As Introduced

128th General Assembly Regular Session 2009-2010

H. B. No. 10

Representative Brown 

Cosponsors: Representatives Szollosi, Williams, B., Letson, Harwood, Stewart, Chandler, Gardner, Boyd, Garrison, Otterman, Luckie, Stebelton, Harris, Newcomb, Williams, S., Phillips, Foley, Slesnick, Fende, Pillich 

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A BILL

To amend sections 2151.23, 2903.214, 2919.25,

1

3113.31, and 3113.33 of the Revised Code to allow

2

a court to issue a civil protection order to a

3

child who has had or has a dating relationship

4

with the respondent if certain offenses are

5

alleged and to include foster parents under the

6

scope of the domestic violence laws.

7

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

Section 1. That sections 2151.23, 2903.214, 2919.25,	8
3113.31, and 3113.33 of the Revised Code be amended to read as	9
follows:	10

Sec. 2151.23.  (A) The juvenile court has exclusive original	11
jurisdiction under the Revised Code as follows:	12

(1) Concerning any child who on or about the date specified	13
in the complaint, indictment, or information is alleged to have	14
violated section 2151.87 of the Revised Code or an order issued	15
under that section or to be a juvenile traffic offender or a	16
delinquent, unruly, abused, neglected, or dependent child and,	17
based on and in relation to the allegation pertaining to the	18
child, concerning the parent, guardian, or other person having	19
care of a child who is alleged to be an unruly or delinquent child	20
for being an habitual or chronic truant;	21

(2) Subject to divisions (G) and (V) of section 2301.03 of	22
the Revised Code, to determine the custody of any child not a ward	23
of another court of this state;	24

(3) To hear and determine any application for a writ of	25
habeas corpus involving the custody of a child;	26

(4) To exercise the powers and jurisdiction given the probate	27
division of the court of common pleas in Chapter 5122. of the	28
Revised Code, if the court has probable cause to believe that a	29
child otherwise within the jurisdiction of the court is a mentally	30
ill person subject to hospitalization by court order, as defined	31
in section 5122.01 of the Revised Code;	32

(5) To hear and determine all criminal cases charging adults	33
with the violation of any section of this chapter;	34

(6) To hear and determine all criminal cases in which an	35
adult is charged with a violation of division (C) of section	36
2919.21, division (B)(1) of section 2919.22, section 2919.222,	37
division (B) of section 2919.23, or section 2919.24 of the Revised	38
Code, provided the charge is not included in an indictment that	39
also charges the alleged adult offender with the commission of a	40
felony arising out of the same actions that are the basis of the	41
alleged violation of division (C) of section 2919.21, division	42
(B)(1) of section 2919.22, section 2919.222, division (B) of	43
section 2919.23, or section 2919.24 of the Revised Code;	44

(7) Under the interstate compact on juveniles in section	45
2151.56 of the Revised Code;	46

(8) Concerning any child who is to be taken into custody	47
pursuant to section 2151.31 of the Revised Code, upon being	48
notified of the intent to take the child into custody and the	49
reasons for taking the child into custody;	50

(9) To hear and determine requests for the extension of	51
temporary custody agreements, and requests for court approval of	52
permanent custody agreements, that are filed pursuant to section	53
5103.15 of the Revised Code;	54

(10) To hear and determine applications for consent to marry	55
pursuant to section 3101.04 of the Revised Code;	56

(11) Subject to divisions (G) and (V) of section 2301.03 of	57
the Revised Code, to hear and determine a request for an order for	58
the support of any child if the request is not ancillary to an	59
action for divorce, dissolution of marriage, annulment, or legal	60
separation, a criminal or civil action involving an allegation of	61
domestic violence, or an action for support brought under Chapter	62
3115. of the Revised Code;	63

(12) Concerning an action commenced under section 121.38 of	64
the Revised Code;	65

(13) To hear and determine violations of section 3321.38 of	66
the Revised Code;	67

(14) To exercise jurisdiction and authority over the parent,	68
guardian, or other person having care of a child alleged to be a	69
delinquent child, unruly child, or juvenile traffic offender,	70
based on and in relation to the allegation pertaining to the	71
child;	72

(15) To conduct the hearings, and to make the determinations,	73
adjudications, and orders authorized or required under sections	74
2152.82 to 2152.86 and Chapter 2950. of the Revised Code regarding	75
a child who has been adjudicated a delinquent child and to refer	76
the duties conferred upon the juvenile court judge under sections	77
2152.82 to 2152.86 and Chapter 2950. of the Revised Code to	78
magistrates appointed by the juvenile court judge in accordance	79
with Juvenile Rule 40;	80

(16) To hear and determine a petition for a protection order	81
against a child under section 2903.214 or 3113.31 of the Revised	82
Code and to enforce a protection order issued under either	83
section against a child for a period not to exceed five years or	84
until the child is twenty-one years of age, whichever occurs	85
first.	86

(B) Except as provided in divisions (G) and (I) of section	87
2301.03 of the Revised Code, the juvenile court has original	88
jurisdiction under the Revised Code:	89

(1) To hear and determine all cases of misdemeanors charging	90
adults with any act or omission with respect to any child, which	91
act or omission is a violation of any state law or any municipal	92
ordinance;	93

(2) To determine the paternity of any child alleged to have	94
been born out of wedlock pursuant to sections 3111.01 to 3111.18	95
of the Revised Code;	96

(3) Under the uniform interstate family support act in	97
Chapter 3115. of the Revised Code;	98

(4) To hear and determine an application for an order for the	99
support of any child, if the child is not a ward of another court	100
of this state;	101

(5) To hear and determine an action commenced under section	102
3111.28 of the Revised Code;	103

(6) To hear and determine a motion filed under section	104
3119.961 of the Revised Code;	105

(7) To receive filings under section 3109.74 of the Revised	106
Code, and to hear and determine actions arising under sections	107
3109.51 to 3109.80 of the Revised Code.	108

(8) To enforce an order for the return of a child made under	109
the Hague Convention on the Civil Aspects of International Child	110
Abduction pursuant to section 3127.32 of the Revised Code;	111

(9) To grant any relief normally available under the laws of	112
this state to enforce a child custody determination made by a	113
court of another state and registered in accordance with section	114
3127.35 of the Revised Code.	115

(C) The juvenile court, except as to juvenile courts that are	116
a separate division of the court of common pleas or a separate and	117
independent juvenile court, has jurisdiction to hear, determine,	118
and make a record of any action for divorce or legal separation	119
that involves the custody or care of children and that is filed in	120
the court of common pleas and certified by the court of common	121
pleas with all the papers filed in the action to the juvenile	122
court for trial, provided that no certification of that nature	123
shall be made to any juvenile court unless the consent of the	124
juvenile judge first is obtained. After a certification of that	125
nature is made and consent is obtained, the juvenile court shall	126
proceed as if the action originally had been begun in that court,	127
except as to awards for spousal support or support due and unpaid	128
at the time of certification, over which the juvenile court has no	129
jurisdiction.	130

