As Reported by the Senate Judiciary Committee            1            

122nd General Assembly                                             4            

   Regular Session                               Sub. S. B. No. 1  5            

      1997-1998                                                    6            


     SENATORS KEARNS-DIX-OELSLAGER-B. JOHNSON-McLIN-SHEERER-       8            

         SWEENEY-WHITE-LATTA-HOWARD-BLESSING-J. JOHNSON            9            


                                                                   11           

                           A   B I L L                                          

             To amend sections 737.11, 1901.18, 1901.19, 1905.01,  13           

                1907.18, 2919.25, 2919.26, 2919.27, 2919.271,      16           

                2935.03, 2935.032, 2937.23, 3113.31, and 3113.33                

                and to enact section 2919.272 of the Revised Code  18           

                relative to the issuance and enforcement of                     

                domestic violence temporary protection orders,     19           

                domestic violence civil protection orders and      20           

                consent agreements, anti-stalking protection                    

                orders, and protection orders of those types       22           

                issued by courts of another state, the removal                  

                from mayor's courts of jurisdiction over domestic  23           

                violence and similar cases and over the issuance   25           

                of domestic violence temporary protection orders,               

                and the conformance of mayor's court OMVI          26           

                jurisdiction with changes in OMVI law made by Am.  27           

                Sub. S.B. 166 of the 121st General Assembly.       28           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        30           

      Section 1.  That sections 737.11, 1901.18, 1901.19,          32           

1905.01, 1907.18, 2919.25, 2919.26, 2919.27, 2919.271, 2935.03,    33           

2935.032, 2937.23, 3113.31, and 3113.33 be amended and section     36           

2919.272 of the Revised Code be enacted to read as follows:        37           

      Sec. 737.11.  The police force of a municipal corporation    46           

shall preserve the peace, protect persons and property, and obey   47           

and enforce all ordinances of the legislative authority of the     48           

municipal corporation, all criminal laws of the state and the      49           

                                                          2      

                                                                 
United States, all court orders issued and consent agreements      50           

approved pursuant to sections 2919.26 and 3113.31 of the Revised   51           

Code, and all anti-stalking protection orders issued pursuant to   52           

section 2903.213 of the Revised Code, AND PROTECTION ORDERS        53           

ISSUED BY COURTS OF ANOTHER STATE, AS DEFINED IN SECTION 2919.27   54           

OF THE REVISED CODE.  The fire department shall protect the lives  56           

and property of the people in case of fire. Both the police and    57           

fire departments shall perform any other duties that are provided  58           

by ordinance.  The police and fire departments in every city       59           

shall be maintained under the civil service system.                60           

      A chief or officer of a police force of a municipal          62           

corporation may participate, as the director of an organized       63           

crime task force established under section 177.02 of the Revised   64           

Code or as a member of the investigatory staff of such a task      65           

force, in an investigation of organized criminal activity in any   66           

county or counties in this state under sections 177.01 to 177.03   67           

of the Revised Code.                                               68           

      Sec. 1901.18.  (A)  Except as otherwise provided in this     77           

division or section 1901.181 of the Revised Code, subject to the   78           

monetary jurisdiction of municipal courts as set forth in section  79           

1901.17 of the Revised Code, a municipal court has original        80           

jurisdiction within its territory in all of the following actions  81           

or proceedings and to perform all of the following functions:      82           

      (1)  In any civil action, of whatever nature or remedy, of   84           

which judges of county courts have jurisdiction;                   85           

      (2)  In any action or proceeding at law for the recovery of  87           

money or personal property of which the court of common pleas has  88           

jurisdiction;                                                      89           

      (3)  In any action at law based on contract, to determine,   91           

preserve, and enforce all legal and equitable rights involved in   92           

the contract, to decree an accounting, reformation, or             93           

cancellation of the contract, and to hear and determine all legal  94           

and equitable remedies necessary or proper for a complete          95           

determination of the rights of the parties to the contract;        96           

                                                          3      

                                                                 
      (4)  In any action or proceeding for the sale of personal    98           

property under chattel mortgage, lien, encumbrance, or other       99           

charge, for the foreclosure and marshalling of liens on personal   101          

property of that nature, and for the rendering of personal                      

judgment in the action or proceeding;                              103          

      (5)  In any action or proceeding to enforce the collection   105          

of its own judgments or the judgments rendered by any court        106          

within the territory to which the municipal court has succeeded,   107          

and to subject the interest of a judgment debtor in personal       108          

property to satisfy judgments enforceable by the municipal court;  109          

      (6)  In any action or proceeding in the nature of            111          

interpleader;                                                      112          

      (7)  In any action of replevin;                              114          

      (8)  In any action of forcible entry and detainer;           116          

      (9)  In any action concerning the issuance and enforcement   118          

of temporary protection orders pursuant to section 2919.26 of the  119          

Revised Code or anti-stalking protection orders pursuant to        120          

section 2903.213 of the Revised Code OR THE ENFORCEMENT OF         121          

PROTECTION ORDERS ISSUED BY COURTS OF ANOTHER STATE, AS DEFINED    122          

IN SECTION 2919.27 OF THE REVISED CODE;                                         

      (10)  If the municipal court has a housing or environmental  124          

division, in any action over which the division is given           125          

jurisdiction by section 1901.181 of the Revised Code, provided     126          

that, except as specified in division (B) of that section, no      127          

judge of the court other than the judge of the division shall      128          

hear or determine any action over which the division has           129          

jurisdiction;                                                      130          

      (11)  In any action brought pursuant to division (I) of      132          

section 3733.11 of the Revised Code, if the residential premises   133          

that are the subject of the action are located within the          134          

territorial jurisdiction of the court;                             135          

      (12)  In any civil action as described in division (B)(1)    137          

of section 3767.41 of the Revised Code that relates to a public    138          

nuisance, and, to the extent any provision of this chapter         139          

                                                          4      

                                                                 
conflicts or is inconsistent with a provision of that section,     140          

the provision of that section shall control in the civil action.   141          

      (B)  The Cleveland municipal court also shall have           144          

jurisdiction within its territory in all of the following actions  145          

or proceedings and to perform all of the following functions:      146          

      (1)  In all actions and proceedings for the sale of real     148          

property under lien of a judgment of the municipal court or a      149          

lien for machinery, material, or fuel furnished or labor           150          

performed, irrespective of amount, and, in those actions and       152          

proceedings, the court may proceed to foreclose and marshal all    154          

liens and all vested or contingent rights, to appoint a receiver,  155          

and to render personal judgment irrespective of amount in favor    156          

of any party.                                                                   

      (2)  In all actions for the foreclosure of a mortgage on     158          

real property given to secure the payment of money or the          159          

enforcement of a specific lien for money or other encumbrance or   160          

charge on real property, when the amount claimed by the plaintiff  161          

does not exceed fifteen thousand dollars and the real property is  163          

situated within the territory, and, in those actions, the court    164          

may proceed to foreclose all liens and all vested and contingent   165          

rights and may proceed to render judgments and make findings and   168          

orders between the parties in the same manner and to the same      169          

extent as in similar actions in the court of common pleas.         171          

      (3)  In all actions for the recovery of real property        173          

situated within the territory to the same extent as courts of      174          

common pleas have jurisdiction;                                    175          

      (4)  In all actions for injunction to prevent or terminate   177          

violations of the ordinances and regulations of the city of        178          

Cleveland enacted or promulgated under the police power of the     179          

city of Cleveland, pursuant to Section 3 of Article XVIII, Ohio    180          

Constitution, over which the court of common pleas has or may      181          

have jurisdiction, and, in those actions, the court may proceed    183          

to render judgments and make findings and orders in the same       186          

manner and to the same extent as in similar actions in the court   187          

                                                          5      

                                                                 
of common pleas.                                                                

      Sec. 1901.19.  (A)  Subject to the monetary jurisdiction of  196          

municipal courts as set forth in section 1901.17 of the Revised    197          

Code and the subject matter jurisdiction of municipal courts as    198          

set forth in section 1901.18 of the Revised Code, a municipal      199          

court and a housing or environmental division of a municipal       200          

court have jurisdiction within its territory to perform all of     201          

the following functions:                                                        

      (1)  To compel attendance of witnesses in any pending        203          

action or proceeding in the same manner as the court of common     204          

pleas;                                                             205          

      (2)  To issue executions on its own judgments;               207          

      (3)  In any legal or equitable action or proceeding, to      209          

enforce the collection of its own judgments;                       210          

      (4)  To issue and enforce any order of attachment;           212          

      (5)  In any action or proceeding in the nature of            214          

creditors' bills, and in aid of execution, to subject the          215          

interest of a judgment debtor in personal property to the payment  216          

of a judgment of the court;                                        217          

      (6)  To issue and enforce temporary protection orders        219          

pursuant to section 2919.26 of the Revised Code and anti-stalking  220          

protection orders pursuant to section 2903.213 of the Revised      221          

Code AND TO ENFORCE PROTECTION ORDERS ISSUED BY COURTS OF ANOTHER  222          

STATE, AS DEFINED IN SECTION 2919.27 OF THE REVISED CODE.          223          

      (B)  Subject to the limitation set forth in this division,   225          

a municipal court or a housing or environmental division of a      226          

municipal court has jurisdiction outside its territory in a        227          

proceeding in aid of execution to subject to the payment of the    228          

judgment the interest in personal property of a judgment debtor    229          

under a judgment rendered by the court or division.  The           230          

jurisdiction provided in this division includes the county or      231          

counties in which the territory of the court or division in        232          

question is situated and any county that is contiguous to that in  233          

which the court or division is located.  A court or division that  234          

                                                          6      

                                                                 
has jurisdiction under this division outside its territory in a    235          

proceeding in aid of execution has the same powers, duties, and    236          

functions relative to the proceeding that it has relative to       237          

proceedings in aid of execution over which it has jurisdiction     238          

other than under this division.                                    239          

      (C)(1)  In any action for garnishment of personal earnings   241          

brought in a municipal court, the court has jurisdiction to serve  242          

process pursuant to section 2716.05 of the Revised Code upon a     243          

garnishee who resides in a county contiguous to that in which the  244          

court is located.                                                  245          

      (2)  In any action for garnishment of property, other than   247          

personal earnings, brought in a municipal court under section      248          

2716.11 of the Revised Code, the court has jurisdiction to serve   249          

process pursuant to section 2716.13 of the Revised Code upon a     250          

garnishee who resides in a county contiguous to that in which the  251          

court is located.                                                  252          

      (3)  Whenever a motion for attachment is filed in a          254          

municipal court under section 2715.03 of the Revised Code, the     255          

court has jurisdiction to serve process pursuant to section        256          

2715.091 of the Revised Code upon a garnishee who resides in a     257          

county contiguous to that in which the court is located.           258          

      (D)  The municipal court of Cleveland also has jurisdiction  260          

in all actions and proceedings in the nature of creditors' bills,  261          

and in aid of execution to subject the interests of a judgment     262          

debtor in real or personal property to the payment of a judgment   263          

of the court.  In such actions and proceedings, the court may      264          

proceed to marshal and foreclose all liens on the property         265          

irrespective of the amount of the lien, and all vested or          266          

contingent rights in the property.                                 267          

      Sec. 1905.01.  (A)  In all municipal corporations not being  276          

the site of a municipal court nor a place where a judge of the     277          

Auglaize county, Crawford county, Jackson county, Miami county,    278          

Portage county, or Wayne county municipal court sits as required   279          

pursuant to section 1901.021 of the Revised Code or by             280          

                                                          7      

                                                                 
designation of the judges pursuant to section 1901.021 of the      281          

Revised Code, the mayor of the municipal corporation has           282          

jurisdiction, except as provided in divisions (B) and, (C), AND    284          

(E) of this section and subject to the limitation contained in     285          

section 1905.03 and the limitation contained in section 1905.031   286          

of the Revised Code, to hear and determine any prosecution for     287          

the violation of an ordinance of the municipal corporation, to     288          

hear and determine any case involving a violation of a vehicle     289          

parking or standing ordinance of the municipal corporation unless  290          

the violation is required to be handled by a parking violations    291          

bureau or joint parking violations bureau pursuant to Chapter      292          

4521. of the Revised Code, and to hear and determine all criminal  293          

causes involving any moving traffic violation occurring on a       294          

state highway located within the boundaries of the municipal       295          

corporation, subject to the limitations of sections 2937.08 and    296          

2938.04 of the Revised Code.                                       297          

      (B)(1)  In all municipal corporations not being the site of  299          

a municipal court nor a place where a judge of a court listed in   300          

division (A) of this section sits as required pursuant to section  301          

1901.021 of the Revised Code or by designation of the judges       302          

pursuant to section 1901.021 of the Revised Code, the mayor of     303          

the municipal corporation has jurisdiction, subject to the         304          

limitation contained in section 1905.03 of the Revised Code, to    305          

hear and determine prosecutions involving a violation of an        306          

ordinance of the municipal corporation relating to operating a     307          

vehicle while under the influence of alcohol, a drug of abuse, or  308          

alcohol and a drug of abuse or relating to operating a vehicle     309          

with a prohibited concentration of alcohol in the blood, breath,   310          

or urine, and to hear and determine criminal causes involving a    311          

violation of section 4511.19 of the Revised Code that occur on a   312          

state highway located within the boundaries of the municipal       313          

corporation, subject to the limitations of sections 2937.08 and    314          

2938.04 of the Revised Code, only if the person charged with the   315          

violation, within five SIX years of the date of the violation      316          

                                                          8      

                                                                 
charged, has not been convicted of or pleaded guilty to any of     317          

the following:                                                     318          

      (a)  A violation of an ordinance of any municipal            320          

corporation relating to operating a vehicle while under the        321          

influence of alcohol, a drug of abuse, or alcohol and a drug of    322          

abuse or relating to operating a vehicle with a prohibited         323          

concentration of alcohol in the blood, breath, or urine;           324          

      (b)  A violation of section 4511.19 of the Revised Code;     326          

      (c)  A violation of any ordinance of any municipal           328          

corporation or of any section of the Revised Code that regulates   329          

the operation of vehicles, streetcars, and trackless trolleys      330          

upon the highways or streets, in relation to which all of the      331          

following apply:                                                   332          

      (i)  The person, in the case in which the conviction was     334          

obtained or the plea of guilty was entered, had been charged with  335          

a violation of an ordinance of any municipal corporation relating  336          

to operating a vehicle while under the influence of alcohol, a     337          

drug of abuse, or alcohol and a drug of abuse or relating to       338          

operating a vehicle with a prohibited concentration of alcohol in  339          

the blood, breath, or urine, or with a violation of section        340          

4511.19 of the Revised Code;                                       341          

      (ii)  The charge of the violation described in division      343          

(B)(1)(c)(i) of this section was dismissed or reduced;             344          

      (iii)  The violation of which the person was convicted or    346          

to which the person pleaded guilty arose out of the same facts     348          

and circumstances and the same act as did the charge that was                   

dismissed or reduced.                                              349          

      (d)  A violation of a statute of any other state or a        351          

municipal ordinance of a municipal corporation located in any      352          

other state that is substantially similar to section 4511.19 of    353          

the Revised Code.                                                               

      (2)  The mayor of a municipal corporation does not have      355          

jurisdiction to hear and determine any prosecution or criminal     356          

cause involving a violation described in division (B)(1)(a) or     357          

                                                          9      

                                                                 
(b) of this section, regardless of where the violation occurred,   358          

if the person charged with the violation, within five SIX years    359          

of the violation charged, has been convicted of or pleaded guilty  361          

to any violation listed in division (B)(1)(a), (b), (c), or (d)    363          

of this section.                                                                

