About
The Case Management Department provides an array of direct services to the court and general public. The following services are provided by this department:
- Civil Stalking Protection Order Section – assists residents of Montgomery County in filing for a protection order.
- Court Evidence Room Section – retains civil and criminal case evidence in accordance with Court policies.
- Interpreter Services Section – provides interpreters for non-English-speaking individuals and sign language interpreters for the hearing impaired, as mandated by the Ohio revised Code §2311.14.
- Jury Services Section – manages all civil and criminal jury issues in compliance with jury management standards and Court policies.
- Magistrate and Mediation Sections – expedites case resolution and maintains an efficient case management schedule in civil cases.
- Docket Support Section – maintains schedule of judge’s criminal dockets to ensure cases proceed in an expeditious manner and in compliance with case management standards.
- Appointed Counsel Section – maintains the court’s list of attorneys to be appointed to defend indigent criminal defendants.
Candace Anderson
Director of Case Management
Phone: (937) 496-3094
Reach a representative of Case Management by filling out the web form below:
Civil Stalking and Sexually Oriented Offense Protection Order (SSOOPO) Program
The Civil Stalking and Sexually Oriented Offense Protection Order Office began in 2001. Since that time, over 15,000 petitions for protection orders have been filed. In 2023, the Court assisted 1,297 petitioners seeking a protection order and 1,213 petitions for protection orders were filed.
Many parties seeking protection orders present to the office with challenging and demanding circumstances. The Stalking Staff interviews petitioners to determine if they are in the appropriate jurisdiction, assist in completing the necessary paperwork to file with the Court, and, if needed, refer parties to outside agencies for additional help.
The goal of the Stalking Office is to ensure that each party, regardless of whether he or she is the petitioner or respondent, feels heard and respected. The office staff accomplishes this by taking a people-oriented approach.
Additional Resources
Filing Hours and Instructions
- Petitions can be filed Monday through Friday from 8:30 a.m. to 11:00 p.m. and from 1:00 p.m. to 2:30 p.m.
- Bring your completed SSOOPO forms to Room 103 of the Montgomery County Courts Building
Additional Information to know about Civil Stalking Protection Orders:
- Minor children who reside with you may be listed as protected parties in your petition.
- Providing the address, social security number, and birth date of the respondent will assist the Sheriff in serving the notice.
- If granted, a stalking order can be in effect for up to five years. The order may be terminated by returning to court and requesting a dismissal.
- The respondent will be notified by personal service from the Sheriff’s Office of the order against him/her.
- If the respondent violates the order, please call the City of Dayton Police at 333-2677 or the Montgomery County Sheriff’s Office at 225-4357. If you reside outside of Dayton, you should contact your local police agency.
Protection Order ID Cards
Card Example:
Hearing Schedule
Ex parte (emergency) hearings are held Monday through Friday at 2:30 p.m. each day
This schedule may vary based on Magistrate availability
Filing Costs
The petitioner is not required to pay fees in connection with filing, issuance, registration, or service of a Civil Stalking or Sexually Oriented Offense Protection Order. The respondent may be required to pay court costs in an amount to be determined by the Montgomery County Clerk of Courts.
FAQ
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 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?
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?
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.
Will the Court appoint 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 in order to complete the screening process and a petition. The petitioner may also appear during filing hours to submit a completed petition.
- CPO Staff will review the petition for completeness and file the petition electronically.
- Upon filing, the petitioner may request to speak with a magistrate regarding a Temporary Protection Order (TPO). The hearing for the TPO may happen the same day as filing or the next business day. The TPO may be granted or denied. The petitioner may opt to waive the hearing for the TPO. Regardless of the outcome of the hearing (granted, denied or waived) the case will be set for a Full Hearing, as the Respondent must have the opportunity to present their case.
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. Any evidence located on a cellphone must be printed or submitted through an alternative format.
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.
Can I bring my cell phone into court?
Montgomery County Common Pleas Court utilizes Yondr cell phone bags. A party may bring a cell phone into the Courthouse, but the phone will not stay on their person during docket. A party’s phone will either be left in the hallway if someone accompanied them or the phone will be placed in a locked Yondr bag. The bag will be unlocked and the cell phone will be returned at the conclusion of their hearing.
This is for the safety of all parties and the safety of Court staff.
Can I bring my children?
Arrangements should be made for childcare prior to coming to court. There are no childcare facilities in the courthouse and children may not be left unattended.
