As Passed by the Senate                       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           

      SENATORS BLESSING-HOWARD-OELSLAGER-HOTTINGER-CARNES-         14           

       B. JOHNSON-WATTS-DRAKE-SHEERER-GARDNER-SUHADOLNIK-          15           

                     LATTA-GAETH-RAY-ZALESKI                       16           


                                                                   19           

                           A   B I L L                                          

             To amend sections 737.11, 1901.18, 1901.19, 1907.18,  21           

                2903.213, 2919.27, 2919.271, and 2937.23 and to    22           

                enact section 2903.214 of the Revised Code to      23           

                authorize the issuance of a civil protection       24           

                order to protect a person who has been a victim    25           

                of menacing by stalking.                                        




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        27           

      Section 1.  That sections 737.11, 1901.18, 1901.19,          29           

1907.18, 2903.213, 2919.27, 2919.271, and 2937.23 be amended and   31           

section 2903.214 of the Revised Code be enacted to read as                      

follows:                                                                        

      Sec. 737.11.  The police force of a municipal corporation    40           

shall preserve the peace, protect persons and property, and obey   41           

and enforce all ordinances of the legislative authority of the     42           

municipal corporation, all criminal laws of the state and the      43           

United States, all court orders issued and consent agreements      44           

approved pursuant to sections 2919.26 and 3113.31 of the Revised   45           

Code, all anti-stalking protection orders issued pursuant to       46           

                                                          2      

                                                                 
section 2903.213 OR 2903.214 of the Revised Code, and protection   48           

orders issued by courts of another state, as defined in section    49           

2919.27 of the Revised Code.  The fire department shall protect    51           

the lives and property of the people in case of fire.  Both the    52           

police and fire departments shall perform any other duties that    53           

are provided by ordinance.  The police and fire departments in     54           

every city shall be maintained under the civil service system.     55           

      A chief or officer of a police force of a municipal          57           

corporation may participate, as the director of an organized       58           

crime task force established under section 177.02 of the Revised   59           

Code or as a member of the investigatory staff of such a task      60           

force, in an investigation of organized criminal activity in any   61           

county or counties in this state under sections 177.01 to 177.03   62           

of the Revised Code.                                               63           

      Sec. 1901.18.  (A)  Except as otherwise provided in this     72           

division or section 1901.181 of the Revised Code, subject to the   73           

monetary jurisdiction of municipal courts as set forth in section  74           

1901.17 of the Revised Code, a municipal court has original        75           

jurisdiction within its territory in all of the following actions  76           

or proceedings and to perform all of the following functions:      77           

      (1)  In any civil action, of whatever nature or remedy, of   79           

which judges of county courts have jurisdiction;                   80           

      (2)  In any action or proceeding at law for the recovery of  82           

money or personal property of which the court of common pleas has  83           

jurisdiction;                                                      84           

      (3)  In any action at law based on contract, to determine,   86           

preserve, and enforce all legal and equitable rights involved in   87           

the contract, to decree an accounting, reformation, or             88           

cancellation of the contract, and to hear and determine all legal  89           

and equitable remedies necessary or proper for a complete          90           

determination of the rights of the parties to the contract;        91           

      (4)  In any action or proceeding for the sale of personal    93           

property under chattel mortgage, lien, encumbrance, or other       94           

charge, for the foreclosure and marshalling of liens on personal   96           

                                                          3      

                                                                 
property of that nature, and for the rendering of personal                      

judgment in the action or proceeding;                              98           

      (5)  In any action or proceeding to enforce the collection   100          

of its own judgments or the judgments rendered by any court        101          

within the territory to which the municipal court has succeeded,   102          

and to subject the interest of a judgment debtor in personal       103          

property to satisfy judgments enforceable by the municipal court;  104          

      (6)  In any action or proceeding in the nature of            106          

interpleader;                                                      107          

      (7)  In any action of replevin;                              109          

      (8)  In any action of forcible entry and detainer;           111          

      (9)  In any action concerning the issuance and enforcement   113          

of temporary protection orders pursuant to section 2919.26 of the  114          

Revised Code or anti-stalking protection orders pursuant to        115          

section 2903.213 of the Revised Code or the enforcement of         116          

protection orders issued by courts of another state, as defined    118          

in section 2919.27 of the Revised Code;                                         

      (10)  If the municipal court has a housing or environmental  120          

division, in any action over which the division is given           121          

jurisdiction by section 1901.181 of the Revised Code, provided     122          

that, except as specified in division (B) of that section, no      123          

judge of the court other than the judge of the division shall      124          

hear or determine any action over which the division has           125          

jurisdiction;                                                      126          

      (11)  In any action brought pursuant to division (I) of      128          

section 3733.11 of the Revised Code, if the residential premises   129          

that are the subject of the action are located within the          130          

territorial jurisdiction of the court;                             131          

      (12)  In any civil action as described in division (B)(1)    133          

of section 3767.41 of the Revised Code that relates to a public    134          

nuisance, and, to the extent any provision of this chapter         135          

conflicts or is inconsistent with a provision of that section,     136          

the provision of that section shall control in the civil action.   137          

      (B)  The Cleveland municipal court also shall have           140          

                                                          4      

                                                                 
jurisdiction within its territory in all of the following actions  141          

or proceedings and to perform all of the following functions:      142          

      (1)  In all actions and proceedings for the sale of real     144          

property under lien of a judgment of the municipal court or a      145          

lien for machinery, material, or fuel furnished or labor           146          

performed, irrespective of amount, and, in those actions and       148          

proceedings, the court may proceed to foreclose and marshal all    150          

liens and all vested or contingent rights, to appoint a receiver,  151          

and to render personal judgment irrespective of amount in favor    152          

of any party.                                                                   

      (2)  In all actions for the foreclosure of a mortgage on     154          

real property given to secure the payment of money or the          155          

enforcement of a specific lien for money or other encumbrance or   156          

charge on real property, when the amount claimed by the plaintiff  157          

does not exceed fifteen thousand dollars and the real property is  159          

situated within the territory, and, in those actions, the court    160          

may proceed to foreclose all liens and all vested and contingent   161          

rights and may proceed to render judgments and make findings and   164          

orders between the parties in the same manner and to the same      165          

extent as in similar actions in the court of common pleas.         167          

      (3)  In all actions for the recovery of real property        169          

situated within the territory to the same extent as courts of      170          

common pleas have jurisdiction;                                    171          

      (4)  In all actions for injunction to prevent or terminate   173          

violations of the ordinances and regulations of the city of        174          

Cleveland enacted or promulgated under the police power of the     175          

city of Cleveland, pursuant to Section 3 of Article XVIII, Ohio    176          

Constitution, over which the court of common pleas has or may      177          

have jurisdiction, and, in those actions, the court may proceed    179          

to render judgments and make findings and orders in the same       182          

manner and to the same extent as in similar actions in the court   183          

of common pleas.                                                                

      Sec. 1901.19.  (A)  Subject to the monetary jurisdiction of  192          

municipal courts as set forth in section 1901.17 of the Revised    193          

                                                          5      

                                                                 
Code and the subject matter jurisdiction of municipal courts as    194          

set forth in section 1901.18 of the Revised Code, a municipal      195          

court and a housing or environmental division of a municipal       196          

court have jurisdiction within its territory to perform all of     197          

the following functions:                                                        