(D) The juvenile court, except as provided in divisions (G)	131
and (I) of section 2301.03 of the Revised Code, has jurisdiction	132
to hear and determine all matters as to custody and support of	133
children duly certified by the court of common pleas to the	134
juvenile court after a divorce decree has been granted, including	135
jurisdiction to modify the judgment and decree of the court of	136
common pleas as the same relate to the custody and support of	137
children.	138

(E) The juvenile court, except as provided in divisions (G)	139
and (I) of section 2301.03 of the Revised Code, has jurisdiction	140
to hear and determine the case of any child certified to the court	141
by any court of competent jurisdiction if the child comes within	142
the jurisdiction of the juvenile court as defined by this section.	143

(F)(1) The juvenile court shall exercise its jurisdiction in	144
child custody matters in accordance with sections 3109.04 and	145
3127.01 to 3127.53 of the Revised Code and, as applicable,	146
sections 5103.20 to 5103.22 or 5103.23 to 5103.237 of the Revised	147
Code.	148

(2) The juvenile court shall exercise its jurisdiction in	149
child support matters in accordance with section 3109.05 of the	150
Revised Code.	151

(G) Any juvenile court that makes or modifies an order for	152
child support shall comply with Chapters 3119., 3121., 3123., and	153
3125. of the Revised Code. If any person required to pay child	154
support under an order made by a juvenile court on or after April	155
15, 1985, or modified on or after December 1, 1986, is found in	156
contempt of court for failure to make support payments under the	157
order, the court that makes the finding, in addition to any other	158
penalty or remedy imposed, shall assess all court costs arising	159
out of the contempt proceeding against the person and require the	160
person to pay any reasonable attorney's fees of any adverse party,	161
as determined by the court, that arose in relation to the act of	162
contempt.	163

(H) If a child who is charged with an act that would be an	164
offense if committed by an adult was fourteen years of age or	165
older and under eighteen years of age at the time of the alleged	166
act and if the case is transferred for criminal prosecution	167
pursuant to section 2152.12 of the Revised Code, the juvenile	168
court does not have jurisdiction to hear or determine the case	169
subsequent to the transfer. The court to which the case is	170
transferred for criminal prosecution pursuant to that section has	171
jurisdiction subsequent to the transfer to hear and determine the	172
case in the same manner as if the case originally had been	173
commenced in that court, including, but not limited to,	174
jurisdiction to accept a plea of guilty or another plea authorized	175
by Criminal Rule 11 or another section of the Revised Code and	176
jurisdiction to accept a verdict and to enter a judgment of	177
conviction pursuant to the Rules of Criminal Procedure against the	178
child for the commission of the offense that was the basis of the	179
transfer of the case for criminal prosecution, whether the	180
conviction is for the same degree or a lesser degree of the	181
offense charged, for the commission of a lesser-included offense,	182
or for the commission of another offense that is different from	183
the offense charged.	184

(I) If a person under eighteen years of age allegedly commits	185
an act that would be a felony if committed by an adult and if the	186
person is not taken into custody or apprehended for that act until	187
after the person attains twenty-one years of age, the juvenile	188
court does not have jurisdiction to hear or determine any portion	189
of the case charging the person with committing that act. In those	190
circumstances, divisions (A) and (B) of section 2152.12 of the	191
Revised Code do not apply regarding the act, and the case charging	192
the person with committing the act shall be a criminal prosecution	193
commenced and heard in the appropriate court having jurisdiction	194
of the offense as if the person had been eighteen years of age or	195
older when the person committed the act. All proceedings	196
pertaining to the act shall be within the jurisdiction of the	197
court having jurisdiction of the offense, and that court has all	198
the authority and duties in the case that it has in other criminal	199
cases in that court.	200

(J) In exercising its exclusive original jurisdiction under	201
division (A)(1) of this section with respect to any proceedings	202
brought under section 2903.214 or 3113.31 of the Revised Code in	203
which the respondent is a child, the juvenile court retains all	204
dispositionary powers consistent with existing rules of juvenile	205
procedure and may also exercise its discretion to adjudicate	206
proceedings as provided in sections 2903.214 and 3113.13 of the	207
Revised Code, including the issuance of protection orders under	208
those sections.	209

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

210

(1) "Court" means the court of common pleas of the county in	211
which the person to be protected by the protection order resides	212
or the juvenile division of the court of common pleas of the	213
county in which the person to be protected resides if the	214
respondent is less than eighteen years of age.	215

(2) "Victim advocate" means a person who provides support and	216
assistance for a person who files a petition under this section.	217

(3) "Family or household member" has the same meaning as in	218
section 3113.31 of the Revised Code.	219

(4) "Protection order issued by a court of another state" has	220
the same meaning as in section 2919.27 of the Revised Code.	221

(5) "Sexually oriented offense" has the same meaning as in	222
section 2950.01 of the Revised Code.	223

(6) "Dating relationship" means a social relationship of a	224
romantic or intimate nature. The existence of such a relationship	225
shall be determined based upon the following factors:	226

(a) The length of the relationship;

227

(b) The nature of the relationship;

228

(c) The frequency of interactions between the persons	229
involved in the relationship;	230

(d) Any other factor the court considers relevant.

231

(B) The court has jurisdiction over all proceedings under	232
this section. Regardless of the age of the petitioner or the	233
person to be protected, if the respondent is an adult, the	234
petition must be filed in the court of common pleas of the county	235
in which the party to be protected resides, and that court shall	236
have exclusive original jurisdiction over the petition. If the	237
respondent is a minor, the petition must be filed in the juvenile	238
division of the court of common pleas of the county in which the	239
party to be protected resides, and that court shall have exclusive	240
original jurisdiction over the petition.	241

(C) A person may seek relief under this section for the	242
person, or any parent or adult household member may seek relief	243
under this section on behalf of any other family or household	244
member, by filing a petition with the court. If the person to be	245
protected by the protection order is a child who is less than	246
eighteen years of age, the child may file a petition requesting a	247
protection order under this section on the child's own behalf or,	248
upon the child's request, a person who is eighteen years of age or	249
older may file a petition requesting a protection order for the	250
child. The petition shall contain ora request for relief under	251
this section and shall state bothone of the following	252
allegations:	253

(1) An allegation that the respondent engaged in a violation	254
of section 2903.211 of the Revised Code against the person to be	255
protected by the protection order or committed a sexually oriented	256
offense against the person to be protected by the protection	257
order, including a description of the nature and extent of the	258
violation;	259

(2) A request for relief under this sectionAn allegation	260
that the respondent engaged in a violation of section 2903.11,	261
2903.12, 2903.13, 2903.21, 2903.211, 2903.22, or 2911.211 of the	262
Revised Code or a section of the Revised Code that is a sexually	263
oriented offense or a violation of a municipal ordinance	264
substantially similar to a violation of one of those sections	265
against the person to be protected by the protection order if	266
either of the following apply:	267

(a) The person to be protected by the protection order was	268
less than eighteen years of age at the time of the alleged	269
violation and is a person with whom the respondent has or had a	270
dating relationship.	271

(b) The respondent was less than eighteen years of age at the	272
time of the alleged violation and is a person with whom the person	273
to be protected has or had a dating relationship.	274

(D)(1) If a person who files a petition pursuant to this	275
section requests an ex parte order, the court shall hold an ex	276
parte hearing as soon as possible after the petition is filed, but	277
not later than the next day that the court is in session after the	278
petition is filed. The court, for good cause shown at the ex	279
parte hearing, may enter any temporary orders, with or without	280
bond, that the court finds necessary for the safety and protection	281
of the person to be protected by the order. Immediate and present	282
danger to the person to be protected by the protection order	283
constitutes good cause for purposes of this section. Immediate and	284
present danger includes, but is not limited to, situations in	285
which any of the following apply:	286

(a) The respondent has threatened the person to be protected	287
by the protection order with bodily harm or in which the.	288

(b) The respondent has caused the person to be protected	289
mental distress or caused the person to be protected to believe	290
that the respondent will cause physical harm to that person.	291

(c) The respondent previously has been convicted of or	292
pleaded guilty to a violation of section 2903.211 of the Revised	293
Code or a sexually oriented offense against the person to be	294
protected by the protection order, or the respondent previously	295
has been convicted of, pleaded guilty to, or was adjudicated a	296
delinquent child for committing a violation of section 2903.11,	297
2903.12, 2903.13, 2903.21, 2903.211, 2903.22, or 2911.211 of the	298
Revised Code, a violation of a section of the Revised Code that is	299
a sexually oriented offense, or a violation of a municipal	300
ordinance substantially similar to a violation of one of those	301
sections against the person to be protected by the protection	302
order if the person to be protected by the protection order was	303
less than eighteen years of age at the time of the alleged	304
violation and is a person with whom the respondent has or had a	305
dating relationship.	306

(2)(a) If the court, after an ex parte hearing, issues a	307
protection order described in division (E) of this section, the	308
court shall schedule a full hearing for a date that is within ten	309
court days after the ex parte hearing. The court shall give the	310
respondent notice of, and an opportunity to be heard at, the full	311
hearing. The court shall hold the full hearing on the date	312
scheduled under this division unless the court grants a	313
continuance of the hearing in accordance with this division. Under	314
any of the following circumstances or for any of the following	315
reasons, the court may grant a continuance of the full hearing to	316
a reasonable time determined by the court:	317

(i) Prior to the date scheduled for the full hearing under	318
this division, the respondent has not been served with the	319
petition filed pursuant to this section and notice of the full	320
hearing.	321

(ii) The parties consent to the continuance.

322

(iii) The continuance is needed to allow a party to obtain	323
counsel.	324

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

325

(b) An ex parte order issued under this section does not	326
expire because of a failure to serve notice of the full hearing	327
upon the respondent before the date set for the full hearing under	328
division (D)(2)(a) of this section or because the court grants a	329
continuance under that division.	330

(3) If a person who files a petition pursuant to this section	331
does not request an ex parte order, or if a person requests an ex	332
parte order but the court does not issue an ex parte order after	333
an ex parte hearing, the court shall proceed as in a normal civil	334
action and grant a full hearing on the matter.	335

(4) As used in this division, "mental distress" has the same	336
meaning as in section 2903.211 of the Revised Code.	337

(E)(1) After an ex parte or full hearing, the court may issue	338
any protection order, with or without bond, that contains terms	339
designed to ensure the safety and protection of the person to be	340
protected by the protection order, including, but not limited to,	341
a requirement that the respondent refrain from entering the	342
residence, school, business, or place of employment of the	343
petitioner or family or household member. If the court includes a	344
requirement that the respondent refrain from entering the	345
residence, school, business, or place of employment of the	346
petitioner or family or household member in the order, it also	347
shall include in the order provisions of the type described in	348
division (E)(5) of this section.	349

(2)(a) Any protection order issued pursuant to this section	350
shall be valid until a date certain but not later than five years	351
from the date of its issuance.	352

(b) Any protection order issued pursuant to this section may	353
be renewed in the same manner as the original order was issued.	354

(3) A court may not issue a protection order that requires a	355
petitioner to do or to refrain from doing an act that the court	356
may require a respondent to do or to refrain from doing under	357
division (E)(1) of this section unless all of the following apply:	358

(a) The respondent files a separate petition for a protection	359
order in accordance with this section. Regardless of the court in	360
which the initial petition was filed, if the petitioner is a	361
minor, the respondent must file the separate petition in the	362
juvenile division of the court of common pleas of the county in	363
which the respondent resides, and that court shall have exclusive	364
original jurisdiction over the respondent's petition. If the	365
petitioner is an adult, the respondent must file the separate	366
petition in the court of common pleas of the county in which the	367
respondent resides, and that court shall have exclusive original	368
jurisdiction over the respondent's petition.	369

(b) The petitioner is served with notice of the respondent's	370
petition at least forty-eight hours before the court holds a	371
hearing with respect to the respondent's petition, or the	372
petitioner waives the right to receive this notice.	373

(c) If the petitioner has requested an ex parte order	374
pursuant to division (D) of this section, the court does not delay	375
any hearing required by that division beyond the time specified in	376
that division in order to consolidate the hearing with a hearing	377
on the petition filed by the respondent.	378

(d) After a full hearing at which the respondent presents	379
evidence in support of the request for a protection order and the	380
petitioner is afforded an opportunity to defend against that	381
evidence, the court determines that one of the following applies:	382

(i) The petitioner has committed a violation of section	383
2903.211 of the Revised Code against the person to be protected by	384
the protection order issued pursuant to division (E)(3) of this	385
section,.	386

(ii) The petitioner has committed a sexually oriented offense	387
against the person to be protected by the protection order, or.	388

(iii) The petitioner has violated a protection order issued	389
pursuant to section 2903.213 of the Revised Code relative to the	390
person to be protected by the protection order issued pursuant to	391
division (E)(3) of this section.	392

(iv) The person to be protected or respondent is less than	393
eighteen years of age, the person to be protected and respondent	394
have or had a dating relationship, and the person to be protected	395
has committed a violation of section 2903.11, 2903.12, 2903.13,	396
2903.21, 2903.211, 2903.22, or 2911.211 of the Revised Code or a	397
substantially similar municipal ordinance.	398

(v) The person to be protected or respondent is less than	399
eighteen years of age and the person to be protected is a victim	400
of behavior, that was committed by the respondent, that is	401
prohibited by division (A) of section 2903.211 of the Revised Code	402
or a substantially similar municipal ordinance.	403

(4) No protection order issued pursuant to this section shall	404
in any manner affect title to any real property.	405