      If the mayor of a municipal corporation, in hearing a        365          

prosecution involving a violation of an ordinance of the           366          

municipal corporation the mayor serves relating to operating a     368          

vehicle while under the influence of alcohol, a drug of abuse, or               

alcohol and a drug of abuse or relating to operating a vehicle     369          

with a prohibited concentration of alcohol in the blood, breath,   370          

or urine, or in hearing a criminal cause involving a violation of  371          

section 4511.19 of the Revised Code, determines that the person    372          

charged, within five SIX years of the violation charged, has been  374          

convicted of or pleaded guilty to any violation listed in          375          

division (B)(1)(a), (b), (c), or (d) of this section, the mayor    377          

immediately shall transfer the case to the county court or         378          

municipal court with jurisdiction over the violation charged, in   379          

accordance with section 1905.032 of the Revised Code.              380          

      (C)(1)  In all municipal corporations not being the site of  382          

a municipal court and not being a place where a judge of a court   383          

listed in division (A) of this section sits as required pursuant   384          

to section 1901.021 of the Revised Code or by designation of the   385          

judges pursuant to section 1901.021 of the Revised Code, the       386          

mayor of the municipal corporation, subject to sections 1901.031,  387          

2937.08, and 2938.04 of the Revised Code, has jurisdiction to      388          

hear and determine prosecutions involving a violation of a         389          

municipal ordinance that is substantially equivalent to division   390          

(B)(1) or (D)(2) of section 4507.02 of the Revised Code and to     391          

hear and determine criminal causes that involve a moving traffic   392          

violation, that involve a violation of division (B)(1) or (D)(2)   393          

of section 4507.02 of the Revised Code, and that occur on a state  394          

highway located within the boundaries of the municipal             395          

corporation only if all of the following apply regarding the       396          

                                                          10     

                                                                 
violation and the person charged:                                  397          

      (a)  Regarding a violation of division (B)(1) of section     399          

4507.02 of the Revised Code or a violation of a municipal          400          

ordinance that is substantially equivalent to that division, the   401          

person charged with the violation, within five years of the date   402          

of the violation charged, has not been convicted of or pleaded     403          

guilty to any of the following:                                    404          

      (i)  A violation of division (B)(1) of section 4507.02 of    406          

the Revised Code;                                                  407          

      (ii)  A violation of a municipal ordinance that is           409          

substantially equivalent to division (B)(1) of section 4507.02 of  410          

the Revised Code;                                                  411          

      (iii)  A violation of any municipal ordinance or section of  413          

the Revised Code that regulates the operation of vehicles,         414          

streetcars, and trackless trolleys upon the highways or streets,   415          

in a case in which, after a charge against the person of a         416          

violation of a type described in division (C)(1)(a)(i) or (ii) of  417          

this section was dismissed or reduced, the person is convicted of  418          

or pleads guilty to a violation that arose out of the same facts   419          

and circumstances and the same act as did the charge that was      420          

dismissed or reduced.                                              421          

      (b)  Regarding a violation of division (D)(2) of section     423          

4507.02 of the Revised Code or a violation of a municipal          424          

ordinance that is substantially equivalent to that division, the   425          

person charged with the violation, within five years of the date   426          

of the violation charged, has not been convicted of or pleaded     427          

guilty to any of the following:                                    428          

      (i)  A violation of division (D)(2) of section 4507.02 of    430          

the Revised Code;                                                  431          

      (ii)  A violation of a municipal ordinance that is           433          

substantially equivalent to division (D)(2) of section 4507.02 of  434          

the Revised Code;                                                  435          

      (iii)  A violation of any municipal ordinance or section of  437          

the Revised Code that regulates the operation of vehicles,         438          

                                                          11     

                                                                 
streetcars, and trackless trolleys upon the highways or streets    439          

in a case in which, after a charge against the person of a         440          

violation of a type described in division (C)(1)(b)(i) or (ii) of  441          

this section was dismissed or reduced, the person is convicted of  442          

or pleads guilty to a violation that arose out of the same facts   443          

and circumstances and the same act as did the charge that was      444          

dismissed or reduced.                                              445          

      (2)  The mayor of a municipal corporation does not have      447          

jurisdiction to hear and determine any prosecution or criminal     448          

cause involving a violation described in division (C)(1)(a)(i) or  449          

(ii) of this section if the person charged with the violation,     450          

within five years of the violation charged, has been convicted of  451          

or pleaded guilty to any violation listed in division              452          

(C)(1)(a)(i), (ii), or (iii) of this section and does not have     453          

jurisdiction to hear and determine any prosecution or criminal     454          

cause involving a violation described in division (C)(1)(b)(i) or  455          

(ii) of this section if the person charged with the violation,     456          

within five years of the violation charged, has been convicted of  457          

or pleaded guilty to any violation listed in division              458          

(C)(1)(b)(i), (ii), or (iii) of this section.                      459          

      (3)  If the mayor of a municipal corporation, in hearing a   461          

prosecution involving a violation of an ordinance of the           462          

municipal corporation the mayor serves that is substantially       463          

equivalent to division (B)(1) or (D)(2) of section 4507.02 of the  465          

Revised Code or a violation of division (B)(1) or (D)(2) of        466          

section 4507.02 of the Revised Code, determines that, under        467          

division (C)(2) of this section, mayors do not have jurisdiction   468          

of the prosecution, the mayor immediately shall transfer the case  469          

to the county court or municipal court with jurisdiction over the  470          

violation in accordance with section 1905.032 of the Revised       471          

Code.                                                                           

      (D)  If the mayor of a municipal corporation has             473          

jurisdiction pursuant to division (B)(1) of this section to hear   474          

and determine a prosecution or criminal cause involving a          475          

                                                          12     

                                                                 
violation described in division (B)(1)(a) or (b) of this section,  476          

the authority of the mayor to hear or determine the prosecution    477          

or cause is subject to the limitation contained in division (C)    478          

of section 1905.03 of the Revised Code.  If the mayor of a         479          

municipal corporation has jurisdiction pursuant to division (A)    480          

or (C) of this section to hear and determine a prosecution or      481          

criminal cause involving a violation other than a violation        482          

described in division (B)(1)(a) or (b) of this section, the        483          

authority of the mayor to hear or determine the prosecution or     484          

cause is subject to the limitation contained in division (C) of    486          

section 1905.031 of the Revised Code.                                           

      (E)(1)  THE MAYOR OF A MUNICIPAL CORPORATION DOES NOT HAVE   488          

JURISDICTION TO HEAR AND DETERMINE ANY PROSECUTION OR CRIMINAL     489          

CAUSE INVOLVING ANY OF THE FOLLOWING:                              490          

      (a)  A VIOLATION OF SECTION 2919.25 OR 2919.27 OF THE        492          

REVISED CODE;                                                                   

      (b)  A VIOLATION OF SECTION 2903.11, 2903.12, 2903.13,       494          

2903.211, OR 2911.211 OF THE REVISED CODE THAT INVOLVES A PERSON   495          

WHO WAS A FAMILY OR HOUSEHOLD MEMBER OF THE DEFENDANT AT THE TIME  496          

OF THE VIOLATION;                                                               

      (c)  A VIOLATION OF A MUNICIPAL ORDINANCE THAT IS            498          

SUBSTANTIALLY EQUIVALENT TO AN OFFENSE DESCRIBED IN DIVISION       499          

(E)(1)(a) OR (b) OF THIS SECTION AND THAT INVOLVES A PERSON WHO    500          

WAS A FAMILY OR HOUSEHOLD MEMBER OF THE DEFENDANT AT THE TIME OF   501          

THE VIOLATION.                                                                  

      (2)  THE MAYOR OF A MUNICIPAL CORPORATION DOES NOT HAVE      503          

JURISDICTION TO HEAR AND DETERMINE A MOTION FILED PURSUANT TO      504          

SECTION 2919.26 OF THE REVISED CODE OR FILED PURSUANT TO A         505          

MUNICIPAL ORDINANCE THAT IS SUBSTANTIALLY EQUIVALENT TO THAT       506          

SECTION OR TO ISSUE A PROTECTION ORDER PURSUANT TO THAT SECTION    507          

OR A SUBSTANTIALLY EQUIVALENT MUNICIPAL ORDINANCE.                 508          

      (3)  AS USED IN THIS SECTION, "FAMILY OR HOUSEHOLD MEMBER"   510          

HAS THE SAME MEANING AS IN SECTION 2919.25 OF THE REVISED CODE.    511          

      (F)  In keeping a docket and files, the mayor, and a         513          

                                                          13     

                                                                 
mayor's court magistrate appointed under section 1905.05 of the    514          

Revised Code, shall be governed by the laws pertaining to county   515          

courts.                                                            516          

      Sec. 1907.18.  (A)  County court judges, within and          525          

coextensive with their respective counties, have jurisdiction and  526          

authority to:                                                      527          

      (1)  Administer an oath authorized or required by law to be  529          

administered;                                                      530          

      (2)  Take acknowledgments of instruments of writing;         532          

      (3)  Issue subpoenas to compel the attendance of witnesses   534          

to give evidence in causes or matters pending before the judges,   535          

or for the purpose of taking depositions or perpetuating           536          

testimony;                                                         537          

      (4)  Proceed against sheriffs, deputy sheriffs, and          539          

constables failing to make return, making false return, or         540          

failing to pay over money collected on execution issued by the     541          

judges;                                                            542          

      (5)  Try actions against other county court judges for       544          

refusing or neglecting to pay over moneys collected in their       545          

official capacity when the amount claimed does not exceed five     546          

hundred dollars.  This division does not deny or impair any        547          

remedy provided by law in such a case by suit on the official      548          

bond of such a county court judge, or by amercement or otherwise,  549          

for neglect or failure to pay over money so collected.             550          

      (6)  Hear actions concerning the issuance and enforcement    552          

of, issue, and enforce temporary protection orders pursuant to     553          

section 2919.26 of the Revised Code and anti-stalking protection   554          

orders pursuant to section 2903.213 of the Revised Code;           555          

      (7)  HEAR ACTIONS CONCERNING THE ENFORCEMENT OF PROTECTION   557          

ORDERS ISSUED BY COURTS OF ANOTHER STATE, AS DEFINED IN SECTION    558          

2919.27 OF THE REVISED CODE, AND TO ENFORCE THOSE PROTECTION       559          

ORDERS.                                                                         

      (B)  County court judges may punish contempts, and exercise  561          

powers necessary to give effect to the jurisdiction of the court   562          

                                                          14     

                                                                 
and to enforce its judgments, orders, and decrees, as provided in  563          

this chapter or, in the absence of a provision in this chapter,    564          

in a manner authorized by the Revised Code or common law for the   565          

judges of the courts of common pleas.                              566          

      (C)  County court judges have jurisdiction and authority to  568          

perform marriage ceremonies anywhere in the state.                 569          

      Sec. 2919.25.  (A)  No person shall knowingly cause or       578          

attempt to cause physical harm to a family or household member.    579          

      (B)  No person shall recklessly cause serious physical harm  581          

to a family or household member.                                   582          

      (C)  No person, by threat of force, shall knowingly cause a  584          

family or household member to believe that the offender will       585          

cause imminent physical harm to the family or household member.    586          

      (D)  Whoever violates this section is guilty of domestic     588          

violence.  A violation of division (C) of this section is a        589          

misdemeanor of the fourth degree.  A violation of division (A) or  590          

(B) of this section is a misdemeanor of the first degree.  If the  591          

offender previously has been convicted of domestic violence or a   592          

violation of section 2903.11, 2903.12, 2903.13, 2903.211, or       593          

2911.211 of the Revised Code involving a person who was a family   594          

or household member at the time of the violation, a violation of   595          

division (A) or (B) of this section is a felony of the fifth       597          

degree and a violation of division (C) of this section is a                     

misdemeanor of the third degree.                                   598          

      (E)  As used in this section and sections 2919.251 and       600          

2919.26 of the Revised Code:                                       601          

      (1)  "Family or household member" means any of the           603          

following:                                                         604          

      (a)  Any of the following who is residing or has resided     606          

with the offender:                                                              

      (i)  A spouse, a person living as a spouse, or a former      608          

spouse of the offender;                                            609          

      (ii)  A parent or a child of the offender, or another        611          

person related by consanguinity or affinity to the offender;       612          

                                                          15     

                                                                 
      (iii)  A parent or a child of a spouse, person living as a   614          

spouse, or former spouse of the offender, or another person        615          

related by consanguinity or affinity to a spouse, person living    616          

as a spouse, or former spouse of the offender.                     617          

      (b)  The natural parent of any child of whom the offender    619          

is, OR IS ALLEGED TO BE, the other natural parent.                 622          

      (2)  "Person living as a spouse" means a person who is       624          

living or has lived with the offender in a common law marital      625          

relationship, who otherwise is cohabiting with the offender, or    626          

who otherwise has cohabited with the offender within one year      627          

FIVE YEARS prior to the date of the alleged commission of the act  629          

in question.                                                                    

      Sec. 2919.26.  (A)(1)  Upon the filing of a complaint that   638          

alleges a violation of section 2919.25 of the Revised Code, a      639          

violation of a municipal ordinance substantially similar to that   640          

section, a violation of section 2903.11, 2903.12, 2903.13,         641          

2903.211, or 2911.211 of the Revised Code that involves a person   642          

who was a family or household member at the time of the            643          

violation, or a violation of a municipal ordinance that is         644          

substantially similar to section 2903.13, 2903.211, or 2911.211    645          

of the Revised Code that involves a person who was a family or     646          

household member at the time of the violation, the complainant                  

may file, or, if in an emergency the complainant is unable to      647          

file, a person who made an arrest for the alleged violation under  648          

section 2935.03 of the Revised Code may file on behalf of the      649          

complainant, a motion that requests the issuance of a temporary    650          

protection order as a pretrial condition of release of the         651          

alleged offender, in addition to any bail set under Criminal Rule  652          

46.  The motion shall be filed with the clerk of the court that    653          

has jurisdiction of the case at any time after the filing of the   654          

complaint.                                                         655          

      (2)  For purposes of section 2930.09 of the Revised Code,    657          

all stages of a proceeding arising out of a violation specified    658          

in division (A)(1) of this section, including all proceedings on   659          

                                                          16     

                                                                 
a motion for a temporary protection order, are critical stages of  660          

the case, and a complainant may be accompanied by a victim         661          

advocate or another person to provide support to the victim as                  

provided in that section.                                          662          

      (B)  The motion shall be prepared on a form that is          664          

provided by the clerk of the court, which form shall be            665          

substantially as follows:                                          666          

             "MOTION FOR TEMPORARY PROTECTION ORDER                667          

                .......................... Court                   668          

                    Name and address of court                      669          

State of Ohio                                                      671          

      v.                                                           673          

                                                No. .............               

.................                                                  675          

Name of Defendant                                                  677          

(name of person), the complainant in the above-captioned case,     679          

moves the court to issue a temporary protection order containing   680          

terms designed to ensure the safety and protection of the          681          

complainant and other family or household members, in relation to  682          

the named defendant, pursuant to its authority to issue such an    683          

order under section 2919.26 of the Revised Code.                   684          

      A complaint, a copy of which has been attached to this       686          

motion, has been filed in this court charging the named defendant  687          

with at least one of the following violations of section 2919.25   688          

of the Revised Code that constitutes "domestic violence" or a      689          

municipal ordinance that is substantially similar to that          690          

section:  knowingly causing or attempting to cause physical harm   691          

to a family or household member; recklessly causing serious        692          

physical harm to a family or household member; or, by threat of    693          

force, knowingly causing a family or household member to believe   694          

that he THE NAMED DEFENDANT would cause imminent physical harm to  695          

that family or household member; charging the named defendant      696          

with felonious assault, aggravated assault, or assault that        697          

involved a family or household member in violation of section      698          

                                                          17     

                                                                 
2903.11, 2903.12, or 2903.13 of the Revised Code; charging the     700          

named defendant with menacing by stalking or aggravated trespass   701          

that involves a family or household member in violation of                      

section 2903.211 or 2911.211 of the Revised Code; or charging the  702          

named defendant with a violation of a municipal ordinance that is  703          

substantially similar to section 2903.13, 2903.211, or 2911.211    704          

of the Revised Code that involves a family or household member.    705          

      I understand that I must appear before the court, at a time  707          

set by the court within twenty-four hours after the filing of      708          

this motion, for a hearing on the motion or that, if I am unable   709          

to appear because of hospitalization or a medical condition        710          

resulting from the offense alleged in the complaint, a person who  711          

can provide information about my need for a temporary protection   712          

order must appear before the court in lieu of my appearing in      713          

court.  I understand that any temporary protection order granted   714          

pursuant to this motion is a pretrial condition of release and is  715          

effective only until the disposition of the criminal proceeding    716          

arising out of the attached complaint, or the issuance of a civil  717          

protection order or the approval of a consent agreement, arising   718          

out of the same activities as those that were the basis of the     719          

complaint, under section 3113.31 of the Revised Code.              720          

..........................................                         722          

Signature of complainant                                           724          

(or signature of the arresting officer who filed the motion on     726          

behalf of the complainant)                                         727          

..........................................                         729          

Address of complainant (or office address of the arresting         731          

officer who filed the motion on behalf of the complainant)"        732          

      (C)(1)  As soon as possible after the filing of a motion     734          

that requests the issuance of a temporary protection order, but    735          

not later than twenty-four hours after the filing of the motion,   736          

the court shall conduct a hearing to determine whether to issue    737          

the order.  The person who requested the order shall appear        738          

before the court and provide the court with the information that   739          

                                                          18     

                                                                 
it requests concerning the basis of the motion.  If the person     740          

who requested the order is unable to appear and if the court       741          

finds that the failure to appear is because of the person's        743          

hospitalization or medical condition resulting from the offense    744          

alleged in the complaint, another person who is able to provide                 

the court with the information it requests may appear in lieu of   745          

the person who requested the order.  If the court finds that the   746          

safety and protection of the complainant or ANY other family or    749          

household member of the alleged offender may be impaired by the    750          

continued presence of the alleged offender, the court may issue a  751          

temporary protection order, as a pretrial condition of release,    752          

that contains terms designed to ensure the safety and protection   753          

of the complainant or THE family or household member, including a  754          

requirement that the alleged offender refrain from entering the    755          

residence, school, business, or place of employment of the         756          

complainant or THE family or household member.                                  

