As Passed by the House                        1            

122nd General Assembly                                             4            

   Regular Session                            Sub. 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-      9            

   MOTTLEY-VESPER-NETZLEY-TERWILLEGER-LUCAS-GARCIA-BATCHELDER-     10           

 MASON-COUGHLIN-CORE-REID-MEAD-HOUSEHOLDER-LEWIS-WHALEN-MILLER-    11           

   SULZER-BRADY-GRENDELL-PATTON-CLANCY-WINKLER-SALERNO-OPFER-      12           

           MOTTL-WESTON-BUCHY-DAMSCHRODER-OLMAN-BENDER             13           


                                                                   15           

                           A   B I L L                                          

             To amend sections 737.11, 1901.18, 1901.19, 1907.18,  17           

                2903.213, 2919.27, 2919.271, and 2937.23 and to    18           

                enact section 2903.214 of the Revised Code to      19           

                authorize the issuance of  a civil protection      20           

                order to protect a person who has been a victim    21           

                of menacing by stalking and to maintain the        22           

                provisions of this act on and after July  1,       23           

                1997, by amending the version of section 1901.19   24           

                of the Revised Code that  takes effect on that     25           

                date.                                              26           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        28           

      Section 1.  That sections 737.11, 1901.18, 1901.19,          30           

1907.18, 2903.213, 2919.27, 2919.271, and 2937.23 be amended and   32           

section 2903.214 of the Revised Code be enacted to read as                      

follows:                                                                        

      Sec. 737.11.  The police force of a municipal corporation    41           

shall preserve the peace, protect persons and property, and obey   42           

and enforce all ordinances of the legislative authority of the     43           

municipal corporation, all criminal laws of the state and the      44           

United States, all court orders issued and consent agreements      45           

approved pursuant to sections 2919.26 and 3113.31 of the Revised   46           

                                                          2      

                                                                 
Code, and all anti-stalking protection orders issued pursuant to   47           

section 2903.213 OR 2903.214 of the Revised Code.  The fire        48           

department shall protect the lives and property of the people in   49           

case of fire.  Both the police and fire departments shall perform  50           

any other duties that are provided by ordinance.  The police and   51           

fire departments in every city shall be maintained under the       52           

civil service system.                                              53           

      A chief or officer of a police force of a municipal          55           

corporation may participate, as the director of an organized       56           

crime task force established under section 177.02 of the Revised   57           

Code or as a member of the investigatory staff of such a task      58           

force, in an investigation of organized criminal activity in any   59           

county or counties in this state under sections 177.01 to 177.03   60           

of the Revised Code.                                               61           

      Sec. 1901.18.  (A)  Except as otherwise provided in this     70           

division or section 1901.181 of the Revised Code, subject to the   71           

monetary jurisdiction of municipal courts as set forth in section  72           

1901.17 of the Revised Code, a municipal court has original        73           

jurisdiction within its territory in all of the following actions  74           

or proceedings and to perform all of the following functions:      75           

      (1)  In any civil action, of whatever nature or remedy, of   77           

which judges of county courts have jurisdiction;                   78           

      (2)  In any action or proceeding at law for the recovery of  80           

money or personal property of which the court of common pleas has  81           

jurisdiction;                                                      82           

      (3)  In any action at law based on contract, to determine,   84           

preserve, and enforce all legal and equitable rights involved in   85           

the contract, to decree an accounting, reformation, or             86           

cancellation of the contract, and to hear and determine all legal  87           

and equitable remedies necessary or proper for a complete          88           

determination of the rights of the parties to the contract;        89           

      (4)  In any action or proceeding for the sale of personal    91           

property under chattel mortgage, lien, encumbrance, or other       92           

charge, for the foreclosure and marshalling of liens on personal   94           

                                                          3      

                                                                 
property of that nature, and for the rendering of personal                      

judgment in the action or proceeding;                              96           

      (5)  In any action or proceeding to enforce the collection   98           

of its own judgments or the judgments rendered by any court        99           

within the territory to which the municipal court has succeeded,   100          

and to subject the interest of a judgment debtor in personal       101          

property to satisfy judgments enforceable by the municipal court;  102          

      (6)  In any action or proceeding in the nature of            104          

interpleader;                                                      105          

      (7)  In any action of replevin;                              107          

      (8)  In any action of forcible entry and detainer;           109          

      (9)  In any action concerning the issuance and enforcement   111          

of temporary protection orders pursuant to section 2919.26 of the  112          

Revised Code or anti-stalking protection orders pursuant to        113          

section 2903.213 of the Revised Code;                              114          

      (10)  If the municipal court has a housing or environmental  116          

division, in any action over which the division is given           117          

jurisdiction by section 1901.181 of the Revised Code, provided     118          

that, except as specified in division (B) of that section, no      119          

judge of the court other than the judge of the division shall      120          

hear or determine any action over which the division has           121          

jurisdiction;                                                      122          

      (11)  In any action brought pursuant to division (I) of      124          

section 3733.11 of the Revised Code, if the residential premises   125          

that are the subject of the action are located within the          126          

territorial jurisdiction of the court;                             127          

      (12)  In any civil action as described in division (B)(1)    129          

of section 3767.41 of the Revised Code that relates to a public    130          

nuisance, and, to the extent any provision of this chapter         131          

conflicts or is inconsistent with a provision of that section,     132          

the provision of that section shall control in the civil action.   133          

      (B)  The Cleveland municipal court also shall have           136          

jurisdiction within its territory in all of the following actions  137          

or proceedings and to perform all of the following functions:      138          

                                                          4      

                                                                 
      (1)  In all actions and proceedings for the sale of real     140          

property under lien of a judgment of the municipal court or a      141          

lien for machinery, material, or fuel furnished or labor           142          

performed, irrespective of amount, and, in those actions and       144          

proceedings, the court may proceed to foreclose and marshal all    146          

liens and all vested or contingent rights, to appoint a receiver,  147          

and to render personal judgment irrespective of amount in favor    148          

of any party.                                                                   

      (2)  In all actions for the foreclosure of a mortgage on     150          

real property given to secure the payment of money or the          151          

enforcement of a specific lien for money or other encumbrance or   152          

charge on real property, when the amount claimed by the plaintiff  153          

does not exceed fifteen thousand dollars and the real property is  155          

situated within the territory, and, in those actions, the court    156          

may proceed to foreclose all liens and all vested and contingent   157          

rights and may proceed to render judgments and make findings and   160          

orders between the parties in the same manner and to the same      161          

extent as in similar actions in the court of common pleas.         163          

      (3)  In all actions for the recovery of real property        165          

situated within the territory to the same extent as courts of      166          

common pleas have jurisdiction;                                    167          

      (4)  In all actions for injunction to prevent or terminate   169          

violations of the ordinances and regulations of the city of        170          

Cleveland enacted or promulgated under the police power of the     171          

city of Cleveland, pursuant to Section 3 of Article XVIII, Ohio    172          

Constitution, over which the court of common pleas has or may      173          

have jurisdiction, and, in those actions, the court may proceed    175          

to render judgments and make findings and orders in the same       178          

manner and to the same extent as in similar actions in the court   179          

of common pleas.                                                                

