As Passed by the House

128th General Assembly Regular Session 2009-2010

Sub. 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, Book, Mecklenborg, Skindell, Yates, Amstutz, Bacon, Belcher, Blair, Bolon, Boose, Bubp, Carney, Celeste, Coley, Combs, Daniels, DeBose, DeGeeter, Derickson, Dodd, Domenick, Driehaus, Dyer, Evans, Garland, Gerberry, Goyal, Grossman, Hackett, Hagan, Heard, Hottinger, Jones, Koziura, Lehner, Lundy, Mallory, Mandel, McClain, Murray, Oelslager, Okey, Patten, Pryor, Ruhl, Sayre, Sears, Snitchler, Ujvagi, Weddington, Winburn, Yuko, Zehringer 

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A BILL

To amend sections 2151.23, 2151.358, 2903.214,

1

2919.25, 2919.27, 3113.31, and 3113.33 and to

2

enact section 2151.34 of the Revised Code to

3

allow a juvenile court to issue a protection

4

order against a child who is alleged to have

5

committed certain offenses or domestic violence

6

against the person to be protected and to include

7

foster parents under the scope of the domestic

8

violence laws.

9

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

Section 1. That sections 2151.23, 2151.358, 2903.214,	10
2919.25, 2919.27, 3113.31, and 3113.33 be amended and section	11
2151.34 of the Revised Code be enacted to read as follows:	12

Sec. 2151.23.  (A) The juvenile court has exclusive original	13
jurisdiction under the Revised Code as follows:	14

(1) Concerning any child who on or about the date specified	15
in the complaint, indictment, or information is alleged to have	16
violated section 2151.87 of the Revised Code or an order issued	17
under that section or to be a juvenile traffic offender or a	18
delinquent, unruly, abused, neglected, or dependent child and,	19
based on and in relation to the allegation pertaining to the	20
child, concerning the parent, guardian, or other person having	21
care of a child who is alleged to be an unruly or delinquent child	22
for being an habitual or chronic truant;	23

(2) Subject to divisions (G) and (V) of section 2301.03 of	24
the Revised Code, to determine the custody of any child not a ward	25
of another court of this state;	26

(3) To hear and determine any application for a writ of	27
habeas corpus involving the custody of a child;	28

(4) To exercise the powers and jurisdiction given the probate	29
division of the court of common pleas in Chapter 5122. of the	30
Revised Code, if the court has probable cause to believe that a	31
child otherwise within the jurisdiction of the court is a mentally	32
ill person subject to hospitalization by court order, as defined	33
in section 5122.01 of the Revised Code;	34

(5) To hear and determine all criminal cases charging adults	35
with the violation of any section of this chapter;	36

(6) To hear and determine all criminal cases in which an	37
adult is charged with a violation of division (C) of section	38
2919.21, division (B)(1) of section 2919.22, section 2919.222,	39
division (B) of section 2919.23, or section 2919.24 of the Revised	40
Code, provided the charge is not included in an indictment that	41
also charges the alleged adult offender with the commission of a	42
felony arising out of the same actions that are the basis of the	43
alleged violation of division (C) of section 2919.21, division	44
(B)(1) of section 2919.22, section 2919.222, division (B) of	45
section 2919.23, or section 2919.24 of the Revised Code;	46

(7) Under the interstate compact on juveniles in section	47
2151.56 of the Revised Code;	48

(8) Concerning any child who is to be taken into custody	49
pursuant to section 2151.31 of the Revised Code, upon being	50
notified of the intent to take the child into custody and the	51
reasons for taking the child into custody;	52

(9) To hear and determine requests for the extension of	53
temporary custody agreements, and requests for court approval of	54
permanent custody agreements, that are filed pursuant to section	55
5103.15 of the Revised Code;	56

(10) To hear and determine applications for consent to marry	57
pursuant to section 3101.04 of the Revised Code;	58

(11) Subject to divisions (G) and (V) of section 2301.03 of	59
the Revised Code, to hear and determine a request for an order for	60
the support of any child if the request is not ancillary to an	61
action for divorce, dissolution of marriage, annulment, or legal	62
separation, a criminal or civil action involving an allegation of	63
domestic violence, or an action for support brought under Chapter	64
3115. of the Revised Code;	65

(12) Concerning an action commenced under section 121.38 of	66
the Revised Code;	67

(13) To hear and determine violations of section 3321.38 of	68
the Revised Code;	69

(14) To exercise jurisdiction and authority over the parent,	70
guardian, or other person having care of a child alleged to be a	71
delinquent child, unruly child, or juvenile traffic offender,	72
based on and in relation to the allegation pertaining to the	73
child;	74

(15) To conduct the hearings, and to make the determinations,	75
adjudications, and orders authorized or required under sections	76
2152.82 to 2152.86 and Chapter 2950. of the Revised Code regarding	77
a child who has been adjudicated a delinquent child and to refer	78
the duties conferred upon the juvenile court judge under sections	79
2152.82 to 2152.86 and Chapter 2950. of the Revised Code to	80
magistrates appointed by the juvenile court judge in accordance	81
with Juvenile Rule 40;	82

(16) To hear and determine a petition for a protection order	83
against a child under section 2151.34 or 3113.31 of the Revised	84
Code and to enforce a protection order issued or a consent	85
agreement approved under either section against a child until a	86
date certain but not later than the date the child attains	87
eighteen years of age.	88

(B) Except as provided in divisions (G) and (I) of section	89
2301.03 of the Revised Code, the juvenile court has original	90
jurisdiction under the Revised Code:	91

(1) To hear and determine all cases of misdemeanors charging	92
adults with any act or omission with respect to any child, which	93
act or omission is a violation of any state law or any municipal	94
ordinance;	95

(2) To determine the paternity of any child alleged to have	96
been born out of wedlock pursuant to sections 3111.01 to 3111.18	97
of the Revised Code;	98

(3) Under the uniform interstate family support act in	99
Chapter 3115. of the Revised Code;	100

(4) To hear and determine an application for an order for the	101
support of any child, if the child is not a ward of another court	102
of this state;	103

(5) To hear and determine an action commenced under section	104
3111.28 of the Revised Code;	105

(6) To hear and determine a motion filed under section	106
3119.961 of the Revised Code;	107

(7) To receive filings under section 3109.74 of the Revised	108
Code, and to hear and determine actions arising under sections	109
3109.51 to 3109.80 of the Revised Code.	110

(8) To enforce an order for the return of a child made under	111
the Hague Convention on the Civil Aspects of International Child	112
Abduction pursuant to section 3127.32 of the Revised Code;	113

(9) To grant any relief normally available under the laws of	114
this state to enforce a child custody determination made by a	115
court of another state and registered in accordance with section	116
3127.35 of the Revised Code.	117

(C) The juvenile court, except as to juvenile courts that are	118
a separate division of the court of common pleas or a separate and	119
independent juvenile court, has jurisdiction to hear, determine,	120
and make a record of any action for divorce or legal separation	121
that involves the custody or care of children and that is filed in	122
the court of common pleas and certified by the court of common	123
pleas with all the papers filed in the action to the juvenile	124
court for trial, provided that no certification of that nature	125
shall be made to any juvenile court unless the consent of the	126
juvenile judge first is obtained. After a certification of that	127
nature is made and consent is obtained, the juvenile court shall	128
proceed as if the action originally had been begun in that court,	129
except as to awards for spousal support or support due and unpaid	130
at the time of certification, over which the juvenile court has no	131
jurisdiction.	132

(D) The juvenile court, except as provided in divisions (G)	133
and (I) of section 2301.03 of the Revised Code, has jurisdiction	134
to hear and determine all matters as to custody and support of	135
children duly certified by the court of common pleas to the	136
juvenile court after a divorce decree has been granted, including	137
jurisdiction to modify the judgment and decree of the court of	138
common pleas as the same relate to the custody and support of	139
children.	140

(E) The juvenile court, except as provided in divisions (G)	141
and (I) of section 2301.03 of the Revised Code, has jurisdiction	142
to hear and determine the case of any child certified to the court	143
by any court of competent jurisdiction if the child comes within	144
the jurisdiction of the juvenile court as defined by this section.	145

(F)(1) The juvenile court shall exercise its jurisdiction in	146
child custody matters in accordance with sections 3109.04 and	147
3127.01 to 3127.53 of the Revised Code and, as applicable,	148
sections 5103.20 to 5103.22 or 5103.23 to 5103.237 of the Revised	149
Code.	150

(2) The juvenile court shall exercise its jurisdiction in	151
child support matters in accordance with section 3109.05 of the	152
Revised Code.	153

(G) Any juvenile court that makes or modifies an order for	154
child support shall comply with Chapters 3119., 3121., 3123., and	155
3125. of the Revised Code. If any person required to pay child	156
support under an order made by a juvenile court on or after April	157
15, 1985, or modified on or after December 1, 1986, is found in	158
contempt of court for failure to make support payments under the	159
order, the court that makes the finding, in addition to any other	160
penalty or remedy imposed, shall assess all court costs arising	161
out of the contempt proceeding against the person and require the	162
person to pay any reasonable attorney's fees of any adverse party,	163
as determined by the court, that arose in relation to the act of	164
contempt.	165

(H) If a child who is charged with an act that would be an	166
offense if committed by an adult was fourteen years of age or	167
older and under eighteen years of age at the time of the alleged	168
act and if the case is transferred for criminal prosecution	169
pursuant to section 2152.12 of the Revised Code, the juvenile	170
court does not have jurisdiction to hear or determine the case	171
subsequent to the transfer. The court to which the case is	172
transferred for criminal prosecution pursuant to that section has	173
jurisdiction subsequent to the transfer to hear and determine the	174
case in the same manner as if the case originally had been	175
commenced in that court, including, but not limited to,	176
jurisdiction to accept a plea of guilty or another plea authorized	177
by Criminal Rule 11 or another section of the Revised Code and	178
jurisdiction to accept a verdict and to enter a judgment of	179
conviction pursuant to the Rules of Criminal Procedure against the	180
child for the commission of the offense that was the basis of the	181
transfer of the case for criminal prosecution, whether the	182
conviction is for the same degree or a lesser degree of the	183
offense charged, for the commission of a lesser-included offense,	184
or for the commission of another offense that is different from	185
the offense charged.	186

