As Passed by the Senate 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
FURNEY-CARNES-ESPY-HERINGTON-GARDNER-ZALESKI-LATELL- 10
SCHAFRATH-GAETH-DRAKE-GILLMOR-WATTS-NEIN 11
13
A B I L L
To amend sections 737.11, 1901.18, 1901.19, 1905.01, 15
1907.18, 2919.25, 2919.26, 2919.27, 2919.271, 18
2935.03, 2935.032, 2937.23, 3113.31, and 3113.33
and to enact section 2919.272 of the Revised Code 20
relative to the issuance and enforcement of
domestic violence temporary protection orders, 21
domestic violence civil protection orders and 22
consent agreements, anti-stalking protection
orders, and protection orders of those types 24
issued by courts of another state, the removal
from mayor's courts of jurisdiction over domestic 25
violence and similar cases and over the issuance 27
of domestic violence temporary protection orders,
and the conformance of mayor's court OMVI 28
jurisdiction with changes in OMVI law made by Am. 29
Sub. S.B. 166 of the 121st General Assembly. 30
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 32
Section 1. That sections 737.11, 1901.18, 1901.19, 34
1905.01, 1907.18, 2919.25, 2919.26, 2919.27, 2919.271, 2935.03, 35
2935.032, 2937.23, 3113.31, and 3113.33 be amended and section 38
2919.272 of the Revised Code be enacted to read as follows: 39
Sec. 737.11. The police force of a municipal corporation 48
shall preserve the peace, protect persons and property, and obey 49
2
and enforce all ordinances of the legislative authority of the 50
municipal corporation, all criminal laws of the state and the 51
United States, all court orders issued and consent agreements 52
approved pursuant to sections 2919.26 and 3113.31 of the Revised 53
Code, and all anti-stalking protection orders issued pursuant to 54
section 2903.213 of the Revised Code, AND PROTECTION ORDERS 55
ISSUED BY COURTS OF ANOTHER STATE, AS DEFINED IN SECTION 2919.27 56
OF THE REVISED CODE. The fire department shall protect the lives 58
and property of the people in case of fire. Both the police and 59
fire departments shall perform any other duties that are provided 60
by ordinance. The police and fire departments in every city 61
shall be maintained under the civil service system. 62
A chief or officer of a police force of a municipal 64
corporation may participate, as the director of an organized 65
crime task force established under section 177.02 of the Revised 66
Code or as a member of the investigatory staff of such a task 67
force, in an investigation of organized criminal activity in any 68
county or counties in this state under sections 177.01 to 177.03 69
of the Revised Code. 70
Sec. 1901.18. (A) Except as otherwise provided in this 79
division or section 1901.181 of the Revised Code, subject to the 80
monetary jurisdiction of municipal courts as set forth in section 81
1901.17 of the Revised Code, a municipal court has original 82
jurisdiction within its territory in all of the following actions 83
or proceedings and to perform all of the following functions: 84
(1) In any civil action, of whatever nature or remedy, of 86
which judges of county courts have jurisdiction; 87
(2) In any action or proceeding at law for the recovery of 89
money or personal property of which the court of common pleas has 90
jurisdiction; 91
(3) In any action at law based on contract, to determine, 93
preserve, and enforce all legal and equitable rights involved in 94
the contract, to decree an accounting, reformation, or 95
cancellation of the contract, and to hear and determine all legal 96
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and equitable remedies necessary or proper for a complete 97
determination of the rights of the parties to the contract; 98
(4) In any action or proceeding for the sale of personal 100
property under chattel mortgage, lien, encumbrance, or other 101
charge, for the foreclosure and marshalling of liens on personal 103
property of that nature, and for the rendering of personal
judgment in the action or proceeding; 105
(5) In any action or proceeding to enforce the collection 107
of its own judgments or the judgments rendered by any court 108
within the territory to which the municipal court has succeeded, 109
and to subject the interest of a judgment debtor in personal 110
property to satisfy judgments enforceable by the municipal court; 111
(6) In any action or proceeding in the nature of 113
interpleader; 114
(7) In any action of replevin; 116
(8) In any action of forcible entry and detainer; 118
(9) In any action concerning the issuance and enforcement 120
of temporary protection orders pursuant to section 2919.26 of the 121
Revised Code or anti-stalking protection orders pursuant to 122
section 2903.213 of the Revised Code OR THE ENFORCEMENT OF 123
PROTECTION ORDERS ISSUED BY COURTS OF ANOTHER STATE, AS DEFINED 124
IN SECTION 2919.27 OF THE REVISED CODE;
(10) If the municipal court has a housing or environmental 126
division, in any action over which the division is given 127
jurisdiction by section 1901.181 of the Revised Code, provided 128
that, except as specified in division (B) of that section, no 129
judge of the court other than the judge of the division shall 130
hear or determine any action over which the division has 131
jurisdiction; 132
(11) In any action brought pursuant to division (I) of 134
section 3733.11 of the Revised Code, if the residential premises 135
that are the subject of the action are located within the 136
territorial jurisdiction of the court; 137
(12) In any civil action as described in division (B)(1) 139
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of section 3767.41 of the Revised Code that relates to a public 140
nuisance, and, to the extent any provision of this chapter 141
conflicts or is inconsistent with a provision of that section, 142
the provision of that section shall control in the civil action. 143
(B) The Cleveland municipal court also shall have 146
jurisdiction within its territory in all of the following actions 147
or proceedings and to perform all of the following functions: 148
(1) In all actions and proceedings for the sale of real 150
property under lien of a judgment of the municipal court or a 151
lien for machinery, material, or fuel furnished or labor 152
performed, irrespective of amount, and, in those actions and 154
proceedings, the court may proceed to foreclose and marshal all 156
liens and all vested or contingent rights, to appoint a receiver, 157
and to render personal judgment irrespective of amount in favor 158
of any party.
(2) In all actions for the foreclosure of a mortgage on 160
real property given to secure the payment of money or the 161
enforcement of a specific lien for money or other encumbrance or 162
charge on real property, when the amount claimed by the plaintiff 163
does not exceed fifteen thousand dollars and the real property is 165
situated within the territory, and, in those actions, the court 166
may proceed to foreclose all liens and all vested and contingent 167
rights and may proceed to render judgments and make findings and 170
orders between the parties in the same manner and to the same 171
extent as in similar actions in the court of common pleas. 173
(3) In all actions for the recovery of real property 175
situated within the territory to the same extent as courts of 176
common pleas have jurisdiction; 177
(4) In all actions for injunction to prevent or terminate 179
violations of the ordinances and regulations of the city of 180
Cleveland enacted or promulgated under the police power of the 181
city of Cleveland, pursuant to Section 3 of Article XVIII, Ohio 182
Constitution, over which the court of common pleas has or may 183
have jurisdiction, and, in those actions, the court may proceed 185
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to render judgments and make findings and orders in the same 188
manner and to the same extent as in similar actions in the court 189
of common pleas.
Sec. 1901.19. (A) Subject to the monetary jurisdiction of 198
municipal courts as set forth in section 1901.17 of the Revised 199
Code and the subject matter jurisdiction of municipal courts as 200
set forth in section 1901.18 of the Revised Code, a municipal 201
court and a housing or environmental division of a municipal 202
court have jurisdiction within its territory to perform all of 203
the following functions:
(1) To compel attendance of witnesses in any pending 205
action or proceeding in the same manner as the court of common 206
pleas; 207
(2) To issue executions on its own judgments; 209
(3) In any legal or equitable action or proceeding, to 211
enforce the collection of its own judgments; 212
(4) To issue and enforce any order of attachment; 214
(5) In any action or proceeding in the nature of 216
creditors' bills, and in aid of execution, to subject the 217
interest of a judgment debtor in personal property to the payment 218
of a judgment of the court; 219
(6) To issue and enforce temporary protection orders 221
pursuant to section 2919.26 of the Revised Code and anti-stalking 222
protection orders pursuant to section 2903.213 of the Revised 223
Code AND TO ENFORCE PROTECTION ORDERS ISSUED BY COURTS OF ANOTHER 224
STATE, AS DEFINED IN SECTION 2919.27 OF THE REVISED CODE. 225
(B) Subject to the limitation set forth in this division, 227
a municipal court or a housing or environmental division of a 228
municipal court has jurisdiction outside its territory in a 229
proceeding in aid of execution to subject to the payment of the 230
judgment the interest in personal property of a judgment debtor 231
under a judgment rendered by the court or division. The 232
jurisdiction provided in this division includes the county or 233
counties in which the territory of the court or division in 234
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question is situated and any county that is contiguous to that in 235
which the court or division is located. A court or division that 236
has jurisdiction under this division outside its territory in a 237
proceeding in aid of execution has the same powers, duties, and 238
functions relative to the proceeding that it has relative to 239
proceedings in aid of execution over which it has jurisdiction 240
other than under this division. 241
(C)(1) In any action for garnishment of personal earnings 243
brought in a municipal court, the court has jurisdiction to serve 244
process pursuant to section 2716.05 of the Revised Code upon a 245
garnishee who resides in a county contiguous to that in which the 246
court is located. 247
(2) In any action for garnishment of property, other than 249
personal earnings, brought in a municipal court under section 250
2716.11 of the Revised Code, the court has jurisdiction to serve 251
process pursuant to section 2716.13 of the Revised Code upon a 252
garnishee who resides in a county contiguous to that in which the 253
court is located. 254
(3) Whenever a motion for attachment is filed in a 256
municipal court under section 2715.03 of the Revised Code, the 257
court has jurisdiction to serve process pursuant to section 258
2715.091 of the Revised Code upon a garnishee who resides in a 259
county contiguous to that in which the court is located. 260
(D) The municipal court of Cleveland also has jurisdiction 262
in all actions and proceedings in the nature of creditors' bills, 263
and in aid of execution to subject the interests of a judgment 264
debtor in real or personal property to the payment of a judgment 265
of the court. In such actions and proceedings, the court may 266
proceed to marshal and foreclose all liens on the property 267
irrespective of the amount of the lien, and all vested or 268
contingent rights in the property. 269
Sec. 1905.01. (A) In all municipal corporations not being 278
the site of a municipal court nor a place where a judge of the 279
Auglaize county, Crawford county, Jackson county, Miami county, 280
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Portage county, or Wayne county municipal court sits as required 281
pursuant to section 1901.021 of the Revised Code or by 282
designation of the judges pursuant to section 1901.021 of the 283
Revised Code, the mayor of the municipal corporation has 284
jurisdiction, except as provided in divisions (B) and, (C), AND 286
(E) of this section and subject to the limitation contained in 287
section 1905.03 and the limitation contained in section 1905.031 288
of the Revised Code, to hear and determine any prosecution for 289
the violation of an ordinance of the municipal corporation, to 290
hear and determine any case involving a violation of a vehicle 291
parking or standing ordinance of the municipal corporation unless 292
the violation is required to be handled by a parking violations 293
bureau or joint parking violations bureau pursuant to Chapter 294
4521. of the Revised Code, and to hear and determine all criminal 295
causes involving any moving traffic violation occurring on a 296
state highway located within the boundaries of the municipal 297
corporation, subject to the limitations of sections 2937.08 and 298
2938.04 of the Revised Code. 299
(B)(1) In all municipal corporations not being the site of 301
a municipal court nor a place where a judge of a court listed in 302
division (A) of this section sits as required pursuant to section 303
1901.021 of the Revised Code or by designation of the judges 304
pursuant to section 1901.021 of the Revised Code, the mayor of 305
the municipal corporation has jurisdiction, subject to the 306
limitation contained in section 1905.03 of the Revised Code, to 307
hear and determine prosecutions involving a violation of an 308
ordinance of the municipal corporation relating to operating a 309
vehicle while under the influence of alcohol, a drug of abuse, or 310
alcohol and a drug of abuse or relating to operating a vehicle 311
with a prohibited concentration of alcohol in the blood, breath, 312
or urine, and to hear and determine criminal causes involving a 313
violation of section 4511.19 of the Revised Code that occur on a 314
state highway located within the boundaries of the municipal 315
corporation, subject to the limitations of sections 2937.08 and 316
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2938.04 of the Revised Code, only if the person charged with the 317
violation, within five SIX years of the date of the violation 318
charged, has not been convicted of or pleaded guilty to any of 319
the following: 320
(a) A violation of an ordinance of any municipal 322
corporation relating to operating a vehicle while under the 323
influence of alcohol, a drug of abuse, or alcohol and a drug of 324
abuse or relating to operating a vehicle with a prohibited 325
concentration of alcohol in the blood, breath, or urine; 326
(b) A violation of section 4511.19 of the Revised Code; 328
(c) A violation of any ordinance of any municipal 330
corporation or of any section of the Revised Code that regulates 331
the operation of vehicles, streetcars, and trackless trolleys 332
upon the highways or streets, in relation to which all of the 333
following apply: 334
(i) The person, in the case in which the conviction was 336
obtained or the plea of guilty was entered, had been charged with 337
a violation of an ordinance of any municipal corporation relating 338
to operating a vehicle while under the influence of alcohol, a 339
drug of abuse, or alcohol and a drug of abuse or relating to 340
operating a vehicle with a prohibited concentration of alcohol in 341
the blood, breath, or urine, or with a violation of section 342
4511.19 of the Revised Code; 343
(ii) The charge of the violation described in division 345
(B)(1)(c)(i) of this section was dismissed or reduced; 346
(iii) The violation of which the person was convicted or 348
to which the person pleaded guilty arose out of the same facts 350
and circumstances and the same act as did the charge that was
dismissed or reduced. 351
(d) A violation of a statute of any other state or a 353
municipal ordinance of a municipal corporation located in any 354
other state that is substantially similar to section 4511.19 of 355
the Revised Code.
(2) The mayor of a municipal corporation does not have 357
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jurisdiction to hear and determine any prosecution or criminal 358
cause involving a violation described in division (B)(1)(a) or 359
(b) of this section, regardless of where the violation occurred, 360
if the person charged with the violation, within five SIX years 361
of the violation charged, has been convicted of or pleaded guilty 363
to any violation listed in division (B)(1)(a), (b), (c), or (d) 365
of this section.
