FORM 10.01-B: HOW TO OBTAIN A DOMESTIC VIOLENCE CIVIL PROTECTION ORDER (“CPO”) FORMS TO FILL OUT FOR A DOMESTIC VIOLENCE CPO To obtain a CPO, you need the following documents. You can get all of these documents from the Butler County Domestic Relations Court or go to http: www.butlercountyohio.org/drcourt/pages/domestic_violence.htm: 1. Petition for Domestic Violence Civil Protection Order, Form 10.01-D. 2. Domestic Violence Civil Protection Order Ex Parte, Form 10.01-H. 3. If you are requesting temporary custody of a child, Information for Parenting Proceeding Affidavit, Form 10.01-F. 4. If you request financial support, you might need to fill out additional forms that the Court will provide you. Complete the Petition for a CPO form. Complete additional forms if applicable. Take these documents to the Domestic Relations Court. FILING THE PETITION FOR A DOMESTIC VIOLENCE CPO FORM Present your completed forms to the Domestic Relations Court. You should know that neither the Clerk of Court nor other Court employees can provide you with legal advice. There is NO FEE for filing the Petition for a CPO form. VICTIM ADVOCATE State law permits you to have a victim advocate with you at all times in court during protection order proceedings. “Victim advocate” means a person who provides support and assistance for a victim of an offense during Court proceedings. Contact your local victim assistance program, local domestic violence program, or the Ohio Domestic Violence Network, 800-9349840, for advocate information. ATTENDING THE EX PARTE COURT HEARING You must appear in front of a judge or magistrate for the ex parte hearing. The judge or magistrate listens to your testimony. You should tell the judge or magistrate what the Respondent did to make you fear that you or a family member may be in danger. Tell the judge or magistrate if the Respondent injured you, attempted to injure you, or threatened you. Tell the judge or magistrate what you would like the Court to do to help keep you and other family members safe and to protect the children. For example, you might ask the judge or magistrate to: 1. Order the Respondent to stay away from you; 2. Order the Respondent to be removed from your home; 3. Order the Respondent to get counseling; 4. Award you custody of any children; 5. Order the Respondent to have visitation only under conditions that will keep you and the children safe; 6. Order the Respondent to pay you child support and/or spousal support (alimony); 7. Order the Respondent to be prohibited from having any weapons; 8. Award you possession of a car for your use; 9. Award you possession of your personal property and the children’s personal property. FORM 10.01-B: PROCEDURES FOR OBTAINING A DOMESTIC VIOLENCE CIVIL PROTECTION ORDER Amended: July 1, 2010 Discard all previous versions of this form American LegalNet, Inc. www.FormsWorkFlow.com [Page 2 of Form 10.01-B] If the judge or magistrate determines that you or your family or household members are in danger of domestic violence, the judge and/or magistrate signs an Ex Parte CPO. The judge or magistrate then sets a second hearing (called a “full hearing”) within seven to ten business days to give the Respondent a chance to be heard. You must appear at the full hearing. Some issues, such as support, may be postponed until this second hearing. YOU MUST ATTEND THE FULL HEARING The full hearing on the Petition for a CPO will be set within seven to ten business days after the ex parte hearing. You must attend the full hearing. You may have an attorney present with you at the full hearing. At the full hearing you must tell what happened again. This time you tell what happened in more detail. Bring with you any witnesses and evidence you have, such as photographs, answering machine tapes, other audio and video recordings, papers such as police reports, hospital records, etc, and any other evidence that will help you prove that the Respondent committed domestic violence against you or another family or household member. Tell the judge or magistrate why you fear the Respondent. You may call the Respondent as a witness to help you prove your case. Tell the judge or magistrate again what you want the Court to do to help keep you and your family members safe. The Respondent may have an attorney. You may want to ask for a continuance in order to get an attorney. The Respondent may also present evidence and call you as a witness. You may be asked questions by the Respondent or the Respondent’s attorney. After the hearing, if the judge or magistrate decides you are entitled to a CPO, the Court issues a new CPO called a “Domestic Violence Civil Protection Order ‘CPO’ Full Hearing.” This CPO is usually more detailed than the Ex Parte CPO issued after the first hearing. The judge or magistrate could also deny your Petition for a CPO if the Court decides you are not entitled to a CPO. The law does not allow the Court to issue a protection order against you, unless the Respondent has filed a separate action against you. At the full hearing, you and the Respondent can decide to enter into a Consent Agreement instead of having a hearing in front of the judge or magistrate. If you decide to enter into a Consent Agreement, give the judge or magistrate the Consent Agreement and Domestic Violence Civil Protection Order Form 10.01-J contained in the “How to Get a Domestic Violence Protection Order” packet. The Court should also have a Consent Agreement and Domestic Violence Civil Protection Order form available. ENFORCING YOUR CPO Your CPO remains in effect for five years, unless the Court sets a different expiration date. Violating a CPO is a crime. If the Respondent violates the CPO, it is a crime. Immediately contact the police. You may also bring a contempt action in domestic relations division of the Court for CPO violations. A contempt action is brought because the Respondent is disregarding the Court’s order. You must complete and file a contempt motion with the Domestic Relations Court to begin a contempt action against the Respondent. CRIMINAL COURT In addition to the ex parte hearing and full hearing in domestic relations division of the Court, you should attend all meetings and hearings as requested by the prosecutor and the Court related to any criminal case filed against the Respondent. Tell the domestic relations division of the Court about any pending criminal cases. Tell the criminal court about any pending domestic relations division of the Court cases. Any Domestic Violence Temporary Protection Order (“DVTPO”) issued by a criminal court expires as soon as the criminal case is ended. A DVTPO issued by a criminal court also expires when a CPO is issued by the domestic relations division of the Court based upon the same facts. FORM 10.01-B: PROCEDURES FOR OBTAINING A DOMESTIC VIOLENCE CIVIL PROTECTION ORDER Amended: July 1, 2010 Discard all previous versions of this form American LegalNet, Inc. www.FormsWorkFlow.com