Sec. 109.42. (A) The attorney general shall prepare and
have | 16 |
printed a pamphlet that contains a compilation of all
statutes | 17 |
relative to victim's rights in which the attorney general
lists | 18 |
and
explains the statutes in the form of a victim's bill of | 19 |
rights.
The attorney general shall distribute the pamphlet to all | 20 |
sheriffs, marshals,
municipal corporation and township police | 21 |
departments,
constables, and other law enforcement agencies, to | 22 |
all
prosecuting attorneys, city directors of law, village | 23 |
solicitors,
and other similar chief legal officers of municipal | 24 |
corporations,
and to organizations that represent or provide | 25 |
services for
victims of crime. The victim's bill of rights set | 26 |
forth in the
pamphlet shall contain a description of all of the | 27 |
rights of
victims that are provided for in Chapter 2930. or in
any | 28 |
other section of the Revised Code and shall include, but not
be | 29 |
limited to, all of the following: | 30 |
(1) The right of a victim or a victim's
representative to | 31 |
attend a proceeding before a grand
jury, in a juvenile case, or in | 32 |
a criminal case pursuant to a
subpoena without being discharged | 33 |
from the victim's or
representative's employment, having the | 34 |
victim's or
representative's employment terminated, having the | 35 |
victim's
or representative's pay decreased or withheld, or | 36 |
otherwise being punished, penalized, or threatened as a result of | 37 |
time lost from regular employment because of the victim's or | 38 |
representative's attendance at
the proceeding pursuant to the | 39 |
subpoena, as set forth in section
2151.211, 2930.18, 2939.121, or | 40 |
2945.451 of the Revised Code; | 41 |
(4) The right of the victim in certain criminal or juvenile | 53 |
cases or a
victim's
representative to receive, pursuant to section | 54 |
2930.06 of the Revised Code,
notice of the date, time, and place | 55 |
of the trial or delinquency
proceeding in the case or, if
there | 56 |
will not be a trial or delinquency proceeding, information from | 57 |
the prosecutor, as defined in
section 2930.01 of the Revised Code, | 58 |
regarding the disposition of the case; | 59 |
(5) The right of the victim in certain criminal or juvenile | 60 |
cases or a
victim's representative to receive, pursuant to section | 61 |
2930.04,
2930.05, or 2930.06 of the Revised Code, notice of the | 62 |
name of the person
charged with the violation, the case or docket | 63 |
number assigned to
the charge, and a telephone number or numbers | 64 |
that can be called
to obtain information about the disposition of | 65 |
the case; | 66 |
(8) The right of the victim in certain criminal or juvenile | 79 |
cases or a
victim's
representative pursuant to sections 2151.38, | 80 |
2929.20, 2930.10,
2930.16, and 2930.17 of
the Revised Code to | 81 |
receive notice of a pending motion for judicial release
or early | 82 |
release of
the person who
committed the offense against the | 83 |
victim, to make an oral or
written
statement at the court hearing | 84 |
on the motion, and to be notified of
the court's decision on the | 85 |
motion; | 86 |
(9) The right of the victim in certain criminal or juvenile | 87 |
cases or a
victim's representative pursuant to section 2930.16, | 88 |
2967.12, 2967.26, or 5139.56
of the Revised Code to receive notice | 89 |
of any pending
commutation, pardon, parole, transitional
control, | 90 |
discharge, other form of authorized release,
post-release control, | 91 |
or supervised release for the
person who committed the offense | 92 |
against the victim or any application for
release of that person | 93 |
and to send a written statement
relative to the victimization and | 94 |
the pending action to the adult
parole authority or the release | 95 |
authority of the department of youth
services; | 96 |
(14) The right of the victim in certain criminal or juvenile | 113 |
cases
or a victim's representative, pursuant to section 2930.16 of | 114 |
the Revised
Code, to receive notice of the escape
from confinement | 115 |
or custody of the person who committed the
offense, to receive | 116 |
that notice from the custodial agency
of the person at the | 117 |
victim's last address or telephone
number provided to the | 118 |
custodial agency, and to
receive notice that, if either the | 119 |
victim's address or telephone
number changes, it is in the | 120 |
victim's interest to provide the new
address or telephone number | 121 |
to the custodial
agency; | 122 |
(15) The right of a victim of domestic violence to seek
the | 123 |
issuance of a
temporary protection order pursuant to section | 124 |
2919.26 of the Revised Code,
to seek the issuance of a civil | 125 |
protection order pursuant to section 3113.31
of the Revised Code, | 126 |
the right of a victim of any offense of violence as provided in | 127 |
division (A) of section 2919.26 of the Revised Code involving a | 128 |
person who is a family or household member at the time of the | 129 |
offense to seek the issuance of a temporary protection order | 130 |
pursuant to that section,
and the right of both types of victims | 131 |
to be accompanied by a victim advocate during court
proceedings; | 132 |
(16) The right of a victim of a
sexually oriented offense | 133 |
that is committed by a person who is
adjudicated as being a sexual | 134 |
predator or, in certain cases, by
a person who is determined to be | 135 |
a habitual sex offender to
receive, pursuant to section 2950.10 of | 136 |
the Revised Code, notice that the
person
has registered with a | 137 |
sheriff under section 2950.04 or 2950.05
of the Revised Code and | 138 |
notice of the
person's name and residence address or addresses, | 139 |
and
a
summary of the manner in which the victim must make a | 140 |
request
to receive the notice. As used in this division,
"sexually | 141 |
oriented offense," "adjudicated as being a sexual
predator," and | 142 |
"habitual sex offender" have the same meanings as
in section | 143 |
2950.01 of the Revised Code. | 144 |
(17) The right of a victim of certain sexually violent | 145 |
offenses committed by a sexually violent predator who is
sentenced | 146 |
to a prison term pursuant to division
(A)(3) of section 2971.03 of | 147 |
the Revised Code to receive, pursuant to
section 2930.16 of the | 148 |
Revised Code, notice of a hearing to
determine whether to modify | 149 |
the requirement that the offender
serve the entire prison term in | 150 |
a state correctional facility,
whether to continue, revise, or | 151 |
revoke any existing modification
of that requirement, or whether | 152 |
to terminate the prison term.
