REPRESENTATIVE Manning

To amend sections 2903.213, 2903.214, 2919.26,

1

2919.272, and 3113.31 of the Revised Code to

2

clarify that no fees related to certain protection

3

orders and consent agreements may be charged.

4

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

Section 1. That sections 2903.213, 2903.214, 2919.26,	5
2919.272, and 3113.31 of the Revised Code be amended to read as	6
follows:	7

Sec. 2903.213.  (A) Except when the complaint involves a	8
person who is a family or household member as defined in section	9
2919.25 of the Revised Code, upon the filing of a complaint that	10
alleges a violation of section 2903.11, 2903.12, 2903.13, 2903.21,	11
2903.211, 2903.22, or 2911.211 of the Revised Code or a violation	12
of a municipal ordinance substantially similar to section 2903.13,	13
2903.21, 2903.211, 2903.22, or 2911.211 of the Revised Code, the	14
complainant, the alleged victim, or a family or household member	15
of an alleged victim may file a motion that requests the issuance	16
of a protection order as a pretrial condition of release of the	17
alleged offender, in addition to any bail set under Criminal Rule	18
46. The motion shall be filed with the clerk of the court that	19
has jurisdiction of the case at any time after the filing of the	20
complaint. If the complaint involves a person who is a family or	21
household member, the complainant, the alleged victim, or the	22
family or household member may file a motion for a temporary	23
protection order pursuant to section 2919.26 of the Revised Code.	24

(B) A motion for a protection order under this section shall	25
be prepared on a form that is provided by the clerk of the court,	26
and the form shall be substantially as follows:	27

"Motion for Protection Order

28

............................

29

Name and address of court

30

State of Ohio

31

.............................

33

Name of Defendant

34

(Name of person), moves the court to issue a protection order	35
containing terms designed to ensure the safety and protection of	36
the complainant or the alleged victim in the above-captioned case,	37
in relation to the named defendant, pursuant to its authority to	38
issue a protection order under section 2903.213 of the Revised	39
Code.	40

A complaint, a copy of which has been attached to this	41
motion, has been filed in this court charging the named defendant	42
with a violation of section 2903.11, 2903.12, 2903.13, 2903.21,	43
2903.211, 2903.22, or 2911.211 of the Revised Code or a violation	44
of a municipal ordinance substantially similar to section 2903.13,	45
2903.21, 2903.211, 2903.22, or 2911.211 of the Revised Code.	46

I understand that I must appear before the court, at a time	47
set by the court not later than the next day that the court is in	48
session after the filing of this motion, for a hearing on the	49
motion, and that any protection order granted pursuant to this	50
motion is a pretrial condition of release and is effective only	51
until the disposition of the criminal proceeding arising out of	52
the attached complaint or until the issuance under section	53
2903.214 of the Revised Code of a protection order arising out of	54
the same activities as those that were the basis of the attached	55
complaint.	56

.....................................

57

Signature of person

58

.....................................

59

Address of person"

60

(C)(1) As soon as possible after the filing of a motion that	61
requests the issuance of a protection order under this section,	62
but not later than the next day that the court is in session after	63
the filing of the motion, the court shall conduct a hearing to	64
determine whether to issue the order. The person who requested	65
the order shall appear before the court and provide the court with	66
the information that it requests concerning the basis of the	67
motion. If the court finds that the safety and protection of the	68
complainant or the alleged victim may be impaired by the continued	69
presence of the alleged offender, the court may issue a protection	70
order under this section, as a pretrial condition of release, that	71
contains terms designed to ensure the safety and protection of the	72
complainant or the alleged victim, including a requirement that	73
the alleged offender refrain from entering the residence, school,	74
business, or place of employment of the complainant or the alleged	75
victim.	76

(2)(a) If the court issues a protection order under this	77
section that includes a requirement that the alleged offender	78
refrain from entering the residence, school, business, or place of	79
employment of the complainant or the alleged victim, the order	80
shall clearly state that the order cannot be waived or nullified	81
by an invitation to the alleged offender from the complainant, the	82
alleged victim, or a family or household member to enter the	83
residence, school, business, or place of employment or by the	84
alleged offender's entry into one of those places otherwise upon	85
the consent of the complainant, the alleged victim, or a family or	86
household member.	87

(b) Division (C)(2)(a) of this section does not limit any	88
discretion of a court to determine that an alleged offender	89
charged with a violation of section 2919.27 of the Revised Code,	90
with a violation of a municipal ordinance substantially equivalent	91
to that section, or with contempt of court, which charge is based	92
on an alleged violation of a protection order issued under this	93
section, did not commit the violation or was not in contempt of	94
court.	95

(D)(1) Except when the complaint involves a person who is a	96
family or household member as defined in section 2919.25 of the	97
Revised Code, upon the filing of a complaint that alleges a	98
violation specified in division (A) of this section, the court,	99
upon its own motion, may issue a protection order under this	100
section as a pretrial condition of release of the alleged offender	101
if it finds that the safety and protection of the complainant or	102
the alleged victim may be impaired by the continued presence of	103
the alleged offender.	104

(2) If the court issues a protection order under this	105
section as an ex parte order, it shall conduct, as soon as	106
possible after the issuance of the order but not later than the	107
next day that the court is in session after its issuance, a	108
hearing to determine whether the order should remain in effect, be	109
modified, or be revoked. The hearing shall be conducted under the	110
standards set forth in division (C) of this section.	111

(3) If a municipal court or a county court issues a	112
protection order under this section and if, subsequent to the	113
issuance of the order, the alleged offender who is the subject of	114
the order is bound over to the court of common pleas for	115
prosecution of a felony arising out of the same activities as	116
those that were the basis of the complaint upon which the order is	117
based, notwithstanding the fact that the order was issued by a	118
municipal court or county court, the order shall remain in effect,	119
as though it were an order of the court of common pleas, while the	120
charges against the alleged offender are pending in the court of	121
common pleas, for the period of time described in division (E)(2)	122
of this section, and the court of common pleas has exclusive	123
jurisdiction to modify the order issued by the municipal court or	124
county court. This division applies when the alleged offender is	125
bound over to the court of common pleas as a result of the person	126
waiving a preliminary hearing on the felony charge, as a result of	127
the municipal court or county court having determined at a	128
preliminary hearing that there is probable cause to believe that	129
the felony has been committed and that the alleged offender	130
committed it, as a result of the alleged offender having been	131
indicted for the felony, or in any other manner.	132

(E) A protection order that is issued as a pretrial	133
condition of release under this section:	134

(1) Is in addition to, but shall not be construed as a part	135
of, any bail set under Criminal Rule 46;	136

(2) Is effective only until the disposition, by the court	137
that issued the order or, in the circumstances described in	138
division (D)(3) of this section, by the court of common pleas to	139
which the alleged offender is bound over for prosecution, of the	140
criminal proceeding arising out of the complaint upon which the	141
order is based or until the issuance under section 2903.214 of the	142
Revised Code of a protection order arising out of the same	143
activities as those that were the basis of the complaint filed	144
under this section;	145

