What is the difference between criminal and civil stay-away orders in Franklin County, Ohio?
A criminal stay-away order and a civil stay-away order are two distinct legal mechanisms with different purposes and implications. Let's explore the differences between them:
Criminal Stay-Away Order: A criminal stay-away order is typically issued in the context of a criminal case involving domestic violence. It is designed to protect the victim and ensure the alleged offender's compliance with specific restrictions and prohibitions imposed by the court. It is often requested by prosecutors on behalf of the victim and is associated with criminal charges against the alleged offender.
Civil Stay-Away Order: A civil stay-away order, also known as a civil protection order, is primarily obtained through civil court proceedings. It aims to protect the victim from harassment, threats, or acts of violence, regardless of whether a criminal case is involved. Civil stay-away order is obtained through civil court proceedings initiated by the victim themselves. It does not require the involvement of law enforcement or criminal charges but focuses on providing protection and preventing further harm.
Reach out to one of our attorneys to discuss civil and criminal stay-away orders.