(I) If a person under eighteen years of age allegedly commits	187
an act that would be a felony if committed by an adult and if the	188
person is not taken into custody or apprehended for that act until	189
after the person attains twenty-one years of age, the juvenile	190
court does not have jurisdiction to hear or determine any portion	191
of the case charging the person with committing that act. In those	192
circumstances, divisions (A) and (B) of section 2152.12 of the	193
Revised Code do not apply regarding the act, and the case charging	194
the person with committing the act shall be a criminal prosecution	195
commenced and heard in the appropriate court having jurisdiction	196
of the offense as if the person had been eighteen years of age or	197
older when the person committed the act. All proceedings	198
pertaining to the act shall be within the jurisdiction of the	199
court having jurisdiction of the offense, and that court has all	200
the authority and duties in the case that it has in other criminal	201
cases in that court.	202

(J) In exercising its exclusive original jurisdiction under	203
division (A)(16) of this section with respect to any proceedings	204
brought under section 2151.34 or 3113.31 of the Revised Code in	205
which the respondent is a child, the juvenile court retains all	206
dispositionary powers consistent with existing rules of juvenile	207
procedure and may also exercise its discretion to adjudicate	208
proceedings as provided in sections 2151.34 and 3113.31 of the	209
Revised Code, including the issuance of protection orders or the	210
approval of consent agreements under those sections.	211

Sec. 2151.34.  (A) As used in this section:

212

(1) "Court" means the juvenile division of the court of	213
common pleas of the county in which the person to be protected by	214
the protection order resides.	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) "Petitioner" means a person who files a petition under	222
this section and includes a person on whose behalf a petition	223
under this section is filed.	224

(6) "Respondent" means a person who is under eighteen years	225
of age and against whom a petition is filed under this section.	226

(7) "Sexually oriented offense" has the same meaning as in	227
section 2950.01 of the Revised Code.	228

(8) "Electronic monitoring" has the same meaning as in	229
section 2929.01 of the Revised Code.	230

(B) The court has jurisdiction over all proceedings under	231
this section.	232

(C)(1) Any of the following persons may seek relief under	233
this section by filing a petition with the court:	234

(a) Any person on behalf of that person;

235

(b) Any parent or adult family or household member on behalf	236
of any other family or household member;	237

(c) Any person who is determined by the court in its	238
discretion as an appropriate person to seek relief under this	239
section on behalf of any child.	240

(2) The petition shall contain or state all of the following:

241

(a) An allegation that the respondent engaged in a violation	242
of section 2903.11, 2903.12, 2903.13, 2903.21, 2903.211, 2903.22,	243
or 2911.211 of the Revised Code, committed a sexually oriented	244
offense, or engaged in a violation of any municipal ordinance that	245
is substantially equivalent to any of those offenses against the	246
person to be protected by the protection order, including a	247
description of the nature and extent of the violation;	248

(b) If the petitioner seeks relief in the form of electronic	249
monitoring of the respondent, an allegation that at any time	250
preceding the filing of the petition the respondent engaged in	251
conduct that would cause a reasonable person to believe that the	252
health, welfare, or safety of the person to be protected was at	253
risk, a description of the nature and extent of that conduct, and	254
an allegation that the respondent presents a continuing danger to	255
the person to be protected;	256

(c) A request for relief under this section.

257

(3) The court in its discretion may determine whether or not	258
to give notice that a petition has been filed under division	259
(C)(1) of this section on behalf of a child to any of the	260
following:	261

(a) A parent of the child if the petition was filed by any	262
person other than a parent of the child;	263

(b) Any person who is determined by the court to be an	264
appropriate person to receive notice of the filing of the	265
petition.	266

(D)(1) If a person who files a petition pursuant to this	267
section requests an ex parte order, the court shall hold an ex	268
parte hearing as soon as possible after the petition is filed, but	269
not later than the next day after the court is in session after	270
the petition is filed. The court, for good cause shown at the ex	271
parte hearing, may enter any temporary orders, with or without	272
bond, that the court finds necessary for the safety and	273
protection of the person to be protected by the order. Immediate	274
and present danger to the person to be protected by the	275
protection order constitutes good cause for purposes of this	276
section. Immediate and present danger includes, but is not	277
limited to, situations in which the respondent has threatened the	278
person to be protected by the protection order with bodily harm	279
or in which the respondent previously has been convicted of,	280
pleaded guilty to, or been adjudicated a delinquent child for	281
committing a violation of section 2903.11, 2903.12, 2903.13,	282
2903.21, 2903.211, 2903.22, or 2911.211 of the Revised Code, a	283
sexually oriented offense, or a violation of any municipal	284
ordinance that is substantially equivalent to any of those	285
offenses against the person to be protected by the protection	286
order.	287

(2)(a) If the court, after an ex parte hearing, issues a	288
protection order described in division (E) of this section, the	289
court shall schedule a full hearing for a date that is within ten	290
court days after the ex parte hearing. The court shall give the	291
respondent notice of, and an opportunity to be heard at, the full	292
hearing. The court also shall give notice of the full hearing to	293
the parent, guardian, or legal custodian of the respondent. The	294
court shall hold the full hearing on the date scheduled under this	295
division unless the court grants a continuance of the hearing in	296
accordance with this division. Under any of the following	297
circumstances or for any of the following reasons, the court may	298
grant a continuance of the full hearing to a reasonable time	299
determined by the court:	300

(i) Prior to the date scheduled for the full hearing under	301
this division, the respondent has not been served with the	302
petition filed pursuant to this section and notice of the full	303
hearing.	304

(ii) The parties consent to the continuance.

305

(iii) The continuance is needed to allow a party to obtain	306
counsel.	307

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

308

(b) An ex parte order issued under this section does not	309
expire because of a failure to serve notice of the full hearing	310
upon the respondent before the date set for the full hearing under	311
division (D)(2)(a) of this section or because the court grants a	312
continuance under that division.	313

(3) If a person who files a petition pursuant to this section	314
does not request an ex parte order, or if a person requests an ex	315
parte order but the court does not issue an ex parte order after	316
an ex parte hearing, the court shall proceed as in a normal civil	317
action and grant a full hearing on the matter.	318

(E)(1)(a) After an ex parte or full hearing, the court may	319
issue any protection order, with or without bond, that contains	320
terms designed to ensure the safety and protection of the person	321
to be protected by the protection order.	322

(b) After a full hearing, if the court considering a petition	323
that includes an allegation of the type described in division	324
(C)(2)(b) of this section or the court, upon its own motion, finds	325
upon clear and convincing evidence that the petitioner reasonably	326
believed that the respondent's conduct at any time preceding the	327
filing of the petition endangered the health, welfare, or safety	328
of the person to be protected and that the respondent presents a	329
continuing danger to the person to be protected, the court may	330
order that the respondent be electronically monitored for a period	331
of time and under the terms and conditions that the court	332
determines are appropriate. Electronic monitoring shall be in	333
addition to any other relief granted to the petitioner.	334

(2)(a) Any protection order issued pursuant to this section	335
shall be valid until a date certain but not later than the date	336
the respondent attains eighteen years of age.	337

(b) Any protection order issued pursuant to this section may	338
be renewed in the same manner as the original order was issued.	339

(3) A court may not issue a protection order that requires a	340
petitioner to do or to refrain from doing an act that the court	341
may require a respondent to do or to refrain from doing under	342
division (E)(1) of this section unless all of the following apply:	343

(a) The respondent files a separate petition for a protection	344
order in accordance with this section.	345

(b) The petitioner is served with notice of the respondent's	346
petition at least forty-eight hours before the court holds a	347
hearing with respect to the respondent's petition, or the	348
petitioner waives the right to receive this notice.	349

(c) If the petitioner has requested an ex parte order	350
pursuant to division (D) of this section, the court does not delay	351
any hearing required by that division beyond the time specified in	352
that division in order to consolidate the hearing with a hearing	353
on the petition filed by the respondent.	354

(d) After a full hearing at which the respondent presents	355
evidence in support of the request for a protection order and the	356
petitioner is afforded an opportunity to defend against that	357
evidence, the court determines that the petitioner has committed a	358
violation of section 2903.11, 2903.12, 2903.13, 2903.21, 2903.211,	359
2903.22, or 2911.211 of the Revised Code, a sexually oriented	360
offense, or a violation of any municipal ordinance that is	361
substantially equivalent to any of those offenses against the	362
person to be protected by the protection order issued pursuant to	363
division (E)(3) of this section, or has violated a protection	364
order issued pursuant to this section or section 2903.213 of the	365
Revised Code relative to the person to be protected by the	366
protection order issued pursuant to division (E)(3) of this	367
section.	368

(4) No protection order issued pursuant to this section shall	369
in any manner affect title to any real property.	370

(5)(a) A protection order issued under this section shall	371
clearly state that the person to be protected by the order cannot	372
waive or nullify by invitation or consent any requirement in the	373
order.	374

(b) Division (E)(5)(a) of this section does not limit any	375
discretion of a court to determine that a respondent alleged to	376
have violated section 2919.27 of the Revised Code, violated a	377
municipal ordinance substantially equivalent to that section, or	378
committed contempt of court, which allegation is based on an	379
alleged violation of a protection order issued under this section,	380
did not commit the violation or was not in contempt of court.	381

(6) Any protection order issued pursuant to this section	382
shall include a provision that the court will expunge all of the	383
records of the proceeding in which the order is issued not later	384
than thirty days after the respondent attains the age of eighteen	385
years unless the petitioner provides the court with evidence that	386
the respondent has not complied with all of the terms of the	387
protection order. The protection order shall specify the date when	388
the respondent attains the age of eighteen years.	389

(F)(1) The court shall cause the delivery of a copy of any	390
protection order that is issued under this section to the	391
petitioner, to the respondent, and to all law enforcement agencies	392
that have jurisdiction to enforce the order. The court shall	393
direct that a copy of the order be delivered to the respondent and	394
the parent, guardian, or legal custodian of the respondent on the	395
same day that the order is entered.	396

