As Introduced

125th General Assembly
Regular Session
2003-2004
S. B. No. 50


Senators Schuring, Stivers, Austria, Schuler, Coughlin, Fedor, Miller, Brady, Jacobson, Goodman, Harris 


A BILL
To amend sections 109.42, 2919.25, 2919.251, 2919.26, 1
2919.27, and 3113.31 of the Revised Code to 2
enhance the penalty for domestic violence for 3
certain repeat offenders, to expand the authority 4
for the issuance of a criminal domestic violence 5
temporary protection order, to make other changes 6
regarding criminal domestic violence temporary 7
protection orders, civil domestic violence 8
protection orders or consent agreements, and 9
victims' bill of rights, and to enhance the 10
penalty for violating a protection order while 11
committing a felony offense.12


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

       Section 1. That sections 109.42, 2919.25, 2919.251, 2919.26, 13
2919.27, and 3113.31 of the Revised Code be amended to read as 14
follows:15

       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 of19
rights. The attorney general shall distribute the pamphlet to all20
sheriffs, marshals, municipal corporation and township police21
departments, constables, and other law enforcement agencies, to22
all prosecuting attorneys, city directors of law, village23
solicitors, and other similar chief legal officers of municipal24
corporations, and to organizations that represent or provide25
services for victims of crime. The victim's bill of rights set26
forth in the pamphlet shall contain a description of all of the27
rights of victims that are provided for in Chapter 2930. or in any28
other section of the Revised Code and shall include, but not be29
limited to, all of the following:30

       (1) The right of a victim or a victim's representative to31
attend a proceeding before a grand jury, in a juvenile case, or in32
a criminal case pursuant to a subpoena without being discharged33
from the victim's or representative's employment, having the34
victim's or representative's employment terminated, having the35
victim's or representative's pay decreased or withheld, or36
otherwise being punished, penalized, or threatened as a result of37
time lost from regular employment because of the victim's or38
representative's attendance at the proceeding pursuant to the39
subpoena, as set forth in section 2151.211, 2930.18, 2939.121, or40
2945.451 of the Revised Code;41

       (2) The potential availability pursuant to section 2151.35942
or 2152.61 of the Revised Code of a forfeited recognizance to pay43
damages caused by a child when the delinquency of the child or44
child's violation of probation or community control is found to be45
proximately caused by the failure of the child's parent or46
guardian to subject the child to reasonable parental authority or47
to faithfully discharge the conditions of probation or community48
control;49

       (3) The availability of awards of reparations pursuant to50
sections 2743.51 to 2743.72 of the Revised Code for injuries51
caused by criminal offenses;52

       (4) The right of the victim in certain criminal or juvenile53
cases or a victim's representative to receive, pursuant to section54
2930.06 of the Revised Code, notice of the date, time, and place55
of the trial or delinquency proceeding in the case or, if there56
will not be a trial or delinquency proceeding, information from57
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 juvenile60
cases or a victim's representative to receive, pursuant to section61
2930.04, 2930.05, or 2930.06 of the Revised Code, notice of the62
name of the person charged with the violation, the case or docket63
number assigned to the charge, and a telephone number or numbers64
that can be called to obtain information about the disposition of65
the case;66

       (6) The right of the victim in certain criminal or juvenile67
cases or of the victim's representative pursuant to section68
2930.13 or 2930.14 of the Revised Code, subject to any reasonable69
terms set by the court as authorized under section 2930.14 of the70
Revised Code, to make a statement about the victimization and, if71
applicable, a statement relative to the sentencing or disposition72
of the offender;73

       (7) The opportunity to obtain a court order, pursuant to74
section 2945.04 of the Revised Code, to prevent or stop the75
commission of the offense of intimidation of a crime victim or76
witness or an offense against the person or property of the77
complainant, or of the complainant's ward or child;78

       (8) The right of the victim in certain criminal or juvenile79
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 to81
receive notice of a pending motion for judicial release or early82
release of the person who committed the offense against the83
victim, to make an oral or written statement at the court hearing84
on the motion, and to be notified of the court's decision on the85
motion;86

       (9) The right of the victim in certain criminal or juvenile87
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 notice89
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 offense92
against the victim or any application for release of that person93
and to send a written statement relative to the victimization and94
the pending action to the adult parole authority or the release95
authority of the department of youth services;96

       (10) The right of the victim to bring a civil action pursuant 97
to sections 2969.01 to 2969.06 of the Revised Code to obtain money 98
from the offender's profit fund;99

       (11) The right, pursuant to section 3109.09 of the Revised100
Code, to maintain a civil action to recover compensatory damages101
not exceeding ten thousand dollars and costs from the parent of a102
minor who willfully damages property through the commission of an103
act that would be a theft offense, as defined in section 2913.01104
of the Revised Code, if committed by an adult;105

       (12) The right, pursuant to section 3109.10 of the Revised106
Code, to maintain a civil action to recover compensatory damages107
not exceeding ten thousand dollars and costs from the parent of a108
minor who willfully and maliciously assaults a person;109

       (13) The possibility of receiving restitution from an110
offender or a delinquent child pursuant to section 2152.20,111
2929.18, or 2929.21 of the Revised Code;112

       (14) The right of the victim in certain criminal or juvenile113
cases or a victim's representative, pursuant to section 2930.16 of114
the Revised Code, to receive notice of the escape from confinement115
or custody of the person who committed the offense, to receive116
that notice from the custodial agency of the person at the117
victim's last address or telephone number provided to the118
custodial agency, and to receive notice that, if either the119
victim's address or telephone number changes, it is in the120
victim's interest to provide the new address or telephone number121
to the custodial agency;122

