Directive 3.09 Revised 04/30/22 Page 1 of 8
NUMBEREFFECTIVE
REVISED
TOTAL PAGES
Columbus Police
Division Directive
Apr. 15, 2010 3.09
Apr. 30, 2022 8
Protection Orders
Cross Reference: 3.01, 4.05, 6.02
I. Introduction
A. Failure to enforce a valid protection order can lead to further victimization
of the individual seeking protection and possible civil action against the
ocer or the Division.
B. Ohio Revised Code Section 2935.032, “Written Policy and Procedure for
Responding to Domestic Violence Incidents or Protection Order Violations,”
provides immunity under state law from civil liability to law enforcement
ocers who arrest an individual for the oense of Violation of a Protection
Order when the order appears valid on its face and the order has been
communicated to the respondent in one of the three ways explained in
Ohio Revised Code Section 2919.27(D).
C. Federal statutes allow law enforcement ocers to arrest the respondent
for violating a protection order wherever the infraction occurs, not just in
the issuing jurisdiction or state.
D. Ohio Revised Code Section 2919.27, “Violation of a Protection Order,”
requires that the mental culpability of “recklessly” be established as an
element to develop probable cause to charge the respondent under this
code.
1. The respondent is considered to have acted recklessly when he or she
should have known his or her actions would violate the terms of the
protection order after it was communicated to him or her pursuant to
Ohio Revised Code Section 2919.27(D).
2. A protection order is considered to have been communicated to the
respondent pursuant to Ohio Revised Code Section 2919.27(D), and
thus becomes enforceable, when he or she has been:
a. Personally served the protection order; or
b. Shown the protection order (or a copy thereof) by another individual;
or
c. Informed of the issuance of the protection order by a law enforcement
ocer, judge, or magistrate.
E. The terms or conditions listed on a protection order can only be changed
by the issuing court and are not waived if the petitioner invites, encourages,
or initiates contact with the respondent. Also, the petitioner cannot be
charged with violating his or her own protection order, even if the petitioner
initiated or encouraged contact with the respondent.
Page 2 of 8 Revised 04/30/22 Directive 3.09
II. Denitions
A. Domestic Violence Temporary Protection Order (DVTPO)
1. A criminal order issued by either the Municipal or Common Pleas Court
and accompanies a criminal charge.
2. The parties involved were family or household members at the time of
the oense.
3. The order is valid only while the criminal charge is pending before the
court.
4. A DVTPO is enforceable upon being issued by the court and communicated
to the respondent.
B. Civil Protection Order (CPO)
1. A civil order issued by the Domestic Relations Division of the Common
Pleas Court.
2. The involved parties are family or household members.
3. A CPO is enforceable once the order has been communicated to the
respondent.
4. When a CPO and a DVTPO are both in eect, the CPO should be
enforced over the DVTPO.
C. Civil Stalking or Sexually-Oriented Oense Protection Order (SSOOPO)
1. A civil order issued by the General Division of the Common Pleas Court
to protect victims of stalking.
2. The relationship between the involved parties is inconsequential.
3. A SSOOPO is enforceable once the order has been communicated to
the respondent.
D. Criminal Protection Order (CRPO)
1. A criminal order issued by either the Municipal or Common Pleas Court
and accompanies a criminal charge.
2. The parties involved are not family or household members.
3. The order is only valid while the criminal charge is pending before the
court.
4. A CRPO is enforceable upon being issued by the court and communicated
to the respondent.
E. Juvenile Protection Order (JPO)
1. A civil order issued by the Juvenile Division of the Common Pleas Court.
2. The respondent is a juvenile.
3. A JPO is enforceable once the order has been communicated to the
respondent.
F. Dating Violence Civil Protection Order (DTCPO)
1. A civil order issued by the Domestic Relations Division of the
Common Pleas Court.
Directive 3.09 Revised 04/30/22 Page 3 of 8
2. The involved parties are adults who, at the time of the conduct
in question, were involved in a dating relationship or who, within
the twelve months preceding the conduct in question, were
involved in a dating relationship.
3. A DTCPO is enforceable once the order has been communicated
to the respondent.
G. Post-Conviction No Contact Order (NCO)
1. An order issued only post conviction by either the Municipal or
Common Pleas Court.
2. No contact is allowed with the named protected party.
3. The order is valid only until the date on which probation ends
unless otherwise indicated.
4. A Post-Conviction NCO is enforceable upon being issued by the
court. Verication of communication to the respondent is not
required.
H.
Restraining Order
1. An order issued out of a civil court action prohibiting the defendant from
contacting, harassing, threatening, or abusing the petitioner.
2. The respondent may not be arrested for the violation of a restraining
order.
I. Stay Away Order
1. An order issued by a judge to a defendant to stay away from the victim
as a condition of their bond.
