As Introduced

127th General Assembly Regular Session 2007-2008

H. B. No. 395

Representative Hughes 

Cosponsors: Representatives Flowers, Wagoner, Evans, Yuko, Williams, S. 

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A BILL

To amend sections 2903.214, 3105.171, and 3113.31

1

and to enact section 3113.311 of the Revised Code

2

to provide a procedure for the return of personal

3

property held by a law enforcement agency upon

4

the expiration or termination of a protection

5

order and to generally exclude a spouse's social

6

security benefits from a divorce court's

7

jurisdiction.

8

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

Section 1. That sections 2903.214, 3105.171, and 3113.31 be	9
amended and section 3113.311 of the Revised Code be enacted to	10
read as follows:	11

Sec. 2903.214.  (A) As used in this section:

12

(1) "Court" means the court of common pleas of the county in	13
which the person to be protected by the protection order resides.	14

(2) "Victim advocate" means a person who provides support and	15
assistance for a person who files a petition under this section.	16

(3) "Family or household member" has the same meaning as in	17
section 3113.31 of the Revised Code.	18

(4) "Protection order issued by a court of another state" has	19
the same meaning as in section 2919.27 of the Revised Code.	20

(5) "Sexually oriented offense" has the same meaning as in	21
section 2950.01 of the Revised Code.	22

(B) The court has jurisdiction over all proceedings under	23
this section.	24

(C) A person may seek relief under this section for the	25
person, or any parent or adult household member may seek relief	26
under this section on behalf of any other family or household	27
member, by filing a petition with the court. The petition shall	28
contain or state both of the following:	29

(1) An allegation that the respondent engaged in a violation	30
of section 2903.211 of the Revised Code against the person to be	31
protected by the protection order or committed a sexually oriented	32
offense against the person to be protected by the protection	33
order, including a description of the nature and extent of the	34
violation;	35

(2) A request for relief under this section.

36

(D)(1) If a person who files a petition pursuant to this	37
section requests an ex parte order, the court shall hold an ex	38
parte hearing as soon as possible after the petition is filed, but	39
not later than the next day that the court is in session after the	40
petition is filed. The court, for good cause shown at the ex	41
parte hearing, may enter any temporary orders, with or without	42
bond, that the court finds necessary for the safety and protection	43
of the person to be protected by the order. Immediate and present	44
danger to the person to be protected by the protection order	45
constitutes good cause for purposes of this section. Immediate and	46
present danger includes, but is not limited to, situations in	47
which the respondent has threatened the person to be protected by	48
the protection order with bodily harm or in which the respondent	49
previously has been convicted of or pleaded guilty to a violation	50
of section 2903.211 of the Revised Code or a sexually oriented	51
offense against the person to be protected by the protection	52
order.	53

(2)(a) If the court, after an ex parte hearing, issues a	54
protection order described in division (E) of this section, the	55
court shall schedule a full hearing for a date that is within ten	56
court days after the ex parte hearing. The court shall give the	57
respondent notice of, and an opportunity to be heard at, the full	58
hearing. The court shall hold the full hearing on the date	59
scheduled under this division unless the court grants a	60
continuance of the hearing in accordance with this division. Under	61
any of the following circumstances or for any of the following	62
reasons, the court may grant a continuance of the full hearing to	63
a reasonable time determined by the court:	64

(i) Prior to the date scheduled for the full hearing under	65
this division, the respondent has not been served with the	66
petition filed pursuant to this section and notice of the full	67
hearing.	68

(ii) The parties consent to the continuance.

69

(iii) The continuance is needed to allow a party to obtain	70
counsel.	71

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

72

(b) An ex parte order issued under this section does not	73
expire because of a failure to serve notice of the full hearing	74
upon the respondent before the date set for the full hearing under	75
division (D)(2)(a) of this section or because the court grants a	76
continuance under that division.	77

(3) If a person who files a petition pursuant to this section	78
does not request an ex parte order, or if a person requests an ex	79
parte order but the court does not issue an ex parte order after	80
an ex parte hearing, the court shall proceed as in a normal civil	81
action and grant a full hearing on the matter.	82

(E)(1) After an ex parte or full hearing, the court may issue	83
any protection order, with or without bond, that contains terms	84
designed to ensure the safety and protection of the person to be	85
protected by the protection order, including, but not limited to,	86
a requirement that the respondent refrain from entering the	87
residence, school, business, or place of employment of the	88
petitioner or family or household member. If the court includes a	89
requirement that the respondent refrain from entering the	90
residence, school, business, or place of employment of the	91
petitioner or family or household member in the order, it also	92
shall include in the order provisions of the type described in	93
division (E)(5) of this section.	94

(2)(a) Any protection order issued pursuant to this section	95
shall be valid until a date certain but not later than five years	96
from the date of its issuance.	97

(b) Any protection order issued pursuant to this section may	98
be renewed in the same manner as the original order was issued.	99

(3) A court may not issue a protection order that requires a	100
petitioner to do or to refrain from doing an act that the court	101
may require a respondent to do or to refrain from doing under	102
division (E)(1) of this section unless all of the following apply:	103

(a) The respondent files a separate petition for a protection	104
order in accordance with this section.	105

(b) The petitioner is served with notice of the respondent's	106
petition at least forty-eight hours before the court holds a	107
hearing with respect to the respondent's petition, or the	108
petitioner waives the right to receive this notice.	109

(c) If the petitioner has requested an ex parte order	110
pursuant to division (D) of this section, the court does not delay	111
any hearing required by that division beyond the time specified in	112
that division in order to consolidate the hearing with a hearing	113
on the petition filed by the respondent.	114

(d) After a full hearing at which the respondent presents	115
evidence in support of the request for a protection order and the	116
petitioner is afforded an opportunity to defend against that	117
evidence, the court determines that the petitioner has committed a	118
violation of section 2903.211 of the Revised Code against the	119
person to be protected by the protection order issued pursuant to	120
this section, has committed a sexually oriented offense against	121
the person to be protected by the protection order, or has	122
violated a protection order issued pursuant to section 2903.213 of	123
the Revised Code relative to the person to be protected by the	124
protection order issued pursuant to this section.	125

