Domestic Violence

Domestic violence occurs when a person causes or attempts to cause bodily injury, threatens the use of force that places another in fear of imminent serious physical harm, commits an act involving a child that would cause the child to be considered abused, or commits a sexually oriented offense against a family or household member.

Domestic violence can involve physical, emotional, or sexual harm and can occur between spouses, partners, parents and children, or others living in the same home.

A Civil Protection Order (CPO) begins when the person seeking protection, known as the petitioner, files a petition with the court. The process starts with completing and submitting court-required forms, and Smitherman Law Group assists clients at every stage to ensure accuracy and thoroughness.

After filing, the court holds an emergency (“ex parte”) hearing with only the petitioner present. If the judge determines there is an immediate risk, a temporary order is issued. A second hearing then follows, allowing both the petitioner and the respondent to present evidence and testimony before the court decides whether to issue a full protection order.

Once granted, whether temporary or full, the order legally requires the respondent to stay away from the petitioner. Violating it can result in arrest or criminal charges, providing survivors with an added layer of safety and control.

In Ohio, there are three main types of civil protection orders: Domestic Violence, Civil Stalking, and Civil Sexually Oriented Offense protection orders. Each type serves a different purpose but shares the same goal: to provide legal protection, prevent further harm, and help individuals regain a sense of safety and control. Understanding which order applies to your situation is the first step in seeking protection.

Domestic Violence Civil Protection Orders (DVCPO)

A Domestic Violence Civil Protection Order (DVCPO) protects individuals who are family or household members of the alleged abuser. This includes spouses, former spouses, individuals living as spouses (cohabiting or who have cohabited within the past five years), parents, foster parents, children, relatives by blood or marriage, and stepfamily members.

These definitions ensure protection extends to those with close personal relationships to the alleged abuser, not only romantic partners.

Civil Stalking Protection Order (CSPO)

A Civil Stalking Protection Order (CSPO) protects individuals from stalking behavior that threatens their safety or well-being. To obtain a CSPO, the petitioner must show that the alleged perpetrator engaged in menacing by stalking, a pattern of conduct that knowingly causes another person to fear physical harm or suffer mental distress.

A pattern of conduct means two or more actions closely related in time, and mental distress refers to a condition causing substantial suffering or one that would normally require treatment or counseling, whether or not it was sought. CSPOs allow individuals to take legal steps to prevent harassment and reclaim a sense of safety and control.

Civil Sexually Oriented Offense Protection Order (CSOOPO)

A Civil Sexually Oriented Offense Protection Order (CSOOPO) protects individuals from someone who has committed a sexually oriented offense, as defined under Ohio law. To obtain one, the petitioner must show by a preponderance of the evidence, meaning it is more likely than not that the offense occurred, that the respondent committed the act.

The petition must include details describing the nature and extent of the violation. CSOOPOs provide crucial legal protection, helping survivors restore safety and control after experiencing a sexually oriented offense.