Butler County Clerk of Courts: Protection Orders

Courts may grant civil protection orders to those who are at risk of violence or have been threatened with abuse. The offices of the Court of Common Pleas and the Clerk of Courts can provide assistance as to which protection order is applicable. There are four different types of protection orders.

Civil Stalking Protection Order
Civil Stalking Protection Orders, also known as CSPOs, are issued to those who believe they are in danger of being harmed by someone who is not a member of their family or household.

Effects of a Civil Stalking Protection Order:
CSPOs are granted to those who claim they are victims of menacing by stalking. According to section 2903.211 of the Ohio Revised Code, a person who is guilty of menacing by stalking has knowingly engaged in behavior that has caused the alleged victim to believe he or she is in danger of physical harm or mental stress.

A CSPO contains terms designed to ensure the safety and protection of the person protected by the order. These include, but are not limited to, prohibiting the offender from owning any weapons and from entering the residence, school, business, or place of employment of the person protected by the order.

Violation of a CSPO can result in charges of violation of a protection order and/or contempt of court, and additional charges for any other laws broken when violating the order. This can result in the arrest and incarceration of the offender.

The person requesting a CSPO is referred to as the petitioner. The person the petitioner wishes to file the CSPO against is referred to as the respondent. To apply for a CSPO, the petitioner must be a Butler County resident who is at least 18 years old. In addition, the following requirements must be met:

The respondent may not be a spouse, person living as a spouse, or former spouse of the petitioner.
The petitioner and respondent may not have lived together.
The petitioner and respondent may not have a child together.
The respondent may not be a member of the petitioner's family or household.

The petitioner should file the completed petition at the Clerk of Courts office on the fifth floor of the Government Services Building . The petitioner will then be directed to a magistrate or judge of the General Division of the Common Pleas Court .

Court Procedures:
To facilitate the processing of petitions, the administrative court offices screen victims, photograph any injuries and type the court's order. These services are performed at no cost to the petitioner. The court will ask petitioners to provide a brief description of the respondent, their relationship with the respondent and the incident(s) that lead them to file a protection order request.

At the request of the petitioner, the court may hold an ex parte, or emergency, hearing. The purpose of this hearing is to determine whether to grant the petitioner an ex parte protection order to protect them until a full hearing can be held. The respondent does not attend this hearing. If an ex parte order is granted, the court will file it in the Clerk of Courts office, send copies of it to the respondent and the police and set a date for a full hearing. If a full protection order is granted at the official hearing it replaces the ex parte protection order.

If the petitioner does not request an ex parte hearing or the court does not grant an ex parte protection order, the court will treat the action as a normal civil case and will hold a full hearing on the matter. If the court grants a full protection order, the order can remain in effect for up to five years.

Before a petition can be filed, the petitioner must have the first and last name of the respondent. Before a protection order can be served, the petitioner must have the complete address of the respondent. A physical description of the respondent is also helpful.

Domestic Violence Civil Protection Order
Domestic Violence Civil Protection Orders, also known as CPOs, are granted in the Domestic Relations Court to those who believe they are in danger of being harmed by a member of their family or household. In addition to orders limiting or prohibiting contact between the parties involved, the court can issue orders concerning related issues such as the payment of medical bills, child support and designation of the children's residence.

Effects of Domestic Violence Civil Protection Orders:
A CPO applicant, who is referred to as the petitioner, must ask the court what they would like to have done to protect them from the alleged abuser, who is referred to as the respondent. If a CPO is granted, it can have a number of effects on the respondent, including the following:

Order the respondent to stay away from the petitioner.
Order the respondent to be removed from the petitioner's home.
Order the respondent to get counseling.
Award temporary custody of children to the petitioner.
Award the respondent child visitation rights only with conditions that will keep the petitioner and children safe.
Order the respondent to pay the petitioner child support and/or spousal support.
Prohibit the respondent from having any weapons.
Award possession of a car for the petitioner's use.
Award possession of the petitioner's personal property and the children's personal property.

Violation of a CPO is often punishable by charges of violation of a protection order and/or contempt of court, in addition to charges for any other laws broken by violating the order. Many of these charges can result in the arrest and incarceration of the offender.

Obtaining and Filing a Petition:
CPOs can be obtained at the Domestic Relations Division of the Butler County Court of Common Pleas. Victims cannot be charged for obtaining or applying for a CPO. Throughout the petition process, the alleged victim will be referred to as a petitioner and the alleged abuser will be referred to as the respondent.

To apply for a CPO, a petitioner must be a Butler County resident who is at least 18 years old. A CPO will be granted only if at least one of the following applies:

     1.   The petitioner is both related by blood to the respondent and has previously lived with the respondent.

     2.   The petitioner either currently lives with the respondent or has lived with the respondent some time during the last five years.

     3.   The petitioner is married to the respondent or was married to the respondent in the past.

     4.   The petitioner has a child with the respondent.

If the petitioner has been dating the respondent or shares family or financial responsibilities with the respondent, the court may grant a CPO. Petitions for a CPO and the instructions for completing them may be obtained online or at the Butler County Domestic Relations Court. Depending on the circumstances, other documents may also be helpful to petitioners.

