Can
I get a Criminal Protection Order any time?
No. In order
to get a Criminal Protection Order, one of the charges mentioned in What
is a Civil Stalking Protection Order? must be filed against the
defendant. Protection orders are usually granted in Arraignment Court; however,
they can be requested at any time during the criminal case.
Why
do I have to come to the Arraignment Court Hearing?
In order
to get a Criminal Protection Order you need to be present at Arraignment Court.
Typically, a hearing is held in order to establish grounds to consider granting
the Criminal Protection Order. A hearing must be held allowing the Judge and
the defendant's attorney a chance to hear from you what happened and why you
want the protection order.
Arraignment
Court is also where the Judge sets bond on the defendant, and we need to know
your feelings about his/her release.
What
will happen in Arraignment Court?
You will
probably be asked to stand in front of the Judge (a Domestic Violence Advocate
will be with you), raise your right hand and swear your statements are true.
The Judge, prosecutor and/or defendant's attorney may ask you questions. Answer
all questions as briefly and honestly as you can. The Judge wants to hear
what happened during the incident and why you want a protection order.
Be aware
that any information you give under oath can and may be used by the defendant's
attorney.
What
is the Domestic Violence Unit?
The Domestic
Violence Unit is a division of the City Attorney's Office, Prosecutor's Division.
The advocates are there to provide you with information about the court process,
answer your questions, and work as your connection to the prosecutor who will
be handling your case.
Because prosecutors
have so many cases, they have the staff from the Domestic Violence Unit help
them. The prosecutors rely on the professionally trained, experienced Domestic
Violence Advocates to provide you with support and assistance and to help
them successfully prosecute your case.
What
is bond?
Bond is intended
to insure the defendant's return to court, it is not a punishment for the
incident. If the defendant has a history of not showing up for court, of if
there are previous convictions for criminal acts, or if the defendant is charged
with a felony crime such as murder/rape, the Judge may set a high bond.
What
kind of bond will be set in my case?
The Judge takes many
different things into consideration when setting bond. There are several types
of bond:
The Judge will also
take into consideration such facts as whether the defendant has a job, has
been convicted of a crime of violence against a family member, has disobeyed
protection orders in the past, the extent of your injuries, and other information.
Can
the Judge include my child(ren) on the Criminal Protection Order?
Usually the Judges
will not include your child(ren) on the Protection Order unless a charge was
filed on behalf of the child. Custody of children is decided by Domestic Court,
not Criminal Court.
Unless ordered by
a Judge, the defendant has the right to visit his/her children. As long as
there is a Protection Order in effect, the defendant needs to make alternative
arrangements for getting the child(ren). For example, having the child(ren)
dropped off at a neutral location (relative, neighbor's home). Visitation
does not give the defendant the right to enter your place of residence.
If you have questions regarding visitation, please contact your Domestic attorney.
If
I obtain a Protection Order from the court, does that mean the defendant has
been found guilty?
No. The issuance
of a Criminal Protection Order does not mean the defendant has been found
guilty. The prosecution must still prove your case "beyond a reasonable
doubt" at trial. You must take steps to preserve your evidence for trial.
It is very important to remember any witnesses and evidence that may help
us prosecute your case. Be sure to let the advocate or prosecutor know if
there is additional evidence.
What
should I do if there is a violation of the Protection Order?
The
violation of a Protection Order is a criminal offense in addition to any criminal
charges already filed.
If the defendant
violates the Criminal Protection Order or the protective provision of the
CPO/CSPO in any way, call the police. DO NOT ATTEMPT TO REASON OR ARGUE
WITH THE DEFENDANT. GET YOURSELF TO SAFETY. If the defendant is in your place
of residence or work and refuses to leave, the police can arrest the defendant
for violating the Temporary Restraining Order (Section 2919.27 of the Ohio
Revised Code), which would mean you would have an additional case pending
against the defendant and possibly different court dates for each case. When
the police arrive, show them a copy of your Protection Order. The police will
want to confirm the validity of the Protection Order with their records department
or the Clerk of Courts.
Ask the police
to make a report regarding the Protection Order violation (even if the officer
does not make an arrest). Also, write down the officer's name and badge number
so that the prosecutor's office can contact the officer if it becomes necessary.
