Restraining orders are issued by judges to protect victims from further violence.
Restraining orders are issued by judges to protect victims of abuse and harassment from further violence. In Ohio, there are two types of orders available: Stalking or Sexually Oriented Offense Protection Orders (SSOOPOs) and Domestic Violence Protection Orders. To obtain such an order, a plaintiff must file a petition with the court, and both parties will appear before a judge. The plaintiff must demonstrate she is in immediate need of protection from the respondent.
Instructions
1. Go to the county courthouse where you or the abuser live or where the abuse occurred and file a petition for the applicable protection order. Fill out the paperwork--you can find this online or get it from the court clerk--and sign it in front of the clerk or a notary. The clerk will then submit it to a judge.
You may be eligible for a Domestic Violence Protective Order if a family or household member has physically abused you; used threats to put you in fear of immediate, serious physical harm; or abused a child.
You may be eligible for a Stalking or Sexually Oriented Offense Protection Orders (SSOOPO) against someone who has committed a sexual offense against you or "menaced by stalking" with a pattern of conduct known by the stalker to cause the victim mental distress or fear of physical harm.
2. Appear before a judge in an ex parte hearing, usually later that day. The judge will review your paperwork and may ask you to make a statement about your need for protection. The judge will then decide whether to issue a temporary restraining order to protect you until the full hearing and will set a date and time for that hearing, within seven-10 days.
The court then will forward your paperwork to law enforcement, who will serve the respondent with the notice of hearing and temporary restraining order (if applicable). A temporary order will not be effective until it has been served. You should follow up with the court clerk to ensure your paperwork was properly served.
3. Prepare to present your case in court. Assemble any evidence you have--written communication, witness testimony, photographs of injuries or damaged property and police or medical records--to aid you in making your case. Practicing telling your story to someone else, so you will be ready to tell your story clearly, accurately and descriptively to the judge.
4. Appear at the hearing and tell your story to the judge. If you are unable to appear on the specified hearing date, call the court as soon as possible and ask them to reschedule it. If you do not appear, your temporary order will expire and you will be left unprotected. If the respondent does not appear, you may be automatically granted the order.
The length and terms of a protective order will be at the judge's discretion, but a maximum five-year length is possible.
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