(5)(a) If the court issues a protection order under this	406
section that includes a requirement that the alleged offender	407
respondent refrain from entering the residence, school, business,	408
or place of employment of the petitioner or a family or household	409
member, the order shall clearly state that the order cannot be	410
waived or nullified by an invitation to the alleged offender	411
respondent from the complainant to enter the residence, school,	412
business, or place of employment or by the alleged offender's	413
respondent's entry into one of those places otherwise upon the	414
consent of the petitioner or family or household member.	415

(b) Division (E)(5)(a) of this section does not limit any	416
discretion of a court to determine that an alleged offender	417
charged with a violation of section 2919.27 of the Revised Code,	418
with a violation of a municipal ordinance substantially equivalent	419
to that section, or with contempt of court, which charge is based	420
on an alleged violation of a protection order issued under this	421
section, did not commit the violation or was not in contempt of	422
court.	423

(F)(1) The court shall cause the delivery of a copy of any	424
protection order that is issued under this section to the	425
petitioner, to the respondent, and to all law enforcement agencies	426
that have jurisdiction to enforce the order. The court shall	427
direct that a copy of the order be delivered to the respondent on	428
the same day that the order is entered.	429

(2) Upon the issuance of a protection order under this	430
section, the court shall provide the parties to the order with the	431
following notice orally or by form:	432

"NOTICE	433

As a result of this order, it may be unlawful for you to	434
possess or purchase a firearm, including a rifle, pistol, or	435
revolver, or ammunition pursuant to federal law under 18 U.S.C.	436
922(g)(8). If you have any questions whether this law makes it	437
illegal for you to possess or purchase a firearm or ammunition,	438
you should consult an attorney."	439

(3) All law enforcement agencies shall establish and maintain	440
an index for the protection orders delivered to the agencies	441
pursuant to division (F)(1) of this section. With respect to each	442
order delivered, each agency shall note on the index the date and	443
time that it received the order.	444

(4) Regardless of whether the petitioner has registered the	445
protection order in the county in which the officer's agency has	446
jurisdiction pursuant to division (M) of this section, any	447
officer of a law enforcement agency shall enforce a protection	448
order issued pursuant to this section by any court in this state	449
in accordance with the provisions of the order, including removing	450
the respondent from the premises, if appropriate.	451

(G) Any proceeding under this section shall be conducted in	452
accordance with the Rules of Civil Procedure, except that a	453
protection order may be obtained under this section with or	454
without bond. An order issued under this section, other than an	455
ex parte order, that grants a protection order, or that refuses to	456
grant a protection order, is a final, appealable order. The	457
remedies and procedures provided in this section are in addition	458
to, and not in lieu of, any other available civil or criminal	459
remedies.	460

(H) The filing of proceedings under this section does not	461
excuse a person from filing any report or giving any notice	462
required by section 2151.421 of the Revised Code or by any other	463
law.	464

(I) Any law enforcement agency that investigates an alleged	465
violation of section 2903.211 of the Revised Code or an alleged	466
commission of a sexually oriented offense shall provide	467
information to the victim and the family or household members of	468
the victim regarding the relief available under this section and	469
section 2903.213 of the Revised Code.	470

(J) Notwithstanding any provision of law to the contrary and	471
regardless of whether a protection order is issued or a consent	472
agreement is approved by a court of another county or by a court	473
of another state, no court or unit of state or local government	474
shall charge any fee, cost, deposit, or money in connection with	475
the filing of a petition pursuant to this section, in connection	476
with the filing, issuance, registration, or service of a	477
protection order or consent agreement, or for obtaining a	478
certified copy of a protection order or consent agreement.	479

(K)(1) A person who violates a protection order issued under	480
this section is subject to the following sanctions:	481

(a) Criminal prosecution for a violation of section 2919.27	482
of the Revised Code, if the violation of the protection order	483
constitutes a violation of that section;	484

(b) Punishment for contempt of court.

485

(2) The punishment of a person for contempt of court for	486
violation of a protection order issued under this section does not	487
bar criminal prosecution of the person or a delinquent child	488
proceeding concerning the person for a violation of section	489
2919.27 of the Revised Code. However, a person punished for	490
contempt of court is entitled to credit for the punishment imposed	491
upon conviction of a violation of that section, and a person	492
convicted of a violation of that section shall not subsequently be	493
punished for contempt of court arising out of the same activity.	494

(L) In all stages of a proceeding under this section, a	495
petitioner may be accompanied by a victim advocate.	496

(M)(1) A petitioner who obtains a protection order under this	497
section or a protection order under section 2903.213 of the	498
Revised Code may provide notice of the issuance or approval of the	499
order to the judicial and law enforcement officials in any county	500
other than the county in which the order is issued by registering	501
that order in the other county pursuant to division (M)(2) of this	502
section and filing a copy of the registered order with a law	503
enforcement agency in the other county in accordance with that	504
division. A person who obtains a protection order issued by a	505
court of another state may provide notice of the issuance of the	506
order to the judicial and law enforcement officials in any county	507
of this state by registering the order in that county pursuant to	508
section 2919.272 of the Revised Code and filing a copy of the	509
registered order with a law enforcement agency in that county.	510

(2) A petitioner may register a protection order issued	511
pursuant to this section or section 2903.213 of the Revised Code	512
in a county other than the county in which the court that issued	513
the order is located in the following manner:	514

(a) The petitioner shall obtain a certified copy of the order	515
from the clerk of the court that issued the order and present that	516
certified copy to the clerk of the court of common pleas or the	517
clerk of a municipal court or county court in the county in which	518
the order is to be registered.	519

(b) Upon accepting the certified copy of the order for	520
registration, the clerk of the court of common pleas, municipal	521
court, or county court shall place an endorsement of registration	522
on the order and give the petitioner a copy of the order that	523
bears that proof of registration.	524

(3) The clerk of each court of common pleas, municipal court,	525
or county court shall maintain a registry of certified copies of	526
protection orders that have been issued by courts in other	527
counties pursuant to this section or section 2903.213 of the	528
Revised Code and that have been registered with the clerk.	529

Sec. 2919.25.  (A) No person shall knowingly cause or attempt	530
to cause physical harm to a family or household member.	531

(B) No person shall recklessly cause serious physical harm to	532
a family or household member.	533

(C) No person, by threat of force, shall knowingly cause a	534
family or household member to believe that the offender will cause	535
imminent physical harm to the family or household member.	536

(D)(1) Whoever violates this section is guilty of domestic	537
violence.	538

(2) Except as otherwise provided in division (D)(3) or (4) of	539
this section, a violation of division (C) of this section is a	540
misdemeanor of the fourth degree, and a violation of division (A)	541
or (B) of this section is a misdemeanor of the first degree.	542

