As Reported by the House Criminal Justice Committee

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


SENATORS Schuring, Stivers, Austria, Schuler, Coughlin, Fedor, Miller, Brady, Jacobson, Goodman, Harris, Randy Gardner, Robert Gardner, Hagan, Amstutz, Fingerhut, Dann, Spada, Roberts

REPRESENTATIVES Latta, Willamowski, Faber, Grendell, D. Evans, Oelslager



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


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

       Section 1. That sections 109.42, 2919.25, 2919.251, 2919.26, 11
and 2919.27 of the Revised Code be amended to read as follows:12

       Sec. 109.42.  (A) The attorney general shall prepare and have 13
printed a pamphlet that contains a compilation of all statutes 14
relative to victim's rights in which the attorney general lists 15
and explains the statutes in the form of a victim's bill of16
rights. The attorney general shall distribute the pamphlet to all17
sheriffs, marshals, municipal corporation and township police18
departments, constables, and other law enforcement agencies, to19
all prosecuting attorneys, city directors of law, village20
solicitors, and other similar chief legal officers of municipal21
corporations, and to organizations that represent or provide22
services for victims of crime. The victim's bill of rights set23
forth in the pamphlet shall contain a description of all of the24
rights of victims that are provided for in Chapter 2930. or in any25
other section of the Revised Code and shall include, but not be26
limited to, all of the following:27

       (1) The right of a victim or a victim's representative to28
attend a proceeding before a grand jury, in a juvenile case, or in29
a criminal case pursuant to a subpoena without being discharged30
from the victim's or representative's employment, having the31
victim's or representative's employment terminated, having the32
victim's or representative's pay decreased or withheld, or33
otherwise being punished, penalized, or threatened as a result of34
time lost from regular employment because of the victim's or35
representative's attendance at the proceeding pursuant to the36
subpoena, as set forth in section 2151.211, 2930.18, 2939.121, or37
2945.451 of the Revised Code;38

       (2) The potential availability pursuant to section 2151.35939
or 2152.61 of the Revised Code of a forfeited recognizance to pay40
damages caused by a child when the delinquency of the child or41
child's violation of probation or community control is found to be42
proximately caused by the failure of the child's parent or43
guardian to subject the child to reasonable parental authority or44
to faithfully discharge the conditions of probation or community45
control;46

       (3) The availability of awards of reparations pursuant to47
sections 2743.51 to 2743.72 of the Revised Code for injuries48
caused by criminal offenses;49

       (4) The right of the victim in certain criminal or juvenile50
cases or a victim's representative to receive, pursuant to section51
2930.06 of the Revised Code, notice of the date, time, and place52
of the trial or delinquency proceeding in the case or, if there53
will not be a trial or delinquency proceeding, information from54
the prosecutor, as defined in section 2930.01 of the Revised Code,55
regarding the disposition of the case;56

       (5) The right of the victim in certain criminal or juvenile57
cases or a victim's representative to receive, pursuant to section58
2930.04, 2930.05, or 2930.06 of the Revised Code, notice of the59
name of the person charged with the violation, the case or docket60
number assigned to the charge, and a telephone number or numbers61
that can be called to obtain information about the disposition of62
the case;63

       (6) The right of the victim in certain criminal or juvenile64
cases or of the victim's representative pursuant to section65
2930.13 or 2930.14 of the Revised Code, subject to any reasonable66
terms set by the court as authorized under section 2930.14 of the67
Revised Code, to make a statement about the victimization and, if68
applicable, a statement relative to the sentencing or disposition69
of the offender;70

       (7) The opportunity to obtain a court order, pursuant to71
section 2945.04 of the Revised Code, to prevent or stop the72
commission of the offense of intimidation of a crime victim or73
witness or an offense against the person or property of the74
complainant, or of the complainant's ward or child;75

       (8) The right of the victim in certain criminal or juvenile76
cases or a victim's representative pursuant to sections 2151.38,77
2929.20, 2930.10, 2930.16, and 2930.17 of the Revised Code to78
receive notice of a pending motion for judicial release or early79
release of the person who committed the offense against the80
victim, to make an oral or written statement at the court hearing81
on the motion, and to be notified of the court's decision on the82
motion;83

       (9) The right of the victim in certain criminal or juvenile84
cases or a victim's representative pursuant to section 2930.16,85
2967.12, 2967.26, or 5139.56 of the Revised Code to receive notice86
of any pending commutation, pardon, parole, transitional control,87
discharge, other form of authorized release, post-release control,88
or supervised release for the person who committed the offense89
against the victim or any application for release of that person90
and to send a written statement relative to the victimization and91
the pending action to the adult parole authority or the release92
authority of the department of youth services;93