(3) Shall not be construed as a finding that the alleged	146
offender committed the alleged offense and shall not be introduced	147
as evidence of the commission of the offense at the trial of the	148
alleged offender on the complaint upon which the order is based.	149

(F) A person who meets the criteria for bail under Criminal	150
Rule 46 and who, if required to do so pursuant to that rule,	151
executes or posts bond or deposits cash or securities as bail,	152
shall not be held in custody pending a hearing before the court on	153
a motion requesting a protection order under this section.	154

(G)(1) A copy of a protection order that is issued under	155
this section shall be issued by the court to the complainant, to	156
the alleged victim, to the person who requested the order, to the	157
defendant, and to all law enforcement agencies that have	158
jurisdiction to enforce the order. The court shall direct that a	159
copy of the order be delivered to the defendant on the same day	160
that the order is entered. If a municipal court or a county court	161
issues a protection order under this section and if, subsequent to	162
the issuance of the order, the defendant who is the subject of the	163
order is bound over to the court of common pleas for prosecution	164
as described in division (D)(3) of this section, the municipal	165
court or county court shall direct that a copy of the order be	166
delivered to the court of common pleas to which the defendant is	167
bound over.	168

(2) All law enforcement agencies shall establish and	169
maintain an index for the protection orders delivered to the	170
agencies pursuant to division (G)(1) of this section. With	171
respect to each order delivered, each agency shall note on the	172
index the date and time of the agency's receipt of the order.	173

(3) Regardless of whether the petitioner has registered the	174
protection order in the county in which the officer's agency has	175
jurisdiction, any officer of a law enforcement agency shall	176
enforce a protection order issued pursuant to this section in	177
accordance with the provisions of the order.	178

(H) Upon a violation of a protection order issued pursuant	179
to this section, the court may issue another protection order	180
under this section, as a pretrial condition of release, that	181
modifies the terms of the order that was violated.	182

(I) Notwithstanding any provision of law to the contrary and	183
regardless of whether a protection order is issued by a court of	184
another county or by a court of another state, no court shall	185
charge a fee forin connection with the filing of a motion	186
pursuant to this section, in connection with the filing, issuance,	187
registration, or service of a protection order, or for obtaining	188
certified copies of a protection order.	189

Sec. 2903.214.  (A) As used in this section:

190

(1) "Court" means the court of common pleas of the county in	191
which the person to be protected by the protection order resides.	192

(2) "Victim advocate" means a person who provides support	193
and assistance for a person who files a petition under this	194
section.	195

(3) "Family or household member" has the same meaning as in	196
section 3113.31 of the Revised Code.	197

(4) "Protection order issued by a court of another state"	198
has the same meaning as in section 2919.27 of the Revised Code.	199

(B) The court has jurisdiction over all proceedings under	200
this section.	201

(C) A person may seek relief under this section for the	202
person, or any parent or adult household member may seek relief	203
under this section on behalf of any other family or household	204
member, by filing a petition with the court. The petition shall	205
contain or state both of the following:	206

(1) An allegation that the respondent engaged in a violation	207
of section 2903.211 of the Revised Code against the person to be	208
protected by the protection order, including a description of the	209
nature and extent of the violation;	210

(2) A request for relief under this section.

211

(D)(1) If a person who files a petition pursuant to this	212
section requests an ex parte order, the court shall hold an ex	213
parte hearing as soon as possible after the petition is filed, but	214
not later than the next day that the court is in session after the	215
petition is filed. The court, for good cause shown at the ex	216
parte hearing, may enter any temporary orders, with or without	217
bond, that the court finds necessary for the safety and protection	218
of the person to be protected by the order. Immediate and present	219
danger to the person to be protected by the protection order	220
constitutes good cause for purposes of this section. Immediate	221
and present danger includes, but is not limited to, situations in	222
which the respondent has threatened the person to be protected by	223
the protection order with bodily harm or in which the respondent	224
previously has been convicted of or pleaded guilty to a violation	225
of section 2903.211 of the Revised Code against the person to be	226
protected by the protection order.	227

(2)(a) If the court, after an ex parte hearing, issues a	228
protection order described in division (E) of this section, the	229
court shall schedule a full hearing for a date that is within ten	230
court days after the ex parte hearing. The court shall give the	231
respondent notice of, and an opportunity to be heard at, the full	232
hearing. The court shall hold the full hearing on the date	233
scheduled under this division unless the court grants a	234
continuance of the hearing in accordance with this division.	235
Under any of the following circumstances or for any of the	236
following reasons, the court may grant a continuance of the full	237
hearing to a reasonable time determined by the court:	238

(i) Prior to the date scheduled for the full hearing under	239
this division, the respondent has not been served with the	240
petition filed pursuant to this section and notice of the full	241
hearing.	242

(ii) The parties consent to the continuance.

243

(iii) The continuance is needed to allow a party to obtain	244
counsel.	245

(iv) The continuance is needed for other good cause.

246

(b) An ex parte order issued under this section does not	247
expire because of a failure to serve notice of the full hearing	248
upon the respondent before the date set for the full hearing under	249
division (D)(2)(a) of this section or because the court grants a	250
continuance under that division.	251

(3) If a person who files a petition pursuant to this	252
section does not request an ex parte order, or if a person	253
requests an ex parte order but the court does not issue an ex	254
parte order after an ex parte hearing, the court shall proceed as	255
in a normal civil action and grant a full hearing on the matter.	256

(E)(1) After an ex parte or full hearing, the court may	257
issue any protection order, with or without bond, that contains	258
terms designed to ensure the safety and protection of the person	259
to be protected by the protection order, including, but not	260
limited to, a requirement that the respondent refrain from	261
entering the residence, school, business, or place of employment	262
of the petitioner or family or household member. If the court	263
includes a requirement that the respondent refrain from entering	264
the residence, school, business, or place of employment of the	265
petitioner or family or household member in the order, it also	266
shall include in the order provisions of the type described in	267
division (E)(5) of this section.	268

(2)(a) Any protection order issued pursuant to this section	269
shall be valid until a date certain but not later than five years	270
from the date of its issuance.	271

(b) Any protection order issued pursuant to this section may	272
be renewed in the same manner as the original order was issued.	273

(3) A court may not issue a protection order that requires a	274
petitioner to do or to refrain from doing an act that the court	275
may require a respondent to do or to refrain from doing under	276
division (E)(1) of this section unless all of the following apply:	277

(a) The respondent files a separate petition for a	278
protection order in accordance with this section.	279

(b) The petitioner is served with notice of the respondent's	280
petition at least forty-eight hours before the court holds a	281
hearing with respect to the respondent's petition, or the	282
petitioner waives the right to receive this notice.	283

(c) If the petitioner has requested an ex parte order	284
pursuant to division (D) of this section, the court does not delay	285
any hearing required by that division beyond the time specified in	286
that division in order to consolidate the hearing with a hearing	287
on the petition filed by the respondent.	288

