Click Here to Find a Lawyer or Attorney


You do not need a lawyer  or an attorney to file for an Order for Protection. However, you may wish to have a lawyer or an attorney, especially if your abuser has a lawyer or an attorney. If you can, contact a lawyer or an attorney to make sure that your legal rights are protected.

 

Protection Order- Ohio

The law says that just about anything an abuser does to hurt or threaten to hurt you or your children is illegal and must be stopped. This includes everything from hitting, slapping, or kicking you to coming at you with a weapon or threatening to hurt or kill you or your children. The law specifically defines domestic violence as one of three things:

  1. Physical abuse;
  2. Threats that put you in fear of immediate and serious harm (this means that you were fearful that the harm would occur right now-- not tonight, tomorrow, or next week);
  3. Any act with respect to a child that would result in that child being abused.


Domestic violence is not a means of obtaining temporary custody unless there is some actual violence or threat of immediate violence to you or the children. A threat to 'take the kids,' name-calling, arguing that involves no violence or threat of violence are not sufficient grounds for temporary custody due to domestic violence. Furthermore, domestic violence is not a means of obtaining a quick and cheap divorce.


You don't have to be married to the abuser to obtain legal protection. The law applies to any household or family member. Household or family member is defined as: a spouse, an ex-spouse, a parent or child, a step-parent or step-child, other persons related to the abuser who reside in the home or have resided in the home with the abuser in the last 5 years including: boyfriends, girlfriends, or their children who are living together in the last 5 years, and those who have children in common even when they have never lived together or paternity has not been established. In Ohio, the law also protects same-sex partners. Danger often increases once a marriage or relationship ends. This is often the time when legal protection is most needed for your safety. You have basically two legal options when domestic violence has occurred: criminal charges and/or civil remedies. The Criminal Option Potential benefits of criminal charges include: a temporary protection order mandating that the abuser stay away from you and your children throughout the criminal proceedings, possible fine and/or jail time for the abuser, court-ordered treatment/counseling for the abuser, and possible probation for the abuser.
If you choose to file a criminal charge, you will need to contact the prosecutor's office in your county--a local domestic violence hotline can give you this number. You do not need an attorney to file criminal charges. A criminal charge is the STATE-vs.....-the abuser, not you-vs.-the abuser, but you will be the key witness for the state. This means that the state is holding the abuser accountable for the violence.


Once you file a criminal charge and the prosecutor accepts it, the case belongs to the state. Therefore, only the state can make the decision to drop the case at any point. Even if you later want to drop the criminal charge, the state may not allow you to do this because it is the state's case and the state's decision.


Prosecutors' offices around the state vary greatly: some have 'no-drop policies,' and some will drop charges at the victim's request. A trained advocate in your area should know the philosophy of your prosecutor and may be available to help you through this process and to provide moral support. Contact your local domestic violence hotline for assistance.


Procedures in a criminal case may be very slow as prosecutors and police officers gather evidence for the case. An advocate can offer invaluable support at this time.


Remember that the criminal protection order lasts only until the case is resolved. This means that you could lose your protection and not know it (if the case is settled in a plea bargain, for example). Your advocate can be a valuable resource and may be able to keep you informed about the case. Still, to ensure your protection, it is often wise to consider civil action as well.


The Civil Option


If you choose to pursue civil action as a victim of domestic violence, you can receive a protection order mandating the abuser to stay away from you and your children for up to five years. Through this protection order (if granted), you may receive: use of the residence (the abuser may be evicted even if the home is in the abuser's name), temporary custody of the child(ren) with visitation arrangements, court-ordered treatment or counseling for the abuser, alimony/child support, division of household items, and/or use of a car.


Unlike criminal charges, you may dismiss a civil petition at any time for personal reasons. A domestic violence advocate may be available to help you understand your local civil court and offer moral support. No matter what you choose to do, remember that a protection order obtained either through criminal or civil court is a piece of paper. It does give you back some control because the abuser may go to jail if the protection order is violated. Keep in mind, though, that some abusers feel challenged by such an order. You know better than anyone how your abuser will react to legal action. If you think it will put you in more danger, you may choose not to pursue legal action. Either way, remember to talk with a domestic violence advocate about devising a safety plan for you and your children.


