How to File for a Restraining Order in Ohio

In the state of Ohio, victims of domestic violence, sexual assault, stalking and other crimes can obtain some personal protection by obtaining a restraining order (known in Ohio as a protection order). Domestic violence advocates are available so that you don't have to go through the process alone. It is also beneficial to obtain the services of an attorney, although this is not required. Here are the steps you will need to take to file for a restraining order (protection order) in Ohio.

Difficulty: Moderately Challenging

Instructions

Filing for a Protection Order in Ohio

1. Determine what type of protective order you will need. A domestic violence advocate or an attorney can help you decide. Ohio has civil and criminal protection orders for domestic violence and also for stalking or sexually oriented offenses. There is also an ex parte domestic violence civil protection order, which is issued immediately for cases where a victim may be in immediate danger.

2. Obtain the proper forms either by visiting the Ohio Domestic Violence Resource Center website (see link in Resource Section) or through your county's Clerk of Courts office. Be aware, however, that court employees cannot offer any sort of legal advice about your situation. They can only answer questions pertaining to the forms and the filing procedures. Your DV advocate and an attorney are your best resources for being fully informed and aware of all your options.

3. Complete these forms for a Domestic Violence Civil Protection Order: Petition for Domestic Violence Civil Protection Order Form 10.01-D, Domestic Violence Ex Parte Civil Protection Order Form 10.01-H and Information for Parenting Proceeding Affidavit Form 10.01-F (if you are requesting temporary custody of any children involved). If you need to request financial support as well, there will be additional forms provided to you by the Clerk of Courts office.

4. Complete Form 10.03-D for a Civil Stalking or Sexually Oriented Offense Protection Order.

5. Fill out these forms as completely and accurately as possible. Include all information that you want a judge to consider for your case. The forms provide step-by-step instructions for completing and filing your petition. Your DV Advocate can help you complete the forms, review and consider all the information you will need to include. Having a calm, rational "friend" by your side during such a stressful event will help to lessen anxiety and get you the help you need.

6. Have the form, and your signature, notarized. DO NOT SIGN THE FORM until you are in the presence of the notary public! Some Clerk of Court offices have notary publics available or can help you locate one.

7. Present your completed, notarized forms to the Clerk of Courts office for filing. The office will process your petition and inform you of the date and time of your hearing. You are required to attend any and all hearings scheduled by the court with regard to this matter.

Tips & Warnings

• Call 1-800-934-9840 if you have questions about getting a restraining order or 1-800-799-SAFE, nationwide. Let everyone (friends, family, neighbors, employers) know that you have a restraining order. Keep a copy of the order with you everywhere you go. Each county within Ohio may have different procedures. Contact your county's Clerk of Courts to determine the exact procedures for your place of residence.
• Call 911 immediately if the person violates the order. Contact a shelter or crisis center if you need a place to go to avoid danger.

Resources

• About Orders of Protection and Restraining Orders
• Ohio Domestic Violence Resource Center

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