REPRESENTATIVES Manning, Willamowski, Latta, Sulzer, Perry, Damschroder, Sullivan, Ogg, Lendrum, Carey, Hartnett, Distel, Sferra, Hughes, Gilb, Clancy, Schneider, Carmichael, Carano, Schmidt, Cirelli, Driehaus, Flannery, Trakas, Calvert, Metzger, DeWine, Otterman, Redfern, Allen, Setzer, Schaffer, Faber, Coates, Latell, Krupinski, Widowfield, Schuring, Niehaus, Barrett, Woodard, McGregor, Reidelbach, Flowers, Wolpert, Salerno, Key, Fedor, Patton, Buehrer, Hoops, Young, Boccieri, Jolivette, G. Smith, Kilbane, Roman, Womer Benjamin, Rhine, D. Miller, Brown, Oakar, Mason, Sykes, Beatty, S. Smith, Strahorn, Britton, DeBose, Jerse, Wilson, Collier

To amend sections 2903.213, 2903.214, 2919.25,

1

2919.26, 2919.27, 2919.272, and 3113.31 of the

2

Revised Code to clarify that no fees, cost,

3

deposit, or money may be charged relative to

4

certain protection orders and consent agreements or

5

relative to the filing or prosecution of domestic

6

violence charges and to expand the out-of-state

7

protection orders that are within the scope of the

8

laws regarding out-of-state protection orders.

9

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

Section 1. That sections 2903.213, 2903.214, 2919.25,	10
2919.26, 2919.27, 2919.272, and 3113.31 of the Revised Code be	11
amended to read as follows:	12

Sec. 2903.213.  (A) Except when the complaint involves a	13
person who is a family or household member as defined in section	14
2919.25 of the Revised Code, upon the filing of a complaint that	15
alleges a violation of section 2903.11, 2903.12, 2903.13, 2903.21,	16
2903.211, 2903.22, or 2911.211 of the Revised Code or a violation	17
of a municipal ordinance substantially similar to section 2903.13,	18
2903.21, 2903.211, 2903.22, or 2911.211 of the Revised Code, the	19
complainant, the alleged victim, or a family or household member	20
of an alleged victim may file a motion that requests the issuance	21
of a protection order as a pretrial condition of release of the	22
alleged offender, in addition to any bail set under Criminal Rule	23
46. The motion shall be filed with the clerk of the court that	24
has jurisdiction of the case at any time after the filing of the	25
complaint. If the complaint involves a person who is a family or	26
household member, the complainant, the alleged victim, or the	27
family or household member may file a motion for a temporary	28
protection order pursuant to section 2919.26 of the Revised Code.	29

(B) A motion for a protection order under this section shall	30
be prepared on a form that is provided by the clerk of the court,	31
and the form shall be substantially as follows:	32

"Motion for Protection Order

33

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

34

Name and address of court

35

State of Ohio

36

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

38

Name of Defendant

39

(Name of person), moves the court to issue a protection order	40
containing terms designed to ensure the safety and protection of	41
the complainant or the alleged victim in the above-captioned case,	42
in relation to the named defendant, pursuant to its authority to	43
issue a protection order under section 2903.213 of the Revised	44
Code.	45

A complaint, a copy of which has been attached to this	46
motion, has been filed in this court charging the named defendant	47
with a violation of section 2903.11, 2903.12, 2903.13, 2903.21,	48
2903.211, 2903.22, or 2911.211 of the Revised Code or a violation	49
of a municipal ordinance substantially similar to section 2903.13,	50
2903.21, 2903.211, 2903.22, or 2911.211 of the Revised Code.	51

I understand that I must appear before the court, at a time	52
set by the court not later than the next day that the court is in	53
session after the filing of this motion, for a hearing on the	54
motion, and that any protection order granted pursuant to this	55
motion is a pretrial condition of release and is effective only	56
until the disposition of the criminal proceeding arising out of	57
the attached complaint or until the issuance under section	58
2903.214 of the Revised Code of a protection order arising out of	59
the same activities as those that were the basis of the attached	60
complaint.	61

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

62

Signature of person

63

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

64

Address of person"

65

(C)(1) As soon as possible after the filing of a motion that	66
requests the issuance of a protection order under this section,	67
but not later than the next day that the court is in session after	68
the filing of the motion, the court shall conduct a hearing to	69
determine whether to issue the order. The person who requested	70
the order shall appear before the court and provide the court with	71
the information that it requests concerning the basis of the	72
motion. If the court finds that the safety and protection of the	73
complainant or the alleged victim may be impaired by the continued	74
presence of the alleged offender, the court may issue a protection	75
order under this section, as a pretrial condition of release, that	76
contains terms designed to ensure the safety and protection of the	77
complainant or the alleged victim, including a requirement that	78
the alleged offender refrain from entering the residence, school,	79
business, or place of employment of the complainant or the alleged	80
victim.	81

(2)(a) If the court issues a protection order under this	82
section that includes a requirement that the alleged offender	83
refrain from entering the residence, school, business, or place of	84
employment of the complainant or the alleged victim, the order	85
shall clearly state that the order cannot be waived or nullified	86
by an invitation to the alleged offender from the complainant, the	87
alleged victim, or a family or household member to enter the	88
residence, school, business, or place of employment or by the	89
alleged offender's entry into one of those places otherwise upon	90
the consent of the complainant, the alleged victim, or a family or	91
household member.	92

(b) Division (C)(2)(a) of this section does not limit any	93
discretion of a court to determine that an alleged offender	94
charged with a violation of section 2919.27 of the Revised Code,	95
with a violation of a municipal ordinance substantially equivalent	96
to that section, or with contempt of court, which charge is based	97
on an alleged violation of a protection order issued under this	98
section, did not commit the violation or was not in contempt of	99
court.	100

(D)(1) Except when the complaint involves a person who is a	101
family or household member as defined in section 2919.25 of the	102
Revised Code, upon the filing of a complaint that alleges a	103
violation specified in division (A) of this section, the court,	104
upon its own motion, may issue a protection order under this	105
section as a pretrial condition of release of the alleged offender	106
if it finds that the safety and protection of the complainant or	107
the alleged victim may be impaired by the continued presence of	108
the alleged offender.	109

(2) If the court issues a protection order under this	110
section as an ex parte order, it shall conduct, as soon as	111
possible after the issuance of the order but not later than the	112
next day that the court is in session after its issuance, a	113
hearing to determine whether the order should remain in effect, be	114
modified, or be revoked. The hearing shall be conducted under the	115
standards set forth in division (C) of this section.	116

(3) If a municipal court or a county court issues a	117
protection order under this section and if, subsequent to the	118
issuance of the order, the alleged offender who is the subject of	119
the order is bound over to the court of common pleas for	120
prosecution of a felony arising out of the same activities as	121
those that were the basis of the complaint upon which the order is	122
based, notwithstanding the fact that the order was issued by a	123
municipal court or county court, the order shall remain in effect,	124
as though it were an order of the court of common pleas, while the	125
charges against the alleged offender are pending in the court of	126
common pleas, for the period of time described in division (E)(2)	127
of this section, and the court of common pleas has exclusive	128
jurisdiction to modify the order issued by the municipal court or	129
county court. This division applies when the alleged offender is	130
bound over to the court of common pleas as a result of the person	131
waiving a preliminary hearing on the felony charge, as a result of	132
the municipal court or county court having determined at a	133
preliminary hearing that there is probable cause to believe that	134
the felony has been committed and that the alleged offender	135
committed it, as a result of the alleged offender having been	136
indicted for the felony, or in any other manner.	137

(E) A protection order that is issued as a pretrial	138
condition of release under this section:	139

(1) Is in addition to, but shall not be construed as a part	140
of, any bail set under Criminal Rule 46;	141

