Akron Temporary Protection Order Lawyers
Fighting to Get a TPO Lifted
If you've been accused of a domestic violence offense, even before your case is resolved, you could be subject to various sanctions. This is possible when the alleged victim petitions the court to issue a temporary protection order (TPO) in your name. Some courts will issue TPO’s automatically, without ever even talking to the alleged victim. If the court issues a TPO, you will be prohibited from have any contact (including in-person and phone/text message contact), and you may be ordered to refrain from engaging in specific conduct. Often, the TPO will even prohibit you from returning to your home. A TPO can place huge burdens on your life, prohibiting you from visitation with your children, and make it difficult for you to take care of essential tasks. Fortunately, you can fight back against a TPO. However, challenging the order requires going through several court processes and presenting a compelling argument to a judge.
At DiCaudo, Pitchford & Yoder, our Akron temporary protection order lawyers understand the frustrations of having this legal action taken against you. That is why we work hard to get the order lifted. Our team has over 30 years of combined experience and have obtained favorable case results for past clients. We know how to develop persuasive arguments. We will use our knowledge and skills to work toward getting a TPO removed, effectively allowing you to live your life as you once did.
Learn more about how our experienced team can help with your temporary protection order case by calling us at (330) 787-9841 today.
Who Can Seek a Temporary Protection Order Against Me in Ohio?
In Ohio, if your family or household member claims that you have harmed them and they fear future harm, they or a prosecutor can file a petition to the court for a TPO.
According to Ohio law, a family or household member includes:
- Spouse or ex-spouse
- People living together as spouses
- People related by blood or marriage, including parents and children
- People who have a child or children together (regardless of whether the parents lived together)
The alleged victim can request a TPO if you have been charged with a crime of violence against them, such as domestic violence, assault, menacing by stalking, or burglary. The individual could either make their request at your arraignment or at any time during your case.
What Does a TPO Do, and How Long Does It Last?
A temporary protection order may be issued if the judge decides that you might put the safety of the alleged victim at risk.
As such, the TPO may contain various conditions that place restrictions on you, including:
- Not committing any violent conduct or other offenses against the petitioner
- Not contacting the alleged victim
- Staying away from the individual's residence or place of work
A TPO is valid only until the conclusion of your criminal case. However, months may pass before a case is resolved, which means you must abide by the terms of the TPO for that entire period. Having a protection order in your name can place extra stress upon you. You must be careful in what you do and who contact; otherwise, you could be accused of a violation.
What Are the Penalties for Violating a TPO?
In Ohio, a temporary protection order violation is considered a new separate crime from the original case. This means it is charged in addition to the underlying offense you were accused of. The first time you violate a TPO, you could be charged with a first-degree misdemeanor, which carries penalties of up to 6 months in jail and/or a fine of up to $1,000.
If you violate the TPO a second time, you could be charged with a fifth-degree felony. The conviction penalties for this level of offense include up to 1 year in prison and/or a fine of up to $2,500.
Our attorneys have been successful in resolving cases where clients have received multiple violations of TPOs received while their cases have been pending. Having the right attorney can make the difference between receiving probation or receiving jail time on TPO charges.
Get Skilled Help Today
At DiCaudo, Pitchford & Yoder, our Akron lawyers will guide you through the process of filing a motion to lift your TPO. We will explain the steps you must take and will build a strong defense on your behalf.
We're here to answer your questions and discuss your legal options. Call us at (330) 787-9841 or contact us online.