As used in this division, "sexually | 153 |
violent offense" and
"sexually violent predator" have the same | 154 |
meanings as in section
2971.01 of the Revised Code. | 155 |
(B)(1)(a) Subject to division (B)(1)(c) of this section, a | 156 |
prosecuting
attorney, assistant prosecuting
attorney, city | 157 |
director of law, assistant city director of law,
village | 158 |
solicitor, assistant village solicitor, or similar chief
legal | 159 |
officer of a municipal corporation or an assistant of any
of those | 160 |
officers who prosecutes an offense
committed in this state, upon | 161 |
first
contact with the victim of the offense, the victim's family, | 162 |
or
the victim's dependents,
shall give the victim, the victim's | 163 |
family, or the victim's dependents a copy
of the pamphlet prepared | 164 |
pursuant to division (A) of this section
and explain, upon | 165 |
request, the information in the pamphlet to the
victim, the | 166 |
victim's family, or the victim's dependents. | 167 |
(ii) If the offense or delinquent act is an offense of | 176 |
violence, if
the
circumstances of the offense or delinquent act | 177 |
and the condition of the
victim,
the victim's family, or the | 178 |
victim's dependents indicate that the
victim, the victim's family, | 179 |
or the victim's dependents will not be able to
understand the | 180 |
significance
of the pamphlet upon first contact with the agency, | 181 |
and if the
agency anticipates that it will have an additional | 182 |
contact with
the victim, the victim's family, or the victim's | 183 |
dependents, upon the agency's second contact with the victim, the | 184 |
victim's
family, or the victim's dependents. | 185 |
If the agency does not give the victim, the victim's family, | 186 |
or
the victim's dependents a copy of the pamphlet upon first | 187 |
contact
with them and does not have a second contact with the | 188 |
victim, the victim's
family,
or the victim's dependents, the | 189 |
agency shall mail a copy of the pamphlet
to the victim, the | 190 |
victim's family, or the victim's
dependents at their last known | 191 |
address. | 192 |
(c) In complying on and after December 9, 1994, with the | 193 |
duties imposed by division
(B)(1)(a) or (b) of this section, an | 194 |
official or a law enforcement agency shall use copies of the | 195 |
pamphlet that are in the official's or agency's possession on | 196 |
December 9,
1994, until the official or agency has
distributed all | 197 |
of those copies. After the official or agency
has distributed all | 198 |
of those copies, the official or agency shall
use only copies of | 199 |
the pamphlet that contain at least the
information described in | 200 |
divisiondivisions (A)(1) to (17) of this
section. | 201 |
(2) The failure of a law enforcement agency or of a | 202 |
prosecuting attorney, assistant prosecuting attorney, city | 203 |
director of
law, assistant city director of law, village | 204 |
solicitor, assistant
village solicitor, or similar chief legal | 205 |
officer of a municipal
corporation or an assistant to any of those | 206 |
officers to give, as required by
division
(B)(1) of this section, | 207 |
the victim of an offense or delinquent act, the
victim's
family, | 208 |
or the victim's dependents a copy of the pamphlet prepared | 209 |
pursuant to
division (A) of this section does not give the victim, | 210 |
the victim's
family, the victim's dependents, or a victim's | 211 |
representative
any rights under section 122.95,
2743.51 to | 212 |
2743.72, 2945.04, 2967.12, 2969.01 to 2969.06,
3109.09, or 3109.10 | 213 |
of the Revised Code or under any other
provision of the Revised | 214 |
Code and does not affect any right under
those sections. | 215 |
(3) A law enforcement agency, a prosecuting attorney or | 216 |
assistant prosecuting
attorney, or a city director of law, | 217 |
assistant city director of
law, village solicitor,
assistant | 218 |
village solicitor, or similar chief legal officer of a municipal | 219 |
corporation that distributes a copy of
the pamphlet prepared | 220 |
pursuant to division (A) of this section
shall not be required to | 221 |
distribute a copy of an information card
or other printed material | 222 |
provided by the clerk of the court of
claims pursuant to section | 223 |
2743.71 of the Revised Code. | 224 |
(3) Except as otherwise provided in division (D)(4) of this | 249 |
section, if the offender
previously
has
pleaded guilty to or been | 250 |
convicted of domestic
violence, of a violation of
a municipal | 251 |
ordinance that is
substantially similar to domestic violence,
of a | 252 |
misdemeanor violation of
section 2903.11, 2903.12, 2903.13, | 253 |
2903.14,
2903.21, 2903.211,
2903.22, or 2911.211,
or 2919.22 of | 254 |
the Revised Code involving a
person who was a
family or
household | 255 |
member at the time of the
violation, or of a violation of
a | 256 |
municipal ordinance, a law of
the United States or of any other | 257 |
state, or a municipal ordinance
of a municipal corporation located | 258 |
in any other state that is
substantially similar to a misdemeanor | 259 |
violation of one of those sections
involving a person
who was a | 260 |
family or household member at the time of the
violation,
a | 261 |
violation of
section
2903.11, 2903.12, 2903.13, 2903.211, 2905.01, | 262 |
2905.02, 2907.02, 2907.03,
2907.04,
2907.05, 2909.02, 2909.03, | 263 |
2909.04, 2909.05, 2911.01,