(2) Upon the issuance of a protection order under this	397
section, the court shall provide the parties to the order with the	398
following notice orally or by form:	399

"NOTICE	400

As a result of this order, it may be unlawful for you to	401
possess or purchase a firearm, including a rifle, pistol, or	402
revolver, or ammunition pursuant to federal law under 18 U.S.C.	403
922(g)(8). If you have any questions whether this law makes it	404
illegal for you to possess or purchase a firearm or ammunition,	405
you should consult an attorney."	406

(3) All law enforcement agencies shall establish and maintain	407
an index for the protection orders delivered to the agencies	408
pursuant to division (F)(1) of this section. With respect to each	409
order delivered, each agency shall note on the index the date and	410
time that it received the order.	411

(4) Regardless of whether the petitioner has registered the	412
protection order in the county in which the officer's agency has	413
jurisdiction pursuant to division (M) of this section, any	414
officer of a law enforcement agency shall enforce a protection	415
order issued pursuant to this section by any court in this state	416
in accordance with the provisions of the order, including removing	417
the respondent from the premises, if appropriate.	418

(G) Any proceeding under this section shall be conducted in	419
accordance with the Rules of Civil Procedure, except that a	420
protection order may be obtained under this section with or	421
without bond. An order issued under this section, other than an	422
ex parte order, that grants a protection order, or that refuses to	423
grant a protection order, is a final, appealable order. The	424
remedies and procedures provided in this section are in addition	425
to, and not in lieu of, any other available civil or criminal	426
remedies or any other available remedies under Chapter 2151. or	427
2152. of the Revised Code.	428

(H) The filing of proceedings under this section does not	429
excuse a person from filing any report or giving any notice	430
required by section 2151.421 of the Revised Code or by any other	431
law.	432

(I) Any law enforcement agency that investigates an alleged	433
violation of section 2903.11, 2903.12, 2903.13, 2903.21, 2903.211,	434
2903.22, or 2911.211 of the Revised Code, an alleged commission	435
of a sexually oriented offense, or an alleged violation of a	436
municipal ordinance that is substantially equivalent to any of	437
those offenses shall provide information to the victim and the	438
family or household members of the victim regarding the relief	439
available under this section.	440

(J) Notwithstanding any provision of law to the contrary and	441
regardless of whether a protection order is issued or a consent	442
agreement is approved by a court of another county or by a court	443
of another state, no court or unit of state or local government	444
shall charge any fee, cost, deposit, or money in connection with	445
the filing of a petition pursuant to this section, in connection	446
with the filing, issuance, registration, or service of a	447
protection order or consent agreement, or for obtaining a	448
certified copy of a protection order or consent agreement.	449

(K)(1) A person who violates a protection order issued under	450
this section is subject to the following sanctions:	451

(a) A delinquent child proceeding or a criminal prosecution	452
for a violation of section 2919.27 of the Revised Code, if the	453
violation of the protection order constitutes a violation of that	454
section;	455

(b) Punishment for contempt of court.

456

(2) The punishment of a person for contempt of court for	457
violation of a protection order issued under this section does not	458
bar criminal prosecution of the person or a delinquent child	459
proceeding concerning the person for a violation of section	460
2919.27 of the Revised Code. However, a person punished for	461
contempt of court is entitled to credit for the punishment imposed	462
upon conviction of or adjudication as a delinquent child for a	463
violation of that section, and a person convicted of or	464
adjudicated a delinquent child for a violation of that section	465
shall not subsequently be punished for contempt of court arising	466
out of the same activity.	467

(L) In all stages of a proceeding under this section, a	468
petitioner may be accompanied by a victim advocate.	469

(M)(1) A petitioner who obtains a protection order under this	470
section may provide notice of the issuance or approval of the	471
order to the judicial and law enforcement officials in any county	472
other than the county in which the order is issued by registering	473
that order in the other county pursuant to division (M)(2) of this	474
section and filing a copy of the registered order with a law	475
enforcement agency in the other county in accordance with that	476
division. A person who obtains a protection order issued by a	477
court of another state may provide notice of the issuance of the	478
order to the judicial and law enforcement officials in any county	479
of this state by registering the order in that county pursuant to	480
section 2919.272 of the Revised Code and filing a copy of the	481
registered order with a law enforcement agency in that county.	482

(2) A petitioner may register a protection order issued	483
pursuant to this section in a county other than the county in	484
which the court that issued the order is located in the following	485
manner:	486

(a) The petitioner shall obtain a certified copy of the order	487
from the clerk of the court that issued the order and present that	488
certified copy to the clerk of the court of common pleas or the	489
clerk of a municipal court or county court in the county in which	490
the order is to be registered.	491

(b) Upon accepting the certified copy of the order for	492
registration, the clerk of the court of common pleas, municipal	493
court, or county court shall place an endorsement of registration	494
on the order and give the petitioner a copy of the order that	495
bears that proof of registration.	496

(3) The clerk of each court of common pleas, municipal court,	497
or county court shall maintain a registry of certified copies of	498
protection orders that have been issued by courts in other	499
counties pursuant to this section and that have been registered	500
with the clerk.	501

(N) If the court orders electronic monitoring of the	502
respondent under this section, the court shall direct the	503
sheriff's office or any other appropriate law enforcement agency	504
to install the electronic monitoring device and to monitor the	505
respondent. Unless the court determines that the respondent is	506
indigent, the court shall order the respondent to pay the cost of	507
the installation and monitoring of the electronic monitoring	508
device. If the court determines that the respondent is indigent,	509
the cost of the installation and monitoring of the electronic	510
monitoring device shall be paid out of funds from the reparations	511
fund created pursuant to section 2743.191 of the Revised Code.	512

(O) The court, in its discretion, may determine if the	513
respondent is entitled to court-appointed counsel in a proceeding	514
under this section.	515

Sec. 2151.358. (A) The juvenile court shall expunge all	516
records sealed under section 2151.356 of the Revised Code five	517
years after the court issues a sealing order or upon the	518
twenty-third birthday of the person who is the subject of the	519
sealing order, whichever date is earlier.	520

(B) Notwithstanding division (A) of this section, upon	521
application by the person who has had a record sealed under	522
section 2151.356 of the Revised Code, the juvenile court may	523
expunge a record sealed under section 2151.356 of the Revised	524
Code. In making the determination whether to expunge records, all	525
of the following apply:	526

(1) The court may require a person filing an application for	527
expungement to submit any relevant documentation to support the	528
application.	529

(2) The court may cause an investigation to be made to	530
determine if the person who is the subject of the proceedings has	531
been rehabilitated to a satisfactory degree.	532

(3) The court shall promptly notify the prosecuting attorney	533
of any proceedings to expunge records.	534

(4)(a) The prosecuting attorney may file a response with the	535
court within thirty days of receiving notice of the expungement	536
proceedings.	537

(b) If the prosecuting attorney does not file a response with	538
the court or if the prosecuting attorney files a response but	539
indicates that the prosecuting attorney does not object to the	540
expungement of the records, the court may order the records of the	541
person that are under consideration to be expunged without	542
conducting a hearing on the application. If the court decides in	543
its discretion to conduct a hearing on the application, the court	544
shall conduct the hearing within thirty days after making that	545
decision and shall give notice, by regular mail, of the date,	546
time, and location of the hearing to the prosecuting attorney and	547
to the person who is the subject of the records under	548
consideration.	549

(c) If the prosecuting attorney files a response with the	550
court that indicates that the prosecuting attorney objects to the	551
expungement of the records, the court shall conduct a hearing on	552
the application within thirty days after the court receives the	553
response. The court shall give notice, by regular mail, of the	554
date, time, and location of the hearing to the prosecuting	555
attorney and to the person who is the subject of the records under	556
consideration.	557

(5) After conducting a hearing in accordance with division	558
(B)(4) of this section or after due consideration when a hearing	559
is not conducted, the court may order the records of the person	560
that are the subject of the application to be expunged if it finds	561
that the person has been rehabilitated to a satisfactory degree.	562
In determining whether the person has been rehabilitated to a	563
satisfactory degree, the court may consider all of the following:	564

(a) The age of the person;

565

(b) The nature of the case;

566

(c) The cessation or continuation of delinquent, unruly, or	567
criminal behavior;	568

(d) The education and employment history of the person;

569

(e) Any other circumstances that may relate to the	570
rehabilitation of the person who is the subject of the records	571
under consideration.	572

(C) If the juvenile court is notified by any party in a civil	573
action that a civil action has been filed based on a case the	574
records for which are the subject of a sealing order, the juvenile	575
court shall not expunge a record sealed under section 2151.356 of	576
the Revised Code until the civil action has been resolved and is	577
not subject to further appellate review, at which time the records	578
shall be expunged pursuant to division (A) of this section.	579

(D)(1) A juvenile court that issues a protection order or	580
approves a consent agreement under section 2151.34 or 3113.31 of	581
the Revised Code shall expunge all of the records of the	582
proceeding in which the order was issued or agreement approved not	583
later than thirty days after the person against whom the	584
protection order was issued or the consent agreement approved	585
attains the age of eighteen years if the court determines that the	586
person has complied with all of the terms of the protection order	587
or consent agreement.	588

(2) In a proceeding under section 2151.34 of the Revised	589
Code, if the juvenile court does not issue any protection order	590
under division (E) of that section, the court shall expunge all of	591
the records in that proceeding. In a proceeding under section	592
3113.31 of the Revised Code, if the juvenile court does not issue	593
any protection order or approve any consent agreement under	594
division (E) of that section, the court shall expunge all of the	595
records in that proceeding.	596

(E) After the records have been expunged under this section,	597
the person who is the subject of the expunged records properly	598
may, and the court shall, reply that no record exists with respect	599
to the person upon any inquiry in the matter.	600

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

601

(1) "Court" means the court of common pleas of the county in	602
which the person to be protected by the protection order resides.	603

(2) "Victim advocate" means a person who provides support and	604
assistance for a person who files a petition under this section.	605

(3) "Family or household member" has the same meaning as in	606
section 3113.31 of the Revised Code.	607

(4) "Protection order issued by a court of another state" has	608
the same meaning as in section 2919.27 of the Revised Code.	609

(5) "Sexually oriented offense" has the same meaning as in	610
section 2950.01 of the Revised Code.	611

(6) "Electronic monitoring" has the same meaning as in	612
section 2929.01 of the Revised Code.	613

(B) The court has jurisdiction over all proceedings under	614
this section.	615

(C) A person may seek relief under this section for the	616
person, or any parent or adult household member may seek relief	617
under this section on behalf of any other family or household	618
member, by filing a petition with the court. The petition shall	619
contain or state all of the following:	620

(1) An allegation that the respondent is eighteen years of	621
age or older and engaged in a violation of section 2903.211 of the	622
Revised Code against the person to be protected by the protection	623
order or committed a sexually oriented offense against the person	624
to be protected by the protection order, including a description	625
of the nature and extent of the violation;	626

(2) If the petitioner seeks relief in the form of electronic	627
monitoring of the respondent, an allegation that at any time	628
preceding the filing of the petition the respondent engaged in	629
conduct that would cause a reasonable person to believe that the	630
health, welfare, or safety of the person to be protected was at	631
risk, a description of the nature and extent of that conduct, and	632
an allegation that the respondent presents a continuing danger to	633
the person to be protected;	634

(3) A request for relief under this section.

