CIVIL STALKING PROTECTION ORDERS
A person who is a victim of menacing by stalking may apply for a Civil Stalking Protection Order (CSPO). This is an order that prohibits the respondent from contacting, following, and/or threatening you for up to five years.
To be eligible for a CSPO you must meet the following criteria:
- You must be a Butler County resident.
- You are not related by blood to the respondent.
- You do not currently live with (or have not lived with in the past five years) the respondent.
- You have never been married to the respondent.
- You have never had a child with the respondent, whether or not you have ever lived together.
Click here for a CSPO Petition Form.
Click here for the CSPO Petition Instructions.
Procedures for Filing a Civil Stalking Protection Order
You must come in person to the Government Services Center, 315 High Street, Hamilton, Ohio. You will be required to complete and file a petition with the Clerk of Courts, located on the 5th floor. Once completed, you will be directed to bring a copy of your petition to the Court Administration Office on the 3rd floor for a hearing before a Magistrate. Petitions may be filed anytime between 8:30 a.m. and 4:30 p.m., Monday through Friday, however, hearings are only conducted at 9:00 a.m. and 1:00 p.m. There is no cost to file a petition for a CSPO.
Attending the Ex-Parte Hearing
After you have been placed under oath, you will need to explain to the Magistrate what the respondent has done to make you fear that you (or your family) may be in danger. If the Magistrate determines that your situation meets the statutory requirements, he or she will issue an Ex-Parte Temporary CSPO and set the case for a Full Hearing within ten (10) business days. This will give the respondent an opportunity to respond to your allegations as relayed in the petition and by your testimony. You will be given a copy of the Ex-Parte Temporary Order to keep with you at all times. Make sure you note the date and time of the Full Hearing. Failure to appear may result in your Ex-Parte Order being dismissed.
*Please note that the respondent will be notified that a petition has been filed against him/her whether the Ex-Parte Temporary CSPO is issued or denied.
Attending the Full Hearing
At the Full Hearing, you will be required to tell your story, again. You and the respondent will each have an opportunity to present any witnesses, photographs, recordings, police reports or other evidence that will help support your respective versions of events. You may call the respondent as a witness, and he/she may call you as a witness. After all testimony has been given and all evidence presented, the Magistrate will decide whether you are entitled to a Full Hearing CSPO. This is a final appealable order that will remain in effect for up to five (5) years as determined by the Court.
Violation of a CSPO
Violation of a CSPO is a crime in Ohio. If the respondent violates the CSPO, you must contact local law enforcement, not the Court. The respondent can be arrested if still in the area when police arrive. You cannot give the respondent permission to violate the order.
Filing an Objection to a Magistrate’s Decision
Any objection of a Magistrate’s decision must be filed within fourteen (14) days of the Court’s file stamped date on the order. When the Objection to a Magistrate’s Decision has been filed with the Court, a hearing date will be scheduled before the Judge to whom the case was originally assigned. A transcript of the hearing, from which the objection is being filed, is required by the Judge in order to review the decision made by the Magistrate at the previous hearing. Instructions for obtaining a transcript can be found on our Transcripts of Proceedings page. The cost of the transcript will be the responsibility of the person filing the objection.
These guidelines are intended to help everyone present their case. This is not legal advice. You cannot ask the Magistrate, Court Administration, or the Clerk of Courts for legal advice, or for help in filling out your CSPO Petition. If you feel you cannot present your case alone, you may hire an attorney at your expense.