      (1)  To compel attendance of witnesses in any pending        199          

action or proceeding in the same manner as the court of common     200          

pleas;                                                             201          

      (2)  To issue executions on its own judgments;               203          

      (3)  In any legal or equitable action or proceeding, to      205          

enforce the collection of its own judgments;                       206          

      (4)  To issue and enforce any order of attachment;           208          

      (5)  In any action or proceeding in the nature of            210          

creditors' bills, and in aid of execution, to subject the          211          

interest of a judgment debtor in personal property to the payment  212          

of a judgment of the court;                                        213          

      (6)  To issue and enforce temporary protection orders        215          

pursuant to section 2919.26 of the Revised Code and anti-stalking  216          

protection orders pursuant to section 2903.213 of the Revised      217          

Code and to enforce protection orders issued by courts of another  218          

state, as defined in section 2919.27 of the Revised 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          

      (7)  Hear actions concerning the enforcement of protection   304          

orders issued by courts of another state, as defined in section    306          

2919.27 of the Revised Code, and to enforce those protection       307          

orders.                                                                         

      (B)  County court judges may punish contempts, and exercise  309          

powers necessary to give effect to the jurisdiction of the court   310          

and to enforce its judgments, orders, and decrees, as provided in  311          

this chapter or, in the absence of a provision in this chapter,    312          

in a manner authorized by the Revised Code or common law for the   313          

judges of the courts of common pleas.                              314          

      (C)  County court judges have jurisdiction and authority to  316          

perform marriage ceremonies anywhere in the state.                 317          

      Sec. 2903.213.  (A)  Except when the complaint involves a    326          

person who is a family or household member as defined in section   327          

2919.25 of the Revised Code, upon the filing of a complaint that   328          

alleges a violation of section 2903.11, 2903.12, 2903.13,          329          

2903.21, 2903.211, 2903.22, or 2911.211 of the Revised Code or a   331          

                                                          8      

                                                                 
violation of a municipal ordinance substantially similar to        332          

section 2903.13, 2903.21, 2903.211, 2903.22, or 2911.211 of the    333          

Revised Code, the complainant may file a motion that requests the  334          

issuance of an anti-stalking A protection order as a pretrial      336          

condition of release of the alleged offender, in addition to any   337          

bail set under Criminal Rule 46.  The motion shall be filed with   338          

the clerk of the court that has jurisdiction of the case at any    339          

time after the filing of the complaint.  If the complaint          340          

involves a person who is a family or household member, the         341          

complainant may file a motion for a temporary protection order     342          

pursuant to section 2919.26 of the Revised Code.                                

      (B)  A motion for an anti-stalking A protection order UNDER  344          

THIS SECTION shall be prepared on a form that is provided by the   346          

clerk of the court, which AND THE form shall be substantially as   347          

follows:                                                                        

           "Motion for Anti-stalking Protection Order              348          

                     ................. Court                       349          

                    Name and address of court                      350          

State of Ohio                                                      352          

      v.                                         No. .......       353          

.....................................                              354          

Name of Defendant                                                  355          

(Name of person), the complainant in the above-captioned case,     357          

moves the court to issue an anti-stalking A protection order       358          

containing terms designed to ensure the safety and protection of   359          

the complainant in relation to the named defendant, pursuant to    360          

its authority to issue such an A PROTECTION order under section    361          

2903.213 of the Revised Code.                                      363          

      A complaint, a copy of which has been attached to this       365          

motion, has been filed in this court charging the named defendant  366          

with a violation of section 2903.11, 2903.12, 2903.13, 2903.21,    367          

2903.211, 2903.22, or 2911.211 of the Revised Code or a violation  369          

of a municipal ordinance substantially similar to section          370          

2903.13, 2903.21, 2903.211, 2903.22, or 2911.211 of the Revised    371          

                                                          9      

                                                                 
Code.                                                                           

      I understand that I must appear before the court, at a time  373          

set by the court not later than the next day that the court is in  374          

session after the filing of this motion, for a hearing on the      375          

motion, and that any anti-stalking protection order granted        376          

pursuant to this motion is a pretrial condition of release and is  377          

effective only until the disposition of the criminal proceeding    378          

arising out of the attached complaint OR UNTIL THE ISSUANCE UNDER  379          

SECTION 2903.214 OF THE REVISED CODE OF A PROTECTION ORDER         380          

ARISING OUT OF THE SAME ACTIVITIES AS THOSE THAT WERE THE BASIS    381          

OF THE ATTACHED COMPLAINT.                                                      

.....................................                              383          

Signature of complainant                                           385          

.....................................                              387          

Address of complainant"                                            389          

      (C)(1)  As soon as possible after the filing of a motion     391          

that requests the issuance of an anti-stalking A protection order  392          

UNDER THIS SECTION, but not later than the next day that the       394          

court is in session after the filing of the motion, the court      395          

shall conduct a hearing to determine whether to issue the order.   396          

The complainant shall appear before the court and provide the      397          

court with the information that it requests concerning the basis   398          

of the motion. If the court finds that the safety and protection   399          

of the complainant may be impaired by the continued presence of    400          

the alleged offender, the court may issue an anti-stalking A       401          

protection order UNDER THIS SECTION, as a pretrial condition of    403          

release, that contains terms designed to ensure the safety and     405          

protection of the complainant, including a requirement that the    406          

alleged offender refrain from entering the residence, school,      407          

business, or place of employment of the complainant.               408          

      (2)(a)  IF THE COURT ISSUES A PROTECTION ORDER UNDER THIS    411          

SECTION THAT INCLUDES A REQUIREMENT THAT THE ALLEGED OFFENDER      412          

REFRAIN FROM ENTERING THE RESIDENCE, SCHOOL, BUSINESS, OR PLACE    413          

OF EMPLOYMENT OF THE COMPLAINANT, THE ORDER SHALL CLEARLY STATE    414          

                                                          10     

                                                                 
THAT THE ORDER CANNOT BE WAIVED OR NULLIFIED BY AN INVITATION TO   415          

THE ALLEGED OFFENDER FROM THE COMPLAINANT TO ENTER THE RESIDENCE,  416          

SCHOOL, BUSINESS, OR PLACE OF EMPLOYMENT OR BY THE ALLEGED         417          

OFFENDER'S ENTRY INTO ONE OF THOSE PLACES OTHERWISE UPON THE       418          

CONSENT OF THE COMPLAINANT.                                        419          

      (b)  DIVISION (C)(2)(a) OF THIS SECTION DOES NOT LIMIT ANY   423          

DISCRETION OF A COURT TO DETERMINE THAT AN ALLEGED OFFENDER        424          

CHARGED WITH A VIOLATION OF SECTION 2919.27 OF THE REVISED CODE,   425          

WITH A VIOLATION OF A MUNICIPAL ORDINANCE SUBSTANTIALLY            426          

EQUIVALENT TO THAT SECTION, OR WITH CONTEMPT OF COURT, WHICH       427          

CHARGE IS BASED ON AN ALLEGED VIOLATION OF A PROTECTION ORDER      428          

ISSUED UNDER THIS SECTION, DID NOT COMMIT THE VIOLATION OR WAS     429          

NOT IN CONTEMPT OF COURT.                                                       