635

(D)(1) If a person who files a petition pursuant to this	636
section requests an ex parte order, the court shall hold an ex	637
parte hearing as soon as possible after the petition is filed, but	638
not later than the next day that the court is in session after the	639
petition is filed. The court, for good cause shown at the ex	640
parte hearing, may enter any temporary orders, with or without	641
bond, that the court finds necessary for the safety and protection	642
of the person to be protected by the order. Immediate and present	643
danger to the person to be protected by the protection order	644
constitutes good cause for purposes of this section. Immediate and	645
present danger includes, but is not limited to, situations in	646
which the respondent has threatened the person to be protected by	647
the protection order with bodily harm or in which the respondent	648
previously has been convicted of or pleaded guilty to a violation	649
of section 2903.211 of the Revised Code or a sexually oriented	650
offense against the person to be protected by the protection	651
order.	652

(2)(a) If the court, after an ex parte hearing, issues a	653
protection order described in division (E) of this section, the	654
court shall schedule a full hearing for a date that is within ten	655
court days after the ex parte hearing. The court shall give the	656
respondent notice of, and an opportunity to be heard at, the full	657
hearing. The court shall hold the full hearing on the date	658
scheduled under this division unless the court grants a	659
continuance of the hearing in accordance with this division. Under	660
any of the following circumstances or for any of the following	661
reasons, the court may grant a continuance of the full hearing to	662
a reasonable time determined by the court:	663

(i) Prior to the date scheduled for the full hearing under	664
this division, the respondent has not been served with the	665
petition filed pursuant to this section and notice of the full	666
hearing.	667

(ii) The parties consent to the continuance.

668

(iii) The continuance is needed to allow a party to obtain	669
counsel.	670

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

671

(b) An ex parte order issued under this section does not	672
expire because of a failure to serve notice of the full hearing	673
upon the respondent before the date set for the full hearing under	674
division (D)(2)(a) of this section or because the court grants a	675
continuance under that division.	676

(3) If a person who files a petition pursuant to this section	677
does not request an ex parte order, or if a person requests an ex	678
parte order but the court does not issue an ex parte order after	679
an ex parte hearing, the court shall proceed as in a normal civil	680
action and grant a full hearing on the matter.	681

(E)(1)(a) After an ex parte or full hearing, the court may	682
issue any protection order, with or without bond, that contains	683
terms designed to ensure the safety and protection of the person	684
to be protected by the protection order, including, but not	685
limited to, a requirement that the respondent refrain from	686
entering the residence, school, business, or place of employment	687
of the petitioner or family or household member. If the court	688
includes a requirement that the respondent refrain from entering	689
the residence, school, business, or place of employment of the	690
petitioner or family or household member in the order, it also	691
shall include in the order provisions of the type described in	692
division (E)(5) of this section.	693

(b) After a full hearing, if the court considering a petition	694
that includes an allegation of the type described in division	695
(C)(2) of this section, or the court upon its own motion, finds	696
upon clear and convincing evidence that the petitioner reasonably	697
believed that the respondent's conduct at any time preceding the	698
filing of the petition endangered the health, welfare, or safety	699
of the person to be protected and that the respondent presents a	700
continuing danger to the person to be protected, the court may	701
order that the respondent be electronically monitored for a period	702
of time and under the terms and conditions that the court	703
determines are appropriate. Electronic monitoring shall be in	704
addition to any other relief granted to the petitioner.	705

(2)(a) Any protection order issued pursuant to this section	706
shall be valid until a date certain but not later than five years	707
from the date of its issuance.	708

(b) Any protection order issued pursuant to this section may	709
be renewed in the same manner as the original order was issued.	710

(3) A court may not issue a protection order that requires a	711
petitioner to do or to refrain from doing an act that the court	712
may require a respondent to do or to refrain from doing under	713
division (E)(1) of this section unless all of the following apply:	714

(a) The respondent files a separate petition for a protection	715
order in accordance with this section.	716

(b) The petitioner is served with notice of the respondent's	717
petition at least forty-eight hours before the court holds a	718
hearing with respect to the respondent's petition, or the	719
petitioner waives the right to receive this notice.	720

(c) If the petitioner has requested an ex parte order	721
pursuant to division (D) of this section, the court does not delay	722
any hearing required by that division beyond the time specified in	723
that division in order to consolidate the hearing with a hearing	724
on the petition filed by the respondent.	725

(d) After a full hearing at which the respondent presents	726
evidence in support of the request for a protection order and the	727
petitioner is afforded an opportunity to defend against that	728
evidence, the court determines that the petitioner has committed a	729
violation of section 2903.211 of the Revised Code against the	730
person to be protected by the protection order issued pursuant to	731
division (E)(3) of this section, has committed a sexually oriented	732
offense against the person to be protected by the protection	733
order issued pursuant to division (E)(3) of this section, or has	734
violated a protection order issued pursuant to section 2903.213 of	735
the Revised Code relative to the person to be protected by the	736
protection order issued pursuant to division (E)(3) of this	737
section.	738

(4) No protection order issued pursuant to this section shall	739
in any manner affect title to any real property.	740

(5)(a) If the court issues a protection order under this	741
section that includes a requirement that the alleged offender	742
refrain from entering the residence, school, business, or place of	743
employment of the petitioner or a family or household member, the	744
order shall clearly state that the order cannot be waived or	745
nullified by an invitation to the alleged offender from the	746
complainant to enter the residence, school, business, or place of	747
employment or by the alleged offender's entry into one of those	748
places otherwise upon the consent of the petitioner or family or	749
household member.	750

(b) Division (E)(5)(a) of this section does not limit any	751
discretion of a court to determine that an alleged offender	752
charged with a violation of section 2919.27 of the Revised Code,	753
with a violation of a municipal ordinance substantially equivalent	754
to that section, or with contempt of court, which charge is based	755
on an alleged violation of a protection order issued under this	756
section, did not commit the violation or was not in contempt of	757
court.	758

(F)(1) The court shall cause the delivery of a copy of any	759
protection order that is issued under this section to the	760
petitioner, to the respondent, and to all law enforcement agencies	761
that have jurisdiction to enforce the order. The court shall	762
direct that a copy of the order be delivered to the respondent on	763
the same day that the order is entered.	764

(2) Upon the issuance of a protection order under this	765
section, the court shall provide the parties to the order with the	766
following notice orally or by form:	767

"NOTICE	768

As a result of this order, it may be unlawful for you to	769
possess or purchase a firearm, including a rifle, pistol, or	770
revolver, or ammunition pursuant to federal law under 18 U.S.C.	771
922(g)(8). If you have any questions whether this law makes it	772
illegal for you to possess or purchase a firearm or ammunition,	773
you should consult an attorney."	774

(3) All law enforcement agencies shall establish and maintain	775
an index for the protection orders delivered to the agencies	776
pursuant to division (F)(1) of this section. With respect to each	777
order delivered, each agency shall note on the index the date and	778
time that it received the order.	779

(4) Regardless of whether the petitioner has registered the	780
protection order in the county in which the officer's agency has	781
jurisdiction pursuant to division (M) of this section, any	782
officer of a law enforcement agency shall enforce a protection	783
order issued pursuant to this section by any court in this state	784
in accordance with the provisions of the order, including removing	785
the respondent from the premises, if appropriate.	786

(G) Any proceeding under this section shall be conducted in	787
accordance with the Rules of Civil Procedure, except that a	788
protection order may be obtained under this section with or	789
without bond. An order issued under this section, other than an	790
ex parte order, that grants a protection order, or that refuses to	791
grant a protection order, is a final, appealable order. The	792
remedies and procedures provided in this section are in addition	793
to, and not in lieu of, any other available civil or criminal	794
remedies.	795

(H) The filing of proceedings under this section does not	796
excuse a person from filing any report or giving any notice	797
required by section 2151.421 of the Revised Code or by any other	798
law.	799

(I) Any law enforcement agency that investigates an alleged	800
violation of section 2903.211 of the Revised Code or an alleged	801
commission of a sexually oriented offense shall provide	802
information to the victim and the family or household members of	803
the victim regarding the relief available under this section and	804
section 2903.213 of the Revised Code.	805

(J) Notwithstanding any provision of law to the contrary and	806
regardless of whether a protection order is issued or a consent	807
agreement is approved by a court of another county or by a court	808
of another state, no court or unit of state or local government	809
shall charge any fee, cost, deposit, or money in connection with	810
the filing of a petition pursuant to this section, in connection	811
with the filing, issuance, registration, or service of a	812
protection order or consent agreement, or for obtaining a	813
certified copy of a protection order or consent agreement.	814

(K)(1) A person who violates a protection order issued under	815
this section is subject to the following sanctions:	816

(a) Criminal prosecution for a violation of section 2919.27	817
of the Revised Code, if the violation of the protection order	818
constitutes a violation of that section;	819

(b) Punishment for contempt of court.

