Civil Protection Order

Civil Stalking or Sexually Oriented Offense Protection Order (SSOOPO)

 
1. SSOOPO Form
2. Instructions for completing forms
3. Filing a SSOOPO petition
4. Ex parte hearing schedule
5. Filing costs
6. Additional Information and FAQs
 

CPO FAQs

What is a Civil Stalking/Sexually Oriented Offense Protection Order (CPO)?

A CPO is a court order directing an individual not to have contact with a person, or persons. An order can ONLY be issued for Menacing by Stalking or a Sexually Oriented Offense as defined below:

Menacing by Stalking

No person by engaging in a pattern of conduct shall knowingly cause another person to believe that the offender will cause physical harm to the other person or cause mental distress to the other person. [R.C. 2903.211(A)(1)]

No person, through the use of any electronic method of remotely transferring information, including, but not limited to, any computer, computer network, computer program, or computer system, shall post a message with the purpose to urge or incite another to commit a violation of division (A)(1) of this section. [R.C. 2903.211(A)(2)]

Sexually Oriented Offense

Sexually oriented offenses are defined in section 2950.01 of the Revised Code.

Is a Civil Protection Order the same as a Criminal Protection Order?

A Civil Protection Order is different from a Criminal Protection Order. A Civil Protection Order is not a criminal offense, however, an arrest and criminal charges can stem from violations of a Civil Protection Order. A Criminal Protection Order is typically issued by the Prosecutor’s Office in conjunction with a new/pending criminal charge.

Do I have to provide my address to file for a CPO?

Petitioners can ask that their current address be kept confidential. The Court must have an address in order to mail notices, but the Respondent and the public will not have access to this information.

What do I need to file?

Petitioners must bring their photo ID in order for CPO staff to notarize their petition.
Petitioners must also be able to provide an address for the Respondent. In some cases, CPO staff is able to locate a recent address, but this is not always guaranteed.

I live in Montgomery County, but the incident occurred in another county. Where do I file?
I live in another county, but the incident occurred in Montgomery County. Where do I file?

Regardless of where the incident occurred, the petition must be filed in the petitioner’s county of residence.

Do I need to hire an attorney?
Will the Court appoint an attorney?

Either party may hire an attorney; however, it is not required. The Court has designed this process so that a party can complete the process without having to undergo the expense of hiring an attorney.
The Court will not appoint an attorney for either party. There is no right to a court-appointed attorney in a civil proceeding. An exception may be made for a party deemed incompetent to represent themselves or a minor needing a Guardian Ad Litem.

Can I include my minor child or another adult on the order?

Yes. Minor children and other adults who reside with you may be included as protected parties in your petition.
If the offense is against the minor child, a parent or guardian may file on behalf of that minor.

What is the process for filing for a Civil Stalking/Sexually Oriented Offense Protection Order?

The petitioner appears in the CPO Office during filing hours. The petitioner completes the petition for a protection order. CPO staff will notarize the petition and file the petition electronically.

  1. Upon filing, the petitioner may speak with a magistrate immediately to request a temporary protection order. This order would go into effect immediately. Or, the petitioner may opt to waive the hearing for the temporary protection order.
  2. The case will be set for a Full Hearing as the Respondent must have the opportunity to present their case.
  3. Service must be completed upon the Respondent in order for the Full Hearing to proceed. The Respondent will be served with a copy of the petition and a notice of the Full Hearing.
  4. The magistrate will issue a decision approximately 2-4 weeks later. Both parties will be notified of the decision either through personal mail or personal service by the Sheriff’s department.

What happens at the Full Hearing? Should I bring witnesses or evidence?

The magistrate will listen to evidence from both sides, if the Respondent appears, including the testimony of witnesses before making a decision in CPO cases. The Court does not accept written statements; all witnesses must appear in person. Any documents, pictures, print-outs, etc can be presented in court to use as exhibits.

How long does a CPO last?

A CPO can be in effect for one to five years, as determined by the Court. The order may be terminated prior to the expiration date through the petitioner filing a motion with the Clerk’s Office. In most cases, the magistrate will set a hearing on the motion in order to gather more information before vacating an order.

What should I do if the Respondent violates the CPO?

If the Respondent violates the order, the petitioner should call their (petitioner’s) local police agency. If in immediate danger, call 911.

For more information, please call the CPO Office at 937-224-3609 or 937-225-4846.

 
     
 
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