      Sec. 1901.19.  (A)  Subject to the monetary jurisdiction of  188          

municipal courts as set forth in section 1901.17 of the Revised    189          

Code, a municipal court and a housing or environmental division    190          

of a municipal court have jurisdiction within its territory in     191          

                                                          5      

                                                                 
all of the following actions or proceedings and to perform all of  192          

the following functions:                                           193          

      (1)  To compel attendance of witnesses in any pending        195          

action or proceeding in the same manner as the court of common     196          

pleas;                                                             197          

      (2)  To issue executions on its own judgments;               199          

      (3)  In any legal or equitable action or proceeding, to      201          

enforce the collection of its own judgments;                       202          

      (4)  In any civil action or proceeding at law in which the   204          

subject matter of the action or proceeding is located within the   205          

territory or when the defendant or any of the defendants resides   206          

or is served with summons within the territory;                    207          

      (5)  To issue and enforce any order of attachment;           209          

      (6)  In any action or proceeding in the nature of            211          

creditors' bills, and in aid of execution, to subject the          212          

interest of a judgment debtor in personal property to the payment  213          

of a judgment of the court;                                        214          

      (7)  To issue and enforce temporary protection orders        216          

pursuant to section 2919.26 of the Revised Code and anti-stalking  217          

protection orders pursuant to section 2903.213 of the Revised      218          

Code.                                                              219          

      (B)  Subject to the limitation set forth in this division,   221          

a municipal court or a housing or environmental division of a      222          

municipal court has jurisdiction outside its territory in a        223          

proceeding in aid of execution to subject to the payment of the    224          

judgment the interest in personal property of a judgment debtor    225          

under a judgment rendered by the court or division.  The           226          

jurisdiction provided in this division includes the county or      227          

counties in which the territory of the court or division in        228          

question is situated and any county that is contiguous to that in  229          

which the court or division is located.  A court or division that  230          

has jurisdiction under this division outside its territory in a    231          

proceeding in aid of execution has the same powers, duties, and    232          

functions relative to the proceeding that it has relative to       233          

                                                          6      

                                                                 
proceedings in aid of execution over which it has jurisdiction     234          

other than under this division.                                    235          

      (C)(1)  In any action for garnishment of personal earnings   237          

brought in a municipal court, the court has jurisdiction to serve  238          

process pursuant to section 2716.05 of the Revised Code upon a     239          

garnishee who resides in a county contiguous to that in which the  240          

court is located.                                                  241          

      (2)  In any action for garnishment of property, other than   243          

personal earnings, brought in a municipal court under section      244          

2716.11 of the Revised Code, the court has jurisdiction to serve   245          

process pursuant to section 2716.13 of the Revised Code upon a     246          

garnishee who resides in a county contiguous to that in which the  247          

court is located.                                                  248          

      (3)  Whenever a motion for attachment is filed in a          250          

municipal court under section 2715.03 of the Revised Code, the     251          

court has jurisdiction to serve process pursuant to section        252          

2715.091 of the Revised Code upon a garnishee who resides in a     253          

county contiguous to that in which the court is located.           254          

      (D)  The municipal court of Cleveland also has jurisdiction  256          

in all actions and proceedings in the nature of creditors' bills,  257          

and in aid of execution to subject the interests of a judgment     258          

debtor in real or personal property to the payment of a judgment   259          

of the court.  In such actions and proceedings, the court may      260          

proceed to marshal and foreclose all liens on the property         261          

irrespective of the amount of the lien, and all vested or          262          

contingent rights in the property.                                 263          

      Sec. 1907.18.  (A)  County court judges, within and          272          

coextensive with their respective counties, have jurisdiction and  273          

authority to:                                                      274          

      (1)  Administer an oath authorized or required by law to be  276          

administered;                                                      277          

      (2)  Take acknowledgments of instruments of writing;         279          

      (3)  Issue subpoenas to compel the attendance of witnesses   281          

to give evidence in causes or matters pending before the judges,   282          

                                                          7      

                                                                 
or for the purpose of taking depositions or perpetuating           283          

testimony;                                                         284          

      (4)  Proceed against sheriffs, deputy sheriffs, and          286          

constables failing to make return, making false return, or         287          

failing to pay over money collected on execution issued by the     288          

judges;                                                            289          

      (5)  Try actions against other county court judges for       291          

refusing or neglecting to pay over moneys collected in their       292          

official capacity when the amount claimed does not exceed five     293          

hundred dollars.  This division does not deny or impair any        294          

remedy provided by law in such a case by suit on the official      295          

bond of such a county court judge, or by amercement or otherwise,  296          

for neglect or failure to pay over money so collected.             297          

      (6)  Hear actions concerning the issuance and enforcement    299          

of, issue, and enforce temporary protection orders pursuant to     300          

section 2919.26 of the Revised Code and anti-stalking protection   301          

orders pursuant to section 2903.213 of the Revised Code.           302          

      (B)  County court judges may punish contempts, and exercise  304          

powers necessary to give effect to the jurisdiction of the court   305          

and to enforce its judgments, orders, and decrees, as provided in  306          

this chapter or, in the absence of a provision in this chapter,    307          

in a manner authorized by the Revised Code or common law for the   308          

judges of the courts of common pleas.                              309          

      (C)  County court judges have jurisdiction and authority to  311          

perform marriage ceremonies anywhere in the state.                 312          

      Sec. 2903.213.  (A)  Except when the complaint involves a    321          

person who is a family or household member as defined in section   322          

2919.25 of the Revised Code, upon the filing of a complaint that   323          

alleges a violation of section 2903.21, 2903.211, 2903.22, or      324          

2911.211 of the Revised Code, the complainant may file a motion    325          

that requests the issuance of an anti-stalking A protection order  327          

as a pretrial condition of release of the alleged offender, in     328          

addition to any bail set under Criminal Rule 46.  The motion       329          

shall be filed with the clerk of the court that has jurisdiction   330          

                                                          8      

                                                                 
of the case at any time after the filing of the complaint.  If     331          

the complaint involves a person who is a family or household       332          

member, the complainant may file a motion for a temporary          333          

protection order pursuant to section 2919.26 of the Revised Code.  334          

      (B)  A motion for an anti-stalking A protection order UNDER  336          

THIS SECTION shall be prepared on a form that is provided by the   338          

clerk of the court, which AND THE form shall be substantially as   339          

follows:                                                                        

