| (D) Whoever violates division (A) of section 959.13 of the | 29 |
|
Revised Code is guilty of a misdemeanor of the second degree on a | 30 |
|
first offense and a misdemeanor of the first degree on each | 31 |
|
subsequent
offense. In
addition, the court may order the offender | 32 |
|
to forfeit
the animal
or livestock and may provide for its | 33 |
|
disposition,
including, but
not limited to, the sale of the | 34 |
|
animal or
livestock. If an
animal
or livestock is forfeited and | 35 |
|
sold
pursuant to this
division, the
proceeds from the sale first | 36 |
|
shall
be applied to
pay the expenses
incurred with regard to the | 37 |
|
care of
the animal
from the time it
was taken from the custody of | 38 |
|
the
former owner.
The balance of the
proceeds from the sale, if | 39 |
|
any,
shall be paid
to the former owner
of the animal. | 40 |
| (3)(a) A court may order a person who is convicted of or | 55 |
|
pleads
guilty to
a violation of section 959.131 of the Revised | 56 |
|
Code
to
forfeit to an impounding agency, as defined in section | 57 |
|
959.132 of
the Revised Code, any or all of the companion animals | 58 |
|
in that
person's ownership or care. The court also may prohibit
or | 59 |
|
place
limitations on the person's ability to own or care for
any | 60 |
|
companion animals for a specified or indefinite period of
time. | 61 |
(4) If(a) Except as otherwise provided in division (E)(4)(b) | 69 |
|
of this section, if a court has reason to believe that a person | 70 |
|
who is
convicted of or
pleads guilty to a violation
of section | 71 |
|
959.131 of
the Revised Code
suffers from a mental or emotional | 72 |
|
disorder that
contributed to the violation,
the court may impose | 73 |
|
as a community
control sanction or as a condition of probation a | 74 |
|
requirement that
the offender undergo psychological evaluation or | 75 |
|
counseling. The
court shall order the offender to pay the costs
of | 76 |
|
the evaluation
or counseling. | 77 |
| (2) Commit the child to the temporary custody of any school, | 99 |
|
camp, institution, or other facility operated for the care of | 100 |
|
delinquent
children by the county, by a district organized under | 101 |
section
2152.41 or 2151.65 or 2152.41 of the Revised Code, or by a | 102 |
|
private
agency or organization, within or without the state, that | 103 |
|
is
authorized and
qualified to provide the care, treatment, or | 104 |
|
placement required, including, but not limited to, a school, camp, | 105 |
|
or facility operated under section 2151.65 of the Revised Code; | 106 |
| (4) Place the child on community control under any
sanctions, | 110 |
|
services,
and conditions that the court prescribes. As
a
condition | 111 |
|
of
community control in every case and in addition to
any other | 112 |
|
condition that it imposes upon the child, the court
shall require | 113 |
|
the child
to abide by the law during the period of
community | 114 |
|
control. As
referred to in this division, community
control | 115 |
|
includes, but is
not limited to, the following sanctions
and | 116 |
|
conditions: | 117 |
| A period of house arrest with electronic monitoring or | 157 |
|
continuous alcohol monitoring or both electronic monitoring and | 158 |
|
continuous alcohol monitoring, imposed
under
this division shall | 159 |
|
not extend beyond the child's
twenty-first birthday. If a
court | 160 |
|
imposes a period of
house arrest with electronic monitoring or | 161 |
|
continuous alcohol monitoring or both electronic monitoring and | 162 |
|
continuous alcohol monitoring, upon a
child under this
division, | 163 |
|
it shall require the child: to remain in the child's
home or
other | 164 |
|
specified premises for the entire period of
house arrest with | 165 |
|
electronic monitoring or continuous alcohol monitoring or both | 166 |
|
except when the court
permits the child to
leave those premises to | 167 |
|
go to school or to
other specified
premises. Regarding electronic | 168 |
|
monitoring, the court also shall require the child to be monitored | 169 |
|
by a central system that
can determine
the child's location at | 170 |
|
designated times; to report
periodically
to a person designated by | 171 |
|
the court; and to enter
into a written
contract with the court | 172 |
|
agreeing to comply with all
requirements
imposed by the court, | 173 |
|
agreeing to pay any fee imposed
by the court
for the costs of the | 174 |
|
house
arrest with electronic monitoring, and
agreeing to waive the | 175 |
|
right to receive credit for any
time served
on house arrest with | 176 |
|
electronic monitoring toward the
period of any
other dispositional | 177 |
|
order imposed upon the child if
the child
violates any of the | 178 |
|
requirements of the dispositional
order of
house arrest with | 179 |
|
electronic monitoring. The court also
may impose
other reasonable | 180 |
|
requirements upon the child. | 181 |
| Unless ordered by the court, a child shall not receive credit | 182 |
|
for any time
served on
house arrest with electronic monitoring
or | 183 |
|
continuous alcohol monitoring or both toward any other | 184 |
|
dispositional
order imposed upon the child for
the act for which | 185 |
|
was imposed the
dispositional order of
house arrest with | 186 |
|
electronic monitoring or continuous alcohol monitoring. As used in | 187 |
this division and division (A)(4)(l)(j) of this section, | 188 |
|
"continuous alcohol monitoring" has the same meaning as in section | 189 |
|
2929.01 of the Revised Code. | 190 |
| (l) A suspension of the driver's license, probationary | 191 |
|
driver's
license, or temporary instruction permit issued to the | 192 |
|
child
for a period of time prescribed by the court, or a | 193 |
|
suspension
of the
registration of all motor vehicles
registered in | 194 |
|
the name of the child
for a period of time prescribed by the | 195 |
|
court. A child whose license or
permit is so suspended is | 196 |
|
ineligible for issuance of a license or
permit during the period | 197 |
|
of suspension. At the end of the period
of suspension, the child | 198 |
|
shall not be reissued a license or permit
until the child has paid | 199 |
|
any applicable reinstatement fee and
complied with all | 200 |
|
requirements governing license reinstatement. | 201 |
| (b) If a child is adjudicated a delinquent child for being a | 219 |
|
chronic truant or a habitual truant who previously has been | 220 |
|
adjudicated an
unruly child for being a
habitual truant and the | 221 |
|
court determines that the parent,
guardian, or other person having | 222 |
|
care of the child has failed to
cause the child's attendance at | 223 |
|
school in violation of section
3321.38 of the Revised Code, do | 224 |
|
either or both of the
following: | 225 |
| (B) If a child is adjudicated a delinquent child, in
addition | 247 |
|
to
any order of disposition made under division (A) of
this | 248 |
|
section, the
court, in
the following situations
and for the | 249 |
|
specified periods of time, shall
suspend the child's temporary | 250 |
|
instruction
permit, restricted
license, probationary driver's | 251 |
|
license, or nonresident
operating
privilege, or suspend the | 252 |
|
child's ability to obtain such a permit: | 253 |
| (2)
If the child is adjudicated a delinquent child for | 261 |
|
committing an
act that if committed by an adult would be a drug | 262 |
|
abuse offense
or for violating
division (B) of section 2917.11 of | 263 |
|
the Revised
Code,
suspend the child's license, permit, or | 264 |
|
privilege for a period of time prescribed by the court. The court, | 265 |
|
in its discretion, may terminate the suspension
if the child | 266 |
|
attends and
satisfactorily completes a drug abuse or
alcohol abuse | 267 |
|
education,
intervention, or treatment program
specified by the | 268 |
|
court. During
the time the child is attending
a program
described | 269 |
|
in this division, the
court shall retain
the child's
temporary | 270 |
|
instruction permit, probationary
driver's license, or
driver's | 271 |
|
license, and the
court shall return the permit or
license
if it | 272 |
|
terminates the
suspension as described in this
division. | 273 |
| (D)(1) If a child is adjudicated a delinquent child for | 279 |
|
committing an act that would be a felony if committed by an adult | 280 |
|
and if the
child caused, attempted to cause, threatened to
cause, | 281 |
|
or created a risk of physical harm to the victim of the
act, the | 282 |
|
court, prior to issuing an order of disposition under
this | 283 |
|
section, shall order the preparation of a victim impact
statement | 284 |
|
by the probation department of the county in which the
victim of | 285 |
|
the act resides, by the court's own probation department, or by a | 286 |
|
victim assistance program that is operated by the state, a county, | 287 |
|
a municipal
corporation, or another governmental entity. The court | 288 |
|
shall
consider the victim impact statement in determining the | 289 |
|
order of
disposition to issue for the child. | 290 |
| (2) Each victim impact statement shall identify the victim
of | 291 |
|
the
act for which the child was adjudicated a delinquent child, | 292 |
|
itemize any
economic loss suffered by the victim as a result of | 293 |
|
the act,
identify any physical injury suffered by the victim as a | 294 |
|
result of
the act and the seriousness and permanence of the | 295 |
|
injury, identify
any change in the victim's personal welfare or | 296 |
|
familial
relationships as a result of the act and any | 297 |
|
psychological impact
experienced by the victim or the victim's | 298 |
|
family as a result of the act, and
contain any other
information | 299 |
|
related to the impact of the act upon the victim that the
court | 300 |
|
requires. | 301 |
| (3) A victim impact statement shall be kept confidential and | 302 |
|
is
not a public record. However, the court may furnish copies of | 303 |
|
the statement
to the department of youth services if the | 304 |
|
delinquent child
is committed to the department or to both the | 305 |
|
adjudicated
delinquent child or the adjudicated delinquent child's | 306 |
|
counsel and
the prosecuting attorney. The copy of a victim impact | 307 |
|
statement
furnished by the court to the department pursuant to | 308 |
|
this section
shall be kept confidential and is not a public | 309 |
|
record.
