As Passed by the Senate

128th General Assembly
Regular Session
2009-2010
Am. 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 

Senators Schuring, Kearney, Miller, D., Seitz, Cates, Fedor, Gibbs, Gillmor, Hughes, Husted, Jones, Miller, R., Morano, Niehaus, Patton, Sawyer, Schiavoni, Smith, Strahorn, Turner, Wagoner, Widener, Wilson, Harris, Buehrer, Goodman, Schaffer 



A BILL
To amend sections 109.36, 109.57, 2151.23, 2151.358, 1
2152.02, 2301.03, 2743.191, 2903.214, 2913.04, 2
2919.25, 2919.27, 3109.06, 3113.31, and 3113.33 3
and to enact section 2151.34 of the Revised Code 4
to allow a juvenile court to issue a protection 5
order against a child who is alleged to have 6
committed certain offenses or domestic violence 7
against the person to be protected, to include 8
foster parents under the scope of the domestic 9
violence laws, to prohibit the unauthorized use of 10
the Ohio Law Enforcement Gateway, to include 11
courts of appeals within the definition of "state" 12
for the purposes of representation by the attorney 13
general in a civil action brought against a judge 14
that was elected or appointed to a court of 15
appeals or a person employed by a court of 16
appeals, to give the judges of the Butler County 17
Court of Common Pleas concurrent jurisdiction with 18
judges of the Juvenile Division of the Butler 19
County Court of Common Pleas with respect to 20
certain custody and support cases, and to name 21
specified sections amended or enacted by this act 22
the "Shynerra Grant Law."23


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

       Section 1. That sections 109.36, 109.57, 2151.23, 2151.358, 24
2152.02, 2301.03, 2743.191, 2903.214, 2913.04, 2919.25, 2919.27, 25
3109.06, 3113.31, and 3113.33 be amended and section 2151.34 of 26
the Revised Code be enacted to read as follows: 27

       Sec. 109.36.  As used in this section and sections 109.361 to 28
109.366 of the Revised Code:29

       (A)(1) "Officer or employee" means any of the following:30

       (a) A person who, at the time a cause of action against the 31
person arises, is serving in an elected or appointed office or 32
position with the state or is employed by the state.33

       (b) A person that, at the time a cause of action against the 34
person, partnership, or corporation arises, is rendering medical, 35
nursing, dental, podiatric, optometric, physical therapeutic, 36
psychiatric, or psychological services pursuant to a personal 37
services contract or purchased service contract with a department, 38
agency, or institution of the state.39

       (c) A person that, at the time a cause of action against the 40
person, partnership, or corporation arises, is rendering peer 41
review, utilization review, or drug utilization review services in 42
relation to medical, nursing, dental, podiatric, optometric, 43
physical therapeutic, psychiatric, or psychological services 44
pursuant to a personal services contract or purchased service 45
contract with a department, agency, or institution of the state.46

       (d) A person who, at the time a cause of action against the 47
person arises, is rendering medical services to patients in a 48
state institution operated by the department of mental health, is 49
a member of the institution's staff, and is performing the 50
services pursuant to an agreement between the state institution 51
and a board of alcohol, drug addiction, and mental health services 52
described in section 340.021 of the Revised Code.53

       (2) "Officer or employee" does not include any person 54
elected, appointed, or employed by any political subdivision of 55
the state.56

       (B) "State" means the state of Ohio, including but not 57
limited to, the general assembly, the supreme court, courts of 58
appeals, the offices of all elected state officers, and all 59
departments, boards, offices, commissions, agencies, institutions, 60
and other instrumentalities of the state of Ohio. "State" does not 61
include political subdivisions.62

       (C) "Political subdivisions" of the state means municipal 63
corporations, townships, counties, school districts, and all other 64
bodies corporate and politic responsible for governmental 65
activities only in geographical areas smaller than that of the 66
state.67

       (D) "Employer" means the general assembly, the supreme court, 68
courts of appeals, any office of an elected state officer, or any 69
department, board, office, commission, agency, institution, or 70
other instrumentality of the state of Ohio that employs or 71
contracts with an officer or employee or to which an officer or 72
employee is elected or appointed.73

       Sec. 109.57.  (A)(1) The superintendent of the bureau of 74
criminal identification and investigation shall procure from 75
wherever procurable and file for record photographs, pictures, 76
descriptions, fingerprints, measurements, and other information 77
that may be pertinent of all persons who have been convicted of 78
committing within this state a felony, any crime constituting a 79
misdemeanor on the first offense and a felony on subsequent 80
offenses, or any misdemeanor described in division (A)(1)(a), 81
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code, 82
of all children under eighteen years of age who have been 83
adjudicated delinquent children for committing within this state 84
an act that would be a felony or an offense of violence if 85
committed by an adult or who have been convicted of or pleaded 86
guilty to committing within this state a felony or an offense of 87
violence, and of all well-known and habitual criminals. The person 88
in charge of any county, multicounty, municipal, municipal-county, 89
or multicounty-municipal jail or workhouse, community-based 90
correctional facility, halfway house, alternative residential 91
facility, or state correctional institution and the person in 92
charge of any state institution having custody of a person 93
suspected of having committed a felony, any crime constituting a 94
misdemeanor on the first offense and a felony on subsequent 95
offenses, or any misdemeanor described in division (A)(1)(a), 96
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code or 97
having custody of a child under eighteen years of age with respect 98
to whom there is probable cause to believe that the child may have 99
committed an act that would be a felony or an offense of violence 100
if committed by an adult shall furnish such material to the 101
superintendent of the bureau. Fingerprints, photographs, or other 102
descriptive information of a child who is under eighteen years of 103
age, has not been arrested or otherwise taken into custody for 104
committing an act that would be a felony or an offense of violence 105
who is not in any other category of child specified in this 106
division, if committed by an adult, has not been adjudicated a 107
delinquent child for committing an act that would be a felony or 108
an offense of violence if committed by an adult, has not been 109
convicted of or pleaded guilty to committing a felony or an 110
offense of violence, and is not a child with respect to whom there 111
is probable cause to believe that the child may have committed an 112
act that would be a felony or an offense of violence if committed 113
by an adult shall not be procured by the superintendent or 114
furnished by any person in charge of any county, multicounty, 115
municipal, municipal-county, or multicounty-municipal jail or 116
workhouse, community-based correctional facility, halfway house, 117
alternative residential facility, or state correctional 118
institution, except as authorized in section 2151.313 of the 119
Revised Code. 120

       (2) Every clerk of a court of record in this state, other 121
than the supreme court or a court of appeals, shall send to the 122
superintendent of the bureau a weekly report containing a summary 123
of each case involving a felony, involving any crime constituting 124
a misdemeanor on the first offense and a felony on subsequent 125
offenses, involving a misdemeanor described in division (A)(1)(a), 126
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code, 127
or involving an adjudication in a case in which a child under 128
eighteen years of age was alleged to be a delinquent child for 129
committing an act that would be a felony or an offense of violence 130
if committed by an adult. The clerk of the court of common pleas 131
shall include in the report and summary the clerk sends under this 132
division all information described in divisions (A)(2)(a) to (f) 133
of this section regarding a case before the court of appeals that 134
is served by that clerk. The summary shall be written on the 135
standard forms furnished by the superintendent pursuant to 136
division (B) of this section and shall include the following 137
information: 138

       (a) The incident tracking number contained on the standard 139
forms furnished by the superintendent pursuant to division (B) of 140
this section; 141

       (b) The style and number of the case; 142

       (c) The date of arrest, offense, summons, or arraignment; 143

       (d) The date that the person was convicted of or pleaded 144
guilty to the offense, adjudicated a delinquent child for 145
committing the act that would be a felony or an offense of 146
violence if committed by an adult, found not guilty of the 147
offense, or found not to be a delinquent child for committing an 148
act that would be a felony or an offense of violence if committed 149
by an adult, the date of an entry dismissing the charge, an entry 150
declaring a mistrial of the offense in which the person is 151
discharged, an entry finding that the person or child is not 152
competent to stand trial, or an entry of a nolle prosequi, or the 153
date of any other determination that constitutes final resolution 154
of the case; 155

       (e) A statement of the original charge with the section of 156
the Revised Code that was alleged to be violated; 157

       (f) If the person or child was convicted, pleaded guilty, or 158
was adjudicated a delinquent child, the sentence or terms of 159
probation imposed or any other disposition of the offender or the 160
delinquent child. 161

       If the offense involved the disarming of a law enforcement 162
officer or an attempt to disarm a law enforcement officer, the 163
clerk shall clearly state that fact in the summary, and the 164
superintendent shall ensure that a clear statement of that fact is 165
placed in the bureau's records. 166

       (3) The superintendent shall cooperate with and assist 167
sheriffs, chiefs of police, and other law enforcement officers in 168
the establishment of a complete system of criminal identification 169
and in obtaining fingerprints and other means of identification of 170
all persons arrested on a charge of a felony, any crime 171
constituting a misdemeanor on the first offense and a felony on 172
subsequent offenses, or a misdemeanor described in division 173
(A)(1)(a), (A)(8)(a), or (A)(10)(a) of section 109.572 of the 174
Revised Code and of all children under eighteen years of age 175
arrested or otherwise taken into custody for committing an act 176
that would be a felony or an offense of violence if committed by 177
an adult. The superintendent also shall file for record the 178
fingerprint impressions of all persons confined in a county, 179
multicounty, municipal, municipal-county, or multicounty-municipal 180
jail or workhouse, community-based correctional facility, halfway 181
house, alternative residential facility, or state correctional 182
institution for the violation of state laws and of all children 183
under eighteen years of age who are confined in a county, 184
multicounty, municipal, municipal-county, or multicounty-municipal 185
jail or workhouse, community-based correctional facility, halfway 186
house, alternative residential facility, or state correctional 187
institution or in any facility for delinquent children for 188
committing an act that would be a felony or an offense of violence 189
if committed by an adult, and any other information that the 190
superintendent may receive from law enforcement officials of the 191
state and its political subdivisions. 192

       (4) The superintendent shall carry out Chapter 2950. of the 193
Revised Code with respect to the registration of persons who are 194
convicted of or plead guilty to a sexually oriented offense or a 195
child-victim oriented offense and with respect to all other duties 196
imposed on the bureau under that chapter. 197

       (5) The bureau shall perform centralized recordkeeping 198
functions for criminal history records and services in this state 199
for purposes of the national crime prevention and privacy compact 200
set forth in section 109.571 of the Revised Code and is the 201
criminal history record repository as defined in that section for 202
purposes of that compact. The superintendent or the 203
superintendent's designee is the compact officer for purposes of 204
that compact and shall carry out the responsibilities of the 205
compact officer specified in that compact. 206

       (B) The superintendent shall prepare and furnish to every 207
county, multicounty, municipal, municipal-county, or 208
multicounty-municipal jail or workhouse, community-based 209
correctional facility, halfway house, alternative residential 210
facility, or state correctional institution and to every clerk of 211
a court in this state specified in division (A)(2) of this section 212
standard forms for reporting the information required under 213
division (A) of this section. The standard forms that the 214
superintendent prepares pursuant to this division may be in a 215
tangible format, in an electronic format, or in both tangible 216
formats and electronic formats. 217

       (C)(1) The superintendent may operate a center for 218
electronic, automated, or other data processing for the storage 219
and retrieval of information, data, and statistics pertaining to 220
criminals and to children under eighteen years of age who are 221
adjudicated delinquent children for committing an act that would 222
be a felony or an offense of violence if committed by an adult, 223
criminal activity, crime prevention, law enforcement, and criminal 224
justice, and may establish and operate a statewide communications 225
network to be known as the Ohio law enforcement gateway to gather 226
and disseminate information, data, and statistics for the use of 227
law enforcement agencies and for other uses specified in this 228
division. The superintendent may gather, store, retrieve, and 229
disseminate information, data, and statistics that pertain to 230
children who are under eighteen years of age and that are gathered 231
pursuant to sections 109.57 to 109.61 of the Revised Code together 232
with information, data, and statistics that pertain to adults and 233
that are gathered pursuant to those sections. 234

       (2) The superintendent or the superintendent's designee shall 235
gather information of the nature described in division (C)(1) of 236
this section that pertains to the offense and delinquency history 237
of a person who has been convicted of, pleaded guilty to, or been 238
adjudicated a delinquent child for committing a sexually oriented 239
offense or a child-victim oriented offense for inclusion in the 240
state registry of sex offenders and child-victim offenders 241
maintained pursuant to division (A)(1) of section 2950.13 of the 242
Revised Code and in the internet database operated pursuant to 243
division (A)(13) of that section and for possible inclusion in the 244
internet database operated pursuant to division (A)(11) of that 245
section. 246

        (3) In addition to any other authorized use of information, 247
data, and statistics of the nature described in division (C)(1) of 248
this section, the superintendent or the superintendent's designee 249
may provide and exchange the information, data, and statistics 250
pursuant to the national crime prevention and privacy compact as 251
described in division (A)(5) of this section. 252

       (4) The attorney general may adopt rules under Chapter 119. 253
of the Revised Code establishing guidelines for the operation of 254
and participation in the Ohio law enforcement gateway. The rules 255
may include criteria for granting and restricting access to 256
information gathered and disseminated through the Ohio law 257
enforcement gateway. The attorney general may appoint a steering 258
committee to advise the attorney general in the operation of the 259
Ohio law enforcement gateway that is comprised of persons who are 260
representatives of the criminal justice agencies in this state 261
that use the Ohio law enforcement gateway and is chaired by the 262
superintendent or the superintendent's designee.263

       (D)(1) The informationfollowing are not public records under 264
section 149.43 of the Revised Code:265

       (a) Information and materials furnished to the superintendent 266
pursuant to division (A) of this section and information;267

       (b) Information, data, and statistics gathered or 268
disseminated through the Ohio law enforcement gateway pursuant to 269
division (C)(1) of this section;270

       (c) Information and materials furnished to any board or 271
person under division (F) or (G) of this section are not public 272
records under section 149.43 of the Revised Code.273

       (2) The superintendent or the superintendent's designee shall 274
gather and retain information so furnished under division (A) of 275
this section that pertains to the offense and delinquency history 276
of a person who has been convicted of, pleaded guilty to, or been 277
adjudicated a delinquent child for committing a sexually oriented 278
offense or a child-victim oriented offense for the purposes 279
described in division (C)(2) of this section. 280

       (E) The attorney general shall adopt rules, in accordance 281
with Chapter 119. of the Revised Code, setting forth the procedure 282
by which a person may receive or release information gathered by 283
the superintendent pursuant to division (A) of this section. A 284
reasonable fee may be charged for this service. If a temporary 285
employment service submits a request for a determination of 286
whether a person the service plans to refer to an employment 287
position has been convicted of or pleaded guilty to an offense 288
listed in division (A)(1), (3), (4), (5), or (6) of section 289
109.572 of the Revised Code, the request shall be treated as a 290
single request and only one fee shall be charged. 291

       (F)(1) As used in division (F)(2) of this section, "head 292
start agency" means an entity in this state that has been approved 293
to be an agency for purposes of subchapter II of the "Community 294
Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831, 295
as amended. 296

       (2)(a) In addition to or in conjunction with any request that 297
is required to be made under section 109.572, 2151.86, 3301.32, 298
3301.541, 3319.39, 3319.391, 3327.10, 3701.881, 5104.012, 299
5104.013, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised 300
Code or that is made under section 3314.41, 3319.392, or 3326.25 301
of the Revised Code, the board of education of any school 302
district; the director of developmental disabilities; any county 303
board of developmental disabilities; any entity under contract 304
with a county board of developmental disabilities; the chief 305
administrator of any chartered nonpublic school; the chief 306
administrator of any home health agency; the chief administrator 307
of or person operating any child day-care center, type A family 308
day-care home, or type B family day-care home licensed or 309
certified under Chapter 5104. of the Revised Code; the 310
administrator of any type C family day-care home certified 311
pursuant to Section 1 of Sub. H.B. 62 of the 121st general 312
assembly or Section 5 of Am. Sub. S.B. 160 of the 121st general 313
assembly; the chief administrator of any head start agency; the 314
executive director of a public children services agency; a private 315
company described in section 3314.41, 3319.392, or 3326.25 of the 316
Revised Code; or an employer described in division (J)(2) of 317
section 3327.10 of the Revised Code may request that the 318
superintendent of the bureau investigate and determine, with 319
respect to any individual who has applied for employment in any 320
position after October 2, 1989, or any individual wishing to apply 321
for employment with a board of education may request, with regard 322
to the individual, whether the bureau has any information gathered 323
under division (A) of this section that pertains to that 324
individual. On receipt of the request, the superintendent shall 325
determine whether that information exists and, upon request of the 326
person, board, or entity requesting information, also shall 327
request from the federal bureau of investigation any criminal 328
records it has pertaining to that individual. The superintendent 329
or the superintendent's designee also may request criminal history 330
records from other states or the federal government pursuant to 331
the national crime prevention and privacy compact set forth in 332
section 109.571 of the Revised Code. Within thirty days of the 333
date that the superintendent receives a request, the 334
superintendent shall send to the board, entity, or person a report 335
of any information that the superintendent determines exists, 336
including information contained in records that have been sealed 337
under section 2953.32 of the Revised Code, and, within thirty days 338
of its receipt, shall send the board, entity, or person a report 339
of any information received from the federal bureau of 340
investigation, other than information the dissemination of which 341
is prohibited by federal law. 342

       (b) When a board of education is required to receive 343
information under this section as a prerequisite to employment of 344
an individual pursuant to section 3319.39 of the Revised Code, it 345
may accept a certified copy of records that were issued by the 346
bureau of criminal identification and investigation and that are 347
presented by an individual applying for employment with the 348
district in lieu of requesting that information itself. In such a 349
case, the board shall accept the certified copy issued by the 350
bureau in order to make a photocopy of it for that individual's 351
employment application documents and shall return the certified 352
copy to the individual. In a case of that nature, a district only 353
shall accept a certified copy of records of that nature within one 354
year after the date of their issuance by the bureau. 355

       (c) Notwithstanding division (F)(2)(a) of this section, in 356
the case of a request under section 3319.39, 3319.391, or 3327.10 357
of the Revised Code only for criminal records maintained by the 358
federal bureau of investigation, the superintendent shall not 359
determine whether any information gathered under division (A) of 360
this section exists on the person for whom the request is made.361

       (3) The state board of education may request, with respect to 362
any individual who has applied for employment after October 2, 363
1989, in any position with the state board or the department of 364
education, any information that a school district board of 365
education is authorized to request under division (F)(2) of this 366
section, and the superintendent of the bureau shall proceed as if 367
the request has been received from a school district board of 368
education under division (F)(2) of this section. 369

       (4) When the superintendent of the bureau receives a request 370
for information under section 3319.291 of the Revised Code, the 371
superintendent shall proceed as if the request has been received 372
from a school district board of education and shall comply with 373
divisions (F)(2)(a) and (c) of this section. 374

       (5) When a recipient of a classroom reading improvement grant 375
paid under section 3301.86 of the Revised Code requests, with 376
respect to any individual who applies to participate in providing 377
any program or service funded in whole or in part by the grant, 378
the information that a school district board of education is 379
authorized to request under division (F)(2)(a) of this section, 380
the superintendent of the bureau shall proceed as if the request 381
has been received from a school district board of education under 382
division (F)(2)(a) of this section. 383

       (G) In addition to or in conjunction with any request that is 384
required to be made under section 3701.881, 3712.09, 3721.121, or 385
3722.151 of the Revised Code with respect to an individual who has 386
applied for employment in a position that involves providing 387
direct care to an older adult, the chief administrator of a home 388
health agency, hospice care program, home licensed under Chapter 389
3721. of the Revised Code, adult day-care program operated 390
pursuant to rules adopted under section 3721.04 of the Revised 391
Code, or adult care facility may request that the superintendent 392
of the bureau investigate and determine, with respect to any 393
individual who has applied after January 27, 1997, for employment 394
in a position that does not involve providing direct care to an 395
older adult, whether the bureau has any information gathered under 396
division (A) of this section that pertains to that individual. 397

       In addition to or in conjunction with any request that is 398
required to be made under section 173.27 of the Revised Code with 399
respect to an individual who has applied for employment in a 400
position that involves providing ombudsperson services to 401
residents of long-term care facilities or recipients of 402
community-based long-term care services, the state long-term care 403
ombudsperson, ombudsperson's designee, or director of health may 404
request that the superintendent investigate and determine, with 405
respect to any individual who has applied for employment in a 406
position that does not involve providing such ombudsperson 407
services, whether the bureau has any information gathered under 408
division (A) of this section that pertains to that applicant. 409

       In addition to or in conjunction with any request that is 410
required to be made under section 173.394 of the Revised Code with 411
respect to an individual who has applied for employment in a 412
position that involves providing direct care to an individual, the 413
chief administrator of a community-based long-term care agency may 414
request that the superintendent investigate and determine, with 415
respect to any individual who has applied for employment in a 416
position that does not involve providing direct care, whether the 417
bureau has any information gathered under division (A) of this 418
section that pertains to that applicant. 419

       On receipt of a request under this division, the 420
superintendent shall determine whether that information exists 421
and, on request of the individual requesting information, shall 422
also request from the federal bureau of investigation any criminal 423
records it has pertaining to the applicant. The superintendent or 424
the superintendent's designee also may request criminal history 425
records from other states or the federal government pursuant to 426
the national crime prevention and privacy compact set forth in 427
section 109.571 of the Revised Code. Within thirty days of the 428
date a request is received, the superintendent shall send to the 429
requester a report of any information determined to exist, 430
including information contained in records that have been sealed 431
under section 2953.32 of the Revised Code, and, within thirty days 432
of its receipt, shall send the requester a report of any 433
information received from the federal bureau of investigation, 434
other than information the dissemination of which is prohibited by 435
federal law. 436

       (H) Information obtained by a government entity or person 437
under this section is confidential and shall not be released or 438
disseminated. 439

       (I) The superintendent may charge a reasonable fee for 440
providing information or criminal records under division (F)(2) or 441
(G) of this section. 442

       (J) As used in this section, "sexually oriented offense" and 443
"child-victim oriented offense" have the same meanings as in 444
section 2950.01 of the Revised Code. 445

       Sec. 2151.23.  (A) The juvenile court has exclusive original 446
jurisdiction under the Revised Code as follows: 447

       (1) Concerning any child who on or about the date specified 448
in the complaint, indictment, or information is alleged to have 449
violated section 2151.87 of the Revised Code or an order issued 450
under that section or to be a juvenile traffic offender or a 451
delinquent, unruly, abused, neglected, or dependent child and, 452
based on and in relation to the allegation pertaining to the 453
child, concerning the parent, guardian, or other person having 454
care of a child who is alleged to be an unruly or delinquent child 455
for being an habitual or chronic truant; 456

       (2) Subject to divisions (G), (K), and (V) of section 2301.03 457
of the Revised Code, to determine the custody of any child not a 458
ward of another court of this state; 459

       (3) To hear and determine any application for a writ of 460
habeas corpus involving the custody of a child; 461

       (4) To exercise the powers and jurisdiction given the probate 462
division of the court of common pleas in Chapter 5122. of the 463
Revised Code, if the court has probable cause to believe that a 464
child otherwise within the jurisdiction of the court is a mentally 465
ill person subject to hospitalization by court order, as defined 466
in section 5122.01 of the Revised Code; 467

       (5) To hear and determine all criminal cases charging adults 468
with the violation of any section of this chapter; 469

       (6) To hear and determine all criminal cases in which an 470
adult is charged with a violation of division (C) of section 471
2919.21, division (B)(1) of section 2919.22, section 2919.222, 472
division (B) of section 2919.23, or section 2919.24 of the Revised 473
Code, provided the charge is not included in an indictment that 474
also charges the alleged adult offender with the commission of a 475
felony arising out of the same actions that are the basis of the 476
alleged violation of division (C) of section 2919.21, division 477
(B)(1) of section 2919.22, section 2919.222, division (B) of 478
section 2919.23, or section 2919.24 of the Revised Code; 479

       (7) Under the interstate compact on juveniles in section 480
2151.56 of the Revised Code; 481

       (8) Concerning any child who is to be taken into custody 482
pursuant to section 2151.31 of the Revised Code, upon being 483
notified of the intent to take the child into custody and the 484
reasons for taking the child into custody; 485

       (9) To hear and determine requests for the extension of 486
temporary custody agreements, and requests for court approval of 487
permanent custody agreements, that are filed pursuant to section 488
5103.15 of the Revised Code; 489

       (10) To hear and determine applications for consent to marry 490
pursuant to section 3101.04 of the Revised Code; 491

       (11) Subject to divisions (G), (K), and (V) of section 492
2301.03 of the Revised Code, to hear and determine a request for 493
an order for the support of any child if the request is not 494
ancillary to an action for divorce, dissolution of marriage, 495
annulment, or legal separation, a criminal or civil action 496
involving an allegation of domestic violence, or an action for 497
support brought under Chapter 3115. of the Revised Code; 498

       (12) Concerning an action commenced under section 121.38 of 499
the Revised Code; 500

       (13) To hear and determine violations of section 3321.38 of 501
the Revised Code; 502

       (14) To exercise jurisdiction and authority over the parent, 503
guardian, or other person having care of a child alleged to be a 504
delinquent child, unruly child, or juvenile traffic offender, 505
based on and in relation to the allegation pertaining to the 506
child; 507

       (15) To conduct the hearings, and to make the determinations, 508
adjudications, and orders authorized or required under sections 509
2152.82 to 2152.86 and Chapter 2950. of the Revised Code regarding 510
a child who has been adjudicated a delinquent child and to refer 511
the duties conferred upon the juvenile court judge under sections 512
2152.82 to 2152.86 and Chapter 2950. of the Revised Code to 513
magistrates appointed by the juvenile court judge in accordance 514
with Juvenile Rule 40;515

       (16) To hear and determine a petition for a protection order 516
against a child under section 2151.34 or 3113.31 of the Revised 517
Code and to enforce a protection order issued or a consent 518
agreement approved under either section against a child until a 519
date certain but not later than the date the child attains 520
nineteen years of age. 521

