Ohio Civil Protection Orders Against Family Members

Though it’s a rare occurrence, a parent can get a Civil Protection Order ( CPO ) against their own child in Ohio.  Many times when this occurs the Court will appoint a guardian for the child.  If the child is under 18 as a juvenile, then the ex-parte petition for the civil protection order must be filed in the juvenile court, not the common pleas domestic or family division as would typically be appropriate in cases involving only adults. However, if the child is age 16 or under and not living with the parent, the person that is housing the child may have to be served with process for the protection order, according to the states rules of civil procedure.

In fact, under Ohio’s CPO statute Section ORC 3113.31, any family member can get a protection order against any other family member in the same household.  This means that the child can get a protection order against a parent also. The CPO is a legal device that does not discriminate as to family relations—it is used to protect anyone that the Court finds in danger of being abused.

After an emergency ex-parte CPO is granted, the issuing court must hold a full hearing with both parties present within ten days to determine if the merits of the request are worthy of lengthening the time that the Order will stay in place.

Courts can evict abusers from any residence, including one that is solely in the abusers name.  However, courts are reluctant to evict the abuser during the initial granting of the temporary protection order before the full hearing is held, because the alleged abuser has not had access to a hearing yet.  The petitioner must exhibit that there is “immediate and present danger,” to their own safety.  The Court can include a vacate order as part of the protection order if they feel necessary though.

While it is unfortunate when a person needs to file for a civil protection order against a family member or household member, many times it is in the best interest of the abused party.  Should you find yourself in an abusive situation at home or otherwise, you should seek an experienced family law attorney to guide you through the process of obtaining safety.  Please call Slater & Zurz LLP and we will listen to you and answer your questions, helping you all the way through the process.  Please give us a call at   1-800-297-9191 orsend us a Blog Message and make an appointment to meet with an attorney who understands.

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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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One Comment on “Ohio Civil Protection Orders Against Family Members”

  1. read more Says:

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