(d) After a full hearing at which the respondent presents	289
evidence in support of the request for a protection order and the	290
petitioner is afforded an opportunity to defend against that	291
evidence, the court determines that the petitioner has committed a	292
violation of section 2903.211 of the Revised Code against the	293
person to be protected by the protection order issued pursuant to	294
this section or has violated a protection order issued pursuant to	295
section 2903.213 of the Revised Code relative to the person to be	296
protected by the protection order issued pursuant to this section.	297

(4) No protection order issued pursuant to this section	298
shall in any manner affect title to any real property.	299

(5)(a) If the court issues a protection order under this	300
section that includes a requirement that the alleged offender	301
refrain from entering the residence, school, business, or place of	302
employment of the petitioner or a family or household member, the	303
order shall clearly state that the order cannot be waived or	304
nullified by an invitation to the alleged offender from the	305
complainant to enter the residence, school, business, or place of	306
employment or by the alleged offender's entry into one of those	307
places otherwise upon the consent of the petitioner or family or	308
household member.	309

(b) Division (E)(5)(a) of this section does not limit any	310
discretion of a court to determine that an alleged offender	311
charged with a violation of section 2919.27 of the Revised Code,	312
with a violation of a municipal ordinance substantially equivalent	313
to that section, or with contempt of court, which charge is based	314
on an alleged violation of a protection order issued under this	315
section, did not commit the violation or was not in contempt of	316
court.	317

(F)(1) The court shall cause the delivery of a copy of any	318
protection order that is issued under this section to the	319
petitioner, to the respondent, and to all law enforcement agencies	320
that have jurisdiction to enforce the order. The court shall	321
direct that a copy of the order be delivered to the respondent on	322
the same day that the order is entered.	323

(2) All law enforcement agencies shall establish and	324
maintain an index for the protection orders delivered to the	325
agencies pursuant to division (F)(1) of this section. With	326
respect to each order delivered, each agency shall note on the	327
index the date and time that it received the order.	328

(3) Regardless of whether the petitioner has registered the	329
protection order in the county in which the officer's agency has	330
jurisdiction pursuant to division (M) of this section, any officer	331
of a law enforcement agency shall enforce a protection order	332
issued pursuant to this section by any court in this state in	333
accordance with the provisions of the order, including removing	334
the respondent from the premises, if appropriate.	335

(G) Any proceeding under this section shall be conducted in	336
accordance with the Rules of Civil Procedure, except that a	337
protection order may be obtained under this section with or	338
without bond. An order issued under this section, other than an	339
ex parte order, that grants a protection order, or that refuses to	340
grant a protection order, is a final, appealable order. The	341
remedies and procedures provided in this section are in addition	342
to, and not in lieu of, any other available civil or criminal	343
remedies.	344

(H) The filing of proceedings under this section does not	345
excuse a person from filing any report or giving any notice	346
required by section 2151.421 of the Revised Code or by any other	347
law.	348

(I) Any law enforcement agency that investigates an alleged	349
violation of section 2903.211 of the Revised Code shall provide	350
information to the victim and the family or household members of	351
the victim regarding the relief available under this section and	352
section 2903.213 of the Revised Code.	353

(J) Notwithstanding any provision of law to the contrary and	354
regardless of whether a protection order is issued by a court of	355
another county or by a court of another state, no court shall	356
charge a fee forin connection with the filing of a petition	357
pursuant to this section, in connection with the filing, issuance,	358
registration, or service of a protection order, or for obtaining a	359
certified copy of a protection order.	360

(K)(1) A person who violates a protection order issued under	361
this section is subject to the following sanctions:	362

(a) Criminal prosecution for a violation of section 2919.27	363
of the Revised Code, if the violation of the protection order	364
constitutes a violation of that section;	365

(b) Punishment for contempt of court.

366

(2) The punishment of a person for contempt of court for	367
violation of a protection order issued under this section does not	368
bar criminal prosecution of the person for a violation of section	369
2919.27 of the Revised Code. However, a person punished for	370
contempt of court is entitled to credit for the punishment imposed	371
upon conviction of a violation of that section, and a person	372
convicted of a violation of that section shall not subsequently be	373
punished for contempt of court arising out of the same activity.	374

(L) In all stages of a proceeding under this section, a	375
petitioner may be accompanied by a victim advocate.	376

(M)(1) A petitioner who obtains a protection order under	377
this section or a protection order under section 2903.213 of the	378
Revised Code may provide notice of the issuance or approval of the	379
order to the judicial and law enforcement officials in any county	380
other than the county in which the order is issued by registering	381
that order in the other county pursuant to division (M)(2) of this	382
section and filing a copy of the registered order with a law	383
enforcement agency in the other county in accordance with that	384
division. A person who obtains a protection order issued by a	385
court of another state may provide notice of the issuance of the	386
order to the judicial and law enforcement officials in any county	387
of this state by registering the order in that county pursuant to	388
section 2919.272 of the Revised Code and filing a copy of the	389
registered order with a law enforcement agency in that county.	390

(2) A petitioner may register a protection order issued	391
pursuant to this section or section 2903.213 of the Revised Code	392
in a county other than the county in which the court that issued	393
the order is located in the following manner:	394

(a) The petitioner shall obtain a certified copy of the	395
order from the clerk of the court that issued the order and	396
present that certified copy to the clerk of the court of common	397
pleas or the clerk of a municipal court or county court in the	398
county in which the order is to be registered.	399

(b) Upon accepting the certified copy of the order for	400
registration, the clerk of the court of common pleas, municipal	401
court, or county court shall place an endorsement of registration	402
on the order and give the petitioner a copy of the order that	403
bears that proof of registration.	404

(3) The clerk of each court of common pleas, municipal	405
court, or county court shall maintain a registry of certified	406
copies of protection orders that have been issued by courts in	407
other counties pursuant to this section or section 2903.213 of the	408
Revised Code and that have been registered with the clerk.	409

(4) If a petitioner who obtains a protection order under	410
this section or section 2903.213 of the Revised Code wishes to	411
register the order in any county other than the county in which	412
the order was issued, pursuant to divisions (M)(1) to (3) of this	413
section, and if the petitioner is indigent, both of the following	414
apply:	415

(a) If the petitioner submits to the clerk of the court that	416
issued the order satisfactory proof that the petitioner is	417
indigent, the clerk may waive any fee that otherwise would be	418
required for providing the petitioner with a certified copy of the	419
order to be used for purposes of divisions (M)(1) to (3) of this	420
section.	421

(b) If the petitioner submits to the clerk of the court of	422
common pleas or the clerk of a municipal court or county court in	423
the county in which the order is to be registered satisfactory	424
proof that the petitioner is indigent, the clerk may waive any fee	425
that otherwise would be required for accepting for registration a	426
certified copy of the order, for placing an endorsement of	427
registration on the order, or for giving the petitioner a copy of	428
the order that bears the proof of registration.	429