(3) Except as otherwise provided in division (D)(4) of this	543
section, if the offender previously has pleaded guilty to or been	544
convicted of domestic violence, a violation of an existing or	545
former municipal ordinance or law of this or any other state or	546
the United States that is substantially similar to domestic	547
violence, a violation of section 2903.14, 2909.06, 2909.07,	548
2911.12, 2911.211, or 2919.22 of the Revised Code if the victim of	549
the violation was a family or household member at the time of the	550
violation, a violation of an existing or former municipal	551
ordinance or law of this or any other state or the United States	552
that is substantially similar to any of those sections if the	553
victim of the violation was a family or household member at the	554
time of the commission of the violation, or any offense of	555
violence if the victim of the offense was a family or household	556
member at the time of the commission of the offense, a violation	557
of division (A) or (B) of this section is a felony of the fourth	558
degree, and a violation of division (C) of this section is a	559
misdemeanor of the second degree.	560

(4) If the offender previously has pleaded guilty to or been	561
convicted of two or more offenses of domestic violence or two or	562
more violations or offenses of the type described in division	563
(D)(3) of this section involving a person who was a family or	564
household member at the time of the violations or offenses, a	565
violation of division (A) or (B) of this section is a felony of	566
the third degree, and a violation of division (C) of this section	567
is a misdemeanor of the first degree.	568

(E) Notwithstanding any provision of law to the contrary, no	569
court or unit of state or local government shall charge any fee,	570
cost, deposit, or money in connection with the filing of charges	571
against a person alleging that the person violated this section or	572
a municipal ordinance substantially similar to this section or in	573
connection with the prosecution of any charges so filed.	574

(F) As used in this section and sections 2919.251 and 2919.26	575
of the Revised Code:	576

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

577

(a) Any of the following who is residing or has resided with	578
the offender:	579

(i) A spouse, a person living as a spouse, or a former spouse	580
of the offender;	581

(ii) A parent, foster parent, or a child of the offender, or	582
another person related by consanguinity or affinity to the	583
offender;	584

(iii) A parent or a child of a spouse, person living as a	585
spouse, or former spouse of the offender, or another person	586
related by consanguinity or affinity to a spouse, person living as	587
a spouse, or former spouse of the offender.	588

(b) The natural parent of any child of whom the offender is	589
the other natural parent or is the putative other natural parent.	590

(2) "Person living as a spouse" means a person who is living	591
or has lived with the offender in a common law marital	592
relationship, who otherwise is cohabiting with the offender, or	593
who otherwise has cohabited with the offender within five years	594
prior to the date of the alleged commission of the act in	595
question.	596

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

597

(1) "Domestic violence" means the occurrence of one or more	598
of the following acts against a family or household member:	599

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

600

(b) Placing another person by the threat of force in fear of	601
imminent serious physical harm or committing a violation of	602
section 2903.211 or 2911.211 of the Revised Code;	603

(c) Committing any act with respect to a child that would	604
result in the child being an abused child, as defined in section	605
2151.031 of the Revised Code;	606

(d) Committing a sexually oriented offense.

607

(2) "Court" means the domestic relations division of the	608
court of common pleas in counties that have a domestic relations	609
division, and the court of common pleas in counties that do not	610
have a domestic relations division or the juvenile division of the	611
court of common pleas of the county in which the person to be	612
protected resides if the respondent is less than eighteen years	613
of age.	614

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

615

(a) Any of the following who is residing with or has resided	616
with the respondent:	617

(i) A spouse, a person living as a spouse, or a former spouse	618
of the respondent;	619

(ii) A parent, foster parent, or a child of the respondent,	620
or another person related by consanguinity or affinity to the	621
respondent;	622

(iii) A parent or a child of a spouse, person living as a	623
spouse, or former spouse of the respondent, or another person	624
related by consanguinity or affinity to a spouse, person living as	625
a spouse, or former spouse of the respondent.	626

(b) The natural parent of any child of whom the respondent is	627
the other natural parent or is the putative other natural parent.	628

(4) "Person living as a spouse" means a person who is living	629
or has lived with the respondent in a common law marital	630
relationship, who otherwise is cohabiting with the respondent, or	631
who otherwise has cohabited with the respondent within five years	632
prior to the date of the alleged occurrence of the act in	633
question.	634

(5) "Victim advocate" means a person who provides support and	635
assistance for a person who files a petition under this section.	636

(6) "Sexually oriented offense" has the same meaning as in	637
section 2950.01 of the Revised Code.	638

(B) The court has jurisdiction over all proceedings under	639
this section. The petitioner's right to relief under this section	640
is not affected by the petitioner's leaving the residence or	641
household to avoid further domestic violence.	642

(C) A person may seek relief under this section on the	643
person's own behalf, or any parent or adult household member may	644
seek relief under this section on behalf of any other family or	645
household member, by filing a petition with the court. The	646
petition shall contain or state:	647

(1) An allegation that the respondent engaged in domestic	648
violence against a family or household member of the respondent,	649
including a description of the nature and extent of the domestic	650
violence;	651

(2) The relationship of the respondent to the petitioner, and	652
to the victim if other than the petitioner;	653

(3) A request for relief under this section.

654

(D)(1) If a person who files a petition pursuant to this	655
section requests an ex parte order, the court shall hold an ex	656
parte hearing on the same day that the petition is filed. The	657
court, for good cause shown at the ex parte hearing, may enter any	658
temporary orders, with or without bond, including, but not limited	659
to, an order described in division (E)(1)(a), (b), or (c) of this	660
section, that the court finds necessary to protect the family or	661
household member from domestic violence. Immediate and present	662
danger of domestic violence to the family or household member	663
constitutes good cause for purposes of this section. Immediate and	664
present danger includes, but is not limited to, situations in	665
which the respondent has threatened the family or household member	666
with bodily harm, in which the respondent has threatened the	667
family or household member with a sexually oriented offense, or in	668
which the respondent previously has been convicted of or pleaded	669
guilty to an offense that constitutes domestic violence against	670
the family or household member.	671

(2)(a) If the court, after an ex parte hearing, issues an	672
order described in division (E)(1)(b) or (c) of this section, the	673
court shall schedule a full hearing for a date that is within	674
seven court days after the ex parte hearing. If any other type of	675
protection order that is authorized under division (E) of this	676
section is issued by the court after an ex parte hearing, the	677
court shall schedule a full hearing for a date that is within ten	678
court days after the ex parte hearing. The court shall give the	679
respondent notice of, and an opportunity to be heard at, the full	680
hearing. The court shall hold the full hearing on the date	681
scheduled under this division unless the court grants a	682
continuance of the hearing in accordance with this division. Under	683
any of the following circumstances or for any of the following	684
reasons, the court may grant a continuance of the full hearing to	685
a reasonable time determined by the court:	686

(i) Prior to the date scheduled for the full hearing under	687
this division, the respondent has not been served with the	688
petition filed pursuant to this section and notice of the full	689
hearing.	690

(ii) The parties consent to the continuance.