       (10) The right of the victim to bring a civil action pursuant 94
to sections 2969.01 to 2969.06 of the Revised Code to obtain money 95
from the offender's profit fund;96

       (11) The right, pursuant to section 3109.09 of the Revised97
Code, to maintain a civil action to recover compensatory damages98
not exceeding ten thousand dollars and costs from the parent of a99
minor who willfully damages property through the commission of an100
act that would be a theft offense, as defined in section 2913.01101
of the Revised Code, if committed by an adult;102

       (12) The right, pursuant to section 3109.10 of the Revised103
Code, to maintain a civil action to recover compensatory damages104
not exceeding ten thousand dollars and costs from the parent of a105
minor who willfully and maliciously assaults a person;106

       (13) The possibility of receiving restitution from an107
offender or a delinquent child pursuant to section 2152.20,108
2929.18, or 2929.21 of the Revised Code;109

       (14) The right of the victim in certain criminal or juvenile110
cases or a victim's representative, pursuant to section 2930.16 of111
the Revised Code, to receive notice of the escape from confinement112
or custody of the person who committed the offense, to receive113
that notice from the custodial agency of the person at the114
victim's last address or telephone number provided to the115
custodial agency, and to receive notice that, if either the116
victim's address or telephone number changes, it is in the117
victim's interest to provide the new address or telephone number118
to the custodial agency;119

       (15) The right of a victim of domestic violence to seek the120
issuance of a temporary protection order pursuant to section121
2919.26 of the Revised Code, to seek the issuance of a civil122
protection order pursuant to section 3113.31 of the Revised Code, 123
the right of a victim of a violation of section 2903.14, 2909.06, 124
2909.07, 2911.12, 2911.211, or 2919.22 of the Revised Code, a 125
violation of a substantially similar municipal ordinance, or an 126
offense of violence who is a family or household member of the 127
offender at the time of the offense to seek the issuance of a 128
temporary protection order pursuant to section 2919.26 of the 129
Revised Code, and the right of both types of victims to be 130
accompanied by a victim advocate during court proceedings;131

       (16) The right of a victim of a sexually oriented offense132
that is committed by a person who is adjudicated as being a sexual133
predator or, in certain cases, by a person who is determined to be134
a habitual sex offender to receive, pursuant to section 2950.10 of135
the Revised Code, notice that the person has registered with a136
sheriff under section 2950.04 or 2950.05 of the Revised Code and137
notice of the person's name and residence address or addresses,138
and a summary of the manner in which the victim must make a139
request to receive the notice. As used in this division, "sexually140
oriented offense," "adjudicated as being a sexual predator," and141
"habitual sex offender" have the same meanings as in section142
2950.01 of the Revised Code.143

       (17) The right of a victim of certain sexually violent144
offenses committed by a sexually violent predator who is sentenced145
to a prison term pursuant to division (A)(3) of section 2971.03 of146
the Revised Code to receive, pursuant to section 2930.16 of the147
Revised Code, notice of a hearing to determine whether to modify148
the requirement that the offender serve the entire prison term in149
a state correctional facility, whether to continue, revise, or150
revoke any existing modification of that requirement, or whether151
to terminate the prison term. As used in this division, "sexually152
violent offense" and "sexually violent predator" have the same153
meanings as in section 2971.01 of the Revised Code.154

       (B)(1)(a) Subject to division (B)(1)(c) of this section, a155
prosecuting attorney, assistant prosecuting attorney, city156
director of law, assistant city director of law, village157
solicitor, assistant village solicitor, or similar chief legal158
officer of a municipal corporation or an assistant of any of those159
officers who prosecutes an offense committed in this state, upon160
first contact with the victim of the offense, the victim's family,161
or the victim's dependents, shall give the victim, the victim's162
family, or the victim's dependents a copy of the pamphlet prepared163
pursuant to division (A) of this section and explain, upon164
request, the information in the pamphlet to the victim, the165
victim's family, or the victim's dependents.166

       (b) Subject to division (B)(1)(c) of this section, a law167
enforcement agency that investigates an offense or delinquent act168
committed in this state shall give the victim of the offense or169
delinquent act, the victim's family, or the victim's dependents a170
copy of the pamphlet prepared pursuant to division (A) of this171
section at one of the following times:172

       (i) Upon first contact with the victim, the victim's family,173
or the victim's dependents;174

