Violating a Protection Order
When a court in Ohio issues a protection order (also called a restraining order), the alleged offender (referred to as the respondent) is expected to comply with the injunctions established in the order. A violation of any of the requirements of the protection order can lead to the alleged offender facing criminal charges.
Alleged protection order violations can arise from misunderstandings with or possibly even outright false allegations from alleged victims. In such instances, alleged offenders need to understand that judges often err on the side of caution and are more than willing to order strict sentences of incarceration in order to protect alleged victims.
Lawyer for Protection Order Violations in Cincinnati, OH
Were you arrested for allegedly violating the terms of a protection order in Hamilton County? It is in your best interest to not say anything to authorities until you have contacted Joslyn Law Firm.
Brian Joslyn is a criminal defense attorney in Cincinnati who represents clients in Anderson, Bridgetown, Delhi, Green, Harrison, Miamitown, Norwood, Springdale, Sycamore, and several other communities in southwest Ohio. Our lawyers can provide an honest and thorough evaluation of your domestic violence case when you call to schedule a free, confidential consultation.
Overview of Protection Order Violations in Ohio
- What constitutes a violation of a protection order?
- What are the punishments for protection order violations?
- Where can I find more information about protection orders in Cincinnati?
Ohio issues four kinds of protection orders:
- Temporary Protection Orders (TPOs) or ex parte protection orders are issued for the protection of alleged victims before full protection order hearings have taken place;
- Civil Protection Orders (CPOs) are issued by Domestic Relations Courts in domestic violence cases;
- Criminal Protection Orders are issued by criminal courts in multiple kinds of cases, including domestic violence;
- Anti-Stalking Protection Orders and Civil Stalking Protection Orders are issued specifically in cases of stalking.
An alleged violation of a protection order depends on the specific injunctions that were contained in the order. A few of the most common violations include, but are not limited to:
- Abusing family or household members;
- Failure to provide suitable, alternative housing for alleged victim;
- Child custody violations;
- Failure to pay child or spousal support;
- Failure to seek counseling;
- Entering the residence, school, business, or place of employment of a family or household member; or
- Possession of a firearm or weapon.
The penalties for protection order violations are established under Ohio Revised Code § 2919.27. A first offense violation of a protection order is typically classified as a first-degree misdemeanor punishable by up to 180 days in jail and/or a fine of up to $1,000.
When an alleged offender has been previously violated any kind of protection order, any subsequent violation becomes a fifth-degree felony offense. Convictions in such cases are punishable by up to 12 months in prison and/or a fine of up to $2,500.
If an alleged offender violates a protection order while committing a felony offense, then he or she will be charged with a third-degree felony. A conviction can result in a sentence of up to five years in prison and/or a fine of up to $10,000.
It is important to note that criminal charges relating to violations of protection orders do not apply only to orders issued in Ohio. Alleged offenders can also be arrested for violating protection orders issued by the courts of other states.
Hamilton County Court of Domestic Relations — The Domestic Relations Division of the Hamilton County Court of Common Pleas handles cases involving the protection of victims of domestic violence as well as other matters. On this section of its website, you can download such forms as Petitions for Domestic Violence Civil Protection Orders, Motions to Modify or Terminate a Domestic Violence Civil Protection Order, and Motions for Contempt for Violating a Domestic Violence Civil Protection Order.
Hamilton County Court of Domestic Relations
800 Broadway St
Cincinnati, OH 45202
Domestic Violence Shelters | Ohio Crime Victim Justice Center — The mission of the Ohio Crime Justice Center is to protect the rights of Ohio's state and federal crime victims. On this section of its website, you can find a listing of domestic violence shelters in Ohio. All of the listings contain address and phone numbers, and some listings also include links to official websites.
Joslyn Law Firm | Cincinnati Protection Order Violation Lawyer
If you have been arrested for allegedly violation a protection order in Hamilton County, do not make any kind of statement to authorities without legal representation. Joslyn Law Firm can investigate the specific circumstances of your case and fight to possibly get your criminal charges reduced or dismissed.
Cincinnati criminal defense attorney Brian Joslyn defends clients all over southwest Ohio, including Blue Ash, Colerain, Forest Park, Miami, Montgomery, Reading, Springfield, Symmes, and several surrounding areas. You can receive a full review of your case to help understand your legal options as soon as you call (513) 399-6289 or fill out an online contact form today to take advantage of a free consultation.