Ohio Civil Protection Orders in Stark County: How to Get One and What to Expect
If you are experiencing domestic violence, threats, stalking, or harassment from a family or household member in Canton, Massillon, Alliance, or anywhere in Stark County, a Civil Protection Order (CPO) can provide immediate legal protection. Ohio law allows victims of domestic violence to petition the court for orders that require the abuser to stay away, leave the shared residence, and refrain from further contact.
At Klie Law Offices, we understand how urgent and frightening these situations can be. Our Canton, Ohio office helps domestic violence victims navigate the protection order process in Stark County Family Court. Here is what you need to know.
What Is a Civil Protection Order?
A Civil Protection Order is a court order issued by the Domestic Relations Division of the Court of Common Pleas that restricts a person who has committed domestic violence or threatened domestic violence from having contact with the victim. CPOs are governed by Ohio Revised Code Section 3113.31 and are available to family or household members, which Ohio defines broadly to include spouses and former spouses, people living together or who have lived together, people who have a child together, and people related by blood or marriage.
A CPO is a civil order, meaning it is separate from any criminal charges that may be filed. You can obtain a CPO even if no criminal charges have been brought, and you do not need to press criminal charges to seek a protection order.
Types of Protection Orders in Ohio
Temporary Ex Parte Protection Order
When you file a petition for a CPO, the court can issue a temporary ex parte order on the same day without the respondent (the person you are seeking protection from) being present. The judge reviews your sworn petition and, if the allegations establish an immediate and present danger, issues the temporary order. This order takes effect immediately and typically remains in place until the full hearing, which must be scheduled within seven to ten court days.
A temporary order can require the respondent to stay away from your home, workplace, and school. It can grant you temporary custody of children, require the respondent to vacate the shared residence, and prohibit the respondent from contacting you by any means.
Full Hearing Protection Order
The full hearing gives both parties an opportunity to present evidence and testimony before the court. The respondent has the right to be present, to have an attorney, and to cross-examine witnesses. If the court finds by a preponderance of the evidence that domestic violence has occurred, it issues a full CPO that can last up to five years.
A full CPO can include all the provisions of a temporary order plus additional terms such as requiring the respondent to complete a batterer intervention program, awarding temporary custody and support, granting the petitioner exclusive use of the shared residence, and ordering the respondent to surrender firearms.
How to File for a CPO in Stark County
Step 1: Go to the Stark County Family Court
You can file a petition for a CPO at the Stark County Family Court, Domestic Relations Division, located at 110 Central Plaza South, Suite 601, Canton, Ohio 44702. The court has intake staff who can help you complete the necessary paperwork. You can also file during regular court hours Monday through Friday.
If you need emergency protection outside of court hours, contact the Canton Police Department (911 for emergencies) or the Domestic Violence Project 24-hour hotline at 330-453-7233 (SAFE). Law enforcement can provide immediate safety assistance, and the court will process your CPO petition on the next business day.
Step 2: Complete the Petition
The petition requires you to describe the domestic violence or threats you have experienced, including specific dates, locations, and details of each incident. Be as specific as possible. Include details about physical abuse such as hitting, choking, shoving, or restraining. Document threats of violence including verbal threats, text messages, voicemails, or social media messages. Note any stalking behavior, any destruction of property, any use of weapons, and any prior incidents of domestic violence.
You should also include information about any children you share with the respondent and whether you need temporary custody as part of the protection order.
Step 3: Temporary Order Issuance
A magistrate or judge reviews your petition, usually the same day. If the petition establishes grounds for an immediate order, the court issues a temporary ex parte CPO. The respondent is then served with the temporary order and notice of the full hearing.
Step 4: Full Hearing
At the full hearing, you will need to present evidence supporting your petition. This can include your own testimony, photographs of injuries or property damage, text messages and emails, medical records, police reports, witness testimony, and any other evidence of domestic violence or threats.
The respondent has the opportunity to present their own evidence and testimony. The court makes its decision based on a preponderance of the evidence standard, meaning it is more likely than not that domestic violence occurred.
What Happens If the Respondent Violates the CPO
Violating a civil protection order is a criminal offense in Ohio. A first violation is a first-degree misdemeanor punishable by up to 180 days in jail and a $1,000 fine. Subsequent violations can be charged as felonies. If the respondent violates the CPO, you should contact law enforcement immediately. Call 911 if you are in immediate danger.
Document every violation, no matter how minor it may seem. Save text messages, voicemails, screenshots of social media contact, and any evidence of the respondent coming to prohibited locations. This documentation strengthens enforcement efforts and can support additional criminal charges.
CPOs and Child Custody
A CPO can include temporary custody provisions, but these are not permanent custody orders. If you need a long-term custody arrangement, you will need to file a separate custody action or include custody in a divorce or dissolution proceeding. However, the existence of a CPO and the findings of domestic violence underlying it can significantly influence custody determinations.
Ohio courts consider domestic violence as a factor when determining the best interests of the child. A documented pattern of domestic violence can affect custody allocation, parenting time, and whether shared parenting is appropriate.
Technology-Facilitated Abuse and Ohio’s New Anti-Tracking Law
Domestic violence increasingly involves technology. Abusers may use GPS trackers, smartphone apps, AirTags, or social media monitoring to stalk and control victims. Ohio enacted SB 100, effective March 2025, which makes it illegal to install a tracking device or application on someone’s property without their consent. First offenses are misdemeanors, but violations involving someone with a protection order are elevated to fourth-degree felonies.
If you discover tracking devices or monitoring software on your vehicle, phone, or personal items, document the evidence and report it to law enforcement. This information can also support your CPO petition and any related criminal proceedings.
Resources for Domestic Violence Victims in Stark County
Several organizations in Stark County provide support services for domestic violence victims. The Domestic Violence Project of Stark County provides a 24-hour crisis hotline at 330-453-7233 (SAFE), emergency shelter, safety planning, legal advocacy, and support groups. The Stark County Victim Assistance Program provides court-based advocacy and assistance navigating the legal system. Legal Aid of Western Ohio may be able to provide free legal representation for qualifying individuals.
Frequently Asked Questions
Does a CPO show up on a background check?
A CPO is a civil order, not a criminal conviction. However, it may appear in public court records and can affect the respondent’s ability to possess firearms.
Can a CPO be dropped or dismissed?
The petitioner can request that the CPO be dismissed. However, the court has discretion to maintain the order if it believes the petitioner’s safety is still at risk. Respondents can also file motions to modify or terminate the order.
What if we have a custody order from West Virginia?
If you have an existing West Virginia custody order and now reside in Ohio, the UCCJEA determines which state has jurisdiction. A CPO can still be obtained in Ohio regardless of where the custody order originated.
Can I get a CPO against someone I’m dating but don’t live with?
Ohio’s domestic violence statute covers family or household members. If you and the respondent do not meet this definition, you may be able to seek a Stalking Protection Order or a Sexually Oriented Offense Protection Order instead.
Contact Klie Law Offices
If you need a protection order or are dealing with domestic violence in Stark County, the attorneys at Klie Law Offices can help you take immediate action. We also serve clients in Buckhannon, Clarksburg, Morgantown, and Parkersburg, West Virginia.
Contact us for a free case evaluation. Your safety is the priority.
