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To amend sections 109.36, 109.57, 1901.26, 1901.261, | 1 |
1907.24, 2101.16, 2101.162, 2101.17, 2111.51, | 2 |
2113.031, 2151.23, 2151.358, 2151.541, 2152.02, | 3 |
2301.03, 2303.20, 2303.201, 2329.07, 2743.191, | 4 |
2903.214, 2913.04, 2919.25, 2919.27, 3109.06, | 5 |
3113.31, and 3113.33 and to enact sections | 6 |
2151.34 and 2303.202 of the Revised Code to allow | 7 |
a juvenile court to issue a protection order | 8 |
against a child who is alleged to have committed | 9 |
certain offenses or domestic violence against the | 10 |
person to be protected, to include foster parents | 11 |
under the scope of the domestic violence laws, to | 12 |
prohibit the unauthorized use of the Ohio Law | 13 |
Enforcement Gateway, to include courts of appeals | 14 |
within the definition of "state" for the purposes | 15 |
of representation by the attorney general in a | 16 |
civil action brought against a judge that was | 17 |
elected or appointed to a court of appeals or a | 18 |
person employed by a court of appeals, to give the | 19 |
judges of the Butler County Court of Common Pleas | 20 |
concurrent jurisdiction with judges of the | 21 |
Juvenile Division of the Butler County Court of | 22 |
Common Pleas with respect to certain custody and | 23 |
support cases, to provide for the establishment by | 24 |
court rule of certain fees to be charged by the | 25 |
municipal court, court of common pleas, and | 26 |
probate court, to provide that the judgments | 27 |
against courts and clerks of courts do not become | 28 |
dormant, to increase the additional filing fees in | 29 |
municipal and county courts and courts of common | 30 |
pleas, and to restrict the use of any portion of | 31 |
those fees received by the Ohio Legal Assistance | 32 |
Foundation or any recipient of financial | 33 |
assistance from the Foundation. | 34 |
Section 1. That sections 109.36, 109.57, 1901.26, 1901.261, | 35 |
1907.24, 2101.16, 2101.162, 2101.17, 2111.51, 2113.031, 2151.23, | 36 |
2151.358, 2151.541, 2152.02, 2301.03, 2303.20, 2303.201, 2329.07, | 37 |
2743.191, 2903.214, 2913.04, 2919.25, 2919.27, 3109.06, 3113.31, | 38 |
and 3113.33 be amended and sections 2151.34 and 2303.202 of the | 39 |
Revised Code be enacted to read as follows: | 40 |
Sec. 109.36. As used in this section and sections 109.361 to | 41 |
109.366 of the Revised Code: | 42 |
(A)(1) "Officer or employee" means any of the following: | 43 |
(a) A person who, at the time a cause of action against the | 44 |
person arises, is serving in an elected or appointed office or | 45 |
position with the state or is employed by the state. | 46 |
(b) A person that, at the time a cause of action against the | 47 |
person, partnership, or corporation arises, is rendering medical, | 48 |
nursing, dental, podiatric, optometric, physical therapeutic, | 49 |
psychiatric, or psychological services pursuant to a personal | 50 |
services contract or purchased service contract with a department, | 51 |
agency, or institution of the state. | 52 |
(c) A person that, at the time a cause of action against the | 53 |
person, partnership, or corporation arises, is rendering peer | 54 |
review, utilization review, or drug utilization review services in | 55 |
relation to medical, nursing, dental, podiatric, optometric, | 56 |
physical therapeutic, psychiatric, or psychological services | 57 |
pursuant to a personal services contract or purchased service | 58 |
contract with a department, agency, or institution of the state. | 59 |
(d) A person who, at the time a cause of action against the | 60 |
person arises, is rendering medical services to patients in a | 61 |
state institution operated by the department of mental health, is | 62 |
a member of the institution's staff, and is performing the | 63 |
services pursuant to an agreement between the state institution | 64 |
and a board of alcohol, drug addiction, and mental health services | 65 |
described in section 340.021 of the Revised Code. | 66 |
(2) "Officer or employee" does not include any person | 67 |
elected, appointed, or employed by any political subdivision of | 68 |
the state. | 69 |
(B) "State" means the state of Ohio, including but not | 70 |
limited to, the general assembly, the supreme court, courts of | 71 |
appeals, the offices of all elected state officers, and all | 72 |
departments, boards, offices, commissions, agencies, institutions, | 73 |
and other instrumentalities of the state of Ohio. "State" does not | 74 |
include political subdivisions. | 75 |
(C) "Political subdivisions" of the state means municipal | 76 |
corporations, townships, counties, school districts, and all other | 77 |
bodies corporate and politic responsible for governmental | 78 |
activities only in geographical areas smaller than that of the | 79 |
state. | 80 |
(D) "Employer" means the general assembly, the supreme court, | 81 |
courts of appeals, any office of an elected state officer, or any | 82 |
department, board, office, commission, agency, institution, or | 83 |
other instrumentality of the state of Ohio that employs or | 84 |
contracts with an officer or employee or to which an officer or | 85 |
employee is elected or appointed. | 86 |
Sec. 109.57. (A)(1) The superintendent of the bureau of | 87 |
criminal identification and investigation shall procure from | 88 |
wherever procurable and file for record photographs, pictures, | 89 |
descriptions, fingerprints, measurements, and other information | 90 |
that may be pertinent of all persons who have been convicted of | 91 |
committing within this state a felony, any crime constituting a | 92 |
misdemeanor on the first offense and a felony on subsequent | 93 |
offenses, or any misdemeanor described in division (A)(1)(a), | 94 |
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code, | 95 |
of all children under eighteen years of age who have been | 96 |
adjudicated delinquent children for committing within this state | 97 |
an act that would be a felony or an offense of violence if | 98 |
committed by an adult or who have been convicted of or pleaded | 99 |
guilty to committing within this state a felony or an offense of | 100 |
violence, and of all well-known and habitual criminals. The | 101 |
person in charge of any county, multicounty, municipal, | 102 |
municipal-county, or multicounty-municipal jail or workhouse, | 103 |
community-based correctional facility, halfway house, alternative | 104 |
residential facility, or state correctional institution and the | 105 |
person in charge of any state institution having custody of a | 106 |
person suspected of having committed a felony, any crime | 107 |
constituting a misdemeanor on the first offense and a felony on | 108 |
subsequent offenses, or any misdemeanor described in division | 109 |
(A)(1)(a), (A)(8)(a), or (A)(10)(a) of section 109.572 of the | 110 |
Revised Code or having custody of a child under eighteen years of | 111 |
age with respect to whom there is probable cause to believe that | 112 |
the child may have committed an act that would be a felony or an | 113 |
offense of violence if committed by an adult shall furnish such | 114 |
material to the superintendent of the bureau. Fingerprints, | 115 |
photographs, or other descriptive information of a child who is | 116 |
under eighteen years of age, has not been arrested or otherwise | 117 |
taken into custody for committing an act that would be a felony | 118 |
or an offense of violence who is not in any other category of | 119 |
child specified in this division, if committed by an adult, has | 120 |
not been adjudicated a delinquent child for committing an act that | 121 |
would be a felony or an offense of violence if committed by an | 122 |
adult, has not been convicted of or pleaded guilty to committing | 123 |
a felony or an offense of violence, and is not a child with | 124 |
respect to whom there is probable cause to believe that the child | 125 |
may have committed an act that would be a felony or an offense of | 126 |
violence if committed by an adult shall not be procured by the | 127 |
superintendent or furnished by any person in charge of any | 128 |
county, multicounty, municipal, municipal-county, or | 129 |
multicounty-municipal jail or workhouse, community-based | 130 |
correctional facility, halfway house, alternative residential | 131 |
facility, or state correctional institution, except as authorized | 132 |
in section 2151.313 of the Revised Code. | 133 |
(2) Every clerk of a court of record in this state, other | 134 |
than the supreme court or a court of appeals, shall send to the | 135 |
superintendent of the bureau a weekly report containing a summary | 136 |
of each case involving a felony, involving any crime constituting | 137 |
a misdemeanor on the first offense and a felony on subsequent | 138 |
offenses, involving a misdemeanor described in division (A)(1)(a), | 139 |
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code, | 140 |
or involving an adjudication in a case in which a child under | 141 |
eighteen years of age was alleged to be a delinquent child for | 142 |
committing an act that would be a felony or an offense of | 143 |
violence if committed by an adult. The clerk of the court of | 144 |
common pleas shall include in the report and summary the clerk | 145 |
sends under this division all information described in divisions | 146 |
(A)(2)(a) to (f) of this section regarding a case before the | 147 |
court of appeals that is served by that clerk. The summary shall | 148 |
be written on the standard forms furnished by the superintendent | 149 |
pursuant to division (B) of this section and shall include the | 150 |
following information: | 151 |
(a) The incident tracking number contained on the standard | 152 |
forms furnished by the superintendent pursuant to division (B) of | 153 |
this section; | 154 |
(b) The style and number of the case; | 155 |
(c) The date of arrest, offense, summons, or arraignment; | 156 |
(d) The date that the person was convicted of or pleaded | 157 |
guilty to the offense, adjudicated a delinquent child for | 158 |
committing the act that would be a felony or an offense of | 159 |
violence if committed by an adult, found not guilty of the | 160 |
offense, or found not to be a delinquent child for committing an | 161 |
act that would be a felony or an offense of violence if committed | 162 |
by an adult, the date of an entry dismissing the charge, an entry | 163 |
declaring a mistrial of the offense in which the person is | 164 |
discharged, an entry finding that the person or child is not | 165 |
competent to stand trial, or an entry of a nolle prosequi, or the | 166 |
date of any other determination that constitutes final resolution | 167 |
of the case; | 168 |
(e) A statement of the original charge with the section of | 169 |
the Revised Code that was alleged to be violated; | 170 |
(f) If the person or child was convicted, pleaded guilty, or | 171 |
was adjudicated a delinquent child, the sentence or terms of | 172 |
probation imposed or any other disposition of the offender or the | 173 |
delinquent child. | 174 |
If the offense involved the disarming of a law enforcement | 175 |
officer or an attempt to disarm a law enforcement officer, the | 176 |
clerk shall clearly state that fact in the summary, and the | 177 |
superintendent shall ensure that a clear statement of that fact is | 178 |
placed in the bureau's records. | 179 |
(3) The superintendent shall cooperate with and assist | 180 |
sheriffs, chiefs of police, and other law enforcement officers in | 181 |
the establishment of a complete system of criminal identification | 182 |
and in obtaining fingerprints and other means of identification of | 183 |
all persons arrested on a charge of a felony, any crime | 184 |
constituting a misdemeanor on the first offense and a felony on | 185 |
subsequent offenses, or a misdemeanor described in division | 186 |
(A)(1)(a), (A)(8)(a), or (A)(10)(a) of section 109.572 of the | 187 |
Revised Code and of all children under eighteen years of age | 188 |
arrested or otherwise taken into custody for committing an act | 189 |
that would be a felony or an offense of violence if committed by | 190 |
an adult. The superintendent also shall file for record the | 191 |
fingerprint impressions of all persons confined in a county, | 192 |
multicounty, municipal, municipal-county, or multicounty-municipal | 193 |
jail or workhouse, community-based correctional facility, halfway | 194 |
house, alternative residential facility, or state correctional | 195 |
institution for the violation of state laws and of all children | 196 |
under eighteen years of age who are confined in a county, | 197 |
multicounty, municipal, municipal-county, or multicounty-municipal | 198 |
jail or workhouse, community-based correctional facility, halfway | 199 |
house, alternative residential facility, or state correctional | 200 |
institution or in any facility for delinquent children for | 201 |
committing an act that would be a felony or an offense of violence | 202 |
if committed by an adult, and any other information that the | 203 |
superintendent may receive from law enforcement officials of the | 204 |
state and its political subdivisions. | 205 |
(4) The superintendent shall carry out Chapter 2950. of the | 206 |
Revised Code with respect to the registration of persons who are | 207 |
convicted of or plead guilty to a sexually oriented offense or a | 208 |
child-victim oriented offense and with respect to all other duties | 209 |
imposed on the bureau under that chapter. | 210 |
(5) The bureau shall perform centralized recordkeeping | 211 |
functions for criminal history records and services in this state | 212 |
for purposes of the national crime prevention and privacy compact | 213 |
set forth in section 109.571 of the Revised Code and is the | 214 |
criminal history record repository as defined in that section for | 215 |
purposes of that compact. The superintendent or the | 216 |
superintendent's designee is the compact officer for purposes of | 217 |
that compact and shall carry out the responsibilities of the | 218 |
compact officer specified in that compact. | 219 |
(B) The superintendent shall prepare and furnish to every | 220 |
county, multicounty, municipal, municipal-county, or | 221 |
multicounty-municipal jail or workhouse, community-based | 222 |
correctional facility, halfway house, alternative residential | 223 |
facility, or state correctional institution and to every clerk of | 224 |
a court in this state specified in division (A)(2) of this section | 225 |
standard forms for reporting the information required under | 226 |
division (A) of this section. The standard forms that the | 227 |
superintendent prepares pursuant to this division may be in a | 228 |
tangible format, in an electronic format, or in both tangible | 229 |
formats and electronic formats. | 230 |
(C)(1) The superintendent may operate a center for | 231 |
electronic, automated, or other data processing for the storage | 232 |
and retrieval of information, data, and statistics pertaining to | 233 |
criminals and to children under eighteen years of age who are | 234 |
adjudicated delinquent children for committing an act that would | 235 |
be a felony or an offense of violence if committed by an adult, | 236 |
criminal activity, crime prevention, law enforcement, and criminal | 237 |
justice, and may establish and operate a statewide communications | 238 |
network to be known as the Ohio law enforcement gateway to gather | 239 |
and disseminate information, data, and statistics for the use of | 240 |
law enforcement agencies and for other uses specified in this | 241 |
division. The superintendent may gather, store, retrieve, and | 242 |
disseminate information, data, and statistics that pertain to | 243 |
children who are under eighteen years of age and that are gathered | 244 |
pursuant to sections 109.57 to 109.61 of the Revised Code together | 245 |
with information, data, and statistics that pertain to adults and | 246 |
that are gathered pursuant to those sections. | 247 |
(2) The superintendent or the superintendent's designee shall | 248 |
gather information of the nature described in division (C)(1) of | 249 |
this section that pertains to the offense and delinquency history | 250 |
of a person who has been convicted of, pleaded guilty to, or been | 251 |
adjudicated a delinquent child for committing a sexually oriented | 252 |
offense or a child-victim oriented offense for inclusion in the | 253 |
state registry of sex offenders and child-victim offenders | 254 |
maintained pursuant to division (A)(1) of section 2950.13 of the | 255 |
Revised Code and in the internet database operated pursuant to | 256 |
division (A)(13) of that section and for possible inclusion in the | 257 |
internet database operated pursuant to division (A)(11) of that | 258 |
section. | 259 |
(3) In addition to any other authorized use of information, | 260 |
data, and statistics of the nature described in division (C)(1) | 261 |
of this section, the superintendent or the superintendent's | 262 |
designee may provide and exchange the information, data, and | 263 |
statistics pursuant to the national crime prevention and privacy | 264 |
compact as described in division (A)(5) of this section. | 265 |
(4) The attorney general may adopt rules under Chapter 119. | 266 |
of the Revised Code establishing guidelines for the operation of | 267 |
and participation in the Ohio law enforcement gateway. The rules | 268 |
may include criteria for granting and restricting access to | 269 |
information gathered and disseminated through the Ohio law | 270 |
enforcement gateway. The attorney general may appoint a steering | 271 |
committee to advise the attorney general in the operation of the | 272 |
Ohio law enforcement gateway that is comprised of persons who are | 273 |
representatives of the criminal justice agencies in this state | 274 |
that use the Ohio law enforcement gateway and is chaired by the | 275 |
superintendent or the superintendent's designee. | 276 |
(D)(1) The | 277 |
section 149.43 of the Revised Code: | 278 |
(a) Information and materials furnished to the superintendent | 279 |
pursuant to division (A) of this section | 280 |
(b) Information, data, and statistics gathered or | 281 |
disseminated through the Ohio law enforcement gateway pursuant to | 282 |
division (C)(1) of this section; | 283 |
(c) Information and materials furnished to any board or | 284 |
person under division (F) or (G) of this section | 285 |
286 |
(2) The superintendent or the superintendent's designee shall | 287 |
gather and retain information so furnished under division (A) of | 288 |
this section that pertains to the offense and delinquency history | 289 |
of a person who has been convicted of, pleaded guilty to, or been | 290 |
adjudicated a delinquent child for committing a sexually oriented | 291 |
offense or a child-victim oriented offense for the purposes | 292 |
described in division (C)(2) of this section. | 293 |
(E) The attorney general shall adopt rules, in accordance | 294 |
with Chapter 119. of the Revised Code, setting forth the procedure | 295 |
by which a person may receive or release information gathered by | 296 |
the superintendent pursuant to division (A) of this section. A | 297 |
reasonable fee may be charged for this service. If a temporary | 298 |
employment service submits a request for a determination of | 299 |
whether a person the service plans to refer to an employment | 300 |
position has been convicted of or pleaded guilty to an offense | 301 |
listed in division (A)(1), (3), (4), (5), or (6) of section | 302 |
109.572 of the Revised Code, the request shall be treated as a | 303 |
single request and only one fee shall be charged. | 304 |
(F)(1) As used in division (F)(2) of this section, "head | 305 |
start agency" means an entity in this state that has been approved | 306 |
to be an agency for purposes of subchapter II of the "Community | 307 |
Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831, | 308 |
as amended. | 309 |
(2)(a) In addition to or in conjunction with any request that | 310 |
is required to be made under section 109.572, 2151.86, 3301.32, | 311 |
3301.541, 3319.39, 3319.391, 3327.10, 3701.881, 5104.012, | 312 |
5104.013, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised | 313 |
Code or that is made under section 3314.41, 3319.392, or 3326.25 | 314 |
of the Revised Code, the board of education of any school | 315 |
district; the director of developmental disabilities; any county | 316 |
board of developmental disabilities; any entity under contract | 317 |
with a county board of developmental disabilities; the chief | 318 |
administrator of any chartered nonpublic school; the chief | 319 |
administrator of any home health agency; the chief administrator | 320 |
of or person operating any child day-care center, type A family | 321 |
day-care home, or type B family day-care home licensed or | 322 |
certified under Chapter 5104. of the Revised Code; the | 323 |
administrator of any type C family day-care home certified | 324 |
pursuant to Section 1 of Sub. H.B. 62 of the 121st general | 325 |
assembly or Section 5 of Am. Sub. S.B. 160 of the 121st general | 326 |
assembly; the chief administrator of any head start agency; the | 327 |
executive director of a public children services agency; a private | 328 |
company described in section 3314.41, 3319.392, or 3326.25 of the | 329 |
Revised Code; or an employer described in division (J)(2) of | 330 |
section 3327.10 of the Revised Code may request that the | 331 |
superintendent of the bureau investigate and determine, with | 332 |
respect to any individual who has applied for employment in any | 333 |
position after October 2, 1989, or any individual wishing to | 334 |
apply for employment with a board of education may request, with | 335 |
regard to the individual, whether the bureau has any information | 336 |
gathered under division (A) of this section that pertains to that | 337 |
individual. On receipt of the request, the superintendent shall | 338 |
determine whether that information exists and, upon request of | 339 |
the person, board, or entity requesting information, also shall | 340 |
request from the federal bureau of investigation any criminal | 341 |
records it has pertaining to that individual. The superintendent | 342 |
or the superintendent's designee also may request criminal | 343 |
history records from other states or the federal government | 344 |
pursuant to the national crime prevention and privacy compact set | 345 |
forth in section 109.571 of the Revised Code. Within thirty days | 346 |
of the date that the superintendent receives a request, the | 347 |
superintendent shall send to the board, entity, or person a | 348 |
report of any information that the superintendent determines | 349 |
exists, including information contained in records that have been | 350 |
sealed under section 2953.32 of the Revised Code, and, within | 351 |
thirty days of its receipt, shall send the board, entity, or | 352 |
person a report of any information received from the federal | 353 |
bureau of investigation, other than information the dissemination | 354 |
of which is prohibited by federal law. | 355 |
(b) When a board of education is required to receive | 356 |
information under this section as a prerequisite to employment of | 357 |
an individual pursuant to section 3319.39 of the Revised Code, it | 358 |
may accept a certified copy of records that were issued by the | 359 |
bureau of criminal identification and investigation and that are | 360 |
presented by an individual applying for employment with the | 361 |
district in lieu of requesting that information itself. In such a | 362 |
case, the board shall accept the certified copy issued by the | 363 |
bureau in order to make a photocopy of it for that individual's | 364 |
employment application documents and shall return the certified | 365 |
copy to the individual. In a case of that nature, a district only | 366 |
shall accept a certified copy of records of that nature within one | 367 |
year after the date of their issuance by the bureau. | 368 |
(c) Notwithstanding division (F)(2)(a) of this section, in | 369 |
the case of a request under section 3319.39, 3319.391, or 3327.10 | 370 |
of the Revised Code only for criminal records maintained by the | 371 |
federal bureau of investigation, the superintendent shall not | 372 |
determine whether any information gathered under division (A) of | 373 |
this section exists on the person for whom the request is made. | 374 |
(3) The state board of education may request, with respect to | 375 |
any individual who has applied for employment after October 2, | 376 |
1989, in any position with the state board or the department of | 377 |
education, any information that a school district board of | 378 |
education is authorized to request under division (F)(2) of this | 379 |
section, and the superintendent of the bureau shall proceed as if | 380 |
the request has been received from a school district board of | 381 |
education under division (F)(2) of this section. | 382 |
(4) When the superintendent of the bureau receives a request | 383 |
for information under section 3319.291 of the Revised Code, the | 384 |
superintendent shall proceed as if the request has been received | 385 |
from a school district board of education and shall comply with | 386 |
divisions (F)(2)(a) and (c) of this section. | 387 |
(5) When a recipient of a classroom reading improvement grant | 388 |
paid under section 3301.86 of the Revised Code requests, with | 389 |
respect to any individual who applies to participate in providing | 390 |
any program or service funded in whole or in part by the grant, | 391 |
the information that a school district board of education is | 392 |
authorized to request under division (F)(2)(a) of this section, | 393 |
the superintendent of the bureau shall proceed as if the request | 394 |
has been received from a school district board of education under | 395 |
division (F)(2)(a) of this section. | 396 |
(G) In addition to or in conjunction with any request that is | 397 |
required to be made under section 3701.881, 3712.09, 3721.121, or | 398 |
3722.151 of the Revised Code with respect to an individual who has | 399 |
applied for employment in a position that involves providing | 400 |
direct care to an older adult, the chief administrator of a home | 401 |
health agency, hospice care program, home licensed under Chapter | 402 |
3721. of the Revised Code, adult day-care program operated | 403 |
pursuant to rules adopted under section 3721.04 of the Revised | 404 |
Code, or adult care facility may request that the superintendent | 405 |
of the bureau investigate and determine, with respect to any | 406 |
individual who has applied after January 27, 1997, for employment | 407 |
in a position that does not involve providing direct care to an | 408 |
older adult, whether the bureau has any information gathered under | 409 |
division (A) of this section that pertains to that individual. | 410 |
In addition to or in conjunction with any request that is | 411 |
required to be made under section 173.27 of the Revised Code with | 412 |
respect to an individual who has applied for employment in a | 413 |
position that involves providing ombudsperson services to | 414 |
residents of long-term care facilities or recipients of | 415 |
community-based long-term care services, the state long-term care | 416 |
ombudsperson, ombudsperson's designee, or director of health may | 417 |
request that the superintendent investigate and determine, with | 418 |
respect to any individual who has applied for employment in a | 419 |
position that does not involve providing such ombudsperson | 420 |
services, whether the bureau has any information gathered under | 421 |
division (A) of this section that pertains to that applicant. | 422 |
In addition to or in conjunction with any request that is | 423 |
required to be made under section 173.394 of the Revised Code with | 424 |
respect to an individual who has applied for employment in a | 425 |
position that involves providing direct care to an individual, the | 426 |
chief administrator of a community-based long-term care agency may | 427 |
request that the superintendent investigate and determine, with | 428 |
respect to any individual who has applied for employment in a | 429 |
position that does not involve providing direct care, whether the | 430 |
bureau has any information gathered under division (A) of this | 431 |
section that pertains to that applicant. | 432 |
On receipt of a request under this division, the | 433 |
superintendent shall determine whether that information exists | 434 |
and, on request of the individual requesting information, shall | 435 |
also request from the federal bureau of investigation any criminal | 436 |
records it has pertaining to the applicant. The superintendent or | 437 |
the superintendent's designee also may request criminal history | 438 |
records from other states or the federal government pursuant to | 439 |
the national crime prevention and privacy compact set forth in | 440 |
section 109.571 of the Revised Code. Within thirty days of the | 441 |
date a request is received, the superintendent shall send to the | 442 |
requester a report of any information determined to exist, | 443 |
including information contained in records that have been sealed | 444 |
under section 2953.32 of the Revised Code, and, within thirty days | 445 |
of its receipt, shall send the requester a report of any | 446 |
information received from the federal bureau of investigation, | 447 |
other than information the dissemination of which is prohibited by | 448 |
federal law. | 449 |
(H) Information obtained by a government entity or person | 450 |
under this section is confidential and shall not be released or | 451 |
disseminated. | 452 |
(I) The superintendent may charge a reasonable fee for | 453 |
providing information or criminal records under division (F)(2) or | 454 |
(G) of this section. | 455 |
(J) As used in this section, "sexually oriented offense" and | 456 |
"child-victim oriented offense" have the same meanings as in | 457 |
section 2950.01 of the Revised Code. | 458 |
Sec. 1901.26. (A) Subject to division (E) of this section, | 459 |
costs in a municipal court shall be fixed and taxed as follows: | 460 |
(1)(a) The municipal court shall require an advance deposit | 461 |
for the filing of any new civil action or proceeding when required | 462 |
by division (C) of this section, and in all other cases, by rule, | 463 |
shall establish a schedule of fees and costs to be taxed in any | 464 |
civil or criminal action or proceeding. | 465 |
(b)(i) The legislative authority of a municipal corporation | 466 |
may by ordinance establish a schedule of fees to be taxed as costs | 467 |
in any civil, criminal, or traffic action or proceeding in a | 468 |
municipal court for the performance by officers or other employees | 469 |
of the municipal corporation's police department or marshal's | 470 |
office of any of the services specified in sections 311.17 and | 471 |
509.15 of the Revised Code. No fee in the schedule shall be higher | 472 |
than the fee specified in section 311.17 of the Revised Code for | 473 |
the performance of the same service by the sheriff. If a fee | 474 |
established in the schedule conflicts with a fee for the same | 475 |
service established in another section of the Revised Code or a | 476 |
rule of court, the fee established in the other section of the | 477 |
Revised Code or the rule of court shall apply. | 478 |
(ii) When an officer or employee of a municipal police | 479 |
department or marshal's office performs in a civil, criminal, or | 480 |
traffic action or proceeding in a municipal court a service | 481 |
specified in section 311.17 or 509.15 of the Revised Code for | 482 |
which a taxable fee has been established under this or any other | 483 |
section of the Revised Code, the applicable legal fees and any | 484 |
other extraordinary expenses, including overtime, provided for the | 485 |
service shall be taxed as costs in the case. The clerk of the | 486 |
court shall pay those legal fees and other expenses, when | 487 |
collected, into the general fund of the municipal corporation that | 488 |
employs the officer or employee. | 489 |
(iii) If a bailiff of a municipal court performs in a civil, | 490 |
criminal, or traffic action or proceeding in that court a service | 491 |
specified in section 311.17 or 509.15 of the Revised Code for | 492 |
which a taxable fee has been established under this section or any | 493 |
other section of the Revised Code, the fee for the service is the | 494 |
same and is taxable to the same extent as if the service had been | 495 |
performed by an officer or employee of the police department or | 496 |
marshal's office of the municipal corporation in which the court | 497 |
is located. The clerk of that court shall pay the fee, when | 498 |
collected, into the general fund of the entity or entities that | 499 |
fund the bailiff's salary, in the same prorated amount as the | 500 |
salary is funded. | 501 |
(iv) Division (A)(1)(b) of this section does not authorize or | 502 |
require any officer or employee of a police department or | 503 |
marshal's office of a municipal corporation or any bailiff of a | 504 |
municipal court to perform any service not otherwise authorized by | 505 |
law. | 506 |
(2) The municipal court, by rule, may require an advance | 507 |
deposit for the filing of any civil action or proceeding and | 508 |
publication fees as provided in section 2701.09 of the Revised | 509 |
Code. The court may waive the requirement for advance deposit upon | 510 |
affidavit or other evidence that a party is unable to make the | 511 |
required deposit. | 512 |
(3) When a jury trial is demanded in any civil action or | 513 |
proceeding, the party making the demand may be required to make an | 514 |
advance deposit as fixed by rule of court, unless, upon affidavit | 515 |
or other evidence, the court concludes that the party is unable to | 516 |
make the required deposit. If a jury is called, the fees of a jury | 517 |
shall be taxed as costs. | 518 |
(4) In any civil or criminal action or proceeding, each | 519 |
witness shall receive twelve dollars for each full day's | 520 |
attendance and six dollars for each half day's attendance. Each | 521 |
witness in a municipal court that is not a county-operated | 522 |
municipal court also shall receive fifty and one-half cents for | 523 |
each mile necessarily traveled to and from the witness's place of | 524 |
residence to the action or proceeding. | 525 |
(5) A reasonable charge for driving, towing, carting, | 526 |
storing, keeping, and preserving motor vehicles and other personal | 527 |
property recovered or seized in any proceeding may be taxed as | 528 |
part of the costs in a trial of the cause, in an amount that shall | 529 |
be fixed by rule of court. | 530 |
(6) Chattel property seized under any writ or process issued | 531 |
by the court shall be preserved pending final disposition for the | 532 |
benefit of all persons interested and may be placed in storage | 533 |
when necessary or proper for that preservation. The custodian of | 534 |
any chattel property so stored shall not be required to part with | 535 |
the possession of the property until a reasonable charge, to be | 536 |
fixed by the court, is paid. | 537 |
(7) The municipal court, as it determines, may refund all | 538 |
deposits and advance payments of fees and costs, including those | 539 |
for jurors and summoning jurors, when they have been paid by the | 540 |
losing party. | 541 |
(8) Charges for the publication of legal notices required by | 542 |
statute or order of court may be taxed as part of the costs, as | 543 |
provided by section 7.13 of the Revised Code. | 544 |
(B)(1) The municipal court may determine that, for the | 545 |
efficient operation of the court, additional funds are necessary | 546 |
to acquire and pay for special projects of the court including, | 547 |
but not limited to, the acquisition of additional facilities or | 548 |
the rehabilitation of existing facilities, the acquisition of | 549 |
equipment, the hiring and training of staff, community service | 550 |
programs, mediation or dispute resolution services, the employment | 551 |
of magistrates, the training and education of judges, acting | 552 |
judges, and magistrates, and other related services. Upon that | 553 |
determination, the court by rule may charge a fee, in addition to | 554 |
all other court costs, on the filing of each criminal cause, civil | 555 |
action or proceeding, or judgment by confession. | 556 |
If the municipal court offers a special program or service in | 557 |
cases of a specific type, the municipal court by rule may assess | 558 |
an additional charge in a case of that type, over and above court | 559 |
costs, to cover the special program or service. The municipal | 560 |
court shall adjust the special assessment periodically, but not | 561 |
retroactively, so that the amount assessed in those cases does not | 562 |
exceed the actual cost of providing the service or program. | 563 |
All moneys collected under division (B) of this section shall | 564 |
be paid to the county treasurer if the court is a county-operated | 565 |
municipal court or to the city treasurer if the court is not a | 566 |
county-operated municipal court for deposit into either a general | 567 |
special projects fund or a fund established for a specific special | 568 |
project. Moneys from a fund of that nature shall be disbursed upon | 569 |
an order of the court in an amount no greater than the actual cost | 570 |
to the court of a project. If a specific fund is terminated | 571 |
because of the discontinuance of a program or service established | 572 |
under division (B) of this section, the municipal court may order | 573 |
that moneys remaining in the fund be transferred to an account | 574 |
established under this division for a similar purpose. | 575 |
(2) As used in division (B) of this section: | 576 |
(a) "Criminal cause" means a charge alleging the violation of | 577 |
a statute or ordinance, or subsection of a statute or ordinance, | 578 |
that requires a separate finding of fact or a separate plea before | 579 |
disposition and of which the defendant may be found guilty, | 580 |
whether filed as part of a multiple charge on a single summons, | 581 |
citation, or complaint or as a separate charge on a single | 582 |
summons, citation, or complaint. "Criminal cause" does not include | 583 |
separate violations of the same statute or ordinance, or | 584 |
subsection of the same statute or ordinance, unless each charge is | 585 |
filed on a separate summons, citation, or complaint. | 586 |
(b) "Civil action or proceeding" means any civil litigation | 587 |
that must be determined by judgment entry. | 588 |
(C) The municipal court shall collect in all its divisions | 589 |
except the small claims division the sum of | 590 |
dollars as additional filing fees in each new civil action or | 591 |
proceeding for the charitable public purpose of providing | 592 |
financial assistance to legal aid societies that operate within | 593 |
the state and to support the office of the state public defender. | 594 |
The municipal court shall collect in its small claims division the | 595 |
sum of eleven dollars as additional filing fees in each new civil | 596 |
action or proceeding for the charitable public purpose of | 597 |
providing financial assistance to legal aid societies that operate | 598 |
within the state and to support the office of the state public | 599 |
defender. This division does not apply to any execution on a | 600 |
judgment, proceeding in aid of execution, or other post-judgment | 601 |
proceeding arising out of a civil action. The filing fees required | 602 |
to be collected under this division shall be in addition to any | 603 |
other court costs imposed in the action or proceeding and shall be | 604 |
collected at the time of the filing of the action or proceeding. | 605 |
The court shall not waive the payment of the additional filing | 606 |
fees in a new civil action or proceeding unless the court waives | 607 |
the advanced payment of all filing fees in the action or | 608 |
proceeding. All such moneys collected during a month except for an | 609 |
amount equal to up to one per cent of those moneys retained to | 610 |
cover administrative costs shall be transmitted on or before the | 611 |
twentieth day of the following month by the clerk of the court to | 612 |
the treasurer of state in a manner prescribed by the treasurer of | 613 |
state or by the Ohio legal assistance foundation. The treasurer of | 614 |
state shall deposit | 615 |
under this division to the credit of the civil case filing fee | 616 |
fund established under section 120.07 of the Revised Code and | 617 |
618 | |
division to the credit of the legal aid fund established under | 619 |
section 120.52 of the Revised Code. | 620 |
The Ohio legal assistance foundation or any recipient of | 621 |
financial assistance from the foundation that receives, or | 622 |
benefits from, any portion of the additional filing fees that are | 623 |
collected and transmitted under this division shall not bring or | 624 |
maintain any action for damages against the state or its political | 625 |
subdivisions, except if the sole amount sought is restitutionary | 626 |
damages or damages measured by economic loss to one or more | 627 |
plaintiffs. | 628 |
The court may retain up to one per cent of the moneys it | 629 |
collects under this division to cover administrative costs, | 630 |
including the hiring of any additional personnel necessary to | 631 |
implement this division. If the court fails to transmit to the | 632 |
treasurer of state the moneys the court collects under this | 633 |
division in a manner prescribed by the treasurer of state or by | 634 |
the Ohio legal assistance foundation, the court shall forfeit the | 635 |
moneys the court retains under this division to cover | 636 |
administrative costs, including the hiring of any additional | 637 |
personnel necessary to implement this division, and shall transmit | 638 |
to the treasurer of state all moneys collected under this | 639 |
division, including the forfeited amount retained for | 640 |
administrative costs, for deposit in the legal aid fund. | 641 |
(D) In the Cleveland municipal court, reasonable charges for | 642 |
investigating titles of real estate to be sold or disposed of | 643 |
under any writ or process of the court may be taxed as part of the | 644 |
costs. | 645 |
(E) Under the circumstances described in sections 2969.21 to | 646 |
2969.27 of the Revised Code, the clerk of the municipal court | 647 |
shall charge the fees and perform the other duties specified in | 648 |
those sections. | 649 |
(F) As used in this section: | 650 |
(1) "Full day's attendance" means a day on which a witness is | 651 |
required or requested to be present at an action or proceeding | 652 |
before and after twelve noon, regardless of whether the witness | 653 |
actually testifies. | 654 |
(2) "Half day's attendance" means a day on which a witness is | 655 |
required or requested to be present at an action or proceeding | 656 |
either before or after twelve noon, but not both, regardless of | 657 |
whether the witness actually testifies. | 658 |
Sec. 1901.261. (A)(1) A municipal court may determine that | 659 |
for the efficient operation of the court additional funds are | 660 |
required to computerize the court, to make available computerized | 661 |
legal research services, or to do both. Upon making a | 662 |
determination that additional funds are required for either or | 663 |
both of those purposes, the court shall | 664 |
665 | |
by rule and charge one additional fee not to exceed | 666 |
dollars on the filing of each cause of action or appeal equivalent | 667 |
to one described in division (A), (Q), or (U) of section 2303.20 | 668 |
