As Passed by the House

127th General Assembly
Regular Session
2007-2008
Sub. H. B. No. 418


Representatives Combs, Williams, B. 

Cosponsors: Representatives Evans, Lundy, Setzer, Fende, DeBose, Domenick, Brown, Yuko, Stebelton, Hughes, Harwood, Heard, Mandel, Dyer, Adams, Bacon, Bolon, Boyd, Celeste, Chandler, Ciafardini, Collier, Garrison, Grady, Hagan, R., Hite, Letson, Luckie, Mallory, Nero, Newcomb, Peterson, Schneider, Slesnick, Stewart, D. 

A BILL
To amend sections 959.99, 2152.19, 2903.213, 1
2903.214, 2919.26, 3113.31, 4732.141, and 4757.33 2
and to enact section 4731.284 of the Revised 3
Code to revise the penalties and sentencing 4
provisions regarding violations of the cruelty to 5
animals statutes and to include the protection of 6
companion animals in temporary protection orders, 7
domestic violence protection orders, 8
anti-stalking protection orders, and related 9
protection orders.10


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

       Section 1. That sections 959.99, 2152.19, 2903.213, 2903.214, 11
2919.26, 3113.31, 4732.141, and 4757.33 be amended and section 12
4731.284 of the Revised Code be enacted to read as follows:13

       Sec. 959.99.  (A) Whoever violates section 959.18 or 959.19 14
of the Revised Code is guilty of a minor misdemeanor.15

       (B) Except as otherwise provided in this division, whoever16
violates section 959.02 of the Revised Code is guilty of a17
misdemeanor of the second degree. If the value of the animal18
killed or the injury done amounts to three hundred dollars or19
more, whoever violates section 959.02 of the Revised Code is20
guilty of a misdemeanor of the first degree.21

       (C) Whoever violates section 959.03, 959.06, 959.12, 959.15,22
or 959.17 of the Revised Code is guilty of a misdemeanor of the23
fourth degree.24

       (D) Whoever violates division (A) of section 959.13 of the25
Revised Code is guilty of a misdemeanor of the second degree on a 26
first offense and a misdemeanor of the first degree on each 27
subsequent offense. In addition, the court may order the offender 28
to forfeit the animal or livestock and may provide for its 29
disposition, including, but not limited to, the sale of the 30
animal or livestock. If an animal or livestock is forfeited and 31
sold pursuant to this division, the proceeds from the sale first 32
shall be applied to pay the expenses incurred with regard to the 33
care of the animal from the time it was taken from the custody of 34
the former owner. The balance of the proceeds from the sale, if 35
any, shall be paid to the former owner of the animal.36

       (E)(1)(a) Whoever violates division (B) of section 959.131 of37
the Revised Code is guilty of a misdemeanor of the first degree on38
a first offense and a felony of the fifth degree on each39
subsequent offense. In addition to any other sanction imposed for 40
a felony violation of division (B) of section 959.131 of the 41
Revised Code, a court shall impose a term of basic probation 42
supervision or a term of intensive probation supervision.43

        (b) As used in division (E)(1)(a) of this section, "basic 44
probation supervision" and "intensive probation supervision" have 45
the same meanings as in section 2929.01 of the Revised Code.46

       (2) Whoever violates section 959.01 of the Revised Code or47
division (C) of section 959.131 of the Revised Code is guilty of a48
misdemeanor of the second degree on a first offense and a49
misdemeanor of the first degree on each subsequent offense.50

       (3)(a) A court may order a person who is convicted of or51
pleads guilty to a violation of section 959.131 of the Revised52
Code to forfeit to an impounding agency, as defined in section53
959.132 of the Revised Code, any or all of the companion animals54
in that person's ownership or care. The court also may prohibit or 55
place limitations on the person's ability to own or care for any56
companion animals for a specified or indefinite period of time.57

       (b) A court may order a person who is convicted of or pleads 58
guilty to a violation of section 959.131 of the Revised Code to 59
reimburse an impounding agency for the reasonably necessary costs 60
incurred by the agency for the care of a companion animal that the 61
agency impounded as a result of the investigation or prosecution 62
of the violation, provided that the costs were not otherwise paid 63
under section 959.132 of the Revised Code.64

       (4) If(a) Except as otherwise provided in division (E)(4)(b) 65
of this section, if a court has reason to believe that a person 66
who is convicted of or pleads guilty to a violation of section 67
959.131 of the Revised Code suffers from a mental or emotional68
disorder that contributed to the violation, the court may impose69
as a community control sanction or as a condition of probation a70
requirement that the offender undergo psychological evaluation or71
counseling. The court shall order the offender to pay the costs of 72
the evaluation or counseling.73

       (b) The court shall require a child under eighteen years of 74
age who is adjudicated a delinquent child under Chapter 2152. of 75
the Revised Code for a violation of division (B) of section 76
959.131 of the Revised Code to undergo psychological evaluation 77
and, if the evaluation determines that it is appropriate, to 78
undergo counseling in accordance with division (F) of section 79
2152.19 of the Revised Code.80

       (F) Whoever violates section 959.14 of the Revised Code is81
guilty of a misdemeanor of the second degree on a first offense82
and a misdemeanor of the first degree on each subsequent offense.83

       (G) Whoever violates section 959.05 or 959.20 of the Revised 84
Code is guilty of a misdemeanor of the first degree.85

       (H) Whoever violates section 959.16 of the Revised Code is86
guilty of a felony of the fourth degree foron a first offense and87
a felony of the third degree on each subsequent offense.88

       Sec. 2152.19.  (A) If a child is adjudicated a delinquent89
child, the court may make any of the following orders of90
disposition, in addition to any other disposition authorized or91
required by this chapter:92

       (1) Any order that is authorized by section 2151.353 of the93
Revised Code for the care and protection of an abused, neglected,94
or dependent child;95

       (2) Commit the child to the temporary custody of any school,96
camp, institution, or other facility operated for the care of97
delinquent children by the county, by a district organized under98
section 2152.41 or 2151.65 or 2152.41 of the Revised Code, or by a 99
private agency or organization, within or without the state, that 100
is authorized and qualified to provide the care, treatment, or101
placement required, including, but not limited to, a school, camp,102
or facility operated under section 2151.65 of the Revised Code;103

       (3) Place the child in a detention facility or district104
detention facility operated under section 2152.41 of the Revised105
Code, for up to ninety days;106

       (4) Place the child on community control under any sanctions,107
services, and conditions that the court prescribes. As a condition 108
of community control in every case and in addition to any other109
condition that it imposes upon the child, the court shall require 110
the child to abide by the law during the period of community 111
control. As referred to in this division, community control 112
includes, but is not limited to, the following sanctions and 113
conditions:114

       (a) A period of basic probation supervision in which the115
child is required to maintain contact with a person appointed to116
supervise the child in accordance with sanctions imposed by the117
court;118

       (b) A period of intensive probation supervision in which the119
child is required to maintain frequent contact with a person120
appointed by the court to supervise the child while the child is121
seeking or maintaining employment and participating in training,122
education, and treatment programs as the order of disposition;123

       (c) A period of day reporting in which the child is required124
each day to report to and leave a center or another approved125
reporting location at specified times in order to participate in126
work, education or training, treatment, and other approved127
programs at the center or outside the center;128

       (d) A period of community service of up to five hundred hours 129
for an act that would be a felony or a misdemeanor of the first 130
degree if committed by an adult, up to two hundred hours for an 131
act that would be a misdemeanor of the second, third, or fourth132
degree if committed by an adult, or up to thirty hours for an act133
that would be a minor misdemeanor if committed by an adult;134

       (e) A requirement that the child obtain a high school135
diploma, a certificate of high school equivalence, vocational136
training, or employment;137

       (f) A period of drug and alcohol use monitoring;138

       (g) A requirement of alcohol or drug assessment or139
counseling, or a period in an alcohol or drug treatment program140
with a level of security for the child as determined necessary by141
the court;142

       (h) A period in which the court orders the child to observe a 143
curfew that may involve daytime or evening hours;144

       (i) A requirement that the child serve monitored time;145

       (j) A period of house arrest without electronic monitoring or 146
continuous alcohol monitoring;147

       (k) A period of electronic monitoring or continuous alcohol 148
monitoring without house arrest, or house arrest with electronic 149
monitoring or continuous alcohol monitoring or both electronic 150
monitoring and continuous alcohol monitoring, that does not exceed 151
the maximum sentence of imprisonment that could be imposed upon an152
adult who commits the same act.153

       A period of house arrest with electronic monitoring or 154
continuous alcohol monitoring or both electronic monitoring and 155
continuous alcohol monitoring, imposed under this division shall 156
not extend beyond the child's twenty-first birthday. If a court157
imposes a period of house arrest with electronic monitoring or 158
continuous alcohol monitoring or both electronic monitoring and 159
continuous alcohol monitoring, upon a child under this division, 160
it shall require the child: to remain in the child's home or other 161
specified premises for the entire period of house arrest with 162
electronic monitoring or continuous alcohol monitoring or both 163
except when the court permits the child to leave those premises to 164
go to school or to other specified premises. Regarding electronic 165
monitoring, the court also shall require the child to be monitored 166
by a central system that can determine the child's location at 167
designated times; to report periodically to a person designated by 168
the court; and to enter into a written contract with the court 169
agreeing to comply with all requirements imposed by the court, 170
agreeing to pay any fee imposed by the court for the costs of the 171
house arrest with electronic monitoring, and agreeing to waive the 172
right to receive credit for any time served on house arrest with 173
electronic monitoring toward the period of any other dispositional 174
order imposed upon the child if the child violates any of the 175
requirements of the dispositional order of house arrest with 176
electronic monitoring. The court also may impose other reasonable 177
requirements upon the child.178

       Unless ordered by the court, a child shall not receive credit179
for any time served on house arrest with electronic monitoring or 180
continuous alcohol monitoring or both toward any other 181
dispositional order imposed upon the child for the act for which 182
was imposed the dispositional order of house arrest with 183
electronic monitoring or continuous alcohol monitoring. As used in 184
this division and division (A)(4)(l)(j) of this section, 185
"continuous alcohol monitoring" has the same meaning as in 186
section 2929.01 of the Revised Code.187

