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 of | 16 |
rights.
The attorney general shall distribute the pamphlet to all | 17 |
sheriffs, marshals,
municipal corporation and township police | 18 |
departments,
constables, and other law enforcement agencies, to | 19 |
all
prosecuting attorneys, city directors of law, village | 20 |
solicitors,
and other similar chief legal officers of municipal | 21 |
corporations,
and to organizations that represent or provide | 22 |
services for
victims of crime. The victim's bill of rights set | 23 |
forth in the
pamphlet shall contain a description of all of the | 24 |
rights of
victims that are provided for in Chapter 2930. or in
any | 25 |
other section of the Revised Code and shall include, but not
be | 26 |
limited to, all of the following: | 27 |
(1) The right of a victim or a victim's
representative to | 28 |
attend a proceeding before a grand
jury, in a juvenile case, or in | 29 |
a criminal case pursuant to a
subpoena without being discharged | 30 |
from the victim's or
representative's employment, having the | 31 |
victim's or
representative's employment terminated, having the | 32 |
victim's
or representative's pay decreased or withheld, or | 33 |
otherwise being punished, penalized, or threatened as a result of | 34 |
time lost from regular employment because of the victim's or | 35 |
representative's attendance at
the proceeding pursuant to the | 36 |
subpoena, as set forth in section
2151.211, 2930.18, 2939.121, or | 37 |
2945.451 of the Revised Code; | 38 |
(4) The right of the victim in certain criminal or juvenile | 50 |
cases or a
victim's
representative to receive, pursuant to section | 51 |
2930.06 of the Revised Code,
notice of the date, time, and place | 52 |
of the trial or delinquency
proceeding in the case or, if
there | 53 |
will not be a trial or delinquency proceeding, information from | 54 |
the prosecutor, as defined in
section 2930.01 of the Revised Code, | 55 |
regarding the disposition of the case; | 56 |
(9) The right of the victim in certain criminal or juvenile | 84 |
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 notice | 86 |
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 offense | 89 |
against the victim or any application for
release of that person | 90 |
and to send a written statement
relative to the victimization and | 91 |
the pending action to the adult
parole authority or the release | 92 |
authority of the department of youth
services; | 93 |
(14) The right of the victim in certain criminal or juvenile | 110 |
cases
or a victim's representative, pursuant to section 2930.16 of | 111 |
the Revised
Code, to receive notice of the escape
from confinement | 112 |
or custody of the person who committed the
offense, to receive | 113 |
that notice from the custodial agency
of the person at the | 114 |
victim's last address or telephone
number provided to the | 115 |
custodial agency, and to
receive notice that, if either the | 116 |
victim's address or telephone
number changes, it is in the | 117 |
victim's interest to provide the new
address or telephone number | 118 |
to the custodial
agency; | 119 |
(15) The right of a victim of domestic violence to seek
the | 120 |
issuance of a
temporary protection order pursuant to section | 121 |
2919.26 of the Revised Code,
to seek the issuance of a civil | 122 |
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 offense | 132 |
that is committed by a person who is
adjudicated as being a sexual | 133 |
predator or, in certain cases, by
a person who is determined to be | 134 |
a habitual sex offender to
receive, pursuant to section 2950.10 of | 135 |
the Revised Code, notice that the
person
has registered with a | 136 |
sheriff under section 2950.04 or 2950.05
of the Revised Code and | 137 |
notice of the
person's name and residence address or addresses, | 138 |
and
a
summary of the manner in which the victim must make a | 139 |
request
to receive the notice. As used in this division,
"sexually | 140 |
oriented offense," "adjudicated as being a sexual
predator," and | 141 |
"habitual sex offender" have the same meanings as
in section | 142 |
2950.01 of the Revised Code. | 143 |
(17) The right of a victim of certain sexually violent | 144 |
offenses committed by a sexually violent predator who is
sentenced | 145 |
to a prison term pursuant to division
(A)(3) of section 2971.03 of | 146 |
the Revised Code to receive, pursuant to
section 2930.16 of the | 147 |
Revised Code, notice of a hearing to
determine whether to modify | 148 |
the requirement that the offender
serve the entire prison term in | 149 |
a state correctional facility,
whether to continue, revise, or | 150 |
revoke any existing modification
of that requirement, or whether | 151 |
to terminate the prison term.