       (ii) If the offense or delinquent act is an offense of175
violence, if the circumstances of the offense or delinquent act176
and the condition of the victim, the victim's family, or the177
victim's dependents indicate that the victim, the victim's family,178
or the victim's dependents will not be able to understand the179
significance of the pamphlet upon first contact with the agency,180
and if the agency anticipates that it will have an additional181
contact with the victim, the victim's family, or the victim's182
dependents, upon the agency's second contact with the victim, the183
victim's family, or the victim's dependents.184

       If the agency does not give the victim, the victim's family,185
or the victim's dependents a copy of the pamphlet upon first186
contact with them and does not have a second contact with the187
victim, the victim's family, or the victim's dependents, the188
agency shall mail a copy of the pamphlet to the victim, the189
victim's family, or the victim's dependents at their last known190
address.191

       (c) In complying on and after December 9, 1994, with the192
duties imposed by division (B)(1)(a) or (b) of this section, an193
official or a law enforcement agency shall use copies of the194
pamphlet that are in the official's or agency's possession on195
December 9, 1994, until the official or agency has distributed all196
of those copies. After the official or agency has distributed all197
of those copies, the official or agency shall use only copies of198
the pamphlet that contain at least the information described in199
divisiondivisions (A)(1) to (17) of this section.200

       (2) The failure of a law enforcement agency or of a201
prosecuting attorney, assistant prosecuting attorney, city202
director of law, assistant city director of law, village203
solicitor, assistant village solicitor, or similar chief legal204
officer of a municipal corporation or an assistant to any of those205
officers to give, as required by division (B)(1) of this section,206
the victim of an offense or delinquent act, the victim's family,207
or the victim's dependents a copy of the pamphlet prepared208
pursuant to division (A) of this section does not give the victim,209
the victim's family, the victim's dependents, or a victim's210
representative any rights under section 122.95, 2743.51 to211
2743.72, 2945.04, 2967.12, 2969.01 to 2969.06, 3109.09, or 3109.10212
of the Revised Code or under any other provision of the Revised213
Code and does not affect any right under those sections.214

       (3) A law enforcement agency, a prosecuting attorney or215
assistant prosecuting attorney, or a city director of law,216
assistant city director of law, village solicitor, assistant217
village solicitor, or similar chief legal officer of a municipal218
corporation that distributes a copy of the pamphlet prepared219
pursuant to division (A) of this section shall not be required to220
distribute a copy of an information card or other printed material221
provided by the clerk of the court of claims pursuant to section222
2743.71 of the Revised Code.223

       (C) The cost of printing and distributing the pamphlet224
prepared pursuant to division (A) of this section shall be paid225
out of the reparations fund, created pursuant to section 2743.191226
of the Revised Code, in accordance with division (D) of that227
section.228

       (D) As used in this section:229

       (1) "Victim's representative" has the same meaning as in230
section 2930.01 of the Revised Code;231

       (2) "Victim advocate" has the same meaning as in section232
2919.26 of the Revised Code.233

       Sec. 2919.25.  (A) No person shall knowingly cause or attempt 234
to cause physical harm to a family or household member.235

       (B) No person shall recklessly cause serious physical harm to 236
a family or household member.237

       (C) No person, by threat of force, shall knowingly cause a238
family or household member to believe that the offender will cause239
imminent physical harm to the family or household member.240

       (D)(1) Whoever violates this section is guilty of domestic241
violence. Except242

       (2) Except as otherwise provided in division (D)(3) or (4) of243
this divisionsection, a violation of division (C) of this section 244
is a misdemeanor of the fourth degree, and a violation of division 245
(A) or (B) of this section is a misdemeanor of the first degree. 246
If247

       (3) Except as otherwise provided in division (D)(4) of this 248
section, if the offender previously has pleaded guilty to or been 249
convicted of domestic violence, of a violation of aan existing or 250
former municipal ordinance or law of this or any other state or 251
the United States that is substantially similar to domestic 252
violence, of a violation of section 2903.11, 2903.12, 2903.13,253
2903.14, 2903.21, 2903.211, 2903.22,2909.06, 2909.07, 2911.12,254
2911.211, or 2919.22 of the Revised Code involving a person whoif 255
the victim of the violation was a family or household member at 256
the time of the violation, or of a violation of a municipal 257
ordinance, a law of the United States or of any other state, or a 258
municipal ordinance of a municipal corporation located in any 259
other state that is substantially similar to one of those sections260
involving a person who was a family or household member at the 261
time of the violation,an existing or former municipal ordinance 262
or law of this or any other state or the United States that is 263
substantially similar to any of those sections if the victim of 264
the violation was a family or household member at the time of the 265
commission of the violation, or any offense of violence if the 266
victim of the offense was a family or household member at the time 267
of the commission of the offense, a violation of division (A) or 268
(B) of this section is a felony of the fifthfourth degree, and a 269
violation of division (C) of this section is a misdemeanor of the 270
thirdsecond degree.271