(2) Is effective only until the disposition, by the court	142
that issued the order or, in the circumstances described in	143
division (D)(3) of this section, by the court of common pleas to	144
which the alleged offender is bound over for prosecution, of the	145
criminal proceeding arising out of the complaint upon which the	146
order is based or until the issuance under section 2903.214 of the	147
Revised Code of a protection order arising out of the same	148
activities as those that were the basis of the complaint filed	149
under this section;	150

(3) Shall not be construed as a finding that the alleged	151
offender committed the alleged offense and shall not be introduced	152
as evidence of the commission of the offense at the trial of the	153
alleged offender on the complaint upon which the order is based.	154

(F) A person who meets the criteria for bail under Criminal	155
Rule 46 and who, if required to do so pursuant to that rule,	156
executes or posts bond or deposits cash or securities as bail,	157
shall not be held in custody pending a hearing before the court on	158
a motion requesting a protection order under this section.	159

(G)(1) A copy of a protection order that is issued under	160
this section shall be issued by the court to the complainant, to	161
the alleged victim, to the person who requested the order, to the	162
defendant, and to all law enforcement agencies that have	163
jurisdiction to enforce the order. The court shall direct that a	164
copy of the order be delivered to the defendant on the same day	165
that the order is entered. If a municipal court or a county court	166
issues a protection order under this section and if, subsequent to	167
the issuance of the order, the defendant who is the subject of the	168
order is bound over to the court of common pleas for prosecution	169
as described in division (D)(3) of this section, the municipal	170
court or county court shall direct that a copy of the order be	171
delivered to the court of common pleas to which the defendant is	172
bound over.	173

(2) All law enforcement agencies shall establish and	174
maintain an index for the protection orders delivered to the	175
agencies pursuant to division (G)(1) of this section. With	176
respect to each order delivered, each agency shall note on the	177
index the date and time of the agency's receipt of the order.	178

(3) Regardless of whether the petitioner has registered the	179
protection order in the county in which the officer's agency has	180
jurisdiction, any officer of a law enforcement agency shall	181
enforce a protection order issued pursuant to this section in	182
accordance with the provisions of the order.	183

(H) Upon a violation of a protection order issued pursuant	184
to this section, the court may issue another protection order	185
under this section, as a pretrial condition of release, that	186
modifies the terms of the order that was violated.	187

(I) Notwithstanding any provision of law to the contrary and	188
regardless of whether a protection order is issued or a consent	189
agreement is approved by a court of another county or by a court	190
of another state, no court or unit of state or local government	191
shall charge aany fee for, cost, deposit, or money in connection	192
with the filing of a motion pursuant to this section, in	193
connection with the filing, issuance, registration, or service of	194
a protection order or consent agreement, or for obtaining	195
certified copies of a protection order or consent agreement.	196

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

197

(1) "Court" means the court of common pleas of the county in	198
which the person to be protected by the protection order resides.	199

(2) "Victim advocate" means a person who provides support	200
and assistance for a person who files a petition under this	201
section.	202

(3) "Family or household member" has the same meaning as in	203
section 3113.31 of the Revised Code.	204

(4) "Protection order issued by a court of another state"	205
has the same meaning as in section 2919.27 of the Revised Code.	206

(B) The court has jurisdiction over all proceedings under	207
this section.	208

(C) A person may seek relief under this section for the	209
person, or any parent or adult household member may seek relief	210
under this section on behalf of any other family or household	211
member, by filing a petition with the court. The petition shall	212
contain or state both of the following:	213

(1) An allegation that the respondent engaged in a violation	214
of section 2903.211 of the Revised Code against the person to be	215
protected by the protection order, including a description of the	216
nature and extent of the violation;	217

(2) A request for relief under this section.

218

(D)(1) If a person who files a petition pursuant to this	219
section requests an ex parte order, the court shall hold an ex	220
parte hearing as soon as possible after the petition is filed, but	221
not later than the next day that the court is in session after the	222
petition is filed. The court, for good cause shown at the ex	223
parte hearing, may enter any temporary orders, with or without	224
bond, that the court finds necessary for the safety and protection	225
of the person to be protected by the order. Immediate and present	226
danger to the person to be protected by the protection order	227
constitutes good cause for purposes of this section. Immediate	228
and present danger includes, but is not limited to, situations in	229
which the respondent has threatened the person to be protected by	230
the protection order with bodily harm or in which the respondent	231
previously has been convicted of or pleaded guilty to a violation	232
of section 2903.211 of the Revised Code against the person to be	233
protected by the protection order.	234

(2)(a) If the court, after an ex parte hearing, issues a	235
protection order described in division (E) of this section, the	236
court shall schedule a full hearing for a date that is within ten	237
court days after the ex parte hearing. The court shall give the	238
respondent notice of, and an opportunity to be heard at, the full	239
hearing. The court shall hold the full hearing on the date	240
scheduled under this division unless the court grants a	241
continuance of the hearing in accordance with this division.	242
Under any of the following circumstances or for any of the	243
following reasons, the court may grant a continuance of the full	244
hearing to a reasonable time determined by the court:	245

(i) Prior to the date scheduled for the full hearing under	246
this division, the respondent has not been served with the	247
petition filed pursuant to this section and notice of the full	248
hearing.	249

(ii) The parties consent to the continuance.

250

(iii) The continuance is needed to allow a party to obtain	251
counsel.	252

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

253

(b) An ex parte order issued under this section does not	254
expire because of a failure to serve notice of the full hearing	255
upon the respondent before the date set for the full hearing under	256
division (D)(2)(a) of this section or because the court grants a	257
continuance under that division.	258

(3) If a person who files a petition pursuant to this	259
section does not request an ex parte order, or if a person	260
requests an ex parte order but the court does not issue an ex	261
parte order after an ex parte hearing, the court shall proceed as	262
in a normal civil action and grant a full hearing on the matter.	263

(E)(1) After an ex parte or full hearing, the court may	264
issue any protection order, with or without bond, that contains	265
terms designed to ensure the safety and protection of the person	266
to be protected by the protection order, including, but not	267
limited to, a requirement that the respondent refrain from	268
entering the residence, school, business, or place of employment	269
of the petitioner or family or household member. If the court	270
includes a requirement that the respondent refrain from entering	271
the residence, school, business, or place of employment of the	272
petitioner or family or household member in the order, it also	273
shall include in the order provisions of the type described in	274
division (E)(5) of this section.	275

(2)(a) Any protection order issued pursuant to this section	276
shall be valid until a date certain but not later than five years	277
from the date of its issuance.	278

(b) Any protection order issued pursuant to this section may	279
be renewed in the same manner as the original order was issued.	280

(3) A court may not issue a protection order that requires a	281
petitioner to do or to refrain from doing an act that the court	282
may require a respondent to do or to refrain from doing under	283
division (E)(1) of this section unless all of the following apply:	284

(a) The respondent files a separate petition for a	285
protection order in accordance with this section.	286

(b) The petitioner is served with notice of the respondent's	287
petition at least forty-eight hours before the court holds a	288
hearing with respect to the respondent's petition, or the	289
petitioner waives the right to receive this notice.	290

(c) If the petitioner has requested an ex parte order	291
pursuant to division (D) of this section, the court does not delay	292
any hearing required by that division beyond the time specified in	293
that division in order to consolidate the hearing with a hearing	294
on the petition filed by the respondent.	295

(d) After a full hearing at which the respondent presents	296
evidence in support of the request for a protection order and the	297
petitioner is afforded an opportunity to defend against that	298
evidence, the court determines that the petitioner has committed a	299
violation of section 2903.211 of the Revised Code against the	300
person to be protected by the protection order issued pursuant to	301
this section or has violated a protection order issued pursuant to	302
section 2903.213 of the Revised Code relative to the person to be	303
protected by the protection order issued pursuant to this section.	304

(4) No protection order issued pursuant to this section	305
shall in any manner affect title to any real property.	306