       (l) A suspension of the driver's license, probationary188
driver's license, or temporary instruction permit issued to the189
child for a period of time prescribed by the court, or a190
suspension of the registration of all motor vehicles registered in191
the name of the child for a period of time prescribed by the192
court. A child whose license or permit is so suspended is193
ineligible for issuance of a license or permit during the period194
of suspension. At the end of the period of suspension, the child195
shall not be reissued a license or permit until the child has paid196
any applicable reinstatement fee and complied with all197
requirements governing license reinstatement.198

       (5) Commit the child to the custody of the court;199

       (6) Require the child to not be absent without legitimate200
excuse from the public school the child is supposed to attend for201
five or more consecutive days, seven or more school days in one202
school month, or twelve or more school days in a school year;203

       (7)(a) If a child is adjudicated a delinquent child for being 204
a chronic truant or a habitual truant who previously has been 205
adjudicated an unruly child for being a habitual truant, do either 206
or both of the following:207

       (i) Require the child to participate in a truancy prevention208
mediation program;209

       (ii) Make any order of disposition as authorized by this210
section, except that the court shall not commit the child to a211
facility described in division (A)(2) or (3) of this section212
unless the court determines that the child violated a lawful court213
order made pursuant to division (C)(1)(e) of section 2151.354 of214
the Revised Code or division (A)(6) of this section.215

       (b) If a child is adjudicated a delinquent child for being a216
chronic truant or a habitual truant who previously has been217
adjudicated an unruly child for being a habitual truant and the218
court determines that the parent, guardian, or other person having219
care of the child has failed to cause the child's attendance at220
school in violation of section 3321.38 of the Revised Code, do221
either or both of the following:222

       (i) Require the parent, guardian, or other person having care 223
of the child to participate in a truancy prevention mediation224
program;225

       (ii) Require the parent, guardian, or other person having226
care of the child to participate in any community service program,227
preferably a community service program that requires the228
involvement of the parent, guardian, or other person having care229
of the child in the school attended by the child.230

       (8) Make any further disposition that the court finds proper,231
except that the child shall not be placed in any of the following:232

       (a) A state correctional institution, a county, multicounty,233
or municipal jail or workhouse, or another place in which an adult234
convicted of a crime, under arrest, or charged with a crime is235
held;236

       (b) A community corrections facility, if the child would be237
covered by the definition of public safety beds for purposes of238
sections 5139.41 to 5139.43 of the Revised Code if the court239
exercised its authority to commit the child to the legal custody240
of the department of youth services for institutionalization or241
institutionalization in a secure facility pursuant to this242
chapter.243

       (B) If a child is adjudicated a delinquent child, in addition 244
to any order of disposition made under division (A) of this 245
section, the court, in the following situations and for the246
specified periods of time, shall suspend the child's temporary247
instruction permit, restricted license, probationary driver's248
license, or nonresident operating privilege, or suspend the249
child's ability to obtain such a permit:250

       (1) If the child is adjudicated a delinquent child for251
violating section 2923.122 of the Revised Code, impose a class252
four suspension of the child's license, permit, or privilege from253
the range specified in division (A)(4) of section 4510.02 of the254
Revised Code or deny the child the issuance of a license or permit255
in accordance with division (F)(1) of section 2923.122 of the256
Revised Code.257

       (2) If the child is adjudicated a delinquent child for258
committing an act that if committed by an adult would be a drug259
abuse offense or for violating division (B) of section 2917.11 of260
the Revised Code, suspend the child's license, permit, or261
privilege for a period of time prescribed by the court. The court,262
in its discretion, may terminate the suspension if the child263
attends and satisfactorily completes a drug abuse or alcohol abuse264
education, intervention, or treatment program specified by the265
court. During the time the child is attending a program described 266
in this division, the court shall retain the child's temporary 267
instruction permit, probationary driver's license, or driver's268
license, and the court shall return the permit or license if it 269
terminates the suspension as described in this division.270

       (C) The court may establish a victim-offender mediation271
program in which victims and their offenders meet to discuss the272
offense and suggest possible restitution. If the court obtains the273
assent of the victim of the delinquent act committed by the child,274
the court may require the child to participate in the program.275

       (D)(1) If a child is adjudicated a delinquent child for276
committing an act that would be a felony if committed by an adult277
and if the child caused, attempted to cause, threatened to cause,278
or created a risk of physical harm to the victim of the act, the279
court, prior to issuing an order of disposition under this280
section, shall order the preparation of a victim impact statement281
by the probation department of the county in which the victim of282
the act resides, by the court's own probation department, or by a283
victim assistance program that is operated by the state, a county,284
a municipal corporation, or another governmental entity. The court285
shall consider the victim impact statement in determining the286
order of disposition to issue for the child.287

       (2) Each victim impact statement shall identify the victim of 288
the act for which the child was adjudicated a delinquent child,289
itemize any economic loss suffered by the victim as a result of290
the act, identify any physical injury suffered by the victim as a291
result of the act and the seriousness and permanence of the292
injury, identify any change in the victim's personal welfare or293
familial relationships as a result of the act and any294
psychological impact experienced by the victim or the victim's295
family as a result of the act, and contain any other information296
related to the impact of the act upon the victim that the court297
requires.298

       (3) A victim impact statement shall be kept confidential and299
is not a public record. However, the court may furnish copies of300
the statement to the department of youth services if the301
delinquent child is committed to the department or to both the302
adjudicated delinquent child or the adjudicated delinquent child's303
counsel and the prosecuting attorney. The copy of a victim impact304
statement furnished by the court to the department pursuant to305
this section shall be kept confidential and is not a public306
record. If an officer is preparing pursuant to section 2947.06 or307
2951.03 of the Revised Code or Criminal Rule 32.2 a presentence308
investigation report pertaining to a person, the court shall make309
available to the officer, for use in preparing the report, a copy310
of any victim impact statement regarding that person. The copies311
of a victim impact statement that are made available to the312
adjudicated delinquent child or the adjudicated delinquent child's313
counsel and the prosecuting attorney pursuant to this division314
shall be returned to the court by the person to whom they were315
made available immediately following the imposition of an order of316
disposition for the child under this chapter.317

       The copy of a victim impact statement that is made available318
pursuant to this division to an officer preparing a criminal319
presentence investigation report shall be returned to the court by320
the officer immediately following its use in preparing the report.321

       (4) The department of youth services shall work with local322
probation departments and victim assistance programs to develop a323
standard victim impact statement.324

       (E) If a child is adjudicated a delinquent child for being a325
chronic truant or a habitual truant who previously has been326
adjudicated an unruly child for being a habitual truant and the327
court determines that the parent, guardian, or other person having328
care of the child has failed to cause the child's attendance at329
school in violation of section 3321.38 of the Revised Code, in330
addition to any order of disposition it makes under this section,331
the court shall warn the parent, guardian, or other person having332
care of the child that any subsequent adjudication of the child as333
an unruly or delinquent child for being a habitual or chronic334
truant may result in a criminal charge against the parent,335
guardian, or other person having care of the child for a violation336
of division (C) of section 2919.21 or section 2919.24 of the337
Revised Code.338

       (F) If a child under eighteen years of age is adjudicated a 339
delinquent child for a violation of division (B) of section 340
959.131 of the Revised Code, the court, in addition to any other 341
disposition that it makes under this section, shall require the 342
child to undergo a psychological evaluation. The evaluation shall 343
determine if the child needs individual or family counseling and 344
shall make a recommendation as to the frequency and the length of 345
time that the counseling should occur. If individual or family 346
counseling is recommended by the evaluation, the court shall 347
consider that recommendation and may require the counseling to 348
take place and may establish the frequency and the length of time 349
of the counseling. The court may order the parent, guardian, or 350
other person having care of the child to pay the costs of the 351
evaluation, any counseling, or both.352

        (G)(1) During the period of a delinquent child's community353
control granted under this section, authorized probation officers354
who are engaged within the scope of their supervisory duties or355
responsibilities may search, with or without a warrant, the person356
of the delinquent child, the place of residence of the delinquent357
child, and a motor vehicle, another item of tangible or intangible358
personal property, or other real property in which the delinquent359
child has a right, title, or interest or for which the delinquent360
child has the express or implied permission of a person with a361
right, title, or interest to use, occupy, or possess if the362
probation officers have reasonable grounds to believe that the363
delinquent child is not abiding by the law or otherwise is not364
complying with the conditions of the delinquent child's community365
control. The court that places a delinquent child on community366
control under this section shall provide the delinquent child with367
a written notice that informs the delinquent child that authorized368
probation officers who are engaged within the scope of their369
supervisory duties or responsibilities may conduct those types of370
searches during the period of community control if they have371
reasonable grounds to believe that the delinquent child is not372
abiding by the law or otherwise is not complying with the373
conditions of the delinquent child's community control. The court374
also shall provide the written notice described in division375
(E)(G)(2) of this section to each parent, guardian, or custodian 376
of the delinquent child who is described in that division.377

       (2) The court that places a child on community control under378
this section shall provide the child's parent, guardian, or other379
custodian with a written notice that informs them that authorized380
probation officers may conduct searches pursuant to division381
(E)(G)(1) of this section. The notice shall specifically state 382
that a permissible search might extend to a motor vehicle, 383
another item of tangible or intangible personal property, or a 384
place of residence or other real property in which a notified 385
parent, guardian, or custodian has a right, title, or interest and 386
that the parent, guardian, or custodian expressly or impliedly 387
permits the child to use, occupy, or possess.388

       (G)(H) If a juvenile court commits a delinquent child to the389
custody of any person, organization, or entity pursuant to this390
section and if the delinquent act for which the child is so391
committed is a sexually oriented offense or is a child-victim 392
oriented offense, the court in the order of disposition shall do 393
one of the following:394

       (1) Require that the child be provided treatment as described 395
in division (A)(2) of section 5139.13 of the Revised Code;396

       (2) Inform the person, organization, or entity that it is the397
preferred course of action in this state that the child be398
provided treatment as described in division (A)(2) of section399
5139.13 of the Revised Code and encourage the person,400
organization, or entity to provide that treatment.401