       (15) The right of a victim of domestic violence to seek the123
issuance of a temporary protection order pursuant to section124
2919.26 of the Revised Code, to seek the issuance of a civil125
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 victims131
to be accompanied by a victim advocate during court proceedings;132

       (16) The right of a victim of a sexually oriented offense133
that is committed by a person who is adjudicated as being a sexual134
predator or, in certain cases, by a person who is determined to be135
a habitual sex offender to receive, pursuant to section 2950.10 of136
the Revised Code, notice that the person has registered with a137
sheriff under section 2950.04 or 2950.05 of the Revised Code and138
notice of the person's name and residence address or addresses,139
and a summary of the manner in which the victim must make a140
request to receive the notice. As used in this division, "sexually141
oriented offense," "adjudicated as being a sexual predator," and142
"habitual sex offender" have the same meanings as in section143
2950.01 of the Revised Code.144

       (17) The right of a victim of certain sexually violent145
offenses committed by a sexually violent predator who is sentenced146
to a prison term pursuant to division (A)(3) of section 2971.03 of147
the Revised Code to receive, pursuant to section 2930.16 of the148
Revised Code, notice of a hearing to determine whether to modify149
the requirement that the offender serve the entire prison term in150
a state correctional facility, whether to continue, revise, or151
revoke any existing modification of that requirement, or whether152
to terminate the prison term. As used in this division, "sexually153
violent offense" and "sexually violent predator" have the same154
meanings as in section 2971.01 of the Revised Code.155

       (B)(1)(a) Subject to division (B)(1)(c) of this section, a156
prosecuting attorney, assistant prosecuting attorney, city157
director of law, assistant city director of law, village158
solicitor, assistant village solicitor, or similar chief legal159
officer of a municipal corporation or an assistant of any of those160
officers who prosecutes an offense committed in this state, upon161
first contact with the victim of the offense, the victim's family,162
or the victim's dependents, shall give the victim, the victim's163
family, or the victim's dependents a copy of the pamphlet prepared164
pursuant to division (A) of this section and explain, upon165
request, the information in the pamphlet to the victim, the166
victim's family, or the victim's dependents.167

       (b) Subject to division (B)(1)(c) of this section, a law168
enforcement agency that investigates an offense or delinquent act169
committed in this state shall give the victim of the offense or170
delinquent act, the victim's family, or the victim's dependents a171
copy of the pamphlet prepared pursuant to division (A) of this172
section at one of the following times:173

       (i) Upon first contact with the victim, the victim's family,174
or the victim's dependents;175

       (ii) If the offense or delinquent act is an offense of176
violence, if the circumstances of the offense or delinquent act177
and the condition of the victim, the victim's family, or the178
victim's dependents indicate that the victim, the victim's family,179
or the victim's dependents will not be able to understand the180
significance of the pamphlet upon first contact with the agency,181
and if the agency anticipates that it will have an additional182
contact with the victim, the victim's family, or the victim's183
dependents, upon the agency's second contact with the victim, the184
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 first187
contact with them and does not have a second contact with the188
victim, the victim's family, or the victim's dependents, the189
agency shall mail a copy of the pamphlet to the victim, the190
victim's family, or the victim's dependents at their last known191
address.192

       (c) In complying on and after December 9, 1994, with the193
duties imposed by division (B)(1)(a) or (b) of this section, an194
official or a law enforcement agency shall use copies of the195
pamphlet that are in the official's or agency's possession on196
December 9, 1994, until the official or agency has distributed all197
of those copies. After the official or agency has distributed all198
of those copies, the official or agency shall use only copies of199
the pamphlet that contain at least the information described in200
divisiondivisions (A)(1) to (17) of this section.201

       (2) The failure of a law enforcement agency or of a202
prosecuting attorney, assistant prosecuting attorney, city203
director of law, assistant city director of law, village204
solicitor, assistant village solicitor, or similar chief legal205
officer of a municipal corporation or an assistant to any of those206
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 prepared209
pursuant to division (A) of this section does not give the victim,210
the victim's family, the victim's dependents, or a victim's211
representative any rights under section 122.95, 2743.51 to212
2743.72, 2945.04, 2967.12, 2969.01 to 2969.06, 3109.09, or 3109.10213
of the Revised Code or under any other provision of the Revised214
Code and does not affect any right under those sections.215

       (3) A law enforcement agency, a prosecuting attorney or216
assistant prosecuting attorney, or a city director of law,217
assistant city director of law, village solicitor, assistant218
village solicitor, or similar chief legal officer of a municipal219
corporation that distributes a copy of the pamphlet prepared220
pursuant to division (A) of this section shall not be required to221
distribute a copy of an information card or other printed material222
provided by the clerk of the court of claims pursuant to section223
2743.71 of the Revised Code.224

       (C) The cost of printing and distributing the pamphlet225
prepared pursuant to division (A) of this section shall be paid226
out of the reparations fund, created pursuant to section 2743.191227
of the Revised Code, in accordance with division (D) of that228
section.229

       (D) As used in this section:230

       (1) "Victim's representative" has the same meaning as in231
section 2930.01 of the Revised Code;232

       (2) "Victim advocate" has the same meaning as in section233
2919.26 of the Revised Code.234

       Sec. 2919.25.  (A) No person shall knowingly cause or attempt 235
to cause physical harm to a family or household member.236

       (B) No person shall recklessly cause serious physical harm to 237
a family or household member.238

       (C) No person, by threat of force, shall knowingly cause a239
family or household member to believe that the offender will cause240
imminent physical harm to the family or household member.241