of the Revised Code and shall direct the clerk of the court to | 669 |
charge the fee. Not less than thirty days before adopting a rule | 670 |
under this division, the clerk of the court shall publish a notice | 671 |
in a newspaper of general circulation in the county in which the | 672 |
municipal court is located setting forth the proposed rule. | 673 |
(2) All fees collected under this section shall be paid to | 674 |
the county treasurer if the court is a county-operated municipal | 675 |
court or to the city treasurer if the court is not a | 676 |
county-operated municipal court. The treasurer shall place the | 677 |
funds from the fees in a separate fund to be disbursed upon an | 678 |
order of the court in an amount not greater than the actual cost | 679 |
to the court of computerizing the court, procuring and maintaining | 680 |
computerized legal research services, or both. | 681 |
(3) If the court determines that the funds in the fund | 682 |
described in division (A)(2) of this section are more than | 683 |
sufficient to satisfy the purpose for which the additional fee | 684 |
described in division (A)(1) of this section was imposed, the | 685 |
court may declare a surplus in the fund and expend those surplus | 686 |
funds for other appropriate technological expenses of the court. | 687 |
(B)(1) A municipal court may determine that, for the | 688 |
efficient operation of the court, additional funds are required to | 689 |
make technological advances and to computerize the office of the | 690 |
clerk of the court and, upon that determination, may | 691 |
692 | |
693 | |
exceed | 694 |
appeal, on the filing, docketing, and endorsing of each | 695 |
certificate of judgment, or on the docketing and indexing of each | 696 |
aid in execution or petition to vacate, revive, or modify a | 697 |
judgment that is equivalent to one described in division (A), (P), | 698 |
(Q), (T), or (U) of section 2303.20 of the Revised Code. Not less | 699 |
than thirty days before adopting a rule under this division, the | 700 |
clerk of the court shall publish a notice in a newspaper of | 701 |
general circulation in the county in which the municipal court is | 702 |
located setting forth the proposed rule. Subject to division | 703 |
(B)(2) of this section, all moneys collected under division (B)(1) | 704 |
of this section shall be paid to the county treasurer if the court | 705 |
is a county-operated municipal court or to the city treasurer if | 706 |
the court is not a county-operated municipal court. The treasurer | 707 |
shall place the funds from the fees in a separate fund to be | 708 |
disbursed, upon an order of the municipal court and subject to an | 709 |
appropriation by the board of county commissioners if the court is | 710 |
a county-operated municipal court or by the legislative authority | 711 |
of the municipal corporation if the court is not a county-operated | 712 |
municipal court, in an amount no greater than the actual cost to | 713 |
the court of procuring and maintaining computer systems for the | 714 |
office of the clerk of the municipal court. | 715 |
(2) If a municipal court makes the determination described in | 716 |
division (B)(1) of this section, the board of county commissioners | 717 |
of the county if the court is a county-operated municipal court or | 718 |
the legislative authority of the municipal corporation if the | 719 |
court is not a county-operated municipal court, may issue one or | 720 |
more general obligation bonds for the purpose of procuring and | 721 |
maintaining the computer systems for the office of the clerk of | 722 |
the municipal court. In addition to the purposes stated in | 723 |
division (B)(1) of this section for which the moneys collected | 724 |
under that division may be expended, the moneys additionally may | 725 |
be expended to pay debt charges and financing costs related to any | 726 |
general obligation bonds issued pursuant to division (B)(2) of | 727 |
this section as they become due. General obligation bonds issued | 728 |
pursuant to division (B)(2) of this section are Chapter 133. | 729 |
securities. | 730 |
Sec. 1907.24. (A) Subject to division (C) of this section, a | 731 |
county court shall fix and tax fees and costs as follows: | 732 |
(1) The county court shall require an advance deposit for the | 733 |
filing of any new civil action or proceeding when required by | 734 |
division (C) of this section and, in all other cases, shall | 735 |
establish a schedule of fees and costs to be taxed in any civil or | 736 |
criminal action or proceeding. | 737 |
(2) The county court by rule may require an advance deposit | 738 |
for the filing of a civil action or proceeding and publication | 739 |
fees as provided in section 2701.09 of the Revised Code. The court | 740 |
may waive an advance deposit requirement upon the presentation of | 741 |
an affidavit or other evidence that establishes that a party is | 742 |
unable to make the requisite deposit. | 743 |
(3) When a party demands a jury trial in a civil action or | 744 |
proceeding, the county court may require the party to make an | 745 |
advance deposit as fixed by rule of court, unless the court | 746 |
concludes, on the basis of an affidavit or other evidence | 747 |
presented by the party, that the party is unable to make the | 748 |
requisite deposit. If a jury is called, the county court shall tax | 749 |
the fees of a jury as costs. | 750 |
(4) In a civil or criminal action or proceeding, the county | 751 |
court shall fix the fees of witnesses in accordance with sections | 752 |
2335.06 and 2335.08 of the Revised Code. | 753 |
(5) A county court may tax as part of the costs in a trial of | 754 |
the cause, in an amount fixed by rule of court, a reasonable | 755 |
charge for driving, towing, carting, storing, keeping, and | 756 |
preserving motor vehicles and other personal property recovered or | 757 |
seized in a proceeding. | 758 |
(6) The court shall preserve chattel property seized under a | 759 |
writ or process issued by the court pending final disposition for | 760 |
the benefit of all interested persons. The court may place the | 761 |
chattel property in storage when necessary or proper for its | 762 |
preservation. The custodian of chattel property so stored shall | 763 |
not be required to part with the possession of the property until | 764 |
a reasonable charge, to be fixed by the court, is paid. | 765 |
(7) The county court, as it determines, may refund all | 766 |
deposits and advance payments of fees and costs, including those | 767 |
for jurors and summoning jurors, when they have been paid by the | 768 |
losing party. | 769 |
(8) The court may tax as part of costs charges for the | 770 |
publication of legal notices required by statute or order of | 771 |
court, as provided by section 7.13 of the Revised Code. | 772 |
(B)(1) The county court may determine that, for the efficient | 773 |
operation of the court, additional funds are necessary to acquire | 774 |
and pay for special projects of the court including, but not | 775 |
limited to, the acquisition of additional facilities or the | 776 |
rehabilitation of existing facilities, the acquisition of | 777 |
equipment, the hiring and training of staff, community service | 778 |
programs, mediation or dispute resolution services, the employment | 779 |
of magistrates, the training and education of judges, acting | 780 |
judges, and magistrates, and other related services. Upon that | 781 |
determination, the court by rule may charge a fee, in addition to | 782 |
all other court costs, on the filing of each criminal cause, civil | 783 |
action or proceeding, or judgment by confession. | 784 |
If the county court offers a special program or service in | 785 |
cases of a specific type, the county court by rule may assess an | 786 |
additional charge in a case of that type, over and above court | 787 |
costs, to cover the special program or service. The county court | 788 |
shall adjust the special assessment periodically, but not | 789 |
retroactively, so that the amount assessed in those cases does not | 790 |
exceed the actual cost of providing the service or program. | 791 |
All moneys collected under division (B) of this section shall | 792 |
be paid to the county treasurer for deposit into either a general | 793 |
special projects fund or a fund established for a specific special | 794 |
project. Moneys from a fund of that nature shall be disbursed upon | 795 |
an order of the court in an amount no greater than the actual cost | 796 |
to the court of a project. If a specific fund is terminated | 797 |
because of the discontinuance of a program or service established | 798 |
under division (B) of this section, the county court may order | 799 |
that moneys remaining in the fund be transferred to an account | 800 |
established under this division for a similar purpose. | 801 |
(2) As used in division (B) of this section: | 802 |
(a) "Criminal cause" means a charge alleging the violation of | 803 |
a statute or ordinance, or subsection of a statute or ordinance, | 804 |
that requires a separate finding of fact or a separate plea before | 805 |
disposition and of which the defendant may be found guilty, | 806 |
whether filed as part of a multiple charge on a single summons, | 807 |
citation, or complaint or as a separate charge on a single | 808 |
summons, citation, or complaint. "Criminal cause" does not include | 809 |
separate violations of the same statute or ordinance, or | 810 |
subsection of the same statute or ordinance, unless each charge is | 811 |
filed on a separate summons, citation, or complaint. | 812 |
(b) "Civil action or proceeding" means any civil litigation | 813 |
that must be determined by judgment entry. | 814 |
(C) Subject to division (E) of this section, the county court | 815 |
shall collect in all its divisions except the small claims | 816 |
division the sum of | 817 |
filing fees in each new civil action or proceeding for the | 818 |
charitable public purpose of providing financial assistance to | 819 |
legal aid societies that operate within the state and to support | 820 |
the office of the state public defender. Subject to division (E) | 821 |
of this section, the county court shall collect in its small | 822 |
claims division the sum of eleven dollars as additional filing | 823 |
fees in each new civil action or proceeding for the charitable | 824 |
public purpose of providing financial assistance to legal aid | 825 |
societies that operate within the state and to support the office | 826 |
of the state public defender. This division does not apply to any | 827 |
execution on a judgment, proceeding in aid of execution, or other | 828 |
post-judgment proceeding arising out of a civil action. The filing | 829 |
fees required to be collected under this division shall be in | 830 |
addition to any other court costs imposed in the action or | 831 |
proceeding and shall be collected at the time of the filing of the | 832 |
action or proceeding. The court shall not waive the payment of the | 833 |
additional filing fees in a new civil action or proceeding unless | 834 |
the court waives the advanced payment of all filing fees in the | 835 |
action or proceeding. All such moneys collected during a month | 836 |
except for an amount equal to up to one per cent of those moneys | 837 |
retained to cover administrative costs shall be transmitted on or | 838 |
before the twentieth day of the following month by the clerk of | 839 |
the court to the treasurer of state in a manner prescribed by the | 840 |
treasurer of state or by the Ohio legal assistance foundation. The | 841 |
treasurer of state shall deposit | 842 |
collected under this division to the credit of the civil case | 843 |
filing fee fund established under section 120.07 of the Revised | 844 |
Code and | 845 |
under this division to the credit of the legal aid fund | 846 |
established under section 120.52 of the Revised Code. | 847 |
The Ohio legal assistance foundation or any recipient of | 848 |
financial assistance from the foundation that receives, or | 849 |
benefits from, any portion of the additional filing fees that are | 850 |
collected and transmitted under this division shall not bring or | 851 |
maintain any action for damages against the state or its political | 852 |
subdivisions, except if the sole amount sought is restitutionary | 853 |
damages or damages measured by economic loss to one or more | 854 |
plaintiffs. | 855 |
The court may retain up to one per cent of the moneys it | 856 |
collects under this division to cover administrative costs, | 857 |
including the hiring of any additional personnel necessary to | 858 |
implement this division. If the court fails to transmit to the | 859 |
treasurer of state the moneys the court collects under this | 860 |
division in a manner prescribed by the treasurer of state or by | 861 |
the Ohio legal assistance foundation, the court shall forfeit the | 862 |
moneys the court retains under this division to cover | 863 |
administrative costs, including the hiring of any additional | 864 |
personnel necessary to implement this division, and shall transmit | 865 |
to the treasurer of state all moneys collected under this | 866 |
division, including the forfeited amount retained for | 867 |
administrative costs, for deposit in the legal aid fund. | 868 |
(D) The county court shall establish by rule a schedule of | 869 |
fees for miscellaneous services performed by the county court or | 870 |
any of its judges in accordance with law. If judges of the court | 871 |
of common pleas perform similar services, the fees prescribed in | 872 |
the schedule shall not exceed the fees for those services | 873 |
prescribed by the court of common pleas. | 874 |
(E) Under the circumstances described in sections 2969.21 to | 875 |
2969.27 of the Revised Code, the clerk of the county court shall | 876 |
charge the fees and perform the other duties specified in those | 877 |
sections. | 878 |
Sec. 2101.16. (A) Except as provided in section 2101.164 of | 879 |
the Revised Code, the probate court shall establish by rule, | 880 |
charge, and collect, if possible, fees | 881 |
rendered in proceedings referred to in this division
| 882 |
883 | |
fees shall be in full for all services rendered in the respective | 884 |
proceedings. The fee established for services rendered in any | 885 |
proceeding referred to in division (A)(2), (29), (33), (44), or | 886 |
(57) of this section shall not be less than the amount of that fee | 887 |
that must be deposited into a specific fund under division (C) or | 888 |
(G) of this section. The probate judge may by rule modify any fee | 889 |
previously established under this division. Not less than thirty | 890 |
days before adopting a rule under this division, the probate judge | 891 |
shall publish a notice in a newspaper of general circulation in | 892 |
the county in which the probate court is located setting forth the | 893 |
proposed rule. The probate judge shall establish fees for services | 894 |
rendered in the following proceedings, not to exceed the specified | 895 |
amounts: | 896 |
(1) | Account, in addition to advertising charges | 897 | |||||
$ | 898 | ||||||
Waivers and proof of notice of hearing on account, per page |
899 | ||||||
$ | 900 | ||||||
(2) | 901 | ||||||
902 | |||||||
Adoption |
903 | ||||||
$ | 904 | ||||||
Alter or cancel contract for sale or purchase of real estate, petition to | 905 | ||||||
$ | 906 | ||||||
907 | |||||||
$ | 908 | ||||||
Appropriation suit, per day, hearing in | 909 | ||||||
$ | 910 | ||||||
Birth, application for registration of | 911 | ||||||
$ | 912 | ||||||
Birth record, application to correct | 913 | ||||||
$ | 914 | ||||||
Bond, application for new or additional | 915 | ||||||
$ | 916 | ||||||
Bond, application for release of surety or reduction of | 917 | ||||||
$ | 918 | ||||||
Bond, receipt for securities deposited in lieu of | 919 | ||||||
$ | 920 | ||||||
Certified copy of journal entry, record, or proceeding, per page |
921 | ||||||
$ | 922 | ||||||
Citation and issuing citation, application for | 923 | ||||||
$ | 924 | ||||||
Change of name, petition for | 925 | ||||||
$ | 926 | ||||||
Claim, application of administrator or executor for allowance of administrator's or executor's own | 927 | ||||||
$ | 928 | ||||||
Claim, application to compromise or settle | 929 | ||||||
$ | 930 | ||||||
Claim, authority to present | 931 | ||||||
$ | 932 | ||||||
Commissioner, appointment of | 933 | ||||||
$ | 934 | ||||||
Compensation for extraordinary services and attorney's fees for fiduciary, application for | 935 | ||||||
$ | 936 | ||||||
Competency, application to procure adjudication of | 937 | ||||||
$ | 938 | ||||||
Complete contract, application to | 939 | ||||||
$ | 940 | ||||||
Concealment of assets, citation for | 941 | ||||||
$ | 942 | ||||||
Construction of will, petition for | 943 | ||||||
$ | 944 | ||||||
Continue decedent's business, application to | 945 | ||||||
$ | 946 | ||||||
Monthly reports of operation | 947 | ||||||
$ | 948 | ||||||
Declaratory judgment, petition for | 949 | ||||||
$ | 950 | ||||||
Deposit of will | 951 | ||||||
$ | 952 | ||||||
Designation of heir | 953 | ||||||
$ | 954 | ||||||
Distribution in kind, application, assent, and order for | 955 | ||||||
$ | 956 | ||||||
Distribution under section 2109.36 of the Revised Code, application for an order of | 957 | ||||||
$ | 958 | ||||||
Docketing and indexing proceedings, including the filing and noting of all necessary documents |
959 | ||||||
$ | 960 | ||||||
Exceptions to any proceeding named in this section, contest of appointment or | 961 | ||||||
$ | 962 | ||||||
Election of surviving partner to purchase assets of partnership, proceedings relating to | 963 | ||||||
$ | 964 | ||||||
Election of surviving spouse under will | 965 | ||||||
$ | 966 | ||||||
Fiduciary, including an assignee or trustee of an insolvent debtor or any guardian or conservator accountable to the probate court, appointment of | 967 | ||||||
$ | 968 | ||||||
Foreign will, application to record | 969 | ||||||
$ | 970 | ||||||
Record of foreign will, additional, per page | 971 | ||||||
$ | 972 | ||||||
Forms, per case, when |
973 | ||||||
$ | 974 | ||||||
Heirship, petition to determine | 975 | ||||||
$ | 976 | ||||||
Injunction proceedings | 977 | ||||||
$ | 978 | ||||||
Improve real estate, petition to | 979 | ||||||
$ | 980 | ||||||
Inventory with appraisement | 981 | ||||||
$ | 982 | ||||||
983 | |||||||
984 | |||||||
Investment or expenditure of funds, application and entry for | 985 | ||||||
$ | 986 | ||||||
Invest in real estate, application to | 987 | ||||||
$ | 988 | ||||||
Lease for oil, gas, coal, or other mineral, petition to | 989 | ||||||
$ | 990 | ||||||
Lease or lease and improve real estate, petition to | 991 | ||||||
$ | 992 | ||||||
Marriage license | 993 | ||||||
$ | 994 | ||||||
Certified abstract of each marriage | 995 | ||||||
$ | 996 | ||||||
Minor or mentally ill person, etc., disposal of estate under ten thousand dollars of | 997 | ||||||
$ | 998 | ||||||
Mortgage or mortgage and repair or improve real estate, petition to | 999 | ||||||
$ | 1000 | ||||||
Newly discovered assets, report of | 1001 | ||||||
$ | 1002 | ||||||
Nonresident executor or administrator to bar creditors' claims, proceedings by | 1003 | ||||||
$ | 1004 | ||||||
Power of attorney or revocation of power, bonding company | 1005 | ||||||
$ | 1006 | ||||||
Presumption of death, petition to establish | 1007 | ||||||
$ | 1008 | ||||||
Probating will | 1009 | ||||||
$ | 1010 | ||||||
Proof of notice to beneficiaries | 1011 | ||||||
$ | 5.00 | 1012 | |||||
Purchase personal property, application of surviving spouse to | 1013 | ||||||
$ | 1014 | ||||||
Purchase real estate at appraised value, petition of surviving spouse to | 1015 | ||||||
$ | 1016 | ||||||
Receipts in addition to advertising charges, application and order to record | 1017 | ||||||
$ | 1018 | ||||||
Record of those receipts, additional, per page | 1019 | ||||||
$ | 1020 | ||||||
Record in excess of |
1021 | ||||||
$ | 1022 | ||||||
Release of estate by mortgagee or other lienholder | 1023 | ||||||
$ | 1024 | ||||||
Relieving an estate from administration under section 2113.03 of the Revised Code or granting an order for a summary release from administration under section 2113.031 of the Revised Code | 1025 | ||||||
$ | 60.00 | 1026 | |||||
Removal of fiduciary, application for | 1027 | ||||||
$ | 1028 | ||||||
Requalification of executor or administrator | 1029 | ||||||
$ | 1030 | ||||||
Resignation of fiduciary | 1031 | ||||||
$ | 1032 | ||||||
Sale bill, public sale of personal property | 1033 | ||||||
$ | 1034 | ||||||
Sale of personal property and report, application for | 1035 | ||||||
$ | 1036 | ||||||
Sale of real estate, petition for | 1037 | ||||||
$ | 1038 | ||||||
Terminate guardianship, |
1039 | ||||||
$ | 1040 | ||||||
Transfer of real estate, application, entry, and certificate for | 1041 | ||||||
$ | 1042 | ||||||
Unclaimed money, application to invest | 1043 | ||||||
$ | 1044 | ||||||
Vacate approval of account or order of distribution, motion to | 1045 | ||||||
$ | 1046 | ||||||
Writ of execution | 1047 | ||||||
$ | 1048 | ||||||
Writ of possession | 1049 | ||||||
$ | 1050 | ||||||
Wrongful death, application and settlement of claim for | 1051 | ||||||
$ | 1052 | ||||||
Year's allowance, petition to review | 1053 | ||||||
$ | 1054 | ||||||
Guardian's report, filing and review of | 1055 | ||||||
$ | 1056 |
(B)(1) In relation to an application for the appointment of a | 1057 |
guardian or the review of a report of a guardian under section | 1058 |
2111.49 of the Revised Code, the probate court, pursuant to court | 1059 |
order or in accordance with a court rule, may direct that the | 1060 |
applicant or the estate pay any or all of the expenses of an | 1061 |
investigation conducted pursuant to section 2111.041 or division | 1062 |
(A)(2) of section 2111.49 of the Revised Code. If the | 1063 |
investigation is conducted by a public employee or investigator | 1064 |
who is paid by the county, the fees for the investigation shall be | 1065 |
paid into the county treasury. If the court finds that an alleged | 1066 |
incompetent or a ward is indigent, the court may waive the costs, | 1067 |
fees, and expenses of an investigation. | 1068 |
(2) In relation to the appointment or functioning of a | 1069 |
guardian for a minor or the guardianship of a minor, the probate | 1070 |
court may direct that the applicant or the estate pay any or all | 1071 |
of the expenses of an investigation conducted pursuant to section | 1072 |
2111.042 of the Revised Code. If the investigation is conducted by | 1073 |
a public employee or investigator who is paid by the county, the | 1074 |
fees for the investigation shall be paid into the county treasury. | 1075 |
If the court finds that the guardian or applicant is indigent, the | 1076 |
court may waive the costs, fees, and expenses of an investigation. | 1077 |
(C) | 1078 |
collected pursuant to division (A) | 1079 |
dollars of the fee collected pursuant to division (A)(33) of this | 1080 |
section, ten dollars of the fee collected pursuant to division | 1081 |
(A)(44) of this section, and
| 1082 |
1083 | |
this section shall be deposited by the county treasurer in the | 1084 |
indigent guardianship fund created pursuant to section 2111.51 of | 1085 |
the Revised Code. | 1086 |
(D) The fees of witnesses, jurors, sheriffs, coroners, and | 1087 |
constables for services rendered in the probate court or by order | 1088 |
of the probate judge shall be the same as provided for like | 1089 |
services in the court of common pleas. | 1090 |
(E) The probate court, by rule, may require an advance | 1091 |
deposit for costs, not to exceed | 1092 |
dollars plus the cost of publication, at the time application is | 1093 |
made for an appointment as executor or administrator or at the | 1094 |
time a will is presented for probate. | 1095 |
(F) The probate court, by rule, shall establish a reasonable | 1096 |
fee, not to exceed fifty dollars, for the filing of a petition for | 1097 |
the release of information regarding an adopted person's name by | 1098 |
birth and the identity of the adopted person's biological parents | 1099 |
and biological siblings pursuant to section 3107.41 of the Revised | 1100 |
Code, all proceedings relative to the petition, the entry of an | 1101 |
order relative to the petition, and all services required to be | 1102 |
performed in connection with the petition. The probate court may | 1103 |
use a reasonable portion of a fee charged under authority of this | 1104 |
division to reimburse any agency, as defined in section 3107.39 of | 1105 |
the Revised Code, for any services it renders in performing a task | 1106 |
described in section 3107.41 of the Revised Code relative to or in | 1107 |
connection with the petition for which the fee was charged. | 1108 |
(G)(1) Thirty dollars of the | 1109 |
pursuant to division (A) | 1110 |
into the "putative father registry fund," which is hereby created | 1111 |
in the state treasury. The department of job and family services | 1112 |
shall use the money in the fund to fund the department's costs of | 1113 |
performing its duties related to the putative father registry | 1114 |
established under section 3107.062 of the Revised Code. | 1115 |
(2) If the department determines that money in the putative | 1116 |
father registry fund is more than is needed for its duties related | 1117 |
to the putative father registry, the department may use the | 1118 |
surplus moneys in the fund as permitted in division (C) of section | 1119 |
2151.3529, division (B) of section 2151.3530, or section 5103.155 | 1120 |
of the Revised Code. | 1121 |
Sec. 2101.162. (A)(1) The probate judge may determine that, | 1122 |
for the efficient operation of the probate court, additional funds | 1123 |
are required to computerize the court, make available computerized | 1124 |
legal research services, or to do both. Upon making a | 1125 |
determination that additional funds are required for either or | 1126 |
both of those purposes, the probate judge shall establish by rule | 1127 |
and charge a fee not to exceed | 1128 |
direct a deputy clerk of | 1129 |
to exceed | 1130 |
divisions (A)(1),
| 1131 |
1132 | |
1133 | |
(19) to (24), (26), (29) to (31), (33), (34), (36) to (46), (48) | 1134 |
to (53), (57) to (59), (61) to (64), (67), and (70) of section | 1135 |
2101.16 of the Revised Code, the fee adopted pursuant to division | 1136 |
(F) of that section, and the fee charged in connection with the | 1137 |
docketing and indexing of an appeal. Not less than thirty days | 1138 |
before adopting a rule under this division, the probate judge | 1139 |
shall publish a notice in a newspaper of general circulation in | 1140 |
the county in which the probate court is located setting forth the | 1141 |
proposed rule. | 1142 |
(2) All moneys collected under division (A)(1) of this | 1143 |
section shall be paid to the county treasurer. The treasurer shall | 1144 |
place the moneys from the fees in a separate fund to be disbursed, | 1145 |
upon an order of the probate judge, in an amount no greater than | 1146 |
the actual cost to the court of procuring and maintaining | 1147 |
computerization of the court, computerized legal research | 1148 |
services, or both. | 1149 |
(3) If the court determines that the funds in the fund | 1150 |
described in division (A)(2) of this section are more than | 1151 |
sufficient to satisfy the purpose for which the additional fee | 1152 |
described in division (A)(1) of this section was imposed, the | 1153 |
court may declare a surplus in the fund and expend those surplus | 1154 |
funds for other appropriate technological expenses of the court. | 1155 |
(B)(1) The probate judge may determine that, for the | 1156 |
efficient operation of | 1157 |
required to computerize the office of the clerk of the court and, | 1158 |
upon that determination, may establish by rule and charge a fee, | 1159 |
not to exceed | 1160 |
deputy clerk of the probate court to charge a fee, not to exceed | 1161 |
1162 | |
divisions (A)(1), | 1163 |
1164 | |
1165 | |
(19) to (24), (26), (29) to (31), (33), (34), (36) to (46), (48) | 1166 |
to (53), (57) to (59), (61) to (64), (67), and (70) of section | 1167 |
2101.16 of the Revised Code, the fee adopted pursuant to division | 1168 |
(F) of that section, and the fee charged in connection with the | 1169 |
docketing and indexing of an appeal. Not less than thirty days | 1170 |
before adopting a rule under this division, the probate judge | 1171 |
shall publish a notice in a newspaper of general circulation in | 1172 |
the county in which the probate court is located setting forth the | 1173 |
proposed rule. Subject to division (B)(2) of this section, all | 1174 |
moneys collected under this division shall be paid to the county | 1175 |
treasurer to be disbursed, upon an order of the probate judge and | 1176 |
subject to appropriation by the board of county commissioners, in | 1177 |
an amount no greater than the actual cost to the probate court of | 1178 |
procuring and maintaining computer systems for the office of the | 1179 |
clerk of the court. | 1180 |
(2) If the probate judge makes the determination described in | 1181 |
division (B)(1) of this section, the board of county commissioners | 1182 |
may issue one or more general obligation bonds for the purpose of | 1183 |
procuring and maintaining the computer systems for the office of | 1184 |
the clerk of the probate court. In addition to the purposes stated | 1185 |
in division (B)(1) of this section for which the moneys collected | 1186 |
under that division may be expended, the moneys additionally may | 1187 |
be expended to pay debt charges on and financing costs related to | 1188 |
any general obligation bonds issued pursuant to this division as | 1189 |
they become due. General obligation bonds issued pursuant to this | 1190 |
division are Chapter 133. securities. | 1191 |
Sec. 2101.17. The fees enumerated in this section shall be | 1192 |
paid to the probate court from the county treasury upon the | 1193 |
warrant of the county auditor which shall issue upon the | 1194 |
certificate of the probate judge and shall be in full for all | 1195 |
services rendered in the respective proceedings as follows: | 1196 |
(A) | For each hearing to determine if a person is a mentally ill individual subject to hospitalization when the person is committed to a state hospital or to relatives | 1197 | |||||
$ | 1198 | ||||||
(B) | When the person is discharged | 1199 | |||||
|
1200 | ||||||
(C) | For order of return of a mentally ill person to a state hospital or removal therefrom | 1201 | |||||
1202 | |||||||
(D) | For proceedings for committing a person to an institution for the mentally retarded | 1203 | |||||
1204 | |||||||
(E) | For habeas corpus proceedings when a person is confined under color of proceedings in a criminal case and is discharged | 1205 | |||||
1206 | |||||||
(F) | When acting as a juvenile judge, for each case filed against a |
1207 | |||||
1208 | |||||||
(G) | For proceedings to take a child from parents or other persons having control thereof | 1209 | |||||
1210 |
Sec. 2111.51. Each county shall establish in the county | 1211 |
treasury an indigent guardianship fund. All revenue that the | 1212 |
general assembly appropriates to the indigent guardianship fund | 1213 |
for a county, | 1214 |
collected pursuant to division (A) | 1215 |
the Revised Code, fifty dollars of the fee collected pursuant to | 1216 |
division (A)(33) of that section, ten dollars of the fee collected | 1217 |
pursuant to division (A)(44) of that section, and | 1218 |
dollars of the
| 1219 |
(A) | 1220 |
that is established in that county. Expenditures from the fund | 1221 |
shall be made only upon order of the probate judge and only for | 1222 |
payment of any cost, fee, charge, or expense associated with the | 1223 |
establishment, opening, maintenance, or termination of a | 1224 |
guardianship for an indigent ward. | 1225 |
If a probate court determines that there are reasonably | 1226 |
sufficient funds in the indigent guardianship fund of the county | 1227 |
in which the court is located to meet the needs of indigent | 1228 |
guardianships in that county, the court, by order, may declare a | 1229 |
surplus in the indigent guardianship fund and expend the surplus | 1230 |
funds for other guardianship expenses or for other court purposes. | 1231 |
Sec. 2113.031. (A) As used in this section: | 1232 |
(1) "Financial institution" has the same meaning as in | 1233 |
section 5725.01 of the Revised Code. "Financial institution" also | 1234 |
includes a credit union and a fiduciary that is not a trust | 1235 |
company but that does trust business. | 1236 |
(2) "Funeral and burial expenses" means whichever of the | 1237 |
following applies: | 1238 |
(a) The funeral and burial expenses of the decedent that are | 1239 |
included in the bill of a funeral director; | 1240 |
(b) The funeral expenses of the decedent that are not | 1241 |
included in the bill of a funeral director and that have been | 1242 |
approved by the probate court; | 1243 |
(c) The funeral and burial expenses of the decedent that are | 1244 |
described in divisions (A)(2)(a) and (b) of this section. | 1245 |
(3) "Surviving spouse" means either of the following: | 1246 |
(a) The surviving spouse of a decedent who died leaving the | 1247 |
surviving spouse and no minor children; | 1248 |
(b) The surviving spouse of a decedent who died leaving the | 1249 |
surviving spouse and minor children, all of whom are children of | 1250 |
the decedent and the surviving spouse. | 1251 |
(B)(1) If the value of the assets of the decedent's estate | 1252 |
does not exceed the lesser of five thousand dollars or the amount | 1253 |
of the decedent's funeral and burial expenses, any person who is | 1254 |
not a surviving spouse and who has paid or is obligated in writing | 1255 |
to pay the decedent's funeral and burial expenses, including a | 1256 |
person described in section 2108.89 of the Revised Code, may apply | 1257 |
to the probate court for an order granting a summary release from | 1258 |
administration in accordance with this section. | 1259 |
(2) If either of the following applies, the decedent's | 1260 |
surviving spouse may apply to the probate court for an order | 1261 |
granting a summary release from administration in accordance with | 1262 |
this section: | 1263 |
(a) The decedent's funeral and burial expenses have been | 1264 |
prepaid, and the value of the assets of the decedent's estate does | 1265 |
not exceed the total of the following items: | 1266 |
(i) The allowance for support that is made under division (A) | 1267 |
of section 2106.13 of the Revised Code to the surviving spouse | 1268 |
and, if applicable, to the decedent's minor children and that is | 1269 |
distributable in accordance with division (B)(1) or (2) of that | 1270 |
section; | 1271 |
(ii) An amount, not exceeding five thousand dollars, for the | 1272 |
decedent's funeral and burial expenses referred to in division | 1273 |
(A)(2)(c) of this section. | 1274 |
(b) The decedent's funeral and burial expenses have not been | 1275 |
prepaid, the decedent's surviving spouse has paid or is obligated | 1276 |
in writing to pay the decedent's funeral and burial expenses, and | 1277 |
the value of the assets of the decedent's estate does not exceed | 1278 |
the total of the items referred to in divisions (B)(2)(a)(i) and | 1279 |
(ii) of this section. | 1280 |
(C) A probate court shall order a summary release from | 1281 |
administration in connection with a decedent's estate only if the | 1282 |
court finds that all of the following are satisfied: | 1283 |
(1) A person described in division (B)(1) of this section is | 1284 |
the applicant for a summary release from administration, and the | 1285 |
value of the assets of the decedent's estate does not exceed the | 1286 |
lesser of five thousand dollars or the amount of the decedent's | 1287 |
funeral and burial expenses, or the applicant for a summary | 1288 |
release from administration is the decedent's surviving spouse, | 1289 |
and the circumstances described in division (B)(2)(a) or (b) of | 1290 |
this section apply. | 1291 |
(2) The application for a summary release from administration | 1292 |
does all of the following: | 1293 |
(a) Describes all assets of the decedent's estate that are | 1294 |
known to the applicant; | 1295 |
(b) Is in the form that the supreme court prescribes pursuant | 1296 |
to its powers of superintendence under Section 5 of Article IV, | 1297 |
Ohio Constitution, and is consistent with the requirements of this | 1298 |
division; | 1299 |
(c) Has been signed and acknowledged by the applicant in the | 1300 |
presence of a notary public or a deputy clerk of the probate | 1301 |
court; | 1302 |
(d) Sets forth the following information if the decedent's | 1303 |
estate includes a described type of asset: | 1304 |
(i) If the decedent's estate includes a motor vehicle, the | 1305 |
motor vehicle's year, make, model, body type, manufacturer's | 1306 |
vehicle identification number, certificate of title number, and | 1307 |
date of death value; | 1308 |
(ii) If the decedent's estate includes an account maintained | 1309 |
by a financial institution, that institution's name and the | 1310 |
account's complete identifying number and date of death balance; | 1311 |
(iii) If the decedent's estate includes one or more shares of | 1312 |
stock or bonds, the total number of the shares and bonds and their | 1313 |
total date of death value and, for each share or bond, its serial | 1314 |
number, the name of its issuer, its date of death value, and, if | 1315 |
any, the name and address of its transfer agent. | 1316 |
(3) The application for a summary release from administration | 1317 |
is accompanied by all of the following that apply: | 1318 |
(a) A receipt, contract, written declaration as defined in | 1319 |
section 2108.70 of the Revised Code, or other document that | 1320 |
confirms the applicant's payment or obligation to pay the | 1321 |
decedent's funeral and burial expenses or, if applicable in the | 1322 |
case of the decedent's surviving spouse, the prepayment of the | 1323 |
decedent's funeral and burial expenses; | 1324 |
(b) An application for a certificate of transfer as described | 1325 |
in section 2113.61 of the Revised Code, if an interest in real | 1326 |
property is included in the assets of the decedent's estate; | 1327 |
(c) The fee required by division (A) | 1328 |
2101.16 of the Revised Code. | 1329 |
(4) At the time of its determination on the application, | 1330 |
there are no pending proceedings for the administration of the | 1331 |
decedent's estate and no pending proceedings for relief of the | 1332 |
decedent's estate from administration under section 2113.03 of the | 1333 |
Revised Code. | 1334 |
(5) At the time of its determination on the application, | 1335 |
there are no known assets of the decedent's estate other than the | 1336 |
assets described in the application. | 1337 |
(D) If the probate court determines that the requirements of | 1338 |
division (C) of this section are satisfied, the probate court | 1339 |
shall issue an order that grants a summary release from | 1340 |
administration in connection with the decedent's estate. The order | 1341 |
has, and shall specify that it has, all of the following effects: | 1342 |
(1) It relieves the decedent's estate from administration. | 1343 |
(2) It directs the delivery to the applicant of the | 1344 |
decedent's personal property together with the title to that | 1345 |
property. | 1346 |
(3) It directs the transfer to the applicant of the title to | 1347 |
any interests in real property included in the decedent's estate. | 1348 |
(4) It eliminates the need for a financial institution, | 1349 |
corporation, or other entity or person referred to in any | 1350 |
provision of divisions (A) to (F) of section 5731.39 of the | 1351 |
Revised Code to obtain, as otherwise would be required by any of | 1352 |
those divisions, the written consent of the tax commissioner prior | 1353 |
to the delivery, transfer, or payment to the applicant of an asset | 1354 |
of the decedent's estate. | 1355 |
(E) A certified copy of an order that grants a summary | 1356 |
release from administration together with a certified copy of the | 1357 |
application for that order constitutes sufficient authority for a | 1358 |
financial institution, corporation, or other entity or person | 1359 |
referred to in divisions (A) to (F) of section 5731.39 of the | 1360 |
Revised Code or for a clerk of a court of common pleas to transfer | 1361 |
title to an asset of the decedent's estate to the applicant for | 1362 |
the summary release from administration. | 1363 |
(F) This section does not affect the ability of qualified | 1364 |
persons to file an application to relieve an estate from | 1365 |
administration under section 2113.03 of the Revised Code or to | 1366 |
file an application for the grant of letters testamentary or | 1367 |
letters of administration in connection with the decedent's | 1368 |
estate. | 1369 |
Sec. 2151.23. (A) The juvenile court has exclusive original | 1370 |
jurisdiction under the Revised Code as follows: | 1371 |
(1) Concerning any child who on or about the date specified | 1372 |
in the complaint, indictment, or information is alleged to have | 1373 |
violated section 2151.87 of the Revised Code or an order issued | 1374 |
under that section or to be a juvenile traffic offender or a | 1375 |
delinquent, unruly, abused, neglected, or dependent child and, | 1376 |
based on and in relation to the allegation pertaining to the | 1377 |
child, concerning the parent, guardian, or other person having | 1378 |
care of a child who is alleged to be an unruly or delinquent child | 1379 |
for being an habitual or chronic truant; | 1380 |
(2) Subject to divisions (G), (K), and (V) of section 2301.03 | 1381 |
of the Revised Code, to determine the custody of any child not a | 1382 |
ward of another court of this state; | 1383 |
(3) To hear and determine any application for a writ of | 1384 |
habeas corpus involving the custody of a child; | 1385 |
(4) To exercise the powers and jurisdiction given the probate | 1386 |
division of the court of common pleas in Chapter 5122. of the | 1387 |
Revised Code, if the court has probable cause to believe that a | 1388 |
child otherwise within the jurisdiction of the court is a mentally | 1389 |
ill person subject to hospitalization by court order, as defined | 1390 |
in section 5122.01 of the Revised Code; | 1391 |
(5) To hear and determine all criminal cases charging adults | 1392 |
with the violation of any section of this chapter; | 1393 |
(6) To hear and determine all criminal cases in which an | 1394 |
adult is charged with a violation of division (C) of section | 1395 |
2919.21, division (B)(1) of section 2919.22, section 2919.222, | 1396 |
division (B) of section 2919.23, or section 2919.24 of the Revised | 1397 |
Code, provided the charge is not included in an indictment that | 1398 |
also charges the alleged adult offender with the commission of a | 1399 |
felony arising out of the same actions that are the basis of the | 1400 |
alleged violation of division (C) of section 2919.21, division | 1401 |
(B)(1) of section 2919.22, section 2919.222, division (B) of | 1402 |
section 2919.23, or section 2919.24 of the Revised Code; | 1403 |
(7) Under the interstate compact on juveniles in section | 1404 |
2151.56 of the Revised Code; | 1405 |
(8) Concerning any child who is to be taken into custody | 1406 |
pursuant to section 2151.31 of the Revised Code, upon being | 1407 |
notified of the intent to take the child into custody and the | 1408 |
reasons for taking the child into custody; | 1409 |
(9) To hear and determine requests for the extension of | 1410 |
temporary custody agreements, and requests for court approval of | 1411 |
permanent custody agreements, that are filed pursuant to section | 1412 |
5103.15 of the Revised Code; | 1413 |