If an officer is preparing pursuant to section 2947.06 or | 310 |
|
2951.03 of the Revised Code or Criminal Rule 32.2 a presentence | 311 |
|
investigation report pertaining to a person, the court shall make | 312 |
|
available to the officer, for use in preparing the report, a copy | 313 |
|
of any victim impact statement regarding that person. The copies | 314 |
|
of a victim
impact statement that are made
available to the | 315 |
|
adjudicated delinquent child or the adjudicated
delinquent child's | 316 |
|
counsel and the
prosecuting attorney pursuant
to this division | 317 |
|
shall be returned to the
court by the person to
whom they were | 318 |
|
made available
immediately following the imposition
of an order of | 319 |
|
disposition for the
child under this chapter. | 320 |
| (E) If a child is adjudicated a delinquent child for being a | 328 |
|
chronic
truant or a habitual truant who previously has been | 329 |
|
adjudicated an
unruly child for being a habitual truant and the | 330 |
|
court determines that
the parent, guardian, or other person having | 331 |
|
care of the child has
failed to cause the child's attendance at | 332 |
|
school in violation of
section 3321.38 of the Revised Code, in | 333 |
|
addition to any
order of
disposition it makes under this section, | 334 |
|
the court shall warn the
parent, guardian, or other person having | 335 |
|
care of the child that
any subsequent adjudication of the child as | 336 |
|
an unruly or
delinquent child for being a habitual or chronic | 337 |
|
truant may
result in a criminal charge against the parent, | 338 |
|
guardian, or other
person having care of the child for a violation | 339 |
|
of division (C) of
section 2919.21 or section 2919.24 of the | 340 |
|
Revised Code. | 341 |
| (F) If a child under eighteen years of age is adjudicated a | 342 |
|
delinquent child for a violation of division (B) of section | 343 |
|
959.131 of the Revised Code, the court, in addition to any other | 344 |
|
disposition that it makes under this section, shall require the | 345 |
|
child to undergo psychological evaluation and individual or family | 346 |
|
counseling for a period of not less than six months. The person | 347 |
|
conducting the individual or family counseling shall have | 348 |
|
completed continuing education that is approved or included under | 349 |
|
section 4731.284, 4732.141, or 4757.33 of the Revised Code, as | 350 |
|
applicable, with regard to the counseling of individuals who abuse | 351 |
|
animals. The court may
order the parent, guardian, or other | 352 |
|
person having care of the
child to pay the costs of the | 353 |
|
evaluation, the counseling, or both. | 354 |
|
(G)(1) During the period of a delinquent child's community | 355 |
|
control granted under this section, authorized probation officers | 356 |
|
who are
engaged within the scope of their supervisory duties
or | 357 |
|
responsibilities may search, with or without a warrant, the
person | 358 |
|
of the delinquent child, the place of residence of the
delinquent | 359 |
|
child, and a motor vehicle, another item of tangible or
intangible | 360 |
|
personal property, or other real property in which the
delinquent | 361 |
|
child has a right, title, or interest or for which the
delinquent | 362 |
|
child has the express or implied permission of a person with a | 363 |
|
right, title, or interest to use, occupy, or possess if the | 364 |
|
probation officers
have reasonable grounds to believe that the | 365 |
|
delinquent child is not abiding by
the law or otherwise is not | 366 |
|
complying with the conditions of the
delinquent child's community | 367 |
|
control. The court that places a
delinquent child on community | 368 |
|
control under this section shall
provide the delinquent child with | 369 |
|
a written notice that informs
the delinquent child that authorized | 370 |
|
probation officers who are
engaged within the scope of their | 371 |
|
supervisory duties or responsibilities may
conduct those types of | 372 |
|
searches during the period of community control if they
have | 373 |
|
reasonable grounds to believe that the delinquent child is
not | 374 |
|
abiding by the law or otherwise is not complying with the | 375 |
|
conditions of the delinquent child's community control. The court | 376 |
|
also shall provide the written notice described in division | 377 |
(E)(G)(2)
of this section to each
parent, guardian, or custodian | 378 |
|
of the
delinquent child who is described in
that
division. | 379 |
| (2) The court that places a child on community control under | 380 |
|
this
section shall provide the child's parent, guardian, or other | 381 |
|
custodian
with a written notice that informs them that authorized | 382 |
|
probation
officers may conduct searches pursuant to division | 383 |
(E)(G)(1) of this
section. The notice shall specifically state | 384 |
|
that
a permissible
search might extend to a motor vehicle, another | 385 |
|
item
of tangible
or intangible personal property, or a place of | 386 |
|
residence or other
real property in which a notified parent, | 387 |
|
guardian, or custodian
has a right, title, or interest and that | 388 |
|
the parent, guardian, or
custodian expressly or impliedly permits | 389 |
|
the child to use, occupy,
or possess. | 390 |
| Sec. 2903.213. (A) Except when the complaint involves a | 405 |
|
person who is a family or household member as defined in section | 406 |
|
2919.25 of the Revised Code, upon the filing of a complaint that | 407 |
|
alleges a violation of section 2903.11, 2903.12, 2903.13, 2903.21, | 408 |
|
2903.211,
2903.22, or
2911.211 of the Revised Code, a violation
of | 409 |
|
a municipal ordinance
substantially similar to section 2903.13, | 410 |
|
2903.21, 2903.211, 2903.22, or
2911.211 of the Revised Code, or | 411 |
|
the commission of a sexually oriented offense, the
complainant, | 412 |
|
the alleged victim,
or a family or household member
of an alleged | 413 |
|
victim may file a motion
that requests the issuance
of a | 414 |
|
protection
order as a pretrial condition of release of the
alleged | 415 |
|
offender, in
addition to any bail set under Criminal Rule
46. The | 416 |
|
motion
shall be filed with the clerk of the court that
has | 417 |
|
jurisdiction
of the case at any time after the filing of the | 418 |
|
complaint. If
the complaint involves a person who is a family or | 419 |
|
household
member, the complainant, the alleged victim, or the | 420 |
|
family or
household member may file a motion for a temporary | 421 |
|
protection order pursuant to section 2919.26 of the Revised Code. | 422 |
| (Name of person),
moves the court to issue a protection order | 433 |
|
containing terms designed to ensure the safety and protection of | 434 |
|
the complainant or the alleged victim in the above-captioned
case | 435 |
|
and any companion animal that is in the complainant's or alleged | 436 |
|
victim's residence,
in relation to the named defendant, pursuant | 437 |
|
to
its authority to
issue a protection order under section | 438 |
|
2903.213 of
the Revised
Code. | 439 |
|
|
| A complaint, a copy of which has been attached to this | 440 |
|
motion, has been filed in this court charging the named defendant | 441 |
|
with a violation of section 2903.11, 2903.12, 2903.13, 2903.21, | 442 |
|
2903.211,
2903.22, or
2911.211 of the Revised Code, a violation
of | 443 |
|
a municipal ordinance
substantially similar to section 2903.13, | 444 |
|
2903.21, 2903.211, 2903.22, or
2911.211 of the Revised Code, or | 445 |
|
the commission of a sexually oriented offense. | 446 |
| I understand that I must appear before the court, at a time | 447 |
|
set by the court not later than the next day that the court is in | 448 |
|
session after the filing of this motion, for a hearing on the | 449 |
|
motion, and that any protection order granted
pursuant to this | 450 |
|
motion is a pretrial condition of release and is
effective only | 451 |
|
until the disposition of the criminal proceeding
arising out of | 452 |
|
the attached complaint or until the issuance under section | 453 |
|
2903.214 of the Revised Code of a protection order arising out of | 454 |
|
the same activities as
those that were the basis of the attached | 455 |
|
complaint. | 456 |
| (C)(1) As soon as possible after the filing of a motion that | 461 |
|
requests the issuance of a protection order
under this section, | 462 |
|
but
not later than the next day that the court is in session after | 463 |
|
the filing of the motion, the court shall conduct a hearing to | 464 |
|
determine whether to issue the order. The person who
requested
the | 465 |
|
order shall
appear before the court and provide the court with
the | 466 |
|
information that it requests concerning the basis of the
motion. | 467 |
|
If the court finds that the safety and protection of the | 468 |
complainant or, the alleged victim, or any companion animal that | 469 |
|
is in the complainant's or alleged victim's residence may be | 470 |
|
impaired by the continued
presence of the
alleged offender, the | 471 |
|
court may issue a
protection
order under this section, as a | 472 |
|
pretrial condition of release, that
contains terms
designed to | 473 |
ensure the safety and protection of the
complainant or, the | 474 |
|
alleged victim, or companion animal,
including a requirement that | 475 |
|
the alleged offender refrain from
entering the residence, school, | 476 |
|
business, or place of employment
of the complainant or the alleged | 477 |
|
victim. | 478 |
| (2)(a) If
the court issues a protection order under this | 479 |
|
section that
includes a requirement that the alleged offender | 480 |
|
refrain from
entering the residence, school, business, or place of | 481 |
|
employment
of the complainant or the alleged victim, the order | 482 |
|
shall clearly state
that the order
cannot be waived or nullified | 483 |
|
by an invitation to the alleged
offender from the complainant, the | 484 |
|
alleged victim, or a family or
household member to enter the | 485 |
|
residence, school,
business, or place of employment or by the | 486 |
|
alleged offender's
entry into one of those places otherwise upon | 487 |
|
the consent of the
complainant, the alleged victim, or a family or | 488 |
|
household
member. | 489 |
| (b) Division
(C)(2)(a)
of this section does not limit any | 490 |
|
discretion of a court to
determine that an alleged offender | 491 |
|
charged with a violation of
section 2919.27 of the Revised Code, | 492 |
|
with a violation of a
municipal ordinance substantially equivalent | 493 |
|
to that section, or
with contempt of court, which charge is based | 494 |
|
on an alleged
violation of a protection order issued under this | 495 |
|
section, did
not commit the violation or was not in contempt of | 496 |
