As Introduced 1
122nd General Assembly 4
Regular Session H. B. No. 302 5
1997-1998 6
REPRESENTATIVES MYERS-TIBERI-BOYD-BATEMAN-FORD-PADGETT-SCHULER- 8
HAINES-O'BRIEN-THOMAS-ROMAN-BRADING-CATES-CORBIN-PRINGLE-MOTTLEY- 9
VESPER-NETZLEY-TERWILLEGER 10
12
A B I L L
To amend sections 737.11, 1901.18, 1901.19, 1907.18, 14
2903.213, 2919.27, 2919.271, and 2937.23 and to 15
enact section 2903.214 of the Revised Code to 16
authorize the issuance of a civil protection 17
order to protect a person who has been a victim 18
of menacing by stalking and to maintain the 19
provisions of this act on and after July 1, 20
1997, by amending the version of section 1901.19 21
of the Revised Code that takes effect on that 22
date. 23
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 25
Section 1. That sections 737.11, 1901.18, 1901.19, 27
1907.18, 2903.213, 2919.27, 2919.271, and 2937.23 be amended and 29
section 2903.214 of the Revised Code be enacted to read as
follows:
Sec. 737.11. The police force of a municipal corporation 38
shall preserve the peace, protect persons and property, and obey 39
and enforce all ordinances of the legislative authority of the 40
municipal corporation, all criminal laws of the state and the 41
United States, all court orders issued and consent agreements 42
approved pursuant to sections 2919.26 and 3113.31 of the Revised 43
Code, and all anti-stalking protection orders issued pursuant to 44
section 2903.213 OR 2903.214 of the Revised Code. The fire 45
department shall protect the lives and property of the people in 46
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case of fire. Both the police and fire departments shall perform 47
any other duties that are provided by ordinance. The police and 48
fire departments in every city shall be maintained under the 49
civil service system. 50
A chief or officer of a police force of a municipal 52
corporation may participate, as the director of an organized 53
crime task force established under section 177.02 of the Revised 54
Code or as a member of the investigatory staff of such a task 55
force, in an investigation of organized criminal activity in any 56
county or counties in this state under sections 177.01 to 177.03 57
of the Revised Code. 58
Sec. 1901.18. (A) Except as otherwise provided in this 67
division or section 1901.181 of the Revised Code, subject to the 68
monetary jurisdiction of municipal courts as set forth in section 69
1901.17 of the Revised Code, a municipal court has original 70
jurisdiction within its territory in all of the following actions 71
or proceedings and to perform all of the following functions: 72
(1) In any civil action, of whatever nature or remedy, of 74
which judges of county courts have jurisdiction; 75
(2) In any action or proceeding at law for the recovery of 77
money or personal property of which the court of common pleas has 78
jurisdiction; 79
(3) In any action at law based on contract, to determine, 81
preserve, and enforce all legal and equitable rights involved in 82
the contract, to decree an accounting, reformation, or 83
cancellation of the contract, and to hear and determine all legal 84
and equitable remedies necessary or proper for a complete 85
determination of the rights of the parties to the contract; 86
(4) In any action or proceeding for the sale of personal 88
property under chattel mortgage, lien, encumbrance, or other 89
charge, for the foreclosure and marshalling of liens on personal 91
property of that nature, and for the rendering of personal
judgment in the action or proceeding; 93
(5) In any action or proceeding to enforce the collection 95
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of its own judgments or the judgments rendered by any court 96
within the territory to which the municipal court has succeeded, 97
and to subject the interest of a judgment debtor in personal 98
property to satisfy judgments enforceable by the municipal court; 99
(6) In any action or proceeding in the nature of 101
interpleader; 102
(7) In any action of replevin; 104
(8) In any action of forcible entry and detainer; 106
(9) In any action concerning the issuance and enforcement 108
of temporary protection orders pursuant to section 2919.26 of the 109
Revised Code or anti-stalking protection orders pursuant to 110
section 2903.213 of the Revised Code; 111
(10) If the municipal court has a housing or environmental 113
division, in any action over which the division is given 114
jurisdiction by section 1901.181 of the Revised Code, provided 115
that, except as specified in division (C) of that section, no 116
judge of the court other than the judge of the division shall 117
hear or determine any action over which the division has 118
jurisdiction; 119
(11) In any action brought pursuant to division (I) of 121
section 3733.11 of the Revised Code, if the residential premises 122
that are the subject of the action are located within the 123
territorial jurisdiction of the court; 124
(12) In any civil action as described in division (B)(1) 126
of section 3767.41 of the Revised Code that relates to a public 127
nuisance, and, to the extent any provision of this chapter 128
conflicts or is inconsistent with a provision of that section, 129
the provision of that section shall control in the civil action. 130
(B) The Cleveland municipal court also shall have 133
jurisdiction within its territory in all of the following actions 134
or proceedings and to perform all of the following functions: 135
(1) In all actions and proceedings for the sale of real 137
property under lien of a judgment of the municipal court or a 138
lien for machinery, material, or fuel furnished or labor 139
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performed, irrespective of amount, and, in those actions and 141
proceedings, the court may proceed to foreclose and marshal all 143
liens and all vested or contingent rights, to appoint a receiver, 144
and to render personal judgment irrespective of amount in favor 145
of any party.
(2) In all actions for the foreclosure of a mortgage on 147
real property given to secure the payment of money or the 148
enforcement of a specific lien for money or other encumbrance or 149
charge on real property, when the amount claimed by the plaintiff 150
does not exceed fifteen thousand dollars and the real property is 152
situated within the territory, and, in those actions, the court 153
may proceed to foreclose all liens and all vested and contingent 154
rights and may proceed to render judgments and make findings and 157
orders between the parties in the same manner and to the same 158
extent as in similar actions in the court of common pleas. 160
(3) In all actions for the recovery of real property 162
situated within the territory to the same extent as courts of 163
common pleas have jurisdiction; 164
(4) In all actions for injunction to prevent or terminate 166
violations of the ordinances and regulations of the city of 167
Cleveland enacted or promulgated under the police power of the 168
city of Cleveland, pursuant to Section 3 of Article XVIII, Ohio 169
Constitution, over which the court of common pleas has or may 170
have jurisdiction, and, in those actions, the court may proceed 172
to render judgments and make findings and orders in the same 175
manner and to the same extent as in similar actions in the court 177
of common pleas.