       (B) Except as provided in divisions (G) and (I) of section 522
2301.03 of the Revised Code, the juvenile court has original 523
jurisdiction under the Revised Code: 524

       (1) To hear and determine all cases of misdemeanors charging 525
adults with any act or omission with respect to any child, which 526
act or omission is a violation of any state law or any municipal 527
ordinance; 528

       (2) To determine the paternity of any child alleged to have 529
been born out of wedlock pursuant to sections 3111.01 to 3111.18 530
of the Revised Code; 531

       (3) Under the uniform interstate family support act in 532
Chapter 3115. of the Revised Code; 533

       (4) To hear and determine an application for an order for the 534
support of any child, if the child is not a ward of another court 535
of this state; 536

       (5) To hear and determine an action commenced under section 537
3111.28 of the Revised Code; 538

       (6) To hear and determine a motion filed under section 539
3119.961 of the Revised Code; 540

       (7) To receive filings under section 3109.74 of the Revised 541
Code, and to hear and determine actions arising under sections 542
3109.51 to 3109.80 of the Revised Code. 543

        (8) To enforce an order for the return of a child made under 544
the Hague Convention on the Civil Aspects of International Child 545
Abduction pursuant to section 3127.32 of the Revised Code; 546

       (9) To grant any relief normally available under the laws of 547
this state to enforce a child custody determination made by a 548
court of another state and registered in accordance with section 549
3127.35 of the Revised Code. 550

       (C) The juvenile court, except as to juvenile courts that are 551
a separate division of the court of common pleas or a separate and 552
independent juvenile court, has jurisdiction to hear, determine, 553
and make a record of any action for divorce or legal separation 554
that involves the custody or care of children and that is filed in 555
the court of common pleas and certified by the court of common 556
pleas with all the papers filed in the action to the juvenile 557
court for trial, provided that no certification of that nature 558
shall be made to any juvenile court unless the consent of the 559
juvenile judge first is obtained. After a certification of that 560
nature is made and consent is obtained, the juvenile court shall 561
proceed as if the action originally had been begun in that court, 562
except as to awards for spousal support or support due and unpaid 563
at the time of certification, over which the juvenile court has no 564
jurisdiction. 565

       (D) The juvenile court, except as provided in divisions (G) 566
and (I) of section 2301.03 of the Revised Code, has jurisdiction 567
to hear and determine all matters as to custody and support of 568
children duly certified by the court of common pleas to the 569
juvenile court after a divorce decree has been granted, including 570
jurisdiction to modify the judgment and decree of the court of 571
common pleas as the same relate to the custody and support of 572
children. 573

       (E) The juvenile court, except as provided in divisions (G) 574
and (I) of section 2301.03 of the Revised Code, has jurisdiction 575
to hear and determine the case of any child certified to the court 576
by any court of competent jurisdiction if the child comes within 577
the jurisdiction of the juvenile court as defined by this section. 578

       (F)(1) The juvenile court shall exercise its jurisdiction in 579
child custody matters in accordance with sections 3109.04 and 580
3127.01 to 3127.53 of the Revised Code and, as applicable, 581
sections 5103.20 to 5103.22 or 5103.23 to 5103.237 of the Revised 582
Code. 583

       (2) The juvenile court shall exercise its jurisdiction in 584
child support matters in accordance with section 3109.05 of the 585
Revised Code. 586

       (G) Any juvenile court that makes or modifies an order for 587
child support shall comply with Chapters 3119., 3121., 3123., and 588
3125. of the Revised Code. If any person required to pay child 589
support under an order made by a juvenile court on or after April 590
15, 1985, or modified on or after December 1, 1986, is found in 591
contempt of court for failure to make support payments under the 592
order, the court that makes the finding, in addition to any other 593
penalty or remedy imposed, shall assess all court costs arising 594
out of the contempt proceeding against the person and require the 595
person to pay any reasonable attorney's fees of any adverse party, 596
as determined by the court, that arose in relation to the act of 597
contempt. 598

       (H) If a child who is charged with an act that would be an 599
offense if committed by an adult was fourteen years of age or 600
older and under eighteen years of age at the time of the alleged 601
act and if the case is transferred for criminal prosecution 602
pursuant to section 2152.12 of the Revised Code, the juvenile 603
court does not have jurisdiction to hear or determine the case 604
subsequent to the transfer. The court to which the case is 605
transferred for criminal prosecution pursuant to that section has 606
jurisdiction subsequent to the transfer to hear and determine the 607
case in the same manner as if the case originally had been 608
commenced in that court, including, but not limited to, 609
jurisdiction to accept a plea of guilty or another plea authorized 610
by Criminal Rule 11 or another section of the Revised Code and 611
jurisdiction to accept a verdict and to enter a judgment of 612
conviction pursuant to the Rules of Criminal Procedure against the 613
child for the commission of the offense that was the basis of the 614
transfer of the case for criminal prosecution, whether the 615
conviction is for the same degree or a lesser degree of the 616
offense charged, for the commission of a lesser-included offense, 617
or for the commission of another offense that is different from 618
the offense charged. 619

       (I) If a person under eighteen years of age allegedly commits 620
an act that would be a felony if committed by an adult and if the 621
person is not taken into custody or apprehended for that act until 622
after the person attains twenty-one years of age, the juvenile 623
court does not have jurisdiction to hear or determine any portion 624
of the case charging the person with committing that act. In those 625
circumstances, divisions (A) and (B) of section 2152.12 of the 626
Revised Code do not apply regarding the act, and the case charging 627
the person with committing the act shall be a criminal prosecution 628
commenced and heard in the appropriate court having jurisdiction 629
of the offense as if the person had been eighteen years of age or 630
older when the person committed the act. All proceedings 631
pertaining to the act shall be within the jurisdiction of the 632
court having jurisdiction of the offense, and that court has all 633
the authority and duties in the case that it has in other criminal 634
cases in that court. 635

       (J) In exercising its exclusive original jurisdiction under 636
division (A)(16) of this section with respect to any proceedings 637
brought under section 2151.34 or 3113.31 of the Revised Code in 638
which the respondent is a child, the juvenile court retains all 639
dispositionary powers consistent with existing rules of juvenile 640
procedure and may also exercise its discretion to adjudicate 641
proceedings as provided in sections 2151.34 and 3113.31 of the 642
Revised Code, including the issuance of protection orders or the 643
approval of consent agreements under those sections.644

       Sec. 2151.34.  (A) As used in this section:645

       (1) "Court" means the juvenile division of the court of 646
common pleas of the county in which the person to be protected by 647
the protection order resides. 648

       (2) "Victim advocate" means a person who provides support and 649
assistance for a person who files a petition under this section.650

       (3) "Family or household member" has the same meaning as in 651
section 3113.31 of the Revised Code. 652

       (4) "Protection order issued by a court of another state" has 653
the same meaning as in section 2919.27 of the Revised Code.654

       (5) "Petitioner" means a person who files a petition under 655
this section and includes a person on whose behalf a petition 656
under this section is filed.657

       (6) "Respondent" means a person who is under eighteen years 658
of age and against whom a petition is filed under this section.659

       (7) "Sexually oriented offense" has the same meaning as in 660
section 2950.01 of the Revised Code.661

       (8) "Electronic monitoring" has the same meaning as in 662
section 2929.01 of the Revised Code.663

       (B) The court has jurisdiction over all proceedings under 664
this section.665

       (C)(1) Any of the following persons may seek relief under 666
this section by filing a petition with the court:667

       (a) Any person on behalf of that person;668

       (b) Any parent or adult family or household member on behalf 669
of any other family or household member;670

       (c) Any person who is determined by the court in its 671
discretion as an appropriate person to seek relief under this 672
section on behalf of any child.673

       (2) The petition shall contain or state all of the following:674

       (a) An allegation that the respondent engaged in a violation 675
of section 2903.11, 2903.12, 2903.13, 2903.21, 2903.211, 2903.22, 676
or 2911.211 of the Revised Code, committed a sexually oriented 677
offense, or engaged in a violation of any municipal ordinance that 678
is substantially equivalent to any of those offenses against the 679
person to be protected by the protection order, including a 680
description of the nature and extent of the violation; 681

       (b) If the petitioner seeks relief in the form of electronic 682
monitoring of the respondent, an allegation that at any time 683
preceding the filing of the petition the respondent engaged in 684
conduct that would cause a reasonable person to believe that the 685
health, welfare, or safety of the person to be protected was at 686
risk, a description of the nature and extent of that conduct, and 687
an allegation that the respondent presents a continuing danger to 688
the person to be protected;689

       (c) A request for relief under this section.690

       (3) The court in its discretion may determine whether or not 691
to give notice that a petition has been filed under division 692
(C)(1) of this section on behalf of a child to any of the 693
following:694

       (a) A parent of the child if the petition was filed by any 695
person other than a parent of the child;696

       (b) Any person who is determined by the court to be an 697
appropriate person to receive notice of the filing of the 698
petition.699

       (D)(1) If a person who files a petition pursuant to this 700
section requests an ex parte order, the court shall hold an ex 701
parte hearing as soon as possible after the petition is filed, but 702
not later than the next day after the court is in session after 703
the petition is filed. The court, for good cause shown at the ex 704
parte hearing, may enter any temporary orders, with or without 705
bond, that the court finds necessary for the safety and protection 706
of the person to be protected by the order. Immediate and present 707
danger to the person to be protected by the protection order 708
constitutes good cause for purposes of this section. Immediate and 709
present danger includes, but is not limited to, situations in 710
which the respondent has threatened the person to be protected by 711
the protection order with bodily harm or in which the respondent 712
previously has been convicted of, pleaded guilty to, or been 713
adjudicated a delinquent child for committing a violation of 714
section 2903.11, 2903.12, 2903.13, 2903.21, 2903.211, 2903.22, or 715
2911.211 of the Revised Code, a sexually oriented offense, or a 716
violation of any municipal ordinance that is substantially 717
equivalent to any of those offenses against the person to be 718
protected by the protection order.719

       (2)(a) If the court, after an ex parte hearing, issues a 720
protection order described in division (E) of this section, the 721
court shall schedule a full hearing for a date that is within ten 722
court days after the ex parte hearing. The court shall give the 723
respondent notice of, and an opportunity to be heard at, the full 724
hearing. The court also shall give notice of the full hearing to 725
the parent, guardian, or legal custodian of the respondent. The 726
court shall hold the full hearing on the date scheduled under this 727
division unless the court grants a continuance of the hearing in 728
accordance with this division. Under any of the following 729
circumstances or for any of the following reasons, the court may 730
grant a continuance of the full hearing to a reasonable time 731
determined by the court:732

       (i) Prior to the date scheduled for the full hearing under 733
this division, the respondent has not been served with the 734
petition filed pursuant to this section and notice of the full 735
hearing. 736

       (ii) The parties consent to the continuance.737

       (iii) The continuance is needed to allow a party to obtain 738
counsel.739

       (iv) The continuance is needed for other good cause.740

       (b) An ex parte order issued under this section does not 741
expire because of a failure to serve notice of the full hearing 742
upon the respondent before the date set for the full hearing under 743
division (D)(2)(a) of this section or because the court grants a 744
continuance under that division.745

       (3) If a person who files a petition pursuant to this section 746
does not request an ex parte order, or if a person requests an ex 747
parte order but the court does not issue an ex parte order after 748
an ex parte hearing, the court shall proceed as in a normal civil 749
action and grant a full hearing on the matter.750

       (E)(1)(a) After an ex parte or full hearing, the court may 751
issue any protection order, with or without bond, that contains 752
terms designed to ensure the safety and protection of the person 753
to be protected by the protection order.754

       (b) After a full hearing, if the court considering a petition 755
that includes an allegation of the type described in division 756
(C)(2)(b) of this section or the court, upon its own motion, finds 757
upon clear and convincing evidence that the petitioner reasonably 758
believed that the respondent's conduct at any time preceding the 759
filing of the petition endangered the health, welfare, or safety 760
of the person to be protected and that the respondent presents a 761
continuing danger to the person to be protected and if division 762
(N) of this section does not prohibit the issuance of an order 763
that the respondent be electronically monitored, the court may 764
order that the respondent be electronically monitored for a period 765
of time and under the terms and conditions that the court 766
determines are appropriate. Electronic monitoring shall be in 767
addition to any other relief granted to the petitioner. 768

       (2)(a) Any protection order issued pursuant to this section 769
shall be valid until a date certain but not later than the date 770
the respondent attains nineteen years of age.771

       (b) Any protection order issued pursuant to this section may 772
be renewed in the same manner as the original order was issued. 773

       (3) A court may not issue a protection order that requires a 774
petitioner to do or to refrain from doing an act that the court 775
may require a respondent to do or to refrain from doing under 776
division (E)(1) of this section unless all of the following apply:777

       (a) The respondent files a separate petition for a protection 778
order in accordance with this section.779

       (b) The petitioner is served with notice of the respondent's 780
petition at least forty-eight hours before the court holds a 781
hearing with respect to the respondent's petition, or the 782
petitioner waives the right to receive this notice.783

       (c) If the petitioner has requested an ex parte order 784
pursuant to division (D) of this section, the court does not delay 785
any hearing required by that division beyond the time specified in 786
that division in order to consolidate the hearing with a hearing 787
on the petition filed by the respondent. 788

       (d) After a full hearing at which the respondent presents 789
evidence in support of the request for a protection order and the 790
petitioner is afforded an opportunity to defend against that 791
evidence, the court determines that the petitioner has committed a 792
violation of section 2903.11, 2903.12, 2903.13, 2903.21, 2903.211, 793
2903.22, or 2911.211 of the Revised Code, a sexually oriented 794
offense, or a violation of any municipal ordinance that is 795
substantially equivalent to any of those offenses against the 796
person to be protected by the protection order issued pursuant to 797
division (E)(3) of this section, or has violated a protection 798
order issued pursuant to this section or section 2903.213 of the 799
Revised Code relative to the person to be protected by the 800
protection order issued pursuant to division (E)(3) of this 801
section.802

       (4) No protection order issued pursuant to this section shall 803
in any manner affect title to any real property.804

       (5)(a) A protection order issued under this section shall 805
clearly state that the person to be protected by the order cannot 806
waive or nullify by invitation or consent any requirement in the 807
order.808

       (b) Division (E)(5)(a) of this section does not limit any 809
discretion of a court to determine that a respondent alleged to 810
have violated section 2919.27 of the Revised Code, violated a 811
municipal ordinance substantially equivalent to that section, or 812
committed contempt of court, which allegation is based on an 813
alleged violation of a protection order issued under this section, 814
did not commit the violation or was not in contempt of court.815

       (6) Any protection order issued pursuant to this section 816
shall include a provision that the court will automatically seal 817
all of the records of the proceeding in which the order is issued 818
on the date the respondent attains the age of nineteen years 819
unless the petitioner provides the court with evidence that the 820
respondent has not complied with all of the terms of the 821
protection order. The protection order shall specify the date when 822
the respondent attains the age of nineteen years.823

       (F)(1) The court shall cause the delivery of a copy of any 824
protection order that is issued under this section to the 825
petitioner, to the respondent, and to all law enforcement agencies 826
that have jurisdiction to enforce the order. The court shall 827
direct that a copy of the order be delivered to the respondent and 828
the parent, guardian, or legal custodian of the respondent on the 829
same day that the order is entered.830

       (2) Upon the issuance of a protection order under this 831
section, the court shall provide the parties to the order with the 832
following notice orally or by form:833

"NOTICE
834

       As a result of this order, it may be unlawful for you to 835
possess or purchase a firearm, including a rifle, pistol, or 836
revolver, or ammunition pursuant to federal law under 18 U.S.C. 837
922(g)(8). If you have any questions whether this law makes it 838
illegal for you to possess or purchase a firearm or ammunition, 839
you should consult an attorney." 840

       (3) All law enforcement agencies shall establish and maintain 841
an index for the protection orders delivered to the agencies 842
pursuant to division (F)(1) of this section. With respect to each 843
order delivered, each agency shall note on the index the date and 844
time that it received the order.845

       (4) Regardless of whether the petitioner has registered the 846
protection order in the county in which the officer's agency has 847
jurisdiction pursuant to division (M) of this section, any officer 848
of a law enforcement agency shall enforce a protection order 849
issued pursuant to this section by any court in this state in 850
accordance with the provisions of the order, including removing 851
the respondent from the premises, if appropriate.852

       (G) Any proceeding under this section shall be conducted in 853
accordance with the Rules of Civil Procedure, except that a 854
protection order may be obtained under this section with or 855
without bond. An order issued under this section, other than an ex 856
parte order, that grants a protection order, or that refuses to 857
grant a protection order, is a final, appealable order. The 858
remedies and procedures provided in this section are in addition 859
to, and not in lieu of, any other available civil or criminal 860
remedies or any other available remedies under Chapter 2151. or 861
2152. of the Revised Code.862

       (H) The filing of proceedings under this section does not 863
excuse a person from filing any report or giving any notice 864
required by section 2151.421 of the Revised Code or by any other 865
law. 866

       (I) Any law enforcement agency that investigates an alleged 867
violation of section 2903.11, 2903.12, 2903.13, 2903.21, 2903.211, 868
2903.22, or 2911.211 of the Revised Code, an alleged commission of 869
a sexually oriented offense, or an alleged violation of a 870
municipal ordinance that is substantially equivalent to any of 871
those offenses shall provide information to the victim and the 872
family or household members of the victim regarding the relief 873
available under this section.874

       (J) Notwithstanding any provision of law to the contrary and 875
regardless of whether a protection order is issued or a consent 876
agreement is approved by a court of another county or by a court 877
of another state, no court or unit of state or local government 878
shall charge any fee, cost, deposit, or money in connection with 879
the filing of a petition pursuant to this section, in connection 880
with the filing, issuance, registration, or service of a 881
protection order or consent agreement, or for obtaining a 882
certified copy of a protection order or consent agreement.883

       (K)(1) A person who violates a protection order issued under 884
this section is subject to the following sanctions: 885

       (a) A delinquent child proceeding or a criminal prosecution 886
for a violation of section 2919.27 of the Revised Code, if the 887
violation of the protection order constitutes a violation of that 888
section; 889

       (b) Punishment for contempt of court.890

       (2) The punishment of a person for contempt of court for 891
violation of a protection order issued under this section does not 892
bar criminal prosecution of the person or a delinquent child 893
proceeding concerning the person for a violation of section 894
2919.27 of the Revised Code. However, a person punished for 895
contempt of court is entitled to credit for the punishment imposed 896
upon conviction of or adjudication as a delinquent child for a 897
violation of that section, and a person convicted of or 898
adjudicated a delinquent child for a violation of that section 899
shall not subsequently be punished for contempt of court arising 900
out of the same activity. 901

       (L) In all stages of a proceeding under this section, a 902
petitioner may be accompanied by a victim advocate.903

       (M)(1) A petitioner who obtains a protection order under this 904
section may provide notice of the issuance or approval of the 905
order to the judicial and law enforcement officials in any county 906
other than the county in which the order is issued by registering 907
that order in the other county pursuant to division (M)(2) of this 908
section and filing a copy of the registered order with a law 909
enforcement agency in the other county in accordance with that 910
division. A person who obtains a protection order issued by a 911
court of another state may provide notice of the issuance of the 912
order to the judicial and law enforcement officials in any county 913
of this state by registering the order in that county pursuant to 914
section 2919.272 of the Revised Code and filing a copy of the 915
registered order with a law enforcement agency in that county.916

       (2) A petitioner may register a protection order issued 917
pursuant to this section in a county other than the county in 918
which the court that issued the order is located in the following 919
manner:920

       (a) The petitioner shall obtain a certified copy of the order 921
from the clerk of the court that issued the order and present that 922
certified copy to the clerk of the court of common pleas or the 923
clerk of a municipal court or county court in the county in which 924
the order is to be registered.925

       (b) Upon accepting the certified copy of the order for 926
registration, the clerk of the court of common pleas, municipal 927
court, or county court shall place an endorsement of registration 928
on the order and give the petitioner a copy of the order that 929
bears that proof of registration. 930

       (3) The clerk of each court of common pleas, municipal court, 931
or county court shall maintain a registry of certified copies of 932
protection orders that have been issued by courts in other 933
counties pursuant to this section and that have been registered 934
with the clerk.935

       (N) If the court orders electronic monitoring of the 936
respondent under this section, the court shall direct the 937
sheriff's office or any other appropriate law enforcement agency 938
to install the electronic monitoring device and to monitor the 939
respondent. Unless the court determines that the respondent is 940
indigent, the court shall order the respondent to pay the cost of 941
the installation and monitoring of the electronic monitoring 942
device. If the court determines that the respondent is indigent 943
and subject to the maximum amount allowable to be paid in any year 944
from the fund and the rules promulgated by the attorney general 945
under section 2903.214 of the Revised Code, the cost of the 946
installation and monitoring of the electronic monitoring device 947
may be paid out of funds from the reparations fund created 948
pursuant to section 2743.191 of the Revised Code. The total amount 949
paid from the reparations fund created pursuant to section 950
2743.191 of the Revised Code for electronic monitoring under this 951
section and sections 2903.214 and 2919.27 of the Revised Code 952
shall not exceed three hundred thousand dollars per year. When the 953
total amount paid from the reparations fund in any year for 954
electronic monitoring under those sections equals or exceeds three 955
hundred thousand dollars, the court shall not order pursuant to 956
this section that an indigent respondent be electronically 957
monitored.958

       (O) The court, in its discretion, may determine if the 959
respondent is entitled to court-appointed counsel in a proceeding 960
under this section.961

       Sec. 2151.358. (A) The juvenile court shall expunge all 962
records sealed under section 2151.356 of the Revised Code five 963
years after the court issues a sealing order or upon the 964
twenty-third birthday of the person who is the subject of the 965
sealing order, whichever date is earlier. 966

       (B) Notwithstanding division (A) of this section, upon 967
application by the person who has had a record sealed under 968
section 2151.356 of the Revised Code, the juvenile court may 969
expunge a record sealed under section 2151.356 of the Revised 970
Code. In making the determination whether to expunge records, all 971
of the following apply: 972

       (1) The court may require a person filing an application for 973
expungement to submit any relevant documentation to support the 974
application. 975

       (2) The court may cause an investigation to be made to 976
determine if the person who is the subject of the proceedings has 977
been rehabilitated to a satisfactory degree. 978

       (3) The court shall promptly notify the prosecuting attorney 979
of any proceedings to expunge records. 980

       (4)(a) The prosecuting attorney may file a response with the 981
court within thirty days of receiving notice of the expungement 982
proceedings. 983

       (b) If the prosecuting attorney does not file a response with 984
the court or if the prosecuting attorney files a response but 985
indicates that the prosecuting attorney does not object to the 986
expungement of the records, the court may order the records of the 987
person that are under consideration to be expunged without 988
conducting a hearing on the application. If the court decides in 989
its discretion to conduct a hearing on the application, the court 990
shall conduct the hearing within thirty days after making that 991
decision and shall give notice, by regular mail, of the date, 992
time, and location of the hearing to the prosecuting attorney and 993
to the person who is the subject of the records under 994
consideration. 995

       (c) If the prosecuting attorney files a response with the 996
court that indicates that the prosecuting attorney objects to the 997
expungement of the records, the court shall conduct a hearing on 998
the application within thirty days after the court receives the 999
response. The court shall give notice, by regular mail, of the 1000
date, time, and location of the hearing to the prosecuting 1001
attorney and to the person who is the subject of the records under 1002
consideration. 1003

       (5) After conducting a hearing in accordance with division 1004
(B)(4) of this section or after due consideration when a hearing 1005
is not conducted, the court may order the records of the person 1006
that are the subject of the application to be expunged if it finds 1007
that the person has been rehabilitated to a satisfactory degree. 1008
In determining whether the person has been rehabilitated to a 1009
satisfactory degree, the court may consider all of the following: 1010

       (a) The age of the person; 1011

       (b) The nature of the case; 1012

       (c) The cessation or continuation of delinquent, unruly, or 1013
criminal behavior; 1014

       (d) The education and employment history of the person; 1015

       (e) Any other circumstances that may relate to the 1016
rehabilitation of the person who is the subject of the records 1017
under consideration. 1018

       (C) If the juvenile court is notified by any party in a civil 1019
action that a civil action has been filed based on a case the 1020
records for which are the subject of a sealing order, the juvenile 1021
court shall not expunge a record sealed under section 2151.356 of 1022
the Revised Code until the civil action has been resolved and is 1023
not subject to further appellate review, at which time the records 1024
shall be expunged pursuant to division (A) of this section. 1025

       (D)(1) A juvenile court that issues a protection order or 1026
approves a consent agreement under section 2151.34 or 3113.31 of 1027
the Revised Code shall automatically seal all of the records of 1028
the proceeding in which the order was issued or agreement approved 1029
on the date the person against whom the protection order was 1030
issued or the consent agreement approved attains the age of 1031
nineteen years if the court determines that the person has 1032
complied with all of the terms of the protection order or consent 1033
agreement.1034

       (2) In a proceeding under section 2151.34 of the Revised 1035
Code, if the juvenile court does not issue any protection order 1036
under division (E) of that section, the court shall automatically 1037
seal all of the records in that proceeding. In a proceeding under 1038
section 3113.31 of the Revised Code, if the juvenile court does 1039
not issue any protection order or approve any consent agreement 1040
under division (E) of that section, the court shall automatically 1041
seal all of the records in that proceeding.1042

       (3)(a) If a juvenile court that issues a protection order or 1043
approves a consent agreement under section 2151.34 or 3113.31 of 1044
the Revised Code determines that the person against whom the 1045
protection order was issued or the consent agreement approved has 1046
not complied with all of the terms of the protection order or 1047
consent agreement, the court shall consider sealing all of the 1048
records of the proceeding in which the order was issued or 1049
agreement approved upon the court's own motion or upon the 1050
application of a person. The court may make the motion or the 1051
person who is the subject of the records under consideration may 1052
apply for an order sealing the records of the proceeding at any 1053
time after two years after the expiration of the protection order 1054
or consent agreement.1055