If the mayor of a municipal corporation, in hearing a 367
prosecution involving a violation of an ordinance of the 368
municipal corporation the mayor serves relating to operating a 370
vehicle while under the influence of alcohol, a drug of abuse, or
alcohol and a drug of abuse or relating to operating a vehicle 371
with a prohibited concentration of alcohol in the blood, breath, 372
or urine, or in hearing a criminal cause involving a violation of 373
section 4511.19 of the Revised Code, determines that the person 374
charged, within five SIX years of the violation charged, has been 376
convicted of or pleaded guilty to any violation listed in 377
division (B)(1)(a), (b), (c), or (d) of this section, the mayor 379
immediately shall transfer the case to the county court or 380
municipal court with jurisdiction over the violation charged, in 381
accordance with section 1905.032 of the Revised Code. 382
(C)(1) In all municipal corporations not being the site of 384
a municipal court and not being a place where a judge of a court 385
listed in division (A) of this section sits as required pursuant 386
to section 1901.021 of the Revised Code or by designation of the 387
judges pursuant to section 1901.021 of the Revised Code, the 388
mayor of the municipal corporation, subject to sections 1901.031, 389
2937.08, and 2938.04 of the Revised Code, has jurisdiction to 390
hear and determine prosecutions involving a violation of a 391
municipal ordinance that is substantially equivalent to division 392
(B)(1) or (D)(2) of section 4507.02 of the Revised Code and to 393
hear and determine criminal causes that involve a moving traffic 394
violation, that involve a violation of division (B)(1) or (D)(2) 395
of section 4507.02 of the Revised Code, and that occur on a state 396
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highway located within the boundaries of the municipal 397
corporation only if all of the following apply regarding the 398
violation and the person charged: 399
(a) Regarding a violation of division (B)(1) of section 401
4507.02 of the Revised Code or a violation of a municipal 402
ordinance that is substantially equivalent to that division, the 403
person charged with the violation, within five years of the date 404
of the violation charged, has not been convicted of or pleaded 405
guilty to any of the following: 406
(i) A violation of division (B)(1) of section 4507.02 of 408
the Revised Code; 409
(ii) A violation of a municipal ordinance that is 411
substantially equivalent to division (B)(1) of section 4507.02 of 412
the Revised Code; 413
(iii) A violation of any municipal ordinance or section of 415
the Revised Code that regulates the operation of vehicles, 416
streetcars, and trackless trolleys upon the highways or streets, 417
in a case in which, after a charge against the person of a 418
violation of a type described in division (C)(1)(a)(i) or (ii) of 419
this section was dismissed or reduced, the person is convicted of 420
or pleads guilty to a violation that arose out of the same facts 421
and circumstances and the same act as did the charge that was 422
dismissed or reduced. 423
(b) Regarding a violation of division (D)(2) of section 425
4507.02 of the Revised Code or a violation of a municipal 426
ordinance that is substantially equivalent to that division, the 427
person charged with the violation, within five years of the date 428
of the violation charged, has not been convicted of or pleaded 429
guilty to any of the following: 430
(i) A violation of division (D)(2) of section 4507.02 of 432
the Revised Code; 433
(ii) A violation of a municipal ordinance that is 435
substantially equivalent to division (D)(2) of section 4507.02 of 436
the Revised Code; 437
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(iii) A violation of any municipal ordinance or section of 439
the Revised Code that regulates the operation of vehicles, 440
streetcars, and trackless trolleys upon the highways or streets 441
in a case in which, after a charge against the person of a 442
violation of a type described in division (C)(1)(b)(i) or (ii) of 443
this section was dismissed or reduced, the person is convicted of 444
or pleads guilty to a violation that arose out of the same facts 445
and circumstances and the same act as did the charge that was 446
dismissed or reduced. 447
(2) The mayor of a municipal corporation does not have 449
jurisdiction to hear and determine any prosecution or criminal 450
cause involving a violation described in division (C)(1)(a)(i) or 451
(ii) of this section if the person charged with the violation, 452
within five years of the violation charged, has been convicted of 453
or pleaded guilty to any violation listed in division 454
(C)(1)(a)(i), (ii), or (iii) of this section and does not have 455
jurisdiction to hear and determine any prosecution or criminal 456
cause involving a violation described in division (C)(1)(b)(i) or 457
(ii) of this section if the person charged with the violation, 458
within five years of the violation charged, has been convicted of 459
or pleaded guilty to any violation listed in division 460
(C)(1)(b)(i), (ii), or (iii) of this section. 461
(3) If the mayor of a municipal corporation, in hearing a 463
prosecution involving a violation of an ordinance of the 464
municipal corporation the mayor serves that is substantially 465
equivalent to division (B)(1) or (D)(2) of section 4507.02 of the 467
Revised Code or a violation of division (B)(1) or (D)(2) of 468
section 4507.02 of the Revised Code, determines that, under 469
division (C)(2) of this section, mayors do not have jurisdiction 470
of the prosecution, the mayor immediately shall transfer the case 471
to the county court or municipal court with jurisdiction over the 472
violation in accordance with section 1905.032 of the Revised 473
Code.
(D) If the mayor of a municipal corporation has 475
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jurisdiction pursuant to division (B)(1) of this section to hear 476
and determine a prosecution or criminal cause involving a 477
violation described in division (B)(1)(a) or (b) of this section, 478
the authority of the mayor to hear or determine the prosecution 479
or cause is subject to the limitation contained in division (C) 480
of section 1905.03 of the Revised Code. If the mayor of a 481
municipal corporation has jurisdiction pursuant to division (A) 482
or (C) of this section to hear and determine a prosecution or 483
criminal cause involving a violation other than a violation 484
described in division (B)(1)(a) or (b) of this section, the 485
authority of the mayor to hear or determine the prosecution or 486
cause is subject to the limitation contained in division (C) of 488
section 1905.031 of the Revised Code.
(E)(1) THE MAYOR OF A MUNICIPAL CORPORATION DOES NOT HAVE 490
JURISDICTION TO HEAR AND DETERMINE ANY PROSECUTION OR CRIMINAL 491
CAUSE INVOLVING ANY OF THE FOLLOWING: 492
(a) A VIOLATION OF SECTION 2919.25 OR 2919.27 OF THE 494
REVISED CODE;
(b) A VIOLATION OF SECTION 2903.11, 2903.12, 2903.13, 496
2903.211, OR 2911.211 OF THE REVISED CODE THAT INVOLVES A PERSON 497
WHO WAS A FAMILY OR HOUSEHOLD MEMBER OF THE DEFENDANT AT THE TIME 498
OF THE VIOLATION;
(c) A VIOLATION OF A MUNICIPAL ORDINANCE THAT IS 500
SUBSTANTIALLY EQUIVALENT TO AN OFFENSE DESCRIBED IN DIVISION 501
(E)(1)(a) OR (b) OF THIS SECTION AND THAT INVOLVES A PERSON WHO 502
WAS A FAMILY OR HOUSEHOLD MEMBER OF THE DEFENDANT AT THE TIME OF 503
THE VIOLATION.
(2) THE MAYOR OF A MUNICIPAL CORPORATION DOES NOT HAVE 505
JURISDICTION TO HEAR AND DETERMINE A MOTION FILED PURSUANT TO 506
SECTION 2919.26 OF THE REVISED CODE OR FILED PURSUANT TO A 507
MUNICIPAL ORDINANCE THAT IS SUBSTANTIALLY EQUIVALENT TO THAT 508
SECTION OR TO ISSUE A PROTECTION ORDER PURSUANT TO THAT SECTION 509
OR A SUBSTANTIALLY EQUIVALENT MUNICIPAL ORDINANCE. 510
(3) AS USED IN THIS SECTION, "FAMILY OR HOUSEHOLD MEMBER" 512
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HAS THE SAME MEANING AS IN SECTION 2919.25 OF THE REVISED CODE. 513
(F) In keeping a docket and files, the mayor, and a 515
mayor's court magistrate appointed under section 1905.05 of the 516
Revised Code, shall be governed by the laws pertaining to county 517
courts. 518
Sec. 1907.18. (A) County court judges, within and 527
coextensive with their respective counties, have jurisdiction and 528
authority to: 529
(1) Administer an oath authorized or required by law to be 531
administered; 532
(2) Take acknowledgments of instruments of writing; 534
(3) Issue subpoenas to compel the attendance of witnesses 536
to give evidence in causes or matters pending before the judges, 537
or for the purpose of taking depositions or perpetuating 538
testimony; 539
(4) Proceed against sheriffs, deputy sheriffs, and 541
constables failing to make return, making false return, or 542
failing to pay over money collected on execution issued by the 543
judges; 544
(5) Try actions against other county court judges for 546
refusing or neglecting to pay over moneys collected in their 547
official capacity when the amount claimed does not exceed five 548
hundred dollars. This division does not deny or impair any 549
remedy provided by law in such a case by suit on the official 550
bond of such a county court judge, or by amercement or otherwise, 551
for neglect or failure to pay over money so collected. 552
(6) Hear actions concerning the issuance and enforcement 554
of, issue, and enforce temporary protection orders pursuant to 555
section 2919.26 of the Revised Code and anti-stalking protection 556
orders pursuant to section 2903.213 of the Revised Code; 557
(7) HEAR ACTIONS CONCERNING THE ENFORCEMENT OF PROTECTION 559
ORDERS ISSUED BY COURTS OF ANOTHER STATE, AS DEFINED IN SECTION 560
2919.27 OF THE REVISED CODE, AND TO ENFORCE THOSE PROTECTION 561
ORDERS.
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(B) County court judges may punish contempts, and exercise 563
powers necessary to give effect to the jurisdiction of the court 564
and to enforce its judgments, orders, and decrees, as provided in 565
this chapter or, in the absence of a provision in this chapter, 566
in a manner authorized by the Revised Code or common law for the 567
judges of the courts of common pleas. 568
(C) County court judges have jurisdiction and authority to 570
perform marriage ceremonies anywhere in the state. 571
Sec. 2919.25. (A) No person shall knowingly cause or 580
attempt to cause physical harm to a family or household member. 581
(B) No person shall recklessly cause serious physical harm 583
to a family or household member. 584
(C) No person, by threat of force, shall knowingly cause a 586
family or household member to believe that the offender will 587
cause imminent physical harm to the family or household member. 588
(D) Whoever violates this section is guilty of domestic 590
violence. A violation of division (C) of this section is a 591
misdemeanor of the fourth degree. A violation of division (A) or 592
(B) of this section is a misdemeanor of the first degree. If the 593
offender previously has been convicted of domestic violence or a 594
violation of section 2903.11, 2903.12, 2903.13, 2903.211, or 595
2911.211 of the Revised Code involving a person who was a family 596
or household member at the time of the violation, a violation of 597
division (A) or (B) of this section is a felony of the fifth 599
degree and a violation of division (C) of this section is a
misdemeanor of the third degree. 600
(E) As used in this section and sections 2919.251 and 602
2919.26 of the Revised Code: 603
(1) "Family or household member" means any of the 605
following: 606
(a) Any of the following who is residing or has resided 608
with the offender:
(i) A spouse, a person living as a spouse, or a former 610
spouse of the offender; 611
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(ii) A parent or a child of the offender, or another 613
person related by consanguinity or affinity to the offender; 614
(iii) A parent or a child of a spouse, person living as a 616
spouse, or former spouse of the offender, or another person 617
related by consanguinity or affinity to a spouse, person living 618
as a spouse, or former spouse of the offender. 619
(b) The natural parent of any child of whom the offender 621
is, OR IS ALLEGED TO BE, the other natural parent. 624
(2) "Person living as a spouse" means a person who is 626
living or has lived with the offender in a common law marital 627
relationship, who otherwise is cohabiting with the offender, or 628
who otherwise has cohabited with the offender within one year 629
FIVE YEARS prior to the date of the alleged commission of the act 631
in question.
Sec. 2919.26. (A)(1) Upon the filing of a complaint that 640
alleges a violation of section 2919.25 of the Revised Code, a 641
violation of a municipal ordinance substantially similar to that 642
section, a violation of section 2903.11, 2903.12, 2903.13, 643
2903.211, or 2911.211 of the Revised Code that involves a person 644
who was a family or household member at the time of the 645
violation, or a violation of a municipal ordinance that is 646
substantially similar to section 2903.13, 2903.211, or 2911.211 647
of the Revised Code that involves a person who was a family or 648
household member at the time of the violation, the complainant
may file, or, if in an emergency the complainant is unable to 649
file, a person who made an arrest for the alleged violation under 650
section 2935.03 of the Revised Code may file on behalf of the 651
complainant, a motion that requests the issuance of a temporary 652
protection order as a pretrial condition of release of the 653
alleged offender, in addition to any bail set under Criminal Rule 654
46. The motion shall be filed with the clerk of the court that 655
has jurisdiction of the case at any time after the filing of the 656
complaint. 657
(2) For purposes of section 2930.09 of the Revised Code, 659
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all stages of a proceeding arising out of a violation specified 660
in division (A)(1) of this section, including all proceedings on 661
a motion for a temporary protection order, are critical stages of 662
the case, and a complainant may be accompanied by a victim 663
advocate or another person to provide support to the victim as
provided in that section. 664
(B) The motion shall be prepared on a form that is 666
provided by the clerk of the court, which form shall be 667
substantially as follows: 668
"MOTION FOR TEMPORARY PROTECTION ORDER 669
.......................... Court 670
Name and address of court 671
State of Ohio 673
v. 675
No. .............
................. 677
Name of Defendant 679
(name of person), the complainant in the above-captioned case, 681
moves the court to issue a temporary protection order containing 682
terms designed to ensure the safety and protection of the 683
complainant and other family or household members, in relation to 684
the named defendant, pursuant to its authority to issue such an 685
order under section 2919.26 of the Revised Code. 686
A complaint, a copy of which has been attached to this 688
motion, has been filed in this court charging the named defendant 689
with at least one of the following violations of section 2919.25 690
of the Revised Code that constitutes "domestic violence" or a 691
municipal ordinance that is substantially similar to that 692
section: knowingly causing or attempting to cause physical harm 693
to a family or household member; recklessly causing serious 694
physical harm to a family or household member; or, by threat of 695
force, knowingly causing a family or household member to believe 696
that he THE NAMED DEFENDANT would cause imminent physical harm to 697
that family or household member; charging the named defendant 698
17
with felonious assault, aggravated assault, or assault that 699
involved a family or household member in violation of section 700
2903.11, 2903.12, or 2903.13 of the Revised Code; charging the 702
named defendant with menacing by stalking or aggravated trespass 703
that involves a family or household member in violation of
section 2903.211 or 2911.211 of the Revised Code; or charging the 704
named defendant with a violation of a municipal ordinance that is 705
substantially similar to section 2903.13, 2903.211, or 2911.211 706
of the Revised Code that involves a family or household member. 707
I understand that I must appear before the court, at a time 709
set by the court within twenty-four hours after the filing of 710
this motion, for a hearing on the motion or that, if I am unable 711
to appear because of hospitalization or a medical condition 712
resulting from the offense alleged in the complaint, a person who 713
can provide information about my need for a temporary protection 714
order must appear before the court in lieu of my appearing in 715
court. I understand that any temporary protection order granted 716
pursuant to this motion is a pretrial condition of release and is 717
effective only until the disposition of the criminal proceeding 718
arising out of the attached complaint, or the issuance of a civil 719
protection order or the approval of a consent agreement, arising 720
out of the same activities as those that were the basis of the 721
complaint, under section 3113.31 of the Revised Code. 722
.......................................... 724
Signature of complainant 726
(or signature of the arresting officer who filed the motion on 728
behalf of the complainant) 729
.......................................... 731
Address of complainant (or office address of the arresting 733
officer who filed the motion on behalf of the complainant)" 734
(C)(1) As soon as possible after the filing of a motion 736
that requests the issuance of a temporary protection order, but 737
not later than twenty-four hours after the filing of the motion, 738
the court shall conduct a hearing to determine whether to issue 739
18
the order. The person who requested the order shall appear 740
before the court and provide the court with the information that 741
it requests concerning the basis of the motion. If the person 742
who requested the order is unable to appear and if the court 743
finds that the failure to appear is because of the person's 745
hospitalization or medical condition resulting from the offense 746
alleged in the complaint, another person who is able to provide
the court with the information it requests may appear in lieu of 747
the person who requested the order. If the court finds that the 748
safety and protection of the complainant or ANY other family or 751
household member of the alleged offender may be impaired by the 752
continued presence of the alleged offender, the court may issue a 753
temporary protection order, as a pretrial condition of release, 754
that contains terms designed to ensure the safety and protection 755
of the complainant or THE family or household member, including a 756
requirement that the alleged offender refrain from entering the 757
residence, school, business, or place of employment of the 758
complainant or THE family or household member.