2911.02,
2911.11, 2911.12, 2911.13, or | 264 |
2919.22 of the Revised Code
involving a
person who was a family or | 265 |
household member at the
time of the
violation, or a violation of a | 266 |
municipal ordinance, a law of the United States or of any other | 267 |
state, or a municipal ordinance of a municipal corporation located | 268 |
in any other state that is substantially similar to one of those | 269 |
sections involving a person who was a family or household member | 270 |
at the time of the violation, a violation of
division (A) or (B) | 271 |
of this section is a felony of
the
fifthfourth degree, and a | 272 |
violation of division (C) of this section
is a
misdemeanor of the | 273 |
third degree. | 274 |
Sec. 2919.251. (A) If a person is charged with a
violation | 308 |
of section 2919.25 of the Revised Code, a violation of
a municipal | 309 |
ordinance that is substantially similar to that
section, a | 310 |
violation of section 2903.11, 2903.12, 2903.13,
2903.211, or | 311 |
2911.211 of the Revised Codethe commission of any offense of | 312 |
violence involving a person who
was a family or household member | 313 |
at the time of the violation, or
a violation of a municipal | 314 |
ordinance substantially similar to
section 2903.13, 2903.211, or | 315 |
2911.211 of the Revised Code that
involves a person who was a | 316 |
family or household member at the
time of the violationoffense | 317 |
and if the person, at the time of the
alleged violationoffense, | 318 |
was subject to the terms of a protection order
issued or consent | 319 |
agreement approved pursuant to section 2919.26
or 3113.31 of the | 320 |
Revised Code or previously was convicted of or
pleaded guilty to a | 321 |
violation of section 2919.25 of the Revised
Code or a violation of | 322 |
section 2919.27 of
the Revised Code involving a protection order | 323 |
or consent agreement of that
type, a violation of a municipal | 324 |
ordinance that is
substantially similar to either section, a | 325 |
violation of section
2903.11, 2903.12, 2903.13, 2903.211, 2907.02, | 326 |
or 2911.211 of the Revised
Code involving a person who was a | 327 |
family or household member at
the time of the violation, or a | 328 |
violation of a municipal
ordinance that is substantially similar | 329 |
to section 2903.13, 2903.211, or
2911.211 of the Revised Code that | 330 |
involvesinvolving a person who was a
family or household member | 331 |
at the time of the violation, the
court shall consider all of the | 332 |
following, in addition to any
other circumstances considered by | 333 |
the court and notwithstanding
any provisions to the contrary | 334 |
contained in Criminal Rule 46,
before setting bail for the person: | 335 |
(B) Any court that has jurisdiction over violations of | 346 |
section 2919.25 of the Revised Code, violations of a municipal | 347 |
ordinance that is substantially similar to that section, | 348 |
violations of section 2903.13, 2903.211, or 2911.211 of the | 349 |
Revised Code that involveinvolving persons who are family or | 350 |
household
members at the time of the violation, or violations of a | 351 |
municipal ordinance that is substantially similar to section | 352 |
2903.13,
2903.211, or 2911.211 of the Revised Code that involve | 353 |
involving persons
who are family or household members at the time | 354 |
of the violation,
may set a schedule for bail to be used in cases | 355 |
involving those
violations. The schedule shall require that a | 356 |
judge consider all
of the factors listed in division (A) of this | 357 |
section and may
require judges to set bail at a certain level if | 358 |
the history of
the alleged offender or the circumstances of the | 359 |
alleged offense
meet certain criteria in the schedule. | 360 |
Sec. 2919.26. (A)(1) Upon the filing of a complaint that | 361 |
alleges a violation of section 2919.25 of the Revised Code, a | 362 |
violation of a
municipal ordinance substantially similar to that | 363 |
section, a violation of section 2903.11, 2903.12, 2903.13, | 364 |
2903.211, or
2911.211 of the Revised Code that involvesthe | 365 |
commission of any offense of violence involving a person
who was a | 366 |
family
or household member at the time of the violation, or a | 367 |
violation of a
municipal ordinance that is substantially
similar | 368 |
to section 2903.13,
2903.211, or 2911.211 of the Revised
Code that | 369 |
involves a person who was a
family or household member
at the time | 370 |
of the violationoffense, the
complainant, the alleged victim,
or | 371 |
a family or household member of
an alleged victim
may file, or,
if | 372 |
in an emergency the alleged victim
is unable to
file, a person
who | 373 |
made an arrest for the alleged violationoffense under
section | 374 |
2935.03
of the Revised Code may file on behalf of the
alleged | 375 |
victim, a
motion that requests the issuance
of a temporary | 376 |
protection order
as a pretrial condition of release of the
alleged | 377 |
offender, in
addition to any bail set under Criminal Rule
46. The | 378 |
motion shall
be filed with the clerk of the court that
has | 379 |
jurisdiction of the
case at any time after the filing of the | 380 |
complaint. | 381 |
(2) For purposes of section 2930.09 of the Revised Code, all | 382 |
stages of a
proceeding arising out of a violation specified | 383 |
complaint alleging the commission of an offense of violence | 384 |