|
court. | 497 |
| (D)(1) Except when the complaint involves a person who is
a | 498 |
|
family or household member as defined in section 2919.25 of the | 499 |
|
Revised Code, upon the filing of a complaint that alleges a | 500 |
|
violation specified in division (A) of this section, the court, | 501 |
|
upon its own
motion, may issue a protection order under this | 502 |
|
section as a
pretrial condition of release
of the alleged offender | 503 |
if it finds that the safety and
protection of the complainant or, | 504 |
|
the alleged victim, or any companion animal that is in the | 505 |
|
complainant's or alleged victim's residence may be impaired by
the | 506 |
|
continued
presence of
the alleged offender. | 507 |
| (2) If the court issues a protection order
under this
section | 508 |
|
as an ex parte order, it shall conduct, as
soon as
possible after | 509 |
|
the issuance of the order but not later
than the
next day that the | 510 |
|
court is in session after its issuance, a
hearing to determine | 511 |
|
whether the order should remain in effect,
be
modified, or be | 512 |
|
revoked. The hearing shall be conducted under
the
standards set | 513 |
|
forth in division (C) of this section. | 514 |
| (3) If a municipal court or a county
court issues a | 515 |
|
protection order under this
section and
if, subsequent to the | 516 |
|
issuance of the order, the alleged
offender who is the subject of | 517 |
|
the order is bound over to the
court of common pleas for | 518 |
|
prosecution of a felony arising out of
the same activities as | 519 |
|
those that were the basis of the
complaint upon which the order is | 520 |
|
based, notwithstanding the
fact that the order was issued by a | 521 |
|
municipal court or county
court, the order shall remain in effect, | 522 |
|
as though it were an order of the
court of common pleas, while the | 523 |
|
charges
against the alleged offender are pending in the court of | 524 |
|
common
pleas, for the period of time described in division
(E)(2) | 525 |
|
of this section, and the court of common pleas has exclusive | 526 |
|
jurisdiction to modify the order issued by the municipal court or | 527 |
|
county
court. This
division applies when the alleged offender is | 528 |
|
bound over to the
court of common pleas as a result of the person | 529 |
|
waiving a
preliminary hearing on the felony charge, as a result of | 530 |
|
the
municipal court or county court having determined at a | 531 |
|
preliminary hearing that there is probable cause to believe that | 532 |
|
the felony has been committed and that the alleged offender | 533 |
|
committed it, as a result of the alleged offender having been | 534 |
|
indicted for the felony, or in any other manner. | 535 |
| (2) Is effective only until the disposition, by the court | 540 |
|
that
issued the order or, in the circumstances described in | 541 |
|
division
(D)(3) of this section, by the court of common pleas to | 542 |
|
which the
alleged offender is bound over for prosecution, of the | 543 |
|
criminal proceeding arising out of the complaint upon which the | 544 |
|
order is
based or until the issuance under section 2903.214 of the | 545 |
|
Revised Code of a protection
order arising out of the same | 546 |
|
activities as those that were the basis of the
complaint filed | 547 |
|
under this section; | 548 |
| (G)(1) A copy of a protection order that
is issued under
this | 558 |
|
section shall be issued by the court to the
complainant, to
the | 559 |
|
alleged victim, to the person who requested the
order, to the | 560 |
|
defendant, and to all law enforcement
agencies that have | 561 |
|
jurisdiction to enforce the order. The court
shall direct that a | 562 |
|
copy of the order be delivered to the
defendant on the same day | 563 |
|
that the order is entered. If a municipal court
or a county court | 564 |
|
issues a
protection order under this section and if, subsequent to | 565 |
|
the
issuance of the order, the defendant who is the subject of the | 566 |
|
order is bound over to the court of common pleas for prosecution | 567 |
|
as described in division (D)(3)
of this section, the municipal | 568 |
|
court or county court shall
direct that a copy of the order be | 569 |
|
delivered to the court of
common pleas to which the defendant is | 570 |
|
bound over. | 571 |
| (I) Notwithstanding any provision of law to the contrary
and | 586 |
|
regardless of whether a protection order is issued or a consent | 587 |
|
agreement is approved by a court of
another county or by a court | 588 |
|
of another state,
no
court
or unit of state or local government | 589 |
|
shall
charge
any fee, cost, deposit, or money in connection
with | 590 |
|
the filing of a motion
pursuant
to
this section, in
connection | 591 |
|
with the filing, issuance,
registration, or service of
a | 592 |
|
protection order or consent agreement, or for obtaining
certified | 593 |
|
copies of a protection order or consent agreement. | 594 |
| (D)(1) If a person who files a petition pursuant to this | 627 |
|
section requests an ex parte order, the court shall hold an ex | 628 |
|
parte hearing as soon as possible after the petition is filed, but | 629 |
|
not later
than the next day that the court is in session after the | 630 |
|
petition is filed.
The
court, for good cause shown at the ex | 631 |
|
parte hearing, may enter
any temporary orders, with or without | 632 |
|
bond, that the court finds necessary for
the safety and protection | 633 |
|
of the person to be protected by the order.
Immediate and present | 634 |
|
danger to the person to be protected by the protection
order | 635 |
|
constitutes good cause for purposes of this section. Immediate
and | 636 |
|
present danger includes, but is not limited to,
situations in | 637 |
|
which the respondent has threatened the person to be protected
by | 638 |
|
the protection order with bodily harm or in which the respondent | 639 |
|
previously has been convicted of or pleaded guilty to a violation | 640 |
|
of section
2903.211
of the Revised Code or a sexually oriented | 641 |
|
offense against the person to be
protected by the protection | 642 |
|
order. | 643 |
| (2)(a) If the court, after an ex parte hearing, issues a | 644 |
|
protection order
described in division (E) of this section, the | 645 |
|
court
shall schedule a full hearing for a date that is within ten | 646 |
|
court days after
the ex
parte hearing. The court shall give the | 647 |
|
respondent notice of, and an
opportunity to
be heard at, the full | 648 |
|
hearing.
The court shall hold the full hearing on the date | 649 |
|
scheduled under this division unless the court grants a | 650 |
|
continuance of the hearing in accordance with this division.
Under | 651 |
|
any of the following circumstances or for any of the
following | 652 |
|
reasons, the court may grant a continuance of the full
hearing to | 653 |
|
a reasonable time determined by the court: | 654 |
| (E)(1) After an ex parte or full hearing, the court may
issue | 673 |
|
any protection order, with or without bond,
that contains
terms | 674 |
|
designed to ensure the safety and protection of the person
to be | 675 |
|
protected by the protection order and any companion animal that is | 676 |
|
in the person's residence, including, but not
limited to, a | 677 |
|
requirement that the
respondent refrain from
entering the | 678 |
|
residence, school, business, or place of employment
of the | 679 |
|
petitioner or family or household member.
If the court
includes a | 680 |
|
requirement that the respondent
refrain from entering
the | 681 |
|
residence, school, business, or place
of employment of the | 682 |
|
petitioner or family or household member in
the order, it also | 683 |
|
shall include in the order provisions of the
type described in | 684 |
|
division
(E)(5) of this section. | 685 |
| (d) After a full hearing at which the respondent presents | 706 |
|
evidence in support of the request for a protection order and the | 707 |
|
petitioner
is afforded an opportunity to defend against that | 708 |
|
evidence, the court
determines that the petitioner has committed a | 709 |
|
violation of section
2903.211 of the Revised Code against the | 710 |
|
person to be protected by the
protection order issued pursuant to | 711 |
|
this section, has committed a sexually oriented offense against | 712 |
|
the person to be protected by the protection order, or has | 713 |
|
violated a protection
order issued
pursuant to
section 2903.213 of | 714 |
|
the Revised Code relative to the person to be
protected by
the | 715 |
|
protection order issued pursuant to this section. | 716 |
| (5)(a) If
the court issues a protection order under this | 719 |
|
section that
includes a requirement that the alleged offender | 720 |
|
refrain from
entering the residence, school, business, or place of | 721 |
|
employment
of the petitioner or a family or household member, the | 722 |
|
order
shall clearly state that the order cannot be waived or | 723 |
|
nullified
by an invitation to the alleged offender from the | 724 |
|
complainant to
enter the residence, school, business, or place of | 725 |
|
employment or
by the alleged offender's entry into one of those | 726 |
|
places
otherwise upon the consent of the petitioner or family or | 727 |
|
household member. | 728 |
| (b) Division
(E)(5)(a)
of this section does not limit any | 729 |
|
discretion of a court to
determine that an alleged offender | 730 |
|
charged with a violation of
section 2919.27 of the Revised Code, | 731 |
|
with a violation of a
municipal ordinance substantially equivalent | 732 |
|
to that section, or
with contempt of court, which charge is based | 733 |
|
on an alleged
violation of a protection order issued under this | 734 |
|
section, did
not commit the violation or was not in contempt of | 735 |
|
court. | 736 |
| (3) Regardless of whether the petitioner has registered the | 748 |
|
protection
order
in the county in which the officer's agency has | 749 |
|
jurisdiction
pursuant to division (M) of this section, any officer | 750 |
|
of a law
enforcement agency shall enforce a protection order | 751 |
|
issued pursuant to this
section by any court in
this state in | 752 |
|
accordance with the provisions of the order, including removing | 753 |
|
the respondent from the premises, if appropriate. | 754 |
| (G) Any proceeding under this section shall be conducted
in | 755 |
|
accordance with the Rules of Civil Procedure,
except that a | 756 |
|
protection
order may be obtained under this section with or | 757 |
|
without bond.
An order issued under this section, other than an | 758 |
|
ex parte
order, that grants a protection order, or that refuses to | 759 |
|
grant
a protection order, is a final, appealable order.