The petitioner must bring the applicable, completed documents to the office of the Domestic Relations Court, which is located on the second floor of the Government Services Center. The office is open Monday through Friday from 8:30 a.m. to 4:30 p.m. The petitioner must sign the affidavit and protection order petition in front of a deputy clerk or notary public.

There are two hearings in a domestic violence case. The first is called an ex parte (emergency) hearing, and is conducted to determine whether to grant the petitioner an ex parte CPO to protect him or her until a full hearing can be held. The respondent does not attend this hearing. At the ex parte hearing, the court will ask petitioners to provide a brief description of the respondent, their relationship with the respondent and the incident(s) that lead them to file a protection order request. If a petition for a CPO is filed early enough in the day, an ex parte hearing will be conducted that same day. If the petition is filed too late, the ex parte hearing will be held the following business day.

If the court issues an ex parte CPO, it will then set a date for a full hearing no later than ten working days after the ex parte CPO is granted. The court will send copies of the ex parte CPO to the police and the respondent.

Both the petitioner and the respondent must appear at the full hearing. If a CPO is granted at the full hearing it replaces the ex parte CPO. The CPO remains in effect until a date specified by the court, and can last for a maximum of five years.

Violation of either an ex parte or a full CPO can result in the arrest and incarceration of the offender.

Criminal Temporary Protection Order
Criminal Temporary Protection Orders, also known as TPOs, are issued in criminal cases alleging that an offender has committed some type of criminal abuse. These orders remain in effect only while the case is before the court or until the court issues a CPO or CSPO. Alleged victims can apply for Criminal Temporary Protection Orders at their city's municipal court or at the applicable Butler County area court.

Effects of Criminal Temporary Protection Orders:
Temporary protection orders limit or prohibit contact between the abuser and the victim. Violation of a TPO can result in fines, incarceration or both.

Obtaining and Filing a Petition:
A victim can obtain a Criminal TPO at his or her city's municipal court or at the applicable Butler County Area Court. Throughout the petition process, the person requesting the order will be referred to as the alleged victim and the offender will be referred to as the defendant.

TPOs can be issued only if there is a criminal case alleging that the defendant committed domestic violence, felonious assault, aggravated assault, menacing by stalking or aggravated trespassing against the alleged victim. To obtain a TPO, the alleged victim must complete a Motion for a Temporary Protection Order and file it with the court. TPOs last until the conclusion of the court case or until the court grants a civil protection order.

More information about applying for a TPO can be obtained at the prosecutor's office in the victim's city of residence. Those who obtain a TPO are advised to also pursue a CPO, because CPOs remain in effect after the conclusion of the criminal case.

Domestic Relations Temporary Restraining Order
Domestic Relations Temporary Restraining Orders, also known as TROs, are issued if those involved are married and there is divorce pending. TROs are effective until the final divorce decree is filed and journalized at the Clerk of Courts office. The issuance of a Domestic Relations Temporary Restraining Order is normally part of the divorce process; it is applied for at the Domestic Relations Division of the Court of Common Pleas.

Effects of a Domestic Relations Temporary Restraining Order:
A TRO states that by law the person it is granted against is not to “strike, abuse, harass, stalk, threaten or injure” the person asking for the order. These orders are granted in almost every divorce case. The abusive party cannot be arrested for violation of the order; however, he or she can be held in contempt of court, which could result in incarceration.

Obtaining and Filing a Petition:
Those who are married to their alleged abusers and have a pending divorce case can obtain a TRO from the office of the Domestic Relations Court, which is located on the fourth floor of the Government Services Center. TROs are effective until the final divorce decree is filed and journalized at the Clerk of Courts office. Unless the petitioner has a low income, the court will assess a cost for granting a divorce including the cost of the restraining order.

Victims of Crime Resources
Butler County Crisis Line (513) 523-4146 or (513) 894-7002
Butler County Victim Assistance Program (513) 785-5143
Catholic Social Services (513) 863-6129
Children's Hospital Medical Center (513) 636-4124
Children's Services Board:
          Hamilton/Fairfield (513) 887-4055
          Middletown (513) 422-8059
          Butler County (513) 863-1770
          Emergencies/Weekends (513) 868-0888 or (513) 422-8059
Child Support Enforcement Agency (513) 887-3362
Cincinnati Poison Information Center (513) 558-5111
Comprehensive Counseling Service (513) 424-0921
Domestic Violence Office of Butler County
          Middletown   (513) 424-5351 x 3347
          Hamilton   (513) 887-3347
Dove House   (800) 618-6523
Family Services (513) 867-7545
Hope House   (513) 423-4673
Horizon Services (513) 785-5726
Ohio Domestic Violence Network    (800) 934-9840
Ohio Legal Rights Services for the Disabled   (800) 282-9181
Sojourner Recovery Services   (513) 868-7654
Supports to Encourage Low Income Families (888) 432-7022
YWCA   (513) 856-9800

PROTECTION ORDERS