(2)(a) IF THE COURT ISSUES A TEMPORARY PROTECTION ORDER 760
THAT INCLUDES A REQUIREMENT THAT THE ALLEGED OFFENDER REFRAIN 761
FROM ENTERING THE RESIDENCE, SCHOOL, BUSINESS, OR PLACE OF 762
EMPLOYMENT OF THE COMPLAINANT OR THE FAMILY OR HOUSEHOLD MEMBER, 763
THE ORDER SHALL STATE CLEARLY THAT THE ORDER CANNOT BE WAIVED OR 764
NULLIFIED BY AN INVITATION TO THE ALLEGED OFFENDER FROM THE 765
COMPLAINANT OR FAMILY OR HOUSEHOLD MEMBER TO ENTER THE RESIDENCE, 767
SCHOOL, BUSINESS, OR PLACE OF EMPLOYMENT OR BY THE ALLEGED 768
OFFENDER'S ENTRY INTO ONE OF THOSE PLACES OTHERWISE UPON THE 769
CONSENT OF THE COMPLAINANT OR FAMILY OR HOUSEHOLD MEMBER.
(b) DIVISION (C)(2)(a) OF THIS SECTION DOES NOT LIMIT ANY 772
DISCRETION OF A COURT TO DETERMINE THAT AN ALLEGED OFFENDER 773
CHARGED WITH A VIOLATION OF SECTION 2919.27 OF THE REVISED CODE, 774
WITH A VIOLATION OF A MUNICIPAL ORDINANCE SUBSTANTIALLY 775
EQUIVALENT TO THAT SECTION, OR WITH CONTEMPT OF COURT, WHICH 776
CHARGE IS BASED ON AN ALLEGED VIOLATION OF A TEMPORARY PROTECTION 777
19
ORDER ISSUED UNDER THIS SECTION, DID NOT COMMIT THE VIOLATION OR 778
WAS NOT IN CONTEMPT OF COURT. 779
(D)(1) Upon the filing of a complaint that alleges a 781
violation of section 2919.25 of the Revised Code, a violation of 782
a municipal ordinance that is substantially similar to that 783
section, a violation of section 2903.11, 2903.12, 2903.13, 784
2903.211, or 2911.211 of the Revised Code that involves a person 785
who was a family or household member at the time of the 786
violation, or a violation of a municipal ordinance that is 787
substantially similar to section 2903.13, 2903.211, or 2911.211
of the Revised Code that involves a person who was a family or 788
household member at the time of the violation, the court, upon 789
its own motion, may issue a temporary protection order as a 790
pretrial condition of release if it finds that the safety and 791
protection of the complainant or other family or household member 792
of the alleged offender may be impaired by the continued presence 793
of the alleged offender. 794
(2) If the court issues a temporary protection order under 796
this section as an ex parte order, it shall conduct, as soon as 797
possible after the issuance of the order, a hearing in the 798
presence of the alleged offender not later than the next day on 799
which the court is scheduled to conduct business after the day on 800
which the alleged offender was arrested or at the time of the 801
appearance of the alleged offender pursuant to summons to 802
determine whether the order should remain in effect, be modified,
or be revoked. The hearing shall be conducted under the 803
standards set forth in division (C) of this section. 804
(3) An order issued under this division shall contain only 806
those terms authorized in orders issued under division (C) of 807
this section. 808
(E) A temporary protection order that is issued as a 810
pretrial condition of release under this section: 811
(1) Is in addition to, but shall not be construed as a 813
part of, any bail set under Criminal Rule 46; 814
20
(2) Is effective only until the disposition of the 816
criminal proceeding arising out of the complaint upon which it is 817
based, or the issuance of a protection order or the approval of a 818
consent agreement, arising out of the same activities as those 819
that were the basis of the complaint, under section 3113.31 of 820
the Revised Code; 821
(3) Shall not be construed as a finding that the alleged 823
offender committed the alleged offense, and shall not be 824
introduced as evidence of the commission of the offense at the 825
trial of the alleged offender on the complaint upon which the 826
order is based. 827
(F) A person who meets the criteria for bail under 829
Criminal Rule 46 and who, if required to do so pursuant to that 830
rule, executes or posts bond or deposits cash or securities as 831
bail, shall not be held in custody pending a hearing before the 832
court on a motion requesting a temporary protection order. 833
(G)(1) A copy of any temporary protection order that is 835
issued under this section shall be issued by the court to the 836
complainant, to the defendant, and to all law enforcement 837
agencies that have jurisdiction to enforce the order. The court 838
shall direct that a copy of the order be delivered to the 839
defendant on the same day that the order is entered. 840
(2) All law enforcement agencies shall establish and 842
maintain an index for the temporary protection orders delivered 843
to the agencies pursuant to division (G)(1) of this section. With 845
respect to each order delivered, each agency shall note on the 846
index, the date and time of the receipt of the order by the
agency. 847
(3) A complainant who obtains a temporary protection order 850
under this section may provide notice of the issuance of the 851
temporary protection order to the judicial and law enforcement 852
officials in any county other than the county in which the order 853
is issued by registering that order in the other county in 854
accordance with division (N) of section 3113.31 of the Revised 855
21
Code and filing a copy of the registered protection order with a 856
law enforcement agency in the other county in accordance with 857
that division.
(4) Any officer of a law enforcement agency shall enforce 859
a temporary protection order issued by any court in this state in 860
accordance with the provisions of the order, including removing 862
the defendant from the premises, regardless of whether the order 863
is registered in the county in which the officer's agency has 864
jurisdiction as authorized by division (G)(3) of this section.
(H) Upon a violation of a temporary protection order, the 866
court may issue another temporary protection order, as a pretrial 867
condition of release, that modifies the terms of the order that 868
was violated. 869
(I)(1) As used in divisions (I)(1) and (2) of this 872
section, "defendant" means a person who is alleged in a complaint 873
to have committed a violation of the type described in division 874
(A) of this section.
(2) If a complaint is filed that alleges that a person 876
committed a violation of the type described in division (A) of 878
this section, the court may not issue a temporary protection 879
order under this section that requires the complainant or another 880
family or household member of the defendant to do or refrain from 881
doing an act that the court may require the defendant to do or 882
refrain from doing under a temporary protection order unless both 883
of the following apply:
(a) The defendant has filed a separate complaint that 886
alleges that the complainant or other family or household member 887
in question who would be required under the order to do or 888
refrain from doing the act committed a violation of the type 889
described in division (A) of this section.
(b) The court determines that both the complainant or 892
other family or household member in question who would be 893
required under the order to do or refrain from doing the act and 894
the defendant acted primarily as aggressors, that neither the 895
22
complainant or other family or household member in question who 896
would be required under the order to do or refrain from doing the 897
act nor the defendant acted primarily in self-defense, and, in 898
accordance with the standards and criteria of this section as
applied in relation to the separate complaint filed by the 899
defendant, that it should issue the order to require the 900
complainant or other family or household member in question to do 901
or refrain from doing the act. 902
(J) Notwithstanding any provision of law to the contrary, 905
no court shall charge a fee for the filing of a motion pursuant 906
to this section.
(K) As used in this section, "victim advocate" means a 909
person who provides support and assistance for a victim of an 910
offense during court proceedings.
Sec. 2919.27. (A) No person shall recklessly violate any 920
THE terms of a ANY OF THE FOLLOWING: 921
(1) A protection order issued or consent agreement 923
approved pursuant to section 2919.26 or 3113.31 of the Revised 924
Code or the terms of an; 925
(2) AN anti-stalking protection order issued pursuant to 927
section 2903.213 of the Revised Code; 928
(3) A PROTECTION ORDER ISSUED BY A COURT OF ANOTHER STATE. 930
(B) Whoever violates this section is guilty of violating a 932
protection order or consent agreement or anti-stalking protection 934
order.
(1) If the offense involves a violation of a protection 937
order or consent agreement DIVISION (A)(1) OR (3) OF THIS 938
SECTION, one of the following applies: 939
(a) Except as otherwise provided in division (B)(1)(b) of 942
this section, violating a protection order or consent agreement 943
or anti-stalking protection order is a misdemeanor of the first 944
degree.
(b) If the offender previously has been convicted of or 947
pleaded guilty to two or more violations of section 2903.211 or 948
23
2911.211 of the Revised Code that involve INVOLVED the same
person who is the subject of the protection order or consent 950
agreement or previously has been convicted of or pleaded guilty 952
to one or more violations of this section, violating a protection 953
order or consent agreement or anti-stalking protection order is a 954
felony of the fifth degree.
(2) If the offense involves a violation of an 956
anti-stalking protection order DIVISION (A)(2) OF THIS SECTION, 957
one of the following applies: 958
(a) Except as otherwise provided in division (B)(2)(b) of 961
this section, violating a protection order or consent agreement 962
or anti-stalking protection order is a misdemeanor of the first 963
degree.
(b) If the offender previously has been convicted of or 965
pleaded guilty to two or more violations of this section OR OF 966
FORMER SECTION 2919.27 OF THE REVISED CODE involving an 967
anti-stalking protection order, two or more violations of section 968
2903.21, 2903.211, 2903.22, or 2911.211 of the Revised Code that 969
involve INVOLVED the same person who is the subject of the 971
anti-stalking protection order, or two or more violations of 972
section 2903.214 of the Revised Code as it existed prior to the 973
effective date of this amendment JULY 1, 1996, violating a 975
protection order or consent agreement or anti-stalking protection 976
order is a felony of the fifth degree.
(C) IT IS AN AFFIRMATIVE DEFENSE TO A CHARGE UNDER 979
DIVISION (A)(3) OF THIS SECTION THAT THE PROTECTION ORDER ISSUED 980
BY A COURT OF ANOTHER STATE DOES NOT COMPLY WITH THE REQUIREMENTS 981
SPECIFIED IN 18 U.S.C. 2265(b) FOR A PROTECTION ORDER THAT MUST 983
BE ACCORDED FULL FAITH AND CREDIT BY A COURT OF THIS STATE OR 984
THAT IT IS NOT ENTITLED TO FULL FAITH AND CREDIT UNDER 18 U.S.C. 986
2265(c).
(D) AS USED IN THIS SECTION, "PROTECTION ORDER ISSUED BY A 989
COURT OF ANOTHER STATE" MEANS AN INJUNCTION OR ANOTHER ORDER 990
ISSUED BY A CRIMINAL COURT OF ANOTHER STATE FOR THE PURPOSE OF 991
24
PREVENTING VIOLENT OR THREATENING ACTS OR HARASSMENT AGAINST, 992
CONTACT OR COMMUNICATION WITH, OR PHYSICAL PROXIMITY TO ANOTHER 993
PERSON, INCLUDING A TEMPORARY ORDER, AND MEANS AN INJUNCTION OR 994
ORDER OF THAT NATURE ISSUED BY A CIVIL COURT OF ANOTHER STATE, 995
INCLUDING A TEMPORARY ORDER AND A FINAL ORDER ISSUED IN AN 996
INDEPENDENT ACTION OR AS A PENDENTE LITE ORDER IN A PROCEEDING
FOR OTHER RELIEF, IF THE COURT ISSUED IT IN RESPONSE TO A 998
COMPLAINT, PETITION, OR MOTION FILED BY OR ON BEHALF OF A PERSON 999
SEEKING PROTECTION. "PROTECTION ORDER ISSUED BY A COURT OF 1,000
ANOTHER STATE" DOES NOT INCLUDE AN ORDER FOR SUPPORT OR FOR 1,001
CUSTODY OF A CHILD.
Sec. 2919.271. (A)(1) If a defendant is charged with a 1,010
violation of section 2919.27 of the Revised Code or of a 1,011
municipal ordinance that is substantially similar to that 1,012
section, the court may order an evaluation of the mental 1,013
condition of the defendant if the court determines that either of 1,014
the following criteria apply: 1,015
(a) If the alleged violation is a violation of a 1,017
protection order issued or consent agreement approved pursuant to 1,018
section 2919.26 or 3113.31 of the Revised Code, that the 1,019
violation of the protection order or consent agreement allegedly 1,020
involves conduct by the defendant that caused physical harm to 1,021
the person or property of a family or household member covered by 1,022
the order or agreement, or conduct by the defendant that caused a 1,023
family or household member to believe that the defendant would 1,024
cause physical harm to that member or that member's property. 1,025
(b) If the alleged violation is a violation of an 1,027
anti-stalking protection order issued pursuant to section 1,028
2903.213 of the Revised Code OR A PROTECTION ORDER ISSUED BY A 1,029
COURT OF ANOTHER STATE, that the violation of the anti-stalking 1,030
protection order allegedly involves conduct by the defendant that 1,031
caused physical harm to the person or property of the person 1,032
covered by the order, or conduct by the defendant that caused the 1,033
person covered by the order to believe that the defendant would 1,034
25
cause physical harm to that person or that person's property.
(2) The evaluation shall be completed no later than thirty 1,036
days from the date the order is entered pursuant to division 1,037
(A)(1) of this section. In that order, the court shall do either 1,038
of the following: 1,039
(a) Order that the evaluation of the mental condition of 1,041
the defendant be preceded by an examination conducted either by a 1,042
forensic center that is designated by the department of mental 1,043
health to conduct examinations and make evaluations of defendants 1,044
charged with violations of section 2919.27 of the Revised Code or 1,045
of substantially similar municipal ordinances in the area in 1,046
which the court is located, or by any other program or facility 1,047
that is designated by the department of mental health or the 1,048
department of mental retardation and developmental disabilities 1,049
to conduct examinations and make evaluations of defendants 1,050
charged with violations of section 2919.27 of the Revised Code or 1,051
of substantially similar municipal ordinances, and that is 1,052
operated by either department or is certified by either 1,053
department as being in compliance with the standards established 1,054
under division (J) of section 5119.01 of the Revised Code or 1,055
division (C) of section 5123.04 of the Revised Code. 1,056
(b) Designate a center, program, or facility other than 1,058
one designated by the department of mental health or the 1,059
department of mental retardation and developmental disabilities, 1,060
as described in division (A)(2)(a) of this section, to conduct 1,062
the evaluation and preceding examination of the mental condition 1,063
of the defendant.
