Protection Orders, sometimes referred to as restraining orders, need to be taken seriously. Under Ohio law, protection orders can be issued by a court where there is an allegation of domestic violence, stalking, a sexual offense, or other alleged criminal conduct. A person does not have to be charged with a crime to be subject to a protection order.
Civil Protection Orders
are issued by Domestic Relations Court in response to allegations of domestic violence cases.
Temporary Protection Orders
are typically issued ex parte, or after the court has only heard from one side. A full hearing on the protection order is usually scheduled with ten days.
Anti-Stalking Protection Orders and Civil Stalking Protection Orders
are issued by the Common Pleas court in situations where the people involved are not family or household members.
Criminal Protection Orders
are issued by the criminal courts where any violent, menacing, or trespassing charges have been filed.
A violation of a protection order is a crime which can lead to jail time. Even an allegation of a violation — even if unproven — can lead to jail time as a result of Ohio “preferred arrest” law. In addition, persons subject to a protection order may not be permitted to carry firearms under federal law.
The attorneys at Engel and Martin, LLC, have the experience necessary to effectively represent persons facing protective order allegations. Joshua Adam Engel and Mary K. Martin are former prosecutors who have handled hundreds of protection order cases both as defense attorneys and prosecutors. In one significant case involving a protection order violation, State v. Fernbach, Engel argued before the Ohio Court of Appeals on sentencing issues for a person found guilty of violating a protection order while in jail on felony domestic violence charges.
Joshua Engel served on the Ohio Supreme Court’s Advisory Committee on Domestic Violence, where he helped revise the protection order forms used in every Ohio courthouse. Engel is a frequent speaker on domestic violence and protection order issues, including presentations to conferences sponsored by the Ohio Attorney General, the Ohio Prosecuting Attorneys’ Association, and D.A.R.E.