Many victims feel that the safest thing for them to do is to pursue both criminal and civil action. It is a good idea to consider the civil protection order regardless of whether or not you have a criminal protection order because the civil protection order lasts longer and offers more relief.


The United States Constitution provides what is called 'Full Faith and Credit,' which means that once you have a criminal or a civil protection order, it follows you wherever you go--even if you cross county or state lines. If you do travel, it is a good idea to contact the local police where you are staying to inform them that you have a protection order and that you may need them to enforce it. This may make the police more responsive should you need their assistance.


The services of a legal domestic violence advocate can be invaluable whether or not you choose to pursue legal action. The legal advocate can walk you through the processes involved, go to court with you, provide additional resources to you, and explain in detail your options and the philosophies of the courts in your area.


For example, although the remedies available are the same in every county in the state, some counties will always make an abuser spend time in jail on a criminal charge, while some counties will always award probation. Similarly, in civil cases, some courts tend to issue five-year protection orders, and some courts issue only six-month protection orders. Your advocate can tell you what your local courts do, and this can help you plan future action to stay safe.


Studies have shown that obtaining a protection order may bolster a victim's self-esteem and feelings of security. A 1994 study found that nearly 75% of victim's had increased feelings of well-being soon after an order was issued. Thousands and thousands of women have used the law to help increase their safety. You can too.

 

Ohio Domestic Violence Stats Sheet

2005 Ohio -Domestic Violence Stats
Total calls:

72,929

Arrests under ORC §2919.25:

32,578

Arrests under other sections:

4,559

Calls where no charges filed:

35,792

Total Arrests:

37,137

Fatalities:

157

 

Over 20,000 Protection Orders were issued in Ohio in 2005!

If your are in an emergency situation call 911. If you do not find your county or city listed below please contact ODVN at 800-934-9840 during the hours of 9:00 am to 5:00 pm for a referral to an agency that can best serve you. If you need to contact an advocate immediately and not during our regular business hours call the National Domestic Violence Hotline , 24-hours a day, at 800-799-7233.

