Violation of a Protection Order in Columbus, OH

Being accused of violating a protection or restraining order in Columbus is a serious matter with potentially severe consequences. Ohio law enforcement must enforce valid orders—whether issued locally or in another state—and will often arrest alleged violators on the spot. If you’re subject to a protection order, it’s critical to understand the terms and the legal risks of any violations.

Don’t take these charges lightly. Contact Luftman, Heck & Associates immediately. Our experienced domestic violence and assault defense attorneys will work to secure your release, explain your legal options, and help protect your future. Call (614) 304-3398 24/7 for a free, confidential consultation.

What Is a Protection or Restraining Order?

In Ohio, a domestic violence victim or a victim of a violent crime may request some type of protection order against their alleged assailant, which may be granted depending on their circumstances. There are limits to who can request these orders, and there can be restrictions on the orders.

Who Issues Them?

Protection orders can be requested by victims of abuse or any victims involved in cases where criminal assault charges have been filed. That person could be a current or former spouse, the other parent of a shared child, a current or former dating partner, or someone who lives or used to live in the same house.

In some cases, victims who are not family members or do not live in the home can also request some kinds of protection orders, especially if their alleged assailant has been charged with felonious assault, aggravated assault, menacing, menacing by stalking, or aggravated trespass.

Civil Protection Order

A civil protection order (CPO) is issued by the domestic relations court when there are allegations of domestic violence between family or household members. A CPO can be valid for up to five years. The amount of evidence needed for a court to issue a CPO is less than the amount of evidence necessary to prove criminal domestic violence charges. If the victim shows that abuse occurred based on a “preponderance of the evidence,” the court must issue a CPO.

If you’re subject to a protection order, the court may require you to:

• Leave your home and turn it over to someone else in your family or household
• Give up physical custody of your children
• Continue providing financial support to those you lived with — if previously required to by law
• See a counselor
• Stay 500 feet away from the alleged victim
• Cannot enter the alleged victim’s home, school, business, or place of employment
• Not contact the alleged victim in any way, including by telephone or through social media

Temporary Protection Order

A temporary protection order (TPO) is issued during a criminal case and will usually last until the case is settled or dismissed. A judge can issue a Domestic Violence TPO or a Criminal Protection TPO, depending on the relationship between the parties involved and the charges filed. A TPO usually gets issued at the request of a prosecutor or law enforcement officer working on a criminal case. For example, a TPO may be issued against the suspect during a rape case.

However, a prosecutor must prove abuse occurred “beyond a reasonable doubt” to justify domestic violence charges. Any approved TPO would restrict the abuser’s ability to contact or approach the victim.

Criminal Protection Orders

Only the alleged victim may request a criminal protection order at any point in a criminal case. They are typically issued during the defendant’s arraignment and usually apply when the judge overseeing the case believes the victims could be in danger.

What Happens If You Violate a Protection Order in Columbus, OH

The penalties for violating CPOs and TPOs are outlined in section 2919.27 of the Ohio Code. Specifically, the statute states that no person may recklessly violate the terms of a restraining order. If you accidentally violate the restraining order—if you and your former partner bump into each other at a store, for example—you probably won’t be charged with violating the restraining order.

Legal Penalties for Violating a Protection Order

But if you intentionally violate the terms of your CPO or TPO, or if you do something that you know would likely result in you violating the restraining order, you may face criminal charges. If convicted, you will face the following penalties:

• First conviction—First-degree misdemeanor punishable by six months in jail and/or a $1000 fine
• Second and subsequent convictions—Fifth-degree felony, involving a potential prison sentence of one year, along with a possible $2,500 fine

If you commit a felony while violating the restraining order, you may face third-degree felony charges resulting in jail time of 9 months to 5 years and fines reaching $10,000. In some cases, you may be ordered to wear a GPS device that allows the authorities to track your movements upon your release from jail.

Additional Consequences of a Violation

If you violate a protection order, you may face issues that aren’t necessarily defined by law. These include:

• Trouble maintaining your current employment
• Licensure issues in some professions
• Difficulty getting a good job in the future
• Difficulty and possible denial in immigration and naturalization proceedings

A conviction for violating a protection order will also be on your criminal background for the rest of your life. Therefore, no matter what happens in your assault or domestic violence case, it is critical to give violating a protection order charges the importance they deserve.

