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Temporary Protection Order

 

 

Temporary Protection Orders

Criminal Protection Orders (CRPO) 2903.213

  • May be granted by a judge during the pendency of a criminal case.

  • May be requested by a motion whenever a person is charged with domestic violence, assault, aggravated assault, felonious assault, rape, any sexual assault, menacing by stalking, aggravated trespass, criminal trespass against a family or household member. This is not an exclusive list, there are many other charges than can quality for a protection order under this section of the law.  Criminal charges are filed either by the police or the victim going to the prosecutor's office in the jurisdiction of where the violence occurred.  Family and household members can include spouses, former spouses, persons living as a spouse, or have a child in common. This is not an exclusive list of all relationships that fall into this category.

CRPO's may prohibit:

  • Defendant from harming, attempting to harm, threatening, stalking, harassing, contacting, forcing sexual relations, or committing sexually oriented offenses against any protected persons listed.

  • Defendant from going to residence, school, business, place of employment, childcare providers, including buildings, grounds, parking lots, of any protected persons listed.

  • Defendant from being present within 500 feet ( or whatever length the judge determines), even with the protected persons' permission, of any protected persons listed.

  • Defendant from initiating any contact includes, but is not limited to telephone, fax, e-mail, voicemail, delivery service, writings, or communications by any other person through another person.

CRPO's may allow:

  • Defendant to pick up personal belongings: toiletries, clothes, etc., one time with a police escort.

CRPO's only last as long as the pending criminal case or upon the issuance of a Civil Protection Order.

CRPO's can be obtained any time during the pending criminal case ( generally they are requested at the formal arraignment).  CRPO's can include children or other household members.

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Last modified: 07/29/2010