(5)(a) If the court issues a protection order under this	307
section that includes a requirement that the alleged offender	308
refrain from entering the residence, school, business, or place of	309
employment of the petitioner or a family or household member, the	310
order shall clearly state that the order cannot be waived or	311
nullified by an invitation to the alleged offender from the	312
complainant to enter the residence, school, business, or place of	313
employment or by the alleged offender's entry into one of those	314
places otherwise upon the consent of the petitioner or family or	315
household member.	316

(b) Division (E)(5)(a) of this section does not limit any	317
discretion of a court to determine that an alleged offender	318
charged with a violation of section 2919.27 of the Revised Code,	319
with a violation of a municipal ordinance substantially equivalent	320
to that section, or with contempt of court, which charge is based	321
on an alleged violation of a protection order issued under this	322
section, did not commit the violation or was not in contempt of	323
court.	324

(F)(1) The court shall cause the delivery of a copy of any	325
protection order that is issued under this section to the	326
petitioner, to the respondent, and to all law enforcement agencies	327
that have jurisdiction to enforce the order. The court shall	328
direct that a copy of the order be delivered to the respondent on	329
the same day that the order is entered.	330

(2) All law enforcement agencies shall establish and	331
maintain an index for the protection orders delivered to the	332
agencies pursuant to division (F)(1) of this section. With	333
respect to each order delivered, each agency shall note on the	334
index the date and time that it received the order.	335

(3) Regardless of whether the petitioner has registered the	336
protection order in the county in which the officer's agency has	337
jurisdiction pursuant to division (M) of this section, any officer	338
of a law enforcement agency shall enforce a protection order	339
issued pursuant to this section by any court in this state in	340
accordance with the provisions of the order, including removing	341
the respondent from the premises, if appropriate.	342

(G) Any proceeding under this section shall be conducted in	343
accordance with the Rules of Civil Procedure, except that a	344
protection order may be obtained under this section with or	345
without bond. An order issued under this section, other than an	346
ex parte order, that grants a protection order, or that refuses to	347
grant a protection order, is a final, appealable order. The	348
remedies and procedures provided in this section are in addition	349
to, and not in lieu of, any other available civil or criminal	350
remedies.	351

(H) The filing of proceedings under this section does not	352
excuse a person from filing any report or giving any notice	353
required by section 2151.421 of the Revised Code or by any other	354
law.	355

(I) Any law enforcement agency that investigates an alleged	356
violation of section 2903.211 of the Revised Code shall provide	357
information to the victim and the family or household members of	358
the victim regarding the relief available under this section and	359
section 2903.213 of the Revised Code.	360

(J) Notwithstanding any provision of law to the contrary and	361
regardless of whether a protection order is issued or a consent	362
agreement is approved by a court of another county or by a court	363
of another state, no court or unit of state or local government	364
shall charge aany fee for, cost, deposit, or money in connection	365
with the filing of a petition pursuant to this section, in	366
connection with the filing, issuance, registration, or service of	367
a protection order or consent agreement, or for obtaining a	368
certified copy of a protection order or consent agreement.	369

(K)(1) A person who violates a protection order issued under	370
this section is subject to the following sanctions:	371

(a) Criminal prosecution for a violation of section 2919.27	372
of the Revised Code, if the violation of the protection order	373
constitutes a violation of that section;	374

(b) Punishment for contempt of court.

375

(2) The punishment of a person for contempt of court for	376
violation of a protection order issued under this section does not	377
bar criminal prosecution of the person for a violation of section	378
2919.27 of the Revised Code. However, a person punished for	379
contempt of court is entitled to credit for the punishment imposed	380
upon conviction of a violation of that section, and a person	381
convicted of a violation of that section shall not subsequently be	382
punished for contempt of court arising out of the same activity.	383

(L) In all stages of a proceeding under this section, a	384
petitioner may be accompanied by a victim advocate.	385

(M)(1) A petitioner who obtains a protection order under	386
this section or a protection order under section 2903.213 of the	387
Revised Code may provide notice of the issuance or approval of the	388
order to the judicial and law enforcement officials in any county	389
other than the county in which the order is issued by registering	390
that order in the other county pursuant to division (M)(2) of this	391
section and filing a copy of the registered order with a law	392
enforcement agency in the other county in accordance with that	393
division. A person who obtains a protection order issued by a	394
court of another state may provide notice of the issuance of the	395
order to the judicial and law enforcement officials in any county	396
of this state by registering the order in that county pursuant to	397
section 2919.272 of the Revised Code and filing a copy of the	398
registered order with a law enforcement agency in that county.	399

(2) A petitioner may register a protection order issued	400
pursuant to this section or section 2903.213 of the Revised Code	401
in a county other than the county in which the court that issued	402
the order is located in the following manner:	403

(a) The petitioner shall obtain a certified copy of the	404
order from the clerk of the court that issued the order and	405
present that certified copy to the clerk of the court of common	406
pleas or the clerk of a municipal court or county court in the	407
county in which the order is to be registered.	408

(b) Upon accepting the certified copy of the order for	409
registration, the clerk of the court of common pleas, municipal	410
court, or county court shall place an endorsement of registration	411
on the order and give the petitioner a copy of the order that	412
bears that proof of registration.	413

(3) The clerk of each court of common pleas, municipal	414
court, or county court shall maintain a registry of certified	415
copies of protection orders that have been issued by courts in	416
other counties pursuant to this section or section 2903.213 of the	417
Revised Code and that have been registered with the clerk.	418

(4) If a petitioner who obtains a protection order under	419
this section or section 2903.213 of the Revised Code wishes to	420
register the order in any county other than the county in which	421
the order was issued, pursuant to divisions (M)(1) to (3) of this	422
section, and if the petitioner is indigent, both of the following	423
apply:	424

(a) If the petitioner submits to the clerk of the court that	425
issued the order satisfactory proof that the petitioner is	426
indigent, the clerk may waive any fee that otherwise would be	427
required for providing the petitioner with a certified copy of the	428
order to be used for purposes of divisions (M)(1) to (3) of this	429
section.	430

(b) If the petitioner submits to the clerk of the court of	431
common pleas or the clerk of a municipal court or county court in	432
the county in which the order is to be registered satisfactory	433
proof that the petitioner is indigent, the clerk may waive any fee	434
that otherwise would be required for accepting for registration a	435
certified copy of the order, for placing an endorsement of	436
registration on the order, or for giving the petitioner a copy of	437
the order that bears the proof of registration.	438

Sec. 2919.25.  (A) No person shall knowingly cause or	439
attempt to cause physical harm to a family or household member.	440

(B) No person shall recklessly cause serious physical harm	441
to a family or household member.	442

(C) No person, by threat of force, shall knowingly cause a	443
family or household member to believe that the offender will cause	444
imminent physical harm to the family or household member.	445

(D) Whoever violates this section is guilty of domestic	446
violence. Except as otherwise provided in this division, a	447
violation of division (C) of this section is a misdemeanor of the	448
fourth degree, and a violation of division (A) or (B) of this	449
section is a misdemeanor of the first degree. If the offender	450
previously has pleaded guilty to or been convicted of domestic	451
violence, of a violation of a municipal ordinance that is	452
substantially similar to domestic violence, of a violation of	453
section 2903.11, 2903.12, 2903.13, 2903.14, 2903.21, 2903.211,	454
2903.22, 2911.211, or 2919.22 of the Revised Code involving a	455
person who was a family or household member at the time of the	456
violation, or of a violation of a municipal ordinance, a law of	457
the United States or of any other state, or a municipal ordinance	458
of a municipal corporation located in any other state that is	459
substantially similar to one of those sections involving a person	460
who was a family or household member at the time of the violation,	461
a violation of division (A) or (B) of this section is a felony of	462
the fifth degree, and a violation of division (C) of this section	463
is a misdemeanor of the third degree."	464