described in
division (A)(1) of this
section, including all | 385 |
proceedings on a
motion for a temporary protection
order, are | 386 |
critical stages of
the case, and a victim
may be accompanied
by a | 387 |
victim advocate or
another person to provide support to the victim | 388 |
as
provided in
that section. | 389 |
A complaint, a copy of which has been attached to this | 406 |
motion, has been filed in this court charging the named defendant | 407 |
with at least one of the following violations of section 2919.25 | 408 |
of the
Revised Code that constitutes "domestic violence" or a | 409 |
municipal ordinance
that is substantially similar to that section: | 410 |
knowingly causing or
attempting to cause physical harm to a
family | 411 |
or household member; recklessly causing serious physical
harm to a | 412 |
family or household member; or, by threat of force,
knowingly | 413 |
causing a family or household member to believe that
the named | 414 |
defendant would cause imminent physical harm to that family
or | 415 |
household member; charging the named defendant
with felonious | 416 |
assault, aggravated assault, or assault that involved a family
or | 417 |
household member in violation of section 2903.11, 2903.12, or | 418 |
2903.13 of
the Revised Code; charging
the named defendant with | 419 |
menacing by stalking or aggravated
trespass that involves | 420 |
.......................... (name of the offense of violence) | 421 |
involving a family
or household member in violation of (section | 422 |
2903.211 or 2911.211 of the Revised Code;designating the offense | 423 |
of violence), or charging the named defendant with
a
violation of | 424 |
a municipal ordinance that is substantially similar
to | 425 |
........................(section
2903.13, 2903.211, or 2911.211 | 426 |
of the Revised Code that
involvesdesignating the offense of | 427 |
violence) involving a family or
household member. | 428 |
I understand that I must appear before the court, at a time | 429 |
set by the court within twenty-four hours after the filing of
this | 430 |
motion, for a hearing on the motion or that, if I am unable to | 431 |
appear
because of hospitalization or a medical condition resulting | 432 |
from the offense
alleged in the complaint, a person who can | 433 |
provide information about my need
for a temporary protection order | 434 |
must appear before the court in lieu of my
appearing in court. I | 435 |
understand that any temporary
protection order granted pursuant to | 436 |
this motion is a pretrial
condition of release and is effective | 437 |
only until the disposition
of the criminal proceeding arising out | 438 |
of the attached complaint,
or the issuance of a civil protection | 439 |
order or the approval of a
consent agreement, arising out of the | 440 |
same activities as those
that were the basis of the complaint, | 441 |
under section 3113.31 of
the Revised Code. | 442 |
(C)(1) As soon as possible after the filing of a motion that | 450 |
requests the issuance of a temporary protection order, but not | 451 |
later than twenty-four hours after the filing of the motion, the | 452 |
court shall conduct a hearing to determine whether to issue the | 453 |
order. The person who requested the order shall appear before
the | 454 |
court and provide the court with the information that it
requests | 455 |
concerning the basis of the motion. If the person who requested | 456 |
the
order is unable to appear and if the court finds that the | 457 |
failure to appear is
because of the person's hospitalization or | 458 |
medical condition resulting from
the offense alleged in the | 459 |
complaint, another person who is able to provide
the court with | 460 |
the information it requests may appear in lieu of the person
who | 461 |
requested the order. If the court finds that the safety and | 462 |
protection of
the complainant, alleged victim, or any other family | 463 |
or household member of the alleged offender may be impaired by
the | 464 |
continued presence of the alleged offender, the court may
issue a | 465 |
temporary protection order, as a pretrial condition of
release, | 466 |
that contains terms designed to ensure the safety and
protection | 467 |
of the complainant, alleged victim, or the
family or household | 468 |
member,
including a requirement that the alleged offender refrain | 469 |
from
entering the residence, school, business, or place of | 470 |
employment
of the complainant, alleged victim, or the family or | 471 |
household member. | 472 |
(2)(a) If the court issues a temporary protection order that | 473 |
includes a
requirement that the alleged offender refrain from | 474 |
entering the residence,
school, business, or place of employment | 475 |
of the complainant, the
alleged victim, or the family or
household | 476 |
member, the order shall state clearly that the order cannot be | 477 |
waived or nullified by an invitation to the alleged offender from | 478 |
the
complainant, alleged victim, or family or household
member to | 479 |
enter the residence, school,
business, or place of employment or | 480 |
by the alleged offender's entry into one
of those places otherwise | 481 |
upon the consent of the complainant,
alleged victim, or family or | 482 |
household member. | 483 |
(b) Division (C)(2)(a) of this section does not limit any | 484 |
discretion of a
court to determine that an alleged offender | 485 |
