Why Call Baker and Wick if You are in Need of a Civil Protection Order in Columbus, Ohio?
Civil Protection Orders in Columbus and the rest of the State of Ohio instruct a person not to contact or go within a certain distance of the victim. Although it is civil in nature, if the respondent violates a civil protection order, he or she can face significant criminal penalties, including jail time. Although orders of protection are meant to keep the abuser away, many abusers ignore the papers and may continue to harass a victim. In this case, the victim must be sure to keep local law enforcement apprised of the situation.
How to Obtain a Civil Protection Order
A civil protection order is initiated with the victim, known as the petitioner, filing a petition for an order against the perpetrator, known as the respondent, with the clerk of courts in the county where the victim resides. If there is what is known as “immediate and present danger,” the petitioner may seek an ex parte order, which is issued by the court in cases of emergency after the petitioner has spoken in a hearing without the respondent being present. The court will generally issue this order if there is a legitimate fear of immediate danger to either the victim or a member of their household. To obtain the order, the petitioner must also tell the judge that they currently fear and believe they or a member of their household will be harmed by the abuser if they are not ordered to stay away. Whether or not the ex parte order is granted, the court should then set a full hearing within ten days, giving both parties the opportunity to present more evidence for a long-term protection order.
What Can a Civil Protection Order Do?
A civil protection order can protect a victim from abuse or danger and can be tailored to a specific situation. Examples of what the order can do may include the following:
- Order the abuser to stop abusing the victim and others in the household;
- Grant possession of the household to the victim or a family member and allow them r to evict the abuser or order them off the premises;
- Award temporary custody and set forth custody orders of minor children involved, until the domestic court set further orders;
- Require the abuser to maintain support;
- Order the abuser to stay away from the victim’s home, workplace, school;
- Grant additional relief such as the abuser allowing the victim to use a vehicle they share, or other household or family property.
When to Hire an Attorney for a Civil Protection Order
If you are married and your spouse is physically abusing you and you need a civil protection order, or if your spouse has filed a civil protection order against you, you need a skilled attorney to help you. Domestic violence is a very serious matter, as are false accusations of it. In Columbus and other areas in the State of Ohio, it’s important to hire an attorney to help you either obtain a protective order or to protect you from untrue allegations.
The Attorneys at Baker and Wick will look out for your best interests and fight for your rights. If you need legal assistance involving a civil protection order, contact Baker and Wick today.