County, Program, City, Phone Number, and 24-Hour Option Heading
Adams Reach Out, Inc. Manchester 800-448-2273 Yes
Allen Crossroads Crisis Center Lima 877-228-4357 Yes
Ashland Domestic Violence Shelter, Inc. Mansfield 800-931-7233 Yes
Ashland Rape Crisis Domestic Violence Safe Haven Ashland 419-289-8085 Yes
Ashtabula Homesafe Ashtabula 800-952-2873 Yes
Athens My Sister's Place Athens 800-443-3402 Yes
Auglaize Auglaize County Crisis Center Wapakoneta 419-738-5511 Yes
Belmont Tri-County Help Center St. Clairsville 800-695-1639 Yes
Brown YWCA House of Peace Batavia 800-540-4764 Yes
Butler Citizens Against Domestic Violence Middletown 513-423-0044 No
Butler Dove House Hamilton 800-618-6523 Yes
Carroll Harbor House, Inc. New Philadelphia 888-214-3927 Yes
Carroll Carita's House Carrollton 330-627-5765 Yes
Champaign Project Woman Springfield 800-634-9893 Yes
Champaign New Directions of CCI Urbana 937-653-3910 No
Clark Project Woman Springfield 800-634-9893 Yes
Clermont YWCA House of Peace Batavia 800-540-4764 Yes
Clinton Highland/Clinton DV Program Hillsboro 800-339-5066 Yes
Clinton YWCA House of Peace Batavia 800-540-4764 Yes
Columbiana Christina House Lisbon 330-420-0036 Yes
Coshocton First Step Coshocton 740-622-9533 Yes
Crawford Turning Point Marion 800-232-6505 Yes
Cuyahoga Domestic Violence Center Cleveland 216-391-4357 Yes
Cuyahoga East Side Catholic Shelter Cleveland 216-641-8989 Yes
Cuyahoga Jewish Family Services Assoc. Cleveland 216-691-7233 Yes
Cuyahoga West Side Catholic Center Cleveland 216-631-4141 Yes
Defiance Center for Child & Family Advocacy Napoleon 800-782-8555 Yes
Defiance Women & Family Services Defiance 800-782-4906 Yes
Delaware CHOICES Columbus 614-224-4663 Yes
Delaware Turning Point Marion 800-232-6505 Yes
Erie Safe Harbour DV Shelter Sandusky 800-953-2207 Yes
Fairfield The Lighthouse Lancaster 740-687-4423 Yes
Fayette My Sister's House Washington Court House 740-572-2919 Yes
Fayette Project Woman Springfield 800-634-9893 Yes
Franklin CHOICES Columbus 614-224-4663 Yes
Fulton Center for Child & Family Advocacy Napoleon 800-782-8555 Yes
Fulton Women & Family Services Defiance 800-782-4906 Yes
Gallia Serenity House, Inc. Gallipolis 800-942-9577 Yes
Geauga WomenSafe Chardon 888-285-5665 Yes
Greene Family Violence Prevention Center of Greene County Xenia 937-372-4552 Yes
Guernsey Haven of Hope Cambridge 800-304-4673 Yes
Hamilton YWCA Shelter Services Cincinnati 888-872-9259 Yes
Hamilton Rape Crisis & Abuse Shelter Cincinnati 888-872-9259 Yes
Hancock Open Arms DV & Rape Crisis Services Findlay 419-422-4766 Yes
Hardin Crossroads Crisis Center Lima 877-228-4357 Yes
Harrison Tri-County Help Center St. Clairsville 800-695-1639 Yes
Henry Center for Child & Family Advocacy Napoleon 800-782-8555 Yes
Henry Women & Family Services Defiance 800-782-4906 Yes
Highland Highland/Clinton Domestic Violence Program Hillsboro 800-339-5066 Yes
Hocking My Sister's Place Athens 800-443-3402 Yes
Holmes Every Woman's House Wooster 800-686-1122 Yes
Huron Huron County Victim Assistance Program Norwalk 419-663-3839 No
Huron Domestic Violence Shelter, Inc. Mansfield 800-931-7233 Yes
Huron Safe Harbour Domestic Violence Shelter Sandusky 800-953-2207 Yes
Jackson Serenity House Gallipolis 800-942-9577 Yes
Jefferson A.L.I.V.E., Inc. Steubenville 888-611-7233 Yes
Knox New Directions Mt. Vernon 740-397-4357 Yes
Lake Forbes House Painesville 440-357-1018 Yes
Lawrence Lawrence County Helping Hands Task Force Ironton 888-372-7433 Yes
Licking Center for New Beginnings Newark 800-686-2760 Yes
Logan Project Woman Springfield 800-634-9893 Yes
Logan New Directions of CCI Bellefontaine 937-593-5777 No
Lorain Genesis House Elyria 866-213-1188 Yes
Lucas Family & Child Abuse Prevention Center Toledo 419-244-3053 No
