IN THE COURT OF COMMON PLEAS, [COUNTY] COUNTY, OHIO
DOMESTIC RELATIONS / FAMILY COURT DIVISION
DOMESTIC VIOLENCE CIVIL PROTECTION ORDER
(Ohio Rev. Code Ann. § 3113.31)
Case No.: ____
Judge: ___
Petitioner: [PETITIONER FULL LEGAL NAME]
Address: [PETITIONER ADDRESS – MAY BE OMITTED FOR SAFETY]
v.
Respondent: [RESPONDENT FULL LEGAL NAME]
Address: [RESPONDENT ADDRESS]
Effective Date: __
Expiration Date: __ (not to exceed five (5) years unless extended per statute)
[// GUIDANCE: Use this template for both ex parte and full hearing CPOs. Delete bracketed guidance before filing. Tailor relief to facts presented and statutory authority under R.C. 3113.31(E).]
TABLE OF CONTENTS
I. Document Header
II. Definitions
III. Findings & Operative Protective Provisions
IV. Additional Relief (Support, Custody, Property)
V. Compliance, Enforcement & Penalties
VI. Modification, Renewal, and Termination
VII. Notice, Service & Full Faith and Credit
VIII. General Provisions
IX. Execution Block
I. DOCUMENT HEADER
- Jurisdiction. This Court, having found that it possesses subject-matter jurisdiction under Ohio Rev. Code Ann. § 3113.31 and personal jurisdiction over Respondent, hereby issues this Domestic Violence Civil Protection Order (“Order”).
- Purpose. The purpose of this Order is to protect Petitioner and other protected persons from domestic violence and related threats or harassment, and to provide such other relief as authorized by law.
II. DEFINITIONS
For purposes of this Order:
A. “Protected Parties” means:
1. Petitioner, [PETITIONER NAME];
2. The following minor child(ren): [NAME(S) & DOB(S)];
3. Any other family or household member expressly identified here: [ADDITIONAL NAMES].
B. “Prohibited Conduct” means any act of domestic violence, stalking, harassment, intimidation, threats, or any contact in violation of Section III of this Order.
C. “Residence” means the dwelling located at [ADDRESS] or any subsequent address specifically identified by the Court.
D. “Law Enforcement Agency of Jurisdiction” means the sheriff’s office or municipal police department with primary authority over the location where enforcement is sought.
III. FINDINGS & OPERATIVE PROTECTIVE PROVISIONS
3.1 Findings. Based upon the evidence presented, the Court finds by a preponderance of the evidence that Respondent engaged in domestic violence as defined in R.C. 3113.31(A)(1) and that the following relief is necessary for the safety and protection of the Protected Parties.
3.2 No Contact / Stay-Away. Respondent SHALL:
a. Refrain from entering or attempting to enter the Residence, the Protected Parties’ places of employment, schools, daycare facilities, or any location where the Protected Parties are known to be.
b. Refrain from initiating or facilitating any contact with Protected Parties, directly or indirectly, including but not limited to in person, by telephone, text, email, social media, or through third parties.
3.3 Vacate and Possession of Residence. Respondent SHALL immediately vacate the Residence and surrender all keys, garage door openers, access codes, or other means of entry to law enforcement or Petitioner. Exclusive use of the Residence is awarded to Petitioner.
3.4 Firearms & Deadly Weapons. Pursuant to R.C. 3113.31(E)(1)(v) and applicable federal law, Respondent is prohibited from possessing, using, carrying, or obtaining any firearm or deadly weapon for the duration of this Order and SHALL surrender all such items within twenty-four (24) hours to [LAW ENFORCEMENT AGENCY].
3.5 Distance Restriction. Respondent SHALL remain at least [500] feet away from Protected Parties and the Residence.
[// GUIDANCE: Adjust distance restriction to the facts. Standard ranges are 100–500 feet.]
