Does Ohio’s “preferred arrest” policy for domestic violence cases also apply to menacing by stalking cases?
Yes. If a law enforcement officer has reasonable cause to believe that someone has committed menacing by stalking, or violated a Criminal Protection Order or a Stalking or Sexually Oriented Offense Protection Order (SSOOPO), the “preferred course of action” is to arrest the stalker even if the officer has not yet obtained an arrest warrant. See R.C. 2935.03(B) and 2935.032(A). Therefore, police officers and sheriff’s deputies should not hesitate to take immediate action to arrest the stalker or protection order violator. What are the major differences between a Criminal Protection Order and a civil Stalking or Sexually Oriented Offense Protection Order (SSOOPO)? The most important difference is that a Criminal Protection Order only remains in effect until the disposition of the criminal case. In other words, once the stalker or sexual offender is convicted and sentenced, the criminal protection order automatically expires. By contrast, an SSOOPO may remain in effect and be enforceable