      (D)(1)  Except when the complaint involves a person who is   431          

a family or household member as defined in section 2919.25 of the  432          

Revised Code, upon the filing of a complaint that alleges a        433          

violation specified in division (A) of this section, the court,    434          

upon its own motion, may issue an anti-stalking A protection       436          

order UNDER THIS SECTION as a pretrial condition of release of     438          

the alleged offender if it finds that the safety and protection    439          

of the complainant may be impaired by the continued presence of    440          

the alleged offender.                                                           

      (2)  If the court issues an anti-stalking A protection       442          

order under this section as an ex parte order, it shall conduct,   443          

as soon as possible after the issuance of the order but not later  444          

than the next day THAT the court is in session after its           445          

issuance, a hearing to determine whether the order should remain   446          

in effect, be modified, or be revoked.  The hearing shall be       447          

conducted under the standards set forth in division (C) of this    448          

section.                                                                        

      (3)  If a municipal court or a county court issues an        451          

anti-stalking A protection order under this section and if,        453          

subsequent to the issuance of the order, the alleged offender who  454          

is the subject of the order is bound over to the court of common   455          

                                                          11     

                                                                 
pleas for prosecution of a felony arising out of the same          456          

activities as those that were the basis of the complaint upon      457          

which the order is based, notwithstanding the fact that the order  458          

was issued by a municipal court or county court, the order shall   459          

remain in effect, as though it were an order of the court of       460          

common pleas, while the charges against the alleged offender are   461          

pending in the court of common pleas, for the period of time       462          

described in division (E)(2) of this section, and the court of     463          

common pleas has exclusive jurisdiction to modify the order        464          

issued by the municipal court or county court.  This division      466          

applies when the alleged offender is bound over to the court of    467          

common pleas as a result of the person waiving a preliminary       468          

hearing on the felony charge, as a result of the municipal court   469          

or county court having determined at a preliminary hearing that    470          

there is probable cause to believe that the felony has been        471          

committed and that the alleged offender committed it, as a result  472          

of the alleged offender having been indicted for the felony, or    473          

in any other manner.                                                            

      (E)  An anti-stalking A protection order that is issued as   475          

a pretrial condition of release under this section:                476          

      (1)  Is in addition to, but shall not be construed as a      478          

part of, any bail set under Criminal Rule 46;                      479          

      (2)  Is effective only until the disposition, by the court   481          

that issued the order or, in the circumstances described in        482          

division (D)(3) of this section, by the court of common pleas to   483          

which the alleged offender is bound over for prosecution, of the   484          

criminal proceeding arising out of the complaint upon which the    485          

order is based OR UNTIL THE ISSUANCE UNDER SECTION 2903.214 OF     487          

THE REVISED CODE OF A PROTECTION ORDER ARISING OUT OF THE SAME     488          

ACTIVITIES AS THOSE THAT WERE THE BASIS OF THE COMPLAINT FILED     489          

UNDER THIS SECTION;                                                             

      (3)  Shall not be construed as a finding that the alleged    491          

offender committed the alleged offense, and shall not be           492          

introduced as evidence of the commission of the offense at the     493          

                                                          12     

                                                                 
trial of the alleged offender on the complaint upon which the      494          

order is based.                                                    495          

      (F)  A person who meets the criteria for bail under          497          

Criminal Rule 46 and who, if required to do so pursuant to that    498          

rule, executes or posts bond or deposits cash or securities as     499          

bail, shall not be held in custody pending a hearing before the    500          

court on a motion requesting an anti-stalking A protection order   501          

UNDER THIS SECTION.                                                502          

      (G)(1)  A copy of any anti-stalking A protection order that  504          

is issued under this section shall be issued by the court to the   505          

complainant, to the defendant, and to all law enforcement          506          

agencies that have jurisdiction to enforce the order.  The court   507          

shall direct that a copy of the order be delivered to the          508          

defendant on the same day that the order is entered.  If a         509          

municipal court or a county court issues an anti-stalking A        510          

protection order under this section and if, subsequent to the      511          

issuance of the order, the defendant who is the subject of the     512          

order is bound over to the court of common pleas for prosecution   513          

as described in division (D)(3) of this section, the municipal     515          

court or county court shall direct that a copy of the order be     516          

delivered to the court of common pleas to which the defendant is   517          

bound over.                                                                     

      (2)  All law enforcement agencies shall establish and        519          

maintain an index for the anti-stalking protection orders          520          

delivered to the agencies pursuant to division (G)(1) of this      521          

section.  With respect to each order delivered, each agency shall  522          

note on the index, the date and time of the AGENCY'S receipt of    523          

the order by the agency.                                           525          

      (3)  Any REGARDLESS OF WHETHER THE PETITIONER HAS            527          

REGISTERED THE PROTECTION ORDER IN THE COUNTY IN WHICH THE         528          

OFFICER'S AGENCY HAS JURISDICTION, ANY officer of a law            529          

enforcement agency shall enforce an anti-stalking A protection     530          

order ISSUED PURSUANT TO THIS SECTION in accordance with the       531          

provisions of the order.                                           532          

                                                          13     

                                                                 
      (H)  Upon a violation of an anti-stalking A protection       534          

order ISSUED PURSUANT TO THIS SECTION, the court may issue         536          

another anti-stalking protection order UNDER THIS SECTION, as a    537          

pretrial condition of release, that modifies the terms of the      538          

order that was violated.                                           539          

      (I)  Notwithstanding any provision of law to the contrary,   541          

no court shall charge a fee for the filing of a motion pursuant    542          

to this section.                                                   543          

      Sec. 2903.214.  (A)  AS USED IN THIS SECTION:                545          

      (1)  "COURT" MEANS THE COURT OF COMMON PLEAS OF THE COUNTY   547          

IN WHICH THE PERSON TO BE PROTECTED BY THE PROTECTION ORDER        548          

RESIDES.                                                                        

      (2)  "VICTIM ADVOCATE" MEANS A PERSON WHO PROVIDES SUPPORT   550          

AND ASSISTANCE FOR A PERSON WHO FILES A PETITION UNDER THIS        552          

SECTION.                                                                        