Sec. 1901.19. (A) Subject to the monetary jurisdiction of 186
municipal courts as set forth in section 1901.17 of the Revised 187
Code, a municipal court and a housing or environmental division 188
of a municipal court have jurisdiction within its territory in 189
all of the following actions or proceedings and to perform all of 190
the following functions: 191
(1) To compel attendance of witnesses in any pending 193
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action or proceeding in the same manner as the court of common 194
pleas; 195
(2) To issue executions on its own judgments; 197
(3) In any legal or equitable action or proceeding, to 199
enforce the collection of its own judgments; 200
(4) In any civil action or proceeding at law in which the 202
subject matter of the action or proceeding is located within the 203
territory or when the defendant or any of the defendants resides 204
or is served with summons within the territory; 205
(5) To issue and enforce any order of attachment; 207
(6) In any action or proceeding in the nature of 209
creditors' bills, and in aid of execution, to subject the 210
interest of a judgment debtor in personal property to the payment 211
of a judgment of the court; 212
(7) To issue and enforce temporary protection orders 214
pursuant to section 2919.26 of the Revised Code and anti-stalking 215
protection orders pursuant to section 2903.213 of the Revised 216
Code. 217
(B) Subject to the limitation set forth in this division, 219
a municipal court or a housing or environmental division of a 220
municipal court has jurisdiction outside its territory in a 221
proceeding in aid of execution to subject to the payment of the 222
judgment the interest in personal property of a judgment debtor 223
under a judgment rendered by the court or division. The 224
jurisdiction provided in this division includes the county or 225
counties in which the territory of the court or division in 226
question is situated and any county that is contiguous to that in 227
which the court or division is located. A court or division that 228
has jurisdiction under this division outside its territory in a 229
proceeding in aid of execution has the same powers, duties, and 230
functions relative to the proceeding that it has relative to 231
proceedings in aid of execution over which it has jurisdiction 232
other than under this division. 233
(C)(1) In any action for garnishment of personal earnings 235
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brought in a municipal court, the court has jurisdiction to serve 236
process pursuant to section 2716.05 of the Revised Code upon a 237
garnishee who resides in a county contiguous to that in which the 238
court is located. 239
(2) In any action for garnishment of property, other than 241
personal earnings, brought in a municipal court under section 242
2716.11 of the Revised Code, the court has jurisdiction to serve 243
process pursuant to section 2716.13 of the Revised Code upon a 244
garnishee who resides in a county contiguous to that in which the 245
court is located. 246
(3) Whenever a motion for attachment is filed in a 248
municipal court under section 2715.03 of the Revised Code, the 249
court has jurisdiction to serve process pursuant to section 250
2715.091 of the Revised Code upon a garnishee who resides in a 251
county contiguous to that in which the court is located. 252
(D) The municipal court of Cleveland also has jurisdiction 254
in all actions and proceedings in the nature of creditors' bills, 255
and in aid of execution to subject the interests of a judgment 256
debtor in real or personal property to the payment of a judgment 257
of the court. In such actions and proceedings, the court may 258
proceed to marshal and foreclose all liens on the property 259
irrespective of the amount of the lien, and all vested or 260
contingent rights in the property. 261
Sec. 1907.18. (A) County court judges, within and 270
coextensive with their respective counties, have jurisdiction and 271
authority to: 272
(1) Administer an oath authorized or required by law to be 274
administered; 275
(2) Take acknowledgments of instruments of writing; 277
(3) Issue subpoenas to compel the attendance of witnesses 279
to give evidence in causes or matters pending before the judges, 280
or for the purpose of taking depositions or perpetuating 281
testimony; 282
(4) Proceed against sheriffs, deputy sheriffs, and 284
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constables failing to make return, making false return, or 285
failing to pay over money collected on execution issued by the 286
judges; 287
(5) Try actions against other county court judges for 289
refusing or neglecting to pay over moneys collected in their 290
official capacity when the amount claimed does not exceed five 291
hundred dollars. This division does not deny or impair any 292
remedy provided by law in such a case by suit on the official 293
bond of such a county court judge, or by amercement or otherwise, 294
for neglect or failure to pay over money so collected. 295
(6) Hear actions concerning the issuance and enforcement 297
of, issue, and enforce temporary protection orders pursuant to 298
section 2919.26 of the Revised Code and anti-stalking protection 299
orders pursuant to section 2903.213 of the Revised Code. 300
(B) County court judges may punish contempts, and exercise 302
powers necessary to give effect to the jurisdiction of the court 303
and to enforce its judgments, orders, and decrees, as provided in 304
this chapter or, in the absence of a provision in this chapter, 305
in a manner authorized by the Revised Code or common law for the 306
judges of the courts of common pleas. 307
(C) County court judges have jurisdiction and authority to 309
perform marriage ceremonies anywhere in the state. 310
Sec. 2903.213. (A) Except when the complaint involves a 319
person who is a family or household member as defined in section 320
2919.25 of the Revised Code, upon the filing of a complaint that 321
alleges a violation of section 2903.21, 2903.211, 2903.22, or 322
2911.211 of the Revised Code, the complainant may file a motion 323
that requests the issuance of an anti-stalking A protection order 325
as a pretrial condition of release of the alleged offender, in 326
addition to any bail set under Criminal Rule 46. The motion 327
shall be filed with the clerk of the court that has jurisdiction 328
of the case at any time after the filing of the complaint. If 329
the complaint involves a person who is a family or household 330
member, the complainant may file a motion for a temporary 331
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protection order pursuant to section 2919.26 of the Revised Code. 332
(B) A motion for an anti-stalking A protection order UNDER 334
THIS SECTION shall be prepared on a form that is provided by the 336
clerk of the court, which AND THE form shall be substantially as 337
follows:
"Motion for Anti-stalking Protection Order 338
................. Court 339
Name and address of court 340
State of Ohio 342
v. No. ....... 343
..................................... 344
Name of Defendant 345
(Name of person), the complainant in the above-captioned case, 347
moves the court to issue an anti-stalking A protection order 348
containing terms designed to ensure the safety and protection of 349
the complainant in relation to the named defendant, pursuant to 350
its authority to issue such an A PROTECTION order under section 351
2903.213 of the Revised Code. 353
A complaint, a copy of which has been attached to this 355
motion, has been filed in this court charging the named defendant 356
with a violation of section 2903.21, 2903.211, 2903.22, or 357
2911.211 of the Revised Code. 358
I understand that I must appear before the court, at a time 360
set by the court not later than the next day that the court is in 361
session after the filing of this motion, for a hearing on the 362
motion, and that any anti-stalking protection order granted 363
pursuant to this motion is a pretrial condition of release and is 364
effective only until the disposition of the criminal proceeding 365
arising out of the attached complaint OR UNTIL THE ISSUANCE UNDER 366
SECTION 2903.214 OF THE REVISED CODE OF A PROTECTION ORDER 367
ARISING OUT OF THE SAME ACTIVITIES AS THOSE THAT WERE THE BASIS 369
OF THE ATTACHED COMPLAINT.
