Ex Parte Protection Orders in Ohio: What to Do When Accused Without Notice

If you've been served with an ex parte civil protection order in Delaware or Franklin County, you know the feeling: blindsided. You received court papers. Someone made allegations. A judge signed an order. You've been removed from your home, told to stay away from someone, maybe even forced to surrender your firearms—and you never got to say a word in your defense.

Ex parte protection orders are issued without you being present. No attorney. No testimony. No chance to explain what actually happened. The petitioner tells their side of the story, and the judge decides based only on what they hear in that moment. By the time you find out, the order is already in effect.

It feels fundamentally unfair because it is. But it's how the system works, and you need to understand what you're up against.

What Is an Ex Parte Protection Order?

Under Ohio Revised Code § 3113.31, courts can issue civil protection orders (CPOs) in cases involving domestic violence. "Ex parte" means "from one side"—the order is issued based solely on the petitioner's allegations, without the accused being notified or given a chance to respond.

The law allows this because courts are supposed to act quickly when someone claims they're in immediate danger. The petitioner goes to court, fills out paperwork detailing alleged incidents of violence or threats, and asks for emergency relief. If the judge finds the petition shows enough evidence of danger, they issue a temporary ex parte order on the spot.

What an Ex Parte Order Can Do

Even though it's temporary, an ex parte CPO can:

• Prohibit you from contacting the petitioner (no calls, texts, emails, social media, or third-party contact)
• Order you to move out of your home, even if you own it or pay rent
• Restrict your contact with your children, especially if they live with the petitioner
• Require you to surrender all firearms and ammunition immediately
• Order you to stay away from the petitioner's home, workplace, and school

These restrictions take effect immediately upon service. Violating any term—even accidentally—is a separate criminal offense under ORC § 2919.27 and can result in arrest and jail time.

Why Ex Parte Orders Feel So Unfair

The Judge Only Heard One Side

At the ex parte hearing, you weren't there. Your attorney wasn't there. No one cross-examined the petitioner. The judge made a decision based entirely on allegations—not tested evidence.

The petitioner's story may be exaggerated, distorted, or outright false. It doesn't matter. The order goes into effect anyway.

Allegations, Not Proof, Drive the Decision

To get an ex parte order, the petitioner doesn't have to prove their case beyond a reasonable doubt or even by clear and convincing evidence. They just need to convince the judge that there's enough of a concern to justify temporary protection.

This is an extremely low bar. Sworn statements, even if contradicted by texts, emails, or witness accounts you could provide, are often enough.

Your Life Changes Overnight

You may have been ordered out of your own home. You might not be able to see your kids. If you had guns for hunting or sport, they're gone. Your employer might find out, or the order might show up in a background check. You can't call the petitioner to try to work things out, even if the relationship was fine yesterday and this came out of nowhere.

All of this happens before you ever get a chance to defend yourself.

Common Misuses and "Tactical" CPOs

Protection orders exist for a reason: genuine victims of domestic violence need legal tools to protect themselves. But the system can be—and is—misused.

Leverage in Divorce or Custody Cases

CPOs are sometimes filed right before or during divorce proceedings to gain an advantage. If you're ordered out of the marital home and prohibited from seeing your children, the petitioner has de facto control over living arrangements and custody while the family law case is pending.

By the time the divorce is final, the other side has established a status quo that family courts are reluctant to disturb.

For more information about domestic violence charges that often accompany protection orders, see our guide on Assault and Domestic Violence Defense in Ohio.

Getting Someone Out of Shared Housing

Ex parte orders can force you to leave a home you own or lease, even if the petitioner has no legal right to exclude you. If the relationship ended badly and the other person wants you gone, a CPO can accomplish that without going through eviction or lease disputes.

Retaliation After a Breakup

Some CPOs are filed as payback. An argument, a breakup, or a new relationship can trigger a filing that exaggerates or fabricates incidents to justify the order. The petitioner may be angry, hurt, or trying to control you—and the legal system provides a mechanism to do it.

Misunderstandings and Overreactions

Not every misuse is malicious. Sometimes petitioners genuinely believe they're in danger based on a misunderstanding, emotional distress, or a single heated argument. They go to court scared, present their perspective, and the judge errs on the side of caution. The result is the same: you're under a court order based on a distorted version of events.

None of this means that most CPO filings are illegitimate. Many are necessary and life-saving. But when the process is misused—whether intentionally or not—you bear the consequences.

Immediate Do's and Don'ts When Served

The moment you're served with an ex parte CPO, your actions matter. Mistakes now can hurt you at the full hearing.

Do Not Contact the Petitioner

This is the #1 rule. Even if the allegations are false. Even if you just want to talk. Even if the petitioner reaches out to you first.