        (b) In making a determination whether to seal records 1056
pursuant to division (D)(3) of this section, all of the following 1057
apply:1058

        (i) The court may require a person filing an application 1059
under division (D)(3) of this section to submit any relevant 1060
documentation to support the application.1061

        (ii) The court shall promptly notify the victim or the 1062
victim's attorney of any proceedings to seal records initiated 1063
pursuant to division (D)(3) of this section.1064

       (iii) The victim or the victim's attorney may file a response 1065
with the court within thirty days of receiving notice of the 1066
sealing proceedings.1067

        If the victim or the victim's attorney does not file a 1068
response with the court or if the victim or the victim's attorney 1069
files a response but indicates that the victim or the victim's 1070
attorney does not object to the sealing of the records, the court 1071
may order the records of the person that are under consideration 1072
to be sealed without conducting a hearing on the motion or 1073
application. If the court decides in its discretion to conduct a 1074
hearing on the motion or application, the court shall conduct the 1075
hearing within thirty days after making that decision and shall 1076
give notice, by regular mail, of the date, time, and location of 1077
the hearing to the victim or the victim's attorney and to the 1078
person who is the subject of the records under consideration.1079

        If the victim or the victim's attorney files a response with 1080
the court that indicates that the victim or the victim's attorney 1081
objects to the sealing of the records, the court shall conduct a 1082
hearing on the motion or application within thirty days after the 1083
court receives the response. The court shall give notice, by 1084
regular mail, of the date, time, and location of the hearing to 1085
the victim or the victim's attorney and to the person who is the 1086
subject of the records under consideration.1087

        (iv) After conducting a hearing in accordance with division 1088
(D)(3)(b)(iii) of this section or after due consideration when a 1089
hearing is not conducted, the court may order the records of the 1090
person that are the subject of the motion or application to be 1091
sealed.1092

        (4) Inspection of the records sealed pursuant to division 1093
(D)(1), (2), or (3) of this section may be made only by the 1094
following persons or for the following purposes:1095

       (a) By a law enforcement officer or prosecutor, or the 1096
assistants of either, to determine whether the nature and 1097
character of the offense with which a person is to be charged 1098
would be affected by virtue of the person's previously having been 1099
convicted of a crime;1100

       (b) By the parole or probation officer of the person who is 1101
the subject of the records, for the exclusive use of the officer 1102
in supervising the person while on parole or under a community 1103
control sanction or a post-release control sanction, and in making 1104
inquiries and written reports as requested by the court or adult 1105
parole authority;1106

       (c) Upon application by the person who is the subject of the 1107
records, by the persons named in the application;1108

       (d) By a law enforcement officer who was involved in the 1109
case, for use in the officer's defense of a civil action arising 1110
out of the officer's involvement in that case;1111

       (e) By a prosecuting attorney or the prosecuting attorney's 1112
assistants, to determine a defendant's eligibility to enter a 1113
pre-trial diversion program established pursuant to section 1114
2935.36 of the Revised Code;1115

       (f) By any law enforcement agency or any authorized employee 1116
of a law enforcement agency or by the department of rehabilitation 1117
and correction as part of a background investigation of a person 1118
who applies for employment with the agency as a law enforcement 1119
officer or with the department as a corrections officer;1120

       (g) By any law enforcement agency or any authorized employee 1121
of a law enforcement agency, for the purposes set forth in, and in 1122
the manner provided in, section 2953.321 of the Revised Code;1123

       (h) By the bureau of criminal identification and 1124
investigation or any authorized employee of the bureau for the 1125
purpose of providing information to a board or person pursuant to 1126
division (F) or (G) of section 109.57 of the Revised Code;1127

       (i) By the bureau of criminal identification and 1128
investigation or any authorized employee of the bureau for the 1129
purpose of performing a criminal history records check on a person 1130
to whom a certificate as prescribed in section 109.77 of the 1131
Revised Code is to be awarded;1132

       (j) By the bureau of criminal identification and 1133
investigation or any authorized employee of the bureau for the 1134
purpose of conducting a criminal records check of an individual 1135
pursuant to division (B) of section 109.572 of the Revised Code 1136
that was requested pursuant to any of the sections identified in 1137
division (B)(1) of that section;1138

       (k) By the bureau of criminal identification and 1139
investigation, an authorized employee of the bureau, a sheriff, or 1140
an authorized employee of a sheriff in connection with a criminal 1141
records check described in section 311.41 of the Revised Code;1142

       (l) By the attorney general or an authorized employee of the 1143
attorney general or a court for purposes of determining a person's 1144
classification pursuant to Chapter 2950. of the Revised Code.1145

       When the nature and character of the offense with which a 1146
person is to be charged would be affected by the information, it 1147
may be used for the purpose of charging the person with an 1148
offense.1149

       (E) After the records have been expunged under this section, 1150
the person who is the subject of the expunged records properly 1151
may, and the court shall, reply that no record exists with respect 1152
to the person upon any inquiry in the matter. 1153

       Sec. 2152.02.  As used in this chapter:1154

       (A) "Act charged" means the act that is identified in a 1155
complaint, indictment, or information alleging that a child is a 1156
delinquent child.1157

       (B) "Admitted to a department of youth services facility" 1158
includes admission to a facility operated, or contracted for, by 1159
the department and admission to a comparable facility outside this 1160
state by another state or the United States.1161

       (C)(1) "Child" means a person who is under eighteen years of 1162
age, except as otherwise provided in divisions (C)(2) to (6)(7) of 1163
this section.1164

       (2) Subject to division (C)(3) of this section, any person 1165
who violates a federal or state law or a municipal ordinance prior 1166
to attaining eighteen years of age shall be deemed a "child" 1167
irrespective of that person's age at the time the complaint with 1168
respect to that violation is filed or the hearing on the complaint 1169
is held.1170

       (3) Any person who, while under eighteen years of age, 1171
commits an act that would be a felony if committed by an adult and 1172
who is not taken into custody or apprehended for that act until 1173
after the person attains twenty-one years of age is not a child in 1174
relation to that act.1175

       (4) Any person whose case is transferred for criminal 1176
prosecution pursuant to section 2152.12 of the Revised Code shall 1177
be deemed after the transfer not to be a child in the transferred 1178
case.1179

       (5) Any person whose case is transferred for criminal 1180
prosecution pursuant to section 2152.12 of the Revised Code and 1181
who subsequently is convicted of or pleads guilty to a felony in 1182
that case, and any person who is adjudicated a delinquent child 1183
for the commission of an act, who has a serious youthful offender 1184
dispositional sentence imposed for the act pursuant to section 1185
2152.13 of the Revised Code, and whose adult portion of the 1186
dispositional sentence is invoked pursuant to section 2152.14 of 1187
the Revised Code, shall be deemed after the transfer or invocation 1188
not to be a child in any case in which a complaint is filed 1189
against the person.1190

       (6) The juvenile court has jurisdiction over a person who is 1191
adjudicated a delinquent child or juvenile traffic offender prior 1192
to attaining eighteen years of age until the person attains 1193
twenty-one years of age, and, for purposes of that jurisdiction 1194
related to that adjudication, except as otherwise provided in this 1195
division, a person who is so adjudicated a delinquent child or 1196
juvenile traffic offender shall be deemed a "child" until the 1197
person attains twenty-one years of age. If a person is so 1198
adjudicated a delinquent child or juvenile traffic offender and 1199
the court makes a disposition of the person under this chapter, at 1200
any time after the person attains eighteen years of age, the 1201
places at which the person may be held under that disposition are 1202
not limited to places authorized under this chapter solely for 1203
confinement of children, and the person may be confined under that 1204
disposition, in accordance with division (F)(2) of section 2152.26 1205
of the Revised Code, in places other than those authorized under 1206
this chapter solely for confinement of children.1207

       (7) Any person who, while eighteen years of age, violates 1208
division (A)(1) or (2) of section 2919.27 of the Revised Code by 1209
violating a protection order issued or consent agreement approved 1210
under section 2151.34 or 3113.31 of the Revised Code shall be 1211
considered a child for the purposes of that violation of section 1212
2919.27 of the Revised Code.1213

       (D) "Chronic truant" means any child of compulsory school age 1214
who is absent without legitimate excuse for absence from the 1215
public school the child is supposed to attend for seven or more 1216
consecutive school days, ten or more school days in one school 1217
month, or fifteen or more school days in a school year.1218

       (E) "Community corrections facility," "public safety beds," 1219
"release authority," and "supervised release" have the same 1220
meanings as in section 5139.01 of the Revised Code.1221

       (F) "Delinquent child" includes any of the following:1222

       (1) Any child, except a juvenile traffic offender, who 1223
violates any law of this state or the United States, or any 1224
ordinance of a political subdivision of the state, that would be 1225
an offense if committed by an adult;1226

       (2) Any child who violates any lawful order of the court made 1227
under this chapter or under Chapter 2151. of the Revised Code 1228
other than an order issued under section 2151.87 of the Revised 1229
Code;1230

       (3) Any child who violates division (C) of section 2907.39, 1231
division (A) of section 2923.211, or division (C)(1) or (D) of 1232
section 2925.55 of the Revised Code;1233

       (4) Any child who is a habitual truant and who previously has 1234
been adjudicated an unruly child for being a habitual truant;1235

       (5) Any child who is a chronic truant.1236

       (G) "Discretionary serious youthful offender" means a person 1237
who is eligible for a discretionary SYO and who is not transferred 1238
to adult court under a mandatory or discretionary transfer.1239

       (H) "Discretionary SYO" means a case in which the juvenile 1240
court, in the juvenile court's discretion, may impose a serious 1241
youthful offender disposition under section 2152.13 of the Revised 1242
Code.1243

       (I) "Discretionary transfer" means that the juvenile court 1244
has discretion to transfer a case for criminal prosecution under 1245
division (B) of section 2152.12 of the Revised Code.1246

       (J) "Drug abuse offense," "felony drug abuse offense," and 1247
"minor drug possession offense" have the same meanings as in 1248
section 2925.01 of the Revised Code.1249

       (K) "Electronic monitoring" and "electronic monitoring 1250
device" have the same meanings as in section 2929.01 of the 1251
Revised Code.1252

       (L) "Economic loss" means any economic detriment suffered by 1253
a victim of a delinquent act or juvenile traffic offense as a 1254
direct and proximate result of the delinquent act or juvenile 1255
traffic offense and includes any loss of income due to lost time 1256
at work because of any injury caused to the victim and any 1257
property loss, medical cost, or funeral expense incurred as a 1258
result of the delinquent act or juvenile traffic offense. 1259
"Economic loss" does not include non-economic loss or any punitive 1260
or exemplary damages.1261

       (M) "Firearm" has the same meaning as in section 2923.11 of 1262
the Revised Code.1263

       (N) "Juvenile traffic offender" means any child who violates 1264
any traffic law, traffic ordinance, or traffic regulation of this 1265
state, the United States, or any political subdivision of this 1266
state, other than a resolution, ordinance, or regulation of a 1267
political subdivision of this state the violation of which is 1268
required to be handled by a parking violations bureau or a joint 1269
parking violations bureau pursuant to Chapter 4521. of the Revised 1270
Code.1271

       (O) A "legitimate excuse for absence from the public school 1272
the child is supposed to attend" has the same meaning as in 1273
section 2151.011 of the Revised Code.1274

       (P) "Mandatory serious youthful offender" means a person who 1275
is eligible for a mandatory SYO and who is not transferred to 1276
adult court under a mandatory or discretionary transfer.1277

       (Q) "Mandatory SYO" means a case in which the juvenile court 1278
is required to impose a mandatory serious youthful offender 1279
disposition under section 2152.13 of the Revised Code.1280

       (R) "Mandatory transfer" means that a case is required to be 1281
transferred for criminal prosecution under division (A) of section 1282
2152.12 of the Revised Code.1283

       (S) "Mental illness" has the same meaning as in section 1284
5122.01 of the Revised Code.1285

       (T) "Mentally retarded person" has the same meaning as in 1286
section 5123.01 of the Revised Code.1287

       (U) "Monitored time" and "repeat violent offender" have the 1288
same meanings as in section 2929.01 of the Revised Code.1289

       (V) "Of compulsory school age" has the same meaning as in 1290
section 3321.01 of the Revised Code.1291

       (W) "Public record" has the same meaning as in section 149.43 1292
of the Revised Code.1293

       (X) "Serious youthful offender" means a person who is 1294
eligible for a mandatory SYO or discretionary SYO but who is not 1295
transferred to adult court under a mandatory or discretionary 1296
transfer.1297

       (Y) "Sexually oriented offense," "juvenile offender 1298
registrant," "child-victim oriented offense," "tier I sex 1299
offender/child-victim offender," "tier II sex 1300
offender/child-victim offender," "tier III sex 1301
offender/child-victim offender," and "public registry-qualified 1302
juvenile offender registrant" have the same meanings as in section 1303
2950.01 of the Revised Code.1304

       (Z) "Traditional juvenile" means a case that is not 1305
transferred to adult court under a mandatory or discretionary 1306
transfer, that is eligible for a disposition under sections 1307
2152.16, 2152.17, 2152.19, and 2152.20 of the Revised Code, and 1308
that is not eligible for a disposition under section 2152.13 of 1309
the Revised Code.1310

       (AA) "Transfer" means the transfer for criminal prosecution 1311
of a case involving the alleged commission by a child of an act 1312
that would be an offense if committed by an adult from the 1313
juvenile court to the appropriate court that has jurisdiction of 1314
the offense.1315

       (BB) "Category one offense" means any of the following:1316

       (1) A violation of section 2903.01 or 2903.02 of the Revised 1317
Code;1318

       (2) A violation of section 2923.02 of the Revised Code 1319
involving an attempt to commit aggravated murder or murder.1320

       (CC) "Category two offense" means any of the following:1321

       (1) A violation of section 2903.03, 2905.01, 2907.02, 1322
2909.02, 2911.01, or 2911.11 of the Revised Code;1323

       (2) A violation of section 2903.04 of the Revised Code that 1324
is a felony of the first degree;1325

       (3) A violation of section 2907.12 of the Revised Code as it 1326
existed prior to September 3, 1996.1327

       (DD) "Non-economic loss" means nonpecuniary harm suffered by 1328
a victim of a delinquent act or juvenile traffic offense as a 1329
result of or related to the delinquent act or juvenile traffic 1330
offense, including, but not limited to, pain and suffering; loss 1331
of society, consortium, companionship, care, assistance, 1332
attention, protection, advice, guidance, counsel, instruction, 1333
training, or education; mental anguish; and any other intangible 1334
loss.1335

       Sec. 2301.03.  (A) In Franklin county, the judges of the 1336
court of common pleas whose terms begin on January 1, 1953, 1337
January 2, 1953, January 5, 1969, January 5, 1977, and January 2, 1338
1997, and successors, shall have the same qualifications, exercise 1339
the same powers and jurisdiction, and receive the same 1340
compensation as other judges of the court of common pleas of 1341
Franklin county and shall be elected and designated as judges of 1342
the court of common pleas, division of domestic relations. They 1343
shall have all the powers relating to juvenile courts, and all 1344
cases under Chapters 2151. and 2152. of the Revised Code, all 1345
parentage proceedings under Chapter 3111. of the Revised Code over 1346
which the juvenile court has jurisdiction, and all divorce, 1347
dissolution of marriage, legal separation, and annulment cases 1348
shall be assigned to them. In addition to the judge's regular 1349
duties, the judge who is senior in point of service shall serve on 1350
the children services board and the county advisory board and 1351
shall be the administrator of the domestic relations division and 1352
its subdivisions and departments.1353

       (B) In Hamilton county:1354

       (1) The judge of the court of common pleas, whose term begins 1355
on January 1, 1957, and successors, and the judge of the court of 1356
common pleas, whose term begins on February 14, 1967, and 1357
successors, shall be the juvenile judges as provided in Chapters 1358
2151. and 2152. of the Revised Code, with the powers and 1359
jurisdiction conferred by those chapters.1360

       (2) The judges of the court of common pleas whose terms begin 1361
on January 5, 1957, January 16, 1981, and July 1, 1991, and 1362
successors, shall be elected and designated as judges of the court 1363
of common pleas, division of domestic relations, and shall have 1364
assigned to them all divorce, dissolution of marriage, legal 1365
separation, and annulment cases coming before the court. On or 1366
after the first day of July and before the first day of August of 1367
1991 and each year thereafter, a majority of the judges of the 1368
division of domestic relations shall elect one of the judges of 1369
the division as administrative judge of that division. If a 1370
majority of the judges of the division of domestic relations are 1371
unable for any reason to elect an administrative judge for the 1372
division before the first day of August, a majority of the judges 1373
of the Hamilton county court of common pleas, as soon as possible 1374
after that date, shall elect one of the judges of the division of 1375
domestic relations as administrative judge of that division. The 1376
term of the administrative judge shall begin on the earlier of the 1377
first day of August of the year in which the administrative judge 1378
is elected or the date on which the administrative judge is 1379
elected by a majority of the judges of the Hamilton county court 1380
of common pleas and shall terminate on the date on which the 1381
administrative judge's successor is elected in the following year.1382

       In addition to the judge's regular duties, the administrative 1383
judge of the division of domestic relations shall be the 1384
administrator of the domestic relations division and its 1385
subdivisions and departments and shall have charge of the 1386
employment, assignment, and supervision of the personnel of the 1387
division engaged in handling, servicing, or investigating divorce, 1388
dissolution of marriage, legal separation, and annulment cases, 1389
including any referees considered necessary by the judges in the 1390
discharge of their various duties.1391

       The administrative judge of the division of domestic 1392
relations also shall designate the title, compensation, expense 1393
allowances, hours, leaves of absence, and vacations of the 1394
personnel of the division, and shall fix the duties of its 1395
personnel. The duties of the personnel, in addition to those 1396
provided for in other sections of the Revised Code, shall include 1397
the handling, servicing, and investigation of divorce, dissolution 1398
of marriage, legal separation, and annulment cases and counseling 1399
and conciliation services that may be made available to persons 1400
requesting them, whether or not the persons are parties to an 1401
action pending in the division.1402

       The board of county commissioners shall appropriate the sum 1403
of money each year as will meet all the administrative expenses of 1404
the division of domestic relations, including reasonable expenses 1405
of the domestic relations judges and the division counselors and 1406
other employees designated to conduct the handling, servicing, and 1407
investigation of divorce, dissolution of marriage, legal 1408
separation, and annulment cases, conciliation and counseling, and 1409
all matters relating to those cases and counseling, and the 1410
expenses involved in the attendance of division personnel at 1411
domestic relations and welfare conferences designated by the 1412
division, and the further sum each year as will provide for the 1413
adequate operation of the division of domestic relations.1414

       The compensation and expenses of all employees and the salary 1415
and expenses of the judges shall be paid by the county treasurer 1416
from the money appropriated for the operation of the division, 1417
upon the warrant of the county auditor, certified to by the 1418
administrative judge of the division of domestic relations.1419

       The summonses, warrants, citations, subpoenas, and other 1420
writs of the division may issue to a bailiff, constable, or staff 1421
investigator of the division or to the sheriff of any county or 1422
any marshal, constable, or police officer, and the provisions of 1423
law relating to the subpoenaing of witnesses in other cases shall 1424
apply insofar as they are applicable. When a summons, warrant, 1425
citation, subpoena, or other writ is issued to an officer, other 1426
than a bailiff, constable, or staff investigator of the division, 1427
the expense of serving it shall be assessed as a part of the costs 1428
in the case involved.1429

       (3) The judge of the court of common pleas of Hamilton county 1430
whose term begins on January 3, 1997, and the successors to that 1431
judge shall each be elected and designated as the drug court judge 1432
of the court of common pleas of Hamilton county. The drug court 1433
judge may accept or reject any case referred to the drug court 1434
judge under division (B)(3) of this section. After the drug court 1435
judge accepts a referred case, the drug court judge has full 1436
authority over the case, including the authority to conduct 1437
arraignment, accept pleas, enter findings and dispositions, 1438
conduct trials, order treatment, and if treatment is not 1439
successfully completed pronounce and enter sentence.1440

       A judge of the general division of the court of common pleas 1441
of Hamilton county and a judge of the Hamilton county municipal 1442
court may refer to the drug court judge any case, and any 1443
companion cases, the judge determines meet the criteria described 1444
under divisions (B)(3)(a) and (b) of this section. If the drug 1445
court judge accepts referral of a referred case, the case, and any 1446
companion cases, shall be transferred to the drug court judge. A 1447
judge may refer a case meeting the criteria described in divisions 1448
(B)(3)(a) and (b) of this section that involves a violation of a 1449
condition of a community control sanction to the drug court judge, 1450
and, if the drug court judge accepts the referral, the referring 1451
judge and the drug court judge have concurrent jurisdiction over 1452
the case.1453

       A judge of the general division of the court of common pleas 1454
of Hamilton county and a judge of the Hamilton county municipal 1455
court may refer a case to the drug court judge under division 1456
(B)(3) of this section if the judge determines that both of the 1457
following apply:1458

       (a) One of the following applies:1459

       (i) The case involves a drug abuse offense, as defined in 1460
section 2925.01 of the Revised Code, that is a felony of the third 1461
or fourth degree if the offense is committed prior to July 1, 1462
1996, a felony of the third, fourth, or fifth degree if the 1463
offense is committed on or after July 1, 1996, or a misdemeanor.1464

       (ii) The case involves a theft offense, as defined in section 1465
2913.01 of the Revised Code, that is a felony of the third or 1466
fourth degree if the offense is committed prior to July 1, 1996, a 1467
felony of the third, fourth, or fifth degree if the offense is 1468
committed on or after July 1, 1996, or a misdemeanor, and the 1469
defendant is drug or alcohol dependent or in danger of becoming 1470
drug or alcohol dependent and would benefit from treatment.1471

       (b) All of the following apply:1472

       (i) The case involves an offense for which a community 1473
control sanction may be imposed or is a case in which a mandatory 1474
prison term or a mandatory jail term is not required to be 1475
imposed.1476

       (ii) The defendant has no history of violent behavior.1477

       (iii) The defendant has no history of mental illness.1478

       (iv) The defendant's current or past behavior, or both, is 1479
drug or alcohol driven.1480

       (v) The defendant demonstrates a sincere willingness to 1481
participate in a fifteen-month treatment process.1482

       (vi) The defendant has no acute health condition.1483

       (vii) If the defendant is incarcerated, the county prosecutor 1484
approves of the referral.1485

       (4) If the administrative judge of the court of common pleas 1486
of Hamilton county determines that the volume of cases pending 1487
before the drug court judge does not constitute a sufficient 1488
caseload for the drug court judge, the administrative judge, in 1489
accordance with the Rules of Superintendence for Courts of Common 1490
Pleas, shall assign individual cases to the drug court judge from 1491
the general docket of the court. If the assignments so occur, the 1492
administrative judge shall cease the assignments when the 1493
administrative judge determines that the volume of cases pending 1494
before the drug court judge constitutes a sufficient caseload for 1495
the drug court judge.1496

       (5) As used in division (B) of this section, "community 1497
control sanction," "mandatory prison term," and "mandatory jail 1498
term" have the same meanings as in section 2929.01 of the Revised 1499
Code.1500

       (C)(1) In Lorain county:1501

       (a) The judges of the court of common pleas whose terms begin 1502
on January 3, 1959, January 4, 1989, and January 2, 1999, and 1503
successors, and the judge of the court of common pleas whose term 1504
begins on February 9, 2009, shall have the same qualifications, 1505
exercise the same powers and jurisdiction, and receive the same 1506
compensation as the other judges of the court of common pleas of 1507
Lorain county and shall be elected and designated as the judges of 1508
the court of common pleas, division of domestic relations. The 1509
judges of the court of common pleas whose terms begin on January 1510
3, 1959, January 4, 1989, and January 2, 1999, and successors, 1511
shall have all of the powers relating to juvenile courts, and all 1512
cases under Chapters 2151. and 2152. of the Revised Code, all 1513
parentage proceedings over which the juvenile court has 1514
jurisdiction, and all divorce, dissolution of marriage, legal 1515
separation, and annulment cases shall be assigned to them, except 1516
cases that for some special reason are assigned to some other 1517
judge of the court of common pleas. From February 9, 2009, through 1518
September 28, 2009, the judge of the court of common pleas whose 1519
term begins on February 9, 2009, shall have all the powers 1520
relating to juvenile courts, and cases under Chapters 2151. and 1521
2152. of the Revised Code, parentage proceedings over which the 1522
juvenile court has jurisdiction, and divorce, dissolution of 1523
marriage, legal separation, and annulment cases shall be assigned 1524
to that judge, except cases that for some special reason are 1525
assigned to some other judge of the court of common pleas.1526

       (b) From January 1, 2006, through September 28, 2009, the 1527
judges of the court of common pleas, division of domestic 1528
relations, in addition to the powers and jurisdiction set forth in 1529
division (C)(1)(a) of this section, shall have jurisdiction over 1530
matters that are within the jurisdiction of the probate court 1531
under Chapter 2101. and other provisions of the Revised Code. 1532

        (c) The judge of the court of common pleas, division of 1533
domestic relations, whose term begins on February 9, 2009, is the 1534
successor to the probate judge who was elected in 2002 for a term 1535
that began on February 9, 2003. After September 28, 2009, the 1536
judge of the court of common pleas, division of domestic 1537
relations, whose term begins on February 9, 2009, shall be the 1538
probate judge.1539

        (2)(a) From February 9, 2009, through September 28, 2009, 1540
with respect to Lorain county, all references in law to the 1541
probate court shall be construed as references to the court of 1542
common pleas, division of domestic relations, and all references 1543
to the probate judge shall be construed as references to the 1544
judges of the court of common pleas, division of domestic 1545
relations.1546

        (b) From February 9, 2009, through September 28, 2009, with 1547
respect to Lorain county, all references in law to the clerk of 1548
the probate court shall be construed as references to the judge 1549
who is serving pursuant to Rule 4 of the Rules of Superintendence 1550
for the Courts of Ohio as the administrative judge of the court of 1551
common pleas, division of domestic relations.1552