(10) To hear and determine applications for consent to marry | 1414 |
pursuant to section 3101.04 of the Revised Code; | 1415 |
(11) Subject to divisions (G), (K), and (V) of section | 1416 |
2301.03 of the Revised Code, to hear and determine a request for | 1417 |
an order for the support of any child if the request is not | 1418 |
ancillary to an action for divorce, dissolution of marriage, | 1419 |
annulment, or legal separation, a criminal or civil action | 1420 |
involving an allegation of domestic violence, or an action for | 1421 |
support brought under Chapter 3115. of the Revised Code; | 1422 |
(12) Concerning an action commenced under section 121.38 of | 1423 |
the Revised Code; | 1424 |
(13) To hear and determine violations of section 3321.38 of | 1425 |
the Revised Code; | 1426 |
(14) To exercise jurisdiction and authority over the parent, | 1427 |
guardian, or other person having care of a child alleged to be a | 1428 |
delinquent child, unruly child, or juvenile traffic offender, | 1429 |
based on and in relation to the allegation pertaining to the | 1430 |
child; | 1431 |
(15) To conduct the hearings, and to make the determinations, | 1432 |
adjudications, and orders authorized or required under sections | 1433 |
2152.82 to 2152.86 and Chapter 2950. of the Revised Code regarding | 1434 |
a child who has been adjudicated a delinquent child and to refer | 1435 |
the duties conferred upon the juvenile court judge under sections | 1436 |
2152.82 to 2152.86 and Chapter 2950. of the Revised Code to | 1437 |
magistrates appointed by the juvenile court judge in accordance | 1438 |
with Juvenile Rule 40; | 1439 |
(16) To hear and determine a petition for a protection order | 1440 |
against a child under section 2151.34 or 3113.31 of the Revised | 1441 |
Code and to enforce a protection order issued or a consent | 1442 |
agreement approved under either section against a child until a | 1443 |
date certain but not later than the date the child attains | 1444 |
nineteen years of age. | 1445 |
(B) Except as provided in divisions (G) and (I) of section | 1446 |
2301.03 of the Revised Code, the juvenile court has original | 1447 |
jurisdiction under the Revised Code: | 1448 |
(1) To hear and determine all cases of misdemeanors charging | 1449 |
adults with any act or omission with respect to any child, which | 1450 |
act or omission is a violation of any state law or any municipal | 1451 |
ordinance; | 1452 |
(2) To determine the paternity of any child alleged to have | 1453 |
been born out of wedlock pursuant to sections 3111.01 to 3111.18 | 1454 |
of the Revised Code; | 1455 |
(3) Under the uniform interstate family support act in | 1456 |
Chapter 3115. of the Revised Code; | 1457 |
(4) To hear and determine an application for an order for the | 1458 |
support of any child, if the child is not a ward of another court | 1459 |
of this state; | 1460 |
(5) To hear and determine an action commenced under section | 1461 |
3111.28 of the Revised Code; | 1462 |
(6) To hear and determine a motion filed under section | 1463 |
3119.961 of the Revised Code; | 1464 |
(7) To receive filings under section 3109.74 of the Revised | 1465 |
Code, and to hear and determine actions arising under sections | 1466 |
3109.51 to 3109.80 of the Revised Code. | 1467 |
(8) To enforce an order for the return of a child made under | 1468 |
the Hague Convention on the Civil Aspects of International Child | 1469 |
Abduction pursuant to section 3127.32 of the Revised Code; | 1470 |
(9) To grant any relief normally available under the laws of | 1471 |
this state to enforce a child custody determination made by a | 1472 |
court of another state and registered in accordance with section | 1473 |
3127.35 of the Revised Code. | 1474 |
(C) The juvenile court, except as to juvenile courts that are | 1475 |
a separate division of the court of common pleas or a separate and | 1476 |
independent juvenile court, has jurisdiction to hear, determine, | 1477 |
and make a record of any action for divorce or legal separation | 1478 |
that involves the custody or care of children and that is filed in | 1479 |
the court of common pleas and certified by the court of common | 1480 |
pleas with all the papers filed in the action to the juvenile | 1481 |
court for trial, provided that no certification of that nature | 1482 |
shall be made to any juvenile court unless the consent of the | 1483 |
juvenile judge first is obtained. After a certification of that | 1484 |
nature is made and consent is obtained, the juvenile court shall | 1485 |
proceed as if the action originally had been begun in that court, | 1486 |
except as to awards for spousal support or support due and unpaid | 1487 |
at the time of certification, over which the juvenile court has no | 1488 |
jurisdiction. | 1489 |
(D) The juvenile court, except as provided in divisions (G) | 1490 |
and (I) of section 2301.03 of the Revised Code, has jurisdiction | 1491 |
to hear and determine all matters as to custody and support of | 1492 |
children duly certified by the court of common pleas to the | 1493 |
juvenile court after a divorce decree has been granted, including | 1494 |
jurisdiction to modify the judgment and decree of the court of | 1495 |
common pleas as the same relate to the custody and support of | 1496 |
children. | 1497 |
(E) The juvenile court, except as provided in divisions (G) | 1498 |
and (I) of section 2301.03 of the Revised Code, has jurisdiction | 1499 |
to hear and determine the case of any child certified to the court | 1500 |
by any court of competent jurisdiction if the child comes within | 1501 |
the jurisdiction of the juvenile court as defined by this section. | 1502 |
(F)(1) The juvenile court shall exercise its jurisdiction in | 1503 |
child custody matters in accordance with sections 3109.04 and | 1504 |
3127.01 to 3127.53 of the Revised Code and, as applicable, | 1505 |
sections 5103.20 to 5103.22 or 5103.23 to 5103.237 of the Revised | 1506 |
Code. | 1507 |
(2) The juvenile court shall exercise its jurisdiction in | 1508 |
child support matters in accordance with section 3109.05 of the | 1509 |
Revised Code. | 1510 |
(G) Any juvenile court that makes or modifies an order for | 1511 |
child support shall comply with Chapters 3119., 3121., 3123., and | 1512 |
3125. of the Revised Code. If any person required to pay child | 1513 |
support under an order made by a juvenile court on or after April | 1514 |
15, 1985, or modified on or after December 1, 1986, is found in | 1515 |
contempt of court for failure to make support payments under the | 1516 |
order, the court that makes the finding, in addition to any other | 1517 |
penalty or remedy imposed, shall assess all court costs arising | 1518 |
out of the contempt proceeding against the person and require the | 1519 |
person to pay any reasonable attorney's fees of any adverse party, | 1520 |
as determined by the court, that arose in relation to the act of | 1521 |
contempt. | 1522 |
(H) If a child who is charged with an act that would be an | 1523 |
offense if committed by an adult was fourteen years of age or | 1524 |
older and under eighteen years of age at the time of the alleged | 1525 |
act and if the case is transferred for criminal prosecution | 1526 |
pursuant to section 2152.12 of the Revised Code, the juvenile | 1527 |
court does not have jurisdiction to hear or determine the case | 1528 |
subsequent to the transfer. The court to which the case is | 1529 |
transferred for criminal prosecution pursuant to that section has | 1530 |
jurisdiction subsequent to the transfer to hear and determine the | 1531 |
case in the same manner as if the case originally had been | 1532 |
commenced in that court, including, but not limited to, | 1533 |
jurisdiction to accept a plea of guilty or another plea authorized | 1534 |
by Criminal Rule 11 or another section of the Revised Code and | 1535 |
jurisdiction to accept a verdict and to enter a judgment of | 1536 |
conviction pursuant to the Rules of Criminal Procedure against the | 1537 |
child for the commission of the offense that was the basis of the | 1538 |
transfer of the case for criminal prosecution, whether the | 1539 |
conviction is for the same degree or a lesser degree of the | 1540 |
offense charged, for the commission of a lesser-included offense, | 1541 |
or for the commission of another offense that is different from | 1542 |
the offense charged. | 1543 |
(I) If a person under eighteen years of age allegedly commits | 1544 |
an act that would be a felony if committed by an adult and if the | 1545 |
person is not taken into custody or apprehended for that act until | 1546 |
after the person attains twenty-one years of age, the juvenile | 1547 |
court does not have jurisdiction to hear or determine any portion | 1548 |
of the case charging the person with committing that act. In those | 1549 |
circumstances, divisions (A) and (B) of section 2152.12 of the | 1550 |
Revised Code do not apply regarding the act, and the case charging | 1551 |
the person with committing the act shall be a criminal prosecution | 1552 |
commenced and heard in the appropriate court having jurisdiction | 1553 |
of the offense as if the person had been eighteen years of age or | 1554 |
older when the person committed the act. All proceedings | 1555 |
pertaining to the act shall be within the jurisdiction of the | 1556 |
court having jurisdiction of the offense, and that court has all | 1557 |
the authority and duties in the case that it has in other criminal | 1558 |
cases in that court. | 1559 |
(J) In exercising its exclusive original jurisdiction under | 1560 |
division (A)(16) of this section with respect to any proceedings | 1561 |
brought under section 2151.34 or 3113.31 of the Revised Code in | 1562 |
which the respondent is a child, the juvenile court retains all | 1563 |
dispositionary powers consistent with existing rules of juvenile | 1564 |
procedure and may also exercise its discretion to adjudicate | 1565 |
proceedings as provided in sections 2151.34 and 3113.31 of the | 1566 |
Revised Code, including the issuance of protection orders or the | 1567 |
approval of consent agreements under those sections. | 1568 |
Sec. 2151.34. (A) As used in this section: | 1569 |
(1) "Court" means the juvenile division of the court of | 1570 |
common pleas of the county in which the person to be protected by | 1571 |
the protection order resides. | 1572 |
(2) "Victim advocate" means a person who provides support and | 1573 |
assistance for a person who files a petition under this section. | 1574 |
(3) "Family or household member" has the same meaning as in | 1575 |
section 3113.31 of the Revised Code. | 1576 |
(4) "Protection order issued by a court of another state" has | 1577 |
the same meaning as in section 2919.27 of the Revised Code. | 1578 |
(5) "Petitioner" means a person who files a petition under | 1579 |
this section and includes a person on whose behalf a petition | 1580 |
under this section is filed. | 1581 |
(6) "Respondent" means a person who is under eighteen years | 1582 |
of age and against whom a petition is filed under this section. | 1583 |
(7) "Sexually oriented offense" has the same meaning as in | 1584 |
section 2950.01 of the Revised Code. | 1585 |
(8) "Electronic monitoring" has the same meaning as in | 1586 |
section 2929.01 of the Revised Code. | 1587 |
(B) The court has jurisdiction over all proceedings under | 1588 |
this section. | 1589 |
(C)(1) Any of the following persons may seek relief under | 1590 |
this section by filing a petition with the court: | 1591 |
(a) Any person on behalf of that person; | 1592 |
(b) Any parent or adult family or household member on behalf | 1593 |
of any other family or household member; | 1594 |
(c) Any person who is determined by the court in its | 1595 |
discretion as an appropriate person to seek relief under this | 1596 |
section on behalf of any child. | 1597 |
(2) The petition shall contain or state all of the following: | 1598 |
(a) An allegation that the respondent engaged in a violation | 1599 |
of section 2903.11, 2903.12, 2903.13, 2903.21, 2903.211, 2903.22, | 1600 |
or 2911.211 of the Revised Code, committed a sexually oriented | 1601 |
offense, or engaged in a violation of any municipal ordinance that | 1602 |
is substantially equivalent to any of those offenses against the | 1603 |
person to be protected by the protection order, including a | 1604 |
description of the nature and extent of the violation; | 1605 |
(b) If the petitioner seeks relief in the form of electronic | 1606 |
monitoring of the respondent, an allegation that at any time | 1607 |
preceding the filing of the petition the respondent engaged in | 1608 |
conduct that would cause a reasonable person to believe that the | 1609 |
health, welfare, or safety of the person to be protected was at | 1610 |
risk, a description of the nature and extent of that conduct, and | 1611 |
an allegation that the respondent presents a continuing danger to | 1612 |
the person to be protected; | 1613 |
(c) A request for relief under this section. | 1614 |
(3) The court in its discretion may determine whether or not | 1615 |
to give notice that a petition has been filed under division | 1616 |
(C)(1) of this section on behalf of a child to any of the | 1617 |
following: | 1618 |
(a) A parent of the child if the petition was filed by any | 1619 |
person other than a parent of the child; | 1620 |
(b) Any person who is determined by the court to be an | 1621 |
appropriate person to receive notice of the filing of the | 1622 |
petition. | 1623 |
(D)(1) If a person who files a petition pursuant to this | 1624 |
section requests an ex parte order, the court shall hold an ex | 1625 |
parte hearing as soon as possible after the petition is filed, but | 1626 |
not later than the next day after the court is in session after | 1627 |
the petition is filed. The court, for good cause shown at the ex | 1628 |
parte hearing, may enter any temporary orders, with or without | 1629 |
bond, that the court finds necessary for the safety and | 1630 |
protection of the person to be protected by the order. Immediate | 1631 |
and present danger to the person to be protected by the | 1632 |
protection order constitutes good cause for purposes of this | 1633 |
section. Immediate and present danger includes, but is not | 1634 |
limited to, situations in which the respondent has threatened the | 1635 |
person to be protected by the protection order with bodily harm | 1636 |
or in which the respondent previously has been convicted of, | 1637 |
pleaded guilty to, or been adjudicated a delinquent child for | 1638 |
committing a violation of section 2903.11, 2903.12, 2903.13, | 1639 |
2903.21, 2903.211, 2903.22, or 2911.211 of the Revised Code, a | 1640 |
sexually oriented offense, or a violation of any municipal | 1641 |
ordinance that is substantially equivalent to any of those | 1642 |
offenses against the person to be protected by the protection | 1643 |
order. | 1644 |
(2)(a) If the court, after an ex parte hearing, issues a | 1645 |
protection order described in division (E) of this section, the | 1646 |
court shall schedule a full hearing for a date that is within ten | 1647 |
court days after the ex parte hearing. The court shall give the | 1648 |
respondent notice of, and an opportunity to be heard at, the full | 1649 |
hearing. The court also shall give notice of the full hearing to | 1650 |
the parent, guardian, or legal custodian of the respondent. The | 1651 |
court shall hold the full hearing on the date scheduled under this | 1652 |
division unless the court grants a continuance of the hearing in | 1653 |
accordance with this division. Under any of the following | 1654 |
circumstances or for any of the following reasons, the court may | 1655 |
grant a continuance of the full hearing to a reasonable time | 1656 |
determined by the court: | 1657 |
(i) Prior to the date scheduled for the full hearing under | 1658 |
this division, the respondent has not been served with the | 1659 |
petition filed pursuant to this section and notice of the full | 1660 |
hearing. | 1661 |
(ii) The parties consent to the continuance. | 1662 |
(iii) The continuance is needed to allow a party to obtain | 1663 |
counsel. | 1664 |
(iv) The continuance is needed for other good cause. | 1665 |
(b) An ex parte order issued under this section does not | 1666 |
expire because of a failure to serve notice of the full hearing | 1667 |
upon the respondent before the date set for the full hearing under | 1668 |
division (D)(2)(a) of this section or because the court grants a | 1669 |
continuance under that division. | 1670 |
(3) If a person who files a petition pursuant to this section | 1671 |
does not request an ex parte order, or if a person requests an ex | 1672 |
parte order but the court does not issue an ex parte order after | 1673 |
an ex parte hearing, the court shall proceed as in a normal civil | 1674 |
action and grant a full hearing on the matter. | 1675 |
(E)(1)(a) After an ex parte or full hearing, the court may | 1676 |
issue any protection order, with or without bond, that contains | 1677 |
terms designed to ensure the safety and protection of the person | 1678 |
to be protected by the protection order. | 1679 |
(b) After a full hearing, if the court considering a petition | 1680 |
that includes an allegation of the type described in division | 1681 |
(C)(2)(b) of this section or the court, upon its own motion, finds | 1682 |
upon clear and convincing evidence that the petitioner reasonably | 1683 |
believed that the respondent's conduct at any time preceding the | 1684 |
filing of the petition endangered the health, welfare, or safety | 1685 |
of the person to be protected and that the respondent presents a | 1686 |
continuing danger to the person to be protected and if division | 1687 |
(N) of this section does not prohibit the issuance of an order | 1688 |
that the respondent be electronically monitored, the court may | 1689 |
order that the respondent be electronically monitored for a period | 1690 |
of time and under the terms and conditions that the court | 1691 |
determines are appropriate. Electronic monitoring shall be in | 1692 |
addition to any other relief granted to the petitioner. | 1693 |
(2)(a) Any protection order issued pursuant to this section | 1694 |
shall be valid until a date certain but not later than the date | 1695 |
the respondent attains nineteen years of age. | 1696 |
(b) Any protection order issued pursuant to this section may | 1697 |
be renewed in the same manner as the original order was issued. | 1698 |
(3) A court may not issue a protection order that requires a | 1699 |
petitioner to do or to refrain from doing an act that the court | 1700 |
may require a respondent to do or to refrain from doing under | 1701 |
division (E)(1) of this section unless all of the following apply: | 1702 |
(a) The respondent files a separate petition for a protection | 1703 |
order in accordance with this section. | 1704 |
(b) The petitioner is served with notice of the respondent's | 1705 |
petition at least forty-eight hours before the court holds a | 1706 |
hearing with respect to the respondent's petition, or the | 1707 |
petitioner waives the right to receive this notice. | 1708 |
(c) If the petitioner has requested an ex parte order | 1709 |
pursuant to division (D) of this section, the court does not delay | 1710 |
any hearing required by that division beyond the time specified in | 1711 |
that division in order to consolidate the hearing with a hearing | 1712 |
on the petition filed by the respondent. | 1713 |
(d) After a full hearing at which the respondent presents | 1714 |
evidence in support of the request for a protection order and the | 1715 |
petitioner is afforded an opportunity to defend against that | 1716 |
evidence, the court determines that the petitioner has committed a | 1717 |
violation of section 2903.11, 2903.12, 2903.13, 2903.21, 2903.211, | 1718 |
2903.22, or 2911.211 of the Revised Code, a sexually oriented | 1719 |
offense, or a violation of any municipal ordinance that is | 1720 |
substantially equivalent to any of those offenses against the | 1721 |
person to be protected by the protection order issued pursuant to | 1722 |
division (E)(3) of this section, or has violated a protection | 1723 |
order issued pursuant to this section or section 2903.213 of the | 1724 |
Revised Code relative to the person to be protected by the | 1725 |
protection order issued pursuant to division (E)(3) of this | 1726 |
section. | 1727 |
(4) No protection order issued pursuant to this section shall | 1728 |
in any manner affect title to any real property. | 1729 |
(5)(a) A protection order issued under this section shall | 1730 |
clearly state that the person to be protected by the order cannot | 1731 |
waive or nullify by invitation or consent any requirement in the | 1732 |
order. | 1733 |
(b) Division (E)(5)(a) of this section does not limit any | 1734 |
discretion of a court to determine that a respondent alleged to | 1735 |
have violated section 2919.27 of the Revised Code, violated a | 1736 |
municipal ordinance substantially equivalent to that section, or | 1737 |
committed contempt of court, which allegation is based on an | 1738 |
alleged violation of a protection order issued under this section, | 1739 |
did not commit the violation or was not in contempt of court. | 1740 |
(6) Any protection order issued pursuant to this section | 1741 |
shall include a provision that the court will automatically seal | 1742 |
all of the records of the proceeding in which the order is issued | 1743 |
on the date the respondent attains the age of nineteen years | 1744 |
unless the petitioner provides the court with evidence that the | 1745 |
respondent has not complied with all of the terms of the | 1746 |
protection order. The protection order shall specify the date when | 1747 |
the respondent attains the age of nineteen years. | 1748 |
(F)(1) The court shall cause the delivery of a copy of any | 1749 |
protection order that is issued under this section to the | 1750 |
petitioner, to the respondent, and to all law enforcement agencies | 1751 |
that have jurisdiction to enforce the order. The court shall | 1752 |
direct that a copy of the order be delivered to the respondent and | 1753 |
the parent, guardian, or legal custodian of the respondent on the | 1754 |
same day that the order is entered. | 1755 |
(2) Upon the issuance of a protection order under this | 1756 |
section, the court shall provide the parties to the order with the | 1757 |
following notice orally or by form: | 1758 |
1759 | |
As a result of this order, it may be unlawful for you to | 1760 |
possess or purchase a firearm, including a rifle, pistol, or | 1761 |
revolver, or ammunition pursuant to federal law under 18 U.S.C. | 1762 |
922(g)(8). If you have any questions whether this law makes it | 1763 |
illegal for you to possess or purchase a firearm or ammunition, | 1764 |
you should consult an attorney." | 1765 |
(3) All law enforcement agencies shall establish and maintain | 1766 |
an index for the protection orders delivered to the agencies | 1767 |
pursuant to division (F)(1) of this section. With respect to each | 1768 |
order delivered, each agency shall note on the index the date and | 1769 |
time that it received the order. | 1770 |
(4) Regardless of whether the petitioner has registered the | 1771 |
protection order in the county in which the officer's agency has | 1772 |
jurisdiction pursuant to division (M) of this section, any | 1773 |
officer of a law enforcement agency shall enforce a protection | 1774 |
order issued pursuant to this section by any court in this state | 1775 |
in accordance with the provisions of the order, including removing | 1776 |
the respondent from the premises, if appropriate. | 1777 |
(G) Any proceeding under this section shall be conducted in | 1778 |
accordance with the Rules of Civil Procedure, except that a | 1779 |
protection order may be obtained under this section with or | 1780 |
without bond. An order issued under this section, other than an ex | 1781 |
parte order, that grants a protection order, or that refuses to | 1782 |
grant a protection order, is a final, appealable order. The | 1783 |
remedies and procedures provided in this section are in addition | 1784 |
to, and not in lieu of, any other available civil or criminal | 1785 |
remedies or any other available remedies under Chapter 2151. or | 1786 |
2152. of the Revised Code. | 1787 |
(H) The filing of proceedings under this section does not | 1788 |
excuse a person from filing any report or giving any notice | 1789 |
required by section 2151.421 of the Revised Code or by any other | 1790 |
law. | 1791 |
(I) Any law enforcement agency that investigates an alleged | 1792 |
violation of section 2903.11, 2903.12, 2903.13, 2903.21, 2903.211, | 1793 |
2903.22, or 2911.211 of the Revised Code, an alleged commission | 1794 |
of a sexually oriented offense, or an alleged violation of a | 1795 |
municipal ordinance that is substantially equivalent to any of | 1796 |
those offenses shall provide information to the victim and the | 1797 |
family or household members of the victim regarding the relief | 1798 |
available under this section. | 1799 |
(J) Notwithstanding any provision of law to the contrary and | 1800 |
regardless of whether a protection order is issued or a consent | 1801 |
agreement is approved by a court of another county or by a court | 1802 |
of another state, no court or unit of state or local government | 1803 |
shall charge any fee, cost, deposit, or money in connection with | 1804 |
the filing of a petition pursuant to this section, in connection | 1805 |
with the filing, issuance, registration, or service of a | 1806 |
protection order or consent agreement, or for obtaining a | 1807 |
certified copy of a protection order or consent agreement. | 1808 |
(K)(1) A person who violates a protection order issued under | 1809 |
this section is subject to the following sanctions: | 1810 |
(a) A delinquent child proceeding or a criminal prosecution | 1811 |
for a violation of section 2919.27 of the Revised Code, if the | 1812 |
violation of the protection order constitutes a violation of that | 1813 |
section; | 1814 |
(b) Punishment for contempt of court. | 1815 |
(2) The punishment of a person for contempt of court for | 1816 |
violation of a protection order issued under this section does not | 1817 |
bar criminal prosecution of the person or a delinquent child | 1818 |
proceeding concerning the person for a violation of section | 1819 |
2919.27 of the Revised Code. However, a person punished for | 1820 |
contempt of court is entitled to credit for the punishment imposed | 1821 |
upon conviction of or adjudication as a delinquent child for a | 1822 |
violation of that section, and a person convicted of or | 1823 |
adjudicated a delinquent child for a violation of that section | 1824 |
shall not subsequently be punished for contempt of court arising | 1825 |
out of the same activity. | 1826 |
(L) In all stages of a proceeding under this section, a | 1827 |
petitioner may be accompanied by a victim advocate. | 1828 |
(M)(1) A petitioner who obtains a protection order under this | 1829 |
section may provide notice of the issuance or approval of the | 1830 |
order to the judicial and law enforcement officials in any county | 1831 |
other than the county in which the order is issued by registering | 1832 |
that order in the other county pursuant to division (M)(2) of this | 1833 |
section and filing a copy of the registered order with a law | 1834 |
enforcement agency in the other county in accordance with that | 1835 |
division. A person who obtains a protection order issued by a | 1836 |
court of another state may provide notice of the issuance of the | 1837 |
order to the judicial and law enforcement officials in any county | 1838 |
of this state by registering the order in that county pursuant to | 1839 |
section 2919.272 of the Revised Code and filing a copy of the | 1840 |
registered order with a law enforcement agency in that county. | 1841 |
(2) A petitioner may register a protection order issued | 1842 |
pursuant to this section in a county other than the county in | 1843 |
which the court that issued the order is located in the following | 1844 |
manner: | 1845 |
(a) The petitioner shall obtain a certified copy of the order | 1846 |
from the clerk of the court that issued the order and present that | 1847 |
certified copy to the clerk of the court of common pleas or the | 1848 |
clerk of a municipal court or county court in the county in which | 1849 |
the order is to be registered. | 1850 |
(b) Upon accepting the certified copy of the order for | 1851 |
registration, the clerk of the court of common pleas, municipal | 1852 |
court, or county court shall place an endorsement of registration | 1853 |
on the order and give the petitioner a copy of the order that | 1854 |
bears that proof of registration. | 1855 |
(3) The clerk of each court of common pleas, municipal court, | 1856 |
or county court shall maintain a registry of certified copies of | 1857 |
protection orders that have been issued by courts in other | 1858 |
counties pursuant to this section and that have been registered | 1859 |
with the clerk. | 1860 |
(N) If the court orders electronic monitoring of the | 1861 |
respondent under this section, the court shall direct the | 1862 |
sheriff's office or any other appropriate law enforcement agency | 1863 |
to install the electronic monitoring device and to monitor the | 1864 |
respondent. Unless the court determines that the respondent is | 1865 |
indigent, the court shall order the respondent to pay the cost of | 1866 |
the installation and monitoring of the electronic monitoring | 1867 |
device. If the court determines that the respondent is indigent | 1868 |
and subject to the maximum amount allowable to be paid in any year | 1869 |
from the fund and the rules promulgated by the attorney general | 1870 |
under section 2903.214 of the Revised Code, the cost of the | 1871 |
installation and monitoring of the electronic monitoring device | 1872 |
may be paid out of funds from the reparations fund created | 1873 |
pursuant to section 2743.191 of the Revised Code. The total amount | 1874 |
paid from the reparations fund created pursuant to section | 1875 |
2743.191 of the Revised Code for electronic monitoring under this | 1876 |
section and sections 2903.214 and 2919.27 of the Revised Code | 1877 |
shall not exceed three hundred thousand dollars per year. When the | 1878 |
total amount paid from the reparations fund in any year for | 1879 |
electronic monitoring under those sections equals or exceeds three | 1880 |
hundred thousand dollars, the court shall not order pursuant to | 1881 |
this section that an indigent respondent be electronically | 1882 |
monitored. | 1883 |
(O) The court, in its discretion, may determine if the | 1884 |
respondent is entitled to court-appointed counsel in a proceeding | 1885 |
under this section. | 1886 |
Sec. 2151.358. (A) The juvenile court shall expunge all | 1887 |
records sealed under section 2151.356 of the Revised Code five | 1888 |
years after the court issues a sealing order or upon the | 1889 |
twenty-third birthday of the person who is the subject of the | 1890 |
sealing order, whichever date is earlier. | 1891 |
(B) Notwithstanding division (A) of this section, upon | 1892 |
application by the person who has had a record sealed under | 1893 |
section 2151.356 of the Revised Code, the juvenile court may | 1894 |
expunge a record sealed under section 2151.356 of the Revised | 1895 |
Code. In making the determination whether to expunge records, all | 1896 |
of the following apply: | 1897 |
(1) The court may require a person filing an application for | 1898 |
expungement to submit any relevant documentation to support the | 1899 |
application. | 1900 |
(2) The court may cause an investigation to be made to | 1901 |
determine if the person who is the subject of the proceedings has | 1902 |
been rehabilitated to a satisfactory degree. | 1903 |
(3) The court shall promptly notify the prosecuting attorney | 1904 |
of any proceedings to expunge records. | 1905 |
(4)(a) The prosecuting attorney may file a response with the | 1906 |
court within thirty days of receiving notice of the expungement | 1907 |
proceedings. | 1908 |
(b) If the prosecuting attorney does not file a response with | 1909 |
the court or if the prosecuting attorney files a response but | 1910 |
indicates that the prosecuting attorney does not object to the | 1911 |
expungement of the records, the court may order the records of the | 1912 |
person that are under consideration to be expunged without | 1913 |
conducting a hearing on the application. If the court decides in | 1914 |
its discretion to conduct a hearing on the application, the court | 1915 |
shall conduct the hearing within thirty days after making that | 1916 |
decision and shall give notice, by regular mail, of the date, | 1917 |
time, and location of the hearing to the prosecuting attorney and | 1918 |
to the person who is the subject of the records under | 1919 |
consideration. | 1920 |
(c) If the prosecuting attorney files a response with the | 1921 |
court that indicates that the prosecuting attorney objects to the | 1922 |
expungement of the records, the court shall conduct a hearing on | 1923 |
the application within thirty days after the court receives the | 1924 |
response. The court shall give notice, by regular mail, of the | 1925 |
date, time, and location of the hearing to the prosecuting | 1926 |
attorney and to the person who is the subject of the records under | 1927 |
consideration. | 1928 |
(5) After conducting a hearing in accordance with division | 1929 |
(B)(4) of this section or after due consideration when a hearing | 1930 |
is not conducted, the court may order the records of the person | 1931 |
that are the subject of the application to be expunged if it finds | 1932 |
that the person has been rehabilitated to a satisfactory degree. | 1933 |
In determining whether the person has been rehabilitated to a | 1934 |
satisfactory degree, the court may consider all of the following: | 1935 |
(a) The age of the person; | 1936 |
(b) The nature of the case; | 1937 |
(c) The cessation or continuation of delinquent, unruly, or | 1938 |
criminal behavior; | 1939 |
(d) The education and employment history of the person; | 1940 |
(e) Any other circumstances that may relate to the | 1941 |
rehabilitation of the person who is the subject of the records | 1942 |
under consideration. | 1943 |
(C) If the juvenile court is notified by any party in a civil | 1944 |
action that a civil action has been filed based on a case the | 1945 |
records for which are the subject of a sealing order, the juvenile | 1946 |
court shall not expunge a record sealed under section 2151.356 of | 1947 |
the Revised Code until the civil action has been resolved and is | 1948 |
not subject to further appellate review, at which time the records | 1949 |
shall be expunged pursuant to division (A) of this section. | 1950 |
(D)(1) A juvenile court that issues a protection order or | 1951 |
approves a consent agreement under section 2151.34 or 3113.31 of | 1952 |
the Revised Code shall automatically seal all of the records of | 1953 |
the proceeding in which the order was issued or agreement approved | 1954 |
on the date the person against whom the protection order was | 1955 |
issued or the consent agreement approved attains the age of | 1956 |
nineteen years if the court determines that the person has | 1957 |
complied with all of the terms of the protection order or consent | 1958 |
agreement. | 1959 |
(2) In a proceeding under section 2151.34 of the Revised | 1960 |
Code, if the juvenile court does not issue any protection order | 1961 |
under division (E) of that section, the court shall automatically | 1962 |
seal all of the records in that proceeding. In a proceeding under | 1963 |
section 3113.31 of the Revised Code, if the juvenile court does | 1964 |
not issue any protection order or approve any consent agreement | 1965 |
under division (E) of that section, the court shall automatically | 1966 |
seal all of the records in that proceeding. | 1967 |
(3)(a) If a juvenile court that issues a protection order or | 1968 |
approves a consent agreement under section 2151.34 or 3113.31 of | 1969 |
the Revised Code determines that the person against whom the | 1970 |
protection order was issued or the consent agreement approved has | 1971 |
not complied with all of the terms of the protection order or | 1972 |
consent agreement, the court shall consider sealing all of the | 1973 |
records of the proceeding in which the order was issued or | 1974 |
agreement approved upon the court's own motion or upon the | 1975 |
application of a person. The court may make the motion or the | 1976 |
person who is the subject of the records under consideration may | 1977 |
apply for an order sealing the records of the proceeding at any | 1978 |
time after two years after the expiration of the protection order | 1979 |
or consent agreement. | 1980 |
(b) In making a determination whether to seal records | 1981 |
pursuant to division (D)(3) of this section, all of the following | 1982 |
apply: | 1983 |
(i) The court may require a person filing an application | 1984 |
under division (D)(3) of this section to submit any relevant | 1985 |
documentation to support the application. | 1986 |
(ii) The court shall promptly notify the victim or the | 1987 |
victim's attorney of any proceedings to seal records initiated | 1988 |
pursuant to division (D)(3) of this section. | 1989 |
(iii) The victim or the victim's attorney may file a response | 1990 |
with the court within thirty days of receiving notice of the | 1991 |
sealing proceedings. | 1992 |
If the victim or the victim's attorney does not file a | 1993 |
response with the court or if the victim or the victim's attorney | 1994 |
files a response but indicates that the victim or the victim's | 1995 |
attorney does not object to the sealing of the records, the court | 1996 |
may order the records of the person that are under consideration | 1997 |
to be sealed without conducting a hearing on the motion or | 1998 |
application. If the court decides in its discretion to conduct a | 1999 |
hearing on the motion or application, the court shall conduct the | 2000 |
hearing within thirty days after making that decision and shall | 2001 |
give notice, by regular mail, of the date, time, and location of | 2002 |
the hearing to the victim or the victim's attorney and to the | 2003 |
person who is the subject of the records under consideration. | 2004 |
If the victim or the victim's attorney files a response with | 2005 |
the court that indicates that the victim or the victim's attorney | 2006 |
objects to the sealing of the records, the court shall conduct a | 2007 |
hearing on the motion or application within thirty days after the | 2008 |
court receives the response. The court shall give notice, by | 2009 |
regular mail, of the date, time, and location of the hearing to | 2010 |
the victim or the victim's attorney and to the person who is the | 2011 |
subject of the records under consideration. | 2012 |
(iv) After conducting a hearing in accordance with division | 2013 |
(D)(3)(b)(iii) of this section or after due consideration when a | 2014 |
hearing is not conducted, the court may order the records of the | 2015 |
person that are the subject of the motion or application to be | 2016 |
sealed. | 2017 |
(4) Inspection of the records sealed pursuant to division | 2018 |
(D)(1), (2), or (3) of this section may be made only by the | 2019 |
following persons or for the following purposes: | 2020 |
(a) By a law enforcement officer or prosecutor, or the | 2021 |
assistants of either, to determine whether the nature and | 2022 |
character of the offense with which a person is to be charged | 2023 |
would be affected by virtue of the person's previously having been | 2024 |
convicted of a crime; | 2025 |
(b) By the parole or probation officer of the person who is | 2026 |
the subject of the records, for the exclusive use of the officer | 2027 |
in supervising the person while on parole or under a community | 2028 |
control sanction or a post-release control sanction, and in making | 2029 |
inquiries and written reports as requested by the court or adult | 2030 |
parole authority; | 2031 |
(c) Upon application by the person who is the subject of the | 2032 |
records, by the persons named in the application; | 2033 |
(d) By a law enforcement officer who was involved in the | 2034 |
case, for use in the officer's defense of a civil action arising | 2035 |
out of the officer's involvement in that case; | 2036 |
(e) By a prosecuting attorney or the prosecuting attorney's | 2037 |
assistants, to determine a defendant's eligibility to enter a | 2038 |
pre-trial diversion program established pursuant to section | 2039 |
2935.36 of the Revised Code; | 2040 |
(f) By any law enforcement agency or any authorized employee | 2041 |
of a law enforcement agency or by the department of rehabilitation | 2042 |
and correction as part of a background investigation of a person | 2043 |
who applies for employment with the agency as a law enforcement | 2044 |
officer or with the department as a corrections officer; | 2045 |
(g) By any law enforcement agency or any authorized employee | 2046 |
of a law enforcement agency, for the purposes set forth in, and in | 2047 |
the manner provided in, section 2953.321 of the Revised Code; | 2048 |
(h) By the bureau of criminal identification and | 2049 |
investigation or any authorized employee of the bureau for the | 2050 |
purpose of providing information to a board or person pursuant to | 2051 |
division (F) or (G) of section 109.57 of the Revised Code; | 2052 |
(i) By the bureau of criminal identification and | 2053 |
investigation or any authorized employee of the bureau for the | 2054 |
purpose of performing a criminal history records check on a person | 2055 |
to whom a certificate as prescribed in section 109.77 of the | 2056 |
Revised Code is to be awarded; | 2057 |
(j) By the bureau of criminal identification and | 2058 |
investigation or any authorized employee of the bureau for the | 2059 |
purpose of conducting a criminal records check of an individual | 2060 |
pursuant to division (B) of section 109.572 of the Revised Code | 2061 |
that was requested pursuant to any of the sections identified in | 2062 |
division (B)(1) of that section; | 2063 |
(k) By the bureau of criminal identification and | 2064 |
investigation, an authorized employee of the bureau, a sheriff, or | 2065 |
an authorized employee of a sheriff in connection with a criminal | 2066 |
records check described in section 311.41 of the Revised Code; | 2067 |
(l) By the attorney general or an authorized employee of the | 2068 |
attorney general or a court for purposes of determining a person's | 2069 |
classification pursuant to Chapter 2950. of the Revised Code. | 2070 |
When the nature and character of the offense with which a | 2071 |
person is to be charged would be affected by the information, it | 2072 |
may be used for the purpose of charging the person with an | 2073 |
offense. | 2074 |
(E) After the records have been expunged under this section, | 2075 |
the person who is the subject of the expunged records properly | 2076 |
may, and the court shall, reply that no record exists with respect | 2077 |
to the person upon any inquiry in the matter. | 2078 |
Sec. 2151.541. (A)(1) The juvenile judge may determine that, | 2079 |
for the efficient operation of the juvenile court, additional | 2080 |
funds are required to computerize the court, to make available | 2081 |
computerized legal research services, or both. Upon making a | 2082 |
determination that additional funds are required for either or | 2083 |
both of those purposes, the judge shall do one of the following: | 2084 |
(a) If | 2085 |
and charge one additional fee not to exceed | 2086 |
the filing of each cause of action or appeal under division (A), | 2087 |