(4) No protection order issued pursuant to this section shall	126
in any manner affect title to any real property.	127

(5)(a) If the court issues a protection order under this	128
section that includes a requirement that the alleged offender	129
refrain from entering the residence, school, business, or place of	130
employment of the petitioner or a family or household member, the	131
order shall clearly state that the order cannot be waived or	132
nullified by an invitation to the alleged offender from the	133
complainant to enter the residence, school, business, or place of	134
employment or by the alleged offender's entry into one of those	135
places otherwise upon the consent of the petitioner or family or	136
household member.	137

(b) Division (E)(5)(a) of this section does not limit any	138
discretion of a court to determine that an alleged offender	139
charged with a violation of section 2919.27 of the Revised Code,	140
with a violation of a municipal ordinance substantially equivalent	141
to that section, or with contempt of court, which charge is based	142
on an alleged violation of a protection order issued under this	143
section, did not commit the violation or was not in contempt of	144
court.	145

(6) Upon the issuance of an ex parte or final protection	146
order under this section, the court shall provide the parties to	147
the order with the following notice:	148

"NOTICE	149

Any personal property received, confiscated, or otherwise	150
obtained by a law enforcement agency pursuant to this protection	151
order may only be returned if you file a written request under	152
section 3113.311 of the Revised Code that includes your name,	153
address, and a telephone number, if any, with the law enforcement	154
agency not later than sixty (60) days after the expiration or	155
other termination of this protection order. Termination of the	156
protection order includes a dismissal of the petition for the	157
protection order. If the property involved is a firearm, you must	158
include an affidavit with your written request stating that you	159
are not under any state or federal firearm disability. Failure to	160
file a timely written request will result in disposal of the	161
property."	162

(F)(1) The court shall cause the delivery of a copy of any	163
protection order that is issued under this section to the	164
petitioner, to the respondent, and to all law enforcement agencies	165
that have jurisdiction to enforce the order. The court shall	166
direct that a copy of the order be delivered to the respondent on	167
the same day that the order is entered.	168

(2) All law enforcement agencies shall establish and maintain	169
an index for the protection orders delivered to the agencies	170
pursuant to division (F)(1) of this section. With respect to each	171
order delivered, each agency shall note on the index the date and	172
time that it received the order.	173

(3) Regardless of whether the petitioner has registered the	174
protection order in the county in which the officer's agency has	175
jurisdiction pursuant to division (M) of this section, any officer	176
of a law enforcement agency shall enforce a protection order	177
issued pursuant to this section by any court in this state in	178
accordance with the provisions of the order, including removing	179
the respondent from the premises, if appropriate.	180

(G) Any proceeding under this section shall be conducted in	181
accordance with the Rules of Civil Procedure, except that a	182
protection order may be obtained under this section with or	183
without bond. An order issued under this section, other than an	184
ex parte order, that grants a protection order, or that refuses to	185
grant a protection order, is a final, appealable order. The	186
remedies and procedures provided in this section are in addition	187
to, and not in lieu of, any other available civil or criminal	188
remedies.	189

(H) The filing of proceedings under this section does not	190
excuse a person from filing any report or giving any notice	191
required by section 2151.421 of the Revised Code or by any other	192
law.	193

(I) Any law enforcement agency that investigates an alleged	194
violation of section 2903.211 of the Revised Code or an alleged	195
commission of a sexually oriented offense shall provide	196
information to the victim and the family or household members of	197
the victim regarding the relief available under this section and	198
section 2903.213 of the Revised Code.	199

(J) Notwithstanding any provision of law to the contrary and	200
regardless of whether a protection order is issued or a consent	201
agreement is approved by a court of another county or by a court	202
of another state, no court or unit of state or local government	203
shall charge any fee, cost, deposit, or money in connection with	204
the filing of a petition pursuant to this section, in connection	205
with the filing, issuance, registration, or service of a	206
protection order or consent agreement, or for obtaining a	207
certified copy of a protection order or consent agreement.	208

(K)(1) A person who violates a protection order issued under	209
this section is subject to the following sanctions:	210

(a) Criminal prosecution for a violation of section 2919.27	211
of the Revised Code, if the violation of the protection order	212
constitutes a violation of that section;	213

(b) Punishment for contempt of court.

214

(2) The punishment of a person for contempt of court for	215
violation of a protection order issued under this section does not	216
bar criminal prosecution of the person for a violation of section	217
2919.27 of the Revised Code. However, a person punished for	218
contempt of court is entitled to credit for the punishment imposed	219
upon conviction of a violation of that section, and a person	220
convicted of a violation of that section shall not subsequently be	221
punished for contempt of court arising out of the same activity.	222

(L) In all stages of a proceeding under this section, a	223
petitioner may be accompanied by a victim advocate.	224

(M)(1) A petitioner who obtains a protection order under this	225
section or a protection order under section 2903.213 of the	226
Revised Code may provide notice of the issuance or approval of the	227
order to the judicial and law enforcement officials in any county	228
other than the county in which the order is issued by registering	229
that order in the other county pursuant to division (M)(2) of this	230
section and filing a copy of the registered order with a law	231
enforcement agency in the other county in accordance with that	232
division. A person who obtains a protection order issued by a	233
court of another state may provide notice of the issuance of the	234
order to the judicial and law enforcement officials in any county	235
of this state by registering the order in that county pursuant to	236
section 2919.272 of the Revised Code and filing a copy of the	237
registered order with a law enforcement agency in that county.	238

(2) A petitioner may register a protection order issued	239
pursuant to this section or section 2903.213 of the Revised Code	240
in a county other than the county in which the court that issued	241
the order is located in the following manner:	242