           "Motion for Anti-stalking Protection Order              340          

                     ................. Court                       341          

                    Name and address of court                      342          

State of Ohio                                                      344          

      v.                                         No. .......       345          

.....................................                              346          

Name of Defendant                                                  347          

(Name of person), the complainant in the above-captioned case,     349          

moves the court to issue an anti-stalking A protection order       350          

containing terms designed to ensure the safety and protection of   351          

the complainant in relation to the named defendant, pursuant to    352          

its authority to issue such an A PROTECTION order under section    353          

2903.213 of the Revised Code.                                      355          

      A complaint, a copy of which has been attached to this       357          

motion, has been filed in this court charging the named defendant  358          

with a violation of section 2903.21, 2903.211, 2903.22, or         359          

2911.211 of the Revised Code.                                      360          

      I understand that I must appear before the court, at a time  362          

set by the court not later than the next day that the court is in  363          

session after the filing of this motion, for a hearing on the      364          

motion, and that any anti-stalking protection order granted        365          

pursuant to this motion is a pretrial condition of release and is  366          

effective only until the disposition of the criminal proceeding    367          

arising out of the attached complaint OR UNTIL THE ISSUANCE UNDER  368          

SECTION 2903.214 OF THE REVISED CODE OF A PROTECTION ORDER         369          

ARISING OUT OF THE SAME ACTIVITIES AS THOSE THAT WERE THE BASIS    371          

                                                          9      

                                                                 
OF THE ATTACHED COMPLAINT.                                                      

.....................................                              373          

Signature of complainant                                           375          

.....................................                              377          

Address of complainant"                                            379          

      (C)  As soon as possible after the filing of a motion that   381          

requests the issuance of an anti-stalking A protection order       382          

UNDER THIS SECTION, but not later than the next day that the       384          

court is in session after the filing of the motion, the court      385          

shall conduct a hearing to determine whether to issue the order.   386          

The complainant shall appear before the court and provide the      387          

court with the information that it requests concerning the basis   388          

of the motion. If the court finds that the safety and protection   389          

of the complainant may be impaired by the continued presence of    390          

the alleged offender, the court may issue an anti-stalking A       391          

protection order UNDER THIS SECTION, as a pretrial condition of    393          

release, that contains terms designed to ensure the safety and     395          

protection of the complainant, including a requirement that the    396          

alleged offender refrain from entering the residence, school,      397          

business, or place of employment of the complainant.               398          

      (D)(1)  Except when the complaint involves a person who is   400          

a family or household member as defined in section 2919.25 of the  401          

Revised Code, upon the filing of a complaint that alleges a        402          

violation of section 2903.21, 2903.211, 2903.22, or 2911.211 of    403          

the Revised Code, the court, upon its own motion, may issue an     404          

anti-stalking A protection order UNDER THIS SECTION as a pretrial  406          

condition of release of the alleged offender if it finds that the  407          

safety and protection of the complainant may be impaired by the    408          

continued presence of the alleged offender.                        409          

      (2)  If the court issues an anti-stalking A protection       411          

order under this section as an ex parte order, it shall conduct,   412          

as soon as possible after the issuance of the order but not later  413          

than the next day THAT the court is in session after its           414          

issuance, a hearing to determine whether the order should remain   415          

                                                          10     

                                                                 
in effect, be modified, or be revoked.  The hearing shall be       416          

conducted under the standards set forth in division (C) of this    417          

section.                                                                        

      (E)  An anti-stalking A protection order that is issued as   419          

a pretrial condition of release under this section:                420          

      (1)  Is in addition to, but shall not be construed as a      422          

part of, any bail set under Criminal Rule 46;                      423          

      (2)  Is effective only until the disposition of the          425          

criminal proceeding arising out of the complaint upon which it is  426          

based OR UNTIL THE ISSUANCE UNDER SECTION 2903.214 OF THE REVISED  427          

CODE OF A PROTECTION ORDER ARISING OUT OF THE SAME ACTIVITIES AS   428          

THOSE THAT WERE THE BASIS OF THE COMPLAINT FILED UNDER THIS        429          

SECTION;                                                                        

      (3)  Shall not be construed as a finding that the alleged    431          

offender committed the alleged offense, and shall not be           432          

introduced as evidence of the commission of the offense at the     433          

trial of the alleged offender on the complaint upon which the      434          

order is based.                                                    435          

      (F)  A person who meets the criteria for bail under          437          

Criminal Rule 46 and who, if required to do so pursuant to that    438          

rule, executes or posts bond or deposits cash or securities as     439          

bail, shall not be held in custody pending a hearing before the    440          

court on a motion requesting an anti-stalking A protection order   441          

UNDER THIS SECTION.                                                442          

      (G)(1)  A copy of any anti-stalking A protection order that  444          

is issued under this section shall be issued by the court to the   445          

complainant, to the defendant, and to all law enforcement          446          

agencies that have jurisdiction to enforce the order.  The court   447          

shall direct that a copy of the order be delivered to the          448          

defendant on the same day that the order is entered.               449          

      (2)  All law enforcement agencies shall establish and        451          

maintain an index for the anti-stalking protection orders          452          

delivered to the agencies pursuant to division (G)(1) of this      453          

section.  With respect to each order delivered, each agency shall  454          

                                                          11     

                                                                 
note on the index, the date and time of the AGENCY'S receipt of    455          

the order by the agency.                                           456          

      (3)  Any REGARDLESS OF WHETHER THE PETITIONER HAS            458          

REGISTERED THE PROTECTION ORDER IN THE COUNTY IN WHICH THE         459          

OFFICER'S AGENCY HAS JURISDICTION, ANY officer of a law            460          

enforcement agency shall enforce an anti-stalking A protection     461          

order ISSUED PURSUANT TO THIS SECTION in accordance with the       462          

provisions of the order.                                           463          

      (H)  Upon a violation of an anti-stalking A protection       465          

order ISSUED PURSUANT TO THIS SECTION, the court may issue         467          

another anti-stalking protection order UNDER THIS SECTION, as a    468          

pretrial condition of release, that modifies the terms of the      469          

order that was violated.                                           470          

      (I)  Notwithstanding any provision of law to the contrary,   472          

no court shall charge a fee for the filing of a motion pursuant    473          

to this section.                                                   474          

      Sec. 2903.214.  (A)  AS USED IN THIS SECTION:                476          

      (1)  "COURT" MEANS THE COURT OF COMMON PLEAS OF THE COUNTY   478          

IN WHICH THE PERSON TO BE PROTECTED BY THE PROTECTION ORDER        479          

RESIDES.                                                                        

      (2)  "VICTIM ADVOCATE" MEANS A PERSON WHO PROVIDES SUPPORT   481          

AND ASSISTANCE FOR A PERSON WHO FILES A PETITION UNDER THIS        483          

SECTION.                                                                        

