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Know the Laws: Ohio

UPDATED December 9, 2008

Domestic Violence Protection Orders

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A Protection Order is a civil order that provides protection from harm or the threat of harm by a family or household member.

Basic Information

back to topWhat are protection orders?

A protection order is a paper which is signed by a judge and tells your abuser to stop the abuse or face serious legal consequences. It offers civil legal protection from domestic violence to both women and men victims.

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back to topWhat is the legal definition of domestic violence in Ohio?

This section defines domestic violence for the purposes of getting a protection order.

In general, if a family or household member hurts you or tries to hurt you (with or without using a weapon) or gives you reason to believe that he is going to hurt you in the near future, that person has committed an act of domestic violence.  For the purposes of getting a protection order, you must have a specific relationship with the abuser (see Am I eligible for a protection order?)

This type of behavior is illegal, and there are laws to protect you.

"Domestic violence" for the purposes of getting a protection order includes:

  • Physical abuse;
  • Threats that put you in fear of immediate and seriousphysical harm; and
  • Any act with respect to a child that would result in that child being abused.

To read the exact wording of the law, please see the definitions section on the OH Statutes page.

Note: If the acts of the abuser do not fit in this definition, you may be eligible for a stalking or sexually oriented offense protection order.  See Stalking or Sexually Oriented Offense Protection Orders for more information.

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back to topHow can a protection order protect me?

A protection order may:

  • Order abuser to refrain from abusing, harassing, and annoying;
  • Order abuser to have no contact with you or your children;
  • Keep abuser from entering your home, school, business or place of employment, or those of your children;
  • Evict the abuser and award you possession of the residence, even if the residence is owned by the abuser;
  • Award you custody of your child;
  • Require abuser to pay you monthly support;
  • Require abuser to pay rent, mortgage, and/or utility payments;
  • Require abuser to see a counselor;
  • Grant you use of motor vehicle and other possessions;
  • Forbid abuser from owning or buying firearms;
  • Grant any other relief that the court considers equitable and fair.*

Whether a judge orders any or all of the above depends on the facts of your case.

* Ohio Rev. Code § 3113.31

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back to topIn which county can I file for a protection order?

You can file a petition in the county in which you permanently or temporarily live.*   However, if you are temporarily living in a different county and trying to keep your address confidential, filing in that county would likely not be a good idea since it would alert the abuser to the fact that you are living in that county.

* Ohio R. Civ. P. Rule 3.

 

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