Sec. 2919.26.  (A)(1) Upon the filing of a complaint that	430
alleges a violation of section 2919.25 of the Revised Code, a	431
violation of a municipal ordinance substantially similar to that	432
section, a violation of section 2903.11, 2903.12, 2903.13,	433
2903.211, or 2911.211 of the Revised Code that involves a person	434
who was a family or household member at the time of the violation,	435
or a violation of a municipal ordinance that is substantially	436
similar to section 2903.13, 2903.211, or 2911.211 of the Revised	437
Code that involves a person who was a family or household member	438
at the time of the violation, the complainant, the alleged victim,	439
or a family or household member of an alleged victim may file, or,	440
if in an emergency the alleged victim is unable to file, a person	441
who made an arrest for the alleged violation under section 2935.03	442
of the Revised Code may file on behalf of the alleged victim, a	443
motion that requests the issuance of a temporary protection order	444
as a pretrial condition of release of the alleged offender, in	445
addition to any bail set under Criminal Rule 46. The motion shall	446
be filed with the clerk of the court that has jurisdiction of the	447
case at any time after the filing of the complaint.	448

(2) For purposes of section 2930.09 of the Revised Code, all	449
stages of a proceeding arising out of a violation specified in	450
division (A)(1) of this section, including all proceedings on a	451
motion for a temporary protection order, are critical stages of	452
the case, and a victim may be accompanied by a victim advocate or	453
another person to provide support to the victim as provided in	454
that section.	455

(B) The motion shall be prepared on a form that is provided	456
by the clerk of the court, which form shall be substantially as	457
follows:	458

"MOTION FOR TEMPORARY PROTECTION ORDER

459

.......................... Court

460

Name and address of court

461

State of Ohio

462

.................

464

Name of Defendant

465

(name of person), moves the court to issue a temporary protection	466
order containing terms designed to ensure the safety and	467
protection of the complainant, alleged victim, and other family or	468
household members, in relation to the named defendant, pursuant to	469
its authority to issue such an order under section 2919.26 of the	470
Revised Code.	471

A complaint, a copy of which has been attached to this	472
motion, has been filed in this court charging the named defendant	473
with at least one of the following violations of section 2919.25	474
of the Revised Code that constitutes "domestic violence" or a	475
municipal ordinance that is substantially similar to that section:	476
knowingly causing or attempting to cause physical harm to a family	477
or household member; recklessly causing serious physical harm to a	478
family or household member; or, by threat of force, knowingly	479
causing a family or household member to believe that the named	480
defendant would cause imminent physical harm to that family or	481
household member; charging the named defendant with felonious	482
assault, aggravated assault, or assault that involved a family or	483
household member in violation of section 2903.11, 2903.12, or	484
2903.13 of the Revised Code; charging the named defendant with	485
menacing by stalking or aggravated trespass that involves a family	486
or household member in violation of section 2903.211 or 2911.211	487
of the Revised Code; or charging the named defendant with a	488
violation of a municipal ordinance that is substantially similar	489
to section 2903.13, 2903.211, or 2911.211 of the Revised Code that	490
involves a family or household member.	491

I understand that I must appear before the court, at a time	492
set by the court within twenty-four hours after the filing of this	493
motion, for a hearing on the motion or that, if I am unable to	494
appear because of hospitalization or a medical condition resulting	495
from the offense alleged in the complaint, a person who can	496
provide information about my need for a temporary protection order	497
must appear before the court in lieu of my appearing in court. I	498
understand that any temporary protection order granted pursuant to	499
this motion is a pretrial condition of release and is effective	500
only until the disposition of the criminal proceeding arising out	501
of the attached complaint, or the issuance of a civil protection	502
order or the approval of a consent agreement, arising out of the	503
same activities as those that were the basis of the complaint,	504
under section 3113.31 of the Revised Code.	505

..........................................

506

Signature of person

507

(or signature of the arresting officer who filed the motion on	508
behalf of the alleged victim)	509

..........................................

510

Address of person (or office address of the arresting officer who	511
filed the motion on behalf of the alleged victim)"	512

(C)(1) As soon as possible after the filing of a motion that	513
requests the issuance of a temporary protection order, but not	514
later than twenty-four hours after the filing of the motion, the	515
court shall conduct a hearing to determine whether to issue the	516
order. The person who requested the order shall appear before the	517
court and provide the court with the information that it requests	518
concerning the basis of the motion. If the person who requested	519
the order is unable to appear and if the court finds that the	520
failure to appear is because of the person's hospitalization or	521
medical condition resulting from the offense alleged in the	522
complaint, another person who is able to provide the court with	523
the information it requests may appear in lieu of the person who	524
requested the order. If the court finds that the safety and	525
protection of the complainant, alleged victim, or any other family	526
or household member of the alleged offender may be impaired by the	527
continued presence of the alleged offender, the court may issue a	528
temporary protection order, as a pretrial condition of release,	529
that contains terms designed to ensure the safety and protection	530
of the complainant, alleged victim, or the family or household	531
member, including a requirement that the alleged offender refrain	532
from entering the residence, school, business, or place of	533
employment of the complainant, alleged victim, or the family or	534
household member.	535

(2)(a) If the court issues a temporary protection order that	536
includes a requirement that the alleged offender refrain from	537
entering the residence, school, business, or place of employment	538
of the complainant, the alleged victim, or the family or household	539
member, the order shall state clearly that the order cannot be	540
waived or nullified by an invitation to the alleged offender from	541
the complainant, alleged victim, or family or household member to	542
enter the residence, school, business, or place of employment or	543
by the alleged offender's entry into one of those places otherwise	544
upon the consent of the complainant, alleged victim, or family or	545
household member.	546

(b) Division (C)(2)(a) of this section does not limit any	547
discretion of a court to determine that an alleged offender	548
charged with a violation of section 2919.27 of the Revised Code,	549
with a violation of a municipal ordinance substantially equivalent	550
to that section, or with contempt of court, which charge is based	551
on an alleged violation of a temporary protection order issued	552
under this section, did not commit the violation or was not in	553
contempt of court.	554

(D)(1) Upon the filing of a complaint that alleges a	555
violation of section 2919.25 of the Revised Code, a violation of a	556
municipal ordinance that is substantially similar to that section,	557
a violation of section 2903.11, 2903.12, 2903.13, 2903.211, or	558
2911.211 of the Revised Code that involves a person who was a	559
family or household member at the time of the violation, or a	560
violation of a municipal ordinance that is substantially similar	561
to section 2903.13, 2903.211, or 2911.211 of the Revised Code that	562
involves a person who was a family or household member at the time	563
of the violation, the court, upon its own motion, may issue a	564
temporary protection order as a pretrial condition of release if	565
it finds that the safety and protection of the complainant,	566
alleged victim, or other family or household member of the alleged	567
offender may be impaired by the continued presence of the alleged	568
offender.	569

