Victim Assistance

• What is a Civil Protection Order (CPO)?
  A CPO is issued by a domestic relations court to protect a victim of domestic violence. A CPO is intended to prevent further domestic violence. It orders someone who has been abusive to do or not do certain things in the future.

  Violating a CPO is a crime. If the respondent violates a CPO, he or she may be arrested , jailed, and fined for disobeying the CPO. The CPO can remain in effect for 5 years. If the respondent violates the CPO, you can call the police, go back to the domestic relations court to file a contempt charge, or go to the Prosecutor's office and have the respondent charged with the crime of violating the CPO.

• Why get a Civil Protection Order?
  If you are the victim of domestic violence, a CPO may help you. Once domestic violence starts, the violence often happens more often and gets increasingly severe. A CPO may stop this cycle of violence because the court orders the respondent to stop hurting or threatening you and/or your children. A court can use a CPO to order the respondent to stay away from you for 5 years. A CPO can give you time to "sort things out" and decide what you want to do next without having to be afraid all of the time. If your children have seen domestic violence, a CPO may give you a chance to get some help so that you and your children are healthy and safe.

  Second, domestic violence is a crime. A CPO tells the respondent you and the court are serious about requiring the respondent to stop his or her abusive behavior and not to hurt or threaten you again.

  Third, a CPO sets some "rules" that the respondent must obey while the CPO is in effect. These rules may require the respondent to pay child or spousal support; give up possession of a home or car; and/or obey the court's orders about visitation.

  Fourth, a CPO issued by a domestic relations court may last longer than a Temporary Protection Order issued through a criminal court and provide more kinds of help.

• Who can get a Civil Protection Order?
  
  You can apply for a CPO if:
  • you are related to the respondent by blood or marriage.
  • you are living with or have lived with the respondent within the last 5 years.
  • you used to be married to the respondent.
  • you have a child with the respondent, whether or not you were ever married or lived together. You may be able to get a CPO if:
  • you have been dating the respondent.
  • you share family or financial responsibilities with the Respondent; and
  • ou spend the night with the respondent
• Do I need an attorney to obtain a CPO?
  No, but you are often better off having legal representation in your CPO proceeding. Having an attorney represent you is especially helpful when your case involves contested custody and visitation and/or when an attorney represents the respondent.
• Must there be a court hearing for me to obtain a CPO?
  Yes. There are two hearings involved in a CPO case: the ex parte hearing and the full hearing

  Ex parte hearing: At this hearing only you are present. The respondent is not present.

  At the ex parte hearing you take an oath to tell the truth and a judge or magistrate hears your statement of what happened. If the Judge or magistrate finds that the events you described meet the requirements of the law, the court will issue an ex parte order and schedule a full hearing.

  Full hearing: The full hearing is the final hearing. At this hearing both you and the respondent can testify. You must be present at the full hearing. You should bring any witnesses who can support your case. If the court issues a full hearing CPO, the court files the CPO with the Clerk of Courts. The Clerk serves the appropriate parties with certified copies of the CPO. The CPO remains in force until the date indicated in the CPO, with 5 years being the maximum.

If you would like more information on obtain a CPO please contact the Washington County Victim Assistance Office at (740) 373-0043 or E-mail us at WCVAP@wcgov.org.

Washington County Victims Assistance
Courthouse
205 Putnam St.
Marietta, OH 45750

©2010 Washington County
ALL RIGHTS RESERVED