       (4) If the offender previously has pleaded guilty to or been 272
convicted of two or more offenses of domestic violence or two or 273
more violations or offenses of the type described in division 274
(D)(3) of this section involving a person who was a family or 275
household member at the time of the violations or offenses, a 276
violation of division (A) or (B) of this section is a felony of 277
the third degree, and a violation of division (C) of this section 278
is a misdemeanor of the first degree.279

       (E) Notwithstanding any provision of law to the contrary, no280
court or unit of state or local government shall charge any fee,281
cost, deposit, or money in connection with the filing of charges282
against a person alleging that the person violated this section or283
a municipal ordinance substantially similar to this section or in284
connection with the prosecution of any charges so filed.285

       (F) As used in this section and sections 2919.251 and 2919.26286
of the Revised Code:287

       (1) "Family or household member" means any of the following:288

       (a) Any of the following who is residing or has resided with289
the offender:290

       (i) A spouse, a person living as a spouse, or a former spouse 291
of the offender;292

       (ii) A parent or a child of the offender, or another person293
related by consanguinity or affinity to the offender;294

       (iii) A parent or a child of a spouse, person living as a295
spouse, or former spouse of the offender, or another person296
related by consanguinity or affinity to a spouse, person living as297
a spouse, or former spouse of the offender.298

       (b) The natural parent of any child of whom the offender is299
the other natural parent or is the putative other natural parent.300

       (2) "Person living as a spouse" means a person who is living301
or has lived with the offender in a common law marital302
relationship, who otherwise is cohabiting with the offender, or303
who otherwise has cohabited with the offender within five years304
prior to the date of the alleged commission of the act in305
question.306

       Sec. 2919.251.  (A) If a person is charged with a violation 307
of section 2919.25 of the Revised Code, a violation of a municipal 308
ordinance that is substantially similar to that section, a 309
violation of section 2903.11, 2903.12, 2903.13, 2903.211, or 310
2911.211 of the Revised Code involving a person whothe commission 311
of any offense of violence, if the alleged victim of the offense 312
charged was a family or household member at the time of the 313
violation, or a violation of a municipal ordinance substantially 314
similar to section 2903.13, 2903.211, or 2911.211 of the Revised 315
Code that involves a person who was a family or household member 316
at the time of the violationoffense, and if the person charged, 317
at the time of the alleged violationoffense, was subject to the 318
terms of a protection order issued or consent agreement approved 319
pursuant to section 2919.26 or 3113.31 of the Revised Code or 320
previously was convicted of or pleaded guilty to a violation of 321
section 2919.25 of the Revised Code or a violation of section 322
2919.27 of the Revised Code involving a protection order or 323
consent agreement of that type, a violation of aan existing or 324
former municipal ordinance or law of this or any other state or 325
the United States that is substantially similar to either section, 326
a violation of section 2903.11, 2903.12, 2903.13, 2903.211,327
2909.06, 2909.07, 2911.12, or 2911.211 of the Revised Code 328
involving a person whoif the victim of the violation was a family 329
or household member at the time of the violation, or a violation 330
of a municipal ordinance substantially similar to section 2903.13, 331
2903.211, or 2911.211 of the Revised Code that involves a person 332
whoa violation of an existing or former municipal ordinance or 333
law of this or any other state or the United States that is 334
substantially similar to any of those sections if the victim of 335
the violation was a family or household member at the time of the 336
commission of the violation, or any offense of violence if the 337
victim of the offense was a family or household member at the time 338
of the violationoffense, the court shall consider all of the 339
following, in addition to any other circumstances considered by 340
the court and notwithstanding any provisions to the contrary 341
contained in Criminal Rule 46, before setting bail for the person:342

       (1) Whether the person has a history of domestic violence or 343
a history of other violent acts;344

       (2) The mental health of the person;345

       (3) Whether the person has a history of violating the orders 346
of any court or governmental entity;347

       (4) Whether the person is potentially a threat to any other 348
person;349

       (5) Whether setting bail at a high level will interfere with 350
any treatment or counseling that the person or the family of the 351
person is undergoing.352