The | 760 |
|
remedies and procedures provided in this section are in
addition | 761 |
|
to, and not in lieu of, any other available civil or
criminal | 762 |
|
remedies. | 763 |
| (J) Notwithstanding any provision of law to the contrary
and | 774 |
|
regardless of whether a protection order is issued or a consent | 775 |
|
agreement is approved by a court of
another county or by a court | 776 |
|
of another state,
no court
or unit of state or local government | 777 |
|
shall
charge
any fee, cost, deposit, or money in connection
with | 778 |
|
the filing of a petition
pursuant
to this section, in
connection | 779 |
|
with the filing, issuance,
registration, or service of
a | 780 |
|
protection order or consent agreement, or for obtaining a | 781 |
|
certified copy of a protection order or consent agreement. | 782 |
| (2) The punishment of a person for contempt of court for | 789 |
|
violation of a protection order issued under this section does not | 790 |
|
bar
criminal prosecution of
the person for a violation of section | 791 |
|
2919.27 of the Revised
Code. However, a person punished for | 792 |
|
contempt of court is
entitled to credit for the punishment imposed | 793 |
|
upon conviction of
a violation of that section, and a person | 794 |
|
convicted of a
violation of that section shall not subsequently be | 795 |
|
punished for
contempt of court arising out of the same activity. | 796 |
| (M)(1) A petitioner who obtains a protection order under
this | 799 |
|
section or a protection order
under section 2903.213 of the | 800 |
|
Revised Code may
provide notice of the issuance or approval of the | 801 |
|
order to the judicial and
law enforcement officials in any county | 802 |
|
other
than the county in which the order is issued by registering | 803 |
|
that order in the
other county pursuant to division
(M)(2) of this | 804 |
|
section and filing a copy of the registered order with
a law | 805 |
|
enforcement agency in the other county in accordance with that | 806 |
|
division.
A person who obtains a protection order issued by a | 807 |
|
court
of another state may provide notice of the issuance of the | 808 |
|
order
to the judicial and law enforcement officials in any county | 809 |
|
of
this state by registering the order in that county pursuant to | 810 |
|
section 2919.272 of the Revised Code and filing a copy of
the | 811 |
|
registered order with a law enforcement agency in that
county. | 812 |
| Sec. 2919.26. (A)(1) Upon the filing of a complaint that | 832 |
|
alleges a violation of section 2909.06, 2909.07, 2911.12, or | 833 |
|
2911.211 of the Revised Code if the alleged victim of the | 834 |
|
violation was a family
or household member at the time of the | 835 |
|
violation, a violation of a
municipal ordinance that is | 836 |
|
substantially
similar to any of those sections if the alleged | 837 |
|
victim of the violation was a
family or household member
at the | 838 |
|
time of the violation, any offense of violence if the alleged | 839 |
|
victim of the offense was a family or household member at the time | 840 |
|
of the commission of the offense, or any sexually oriented offense | 841 |
|
if the alleged victim of the offense was a family or household | 842 |
|
member at the time of the commission of the offense, the | 843 |
|
complainant, the alleged victim,
or a family or household member | 844 |
|
of
an alleged victim
may file, or,
if in an emergency the alleged | 845 |
|
victim
is unable to
file, a person
who made an arrest for the | 846 |
|
alleged violation or offense under
section 2935.03
of the Revised | 847 |
|
Code may file on behalf of the
alleged victim, a
motion that | 848 |
|
requests the issuance
of a temporary
protection order
as a | 849 |
|
pretrial condition of release of the
alleged offender, in
addition | 850 |
|
to any bail set under Criminal Rule
46. The motion shall
be filed | 851 |
|
with the clerk of the court that
has jurisdiction of the
case at | 852 |
|
any time after the filing of the
complaint. | 853 |
| (2) For purposes of section 2930.09 of the Revised Code, all | 854 |
|
stages of a
proceeding arising out of a complaint alleging the | 855 |
|
commission of a violation, offense of violence, or sexually | 856 |
|
oriented offense described in
division (A)(1) of this
section, | 857 |
|
including all proceedings on a
motion for a temporary protection | 858 |
|
order, are critical stages of
the case, and a victim
may be | 859 |
|
accompanied
by a victim advocate or
another person to provide | 860 |
|
support to the victim as
provided in
that section. | 861 |
| (name of person),
moves the court to issue a temporary protection | 872 |
|
order containing
terms designed to ensure the safety and | 873 |
protection of the
complainant, alleged victim, and other family or | 874 |
|
household members, and any companion animal that is in the | 875 |
|
complainant's or alleged victim's residence, in relation to
the | 876 |
|
named defendant, pursuant to
its authority to issue such an
order | 877 |
|
under section 2919.26 of the
Revised Code. | 878 |
|
|
| A complaint, a copy of which has been attached to this | 879 |
|
motion, has been filed in this court charging the named defendant | 880 |
|
with .......................... (name of the specified violation, | 881 |
|
the offense of violence, or sexually oriented offense charged) in | 882 |
|
circumstances in which the victim was a family
or household member | 883 |
|
in violation of (section
of the Revised Code designating the | 884 |
|
specified violation, offense of violence, or sexually oriented | 885 |
|
offense charged), or charging the named defendant with
a
violation | 886 |
|
of a municipal ordinance that is substantially similar
to | 887 |
|
........................ (section
of the Revised Code designating | 888 |
|
the specified violation, offense of violence, or sexually oriented | 889 |
|
offense charged) involving a family or
household member. | 890 |
| I understand that I must appear before the court, at a time | 891 |
|
set by the court within twenty-four hours after the filing of
this | 892 |
|
motion, for a hearing on the motion or that, if I am unable to | 893 |
|
appear
because of hospitalization or a medical condition resulting | 894 |
|
from the offense
alleged in the complaint, a person who can | 895 |
|
provide information about my need
for a temporary protection order | 896 |
|
must appear before the court in lieu of my
appearing in court. I | 897 |
|
understand that any temporary
protection order granted pursuant to | 898 |
|
this motion is a pretrial
condition of release and is effective | 899 |
|
only until the disposition
of the criminal proceeding arising out | 900 |
|
of the attached complaint,
or the issuance of a civil protection | 901 |
|
order or the approval of a
consent agreement, arising out of the | 902 |
|
same activities as those
that were the basis of the complaint, | 903 |
|
under section 3113.31 of
the Revised Code. | 904 |
| (C)(1) As soon as possible after the filing of a motion that | 912 |
|
requests the issuance of a temporary protection order, but not | 913 |
|
later than twenty-four hours after the filing of the motion, the | 914 |
|
court shall conduct a hearing to determine whether to issue the | 915 |
|
order. The person who requested the order shall appear before
the | 916 |
|
court and provide the court with the information that it
requests | 917 |
|
concerning the basis of the motion. If the person who requested | 918 |
|
the
order is unable to appear and if the court finds that the | 919 |
|
failure to appear is
because of the person's hospitalization or | 920 |
|
medical condition resulting from
the offense alleged in the | 921 |
|
complaint, another person who is able to provide
the court with | 922 |
|
the information it requests may appear in lieu of the person
who | 923 |
|
requested the order. If the court finds that the safety and | 924 |
protection of
the complainant, alleged victim, or any other family | 925 |
|
or household member of the alleged victim, or any companion animal | 926 |
|
that is in the complainant's or alleged victim's residence may be | 927 |
|
impaired by
the
continued presence of the alleged offender, the | 928 |
|
court may
issue a
temporary protection order, as a pretrial | 929 |
|
condition of
release,
that contains terms designed to ensure the | 930 |
safety and
protection
of the complainant, alleged victim, or the | 931 |
|
family or household
member, or companion animal,
including a | 932 |
|
requirement that the alleged offender refrain
from
entering the | 933 |
|
residence, school, business, or place of
employment
of the | 934 |
|
complainant, alleged victim, or the family or
household member. | 935 |
| (2)(a) If the court issues a temporary protection order that | 936 |
|
includes a
requirement that the alleged offender refrain from | 937 |
|
entering the residence,
school, business, or place of employment | 938 |
|
of the complainant, the
alleged victim, or the family or
household | 939 |
|
member, the order shall state clearly that the order cannot be | 940 |
|
waived or nullified by an invitation to the alleged offender from | 941 |
|
the
complainant, alleged victim, or family or household
member to | 942 |
|
enter the residence, school,
business, or place of employment or | 943 |
|
by the alleged offender's entry into one
of those places otherwise | 944 |
|
upon the consent of the complainant,
alleged victim, or family or | 945 |
|
household member. | 946 |
| (b) Division (C)(2)(a) of this section does not limit any | 947 |
|
discretion of a
court to determine that an alleged offender | 948 |
|
charged with a violation of
section 2919.27 of the Revised Code, | 949 |
|
with a violation of a municipal ordinance
substantially equivalent | 950 |
|
to that section, or with contempt of court, which
charge is based | 951 |
|
on an alleged violation of a temporary protection order issued | 952 |
|
under this section, did not commit the violation or was not in | 953 |
|
contempt of
court. | 954 |
| (D)(1) Upon the filing of a complaint that alleges
a | 955 |
|
violation
of section 2909.06, 2909.07, 2911.12, or
2911.211 of
the | 956 |
|
Revised Code if the alleged victim of the violation was a
family | 957 |
|
or household
member at the time of the violation, a violation of a | 958 |
|
municipal ordinance
that is substantially similar
to any of those | 959 |
|
sections if the alleged victim of the violation was a family or | 960 |
|
household member at
the time
of the violation, any offense of | 961 |
|
violence if the alleged victim of the offense was a family or | 962 |
|
household member at the time of the commission of the offense, or | 963 |
|
any sexually oriented offense if the alleged victim of the offense | 964 |
|
was a family or household member at the time of the commission of | 965 |
|
the offense, the court, upon its own
motion, may issue a
temporary | 966 |
|
protection order as a pretrial
condition of release if
it finds | 967 |
|
that the safety and protection
of the complainant,
alleged victim, | 968 |
or other family or
household member of the
alleged
offender, or | 969 |
|
any companion animal that is in the complainant's or alleged | 970 |
|
victim's residence may be impaired by the continued presence of | 971 |
|
the
alleged
offender. | 972 |
| (2) If the court issues a temporary protection order under | 973 |
|
this section as an ex parte order, it shall conduct, as soon as | 974 |
|
possible after the issuance of the order, a hearing in the | 975 |
|
presence of the
alleged offender not later than the next day on | 976 |
|
which the court is scheduled
to conduct business after the day on | 977 |
|
which the alleged offender was arrested
or at the time of the | 978 |
|
appearance of the alleged offender pursuant to summons
to | 979 |
|
determine whether the order should remain in effect, be modified, | 980 |
|
or be
revoked. The hearing shall be conducted under the standards | 981 |
|
set
forth in division (C) of this section. | 982 |
| (4) If a municipal court or a county
court issues a
temporary | 986 |
|
protection order under this section and
if, subsequent
to the | 987 |
|
issuance of the order, the alleged
offender who is the
subject of | 988 |
|
the order is bound over to the
court of common pleas
for | 989 |
|
prosecution of a felony arising out of
the same activities as | 990 |
|
those that were the basis of the
complaint upon which the order is | 991 |
|
based, notwithstanding the
fact that the order was issued by a | 992 |
|
municipal court or county
court, the order shall remain in effect, | 993 |
|
as though it were an order of the
court of common pleas, while the | 994 |
|
charges
against the alleged offender are pending in the court of | 995 |
|
common
pleas, for the period of time described in division
(E)(2) | 996 |
|
of this section, and the court of common pleas has exclusive | 997 |
|
jurisdiction to modify the order issued by the municipal court or | 998 |
|
county
court.