Any contact—direct or indirect—violates the order and can result in criminal charges under ORC § 2919.27. Prosecutors treat CPO violations seriously. A conviction can mean jail time, additional protection orders, and a criminal record.

Do Not Try to "Tell Your Side" Over Text or Social Media

If you send a long text explaining what "really happened" or post on social media about the situation, those messages can and will be used against you. They can be presented as evidence of harassment, obsession, or continued threats.

Courts don't see these messages as your attempt to clear your name. They see them as violations of the no-contact order or evidence that you're not taking the allegations seriously.

Do Keep Records of Everything

From the moment you're served, document everything:

• Your whereabouts: Where were you during the incidents alleged in the petition? Can anyone confirm?
• Communications: Gather all texts, emails, voicemails, and social media messages between you and the petitioner. These often contradict the narrative in the petition.
• Witnesses: Who saw what happened? Who can speak to your relationship, your behavior, or the petitioner's behavior?
• Evidence of motives: Is there a pending divorce? A custody dispute? Did the petitioner recently tell you to move out?

The more evidence you preserve now, the stronger your defense at the full hearing.

Do Surrender Firearms Immediately

If the order requires you to surrender firearms, do so right away. Failing to comply is a federal crime under 18 U.S.C. § 922(g)(8) and can result in federal charges on top of state CPO violations.

Surrender your firearms to law enforcement or a federally licensed dealer as directed by the order. Keep documentation showing you complied. Learn more about Ohio weapons charges and firearm rights.

Do Bring All of This to an Attorney

The ex parte order will list a date for a full hearing, usually within 7-10 days. That's when you'll finally have a chance to present your side. But you need to be ready, and you need experienced legal help to prepare.

The Full Hearing: Your Chance to Be Heard

The full hearing is your opportunity to contest the protection order. Unlike the ex parte stage, you have the right to appear, present evidence, call witnesses, and cross-examine the petitioner.

Burden of Proof

At the full hearing, the petitioner must prove their case by a preponderance of the evidence—meaning it's more likely than not that you committed the acts alleged in the petition. This is a civil standard, lower than the "beyond a reasonable doubt" standard in criminal cases.

If the petitioner meets this burden, the court can issue a civil protection order that lasts up to five years. If they don't, the order is dismissed.

What Happens at the Hearing

Both sides present testimony and evidence. You (or your attorney) can:

• Cross-examine the petitioner, asking questions designed to expose inconsistencies, exaggerations, or fabrications
• Present your own testimony, explaining what actually happened and refuting the allegations
• Call witnesses, including people who were present during alleged incidents or who can speak to your character and the petitioner's behavior
• Introduce documents, such as text messages, emails, photos, and location data that contradict the petitioner's claims

The judge listens to both sides and makes a decision.

Cross-Examination Is Critical

Cross-examination is where many CPO cases are won or lost. Petitioners often make statements in the petition that sound damning but fall apart under questioning. Dates and times don't match up. Descriptions conflict with physical evidence. Motives become clear.

An experienced attorney knows how to ask the right questions, stay within the rules of evidence, and systematically undermine the petitioner's credibility without appearing aggressive or disrespectful.

Presenting Your Defense

You need to tell your side clearly and credibly. That means:

• Sticking to the facts: No embellishing, no rambling, no getting emotional.
• Acknowledging what you can't deny: If there was an argument, say so. Trying to pretend everything was perfect looks dishonest.
• Providing context: Arguments happen. Context matters. If the petitioner is leaving out critical details, you need to fill them in.
• Calling corroborating witnesses: If your roommate, friend, or family member can confirm your version of events, bring them.

Judges see CPO hearings all day. They can tell the difference between someone who's being truthful and someone who's spinning a story.

Collateral Consequences You Can't Ignore

Even if the petitioner's allegations seem overblown and you're confident you'll win at the hearing, take this seriously. The consequences of a permanent protection order go far beyond being told to stay away from someone.

Loss of Firearm Rights

Under federal law (18 U.S.C. § 922(g)(8)), if you're subject to a qualifying domestic violence protection order, you cannot possess, purchase, or transport firearms or ammunition. This applies even if you're a law-abiding gun owner with no criminal record.

Ohio law mirrors this prohibition. Violating it is a federal felony.

If you hunt, collect firearms, or own guns for personal protection, a permanent CPO means those rights are gone for the duration of the order—potentially five years.

Professional License Risks

Many professional licenses require disclosure of protection orders, especially in healthcare, education, and law enforcement. Nurses, teachers, counselors, and first responders may face disciplinary proceedings or license suspension if a CPO is issued against them.

Even if your employer doesn't find out immediately, many jobs require periodic background checks. A CPO on your record can cost you your career.

Background Checks and Public Records

CPOs are public records. They show up in:

• Employment background checks: Employers often view protection orders as red flags.
• Housing applications: Landlords can deny applications based on protection orders.
• Professional certifications and clearances: Many fields require clean records.