       (D) In Lucas county:1553

       (1) The judges of the court of common pleas whose terms begin 1554
on January 1, 1955, and January 3, 1965, and successors, shall 1555
have the same qualifications, exercise the same powers and 1556
jurisdiction, and receive the same compensation as other judges of 1557
the court of common pleas of Lucas county and shall be elected and 1558
designated as judges of the court of common pleas, division of 1559
domestic relations. All divorce, dissolution of marriage, legal 1560
separation, and annulment cases shall be assigned to them.1561

       The judge of the division of domestic relations, senior in 1562
point of service, shall be considered as the presiding judge of 1563
the court of common pleas, division of domestic relations, and 1564
shall be charged exclusively with the assignment and division of 1565
the work of the division and the employment and supervision of all 1566
other personnel of the domestic relations division.1567

       (2) The judges of the court of common pleas whose terms begin 1568
on January 5, 1977, and January 2, 1991, and successors shall have 1569
the same qualifications, exercise the same powers and 1570
jurisdiction, and receive the same compensation as other judges of 1571
the court of common pleas of Lucas county, shall be elected and 1572
designated as judges of the court of common pleas, juvenile 1573
division, and shall be the juvenile judges as provided in Chapters 1574
2151. and 2152. of the Revised Code with the powers and 1575
jurisdictions conferred by those chapters. In addition to the 1576
judge's regular duties, the judge of the court of common pleas, 1577
juvenile division, senior in point of service, shall be the 1578
administrator of the juvenile division and its subdivisions and 1579
departments and shall have charge of the employment, assignment, 1580
and supervision of the personnel of the division engaged in 1581
handling, servicing, or investigating juvenile cases, including 1582
any referees considered necessary by the judges of the division in 1583
the discharge of their various duties.1584

       The judge of the court of common pleas, juvenile division, 1585
senior in point of service, also shall designate the title, 1586
compensation, expense allowance, hours, leaves of absence, and 1587
vacation of the personnel of the division and shall fix the duties 1588
of the personnel of the division. The duties of the personnel, in 1589
addition to other statutory duties include the handling, 1590
servicing, and investigation of juvenile cases and counseling and 1591
conciliation services that may be made available to persons 1592
requesting them, whether or not the persons are parties to an 1593
action pending in the division.1594

       (3) If one of the judges of the court of common pleas, 1595
division of domestic relations, or one of the judges of the 1596
juvenile division is sick, absent, or unable to perform that 1597
judge's judicial duties or the volume of cases pending in that 1598
judge's division necessitates it, the duties shall be performed by 1599
the judges of the other of those divisions.1600

       (E) In Mahoning county:1601

       (1) The judge of the court of common pleas whose term began 1602
on January 1, 1955, and successors, shall have the same 1603
qualifications, exercise the same powers and jurisdiction, and 1604
receive the same compensation as other judges of the court of 1605
common pleas of Mahoning county, shall be elected and designated 1606
as judge of the court of common pleas, division of domestic 1607
relations, and shall be assigned all the divorce, dissolution of 1608
marriage, legal separation, and annulment cases coming before the 1609
court. In addition to the judge's regular duties, the judge of the 1610
court of common pleas, division of domestic relations, shall be 1611
the administrator of the domestic relations division and its 1612
subdivisions and departments and shall have charge of the 1613
employment, assignment, and supervision of the personnel of the 1614
division engaged in handling, servicing, or investigating divorce, 1615
dissolution of marriage, legal separation, and annulment cases, 1616
including any referees considered necessary in the discharge of 1617
the various duties of the judge's office.1618

       The judge also shall designate the title, compensation, 1619
expense allowances, hours, leaves of absence, and vacations of the 1620
personnel of the division and shall fix the duties of the 1621
personnel of the division. The duties of the personnel, in 1622
addition to other statutory duties, include the handling, 1623
servicing, and investigation of divorce, dissolution of marriage, 1624
legal separation, and annulment cases and counseling and 1625
conciliation services that may be made available to persons 1626
requesting them, whether or not the persons are parties to an 1627
action pending in the division.1628

       (2) The judge of the court of common pleas whose term began 1629
on January 2, 1969, and successors, shall have the same 1630
qualifications, exercise the same powers and jurisdiction, and 1631
receive the same compensation as other judges of the court of 1632
common pleas of Mahoning county, shall be elected and designated 1633
as judge of the court of common pleas, juvenile division, and 1634
shall be the juvenile judge as provided in Chapters 2151. and 1635
2152. of the Revised Code, with the powers and jurisdictions 1636
conferred by those chapters. In addition to the judge's regular 1637
duties, the judge of the court of common pleas, juvenile division, 1638
shall be the administrator of the juvenile division and its 1639
subdivisions and departments and shall have charge of the 1640
employment, assignment, and supervision of the personnel of the 1641
division engaged in handling, servicing, or investigating juvenile 1642
cases, including any referees considered necessary by the judge in 1643
the discharge of the judge's various duties.1644

       The judge also shall designate the title, compensation, 1645
expense allowances, hours, leaves of absence, and vacation of the 1646
personnel of the division and shall fix the duties of the 1647
personnel of the division. The duties of the personnel, in 1648
addition to other statutory duties, include the handling, 1649
servicing, and investigation of juvenile cases and counseling and 1650
conciliation services that may be made available to persons 1651
requesting them, whether or not the persons are parties to an 1652
action pending in the division.1653

       (3) If a judge of the court of common pleas, division of 1654
domestic relations or juvenile division, is sick, absent, or 1655
unable to perform that judge's judicial duties, or the volume of 1656
cases pending in that judge's division necessitates it, that 1657
judge's duties shall be performed by another judge of the court of 1658
common pleas.1659

       (F) In Montgomery county:1660

       (1) The judges of the court of common pleas whose terms begin 1661
on January 2, 1953, and January 4, 1977, and successors, shall 1662
have the same qualifications, exercise the same powers and 1663
jurisdiction, and receive the same compensation as other judges of 1664
the court of common pleas of Montgomery county and shall be 1665
elected and designated as judges of the court of common pleas, 1666
division of domestic relations. These judges shall have assigned 1667
to them all divorce, dissolution of marriage, legal separation, 1668
and annulment cases.1669

       The judge of the division of domestic relations, senior in 1670
point of service, shall be charged exclusively with the assignment 1671
and division of the work of the division and shall have charge of 1672
the employment and supervision of the personnel of the division 1673
engaged in handling, servicing, or investigating divorce, 1674
dissolution of marriage, legal separation, and annulment cases, 1675
including any necessary referees, except those employees who may 1676
be appointed by the judge, junior in point of service, under this 1677
section and sections 2301.12, 2301.18, and 2301.19 of the Revised 1678
Code. The judge of the division of domestic relations, senior in 1679
point of service, also shall designate the title, compensation, 1680
expense allowances, hours, leaves of absence, and vacation of the 1681
personnel of the division and shall fix their duties.1682

       (2) The judges of the court of common pleas whose terms begin 1683
on January 1, 1953, and January 1, 1993, and successors, shall 1684
have the same qualifications, exercise the same powers and 1685
jurisdiction, and receive the same compensation as other judges of 1686
the court of common pleas of Montgomery county, shall be elected 1687
and designated as judges of the court of common pleas, juvenile 1688
division, and shall be, and have the powers and jurisdiction of, 1689
the juvenile judge as provided in Chapters 2151. and 2152. of the 1690
Revised Code.1691

       In addition to the judge's regular duties, the judge of the 1692
court of common pleas, juvenile division, senior in point of 1693
service, shall be the administrator of the juvenile division and 1694
its subdivisions and departments and shall have charge of the 1695
employment, assignment, and supervision of the personnel of the 1696
juvenile division, including any necessary referees, who are 1697
engaged in handling, servicing, or investigating juvenile cases. 1698
The judge, senior in point of service, also shall designate the 1699
title, compensation, expense allowances, hours, leaves of absence, 1700
and vacation of the personnel of the division and shall fix their 1701
duties. The duties of the personnel, in addition to other 1702
statutory duties, shall include the handling, servicing, and 1703
investigation of juvenile cases and of any counseling and 1704
conciliation services that are available upon request to persons, 1705
whether or not they are parties to an action pending in the 1706
division.1707

       If one of the judges of the court of common pleas, division 1708
of domestic relations, or one of the judges of the court of common 1709
pleas, juvenile division, is sick, absent, or unable to perform 1710
that judge's duties or the volume of cases pending in that judge's 1711
division necessitates it, the duties of that judge may be 1712
performed by the judge or judges of the other of those divisions.1713

       (G) In Richland county:1714

       (1) The judge of the court of common pleas whose term begins 1715
on January 1, 1957, and successors, shall have the same 1716
qualifications, exercise the same powers and jurisdiction, and 1717
receive the same compensation as the other judges of the court of 1718
common pleas of Richland county and shall be elected and 1719
designated as judge of the court of common pleas, division of 1720
domestic relations. That judge shall be assigned and hear all 1721
divorce, dissolution of marriage, legal separation, and annulment 1722
cases, all domestic violence cases arising under section 3113.31 1723
of the Revised Code, and all post-decree proceedings arising from 1724
any case pertaining to any of those matters. The division of 1725
domestic relations has concurrent jurisdiction with the juvenile 1726
division of the court of common pleas of Richland county to 1727
determine the care, custody, or control of any child not a ward of 1728
another court of this state, and to hear and determine a request 1729
for an order for the support of any child if the request is not 1730
ancillary to an action for divorce, dissolution of marriage, 1731
annulment, or legal separation, a criminal or civil action 1732
involving an allegation of domestic violence, or an action for 1733
support brought under Chapter 3115. of the Revised Code. Except in 1734
cases that are subject to the exclusive original jurisdiction of 1735
the juvenile court, the judge of the division of domestic 1736
relations shall be assigned and hear all cases pertaining to 1737
paternity or parentage, the care, custody, or control of children, 1738
parenting time or visitation, child support, or the allocation of 1739
parental rights and responsibilities for the care of children, all 1740
proceedings arising under Chapter 3111. of the Revised Code, all 1741
proceedings arising under the uniform interstate family support 1742
act contained in Chapter 3115. of the Revised Code, and all 1743
post-decree proceedings arising from any case pertaining to any of 1744
those matters.1745

       In addition to the judge's regular duties, the judge of the 1746
court of common pleas, division of domestic relations, shall be 1747
the administrator of the domestic relations division and its 1748
subdivisions and departments. The judge shall have charge of the 1749
employment, assignment, and supervision of the personnel of the 1750
domestic relations division, including any magistrates the judge 1751
considers necessary for the discharge of the judge's duties. The 1752
judge shall also designate the title, compensation, expense 1753
allowances, hours, leaves of absence, vacation, and other 1754
employment-related matters of the personnel of the division and 1755
shall fix their duties.1756

        (2) The judge of the court of common pleas whose term begins 1757
on January 3, 2005, and successors, shall have the same 1758
qualifications, exercise the same powers and jurisdiction, and 1759
receive the same compensation as other judges of the court of 1760
common pleas of Richland county, shall be elected and designated 1761
as judge of the court of common pleas, juvenile division, and 1762
shall be, and have the powers and jurisdiction of, the juvenile 1763
judge as provided in Chapters 2151. and 2152. of the Revised Code. 1764
Except in cases that are subject to the exclusive original 1765
jurisdiction of the juvenile court, the judge of the juvenile 1766
division shall not have jurisdiction or the power to hear, and 1767
shall not be assigned, any case pertaining to paternity or 1768
parentage, the care, custody, or control of children, parenting 1769
time or visitation, child support, or the allocation of parental 1770
rights and responsibilities for the care of children or any 1771
post-decree proceeding arising from any case pertaining to any of 1772
those matters. The judge of the juvenile division shall not have 1773
jurisdiction or the power to hear, and shall not be assigned, any 1774
proceeding under the uniform interstate family support act 1775
contained in Chapter 3115. of the Revised Code.1776

       In addition to the judge's regular duties, the judge of the 1777
juvenile division shall be the administrator of the juvenile 1778
division and its subdivisions and departments. The judge shall 1779
have charge of the employment, assignment, and supervision of the 1780
personnel of the juvenile division who are engaged in handling, 1781
servicing, or investigating juvenile cases, including any 1782
magistrates whom the judge considers necessary for the discharge 1783
of the judge's various duties.1784

       The judge of the juvenile division also shall designate the 1785
title, compensation, expense allowances, hours, leaves of absence, 1786
and vacation of the personnel of the division and shall fix their 1787
duties. The duties of the personnel, in addition to other 1788
statutory duties, include the handling, servicing, and 1789
investigation of juvenile cases and providing any counseling, 1790
conciliation, and mediation services that the court makes 1791
available to persons, whether or not the persons are parties to an 1792
action pending in the court, who request the services.1793

       (H) In Stark county, the judges of the court of common pleas 1794
whose terms begin on January 1, 1953, January 2, 1959, and January 1795
1, 1993, and successors, shall have the same qualifications, 1796
exercise the same powers and jurisdiction, and receive the same 1797
compensation as other judges of the court of common pleas of Stark 1798
county and shall be elected and designated as judges of the court 1799
of common pleas, division of domestic relations. They shall have 1800
all the powers relating to juvenile courts, and all cases under 1801
Chapters 2151. and 2152. of the Revised Code, all parentage 1802
proceedings over which the juvenile court has jurisdiction, and 1803
all divorce, dissolution of marriage, legal separation, and 1804
annulment cases, except cases that are assigned to some other 1805
judge of the court of common pleas for some special reason, shall 1806
be assigned to the judges.1807

       The judge of the division of domestic relations, second most 1808
senior in point of service, shall have charge of the employment 1809
and supervision of the personnel of the division engaged in 1810
handling, servicing, or investigating divorce, dissolution of 1811
marriage, legal separation, and annulment cases, and necessary 1812
referees required for the judge's respective court.1813

       The judge of the division of domestic relations, senior in 1814
point of service, shall be charged exclusively with the 1815
administration of sections 2151.13, 2151.16, 2151.17, and 2152.71 1816
of the Revised Code and with the assignment and division of the 1817
work of the division and the employment and supervision of all 1818
other personnel of the division, including, but not limited to, 1819
that judge's necessary referees, but excepting those employees who 1820
may be appointed by the judge second most senior in point of 1821
service. The senior judge further shall serve in every other 1822
position in which the statutes permit or require a juvenile judge 1823
to serve.1824

       (I) In Summit county:1825

       (1) The judges of the court of common pleas whose terms begin 1826
on January 4, 1967, and January 6, 1993, and successors, shall 1827
have the same qualifications, exercise the same powers and 1828
jurisdiction, and receive the same compensation as other judges of 1829
the court of common pleas of Summit county and shall be elected 1830
and designated as judges of the court of common pleas, division of 1831
domestic relations. The judges of the division of domestic 1832
relations shall have assigned to them and hear all divorce, 1833
dissolution of marriage, legal separation, and annulment cases 1834
that come before the court. Except in cases that are subject to 1835
the exclusive original jurisdiction of the juvenile court, the 1836
judges of the division of domestic relations shall have assigned 1837
to them and hear all cases pertaining to paternity, custody, 1838
visitation, child support, or the allocation of parental rights 1839
and responsibilities for the care of children and all post-decree 1840
proceedings arising from any case pertaining to any of those 1841
matters. The judges of the division of domestic relations shall 1842
have assigned to them and hear all proceedings under the uniform 1843
interstate family support act contained in Chapter 3115. of the 1844
Revised Code.1845

       The judge of the division of domestic relations, senior in 1846
point of service, shall be the administrator of the domestic 1847
relations division and its subdivisions and departments and shall 1848
have charge of the employment, assignment, and supervision of the 1849
personnel of the division, including any necessary referees, who 1850
are engaged in handling, servicing, or investigating divorce, 1851
dissolution of marriage, legal separation, and annulment cases. 1852
That judge also shall designate the title, compensation, expense 1853
allowances, hours, leaves of absence, and vacations of the 1854
personnel of the division and shall fix their duties. The duties 1855
of the personnel, in addition to other statutory duties, shall 1856
include the handling, servicing, and investigation of divorce, 1857
dissolution of marriage, legal separation, and annulment cases and 1858
of any counseling and conciliation services that are available 1859
upon request to all persons, whether or not they are parties to an 1860
action pending in the division.1861

       (2) The judge of the court of common pleas whose term begins 1862
on January 1, 1955, and successors, shall have the same 1863
qualifications, exercise the same powers and jurisdiction, and 1864
receive the same compensation as other judges of the court of 1865
common pleas of Summit county, shall be elected and designated as 1866
judge of the court of common pleas, juvenile division, and shall 1867
be, and have the powers and jurisdiction of, the juvenile judge as 1868
provided in Chapters 2151. and 2152. of the Revised Code. Except 1869
in cases that are subject to the exclusive original jurisdiction 1870
of the juvenile court, the judge of the juvenile division shall 1871
not have jurisdiction or the power to hear, and shall not be 1872
assigned, any case pertaining to paternity, custody, visitation, 1873
child support, or the allocation of parental rights and 1874
responsibilities for the care of children or any post-decree 1875
proceeding arising from any case pertaining to any of those 1876
matters. The judge of the juvenile division shall not have 1877
jurisdiction or the power to hear, and shall not be assigned, any 1878
proceeding under the uniform interstate family support act 1879
contained in Chapter 3115. of the Revised Code.1880

       The juvenile judge shall be the administrator of the juvenile 1881
division and its subdivisions and departments and shall have 1882
charge of the employment, assignment, and supervision of the 1883
personnel of the juvenile division, including any necessary 1884
referees, who are engaged in handling, servicing, or investigating 1885
juvenile cases. The judge also shall designate the title, 1886
compensation, expense allowances, hours, leaves of absence, and 1887
vacation of the personnel of the division and shall fix their 1888
duties. The duties of the personnel, in addition to other 1889
statutory duties, shall include the handling, servicing, and 1890
investigation of juvenile cases and of any counseling and 1891
conciliation services that are available upon request to persons, 1892
whether or not they are parties to an action pending in the 1893
division.1894

       (J) In Trumbull county, the judges of the court of common 1895
pleas whose terms begin on January 1, 1953, and January 2, 1977, 1896
and successors, shall have the same qualifications, exercise the 1897
same powers and jurisdiction, and receive the same compensation as 1898
other judges of the court of common pleas of Trumbull county and 1899
shall be elected and designated as judges of the court of common 1900
pleas, division of domestic relations. They shall have all the 1901
powers relating to juvenile courts, and all cases under Chapters 1902
2151. and 2152. of the Revised Code, all parentage proceedings 1903
over which the juvenile court has jurisdiction, and all divorce, 1904
dissolution of marriage, legal separation, and annulment cases 1905
shall be assigned to them, except cases that for some special 1906
reason are assigned to some other judge of the court of common 1907
pleas.1908

       (K) In Butler county:1909

       (1) The judges of the court of common pleas whose terms begin 1910
on January 1, 1957, and January 4, 1993, and successors, shall 1911
have the same qualifications, exercise the same powers and 1912
jurisdiction, and receive the same compensation as other judges of 1913
the court of common pleas of Butler county and shall be elected 1914
and designated as judges of the court of common pleas, division of 1915
domestic relations. The judges of the division of domestic 1916
relations shall have assigned to them all divorce, dissolution of 1917
marriage, legal separation, and annulment cases coming before the 1918
court, except in cases that for some special reason are assigned 1919
to some other judge of the court of common pleas. The judges of 1920
the division of domestic relations also have concurrent 1921
jurisdiction with judges of the juvenile division of the court of 1922
common pleas of Butler county with respect to and may hear cases 1923
to determine the custody, support, or custody and support of a 1924
child who is born of issue of a marriage and who is not the ward 1925
of another court of this state, cases commenced by a party of the 1926
marriage to obtain an order requiring support of any child when 1927
the request for that order is not ancillary to an action for 1928
divorce, dissolution of marriage, annulment, or legal separation, 1929
a criminal or civil action involving an allegation of domestic 1930
violence, an action for support under Chapter 3115. of the Revised 1931
Code, or an action that is within the exclusive original 1932
jurisdiction of the juvenile division of the court of common pleas 1933
of Butler county and that involves an allegation that the child is 1934
an abused, neglected, or dependent child, and post-decree 1935
proceedings and matters arising from those types of cases. The 1936
judge senior in point of service shall be charged with the 1937
assignment and division of the work of the division and with the 1938
employment and supervision of all other personnel of the domestic 1939
relations division.1940

       The judge senior in point of service also shall designate the 1941
title, compensation, expense allowances, hours, leaves of absence, 1942
and vacations of the personnel of the division and shall fix their 1943
duties. The duties of the personnel, in addition to other 1944
statutory duties, shall include the handling, servicing, and 1945
investigation of divorce, dissolution of marriage, legal 1946
separation, and annulment cases and providing any counseling and 1947
conciliation services that the division makes available to 1948
persons, whether or not the persons are parties to an action 1949
pending in the division, who request the services.1950

       (2) The judges of the court of common pleas whose terms begin 1951
on January 3, 1987, and January 2, 2003, and successors, shall 1952
have the same qualifications, exercise the same powers and 1953
jurisdiction, and receive the same compensation as other judges of 1954
the court of common pleas of Butler county, shall be elected and 1955
designated as judges of the court of common pleas, juvenile 1956
division, and shall be the juvenile judges as provided in Chapters 1957
2151. and 2152. of the Revised Code, with the powers and 1958
jurisdictions conferred by those chapters. Except in cases that 1959
are subject to the exclusive original jurisdiction of the juvenile 1960
court, the judges of the juvenile division shall not have 1961
jurisdiction or the power to hear and shall not be assigned, but 1962
shall have the limited ability and authority to certify, any case 1963
commenced by a party of a marriage to determine the custody, 1964
support, or custody and support of a child who is born of issue of 1965
the marriage and who is not the ward of another court of this 1966
state when the request for the order in the case is not ancillary 1967
to an action for divorce, dissolution of marriage, annulment, or 1968
legal separation. The judge of the court of common pleas, juvenile 1969
division, who is senior in point of service, shall be the 1970
administrator of the juvenile division and its subdivisions and 1971
departments. The judge, senior in point of service, shall have 1972
charge of the employment, assignment, and supervision of the 1973
personnel of the juvenile division who are engaged in handling, 1974
servicing, or investigating juvenile cases, including any referees 1975
whom the judge considers necessary for the discharge of the 1976
judge's various duties.1977

       The judge, senior in point of service, also shall designate 1978
the title, compensation, expense allowances, hours, leaves of 1979
absence, and vacation of the personnel of the division and shall 1980
fix their duties. The duties of the personnel, in addition to 1981
other statutory duties, include the handling, servicing, and 1982
investigation of juvenile cases and providing any counseling and 1983
conciliation services that the division makes available to 1984
persons, whether or not the persons are parties to an action 1985
pending in the division, who request the services.1986

       (3) If a judge of the court of common pleas, division of 1987
domestic relations or juvenile division, is sick, absent, or 1988
unable to perform that judge's judicial duties or the volume of 1989
cases pending in the judge's division necessitates it, the duties 1990
of that judge shall be performed by the other judges of the 1991
domestic relations and juvenile divisions.1992

       (L)(1) In Cuyahoga county, the judges of the court of common 1993
pleas whose terms begin on January 8, 1961, January 9, 1961, 1994
January 18, 1975, January 19, 1975, and January 13, 1987, and 1995
successors, shall have the same qualifications, exercise the same 1996
powers and jurisdiction, and receive the same compensation as 1997
other judges of the court of common pleas of Cuyahoga county and 1998
shall be elected and designated as judges of the court of common 1999
pleas, division of domestic relations. They shall have all the 2000
powers relating to all divorce, dissolution of marriage, legal 2001
separation, and annulment cases, except in cases that are assigned 2002
to some other judge of the court of common pleas for some special 2003
reason.2004

       (2) The administrative judge is administrator of the domestic 2005
relations division and its subdivisions and departments and has 2006
the following powers concerning division personnel:2007

       (a) Full charge of the employment, assignment, and 2008
supervision;2009

       (b) Sole determination of compensation, duties, expenses, 2010
allowances, hours, leaves, and vacations.2011

       (3) "Division personnel" include persons employed or referees 2012
engaged in hearing, servicing, investigating, counseling, or 2013
conciliating divorce, dissolution of marriage, legal separation 2014
and annulment matters.2015

       (M) In Lake county:2016

       (1) The judge of the court of common pleas whose term begins 2017
on January 2, 1961, and successors, shall have the same 2018
qualifications, exercise the same powers and jurisdiction, and 2019
receive the same compensation as the other judges of the court of 2020
common pleas of Lake county and shall be elected and designated as 2021
judge of the court of common pleas, division of domestic 2022
relations. The judge shall be assigned all the divorce, 2023
dissolution of marriage, legal separation, and annulment cases 2024
coming before the court, except in cases that for some special 2025
reason are assigned to some other judge of the court of common 2026
pleas. The judge shall be charged with the assignment and division 2027
of the work of the division and with the employment and 2028
supervision of all other personnel of the domestic relations 2029
division.2030

       The judge also shall designate the title, compensation, 2031
expense allowances, hours, leaves of absence, and vacations of the 2032
personnel of the division and shall fix their duties. The duties 2033
of the personnel, in addition to other statutory duties, shall 2034
include the handling, servicing, and investigation of divorce, 2035
dissolution of marriage, legal separation, and annulment cases and 2036
providing any counseling and conciliation services that the 2037
division makes available to persons, whether or not the persons 2038
are parties to an action pending in the division, who request the 2039
services.2040