2. The respondent may not be arrested for the violation of a stay away
order.
III. Policy Statements
A. Sworn personnel shall enforce all terms and conditions of a valid protection
order, including those issued in another jurisdiction or state, when there
is probable cause that the protection order has been communicated to
the respondent pursuant to Ohio Revised Code Section 2919.27(D). It is
not necessary to possess a copy of the order to enforce a valid protection
order.
B. Arrest is the preferred course of action when there is probable cause that
a suspect has violated the terms or conditions of a valid protection order.
However, when the suspect is not present to be arrested, the preferred
course of action is to le an arrest warrant.
C. Sworn personnel may arrest an individual when they have probable
cause to believe that the individual has violated the terms of a
Post-Conviction NCO. Sworn personnel should use their discretion
in determining if making an arrest is appropriate and should
consider the following:
Page 4 of 8 Revised 04/30/22 Directive 3.09
1. Was the original oense an oense of violence?
2. Does the ocer believe the situation will turn violent?
3. Has the individual repeatedly violated the terms of the Post-
Conviction NCO?
4. Has the individual refused the ocer’s orders to leave a location
that the Post-Conviction NCO prohibits him or her from entering?
D.
Protection Orders Issued by an Ohio Court
Sworn personnel shall verify that a protection order issued by an Ohio
Court has been communicated to the respondent prior to any enforcement
action for violation of the order.
E. Protection Orders Issued by a Court Outside of Ohio
1. Sworn personnel shall make a reasonable eort to verify that a protection
order issued by a court outside of Ohio has been communicated to the
respondent prior to any enforcement action for violation of the order.
2. When verication of communication of a protection order issued by a state
outside of Ohio cannot be made, a copy of a protection order shall be
presumed valid on its face and shall be enforced when the copy shows
the following:
a. Names of the involved parties,
b. Issue date,
c. The order has not expired,
d. Terms and conditions against the respondent are specied,
e. Name of the issuing court, and
f. A signature of a judicial ocer.
3. The following are not required of a victim’s copy of a protection order to
be considered valid:
a. Attached certication form,
b. Original signature of the issuing authority,
c. Raised seal or stamp from the issuing court, or
d. Registered with the enforcing jurisdiction.
F. In situations where sworn personnel have reasonable suspicion that a
protection order exists or a respondent has violated the terms or conditions
of a protection order, sworn personnel shall follow the procedures of
this directive and attempt to verify the terms, conditions, validity, and
communication of the protection order.
G. Recognizing that some citizens are unfamiliar with the technical names or
terms of court orders, when there is reasonable suspicion that a court order
exists, sworn personnel shall attempt to verify if the order is a protection
order.
Directive 3.09 Revised 04/30/22 Page 5 of 8
H. Sworn personnel shall complete an electronic report to document each
incident investigated involving the possible violation of a protection order.
This includes situations when there is a claim that a protection order
exists, but there is no copy of the order and the order cannot be veried.
Sworn personnel shall document all attempts to verify communication of
a protection order in the electronic report.in the electronic report.
I. Sworn personnel shall complete an electronic report to document situations
involving a restraining order or a stay away order, and instruct the victim to
respond back to the court that issued the order or to contact the prosecutor’s
oce if one was involved in the case.
J. Sworn personnel will have developed probable cause that a suspect has
violated the terms or conditions of a protection order when the victim or
witness provides a written statement supporting such. However, it shall
not be required that the victim provide a written statement, consent to
charges, or sign a complaint as a prerequisite for ling charges.
K. Sworn personnel shall document and explain in the electronic report the
reasons when an arrest was not made or charges were not led although
there was probable cause the suspect violated a protection order.
L. Sworn personnel shall document and explain in the electronic
report the reasons when an arrest was not made although there
was probable cause the suspect violated a Post-Conviction NCO.
M.
Sworn personnel shall comply with the “Domestic Violence” directive for
incidents involving the violation of a protection order in which the suspect
is a family or household member of the victim.
N. Sworn personnel shall inform the respondent of the existence of the
protection order and of the respondent’s duty to refrain from any further
contact with the petitioner when encountering a situation in which the
petitioner has obtained a protection order, but the respondent has no
knowledge of the order, and it has been veried that the order has not
been communicated to the respondent. Sworn personnel shall complete
Form 10-D Notice to Respondent or Defendant and document the
communication of the protection order in the electronic report. Include the
date, time, and location and whether a Cruiser Video System or Body-Worn
Camera recording exists.
