Perrysburg Municipal Court
   Wood County, Ohio

Termination of a Temporary Protection or No Contact Order

DOMESTIC VIOLENCE PROTOCOL revised 8/18/2005

Clerk's Procedures
Arraignment
Bond
Dismissal or Reduction of Charges
Pre-Trial Conference
Trial
Sentencing
Victim Impact Statement
Probation

1. Upon filing of a domestic violence charge, the Clerk's office shall notify the Perrysburg Prosecutor's office and it in turn shall notify the Victim's Advocate.
    

2. The Clerk's office will provide a daily docket, so the Victim's Advocate will be aware of all court hearings.
    

3. Victim brochures shall be available.
    

4. The Clerk shall keep a file with all active temporary protection orders which will be verified monthly by each police department.  Temporary protection orders will be vacated upon a judicial order, sentencing, or dismissal.  The agency involved will be notified and that temporary protection order will be put in an inactive file.  If a felony domestic violence charge is bound over to Wood County Common Pleas Court, that temporary protection order shall stay in effect until further orders of the court.
    

5. The Clerk shall accept any temporary protection orders for filing from another jurisdiction and notify the appropriate agency.
    

6. Confidential information pertaining to the victim will be in a separate file that is not open to public access in order to protect the victim.
    

7. When a defendant is in custody, upon posting bond or signing a personal recognizance bond, the Clerk's office shall inform the police agency involved.  The Clerk's office shall also fax the same information to the Victim's Advocate and use its best efforts to notify the victim.

Return to Top

ARRAIGNMENT

An arraignment is a legal proceeding that takes place in front of a judge, where a defendant is told his/her legal rights as well as what crime he/she is charged with and the possible maximum fine and jail sentence should he/she be convicted.  The judge also addresses the issue of a Temporary Protection Order and bond at the arraignment.

A Temporary Protection Order (TPO) can be obtained ONLY if criminal charges of domestic violence have been filed.  A TPO will remove the defendant from the residence and prohibit any contact between the defendant and any household or family member for the pendency of the case*.  By no contact, the TPO means no face to face contact, no phone contact, no contact by mail or computer, and no contact through a third party.  If a victim wishes visitation to occur between the defendant and their minor child(ren), she/he must request visitation and companionship through the Domestic Relations Court.  It is not necessary to file for divorce to do this.  ALL VIOLATIONS OF TPO's should first be reported to the police in the jurisdiction where the offense occurs, and then reported to the prosecutor handling the case.

Bond is also addressed at the time of arraignment.  If the defendant is presently in custody, the judge may release him/her on his/her own recognizance, meaning on their honor to attend future court appearances.  The judge may keep the bond set at a previously determined amount or change the amount of the bond.

At arraignments in Perrysburg Municipal Court, the court will inform the defendant of his/her constitutional rights, inform the defendant that a subsequent conviction of a domestic violence charge is a felony, and that a conviction for domestic violence will prohibit defendant from purchasing a firearm in the future.

Upon issuance of a TPO, the court will inform the defendant that to remain free of bond, he/she must observe all conditions of the TPO.

At a minimum, the TPO requires that the defendant cause no physical harm nor threat of harm to the victim or any other household member; the order may also forbid any contact whatsoever with the victim.  In the event of a violation, the court has the authority to institute procedures for immediate incarceration.

The victim shall receive a copy of the TPO and be informed that a copy of the TPO will be on file at the police department which has jurisdiction over her/his residence.  The court shall send a copy to that agency.  If a violation of the TPO occurs, she/he may contact that department and it should provide immediate assistance.

Return to Top

BOND

The judge should request and consider all available information in deciding what type of bond will be set.  Such information should include, at minimum:

1. Input from the victim about the nature of the current violence, the history of violence and injuries, history of violation of protection orders, and whether she/he fears further assault pending trial;
    

2. The defendant's record of prior arrests and convictions for violent behavior;
    

3. The number and nature of police reports filed whether or not charges were filed;
    

4. The police offense report or bond recommendation; and,
    

5. If applicable, the pre-release investigation report.

When a TPO has not been issued for some reason, the judge should nonetheless consider imposing a "no contact" order as a condition of bond.  Whether or not the violent incident involved children, they should be named in the TPO and the court should order supervised or suspended visitation as a condition of bond.

For second offenses as described in O.R.C. 2919.251, the court should request and consider all available information related to the considerations enumerated in the statute.

Pursuant to Administrative Order No. 2005-10, bail may NOT be posted for a defendant charged with domestic violence, by a victim or any member of the victim's family.

Return to Top

DISMISSAL OR REDUCTION OF CHARGES

Judges should not accept civil compromises, deferred prosecutions, reduced charges, or dismissals where justice is not serviced by these devices.  If a dismissal is filed, the court should have all parties in court to make an independent determination.

Alternative dispositions and diversion in family violence cases are frequently inappropriate, and send a message to both the victim and the offender that the crime is less serious than comparable crimes against non-family members.  When these alternatives are proposed, judges should ascertain that they are in the interest of justice and not simply devices for docket management.  When a victim asks to have the complaint withdrawn or is reluctant to testify, the judge should inquire about coercion and intimidation.  (This may be especially true where a divorce is pending or contemplated.  Victims are often coerced into "dropping" charges by empty, unenforceable promises of favorable divorce settlement.)

In cases where the victim refuses to testify, it is often possible to prove the case with other evidence.

Prosecutors and judges should maintain a "no drop" policy in regard to domestic violence cases unless a case is impossible to prove without the victim, and the victim cannot be located to testify.

