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The Domestic Abuse Shelter of Knox County

Legal Remedies

How to File a Criminal Complaint

Call 911 and a police officer or a sheriff's deputy will come to the place of the incident. The officer will write a report and you will be asked to write a statement.

  1. If you want to file charges, you can also request a Temporary Protection Order (TPO). The officer can arrest the offender at the scene. If the offender flees the scene, the officer can file a warrant for the arrest of the offender.
  2. If the injury is serious-visible injuries-the officer can arrest the offender at the scene without the request or permission of the victim.
  3. Ohio has a preferred arrest statute. Therefore, if a complaint is made for a crime of domestic violence, law enforcement will most likely make an arrest.
  4. The officer must determine who is the primary aggressor. The factors used to determine the primary aggressor are:
    • History of violence
    • The injuries and comparative severity
    • Self-defense: who initiated and who retaliated
    • Each person's fear due to threat and reasonableness of fear
    If it is not clear who the primary aggressor is, the officer will tell you to go to the prosecutor's office the next day. The prosecutor will decide whether to file charges. When the papers are prepared you need to take them to the clerk of courts to sign the request for a Temporary Protection Order.
  5. If the officer does not arrest the offender, a clear statement must be written on the law enforcement report by the officer to document reason for not arresting.
  6. If the assault happened a day or two ago, you can file a complaint at the Police Department if the offense occurred in the city or at the Sheriff's Department if the offense occurred in the county. The City Law Director will evaluate your case to determine whether to file criminal charges.
  7. When the offender is arrested, he/she is booked. The offender could bond out on $1000. A condition of bond could be to stay away from the victim.
  8. If an arrest is made, you should go to court on Tuesday or Friday for the arraignment. You can have a support person of your choice there for you. The New Directions advocate is available to go with you. You should call the Clerk of Courts (393-9510) to find out when the arraignment is.
  9. The offender is given the opportunity to plead guilty, not guilty, or no contest. If he/she pleads guilty or no contest -admitting to the facts of the case, without guilt- he/she will be found guilty. Usually a pre-sentence investigation is ordered and sentencing is set for a later date. The judge will most likely issue a temporary protection order to the victim at that time to be in effect until the offender is sentenced.
  10. If the offender pleads not guilty - they usually do and request a jury trial - the trial will be set for approximately thirty days. Then they will read the request for the TPO. The judge will ask if the complainant is present. You will be asked to go to the prosecutor's table and state your address. You do not have to state your address in open court. You will also be asked other pertinent questions. If the TPO is ordered, the judge may reduce the bond to ten percent or a bond on own recognizance. The offender may also have to attend AA meetings.
  11. The offender will be ordered to stay away from you, your children if they witnessed the abuse, and your place of work or school until the disposition of the case. You may call the offender, but he/she is not allowed to call you. No provisions are made for visitation, financial support or property. All such matters must be arranged with a private attorney. It is possible for the male offender to be ordered to MEND, the group for men who batter, but it is up to the judge. The MEND group is facilitated by a male therapist and a female therapist at Moundbuilders (397-9442). The female offender may be ordered to attend classes at New Directions. A TPO is in effect until the offender is sentenced. Then you would need a CPO for protection.
  12. You will be notified of hearings and you will be required to attend at least one hearing and testify. You will be asked to prepare a victim impact statement. You have a right to have an advocate in court with you. To obtain information about hearing dates, you can call the Clerk of Court. It is very important that you inform the Clerk of Court of any changes in your address or phone number.

    Clerk of Courts, Municipal Court, 5 North Gay Street, 393-9510

REMEMBER: Once a criminal charge is filed, you cannot drop the charge under any circumstances. You are not responsible for charging the offender. Domestic Violence, Stalking, and Aggravated Trespass are crimes against the State of Ohio. You are a victim. The prosecutor or the judge may dismiss a case. If that is what you want, you should call the prosecutor to discuss your request.

Temporary Protection Order (TPO)

If you file a criminal complaint alleging a crime of domestic violence, felonious assault, aggravated assault, assault, menacing by stalking, or aggravated trespass and you are a family or household member you can request a TPO. A TPO can order the abuser to stay away from your residence, workplace, or school. It can order the abuser to refrain from telephoning, harassing, or threatening you directly or through another person. It can also include any other terms necessary to ensure your safety and protection. It can include children, if necessary.

The arresting officer can also file a request for a TPO on your behalf in an emergency.

How to File A Motion for a Temporary Protection Order (TPO)

When the officer, the victim or the prosecutor files criminal charges, it is likely that the offender will be arrested and the judge will issue a temporary protection order at the arraignment that is held on the next business day after the arrest. It is important that you attend the arraignment if you are in need of a temporary protection order.