As used in this division, "sexually | 152 |
violent offense" and
"sexually violent predator" have the same | 153 |
meanings as in section
2971.01 of the Revised Code. | 154 |
(B)(1)(a) Subject to division (B)(1)(c) of this section, a | 155 |
prosecuting
attorney, assistant prosecuting
attorney, city | 156 |
director of law, assistant city director of law,
village | 157 |
solicitor, assistant village solicitor, or similar chief
legal | 158 |
officer of a municipal corporation or an assistant of any
of those | 159 |
officers who prosecutes an offense
committed in this state, upon | 160 |
first
contact with the victim of the offense, the victim's family, | 161 |
or
the victim's dependents,
shall give the victim, the victim's | 162 |
family, or the victim's dependents a copy
of the pamphlet prepared | 163 |
pursuant to division (A) of this section
and explain, upon | 164 |
request, the information in the pamphlet to the
victim, the | 165 |
victim's family, or the victim's dependents. | 166 |
(ii) If the offense or delinquent act is an offense of | 175 |
violence, if
the
circumstances of the offense or delinquent act | 176 |
and the condition of the
victim,
the victim's family, or the | 177 |
victim's dependents indicate that the
victim, the victim's family, | 178 |
or the victim's dependents will not be able to
understand the | 179 |
significance
of the pamphlet upon first contact with the agency, | 180 |
and if the
agency anticipates that it will have an additional | 181 |
contact with
the victim, the victim's family, or the victim's | 182 |
dependents, upon the agency's second contact with the victim, the | 183 |
victim's
family, or the victim's dependents. | 184 |
(c) In complying on and after December 9, 1994, with the | 192 |
duties imposed by division
(B)(1)(a) or (b) of this section, an | 193 |
official or a law enforcement agency shall use copies of the | 194 |
pamphlet that are in the official's or agency's possession on | 195 |
December 9,
1994, until the official or agency has
distributed all | 196 |
of those copies. After the official or agency
has distributed all | 197 |
of those copies, the official or agency shall
use only copies of | 198 |
the pamphlet that contain at least the
information described in | 199 |
divisiondivisions (A)(1) to (17) of this
section. | 200 |
(2) The failure of a law enforcement agency or of a | 201 |
prosecuting attorney, assistant prosecuting attorney, city | 202 |
director of
law, assistant city director of law, village | 203 |
solicitor, assistant
village solicitor, or similar chief legal | 204 |
officer of a municipal
corporation or an assistant to any of those | 205 |
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 prepared | 208 |
pursuant to
division (A) of this section does not give the victim, | 209 |
the victim's
family, the victim's dependents, or a victim's | 210 |
representative
any rights under section 122.95,
2743.51 to | 211 |
2743.72, 2945.04, 2967.12, 2969.01 to 2969.06,
3109.09, or 3109.10 | 212 |
of the Revised Code or under any other
provision of the Revised | 213 |
Code and does not affect any right under
those sections. | 214 |
(3) A law enforcement agency, a prosecuting attorney or | 215 |
assistant prosecuting
attorney, or a city director of law, | 216 |
assistant city director of
law, village solicitor,
assistant | 217 |
village solicitor, or similar chief legal officer of a municipal | 218 |
corporation that distributes a copy of
the pamphlet prepared | 219 |
pursuant to division (A) of this section
shall not be required to | 220 |
distribute a copy of an information card
or other printed material | 221 |
provided by the clerk of the court of
claims pursuant to section | 222 |
2743.71 of the Revised Code. | 223 |
(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 sections | 260 |
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 |
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 |
(B) Any court that has jurisdiction over violations of | 353 |
section 2919.25 of the Revised Code, violations of a municipal | 354 |
ordinance that is substantially similar to that section, | 355 |
violations of section 2903.13, 2903.211, or 2911.211 of the | 356 |
Revised Code that involve persons who are family or household | 357 |
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 that | 370 |
alleges a violation of section 2919.25 of the Revised Code, a | 371 |
violation of a
municipal ordinance substantially similar to that | 372 |
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 |
A complaint, a copy of which has been attached to this | 418 |
motion, has been filed in this court charging the named defendant | 419 |
with at least one of the following violations of section 2919.25 | 420 |
of the
Revised Code that constitutes "domestic violence" or a | 421 |
municipal ordinance
that is substantially similar to that section: | 422 |
knowingly causing or
attempting to cause physical harm to a
family | 423 |
or household member; recklessly causing serious physical
harm to a | 424 |
family or household member; or, by threat of force,
knowingly | 425 |
causing a family or household member to believe that
the named | 426 |
defendant would cause imminent physical harm to that family
or | 427 |
household member; charging the named defendant
with felonious | 428 |
assault, aggravated assault, or assault that involved a family
or | 429 |