       (2) The judge of the court of common pleas whose term begins 2041
on January 4, 1979, and successors, shall have the same 2042
qualifications, exercise the same powers and jurisdiction, and 2043
receive the same compensation as other judges of the court of 2044
common pleas of Lake county, shall be elected and designated as 2045
judge of the court of common pleas, juvenile division, and shall 2046
be the juvenile judge as provided in Chapters 2151. and 2152. of 2047
the Revised Code, with the powers and jurisdictions conferred by 2048
those chapters. The judge of the court of common pleas, juvenile 2049
division, shall be the administrator of the juvenile division and 2050
its subdivisions and departments. The judge shall have charge of 2051
the employment, assignment, and supervision of the personnel of 2052
the juvenile division who are engaged in handling, servicing, or 2053
investigating juvenile cases, including any referees whom the 2054
judge considers necessary for the discharge of the judge's various 2055
duties.2056

       The judge also shall designate the title, compensation, 2057
expense allowances, hours, leaves of absence, and vacation of the 2058
personnel of the division and shall fix their duties. The duties 2059
of the personnel, in addition to other statutory duties, include 2060
the handling, servicing, and investigation of juvenile cases and 2061
providing any counseling and conciliation services that the 2062
division makes available to persons, whether or not the persons 2063
are parties to an action pending in the division, who request the 2064
services.2065

       (3) If a judge of the court of common pleas, division of 2066
domestic relations or juvenile division, is sick, absent, or 2067
unable to perform that judge's judicial duties or the volume of 2068
cases pending in the judge's division necessitates it, the duties 2069
of that judge shall be performed by the other judges of the 2070
domestic relations and juvenile divisions.2071

       (N) In Erie county:2072

       (1) The judge of the court of common pleas whose term begins 2073
on January 2, 1971, and the successors to that judge whose terms 2074
begin before January 2, 2007, shall have the same qualifications, 2075
exercise the same powers and jurisdiction, and receive the same 2076
compensation as the other judge of the court of common pleas of 2077
Erie county and shall be elected and designated as judge of the 2078
court of common pleas, division of domestic relations. The judge 2079
shall have all the powers relating to juvenile courts, and shall 2080
be assigned all cases under Chapters 2151. and 2152. of the 2081
Revised Code, parentage proceedings over which the juvenile court 2082
has jurisdiction, and divorce, dissolution of marriage, legal 2083
separation, and annulment cases, except cases that for some 2084
special reason are assigned to some other judge.2085

        On or after January 2, 2007, the judge of the court of common 2086
pleas who is elected in 2006 shall be the successor to the judge 2087
of the domestic relations division whose term expires on January 2088
1, 2007, shall be designated as judge of the court of common 2089
pleas, juvenile division, and shall be the juvenile judge as 2090
provided in Chapters 2151. and 2152. of the Revised Code with the 2091
powers and jurisdictions conferred by those chapters.2092

        (2) The judge of the court of common pleas, general division, 2093
whose term begins on January 1, 2005, and successors, the judge of 2094
the court of common pleas, general division whose term begins on 2095
January 2, 2005, and successors, and the judge of the court of 2096
common pleas, general division, whose term begins February 9, 2097
2009, and successors, shall have assigned to them, in addition to 2098
all matters that are within the jurisdiction of the general 2099
division of the court of common pleas, all divorce, dissolution of 2100
marriage, legal separation, and annulment cases coming before the 2101
court, and all matters that are within the jurisdiction of the 2102
probate court under Chapter 2101., and other provisions, of the 2103
Revised Code.2104

       (O) In Greene county:2105

       (1) The judge of the court of common pleas whose term begins 2106
on January 1, 1961, and successors, shall have the same 2107
qualifications, exercise the same powers and jurisdiction, and 2108
receive the same compensation as the other judges of the court of 2109
common pleas of Greene county and shall be elected and designated 2110
as the judge of the court of common pleas, division of domestic 2111
relations. The judge shall be assigned all divorce, dissolution of 2112
marriage, legal separation, annulment, uniform reciprocal support 2113
enforcement, and domestic violence cases and all other cases 2114
related to domestic relations, except cases that for some special 2115
reason are assigned to some other judge of the court of common 2116
pleas.2117

       The judge shall be charged with the assignment and division 2118
of the work of the division and with the employment and 2119
supervision of all other personnel of the division. The judge also 2120
shall designate the title, compensation, hours, leaves of absence, 2121
and vacations of the personnel of the division and shall fix their 2122
duties. The duties of the personnel of the division, in addition 2123
to other statutory duties, shall include the handling, servicing, 2124
and investigation of divorce, dissolution of marriage, legal 2125
separation, and annulment cases and the provision of counseling 2126
and conciliation services that the division considers necessary 2127
and makes available to persons who request the services, whether 2128
or not the persons are parties in an action pending in the 2129
division. The compensation for the personnel shall be paid from 2130
the overall court budget and shall be included in the 2131
appropriations for the existing judges of the general division of 2132
the court of common pleas.2133

       (2) The judge of the court of common pleas whose term begins 2134
on January 1, 1995, and successors, shall have the same 2135
qualifications, exercise the same powers and jurisdiction, and 2136
receive the same compensation as the other judges of the court of 2137
common pleas of Greene county, shall be elected and designated as 2138
judge of the court of common pleas, juvenile division, and, on or 2139
after January 1, 1995, shall be the juvenile judge as provided in 2140
Chapters 2151. and 2152. of the Revised Code with the powers and 2141
jurisdiction conferred by those chapters. The judge of the court 2142
of common pleas, juvenile division, shall be the administrator of 2143
the juvenile division and its subdivisions and departments. The 2144
judge shall have charge of the employment, assignment, and 2145
supervision of the personnel of the juvenile division who are 2146
engaged in handling, servicing, or investigating juvenile cases, 2147
including any referees whom the judge considers necessary for the 2148
discharge of the judge's various duties.2149

       The judge also shall designate the title, compensation, 2150
expense allowances, hours, leaves of absence, and vacation of the 2151
personnel of the division and shall fix their duties. The duties 2152
of the personnel, in addition to other statutory duties, include 2153
the handling, servicing, and investigation of juvenile cases and 2154
providing any counseling and conciliation services that the court 2155
makes available to persons, whether or not the persons are parties 2156
to an action pending in the court, who request the services.2157

       (3) If one of the judges of the court of common pleas, 2158
general division, is sick, absent, or unable to perform that 2159
judge's judicial duties or the volume of cases pending in the 2160
general division necessitates it, the duties of that judge of the 2161
general division shall be performed by the judge of the division 2162
of domestic relations and the judge of the juvenile division.2163

       (P) In Portage county, the judge of the court of common 2164
pleas, whose term begins January 2, 1987, and successors, shall 2165
have the same qualifications, exercise the same powers and 2166
jurisdiction, and receive the same compensation as the other 2167
judges of the court of common pleas of Portage county and shall be 2168
elected and designated as judge of the court of common pleas, 2169
division of domestic relations. The judge shall be assigned all 2170
divorce, dissolution of marriage, legal separation, and annulment 2171
cases coming before the court, except in cases that for some 2172
special reason are assigned to some other judge of the court of 2173
common pleas. The judge shall be charged with the assignment and 2174
division of the work of the division and with the employment and 2175
supervision of all other personnel of the domestic relations 2176
division.2177

       The judge also shall designate the title, compensation, 2178
expense allowances, hours, leaves of absence, and vacations of the 2179
personnel of the division and shall fix their duties. The duties 2180
of the personnel, in addition to other statutory duties, shall 2181
include the handling, servicing, and investigation of divorce, 2182
dissolution of marriage, legal separation, and annulment cases and 2183
providing any counseling and conciliation services that the 2184
division makes available to persons, whether or not the persons 2185
are parties to an action pending in the division, who request the 2186
services.2187

       (Q) In Clermont county, the judge of the court of common 2188
pleas, whose term begins January 2, 1987, and successors, shall 2189
have the same qualifications, exercise the same powers and 2190
jurisdiction, and receive the same compensation as the other 2191
judges of the court of common pleas of Clermont county and shall 2192
be elected and designated as judge of the court of common pleas, 2193
division of domestic relations. The judge shall be assigned all 2194
divorce, dissolution of marriage, legal separation, and annulment 2195
cases coming before the court, except in cases that for some 2196
special reason are assigned to some other judge of the court of 2197
common pleas. The judge shall be charged with the assignment and 2198
division of the work of the division and with the employment and 2199
supervision of all other personnel of the domestic relations 2200
division.2201

       The judge also shall designate the title, compensation, 2202
expense allowances, hours, leaves of absence, and vacations of the 2203
personnel of the division and shall fix their duties. The duties 2204
of the personnel, in addition to other statutory duties, shall 2205
include the handling, servicing, and investigation of divorce, 2206
dissolution of marriage, legal separation, and annulment cases and 2207
providing any counseling and conciliation services that the 2208
division makes available to persons, whether or not the persons 2209
are parties to an action pending in the division, who request the 2210
services.2211

       (R) In Warren county, the judge of the court of common pleas, 2212
whose term begins January 1, 1987, and successors, shall have the 2213
same qualifications, exercise the same powers and jurisdiction, 2214
and receive the same compensation as the other judges of the court 2215
of common pleas of Warren county and shall be elected and 2216
designated as judge of the court of common pleas, division of 2217
domestic relations. The judge shall be assigned all divorce, 2218
dissolution of marriage, legal separation, and annulment cases 2219
coming before the court, except in cases that for some special 2220
reason are assigned to some other judge of the court of common 2221
pleas. The judge shall be charged with the assignment and division 2222
of the work of the division and with the employment and 2223
supervision of all other personnel of the domestic relations 2224
division.2225

       The judge also shall designate the title, compensation, 2226
expense allowances, hours, leaves of absence, and vacations of the 2227
personnel of the division and shall fix their duties. The duties 2228
of the personnel, in addition to other statutory duties, shall 2229
include the handling, servicing, and investigation of divorce, 2230
dissolution of marriage, legal separation, and annulment cases and 2231
providing any counseling and conciliation services that the 2232
division makes available to persons, whether or not the persons 2233
are parties to an action pending in the division, who request the 2234
services.2235

       (S) In Licking county, the judges of the court of common 2236
pleas, whose terms begin on January 1, 1991, and January 1, 2005, 2237
and successors, shall have the same qualifications, exercise the 2238
same powers and jurisdiction, and receive the same compensation as 2239
the other judges of the court of common pleas of Licking county 2240
and shall be elected and designated as judges of the court of 2241
common pleas, division of domestic relations. The judges shall be 2242
assigned all divorce, dissolution of marriage, legal separation, 2243
and annulment cases, all cases arising under Chapter 3111. of the 2244
Revised Code, all proceedings involving child support, the 2245
allocation of parental rights and responsibilities for the care of 2246
children and the designation for the children of a place of 2247
residence and legal custodian, parenting time, and visitation, and 2248
all post-decree proceedings and matters arising from those cases 2249
and proceedings, except in cases that for some special reason are 2250
assigned to another judge of the court of common pleas. The 2251
administrative judge of the division of domestic relations shall 2252
be charged with the assignment and division of the work of the 2253
division and with the employment and supervision of the personnel 2254
of the division.2255

       The administrative judge of the division of domestic 2256
relations shall designate the title, compensation, expense 2257
allowances, hours, leaves of absence, and vacations of the 2258
personnel of the division and shall fix the duties of the 2259
personnel of the division. The duties of the personnel of the 2260
division, in addition to other statutory duties, shall include the 2261
handling, servicing, and investigation of divorce, dissolution of 2262
marriage, legal separation, and annulment cases, cases arising 2263
under Chapter 3111. of the Revised Code, and proceedings involving 2264
child support, the allocation of parental rights and 2265
responsibilities for the care of children and the designation for 2266
the children of a place of residence and legal custodian, 2267
parenting time, and visitation and providing any counseling and 2268
conciliation services that the division makes available to 2269
persons, whether or not the persons are parties to an action 2270
pending in the division, who request the services.2271

       (T) In Allen county, the judge of the court of common pleas, 2272
whose term begins January 1, 1993, and successors, shall have the 2273
same qualifications, exercise the same powers and jurisdiction, 2274
and receive the same compensation as the other judges of the court 2275
of common pleas of Allen county and shall be elected and 2276
designated as judge of the court of common pleas, division of 2277
domestic relations. The judge shall be assigned all divorce, 2278
dissolution of marriage, legal separation, and annulment cases, 2279
all cases arising under Chapter 3111. of the Revised Code, all 2280
proceedings involving child support, the allocation of parental 2281
rights and responsibilities for the care of children and the 2282
designation for the children of a place of residence and legal 2283
custodian, parenting time, and visitation, and all post-decree 2284
proceedings and matters arising from those cases and proceedings, 2285
except in cases that for some special reason are assigned to 2286
another judge of the court of common pleas. The judge shall be 2287
charged with the assignment and division of the work of the 2288
division and with the employment and supervision of the personnel 2289
of the division.2290

       The judge shall designate the title, compensation, expense 2291
allowances, hours, leaves of absence, and vacations of the 2292
personnel of the division and shall fix the duties of the 2293
personnel of the division. The duties of the personnel of the 2294
division, in addition to other statutory duties, shall include the 2295
handling, servicing, and investigation of divorce, dissolution of 2296
marriage, legal separation, and annulment cases, cases arising 2297
under Chapter 3111. of the Revised Code, and proceedings involving 2298
child support, the allocation of parental rights and 2299
responsibilities for the care of children and the designation for 2300
the children of a place of residence and legal custodian, 2301
parenting time, and visitation, and providing any counseling and 2302
conciliation services that the division makes available to 2303
persons, whether or not the persons are parties to an action 2304
pending in the division, who request the services.2305

       (U) In Medina county, the judge of the court of common pleas 2306
whose term begins January 1, 1995, and successors, shall have the 2307
same qualifications, exercise the same powers and jurisdiction, 2308
and receive the same compensation as other judges of the court of 2309
common pleas of Medina county and shall be elected and designated 2310
as judge of the court of common pleas, division of domestic 2311
relations. The judge shall be assigned all divorce, dissolution of 2312
marriage, legal separation, and annulment cases, all cases arising 2313
under Chapter 3111. of the Revised Code, all proceedings involving 2314
child support, the allocation of parental rights and 2315
responsibilities for the care of children and the designation for 2316
the children of a place of residence and legal custodian, 2317
parenting time, and visitation, and all post-decree proceedings 2318
and matters arising from those cases and proceedings, except in 2319
cases that for some special reason are assigned to another judge 2320
of the court of common pleas. The judge shall be charged with the 2321
assignment and division of the work of the division and with the 2322
employment and supervision of the personnel of the division.2323

       The judge shall designate the title, compensation, expense 2324
allowances, hours, leaves of absence, and vacations of the 2325
personnel of the division and shall fix the duties of the 2326
personnel of the division. The duties of the personnel, in 2327
addition to other statutory duties, include the handling, 2328
servicing, and investigation of divorce, dissolution of marriage, 2329
legal separation, and annulment cases, cases arising under Chapter 2330
3111. of the Revised Code, and proceedings involving child 2331
support, the allocation of parental rights and responsibilities 2332
for the care of children and the designation for the children of a 2333
place of residence and legal custodian, parenting time, and 2334
visitation, and providing counseling and conciliation services 2335
that the division makes available to persons, whether or not the 2336
persons are parties to an action pending in the division, who 2337
request the services.2338

       (V) In Fairfield county, the judge of the court of common 2339
pleas whose term begins January 2, 1995, and successors, shall 2340
have the same qualifications, exercise the same powers and 2341
jurisdiction, and receive the same compensation as the other 2342
judges of the court of common pleas of Fairfield county and shall 2343
be elected and designated as judge of the court of common pleas, 2344
division of domestic relations. The judge shall be assigned all 2345
divorce, dissolution of marriage, legal separation, and annulment 2346
cases, all cases arising under Chapter 3111. of the Revised Code, 2347
all proceedings involving child support, the allocation of 2348
parental rights and responsibilities for the care of children and 2349
the designation for the children of a place of residence and legal 2350
custodian, parenting time, and visitation, and all post-decree 2351
proceedings and matters arising from those cases and proceedings, 2352
except in cases that for some special reason are assigned to 2353
another judge of the court of common pleas. The judge also has 2354
concurrent jurisdiction with the probate-juvenile division of the 2355
court of common pleas of Fairfield county with respect to and may 2356
hear cases to determine the custody of a child, as defined in 2357
section 2151.011 of the Revised Code, who is not the ward of 2358
another court of this state, cases that are commenced by a parent, 2359
guardian, or custodian of a child, as defined in section 2151.011 2360
of the Revised Code, to obtain an order requiring a parent of the 2361
child to pay child support for that child when the request for 2362
that order is not ancillary to an action for divorce, dissolution 2363
of marriage, annulment, or legal separation, a criminal or civil 2364
action involving an allegation of domestic violence, an action for 2365
support under Chapter 3115. of the Revised Code, or an action that 2366
is within the exclusive original jurisdiction of the 2367
probate-juvenile division of the court of common pleas of 2368
Fairfield county and that involves an allegation that the child is 2369
an abused, neglected, or dependent child, and post-decree 2370
proceedings and matters arising from those types of cases.2371

       The judge of the domestic relations division shall be charged 2372
with the assignment and division of the work of the division and 2373
with the employment and supervision of the personnel of the 2374
division.2375

       The judge shall designate the title, compensation, expense 2376
allowances, hours, leaves of absence, and vacations of the 2377
personnel of the division and shall fix the duties of the 2378
personnel of the division. The duties of the personnel of the 2379
division, in addition to other statutory duties, shall include the 2380
handling, servicing, and investigation of divorce, dissolution of 2381
marriage, legal separation, and annulment cases, cases arising 2382
under Chapter 3111. of the Revised Code, and proceedings involving 2383
child support, the allocation of parental rights and 2384
responsibilities for the care of children and the designation for 2385
the children of a place of residence and legal custodian, 2386
parenting time, and visitation, and providing any counseling and 2387
conciliation services that the division makes available to 2388
persons, regardless of whether the persons are parties to an 2389
action pending in the division, who request the services. When the 2390
judge hears a case to determine the custody of a child, as defined 2391
in section 2151.011 of the Revised Code, who is not the ward of 2392
another court of this state or a case that is commenced by a 2393
parent, guardian, or custodian of a child, as defined in section 2394
2151.011 of the Revised Code, to obtain an order requiring a 2395
parent of the child to pay child support for that child when the 2396
request for that order is not ancillary to an action for divorce, 2397
dissolution of marriage, annulment, or legal separation, a 2398
criminal or civil action involving an allegation of domestic 2399
violence, an action for support under Chapter 3115. of the Revised 2400
Code, or an action that is within the exclusive original 2401
jurisdiction of the probate-juvenile division of the court of 2402
common pleas of Fairfield county and that involves an allegation 2403
that the child is an abused, neglected, or dependent child, the 2404
duties of the personnel of the domestic relations division also 2405
include the handling, servicing, and investigation of those types 2406
of cases.2407

       (W)(1) In Clark county, the judge of the court of common 2408
pleas whose term begins on January 2, 1995, and successors, shall 2409
have the same qualifications, exercise the same powers and 2410
jurisdiction, and receive the same compensation as other judges of 2411
the court of common pleas of Clark county and shall be elected and 2412
designated as judge of the court of common pleas, domestic 2413
relations division. The judge shall have all the powers relating 2414
to juvenile courts, and all cases under Chapters 2151. and 2152. 2415
of the Revised Code and all parentage proceedings under Chapter 2416
3111. of the Revised Code over which the juvenile court has 2417
jurisdiction shall be assigned to the judge of the division of 2418
domestic relations. All divorce, dissolution of marriage, legal 2419
separation, annulment, uniform reciprocal support enforcement, and 2420
other cases related to domestic relations shall be assigned to the 2421
domestic relations division, and the presiding judge of the court 2422
of common pleas shall assign the cases to the judge of the 2423
domestic relations division and the judges of the general 2424
division.2425

       (2) In addition to the judge's regular duties, the judge of 2426
the division of domestic relations shall serve on the children 2427
services board and the county advisory board.2428

       (3) If the judge of the court of common pleas of Clark 2429
county, division of domestic relations, is sick, absent, or unable 2430
to perform that judge's judicial duties or if the presiding judge 2431
of the court of common pleas of Clark county determines that the 2432
volume of cases pending in the division of domestic relations 2433
necessitates it, the duties of the judge of the division of 2434
domestic relations shall be performed by the judges of the general 2435
division or probate division of the court of common pleas of Clark 2436
county, as assigned for that purpose by the presiding judge of 2437
that court, and the judges so assigned shall act in conjunction 2438
with the judge of the division of domestic relations of that 2439
court.2440

       (X) In Scioto county, the judge of the court of common pleas 2441
whose term begins January 2, 1995, and successors, shall have the 2442
same qualifications, exercise the same powers and jurisdiction, 2443
and receive the same compensation as other judges of the court of 2444
common pleas of Scioto county and shall be elected and designated 2445
as judge of the court of common pleas, division of domestic 2446
relations. The judge shall be assigned all divorce, dissolution of 2447
marriage, legal separation, and annulment cases, all cases arising 2448
under Chapter 3111. of the Revised Code, all proceedings involving 2449
child support, the allocation of parental rights and 2450
responsibilities for the care of children and the designation for 2451
the children of a place of residence and legal custodian, 2452
parenting time, visitation, and all post-decree proceedings and 2453
matters arising from those cases and proceedings, except in cases 2454
that for some special reason are assigned to another judge of the 2455
court of common pleas. The judge shall be charged with the 2456
assignment and division of the work of the division and with the 2457
employment and supervision of the personnel of the division.2458

       The judge shall designate the title, compensation, expense 2459
allowances, hours, leaves of absence, and vacations of the 2460
personnel of the division and shall fix the duties of the 2461
personnel of the division. The duties of the personnel, in 2462
addition to other statutory duties, include the handling, 2463
servicing, and investigation of divorce, dissolution of marriage, 2464
legal separation, and annulment cases, cases arising under Chapter 2465
3111. of the Revised Code, and proceedings involving child 2466
support, the allocation of parental rights and responsibilities 2467
for the care of children and the designation for the children of a 2468
place of residence and legal custodian, parenting time, and 2469
visitation, and providing counseling and conciliation services 2470
that the division makes available to persons, whether or not the 2471
persons are parties to an action pending in the division, who 2472
request the services.2473

       (Y) In Auglaize county, the judge of the probate and juvenile 2474
divisions of the Auglaize county court of common pleas also shall 2475
be the administrative judge of the domestic relations division of 2476
the court and shall be assigned all divorce, dissolution of 2477
marriage, legal separation, and annulment cases coming before the 2478
court. The judge shall have all powers as administrator of the 2479
domestic relations division and shall have charge of the personnel 2480
engaged in handling, servicing, or investigating divorce, 2481
dissolution of marriage, legal separation, and annulment cases, 2482
including any referees considered necessary for the discharge of 2483
the judge's various duties.2484

       (Z)(1) In Marion county, the judge of the court of common 2485
pleas whose term begins on February 9, 1999, and the successors to 2486
that judge, shall have the same qualifications, exercise the same 2487
powers and jurisdiction, and receive the same compensation as the 2488
other judges of the court of common pleas of Marion county and 2489
shall be elected and designated as judge of the court of common 2490
pleas, domestic relations-juvenile-probate division. Except as 2491
otherwise specified in this division, that judge, and the 2492
successors to that judge, shall have all the powers relating to 2493
juvenile courts, and all cases under Chapters 2151. and 2152. of 2494
the Revised Code, all cases arising under Chapter 3111. of the 2495
Revised Code, all divorce, dissolution of marriage, legal 2496
separation, and annulment cases, all proceedings involving child 2497
support, the allocation of parental rights and responsibilities 2498
for the care of children and the designation for the children of a 2499
place of residence and legal custodian, parenting time, and 2500
visitation, and all post-decree proceedings and matters arising 2501
from those cases and proceedings shall be assigned to that judge 2502
and the successors to that judge. Except as provided in division 2503
(Z)(2) of this section and notwithstanding any other provision of 2504
any section of the Revised Code, on and after February 9, 2003, 2505
the judge of the court of common pleas of Marion county whose term 2506
begins on February 9, 1999, and the successors to that judge, 2507
shall have all the powers relating to the probate division of the 2508
court of common pleas of Marion county in addition to the powers 2509
previously specified in this division, and shall exercise 2510
concurrent jurisdiction with the judge of the probate division of 2511
that court over all matters that are within the jurisdiction of 2512
the probate division of that court under Chapter 2101., and other 2513
provisions, of the Revised Code in addition to the jurisdiction of 2514
the domestic relations-juvenile-probate division of that court 2515
otherwise specified in division (Z)(1) of this section.2516

       (2) The judge of the domestic relations-juvenile-probate 2517
division of the court of common pleas of Marion county or the 2518
judge of the probate division of the court of common pleas of 2519
Marion county, whichever of those judges is senior in total length 2520
of service on the court of common pleas of Marion county, 2521
regardless of the division or divisions of service, shall serve as 2522
the clerk of the probate division of the court of common pleas of 2523
Marion county.2524

       (3) On and after February 9, 2003, all references in law to 2525
"the probate court," "the probate judge," "the juvenile court," or 2526
"the judge of the juvenile court" shall be construed, with respect 2527
to Marion county, as being references to both "the probate 2528
division" and "the domestic relations-juvenile-probate division" 2529
and as being references to both "the judge of the probate 2530
division" and "the judge of the domestic relations- 2531
juvenile-probate division." On and after February 9, 2003, all 2532
references in law to "the clerk of the probate court" shall be 2533
construed, with respect to Marion county, as being references to 2534
the judge who is serving pursuant to division (Z)(2) of this 2535
section as the clerk of the probate division of the court of 2536
common pleas of Marion county.2537

       (AA) In Muskingum county, the judge of the court of common 2538
pleas whose term begins on January 2, 2003, and successors, shall 2539
have the same qualifications, exercise the same powers and 2540
jurisdiction, and receive the same compensation as the other 2541
judges of the court of common pleas of Muskingum county and shall 2542
be elected and designated as the judge of the court of common 2543
pleas, division of domestic relations. The judge shall be assigned 2544
all divorce, dissolution of marriage, legal separation, and 2545
annulment cases, all cases arising under Chapter 3111. of the 2546
Revised Code, all proceedings involving child support, the 2547
allocation of parental rights and responsibilities for the care of 2548
children and the designation for the children of a place of 2549
residence and legal custodian, parenting time, and visitation, and 2550
all post-decree proceedings and matters arising from those cases 2551
and proceedings, except in cases that for some special reason are 2552
assigned to another judge of the court of common pleas. The judge 2553
shall be charged with the assignment and division of the work of 2554
the division and with the employment and supervision of the 2555
personnel of the division.2556

