Domestic violence is any assault or threat of harm against a family or household member. Domestic violence includes physical, emotional, financial, and/or sexual abuse. If you are a victim of domestic violence, you should (1) contact the police immediately; (2) obtain medical treatment if necessary; (3) seek a shelter or safe place to stay; (4) speak to a victim advocate; and (5) seek assistance through the legal system.

Q.: What legal remedies are available to me as a victim of domestic violence?
A.: Assistance is available in both civil and criminal courts. You can contact the sheriff's department or prosecuting attorney, who can file criminal charges against the abuser. When criminal charges are filed, you can seek a temporary protection order (TPO). A TPO should contain terms to insure your safety and the safety of your family or household members. The TPO should direct the alleged offender to stay away from your residence, school, and/or place of employment and not to phone you. It also should order the offender not to damage your property.

In a separate case, victims may also request a civil protection order (CPO). A CPO may give you possession of an automobile, give you custody of children, and order support to be paid for the children, etc.

Q.: How do I obtain a TPO?
A.: The prosecuting attorney can file a criminal complaint of domestic violence. After the prosecuting attorney has filed the complaint, the abuser may be arrested, tried and sentenced to jail as in any other criminal case.

At any time during this process, you can request a TPO on a form provided by the clerk of courts. There is no fee for filing this request. The court must schedule a hearing to consider your request within 24 hours of the filing. You must appear at this hearing to provide information about the basis of your request. You may take a victim advocate with you.

Q.: How will law enforcement officials know that I have a temporary protection order?
A.: The court must provide, on the same day it is issued, copies of the TPO to you, to the alleged offender, and to all law enforcement agencies with authority to enforce the order. Law enforcement agencies are required to maintain an index of these orders.

Q.: How long does a TPO last?
A.: A TPO remains in effect until the criminal charges that prompted it are resolved.

Q.: What if the offender violates the TPO?
A.: If the alleged offender violates the TPO, you should go to a safe place and call the police. You should give the police a copy of the TPO, and contact the prosecuting attorney to file a complaint.

Q.: How do I obtain a CPO?
A.: You can file a CPO whether or not criminal charges are pending. You can file a request on your own or with the help of an attorney. A hearing will be held most generally within 24 hours of filing. The alleged offender is generally not present. You must describe the most recent act of violence to the court.

A second hearing will be held generally within two weeks. The alleged offender will be notified and may attend. If the offender appears, you should present copies of any police reports, records of any medical treatment, and any witnesses. After considering all of the information, the court will decide whether to issue a CPO. If a CPO is issued, you should always get a certified copy ($5 to $10) to provide to law enforcement authorities.

Q.: How long does a CPO last?
A.: It will remain in effect for up to five years.

Q.:  What should I do if the offender violates the CPO?
A.: You should go to a safe place and call the police. You should show the police the CPO and contact the prosecuting attorney to file a complaint. If convicted of violating a CPO, the offender can be sentenced to jail, probation, court supervision, or counseling.

8/31/2004

Law You Can Use is a weekly consumer legal information column provided by the Ohio State Bar Association. This article was prepared by Trecia Kimes-Brown, an attorney in McArthur, Ohio.