The Domestic Relations Court issues Domestic Violence Civil Protection Order to protect victims of domestic violence. It orders the abuser to do or not to do certain things. It can be in effect for up to 5 years. The victim is referred to as the Petitioner and the accused abuser is referred to as the Respondent.
Who can get a DVCPO?
A Petitioner can apply for DVCPO if:
- Petitioner is related to the Respondent by blood or marriage AND has lived with the Respondent at any time; OR
- Petitioner is living with or has lived with the Respondent during the past five years; OR
- Petitioner used to be married to the Respondent; OR
- Petitioner and Respondent have a child together, whether or not they ever married or lived together.
It can also be issued for any member of your household.
Petitioner MAY be able to get a DVCPO if:
- Petitioner has been dating the Respondent; AND
- If Petitioner shares family or financial responsibilities with the Respondent; AND
- Petitioner and Respondent have an intimate relationship.
Is there a hearing?
Yes. A DVCPO case has two hearing, an Ex Parte and Full hearing.
An Ex Parte hearing is held with just the Petitioner, the Respondent is not present. It is held on the same day a Petition for Civil Protection Order is filed. At the Ex Parte hearing, Petitioner takes an oath to tell the truth and a judge or magistrate hears their statement of the occurrence. If the judge or magistrate finds that the events described meet the requirements of the law, the Court will issue an Ex Parte CPO and schedule a Full hearing.
A Full hearing is the final hearing. At the Full hearing both the Petitioner and Respondent can testify. For this hearing to proceed the Petitioner must be present. Petitioner should bring any witnesses and evidence to present his or her case. If at the Full hearing a CPO is issued, it remains in place until the date indicated in the CPO, a maximum of 5 years. If a Respondent fails to show up, a Petitioner can still obtain a final CPO. The Respondent must be served with the Ex Parte CPO before the Full hearing otherwise the Full hearing will be postponed. If the hearing is postponed the Ex Parte CPO remains in effect until the Full hearing is held.
The Law Office of Salahuddin Mohler is located in Toledo, Ohio, we work with clients from all over the Toledo area to meet their legal needs.