..................................... 371
Signature of complainant 373
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..................................... 375
Address of complainant" 377
(C) As soon as possible after the filing of a motion that 379
requests the issuance of an anti-stalking A protection order 380
UNDER THIS SECTION, but not later than the next day that the 382
court is in session after the filing of the motion, the court 383
shall conduct a hearing to determine whether to issue the order. 384
The complainant shall appear before the court and provide the 385
court with the information that it requests concerning the basis 386
of the motion. If the court finds that the safety and protection 387
of the complainant may be impaired by the continued presence of 388
the alleged offender, the court may issue an anti-stalking A 389
protection order UNDER THIS SECTION, as a pretrial condition of 391
release, that contains terms designed to ensure the safety and 393
protection of the complainant, including a requirement that the 394
alleged offender refrain from entering the residence, school, 395
business, or place of employment of the complainant. 396
(D)(1) Except when the complaint involves a person who is 398
a family or household member as defined in section 2919.25 of the 399
Revised Code, upon the filing of a complaint that alleges a 400
violation of section 2903.21, 2903.211, 2903.22, or 2911.211 of 401
the Revised Code, the court, upon its own motion, may issue an 402
anti-stalking A protection order UNDER THIS SECTION as a pretrial 404
condition of release of the alleged offender if it finds that the 405
safety and protection of the complainant may be impaired by the 406
continued presence of the alleged offender. 407
(2) If the court issues an anti-stalking A protection 409
order under this section as an ex parte order, it shall conduct, 410
as soon as possible after the issuance of the order but not later 411
than the next day THAT the court is in session after its 412
issuance, a hearing to determine whether the order should remain 413
in effect, be modified, or be revoked. The hearing shall be 414
conducted under the standards set forth in division (C) of this 415
section.
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(E) An anti-stalking A protection order that is issued as 417
a pretrial condition of release under this section: 418
(1) Is in addition to, but shall not be construed as a 420
part of, any bail set under Criminal Rule 46; 421
(2) Is effective only until the disposition of the 423
criminal proceeding arising out of the complaint upon which it is 424
based OR UNTIL THE ISSUANCE UNDER SECTION 2903.214 OF THE REVISED 425
CODE OF A PROTECTION ORDER ARISING OUT OF THE SAME ACTIVITIES AS 426
THOSE THAT WERE THE BASIS OF THE COMPLAINT FILED UNDER THIS 427
SECTION;
(3) Shall not be construed as a finding that the alleged 429
offender committed the alleged offense, and shall not be 430
introduced as evidence of the commission of the offense at the 431
trial of the alleged offender on the complaint upon which the 432
order is based. 433
(F) A person who meets the criteria for bail under 435
Criminal Rule 46 and who, if required to do so pursuant to that 436
rule, executes or posts bond or deposits cash or securities as 437
bail, shall not be held in custody pending a hearing before the 438
court on a motion requesting an anti-stalking A protection order 439
UNDER THIS SECTION. 440
(G)(1) A copy of any anti-stalking A protection order that 442
is issued under this section shall be issued by the court to the 443
complainant, to the defendant, and to all law enforcement 444
agencies that have jurisdiction to enforce the order. The court 445
shall direct that a copy of the order be delivered to the 446
defendant on the same day that the order is entered. 447
(2) All law enforcement agencies shall establish and 449
maintain an index for the anti-stalking protection orders 450
delivered to the agencies pursuant to division (G)(1) of this 451
section. With respect to each order delivered, each agency shall 452
note on the index, the date and time of the AGENCY'S receipt of 453
the order by the agency. 454
(3) Any REGARDLESS OF WHETHER THE PETITIONER HAS 456
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REGISTERED THE PROTECTION ORDER IN THE COUNTY IN WHICH THE 457
OFFICER'S AGENCY HAS JURISDICTION, ANY officer of a law 458
enforcement agency shall enforce an anti-stalking A protection 459
order ISSUED PURSUANT TO THIS SECTION in accordance with the 460
provisions of the order. 461
(H) Upon a violation of an anti-stalking A protection 463
order ISSUED PURSUANT TO THIS SECTION, the court may issue 465
another anti-stalking protection order UNDER THIS SECTION, as a 466
pretrial condition of release, that modifies the terms of the 467
order that was violated. 468
(I) Notwithstanding any provision of law to the contrary, 470
no court shall charge a fee for the filing of a motion pursuant 471
to this section. 472
Sec. 2903.214. (A) AS USED IN THIS SECTION: 474
(1) "COURT" MEANS THE COURT OF COMMON PLEAS OF THE COUNTY 476
IN WHICH THE PERSON TO BE PROTECTED BY THE PROTECTION ORDER 477
RESIDES.
(2) "VICTIM ADVOCATE" MEANS A PERSON WHO PROVIDES SUPPORT 479
AND ASSISTANCE FOR A PERSON WHO FILES A PETITION UNDER THIS 481
SECTION.