household member in violation of section 2903.11, 2903.12, or | 430 |
2903.13 of
the Revised Code; charging
the named defendant with | 431 |
menacing by stalking or aggravated
trespass that involves | 432 |
.......................... (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 ........................(section | 439 |
2903.13, 2903.211, or 2911.211 of the Revised Code that
involves | 440 |
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 time | 443 |
set by the court within twenty-four hours after the filing of
this | 444 |
motion, for a hearing on the motion or that, if I am unable to | 445 |
appear
because of hospitalization or a medical condition resulting | 446 |
from the offense
alleged in the complaint, a person who can | 447 |
provide information about my need
for a temporary protection order | 448 |
must appear before the court in lieu of my
appearing in court. I | 449 |
understand that any temporary
protection order granted pursuant to | 450 |
this motion is a pretrial
condition of release and is effective | 451 |
only until the disposition
of the criminal proceeding arising out | 452 |
of the attached complaint,
or the issuance of a civil protection | 453 |
order or the approval of a
consent agreement, arising out of the | 454 |
same activities as those
that were the basis of the complaint, | 455 |
under section 3113.31 of
the Revised Code. | 456 |
(C)(1) As soon as possible after the filing of a motion that | 464 |
requests the issuance of a temporary protection order, but not | 465 |
later than twenty-four hours after the filing of the motion, the | 466 |
court shall conduct a hearing to determine whether to issue the | 467 |
order. The person who requested the order shall appear before
the | 468 |
court and provide the court with the information that it
requests | 469 |
concerning the basis of the motion. If the person who requested | 470 |
the
order is unable to appear and if the court finds that the | 471 |
failure to appear is
because of the person's hospitalization or | 472 |
medical condition resulting from
the offense alleged in the | 473 |
complaint, another person who is able to provide
the court with | 474 |
the information it requests may appear in lieu of the person
who | 475 |
requested the order. If the court finds that the safety and | 476 |
protection of
the complainant, alleged victim, or any other family | 477 |
or household member of the alleged offender may be impaired by
the | 478 |
continued presence of the alleged offender, the court may
issue a | 479 |
temporary protection order, as a pretrial condition of
release, | 480 |
that contains terms designed to ensure the safety and
protection | 481 |
of the complainant, alleged victim, or the
family or household | 482 |
member,
including a requirement that the alleged offender refrain | 483 |
from
entering the residence, school, business, or place of | 484 |
employment
of the complainant, alleged victim, or the family or | 485 |
household member. | 486 |
(2)(a) If the court issues a temporary protection order that | 487 |
includes a
requirement that the alleged offender refrain from | 488 |
entering the residence,
school, business, or place of employment | 489 |
of the complainant, the
alleged victim, or the family or
household | 490 |
member, the order shall state clearly that the order cannot be | 491 |
waived or nullified by an invitation to the alleged offender from | 492 |
the
complainant, alleged victim, or family or household
member to | 493 |
enter the residence, school,
business, or place of employment or | 494 |
by the alleged offender's entry into one
of those places otherwise | 495 |
upon the consent of the complainant,
alleged victim, or family or | 496 |
household member. | 497 |
(D)(1) Upon the filing of a complaint that alleges a | 506 |
violation of section 2919.25 of the Revised Code, a violation of a | 507 |
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 a | 511 |
family or household
member at the time of the violation, or a | 512 |
violation of a municipal ordinance
that is substantially similar | 513 |
to section 2903.13, 2903.211, or 2911.211 of the
Revised Code that | 514 |
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 under | 525 |
this section as an ex parte order, it shall conduct, as soon as | 526 |
possible after the issuance of the order, a hearing in the | 527 |
presence of the
alleged offender not later than the next day on | 528 |
which the court is scheduled
to conduct business after the day on | 529 |
which the alleged offender was arrested
or at the time of the | 530 |
appearance of the alleged offender pursuant to summons
to | 531 |
determine whether the order should remain in effect, be modified, | 532 |
or be
revoked. The hearing shall be conducted under the standards | 533 |
set
forth in division (C) of this section. | 534 |
(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 as | 542 |
those that were the basis of the
complaint upon which the order is | 543 |
based, notwithstanding the
fact that the order was issued by a | 544 |
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 the | 546 |
charges
against the alleged offender are pending in the court of | 547 |
common
pleas, for the period of time described in division
(E)(2) | 548 |
of this section, and the court of common pleas has exclusive | 549 |
jurisdiction to modify the order issued by the municipal court or | 550 |
county
court.