charged with a violation of
section 2919.27 of the Revised Code, | 486 |
with a violation of a municipal ordinance
substantially equivalent | 487 |
to that section, or with contempt of court, which
charge is based | 488 |
on an alleged violation of a temporary protection order issued | 489 |
under this section, did not commit the violation or was not in | 490 |
contempt of
court. | 491 |
(D)(1) Upon the filing of a complaint that alleges a | 492 |
violation of section 2919.25 of the Revised Code, a violation of a | 493 |
municipal
ordinance that is substantially similar to that section, | 494 |
a violation
of section 2903.11, 2903.12, 2903.13, 2903.211, or | 495 |
2911.211 of
the Revised Code that involvesthe commission of any | 496 |
offense of violence involving a person who was a
family or | 497 |
household
member at the time of the violation, or a violation of a | 498 |
municipal ordinance
that is substantially similar
to section | 499 |
2903.13, 2903.211, or 2911.211 of the
Revised Code that
involves a | 500 |
person who was a family or household member at
the time
of the | 501 |
violationoffense, the court, upon its own
motion, may issue a | 502 |
temporary protection order as a pretrial
condition of release if | 503 |
it finds that the safety and protection
of the complainant, | 504 |
alleged victim, or other family or
household member of the
alleged | 505 |
offender may be impaired by the continued presence of the
alleged | 506 |
offender. | 507 |
(2) If the court issues a temporary protection order under | 508 |
this section as an ex parte order, it shall conduct, as soon as | 509 |
possible after the issuance of the order, a hearing in the | 510 |
presence of the
alleged offender not later than the next day on | 511 |
which the court is scheduled
to conduct business after the day on | 512 |
which the alleged offender was arrested
or at the time of the | 513 |
appearance of the alleged offender pursuant to summons
to | 514 |
determine whether the order should remain in effect, be modified, | 515 |
or be
revoked. The hearing shall be conducted under the standards | 516 |
set
forth in division (C) of this section. | 517 |
(4) If a municipal court or a county
court issues a
temporary | 521 |
protection order under this section and
if, subsequent
to the | 522 |
issuance of the order, the alleged
offender who is the
subject of | 523 |
the order is bound over to the
court of common pleas
for | 524 |
prosecution of a felony arising out of
the same activities as | 525 |
those that were the basis of the
complaint upon which the order is | 526 |
based, notwithstanding the
fact that the order was issued by a | 527 |
municipal court or county
court, the order shall remain in effect, | 528 |
as though it were an order of the
court of common pleas, while the | 529 |
charges
against the alleged offender are pending in the court of | 530 |
common
pleas, for the period of time described in division
(E)(2) | 531 |
of this section, and the court of common pleas has exclusive | 532 |
jurisdiction to modify the order issued by the municipal court or | 533 |
county
court.
This
division applies when the alleged offender is | 534 |
bound over to the
court of common pleas as a result of the person | 535 |
waiving a
preliminary hearing on the felony charge, as a result of | 536 |
the
municipal court or county court having determined at a | 537 |
preliminary hearing that there is probable cause to believe that | 538 |
the felony has been committed and that the alleged offender | 539 |
committed it, as a result of the alleged offender having been | 540 |
indicted for the felony, or in any other manner. | 541 |
(G)(1) A copy of any temporary protection order that is | 567 |
issued under this section shall be issued by the court to the | 568 |
complainant, to the alleged victim, to the person who requested | 569 |
the
order, to the defendant, and to all law enforcement
agencies | 570 |
that have jurisdiction to enforce the order. The court
shall | 571 |
direct that a copy of the order be delivered to the
defendant on | 572 |
the same day that the order is entered. If a municipal court
or a | 573 |
county court issues a temporary
protection order under this | 574 |
section and if, subsequent to the
issuance of the order, the | 575 |
defendant who is the subject of the
order is bound over to the | 576 |
court of common pleas for prosecution
as described in division | 577 |
(D)(4)
of this section, the municipal court or county court shall | 578 |
direct that a copy of the order be delivered to the court of | 579 |
common pleas to which the defendant is bound over. | 580 |
(3) A complainant, alleged victim, or other person who | 586 |
obtains
a temporary protection
order under this section may | 587 |
provide notice of the issuance of
the temporary protection order | 588 |
to the judicial and law
enforcement officials in any county other | 589 |
than the county in
which the order is issued by registering that | 590 |
order in the other
county in accordance with division (N) of | 591 |
section 3113.31
of the Revised Code and filing a copy of the | 592 |
registered protection order with a law enforcement agency in the | 593 |
other county in accordance with that division. | 594 |
(2) If a complaint is filed that alleges that a person | 609 |
committed a violation of the typean offense of violence described | 610 |
in division
(A) of
this section, the court may not issue a | 611 |
