| (2) If the petitioner seeks relief in the form of electronic | 37 |
|
monitoring of the respondent, an allegation that for a period of | 38 |
|
more than one year preceding the filing of the petition the | 39 |
|
respondent engaged in conduct that would cause a reasonable person | 40 |
|
to believe that the health, welfare, or safety of the person to be | 41 |
|
protected was at risk, a description of the nature and extent of | 42 |
|
that conduct, and an allegation that the respondent presents a | 43 |
|
continuing danger to the person to be protected; | 44 |
| (D)(1) If a person who files a petition pursuant to this | 46 |
|
section requests an ex parte order, the court shall hold an ex | 47 |
|
parte hearing as soon as possible after the petition is filed, but | 48 |
|
not later
than the next day that the court is in session after the | 49 |
|
petition is filed.
The
court, for good cause shown at the ex | 50 |
|
parte hearing, may enter
any temporary orders, with or without | 51 |
|
bond, that the court finds necessary for
the safety and protection | 52 |
|
of the person to be protected by the order.
Immediate and present | 53 |
|
danger to the person to be protected by the protection
order | 54 |
|
constitutes good cause for purposes of this section. Immediate
and | 55 |
|
present danger includes, but is not limited to,
situations in | 56 |
|
which the respondent has threatened the person to be protected
by | 57 |
|
the protection order with bodily harm or in which the respondent | 58 |
|
previously has been convicted of or pleaded guilty to a violation | 59 |
|
of section
2903.211
of the Revised Code or a sexually oriented | 60 |
|
offense against the person to be
protected by the protection | 61 |
|
order. | 62 |
| (2)(a) If the court, after an ex parte hearing, issues a | 63 |
|
protection order
described in division (E) of this section, the | 64 |
|
court
shall schedule a full hearing for a date that is within ten | 65 |
|
court days after
the ex
parte hearing. The court shall give the | 66 |
|
respondent notice of, and an
opportunity to
be heard at, the full | 67 |
|
hearing.
The court shall hold the full hearing on the date | 68 |
|
scheduled under this division unless the court grants a | 69 |
|
continuance of the hearing in accordance with this division.
Under | 70 |
|
any of the following circumstances or for any of the
following | 71 |
|
reasons, the court may grant a continuance of the full
hearing to | 72 |
|
a reasonable time determined by the court: | 73 |
| (E)(1)(a) After an ex parte or full hearing, the court may | 92 |
|
issue any protection order, with or without bond,
that contains | 93 |
|
terms designed to ensure the safety and protection of the person | 94 |
|
to be protected by the protection order, including, but not | 95 |
|
limited to, a
requirement that the
respondent refrain from | 96 |
|
entering the
residence, school, business, or place of employment | 97 |
|
of the
petitioner or family or household member.
If the court | 98 |
|
includes a requirement that the respondent
refrain from entering | 99 |
|
the residence, school, business, or place
of employment of the | 100 |
|
petitioner or family or household member in
the order, it also | 101 |
|
shall include in the order provisions of the
type described in | 102 |
|
division
(E)(5) of this section. | 103 |
| (b) After a full hearing, if the court finds upon clear and | 104 |
|
convincing evidence that the petitioner reasonably believed that | 105 |
|
the respondent's conduct over the course of the year preceding the | 106 |
|
filing of the petition endangered the health, welfare, or safety | 107 |
|
of the person to be protected and that the respondent presents a | 108 |
|
continuing danger to the person to be protected, the court shall | 109 |
|
order that the respondent be electronically monitored for a period | 110 |
|
of time and under the terms and conditions that the court | 111 |
|
determines are appropriate. Electronic monitoring shall be in | 112 |
|
addition to any other relief granted to the petitioner. | 113 |
| (d) After a full hearing at which the respondent presents | 134 |
|
evidence in support of the request for a protection order and the | 135 |
|
petitioner
is afforded an opportunity to defend against that | 136 |
|
evidence, the court
determines that the petitioner has committed a | 137 |
|
violation of section
2903.211 of the Revised Code against the | 138 |
|
person to be protected by the
protection order issued pursuant to | 139 |
|
this section, has committed a sexually oriented offense against | 140 |
|
the person to be protected by the protection order, or has | 141 |
|
violated a protection
order issued
pursuant to
section 2903.213 of | 142 |
|
the Revised Code relative to the person to be
protected by
the | 143 |
|
protection order issued pursuant to this section. | 144 |
| (5)(a) If
the court issues a protection order under this | 147 |
|
section that
includes a requirement that the alleged offender | 148 |
|
refrain from
entering the residence, school, business, or place of | 149 |
|
employment
of the petitioner or a family or household member, the | 150 |
|
order
shall clearly state that the order cannot be waived or | 151 |
|
nullified
by an invitation to the alleged offender from the | 152 |
|
complainant to
enter the residence, school, business, or place of | 153 |
|
employment or
by the alleged offender's entry into one of those | 154 |
|
places
otherwise upon the consent of the petitioner or family or | 155 |
|
household member. | 156 |
| (b) Division
(E)(5)(a)
of this section does not limit any | 157 |
|
discretion of a court to
determine that an alleged offender | 158 |
|
charged with a violation of
section 2919.27 of the Revised Code, | 159 |
|
with a violation of a
municipal ordinance substantially equivalent | 160 |
|
to that section, or
with contempt of court, which charge is based | 161 |
|
on an alleged
violation of a protection order issued under this | 162 |
|
section, did
not commit the violation or was not in contempt of | 163 |
|
court. | 164 |
| (3) Regardless of whether the petitioner has registered the | 176 |
|
protection
order
in the county in which the officer's agency has | 177 |
|
jurisdiction
pursuant to division (M) of this section, any officer | 178 |
|
of a law
enforcement agency shall enforce a protection order | 179 |
|
issued pursuant to this
section by any court in
this state in | 180 |
|
accordance with the provisions of the order, including removing | 181 |
|
the respondent from the premises, if appropriate. | 182 |
| (G) Any proceeding under this section shall be conducted
in | 183 |
|
accordance with the Rules of Civil Procedure,
except that a | 184 |
|
protection
order may be obtained under this section with or | 185 |
|
without bond.
