Legal Question in Criminal Law in Ohio

cival protection orders

to my understanding a civil protection order is to help insure the safety of protected person.now the person who puts the cpo against will call and email and contact the person she put the order against and we are told she is allowed to do this .but he is not to have any contact with her how can she repeatedly she will say she is dropping the cpo until she is told something she doesn't want to hear . the she will call the cops to have him arrested. and the cops told her as long as things are going her way then she is ok but as soon as like for instance he tells her he doesn't want her to call then she calls the cops. we are told by the cops that she can do whatever she wants because she put the order against him . i was told that she can't do whatever she wants.the order is suppose to be for someone who is so scared of someone .she is not scared of him she comes to where he lived and had sex with him .i would think that the order would be void .i am told by 1 county she can't do whatever she wants and that breaks the cpo. and i am told by that county she can .could you please advise


Asked on 3/29/07, 11:48 am

1 Answer from Attorneys
Richard Cline Office of the Ohio Public Defender

Re: cival protection orders

Legally, a civil protection order is limited by the terms of the order. Unless the order itself prohibits the female from contacting the male, there is no such limitation. Many courts, however, are aware that the person seeking a civil protection order (the female, in your situtation) have abused the system by seeking the order then initiating contact, only to then call the police and allege that the other person (the male, in your situation) violated the CPO.

No matter what the female does, the male is bound by the terms of the CPO. She does not have the power to alter an order from the court. There is nothing she can do that ever makes it "right" for the male to have contact with her.

The male would be well advised to stay completely away from her. It does not matter why they have contact --- any contact at all is a violation of the CPO and can land the male in jail.

The male should ask himself: "Is it worth spending 180 days in jail to have this contact with her?"

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Answered on 3/29/07, 12:00 pm


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