      (2)(a)  IF THE COURT ISSUES A TEMPORARY PROTECTION ORDER     758          

THAT INCLUDES A REQUIREMENT THAT THE ALLEGED OFFENDER REFRAIN      759          

FROM ENTERING THE RESIDENCE, SCHOOL, BUSINESS, OR PLACE OF         760          

EMPLOYMENT OF THE COMPLAINANT OR THE FAMILY OR HOUSEHOLD MEMBER,   761          

THE ORDER SHALL STATE CLEARLY THAT THE ORDER CANNOT BE WAIVED OR   762          

NULLIFIED BY AN INVITATION TO THE ALLEGED OFFENDER FROM THE        763          

COMPLAINANT OR FAMILY OR HOUSEHOLD MEMBER TO ENTER THE RESIDENCE,  765          

SCHOOL, BUSINESS, OR PLACE OF EMPLOYMENT OR BY THE ALLEGED         766          

OFFENDER'S ENTRY INTO ONE OF THOSE PLACES OTHERWISE UPON THE       767          

CONSENT OF THE COMPLAINANT OR FAMILY OR HOUSEHOLD MEMBER.                       

      (b)  DIVISION (C)(2)(a) OF THIS SECTION DOES NOT LIMIT ANY   770          

DISCRETION OF A COURT TO DETERMINE THAT AN ALLEGED OFFENDER        771          

CHARGED WITH A VIOLATION OF SECTION 2919.27 OF THE REVISED CODE,   772          

WITH A VIOLATION OF A MUNICIPAL ORDINANCE SUBSTANTIALLY            773          

EQUIVALENT TO THAT SECTION, OR WITH CONTEMPT OF COURT, WHICH       774          

CHARGE IS BASED ON AN ALLEGED VIOLATION OF A TEMPORARY PROTECTION  775          

ORDER ISSUED UNDER THIS SECTION, DID NOT COMMIT THE VIOLATION OR   776          

WAS NOT IN CONTEMPT OF COURT.                                      777          

                                                          19     

                                                                 
      (D)(1)  Upon the filing of a complaint that alleges a        779          

violation of section 2919.25 of the Revised Code, a violation of   780          

a municipal ordinance that is substantially similar to that        781          

section, a violation of section 2903.11, 2903.12, 2903.13,         782          

2903.211, or 2911.211 of the Revised Code that involves a person   783          

who was a family or household member at the time of the            784          

violation, or a violation of a municipal ordinance that is         785          

substantially similar to section 2903.13, 2903.211, or 2911.211                 

of the Revised Code that involves a person who was a family or     786          

household member at the time of the violation, the court, upon     787          

its own motion, may issue a temporary protection order as a        788          

pretrial condition of release if it finds that the safety and      789          

protection of the complainant or other family or household member  790          

of the alleged offender may be impaired by the continued presence  791          

of the alleged offender.                                           792          

      (2)  If the court issues a temporary protection order under  794          

this section as an ex parte order, it shall conduct, as soon as    795          

possible after the issuance of the order, a hearing in the         796          

presence of the alleged offender not later than the next day on    797          

which the court is scheduled to conduct business after the day on  798          

which the alleged offender was arrested or at the time of the      799          

appearance of the alleged offender pursuant to summons to          800          

determine whether the order should remain in effect, be modified,               

or be revoked.  The hearing shall be conducted under the           801          

standards set forth in division (C) of this section.               802          

      (3)  An order issued under this division shall contain only  804          

those terms authorized in orders issued under division (C) of      805          

this section.                                                      806          

      (E)  A temporary protection order that is issued as a        808          

pretrial condition of release under this section:                  809          

      (1)  Is in addition to, but shall not be construed as a      811          

part of, any bail set under Criminal Rule 46;                      812          

      (2)  Is effective only until the disposition of the          814          

criminal proceeding arising out of the complaint upon which it is  815          

                                                          20     

                                                                 
based, or the issuance of a protection order or the approval of a  816          

consent agreement, arising out of the same activities as those     817          

that were the basis of the complaint, under section 3113.31 of     818          

the Revised Code;                                                  819          

      (3)  Shall not be construed as a finding that the alleged    821          

offender committed the alleged offense, and shall not be           822          

introduced as evidence of the commission of the offense at the     823          

trial of the alleged offender on the complaint upon which the      824          

order is based.                                                    825          

      (F)  A person who meets the criteria for bail under          827          

Criminal Rule 46 and who, if required to do so pursuant to that    828          

rule, executes or posts bond or deposits cash or securities as     829          

bail, shall not be held in custody pending a hearing before the    830          

court on a motion requesting a temporary protection order.         831          

      (G)(1)  A copy of any temporary protection order that is     833          

issued under this section shall be issued by the court to the      834          

complainant, to the defendant, and to all law enforcement          835          

agencies that have jurisdiction to enforce the order.  The court   836          

shall direct that a copy of the order be delivered to the          837          

defendant on the same day that the order is entered.               838          

      (2)  All law enforcement agencies shall establish and        840          

maintain an index for the temporary protection orders delivered    841          

to the agencies pursuant to division (G)(1) of this section. With  843          

respect to each order delivered, each agency shall note on the     844          

index, the date and time of the receipt of the order by the                     

agency.                                                            845          

      (3)  A complainant who obtains a temporary protection order  848          

under this section may provide notice of the issuance of the       849          

temporary protection order to the judicial and law enforcement     850          

officials in any county other than the county in which the order   851          

is issued by registering that order in the other county in         852          

accordance with division (N) of section 3113.31 of the Revised     853          

Code and filing a copy of the registered protection order with a   854          

law enforcement agency in the other county in accordance with      855          

                                                          21     

                                                                 
that division.                                                                  

      (4)  Any officer of a law enforcement agency shall enforce   857          

a temporary protection order issued by any court in this state in  858          

accordance with the provisions of the order, including removing    860          

the defendant from the premises, regardless of whether the order   861          

is registered in the county in which the officer's agency has      862          

jurisdiction as authorized by division (G)(3) of this section.                  

      (H)  Upon a violation of a temporary protection order, the   864          

court may issue another temporary protection order, as a pretrial  865          

condition of release, that modifies the terms of the order that    866          

was violated.                                                      867          

      (I)(1)  As used in divisions (I)(1) and (2) of this          870          

section, "defendant" means a person who is alleged in a complaint  871          

to have committed a violation of the type described in division    872          

(A) of this section.                                                            

      (2)  If a complaint is filed that alleges that a person      874          

committed a violation of the type described in division (A) of     876          

this section, the court may not issue a temporary protection       877          

order under this section that requires the complainant or another  878          

family or household member of the defendant to do or refrain from  879          

doing an act that the court may require the defendant to do or     880          

refrain from doing under a temporary protection order unless both  881          

of the following apply:                                                         

      (a)  The defendant has filed a separate complaint that       884          

alleges that the complainant or other family or household member   885          

in question who would be required under the order to do or         886          

refrain from doing the act committed a violation of the type       887          

described in division (A) of this section.                                      

      (b)  The court determines that both the complainant or       890          

other family or household member in question who would be          891          

required under the order to do or refrain from doing the act and   892          

the defendant acted primarily as aggressors, that neither the      893          

complainant or other family or household member in question who    894          

would be required under the order to do or refrain from doing the  895          

                                                          22     

                                                                 
act nor the defendant acted primarily in self-defense, and, in     896          

accordance with the standards and criteria of this section as                   

applied in relation to the separate complaint filed by the         897          

defendant, that it should issue the order to require the           898          

complainant or other family or household member in question to do  899          

or refrain from doing the act.                                     900          

      (J)  Notwithstanding any provision of law to the contrary,   903          

no court shall charge a fee for the filing of a motion pursuant    904          

to this section.                                                                

      (K)  As used in this section, "victim advocate" means a      907          

person who provides support and assistance for a victim of an      908          

offense during court proceedings.                                               

      Sec. 2919.27.  (A)  No person shall recklessly violate any   918          

THE terms of a ANY OF THE FOLLOWING:                               919          

      (1)  A protection order issued or consent agreement          921          

approved pursuant to section 2919.26 or 3113.31 of the Revised     922          

Code or the terms of an;                                           923          

      (2)  AN anti-stalking protection order issued pursuant to    925          

section 2903.213 of the Revised Code;                              926          

      (3)  A PROTECTION ORDER ISSUED BY A COURT OF ANOTHER STATE.  928          

      (B)  Whoever violates this section is guilty of violating a  930          

protection order or consent agreement or anti-stalking protection  932          

order.                                                                          

      (1)  If the offense involves a violation of a protection     935          

order or consent agreement DIVISION (A)(1) OR (3) OF THIS          936          

SECTION, one of the following applies:                             937          

      (a)  Except as otherwise provided in division (B)(1)(b) of   940          

this section, violating a protection order or consent agreement    941          

or anti-stalking protection order is a misdemeanor of the first    942          

degree.                                                                         

      (b)  If the offender previously has been convicted of or     945          

pleaded guilty to two or more violations of section 2903.211 or    946          

2911.211 of the Revised Code that involve INVOLVED the same                     

person who is the subject of the protection order or consent       948          

                                                          23     

                                                                 
agreement or previously has been convicted of or pleaded guilty    950          

to one or more violations of this section, violating a protection  951          

order or consent agreement or anti-stalking protection order is a  952          

felony of the fifth degree.                                                     

      (2)  If the offense involves a violation of an               954          

anti-stalking protection order DIVISION (A)(2) OF THIS SECTION,    955          

one of the following applies:                                      956          

      (a)  Except as otherwise provided in division (B)(2)(b) of   959          

this section, violating a protection order or consent agreement    960          

or anti-stalking protection order is a misdemeanor of the first    961          

degree.                                                                         

      (b)  If the offender previously has been convicted of or     963          

pleaded guilty to two or more violations of this section OR OF     964          

FORMER SECTION 2919.27 OF THE REVISED CODE involving an            965          

anti-stalking protection order, two or more violations of section  966          

2903.21, 2903.211, 2903.22, or 2911.211 of the Revised Code that   967          

involve INVOLVED the same person who is the subject of the         969          

anti-stalking protection order, or two or more violations of       970          

section 2903.214 of the Revised Code as it existed prior to the    971          

effective date of this amendment JULY 1, 1996, violating a         973          

protection order or consent agreement or anti-stalking protection  974          

order is a felony of the fifth degree.                                          

      (C)  IT IS AN AFFIRMATIVE DEFENSE TO A CHARGE UNDER          977          

DIVISION (A)(3) OF THIS SECTION THAT THE PROTECTION ORDER ISSUED   978          

BY A COURT OF ANOTHER STATE DOES NOT COMPLY WITH THE REQUIREMENTS  979          

SPECIFIED IN 18 U.S.C. 2265(b) FOR A PROTECTION ORDER THAT MUST    981          

BE ACCORDED FULL FAITH AND CREDIT BY A COURT OF THIS STATE OR      982          

THAT IT IS NOT ENTITLED TO FULL FAITH AND CREDIT UNDER 18 U.S.C.   984          

2265(c).                                                                        

      (D)  AS USED IN THIS SECTION, "PROTECTION ORDER ISSUED BY A  987          

COURT OF ANOTHER STATE" MEANS AN INJUNCTION OR ANOTHER ORDER       988          

ISSUED BY A CRIMINAL COURT OF ANOTHER STATE FOR THE PURPOSE OF     989          

PREVENTING VIOLENT OR THREATENING ACTS OR HARASSMENT AGAINST,      990          

CONTACT OR COMMUNICATION WITH, OR PHYSICAL PROXIMITY TO ANOTHER    991          

                                                          24     

                                                                 
PERSON, INCLUDING A TEMPORARY ORDER, AND MEANS AN INJUNCTION OR    992          

ORDER OF THAT NATURE ISSUED BY A CIVIL COURT OF ANOTHER STATE,     993          

INCLUDING A TEMPORARY ORDER AND A FINAL ORDER ISSUED IN AN         994          

INDEPENDENT ACTION OR AS A PENDENTE LITE ORDER IN A PROCEEDING                  

FOR OTHER RELIEF, IF THE COURT ISSUED IT IN RESPONSE TO A          996          

COMPLAINT, PETITION, OR MOTION FILED BY OR ON BEHALF OF A PERSON   997          

SEEKING PROTECTION. "PROTECTION ORDER ISSUED BY A COURT OF         998          

ANOTHER STATE" DOES NOT INCLUDE AN ORDER FOR SUPPORT OR FOR        999          

CUSTODY OF A CHILD.                                                             

      Sec. 2919.271.  (A)(1)  If a defendant is charged with a     1,008        

violation of section 2919.27 of the Revised Code or of a           1,009        

municipal ordinance that is substantially similar to that          1,010        

section, the court may order an evaluation of the mental           1,011        

condition of the defendant if the court determines that either of  1,012        

the following criteria apply:                                      1,013        

      (a)  If the alleged violation is a violation of a            1,015        

protection order issued or consent agreement approved pursuant to  1,016        

section 2919.26 or 3113.31 of the Revised Code, that the           1,017        

violation of the protection order or consent agreement allegedly   1,018        

involves conduct by the defendant that caused physical harm to     1,019        

the person or property of a family or household member covered by  1,020        

the order or agreement, or conduct by the defendant that caused a  1,021        

family or household member to believe that the defendant would     1,022        

cause physical harm to that member or that member's property.      1,023        

      (b)  If the alleged violation is a violation of an           1,025        

anti-stalking protection order issued pursuant to section          1,026        

2903.213 of the Revised Code OR A PROTECTION ORDER ISSUED BY A     1,027        

COURT OF ANOTHER STATE, that the violation of the anti-stalking    1,028        

protection order allegedly involves conduct by the defendant that  1,029        

caused physical harm to the person or property of the person       1,030        

covered by the order, or conduct by the defendant that caused the  1,031        

person covered by the order to believe that the defendant would    1,032        

cause physical harm to that person or that person's property.                   

