AboutInvestigative ServicesCivil Stalking Protection OrderEvidenceInterpreter ServicesJury ServicesMediationPretrial Services
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:
- Investigative Services Section – provides valuable information to judges to assist the judge in determining the appropriate case resolution which may include community supervision or sentencing to a state institution.
- 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.
- Pretrial Screening and Supervision Sections – interviews defendants for bond recommendations; monitors defendants placed on bond supervision while awaiting final disposition of their case.
- 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.
Mary Kay Stirling
Director of Case Management
Phone: (937) 225-4425
Reach a representative of Case Management by filling out the web form below:
Investigative Services
The Investigative Services Section is responsible for completing Presentence Investigation (PSI) and Intervention in Lieu of Conviction (ILC) eligibility reports for the court. The reports provide the court with a thorough background on the defendant to assist the judge in determining the appropriate case resolution which may include community supervision or sentencing to a state institution.
Investigative probation officers interview the defendant and gather a detailed social history including family background, prior education and employment, a summary of their medical conditions, any substance abuse or mental health conditions, a detailed criminal history, and a summary of the instant offense. Investigative probation officers complete an Ohio Risk Assessment System (ORAS) assessment on the defendant; contact the attorneys involved in the case; contact victims to complete a victim impact statement; determine restitution if necessary; and coordinate referrals to the appropriate social service providers, including local mental health and substance abuse agencies. Once all of this information is gathered, an investigative probation officer completes the requested report with a recommendation to the court regarding the most effective level of supervision for the defendant, if supervision is appropriate. Otherwise, investigative probation officers may recommend a period of incarceration in the Ohio Department of Rehabilitation and Corrections.
In addition to PSI and ILC reports, the Investigative Services Section is responsible for competing Judicial Release reports on defendants who have filed a motion to be released from prison early and placed back onto community supervision with the Probation Services Department. The majority of these motions are answered via a short Judicial Release report; however, a more detailed report will be completed when the court requests more information. Finally, the Investigative Services Section also completes reports in response to all requests for Transitional Control. Transitional Control allows the defendant to complete the last six months of a prison sentence in an appropriate facility while the defendant is supervised by the Adult Parole Authority.
The Investigative Services Section is part of the court’s Case Management Department and is located on the 8th floor of the Reibold Building located at 14 W. Fourth Street in Dayton.
Frequently Asked Questions
Where should I park?
There is a parking garage attached to the Reibold Building, which accepts credit card payments for hourly rate parking. There are also parking meters on Fourth Street, Pretzinger Street, and Fifth Street.
How close is the office to a Dayton Regional Transit Authority (RTA) hub?
The Dayton RTA has a transit center two blocks away from the Reibold Building:
Wright Stop Plaza Transit Center
4 S. Main Street (Downtown Dayton) 5:00 am to 11:00 pm
Phone 937.425.8334
Routes: 1, 2, 3, 4, 5, 7, 8, 9, 11, 12, 14, 16, 17, 18, 19, 22, X-5, 65
What can I expect?
If you have pled guilty or no contest to an offense, or if you were found guilty by a jury or the court, the judge may request a Presentence Investigation (PSI) Report. This report provides details to the judge about your offense, criminal history, family life, education and employment history, physical and mental health, and substance abuse issues. You will meet with an investigative probation officer in the investigative section to provide information so that the presentence investigation report can be prepared for the judge. The investigative probation officer will conduct an interview with you, and you will provide verification items (such as verification of your residence, prescriptions, employment). The investigative probation officer may require you to report back to the office for follow up interviews, to conduct urinalysis drug testing, or simply to check in, depending on the conditions of your bond.
Many offenders are also referred to this office to determine eligibility for Intervention in Lieu of Conviction (ILC). Your attorney will provide legal advice to determine if you are to be considered for ILC. The ILC investigation is very similar to the Presentence Investigation process.
How long should I expect to be at my first appointment with the investigating officer?
The average PSI or ILC interview takes about 40 minutes. However, the interview could take much longer depending on the nature of your criminal case(s) and the complexity of your personal background information.
May I bring children to the interview?
The investigative section of the Case Management Department receives a wide array of visitors each day. We strongly encourage you not to bring children to your interview for several reasons. It is difficult to conduct a lengthy and in-depth interview in the presence of children. We are not well equipped to monitor and entertain children while you are being interviewed or drug tested. Finally, the officers often deal with contraband and arrests, and we do not feel that this creates a good environment for children.
May I bring a family member or friend to my interview?
Yes, you may bring a support person to your appointment; however, they will not be permitted to sit in during the actual interview. The investigative probation officer may decide to meet with your support person to gather additional information which may be added to your report.
Will I go through any security before entering the investigations office?
Yes, you (and anyone you bring with you) will go through a magnetometer, and your belongings will be searched before you are permitted to enter the investigative section. If any contraband is found, it will be seized and you may be taken into custody.
Please also be aware that you may be required to remove your hat, scarves, coats, and shoes while going through security. Men are not to wear hats within the investigative section.
What are some things the probation officer can do to assist me?
The investigative probation officer can assist you in a variety of ways. If you have any issues or concerns, specifically any issues that present a threat to yourself or your loved ones, please share that information with your investigative probation officer. We may not always be able to provide an immediate solution, but we can often help get a solution in motion. We can assist with substance abuse and mental health treatment referrals, housing referrals, emergency food and clothing needs, and any other social services needs you may encounter. If we do not know the solution, we can figure out who to call for help.
How do I reach the office if I need to reschedule due to an emergency?
Please call 937-225-5868 if you need to speak with an investigative probation officer. The office is open Monday through Friday, 8:30 a.m. to noon and 1:00 p.m. to 4:30 p.m. This number is the main office line and will either be answered by the receptionist, who will connect you accordingly, or you will be able to leave a voicemail and your call will be returned.
What should I bring to the initial appointment?
Please bring the following that apply:
- Picture ID
- Your completed Social History Questionnaire (if provided by the Court)
- Verification of current or recent mental health and substance abuse treatment
- Address verification (current utility bill)
- Income verification (recent pay stub, verification of unearned income sources)
- All prescription medications
- Verification of education (high school diploma, GED diploma, college degrees, certifications, current class schedule if currently enrolled in classes)
- DD-214 or verification of active military status
Please do not bring:
- Knives (this includes pocket knives, utility knives)
- Box cutters
- Drugs or drug paraphernalia
- Weapons (including mace, tasers, chains) or any item that can be construed as a weapon
- Open food or drink
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 2022, the Court assisted 1,258 petitioners seeking a protection order and 1,171 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 2022, the Evidence Room took in various items admitted into evidence on over 950 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 Docket Support section.
Additional Resources
Click on the button below to view the court’s 2023 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 2022, over 480 civil cases were referred to mediation. 72% 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.
Apply to be a Mediator
Click this link and fill out the form: Mediator Application
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
Pretrial Services