(Q), or (U) of section 2303.20 of the Revised Code; | 2088 |
(b) If the clerk of the court of common pleas serves as the | 2089 |
clerk of the juvenile court pursuant to section 2151.12 of the | 2090 |
Revised Code, establish by rule and authorize and direct the clerk | 2091 |
to charge one additional fee not to exceed | 2092 |
the filing of each cause of action or appeal under division (A), | 2093 |
(Q), or (U) of section 2303.20 of the Revised Code. | 2094 |
(2) All moneys collected under division (A)(1) of this | 2095 |
section shall be paid to the county treasurer. The treasurer shall | 2096 |
place the moneys from the fees in a separate fund to be disbursed, | 2097 |
upon an order of the juvenile judge, in an amount no greater than | 2098 |
the actual cost to the court of procuring and maintaining | 2099 |
computerization of the court, computerized legal research | 2100 |
services, or both. | 2101 |
(3) If the court determines that the funds in the fund | 2102 |
described in division (A)(2) of this section are more than | 2103 |
sufficient to satisfy the purpose for which the additional fee | 2104 |
described in division (A)(1) of this section was imposed, the | 2105 |
court may declare a surplus in the fund and expend those surplus | 2106 |
funds for other appropriate technological expenses of the court. | 2107 |
(4) Not later than thirty days before adopting a rule under | 2108 |
division (A)(1)(a) or (b) of this section, the judge or the clerk, | 2109 |
whichever is applicable, shall publish a notice in a newspaper of | 2110 |
general circulation in the county in which the juvenile court is | 2111 |
located setting forth the proposed rule. | 2112 |
(B)(1) If the juvenile judge is the clerk of the juvenile | 2113 |
court, | 2114 |
operation of | 2115 |
to make technological advances and to computerize the clerk's | 2116 |
office and, upon that determination, may establish by rule and | 2117 |
charge an additional fee, not to exceed | 2118 |
filing of each cause of action or appeal, on the filing, | 2119 |
docketing, and endorsing of each certificate of judgment, or on | 2120 |
the docketing and indexing of each aid in execution or petition to | 2121 |
vacate, revive, or modify a judgment under divisions (A), (P), | 2122 |
(Q), (T), and (U) of section 2303.20 of the Revised Code. Not less | 2123 |
than thirty days before adopting a rule under this division, the | 2124 |
judge shall publish a notice in a newspaper of general circulation | 2125 |
in the county in which the juvenile court is located setting forth | 2126 |
the proposed rule. Subject to division (B)(2) of this section, all | 2127 |
moneys collected under this division shall be paid to the county | 2128 |
treasurer to be disbursed, upon an order of the juvenile judge and | 2129 |
subject to appropriation by the board of county commissioners, in | 2130 |
an amount no greater than the actual cost to the juvenile court of | 2131 |
procuring and maintaining computer systems for the clerk's office. | 2132 |
(2) If the juvenile judge makes the determination described | 2133 |
in division (B)(1) of this section, the board of county | 2134 |
commissioners may issue one or more general obligation bonds for | 2135 |
the purpose of procuring and maintaining the computer systems for | 2136 |
the office of the clerk of the juvenile court. In addition to the | 2137 |
purposes stated in division (B)(1) of this section for which the | 2138 |
moneys collected under that division may be expended, the moneys | 2139 |
additionally may be expended to pay debt charges on and financing | 2140 |
costs related to any general obligation bonds issued pursuant to | 2141 |
this division as they become due. General obligation bonds issued | 2142 |
pursuant to this division are Chapter 133. securities. | 2143 |
Sec. 2152.02. As used in this chapter: | 2144 |
(A) "Act charged" means the act that is identified in a | 2145 |
complaint, indictment, or information alleging that a child is a | 2146 |
delinquent child. | 2147 |
(B) "Admitted to a department of youth services facility" | 2148 |
includes admission to a facility operated, or contracted for, by | 2149 |
the department and admission to a comparable facility outside this | 2150 |
state by another state or the United States. | 2151 |
(C)(1) "Child" means a person who is under eighteen years of | 2152 |
age, except as otherwise provided in divisions (C)(2) to | 2153 |
this section. | 2154 |
(2) Subject to division (C)(3) of this section, any person | 2155 |
who violates a federal or state law or a municipal ordinance prior | 2156 |
to attaining eighteen years of age shall be deemed a "child" | 2157 |
irrespective of that person's age at the time the complaint with | 2158 |
respect to that violation is filed or the hearing on the complaint | 2159 |
is held. | 2160 |
(3) Any person who, while under eighteen years of age, | 2161 |
commits an act that would be a felony if committed by an adult and | 2162 |
who is not taken into custody or apprehended for that act until | 2163 |
after the person attains twenty-one years of age is not a child in | 2164 |
relation to that act. | 2165 |
(4) Any person whose case is transferred for criminal | 2166 |
prosecution pursuant to section 2152.12 of the Revised Code shall | 2167 |
be deemed after the transfer not to be a child in the transferred | 2168 |
case. | 2169 |
(5) Any person whose case is transferred for criminal | 2170 |
prosecution pursuant to section 2152.12 of the Revised Code and | 2171 |
who subsequently is convicted of or pleads guilty to a felony in | 2172 |
that case, and any person who is adjudicated a delinquent child | 2173 |
for the commission of an act, who has a serious youthful offender | 2174 |
dispositional sentence imposed for the act pursuant to section | 2175 |
2152.13 of the Revised Code, and whose adult portion of the | 2176 |
dispositional sentence is invoked pursuant to section 2152.14 of | 2177 |
the Revised Code, shall be deemed after the transfer or invocation | 2178 |
not to be a child in any case in which a complaint is filed | 2179 |
against the person. | 2180 |
(6) The juvenile court has jurisdiction over a person who is | 2181 |
adjudicated a delinquent child or juvenile traffic offender prior | 2182 |
to attaining eighteen years of age until the person attains | 2183 |
twenty-one years of age, and, for purposes of that jurisdiction | 2184 |
related to that adjudication, except as otherwise provided in this | 2185 |
division, a person who is so adjudicated a delinquent child or | 2186 |
juvenile traffic offender shall be deemed a "child" until the | 2187 |
person attains twenty-one years of age. If a person is so | 2188 |
adjudicated a delinquent child or juvenile traffic offender and | 2189 |
the court makes a disposition of the person under this chapter, at | 2190 |
any time after the person attains eighteen years of age, the | 2191 |
places at which the person may be held under that disposition are | 2192 |
not limited to places authorized under this chapter solely for | 2193 |
confinement of children, and the person may be confined under that | 2194 |
disposition, in accordance with division (F)(2) of section 2152.26 | 2195 |
of the Revised Code, in places other than those authorized under | 2196 |
this chapter solely for confinement of children. | 2197 |
(7) Any person who, while eighteen years of age, violates | 2198 |
division (A)(1) or (2) of section 2919.27 of the Revised Code by | 2199 |
violating a protection order issued or consent agreement approved | 2200 |
under section 2151.34 or 3113.31 of the Revised Code shall be | 2201 |
considered a child for the purposes of that violation of section | 2202 |
2919.27 of the Revised Code. | 2203 |
(D) "Chronic truant" means any child of compulsory school age | 2204 |
who is absent without legitimate excuse for absence from the | 2205 |
public school the child is supposed to attend for seven or more | 2206 |
consecutive school days, ten or more school days in one school | 2207 |
month, or fifteen or more school days in a school year. | 2208 |
(E) "Community corrections facility," "public safety beds," | 2209 |
"release authority," and "supervised release" have the same | 2210 |
meanings as in section 5139.01 of the Revised Code. | 2211 |
(F) "Delinquent child" includes any of the following: | 2212 |
(1) Any child, except a juvenile traffic offender, who | 2213 |
violates any law of this state or the United States, or any | 2214 |
ordinance of a political subdivision of the state, that would be | 2215 |
an offense if committed by an adult; | 2216 |
(2) Any child who violates any lawful order of the court made | 2217 |
under this chapter or under Chapter 2151. of the Revised Code | 2218 |
other than an order issued under section 2151.87 of the Revised | 2219 |
Code; | 2220 |
(3) Any child who violates division (C) of section 2907.39, | 2221 |
division (A) of section 2923.211, or division (C)(1) or (D) of | 2222 |
section 2925.55 of the Revised Code; | 2223 |
(4) Any child who is a habitual truant and who previously has | 2224 |
been adjudicated an unruly child for being a habitual truant; | 2225 |
(5) Any child who is a chronic truant. | 2226 |
(G) "Discretionary serious youthful offender" means a person | 2227 |
who is eligible for a discretionary SYO and who is not transferred | 2228 |
to adult court under a mandatory or discretionary transfer. | 2229 |
(H) "Discretionary SYO" means a case in which the juvenile | 2230 |
court, in the juvenile court's discretion, may impose a serious | 2231 |
youthful offender disposition under section 2152.13 of the Revised | 2232 |
Code. | 2233 |
(I) "Discretionary transfer" means that the juvenile court | 2234 |
has discretion to transfer a case for criminal prosecution under | 2235 |
division (B) of section 2152.12 of the Revised Code. | 2236 |
(J) "Drug abuse offense," "felony drug abuse offense," and | 2237 |
"minor drug possession offense" have the same meanings as in | 2238 |
section 2925.01 of the Revised Code. | 2239 |
(K) "Electronic monitoring" and "electronic monitoring | 2240 |
device" have the same meanings as in section 2929.01 of the | 2241 |
Revised Code. | 2242 |
(L) "Economic loss" means any economic detriment suffered by | 2243 |
a victim of a delinquent act or juvenile traffic offense as a | 2244 |
direct and proximate result of the delinquent act or juvenile | 2245 |
traffic offense and includes any loss of income due to lost time | 2246 |
at work because of any injury caused to the victim and any | 2247 |
property loss, medical cost, or funeral expense incurred as a | 2248 |
result of the delinquent act or juvenile traffic offense. | 2249 |
"Economic loss" does not include non-economic loss or any punitive | 2250 |
or exemplary damages. | 2251 |
(M) "Firearm" has the same meaning as in section 2923.11 of | 2252 |
the Revised Code. | 2253 |
(N) "Juvenile traffic offender" means any child who violates | 2254 |
any traffic law, traffic ordinance, or traffic regulation of this | 2255 |
state, the United States, or any political subdivision of this | 2256 |
state, other than a resolution, ordinance, or regulation of a | 2257 |
political subdivision of this state the violation of which is | 2258 |
required to be handled by a parking violations bureau or a joint | 2259 |
parking violations bureau pursuant to Chapter 4521. of the Revised | 2260 |
Code. | 2261 |
(O) A "legitimate excuse for absence from the public school | 2262 |
the child is supposed to attend" has the same meaning as in | 2263 |
section 2151.011 of the Revised Code. | 2264 |
(P) "Mandatory serious youthful offender" means a person who | 2265 |
is eligible for a mandatory SYO and who is not transferred to | 2266 |
adult court under a mandatory or discretionary transfer. | 2267 |
(Q) "Mandatory SYO" means a case in which the juvenile court | 2268 |
is required to impose a mandatory serious youthful offender | 2269 |
disposition under section 2152.13 of the Revised Code. | 2270 |
(R) "Mandatory transfer" means that a case is required to be | 2271 |
transferred for criminal prosecution under division (A) of section | 2272 |
2152.12 of the Revised Code. | 2273 |
(S) "Mental illness" has the same meaning as in section | 2274 |
5122.01 of the Revised Code. | 2275 |
(T) "Mentally retarded person" has the same meaning as in | 2276 |
section 5123.01 of the Revised Code. | 2277 |
(U) "Monitored time" and "repeat violent offender" have the | 2278 |
same meanings as in section 2929.01 of the Revised Code. | 2279 |
(V) "Of compulsory school age" has the same meaning as in | 2280 |
section 3321.01 of the Revised Code. | 2281 |
(W) "Public record" has the same meaning as in section 149.43 | 2282 |
of the Revised Code. | 2283 |
(X) "Serious youthful offender" means a person who is | 2284 |
eligible for a mandatory SYO or discretionary SYO but who is not | 2285 |
transferred to adult court under a mandatory or discretionary | 2286 |
transfer. | 2287 |
(Y) "Sexually oriented offense," "juvenile offender | 2288 |
registrant," "child-victim oriented offense," "tier I sex | 2289 |
offender/child-victim offender," "tier II sex | 2290 |
offender/child-victim offender," "tier III sex | 2291 |
offender/child-victim offender," and "public registry-qualified | 2292 |
juvenile offender registrant" have the same meanings as in section | 2293 |
2950.01 of the Revised Code. | 2294 |
(Z) "Traditional juvenile" means a case that is not | 2295 |
transferred to adult court under a mandatory or discretionary | 2296 |
transfer, that is eligible for a disposition under sections | 2297 |
2152.16, 2152.17, 2152.19, and 2152.20 of the Revised Code, and | 2298 |
that is not eligible for a disposition under section 2152.13 of | 2299 |
the Revised Code. | 2300 |
(AA) "Transfer" means the transfer for criminal prosecution | 2301 |
of a case involving the alleged commission by a child of an act | 2302 |
that would be an offense if committed by an adult from the | 2303 |
juvenile court to the appropriate court that has jurisdiction of | 2304 |
the offense. | 2305 |
(BB) "Category one offense" means any of the following: | 2306 |
(1) A violation of section 2903.01 or 2903.02 of the Revised | 2307 |
Code; | 2308 |
(2) A violation of section 2923.02 of the Revised Code | 2309 |
involving an attempt to commit aggravated murder or murder. | 2310 |
(CC) "Category two offense" means any of the following: | 2311 |
(1) A violation of section 2903.03, 2905.01, 2907.02, | 2312 |
2909.02, 2911.01, or 2911.11 of the Revised Code; | 2313 |
(2) A violation of section 2903.04 of the Revised Code that | 2314 |
is a felony of the first degree; | 2315 |
(3) A violation of section 2907.12 of the Revised Code as it | 2316 |
existed prior to September 3, 1996. | 2317 |
(DD) "Non-economic loss" means nonpecuniary harm suffered by | 2318 |
a victim of a delinquent act or juvenile traffic offense as a | 2319 |
result of or related to the delinquent act or juvenile traffic | 2320 |
offense, including, but not limited to, pain and suffering; loss | 2321 |
of society, consortium, companionship, care, assistance, | 2322 |
attention, protection, advice, guidance, counsel, instruction, | 2323 |
training, or education; mental anguish; and any other intangible | 2324 |
loss. | 2325 |
Sec. 2301.03. (A) In Franklin county, the judges of the | 2326 |
court of common pleas whose terms begin on January 1, 1953, | 2327 |
January 2, 1953, January 5, 1969, January 5, 1977, and January 2, | 2328 |
1997, and successors, shall have the same qualifications, exercise | 2329 |
the same powers and jurisdiction, and receive the same | 2330 |
compensation as other judges of the court of common pleas of | 2331 |
Franklin county and shall be elected and designated as judges of | 2332 |
the court of common pleas, division of domestic relations. They | 2333 |
shall have all the powers relating to juvenile courts, and all | 2334 |
cases under Chapters 2151. and 2152. of the Revised Code, all | 2335 |
parentage proceedings under Chapter 3111. of the Revised Code over | 2336 |
which the juvenile court has jurisdiction, and all divorce, | 2337 |
dissolution of marriage, legal separation, and annulment cases | 2338 |
shall be assigned to them. In addition to the judge's regular | 2339 |
duties, the judge who is senior in point of service shall serve on | 2340 |
the children services board and the county advisory board and | 2341 |
shall be the administrator of the domestic relations division and | 2342 |
its subdivisions and departments. | 2343 |
(B) In Hamilton county: | 2344 |
(1) The judge of the court of common pleas, whose term begins | 2345 |
on January 1, 1957, and successors, and the judge of the court of | 2346 |
common pleas, whose term begins on February 14, 1967, and | 2347 |
successors, shall be the juvenile judges as provided in Chapters | 2348 |
2151. and 2152. of the Revised Code, with the powers and | 2349 |
jurisdiction conferred by those chapters. | 2350 |
(2) The judges of the court of common pleas whose terms begin | 2351 |
on January 5, 1957, January 16, 1981, and July 1, 1991, and | 2352 |
successors, shall be elected and designated as judges of the court | 2353 |
of common pleas, division of domestic relations, and shall have | 2354 |
assigned to them all divorce, dissolution of marriage, legal | 2355 |
separation, and annulment cases coming before the court. On or | 2356 |
after the first day of July and before the first day of August of | 2357 |
1991 and each year thereafter, a majority of the judges of the | 2358 |
division of domestic relations shall elect one of the judges of | 2359 |
the division as administrative judge of that division. If a | 2360 |
majority of the judges of the division of domestic relations are | 2361 |
unable for any reason to elect an administrative judge for the | 2362 |
division before the first day of August, a majority of the judges | 2363 |
of the Hamilton county court of common pleas, as soon as possible | 2364 |
after that date, shall elect one of the judges of the division of | 2365 |
domestic relations as administrative judge of that division. The | 2366 |
term of the administrative judge shall begin on the earlier of the | 2367 |
first day of August of the year in which the administrative judge | 2368 |
is elected or the date on which the administrative judge is | 2369 |
elected by a majority of the judges of the Hamilton county court | 2370 |
of common pleas and shall terminate on the date on which the | 2371 |
administrative judge's successor is elected in the following year. | 2372 |
In addition to the judge's regular duties, the administrative | 2373 |
judge of the division of domestic relations shall be the | 2374 |
administrator of the domestic relations division and its | 2375 |
subdivisions and departments and shall have charge of the | 2376 |
employment, assignment, and supervision of the personnel of the | 2377 |
division engaged in handling, servicing, or investigating divorce, | 2378 |
dissolution of marriage, legal separation, and annulment cases, | 2379 |
including any referees considered necessary by the judges in the | 2380 |
discharge of their various duties. | 2381 |
The administrative judge of the division of domestic | 2382 |
relations also shall designate the title, compensation, expense | 2383 |
allowances, hours, leaves of absence, and vacations of the | 2384 |
personnel of the division, and shall fix the duties of its | 2385 |
personnel. The duties of the personnel, in addition to those | 2386 |
provided for in other sections of the Revised Code, shall include | 2387 |
the handling, servicing, and investigation of divorce, dissolution | 2388 |
of marriage, legal separation, and annulment cases and counseling | 2389 |
and conciliation services that may be made available to persons | 2390 |
requesting them, whether or not the persons are parties to an | 2391 |
action pending in the division. | 2392 |
The board of county commissioners shall appropriate the sum | 2393 |
of money each year as will meet all the administrative expenses of | 2394 |
the division of domestic relations, including reasonable expenses | 2395 |
of the domestic relations judges and the division counselors and | 2396 |
other employees designated to conduct the handling, servicing, and | 2397 |
investigation of divorce, dissolution of marriage, legal | 2398 |
separation, and annulment cases, conciliation and counseling, and | 2399 |
all matters relating to those cases and counseling, and the | 2400 |
expenses involved in the attendance of division personnel at | 2401 |
domestic relations and welfare conferences designated by the | 2402 |
division, and the further sum each year as will provide for the | 2403 |
adequate operation of the division of domestic relations. | 2404 |
The compensation and expenses of all employees and the salary | 2405 |
and expenses of the judges shall be paid by the county treasurer | 2406 |
from the money appropriated for the operation of the division, | 2407 |
upon the warrant of the county auditor, certified to by the | 2408 |
administrative judge of the division of domestic relations. | 2409 |
The summonses, warrants, citations, subpoenas, and other | 2410 |
writs of the division may issue to a bailiff, constable, or staff | 2411 |
investigator of the division or to the sheriff of any county or | 2412 |
any marshal, constable, or police officer, and the provisions of | 2413 |
law relating to the subpoenaing of witnesses in other cases shall | 2414 |
apply insofar as they are applicable. When a summons, warrant, | 2415 |
citation, subpoena, or other writ is issued to an officer, other | 2416 |
than a bailiff, constable, or staff investigator of the division, | 2417 |
the expense of serving it shall be assessed as a part of the costs | 2418 |
in the case involved. | 2419 |
(3) The judge of the court of common pleas of Hamilton county | 2420 |
whose term begins on January 3, 1997, and the successors to that | 2421 |
judge shall each be elected and designated as the drug court judge | 2422 |
of the court of common pleas of Hamilton county. The drug court | 2423 |
judge may accept or reject any case referred to the drug court | 2424 |
judge under division (B)(3) of this section. After the drug court | 2425 |
judge accepts a referred case, the drug court judge has full | 2426 |
authority over the case, including the authority to conduct | 2427 |
arraignment, accept pleas, enter findings and dispositions, | 2428 |
conduct trials, order treatment, and if treatment is not | 2429 |
successfully completed pronounce and enter sentence. | 2430 |
A judge of the general division of the court of common pleas | 2431 |
of Hamilton county and a judge of the Hamilton county municipal | 2432 |
court may refer to the drug court judge any case, and any | 2433 |
companion cases, the judge determines meet the criteria described | 2434 |
under divisions (B)(3)(a) and (b) of this section. If the drug | 2435 |
court judge accepts referral of a referred case, the case, and any | 2436 |
companion cases, shall be transferred to the drug court judge. A | 2437 |
judge may refer a case meeting the criteria described in divisions | 2438 |
(B)(3)(a) and (b) of this section that involves a violation of a | 2439 |
condition of a community control sanction to the drug court judge, | 2440 |
and, if the drug court judge accepts the referral, the referring | 2441 |
judge and the drug court judge have concurrent jurisdiction over | 2442 |
the case. | 2443 |
A judge of the general division of the court of common pleas | 2444 |
of Hamilton county and a judge of the Hamilton county municipal | 2445 |
court may refer a case to the drug court judge under division | 2446 |
(B)(3) of this section if the judge determines that both of the | 2447 |
following apply: | 2448 |
(a) One of the following applies: | 2449 |
(i) The case involves a drug abuse offense, as defined in | 2450 |
section 2925.01 of the Revised Code, that is a felony of the third | 2451 |
or fourth degree if the offense is committed prior to July 1, | 2452 |
1996, a felony of the third, fourth, or fifth degree if the | 2453 |
offense is committed on or after July 1, 1996, or a misdemeanor. | 2454 |
(ii) The case involves a theft offense, as defined in section | 2455 |
2913.01 of the Revised Code, that is a felony of the third or | 2456 |
fourth degree if the offense is committed prior to July 1, 1996, a | 2457 |
felony of the third, fourth, or fifth degree if the offense is | 2458 |
committed on or after July 1, 1996, or a misdemeanor, and the | 2459 |
defendant is drug or alcohol dependent or in danger of becoming | 2460 |
drug or alcohol dependent and would benefit from treatment. | 2461 |
(b) All of the following apply: | 2462 |
(i) The case involves an offense for which a community | 2463 |
control sanction may be imposed or is a case in which a mandatory | 2464 |
prison term or a mandatory jail term is not required to be | 2465 |
imposed. | 2466 |
(ii) The defendant has no history of violent behavior. | 2467 |
(iii) The defendant has no history of mental illness. | 2468 |
(iv) The defendant's current or past behavior, or both, is | 2469 |
drug or alcohol driven. | 2470 |
(v) The defendant demonstrates a sincere willingness to | 2471 |
participate in a fifteen-month treatment process. | 2472 |
(vi) The defendant has no acute health condition. | 2473 |
(vii) If the defendant is incarcerated, the county prosecutor | 2474 |
approves of the referral. | 2475 |
(4) If the administrative judge of the court of common pleas | 2476 |
of Hamilton county determines that the volume of cases pending | 2477 |
before the drug court judge does not constitute a sufficient | 2478 |
caseload for the drug court judge, the administrative judge, in | 2479 |
accordance with the Rules of Superintendence for Courts of Common | 2480 |
Pleas, shall assign individual cases to the drug court judge from | 2481 |
the general docket of the court. If the assignments so occur, the | 2482 |
administrative judge shall cease the assignments when the | 2483 |
administrative judge determines that the volume of cases pending | 2484 |
before the drug court judge constitutes a sufficient caseload for | 2485 |
the drug court judge. | 2486 |
(5) As used in division (B) of this section, "community | 2487 |
control sanction," "mandatory prison term," and "mandatory jail | 2488 |
term" have the same meanings as in section 2929.01 of the Revised | 2489 |
Code. | 2490 |
(C)(1) In Lorain county: | 2491 |
(a) The judges of the court of common pleas whose terms begin | 2492 |
on January 3, 1959, January 4, 1989, and January 2, 1999, and | 2493 |
successors, and the judge of the court of common pleas whose term | 2494 |
begins on February 9, 2009, shall have the same qualifications, | 2495 |
exercise the same powers and jurisdiction, and receive the same | 2496 |
compensation as the other judges of the court of common pleas of | 2497 |
Lorain county and shall be elected and designated as the judges of | 2498 |
the court of common pleas, division of domestic relations. The | 2499 |
judges of the court of common pleas whose terms begin on January | 2500 |
3, 1959, January 4, 1989, and January 2, 1999, and successors, | 2501 |
shall have all of the powers relating to juvenile courts, and all | 2502 |
cases under Chapters 2151. and 2152. of the Revised Code, all | 2503 |
parentage proceedings over which the juvenile court has | 2504 |
jurisdiction, and all divorce, dissolution of marriage, legal | 2505 |
separation, and annulment cases shall be assigned to them, except | 2506 |
cases that for some special reason are assigned to some other | 2507 |
judge of the court of common pleas. From February 9, 2009, through | 2508 |
September 28, 2009, the judge of the court of common pleas whose | 2509 |
term begins on February 9, 2009, shall have all the powers | 2510 |
relating to juvenile courts, and cases under Chapters 2151. and | 2511 |
2152. of the Revised Code, parentage proceedings over which the | 2512 |
juvenile court has jurisdiction, and divorce, dissolution of | 2513 |
marriage, legal separation, and annulment cases shall be assigned | 2514 |
to that judge, except cases that for some special reason are | 2515 |
assigned to some other judge of the court of common pleas. | 2516 |
(b) From January 1, 2006, through September 28, 2009, the | 2517 |
judges of the court of common pleas, division of domestic | 2518 |
relations, in addition to the powers and jurisdiction set forth in | 2519 |
division (C)(1)(a) of this section, shall have jurisdiction over | 2520 |
matters that are within the jurisdiction of the probate court | 2521 |
under Chapter 2101. and other provisions of the Revised Code. | 2522 |
(c) The judge of the court of common pleas, division of | 2523 |
domestic relations, whose term begins on February 9, 2009, is the | 2524 |
successor to the probate judge who was elected in 2002 for a term | 2525 |
that began on February 9, 2003. After September 28, 2009, the | 2526 |
judge of the court of common pleas, division of domestic | 2527 |
relations, whose term begins on February 9, 2009, shall be the | 2528 |
probate judge. | 2529 |
(2)(a) From February 9, 2009, through September 28, 2009, | 2530 |
with respect to Lorain county, all references in law to the | 2531 |
probate court shall be construed as references to the court of | 2532 |
common pleas, division of domestic relations, and all references | 2533 |
to the probate judge shall be construed as references to the | 2534 |
judges of the court of common pleas, division of domestic | 2535 |
relations. | 2536 |
(b) From February 9, 2009, through September 28, 2009, with | 2537 |
respect to Lorain county, all references in law to the clerk of | 2538 |
the probate court shall be construed as references to the judge | 2539 |
who is serving pursuant to Rule 4 of the Rules of Superintendence | 2540 |
for the Courts of Ohio as the administrative judge of the court of | 2541 |
common pleas, division of domestic relations. | 2542 |
(D) In Lucas county: | 2543 |
(1) The judges of the court of common pleas whose terms begin | 2544 |
on January 1, 1955, and January 3, 1965, and successors, shall | 2545 |
have the same qualifications, exercise the same powers and | 2546 |
jurisdiction, and receive the same compensation as other judges of | 2547 |
the court of common pleas of Lucas county and shall be elected and | 2548 |
designated as judges of the court of common pleas, division of | 2549 |
domestic relations. All divorce, dissolution of marriage, legal | 2550 |
separation, and annulment cases shall be assigned to them. | 2551 |
The judge of the division of domestic relations, senior in | 2552 |
point of service, shall be considered as the presiding judge of | 2553 |
the court of common pleas, division of domestic relations, and | 2554 |
shall be charged exclusively with the assignment and division of | 2555 |
the work of the division and the employment and supervision of all | 2556 |
other personnel of the domestic relations division. | 2557 |
(2) The judges of the court of common pleas whose terms begin | 2558 |
on January 5, 1977, and January 2, 1991, and successors shall have | 2559 |
the same qualifications, exercise the same powers and | 2560 |
jurisdiction, and receive the same compensation as other judges of | 2561 |
the court of common pleas of Lucas county, shall be elected and | 2562 |
designated as judges of the court of common pleas, juvenile | 2563 |
division, and shall be the juvenile judges as provided in Chapters | 2564 |
2151. and 2152. of the Revised Code with the powers and | 2565 |
jurisdictions conferred by those chapters. In addition to the | 2566 |
judge's regular duties, the judge of the court of common pleas, | 2567 |
juvenile division, senior in point of service, shall be the | 2568 |
administrator of the juvenile division and its subdivisions and | 2569 |
departments and shall have charge of the employment, assignment, | 2570 |
and supervision of the personnel of the division engaged in | 2571 |
handling, servicing, or investigating juvenile cases, including | 2572 |
any referees considered necessary by the judges of the division in | 2573 |
the discharge of their various duties. | 2574 |
The judge of the court of common pleas, juvenile division, | 2575 |
senior in point of service, also shall designate the title, | 2576 |
compensation, expense allowance, hours, leaves of absence, and | 2577 |
vacation of the personnel of the division and shall fix the duties | 2578 |
of the personnel of the division. The duties of the personnel, in | 2579 |
addition to other statutory duties include the handling, | 2580 |
servicing, and investigation of juvenile cases and counseling and | 2581 |
conciliation services that may be made available to persons | 2582 |
requesting them, whether or not the persons are parties to an | 2583 |
action pending in the division. | 2584 |
(3) If one of the judges of the court of common pleas, | 2585 |
division of domestic relations, or one of the judges of the | 2586 |
juvenile division is sick, absent, or unable to perform that | 2587 |
judge's judicial duties or the volume of cases pending in that | 2588 |
judge's division necessitates it, the duties shall be performed by | 2589 |
the judges of the other of those divisions. | 2590 |
(E) In Mahoning county: | 2591 |
(1) The judge of the court of common pleas whose term began | 2592 |
on January 1, 1955, and successors, shall have the same | 2593 |
qualifications, exercise the same powers and jurisdiction, and | 2594 |
receive the same compensation as other judges of the court of | 2595 |
common pleas of Mahoning county, shall be elected and designated | 2596 |
as judge of the court of common pleas, division of domestic | 2597 |
relations, and shall be assigned all the divorce, dissolution of | 2598 |
marriage, legal separation, and annulment cases coming before the | 2599 |
court. In addition to the judge's regular duties, the judge of the | 2600 |
court of common pleas, division of domestic relations, shall be | 2601 |
the administrator of the domestic relations division and its | 2602 |
subdivisions and departments and shall have charge of the | 2603 |
employment, assignment, and supervision of the personnel of the | 2604 |
division engaged in handling, servicing, or investigating divorce, | 2605 |
dissolution of marriage, legal separation, and annulment cases, | 2606 |
including any referees considered necessary in the discharge of | 2607 |
the various duties of the judge's office. | 2608 |
The judge also shall designate the title, compensation, | 2609 |
expense allowances, hours, leaves of absence, and vacations of the | 2610 |
personnel of the division and shall fix the duties of the | 2611 |
personnel of the division. The duties of the personnel, in | 2612 |
addition to other statutory duties, include the handling, | 2613 |
servicing, and investigation of divorce, dissolution of marriage, | 2614 |
legal separation, and annulment cases and counseling and | 2615 |
conciliation services that may be made available to persons | 2616 |
requesting them, whether or not the persons are parties to an | 2617 |
action pending in the division. | 2618 |
(2) The judge of the court of common pleas whose term began | 2619 |
on January 2, 1969, and successors, shall have the same | 2620 |
qualifications, exercise the same powers and jurisdiction, and | 2621 |
receive the same compensation as other judges of the court of | 2622 |
common pleas of Mahoning county, shall be elected and designated | 2623 |
as judge of the court of common pleas, juvenile division, and | 2624 |
shall be the juvenile judge as provided in Chapters 2151. and | 2625 |
2152. of the Revised Code, with the powers and jurisdictions | 2626 |
conferred by those chapters. In addition to the judge's regular | 2627 |
duties, the judge of the court of common pleas, juvenile division, | 2628 |
shall be the administrator of the juvenile division and its | 2629 |
subdivisions and departments and shall have charge of the | 2630 |
employment, assignment, and supervision of the personnel of the | 2631 |
division engaged in handling, servicing, or investigating juvenile | 2632 |
cases, including any referees considered necessary by the judge in | 2633 |
the discharge of the judge's various duties. | 2634 |
The judge also shall designate the title, compensation, | 2635 |
expense allowances, hours, leaves of absence, and vacation of the | 2636 |
personnel of the division and shall fix the duties of the | 2637 |
personnel of the division. The duties of the personnel, in | 2638 |
addition to other statutory duties, include the handling, | 2639 |
servicing, and investigation of juvenile cases and counseling and | 2640 |
conciliation services that may be made available to persons | 2641 |
requesting them, whether or not the persons are parties to an | 2642 |
action pending in the division. | 2643 |
(3) If a judge of the court of common pleas, division of | 2644 |
domestic relations or juvenile division, is sick, absent, or | 2645 |
unable to perform that judge's judicial duties, or the volume of | 2646 |
cases pending in that judge's division necessitates it, that | 2647 |
judge's duties shall be performed by another judge of the court of | 2648 |
common pleas. | 2649 |
(F) In Montgomery county: | 2650 |
(1) The judges of the court of common pleas whose terms begin | 2651 |
on January 2, 1953, and January 4, 1977, and successors, shall | 2652 |
have the same qualifications, exercise the same powers and | 2653 |
jurisdiction, and receive the same compensation as other judges of | 2654 |
the court of common pleas of Montgomery county and shall be | 2655 |
elected and designated as judges of the court of common pleas, | 2656 |
division of domestic relations. These judges shall have assigned | 2657 |
to them all divorce, dissolution of marriage, legal separation, | 2658 |
and annulment cases. | 2659 |
The judge of the division of domestic relations, senior in | 2660 |
point of service, shall be charged exclusively with the assignment | 2661 |
and division of the work of the division and shall have charge of | 2662 |
the employment and supervision of the personnel of the division | 2663 |
engaged in handling, servicing, or investigating divorce, | 2664 |
dissolution of marriage, legal separation, and annulment cases, | 2665 |
including any necessary referees, except those employees who may | 2666 |
be appointed by the judge, junior in point of service, under this | 2667 |
section and sections 2301.12, 2301.18, and 2301.19 of the Revised | 2668 |
Code. The judge of the division of domestic relations, senior in | 2669 |
point of service, also shall designate the title, compensation, | 2670 |
expense allowances, hours, leaves of absence, and vacation of the | 2671 |
personnel of the division and shall fix their duties. | 2672 |
(2) The judges of the court of common pleas whose terms begin | 2673 |
on January 1, 1953, and January 1, 1993, and successors, shall | 2674 |
have the same qualifications, exercise the same powers and | 2675 |
jurisdiction, and receive the same compensation as other judges of | 2676 |
the court of common pleas of Montgomery county, shall be elected | 2677 |
and designated as judges of the court of common pleas, juvenile | 2678 |
division, and shall be, and have the powers and jurisdiction of, | 2679 |
the juvenile judge as provided in Chapters 2151. and 2152. of the | 2680 |
Revised Code. | 2681 |
In addition to the judge's regular duties, the judge of the | 2682 |
court of common pleas, juvenile division, senior in point of | 2683 |
service, shall be the administrator of the juvenile division and | 2684 |
its subdivisions and departments and shall have charge of the | 2685 |
employment, assignment, and supervision of the personnel of the | 2686 |
juvenile division, including any necessary referees, who are | 2687 |
engaged in handling, servicing, or investigating juvenile cases. | 2688 |
The judge, senior in point of service, also shall designate the | 2689 |
title, compensation, expense allowances, hours, leaves of absence, | 2690 |
and vacation of the personnel of the division and shall fix their | 2691 |
duties. The duties of the personnel, in addition to other | 2692 |
statutory duties, shall include the handling, servicing, and | 2693 |
investigation of juvenile cases and of any counseling and | 2694 |
conciliation services that are available upon request to persons, | 2695 |
whether or not they are parties to an action pending in the | 2696 |
division. | 2697 |
If one of the judges of the court of common pleas, division | 2698 |
of domestic relations, or one of the judges of the court of common | 2699 |
pleas, juvenile division, is sick, absent, or unable to perform | 2700 |
that judge's duties or the volume of cases pending in that judge's | 2701 |
division necessitates it, the duties of that judge may be | 2702 |
performed by the judge or judges of the other of those divisions. | 2703 |
(G) In Richland county: | 2704 |
(1) The judge of the court of common pleas whose term begins | 2705 |
on January 1, 1957, and successors, shall have the same | 2706 |
qualifications, exercise the same powers and jurisdiction, and | 2707 |
receive the same compensation as the other judges of the court of | 2708 |
common pleas of Richland county and shall be elected and | 2709 |
designated as judge of the court of common pleas, division of | 2710 |
domestic relations. That judge shall be assigned and hear all | 2711 |
divorce, dissolution of marriage, legal separation, and annulment | 2712 |
cases, all domestic violence cases arising under section 3113.31 | 2713 |
of the Revised Code, and all post-decree proceedings arising from | 2714 |
any case pertaining to any of those matters. The division of | 2715 |
domestic relations has concurrent jurisdiction with the juvenile | 2716 |
division of the court of common pleas of Richland county to | 2717 |
determine the care, custody, or control of any child not a ward of | 2718 |
another court of this state, and to hear and determine a request | 2719 |
for an order for the support of any child if the request is not | 2720 |
ancillary to an action for divorce, dissolution of marriage, | 2721 |
annulment, or legal separation, a criminal or civil action | 2722 |
involving an allegation of domestic violence, or an action for | 2723 |
support brought under Chapter 3115. of the Revised Code. Except in | 2724 |
cases that are subject to the exclusive original jurisdiction of | 2725 |
the juvenile court, the judge of the division of domestic | 2726 |
relations shall be assigned and hear all cases pertaining to | 2727 |
paternity or parentage, the care, custody, or control of children, | 2728 |
parenting time or visitation, child support, or the allocation of | 2729 |
parental rights and responsibilities for the care of children, all | 2730 |
proceedings arising under Chapter 3111. of the Revised Code, all | 2731 |
proceedings arising under the uniform interstate family support | 2732 |
act contained in Chapter 3115. of the Revised Code, and all | 2733 |
post-decree proceedings arising from any case pertaining to any of | 2734 |
those matters. | 2735 |
In addition to the judge's regular duties, the judge of the | 2736 |
court of common pleas, division of domestic relations, shall be | 2737 |
the administrator of the domestic relations division and its | 2738 |
subdivisions and departments. The judge shall have charge of the | 2739 |
employment, assignment, and supervision of the personnel of the | 2740 |
domestic relations division, including any magistrates the judge | 2741 |
considers necessary for the discharge of the judge's duties. The | 2742 |
judge shall also designate the title, compensation, expense | 2743 |
allowances, hours, leaves of absence, vacation, and other | 2744 |
employment-related matters of the personnel of the division and | 2745 |
shall fix their duties. | 2746 |
(2) The judge of the court of common pleas whose term begins | 2747 |
on January 3, 2005, and successors, shall have the same | 2748 |
qualifications, exercise the same powers and jurisdiction, and | 2749 |
receive the same compensation as other judges of the court of | 2750 |
