Violation of a Protection Order Lawyer in Cincinnati, OH
Violating a Protection Order in Ohio
Protection orders often stem from emotionally charged situations, but violating the terms set by the court can seriously complicate matters and expose you to a criminal conviction. If you are accused of violating an order of protection in Cincinnati, act fast and contact an attorney.
At Luftman, Heck & Associates, we are well-equipped to help you navigate the complexities of being charged with violating a protection order in Ohio. Reach out to LHA for a free, confidential consultation about your rights legal options, and to properly deal with your unique situation.
Call (513) 338-1890 or submit a request 24/7.
Cincinnati Protection Order Violation Attorneys
Attorneys Brad Groene and Juliea Crumes of Luftman, Heck & Associates pride themselves on their dedication, skill, and experience in Cincinnati domestic violence cases, and they have the accolades and awards to match. Some of the professional memberships and awards they hold include the following:
- National Trial Lawyers Association Member
- 10 Best Attorneys- American Institute of Criminal Law Attorneys,
- Top 10 under 40-National Academy of Criminal Defense Attorneys
- Premier 100-National Academy of Jurisprudence
- 10 Best for Client Satisfaction- American Institute of Criminal Law Attorneys, 2016
Defending yourself against unfounded allegations is paramount, and you deserve the best representation when accused of violating the terms of a restraining order. Trust LHA.
Ohio Protection Orders
Ohio law outlines two types of protection orders under the Ohio Revised Code (ORC 2919.27), frequently issued in domestic violence cases.
Situations that May Necessitate Seeking a Protection Order May Include:
- Domestic Violence
- Sexual Assault
- Threats of Violence
- Child Abuse
- Elder Abuse
- Destruction of Property
- Forced Isolation
- Cyberbullying or Online Harassment
Temporary Protection Orders (TPO)
TPOs focus on immediate protection from potential harm. This order is valid until your case concludes or until a Civil Protection Order hearing.
To secure a temporary order of protection, an alleged victim must prove to a judge that they are in immediate and present danger and subject to domestic violence if the protection order is not granted.
If the temporary protection order is granted, it will prohibit the defender from contacting the victim in any way.
A temporary protection order can last until the criminal case is resolved. If you eventually seek the more permanent civil protection order, the temporary order will last until you have a hearing for the civil protection order.
Civil Protection Orders (CPO)
CPOs aim to prevent further instances of domestic violence by extending more comprehensive protection than TPOs. They remain in effect for up to five years and can be renewed.
Civil protection orders in Ohio can be filed whether or not criminal charges are filed. Essentially, a civil protection order prohibits any family or household member from contacting you after an incident or threat of domestic violence.
Suppose a family or household member obtains a civil protection order against you. In that case, you may be required to leave your house and prohibited from coming within 500 feet of the individual who filed the order.
A civil protection order may mandate:
- That you abandon your home or grant possession of your home to someone else in your family;
- That you relinquish custody of your children temporarily;
- That you continue providing financial support to your family or individuals that you live with if you were previously legally obligated to do so;
- That you see a counselor;
- That you abstain from going into the home, workplace, or school of the individual or victim who filed the protection order;
- You make any accommodations that the court determines to be necessary.
Possible Violations of a Protection Order
Despite clear instructions, there are times when these orders are breached, either intentionally or unintentionally. Understanding what constitutes a violation is crucial for both the issuer and the recipient.
Here are common ways protection orders are violated in Cincinnati:
- Contacting the Protected Person: Calls, texts, emails, or other means.
- Physical Proximity: Approaching or being within a certain distance of the protected person or their home/school/work.
- Third-Party Contacts: Sending messages through friends or family.
- Cyberstalking: Tracking or harassing the person online.
- Posting Online: Sharing or posting information or photos to intimidate or threaten.
- Visiting Shared Places: Going to shared schools, workplaces, or common social spots.
- Possession of Firearms: Depending on the order’s specifics, possessing or acquiring firearms might be a violation.
- Neglecting Mandated Actions: Failing to attend court-ordered therapy or counseling sessions.
- Approaching Family Members: Coming near or contacting the protected person’s immediate family.
- Violating Custody Agreements: Taking or visiting children when not permitted.
The Penalties for Violating an Ohio Protection Order
Violating a protection order, whether temporary or civil, will lead to criminal charges and potentially a conviction. While typically charged as a first-degree misdemeanor in Ohio, the penalties and consequences you’ll face will largely depend on your record and the details involved:
- First-time violation: Up to 6 months in jail and a fine of up to $1,000.
- Repeat Offenses: Fifth-degree felony, 6-12 months in jail, fines up to $2,500.
- Violation with a Felony: Third-degree felony, 1-5 years in prison, and fines up to $10,000.
Other Consequences of Violating a Protection Order
Even if you avoid jail time for violating the terms of a protection order, a conviction can result in significant repercussions.
Any criminal conviction can adversely impact various facets of your life, such as employment, education, finances, and child custody. This makes seeking experienced and effective representation essential if you face such charges.
A defense lawyer can help with violation of a protection order charges by:
- Craft a strong defense based on your unique circumstances.
- Protect your rights and ensure you’re treated fairly throughout the legal process.
- Negotiate favorable outcomes by working to reduce penalties or dismiss charges.
- Offer personalized counsel and guidance during this challenging time.
FAQs About Violating Protection Orders
How Would I Know if Someone Filed a Protection Order in Ohio?
In Ohio, ensuring the alleged offender knows about a protection order is paramount. Here’s the typical notification process:
- Personal Service: Law enforcement officers or court officials directly serve the order to the alleged offender.
- Service by Mail: The court might send the order via certified mail to the respondent’s last known address with a return receipt for confirmation.
- Other Methods: If standard methods fail, the court can use other means, such as publishing in local newspapers.
Once served, the protection order is enforceable. Proof of service can counter claims of unawareness by the offender. It’s advised to seek legal counsel if unsure about a potential order.
What if I Didn’t Know About the Order?
If you were unaware of the protection order, a lack of knowledge can be a potential defense. Being uninformed, however, does not always guarantee exemption from legal consequences. It’s crucial to consult a lawyer to explore your options thoroughly.
What if It was Accidental Contact?
Accidental contact with a person protected by an order can complicate matters. These situations are intricate and can be influenced by the specific circumstances surrounding the contact. It’s essential to communicate all details to our team so we can provide tailored advice and guide you through the appropriate steps to address the situation.
I Was Falsely Accused. What Now?
False accusations, while distressing, unfortunately, do occur. In such cases, our commitment is unwavering. We’ll meticulously investigate every aspect of your case, ensuring all facts are brought to light. Accusations without merit require a staunch defense, and our team is here to support and guide you every step of the way.
What if the Victim Violates the Protection Order?
Both the individual who filed the protection order and the offender must respect the protection order by adhering to the restrictions established by the court. Either party can initiate a violation of the protection order. This can lead to time in custody, fines, and a damaging criminal conviction on your record.
Our Cincinnati Protection Order Violation Lawyers Can Help
Facing charges for violating a protection order can be daunting and stressful. Those accused often feel the weight of the allegations, affecting multiple aspects of their lives.
The attorneys at Luftman, Heck, and Associates are well-versed in Ohio’s laws regarding protection order violations. Our team is committed to upholding our clients’ rights. Reach out to us today at (513) 338-1890 or online for a complimentary consultation.