(a) The petitioner shall obtain a certified copy of the order	243
from the clerk of the court that issued the order and present that	244
certified copy to the clerk of the court of common pleas or the	245
clerk of a municipal court or county court in the county in which	246
the order is to be registered.	247

(b) Upon accepting the certified copy of the order for	248
registration, the clerk of the court of common pleas, municipal	249
court, or county court shall place an endorsement of registration	250
on the order and give the petitioner a copy of the order that	251
bears that proof of registration.	252

(3) The clerk of each court of common pleas, municipal court,	253
or county court shall maintain a registry of certified copies of	254
protection orders that have been issued by courts in other	255
counties pursuant to this section or section 2903.213 of the	256
Revised Code and that have been registered with the clerk.	257

(N) Upon the expiration or other termination of an ex parte	258
or final protection order issued under this section, any personal	259
property of a party to the protection order that is held by a law	260
enforcement agency pursuant to the terms of that protection order	261
shall be dealt with as provided in section 3113.311 of the Revised	262
Code. As used in this division, "termination of an ex parte or	263
final protection order" includes the dismissal of a petition for a	264
protection order filed under this section.	265

Sec. 3105.171.  (A) As used in this section:

266

(1) "Distributive award" means any payment or payments, in	267
real or personal property, that are payable in a lump sum or over	268
time, in fixed amounts, that are made from separate property or	269
income, and that are not made from marital property and do not	270
constitute payments of spousal support, as defined in section	271
3105.18 of the Revised Code.	272

(2) "During the marriage" means whichever of the following is	273
applicable:	274

(a) Except as provided in division (A)(2)(b) of this section,	275
the period of time from the date of the marriage through the date	276
of the final hearing in an action for divorce or in an action for	277
legal separation;	278

(b) If the court determines that the use of either or both of	279
the dates specified in division (A)(2)(a) of this section would be	280
inequitable, the court may select dates that it considers	281
equitable in determining marital property. If the court selects	282
dates that it considers equitable in determining marital property,	283
"during the marriage" means the period of time between those dates	284
selected and specified by the court.	285

(3)(a) "Marital property" means, subject to division	286
(A)(3)(b) of this section, all of the following:	287

(i) All real and personal property that currently is owned by	288
either or both of the spouses, including, but not limited to, the	289
retirement benefits of the spouses, and that was acquired by	290
either or both of the spouses during the marriage;	291

(ii) All interest that either or both of the spouses	292
currently has in any real or personal property, including, but not	293
limited to, the retirement benefits of the spouses, and that was	294
acquired by either or both of the spouses during the marriage;	295

(iii) Except as otherwise provided in this section, all	296
income and appreciation on separate property, due to the labor,	297
monetary, or in-kind contribution of either or both of the spouses	298
that occurred during the marriage;	299

(iv) A participant account, as defined in section 148.01 of	300
the Revised Code, of either of the spouses, to the extent of the	301
following: the moneys that have been deferred by a continuing	302
member or participating employee, as defined in that section, and	303
that have been transmitted to the Ohio public employees deferred	304
compensation board during the marriage and any income that is	305
derived from the investment of those moneys during the marriage;	306
the moneys that have been deferred by an officer or employee of a	307
municipal corporation and that have been transmitted to the	308
governing board, administrator, depository, or trustee of the	309
deferred compensation program of the municipal corporation during	310
the marriage and any income that is derived from the investment of	311
those moneys during the marriage; or the moneys that have been	312
deferred by an officer or employee of a government unit, as	313
defined in section 148.06 of the Revised Code, and that have been	314
transmitted to the governing board, as defined in that section,	315
during the marriage and any income that is derived from the	316
investment of those moneys during the marriage.	317

(b) "Marital property" does not include any separate	318
property.	319

(4) "Passive income" means income acquired other than as a	320
result of the labor, monetary, or in-kind contribution of either	321
spouse.	322

(5) "Personal property" includes both tangible and intangible	323
personal property.	324

(6)(a) "Separate property" means all real and personal	325
property and any interest in real or personal property that is	326
found by the court to be any of the following:	327

(i) An inheritance by one spouse by bequest, devise, or	328
descent during the course of the marriage;	329

(ii) Any real or personal property or interest in real or	330
personal property that was acquired by one spouse prior to the	331
date of the marriage;	332

(iii) Passive income and appreciation acquired from separate	333
property by one spouse during the marriage;	334

(iv) Any real or personal property or interest in real or	335
personal property acquired by one spouse after a decree of legal	336
separation issued under section 3105.17 of the Revised Code;	337

(v) Any real or personal property or interest in real or	338
personal property that is excluded by a valid antenuptial	339
agreement;	340

(vi) Compensation to a spouse for the spouse's personal	341
injury, except for loss of marital earnings and compensation for	342
expenses paid from marital assets;	343

(vii) Any gift of any real or personal property or of an	344
interest in real or personal property that is made after the date	345
of the marriage and that is proven by clear and convincing	346
evidence to have been given to only one spouse.	347

(b) The commingling of separate property with other property	348
of any type does not destroy the identity of the separate property	349
as separate property, except when the separate property is not	350
traceable.	351

(B) In divorce proceedings, the court shall, and in legal	352
separation proceedings upon the request of either spouse, the	353
court may, determine what constitutes marital property and what	354
constitutes separate property. In either case, upon making such a	355
determination, the court shall divide the marital and separate	356
property equitably between the spouses, in accordance with this	357
section. For purposes of this section, the court has jurisdiction	358
over all property, excluding the social security benefits of a	359
spouse other than as set forth in division (F)(9) of this section,	360
in which one or both spouses have an interest.	361

(C)(1) Except as provided in this division or division (E) of	362
this section, the division of marital property shall be equal. If	363
an equal division of marital property would be inequitable, the	364
court shall not divide the marital property equally but instead	365
shall divide it between the spouses in the manner the court	366
determines equitable. In making a division of marital property,	367
the court shall consider all relevant factors, including those set	368
forth in division (F) of this section.	369