common pleas of Richland county, shall be elected and designated | 2751 |
as judge of the court of common pleas, juvenile division, and | 2752 |
shall be, and have the powers and jurisdiction of, the juvenile | 2753 |
judge as provided in Chapters 2151. and 2152. of the Revised Code. | 2754 |
Except in cases that are subject to the exclusive original | 2755 |
jurisdiction of the juvenile court, the judge of the juvenile | 2756 |
division shall not have jurisdiction or the power to hear, and | 2757 |
shall not be assigned, any case pertaining to paternity or | 2758 |
parentage, the care, custody, or control of children, parenting | 2759 |
time or visitation, child support, or the allocation of parental | 2760 |
rights and responsibilities for the care of children or any | 2761 |
post-decree proceeding arising from any case pertaining to any of | 2762 |
those matters. The judge of the juvenile division shall not have | 2763 |
jurisdiction or the power to hear, and shall not be assigned, any | 2764 |
proceeding under the uniform interstate family support act | 2765 |
contained in Chapter 3115. of the Revised Code. | 2766 |
In addition to the judge's regular duties, the judge of the | 2767 |
juvenile division shall be the administrator of the juvenile | 2768 |
division and its subdivisions and departments. The judge shall | 2769 |
have charge of the employment, assignment, and supervision of the | 2770 |
personnel of the juvenile division who are engaged in handling, | 2771 |
servicing, or investigating juvenile cases, including any | 2772 |
magistrates whom the judge considers necessary for the discharge | 2773 |
of the judge's various duties. | 2774 |
The judge of the juvenile division also shall designate the | 2775 |
title, compensation, expense allowances, hours, leaves of absence, | 2776 |
and vacation of the personnel of the division and shall fix their | 2777 |
duties. The duties of the personnel, in addition to other | 2778 |
statutory duties, include the handling, servicing, and | 2779 |
investigation of juvenile cases and providing any counseling, | 2780 |
conciliation, and mediation services that the court makes | 2781 |
available to persons, whether or not the persons are parties to an | 2782 |
action pending in the court, who request the services. | 2783 |
(H) In Stark county, the judges of the court of common pleas | 2784 |
whose terms begin on January 1, 1953, January 2, 1959, and January | 2785 |
1, 1993, and successors, shall have the same qualifications, | 2786 |
exercise the same powers and jurisdiction, and receive the same | 2787 |
compensation as other judges of the court of common pleas of Stark | 2788 |
county and shall be elected and designated as judges of the court | 2789 |
of common pleas, division of domestic relations. They shall have | 2790 |
all the powers relating to juvenile courts, and all cases under | 2791 |
Chapters 2151. and 2152. of the Revised Code, all parentage | 2792 |
proceedings over which the juvenile court has jurisdiction, and | 2793 |
all divorce, dissolution of marriage, legal separation, and | 2794 |
annulment cases, except cases that are assigned to some other | 2795 |
judge of the court of common pleas for some special reason, shall | 2796 |
be assigned to the judges. | 2797 |
The judge of the division of domestic relations, second most | 2798 |
senior in point of service, shall have charge of the employment | 2799 |
and supervision of the personnel of the division engaged in | 2800 |
handling, servicing, or investigating divorce, dissolution of | 2801 |
marriage, legal separation, and annulment cases, and necessary | 2802 |
referees required for the judge's respective court. | 2803 |
The judge of the division of domestic relations, senior in | 2804 |
point of service, shall be charged exclusively with the | 2805 |
administration of sections 2151.13, 2151.16, 2151.17, and 2152.71 | 2806 |
of the Revised Code and with the assignment and division of the | 2807 |
work of the division and the employment and supervision of all | 2808 |
other personnel of the division, including, but not limited to, | 2809 |
that judge's necessary referees, but excepting those employees who | 2810 |
may be appointed by the judge second most senior in point of | 2811 |
service. The senior judge further shall serve in every other | 2812 |
position in which the statutes permit or require a juvenile judge | 2813 |
to serve. | 2814 |
(I) In Summit county: | 2815 |
(1) The judges of the court of common pleas whose terms begin | 2816 |
on January 4, 1967, and January 6, 1993, and successors, shall | 2817 |
have the same qualifications, exercise the same powers and | 2818 |
jurisdiction, and receive the same compensation as other judges of | 2819 |
the court of common pleas of Summit county and shall be elected | 2820 |
and designated as judges of the court of common pleas, division of | 2821 |
domestic relations. The judges of the division of domestic | 2822 |
relations shall have assigned to them and hear all divorce, | 2823 |
dissolution of marriage, legal separation, and annulment cases | 2824 |
that come before the court. Except in cases that are subject to | 2825 |
the exclusive original jurisdiction of the juvenile court, the | 2826 |
judges of the division of domestic relations shall have assigned | 2827 |
to them and hear all cases pertaining to paternity, custody, | 2828 |
visitation, child support, or the allocation of parental rights | 2829 |
and responsibilities for the care of children and all post-decree | 2830 |
proceedings arising from any case pertaining to any of those | 2831 |
matters. The judges of the division of domestic relations shall | 2832 |
have assigned to them and hear all proceedings under the uniform | 2833 |
interstate family support act contained in Chapter 3115. of the | 2834 |
Revised Code. | 2835 |
The judge of the division of domestic relations, senior in | 2836 |
point of service, shall be the administrator of the domestic | 2837 |
relations division and its subdivisions and departments and shall | 2838 |
have charge of the employment, assignment, and supervision of the | 2839 |
personnel of the division, including any necessary referees, who | 2840 |
are engaged in handling, servicing, or investigating divorce, | 2841 |
dissolution of marriage, legal separation, and annulment cases. | 2842 |
That judge also shall designate the title, compensation, expense | 2843 |
allowances, hours, leaves of absence, and vacations of the | 2844 |
personnel of the division and shall fix their duties. The duties | 2845 |
of the personnel, in addition to other statutory duties, shall | 2846 |
include the handling, servicing, and investigation of divorce, | 2847 |
dissolution of marriage, legal separation, and annulment cases and | 2848 |
of any counseling and conciliation services that are available | 2849 |
upon request to all persons, whether or not they are parties to an | 2850 |
action pending in the division. | 2851 |
(2) The judge of the court of common pleas whose term begins | 2852 |
on January 1, 1955, and successors, shall have the same | 2853 |
qualifications, exercise the same powers and jurisdiction, and | 2854 |
receive the same compensation as other judges of the court of | 2855 |
common pleas of Summit county, shall be elected and designated as | 2856 |
judge of the court of common pleas, juvenile division, and shall | 2857 |
be, and have the powers and jurisdiction of, the juvenile judge as | 2858 |
provided in Chapters 2151. and 2152. of the Revised Code. Except | 2859 |
in cases that are subject to the exclusive original jurisdiction | 2860 |
of the juvenile court, the judge of the juvenile division shall | 2861 |
not have jurisdiction or the power to hear, and shall not be | 2862 |
assigned, any case pertaining to paternity, custody, visitation, | 2863 |
child support, or the allocation of parental rights and | 2864 |
responsibilities for the care of children or any post-decree | 2865 |
proceeding arising from any case pertaining to any of those | 2866 |
matters. The judge of the juvenile division shall not have | 2867 |
jurisdiction or the power to hear, and shall not be assigned, any | 2868 |
proceeding under the uniform interstate family support act | 2869 |
contained in Chapter 3115. of the Revised Code. | 2870 |
The juvenile judge shall be the administrator of the juvenile | 2871 |
division and its subdivisions and departments and shall have | 2872 |
charge of the employment, assignment, and supervision of the | 2873 |
personnel of the juvenile division, including any necessary | 2874 |
referees, who are engaged in handling, servicing, or investigating | 2875 |
juvenile cases. The judge also shall designate the title, | 2876 |
compensation, expense allowances, hours, leaves of absence, and | 2877 |
vacation of the personnel of the division and shall fix their | 2878 |
duties. The duties of the personnel, in addition to other | 2879 |
statutory duties, shall include the handling, servicing, and | 2880 |
investigation of juvenile cases and of any counseling and | 2881 |
conciliation services that are available upon request to persons, | 2882 |
whether or not they are parties to an action pending in the | 2883 |
division. | 2884 |
(J) In Trumbull county, the judges of the court of common | 2885 |
pleas whose terms begin on January 1, 1953, and January 2, 1977, | 2886 |
and successors, shall have the same qualifications, exercise the | 2887 |
same powers and jurisdiction, and receive the same compensation as | 2888 |
other judges of the court of common pleas of Trumbull county and | 2889 |
shall be elected and designated as judges of the court of common | 2890 |
pleas, division of domestic relations. They shall have all the | 2891 |
powers relating to juvenile courts, and all cases under Chapters | 2892 |
2151. and 2152. of the Revised Code, all parentage proceedings | 2893 |
over which the juvenile court has jurisdiction, and all divorce, | 2894 |
dissolution of marriage, legal separation, and annulment cases | 2895 |
shall be assigned to them, except cases that for some special | 2896 |
reason are assigned to some other judge of the court of common | 2897 |
pleas. | 2898 |
(K) In Butler county: | 2899 |
(1) The judges of the court of common pleas whose terms begin | 2900 |
on January 1, 1957, and January 4, 1993, and successors, shall | 2901 |
have the same qualifications, exercise the same powers and | 2902 |
jurisdiction, and receive the same compensation as other judges of | 2903 |
the court of common pleas of Butler county and shall be elected | 2904 |
and designated as judges of the court of common pleas, division of | 2905 |
domestic relations. The judges of the division of domestic | 2906 |
relations shall have assigned to them all divorce, dissolution of | 2907 |
marriage, legal separation, and annulment cases coming before the | 2908 |
court, except in cases that for some special reason are assigned | 2909 |
to some other judge of the court of common pleas. The judges of | 2910 |
the division of domestic relations also have concurrent | 2911 |
jurisdiction with judges of the juvenile division of the court of | 2912 |
common pleas of Butler county with respect to and may hear cases | 2913 |
to determine the custody, support, or custody and support of a | 2914 |
child who is born of issue of a marriage and who is not the ward | 2915 |
of another court of this state, cases commenced by a party of the | 2916 |
marriage to obtain an order requiring support of any child when | 2917 |
the request for that order is not ancillary to an action for | 2918 |
divorce, dissolution of marriage, annulment, or legal separation, | 2919 |
a criminal or civil action involving an allegation of domestic | 2920 |
violence, an action for support under Chapter 3115. of the Revised | 2921 |
Code, or an action that is within the exclusive original | 2922 |
jurisdiction of the juvenile division of the court of common pleas | 2923 |
of Butler county and that involves an allegation that the child is | 2924 |
an abused, neglected, or dependent child, and post-decree | 2925 |
proceedings and matters arising from those types of cases. The | 2926 |
judge senior in point of service shall be charged with the | 2927 |
assignment and division of the work of the division and with the | 2928 |
employment and supervision of all other personnel of the domestic | 2929 |
relations division. | 2930 |
The judge senior in point of service also shall designate the | 2931 |
title, compensation, expense allowances, hours, leaves of absence, | 2932 |
and vacations of the personnel of the division and shall fix their | 2933 |
duties. The duties of the personnel, in addition to other | 2934 |
statutory duties, shall include the handling, servicing, and | 2935 |
investigation of divorce, dissolution of marriage, legal | 2936 |
separation, and annulment cases and providing any counseling and | 2937 |
conciliation services that the division makes available to | 2938 |
persons, whether or not the persons are parties to an action | 2939 |
pending in the division, who request the services. | 2940 |
(2) The judges of the court of common pleas whose terms begin | 2941 |
on January 3, 1987, and January 2, 2003, and successors, shall | 2942 |
have the same qualifications, exercise the same powers and | 2943 |
jurisdiction, and receive the same compensation as other judges of | 2944 |
the court of common pleas of Butler county, shall be elected and | 2945 |
designated as judges of the court of common pleas, juvenile | 2946 |
division, and shall be the juvenile judges as provided in Chapters | 2947 |
2151. and 2152. of the Revised Code, with the powers and | 2948 |
jurisdictions conferred by those chapters. Except in cases that | 2949 |
are subject to the exclusive original jurisdiction of the juvenile | 2950 |
court, the judges of the juvenile division shall not have | 2951 |
jurisdiction or the power to hear and shall not be assigned, but | 2952 |
shall have the limited ability and authority to certify, any case | 2953 |
commenced by a party of a marriage to determine the custody, | 2954 |
support, or custody and support of a child who is born of issue of | 2955 |
the marriage and who is not the ward of another court of this | 2956 |
state when the request for the order in the case is not ancillary | 2957 |
to an action for divorce, dissolution of marriage, annulment, or | 2958 |
legal separation. The judge of the court of common pleas, juvenile | 2959 |
division, who is senior in point of service, shall be the | 2960 |
administrator of the juvenile division and its subdivisions and | 2961 |
departments. The judge, senior in point of service, shall have | 2962 |
charge of the employment, assignment, and supervision of the | 2963 |
personnel of the juvenile division who are engaged in handling, | 2964 |
servicing, or investigating juvenile cases, including any referees | 2965 |
whom the judge considers necessary for the discharge of the | 2966 |
judge's various duties. | 2967 |
The judge, senior in point of service, also shall designate | 2968 |
the title, compensation, expense allowances, hours, leaves of | 2969 |
absence, and vacation of the personnel of the division and shall | 2970 |
fix their duties. The duties of the personnel, in addition to | 2971 |
other statutory duties, include the handling, servicing, and | 2972 |
investigation of juvenile cases and providing any counseling and | 2973 |
conciliation services that the division makes available to | 2974 |
persons, whether or not the persons are parties to an action | 2975 |
pending in the division, who request the services. | 2976 |
(3) If a judge of the court of common pleas, division of | 2977 |
domestic relations or juvenile division, is sick, absent, or | 2978 |
unable to perform that judge's judicial duties or the volume of | 2979 |
cases pending in the judge's division necessitates it, the duties | 2980 |
of that judge shall be performed by the other judges of the | 2981 |
domestic relations and juvenile divisions. | 2982 |
(L)(1) In Cuyahoga county, the judges of the court of common | 2983 |
pleas whose terms begin on January 8, 1961, January 9, 1961, | 2984 |
January 18, 1975, January 19, 1975, and January 13, 1987, and | 2985 |
successors, shall have the same qualifications, exercise the same | 2986 |
powers and jurisdiction, and receive the same compensation as | 2987 |
other judges of the court of common pleas of Cuyahoga county and | 2988 |
shall be elected and designated as judges of the court of common | 2989 |
pleas, division of domestic relations. They shall have all the | 2990 |
powers relating to all divorce, dissolution of marriage, legal | 2991 |
separation, and annulment cases, except in cases that are assigned | 2992 |
to some other judge of the court of common pleas for some special | 2993 |
reason. | 2994 |
(2) The administrative judge is administrator of the domestic | 2995 |
relations division and its subdivisions and departments and has | 2996 |
the following powers concerning division personnel: | 2997 |
(a) Full charge of the employment, assignment, and | 2998 |
supervision; | 2999 |
(b) Sole determination of compensation, duties, expenses, | 3000 |
allowances, hours, leaves, and vacations. | 3001 |
(3) "Division personnel" include persons employed or referees | 3002 |
engaged in hearing, servicing, investigating, counseling, or | 3003 |
conciliating divorce, dissolution of marriage, legal separation | 3004 |
and annulment matters. | 3005 |
(M) In Lake county: | 3006 |
(1) The judge of the court of common pleas whose term begins | 3007 |
on January 2, 1961, and successors, shall have the same | 3008 |
qualifications, exercise the same powers and jurisdiction, and | 3009 |
receive the same compensation as the other judges of the court of | 3010 |
common pleas of Lake county and shall be elected and designated as | 3011 |
judge of the court of common pleas, division of domestic | 3012 |
relations. The judge shall be assigned all the divorce, | 3013 |
dissolution of marriage, legal separation, and annulment cases | 3014 |
coming before the court, except in cases that for some special | 3015 |
reason are assigned to some other judge of the court of common | 3016 |
pleas. The judge shall be charged with the assignment and division | 3017 |
of the work of the division and with the employment and | 3018 |
supervision of all other personnel of the domestic relations | 3019 |
division. | 3020 |
The judge also shall designate the title, compensation, | 3021 |
expense allowances, hours, leaves of absence, and vacations of the | 3022 |
personnel of the division and shall fix their duties. The duties | 3023 |
of the personnel, in addition to other statutory duties, shall | 3024 |
include the handling, servicing, and investigation of divorce, | 3025 |
dissolution of marriage, legal separation, and annulment cases and | 3026 |
providing any counseling and conciliation services that the | 3027 |
division makes available to persons, whether or not the persons | 3028 |
are parties to an action pending in the division, who request the | 3029 |
services. | 3030 |
(2) The judge of the court of common pleas whose term begins | 3031 |
on January 4, 1979, and successors, shall have the same | 3032 |
qualifications, exercise the same powers and jurisdiction, and | 3033 |
receive the same compensation as other judges of the court of | 3034 |
common pleas of Lake county, shall be elected and designated as | 3035 |
judge of the court of common pleas, juvenile division, and shall | 3036 |
be the juvenile judge as provided in Chapters 2151. and 2152. of | 3037 |
the Revised Code, with the powers and jurisdictions conferred by | 3038 |
those chapters. The judge of the court of common pleas, juvenile | 3039 |
division, shall be the administrator of the juvenile division and | 3040 |
its subdivisions and departments. The judge shall have charge of | 3041 |
the employment, assignment, and supervision of the personnel of | 3042 |
the juvenile division who are engaged in handling, servicing, or | 3043 |
investigating juvenile cases, including any referees whom the | 3044 |
judge considers necessary for the discharge of the judge's various | 3045 |
duties. | 3046 |
The judge also shall designate the title, compensation, | 3047 |
expense allowances, hours, leaves of absence, and vacation of the | 3048 |
personnel of the division and shall fix their duties. The duties | 3049 |
of the personnel, in addition to other statutory duties, include | 3050 |
the handling, servicing, and investigation of juvenile cases and | 3051 |
providing any counseling and conciliation services that the | 3052 |
division makes available to persons, whether or not the persons | 3053 |
are parties to an action pending in the division, who request the | 3054 |
services. | 3055 |
(3) If a judge of the court of common pleas, division of | 3056 |
domestic relations or juvenile division, is sick, absent, or | 3057 |
unable to perform that judge's judicial duties or the volume of | 3058 |
cases pending in the judge's division necessitates it, the duties | 3059 |
of that judge shall be performed by the other judges of the | 3060 |
domestic relations and juvenile divisions. | 3061 |
(N) In Erie county: | 3062 |
(1) The judge of the court of common pleas whose term begins | 3063 |
on January 2, 1971, and the successors to that judge whose terms | 3064 |
begin before January 2, 2007, shall have the same qualifications, | 3065 |
exercise the same powers and jurisdiction, and receive the same | 3066 |
compensation as the other judge of the court of common pleas of | 3067 |
Erie county and shall be elected and designated as judge of the | 3068 |
court of common pleas, division of domestic relations. The judge | 3069 |
shall have all the powers relating to juvenile courts, and shall | 3070 |
be assigned all cases under Chapters 2151. and 2152. of the | 3071 |
Revised Code, parentage proceedings over which the juvenile court | 3072 |
has jurisdiction, and divorce, dissolution of marriage, legal | 3073 |
separation, and annulment cases, except cases that for some | 3074 |
special reason are assigned to some other judge. | 3075 |
On or after January 2, 2007, the judge of the court of common | 3076 |
pleas who is elected in 2006 shall be the successor to the judge | 3077 |
of the domestic relations division whose term expires on January | 3078 |
1, 2007, shall be designated as judge of the court of common | 3079 |
pleas, juvenile division, and shall be the juvenile judge as | 3080 |
provided in Chapters 2151. and 2152. of the Revised Code with the | 3081 |
powers and jurisdictions conferred by those chapters. | 3082 |
(2) The judge of the court of common pleas, general division, | 3083 |
whose term begins on January 1, 2005, and successors, the judge of | 3084 |
the court of common pleas, general division whose term begins on | 3085 |
January 2, 2005, and successors, and the judge of the court of | 3086 |
common pleas, general division, whose term begins February 9, | 3087 |
2009, and successors, shall have assigned to them, in addition to | 3088 |
all matters that are within the jurisdiction of the general | 3089 |
division of the court of common pleas, all divorce, dissolution of | 3090 |
marriage, legal separation, and annulment cases coming before the | 3091 |
court, and all matters that are within the jurisdiction of the | 3092 |
probate court under Chapter 2101., and other provisions, of the | 3093 |
Revised Code. | 3094 |
(O) In Greene county: | 3095 |
(1) The judge of the court of common pleas whose term begins | 3096 |
on January 1, 1961, and successors, shall have the same | 3097 |
qualifications, exercise the same powers and jurisdiction, and | 3098 |
receive the same compensation as the other judges of the court of | 3099 |
common pleas of Greene county and shall be elected and designated | 3100 |
as the judge of the court of common pleas, division of domestic | 3101 |
relations. The judge shall be assigned all divorce, dissolution of | 3102 |
marriage, legal separation, annulment, uniform reciprocal support | 3103 |
enforcement, and domestic violence cases and all other cases | 3104 |
related to domestic relations, except cases that for some special | 3105 |
reason are assigned to some other judge of the court of common | 3106 |
pleas. | 3107 |
The judge shall be charged with the assignment and division | 3108 |
of the work of the division and with the employment and | 3109 |
supervision of all other personnel of the division. The judge also | 3110 |
shall designate the title, compensation, hours, leaves of absence, | 3111 |
and vacations of the personnel of the division and shall fix their | 3112 |
duties. The duties of the personnel of the division, in addition | 3113 |
to other statutory duties, shall include the handling, servicing, | 3114 |
and investigation of divorce, dissolution of marriage, legal | 3115 |
separation, and annulment cases and the provision of counseling | 3116 |
and conciliation services that the division considers necessary | 3117 |
and makes available to persons who request the services, whether | 3118 |
or not the persons are parties in an action pending in the | 3119 |
division. The compensation for the personnel shall be paid from | 3120 |
the overall court budget and shall be included in the | 3121 |
appropriations for the existing judges of the general division of | 3122 |
the court of common pleas. | 3123 |
(2) The judge of the court of common pleas whose term begins | 3124 |
on January 1, 1995, and successors, shall have the same | 3125 |
qualifications, exercise the same powers and jurisdiction, and | 3126 |
receive the same compensation as the other judges of the court of | 3127 |
common pleas of Greene county, shall be elected and designated as | 3128 |
judge of the court of common pleas, juvenile division, and, on or | 3129 |
after January 1, 1995, shall be the juvenile judge as provided in | 3130 |
Chapters 2151. and 2152. of the Revised Code with the powers and | 3131 |
jurisdiction conferred by those chapters. The judge of the court | 3132 |
of common pleas, juvenile division, shall be the administrator of | 3133 |
the juvenile division and its subdivisions and departments. The | 3134 |
judge shall have charge of the employment, assignment, and | 3135 |
supervision of the personnel of the juvenile division who are | 3136 |
engaged in handling, servicing, or investigating juvenile cases, | 3137 |
including any referees whom the judge considers necessary for the | 3138 |
discharge of the judge's various duties. | 3139 |
The judge also shall designate the title, compensation, | 3140 |
expense allowances, hours, leaves of absence, and vacation of the | 3141 |
personnel of the division and shall fix their duties. The duties | 3142 |
of the personnel, in addition to other statutory duties, include | 3143 |
the handling, servicing, and investigation of juvenile cases and | 3144 |
providing any counseling and conciliation services that the court | 3145 |
makes available to persons, whether or not the persons are parties | 3146 |
to an action pending in the court, who request the services. | 3147 |
(3) If one of the judges of the court of common pleas, | 3148 |
general division, is sick, absent, or unable to perform that | 3149 |
judge's judicial duties or the volume of cases pending in the | 3150 |
general division necessitates it, the duties of that judge of the | 3151 |
general division shall be performed by the judge of the division | 3152 |
of domestic relations and the judge of the juvenile division. | 3153 |
(P) In Portage county, the judge of the court of common | 3154 |
pleas, whose term begins January 2, 1987, and successors, shall | 3155 |
have the same qualifications, exercise the same powers and | 3156 |
jurisdiction, and receive the same compensation as the other | 3157 |
judges of the court of common pleas of Portage county and shall be | 3158 |
elected and designated as judge of the court of common pleas, | 3159 |
division of domestic relations. The judge shall be assigned all | 3160 |
divorce, dissolution of marriage, legal separation, and annulment | 3161 |
cases coming before the court, except in cases that for some | 3162 |
special reason are assigned to some other judge of the court of | 3163 |
common pleas. The judge shall be charged with the assignment and | 3164 |
division of the work of the division and with the employment and | 3165 |
supervision of all other personnel of the domestic relations | 3166 |
division. | 3167 |
The judge also shall designate the title, compensation, | 3168 |
expense allowances, hours, leaves of absence, and vacations of the | 3169 |
personnel of the division and shall fix their duties. The duties | 3170 |
of the personnel, in addition to other statutory duties, shall | 3171 |
include the handling, servicing, and investigation of divorce, | 3172 |
dissolution of marriage, legal separation, and annulment cases and | 3173 |
providing any counseling and conciliation services that the | 3174 |
division makes available to persons, whether or not the persons | 3175 |
are parties to an action pending in the division, who request the | 3176 |
services. | 3177 |
(Q) In Clermont county, the judge of the court of common | 3178 |
pleas, whose term begins January 2, 1987, and successors, shall | 3179 |
have the same qualifications, exercise the same powers and | 3180 |
jurisdiction, and receive the same compensation as the other | 3181 |
judges of the court of common pleas of Clermont county and shall | 3182 |
be elected and designated as judge of the court of common pleas, | 3183 |
division of domestic relations. The judge shall be assigned all | 3184 |
divorce, dissolution of marriage, legal separation, and annulment | 3185 |
cases coming before the court, except in cases that for some | 3186 |
special reason are assigned to some other judge of the court of | 3187 |
common pleas. The judge shall be charged with the assignment and | 3188 |
division of the work of the division and with the employment and | 3189 |
supervision of all other personnel of the domestic relations | 3190 |
division. | 3191 |
The judge also shall designate the title, compensation, | 3192 |
expense allowances, hours, leaves of absence, and vacations of the | 3193 |
personnel of the division and shall fix their duties. The duties | 3194 |
of the personnel, in addition to other statutory duties, shall | 3195 |
include the handling, servicing, and investigation of divorce, | 3196 |
dissolution of marriage, legal separation, and annulment cases and | 3197 |
providing any counseling and conciliation services that the | 3198 |
division makes available to persons, whether or not the persons | 3199 |
are parties to an action pending in the division, who request the | 3200 |
services. | 3201 |
(R) In Warren county, the judge of the court of common pleas, | 3202 |
whose term begins January 1, 1987, and successors, shall have the | 3203 |
same qualifications, exercise the same powers and jurisdiction, | 3204 |
and receive the same compensation as the other judges of the court | 3205 |
of common pleas of Warren county and shall be elected and | 3206 |
designated as judge of the court of common pleas, division of | 3207 |
domestic relations. The judge shall be assigned all divorce, | 3208 |
dissolution of marriage, legal separation, and annulment cases | 3209 |
coming before the court, except in cases that for some special | 3210 |
reason are assigned to some other judge of the court of common | 3211 |
pleas. The judge shall be charged with the assignment and division | 3212 |
of the work of the division and with the employment and | 3213 |
supervision of all other personnel of the domestic relations | 3214 |
division. | 3215 |
The judge also shall designate the title, compensation, | 3216 |
expense allowances, hours, leaves of absence, and vacations of the | 3217 |
personnel of the division and shall fix their duties. The duties | 3218 |
of the personnel, in addition to other statutory duties, shall | 3219 |
include the handling, servicing, and investigation of divorce, | 3220 |
dissolution of marriage, legal separation, and annulment cases and | 3221 |
providing any counseling and conciliation services that the | 3222 |
division makes available to persons, whether or not the persons | 3223 |
are parties to an action pending in the division, who request the | 3224 |
services. | 3225 |
(S) In Licking county, the judges of the court of common | 3226 |
pleas, whose terms begin on January 1, 1991, and January 1, 2005, | 3227 |
and successors, shall have the same qualifications, exercise the | 3228 |
same powers and jurisdiction, and receive the same compensation as | 3229 |
the other judges of the court of common pleas of Licking county | 3230 |
and shall be elected and designated as judges of the court of | 3231 |
common pleas, division of domestic relations. The judges shall be | 3232 |
assigned all divorce, dissolution of marriage, legal separation, | 3233 |
and annulment cases, all cases arising under Chapter 3111. of the | 3234 |
Revised Code, all proceedings involving child support, the | 3235 |
allocation of parental rights and responsibilities for the care of | 3236 |
children and the designation for the children of a place of | 3237 |
residence and legal custodian, parenting time, and visitation, and | 3238 |
all post-decree proceedings and matters arising from those cases | 3239 |
and proceedings, except in cases that for some special reason are | 3240 |
assigned to another judge of the court of common pleas. The | 3241 |
administrative judge of the division of domestic relations shall | 3242 |
be charged with the assignment and division of the work of the | 3243 |
division and with the employment and supervision of the personnel | 3244 |
of the division. | 3245 |
The administrative judge of the division of domestic | 3246 |
relations shall designate the title, compensation, expense | 3247 |
allowances, hours, leaves of absence, and vacations of the | 3248 |
personnel of the division and shall fix the duties of the | 3249 |
personnel of the division. The duties of the personnel of the | 3250 |
division, in addition to other statutory duties, shall include the | 3251 |
handling, servicing, and investigation of divorce, dissolution of | 3252 |
marriage, legal separation, and annulment cases, cases arising | 3253 |
under Chapter 3111. of the Revised Code, and proceedings involving | 3254 |
child support, the allocation of parental rights and | 3255 |
responsibilities for the care of children and the designation for | 3256 |
the children of a place of residence and legal custodian, | 3257 |
parenting time, and visitation and providing any counseling and | 3258 |
conciliation services that the division makes available to | 3259 |
persons, whether or not the persons are parties to an action | 3260 |
pending in the division, who request the services. | 3261 |
(T) In Allen county, the judge of the court of common pleas, | 3262 |
whose term begins January 1, 1993, and successors, shall have the | 3263 |
same qualifications, exercise the same powers and jurisdiction, | 3264 |
and receive the same compensation as the other judges of the court | 3265 |
of common pleas of Allen county and shall be elected and | 3266 |
designated as judge of the court of common pleas, division of | 3267 |
domestic relations. The judge shall be assigned all divorce, | 3268 |
dissolution of marriage, legal separation, and annulment cases, | 3269 |
all cases arising under Chapter 3111. of the Revised Code, all | 3270 |
proceedings involving child support, the allocation of parental | 3271 |
rights and responsibilities for the care of children and the | 3272 |
designation for the children of a place of residence and legal | 3273 |
custodian, parenting time, and visitation, and all post-decree | 3274 |
proceedings and matters arising from those cases and proceedings, | 3275 |
except in cases that for some special reason are assigned to | 3276 |
another judge of the court of common pleas. The judge shall be | 3277 |
charged with the assignment and division of the work of the | 3278 |
division and with the employment and supervision of the personnel | 3279 |
of the division. | 3280 |
The judge shall designate the title, compensation, expense | 3281 |
allowances, hours, leaves of absence, and vacations of the | 3282 |
personnel of the division and shall fix the duties of the | 3283 |
personnel of the division. The duties of the personnel of the | 3284 |
division, in addition to other statutory duties, shall include the | 3285 |
handling, servicing, and investigation of divorce, dissolution of | 3286 |
marriage, legal separation, and annulment cases, cases arising | 3287 |
under Chapter 3111. of the Revised Code, and proceedings involving | 3288 |
child support, the allocation of parental rights and | 3289 |
responsibilities for the care of children and the designation for | 3290 |
the children of a place of residence and legal custodian, | 3291 |
parenting time, and visitation, and providing any counseling and | 3292 |
conciliation services that the division makes available to | 3293 |
persons, whether or not the persons are parties to an action | 3294 |
pending in the division, who request the services. | 3295 |
(U) In Medina county, the judge of the court of common pleas | 3296 |
whose term begins January 1, 1995, and successors, shall have the | 3297 |
same qualifications, exercise the same powers and jurisdiction, | 3298 |
and receive the same compensation as other judges of the court of | 3299 |
common pleas of Medina county and shall be elected and designated | 3300 |
as judge of the court of common pleas, division of domestic | 3301 |
relations. The judge shall be assigned all divorce, dissolution of | 3302 |
marriage, legal separation, and annulment cases, all cases arising | 3303 |
under Chapter 3111. of the Revised Code, all proceedings involving | 3304 |
child support, the allocation of parental rights and | 3305 |
responsibilities for the care of children and the designation for | 3306 |
the children of a place of residence and legal custodian, | 3307 |
parenting time, and visitation, and all post-decree proceedings | 3308 |
and matters arising from those cases and proceedings, except in | 3309 |
cases that for some special reason are assigned to another judge | 3310 |
of the court of common pleas. The judge shall be charged with the | 3311 |
assignment and division of the work of the division and with the | 3312 |
employment and supervision of the personnel of the division. | 3313 |
The judge shall designate the title, compensation, expense | 3314 |
allowances, hours, leaves of absence, and vacations of the | 3315 |
personnel of the division and shall fix the duties of the | 3316 |
personnel of the division. The duties of the personnel, in | 3317 |
addition to other statutory duties, include the handling, | 3318 |
servicing, and investigation of divorce, dissolution of marriage, | 3319 |
legal separation, and annulment cases, cases arising under Chapter | 3320 |
3111. of the Revised Code, and proceedings involving child | 3321 |
support, the allocation of parental rights and responsibilities | 3322 |
for the care of children and the designation for the children of a | 3323 |
place of residence and legal custodian, parenting time, and | 3324 |
visitation, and providing counseling and conciliation services | 3325 |
that the division makes available to persons, whether or not the | 3326 |
persons are parties to an action pending in the division, who | 3327 |
request the services. | 3328 |
(V) In Fairfield county, the judge of the court of common | 3329 |
pleas whose term begins January 2, 1995, and successors, shall | 3330 |
have the same qualifications, exercise the same powers and | 3331 |
jurisdiction, and receive the same compensation as the other | 3332 |
judges of the court of common pleas of Fairfield county and shall | 3333 |
be elected and designated as judge of the court of common pleas, | 3334 |
division of domestic relations. The judge shall be assigned all | 3335 |
divorce, dissolution of marriage, legal separation, and annulment | 3336 |
cases, all cases arising under Chapter 3111. of the Revised Code, | 3337 |
all proceedings involving child support, the allocation of | 3338 |
parental rights and responsibilities for the care of children and | 3339 |
the designation for the children of a place of residence and legal | 3340 |
custodian, parenting time, and visitation, and all post-decree | 3341 |
proceedings and matters arising from those cases and proceedings, | 3342 |
except in cases that for some special reason are assigned to | 3343 |
another judge of the court of common pleas. The judge also has | 3344 |
concurrent jurisdiction with the probate-juvenile division of the | 3345 |
court of common pleas of Fairfield county with respect to and may | 3346 |
hear cases to determine the custody of a child, as defined in | 3347 |
section 2151.011 of the Revised Code, who is not the ward of | 3348 |
another court of this state, cases that are commenced by a parent, | 3349 |
guardian, or custodian of a child, as defined in section 2151.011 | 3350 |
of the Revised Code, to obtain an order requiring a parent of the | 3351 |
child to pay child support for that child when the request for | 3352 |
that order is not ancillary to an action for divorce, dissolution | 3353 |
of marriage, annulment, or legal separation, a criminal or civil | 3354 |
action involving an allegation of domestic violence, an action for | 3355 |
support under Chapter 3115. of the Revised Code, or an action that | 3356 |
is within the exclusive original jurisdiction of the | 3357 |
probate-juvenile division of the court of common pleas of | 3358 |
Fairfield county and that involves an allegation that the child is | 3359 |
an abused, neglected, or dependent child, and post-decree | 3360 |
proceedings and matters arising from those types of cases. | 3361 |
The judge of the domestic relations division shall be charged | 3362 |
with the assignment and division of the work of the division and | 3363 |
with the employment and supervision of the personnel of the | 3364 |
division. | 3365 |
The judge shall designate the title, compensation, expense | 3366 |
allowances, hours, leaves of absence, and vacations of the | 3367 |
personnel of the division and shall fix the duties of the | 3368 |
personnel of the division. The duties of the personnel of the | 3369 |
division, in addition to other statutory duties, shall include the | 3370 |
handling, servicing, and investigation of divorce, dissolution of | 3371 |
marriage, legal separation, and annulment cases, cases arising | 3372 |
under Chapter 3111. of the Revised Code, and proceedings involving | 3373 |
child support, the allocation of parental rights and | 3374 |
responsibilities for the care of children and the designation for | 3375 |
the children of a place of residence and legal custodian, | 3376 |
parenting time, and visitation, and providing any counseling and | 3377 |
conciliation services that the division makes available to | 3378 |
persons, regardless of whether the persons are parties to an | 3379 |
action pending in the division, who request the services. When the | 3380 |
judge hears a case to determine the custody of a child, as defined | 3381 |
in section 2151.011 of the Revised Code, who is not the ward of | 3382 |
another court of this state or a case that is commenced by a | 3383 |
parent, guardian, or custodian of a child, as defined in section | 3384 |
2151.011 of the Revised Code, to obtain an order requiring a | 3385 |
parent of the child to pay child support for that child when the | 3386 |
request for that order is not ancillary to an action for divorce, | 3387 |
dissolution of marriage, annulment, or legal separation, a | 3388 |
criminal or civil action involving an allegation of domestic | 3389 |
violence, an action for support under Chapter 3115. of the Revised | 3390 |
Code, or an action that is within the exclusive original | 3391 |
jurisdiction of the probate-juvenile division of the court of | 3392 |
common pleas of Fairfield county and that involves an allegation | 3393 |
