Enforcing an Out Of State Domestic Violence Protection Order

Akron Domestic Violence LawyerHave you or someone you know recently moved to Ohio with a domestic violence protection order from another state?

Your (non-military) protection order will be enforceable in Ohio under the following conditions:

It was issued to prevent violent, threatening, or harassing behavior against another person, OR it was issued to forbid contact or communication with another person.

The court that issued the order had jurisdiction over the people and case. (the court had the authority to hear the case).

The abuser received notice of the order and had an opportunity to go to court to tell his/her side of the story.

In the case of ex parte and emergency orders, the abuser must receive notice and have an opportunity to go to court to tell his/her side of the story at a hearing that is scheduled before the ex parte or emergency order expires.

Ohio courts must enforce these cases under the federal Violence Against Women Act (VAWA), 18 U.S.C. Section 2265

Military Protection Orders (MPOs) are not enforceable in a court of law. They are generally only enforceable while the abuser is under the command of the unit or base commander who issued the order.

If you want a local court or police department to enforce an out-of-state protection order, there are several conditions.

First, the order cannot be changed by local authorities. Only the order as written will be enforceable. If you want to change any of the terms of the order, you have to either:

Start over again in a local court, or

Apply to change the order in the home court (where you got the order in the first place).

If you want to change the order in the home jurisdiction, you may be able to do so from Ohio by requesting a telephone hearing, so that you do not have to return to the home state of the abuser.

If the home court cancels or changes the order, or a protection order expires, neither a local court or local law enforcement will be able to enforce that order.

If that is the case, you need to contact an attorney or a local domestic violence organization. You need the help of someone who is a professional in this area—please do not try to go it alone.

If you also received temporary custody along with the out-of-state protection order, then that custody order is also probably enforceable in the Ohio court system. As long as the child custody provision complies with the Uniform Child Custody Jurisdiction Act (UCCJA) or the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), and is consistent with the Parental Kidnapping Prevention Act of 1980, Ohio courts can enforce a temporary custody order that is a part of a protection order.

If the other party violates a protective or custody order, that party is subject to arrest.

A first conviction of violating a protection order is a misdemeanor of the first degree, punishable by up to six months in jail and/or a $1,000 fine.

A second or subsequent conviction of violating a protection order is a felony of the fifth degree, punishable by up to one year in jail and/or a $2,500 fine.

If you have a protection order issued from an Ohio court, the Violence Against Women Act requires that other states must enforce the Ohio order in the same way.

A protection order can be violated in many ways, but primarily it will be from an instance of abuse. If you have such a protection order, and have been a subsequent victim of abuse, you need the help of attorneys who are experienced in this very difficult area of the law. Please contact us by calling 1-800-297-9191 for a FREE consultation with an experienced or send us a Blog Message to schedule a time to talk. To learn more, please visit  http://dissolutionanddivorce.com/DomesticViolence.html.

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About slaterzurz

Slater & Zurz LLP is an Ohio law firm of highly experienced and respected attorneys. Over the last 40 years, we have developed a reputation for getting positive results for clients. We've been trusted with handling over 20,000 personal injury cases and our clients have received more than $120,000,000.

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