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Preview - Ohio Order Of Protection Form
FORM
IN THE COURT OF COMMON PLEAS
COUNTY, OHIO
Order of Protection
Per R.C. 2903.214(F)(3), this Order is indexed at
LAW ENFORCEMENT AGENCY WHERE INDEXED
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CIVIL STALKING PROTECTION ORDER FULL HEARING (R.C. 2903.214)
CIVIL SEXUALLY ORIENTED OFFENSE PROTECTION ORDER FULL HEARING (R.C. 2903.214)
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PETITIONER: |
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PERSON(S) PROTECTED BY THIS ORDER: |
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Petitioner: |
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Petitioner’s Family or Household Member(s): |
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RESPONDENT:
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RESPONDENT IDENTIFIERS
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Address where Respondent can be found:
Distinguishing Features:
WARNING TO LAW ENFORCEMENT: RESPONDENT HAS FIREARMS ACCESS – PROCEED WITH CAUTION
(Violence Against Women Act, 18 U.S.C. 2265, Federal Full Faith & Credit Declaration: Registration of this Order is not required for enforcement.)
THE COURT HEREBY FINDS:
That it has jurisdiction over the parties and subject matter, and the Respondent was provided with reasonable notice and opportunity to be heard within the time required by Ohio law. Additional findings of this Order are set forth below.
THE COURT HEREBY ORDERS:
That the above named Respondent be restrained from committing acts of abuse or threats of abuse against the Petitioner and other protected persons named in this Order, as set forth below. Additional terms of this Order are set forth below.
The terms of this Order shall be effective until |
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(DATE CERTAIN – FIVE YEARS MAXIMUM). |
WARNING TO RESPONDENT: See the warning page attached to the front of this Order.
FORM
Amended: July 1, 2010
Discard all previous versions of this form
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[Page 2 of Form |
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Case No.__________________________ |
This proceeding came on for a hearing on |
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before the Court and the Civil Stalking |
Protection Order Ex Parte or Civil Sexually Oriented Offense Protection Order Ex Parte filed on all in accordance with R.C. 2903.214. The following individuals were present:
The Court hereby makes the following findings of fact:
The Court finds by a preponderance of the evidence that 1) the Respondent has knowingly engaged in a pattern of conduct that caused Petitioner to believe that the Respondent will cause physical harm or cause or has caused mental distress; and 2) the following orders are equitable, fair, and necessary to protect the persons named in this Order from stalking offenses.
The Court finds by a preponderance of the evidence that 1) the Petitioner or Petitioner’s family or household member(s) are in danger of or have been a victim of a sexually oriented offense as defined in R.C. 2950.01, committed by Respondent; and 2) the following orders are equitable, fair, and necessary to protect the persons named in this Order from sexually oriented offenses.
The Court finds by clear and convincing evidence that 1) the Petitioner or Petitioner’s family or household member reasonably believed the Respondent’s conduct before the filing of the Petition endangered the health, welfare, or safety of the Petitioner or Petitioner’s family or household member(s); 2) the Respondent presents a continuing danger to the Petitioner or Petitioner’s family or household member(s); and 3) the following orders are equitable, fair, and necessary to protect the person(s) named in this Order.
ALL OF THE PROVISIONS CHECKED BELOW APPLY TO THE RESPONDENT
1. RESPONDENT SHALL NOT ABUSE the protected persons named in this Order by harming, attempting to harm, threatening, following, stalking, harassing, forcing sexual relations upon them, or by committing sexually oriented offenses against them. [NCIC 01 and 02]
2. RESPONDENT SHALL NOT ENTER the residence, school, business, place of employment, day care centers, or child care providers of the protected persons named in this Order, including the buildings, grounds, and parking lots at those locations. Respondent may not violate this Order even with the permission of a protected person. [NCIC 03]
3. RESPONDENT SHALL NOT INTERFERE with protected persons' right to occupy the residence including, but not limited to canceling utilities, insurance, interrupting telephone service, mail delivery, or the delivery of any other documents or items.