This
division applies when the alleged offender is | 999 |
|
bound over to the
court of common pleas as a result of the person | 1000 |
|
waiving a
preliminary hearing on the felony charge, as a result of | 1001 |
|
the
municipal court or county court having determined at a | 1002 |
|
preliminary hearing that there is probable cause to believe that | 1003 |
|
the felony has been committed and that the alleged offender | 1004 |
|
committed it, as a result of the alleged offender having been | 1005 |
|
indicted for the felony, or in any other manner. | 1006 |
| (G)(1) A copy of any temporary protection order that is | 1032 |
|
issued under this section shall be issued by the court to the | 1033 |
|
complainant, to the alleged victim, to the person who requested | 1034 |
|
the
order, to the defendant, and to all law enforcement
agencies | 1035 |
|
that have jurisdiction to enforce the order. The court
shall | 1036 |
|
direct that a copy of the order be delivered to the
defendant on | 1037 |
|
the same day that the order is entered. If a municipal court
or a | 1038 |
|
county court issues a temporary
protection order under this | 1039 |
|
section and if, subsequent to the
issuance of the order, the | 1040 |
|
defendant who is the subject of the
order is bound over to the | 1041 |
|
court of common pleas for prosecution
as described in division | 1042 |
|
(D)(4)
of this section, the municipal court or county court shall | 1043 |
|
direct that a copy of the order be delivered to the court of | 1044 |
|
common pleas to which the defendant is bound over. | 1045 |
| (3) A complainant, alleged victim, or other person who | 1052 |
|
obtains
a temporary protection
order under this section may | 1053 |
|
provide notice of the issuance of
the temporary protection order | 1054 |
|
to the judicial and law
enforcement officials in any county other | 1055 |
|
than the county in
which the order is issued by registering that | 1056 |
|
order in the other
county in accordance with division (N) of | 1057 |
|
section 3113.31
of the Revised Code and filing a copy of the | 1058 |
|
registered protection order with a law enforcement agency in the | 1059 |
|
other county in accordance with that division. | 1060 |
| (2) If a complaint is filed that alleges that a person | 1075 |
|
committed a violation, offense of violence, or sexually oriented | 1076 |
|
offense of the type described in division
(A) of
this section, the | 1077 |
|
court may not issue a temporary
protection order
under this | 1078 |
|
section that requires the complainant,
the alleged
victim,
or | 1079 |
|
another family or household member of the defendant to
do or | 1080 |
|
refrain from doing an act that the court may require the
defendant | 1081 |
|
to do or refrain from doing under a temporary
protection
order | 1082 |
|
unless both of the following apply: | 1083 |
| (b) The court determines that both the
complainant, alleged | 1089 |
|
victim, or other family or household
member
in question who
would | 1090 |
|
be required under the order to do or refrain from doing the
act | 1091 |
|
and the defendant acted primarily as aggressors, that neither
the | 1092 |
|
complainant, alleged victim, or other family or
household member | 1093 |
|
in question
who would be required under the order to do or refrain | 1094 |
|
from doing
the act nor the defendant acted primarily in | 1095 |
|
self-defense, and,
in accordance with the standards and criteria | 1096 |
|
of this section as
applied in relation to the separate complaint | 1097 |
|
filed by the
defendant, that it should issue the order to require | 1098 |
|
the
complainant, alleged victim, or other family or household | 1099 |
|
member in question to do
or refrain from doing the act. | 1100 |
| (J) Notwithstanding any provision of law to the
contrary
and | 1101 |
|
regardless of whether a protection order is issued or a consent | 1102 |
|
agreement is approved by a court of
another county or a court of | 1103 |
|
another state, no
court
or unit of state or local government shall | 1104 |
|
charge
any fee, cost, deposit, or money in connection with
the | 1105 |
|
filing of a motion
pursuant to
this section, in connection
with | 1106 |
|
the filing, issuance,
registration, or service of a
protection | 1107 |
|
order or consent agreement, or for obtaining a
certified copy of a | 1108 |
|
protection order or consent agreement. | 1109 |
| (D)(1) If a person who files a petition pursuant to this | 1174 |
|
section requests an ex parte order, the court shall hold an ex | 1175 |
|
parte hearing on the same day that the petition is filed. The | 1176 |
|
court, for good cause shown at the ex parte hearing, may enter
any | 1177 |
|
temporary orders, with or without bond, including, but not
limited | 1178 |
|
to, an order described in division (E)(1)(a), (b), or (c)
of this | 1179 |
|
section, that the court finds necessary to protect the
family or | 1180 |
|
household member from domestic violence. Immediate and
present | 1181 |
|
danger of domestic violence to the family or household
member
| 1182 |
|
constitutes good cause for purposes of this section.
Immediate and | 1183 |
|
present danger includes, but is not limited to,
situations in | 1184 |
|
which the respondent has threatened the family or
household member | 1185 |
|
with bodily harm, in which the respondent has threatened the | 1186 |
|
family or household member with a sexually oriented offense, or in | 1187 |
|
which the respondent
previously has been
convicted of or pleaded | 1188 |
|
guilty to an
offense that constitutes
domestic violence against | 1189 |
|
the family or
household member. | 1190 |
| (2)(a) If the court, after an ex parte hearing, issues an | 1191 |
|
order
described in division (E)(1)(b) or (c) of this section, the | 1192 |
|
court
shall schedule a full hearing for a date that is within | 1193 |
|
seven
court days after the ex parte hearing. If any other type of | 1194 |
|
protection order that is authorized under division (E) of this | 1195 |
|
section is issued by the court after an ex parte hearing, the | 1196 |
|
court shall
schedule a full hearing for a date that is within ten | 1197 |
|
court days after the ex parte hearing. The court shall give the | 1198 |
|
respondent
notice of, and an
opportunity to be heard at, the full | 1199 |
|
hearing. The court shall hold the
full hearing on the date | 1200 |
|
scheduled under this division unless the court grants
a | 1201 |
|
continuance of the hearing in accordance with this division.