       (B) Any court that has jurisdiction over violations of353
section 2919.25 of the Revised Code, violations of a municipal354
ordinance that is substantially similar to that section,355
violations of section 2903.13, 2903.211, or 2911.211 of the356
Revised Code that involve persons who are family or household357
members at the time of the violation, or violations of a municipal 358
ordinance substantially similar to section 2903.13, 2903.211, or 359
2911.211 of the Revised Code that involve persons who are family 360
or household memberscharges alleging the commission of an offense 361
of violence in circumstances in which the alleged victim of the 362
offense was a family or household member at the time of the 363
violationoffense, may set a schedule for bail to be used in cases 364
involving those violationsoffenses. The schedule shall require 365
that a judge consider all of the factors listed in division (A) of 366
this section and may require judges to set bail at a certain level 367
if the history of the alleged offender or the circumstances of the 368
alleged offense meet certain criteria in the schedule.369

       Sec. 2919.26.  (A)(1) Upon the filing of a complaint that370
alleges a violation of section 2919.25 of the Revised Code, a371
violation of a municipal ordinance substantially similar to that372
section, a violation of section 2903.11, 2903.12, 2903.13,373
2903.211,2909.06, 2909.07, 2911.12, or 2911.211 of the Revised 374
Code that involves a person whoif the alleged victim of the 375
violation was a family or household member at the time of the 376
violation, or a violation of a municipal ordinance that is 377
substantially similar to section 2903.13, 2903.211, or 2911.211 of 378
the Revised Code that involves a person whoany of those sections 379
if the alleged victim of the violation was a family or household 380
member at the time of the violation, or any offense of violence if 381
the alleged victim of the offense was a family or household member 382
at the time of the commission of the offense, the complainant, the 383
alleged victim, or a family or household member of an alleged 384
victim may file, or, if in an emergency the alleged victim is 385
unable to file, a person who made an arrest for the alleged 386
violation or offense under section 2935.03 of the Revised Code may 387
file on behalf of the alleged victim, a motion that requests the 388
issuance of a temporary protection order as a pretrial condition 389
of release of the alleged offender, in addition to any bail set 390
under Criminal Rule 46. The motion shall be filed with the clerk 391
of the court that has jurisdiction of the case at any time after 392
the filing of the complaint.393

       (2) For purposes of section 2930.09 of the Revised Code, all394
stages of a proceeding arising out of a violation specified395
complaint alleging the commission of a violation or offense of 396
violence described in division (A)(1) of this section, including 397
all proceedings on a motion for a temporary protection order, are 398
critical stages of the case, and a victim may be accompanied by a 399
victim advocate or another person to provide support to the victim 400
as provided in that section.401

       (B) The motion shall be prepared on a form that is provided402
by the clerk of the court, which form shall be substantially as403
follows:404

"MOTION FOR TEMPORARY PROTECTION ORDER
405

.......................... Court
406

Name and address of court
407

State of Ohio408

v. No. .......... 409

.................410

Name of Defendant411

(name of person), moves the court to issue a temporary protection412
order containing terms designed to ensure the safety and413
protection of the complainant, alleged victim, and other family or414
household members, in relation to the named defendant, pursuant to415
its authority to issue such an order under section 2919.26 of the416
Revised Code.417

       A complaint, a copy of which has been attached to this418
motion, has been filed in this court charging the named defendant419
with at least one of the following violations of section 2919.25420
of the Revised Code that constitutes "domestic violence" or a421
municipal ordinance that is substantially similar to that section:422
knowingly causing or attempting to cause physical harm to a family423
or household member; recklessly causing serious physical harm to a424
family or household member; or, by threat of force, knowingly425
causing a family or household member to believe that the named426
defendant would cause imminent physical harm to that family or427
household member; charging the named defendant with felonious428
assault, aggravated assault, or assault that involved a family or429
household member in violation of section 2903.11, 2903.12, or430
2903.13 of the Revised Code; charging the named defendant with431
menacing by stalking or aggravated trespass that involves432
.......................... (name of the specified violation or the 433
offense of violence charged) in circumstances in which the victim 434
was a family or household member in violation of (section 2903.211 435
or 2911.211 of the Revised Code;designating the specified 436
violation or offense of violence charged), or charging the named 437
defendant with a violation of a municipal ordinance that is 438
substantially similar to ........................(section439
2903.13, 2903.211, or 2911.211 of the Revised Code that involves440
designating the specified violation or offense of violence 441
charged) involving a family or household member.442

