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
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(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
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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
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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
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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
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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
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(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.