4. RESPONDENT SHALL SURRENDER all keys and garage door openers to the following residence:
at the earliest possible opportunity after service of this Order to the law enforcement agency that serves Respondent with this Order or as follows:
5. RESPONDENT SHALL STAY AWAY from protected persons named in this Order, and shall not be present
within 500 feet or (distance) of any protected persons, wherever those protected persons may be found, or any place the Respondent knows or should know the protected persons are likely to be, even with protected persons' permission. If Respondent accidentally comes in contact with protected persons in any public or private place, Respondent must depart immediately. This Order includes encounters on public and private roads, highways, and thoroughfares. [NCIC 04]
FORM
Amended: July 1, 2010
Discard all previous versions of this form
[Page 3 of Form
Case No.__________________________
6. RESPONDENT SHALL NOT REMOVE, DAMAGE, HIDE, OR DISPOSE OF ANY PROPERTY OR PETS owned or possessed by the protected persons named in this Order.
7. RESPONDENT SHALL NOT INITIATE OR HAVE ANY CONTACT with the protected persons named in this Order at their residences, businesses, places of employment, schools, day care centers, or child care providers. Contact includes, but is not limited to, telephone, fax,
8. RESPONDENT SHALL NOT CAUSE OR ENCOURAGE ANY OTHER PERSON to do any act prohibited by this Order.
9. RESPONDENT SHALL NOT POSSESS, USE, CARRY, OR OBTAIN ANY DEADLY WEAPON. Respondent shall
turn over all deadly weapons in Respondent’s possession to the law enforcement agency that serves Respondent with this Order or as follows:
Any law enforcement agency is authorized to take possession of deadly weapons pursuant to this paragraph and hold them in protective custody until further Court order. [NCIC 07]
10. IT IS FURTHER ORDERED: [NCIC 08]
11. RESPONDENT IS ORDERED TO COMPLETE the following counseling program:
Respondent shall contact this program within seven days after receiving this Order and immediately arrange for an initial appointment. The counseling program is requested to provide the Court a written notice when Respondent attends the initial appointment, if the Respondent fails to attend or is discharged, and when Respondent completes the program. Respondent is required to sign all necessary waivers to allow the Court to receive information from the counseling program.
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Respondent is ordered to appear before Judge |
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or Magistrate |
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a.m. / p.m., to review Respondent’s compliance with this |
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Counseling Order. Respondent is warned: If you fail to attend the program you may be held in contempt of court. If you fail to appear at this hearing, the Court may issue a warrant for your arrest.
12. RESPONDENT SHALL NOT USE OR POSSESS alcohol or illegal drugs.
13. RESPONDENT SHALL BE SUBJECT TO ELECTRONIC MONITORING. Respondent is ordered to report to
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for the placement of a global positioning system for |
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of electronic monitoring for the duration of this Order or until |
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whichever expires first. The Court further imposes the following terms and conditions: |
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14.IT IS FURTHER ORDERED that the Clerk of Court shall cause a copy of the Petition and this Order to be delivered to the Respondent as required by law. The Clerk of Court shall also provide certified copies of the Petition and this Order to Petitioner upon request. This Order is granted without bond. Under federal and state law, the Clerk shall not charge any fees for filing, issuing, registering, or serving this Protection Order.
FORM
Amended: July 1, 2010
Discard all previous versions of this form
[Page 3 of Form
Case No.__________________________
15.ALL OF THE TERMS OF THIS ORDER REMAIN IN FULL FORCE AND EFFECT FOR A PERIOD OF FIVE YEARS FROM ISSUANCE, OR UNTIL
IT IS SO ORDERED. |
APPROVED and ADOPTED by: |
MAGISTRATE |
JUDGE |
NOTICE TO RESPONDENT: THE PERSONS PROTECTED BY THIS ORDER CANNOT GIVE YOU LEGAL PERMISSION TO CHANGE OR VIOLATE THIS ORDER. IF YOU VIOLATE ANY TERMS OF THIS ORDER, EVEN WITH THE PROTECTED PERSON’S PERMISSION, YOU MAY BE ARRESTED. ONLY THE COURT CAN CHANGE THIS ORDER. IF THERE IS ANY REASON WHY THIS ORDER SHOULD BE CHANGED, YOU MUST ASK THE COURT TO CHANGE IT. YOU ACT AT YOUR OWN RISK IF YOU DISREGARD THIS WARNING.