If the police
do not file the Violation of a Protection Order charge, you should contact
the Domestic Violence Unit. If the Domestic Violence Unit is closed, go to
the Prosecutor's Office Intake department. The Domestic Violence Unit is open
Monday - Friday 8:00 - 4:30; Intake is open Monday - Friday 8:30 a.m. - 11:00
p.m., Saturday 10:00 a.m. - 10:00 p.m., and Sunday 10:00 a.m. - 6:00 p.m.
What
should I do about pressure from friends, family, the defendant or defendant's
attorney?
When a criminal
charge is filed, a lot of different things can happen. You may receive advice
from friends and family, calls or visits from the defendant, calls from the
attorney for the defendant, etc. Regardless of who you speak to, remember
the prosecutor represents the state and your interest. If any person threatens
or pressures you to ask for a dismissal or just not to show up, please tell
the Domestic Violence Unit of the prosecutor immediately. Make sure
when speaking with any person who identifies himself or herself as an attorney,
you get their name and phone number. If anyone calls saying they are from
the Prosecutor's Office, get their name.
What
do I do if the defendant's attorney contacts me?
You are under
no obligation to discuss this case with anyone other than a representative
of the Prosecutor's Office. You may be contacted by the defendant's attorney
regarding dropping charges. You may talk to the attorney, but you do
not have to. While they may be very understanding and friendly,
they are working for the defendant. Be careful what you say. Don't say
anything you wouldn't want heard on the witness stand. Before making any decision
you need to speak to the prosecutor for his/her advice regarding the outcome
of the case.
What
should I do about phone calls?
If the defendant
is in jail they can only make reverse charge calls unless they get an outside
party with a 3-way phone service to call for them. Annoying calls from the
jail should be reported to the Domestic Violence Unit.
Telephone
calls made by the defendant's friends or family members to you or your family,
or hang-up calls, are not considered a violation of the protection order.
There may, however, be additional charges under certain circumstances. Check
with the Domestic Violence Unit if you are not sure. One solution to this
problem is to hang up!
Will
I have to come back to court?
You may have
several court appearances before the case is finally over. You will probably
be subpoenaed to appear in court several times. After arraignment court there
is usually a pre-trial hearing scheduled. This hearing gives the prosecutor
a chance to review your case, discuss it with the defendant's attorney and
determine whether the case should be scheduled for trial. There may be more
than one pre-trial. After all pre-trial issues are resolved, the case is usually
scheduled for a jury trial or a court trial. Again, there may be more than
one scheduled date. On the day of a jury or court trial, the prosecutor is
only able to take one case to trial. This must be the oldest case.
If your case is not the oldest, it may be rescheduled.
We recognize
that coming back to court is inconvenient. We ask your cooperation in this
since we are one of the busiest courts in the country. If you are working
close to downtown, we may be able to put you on call. Please check with you
Domestic Violence Unit advocate or your prosecutor regarding being placed
"on call". Unfortunately, it is not possible to schedule court dates
around your work schedule, vacation, etc.
How
will I know when to come back to court?
You will
receive a subpoena in the mail. It could come as soon as the same week as
the arraignment or as long as a month later. If the defendant is in jail,
expect to return to court in approximately 10 days or less. The subpoena will
tell you the correct date, time and courtroom.
If you are
concerned about receiving your mail, we suggest a call to the Domestic Violence
Unit to check on the status of your case. You will need the defendant's name
and case number to receive information.
NOTE: Please
make sure the Domestic Violence Unit has your current address and phone number.
If you move or are staying with friends, we need that address. Make sure you
can safely get your mail at the address you give us.
What
if I miss work?
If you miss
work due to a subpoena to appear in court, the law states that your employer
cannot punish you. Specifically, no employer shall discharge, discipline or
otherwise retaliate against a victim of a member of the victim's family for
participation, at the prosecutor's request, in a criminal proceeding. Any
employer who violates this section is in contempt of court. Please make your
advocate aware if you are having problems with your employer.
Your employer,
however, is not required to pay you for the time you are absent from work.
Your advocate
can provide you with a work/school excuse if needed.