(B) THE COURT HAS JURISDICTION OVER ALL PROCEEDINGS UNDER 483
THIS SECTION. 484
(C) A PERSON MAY SEEK RELIEF UNDER THIS SECTION FOR THE 487
PERSON, OR ANY PARENT OR ADULT HOUSEHOLD MEMBER MAY SEEK RELIEF 488
UNDER THIS SECTION ON BEHALF OF ANY OTHER FAMILY OR HOUSEHOLD 489
MEMBER, BY FILING A PETITION WITH THE COURT. THE PETITION SHALL 490
CONTAIN OR STATE BOTH OF THE FOLLOWING: 491
(1) AN ALLEGATION THAT THE RESPONDENT ENGAGED IN A 493
VIOLATION OF SECTION 2903.211 OF THE REVISED CODE AGAINST THE 494
PERSON TO BE PROTECTED BY THE PROTECTION ORDER, INCLUDING A 495
DESCRIPTION OF THE NATURE AND EXTENT OF THE VIOLATION; 496
(2) A REQUEST FOR RELIEF UNDER THIS SECTION. 498
(D) IF A PERSON WHO FILES A PETITION PURSUANT TO THIS 500
SECTION REQUESTS AN EX PARTE ORDER, THE COURT SHALL HOLD AN EX 501
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PARTE HEARING ON THE SAME DAY THAT THE PETITION IS FILED. THE 502
COURT, FOR GOOD CAUSE SHOWN AT THE EX PARTE HEARING, MAY ENTER 503
ANY TEMPORARY ORDERS, WITH OR WITHOUT BOND, THAT THE COURT FINDS 504
NECESSARY FOR THE SAFETY AND PROTECTION OF THE PERSON TO BE 505
PROTECTED BY THE ORDER. IMMEDIATE AND PRESENT DANGER TO THE 506
PERSON TO BE PROTECTED BY THE PROTECTION ORDER CONSTITUTES GOOD 507
CAUSE FOR PURPOSES OF THIS SECTION. IMMEDIATE AND PRESENT DANGER 508
INCLUDES, BUT IS NOT LIMITED TO, SITUATIONS IN WHICH THE 509
RESPONDENT HAS THREATENED THE PERSON TO BE PROTECTED BY THE 510
PROTECTION ORDER WITH BODILY HARM OR IN WHICH THE RESPONDENT HAS
PREVIOUSLY ENGAGED IN A VIOLATION OF SECTION 2903.211 OF THE 512
REVISED CODE AGAINST THE PERSON TO BE PROTECTED BY THE PROTECTION
ORDER.
IF THE COURT, AFTER AN EX PARTE HEARING, ISSUES A 514
PROTECTION ORDER DESCRIBED IN DIVISION (E) OF THIS SECTION, THE 515
COURT SHALL SCHEDULE A FULL HEARING THAT SHALL BE HELD WITHIN TEN 516
DAYS AFTER THE EX PARTE HEARING. THE RESPONDENT SHALL BE GIVEN 517
NOTICE OF, AND AN OPPORTUNITY TO BE HEARD AT, THE FULL HEARING. 518
IF A PERSON WHO FILES A PETITION PURSUANT TO THIS SECTION 520
DOES NOT REQUEST AN EX PARTE ORDER, OR IF A PERSON REQUESTS AN EX 521
PARTE ORDER BUT THE COURT DOES NOT ISSUE AN EX PARTE ORDER AFTER 522
AN EX PARTE HEARING, THE COURT SHALL PROCEED AS IN A NORMAL CIVIL 523
ACTION AND GRANT A FULL HEARING ON THE MATTER. 524
(E)(1) AFTER AN EX PARTE OR FULL HEARING, THE COURT MAY 526
ISSUE ANY PROTECTION ORDER, WITH OR WITHOUT BOND, THAT CONTAINS 528
TERMS DESIGNED TO ENSURE THE SAFETY AND PROTECTION OF THE PERSON
TO BE PROTECTED BY THE PROTECTION ORDER, INCLUDING, BUT NOT 529
LIMITED TO, A REQUIREMENT THAT THE RESPONDENT REFRAIN FROM 531
ENTERING THE RESIDENCE, SCHOOL, BUSINESS, OR PLACE OF EMPLOYMENT 532
OF THE PETITIONER OR FAMILY OR HOUSEHOLD MEMBER. 533
(2)(a) ANY PROTECTION ORDER ISSUED PURSUANT TO THIS 535
SECTION SHALL BE VALID UNTIL A DATE CERTAIN BUT NOT LATER THAN 537
TWO YEARS FROM THE DATE OF ITS ISSUANCE.
(b) ANY PROTECTION ORDER ISSUED PURSUANT TO THIS SECTION 539
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MAY BE RENEWED IN THE SAME MANNER AS THE ORIGINAL ORDER WAS 541
ISSUED.
(3) A COURT MAY NOT ISSUE A PROTECTION ORDER THAT REQUIRES 543
A PETITIONER TO DO OR TO REFRAIN FROM DOING AN ACT THAT THE COURT 544
MAY REQUIRE A RESPONDENT TO DO OR TO REFRAIN FROM DOING UNDER 546
DIVISION (E) OF THIS SECTION UNLESS ALL OF THE FOLLOWING APPLY: 547
(a) THE RESPONDENT FILES A SEPARATE PETITION FOR A 549
PROTECTION ORDER IN ACCORDANCE WITH THIS SECTION. 551
(b) THE PETITIONER IS SERVED WITH NOTICE OF THE 553
RESPONDENT'S PETITION AT LEAST FORTY-EIGHT HOURS BEFORE THE COURT 556
HOLDS A HEARING WITH RESPECT TO THE RESPONDENT'S PETITION, OR THE 557
PETITIONER WAIVES THE RIGHT TO RECEIVE THIS NOTICE. 558
(c) IF THE PETITIONER HAS REQUESTED AN EX PARTE ORDER 560
PURSUANT TO DIVISION (D) OF THIS SECTION, THE COURT DOES NOT 561
DELAY ANY HEARING REQUIRED BY THAT DIVISION BEYOND THE TIME 562
SPECIFIED IN THAT DIVISION IN ORDER TO CONSOLIDATE THE HEARING 563
WITH A HEARING ON THE PETITION FILED BY THE RESPONDENT. 564
(d) AFTER A FULL HEARING AT WHICH THE RESPONDENT PRESENTS 566
EVIDENCE IN SUPPORT OF THE REQUEST FOR A PROTECTION ORDER AND THE 567
PETITIONER IS AFFORDED AN OPPORTUNITY TO DEFEND AGAINST THAT 568
EVIDENCE, THE COURT DETERMINES THAT THE PETITIONER HAS COMMITTED 569
A VIOLATION OF SECTION 2903.211 OF THE REVISED CODE AGAINST THE 570
PERSON TO BE PROTECTED BY THE PROTECTION ORDER ISSUED PURSUANT TO 571
THIS SECTION OR HAS VIOLATED A PROTECTION ORDER ISSUED PURSUANT 573
TO SECTION 2903.213 OF THE REVISED CODE RELATIVE TO THE PERSON TO
BE PROTECTED BY THE PROTECTION ORDER ISSUED PURSUANT TO THIS 574
SECTION.