NOTICE OF FINAL APPEALABLE ORDER
Copies of the foregoing Order, which is a final appealable order, were mailed by ordinary U.S. mail or hand- delivered to the parties indicated on the following date:
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TO THE CLERK |
COPIES OF THIS ORDER SHALL BE DELIVERED TO: |
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Petitioner |
Attorney for Petitioner |
Respondent |
Attorney for Respondent |
Police Department Where Petitioner Resides: |
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Police Department Where Petitioner Works:
By:
CLERK OF COURT
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County Sheriff’s Office |
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Other: |
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WAIVER
I, ________________________, understand that I have the right to a full hearing on the Petition for Civil Stalking Protection
Order or Civil Sexually Oriented Offense Protection Order, and acknowledge each of the following:
1.I waive the right to have a full hearing on this Protection Order;
2.I waive the right to
3.I waive the right to present witnesses and evidence on my own behalf;
4.I waive the right to request specific factual findings from the Court concerning the issuance of this Protection Order.
I understand that based on the foregoing waivers a Protection Order will be entered against me.
RESPONDENT:DATE:
FORM
Amended: July 1, 2010
Discard all previous versions of this form
Document Properties
| Fact Name | Details |
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| Governing Law | This form is governed by Ohio Revised Code R.C. 2903.214, which pertains to Civil Stalking Protection Orders and Civil Sexually Oriented Offense Protection Orders. |
| Purpose of the Order | The order aims to protect individuals from stalking and sexually oriented offenses, providing legal means to prevent further harm. |
| Duration of the Order | The protection order can be effective for a maximum of five years, after which it may be renewed or modified as needed. |
| Filing Fees | Under both federal and state law, there are no fees for filing, issuing, registering, or serving this protection order. |
| Law Enforcement Notification | The order is indexed at a law enforcement agency, ensuring that officers are aware of the restrictions placed on the respondent. |
| Warning to Respondent | The respondent is warned that possession of firearms may escalate situations, and law enforcement should proceed with caution. |
| Contact Restrictions | The respondent is prohibited from initiating any contact with the protected persons, which includes various forms of communication. |
| Counseling Requirement | The court may order the respondent to complete a counseling program, with compliance monitored by the court. |
| Electronic Monitoring | In certain cases, the court may impose electronic monitoring to ensure compliance with the order's terms. |
Documents used along the form
The Ohio Order of Protection form is a crucial document used to seek legal protection from stalking or sexually oriented offenses. However, it is often accompanied by several other forms and documents that play important roles in the process of obtaining and enforcing such protection. Below is a list of documents commonly associated with the Ohio Order of Protection, each with a brief description of its purpose.
- Petition for Civil Stalking Protection Order: This document initiates the process by formally requesting the court to issue a protection order. It outlines the reasons for the request and provides details about the petitioner and the respondent.
- Ex Parte Order: This is a temporary order issued by the court before a full hearing takes place. It provides immediate protection to the petitioner and is often granted without the respondent being present.
- Notice of Hearing: This document informs the respondent of the scheduled court hearing regarding the protection order. It ensures that the respondent has the opportunity to appear and defend themselves.
- Affidavit: An affidavit is a written statement made under oath. In this context, it may be used to provide evidence or testimony supporting the petition for a protection order.
- Service of Process Form: This form is used to document that the respondent has been officially served with the protection order and any related documents. Proper service is essential for the order to be enforceable.
- Proof of Service: This document confirms that the respondent has received the necessary paperwork. It is typically filed with the court to demonstrate compliance with service requirements.
- Motion for Extension: If additional time is needed for the protection order, this motion requests the court to extend the order's duration. It must outline the reasons for the request.
- Counseling Order: This order may require the respondent to attend counseling sessions as part of the conditions set by the court. It aims to address underlying issues that may have led to the behavior prompting the protection order.
- Transfer-on-Death Deed form: This document allows property owners in Iowa to transfer their real estate assets to designated beneficiaries upon their death, bypassing the probate process. For more information, visit the Transfer-on-Death Deed form.
- Compliance Review Hearing Notice: This notice is sent to schedule a hearing to assess whether the respondent has complied with the terms of the protection order, including any counseling requirements.
- Final Judgment Entry: After a hearing, this document serves as the court's final decision regarding the protection order. It outlines the terms and conditions that will be enforced moving forward.
These documents collectively support the process of obtaining and enforcing an Ohio Order of Protection. Understanding each form's purpose is essential for both petitioners and respondents as they navigate the legal system. The goal is to ensure safety and address any harmful behaviors in a structured and legal manner.