(E) Notwithstanding any provision of law to the contrary, no	465
court or unit of state or local government shall charge any fee,	466
cost, deposit, or money in connection with the filing of charges	467
against a person alleging that the person violated this section or	468
a municipal ordinance substantially similar to this section or in	469
connection with the prosecution of any charges so filed.	470

(F) As used in this section and sections 2919.251 and 2919.26	471
of the Revised Code:	472

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

473

(a) Any of the following who is residing or has resided with	474
the offender:	475

(i) A spouse, a person living as a spouse, or a former	476
spouse of the offender;	477

(ii) A parent or a child of the offender, or another person	478
related by consanguinity or affinity to the offender;	479

(iii) A parent or a child of a spouse, person living as a	480
spouse, or former spouse of the offender, or another person	481
related by consanguinity or affinity to a spouse, person living as	482
a spouse, or former spouse of the offender.	483

(b) The natural parent of any child of whom the offender is	484
the other natural parent or is the putative other natural parent.	485

(2) "Person living as a spouse" means a person who is living	486
or has lived with the offender in a common law marital	487
relationship, who otherwise is cohabiting with the offender, or	488
who otherwise has cohabited with the offender within five years	489
prior to the date of the alleged commission of the act in	490
question.	491

Sec. 2919.26.  (A)(1) Upon the filing of a complaint that	492
alleges a violation of section 2919.25 of the Revised Code, a	493
violation of a municipal ordinance substantially similar to that	494
section, a violation of section 2903.11, 2903.12, 2903.13,	495
2903.211, or 2911.211 of the Revised Code that involves a person	496
who was a family or household member at the time of the violation,	497
or a violation of a municipal ordinance that is substantially	498
similar to section 2903.13, 2903.211, or 2911.211 of the Revised	499
Code that involves a person who was a family or household member	500
at the time of the violation, the complainant, the alleged victim,	501
or a family or household member of an alleged victim may file, or,	502
if in an emergency the alleged victim is unable to file, a person	503
who made an arrest for the alleged violation under section 2935.03	504
of the Revised Code may file on behalf of the alleged victim, a	505
motion that requests the issuance of a temporary protection order	506
as a pretrial condition of release of the alleged offender, in	507
addition to any bail set under Criminal Rule 46. The motion shall	508
be filed with the clerk of the court that has jurisdiction of the	509
case at any time after the filing of the complaint.	510

(2) For purposes of section 2930.09 of the Revised Code, all	511
stages of a proceeding arising out of a violation specified in	512
division (A)(1) of this section, including all proceedings on a	513
motion for a temporary protection order, are critical stages of	514
the case, and a victim may be accompanied by a victim advocate or	515
another person to provide support to the victim as provided in	516
that section.	517

(B) The motion shall be prepared on a form that is provided	518
by the clerk of the court, which form shall be substantially as	519
follows:	520

"MOTION FOR TEMPORARY PROTECTION ORDER

521

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

522

Name and address of court

523

State of Ohio

524

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

526

Name of Defendant

527

(name of person), moves the court to issue a temporary protection	528
order containing terms designed to ensure the safety and	529
protection of the complainant, alleged victim, and other family or	530
household members, in relation to the named defendant, pursuant to	531
its authority to issue such an order under section 2919.26 of the	532
Revised Code.	533

A complaint, a copy of which has been attached to this	534
motion, has been filed in this court charging the named defendant	535
with at least one of the following violations of section 2919.25	536
of the Revised Code that constitutes "domestic violence" or a	537
municipal ordinance that is substantially similar to that section:	538
knowingly causing or attempting to cause physical harm to a family	539
or household member; recklessly causing serious physical harm to a	540
family or household member; or, by threat of force, knowingly	541
causing a family or household member to believe that the named	542
defendant would cause imminent physical harm to that family or	543
household member; charging the named defendant with felonious	544
assault, aggravated assault, or assault that involved a family or	545
household member in violation of section 2903.11, 2903.12, or	546
2903.13 of the Revised Code; charging the named defendant with	547
menacing by stalking or aggravated trespass that involves a family	548
or household member in violation of section 2903.211 or 2911.211	549
of the Revised Code; or charging the named defendant with a	550
violation of a municipal ordinance that is substantially similar	551
to section 2903.13, 2903.211, or 2911.211 of the Revised Code that	552
involves a family or household member.	553

I understand that I must appear before the court, at a time	554
set by the court within twenty-four hours after the filing of this	555
motion, for a hearing on the motion or that, if I am unable to	556
appear because of hospitalization or a medical condition resulting	557
from the offense alleged in the complaint, a person who can	558
provide information about my need for a temporary protection order	559
must appear before the court in lieu of my appearing in court. I	560
understand that any temporary protection order granted pursuant to	561
this motion is a pretrial condition of release and is effective	562
only until the disposition of the criminal proceeding arising out	563
of the attached complaint, or the issuance of a civil protection	564
order or the approval of a consent agreement, arising out of the	565
same activities as those that were the basis of the complaint,	566
under section 3113.31 of the Revised Code.	567

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

568

Signature of person

569

(or signature of the arresting officer who filed the motion on	570
behalf of the alleged victim)	571

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

572

Address of person (or office address of the arresting officer who	573
filed the motion on behalf of the alleged victim)"	574

(C)(1) As soon as possible after the filing of a motion that	575
requests the issuance of a temporary protection order, but not	576
later than twenty-four hours after the filing of the motion, the	577
court shall conduct a hearing to determine whether to issue the	578
order. The person who requested the order shall appear before the	579
court and provide the court with the information that it requests	580
concerning the basis of the motion. If the person who requested	581
the order is unable to appear and if the court finds that the	582
failure to appear is because of the person's hospitalization or	583
medical condition resulting from the offense alleged in the	584
complaint, another person who is able to provide the court with	585
the information it requests may appear in lieu of the person who	586
requested the order. If the court finds that the safety and	587
protection of the complainant, alleged victim, or any other family	588
or household member of the alleged offender may be impaired by the	589
continued presence of the alleged offender, the court may issue a	590
temporary protection order, as a pretrial condition of release,	591
that contains terms designed to ensure the safety and protection	592
of the complainant, alleged victim, or the family or household	593
member, including a requirement that the alleged offender refrain	594
from entering the residence, school, business, or place of	595
employment of the complainant, alleged victim, or the family or	596
household member.	597

(2)(a) If the court issues a temporary protection order that	598
includes a requirement that the alleged offender refrain from	599
entering the residence, school, business, or place of employment	600
of the complainant, the alleged victim, or the family or household	601
member, the order shall state clearly that the order cannot be	602
waived or nullified by an invitation to the alleged offender from	603
the complainant, alleged victim, or family or household member to	604
enter the residence, school, business, or place of employment or	605
by the alleged offender's entry into one of those places otherwise	606
upon the consent of the complainant, alleged victim, or family or	607
household member.	608

(b) Division (C)(2)(a) of this section does not limit any	609
discretion of a court to determine that an alleged offender	610
charged with a violation of section 2919.27 of the Revised Code,	611
with a violation of a municipal ordinance substantially equivalent	612
to that section, or with contempt of court, which charge is based	613
on an alleged violation of a temporary protection order issued	614
under this section, did not commit the violation or was not in	615
contempt of court.	616

(D)(1) Upon the filing of a complaint that alleges a	617
violation of section 2919.25 of the Revised Code, a violation of a	618
municipal ordinance that is substantially similar to that section,	619
a violation of section 2903.11, 2903.12, 2903.13, 2903.211, or	620
2911.211 of the Revised Code that involves a person who was a	621
family or household member at the time of the violation, or a	622
violation of a municipal ordinance that is substantially similar	623
to section 2903.13, 2903.211, or 2911.211 of the Revised Code that	624
involves a person who was a family or household member at the time	625
of the violation, the court, upon its own motion, may issue a	626
temporary protection order as a pretrial condition of release if	627
it finds that the safety and protection of the complainant,	628
alleged victim, or other family or household member of the alleged	629
offender may be impaired by the continued presence of the alleged	630
offender.	631

(2) If the court issues a temporary protection order under	632
this section as an ex parte order, it shall conduct, as soon as	633
possible after the issuance of the order, a hearing in the	634
presence of the alleged offender not later than the next day on	635
which the court is scheduled to conduct business after the day on	636
which the alleged offender was arrested or at the time of the	637
appearance of the alleged offender pursuant to summons to	638
determine whether the order should remain in effect, be modified,	639
or be revoked. The hearing shall be conducted under the standards	640
set forth in division (C) of this section.	641

(3) An order issued under this section shall contain only	642
those terms authorized in orders issued under division (C) of this	643
section.	644

(4) If a municipal court or a county court issues a	645
temporary protection order under this section and if, subsequent	646
to the issuance of the order, the alleged offender who is the	647
subject of the order is bound over to the court of common pleas	648
for prosecution of a felony arising out of the same activities as	649
those that were the basis of the complaint upon which the order is	650
based, notwithstanding the fact that the order was issued by a	651
municipal court or county court, the order shall remain in effect,	652
as though it were an order of the court of common pleas, while the	653
charges against the alleged offender are pending in the court of	654
common pleas, for the period of time described in division (E)(2)	655
of this section, and the court of common pleas has exclusive	656
jurisdiction to modify the order issued by the municipal court or	657
county court. This division applies when the alleged offender is	658
bound over to the court of common pleas as a result of the person	659
waiving a preliminary hearing on the felony charge, as a result of	660
the municipal court or county court having determined at a	661
preliminary hearing that there is probable cause to believe that	662
the felony has been committed and that the alleged offender	663
committed it, as a result of the alleged offender having been	664
indicted for the felony, or in any other manner.	665

(E) A temporary protection order that is issued as a	666
pretrial condition of release under this section:	667

(1) Is in addition to, but shall not be construed as a part	668
of, any bail set under Criminal Rule 46;	669

(2) Is effective only until the occurrence of either of the	670
following:	671

(a) The disposition, by the court that issued the order or,	672
in the circumstances described in division (D)(4) of this section,	673
by the court of common pleas to which the alleged offender is	674
bound over for prosecution, of the criminal proceeding arising out	675
of the complaint upon which the order is based;	676

(b) The issuance of a protection order or the approval of a	677
consent agreement, arising out of the same activities as those	678
that were the basis of the complaint upon which the order is	679
based, under section 3113.31 of the Revised Code;	680

(3) Shall not be construed as a finding that the alleged	681
offender committed the alleged offense, and shall not be	682
introduced as evidence of the commission of the offense at the	683
trial of the alleged offender on the complaint upon which the	684
order is based.	685

(F) A person who meets the criteria for bail under Criminal	686
Rule 46 and who, if required to do so pursuant to that rule,	687
executes or posts bond or deposits cash or securities as bail,	688
shall not be held in custody pending a hearing before the court on	689
a motion requesting a temporary protection order.	690

(G)(1) A copy of any temporary protection order that is	691
issued under this section shall be issued by the court to the	692
complainant, to the alleged victim, to the person who requested	693
the order, to the defendant, and to all law enforcement agencies	694
that have jurisdiction to enforce the order. The court shall	695
direct that a copy of the order be delivered to the defendant on	696
the same day that the order is entered. If a municipal court or a	697
county court issues a temporary protection order under this	698
section and if, subsequent to the issuance of the order, the	699
defendant who is the subject of the order is bound over to the	700
court of common pleas for prosecution as described in division	701
(D)(4) of this section, the municipal court or county court shall	702
direct that a copy of the order be delivered to the court of	703
common pleas to which the defendant is bound over.	704

(2) All law enforcement agencies shall establish and	705
maintain an index for the temporary protection orders delivered to	706
the agencies pursuant to division (G)(1) of this section. With	707
respect to each order delivered, each agency shall note on the	708
index, the date and time of the receipt of the order by the	709
agency.	710

(3) A complainant, alleged victim, or other person who	711
obtains a temporary protection order under this section may	712
provide notice of the issuance of the temporary protection order	713
to the judicial and law enforcement officials in any county other	714
than the county in which the order is issued by registering that	715
order in the other county in accordance with division (N) of	716
section 3113.31 of the Revised Code and filing a copy of the	717
registered protection order with a law enforcement agency in the	718
other county in accordance with that division.	719

(4) Any officer of a law enforcement agency shall enforce a	720
temporary protection order issued by any court in this state in	721
accordance with the provisions of the order, including removing	722
the defendant from the premises, regardless of whether the order	723
is registered in the county in which the officer's agency has	724
jurisdiction as authorized by division (G)(3) of this section.	725

(H) Upon a violation of a temporary protection order, the	726
court may issue another temporary protection order, as a pretrial	727
condition of release, that modifies the terms of the order that	728
was violated.	729

(I)(1) As used in divisions (I)(1) and (2) of this section,	730
"defendant" means a person who is alleged in a complaint to have	731
committed a violation of the type described in division (A) of	732
this section.	733

(2) If a complaint is filed that alleges that a person	734
committed a violation of the type described in division (A) of	735
this section, the court may not issue a temporary protection order	736
under this section that requires the complainant, the alleged	737
victim, or another family or household member of the defendant to	738
do or refrain from doing an act that the court may require the	739
defendant to do or refrain from doing under a temporary protection	740
order unless both of the following apply:	741

(a) The defendant has filed a separate complaint that	742
alleges that the complainant, alleged victim, or other family or	743
household member in question who would be required under the order	744
to do or refrain from doing the act committed a violation of the	745
type described in division (A) of this section.	746

(b) The court determines that both the complainant, alleged	747
victim, or other family or household member in question who would	748
be required under the order to do or refrain from doing the act	749
and the defendant acted primarily as aggressors, that neither the	750
complainant, alleged victim, or other family or household member	751
in question who would be required under the order to do or refrain	752
from doing the act nor the defendant acted primarily in	753
self-defense, and, in accordance with the standards and criteria	754
of this section as applied in relation to the separate complaint	755
filed by the defendant, that it should issue the order to require	756
the complainant, alleged victim, or other family or household	757
member in question to do or refrain from doing the act.	758

(J) Notwithstanding any provision of law to the contrary and	759
regardless of whether a protection order is issued or a consent	760
agreement is approved by a court of another county or a court of	761
another state, no court or unit of state or local government shall	762
charge aany fee for, cost, deposit, or money in connection with	763
the filing of a motion pursuant to this section, in connection	764
with the filing, issuance, registration, or service of a	765
protection order or consent agreement, or for obtaining a	766
certified copy of a protection order or consent agreement.	767

(K) As used in this section, "victim advocate" means a	768
person who provides support and assistance for a victim of an	769
offense during court proceedings.	770

Sec. 2919.27.  (A) No person shall recklessly violate the	771
terms of any of the following:	772

(1) A protection order issued or consent agreement approved	773
pursuant to section 2919.26 or 3113.31 of the Revised Code;	774

(2) A protection order issued pursuant to section 2903.213	775
or 2903.214 of the Revised Code;	776

(3) A protection order issued by a court of another state.

