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 |
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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
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 |
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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |