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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. |