       The judge shall designate the title, compensation, expense 2557
allowances, hours, leaves of absence, and vacations of the 2558
personnel of the division and shall fix the duties of the 2559
personnel of the division. The duties of the personnel of the 2560
division, in addition to other statutory duties, shall include the 2561
handling, servicing, and investigation of divorce, dissolution of 2562
marriage, legal separation, and annulment cases, cases arising 2563
under Chapter 3111. of the Revised Code, and proceedings involving 2564
child support, the allocation of parental rights and 2565
responsibilities for the care of children and the designation for 2566
the children of a place of residence and legal custodian, 2567
parenting time, and visitation and providing any counseling and 2568
conciliation services that the division makes available to 2569
persons, whether or not the persons are parties to an action 2570
pending in the division, who request the services.2571

       (BB) In Henry county, the judge of the court of common pleas 2572
whose term begins on January 1, 2005, and successors, shall have 2573
the same qualifications, exercise the same powers and 2574
jurisdiction, and receive the same compensation as the other judge 2575
of the court of common pleas of Henry county and shall be elected 2576
and designated as the judge of the court of common pleas, division 2577
of domestic relations. The judge shall have all of the powers 2578
relating to juvenile courts, and all cases under Chapter 2151. or 2579
2152. of the Revised Code, all parentage proceedings arising under 2580
Chapter 3111. of the Revised Code over which the juvenile court 2581
has jurisdiction, all divorce, dissolution of marriage, legal 2582
separation, and annulment cases, all proceedings involving child 2583
support, the allocation of parental rights and responsibilities 2584
for the care of children and the designation for the children of a 2585
place of residence and legal custodian, parenting time, and 2586
visitation, and all post-decree proceedings and matters arising 2587
from those cases and proceedings shall be assigned to that judge, 2588
except in cases that for some special reason are assigned to the 2589
other judge of the court of common pleas.2590

       (CC)(1) In Logan county, the judge of the court of common 2591
pleas whose term begins January 2, 2005, and the successors to 2592
that judge, shall have the same qualifications, exercise the same 2593
powers and jurisdiction, and receive the same compensation as the 2594
other judges of the court of common pleas of Logan county and 2595
shall be elected and designated as judge of the court of common 2596
pleas, domestic relations-juvenile-probate division. Except as 2597
otherwise specified in this division, that judge, and the 2598
successors to that judge, shall have all the powers relating to 2599
juvenile courts, and all cases under Chapters 2151. and 2152. of 2600
the Revised Code, all cases arising under Chapter 3111. of the 2601
Revised Code, all divorce, dissolution of marriage, legal 2602
separation, and annulment cases, all proceedings involving child 2603
support, the allocation of parental rights and responsibilities 2604
for the care of children and designation for the children of a 2605
place of residence and legal custodian, parenting time, and 2606
visitation, and all post-decree proceedings and matters arising 2607
from those cases and proceedings shall be assigned to that judge 2608
and the successors to that judge. Notwithstanding any other 2609
provision of any section of the Revised Code, on and after January 2610
2, 2005, the judge of the court of common pleas of Logan county 2611
whose term begins on January 2, 2005, and the successors to that 2612
judge, shall have all the powers relating to the probate division 2613
of the court of common pleas of Logan county in addition to the 2614
powers previously specified in this division and shall exercise 2615
concurrent jurisdiction with the judge of the probate division of 2616
that court over all matters that are within the jurisdiction of 2617
the probate division of that court under Chapter 2101., and other 2618
provisions, of the Revised Code in addition to the jurisdiction of 2619
the domestic relations-juvenile-probate division of that court 2620
otherwise specified in division (CC)(1) of this section.2621

        (2) The judge of the domestic relations-juvenile-probate 2622
division of the court of common pleas of Logan county or the 2623
probate judge of the court of common pleas of Logan county who is 2624
elected as the administrative judge of the probate division of the 2625
court of common pleas of Logan county pursuant to Rule 4 of the 2626
Rules of Superintendence shall be the clerk of the probate 2627
division and juvenile division of the court of common pleas of 2628
Logan county. The clerk of the court of common pleas who is 2629
elected pursuant to section 2303.01 of the Revised Code shall keep 2630
all of the journals, records, books, papers, and files pertaining 2631
to the domestic relations cases.2632

        (3) On and after January 2, 2005, all references in law to 2633
"the probate court," "the probate judge," "the juvenile court," or 2634
"the judge of the juvenile court" shall be construed, with respect 2635
to Logan county, as being references to both "the probate 2636
division" and the "domestic relations-juvenile-probate division" 2637
and as being references to both "the judge of the probate 2638
division" and the "judge of the domestic 2639
relations-juvenile-probate division." On and after January 2, 2640
2005, all references in law to "the clerk of the probate court" 2641
shall be construed, with respect to Logan county, as being 2642
references to the judge who is serving pursuant to division 2643
(CC)(2) of this section as the clerk of the probate division of 2644
the court of common pleas of Logan county.2645

       (DD)(1) In Champaign county, the judge of the court of common 2646
pleas whose term begins February 9, 2003, and the judge of the 2647
court of common pleas whose term begins February 10, 2009, and the 2648
successors to those judges, shall have the same qualifications, 2649
exercise the same powers and jurisdiction, and receive the same 2650
compensation as the other judges of the court of common pleas of 2651
Champaign county and shall be elected and designated as judges of 2652
the court of common pleas, domestic relations-juvenile-probate 2653
division. Except as otherwise specified in this division, those 2654
judges, and the successors to those judges, shall have all the 2655
powers relating to juvenile courts, and all cases under Chapters 2656
2151. and 2152. of the Revised Code, all cases arising under 2657
Chapter 3111. of the Revised Code, all divorce, dissolution of 2658
marriage, legal separation, and annulment cases, all proceedings 2659
involving child support, the allocation of parental rights and 2660
responsibilities for the care of children and the designation for 2661
the children of a place of residence and legal custodian, 2662
parenting time, and visitation, and all post-decree proceedings 2663
and matters arising from those cases and proceedings shall be 2664
assigned to those judges and the successors to those judges. 2665
Notwithstanding any other provision of any section of the Revised 2666
Code, on and after February 9, 2009, the judges designated by this 2667
division as judges of the court of common pleas of Champaign 2668
county, domestic relations-juvenile-probate division, and the 2669
successors to those judges, shall have all the powers relating to 2670
probate courts in addition to the powers previously specified in 2671
this division and shall exercise jurisdiction over all matters 2672
that are within the jurisdiction of probate courts under Chapter 2673
2101., and other provisions, of the Revised Code in addition to 2674
the jurisdiction of the domestic relations-juvenile-probate 2675
division otherwise specified in division (DD)(1) of this section.2676

       (2) On and after February 9, 2009, all references in law to 2677
"the probate court," "the probate judge," "the juvenile court," or 2678
"the judge of the juvenile court" shall be construed with respect 2679
to Champaign county as being references to the "domestic 2680
relations-juvenile-probate division" and as being references to 2681
the "judge of the domestic relations-juvenile-probate division." 2682
On and after February 9, 2009, all references in law to "the clerk 2683
of the probate court" shall be construed with respect to Champaign 2684
county as being references to the judge who is serving pursuant to 2685
Rule 4 of the Rules of Superintendence for the Courts of Ohio as 2686
the administrative judge of the court of common pleas, domestic 2687
relations-juvenile-probate division.2688

       (EE) If a judge of the court of common pleas, division of 2689
domestic relations, or juvenile judge, of any of the counties 2690
mentioned in this section is sick, absent, or unable to perform 2691
that judge's judicial duties or the volume of cases pending in the 2692
judge's division necessitates it, the duties of that judge shall 2693
be performed by another judge of the court of common pleas of that 2694
county, assigned for that purpose by the presiding judge of the 2695
court of common pleas of that county to act in place of or in 2696
conjunction with that judge, as the case may require.2697

       Sec. 2743.191.  (A)(1) There is hereby created in the state 2698
treasury the reparations fund, which shall be used only for the 2699
following purposes:2700

       (a) The payment of awards of reparations that are granted by 2701
the attorney general;2702

       (b) The compensation of any personnel needed by the attorney 2703
general to administer sections 2743.51 to 2743.72 of the Revised 2704
Code;2705

       (c) The compensation of witnesses as provided in division (J) 2706
of section 2743.65 of the Revised Code;2707

       (d) Other administrative costs of hearing and determining 2708
claims for an award of reparations by the attorney general;2709

       (e) The costs of administering sections 2907.28 and 2969.01 2710
to 2969.06 of the Revised Code;2711

       (f) The costs of investigation and decision-making as 2712
certified by the attorney general;2713

       (g) The provision of state financial assistance to victim 2714
assistance programs in accordance with sections 109.91 and 109.92 2715
of the Revised Code;2716

       (h) The costs of paying the expenses of sex offense-related 2717
examinations and antibiotics pursuant to section 2907.28 of the 2718
Revised Code;2719

       (i) The cost of printing and distributing the pamphlet 2720
prepared by the attorney general pursuant to section 109.42 of the 2721
Revised Code;2722

       (j) Subject to division (D) of section 2743.71 of the Revised 2723
Code, the costs associated with the printing and providing of 2724
information cards or other printed materials to law enforcement 2725
agencies and prosecuting authorities and with publicizing the 2726
availability of awards of reparations pursuant to section 2743.71 2727
of the Revised Code;2728

       (k) The payment of costs of administering a DNA specimen 2729
collection procedure pursuant to sections 2152.74 and 2901.07 of 2730
the Revised Code, of performing DNA analysis of those DNA 2731
specimens, and of entering the resulting DNA records regarding 2732
those analyses into the DNA database pursuant to section 109.573 2733
of the Revised Code;2734

       (l) The payment of actual costs associated with initiatives 2735
by the attorney general for the apprehension, prosecution, and 2736
accountability of offenders, and the enhancing of services to 2737
crime victims. The amount of payments made pursuant to division 2738
(A)(1)(l) of this section during any given fiscal year shall not 2739
exceed five per cent of the balance of the reparations fund at the 2740
close of the immediately previous fiscal year;2741

       (m) The costs of administering the adult parole authority's 2742
supervision pursuant to division (E) of section 2971.05 of the 2743
Revised Code of sexually violent predators who are sentenced to a 2744
prison term pursuant to division (A)(3) of section 2971.03 of the 2745
Revised Code and of offenders who are sentenced to a prison term 2746
pursuant to division (B)(1)(a), (b), or (c), (B)(2)(a), (b), or 2747
(c), or (B)(3)(a), (b), (c), or (d) of that section;2748

        (n) TheSubject to the limit set forth in those sections, the2749
costs of the installation and monitoring of an electronic 2750
monitoring device used in the monitoring of a respondent pursuant 2751
to an electronic monitoring order issued by a court under division 2752
(E)(1)(b) of section 2151.34 or division (E)(1)(b) of section 2753
2903.214 of the Revised Code if the court determines that the 2754
respondent is indigent or used in the monitoring of an offender 2755
pursuant to an electronic monitoring order issued under division 2756
(B)(5) of section 2919.27 of the Revised Code if the court 2757
determines that the offender is indigent.2758

       (2) All costs paid pursuant to section 2743.70 of the Revised 2759
Code, the portions of license reinstatement fees mandated by 2760
division (F)(2)(b) of section 4511.191 of the Revised Code to be 2761
credited to the fund, the portions of the proceeds of the sale of 2762
a forfeited vehicle specified in division (C)(2) of section 2763
4503.234 of the Revised Code, payments collected by the department 2764
of rehabilitation and correction from prisoners who voluntarily 2765
participate in an approved work and training program pursuant to 2766
division (C)(8)(b)(ii) of section 5145.16 of the Revised Code, and 2767
all moneys collected by the state pursuant to its right of 2768
subrogation provided in section 2743.72 of the Revised Code shall 2769
be deposited in the fund.2770

       (B) In making an award of reparations, the attorney general 2771
shall render the award against the state. The award shall be 2772
accomplished only through the following procedure, and the 2773
following procedure may be enforced by writ of mandamus directed 2774
to the appropriate official:2775

       (1) The attorney general shall provide for payment of the 2776
claimant or providers in the amount of the award only if the 2777
amount of the award is fifty dollars or more.2778

       (2) The expense shall be charged against all available 2779
unencumbered moneys in the fund.2780

       (3) If sufficient unencumbered moneys do not exist in the 2781
fund, the attorney general shall make application for payment of 2782
the award out of the emergency purposes account or any other 2783
appropriation for emergencies or contingencies, and payment out of 2784
this account or other appropriation shall be authorized if there 2785
are sufficient moneys greater than the sum total of then pending 2786
emergency purposes account requests or requests for releases from 2787
the other appropriations.2788

       (4) If sufficient moneys do not exist in the account or any 2789
other appropriation for emergencies or contingencies to pay the 2790
award, the attorney general shall request the general assembly to 2791
make an appropriation sufficient to pay the award, and no payment 2792
shall be made until the appropriation has been made. The attorney 2793
general shall make this appropriation request during the current 2794
biennium and during each succeeding biennium until a sufficient 2795
appropriation is made. If, prior to the time that an appropriation 2796
is made by the general assembly pursuant to this division, the 2797
fund has sufficient unencumbered funds to pay the award or part of 2798
the award, the available funds shall be used to pay the award or 2799
part of the award, and the appropriation request shall be amended 2800
to request only sufficient funds to pay that part of the award 2801
that is unpaid.2802

       (C) The attorney general shall not make payment on a decision 2803
or order granting an award until all appeals have been determined 2804
and all rights to appeal exhausted, except as otherwise provided 2805
in this section. If any party to a claim for an award of 2806
reparations appeals from only a portion of an award, and a 2807
remaining portion provides for the payment of money by the state, 2808
that part of the award calling for the payment of money by the 2809
state and not a subject of the appeal shall be processed for 2810
payment as described in this section.2811

       (D) The attorney general shall prepare itemized bills for the 2812
costs of printing and distributing the pamphlet the attorney 2813
general prepares pursuant to section 109.42 of the Revised Code. 2814
The itemized bills shall set forth the name and address of the 2815
persons owed the amounts set forth in them.2816

       (E) As used in this section, "DNA analysis" and "DNA 2817
specimen" have the same meanings as in section 109.573 of the 2818
Revised Code. 2819

       Sec. 2903.214.  (A) As used in this section:2820

       (1) "Court" means the court of common pleas of the county in 2821
which the person to be protected by the protection order resides.2822

       (2) "Victim advocate" means a person who provides support and 2823
assistance for a person who files a petition under this section.2824

       (3) "Family or household member" has the same meaning as in 2825
section 3113.31 of the Revised Code.2826

       (4) "Protection order issued by a court of another state" has 2827
the same meaning as in section 2919.27 of the Revised Code.2828

       (5) "Sexually oriented offense" has the same meaning as in 2829
section 2950.01 of the Revised Code.2830

       (6) "Electronic monitoring" has the same meaning as in 2831
section 2929.01 of the Revised Code.2832

       (B) The court has jurisdiction over all proceedings under 2833
this section.2834

       (C) A person may seek relief under this section for the 2835
person, or any parent or adult household member may seek relief 2836
under this section on behalf of any other family or household 2837
member, by filing a petition with the court. The petition shall 2838
contain or state all of the following:2839

       (1) An allegation that the respondent is eighteen years of 2840
age or older and engaged in a violation of section 2903.211 of the 2841
Revised Code against the person to be protected by the protection 2842
order or committed a sexually oriented offense against the person 2843
to be protected by the protection order, including a description 2844
of the nature and extent of the violation;2845

       (2) If the petitioner seeks relief in the form of electronic 2846
monitoring of the respondent, an allegation that at any time 2847
preceding the filing of the petition the respondent engaged in 2848
conduct that would cause a reasonable person to believe that the 2849
health, welfare, or safety of the person to be protected was at 2850
risk, a description of the nature and extent of that conduct, and 2851
an allegation that the respondent presents a continuing danger to 2852
the person to be protected;2853

       (3) A request for relief under this section.2854

       (D)(1) If a person who files a petition pursuant to this 2855
section requests an ex parte order, the court shall hold an ex 2856
parte hearing as soon as possible after the petition is filed, but 2857
not later than the next day that the court is in session after the 2858
petition is filed. The court, for good cause shown at the ex parte 2859
hearing, may enter any temporary orders, with or without bond, 2860
that the court finds necessary for the safety and protection of 2861
the person to be protected by the order. Immediate and present 2862
danger to the person to be protected by the protection order 2863
constitutes good cause for purposes of this section. Immediate and 2864
present danger includes, but is not limited to, situations in 2865
which the respondent has threatened the person to be protected by 2866
the protection order with bodily harm or in which the respondent 2867
previously has been convicted of or pleaded guilty to a violation 2868
of section 2903.211 of the Revised Code or a sexually oriented 2869
offense against the person to be protected by the protection 2870
order.2871

       (2)(a) If the court, after an ex parte hearing, issues a 2872
protection order described in division (E) of this section, the 2873
court shall schedule a full hearing for a date that is within ten 2874
court days after the ex parte hearing. The court shall give the 2875
respondent notice of, and an opportunity to be heard at, the full 2876
hearing. The court shall hold the full hearing on the date 2877
scheduled under this division unless the court grants a 2878
continuance of the hearing in accordance with this division. Under 2879
any of the following circumstances or for any of the following 2880
reasons, the court may grant a continuance of the full hearing to 2881
a reasonable time determined by the court:2882

       (i) Prior to the date scheduled for the full hearing under 2883
this division, the respondent has not been served with the 2884
petition filed pursuant to this section and notice of the full 2885
hearing.2886

       (ii) The parties consent to the continuance.2887

       (iii) The continuance is needed to allow a party to obtain 2888
counsel.2889

       (iv) The continuance is needed for other good cause.2890

       (b) An ex parte order issued under this section does not 2891
expire because of a failure to serve notice of the full hearing 2892
upon the respondent before the date set for the full hearing under 2893
division (D)(2)(a) of this section or because the court grants a 2894
continuance under that division.2895

       (3) If a person who files a petition pursuant to this section 2896
does not request an ex parte order, or if a person requests an ex 2897
parte order but the court does not issue an ex parte order after 2898
an ex parte hearing, the court shall proceed as in a normal civil 2899
action and grant a full hearing on the matter.2900

       (E)(1)(a) After an ex parte or full hearing, the court may 2901
issue any protection order, with or without bond, that contains 2902
terms designed to ensure the safety and protection of the person 2903
to be protected by the protection order, including, but not 2904
limited to, a requirement that the respondent refrain from 2905
entering the residence, school, business, or place of employment 2906
of the petitioner or family or household member. If the court 2907
includes a requirement that the respondent refrain from entering 2908
the residence, school, business, or place of employment of the 2909
petitioner or family or household member in the order, it also 2910
shall include in the order provisions of the type described in 2911
division (E)(5) of this section.2912

       (b) After a full hearing, if the court considering a petition 2913
that includes an allegation of the type described in division 2914
(C)(2) of this section, or the court upon its own motion, finds 2915
upon clear and convincing evidence that the petitioner reasonably 2916
believed that the respondent's conduct at any time preceding the 2917
filing of the petition endangered the health, welfare, or safety 2918
of the person to be protected and that the respondent presents a 2919
continuing danger to the person to be protected, the court may 2920
order that the respondent be electronically monitored for a period 2921
of time and under the terms and conditions that the court 2922
determines are appropriate. Electronic monitoring shall be in 2923
addition to any other relief granted to the petitioner.2924

       (2)(a) Any protection order issued pursuant to this section 2925
shall be valid until a date certain but not later than five years 2926
from the date of its issuance.2927

       (b) Any protection order issued pursuant to this section may 2928
be renewed in the same manner as the original order was issued.2929

       (3) A court may not issue a protection order that requires a 2930
petitioner to do or to refrain from doing an act that the court 2931
may require a respondent to do or to refrain from doing under 2932
division (E)(1) of this section unless all of the following apply:2933

       (a) The respondent files a separate petition for a protection 2934
order in accordance with this section.2935

       (b) The petitioner is served with notice of the respondent's 2936
petition at least forty-eight hours before the court holds a 2937
hearing with respect to the respondent's petition, or the 2938
petitioner waives the right to receive this notice.2939

       (c) If the petitioner has requested an ex parte order 2940
pursuant to division (D) of this section, the court does not delay 2941
any hearing required by that division beyond the time specified in 2942
that division in order to consolidate the hearing with a hearing 2943
on the petition filed by the respondent.2944

       (d) After a full hearing at which the respondent presents 2945
evidence in support of the request for a protection order and the 2946
petitioner is afforded an opportunity to defend against that 2947
evidence, the court determines that the petitioner has committed a 2948
violation of section 2903.211 of the Revised Code against the 2949
person to be protected by the protection order issued pursuant to 2950
division (E)(3) of this section, has committed a sexually oriented 2951
offense against the person to be protected by the protection order 2952
issued pursuant to division (E)(3) of this section, or has 2953
violated a protection order issued pursuant to section 2903.213 of 2954
the Revised Code relative to the person to be protected by the 2955
protection order issued pursuant to division (E)(3) of this 2956
section.2957

       (4) No protection order issued pursuant to this section shall 2958
in any manner affect title to any real property.2959

       (5)(a) If the court issues a protection order under this 2960
section that includes a requirement that the alleged offender 2961
refrain from entering the residence, school, business, or place of 2962
employment of the petitioner or a family or household member, the 2963
order shall clearly state that the order cannot be waived or 2964
nullified by an invitation to the alleged offender from the 2965
complainant to enter the residence, school, business, or place of 2966
employment or by the alleged offender's entry into one of those 2967
places otherwise upon the consent of the petitioner or family or 2968
household member.2969

       (b) Division (E)(5)(a) of this section does not limit any 2970
discretion of a court to determine that an alleged offender 2971
charged with a violation of section 2919.27 of the Revised Code, 2972
with a violation of a municipal ordinance substantially equivalent 2973
to that section, or with contempt of court, which charge is based 2974
on an alleged violation of a protection order issued under this 2975
section, did not commit the violation or was not in contempt of 2976
court.2977

       (F)(1) The court shall cause the delivery of a copy of any 2978
protection order that is issued under this section to the 2979
petitioner, to the respondent, and to all law enforcement agencies 2980
that have jurisdiction to enforce the order. The court shall 2981
direct that a copy of the order be delivered to the respondent on 2982
the same day that the order is entered.2983

       (2) Upon the issuance of a protection order under this 2984
section, the court shall provide the parties to the order with the 2985
following notice orally or by form:2986

"NOTICE
2987

       As a result of this order, it may be unlawful for you to 2988
possess or purchase a firearm, including a rifle, pistol, or 2989
revolver, or ammunition pursuant to federal law under 18 U.S.C. 2990
922(g)(8). If you have any questions whether this law makes it 2991
illegal for you to possess or purchase a firearm or ammunition, 2992
you should consult an attorney."2993

       (3) All law enforcement agencies shall establish and maintain 2994
an index for the protection orders delivered to the agencies 2995
pursuant to division (F)(1) of this section. With respect to each 2996
order delivered, each agency shall note on the index the date and 2997
time that it received the order.2998

       (4) Regardless of whether the petitioner has registered the 2999
protection order in the county in which the officer's agency has 3000
jurisdiction pursuant to division (M) of this section, any officer 3001
of a law enforcement agency shall enforce a protection order 3002
issued pursuant to this section by any court in this state in 3003
accordance with the provisions of the order, including removing 3004
the respondent from the premises, if appropriate.3005

       (G) Any proceeding under this section shall be conducted in 3006
accordance with the Rules of Civil Procedure, except that a 3007
protection order may be obtained under this section with or 3008
without bond. An order issued under this section, other than an ex 3009
parte order, that grants a protection order, or that refuses to 3010
grant a protection order, is a final, appealable order. The 3011
remedies and procedures provided in this section are in addition 3012
to, and not in lieu of, any other available civil or criminal 3013
remedies.3014

       (H) The filing of proceedings under this section does not 3015
excuse a person from filing any report or giving any notice 3016
required by section 2151.421 of the Revised Code or by any other 3017
law.3018

       (I) Any law enforcement agency that investigates an alleged 3019
violation of section 2903.211 of the Revised Code or an alleged 3020
commission of a sexually oriented offense shall provide 3021
information to the victim and the family or household members of 3022
the victim regarding the relief available under this section and 3023
section 2903.213 of the Revised Code.3024

       (J) Notwithstanding any provision of law to the contrary and 3025
regardless of whether a protection order is issued or a consent 3026
agreement is approved by a court of another county or by a court 3027
of another state, no court or unit of state or local government 3028
shall charge any fee, cost, deposit, or money in connection with 3029
the filing of a petition pursuant to this section, in connection 3030
with the filing, issuance, registration, or service of a 3031
protection order or consent agreement, or for obtaining a 3032
certified copy of a protection order or consent agreement.3033

       (K)(1) A person who violates a protection order issued under 3034
this section is subject to the following sanctions:3035

       (a) Criminal prosecution for a violation of section 2919.27 3036
of the Revised Code, if the violation of the protection order 3037
constitutes a violation of that section;3038

       (b) Punishment for contempt of court.3039

       (2) The punishment of a person for contempt of court for 3040
violation of a protection order issued under this section does not 3041
bar criminal prosecution of the person for a violation of section 3042
2919.27 of the Revised Code. However, a person punished for 3043
contempt of court is entitled to credit for the punishment imposed 3044
upon conviction of a violation of that section, and a person 3045
convicted of a violation of that section shall not subsequently be 3046
punished for contempt of court arising out of the same activity.3047