      (3)  "FAMILY OR HOUSEHOLD MEMBER" HAS THE SAME MEANING AS    555          

IN SECTION 3113.31 OF THE REVISED CODE.                            556          

      (4)  "PROTECTION ORDER ISSUED BY A COURT OF ANOTHER STATE"   558          

HAS THE SAME MEANING AS IN SECTION 2919.27 OF THE REVISED CODE.    560          

      (B)  THE COURT HAS JURISDICTION OVER ALL PROCEEDINGS UNDER   562          

THIS SECTION.                                                      563          

      (C)  A PERSON MAY SEEK RELIEF UNDER THIS SECTION FOR THE     566          

PERSON, OR ANY PARENT OR ADULT HOUSEHOLD MEMBER MAY SEEK RELIEF    567          

UNDER THIS SECTION ON BEHALF OF ANY OTHER FAMILY OR HOUSEHOLD      568          

MEMBER, BY FILING A PETITION WITH THE COURT.  THE PETITION SHALL   569          

CONTAIN OR STATE BOTH OF THE FOLLOWING:                            570          

      (1)  AN ALLEGATION THAT THE RESPONDENT ENGAGED IN A          572          

VIOLATION OF SECTION 2903.211 OF THE REVISED CODE AGAINST THE      573          

PERSON TO BE PROTECTED BY THE PROTECTION ORDER, INCLUDING A        574          

DESCRIPTION OF THE NATURE AND EXTENT OF THE VIOLATION;             575          

      (2)  A REQUEST FOR RELIEF UNDER THIS SECTION.                577          

      (D)(1)  IF A PERSON WHO FILES A PETITION PURSUANT TO THIS    579          

SECTION REQUESTS AN EX PARTE ORDER, THE COURT SHALL HOLD AN EX     580          

PARTE HEARING AS SOON AS POSSIBLE AFTER THE PETITION IS FILED,     581          

                                                          14     

                                                                 
BUT NOT LATER THAN THE NEXT DAY THAT THE COURT IS IN SESSION       582          

AFTER THE PETITION IS FILED.  THE COURT, FOR GOOD CAUSE SHOWN AT   584          

THE EX PARTE HEARING, MAY ENTER ANY TEMPORARY ORDERS, WITH OR      585          

WITHOUT BOND, THAT THE COURT FINDS NECESSARY FOR THE SAFETY AND    586          

PROTECTION OF THE PERSON TO BE PROTECTED BY THE ORDER.  IMMEDIATE  587          

AND PRESENT DANGER TO THE PERSON TO BE PROTECTED BY THE                         

PROTECTION ORDER CONSTITUTES GOOD CAUSE FOR PURPOSES OF THIS       588          

SECTION.  IMMEDIATE AND PRESENT DANGER INCLUDES, BUT IS NOT        589          

LIMITED TO, SITUATIONS IN WHICH THE RESPONDENT HAS THREATENED THE  590          

PERSON TO BE PROTECTED BY THE PROTECTION ORDER WITH BODILY HARM    591          

OR IN WHICH THE RESPONDENT PREVIOUSLY HAS BEEN CONVICTED OF OR     592          

PLEADED GUILTY TO A VIOLATION OF SECTION 2903.211 OF THE REVISED   594          

CODE AGAINST THE PERSON TO BE PROTECTED BY THE PROTECTION ORDER.                

      (2)(a)  IF THE COURT, AFTER AN EX PARTE HEARING, ISSUES A    596          

PROTECTION ORDER DESCRIBED IN DIVISION (E) OF THIS SECTION, THE    598          

COURT SHALL SCHEDULE A FULL HEARING FOR A DATE THAT IS WITHIN TEN  599          

COURT DAYS AFTER THE EX PARTE HEARING.  THE COURT SHALL GIVE THE   601          

RESPONDENT NOTICE OF, AND AN OPPORTUNITY TO BE HEARD AT, THE FULL  603          

HEARING.  THE COURT SHALL HOLD THE FULL HEARING ON THE DATE        604          

SCHEDULED UNDER THIS DIVISION UNLESS THE COURT GRANTS A            605          

CONTINUANCE OF THE HEARING IN ACCORDANCE WITH THIS DIVISION.       606          

UNDER ANY OF THE FOLLOWING CIRCUMSTANCES OR FOR ANY OF THE         607          

FOLLOWING REASONS, THE COURT MAY GRANT A CONTINUANCE OF THE FULL   608          

HEARING TO A REASONABLE TIME DETERMINED BY THE COURT:              609          

      (i)  PRIOR TO THE DATE SCHEDULED FOR THE FULL HEARING UNDER  612          

THIS DIVISION, THE RESPONDENT HAS NOT BEEN SERVED WITH THE         613          

PETITION FILED PURSUANT TO THIS SECTION AND NOTICE OF THE FULL     614          

HEARING.                                                                        

      (ii)  THE PARTIES CONSENT TO THE CONTINUANCE.                617          

      (iii)  THE CONTINUANCE IS NEEDED TO ALLOW A PARTY TO OBTAIN  620          

COUNSEL.                                                                        

      (iv)  THE CONTINUANCE IS NEEDED FOR OTHER GOOD CAUSE.        623          

      (b)  AN EX PARTE ORDER ISSUED UNDER THIS SECTION DOES NOT    626          

EXPIRE BECAUSE OF A FAILURE TO SERVE NOTICE OF THE FULL HEARING    627          

                                                          15     

                                                                 
UPON THE RESPONDENT BEFORE THE DATE SET FOR THE FULL HEARING       628          

UNDER DIVISION (D)(2)(a) OF THIS SECTION OR BECAUSE THE COURT      630          

GRANTS A CONTINUANCE UNDER THAT DIVISION.                          631          

      (3)  IF A PERSON WHO FILES A PETITION PURSUANT TO THIS       633          

SECTION DOES NOT REQUEST AN EX PARTE ORDER, OR IF A PERSON         634          

REQUESTS AN EX PARTE ORDER BUT THE COURT DOES NOT ISSUE AN EX      635          

PARTE ORDER AFTER AN EX PARTE HEARING, THE COURT SHALL PROCEED AS  636          

IN A NORMAL CIVIL ACTION AND GRANT A FULL HEARING ON THE MATTER.   637          

      (E)(1)  AFTER AN EX PARTE OR FULL HEARING, THE COURT MAY     639          

ISSUE ANY PROTECTION ORDER, WITH OR WITHOUT BOND, THAT CONTAINS    641          

TERMS DESIGNED TO ENSURE THE SAFETY AND PROTECTION OF THE PERSON                

TO BE PROTECTED BY THE PROTECTION ORDER, INCLUDING, BUT NOT        642          

LIMITED TO, A REQUIREMENT THAT THE RESPONDENT REFRAIN FROM         644          

ENTERING THE RESIDENCE, SCHOOL, BUSINESS, OR PLACE OF EMPLOYMENT   645          

OF THE PETITIONER OR FAMILY OR HOUSEHOLD MEMBER.  IF THE COURT     647          

INCLUDES A REQUIREMENT THAT THE RESPONDENT REFRAIN FROM ENTERING   648          

THE RESIDENCE, SCHOOL, BUSINESS, OR PLACE OF EMPLOYMENT OF THE     649          

PETITIONER OR FAMILY OR HOUSEHOLD MEMBER IN THE ORDER, IT ALSO     650          

SHALL INCLUDE IN THE ORDER PROVISIONS OF THE TYPE DESCRIBED IN     651          

DIVISION (E)(5) OF THIS SECTION.                                   652          

      (2)(a)  ANY PROTECTION ORDER ISSUED PURSUANT TO THIS         654          

SECTION SHALL BE VALID UNTIL A DATE CERTAIN BUT NOT LATER THAN     656          

FIVE YEARS FROM THE DATE OF ITS ISSUANCE.                                       

      (b)  ANY PROTECTION ORDER ISSUED PURSUANT TO THIS SECTION    658          

MAY BE RENEWED IN THE SAME MANNER AS THE ORIGINAL ORDER WAS        660          

ISSUED.                                                                         

      (3)  A COURT MAY NOT ISSUE A PROTECTION ORDER THAT REQUIRES  662          

A PETITIONER TO DO OR TO REFRAIN FROM DOING AN ACT THAT THE COURT  663          

MAY REQUIRE A RESPONDENT TO DO OR TO REFRAIN FROM DOING UNDER      665          

DIVISION (E)(1) OF THIS SECTION UNLESS ALL OF THE FOLLOWING        666          

APPLY:                                                                          