       I understand that I must appear before the court, at a time443
set by the court within twenty-four hours after the filing of this444
motion, for a hearing on the motion or that, if I am unable to445
appear because of hospitalization or a medical condition resulting446
from the offense alleged in the complaint, a person who can447
provide information about my need for a temporary protection order448
must appear before the court in lieu of my appearing in court. I449
understand that any temporary protection order granted pursuant to450
this motion is a pretrial condition of release and is effective451
only until the disposition of the criminal proceeding arising out452
of the attached complaint, or the issuance of a civil protection453
order or the approval of a consent agreement, arising out of the454
same activities as those that were the basis of the complaint,455
under section 3113.31 of the Revised Code.456

..........................................457

Signature of person458

(or signature of the arresting officer who filed the motion on459
behalf of the alleged victim)460

..........................................461

Address of person (or office address of the arresting officer who462
filed the motion on behalf of the alleged victim)"463

       (C)(1) As soon as possible after the filing of a motion that464
requests the issuance of a temporary protection order, but not465
later than twenty-four hours after the filing of the motion, the466
court shall conduct a hearing to determine whether to issue the467
order. The person who requested the order shall appear before the468
court and provide the court with the information that it requests469
concerning the basis of the motion. If the person who requested470
the order is unable to appear and if the court finds that the471
failure to appear is because of the person's hospitalization or472
medical condition resulting from the offense alleged in the473
complaint, another person who is able to provide the court with474
the information it requests may appear in lieu of the person who475
requested the order. If the court finds that the safety and476
protection of the complainant, alleged victim, or any other family477
or household member of the alleged offender may be impaired by the478
continued presence of the alleged offender, the court may issue a479
temporary protection order, as a pretrial condition of release,480
that contains terms designed to ensure the safety and protection481
of the complainant, alleged victim, or the family or household482
member, including a requirement that the alleged offender refrain483
from entering the residence, school, business, or place of484
employment of the complainant, alleged victim, or the family or485
household member.486

       (2)(a) If the court issues a temporary protection order that487
includes a requirement that the alleged offender refrain from488
entering the residence, school, business, or place of employment489
of the complainant, the alleged victim, or the family or household490
member, the order shall state clearly that the order cannot be491
waived or nullified by an invitation to the alleged offender from492
the complainant, alleged victim, or family or household member to493
enter the residence, school, business, or place of employment or494
by the alleged offender's entry into one of those places otherwise495
upon the consent of the complainant, alleged victim, or family or496
household member.497

       (b) Division (C)(2)(a) of this section does not limit any498
discretion of a court to determine that an alleged offender499
charged with a violation of section 2919.27 of the Revised Code,500
with a violation of a municipal ordinance substantially equivalent501
to that section, or with contempt of court, which charge is based502
on an alleged violation of a temporary protection order issued503
under this section, did not commit the violation or was not in504
contempt of court.505

       (D)(1) Upon the filing of a complaint that alleges a506
violation of section 2919.25 of the Revised Code, a violation of a507
municipal ordinance that is substantially similar to that section,508
a violation of section 2903.11, 2903.12, 2903.13, 2903.211,509
2909.06, 2909.07, 2911.12, or 2911.211 of the Revised Code that 510
involves a person whoif the alleged victim of the violation was a511
family or household member at the time of the violation, or a 512
violation of a municipal ordinance that is substantially similar513
to section 2903.13, 2903.211, or 2911.211 of the Revised Code that514
involves a person whoany of those sections if the alleged victim 515
of the violation was a family or household member at the time of 516
the violation, or any offense of violence if the alleged victim of 517
the offense was a family or household member at the time of the 518
commission of the offense, the court, upon its own motion, may 519
issue a temporary protection order as a pretrial condition of 520
release if it finds that the safety and protection of the 521
complainant, alleged victim, or other family or household member 522
of the alleged offender may be impaired by the continued presence 523
of the alleged offender.524

       (2) If the court issues a temporary protection order under525
this section as an ex parte order, it shall conduct, as soon as526
possible after the issuance of the order, a hearing in the527
presence of the alleged offender not later than the next day on528
which the court is scheduled to conduct business after the day on529
which the alleged offender was arrested or at the time of the530
appearance of the alleged offender pursuant to summons to531
determine whether the order should remain in effect, be modified,532
or be revoked. The hearing shall be conducted under the standards533
set forth in division (C) of this section.534

       (3) An order issued under this section shall contain only535
those terms authorized in orders issued under division (C) of this536
section.537