(2) If the court issues a temporary protection order under	570
this section as an ex parte order, it shall conduct, as soon as	571
possible after the issuance of the order, a hearing in the	572
presence of the alleged offender not later than the next day on	573
which the court is scheduled to conduct business after the day on	574
which the alleged offender was arrested or at the time of the	575
appearance of the alleged offender pursuant to summons to	576
determine whether the order should remain in effect, be modified,	577
or be revoked. The hearing shall be conducted under the standards	578
set forth in division (C) of this section.	579

(3) An order issued under this section shall contain only	580
those terms authorized in orders issued under division (C) of this	581
section.	582

(4) If a municipal court or a county court issues a	583
temporary protection order under this section and if, subsequent	584
to the issuance of the order, the alleged offender who is the	585
subject of the order is bound over to the court of common pleas	586
for prosecution of a felony arising out of the same activities as	587
those that were the basis of the complaint upon which the order is	588
based, notwithstanding the fact that the order was issued by a	589
municipal court or county court, the order shall remain in effect,	590
as though it were an order of the court of common pleas, while the	591
charges against the alleged offender are pending in the court of	592
common pleas, for the period of time described in division (E)(2)	593
of this section, and the court of common pleas has exclusive	594
jurisdiction to modify the order issued by the municipal court or	595
county court. This division applies when the alleged offender is	596
bound over to the court of common pleas as a result of the person	597
waiving a preliminary hearing on the felony charge, as a result of	598
the municipal court or county court having determined at a	599
preliminary hearing that there is probable cause to believe that	600
the felony has been committed and that the alleged offender	601
committed it, as a result of the alleged offender having been	602
indicted for the felony, or in any other manner.	603

(E) A temporary protection order that is issued as a	604
pretrial condition of release under this section:	605

(1) Is in addition to, but shall not be construed as a part	606
of, any bail set under Criminal Rule 46;	607

(2) Is effective only until the occurrence of either of the	608
following:	609

(a) The disposition, by the court that issued the order or,	610
in the circumstances described in division (D)(4) of this section,	611
by the court of common pleas to which the alleged offender is	612
bound over for prosecution, of the criminal proceeding arising out	613
of the complaint upon which the order is based;	614

(b) The issuance of a protection order or the approval of a	615
consent agreement, arising out of the same activities as those	616
that were the basis of the complaint upon which the order is	617
based, under section 3113.31 of the Revised Code;	618

(3) Shall not be construed as a finding that the alleged	619
offender committed the alleged offense, and shall not be	620
introduced as evidence of the commission of the offense at the	621
trial of the alleged offender on the complaint upon which the	622
order is based.	623

(F) A person who meets the criteria for bail under Criminal	624
Rule 46 and who, if required to do so pursuant to that rule,	625
executes or posts bond or deposits cash or securities as bail,	626
shall not be held in custody pending a hearing before the court on	627
a motion requesting a temporary protection order.	628

(G)(1) A copy of any temporary protection order that is	629
issued under this section shall be issued by the court to the	630
complainant, to the alleged victim, to the person who requested	631
the order, to the defendant, and to all law enforcement agencies	632
that have jurisdiction to enforce the order. The court shall	633
direct that a copy of the order be delivered to the defendant on	634
the same day that the order is entered. If a municipal court or a	635
county court issues a temporary protection order under this	636
section and if, subsequent to the issuance of the order, the	637
defendant who is the subject of the order is bound over to the	638
court of common pleas for prosecution as described in division	639
(D)(4) of this section, the municipal court or county court shall	640
direct that a copy of the order be delivered to the court of	641
common pleas to which the defendant is bound over.	642

(2) All law enforcement agencies shall establish and	643
maintain an index for the temporary protection orders delivered to	644
the agencies pursuant to division (G)(1) of this section. With	645
respect to each order delivered, each agency shall note on the	646
index, the date and time of the receipt of the order by the	647
agency.	648

(3) A complainant, alleged victim, or other person who	649
obtains a temporary protection order under this section may	650
provide notice of the issuance of the temporary protection order	651
to the judicial and law enforcement officials in any county other	652
than the county in which the order is issued by registering that	653
order in the other county in accordance with division (N) of	654
section 3113.31 of the Revised Code and filing a copy of the	655
registered protection order with a law enforcement agency in the	656
other county in accordance with that division.	657

(4) Any officer of a law enforcement agency shall enforce a	658
temporary protection order issued by any court in this state in	659
accordance with the provisions of the order, including removing	660
the defendant from the premises, regardless of whether the order	661
is registered in the county in which the officer's agency has	662
jurisdiction as authorized by division (G)(3) of this section.	663

(H) Upon a violation of a temporary protection order, the	664
court may issue another temporary protection order, as a pretrial	665
condition of release, that modifies the terms of the order that	666
was violated.	667

(I)(1) As used in divisions (I)(1) and (2) of this section,	668
"defendant" means a person who is alleged in a complaint to have	669
committed a violation of the type described in division (A) of	670
this section.	671

(2) If a complaint is filed that alleges that a person	672
committed a violation of the type described in division (A) of	673
this section, the court may not issue a temporary protection order	674
under this section that requires the complainant, the alleged	675
victim, or another family or household member of the defendant to	676
do or refrain from doing an act that the court may require the	677
defendant to do or refrain from doing under a temporary protection	678
order unless both of the following apply:	679

(a) The defendant has filed a separate complaint that	680
alleges that the complainant, alleged victim, or other family or	681
household member in question who would be required under the order	682
to do or refrain from doing the act committed a violation of the	683
type described in division (A) of this section.	684

(b) The court determines that both the complainant, alleged	685
victim, or other family or household member in question who would	686
be required under the order to do or refrain from doing the act	687
and the defendant acted primarily as aggressors, that neither the	688
complainant, alleged victim, or other family or household member	689
in question who would be required under the order to do or refrain	690
from doing the act nor the defendant acted primarily in	691
self-defense, and, in accordance with the standards and criteria	692
of this section as applied in relation to the separate complaint	693
filed by the defendant, that it should issue the order to require	694
the complainant, alleged victim, or other family or household	695
member in question to do or refrain from doing the act.	696

(J) Notwithstanding any provision of law to the contrary and	697
regardless of whether a protection order is issued by a court of	698
another county or a court of another state, no court shall charge	699
a fee forin connection with the filing of a motion pursuant to	700
this section, in connection with the filing, issuance,	701
registration, or service of a protection order, or for obtaining a	702
certified copy of a protection order.	703

(K) As used in this section, "victim advocate" means a	704
person who provides support and assistance for a victim of an	705
offense during court proceedings.	706

Sec. 2919.272.  (A) As used in this section, "protection	707
order issued by a court of another state" has the same meaning as	708
in section 2919.27 of the Revised Code.	709

(B) A person who has obtained a protection order issued by a	710
court of another state may provide notice of the issuance of the	711
order to judicial and law enforcement officials in any county of	712
this state by registering the order in that county and filing a	713
copy of the registered order with a law enforcement agency in that	714
county. To register the order, the person shall obtain a	715
certified copy of the order from the clerk of the court that	716
issued the order and present that certified copy to the clerk of	717
the court of common pleas or the clerk of a municipal court or	718
county court in the county in which the order is to be registered.	719
Upon accepting the certified copy of the order for registration,	720
the clerk shall place an endorsement of registration on the order	721
and give the person a copy of the order that bears proof of	722
registration. The person then may file with a law enforcement	723
agency in that county a copy of the order that bears proof of	724
registration.	725