      (a)  THE RESPONDENT FILES A SEPARATE PETITION FOR A          668          

PROTECTION ORDER IN ACCORDANCE WITH THIS SECTION.                  670          

      (b)  THE PETITIONER IS SERVED WITH NOTICE OF THE             672          

                                                          16     

                                                                 
RESPONDENT'S PETITION AT LEAST FORTY-EIGHT HOURS BEFORE THE COURT  675          

HOLDS A HEARING WITH RESPECT TO THE RESPONDENT'S PETITION, OR THE  676          

PETITIONER WAIVES THE RIGHT TO RECEIVE THIS NOTICE.                677          

      (c)  IF THE PETITIONER HAS REQUESTED AN EX PARTE ORDER       679          

PURSUANT TO DIVISION (D) OF THIS SECTION, THE COURT DOES NOT       680          

DELAY ANY HEARING REQUIRED BY THAT DIVISION BEYOND THE TIME        681          

SPECIFIED IN THAT DIVISION IN ORDER TO CONSOLIDATE THE HEARING     682          

WITH A HEARING ON THE PETITION FILED BY THE RESPONDENT.            683          

      (d)  AFTER A FULL HEARING AT WHICH THE RESPONDENT PRESENTS   685          

EVIDENCE IN SUPPORT OF THE REQUEST FOR A PROTECTION ORDER AND THE  686          

PETITIONER IS AFFORDED AN OPPORTUNITY TO DEFEND AGAINST THAT       687          

EVIDENCE, THE COURT DETERMINES THAT THE PETITIONER HAS COMMITTED   688          

A VIOLATION OF SECTION 2903.211 OF THE REVISED CODE AGAINST THE    689          

PERSON TO BE PROTECTED BY THE PROTECTION ORDER ISSUED PURSUANT TO  690          

THIS SECTION OR HAS VIOLATED A PROTECTION ORDER ISSUED PURSUANT    692          

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

BE PROTECTED BY THE PROTECTION ORDER ISSUED PURSUANT TO THIS       693          

SECTION.                                                                        

      (4)  NO PROTECTION ORDER ISSUED PURSUANT TO THIS SECTION     695          

SHALL IN ANY MANNER AFFECT TITLE TO ANY REAL PROPERTY.             696          

      (5)(a)  IF THE COURT ISSUES A PROTECTION ORDER UNDER THIS    699          

SECTION THAT INCLUDES A REQUIREMENT THAT THE ALLEGED OFFENDER      700          

REFRAIN FROM ENTERING THE RESIDENCE, SCHOOL, BUSINESS, OR PLACE    701          

OF EMPLOYMENT OF THE PETITIONER OR A FAMILY OR HOUSEHOLD MEMBER,   702          

THE ORDER SHALL CLEARLY STATE THAT THE ORDER CANNOT BE WAIVED OR   703          

NULLIFIED BY AN INVITATION TO THE ALLEGED OFFENDER FROM THE        704          

COMPLAINANT TO ENTER THE RESIDENCE, SCHOOL, BUSINESS, OR PLACE OF  705          

EMPLOYMENT OR BY THE ALLEGED OFFENDER'S ENTRY INTO ONE OF THOSE    706          

PLACES OTHERWISE UPON THE CONSENT OF THE PETITIONER OR FAMILY OR   707          

HOUSEHOLD MEMBER.                                                  708          

      (b)  DIVISION (E)(5)(a) OF THIS SECTION DOES NOT LIMIT ANY   712          

DISCRETION OF A COURT TO DETERMINE THAT AN ALLEGED OFFENDER        713          

CHARGED WITH A VIOLATION OF SECTION 2919.27 OF THE REVISED CODE,   714          

WITH A VIOLATION OF A MUNICIPAL ORDINANCE SUBSTANTIALLY            715          

                                                          17     

                                                                 
EQUIVALENT TO THAT SECTION, OR WITH CONTEMPT OF COURT, WHICH       716          

CHARGE IS BASED ON AN ALLEGED VIOLATION OF A PROTECTION ORDER      717          

ISSUED UNDER THIS SECTION, DID NOT COMMIT THE VIOLATION OR WAS     718          

NOT IN CONTEMPT OF COURT.                                                       

      (F)(1)  THE COURT SHALL CAUSE THE DELIVERY OF A COPY OF ANY  720          

PROTECTION ORDER THAT IS ISSUED UNDER THIS SECTION TO THE          723          

PETITIONER, TO THE RESPONDENT, AND TO ALL LAW ENFORCEMENT          724          

AGENCIES THAT HAVE JURISDICTION TO ENFORCE THE ORDER.  THE COURT   725          

SHALL DIRECT THAT A COPY OF THE ORDER BE DELIVERED TO THE          726          

RESPONDENT ON THE SAME DAY THAT THE ORDER IS ENTERED.              727          

      (2)  ALL LAW ENFORCEMENT AGENCIES SHALL ESTABLISH AND        729          

MAINTAIN AN INDEX FOR THE PROTECTION ORDERS DELIVERED TO THE       730          

AGENCIES PURSUANT TO DIVISION (F)(1) OF THIS SECTION.  WITH        732          

RESPECT TO EACH ORDER DELIVERED, EACH AGENCY SHALL NOTE ON THE     733          

INDEX THE DATE AND TIME THAT IT RECEIVED THE ORDER.                734          

      (3)  REGARDLESS OF WHETHER THE PETITIONER HAS REGISTERED     736          

THE PROTECTION ORDER IN THE COUNTY IN WHICH THE OFFICER'S AGENCY   738          

HAS JURISDICTION PURSUANT TO DIVISION (M) OF THIS SECTION, ANY     739          

OFFICER OF A LAW ENFORCEMENT AGENCY SHALL ENFORCE A PROTECTION     740          

ORDER ISSUED PURSUANT TO THIS SECTION BY ANY COURT IN THIS STATE   742          

IN ACCORDANCE WITH THE PROVISIONS OF THE ORDER, INCLUDING                       

REMOVING THE RESPONDENT FROM THE PREMISES, IF APPROPRIATE.         743          

      (G)  ANY PROCEEDING UNDER THIS SECTION SHALL BE CONDUCTED    745          

IN ACCORDANCE WITH THE RULES OF CIVIL PROCEDURE, EXCEPT THAT A     747          

PROTECTION ORDER MAY BE OBTAINED UNDER THIS SECTION WITH OR        748          

WITHOUT BOND.  AN ORDER ISSUED UNDER THIS SECTION, OTHER THAN AN   749          

EX PARTE ORDER, THAT GRANTS A PROTECTION ORDER, OR THAT REFUSES    750          

TO GRANT A PROTECTION ORDER, IS A FINAL, APPEALABLE ORDER.  THE    752          

REMEDIES AND PROCEDURES PROVIDED IN THIS SECTION ARE IN ADDITION   753          

TO, AND NOT IN LIEU OF, ANY OTHER AVAILABLE CIVIL OR CRIMINAL      754          

REMEDIES.                                                                       

      (H)  THE FILING OF PROCEEDINGS UNDER THIS SECTION DOES NOT   756          

EXCUSE A PERSON FROM FILING ANY REPORT OR GIVING ANY NOTICE        757          

REQUIRED BY SECTION 2151.421 OF THE REVISED CODE OR BY ANY OTHER   759          

                                                          18     

                                                                 
LAW.                                                                            