(4) NO PROTECTION ORDER ISSUED PURSUANT TO THIS SECTION 576
SHALL IN ANY MANNER AFFECT TITLE TO ANY REAL PROPERTY. 577
(F)(1) THE COURT SHALL CAUSE THE DELIVERY OF A COPY OF ANY 579
PROTECTION ORDER THAT IS ISSUED UNDER THIS SECTION TO THE 582
PETITIONER, TO THE RESPONDENT, AND TO ALL LAW ENFORCEMENT 583
AGENCIES THAT HAVE JURISDICTION TO ENFORCE THE ORDER. THE COURT 584
SHALL DIRECT THAT A COPY OF THE ORDER BE DELIVERED TO THE 585
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RESPONDENT ON THE SAME DAY THAT THE ORDER IS ENTERED. 586
(2) ALL LAW ENFORCEMENT AGENCIES SHALL ESTABLISH AND 588
MAINTAIN AN INDEX FOR THE PROTECTION ORDERS DELIVERED TO THE 589
AGENCIES PURSUANT TO DIVISION (F)(1) OF THIS SECTION. WITH 591
RESPECT TO EACH ORDER DELIVERED, EACH AGENCY SHALL NOTE ON THE 592
INDEX THE DATE AND TIME THAT IT RECEIVED THE ORDER. 593
(3) REGARDLESS OF WHETHER THE PETITIONER HAS REGISTERED 595
THE PROTECTION ORDER IN THE COUNTY IN WHICH THE OFFICER'S AGENCY 597
HAS JURISDICTION PURSUANT TO DIVISION (M) OF THIS SECTION, ANY 598
OFFICER OF A LAW ENFORCEMENT AGENCY SHALL ENFORCE A PROTECTION 599
ORDER ISSUED PURSUANT TO THIS SECTION BY ANY COURT IN THIS STATE 601
IN ACCORDANCE WITH THE PROVISIONS OF THE ORDER, INCLUDING
REMOVING THE RESPONDENT FROM THE PREMISES, IF APPROPRIATE. 602
(G) ANY PROCEEDING UNDER THIS SECTION SHALL BE CONDUCTED 604
IN ACCORDANCE WITH THE RULES OF CIVIL PROCEDURE, EXCEPT THAT A 606
PROTECTION ORDER MAY BE OBTAINED UNDER THIS SECTION WITH OR 607
WITHOUT BOND. THE REMEDIES AND PROCEDURES PROVIDED IN THIS 608
SECTION ARE IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER 609
AVAILABLE CIVIL OR CRIMINAL REMEDIES. 610
(H) THE FILING OF PROCEEDINGS UNDER THIS SECTION DOES NOT 612
EXCUSE A PERSON FROM FILING ANY REPORT OR GIVING ANY NOTICE 613
REQUIRED BY SECTION 2151.421 OF THE REVISED CODE OR BY ANY OTHER 615
LAW.
(I) ANY LAW ENFORCEMENT AGENCY THAT INVESTIGATES AN 617
ALLEGED VIOLATION OF SECTION 2903.211 OF THE REVISED CODE SHALL 618
PROVIDE INFORMATION TO THE VICTIM AND THE FAMILY OR HOUSEHOLD 619
MEMBERS OF THE VICTIM REGARDING THE RELIEF AVAILABLE UNDER THIS 620
SECTION AND SECTION 2903.213 OF THE REVISED CODE. 621
(J) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, 623
NO COURT SHALL CHARGE A FEE FOR THE FILING OF A PETITION PURSUANT 624
TO THIS SECTION. 625
(K)(1) A PERSON WHO VIOLATES A PROTECTION ORDER ISSUED 627
UNDER THIS SECTION IS SUBJECT TO THE FOLLOWING SANCTIONS: 628
(a) CRIMINAL PROSECUTION FOR A VIOLATION OF SECTION 630
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2919.27 OF THE REVISED CODE, IF THE VIOLATION OF THE PROTECTION 631
ORDER CONSTITUTES A VIOLATION OF THAT SECTION; 632
(b) PUNISHMENT FOR CONTEMPT OF COURT. 634
(2) THE PUNISHMENT OF A PERSON FOR CONTEMPT OF COURT FOR 636
VIOLATION OF A PROTECTION ORDER ISSUED UNDER THIS SECTION DOES 637
NOT BAR CRIMINAL PROSECUTION OF THE PERSON FOR A VIOLATION OF 639
SECTION 2919.27 OF THE REVISED CODE. HOWEVER, A PERSON PUNISHED 640
FOR CONTEMPT OF COURT IS ENTITLED TO CREDIT FOR THE PUNISHMENT 641
IMPOSED UPON CONVICTION OF A VIOLATION OF THAT SECTION, AND A 642
PERSON CONVICTED OF A VIOLATION OF THAT SECTION SHALL NOT 643
SUBSEQUENTLY BE PUNISHED FOR CONTEMPT OF COURT ARISING OUT OF THE 644
SAME ACTIVITY.
(L) IN ALL STAGES OF A PROCEEDING UNDER THIS SECTION, A 646
PETITIONER MAY BE ACCOMPANIED BY A VICTIM ADVOCATE. 648
(M)(1) A PETITIONER WHO OBTAINS A PROTECTION ORDER UNDER 650
THIS SECTION OR A PROTECTION ORDER UNDER SECTION 2903.213 OF THE 651
REVISED CODE MAY PROVIDE NOTICE OF THE ISSUANCE OR APPROVAL OF 652
THE ORDER TO THE JUDICIAL AND LAW ENFORCEMENT OFFICIALS IN ANY 653
COUNTY OTHER THAN THE COUNTY IN WHICH THE ORDER IS ISSUED BY 654
REGISTERING THAT ORDER IN THE OTHER COUNTY PURSUANT TO DIVISION 656
(M)(2) OF THIS SECTION AND FILING A COPY OF THE REGISTERED ORDER
WITH A LAW ENFORCEMENT AGENCY IN THE OTHER COUNTY IN ACCORDANCE 657
WITH THAT DIVISION.