       (L) In all stages of a proceeding under this section, a 3048
petitioner may be accompanied by a victim advocate.3049

       (M)(1) A petitioner who obtains a protection order under this 3050
section or a protection order under section 2903.213 of the 3051
Revised Code may provide notice of the issuance or approval of the 3052
order to the judicial and law enforcement officials in any county 3053
other than the county in which the order is issued by registering 3054
that order in the other county pursuant to division (M)(2) of this 3055
section and filing a copy of the registered order with a law 3056
enforcement agency in the other county in accordance with that 3057
division. A person who obtains a protection order issued by a 3058
court of another state may provide notice of the issuance of the 3059
order to the judicial and law enforcement officials in any county 3060
of this state by registering the order in that county pursuant to 3061
section 2919.272 of the Revised Code and filing a copy of the 3062
registered order with a law enforcement agency in that county.3063

       (2) A petitioner may register a protection order issued 3064
pursuant to this section or section 2903.213 of the Revised Code 3065
in a county other than the county in which the court that issued 3066
the order is located in the following manner:3067

       (a) The petitioner shall obtain a certified copy of the order 3068
from the clerk of the court that issued the order and present that 3069
certified copy to the clerk of the court of common pleas or the 3070
clerk of a municipal court or county court in the county in which 3071
the order is to be registered.3072

       (b) Upon accepting the certified copy of the order for 3073
registration, the clerk of the court of common pleas, municipal 3074
court, or county court shall place an endorsement of registration 3075
on the order and give the petitioner a copy of the order that 3076
bears that proof of registration.3077

       (3) The clerk of each court of common pleas, municipal court, 3078
or county court shall maintain a registry of certified copies of 3079
protection orders that have been issued by courts in other 3080
counties pursuant to this section or section 2903.213 of the 3081
Revised Code and that have been registered with the clerk.3082

       (N)(1) If the court orders electronic monitoring of the 3083
respondent under this section, the court shall direct the 3084
sheriff's office or any other appropriate law enforcement agency 3085
to install the electronic monitoring device and to monitor the 3086
respondent. Unless the court determines that the respondent is 3087
indigent, the court shall order the respondent to pay the cost of 3088
the installation and monitoring of the electronic monitoring 3089
device. If the court determines that the respondent is indigent 3090
and subject to the maximum amount allowable to be paid in any year 3091
from the fund and the rules promulgated by the attorney general 3092
under division (N)(2) of this section, the cost of the 3093
installation and monitoring of the electronic monitoring device 3094
may be paid out of funds from the reparations fund created 3095
pursuant to section 2743.191 of the Revised Code. The total amount 3096
of costs for the installation and monitoring of electronic 3097
monitoring devices paid pursuant to this division and sections 3098
2151.34 and 2919.27 of the Revised Code from the reparations fund 3099
shall not exceed three hundred thousand dollars per year. The3100

       (2) The attorney general may promulgate rules pursuant to 3101
section 111.15 of the Revised Code to govern payments made from 3102
the reparations fund pursuant to this division and sections 3103
2151.34 and 2919.27 of the Revised Code. The rules may include 3104
reasonable limits on the total cost paid pursuant to this division 3105
and sections 2151.34 and 2919.27 of the Revised Code per 3106
respondent, the amount of the three hundred thousand dollars 3107
allocated to each county, and how invoices may be submitted by a 3108
county, court, or other entity.3109

       Sec. 2913.04.  (A) No person shall knowingly use or operate 3110
the property of another without the consent of the owner or person 3111
authorized to give consent.3112

       (B) No person, in any manner and by any means, including, but 3113
not limited to, computer hacking, shall knowingly gain access to, 3114
attempt to gain access to, or cause access to be gained to any 3115
computer, computer system, computer network, cable service, cable 3116
system, telecommunications device, telecommunications service, or 3117
information service without the consent of, or beyond the scope of 3118
the express or implied consent of, the owner of the computer, 3119
computer system, computer network, cable service, cable system, 3120
telecommunications device, telecommunications service, or 3121
information service or other person authorized to give consent.3122

       (C) No person shall knowingly gain access to, attempt to gain 3123
access to, cause access to be granted to, or disseminate 3124
information gained from access to the law enforcement automated 3125
database system created pursuant to section 5503.10 of the Revised 3126
Code without the consent of, or beyond the scope of the express or 3127
implied consent of, the chair of the law enforcement automated 3128
data system steering committee.3129

       (D) No person shall knowingly gain access to, attempt to gain 3130
access to, cause access to be granted to, or disseminate 3131
information gained from access to the Ohio law enforcement gateway 3132
established and operated pursuant to division (C)(1) of section 3133
109.57 of the Revised Code without the consent of, or beyond the 3134
scope of the express or implied consent of, the superintendent of 3135
the bureau of criminal identification and investigation.3136

        (E) The affirmative defenses contained in division (C) of 3137
section 2913.03 of the Revised Code are affirmative defenses to a 3138
charge under this section.3139

       (E)(F)(1) Whoever violates division (A) of this section is 3140
guilty of unauthorized use of property.3141

       (2) Except as otherwise provided in division (E)(F)(3) or (4) 3142
of this section, unauthorized use of property is a misdemeanor of 3143
the fourth degree.3144

       (3) Except as otherwise provided in division (E)(F)(4) of 3145
this section, if unauthorized use of property is committed for the 3146
purpose of devising or executing a scheme to defraud or to obtain 3147
property or services, unauthorized use of property is whichever of 3148
the following is applicable:3149

       (a) Except as otherwise provided in division (E)(F)(3)(b), 3150
(c), or (d) of this section, a misdemeanor of the first degree.3151

       (b) If the value of the property or services or the loss to 3152
the victim is five hundred dollars or more and is less than five 3153
thousand dollars, a felony of the fifth degree.3154

       (c) If the value of the property or services or the loss to 3155
the victim is five thousand dollars or more and is less than one 3156
hundred thousand dollars, a felony of the fourth degree.3157

       (d) If the value of the property or services or the loss to 3158
the victim is one hundred thousand dollars or more, a felony of 3159
the third degree.3160

       (4) If the victim of the offense is an elderly person or 3161
disabled adult, unauthorized use of property is whichever of the 3162
following is applicable:3163

       (a) Except as otherwise provided in division (E)(F)(4)(b), 3164
(c), or (d) of this section, a felony of the fifth degree;3165

       (b) If the value of the property or services or loss to the 3166
victim is five hundred dollars or more and is less than five 3167
thousand dollars, a felony of the fourth degree;3168

       (c) If the value of the property or services or loss to the 3169
victim is five thousand dollars or more and is less than 3170
twenty-five thousand dollars, a felony of the third degree;3171

       (d) If the value of the property or services or loss to the 3172
victim is twenty-five thousand dollars or more, a felony of the 3173
second degree.3174

       (F)(G)(1) Whoever violates division (B) of this section is 3175
guilty of unauthorized use of computer, cable, or 3176
telecommunication property, and shall be punished as provided in 3177
division (F)(G)(2), (3), or (4) of this section.3178

       (2) Except as otherwise provided in division (F)(G)(3) or (4) 3179
of this section, unauthorized use of computer, cable, or 3180
telecommunication property is a felony of the fifth degree.3181

       (3) Except as otherwise provided in division (F)(G)(4) of 3182
this section, if unauthorized use of computer, cable, or 3183
telecommunication property is committed for the purpose of 3184
devising or executing a scheme to defraud or to obtain property or 3185
services, for obtaining money, property, or services by false or 3186
fraudulent pretenses, or for committing any other criminal 3187
offense, unauthorized use of computer, cable, or telecommunication 3188
property is whichever of the following is applicable:3189

       (a) Except as otherwise provided in division (F)(G)(3)(b) of 3190
this section, if the value of the property or services involved or 3191
the loss to the victim is five thousand dollars or more and less 3192
than one hundred thousand dollars, a felony of the fourth degree;3193

       (b) If the value of the property or services involved or the 3194
loss to the victim is one hundred thousand dollars or more, a 3195
felony of the third degree.3196

        (4) If the victim of the offense is an elderly person or 3197
disabled adult, unauthorized use of computer, cable, or 3198
telecommunication property is whichever of the following is 3199
applicable:3200

        (a) Except as otherwise provided in division (F)(G)(4)(b), 3201
(c), or (d) of this section, a felony of the fifth degree;3202

        (b) If the value of the property or services or loss to the 3203
victim is five hundred dollars or more and is less than five 3204
thousand dollars, a felony of the fourth degree;3205

        (c) If the value of the property or services or loss to the 3206
victim is five thousand dollars or more and is less than 3207
twenty-five thousand dollars, a felony of the third degree;3208

        (d) If the value of the property or services or loss to the 3209
victim is twenty-five thousand dollars or more, a felony of the 3210
second degree.3211

       (G)(H) Whoever violates division (C) of this section is 3212
guilty of unauthorized use of the law enforcement automated 3213
database system, a felony of the fifth degree.3214

       (H)(I) Whoever violates division (D) of this section is 3215
guilty of unauthorized use of the Ohio law enforcement gateway, a 3216
felony of the fifth degree.3217

       (J) As used in this section:3218

       (1) "Cable operator" means any person or group of persons 3219
that does either of the following:3220

       (a) Provides cable service over a cable system and directly 3221
or through one or more affiliates owns a significant interest in 3222
that cable system;3223

       (b) Otherwise controls or is responsible for, through any 3224
arrangement, the management and operation of a cable system.3225

       (2) "Cable service" means any of the following:3226

       (a) The one-way transmission to subscribers of video 3227
programming or of information that a cable operator makes 3228
available to all subscribers generally;3229

       (b) Subscriber interaction, if any, that is required for the 3230
selection or use of video programming or of information that a 3231
cable operator makes available to all subscribers generally, both 3232
as described in division (H)(J)(2)(a) of this section;3233

       (c) Any cable television service.3234

       (3) "Cable system" means any facility, consisting of a set of 3235
closed transmission paths and associated signal generation, 3236
reception, and control equipment that is designed to provide cable 3237
service that includes video programming and that is provided to 3238
multiple subscribers within a community. "Cable system" does not 3239
include any of the following:3240

       (a) Any facility that serves only to retransmit the 3241
television signals of one or more television broadcast stations;3242

       (b) Any facility that serves subscribers without using any 3243
public right-of-way;3244

       (c) Any facility of a common carrier that, under 47 U.S.C.A. 3245
522(7)(c), is excluded from the term "cable system" as defined in 3246
47 U.S.C.A. 522(7);3247

       (d) Any open video system that complies with 47 U.S.C.A. 573;3248

       (e) Any facility of any electric utility used solely for 3249
operating its electric utility system.3250

       Sec. 2919.25.  (A) No person shall knowingly cause or attempt 3251
to cause physical harm to a family or household member. 3252

       (B) No person shall recklessly cause serious physical harm to 3253
a family or household member. 3254

       (C) No person, by threat of force, shall knowingly cause a 3255
family or household member to believe that the offender will cause 3256
imminent physical harm to the family or household member. 3257

       (D)(1) Whoever violates this section is guilty of domestic 3258
violence, and the court shall sentence the offender as provided in 3259
divisions (D)(2) to (6) of this section. 3260

       (2) Except as otherwise provided in division (D)(3) to (5) of 3261
this section, a violation of division (C) of this section is a 3262
misdemeanor of the fourth degree, and a violation of division (A) 3263
or (B) of this section is a misdemeanor of the first degree. 3264

       (3) Except as otherwise provided in division (D)(4) of this 3265
section, if the offender previously has pleaded guilty to or been 3266
convicted of domestic violence, a violation of an existing or 3267
former municipal ordinance or law of this or any other state or 3268
the United States that is substantially similar to domestic 3269
violence, a violation of section 2903.14, 2909.06, 2909.07, 3270
2911.12, 2911.211, or 2919.22 of the Revised Code if the victim of 3271
the violation was a family or household member at the time of the 3272
violation, a violation of an existing or former municipal 3273
ordinance or law of this or any other state or the United States 3274
that is substantially similar to any of those sections if the 3275
victim of the violation was a family or household member at the 3276
time of the commission of the violation, or any offense of 3277
violence if the victim of the offense was a family or household 3278
member at the time of the commission of the offense, a violation 3279
of division (A) or (B) of this section is a felony of the fourth 3280
degree, and, if the offender knew that the victim of the violation 3281
was pregnant at the time of the violation, the court shall impose 3282
a mandatory prison term on the offender pursuant to division 3283
(A)(6) of this section, and a violation of division (C) of this 3284
section is a misdemeanor of the second degree. 3285

       (4) If the offender previously has pleaded guilty to or been 3286
convicted of two or more offenses of domestic violence or two or 3287
more violations or offenses of the type described in division 3288
(D)(3) of this section involving a person who was a family or 3289
household member at the time of the violations or offenses, a 3290
violation of division (A) or (B) of this section is a felony of 3291
the third degree, and, if the offender knew that the victim of the 3292
violation was pregnant at the time of the violation, the court 3293
shall impose a mandatory prison term on the offender pursuant to 3294
division (A)(6) of this section, and a violation of division (C) 3295
of this section is a misdemeanor of the first degree. 3296

       (5) Except as otherwise provided in division (D)(3) or (4) of 3297
this section, if the offender knew that the victim of the 3298
violation was pregnant at the time of the violation, a violation 3299
of division (A) or (B) of this section is a felony of the fifth 3300
degree, and the court shall impose a mandatory prison term on the 3301
offender pursuant to division (A)(6) of this section, and a 3302
violation of division (C) of this section is a misdemeanor of the 3303
third degree. 3304

       (6) If division (A)(3), (4), or (5) of this section requires 3305
the court that sentences an offender for a violation of division 3306
(A) or (B) of this section to impose a mandatory prison term on 3307
the offender pursuant to this division, the court shall impose the 3308
mandatory prison term as follows: 3309

       (a) If the violation of division (A) or (B) of this section 3310
is a felony of the fourth or fifth degree, except as otherwise 3311
provided in division (A)(6)(b) or (c) of this section, the court 3312
shall impose a mandatory prison term on the offender of at least 3313
six months. 3314

       (b) If the violation of division (A) or (B) of this section 3315
is a felony of the fifth degree and the offender, in committing 3316
the violation, caused serious physical harm to the pregnant 3317
woman's unborn or caused the termination of the pregnant woman's 3318
pregnancy, the court shall impose a mandatory prison term on the 3319
offender of twelve months. 3320

       (c) If the violation of division (A) or (B) of this section 3321
is a felony of the fourth degree and the offender, in committing 3322
the violation, caused serious physical harm to the pregnant 3323
woman's unborn or caused the termination of the pregnant woman's 3324
pregnancy, the court shall impose a mandatory prison term on the 3325
offender of at least twelve months. 3326

       (d) If the violation of division (A) or (B) of this section 3327
is a felony of the third degree, except as otherwise provided in 3328
division (A)(6)(e) of this section and notwithstanding the range 3329
of prison terms prescribed in section 2929.14 of the Revised Code 3330
for a felony of the third degree, the court shall impose a 3331
mandatory prison term on the offender of either a definite term of 3332
six months or one of the prison terms prescribed in section 3333
2929.14 of the Revised Code for felonies of the third degree. 3334

       (e) If the violation of division (A) or (B) of this section 3335
is a felony of the third degree and the offender, in committing 3336
the violation, caused serious physical harm to the pregnant 3337
woman's unborn or caused the termination of the pregnant woman's 3338
pregnancy, notwithstanding the range of prison terms prescribed in 3339
section 2929.14 of the Revised Code for a felony of the third 3340
degree, the court shall impose a mandatory prison term on the 3341
offender of either a definite term of one year or one of the 3342
prison terms prescribed in section 2929.14 of the Revised Code for 3343
felonies of the third degree. 3344

       (E) Notwithstanding any provision of law to the contrary, no 3345
court or unit of state or local government shall charge any fee, 3346
cost, deposit, or money in connection with the filing of charges 3347
against a person alleging that the person violated this section or 3348
a municipal ordinance substantially similar to this section or in 3349
connection with the prosecution of any charges so filed. 3350

       (F) As used in this section and sections 2919.251 and 2919.26 3351
of the Revised Code: 3352

       (1) "Family or household member" means any of the following: 3353

       (a) Any of the following who is residing or has resided with 3354
the offender: 3355

       (i) A spouse, a person living as a spouse, or a former spouse 3356
of the offender; 3357

       (ii) A parent, a foster parent, or a child of the offender, 3358
or another person related by consanguinity or affinity to the 3359
offender; 3360

       (iii) A parent or a child of a spouse, person living as a 3361
spouse, or former spouse of the offender, or another person 3362
related by consanguinity or affinity to a spouse, person living as 3363
a spouse, or former spouse of the offender. 3364

       (b) The natural parent of any child of whom the offender is 3365
the other natural parent or is the putative other natural parent. 3366

       (2) "Person living as a spouse" means a person who is living 3367
or has lived with the offender in a common law marital 3368
relationship, who otherwise is cohabiting with the offender, or 3369
who otherwise has cohabited with the offender within five years 3370
prior to the date of the alleged commission of the act in 3371
question. 3372

       (3) "Pregnant woman's unborn" has the same meaning as "such 3373
other person's unborn," as set forth in section 2903.09 of the 3374
Revised Code, as it relates to the pregnant woman. Division (C) of 3375
that section applies regarding the use of the term in this 3376
section, except that the second and third sentences of division 3377
(C)(1) of that section shall be construed for purposes of this 3378
section as if they included a reference to this section in the 3379
listing of Revised Code sections they contain. 3380

       (4) "Termination of the pregnant woman's pregnancy" has the 3381
same meaning as "unlawful termination of another's pregnancy," as 3382
set forth in section 2903.09 of the Revised Code, as it relates to 3383
the pregnant woman. Division (C) of that section applies regarding 3384
the use of the term in this section, except that the second and 3385
third sentences of division (C)(1) of that section shall be 3386
construed for purposes of this section as if they included a 3387
reference to this section in the listing of Revised Code sections 3388
they contain. 3389

       Sec. 2919.27.  (A) No person shall recklessly violate the 3390
terms of any of the following: 3391

       (1) A protection order issued or consent agreement approved 3392
pursuant to section 2919.26 or 3113.31 of the Revised Code; 3393

       (2) A protection order issued pursuant to section 2151.34,3394
2903.213, or 2903.214 of the Revised Code; 3395

       (3) A protection order issued by a court of another state. 3396

       (B)(1) Whoever violates this section is guilty of violating a 3397
protection order. 3398

       (2) Except as otherwise provided in division (B)(3) or (4) of 3399
this section, violating a protection order is a misdemeanor of the 3400
first degree. 3401

       (3) If the offender previously has been convicted of or,3402
pleaded guilty to, or been adjudicated a delinquent child for a 3403
violation of a protection order issued pursuant to section 3404
2151.34, 2903.213, or 2903.214 of the Revised Code, two or more 3405
violations of section 2903.21, 2903.211, 2903.22, or 2911.211 of 3406
the Revised Code that involved the same person who is the subject 3407
of the protection order or consent agreement, or one or more 3408
violations of this section, violating a protection order is a 3409
felony of the fifth degree. 3410

       (4) If the offender violates a protection order or consent 3411
agreement while committing a felony offense, violating a 3412
protection order is a felony of the third degree. 3413

       (5) If the protection order violated by the offender was an 3414
order issued pursuant to section 2151.34 or 2903.214 of the 3415
Revised Code that required electronic monitoring of the offender 3416
pursuant to that section, the court may require in addition to any 3417
other sentence imposed upon the offender that the offender be 3418
electronically monitored for a period not exceeding five years by 3419
a law enforcement agency designated by the court. If the court 3420
requires under this division that the offender be electronically 3421
monitored, unless the court determines that the offender is 3422
indigent, the court shall order that the offender pay the costs of 3423
the installation of the electronic monitoring device and the cost 3424
of monitoring the electronic monitoring device. If the court 3425
determines that the offender is indigent and subject to the 3426
maximum amount allowable and the rules promulgated by the attorney 3427
general under section 2903.214 of the Revised Code, the costs of 3428
the installation of the electronic monitoring device and the cost 3429
of monitoring the electronic monitoring device shallmay be paid 3430
out of funds from the reparations fund created pursuant to section 3431
2743.191 of the Revised Code. The total amount paid from the 3432
reparations fund created pursuant to section 2743.191 of the 3433
Revised Code for electronic monitoring under this section and 3434
sections 2151.34 and 2903.214 of the Revised Code shall not exceed 3435
three hundred thousand dollars per year.3436

       (C) It is an affirmative defense to a charge under division 3437
(A)(3) of this section that the protection order issued by a court 3438
of another state does not comply with the requirements specified 3439
in 18 U.S.C. 2265(b) for a protection order that must be accorded 3440
full faith and credit by a court of this state or that it is not 3441
entitled to full faith and credit under 18 U.S.C. 2265(c). 3442

       (D) As used in this section, "protection order issued by a 3443
court of another state" means an injunction or another order 3444
issued by a criminal court of another state for the purpose of 3445
preventing violent or threatening acts or harassment against, 3446
contact or communication with, or physical proximity to another 3447
person, including a temporary order, and means an injunction or 3448
order of that nature issued by a civil court of another state, 3449
including a temporary order and a final order issued in an 3450
independent action or as a pendente lite order in a proceeding for 3451
other relief, if the court issued it in response to a complaint, 3452
petition, or motion filed by or on behalf of a person seeking 3453
protection. "Protection order issued by a court of another state" 3454
does not include an order for support or for custody of a child 3455
issued pursuant to the divorce and child custody laws of another 3456
state, except to the extent that the order for support or for 3457
custody of a child is entitled to full faith and credit under the 3458
laws of the United States. 3459

       Sec. 3109.06. AnyExcept as provided in division (K) of 3460
section 2301.03 of the Revised Code, any court, other than a 3461
juvenile court, that has jurisdiction in any case respecting the 3462
allocation of parental rights and responsibilities for the care of 3463
a child under eighteen years of age and the designation of the 3464
child's place of residence and legal custodian or in any case 3465
respecting the support of a child under eighteen years of age, 3466
may, on its own motion or on motion of any interested party, with 3467
the consent of the juvenile court, certify the record in the case 3468
or so much of the record and such further information, in 3469
narrative form or otherwise, as the court deems necessary or the 3470
juvenile court requests, to the juvenile court for further 3471
proceedings; upon the certification, the juvenile court shall have 3472
exclusive jurisdiction.3473

       In cases in which the court of common pleas finds the parents 3474
unsuitable to have the parental rights and responsibilities for 3475
the care of the child or children and unsuitable to provide the 3476
place of residence and to be the legal custodian of the child or 3477
children, consent of the juvenile court shall not be required to 3478
such certification. This section applies to actions pending on 3479
August 28, 1951.3480

       In any case in which a court of common pleas, or other court 3481
having jurisdiction, has issued an order that allocates parental 3482
rights and responsibilities for the care of minor children and 3483
designates their place of residence and legal custodian of minor 3484
children, has made an order for support of minor children, or has 3485
done both, the jurisdiction of the court shall not abate upon the 3486
death of the person awarded custody but shall continue for all 3487
purposes during the minority of the children. The court, upon its 3488
own motion or the motion of either parent or of any interested 3489
person acting on behalf of the children, may proceed to make 3490
further disposition of the case in the best interests of the 3491
children and subject to sections 3109.42 to 3109.48 of the Revised 3492
Code. If the children are under eighteen years of age, it may 3493
certify them, pursuant to this section, to the juvenile court of 3494
any county for further proceedings. After certification to a 3495
juvenile court, the jurisdiction of the court of common pleas, or 3496
other court, shall cease, except as to any payments of spousal 3497
support due for the spouse and support payments due and unpaid for 3498
the children at the time of the certification.3499

       Any disposition made pursuant to this section, whether by a 3500
juvenile court after a case is certified to it, or by any court 3501
upon the death of a person awarded custody of a child, shall be 3502
made in accordance with sections 3109.04 and 3109.42 to 3109.48 of 3503
the Revised Code. If an appeal is taken from a decision made 3504
pursuant to this section that allocates parental rights and 3505
responsibilities for the care of a minor child and designates the 3506
child's place of residence and legal custodian, the court of 3507
appeals shall give the case calendar priority and handle it 3508
expeditiously.3509

       Sec. 3113.31.  (A) As used in this section: 3510

       (1) "Domestic violence" means the occurrence of one or more 3511
of the following acts against a family or household member: 3512

       (a) Attempting to cause or recklessly causing bodily injury; 3513

       (b) Placing another person by the threat of force in fear of 3514
imminent serious physical harm or committing a violation of 3515
section 2903.211 or 2911.211 of the Revised Code; 3516

       (c) Committing any act with respect to a child that would 3517
result in the child being an abused child, as defined in section 3518
2151.031 of the Revised Code; 3519

       (d) Committing a sexually oriented offense. 3520

       (2) "Court" means the domestic relations division of the 3521
court of common pleas in counties that have a domestic relations 3522
division, and the court of common pleas in counties that do not 3523
have a domestic relations division, or the juvenile division of 3524
the court of common pleas of the county in which the person to be 3525
protected by a protection order issued or a consent agreement 3526
approved under this section resides if the respondent is less than 3527
eighteen years of age. 3528

       (3) "Family or household member" means any of the following: 3529

       (a) Any of the following who is residing with or has resided 3530
with the respondent: 3531

       (i) A spouse, a person living as a spouse, or a former spouse 3532
of the respondent; 3533

       (ii) A parent, a foster parent, or a child of the respondent, 3534
or another person related by consanguinity or affinity to the 3535
respondent; 3536

       (iii) A parent or a child of a spouse, person living as a 3537
spouse, or former spouse of the respondent, or another person 3538
related by consanguinity or affinity to a spouse, person living as 3539
a spouse, or former spouse of the respondent. 3540

       (b) The natural parent of any child of whom the respondent is 3541
the other natural parent or is the putative other natural parent. 3542

       (4) "Person living as a spouse" means a person who is living 3543
or has lived with the respondent in a common law marital 3544
relationship, who otherwise is cohabiting with the respondent, or 3545
who otherwise has cohabited with the respondent within five years 3546
prior to the date of the alleged occurrence of the act in 3547
question. 3548