      (I)  ANY LAW ENFORCEMENT AGENCY THAT INVESTIGATES AN         761          

ALLEGED VIOLATION OF SECTION 2903.211 OF THE REVISED CODE SHALL    762          

PROVIDE INFORMATION TO THE VICTIM AND THE FAMILY OR HOUSEHOLD      763          

MEMBERS OF THE VICTIM REGARDING THE RELIEF AVAILABLE UNDER THIS    764          

SECTION AND SECTION 2903.213 OF THE REVISED CODE.                  765          

      (J)  NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY,   767          

NO COURT SHALL CHARGE A FEE FOR THE FILING OF A PETITION PURSUANT  768          

TO THIS SECTION.                                                   769          

      (K)(1)  A PERSON WHO VIOLATES A PROTECTION ORDER ISSUED      771          

UNDER THIS SECTION IS SUBJECT TO THE FOLLOWING SANCTIONS:          772          

      (a)  CRIMINAL PROSECUTION FOR A VIOLATION OF SECTION         774          

2919.27 OF THE REVISED CODE, IF THE VIOLATION OF THE PROTECTION    775          

ORDER CONSTITUTES A VIOLATION OF THAT SECTION;                     776          

      (b)  PUNISHMENT FOR CONTEMPT OF COURT.                       778          

      (2)  THE PUNISHMENT OF A PERSON FOR CONTEMPT OF COURT FOR    780          

VIOLATION OF A PROTECTION ORDER ISSUED UNDER THIS SECTION DOES     781          

NOT BAR CRIMINAL PROSECUTION OF THE PERSON FOR A VIOLATION OF      783          

SECTION 2919.27 OF THE REVISED CODE.  HOWEVER, A PERSON PUNISHED   784          

FOR CONTEMPT OF COURT IS ENTITLED TO CREDIT FOR THE PUNISHMENT     785          

IMPOSED UPON CONVICTION OF A VIOLATION OF THAT SECTION, AND A      786          

PERSON CONVICTED OF A VIOLATION OF THAT SECTION SHALL NOT          787          

SUBSEQUENTLY BE PUNISHED FOR CONTEMPT OF COURT ARISING OUT OF THE  788          

SAME ACTIVITY.                                                                  

      (L)  IN ALL STAGES OF A PROCEEDING UNDER THIS SECTION, A     790          

PETITIONER MAY BE ACCOMPANIED BY A VICTIM ADVOCATE.                792          

      (M)(1)  A PETITIONER WHO OBTAINS A PROTECTION ORDER UNDER    794          

THIS SECTION OR A PROTECTION ORDER UNDER SECTION 2903.213 OF THE   795          

REVISED CODE MAY PROVIDE NOTICE OF THE ISSUANCE OR APPROVAL OF     796          

THE ORDER TO THE JUDICIAL AND LAW ENFORCEMENT OFFICIALS IN ANY     797          

COUNTY OTHER THAN THE COUNTY IN WHICH THE ORDER IS ISSUED BY       798          

REGISTERING THAT ORDER IN THE OTHER COUNTY PURSUANT TO DIVISION    800          

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

WITH A LAW ENFORCEMENT AGENCY IN THE OTHER COUNTY IN ACCORDANCE    801          

                                                          19     

                                                                 
WITH THAT DIVISION.  A PERSON WHO OBTAINS A PROTECTION ORDER       802          

ISSUED BY A COURT OF ANOTHER STATE MAY PROVIDE NOTICE OF THE       803          

ISSUANCE OF THE ORDER TO THE JUDICIAL AND LAW ENFORCEMENT          804          

OFFICIALS IN ANY COUNTY OF THIS STATE BY REGISTERING THE ORDER IN  805          

THAT COUNTY PURSUANT TO SECTION 2919.272 OF THE REVISED CODE AND   806          

FILING A COPY OF THE REGISTERED ORDER WITH A LAW ENFORCEMENT       808          

AGENCY IN THAT COUNTY.                                             809          

      (2)  A PETITIONER MAY REGISTER A PROTECTION ORDER ISSUED     812          

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   814          

THE ORDER IS LOCATED IN THE FOLLOWING MANNER:                                   

      (a)  THE PETITIONER SHALL OBTAIN A CERTIFIED COPY OF THE     816          

ORDER FROM THE CLERK OF THE COURT THAT ISSUED THE ORDER AND        817          

PRESENT THAT CERTIFIED COPY TO THE CLERK OF THE COURT OF COMMON    818          

PLEAS OR THE CLERK OF A MUNICIPAL COURT OR COUNTY COURT IN THE     819          

COUNTY IN WHICH THE ORDER IS TO BE REGISTERED.                                  

      (b)  UPON ACCEPTING THE CERTIFIED COPY OF THE ORDER FOR      821          

REGISTRATION, THE CLERK OF THE COURT OF COMMON PLEAS, MUNICIPAL    822          

COURT, OR COUNTY COURT SHALL PLACE AN ENDORSEMENT OF REGISTRATION  824          

ON THE ORDER AND GIVE THE PETITIONER A COPY OF THE ORDER THAT      825          

BEARS THAT PROOF OF REGISTRATION.                                               

      (3)  THE CLERK OF EACH COURT OF COMMON PLEAS, MUNICIPAL      828          

COURT, OR COUNTY COURT SHALL MAINTAIN A REGISTRY OF CERTIFIED      829          

COPIES OF PROTECTION ORDERS THAT HAVE BEEN ISSUED BY COURTS IN     832          

OTHER COUNTIES PURSUANT TO THIS SECTION OR SECTION 2903.213 OF                  

THE REVISED CODE AND THAT HAVE BEEN REGISTERED WITH THE CLERK.     834          

      (4)  IF A PETITIONER WHO OBTAINS A PROTECTION ORDER UNDER    836          

THIS SECTION OR SECTION 2903.213 OF THE REVISED CODE WISHES TO     838          

REGISTER THE ORDER IN ANY COUNTY OTHER THAN THE COUNTY IN WHICH    839          

THE ORDER WAS ISSUED, PURSUANT TO DIVISIONS (M)(1) TO (3) OF THIS  840          

SECTION, AND IF THE PETITIONER IS INDIGENT, BOTH OF THE FOLLOWING  841          

APPLY:                                                                          

      (a)  IF THE PETITIONER SUBMITS TO THE CLERK OF THE COURT     843          

THAT ISSUED THE ORDER SATISFACTORY PROOF THAT THE PETITIONER IS    845          

                                                          20     

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

REQUIRED FOR PROVIDING THE PETITIONER WITH A CERTIFIED COPY OF     846          

THE ORDER TO BE USED FOR PURPOSES OF DIVISIONS (M)(1) TO (3) OF    847          

THIS SECTION.                                                      848          

      (b)  IF THE PETITIONER SUBMITS TO THE CLERK OF THE COURT OF  850          

COMMON PLEAS OR THE CLERK OF A MUNICIPAL COURT OR COUNTY COURT IN  851          

THE COUNTY IN WHICH THE ORDER IS TO BE REGISTERED SATISFACTORY     852          

PROOF THAT THE PETITIONER IS INDIGENT, THE CLERK MAY WAIVE ANY     853          

FEE THAT OTHERWISE WOULD BE REQUIRED FOR ACCEPTING FOR             854          

REGISTRATION A CERTIFIED COPY OF THE ORDER, FOR PLACING AN         855          

ENDORSEMENT OF REGISTRATION ON THE ORDER, OR FOR GIVING THE        856          

PETITIONER A COPY OF THE ORDER THAT BEARS THE PROOF OF                          

REGISTRATION.                                                      857          

      Sec. 2919.27.  (A)  No person shall recklessly violate the   866          

terms of any of the following:                                     867          

      (1)  A protection order issued or consent agreement          869          

approved pursuant to section 2919.26 or 3113.31 of the Revised     870          

Code;                                                                           