       (D)(1) Whoever violates this section is guilty of domestic242
violence. Except243

       (2) Except as otherwise provided in division (D)(3) or (4) of244
this divisionsection, a violation of division (C) of this section 245
is a misdemeanor of the fourth degree, and a violation of division 246
(A) or (B) of this section is a misdemeanor of the first degree. 247
If248

       (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

       (4) If the offender previously has pleaded guilty to or been 275
convicted of two or more offenses of domestic violence or two or 276
more violations of the type described in division (D)(3) of this 277
section involving a person who was a family or household member at 278
the time of the violations, a violation of division (A) or (B) of 279
this section is a felony of the third degree.280

       (E) Notwithstanding any provision of law to the contrary, no281
court or unit of state or local government shall charge any fee,282
cost, deposit, or money in connection with the filing of charges283
against a person alleging that the person violated this section or284
a municipal ordinance substantially similar to this section or in285
connection with the prosecution of any charges so filed.286

       (F) As used in this section and sections 2919.251 and 2919.26287
of the Revised Code:288

       (1) "Family or household member" means any of the following:289

       (a) Any of the following who is residing or has resided with290
the offender:291

       (i) A spouse, a person living as a spouse, or a former spouse 292
of the offender;293

       (ii) A parent or a child of the offender, or another person294
related by consanguinity or affinity to the offender;295

       (iii) A parent or a child of a spouse, person living as a296
spouse, or former spouse of the offender, or another person297
related by consanguinity or affinity to a spouse, person living as298
a spouse, or former spouse of the offender.299

       (b) The natural parent of any child of whom the offender is300
the other natural parent or is the putative other natural parent.301

       (2) "Person living as a spouse" means a person who is living302
or has lived with the offender in a common law marital303
relationship, who otherwise is cohabiting with the offender, or304
who otherwise has cohabited with the offender within five years305
prior to the date of the alleged commission of the act in306
question.307

       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 violationoffense317
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

       (1) Whether the person has a history of domestic violence or 336
a history of other violent acts;337

       (2) The mental health of the person;338

       (3) Whether the person has a history of violating the orders 339
of any court or governmental entity;340

       (4) Whether the person is potentially a threat to any other 341
person;342

       (5) Whether setting bail at a high level will interfere with 343
any treatment or counseling that the person or the family of the 344
person is undergoing.345

       (B) Any court that has jurisdiction over violations of346
section 2919.25 of the Revised Code, violations of a municipal347
ordinance that is substantially similar to that section,348
violations of section 2903.13, 2903.211, or 2911.211 of the349
Revised Code that involveinvolving persons who are family or 350
household members at the time of the violation, or violations of a351
municipal ordinance that is substantially similar to section 352
2903.13, 2903.211, or 2911.211 of the Revised Code that involve353
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 that361
alleges a violation of section 2919.25 of the Revised Code, a362
violation of a municipal ordinance substantially similar to that363
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 temporary376
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 the380
complaint.381

       (2) For purposes of section 2930.09 of the Revised Code, all382
stages of a proceeding arising out of a violation specified383
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

       (B) The motion shall be prepared on a form that is provided390
by the clerk of the court, which form shall be substantially as391
follows:392

"MOTION FOR TEMPORARY PROTECTION ORDER
393

.......................... Court
394

Name and address of court
395

State of Ohio396

v. No. .......... 397

.................398

Name of Defendant399

(name of person), moves the court to issue a temporary protection400
order containing terms designed to ensure the safety and401
protection of the complainant, alleged victim, and other family or402
household members, in relation to the named defendant, pursuant to403
its authority to issue such an order under section 2919.26 of the404
Revised Code.405

       A complaint, a copy of which has been attached to this406
motion, has been filed in this court charging the named defendant407
with at least one of the following violations of section 2919.25408
of the Revised Code that constitutes "domestic violence" or a409
municipal ordinance that is substantially similar to that section:410
knowingly causing or attempting to cause physical harm to a family411
or household member; recklessly causing serious physical harm to a412
family or household member; or, by threat of force, knowingly413
causing a family or household member to believe that the named414
defendant would cause imminent physical harm to that family or415
household member; charging the named defendant with felonious416
assault, aggravated assault, or assault that involved a family or417
household member in violation of section 2903.11, 2903.12, or418
2903.13 of the Revised Code; charging the named defendant with419
menacing by stalking or aggravated trespass that involves420
.......................... (name of the offense of violence) 421
involving a family or household member in violation of (section422
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 2911.211426
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 time429
set by the court within twenty-four hours after the filing of this430
motion, for a hearing on the motion or that, if I am unable to431
appear because of hospitalization or a medical condition resulting432
from the offense alleged in the complaint, a person who can433
provide information about my need for a temporary protection order434
must appear before the court in lieu of my appearing in court. I435
understand that any temporary protection order granted pursuant to436
this motion is a pretrial condition of release and is effective437
only until the disposition of the criminal proceeding arising out438
of the attached complaint, or the issuance of a civil protection439
order or the approval of a consent agreement, arising out of the440
same activities as those that were the basis of the complaint,441
under section 3113.31 of the Revised Code.442

..........................................443

Signature of person444

(or signature of the arresting officer who filed the motion on445
behalf of the alleged victim)446

..........................................447

Address of person (or office address of the arresting officer who448
filed the motion on behalf of the alleged victim)"449