Under | 1202 |
|
any of
the following circumstances or for any of the
following | 1203 |
|
reasons, the court may
grant a continuance of the full
hearing to | 1204 |
|
a reasonable time determined by the
court: | 1205 |
| (b) Grant possession of the residence or household to the | 1231 |
|
petitioner or other family or household member, to the exclusion | 1232 |
|
of the respondent, by evicting the respondent, when the residence | 1233 |
|
or household is owned or leased solely by the petitioner or other | 1234 |
|
family or household member, or by ordering the respondent to | 1235 |
|
vacate the premises, when the residence or household is jointly | 1236 |
|
owned or leased by the respondent, and the petitioner or other | 1237 |
|
family or household member; | 1238 |
| (c) When the respondent has a duty to support the
petitioner | 1239 |
|
or other family or household member living in the
residence or | 1240 |
|
household and the respondent is the sole owner or
lessee of the | 1241 |
|
residence or household, grant possession of the
residence or | 1242 |
|
household to the petitioner or other family or
household member, | 1243 |
|
to the exclusion of the respondent, by ordering
the respondent to | 1244 |
|
vacate the premises, or, in the case of a
consent agreement, allow | 1245 |
|
the respondent to provide suitable,
alternative housing; | 1246 |
| (2) If a protection order has been issued pursuant to this | 1269 |
|
section in a prior action involving the respondent and the | 1270 |
|
petitioner or one or more of the family or household members or | 1271 |
|
victims, the
court may include in a protection order that it | 1272 |
|
issues a
prohibition against the respondent returning to the | 1273 |
|
residence or
household. If it includes a prohibition against the | 1274 |
|
respondent
returning to the residence or household
in the order, | 1275 |
|
it also
shall include in the order provisions
of the type | 1276 |
|
described in
division
(E)(7) of this section. This
division does | 1277 |
|
not preclude
the court from including in a
protection order or | 1278 |
|
consent
agreement, in circumstances other
than those described in | 1279 |
|
this
division, a requirement that the
respondent be evicted from | 1280 |
|
or
vacate the residence or household
or refrain from entering the | 1281 |
|
residence, school, business, or
place of employment of the | 1282 |
|
petitioner or a family or household
member, and, if the court | 1283 |
|
includes any requirement of that type in an order
or agreement, | 1284 |
|
the court also shall include in the order
provisions of the type | 1285 |
|
described in division
(E)(7) of this section. | 1286 |
| (b) Subject to the limitation on the duration of an order or | 1292 |
|
agreement set
forth in division (E)(3)(a) of this section, any | 1293 |
|
order under
division (E)(1)(d) of this section shall terminate on | 1294 |
|
the date that a court in
an action for divorce,
dissolution of | 1295 |
|
marriage, or legal separation brought by the petitioner or | 1296 |
|
respondent issues an order allocating parental rights and | 1297 |
|
responsibilities for
the care of children or on the date that a | 1298 |
|
juvenile court in an action brought
by the petitioner or | 1299 |
|
respondent issues an order awarding legal custody of
minor | 1300 |
|
children. Subject to the limitation on the duration of an order
or | 1301 |
|
agreement set forth in division (E)(3)(a) of this section, any | 1302 |
|
order under
division (E)(1)(e) of this section shall terminate on | 1303 |
|
the date that a court in
an action for divorce, dissolution of | 1304 |
|
marriage, or legal separation brought by
the petitioner or | 1305 |
|
respondent issues a support order or on the date that a
juvenile | 1306 |
|
court in an action brought by the petitioner or respondent issues | 1307 |
|
a
support order. | 1308 |
| (d) After a full hearing at which the respondent presents | 1328 |
|
evidence in support
of the request for a protection order and the | 1329 |
|
petitioner is afforded an
opportunity to defend against that | 1330 |
|
evidence, the court determines that the
petitioner has committed | 1331 |
|
an act of domestic violence or has violated a
temporary protection | 1332 |
|
order issued pursuant to section 2919.26 of the Revised
Code, that | 1333 |
|
both the petitioner and the respondent acted primarily as | 1334 |
|
aggressors, and that neither the petitioner nor the respondent | 1335 |
|
acted primarily
in self-defense. | 1336 |
| (6)(a) If a petitioner, or the child of a petitioner, who | 1340 |
|
obtains a
protection order or consent agreement pursuant to | 1341 |
|
division (E)(1) of this
section or a temporary protection order | 1342 |
|
pursuant to section
2919.26 of the Revised Code and is the subject | 1343 |
|
of a parenting time order
issued pursuant to section 3109.051 or | 1344 |
|
3109.12 of the Revised Code or a visitation or
companionship order | 1345 |
|
issued pursuant to section 3109.051,
3109.11, or 3109.12 of the | 1346 |
|
Revised Code or division (E)(1)(d) of this section
granting | 1347 |
|
parenting time rights to
the respondent, the court
may require the | 1348 |
|
public children services agency of the county in which the
court | 1349 |
|
is located to provide supervision of the respondent's exercise of | 1350 |
|
parenting time or visitation or companionship rights with respect | 1351 |
|
to
the child for a period not
to exceed nine months, if the court | 1352 |
|
makes the following findings
of fact: | 1353 |
| (7)(a) If a protection order issued or consent agreement | 1362 |
|
approved
under this section includes a requirement that the | 1363 |
|
respondent be
evicted from or vacate the residence or household or | 1364 |
|
refrain
from entering the residence, school, business, or place of | 1365 |
|
employment of the petitioner or a family or household member, the | 1366 |
|
order or agreement shall state clearly that the order or
agreement | 1367 |
|
cannot be waived or nullified by an invitation to the
respondent | 1368 |
|
from the petitioner or other family or household
member to enter | 1369 |
|
the residence, school, business, or place of
employment or by the | 1370 |
|
respondent's entry into one of those places
otherwise upon the | 1371 |
|
consent of the petitioner or other family or
household member. | 1372 |
| (b) Division (E)(7)(a) of this section
does not limit any | 1373 |
|
discretion of a court to
determine that a respondent charged with | 1374 |
|
a violation of
section 2919.27 of the Revised Code, with a | 1375 |
|
violation of a
municipal ordinance substantially equivalent to | 1376 |
|
that section, or
with contempt of court, which charge is based on | 1377 |
|
an alleged
violation of a protection order issued or consent | 1378 |
|
agreement approved under
this section, did not commit the | 1379 |
|
violation or was not in contempt of
court. | 1380 |
| (b) Either the petitioner or the respondent of the original | 1388 |
|
protection order or consent agreement may bring a motion for | 1389 |
|
modification or termination of a protection order or consent | 1390 |
|
agreement that was issued or approved after a full hearing. The | 1391 |
|
court shall require notice of the motion to be made as provided by | 1392 |
|
the Rules of Civil Procedure. If the petitioner for the original | 1393 |
|
protection order or consent agreement has requested that the | 1394 |
|
petitioner's address be kept confidential, the court shall not | 1395 |
|
disclose the address to the respondent of the original protection | 1396 |
|
order or consent agreement or any other person, except as | 1397 |
|
otherwise required by law. The moving party has the burden of | 1398 |
|
proof to show, by a preponderance of the evidence, that | 1399 |
|
modification or termination of the protection order or consent | 1400 |
|
agreement is appropriate because either the protection order or | 1401 |
|
consent agreement is no longer needed or because the terms of the | 1402 |
|
original protection order or consent agreement are no longer | 1403 |
|
appropriate. | 1404 |
| (d) If a protection order or consent agreement is modified or | 1441 |
|
terminated as provided in division (E)(8) of this section, the | 1442 |
|
court shall issue copies of the modified or terminated order or | 1443 |
|
agreement as provided in division (F) of this section. A | 1444 |
|
petitioner may also provide notice of the modification or | 1445 |
|
termination to the judicial and law enforcement officials in any | 1446 |
|
county other than the county in which the order or agreement is | 1447 |
|
modified or terminated as provided in division (N) of this | 1448 |
|
section. | 1449 |
| (F)(1) A copy of any protection order, or consent
agreement, | 1454 |
|
that is issued, approved, modified, or terminated under this | 1455 |
|
section shall be
issued by
the court to the petitioner, to the | 1456 |
|
respondent, and to
all law
enforcement agencies that have | 1457 |
|
jurisdiction to enforce
the order
or agreement. The court shall | 1458 |
|
direct that a copy of an
order be
delivered to the respondent on | 1459 |
|
the same day that the
order is
entered. | 1460 |
| (3) Regardless of whether the petitioner has registered the | 1467 |
|
order or
agreement in the county in which the officer's agency has | 1468 |
|
jurisdiction
pursuant to division (N) of this section, any officer | 1469 |
|
of a law enforcement
agency shall enforce
a protection order | 1470 |
|
issued or consent agreement approved by any court in this
state in | 1471 |
|
accordance with the
provisions of the order or agreement, | 1472 |
|
including removing the
respondent from the premises, if | 1473 |
|
appropriate. | 1474 |
| (G) Any proceeding under this section shall be conducted
in | 1475 |
|
accordance with the Rules of Civil Procedure, except that an
order | 1476 |
|
under this section may be obtained with or without bond.
An order | 1477 |
|
issued under this section, other than an ex parte order, that | 1478 |
|
grants a protection order or approves a consent agreement, that | 1479 |
|
refuses to
grant a protection order or approve a consent
agreement | 1480 |
|
that modifies or terminates a protection order or consent | 1481 |
|
agreement, or that refuses to modify or terminate a protection | 1482 |
|
order or consent agreement, is a final,
appealable order. The | 1483 |
|
remedies and
procedures provided in this
section are in
addition | 1484 |
|
to, and not in
lieu of, any other available civil or
criminal | 1485 |
|
remedies. | 1486 |
| (H) The filing of proceedings under this section does not | 1487 |
|
excuse a person from filing any report or giving any notice | 1488 |
|
required by section 2151.421 of the Revised Code or by any other | 1489 |
|
law. When a petition under this section alleges domestic
violence | 1490 |
|
against minor children, the court shall report the fact,
or cause | 1491 |
|
reports to be made, to a county, township, or municipal
peace | 1492 |
|
officer under section 2151.421 of the Revised Code. | 1493 |
| (J) Notwithstanding any provision of law to the contrary
and | 1498 |
|
regardless of whether a protection order is
issued or a consent | 1499 |
|
agreement is approved by a court of another county or a court of | 1500 |
|
another state,
no
court
or unit of state or local government shall | 1501 |
|
charge
any fee, cost, deposit, or money in connection with
the | 1502 |
|
filing of a
petition pursuant
to this section
or in connection | 1503 |
|
with the
