Warrants and Civil Process

Click Here to Download a Certification for Ohio Service Form

Warrants Section

The Warrants Section is charged with the responsibility of processing and returning all Warrants of Arrest and Criminal Summons. Additionally, this section is responsible for coordinating the transport of inmates in custody in other jurisdictions on a warrant issued by any of the Allen County Courts and for the transportation of all convicted defendants sentenced to any of the state correctional facilities.

The Allen County Sheriff’s Office has between 1,000 and 1,300 active warrants and summons at any given time. Many means are used to try to locate the individuals named in the warrants and summons, including using Crimestoppers.

Warrants

A warrant is a written order issued by any court of jurisdiction, made on behalf of the state or city, and is based upon a complaint issued from a statute, ordinance or court rule. It requires that the person named in the warrant be arrested by law enforcement and brought before the issuing court to answer to the charges contained in the complaint.

Criminal Summons

A criminal summons is a written order issued by any court of jurisdiction, made on behalf of the state or city, and is based upon a complaint issued from a statute, ordinance or court rule. It requires that the person named in the summons be notified by law enforcement that the person is required to appear before the issuing court on a specified date and time to answer to the charges contained in the complaint.

Civil Process Section

The Civil Process Section is charged with the responsibility of processing and returning all subpoenas, protection orders, civil process orders and probate orders. Most of the cases processed by the Civil Process Section relates to matters of private rights and remedies sought by civil actions as contrasted with criminal proceedings. This entails the notices of lawsuits, grand jury subpoenas, foreclosure notices, divorce paper service, etc.

Subpoenas

  • A Subpoena is a command to appear at a certain time and place to give testimony upon a certain matter.
  • A Subpoena Duce's Tecum is a process by which the court commands a witness who has in his command or control some document or paper that is pertinent to the issues of a pending controversy, to produce it at the trial.

Protection Orders

  • A Temporary Restraining Order (TRO) is usually issued in cases of divorce and is primarily used to prevent financial damage from hiding, destroying or disposing of assets prior to the divorce hearing. It also is used to prevent abuse between intimate partners but is not a protective order.
  • A Temporary Protection Order (TPO) is issued to protect a victim from harm from a person. It is issued until a full hearing can be heard on the case and a Civil Protection Order is issued. It cannot be waived or nullified by consent or invitation by the protected person. Only the issuing court can vacate or modify the order.
    A Civil Protection Order (CPO) grants protection to a family or household member after a full hearing. It will set out guidelines of behavior, counseling, weapons, prohibitions, custody, support, other financial considerations, and eviction. It cannot be waived or nullified by consent or invitation by the protected person. Only the issuing court can vacate or modify the order.
  • A Stalking Protection Order (SPO) is issued to protect victims of certain criminal offenses that are not related as a family or household member. It is valid until a a full hearing is held for a Civil Stalking Protection Order. It cannot be waived or nullified by consent or invitation by the protected person. Only the issuing court can vacate or modify the order.
  • A Civil Stalking Protection Order (CSPO) is issued to any victim or household member of the victim as a protection from menacing by stalking. No relationship to the stalker is required for issuance and is an order with any terms necessary to insure the safety of the victim and family members.

All protection orders issued from any other state or jurisdiction are valid and enforceable as if they were issued in Allen County.

Probate Orders

Probate Orders are initiated in the Probate Court and usually deal with competency hearing or placements. These orders either require a person’s presence for a court hearing, or order the Sheriff to transport an individual to a specific location for treatment or evaluation of mental health.

Civil Process

In addition to the above orders, the Civil Process section is responsible for various other writs. These include Summons on Complaint, Notices of Hearing, Writs of Injunction, Writs of Garnishment, Writs of Habeas Corpus, Writs of Mandamus, Eminent Domain Proceedings, Jury Notices, etc. Any order from the court that instructs the Sheriff to act upon can be processed through this section.

Foreign Civil Process Service

When documents from other jurisdictions, either from Ohio or from out of state, are requested to be served in Allen County, certain processes are required.

Civil Process Instructions for the State of Ohio

  • When documents are filed in the State of Ohio and you are requesting service in Allen County, Ohio law requires the original document to be filed in the clerk of courts prior to processing for service
  • Send the original summons / subpoena / order / other documents, and also a copy to be served, to the Allen County Sheriff’s Office - Civil Process Section at the address listed below. You will be billed on the document return for the
    processing service according to fees set by the State of Ohio. Please enclose a self-addressed stamped envelope.
  • Please provide "Instructions for Service" indicating "personal or residential" service.
  • "Personal" service is defined as "being served in hand" only to the person/company to be served.
  • "Residential" service is served to anyone of suitable age or discretion residing at the service address who can sign in receipt of the document.
  • We will attempt service and then complete the original return for your files. Please allow up to 3-4 weeks for service and return.
  • Cases where an affidavit of indigence is filed in the clerk of courts, a copy of the "affidavit of indigence" needs to be included for the fees to be waived.

Click Here to Download State of Ohio Instructions

Civil Process Instructions for Outside the State of Ohio

  • When documents are filed outside the State of Ohio and you are requesting service in Allen County, Ohio law requires a certification form to be completed for "Out of State" service. The original of the signed certification form will need to be mailed to the Allen County Sheriff’s Office - Civil Process Section at the address listed below.
  • Along with the certification form that is required to be mailed to our office, please send a complete set of the summons / subpoena / order / other documents to be served and a copy to be used for a return with our affidavit for service. See link for the "Out of State Certification Form".
  • Please provide Instructions for Service indicating "personal or residential" service.
  • "Personal" service is defined as "being served "in hand" only to the person/company to be served.
  • "Residential" service is served to anyone of suitable age or discretion residing at the service address who can sign in receipt of the document.
  • Include your money order, certified or cashier’s check (a law firm check is also acceptable) in the amount of $45.00 for each person to be served. Make your check payable to "Allen County Sheriff’s Office". Please enclose a self-addressed stamped envelope for the return.
  • We will attempt service, and complete the return along with an "Affidavit for Service". Please allow up to 3-4 weeks for service and return.

Click Here to Download Out of State Instructions

Click Here to Download a Certification for Ohio Service Form

Mail Completed Original Certification and Related Documents to:

Allen County Sheriff's Office
Civil Process Section
333 N. Main St.
Lima, Ohio 45801
Phone: 419-993-1411 FAX: 419-227-2004
Hours of Operation: Monday – Friday 8:00 a.m. – 4:00 p.m. EST

Contact Information

Allen County Sheriff’s Office - Warrants and Civil Process

Business Phone: (419) 223-8569 (warrants)

Business Phone: (419) 223-8576 (civil process)

Business Fax: (419) 227-2004

whitling@acso-oh.us (Warrants)

stiltnert@acso-oh.us  (Civil Process)