820

(2) The punishment of a person for contempt of court for	821
violation of a protection order issued under this section does not	822
bar criminal prosecution of the person for a violation of section	823
2919.27 of the Revised Code. However, a person punished for	824
contempt of court is entitled to credit for the punishment imposed	825
upon conviction of a violation of that section, and a person	826
convicted of a violation of that section shall not subsequently be	827
punished for contempt of court arising out of the same activity.	828

(L) In all stages of a proceeding under this section, a	829
petitioner may be accompanied by a victim advocate.	830

(M)(1) A petitioner who obtains a protection order under this	831
section or a protection order under section 2903.213 of the	832
Revised Code may provide notice of the issuance or approval of the	833
order to the judicial and law enforcement officials in any county	834
other than the county in which the order is issued by registering	835
that order in the other county pursuant to division (M)(2) of this	836
section and filing a copy of the registered order with a law	837
enforcement agency in the other county in accordance with that	838
division. A person who obtains a protection order issued by a	839
court of another state may provide notice of the issuance of the	840
order to the judicial and law enforcement officials in any county	841
of this state by registering the order in that county pursuant to	842
section 2919.272 of the Revised Code and filing a copy of the	843
registered order with a law enforcement agency in that county.	844

(2) A petitioner may register a protection order issued	845
pursuant to this section or section 2903.213 of the Revised Code	846
in a county other than the county in which the court that issued	847
the order is located in the following manner:	848

(a) The petitioner shall obtain a certified copy of the order	849
from the clerk of the court that issued the order and present that	850
certified copy to the clerk of the court of common pleas or the	851
clerk of a municipal court or county court in the county in which	852
the order is to be registered.	853

(b) Upon accepting the certified copy of the order for	854
registration, the clerk of the court of common pleas, municipal	855
court, or county court shall place an endorsement of registration	856
on the order and give the petitioner a copy of the order that	857
bears that proof of registration.	858

(3) The clerk of each court of common pleas, municipal court,	859
or county court shall maintain a registry of certified copies of	860
protection orders that have been issued by courts in other	861
counties pursuant to this section or section 2903.213 of the	862
Revised Code and that have been registered with the clerk.	863

(N) If the court orders electronic monitoring of the	864
respondent under this section, the court shall direct the	865
sheriff's office or any other appropriate law enforcement agency	866
to install the electronic monitoring device and to monitor the	867
respondent. Unless the court determines that the respondent is	868
indigent, the court shall order the respondent to pay the cost of	869
the installation and monitoring of the electronic monitoring	870
device. If the court determines that the respondent is indigent,	871
the cost of the installation and monitoring of the electronic	872
monitoring device shall be paid out of funds from the reparations	873
fund created pursuant to section 2743.191 of the Revised Code.	874

Sec. 2919.25.  (A) No person shall knowingly cause or attempt	875
to cause physical harm to a family or household member.	876

(B) No person shall recklessly cause serious physical harm to	877
a family or household member.	878

(C) No person, by threat of force, shall knowingly cause a	879
family or household member to believe that the offender will cause	880
imminent physical harm to the family or household member.	881

(D)(1) Whoever violates this section is guilty of domestic	882
violence, and the court shall sentence the offender as provided in	883
divisions (D)(2) to (6) of this section.	884

(2) Except as otherwise provided in division (D)(3) to (5)	885
of this section, a violation of division (C) of this section is a	886
misdemeanor of the fourth degree, and a violation of division (A)	887
or (B) of this section is a misdemeanor of the first degree.	888

(3) Except as otherwise provided in division (D)(4) of this	889
section, if the offender previously has pleaded guilty to or been	890
convicted of domestic violence, a violation of an existing or	891
former municipal ordinance or law of this or any other state or	892
the United States that is substantially similar to domestic	893
violence, a violation of section 2903.14, 2909.06, 2909.07,	894
2911.12, 2911.211, or 2919.22 of the Revised Code if the victim of	895
the violation was a family or household member at the time of the	896
violation, a violation of an existing or former municipal	897
ordinance or law of this or any other state or the United States	898
that is substantially similar to any of those sections if the	899
victim of the violation was a family or household member at the	900
time of the commission of the violation, or any offense of	901
violence if the victim of the offense was a family or household	902
member at the time of the commission of the offense, a violation	903
of division (A) or (B) of this section is a felony of the fourth	904
degree, and, if the offender knew that the victim of the violation	905
was pregnant at the time of the violation, the court shall impose	906
a mandatory prison term on the offender pursuant to division	907
(A)(6) of this section, and a violation of division (C) of this	908
section is a misdemeanor of the second degree.	909

(4) If the offender previously has pleaded guilty to or been	910
convicted of two or more offenses of domestic violence or two or	911
more violations or offenses of the type described in division	912
(D)(3) of this section involving a person who was a family or	913
household member at the time of the violations or offenses, a	914
violation of division (A) or (B) of this section is a felony of	915
the third degree, and, if the offender knew that the victim of the	916
violation was pregnant at the time of the violation, the court	917
shall impose a mandatory prison term on the offender pursuant to	918
division (A)(6) of this section, and a violation of division (C)	919
of this section is a misdemeanor of the first degree.	920

(5) Except as otherwise provided in division (D)(3) or (4) of	921
this section, if the offender knew that the victim of the	922
violation was pregnant at the time of the violation, a violation	923
of division (A) or (B) of this section is a felony of the fifth	924
degree, and the court shall impose a mandatory prison term on the	925
offender pursuant to division (A)(6) of this section, and a	926
violation of division (C) of this section is a misdemeanor of the	927
third degree.	928

(6) If division (A)(3), (4), or (5) of this section requires	929
the court that sentences an offender for a violation of division	930
(A) or (B) of this section to impose a mandatory prison term on	931
the offender pursuant to this division, the court shall impose the	932
mandatory prison term as follows:	933

(a) If the violation of division (A) or (B) of this section	934
is a felony of the fourth or fifth degree, except as otherwise	935
provided in division (A)(6)(b) or (c) of this section, the court	936
shall impose a mandatory prison term on the offender of at least	937
six months.	938

(b) If the violation of division (A) or (B) of this section	939
is a felony of the fifth degree and the offender, in committing	940
the violation, caused serious physical harm to the pregnant	941
woman's unborn or caused the termination of the pregnant woman's	942
pregnancy, the court shall impose a mandatory prison term on the	943
offender of twelve months.	944

(c) If the violation of division (A) or (B) of this section	945
is a felony of the fourth degree and the offender, in committing	946
the violation, caused serious physical harm to the pregnant	947
woman's unborn or caused the termination of the pregnant woman's	948
pregnancy, the court shall impose a mandatory prison term on the	949
offender of at least twelve months.	950

(d) If the violation of division (A) or (B) of this section	951
is a felony of the third degree, except as otherwise provided in	952
division (A)(6)(e) of this section and notwithstanding the range	953
of prison terms prescribed in section 2929.14 of the Revised Code	954
for a felony of the third degree, the court shall impose a	955
mandatory prison term on the offender of either a definite term of	956
six months or one of the prison terms prescribed in section	957
2929.14 of the Revised Code for felonies of the third degree.	958

(e) If the violation of division (A) or (B) of this section	959
is a felony of the third degree and the offender, in committing	960
the violation, caused serious physical harm to the pregnant	961
woman's unborn or caused the termination of the pregnant woman's	962
pregnancy, notwithstanding the range of prison terms prescribed	963
in section 2929.14 of the Revised Code for a felony of the third	964
degree, the court shall impose a mandatory prison term on the	965
offender of either a definite term of one year or one of the	966
prison terms prescribed in section 2929.14 of the Revised Code	967
for felonies of the third degree.	968

(E) Notwithstanding any provision of law to the contrary, no	969
court or unit of state or local government shall charge any fee,	970
cost, deposit, or money in connection with the filing of charges	971
against a person alleging that the person violated this section or	972
a municipal ordinance substantially similar to this section or in	973
connection with the prosecution of any charges so filed.	974

(F) As used in this section and sections 2919.251 and 2919.26	975
of the Revised Code:	976

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

977

(a) Any of the following who is residing or has resided with	978
the offender:	979

(i) A spouse, a person living as a spouse, or a former spouse	980
of the offender;	981

(ii) A parent, a foster parent, or a child of the offender,	982
or another person related by consanguinity or affinity to the	983
offender;	984

(iii) A parent or a child of a spouse, person living as a	985
spouse, or former spouse of the offender, or another person	986
related by consanguinity or affinity to a spouse, person living as	987
a spouse, or former spouse of the offender.	988

(b) The natural parent of any child of whom the offender is	989
the other natural parent or is the putative other natural parent.	990

(2) "Person living as a spouse" means a person who is living	991
or has lived with the offender in a common law marital	992
relationship, who otherwise is cohabiting with the offender, or	993
who otherwise has cohabited with the offender within five years	994
prior to the date of the alleged commission of the act in	995
question.	996

(3) "Pregnant woman's unborn" has the same meaning as "such	997
other person's unborn," as set forth in section 2903.09 of the	998
Revised Code, as it relates to the pregnant woman. Division (C) of	999
that section applies regarding the use of the term in this	1000
section, except that the second and third sentences of division	1001
(C)(1) of that section shall be construed for purposes of this	1002
section as if they included a reference to this section in the	1003
listing of Revised Code sections they contain.	1004

(4) "Termination of the pregnant woman's pregnancy" has the	1005
same meaning as "unlawful termination of another's pregnancy," as	1006
set forth in section 2903.09 of the Revised Code, as it relates	1007
to the pregnant woman. Division (C) of that section applies	1008
regarding the use of the term in this section, except that the	1009
second and third sentences of division (C)(1) of that section	1010
shall be construed for purposes of this section as if they	1011
included a reference to this section in the listing of Revised	1012
Code sections they contain.	1013

Sec. 2919.27.  (A) No person shall recklessly violate the	1014
terms of any of the following:	1015

(1) A protection order issued or consent agreement approved	1016
pursuant to section 2919.26 or 3113.31 of the Revised Code;	1017

(2) A protection order issued pursuant to section 2151.34,	1018
2903.213, or 2903.214 of the Revised Code;	1019

(3) A protection order issued by a court of another state.

