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           

                                                          3      

                                                                 
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          

                                                          4      

                                                                 
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          

                                                          5      

                                                                 
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          

                                                          6      

                                                                 
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          

                                                          7      

                                                                 
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          

                                                          8      

                                                                 
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          

                                                          9      

                                                                 
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          

                                                          10     

                                                                 
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          

                                                          11     

                                                                 
      (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          

                                                          12     

                                                                 
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          

                                                          13     

                                                                 
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.                                                                         

                                                          14     

                                                                 
      (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          

                                                          15     

                                                                 
      (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          

                                                          16     

                                                                 
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.