       (C)(1) As soon as possible after the filing of a motion that450
requests the issuance of a temporary protection order, but not451
later than twenty-four hours after the filing of the motion, the452
court shall conduct a hearing to determine whether to issue the453
order. The person who requested the order shall appear before the454
court and provide the court with the information that it requests455
concerning the basis of the motion. If the person who requested456
the order is unable to appear and if the court finds that the457
failure to appear is because of the person's hospitalization or458
medical condition resulting from the offense alleged in the459
complaint, another person who is able to provide the court with460
the information it requests may appear in lieu of the person who461
requested the order. If the court finds that the safety and462
protection of the complainant, alleged victim, or any other family463
or household member of the alleged offender may be impaired by the464
continued presence of the alleged offender, the court may issue a465
temporary protection order, as a pretrial condition of release,466
that contains terms designed to ensure the safety and protection467
of the complainant, alleged victim, or the family or household468
member, including a requirement that the alleged offender refrain469
from entering the residence, school, business, or place of470
employment of the complainant, alleged victim, or the family or471
household member.472

       (2)(a) If the court issues a temporary protection order that473
includes a requirement that the alleged offender refrain from474
entering the residence, school, business, or place of employment475
of the complainant, the alleged victim, or the family or household476
member, the order shall state clearly that the order cannot be477
waived or nullified by an invitation to the alleged offender from478
the complainant, alleged victim, or family or household member to479
enter the residence, school, business, or place of employment or480
by the alleged offender's entry into one of those places otherwise481
upon the consent of the complainant, alleged victim, or family or482
household member.483

       (b) Division (C)(2)(a) of this section does not limit any484
discretion of a court to determine that an alleged offender485
charged with a violation of section 2919.27 of the Revised Code,486
with a violation of a municipal ordinance substantially equivalent487
to that section, or with contempt of court, which charge is based488
on an alleged violation of a temporary protection order issued489
under this section, did not commit the violation or was not in490
contempt of court.491

       (D)(1) Upon the filing of a complaint that alleges a492
violation of section 2919.25 of the Revised Code, a violation of a493
municipal ordinance that is substantially similar to that section,494
a violation of section 2903.11, 2903.12, 2903.13, 2903.211, or495
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 a502
temporary protection order as a pretrial condition of release if503
it finds that the safety and protection of the complainant,504
alleged victim, or other family or household member of the alleged505
offender may be impaired by the continued presence of the alleged506
offender.507

       (2) If the court issues a temporary protection order under508
this section as an ex parte order, it shall conduct, as soon as509
possible after the issuance of the order, a hearing in the510
presence of the alleged offender not later than the next day on511
which the court is scheduled to conduct business after the day on512
which the alleged offender was arrested or at the time of the513
appearance of the alleged offender pursuant to summons to514
determine whether the order should remain in effect, be modified,515
or be revoked. The hearing shall be conducted under the standards516
set forth in division (C) of this section.517

       (3) An order issued under this section shall contain only518
those terms authorized in orders issued under division (C) of this519
section.520

       (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 as525
those that were the basis of the complaint upon which the order is526
based, notwithstanding the fact that the order was issued by a527
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 the529
charges against the alleged offender are pending in the court of530
common pleas, for the period of time described in division (E)(2)531
of this section, and the court of common pleas has exclusive532
jurisdiction to modify the order issued by the municipal court or533
county court. This division applies when the alleged offender is534
bound over to the court of common pleas as a result of the person535
waiving a preliminary hearing on the felony charge, as a result of536
the municipal court or county court having determined at a537
preliminary hearing that there is probable cause to believe that538
the felony has been committed and that the alleged offender539
committed it, as a result of the alleged offender having been540
indicted for the felony, or in any other manner.541

       (E) A temporary protection order that is issued as a pretrial 542
condition of release under this section:543

       (1) Is in addition to, but shall not be construed as a part544
of, any bail set under Criminal Rule 46;545

       (2) Is effective only until the occurrence of either of the546
following:547

       (a) The disposition, by the court that issued the order or,548
in the circumstances described in division (D)(4) of this section,549
by the court of common pleas to which the alleged offender is550
bound over for prosecution, of the criminal proceeding arising out551
of the complaint upon which the order is based;552

       (b) The issuance of a protection order or the approval of a553
consent agreement, arising out of the same activities as those554
that were the basis of the complaint upon which the order is555
based, under section 3113.31 of the Revised Code;556

       (3) Shall not be construed as a finding that the alleged557
offender committed the alleged offense, and shall not be558
introduced as evidence of the commission of the offense at the559
trial of the alleged offender on the complaint upon which the560
order is based.561

       (F) A person who meets the criteria for bail under Criminal562
Rule 46 and who, if required to do so pursuant to that rule,563
executes or posts bond or deposits cash or securities as bail,564
shall not be held in custody pending a hearing before the court on565
a motion requesting a temporary protection order.566

       (G)(1) A copy of any temporary protection order that is567
issued under this section shall be issued by the court to the568
complainant, to the alleged victim, to the person who requested569
the order, to the defendant, and to all law enforcement agencies570
that have jurisdiction to enforce the order. The court shall571
direct that a copy of the order be delivered to the defendant on572
the same day that the order is entered. If a municipal court or a573
county court issues a temporary protection order under this574
section and if, subsequent to the issuance of the order, the575
defendant who is the subject of the order is bound over to the576
court of common pleas for prosecution as described in division577
(D)(4) of this section, the municipal court or county court shall578
direct that a copy of the order be delivered to the court of579
common pleas to which the defendant is bound over.580

       (2) All law enforcement agencies shall establish and maintain 581
an index for the temporary protection orders delivered to the 582
agencies pursuant to division (G)(1) of this section. With respect 583
to each order delivered, each agency shall note on the index, the 584
date and time of the receipt of the order by the agency.585