      (2)  The evaluation shall be completed no later than thirty  1,034        

                                                          25     

                                                                 
days from the date the order is entered pursuant to division       1,035        

(A)(1) of this section.  In that order, the court shall do either  1,036        

of the following:                                                  1,037        

      (a)  Order that the evaluation of the mental condition of    1,039        

the defendant be preceded by an examination conducted either by a  1,040        

forensic center that is designated by the department of mental     1,041        

health to conduct examinations and make evaluations of defendants  1,042        

charged with violations of section 2919.27 of the Revised Code or  1,043        

of substantially similar municipal ordinances in the area in       1,044        

which the court is located, or by any other program or facility    1,045        

that is designated by the department of mental health or the       1,046        

department of mental retardation and developmental disabilities    1,047        

to conduct examinations and make evaluations of defendants         1,048        

charged with violations of section 2919.27 of the Revised Code or  1,049        

of substantially similar municipal ordinances, and that is         1,050        

operated by either department or is certified by either            1,051        

department as being in compliance with the standards established   1,052        

under division (J) of section 5119.01 of the Revised Code or       1,053        

division (C) of section 5123.04 of the Revised Code.               1,054        

      (b)  Designate a center, program, or facility other than     1,056        

one designated by the department of mental health or the           1,057        

department of mental retardation and developmental disabilities,   1,058        

as described in division (A)(2)(a) of this section, to conduct     1,060        

the evaluation and preceding examination of the mental condition   1,061        

of the defendant.                                                               

      Whether the court acts pursuant to division (A)(2)(a) or     1,063        

(b) of this section, the court may designate examiners other than  1,064        

the personnel of the center, program, facility, or department      1,065        

involved to make the evaluation and preceding examination of the   1,066        

mental condition of the defendant.                                 1,067        

      (B)  If the court considers that additional evaluations of   1,069        

the mental condition of a defendant are necessary following the    1,070        

evaluation authorized by division (A) of this section, the court   1,071        

may order up to two additional similar evaluations.  These         1,072        

                                                          26     

                                                                 
evaluations shall be completed no later than thirty days from the  1,073        

date the applicable court order is entered.  If more than one      1,074        

evaluation of the mental condition of the defendant is ordered     1,075        

under this division, the prosecutor and the defendant may          1,076        

recommend to the court an examiner whom each prefers to perform    1,077        

one of the evaluations and preceding examinations.                 1,078        

      (C)(1)  The court may order a defendant who has been         1,080        

released on bail to submit to an examination under division (A)    1,081        

or (B) of this section.  The examination shall be conducted        1,082        

either at the detention facility in which the defendant would      1,083        

have been confined if the defendant had not been released on       1,084        

bail, or, if so specified by the center, program, facility, or     1,085        

examiners involved, at the premises of the center, program, or     1,086        

facility.  Additionally, the examination shall be conducted at     1,087        

the times established by the examiners involved.  If such a        1,088        

defendant refuses to submit to an examination or a complete        1,089        

examination as required by the court or the center, program,       1,090        

facility, or examiners involved, the court may amend the           1,091        

conditions of the bail of the defendant and order the sheriff to   1,092        

take the defendant into custody and deliver the defendant to the   1,093        

detention facility in which the defendant would have been          1,094        

confined if the defendant had not been released on bail, or, if    1,096        

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

involved, to the premises of the center, program, or facility,     1,097        

for purposes of the examination.                                   1,098        

      (2)  A defendant who has not been released on bail shall be  1,100        

examined at the detention facility in which the defendant is       1,101        

confined or, if so specified by the center, program, facility, or  1,103        

examiners involved, at the premises of the center, program, or     1,104        

facility.                                                                       

      (D)  The examiner of the mental condition of a defendant     1,106        

under division (A) or (B) of this section shall file a written     1,107        

report with the court within thirty days after the entry of an     1,108        

order for the evaluation of the mental condition of the            1,109        

                                                          27     

                                                                 
defendant.  The report shall contain the findings of the           1,110        

examiner; the facts in reasonable detail on which the findings     1,111        

are based; the opinion of the examiner as to the mental condition  1,112        

of the defendant; the opinion of the examiner as to whether the    1,113        

defendant represents a substantial risk of physical harm to other  1,114        

persons as manifested by evidence of recent homicidal or other     1,115        

violent behavior, evidence of recent threats that placed other     1,116        

persons in reasonable fear of violent behavior and serious         1,117        

physical harm, or evidence of present dangerousness; and the       1,118        

opinion of the examiner as to the types of treatment or            1,119        

counseling that the defendant needs.  The court shall provide      1,120        

copies of the report to the prosecutor and defense counsel.        1,121        

      (E)  The costs of any evaluation and preceding examination   1,123        

of a defendant that is ordered pursuant to division (A) or (B) of  1,124        

this section shall be taxed as court costs in the criminal case.   1,125        

      (F)  If the examiner considers it necessary in order to      1,127        

make an accurate evaluation of the mental condition of a           1,128        

defendant, an examiner under division (A) or (B) of this section   1,129        

may request any family or household member of the defendant to     1,130        

provide the examiner with information.  A family or household      1,131        

member may, but is not required to, provide information to the     1,132        

examiner upon receipt of the request.                              1,133        

      (G)  As used in this section:                                1,135        

      (1)  "Bail" includes a recognizance.                         1,137        

      (2)  "Examiner" means a psychiatrist, a licensed             1,139        

independent social worker who is employed by a forensic center     1,141        

that is certified as being in compliance with the standards        1,142        

established under division (J) of section 5119.01 or division (C)  1,143        

of section 5123.04 of the Revised Code, a licensed professional    1,144        

clinical counselor who is employed at a forensic center that is    1,145        

certified as being in compliance with such standards, or a         1,146        

licensed clinical psychologist, except that in order to be an      1,147        

examiner, a licensed clinical psychologist shall meet the          1,148        

criteria of division (I)(1) of section 5122.01 of the Revised      1,149        

                                                          28     

                                                                 
Code or be employed to conduct examinations by the department of   1,150        

mental health or by a forensic center certified as being in        1,151        

compliance with the standards established under division (J) of    1,152        

section 5119.01 or division (C) of section 5123.04 of the Revised  1,153        

Code that is designated by the department of mental health.        1,154        

      (3)  "Family or household member" has the same meaning as    1,156        

in section 2919.25 of the Revised Code.                            1,157        

      (4)  "Prosecutor" has the same meaning as in section         1,159        

2935.01 of the Revised Code.                                       1,160        

      (5)  "Psychiatrist" and "licensed clinical psychologist"     1,163        

have the same meanings as in section 5122.01 of the Revised Code.  1,164        

      (6)  "PROTECTION ORDER ISSUED BY A COURT OF ANOTHER STATE"   1,166        

HAS THE SAME MEANING AS IN SECTION 2919.27 OF THE REVISED CODE.    1,167        

      Sec. 2919.272.  (A)  AS USED IN THIS SECTION, "PROTECTION    1,169        

ORDER ISSUED BY A COURT OF ANOTHER STATE" HAS THE SAME MEANING AS  1,170        

IN SECTION 2919.27 OF THE REVISED CODE.                            1,171        

      (B)  A PERSON WHO HAS OBTAINED A PROTECTION ORDER ISSUED BY  1,173        

A COURT OF ANOTHER STATE MAY PROVIDE NOTICE OF THE ISSUANCE OF     1,174        

THE ORDER TO JUDICIAL AND LAW ENFORCEMENT OFFICIALS IN ANY COUNTY  1,175        

OF THIS STATE BY REGISTERING THE ORDER IN THAT COUNTY AND FILING   1,176        

A COPY OF THE REGISTERED ORDER WITH A LAW ENFORCEMENT AGENCY IN    1,177        

THAT COUNTY.  TO REGISTER THE ORDER, THE PERSON SHALL OBTAIN A     1,178        

CERTIFIED COPY OF THE ORDER FROM THE CLERK OF THE COURT THAT       1,179        

ISSUED THE ORDER AND PRESENT THAT CERTIFIED COPY TO THE CLERK OF   1,180        

THE COURT OF COMMON PLEAS OR THE CLERK OF A MUNICIPAL COURT OR     1,181        

COUNTY COURT IN THE COUNTY IN WHICH THE ORDER IS TO BE             1,182        

REGISTERED.  UPON ACCEPTING THE CERTIFIED COPY OF THE ORDER FOR    1,183        

REGISTRATION, THE CLERK SHALL PLACE AN ENDORSEMENT OF              1,184        

REGISTRATION ON THE ORDER AND GIVE THE PERSON A COPY OF THE ORDER  1,185        

THAT BEARS PROOF OF REGISTRATION.  THE PERSON THEN MAY FILE WITH   1,186        

A LAW ENFORCEMENT AGENCY IN THAT COUNTY A COPY OF THE ORDER THAT   1,187        

BEARS PROOF OF REGISTRATION.                                       1,188        

      (C)  THE CLERK OF EACH COURT OF COMMON PLEAS AND THE CLERK   1,191        

OF EACH MUNICIPAL COURT AND COUNTY COURT SHALL MAINTAIN A          1,192        

                                                          29     

                                                                 
REGISTRY OF CERTIFIED COPIES OF PROTECTION ORDERS ISSUED BY        1,193        

COURTS OF ANOTHER STATE THAT HAVE BEEN REGISTERED WITH THE CLERK.  1,194        

EACH LAW ENFORCEMENT AGENCY SHALL ESTABLISH AND MAINTAIN A         1,195        

REGISTRY FOR PROTECTION ORDERS DELIVERED TO THE AGENCY PURSUANT    1,196        

TO THIS SECTION.  THE AGENCY SHALL NOTE IN THE REGISTRY THE DATE   1,197        

AND TIME THAT THE AGENCY RECEIVED AN ORDER.                        1,198        

      (D)  AN OFFICER OF A LAW ENFORCEMENT AGENCY SHALL ENFORCE A  1,201        

PROTECTION ORDER ISSUED BY A COURT OF ANOTHER STATE IN ACCORDANCE  1,202        

WITH THE PROVISIONS OF THE ORDER, INCLUDING REMOVING THE PERSON    1,203        

ALLEGEDLY VIOLATING THE ORDER FROM THE PREMISES, REGARDLESS OF     1,205        

WHETHER THE ORDER IS REGISTERED AS AUTHORIZED BY DIVISION (B) OF   1,206        

THIS SECTION IN THE COUNTY IN WHICH THE OFFICER'S AGENCY HAS       1,207        

JURISDICTION.                                                                   

      Sec. 2935.03.  (A)  A sheriff, deputy sheriff, marshal,      1,216        

deputy marshal, municipal police officer, township constable,      1,217        

police officer of a township or joint township police district,    1,218        

member of a police force employed by a metropolitan housing        1,219        

authority under division (D) of section 3735.31 of the Revised     1,220        

Code, member of a police force employed by a regional transit      1,221        

authority under division (Y) of section 306.35 of the Revised      1,222        

Code, state university law enforcement officer appointed under     1,224        

section 3345.04 of the Revised Code, or Ohio veterans' home                     

police officer appointed under section 5907.02 of the Revised      1,225        

Code shall arrest and detain, until a warrant can be obtained, a   1,226        

person found violating, within the limits of the political         1,227        

subdivision, metropolitan housing authority housing project,       1,228        

regional transit authority facilities or areas of a municipal      1,229        

corporation that have been agreed to by a regional transit         1,230        

authority and a municipal corporation located within its           1,231        

territorial jurisdiction, college, university, or Ohio veterans'   1,233        

home in which the peace officer is appointed, employed, or         1,234        

elected, a law of this state, an ordinance of a municipal          1,235        

corporation, or a resolution of a township.                        1,236        

      (B)(1)  When there is reasonable ground to believe that an   1,238        

                                                          30     

                                                                 
offense of violence, the offense of criminal child enticement as   1,239        

defined in section 2905.05 of the Revised Code, the offense of     1,240        

public indecency as defined in section 2907.09 of the Revised      1,241        

Code, the offense of domestic violence as defined in section       1,242        

2919.25 of the Revised Code, the offense of violating a            1,243        

protection order or consent agreement as defined in section        1,244        

2919.27 of the Revised Code, the offense of menacing by stalking   1,245        

as defined in section 2903.211 of the Revised Code, the offense    1,246        

of aggravated trespass as defined in section 2911.211 of the       1,247        

Revised Code, a theft offense as defined in section 2913.01 of     1,248        

the Revised Code, or a felony drug abuse offense as defined in     1,249        

section 2925.01 of the Revised Code, has been committed within     1,250        

the limits of the political subdivision, metropolitan housing      1,251        

authority housing project, regional transit authority facilities   1,254        

or those areas of a municipal corporation that have been agreed    1,256        

to by a regional transit authority and a municipal corporation                  

located within its territorial jurisdiction, college, university,  1,257        

or Ohio veterans' home in which the peace officer is appointed,    1,258        

employed, or elected, a peace officer described in division        1,259        

(A)(1) of this section may arrest and detain until a warrant can   1,261        

be obtained any person whom the peace officer has reasonable       1,262        

cause to believe is guilty of the violation.                                    

      (2)  For purposes of division (B)(1) of this section, the    1,264        

execution of any of the following constitutes reasonable ground    1,265        

to believe that the offense alleged in the statement was           1,266        

committed and reasonable cause to believe that the person alleged  1,267        

in the statement to have committed the offense is guilty of the    1,268        

violation:                                                         1,269        

      (a)  A written statement by a person alleging that an        1,271        

alleged offender has committed the offense of menacing by          1,272        

stalking or aggravated trespass;                                   1,273        

      (b)  A written statement by the administrator of the         1,275        

interstate compact on mental health appointed under section        1,276        

5119.51 of the Revised Code alleging that a person who had been    1,277        

                                                          31     

                                                                 
hospitalized, institutionalized, or confined in any facility       1,278        

under an order made pursuant to or under authority of section      1,279        

2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or         1,281        

2945.402 of the Revised Code has escaped from the facility, from   1,282        

confinement in a vehicle for transportation to or from the         1,283        

facility, or from supervision by an employee of the facility that  1,284        

is incidental to hospitalization, institutionalization, or         1,285        

confinement in the facility and that occurs outside of the         1,286        

facility, in violation of section 2921.34 of the Revised Code;     1,287        

      (c)  A written statement by the administrator of any         1,290        

facility in which a person has been hospitalized,                  1,291        

institutionalized, or confined under an order made pursuant to or  1,292        

under authority of section 2945.37, 2945.371, 2945.38, 2945.39,    1,293        

2945.40, 2945.401, or 2945.402 of the Revised Code alleging that   1,294        

the person has escaped from the facility, from confinement in a    1,295        

vehicle for transportation to or from the facility, or from        1,296        

supervision by an employee of the facility that is incidental to   1,297        

hospitalization, institutionalization, or confinement in the       1,298        

facility and that occurs outside of the facility, in violation of  1,299        

section 2921.34 of the Revised Code.                               1,300        

      (3)(a)  For purposes of division (B)(1) of this section, a   1,303        

peace officer described in that division has reasonable grounds    1,304        

to believe that the offense of domestic violence or the offense    1,305        

of violating a protection order or consent agreement has been      1,306        

committed and reasonable cause to believe that a particular        1,307        

person is guilty of committing the offense if any of the           1,308        

following occurs:                                                               

      (i)  A person executes a written statement alleging that     1,311        

the person in question has committed the offense of domestic       1,312        

violence or the offense of violating a protection order or         1,313        

consent agreement against the person who executes the statement    1,314        

or against a child of the person who executes the statement.       1,315        

      (ii)  No written statement of the type described in          1,318        

division (B)(3)(a)(i) of this section is executed, but the peace   1,319        

                                                          32     

                                                                 
officer, based upon the peace officer's own knowledge and          1,320        

observation of the facts and circumstances of the alleged          1,321        

incident of the offense of domestic violence or the alleged        1,322        

incident of the offense of violating a protection order or         1,323        

consent agreement or based upon any other information, including,  1,324        

but not limited to, any reasonably trustworthy information given   1,325        

to the peace officer by the alleged victim of the alleged          1,326        

incident of the offense or any witness of the alleged incident of  1,327        

the offense, concludes that there are reasonable grounds to                     

believe that the offense of domestic violence or the offense of    1,328        

violating a protection order or consent agreement has been         1,329        

committed and reasonable cause to believe that the person in       1,330        

question is guilty of committing the offense.                      1,331        

      (iii)  No written statement of the type described in         1,334        

division (B)(3)(a)(i) of this section is executed, but the peace   1,335        

officer witnessed the person in question commit the offense of     1,336        

domestic violence or the offense of violating a protection order   1,337        

or consent agreement.                                                           

      (b)  If pursuant to division (B)(3)(a) of this section a     1,340        

peace officer has reasonable grounds to believe that the offense   1,341        

of domestic violence or the offense of violating a protection      1,342        

order or consent agreement has been committed and reasonable       1,343        

cause to believe that a particular person is guilty of committing  1,344        

the offense, it is the preferred course of action in this state    1,345        

that the officer arrest and detain that person pursuant to         1,346        

division (B)(1) of this section until a warrant can be obtained.   1,347        

      If pursuant to division (B)(3)(a) of this section a peace    1,350        

officer has reasonable grounds to believe that the offense of      1,351        

domestic violence or the offense of violating a protection order   1,352        

or consent agreement has been committed and reasonable cause to    1,353        

believe that family or household members have committed the        1,354        

offense against each other, it is the preferred course of action   1,355        

in this state that the officer, pursuant to division (B)(1) of     1,356        

this section, arrest and detain until a warrant can be obtained    1,357        

                                                          33     

                                                                 
the family or household member who committed the offense and whom  1,358        

the officer has reasonable cause to believe is the primary         1,359        

physical aggressor.  There is no preferred course of action in     1,360        

this state regarding any other family or household member who      1,361        

committed the offense and whom the officer does not have           1,362        

reasonable cause to believe is the primary physical aggressor,     1,363        

but, pursuant to division (B)(1) of this section, the peace        1,364        

officer may arrest and detain until a warrant can be obtained any  1,365        

other family or household member who committed the offense and     1,366        

whom the officer does not have reasonable cause to believe is the  1,367        

primary physical aggressor.                                        1,368        

      (c)  If a peace officer described in division (B)(1) of      1,371        

this section does not arrest and detain a person whom the officer  1,372        

has reasonable cause to believe committed the offense of domestic  1,373        

violence or the offense of violating a protection order or         1,374        

consent agreement when it is the preferred course of action in     1,375        

this state pursuant to division (B)(3)(b) of this section that     1,376        

the officer arrest that person, the officer shall articulate in    1,377        

the written report of the incident required by section 2935.032    1,378        

of the Revised Code a clear statement of the officer's reasons     1,379        

for not arresting and detaining that person until a warrant can    1,380        

be obtained.                                                                    

      (d)  In determining for purposes of division (B)(3)(b) of    1,383        

this section which family or household member is the primary       1,384        

physical aggressor in a situation in which family or household     1,385        

members have committed the offense of domestic violence or the     1,386        

offense of violating a protection order or consent agreement       1,387        

against each other, a peace officer described in division (B)(1)   1,388        

of this section, in addition to any other relevant circumstances,  1,389        

should consider all of the following:                              1,390        

      (i)  Any history of domestic violence or of any other        1,393        

violent acts by either person involved in the alleged offense      1,394        

that the officer reasonably can ascertain;                                      

      (ii)  Whether IF VIOLENCE IS ALLEGED, WHETHER the alleged    1,396        

                                                          34     

                                                                 
violence was caused by a person acting in self-defense;            1,398        

      (iii)  Each person's fear of physical harm, if any,          1,401        

resulting from the other person's threatened use of force against  1,402        

any person or resulting from the other person's use or history of  1,403        

the use of force against any person, and the reasonableness of     1,404        

that fear;                                                                      

      (iv)  The comparative severity of any injuries suffered by   1,407        

the persons involved in the alleged offense.                                    

