What is the duration of a Criminal Protection Order?

A Criminal Protection Order remains in effect until the final disposition of the criminal case.

Therefore, the criminal stalking protection order expires and is no longer valid after the stalker has been convicted and sentenced by the court for the crime of menacing by stalking. R.C. 2903.213(E)(2).

If the stalker is a “family or household member” of the victim, should the victim seek a domestic violence civil protection order instead of a stalking civil protection order?

"Menacing by stalking" and commission of a sexually oriented offense are two of the grounds enabling a family or household member to obtain a domestic violence civil protection order against their stalker.

Therefore, if the stalker or sexual offender is a family or household member of the victim, the victim can seek a domestic violence civil protection order instead of a sexually oriented offense protection order (SSOOPO).

The domestic violence civil protection order (CPO) is preferable to the SSOOPO because the domestic violence statute provides greater relief to the victim. Specifically, a domestic violence CPO may order the stalker/abuser to pay temporary child support or spousal support; award the victim use of the parties’ motor vehicle, divide up or award exclusive use of the parties’ personal property, order the stalker/abuser to receive treatment or counseling, and/or award temporary custody of the parties’ children to the victim.

If the victim is a family or household member but does not need the additional relief available through a domestic violence CPO, the victim may choose between filing a domestic violence CPO or an SSOOPO. The petition for an SSOOPO must be filed in the general division of the county common pleas court; the petition for a domestic violence CPO must be filed in the general division of the local court of common pleas.

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.