       (3) A complainant, alleged victim, or other person who586
obtains a temporary protection order under this section may587
provide notice of the issuance of the temporary protection order588
to the judicial and law enforcement officials in any county other589
than the county in which the order is issued by registering that590
order in the other county in accordance with division (N) of591
section 3113.31 of the Revised Code and filing a copy of the592
registered protection order with a law enforcement agency in the593
other county in accordance with that division.594

       (4) Any officer of a law enforcement agency shall enforce a595
temporary protection order issued by any court in this state in596
accordance with the provisions of the order, including removing597
the defendant from the premises, regardless of whether the order598
is registered in the county in which the officer's agency has599
jurisdiction as authorized by division (G)(3) of this section.600

       (H) Upon a violation of a temporary protection order, the601
court may issue another temporary protection order, as a pretrial602
condition of release, that modifies the terms of the order that603
was violated.604

       (I)(1) As used in divisions (I)(1) and (2) of this section,605
"defendant" means a person who is alleged in a complaint to have606
committed a violation of the typean offense of violence described 607
in division (A) of this section.608

       (2) If a complaint is filed that alleges that a person609
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

       (a) The defendant has filed a separate complaint that alleges 618
that the complainant, alleged victim, or other family or household 619
member in question who would be required under the order to do or 620
refrain from doing the act committed a violation of the typean 621
offense of violence described in division (A) of this section.622

       (b) The court determines that both the complainant, alleged623
victim, or other family or household member in question who would624
be required under the order to do or refrain from doing the act625
and the defendant acted primarily as aggressors, that neither the626
complainant, alleged victim, or other family or household member627
in question who would be required under the order to do or refrain628
from doing the act nor the defendant acted primarily in629
self-defense, and, in accordance with the standards and criteria630
of this section as applied in relation to the separate complaint631
filed by the defendant, that it should issue the order to require632
the complainant, alleged victim, or other family or household633
member in question to do or refrain from doing the act.634

       (J) Notwithstanding any provision of law to the contrary and635
regardless of whether a protection order is issued or a consent636
agreement is approved by a court of another county or a court of637
another state, no court or unit of state or local government shall638
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

       (K) As used in this section, "victim advocate" means a person 644
who provides support and assistance for a victim of an offense 645
during court proceedings.646

       Sec. 2919.27.  (A) No person shall recklessly violate the647
terms of any of the following:648

       (1) A protection order issued or consent agreement approved649
pursuant to section 2919.26 or 3113.31 of the Revised Code;650

       (2) A protection order issued pursuant to section 2903.213 or 651
2903.214 of the Revised Code;652

       (3) A protection order issued by a court of another state.653

       (B)(1) Whoever violates this section is guilty of violating a654
protection order.655

       (1) If the offense involves a violation of division (A)(1) or656
(3) of this section, one of the following applies:657

       (a)(2) Except as otherwise provided in division (B)(1)(b)(3) 658
or (4) of this section, violating a protection order is a 659
misdemeanor of the first degree.660

       (b)(3) If the offender previously has been convicted of or661
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, or664
2911.211 of the Revised Code that involved the same person who is665
the subject of the protection order or consent agreement, or666
previously has been convicted of or pleaded guilty to one or more667
violations of this section, violating a protection order is a668
felony of the fifth degree.669

       (2) If the offense involves a violation of division (A)(2) of 670
this section, one of the following applies:671

       (a) Except as otherwise provided in division (B)(2)(b) of672
this section, violating a protection order is a misdemeanor of the673
first degree.674

       (b) If the offender previously has been convicted of or675
pleaded guilty to two or more violations of this section or of676
former section 2919.27 of the Revised Code involving a protection677
order issued pursuant to section 2903.213 or 2903.214 of the678
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 same680
person who is the subject of the protection order, or two or more681
violations of section 2903.214 of the Revised Code as it existed682
prior to July 1, 1996, violating a protection order is a felony of683
the fifth degree.684

       (4) If the offender violates a protection order or consent 685
agreement while committing a felony offense, violating a 686
protection order is a felony of the third degree.687

       (C) It is an affirmative defense to a charge under division688
(A)(3) of this section that the protection order issued by a court689
of another state does not comply with the requirements specified690
in 18 U.S.C. 2265(b) for a protection order that must be accorded691
full faith and credit by a court of this state or that it is not692
entitled to full faith and credit under 18 U.S.C. 2265(c).693

       (D) As used in this section, "protection order issued by a694
court of another state" means an injunction or another order695
issued by a criminal court of another state for the purpose of696
preventing violent or threatening acts or harassment against,697
contact or communication with, or physical proximity to another698
person, including a temporary order, and means an injunction or699
order of that nature issued by a civil court of another state,700
including a temporary order and a final order issued in an701
independent action or as a pendente lite order in a proceeding for702
other relief, if the court issued it in response to a complaint,703
petition, or motion filed by or on behalf of a person seeking704
protection. "Protection order issued by a court of another state"705
does not include an order for support or for custody of a child706
issued pursuant to the divorce and child custody laws of another707
state, except to the extent that the order for support or for708
custody of a child is entitled to full faith and credit under the709
laws of the United States.710

       Sec. 3113.31.  (A) As used in this section:711

       (1) "Domestic violence" means the occurrence of one or more712
of the following acts against a family or household member:713

       (a) Attempting to cause or recklessly causing bodily injury;714

       (b) Placing another person by the threat of force in fear of715
imminent serious physical harm or committing a violation of716
section 2903.211 or 2911.211 of the Revised Code;717

