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Civil Protection Orders

Civil Protection Orders (CPOs) provide legal protection and support to victims of violence. This article explores the difference between civil and temporary orders, covered offenses, the process of filing a CPO petition, assessing lethal risk to victims, enforcement, penalties for violation, and what victims need from law enforcement.

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Civil Protection Orders

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  1. Civil Protection Orders

  2. Civil vs. Temporary Temporary • Criminal case • Not enforceable • Terminates at end of case Civil • May have criminal case • Up to five years of protection • May deal with visitation and support • Criminal sanctions for violation • DR or Juvenile Court

  3. Who Can Get a CPO Family or Household Member = CPO 1. Spouse, ex spouse, person living as a spouse 2. Parent or child of offender or another person related by blood or marriage 3. Parent or child of spouse, person living as spouse, former spouse, or any other person related by marriage 4. Child in Common: Biological parent of any child whom the offender is the other natural parent 5. Cohabitated with the offender within the last 5 years (boyfriend/girlfriend & same sex couples)

  4. Covered Offenses • Attempting to cause or recklessly causing bodily injury • Placing another in fear of imminent serious physical harm • Aggravated trespass • Abused child • Sexually oriented offense • Menacing by stalking • Pattern of conduct of two or more actions or incidents closely related in time • Knowingly caused or would cause the Petitioner physical harm or mental distress

  5. What Happens When CPO Petitionis Filed • Hearing on the same day petition is filed • Magistrate conducts hearing • Magistrate sign an ExParte order of protection • Order is filed with Clerk, but is effective immediately • Order is valid until a certain date, but is not terminated due to lack of service or continuance • Full hearing is scheduled

  6. What Happens (cont.) • Evidentiary Hearing (7-10 court days aft filing) • Each side presents evidence • Each side questions other side • Respondent has right to face accuser • Preponderance of the evidence • Magistrate decision • Dismiss • Consent • Full order 1-5 years

  7. What We Need From Officers Willingness to treat each incident as the first Documentation: • Each party’s statements • Pictures, pictures, pictures • Statements of children if possible • Actions taken • Officer’s impressions • Detailed statement of injuries

  8. Assessing Lethal Risk to Victims • Has he/she ever used a weapon against you or threatened you with a weapon? • Has he/she threatened to kill you or your children? • Do you think he/she might try to kill you? • Does he/she have a gun, or can he/she get one easily?

  9. Assessment (cont.) • Has he/she ever tried to choke you? • Is he/she violently or constantly jealous? • Does he/she control most of your daily activities? • Have you left him/her or separated after living together or being married? • Is he/she unemployed?

  10. Assessment (cont.) • Has he/she ever tried to kill him/herself? • Do you have a child he/she knows is not his/hers? • Does he/she follow or spy on you or leave threatening messages? • Has he/she been diagnosed with a mental illness?

  11. Enforcement • Full faith and credit requires law enforcement to enforce a qualifying civil protection or anti-stalking order regardless of whether victim registered the order • Qualifying order is issued by court that has jurisdiction over issues and parties • A CPO or ASCPO supersedes a TPO • CPO does not supersede a no contact order that is part of probation

  12. Penalties for Violation • Criminal prosecution • Misdemeanor • Felony • Contempt of court • Jail or prison • Affirmative defense

  13. ORC 2930.04 & 2935.032 At the time of initial contact Law Enforcement should: • Promptly investigate crime • Make arrest • Explanation of victims rights • Information about compensation to victims • Information about protection available Give victim: • Business number of officer • Office address and business number of prosecutor • Victim may contact law enforcement for status

  14. What Victims Need From Officers • Good Documentation • Treat each incident separately • Understand that DV is progressive • Serve protection order to respondent • Answer violation calls quickly and every time • Understand that it takes time to leave for good • Understand the danger she may be in for calling and leaving

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