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Temporary Protection Orders (TPO)

Temporary Protection Orders

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Temporary protection orders ("TPO") protect victims of domestic violence from further violence at the hands of the alleged offender.

Once a complaint is filed, there are a few ways that a TPO can be issued.

  1. The court can issue a TPO whenever it thinks one is necessary.

Or

  1. The complainant or the victim or the police may file for a TPO.

Usually TPOs are issued as pre-trial conditions of release. The police department has the form that needs to be filled out for a TPO request. The completed form will usually be filed with the Clerk of Court by the police after the accused is arrested.  If the accused cannot be located, the victim may request the police or her/his advocate to assist in filing for an ex parte TPO which can be issued without the accused being present.  To be effective however, the accused must be served with a copy of the TPO.

Once the crimial charges are filed by the police, the accused will appear for a hearing within 24 hours during the week and Monday morning after a weekend arrest.  The Court will hear the request for a TPO at the same time. Although not mandatory, it is helpful for the alleged victim to be present during this to give information necessary for the Court to make a decision.

If the person cannot attend because of a medical condition caused by the alleged offense, someone else can attend and provide the court with the information it needs.

If the court believes that the safety of the victim or any other family or household member is in jeopardy, a TPO may be issued.

If the alleged offender is not in court when the TPO is issued against them, another hearing will be held with him or her to determine whether the TPO should be remain in effect, be modified, or be revoked.

A TPO remains in effect until a judge of the Garfield Heights Municipal Court issues a written order cancelling it.

The court will give a copy of the TPO to the alleged victim, to the accused, and to all law enforcement agencies that have authority to enforce the TPO.

Anyone who violates the terms of a TPO issued by a court can be prosecuted for violating a protection order.  Violating a protection order is a first degree misdemeanor, but it can be more serious depending on the circumstances of the violation.