Ohio Domestic Violence Temporary Protection Order (TPO)
There is a great deal of law in the Ohio Revised Code, in Section 2919, that covers temporary protection orders and their enforcement. Our purpose here is to give you exposure to a few of the issues involved.
Who is protected?
It is the judge who will determine who will be protected and how that protection is to occur. The judge might decide to set bond so high as to prohibit the defendant from getting out of jail. That protection is complete. Otherwise the court has a very wide latitude regarding who to protect and how that protection is accomplished.
What might the TPO say?
A copy of a blank TPO is available and there is a link below to allow you to download and read it. On that form are check boxes for the many prohibitions the judge might choose to impose on the defendant. For example:
The TPO will likely prohibit the defendant from being a certain distance from the alleged victim. The defendant might be ordered to stay 500 feet away from the victim. The defendant might be prohibited from being in his or her home. That means the defenant has to make arrangements to live somewhere else.
It will likely require the defendant turn over all his firearms to the law enforcement agency. Make sure a detailed list is made prior to turning them over. Make sure a detailed receipt is obtained from the law enforcement agency. Your ability to recover the firearms is often dependent on these proofs.
It will likely require the children be protected.
It will likely require the defendant not interfere with the household. For example, the defendant must continue to pay utility bills and take care of other matters even though he or she is no longer in the home.
Does the defendant have to agree to a TPO?
No, the defendant may refuse but that would likely cause him or her to remain in jail until the trial.
How long is a TPO in effect?
While a TPO is often disolved on the resolution of the case, should any probation be placed in effect it is likely that the probation would contain similar orders. Contact you attorney! CALL US!
What happens if the TPO is violated?
The violation of the TPO is a separate criminal charge that has serious consequences. Jail is one likely result. Contact your attorney immediately should their be even a hint that the TPO might have been violated. It is not out of the question that the judge would put the defendant in jail and leave him or her there until the trial. The violation is very serious.
The above doesn't begin to discuss the many issues that revolve around a TPO. Contact your attorney immediatly and discuss the TPO. CALL US!