       Sec. 2903.213.  (A) Except when the complaint involves a402
person who is a family or household member as defined in section403
2919.25 of the Revised Code, upon the filing of a complaint that404
alleges a violation of section 2903.11, 2903.12, 2903.13, 2903.21,405
2903.211, 2903.22, or 2911.211 of the Revised Code, a violation of 406
a municipal ordinance substantially similar to section 2903.13,407
2903.21, 2903.211, 2903.22, or 2911.211 of the Revised Code, or 408
the commission of a sexually oriented offense, the complainant, 409
the alleged victim, or a family or household member of an alleged 410
victim may file a motion that requests the issuance of a 411
protection order as a pretrial condition of release of the alleged 412
offender, in addition to any bail set under Criminal Rule 46. The 413
motion shall be filed with the clerk of the court that has 414
jurisdiction of the case at any time after the filing of the415
complaint. If the complaint involves a person who is a family or416
household member, the complainant, the alleged victim, or the417
family or household member may file a motion for a temporary418
protection order pursuant to section 2919.26 of the Revised Code.419

       (B) A motion for a protection order under this section shall420
be prepared on a form that is provided by the clerk of the court,421
and the form shall be substantially as follows:422

"Motion for Protection Order
423

............................
424

Name and address of court
425

State of Ohio426

v. No. .......... 427

.............................428

Name of Defendant429

(Name of person), moves the court to issue a protection order430
containing terms designed to ensure the safety and protection of431
the complainant or the alleged victim in the above-captioned case 432
and any companion animal that is in the complainant's or alleged 433
victim's residence, in relation to the named defendant, pursuant 434
to its authority to issue a protection order under section435
2903.213 of the Revised Code.436

       A complaint, a copy of which has been attached to this437
motion, has been filed in this court charging the named defendant438
with a violation of section 2903.11, 2903.12, 2903.13, 2903.21,439
2903.211, 2903.22, or 2911.211 of the Revised Code, a violation of 440
a municipal ordinance substantially similar to section 2903.13,441
2903.21, 2903.211, 2903.22, or 2911.211 of the Revised Code, or 442
the commission of a sexually oriented offense.443

       I understand that I must appear before the court, at a time444
set by the court not later than the next day that the court is in445
session after the filing of this motion, for a hearing on the446
motion, and that any protection order granted pursuant to this447
motion is a pretrial condition of release and is effective only448
until the disposition of the criminal proceeding arising out of449
the attached complaint or until the issuance under section450
2903.214 of the Revised Code of a protection order arising out of451
the same activities as those that were the basis of the attached452
complaint.453

.....................................454

Signature of person455

.....................................456

Address of person"457

       (C)(1) As soon as possible after the filing of a motion that458
requests the issuance of a protection order under this section,459
but not later than the next day that the court is in session after460
the filing of the motion, the court shall conduct a hearing to461
determine whether to issue the order. The person who requested the 462
order shall appear before the court and provide the court with the463
information that it requests concerning the basis of the motion.464
If the court finds that the safety and protection of the465
complainant or the alleged victim may be impaired by the 466
continued presence of the alleged offender, the court may issue a467
protection order under this section, as a pretrial condition of 468
release, that contains terms designed to ensure the safety and 469
protection of the complainant or the alleged victim, including a 470
requirement that the alleged offender refrain from entering the 471
residence, school, business, or place of employment of the 472
complainant or the alleged victim. The court may include within 473
the scope of a protection order issued under this section any 474
companion animal that is in the complainant's or alleged victim's 475
residence.476

       (2)(a) If the court issues a protection order under this477
section that includes a requirement that the alleged offender478
refrain from entering the residence, school, business, or place of479
employment of the complainant or the alleged victim, the order480
shall clearly state that the order cannot be waived or nullified481
by an invitation to the alleged offender from the complainant, the482
alleged victim, or a family or household member to enter the483
residence, school, business, or place of employment or by the484
alleged offender's entry into one of those places otherwise upon485
the consent of the complainant, the alleged victim, or a family or486
household member.487

       (b) Division (C)(2)(a) of this section does not limit any488
discretion of a court to determine that an alleged offender489
charged with a violation of section 2919.27 of the Revised Code,490
with a violation of a municipal ordinance substantially equivalent491
to that section, or with contempt of court, which charge is based492
on an alleged violation of a protection order issued under this493
section, did not commit the violation or was not in contempt of494
court.495

       (D)(1) Except when the complaint involves a person who is a496
family or household member as defined in section 2919.25 of the497
Revised Code, upon the filing of a complaint that alleges a498
violation specified in division (A) of this section, the court,499
upon its own motion, may issue a protection order under this500
section as a pretrial condition of release of the alleged offender501
if it finds that the safety and protection of the complainant or502
the alleged victim may be impaired by the continued presence of503
the alleged offender. The court may include within the scope of a 504
protection order issued under this section any companion animal 505
that is in the complainant's or alleged victim's residence.506

       (2) If the court issues a protection order under this section 507
as an ex parte order, it shall conduct, as soon as possible after 508
the issuance of the order but not later than the next day that the 509
court is in session after its issuance, a hearing to determine 510
whether the order should remain in effect, be modified, or be 511
revoked. The hearing shall be conducted under the standards set 512
forth in division (C) of this section.513

       (3) If a municipal court or a county court issues a514
protection order under this section and if, subsequent to the515
issuance of the order, the alleged offender who is the subject of516
the order is bound over to the court of common pleas for517
prosecution of a felony arising out of the same activities as518
those that were the basis of the complaint upon which the order is519
based, notwithstanding the fact that the order was issued by a520
municipal court or county court, the order shall remain in effect,521
as though it were an order of the court of common pleas, while the522
charges against the alleged offender are pending in the court of523
common pleas, for the period of time described in division (E)(2)524
of this section, and the court of common pleas has exclusive525
jurisdiction to modify the order issued by the municipal court or526
county court. This division applies when the alleged offender is527
bound over to the court of common pleas as a result of the person528
waiving a preliminary hearing on the felony charge, as a result of529
the municipal court or county court having determined at a530
preliminary hearing that there is probable cause to believe that531
the felony has been committed and that the alleged offender532
committed it, as a result of the alleged offender having been533
indicted for the felony, or in any other manner.534

       (E) A protection order that is issued as a pretrial condition 535
of release under this section:536

       (1) Is in addition to, but shall not be construed as a part537
of, any bail set under Criminal Rule 46;538

       (2) Is effective only until the disposition, by the court539
that issued the order or, in the circumstances described in540
division (D)(3) of this section, by the court of common pleas to541
which the alleged offender is bound over for prosecution, of the542
criminal proceeding arising out of the complaint upon which the543
order is based or until the issuance under section 2903.214 of the544
Revised Code of a protection order arising out of the same545
activities as those that were the basis of the complaint filed546
under this section;547

       (3) Shall not be construed as a finding that the alleged548
offender committed the alleged offense and shall not be introduced549
as evidence of the commission of the offense at the trial of the550
alleged offender on the complaint upon which the order is based.551

       (F) A person who meets the criteria for bail under Criminal552
Rule 46 and who, if required to do so pursuant to that rule,553
executes or posts bond or deposits cash or securities as bail,554
shall not be held in custody pending a hearing before the court on555
a motion requesting a protection order under this section.556

       (G)(1) A copy of a protection order that is issued under this 557
section shall be issued by the court to the complainant, to the 558
alleged victim, to the person who requested the order, to the559
defendant, and to all law enforcement agencies that have560
jurisdiction to enforce the order. The court shall direct that a561
copy of the order be delivered to the defendant on the same day562
that the order is entered. If a municipal court or a county court563
issues a protection order under this section and if, subsequent to564
the issuance of the order, the defendant who is the subject of the565
order is bound over to the court of common pleas for prosecution566
as described in division (D)(3) of this section, the municipal567
court or county court shall direct that a copy of the order be568
delivered to the court of common pleas to which the defendant is569
bound over.570

       (2) All law enforcement agencies shall establish and maintain 571
an index for the protection orders delivered to the agencies 572
pursuant to division (G)(1) of this section. With respect to each 573
order delivered, each agency shall note on the index the date and 574
time of the agency's receipt of the order.575

       (3) Regardless of whether the petitioner has registered the576
protection order in the county in which the officer's agency has577
jurisdiction, any officer of a law enforcement agency shall578
enforce a protection order issued pursuant to this section in579
accordance with the provisions of the order.580

       (H) Upon a violation of a protection order issued pursuant to 581
this section, the court may issue another protection order under582
this section, as a pretrial condition of release, that modifies 583
the terms of the order that was violated.584

       (I) Notwithstanding any provision of law to the contrary and585
regardless of whether a protection order is issued or a consent586
agreement is approved by a court of another county or by a court587
of another state, no court or unit of state or local government588
shall charge any fee, cost, deposit, or money in connection with 589
the filing of a motion pursuant to this section, in connection 590
with the filing, issuance, registration, or service of a 591
protection order or consent agreement, or for obtaining certified 592
copies of a protection order or consent agreement.593

       (J) As used in this section, "sexually:594

       (1) "Sexually oriented offense" has the same meaning as in 595
section 2950.01 of the Revised Code.596

       (2) "Companion animal" has the same meaning as in section 597
959.131 of the Revised Code.598

       Sec. 2903.214.  (A) As used in this section:599

       (1) "Court" means the court of common pleas of the county in600
which the person to be protected by the protection order resides.601

       (2) "Victim advocate" means a person who provides support and 602
assistance for a person who files a petition under this section.603

       (3) "Family or household member" has the same meaning as in604
section 3113.31 of the Revised Code.605

       (4) "Protection order issued by a court of another state" has 606
the same meaning as in section 2919.27 of the Revised Code.607

       (5) "Sexually oriented offense" has the same meaning as in 608
section 2950.01 of the Revised Code.609

       (6) "Companion animal" has the same meaning as in section 610
959.131 of the Revised Code.611

       (B) The court has jurisdiction over all proceedings under612
this section.613

       (C) A person may seek relief under this section for the614
person, or any parent or adult household member may seek relief615
under this section on behalf of any other family or household616
member, by filing a petition with the court. The petition shall617
contain or state both of the following:618

       (1) An allegation that the respondent engaged in a violation619
of section 2903.211 of the Revised Code against the person to be620
protected by the protection order or committed a sexually oriented 621
offense against the person to be protected by the protection 622
order, including a description of the nature and extent of the 623
violation;624