temporary
protection order
under this section that requires the | 612 |
complainant,
the alleged
victim,
or another family or household | 613 |
member of the defendant to
do or
refrain from doing an act that | 614 |
the court may require the
defendant to do or refrain from doing | 615 |
under a temporary
protection
order unless both of the following | 616 |
apply: | 617 |
(b) The court determines that both the
complainant, alleged | 623 |
victim, or other family or household
member
in question who
would | 624 |
be required under the order to do or refrain from doing the
act | 625 |
and the defendant acted primarily as aggressors, that neither
the | 626 |
complainant, alleged victim, or other family or
household member | 627 |
in question
who would be required under the order to do or refrain | 628 |
from doing
the act nor the defendant acted primarily in | 629 |
self-defense, and,
in accordance with the standards and criteria | 630 |
of this section as
applied in relation to the separate complaint | 631 |
filed by the
defendant, that it should issue the order to require | 632 |
the
complainant, alleged victim, or other family or household | 633 |
member in question to do
or refrain from doing the act. | 634 |
(J) Notwithstanding any provision of law to the
contrary
and | 635 |
regardless of whether a protection order is issued or a consent | 636 |
agreement is approved by a court of
another county or a court of | 637 |
another state, no
court
or unit of state or local government shall | 638 |
charge
any fee, cost, deposit, or money in connection with
the | 639 |
filing of a motion
pursuant to
this section, in connection
with | 640 |
the filing, issuance,
registration, or service of a
protection | 641 |
order or consent agreement, or for obtaining a
certified copy of a | 642 |
protection order or consent agreement. | 643 |
(b)(3) If the offender previously has been convicted
of or | 661 |
pleaded guilty to a violation of a protection order issued | 662 |
pursuant to section 2903.213 or 2903.214 of the Revised Code, two | 663 |
or more violations of section 2903.21, 2903.211, 2903.22,
or | 664 |
2911.211 of the Revised Code that involved the same
person who is | 665 |
the
subject of the protection order or consent agreement, or | 666 |
previously has been
convicted
of or pleaded guilty to one or more | 667 |
violations of this section, violating a
protection order
is a | 668 |
felony of the fifth degree. | 669 |
(b) If the offender previously has been convicted of or | 675 |
pleaded
guilty to two or more violations of this section or of | 676 |
former section
2919.27 of the Revised Code involving a
protection | 677 |
order issued pursuant to section 2903.213 or 2903.214 of the | 678 |
Revised Code, two or more violations of section 2903.21,
2903.211, | 679 |
2903.22, or 2911.211 of the Revised Code that involved
the
same | 680 |
person who is the subject of the protection
order, or two or more | 681 |
violations of section 2903.214 of the Revised Code
as it existed | 682 |
prior to
July 1, 1996,
violating a protection order is a felony of | 683 |
the fifth degree. | 684 |
(D) As used in this
section, "protection order issued by a | 694 |
court of another state"
means an injunction or another order | 695 |
issued by a criminal
court of another state for the purpose of | 696 |
preventing violent or
threatening acts or harassment against, | 697 |
contact or communication
with, or physical proximity to another | 698 |
person, including a
temporary order, and means an injunction or | 699 |
order of that nature issued by a
civil court of another state, | 700 |
including a temporary order and a final order
issued in an | 701 |
independent action or as a pendente lite order in a proceeding
for | 702 |
other relief,
if the court issued it in response to a complaint, | 703 |
petition, or
motion filed by or on behalf of a person seeking | 704 |
protection.
"Protection order issued by a court of another state" | 705 |
does not
include an order for support or for custody of a child | 706 |
issued pursuant to the divorce and child custody laws of another | 707 |
state, except to the extent that the order for support or for | 708 |
custody of a child is entitled to full faith and credit under the | 709 |
laws of the United States. | 710 |
(d) Committing a violation of section 2903.01, 2903.02, | 721 |
2903.03, 2903.11, 2903.12, 2903.13, 2905.01, 2905.02, 2905.03, | 722 |
2907.02,
2907.03, 2907.04, 2907.05,
2907.06, 2909.02, 2909.03, | 723 |
2909.05,
2909.06, 2909.07, 2911.01, 2911.02, 2911.11, 2911.12, | 724 |
2911.13, or
2911.21
of the Revised Code involving a person who was | 725 |
a family or
household member at the time of the violation. | 726 |
(D)(1) If a person who files a petition pursuant to this | 768 |
section requests an ex parte order, the court shall hold an ex | 769 |
parte hearing on the same day that the petition is filed. The | 770 |
court, for good cause shown at the ex parte hearing, may enter
any | 771 |
temporary orders, with or without bond, including, but not
limited | 772 |
to, an order described in division (E)(1)(a), (b), or (c)
of this | 773 |
section, that the court finds necessary to protect the
family or | 774 |
household member from domestic violence. Immediate and
present | 775 |
danger of domestic violence to the family or household
member | 776 |
constitutes good cause for purposes of this section.