(2) Each spouse shall be considered to have contributed	370
equally to the production and acquisition of marital property.	371

(3) The court shall provide for an equitablea division of	372
marital property under this section prior to making any award of	373
spousal support to either spouse under section 3105.18 of the	374
Revised Code and without regard to any spousal support so awarded.	375

(4) If the marital property includes a participant account,	376
as defined in section 148.01 of the Revised Code, the court shall	377
not order the division or disbursement of the moneys and income	378
described in division (A)(3)(a)(iv) of this section to occur in a	379
manner that is inconsistent with the law, rules, or plan governing	380
the deferred compensation program involved or prior to the time	381
that the spouse in whose name the participant account is	382
maintained commences receipt of the moneys and income credited to	383
the account in accordance with that law, rules, and plan.	384

(D) Except as otherwise provided in division (E) of this	385
section or by another provision of this section, the court shall	386
disburse a spouse's separate property to that spouse. If a court	387
does not disburse a spouse's separate property to that spouse, the	388
court shall make written findings of fact that explain the factors	389
that it considered in making its determination that the spouse's	390
separate property should not be disbursed to that spouse.	391

(E)(1) The court may make a distributive award to facilitate,	392
effectuate, or supplement a division of marital property. The	393
court may require any distributive award to be secured by a lien	394
on the payor's specific marital property or separate property.	395

(2) The court may make a distributive award in lieu of a	396
division of marital property in order to achieve equity between	397
the spouses, if the court determines that a division of the	398
marital property in kind or in money would be impractical or	399
burdensome.	400

(3) If a spouse has engaged in financial misconduct,	401
including, but not limited to, the dissipation, destruction,	402
concealment, or fraudulent disposition of assets, the court may	403
compensate the offended spouse with a distributive award or with a	404
greater award of marital property.	405

(F) In making a division of marital property and in	406
determining whether to make and the amount of any distributive	407
award under this section, the court shall consider all of the	408
following factors:	409

(1) The duration of the marriage;

410

(2) The assets and liabilities of the spouses;

411

(3) The desirability of awarding the family home, or the	412
right to reside in the family home for reasonable periods of time,	413
to the spouse with custody of the children of the marriage;	414

(4) The liquidity of the property to be distributed;

415

(5) The economic desirability of retaining intact an asset or	416
an interest in an asset;	417

(6) The tax consequences of the property division upon the	418
respective awards to be made to each spouse;	419

(7) The costs of sale, if it is necessary that an asset be	420
sold to effectuate an equitable distribution of property;	421

(8) Any division or disbursement of property made in a	422
separation agreement that was voluntarily entered into by the	423
spouses;	424

(9) Any retirement benefits of the spouses, excluding the	425
social security benefits of a spouse except as may be relevant for	426
purposes of dividing a public pension;	427

(10) Any other factor that the court expressly finds to be	428
relevant and equitable.	429

(G) In any order for the division or disbursement of property	430
or a distributive award made pursuant to this section, the court	431
shall make written findings of fact that support the determination	432
that the marital property has been equitably divided and shall	433
specify the dates it used in determining the meaning of "during	434
the marriage."	435

(H) Except as otherwise provided in this section, the holding	436
of title to property by one spouse individually or by both spouses	437
in a form of co-ownership does not determine whether the property	438
is marital property or separate property.	439

(I) A division or disbursement of property or a distributive	440
award made under this section is not subject to future	441
modification by the court.	442

(J) The court may issue any orders under this section that it	443
determines equitable, including, but not limited to, either of the	444
following types of orders:	445

(1) An order granting a spouse the right to use the marital	446
dwelling or any other marital property or separate property for	447
any reasonable period of time;	448

(2) An order requiring the sale or encumbrancing of any real	449
or personal property, with the proceeds from the sale and the	450
funds from any loan secured by the encumbrance to be applied as	451
determined by the court.	452

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

453

(1) "Domestic violence" means the occurrence of one or more	454
of the following acts against a family or household member:	455

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

456

(b) Placing another person by the threat of force in fear of	457
imminent serious physical harm or committing a violation of	458
section 2903.211 or 2911.211 of the Revised Code;	459

(c) Committing any act with respect to a child that would	460
result in the child being an abused child, as defined in section	461
2151.031 of the Revised Code;	462

(d) Committing a sexually oriented offense.

463

(2) "Court" means the domestic relations division of the	464
court of common pleas in counties that have a domestic relations	465
division, and the court of common pleas in counties that do not	466
have a domestic relations division.	467

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

468

(a) Any of the following who is residing with or has resided	469
with the respondent:	470

(i) A spouse, a person living as a spouse, or a former spouse	471
of the respondent;	472

(ii) A parent or a child of the respondent, or another person	473
related by consanguinity or affinity to the respondent;	474

(iii) A parent or a child of a spouse, person living as a	475
spouse, or former spouse of the respondent, or another person	476
related by consanguinity or affinity to a spouse, person living as	477
a spouse, or former spouse of the respondent.	478

(b) The natural parent of any child of whom the respondent is	479
the other natural parent or is the putative other natural parent.	480

(4) "Person living as a spouse" means a person who is living	481
or has lived with the respondent in a common law marital	482
relationship, who otherwise is cohabiting with the respondent, or	483
who otherwise has cohabited with the respondent within five years	484
prior to the date of the alleged occurrence of the act in	485
question.	486

(5) "Victim advocate" means a person who provides support and	487
assistance for a person who files a petition under this section.	488

(6) "Sexually oriented offense" has the same meaning as in	489
section 2950.01 of the Revised Code.	490

(B) The court has jurisdiction over all proceedings under	491
this section. The petitioner's right to relief under this section	492
is not affected by the petitioner's leaving the residence or	493
household to avoid further domestic violence.	494

(C) A person may seek relief under this section on the	495
person's own behalf, or any parent or adult household member may	496
seek relief under this section on behalf of any other family or	497
household member, by filing a petition with the court. The	498
petition shall contain or state:	499

(1) An allegation that the respondent engaged in domestic	500
violence against a family or household member of the respondent,	501
including a description of the nature and extent of the domestic	502
violence;	503

(2) The relationship of the respondent to the petitioner, and	504
to the victim if other than the petitioner;	505

(3) A request for relief under this section.