       (2) A request for relief under this section.625

       (D)(1) If a person who files a petition pursuant to this626
section requests an ex parte order, the court shall hold an ex627
parte hearing as soon as possible after the petition is filed, but628
not later than the next day that the court is in session after the629
petition is filed. The court, for good cause shown at the ex630
parte hearing, may enter any temporary orders, with or without631
bond, that the court finds necessary for the safety and protection632
of the person to be protected by the order. Immediate and present633
danger to the person to be protected by the protection order634
constitutes good cause for purposes of this section. Immediate and635
present danger includes, but is not limited to, situations in636
which the respondent has threatened the person to be protected by637
the protection order with bodily harm or in which the respondent638
previously has been convicted of or pleaded guilty to a violation639
of section 2903.211 of the Revised Code or a sexually oriented 640
offense against the person to be protected by the protection 641
order.642

       (2)(a) If the court, after an ex parte hearing, issues a643
protection order described in division (E) of this section, the644
court shall schedule a full hearing for a date that is within ten645
court days after the ex parte hearing. The court shall give the646
respondent notice of, and an opportunity to be heard at, the full647
hearing. The court shall hold the full hearing on the date648
scheduled under this division unless the court grants a649
continuance of the hearing in accordance with this division. Under 650
any of the following circumstances or for any of the following 651
reasons, the court may grant a continuance of the full hearing to 652
a reasonable time determined by the court:653

       (i) Prior to the date scheduled for the full hearing under654
this division, the respondent has not been served with the655
petition filed pursuant to this section and notice of the full656
hearing.657

       (ii) The parties consent to the continuance.658

       (iii) The continuance is needed to allow a party to obtain659
counsel.660

       (iv) The continuance is needed for other good cause.661

       (b) An ex parte order issued under this section does not662
expire because of a failure to serve notice of the full hearing663
upon the respondent before the date set for the full hearing under664
division (D)(2)(a) of this section or because the court grants a665
continuance under that division.666

       (3) If a person who files a petition pursuant to this section667
does not request an ex parte order, or if a person requests an ex668
parte order but the court does not issue an ex parte order after669
an ex parte hearing, the court shall proceed as in a normal civil670
action and grant a full hearing on the matter.671

       (E)(1) After an ex parte or full hearing, the court may issue 672
any protection order, with or without bond, that contains terms 673
designed to ensure the safety and protection of the person to be 674
protected by the protection order, including, but not limited to, 675
a requirement that the respondent refrain from entering the676
residence, school, business, or place of employment of the677
petitioner or family or household member. If the court includes a 678
requirement that the respondent refrain from entering the 679
residence, school, business, or place of employment of the680
petitioner or family or household member in the order, it also681
shall include in the order provisions of the type described in682
division (E)(5) of this section. The court may include within the 683
scope of a protection order issued under this section any 684
companion animal that is in the residence of the person to be 685
protected.686

       (2)(a) Any protection order issued pursuant to this section687
shall be valid until a date certain but not later than five years688
from the date of its issuance.689

       (b) Any protection order issued pursuant to this section may690
be renewed in the same manner as the original order was issued.691

       (3) A court may not issue a protection order that requires a692
petitioner to do or to refrain from doing an act that the court693
may require a respondent to do or to refrain from doing under694
division (E)(1) of this section unless all of the following apply:695

       (a) The respondent files a separate petition for a protection696
order in accordance with this section.697

       (b) The petitioner is served with notice of the respondent's698
petition at least forty-eight hours before the court holds a699
hearing with respect to the respondent's petition, or the700
petitioner waives the right to receive this notice.701

       (c) If the petitioner has requested an ex parte order702
pursuant to division (D) of this section, the court does not delay703
any hearing required by that division beyond the time specified in704
that division in order to consolidate the hearing with a hearing705
on the petition filed by the respondent.706

       (d) After a full hearing at which the respondent presents707
evidence in support of the request for a protection order and the708
petitioner is afforded an opportunity to defend against that709
evidence, the court determines that the petitioner has committed a710
violation of section 2903.211 of the Revised Code against the711
person to be protected by the protection order issued pursuant to712
this section, has committed a sexually oriented offense against 713
the person to be protected by the protection order, or has 714
violated a protection order issued pursuant to section 2903.213 of 715
the Revised Code relative to the person to be protected by the 716
protection order issued pursuant to this section.717

       (4) No protection order issued pursuant to this section shall 718
in any manner affect title to any real property.719

       (5)(a) If the court issues a protection order under this720
section that includes a requirement that the alleged offender721
refrain from entering the residence, school, business, or place of722
employment of the petitioner or a family or household member, the723
order shall clearly state that the order cannot be waived or724
nullified by an invitation to the alleged offender from the725
complainant to enter the residence, school, business, or place of726
employment or by the alleged offender's entry into one of those727
places otherwise upon the consent of the petitioner or family or728
household member.729

       (b) Division (E)(5)(a) of this section does not limit any730
discretion of a court to determine that an alleged offender731
charged with a violation of section 2919.27 of the Revised Code,732
with a violation of a municipal ordinance substantially equivalent733
to that section, or with contempt of court, which charge is based734
on an alleged violation of a protection order issued under this735
section, did not commit the violation or was not in contempt of736
court.737

       (F)(1) The court shall cause the delivery of a copy of any738
protection order that is issued under this section to the739
petitioner, to the respondent, and to all law enforcement agencies740
that have jurisdiction to enforce the order. The court shall741
direct that a copy of the order be delivered to the respondent on742
the same day that the order is entered.743

       (2) All law enforcement agencies shall establish and maintain 744
an index for the protection orders delivered to the agencies 745
pursuant to division (F)(1) of this section. With respect to each 746
order delivered, each agency shall note on the index the date and 747
time that it received the order.748

       (3) Regardless of whether the petitioner has registered the749
protection order in the county in which the officer's agency has750
jurisdiction pursuant to division (M) of this section, any officer751
of a law enforcement agency shall enforce a protection order752
issued pursuant to this section by any court in this state in753
accordance with the provisions of the order, including removing754
the respondent from the premises, if appropriate.755

       (G) Any proceeding under this section shall be conducted in756
accordance with the Rules of Civil Procedure, except that a757
protection order may be obtained under this section with or758
without bond. An order issued under this section, other than an759
ex parte order, that grants a protection order, or that refuses to760
grant a protection order, is a final, appealable order. The761
remedies and procedures provided in this section are in addition762
to, and not in lieu of, any other available civil or criminal763
remedies.764

       (H) The filing of proceedings under this section does not765
excuse a person from filing any report or giving any notice766
required by section 2151.421 of the Revised Code or by any other767
law.768

       (I) Any law enforcement agency that investigates an alleged769
violation of section 2903.211 of the Revised Code or an alleged 770
commission of a sexually oriented offense shall provide771
information to the victim and the family or household members of772
the victim regarding the relief available under this section and773
section 2903.213 of the Revised Code.774

       (J) Notwithstanding any provision of law to the contrary and775
regardless of whether a protection order is issued or a consent776
agreement is approved by a court of another county or by a court777
of another state, no court or unit of state or local government778
shall charge any fee, cost, deposit, or money in connection with 779
the filing of a petition pursuant to this section, in connection 780
with the filing, issuance, registration, or service of a 781
protection order or consent agreement, or for obtaining a782
certified copy of a protection order or consent agreement.783

       (K)(1) A person who violates a protection order issued under784
this section is subject to the following sanctions:785

       (a) Criminal prosecution for a violation of section 2919.27786
of the Revised Code, if the violation of the protection order787
constitutes a violation of that section;788

       (b) Punishment for contempt of court.789

       (2) The punishment of a person for contempt of court for790
violation of a protection order issued under this section does not791
bar criminal prosecution of the person for a violation of section792
2919.27 of the Revised Code. However, a person punished for793
contempt of court is entitled to credit for the punishment imposed794
upon conviction of a violation of that section, and a person795
convicted of a violation of that section shall not subsequently be796
punished for contempt of court arising out of the same activity.797

       (L) In all stages of a proceeding under this section, a798
petitioner may be accompanied by a victim advocate.799

       (M)(1) A petitioner who obtains a protection order under this 800
section or a protection order under section 2903.213 of the801
Revised Code may provide notice of the issuance or approval of the802
order to the judicial and law enforcement officials in any county803
other than the county in which the order is issued by registering804
that order in the other county pursuant to division (M)(2) of this805
section and filing a copy of the registered order with a law806
enforcement agency in the other county in accordance with that807
division. A person who obtains a protection order issued by a808
court of another state may provide notice of the issuance of the809
order to the judicial and law enforcement officials in any county810
of this state by registering the order in that county pursuant to811
section 2919.272 of the Revised Code and filing a copy of the812
registered order with a law enforcement agency in that county.813

       (2) A petitioner may register a protection order issued814
pursuant to this section or section 2903.213 of the Revised Code815
in a county other than the county in which the court that issued816
the order is located in the following manner:817

       (a) The petitioner shall obtain a certified copy of the order818
from the clerk of the court that issued the order and present that 819
certified copy to the clerk of the court of common pleas or the 820
clerk of a municipal court or county court in the county in which 821
the order is to be registered.822

       (b) Upon accepting the certified copy of the order for823
registration, the clerk of the court of common pleas, municipal824
court, or county court shall place an endorsement of registration825
on the order and give the petitioner a copy of the order that826
bears that proof of registration.827

       (3) The clerk of each court of common pleas, municipal court, 828
or county court shall maintain a registry of certified copies of829
protection orders that have been issued by courts in other 830
counties pursuant to this section or section 2903.213 of the831
Revised Code and that have been registered with the clerk.832

       Sec. 2919.26.  (A)(1) Upon the filing of a complaint that833
alleges a violation of section 2909.06, 2909.07, 2911.12, or834
2911.211 of the Revised Code if the alleged victim of the 835
violation was a family or household member at the time of the 836
violation, a violation of a municipal ordinance that is 837
substantially similar to any of those sections if the alleged 838
victim of the violation was a family or household member at the 839
time of the violation, any offense of violence if the alleged 840
victim of the offense was a family or household member at the time 841
of the commission of the offense, or any sexually oriented offense 842
if the alleged victim of the offense was a family or household 843
member at the time of the commission of the offense, the844
complainant, the alleged victim, or a family or household member 845
of an alleged victim may file, or, if in an emergency the alleged 846
victim is unable to file, a person who made an arrest for the 847
alleged violation or offense under section 2935.03 of the Revised 848
Code may file on behalf of the alleged victim, a motion that 849
requests the issuance of a temporary protection order as a 850
pretrial condition of release of the alleged offender, in addition 851
to any bail set under Criminal Rule 46. The motion shall be filed 852
with the clerk of the court that has jurisdiction of the case at 853
any time after the filing of the complaint.854