(C) The clerk of each court of common pleas and the clerk of	726
each municipal court and county court shall maintain a registry of	727
certified copies of protection orders issued by courts of another	728
state that have been registered with the clerk. Each law	729
enforcement agency shall establish and maintain a registry for	730
protection orders delivered to the agency pursuant to this	731
section. The agency shall note in the registry the date and time	732
that the agency received an order.	733

(D) An officer of a law enforcement agency shall enforce a	734
protection order issued by a court of another state in accordance	735
with the provisions of the order, including removing the person	736
allegedly violating the order from the premises, regardless of	737
whether the order is registered as authorized by division (B) of	738
this section in the county in which the officer's agency has	739
jurisdiction.	740

(E) Notwithstanding any provision of law to the contrary and	741
regardless of whether a protection order is issued by a court of	742
another county or a court of another state, no court shall charge	743
a fee in connection with the filing, issuance, registration, or	744
service of a protection order or for obtaining a certified copy of	745
a protection order.	746

Sec. 3113.31.  (A) As used in this section:

747

(1) "Domestic violence" means the occurrence of one or more	748
of the following acts against a family or household member:	749

(a) Attempting to cause or recklessly causing bodily injury;

750

(b) Placing another person by the threat of force in fear of	751
imminent serious physical harm or committing a violation of	752
section 2903.211 or 2911.211 of the Revised Code;	753

(c) Committing any act with respect to a child that would	754
result in the child being an abused child, as defined in section	755
2151.031 of the Revised Code.	756

(2) "Court" means the domestic relations division of the	757
court of common pleas in counties that have a domestic relations	758
division, and the court of common pleas in counties that do not	759
have a domestic relations division.	760

(3) "Family or household member" means any of the following:

761

(a) Any of the following who is residing with or has resided	762
with the respondent:	763

(i) A spouse, a person living as a spouse, or a former	764
spouse of the respondent;	765

(ii) A parent or a child of the respondent, or another	766
person related by consanguinity or affinity to the respondent;	767

(iii) A parent or a child of a spouse, person living as a	768
spouse, or former spouse of the respondent, or another person	769
related by consanguinity or affinity to a spouse, person living as	770
a spouse, or former spouse of the respondent.	771

(b) The natural parent of any child of whom the respondent	772
is the other natural parent or is the putative other natural	773
parent.	774

(4) "Person living as a spouse" means a person who is living	775
or has lived with the respondent in a common law marital	776
relationship, who otherwise is cohabiting with the respondent, or	777
who otherwise has cohabited with the respondent within five years	778
prior to the date of the alleged occurrence of the act in	779
question.	780

(5) "Victim advocate" means a person who provides support	781
and assistance for a person who files a petition under this	782
section.	783

(B) The court has jurisdiction over all proceedings under	784
this section. The petitioner's right to relief under this section	785
is not affected by the petitioner's leaving the residence or	786
household to avoid further domestic violence.	787

(C) A person may seek relief under this section on the	788
person's own behalf, or any parent or adult household member may	789
seek relief under this section on behalf of any other family or	790
household member, by filing a petition with the court. The	791
petition shall contain or state:	792

(1) An allegation that the respondent engaged in domestic	793
violence against a family or household member of the respondent,	794
including a description of the nature and extent of the domestic	795
violence;	796

(2) The relationship of the respondent to the petitioner,	797
and to the victim if other than the petitioner;	798

(3) A request for relief under this section.

799

(D)(1) If a person who files a petition pursuant to this	800
section requests an ex parte order, the court shall hold an ex	801
parte hearing on the same day that the petition is filed. The	802
court, for good cause shown at the ex parte hearing, may enter any	803
temporary orders, with or without bond, including, but not limited	804
to, an order described in division (E)(1)(a), (b), or (c) of this	805
section, that the court finds necessary to protect the family or	806
household member from domestic violence. Immediate and present	807
danger of domestic violence to the family or household member	808
constitutes good cause for purposes of this section. Immediate and	809
present danger includes, but is not limited to, situations in	810
which the respondent has threatened the family or household member	811
with bodily harm or in which the respondent previously has been	812
convicted of or pleaded guilty to an offense that constitutes	813
domestic violence against the family or household member.	814

(2)(a) If the court, after an ex parte hearing, issues an	815
order described in division (E)(1)(b) or (c) of this section, the	816
court shall schedule a full hearing for a date that is within	817
seven court days after the ex parte hearing. If any other type of	818
protection order that is authorized under division (E) of this	819
section is issued by the court after an ex parte hearing, the	820
court shall schedule a full hearing for a date that is within ten	821
court days after the ex parte hearing. The court shall give the	822
respondent notice of, and an opportunity to be heard at, the full	823
hearing. The court shall hold the full hearing on the date	824
scheduled under this division unless the court grants a	825
continuance of the hearing in accordance with this division. Under	826
any of the following circumstances or for any of the following	827
reasons, the court may grant a continuance of the full hearing to	828
a reasonable time determined by the court:	829

(i) Prior to the date scheduled for the full hearing under	830
this division, the respondent has not been served with the	831
petition filed pursuant to this section and notice of the full	832
hearing.	833

(ii) The parties consent to the continuance.

834

(iii) The continuance is needed to allow a party to obtain	835
counsel.	836

(iv) The continuance is needed for other good cause.

837

(b) An ex parte order issued under this section does not	838
expire because of a failure to serve notice of the full hearing	839
upon the respondent before the date set for the full hearing under	840
division (D)(2)(a) of this section or because the court grants a	841
continuance under that division.	842

(3) If a person who files a petition pursuant to this	843
section does not request an ex parte order, or if a person	844
requests an ex parte order but the court does not issue an ex	845
parte order after an ex parte hearing, the court shall proceed as	846
in a normal civil action and grant a full hearing on the matter.	847

(E)(1) After an ex parte or full hearing, the court may	848
grant any protection order, with or without bond, or approve any	849
consent agreement to bring about a cessation of domestic violence	850
against the family or household members. The order or agreement	851
may:	852

(a) Direct the respondent to refrain from abusing the family	853
or household members;	854

(b) Grant possession of the residence or household to the	855
petitioner or other family or household member, to the exclusion	856
of the respondent, by evicting the respondent, when the residence	857
or household is owned or leased solely by the petitioner or other	858
family or household member, or by ordering the respondent to	859
vacate the premises, when the residence or household is jointly	860
owned or leased by the respondent, and the petitioner or other	861
family or household member;	862

(c) When the respondent has a duty to support the petitioner	863
or other family or household member living in the residence or	864
household and the respondent is the sole owner or lessee of the	865
residence or household, grant possession of the residence or	866
household to the petitioner or other family or household member,	867
to the exclusion of the respondent, by ordering the respondent to	868
vacate the premises, or, in the case of a consent agreement, allow	869
the respondent to provide suitable, alternative housing;	870

