A citizen's guide to accessing the CPO process

1. A C I T I Z E N ’ S G U I D E T O A C C E S S I N G T H E
C P O P R O C E S S
HOW TO OBTAIN A CIVIL
PROTECTION ORDER

2. WHAT IS A CPO?
• CPO is short for Civil Protection Order. A CPO is a court
order directing an individual not to have contact with and
to stay away from another person.
• Who is eligible to request a CPO?
• Any person at least18 years of age who lives in Clermont
County may seek a CPO on behalf of themselves and
any other family or household member. Respondent
must also be at least 18 years old.

3. WHAT IS THE LEGAL TEST FOR A CPO?
Part One
• Ohio CPO law requires the Petitioner to show that the
Respondent has engaged in menacing by stalking.
• The Ohio Revised Code defines menacing by stalking
and states: “No person by engaging in a pattern of
conduct shall knowingly cause another person to believe
that the offender will cause physical harm to the other
person or a family or household member of the other
person or cause mental distress to the other person or a
family or household member of the other person.”

4. WHAT IS THE LEGAL TEST FOR A CPO?
Part Two
• Pattern of Conduct: A pattern of conduct means two or
more actions or incidents closely related in time, whether
or not there has been a prior conviction based on any of
those actions or incidents.
• For a complete legal explanation of what is required to
get a CPO, please consult with an attorney or review
Ohio Revised Code Section 2903.211(D) online or in a
law library.
• Please note that this summary is not legal advice.

5. HOW DOES SOMEONE GET A CPO?
• The CPO process starts with an individual (called the
Petitioner) filing a written document called a petition with
the Clerk of Court. The Petitioner asks that the Court
order another person (called the Respondent) to stay
away.
• The completed petition form must be signed by the
Petitioner in the presence of a notary or a deputy Clerk
of Court.
• There is no cost or filing fee for a CPO petition.

6. WHERE IS THE COURTHOUSE?
• The Common Pleas Court is at 270 East Main Street,
Batavia.

7. HOW DO I GET TO THE COURTHOUSE?

8. WHERE SHOULD I PARK?
• Three hour parking is available on the streets around the
Courthouse.
• There is a free municipal parking lot across Main Street.

9. WHERE DO I ENTER THE COURTHOUSE?
• Everyone coming into the Courthouse has to enter
through the front door on Main Street, and go though the
security screening process.

10. WHERE DO I GO IN THE COURTHOUSE?
• After clearing security at the front door, go to your left, up
the short steps, and down a short hall to the entry door
for the Clerk of Court’s office.

11. WHERE DO I GET THE PAPERWORK?
• The friendly staff at the Clerk of Courts behind this
counter will give you a blank CPO petition form.

12. WHAT DO I DO WITH THE BLANK
PETITION?
• You will be asked to fill out the petition as clearly and as
accurately as you can.
• Please make sure you are completing all the blanks.
• In this form, you are the Petitioner and the person you
are filing against is the Respondent.
• You have to supply the Clerk (or later the Court) with a
current address for the Respondent so legal papers can
be served on them.
• You will be asked under oath if your information is
correct.

13. WHEN WILL MY CASE BE HEARD?
• Under Ohio law, the first hearing (called the ex parte
hearing) must be no later than the next business day
after the petition is filed.
• The Court is closed on weekends and all legal holidays.
• If you file your petition on a Friday, your hearing will very
likely be held on the following Monday.
• The staff in the Clerk’s office will tell you when your
hearing is scheduled.
• Make sure you know the date and time for the first court
hearing before leaving the Clerk’s counter.

14. WHERE DO I GO FOR THE FIRST
HEARING?
• All the courtrooms for hearings are on the second floor of
the courthouse. Both courtrooms are to the left from the
stairs to the second floor.
• The first CPO hearing is called an ex parte hearing.
• Judge McBride’s courtroom is 204. The Magistrate’s
courtroom is 205, at the end of the long hall. Please read
your papers to know which courtroom your case is
assigned to for the ex parte hearing.
• All courtrooms are open to the public. Please be quiet
and respectful while waiting for your case to be called.

15. WHAT DOES A COURTROOM LOOK
LIKE?
• This is the inside of the Magistrate’s Courtroom (205).
When instructed to do so, you will give your testimony
from the podium.

16. WHAT HAPPENS AT THE END OF THE
FIRST HEARING?
• The Judge or Magistrate will make a decision on whether
or not to grant a CPO.
• You will be informed of the date and time of the full
hearing.
• You will get a copy of the written CPO decision in the
mail.
• The Sheriff’s Office will hand deliver a copy of the CPO
(if one is issued)to the Respondent at the address you
provided.

17. WHAT HAPPENS AT A FULL HEARING?
• A full hearing on a CPO is like a small trial.
• You will have the opportunity to present your evidence,
and the Respondent will have the opportunity to ask
questions of the witnesses.
• Then the Respondent will have the opportunity to
present evidence, and you will have the opportunity to
ask questions of the witnesses.
• The Judge or Magistrate will listen to all the evidence
and make a decision, either in court or in a written
document to be issued soon after the hearing.

18. DO I HAVE THE RIGHT TO AN
ATTORNEY?
• A CPO case is a civil matter; it is not a criminal case.
• Both the Petitioner and the Respondent may have
attorneys represent them.
• However, there is no right to have an attorney at public
expense.
• Any party to a CPO case would have to obtain their own
attorney. The Public Defenders office will not supply
counsel to either side in a CPO case.
• A party may seek a referral to an attorney through the
Lawyer’s Referral Service 513-732-2050.

19. HOW LONG DOES A CPO STAY IN
EFFECT?
• An initial CPO after an ex parte hearing usually lasts for
30 days, or until modified by the Court.
• A CPO issued after a full hearing can last for a maximum
of five years.
• A Judge or Magistrate, after a full hearing, can issue a
CPO for less than five years if the facts of the case show
a shorter time span is appropriate.

20. 2 7 0 E A S T M A I N S T R E E T, B ATAV I A , O H I O 4 5 1 0 3
CLERMONT COUNTY COMMON PLEAS COURT