Domestic Violence Civil Protection Orders
- The Ohio Supreme Court has created several forms to assist victims of domestic violence in obtaining a domestic violence civil protection order.
- These forms include: information about domestic violence civil protection orders, instructions on how to obtain a domestic violence civil protection order, and instructions for completing the Petition.
- The person seeking the domestic violence civil protection order is called the Petitioner.
- The family or household member against whom the domestic violence civil protection order is sought is called the Respondent.
- Once you have completed the petition and your signature has been notarized, you must file the petition with the Medina County Clerk of Court, Domestic Relations Division.
- The Court is located at 99 Public Square, 2nd Floor, Medina, Ohio.
- The Court recommends that you file the petition as early in the day as possible.
- The Court will review the Petition, and will conduct an ex parte hearing the same day it is filed.
- The Court may grant the Petition ex parte or may decline to grant the Petition.
- If the Court grants the petition ex parte, the Court will issue an Ex Parte Domestic Violence Civil Protection Order.
- “Ex parte” is a Latin term meaning “from one party”.
- An ex parte order is based solely upon the information, evidence and testimony from only one party (i.e., the petitioner).
- Whether or not your petition is granted ex parte, your petition will be set for full hearing within seven to ten (7-10) court days, so that the respondent can have an opportunity to present his/her testimony and evidence.
- After the respondent is served with the petition and the ex parte order, the full hearing is conducted pursuant to R.C. 3113.31.
- Both parties are presumed to know the applicable law, the Rules of Evidence and the Rules of Civil Procedure.
- The Court does not and cannot appoint an attorney for either party to a domestic violence civil protection order case.
- Either party may hire an attorney to represent him or her at the full hearing.
- After the evidence is presented, the Court will decide whether or not to grant the petition for domestic violence civil protection order.
- If the Court grants the petition, the domestic violence civil protection order will be in effect for up to five (5) years.
- A domestic violence civil protection can affect child custody in a variety of ways.
- The specific effect will depend on the parties to the domestic violence civil protection order case, and whether there is or is not a companion case involving the allocation of parental rights/custody of minor children (e.g., a divorce, dissolution, parentage action, etc.).
- If you have or if you are subject to a domestic violence civil protection order and have questions about how the order affects your custody rights, you should consult an attorney to assess and analyze your specific situation.
- Domestic Violence Civil Protection Orders are governed by R.C. 3113.31, and apply to family or household members, including minor children, other adults living in the same home, and a person living as a spouse. These petitions are filed with the Medina County Clerk of Court, Domestic Relations Division.
- Stalking and Sexually Oriented Offenses Protection Orders are governed by R.C. 2903.214, and apply to any person. These petitions are filed with the Medina County Clerk of Court, Civil Division.
- Juvenile Civil Protection Orders are governed by R.C. 2151.34 and R.C. 3113.31. The respondent is less than 18 years of age. These petitions are filed with the Juvenile Clerk of Court.
NOTE: The Court is prohibited by law from offering legal advice. The information and forms on this website are not intended to be a substitute for good legal advice.
Domestic Relations Court
99 Public Square, 2nd Floor
Medina, Ohio 44256
Phone (330) 725-9740
Medina Domestic Relations Court Hours are:
8:00 am – 4:30 pm Monday through Friday.