       (2) For purposes of section 2930.09 of the Revised Code, all855
stages of a proceeding arising out of a complaint alleging the 856
commission of a violation, offense of violence, or sexually 857
oriented offense described in division (A)(1) of this section, 858
including all proceedings on a motion for a temporary protection859
order, are critical stages of the case, and a victim may be 860
accompanied by a victim advocate or another person to provide 861
support to the victim as provided in that section.862

       (B) The motion shall be prepared on a form that is provided863
by the clerk of the court, which form shall be substantially as864
follows:865

"MOTION FOR TEMPORARY PROTECTION ORDER
866

.......................... Court
867

Name and address of court
868

State of Ohio869

v. No. .......... 870

.................871

Name of Defendant872

(name of person), moves the court to issue a temporary protection873
order containing terms designed to ensure the safety and874
protection of the complainant, alleged victim, and other family or875
household members, and any companion animal that is in the 876
complainant's or alleged victim's residence, in relation to the 877
named defendant, pursuant to its authority to issue such an order 878
under section 2919.26 of the Revised Code.879

       A complaint, a copy of which has been attached to this880
motion, has been filed in this court charging the named defendant881
with .......................... (name of the specified violation, 882
the offense of violence, or sexually oriented offense charged) in 883
circumstances in which the victim was a family or household member 884
in violation of (section of the Revised Code designating the 885
specified violation, offense of violence, or sexually oriented 886
offense charged), or charging the named defendant with a violation 887
of a municipal ordinance that is substantially similar to 888
........................ (section of the Revised Code designating 889
the specified violation, offense of violence, or sexually oriented 890
offense charged) involving a family or household member.891

       I understand that I must appear before the court, at a time892
set by the court within twenty-four hours after the filing of this893
motion, for a hearing on the motion or that, if I am unable to894
appear because of hospitalization or a medical condition resulting895
from the offense alleged in the complaint, a person who can896
provide information about my need for a temporary protection order897
must appear before the court in lieu of my appearing in court. I898
understand that any temporary protection order granted pursuant to899
this motion is a pretrial condition of release and is effective900
only until the disposition of the criminal proceeding arising out901
of the attached complaint, or the issuance of a civil protection902
order or the approval of a consent agreement, arising out of the903
same activities as those that were the basis of the complaint,904
under section 3113.31 of the Revised Code.905

..........................................906

Signature of person907

(or signature of the arresting officer who filed the motion on908
behalf of the alleged victim)909

..........................................910

Address of person (or office address of the arresting officer who911
filed the motion on behalf of the alleged victim)"912

       (C)(1) As soon as possible after the filing of a motion that913
requests the issuance of a temporary protection order, but not914
later than twenty-four hours after the filing of the motion, the915
court shall conduct a hearing to determine whether to issue the916
order. The person who requested the order shall appear before the917
court and provide the court with the information that it requests918
concerning the basis of the motion. If the person who requested919
the order is unable to appear and if the court finds that the920
failure to appear is because of the person's hospitalization or921
medical condition resulting from the offense alleged in the922
complaint, another person who is able to provide the court with923
the information it requests may appear in lieu of the person who924
requested the order. If the court finds that the safety and925
protection of the complainant, alleged victim, or any other family926
or household member of the alleged victim may be impaired by the927
continued presence of the alleged offender, the court may issue a928
temporary protection order, as a pretrial condition of release,929
that contains terms designed to ensure the safety and protection930
of the complainant, alleged victim, or the family or household931
member, including a requirement that the alleged offender refrain932
from entering the residence, school, business, or place of933
employment of the complainant, alleged victim, or the family or934
household member. The court may include within the scope of a 935
protection order issued under this section any companion animal 936
that is in the complainant's or alleged victim's residence.937

       (2)(a) If the court issues a temporary protection order that938
includes a requirement that the alleged offender refrain from939
entering the residence, school, business, or place of employment940
of the complainant, the alleged victim, or the family or household941
member, the order shall state clearly that the order cannot be942
waived or nullified by an invitation to the alleged offender from943
the complainant, alleged victim, or family or household member to944
enter the residence, school, business, or place of employment or945
by the alleged offender's entry into one of those places otherwise946
upon the consent of the complainant, alleged victim, or family or947
household member.948

       (b) Division (C)(2)(a) of this section does not limit any949
discretion of a court to determine that an alleged offender950
charged with a violation of section 2919.27 of the Revised Code,951
with a violation of a municipal ordinance substantially equivalent952
to that section, or with contempt of court, which charge is based953
on an alleged violation of a temporary protection order issued954
under this section, did not commit the violation or was not in955
contempt of court.956

       (D)(1) Upon the filing of a complaint that alleges a 957
violation of section 2909.06, 2909.07, 2911.12, or 2911.211 of the 958
Revised Code if the alleged victim of the violation was a family 959
or household member at the time of the violation, a violation of a 960
municipal ordinance that is substantially similar to any of those 961
sections if the alleged victim of the violation was a family or 962
household member at the time of the violation, any offense of 963
violence if the alleged victim of the offense was a family or 964
household member at the time of the commission of the offense, or 965
any sexually oriented offense if the alleged victim of the offense 966
was a family or household member at the time of the commission of 967
the offense, the court, upon its own motion, may issue a temporary 968
protection order as a pretrial condition of release if it finds 969
that the safety and protection of the complainant, alleged victim, 970
or other family or household member of the alleged offender may be 971
impaired by the continued presence of the alleged offender. The 972
court may include within the scope of a protection order issued 973
under this section any companion animal that is in the 974
complainant's or alleged victim's residence.975

       (2) If the court issues a temporary protection order under976
this section as an ex parte order, it shall conduct, as soon as977
possible after the issuance of the order, a hearing in the978
presence of the alleged offender not later than the next day on979
which the court is scheduled to conduct business after the day on980
which the alleged offender was arrested or at the time of the981
appearance of the alleged offender pursuant to summons to982
determine whether the order should remain in effect, be modified,983
or be revoked. The hearing shall be conducted under the standards984
set forth in division (C) of this section.985

       (3) An order issued under this section shall contain only986
those terms authorized in orders issued under division (C) of this987
section.988

       (4) If a municipal court or a county court issues a temporary 989
protection order under this section and if, subsequent to the 990
issuance of the order, the alleged offender who is the subject of 991
the order is bound over to the court of common pleas for 992
prosecution of a felony arising out of the same activities as993
those that were the basis of the complaint upon which the order is994
based, notwithstanding the fact that the order was issued by a995
municipal court or county court, the order shall remain in effect,996
as though it were an order of the court of common pleas, while the997
charges against the alleged offender are pending in the court of998
common pleas, for the period of time described in division (E)(2)999
of this section, and the court of common pleas has exclusive1000
jurisdiction to modify the order issued by the municipal court or1001
county court. This division applies when the alleged offender is1002
bound over to the court of common pleas as a result of the person1003
waiving a preliminary hearing on the felony charge, as a result of1004
the municipal court or county court having determined at a1005
preliminary hearing that there is probable cause to believe that1006
the felony has been committed and that the alleged offender1007
committed it, as a result of the alleged offender having been1008
indicted for the felony, or in any other manner.1009

       (E) A temporary protection order that is issued as a pretrial 1010
condition of release under this section:1011

       (1) Is in addition to, but shall not be construed as a part1012
of, any bail set under Criminal Rule 46;1013

       (2) Is effective only until the occurrence of either of the1014
following:1015

       (a) The disposition, by the court that issued the order or,1016
in the circumstances described in division (D)(4) of this section,1017
by the court of common pleas to which the alleged offender is1018
bound over for prosecution, of the criminal proceeding arising out1019
of the complaint upon which the order is based;1020

       (b) The issuance of a protection order or the approval of a1021
consent agreement, arising out of the same activities as those1022
that were the basis of the complaint upon which the order is1023
based, under section 3113.31 of the Revised Code;1024

       (3) Shall not be construed as a finding that the alleged1025
offender committed the alleged offense, and shall not be1026
introduced as evidence of the commission of the offense at the1027
trial of the alleged offender on the complaint upon which the1028
order is based.1029

       (F) A person who meets the criteria for bail under Criminal1030
Rule 46 and who, if required to do so pursuant to that rule,1031
executes or posts bond or deposits cash or securities as bail,1032
shall not be held in custody pending a hearing before the court on1033
a motion requesting a temporary protection order.1034

       (G)(1) A copy of any temporary protection order that is1035
issued under this section shall be issued by the court to the1036
complainant, to the alleged victim, to the person who requested1037
the order, to the defendant, and to all law enforcement agencies1038
that have jurisdiction to enforce the order. The court shall1039
direct that a copy of the order be delivered to the defendant on1040
the same day that the order is entered. If a municipal court or a1041
county court issues a temporary protection order under this1042
section and if, subsequent to the issuance of the order, the1043
defendant who is the subject of the order is bound over to the1044
court of common pleas for prosecution as described in division1045
(D)(4) of this section, the municipal court or county court shall1046
direct that a copy of the order be delivered to the court of1047
common pleas to which the defendant is bound over.1048

       (2) All law enforcement agencies shall establish and maintain 1049
an index for the temporary protection orders delivered to the 1050
agencies pursuant to division (G)(1) of this section. With1051
respect to each order delivered, each agency shall note on the1052
index, the date and time of the receipt of the order by the1053
agency.1054

       (3) A complainant, alleged victim, or other person who1055
obtains a temporary protection order under this section may1056
provide notice of the issuance of the temporary protection order1057
to the judicial and law enforcement officials in any county other1058
than the county in which the order is issued by registering that1059
order in the other county in accordance with division (N) of1060
section 3113.31 of the Revised Code and filing a copy of the1061
registered protection order with a law enforcement agency in the1062
other county in accordance with that division.1063

       (4) Any officer of a law enforcement agency shall enforce a1064
temporary protection order issued by any court in this state in1065
accordance with the provisions of the order, including removing1066
the defendant from the premises, regardless of whether the order1067
is registered in the county in which the officer's agency has1068
jurisdiction as authorized by division (G)(3) of this section.1069