      (B)  THE COURT HAS JURISDICTION OVER ALL PROCEEDINGS UNDER   485          

THIS SECTION.                                                      486          

      (C)  A PERSON MAY SEEK RELIEF UNDER THIS SECTION FOR THE     489          

PERSON, OR ANY PARENT OR ADULT HOUSEHOLD MEMBER MAY SEEK RELIEF    490          

UNDER THIS SECTION ON BEHALF OF ANY OTHER FAMILY OR HOUSEHOLD      491          

MEMBER, BY FILING A PETITION WITH THE COURT.  THE PETITION SHALL   492          

CONTAIN OR STATE BOTH OF THE FOLLOWING:                            493          

      (1)  AN ALLEGATION THAT THE RESPONDENT ENGAGED IN A          495          

VIOLATION OF SECTION 2903.211 OF THE REVISED CODE AGAINST THE      496          

PERSON TO BE PROTECTED BY THE PROTECTION ORDER, INCLUDING A        497          

DESCRIPTION OF THE NATURE AND EXTENT OF THE VIOLATION;             498          

                                                          12     

                                                                 
      (2)  A REQUEST FOR RELIEF UNDER THIS SECTION.                500          

      (D)  IF A PERSON WHO FILES A PETITION PURSUANT TO THIS       502          

SECTION REQUESTS AN EX PARTE ORDER, THE COURT SHALL HOLD AN EX     503          

PARTE HEARING ON THE SAME DAY THAT THE PETITION IS FILED.  THE     504          

COURT, FOR GOOD CAUSE SHOWN AT THE EX PARTE HEARING, MAY ENTER     505          

ANY TEMPORARY ORDERS, WITH OR WITHOUT BOND, THAT THE COURT FINDS   506          

NECESSARY FOR THE SAFETY AND PROTECTION OF THE PERSON TO BE        507          

PROTECTED BY THE ORDER.  IMMEDIATE AND PRESENT DANGER TO THE       508          

PERSON TO BE PROTECTED BY THE PROTECTION ORDER CONSTITUTES GOOD    509          

CAUSE FOR PURPOSES OF THIS SECTION.  IMMEDIATE AND PRESENT DANGER  510          

INCLUDES, BUT IS NOT LIMITED TO, SITUATIONS IN WHICH THE           511          

RESPONDENT HAS THREATENED THE PERSON TO BE PROTECTED BY THE        512          

PROTECTION ORDER WITH BODILY HARM OR IN WHICH THE RESPONDENT HAS                

PREVIOUSLY ENGAGED IN A VIOLATION OF SECTION 2903.211 OF THE       514          

REVISED CODE AGAINST THE PERSON TO BE PROTECTED BY THE PROTECTION               

ORDER.                                                                          

      IF THE COURT, AFTER AN EX PARTE HEARING, ISSUES A            516          

PROTECTION ORDER DESCRIBED IN DIVISION (E) OF THIS SECTION, THE    517          

COURT SHALL SCHEDULE A FULL HEARING THAT SHALL BE HELD WITHIN TEN  518          

DAYS AFTER THE EX PARTE HEARING.  THE RESPONDENT SHALL BE GIVEN    519          

NOTICE OF, AND AN OPPORTUNITY TO BE HEARD AT, THE FULL HEARING.    520          

      IF A PERSON WHO FILES A PETITION PURSUANT TO THIS SECTION    522          

DOES NOT REQUEST AN EX PARTE ORDER, OR IF A PERSON REQUESTS AN EX  523          

PARTE ORDER BUT THE COURT DOES NOT ISSUE AN EX PARTE ORDER AFTER   524          

AN EX PARTE HEARING, THE COURT SHALL PROCEED AS IN A NORMAL CIVIL  525          

ACTION AND GRANT A FULL HEARING ON THE MATTER.                     526          

      (E)(1)  AFTER AN EX PARTE OR FULL HEARING, THE COURT MAY     528          

ISSUE ANY PROTECTION ORDER, WITH OR WITHOUT BOND, THAT CONTAINS    530          

TERMS DESIGNED TO ENSURE THE SAFETY AND PROTECTION OF THE PERSON                

TO BE PROTECTED BY THE PROTECTION ORDER, INCLUDING, BUT NOT        531          

LIMITED TO, A REQUIREMENT THAT THE RESPONDENT REFRAIN FROM         533          

ENTERING THE RESIDENCE, SCHOOL, BUSINESS, OR PLACE OF EMPLOYMENT   534          

OF THE PETITIONER OR FAMILY OR HOUSEHOLD MEMBER.                   535          

      (2)(a)  ANY PROTECTION ORDER ISSUED PURSUANT TO THIS         537          

                                                          13     

                                                                 
SECTION SHALL BE VALID UNTIL A DATE CERTAIN BUT NOT LATER THAN     539          

TWO YEARS FROM THE DATE OF ITS ISSUANCE.                                        

      (b)  ANY PROTECTION ORDER ISSUED PURSUANT TO THIS SECTION    541          

MAY BE RENEWED IN THE SAME MANNER AS THE ORIGINAL ORDER WAS        543          

ISSUED.                                                                         

      (3)  A COURT MAY NOT ISSUE A PROTECTION ORDER THAT REQUIRES  545          

A PETITIONER TO DO OR TO REFRAIN FROM DOING AN ACT THAT THE COURT  546          

MAY REQUIRE A RESPONDENT TO DO OR TO REFRAIN FROM DOING UNDER      548          

DIVISION (E) OF THIS SECTION UNLESS ALL OF THE FOLLOWING APPLY:    549          

      (a)  THE RESPONDENT FILES A SEPARATE PETITION FOR A          551          

PROTECTION ORDER IN ACCORDANCE WITH THIS SECTION.                  553          

      (b)  THE PETITIONER IS SERVED WITH NOTICE OF THE             555          

RESPONDENT'S PETITION AT LEAST FORTY-EIGHT HOURS BEFORE THE COURT  558          

HOLDS A HEARING WITH RESPECT TO THE RESPONDENT'S PETITION, OR THE  559          

PETITIONER WAIVES THE RIGHT TO RECEIVE THIS NOTICE.                560          

      (c)  IF THE PETITIONER HAS REQUESTED AN EX PARTE ORDER       562          

PURSUANT TO DIVISION (D) OF THIS SECTION, THE COURT DOES NOT       563          

DELAY ANY HEARING REQUIRED BY THAT DIVISION BEYOND THE TIME        564          

SPECIFIED IN THAT DIVISION IN ORDER TO CONSOLIDATE THE HEARING     565          

WITH A HEARING ON THE PETITION FILED BY THE RESPONDENT.            566          

      (d)  AFTER A FULL HEARING AT WHICH THE RESPONDENT PRESENTS   568          

EVIDENCE IN SUPPORT OF THE REQUEST FOR A PROTECTION ORDER AND THE  569          

PETITIONER IS AFFORDED AN OPPORTUNITY TO DEFEND AGAINST THAT       570          

EVIDENCE, THE COURT DETERMINES THAT THE PETITIONER HAS COMMITTED   571          

A VIOLATION OF SECTION 2903.211 OF THE REVISED CODE AGAINST THE    572          

PERSON TO BE PROTECTED BY THE PROTECTION ORDER ISSUED PURSUANT TO  573          

THIS SECTION OR HAS VIOLATED A PROTECTION ORDER ISSUED PURSUANT    575          

TO SECTION 2903.213 OF THE REVISED CODE RELATIVE TO THE PERSON TO               

BE PROTECTED BY THE PROTECTION ORDER ISSUED PURSUANT TO THIS       576          

SECTION.                                                                        