      (e)(i)  A peace officer described in division (B)(1) of      1,410        

this section shall not require, as a prerequisite to arresting or  1,411        

charging a person who has committed the offense of domestic        1,412        

violence or the offense of violating a protection order or         1,413        

consent agreement, that the victim of the offense specifically     1,414        

consent to the filing of charges against the person who has        1,415        

committed the offense or sign a complaint against the person who   1,416        

has committed the offense.                                                      

      (ii)  If a person is arrested for or charged with            1,419        

committing the offense of domestic violence or the offense of      1,420        

violating a protection order or consent agreement and if the                    

victim of the offense does not cooperate with the involved law     1,421        

enforcement or prosecuting authorities in the prosecution of the   1,422        

offense or, subsequent to the arrest or the filing of the          1,423        

charges, informs the involved law enforcement or prosecuting       1,424        

authorities that the victim does not wish the prosecution of the   1,425        

offense to continue or wishes to drop charges against the alleged  1,426        

offender relative to the offense, the involved prosecuting         1,427        

authorities, in determining whether to continue with the           1,428        

prosecution of the offense or whether to dismiss charges against   1,429        

the alleged offender relative to the offense and notwithstanding   1,430        

the victim's failure to cooperate or the victim's wishes, shall    1,431        

consider all facts and circumstances that are relevant to the      1,432        

offense, including, but not limited to, the statements and         1,433        

observations of the peace officers who responded to the incident   1,434        

that resulted in the arrest or filing of the charges and of all    1,435        

                                                          35     

                                                                 
witnesses to that incident.                                        1,436        

      (f)  In determining pursuant to divisions (B)(3)(a) to (g)   1,438        

of this section whether to arrest a person pursuant to division    1,439        

(B)(1) of this section, a peace officer described in division      1,440        

(B)(1) of this section shall not consider as a factor any          1,441        

possible shortage of cell space at the detention facility to       1,442        

which the person will be taken subsequent to the person's arrest   1,444        

or any possibility that the person's arrest might cause,                        

contribute to, or exacerbate overcrowding at that detention        1,445        

facility or at any other detention facility.                       1,446        

      (g)  If a peace officer described in division (B)(1) of      1,448        

this section intends pursuant to divisions (B)(3)(a) to (g) of     1,450        

this section to arrest a person pursuant to division (B)(1) of     1,451        

this section and if the officer is unable to do so because the     1,453        

person is not present, the officer promptly shall seek a warrant   1,454        

for the arrest of the person.                                                   

      (h)  If a peace officer described in division (B)(1) of      1,457        

this section responds to a report of an alleged incident of the    1,458        

offense of domestic violence or an alleged incident of the         1,459        

offense of violating a protection order or consent agreement and   1,460        

if the circumstances of the incident involved the use or           1,461        

threatened use of a deadly weapon or any person involved in the    1,462        

incident brandished a deadly weapon during or in relation to the   1,463        

incident, the deadly weapon that was used, threatened to be used,  1,464        

or brandished constitutes contraband, and, to the extent           1,465        

possible, the officer shall seize the deadly weapon as contraband  1,466        

pursuant to section 2933.43 of the Revised Code.  Upon the         1,467        

seizure of a deadly weapon pursuant to this division, section      1,468        

2933.43 of the Revised Code shall apply regarding the treatment    1,469        

and disposition of the deadly weapon.  For purposes of that        1,470        

section, the "underlying criminal offense" that was the basis of   1,471        

the seizure of a deadly weapon under this division and to which    1,472        

the deadly weapon had a relationship is any of the following that  1,473        

is applicable:                                                     1,474        

                                                          36     

                                                                 
      (i)  The alleged incident of the offense of domestic         1,477        

violence or the alleged incident of the offense of violating a     1,478        

protection order or consent agreement to which the officer who     1,479        

seized the deadly weapon responded;                                             

      (ii)  Any offense that arose out of the same facts and       1,482        

circumstances as the report of the alleged incident of the         1,483        

offense of domestic violence or the alleged incident of the                     

offense of violating a protection order or consent agreement to    1,484        

which the officer who seized the deadly weapon responded.          1,485        

      (4)  If, in the circumstances described in divisions         1,487        

(B)(3)(a) to (g) of this section, a peace officer described in     1,488        

division (B)(1) of this section arrests and detains a person       1,489        

pursuant to division (B)(1) of this section, or if, pursuant to    1,491        

division (B)(3)(h) of this section, a peace officer described in   1,492        

division (B)(1) of this section seizes a deadly weapon, the        1,493        

officer, to the extent described in and in accordance with         1,494        

section 9.86 or 2744.03 of the Revised Code, is immune in any      1,495        

civil action for damages for injury, death, or loss to person or   1,496        

property that arises from or is related to the arrest and          1,497        

detention or the seizure.                                          1,498        

      (C)  When there is reasonable ground to believe that a       1,500        

violation of division (A), (B), or (C) of section 4506.15 or a     1,501        

violation of section 4511.19 of the Revised Code has been          1,502        

committed by a person operating a motor vehicle subject to         1,503        

regulation by the public utilities commission of Ohio under Title  1,504        

XLIX of the Revised Code, a peace officer with authority to        1,505        

enforce that provision of law may stop or detain the person whom   1,506        

the officer has reasonable cause to believe was operating the      1,507        

motor vehicle in violation of the division or section and, after   1,508        

investigating the circumstances surrounding the operation of the   1,509        

vehicle, may arrest and detain the person.                         1,510        

      (D)  If a sheriff, deputy sheriff, marshal, deputy marshal,  1,512        

municipal police officer, member of a police force employed by a   1,513        

metropolitan housing authority under division (D) of section       1,514        

                                                          37     

                                                                 
3735.31 of the Revised Code, member of a police force employed by  1,515        

a regional transit authority under division (Y) of section 306.35  1,516        

of the Revised Code, constable, police officer of a township or    1,518        

joint township police district, or state university law            1,519        

enforcement officer appointed under section 3345.04 of the                      

Revised Code is authorized by division (A) or (B) of this section  1,520        

to arrest and detain, within the limits of the political           1,521        

subdivision, metropolitan housing authority housing project,       1,522        

regional transit authority facilities or those areas of a          1,523        

municipal corporation that have been agreed to by a regional       1,524        

transit authority and a municipal corporation located within its   1,525        

territorial jurisdiction, college, or university in which the      1,526        

officer is appointed, employed, or elected, a person until a       1,527        

warrant can be obtained, the peace officer may, outside the        1,528        

limits of that territory, pursue, arrest, and detain that person   1,529        

until a warrant can be obtained if all of the following apply:     1,530        

      (1)  The pursuit takes place without unreasonable delay      1,532        

after the offense is committed.                                    1,533        

      (2)  The pursuit is initiated within the limits of the       1,535        

political subdivision, metropolitan housing authority housing      1,536        

project, regional transit authority facilities or those areas of   1,537        

a municipal corporation that have been agreed to by a regional     1,538        

transit authority and a municipal corporation located within its   1,539        

territorial jurisdiction, college, or university in which the      1,540        

peace officer is appointed, employed, or elected.                  1,541        

      (3)  The offense involved is a felony, a misdemeanor of the  1,543        

first degree or a substantially equivalent municipal ordinance, a  1,544        

misdemeanor of the second degree or a substantially equivalent     1,545        

municipal ordinance, or any offense for which points are           1,546        

chargeable pursuant to division (G) of section 4507.021 of the     1,547        

Revised Code.                                                      1,548        

      (E)  In addition to the authority granted under division     1,550        

(A) or (B) of this section:                                        1,551        

      (1)  A sheriff or deputy sheriff may arrest and detain,      1,553        

                                                          38     

                                                                 
until a warrant can be obtained, any person found violating        1,554        

section 4503.11, 4503.21, or 4549.01, sections 4549.08 to          1,555        

4549.12, section 4549.62, or Chapter 4511. or 4513. of the         1,556        

Revised Code on the portion of any street or highway that is       1,557        

located immediately adjacent to the boundaries of the county in    1,558        

which the sheriff or deputy sheriff is elected or appointed.       1,559        

      (2)  A member of the police force of a township police       1,561        

district created under section 505.48 of the Revised Code, a       1,562        

member of the police force of a joint township police district     1,563        

created under section 505.481 of the Revised Code, and a township  1,564        

constable appointed in accordance with section 509.01 of the       1,565        

Revised Code, who has received a certificate from the Ohio peace   1,566        

officer training commission under section 109.75 of the Revised    1,567        

Code may arrest and detain, until a warrant can be obtained, any   1,568        

person found violating any section or chapter of the Revised Code  1,569        

listed in division (E)(1) of this section, other than sections     1,570        

4513.33 and 4513.34 of the Revised Code, on the portion of any     1,571        

street or highway that is located immediately adjacent to the      1,572        

boundaries of the township police district or joint township       1,573        

police district, in the case of a member of a township police      1,574        

district or joint township police district police force, or the    1,575        

unincorporated territory of the township, in the case of a         1,576        

township constable.  However, if the population of the township    1,577        

that created the township police district served by the member's   1,578        

police force, or the townships that created the joint township     1,579        

police district served by the member's police force, or the        1,580        

township that is served by the township constable, is sixty        1,581        

thousand or less, the member of the township police district or    1,582        

joint police district police force or the township constable may   1,583        

not make an arrest under this division on a state highway that is  1,584        

included as part of the interstate system.                         1,585        

      (3)  A police officer or village marshal appointed,          1,587        

elected, or employed by a municipal corporation may arrest and     1,588        

detain, until a warrant can be obtained, any person found          1,589        

                                                          39     

                                                                 
violating any section or chapter of the Revised Code listed in     1,590        

division (E)(1) of this section on the portion of any street or    1,591        

highway that is located immediately adjacent to the boundaries of  1,592        

the municipal corporation in which the police officer or village   1,593        

marshal is appointed, elected, or employed.                        1,594        

      (F)(1)  A department of mental health special police         1,596        

officer or a department of mental retardation and developmental    1,597        

disabilities special police officer may arrest without a warrant   1,598        

and detain until a warrant can be obtained any person found        1,599        

committing on the premises of any institution under the            1,600        

jurisdiction of the particular department a misdemeanor under a    1,601        

law of the state.                                                               

