What is the procedure for obtaining a Civil Stalking Protection Order or Civil Sexually Oriented Offense Protection Order?

The procedure is very similar to the procedure for a obtaining a domestic violence CPO.

One difference is that the Petition for a Civil Stalking Protection Order or Civil Sexually Oriented Offense Protection Order must be filed with the general division, not the domestic relations division, of the court of common pleas.  However, if the victim is seeking a juvenile civil protection order against a stalker who is a minor (under 18 years of age), the petition must be filed in the juvenile court under R.C. 2151.34.

Another difference is that the Petition for a Civil Stalking Protection Order or Civil Sexually Oriented Offense Protection Order must be filed in the county in which the person to be protected by the protection order resides.

Standard protection order forms are available from the clerk of the common pleas court. The petition may include a request that the court issue an ex parte (immediate) protection order before the full hearing on the petition can be held.

The victim will have to meet with the judge or magistrate and present testimony to the judge before the judge issues an emergency ex parte protection order. The judge will issue an ex parte protection order if she/he believes that the victim is facing immediate and present danger.

"Immediate and present danger" includes, but is not limited to, situations in which the stalker has threatened the person to be protected by the protection order with bodily harm or in which the stalker previously has been convicted of or pleaded guilty to menacing by stalking or a sexually oriented offense.

The statute governing Civil Stalking or Sexually Oriented Offense Protection Orders is R.C. 2903.214.

What happens once I get an ex parte Civil Stalking or Sexually Oriented Offense Protection Order?

Upon the issuance of the ex parte protection order, the court will schedule the "full hearing" to be held within the next ten days (10 days).

The papers must then be served by the sheriff upon the stalker.

At the full hearing, both parties will be given an opportunity to present their testimony, witnesses, and other evidence to prove or disprove the allegations of stalking. If, after hearing all the evidence, the judge believes that the stalking occurred and that the victim faces a continuing danger, the judge will issue a Full Hearing Civil Stalking or Civil Sexually Oriented Offense Protection Order.

This protection order should also be served or otherwise delivered to the stalker. It will be a valid order enforceable by the police and sheriff’s departments for the period of time set forth in the order, which may be any period of time up to a maximum of five years after the issuance of the order. See R.C. 2903.214, which is the Ohio statute governing these protection orders.

What types of remedies may a court order in a Stalking Protection Order or Civil Sexually Oriented Offense Protection Order?

All Civil Stalking Protection Orders and Civil Sexually Oriented Offense Protection Orders prohibit the stalker or sexual offender from harming, attempting to harm, threatening, following, stalking, harassing, contacting, or forcing sexual relations upon the victim.

The standard protection order form also includes optional language requiring the stalker or sexual offender to stay ______ blocks or ______ yards away from the victim, and prohibiting the stalker or sexual offender from shutting off any utilities, canceling any insurance or health benefits, interfering with the victim’s phone service or mail delivery, and prohibiting the stalker from removing or damaging any of the victim’s property or pets.

A Civil Stalking Sexually Oriented Offense Protection Order may contain any other terms designed to ensure the safety and protection of the person to be protected by the order including, but not limited to, a requirement that the stalker or sexual offender be prohibited from entering the residence, school, business, or place of employment of the victim or any family or household member of the victim.

The order should also contain language clearly stating that it cannot be waived or nullified just because the victim later invites or consents to the stalker entering her residence, school, business, or place of employment.

There is also optional language in the standard protection order forms that prohibits the stalker from possessing or carrying any firearms or other deadly weapons. See R.C. 2903.214 and Forms 10.03-E and 10.03-F of the Ohio Supreme Court Rules of Superintendence. However, a Civil Stalking or Sexually Oriented Offense Protection Order, unlike a domestic violence CPO, may not include any provisions concerning spousal support, child support, child custody or visitation, or the use or possession of personal property or motor vehicles.

What is the duration of a Civil Stalking or Sexually Oriented Offense Protection Order?