Immediate and | 777 |
present danger includes, but is not limited to,
situations in | 778 |
which the respondent has threatened the family or
household member | 779 |
with bodily harm or in which the respondent
previously has been | 780 |
convicted of or pleaded guilty to an
offense that constitutes | 781 |
domestic violence against the family or
household member. | 782 |
(2)(a) If the court, after an ex parte hearing, issues an | 783 |
order
described in division (E)(1)(b) or (c) of this section, the | 784 |
court
shall schedule a full hearing for a date that is within | 785 |
seven
court days after the ex parte hearing. If any other type of | 786 |
protection order that is authorized under division (E) of this | 787 |
section is issued by the court after an ex parte hearing, the | 788 |
court shall
schedule a full hearing for a date that is within ten | 789 |
court days after the ex parte hearing. The court shall give the | 790 |
respondent
notice of, and an
opportunity to be heard at, the full | 791 |
hearing. The court shall hold the
full hearing on the date | 792 |
scheduled under this division unless the court grants
a | 793 |
continuance of the hearing in accordance with this division.
Under | 794 |
any of
the following circumstances or for any of the
following | 795 |
reasons, the court may
grant a continuance of the full
hearing to | 796 |
a reasonable time determined by the
court: | 797 |
(b) Grant possession of the residence or household to the | 822 |
petitioner or other family or household member, to the exclusion | 823 |
of the respondent, by evicting the respondent, when the residence | 824 |
or household is owned or leased solely by the petitioner or other | 825 |
family or household member, or by ordering the respondent to | 826 |
vacate the premises, when the residence or household is jointly | 827 |
owned or leased by the respondent, and the petitioner or other | 828 |
family or household member; | 829 |
(c) When the respondent has a duty to support the
petitioner | 830 |
or other family or household member living in the
residence or | 831 |
household and the respondent is the sole owner or
lessee of the | 832 |
residence or household, grant possession of the
residence or | 833 |
household to the petitioner or other family or
household member, | 834 |
to the exclusion of the respondent, by ordering
the respondent to | 835 |
vacate the premises, or, in the case of a
consent agreement, allow | 836 |
the respondent to provide suitable,
alternative housing; | 837 |
(2) If a protection order has been issued pursuant to this | 857 |
section in a prior action involving the respondent and the | 858 |
petitioner or one or more of the family or household members, the | 859 |
court may include in a protection order that it issues a | 860 |
prohibition against the respondent returning to the residence or | 861 |
household. If it includes a prohibition against the
respondent | 862 |
returning to the residence or household
in the order, it also | 863 |
shall include in the order provisions
of the type described in | 864 |
division
(E)(7) of this section. This
division does not preclude | 865 |
the court from including in a
protection order or consent | 866 |
agreement, in circumstances other
than those described in this | 867 |
division, a requirement that the
respondent be evicted from or | 868 |
vacate the residence or household
or refrain from entering the | 869 |
residence, school, business, or
place of employment of the | 870 |
petitioner or a family or household
member, and, if the court | 871 |
includes any requirement of that type in an order
or agreement, | 872 |
the court also shall include in the order
provisions of the type | 873 |
described in division
(E)(7) of this section. | 874 |
(b) Subject to the limitation on the duration of an order or | 879 |
agreement set
forth in division (E)(3)(a) of this section, any | 880 |
order under
division (E)(1)(d) of this section shall terminate on | 881 |
the date that a court in
an action for divorce,
dissolution of | 882 |
marriage, or legal separation brought by the petitioner or | 883 |
respondent issues an order allocating parental rights and | 884 |
responsibilities for
the care of children or on the date that a | 885 |
juvenile court in an action brought
by the petitioner or | 886 |
respondent issues an order awarding legal custody of
minor | 887 |
children. Subject to the limitation on the duration of an order
or | 888 |
agreement set forth in division (E)(3)(a) of this section, any | 889 |
order under
division (E)(1)(e) of this section shall terminate on | 890 |
the date that a court in
an action for divorce, dissolution of | 891 |
marriage, or legal separation brought by
the petitioner or | 892 |
respondent issues a support order or on the date that a
juvenile | 893 |
court in an action brought by the petitioner or respondent issues | 894 |
a
support order. | 895 |
(d) After a full hearing at which the respondent presents | 915 |
evidence in support
of the request for a protection order and the | 916 |
petitioner is afforded an
opportunity to defend against that | 917 |
evidence, the court determines that the
petitioner has committed | 918 |
an act of domestic violence or has violated a
temporary protection | 919 |
order issued pursuant to section 2919.26 of the Revised
Code, that | 920 |
both the petitioner and the respondent acted primarily as | 921 |
aggressors, and that neither the petitioner nor the respondent | 922 |
acted primarily
in self-defense. | 923 |
(6)(a) If a petitioner, or the child of a petitioner, who | 927 |
obtains a
protection order or consent agreement pursuant to | 928 |
division (E)(1) of this
section or a temporary protection order | 929 |
pursuant to section
2919.26 of the Revised Code and is the subject | 930 |
of a parenting time order
issued pursuant to section 3109.051 or | 931 |
3109.12 of the Revised Code or a visitation or
companionship order | 932 |
issued pursuant to section 3109.051,
3109.11, or 3109.12 of the | 933 |
Revised Code or division (E)(1)(d) of this section
granting | 934 |
parenting time rights to
the respondent, the court
may require the | 935 |
public children services agency of the county in which the
court | 936 |
is located to provide supervision of the respondent's exercise of | 937 |