777

(B) Whoever violates this section is guilty of violating a	778
protection order.	779

(1) If the offense involves a violation of division (A)(1)	780
or (3) of this section, one of the following applies:	781

(a) Except as otherwise provided in division (B)(1)(b) of	782
this section, violating a protection order is a misdemeanor of the	783
first degree.	784

(b) If the offender previously has been convicted of or	785
pleaded guilty to two or more violations of section 2903.211 or	786
2911.211 of the Revised Code that involved the same person who is	787
the subject of the protection order or consent agreement or	788
previously has been convicted of or pleaded guilty to one or more	789
violations of this section, violating a protection order is a	790
felony of the fifth degree.	791

(2) If the offense involves a violation of division (A)(2)	792
of this section, one of the following applies:	793

(a) Except as otherwise provided in division (B)(2)(b) of	794
this section, violating a protection order is a misdemeanor of the	795
first degree.	796

(b) If the offender previously has been convicted of or	797
pleaded guilty to two or more violations of this section or of	798
former section 2919.27 of the Revised Code involving a protection	799
order issued pursuant to section 2903.213 or 2903.214 of the	800
Revised Code, two or more violations of section 2903.21, 2903.211,	801
2903.22, or 2911.211 of the Revised Code that involved the same	802
person who is the subject of the protection order, or two or more	803
violations of section 2903.214 of the Revised Code as it existed	804
prior to July 1, 1996, violating a protection order is a felony of	805
the fifth degree.	806

(C) It is an affirmative defense to a charge under division	807
(A)(3) of this section that the protection order issued by a court	808
of another state does not comply with the requirements specified	809
in 18 U.S.C. 2265(b) for a protection order that must be accorded	810
full faith and credit by a court of this state or that it is not	811
entitled to full faith and credit under 18 U.S.C. 2265(c).	812

(D) As used in this section, "protection order issued by a	813
court of another state" means an injunction or another order	814
issued by a criminal court of another state for the purpose of	815
preventing violent or threatening acts or harassment against,	816
contact or communication with, or physical proximity to another	817
person, including a temporary order, and means an injunction or	818
order of that nature issued by a civil court of another state,	819
including a temporary order and a final order issued in an	820
independent action or as a pendente lite order in a proceeding for	821
other relief, if the court issued it in response to a complaint,	822
petition, or motion filed by or on behalf of a person seeking	823
protection. "Protection order issued by a court of another state"	824
does not include an order for support or for custody of a child	825
issued pursuant to the divorce and child custody laws of another	826
state, except to the extent that the order for support or for	827
custody of a child is entitled to full faith and credit under the	828
laws of the United States.	829

Sec. 2919.272.  (A) As used in this section, "protection	830
order issued by a court of another state" has the same meaning as	831
in section 2919.27 of the Revised Code.	832

(B) A person who has obtained a protection order issued by a	833
court of another state may provide notice of the issuance of the	834
order to judicial and law enforcement officials in any county of	835
this state by registering the order in that county and filing a	836
copy of the registered order with a law enforcement agency in that	837
county. To register the order, the person shall obtain a	838
certified copy of the order from the clerk of the court that	839
issued the order and present that certified copy to the clerk of	840
the court of common pleas or the clerk of a municipal court or	841
county court in the county in which the order is to be registered.	842
Upon accepting the certified copy of the order for registration,	843
the clerk shall place an endorsement of registration on the order	844
and give the person a copy of the order that bears proof of	845
registration. The person then may file with a law enforcement	846
agency in that county a copy of the order that bears proof of	847
registration.	848

(C) The clerk of each court of common pleas and the clerk of	849
each municipal court and county court shall maintain a registry of	850
certified copies of protection orders issued by courts of another	851
state that have been registered with the clerk. Each law	852
enforcement agency shall establish and maintain a registry for	853
protection orders delivered to the agency pursuant to this	854
section. The agency shall note in the registry the date and time	855
that the agency received an order.	856

(D) An officer of a law enforcement agency shall enforce a	857
protection order issued by a court of another state in accordance	858
with the provisions of the order, including removing the person	859
allegedly violating the order from the premises, regardless of	860
whether the order is registered as authorized by division (B) of	861
this section in the county in which the officer's agency has	862
jurisdiction.	863

(E) Notwithstanding any provision of law to the contrary and	864
regardless of whether a protection order is issued or a consent	865
agreement is approved by a court of another county or a court of	866
another state, no court or unit of state or local government shall	867
charge any fee, cost, deposit, or money in connection with the	868
filing, issuance, registration, or service of a protection order	869
or consent agreement or for obtaining a certified copy of a	870
protection order or consent agreement, including a protection	871
order issued by a court of another state.	872

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

873

(1) "Domestic violence" means the occurrence of one or more	874
of the following acts against a family or household member:	875

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

876

(b) Placing another person by the threat of force in fear of	877
imminent serious physical harm or committing a violation of	878
section 2903.211 or 2911.211 of the Revised Code;	879

(c) Committing any act with respect to a child that would	880
result in the child being an abused child, as defined in section	881
2151.031 of the Revised Code.	882

(2) "Court" means the domestic relations division of the	883
court of common pleas in counties that have a domestic relations	884
division, and the court of common pleas in counties that do not	885
have a domestic relations division.	886

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

887

(a) Any of the following who is residing with or has resided	888
with the respondent:	889

(i) A spouse, a person living as a spouse, or a former	890
spouse of the respondent;	891

(ii) A parent or a child of the respondent, or another	892
person related by consanguinity or affinity to the respondent;	893

(iii) A parent or a child of a spouse, person living as a	894
spouse, or former spouse of the respondent, or another person	895
related by consanguinity or affinity to a spouse, person living as	896
a spouse, or former spouse of the respondent.	897

(b) The natural parent of any child of whom the respondent	898
is the other natural parent or is the putative other natural	899
parent.	900

(4) "Person living as a spouse" means a person who is living	901
or has lived with the respondent in a common law marital	902
relationship, who otherwise is cohabiting with the respondent, or	903
who otherwise has cohabited with the respondent within five years	904
prior to the date of the alleged occurrence of the act in	905
question.	906

(5) "Victim advocate" means a person who provides support	907
and assistance for a person who files a petition under this	908
section.	909

(B) The court has jurisdiction over all proceedings under	910
this section. The petitioner's right to relief under this section	911
is not affected by the petitioner's leaving the residence or	912
household to avoid further domestic violence.	913

(C) A person may seek relief under this section on the	914
person's own behalf, or any parent or adult household member may	915
seek relief under this section on behalf of any other family or	916
household member, by filing a petition with the court. The	917
petition shall contain or state:	918

(1) An allegation that the respondent engaged in domestic	919
violence against a family or household member of the respondent,	920
including a description of the nature and extent of the domestic	921
violence;	922

(2) The relationship of the respondent to the petitioner,	923
and to the victim if other than the petitioner;	924

(3) A request for relief under this section.

925

(D)(1) If a person who files a petition pursuant to this	926
section requests an ex parte order, the court shall hold an ex	927
parte hearing on the same day that the petition is filed. The	928
court, for good cause shown at the ex parte hearing, may enter any	929
temporary orders, with or without bond, including, but not limited	930
to, an order described in division (E)(1)(a), (b), or (c) of this	931
section, that the court finds necessary to protect the family or	932
household member from domestic violence. Immediate and present	933
danger of domestic violence to the family or household member	934
constitutes good cause for purposes of this section. Immediate and	935
present danger includes, but is not limited to, situations in	936
which the respondent has threatened the family or household member	937
with bodily harm or in which the respondent previously has been	938
convicted of or pleaded guilty to an offense that constitutes	939
domestic violence against the family or household member.	940

(2)(a) If the court, after an ex parte hearing, issues an	941
order described in division (E)(1)(b) or (c) of this section, the	942
court shall schedule a full hearing for a date that is within	943
seven court days after the ex parte hearing. If any other type of	944
protection order that is authorized under division (E) of this	945
section is issued by the court after an ex parte hearing, the	946
court shall schedule a full hearing for a date that is within ten	947
court days after the ex parte hearing. The court shall give the	948
respondent notice of, and an opportunity to be heard at, the full	949
hearing. The court shall hold the full hearing on the date	950
scheduled under this division unless the court grants a	951
continuance of the hearing in accordance with this division. Under	952
any of the following circumstances or for any of the following	953
reasons, the court may grant a continuance of the full hearing to	954
a reasonable time determined by the court:	955

(i) Prior to the date scheduled for the full hearing under	956
this division, the respondent has not been served with the	957
petition filed pursuant to this section and notice of the full	958
hearing.	959

(ii) The parties consent to the continuance.