(2) A PETITIONER MAY REGISTER A PROTECTION ORDER ISSUED 660
PURSUANT TO THIS SECTION OR SECTION 2903.213 OF THE REVISED CODE
IN A COUNTY OTHER THAN THE COUNTY IN WHICH THE COURT THAT ISSUED 662
THE ORDER IS LOCATED IN THE FOLLOWING MANNER:
(a) THE PETITIONER SHALL OBTAIN A CERTIFIED COPY OF THE 664
ORDER FROM THE CLERK OF THE COURT THAT ISSUED THE ORDER AND 665
PRESENT THAT CERTIFIED COPY TO THE CLERK OF THE COURT OF COMMON 666
PLEAS OR THE CLERK OF A MUNICIPAL COURT OR COUNTY COURT IN THE 667
COUNTY IN WHICH THE ORDER IS TO BE REGISTERED.
(b) UPON ACCEPTING THE CERTIFIED COPY OF THE ORDER FOR 669
REGISTRATION, THE CLERK OF THE COURT OF COMMON PLEAS, MUNICIPAL 670
16
COURT, OR COUNTY COURT SHALL PLACE AN ENDORSEMENT OF REGISTRATION 672
ON THE ORDER AND GIVE THE PETITIONER A COPY OF THE ORDER THAT 673
BEARS THAT PROOF OF REGISTRATION.
(3) THE CLERK OF EACH COURT OF COMMON PLEAS, MUNICIPAL 676
COURT, OR COUNTY COURT SHALL MAINTAIN A REGISTRY OF CERTIFIED 677
COPIES OF PROTECTION ORDERS THAT HAVE BEEN ISSUED BY COURTS IN 680
OTHER COUNTIES PURSUANT TO THIS SECTION OR SECTION 2903.213 OF
THE REVISED CODE AND THAT HAVE BEEN REGISTERED WITH THE CLERK. 682
(4) IF A PETITIONER WHO OBTAINS A PROTECTION ORDER UNDER 684
THIS SECTION OR SECTION 2903.213 OF THE REVISED CODE WISHES TO 686
REGISTER THE ORDER IN ANY COUNTY OTHER THAN THE COUNTY IN WHICH 687
THE ORDER WAS ISSUED, PURSUANT TO DIVISIONS (M)(1) TO (3) OF THIS 688
SECTION, AND IF THE PETITIONER IS INDIGENT, BOTH OF THE FOLLOWING 689
APPLY:
(a) IF THE PETITIONER SUBMITS TO THE CLERK OF THE COURT 691
THAT ISSUED THE ORDER SATISFACTORY PROOF THAT THE PETITIONER IS 693
INDIGENT, THE CLERK MAY WAIVE ANY FEE THAT OTHERWISE WOULD BE
REQUIRED FOR PROVIDING THE PETITIONER WITH A CERTIFIED COPY OF 694
THE ORDER TO BE USED FOR PURPOSES OF DIVISIONS (M)(1) TO (3) OF 695
THIS SECTION. 696
(b) IF THE PETITIONER SUBMITS TO THE CLERK OF THE COURT OF 698
COMMON PLEAS OR THE CLERK OF A MUNICIPAL COURT OR COUNTY COURT IN 699
THE COUNTY IN WHICH THE ORDER IS TO BE REGISTERED SATISFACTORY 700
PROOF THAT THE PETITIONER IS INDIGENT, THE CLERK MAY WAIVE ANY 701
FEE THAT OTHERWISE WOULD BE REQUIRED FOR ACCEPTING FOR 702
REGISTRATION A CERTIFIED COPY OF THE ORDER, FOR PLACING AN 703
ENDORSEMENT OF REGISTRATION ON THE ORDER, OR FOR GIVING THE 704
PETITIONER A COPY OF THE ORDER THAT BEARS THE PROOF OF
REGISTRATION. 705
Sec. 2919.27. (A) No person shall recklessly violate any 715
terms of a protection order issued or consent agreement approved 716
pursuant to section 2919.26 or 3113.31 of the Revised Code or the 718
terms of an anti-stalking A protection order issued pursuant to 719
section 2903.213 OR 2903.214 of the Revised Code. 720
17
(B) Whoever violates this section is guilty of violating a 722
protection order or consent agreement or anti-stalking protection 724
order.
(1) If the offense involves a violation of a protection 727
order ISSUED or consent agreement APPROVED PURSUANT TO SECTION 728
2919.26 OR 3113.31 OF THE REVISED CODE, one of the following
applies: 729
(a) Except as otherwise provided in division (B)(1)(b) of 732
this section, violating a protection order or consent agreement 733
or anti-stalking protection order is a misdemeanor of the first 734
degree.
(b) If the offender previously has been convicted of or 737
pleaded guilty to two or more violations of section 2903.211 or 738
2911.211 of the Revised Code that involve the same person who is
the subject of the protection order or consent agreement or 739
previously has been convicted of or pleaded guilty to one or more 741
violations of this section, violating a protection order or 742
consent agreement or anti-stalking protection order is a felony 743
of the fifth degree.
(2) If the offense involves a violation of an 745
anti-stalking A protection order ISSUED PURSUANT TO SECTION 746
2903.213 OR 2903.214 OF THE REVISED CODE, one of the following 747
applies:
(a) Except as otherwise provided in division (B)(2)(b) of 750
this section, violating a protection order or consent agreement 751
or anti-stalking protection order is a misdemeanor of the first 752
degree.
(b) If the offender previously has been convicted of or 754
pleaded guilty to two or more violations of this section 755
involving an anti-stalking A protection order ISSUED PURSUANT TO 757
SECTION 2903.213 OR 2903.214 OF THE REVISED CODE, two or more 758
violations of section 2903.21, 2903.211, 2903.22, or 2911.211 of 759
the Revised Code that involve the same person who is the subject 760
of the anti-stalking protection order, or two or more violations 761
18
of section 2903.214 of the Revised Code as it existed prior to 762
the effective date of this amendment JULY 1, 1996, violating a 764
protection order or consent agreement or anti-stalking protection 765
order is a felony of the fifth degree.