      (4)  NO PROTECTION ORDER ISSUED PURSUANT TO THIS SECTION     578          

SHALL IN ANY MANNER AFFECT TITLE TO ANY REAL PROPERTY.             579          

      (F)(1)  THE COURT SHALL CAUSE THE DELIVERY OF A COPY OF ANY  581          

PROTECTION ORDER THAT IS ISSUED UNDER THIS SECTION TO THE          584          

                                                          14     

                                                                 
PETITIONER, TO THE RESPONDENT, AND TO ALL LAW ENFORCEMENT          585          

AGENCIES THAT HAVE JURISDICTION TO ENFORCE THE ORDER.  THE COURT   586          

SHALL DIRECT THAT A COPY OF THE ORDER BE DELIVERED TO THE          587          

RESPONDENT ON THE SAME DAY THAT THE ORDER IS ENTERED.              588          

      (2)  ALL LAW ENFORCEMENT AGENCIES SHALL ESTABLISH AND        590          

MAINTAIN AN INDEX FOR THE PROTECTION ORDERS DELIVERED TO THE       591          

AGENCIES PURSUANT TO DIVISION (F)(1) OF THIS SECTION.  WITH        593          

RESPECT TO EACH ORDER DELIVERED, EACH AGENCY SHALL NOTE ON THE     594          

INDEX THE DATE AND TIME THAT IT RECEIVED THE ORDER.                595          

      (3)  REGARDLESS OF WHETHER THE PETITIONER HAS REGISTERED     597          

THE PROTECTION ORDER IN THE COUNTY IN WHICH THE OFFICER'S AGENCY   599          

HAS JURISDICTION PURSUANT TO DIVISION (M) OF THIS SECTION, ANY     600          

OFFICER OF A LAW ENFORCEMENT AGENCY SHALL ENFORCE A PROTECTION     601          

ORDER ISSUED PURSUANT TO THIS SECTION BY ANY COURT IN THIS STATE   603          

IN ACCORDANCE WITH THE PROVISIONS OF THE ORDER, INCLUDING                       

REMOVING THE RESPONDENT FROM THE PREMISES, IF APPROPRIATE.         604          

      (G)  ANY PROCEEDING UNDER THIS SECTION SHALL BE CONDUCTED    606          

IN ACCORDANCE WITH THE RULES OF CIVIL PROCEDURE, EXCEPT THAT A     608          

PROTECTION ORDER MAY BE OBTAINED UNDER THIS SECTION WITH OR        609          

WITHOUT BOND. THE REMEDIES AND PROCEDURES PROVIDED IN THIS         610          

SECTION ARE IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER          611          

AVAILABLE CIVIL OR CRIMINAL REMEDIES.                              612          

      (H)  THE FILING OF PROCEEDINGS UNDER THIS SECTION DOES NOT   614          

EXCUSE A PERSON FROM FILING ANY REPORT OR GIVING ANY NOTICE        615          

REQUIRED BY SECTION 2151.421 OF THE REVISED CODE OR BY ANY OTHER   617          

LAW.                                                                            

      (I)  ANY LAW ENFORCEMENT AGENCY THAT INVESTIGATES AN         619          

ALLEGED VIOLATION OF SECTION 2903.211 OF THE REVISED CODE SHALL    620          

PROVIDE INFORMATION TO THE VICTIM AND THE FAMILY OR HOUSEHOLD      621          

MEMBERS OF THE VICTIM REGARDING THE RELIEF AVAILABLE UNDER THIS    622          

SECTION AND SECTION 2903.213 OF THE REVISED CODE.                  623          

      (J)  NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY,   625          

NO COURT SHALL CHARGE A FEE FOR THE FILING OF A PETITION PURSUANT  626          

TO THIS SECTION.                                                   627          

                                                          15     

                                                                 
      (K)(1)  A PERSON WHO VIOLATES A PROTECTION ORDER ISSUED      629          

UNDER THIS SECTION IS SUBJECT TO THE FOLLOWING SANCTIONS:          630          

      (a)  CRIMINAL PROSECUTION FOR A VIOLATION OF SECTION         632          

2919.27 OF THE REVISED CODE, IF THE VIOLATION OF THE PROTECTION    633          

ORDER CONSTITUTES A VIOLATION OF THAT SECTION;                     634          

      (b)  PUNISHMENT FOR CONTEMPT OF COURT.                       636          

      (2)  THE PUNISHMENT OF A PERSON FOR CONTEMPT OF COURT FOR    638          

VIOLATION OF A PROTECTION ORDER ISSUED UNDER THIS SECTION DOES     639          

NOT BAR CRIMINAL PROSECUTION OF THE PERSON FOR A VIOLATION OF      641          

SECTION 2919.27 OF THE REVISED CODE.  HOWEVER, A PERSON PUNISHED   642          

FOR CONTEMPT OF COURT IS ENTITLED TO CREDIT FOR THE PUNISHMENT     643          

IMPOSED UPON CONVICTION OF A VIOLATION OF THAT SECTION, AND A      644          

PERSON CONVICTED OF A VIOLATION OF THAT SECTION SHALL NOT          645          

SUBSEQUENTLY BE PUNISHED FOR CONTEMPT OF COURT ARISING OUT OF THE  646          

SAME ACTIVITY.                                                                  

      (L)  IN ALL STAGES OF A PROCEEDING UNDER THIS SECTION, A     648          

PETITIONER MAY BE ACCOMPANIED BY A VICTIM ADVOCATE.                650          

      (M)(1)  A PETITIONER WHO OBTAINS A PROTECTION ORDER UNDER    652          

THIS SECTION OR A PROTECTION ORDER UNDER SECTION 2903.213 OF THE   653          

REVISED CODE MAY PROVIDE NOTICE OF THE ISSUANCE OR APPROVAL OF     654          

THE ORDER TO THE JUDICIAL AND LAW ENFORCEMENT OFFICIALS IN ANY     655          

COUNTY OTHER THAN THE COUNTY IN WHICH THE ORDER IS ISSUED BY       656          

REGISTERING THAT ORDER IN THE OTHER COUNTY PURSUANT TO DIVISION    658          

(M)(2) OF THIS SECTION AND FILING A COPY OF THE REGISTERED ORDER                

WITH A LAW ENFORCEMENT AGENCY IN THE OTHER COUNTY IN ACCORDANCE    659          

WITH THAT DIVISION.                                                             

      (2)  A PETITIONER MAY REGISTER A PROTECTION ORDER ISSUED     662          

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   664          

THE ORDER IS LOCATED IN THE FOLLOWING MANNER:                                   

      (a)  THE PETITIONER SHALL OBTAIN A CERTIFIED COPY OF THE     666          

ORDER FROM THE CLERK OF THE COURT THAT ISSUED THE ORDER AND        667          

PRESENT THAT CERTIFIED COPY TO THE CLERK OF THE COURT OF COMMON    668          

PLEAS OR THE CLERK OF A MUNICIPAL COURT OR COUNTY COURT IN THE     669          

                                                          16     

                                                                 
COUNTY IN WHICH THE ORDER IS TO BE REGISTERED.                                  