506

(D)(1) If a person who files a petition pursuant to this	507
section requests an ex parte order, the court shall hold an ex	508
parte hearing on the same day that the petition is filed. The	509
court, for good cause shown at the ex parte hearing, may enter any	510
temporary orders, with or without bond, including, but not limited	511
to, an order described in division (E)(1)(a), (b), or (c) of this	512
section, that the court finds necessary to protect the family or	513
household member from domestic violence. Immediate and present	514
danger of domestic violence to the family or household member	515
constitutes good cause for purposes of this section. Immediate and	516
present danger includes, but is not limited to, situations in	517
which the respondent has threatened the family or household member	518
with bodily harm, in which the respondent has threatened the	519
family or household member with a sexually oriented offense, or in	520
which the respondent previously has been convicted of or pleaded	521
guilty to an offense that constitutes domestic violence against	522
the family or household member.	523

(2)(a) If the court, after an ex parte hearing, issues an	524
order described in division (E)(1)(b) or (c) of this section, the	525
court shall schedule a full hearing for a date that is within	526
seven court days after the ex parte hearing. If any other type of	527
protection order that is authorized under division (E) of this	528
section is issued by the court after an ex parte hearing, the	529
court shall schedule a full hearing for a date that is within ten	530
court days after the ex parte hearing. The court shall give the	531
respondent notice of, and an opportunity to be heard at, the full	532
hearing. The court shall hold the full hearing on the date	533
scheduled under this division unless the court grants a	534
continuance of the hearing in accordance with this division. Under	535
any of the following circumstances or for any of the following	536
reasons, the court may grant a continuance of the full hearing to	537
a reasonable time determined by the court:	538

(i) Prior to the date scheduled for the full hearing under	539
this division, the respondent has not been served with the	540
petition filed pursuant to this section and notice of the full	541
hearing.	542

(ii) The parties consent to the continuance.

543

(iii) The continuance is needed to allow a party to obtain	544
counsel.	545

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

546

(b) An ex parte order issued under this section does not	547
expire because of a failure to serve notice of the full hearing	548
upon the respondent before the date set for the full hearing under	549
division (D)(2)(a) of this section or because the court grants a	550
continuance under that division.	551

(3) If a person who files a petition pursuant to this section	552
does not request an ex parte order, or if a person requests an ex	553
parte order but the court does not issue an ex parte order after	554
an ex parte hearing, the court shall proceed as in a normal civil	555
action and grant a full hearing on the matter.	556

(E)(1) After an ex parte or full hearing, the court may grant	557
any protection order, with or without bond, or approve any consent	558
agreement to bring about a cessation of domestic violence against	559
the family or household members. The order or agreement may:	560

(a) Direct the respondent to refrain from abusing or from	561
committing sexually oriented offenses against the family or	562
household members;	563

(b) Grant possession of the residence or household to the	564
petitioner or other family or household member, to the exclusion	565
of the respondent, by evicting the respondent, when the residence	566
or household is owned or leased solely by the petitioner or other	567
family or household member, or by ordering the respondent to	568
vacate the premises, when the residence or household is jointly	569
owned or leased by the respondent, and the petitioner or other	570
family or household member;	571

(c) When the respondent has a duty to support the petitioner	572
or other family or household member living in the residence or	573
household and the respondent is the sole owner or lessee of the	574
residence or household, grant possession of the residence or	575
household to the petitioner or other family or household member,	576
to the exclusion of the respondent, by ordering the respondent to	577
vacate the premises, or, in the case of a consent agreement, allow	578
the respondent to provide suitable, alternative housing;	579

(d) Temporarily allocate parental rights and responsibilities	580
for the care of, or establish temporary parenting time rights with	581
regard to, minor children, if no other court has determined, or is	582
determining, the allocation of parental rights and	583
responsibilities for the minor children or parenting time rights;	584

(e) Require the respondent to maintain support, if the	585
respondent customarily provides for or contributes to the support	586
of the family or household member, or if the respondent has a duty	587
to support the petitioner or family or household member;	588

(f) Require the respondent, petitioner, victim of domestic	589
violence, or any combination of those persons, to seek counseling;	590

(g) Require the respondent to refrain from entering the	591
residence, school, business, or place of employment of the	592
petitioner or family or household member;	593

(h) Grant other relief that the court considers equitable and	594
fair, including, but not limited to, ordering the respondent to	595
permit the use of a motor vehicle by the petitioner or other	596
family or household member and the apportionment of household and	597
family personal property.	598

(2) If a protection order has been issued pursuant to this	599
section in a prior action involving the respondent and the	600
petitioner or one or more of the family or household members or	601
victims, the court may include in a protection order that it	602
issues a prohibition against the respondent returning to the	603
residence or household. If it includes a prohibition against the	604
respondent returning to the residence or household in the order,	605
it also shall include in the order provisions of the type	606
described in division (E)(7) of this section. This division does	607
not preclude the court from including in a protection order or	608
consent agreement, in circumstances other than those described in	609
this division, a requirement that the respondent be evicted from	610
or vacate the residence or household or refrain from entering the	611
residence, school, business, or place of employment of the	612
petitioner or a family or household member, and, if the court	613
includes any requirement of that type in an order or agreement,	614
the court also shall include in the order provisions of the type	615
described in division (E)(7) of this section.	616

(3)(a) Any protection order issued or consent agreement	617
approved under this section shall be valid until a date certain,	618
but not later than five years from the date of its issuance or	619
approval unless modified or terminated as provided in division	620
(E)(8) of this section.	621