       (H) Upon a violation of a temporary protection order, the1070
court may issue another temporary protection order, as a pretrial1071
condition of release, that modifies the terms of the order that1072
was violated.1073

       (I)(1) As used in divisions (I)(1) and (2) of this section,1074
"defendant" means a person who is alleged in a complaint to have1075
committed a violation, offense of violence, or sexually oriented 1076
offense of the type described in division (A) of this section.1077

       (2) If a complaint is filed that alleges that a person1078
committed a violation, offense of violence, or sexually oriented 1079
offense of the type described in division (A) of this section, the 1080
court may not issue a temporary protection order under this 1081
section that requires the complainant, the alleged victim, or 1082
another family or household member of the defendant to do or1083
refrain from doing an act that the court may require the defendant 1084
to do or refrain from doing under a temporary protection order 1085
unless both of the following apply:1086

       (a) The defendant has filed a separate complaint that alleges 1087
that the complainant, alleged victim, or other family or household 1088
member in question who would be required under the order to do or 1089
refrain from doing the act committed a violation or offense of 1090
violence of the type described in division (A) of this section.1091

       (b) The court determines that both the complainant, alleged1092
victim, or other family or household member in question who would1093
be required under the order to do or refrain from doing the act1094
and the defendant acted primarily as aggressors, that neither the1095
complainant, alleged victim, or other family or household member1096
in question who would be required under the order to do or refrain1097
from doing the act nor the defendant acted primarily in1098
self-defense, and, in accordance with the standards and criteria1099
of this section as applied in relation to the separate complaint1100
filed by the defendant, that it should issue the order to require1101
the complainant, alleged victim, or other family or household1102
member in question to do or refrain from doing the act.1103

       (J) Notwithstanding any provision of law to the contrary and1104
regardless of whether a protection order is issued or a consent1105
agreement is approved by a court of another county or a court of1106
another state, no court or unit of state or local government shall1107
charge any fee, cost, deposit, or money in connection with the 1108
filing of a motion pursuant to this section, in connection with 1109
the filing, issuance, registration, or service of a protection 1110
order or consent agreement, or for obtaining a certified copy of a 1111
protection order or consent agreement.1112

       (K) As used in this section:1113

       (1) "Companion animal" has the same meaning as in section 1114
959.131 of the Revised Code.1115

        (2) "Sexually oriented offense" has the same meaning as in 1116
section 2950.01 of the Revised Code.1117

       (2)(3) "Victim advocate" means a person who provides support 1118
and assistance for a victim of an offense during court 1119
proceedings.1120

       Sec. 3113.31.  (A) As used in this section:1121

       (1) "Domestic violence" means the occurrence of one or more1122
of the following acts against a family or household member:1123

       (a) Attempting to cause or recklessly causing bodily injury;1124

       (b) Placing another person by the threat of force in fear of1125
imminent serious physical harm or committing a violation of1126
section 2903.211 or 2911.211 of the Revised Code;1127

       (c) Committing any act with respect to a child that would1128
result in the child being an abused child, as defined in section1129
2151.031 of the Revised Code;1130

       (d) Committing a sexually oriented offense.1131

       (2) "Court" means the domestic relations division of the1132
court of common pleas in counties that have a domestic relations1133
division, and the court of common pleas in counties that do not1134
have a domestic relations division.1135

       (3) "Family or household member" means any of the following:1136

       (a) Any of the following who is residing with or has resided1137
with the respondent:1138

       (i) A spouse, a person living as a spouse, or a former spouse 1139
of the respondent;1140

       (ii) A parent or a child of the respondent, or another person 1141
related by consanguinity or affinity to the respondent;1142

       (iii) A parent or a child of a spouse, person living as a1143
spouse, or former spouse of the respondent, or another person1144
related by consanguinity or affinity to a spouse, person living as1145
a spouse, or former spouse of the respondent.1146

       (b) The natural parent of any child of whom the respondent is 1147
the other natural parent or is the putative other natural parent.1148

       (4) "Person living as a spouse" means a person who is living1149
or has lived with the respondent in a common law marital1150
relationship, who otherwise is cohabiting with the respondent, or1151
who otherwise has cohabited with the respondent within five years1152
prior to the date of the alleged occurrence of the act in1153
question.1154

       (5) "Victim advocate" means a person who provides support and 1155
assistance for a person who files a petition under this section.1156

       (6) "Sexually oriented offense" has the same meaning as in 1157
section 2950.01 of the Revised Code.1158

       (7) "Companion animal" has the same meaning as in section 1159
959.131 of the Revised Code.1160

       (B) The court has jurisdiction over all proceedings under1161
this section. The petitioner's right to relief under this section1162
is not affected by the petitioner's leaving the residence or1163
household to avoid further domestic violence.1164

       (C) A person may seek relief under this section on the1165
person's own behalf, or any parent or adult household member may1166
seek relief under this section on behalf of any other family or1167
household member, by filing a petition with the court. The1168
petition shall contain or state:1169

       (1) An allegation that the respondent engaged in domestic1170
violence against a family or household member of the respondent,1171
including a description of the nature and extent of the domestic1172
violence;1173

       (2) The relationship of the respondent to the petitioner, and 1174
to the victim if other than the petitioner;1175

       (3) A request for relief under this section.1176

       (D)(1) If a person who files a petition pursuant to this1177
section requests an ex parte order, the court shall hold an ex1178
parte hearing on the same day that the petition is filed. The1179
court, for good cause shown at the ex parte hearing, may enter any1180
temporary orders, with or without bond, including, but not limited1181
to, an order described in division (E)(1)(a), (b), or (c) of this1182
section, that the court finds necessary to protect the family or1183
household member from domestic violence. Immediate and present1184
danger of domestic violence to the family or household member 1185
constitutes good cause for purposes of this section. Immediate and1186
present danger includes, but is not limited to, situations in1187
which the respondent has threatened the family or household member1188
with bodily harm, in which the respondent has threatened the 1189
family or household member with a sexually oriented offense, or in 1190
which the respondent previously has been convicted of or pleaded 1191
guilty to an offense that constitutes domestic violence against 1192
the family or household member.1193

       (2)(a) If the court, after an ex parte hearing, issues an1194
order described in division (E)(1)(b) or (c) of this section, the1195
court shall schedule a full hearing for a date that is within1196
seven court days after the ex parte hearing. If any other type of1197
protection order that is authorized under division (E) of this1198
section is issued by the court after an ex parte hearing, the1199
court shall schedule a full hearing for a date that is within ten1200
court days after the ex parte hearing. The court shall give the1201
respondent notice of, and an opportunity to be heard at, the full1202
hearing. The court shall hold the full hearing on the date1203
scheduled under this division unless the court grants a1204
continuance of the hearing in accordance with this division. Under1205
any of the following circumstances or for any of the following1206
reasons, the court may grant a continuance of the full hearing to1207
a reasonable time determined by the court:1208

       (i) Prior to the date scheduled for the full hearing under1209
this division, the respondent has not been served with the1210
petition filed pursuant to this section and notice of the full1211
hearing.1212

       (ii) The parties consent to the continuance.1213

       (iii) The continuance is needed to allow a party to obtain1214
counsel.1215

       (iv) The continuance is needed for other good cause.1216

       (b) An ex parte order issued under this section does not1217
expire because of a failure to serve notice of the full hearing1218
upon the respondent before the date set for the full hearing under1219
division (D)(2)(a) of this section or because the court grants a1220
continuance under that division.1221

       (3) If a person who files a petition pursuant to this section1222
does not request an ex parte order, or if a person requests an ex1223
parte order but the court does not issue an ex parte order after1224
an ex parte hearing, the court shall proceed as in a normal civil1225
action and grant a full hearing on the matter.1226

       (E)(1) After an ex parte or full hearing, the court may grant 1227
any protection order, with or without bond, or approve any consent 1228
agreement to bring about a cessation of domestic violence against 1229
the family or household members. The order or agreement may:1230

       (a) Direct the respondent to refrain from abusing or from 1231
committing sexually oriented offenses against the family or 1232
household members;1233

       (b) Grant possession of the residence or household to the1234
petitioner or other family or household member, to the exclusion1235
of the respondent, by evicting the respondent, when the residence1236
or household is owned or leased solely by the petitioner or other1237
family or household member, or by ordering the respondent to1238
vacate the premises, when the residence or household is jointly1239
owned or leased by the respondent, and the petitioner or other1240
family or household member;1241

       (c) When the respondent has a duty to support the petitioner1242
or other family or household member living in the residence or1243
household and the respondent is the sole owner or lessee of the1244
residence or household, grant possession of the residence or1245
household to the petitioner or other family or household member,1246
to the exclusion of the respondent, by ordering the respondent to1247
vacate the premises, or, in the case of a consent agreement, allow1248
the respondent to provide suitable, alternative housing;1249

       (d) Temporarily allocate parental rights and responsibilities 1250
for the care of, or establish temporary parenting time rights with 1251
regard to, minor children, if no other court has determined, or is 1252
determining, the allocation of parental rights and1253
responsibilities for the minor children or parenting time rights;1254

       (e) Require the respondent to maintain support, if the1255
respondent customarily provides for or contributes to the support1256
of the family or household member, or if the respondent has a duty1257
to support the petitioner or family or household member;1258

       (f) Require the respondent, petitioner, victim of domestic1259
violence, or any combination of those persons, to seek counseling;1260

       (g) Require the respondent to refrain from entering the1261
residence, school, business, or place of employment of the1262
petitioner or family or household member;1263

       (h) Grant other relief that the court considers equitable and 1264
fair, including, but not limited to, ordering the respondent to 1265
permit the use of a motor vehicle by the petitioner or other1266
family or household member and the apportionment of household and1267
family personal property.1268

       The court shall include in a protection order issued or 1269
consent agreement approved under this section any companion animal 1270
that is in the petitioner's residence.1271

       (2) If a protection order has been issued pursuant to this1272
section in a prior action involving the respondent and the1273
petitioner or one or more of the family or household members or 1274
victims, the court may include in a protection order that it 1275
issues a prohibition against the respondent returning to the 1276
residence or household. If it includes a prohibition against the1277
respondent returning to the residence or household in the order, 1278
it also shall include in the order provisions of the type 1279
described in division (E)(7) of this section. This division does 1280
not preclude the court from including in a protection order or 1281
consent agreement, in circumstances other than those described in 1282
this division, a requirement that the respondent be evicted from 1283
or vacate the residence or household or refrain from entering the1284
residence, school, business, or place of employment of the1285
petitioner or a family or household member, and, if the court1286
includes any requirement of that type in an order or agreement,1287
the court also shall include in the order provisions of the type1288
described in division (E)(7) of this section.1289