Lucas YWCA Battered Women's Shelter Toledo 888-341-7386 Yes
Madison A Friend's House London 800-301-1447 Yes
Madison CHOICES Columbus 614-224-4663 Yes
Madison Project Woman Springfield 800-634-9893 Yes
Mahoning Sojourner House Youngstown 330-747-4040 Yes
Marion Turning Point Marion 800-232-6505 Yes
Medina Battered Women's Shelter Akron 888-395-4357 Yes
Meigs Serenity House, Inc. Gallipolis 800-942-9577 Yes
Mercer Family Crisis Network Celina 419-586-1133 Yes
Miami The Family Abuse Shelter of Miami Co., Inc. Troy 800-351-7347 Yes
Monroe Tri-County Help Center St. Clairsville 800-695-1639 Yes
Montgomery Artemis Center Dayton 937-222-7233 Yes
Montgomery YWCA Shelter & Housing Dayton 937-222-7233 Yes
Morgan Transitions Zanesville 740-454-3213 Yes
Morrow Turning Point Marion 800-232-6505 Yes
Muskingum Transitions Zanesville 740-454-3213 Yes
Noble Haven of Hope Cambridge 800-304-4673 Yes
Noble Eve, Inc. Marietta 800-974-3111 Yes
Noble The Noble Family Violence Council/Six County Caldwell 800-344-5818 Yes
Ottawa Safe Harbor Domestic Violence Shelter Sandusky 800-953-2207 Yes
Ottawa Family & Child Abuse Prevention Center Port Clinton 419-734-3266 No
Paulding Center for Child & Family Advocacy Napoleon 800-782-8555 Yes
Paulding Women & Family Services Defiance 800-782-4906 Yes
Perry Transitions Zanesville 740-454-3213 Yes
Pickaway Haven House of Pickway County Circleville 740-477-9113 Yes
Pike Pike County Partnership Against DV Waverly 740-947-1611 Yes
Portage Safer Futures Kent 330-673-2500 Yes
Preble Preble County DV Shelter Services Eaton 937-456-6891 Yes
Putnam Crime Victim Services Ottawa 877-274-7471 Yes
Richland Domestic Violence Shelter, Inc Mansfield 800-931-7233 Yes
Ross Ross County Coalition/Phoenix House Chillicothe 866-828-2273 Yes
Scioto Southern Ohio Shelter Portsmouth 800-570-1819 Yes
Shelby New Choices Sidney 937-498-7261 Yes
Stark Alliance Area Domestic Violence Shelter Alliance 330-823-7223 Yes
Stark Domestic Violence Project, Inc. Canton 330-453-7233 Yes
Summit Battered Woman's Shelter Akron 888-395-4357 Yes
Trumbull Someplace Safe Warren 330-393-1565 Yes
Tuscarawas Harbor House, Inc. New Philadelphia 888-214-3927 Yes
Union CHOICES Columbus 614-224-4663 Yes
Union Turning Point Marion 800-232-6505 Yes
Van Wert Crisis Care Line Van Wert 419-238-4357 Yes
Vinton My Sister's Place Athens 800-443-3402 Yes
Vinton A Shepherd's House McArthur 866-596-9271 Yes
Warren Abuse & Rape Crisis Shelter of Warren County Lebanon 888-860-4084 Yes  
Washington Eve, Inc. Marietta 800-974-3111 Yes
Wayne Every Woman's House Wooster 800-686-1122 Yes
Williams Center for Child & Family Advocacy Napoleon 800-782-8555 Yes
Williams Sarah's House Bryan 419-636-7272 Yes
Williams Women & Family Services Defiance 800-782-4906 Yes
Wood Cocoon Shelter Bowling Green 800-472-9411 Yes
Wood Family & Child Abuse Prevention Center Toledo 419-244-3053 Yes
Wood RURAL Opportunities (Resources in Spanish) Bowling Green 419-354-3548 No
Wood VITAL Perrysburg 800-472-9411 Yes
Wyandot Turning Point Marion 800-232-6505 Yes
   

 

The information on this website is for informational purposes only and does not constitute legal advice.  

For more information about protection orders for the state of Ohio, check out  http://www.womenslaw.org/OH/OH_how_to.htm  for more information.   The information above was gathered from http://www.odvn.org.

   

Click Here to Find a Lawyer or Attorney


You do not need a lawyer to file for a Protection Order in the state of Ohio. However, you may wish to have a lawyer or an attorney, especially if your abuser has a lawyer or an attorney. If you can, contact a lawyer or an attorney to make sure that your legal rights are protected.

Lawyers from the state of Ohio.