691

(iii) The continuance is needed to allow a party to obtain	692
counsel.	693

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

694

(b) An ex parte order issued under this section does not	695
expire because of a failure to serve notice of the full hearing	696
upon the respondent before the date set for the full hearing under	697
division (D)(2)(a) of this section or because the court grants a	698
continuance under that division.	699

(3) If a person who files a petition pursuant to this section	700
does not request an ex parte order, or if a person requests an ex	701
parte order but the court does not issue an ex parte order after	702
an ex parte hearing, the court shall proceed as in a normal civil	703
action and grant a full hearing on the matter.	704

(E)(1) After an ex parte or full hearing, the court may grant	705
any protection order, with or without bond, or approve any consent	706
agreement to bring about a cessation of domestic violence against	707
the family or household members. The order or agreement may:	708

(a) Direct the respondent to refrain from abusing or from	709
committing sexually oriented offenses against the family or	710
household members;	711

(b) Grant possession of the residence or household to the	712
petitioner or other family or household member, to the exclusion	713
of the respondent, by evicting the respondent, when the residence	714
or household is owned or leased solely by the petitioner or other	715
family or household member, or by ordering the respondent to	716
vacate the premises, when the residence or household is jointly	717
owned or leased by the respondent, and the petitioner or other	718
family or household member;	719

(c) When the respondent has a duty to support the petitioner	720
or other family or household member living in the residence or	721
household and the respondent is the sole owner or lessee of the	722
residence or household, grant possession of the residence or	723
household to the petitioner or other family or household member,	724
to the exclusion of the respondent, by ordering the respondent to	725
vacate the premises, or, in the case of a consent agreement, allow	726
the respondent to provide suitable, alternative housing;	727

(d) Temporarily allocate parental rights and responsibilities	728
for the care of, or establish temporary parenting time rights with	729
regard to, minor children, if no other court has determined, or is	730
determining, the allocation of parental rights and	731
responsibilities for the minor children or parenting time rights;	732

(e) Require the respondent to maintain support, if the	733
respondent customarily provides for or contributes to the support	734
of the family or household member, or if the respondent has a duty	735
to support the petitioner or family or household member;	736

(f) Require the respondent, petitioner, victim of domestic	737
violence, or any combination of those persons, to seek counseling;	738

(g) Require the respondent to refrain from entering the	739
residence, school, business, or place of employment of the	740
petitioner or family or household member;	741

(h) Grant other relief that the court considers equitable and	742
fair, including, but not limited to, ordering the respondent to	743
permit the use of a motor vehicle by the petitioner or other	744
family or household member and the apportionment of household and	745
family personal property.	746

(2) If a protection order has been issued pursuant to this	747
section in a prior action involving the respondent and the	748
petitioner or one or more of the family or household members or	749
victims, the court may include in a protection order that it	750
issues a prohibition against the respondent returning to the	751
residence or household. If it includes a prohibition against the	752
respondent returning to the residence or household in the order,	753
it also shall include in the order provisions of the type	754
described in division (E)(7) of this section. This division does	755
not preclude the court from including in a protection order or	756
consent agreement, in circumstances other than those described in	757
this division, a requirement that the respondent be evicted from	758
or vacate the residence or household or refrain from entering the	759
residence, school, business, or place of employment of the	760
petitioner or a family or household member, and, if the court	761
includes any requirement of that type in an order or agreement,	762
the court also shall include in the order provisions of the type	763
described in division (E)(7) of this section.	764

(3)(a) Any protection order issued or consent agreement	765
approved under this section shall be valid until a date certain,	766
but not later than five years from the date of its issuance or	767
approval unless modified or terminated as provided in division	768
(E)(8) of this section.	769

(b) Subject to the limitation on the duration of an order or	770
agreement set forth in division (E)(3)(a) of this section, any	771
order under division (E)(1)(d) of this section shall terminate on	772
the date that a court in an action for divorce, dissolution of	773
marriage, or legal separation brought by the petitioner or	774
respondent issues an order allocating parental rights and	775
responsibilities for the care of children or on the date that a	776
juvenile court in an action brought by the petitioner or	777
respondent issues an order awarding legal custody of minor	778
children. Subject to the limitation on the duration of an order or	779
agreement set forth in division (E)(3)(a) of this section, any	780
order under division (E)(1)(e) of this section shall terminate on	781
the date that a court in an action for divorce, dissolution of	782
marriage, or legal separation brought by the petitioner or	783
respondent issues a support order or on the date that a juvenile	784
court in an action brought by the petitioner or respondent issues	785
a support order.	786

(c) Any protection order issued or consent agreement approved	787
pursuant to this section may be renewed in the same manner as the	788
original order or agreement was issued or approved.	789

(4) A court may not issue a protection order that requires a	790
petitioner to do or to refrain from doing an act that the court	791
may require a respondent to do or to refrain from doing under	792
division (E)(1)(a), (b), (c), (d), (e), (g), or (h) of this	793
section unless all of the following apply:	794

(a) The respondent files a separate petition for a protection	795
order in accordance with this section.	796

(b) The petitioner is served notice of the respondent's	797
petition at least forty-eight hours before the court holds a	798
hearing with respect to the respondent's petition, or the	799
petitioner waives the right to receive this notice.	800

(c) If the petitioner has requested an ex parte order	801
pursuant to division (D) of this section, the court does not delay	802
any hearing required by that division beyond the time specified in	803
that division in order to consolidate the hearing with a hearing	804
on the petition filed by the respondent.	805

(d) After a full hearing at which the respondent presents	806
evidence in support of the request for a protection order and the	807
petitioner is afforded an opportunity to defend against that	808
evidence, the court determines that the petitioner has committed	809
an act of domestic violence or has violated a temporary protection	810
order issued pursuant to section 2919.26 of the Revised Code, that	811
both the petitioner and the respondent acted primarily as	812
aggressors, and that neither the petitioner nor the respondent	813
acted primarily in self-defense.	814

(5) No protection order issued or consent agreement approved	815
under this section shall in any manner affect title to any real	816
property.	817

(6)(a) If a petitioner, or the child of a petitioner, who	818
obtains a protection order or consent agreement pursuant to	819
division (E)(1) of this section or a temporary protection order	820
pursuant to section 2919.26 of the Revised Code and is the subject	821
of a parenting time order issued pursuant to section 3109.051 or	822
3109.12 of the Revised Code or a visitation or companionship order	823
issued pursuant to section 3109.051, 3109.11, or 3109.12 of the	824
Revised Code or division (E)(1)(d) of this section granting	825
parenting time rights to the respondent, the court may require the	826
public children services agency of the county in which the court	827
is located to provide supervision of the respondent's exercise of	828
parenting time or visitation or companionship rights with respect	829
to the child for a period not to exceed nine months, if the court	830
makes the following findings of fact:	831

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

832

(ii) No other person or agency is available to provide the	833
supervision.	834

(b) A court that requires an agency to provide supervision	835
pursuant to division (E)(6)(a) of this section shall order the	836
respondent to reimburse the agency for the cost of providing the	837
supervision, if it determines that the respondent has sufficient	838
income or resources to pay that cost.	839

