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Violating A Protection Order

There are two types of protection orders in Ohio that are associated with domestic violence cases.
They are:

Temporary protection orders

At a defendant’s arraignment in a domestic violence and/or assault case, the alleged victim may be granted a temporary protection order if he or she can demonstrate to the judge that the defendant represents a clear and present danger to him or her.

If granted, the order will generally prohibit the defendant from contacting the prosecuting witness in any way. The temporary protection order will stand until the prosecuting witness requests and the judge agrees to lift the order or the case is over.

Civil protection orders

These offer more protections than the temporary order and do not require that the offender have criminal charges against him or her. They also last up to five years and can be renewed. A civil protection order may require that you do any of the following:

  • Refrain from either physically or sexually abusing family or household members
  • Leave your home, and if it’s in your name, grant possession of it to another family or household member
  • Temporarily give up custody of your children
  • Maintain financial support to your family or other household members, if you customarily did so in the past or were legally required to
  • Seek counseling
  • Refrain from entering the home, school, business or workplace of either the victim or the person who requested the order
  • Make accommodations as the court deems necessary, such as letting family or household members use your car

Every day in central Ohio people are charged with violating protection orders. Violating protection order charges can range from a first degree misdemeanor, punishable by up to 180 days in jail to a third degree felony, punishable up to 36 months prison.

If you are convicted of violating a protection order, additional potential issues include:

  • 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
Simply put, if you are convicted of violating a protection order, it will be on your criminal background for the rest of your life. No matter what the circumstances were in your case, you run the risk of being considered someone who people need to be protected from and who cannot follow orders. Therefore, it is critical that you to give your violating protection order charge the level of importance it deserves.

The Columbus Criminal Defense team takes a two-pronged approach to all violation of protection order cases. First and foremost, you will 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.

Thereafter we will figure out what mistakes the police or detectives made, whether the prosecuting witness is fabricating the charges and what other legal issues can be raised 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 legal 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.

If your case cannot be resolved satisfactorily with a plea, it would then 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 nearly ten years, the Columbus Criminal Defense team has successfully represented clients on violating protection order charges. That extensive previous experience will enable us to better help you.

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Are you in trouble? Contact us.

If you’ve been charged with violating a protection order, it’s important to know what you’re up against. If you have any questions left unanswered by this page, or if you need a competent, experienced protection order attorney to fight for you in court, please contact us at or via email at

This is a misdemeanor of the first degree and carries with it the following penalties:
  • A jail sentence of up to 180 days
    • In its place, your judge may sentence you to probation or other community control punishments
  • At most, a fine of $1,000
This is a felony of the fifth degree and carries the following penalties:
  • A prison term of six months to one year
    • In its place, your judge may sentence you to probation or other community control punishments
  • At most, a fine of $2,500
This is a felony of the third degree and carries with it the following penalties:
  • A prison term of nine months to three years
  • A fine of $5,000 to $10,000
Have a question we didn’t answer below? Feel free to email us or call us and we’ll help you out.

A temporary protection order (TPO) doesn’t deal with child custody, child support, spousal support, splitting up property or requiring counseling for the offender. It merely asks that the offender stay away from the victim in all possible circumstances.

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Luftman, Heck & Associates LLP
580 E Rich St Fl 2
Columbus, OH 43215-5335


FAX: (614) 413-2886