       (4) If a municipal court or a county court issues a temporary 538
protection order under this section and if, subsequent to the 539
issuance of the order, the alleged offender who is the subject of 540
the order is bound over to the court of common pleas for 541
prosecution of a felony arising out of the same activities as542
those that were the basis of the complaint upon which the order is543
based, notwithstanding the fact that the order was issued by a544
municipal court or county court, the order shall remain in effect,545
as though it were an order of the court of common pleas, while the546
charges against the alleged offender are pending in the court of547
common pleas, for the period of time described in division (E)(2)548
of this section, and the court of common pleas has exclusive549
jurisdiction to modify the order issued by the municipal court or550
county court. This division applies when the alleged offender is551
bound over to the court of common pleas as a result of the person552
waiving a preliminary hearing on the felony charge, as a result of553
the municipal court or county court having determined at a554
preliminary hearing that there is probable cause to believe that555
the felony has been committed and that the alleged offender556
committed it, as a result of the alleged offender having been557
indicted for the felony, or in any other manner.558

       (E) A temporary protection order that is issued as a pretrial 559
condition of release under this section:560

       (1) Is in addition to, but shall not be construed as a part561
of, any bail set under Criminal Rule 46;562

       (2) Is effective only until the occurrence of either of the563
following:564

       (a) The disposition, by the court that issued the order or,565
in the circumstances described in division (D)(4) of this section,566
by the court of common pleas to which the alleged offender is567
bound over for prosecution, of the criminal proceeding arising out568
of the complaint upon which the order is based;569

       (b) The issuance of a protection order or the approval of a570
consent agreement, arising out of the same activities as those571
that were the basis of the complaint upon which the order is572
based, under section 3113.31 of the Revised Code;573

       (3) Shall not be construed as a finding that the alleged574
offender committed the alleged offense, and shall not be575
introduced as evidence of the commission of the offense at the576
trial of the alleged offender on the complaint upon which the577
order is based.578

       (F) A person who meets the criteria for bail under Criminal579
Rule 46 and who, if required to do so pursuant to that rule,580
executes or posts bond or deposits cash or securities as bail,581
shall not be held in custody pending a hearing before the court on582
a motion requesting a temporary protection order.583

       (G)(1) A copy of any temporary protection order that is584
issued under this section shall be issued by the court to the585
complainant, to the alleged victim, to the person who requested586
the order, to the defendant, and to all law enforcement agencies587
that have jurisdiction to enforce the order. The court shall588
direct that a copy of the order be delivered to the defendant on589
the same day that the order is entered. If a municipal court or a590
county court issues a temporary protection order under this591
section and if, subsequent to the issuance of the order, the592
defendant who is the subject of the order is bound over to the593
court of common pleas for prosecution as described in division594
(D)(4) of this section, the municipal court or county court shall595
direct that a copy of the order be delivered to the court of596
common pleas to which the defendant is bound over.597

       (2) All law enforcement agencies shall establish and maintain 598
an index for the temporary protection orders delivered to the 599
agencies pursuant to division (G)(1) of this section. With respect 600
to each order delivered, each agency shall note on the index, the 601
date and time of the receipt of the order by the agency.602

       (3) A complainant, alleged victim, or other person who603
obtains a temporary protection order under this section may604
provide notice of the issuance of the temporary protection order605
to the judicial and law enforcement officials in any county other606
than the county in which the order is issued by registering that607
order in the other county in accordance with division (N) of608
section 3113.31 of the Revised Code and filing a copy of the609
registered protection order with a law enforcement agency in the610
other county in accordance with that division.611

       (4) Any officer of a law enforcement agency shall enforce a612
temporary protection order issued by any court in this state in613
accordance with the provisions of the order, including removing614
the defendant from the premises, regardless of whether the order615
is registered in the county in which the officer's agency has616
jurisdiction as authorized by division (G)(3) of this section.617

       (H) Upon a violation of a temporary protection order, the618
court may issue another temporary protection order, as a pretrial619
condition of release, that modifies the terms of the order that620
was violated.621

       (I)(1) As used in divisions (I)(1) and (2) of this section,622
"defendant" means a person who is alleged in a complaint to have623
committed a violation or offense of violence of the type described in division (A) of this section.625

       (2) If a complaint is filed that alleges that a person626
committed a violation or offense of violence of the type described 627
in division (A) of this section, the court may not issue a 628
temporary protection order under this section that requires the 629
complainant, the alleged victim, or another family or household 630
member of the defendant to do or refrain from doing an act that 631
the court may require the defendant to do or refrain from doing 632
under a temporary protection order unless both of the following 633
apply:634

       (a) The defendant has filed a separate complaint that alleges 635
that the complainant, alleged victim, or other family or household 636
member in question who would be required under the order to do or 637
refrain from doing the act committed a violation or offense of 638
violence of the type described in division (A) of this section.639