       (3)(a) Any protection order issued or consent agreement1290
approved under this section shall be valid until a date certain,1291
but not later than five years from the date of its issuance or1292
approval unless modified or terminated as provided in division 1293
(E)(8) of this section.1294

       (b) Subject to the limitation on the duration of an order or1295
agreement set forth in division (E)(3)(a) of this section, any1296
order under division (E)(1)(d) of this section shall terminate on1297
the date that a court in an action for divorce, dissolution of1298
marriage, or legal separation brought by the petitioner or1299
respondent issues an order allocating parental rights and1300
responsibilities for the care of children or on the date that a1301
juvenile court in an action brought by the petitioner or1302
respondent issues an order awarding legal custody of minor1303
children. Subject to the limitation on the duration of an order or1304
agreement set forth in division (E)(3)(a) of this section, any1305
order under division (E)(1)(e) of this section shall terminate on1306
the date that a court in an action for divorce, dissolution of1307
marriage, or legal separation brought by the petitioner or1308
respondent issues a support order or on the date that a juvenile1309
court in an action brought by the petitioner or respondent issues1310
a support order.1311

       (c) Any protection order issued or consent agreement approved 1312
pursuant to this section may be renewed in the same manner as the 1313
original order or agreement was issued or approved.1314

       (4) A court may not issue a protection order that requires a1315
petitioner to do or to refrain from doing an act that the court1316
may require a respondent to do or to refrain from doing under1317
division (E)(1)(a), (b), (c), (d), (e), (g), or (h) of this1318
section unless all of the following apply:1319

       (a) The respondent files a separate petition for a protection 1320
order in accordance with this section.1321

       (b) The petitioner is served notice of the respondent's1322
petition at least forty-eight hours before the court holds a1323
hearing with respect to the respondent's petition, or the1324
petitioner waives the right to receive this notice.1325

       (c) If the petitioner has requested an ex parte order1326
pursuant to division (D) of this section, the court does not delay1327
any hearing required by that division beyond the time specified in1328
that division in order to consolidate the hearing with a hearing1329
on the petition filed by the respondent.1330

       (d) After a full hearing at which the respondent presents1331
evidence in support of the request for a protection order and the1332
petitioner is afforded an opportunity to defend against that1333
evidence, the court determines that the petitioner has committed1334
an act of domestic violence or has violated a temporary protection1335
order issued pursuant to section 2919.26 of the Revised Code, that1336
both the petitioner and the respondent acted primarily as1337
aggressors, and that neither the petitioner nor the respondent1338
acted primarily in self-defense.1339

       (5) No protection order issued or consent agreement approved1340
under this section shall in any manner affect title to any real1341
property.1342

       (6)(a) If a petitioner, or the child of a petitioner, who1343
obtains a protection order or consent agreement pursuant to1344
division (E)(1) of this section or a temporary protection order1345
pursuant to section 2919.26 of the Revised Code and is the subject1346
of a parenting time order issued pursuant to section 3109.051 or1347
3109.12 of the Revised Code or a visitation or companionship order1348
issued pursuant to section 3109.051, 3109.11, or 3109.12 of the1349
Revised Code or division (E)(1)(d) of this section granting1350
parenting time rights to the respondent, the court may require the1351
public children services agency of the county in which the court1352
is located to provide supervision of the respondent's exercise of1353
parenting time or visitation or companionship rights with respect1354
to the child for a period not to exceed nine months, if the court1355
makes the following findings of fact:1356

       (i) The child is in danger from the respondent;1357

       (ii) No other person or agency is available to provide the1358
supervision.1359

       (b) A court that requires an agency to provide supervision1360
pursuant to division (E)(6)(a) of this section shall order the1361
respondent to reimburse the agency for the cost of providing the1362
supervision, if it determines that the respondent has sufficient1363
income or resources to pay that cost.1364

       (7)(a) If a protection order issued or consent agreement1365
approved under this section includes a requirement that the1366
respondent be evicted from or vacate the residence or household or1367
refrain from entering the residence, school, business, or place of1368
employment of the petitioner or a family or household member, the1369
order or agreement shall state clearly that the order or agreement1370
cannot be waived or nullified by an invitation to the respondent1371
from the petitioner or other family or household member to enter1372
the residence, school, business, or place of employment or by the1373
respondent's entry into one of those places otherwise upon the1374
consent of the petitioner or other family or household member.1375

       (b) Division (E)(7)(a) of this section does not limit any1376
discretion of a court to determine that a respondent charged with1377
a violation of section 2919.27 of the Revised Code, with a1378
violation of a municipal ordinance substantially equivalent to1379
that section, or with contempt of court, which charge is based on1380
an alleged violation of a protection order issued or consent1381
agreement approved under this section, did not commit the1382
violation or was not in contempt of court.1383

       (8)(a) The court may modify or terminate as provided in 1384
division (E)(8) of this section a protection order or consent 1385
agreement that was issued after a full hearing under this section. 1386
The court that issued the protection order or approved the consent 1387
agreement shall hear a motion for modification or termination of 1388
the protection order or consent agreement pursuant to division 1389
(E)(8) of this section.1390

       (b) Either the petitioner or the respondent of the original 1391
protection order or consent agreement may bring a motion for 1392
modification or termination of a protection order or consent 1393
agreement that was issued or approved after a full hearing. The 1394
court shall require notice of the motion to be made as provided by 1395
the Rules of Civil Procedure. If the petitioner for the original 1396
protection order or consent agreement has requested that the 1397
petitioner's address be kept confidential, the court shall not 1398
disclose the address to the respondent of the original protection 1399
order or consent agreement or any other person, except as 1400
otherwise required by law. The moving party has the burden of 1401
proof to show, by a preponderance of the evidence, that 1402
modification or termination of the protection order or consent 1403
agreement is appropriate because either the protection order or 1404
consent agreement is no longer needed or because the terms of the 1405
original protection order or consent agreement are no longer 1406
appropriate.1407

       (c) In considering whether to modify or terminate a 1408
protection order or consent agreement issued or approved under 1409
this section, the court shall consider all relevant factors, 1410
including, but not limited to, the following:1411

       (i) Whether the petitioner consents to modification or 1412
termination of the protection order or consent agreement;1413

       (ii) Whether the petitioner fears the respondent;1414

       (iii) The current nature of the relationship between the 1415
petitioner and the respondent;1416

       (iv) The circumstances of the petitioner and respondent, 1417
including the relative proximity of the petitioner's and 1418
respondent's workplaces and residences and whether the petitioner 1419
and respondent have minor children together;1420

       (v) Whether the respondent has complied with the terms and 1421
conditions of the original protection order or consent agreement;1422

       (vi) Whether the respondent has a continuing involvement with 1423
illegal drugs or alcohol;1424

       (vii) Whether the respondent has been convicted of or pleaded 1425
guilty to an offense of violence since the issuance of the 1426
protection order or approval of the consent agreement;1427

       (viii) Whether any other protection orders, consent 1428
agreements, restraining orders, or no contact orders have been 1429
issued against the respondent pursuant to this section, section 1430
2919.26 of the Revised Code, any other provision of state law, or 1431
the law of any other state;1432

       (ix) Whether the respondent has participated in any domestic 1433
violence treatment, intervention program, or other counseling 1434
addressing domestic violence and whether the respondent has 1435
completed the treatment, program, or counseling;1436

       (x) The time that has elapsed since the protection order was 1437
issued or since the consent agreement was approved;1438

       (xi) The age and health of the respondent;1439

       (xii) When the last incident of abuse, threat of harm, or 1440
commission of a sexually oriented offense occurred or other 1441
relevant information concerning the safety and protection of the 1442
petitioner or other protected parties.1443

       (d) If a protection order or consent agreement is modified or 1444
terminated as provided in division (E)(8) of this section, the 1445
court shall issue copies of the modified or terminated order or 1446
agreement as provided in division (F) of this section. A 1447
petitioner may also provide notice of the modification or 1448
termination to the judicial and law enforcement officials in any 1449
county other than the county in which the order or agreement is 1450
modified or terminated as provided in division (N) of this 1451
section.1452

       (e) If the respondent moves for modification or termination 1453
of a protection order or consent agreement pursuant to this 1454
section, the court may assess costs against the respondent for the 1455
filing of the motion.1456

       (F)(1) A copy of any protection order, or consent agreement,1457
that is issued, approved, modified, or terminated under this 1458
section shall be issued by the court to the petitioner, to the 1459
respondent, and to all law enforcement agencies that have 1460
jurisdiction to enforce the order or agreement. The court shall 1461
direct that a copy of an order be delivered to the respondent on 1462
the same day that the order is entered.1463

       (2) All law enforcement agencies shall establish and maintain 1464
an index for the protection orders and the approved consent 1465
agreements delivered to the agencies pursuant to division (F)(1) 1466
of this section. With respect to each order and consent agreement 1467
delivered, each agency shall note on the index the date and time 1468
that it received the order or consent agreement.1469

       (3) Regardless of whether the petitioner has registered the1470
order or agreement in the county in which the officer's agency has1471
jurisdiction pursuant to division (N) of this section, any officer1472
of a law enforcement agency shall enforce a protection order1473
issued or consent agreement approved by any court in this state in1474
accordance with the provisions of the order or agreement,1475
including removing the respondent from the premises, if1476
appropriate.1477

       (G) Any proceeding under this section shall be conducted in1478
accordance with the Rules of Civil Procedure, except that an order1479
under this section may be obtained with or without bond. An order1480
issued under this section, other than an ex parte order, that1481
grants a protection order or approves a consent agreement, that1482
refuses to grant a protection order or approve a consent agreement 1483
that modifies or terminates a protection order or consent 1484
agreement, or that refuses to modify or terminate a protection 1485
order or consent agreement, is a final, appealable order. The 1486
remedies and procedures provided in this section are in addition 1487
to, and not in lieu of, any other available civil or criminal 1488
remedies.1489

