Term
| #1 – Identify the elements of the offense that constitute Domestic Violence in Ohio. |
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Definition
• Knowingly cause or attempt to cause physical harm to a family or household member
• Recklessly cause serious physical harm to a family or household member
• By threat of force, knowingly causing a family or household member to believe that the offender will cause imminent physical harm to the family or household member |
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Term
| #2 – Identify the four categories of persons who fall within the meaning of family or household member. |
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Definition
• Any of the following who is residing or has resided with the offender
– A spouse, a person living as a spouse, or a former spouse of the offender
– A parent, foster parent, or a child of the offender, or another person related by consanguinity (i.e., blood) or affinity (i.e., marriage) to the offender
– A parent or a child of a spouse, person living as a spouse, or former spouse of the offender, or another person related by consanguinity (i.e., blood) or affinity (i.e., marriage) to a spouse, person living as a spouse, or former spouse of the offender
– The natural parent of any child of whom the offender is the other natural parent or is the putative (i.e., alleged) other natural parent |
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Term
| #3 – Recognize the four elements which should be used to determine the primary physical aggressor in a domestic violence incident. |
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Definition
• Any history of domestic violence or other violent acts by either person involved in the alleged offense, that the officer can reasonably ascertain
• Whether the alleged violence was caused by a person acting in self-defense
• Each person’s fear of physical harm, if any, resulting from the other person’s threatened use of force against any person or resulting from the other person’s use or history of the use of force against any person and the reasonableness of that fear
• The comparative severity of any injuries suffered by the persons involved in the alleged offense |
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Term
| What is a Temporary Protection Order (TPO) |
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Definition
• A TPO is an order from the court that is available after a family or household member is charged with a violent or sexually oriented offense and it is good for the length of the case
• It removes the suspect from the shared residence and has other restrictions
• It can be received by the victim at any time starting with arraignment but it is over when the case is over |
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Term
| What is a Criminal Protection Order (CRPO) |
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Definition
• Issued by the court after a non-family/household member is charged with a violent, menacing, or sexually oriented criminal offense
• CRPO is like a TPO for non-family or non-household members |
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Term
| What is a Civil Protection Order (CPO) |
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Definition
• Another option for a victim is the CPO which is obtained through the domestic relations or common pleas court even though criminal charges are not going to be filed
• Broader in scope than the TPO because it can be in effect up to five years and it can include other provisions (e.g., child support, custody)
• A person may initially file for a TPO and then petition for a CPO. If this is the case, know that once the CPO is issued, the TPO becomes invalid
• For a peace officer this is important because if both orders are on file, the officer will need to charge with a violation of the CPO |
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Term
| What is a Stalking Protection Orders – Stalking or Sexually Oriented Offense Protection Order (SSOOPO) |
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Definition
• Protects the victim of stalking and sexually oriented offenses from a non-family or non-household member
• Issued through the common pleas court
• Available for victims in the absence of criminal charges
• It has the same two levels (e.g., Ex parte and Final) as the CPO |
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