       (c) Committing any act with respect to a child that would718
result in the child being an abused child, as defined in section719
2151.031 of the Revised Code;720

       (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

       (2) "Court" means the domestic relations division of the727
court of common pleas in counties that have a domestic relations728
division, and the court of common pleas in counties that do not729
have a domestic relations division.730

       (3) "Family or household member" means any of the following:731

       (a) Any of the following who is residing with or has resided732
with the respondent:733

       (i) A spouse, a person living as a spouse, or a former spouse 734
of the respondent;735

       (ii) A parent or a child of the respondent, or another person 736
related by consanguinity or affinity to the respondent;737

       (iii) A parent or a child of a spouse, person living as a738
spouse, or former spouse of the respondent, or another person739
related by consanguinity or affinity to a spouse, person living as740
a spouse, or former spouse of the respondent.741

       (b) The natural parent of any child of whom the respondent is 742
the other natural parent or is the putative other natural parent.743

       (4) "Person living as a spouse" means a person who is living744
or has lived with the respondent in a common law marital745
relationship, who otherwise is cohabiting with the respondent, or746
who otherwise has cohabited with the respondent within five years747
prior to the date of the alleged occurrence of the act in748
question.749

       (5) "Victim advocate" means a person who provides support and 750
assistance for a person who files a petition under this section.751

       (B) The court has jurisdiction over all proceedings under752
this section. The petitioner's right to relief under this section753
is not affected by the petitioner's leaving the residence or754
household to avoid further domestic violence.755

       (C) A person may seek relief under this section on the756
person's own behalf, or any parent or adult household member may757
seek relief under this section on behalf of any other family or758
household member, by filing a petition with the court. The759
petition shall contain or state:760

       (1) An allegation that the respondent engaged in domestic761
violence against a family or household member of the respondent,762
including a description of the nature and extent of the domestic763
violence;764

       (2) The relationship of the respondent to the petitioner, and 765
to the victim if other than the petitioner;766

       (3) A request for relief under this section.767

       (D)(1) If a person who files a petition pursuant to this768
section requests an ex parte order, the court shall hold an ex769
parte hearing on the same day that the petition is filed. The770
court, for good cause shown at the ex parte hearing, may enter any771
temporary orders, with or without bond, including, but not limited772
to, an order described in division (E)(1)(a), (b), or (c) of this773
section, that the court finds necessary to protect the family or774
household member from domestic violence. Immediate and present775
danger of domestic violence to the family or household member776
constitutes good cause for purposes of this section. Immediate and777
present danger includes, but is not limited to, situations in778
which the respondent has threatened the family or household member779
with bodily harm or in which the respondent previously has been780
convicted of or pleaded guilty to an offense that constitutes781
domestic violence against the family or household member.782

       (2)(a) If the court, after an ex parte hearing, issues an783
order described in division (E)(1)(b) or (c) of this section, the784
court shall schedule a full hearing for a date that is within785
seven court days after the ex parte hearing. If any other type of786
protection order that is authorized under division (E) of this787
section is issued by the court after an ex parte hearing, the788
court shall schedule a full hearing for a date that is within ten789
court days after the ex parte hearing. The court shall give the790
respondent notice of, and an opportunity to be heard at, the full791
hearing. The court shall hold the full hearing on the date792
scheduled under this division unless the court grants a793
continuance of the hearing in accordance with this division. Under794
any of the following circumstances or for any of the following795
reasons, the court may grant a continuance of the full hearing to796
a reasonable time determined by the court:797

       (i) Prior to the date scheduled for the full hearing under798
this division, the respondent has not been served with the799
petition filed pursuant to this section and notice of the full800
hearing.801

       (ii) The parties consent to the continuance.802

       (iii) The continuance is needed to allow a party to obtain803
counsel.804

       (iv) The continuance is needed for other good cause.805

       (b) An ex parte order issued under this section does not806
expire because of a failure to serve notice of the full hearing807
upon the respondent before the date set for the full hearing under808
division (D)(2)(a) of this section or because the court grants a809
continuance under that division.810

       (3) If a person who files a petition pursuant to this section811
does not request an ex parte order, or if a person requests an ex812
parte order but the court does not issue an ex parte order after813
an ex parte hearing, the court shall proceed as in a normal civil814
action and grant a full hearing on the matter.815

       (E)(1) After an ex parte or full hearing, the court may grant 816
any protection order, with or without bond, or approve any consent 817
agreement to bring about a cessation of domestic violence against 818
the family or household members. The order or agreement may:819

       (a) Direct the respondent to refrain from abusing the family820
or household members;821

       (b) Grant possession of the residence or household to the822
petitioner or other family or household member, to the exclusion823
of the respondent, by evicting the respondent, when the residence824
or household is owned or leased solely by the petitioner or other825
family or household member, or by ordering the respondent to826
vacate the premises, when the residence or household is jointly827
owned or leased by the respondent, and the petitioner or other828
family or household member;829

       (c) When the respondent has a duty to support the petitioner830
or other family or household member living in the residence or831
household and the respondent is the sole owner or lessee of the832
residence or household, grant possession of the residence or833
household to the petitioner or other family or household member,834
to the exclusion of the respondent, by ordering the respondent to835
vacate the premises, or, in the case of a consent agreement, allow836
the respondent to provide suitable, alternative housing;837

       (d) Temporarily allocate parental rights and responsibilities 838
for the care of, or establish temporary parenting time rights with 839
regard to, minor children, if no other court has determined, or is 840
determining, the allocation of parental rights and841
responsibilities for the minor children or parenting time rights;842