      A department of mental health special police officer or a    1,603        

department of mental retardation and developmental disabilities    1,604        

special police officer may arrest without a warrant and detain     1,605        

until a warrant can be obtained any person who has been            1,606        

hospitalized, institutionalized, or confined in an institution     1,607        

under the jurisdiction of the particular department pursuant to    1,608        

or under authority of section 2945.37, 2945.371, 2945.38,          1,609        

2945.39, 2945.40, 2945.401, or 2945.402 of the Revised Code and    1,611        

who is found committing on the premises of any institution under   1,612        

the jurisdiction of the particular department a violation of       1,613        

section 2921.34 of the Revised Code that involves an escape from   1,614        

the premises of the institution.                                   1,615        

      (2)(a)  If a department of mental health special police      1,617        

officer or a department of mental retardation and developmental    1,618        

disabilities special police officer finds any person who has been  1,619        

hospitalized, institutionalized, or confined in an institution     1,620        

under the jurisdiction of the particular department pursuant to    1,621        

or under authority of section 2945.37, 2945.371, 2945.38,          1,622        

2945.39, 2945.40, 2945.401, or 2945.402 of the Revised Code        1,624        

committing a violation of section 2921.34 of the Revised Code      1,625        

that involves an escape from the premises of the institution, or   1,626        

if there is reasonable ground to believe that a violation of       1,627        

                                                          40     

                                                                 
section 2921.34 of the Revised Code has been committed that        1,628        

involves an escape from the premises of an institution under the   1,629        

jurisdiction of the department of mental health or the department  1,630        

of mental retardation and developmental disabilities and if a      1,631        

department of mental health special police officer or a            1,632        

department of mental retardation and developmental disabilities    1,633        

special police officer has reasonable cause to believe that a      1,634        

particular person who has been hospitalized, institutionalized,    1,635        

or confined in the institution pursuant to or under authority of   1,636        

section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401,    1,637        

or 2945.402 of the Revised Code is guilty of the violation, the    1,638        

special police officer, outside of the premises of the             1,639        

institution, may pursue, arrest, and detain that person for that   1,640        

violation of section 2921.34 of the Revised Code, until a warrant  1,641        

can be obtained, if both of the following apply:                   1,642        

      (i)  The pursuit takes place without unreasonable delay      1,644        

after the offense is committed.                                    1,645        

      (ii)  The pursuit is initiated within the premises of the    1,647        

institution from which the violation of section 2921.34 of the     1,648        

Revised Code occurred.                                             1,649        

      (b)  For purposes of division (F)(2)(a) of this section,     1,651        

the execution of a written statement by the administrator of the   1,652        

institution in which a person had been hospitalized,               1,653        

institutionalized, or confined pursuant to or under authority of   1,654        

section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401,    1,656        

or 2945.402 of the Revised Code alleging that the person has       1,657        

escaped from the premises of the institution in violation of       1,658        

section 2921.34 of the Revised Code constitutes reasonable ground  1,659        

to believe that the violation was committed and reasonable cause   1,660        

to believe that the person alleged in the statement to have        1,661        

committed the offense is guilty of the violation.                  1,662        

      (G)  As used in this section:                                1,664        

      (1)  A "department of mental health special police officer"  1,666        

means a special police officer of the department of mental health  1,667        

                                                          41     

                                                                 
designated under section 5119.14 of the Revised Code who is        1,668        

certified by the Ohio peace officer training commission under      1,669        

section 109.77 of the Revised Code as having successfully          1,670        

completed an approved peace officer basic training program.        1,671        

      (2)  A "department of mental retardation and developmental   1,673        

disabilities special police officer" means a special police        1,675        

officer of the department of mental retardation and developmental  1,676        

disabilities designated under section 5123.13 of the Revised Code  1,677        

who is certified by the Ohio peace officer training council under  1,678        

section 109.77 of the Revised Code as having successfully          1,679        

completed an approved peace officer basic training program.        1,680        

      (3)  "Deadly weapon" has the same meaning as in section      1,682        

2923.11 of the Revised Code.                                       1,683        

      (4)  "Family or household member" has the same meaning as    1,685        

in section 2919.25 of the Revised Code.                            1,686        

      (5)  "Street" or "highway" has the same meaning as in        1,688        

section 4511.01 of the Revised Code.                               1,689        

      (6)  "Interstate system" has the same meaning as in section  1,691        

5516.01 of the Revised Code.                                       1,692        

      Sec. 2935.032.  (A)  Not later than ninety days after the    1,701        

effective date of this section AMENDMENT, each agency,             1,702        

instrumentality, or political subdivision that is served by any    1,704        

peace officer described in division (B)(1) of section 2935.03 of   1,705        

the Revised Code shall adopt, in accordance with division (E) of   1,706        

this section, written policies, written procedures implementing    1,707        

the policies, and other written procedures for the peace officers  1,708        

who serve it to follow in implementing division (B)(3) of section  1,709        

2935.03 of the Revised Code and for their appropriate response to  1,710        

each report of an alleged incident of the offense of domestic      1,711        

violence or an alleged incident of the offense of violating a      1,712        

protection order or consent agreement.  The policies and           1,713        

procedures shall conform to and be consistent with the provisions  1,714        

of divisions (B)(1) and (B)(3) of section 2935.03 of the Revised   1,715        

Code and divisions (B) to (D) of this section.  Each policy        1,716        

                                                          42     

                                                                 
adopted under this division shall include, but not be limited to,  1,717        

all of the following:                                              1,718        

      (1)  Provisions specifying that, if a peace officer who      1,720        

serves the agency, instrumentality, or political subdivision       1,721        

responds to an alleged incident of the offense of domestic         1,722        

violence, an alleged incident of the offense of violating a        1,723        

protection order or consent agreement, or an alleged incident of   1,724        

any other offense, both of the following apply:                    1,725        

      (a)  If the officer determines that there are reasonable     1,727        

grounds to believe that a person knowingly caused serious          1,728        

physical harm to another OR TO ANOTHER'S UNBORN or knowingly       1,729        

caused or attempted to cause physical harm to another OR TO        1,731        

ANOTHER'S UNBORN by means of a deadly weapon or dangerous          1,733        

ordnance, as defined in section 2923.11 of the Revised Code,       1,734        

then, regardless of whether the victim of the offense was a                     

family or household member of the offender, the officer shall      1,735        

treat the incident as felonious assault, shall consider the        1,736        

offender to have committed and the victim to have been the victim  1,737        

of felonious assault, shall consider the offense that was          1,738        

committed to have been felonious assault in determining the        1,739        

manner in which the offender should be treated, and shall comply   1,740        

with whichever of the following is applicable:                     1,741        

      (i)  Unless the officer has reasonable cause to believe      1,743        

that, during the incident, the offender who committed the          1,744        

felonious assault and one or more other persons committed          1,745        

offenses against each other, the officer shall arrest the          1,746        

offender who committed the felonious assault pursuant to section   1,747        

2935.03 of the Revised Code and shall detain him THAT OFFENDER     1,748        

pursuant to that section until a warrant can be obtained, and the  1,750        

arrest shall be for felonious assault.                             1,751        

      (ii)  If the officer has reasonable cause to believe that,   1,753        

during the incident, the offender who committed the felonious      1,754        

assault and one or more other persons committed offenses against   1,755        

each other, the officer shall determine in accordance with         1,756        

                                                          43     

                                                                 
division (B)(3)(d) of section 2935.03 of the Revised Code which    1,757        

of those persons is the primary physical aggressor.  If the        1,758        

offender who committed the felonious assault is the primary        1,759        

physical aggressor, the officer shall arrest that offender for     1,760        

felonious assault pursuant to section 2935.03 of the Revised Code  1,761        

and shall detain him THAT OFFENDER pursuant to that section until  1,763        

a warrant can be obtained, and the officer is not required to      1,764        

arrest but may arrest pursuant to section 2935.03 of the Revised   1,765        

Code any other person who committed an offense but who is not the  1,766        

primary physical aggressor.  If the offender who committed the     1,767        

felonious assault is not the primary physical aggressor, the       1,768        

officer is not required to arrest that offender or any other       1,769        

person who committed an offense during the incident but may        1,770        

arrest any of them pursuant to section 2935.03 of the Revised      1,771        

Code and detain them pursuant to that section until a warrant can  1,772        

be obtained.                                                                    

      (b)  If the officer determines that there are reasonable     1,774        

grounds to believe that a person, while under the influence of     1,775        

sudden passion or in a sudden fit of rage, either of which is      1,776        

brought on by serious provocation occasioned by the victim that    1,777        

is reasonably sufficient to incite the person into using deadly    1,778        

force, knowingly caused serious physical harm to another OR TO     1,779        

ANOTHER'S UNBORN or knowingly caused or attempted to cause         1,781        

physical harm to another OR TO ANOTHER'S UNBORN by means of a      1,783        

deadly weapon or dangerous ordnance, as defined in section         1,784        

2923.11 of the Revised Code, then, regardless of whether the       1,785        

victim of the offense was a family or household member of the                   

offender, the officer shall treat the incident as aggravated       1,786        

assault, shall consider the offender to have committed and the     1,787        

victim to have been the victim of aggravated assault, shall        1,788        

consider the offense that was committed to have been aggravated    1,789        

assault in determining the manner in which the offender should be  1,790        

treated, and shall comply with whichever of the following is       1,791        

applicable:                                                        1,792        

                                                          44     

                                                                 
      (i)  Unless the officer has reasonable cause to believe      1,794        

that, during the incident, the offender who committed the          1,795        

aggravated assault and one or more other persons committed         1,796        

offenses against each other, the officer shall arrest the          1,797        

offender who committed the aggravated assault pursuant to section  1,798        

2935.03 of the Revised Code and shall detain him THAT OFFENDER     1,799        

pursuant to that section until a warrant can be obtained, and the  1,801        

arrest shall be for aggravated assault.                            1,802        

      (ii)  If the officer has reasonable cause to believe that,   1,804        

during the incident, the offender who committed the aggravated     1,805        

assault and one or more other persons committed offenses against   1,806        

each other, the officer shall determine in accordance with         1,807        

division (B)(3)(d) of section 2935.03 of the Revised Code which    1,808        

of those persons is the primary physical aggressor.  If the        1,809        

offender who committed the aggravated assault is the primary       1,810        

physical aggressor, the officer shall arrest that offender for     1,811        

aggravated assault pursuant to section 2935.03 of the Revised      1,812        

Code and shall detain him THAT OFFENDER pursuant to that section   1,813        

until a warrant can be obtained, and the officer is not required   1,815        

to arrest but may arrest pursuant to section 2935.03 of the        1,816        

Revised Code any other person who committed an offense but who is  1,817        

not the primary physical aggressor.  If the offender who           1,818        

committed the aggravated assault is not the primary physical       1,819        

aggressor, the officer is not required to arrest that offender or  1,820        

any other person who committed an offense during the incident but  1,821        

may arrest any of them pursuant to section 2935.03 of the Revised  1,822        

Code and detain them pursuant to that section until a warrant can  1,823        

be obtained.                                                       1,824        

      (2)  Provisions requiring the peace officers who serve the   1,826        

agency, instrumentality, or political subdivision to do all of     1,827        

the following:                                                     1,828        

      (a)  Respond without undue delay to a report of an alleged   1,830        

incident of the offense of domestic violence or the offense of     1,831        

domestic violence or the offense of violating a protection order   1,832        

                                                          45     

                                                                 
or consent agreement;                                              1,833        

      (b)  If the alleged offender has been granted pretrial       1,835        

release from custody on a prior charge of the offense of domestic  1,836        

violence or the offense of violating a protection order or         1,837        

consent agreement and has violated one or more conditions of that  1,838        

pretrial release, document the facts and circumstances of the      1,839        

violation in the report to the law enforcement agency he serves    1,840        

that he THE PEACE OFFICER makes pursuant to division (D) of this   1,841        

section;                                                           1,842        

      (c)  Separate the victim of the offense of domestic          1,844        

violence or the offense of violating a protection order or         1,845        

consent agreement and the alleged offender, conduct separate       1,846        

interviews with the victim and the alleged offender in separate    1,847        

locations, and take a written statement from the victim that       1,848        

indicates the frequency and severity of any prior incidents of     1,849        

physical abuse of the victim by the alleged offender, the number   1,850        

of times the victim has called peace officers for assistance, and  1,851        

the disposition of those calls, if known;                          1,852        

      (d)  Comply with divisions (B)(1) and (B)(3) of section      1,854        

2935.03 of the Revised Code and with divisions (B), (C), and (D)   1,855        

of this section.                                                   1,856        

      (3)  Sanctions to be imposed upon a peace officer who        1,858        

serves the agency, instrumentality, or political subdivision and   1,859        

who fails to comply with any provision in the policy or with       1,860        

division (B)(1) or (B)(3) of section 2935.03 of the Revised Code   1,861        

or division (B), (C), or (D) of this section.                      1,862        

      (4)  Examples of reasons that a peace officer may consider   1,864        

for not arresting and detaining until a warrant can be obtained a  1,865        

person who allegedly committed the offense of domestic violence    1,866        

or the offense of violating a protection order or consent          1,867        

agreement when it is the preferred course of action in this state  1,868        

that the officer arrest the alleged offender, as described in      1,869        

division (B)(3)(b) of section 2935.03 of the Revised Code.         1,870        

      (B)(1)  Nothing in this section or in division (B)(1) or     1,872        

                                                          46     

                                                                 
(B)(3) of section 2935.03 of the Revised Code precludes an         1,873        

agency, instrumentality, or political subdivision that is served   1,874        

by any peace officer described in division (B)(1) of section       1,875        

2935.03 of the Revised Code from including in the policy it        1,876        

adopts under division (A) of this section either of the following  1,877        

types of provisions:                                               1,878        

      (a)  A provision that requires the peace officers who serve  1,880        

it, if they have reasonable grounds to believe that the offense    1,881        

of domestic violence or the offense of violating a protection      1,882        

order or consent agreement has been committed within the limits    1,883        

of the jurisdiction of the agency, instrumentality, or political   1,884        

subdivision and reasonable cause to believe that a particular      1,885        

person committed the offense, to arrest the alleged offender;      1,886        

      (b)  A provision that does not require the peace officers    1,888        

who serve it, if they have reasonable grounds to believe that the  1,889        

offense of domestic violence or the offense of violating a         1,890        

protection order or consent agreement has been committed within    1,891        

the limits of the jurisdiction of the agency, instrumentality, or  1,892        

political subdivision and reasonable cause to believe that a       1,893        

particular person committed the offense, to arrest the alleged     1,894        

offender, but that grants the officers less discretion in those    1,895        

circumstances in deciding whether to arrest the alleged offender   1,896        

than peace officers are granted by divisions (B)(1) and (B)(3) of  1,897        

section 2935.03 of the Revised Code.                               1,898        

      (2)  If an agency, instrumentality, or political             1,900        

subdivision that is served by any peace officer described in       1,901        

division (B)(1) of section 2935.03 of the Revised Code includes    1,902        

in the policy it adopts under division (A) of this section a       1,903        

provision of the type described in division (B)(1)(a) or (b) of    1,904        

this section, the peace officers who serve the agency,             1,905        

instrumentality, or political subdivision shall comply with the    1,906        

provision in making arrests authorized under division (B)(1) of    1,907        

section 2935.03 of the Revised Code.                               1,908        

      (C)  When a peace officer described in division (B)(1) of    1,910        

                                                          47     

                                                                 
section 2935.03 of the Revised Code investigates a report of an    1,911        

alleged incident of the offense of domestic violence or an         1,912        

alleged incident of the offense of violating a protection order    1,913        

or consent agreement, the officer shall do all of the following:   1,914        

      (1)  Complete a domestic violence report in accordance with  1,916        

division (D) of this section;                                      1,917        

      (2)  Advise the victim of the availability of a temporary    1,919        

protection order pursuant to section 2919.26 of the Revised Code   1,920        

or a protection order or consent agreement pursuant to section     1,921        

3113.31 of the Revised Code;                                       1,922        

      (3)  Give the victim the officer's name, the officer's       1,924        

badge number if the officer has a badge and the badge has a        1,925        

number, the report number for the incident if a report number is   1,926        

available at the time of the officer's investigation, a telephone  1,927        

number that the victim can call for information about the case,    1,928        

the telephone number of a domestic violence shelter in the area,   1,929        

and information on any local victim advocate program.              1,930        

      (D)  A peace officer who investigates a report of an         1,932        

alleged incident of the offense of domestic violence or an         1,933        

alleged incident of the offense of violating a protection order    1,934        

or consent agreement shall make a written report of the incident   1,935        

whether or not an arrest is made.  The report shall document the   1,936        

officer's observations of the victim and the alleged offender,     1,937        

any visible injuries of the victim or alleged offender, any        1,938        

weapons at the scene, the actions of the alleged offender, any     1,939        

statements made by the victim or witnesses, and any other          1,940        

significant facts or circumstances.  If the officer does not       1,941        

arrest and detain until a warrant can be obtained a person who     1,942        

allegedly committed the offense of domestic violence or the        1,943        

offense of violating a protection order or consent agreement when  1,944        

it is the preferred course of action in this state pursuant to     1,945        

division (B)(3)(b) of section 2935.03 of the Revised Code that     1,946        

the alleged offender be arrested, the officer must articulate in   1,947        

the report a clear statement of his THE OFFICER'S reasons for not  1,949        

                                                          48     

                                                                 
arresting and detaining that alleged offender until a warrant can               

be obtained. The officer shall submit the written report to the    1,951        

law enforcement agency to which he THE OFFICER has been            1,952        

appointed, employed, or elected.                                   1,954        

      (E)  Each agency, instrumentality, or political subdivision  1,956        

that is required to adopt policies and procedures under division   1,957        

(A) of this section shall adopt those policies and procedures in   1,958        

conjunction and consultation with shelters in the community for    1,959        

victims of domestic violence and private organizations, law        1,960        

enforcement agencies, and other public agencies in the community   1,961        

that have expertise in the recognition and handling of domestic    1,962        

violence cases.                                                    1,963        

      (F)  TO THE EXTENT DESCRIBED IN AND IN ACCORDANCE WITH       1,965        

SECTION 9.86 OR 2744.03 OF THE REVISED CODE, A PEACE OFFICER WHO   1,966        

ARRESTS AN OFFENDER FOR THE OFFENSE OF VIOLATING A PROTECTION      1,967        

ORDER WITH RESPECT TO A PROTECTION ORDER OR CONSENT AGREEMENT OF   1,969        

THIS STATE OR ANOTHER STATE THAT ON ITS FACE IS VALID IS IMMUNE                 

FROM LIABILITY IN A CIVIL ACTION FOR DAMAGES FOR INJURY, DEATH,    1,971        

OR LOSS TO PERSON OR PROPERTY THAT ALLEGEDLY WAS CAUSED BY OR      1,972        

RELATED TO THE ARREST.                                             1,973        

      (G)  EACH AGENCY, INSTRUMENTALITY, OR POLITICAL SUBDIVISION  1,976        

DESCRIBED IN DIVISION (A) OF THIS SECTION THAT ARRESTS AN          1,978        

OFFENDER FOR AN ALLEGED INCIDENT OF THE OFFENSE OF DOMESTIC        1,979        

VIOLENCE OR AN ALLEGED INCIDENT OF THE OFFENSE OF VIOLATING A      1,980        

PROTECTION ORDER SHALL CONSIDER REFERRING THE CASE TO FEDERAL      1,981        

AUTHORITIES FOR PROSECUTION UNDER FEDERAL LAW IF THE INCIDENT      1,982        

CONSTITUTES A VIOLATION OF FEDERAL LAW.                                         

      (H)  AS USED IN THIS SECTION:                                1,985        

      (1)  "ANOTHER'S UNBORN" HAS THE SAME MEANING AS IN SECTION   1,987        

2903.09 OF THE REVISED CODE.                                                    

      (2)  "DANGEROUS ORDNANCE" AND "DEADLY WEAPON" HAVE THE SAME  1,989        

MEANINGS AS IN SECTION 2923.11 OF THE REVISED CODE.                1,990        

      (3)  "THE OFFENSE OF VIOLATING A PROTECTION ORDER" INCLUDES  1,992        

THE FORMER OFFENSE OF VIOLATING A PROTECTION ORDER OR CONSENT      1,993        

                                                          49     

                                                                 
AGREEMENT OR ANTI-STALKING PROTECTION ORDER AS SET FORTH IN        1,994        

SECTION 2919.27 OF THE REVISED CODE AS IT EXISTED PRIOR TO THE     1,997        

EFFECTIVE DATE OF THIS AMENDMENT.                                               

