FREQUENTLY ASKED QUESTIONS
Protection Orders
What are
Protection Orders?
A Protection Order is granted by a Judge
and orders the defendant to have no contact with you. The defendant
should not enter your home or approach you at your place of work or
school. If the defendant violates the Protection Order, a new charge
may be filed and the defendant could be arrested again.
Are all Protection Orders the same?
No. There are three different kinds of
Protection Orders. A Judge in a criminal case in Municipal or Common
Pleas Court may issue a Temporary Protection Order (TPO) in a case
depending on the type of charge and your relationship to the
defendant. A Judge in Domestic Relations Court issues a Civil
Protection Order (CPO). A Judge in Common Pleas Court can also issue
an Anti-Stalking Civil Protection Order.
What is the difference between criminal
and civil Protection Orders?
Protection orders issued by the Municipal or Common Pleas Courts in
a criminal case are temporary. They
expire at the end of the case or sentencing of the defendant. Civil
Protection Orders issued by the Domestic Relations Court can last up
to five years and may be renewed. Civil Protection Orders issued by
the Domestic Relations Court can also address issues of custody,
division of property, and financial support.
Who can get a Protection Order in a
criminal case?
The Municipal Court and/or Common Pleas
Court may grant protection orders as part of the criminal case to
Victims of any of the following offenses: Domestic Violence,
Domestic Violence by Menacing, Felonious Assault, Aggravated
Assault, Assault, Menacing by Stalking, Aggravated Trespass,
Aggravated Menacing, and Menacing.
How do I get a Protection Order in a
criminal case?
A criminal charge must have been filed
against the defendant (the person charged with the crime); the crime
must be one of those listed in the answer to the previous question;
you must be the Victim of the crime; and your relationship with the
defendant must comply with the law.
You may be asked to sign a request for a protection order at the
time the criminal charges are filed. Your request puts the court on
notice that you seek its protection. If you make such a request, the
court may require you to come forward for a hearing before it issues
the Protection Order. This usually happens on the day the defendant
has an initial appearance.
Can anyone help me obtain a Protection
Order?
Yes. The Domestic Violence Unit/SAFE
Program, The Victim Assistance Program and the Battered Women’s
Shelter all regularly assist Victims in understanding this area of
the law. You can contact them at:
SAFE Program - (330) 643-8006
(Domestic Violence Unit)
Victim Assistance Program - (330) 376-0040
Battered Women’s Shelter - (330) 374-1111
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