Whether the court acts pursuant to division (A)(2)(a) or 1,065
(b) of this section, the court may designate examiners other than 1,066
the personnel of the center, program, facility, or department 1,067
involved to make the evaluation and preceding examination of the 1,068
mental condition of the defendant. 1,069
(B) If the court considers that additional evaluations of 1,071
the mental condition of a defendant are necessary following the 1,072
26
evaluation authorized by division (A) of this section, the court 1,073
may order up to two additional similar evaluations. These 1,074
evaluations shall be completed no later than thirty days from the 1,075
date the applicable court order is entered. If more than one 1,076
evaluation of the mental condition of the defendant is ordered 1,077
under this division, the prosecutor and the defendant may 1,078
recommend to the court an examiner whom each prefers to perform 1,079
one of the evaluations and preceding examinations. 1,080
(C)(1) The court may order a defendant who has been 1,082
released on bail to submit to an examination under division (A) 1,083
or (B) of this section. The examination shall be conducted 1,084
either at the detention facility in which the defendant would 1,085
have been confined if the defendant had not been released on 1,086
bail, or, if so specified by the center, program, facility, or 1,087
examiners involved, at the premises of the center, program, or 1,088
facility. Additionally, the examination shall be conducted at 1,089
the times established by the examiners involved. If such a 1,090
defendant refuses to submit to an examination or a complete 1,091
examination as required by the court or the center, program, 1,092
facility, or examiners involved, the court may amend the 1,093
conditions of the bail of the defendant and order the sheriff to 1,094
take the defendant into custody and deliver the defendant to the 1,095
detention facility in which the defendant would have been 1,096
confined if the defendant had not been released on bail, or, if 1,098
so specified by the center, program, facility, or examiners
involved, to the premises of the center, program, or facility, 1,099
for purposes of the examination. 1,100
(2) A defendant who has not been released on bail shall be 1,102
examined at the detention facility in which the defendant is 1,103
confined or, if so specified by the center, program, facility, or 1,105
examiners involved, at the premises of the center, program, or 1,106
facility.
(D) The examiner of the mental condition of a defendant 1,108
under division (A) or (B) of this section shall file a written 1,109
27
report with the court within thirty days after the entry of an 1,110
order for the evaluation of the mental condition of the 1,111
defendant. The report shall contain the findings of the 1,112
examiner; the facts in reasonable detail on which the findings 1,113
are based; the opinion of the examiner as to the mental condition 1,114
of the defendant; the opinion of the examiner as to whether the 1,115
defendant represents a substantial risk of physical harm to other 1,116
persons as manifested by evidence of recent homicidal or other 1,117
violent behavior, evidence of recent threats that placed other 1,118
persons in reasonable fear of violent behavior and serious 1,119
physical harm, or evidence of present dangerousness; and the 1,120
opinion of the examiner as to the types of treatment or 1,121
counseling that the defendant needs. The court shall provide 1,122
copies of the report to the prosecutor and defense counsel. 1,123
(E) The costs of any evaluation and preceding examination 1,125
of a defendant that is ordered pursuant to division (A) or (B) of 1,126
this section shall be taxed as court costs in the criminal case. 1,127
(F) If the examiner considers it necessary in order to 1,129
make an accurate evaluation of the mental condition of a 1,130
defendant, an examiner under division (A) or (B) of this section 1,131
may request any family or household member of the defendant to 1,132
provide the examiner with information. A family or household 1,133
member may, but is not required to, provide information to the 1,134
examiner upon receipt of the request. 1,135
(G) As used in this section: 1,137
(1) "Bail" includes a recognizance. 1,139
(2) "Examiner" means a psychiatrist, a licensed 1,141
independent social worker who is employed by a forensic center 1,143
that is certified as being in compliance with the standards 1,144
established under division (J) of section 5119.01 or division (C) 1,145
of section 5123.04 of the Revised Code, a licensed professional 1,146
clinical counselor who is employed at a forensic center that is 1,147
certified as being in compliance with such standards, or a 1,148
licensed clinical psychologist, except that in order to be an 1,149
28
examiner, a licensed clinical psychologist shall meet the 1,150
criteria of division (I)(1) of section 5122.01 of the Revised 1,151
Code or be employed to conduct examinations by the department of 1,152
mental health or by a forensic center certified as being in 1,153
compliance with the standards established under division (J) of 1,154
section 5119.01 or division (C) of section 5123.04 of the Revised 1,155
Code that is designated by the department of mental health. 1,156
(3) "Family or household member" has the same meaning as 1,158
in section 2919.25 of the Revised Code. 1,159
(4) "Prosecutor" has the same meaning as in section 1,161
2935.01 of the Revised Code. 1,162
(5) "Psychiatrist" and "licensed clinical psychologist" 1,165
have the same meanings as in section 5122.01 of the Revised Code. 1,166
(6) "PROTECTION ORDER ISSUED BY A COURT OF ANOTHER STATE" 1,168
HAS THE SAME MEANING AS IN SECTION 2919.27 OF THE REVISED CODE. 1,169
Sec. 2919.272. (A) AS USED IN THIS SECTION, "PROTECTION 1,171
ORDER ISSUED BY A COURT OF ANOTHER STATE" HAS THE SAME MEANING AS 1,172
IN SECTION 2919.27 OF THE REVISED CODE. 1,173
(B) A PERSON WHO HAS OBTAINED A PROTECTION ORDER ISSUED BY 1,175
A COURT OF ANOTHER STATE MAY PROVIDE NOTICE OF THE ISSUANCE OF 1,176
THE ORDER TO JUDICIAL AND LAW ENFORCEMENT OFFICIALS IN ANY COUNTY 1,177
OF THIS STATE BY REGISTERING THE ORDER IN THAT COUNTY AND FILING 1,178
A COPY OF THE REGISTERED ORDER WITH A LAW ENFORCEMENT AGENCY IN 1,179
THAT COUNTY. TO REGISTER THE ORDER, THE PERSON SHALL OBTAIN A 1,180
CERTIFIED COPY OF THE ORDER FROM THE CLERK OF THE COURT THAT 1,181
ISSUED THE ORDER AND PRESENT THAT CERTIFIED COPY TO THE CLERK OF 1,182
THE COURT OF COMMON PLEAS OR THE CLERK OF A MUNICIPAL COURT OR 1,183
COUNTY COURT IN THE COUNTY IN WHICH THE ORDER IS TO BE 1,184
REGISTERED. UPON ACCEPTING THE CERTIFIED COPY OF THE ORDER FOR 1,185
REGISTRATION, THE CLERK SHALL PLACE AN ENDORSEMENT OF 1,186
REGISTRATION ON THE ORDER AND GIVE THE PERSON A COPY OF THE ORDER 1,187
THAT BEARS PROOF OF REGISTRATION. THE PERSON THEN MAY FILE WITH 1,188
A LAW ENFORCEMENT AGENCY IN THAT COUNTY A COPY OF THE ORDER THAT 1,189
BEARS PROOF OF REGISTRATION. 1,190
29
(C) THE CLERK OF EACH COURT OF COMMON PLEAS AND THE CLERK 1,193
OF EACH MUNICIPAL COURT AND COUNTY COURT SHALL MAINTAIN A 1,194
REGISTRY OF CERTIFIED COPIES OF PROTECTION ORDERS ISSUED BY 1,195
COURTS OF ANOTHER STATE THAT HAVE BEEN REGISTERED WITH THE CLERK. 1,196
EACH LAW ENFORCEMENT AGENCY SHALL ESTABLISH AND MAINTAIN A 1,197
REGISTRY FOR PROTECTION ORDERS DELIVERED TO THE AGENCY PURSUANT 1,198
TO THIS SECTION. THE AGENCY SHALL NOTE IN THE REGISTRY THE DATE 1,199
AND TIME THAT THE AGENCY RECEIVED AN ORDER. 1,200
(D) AN OFFICER OF A LAW ENFORCEMENT AGENCY SHALL ENFORCE A 1,203
PROTECTION ORDER ISSUED BY A COURT OF ANOTHER STATE IN ACCORDANCE 1,204
WITH THE PROVISIONS OF THE ORDER, INCLUDING REMOVING THE PERSON 1,205
ALLEGEDLY VIOLATING THE ORDER FROM THE PREMISES, REGARDLESS OF 1,207
WHETHER THE ORDER IS REGISTERED AS AUTHORIZED BY DIVISION (B) OF 1,208
THIS SECTION IN THE COUNTY IN WHICH THE OFFICER'S AGENCY HAS 1,209
JURISDICTION.
Sec. 2935.03. (A) A sheriff, deputy sheriff, marshal, 1,218
deputy marshal, municipal police officer, township constable, 1,219
police officer of a township or joint township police district, 1,220
member of a police force employed by a metropolitan housing 1,221
authority under division (D) of section 3735.31 of the Revised 1,222
Code, member of a police force employed by a regional transit 1,223
authority under division (Y) of section 306.35 of the Revised 1,224
Code, state university law enforcement officer appointed under 1,226
section 3345.04 of the Revised Code, or Ohio veterans' home
police officer appointed under section 5907.02 of the Revised 1,227
Code shall arrest and detain, until a warrant can be obtained, a 1,228
person found violating, within the limits of the political 1,229
subdivision, metropolitan housing authority housing project, 1,230
regional transit authority facilities or areas of a municipal 1,231
corporation that have been agreed to by a regional transit 1,232
authority and a municipal corporation located within its 1,233
territorial jurisdiction, college, university, or Ohio veterans' 1,235
home in which the peace officer is appointed, employed, or 1,236
elected, a law of this state, an ordinance of a municipal 1,237
30
corporation, or a resolution of a township. 1,238
(B)(1) When there is reasonable ground to believe that an 1,240
offense of violence, the offense of criminal child enticement as 1,241
defined in section 2905.05 of the Revised Code, the offense of 1,242
public indecency as defined in section 2907.09 of the Revised 1,243
Code, the offense of domestic violence as defined in section 1,244
2919.25 of the Revised Code, the offense of violating a 1,245
protection order or consent agreement as defined in section 1,246
2919.27 of the Revised Code, the offense of menacing by stalking 1,247
as defined in section 2903.211 of the Revised Code, the offense 1,248
of aggravated trespass as defined in section 2911.211 of the 1,249
Revised Code, a theft offense as defined in section 2913.01 of 1,250
the Revised Code, or a felony drug abuse offense as defined in 1,251
section 2925.01 of the Revised Code, has been committed within 1,252
the limits of the political subdivision, metropolitan housing 1,253
authority housing project, regional transit authority facilities 1,256
or those areas of a municipal corporation that have been agreed 1,258
to by a regional transit authority and a municipal corporation
located within its territorial jurisdiction, college, university, 1,259
or Ohio veterans' home in which the peace officer is appointed, 1,260
employed, or elected, a peace officer described in division 1,261
(A)(1) of this section may arrest and detain until a warrant can 1,263
be obtained any person whom the peace officer has reasonable 1,264
cause to believe is guilty of the violation.
(2) For purposes of division (B)(1) of this section, the 1,266
execution of any of the following constitutes reasonable ground 1,267
to believe that the offense alleged in the statement was 1,268
committed and reasonable cause to believe that the person alleged 1,269
in the statement to have committed the offense is guilty of the 1,270
violation: 1,271
(a) A written statement by a person alleging that an 1,273
alleged offender has committed the offense of menacing by 1,274
stalking or aggravated trespass; 1,275
(b) A written statement by the administrator of the 1,277
31
interstate compact on mental health appointed under section 1,278
5119.51 of the Revised Code alleging that a person who had been 1,279
hospitalized, institutionalized, or confined in any facility 1,280
under an order made pursuant to or under authority of section 1,281
2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or 1,283
2945.402 of the Revised Code has escaped from the facility, from 1,284
confinement in a vehicle for transportation to or from the 1,285
facility, or from supervision by an employee of the facility that 1,286
is incidental to hospitalization, institutionalization, or 1,287
confinement in the facility and that occurs outside of the 1,288
facility, in violation of section 2921.34 of the Revised Code; 1,289
(c) A written statement by the administrator of any 1,292
facility in which a person has been hospitalized, 1,293
institutionalized, or confined under an order made pursuant to or 1,294
under authority of section 2945.37, 2945.371, 2945.38, 2945.39, 1,295
2945.40, 2945.401, or 2945.402 of the Revised Code alleging that 1,296
the person has escaped from the facility, from confinement in a 1,297
vehicle for transportation to or from the facility, or from 1,298
supervision by an employee of the facility that is incidental to 1,299
hospitalization, institutionalization, or confinement in the 1,300
facility and that occurs outside of the facility, in violation of 1,301
section 2921.34 of the Revised Code. 1,302
(3)(a) For purposes of division (B)(1) of this section, a 1,305
peace officer described in that division has reasonable grounds 1,306
to believe that the offense of domestic violence or the offense 1,307
of violating a protection order or consent agreement has been 1,308
committed and reasonable cause to believe that a particular 1,309
person is guilty of committing the offense if any of the 1,310
following occurs:
(i) A person executes a written statement alleging that 1,313
the person in question has committed the offense of domestic 1,314
violence or the offense of violating a protection order or 1,315
consent agreement against the person who executes the statement 1,316
or against a child of the person who executes the statement. 1,317
32
(ii) No written statement of the type described in 1,320
division (B)(3)(a)(i) of this section is executed, but the peace 1,321
officer, based upon the peace officer's own knowledge and 1,322
observation of the facts and circumstances of the alleged 1,323
incident of the offense of domestic violence or the alleged 1,324
incident of the offense of violating a protection order or 1,325
consent agreement or based upon any other information, including, 1,326
but not limited to, any reasonably trustworthy information given 1,327
to the peace officer by the alleged victim of the alleged 1,328
incident of the offense or any witness of the alleged incident of 1,329
the offense, concludes that there are reasonable grounds to
believe that the offense of domestic violence or the offense of 1,330
violating a protection order or consent agreement has been 1,331
committed and reasonable cause to believe that the person in 1,332
question is guilty of committing the offense. 1,333
(iii) No written statement of the type described in 1,336
division (B)(3)(a)(i) of this section is executed, but the peace 1,337
officer witnessed the person in question commit the offense of 1,338
domestic violence or the offense of violating a protection order 1,339
or consent agreement.
(b) If pursuant to division (B)(3)(a) of this section a 1,342
peace officer has reasonable grounds to believe that the offense 1,343
of domestic violence or the offense of violating a protection 1,344
order or consent agreement has been committed and reasonable 1,345
cause to believe that a particular person is guilty of committing 1,346
the offense, it is the preferred course of action in this state 1,347
that the officer arrest and detain that person pursuant to 1,348
division (B)(1) of this section until a warrant can be obtained. 1,349
If pursuant to division (B)(3)(a) of this section a peace 1,352
officer has reasonable grounds to believe that the offense of 1,353
domestic violence or the offense of violating a protection order 1,354
or consent agreement has been committed and reasonable cause to 1,355
believe that family or household members have committed the 1,356
offense against each other, it is the preferred course of action 1,357
33
in this state that the officer, pursuant to division (B)(1) of 1,358
this section, arrest and detain until a warrant can be obtained 1,359
the family or household member who committed the offense and whom 1,360
the officer has reasonable cause to believe is the primary 1,361
physical aggressor. There is no preferred course of action in 1,362
this state regarding any other family or household member who 1,363
committed the offense and whom the officer does not have 1,364
reasonable cause to believe is the primary physical aggressor, 1,365
but, pursuant to division (B)(1) of this section, the peace 1,366
officer may arrest and detain until a warrant can be obtained any 1,367
other family or household member who committed the offense and 1,368
whom the officer does not have reasonable cause to believe is the 1,369
primary physical aggressor. 1,370
(c) If a peace officer described in division (B)(1) of 1,373
this section does not arrest and detain a person whom the officer 1,374
has reasonable cause to believe committed the offense of domestic 1,375
violence or the offense of violating a protection order or 1,376
consent agreement when it is the preferred course of action in 1,377
this state pursuant to division (B)(3)(b) of this section that 1,378
the officer arrest that person, the officer shall articulate in 1,379
the written report of the incident required by section 2935.032 1,380
of the Revised Code a clear statement of the officer's reasons 1,381
for not arresting and detaining that person until a warrant can 1,382
be obtained.