       (b) The court determines that both the complainant, alleged640
victim, or other family or household member in question who would641
be required under the order to do or refrain from doing the act642
and the defendant acted primarily as aggressors, that neither the643
complainant, alleged victim, or other family or household member644
in question who would be required under the order to do or refrain645
from doing the act nor the defendant acted primarily in646
self-defense, and, in accordance with the standards and criteria647
of this section as applied in relation to the separate complaint648
filed by the defendant, that it should issue the order to require649
the complainant, alleged victim, or other family or household650
member in question to do or refrain from doing the act.651

       (J) Notwithstanding any provision of law to the contrary and652
regardless of whether a protection order is issued or a consent653
agreement is approved by a court of another county or a court of654
another state, no court or unit of state or local government shall655
charge any fee, cost, deposit, or money in connection with the 656
filing of a motion pursuant to this section, in connection with 657
the filing, issuance, registration, or service of a protection 658
order or consent agreement, or for obtaining a certified copy of a 659
protection order or consent agreement.660

       (K) As used in this section, "victim advocate" means a person 661
who provides support and assistance for a victim of an offense 662
during court proceedings.663

       Sec. 2919.27.  (A) No person shall recklessly violate the664
terms of any of the following:665

       (1) A protection order issued or consent agreement approved666
pursuant to section 2919.26 or 3113.31 of the Revised Code;667

       (2) A protection order issued pursuant to section 2903.213 or 668
2903.214 of the Revised Code;669

       (3) A protection order issued by a court of another state.670

       (B)(1) Whoever violates this section is guilty of violating a671
protection order.672

       (1) If the offense involves a violation of division (A)(1) or673
(3) of this section, one of the following applies:674

       (a)(2) Except as otherwise provided in division (B)(1)(b)(3) 675
or (4) of this section, violating a protection order is a 676
misdemeanor of the first degree.677

       (b)(3) If the offender previously has been convicted of or678
pleaded guilty to a violation of a protection order issued 679
pursuant to section 2903.213 or 2903.214 of the Revised Code, two 680
or more violations of section 2903.21, 2903.211, 2903.22, or681
2911.211 of the Revised Code that involved the same person who is682
the subject of the protection order or consent agreement, or683
previously has been convicted of or pleaded guilty to one or more684
violations of this section, violating a protection order is a685
felony of the fifth degree.686

       (2) If the offense involves a violation of division (A)(2) of 687
this section, one of the following applies:688

       (a) Except as otherwise provided in division (B)(2)(b) of689
this section, violating a protection order is a misdemeanor of the690
first degree.691

       (b) If the offender previously has been convicted of or692
pleaded guilty to two or more violations of this section or of693
former section 2919.27 of the Revised Code involving a protection694
order issued pursuant to section 2903.213 or 2903.214 of the695
Revised Code, two or more violations of section 2903.21, 2903.211,696
2903.22, or 2911.211 of the Revised Code that involved the same697
person who is the subject of the protection order, or two or more698
violations of section 2903.214 of the Revised Code as it existed699
prior to July 1, 1996, violating a protection order is a felony of700
the fifth degree.701

       (4) If the offender violates a protection order or consent 702
agreement while committing a felony offense, violating a 703
protection order is a felony of the third degree.704

       (C) It is an affirmative defense to a charge under division705
(A)(3) of this section that the protection order issued by a court706
of another state does not comply with the requirements specified707
in 18 U.S.C. 2265(b) for a protection order that must be accorded708
full faith and credit by a court of this state or that it is not709
entitled to full faith and credit under 18 U.S.C. 2265(c).710

       (D) As used in this section, "protection order issued by a711
court of another state" means an injunction or another order712
issued by a criminal court of another state for the purpose of713
preventing violent or threatening acts or harassment against,714
contact or communication with, or physical proximity to another715
person, including a temporary order, and means an injunction or716
order of that nature issued by a civil court of another state,717
including a temporary order and a final order issued in an718
independent action or as a pendente lite order in a proceeding for719
other relief, if the court issued it in response to a complaint,720
petition, or motion filed by or on behalf of a person seeking721
protection. "Protection order issued by a court of another state"722
does not include an order for support or for custody of a child723
issued pursuant to the divorce and child custody laws of another724
state, except to the extent that the order for support or for725
custody of a child is entitled to full faith and credit under the726
laws of the United States.727

       Section 2. That existing sections 109.42, 2919.25, 2919.251, 728
2919.26, and 2919.27 of the Revised Code are hereby repealed.729