Petition Requirements
To file a petition you must:
- Be a resident of Montgomery County;
- not be a blood relative to the respondent (the person the Order is to be against);
- do not currently live with the respondent or have lived with the respondent in the past five years;
- have never been married to the respondent;
- not have children with the respondent;
- have been a victim of :
(a) 2 or more incidents in which the respondent caused you to believe that you are in danger -OR-
(b) 1 sexually oriented offense
Reach the Civil Stalking Protection Order Staff by calling:
- 937. 224.3609
- 937. 225.4846
or by filling out the web form below:
Evidence Room
The Montgomery County Common Pleas Court’s Evidence Room is a secured area used to store seized property, stolen property, and evidence used during court proceedings. It is located in the Lower Level of the Montgomery County Courts Building. In 2023, the Evidence Room took in various items admitted into evidence on over 900 criminal and civil cases. Examples of items stored in the Evidence Room include civil documents, such as employment contracts and property lease agreements, along with criminal case materials like firearms and narcotics.
Items are maintained in the Evidence Room pursuant to the Court Order & Entry dated August 05, 2015, unless returned to a party to the case. Please see the FAQ section for information regarding the release of evidence/property.
FAQ
How do I retrieve evidence?
In order to retrieve evidence that has been admitted during a felony court proceeding, a party must file a motion and proposed order requesting the release of the evidence. The motion must be specific as to the evidence being requested, whether the request is to have the original evidence released or a copy of the evidence, and the name of the person who will be retrieving the evidence.
If the motion is granted, the party will need to contact the evidence room staff directly to schedule a time to receive the evidence.
Can I review evidence that has been admitted on a felony case?
Any request to review evidence can be submitted directly to the evidence room staff.
A reviewer cannot remove evidence or make copies of evidence without a court order.
How do I contact the evidence room?
The evidence room may be contacted via email at evidenceroom@montcourt.oh.gov.
Evidence pickup/review must be scheduled in advance.
Interpreter Services
The Case Management Department Docket Support section provides the court with interpreters for non-English-speaking individuals and sign language interpreters for the hearing impaired, as mandated by the Ohio Revised Code 2311.14.
Guidelines for determining the need for interpreters
An interpreter is needed when if upon examination by the court, counsel, or court personnel there is a party, witness, victim, or jury member who is unable to speak English, so as to be understood directly by counsel, court and the jury, or if a party is unable to understand, speak or hear English sufficiently to comprehend the proceedings and to assist counsel with handling of the case, or in service as a juror. Upon this determination, the requesting department should then contact the Language Access Coordinator.
Additional Resources
Click on the button below to view the court’s 2024 Language Access Plan.
Click on the link below to view a training video regarding the State’s language access plan that will help you understand Rule 88 for Judges & Court Personnel.
Mediation
The Court’s Mediation Program was established to assist the judges and citizens with resolving legal disputes in a manner that is more economical and amicable than a trial. In 2023, over 450 civil cases were referred to mediation. 70% of the cases that participated in a mediation conference were settled. A successful mediation may save a party thousands of dollars in legal fees and court costs.
Parties are permitted to choose from a list of court-approved mediators. This list, along with the biography of each mediator, is available below.
The Judges of Montgomery County Common Pleas Court want this process to be user-friendly to attorneys, their clients, and the mediators. The goal is for the best outcome for all parties involved.
FAQ
How do I send my case to mediation?
To be eligible for a mediation through the Common Pleas Court parties must have an active case with this court. The judge assigned to the case must refer the case to mediation. If parties wish to send their case to mediation, they should contact the bailiff of the assigned judge.
How much does it cost to go through mediation?
This is different from a private mediation which carries a cost that varies from mediator-to-mediator.
What if I do not have a case with the Court? Can I go through mediation?
People who do not have an active case with the Court are not eligible for mediation with this court. Parties to a dispute are encouraged to contact the Dayton Mediation Center at http://daytonmediationcenter.org/ or 937-333-2345.
Who are the mediators for the Court?
A full list of mediators along with their professional biography can be found here.
What happens at mediation?
During a mediation, the mediator will meet separately with each party to get an understanding of that person’s view of the issues. The mediator will use his or her expertise to determine a reasonable compromise and act as a liaison between the parties to help reach a compromise. The mediation ends when all parties agree to the compromise or all parties agree a compromise will not be reached.
What happens after mediation?
If a settlement was reached at mediation, the case is conditionally dismissed based on the agreement reached at mediation. The parties are responsible for fulfilling the agreement. Jurisdiction to enforce the agreement stays with the Court.
If a settlement was not reach at mediation, the case is returned to the assigned judge to proceed with trial.
Mediator Bios
Contact Information
Phone: 937-225-6000
Montgomery County Courts Building
41 N Perry St
Dayton, OH 45422
Reibold Building
14 W 4th St
Dayton, OH 45402