      (2)  An anti-stalking A protection order issued pursuant to  872          

section 2903.213 OR 2903.214 of the Revised Code;                  874          

      (3)  A protection order issued by a court of another state.  876          

      (B)  Whoever violates this section is guilty of violating a  878          

protection order.                                                  879          

      (1)  If the offense involves a violation of division (A)(1)  882          

or (3) of this section, one of the following applies:              884          

      (a)  Except as otherwise provided in division (B)(1)(b) of   887          

this section, violating a protection order is a misdemeanor of     888          

the first degree.                                                               

      (b)  If the offender previously has been convicted of or     891          

pleaded guilty to two or more violations of section 2903.211 or    892          

2911.211 of the Revised Code that involved the same person who is  893          

the subject of the protection order or consent agreement or        894          

previously has been convicted of or pleaded guilty to one or more  896          

violations of this section, violating a protection order is a      898          

                                                          21     

                                                                 
felony of the fifth degree.                                                     

      (2)  If the offense involves a violation of division (A)(2)  900          

of this section, one of the following applies:                     902          

      (a)  Except as otherwise provided in division (B)(2)(b) of   905          

this section, violating a protection order is a misdemeanor of     907          

the first degree.                                                               

      (b)  If the offender previously has been convicted of or     909          

pleaded guilty to two or more violations of this section or of     910          

former section 2919.27 of the Revised Code involving an            911          

anti-stalking A protection order ISSUED PURSUANT TO SECTION        912          

2903.213 OR 2903.214 OF THE REVISED CODE, two or more violations   913          

of section 2903.21, 2903.211, 2903.22, or 2911.211 of the Revised  915          

Code that involved the same person who is the subject of the       917          

anti-stalking protection order, or two or more violations of       918          

section 2903.214 of the Revised Code as it existed prior to July   920          

1, 1996, violating a protection order is a felony of the fifth     921          

degree.                                                                         

      (C)  It is an affirmative defense to a charge under          924          

division (A)(3) of this section that the protection order issued   925          

by a court of another state does not comply with the requirements  926          

specified in 18 U.S.C. 2265(b) for a protection order that must    928          

be accorded full faith and credit by a court of this state or      929          

that it is not entitled to full faith and credit under 18 U.S.C.   931          

2265(c).                                                                        

      (D)  As used in this section, "protection order issued by a  934          

court of another state" means an injunction or another order       935          

issued by a criminal court of another state for the purpose of     936          

preventing violent or threatening acts or harassment against,      937          

contact or communication with, or physical proximity to another    938          

person, including a temporary order, and means an injunction or    939          

order of that nature issued by a civil court of another state,     940          

including a temporary order and a final order issued in an         941          

independent action or as a pendente lite order in a proceeding                  

for other relief, if the court issued it in response to a          943          

                                                          22     

                                                                 
complaint, petition, or motion filed by or on behalf of a person   944          

seeking protection.  "Protection order issued by a court of        945          

another state" does not include an order for support or for        946          

custody of a child.                                                             

      Sec. 2919.271.  (A)(1)  If a defendant is charged with a     955          

violation of section 2919.27 of the Revised Code or of a           956          

municipal ordinance that is substantially similar to that          957          

section, the court may order an evaluation of the mental           958          

condition of the defendant if the court determines that either of  959          

the following criteria apply:                                      960          

      (a)  If the alleged violation is a violation of a            962          

protection order issued or consent agreement approved pursuant to  963          

section 2919.26 or 3113.31 of the Revised Code, that the           964          

violation allegedly involves conduct by the defendant that caused  965          

physical harm to the person or property of a family or household   966          

member covered by the order or agreement, or conduct by the        967          

defendant that caused a family or household member to believe      968          

that the defendant would cause physical harm to that member or     969          

that member's property.                                                         

      (b)  If the alleged violation is a violation of an           971          

anti-stalking A protection order issued pursuant to section        973          

2903.213 OR 2903.214 of the Revised Code or a protection order     975          

issued by a court of another state, that the violation allegedly   977          

involves conduct by the defendant that caused physical harm to                  

the person or property of the person covered by the order, or      978          

conduct by the defendant that caused the person covered by the     979          

order to believe that the defendant would cause physical harm to   980          

that person or that person's property.                                          

      (2)  The evaluation shall be completed no later than thirty  982          

days from the date the order is entered pursuant to division       983          

(A)(1) of this section.  In that order, the court shall do either  984          

of the following:                                                  985          

      (a)  Order that the evaluation of the mental condition of    987          

the defendant be preceded by an examination conducted either by a  988          

                                                          23     

                                                                 
forensic center that is designated by the department of mental     989          

health to conduct examinations and make evaluations of defendants  990          

charged with violations of section 2919.27 of the Revised Code or  991          

of substantially similar municipal ordinances in the area in       992          

which the court is located, or by any other program or facility    993          

that is designated by the department of mental health or the       994          

department of mental retardation and developmental disabilities    995          

to conduct examinations and make evaluations of defendants         996          

charged with violations of section 2919.27 of the Revised Code or  997          

of substantially similar municipal ordinances, and that is         998          

operated by either department or is certified by either            999          

department as being in compliance with the standards established   1,000        

under division (J) of section 5119.01 of the Revised Code or       1,001        

division (C) of section 5123.04 of the Revised Code.               1,002        

      (b)  Designate a center, program, or facility other than     1,004        

one designated by the department of mental health or the           1,005        

department of mental retardation and developmental disabilities,   1,006        

as described in division (A)(2)(a) of this section, to conduct     1,008        

the evaluation and preceding examination of the mental condition   1,009        

of the defendant.                                                               