O. In situations in which the petitioner or respondent requests police presence
for purposes of meeting the other party or responding to a restricted
location, sworn personnel shall strictly follow the terms and conditions
of the protection order. In these situations, sworn personnel shall allow
only actions permitted by the terms of protection order, and any terms
or conditions not specically mentioned in the order will be considered
prohibited. For example, sworn personnel shall not facilitate the respondent
being present within ve-hundred feet of the petitioner to retrieve property
unless the court has listed a time for this activity in the protection order
and it is within the specied time period.
Page 6 of 8 Revised 04/30/22 Directive 3.09
IV. Procedures
A. Sworn Personnel
1. Separate involved parties and prevent the suspect from approaching
the victim or entering any place that may be restricted by the protection
order.
2. Check involved parties for outstanding warrants.
3. Verify the validity of the protection order and determine if the order has
been communicated to the respondent. Follow the procedures outlined
in Section IV,C as appropriate. The Records Unit may be contacted to
verify orders issued in Franklin County.
a. If it is determined that a protection order issued by an Ohio
court has not been communicated to the respondent:
(1) Complete Form 10-D Notice to Respondent or Defendant.
(2) Scan and email the form to CourtLiaison@columbuspolice.
org.
(a) In the subject line of the email, include the type of form
attached and the court that issued the protection order.
(b) Send the original form to the Court Liaison Section via
interoce mail.
(3) Complete a Miscellaneous Incident Report when the sole
purpose of the report is to document the notication of a
protection order to the respondent.
4. Verify the existence of the Post-Conviction NCO through the
Records Unit.
a. When an arrest is made, follow the procedures in the “Arrest
and Warrants” directive.
b. When no arrest is made complete a Miscellaneous Oense
Report, refer the victim to contact the appropriate probation
department for investigation, and follow the procedures in the
“Arrest and Warrants” directive.
5.
If communication of an out-of-state protection order cannot be veried,
use a copy of the order to determine if it is valid based on the criterion
listed in Section III,E.
6. Take appropriate enforcement action.
7. Contact Communications Bureau personnel when a warrant is led and
request the following known information be broadcast on all patrol radio
channels:
a. Suspect’s name and physical description
b. Suspect’s vehicle description
c. Suspect’s address, location, or destination
d. Charges led
Directive 3.09 Revised 04/30/22 Page 7 of 8
8. Document the following known information on the Arrest Information,
form U.10-100, when an arrest is made or charges are led:
a. Judge/Magistrate who issued the order
b. The court and county that issued the order
c. Case number
d. Date issued and date the order was communicated
e. Suspect’s actions that violated the order
f. Name of the protected party whom the suspect contacted/violated
9. When a respondent surrenders deadly weapons, including
rearms and ammunition, for protective custody pursuant to a
civil or criminal protection order:
a. Complete Form 10-F Notice of Receipt.
b. Complete a Property Receipt, form S-36.116, and provide the
respondent with a copy.
c. Scan and email the Form 10-F to CourtLiaison@columbuspolice.
org.
(1) In the subject line of the email, include the type of form
attached and the court that issued the protection order.
(2) Send the original form to the Court Liaison Section via
interoce mail.
d. Submit surrendered items to the Property Control Unit.
10.
Complete an electronic report and include the actions taken to verify the
communication and validity of a protection order and the results.
B. Records Unit
1. Verify protection orders issued in Franklin County by following the
procedures outlined in Section IV,C,1 and Section IV,C,2.
2. Verify the existance of a Post-Conviction NCO through LEADS.
3.
Notify requesting personnel of the verication results.
C. Verifying Protection Orders
1. Provide the following known information:
a. Type of protection order
b. Names of the involved parties
c. Case number
d. Issuing court
e. Issuing judge or magistrate
f. Date of ling
Page 8 of 8 Revised 04/30/22 Directive 3.09
2. For Protection Orders issued in Franklin County
a. For a DVTPO, CRPO, or DTCPO
(1) Contact the Municipal Clerk of Courts Oce and/or Common Pleas
Clerk of Courts Oce
(2) Determine the following:
(a) If the case is still pending and/or has been bound over as a felony.
(b) If the protection order was issued and when the order was
communicated to the respondent.
(c) If the protection order was removed.
b. For a SSOOPO or CPO
(1) Contact the Franklin County Sheri’s Oce.
(2) Determine if the protection order was communicated to the respondent.
c. If the type of protection order is unknown, follow the procedures in both
Section IV,C,2,a and Section IV,C,2,b.
3. Protection orders issued in another jurisdiction or state:
a. Run both the victim and suspect’s information through LEADS. Conrm
the elements of the order through NCIC.
b. Contact the clerk of courts, law enforcement agency, or prosecutor’s
oce in the issuing jurisdiction to determine if the order was issued
and when the order was communicated to the respondent.
c. Review the elements of the order through the state or local registry of
the issuing jurisdiction.
d. Review the elements of the order if previously led with authorities in
the enforcing jurisdiction.
