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
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(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
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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
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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
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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
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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
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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
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(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
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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
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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
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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
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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
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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
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(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
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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.