      Whether the court acts pursuant to division (A)(2)(a) or     1,011        

(b) of this section, the court may designate examiners other than  1,012        

the personnel of the center, program, facility, or department      1,013        

involved to make the evaluation and preceding examination of the   1,014        

mental condition of the defendant.                                 1,015        

      (B)  If the court considers that additional evaluations of   1,017        

the mental condition of a defendant are necessary following the    1,018        

evaluation authorized by division (A) of this section, the court   1,019        

may order up to two additional similar evaluations.  These         1,020        

evaluations shall be completed no later than thirty days from the  1,021        

date the applicable court order is entered.  If more than one      1,022        

evaluation of the mental condition of the defendant is ordered     1,023        

under this division, the prosecutor and the defendant may          1,024        

recommend to the court an examiner whom each prefers to perform    1,025        

                                                          24     

                                                                 
one of the evaluations and preceding examinations.                 1,026        

      (C)(1)  The court may order a defendant who has been         1,028        

released on bail to submit to an examination under division (A)    1,029        

or (B) of this section.  The examination shall be conducted        1,030        

either at the detention facility in which the defendant would      1,031        

have been confined if the defendant had not been released on       1,032        

bail, or, if so specified by the center, program, facility, or     1,033        

examiners involved, at the premises of the center, program, or     1,034        

facility.  Additionally, the examination shall be conducted at     1,035        

the times established by the examiners involved.  If such a        1,036        

defendant refuses to submit to an examination or a complete        1,037        

examination as required by the court or the center, program,       1,038        

facility, or examiners involved, the court may amend the           1,039        

conditions of the bail of the defendant and order the sheriff to   1,040        

take the defendant into custody and deliver the defendant to the   1,041        

detention facility in which the defendant would have been          1,042        

confined if the defendant had not been released on bail, or, if    1,044        

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

involved, to the premises of the center, program, or facility,     1,045        

for purposes of the examination.                                   1,046        

      (2)  A defendant who has not been released on bail shall be  1,048        

examined at the detention facility in which the defendant is       1,049        

confined or, if so specified by the center, program, facility, or  1,051        

examiners involved, at the premises of the center, program, or     1,052        

facility.                                                                       

      (D)  The examiner of the mental condition of a defendant     1,054        

under division (A) or (B) of this section shall file a written     1,055        

report with the court within thirty days after the entry of an     1,056        

order for the evaluation of the mental condition of the            1,057        

defendant.  The report shall contain the findings of the           1,058        

examiner; the facts in reasonable detail on which the findings     1,059        

are based; the opinion of the examiner as to the mental condition  1,060        

of the defendant; the opinion of the examiner as to whether the    1,061        

defendant represents a substantial risk of physical harm to other  1,062        

                                                          25     

                                                                 
persons as manifested by evidence of recent homicidal or other     1,063        

violent behavior, evidence of recent threats that placed other     1,064        

persons in reasonable fear of violent behavior and serious         1,065        

physical harm, or evidence of present dangerousness; and the       1,066        

opinion of the examiner as to the types of treatment or            1,067        

counseling that the defendant needs.  The court shall provide      1,068        

copies of the report to the prosecutor and defense counsel.        1,069        

      (E)  The costs of any evaluation and preceding examination   1,071        

of a defendant that is ordered pursuant to division (A) or (B) of  1,072        

this section shall be taxed as court costs in the criminal case.   1,073        

      (F)  If the examiner considers it necessary in order to      1,075        

make an accurate evaluation of the mental condition of a           1,076        

defendant, an examiner under division (A) or (B) of this section   1,077        

may request any family or household member of the defendant to     1,078        

provide the examiner with information.  A family or household      1,079        

member may, but is not required to, provide information to the     1,080        

examiner upon receipt of the request.                              1,081        

      (G)  As used in this section:                                1,083        

      (1)  "Bail" includes a recognizance.                         1,085        

      (2)  "Examiner" means a psychiatrist, a licensed             1,087        

independent social worker who is employed by a forensic center     1,089        

that is certified as being in compliance with the standards        1,090        

established under division (J) of section 5119.01 or division (C)  1,091        

of section 5123.04 of the Revised Code, a licensed professional    1,092        

clinical counselor who is employed at a forensic center that is    1,093        

certified as being in compliance with such standards, or a         1,094        

licensed clinical psychologist, except that in order to be an      1,095        

examiner, a licensed clinical psychologist shall meet the          1,096        

criteria of division (I)(1) of section 5122.01 of the Revised      1,097        

Code or be employed to conduct examinations by the department of   1,098        

mental health or by a forensic center certified as being in        1,099        

compliance with the standards established under division (J) of    1,100        

section 5119.01 or division (C) of section 5123.04 of the Revised  1,101        

Code that is designated by the department of mental health.        1,102        

                                                          26     

                                                                 
      (3)  "Family or household member" has the same meaning as    1,104        

in section 2919.25 of the Revised Code.                            1,105        

      (4)  "Prosecutor" has the same meaning as in section         1,107        

2935.01 of the Revised Code.                                       1,108        

      (5)  "Psychiatrist" and "licensed clinical psychologist"     1,111        

have the same meanings as in section 5122.01 of the Revised Code.  1,112        

      (6)  "Protection order issued by a court of another state"   1,114        

has the same meaning as in section 2919.27 of the Revised Code.    1,115        

      Sec. 2937.23.  (A)  In a case involving a felony, the judge  1,125        

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

a misdemeanor or a violation of a municipal ordinance and not      1,126        

involving a felony, the judge, magistrate, or clerk of the court   1,127        

may fix the amount of bail and may do so in accordance with a      1,128        

schedule previously fixed by the judge or magistrate, or, in a     1,130        

case when the judge, magistrate, or clerk of the court is not      1,131        

readily available, the sheriff, deputy sheriff, marshal, deputy    1,132        

marshal, police officer, or jailer having custody of the person    1,133        

charged may fix the amount of bail in accordance with a schedule   1,135        

previously fixed by the judge or magistrate and shall take the     1,136        

bail only in the county courthouse, the municipal or township      1,137        

building, or the county or municipal jail.  In all cases, the      1,138        

bail shall be fixed with consideration of the seriousness of the   1,139        

offense charged, the previous criminal record of the defendant,    1,140        

and the probability of the defendant appearing at the trial of     1,141        

the case.                                                                       

      (B)  In any case involving an alleged violation of section   1,143        

2919.27 of the Revised Code or of a municipal ordinance that is    1,144        

substantially similar to that section and in which the court       1,145        

finds that either of the following criteria applies, the court     1,146        

shall determine whether it will order an evaluation of the mental  1,147        

condition of the defendant pursuant to section 2919.271 of the     1,148        

Revised Code and, if it decides to so order, shall issue the       1,149        

order requiring that evaluation before it sets bail for the        1,150        

person charged with the violation:                                              

                                                          27     

                                                                 
      (1)  Regarding an alleged violation of a temporary           1,152        

protection order ISSUED or consent agreement APPROVED PURSUANT TO  1,153        

SECTION 2919.26 OR 3113.31 OF THE REVISED CODE, that the           1,154        

violation allegedly involves conduct by the defendant that caused  1,157        

physical harm to the person or property of a family or household   1,158        

member covered by the order or agreement or conduct by that        1,159        

defendant that caused a family or household member to believe      1,160        

that the defendant would cause physical harm to that member or     1,161        

that member's property;                                            1,162        

      (2)  Regarding an alleged violation of an anti-stalking A    1,164        

protection order ISSUED PURSUANT TO SECTION 2903.213 OR 2903.214   1,165        

OF THE REVISED CODE, or a protection order issued by a court of    1,167        

another state, as defined in section 2919.27 of the Revised Code,  1,168        

that the violation allegedly involves conduct by the defendant     1,170        

that caused physical harm to the person or property of the person  1,171        

covered by the order or conduct by that defendant that caused the  1,172        

person covered by the order to believe that the defendant would    1,173        

cause physical harm to that person or that person's property.      1,174        

      Section 2.  That existing sections 737.11, 1901.18,          1,176        

1901.19, 1907.18, 2903.213, 2919.27, 2919.271, and 2937.23 of the  1,178        

Revised Code are hereby repealed.