A CPO doesn't disappear when it expires. It remains part of the public record indefinitely.

Impact on Custody and Family Law Proceedings

If you're involved in a custody dispute, a CPO can be devastating. Family courts take protection orders seriously when deciding custody and parenting time. Even if the CPO is based on exaggerated or false claims, the fact that a judge issued one at all can hurt your position.

Stigma and Reputation

Being subject to a protection order carries social stigma. People assume you're dangerous, abusive, or unstable. It affects personal relationships, professional opportunities, and how you're perceived in your community.

How Mango Law Handles CPO Defense

We've represented clients in ex parte protection order cases in Delaware County Domestic Relations Court and Franklin County. We understand the stakes. We know these cases are often emotionally charged, factually complicated, and legally consequential.

Early Case Review

As soon as you're served with an ex parte order, we review the petition in detail. We identify inconsistencies, gaps, and weak points. We look at the timeline, the allegations, and what the petitioner is really trying to accomplish.

We also assess whether the order was properly issued under ORC § 3113.31. Not every case qualifies for a CPO. If the petitioner doesn't meet the legal standard, we move to dismiss.

Evidence Gathering

We work with you to collect every piece of evidence that supports your defense:

• Text messages and emails: Often the best evidence. They show the tone of the relationship, contradict allegations, or reveal the petitioner's motives.
• Witness statements: People who were present during alleged incidents or who know both parties.
• Location data: GPS, receipts, work records—anything that shows you weren't where the petitioner claims you were.
• Photos and videos: Visual evidence that contradicts the petitioner's claims.

We also look for evidence of ulterior motives: pending divorce filings, custody disputes, property disputes, or threats the petitioner made before filing the CPO.

Cross-Examination Preparation

We prepare to cross-examine the petitioner strategically. That means knowing the facts better than they do, anticipating their answers, and asking questions that expose problems with their story.

Cross-examination isn't about being aggressive or hostile. It's about methodically showing the judge that the petitioner's version of events doesn't hold up.

Coordination with Related Criminal Cases

If the petitioner has also filed criminal charges (assault, domestic violence, menacing), we coordinate your CPO defense with your criminal defense strategy. What you say in the CPO hearing can be used against you in the criminal case, and vice versa.

We make sure your testimony is consistent, your defenses align through strategic motion practice, and you're not inadvertently creating problems in one case while defending the other.

Presenting Your Case

At the hearing, we present a clear, factual defense. We call witnesses, introduce documents, and tell your side of the story in a way that's credible and persuasive.

We also make legal arguments when appropriate—challenging the sufficiency of the petitioner's evidence, the applicability of ORC § 3113.31, and the legal standard for issuing a permanent order.

Relevant Ohio Statutes

Understanding the legal framework is critical:

• ORC § 3113.31: Authorizes courts to issue civil protection orders in domestic violence cases, including ex parte orders.
• ORC § 2919.27: Makes it a criminal offense to violate a protection order. First violation is typically a first-degree misdemeanor; subsequent violations can be felonies.
• ORC § 2903.214: Menacing by stalking, which can also result in stalking-based protection orders under a different statute.

Federal law also matters:

• 18 U.S.C. § 922(g)(8): Federal prohibition on firearm possession while subject to a qualifying protection order. Violations are federal felonies.

Next Steps: What You Should Do Now

If you've been served with an ex parte protection order:

1. Do not contact the petitioner. No exceptions.
2. Preserve all evidence. Texts, emails, witnesses, documents—everything.
3. Comply with all terms of the order, including firearm surrender.
4. Contact an attorney immediately. The full hearing is coming fast, and you need to be ready.
5. Write down everything you remember about the alleged incidents, including dates, times, witnesses, and context.

The full hearing is your chance to fight back. But you need a solid defense, and you need someone who knows how to handle these cases in Delaware and Franklin County courts.

Conclusion

Ex parte protection orders are frustrating, disruptive, and often feel like a miscarriage of justice. You were never heard, but your life changed anyway. You lost access to your home, your kids, your firearms, and maybe your reputation—all based on one person's allegations.

But the ex parte stage is temporary. The full hearing is where the real fight happens. If the petitioner's case is weak, exaggerated, or fabricated, you have a chance to prove it. You have a chance to cross-examine, present your evidence, and tell your side of the story.

We've handled these cases. We know what works. We know how to prepare, how to question, and how to present a defense that protects your rights and your future.

If you're facing an ex parte CPO in Delaware or Franklin County, contact Mango Law at (740) 602-2155 for a confidential consultation. Time is short, and the stakes are high.

This article is for educational purposes and does not constitute legal advice. Civil protection order law is complex and fact-specific. Consult with a qualified Ohio attorney about your situation.