Columbus Orders of Protection Lawyers
Skilled representation for those accused of violating protective orders
Ohio has different types of protective orders that require that a defendant stay away from a spouse, partner, child, or others. Protective orders can be ordered in conjunction with a criminal domestic violence charge or independent of a criminal complaint. Protective orders are generally temporary until there is a formal hearing. After a hearing, a judge may order a protective order that lasts for months or years. The orders may require that a defendant avoid contact with others. The protective orders may also determine issues of custody, visitation, and support.
At Soroka & Associates, LLC, our Columbus criminal defense lawyers contest the requests for the orders at court hearings. We may also negotiate settlements that focus on repairing family relationships or ending family relationships through separation and divorce. Our lawyers are skilled criminal defense lawyers who also handle charges of domestic violence and violations of protective orders. Contact us if anyone is accusing you of domestic violence or seeking a protective order.
How can we help?
- What are the different types of protective orders in Columbus?
- What are the compliance requirements of an Ohio protective order?
- What are the penalties for violating a protective order in Columbus?
- What defenses do you assert in order of protection cases in Columbus?
- Do you have an order of protection defense lawyer near me?
What are the different types of protective orders in Columbus?
There are four types of protective orders:
- Domestic violence temporary protection order (DVTPO). This type of protective order is entered during a criminal case, usually a charge of domestic violence or a sex crime. This order generally requires that a defendant stay away from a victim during the prosecution of the criminal case.
- A criminal protection order. This type of protective order generally applies to non-family and non-household members. A prosecutor may seek this type of order in cases involving stalking, different types of assault, and other offenses.
- A civil protection order.
- A civil protection order involving stalking or sex crimes. This type of order does not require that a criminal complaint be pending. The order applies to acts involving menacing by stalking or sexually oriented offenses.
Our Columbus protective order lawyers understand who can file these orders, how long these orders can last, the terms of the orders, and other factors.
What are the compliance requirements of an Ohio protective order?
A temporary or final protective order can require a respondent to:
- Refrain from abusing, harassing, and annoying the petitioner
- Avoid contact with the petitioner or the petitioner’s children
- Stay away from the petitioner’s (or a child’s) home, school, or workplace
- Be evicted from their home even if the respondent owns the home - and grant possession to the petitioner
- Award custody to the petitioner
- Pay monthly child support
- Pay for the mortgage, rent, and/or utility payments
- See a counselor
- Not “remove, damage, hide, harm, or get rid of any companion animal owned or possessed by the petitioner
- Grant the petitioner use of motor vehicle and other possessions
- Other types of relief
The judge can also “direct a wireless service provider to transfer the rights to, and billing responsibility for, any wireless service (cell phone) number(s)” that the petitioner or any minor children use if the petitioner’s name is already on the account.
Anyone who violates a protective order can be charged with contempt of court or with a crime.
What are the penalties for violating a protective order in Columbus?
Penalties differ depending if the order is a criminal protective order or a civil protective order. If you violate an order, you may be held in contempt or face criminal charges. Prosecutors and lawyers for the petitioners will typically request that violators be imprisoned, pay fines for noncompliance, and comply with any open parts of the order, such as paying child support.
Violating a protective order in Ohio is generally a misdemeanor of the first degree, which can result in up to six months in prison and a $1,000 fine.
If you have any prior criminal convictions, violating a protective order may be a fifth-degree felony. If you commit a felony while violating a protective order, you can be charged with a third-degree felony. Our Columbus attorneys can explain more about this, and work to lessen these penalties if possible.
What defenses do you assert in order of protection cases in Columbus?
You have the right to an attorney at the initial request for a protection order, if you are charged with contempt of a protective order, and if you are charged with a violation of a protective order. Our Columbus protective order defense lawyers understand the unique issues involved in order of protection cases.
Our Columbus attorneys can raise all appropriate legal and factual defenses to a request for a civil or criminal protective order, including that you did not commit the offense. In some cases, it may be possible to negotiate a short-term agreement in lieu of a formal hearing or protective order.
When a violation is alleged, you have the right to assert:
- The violation never occurred
- The petitioner/victim initiated the contact
- The contact was incidental and not serious
- You did not have notice of the protective order
Other defenses may apply, depending on the terms of the order and what happened.
At Soroka & Associates, we meet with clients at our Columbus office located at 503 South Front Street, Suite 205. We’re close to I-71 and Rt. 23. We also meet clients at detention centers when necessary.
Speak with an experienced Columbus protection order defense lawyer today
Get help now. If someone is seeking a protection order against you or you have been charged with violating a protection order, your rights and liberty are at stake. The Columbus criminal defense lawyers at Soroka & Associates are respected by former clients and prosecutors for our skills and record of success advocating for the accused. Call us at 614-918-4078 or fill out our contact form to speak with a defense lawyer today.