1020

(B)(1) Whoever violates this section is guilty of violating a	1021
protection order.	1022

(2) Except as otherwise provided in division (B)(3) or (4) of	1023
this section, violating a protection order is a misdemeanor of the	1024
first degree.	1025

(3) If the offender previously has been convicted of or,	1026
pleaded guilty to, or been adjudicated a delinquent child for a	1027
violation of a protection order issued pursuant to section	1028
2151.34, 2903.213, or 2903.214 of the Revised Code, two or more	1029
violations of section 2903.21, 2903.211, 2903.22, or 2911.211 of	1030
the Revised Code that involved the same person who is the subject	1031
of the protection order or consent agreement, or one or more	1032
violations of this section, violating a protection order is a	1033
felony of the fifth degree.	1034

(4) If the offender violates a protection order or consent	1035
agreement while committing a felony offense, violating a	1036
protection order is a felony of the third degree.	1037

(5) If the protection order violated by the offender was an	1038
order issued pursuant to section 2151.34 or 2903.214 of the	1039
Revised Code that required electronic monitoring of the offender	1040
pursuant to that section, the court may require in addition to	1041
any other sentence imposed upon the offender that the offender	1042
be electronically monitored for a period not exceeding five years	1043
by a law enforcement agency designated by the court. If the court	1044
requires under this division that the offender be electronically	1045
monitored, unless the court determines that the offender is	1046
indigent, the court shall order that the offender pay the costs	1047
of the installation of the electronic monitoring device and the	1048
cost of monitoring the electronic monitoring device. If the court	1049
determines that the offender is indigent, the costs of the	1050
installation of the electronic monitoring device and the cost of	1051
monitoring the electronic monitoring device shall be paid out of	1052
funds from the reparations fund created pursuant to section	1053
2743.191 of the Revised Code.	1054

(C) It is an affirmative defense to a charge under division	1055
(A)(3) of this section that the protection order issued by a court	1056
of another state does not comply with the requirements specified	1057
in 18 U.S.C. 2265(b) for a protection order that must be accorded	1058
full faith and credit by a court of this state or that it is not	1059
entitled to full faith and credit under 18 U.S.C. 2265(c).	1060

(D) As used in this section, "protection order issued by a	1061
court of another state" means an injunction or another order	1062
issued by a criminal court of another state for the purpose of	1063
preventing violent or threatening acts or harassment against,	1064
contact or communication with, or physical proximity to another	1065
person, including a temporary order, and means an injunction or	1066
order of that nature issued by a civil court of another state,	1067
including a temporary order and a final order issued in an	1068
independent action or as a pendente lite order in a proceeding for	1069
other relief, if the court issued it in response to a complaint,	1070
petition, or motion filed by or on behalf of a person seeking	1071
protection. "Protection order issued by a court of another state"	1072
does not include an order for support or for custody of a child	1073
issued pursuant to the divorce and child custody laws of another	1074
state, except to the extent that the order for support or for	1075
custody of a child is entitled to full faith and credit under the	1076
laws of the United States.	1077

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

1078

(1) "Domestic violence" means the occurrence of one or more	1079
of the following acts against a family or household member:	1080

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

1081

(b) Placing another person by the threat of force in fear of	1082
imminent serious physical harm or committing a violation of	1083
section 2903.211 or 2911.211 of the Revised Code;	1084

(c) Committing any act with respect to a child that would	1085
result in the child being an abused child, as defined in section	1086
2151.031 of the Revised Code;	1087

(d) Committing a sexually oriented offense.

1088

(2) "Court" means the domestic relations division of the	1089
court of common pleas in counties that have a domestic relations	1090
division, and the court of common pleas in counties that do not	1091
have a domestic relations division, or the juvenile division of	1092
the court of common pleas of the county in which the person to be	1093
protected by a protection order issued or a consent agreement	1094
approved under this section resides if the respondent is less than	1095
eighteen years of age.	1096

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

1097

(a) Any of the following who is residing with or has resided	1098
with the respondent:	1099

(i) A spouse, a person living as a spouse, or a former spouse	1100
of the respondent;	1101

(ii) A parent, a foster parent, or a child of the respondent,	1102
or another person related by consanguinity or affinity to the	1103
respondent;	1104

(iii) A parent or a child of a spouse, person living as a	1105
spouse, or former spouse of the respondent, or another person	1106
related by consanguinity or affinity to a spouse, person living as	1107
a spouse, or former spouse of the respondent.	1108

(b) The natural parent of any child of whom the respondent is	1109
the other natural parent or is the putative other natural parent.	1110

(4) "Person living as a spouse" means a person who is living	1111
or has lived with the respondent in a common law marital	1112
relationship, who otherwise is cohabiting with the respondent, or	1113
who otherwise has cohabited with the respondent within five years	1114
prior to the date of the alleged occurrence of the act in	1115
question.	1116

(5) "Victim advocate" means a person who provides support and	1117
assistance for a person who files a petition under this section.	1118

(6) "Sexually oriented offense" has the same meaning as in	1119
section 2950.01 of the Revised Code.	1120

(B) The court has jurisdiction over all proceedings under	1121
this section. The petitioner's right to relief under this section	1122
is not affected by the petitioner's leaving the residence or	1123
household to avoid further domestic violence.	1124

(C) A person may seek relief under this section on the	1125
person's own behalf, or any parent or adult household member may	1126
seek relief under this section on behalf of any other family or	1127
household member, by filing a petition with the court. The	1128
petition shall contain or state:	1129

(1) An allegation that the respondent engaged in domestic	1130
violence against a family or household member of the respondent,	1131
including a description of the nature and extent of the domestic	1132
violence;	1133

(2) The relationship of the respondent to the petitioner, and	1134
to the victim if other than the petitioner;	1135

(3) A request for relief under this section.

1136

(D)(1) If a person who files a petition pursuant to this	1137
section requests an ex parte order, the court shall hold an ex	1138
parte hearing on the same day that the petition is filed. The	1139
court, for good cause shown at the ex parte hearing, may enter any	1140
temporary orders, with or without bond, including, but not limited	1141
to, an order described in division (E)(1)(a), (b), or (c) of this	1142
section, that the court finds necessary to protect the family or	1143
household member from domestic violence. Immediate and present	1144
danger of domestic violence to the family or household member	1145
constitutes good cause for purposes of this section. Immediate and	1146
present danger includes, but is not limited to, situations in	1147
which the respondent has threatened the family or household member	1148
with bodily harm, in which the respondent has threatened the	1149
family or household member with a sexually oriented offense, or in	1150
which the respondent previously has been convicted of or, pleaded	1151
guilty to, or been adjudicated a delinquent child for an offense	1152
that constitutes domestic violence against the family or	1153
household member.	1154

(2)(a) If the court, after an ex parte hearing, issues an	1155
order described in division (E)(1)(b) or (c) of this section, the	1156
court shall schedule a full hearing for a date that is within	1157
seven court days after the ex parte hearing. If any other type of	1158
protection order that is authorized under division (E) of this	1159
section is issued by the court after an ex parte hearing, the	1160
court shall schedule a full hearing for a date that is within ten	1161
court days after the ex parte hearing. The court shall give the	1162
respondent notice of, and an opportunity to be heard at, the full	1163
hearing. The court shall hold the full hearing on the date	1164
scheduled under this division unless the court grants a	1165
continuance of the hearing in accordance with this division. Under	1166
any of the following circumstances or for any of the following	1167
reasons, the court may grant a continuance of the full hearing to	1168
a reasonable time determined by the court:	1169

(i) Prior to the date scheduled for the full hearing under	1170
this division, the respondent has not been served with the	1171
petition filed pursuant to this section and notice of the full	1172
hearing.	1173

(ii) The parties consent to the continuance.

1174

(iii) The continuance is needed to allow a party to obtain	1175
counsel.	1176

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

1177

(b) An ex parte order issued under this section does not	1178
expire because of a failure to serve notice of the full hearing	1179
upon the respondent before the date set for the full hearing under	1180
division (D)(2)(a) of this section or because the court grants a	1181
continuance under that division.	1182

(3) If a person who files a petition pursuant to this section	1183
does not request an ex parte order, or if a person requests an ex	1184
parte order but the court does not issue an ex parte order after	1185
an ex parte hearing, the court shall proceed as in a normal civil	1186
action and grant a full hearing on the matter.	1187

(E)(1) After an ex parte or full hearing, the court may grant	1188
any protection order, with or without bond, or approve any consent	1189
agreement to bring about a cessation of domestic violence against	1190
the family or household members. The order or agreement may:	1191

(a) Direct the respondent to refrain from abusing or from	1192
committing sexually oriented offenses against the family or	1193
household members;	1194

(b) Grant possession of the residence or household to the	1195
petitioner or other family or household member, to the exclusion	1196
of the respondent, by evicting the respondent, when the residence	1197
or household is owned or leased solely by the petitioner or other	1198
family or household member, or by ordering the respondent to	1199
vacate the premises, when the residence or household is jointly	1200
owned or leased by the respondent, and the petitioner or other	1201
family or household member;	1202

(c) When the respondent has a duty to support the petitioner	1203
or other family or household member living in the residence or	1204
household and the respondent is the sole owner or lessee of the	1205
residence or household, grant possession of the residence or	1206
household to the petitioner or other family or household member,	1207
to the exclusion of the respondent, by ordering the respondent to	1208
vacate the premises, or, in the case of a consent agreement, allow	1209
the respondent to provide suitable, alternative housing;	1210

(d) Temporarily allocate parental rights and responsibilities	1211
for the care of, or establish temporary parenting time rights with	1212
regard to, minor children, if no other court has determined, or is	1213
determining, the allocation of parental rights and	1214
responsibilities for the minor children or parenting time rights;	1215

(e) Require the respondent to maintain support, if the	1216
respondent customarily provides for or contributes to the support	1217
of the family or household member, or if the respondent has a duty	1218
to support the petitioner or family or household member;	1219