       (H) The filing of proceedings under this section does not1490
excuse a person from filing any report or giving any notice1491
required by section 2151.421 of the Revised Code or by any other1492
law. When a petition under this section alleges domestic violence1493
against minor children, the court shall report the fact, or cause1494
reports to be made, to a county, township, or municipal peace1495
officer under section 2151.421 of the Revised Code.1496

       (I) Any law enforcement agency that investigates a domestic1497
dispute shall provide information to the family or household1498
members involved regarding the relief available under this section1499
and section 2919.26 of the Revised Code.1500

       (J) Notwithstanding any provision of law to the contrary and1501
regardless of whether a protection order is issued or a consent1502
agreement is approved by a court of another county or a court of1503
another state, no court or unit of state or local government shall1504
charge any fee, cost, deposit, or money in connection with the 1505
filing of a petition pursuant to this section or in connection1506
with the filing, issuance, registration, or service of a1507
protection order or consent agreement, or for obtaining a1508
certified copy of a protection order or consent agreement.1509

       (K)(1) The court shall comply with Chapters 3119., 3121.,1510
3123., and 3125. of the Revised Code when it makes or modifies an1511
order for child support under this section.1512

       (2) If any person required to pay child support under an1513
order made under this section on or after April 15, 1985, or1514
modified under this section on or after December 31, 1986, is1515
found in contempt of court for failure to make support payments1516
under the order, the court that makes the finding, in addition to1517
any other penalty or remedy imposed, shall assess all court costs1518
arising out of the contempt proceeding against the person and1519
require the person to pay any reasonable attorney's fees of any1520
adverse party, as determined by the court, that arose in relation1521
to the act of contempt.1522

       (L)(1) A person who violates a protection order issued or a1523
consent agreement approved under this section is subject to the1524
following sanctions:1525

       (a) Criminal prosecution for a violation of section 2919.271526
of the Revised Code, if the violation of the protection order or1527
consent agreement constitutes a violation of that section;1528

       (b) Punishment for contempt of court.1529

       (2) The punishment of a person for contempt of court for1530
violation of a protection order issued or a consent agreement1531
approved under this section does not bar criminal prosecution of1532
the person for a violation of section 2919.27 of the Revised Code.1533
However, a person punished for contempt of court is entitled to1534
credit for the punishment imposed upon conviction of a violation1535
of that section, and a person convicted of a violation of that1536
section shall not subsequently be punished for contempt of court1537
arising out of the same activity.1538

       (M) In all stages of a proceeding under this section, a1539
petitioner may be accompanied by a victim advocate.1540

       (N)(1) A petitioner who obtains a protection order or consent 1541
agreement under this section or a temporary protection order under 1542
section 2919.26 of the Revised Code may provide notice of the 1543
issuance or approval of the order or agreement to the judicial and 1544
law enforcement officials in any county other than the county in 1545
which the order is issued or the agreement is approved by1546
registering that order or agreement in the other county pursuant 1547
to division (N)(2) of this section and filing a copy of the 1548
registered order or registered agreement with a law enforcement 1549
agency in the other county in accordance with that division. A 1550
person who obtains a protection order issued by a court of another 1551
state may provide notice of the issuance of the order to the1552
judicial and law enforcement officials in any county of this state 1553
by registering the order in that county pursuant to section 1554
2919.272 of the Revised Code and filing a copy of the registered 1555
order with a law enforcement agency in that county.1556

       (2) A petitioner may register a temporary protection order,1557
protection order, or consent agreement in a county other than the1558
county in which the court that issued the order or approved the1559
agreement is located in the following manner:1560

       (a) The petitioner shall obtain a certified copy of the order 1561
or agreement from the clerk of the court that issued the order or 1562
approved the agreement and present that certified copy to the 1563
clerk of the court of common pleas or the clerk of a municipal1564
court or county court in the county in which the order or1565
agreement is to be registered.1566

       (b) Upon accepting the certified copy of the order or1567
agreement for registration, the clerk of the court of common1568
pleas, municipal court, or county court shall place an endorsement1569
of registration on the order or agreement and give the petitioner1570
a copy of the order or agreement that bears that proof of1571
registration.1572

       (3) The clerk of each court of common pleas, the clerk of1573
each municipal court, and the clerk of each county court shall1574
maintain a registry of certified copies of temporary protection1575
orders, protection orders, or consent agreements that have been1576
issued or approved by courts in other counties and that have been1577
registered with the clerk.1578

       Sec. 4731.284. The state medical board shall approve one or 1579
more continuing medical education courses of study included 1580
within the programs certified by the Ohio state medical 1581
association and the Ohio osteopathic association pursuant to 1582
section 4731.281 of the Revised Code with regard to the counseling 1583
of individuals who abuse animals.1584

       Sec. 4732.141.  (A)(1) On or before the thirty-first day of1585
August of each even-numbered year beginning in 1998 and until the1586
requirement set forth in division (A)(2) of this section applies,1587
each person licensed under this chapter by the state board of1588
psychology shall have completed, in the preceding two-year period,1589
not less than twenty hours of continuing education in psychology1590
or the number of hours determined under division (D) of this1591
section.1592

       (2) On or before the thirty-first day of August of each1593
even-numbered year after the biennium in which this amendment1594
takes effect, each person licensed under this chapter by the state1595
board of psychology shall have completed, in the preceding1596
two-year period, not less than twenty-three hours of continuing1597
education in psychology, including not less than three hours of1598
continuing education in professional conduct and ethics, or the1599
number of hours determined under division (D) of this section.1600

       (3) Each person subject to division (A)(1) or (2) of this1601
section shall certify to the board, at the time of biennial1602
registration pursuant to section 4732.14 of the Revised Code and1603
on the registration form prescribed by the board under that1604
section, that in the preceding two years the person has completed1605
continuing psychology education in compliance with this section. 1606
The board shall adopt rules establishing the procedure for a1607
person to certify to the board and for properly recording with the1608
Ohio psychological association or the state board of education1609
completion of the continuing education.1610

       (B) Continuing psychology education may be applied to meet1611
the requirement of division (A) of this section if both of the1612
following requirements are met:1613

       (1) It is obtained through a program or course approved by1614
the state board of psychology, the Ohio psychological association,1615
the Ohio association of black psychologists, or the American1616
psychological association or, in the case of a licensed school1617
psychologist or a licensed psychologist with a school psychology1618
specialty, by the state board of education, the Ohio school1619
psychologists association, or the national association of school1620
psychologists;1621

       (2) Completion of the program or course is recorded with the1622
Ohio psychological association or the state board of education in1623
accordance with rules adopted by the state board of psychology in1624
accordance with division (A) of this section.1625

       The state board of psychology may disapprove any program or1626
course that has been approved by the Ohio psychological1627
association, Ohio association of black psychologists, American1628
psychological association, state board of education, Ohio school1629
psychologists association, or national association of school1630
psychologists. Such program or course may not be applied to meet1631
the requirement of division (A) of this section.1632

       (C) Each person licensed under this chapter shall be given a1633
sufficient choice of continuing education programs or courses in1634
psychology, including programs or courses on professional conduct1635
and ethics when required under division (A)(2) of this section, to1636
ensure that the person has had a reasonable opportunity to1637
participate in programs or courses that are relevant to the1638
person's practice in terms of subject matter and level.1639

       (D) The board shall adopt rules providing for reductions of1640
the hours of continuing psychology education required by this1641
section for persons in their first registration period.1642

       (E) Each person licensed under this chapter shall retain in1643
the person's records for at least three years the receipts,1644
vouchers, or certificates necessary to document completion of1645
continuing psychology education. Proof of continuing psychology1646
education recorded with the Ohio psychological association or the1647
state board of education in accordance with the procedures1648
established pursuant to division (A) of this section shall serve1649
as sufficient documentation of completion. With cause, the board1650
may request the documentation from the person. The board also may1651
request the documentation from persons licensed under this chapter1652
selected at random, without cause. The board may review any1653
continuing psychology education records recorded by the Ohio1654
psychological association or the state board of education.1655

       (F) The board may excuse persons licensed under this chapter, 1656
as a group or as individuals, from all or any part of the1657
requirements of this section because of an unusual circumstance,1658
emergency, or special hardship.1659

       (G) The state board of psychology shall approve one or more1660
continuing education courses of study that assist psychologists1661
and school psychologists in recognizing the signs of domestic1662
violence and its relationship to child abuse. Psychologists and1663
school psychologists are not required to take the courses.1664

       (H) The state board of psychology shall approve one or more 1665
continuing education courses of study with regard to the 1666
counseling of individuals who abuse animals.1667

       Sec. 4757.33.  (A) Except as provided in division (B) of this 1668
section, each person who holds a license or certificate of1669
registration issued under this chapter shall complete during the1670
period that the license or certificate is in effect not less than1671
thirty clock hours of continuing professional education as a1672
condition of receiving a renewed license or certificate. To have a 1673
lapsed license or certificate of registration restored, a person1674
shall complete the number of hours of continuing education1675
specified by the counselor, social worker, and marriage and family 1676
therapist board in rules it shall adopt in accordance with Chapter 1677
119. of the Revised Code.1678

       The professional standards committees of the counselor,1679
social worker, and marriage and family therapist board shall adopt1680
rules in accordance with Chapter 119. of the Revised Code1681
establishing standards and procedures to be followed by the1682
committees in conducting the continuing education approval1683
process.1684

       (B) The board may waive the continuing education requirements1685
established under this section for persons who are unable to 1686
fulfill them because of military service, illness, residence 1687
abroad, or any other reason the committee considers acceptable.1688

       In the case of a social worker licensed by virtue of1689
receiving, prior to October 10, 1992, a baccalaureate degree in a1690
program closely related to social work, as a condition of the1691
first renewal of the license, the social worker mustshall1692
complete at an accredited educational institution a minimum of1693
five semester hours of social work graduate or undergraduate 1694
credit, or their equivalent, that is acceptable to the committee 1695
and includes a course in social work theory and a course in social 1696
work methods.1697

       (C) The continuing professional education that is required 1698
by this section shall include a course of study with regard to 1699
the counseling of individuals who abuse animals.1700

       Section 2. That existing sections 959.99, 2152.19, 2903.213, 1701
2903.214, 2919.26, 3113.31, 4732.141, and 4757.33 of the Revised 1702
Code are hereby repealed.1703