(d) Temporarily allocate parental rights and	871
responsibilities for the care of, or establish temporary parenting	872
time rights with regard to, minor children, if no other court has	873
determined, or is determining, the allocation of parental rights	874
and responsibilities for the minor children or parenting time	875
rights;	876

(e) Require the respondent to maintain support, if the	877
respondent customarily provides for or contributes to the support	878
of the family or household member, or if the respondent has a duty	879
to support the petitioner or family or household member;	880

(f) Require the respondent, petitioner, victim of domestic	881
violence, or any combination of those persons, to seek counseling;	882

(g) Require the respondent to refrain from entering the	883
residence, school, business, or place of employment of the	884
petitioner or family or household member;	885

(h) Grant other relief that the court considers equitable	886
and fair, including, but not limited to, ordering the respondent	887
to permit the use of a motor vehicle by the petitioner or other	888
family or household member and the apportionment of household and	889
family personal property.	890

(2) If a protection order has been issued pursuant to this	891
section in a prior action involving the respondent and the	892
petitioner or one or more of the family or household members, the	893
court may include in a protection order that it issues a	894
prohibition against the respondent returning to the residence or	895
household. If it includes a prohibition against the respondent	896
returning to the residence or household in the order, it also	897
shall include in the order provisions of the type described in	898
division (E)(7) of this section. This division does not preclude	899
the court from including in a protection order or consent	900
agreement, in circumstances other than those described in this	901
division, a requirement that the respondent be evicted from or	902
vacate the residence or household or refrain from entering the	903
residence, school, business, or place of employment of the	904
petitioner or a family or household member, and, if the court	905
includes any requirement of that type in an order or agreement,	906
the court also shall include in the order provisions of the type	907
described in division (E)(7) of this section.	908

(3)(a) Any protection order issued or consent agreement	909
approved under this section shall be valid until a date certain,	910
but not later than five years from the date of its issuance or	911
approval.	912

(b) Subject to the limitation on the duration of an order or	913
agreement set forth in division (E)(3)(a) of this section, any	914
order under division (E)(1)(d) of this section shall terminate on	915
the date that a court in an action for divorce, dissolution of	916
marriage, or legal separation brought by the petitioner or	917
respondent issues an order allocating parental rights and	918
responsibilities for the care of children or on the date that a	919
juvenile court in an action brought by the petitioner or	920
respondent issues an order awarding legal custody of minor	921
children. Subject to the limitation on the duration of an order	922
or agreement set forth in division (E)(3)(a) of this section, any	923
order under division (E)(1)(e) of this section shall terminate on	924
the date that a court in an action for divorce, dissolution of	925
marriage, or legal separation brought by the petitioner or	926
respondent issues a support order or on the date that a juvenile	927
court in an action brought by the petitioner or respondent issues	928
a support order.	929

(c) Any protection order issued or consent agreement	930
approved pursuant to this section may be renewed in the same	931
manner as the original order or agreement was issued or approved.	932

(4) A court may not issue a protection order that requires a	933
petitioner to do or to refrain from doing an act that the court	934
may require a respondent to do or to refrain from doing under	935
division (E)(1)(a), (b), (c), (d), (e), (g), or (h) of this	936
section unless all of the following apply:	937

(a) The respondent files a separate petition for a	938
protection order in accordance with this section.	939

(b) The petitioner is served notice of the respondent's	940
petition at least forty-eight hours before the court holds a	941
hearing with respect to the respondent's petition, or the	942
petitioner waives the right to receive this notice.	943

(c) If the petitioner has requested an ex parte order	944
pursuant to division (D) of this section, the court does not delay	945
any hearing required by that division beyond the time specified in	946
that division in order to consolidate the hearing with a hearing	947
on the petition filed by the respondent.	948

(d) After a full hearing at which the respondent presents	949
evidence in support of the request for a protection order and the	950
petitioner is afforded an opportunity to defend against that	951
evidence, the court determines that the petitioner has committed	952
an act of domestic violence or has violated a temporary protection	953
order issued pursuant to section 2919.26 of the Revised Code, that	954
both the petitioner and the respondent acted primarily as	955
aggressors, and that neither the petitioner nor the respondent	956
acted primarily in self-defense.	957

(5) No protection order issued or consent agreement approved	958
under this section shall in any manner affect title to any real	959
property.	960

(6)(a) If a petitioner, or the child of a petitioner, who	961
obtains a protection order or consent agreement pursuant to	962
division (E)(1) of this section or a temporary protection order	963
pursuant to section 2919.26 of the Revised Code and is the subject	964
of a parenting time order issued pursuant to section 3109.051 or	965
3109.12 of the Revised Code or a visitation or companionship order	966
issued pursuant to section 3109.051, 3109.11, or 3109.12 of the	967
Revised Code or division (E)(1)(d) of this section granting	968
parenting time rights to the respondent, the court may require the	969
public children services agency of the county in which the court	970
is located to provide supervision of the respondent's exercise of	971
parenting time or visitation or companionship rights with respect	972
to the child for a period not to exceed nine months, if the court	973
makes the following findings of fact:	974

(i) The child is in danger from the respondent;

975

(ii) No other person or agency is available to provide the	976
supervision.	977

(b) A court that requires an agency to provide supervision	978
pursuant to division (E)(6)(a) of this section shall order the	979
respondent to reimburse the agency for the cost of providing the	980
supervision, if it determines that the respondent has sufficient	981
income or resources to pay that cost.	982

(7)(a) If a protection order issued or consent agreement	983
approved under this section includes a requirement that the	984
respondent be evicted from or vacate the residence or household or	985
refrain from entering the residence, school, business, or place of	986
employment of the petitioner or a family or household member, the	987
order or agreement shall state clearly that the order or agreement	988
cannot be waived or nullified by an invitation to the respondent	989
from the petitioner or other family or household member to enter	990
the residence, school, business, or place of employment or by the	991
respondent's entry into one of those places otherwise upon the	992
consent of the petitioner or other family or household member.	993

(b) Division (E)(7)(a) of this section does not limit any	994
discretion of a court to determine that a respondent charged with	995
a violation of section 2919.27 of the Revised Code, with a	996
violation of a municipal ordinance substantially equivalent to	997
that section, or with contempt of court, which charge is based on	998
an alleged violation of a protection order issued or consent	999
agreement approved under this section, did not commit the	1000
violation or was not in contempt of court.	1001

(F)(1) A copy of any protection order, or consent agreement,	1002
that is issued or approved under this section shall be issued by	1003
the court to the petitioner, to the respondent, and to all law	1004
enforcement agencies that have jurisdiction to enforce the order	1005
or agreement. The court shall direct that a copy of an order be	1006
delivered to the respondent on the same day that the order is	1007
entered.	1008