(d) In determining for purposes of division (B)(3)(b) of 1,385
this section which family or household member is the primary 1,386
physical aggressor in a situation in which family or household 1,387
members have committed the offense of domestic violence or the 1,388
offense of violating a protection order or consent agreement 1,389
against each other, a peace officer described in division (B)(1) 1,390
of this section, in addition to any other relevant circumstances, 1,391
should consider all of the following: 1,392
(i) Any history of domestic violence or of any other 1,395
violent acts by either person involved in the alleged offense 1,396
34
that the officer reasonably can ascertain;
(ii) Whether IF VIOLENCE IS ALLEGED, WHETHER the alleged 1,398
violence was caused by a person acting in self-defense; 1,400
(iii) Each person's fear of physical harm, if any, 1,403
resulting from the other person's threatened use of force against 1,404
any person or resulting from the other person's use or history of 1,405
the use of force against any person, and the reasonableness of 1,406
that fear;
(iv) The comparative severity of any injuries suffered by 1,409
the persons involved in the alleged offense.
(e)(i) A peace officer described in division (B)(1) of 1,412
this section shall not require, as a prerequisite to arresting or 1,413
charging a person who has committed the offense of domestic 1,414
violence or the offense of violating a protection order or 1,415
consent agreement, that the victim of the offense specifically 1,416
consent to the filing of charges against the person who has 1,417
committed the offense or sign a complaint against the person who 1,418
has committed the offense.
(ii) If a person is arrested for or charged with 1,421
committing the offense of domestic violence or the offense of 1,422
violating a protection order or consent agreement and if the
victim of the offense does not cooperate with the involved law 1,423
enforcement or prosecuting authorities in the prosecution of the 1,424
offense or, subsequent to the arrest or the filing of the 1,425
charges, informs the involved law enforcement or prosecuting 1,426
authorities that the victim does not wish the prosecution of the 1,427
offense to continue or wishes to drop charges against the alleged 1,428
offender relative to the offense, the involved prosecuting 1,429
authorities, in determining whether to continue with the 1,430
prosecution of the offense or whether to dismiss charges against 1,431
the alleged offender relative to the offense and notwithstanding 1,432
the victim's failure to cooperate or the victim's wishes, shall 1,433
consider all facts and circumstances that are relevant to the 1,434
offense, including, but not limited to, the statements and 1,435
35
observations of the peace officers who responded to the incident 1,436
that resulted in the arrest or filing of the charges and of all 1,437
witnesses to that incident. 1,438
(f) In determining pursuant to divisions (B)(3)(a) to (g) 1,440
of this section whether to arrest a person pursuant to division 1,441
(B)(1) of this section, a peace officer described in division 1,442
(B)(1) of this section shall not consider as a factor any 1,443
possible shortage of cell space at the detention facility to 1,444
which the person will be taken subsequent to the person's arrest 1,446
or any possibility that the person's arrest might cause,
contribute to, or exacerbate overcrowding at that detention 1,447
facility or at any other detention facility. 1,448
(g) If a peace officer described in division (B)(1) of 1,450
this section intends pursuant to divisions (B)(3)(a) to (g) of 1,452
this section to arrest a person pursuant to division (B)(1) of 1,453
this section and if the officer is unable to do so because the 1,455
person is not present, the officer promptly shall seek a warrant 1,456
for the arrest of the person.
(h) If a peace officer described in division (B)(1) of 1,459
this section responds to a report of an alleged incident of the 1,460
offense of domestic violence or an alleged incident of the 1,461
offense of violating a protection order or consent agreement and 1,462
if the circumstances of the incident involved the use or 1,463
threatened use of a deadly weapon or any person involved in the 1,464
incident brandished a deadly weapon during or in relation to the 1,465
incident, the deadly weapon that was used, threatened to be used, 1,466
or brandished constitutes contraband, and, to the extent 1,467
possible, the officer shall seize the deadly weapon as contraband 1,468
pursuant to section 2933.43 of the Revised Code. Upon the 1,469
seizure of a deadly weapon pursuant to this division, section 1,470
2933.43 of the Revised Code shall apply regarding the treatment 1,471
and disposition of the deadly weapon. For purposes of that 1,472
section, the "underlying criminal offense" that was the basis of 1,473
the seizure of a deadly weapon under this division and to which 1,474
36
the deadly weapon had a relationship is any of the following that 1,475
is applicable: 1,476
(i) The alleged incident of the offense of domestic 1,479
violence or the alleged incident of the offense of violating a 1,480
protection order or consent agreement to which the officer who 1,481
seized the deadly weapon responded;
(ii) Any offense that arose out of the same facts and 1,484
circumstances as the report of the alleged incident of the 1,485
offense of domestic violence or the alleged incident of the
offense of violating a protection order or consent agreement to 1,486
which the officer who seized the deadly weapon responded. 1,487
(4) If, in the circumstances described in divisions 1,489
(B)(3)(a) to (g) of this section, a peace officer described in 1,490
division (B)(1) of this section arrests and detains a person 1,491
pursuant to division (B)(1) of this section, or if, pursuant to 1,493
division (B)(3)(h) of this section, a peace officer described in 1,494
division (B)(1) of this section seizes a deadly weapon, the 1,495
officer, to the extent described in and in accordance with 1,496
section 9.86 or 2744.03 of the Revised Code, is immune in any 1,497
civil action for damages for injury, death, or loss to person or 1,498
property that arises from or is related to the arrest and 1,499
detention or the seizure. 1,500
(C) When there is reasonable ground to believe that a 1,502
violation of division (A), (B), or (C) of section 4506.15 or a 1,503
violation of section 4511.19 of the Revised Code has been 1,504
committed by a person operating a motor vehicle subject to 1,505
regulation by the public utilities commission of Ohio under Title 1,506
XLIX of the Revised Code, a peace officer with authority to 1,507
enforce that provision of law may stop or detain the person whom 1,508
the officer has reasonable cause to believe was operating the 1,509
motor vehicle in violation of the division or section and, after 1,510
investigating the circumstances surrounding the operation of the 1,511
vehicle, may arrest and detain the person. 1,512
(D) If a sheriff, deputy sheriff, marshal, deputy marshal, 1,514
37
municipal police officer, member of a police force employed by a 1,515
metropolitan housing authority under division (D) of section 1,516
3735.31 of the Revised Code, member of a police force employed by 1,517
a regional transit authority under division (Y) of section 306.35 1,518
of the Revised Code, constable, police officer of a township or 1,520
joint township police district, or state university law 1,521
enforcement officer appointed under section 3345.04 of the
Revised Code is authorized by division (A) or (B) of this section 1,522
to arrest and detain, within the limits of the political 1,523
subdivision, metropolitan housing authority housing project, 1,524
regional transit authority facilities or those areas of a 1,525
municipal corporation that have been agreed to by a regional 1,526
transit authority and a municipal corporation located within its 1,527
territorial jurisdiction, college, or university in which the 1,528
officer is appointed, employed, or elected, a person until a 1,529
warrant can be obtained, the peace officer may, outside the 1,530
limits of that territory, pursue, arrest, and detain that person 1,531
until a warrant can be obtained if all of the following apply: 1,532
(1) The pursuit takes place without unreasonable delay 1,534
after the offense is committed. 1,535
(2) The pursuit is initiated within the limits of the 1,537
political subdivision, metropolitan housing authority housing 1,538
project, regional transit authority facilities or those areas of 1,539
a municipal corporation that have been agreed to by a regional 1,540
transit authority and a municipal corporation located within its 1,541
territorial jurisdiction, college, or university in which the 1,542
peace officer is appointed, employed, or elected. 1,543
(3) The offense involved is a felony, a misdemeanor of the 1,545
first degree or a substantially equivalent municipal ordinance, a 1,546
misdemeanor of the second degree or a substantially equivalent 1,547
municipal ordinance, or any offense for which points are 1,548
chargeable pursuant to division (G) of section 4507.021 of the 1,549
Revised Code. 1,550
(E) In addition to the authority granted under division 1,552
38
(A) or (B) of this section: 1,553
(1) A sheriff or deputy sheriff may arrest and detain, 1,555
until a warrant can be obtained, any person found violating 1,556
section 4503.11, 4503.21, or 4549.01, sections 4549.08 to 1,557
4549.12, section 4549.62, or Chapter 4511. or 4513. of the 1,558
Revised Code on the portion of any street or highway that is 1,559
located immediately adjacent to the boundaries of the county in 1,560
which the sheriff or deputy sheriff is elected or appointed. 1,561
(2) A member of the police force of a township police 1,563
district created under section 505.48 of the Revised Code, a 1,564
member of the police force of a joint township police district 1,565
created under section 505.481 of the Revised Code, and a township 1,566
constable appointed in accordance with section 509.01 of the 1,567
Revised Code, who has received a certificate from the Ohio peace 1,568
officer training commission under section 109.75 of the Revised 1,569
Code may arrest and detain, until a warrant can be obtained, any 1,570
person found violating any section or chapter of the Revised Code 1,571
listed in division (E)(1) of this section, other than sections 1,572
4513.33 and 4513.34 of the Revised Code, on the portion of any 1,573
street or highway that is located immediately adjacent to the 1,574
boundaries of the township police district or joint township 1,575
police district, in the case of a member of a township police 1,576
district or joint township police district police force, or the 1,577
unincorporated territory of the township, in the case of a 1,578
township constable. However, if the population of the township 1,579
that created the township police district served by the member's 1,580
police force, or the townships that created the joint township 1,581
police district served by the member's police force, or the 1,582
township that is served by the township constable, is sixty 1,583
thousand or less, the member of the township police district or 1,584
joint police district police force or the township constable may 1,585
not make an arrest under this division on a state highway that is 1,586
included as part of the interstate system. 1,587
(3) A police officer or village marshal appointed, 1,589
39
elected, or employed by a municipal corporation may arrest and 1,590
detain, until a warrant can be obtained, any person found 1,591
violating any section or chapter of the Revised Code listed in 1,592
division (E)(1) of this section on the portion of any street or 1,593
highway that is located immediately adjacent to the boundaries of 1,594
the municipal corporation in which the police officer or village 1,595
marshal is appointed, elected, or employed. 1,596
(F)(1) A department of mental health special police 1,598
officer or a department of mental retardation and developmental 1,599
disabilities special police officer may arrest without a warrant 1,600
and detain until a warrant can be obtained any person found 1,601
committing on the premises of any institution under the 1,602
jurisdiction of the particular department a misdemeanor under a 1,603
law of the state.
A department of mental health special police officer or a 1,605
department of mental retardation and developmental disabilities 1,606
special police officer may arrest without a warrant and detain 1,607
until a warrant can be obtained any person who has been 1,608
hospitalized, institutionalized, or confined in an institution 1,609
under the jurisdiction of the particular department pursuant to 1,610
or under authority of section 2945.37, 2945.371, 2945.38, 1,611
2945.39, 2945.40, 2945.401, or 2945.402 of the Revised Code and 1,613
who is found committing on the premises of any institution under 1,614
the jurisdiction of the particular department a violation of 1,615
section 2921.34 of the Revised Code that involves an escape from 1,616
the premises of the institution. 1,617
(2)(a) If a department of mental health special police 1,619
officer or a department of mental retardation and developmental 1,620
disabilities special police officer finds any person who has been 1,621
hospitalized, institutionalized, or confined in an institution 1,622
under the jurisdiction of the particular department pursuant to 1,623
or under authority of section 2945.37, 2945.371, 2945.38, 1,624
2945.39, 2945.40, 2945.401, or 2945.402 of the Revised Code 1,626
committing a violation of section 2921.34 of the Revised Code 1,627
40
that involves an escape from the premises of the institution, or 1,628
if there is reasonable ground to believe that a violation of 1,629
section 2921.34 of the Revised Code has been committed that 1,630
involves an escape from the premises of an institution under the 1,631
jurisdiction of the department of mental health or the department 1,632
of mental retardation and developmental disabilities and if a 1,633
department of mental health special police officer or a 1,634
department of mental retardation and developmental disabilities 1,635
special police officer has reasonable cause to believe that a 1,636
particular person who has been hospitalized, institutionalized, 1,637
or confined in the institution pursuant to or under authority of 1,638
section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, 1,639
or 2945.402 of the Revised Code is guilty of the violation, the 1,640
special police officer, outside of the premises of the 1,641
institution, may pursue, arrest, and detain that person for that 1,642
violation of section 2921.34 of the Revised Code, until a warrant 1,643
can be obtained, if both of the following apply: 1,644
(i) The pursuit takes place without unreasonable delay 1,646
after the offense is committed. 1,647
(ii) The pursuit is initiated within the premises of the 1,649
institution from which the violation of section 2921.34 of the 1,650
Revised Code occurred. 1,651
(b) For purposes of division (F)(2)(a) of this section, 1,653
the execution of a written statement by the administrator of the 1,654
institution in which a person had been hospitalized, 1,655
institutionalized, or confined pursuant to or under authority of 1,656
section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, 1,658
or 2945.402 of the Revised Code alleging that the person has 1,659
escaped from the premises of the institution in violation of 1,660
section 2921.34 of the Revised Code constitutes reasonable ground 1,661
to believe that the violation was committed and reasonable cause 1,662
to believe that the person alleged in the statement to have 1,663
committed the offense is guilty of the violation. 1,664
(G) As used in this section: 1,666
41
(1) A "department of mental health special police officer" 1,668
means a special police officer of the department of mental health 1,669
designated under section 5119.14 of the Revised Code who is 1,670
certified by the Ohio peace officer training commission under 1,671
section 109.77 of the Revised Code as having successfully 1,672
completed an approved peace officer basic training program. 1,673
(2) A "department of mental retardation and developmental 1,675
disabilities special police officer" means a special police 1,677
officer of the department of mental retardation and developmental 1,678
disabilities designated under section 5123.13 of the Revised Code 1,679
who is certified by the Ohio peace officer training council under 1,680
section 109.77 of the Revised Code as having successfully 1,681
completed an approved peace officer basic training program. 1,682
(3) "Deadly weapon" has the same meaning as in section 1,684
2923.11 of the Revised Code. 1,685
(4) "Family or household member" has the same meaning as 1,687
in section 2919.25 of the Revised Code. 1,688
(5) "Street" or "highway" has the same meaning as in 1,690
section 4511.01 of the Revised Code. 1,691
(6) "Interstate system" has the same meaning as in section 1,693
5516.01 of the Revised Code. 1,694
Sec. 2935.032. (A) Not later than ninety days after the 1,703
effective date of this section AMENDMENT, each agency, 1,704
instrumentality, or political subdivision that is served by any 1,706
peace officer described in division (B)(1) of section 2935.03 of 1,707
the Revised Code shall adopt, in accordance with division (E) of 1,708
this section, written policies, written procedures implementing 1,709
the policies, and other written procedures for the peace officers 1,710
who serve it to follow in implementing division (B)(3) of section 1,711
2935.03 of the Revised Code and for their appropriate response to 1,712
each report of an alleged incident of the offense of domestic 1,713
violence or an alleged incident of the offense of violating a 1,714
protection order or consent agreement. The policies and 1,715
procedures shall conform to and be consistent with the provisions 1,716
42
of divisions (B)(1) and (B)(3) of section 2935.03 of the Revised 1,717
Code and divisions (B) to (D) of this section. Each policy 1,718
adopted under this division shall include, but not be limited to, 1,719
all of the following: 1,720
(1) Provisions specifying that, if a peace officer who 1,722
serves the agency, instrumentality, or political subdivision 1,723
responds to an alleged incident of the offense of domestic 1,724
violence, an alleged incident of the offense of violating a 1,725
protection order or consent agreement, or an alleged incident of 1,726
any other offense, both of the following apply: 1,727
(a) If the officer determines that there are reasonable 1,729
grounds to believe that a person knowingly caused serious 1,730
physical harm to another OR TO ANOTHER'S UNBORN or knowingly 1,731
caused or attempted to cause physical harm to another OR TO 1,733
ANOTHER'S UNBORN by means of a deadly weapon or dangerous 1,735
ordnance, as defined in section 2923.11 of the Revised Code, 1,736
then, regardless of whether the victim of the offense was a
family or household member of the offender, the officer shall 1,737
treat the incident as felonious assault, shall consider the 1,738
offender to have committed and the victim to have been the victim 1,739
of felonious assault, shall consider the offense that was 1,740
committed to have been felonious assault in determining the 1,741
manner in which the offender should be treated, and shall comply 1,742
with whichever of the following is applicable: 1,743
(i) Unless the officer has reasonable cause to believe 1,745
that, during the incident, the offender who committed the 1,746
felonious assault and one or more other persons committed 1,747
offenses against each other, the officer shall arrest the 1,748
offender who committed the felonious assault pursuant to section 1,749
2935.03 of the Revised Code and shall detain him THAT OFFENDER 1,750
pursuant to that section until a warrant can be obtained, and the 1,752
arrest shall be for felonious assault. 1,753
(ii) If the officer has reasonable cause to believe that, 1,755
during the incident, the offender who committed the felonious 1,756
43
assault and one or more other persons committed offenses against 1,757
each other, the officer shall determine in accordance with 1,758
division (B)(3)(d) of section 2935.03 of the Revised Code which 1,759
of those persons is the primary physical aggressor. If the 1,760
offender who committed the felonious assault is the primary 1,761
physical aggressor, the officer shall arrest that offender for 1,762
felonious assault pursuant to section 2935.03 of the Revised Code 1,763
and shall detain him THAT OFFENDER pursuant to that section until 1,765
a warrant can be obtained, and the officer is not required to 1,766
arrest but may arrest pursuant to section 2935.03 of the Revised 1,767
Code any other person who committed an offense but who is not the 1,768
primary physical aggressor. If the offender who committed the 1,769
felonious assault is not the primary physical aggressor, the 1,770
officer is not required to arrest that offender or any other 1,771
person who committed an offense during the incident but may 1,772
arrest any of them pursuant to section 2935.03 of the Revised 1,773
Code and detain them pursuant to that section until a warrant can 1,774
be obtained.
