Domestic and Dating Violence Civil Protection Orders

A protection order is an official document from a Judge. When a Judge issues a protection order, they are ordering an abuser to stop certain actions to help keep the victim safe. The Court calls the person that you are seeking protection from "the respondent." The protection order can tell a respondent to stop actions like:

• Hurting you
• Threatening you
• Contacting you
• Coming to your home or workplace

If you are filing for a Domestic Violence Civil Protection Order, possible additional protections include making the respondent move out of your home or addressing child-related issues.

• A Domestic Violence Civil Protection Order protects you from threats or violence from a family or household member.
• A Dating Violence Civil Protection Order protects you from threats or violence from someone you are or were recently dating. The Court defines dating as a mutual, romantic or intimate relationship with an adult who is not part of your household. The relationship must have happened within the past year.

Remember that filing for a civil protection order does not guarantee your safety.

If you have a criminal protection order in place and are interested in a civil protection order, you are encouraged to speak with a lawyer to understand how filing could affect your safety and how it could end your criminal protection order.

Domestic Violence Help Center

The Court has a Domestic Violence Help Center where advocates from the Journey Center for Safety and Healing can provide emotional support as well as community and safety resources.

The Domestic Violence Help Center also has staff members who can help you understand the procedure and process of seeking a civil protection order.

You can contact these resources by phone at:

• Domestic Relations Court Domestic Violence Help Center: (216) 443-7940
• Journey Center for Safety and Healing 24-hour Hotline: (216) 391-4357

How to get a Domestic or Dating Violence Civil Protection Order in Cuyahoga County

To get a Domestic Violence or Dating Violence Civil Protection Order:

• Get the forms. You can use our Form Assistant to generate the Domestic Violence or Dating Violence Civil Protection Order Forms. Include details about the recent violence, threats and stalking and a history of past violence, threats and stalking. You can attach additional pages. The Court may limit your case to the incidents described in the forms. So, be sure to include all incidents you want considered.
• Talk to an expert. Before you file, talk to an advocate from a local domestic violence organization or an experienced lawyer. Advocates and lawyers can help you understand any additional risks you might have, connect you with services and help you complete the forms. Advocates may also be able to go to Court with you. Go to "Legal Help and Lawyers" and "Local Government and Community Resources" on this page to see organizations in Cuyahoga County that may be able to help. If you are filing without a lawyer, you will need to go to the Domestic Violence Help Center at the Court before you file.
• File the forms. Contact the Domestic Violence Help Center at (216) 443-7940. Your forms must be reviewed by staff at the Domestic Violence Help Center, who will make sure all necessary documents are completed. (Court staff cannot provide legal advice or help you decide what information to write on your forms.) 
• Submit your completed forms and documents to the Clerk of Courts, where a Judge and case number is assigned.
• Attend the ex parte hearing (if requested). On the day that you file, the Court will hold an emergency hearing, called an "ex parte" hearing. The respondent does not attend the ex parte hearing. At this hearing, you (and your lawyer, if you have one) meet with the Judge or Magistrate. They review your forms and may ask you some questions. Then, the Judge or Magistrate decides if you need an emergency, ex parte protection order that starts immediately. 
• Complete service. “Service” is when the Court officially tells the respondent about your filing. When you fill out your civil protection order forms, you will complete the “Request for Service” on the last page of the petition. Ohio rules say that the first method of service in a civil protection order case must be personal service by the sheriff. This means that the sheriff will attempt to serve the papers in-person to the respondent at the address you provide. It's recommended that you also select "certified mail," in addition to personal service. This means that the Sheriff will attempt to serve your papers in-person, and at the same time they will be sent to the respondent by certified mail. After you file, you will need to follow up with the Clerk’s office to make sure that service was completed. Your case cannot be heard at the full hearing until service has been completed.
• Attend the full hearing. Whether or not you are given the emergency, "ex parte" protection order, the Court will hold a full hearing, usually within 7 or 10 business days, that the respondent may attend. At the full hearing, you testify and present evidence, including any witnesses to show the Judge or Magistrate why you need a protection order. You must show that there has been a recent threatening or violent act and that there is a danger of future violence. A lawyer can help you prepare evidence. If you want protection for your children or other family or household members, you must show why they are in danger, too. The respondent also has a chance to present evidence.
• Be careful with consent agreements. A “consent agreement” is where the parties negotiate and agree to the terms of the protection order. Unlike with a regular protection order, getting a consent agreement means that the Court does not make a finding that the violence occurred, only that the parties agreed to the order. If the other party wants to negotiate a consent agreement or “mutual stay away,” you should consult with a lawyer first to see if it could put you at legal risk.
• Get a court order. At the final hearing, the Judge or Magistrate decides whether to issue a full civil protection order. The Court issues the order at the end of the hearing. Keep your protection order with you in case you need to call the police to enforce it. Give copies to people who may need it (like your child’s school or local law enforcement). You can also share it with your employer if you feel comfortable disclosing that information.

How to enforce a protection order

If the respondent breaks the rules of a civil or criminal protection order, it is a “violation of the protection order” and they can be arrested or face other consequences.

If there is a violation of a civil or criminal protection order:

• You should call the police. The police can enforce protection orders by arresting the violator.
• The police or prosecutor can file criminal charges. If convicted, the respondent can face fines, probation or jail time.
• For civil protection orders, the Court that issued the order could also find the respondent in contempt of Court. When someone violates a civil protection order, you can ask the Court that issued the order to find them in contempt. If found in contempt, the respondent can face fines or jail time. Filing for contempt is complicated, so you should talk to a lawyer or advocate before filing.

If you do not feel safe calling the police, contact a lawyer or an advocate to determine your best options.

Renewing a civil protection order

You can contact the Court's Domestic Violence Help Center if you have questions about extending or renewing a protection order. You can contact the Domestic Relations Court Domestic Violence Help Center at (216) 443-7940.

You also may want to talk to a lawyer for help extending or renewing a protection order.