(b) Subject to the limitation on the duration of an order or	622
agreement set forth in division (E)(3)(a) of this section, any	623
order under division (E)(1)(d) of this section shall terminate on	624
the date that a court in an action for divorce, dissolution of	625
marriage, or legal separation brought by the petitioner or	626
respondent issues an order allocating parental rights and	627
responsibilities for the care of children or on the date that a	628
juvenile court in an action brought by the petitioner or	629
respondent issues an order awarding legal custody of minor	630
children. Subject to the limitation on the duration of an order or	631
agreement set forth in division (E)(3)(a) of this section, any	632
order under division (E)(1)(e) of this section shall terminate on	633
the date that a court in an action for divorce, dissolution of	634
marriage, or legal separation brought by the petitioner or	635
respondent issues a support order or on the date that a juvenile	636
court in an action brought by the petitioner or respondent issues	637
a support order.	638

(c) Any protection order issued or consent agreement approved	639
pursuant to this section may be renewed in the same manner as the	640
original order or agreement was issued or approved.	641

(d) Upon the issuance of an ex parte or final protection	642
order or the approval of a consent agreement under this section,	643
the court shall provide the parties to the order or agreement with	644
the following notice:	645

"NOTICE	646

Any personal property received, confiscated, or otherwise	647
obtained by a law enforcement agency pursuant to this protection	648
order (or consent agreement) may only be returned if you file a	649
written request under section 3113.311 of the Revised Code that	650
includes your name, address, and a telephone number, if any, with	651
the law enforcement agency not later than sixty (60) days after	652
the expiration or other termination of this protection order (or	653
consent agreement). Termination of the protection order includes a	654
dismissal of the petition for the protection order. If the	655
property involved is a firearm, you must include an affidavit with	656
your written request stating that you are not under any state or	657
federal firearm disability. Failure to file a timely written	658
request will result in disposal of the property."	659

(4) A court may not issue a protection order that requires a	660
petitioner to do or to refrain from doing an act that the court	661
may require a respondent to do or to refrain from doing under	662
division (E)(1)(a), (b), (c), (d), (e), (g), or (h) of this	663
section unless all of the following apply:	664

(a) The respondent files a separate petition for a protection	665
order in accordance with this section.	666

(b) The petitioner is served notice of the respondent's	667
petition at least forty-eight hours before the court holds a	668
hearing with respect to the respondent's petition, or the	669
petitioner waives the right to receive this notice.	670

(c) If the petitioner has requested an ex parte order	671
pursuant to division (D) of this section, the court does not delay	672
any hearing required by that division beyond the time specified in	673
that division in order to consolidate the hearing with a hearing	674
on the petition filed by the respondent.	675

(d) After a full hearing at which the respondent presents	676
evidence in support of the request for a protection order and the	677
petitioner is afforded an opportunity to defend against that	678
evidence, the court determines that the petitioner has committed	679
an act of domestic violence or has violated a temporary protection	680
order issued pursuant to section 2919.26 of the Revised Code, that	681
both the petitioner and the respondent acted primarily as	682
aggressors, and that neither the petitioner nor the respondent	683
acted primarily in self-defense.	684

(5) No protection order issued or consent agreement approved	685
under this section shall in any manner affect title to any real	686
property.	687

(6)(a) If a petitioner, or the child of a petitioner, who	688
obtains a protection order or consent agreement pursuant to	689
division (E)(1) of this section or a temporary protection order	690
pursuant to section 2919.26 of the Revised Code and is the subject	691
of a parenting time order issued pursuant to section 3109.051 or	692
3109.12 of the Revised Code or a visitation or companionship order	693
issued pursuant to section 3109.051, 3109.11, or 3109.12 of the	694
Revised Code or division (E)(1)(d) of this section granting	695
parenting time rights to the respondent, the court may require the	696
public children services agency of the county in which the court	697
is located to provide supervision of the respondent's exercise of	698
parenting time or visitation or companionship rights with respect	699
to the child for a period not to exceed nine months, if the court	700
makes the following findings of fact:	701

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

702

(ii) No other person or agency is available to provide the	703
supervision.	704

(b) A court that requires an agency to provide supervision	705
pursuant to division (E)(6)(a) of this section shall order the	706
respondent to reimburse the agency for the cost of providing the	707
supervision, if it determines that the respondent has sufficient	708
income or resources to pay that cost.	709

(7)(a) If a protection order issued or consent agreement	710
approved under this section includes a requirement that the	711
respondent be evicted from or vacate the residence or household or	712
refrain from entering the residence, school, business, or place of	713
employment of the petitioner or a family or household member, the	714
order or agreement shall state clearly that the order or agreement	715
cannot be waived or nullified by an invitation to the respondent	716
from the petitioner or other family or household member to enter	717
the residence, school, business, or place of employment or by the	718
respondent's entry into one of those places otherwise upon the	719
consent of the petitioner or other family or household member.	720

(b) Division (E)(7)(a) of this section does not limit any	721
discretion of a court to determine that a respondent charged with	722
a violation of section 2919.27 of the Revised Code, with a	723
violation of a municipal ordinance substantially equivalent to	724
that section, or with contempt of court, which charge is based on	725
an alleged violation of a protection order issued or consent	726
agreement approved under this section, did not commit the	727
violation or was not in contempt of court.	728

(8)(a) The court may modify or terminate as provided in	729
division (E)(8) of this section a protection order or consent	730
agreement that was issued after a full hearing under this section.	731
The court that issued the protection order or approved the consent	732
agreement shall hear a motion for modification or termination of	733
the protection order or consent agreement pursuant to division	734
(E)(8) of this section.	735

(b) Either the petitioner or the respondent of the original	736
protection order or consent agreement may bring a motion for	737
modification or termination of a protection order or consent	738
agreement that was issued or approved after a full hearing. The	739
court shall require notice of the motion to be made as provided by	740
the Rules of Civil Procedure. If the petitioner for the original	741
protection order or consent agreement has requested that the	742
petitioner's address be kept confidential, the court shall not	743
disclose the address to the respondent of the original protection	744
order or consent agreement or any other person, except as	745
otherwise required by law. The moving party has the burden of	746
proof to show, by a preponderance of the evidence, that	747
modification or termination of the protection order or consent	748
agreement is appropriate because either the protection order or	749
consent agreement is no longer needed or because the terms of the	750
original protection order or consent agreement are no longer	751
appropriate.	752

