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

What are the criminal penalties for a conviction of menacing by stalking in Ohio?

Normally, a first conviction of "menacing by stalking" is a misdemeanor of the first degree, punishable by up to six months in jail and/or a $1,000 fine. However, the crime of menacing of stalking is upgraded to a felony of the fourth degree under any of the following circumstances:

1. except as otherwise provided in division (B)(2) of this section, menacing by stalking is a misdemeanor of the first degree.

2. menacing by stalking is a felony of the fourth degree if any of the following applies:

1. the offender previously has been convicted of or pleaded guilty to menacing by stalking or aggravated trespass;

2. in committing the offense, the offender made a threat of physical harm to or against the victim;

3. in committing the offense, the offender trespassed on the land or premises where the victim lives, is employed, or attends school;

4. the victim of the offense is a minor;

5. the offender has a history of violence toward the victim or any other person or a history of other violent acts toward the victim or any other person;

6. while committing the offense, the offender had a deadly weapon on or about the offender’s person or under the offender’s control;

7. at the time of the commission of the offense, the offender was the subject of a criminal or civil stalking protection order, regardless of whether the person to be protected under the order is the victim of the offense or another person;

8. in committing the offense, the offender caused serious physical harm to the premises at which the victim resides, to the building or land on which that premises is located, or to any personal property located on that premises;

9. prior to committing the offense, the offender had been determined to represent a substantial risk of physical harm to others as shown by evidence of then-recent homicidal or other violent behavior, evidence of then-recent threats that placed another in reasonable fear of violent behavior and serious physical harm, or other evidence of then-present dangerousness.

Many, if not most, stalking cases will fall into one of the above categories. As a result, even many first-time convictions for menacing by stalking should result in felony prosecutions and convictions.

A felony of the fourth degree is punishable by a prison sentence of six, seven, eight, nine, ten, eleven, twelve, thirteen, fourteen, fifteen, sixteen, seventeen, or eighteen months and/or a $5,000 fine.

Does Ohio’s “preferred arrest” policy for domestic violence cases also apply to menacing by stalking cases?

Yes.

If a law enforcement officer has reasonable cause to believe that someone has committed menacing by stalking, or violated a Criminal Protection Order or a Stalking or Sexually Oriented Offense Protection Order (SSOOPO), the "preferred course of action" is to arrest the stalker even if the officer has not yet obtained an arrest warrant. See R.C. 2935.03(B) and 2935.032(A).

Therefore, police officers and sheriff’s deputies should not hesitate to take immediate action to arrest the stalker or protection order violator.

What are the major differences between a Criminal Protection Order and a civil Stalking or Sexually Oriented Offense Protection Order (SSOOPO)?

The most important difference is that a Criminal Protection Order only remains in effect until the disposition of the criminal case.

In other words, once the stalker or sexual offender is convicted and sentenced, the criminal protection order automatically expires.

By contrast, an SSOOPO may remain in effect and be enforceable for up to five years. Specifically, the SSOOPO will remain in effect for the time period that is set forth in the court order, and that period of time may be for five years or for any shorter period. In practice, many judges routinely issue civil protection orders that remain in effect for the maximum five-year period.

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.