Columbus Restraining Order and Civil Protective Order

There are big differences between a Temporary Restraining Order and a Civil Protective Order (CPO).

Temporary Restraining Order

A Temporary Restraining Order is often sought and granted from a domestic relations court when a divorce action is filed.  The purpose is primarily to maintain the status quo during the pendency of the case.  The order will usually restrict the parties from dissipating or changing the nature of their assets, selling property, removing children from the jurisdiction of the court, or incurring debt on the credit of the other party and will usually restrain parties from bothering or harassing the other party.  The purpose is to preserve the current situation so that the court will be able to make the appropriate decisions regarding the parties and their children and divide their assets and debts in accordance with the law following a trial.  Law enforcement officers will not enforce such restraining orders.  They can only be enforced by the filing of a contempt action for their violation.

Civil Protection Order

A Civil Protection Order, however, must be enforced by law enforcement officers.  Such orders are issued when domestic violence has taken place.  Domestic violence occurs whenever a family or household member uses physical violence, threats, intimidation and/or emotional, sexual, and economic abuse to maintain power and control over the other person, usually in an intimate relationship.  If a family or household member tries to cause you bodily harm by hitting, pushing, beating, or physically hurting you, that is domestic violence.  Domestic violence occurs whenever the threat of force places you in fear of imminent serious physical harm.   If such a person stalks, commits sexually oriented offences against you, or forces sexual relations on you, that is domestic violence and if the person abuses your children, that too is domestic violence.

Civil Protection Orders can be issued for good cause shown, on the same day the case is filed through the use of an ex parte hearing.  The order will usually restrain the other party from entering your residence, school, business or place of employment.  The order may temporarily allocate parental rights and responsibilities, may permit you to use a motor vehicle, and may require counseling.  The court must then notify the other party of their right to be heard on the matter in a hearing that is scheduled within seven court days after the order is issued.  That hearing may be continued.  Reasons for a continuance can include: the respondent has not been served with the notice of hearing; to permit the respondent to obtain counsel; if both parties consent; or for other good cause.

If a Civil Protection Order is issued, it can remain in effect for up to five years, depending on the terms set by the Judge or Magistrate.  If you need the protection of a Civil Protection Order, or you are faced with a situation where such an order is being sought against you, an experienced attorney who is well versed in handling such cases will be essential.

The attorneys at Edward F. Whipps & Associates have over 30 years of experience in handling domestic violence cases and in seeking or defending against Civil Protective Orders. You can arrange for a confidential initial consultation at a mutually convenient time by calling the Columbus office at (614) 461-6006 or the Dublin office at (614) 461-6007.