Sec. 2919.271. (A)(1) If a defendant is charged with a 774
violation of section 2919.27 of the Revised Code or of a 775
municipal ordinance that is substantially similar to that 776
section, the court may order an evaluation of the mental 777
condition of the defendant if the court determines that either of 778
the following criteria apply: 779
(a) If the alleged violation is a violation of a 781
protection order issued or consent agreement approved pursuant to 782
section 2919.26 or 3113.31 of the Revised Code, that the 783
violation of the protection order or consent agreement allegedly 784
involves conduct by the defendant that caused physical harm to 785
the person or property of a family or household member covered by 786
the order or agreement, or conduct by the defendant that caused a 787
family or household member to believe that the defendant would 788
cause physical harm to that member or that member's property. 789
(b) If the alleged violation is a violation of an 791
anti-stalking A protection order issued pursuant to section 793
2903.213 OR 2903.214 of the Revised Code, that the violation of 795
the anti-stalking protection order allegedly involves conduct by 796
the defendant that caused physical harm to the person or property 797
of the person covered by the order, or conduct by the defendant 798
that caused the person covered by the order to believe that the
defendant would cause physical harm to that person or that 799
person's property.
(2) The evaluation shall be completed no later than thirty 801
days from the date the order is entered pursuant to division 802
(A)(1) of this section. In that order, the court shall do either 803
of the following: 804
(a) Order that the evaluation of the mental condition of 806
the defendant be preceded by an examination conducted either by a 807
19
forensic center that is designated by the department of mental 808
health to conduct examinations and make evaluations of defendants 809
charged with violations of section 2919.27 of the Revised Code or 810
of substantially similar municipal ordinances in the area in 811
which the court is located, or by any other program or facility 812
that is designated by the department of mental health or the 813
department of mental retardation and developmental disabilities 814
to conduct examinations and make evaluations of defendants 815
charged with violations of section 2919.27 of the Revised Code or 816
of substantially similar municipal ordinances, and that is 817
operated by either department or is certified by either 818
department as being in compliance with the standards established 819
under division (J) of section 5119.01 of the Revised Code or 820
division (C) of section 5123.04 of the Revised Code. 821
(b) Designate a center, program, or facility other than 823
one designated by the department of mental health or the 824
department of mental retardation and developmental disabilities, 825
as described in division (A)(2)(a) of this section, to conduct 827
the evaluation and preceding examination of the mental condition 828
of the defendant.
Whether the court acts pursuant to division (A)(2)(a) or 830
(b) of this section, the court may designate examiners other than 831
the personnel of the center, program, facility, or department 832
involved to make the evaluation and preceding examination of the 833
mental condition of the defendant. 834
(B) If the court considers that additional evaluations of 836
the mental condition of a defendant are necessary following the 837
evaluation authorized by division (A) of this section, the court 838
may order up to two additional similar evaluations. These 839
evaluations shall be completed no later than thirty days from the 840
date the applicable court order is entered. If more than one 841
evaluation of the mental condition of the defendant is ordered 842
under this division, the prosecutor and the defendant may 843
recommend to the court an examiner whom each prefers to perform 844
20
one of the evaluations and preceding examinations. 845
(C)(1) The court may order a defendant who has been 847
released on bail to submit to an examination under division (A) 848
or (B) of this section. The examination shall be conducted 849
either at the detention facility in which the defendant would 850
have been confined if the defendant had not been released on 851
bail, or, if so specified by the center, program, facility, or 852
examiners involved, at the premises of the center, program, or 853
facility. Additionally, the examination shall be conducted at 854
the times established by the examiners involved. If such a 855
defendant refuses to submit to an examination or a complete 856
examination as required by the court or the center, program, 857
facility, or examiners involved, the court may amend the 858
conditions of the bail of the defendant and order the sheriff to 859
take the defendant into custody and deliver the defendant to the 860
detention facility in which the defendant would have been 861
confined if the defendant had not been released on bail, or, if 863
so specified by the center, program, facility, or examiners
involved, to the premises of the center, program, or facility, 864
for purposes of the examination. 865
(2) A defendant who has not been released on bail shall be 867
examined at the detention facility in which the defendant is 868
confined or, if so specified by the center, program, facility, or 870
examiners involved, at the premises of the center, program, or 871
facility.
(D) The examiner of the mental condition of a defendant 873
under division (A) or (B) of this section shall file a written 874
report with the court within thirty days after the entry of an 875
order for the evaluation of the mental condition of the 876
defendant. The report shall contain the findings of the 877
examiner; the facts in reasonable detail on which the findings 878
are based; the opinion of the examiner as to the mental condition 879
of the defendant; the opinion of the examiner as to whether the 880
defendant represents a substantial risk of physical harm to other 881
21
persons as manifested by evidence of recent homicidal or other 882
violent behavior, evidence of recent threats that placed other 883
persons in reasonable fear of violent behavior and serious 884
physical harm, or evidence of present dangerousness; and the 885
opinion of the examiner as to the types of treatment or 886
counseling that the defendant needs. The court shall provide 887
copies of the report to the prosecutor and defense counsel. 888
(E) The costs of any evaluation and preceding examination 890
of a defendant that is ordered pursuant to division (A) or (B) of 891
this section shall be taxed as court costs in the criminal case. 892
(F) If the examiner considers it necessary in order to 894
make an accurate evaluation of the mental condition of a 895
defendant, an examiner under division (A) or (B) of this section 896
may request any family or household member of the defendant to 897
provide the examiner with information. A family or household 898
member may, but is not required to, provide information to the 899
examiner upon receipt of the request. 900
(G) As used in this section: 902
(1) "Bail" includes a recognizance. 904
(2) "Examiner" means a psychiatrist, a licensed 906
independent social worker who is employed by a forensic center 908
that is certified as being in compliance with the standards 909
established under division (J) of section 5119.01 or division (C) 910
of section 5123.04 of the Revised Code, a licensed professional 911
clinical counselor who is employed at a forensic center that is 912
certified as being in compliance with such standards, or a 913
licensed clinical psychologist, except that in order to be an 914
examiner, a licensed clinical psychologist shall meet the 915
criteria of division (I)(1) of section 5122.01 of the Revised 916
Code or be employed to conduct examinations by the department of 917
mental health or by a forensic center certified as being in 918
compliance with the standards established under division (J) of 919
section 5119.01 or division (C) of section 5123.04 of the Revised 920
Code that is designated by the department of mental health. 921
22
(3) "Family or household member" has the same meaning as 923
in section 2919.25 of the Revised Code. 924
(4) "Prosecutor" has the same meaning as in section 926
2935.01 of the Revised Code. 927
(5) "Psychiatrist" and "licensed clinical psychologist" 930
have the same meanings as in section 5122.01 of the Revised Code. 931
Sec. 2937.23. (A) In a case involving a felony, the judge 941
or magistrate shall fix the amount of bail. In a case involving
a misdemeanor or a violation of a municipal ordinance and not 942
involving a felony, the judge, magistrate, or clerk of the court 943
may fix the amount of bail and may do so in accordance with a 944
schedule previously fixed by the judge or magistrate, or, in a 946
case when the judge, magistrate, or clerk of the court is not 947
readily available, the sheriff, deputy sheriff, marshal, deputy 948
marshal, police officer, or jailer having custody of the person 949
charged may fix the amount of bail in accordance with a schedule 951
previously fixed by the judge or magistrate and shall take the 952
bail only in the county courthouse, the municipal or township 953
building, or the county or municipal jail. In all cases, the 954
bail shall be fixed with consideration of the seriousness of the 955
offense charged, the previous criminal record of the defendant, 956
and the probability of the defendant appearing at the trial of 957
the case.