What
does my subpoena mean?
The subpoena
is a court order requiring you to appear in court. If you are subpoenaed to
appear in court and do not appear, it makes it more difficult for the prosecution
to prove the case. In addition, the court may hold you responsible for any
court costs that have accrued in the case and/or hold you in contempt of court.
It is very important that you come to all court hearings on time!
What
can happen to the defendant?
All charges
in Municipal Court are misdemeanors. Depending on the degree of the misdemeanor,
the maximum sentence will vary. The following are the degrees of misdemeanors
and the maximum penalties.
| Classification |
Maximum
Confinement
|
Maximum
Fine |
| |
|
|
| Misdemeanor 1 (M-1) |
6
months
|
$1,000
|
| Misdemeanor 2(M-2) |
90
days
|
$
750
|
| Misdemeanor 3(M-3) |
60
days
|
$
500
|
| Misdemeanor 4(M-4) |
30
days
|
$
250
|
| Minor Misdemeanor
(MM) |
None
|
$
100
|
Despite what
you may hear about the defendant going to jail or losing his/her job, please
remember - Jail is only one option. It is not the only option.
Our court has an excellent probation department which makes regular referrals
for drug and alcohol counseling or domestic violence and anger management
counseling.
Can
the court order the defendant to get counseling?
Yes. The
court may be agreeable to placing the defendant on probation and ordering
him/her to attend domestic violence/drug/alcohol counseling. You need to make
sure the prosecutor/Domestic Violence Unit is aware of your request for counseling.
This cannot take place until the defendant has been put on probation after
being found guilty. THIS WILL NOT HAPPEN AT ARRAIGNMENT COURT.
Can
the Court order the defendant to pay bills, child support, etc.?
No. This
type of order is obtained in Domestic Relations Court (divorce court).
It is not
unheard of for the defendant to have utility services in their name cut off
as a means of pressuring you. You can avoid this by having the utility companies
place the services in your name. If you have a Criminal Protection Order,
the defendant is not allowed to turn off your utilities. If this happens,
it could be a violation of the protection order. See What
should I do if there is a violation of the Protection Order?
How
do I get paid back for any damages such as furniture, hospital bills, etc.?
Payment for
damages is known as restitution. Restitution is usually handled by Small Claims
Court or may be covered by the Crime Victims Compensation Fund. Ask a Domestic
Violence Unit representative if you have any questions.
What
if I want to drop the charge?
First of
all, please be aware of the fact that you are a witness for the prosecution.
Even though you are the person who suffered as a result of the crime, the
case is "State of Ohio or City of Columbus -vs- (Name of Defendant)."
The prosecutor is responsible for making decisions about all cases.
THE
CITY PROSECUTOR'S OFFICE DOES NOT DISMISS CHARGES SOLELY UPON YOUR REQUEST.
This doesn't mean we don't need your input, but it does mean that either the
prosecutor or judge will make the final decision about the case.
What
if he/she had my keys, money or property when he/she was arrested?
The defendant
cannot be made to release any possessions, including money, property, checks,
keys and other belongings, without a court order directing the person (or
jailer) to remove such items. Most Judges will not address the release of
property since they consider it a civil matter, out of their jurisdiction.
What
about the defendant's property and clothes?
Generally,
the Judge will ask if the defendant has clothing at your place of residence.
If so, the Judge may tell the defendant to contact the police, who will escort
the defendant to your residence and wait while he/she gets clothing/personal
effects. This is not an opportunity for the defendant to move furniture. Should
you agree, you may want to allow a relative/friend of the defendant into your
home to collect their possessions. Another alternative would be for you to
pack the defendant's belongings and leave them where the defendant can collect
them. Should you have any questions, check with the Domestic Violence Unit.
What
happens if we run into each other in a public place?
If you and
the defendant see each other in a public place, we recommend that you don't
confront him/her. If the defendant doesn't leave, then you should leave with
someone, or call someone to be with you.
We
are aware that your situation may change during the course of this case. If
you resume your relationship with the defendant, move, change jobs or any
other significant change, please let the Domestic Violence Unit know immediately.
IMPORTANT!
FOR
YOUR SAFELY WE RECOMMEND THAT YOU: