There are three types of civil protection orders that can be issued by the common pleas court: (1) for domestic violence, (2) for menacing by stalking, and (3) for a sexually oriented offense. The stalking and sexually oriented offense requests are filed on the same petition form; the domestic violence petition is separate. The petition for a CPO must be completed and signed by you in the presence of a notary public. Do not sign it until you are with a notary public. You may be required to provide some identification. The instructions for completing the petition are with it.
You must decide which petition fits your circumstances, and you are responsible for completing the form. You may request assistance from a victim advocate at the Domestic Violence (Open Arms) Shelter at 419-420-9261 or 419-422-4766. Effective June 17, 2010, petitions against persons (the respondents) who are under the age of 18 years should be filed in the Juvenile Court. When the petition is completed and signed, take it to the Hancock County Clerk of Courts on the 3rd floor of the Hancock County Courthouse to file. You then take a copy to the Domestic Relations Court on the 1st floor of the Courthouse where you will receive instructions on how your case will be handled.
After you have filed your petition, you may decide that you no longer want a CPO against the person named. You may ask the Court to dismiss your petition if the final hearing has not occurred, or you may want to terminate or cancel an order that has already been issued by consent or after a hearing. On the other hand, you may want to change the terms of the order or extend the effective date of the order. All those requests have to be in writing to the Court and are not automatically granted. We have provided forms that may fit your situation if you want changes, BUT WE ENCOURAGE YOU TO SPEAK WITH AN ATTORNEY-AT-LAW ABOUT YOUR RIGHTS.
- General Information and How to Obtain a CPO –
This information provides and overview of the CPO process and may answer some of your questions
- Petition for Domestic Violence CPO and Instructions –
This is the petition or request to the Court to issue a CPO against the person named as Respondent on your petition based on Respondent’s commission of domestic violence against you or another family or household member. It is filed with the Hancock County Clerk of Courts. If the person against whom you are filing is under 18 years of age, contact the Hancock County Juvenile Court.
- Parenting Affidavit (if applicable) in Domestic Violence CPO cases and Instructions –
This affidavit must accompany the Petition for Domestic Violence CPO if you and the person named as Respondent have minor children together.
- Petition for Civil Stalking or Sexually Oriented Offense Protection Order and Instructions –
This is the petition or request to the Court to issue a CPO against the person named as Respondent in your petition based on Respondent’s commission of menacing by stalking or a sexually oriented offense against you. It is filed with the Hancock County Clerk of Courts. If the person against whom you are filing is under 18 years of age, contact the Hancock County Juvenile Court.
- Order on Dismissal of Petition for CPO (No Ex Parte Order Issued) –
If you did not get an emergency order when you filed your petition and decide you do not want to go ahead with your request for a CPO, you can sign this and deliver it to the Domestic Relations Court as your request to dismiss your petition without a final hearing or trial. You will be notified if the request is approved or a hearing is necessary. DO NOT FILE THIS IF YOU ALREADY HAD THE FULL HEARING AND WERE GRANTED A CPO BY CONSENT OR DECISION.
- Order on Dismissal of Petition for CPO (Ex Parte Order Issued) –
If you got an emergency order when you filed your petition but decide you do not want to go ahead with your request for a CPO, you can sign this and deliver it to the Domestic Relations Court as your request to dismiss the petition without a final hearing or trial. This request asks the Court to cancel the emergency order and dismiss the case. You will be notified if the request is approved or a hearing is necessary. DO NOT FILE THIS IF YOU ALREADY HAD THE FULL HEARING AND WERE GRANTED A CPO BY CONSENT OR DECISION.
- Motion to Modify, Extend or Terminate CPO with Instructions for Service/Notice of Hearing –
If a CPO was issued by agreement or after a hearing with the Magistrate or Judge, and you now want to change some terms, extend the effective date of the order, or cancel it, you may file this motion or request with the Clerk of Courts. When you file this, the other party must be notified of the request and a hearing held with the Magistrate to decide if the request should be granted. You must complete all portions of the motion and instructions for service, and you must give the Clerk the Notice of Hearing when you file the papers.
- Alternative Motion to Modify –
If the CPO was issued, this is an alternative form to file to request a modification
- Motion for Contempt and Instruction –
If you believe the other party has violated any of the terms of the CPO, you can file this motion. You are also required to notify the party of potential penalties, so refer to contempt motions under DR forms on the website.