that the child is an abused, neglected, or dependent child, the | 3394 |
duties of the personnel of the domestic relations division also | 3395 |
include the handling, servicing, and investigation of those types | 3396 |
of cases. | 3397 |
(W)(1) In Clark county, the judge of the court of common | 3398 |
pleas whose term begins on January 2, 1995, and successors, shall | 3399 |
have the same qualifications, exercise the same powers and | 3400 |
jurisdiction, and receive the same compensation as other judges of | 3401 |
the court of common pleas of Clark county and shall be elected and | 3402 |
designated as judge of the court of common pleas, domestic | 3403 |
relations division. The judge shall have all the powers relating | 3404 |
to juvenile courts, and all cases under Chapters 2151. and 2152. | 3405 |
of the Revised Code and all parentage proceedings under Chapter | 3406 |
3111. of the Revised Code over which the juvenile court has | 3407 |
jurisdiction shall be assigned to the judge of the division of | 3408 |
domestic relations. All divorce, dissolution of marriage, legal | 3409 |
separation, annulment, uniform reciprocal support enforcement, and | 3410 |
other cases related to domestic relations shall be assigned to the | 3411 |
domestic relations division, and the presiding judge of the court | 3412 |
of common pleas shall assign the cases to the judge of the | 3413 |
domestic relations division and the judges of the general | 3414 |
division. | 3415 |
(2) In addition to the judge's regular duties, the judge of | 3416 |
the division of domestic relations shall serve on the children | 3417 |
services board and the county advisory board. | 3418 |
(3) If the judge of the court of common pleas of Clark | 3419 |
county, division of domestic relations, is sick, absent, or unable | 3420 |
to perform that judge's judicial duties or if the presiding judge | 3421 |
of the court of common pleas of Clark county determines that the | 3422 |
volume of cases pending in the division of domestic relations | 3423 |
necessitates it, the duties of the judge of the division of | 3424 |
domestic relations shall be performed by the judges of the general | 3425 |
division or probate division of the court of common pleas of Clark | 3426 |
county, as assigned for that purpose by the presiding judge of | 3427 |
that court, and the judges so assigned shall act in conjunction | 3428 |
with the judge of the division of domestic relations of that | 3429 |
court. | 3430 |
(X) In Scioto county, the judge of the court of common pleas | 3431 |
whose term begins January 2, 1995, and successors, shall have the | 3432 |
same qualifications, exercise the same powers and jurisdiction, | 3433 |
and receive the same compensation as other judges of the court of | 3434 |
common pleas of Scioto county and shall be elected and designated | 3435 |
as judge of the court of common pleas, division of domestic | 3436 |
relations. The judge shall be assigned all divorce, dissolution of | 3437 |
marriage, legal separation, and annulment cases, all cases arising | 3438 |
under Chapter 3111. of the Revised Code, all proceedings involving | 3439 |
child support, the allocation of parental rights and | 3440 |
responsibilities for the care of children and the designation for | 3441 |
the children of a place of residence and legal custodian, | 3442 |
parenting time, visitation, and all post-decree proceedings and | 3443 |
matters arising from those cases and proceedings, except in cases | 3444 |
that for some special reason are assigned to another judge of the | 3445 |
court of common pleas. The judge shall be charged with the | 3446 |
assignment and division of the work of the division and with the | 3447 |
employment and supervision of the personnel of the division. | 3448 |
The judge shall designate the title, compensation, expense | 3449 |
allowances, hours, leaves of absence, and vacations of the | 3450 |
personnel of the division and shall fix the duties of the | 3451 |
personnel of the division. The duties of the personnel, in | 3452 |
addition to other statutory duties, include the handling, | 3453 |
servicing, and investigation of divorce, dissolution of marriage, | 3454 |
legal separation, and annulment cases, cases arising under Chapter | 3455 |
3111. of the Revised Code, and proceedings involving child | 3456 |
support, the allocation of parental rights and responsibilities | 3457 |
for the care of children and the designation for the children of a | 3458 |
place of residence and legal custodian, parenting time, and | 3459 |
visitation, and providing counseling and conciliation services | 3460 |
that the division makes available to persons, whether or not the | 3461 |
persons are parties to an action pending in the division, who | 3462 |
request the services. | 3463 |
(Y) In Auglaize county, the judge of the probate and juvenile | 3464 |
divisions of the Auglaize county court of common pleas also shall | 3465 |
be the administrative judge of the domestic relations division of | 3466 |
the court and shall be assigned all divorce, dissolution of | 3467 |
marriage, legal separation, and annulment cases coming before the | 3468 |
court. The judge shall have all powers as administrator of the | 3469 |
domestic relations division and shall have charge of the personnel | 3470 |
engaged in handling, servicing, or investigating divorce, | 3471 |
dissolution of marriage, legal separation, and annulment cases, | 3472 |
including any referees considered necessary for the discharge of | 3473 |
the judge's various duties. | 3474 |
(Z)(1) In Marion county, the judge of the court of common | 3475 |
pleas whose term begins on February 9, 1999, and the successors to | 3476 |
that judge, shall have the same qualifications, exercise the same | 3477 |
powers and jurisdiction, and receive the same compensation as the | 3478 |
other judges of the court of common pleas of Marion county and | 3479 |
shall be elected and designated as judge of the court of common | 3480 |
pleas, domestic relations-juvenile-probate division. Except as | 3481 |
otherwise specified in this division, that judge, and the | 3482 |
successors to that judge, shall have all the powers relating to | 3483 |
juvenile courts, and all cases under Chapters 2151. and 2152. of | 3484 |
the Revised Code, all cases arising under Chapter 3111. of the | 3485 |
Revised Code, all divorce, dissolution of marriage, legal | 3486 |
separation, and annulment cases, all proceedings involving child | 3487 |
support, the allocation of parental rights and responsibilities | 3488 |
for the care of children and the designation for the children of a | 3489 |
place of residence and legal custodian, parenting time, and | 3490 |
visitation, and all post-decree proceedings and matters arising | 3491 |
from those cases and proceedings shall be assigned to that judge | 3492 |
and the successors to that judge. Except as provided in division | 3493 |
(Z)(2) of this section and notwithstanding any other provision of | 3494 |
any section of the Revised Code, on and after February 9, 2003, | 3495 |
the judge of the court of common pleas of Marion county whose term | 3496 |
begins on February 9, 1999, and the successors to that judge, | 3497 |
shall have all the powers relating to the probate division of the | 3498 |
court of common pleas of Marion county in addition to the powers | 3499 |
previously specified in this division, and shall exercise | 3500 |
concurrent jurisdiction with the judge of the probate division of | 3501 |
that court over all matters that are within the jurisdiction of | 3502 |
the probate division of that court under Chapter 2101., and other | 3503 |
provisions, of the Revised Code in addition to the jurisdiction of | 3504 |
the domestic relations-juvenile-probate division of that court | 3505 |
otherwise specified in division (Z)(1) of this section. | 3506 |
(2) The judge of the domestic relations-juvenile-probate | 3507 |
division of the court of common pleas of Marion county or the | 3508 |
judge of the probate division of the court of common pleas of | 3509 |
Marion county, whichever of those judges is senior in total length | 3510 |
of service on the court of common pleas of Marion county, | 3511 |
regardless of the division or divisions of service, shall serve as | 3512 |
the clerk of the probate division of the court of common pleas of | 3513 |
Marion county. | 3514 |
(3) On and after February 9, 2003, all references in law to | 3515 |
"the probate court," "the probate judge," "the juvenile court," or | 3516 |
"the judge of the juvenile court" shall be construed, with respect | 3517 |
to Marion county, as being references to both "the probate | 3518 |
division" and "the domestic relations-juvenile-probate division" | 3519 |
and as being references to both "the judge of the probate | 3520 |
division" and "the judge of the domestic relations- | 3521 |
juvenile-probate division." On and after February 9, 2003, all | 3522 |
references in law to "the clerk of the probate court" shall be | 3523 |
construed, with respect to Marion county, as being references to | 3524 |
the judge who is serving pursuant to division (Z)(2) of this | 3525 |
section as the clerk of the probate division of the court of | 3526 |
common pleas of Marion county. | 3527 |
(AA) In Muskingum county, the judge of the court of common | 3528 |
pleas whose term begins on January 2, 2003, and successors, shall | 3529 |
have the same qualifications, exercise the same powers and | 3530 |
jurisdiction, and receive the same compensation as the other | 3531 |
judges of the court of common pleas of Muskingum county and shall | 3532 |
be elected and designated as the judge of the court of common | 3533 |
pleas, division of domestic relations. The judge shall be assigned | 3534 |
all divorce, dissolution of marriage, legal separation, and | 3535 |
annulment cases, all cases arising under Chapter 3111. of the | 3536 |
Revised Code, all proceedings involving child support, the | 3537 |
allocation of parental rights and responsibilities for the care of | 3538 |
children and the designation for the children of a place of | 3539 |
residence and legal custodian, parenting time, and visitation, and | 3540 |
all post-decree proceedings and matters arising from those cases | 3541 |
and proceedings, except in cases that for some special reason are | 3542 |
assigned to another judge of the court of common pleas. The judge | 3543 |
shall be charged with the assignment and division of the work of | 3544 |
the division and with the employment and supervision of the | 3545 |
personnel of the division. | 3546 |
The judge shall designate the title, compensation, expense | 3547 |
allowances, hours, leaves of absence, and vacations of the | 3548 |
personnel of the division and shall fix the duties of the | 3549 |
personnel of the division. The duties of the personnel of the | 3550 |
division, in addition to other statutory duties, shall include the | 3551 |
handling, servicing, and investigation of divorce, dissolution of | 3552 |
marriage, legal separation, and annulment cases, cases arising | 3553 |
under Chapter 3111. of the Revised Code, and proceedings involving | 3554 |
child support, the allocation of parental rights and | 3555 |
responsibilities for the care of children and the designation for | 3556 |
the children of a place of residence and legal custodian, | 3557 |
parenting time, and visitation and providing any counseling and | 3558 |
conciliation services that the division makes available to | 3559 |
persons, whether or not the persons are parties to an action | 3560 |
pending in the division, who request the services. | 3561 |
(BB) In Henry county, the judge of the court of common pleas | 3562 |
whose term begins on January 1, 2005, and successors, shall have | 3563 |
the same qualifications, exercise the same powers and | 3564 |
jurisdiction, and receive the same compensation as the other judge | 3565 |
of the court of common pleas of Henry county and shall be elected | 3566 |
and designated as the judge of the court of common pleas, division | 3567 |
of domestic relations. The judge shall have all of the powers | 3568 |
relating to juvenile courts, and all cases under Chapter 2151. or | 3569 |
2152. of the Revised Code, all parentage proceedings arising under | 3570 |
Chapter 3111. of the Revised Code over which the juvenile court | 3571 |
has jurisdiction, all divorce, dissolution of marriage, legal | 3572 |
separation, and annulment cases, all proceedings involving child | 3573 |
support, the allocation of parental rights and responsibilities | 3574 |
for the care of children and the designation for the children of a | 3575 |
place of residence and legal custodian, parenting time, and | 3576 |
visitation, and all post-decree proceedings and matters arising | 3577 |
from those cases and proceedings shall be assigned to that judge, | 3578 |
except in cases that for some special reason are assigned to the | 3579 |
other judge of the court of common pleas. | 3580 |
(CC)(1) In Logan county, the judge of the court of common | 3581 |
pleas whose term begins January 2, 2005, and the successors to | 3582 |
that judge, shall have the same qualifications, exercise the same | 3583 |
powers and jurisdiction, and receive the same compensation as the | 3584 |
other judges of the court of common pleas of Logan county and | 3585 |
shall be elected and designated as judge of the court of common | 3586 |
pleas, domestic relations-juvenile-probate division. Except as | 3587 |
otherwise specified in this division, that judge, and the | 3588 |
successors to that judge, shall have all the powers relating to | 3589 |
juvenile courts, and all cases under Chapters 2151. and 2152. of | 3590 |
the Revised Code, all cases arising under Chapter 3111. of the | 3591 |
Revised Code, all divorce, dissolution of marriage, legal | 3592 |
separation, and annulment cases, all proceedings involving child | 3593 |
support, the allocation of parental rights and responsibilities | 3594 |
for the care of children and designation for the children of a | 3595 |
place of residence and legal custodian, parenting time, and | 3596 |
visitation, and all post-decree proceedings and matters arising | 3597 |
from those cases and proceedings shall be assigned to that judge | 3598 |
and the successors to that judge. Notwithstanding any other | 3599 |
provision of any section of the Revised Code, on and after January | 3600 |
2, 2005, the judge of the court of common pleas of Logan county | 3601 |
whose term begins on January 2, 2005, and the successors to that | 3602 |
judge, shall have all the powers relating to the probate division | 3603 |
of the court of common pleas of Logan county in addition to the | 3604 |
powers previously specified in this division and shall exercise | 3605 |
concurrent jurisdiction with the judge of the probate division of | 3606 |
that court over all matters that are within the jurisdiction of | 3607 |
the probate division of that court under Chapter 2101., and other | 3608 |
provisions, of the Revised Code in addition to the jurisdiction of | 3609 |
the domestic relations-juvenile-probate division of that court | 3610 |
otherwise specified in division (CC)(1) of this section. | 3611 |
(2) The judge of the domestic relations-juvenile-probate | 3612 |
division of the court of common pleas of Logan county or the | 3613 |
probate judge of the court of common pleas of Logan county who is | 3614 |
elected as the administrative judge of the probate division of the | 3615 |
court of common pleas of Logan county pursuant to Rule 4 of the | 3616 |
Rules of Superintendence shall be the clerk of the probate | 3617 |
division and juvenile division of the court of common pleas of | 3618 |
Logan county. The clerk of the court of common pleas who is | 3619 |
elected pursuant to section 2303.01 of the Revised Code shall keep | 3620 |
all of the journals, records, books, papers, and files pertaining | 3621 |
to the domestic relations cases. | 3622 |
(3) On and after January 2, 2005, all references in law to | 3623 |
"the probate court," "the probate judge," "the juvenile court," or | 3624 |
"the judge of the juvenile court" shall be construed, with respect | 3625 |
to Logan county, as being references to both "the probate | 3626 |
division" and the "domestic relations-juvenile-probate division" | 3627 |
and as being references to both "the judge of the probate | 3628 |
division" and the "judge of the domestic | 3629 |
relations-juvenile-probate division." On and after January 2, | 3630 |
2005, all references in law to "the clerk of the probate court" | 3631 |
shall be construed, with respect to Logan county, as being | 3632 |
references to the judge who is serving pursuant to division | 3633 |
(CC)(2) of this section as the clerk of the probate division of | 3634 |
the court of common pleas of Logan county. | 3635 |
(DD)(1) In Champaign county, the judge of the court of common | 3636 |
pleas whose term begins February 9, 2003, and the judge of the | 3637 |
court of common pleas whose term begins February 10, 2009, and the | 3638 |
successors to those judges, shall have the same qualifications, | 3639 |
exercise the same powers and jurisdiction, and receive the same | 3640 |
compensation as the other judges of the court of common pleas of | 3641 |
Champaign county and shall be elected and designated as judges of | 3642 |
the court of common pleas, domestic relations-juvenile-probate | 3643 |
division. Except as otherwise specified in this division, those | 3644 |
judges, and the successors to those judges, shall have all the | 3645 |
powers relating to juvenile courts, and all cases under Chapters | 3646 |
2151. and 2152. of the Revised Code, all cases arising under | 3647 |
Chapter 3111. of the Revised Code, all divorce, dissolution of | 3648 |
marriage, legal separation, and annulment cases, all proceedings | 3649 |
involving child support, the allocation of parental rights and | 3650 |
responsibilities for the care of children and the designation for | 3651 |
the children of a place of residence and legal custodian, | 3652 |
parenting time, and visitation, and all post-decree proceedings | 3653 |
and matters arising from those cases and proceedings shall be | 3654 |
assigned to those judges and the successors to those judges. | 3655 |
Notwithstanding any other provision of any section of the Revised | 3656 |
Code, on and after February 9, 2009, the judges designated by this | 3657 |
division as judges of the court of common pleas of Champaign | 3658 |
county, domestic relations-juvenile-probate division, and the | 3659 |
successors to those judges, shall have all the powers relating to | 3660 |
probate courts in addition to the powers previously specified in | 3661 |
this division and shall exercise jurisdiction over all matters | 3662 |
that are within the jurisdiction of probate courts under Chapter | 3663 |
2101., and other provisions, of the Revised Code in addition to | 3664 |
the jurisdiction of the domestic relations-juvenile-probate | 3665 |
division otherwise specified in division (DD)(1) of this section. | 3666 |
(2) On and after February 9, 2009, all references in law to | 3667 |
"the probate court," "the probate judge," "the juvenile court," or | 3668 |
"the judge of the juvenile court" shall be construed with respect | 3669 |
to Champaign county as being references to the "domestic | 3670 |
relations-juvenile-probate division" and as being references to | 3671 |
the "judge of the domestic relations-juvenile-probate division." | 3672 |
On and after February 9, 2009, all references in law to "the clerk | 3673 |
of the probate court" shall be construed with respect to Champaign | 3674 |
county as being references to the judge who is serving pursuant to | 3675 |
Rule 4 of the Rules of Superintendence for the Courts of Ohio as | 3676 |
the administrative judge of the court of common pleas, domestic | 3677 |
relations-juvenile-probate division. | 3678 |
(EE) If a judge of the court of common pleas, division of | 3679 |
domestic relations, or juvenile judge, of any of the counties | 3680 |
mentioned in this section is sick, absent, or unable to perform | 3681 |
that judge's judicial duties or the volume of cases pending in the | 3682 |
judge's division necessitates it, the duties of that judge shall | 3683 |
be performed by another judge of the court of common pleas of that | 3684 |
county, assigned for that purpose by the presiding judge of the | 3685 |
court of common pleas of that county to act in place of or in | 3686 |
conjunction with that judge, as the case may require. | 3687 |
Sec. 2303.20. Under the circumstances described in sections | 3688 |
2969.21 to 2969.27 of the Revised Code, the clerk of the court of | 3689 |
common pleas shall charge the fees and perform the other duties | 3690 |
specified in those sections. In all other cases, the clerk | 3691 |
may request the court to establish by rule and charge | 3692 |
3693 | |
(A) through (Z) of this section. The fees cannot exceed the | 3694 |
following amounts: | 3695 |
(A) | 3696 |
shall include the following: | 3697 |
(1) Docketing in all dockets; | 3698 |
(2) Filing necessary documents, noting the filing of the | 3699 |
documents, except subpoena, on the dockets; | 3700 |
(3) Issuing certificate of deposit in foreign writs; | 3701 |
(4) Indexing pending suits and living judgments; | 3702 |
(5) Noting on appearance docket all papers mailed; | 3703 |
(6) Certificate for attorney's fee; | 3704 |
(7) Certificate for stenographer's fee; | 3705 |
(8) Preparing cost bill; | 3706 |
(9) Entering on indictment any plea; | 3707 |
(10) Entering costs on docket and cash book. | 3708 |
(B) Two dollars for taking each undertaking, bond, or | 3709 |
recognizance; | 3710 |
(C) Two dollars for issuing each writ, order, or notice, | 3711 |
except subpoena; | 3712 |
(D) Two dollars for each name for issuing subpoena, swearing | 3713 |
witness, entering attendance, and certifying fees; | 3714 |
(E) | 3715 |
cause; | 3716 |
(F) Two dollars for each page, for entering on journal, | 3717 |
indexing, and posting on any docket; | 3718 |
(G) Three dollars for each execution or transcript of | 3719 |
judgment, including indexing; | 3720 |
(H) One dollar for each page, for making complete record, | 3721 |
including indexing; | 3722 |
(I) | 3723 |
county recorder's office; | 3724 |
(J) | 3725 |
order of reference with oath; | 3726 |
(K) | 3727 |
satisfaction of each lien on record in the county recorder's | 3728 |
office, and the clerk of courts' office; | 3729 |
(L) | 3730 |
seal of the court, to be paid by the party demanding it; | 3731 |
(M) | 3732 |
including certificate and seal; | 3733 |
(N) Two dollars for acknowledging all instruments in writing; | 3734 |
(O) | 3735 |
(P) | 3736 |
certificate of judgment, including the indexing and noting the | 3737 |
return of the certificate; | 3738 |
(Q) | 3739 |
each judgment by confession, including all docketing, indexing, | 3740 |
and entries on the journal; | 3741 |
(R) | 3742 |
notary public; | 3743 |
(S) One dollar for issuing any license except the licenses | 3744 |
issued pursuant to sections 1533.101, 1533.11, 1533.13, and | 3745 |
1533.32 of the Revised Code; | 3746 |
(T) | 3747 |
each aid in execution or petition to vacate, revive, or modify | 3748 |
judgment, including the filing and noting of all necessary | 3749 |
documents; | 3750 |
(U) | 3751 |
appeal, including the filing and noting of all necessary | 3752 |
documents; | 3753 |
(V) A commission of two per cent on the first ten thousand | 3754 |
dollars and one per cent on all exceeding ten thousand dollars for | 3755 |
receiving and disbursing money, other than costs and fees, paid to | 3756 |
or deposited with the clerk of courts in pursuance of an order of | 3757 |
court or on judgments, including moneys invested by order of the | 3758 |
court and interest earned on them; | 3759 |
(W) | 3760 |
filing each authenticated or certified copy of the record, or any | 3761 |
portion of an authenticated or certified copy of the record, of an | 3762 |
extra county action or proceeding; | 3763 |
(X) | 3764 |
annulment, or dissolution of marriage to the bureau of vital | 3765 |
statistics; | 3766 |
(Y) Two dollars for each electronic transmission of a | 3767 |
document, plus one dollar for each page of that document. These | 3768 |
fees are to be paid by the party requesting the electronic | 3769 |
transmission. | 3770 |
(Z) One dollar for each page, for copies of pleadings, | 3771 |
process, record, or files, including certificate and seal. | 3772 |
Sec. 2303.201. (A)(1) The court of common pleas of any | 3773 |
county may determine that for the efficient operation of the court | 3774 |
additional funds are required to computerize the court, to make | 3775 |
available computerized legal research services, or to do both. | 3776 |
Upon making a determination that additional funds are required for | 3777 |
either or both of those purposes, the court shall establish by | 3778 |
rule and authorize and direct the clerk of the court of common | 3779 |
pleas to charge one additional fee, not to exceed | 3780 |
dollars, on the filing of each cause of action or appeal under | 3781 |
divisions (A), (Q), and (U) of section 2303.20 of the Revised | 3782 |
Code. Not less than thirty days before adopting a rule under this | 3783 |
division, the clerk shall publish a notice in a newspaper of | 3784 |
general circulation in the county in which the court of common | 3785 |
pleas is located setting forth the proposed rule. | 3786 |
(2) All fees collected under division (A)(1) of this section | 3787 |
shall be paid to the county treasurer. The treasurer shall place | 3788 |
the funds from the fees in a separate fund to be disbursed, upon | 3789 |
an order of the court, in an amount not greater than the actual | 3790 |
cost to the court of procuring and maintaining computerization of | 3791 |
the court, computerized legal research services, or both. | 3792 |
(3) If the court determines that the funds in the fund | 3793 |
described in division (A)(2) of this section are more than | 3794 |
sufficient to satisfy the purpose for which the additional fee | 3795 |
described in division (A)(1) of this section was imposed, the | 3796 |
court may declare a surplus in the fund and expend those surplus | 3797 |
funds for other appropriate technological expenses of the court. | 3798 |
(B)(1) The court of common pleas of any county may determine | 3799 |
that, for the efficient operation of the court, additional funds | 3800 |
are required to make technological advances and to computerize the | 3801 |
office of the clerk of the court of common pleas and, upon that | 3802 |
determination, may establish by rule and authorize and direct the | 3803 |
clerk of the court of common pleas to charge an additional fee, | 3804 |
not to exceed | 3805 |
action or appeal, on the filing, docketing, and endorsing of each | 3806 |
certificate of judgment, or on the docketing and indexing of each | 3807 |
aid in execution or petition to vacate, revive, or modify a | 3808 |
judgment under divisions (A), (P), (Q), (T), and (U) of section | 3809 |
2303.20 of the Revised Code; an additional fee not to exceed one | 3810 |
dollar for each undertaking, bond, or recognizance; one dollar for | 3811 |
issuing each writ, order, or notice, except subpoena; an | 3812 |
additional fee not to exceed one dollar for each name for issuing | 3813 |
subpoena, swearing witness, entering attendance, and certifying | 3814 |
fees; an additional fee not to exceed one dollar for each page, | 3815 |
for entering on journal, indexing, and posting on any docket; an | 3816 |
additional fee not to exceed one dollar for each page for making | 3817 |
complete record, including indexing; and an additional fee not to | 3818 |
exceed one dollar for each certificate of fact under seal of the | 3819 |
court, under divisions (B), (C), (D), (F), and (H) of section | 3820 |
2303.20 of the Revised Code. Not less than thirty days before | 3821 |
adopting a rule under this division, the clerk shall publish a | 3822 |
notice in a newspaper of general circulation in the county in | 3823 |
which the court of common pleas is located setting forth the | 3824 |
proposed rule. Subject to division (B)(2) of this section, all | 3825 |
moneys collected under division (B)(1) of this section shall be | 3826 |
paid to the county treasurer to be disbursed, upon an order of the | 3827 |
court of common pleas and subject to appropriation by the board of | 3828 |
county commissioners, in an amount no greater than the actual cost | 3829 |
to the court of procuring and maintaining technology and computer | 3830 |
systems for the office of the clerk of the court of common pleas. | 3831 |
(2) If the court of common pleas of a county makes the | 3832 |
determination described in division (B)(1) of this section, the | 3833 |
board of county commissioners of that county may issue one or more | 3834 |
general obligation bonds for the purpose of procuring and | 3835 |
maintaining the computer systems for the office of the clerk of | 3836 |
the court of common pleas. In addition to the purposes stated in | 3837 |
division (B)(1) of this section for which the moneys collected | 3838 |
under that division may be expended, the moneys additionally may | 3839 |
be expended to pay debt charges on and financing costs related to | 3840 |
any general obligation bonds issued pursuant to division (B)(2) of | 3841 |
this section as they become due. General obligation bonds issued | 3842 |
pursuant to division (B)(2) of this section are Chapter 133. | 3843 |
securities. | 3844 |
(C) The court of common pleas shall collect the sum of | 3845 |
3846 | |
new civil action or proceeding for the charitable public purpose | 3847 |
of providing financial assistance to legal aid societies that | 3848 |
operate within the state and to support the office of the state | 3849 |
public defender. This division does not apply to a domestic | 3850 |
relations division of a court of common pleas, except that the | 3851 |
additional filing fee shall apply to proceedings concerning | 3852 |
annulments, dissolutions of marriage, divorces, and legal | 3853 |
separation | 3854 |
3855 | |
juvenile division of a court of common pleas; to a probate | 3856 |
division of a court of common pleas, except that the additional | 3857 |
filing fees shall apply to name change, guardianship, adoption, | 3858 |
and full administration of decedents' estate proceedings; or to an | 3859 |
execution on a judgment, proceeding in aid of execution, or other | 3860 |
post-judgment proceeding arising out of a civil action. The filing | 3861 |
fees required to be collected under this division shall be in | 3862 |
addition to any other filing fees imposed in the action or | 3863 |
proceeding and shall be collected at the time of the filing of the | 3864 |
action or proceeding. The court shall not waive the payment of the | 3865 |
additional filing fees in a new civil action or proceeding unless | 3866 |
the court waives the advanced payment of all filing fees in the | 3867 |
action or proceeding. All such moneys collected during a month | 3868 |
except for an amount equal to up to one per cent of those moneys | 3869 |
retained to cover administrative costs shall be transmitted on or | 3870 |
before the twentieth day of the following month by the clerk of | 3871 |
the court to the treasurer of state in a manner prescribed by the | 3872 |
treasurer of state or by the Ohio legal assistance foundation. The | 3873 |
treasurer of state shall deposit | 3874 |
collected under this division to the credit of the civil case | 3875 |
filing fee fund established under section 120.07 of the Revised | 3876 |
Code and | 3877 |
under this division to the credit of the legal aid fund | 3878 |
established under section 120.52 of the Revised Code. | 3879 |
The Ohio legal assistance foundation or any recipient of | 3880 |
financial assistance from the foundation that receives, or | 3881 |
benefits from, any portion of the additional filing fees that are | 3882 |
collected and transmitted under this division shall not bring or | 3883 |
maintain any action for damages against the state or its political | 3884 |
subdivisions, except if the sole amount sought is restitutionary | 3885 |
damages or damages measured by economic loss to one or more | 3886 |
plaintiffs. | 3887 |
The court may retain up to one per cent of the moneys it | 3888 |
collects under this division to cover administrative costs, | 3889 |
including the hiring of any additional personnel necessary to | 3890 |
implement this division. If the court fails to transmit to the | 3891 |
treasurer of state the moneys the court collects under this | 3892 |
division in a manner prescribed by the treasurer of state or by | 3893 |
the Ohio legal assistance foundation, the court shall forfeit the | 3894 |
moneys the court retains under this division to cover | 3895 |
administrative costs, including the hiring of any additional | 3896 |
personnel necessary to implement this division, and shall transmit | 3897 |
to the treasurer of state all moneys collected under this | 3898 |
division, including the forfeited amount retained for | 3899 |
administrative costs, for deposit in the legal aid fund. | 3900 |
(D) On and after the thirtieth day after December 9, 1994, | 3901 |
the court of common pleas shall collect the sum of thirty-two | 3902 |
dollars as additional filing fees in each new action or proceeding | 3903 |
for annulment, divorce, or dissolution of marriage for the purpose | 3904 |
of funding shelters for victims of domestic violence pursuant to | 3905 |
sections 3113.35 to 3113.39 of the Revised Code. The filing fees | 3906 |
required to be collected under this division shall be in addition | 3907 |
to any other filing fees imposed in the action or proceeding and | 3908 |
shall be collected at the time of the filing of the action or | 3909 |
proceeding. The court shall not waive the payment of the | 3910 |
additional filing fees in a new action or proceeding for | 3911 |
annulment, divorce, or dissolution of marriage unless the court | 3912 |
waives the advanced payment of all filing fees in the action or | 3913 |
proceeding. On or before the twentieth day of each month, all | 3914 |
moneys collected during the immediately preceding month pursuant | 3915 |
to this division shall be deposited by the clerk of the court into | 3916 |
the county treasury in the special fund used for deposit of | 3917 |
additional marriage license fees as described in section 3113.34 | 3918 |
of the Revised Code. Upon their deposit into the fund, the moneys | 3919 |
shall be retained in the fund and expended only as described in | 3920 |
section 3113.34 of the Revised Code. | 3921 |
(E)(1) The court of common pleas may determine that, for the | 3922 |
efficient operation of the court, additional funds are necessary | 3923 |
to acquire and pay for special projects of the court, including, | 3924 |
but not limited to, the acquisition of additional facilities or | 3925 |
the rehabilitation of existing facilities, the acquisition of | 3926 |
equipment, the hiring and training of staff, community service | 3927 |
programs, mediation or dispute resolution services, the employment | 3928 |
of magistrates, the training and education of judges, acting | 3929 |
judges, and magistrates, and other related services. Upon that | 3930 |
determination, the court by rule may charge a fee, in addition to | 3931 |
all other court costs, on the filing of each criminal cause, civil | 3932 |
action or proceeding, or judgment by confession. | 3933 |
If the court of common pleas offers a special program or | 3934 |
service in cases of a specific type, the court by rule may assess | 3935 |
an additional charge in a case of that type, over and above court | 3936 |
costs, to cover the special program or service. The court shall | 3937 |
adjust the special assessment periodically, but not retroactively, | 3938 |
so that the amount assessed in those cases does not exceed the | 3939 |
actual cost of providing the service or program. | 3940 |
All moneys collected under division (E) of this section shall | 3941 |
be paid to the county treasurer for deposit into either a general | 3942 |
special projects fund or a fund established for a specific special | 3943 |
project. Moneys from a fund of that nature shall be disbursed upon | 3944 |
an order of the court in an amount no greater than the actual cost | 3945 |
to the court of a project. If a specific fund is terminated | 3946 |
because of the discontinuance of a program or service established | 3947 |
under division (E) of this section, the court may order that | 3948 |
moneys remaining in the fund be transferred to an account | 3949 |
established under this division for a similar purpose. | 3950 |
(2) As used in division (E) of this section: | 3951 |
(a) "Criminal cause" means a charge alleging the violation of | 3952 |
a statute or ordinance, or subsection of a statute or ordinance, | 3953 |
that requires a separate finding of fact or a separate plea before | 3954 |
disposition and of which the defendant may be found guilty, | 3955 |
whether filed as part of a multiple charge on a single summons, | 3956 |
citation, or complaint or as a separate charge on a single | 3957 |
summons, citation, or complaint. "Criminal cause" does not include | 3958 |
separate violations of the same statute or ordinance, or | 3959 |
subsection of the same statute or ordinance, unless each charge is | 3960 |
filed on a separate summons, citation, or complaint. | 3961 |
(b) "Civil action or proceeding" means any civil litigation | 3962 |
that must be determined by judgment entry. | 3963 |
Sec. 2303.202. Not less than thirty days before adopting a | 3964 |
rule under section 2303.20 of the Revised Code, the clerk shall | 3965 |
publish a notice in a newspaper of general circulation in the | 3966 |
county in which the court of common pleas is located setting forth | 3967 |
the proposed rule. | 3968 |
Sec. 2329.07. (A)(1) If neither execution on a judgment | 3969 |
rendered in a court of record or certified to the clerk of the | 3970 |
court of common pleas in the county in which the judgment was | 3971 |
rendered is issued, nor a certificate of judgment for obtaining a | 3972 |
lien upon lands and tenements is issued and filed, as provided in | 3973 |
sections 2329.02 and 2329.04 of the Revised Code, within five | 3974 |
years from the date of the judgment or within five years from the | 3975 |
date of the issuance of the last execution thereon or the issuance | 3976 |
and filing of the last such certificate, whichever is later, then, | 3977 |
unless the judgment is in favor of the state, the judgment shall | 3978 |
be dormant and shall not operate as a lien upon the estate of the | 3979 |
judgment debtor. | 3980 |
(2) If the judgment is in favor of the state or, pursuant to | 3981 |
section 2335.19 of the Revised Code, to any court or clerk of a | 3982 |
court, the judgment shall not become dormant and shall not cease | 3983 |
to operate as a lien against the estate of the judgment debtor | 3984 |
provided that either execution on the judgment is issued or a | 3985 |
certificate of judgment is issued and filed, as provided in | 3986 |
sections 2329.02 and 2329.04 of the Revised Code, within ten years | 3987 |
from the date of the judgment or within fifteen years from the | 3988 |
date of the issuance of the last execution thereon or the issuance | 3989 |
and filing of the last such certificate, whichever is later, | 3990 |
except as otherwise provided in division (C) of this section. The | 3991 |
fifteen-year limitation period applies to executions issued and | 3992 |
certificates of judgments issued and filed before, on, or after | 3993 |
the effective date of the amendment of this section by | 3994 |
H.B. 699 of the 126th general assembly, March 29, 2007. | 3995 |
(B) If, in any county other than that in which a judgment was | 3996 |
rendered, the judgment has become a lien by reason of the filing, | 3997 |
in the office of the clerk of the court of common pleas of that | 3998 |
county, of a certificate of the judgment as provided in sections | 3999 |
2329.02 and 2329.04 of the Revised Code, and if no execution is | 4000 |
issued for the enforcement of the judgment within that county, or | 4001 |
no further certificate of the judgment is filed in that county, | 4002 |
within five years or, if the judgment is in favor of the state, | 4003 |
within fifteen years from the date of issuance of the last | 4004 |
execution for the enforcement of the judgment within that county | 4005 |
or the date of filing of the last certificate in that county, | 4006 |
whichever is the later, then the judgment shall cease to operate | 4007 |
as a lien upon lands and tenements of the judgment debtor within | 4008 |
that county, except as otherwise provided in division (C) of this | 4009 |
section. The fifteen-year limitation period applies to executions | 4010 |
issued and certificates of judgments issued and filed before, on, | 4011 |
or after the effective date of the amendment of this section by | 4012 |
H.B. 699 of the 126th general assembly, March 29, 2007. | 4013 |
(C)(1) As used in division (C) of this section, "interim | 4014 |
period" means the period beginning September 26, 2003, and ending | 4015 |
September 27, 2006. | 4016 |
(2) Division (C) of this section applies only to judgments in | 4017 |
favor of the state that are subject to this section and to which | 4018 |
both of the following apply: | 4019 |
(a) The first issuance of execution on the judgment, or the | 4020 |
first issuance and filing of the certificate of judgment, was | 4021 |
issued or issued and filed within the ten-year period provided in | 4022 |
this section before the beginning of the interim period; | 4023 |
(b) Subsequent issuance of execution on the judgment or | 4024 |
subsequent issuance and filing of the certificate of judgment | 4025 |
would have been required during the interim period in order to | 4026 |
keep the lien from becoming dormant under this section as this | 4027 |
section existed on September 25, 2003, and as if this section as | 4028 |
it existed on that date had been in effect during the interim | 4029 |
period. | 4030 |
(3) Such a judgment shall not become dormant and shall not | 4031 |
cease to operate as a lien against the estate of the judgment | 4032 |
debtor if either execution on the judgment is issued or a | 4033 |
certificate of judgment is issued and filed, as provided in | 4034 |
sections 2329.02 and 2329.04 of the Revised Code, within fifteen | 4035 |
years after the expiration of the ten-year period following | 4036 |
issuance of the last execution on the judgment or following the | 4037 |
issuance and filing of the last such certificate, whichever is | 4038 |
later. | 4039 |
(4) The clerk of the court shall periodically review | 4040 |
judgments to any court or clerk of a court pursuant to division | 4041 |
(A)(2) of this section and pursuant to section 2335.19 of the | 4042 |
Revised Code and may report to the issuing judge or successor that | 4043 |
all or a portion of the judgment amount is uncollectable. Based on | 4044 |
that report, the judge may waive all of the costs or any portion | 4045 |
of the costs previously ordered and modify or terminate the | 4046 |
judgment. | 4047 |
Sec. 2743.191. (A)(1) There is hereby created in the state | 4048 |
treasury the reparations fund, which shall be used only for the | 4049 |
following purposes: | 4050 |
(a) The payment of awards of reparations that are granted by | 4051 |
the attorney general; | 4052 |
(b) The compensation of any personnel needed by the attorney | 4053 |
general to administer sections 2743.51 to 2743.72 of the Revised | 4054 |
Code; | 4055 |
(c) The compensation of witnesses as provided in division (J) | 4056 |
of section 2743.65 of the Revised Code; | 4057 |
(d) Other administrative costs of hearing and determining | 4058 |
claims for an award of reparations by the attorney general; | 4059 |
(e) The costs of administering sections 2907.28 and 2969.01 | 4060 |
to 2969.06 of the Revised Code; | 4061 |