The Civil Stalking or Sexually Oriented Offense Protection Order will remain valid until a date certain that is set forth in the Order.

The maximum duration of a stalking CPO is five years. The victim may also file a motion or petition for extension or renewal of the protection order before it expires. See R.C. 2903.214(E)(2).

What are the penalties for violating a Criminal Protection Order or Civil Stalking Protection Order or Sexually Oriented Offense Protection Order?

The penalties are the same for violating a Criminal Protection Order or a Civil Stalking or Sexually Oriented Offense Protection Order.

A first conviction of violating either Protection Order is a misdemeanor of the first degree, punishable by up to six months in jail and/or a $1,000 fine.

A second or subsequent conviction of violating either Protection Order is a felony of the fifth degree, punishable by a mandatory prison term of six, seven, eight, nine, ten, eleven, or twelve months, and/or a fine of up to $2,500. See R.C. 2919.27(B).

Is a Criminal Protection Order or a Civil Stalking or Sexually Oriented Offense Protection Order issued in one county enforceable in other counties of the state or in other states?

Yes.

A Criminal Protection Order or a Civil Stalking or Sexually Oriented Offense Protection Order issued in one county is enforceable by the police and sheriff’s departments in any other county in Ohio. R.C. 2903.213(G)(3) and 2903.214(F)(3).

Therefore, if the victim flees the county from which she obtained the protection order, and the stalker or sexual offender follows her, the law enforcement agencies and courts in her new county must enforce the protection order in the same manner they would enforce an order issued in their own county. Ohio’s "preferred arrest" policy would apply to any violations committed by the stalker or sexual offender in any county in Ohio, and the same penalties would apply. See R.C. 2935.03(B)(3) and 2919.27.

A victim may register her protection order in her new county by filing a certified copy of the protection order with the municipal court (for criminal orders) or the court of common pleas (for civil orders) in her new county.

Registration of the out-of-county protection order is helpful because it puts local law enforcement agencies on notice of the protection order, but the local police and sheriff’s departments must enforce the stalking protection order regardless of whether or not it is registered.

Similarly, a Civil Stalking or Sexually Oriented Offense Protection Order issued by an Ohio court is enforceable in another state, and vice versa, pursuant to the federal Violence Against Women Act (VAWA), 18 U.S.C. § 2265.

If I request a Civil Stalking or Sexually Oriented Offense Protection Order against my stalker or sexual abuser, can my stalker or sexual abuser also obtain a protection order against me?

No, unless certain requirements are met. In order for the court issuing a Civil Stalking or Sexually Oriented Offense Protection Order against a stalker or sexual offender to also issue a protection order against the victim, the stalker or sexual offender must file a separate petition or cross-petition for a Civil Stalking or Sexually Oriented Offense Protection Order at least 48 hours before the full hearing, and the stalker or sexual offender must present evidence at the full hearing sufficient to convince the judge that his victim was also a stalker or sexual offender.

Unless the stalker or sexual offender takes these steps, the court has no authority to issue a mutual protection order directed against both parties. See R.C. 2903.214(E)(3).

Can a victim advocate (non-attorney) accompany me to the ex parte or final hearing on my petition for a Civil Stalking or Sexually Oriented Offense Protection Order or the hearing on my motion for a Criminal Protection Order?

Yes.

Both protection order statutes, R.C. 2903.213 and 2903.214, specifically say that a victim advocate (a non-attorney from a local victim assistance program) may accompany the victim and be present with the victim at the hearing. The judge may not remove the victim advocate from the hearing just because he or she is not an attorney. However, in most courts the non-attorney victim advocate cannot present arguments or evidence (act like an attorney) at the hearing. The victim, if she is not represented by an attorney, must present her own case to the court.

If you or a family member fear for your safety because you are being threatened with harm, followed, or harassed by a person (relative or stranger), you can apply for a Domestic Violence Stalking Protection Order now.

For more information on domestic violence, visit the Ohio Domestic Violence Resource Center.

See also the Forms & Education tab in this section for more information.