Being slapped with a protective order is bad enough – but being accused of violating a court order is incredibly frustrating. Protective orders, also known as restraining orders, are issued by courts to prevent individuals from contacting or harassing others. Unlike states like Colorado, Ohio does not require that protective orders be rendered into “plain English.” Trying to decipher these orders, especially the nuances of certain circumstances like shared child custody, can be extremely difficult, and often leads to misunderstandings.
Cincinnati Lawyer for Protective Order Violations
Most people do not know what to do after being told that they have broken their protective order. If you must break your protective order, or did so with what you believed was good faith, you need to contact an experienced defense attorney immediately.
If you have been charged with violating a protective order, know that you have someone on your side. The Wieczorek Law Firm has served the citizens of Cincinnati for over 16 years – originally a prosecutor, Mark Weiczorek is prepared to help build your defense against stalking charges. The best time to start is now.
Call Mark Wieczorek at (513) 317-5987 for a free consultation or complete our online contact form.
Overview of Protective Orders in Ohio
- Protective Orders under Ohio Law
- Types of Protective Orders in Ohio
- What Constitutes a Violation of a Protective Order?
- Firearm Ban
- Additional Penalties
- Protection Orders from Other States
- Hire a Lawyer for Violation of a Protection Order
Protective Orders under Ohio Law
A protective order is a legal directive issued by a court to restrict an individual’s actions toward another person, typically to prevent harassment, abuse, or violence. Protective orders are commonly issued in cases involving:
- Domestic violence.
- Stalking or menacing.
- Sexual assault.
- General assault
- Harassment or threats.
Any case in which seeing the offender would cause undue harm to the person, physically or mentally, may be considered for protective orders.
Types of Protective Orders in Ohio
Civil Protection Orders (CPOs):
- Issued in cases of domestic violence or abuse.
- Can include temporary custody arrangements, eviction from shared residences, and prohibitions on contact.
Stalking Protection Orders:
- Designed for victims of stalking or menacing.
Temporary Protection Orders (TPOs):
- Issued during criminal proceedings to protect the victim until the case is resolved.
- Can also be issued after an offender is found to have violated a protection order as a modification to the current order.
Sexually Oriented Offense Protection Orders (SOPOs):
- Issued in cases involving sexual offenses.
What Constitutes a Violation of a Protective Order?
Under Ohio Revised Code (ORC) Section 2919.27, it is a criminal offense to recklessly violate the terms of a protective order. Violations may include:
- Contacting the protected individual in person, by phone, email, or social media.
- Approaching or being within a specified distance of the protected person’s home, workplace, or school.
- Committing acts of violence or threats against the protected individual.
- Violating custody or visitation restrictions outlined in the order.
Firearm Ban
It is illegal under Ohio law for any person who is issued a protection notice to possess or purchase a firearm.
The notice provided under Ohio State Revised Stat. 2919.26:
As a result of this protection order, it may be unlawful for you to possess or purchase a firearm, including a rifle, pistol, or revolver, or ammunition pursuant to federal law under 18 U.S.C. 922(g)(8) for the duration of this order. If you have any questions whether this law makes it illegal for you to possess or purchase a firearm or ammunition, you should consult an attorney.
Reckless Behavior
To convict someone of violating a protective order, the prosecution must prove that the offender acted recklessly, meaning they disregarded a known risk of violating the order.
Penalties for Violating a Protective Order in Ohio
The penalties for violating a protective order vary depending on the circumstances of the violation and whether it is a repeat offense.
Misdemeanor Penalties
- First-Degree Misdemeanor:
- Applies to most violations that do not involve physical harm or prior convictions.
- Penalties include:
- Up to 6 months in jail.
- Fines of up to $1,000.
Felony Penalties
- Fifth-Degree Felony:
- Applies if the offender has a previous conviction for the same offense.
- Penalties include:
- 6 to 12 months in prison.
- Fines of up to $2,500.
- Third-Degree Felony:
- Applies in cases where the violation occurs during a felony-level offenses.
- Penalties include:
- 1 to 5 years in prison.
- Fines of up to $10,000.
Additional Penalties
Aside from criminal penalties, violating protection orders can have serious civil penalties. These can include:
- Damaging your ability to secure child custody or visitation rights
- Extension of the current order
- Additional requirements placed on the order
If the protection order results in harm coming to the victim, the court will likely increase the punishment during any civil proceedings that come.
Electronic Monitoring
If the offender is found in violation of an order requiring electronic monitoring, the court may extend the length of the monitoring period to as much as 5 years. The offender must then pay the costs of both the installation and maintenance of the monitoring device.
Protection Orders from Other States
Generally, protection orders from any other state will be honored in Ohio. This means that you must follow the guidelines of protection orders set against you in another state, even if you move to Ohio after it is emplaced.
This is a general rule – however, in some rare cases, certain aspects of the protection order may not be honored. You should always consult a lawyer before acting on a protection order.
What do I do if I Have to Violate a Protection Order?
If you feel that you absolutely must violate a protection order, you should contact you lawyer immediately. Some leeway is occasionally granted in cases of extreme distress, or where contact is absolutely unavoidable, but in most cases, protection order violations are taken very seriously and can often result in
Hire a Lawyer for Violation of a Protection Order
If you have been charged with violating a protective order, know that you have someone on your side. The Wieczorek Law Firm has served the citizens of Cincinnati for over 16 years – originally a prosecutor, Mark Weiczorek is prepared to help build your defense against stalking charges. The best time to start is now.
Call Mark Wieczorek at (513) 317-5987 for a free consultation or complete our online contact form.