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digi_SSLa
Apr 19th 2005, 11:38 am
Hi everyone!!

Please help.. :confused:
What are the differences between a domestic violence criminal protection order and a domestic violence civil protection order?

Thanks in advance.. :)

___________________
Social Security Attorney - "The law of helping and giving becomes a positive force."

noppid
Apr 19th 2005, 11:53 am
I'm no attorney, but civil is an argument or disagreement were no laws were broke but you can't get along and are ordered to stay away at one or the other parties request.

Criminal probably means there were laws broken and someone injured or threatened by an illegal action where the police or courts have stepped in an ordered the protection on behalf of the complaintant whether they wanted it or not.

Both are contemp of court charges. Felonies if you break the order. In the later case you probably escalate your original charges if you violate the order.

Corey Bryant
Apr 19th 2005, 6:13 pm
Check out Criminal Protection Orders (http://www.ohiodvresources.org/faq/viewitem.php?id=26)
A domestic violence criminal protection order, called a temporary protection order (TPO), provides more limited relief and remains in effect for a much shorter period of time. Specifically, a TPO may order the abuser not to commit any further acts of abuse and to stay away from the victim, her residence, her business, her place of employment or her school. The TPO may also contain other conditions specifically directed toward assuring the safety and protection of the victim. But a TPO cannot contain any orders for child support, spousal support, awarding use of an automobile or personal property, awarding child custody or visitation, or directing the abuser to obtain counseling. Equally important, the criminal protection order only remains in effect until the disposition of the criminal case, i.e., the abuser is acquitted of the underlying criminal charges or is convicted and sentenced for domestic violence. As a result, a TPO usually remains in effect for only a few months. By contrast, a civil protection order (CPO) may be valid and enforceable for up to five years after the issuance of the CPO. Moreover, a CPO may award temporary child support or spousal support, temporary child custody and visitation, including supervised visitation, award use and possession of an automobile or other personal property of the parties, or require the abuser to obtain counseling. If a party obtains a TPO and later obtains a CPO, the CPO is controlling and supersedes the criminal TPO.

noppid
Apr 19th 2005, 6:18 pm
What book of law is written so sexist? Are only women able to get a TPO?

What's the source of that quote? They say "her" too much. Women get in trouble too. :/

EDIT: Opps I see Ohio. Figures.