      (b)  UPON ACCEPTING THE CERTIFIED COPY OF THE ORDER FOR      671          

REGISTRATION, THE CLERK OF THE COURT OF COMMON PLEAS, MUNICIPAL    672          

COURT, OR COUNTY COURT SHALL PLACE AN ENDORSEMENT OF REGISTRATION  674          

ON THE ORDER AND GIVE THE PETITIONER A COPY OF THE ORDER THAT      675          

BEARS THAT PROOF OF REGISTRATION.                                               

      (3)  THE CLERK OF EACH COURT OF COMMON PLEAS, MUNICIPAL      678          

COURT, OR COUNTY COURT SHALL MAINTAIN A REGISTRY OF CERTIFIED      679          

COPIES OF PROTECTION ORDERS THAT HAVE BEEN ISSUED BY COURTS IN     682          

OTHER COUNTIES PURSUANT TO THIS SECTION OR SECTION 2903.213 OF                  

THE REVISED CODE AND THAT HAVE BEEN REGISTERED WITH THE CLERK.     684          

      (4)  IF A PETITIONER WHO OBTAINS A PROTECTION ORDER UNDER    686          

THIS SECTION OR SECTION 2903.213 OF THE REVISED CODE WISHES TO     688          

REGISTER THE ORDER IN ANY COUNTY OTHER THAN THE COUNTY IN WHICH    689          

THE ORDER WAS ISSUED, PURSUANT TO DIVISIONS (M)(1) TO (3) OF THIS  690          

SECTION, AND IF THE PETITIONER IS INDIGENT, BOTH OF THE FOLLOWING  691          

APPLY:                                                                          

      (a)  IF THE PETITIONER SUBMITS TO THE CLERK OF THE COURT     693          

THAT ISSUED THE ORDER SATISFACTORY PROOF THAT THE PETITIONER IS    695          

INDIGENT, THE CLERK MAY WAIVE ANY FEE THAT OTHERWISE WOULD BE                   

REQUIRED FOR PROVIDING THE PETITIONER WITH A CERTIFIED COPY OF     696          

THE ORDER TO BE USED FOR PURPOSES OF DIVISIONS (M)(1) TO (3) OF    697          

THIS SECTION.                                                      698          

      (b)  IF THE PETITIONER SUBMITS TO THE CLERK OF THE COURT OF  700          

COMMON PLEAS OR THE CLERK OF A MUNICIPAL COURT OR COUNTY COURT IN  701          

THE COUNTY IN WHICH THE ORDER IS TO BE REGISTERED SATISFACTORY     702          

PROOF THAT THE PETITIONER IS INDIGENT, THE CLERK MAY WAIVE ANY     703          

FEE THAT OTHERWISE WOULD BE REQUIRED FOR ACCEPTING FOR             704          

REGISTRATION A CERTIFIED COPY OF THE ORDER, FOR PLACING AN         705          

ENDORSEMENT OF REGISTRATION ON THE ORDER, OR FOR GIVING THE        706          

PETITIONER A COPY OF THE ORDER THAT BEARS THE PROOF OF                          

REGISTRATION.                                                      707          

      Sec. 2919.27.  (A)  No person shall recklessly violate any   717          

terms of a protection order issued or consent agreement approved   718          

                                                          17     

                                                                 
pursuant to section 2919.26 or 3113.31 of the Revised Code or the  720          

terms of an anti-stalking A protection order issued pursuant to    721          

section 2903.213 OR 2903.214 of the Revised Code.                  722          

      (B)  Whoever violates this section is guilty of violating a  724          

protection order or consent agreement or anti-stalking protection  726          

order.                                                                          

      (1)  If the offense involves a violation of a protection     729          

order ISSUED or consent agreement APPROVED PURSUANT TO SECTION     730          

2919.26 OR 3113.31 OF THE REVISED CODE, one of the following                    

applies:                                                           731          

      (a)  Except as otherwise provided in division (B)(1)(b) of   734          

this section, violating a protection order or consent agreement    735          

or anti-stalking protection order is a misdemeanor of the first    736          

degree.                                                                         

      (b)  If the offender previously has been convicted of or     739          

pleaded guilty to two or more violations of section 2903.211 or    740          

2911.211 of the Revised Code that involve the same person who is                

the subject of the protection order or consent agreement or        741          

previously has been convicted of or pleaded guilty to one or more  743          

violations of this section, violating a protection order or        744          

consent agreement or anti-stalking protection order is a felony    745          

of the fifth degree.                                                            

      (2)  If the offense involves a violation of an               747          

anti-stalking A protection order ISSUED PURSUANT TO SECTION        748          

2903.213 OR 2903.214 OF THE REVISED CODE, one of the following     749          

applies:                                                                        

      (a)  Except as otherwise provided in division (B)(2)(b) of   752          

this section, violating a protection order or consent agreement    753          

or anti-stalking protection order is a misdemeanor of the first    754          

degree.                                                                         

      (b)  If the offender previously has been convicted of or     756          

pleaded guilty to two or more violations of this section           757          

involving an anti-stalking A protection order ISSUED PURSUANT TO   759          

SECTION 2903.213 OR 2903.214 OF THE REVISED CODE, two or more      760          

                                                          18     

                                                                 
violations of section 2903.21, 2903.211, 2903.22, or 2911.211 of   761          

the Revised Code that involve the same person who is the subject   762          

of the anti-stalking protection order, or two or more violations   763          

of section 2903.214 of the Revised Code as it existed prior to     764          

the effective date of this amendment JULY 1, 1996, violating a     766          

protection order or consent agreement or anti-stalking protection  767          

order is a felony of the fifth degree.                                          

