How to Fight a Criminal Protection Order in Summit County
Criminal protection orders are issued by courts during criminal proceedings and last through the duration of a trial. However, you may be able to get a criminal protection order dismissed with the help of a qualified Akron criminal defense attorney. Find out how to fight a criminal protection order in Summit County.
What Is a Criminal Protection Order?
Also referred to as a criminal temporary protection order (TPO) because it lasts only for the duration of a criminal trial, these TPOs are available when abusers are facing trial for domestic violence, sex offenses, or stalking charges. They’re obtained through the district attorney or a law enforcement officer associated with the case. Victims can request them at any time during the legal process.
Criminal protection orders are more limited in scope than civil protection orders. They focus on no-contact orders to keep the defendant away from the alleged victim, and they only last until the trial ends or a civil protection order (CPO) goes into effect for the same incident. Criminal protection orders are often part of a defendant’s bail conditions.
Why Are Criminal Protection Orders Issued?
Criminal protection orders are issued to protect the safety of alleged victims in domestic violence disputes, stalking cases, and certain types of sexual offenses. Domestic violence rates have been on the rise in Ohio in recent years. Deaths associated with domestic violence, including those of both victims and offenders, rose by 37% from 2024 to 2025.
TPOs can help to protect victims during criminal proceedings, but they can also place unfair restrictions on defendants who have yet to be found guilty of any crime. If this is true of your criminal protection order case, you may be able to get the TPO dismissed with the help of an attorney.
How to Get a TPO Dismissed
TPOs may be dismissed if CPOs are filed in civil court, as these take precedence over criminal protection orders. However, this rarely helps defendants. Defendants in criminal cases may also be able to get TPOs dismissed with the help of an attorney if the facts of the case support a dismissal. To do so, you must:
- Submit paperwork. We can help you fill out paperwork with the same Summit County court that issued the order and ask for a hearing. It’s usually the Summit County Court of Common Pleas, located at 205 S. High St. in Akron.
- Hearing. You may be asked to attend a hearing regarding the dismissal of the TPO. We can represent you during this hearing, where you may be allowed to speak and also introduce evidence that shows why the TPO should be lifted. We can help you gather evidence of changed circumstances, compliance with court terms, or other facts that support no longer needing to have the order in place.
- Decision. The judge makes a decision after they have been presented with all of the facts. The judge has the sole discretion to decide whether the order should be lifted. Even if the person it is intended to protect agrees that it should be dismissed, the judge may keep the order in place if they believe it is still necessary to protect that person’s safety.
The protected person doesn’t have to agree to have the order removed, although that can help. If the protected person is opposing your request, we can still help you gather evidence and present legal grounds for terminating the order.
Do Not Violate a Protection Order
Even if you disagree with the imposition of a TPO during a criminal case, you should not violate it. Violation of a protection order is considered a misdemeanor in the first degree, and you could face additional charges. Violating a protection order may also make it harder to get the TPO dismissed at a court hearing.
FAQs
How Can You Get Rid of a Protection Order in Ohio?
To get rid of a protection order in Ohio, you must file a formal motion to modify or terminate the order with the specific court that issued it. You must give clear reasons that justify terminating the order, such as changed life circumstances or good behavior. The court may set a date for a hearing, allowing both sides to speak and present evidence to a judge, who decides whether to stop the order.
How Much Does It Cost to Get a Restraining Order Dismissed?
How much it costs to get a restraining order dismissed in Ohio varies depending on the circumstances of the case. While there is no court filing fee, you should expect to pay attorney fees. As the respondent, you can file a motion to terminate the agreement, but you must prove a substantial change in circumstances, which is difficult to do without a skilled criminal protection order attorney.
Can a Judge Dismiss a Criminal Protection Order?
A judge can dismiss a criminal protection order before the case is over, but the process requires a formal request and a court hearing. Both sides can speak and present evidence at the hearing. The judge then has final authority and can decide to dismiss the order or keep it in place depending on whether they believe there is still a threat to the protected person.
How Long Does a Criminal Protection Order Last in Ohio?
A criminal protection order in Ohio lasts only as long as the related criminal case is pending. The order remains in effect throughout the court proceedings and automatically expires when the case is resolved, whether the charges are dismissed, the defendant is found not guilty, or sentencing occurs. If the defendant is convicted and given probation, the victim may request a separate no-contact order as part of the sentencing.
Hire a Criminal Protection Order Lawyer Today
If you’ve been placed under a criminal protection order as part of an ongoing trial, you may be able to get it dismissed. You should hire a criminal protection order lawyer to help you with this process. You can trust the team here at DiCaudo, Pitchford & Yoder to handle your case with the care and seriousness it deserves. Let us leverage our decades of legal experience and in-depth knowledge of Summit County criminal protection order laws to help with your case. Contact us today.