(f) Require the respondent, petitioner, victim of domestic	1220
violence, or any combination of those persons, to seek counseling;	1221

(g) Require the respondent to refrain from entering the	1222
residence, school, business, or place of employment of the	1223
petitioner or family or household member;	1224

(h) Grant other relief that the court considers equitable and	1225
fair, including, but not limited to, ordering the respondent to	1226
permit the use of a motor vehicle by the petitioner or other	1227
family or household member and the apportionment of household and	1228
family personal property.	1229

(2) If a protection order has been issued pursuant to this	1230
section in a prior action involving the respondent and the	1231
petitioner or one or more of the family or household members or	1232
victims, the court may include in a protection order that it	1233
issues a prohibition against the respondent returning to the	1234
residence or household. If it includes a prohibition against the	1235
respondent returning to the residence or household in the order,	1236
it also shall include in the order provisions of the type	1237
described in division (E)(7) of this section. This division does	1238
not preclude the court from including in a protection order or	1239
consent agreement, in circumstances other than those described in	1240
this division, a requirement that the respondent be evicted from	1241
or vacate the residence or household or refrain from entering the	1242
residence, school, business, or place of employment of the	1243
petitioner or a family or household member, and, if the court	1244
includes any requirement of that type in an order or agreement,	1245
the court also shall include in the order provisions of the type	1246
described in division (E)(7) of this section.	1247

(3)(a) Any protection order issued or consent agreement	1248
approved under this section shall be valid until a date certain,	1249
but not later than five years from the date of its issuance or	1250
approval, or not later than the date a respondent who is less than	1251
eighteen years of age attains eighteen years of age, unless	1252
modified or terminated as provided in division (E)(8) of this	1253
section.	1254

(b) Subject to the limitation on the duration of an order or	1255
agreement set forth in division (E)(3)(a) of this section, any	1256
order under division (E)(1)(d) of this section shall terminate on	1257
the date that a court in an action for divorce, dissolution of	1258
marriage, or legal separation brought by the petitioner or	1259
respondent issues an order allocating parental rights and	1260
responsibilities for the care of children or on the date that a	1261
juvenile court in an action brought by the petitioner or	1262
respondent issues an order awarding legal custody of minor	1263
children. Subject to the limitation on the duration of an order or	1264
agreement set forth in division (E)(3)(a) of this section, any	1265
order under division (E)(1)(e) of this section shall terminate on	1266
the date that a court in an action for divorce, dissolution of	1267
marriage, or legal separation brought by the petitioner or	1268
respondent issues a support order or on the date that a juvenile	1269
court in an action brought by the petitioner or respondent issues	1270
a support order.	1271

(c) Any protection order issued or consent agreement approved	1272
pursuant to this section may be renewed in the same manner as the	1273
original order or agreement was issued or approved.	1274

(4) A court may not issue a protection order that requires a	1275
petitioner to do or to refrain from doing an act that the court	1276
may require a respondent to do or to refrain from doing under	1277
division (E)(1)(a), (b), (c), (d), (e), (g), or (h) of this	1278
section unless all of the following apply:	1279

(a) The respondent files a separate petition for a protection	1280
order in accordance with this section.	1281

(b) The petitioner is served notice of the respondent's	1282
petition at least forty-eight hours before the court holds a	1283
hearing with respect to the respondent's petition, or the	1284
petitioner waives the right to receive this notice.	1285

(c) If the petitioner has requested an ex parte order	1286
pursuant to division (D) of this section, the court does not delay	1287
any hearing required by that division beyond the time specified in	1288
that division in order to consolidate the hearing with a hearing	1289
on the petition filed by the respondent.	1290

(d) After a full hearing at which the respondent presents	1291
evidence in support of the request for a protection order and the	1292
petitioner is afforded an opportunity to defend against that	1293
evidence, the court determines that the petitioner has committed	1294
an act of domestic violence or has violated a temporary protection	1295
order issued pursuant to section 2919.26 of the Revised Code, that	1296
both the petitioner and the respondent acted primarily as	1297
aggressors, and that neither the petitioner nor the respondent	1298
acted primarily in self-defense.	1299

(5) No protection order issued or consent agreement approved	1300
under this section shall in any manner affect title to any real	1301
property.	1302

(6)(a) If a petitioner, or the child of a petitioner, who	1303
obtains a protection order or consent agreement pursuant to	1304
division (E)(1) of this section or a temporary protection order	1305
pursuant to section 2919.26 of the Revised Code and is the subject	1306
of a parenting time order issued pursuant to section 3109.051 or	1307
3109.12 of the Revised Code or a visitation or companionship order	1308
issued pursuant to section 3109.051, 3109.11, or 3109.12 of the	1309
Revised Code or division (E)(1)(d) of this section granting	1310
parenting time rights to the respondent, the court may require the	1311
public children services agency of the county in which the court	1312
is located to provide supervision of the respondent's exercise of	1313
parenting time or visitation or companionship rights with respect	1314
to the child for a period not to exceed nine months, if the court	1315
makes the following findings of fact:	1316

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

1317

(ii) No other person or agency is available to provide the	1318
supervision.	1319

(b) A court that requires an agency to provide supervision	1320
pursuant to division (E)(6)(a) of this section shall order the	1321
respondent to reimburse the agency for the cost of providing the	1322
supervision, if it determines that the respondent has sufficient	1323
income or resources to pay that cost.	1324

(7)(a) If a protection order issued or consent agreement	1325
approved under this section includes a requirement that the	1326
respondent be evicted from or vacate the residence or household or	1327
refrain from entering the residence, school, business, or place of	1328
employment of the petitioner or a family or household member, the	1329
order or agreement shall state clearly that the order or agreement	1330
cannot be waived or nullified by an invitation to the respondent	1331
from the petitioner or other family or household member to enter	1332
the residence, school, business, or place of employment or by the	1333
respondent's entry into one of those places otherwise upon the	1334
consent of the petitioner or other family or household member.	1335

(b) Division (E)(7)(a) of this section does not limit any	1336
discretion of a court to determine that a respondent charged with	1337
a violation of section 2919.27 of the Revised Code, with a	1338
violation of a municipal ordinance substantially equivalent to	1339
that section, or with contempt of court, which charge is based on	1340
an alleged violation of a protection order issued or consent	1341
agreement approved under this section, did not commit the	1342
violation or was not in contempt of court.	1343

(8)(a) The court may modify or terminate as provided in	1344
division (E)(8) of this section a protection order or consent	1345
agreement that was issued after a full hearing under this section.	1346
The court that issued the protection order or approved the consent	1347
agreement shall hear a motion for modification or termination of	1348
the protection order or consent agreement pursuant to division	1349
(E)(8) of this section.	1350

(b) Either the petitioner or the respondent of the original	1351
protection order or consent agreement may bring a motion for	1352
modification or termination of a protection order or consent	1353
agreement that was issued or approved after a full hearing. The	1354
court shall require notice of the motion to be made as provided by	1355
the Rules of Civil Procedure. If the petitioner for the original	1356
protection order or consent agreement has requested that the	1357
petitioner's address be kept confidential, the court shall not	1358
disclose the address to the respondent of the original protection	1359
order or consent agreement or any other person, except as	1360
otherwise required by law. The moving party has the burden of	1361
proof to show, by a preponderance of the evidence, that	1362
modification or termination of the protection order or consent	1363
agreement is appropriate because either the protection order or	1364
consent agreement is no longer needed or because the terms of the	1365
original protection order or consent agreement are no longer	1366
appropriate.	1367

(c) In considering whether to modify or terminate a	1368
protection order or consent agreement issued or approved under	1369
this section, the court shall consider all relevant factors,	1370
including, but not limited to, the following:	1371

(i) Whether the petitioner consents to modification or	1372
termination of the protection order or consent agreement;	1373

(ii) Whether the petitioner fears the respondent;

1374

(iii) The current nature of the relationship between the	1375
petitioner and the respondent;	1376

(iv) The circumstances of the petitioner and respondent,	1377
including the relative proximity of the petitioner's and	1378
respondent's workplaces and residences and whether the petitioner	1379
and respondent have minor children together;	1380

(v) Whether the respondent has complied with the terms and	1381
conditions of the original protection order or consent agreement;	1382

(vi) Whether the respondent has a continuing involvement with	1383
illegal drugs or alcohol;	1384

(vii) Whether the respondent has been convicted of or,	1385
pleaded guilty to, or been adjudicated a delinquent child for an	1386
offense of violence since the issuance of the protection order or	1387
approval of the consent agreement;	1388

(viii) Whether any other protection orders, consent	1389
agreements, restraining orders, or no contact orders have been	1390
issued against the respondent pursuant to this section, section	1391
2919.26 of the Revised Code, any other provision of state law, or	1392
the law of any other state;	1393

(ix) Whether the respondent has participated in any domestic	1394
violence treatment, intervention program, or other counseling	1395
addressing domestic violence and whether the respondent has	1396
completed the treatment, program, or counseling;	1397

(x) The time that has elapsed since the protection order was	1398
issued or since the consent agreement was approved;	1399

(xi) The age and health of the respondent;

1400

(xii) When the last incident of abuse, threat of harm, or	1401
commission of a sexually oriented offense occurred or other	1402
relevant information concerning the safety and protection of the	1403
petitioner or other protected parties.	1404

(d) If a protection order or consent agreement is modified or	1405
terminated as provided in division (E)(8) of this section, the	1406
court shall issue copies of the modified or terminated order or	1407
agreement as provided in division (F) of this section. A	1408
petitioner may also provide notice of the modification or	1409
termination to the judicial and law enforcement officials in any	1410
county other than the county in which the order or agreement is	1411
modified or terminated as provided in division (N) of this	1412
section.	1413

(e) If the respondent moves for modification or termination	1414
of a protection order or consent agreement pursuant to this	1415
section, the court may assess costs against the respondent for the	1416
filing of the motion.	1417