       (5) "Victim advocate" means a person who provides support and 3549
assistance for a person who files a petition under this section. 3550

       (6) "Sexually oriented offense" has the same meaning as in 3551
section 2950.01 of the Revised Code. 3552

       (B) The court has jurisdiction over all proceedings under 3553
this section. The petitioner's right to relief under this section 3554
is not affected by the petitioner's leaving the residence or 3555
household to avoid further domestic violence. 3556

       (C) A person may seek relief under this section on the 3557
person's own behalf, or any parent or adult household member may 3558
seek relief under this section on behalf of any other family or 3559
household member, by filing a petition with the court. The 3560
petition shall contain or state: 3561

       (1) An allegation that the respondent engaged in domestic 3562
violence against a family or household member of the respondent, 3563
including a description of the nature and extent of the domestic 3564
violence; 3565

       (2) The relationship of the respondent to the petitioner, and 3566
to the victim if other than the petitioner; 3567

       (3) A request for relief under this section. 3568

       (D)(1) If a person who files a petition pursuant to this 3569
section requests an ex parte order, the court shall hold an ex 3570
parte hearing on the same day that the petition is filed. The 3571
court, for good cause shown at the ex parte hearing, may enter any 3572
temporary orders, with or without bond, including, but not limited 3573
to, an order described in division (E)(1)(a), (b), or (c) of this 3574
section, that the court finds necessary to protect the family or 3575
household member from domestic violence. Immediate and present 3576
danger of domestic violence to the family or household member 3577
constitutes good cause for purposes of this section. Immediate and 3578
present danger includes, but is not limited to, situations in 3579
which the respondent has threatened the family or household member 3580
with bodily harm, in which the respondent has threatened the 3581
family or household member with a sexually oriented offense, or in 3582
which the respondent previously has been convicted of or, pleaded 3583
guilty to, or been adjudicated a delinquent child for an offense 3584
that constitutes domestic violence against the family or household 3585
member. 3586

       (2)(a) If the court, after an ex parte hearing, issues an 3587
order described in division (E)(1)(b) or (c) of this section, the 3588
court shall schedule a full hearing for a date that is within 3589
seven court days after the ex parte hearing. If any other type of 3590
protection order that is authorized under division (E) of this 3591
section is issued by the court after an ex parte hearing, the 3592
court shall schedule a full hearing for a date that is within ten 3593
court days after the ex parte hearing. The court shall give the 3594
respondent notice of, and an opportunity to be heard at, the full 3595
hearing. The court shall hold the full hearing on the date 3596
scheduled under this division unless the court grants a 3597
continuance of the hearing in accordance with this division. Under 3598
any of the following circumstances or for any of the following 3599
reasons, the court may grant a continuance of the full hearing to 3600
a reasonable time determined by the court: 3601

       (i) Prior to the date scheduled for the full hearing under 3602
this division, the respondent has not been served with the 3603
petition filed pursuant to this section and notice of the full 3604
hearing. 3605

       (ii) The parties consent to the continuance. 3606

       (iii) The continuance is needed to allow a party to obtain 3607
counsel. 3608

       (iv) The continuance is needed for other good cause. 3609

       (b) An ex parte order issued under this section does not 3610
expire because of a failure to serve notice of the full hearing 3611
upon the respondent before the date set for the full hearing under 3612
division (D)(2)(a) of this section or because the court grants a 3613
continuance under that division. 3614

       (3) If a person who files a petition pursuant to this section 3615
does not request an ex parte order, or if a person requests an ex 3616
parte order but the court does not issue an ex parte order after 3617
an ex parte hearing, the court shall proceed as in a normal civil 3618
action and grant a full hearing on the matter. 3619

       (E)(1) After an ex parte or full hearing, the court may grant 3620
any protection order, with or without bond, or approve any consent 3621
agreement to bring about a cessation of domestic violence against 3622
the family or household members. The order or agreement may: 3623

       (a) Direct the respondent to refrain from abusing or from 3624
committing sexually oriented offenses against the family or 3625
household members; 3626

       (b) Grant possession of the residence or household to the 3627
petitioner or other family or household member, to the exclusion 3628
of the respondent, by evicting the respondent, when the residence 3629
or household is owned or leased solely by the petitioner or other 3630
family or household member, or by ordering the respondent to 3631
vacate the premises, when the residence or household is jointly 3632
owned or leased by the respondent, and the petitioner or other 3633
family or household member; 3634

       (c) When the respondent has a duty to support the petitioner 3635
or other family or household member living in the residence or 3636
household and the respondent is the sole owner or lessee of the 3637
residence or household, grant possession of the residence or 3638
household to the petitioner or other family or household member, 3639
to the exclusion of the respondent, by ordering the respondent to 3640
vacate the premises, or, in the case of a consent agreement, allow 3641
the respondent to provide suitable, alternative housing; 3642

       (d) Temporarily allocate parental rights and responsibilities 3643
for the care of, or establish temporary parenting time rights with 3644
regard to, minor children, if no other court has determined, or is 3645
determining, the allocation of parental rights and 3646
responsibilities for the minor children or parenting time rights; 3647

       (e) Require the respondent to maintain support, if the 3648
respondent customarily provides for or contributes to the support 3649
of the family or household member, or if the respondent has a duty 3650
to support the petitioner or family or household member; 3651

       (f) Require the respondent, petitioner, victim of domestic 3652
violence, or any combination of those persons, to seek counseling; 3653

       (g) Require the respondent to refrain from entering the 3654
residence, school, business, or place of employment of the 3655
petitioner or family or household member; 3656

       (h) Grant other relief that the court considers equitable and 3657
fair, including, but not limited to, ordering the respondent to 3658
permit the use of a motor vehicle by the petitioner or other 3659
family or household member and the apportionment of household and 3660
family personal property. 3661

       (2) If a protection order has been issued pursuant to this 3662
section in a prior action involving the respondent and the 3663
petitioner or one or more of the family or household members or 3664
victims, the court may include in a protection order that it 3665
issues a prohibition against the respondent returning to the 3666
residence or household. If it includes a prohibition against the 3667
respondent returning to the residence or household in the order, 3668
it also shall include in the order provisions of the type 3669
described in division (E)(7) of this section. This division does 3670
not preclude the court from including in a protection order or 3671
consent agreement, in circumstances other than those described in 3672
this division, a requirement that the respondent be evicted from 3673
or vacate the residence or household or refrain from entering the 3674
residence, school, business, or place of employment of the 3675
petitioner or a family or household member, and, if the court 3676
includes any requirement of that type in an order or agreement, 3677
the court also shall include in the order provisions of the type 3678
described in division (E)(7) of this section. 3679

       (3)(a) Any protection order issued or consent agreement 3680
approved under this section shall be valid until a date certain, 3681
but not later than five years from the date of its issuance or 3682
approval, or not later than the date a respondent who is less than 3683
eighteen years of age attains nineteen years of age, unless 3684
modified or terminated as provided in division (E)(8) of this 3685
section. 3686

       (b) Subject to the limitation on the duration of an order or 3687
agreement set forth in division (E)(3)(a) of this section, any 3688
order under division (E)(1)(d) of this section shall terminate on 3689
the date that a court in an action for divorce, dissolution of 3690
marriage, or legal separation brought by the petitioner or 3691
respondent issues an order allocating parental rights and 3692
responsibilities for the care of children or on the date that a 3693
juvenile court in an action brought by the petitioner or 3694
respondent issues an order awarding legal custody of minor 3695
children. Subject to the limitation on the duration of an order or 3696
agreement set forth in division (E)(3)(a) of this section, any 3697
order under division (E)(1)(e) of this section shall terminate on 3698
the date that a court in an action for divorce, dissolution of 3699
marriage, or legal separation brought by the petitioner or 3700
respondent issues a support order or on the date that a juvenile 3701
court in an action brought by the petitioner or respondent issues 3702
a support order. 3703

       (c) Any protection order issued or consent agreement approved 3704
pursuant to this section may be renewed in the same manner as the 3705
original order or agreement was issued or approved. 3706

       (4) A court may not issue a protection order that requires a 3707
petitioner to do or to refrain from doing an act that the court 3708
may require a respondent to do or to refrain from doing under 3709
division (E)(1)(a), (b), (c), (d), (e), (g), or (h) of this 3710
section unless all of the following apply: 3711

       (a) The respondent files a separate petition for a protection 3712
order in accordance with this section. 3713

       (b) The petitioner is served notice of the respondent's 3714
petition at least forty-eight hours before the court holds a 3715
hearing with respect to the respondent's petition, or the 3716
petitioner waives the right to receive this notice. 3717

       (c) If the petitioner has requested an ex parte order 3718
pursuant to division (D) of this section, the court does not delay 3719
any hearing required by that division beyond the time specified in 3720
that division in order to consolidate the hearing with a hearing 3721
on the petition filed by the respondent. 3722

       (d) After a full hearing at which the respondent presents 3723
evidence in support of the request for a protection order and the 3724
petitioner is afforded an opportunity to defend against that 3725
evidence, the court determines that the petitioner has committed 3726
an act of domestic violence or has violated a temporary protection 3727
order issued pursuant to section 2919.26 of the Revised Code, that 3728
both the petitioner and the respondent acted primarily as 3729
aggressors, and that neither the petitioner nor the respondent 3730
acted primarily in self-defense. 3731

       (5) No protection order issued or consent agreement approved 3732
under this section shall in any manner affect title to any real 3733
property. 3734

       (6)(a) If a petitioner, or the child of a petitioner, who 3735
obtains a protection order or consent agreement pursuant to 3736
division (E)(1) of this section or a temporary protection order 3737
pursuant to section 2919.26 of the Revised Code and is the subject 3738
of a parenting time order issued pursuant to section 3109.051 or 3739
3109.12 of the Revised Code or a visitation or companionship order 3740
issued pursuant to section 3109.051, 3109.11, or 3109.12 of the 3741
Revised Code or division (E)(1)(d) of this section granting 3742
parenting time rights to the respondent, the court may require the 3743
public children services agency of the county in which the court 3744
is located to provide supervision of the respondent's exercise of 3745
parenting time or visitation or companionship rights with respect 3746
to the child for a period not to exceed nine months, if the court 3747
makes the following findings of fact: 3748

       (i) The child is in danger from the respondent; 3749

       (ii) No other person or agency is available to provide the 3750
supervision. 3751

       (b) A court that requires an agency to provide supervision 3752
pursuant to division (E)(6)(a) of this section shall order the 3753
respondent to reimburse the agency for the cost of providing the 3754
supervision, if it determines that the respondent has sufficient 3755
income or resources to pay that cost. 3756

       (7)(a) If a protection order issued or consent agreement 3757
approved under this section includes a requirement that the 3758
respondent be evicted from or vacate the residence or household or 3759
refrain from entering the residence, school, business, or place of 3760
employment of the petitioner or a family or household member, the 3761
order or agreement shall state clearly that the order or agreement 3762
cannot be waived or nullified by an invitation to the respondent 3763
from the petitioner or other family or household member to enter 3764
the residence, school, business, or place of employment or by the 3765
respondent's entry into one of those places otherwise upon the 3766
consent of the petitioner or other family or household member. 3767

       (b) Division (E)(7)(a) of this section does not limit any 3768
discretion of a court to determine that a respondent charged with 3769
a violation of section 2919.27 of the Revised Code, with a 3770
violation of a municipal ordinance substantially equivalent to 3771
that section, or with contempt of court, which charge is based on 3772
an alleged violation of a protection order issued or consent 3773
agreement approved under this section, did not commit the 3774
violation or was not in contempt of court. 3775

       (8)(a) The court may modify or terminate as provided in 3776
division (E)(8) of this section a protection order or consent 3777
agreement that was issued after a full hearing under this section. 3778
The court that issued the protection order or approved the consent 3779
agreement shall hear a motion for modification or termination of 3780
the protection order or consent agreement pursuant to division 3781
(E)(8) of this section. 3782

       (b) Either the petitioner or the respondent of the original 3783
protection order or consent agreement may bring a motion for 3784
modification or termination of a protection order or consent 3785
agreement that was issued or approved after a full hearing. The 3786
court shall require notice of the motion to be made as provided by 3787
the Rules of Civil Procedure. If the petitioner for the original 3788
protection order or consent agreement has requested that the 3789
petitioner's address be kept confidential, the court shall not 3790
disclose the address to the respondent of the original protection 3791
order or consent agreement or any other person, except as 3792
otherwise required by law. The moving party has the burden of 3793
proof to show, by a preponderance of the evidence, that 3794
modification or termination of the protection order or consent 3795
agreement is appropriate because either the protection order or 3796
consent agreement is no longer needed or because the terms of the 3797
original protection order or consent agreement are no longer 3798
appropriate. 3799

       (c) In considering whether to modify or terminate a 3800
protection order or consent agreement issued or approved under 3801
this section, the court shall consider all relevant factors, 3802
including, but not limited to, the following: 3803

       (i) Whether the petitioner consents to modification or 3804
termination of the protection order or consent agreement; 3805

       (ii) Whether the petitioner fears the respondent; 3806

       (iii) The current nature of the relationship between the 3807
petitioner and the respondent; 3808

       (iv) The circumstances of the petitioner and respondent, 3809
including the relative proximity of the petitioner's and 3810
respondent's workplaces and residences and whether the petitioner 3811
and respondent have minor children together; 3812

       (v) Whether the respondent has complied with the terms and 3813
conditions of the original protection order or consent agreement; 3814

       (vi) Whether the respondent has a continuing involvement with 3815
illegal drugs or alcohol; 3816

       (vii) Whether the respondent has been convicted of or,3817
pleaded guilty to, or been adjudicated a delinquent child for an 3818
offense of violence since the issuance of the protection order or 3819
approval of the consent agreement; 3820

       (viii) Whether any other protection orders, consent 3821
agreements, restraining orders, or no contact orders have been 3822
issued against the respondent pursuant to this section, section 3823
2919.26 of the Revised Code, any other provision of state law, or 3824
the law of any other state; 3825

       (ix) Whether the respondent has participated in any domestic 3826
violence treatment, intervention program, or other counseling 3827
addressing domestic violence and whether the respondent has 3828
completed the treatment, program, or counseling; 3829

       (x) The time that has elapsed since the protection order was 3830
issued or since the consent agreement was approved; 3831

       (xi) The age and health of the respondent; 3832

       (xii) When the last incident of abuse, threat of harm, or 3833
commission of a sexually oriented offense occurred or other 3834
relevant information concerning the safety and protection of the 3835
petitioner or other protected parties. 3836

       (d) If a protection order or consent agreement is modified or 3837
terminated as provided in division (E)(8) of this section, the 3838
court shall issue copies of the modified or terminated order or 3839
agreement as provided in division (F) of this section. A 3840
petitioner may also provide notice of the modification or 3841
termination to the judicial and law enforcement officials in any 3842
county other than the county in which the order or agreement is 3843
modified or terminated as provided in division (N) of this 3844
section. 3845

       (e) If the respondent moves for modification or termination 3846
of a protection order or consent agreement pursuant to this 3847
section, the court may assess costs against the respondent for the 3848
filing of the motion. 3849

       (9) Any protection order issued or any consent agreement 3850
approved pursuant to this section shall include a provision that 3851
the court will automatically seal all of the records of the 3852
proceeding in which the order is issued or agreement approved on 3853
the date the respondent attains the age of nineteen years unless 3854
the petitioner provides the court with evidence that the 3855
respondent has not complied with all of the terms of the 3856
protection order or consent agreement. The protection order or 3857
consent agreement shall specify the date when the respondent 3858
attains the age of nineteen years.3859

       (F)(1) A copy of any protection order, or consent agreement, 3860
that is issued, approved, modified, or terminated under this 3861
section shall be issued by the court to the petitioner, to the 3862
respondent, and to all law enforcement agencies that have 3863
jurisdiction to enforce the order or agreement. The court shall 3864
direct that a copy of an order be delivered to the respondent on 3865
the same day that the order is entered. 3866

       (2) Upon the issuance of a protection order or the approval 3867
of a consent agreement under this section, the court shall provide 3868
the parties to the order or agreement with the following notice 3869
orally or by form: 3870

"NOTICE
3871

       As a result of this order or consent agreement, it may be 3872
unlawful for you to possess or purchase a firearm, including a 3873
rifle, pistol, or revolver, or ammunition pursuant to federal law 3874
under 18 U.S.C. 922(g)(8). If you have any questions whether this 3875
law makes it illegal for you to possess or purchase a firearm or 3876
ammunition, you should consult an attorney." 3877

       (3) All law enforcement agencies shall establish and maintain 3878
an index for the protection orders and the approved consent 3879
agreements delivered to the agencies pursuant to division (F)(1) 3880
of this section. With respect to each order and consent agreement 3881
delivered, each agency shall note on the index the date and time 3882
that it received the order or consent agreement. 3883

       (4) Regardless of whether the petitioner has registered the 3884
order or agreement in the county in which the officer's agency has 3885
jurisdiction pursuant to division (N) of this section, any officer 3886
of a law enforcement agency shall enforce a protection order 3887
issued or consent agreement approved by any court in this state in 3888
accordance with the provisions of the order or agreement, 3889
including removing the respondent from the premises, if 3890
appropriate. 3891

       (G) Any proceeding under this section shall be conducted in 3892
accordance with the Rules of Civil Procedure, except that an order 3893
under this section may be obtained with or without bond. An order 3894
issued under this section, other than an ex parte order, that 3895
grants a protection order or approves a consent agreement, that 3896
refuses to grant a protection order or approve a consent agreement 3897
that modifies or terminates a protection order or consent 3898
agreement, or that refuses to modify or terminate a protection 3899
order or consent agreement, is a final, appealable order. The 3900
remedies and procedures provided in this section are in addition 3901
to, and not in lieu of, any other available civil or criminal 3902
remedies. 3903

       (H) The filing of proceedings under this section does not 3904
excuse a person from filing any report or giving any notice 3905
required by section 2151.421 of the Revised Code or by any other 3906
law. When a petition under this section alleges domestic violence 3907
against minor children, the court shall report the fact, or cause 3908
reports to be made, to a county, township, or municipal peace 3909
officer under section 2151.421 of the Revised Code. 3910

       (I) Any law enforcement agency that investigates a domestic 3911
dispute shall provide information to the family or household 3912
members involved regarding the relief available under this section 3913
and section 2919.26 of the Revised Code. 3914

       (J) Notwithstanding any provision of law to the contrary and 3915
regardless of whether a protection order is issued or a consent 3916
agreement is approved by a court of another county or a court of 3917
another state, no court or unit of state or local government shall 3918
charge any fee, cost, deposit, or money in connection with the 3919
filing of a petition pursuant to this section or in connection 3920
with the filing, issuance, registration, or service of a 3921
protection order or consent agreement, or for obtaining a 3922
certified copy of a protection order or consent agreement. 3923

       (K)(1) The court shall comply with Chapters 3119., 3121., 3924
3123., and 3125. of the Revised Code when it makes or modifies an 3925
order for child support under this section. 3926

       (2) If any person required to pay child support under an 3927
order made under this section on or after April 15, 1985, or 3928
modified under this section on or after December 31, 1986, is 3929
found in contempt of court for failure to make support payments 3930
under the order, the court that makes the finding, in addition to 3931
any other penalty or remedy imposed, shall assess all court costs 3932
arising out of the contempt proceeding against the person and 3933
require the person to pay any reasonable attorney's fees of any 3934
adverse party, as determined by the court, that arose in relation 3935
to the act of contempt. 3936

       (L)(1) A person who violates a protection order issued or a 3937
consent agreement approved under this section is subject to the 3938
following sanctions: 3939

       (a) Criminal prosecution or a delinquent child proceeding for 3940
a violation of section 2919.27 of the Revised Code, if the 3941
violation of the protection order or consent agreement constitutes 3942
a violation of that section; 3943

       (b) Punishment for contempt of court. 3944

       (2) The punishment of a person for contempt of court for 3945
violation of a protection order issued or a consent agreement 3946
approved under this section does not bar criminal prosecution of 3947
the person or a delinquent child proceeding concerning the person3948
for a violation of section 2919.27 of the Revised Code. However, a 3949
person punished for contempt of court is entitled to credit for 3950
the punishment imposed upon conviction of or adjudication as a 3951
delinquent child for a violation of that section, and a person 3952
convicted of or adjudicated a delinquent child for a violation of 3953
that section shall not subsequently be punished for contempt of 3954
court arising out of the same activity. 3955

       (M) In all stages of a proceeding under this section, a 3956
petitioner may be accompanied by a victim advocate. 3957

       (N)(1) A petitioner who obtains a protection order or consent 3958
agreement under this section or a temporary protection order under 3959
section 2919.26 of the Revised Code may provide notice of the 3960
issuance or approval of the order or agreement to the judicial and 3961
law enforcement officials in any county other than the county in 3962
which the order is issued or the agreement is approved by 3963
registering that order or agreement in the other county pursuant 3964
to division (N)(2) of this section and filing a copy of the 3965
registered order or registered agreement with a law enforcement 3966
agency in the other county in accordance with that division. A 3967
person who obtains a protection order issued by a court of another 3968
state may provide notice of the issuance of the order to the 3969
judicial and law enforcement officials in any county of this state 3970
by registering the order in that county pursuant to section 3971
2919.272 of the Revised Code and filing a copy of the registered 3972
order with a law enforcement agency in that county. 3973

       (2) A petitioner may register a temporary protection order, 3974
protection order, or consent agreement in a county other than the 3975
county in which the court that issued the order or approved the 3976
agreement is located in the following manner: 3977

       (a) The petitioner shall obtain a certified copy of the order 3978
or agreement from the clerk of the court that issued the order or 3979
approved the agreement and present that certified copy to the 3980
clerk of the court of common pleas or the clerk of a municipal 3981
court or county court in the county in which the order or 3982
agreement is to be registered. 3983

       (b) Upon accepting the certified copy of the order or 3984
agreement for registration, the clerk of the court of common 3985
pleas, municipal court, or county court shall place an endorsement 3986
of registration on the order or agreement and give the petitioner 3987
a copy of the order or agreement that bears that proof of 3988
registration. 3989

       (3) The clerk of each court of common pleas, the clerk of 3990
each municipal court, and the clerk of each county court shall 3991
maintain a registry of certified copies of temporary protection 3992
orders, protection orders, or consent agreements that have been 3993
issued or approved by courts in other counties and that have been 3994
registered with the clerk. 3995

       (O) Nothing in this section prohibits the domestic relations 3996
division of a court of common pleas in counties that have a 3997
domestic relations division or a court of common pleas in counties 3998
that do not have a domestic relations division from designating a 3999
minor child as a protected party on a protection order or consent 4000
agreement.4001

       Sec. 3113.33.  As used in sections 3113.33 to 3113.40 of the 4002
Revised Code: 4003

       (A) "Domestic violence" means attempting to cause or causing 4004
bodily injury to a family or household member, or placing a family 4005
or household member by threat of force in fear of imminent 4006
physical harm. 4007

       (B) "Family or household member" means any of the following: 4008

       (1) Any of the following who is residing or has resided with 4009
the person committing the domestic violence: 4010

       (a) A spouse, a person living as a spouse, or a former spouse 4011
of the person committing the domestic violence; 4012

       (b) A parent, foster parent, or child of the person 4013
committing the domestic violence, or another person related by 4014
consanguinity or affinity to the person committing the domestic 4015
violence; 4016

       (c) A parent or a child of a spouse, person living as a 4017
spouse, or former spouse of the person committing the domestic 4018
violence, or another person related by consanguinity or affinity 4019
to a spouse, person living as a spouse, or former spouse of the 4020
person committing the domestic violence; 4021

       (d) The dependents of any person listed in division 4022
(B)(1)(a), (b), or (c) of this section. 4023

       (2) The natural parent of any child of whom the person 4024
committing the domestic violence is the other natural parent or is 4025
the putative other natural parent. 4026

       (C) "Shelter for victims of domestic violence" or "shelter" 4027
means a facility that provides temporary residential service or 4028
facilities to family or household members who are victims of 4029
domestic violence. 4030

       (D) "Person living as a spouse" means a person who is living 4031
or has lived with the person committing the domestic violence in a 4032
common law marital relationship, who otherwise is cohabiting with 4033
the person committing the domestic violence, or who otherwise has 4034
cohabited with the person committing the domestic violence within 4035
five years prior to the date of the alleged occurrence of the act 4036
in question. 4037

       Section 2. That existing sections 109.36, 109.57, 2151.23, 4038
2151.358, 2152.02, 2301.03, 2743.191, 2903.214, 2913.04, 2919.25, 4039
2919.27, 3109.06, 3113.31, and 3113.33 of the Revised Code are 4040
hereby repealed. 4041

       Section 3. Sections 2151.23, 2151.358, 2152.02, 2743.191, 4042
2903.214, 2919.25, 2919.27, 3113.31, and 3113.33 of the Revised 4043
Code, as amended by this act, and section 2151.34 of the Revised 4044
Code, as enacted by this act, shall be named the "Shynerra Grant 4045
Law."4046

       Section 4.  Section 109.57 of the Revised Code is presented 4047
in this act as a composite of the section as amended by both Am. 4048
Sub. H.B. 1 and Sub. S.B. 79 of the 128th General Assembly. 4049
Section 2151.23 of the Revised Code is presented in this act as a 4050
composite of the section as amended by both Am. Sub. H.B. 214 and 4051
Am. Sub. S.B. 10 of the 127th General Assembly. Section 3113.33 of 4052
the Revised Code is presented in this act as a composite of the 4053
section as amended by both Am. Sub. H.B. 215 and Am. Sub. S.B. 1 4054
of the 122nd General Assembly. The General Assembly, applying the 4055
principle stated in division (B) of section 1.52 of the Revised 4056
Code that amendments are to be harmonized if reasonably capable of 4057
simultaneous operation, finds that the composites are the 4058
resulting versions of the sections in effect prior to the 4059
effective date of the sections as presented in this act. 4060