This
division applies when the alleged offender is | 551 |
bound over to the
court of common pleas as a result of the person | 552 |
waiving a
preliminary hearing on the felony charge, as a result of | 553 |
the
municipal court or county court having determined at a | 554 |
preliminary hearing that there is probable cause to believe that | 555 |
the felony has been committed and that the alleged offender | 556 |
committed it, as a result of the alleged offender having been | 557 |
indicted for the felony, or in any other manner. | 558 |
(G)(1) A copy of any temporary protection order that is | 584 |
issued under this section shall be issued by the court to the | 585 |
complainant, to the alleged victim, to the person who requested | 586 |
the
order, to the defendant, and to all law enforcement
agencies | 587 |
that have jurisdiction to enforce the order. The court
shall | 588 |
direct that a copy of the order be delivered to the
defendant on | 589 |
the same day that the order is entered. If a municipal court
or a | 590 |
county court issues a temporary
protection order under this | 591 |
section and if, subsequent to the
issuance of the order, the | 592 |
defendant who is the subject of the
order is bound over to the | 593 |
court of common pleas for prosecution
as described in division | 594 |
(D)(4)
of this section, the municipal court or county court shall | 595 |
direct that a copy of the order be delivered to the court of | 596 |
common pleas to which the defendant is bound over. | 597 |
(3) A complainant, alleged victim, or other person who | 603 |
obtains
a temporary protection
order under this section may | 604 |
provide notice of the issuance of
the temporary protection order | 605 |
to the judicial and law
enforcement officials in any county other | 606 |
than the county in
which the order is issued by registering that | 607 |
order in the other
county in accordance with division (N) of | 608 |
section 3113.31
of the Revised Code and filing a copy of the | 609 |
registered protection order with a law enforcement agency in the | 610 |
other county in accordance with that division. | 611 |
(b) The court determines that both the
complainant, alleged | 640 |
victim, or other family or household
member
in question who
would | 641 |
be required under the order to do or refrain from doing the
act | 642 |
and the defendant acted primarily as aggressors, that neither
the | 643 |
complainant, alleged victim, or other family or
household member | 644 |
in question
who would be required under the order to do or refrain | 645 |
from doing
the act nor the defendant acted primarily in | 646 |
self-defense, and,
in accordance with the standards and criteria | 647 |
of this section as
applied in relation to the separate complaint | 648 |
filed by the
defendant, that it should issue the order to require | 649 |
the
complainant, alleged victim, or other family or household | 650 |
member in question to do
or refrain from doing the act. | 651 |
(J) Notwithstanding any provision of law to the
contrary
and | 652 |
regardless of whether a protection order is issued or a consent | 653 |
agreement is approved by a court of
another county or a court of | 654 |
another state, no
court
or unit of state or local government shall | 655 |
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 |
(b)(3) If the offender previously has been convicted
of or | 678 |
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,
or | 681 |
2911.211 of the Revised Code that involved the same
person who is | 682 |
the
subject of the protection order or consent agreement, or | 683 |
previously has been
convicted
of or pleaded guilty to one or more | 684 |
violations of this section, violating a
protection order
is a | 685 |
felony of the fifth degree. | 686 |
(b) If the offender previously has been convicted of or | 692 |
pleaded
guilty to two or more violations of this section or of | 693 |
former section
2919.27 of the Revised Code involving a
protection | 694 |
order issued pursuant to section 2903.213 or 2903.214 of the | 695 |
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
same | 697 |
person who is the subject of the protection
order, or two or more | 698 |
violations of section 2903.214 of the Revised Code
as it existed | 699 |
prior to
July 1, 1996,
violating a protection order is a felony of | 700 |
the fifth degree. | 701 |
(D) As used in this
section, "protection order issued by a | 711 |
court of another state"
means an injunction or another order | 712 |
issued by a criminal
court of another state for the purpose of | 713 |
preventing violent or
threatening acts or harassment against, | 714 |
contact or communication
with, or physical proximity to another | 715 |
person, including a
temporary order, and means an injunction or | 716 |
order of that nature issued by a
civil court of another state, | 717 |
including a temporary order and a final order
issued in an | 718 |
independent action or as a pendente lite order in a proceeding
for | 719 |
other relief,
if the court issued it in response to a complaint, | 720 |
petition, or
motion filed by or on behalf of a person seeking | 721 |
protection.
"Protection order issued by a court of another state" | 722 |
does not
include an order for support or for custody of a child | 723 |
issued pursuant to the divorce and child custody laws of another | 724 |
state, except to the extent that the order for support or for | 725 |
custody of a child is entitled to full faith and credit under the | 726 |
laws of the United States. | 727 |