
If you have been detained and are facing any type of restraining order or domestic violence charge, we can help. Contact The Elkhatib Law Office at (216) 334-3444 to schedule a free consultation with a Cleveland restraining order lawyer.
Facing a restraining order in Cleveland, Ohio, can be stressful and have serious effects on your personal and professional life. It’s important to understand your rights and how to respond properly.
A knowledgeable criminal defense lawyer can guide you through the legal process and help you challenge unfair claims.
How The Elkhatib Law Office Can Help If You’re Arrested for Violating a Restraining Order in Cleveland, OH

If you’re arrested for violating a restraining order or facing domestic violence charges in Cleveland, OH, we can provide the help you need.
Here’s how:
- We thoroughly review the circumstances of your case to identify any misunderstandings or misapplications of the restraining order.
- Our team explores alternatives to harsh penalties, including diversion programs or counseling, where appropriate.
- Our lawyers will collect and present as much evidence as possible that you either didn’t violate the restraining order or that there was a legitimate reason for doing so that would allow you to avoid legal liability.
- We will fight for you in court if necessary.
We understand how much is at stake in these types of cases, and our focus is on helping you move forward in the best way possible. Contact The Elkhatib Law Office to schedule a free case review with a Cleveland criminal defense attorney.
Overview of Restraining Orders in Ohio
In Ohio, protection orders are court-issued directives that require the accused to keep their distance from the protected person. These orders are designed to provide safety and prevent further harm. Different types of protection orders address various situations, depending on the nature of the relationship and the alleged behavior.
Domestic Violence Temporary Protection Order (DVTPO)
These are issued by criminal courts specifically for domestic violence cases. They offer immediate but temporary protection while a case is pending. To obtain a DVTPO, the alleged victim typically files a request with the criminal court after a domestic violence incident.
Civil Protection Order
A civil protection order aims to prevent domestic violence and can include additional measures, like temporary custody or housing arrangements and support requirements. These orders last longer than DVTPOs, potentially up to 5 years. To obtain one, there does not have to be a criminal case pending.
Stalking or Sexually Oriented Offense Protection Order (SSOOPO)
This type of protection order is for victims of stalking or specific sexual offenses. It requires the offender to stop the stalking behavior. To get an SSSOPO, victims must file a petition with the court detailing the stalking or sexual offense behaviors, and the court may issue a temporary order pending a full hearing.
Criminal Protection Order
Criminal protection orders are requested when charges involving crimes like felonious assault or aggravated trespass are filed. These are available for victims who have a legally defined family or household relationship with the accused. Criminal protection orders are granted at the arraignment hearing.
If you have questions about any type of restraining order in Ohio, contact a criminal defense lawyer as soon as possible.
What Are the Penalties for Violating a Restraining Order in Cleveland, Ohio?
In Cleveland, Ohio, violating a restraining order is considered a serious offense. Usually, it’s treated as a first-degree misdemeanor, which can mean up to six months in jail and a fine of $1,000. However, if certain aggravating circumstances are present, the charges can become much more severe.
Felony Charges for Violating a Restraining Order
If someone has prior convictions for violating protection orders, especially those involving minors, stalking, or domestic violence orders, the offense could be charged as a fifth-degree felony. This also applies if the person has multiple convictions related to threatening or trespassing in violation of similar orders.
Collateral Consequences
Violating a restraining order or facing domestic violence charges can lead to consequences that extend far beyond the courtroom. These effects can impact many parts of your life in ways you might not expect.
Employment Challenges
A criminal record related to domestic violence or restraining order violations can make it difficult to keep your current job or find new work. Many employers conduct background checks, and these charges can raise serious red flags.
Housing Difficulties
You may face trouble renting an apartment or entering into leases, as landlords often view these convictions negatively and won’t rent to you as a result. Some housing programs may also deny applications based on these criminal records.
Family Law Issues
Domestic violence charges or restraining order violations can influence child custody and visitation rights. Courts take the safety of children very seriously, and a conviction related to family violence can lead to reduced or supervised parenting time.
Social and Personal Impact
Aside from legal problems, these charges can damage personal relationships and create social stigma. Friends, family, and community members might treat you differently after learning about the allegations.
Understanding the full scope of potential consequences can help you make informed decisions and take the necessary steps to protect your future.
What Defenses Can Be Raised If I’m Arrested for Violating a Restraining Order?
If you’ve been arrested for violating a restraining order, there are several possible defenses that might help challenge the charges against you.
Lack of Notice
One option is to show that you were never properly served or informed about the restraining order. The law requires that you receive official notice that explains the terms and conditions you must follow. If you didn’t get this notification, you could argue that you weren’t aware of the restrictions and, therefore, couldn’t have known not to violate them. Without proper notice, it’s difficult to prove that you willfully broke the order.
No Actual Violation
In many cases, what may seem like a violation of a restraining order could actually be a misunderstanding or a coincidence. For example, you might have been in a public place where the protected person was present, but outside any boundaries set by the order. This defense requires careful examination of the facts to clarify what actually happened and to correct any mistaken interpretations of your behavior.
Reasonable Excuse
There are situations where being near the protected person is allowed, even if a restraining order is in place. For example, if you share custody of a child, you may need to interact with or be around the other parent for visitation or parenting purposes. Establishing that your presence had a legitimate reason and was authorized in some way can be a valid defense against violation charges.
Mistaken Identity
Sometimes, an accusation comes from confusion or incorrect assumptions about who was involved. It’s possible to argue that witnesses saw someone they believed was you, but it wasn’t. Providing evidence that you weren’t the person involved in the incident, for instance, by presenting an alibi, can help you fight back against these charges.
Each case is different, so it’s important to work with an attorney who understands the details and can build the strongest defense possible.
Schedule a Free Case Evaluation With Our Cleveland Restraining Order Attorneys
Restraining order cases require careful attention and strong advocacy. Having an experienced attorney by your side gives you a better chance to present your side of the story and work toward a fair resolution. You don’t have to face this difficult situation alone. Contact The Elkhatib Law Office today to schedule a free consultation with a Cleveland restraining order attorney.