(B) In any case involving an alleged violation of section 959
2919.27 of the Revised Code or of a municipal ordinance that is 960
substantially similar to that section and in which the court 961
finds that either of the following criteria applies, the court 962
shall determine whether it will order an evaluation of the mental 963
condition of the defendant pursuant to section 2919.271 of the 964
Revised Code and, if it decides to so order, shall issue the 965
order requiring that evaluation before it sets bail for the 966
person charged with the violation:
(1) Regarding an alleged violation of a temporary 968
protection order ISSUED or consent agreement APPROVED PURSUANT TO 969
23
SECTION 2919.26 OR 3113.31 OF THE REVISED CODE, that the 970
violation of the order or agreement allegedly involves conduct by 971
the defendant that caused physical harm to the person or property 972
of a family or household member covered by the order or agreement 973
or conduct by that defendant that caused a family or household 974
member to believe that the defendant would cause physical harm to 975
that member or that member's property; 976
(2) Regarding an alleged violation of an anti-stalking A 978
protection order ISSUED PURSUANT TO SECTION 2903.213 OR 2903.214 979
OF THE REVISED CODE, that the violation of the order allegedly 980
involves conduct by the defendant that caused physical harm to 982
the person or property of the person covered by the order or 983
conduct by that defendant that caused the person covered by the 984
order to believe that the defendant would cause physical harm to 985
that person or that person's property.
Section 2. That existing sections 737.11, 1901.18, 987
1901.19, 1907.18, 2903.213, 2919.27, 2919.271, and 2937.23 of the 989
Revised Code are hereby repealed.
Section 3. That section 1901.19 of the Revised Code, as 991
amended by Am. Sub. H.B. 438 of the 121st General Assembly, be 992
amended to read as follows:
Sec. 1901.19. (A) Subject to the monetary jurisdiction of 1,001
municipal courts as set forth in section 1901.17 of the Revised 1,002
Code and the subject matter jurisdiction of municipal courts as 1,003
set forth in section 1901.18 of the Revised Code, a municipal 1,004
court and a housing or environmental division of a municipal 1,005
court have jurisdiction within its territory to perform all of 1,006
the following functions:
(1) To compel attendance of witnesses in any pending 1,008
action or proceeding in the same manner as the court of common 1,009
pleas; 1,010
(2) To issue executions on its own judgments; 1,012
(3) In any legal or equitable action or proceeding, to 1,014
enforce the collection of its own judgments; 1,015
24
(4) To issue and enforce any order of attachment; 1,017
(5) In any action or proceeding in the nature of 1,019
creditors' bills, and in aid of execution, to subject the 1,020
interest of a judgment debtor in personal property to the payment 1,021
of a judgment of the court; 1,022
(6) To issue and enforce temporary protection orders 1,024
pursuant to section 2919.26 of the Revised Code and anti-stalking 1,025
protection orders pursuant to section 2903.213 of the Revised 1,026
Code. 1,027
(B) Subject to the limitation set forth in this division, 1,029
a municipal court or a housing or environmental division of a 1,030
municipal court has jurisdiction outside its territory in a 1,031
proceeding in aid of execution to subject to the payment of the 1,032
judgment the interest in personal property of a judgment debtor 1,033
under a judgment rendered by the court or division. The 1,034
jurisdiction provided in this division includes the county or 1,035
counties in which the territory of the court or division in 1,036
question is situated and any county that is contiguous to that in 1,037
which the court or division is located. A court or division that 1,038
has jurisdiction under this division outside its territory in a 1,039
proceeding in aid of execution has the same powers, duties, and 1,040
functions relative to the proceeding that it has relative to 1,041
proceedings in aid of execution over which it has jurisdiction 1,042
other than under this division. 1,043
(C)(1) In any action for garnishment of personal earnings 1,045
brought in a municipal court, the court has jurisdiction to serve 1,046
process pursuant to section 2716.05 of the Revised Code upon a 1,047
garnishee who resides in a county contiguous to that in which the 1,048
court is located. 1,049
(2) In any action for garnishment of property, other than 1,051
personal earnings, brought in a municipal court under section 1,052
2716.11 of the Revised Code, the court has jurisdiction to serve 1,053
process pursuant to section 2716.13 of the Revised Code upon a 1,054
garnishee who resides in a county contiguous to that in which the 1,055
25
court is located. 1,056
(3) Whenever a motion for attachment is filed in a 1,058
municipal court under section 2715.03 of the Revised Code, the 1,059
court has jurisdiction to serve process pursuant to section 1,060
2715.091 of the Revised Code upon a garnishee who resides in a 1,061
county contiguous to that in which the court is located. 1,062
(D) The municipal court of Cleveland also has jurisdiction 1,064
in all actions and proceedings in the nature of creditors' bills, 1,065
and in aid of execution to subject the interests of a judgment 1,066
debtor in real or personal property to the payment of a judgment 1,067
of the court. In such actions and proceedings, the court may 1,068
proceed to marshal and foreclose all liens on the property 1,069
irrespective of the amount of the lien, and all vested or 1,070
contingent rights in the property. 1,071
Section 4. That all existing versions of section 1901.19 1,073
of the Revised Code are hereby repealed. 1,074
Section 5. Sections 3 and 4 of this act shall take effect 1,076
July 1, 1997.