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Other types of Orders

 

 

Stay Away Orders or No Contact Orders

Stay Away Orders or No Contact Orders may be ordered by a judge at the beginning or end of a criminal case. The police cannot enforce these orders; the recourse is for either a probation violation ( if the offender is on probation) or contempt of court. Stay Away Orders and No Contact Orders are better than nothing but often give the victim a false sense of safety.

Restraining Orders

A Restraining Order may be granted through Domestic Relations Court during the pendency of a divorce case. This may state that the party refrain from abusing, harassing, or molesting the other, but frequently pertains to property. This type of order does not keep the abuser away from the victim. Violations of restraining orders are not enforceable by the police. A violation is treated as a contempt of court.

Order to Vacate

May be granted during the pendency of a divorce in cases in which the court determines there is reason for a party to be removed from the premises without rising to the level of a Protection Order. This order is not enforceable by the police unless the court specifically orders law enforcement to enforce the order. In that case, the police can make someone leave but cannot arrest for the crime of violation of a protection order. In all other cases the recourse is to file a motion to find the person in contempt of court.

Enforcement of Protection Orders ORC 2919.27

Law Enforcement may arrest and criminally charge the violator of the TPO, CPO, SPO, and CSPO. Law Enforcement must enforce the terms of the Protection Orders. If they have reasonable grounds to believe that the order has been violated, it is the preferred course of action in Ohio to under R.C. 2935.03 to arrest and detain until a warrant can be obtained.

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Last modified: 07/29/2010