A Civil Protection Order (CPO) is issued by a domestic relations court
to protect a victim of domestic violence. Although a CPO is similar to
a restraining order in that each orders the accused not to abuse or harass
a victim of domestic violence, a CPO differs in that it may contain additional
provisions such as evicting the abuser from the victim’s home, awarding
child custody or financial support to the victim, or ordering the accused
to obtain counseling. Read on to learn more about CPO laws in Ohio and contact a
criminal defense lawyer in Dayton if you or a loved one has been charged with domestic violence and issued a CPO.
Statute of Limitations
In Ohio, a CPO does not need to be filed within any certain period of time
after the occurrence or supposed occurrence of domestic violence. In some
cases, domestic relations courts have issued CPOs months or even years
after the domestic violence incidence occurred. However, many courts will
only issue a CPO if they believe the victim is in immediate and present danger.
Burden of Proof
The burden of proof in a CPO case is by a “preponderance of the evidence.”
What this means is that the victim must simply prove that it is more likely
than not that the domestic violence occurred and that he or she is in
danger. In the case of
Felton V. Felton (1997), the Ohio Supreme Court rejected the more burdensome “clear
and convincing evidence” standard usually applied in injunction
cases. As a result, it’s easier for victims of domestic violence
in Ohio to
obtain a CPO than it is in other states which require a higher burden of proof. Unfortunately,
this also makes it easier for false claims of domestic violence to result
in real legal action against wrongfully accused individuals.
If you or a loved one is facing domestic violence charges, the
criminal defense attorneys at Rion, Rion & Rion can help. Our law firm’s founders, John
H. Rion and John Paul Rion, are both board-certified criminal lawyers
and are listed in
The Best Lawyers in America. If you live in or near Dayton, OH, call our law firm at (937) 223-9113
to schedule your initial consultation.