      Sec. 2937.23.  (A)  In a case involving a felony, the judge  2,007        

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

a misdemeanor or a violation of a municipal ordinance and not      2,008        

involving a felony, the judge, magistrate, or clerk of the court   2,009        

may fix the amount of bail and may do so in accordance with a      2,010        

schedule previously fixed by the judge or magistrate, or, in a     2,012        

case when the judge, magistrate, or clerk of the court is not      2,013        

readily available, the sheriff, deputy sheriff, marshal, deputy    2,014        

marshal, police officer, or jailer having custody of the person    2,015        

charged may fix the amount of bail in accordance with a schedule   2,017        

previously fixed by the judge or magistrate and shall take the     2,018        

bail only in the county courthouse, the municipal or township      2,019        

building, or the county or municipal jail.  In all cases, the      2,020        

bail shall be fixed with consideration of the seriousness of the   2,021        

offense charged, the previous criminal record of the defendant,    2,022        

and the probability of the defendant appearing at the trial of     2,023        

the case.                                                                       

      (B)  In any case involving an alleged violation of section   2,025        

2919.27 of the Revised Code or of a municipal ordinance that is    2,026        

substantially similar to that section and in which the court       2,027        

finds that either of the following criteria applies, the court     2,028        

shall determine whether it will order an evaluation of the mental  2,029        

condition of the defendant pursuant to section 2919.271 of the     2,030        

Revised Code and, if it decides to so order, shall issue the       2,031        

order requiring that evaluation before it sets bail for the        2,032        

person charged with the violation:                                              

      (1)  Regarding an alleged violation of a temporary           2,034        

protection order or consent agreement, that the violation of the   2,035        

order or agreement allegedly involves conduct by the defendant     2,036        

that caused physical harm to the person or property of a family    2,037        

or household member covered by the order or agreement or conduct   2,038        

                                                          50     

                                                                 
by that defendant that caused a family or household member to      2,039        

believe that the defendant would cause physical harm to that       2,040        

member or that member's property;                                  2,041        

      (2)  Regarding an alleged violation of an anti-stalking      2,043        

protection order OR A PROTECTION ORDER ISSUED BY A COURT OF        2,044        

ANOTHER STATE, AS DEFINED IN SECTION 2919.27 OF THE REVISED CODE,  2,045        

that the violation of the order allegedly involves conduct by the  2,047        

defendant that caused physical harm to the person or property of   2,048        

the person covered by the order or conduct by that defendant that  2,049        

caused the person covered by the order to believe that the         2,050        

defendant would cause physical harm to that person or that         2,051        

person's property.                                                              

      Sec. 3113.31.  (A)  As used in this section:                 2,062        

      (1)  "Domestic violence" means the occurrence of one or      2,064        

more of the following acts against a family or household member:   2,065        

      (a)  Attempting to cause or recklessly causing bodily        2,067        

injury;                                                            2,068        

      (b)  Placing another person by the threat of force in fear   2,070        

of imminent serious physical harm or committing a violation of     2,071        

section 2903.211 or 2911.211 of the Revised Code;                  2,072        

      (c)  Committing any act with respect to a child that would   2,074        

result in the child being an abused child, as defined in section   2,075        

2151.031 of the Revised Code.                                      2,076        

      (2)  "Court" means the domestic relations division of the    2,078        

court of common pleas in counties that have a domestic relations   2,079        

division, and the court of common pleas in counties that do not    2,080        

have a domestic relations division.                                2,081        

      (3)  "Family or household member" means any of the           2,083        

following:                                                         2,084        

      (a)  Any of the following who is residing with or has        2,086        

resided with the respondent:                                       2,087        

      (i)  A spouse, a person living as a spouse, or a former      2,089        

spouse of the respondent;                                          2,090        

      (ii)  A parent or a child of the respondent, or another      2,092        

                                                          51     

                                                                 
person related by consanguinity or affinity to the respondent;     2,093        

      (iii)  A parent or a child of a spouse, person living as a   2,095        

spouse, or former spouse of the respondent, or another person      2,096        

related by consanguinity or affinity to a spouse, person living    2,097        

as a spouse, or former spouse of the respondent.                   2,098        

      (b)  The natural parent of any child of whom the respondent  2,100        

is, OR IS ALLEGED TO BE, the other natural parent.                 2,102        

      (4)  "Person living as a spouse" means a person who is       2,104        

living or has lived with the respondent in a common law marital    2,105        

relationship, who otherwise is cohabiting with the respondent, or  2,107        

who otherwise has cohabited with the respondent within one year                 

FIVE YEARS prior to the date of the alleged occurrence of the act  2,109        

in question.                                                       2,110        

      (5)  "Victim advocate" means a person who provides support   2,112        

and assistance for a person who files a petition under this        2,113        

section.                                                                        

      (B)  The court has jurisdiction over all proceedings under   2,115        

this section.  The petitioner's right to relief under this         2,116        

section is not affected by the petitioner's leaving the residence  2,117        

or household to avoid further domestic violence.                   2,118        

      (C)  A person may seek relief under this section the person  2,120        

on the person's own behalf, or any parent or adult household       2,121        

member may seek relief under this section on behalf of any other   2,122        

family or household member, by filing a petition with the court.   2,123        

The petition shall contain or state:                               2,124        

      (1)  An allegation that the respondent engaged in domestic   2,126        

violence against a family or household member of the respondent,   2,127        

including a description of the nature and extent of the domestic   2,128        

violence;                                                          2,129        

      (2)  The relationship of the respondent to the petitioner,   2,131        

and to the victim if other than the petitioner;                    2,132        

      (3)  A request for relief under this section.                2,134        

      (D)(1)  If a person who files a petition pursuant to this    2,136        

section requests an ex parte order, the court shall hold an ex     2,137        

                                                          52     

                                                                 
parte hearing on the same day that the petition is filed.  The     2,138        

court may, for good cause shown at the ex parte hearing, MAY       2,139        

enter any temporary orders, with or without bond, including, but   2,141        

not limited to, an order described in division (E)(1)(a), (b), or  2,142        

(c) of this section, that the court finds necessary to protect     2,143        

the family or household member from domestic violence.  Immediate  2,144        

and present danger of domestic violence to the family or           2,145        

household member constitutes good cause for purposes of this       2,146        

section. Immediate and present danger includes, but is not         2,147        

limited to, situations in which the respondent has threatened the  2,148        

family or household member with bodily harm or in which the        2,149        

respondent has previously engaged in HAS BEEN CONVICTED OF OR      2,150        

PLEADED GUILTY TO AN OFFENSE THAT CONSTITUTES domestic violence    2,151        

against the family or household member.                            2,152        

      (2)(a)  If the court, after an ex parte hearing, issues an   2,154        

order described in division (E)(1)(b) or (c) of this section, the  2,155        

court shall schedule a full hearing that shall be held FOR A DATE  2,156        

THAT IS within seven court days after the ex parte hearing.  If    2,158        

any other type of protection order that is authorized under        2,159        

division (E) of this section is issued by the court after an ex    2,160        

parte hearing, the COURT SHALL SCHEDULE A full hearing shall be    2,162        

held FOR A DATE THAT IS within ten COURT days after the ex parte   2,163        

hearing.  The COURT SHALL GIVE THE respondent shall be given       2,164        

notice of, and an opportunity to be heard at, the full hearing.    2,166        

THE COURT SHALL HOLD THE FULL HEARING ON THE DATE SCHEDULED UNDER  2,167        

THIS DIVISION UNLESS THE COURT GRANTS A CONTINUANCE OF THE         2,168        

HEARING IN ACCORDANCE WITH THIS DIVISION.  UNDER ANY OF THE        2,169        

FOLLOWING CIRCUMSTANCES OR FOR ANY OF THE FOLLOWING REASONS, THE                

COURT MAY GRANT A CONTINUANCE OF THE FULL HEARING TO A REASONABLE  2,170        

TIME DETERMINED BY THE COURT:                                      2,171        

      (i)  PRIOR TO THE DATE SCHEDULED FOR THE FULL HEARING UNDER  2,173        

THIS DIVISION, THE RESPONDENT HAS NOT BEEN SERVED WITH THE         2,174        

PETITION FILED PURSUANT TO THIS SECTION AND NOTICE OF THE FULL     2,175        

HEARING.                                                                        

                                                          53     

                                                                 
      (ii)  THE PARTIES CONSENT TO THE CONTINUANCE.                2,177        

      (iii)  THE CONTINUANCE IS NEEDED TO ALLOW A PARTY TO OBTAIN  2,179        

COUNSEL.                                                           2,180        

      (iv)  THE CONTINUANCE IS NEEDED FOR OTHER GOOD CAUSE.        2,182        

      (b)  AN EX PARTE ORDER ISSUED UNDER THIS SECTION DOES NOT    2,184        

EXPIRE BECAUSE OF A FAILURE TO SERVE NOTICE OF THE FULL HEARING    2,185        

UPON THE RESPONDENT BEFORE THE DATE SET FOR THE FULL HEARING       2,186        

UNDER DIVISION (D)(2)(a) OF THIS SECTION OR BECAUSE THE COURT      2,187        

GRANTS A CONTINUANCE UNDER THAT DIVISION.                          2,188        

      (3)  If a person who files a petition pursuant to this       2,190        

section does not request an ex parte order, or if a person         2,191        

requests an ex parte order but the court does not issue an ex      2,192        

parte order after an ex parte hearing, the court shall proceed as  2,193        

in a normal civil action and grant a full hearing on the matter.   2,194        

      (E)(1)  After an ex parte or full hearing, the court may     2,196        

grant any protection order, with or without bond, or approve any   2,197        

consent agreement to bring about a cessation of domestic violence  2,198        

against the family or household members.  The order or agreement   2,199        

may:                                                               2,200        

      (a)  Direct the respondent to refrain from abusing the       2,202        

family or household members;                                       2,203        

      (b)  Grant possession of the residence or household to the   2,205        

petitioner or other family or household member, to the exclusion   2,206        

of the respondent, by evicting the respondent, when the residence  2,207        

or household is owned or leased solely by the petitioner or other  2,208        

family or household member, or by ordering the respondent to       2,209        

vacate the premises, when the residence or household is jointly    2,210        

owned or leased by the respondent, and the petitioner or other     2,211        

family or household member;                                        2,212        

      (c)  When the respondent has a duty to support the           2,214        

petitioner or other family or household member living in the       2,215        

residence or household and the respondent is the sole owner or     2,216        

lessee of the residence or household, grant possession of the      2,217        

residence or household to the petitioner or other family or        2,218        

                                                          54     

                                                                 
household member, to the exclusion of the respondent, by ordering  2,219        

the respondent to vacate the premises, or, in the case of a        2,220        

consent agreement, allow the respondent to provide suitable,       2,221        

alternative housing;                                               2,222        

      (d)  Temporarily allocate parental rights and                2,224        

responsibilities for the care of, or establish temporary           2,226        

visitation rights with regard to, minor children, if no other      2,227        

court has determined, or is determining, the allocation of         2,228        

parental rights and responsibilities for the minor children or     2,229        

visitation rights;                                                 2,230        

      (e)  Require the respondent to maintain support, if the      2,232        

respondent customarily provides for or contributes to the support  2,233        

of the family or household member, or if the respondent has a      2,234        

duty to support the petitioner or family or household member;      2,235        

      (f)  Require the respondent, petitioner, victim of domestic  2,237        

violence, or any combination of those persons, to seek             2,238        

counseling;                                                        2,239        

      (g)  Require the respondent to refrain from entering the     2,241        

residence, school, business, or place of employment of the         2,242        

petitioner or family or household member;                          2,243        

      (h)  Grant other relief that the court considers equitable   2,245        

and fair, including, but not limited to, ordering the respondent   2,246        

to permit the use of a motor vehicle by the petitioner or other    2,247        

family or household member and the apportionment of household and  2,248        

family personal property.                                          2,249        

      (2)  If a protection order has been issued pursuant to this  2,251        

section in a prior action involving the respondent and the         2,252        

petitioner or one or more of the family or household members, the  2,253        

court may include in a protection order that it issues a           2,254        

prohibition against the respondent returning to the residence or   2,255        

household and.  IF IT INCLUDES a prohibition against the           2,256        

petitioner inviting or admitting the respondent RETURNING to the   2,258        

residence or household while the order is in effect IN THE ORDER,  2,261        

IT ALSO SHALL INCLUDE IN THE ORDER PROVISIONS OF THE TYPE          2,262        

                                                          55     

                                                                 
DESCRIBED IN DIVISION (E)(7) OF THIS SECTION.  THIS DIVISION DOES  2,264        

NOT PRECLUDE THE COURT FROM INCLUDING IN A PROTECTION ORDER OR     2,265        

CONSENT AGREEMENT, IN CIRCUMSTANCES OTHER THAN THOSE DESCRIBED IN  2,266        

THIS DIVISION, A REQUIREMENT THAT THE RESPONDENT BE EVICTED FROM   2,267        

OR VACATE THE RESIDENCE OR HOUSEHOLD OR REFRAIN FROM ENTERING THE  2,268        

RESIDENCE, SCHOOL, BUSINESS, OR PLACE OF EMPLOYMENT OF THE         2,269        

PETITIONER OR A FAMILY OR HOUSEHOLD MEMBER, AND, IF THE COURT      2,270        

INCLUDES ANY REQUIREMENT OF THAT TYPE IN AN ORDER OR AGREEMENT,    2,271        

THE COURT ALSO SHALL INCLUDE IN THE ORDER PROVISIONS OF THE TYPE   2,272        

DESCRIBED IN DIVISION (E)(7) OF THIS SECTION.                      2,273        

      (3)(a)  Any protection order ISSUED or approved consent      2,275        

agreement APPROVED UNDER THIS SECTION shall be valid until a date  2,277        

certain, but not later than two FIVE years from the date of its    2,280        

issuance or approval.                                                           

      (b)  Subject to the limitation on the duration of an order   2,282        

or agreement set forth in division (E)(3)(a) of this section, any  2,283        

order under division (E)(1)(d) of this section shall terminate on  2,284        

the date that a court in an action for divorce, dissolution of     2,286        

marriage, or legal separation brought by the petitioner or                      

respondent issues an order allocating parental rights and          2,287        

responsibilities for the care of children or on the date that a    2,288        

juvenile court in an action brought by the petitioner or           2,289        

respondent issues an order awarding legal custody of minor         2,290        

children.  Subject to the limitation on the duration of an order                

or agreement set forth in division (E)(3)(a) of this section, any  2,291        

order under division (E)(1)(e) of this section shall terminate on  2,292        

the date that a court in an action for divorce, dissolution of     2,293        

marriage, or legal separation brought by the petitioner or         2,294        

respondent issues a support order or on the date that a juvenile   2,295        

court in an action brought by the petitioner or respondent issues               

a support order.                                                   2,296        

      (c)  Any protection order issued or consent agreement        2,299        

approved pursuant to this section may be renewed in the same       2,300        

manner as the original order or agreement was issued or approved.  2,301        

                                                          56     

                                                                 
      (4)  A court may not issue a protection order that requires  2,303        

a petitioner to do or to refrain from doing an act that the court  2,304        

may require a respondent to do or to refrain from doing under      2,305        

division (E)(1)(a), (b), (c), (d), (e), (g), or (h) of this        2,306        

section unless all of the following apply:                                      

      (a)  The respondent files a separate petition for a          2,308        

protection order in accordance with this section.                  2,309        

      (b)  The petitioner is served notice of the respondent's     2,311        

petition at least forty-eight hours before the court holds a       2,312        

hearing with respect to the respondent's petition, or the          2,313        

petitioner waives the right to receive this notice.                2,314        

      (c)  If the petitioner has requested an ex parte order       2,316        

pursuant to division (D) of this section, the court does not       2,317        

delay any hearing required by that division beyond the time        2,318        

specified in that division in order to consolidate the hearing     2,319        

with a hearing on the petition filed by the respondent.                         