filing, issuance, registration, or service of a | 1504 |
|
protection order
or consent agreement, or for obtaining a | 1505 |
|
certified copy of a
protection order or consent agreement. | 1506 |
| (2) If any person required to pay child support under an | 1510 |
|
order
made under this section on or after April 15, 1985, or | 1511 |
|
modified
under this section on or after December 31, 1986, is | 1512 |
|
found in
contempt of court for failure to make support payments | 1513 |
|
under the
order, the court that makes the finding, in addition to | 1514 |
|
any other
penalty or remedy imposed, shall assess all court costs | 1515 |
|
arising
out of the contempt proceeding against the person and | 1516 |
|
require the
person to pay any reasonable attorney's fees of any | 1517 |
|
adverse
party, as determined by the court, that arose in relation | 1518 |
|
to the
act of contempt. | 1519 |
| (2) The punishment of a person for contempt of court for | 1527 |
|
violation of a protection order issued or a consent agreement | 1528 |
|
approved under this section does not bar criminal prosecution of | 1529 |
|
the person for a violation of section 2919.27 of the Revised
Code. | 1530 |
|
However, a person punished for contempt of court is
entitled to | 1531 |
|
credit for the punishment imposed upon conviction of
a violation | 1532 |
|
of that section, and a person convicted of a
violation of that | 1533 |
|
section shall not subsequently be punished for
contempt of court | 1534 |
|
arising out of the same activity. | 1535 |
| (N)(1) A petitioner who obtains a protection order or
consent | 1538 |
|
agreement under
this section or a temporary protection
order under | 1539 |
|
section 2919.26 of the
Revised Code may provide notice
of the | 1540 |
|
issuance or approval of the order or
agreement to the
judicial and | 1541 |
|
law enforcement officials in any county other
than
the county in | 1542 |
|
which the order is issued or the agreement is
approved by | 1543 |
|
registering that order or agreement in the other
county pursuant | 1544 |
|
to division
(N)(2) of this section and filing a
copy of the | 1545 |
|
registered order or registered
agreement with a law
enforcement | 1546 |
|
agency in the other county in accordance with
that
division. A | 1547 |
|
person who obtains a protection order issued by a
court
of another | 1548 |
|
state may provide notice of the issuance of the
order to the | 1549 |
|
judicial and law enforcement officials in any county
of this state | 1550 |
|
by
registering the order in that county pursuant to
section | 1551 |
|
2919.272 of the
Revised Code and filing a copy of the
registered | 1552 |
|
order with a law enforcement
agency in that county. | 1553 |
| Sec. 4731.284. For the purposes of division (F) of section | 1576 |
|
2152.19 of the Revised Code, the state medical board shall approve | 1577 |
|
one or more continuing medical education courses of study included | 1578 |
|
within the programs certified by the Ohio state medical | 1579 |
|
association and the Ohio osteopathic association pursuant to | 1580 |
|
section 4731.281 of the Revised Code with regard to the counseling | 1581 |
|
of individuals who abuse animals. Doctors of medicine and surgery | 1582 |
|
and doctors of osteopathic medicine and surgery are not required | 1583 |
|
to take the courses except as otherwise provided in division (F) | 1584 |
|
of section 2152.19 of the Revised Code. | 1585 |
| Sec. 4732.141. (A)(1) On
or before
the
thirty-first day of | 1586 |
|
August of each
even-numbered year
beginning in 1998 and until the | 1587 |
|
requirement
set forth
in division (A)(2) of this section applies, | 1588 |
|
each person
licensed
under this
chapter by the
state board of | 1589 |
|
psychology shall have
completed, in the preceding
two-year period, | 1590 |
|
not less than twenty
hours of continuing education in
psychology | 1591 |
|
or the number of
hours
determined under division
(D) of this | 1592 |
|
section. | 1593 |
| (2)
On or before the thirty-first day of August of each | 1594 |
|
even-numbered year after the biennium in which this amendment | 1595 |
|
takes effect,
each person licensed under this chapter by the state | 1596 |
|
board of psychology shall
have completed, in the preceding | 1597 |
|
two-year period, not less than twenty-three
hours of continuing | 1598 |
|
education in psychology, including not less
than three hours of | 1599 |
|
continuing education in professional conduct and ethics,
or
the | 1600 |
|
number of hours determined under division (D) of this section. | 1601 |
| (3) Each person
subject to division (A)(1)
or (2) of this | 1602 |
|
section shall certify to the board, at the time of
biennial | 1603 |
|
registration pursuant to section 4732.14 of the Revised
Code and | 1604 |
|
on the registration form prescribed by the board
under that | 1605 |
|
section, that in the preceding two years the person has
completed | 1606 |
|
continuing psychology education in compliance with this section.
| 1607 |
|
The board shall adopt rules establishing the procedure for a | 1608 |
|
person to certify
to the board and for properly recording with the | 1609 |
|
Ohio psychological
association or the state board of education | 1610 |
|
completion of the continuing
education. | 1611 |
| (1) It is obtained through
a program or course approved by | 1615 |
|
the state board of psychology, the
Ohio psychological association, | 1616 |
|
the Ohio association of black
psychologists, or the American | 1617 |
|
psychological association or, in
the case of a licensed school | 1618 |
|
psychologist or
a licensed psychologist with a school psychology | 1619 |
|
specialty, by the state
board
of education, the Ohio school | 1620 |
|
psychologists association, or the
national association of school | 1621 |
|
psychologists; | 1622 |
| The state board of psychology may disapprove any program or | 1627 |
|
course that has
been approved by the Ohio psychological | 1628 |
|
association,
Ohio association of black
psychologists, American | 1629 |
|
psychological association, state board of
education,
Ohio school | 1630 |
|
psychologists association, or national association of
school | 1631 |
|
psychologists. Such program or course may not be applied to meet | 1632 |
|
the
requirement of division
(A) of this section. | 1633 |
| (C) Each person licensed under this
chapter shall be given a | 1634 |
|
sufficient choice of continuing
education programs or
courses in | 1635 |
|
psychology,
including programs or courses on professional
conduct | 1636 |
|
and ethics when required under division (A)(2) of this
section, to | 1637 |
|
ensure that the person has had a reasonable
opportunity to | 1638 |
|
participate in programs or courses that are relevant to the | 1639 |
|
person's
practice in terms
of subject matter and level. | 1640 |
| (E) Each person licensed under this
chapter shall retain in | 1644 |
|
the person's records for at least three years the
receipts, | 1645 |
|
vouchers, or certificates necessary to document
completion of | 1646 |
|
continuing psychology education. Proof of continuing psychology | 1647 |
|
education recorded with the Ohio psychological association or the | 1648 |
|
state board of education in accordance with the procedures | 1649 |
|
established
pursuant to division (A) of this section shall serve | 1650 |
|
as sufficient
documentation of completion. With cause, the board | 1651 |
|
may request the
documentation from the person. The board also may | 1652 |
|
request
the documentation
from persons licensed under this chapter | 1653 |
|
selected at random, without cause.
The board may review any | 1654 |
|
continuing psychology education records recorded by
the Ohio | 1655 |
|
psychological association or the state board of education. | 1656 |
| Sec. 4757.33. (A) Except as provided in division (B) of
this | 1673 |
|
section, each person who holds a license or certificate of | 1674 |
|
registration
issued under this chapter shall complete during the | 1675 |
|
period that the license or
certificate is in effect not less than | 1676 |
|
thirty clock hours of continuing
professional education as a | 1677 |
|
condition of receiving a renewed license or
certificate. To have
a | 1678 |
|
lapsed license or certificate of registration
restored, a person | 1679 |
|
shall complete the number of hours of continuing education | 1680 |
|
specified by the counselor, social worker,
and
marriage and
family | 1681 |
|
therapist board in rules it shall adopt in
accordance with
Chapter | 1682 |
|
119. of the Revised Code. | 1683 |
| In the case of a social worker licensed by virtue of | 1694 |
|
receiving, prior to
October 10, 1992, a baccalaureate degree in a | 1695 |
|
program closely related
to social work, as a condition of the | 1696 |
first renewal of the license, the social
worker mustshall | 1697 |
|
complete at
an accredited educational institution a minimum of | 1698 |
|
five semester
hours of social work graduate or undergraduate | 1699 |
|
credit, or their
equivalent, that is acceptable to the committee | 1700 |
|
and includes a
course in
social work theory and a course in social | 1701 |
|
work methods. | 1702 |
| (2) Commit the child to the temporary custody of any school, | 1724 |
|
camp, institution, or other facility operated for the care of | 1725 |
|
delinquent
children by the county, by a district organized under | 1726 |
section
2152.41 or 2151.65 or 2152.41 of the Revised Code, or by a | 1727 |
|
private
agency or organization, within or without the state, that | 1728 |
|
is
authorized and
qualified to provide the care, treatment, or | 1729 |
|
placement required, including, but not limited to, a school, camp, | 1730 |
|
or facility operated under section 2151.65 of the Revised Code; | 1731 |
| (4) Place the child on community control under any
sanctions, | 1735 |
|
services,
and conditions that the court prescribes. As
a
condition | 1736 |
|
of
community control in every case and in addition to
any other | 1737 |
|
condition that it imposes upon the child, the court
shall require | 1738 |
|
the child
to abide by the law during the period of
community | 1739 |
|
control. As
referred to in this division, community
control | 1740 |
|
includes, but is
not limited to, the following sanctions
and | 1741 |
|
conditions: | 1742 |
| A period of house arrest with electronic monitoring or | 1782 |
|
continuous alcohol monitoring or both electronic monitoring and | 1783 |
|
continuous alcohol monitoring, imposed
under
this division shall | 1784 |
|
not extend beyond the child's
twenty-first birthday. If a
court | 1785 |
|
imposes a period of
house arrest with electronic monitoring or | 1786 |
|
continuous alcohol monitoring or both electronic monitoring and | 1787 |
|
continuous alcohol monitoring, upon a
child under this
division, | 1788 |
|
it shall require the child: to remain in the child's
home or
other | 1789 |
|
specified premises for the entire period of
house arrest with | 1790 |
|
electronic monitoring or continuous alcohol monitoring or both | 1791 |
|
except when the court
permits the child to
leave those premises to | 1792 |
|
go to school or to
other specified
premises. Regarding electronic | 1793 |
|
monitoring, the court also shall require the child to be monitored | 1794 |
|
by a central system that
can determine
the child's location at | 1795 |
|
designated times; to report
periodically
to a person designated by | 1796 |
|
the court; and to enter
into a written
contract with the court | 1797 |
|
agreeing to comply with all
requirements