Return to Top

PRE-TRIAL CONFERENCE

Given the dynamics of family violence and the existence of an ongoing intimate family relationship between the defendant and the victim, speedy resolution of the case will serve to better protect the victim as well as increase the efficiency of the entire process.  Therefore, the pre-trial conference should take place within two weeks of arraignment.

A pre-trial conference takes place between the prosecutor and the defense attorney.  It is an attempt to work out a solution to the charges rather than taking the case to trial.  In cases of domestic violence, defendants are usually offered three separate options:

1. The first option is deferred finding.  In this instance, the defendant enters a plea of no contest to the charge of domestic violence.  Instead of being found guilty, the judge defers the finding and allows the defendant to enter into and successfully complete the Domestic Violence Program at Person to Person Resources.  Upon successful completion of the program (which includes following all recommendations and paying the bill in full), the case is taken back in front of the judge and is dismissed.  If a defendant agrees to enter into the program and for some reason is non-compliant during the program, he/she may be referred back to the court where the judge may find him/her guilty and sentence him/her to jail.
    

2. The second and third options are to take the case to trial, whether to a judge or to a jury.  Victim input is desired by prosecutors during a pre-trial conference; therefore, in most cases the prosecutor subpoenas the victim.  Ultimately, however, the choice of how the case is disposed of is up to the defendant.

REMEMBER:  According to HB 335, the victim has the right to have an advocate with them during all proceedings related to their domestic violence case.  This means that an advocate may be with the victim during the arraignment process, the pre-trial process, and the trial if that occurs.

Also, HB 335 states that if a victim is in the hospital or is too fearful to appear at the arraignment to request a TPO in person, the advocate may appear in place of the victim with the authorization of the victim.  The advocate may testify ONLY during an ex parte protection order hearing, not at the full hearing the following day.

Return to Top

TRIAL

If the victim has been subpoenaed and appears but indicates a continuing reluctance to testify, the judge should order the victim to testify.  The prosecutor should proceed with any independent evidence of the assault, even if the victim refuses to testify or does not appear at the trial.  If the prosecutor refuses to proceed, even though there is independent evidence, and agrees to dismiss, judicial disapproval of the dismissal should be noted in the record.  The victim's advocate should be permitted to be with the victim throughout the proceedings including sitting beside the victim during the victim's testimony.

Return to Top

SENTENCING

Before imposing sentence upon the defendant, the court shall permit the victim to make a statement regarding the impact of the crime on the victim.  At the judge's option, the victim can present the statement in writing prior to the sentencing hearing, orally at the hearing, or both.  If written, copies of the statement will go to the prosecutor and the defendant.  (O.R.C. 2930.14).

The court shall consider the statement, along with other factors, in determining the sentence.  If the statement contains new material facts upon which the court intends to rely, the court shall continue the sentencing proceeding to allow the defendant adequate opportunity to respond.

Every sentence in a family violence case should:

1. Hold the offender accountable;
    

2. Order offender involvement in activities specifically designed to reduce future violence;
    

3. Require an alcohol and drug evaluation where appropriate, mandate successful completion of treatment, and provide for mandatory chemical testing;
    

4. Provide for formal supervision and monitoring of compliance;
    

5. Place restrictions on the defendant as needed to protect the victim and other family members.

Key to this recommendation is the principle that all of these items must be a part of every sentence or court order.  Offender accountability may be accomplished in a variety of ways, including restitution (for lost wages, shelter costs, medical, counseling and treatment fees, and replacement cost of destroyed property), supervised probation, and/or jail time.

Return to Top

VICTIM IMPACT STATEMENT

1. If the court orders the preparation of a victim impact statement pursuant to O.R.C. 2947.051, the victim in the case may make a written or oral statement regarding the impact of the offense to the person whom the court orders to prepare the victim impact statement.
    

2. If a probation officer is preparing a pre-sentence investigation report concerning the defendant, the victim may make a written or oral statement regarding the impact of the offense to the probation officer for use by the officer in the pre-sentence investigation report.  Upon the victim's request, the probation officer shall include a written statement submitted by the victim in the pre-sentence investigation report.
    

3. A statement made by the victim under (1) or (2) described above may include the following:

1. An explanation of the nature and extent of any physical, psychological, or emotional harm suffered by the victim as a result of the crime that is the basis of the case.
    

2. An explanation of the extent of any property damage or other economic loss suffered by the victim as a result of the crime that is the basis of the case.
    

3. An opinion regarding the extent to which, if any, the victim needs restitution for harm caused by the defendant and information about whether the victim has applied for, or received, any compensation for loss or damage caused by the crime that is the basis of the case.

Return to Top

PROBATION

Arraignment:

1. At the time of arraignment of a defendant charged with domestic violence, the probation department is responsible to contact the police agency in the jurisdiction of the victim;
    

2. To make arrangements for the defendant to remove clothing and other items from the residence of the victim if a TPO is to be effected;
    

3. The parties involved are not to leave the court until this is completed.

Monitoring of Court Orders:

1. If the defendant is ordered to complete the domestic violence program, the probation department is required to review the compliance of such order;
    

2. Communicate with the program administrators to determine if the defendant is complying with the court order and the requirements of said program;
    

3. If the defendant is non-compliant, he/she is summoned to appear at court for a probable cause hearing to determine if he/she should be found guilty of the charge and sentenced, or if any sentenced deferred should be imposed.

Return to Top