      (d)  After a full hearing at which the respondent presents   2,321        

evidence in support of the request for a protection order and the  2,322        

petitioner is afforded an opportunity to defend against that       2,323        

evidence, the court determines that the petitioner has committed   2,324        

an act of domestic violence or has violated a temporary            2,325        

protection order issued pursuant to section 2919.26 of the                      

Revised Code, that both the petitioner and the respondent acted    2,326        

primarily as aggressors, and that neither the petitioner nor the   2,327        

respondent acted primarily in self-defense.                        2,328        

      (5)  No PROTECTION order ISSUED or CONSENT agreement         2,330        

APPROVED under this section shall in any manner affect title to    2,332        

any real property.                                                              

      (6)(a)  If a petitioner, or the child of a petitioner, who   2,334        

obtains a protection order or consent agreement pursuant to        2,335        

division (E)(1) of this section or a temporary protection order    2,336        

pursuant to section 2919.26 of the Revised Code and is the         2,337        

subject of a visitation or companionship order issued pursuant to  2,338        

section 3109.051, 3109.11, or 3109.12 of the Revised Code or       2,339        

                                                          57     

                                                                 
division (E)(1)(d) of this section granting visitation or          2,340        

companionship rights to the respondent, the court may require the  2,341        

public children services agency of the county in which the court   2,342        

is located to provide supervision of the respondent's exercise of               

visitation or companionship rights with respect to the child for   2,343        

a period not to exceed nine months, if the court makes the         2,344        

following findings of fact:                                        2,345        

      (i)  The child is in danger from the respondent;             2,347        

      (ii)  No other person or agency is available to provide the  2,349        

supervision or other services.                                     2,350        

      (b)  A court that requires an agency to provide supervision  2,352        

or other services pursuant to division (E)(6)(a) of this section   2,354        

shall order the respondent to reimburse the agency for the cost    2,355        

of providing the supervision or other services, if it determines                

that the respondent has sufficient income or resources to pay      2,356        

that cost.                                                                      

      (7)(a)  IF A PROTECTION ORDER ISSUED OR CONSENT AGREEMENT    2,358        

APPROVED UNDER THIS SECTION INCLUDES A REQUIREMENT THAT THE        2,360        

RESPONDENT BE EVICTED FROM OR VACATE THE RESIDENCE OR HOUSEHOLD    2,361        

OR REFRAIN FROM ENTERING THE RESIDENCE, SCHOOL, BUSINESS, OR       2,362        

PLACE OF EMPLOYMENT OF THE PETITIONER OR A FAMILY OR HOUSEHOLD     2,363        

MEMBER, THE ORDER OR AGREEMENT SHALL STATE CLEARLY THAT THE ORDER  2,364        

OR AGREEMENT CANNOT BE WAIVED OR NULLIFIED BY AN INVITATION TO     2,365        

THE RESPONDENT FROM THE PETITIONER OR OTHER FAMILY OR HOUSEHOLD    2,366        

MEMBER TO ENTER THE RESIDENCE, SCHOOL, BUSINESS, OR PLACE OF       2,367        

EMPLOYMENT OR BY THE RESPONDENT'S ENTRY INTO ONE OF THOSE PLACES   2,368        

OTHERWISE UPON THE CONSENT OF THE PETITIONER OR OTHER FAMILY OR    2,369        

HOUSEHOLD MEMBER.                                                  2,370        

      (b)  DIVISION (E)(7)(a) OF THIS SECTION DOES NOT LIMIT ANY   2,373        

DISCRETION OF A COURT TO DETERMINE THAT A RESPONDENT CHARGED WITH  2,374        

A VIOLATION OF SECTION 2919.27 OF THE REVISED CODE, WITH A         2,375        

VIOLATION OF A MUNICIPAL ORDINANCE SUBSTANTIALLY EQUIVALENT TO     2,376        

THAT SECTION, OR WITH CONTEMPT OF COURT, WHICH CHARGE IS BASED ON  2,377        

AN ALLEGED VIOLATION OF A PROTECTION ORDER ISSUED OR CONSENT       2,378        

                                                          58     

                                                                 
AGGREEMENT APPROVED UNDER THIS SECTION, DID NOT COMMIT THE         2,380        

VIOLATION OR WAS NOT IN CONTEMPT OF COURT.                         2,381        

      (F)(1)  A copy of any protection order, or consent           2,383        

agreement, that is issued or approved under this section shall be  2,384        

issued by the court to the petitioner, to the respondent, and to   2,385        

all law enforcement agencies that have jurisdiction to enforce     2,386        

the order or agreement.  The court shall direct that a copy of an  2,387        

order be delivered to the respondent on the same day that the      2,388        

order is entered.                                                  2,389        

      (2)  All law enforcement agencies shall establish and        2,391        

maintain an index for the protection orders and the approved       2,392        

consent agreements delivered to the agencies pursuant to division  2,393        

(F)(1) of this section.  With respect to each order and consent    2,394        

agreement delivered, each agency shall note on the index, the      2,395        

date and time that it received the order or consent agreement.     2,396        

      (3)  Regardless of whether the petitioner has registered     2,398        

the order or agreement in the county in which the officer's        2,399        

agency has jurisdiction pursuant to division (N) of this section,  2,400        

any officer of a law enforcement agency shall enforce a            2,402        

protection order issued or consent agreement approved by any                    

court in this state in accordance with the provisions of the       2,404        

order or agreement, including removing the respondent from the     2,405        

premises, if appropriate.                                                       

      (G)  Any proceeding under this section shall be conducted    2,407        

in accordance with the Rules of Civil Procedure, except that an    2,408        

order under this section may be obtained with or without bond.     2,409        

AN ORDER ISSUED UNDER THIS SECTION, OTHER THAN AN EX PARTE ORDER,  2,410        

THAT GRANTS A PROTECTION ORDER OR APPROVES A CONSENT AGREEMENT,    2,411        

OR THAT REFUSES TO GRANT A PROTECTION ORDER OR APPROVE A CONSENT   2,412        

AGREEMENT, IS A FINAL, APPEALABLE ORDER.  The remedies and         2,413        

procedures provided in this section are in addition to, and not    2,415        

in lieu of, any other available civil or criminal remedies.        2,416        

      (H)  The filing of proceedings under this section does not   2,418        

excuse a person from filing any report or giving any notice        2,419        

                                                          59     

                                                                 
required by section 2151.421 of the Revised Code or by any other   2,420        

law.  When a petition under this section alleges domestic          2,421        

violence against minor children, the court shall report the fact,  2,422        

or cause reports to be made, to a county, township, or municipal   2,423        

peace officer under section 2151.421 of the Revised Code.          2,424        

      (I)  Any law enforcement agency that investigates a          2,426        

domestic dispute shall provide information to the family or        2,427        

household members involved regarding the relief available under    2,428        

this section and section 2919.26 of the Revised Code.              2,429        

      (J)  Notwithstanding any provision of law to the contrary,   2,431        

no court shall charge a fee for the filing of a petition pursuant  2,432        

to this section.                                                   2,433        

      (K)(1)  Each order for support made or modified under this   2,435        

section on or after December 31, 1993, shall include as part of    2,436        

the order a general provision, as described in division (A)(1) of  2,437        

section 3113.21 of the Revised Code, requiring the withholding or  2,438        

deduction of wages or assets of the obligor under the order as     2,439        

described in division (D) of section 3113.21 of the Revised Code   2,440        

or another type of appropriate requirement as described in         2,441        

division (D)(6), (D)(7), or (H) of that section, to ensure that    2,442        

withholding or deduction from the wages or assets of the obligor   2,443        

is available from the commencement of the support order for        2,444        

collection of the support and of any arrearages that occur; a      2,445        

statement requiring all parties to the order to notify the child   2,446        

support enforcement agency in writing of their current mailing     2,447        

address, their current residence address, and any changes in       2,448        

either address; and a notice that the requirement to notify the    2,449        

agency of all changes in either address continues until further    2,450        

notice from the court.  The court shall comply with sections       2,451        

3113.21 to 3113.219 of the Revised Code when it makes or modifies  2,452        

an order for child support under this section on or after April    2,453        

12, 1990.                                                          2,454        

      If any person required to pay child support under an order   2,456        

made under this section on or after April 15, 1985, or modified    2,457        

                                                          60     

                                                                 
under this section on or after December 31, 1986, is found in      2,458        

contempt of court for failure to make support payments under the   2,459        

order, the court that makes the finding, in addition to any other  2,460        

penalty or remedy imposed, shall assess all court costs arising    2,461        

out of the contempt proceeding against the person and require the  2,462        

person to pay any reasonable attorney's fees of any adverse        2,463        

party, as determined by the court, that arose in relation to the   2,464        

act of contempt.                                                   2,465        

      (2)  Notwithstanding section 3109.01 of the Revised Code,    2,467        

if a court issues a child support order under this section, the    2,468        

order shall remain in effect beyond the child's eighteenth         2,469        

birthday as long as the child continuously attends on a full-time  2,470        

basis any recognized and accredited high school.  Any parent       2,471        

ordered to pay support under a child support order issued under    2,472        

this section shall continue to pay support under the order,        2,473        

including during seasonal vacation periods, until the order        2,474        

terminates.                                                        2,475        

      (L)(1)  A person who violates a protection order issued or   2,477        

a consent agreement approved under this section is subject to the  2,478        

following sanctions:                                               2,479        

      (a)  Criminal prosecution for a violation of section         2,481        

2919.27 of the Revised Code, if the violation of the protection    2,482        

order or consent agreement constitutes a violation of that         2,483        

section;                                                           2,484        

      (b)  Punishment for contempt of court.                       2,486        

      (2)  The punishment of a person for contempt of court for    2,488        

violation of a protection order issued or a consent agreement      2,489        

approved under this section does not bar criminal prosecution of   2,490        

the person for a violation of section 2919.27 of the Revised       2,491        

Code.  However, a person punished for contempt of court is         2,492        

entitled to credit for the punishment imposed upon conviction of   2,493        

a violation of that section, and a person convicted of a           2,494        

violation of that section shall not subsequently be punished for   2,495        

contempt of court arising out of the same activity.                2,496        

                                                          61     

                                                                 
      (M)  In all stages of a proceeding under this section, a     2,498        

petitioner may be accompanied by a victim advocate.                2,499        

      (N)(1)  A petitioner who obtains a protection order or       2,501        

consent agreement under this section or a temporary protection     2,502        

order under section 2919.26 of the Revised Code may provide        2,503        

notice of the issuance or approval of the order or agreement to    2,504        

the judicial and law enforcement officials in any county other                  

than the county in which the order is issued or the agreement is   2,505        

approved by registering that order or agreement in the other       2,506        

county pursuant to division (N)(2) of this section and filing a    2,507        

copy of the registered order or registered agreement with a law    2,508        

enforcement agency in the other county in accordance with that     2,509        

division.                                                                       

      (2)  A petitioner may register a temporary protection        2,511        

order, protection order, or consent agreement in a county other    2,512        

than the county in which the court that issued the order or        2,513        

approved the agreement is located in the following manner:         2,514        

      (a)  The petitioner shall obtain a certified copy of the     2,516        

order or agreement from the clerk of the court that issued the     2,517        

order or approved the agreement and present that certified copy    2,518        

to the clerk of the court of common pleas or the clerk of a        2,519        

municipal court or county court in the county in which the order   2,520        

or agreement is to be registered.                                  2,521        

      (b)  Upon accepting the certified copy of the order or       2,523        

agreement for registration, the clerk of the court of common       2,524        

pleas, municipal court, or county court shall place an             2,525        

endorsement of registration on the order or agreement and give     2,526        

the petitioner a copy of the order or agreement that bears that    2,527        

proof of registration.                                             2,528        

      (3)  The clerk of each court of common pleas, the clerk of   2,530        

each municipal court, and the clerk of each county court shall     2,531        

maintain a registry of certified copies of temporary protection    2,532        

orders, protection orders, or consent agreements that have been    2,533        

issued or approved by courts in other counties and that have been  2,534        

                                                          62     

                                                                 
registered with the clerk.                                         2,535        

      (4)  If a petitioner who obtains a protection order or       2,537        

consent agreement under this section or a temporary protection     2,538        

order under section 2919.26 of the Revised Code wishes to          2,539        

register the order or agreement in any county other than the       2,540        

county in which the order was issued or the agreement was                       

approved, pursuant to divisions (N)(1) to (3) of this section,     2,541        

and if the petitioner is indigent, both of the following apply:    2,542        

      (a)  If the petitioner submits to the clerk of the court     2,544        

that issued the order or approved the agreement satisfactory       2,545        

proof that the petitioner is indigent, the clerk may waive any     2,546        

fee that otherwise would be required for providing the petitioner  2,547        

with a certified copy of the order or agreement to be used for                  

purposes of divisions (N)(1) to (3) of this section;               2,548        

      (b)  If the petitioner submits to the clerk of the court of  2,550        

common pleas or the clerk of a municipal court or county court in  2,551        

the county in which the order or agreement is to be registered     2,553        

satisfactory proof that the petitioner is indigent, the clerk may  2,554        

waive any fee that otherwise would be required for accepting for                

registration a certified copy of the order or agreement, for       2,555        

placing an endorsement of registration on the order or agreement,  2,556        

or for giving the petitioner a copy of the order or agreement      2,557        

that bears the proof of registration.                              2,558        

      Sec. 3113.33.  As used in sections 3113.33 to 3113.39 of     2,567        

the Revised Code:                                                  2,568        

      (A)  "Domestic violence" means attempting to cause or        2,570        

causing bodily injury to a family or household member, or placing  2,571        

a family or household member by threat of force in fear of         2,572        

imminent physical harm.                                            2,573        

      (B)  "Family or household member" means any of the           2,575        

following:                                                         2,576        

      (1)  Any of the following who is residing or has resided     2,578        

with the person committing the domestic violence:                  2,579        

      (a)  A spouse, a person living as a spouse, or a former      2,581        

                                                          63     

                                                                 
spouse of the person committing the domestic violence;             2,582        

      (b)  A parent or child of the person committing the          2,584        

domestic violence, or another person related by consanguinity or   2,585        

affinity to the person committing the domestic violence;           2,586        

      (c)  A parent or a child of a spouse, person living as a     2,588        

spouse, or former spouse of the person committing the domestic     2,589        

violence, or another person related by consanguinity or affinity   2,590        

to a spouse, person living as a spouse, or former spouse of the    2,591        

person committing the domestic violence;                           2,592        

      (d)  The dependents of any person listed in division         2,594        

(B)(1)(a), (b), or (c) of this section.                            2,595        

      (2)  The natural parent of any child of whom the person      2,597        

committing the domestic violence is, OR IS ALLEGED TO BE, the      2,599        

other natural parent.                                              2,600        

      (C)  "Shelter for victims of domestic violence" or           2,602        

"shelter" means a facility that provides temporary residential     2,603        

service or facilities to family or household members who are       2,604        

victims of domestic violence.                                      2,605        

      (D)  "Person living as a spouse" means a person who is       2,607        

living or has lived with the person committing the domestic        2,608        

violence in a common law marital relationship, who otherwise is    2,609        

cohabiting with the person committing the domestic violence, or    2,611        

who otherwise has cohabited with the person committing the         2,612        

domestic violence within one year FIVE YEARS prior to the date of  2,614        

the alleged occurrence of the act in question.                     2,615        

      Section 2.  That existing sections 737.11, 1901.18,          2,617        

1901.19, 1905.01 1907.18, 2919.25, 2919.26, 2919.27, 2919.271,     2,618        

2935.03, 2935.032, 2937.23, 3113.31, and 3113.33 of the Revised    2,619        

Code are hereby repealed.                                                       

      Section 3.  Section 2935.03 of the Revised Code is           2,621        

presented in this act as a composite of the section as amended by  2,622        

both Am. Sub. S.B. 285 and Sub. H.B. 670 of the 121st General      2,623        

Assembly, with the new language of neither of the acts shown in    2,624        

capital letters.  Section 3113.31 of the Revised Code is           2,625        

                                                          64     

                                                                 
presented in this act as a composite of the section as amended by  2,626        

both Sub. H.B. 274 and Am. Sub. H.B. 438 of the 121st General      2,627        

Assembly, with the new language of neither of the acts shown in    2,629        

capital letters.  This is in recognition of the principle stated   2,630        

in division (B) of section 1.52 of the Revised Code that such      2,631        

amendments are to be harmonized where not substantively            2,632        

irreconcilable and constitutes a legislative finding that such is  2,633        

the resulting version in effect prior to the effective date of     2,634        

this act.                                                                       

      Section 4.  Sections 1 and 2 of this act shall take effect   2,636        

July 1, 1997, or the earliest time permitted by law, whichever is  2,637        

later.