Guidelines on Filling in Ohio Order Of Protection
After completing the Ohio Order of Protection form, it will be submitted to the appropriate court for review. The court will schedule a hearing to consider the petition and determine the necessary actions to ensure the safety of the petitioner and any protected persons.
- Obtain the Ohio Order of Protection form (FORM 10.03-F) from a local courthouse or online.
- Fill in the case number and judge's name at the top of the form.
- Identify the petitioner by entering their full name and date of birth.
- List any family or household members protected by the order, including their names and dates of birth.
- Provide the respondent's full name, date of birth, and identifiers such as sex, race, height, weight, eye color, hair color, and driver's license number.
- Enter the address where the respondent can be found and note any distinguishing features that may help identify them.
- Review the warning section regarding firearms access and note it if applicable.
- Indicate the specific orders requested against the respondent by checking the appropriate boxes. Ensure that all relevant provisions are included.
- Specify the duration of the order, not exceeding five years, by entering the end date.
- Sign and date the form to affirm the information provided is accurate.
- Submit the completed form to the court clerk for filing.
Common mistakes
Filling out the Ohio Order of Protection form can be a daunting task, and mistakes can lead to delays or complications in obtaining the necessary legal protections. One common mistake is failing to provide complete and accurate personal information. This includes not only the petitioner’s details but also those of the respondent. Incomplete information can hinder law enforcement's ability to enforce the order effectively. It is crucial to double-check names, addresses, and dates of birth to ensure that all entries are correct.
Another frequent error involves unclear descriptions of the incidents that led to the request for protection. Petitioners may provide vague or generalized statements instead of specific details about the behavior that prompted the need for an order. Clear and precise descriptions of incidents, including dates, times, and the nature of the threats or harassment, strengthen the case and help the court understand the urgency of the situation.
Additionally, individuals often overlook the importance of including all protected persons in the application. This may include family members or household members who are also at risk. Failing to list all individuals who need protection can weaken the order and leave some people vulnerable. It is essential to consider everyone who may be affected by the respondent's actions and ensure their names are included in the form.
Finally, many applicants neglect to follow the submission guidelines for the form. Each court may have specific requirements regarding how the form should be submitted, including the number of copies needed or whether it should be filed in person or electronically. Ignoring these procedural rules can result in delays or even rejection of the application. Understanding and adhering to the submission guidelines is vital for a successful filing.
FAQ
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What is an Ohio Order of Protection?
An Ohio Order of Protection is a legal document issued by a court to protect individuals from harassment, stalking, or sexually oriented offenses. It restricts the behavior of the person causing harm (the respondent) and aims to ensure the safety of the individual requesting protection (the petitioner) and any other specified individuals.
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Who can file for an Order of Protection?
Any individual who feels threatened or has been a victim of stalking or a sexually oriented offense can file for an Order of Protection. This includes not only the petitioner but also family or household members who may also be at risk. The law provides a mechanism for these individuals to seek protection from the court.
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What are the types of Orders of Protection available in Ohio?
Ohio recognizes two main types of Orders of Protection: the Civil Stalking Protection Order and the Civil Sexually Oriented Offense Protection Order. Each serves to address specific circumstances involving threats or acts of violence, stalking, or sexual offenses against the petitioner or their family members.
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What are the steps to obtain an Order of Protection?
The process typically begins with the petitioner filing a petition in the Court of Common Pleas. The court will then schedule a hearing, during which both parties can present evidence and arguments. If the court finds sufficient grounds for protection, it will issue an Order of Protection detailing the restrictions placed on the respondent.
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How long does an Order of Protection last?
An Order of Protection in Ohio can remain in effect for a maximum of five years, unless the court specifies a shorter duration. The order can be renewed or modified by requesting a hearing before the court, particularly if circumstances change or if the petitioner continues to feel threatened.
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What happens if the respondent violates the Order of Protection?
If the respondent violates any terms of the Order, they may face serious legal consequences, including arrest. The order is enforceable by law enforcement, and the petitioner is advised to report any violations immediately to ensure their safety and the enforcement of the order.
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Are there any fees associated with filing for an Order of Protection?
No, there are no fees for filing, issuing, registering, or serving an Order of Protection in Ohio. This provision ensures that individuals seeking protection can do so without financial barriers, making the legal process more accessible to those in need.