As a victim of a violent crime in criminal case you may have a right to petition the Court for a Temporary Protection Order (TPO). A TPO is available in the Chardon Municipal Court when a criminal complaint alleging violence has been filed: domestic violence, felonious assault, aggravated assault, assault, aggravated menacing, menacing by stalking, menacing or aggravated trespass.
A TPO may order the Defendant to stay away from the victim’s residence, workplace and school. It can order the defendant to refrain from telephoning, harassing or threatening the victim directly, or through another person. It can also include other terms necessary to ensure the victim’s safety.
You may request the Court issue a TPO at the Defendant’s initial appearance at Court. The TPO will generally remain in effect as long as the criminal case is pending. Once the criminal case is disposed of by plea/verdict and sentencing or dismissal, the TPO is terminated. If you feel that you need a further order for protection, you may want to consider filing for a Civil Protection Order (CPO).
A Civil Protection Order (CPO) is available through the Common Pleas Court. No criminal charges need to be filed, but the family/household member must have an immediate fear of serious physical harm from the offender. A CPO may; order the offender to stay away from the victim’s residence, workplace or school; order the offender to refrain from abusing, telephoning, harassing or threatening the victim/household members directly or through another person; order removal of the offender from a shared residence; award child support, spousal support, custody and/or visitation and order the offender to enter treatment/counseling.
A Civil Stalking or Sexually Oriented Offense Protection Order (CSPO) is available through the Common Pleas Court in the county in which you reside. No criminal charges need to be filed. It can provide protection to victims who are not family/household members of the offender. Things to consider: Have you experienced two or more harassing incidents that are closely related in time? Are you in immediate fear of serious physical harm or are you currently suffering from mental distress? If you answered “yes” to these questions, you may be eligible for a CSPO. Sexually oriented offense victims do not need to include any pattern or conduct.
A Juvenile Civil Protection Order (JCPO) is available very much like the CPO and CSPO but should be filed in the Juvenile Division of the Common Pleas Court. It can provide protection to victims who are not family/household members of the offender. If the offender is under the age of 18 years old this may be the correct order for you to consider.
For additional information on protection orders, please see the Ohio Supreme Court website at http://www.supremecourt.ohio.gov and see the Services to the Court section.