Federal & State Lawfederalstatelaw.com
Back to Questions
familyOH

How do I get a restraining order in Ohio?

Federal & State Law Editorial TeamLast reviewed: 2026-05-18

Ohio's civil protection statute is one of the most petitioner-friendly in the Midwest.

1. Types of Protective Orders

  • Domestic Violence Civil Protection Order (DVCPO) — R.C. § 3113.31.
  • Criminal Temporary Protection Order (CTPO) — R.C. § 2919.26, in criminal DV case.
  • Civil Stalking/Sex Offense Protection Order (CSPO/SOOPA) — R.C. § 2903.214.
  • Juvenile DVCPO — R.C. § 2151.34 (juvenile respondent).
  • Elder Abuse — addressed primarily under Adult Protective Services, R.C. Ch. 5101:2-20.

    • 2. Eligibility

    DVCPO requires "family or household member" (R.C. § 3113.31(A)(3)): spouse, former spouse, person living as a spouse, parent, child, blood/marriage relatives, persons who share parenthood, including same-sex partners. CSPO requires no relationship.

    3. Filing

    File in Court of Common Pleas (Domestic Relations Division) in the county of residence. No filing fee for DVCPO petitions (R.C. § 3113.31(I)). Forms via Ohio Supreme Court website.

    4. Emergency / Ex Parte

    Same-day hearing required by statute (§ 3113.31(D)(1)). Standard: "immediate and present danger of domestic violence." Ex parte order lasts until full hearing, set within 7 court days (10 if respondent has firearms to surrender).

    5. Full Hearing

    Preponderance standard (Felton v. Felton, 79 Ohio St.3d 34). Respondent served personally. Both parties testify; evidence includes texts, photos, police reports, witness testimony.

    6. Permanent Order Duration

    Up to 5 years (§ 3113.31(E)(3)(a)); may be renewed.

    7. Enforcement

    Violation of DVCPO/CTPO is first-degree misdemeanor under R.C. § 2919.27 (up to 180 days jail, $1,000 fine); felony if prior conviction or violation involves further violence. Preferred (not strictly mandatory) arrest under R.C. § 2935.032. Federal firearm prohibition under 18 U.S.C. § 922(g)(8).

    8. Modification / Termination

    Motion to modify under § 3113.31(E)(8); court considers safety, changed circumstances, and petitioner's input.

    This is legal information, not legal advice.

    When to Talk to a Lawyer
    • Respondent is contesting custody allocation within the CPO
    • Concealed handgun license revocation is at stake
    • Cross-petition or mutual order has been requested
    Related Statutes & Laws
    • Ohio R.C. § 3113.31
    • Ohio R.C. § 2903.214
    • Ohio R.C. § 2919.26
    • Ohio R.C. § 2919.27
    • 18 U.S.C. § 922(g)(8)

    This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.