(7)(a) If a protection order issued or consent agreement	840
approved under this section includes a requirement that the	841
respondent be evicted from or vacate the residence or household or	842
refrain from entering the residence, school, business, or place of	843
employment of the petitioner or a family or household member, the	844
order or agreement shall state clearly that the order or agreement	845
cannot be waived or nullified by an invitation to the respondent	846
from the petitioner or other family or household member to enter	847
the residence, school, business, or place of employment or by the	848
respondent's entry into one of those places otherwise upon the	849
consent of the petitioner or other family or household member.	850

(b) Division (E)(7)(a) of this section does not limit any	851
discretion of a court to determine that a respondent charged with	852
a violation of section 2919.27 of the Revised Code, with a	853
violation of a municipal ordinance substantially equivalent to	854
that section, or with contempt of court, which charge is based on	855
an alleged violation of a protection order issued or consent	856
agreement approved under this section, did not commit the	857
violation or was not in contempt of court.	858

(8)(a) The court may modify or terminate as provided in	859
division (E)(8) of this section a protection order or consent	860
agreement that was issued after a full hearing under this section.	861
The court that issued the protection order or approved the consent	862
agreement shall hear a motion for modification or termination of	863
the protection order or consent agreement pursuant to division	864
(E)(8) of this section.	865

(b) Either the petitioner or the respondent of the original	866
protection order or consent agreement may bring a motion for	867
modification or termination of a protection order or consent	868
agreement that was issued or approved after a full hearing. The	869
court shall require notice of the motion to be made as provided by	870
the Rules of Civil Procedure. If the petitioner for the original	871
protection order or consent agreement has requested that the	872
petitioner's address be kept confidential, the court shall not	873
disclose the address to the respondent of the original protection	874
order or consent agreement or any other person, except as	875
otherwise required by law. The moving party has the burden of	876
proof to show, by a preponderance of the evidence, that	877
modification or termination of the protection order or consent	878
agreement is appropriate because either the protection order or	879
consent agreement is no longer needed or because the terms of the	880
original protection order or consent agreement are no longer	881
appropriate.	882

(c) In considering whether to modify or terminate a	883
protection order or consent agreement issued or approved under	884
this section, the court shall consider all relevant factors,	885
including, but not limited to, the following:	886

(i) Whether the petitioner consents to modification or	887
termination of the protection order or consent agreement;	888

(ii) Whether the petitioner fears the respondent;

889

(iii) The current nature of the relationship between the	890
petitioner and the respondent;	891

(iv) The circumstances of the petitioner and respondent,	892
including the relative proximity of the petitioner's and	893
respondent's workplaces and residences and whether the petitioner	894
and respondent have minor children together;	895

(v) Whether the respondent has complied with the terms and	896
conditions of the original protection order or consent agreement;	897

(vi) Whether the respondent has a continuing involvement with	898
illegal drugs or alcohol;	899

(vii) Whether the respondent has been convicted of or pleaded	900
guilty to an offense of violence since the issuance of the	901
protection order or approval of the consent agreement;	902

(viii) Whether any other protection orders, consent	903
agreements, restraining orders, or no contact orders have been	904
issued against the respondent pursuant to this section, section	905
2919.26 of the Revised Code, any other provision of state law, or	906
the law of any other state;	907

(ix) Whether the respondent has participated in any domestic	908
violence treatment, intervention program, or other counseling	909
addressing domestic violence and whether the respondent has	910
completed the treatment, program, or counseling;	911

(x) The time that has elapsed since the protection order was	912
issued or since the consent agreement was approved;	913

(xi) The age and health of the respondent;

914

(xii) When the last incident of abuse, threat of harm, or	915
commission of a sexually oriented offense occurred or other	916
relevant information concerning the safety and protection of the	917
petitioner or other protected parties.	918

(d) If a protection order or consent agreement is modified or	919
terminated as provided in division (E)(8) of this section, the	920
court shall issue copies of the modified or terminated order or	921
agreement as provided in division (F) of this section. A	922
petitioner may also provide notice of the modification or	923
termination to the judicial and law enforcement officials in any	924
county other than the county in which the order or agreement is	925
modified or terminated as provided in division (N) of this	926
section.	927

(e) If the respondent moves for modification or termination	928
of a protection order or consent agreement pursuant to this	929
section, the court may assess costs against the respondent for the	930
filing of the motion.	931

(F)(1) A copy of any protection order, or consent agreement,	932
that is issued, approved, modified, or terminated under this	933
section shall be issued by the court to the petitioner, to the	934
respondent, and to all law enforcement agencies that have	935
jurisdiction to enforce the order or agreement. The court shall	936
direct that a copy of an order be delivered to the respondent on	937
the same day that the order is entered.	938

(2) Upon the issuance of a protection order or the approval	939
of a consent agreement under this section, the court shall provide	940
the parties to the order or agreement with the following notice	941
orally or by form:	942

"NOTICE	943

As a result of this order or consent agreement, it may be	944
unlawful for you to possess or purchase a firearm, including a	945
rifle, pistol, or revolver, or ammunition pursuant to federal law	946
under 18 U.S.C. 922(g)(8). If you have any questions whether this	947
law makes it illegal for you to possess or purchase a firearm or	948
ammunition, you should consult an attorney."	949

(3) All law enforcement agencies shall establish and maintain	950
an index for the protection orders and the approved consent	951
agreements delivered to the agencies pursuant to division (F)(1)	952
of this section. With respect to each order and consent agreement	953
delivered, each agency shall note on the index the date and time	954
that it received the order or consent agreement.	955

(4) Regardless of whether the petitioner has registered the	956
order or agreement in the county in which the officer's agency	957
has jurisdiction pursuant to division (N) of this section, any	958
officer of a law enforcement agency shall enforce a protection	959
order issued or consent agreement approved by any court in this	960
state in accordance with the provisions of the order or agreement,	961
including removing the respondent from the premises, if	962
appropriate.	963

(G) Any proceeding under this section shall be conducted in	964
accordance with the Rules of Civil Procedure, except that an order	965
under this section may be obtained with or without bond. An order	966
issued under this section, other than an ex parte order, that	967
grants a protection order or approves a consent agreement, that	968
refuses to grant a protection order or approve a consent agreement	969
that modifies or terminates a protection order or consent	970
agreement, or that refuses to modify or terminate a protection	971
order or consent agreement, is a final, appealable order. The	972
remedies and procedures provided in this section are in addition	973
to, and not in lieu of, any other available civil or criminal	974
remedies.	975

(H) The filing of proceedings under this section does not	976
excuse a person from filing any report or giving any notice	977
required by section 2151.421 of the Revised Code or by any other	978
law. When a petition under this section alleges domestic violence	979
against minor children, the court shall report the fact, or cause	980
reports to be made, to a county, township, or municipal peace	981
officer under section 2151.421 of the Revised Code.	982

(I) Any law enforcement agency that investigates a domestic	983
dispute shall provide information to the family or household	984
members involved regarding the relief available under this section	985
and section 2919.26 of the Revised Code.	986