(2) All law enforcement agencies shall establish and	1009
maintain an index for the protection orders and the approved	1010
consent agreements delivered to the agencies pursuant to division	1011
(F)(1) of this section. With respect to each order and consent	1012
agreement delivered, each agency shall note on the index the date	1013
and time that it received the order or consent agreement.	1014

(3) Regardless of whether the petitioner has registered the	1015
order or agreement in the county in which the officer's agency has	1016
jurisdiction pursuant to division (N) of this section, any officer	1017
of a law enforcement agency shall enforce a protection order	1018
issued or consent agreement approved by any court in this state in	1019
accordance with the provisions of the order or agreement,	1020
including removing the respondent from the premises, if	1021
appropriate.	1022

(G) Any proceeding under this section shall be conducted in	1023
accordance with the Rules of Civil Procedure, except that an order	1024
under this section may be obtained with or without bond. An order	1025
issued under this section, other than an ex parte order, that	1026
grants a protection order or approves a consent agreement, or that	1027
refuses to grant a protection order or approve a consent	1028
agreement, is a final, appealable order. The remedies and	1029
procedures provided in this section are in addition to, and not in	1030
lieu of, any other available civil or criminal remedies.	1031

(H) The filing of proceedings under this section does not	1032
excuse a person from filing any report or giving any notice	1033
required by section 2151.421 of the Revised Code or by any other	1034
law. When a petition under this section alleges domestic violence	1035
against minor children, the court shall report the fact, or cause	1036
reports to be made, to a county, township, or municipal peace	1037
officer under section 2151.421 of the Revised Code.	1038

(I) Any law enforcement agency that investigates a domestic	1039
dispute shall provide information to the family or household	1040
members involved regarding the relief available under this section	1041
and section 2919.26 of the Revised Code.	1042

(J) Notwithstanding any provision of law to the contrary and	1043
regardless of whether a protection order or consent agreement is	1044
issued by a court of another county or a court of another state,	1045
no court shall charge a fee forin connection with the filing of a	1046
petition pursuant to this section or in connection with the	1047
filing, issuance, registration, or service of a protection order	1048
or consent agreement, or for obtaining a certified copy of a	1049
protection order or consent agreement.	1050

(K)(1) The court shall comply with Chapters 3119., 3121.,	1051
3123., and 3125. of the Revised Code when it makes or modifies an	1052
order for child support under this section.	1053

(2) If any person required to pay child support under an	1054
order made under this section on or after April 15, 1985, or	1055
modified under this section on or after December 31, 1986, is	1056
found in contempt of court for failure to make support payments	1057
under the order, the court that makes the finding, in addition to	1058
any other penalty or remedy imposed, shall assess all court costs	1059
arising out of the contempt proceeding against the person and	1060
require the person to pay any reasonable attorney's fees of any	1061
adverse party, as determined by the court, that arose in relation	1062
to the act of contempt.	1063

(L)(1) A person who violates a protection order issued or a	1064
consent agreement approved under this section is subject to the	1065
following sanctions:	1066

(a) Criminal prosecution for a violation of section 2919.27	1067
of the Revised Code, if the violation of the protection order or	1068
consent agreement constitutes a violation of that section;	1069

(b) Punishment for contempt of court.

1070

(2) The punishment of a person for contempt of court for	1071
violation of a protection order issued or a consent agreement	1072
approved under this section does not bar criminal prosecution of	1073
the person for a violation of section 2919.27 of the Revised Code.	1074
However, a person punished for contempt of court is entitled to	1075
credit for the punishment imposed upon conviction of a violation	1076
of that section, and a person convicted of a violation of that	1077
section shall not subsequently be punished for contempt of court	1078
arising out of the same activity.	1079

(M) In all stages of a proceeding under this section, a	1080
petitioner may be accompanied by a victim advocate.	1081

(N)(1) A petitioner who obtains a protection order or	1082
consent agreement under this section or a temporary protection	1083
order under section 2919.26 of the Revised Code may provide notice	1084
of the issuance or approval of the order or agreement to the	1085
judicial and law enforcement officials in any county other than	1086
the county in which the order is issued or the agreement is	1087
approved by registering that order or agreement in the other	1088
county pursuant to division (N)(2) of this section and filing a	1089
copy of the registered order or registered agreement with a law	1090
enforcement agency in the other county in accordance with that	1091
division. A person who obtains a protection order issued by a	1092
court of another state may provide notice of the issuance of the	1093
order to the judicial and law enforcement officials in any county	1094
of this state by registering the order in that county pursuant to	1095
section 2919.272 of the Revised Code and filing a copy of the	1096
registered order with a law enforcement agency in that county.	1097

(2) A petitioner may register a temporary protection order,	1098
protection order, or consent agreement in a county other than the	1099
county in which the court that issued the order or approved the	1100
agreement is located in the following manner:	1101

(a) The petitioner shall obtain a certified copy of the	1102
order or agreement from the clerk of the court that issued the	1103
order or approved the agreement and present that certified copy to	1104
the clerk of the court of common pleas or the clerk of a municipal	1105
court or county court in the county in which the order or	1106
agreement is to be registered.	1107

(b) Upon accepting the certified copy of the order or	1108
agreement for registration, the clerk of the court of common	1109
pleas, municipal court, or county court shall place an endorsement	1110
of registration on the order or agreement and give the petitioner	1111
a copy of the order or agreement that bears that proof of	1112
registration.	1113

(3) The clerk of each court of common pleas, the clerk of	1114
each municipal court, and the clerk of each county court shall	1115
maintain a registry of certified copies of temporary protection	1116
orders, protection orders, or consent agreements that have been	1117
issued or approved by courts in other counties and that have been	1118
registered with the clerk.	1119

(4) If a petitioner who obtains a protection order or	1120
consent agreement under this section or a temporary protection	1121
order under section 2919.26 of the Revised Code wishes to register	1122
the order or agreement in any county other than the county in	1123
which the order was issued or the agreement was approved, pursuant	1124
to divisions (N)(1) to (3) of this section, and if the petitioner	1125
is indigent, both of the following apply:	1126

(a) If the petitioner submits to the clerk of the court that	1127
issued the order or approved the agreement satisfactory proof that	1128
the petitioner is indigent, the clerk may waive any fee that	1129
otherwise would be required for providing the petitioner with a	1130
certified copy of the order or agreement to be used for purposes	1131
of divisions (N)(1) to (3) of this section;	1132

(b) If the petitioner submits to the clerk of the court of	1133
common pleas or the clerk of a municipal court or county court in	1134
the county in which the order or agreement is to be registered	1135
satisfactory proof that the petitioner is indigent, the clerk may	1136
waive any fee that otherwise would be required for accepting for	1137
registration a certified copy of the order or agreement, for	1138
placing an endorsement of registration on the order or agreement,	1139
or for giving the petitioner a copy of the order or agreement that	1140
bears the proof of registration.	1141

Section 2. That existing sections 2903.213, 2903.214,	1142
2919.26, 2919.272, and 3113.31 of the Revised Code are hereby	1143
repealed.	1144