(b) If the officer determines that there are reasonable 1,776
grounds to believe that a person, while under the influence of 1,777
sudden passion or in a sudden fit of rage, either of which is 1,778
brought on by serious provocation occasioned by the victim that 1,779
is reasonably sufficient to incite the person into using deadly 1,780
force, knowingly caused serious physical harm to another OR TO 1,781
ANOTHER'S UNBORN or knowingly caused or attempted to cause 1,783
physical harm to another OR TO ANOTHER'S UNBORN by means of a 1,785
deadly weapon or dangerous ordnance, as defined in section 1,786
2923.11 of the Revised Code, then, regardless of whether the 1,787
victim of the offense was a family or household member of the
offender, the officer shall treat the incident as aggravated 1,788
assault, shall consider the offender to have committed and the 1,789
victim to have been the victim of aggravated assault, shall 1,790
consider the offense that was committed to have been aggravated 1,791
assault in determining the manner in which the offender should be 1,792
44
treated, and shall comply with whichever of the following is 1,793
applicable: 1,794
(i) Unless the officer has reasonable cause to believe 1,796
that, during the incident, the offender who committed the 1,797
aggravated assault and one or more other persons committed 1,798
offenses against each other, the officer shall arrest the 1,799
offender who committed the aggravated assault pursuant to section 1,800
2935.03 of the Revised Code and shall detain him THAT OFFENDER 1,801
pursuant to that section until a warrant can be obtained, and the 1,803
arrest shall be for aggravated assault. 1,804
(ii) If the officer has reasonable cause to believe that, 1,806
during the incident, the offender who committed the aggravated 1,807
assault and one or more other persons committed offenses against 1,808
each other, the officer shall determine in accordance with 1,809
division (B)(3)(d) of section 2935.03 of the Revised Code which 1,810
of those persons is the primary physical aggressor. If the 1,811
offender who committed the aggravated assault is the primary 1,812
physical aggressor, the officer shall arrest that offender for 1,813
aggravated assault pursuant to section 2935.03 of the Revised 1,814
Code and shall detain him THAT OFFENDER pursuant to that section 1,815
until a warrant can be obtained, and the officer is not required 1,817
to arrest but may arrest pursuant to section 2935.03 of the 1,818
Revised Code any other person who committed an offense but who is 1,819
not the primary physical aggressor. If the offender who 1,820
committed the aggravated assault is not the primary physical 1,821
aggressor, the officer is not required to arrest that offender or 1,822
any other person who committed an offense during the incident but 1,823
may arrest any of them pursuant to section 2935.03 of the Revised 1,824
Code and detain them pursuant to that section until a warrant can 1,825
be obtained. 1,826
(2) Provisions requiring the peace officers who serve the 1,828
agency, instrumentality, or political subdivision to do all of 1,829
the following: 1,830
(a) Respond without undue delay to a report of an alleged 1,832
45
incident of the offense of domestic violence or the offense of 1,833
domestic violence or the offense of violating a protection order 1,834
or consent agreement; 1,835
(b) If the alleged offender has been granted pretrial 1,837
release from custody on a prior charge of the offense of domestic 1,838
violence or the offense of violating a protection order or 1,839
consent agreement and has violated one or more conditions of that 1,840
pretrial release, document the facts and circumstances of the 1,841
violation in the report to the law enforcement agency he serves 1,842
that he THE PEACE OFFICER makes pursuant to division (D) of this 1,843
section; 1,844
(c) Separate the victim of the offense of domestic 1,846
violence or the offense of violating a protection order or 1,847
consent agreement and the alleged offender, conduct separate 1,848
interviews with the victim and the alleged offender in separate 1,849
locations, and take a written statement from the victim that 1,850
indicates the frequency and severity of any prior incidents of 1,851
physical abuse of the victim by the alleged offender, the number 1,852
of times the victim has called peace officers for assistance, and 1,853
the disposition of those calls, if known; 1,854
(d) Comply with divisions (B)(1) and (B)(3) of section 1,856
2935.03 of the Revised Code and with divisions (B), (C), and (D) 1,857
of this section. 1,858
(3) Sanctions to be imposed upon a peace officer who 1,860
serves the agency, instrumentality, or political subdivision and 1,861
who fails to comply with any provision in the policy or with 1,862
division (B)(1) or (B)(3) of section 2935.03 of the Revised Code 1,863
or division (B), (C), or (D) of this section. 1,864
(4) Examples of reasons that a peace officer may consider 1,866
for not arresting and detaining until a warrant can be obtained a 1,867
person who allegedly committed the offense of domestic violence 1,868
or the offense of violating a protection order or consent 1,869
agreement when it is the preferred course of action in this state 1,870
that the officer arrest the alleged offender, as described in 1,871
46
division (B)(3)(b) of section 2935.03 of the Revised Code. 1,872
(B)(1) Nothing in this section or in division (B)(1) or 1,874
(B)(3) of section 2935.03 of the Revised Code precludes an 1,875
agency, instrumentality, or political subdivision that is served 1,876
by any peace officer described in division (B)(1) of section 1,877
2935.03 of the Revised Code from including in the policy it 1,878
adopts under division (A) of this section either of the following 1,879
types of provisions: 1,880
(a) A provision that requires the peace officers who serve 1,882
it, if they have reasonable grounds to believe that the offense 1,883
of domestic violence or the offense of violating a protection 1,884
order or consent agreement has been committed within the limits 1,885
of the jurisdiction of the agency, instrumentality, or political 1,886
subdivision and reasonable cause to believe that a particular 1,887
person committed the offense, to arrest the alleged offender; 1,888
(b) A provision that does not require the peace officers 1,890
who serve it, if they have reasonable grounds to believe that the 1,891
offense of domestic violence or the offense of violating a 1,892
protection order or consent agreement has been committed within 1,893
the limits of the jurisdiction of the agency, instrumentality, or 1,894
political subdivision and reasonable cause to believe that a 1,895
particular person committed the offense, to arrest the alleged 1,896
offender, but that grants the officers less discretion in those 1,897
circumstances in deciding whether to arrest the alleged offender 1,898
than peace officers are granted by divisions (B)(1) and (B)(3) of 1,899
section 2935.03 of the Revised Code. 1,900
(2) If an agency, instrumentality, or political 1,902
subdivision that is served by any peace officer described in 1,903
division (B)(1) of section 2935.03 of the Revised Code includes 1,904
in the policy it adopts under division (A) of this section a 1,905
provision of the type described in division (B)(1)(a) or (b) of 1,906
this section, the peace officers who serve the agency, 1,907
instrumentality, or political subdivision shall comply with the 1,908
provision in making arrests authorized under division (B)(1) of 1,909
47
section 2935.03 of the Revised Code. 1,910
(C) When a peace officer described in division (B)(1) of 1,912
section 2935.03 of the Revised Code investigates a report of an 1,913
alleged incident of the offense of domestic violence or an 1,914
alleged incident of the offense of violating a protection order 1,915
or consent agreement, the officer shall do all of the following: 1,916
(1) Complete a domestic violence report in accordance with 1,918
division (D) of this section; 1,919
(2) Advise the victim of the availability of a temporary 1,921
protection order pursuant to section 2919.26 of the Revised Code 1,922
or a protection order or consent agreement pursuant to section 1,923
3113.31 of the Revised Code; 1,924
(3) Give the victim the officer's name, the officer's 1,926
badge number if the officer has a badge and the badge has a 1,927
number, the report number for the incident if a report number is 1,928
available at the time of the officer's investigation, a telephone 1,929
number that the victim can call for information about the case, 1,930
the telephone number of a domestic violence shelter in the area, 1,931
and information on any local victim advocate program. 1,932
(D) A peace officer who investigates a report of an 1,934
alleged incident of the offense of domestic violence or an 1,935
alleged incident of the offense of violating a protection order 1,936
or consent agreement shall make a written report of the incident 1,937
whether or not an arrest is made. The report shall document the 1,938
officer's observations of the victim and the alleged offender, 1,939
any visible injuries of the victim or alleged offender, any 1,940
weapons at the scene, the actions of the alleged offender, any 1,941
statements made by the victim or witnesses, and any other 1,942
significant facts or circumstances. If the officer does not 1,943
arrest and detain until a warrant can be obtained a person who 1,944
allegedly committed the offense of domestic violence or the 1,945
offense of violating a protection order or consent agreement when 1,946
it is the preferred course of action in this state pursuant to 1,947
division (B)(3)(b) of section 2935.03 of the Revised Code that 1,948
48
the alleged offender be arrested, the officer must articulate in 1,949
the report a clear statement of his THE OFFICER'S reasons for not 1,951
arresting and detaining that alleged offender until a warrant can
be obtained. The officer shall submit the written report to the 1,953
law enforcement agency to which he THE OFFICER has been 1,954
appointed, employed, or elected. 1,956
(E) Each agency, instrumentality, or political subdivision 1,958
that is required to adopt policies and procedures under division 1,959
(A) of this section shall adopt those policies and procedures in 1,960
conjunction and consultation with shelters in the community for 1,961
victims of domestic violence and private organizations, law 1,962
enforcement agencies, and other public agencies in the community 1,963
that have expertise in the recognition and handling of domestic 1,964
violence cases. 1,965
(F) TO THE EXTENT DESCRIBED IN AND IN ACCORDANCE WITH 1,967
SECTION 9.86 OR 2744.03 OF THE REVISED CODE, A PEACE OFFICER WHO 1,968
ARRESTS AN OFFENDER FOR THE OFFENSE OF VIOLATING A PROTECTION 1,969
ORDER WITH RESPECT TO A PROTECTION ORDER OR CONSENT AGREEMENT OF 1,971
THIS STATE OR ANOTHER STATE THAT ON ITS FACE IS VALID IS IMMUNE
FROM LIABILITY IN A CIVIL ACTION FOR DAMAGES FOR INJURY, DEATH, 1,973
OR LOSS TO PERSON OR PROPERTY THAT ALLEGEDLY WAS CAUSED BY OR 1,974
RELATED TO THE ARREST. 1,975
(G) EACH AGENCY, INSTRUMENTALITY, OR POLITICAL SUBDIVISION 1,978
DESCRIBED IN DIVISION (A) OF THIS SECTION THAT ARRESTS AN 1,980
OFFENDER FOR AN ALLEGED INCIDENT OF THE OFFENSE OF DOMESTIC 1,981
VIOLENCE OR AN ALLEGED INCIDENT OF THE OFFENSE OF VIOLATING A 1,982
PROTECTION ORDER SHALL CONSIDER REFERRING THE CASE TO FEDERAL 1,983
AUTHORITIES FOR PROSECUTION UNDER FEDERAL LAW IF THE INCIDENT 1,984
CONSTITUTES A VIOLATION OF FEDERAL LAW.
(H) AS USED IN THIS SECTION: 1,987
(1) "ANOTHER'S UNBORN" HAS THE SAME MEANING AS IN SECTION 1,989
2903.09 OF THE REVISED CODE.
(2) "DANGEROUS ORDNANCE" AND "DEADLY WEAPON" HAVE THE SAME 1,991
MEANINGS AS IN SECTION 2923.11 OF THE REVISED CODE. 1,992
49
(3) "THE OFFENSE OF VIOLATING A PROTECTION ORDER" INCLUDES 1,994
THE FORMER OFFENSE OF VIOLATING A PROTECTION ORDER OR CONSENT 1,995
AGREEMENT OR ANTI-STALKING PROTECTION ORDER AS SET FORTH IN 1,996
SECTION 2919.27 OF THE REVISED CODE AS IT EXISTED PRIOR TO THE 1,999
EFFECTIVE DATE OF THIS AMENDMENT.