960

(iii) The continuance is needed to allow a party to obtain	961
counsel.	962

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

963

(b) An ex parte order issued under this section does not	964
expire because of a failure to serve notice of the full hearing	965
upon the respondent before the date set for the full hearing under	966
division (D)(2)(a) of this section or because the court grants a	967
continuance under that division.	968

(3) If a person who files a petition pursuant to this	969
section does not request an ex parte order, or if a person	970
requests an ex parte order but the court does not issue an ex	971
parte order after an ex parte hearing, the court shall proceed as	972
in a normal civil action and grant a full hearing on the matter.	973

(E)(1) After an ex parte or full hearing, the court may	974
grant any protection order, with or without bond, or approve any	975
consent agreement to bring about a cessation of domestic violence	976
against the family or household members. The order or agreement	977
may:	978

(a) Direct the respondent to refrain from abusing the family	979
or household members;	980

(b) Grant possession of the residence or household to the	981
petitioner or other family or household member, to the exclusion	982
of the respondent, by evicting the respondent, when the residence	983
or household is owned or leased solely by the petitioner or other	984
family or household member, or by ordering the respondent to	985
vacate the premises, when the residence or household is jointly	986
owned or leased by the respondent, and the petitioner or other	987
family or household member;	988

(c) When the respondent has a duty to support the petitioner	989
or other family or household member living in the residence or	990
household and the respondent is the sole owner or lessee of the	991
residence or household, grant possession of the residence or	992
household to the petitioner or other family or household member,	993
to the exclusion of the respondent, by ordering the respondent to	994
vacate the premises, or, in the case of a consent agreement, allow	995
the respondent to provide suitable, alternative housing;	996

(d) Temporarily allocate parental rights and	997
responsibilities for the care of, or establish temporary parenting	998
time rights with regard to, minor children, if no other court has	999
determined, or is determining, the allocation of parental rights	1000
and responsibilities for the minor children or parenting time	1001
rights;	1002

(e) Require the respondent to maintain support, if the	1003
respondent customarily provides for or contributes to the support	1004
of the family or household member, or if the respondent has a duty	1005
to support the petitioner or family or household member;	1006

(f) Require the respondent, petitioner, victim of domestic	1007
violence, or any combination of those persons, to seek counseling;	1008

(g) Require the respondent to refrain from entering the	1009
residence, school, business, or place of employment of the	1010
petitioner or family or household member;	1011

(h) Grant other relief that the court considers equitable	1012
and fair, including, but not limited to, ordering the respondent	1013
to permit the use of a motor vehicle by the petitioner or other	1014
family or household member and the apportionment of household and	1015
family personal property.	1016

(2) If a protection order has been issued pursuant to this	1017
section in a prior action involving the respondent and the	1018
petitioner or one or more of the family or household members, the	1019
court may include in a protection order that it issues a	1020
prohibition against the respondent returning to the residence or	1021
household. If it includes a prohibition against the respondent	1022
returning to the residence or household in the order, it also	1023
shall include in the order provisions of the type described in	1024
division (E)(7) of this section. This division does not preclude	1025
the court from including in a protection order or consent	1026
agreement, in circumstances other than those described in this	1027
division, a requirement that the respondent be evicted from or	1028
vacate the residence or household or refrain from entering the	1029
residence, school, business, or place of employment of the	1030
petitioner or a family or household member, and, if the court	1031
includes any requirement of that type in an order or agreement,	1032
the court also shall include in the order provisions of the type	1033
described in division (E)(7) of this section.	1034

(3)(a) Any protection order issued or consent agreement	1035
approved under this section shall be valid until a date certain,	1036
but not later than five years from the date of its issuance or	1037
approval.	1038

(b) Subject to the limitation on the duration of an order or	1039
agreement set forth in division (E)(3)(a) of this section, any	1040
order under division (E)(1)(d) of this section shall terminate on	1041
the date that a court in an action for divorce, dissolution of	1042
marriage, or legal separation brought by the petitioner or	1043
respondent issues an order allocating parental rights and	1044
responsibilities for the care of children or on the date that a	1045
juvenile court in an action brought by the petitioner or	1046
respondent issues an order awarding legal custody of minor	1047
children. Subject to the limitation on the duration of an order	1048
or agreement set forth in division (E)(3)(a) of this section, any	1049
order under division (E)(1)(e) of this section shall terminate on	1050
the date that a court in an action for divorce, dissolution of	1051
marriage, or legal separation brought by the petitioner or	1052
respondent issues a support order or on the date that a juvenile	1053
court in an action brought by the petitioner or respondent issues	1054
a support order.	1055

(c) Any protection order issued or consent agreement	1056
approved pursuant to this section may be renewed in the same	1057
manner as the original order or agreement was issued or approved.	1058

(4) A court may not issue a protection order that requires a	1059
petitioner to do or to refrain from doing an act that the court	1060
may require a respondent to do or to refrain from doing under	1061
division (E)(1)(a), (b), (c), (d), (e), (g), or (h) of this	1062
section unless all of the following apply:	1063

(a) The respondent files a separate petition for a	1064
protection order in accordance with this section.	1065

(b) The petitioner is served notice of the respondent's	1066
petition at least forty-eight hours before the court holds a	1067
hearing with respect to the respondent's petition, or the	1068
petitioner waives the right to receive this notice.	1069

(c) If the petitioner has requested an ex parte order	1070
pursuant to division (D) of this section, the court does not delay	1071
any hearing required by that division beyond the time specified in	1072
that division in order to consolidate the hearing with a hearing	1073
on the petition filed by the respondent.	1074

(d) After a full hearing at which the respondent presents	1075
evidence in support of the request for a protection order and the	1076
petitioner is afforded an opportunity to defend against that	1077
evidence, the court determines that the petitioner has committed	1078
an act of domestic violence or has violated a temporary protection	1079
order issued pursuant to section 2919.26 of the Revised Code, that	1080
both the petitioner and the respondent acted primarily as	1081
aggressors, and that neither the petitioner nor the respondent	1082
acted primarily in self-defense.	1083

(5) No protection order issued or consent agreement approved	1084
under this section shall in any manner affect title to any real	1085
property.	1086

(6)(a) If a petitioner, or the child of a petitioner, who	1087
obtains a protection order or consent agreement pursuant to	1088
division (E)(1) of this section or a temporary protection order	1089
pursuant to section 2919.26 of the Revised Code and is the subject	1090
of a parenting time order issued pursuant to section 3109.051 or	1091
3109.12 of the Revised Code or a visitation or companionship order	1092
issued pursuant to section 3109.051, 3109.11, or 3109.12 of the	1093
Revised Code or division (E)(1)(d) of this section granting	1094
parenting time rights to the respondent, the court may require the	1095
public children services agency of the county in which the court	1096
is located to provide supervision of the respondent's exercise of	1097
parenting time or visitation or companionship rights with respect	1098
to the child for a period not to exceed nine months, if the court	1099
makes the following findings of fact:	1100

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

1101

(ii) No other person or agency is available to provide the	1102
supervision.	1103

(b) A court that requires an agency to provide supervision	1104
pursuant to division (E)(6)(a) of this section shall order the	1105
respondent to reimburse the agency for the cost of providing the	1106
supervision, if it determines that the respondent has sufficient	1107
income or resources to pay that cost.	1108

(7)(a) If a protection order issued or consent agreement	1109
approved under this section includes a requirement that the	1110
respondent be evicted from or vacate the residence or household or	1111
refrain from entering the residence, school, business, or place of	1112
employment of the petitioner or a family or household member, the	1113
order or agreement shall state clearly that the order or agreement	1114
cannot be waived or nullified by an invitation to the respondent	1115
from the petitioner or other family or household member to enter	1116
the residence, school, business, or place of employment or by the	1117
respondent's entry into one of those places otherwise upon the	1118
consent of the petitioner or other family or household member.	1119

