How Does a TPO Work in Ohio?
In This Article
What is a Temporary Protection Order (TPO) or a Criminal Protection Order (CPO)? ORC 2903.213
A TPO or CPO is issued along with crimes such as:
-Menacing By Stalking
Once you are accused/charged with one of the above crimes, law enforcement will execute papers issuing a TPO or a CPO and it will be signed by a Judge. Usually, this paperwork is automatic when charged with any of the offenses listed above. This means that you will be unable to be in proximity of the alleged victim while this Order is in place. It is usually within 500 feet of any place the alleged victim is. Additionally, you will be unable to go back to the location where the alleged victim resides. That means, if you live with the alleged victim, you will be unable to go back to your residence until the Order is modified or terminated.
The only way to get around this order is to petition the court to either modify the TPO/CPO or terminate the Order. This is not always easy. Your lawyer should attach paperwork in support of termination or modification. Often times an affidavit from the alleged victim, indicating he/she is not in fear for their safety or life is quite helpful. Most times the alleged victim will need to be present at a hearing in order to have the TPO/CPO modified or terminated. Your criminal history will come into play and the level of injuries will come into play. Please note, if you have children, unless they are the alleged victim or are in danger, this TPO/CPO should not apply to them.
Sexual offenses carry with them registrations with the local Sheriff’s office. Anyone that has to register will be restrained and have paperwork dictating that they are not allowed around a school or the alleged victim(s). There are many more requirements for this offense depending on the ‘tier’ of the registry.
Can you get a CPO/TPO lifted or removed or modified?
The answer is yes, you can. However, the right circumstances and facts/evidence need to be present. This office has had TPO/CPOs terminated and modified on many occasions. During a criminal case, it is not automatic. Your lawyer must petition the court.
If a Judge will not terminate a TPO during my case, can it be terminated automatically after my case is done?
Yes, in a criminal case the TPO can be terminated if there is a positive outcome. But, even if you plead to a lesser offense, the Judge could still issue what is referred o as a ‘NO CONTACT’ order that could stay in place if the Judge feels there is a necessity or if the alleged victim no longer wishes to have contact. If there is a ‘no contact’ Order and/or you are placed on a period of probation, then staying away from the alleged victim may be a requirement/condition of your probation. Your lawyer needs to address these issues before the plea and many times, after the case and/or during probation.
What is the difference between a ‘No Contact’ Order vs. Restraining Order vs. Protection Order
‘No Contact’ Orders - Often issued by the Police or Judge in criminal cases as conditions of bond or probation. Therefore, a violation of a stay-away order is a violation of bond or probation. Someone must contact the prosecutor or probation officer to report a violation of a stay-away order.
Restraining orders are issued in divorces and are not enforceable by the police.
Protection orders - there are four types of protection orders in Ohio:
- Domestic Violence Temporary Protection Order (DVTPO)
- Civil Protection Order (CPO)
- Criminal Protection Order (CRPO)
- Civil Stalking or Sexually-Oriented Offense Protection Order (CSSOOPO)