(f) The costs of investigation and decision-making as | 4062 |
certified by the attorney general; | 4063 |
(g) The provision of state financial assistance to victim | 4064 |
assistance programs in accordance with sections 109.91 and 109.92 | 4065 |
of the Revised Code; | 4066 |
(h) The costs of paying the expenses of sex offense-related | 4067 |
examinations and antibiotics pursuant to section 2907.28 of the | 4068 |
Revised Code; | 4069 |
(i) The cost of printing and distributing the pamphlet | 4070 |
prepared by the attorney general pursuant to section 109.42 of the | 4071 |
Revised Code; | 4072 |
(j) Subject to division (D) of section 2743.71 of the Revised | 4073 |
Code, the costs associated with the printing and providing of | 4074 |
information cards or other printed materials to law enforcement | 4075 |
agencies and prosecuting authorities and with publicizing the | 4076 |
availability of awards of reparations pursuant to section 2743.71 | 4077 |
of the Revised Code; | 4078 |
(k) The payment of costs of administering a DNA specimen | 4079 |
collection procedure pursuant to sections 2152.74 and 2901.07 of | 4080 |
the Revised Code, of performing DNA analysis of those DNA | 4081 |
specimens, and of entering the resulting DNA records regarding | 4082 |
those analyses into the DNA database pursuant to section 109.573 | 4083 |
of the Revised Code; | 4084 |
(l) The payment of actual costs associated with initiatives | 4085 |
by the attorney general for the apprehension, prosecution, and | 4086 |
accountability of offenders, and the enhancing of services to | 4087 |
crime victims. The amount of payments made pursuant to division | 4088 |
(A)(1)(l) of this section during any given fiscal year shall not | 4089 |
exceed five per cent of the balance of the reparations fund at the | 4090 |
close of the immediately previous fiscal year; | 4091 |
(m) The costs of administering the adult parole authority's | 4092 |
supervision pursuant to division (E) of section 2971.05 of the | 4093 |
Revised Code of sexually violent predators who are sentenced to a | 4094 |
prison term pursuant to division (A)(3) of section 2971.03 of the | 4095 |
Revised Code and of offenders who are sentenced to a prison term | 4096 |
pursuant to division (B)(1)(a), (b), or (c), (B)(2)(a), (b), or | 4097 |
(c), or (B)(3)(a), (b), (c), or (d) of that section; | 4098 |
(n) | 4099 |
costs of the installation and monitoring of an electronic | 4100 |
monitoring device used in the monitoring of a respondent pursuant | 4101 |
to an electronic monitoring order issued by a court under division | 4102 |
(E)(1)(b) of section 2151.34 or division (E)(1)(b) of section | 4103 |
2903.214 of the Revised Code if the court determines that the | 4104 |
respondent is indigent or used in the monitoring of an offender | 4105 |
pursuant to an electronic monitoring order issued under division | 4106 |
(B)(5) of section 2919.27 of the Revised Code if the court | 4107 |
determines that the offender is indigent. | 4108 |
(2) All costs paid pursuant to section 2743.70 of the Revised | 4109 |
Code, the portions of license reinstatement fees mandated by | 4110 |
division (F)(2)(b) of section 4511.191 of the Revised Code to be | 4111 |
credited to the fund, the portions of the proceeds of the sale of | 4112 |
a forfeited vehicle specified in division (C)(2) of section | 4113 |
4503.234 of the Revised Code, payments collected by the department | 4114 |
of rehabilitation and correction from prisoners who voluntarily | 4115 |
participate in an approved work and training program pursuant to | 4116 |
division (C)(8)(b)(ii) of section 5145.16 of the Revised Code, and | 4117 |
all moneys collected by the state pursuant to its right of | 4118 |
subrogation provided in section 2743.72 of the Revised Code shall | 4119 |
be deposited in the fund. | 4120 |
(B) In making an award of reparations, the attorney general | 4121 |
shall render the award against the state. The award shall be | 4122 |
accomplished only through the following procedure, and the | 4123 |
following procedure may be enforced by writ of mandamus directed | 4124 |
to the appropriate official: | 4125 |
(1) The attorney general shall provide for payment of the | 4126 |
claimant or providers in the amount of the award only if the | 4127 |
amount of the award is fifty dollars or more. | 4128 |
(2) The expense shall be charged against all available | 4129 |
unencumbered moneys in the fund. | 4130 |
(3) If sufficient unencumbered moneys do not exist in the | 4131 |
fund, the attorney general shall make application for payment of | 4132 |
the award out of the emergency purposes account or any other | 4133 |
appropriation for emergencies or contingencies, and payment out of | 4134 |
this account or other appropriation shall be authorized if there | 4135 |
are sufficient moneys greater than the sum total of then pending | 4136 |
emergency purposes account requests or requests for releases from | 4137 |
the other appropriations. | 4138 |
(4) If sufficient moneys do not exist in the account or any | 4139 |
other appropriation for emergencies or contingencies to pay the | 4140 |
award, the attorney general shall request the general assembly to | 4141 |
make an appropriation sufficient to pay the award, and no payment | 4142 |
shall be made until the appropriation has been made. The attorney | 4143 |
general shall make this appropriation request during the current | 4144 |
biennium and during each succeeding biennium until a sufficient | 4145 |
appropriation is made. If, prior to the time that an appropriation | 4146 |
is made by the general assembly pursuant to this division, the | 4147 |
fund has sufficient unencumbered funds to pay the award or part of | 4148 |
the award, the available funds shall be used to pay the award or | 4149 |
part of the award, and the appropriation request shall be amended | 4150 |
to request only sufficient funds to pay that part of the award | 4151 |
that is unpaid. | 4152 |
(C) The attorney general shall not make payment on a decision | 4153 |
or order granting an award until all appeals have been determined | 4154 |
and all rights to appeal exhausted, except as otherwise provided | 4155 |
in this section. If any party to a claim for an award of | 4156 |
reparations appeals from only a portion of an award, and a | 4157 |
remaining portion provides for the payment of money by the state, | 4158 |
that part of the award calling for the payment of money by the | 4159 |
state and not a subject of the appeal shall be processed for | 4160 |
payment as described in this section. | 4161 |
(D) The attorney general shall prepare itemized bills for the | 4162 |
costs of printing and distributing the pamphlet the attorney | 4163 |
general prepares pursuant to section 109.42 of the Revised Code. | 4164 |
The itemized bills shall set forth the name and address of the | 4165 |
persons owed the amounts set forth in them. | 4166 |
(E) As used in this section, "DNA analysis" and "DNA | 4167 |
specimen" have the same meanings as in section 109.573 of the | 4168 |
Revised Code. | 4169 |
Sec. 2903.214. (A) As used in this section: | 4170 |
(1) "Court" means the court of common pleas of the county in | 4171 |
which the person to be protected by the protection order resides. | 4172 |
(2) "Victim advocate" means a person who provides support and | 4173 |
assistance for a person who files a petition under this section. | 4174 |
(3) "Family or household member" has the same meaning as in | 4175 |
section 3113.31 of the Revised Code. | 4176 |
(4) "Protection order issued by a court of another state" has | 4177 |
the same meaning as in section 2919.27 of the Revised Code. | 4178 |
(5) "Sexually oriented offense" has the same meaning as in | 4179 |
section 2950.01 of the Revised Code. | 4180 |
(6) "Electronic monitoring" has the same meaning as in | 4181 |
section 2929.01 of the Revised Code. | 4182 |
(B) The court has jurisdiction over all proceedings under | 4183 |
this section. | 4184 |
(C) A person may seek relief under this section for the | 4185 |
person, or any parent or adult household member may seek relief | 4186 |
under this section on behalf of any other family or household | 4187 |
member, by filing a petition with the court. The petition shall | 4188 |
contain or state all of the following: | 4189 |
(1) An allegation that the respondent is eighteen years of | 4190 |
age or older and engaged in a violation of section 2903.211 of the | 4191 |
Revised Code against the person to be protected by the protection | 4192 |
order or committed a sexually oriented offense against the person | 4193 |
to be protected by the protection order, including a description | 4194 |
of the nature and extent of the violation; | 4195 |
(2) If the petitioner seeks relief in the form of electronic | 4196 |
monitoring of the respondent, an allegation that at any time | 4197 |
preceding the filing of the petition the respondent engaged in | 4198 |
conduct that would cause a reasonable person to believe that the | 4199 |
health, welfare, or safety of the person to be protected was at | 4200 |
risk, a description of the nature and extent of that conduct, and | 4201 |
an allegation that the respondent presents a continuing danger to | 4202 |
the person to be protected; | 4203 |
(3) A request for relief under this section. | 4204 |
(D)(1) If a person who files a petition pursuant to this | 4205 |
section requests an ex parte order, the court shall hold an ex | 4206 |
parte hearing as soon as possible after the petition is filed, but | 4207 |
not later than the next day that the court is in session after the | 4208 |
petition is filed. The court, for good cause shown at the ex parte | 4209 |
hearing, may enter any temporary orders, with or without bond, | 4210 |
that the court finds necessary for the safety and protection of | 4211 |
the person to be protected by the order. Immediate and present | 4212 |
danger to the person to be protected by the protection order | 4213 |
constitutes good cause for purposes of this section. Immediate and | 4214 |
present danger includes, but is not limited to, situations in | 4215 |
which the respondent has threatened the person to be protected by | 4216 |
the protection order with bodily harm or in which the respondent | 4217 |
previously has been convicted of or pleaded guilty to a violation | 4218 |
of section 2903.211 of the Revised Code or a sexually oriented | 4219 |
offense against the person to be protected by the protection | 4220 |
order. | 4221 |
(2)(a) If the court, after an ex parte hearing, issues a | 4222 |
protection order described in division (E) of this section, the | 4223 |
court shall schedule a full hearing for a date that is within ten | 4224 |
court days after the ex parte hearing. The court shall give the | 4225 |
respondent notice of, and an opportunity to be heard at, the full | 4226 |
hearing. The court shall hold the full hearing on the date | 4227 |
scheduled under this division unless the court grants a | 4228 |
continuance of the hearing in accordance with this division. Under | 4229 |
any of the following circumstances or for any of the following | 4230 |
reasons, the court may grant a continuance of the full hearing to | 4231 |
a reasonable time determined by the court: | 4232 |
(i) Prior to the date scheduled for the full hearing under | 4233 |
this division, the respondent has not been served with the | 4234 |
petition filed pursuant to this section and notice of the full | 4235 |
hearing. | 4236 |
(ii) The parties consent to the continuance. | 4237 |
(iii) The continuance is needed to allow a party to obtain | 4238 |
counsel. | 4239 |
(iv) The continuance is needed for other good cause. | 4240 |
(b) An ex parte order issued under this section does not | 4241 |
expire because of a failure to serve notice of the full hearing | 4242 |
upon the respondent before the date set for the full hearing under | 4243 |
division (D)(2)(a) of this section or because the court grants a | 4244 |
continuance under that division. | 4245 |
(3) If a person who files a petition pursuant to this section | 4246 |
does not request an ex parte order, or if a person requests an ex | 4247 |
parte order but the court does not issue an ex parte order after | 4248 |
an ex parte hearing, the court shall proceed as in a normal civil | 4249 |
action and grant a full hearing on the matter. | 4250 |
(E)(1)(a) After an ex parte or full hearing, the court may | 4251 |
issue any protection order, with or without bond, that contains | 4252 |
terms designed to ensure the safety and protection of the person | 4253 |
to be protected by the protection order, including, but not | 4254 |
limited to, a requirement that the respondent refrain from | 4255 |
entering the residence, school, business, or place of employment | 4256 |
of the petitioner or family or household member. If the court | 4257 |
includes a requirement that the respondent refrain from entering | 4258 |
the residence, school, business, or place of employment of the | 4259 |
petitioner or family or household member in the order, it also | 4260 |
shall include in the order provisions of the type described in | 4261 |
division (E)(5) of this section. | 4262 |
(b) After a full hearing, if the court considering a petition | 4263 |
that includes an allegation of the type described in division | 4264 |
(C)(2) of this section, or the court upon its own motion, finds | 4265 |
upon clear and convincing evidence that the petitioner reasonably | 4266 |
believed that the respondent's conduct at any time preceding the | 4267 |
filing of the petition endangered the health, welfare, or safety | 4268 |
of the person to be protected and that the respondent presents a | 4269 |
continuing danger to the person to be protected, the court may | 4270 |
order that the respondent be electronically monitored for a period | 4271 |
of time and under the terms and conditions that the court | 4272 |
determines are appropriate. Electronic monitoring shall be in | 4273 |
addition to any other relief granted to the petitioner. | 4274 |
(2)(a) Any protection order issued pursuant to this section | 4275 |
shall be valid until a date certain but not later than five years | 4276 |
from the date of its issuance. | 4277 |
(b) Any protection order issued pursuant to this section may | 4278 |
be renewed in the same manner as the original order was issued. | 4279 |
(3) A court may not issue a protection order that requires a | 4280 |
petitioner to do or to refrain from doing an act that the court | 4281 |
may require a respondent to do or to refrain from doing under | 4282 |
division (E)(1) of this section unless all of the following apply: | 4283 |
(a) The respondent files a separate petition for a protection | 4284 |
order in accordance with this section. | 4285 |
(b) The petitioner is served with notice of the respondent's | 4286 |
petition at least forty-eight hours before the court holds a | 4287 |
hearing with respect to the respondent's petition, or the | 4288 |
petitioner waives the right to receive this notice. | 4289 |
(c) If the petitioner has requested an ex parte order | 4290 |
pursuant to division (D) of this section, the court does not delay | 4291 |
any hearing required by that division beyond the time specified in | 4292 |
that division in order to consolidate the hearing with a hearing | 4293 |
on the petition filed by the respondent. | 4294 |
(d) After a full hearing at which the respondent presents | 4295 |
evidence in support of the request for a protection order and the | 4296 |
petitioner is afforded an opportunity to defend against that | 4297 |
evidence, the court determines that the petitioner has committed a | 4298 |
violation of section 2903.211 of the Revised Code against the | 4299 |
person to be protected by the protection order issued pursuant to | 4300 |
division (E)(3) of this section, has committed a sexually oriented | 4301 |
offense against the person to be protected by the protection order | 4302 |
issued pursuant to division (E)(3) of this section, or has | 4303 |
violated a protection order issued pursuant to section 2903.213 of | 4304 |
the Revised Code relative to the person to be protected by the | 4305 |
protection order issued pursuant to division (E)(3) of this | 4306 |
section. | 4307 |
(4) No protection order issued pursuant to this section shall | 4308 |
in any manner affect title to any real property. | 4309 |
(5)(a) If the court issues a protection order under this | 4310 |
section that includes a requirement that the alleged offender | 4311 |
refrain from entering the residence, school, business, or place of | 4312 |
employment of the petitioner or a family or household member, the | 4313 |
order shall clearly state that the order cannot be waived or | 4314 |
nullified by an invitation to the alleged offender from the | 4315 |
complainant to enter the residence, school, business, or place of | 4316 |
employment or by the alleged offender's entry into one of those | 4317 |
places otherwise upon the consent of the petitioner or family or | 4318 |
household member. | 4319 |
(b) Division (E)(5)(a) of this section does not limit any | 4320 |
discretion of a court to determine that an alleged offender | 4321 |
charged with a violation of section 2919.27 of the Revised Code, | 4322 |
with a violation of a municipal ordinance substantially equivalent | 4323 |
to that section, or with contempt of court, which charge is based | 4324 |
on an alleged violation of a protection order issued under this | 4325 |
section, did not commit the violation or was not in contempt of | 4326 |
court. | 4327 |
(F)(1) The court shall cause the delivery of a copy of any | 4328 |
protection order that is issued under this section to the | 4329 |
petitioner, to the respondent, and to all law enforcement agencies | 4330 |
that have jurisdiction to enforce the order. The court shall | 4331 |
direct that a copy of the order be delivered to the respondent on | 4332 |
the same day that the order is entered. | 4333 |
(2) Upon the issuance of a protection order under this | 4334 |
section, the court shall provide the parties to the order with the | 4335 |
following notice orally or by form: | 4336 |
4337 | |
As a result of this order, it may be unlawful for you to | 4338 |
possess or purchase a firearm, including a rifle, pistol, or | 4339 |
revolver, or ammunition pursuant to federal law under 18 U.S.C. | 4340 |
922(g)(8). If you have any questions whether this law makes it | 4341 |
illegal for you to possess or purchase a firearm or ammunition, | 4342 |
you should consult an attorney." | 4343 |
(3) All law enforcement agencies shall establish and maintain | 4344 |
an index for the protection orders delivered to the agencies | 4345 |
pursuant to division (F)(1) of this section. With respect to each | 4346 |
order delivered, each agency shall note on the index the date and | 4347 |
time that it received the order. | 4348 |
(4) Regardless of whether the petitioner has registered the | 4349 |
protection order in the county in which the officer's agency has | 4350 |
jurisdiction pursuant to division (M) of this section, any officer | 4351 |
of a law enforcement agency shall enforce a protection order | 4352 |
issued pursuant to this section by any court in this state in | 4353 |
accordance with the provisions of the order, including removing | 4354 |
the respondent from the premises, if appropriate. | 4355 |
(G) Any proceeding under this section shall be conducted in | 4356 |
accordance with the Rules of Civil Procedure, except that a | 4357 |
protection order may be obtained under this section with or | 4358 |
without bond. An order issued under this section, other than an ex | 4359 |
parte order, that grants a protection order, or that refuses to | 4360 |
grant a protection order, is a final, appealable order. The | 4361 |
remedies and procedures provided in this section are in addition | 4362 |
to, and not in lieu of, any other available civil or criminal | 4363 |
remedies. | 4364 |
(H) The filing of proceedings under this section does not | 4365 |
excuse a person from filing any report or giving any notice | 4366 |
required by section 2151.421 of the Revised Code or by any other | 4367 |
law. | 4368 |
(I) Any law enforcement agency that investigates an alleged | 4369 |
violation of section 2903.211 of the Revised Code or an alleged | 4370 |
commission of a sexually oriented offense shall provide | 4371 |
information to the victim and the family or household members of | 4372 |
the victim regarding the relief available under this section and | 4373 |
section 2903.213 of the Revised Code. | 4374 |
(J) Notwithstanding any provision of law to the contrary and | 4375 |
regardless of whether a protection order is issued or a consent | 4376 |
agreement is approved by a court of another county or by a court | 4377 |
of another state, no court or unit of state or local government | 4378 |
shall charge any fee, cost, deposit, or money in connection with | 4379 |
the filing of a petition pursuant to this section, in connection | 4380 |
with the filing, issuance, registration, or service of a | 4381 |
protection order or consent agreement, or for obtaining a | 4382 |
certified copy of a protection order or consent agreement. | 4383 |
(K)(1) A person who violates a protection order issued under | 4384 |
this section is subject to the following sanctions: | 4385 |
(a) Criminal prosecution for a violation of section 2919.27 | 4386 |
of the Revised Code, if the violation of the protection order | 4387 |
constitutes a violation of that section; | 4388 |
(b) Punishment for contempt of court. | 4389 |
(2) The punishment of a person for contempt of court for | 4390 |
violation of a protection order issued under this section does not | 4391 |
bar criminal prosecution of the person for a violation of section | 4392 |
2919.27 of the Revised Code. However, a person punished for | 4393 |
contempt of court is entitled to credit for the punishment imposed | 4394 |
upon conviction of a violation of that section, and a person | 4395 |
convicted of a violation of that section shall not subsequently be | 4396 |
punished for contempt of court arising out of the same activity. | 4397 |
(L) In all stages of a proceeding under this section, a | 4398 |
petitioner may be accompanied by a victim advocate. | 4399 |
(M)(1) A petitioner who obtains a protection order under this | 4400 |
section or a protection order under section 2903.213 of the | 4401 |
Revised Code may provide notice of the issuance or approval of the | 4402 |
order to the judicial and law enforcement officials in any county | 4403 |
other than the county in which the order is issued by registering | 4404 |
that order in the other county pursuant to division (M)(2) of this | 4405 |
section and filing a copy of the registered order with a law | 4406 |
enforcement agency in the other county in accordance with that | 4407 |
division. A person who obtains a protection order issued by a | 4408 |
court of another state may provide notice of the issuance of the | 4409 |
order to the judicial and law enforcement officials in any county | 4410 |
of this state by registering the order in that county pursuant to | 4411 |
section 2919.272 of the Revised Code and filing a copy of the | 4412 |
registered order with a law enforcement agency in that county. | 4413 |
(2) A petitioner may register a protection order issued | 4414 |
pursuant to this section or section 2903.213 of the Revised Code | 4415 |
in a county other than the county in which the court that issued | 4416 |
the order is located in the following manner: | 4417 |
(a) The petitioner shall obtain a certified copy of the order | 4418 |
from the clerk of the court that issued the order and present that | 4419 |
certified copy to the clerk of the court of common pleas or the | 4420 |
clerk of a municipal court or county court in the county in which | 4421 |
the order is to be registered. | 4422 |
(b) Upon accepting the certified copy of the order for | 4423 |
registration, the clerk of the court of common pleas, municipal | 4424 |
court, or county court shall place an endorsement of registration | 4425 |
on the order and give the petitioner a copy of the order that | 4426 |
bears that proof of registration. | 4427 |
(3) The clerk of each court of common pleas, municipal court, | 4428 |
or county court shall maintain a registry of certified copies of | 4429 |
protection orders that have been issued by courts in other | 4430 |
counties pursuant to this section or section 2903.213 of the | 4431 |
Revised Code and that have been registered with the clerk. | 4432 |
(N)(1) If the court orders electronic monitoring of the | 4433 |
respondent under this section, the court shall direct the | 4434 |
sheriff's office or any other appropriate law enforcement agency | 4435 |
to install the electronic monitoring device and to monitor the | 4436 |
respondent. Unless the court determines that the respondent is | 4437 |
indigent, the court shall order the respondent to pay the cost of | 4438 |
the installation and monitoring of the electronic monitoring | 4439 |
device. If the court determines that the respondent is indigent | 4440 |
and subject to the maximum amount allowable to be paid in any year | 4441 |
from the fund and the rules promulgated by the attorney general | 4442 |
under division (N)(2) of this section, the cost of the | 4443 |
installation and monitoring of the electronic monitoring device | 4444 |
may be paid out of funds from the reparations fund created | 4445 |
pursuant to section 2743.191 of the Revised Code. The total amount | 4446 |
of costs for the installation and monitoring of electronic | 4447 |
monitoring devices paid pursuant to this division and sections | 4448 |
2151.34 and 2919.27 of the Revised Code from the reparations fund | 4449 |
shall not exceed three hundred thousand dollars per year. | 4450 |
(2) The attorney general may promulgate rules pursuant to | 4451 |
section 111.15 of the Revised Code to govern payments made from | 4452 |
the reparations fund pursuant to this division and sections | 4453 |
2151.34 and 2919.27 of the Revised Code. The rules may include | 4454 |
reasonable limits on the total cost paid pursuant to this division | 4455 |
and sections 2151.34 and 2919.27 of the Revised Code per | 4456 |
respondent, the amount of the three hundred thousand dollars | 4457 |
allocated to each county, and how invoices may be submitted by a | 4458 |
county, court, or other entity. | 4459 |
Sec. 2913.04. (A) No person shall knowingly use or operate | 4460 |
the property of another without the consent of the owner or person | 4461 |
authorized to give consent. | 4462 |
(B) No person, in any manner and by any means, including, but | 4463 |
not limited to, computer hacking, shall knowingly gain access to, | 4464 |
attempt to gain access to, or cause access to be gained to any | 4465 |
computer, computer system, computer network, cable service, cable | 4466 |
system, telecommunications device, telecommunications service, or | 4467 |
information service without the consent of, or beyond the scope of | 4468 |
the express or implied consent of, the owner of the computer, | 4469 |
computer system, computer network, cable service, cable system, | 4470 |
telecommunications device, telecommunications service, or | 4471 |
information service or other person authorized to give consent. | 4472 |
(C) No person shall knowingly gain access to, attempt to gain | 4473 |
access to, cause access to be granted to, or disseminate | 4474 |
information gained from access to the law enforcement automated | 4475 |
database system created pursuant to section 5503.10 of the Revised | 4476 |
Code without the consent of, or beyond the scope of the express or | 4477 |
implied consent of, the chair of the law enforcement automated | 4478 |
data system steering committee. | 4479 |
(D) No person shall knowingly gain access to, attempt to gain | 4480 |
access to, cause access to be granted to, or disseminate | 4481 |
information gained from access to the Ohio law enforcement gateway | 4482 |
established and operated pursuant to division (C)(1) of section | 4483 |
109.57 of the Revised Code without the consent of, or beyond the | 4484 |
scope of the express or implied consent of, the superintendent of | 4485 |
the bureau of criminal identification and investigation. | 4486 |
(E) The affirmative defenses contained in division (C) of | 4487 |
section 2913.03 of the Revised Code are affirmative defenses to a | 4488 |
charge under this section. | 4489 |
| 4490 |
guilty of unauthorized use of property. | 4491 |
(2) Except as otherwise provided in division | 4492 |
of this section, unauthorized use of property is a misdemeanor of | 4493 |
the fourth degree. | 4494 |
(3) Except as otherwise provided in division
| 4495 |
this section, if unauthorized use of property is committed for the | 4496 |
purpose of devising or executing a scheme to defraud or to obtain | 4497 |
property or services, unauthorized use of property is whichever of | 4498 |
the following is applicable: | 4499 |
(a) Except as otherwise provided in division
| 4500 |
(c), or (d) of this section, a misdemeanor of the first degree. | 4501 |
(b) If the value of the property or services or the loss to | 4502 |
the victim is five hundred dollars or more and is less than five | 4503 |
thousand dollars, a felony of the fifth degree. | 4504 |
(c) If the value of the property or services or the loss to | 4505 |
the victim is five thousand dollars or more and is less than one | 4506 |
hundred thousand dollars, a felony of the fourth degree. | 4507 |
(d) If the value of the property or services or the loss to | 4508 |
the victim is one hundred thousand dollars or more, a felony of | 4509 |
the third degree. | 4510 |
(4) If the victim of the offense is an elderly person or | 4511 |
disabled adult, unauthorized use of property is whichever of the | 4512 |
following is applicable: | 4513 |
(a) Except as otherwise provided in division
| 4514 |
(c), or (d) of this section, a felony of the fifth degree; | 4515 |
(b) If the value of the property or services or loss to the | 4516 |
victim is five hundred dollars or more and is less than five | 4517 |
thousand dollars, a felony of the fourth degree; | 4518 |
(c) If the value of the property or services or loss to the | 4519 |
victim is five thousand dollars or more and is less than | 4520 |
twenty-five thousand dollars, a felony of the third degree; | 4521 |
(d) If the value of the property or services or loss to the | 4522 |
victim is twenty-five thousand dollars or more, a felony of the | 4523 |
second degree. | 4524 |
| 4525 |
guilty of unauthorized use of computer, cable, or | 4526 |
telecommunication property, and shall be punished as provided in | 4527 |
division | 4528 |
(2) Except as otherwise provided in division | 4529 |
of this section, unauthorized use of computer, cable, or | 4530 |
telecommunication property is a felony of the fifth degree. | 4531 |
(3) Except as otherwise provided in division | 4532 |
this section, if unauthorized use of computer, cable, or | 4533 |
telecommunication property is committed for the purpose of | 4534 |
devising or executing a scheme to defraud or to obtain property or | 4535 |
services, for obtaining money, property, or services by false or | 4536 |
fraudulent pretenses, or for committing any other criminal | 4537 |
offense, unauthorized use of computer, cable, or telecommunication | 4538 |
property is whichever of the following is applicable: | 4539 |
(a) Except as otherwise provided in division | 4540 |
this section, if the value of the property or services involved or | 4541 |
the loss to the victim is five thousand dollars or more and less | 4542 |
than one hundred thousand dollars, a felony of the fourth degree; | 4543 |
(b) If the value of the property or services involved or the | 4544 |
loss to the victim is one hundred thousand dollars or more, a | 4545 |
felony of the third degree. | 4546 |
(4) If the victim of the offense is an elderly person or | 4547 |
disabled adult, unauthorized use of computer, cable, or | 4548 |
telecommunication property is whichever of the following is | 4549 |
applicable: | 4550 |
(a) Except as otherwise provided in division | 4551 |
(c), or (d) of this section, a felony of the fifth degree; | 4552 |
(b) If the value of the property or services or loss to the | 4553 |
victim is five hundred dollars or more and is less than five | 4554 |
thousand dollars, a felony of the fourth degree; | 4555 |
(c) If the value of the property or services or loss to the | 4556 |
victim is five thousand dollars or more and is less than | 4557 |
twenty-five thousand dollars, a felony of the third degree; | 4558 |
(d) If the value of the property or services or loss to the | 4559 |
victim is twenty-five thousand dollars or more, a felony of the | 4560 |
second degree. | 4561 |
| 4562 |
guilty of unauthorized use of the law enforcement automated | 4563 |
database system, a felony of the fifth degree. | 4564 |
| 4565 |
guilty of unauthorized use of the Ohio law enforcement gateway, a | 4566 |
felony of the fifth degree. | 4567 |
(J) As used in this section: | 4568 |
(1) "Cable operator" means any person or group of persons | 4569 |
that does either of the following: | 4570 |
(a) Provides cable service over a cable system and directly | 4571 |
or through one or more affiliates owns a significant interest in | 4572 |
that cable system; | 4573 |
(b) Otherwise controls or is responsible for, through any | 4574 |
arrangement, the management and operation of a cable system. | 4575 |
(2) "Cable service" means any of the following: | 4576 |
(a) The one-way transmission to subscribers of video | 4577 |
programming or of information that a cable operator makes | 4578 |
available to all subscribers generally; | 4579 |
(b) Subscriber interaction, if any, that is required for the | 4580 |
selection or use of video programming or of information that a | 4581 |
cable operator makes available to all subscribers generally, both | 4582 |
as described in division | 4583 |
(c) Any cable television service. | 4584 |
(3) "Cable system" means any facility, consisting of a set of | 4585 |
closed transmission paths and associated signal generation, | 4586 |
reception, and control equipment that is designed to provide cable | 4587 |
service that includes video programming and that is provided to | 4588 |
multiple subscribers within a community. "Cable system" does not | 4589 |
include any of the following: | 4590 |
(a) Any facility that serves only to retransmit the | 4591 |
television signals of one or more television broadcast stations; | 4592 |
(b) Any facility that serves subscribers without using any | 4593 |
public right-of-way; | 4594 |
(c) Any facility of a common carrier that, under 47 U.S.C.A. | 4595 |
522(7)(c), is excluded from the term "cable system" as defined in | 4596 |
47 U.S.C.A. 522(7); | 4597 |
(d) Any open video system that complies with 47 U.S.C.A. 573; | 4598 |
(e) Any facility of any electric utility used solely for | 4599 |
operating its electric utility system. | 4600 |
Sec. 2919.25. (A) No person shall knowingly cause or attempt | 4601 |
to cause physical harm to a family or household member. | 4602 |
(B) No person shall recklessly cause serious physical harm to | 4603 |
a family or household member. | 4604 |
(C) No person, by threat of force, shall knowingly cause a | 4605 |
family or household member to believe that the offender will cause | 4606 |
imminent physical harm to the family or household member. | 4607 |
(D)(1) Whoever violates this section is guilty of domestic | 4608 |
violence, and the court shall sentence the offender as provided in | 4609 |
divisions (D)(2) to (6) of this section. | 4610 |
(2) Except as otherwise provided in division (D)(3) to (5) | 4611 |
of this section, a violation of division (C) of this section is a | 4612 |
misdemeanor of the fourth degree, and a violation of division (A) | 4613 |
or (B) of this section is a misdemeanor of the first degree. | 4614 |
(3) Except as otherwise provided in division (D)(4) of this | 4615 |
section, if the offender previously has pleaded guilty to or been | 4616 |
convicted of domestic violence, a violation of an existing or | 4617 |
former municipal ordinance or law of this or any other state or | 4618 |
the United States that is substantially similar to domestic | 4619 |
violence, a violation of section 2903.14, 2909.06, 2909.07, | 4620 |
2911.12, 2911.211, or 2919.22 of the Revised Code if the victim of | 4621 |
the violation was a family or household member at the time of the | 4622 |
violation, a violation of an existing or former municipal | 4623 |
ordinance or law of this or any other state or the United States | 4624 |
that is substantially similar to any of those sections if the | 4625 |
victim of the violation was a family or household member at the | 4626 |
time of the commission of the violation, or any offense of | 4627 |
violence if the victim of the offense was a family or household | 4628 |
member at the time of the commission of the offense, a violation | 4629 |
of division (A) or (B) of this section is a felony of the fourth | 4630 |
degree, and, if the offender knew that the victim of the violation | 4631 |
was pregnant at the time of the violation, the court shall impose | 4632 |
a mandatory prison term on the offender pursuant to division | 4633 |
(A)(6) of this section, and a violation of division (C) of this | 4634 |
section is a misdemeanor of the second degree. | 4635 |
(4) If the offender previously has pleaded guilty to or been | 4636 |
convicted of two or more offenses of domestic violence or two or | 4637 |
more violations or offenses of the type described in division | 4638 |
(D)(3) of this section involving a person who was a family or | 4639 |
household member at the time of the violations or offenses, a | 4640 |
violation of division (A) or (B) of this section is a felony of | 4641 |
the third degree, and, if the offender knew that the victim of the | 4642 |
violation was pregnant at the time of the violation, the court | 4643 |
shall impose a mandatory prison term on the offender pursuant to | 4644 |
division (A)(6) of this section, and a violation of division (C) | 4645 |
of this section is a misdemeanor of the first degree. | 4646 |
(5) Except as otherwise provided in division (D)(3) or (4) of | 4647 |
this section, if the offender knew that the victim of the | 4648 |
violation was pregnant at the time of the violation, a violation | 4649 |
of division (A) or (B) of this section is a felony of the fifth | 4650 |
degree, and the court shall impose a mandatory prison term on the | 4651 |
offender pursuant to division (A)(6) of this section, and a | 4652 |
violation of division (C) of this section is a misdemeanor of the | 4653 |
third degree. | 4654 |
(6) If division (A)(3), (4), or (5) of this section requires | 4655 |
the court that sentences an offender for a violation of division | 4656 |
(A) or (B) of this section to impose a mandatory prison term on | 4657 |
the offender pursuant to this division, the court shall impose the | 4658 |
mandatory prison term as follows: | 4659 |
(a) If the violation of division (A) or (B) of this section | 4660 |
is a felony of the fourth or fifth degree, except as otherwise | 4661 |
provided in division (A)(6)(b) or (c) of this section, the court | 4662 |
shall impose a mandatory prison term on the offender of at least | 4663 |
six months. | 4664 |
(b) If the violation of division (A) or (B) of this section | 4665 |
is a felony of the fifth degree and the offender, in committing | 4666 |
the violation, caused serious physical harm to the pregnant | 4667 |
woman's unborn or caused the termination of the pregnant woman's | 4668 |
pregnancy, the court shall impose a mandatory prison term on the | 4669 |
offender of twelve months. | 4670 |
(c) If the violation of division (A) or (B) of this section | 4671 |
is a felony of the fourth degree and the offender, in committing | 4672 |
the violation, caused serious physical harm to the pregnant | 4673 |
woman's unborn or caused the termination of the pregnant woman's | 4674 |
pregnancy, the court shall impose a mandatory prison term on the | 4675 |
offender of at least twelve months. | 4676 |
(d) If the violation of division (A) or (B) of this section | 4677 |
is a felony of the third degree, except as otherwise provided in | 4678 |
division (A)(6)(e) of this section and notwithstanding the range | 4679 |
of prison terms prescribed in section 2929.14 of the Revised Code | 4680 |
for a felony of the third degree, the court shall impose a | 4681 |
mandatory prison term on the offender of either a definite term of | 4682 |
six months or one of the prison terms prescribed in section | 4683 |
2929.14 of the Revised Code for felonies of the third degree. | 4684 |
(e) If the violation of division (A) or (B) of this section | 4685 |
is a felony of the third degree and the offender, in committing | 4686 |
the violation, caused serious physical harm to the pregnant | 4687 |
woman's unborn or caused the termination of the pregnant woman's | 4688 |
pregnancy, notwithstanding the range of prison terms prescribed | 4689 |
in section 2929.14 of the Revised Code for a felony of the third | 4690 |
degree, the court shall impose a mandatory prison term on the | 4691 |
offender of either a definite term of one year or one of the | 4692 |
prison terms prescribed in section 2929.14 of the Revised Code | 4693 |
for felonies of the third degree. | 4694 |
(E) Notwithstanding any provision of law to the contrary, no | 4695 |
court or unit of state or local government shall charge any fee, | 4696 |
cost, deposit, or money in connection with the filing of charges | 4697 |
against a person alleging that the person violated this section or | 4698 |
a municipal ordinance substantially similar to this section or in | 4699 |
connection with the prosecution of any charges so filed. | 4700 |
(F) As used in this section and sections 2919.251 and 2919.26 | 4701 |
of the Revised Code: | 4702 |
(1) "Family or household member" means any of the following: | 4703 |
(a) Any of the following who is residing or has resided with | 4704 |
the offender: | 4705 |
(i) A spouse, a person living as a spouse, or a former spouse | 4706 |
of the offender; | 4707 |
(ii) A parent, a foster parent, or a child of the offender, | 4708 |
or another person related by consanguinity or affinity to the | 4709 |
offender; | 4710 |
(iii) A parent or a child of a spouse, person living as a | 4711 |
spouse, or former spouse of the offender, or another person | 4712 |
related by consanguinity or affinity to a spouse, person living as | 4713 |
a spouse, or former spouse of the offender. | 4714 |
(b) The natural parent of any child of whom the offender is | 4715 |
the other natural parent or is the putative other natural parent. | 4716 |
(2) "Person living as a spouse" means a person who is living | 4717 |
or has lived with the offender in a common law marital | 4718 |
relationship, who otherwise is cohabiting with the offender, or | 4719 |
who otherwise has cohabited with the offender within five years | 4720 |
prior to the date of the alleged commission of the act in | 4721 |
question. | 4722 |
(3) "Pregnant woman's unborn" has the same meaning as "such | 4723 |
other person's unborn," as set forth in section 2903.09 of the | 4724 |
Revised Code, as it relates to the pregnant woman. Division (C) of | 4725 |
that section applies regarding the use of the term in this | 4726 |
section, except that the second and third sentences of division | 4727 |
(C)(1) of that section shall be construed for purposes of this | 4728 |
section as if they included a reference to this section in the | 4729 |
listing of Revised Code sections they contain. | 4730 |
(4) "Termination of the pregnant woman's pregnancy" has the | 4731 |
same meaning as "unlawful termination of another's pregnancy," as | 4732 |
set forth in section 2903.09 of the Revised Code, as it relates | 4733 |
to the pregnant woman. Division (C) of that section applies | 4734 |
regarding the use of the term in this section, except that the | 4735 |