(J) Notwithstanding any provision of law to the contrary and	987
regardless of whether a protection order is issued or a consent	988
agreement is approved by a court of another county or a court of	989
another state, no court or unit of state or local government shall	990
charge any fee, cost, deposit, or money in connection with the	991
filing of a petition pursuant to this section or in connection	992
with the filing, issuance, registration, or service of a	993
protection order or consent agreement, or for obtaining a	994
certified copy of a protection order or consent agreement.	995

(K)(1) The court shall comply with Chapters 3119., 3121.,	996
3123., and 3125. of the Revised Code when it makes or modifies an	997
order for child support under this section.	998

(2) If any person required to pay child support under an	999
order made under this section on or after April 15, 1985, or	1000
modified under this section on or after December 31, 1986, is	1001
found in contempt of court for failure to make support payments	1002
under the order, the court that makes the finding, in addition to	1003
any other penalty or remedy imposed, shall assess all court costs	1004
arising out of the contempt proceeding against the person and	1005
require the person to pay any reasonable attorney's fees of any	1006
adverse party, as determined by the court, that arose in relation	1007
to the act of contempt.	1008

(L)(1) A person who violates a protection order issued or a	1009
consent agreement approved under this section is subject to the	1010
following sanctions:	1011

(a) Criminal prosecution for a violation of section 2919.27	1012
of the Revised Code, if the violation of the protection order or	1013
consent agreement constitutes a violation of that section;	1014

(b) Punishment for contempt of court.

1015

(2) The punishment of a person for contempt of court for	1016
violation of a protection order issued or a consent agreement	1017
approved under this section does not bar criminal prosecution of	1018
the person for a violation of section 2919.27 of the Revised Code.	1019
However, a person punished for contempt of court is entitled to	1020
credit for the punishment imposed upon conviction of a violation	1021
of that section, and a person convicted of a violation of that	1022
section shall not subsequently be punished for contempt of court	1023
arising out of the same activity.	1024

(M) In all stages of a proceeding under this section, a	1025
petitioner may be accompanied by a victim advocate.	1026

(N)(1) A petitioner who obtains a protection order or consent	1027
agreement under this section or a temporary protection order under	1028
section 2919.26 of the Revised Code may provide notice of the	1029
issuance or approval of the order or agreement to the judicial and	1030
law enforcement officials in any county other than the county in	1031
which the order is issued or the agreement is approved by	1032
registering that order or agreement in the other county pursuant	1033
to division (N)(2) of this section and filing a copy of the	1034
registered order or registered agreement with a law enforcement	1035
agency in the other county in accordance with that division. A	1036
person who obtains a protection order issued by a court of another	1037
state may provide notice of the issuance of the order to the	1038
judicial and law enforcement officials in any county of this state	1039
by registering the order in that county pursuant to section	1040
2919.272 of the Revised Code and filing a copy of the registered	1041
order with a law enforcement agency in that county.	1042

(2) A petitioner may register a temporary protection order,	1043
protection order, or consent agreement in a county other than the	1044
county in which the court that issued the order or approved the	1045
agreement is located in the following manner:	1046

(a) The petitioner shall obtain a certified copy of the order	1047
or agreement from the clerk of the court that issued the order or	1048
approved the agreement and present that certified copy to the	1049
clerk of the court of common pleas or the clerk of a municipal	1050
court or county court in the county in which the order or	1051
agreement is to be registered.	1052

(b) Upon accepting the certified copy of the order or	1053
agreement for registration, the clerk of the court of common	1054
pleas, municipal court, or county court shall place an endorsement	1055
of registration on the order or agreement and give the petitioner	1056
a copy of the order or agreement that bears that proof of	1057
registration.	1058

(3) The clerk of each court of common pleas, the clerk of	1059
each municipal court, and the clerk of each county court shall	1060
maintain a registry of certified copies of temporary protection	1061
orders, protection orders, or consent agreements that have been	1062
issued or approved by courts in other counties and that have been	1063
registered with the clerk.	1064

(O) Nothing in this section prohibits the domestic relations	1065
division of a court of common pleas in counties that have a	1066
domestic relations division or a court of common pleas in counties	1067
that do not have a domestic relations division from designating a	1068
minor child as a protected party on a protection order.	1069

Sec. 3113.33.  As used in sections 3113.33 to 3113.40 of the	1070
Revised Code:	1071

(A) "Domestic violence" means attempting to cause or causing	1072
bodily injury to a family or household member, or placing a family	1073
or household member by threat of force in fear of imminent	1074
physical harm.	1075

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

1076

(1) Any of the following who is residing or has resided with	1077
the person committing the domestic violence:	1078

(a) A spouse, a person living as a spouse, or a former spouse	1079
of the person committing the domestic violence;	1080

(b) A parent, foster parent, or child of the person	1081
committing the domestic violence, or another person related by	1082
consanguinity or affinity to the person committing the domestic	1083
violence;	1084

(c) A parent or a child of a spouse, person living as a	1085
spouse, or former spouse of the person committing the domestic	1086
violence, or another person related by consanguinity or affinity	1087
to a spouse, person living as a spouse, or former spouse of the	1088
person committing the domestic violence;	1089

(d) The dependents of any person listed in division	1090
(B)(1)(a), (b), or (c) of this section.	1091

(2) The natural parent of any child of whom the person	1092
committing the domestic violence is the other natural parent or is	1093
the putative other natural parent.	1094

(C) "Shelter for victims of domestic violence" or "shelter"	1095
means a facility that provides temporary residential service or	1096
facilities to family or household members who are victims of	1097
domestic violence.	1098

(D) "Person living as a spouse" means a person who is living	1099
or has lived with the person committing the domestic violence in a	1100
common law marital relationship, who otherwise is cohabiting with	1101
the person committing the domestic violence, or who otherwise has	1102
cohabited with the person committing the domestic violence within	1103
five years prior to the date of the alleged occurrence of the act	1104
in question.	1105

Section 2. That existing sections 2151.23, 2903.214, 2919.25,	1106
3113.31, and 3113.33 of the Revised Code are hereby repealed.	1107

Section 3.  Section 2151.23 of the Revised Code is presented	1108
in this act as a composite of the section as amended by both Am.	1109
Sub. H.B. 214 and Am. Sub. S.B. 10 of the 127th General Assembly.	1110
The General Assembly, applying the principle stated in division	1111
(B) of section 1.52 of the Revised Code that amendments are to be	1112
harmonized if reasonably capable of simultaneous operation, finds	1113
that the composite is the resulting version of the section in	1114
effect prior to the effective date of the section as presented in	1115
this act.	1116

Section 4.  Section 3113.33 of the Revised Code is presented	1117
in this act as a composite of the section as amended by both Am.	1118
Sub. H.B. 215 and Am. Sub. S.B. 1 of the 122nd General Assembly.	1119
The General Assembly, applying the principle stated in division	1120
(B) of section 1.52 of the Revised Code that amendments are to be	1121
harmonized if reasonably capable of simultaneous operation, finds	1122
that the composite is the resulting version of the section in	1123
effect prior to the effective date of the section as presented in	1124
this act.	1125