       (e) Require the respondent to maintain support, if the843
respondent customarily provides for or contributes to the support844
of the family or household member, or if the respondent has a duty845
to support the petitioner or family or household member;846

       (f) Require the respondent, petitioner, victim of domestic847
violence, or any combination of those persons, to seek counseling;848

       (g) Require the respondent to refrain from entering the849
residence, school, business, or place of employment of the850
petitioner or family or household member;851

       (h) Grant other relief that the court considers equitable and 852
fair, including, but not limited to, ordering the respondent to 853
permit the use of a motor vehicle by the petitioner or other854
family or household member and the apportionment of household and855
family personal property.856

       (2) If a protection order has been issued pursuant to this857
section in a prior action involving the respondent and the858
petitioner or one or more of the family or household members, the859
court may include in a protection order that it issues a860
prohibition against the respondent returning to the residence or861
household. If it includes a prohibition against the respondent862
returning to the residence or household in the order, it also863
shall include in the order provisions of the type described in864
division (E)(7) of this section. This division does not preclude865
the court from including in a protection order or consent866
agreement, in circumstances other than those described in this867
division, a requirement that the respondent be evicted from or868
vacate the residence or household or refrain from entering the869
residence, school, business, or place of employment of the870
petitioner or a family or household member, and, if the court871
includes any requirement of that type in an order or agreement,872
the court also shall include in the order provisions of the type873
described in division (E)(7) of this section.874

       (3)(a) Any protection order issued or consent agreement875
approved under this section shall be valid until a date certain,876
but not later than five years from the date of its issuance or877
approval.878

       (b) Subject to the limitation on the duration of an order or879
agreement set forth in division (E)(3)(a) of this section, any880
order under division (E)(1)(d) of this section shall terminate on881
the date that a court in an action for divorce, dissolution of882
marriage, or legal separation brought by the petitioner or883
respondent issues an order allocating parental rights and884
responsibilities for the care of children or on the date that a885
juvenile court in an action brought by the petitioner or886
respondent issues an order awarding legal custody of minor887
children. Subject to the limitation on the duration of an order or888
agreement set forth in division (E)(3)(a) of this section, any889
order under division (E)(1)(e) of this section shall terminate on890
the date that a court in an action for divorce, dissolution of891
marriage, or legal separation brought by the petitioner or892
respondent issues a support order or on the date that a juvenile893
court in an action brought by the petitioner or respondent issues894
a support order.895

       (c) Any protection order issued or consent agreement approved 896
pursuant to this section may be renewed in the same manner as the 897
original order or agreement was issued or approved.898

       (4) A court may not issue a protection order that requires a899
petitioner to do or to refrain from doing an act that the court900
may require a respondent to do or to refrain from doing under901
division (E)(1)(a), (b), (c), (d), (e), (g), or (h) of this902
section unless all of the following apply:903

       (a) The respondent files a separate petition for a protection 904
order in accordance with this section.905

       (b) The petitioner is served notice of the respondent's906
petition at least forty-eight hours before the court holds a907
hearing with respect to the respondent's petition, or the908
petitioner waives the right to receive this notice.909

       (c) If the petitioner has requested an ex parte order910
pursuant to division (D) of this section, the court does not delay911
any hearing required by that division beyond the time specified in912
that division in order to consolidate the hearing with a hearing913
on the petition filed by the respondent.914

       (d) After a full hearing at which the respondent presents915
evidence in support of the request for a protection order and the916
petitioner is afforded an opportunity to defend against that917
evidence, the court determines that the petitioner has committed918
an act of domestic violence or has violated a temporary protection919
order issued pursuant to section 2919.26 of the Revised Code, that920
both the petitioner and the respondent acted primarily as921
aggressors, and that neither the petitioner nor the respondent922
acted primarily in self-defense.923

       (5) No protection order issued or consent agreement approved924
under this section shall in any manner affect title to any real925
property.926

       (6)(a) If a petitioner, or the child of a petitioner, who927
obtains a protection order or consent agreement pursuant to928
division (E)(1) of this section or a temporary protection order929
pursuant to section 2919.26 of the Revised Code and is the subject930
of a parenting time order issued pursuant to section 3109.051 or931
3109.12 of the Revised Code or a visitation or companionship order932
issued pursuant to section 3109.051, 3109.11, or 3109.12 of the933
Revised Code or division (E)(1)(d) of this section granting934
parenting time rights to the respondent, the court may require the935
public children services agency of the county in which the court936
is located to provide supervision of the respondent's exercise of937
parenting time or visitation or companionship rights with respect938
to the child for a period not to exceed nine months, if the court939
makes the following findings of fact:940

       (i) The child is in danger from the respondent;941

       (ii) No other person or agency is available to provide the942
supervision.943

       (b) A court that requires an agency to provide supervision944
pursuant to division (E)(6)(a) of this section shall order the945
respondent to reimburse the agency for the cost of providing the946
supervision, if it determines that the respondent has sufficient947
income or resources to pay that cost.948

       (7)(a) If a protection order issued or consent agreement949
approved under this section includes a requirement that the950
respondent be evicted from or vacate the residence or household or951
refrain from entering the residence, school, business, or place of952
employment of the petitioner or a family or household member, the953
order or agreement shall state clearly that the order or agreement954
cannot be waived or nullified by an invitation to the respondent955
from the petitioner or other family or household member to enter956
the residence, school, business, or place of employment or by the957
respondent's entry into one of those places otherwise upon the958
consent of the petitioner or other family or household member.959