parenting time or visitation or companionship rights with respect | 938 |
to
the child for a period not
to exceed nine months, if the court | 939 |
makes the following findings
of fact: | 940 |
(7)(a) If a protection order issued or consent agreement | 949 |
approved
under this section includes a requirement that the | 950 |
respondent be
evicted from or vacate the residence or household or | 951 |
refrain
from entering the residence, school, business, or place of | 952 |
employment of the petitioner or a family or household member, the | 953 |
order or agreement shall state clearly that the order or
agreement | 954 |
cannot be waived or nullified by an invitation to the
respondent | 955 |
from the petitioner or other family or household
member to enter | 956 |
the residence, school, business, or place of
employment or by the | 957 |
respondent's entry into one of those places
otherwise upon the | 958 |
consent of the petitioner or other family or
household member. | 959 |
(b) Division (E)(7)(a) of this section
does not limit any | 960 |
discretion of a court to
determine that a respondent charged with | 961 |
a violation of
section 2919.27 of the Revised Code, with a | 962 |
violation of a
municipal ordinance substantially equivalent to | 963 |
that section, or
with contempt of court, which charge is based on | 964 |
an alleged
violation of a protection order issued or consent | 965 |
agreement approved under
this section, did not commit the | 966 |
violation or was not in contempt of
court. | 967 |
(3) Regardless of whether the petitioner has registered the | 981 |
order or
agreement in the county in which the officer's agency has | 982 |
jurisdiction
pursuant to division (N) of this section, any officer | 983 |
of a law enforcement
agency shall enforce
a protection order | 984 |
issued or consent agreement approved by any court in this
state in | 985 |
accordance with the
provisions of the order or agreement, | 986 |
including removing the
respondent from the premises, if | 987 |
appropriate. | 988 |
(G) Any proceeding under this section shall be conducted
in | 989 |
accordance with the Rules of Civil Procedure, except that an
order | 990 |
under this section may be obtained with or without bond.
An order | 991 |
issued under this section, other than an ex parte order, that | 992 |
grants a protection order or approves a consent agreement, or that | 993 |
refuses to
grant a protection order or approve a consent | 994 |
agreement, is a final,
appealable order. The remedies and | 995 |
procedures provided in this
section are in
addition to, and not in | 996 |
lieu of, any other available civil or
criminal remedies. | 997 |
(H) The filing of proceedings under this section does not | 998 |
excuse a person from filing any report or giving any notice | 999 |
required by section 2151.421 of the Revised Code or by any other | 1000 |
law. When a petition under this section alleges domestic
violence | 1001 |
against minor children, the court shall report the fact,
or cause | 1002 |
reports to be made, to a county, township, or municipal
peace | 1003 |
officer under section 2151.421 of the Revised Code. | 1004 |
(J) Notwithstanding any provision of law to the contrary
and | 1009 |
regardless of whether a protection order is
issued or a consent | 1010 |
agreement is approved by a court of another county or a court of | 1011 |
another state,
no
court
or unit of state or local government shall | 1012 |
charge
any fee, cost, deposit, or money in connection with
the | 1013 |
filing of a
petition pursuant
to this section
or in connection | 1014 |
with the
filing, issuance, registration, or service of a | 1015 |
protection order
or consent agreement, or for obtaining a | 1016 |
certified copy of a
protection order or consent agreement. | 1017 |
(2) If any person required to pay child support under an | 1021 |
order
made under this section on or after April 15, 1985, or | 1022 |
modified
under this section on or after December 31, 1986, is | 1023 |
found in
contempt of court for failure to make support payments | 1024 |
under the
order, the court that makes the finding, in addition to | 1025 |
any other
penalty or remedy imposed, shall assess all court costs | 1026 |
arising
out of the contempt proceeding against the person and | 1027 |
require the
person to pay any reasonable attorney's fees of any | 1028 |
adverse
party, as determined by the court, that arose in relation | 1029 |
to the
act of contempt. | 1030 |
(2) The punishment of a person for contempt of court for | 1038 |
violation of a protection order issued or a consent agreement | 1039 |
approved under this section does not bar criminal prosecution of | 1040 |
the person for a violation of section 2919.27 of the Revised
Code. | 1041 |
However, a person punished for contempt of court is
entitled to | 1042 |
credit for the punishment imposed upon conviction of
a violation | 1043 |
of that section, and a person convicted of a
violation of that | 1044 |
section shall not subsequently be punished for
contempt of court | 1045 |
arising out of the same activity. | 1046 |
(N)(1) A petitioner who obtains a protection order or
consent | 1049 |
agreement under
this section or a temporary protection
order under | 1050 |
section 2919.26 of the
Revised Code may provide notice
of the | 1051 |
issuance or approval of the order or
agreement to the
judicial and | 1052 |
law enforcement officials in any county other
than
the county in | 1053 |
which the order is issued or the agreement is
approved by | 1054 |
registering that order or agreement in the other
county pursuant | 1055 |
to division
(N)(2) of this section and filing a
copy of the | 1056 |
registered order or registered
agreement with a law
enforcement | 1057 |
agency in the other county in accordance with
that
division. A | 1058 |
person who obtains a protection order issued by a
court
of another | 1059 |
state may provide notice of the issuance of the
order to the | 1060 |
judicial and law enforcement officials in any county
of this state | 1061 |
by
registering the order in that county pursuant to
section | 1062 |
2919.272 of the
Revised Code and filing a copy of the
registered | 1063 |
order with a law enforcement
agency in that county. | 1064 |