      Sec. 2919.271.  (A)(1)  If a defendant is charged with a     776          

violation of section 2919.27 of the Revised Code or of a           777          

municipal ordinance that is substantially similar to that          778          

section, the court may order an evaluation of the mental           779          

condition of the defendant if the court determines that either of  780          

the following criteria apply:                                      781          

      (a)  If the alleged violation is a violation of a            783          

protection order issued or consent agreement approved pursuant to  784          

section 2919.26 or 3113.31 of the Revised Code, that the           785          

violation of the protection order or consent agreement allegedly   786          

involves conduct by the defendant that caused physical harm to     787          

the person or property of a family or household member covered by  788          

the order or agreement, or conduct by the defendant that caused a  789          

family or household member to believe that the defendant would     790          

cause physical harm to that member or that member's property.      791          

      (b)  If the alleged violation is a violation of an           793          

anti-stalking A protection order issued pursuant to section        795          

2903.213 OR 2903.214 of the Revised Code, that the violation of    797          

the anti-stalking protection order allegedly involves conduct by   798          

the defendant that caused physical harm to the person or property  799          

of the person covered by the order, or conduct by the defendant    800          

that caused the person covered by the order to believe that the                 

defendant would cause physical harm to that person or that         801          

person's property.                                                              

      (2)  The evaluation shall be completed no later than thirty  803          

days from the date the order is entered pursuant to division       804          

(A)(1) of this section.  In that order, the court shall do either  805          

                                                          19     

                                                                 
of the following:                                                  806          

      (a)  Order that the evaluation of the mental condition of    808          

the defendant be preceded by an examination conducted either by a  809          

forensic center that is designated by the department of mental     810          

health to conduct examinations and make evaluations of defendants  811          

charged with violations of section 2919.27 of the Revised Code or  812          

of substantially similar municipal ordinances in the area in       813          

which the court is located, or by any other program or facility    814          

that is designated by the department of mental health or the       815          

department of mental retardation and developmental disabilities    816          

to conduct examinations and make evaluations of defendants         817          

charged with violations of section 2919.27 of the Revised Code or  818          

of substantially similar municipal ordinances, and that is         819          

operated by either department or is certified by either            820          

department as being in compliance with the standards established   821          

under division (J) of section 5119.01 of the Revised Code or       822          

division (C) of section 5123.04 of the Revised Code.               823          

      (b)  Designate a center, program, or facility other than     825          

one designated by the department of mental health or the           826          

department of mental retardation and developmental disabilities,   827          

as described in division (A)(2)(a) of this section, to conduct     829          

the evaluation and preceding examination of the mental condition   830          

of the defendant.                                                               

      Whether the court acts pursuant to division (A)(2)(a) or     832          

(b) of this section, the court may designate examiners other than  833          

the personnel of the center, program, facility, or department      834          

involved to make the evaluation and preceding examination of the   835          

mental condition of the defendant.                                 836          

      (B)  If the court considers that additional evaluations of   838          

the mental condition of a defendant are necessary following the    839          

evaluation authorized by division (A) of this section, the court   840          

may order up to two additional similar evaluations.  These         841          

evaluations shall be completed no later than thirty days from the  842          

date the applicable court order is entered.  If more than one      843          

                                                          20     

                                                                 
evaluation of the mental condition of the defendant is ordered     844          

under this division, the prosecutor and the defendant may          845          

recommend to the court an examiner whom each prefers to perform    846          

one of the evaluations and preceding examinations.                 847          

      (C)(1)  The court may order a defendant who has been         849          

released on bail to submit to an examination under division (A)    850          

or (B) of this section.  The examination shall be conducted        851          

either at the detention facility in which the defendant would      852          

have been confined if the defendant had not been released on       853          

bail, or, if so specified by the center, program, facility, or     854          

examiners involved, at the premises of the center, program, or     855          

facility.  Additionally, the examination shall be conducted at     856          

the times established by the examiners involved.  If such a        857          

defendant refuses to submit to an examination or a complete        858          

examination as required by the court or the center, program,       859          

facility, or examiners involved, the court may amend the           860          

conditions of the bail of the defendant and order the sheriff to   861          

take the defendant into custody and deliver the defendant to the   862          

detention facility in which the defendant would have been          863          

confined if the defendant had not been released on bail, or, if    865          

so specified by the center, program, facility, or examiners                     

involved, to the premises of the center, program, or facility,     866          

for purposes of the examination.                                   867          

      (2)  A defendant who has not been released on bail shall be  869          

examined at the detention facility in which the defendant is       870          

confined or, if so specified by the center, program, facility, or  872          

examiners involved, at the premises of the center, program, or     873          

facility.                                                                       