IV. ADDITIONAL RELIEF
4.1 Temporary Custody & Parenting Time.
a. The Court grants temporary custody of the minor child(ren) to Petitioner.
b. Parenting time for Respondent is [suspended / supervised at [FACILITY] / as set forth in attached schedule].
4.2 Child and Spousal Support. Respondent SHALL pay temporary child support in the amount of $[AMOUNT] per month and temporary spousal support in the amount of $[AMOUNT] per month, commencing [DATE], through the Ohio Child Support Payment Central (CSPC).
4.3 Vehicle / Personal Property Retrieval. Respondent may retrieve personal effects only once, on [DATE/TIME], in the presence of a law-enforcement officer.
V. COMPLIANCE, ENFORCEMENT & PENALTIES
5.1 Criminal Penalties. A knowing violation of this Order may result in arrest and prosecution under Ohio Rev. Code Ann. § 2919.27, punishable as a misdemeanor of the first degree or, upon prior convictions, a felony of the fifth degree.
5.2 Civil and Contempt Remedies. The Court retains jurisdiction to enforce this Order through its contempt powers, including incarceration, fines, and any other lawful sanctions.
5.3 Law Enforcement Entry. Peace officers are authorized to use all reasonable and necessary force to effectuate service, remove Respondent, and enforce all terms herein.
VI. MODIFICATION, RENEWAL, AND TERMINATION
6.1 Modification. Either party may move to modify this Order pursuant to R.C. 3113.31(E)(8)(b). No modification is effective until entered by the Court.
6.2 Renewal. Prior to expiration, Petitioner may apply to renew this Order for an additional term not to exceed five (5) years per renewal.
6.3 Termination. This Order remains in full force and effect until the Expiration Date unless earlier terminated by written order of this Court.
VII. NOTICE, SERVICE & FULL FAITH AND CREDIT
7.1 Service. The Clerk of Courts SHALL forthwith cause certified copies of this Order to be served upon Respondent and appropriate law-enforcement agencies in the manner prescribed by Civil Rule 65.1 and R.C. 3113.31(F)(3).
7.2 Entry into State & Federal Databases. The Clerk SHALL ensure entry of this Order into the Ohio Law Enforcement Automated Data System (LEADS) and the National Crime Information Center Protection Order File (NCIC POF).
7.3 Interstate Enforcement. Pursuant to 18 U.S.C. § 2265 and R.C. 3113.31(M)(1), this Order is entitled to full faith and credit in every state, territory, and tribal land of the United States.
VIII. GENERAL PROVISIONS
8.1 Conflicts of Law. To the extent federal law imposes additional restrictions on Respondent’s firearm possession, such federal provisions shall control.
8.2 Severability. Should any provision of this Order be held invalid, the remaining provisions shall continue in full force and effect.
8.3 Copies. Certified copies of this Order shall have the same effect as the original. Photocopies and electronic copies are admissible to the same extent as the certified original.
IX. EXECUTION BLOCK
IT IS SO ORDERED.
Date: ___, 20_
Judge [JUDGE NAME]
Court of Common Pleas, [County] County, Ohio
[Seal]
ACKNOWLEDGMENT OF RESPONDENT (Optional if served in open court)
I, [RESPONDENT NAME], hereby acknowledge receipt of this Domestic Violence Civil Protection Order and understand its terms and the penalties for violation.
Signature: _____ Date: _____
LAW ENFORCEMENT RETURN OF SERVICE
I certify that on the ___ day of _, 20, I served a true copy of this Order upon Respondent at ________.
Officer: _____ Badge No.: __
Agency: ____
[// GUIDANCE:
1. File with the Clerk immediately upon issuance; obtain certified copies for Petitioner and law-enforcement.
2. Consider attaching “Firearm Surrender Instructions” form if required by local rule.
3. Remove any extraneous sections (e.g., support) if not requested or applicable.
4. For ex parte orders, schedule full hearing within seven (7) to ten (10) business days per R.C. 3113.31(D)(2)(a).]