(b) Division (E)(7)(a) of this section does not limit any	1120
discretion of a court to determine that a respondent charged with	1121
a violation of section 2919.27 of the Revised Code, with a	1122
violation of a municipal ordinance substantially equivalent to	1123
that section, or with contempt of court, which charge is based on	1124
an alleged violation of a protection order issued or consent	1125
agreement approved under this section, did not commit the	1126
violation or was not in contempt of court.	1127

(F)(1) A copy of any protection order, or consent agreement,	1128
that is issued or approved under this section shall be issued by	1129
the court to the petitioner, to the respondent, and to all law	1130
enforcement agencies that have jurisdiction to enforce the order	1131
or agreement. The court shall direct that a copy of an order be	1132
delivered to the respondent on the same day that the order is	1133
entered.	1134

(2) All law enforcement agencies shall establish and	1135
maintain an index for the protection orders and the approved	1136
consent agreements delivered to the agencies pursuant to division	1137
(F)(1) of this section. With respect to each order and consent	1138
agreement delivered, each agency shall note on the index the date	1139
and time that it received the order or consent agreement.	1140

(3) Regardless of whether the petitioner has registered the	1141
order or agreement in the county in which the officer's agency has	1142
jurisdiction pursuant to division (N) of this section, any officer	1143
of a law enforcement agency shall enforce a protection order	1144
issued or consent agreement approved by any court in this state in	1145
accordance with the provisions of the order or agreement,	1146
including removing the respondent from the premises, if	1147
appropriate.	1148

(G) Any proceeding under this section shall be conducted in	1149
accordance with the Rules of Civil Procedure, except that an order	1150
under this section may be obtained with or without bond. An order	1151
issued under this section, other than an ex parte order, that	1152
grants a protection order or approves a consent agreement, or that	1153
refuses to grant a protection order or approve a consent	1154
agreement, is a final, appealable order. The remedies and	1155
procedures provided in this section are in addition to, and not in	1156
lieu of, any other available civil or criminal remedies.	1157

(H) The filing of proceedings under this section does not	1158
excuse a person from filing any report or giving any notice	1159
required by section 2151.421 of the Revised Code or by any other	1160
law. When a petition under this section alleges domestic violence	1161
against minor children, the court shall report the fact, or cause	1162
reports to be made, to a county, township, or municipal peace	1163
officer under section 2151.421 of the Revised Code.	1164

(I) Any law enforcement agency that investigates a domestic	1165
dispute shall provide information to the family or household	1166
members involved regarding the relief available under this section	1167
and section 2919.26 of the Revised Code.	1168

(J) Notwithstanding any provision of law to the contrary and	1169
regardless of whether a protection order is issued or a consent	1170
agreement is approved by a court of another county or a court of	1171
another state, no court or unit of state or local government shall	1172
charge aany fee for, cost, deposit, or money in connection with	1173
the filing of a petition pursuant to this section or in connection	1174
with the filing, issuance, registration, or service of a	1175
protection order or consent agreement, or for obtaining a	1176
certified copy of a protection order or consent agreement.	1177

(K)(1) The court shall comply with Chapters 3119., 3121.,	1178
3123., and 3125. of the Revised Code when it makes or modifies an	1179
order for child support under this section.	1180

(2) If any person required to pay child support under an	1181
order made under this section on or after April 15, 1985, or	1182
modified under this section on or after December 31, 1986, is	1183
found in contempt of court for failure to make support payments	1184
under the order, the court that makes the finding, in addition to	1185
any other penalty or remedy imposed, shall assess all court costs	1186
arising out of the contempt proceeding against the person and	1187
require the person to pay any reasonable attorney's fees of any	1188
adverse party, as determined by the court, that arose in relation	1189
to the act of contempt.	1190

(L)(1) A person who violates a protection order issued or a	1191
consent agreement approved under this section is subject to the	1192
following sanctions:	1193

(a) Criminal prosecution for a violation of section 2919.27	1194
of the Revised Code, if the violation of the protection order or	1195
consent agreement constitutes a violation of that section;	1196

(b) Punishment for contempt of court.

1197

(2) The punishment of a person for contempt of court for	1198
violation of a protection order issued or a consent agreement	1199
approved under this section does not bar criminal prosecution of	1200
the person for a violation of section 2919.27 of the Revised Code.	1201
However, a person punished for contempt of court is entitled to	1202
credit for the punishment imposed upon conviction of a violation	1203
of that section, and a person convicted of a violation of that	1204
section shall not subsequently be punished for contempt of court	1205
arising out of the same activity.	1206

(M) In all stages of a proceeding under this section, a	1207
petitioner may be accompanied by a victim advocate.	1208

(N)(1) A petitioner who obtains a protection order or	1209
consent agreement under this section or a temporary protection	1210
order under section 2919.26 of the Revised Code may provide notice	1211
of the issuance or approval of the order or agreement to the	1212
judicial and law enforcement officials in any county other than	1213
the county in which the order is issued or the agreement is	1214
approved by registering that order or agreement in the other	1215
county pursuant to division (N)(2) of this section and filing a	1216
copy of the registered order or registered agreement with a law	1217
enforcement agency in the other county in accordance with that	1218
division. A person who obtains a protection order issued by a	1219
court of another state may provide notice of the issuance of the	1220
order to the judicial and law enforcement officials in any county	1221
of this state by registering the order in that county pursuant to	1222
section 2919.272 of the Revised Code and filing a copy of the	1223
registered order with a law enforcement agency in that county.	1224

(2) A petitioner may register a temporary protection order,	1225
protection order, or consent agreement in a county other than the	1226
county in which the court that issued the order or approved the	1227
agreement is located in the following manner:	1228

(a) The petitioner shall obtain a certified copy of the	1229
order or agreement from the clerk of the court that issued the	1230
order or approved the agreement and present that certified copy to	1231
the clerk of the court of common pleas or the clerk of a municipal	1232
court or county court in the county in which the order or	1233
agreement is to be registered.	1234

(b) Upon accepting the certified copy of the order or	1235
agreement for registration, the clerk of the court of common	1236
pleas, municipal court, or county court shall place an endorsement	1237
of registration on the order or agreement and give the petitioner	1238
a copy of the order or agreement that bears that proof of	1239
registration.	1240

(3) The clerk of each court of common pleas, the clerk of	1241
each municipal court, and the clerk of each county court shall	1242
maintain a registry of certified copies of temporary protection	1243
orders, protection orders, or consent agreements that have been	1244
issued or approved by courts in other counties and that have been	1245
registered with the clerk.	1246

(4) If a petitioner who obtains a protection order or	1247
consent agreement under this section or a temporary protection	1248
order under section 2919.26 of the Revised Code wishes to register	1249
the order or agreement in any county other than the county in	1250
which the order was issued or the agreement was approved, pursuant	1251
to divisions (N)(1) to (3) of this section, and if the petitioner	1252
is indigent, both of the following apply:	1253

(a) If the petitioner submits to the clerk of the court that	1254
issued the order or approved the agreement satisfactory proof that	1255
the petitioner is indigent, the clerk may waive any fee that	1256
otherwise would be required for providing the petitioner with a	1257
certified copy of the order or agreement to be used for purposes	1258
of divisions (N)(1) to (3) of this section;	1259

(b) If the petitioner submits to the clerk of the court of	1260
common pleas or the clerk of a municipal court or county court in	1261
the county in which the order or agreement is to be registered	1262
satisfactory proof that the petitioner is indigent, the clerk may	1263
waive any fee that otherwise would be required for accepting for	1264
registration a certified copy of the order or agreement, for	1265
placing an endorsement of registration on the order or agreement,	1266
or for giving the petitioner a copy of the order or agreement that	1267
bears the proof of registration.	1268

Section 2. That existing sections 2903.213, 2903.214,	1269
2919.25, 2919.26, 2919.27, 2919.272, and 3113.31 of the Revised	1270
Code are hereby repealed.	1271