Sec. 2937.23. (A) In a case involving a felony, the judge 2,009
or magistrate shall fix the amount of bail. In a case involving
a misdemeanor or a violation of a municipal ordinance and not 2,010
involving a felony, the judge, magistrate, or clerk of the court 2,011
may fix the amount of bail and may do so in accordance with a 2,012
schedule previously fixed by the judge or magistrate, or, in a 2,014
case when the judge, magistrate, or clerk of the court is not 2,015
readily available, the sheriff, deputy sheriff, marshal, deputy 2,016
marshal, police officer, or jailer having custody of the person 2,017
charged may fix the amount of bail in accordance with a schedule 2,019
previously fixed by the judge or magistrate and shall take the 2,020
bail only in the county courthouse, the municipal or township 2,021
building, or the county or municipal jail. In all cases, the 2,022
bail shall be fixed with consideration of the seriousness of the 2,023
offense charged, the previous criminal record of the defendant, 2,024
and the probability of the defendant appearing at the trial of 2,025
the case.
(B) In any case involving an alleged violation of section 2,027
2919.27 of the Revised Code or of a municipal ordinance that is 2,028
substantially similar to that section and in which the court 2,029
finds that either of the following criteria applies, the court 2,030
shall determine whether it will order an evaluation of the mental 2,031
condition of the defendant pursuant to section 2919.271 of the 2,032
Revised Code and, if it decides to so order, shall issue the 2,033
order requiring that evaluation before it sets bail for the 2,034
person charged with the violation:
(1) Regarding an alleged violation of a temporary 2,036
protection order or consent agreement, that the violation of the 2,037
order or agreement allegedly involves conduct by the defendant 2,038
50
that caused physical harm to the person or property of a family 2,039
or household member covered by the order or agreement or conduct 2,040
by that defendant that caused a family or household member to 2,041
believe that the defendant would cause physical harm to that 2,042
member or that member's property; 2,043
(2) Regarding an alleged violation of an anti-stalking 2,045
protection order OR A PROTECTION ORDER ISSUED BY A COURT OF 2,046
ANOTHER STATE, AS DEFINED IN SECTION 2919.27 OF THE REVISED CODE, 2,047
that the violation of the order allegedly involves conduct by the 2,049
defendant that caused physical harm to the person or property of 2,050
the person covered by the order or conduct by that defendant that 2,051
caused the person covered by the order to believe that the 2,052
defendant would cause physical harm to that person or that 2,053
person's property.
Sec. 3113.31. (A) As used in this section: 2,064
(1) "Domestic violence" means the occurrence of one or 2,066
more of the following acts against a family or household member: 2,067
(a) Attempting to cause or recklessly causing bodily 2,069
injury; 2,070
(b) Placing another person by the threat of force in fear 2,072
of imminent serious physical harm or committing a violation of 2,073
section 2903.211 or 2911.211 of the Revised Code; 2,074
(c) Committing any act with respect to a child that would 2,076
result in the child being an abused child, as defined in section 2,077
2151.031 of the Revised Code. 2,078
(2) "Court" means the domestic relations division of the 2,080
court of common pleas in counties that have a domestic relations 2,081
division, and the court of common pleas in counties that do not 2,082
have a domestic relations division. 2,083
(3) "Family or household member" means any of the 2,085
following: 2,086
(a) Any of the following who is residing with or has 2,088
resided with the respondent: 2,089
(i) A spouse, a person living as a spouse, or a former 2,091
51
spouse of the respondent; 2,092
(ii) A parent or a child of the respondent, or another 2,094
person related by consanguinity or affinity to the respondent; 2,095
(iii) A parent or a child of a spouse, person living as a 2,097
spouse, or former spouse of the respondent, or another person 2,098
related by consanguinity or affinity to a spouse, person living 2,099
as a spouse, or former spouse of the respondent. 2,100
(b) The natural parent of any child of whom the respondent 2,102
is, OR IS ALLEGED TO BE, the other natural parent. 2,104
(4) "Person living as a spouse" means a person who is 2,106
living or has lived with the respondent in a common law marital 2,107
relationship, who otherwise is cohabiting with the respondent, or 2,109
who otherwise has cohabited with the respondent within one year
FIVE YEARS prior to the date of the alleged occurrence of the act 2,111
in question. 2,112
(5) "Victim advocate" means a person who provides support 2,114
and assistance for a person who files a petition under this 2,115
section.
(B) The court has jurisdiction over all proceedings under 2,117
this section. The petitioner's right to relief under this 2,118
section is not affected by the petitioner's leaving the residence 2,119
or household to avoid further domestic violence. 2,120
(C) A person may seek relief under this section the person 2,122
on the person's own behalf, or any parent or adult household 2,123
member may seek relief under this section on behalf of any other 2,124
family or household member, by filing a petition with the court. 2,125
The petition shall contain or state: 2,126
(1) An allegation that the respondent engaged in domestic 2,128
violence against a family or household member of the respondent, 2,129
including a description of the nature and extent of the domestic 2,130
violence; 2,131
(2) The relationship of the respondent to the petitioner, 2,133
and to the victim if other than the petitioner; 2,134
(3) A request for relief under this section. 2,136
52
(D)(1) If a person who files a petition pursuant to this 2,138
section requests an ex parte order, the court shall hold an ex 2,139
parte hearing on the same day that the petition is filed. The 2,140
court may, for good cause shown at the ex parte hearing, MAY 2,141
enter any temporary orders, with or without bond, including, but 2,143
not limited to, an order described in division (E)(1)(a), (b), or 2,144
(c) of this section, that the court finds necessary to protect 2,145
the family or household member from domestic violence. Immediate 2,146
and present danger of domestic violence to the family or 2,147
household member constitutes good cause for purposes of this 2,148
section. Immediate and present danger includes, but is not 2,149
limited to, situations in which the respondent has threatened the 2,150
family or household member with bodily harm or in which the 2,151
respondent has previously engaged in HAS BEEN CONVICTED OF OR 2,152
PLEADED GUILTY TO AN OFFENSE THAT CONSTITUTES domestic violence 2,153
against the family or household member. 2,154
(2)(a) If the court, after an ex parte hearing, issues an 2,156
order described in division (E)(1)(b) or (c) of this section, the 2,157
court shall schedule a full hearing that shall be held FOR A DATE 2,158
THAT IS within seven court days after the ex parte hearing. If 2,160
any other type of protection order that is authorized under 2,161
division (E) of this section is issued by the court after an ex 2,162
parte hearing, the COURT SHALL SCHEDULE A full hearing shall be 2,164
held FOR A DATE THAT IS within ten COURT days after the ex parte 2,165
hearing. The COURT SHALL GIVE THE respondent shall be given 2,166
notice of, and an opportunity to be heard at, the full hearing. 2,168
THE COURT SHALL HOLD THE FULL HEARING ON THE DATE SCHEDULED UNDER 2,169
THIS DIVISION UNLESS THE COURT GRANTS A CONTINUANCE OF THE 2,170
HEARING IN ACCORDANCE WITH THIS DIVISION. UNDER ANY OF THE 2,171
FOLLOWING CIRCUMSTANCES OR FOR ANY OF THE FOLLOWING REASONS, THE
COURT MAY GRANT A CONTINUANCE OF THE FULL HEARING TO A REASONABLE 2,172
TIME DETERMINED BY THE COURT: 2,173
(i) PRIOR TO THE DATE SCHEDULED FOR THE FULL HEARING UNDER 2,175
THIS DIVISION, THE RESPONDENT HAS NOT BEEN SERVED WITH THE 2,176
53
PETITION FILED PURSUANT TO THIS SECTION AND NOTICE OF THE FULL 2,177
HEARING.
(ii) THE PARTIES CONSENT TO THE CONTINUANCE. 2,179
(iii) THE CONTINUANCE IS NEEDED TO ALLOW A PARTY TO OBTAIN 2,181
COUNSEL. 2,182
(iv) THE CONTINUANCE IS NEEDED FOR OTHER GOOD CAUSE. 2,184
(b) AN EX PARTE ORDER ISSUED UNDER THIS SECTION DOES NOT 2,186
EXPIRE BECAUSE OF A FAILURE TO SERVE NOTICE OF THE FULL HEARING 2,187
UPON THE RESPONDENT BEFORE THE DATE SET FOR THE FULL HEARING 2,188
UNDER DIVISION (D)(2)(a) OF THIS SECTION OR BECAUSE THE COURT 2,189
GRANTS A CONTINUANCE UNDER THAT DIVISION. 2,190
(3) If a person who files a petition pursuant to this 2,192
section does not request an ex parte order, or if a person 2,193
requests an ex parte order but the court does not issue an ex 2,194
parte order after an ex parte hearing, the court shall proceed as 2,195
in a normal civil action and grant a full hearing on the matter. 2,196
(E)(1) After an ex parte or full hearing, the court may 2,198
grant any protection order, with or without bond, or approve any 2,199
consent agreement to bring about a cessation of domestic violence 2,200
against the family or household members. The order or agreement 2,201
may: 2,202
(a) Direct the respondent to refrain from abusing the 2,204
family or household members; 2,205
(b) Grant possession of the residence or household to the 2,207
petitioner or other family or household member, to the exclusion 2,208
of the respondent, by evicting the respondent, when the residence 2,209
or household is owned or leased solely by the petitioner or other 2,210
family or household member, or by ordering the respondent to 2,211
vacate the premises, when the residence or household is jointly 2,212
owned or leased by the respondent, and the petitioner or other 2,213
family or household member; 2,214
(c) When the respondent has a duty to support the 2,216
petitioner or other family or household member living in the 2,217
residence or household and the respondent is the sole owner or 2,218
54
lessee of the residence or household, grant possession of the 2,219
residence or household to the petitioner or other family or 2,220
household member, to the exclusion of the respondent, by ordering 2,221
the respondent to vacate the premises, or, in the case of a 2,222
consent agreement, allow the respondent to provide suitable, 2,223
alternative housing; 2,224
(d) Temporarily allocate parental rights and 2,226
responsibilities for the care of, or establish temporary 2,228
visitation rights with regard to, minor children, if no other 2,229
court has determined, or is determining, the allocation of 2,230
parental rights and responsibilities for the minor children or 2,231
visitation rights; 2,232
(e) Require the respondent to maintain support, if the 2,234
respondent customarily provides for or contributes to the support 2,235
of the family or household member, or if the respondent has a 2,236
duty to support the petitioner or family or household member; 2,237
(f) Require the respondent, petitioner, victim of domestic 2,239
violence, or any combination of those persons, to seek 2,240
counseling; 2,241
(g) Require the respondent to refrain from entering the 2,243
residence, school, business, or place of employment of the 2,244
petitioner or family or household member; 2,245
(h) Grant other relief that the court considers equitable 2,247
and fair, including, but not limited to, ordering the respondent 2,248
to permit the use of a motor vehicle by the petitioner or other 2,249
family or household member and the apportionment of household and 2,250
family personal property. 2,251
(2) If a protection order has been issued pursuant to this 2,253
section in a prior action involving the respondent and the 2,254
petitioner or one or more of the family or household members, the 2,255
court may include in a protection order that it issues a 2,256
prohibition against the respondent returning to the residence or 2,257
household and. IF IT INCLUDES a prohibition against the 2,258
petitioner inviting or admitting the respondent RETURNING to the 2,260
55
residence or household while the order is in effect IN THE ORDER, 2,263
IT ALSO SHALL INCLUDE IN THE ORDER PROVISIONS OF THE TYPE 2,264
DESCRIBED IN DIVISION (E)(7) OF THIS SECTION. THIS DIVISION DOES 2,266
NOT PRECLUDE THE COURT FROM INCLUDING IN A PROTECTION ORDER OR 2,267
CONSENT AGREEMENT, IN CIRCUMSTANCES OTHER THAN THOSE DESCRIBED IN 2,268
THIS DIVISION, A REQUIREMENT THAT THE RESPONDENT BE EVICTED FROM 2,269
OR VACATE THE RESIDENCE OR HOUSEHOLD OR REFRAIN FROM ENTERING THE 2,270
RESIDENCE, SCHOOL, BUSINESS, OR PLACE OF EMPLOYMENT OF THE 2,271
PETITIONER OR A FAMILY OR HOUSEHOLD MEMBER, AND, IF THE COURT 2,272
INCLUDES ANY REQUIREMENT OF THAT TYPE IN AN ORDER OR AGREEMENT, 2,273
THE COURT ALSO SHALL INCLUDE IN THE ORDER PROVISIONS OF THE TYPE 2,274
DESCRIBED IN DIVISION (E)(7) OF THIS SECTION. 2,275
(3)(a) Any protection order ISSUED or approved consent 2,277
agreement APPROVED UNDER THIS SECTION shall be valid until a date 2,279
certain, but not later than two FIVE years from the date of its 2,282
issuance or approval.
(b) Subject to the limitation on the duration of an order 2,284
or agreement set forth in division (E)(3)(a) of this section, any 2,285
order under division (E)(1)(d) of this section shall terminate on 2,286
the date that a court in an action for divorce, dissolution of 2,288
marriage, or legal separation brought by the petitioner or
respondent issues an order allocating parental rights and 2,289
responsibilities for the care of children or on the date that a 2,290
juvenile court in an action brought by the petitioner or 2,291
respondent issues an order awarding legal custody of minor 2,292
children. Subject to the limitation on the duration of an order
or agreement set forth in division (E)(3)(a) of this section, any 2,293
order under division (E)(1)(e) of this section shall terminate on 2,294
the date that a court in an action for divorce, dissolution of 2,295
marriage, or legal separation brought by the petitioner or 2,296
respondent issues a support order or on the date that a juvenile 2,297
court in an action brought by the petitioner or respondent issues
a support order. 2,298
(c) Any protection order issued or consent agreement 2,301
56
approved pursuant to this section may be renewed in the same 2,302
manner as the original order or agreement was issued or approved. 2,303
(4) A court may not issue a protection order that requires 2,305
a petitioner to do or to refrain from doing an act that the court 2,306
may require a respondent to do or to refrain from doing under 2,307
division (E)(1)(a), (b), (c), (d), (e), (g), or (h) of this 2,308
section unless all of the following apply:
(a) The respondent files a separate petition for a 2,310
protection order in accordance with this section. 2,311
(b) The petitioner is served notice of the respondent's 2,313
petition at least forty-eight hours before the court holds a 2,314
hearing with respect to the respondent's petition, or the 2,315
petitioner waives the right to receive this notice. 2,316
(c) If the petitioner has requested an ex parte order 2,318
pursuant to division (D) of this section, the court does not 2,319
delay any hearing required by that division beyond the time 2,320
specified in that division in order to consolidate the hearing 2,321
with a hearing on the petition filed by the respondent.
