Understanding Civil Protection Orders
Ohio courts take allegations of domestic violence seriously. Those who claim to be victims of abuse can request a civil protection order (CPO), also known as a stay-away order or a restraining order, from the court. As the name implies, a civil court issues a CPO separately from any criminal charges. The purpose is to keep the alleged abuser from coming near the victim.
If you are either the victim of abuse or someone has filed for CPO against you, you need a skilled legal guide to assist you through the process. The attorneys at Greco Law have over 50 years of combined legal experience. We are aggressive trial attorneys dedicated to fighting for the best interests of our clients. We take the time to get to know each of our family law clients so that we can meet their individual legal needs.
How Are Civil Protection Orders Issued?
Abuse victims can file a petition for a CPO with the court. They can pursue an ex parte CPO if they can show that they are in “immediate and present danger” from their abuser. The emergency order is a temporary order to cover the time until the court holds the full CPO hearing, where the judge will consider a more permanent CPO.
The law defines “immediate and present danger” as situations where the abuser:
- Has threatened members of the family or household or a person in a romantic relationship with the abuser with bodily harm
- Has threatened members of the family or household or a person in a romantic relationship with the abuser with a sexually based assault
- Has a record of conviction for a previous domestic violence charge
The court considers myriad other relevant factors when making this decision at the full CPO hearing where the accused has the chance to testify and respond to the petitioner’s allegations.
How Greco Law Can Help
Domestic violence is a serious matter. If you are the victim of domestic violence, you should act quickly to protect yourself and your children from further abuse. Our attorneys can help you establish the facts you will need to obtain a CPO.
If you have been accused of domestic violence, we can represent your interests in fighting the CPO. Unfortunately, we do see people use a CPO as a way to manipulate a divorce or custody proceeding. Allegations of abuse can have a serious impact on the outcome of such proceedings. Skilled legal representation is critical to a fair outcome.
Schedule An Initial Consultation
Since 1993, Greco Law has represented clients in high-conflict, complex family law matters. Discuss your CPO issue in a confidential consultation with one of our experienced attorneys. You may schedule your appointment by calling our Dublin office at 614-792-7800 or by sending us an email.