How Our Columbus Domestic Violence Defense Lawyers Can Help

Our team of Columbus criminal defense attorneys takes a two-pronged approach to all violations of protection order cases.

We’ll Help You Obtain a Bond

First and foremost, you need a bond. Generally, you will be arrested when charged with violating a protection order. If not, the charge(s) will be filed as a warrant, and you will have to turn yourself in. We will represent you at your initial bond hearing and look to secure a favorable bond and your release from jail.

We’ll Challenge the Charges Against You

From there, we will find the mistakes the police made, determine if the prosecuting witness is fabricating the charges, limit the evidence against you, and raise every possible legal issue on your behalf.

We do this by requesting discovery from the prosecutor and interviewing witnesses. The discovery will generally consist of police reports, additional investigative notes, pictures, and recorded interviews. As our client, you will receive a copy of everything received from the prosecutor for your review.

Based on the weaknesses in the State of Ohio’s case and any other mitigating factors, we will negotiate the best possible plea available with the prosecutor for you to consider in resolving your case. Suppose your case cannot be resolved favorably with a plea. In that case, it will proceed to a motion hearing (a hearing where the judge issues a ruling on an evidentiary issue) or a trial to the judge or jury, depending on the circumstances.

For over ten years, LHA has successfully represented clients on violating protection order charges. That extensive previous experience will enable us to better help you.

Violation of a Protection Order Case Dismissed

Civil Protection Order Lifted in Licking County

Frequently Asked Questions About Violating Protection Orders in Columbus

Can I be arrested even if the alleged victim contacted me first?

Yes. Even if the protected party initiates contact, you are still legally prohibited from responding or engaging if a protection order is in place. Violating the terms—regardless of who initiated contact—can lead to your arrest and prosecution.

Is accidentally violating a protection order still a crime?

Not necessarily. Ohio law requires that violations be done “recklessly” to qualify as a criminal offense. If you unintentionally run into the protected person at a public place like a grocery store or gas station, it may not result in charges—though it’s still wise to report the incident to your attorney immediately.

What qualifies as a violation of a protection order in Ohio?

A violation can include:

• Calling, texting, or emailing the protected party
• Visiting their home, job, or school
• Sending messages through friends or family
• Liking or commenting on their social media
• Being within 500 feet of their location (if ordered)

Can I see my children if there’s a protection order?

It depends. If the protection order restricts contact with the children or the custodial parent, you may not be permitted to have any contact—even supervised visitation—until the order is modified or expires. A skilled defense attorney can help petition the court for exceptions.

Will violating a protection order affect my job or professional license?

Yes. A conviction could appear on background checks, jeopardize employment, and potentially trigger disciplinary actions from licensing boards, especially for professionals in healthcare, education, or government roles.

How long does a Civil Protection Order (CPO) last in Ohio?

A CPO can last up to five years. The court sets the duration based on the circumstances of the case. Temporary Protection Orders (TPOs), by contrast, typically last until the associated criminal case is resolved.

Can a protection order be dropped or modified?

Yes, but only by the court. The protected party can request to drop or amend the order, but a judge must approve any changes. You should never assume the order is void unless you receive official court documentation.

What should I do if I’ve been accused of violating a protection order in Columbus?>

Contact a criminal defense attorney immediately. Do not speak to the alleged victim, police, or prosecutors without legal counsel. Your attorney can help secure your release, gather evidence, and begin building a defense to protect your freedom and future.

Speak With A Columbus Domestic Violence Attorney Today

It’s possible to avoid the harshest penalties for violating a restraining order if you retain the services of a seasoned legal professional to defend against the prosecutor’s charges. Ideally, you should consult with a lawyer when you learn that you are subject to a CPO or TPO.

At Luftman, Heck & Associates, we have extensive experience advising and defending clients embroiled in domestic violence disputes. Call us right away at (614) 304-3398 for a free and confidential consultation of your case.