An order issued under this section, other than an | 186 |
|
ex parte
order, that grants a protection order, or that refuses to | 187 |
|
grant
a protection order, is a final, appealable order.
The | 188 |
|
remedies and procedures provided in this section are in
addition | 189 |
|
to, and not in lieu of, any other available civil or
criminal | 190 |
|
remedies. | 191 |
| (J) Notwithstanding any provision of law to the contrary
and | 202 |
|
regardless of whether a protection order is issued or a consent | 203 |
|
agreement is approved by a court of
another county or by a court | 204 |
|
of another state,
no court
or unit of state or local government | 205 |
|
shall
charge
any fee, cost, deposit, or money in connection
with | 206 |
|
the filing of a petition
pursuant
to this section, in
connection | 207 |
|
with the filing, issuance,
registration, or service of
a | 208 |
|
protection order or consent agreement, or for obtaining a | 209 |
|
certified copy of a protection order or consent agreement. | 210 |
| (2) The punishment of a person for contempt of court for | 217 |
|
violation of a protection order issued under this section does not | 218 |
|
bar
criminal prosecution of
the person for a violation of section | 219 |
|
2919.27 of the Revised
Code. However, a person punished for | 220 |
|
contempt of court is
entitled to credit for the punishment imposed | 221 |
|
upon conviction of
a violation of that section, and a person | 222 |
|
convicted of a
violation of that section shall not subsequently be | 223 |
|
punished for
contempt of court arising out of the same activity. | 224 |
| (M)(1) A petitioner who obtains a protection order under
this | 227 |
|
section or a protection order
under section 2903.213 of the | 228 |
|
Revised Code may
provide notice of the issuance or approval of the | 229 |
|
order to the judicial and
law enforcement officials in any county | 230 |
|
other
than the county in which the order is issued by registering | 231 |
|
that order in the
other county pursuant to division
(M)(2) of this | 232 |
|
section and filing a copy of the registered order with
a law | 233 |
|
enforcement agency in the other county in accordance with that | 234 |
|
division.
A person who obtains a protection order issued by a | 235 |
|
court
of another state may provide notice of the issuance of the | 236 |
|
order
to the judicial and law enforcement officials in any county | 237 |
|
of
this state by registering the order in that county pursuant to | 238 |
|
section 2919.272 of the Revised Code and filing a copy of
the | 239 |
|
registered order with a law enforcement agency in that
county. | 240 |
| (3) If the offender previously has been convicted
of or | 278 |
|
pleaded guilty to a violation of a protection order issued | 279 |
|
pursuant to section 2903.213 or 2903.214 of the Revised Code, two | 280 |
|
or more violations of section 2903.21, 2903.211, 2903.22,
or | 281 |
|
2911.211 of the Revised Code that involved the same
person who is | 282 |
|
the
subject of the protection order or consent agreement, or
one | 283 |
|
or more
violations of this section, violating a
protection order | 284 |
|
is a
felony of the fifth degree. | 285 |
| (5) If the protection order violated by the offender required | 289 |
|
electronic monitoring of the offender pursuant to section 2903.214 | 290 |
|
of the Revised Code, the court may require
in addition to any | 291 |
|
other sentence imposed upon the offender that the offender be | 292 |
|
electronically monitored for a period not exceeding five years by | 293 |
|
a law enforcement agency designated by the court and that the | 294 |
|
offender pay the costs of the installation of the electronic | 295 |
|
monitoring device and the cost of monitoring the electronic | 296 |
|
monitoring device. | 297 |
| (D) As used in this
section, "protection order issued by a | 304 |
|
court of another state"
means an injunction or another order | 305 |
|
issued by a criminal
court of another state for the purpose of | 306 |
|
preventing violent or
threatening acts or harassment against, | 307 |
|
contact or communication
with, or physical proximity to another | 308 |
|
person, including a
temporary order, and means an injunction or | 309 |
|
order of that nature issued by a
civil court of another state, | 310 |
|
including a temporary order and a final order
issued in an | 311 |
|
independent action or as a pendente lite order in a proceeding
for | 312 |
|
other relief,
if the court issued it in response to a complaint, | 313 |
|
petition, or
motion filed by or on behalf of a person seeking | 314 |
|
protection.
"Protection order issued by a court of another state" | 315 |
|
does not
include an order for support or for custody of a child | 316 |
|
issued pursuant to the divorce and child custody laws of another | 317 |
|
state, except to the extent that the order for support or for | 318 |
|
custody of a child is entitled to full faith and credit under the | 319 |
|
laws of the United States. | 320 |