(c) In considering whether to modify or terminate a	753
protection order or consent agreement issued or approved under	754
this section, the court shall consider all relevant factors,	755
including, but not limited to, the following:	756

(i) Whether the petitioner consents to modification or	757
termination of the protection order or consent agreement;	758

(ii) Whether the petitioner fears the respondent;

759

(iii) The current nature of the relationship between the	760
petitioner and the respondent;	761

(iv) The circumstances of the petitioner and respondent,	762
including the relative proximity of the petitioner's and	763
respondent's workplaces and residences and whether the petitioner	764
and respondent have minor children together;	765

(v) Whether the respondent has complied with the terms and	766
conditions of the original protection order or consent agreement;	767

(vi) Whether the respondent has a continuing involvement with	768
illegal drugs or alcohol;	769

(vii) Whether the respondent has been convicted of or pleaded	770
guilty to an offense of violence since the issuance of the	771
protection order or approval of the consent agreement;	772

(viii) Whether any other protection orders, consent	773
agreements, restraining orders, or no contact orders have been	774
issued against the respondent pursuant to this section, section	775
2919.26 of the Revised Code, any other provision of state law, or	776
the law of any other state;	777

(ix) Whether the respondent has participated in any domestic	778
violence treatment, intervention program, or other counseling	779
addressing domestic violence and whether the respondent has	780
completed the treatment, program, or counseling;	781

(x) The time that has elapsed since the protection order was	782
issued or since the consent agreement was approved;	783

(xi) The age and health of the respondent;

784

(xii) When the last incident of abuse, threat of harm, or	785
commission of a sexually oriented offense occurred or other	786
relevant information concerning the safety and protection of the	787
petitioner or other protected parties.	788

(d) If a protection order or consent agreement is modified or	789
terminated as provided in division (E)(8) of this section, the	790
court shall issue copies of the modified or terminated order or	791
agreement as provided in division (F) of this section. A	792
petitioner may also provide notice of the modification or	793
termination to the judicial and law enforcement officials in any	794
county other than the county in which the order or agreement is	795
modified or terminated as provided in division (N) of this	796
section.	797

(e) If the respondent moves for modification or termination	798
of a protection order or consent agreement pursuant to this	799
section, the court may assess costs against the respondent for the	800
filing of the motion.	801

(9) Upon the expiration or other termination of an ex parte	802
or final protection order issued under this section, or the	803
expiration or other termination of a consent agreement approved	804
under this section, any personal property of a party to the	805
protection order or consent agreement that is held by a law	806
enforcement agency pursuant to the terms of that order or	807
agreement shall be dealt with as provided in section 3113.311 of	808
the Revised Code. As used in division (E)(9) of this section,	809
"termination of an ex parte or final protection order" includes	810
the dismissal of a petition for a protection order filed under	811
this section.	812

(F)(1) A copy of any protection order, or consent agreement,	813
that is issued, approved, modified, or terminated under this	814
section shall be issued by the court to the petitioner, to the	815
respondent, and to all law enforcement agencies that have	816
jurisdiction to enforce the order or agreement. The court shall	817
direct that a copy of an order be delivered to the respondent on	818
the same day that the order is entered.	819

(2) All law enforcement agencies shall establish and maintain	820
an index for the protection orders and the approved consent	821
agreements delivered to the agencies pursuant to division (F)(1)	822
of this section. With respect to each order and consent agreement	823
delivered, each agency shall note on the index the date and time	824
that it received the order or consent agreement.	825

(3) Regardless of whether the petitioner has registered the	826
order or agreement in the county in which the officer's agency has	827
jurisdiction pursuant to division (N) of this section, any officer	828
of a law enforcement agency shall enforce a protection order	829
issued or consent agreement approved by any court in this state in	830
accordance with the provisions of the order or agreement,	831
including removing the respondent from the premises, if	832
appropriate.	833

(G) Any proceeding under this section shall be conducted in	834
accordance with the Rules of Civil Procedure, except that an order	835
under this section may be obtained with or without bond. An order	836
issued under this section, other than an ex parte order, that	837
grants a protection order or approves a consent agreement, that	838
refuses to grant a protection order or approve a consent agreement	839
that modifies or terminates a protection order or consent	840
agreement, or that refuses to modify or terminate a protection	841
order or consent agreement, is a final, appealable order. The	842
remedies and procedures provided in this section are in addition	843
to, and not in lieu of, any other available civil or criminal	844
remedies.	845

(H) The filing of proceedings under this section does not	846
excuse a person from filing any report or giving any notice	847
required by section 2151.421 of the Revised Code or by any other	848
law. When a petition under this section alleges domestic violence	849
against minor children, the court shall report the fact, or cause	850
reports to be made, to a county, township, or municipal peace	851
officer under section 2151.421 of the Revised Code.	852

(I) Any law enforcement agency that investigates a domestic	853
dispute shall provide information to the family or household	854
members involved regarding the relief available under this section	855
and section 2919.26 of the Revised Code.	856

(J) Notwithstanding any provision of law to the contrary and	857
regardless of whether a protection order is issued or a consent	858
agreement is approved by a court of another county or a court of	859
another state, no court or unit of state or local government shall	860
charge any fee, cost, deposit, or money in connection with the	861
filing of a petition pursuant to this section or in connection	862
with the filing, issuance, registration, or service of a	863
protection order or consent agreement, or for obtaining a	864
certified copy of a protection order or consent agreement.	865

(K)(1) The court shall comply with Chapters 3119., 3121.,	866
3123., and 3125. of the Revised Code when it makes or modifies an	867
order for child support under this section.	868

(2) If any person required to pay child support under an	869
order made under this section on or after April 15, 1985, or	870
modified under this section on or after December 31, 1986, is	871
found in contempt of court for failure to make support payments	872
under the order, the court that makes the finding, in addition to	873
any other penalty or remedy imposed, shall assess all court costs	874
arising out of the contempt proceeding against the person and	875
require the person to pay any reasonable attorney's fees of any	876
adverse party, as determined by the court, that arose in relation	877
to the act of contempt.	878

(L)(1) A person who violates a protection order issued or a	879
consent agreement approved under this section is subject to the	880
following sanctions:	881

(a) Criminal prosecution for a violation of section 2919.27	882
of the Revised Code, if the violation of the protection order or	883
consent agreement constitutes a violation of that section;	884

(b) Punishment for contempt of court.