imposed by the court, | 1798 |
|
agreeing to pay any fee imposed
by the court
for the costs of the | 1799 |
|
house
arrest with electronic monitoring, and
agreeing to waive the | 1800 |
|
right to receive credit for any
time served
on house arrest with | 1801 |
|
electronic monitoring toward the
period of any
other dispositional | 1802 |
|
order imposed upon the child if
the child
violates any of the | 1803 |
|
requirements of the dispositional
order of
house arrest with | 1804 |
|
electronic monitoring. The court also
may impose
other reasonable | 1805 |
|
requirements upon the child. | 1806 |
| Unless ordered by the court, a child shall not receive credit | 1807 |
|
for any time
served on
house arrest with electronic monitoring
or | 1808 |
|
continuous alcohol monitoring or both toward any other | 1809 |
|
dispositional
order imposed upon the child for
the act for which | 1810 |
|
was imposed the
dispositional order of
house arrest with | 1811 |
|
electronic monitoring or continuous alcohol monitoring. As used in | 1812 |
this division and division (A)(4)(l)(j) of this section, | 1813 |
|
"continuous
alcohol monitoring" has the same meaning as in | 1814 |
|
section 2929.01 of
the Revised Code. | 1815 |
| (l) A suspension of the driver's license, probationary | 1816 |
|
driver's
license, or temporary instruction permit issued to the | 1817 |
|
child
for a period of time prescribed by the court, or a | 1818 |
|
suspension
of the
registration of all motor vehicles
registered in | 1819 |
|
the name of the child
for a period of time prescribed by the | 1820 |
|
court. A child whose license or
permit is so suspended is | 1821 |
|
ineligible for issuance of a license or
permit during the period | 1822 |
|
of suspension. At the end of the period
of suspension, the child | 1823 |
|
shall not be reissued a license or permit
until the child has paid | 1824 |
|
any applicable reinstatement fee and
complied with all | 1825 |
|
requirements governing license reinstatement. | 1826 |
| (b) If a child is adjudicated a delinquent child for being a | 1844 |
|
chronic truant or a habitual truant who previously has been | 1845 |
|
adjudicated an
unruly child for being a
habitual truant and the | 1846 |
|
court determines that the parent,
guardian, or other person having | 1847 |
|
care of the child has failed to
cause the child's attendance at | 1848 |
|
school in violation of section
3321.38 of the Revised Code, do | 1849 |
|
either or both of the
following: | 1850 |
| (B) If a child is adjudicated a delinquent child, in
addition | 1872 |
|
to
any order of disposition made under division (A) of
this | 1873 |
|
section, the
court, in
the following situations
and for the | 1874 |
|
specified periods of time, shall
suspend the child's temporary | 1875 |
|
instruction
permit, restricted
license, probationary driver's | 1876 |
|
license, or nonresident
operating
privilege, or suspend the | 1877 |
|
child's ability to obtain such a permit: | 1878 |
| (2)
If the child is adjudicated a delinquent child for | 1886 |
|
committing an
act that if committed by an adult would be a drug | 1887 |
|
abuse offense
or for violating
division (B) of section 2917.11 of | 1888 |
|
the Revised
Code,
suspend the child's license, permit, or | 1889 |
|
privilege for a period of time prescribed by the court. The court, | 1890 |
|
in its discretion, may terminate the suspension
if the child | 1891 |
|
attends and
satisfactorily completes a drug abuse or
alcohol abuse | 1892 |
|
education,
intervention, or treatment program
specified by the | 1893 |
|
court. During
the time the child is attending
a program
described | 1894 |
|
in this division, the
court shall retain
the child's
temporary | 1895 |
|
instruction permit, probationary
driver's license, or
driver's | 1896 |
|
license, and the
court shall return the permit or
license
if it | 1897 |
|
terminates the
suspension as described in this
division. | 1898 |
| (D)(1) If a child is adjudicated a delinquent child for | 1904 |
|
committing an act that would be a felony if committed by an adult | 1905 |
|
and if the
child caused, attempted to cause, threatened to
cause, | 1906 |
|
or created a risk of physical harm to the victim of the
act, the | 1907 |
|
court, prior to issuing an order of disposition under
this | 1908 |
|
section, shall order the preparation of a victim impact
statement | 1909 |
|
by the probation department of the county in which the
victim of | 1910 |
|
the act resides, by the court's own probation department, or by a | 1911 |
|
victim assistance program that is operated by the state, a county, | 1912 |
|
a municipal
corporation, or another governmental entity. The court | 1913 |
|
shall
consider the victim impact statement in determining the | 1914 |
|
order of
disposition to issue for the child. | 1915 |
| (2) Each victim impact statement shall identify the victim
of | 1916 |
|
the
act for which the child was adjudicated a delinquent child, | 1917 |
|
itemize any
economic loss suffered by the victim as a result of | 1918 |
|
the act,
identify any physical injury suffered by the victim as a | 1919 |
|
result of
the act and the seriousness and permanence of the | 1920 |
|
injury, identify
any change in the victim's personal welfare or | 1921 |
|
familial
relationships as a result of the act and any | 1922 |
|
psychological impact
experienced by the victim or the victim's | 1923 |
|
family as a result of the act, and
contain any other
information | 1924 |
|
related to the impact of the act upon the victim that the
court | 1925 |
|
requires. | 1926 |
| (3) A victim impact statement shall be kept confidential and | 1927 |
|
is
not a public record. However, the court may furnish copies of | 1928 |
|
the statement
to the department of youth services if the | 1929 |
|
delinquent child
is committed to the department or to both the | 1930 |
|
adjudicated
delinquent child or the adjudicated delinquent child's | 1931 |
|
counsel and
the prosecuting attorney. The copy of a victim impact | 1932 |
|
statement
furnished by the court to the department pursuant to | 1933 |
|
this section
shall be kept confidential and is not a public | 1934 |
|
record.
If an officer is preparing pursuant to section 2947.06 or | 1935 |
|
2951.03 of the Revised Code or Criminal Rule 32.2 a presentence | 1936 |
|
investigation report pertaining to a person, the court shall make | 1937 |
|
available to the officer, for use in preparing the report, a copy | 1938 |
|
of any victim impact statement regarding that person. The copies | 1939 |
|
of a victim
impact statement that are made
available to the | 1940 |
|
adjudicated delinquent child or the adjudicated
delinquent child's | 1941 |
|
counsel and the
prosecuting attorney pursuant
to this division | 1942 |
|
shall be returned to the
court by the person to
whom they were | 1943 |
|
made available
immediately following the imposition
of an order of | 1944 |
|
disposition for the
child under this chapter. | 1945 |
| (E) If a child is adjudicated a delinquent child for being a | 1953 |
|
chronic
truant or a habitual truant who previously has been | 1954 |
|
adjudicated an
unruly child for being a habitual truant and the | 1955 |
|
court determines that
the parent, guardian, or other person having | 1956 |
|
care of the child has
failed to cause the child's attendance at | 1957 |
|
school in violation of
section 3321.38 of the Revised Code, in | 1958 |
|
addition to any
order of
disposition it makes under this section, | 1959 |
|
the court shall warn the
parent, guardian, or other person having | 1960 |
|
care of the child that
any subsequent adjudication of the child as | 1961 |
|
an unruly or
delinquent child for being a habitual or chronic | 1962 |
|
truant may
result in a criminal charge against the parent, | 1963 |
|
guardian, or other
person having care of the child for a violation | 1964 |
|
of division (C) of
section 2919.21 or section 2919.24 of the | 1965 |
|
Revised Code. | 1966 |
| (F) If a child under eighteen years of age is adjudicated a | 1967 |
|
delinquent child for a violation of division (B) of section | 1968 |
|
959.131 of the Revised Code, the court, in addition to any other | 1969 |
|
disposition that it makes under this section, shall require the | 1970 |
|
child to undergo psychological evaluation and individual or family | 1971 |
|
counseling for a period of not less than six months. The person | 1972 |
|
conducting the individual or family counseling shall have | 1973 |
|
completed continuing education that is approved or included under | 1974 |
|
section 4731.284, 4732.141, or 4757.33 of the Revised Code, as | 1975 |
|
applicable, with regard to the counseling of individuals who abuse | 1976 |
|
animals. The court may order the parent, guardian, or other person | 1977 |
|
having care of the child to pay the costs of the evaluation, the | 1978 |
|
counseling, or both. | 1979 |
|
(G)(1) During the period of a delinquent child's community | 1980 |
|
control granted under this section, authorized probation officers | 1981 |
|
who are
engaged within the scope of their supervisory duties
or | 1982 |
|
responsibilities may search, with or without a warrant, the
person | 1983 |
|
of the delinquent child, the place of residence of the
delinquent | 1984 |
|
child, and a motor vehicle, another item of tangible or
intangible | 1985 |
|
personal property, or other real property in which the
delinquent | 1986 |
|
child has a right, title, or interest or for which the
delinquent | 1987 |
|
child has the express or implied permission of a person with a | 1988 |
|
right, title, or interest to use, occupy, or possess if the | 1989 |
|
probation officers
have reasonable grounds to believe that the | 1990 |
|
delinquent child is not abiding by
the law or otherwise is not | 1991 |
|
complying with the conditions of the
delinquent child's community | 1992 |
|
control. The court that places a
delinquent child on community | 1993 |
|
control under this section shall
provide the delinquent child with | 1994 |
|
a written notice that informs
the delinquent child that authorized | 1995 |
|
probation officers who are
engaged within the scope of their | 1996 |
|
supervisory duties or responsibilities may
conduct those types of | 1997 |
|
searches during the period of community control if they
have | 1998 |
|
reasonable grounds to believe that the delinquent child is
not | 1999 |
|
abiding by the law or otherwise is not complying with the | 2000 |
|
conditions of the delinquent child's community control. The court | 2001 |
|
also shall provide the written notice described in division | 2002 |
(E)(G)(2)
of this section to each
parent, guardian, or custodian | 2003 |
|
of the
delinquent child who is described in
that
division. | 2004 |
| (2) The court that places a child on community control under | 2005 |
|
this
section shall provide the child's parent, guardian, or other | 2006 |
|
custodian
with a written notice that informs them that authorized | 2007 |
|
probation
officers may conduct searches pursuant to division | 2008 |
(E)(G)(1) of this
section. The notice shall specifically state | 2009 |
|
that
a
permissible
search might extend to a motor vehicle, | 2010 |
|
another item
of tangible
or intangible personal property, or a | 2011 |
|
place of
residence or other
real property in which a notified | 2012 |
|
parent,
guardian, or custodian
has a right, title, or interest and | 2013 |
|
that
the parent, guardian, or
custodian expressly or impliedly | 2014 |
|
permits
the child to use, occupy,
or possess. | 2015 |