(d) After a full hearing at which the respondent presents 2,323
evidence in support of the request for a protection order and the 2,324
petitioner is afforded an opportunity to defend against that 2,325
evidence, the court determines that the petitioner has committed 2,326
an act of domestic violence or has violated a temporary 2,327
protection order issued pursuant to section 2919.26 of the
Revised Code, that both the petitioner and the respondent acted 2,328
primarily as aggressors, and that neither the petitioner nor the 2,329
respondent acted primarily in self-defense. 2,330
(5) No PROTECTION order ISSUED or CONSENT agreement 2,332
APPROVED under this section shall in any manner affect title to 2,334
any real property.
(6)(a) If a petitioner, or the child of a petitioner, who 2,336
obtains a protection order or consent agreement pursuant to 2,337
division (E)(1) of this section or a temporary protection order 2,338
pursuant to section 2919.26 of the Revised Code and is the 2,339
57
subject of a visitation or companionship order issued pursuant to 2,340
section 3109.051, 3109.11, or 3109.12 of the Revised Code or 2,341
division (E)(1)(d) of this section granting visitation or 2,342
companionship rights to the respondent, the court may require the 2,343
public children services agency of the county in which the court 2,344
is located to provide supervision of the respondent's exercise of
visitation or companionship rights with respect to the child for 2,345
a period not to exceed nine months, if the court makes the 2,346
following findings of fact: 2,347
(i) The child is in danger from the respondent; 2,349
(ii) No other person or agency is available to provide the 2,351
supervision or other services. 2,352
(b) A court that requires an agency to provide supervision 2,354
or other services pursuant to division (E)(6)(a) of this section 2,356
shall order the respondent to reimburse the agency for the cost 2,357
of providing the supervision or other services, if it determines
that the respondent has sufficient income or resources to pay 2,358
that cost.
(7)(a) IF A PROTECTION ORDER ISSUED OR CONSENT AGREEMENT 2,360
APPROVED UNDER THIS SECTION INCLUDES A REQUIREMENT THAT THE 2,362
RESPONDENT BE EVICTED FROM OR VACATE THE RESIDENCE OR HOUSEHOLD 2,363
OR REFRAIN FROM ENTERING THE RESIDENCE, SCHOOL, BUSINESS, OR 2,364
PLACE OF EMPLOYMENT OF THE PETITIONER OR A FAMILY OR HOUSEHOLD 2,365
MEMBER, THE ORDER OR AGREEMENT SHALL STATE CLEARLY THAT THE ORDER 2,366
OR AGREEMENT CANNOT BE WAIVED OR NULLIFIED BY AN INVITATION TO 2,367
THE RESPONDENT FROM THE PETITIONER OR OTHER FAMILY OR HOUSEHOLD 2,368
MEMBER TO ENTER THE RESIDENCE, SCHOOL, BUSINESS, OR PLACE OF 2,369
EMPLOYMENT OR BY THE RESPONDENT'S ENTRY INTO ONE OF THOSE PLACES 2,370
OTHERWISE UPON THE CONSENT OF THE PETITIONER OR OTHER FAMILY OR 2,371
HOUSEHOLD MEMBER. 2,372
(b) DIVISION (E)(7)(a) OF THIS SECTION DOES NOT LIMIT ANY 2,375
DISCRETION OF A COURT TO DETERMINE THAT A RESPONDENT CHARGED WITH 2,376
A VIOLATION OF SECTION 2919.27 OF THE REVISED CODE, WITH A 2,377
VIOLATION OF A MUNICIPAL ORDINANCE SUBSTANTIALLY EQUIVALENT TO 2,378
58
THAT SECTION, OR WITH CONTEMPT OF COURT, WHICH CHARGE IS BASED ON 2,379
AN ALLEGED VIOLATION OF A PROTECTION ORDER ISSUED OR CONSENT 2,380
AGGREEMENT APPROVED UNDER THIS SECTION, DID NOT COMMIT THE 2,382
VIOLATION OR WAS NOT IN CONTEMPT OF COURT. 2,383
(F)(1) A copy of any protection order, or consent 2,385
agreement, that is issued or approved under this section shall be 2,386
issued by the court to the petitioner, to the respondent, and to 2,387
all law enforcement agencies that have jurisdiction to enforce 2,388
the order or agreement. The court shall direct that a copy of an 2,389
order be delivered to the respondent on the same day that the 2,390
order is entered. 2,391
(2) All law enforcement agencies shall establish and 2,393
maintain an index for the protection orders and the approved 2,394
consent agreements delivered to the agencies pursuant to division 2,395
(F)(1) of this section. With respect to each order and consent 2,396
agreement delivered, each agency shall note on the index, the 2,397
date and time that it received the order or consent agreement. 2,398
(3) Regardless of whether the petitioner has registered 2,400
the order or agreement in the county in which the officer's 2,401
agency has jurisdiction pursuant to division (N) of this section, 2,402
any officer of a law enforcement agency shall enforce a 2,404
protection order issued or consent agreement approved by any
court in this state in accordance with the provisions of the 2,406
order or agreement, including removing the respondent from the 2,407
premises, if appropriate.
(G) Any proceeding under this section shall be conducted 2,409
in accordance with the Rules of Civil Procedure, except that an 2,410
order under this section may be obtained with or without bond. 2,411
AN ORDER ISSUED UNDER THIS SECTION, OTHER THAN AN EX PARTE ORDER, 2,412
THAT GRANTS A PROTECTION ORDER OR APPROVES A CONSENT AGREEMENT, 2,413
OR THAT REFUSES TO GRANT A PROTECTION ORDER OR APPROVE A CONSENT 2,414
AGREEMENT, IS A FINAL, APPEALABLE ORDER. The remedies and 2,415
procedures provided in this section are in addition to, and not 2,417
in lieu of, any other available civil or criminal remedies. 2,418
59
(H) The filing of proceedings under this section does not 2,420
excuse a person from filing any report or giving any notice 2,421
required by section 2151.421 of the Revised Code or by any other 2,422
law. When a petition under this section alleges domestic 2,423
violence against minor children, the court shall report the fact, 2,424
or cause reports to be made, to a county, township, or municipal 2,425
peace officer under section 2151.421 of the Revised Code. 2,426
(I) Any law enforcement agency that investigates a 2,428
domestic dispute shall provide information to the family or 2,429
household members involved regarding the relief available under 2,430
this section and section 2919.26 of the Revised Code. 2,431
(J) Notwithstanding any provision of law to the contrary, 2,433
no court shall charge a fee for the filing of a petition pursuant 2,434
to this section. 2,435
(K)(1) Each order for support made or modified under this 2,437
section on or after December 31, 1993, shall include as part of 2,438
the order a general provision, as described in division (A)(1) of 2,439
section 3113.21 of the Revised Code, requiring the withholding or 2,440
deduction of wages or assets of the obligor under the order as 2,441
described in division (D) of section 3113.21 of the Revised Code 2,442
or another type of appropriate requirement as described in 2,443
division (D)(6), (D)(7), or (H) of that section, to ensure that 2,444
withholding or deduction from the wages or assets of the obligor 2,445
is available from the commencement of the support order for 2,446
collection of the support and of any arrearages that occur; a 2,447
statement requiring all parties to the order to notify the child 2,448
support enforcement agency in writing of their current mailing 2,449
address, their current residence address, and any changes in 2,450
either address; and a notice that the requirement to notify the 2,451
agency of all changes in either address continues until further 2,452
notice from the court. The court shall comply with sections 2,453
3113.21 to 3113.219 of the Revised Code when it makes or modifies 2,454
an order for child support under this section on or after April 2,455
12, 1990. 2,456
60
If any person required to pay child support under an order 2,458
made under this section on or after April 15, 1985, or modified 2,459
under this section on or after December 31, 1986, is found in 2,460
contempt of court for failure to make support payments under the 2,461
order, the court that makes the finding, in addition to any other 2,462
penalty or remedy imposed, shall assess all court costs arising 2,463
out of the contempt proceeding against the person and require the 2,464
person to pay any reasonable attorney's fees of any adverse 2,465
party, as determined by the court, that arose in relation to the 2,466
act of contempt. 2,467
(2) Notwithstanding section 3109.01 of the Revised Code, 2,469
if a court issues a child support order under this section, the 2,470
order shall remain in effect beyond the child's eighteenth 2,471
birthday as long as the child continuously attends on a full-time 2,472
basis any recognized and accredited high school. Any parent 2,473
ordered to pay support under a child support order issued under 2,474
this section shall continue to pay support under the order, 2,475
including during seasonal vacation periods, until the order 2,476
terminates. 2,477
(L)(1) A person who violates a protection order issued or 2,479
a consent agreement approved under this section is subject to the 2,480
following sanctions: 2,481
(a) Criminal prosecution for a violation of section 2,483
2919.27 of the Revised Code, if the violation of the protection 2,484
order or consent agreement constitutes a violation of that 2,485
section; 2,486
(b) Punishment for contempt of court. 2,488
(2) The punishment of a person for contempt of court for 2,490
violation of a protection order issued or a consent agreement 2,491
approved under this section does not bar criminal prosecution of 2,492
the person for a violation of section 2919.27 of the Revised 2,493
Code. However, a person punished for contempt of court is 2,494
entitled to credit for the punishment imposed upon conviction of 2,495
a violation of that section, and a person convicted of a 2,496
61
violation of that section shall not subsequently be punished for 2,497
contempt of court arising out of the same activity. 2,498
(M) In all stages of a proceeding under this section, a 2,500
petitioner may be accompanied by a victim advocate. 2,501
(N)(1) A petitioner who obtains a protection order or 2,503
consent agreement under this section or a temporary protection 2,504
order under section 2919.26 of the Revised Code may provide 2,505
notice of the issuance or approval of the order or agreement to 2,506
the judicial and law enforcement officials in any county other
than the county in which the order is issued or the agreement is 2,507
approved by registering that order or agreement in the other 2,508
county pursuant to division (N)(2) of this section and filing a 2,509
copy of the registered order or registered agreement with a law 2,510
enforcement agency in the other county in accordance with that 2,511
division.
(2) A petitioner may register a temporary protection 2,513
order, protection order, or consent agreement in a county other 2,514
than the county in which the court that issued the order or 2,515
approved the agreement is located in the following manner: 2,516
(a) The petitioner shall obtain a certified copy of the 2,518
order or agreement from the clerk of the court that issued the 2,519
order or approved the agreement and present that certified copy 2,520
to the clerk of the court of common pleas or the clerk of a 2,521
municipal court or county court in the county in which the order 2,522
or agreement is to be registered. 2,523
(b) Upon accepting the certified copy of the order or 2,525
agreement for registration, the clerk of the court of common 2,526
pleas, municipal court, or county court shall place an 2,527
endorsement of registration on the order or agreement and give 2,528
the petitioner a copy of the order or agreement that bears that 2,529
proof of registration. 2,530
(3) The clerk of each court of common pleas, the clerk of 2,532
each municipal court, and the clerk of each county court shall 2,533
maintain a registry of certified copies of temporary protection 2,534
62
orders, protection orders, or consent agreements that have been 2,535
issued or approved by courts in other counties and that have been 2,536
registered with the clerk. 2,537
(4) If a petitioner who obtains a protection order or 2,539
consent agreement under this section or a temporary protection 2,540
order under section 2919.26 of the Revised Code wishes to 2,541
register the order or agreement in any county other than the 2,542
county in which the order was issued or the agreement was
approved, pursuant to divisions (N)(1) to (3) of this section, 2,543
and if the petitioner is indigent, both of the following apply: 2,544
(a) If the petitioner submits to the clerk of the court 2,546
that issued the order or approved the agreement satisfactory 2,547
proof that the petitioner is indigent, the clerk may waive any 2,548
fee that otherwise would be required for providing the petitioner 2,549
with a certified copy of the order or agreement to be used for
purposes of divisions (N)(1) to (3) of this section; 2,550
(b) If the petitioner submits to the clerk of the court of 2,552
common pleas or the clerk of a municipal court or county court in 2,553
the county in which the order or agreement is to be registered 2,555
satisfactory proof that the petitioner is indigent, the clerk may 2,556
waive any fee that otherwise would be required for accepting for
registration a certified copy of the order or agreement, for 2,557
placing an endorsement of registration on the order or agreement, 2,558
or for giving the petitioner a copy of the order or agreement 2,559
that bears the proof of registration. 2,560
Sec. 3113.33. As used in sections 3113.33 to 3113.39 of 2,569
the Revised Code: 2,570
(A) "Domestic violence" means attempting to cause or 2,572
causing bodily injury to a family or household member, or placing 2,573
a family or household member by threat of force in fear of 2,574
imminent physical harm. 2,575
(B) "Family or household member" means any of the 2,577
following: 2,578
(1) Any of the following who is residing or has resided 2,580
63
with the person committing the domestic violence: 2,581
(a) A spouse, a person living as a spouse, or a former 2,583
spouse of the person committing the domestic violence; 2,584
(b) A parent or child of the person committing the 2,586
domestic violence, or another person related by consanguinity or 2,587
affinity to the person committing the domestic violence; 2,588
(c) A parent or a child of a spouse, person living as a 2,590
spouse, or former spouse of the person committing the domestic 2,591
violence, or another person related by consanguinity or affinity 2,592
to a spouse, person living as a spouse, or former spouse of the 2,593
person committing the domestic violence; 2,594
(d) The dependents of any person listed in division 2,596
(B)(1)(a), (b), or (c) of this section. 2,597
(2) The natural parent of any child of whom the person 2,599
committing the domestic violence is, OR IS ALLEGED TO BE, the 2,601
other natural parent. 2,602
(C) "Shelter for victims of domestic violence" or 2,604
"shelter" means a facility that provides temporary residential 2,605
service or facilities to family or household members who are 2,606
victims of domestic violence. 2,607
(D) "Person living as a spouse" means a person who is 2,609
living or has lived with the person committing the domestic 2,610
violence in a common law marital relationship, who otherwise is 2,611
cohabiting with the person committing the domestic violence, or 2,613
who otherwise has cohabited with the person committing the 2,614
domestic violence within one year FIVE YEARS prior to the date of 2,616
the alleged occurrence of the act in question. 2,617
Section 2. That existing sections 737.11, 1901.18, 2,619
1901.19, 1905.01 1907.18, 2919.25, 2919.26, 2919.27, 2919.271, 2,620
2935.03, 2935.032, 2937.23, 3113.31, and 3113.33 of the Revised 2,621
Code are hereby repealed.
Section 3. Section 2935.03 of the Revised Code is 2,623
presented in this act as a composite of the section as amended by 2,624
both Am. Sub. S.B. 285 and Sub. H.B. 670 of the 121st General 2,625
64
Assembly, with the new language of neither of the acts shown in 2,626
capital letters. Section 3113.31 of the Revised Code is 2,627
presented in this act as a composite of the section as amended by 2,628
both Sub. H.B. 274 and Am. Sub. H.B. 438 of the 121st General 2,629
Assembly, with the new language of neither of the acts shown in 2,631
capital letters. This is in recognition of the principle stated 2,632
in division (B) of section 1.52 of the Revised Code that such 2,633
amendments are to be harmonized where not substantively 2,634
irreconcilable and constitutes a legislative finding that such is 2,635
the resulting version in effect prior to the effective date of 2,636
this act.
Section 4. Sections 1 and 2 of this act shall take effect 2,638
July 1, 1997, or the earliest time permitted by law, whichever is 2,639
later.