       (b) Division (E)(7)(a) of this section does not limit any960
discretion of a court to determine that a respondent charged with961
a violation of section 2919.27 of the Revised Code, with a962
violation of a municipal ordinance substantially equivalent to963
that section, or with contempt of court, which charge is based on964
an alleged violation of a protection order issued or consent965
agreement approved under this section, did not commit the966
violation or was not in contempt of court.967

       (F)(1) A copy of any protection order, or consent agreement,968
that is issued or approved under this section shall be issued by969
the court to the petitioner, to the respondent, and to all law970
enforcement agencies that have jurisdiction to enforce the order971
or agreement. The court shall direct that a copy of an order be972
delivered to the respondent on the same day that the order is973
entered.974

       (2) All law enforcement agencies shall establish and maintain 975
an index for the protection orders and the approved consent 976
agreements delivered to the agencies pursuant to division (F)(1) 977
of this section. With respect to each order and consent agreement 978
delivered, each agency shall note on the index the date and time 979
that it received the order or consent agreement.980

       (3) Regardless of whether the petitioner has registered the981
order or agreement in the county in which the officer's agency has982
jurisdiction pursuant to division (N) of this section, any officer983
of a law enforcement agency shall enforce a protection order984
issued or consent agreement approved by any court in this state in985
accordance with the provisions of the order or agreement,986
including removing the respondent from the premises, if987
appropriate.988

       (G) Any proceeding under this section shall be conducted in989
accordance with the Rules of Civil Procedure, except that an order990
under this section may be obtained with or without bond. An order991
issued under this section, other than an ex parte order, that992
grants a protection order or approves a consent agreement, or that993
refuses to grant a protection order or approve a consent994
agreement, is a final, appealable order. The remedies and995
procedures provided in this section are in addition to, and not in996
lieu of, any other available civil or criminal remedies.997

       (H) The filing of proceedings under this section does not998
excuse a person from filing any report or giving any notice999
required by section 2151.421 of the Revised Code or by any other1000
law. When a petition under this section alleges domestic violence1001
against minor children, the court shall report the fact, or cause1002
reports to be made, to a county, township, or municipal peace1003
officer under section 2151.421 of the Revised Code.1004

       (I) Any law enforcement agency that investigates a domestic1005
dispute shall provide information to the family or household1006
members involved regarding the relief available under this section1007
and section 2919.26 of the Revised Code.1008

       (J) Notwithstanding any provision of law to the contrary and1009
regardless of whether a protection order is issued or a consent1010
agreement is approved by a court of another county or a court of1011
another state, no court or unit of state or local government shall1012
charge any fee, cost, deposit, or money in connection with the 1013
filing of a petition pursuant to this section or in connection1014
with the filing, issuance, registration, or service of a1015
protection order or consent agreement, or for obtaining a1016
certified copy of a protection order or consent agreement.1017

       (K)(1) The court shall comply with Chapters 3119., 3121.,1018
3123., and 3125. of the Revised Code when it makes or modifies an1019
order for child support under this section.1020

       (2) If any person required to pay child support under an1021
order made under this section on or after April 15, 1985, or1022
modified under this section on or after December 31, 1986, is1023
found in contempt of court for failure to make support payments1024
under the order, the court that makes the finding, in addition to1025
any other penalty or remedy imposed, shall assess all court costs1026
arising out of the contempt proceeding against the person and1027
require the person to pay any reasonable attorney's fees of any1028
adverse party, as determined by the court, that arose in relation1029
to the act of contempt.1030

       (L)(1) A person who violates a protection order issued or a1031
consent agreement approved under this section is subject to the1032
following sanctions:1033

       (a) Criminal prosecution for a violation of section 2919.271034
of the Revised Code, if the violation of the protection order or1035
consent agreement constitutes a violation of that section;1036

       (b) Punishment for contempt of court.1037

       (2) The punishment of a person for contempt of court for1038
violation of a protection order issued or a consent agreement1039
approved under this section does not bar criminal prosecution of1040
the person for a violation of section 2919.27 of the Revised Code.1041
However, a person punished for contempt of court is entitled to1042
credit for the punishment imposed upon conviction of a violation1043
of that section, and a person convicted of a violation of that1044
section shall not subsequently be punished for contempt of court1045
arising out of the same activity.1046

       (M) In all stages of a proceeding under this section, a1047
petitioner may be accompanied by a victim advocate.1048

       (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 by1054
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 the1060
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

       (2) A petitioner may register a temporary protection order,1065
protection order, or consent agreement in a county other than the1066
county in which the court that issued the order or approved the1067
agreement is located in the following manner:1068

       (a) The petitioner shall obtain a certified copy of the order 1069
or agreement from the clerk of the court that issued the order or 1070
approved the agreement and present that certified copy to the 1071
clerk of the court of common pleas or the clerk of a municipal1072
court or county court in the county in which the order or1073
agreement is to be registered.1074

       (b) Upon accepting the certified copy of the order or1075
agreement for registration, the clerk of the court of common1076
pleas, municipal court, or county court shall place an endorsement1077
of registration on the order or agreement and give the petitioner1078
a copy of the order or agreement that bears that proof of1079
registration.1080

       (3) The clerk of each court of common pleas, the clerk of1081
each municipal court, and the clerk of each county court shall1082
maintain a registry of certified copies of temporary protection1083
orders, protection orders, or consent agreements that have been1084
issued or approved by courts in other counties and that have been1085
registered with the clerk.1086

       Section 2. That existing sections 109.42, 2919.25, 2919.251, 1087
2919.26, 2919.27, and 3113.31 of the Revised Code are hereby 1088
repealed.1089