(9) Any protection order issued or any consent agreement	1418
approved pursuant to this section shall include a provision that	1419
the court will expunge all of the records of the proceeding in	1420
which the order is issued or agreement approved not later than	1421
thirty days after the respondent attains the age of eighteen years	1422
unless the petitioner provides the court with evidence that the	1423
respondent has not complied with all of the terms of the	1424
protection order or consent agreement. The protection order or	1425
consent agreement shall specify the date when the respondent	1426
attains the age of eighteen years.	1427

(F)(1) A copy of any protection order, or consent agreement,	1428
that is issued, approved, modified, or terminated under this	1429
section shall be issued by the court to the petitioner, to the	1430
respondent, and to all law enforcement agencies that have	1431
jurisdiction to enforce the order or agreement. The court shall	1432
direct that a copy of an order be delivered to the respondent on	1433
the same day that the order is entered.	1434

(2) Upon the issuance of a protection order or the approval	1435
of a consent agreement under this section, the court shall provide	1436
the parties to the order or agreement with the following notice	1437
orally or by form:	1438

"NOTICE	1439

As a result of this order or consent agreement, it may be	1440
unlawful for you to possess or purchase a firearm, including a	1441
rifle, pistol, or revolver, or ammunition pursuant to federal law	1442
under 18 U.S.C. 922(g)(8). If you have any questions whether this	1443
law makes it illegal for you to possess or purchase a firearm or	1444
ammunition, you should consult an attorney."	1445

(3) All law enforcement agencies shall establish and maintain	1446
an index for the protection orders and the approved consent	1447
agreements delivered to the agencies pursuant to division (F)(1)	1448
of this section. With respect to each order and consent agreement	1449
delivered, each agency shall note on the index the date and time	1450
that it received the order or consent agreement.	1451

(4) Regardless of whether the petitioner has registered the	1452
order or agreement in the county in which the officer's agency	1453
has jurisdiction pursuant to division (N) of this section, any	1454
officer of a law enforcement agency shall enforce a protection	1455
order issued or consent agreement approved by any court in this	1456
state in accordance with the provisions of the order or agreement,	1457
including removing the respondent from the premises, if	1458
appropriate.	1459

(G) Any proceeding under this section shall be conducted in	1460
accordance with the Rules of Civil Procedure, except that an order	1461
under this section may be obtained with or without bond. An order	1462
issued under this section, other than an ex parte order, that	1463
grants a protection order or approves a consent agreement, that	1464
refuses to grant a protection order or approve a consent agreement	1465
that modifies or terminates a protection order or consent	1466
agreement, or that refuses to modify or terminate a protection	1467
order or consent agreement, is a final, appealable order. The	1468
remedies and procedures provided in this section are in addition	1469
to, and not in lieu of, any other available civil or criminal	1470
remedies.	1471

(H) The filing of proceedings under this section does not	1472
excuse a person from filing any report or giving any notice	1473
required by section 2151.421 of the Revised Code or by any other	1474
law. When a petition under this section alleges domestic violence	1475
against minor children, the court shall report the fact, or cause	1476
reports to be made, to a county, township, or municipal peace	1477
officer under section 2151.421 of the Revised Code.	1478

(I) Any law enforcement agency that investigates a domestic	1479
dispute shall provide information to the family or household	1480
members involved regarding the relief available under this section	1481
and section 2919.26 of the Revised Code.	1482

(J) Notwithstanding any provision of law to the contrary and	1483
regardless of whether a protection order is issued or a consent	1484
agreement is approved by a court of another county or a court of	1485
another state, no court or unit of state or local government shall	1486
charge any fee, cost, deposit, or money in connection with the	1487
filing of a petition pursuant to this section or in connection	1488
with the filing, issuance, registration, or service of a	1489
protection order or consent agreement, or for obtaining a	1490
certified copy of a protection order or consent agreement.	1491

(K)(1) The court shall comply with Chapters 3119., 3121.,	1492
3123., and 3125. of the Revised Code when it makes or modifies an	1493
order for child support under this section.	1494

(2) If any person required to pay child support under an	1495
order made under this section on or after April 15, 1985, or	1496
modified under this section on or after December 31, 1986, is	1497
found in contempt of court for failure to make support payments	1498
under the order, the court that makes the finding, in addition to	1499
any other penalty or remedy imposed, shall assess all court costs	1500
arising out of the contempt proceeding against the person and	1501
require the person to pay any reasonable attorney's fees of any	1502
adverse party, as determined by the court, that arose in relation	1503
to the act of contempt.	1504

(L)(1) A person who violates a protection order issued or a	1505
consent agreement approved under this section is subject to the	1506
following sanctions:	1507

(a) Criminal prosecution or a delinquent child proceeding for	1508
a violation of section 2919.27 of the Revised Code, if the	1509
violation of the protection order or consent agreement constitutes	1510
a violation of that section;	1511

(b) Punishment for contempt of court.

1512

(2) The punishment of a person for contempt of court for	1513
violation of a protection order issued or a consent agreement	1514
approved under this section does not bar criminal prosecution of	1515
the person or a delinquent child proceeding concerning the person	1516
for a violation of section 2919.27 of the Revised Code. However, a	1517
person punished for contempt of court is entitled to credit for	1518
the punishment imposed upon conviction of or adjudication as a	1519
delinquent child for a violation of that section, and a person	1520
convicted of or adjudicated a delinquent child for a violation of	1521
that section shall not subsequently be punished for contempt of	1522
court arising out of the same activity.	1523

(M) In all stages of a proceeding under this section, a	1524
petitioner may be accompanied by a victim advocate.	1525

(N)(1) A petitioner who obtains a protection order or consent	1526
agreement under this section or a temporary protection order under	1527
section 2919.26 of the Revised Code may provide notice of the	1528
issuance or approval of the order or agreement to the judicial and	1529
law enforcement officials in any county other than the county in	1530
which the order is issued or the agreement is approved by	1531
registering that order or agreement in the other county pursuant	1532
to division (N)(2) of this section and filing a copy of the	1533
registered order or registered agreement with a law enforcement	1534
agency in the other county in accordance with that division. A	1535
person who obtains a protection order issued by a court of another	1536
state may provide notice of the issuance of the order to the	1537
judicial and law enforcement officials in any county of this state	1538
by registering the order in that county pursuant to section	1539
2919.272 of the Revised Code and filing a copy of the registered	1540
order with a law enforcement agency in that county.	1541

(2) A petitioner may register a temporary protection order,	1542
protection order, or consent agreement in a county other than the	1543
county in which the court that issued the order or approved the	1544
agreement is located in the following manner:	1545

(a) The petitioner shall obtain a certified copy of the order	1546
or agreement from the clerk of the court that issued the order or	1547
approved the agreement and present that certified copy to the	1548
clerk of the court of common pleas or the clerk of a municipal	1549
court or county court in the county in which the order or	1550
agreement is to be registered.	1551

(b) Upon accepting the certified copy of the order or	1552
agreement for registration, the clerk of the court of common	1553
pleas, municipal court, or county court shall place an endorsement	1554
of registration on the order or agreement and give the petitioner	1555
a copy of the order or agreement that bears that proof of	1556
registration.	1557

(3) The clerk of each court of common pleas, the clerk of	1558
each municipal court, and the clerk of each county court shall	1559
maintain a registry of certified copies of temporary protection	1560
orders, protection orders, or consent agreements that have been	1561
issued or approved by courts in other counties and that have been	1562
registered with the clerk.	1563

(O) Nothing in this section prohibits the domestic relations	1564
division of a court of common pleas in counties that have a	1565
domestic relations division or a court of common pleas in counties	1566
that do not have a domestic relations division from designating a	1567
minor child as a protected party on a protection order or consent	1568
agreement.	1569

Sec. 3113.33.  As used in sections 3113.33 to 3113.40 of the	1570
Revised Code:	1571

(A) "Domestic violence" means attempting to cause or causing	1572
bodily injury to a family or household member, or placing a family	1573
or household member by threat of force in fear of imminent	1574
physical harm.	1575

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

1576

(1) Any of the following who is residing or has resided with	1577
the person committing the domestic violence:	1578

(a) A spouse, a person living as a spouse, or a former spouse	1579
of the person committing the domestic violence;	1580

(b) A parent, foster parent, or child of the person	1581
committing the domestic violence, or another person related by	1582
consanguinity or affinity to the person committing the domestic	1583
violence;	1584

(c) A parent or a child of a spouse, person living as a	1585
spouse, or former spouse of the person committing the domestic	1586
violence, or another person related by consanguinity or affinity	1587
to a spouse, person living as a spouse, or former spouse of the	1588
person committing the domestic violence;	1589

(d) The dependents of any person listed in division	1590
(B)(1)(a), (b), or (c) of this section.	1591

(2) The natural parent of any child of whom the person	1592
committing the domestic violence is the other natural parent or is	1593
the putative other natural parent.	1594

(C) "Shelter for victims of domestic violence" or "shelter"	1595
means a facility that provides temporary residential service or	1596
facilities to family or household members who are victims of	1597
domestic violence.	1598

(D) "Person living as a spouse" means a person who is living	1599
or has lived with the person committing the domestic violence in a	1600
common law marital relationship, who otherwise is cohabiting with	1601
the person committing the domestic violence, or who otherwise has	1602
cohabited with the person committing the domestic violence within	1603
five years prior to the date of the alleged occurrence of the act	1604
in question.	1605

Section 2. That existing sections 2151.23, 2151.358,	1606
2903.214, 2919.25, 2919.27, 3113.31, and 3113.33 of the Revised	1607
Code are hereby repealed.	1608

Section 3.  Section 2151.23 of the Revised Code is presented	1609
in this act as a composite of the section as amended by both Am.	1610
Sub. H.B. 214 and Am. Sub. S.B. 10 of the 127th General Assembly.	1611
Section 3113.33 of the Revised Code is presented in this act as a	1612
composite of the section as amended by both Am. Sub. H.B. 215 and	1613
Am. Sub. S.B. 1 of the 122nd General Assembly. The General	1614
Assembly, applying the principle stated in division (B) of	1615
section 1.52 of the Revised Code that amendments are to be	1616
harmonized if reasonably capable of simultaneous operation, finds	1617
that the composites are the resulting versions of the sections in	1618
effect prior to the effective date of the sections as presented in	1619
this act.	1620