      (D)  The examiner of the mental condition of a defendant     875          

under division (A) or (B) of this section shall file a written     876          

report with the court within thirty days after the entry of an     877          

order for the evaluation of the mental condition of the            878          

defendant.  The report shall contain the findings of the           879          

examiner; the facts in reasonable detail on which the findings     880          

                                                          21     

                                                                 
are based; the opinion of the examiner as to the mental condition  881          

of the defendant; the opinion of the examiner as to whether the    882          

defendant represents a substantial risk of physical harm to other  883          

persons as manifested by evidence of recent homicidal or other     884          

violent behavior, evidence of recent threats that placed other     885          

persons in reasonable fear of violent behavior and serious         886          

physical harm, or evidence of present dangerousness; and the       887          

opinion of the examiner as to the types of treatment or            888          

counseling that the defendant needs.  The court shall provide      889          

copies of the report to the prosecutor and defense counsel.        890          

      (E)  The costs of any evaluation and preceding examination   892          

of a defendant that is ordered pursuant to division (A) or (B) of  893          

this section shall be taxed as court costs in the criminal case.   894          

      (F)  If the examiner considers it necessary in order to      896          

make an accurate evaluation of the mental condition of a           897          

defendant, an examiner under division (A) or (B) of this section   898          

may request any family or household member of the defendant to     899          

provide the examiner with information.  A family or household      900          

member may, but is not required to, provide information to the     901          

examiner upon receipt of the request.                              902          

      (G)  As used in this section:                                904          

      (1)  "Bail" includes a recognizance.                         906          

      (2)  "Examiner" means a psychiatrist, a licensed             908          

independent social worker who is employed by a forensic center     910          

that is certified as being in compliance with the standards        911          

established under division (J) of section 5119.01 or division (C)  912          

of section 5123.04 of the Revised Code, a licensed professional    913          

clinical counselor who is employed at a forensic center that is    914          

certified as being in compliance with such standards, or a         915          

licensed clinical psychologist, except that in order to be an      916          

examiner, a licensed clinical psychologist shall meet the          917          

criteria of division (I)(1) of section 5122.01 of the Revised      918          

Code or be employed to conduct examinations by the department of   919          

mental health or by a forensic center certified as being in        920          

                                                          22     

                                                                 
compliance with the standards established under division (J) of    921          

section 5119.01 or division (C) of section 5123.04 of the Revised  922          

Code that is designated by the department of mental health.        923          

      (3)  "Family or household member" has the same meaning as    925          

in section 2919.25 of the Revised Code.                            926          

      (4)  "Prosecutor" has the same meaning as in section         928          

2935.01 of the Revised Code.                                       929          

      (5)  "Psychiatrist" and "licensed clinical psychologist"     932          

have the same meanings as in section 5122.01 of the Revised Code.  933          

      Sec. 2937.23.  (A)  In a case involving a felony, the judge  943          

or magistrate shall fix the amount of bail.  In a case involving                

a misdemeanor or a violation of a municipal ordinance and not      944          

involving a felony, the judge, magistrate, or clerk of the court   945          

may fix the amount of bail and may do so in accordance with a      946          

schedule previously fixed by the judge or magistrate, or, in a     948          

case when the judge, magistrate, or clerk of the court is not      949          

readily available, the sheriff, deputy sheriff, marshal, deputy    950          

marshal, police officer, or jailer having custody of the person    951          

charged may fix the amount of bail in accordance with a schedule   953          

previously fixed by the judge or magistrate and shall take the     954          

bail only in the county courthouse, the municipal or township      955          

building, or the county or municipal jail.  In all cases, the      956          

bail shall be fixed with consideration of the seriousness of the   957          

offense charged, the previous criminal record of the defendant,    958          

and the probability of the defendant appearing at the trial of     959          

the case.                                                                       

      (B)  In any case involving an alleged violation of section   961          

2919.27 of the Revised Code or of a municipal ordinance that is    962          

substantially similar to that section and in which the court       963          

finds that either of the following criteria applies, the court     964          

shall determine whether it will order an evaluation of the mental  965          

condition of the defendant pursuant to section 2919.271 of the     966          

Revised Code and, if it decides to so order, shall issue the       967          

order requiring that evaluation before it sets bail for the        968          

                                                          23     

                                                                 
person charged with the violation:                                              

      (1)  Regarding an alleged violation of a temporary           970          

protection order ISSUED or consent agreement APPROVED PURSUANT TO  971          

SECTION 2919.26 OR 3113.31 OF THE REVISED CODE, that the           972          

violation of the order or agreement allegedly involves conduct by  973          

the defendant that caused physical harm to the person or property  974          

of a family or household member covered by the order or agreement  975          

or conduct by that defendant that caused a family or household     976          

member to believe that the defendant would cause physical harm to  977          

that member or that member's property;                             978          

      (2)  Regarding an alleged violation of an anti-stalking A    980          

protection order ISSUED PURSUANT TO SECTION 2903.213 OR 2903.214   981          

OF THE REVISED CODE, that the violation of the order allegedly     982          

involves conduct by the defendant that caused physical harm to     984          

the person or property of the person covered by the order or       985          

conduct by that defendant that caused the person covered by the    986          

order to believe that the defendant would cause physical harm to   987          

that person or that person's property.                                          

      Section 2.  That existing sections 737.11, 1901.18,          989          

1901.19, 1907.18, 2903.213, 2919.27, 2919.271, and 2937.23 of the  991          

Revised Code are hereby repealed.                                               

      Section 3.  That section 1901.19 of the Revised Code, as     993          

amended by Am. Sub. H.B. 438 of the 121st General Assembly, be     994          

amended to read as follows:                                                     

      Sec. 1901.19.  (A)  Subject to the monetary jurisdiction of  1,003        

municipal courts as set forth in section 1901.17 of the Revised    1,004        

Code and the subject matter jurisdiction of municipal courts as    1,005        

set forth in section 1901.18 of the Revised Code, a municipal      1,006        

court and a housing or environmental division of a municipal       1,007        

court have jurisdiction within its territory to perform all of     1,008        

the following functions:                                                        

      (1)  To compel attendance of witnesses in any pending        1,010        

action or proceeding in the same manner as the court of common     1,011        

pleas;                                                             1,012        

                                                          24     

                                                                 
      (2)  To issue executions on its own judgments;               1,014        

      (3)  In any legal or equitable action or proceeding, to      1,016        

enforce the collection of its own judgments;                       1,017        

      (4)  To issue and enforce any order of attachment;           1,019        

      (5)  In any action or proceeding in the nature of            1,021        

creditors' bills, and in aid of execution, to subject the          1,022        

interest of a judgment debtor in personal property to the payment  1,023        

of a judgment of the court;                                        1,024        

      (6)  To issue and enforce temporary protection orders        1,026        

pursuant to section 2919.26 of the Revised Code and anti-stalking  1,027        

protection orders pursuant to section 2903.213 of the Revised      1,028        

Code.                                                              1,029        

      (B)  Subject to the limitation set forth in this division,   1,031        

a municipal court or a housing or environmental division of a      1,032        

municipal court has jurisdiction outside its territory in a        1,033        

proceeding in aid of execution to subject to the payment of the    1,034        

judgment the interest in personal property of a judgment debtor    1,035        

under a judgment rendered by the court or division.  The           1,036        

jurisdiction provided in this division includes the county or      1,037        

counties in which the territory of the court or division in        1,038        

question is situated and any county that is contiguous to that in  1,039        

which the court or division is located.  A court or division that  1,040        

has jurisdiction under this division outside its territory in a    1,041        

proceeding in aid of execution has the same powers, duties, and    1,042        

functions relative to the proceeding that it has relative to       1,043        

proceedings in aid of execution over which it has jurisdiction     1,044        

other than under this division.                                    1,045        

      (C)(1)  In any action for garnishment of personal earnings   1,047        

brought in a municipal court, the court has jurisdiction to serve  1,048        

process pursuant to section 2716.05 of the Revised Code upon a     1,049        

garnishee who resides in a county contiguous to that in which the  1,050        

court is located.                                                  1,051        

      (2)  In any action for garnishment of property, other than   1,053        

personal earnings, brought in a municipal court under section      1,054        

                                                          25     

                                                                 
2716.11 of the Revised Code, the court has jurisdiction to serve   1,055        

process pursuant to section 2716.13 of the Revised Code upon a     1,056        

garnishee who resides in a county contiguous to that in which the  1,057        

court is located.                                                  1,058        

      (3)  Whenever a motion for attachment is filed in a          1,060        

municipal court under section 2715.03 of the Revised Code, the     1,061        

court has jurisdiction to serve process pursuant to section        1,062        

2715.091 of the Revised Code upon a garnishee who resides in a     1,063        

county contiguous to that in which the court is located.           1,064        

      (D)  The municipal court of Cleveland also has jurisdiction  1,066        

in all actions and proceedings in the nature of creditors' bills,  1,067        

and in aid of execution to subject the interests of a judgment     1,068        

debtor in real or personal property to the payment of a judgment   1,069        

of the court.  In such actions and proceedings, the court may      1,070        

proceed to marshal and foreclose all liens on the property         1,071        

irrespective of the amount of the lien, and all vested or          1,072        

contingent rights in the property.                                 1,073        

      Section 4.  That all existing versions of section 1901.19    1,075        

of the Revised Code are hereby repealed.                           1,076        

      Section 5.  Sections 3 and 4 of this act shall take effect   1,078        

July 1, 1997.