  1. You will be required to appear at a hearing that will be scheduled within 24 hours of filing the motion or on the next business day. At the hearing, you must explain to the judge why a temporary protection order is necessary to protect yourself or a family member from further harm by the offender. If you fail to appear the judge may order a TPO anyway.

REMEMBER: A TPO is effective only until the abuser is found guilty or not guilty of a criminal charge and sentenced. If you believe that you are still in danger you can file a petition for a Civil Protection Order at the Common Pleas Court. The process for obtaining a CPO is described below.

Anti-Stalking Protection Order

If you file a criminal complaint alleging a crime of aggravated menacing, or menacing by stalking, or menacing, or aggravated trespass was committed and you are not a family or house hold member, you can request an Anti-Stalking Protection Order. An Anti-Stalking Protection Order can order the abuser to stay away from your residence, workplace, or school. It can order the abuser to refrain from telephoning, harassing, or threatening you directly or through another person. It can also include any other terms necessary to ensure your safety and protection.

Civil Protection Order (CPO)

Against Domestic Violence, Stalking or Trespassing

If you, a family member or household member has been the victim of domestic violence, stalking, trespassing, or an act with respect to a child that would result in the child being an abused child and the offender is a family or household member you can file a Petition for a CPO.

In a CPO, the judge can order the abuser to stay away from your residence, workplace, and school. The judge can order the abuser to refrain from abusing you, telephoning you, harassing you, or threatening you directly or through a third party. The judge can award custody and establish visitation rights with regard to the children. The judge can order child support, spousal support, exclusive use of the residence, counseling, use of a motor vehicle, division of property, except for real estate, and any other relief necessary for your protection and the protection of other family members.

How to File a Petition for a Civil Protection Order (CPO)

Call Southeastern Ohio Legal Services (SEOLS) in Newark at 1-888-831-9412, or a private attorney and say you want to file for a Civil Protection Order. You can also file the petition on your own behalf. Applications are available at the Court of Common Pleas (111 East High Street, Mt. Vernon) or at New Directions.

  1. SEOLS or a private attorney will discuss your case with you to determine if you may qualify for a Civil Protection Order.
  2. If it appears that you may qualify for a Civil Protection order, SEOLS or a private attorney will assist you in preparing the petition and filing the petition at the Common Pleas Court.
  3. There are no filing fees, but there would be attorney fees if you hire a private attorney.
  4. Custody, visitation, child support, spousal support, and counseling can be ordered.
  5. You can ask the court to grant you an ex-parte order (only you and the magistrate are present) when the petition is filed. An ex-parte order is a protection order that goes into effect before a full hearing. If the ex-parte order is granted, it will remain in effect until the hearing on the Civil Protection Order.
  6. A full hearing for the CPO will be scheduled within seven to ten days of filing a petition for a CPO. At the hearing, you must explain to the judge why a CPO is necessary to protect yourself or a family member from further harm by the offender. If you fail to appear at the hearing, the judge will not grant a CPO.
  7. If you are granted a CPO, you can ask that it remain in effect for up to five years.

Violation of Protection Orders

If the abuser violates a Temporary Protection Order or a Civil Protection Order, you should call 911.

Violating a Temporary Protection Order, a Civil Protection Order or an Anti-Stalking Protection Order is a criminal offense. The police or sheriff responding to your call may file a criminal complaint or they may advise you to file the criminal complaint. The preferred course of action in Ohio is that an arrest be made when there is reasonable cause to believe that a Temporary Protection Order or a Civil Protection Order or an Anti-Stalking Protection Order has been violated.

Section 2919.27
Violation of Protection Order

(A) No person shall recklessly violate any terms of a protection order issued or consent agreement approved pursuant to section 2919.26 or 3113.31 of the Revised Code or the terms of an anti-stalking protection order issued pursuant to section 2903.213 or the Revised Code.

Divorce

You need to hire a private attorney. Fees range from $250 - $2500 for a retainer. Contested custody cases can cost much more. The filing fee is $250. If you have no money, it may be possible for the attorney to file a poverty affidavit that will pay the filing fee.

When you file for a divorce, you can request a Temporary Restraining Order, which restrains everyone from disposing of property and sets other limits. You can also request a motion to vacate, which means he can be ordered to vacate the marital home. If the attorney writes the order into the motion to vacate, the officers who serve the papers can force him to leave. If the orders for the officer to force him to leave are not written in, and he refuses to leave, you must file a contempt of court and it will go to a court for a hearing to decide who gets to live in the house.