Domestic Violence, What Do You Need to Know?
Domestic Violence is a terrible and all too present reality that has only been exacerbated in the time of COVID. With current social distancing measures in place, the victims can’t escape and the abusers have no other outlet.
Though certainly not a complete description, this post hopefully can provide some basic information to those needing information about what domestic violence is and how they can get started in obtaining a domestic violence protection order.
A Domestic Violence Protection Order; What is it and How do I get it?
Domestic violence is when a family or household member uses physical violence, threats, intimidation, and/or emotional, sexual, and economic abuse to maintain power and control over the other person, usually within an intimate relationship. Domestic violence is most often a combination of psychological and physical actions. It is a pattern of conduct in which one intimate partner uses force or threats of force to control the other person.
Ohio law has determined that some forms of abuse do not rise to the level of violence to grant a protection order. Psychological battering, economic abuse, or verbal harassment without evidence of threats or physical harm are not recognized by Ohio law as domestic violence that allows a victim to obtain a protection order or request that criminal charges be filed.
When a family or household member tries to cause a victim bodily harm by hitting, pushing, beating, or physically hurting, that is domestic violence. When a family or household member makes a victim afraid that they will be harmed, that is domestic violence. When a family or household member stalks, commits sexually oriented offenses, or forces sexual relations, that is domestic violence. When a family or household member abuses your children, that is domestic violence.
In a civil domestic violence case, a Petition for Domestic Violence Civil Protection Order (“CPO”) is the document a domestic violence victim, the victim’s parent, or an adult household member of the victim must file with the domestic relations court to obtain a civil protection order against an alleged offender. No fees can be charged by the Court for this.
What is a Domestic Violence 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. A CPO can provide benefits such as child custody and support orders.
Violating a CPO is a crime. If the perpetrator violates the CPO, they may be arrested, jailed, and fined for disobeying the CPO. A CPO can remain in effect for up to 5 years. If the abuser violates the CPO, a victim can call the police, go back to the domestic relations court to file a contempt charge, and go to the prosecutor's office to have the abuser charged with the crime of violating the CPO.
Who can get a Domestic Violence Civil Protection Order?
You can apply for a CPO if
you are related to the Respondent by blood or marriage AND have lived with Respondent at any time; OR
you are living with or have lived with the Respondent during the past five years; OR you used to be married to the Respondent; OR
you have a child with the Respondent, whether or not you ever married or lived together.
You can also get a CPO for any member of your household.
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
you have an intimate relationship with the Respondent.
Remember that a CPO has limits. If you suspect that the abuser will not obey the terms of a CPO, contact your local domestic violence program or the Ohio Domestic Violence Network at 800-934-9840
You can find information about Domestic Violence Civil Protection Orders in R.C. 3113.31 and information about Domestic Violence Temporary Protection Orders in R.C. 2919.26.
PLEASE NOTE: Computer use can be monitored. It is impossible to completely clear all website footprints. If you are in danger, please use a safer computer that your abuser cannot access directly or remotely. For example, computers at a public library, internet café, domestic violence shelter, or community technology center, may be safer computers.
https://www.thehotline.org/help/tech-social-media-safety/
There are many resources available to help you and your loved ones who may be victims of abuse. Here are some listed below.
National Domestic Violence Hotline 512-453-8117 https://www.thehotline.org/help/
Ohio Domestic Violence Network www.odvn.org
Ohio State Legal Services Association’s DV Resource Center www.ohiodvresources.org
National Resource Center on Domestic Violence www.nrcdv.org
Supreme Court of Ohio – Domestic Violence Program www.supremecourt.ohio.gov/domviol
Please know that there are attorneys out there who can help you. Reach out to NP Weiss Law at 216-417-5111 or nick@npweisslaw.com for a consultation.