885

(2) The punishment of a person for contempt of court for	886
violation of a protection order issued or a consent agreement	887
approved under this section does not bar criminal prosecution of	888
the person for a violation of section 2919.27 of the Revised Code.	889
However, a person punished for contempt of court is entitled to	890
credit for the punishment imposed upon conviction of a violation	891
of that section, and a person convicted of a violation of that	892
section shall not subsequently be punished for contempt of court	893
arising out of the same activity.	894

(M) In all stages of a proceeding under this section, a	895
petitioner may be accompanied by a victim advocate.	896

(N)(1) A petitioner who obtains a protection order or consent	897
agreement under this section or a temporary protection order under	898
section 2919.26 of the Revised Code may provide notice of the	899
issuance or approval of the order or agreement to the judicial and	900
law enforcement officials in any county other than the county in	901
which the order is issued or the agreement is approved by	902
registering that order or agreement in the other county pursuant	903
to division (N)(2) of this section and filing a copy of the	904
registered order or registered agreement with a law enforcement	905
agency in the other county in accordance with that division. A	906
person who obtains a protection order issued by a court of another	907
state may provide notice of the issuance of the order to the	908
judicial and law enforcement officials in any county of this state	909
by registering the order in that county pursuant to section	910
2919.272 of the Revised Code and filing a copy of the registered	911
order with a law enforcement agency in that county.	912

(2) A petitioner may register a temporary protection order,	913
protection order, or consent agreement in a county other than the	914
county in which the court that issued the order or approved the	915
agreement is located in the following manner:	916

(a) The petitioner shall obtain a certified copy of the order	917
or agreement from the clerk of the court that issued the order or	918
approved the agreement and present that certified copy to the	919
clerk of the court of common pleas or the clerk of a municipal	920
court or county court in the county in which the order or	921
agreement is to be registered.	922

(b) Upon accepting the certified copy of the order or	923
agreement for registration, the clerk of the court of common	924
pleas, municipal court, or county court shall place an endorsement	925
of registration on the order or agreement and give the petitioner	926
a copy of the order or agreement that bears that proof of	927
registration.	928

(3) The clerk of each court of common pleas, the clerk of	929
each municipal court, and the clerk of each county court shall	930
maintain a registry of certified copies of temporary protection	931
orders, protection orders, or consent agreements that have been	932
issued or approved by courts in other counties and that have been	933
registered with the clerk.	934

Sec. 3113.311.  (A) Unless otherwise specified in this	935
section:	936

(1) "Protection order" means any of the following:

937

(a) An ex parte or a final protection order issued under	938
section 2903.214 or 3113.31 of the Revised Code;	939

(b) A consent agreement approved under section 3113.31 of the	940
Revised Code.	941

(2) "Property" means tangible personal property.

942

(3) "Firearm" has the same meaning as in section 2923.11 of	943
the Revised Code.	944

(4) "Termination of a protection order" includes the	945
dismissal of a petition for a protection order.	946

(B) Upon the expiration or other termination of a protection	947
order, any law enforcement agency that is in possession of	948
property of a party to the protection order pursuant to the terms	949
of the protection order shall return that property to the party	950
from whom the property was received, confiscated, or otherwise	951
obtained, or take any action with respect to the property, in the	952
following manner:	953

(1) The party from whom the property was received,	954
confiscated, or otherwise obtained, within sixty days from the	955
date of the expiration or other termination of the protection	956
order, shall file a written request with the law enforcement	957
agency for the return of the property. The request shall include	958
the party's name, address, and a telephone number, if any, and a	959
copy of the dismissal of the petition for the protection order if	960
the petition was dismissed. Subject to division (B)(2) of this	961
section, the law enforcement agency shall return the property to	962
the party who filed the request for its return.	963

(2) If the property that is requested to be returned under	964
division (B)(1) of this section is a firearm, the request also	965
shall include an affidavit signed by the party requesting the	966
return of the firearm stating that the party is not under any	967
state or federal firearm disability. The law enforcement agency	968
shall make a reasonable attempt to determine whether or not the	969
party requesting the return of the firearm is under any state or	970
federal firearm disability. If the law enforcement agency	971
determines that the party requesting the return of the firearm is	972
under any state or federal firearm disability, the law enforcement	973
agency shall notify that party that it will not return the firearm	974
as a result of that disability. If the law enforcement agency	975
determines that the party requesting the return of the firearm is	976
not under any state or federal firearm disability, the law	977
enforcement agency shall return the firearm to the party as soon	978
as possible after making its determination.	979

(3) If the party seeking the return of the property does not	980
make the written request described in division (B)(1) of this	981
section within sixty days of the expiration or other termination	982
of the protection order or if the property that is requested to be	983
returned is a firearm and the requesting party is under any state	984
or federal firearm disability, the property shall be disposed of	985
in the manner provided by section 2981.11 of the Revised Code.	986

(C) A law enforcement agency has the authority as provided in	987
this section to retain possession of property that was received,	988
confiscated, or otherwise obtained pursuant to a protection order	989
notwithstanding the expiration or other termination of the	990
protection order.	991

Section 2.  That existing sections 2903.214, 3105.171, and	992
3113.31 of the Revised Code are hereby repealed.	993