second and third sentences of division (C)(1) of that section | 4736 |
shall be construed for purposes of this section as if they | 4737 |
included a reference to this section in the listing of Revised | 4738 |
Code sections they contain. | 4739 |
Sec. 2919.27. (A) No person shall recklessly violate the | 4740 |
terms of any of the following: | 4741 |
(1) A protection order issued or consent agreement approved | 4742 |
pursuant to section 2919.26 or 3113.31 of the Revised Code; | 4743 |
(2) A protection order issued pursuant to section 2151.34, | 4744 |
2903.213, or 2903.214 of the Revised Code; | 4745 |
(3) A protection order issued by a court of another state. | 4746 |
(B)(1) Whoever violates this section is guilty of violating a | 4747 |
protection order. | 4748 |
(2) Except as otherwise provided in division (B)(3) or (4) of | 4749 |
this section, violating a protection order is a misdemeanor of the | 4750 |
first degree. | 4751 |
(3) If the offender previously has been convicted of | 4752 |
pleaded guilty to, or been adjudicated a delinquent child for a | 4753 |
violation of a protection order issued pursuant to section | 4754 |
2151.34, 2903.213, or 2903.214 of the Revised Code, two or more | 4755 |
violations of section 2903.21, 2903.211, 2903.22, or 2911.211 of | 4756 |
the Revised Code that involved the same person who is the subject | 4757 |
of the protection order or consent agreement, or one or more | 4758 |
violations of this section, violating a protection order is a | 4759 |
felony of the fifth degree. | 4760 |
(4) If the offender violates a protection order or consent | 4761 |
agreement while committing a felony offense, violating a | 4762 |
protection order is a felony of the third degree. | 4763 |
(5) If the protection order violated by the offender was an | 4764 |
order issued pursuant to section 2151.34 or 2903.214 of the | 4765 |
Revised Code that required electronic monitoring of the offender | 4766 |
pursuant to that section, the court may require in addition to | 4767 |
any other sentence imposed upon the offender that the offender be | 4768 |
electronically monitored for a period not exceeding five years by | 4769 |
a law enforcement agency designated by the court. If the court | 4770 |
requires under this division that the offender be electronically | 4771 |
monitored, unless the court determines that the offender is | 4772 |
indigent, the court shall order that the offender pay the costs | 4773 |
of the installation of the electronic monitoring device and the | 4774 |
cost of monitoring the electronic monitoring device. If the court | 4775 |
determines that the offender is indigent and subject to the | 4776 |
maximum amount allowable and the rules promulgated by the attorney | 4777 |
general under section 2903.214 of the Revised Code, the costs of | 4778 |
the installation of the electronic monitoring device and the cost | 4779 |
of monitoring the electronic monitoring device | 4780 |
out of funds from the reparations fund created pursuant to section | 4781 |
2743.191 of the Revised Code. The total amount paid from the | 4782 |
reparations fund created pursuant to section 2743.191 of the | 4783 |
Revised Code for electronic monitoring under this section and | 4784 |
sections 2151.34 and 2903.214 of the Revised Code shall not exceed | 4785 |
three hundred thousand dollars per year. | 4786 |
(C) It is an affirmative defense to a charge under division | 4787 |
(A)(3) of this section that the protection order issued by a court | 4788 |
of another state does not comply with the requirements specified | 4789 |
in 18 U.S.C. 2265(b) for a protection order that must be accorded | 4790 |
full faith and credit by a court of this state or that it is not | 4791 |
entitled to full faith and credit under 18 U.S.C. 2265(c). | 4792 |
(D) As used in this section, "protection order issued by a | 4793 |
court of another state" means an injunction or another order | 4794 |
issued by a criminal court of another state for the purpose of | 4795 |
preventing violent or threatening acts or harassment against, | 4796 |
contact or communication with, or physical proximity to another | 4797 |
person, including a temporary order, and means an injunction or | 4798 |
order of that nature issued by a civil court of another state, | 4799 |
including a temporary order and a final order issued in an | 4800 |
independent action or as a pendente lite order in a proceeding for | 4801 |
other relief, if the court issued it in response to a complaint, | 4802 |
petition, or motion filed by or on behalf of a person seeking | 4803 |
protection. "Protection order issued by a court of another state" | 4804 |
does not include an order for support or for custody of a child | 4805 |
issued pursuant to the divorce and child custody laws of another | 4806 |
state, except to the extent that the order for support or for | 4807 |
custody of a child is entitled to full faith and credit under the | 4808 |
laws of the United States. | 4809 |
Sec. 3109.06. | 4810 |
section 2301.03 of the Revised Code, any court, other than a | 4811 |
juvenile court, that has jurisdiction in any case respecting the | 4812 |
allocation of parental rights and responsibilities for the care of | 4813 |
a child under eighteen years of age and the designation of the | 4814 |
child's place of residence and legal custodian or in any case | 4815 |
respecting the support of a child under eighteen years of age, | 4816 |
may, on its own motion or on motion of any interested party, with | 4817 |
the consent of the juvenile court, certify the record in the case | 4818 |
or so much of the record and such further information, in | 4819 |
narrative form or otherwise, as the court deems necessary or the | 4820 |
juvenile court requests, to the juvenile court for further | 4821 |
proceedings; upon the certification, the juvenile court shall have | 4822 |
exclusive jurisdiction. | 4823 |
In cases in which the court of common pleas finds the parents | 4824 |
unsuitable to have the parental rights and responsibilities for | 4825 |
the care of the child or children and unsuitable to provide the | 4826 |
place of residence and to be the legal custodian of the child or | 4827 |
children, consent of the juvenile court shall not be required to | 4828 |
such certification. This section applies to actions pending on | 4829 |
August 28, 1951. | 4830 |
In any case in which a court of common pleas, or other court | 4831 |
having jurisdiction, has issued an order that allocates parental | 4832 |
rights and responsibilities for the care of minor children and | 4833 |
designates their place of residence and legal custodian of minor | 4834 |
children, has made an order for support of minor children, or has | 4835 |
done both, the jurisdiction of the court shall not abate upon the | 4836 |
death of the person awarded custody but shall continue for all | 4837 |
purposes during the minority of the children. The court, upon its | 4838 |
own motion or the motion of either parent or of any interested | 4839 |
person acting on behalf of the children, may proceed to make | 4840 |
further disposition of the case in the best interests of the | 4841 |
children and subject to sections 3109.42 to 3109.48 of the Revised | 4842 |
Code. If the children are under eighteen years of age, it may | 4843 |
certify them, pursuant to this section, to the juvenile court of | 4844 |
any county for further proceedings. After certification to a | 4845 |
juvenile court, the jurisdiction of the court of common pleas, or | 4846 |
other court, shall cease, except as to any payments of spousal | 4847 |
support due for the spouse and support payments due and unpaid for | 4848 |
the children at the time of the certification. | 4849 |
Any disposition made pursuant to this section, whether by a | 4850 |
juvenile court after a case is certified to it, or by any court | 4851 |
upon the death of a person awarded custody of a child, shall be | 4852 |
made in accordance with sections 3109.04 and 3109.42 to 3109.48 of | 4853 |
the Revised Code. If an appeal is taken from a decision made | 4854 |
pursuant to this section that allocates parental rights and | 4855 |
responsibilities for the care of a minor child and designates the | 4856 |
child's place of residence and legal custodian, the court of | 4857 |
appeals shall give the case calendar priority and handle it | 4858 |
expeditiously. | 4859 |
Sec. 3113.31. (A) As used in this section: | 4860 |
(1) "Domestic violence" means the occurrence of one or more | 4861 |
of the following acts against a family or household member: | 4862 |
(a) Attempting to cause or recklessly causing bodily injury; | 4863 |
(b) Placing another person by the threat of force in fear of | 4864 |
imminent serious physical harm or committing a violation of | 4865 |
section 2903.211 or 2911.211 of the Revised Code; | 4866 |
(c) Committing any act with respect to a child that would | 4867 |
result in the child being an abused child, as defined in section | 4868 |
2151.031 of the Revised Code; | 4869 |
(d) Committing a sexually oriented offense. | 4870 |
(2) "Court" means the domestic relations division of the | 4871 |
court of common pleas in counties that have a domestic relations | 4872 |
division | 4873 |
have a domestic relations division, or the juvenile division of | 4874 |
the court of common pleas of the county in which the person to be | 4875 |
protected by a protection order issued or a consent agreement | 4876 |
approved under this section resides if the respondent is less than | 4877 |
eighteen years of age. | 4878 |
(3) "Family or household member" means any of the following: | 4879 |
(a) Any of the following who is residing with or has resided | 4880 |
with the respondent: | 4881 |
(i) A spouse, a person living as a spouse, or a former spouse | 4882 |
of the respondent; | 4883 |
(ii) A parent, a foster parent, or a child of the respondent, | 4884 |
or another person related by consanguinity or affinity to the | 4885 |
respondent; | 4886 |
(iii) A parent or a child of a spouse, person living as a | 4887 |
spouse, or former spouse of the respondent, or another person | 4888 |
related by consanguinity or affinity to a spouse, person living as | 4889 |
a spouse, or former spouse of the respondent. | 4890 |
(b) The natural parent of any child of whom the respondent is | 4891 |
the other natural parent or is the putative other natural parent. | 4892 |
(4) "Person living as a spouse" means a person who is living | 4893 |
or has lived with the respondent in a common law marital | 4894 |
relationship, who otherwise is cohabiting with the respondent, or | 4895 |
who otherwise has cohabited with the respondent within five years | 4896 |
prior to the date of the alleged occurrence of the act in | 4897 |
question. | 4898 |
(5) "Victim advocate" means a person who provides support and | 4899 |
assistance for a person who files a petition under this section. | 4900 |
(6) "Sexually oriented offense" has the same meaning as in | 4901 |
section 2950.01 of the Revised Code. | 4902 |
(B) The court has jurisdiction over all proceedings under | 4903 |
this section. The petitioner's right to relief under this section | 4904 |
is not affected by the petitioner's leaving the residence or | 4905 |
household to avoid further domestic violence. | 4906 |
(C) A person may seek relief under this section on the | 4907 |
person's own behalf, or any parent or adult household member may | 4908 |
seek relief under this section on behalf of any other family or | 4909 |
household member, by filing a petition with the court. The | 4910 |
petition shall contain or state: | 4911 |
(1) An allegation that the respondent engaged in domestic | 4912 |
violence against a family or household member of the respondent, | 4913 |
including a description of the nature and extent of the domestic | 4914 |
violence; | 4915 |
(2) The relationship of the respondent to the petitioner, and | 4916 |
to the victim if other than the petitioner; | 4917 |
(3) A request for relief under this section. | 4918 |
(D)(1) If a person who files a petition pursuant to this | 4919 |
section requests an ex parte order, the court shall hold an ex | 4920 |
parte hearing on the same day that the petition is filed. The | 4921 |
court, for good cause shown at the ex parte hearing, may enter any | 4922 |
temporary orders, with or without bond, including, but not limited | 4923 |
to, an order described in division (E)(1)(a), (b), or (c) of this | 4924 |
section, that the court finds necessary to protect the family or | 4925 |
household member from domestic violence. Immediate and present | 4926 |
danger of domestic violence to the family or household member | 4927 |
constitutes good cause for purposes of this section. Immediate and | 4928 |
present danger includes, but is not limited to, situations in | 4929 |
which the respondent has threatened the family or household member | 4930 |
with bodily harm, in which the respondent has threatened the | 4931 |
family or household member with a sexually oriented offense, or in | 4932 |
which the respondent previously has been convicted of | 4933 |
guilty to, or been adjudicated a delinquent child for an offense | 4934 |
that constitutes domestic violence against the family or household | 4935 |
member. | 4936 |
(2)(a) If the court, after an ex parte hearing, issues an | 4937 |
order described in division (E)(1)(b) or (c) of this section, the | 4938 |
court shall schedule a full hearing for a date that is within | 4939 |
seven court days after the ex parte hearing. If any other type of | 4940 |
protection order that is authorized under division (E) of this | 4941 |
section is issued by the court after an ex parte hearing, the | 4942 |
court shall schedule a full hearing for a date that is within ten | 4943 |
court days after the ex parte hearing. The court shall give the | 4944 |
respondent notice of, and an opportunity to be heard at, the full | 4945 |
hearing. The court shall hold the full hearing on the date | 4946 |
scheduled under this division unless the court grants a | 4947 |
continuance of the hearing in accordance with this division. Under | 4948 |
any of the following circumstances or for any of the following | 4949 |
reasons, the court may grant a continuance of the full hearing to | 4950 |
a reasonable time determined by the court: | 4951 |
(i) Prior to the date scheduled for the full hearing under | 4952 |
this division, the respondent has not been served with the | 4953 |
petition filed pursuant to this section and notice of the full | 4954 |
hearing. | 4955 |
(ii) The parties consent to the continuance. | 4956 |
(iii) The continuance is needed to allow a party to obtain | 4957 |
counsel. | 4958 |
(iv) The continuance is needed for other good cause. | 4959 |
(b) An ex parte order issued under this section does not | 4960 |
expire because of a failure to serve notice of the full hearing | 4961 |
upon the respondent before the date set for the full hearing under | 4962 |
division (D)(2)(a) of this section or because the court grants a | 4963 |
continuance under that division. | 4964 |
(3) If a person who files a petition pursuant to this section | 4965 |
does not request an ex parte order, or if a person requests an ex | 4966 |
parte order but the court does not issue an ex parte order after | 4967 |
an ex parte hearing, the court shall proceed as in a normal civil | 4968 |
action and grant a full hearing on the matter. | 4969 |
(E)(1) After an ex parte or full hearing, the court may grant | 4970 |
any protection order, with or without bond, or approve any consent | 4971 |
agreement to bring about a cessation of domestic violence against | 4972 |
the family or household members. The order or agreement may: | 4973 |
(a) Direct the respondent to refrain from abusing or from | 4974 |
committing sexually oriented offenses against the family or | 4975 |
household members; | 4976 |
(b) Grant possession of the residence or household to the | 4977 |
petitioner or other family or household member, to the exclusion | 4978 |
of the respondent, by evicting the respondent, when the residence | 4979 |
or household is owned or leased solely by the petitioner or other | 4980 |
family or household member, or by ordering the respondent to | 4981 |
vacate the premises, when the residence or household is jointly | 4982 |
owned or leased by the respondent, and the petitioner or other | 4983 |
family or household member; | 4984 |
(c) When the respondent has a duty to support the petitioner | 4985 |
or other family or household member living in the residence or | 4986 |
household and the respondent is the sole owner or lessee of the | 4987 |
residence or household, grant possession of the residence or | 4988 |
household to the petitioner or other family or household member, | 4989 |
to the exclusion of the respondent, by ordering the respondent to | 4990 |
vacate the premises, or, in the case of a consent agreement, allow | 4991 |
the respondent to provide suitable, alternative housing; | 4992 |
(d) Temporarily allocate parental rights and responsibilities | 4993 |
for the care of, or establish temporary parenting time rights with | 4994 |
regard to, minor children, if no other court has determined, or is | 4995 |
determining, the allocation of parental rights and | 4996 |
responsibilities for the minor children or parenting time rights; | 4997 |
(e) Require the respondent to maintain support, if the | 4998 |
respondent customarily provides for or contributes to the support | 4999 |
of the family or household member, or if the respondent has a duty | 5000 |
to support the petitioner or family or household member; | 5001 |
(f) Require the respondent, petitioner, victim of domestic | 5002 |
violence, or any combination of those persons, to seek counseling; | 5003 |
(g) Require the respondent to refrain from entering the | 5004 |
residence, school, business, or place of employment of the | 5005 |
petitioner or family or household member; | 5006 |
(h) Grant other relief that the court considers equitable and | 5007 |
fair, including, but not limited to, ordering the respondent to | 5008 |
permit the use of a motor vehicle by the petitioner or other | 5009 |
family or household member and the apportionment of household and | 5010 |
family personal property. | 5011 |
(2) If a protection order has been issued pursuant to this | 5012 |
section in a prior action involving the respondent and the | 5013 |
petitioner or one or more of the family or household members or | 5014 |
victims, the court may include in a protection order that it | 5015 |
issues a prohibition against the respondent returning to the | 5016 |
residence or household. If it includes a prohibition against the | 5017 |
respondent returning to the residence or household in the order, | 5018 |
it also shall include in the order provisions of the type | 5019 |
described in division (E)(7) of this section. This division does | 5020 |
not preclude the court from including in a protection order or | 5021 |
consent agreement, in circumstances other than those described in | 5022 |
this division, a requirement that the respondent be evicted from | 5023 |
or vacate the residence or household or refrain from entering the | 5024 |
residence, school, business, or place of employment of the | 5025 |
petitioner or a family or household member, and, if the court | 5026 |
includes any requirement of that type in an order or agreement, | 5027 |
the court also shall include in the order provisions of the type | 5028 |
described in division (E)(7) of this section. | 5029 |
(3)(a) Any protection order issued or consent agreement | 5030 |
approved under this section shall be valid until a date certain, | 5031 |
but not later than five years from the date of its issuance or | 5032 |
approval, or not later than the date a respondent who is less than | 5033 |
eighteen years of age attains nineteen years of age, unless | 5034 |
modified or terminated as provided in division (E)(8) of this | 5035 |
section. | 5036 |
(b) Subject to the limitation on the duration of an order or | 5037 |
agreement set forth in division (E)(3)(a) of this section, any | 5038 |
order under division (E)(1)(d) of this section shall terminate on | 5039 |
the date that a court in an action for divorce, dissolution of | 5040 |
marriage, or legal separation brought by the petitioner or | 5041 |
respondent issues an order allocating parental rights and | 5042 |
responsibilities for the care of children or on the date that a | 5043 |
juvenile court in an action brought by the petitioner or | 5044 |
respondent issues an order awarding legal custody of minor | 5045 |
children. Subject to the limitation on the duration of an order or | 5046 |
agreement set forth in division (E)(3)(a) of this section, any | 5047 |
order under division (E)(1)(e) of this section shall terminate on | 5048 |
the date that a court in an action for divorce, dissolution of | 5049 |
marriage, or legal separation brought by the petitioner or | 5050 |
respondent issues a support order or on the date that a juvenile | 5051 |
court in an action brought by the petitioner or respondent issues | 5052 |
a support order. | 5053 |
(c) Any protection order issued or consent agreement approved | 5054 |
pursuant to this section may be renewed in the same manner as the | 5055 |
original order or agreement was issued or approved. | 5056 |
(4) A court may not issue a protection order that requires a | 5057 |
petitioner to do or to refrain from doing an act that the court | 5058 |
may require a respondent to do or to refrain from doing under | 5059 |
division (E)(1)(a), (b), (c), (d), (e), (g), or (h) of this | 5060 |
section unless all of the following apply: | 5061 |
(a) The respondent files a separate petition for a protection | 5062 |
order in accordance with this section. | 5063 |
(b) The petitioner is served notice of the respondent's | 5064 |
petition at least forty-eight hours before the court holds a | 5065 |
hearing with respect to the respondent's petition, or the | 5066 |
petitioner waives the right to receive this notice. | 5067 |
(c) If the petitioner has requested an ex parte order | 5068 |
pursuant to division (D) of this section, the court does not delay | 5069 |
any hearing required by that division beyond the time specified in | 5070 |
that division in order to consolidate the hearing with a hearing | 5071 |
on the petition filed by the respondent. | 5072 |
(d) After a full hearing at which the respondent presents | 5073 |
evidence in support of the request for a protection order and the | 5074 |
petitioner is afforded an opportunity to defend against that | 5075 |
evidence, the court determines that the petitioner has committed | 5076 |
an act of domestic violence or has violated a temporary protection | 5077 |
order issued pursuant to section 2919.26 of the Revised Code, that | 5078 |
both the petitioner and the respondent acted primarily as | 5079 |
aggressors, and that neither the petitioner nor the respondent | 5080 |
acted primarily in self-defense. | 5081 |
(5) No protection order issued or consent agreement approved | 5082 |
under this section shall in any manner affect title to any real | 5083 |
property. | 5084 |
(6)(a) If a petitioner, or the child of a petitioner, who | 5085 |
obtains a protection order or consent agreement pursuant to | 5086 |
division (E)(1) of this section or a temporary protection order | 5087 |
pursuant to section 2919.26 of the Revised Code and is the subject | 5088 |
of a parenting time order issued pursuant to section 3109.051 or | 5089 |
3109.12 of the Revised Code or a visitation or companionship order | 5090 |
issued pursuant to section 3109.051, 3109.11, or 3109.12 of the | 5091 |
Revised Code or division (E)(1)(d) of this section granting | 5092 |
parenting time rights to the respondent, the court may require the | 5093 |
public children services agency of the county in which the court | 5094 |
is located to provide supervision of the respondent's exercise of | 5095 |
parenting time or visitation or companionship rights with respect | 5096 |
to the child for a period not to exceed nine months, if the court | 5097 |
makes the following findings of fact: | 5098 |
(i) The child is in danger from the respondent; | 5099 |
(ii) No other person or agency is available to provide the | 5100 |
supervision. | 5101 |
(b) A court that requires an agency to provide supervision | 5102 |
pursuant to division (E)(6)(a) of this section shall order the | 5103 |
respondent to reimburse the agency for the cost of providing the | 5104 |
supervision, if it determines that the respondent has sufficient | 5105 |
income or resources to pay that cost. | 5106 |
(7)(a) If a protection order issued or consent agreement | 5107 |
approved under this section includes a requirement that the | 5108 |
respondent be evicted from or vacate the residence or household or | 5109 |
refrain from entering the residence, school, business, or place of | 5110 |
employment of the petitioner or a family or household member, the | 5111 |
order or agreement shall state clearly that the order or agreement | 5112 |
cannot be waived or nullified by an invitation to the respondent | 5113 |
from the petitioner or other family or household member to enter | 5114 |
the residence, school, business, or place of employment or by the | 5115 |
respondent's entry into one of those places otherwise upon the | 5116 |
consent of the petitioner or other family or household member. | 5117 |
(b) Division (E)(7)(a) of this section does not limit any | 5118 |
discretion of a court to determine that a respondent charged with | 5119 |
a violation of section 2919.27 of the Revised Code, with a | 5120 |
violation of a municipal ordinance substantially equivalent to | 5121 |
that section, or with contempt of court, which charge is based on | 5122 |
an alleged violation of a protection order issued or consent | 5123 |
agreement approved under this section, did not commit the | 5124 |
violation or was not in contempt of court. | 5125 |
(8)(a) The court may modify or terminate as provided in | 5126 |
division (E)(8) of this section a protection order or consent | 5127 |
agreement that was issued after a full hearing under this section. | 5128 |
The court that issued the protection order or approved the consent | 5129 |
agreement shall hear a motion for modification or termination of | 5130 |
the protection order or consent agreement pursuant to division | 5131 |
(E)(8) of this section. | 5132 |
(b) Either the petitioner or the respondent of the original | 5133 |
protection order or consent agreement may bring a motion for | 5134 |
modification or termination of a protection order or consent | 5135 |
agreement that was issued or approved after a full hearing. The | 5136 |
court shall require notice of the motion to be made as provided by | 5137 |
the Rules of Civil Procedure. If the petitioner for the original | 5138 |
protection order or consent agreement has requested that the | 5139 |
petitioner's address be kept confidential, the court shall not | 5140 |
disclose the address to the respondent of the original protection | 5141 |
order or consent agreement or any other person, except as | 5142 |
otherwise required by law. The moving party has the burden of | 5143 |
proof to show, by a preponderance of the evidence, that | 5144 |
modification or termination of the protection order or consent | 5145 |
agreement is appropriate because either the protection order or | 5146 |
consent agreement is no longer needed or because the terms of the | 5147 |
original protection order or consent agreement are no longer | 5148 |
appropriate. | 5149 |
(c) In considering whether to modify or terminate a | 5150 |
protection order or consent agreement issued or approved under | 5151 |
this section, the court shall consider all relevant factors, | 5152 |
including, but not limited to, the following: | 5153 |
(i) Whether the petitioner consents to modification or | 5154 |
termination of the protection order or consent agreement; | 5155 |
(ii) Whether the petitioner fears the respondent; | 5156 |
(iii) The current nature of the relationship between the | 5157 |
petitioner and the respondent; | 5158 |
(iv) The circumstances of the petitioner and respondent, | 5159 |
including the relative proximity of the petitioner's and | 5160 |
respondent's workplaces and residences and whether the petitioner | 5161 |
and respondent have minor children together; | 5162 |
(v) Whether the respondent has complied with the terms and | 5163 |
conditions of the original protection order or consent agreement; | 5164 |
(vi) Whether the respondent has a continuing involvement with | 5165 |
illegal drugs or alcohol; | 5166 |
(vii) Whether the respondent has been convicted of | 5167 |
pleaded guilty to, or been adjudicated a delinquent child for an | 5168 |
offense of violence since the issuance of the protection order or | 5169 |
approval of the consent agreement; | 5170 |
(viii) Whether any other protection orders, consent | 5171 |
agreements, restraining orders, or no contact orders have been | 5172 |
issued against the respondent pursuant to this section, section | 5173 |
2919.26 of the Revised Code, any other provision of state law, or | 5174 |
the law of any other state; | 5175 |
(ix) Whether the respondent has participated in any domestic | 5176 |
violence treatment, intervention program, or other counseling | 5177 |
addressing domestic violence and whether the respondent has | 5178 |
completed the treatment, program, or counseling; | 5179 |
(x) The time that has elapsed since the protection order was | 5180 |
issued or since the consent agreement was approved; | 5181 |
(xi) The age and health of the respondent; | 5182 |
(xii) When the last incident of abuse, threat of harm, or | 5183 |
commission of a sexually oriented offense occurred or other | 5184 |
relevant information concerning the safety and protection of the | 5185 |
petitioner or other protected parties. | 5186 |
(d) If a protection order or consent agreement is modified or | 5187 |
terminated as provided in division (E)(8) of this section, the | 5188 |
court shall issue copies of the modified or terminated order or | 5189 |
agreement as provided in division (F) of this section. A | 5190 |
petitioner may also provide notice of the modification or | 5191 |
termination to the judicial and law enforcement officials in any | 5192 |
county other than the county in which the order or agreement is | 5193 |
modified or terminated as provided in division (N) of this | 5194 |
section. | 5195 |
(e) If the respondent moves for modification or termination | 5196 |
of a protection order or consent agreement pursuant to this | 5197 |
section, the court may assess costs against the respondent for the | 5198 |
filing of the motion. | 5199 |
(9) Any protection order issued or any consent agreement | 5200 |
approved pursuant to this section shall include a provision that | 5201 |
the court will automatically seal all of the records of the | 5202 |
proceeding in which the order is issued or agreement approved on | 5203 |
the date the respondent attains the age of nineteen years unless | 5204 |
the petitioner provides the court with evidence that the | 5205 |
respondent has not complied with all of the terms of the | 5206 |
protection order or consent agreement. The protection order or | 5207 |
consent agreement shall specify the date when the respondent | 5208 |
attains the age of nineteen years. | 5209 |
(F)(1) A copy of any protection order, or consent agreement, | 5210 |
that is issued, approved, modified, or terminated under this | 5211 |
section shall be issued by the court to the petitioner, to the | 5212 |
respondent, and to all law enforcement agencies that have | 5213 |
jurisdiction to enforce the order or agreement. The court shall | 5214 |
direct that a copy of an order be delivered to the respondent on | 5215 |
the same day that the order is entered. | 5216 |
(2) Upon the issuance of a protection order or the approval | 5217 |
of a consent agreement under this section, the court shall provide | 5218 |
the parties to the order or agreement with the following notice | 5219 |
orally or by form: | 5220 |
5221 | |
As a result of this order or consent agreement, it may be | 5222 |
unlawful for you to possess or purchase a firearm, including a | 5223 |
rifle, pistol, or revolver, or ammunition pursuant to federal law | 5224 |
under 18 U.S.C. 922(g)(8). If you have any questions whether this | 5225 |
law makes it illegal for you to possess or purchase a firearm or | 5226 |
ammunition, you should consult an attorney." | 5227 |
(3) All law enforcement agencies shall establish and maintain | 5228 |
an index for the protection orders and the approved consent | 5229 |
agreements delivered to the agencies pursuant to division (F)(1) | 5230 |
of this section. With respect to each order and consent agreement | 5231 |
delivered, each agency shall note on the index the date and time | 5232 |
that it received the order or consent agreement. | 5233 |
(4) Regardless of whether the petitioner has registered the | 5234 |
order or agreement in the county in which the officer's agency | 5235 |
has jurisdiction pursuant to division (N) of this section, any | 5236 |
officer of a law enforcement agency shall enforce a protection | 5237 |
order issued or consent agreement approved by any court in this | 5238 |
state in accordance with the provisions of the order or agreement, | 5239 |
including removing the respondent from the premises, if | 5240 |
appropriate. | 5241 |
(G) Any proceeding under this section shall be conducted in | 5242 |
accordance with the Rules of Civil Procedure, except that an order | 5243 |
under this section may be obtained with or without bond. An order | 5244 |
issued under this section, other than an ex parte order, that | 5245 |
grants a protection order or approves a consent agreement, that | 5246 |
refuses to grant a protection order or approve a consent agreement | 5247 |
that modifies or terminates a protection order or consent | 5248 |
agreement, or that refuses to modify or terminate a protection | 5249 |
order or consent agreement, is a final, appealable order. The | 5250 |
remedies and procedures provided in this section are in addition | 5251 |
to, and not in lieu of, any other available civil or criminal | 5252 |
remedies. | 5253 |
(H) The filing of proceedings under this section does not | 5254 |
excuse a person from filing any report or giving any notice | 5255 |
required by section 2151.421 of the Revised Code or by any other | 5256 |
law. When a petition under this section alleges domestic violence | 5257 |
against minor children, the court shall report the fact, or cause | 5258 |
reports to be made, to a county, township, or municipal peace | 5259 |
officer under section 2151.421 of the Revised Code. | 5260 |
(I) Any law enforcement agency that investigates a domestic | 5261 |
dispute shall provide information to the family or household | 5262 |
members involved regarding the relief available under this section | 5263 |
and section 2919.26 of the Revised Code. | 5264 |
(J) Notwithstanding any provision of law to the contrary and | 5265 |
regardless of whether a protection order is issued or a consent | 5266 |
agreement is approved by a court of another county or a court of | 5267 |
another state, no court or unit of state or local government shall | 5268 |
charge any fee, cost, deposit, or money in connection with the | 5269 |
filing of a petition pursuant to this section or in connection | 5270 |
with the filing, issuance, registration, or service of a | 5271 |
protection order or consent agreement, or for obtaining a | 5272 |
certified copy of a protection order or consent agreement. | 5273 |
(K)(1) The court shall comply with Chapters 3119., 3121., | 5274 |
3123., and 3125. of the Revised Code when it makes or modifies an | 5275 |
order for child support under this section. | 5276 |
(2) If any person required to pay child support under an | 5277 |
order made under this section on or after April 15, 1985, or | 5278 |
modified under this section on or after December 31, 1986, is | 5279 |
found in contempt of court for failure to make support payments | 5280 |
under the order, the court that makes the finding, in addition to | 5281 |
any other penalty or remedy imposed, shall assess all court costs | 5282 |
arising out of the contempt proceeding against the person and | 5283 |
require the person to pay any reasonable attorney's fees of any | 5284 |
adverse party, as determined by the court, that arose in relation | 5285 |
to the act of contempt. | 5286 |
(L)(1) A person who violates a protection order issued or a | 5287 |
consent agreement approved under this section is subject to the | 5288 |
following sanctions: | 5289 |
(a) Criminal prosecution or a delinquent child proceeding for | 5290 |
a violation of section 2919.27 of the Revised Code, if the | 5291 |
violation of the protection order or consent agreement constitutes | 5292 |
a violation of that section; | 5293 |
(b) Punishment for contempt of court. | 5294 |
(2) The punishment of a person for contempt of court for | 5295 |
violation of a protection order issued or a consent agreement | 5296 |
approved under this section does not bar criminal prosecution of | 5297 |
the person or a delinquent child proceeding concerning the person | 5298 |
for a violation of section 2919.27 of the Revised Code. However, a | 5299 |
person punished for contempt of court is entitled to credit for | 5300 |
the punishment imposed upon conviction of or adjudication as a | 5301 |
delinquent child for a violation of that section, and a person | 5302 |
convicted of or adjudicated a delinquent child for a violation of | 5303 |
that section shall not subsequently be punished for contempt of | 5304 |
court arising out of the same activity. | 5305 |
(M) In all stages of a proceeding under this section, a | 5306 |
petitioner may be accompanied by a victim advocate. | 5307 |
(N)(1) A petitioner who obtains a protection order or consent | 5308 |
agreement under this section or a temporary protection order under | 5309 |
section 2919.26 of the Revised Code may provide notice of the | 5310 |
issuance or approval of the order or agreement to the judicial and | 5311 |
law enforcement officials in any county other than the county in | 5312 |
which the order is issued or the agreement is approved by | 5313 |
registering that order or agreement in the other county pursuant | 5314 |
to division (N)(2) of this section and filing a copy of the | 5315 |
registered order or registered agreement with a law enforcement | 5316 |
agency in the other county in accordance with that division. A | 5317 |
person who obtains a protection order issued by a court of another | 5318 |
state may provide notice of the issuance of the order to the | 5319 |
judicial and law enforcement officials in any county of this state | 5320 |
by registering the order in that county pursuant to section | 5321 |
2919.272 of the Revised Code and filing a copy of the registered | 5322 |
order with a law enforcement agency in that county. | 5323 |
(2) A petitioner may register a temporary protection order, | 5324 |
protection order, or consent agreement in a county other than the | 5325 |
county in which the court that issued the order or approved the | 5326 |
agreement is located in the following manner: | 5327 |
(a) The petitioner shall obtain a certified copy of the order | 5328 |
or agreement from the clerk of the court that issued the order or | 5329 |
approved the agreement and present that certified copy to the | 5330 |
clerk of the court of common pleas or the clerk of a municipal | 5331 |
court or county court in the county in which the order or | 5332 |
agreement is to be registered. | 5333 |
(b) Upon accepting the certified copy of the order or | 5334 |
agreement for registration, the clerk of the court of common | 5335 |
pleas, municipal court, or county court shall place an endorsement | 5336 |
of registration on the order or agreement and give the petitioner | 5337 |
a copy of the order or agreement that bears that proof of | 5338 |
registration. | 5339 |
(3) The clerk of each court of common pleas, the clerk of | 5340 |
each municipal court, and the clerk of each county court shall | 5341 |
maintain a registry of certified copies of temporary protection | 5342 |
orders, protection orders, or consent agreements that have been | 5343 |
issued or approved by courts in other counties and that have been | 5344 |
registered with the clerk. | 5345 |
(O) Nothing in this section prohibits the domestic relations | 5346 |
division of a court of common pleas in counties that have a | 5347 |
domestic relations division or a court of common pleas in counties | 5348 |
that do not have a domestic relations division from designating a | 5349 |
minor child as a protected party on a protection order or consent | 5350 |
agreement. | 5351 |
Sec. 3113.33. As used in sections 3113.33 to 3113.40 of the | 5352 |
Revised Code: | 5353 |
(A) "Domestic violence" means attempting to cause or causing | 5354 |
bodily injury to a family or household member, or placing a family | 5355 |
or household member by threat of force in fear of imminent | 5356 |
physical harm. | 5357 |
(B) "Family or household member" means any of the following: | 5358 |
(1) Any of the following who is residing or has resided with | 5359 |
the person committing the domestic violence: | 5360 |
(a) A spouse, a person living as a spouse, or a former spouse | 5361 |
of the person committing the domestic violence; | 5362 |
(b) A parent, foster parent, or child of the person | 5363 |
committing the domestic violence, or another person related by | 5364 |
consanguinity or affinity to the person committing the domestic | 5365 |
violence; | 5366 |
(c) A parent or a child of a spouse, person living as a | 5367 |
spouse, or former spouse of the person committing the domestic | 5368 |
violence, or another person related by consanguinity or affinity | 5369 |
to a spouse, person living as a spouse, or former spouse of the | 5370 |
person committing the domestic violence; | 5371 |
(d) The dependents of any person listed in division | 5372 |
(B)(1)(a), (b), or (c) of this section. | 5373 |
(2) The natural parent of any child of whom the person | 5374 |
committing the domestic violence is the other natural parent or is | 5375 |
the putative other natural parent. | 5376 |
(C) "Shelter for victims of domestic violence" or "shelter" | 5377 |
means a facility that provides temporary residential service or | 5378 |
facilities to family or household members who are victims of | 5379 |
domestic violence. | 5380 |
(D) "Person living as a spouse" means a person who is living | 5381 |
or has lived with the person committing the domestic violence in a | 5382 |
common law marital relationship, who otherwise is cohabiting with | 5383 |
the person committing the domestic violence, or who otherwise has | 5384 |
cohabited with the person committing the domestic violence within | 5385 |
five years prior to the date of the alleged occurrence of the act | 5386 |
in question. | 5387 |
Section 2. That existing sections 109.36, 109.57, 1901.26, | 5388 |
1901.261, 1907.24, 2101.16, 2101.162, 2101.17, 2111.51, 2113.031, | 5389 |
2151.23, 2151.358, 2151.541, 2152.02, 2301.03, 2303.20, 2303.201, | 5390 |
2329.07, 2743.191, 2903.214, 2913.04, 2919.25, 2919.27, 3109.06, | 5391 |
3113.31, and 3113.33 of the Revised Code are hereby repealed. | 5392 |
Section 3. That sections 1901.26, 1901.261, 1907.24, 2101.16, | 5393 |
2101.162, 2151.541, 2303.20, and 2303.201, as amended by this act, | 5394 |
shall take effect one month after the effective date of this act. | 5395 |
Section 4. Section 109.57 of the Revised Code is presented | 5396 |
in this act as a composite of the section as amended by both Am. | 5397 |
Sub. H.B. 1 and Sub. S.B. 79 of the 128th General Assembly. | 5398 |
Section 2151.23 of the Revised Code is presented in this act as a | 5399 |
composite of the section as amended by both Am. Sub. H.B. 214 and | 5400 |
Am. Sub. S.B. 10 of the 127th General Assembly. Section 3113.33 of | 5401 |
the Revised Code is presented in this act as a composite of the | 5402 |
section as amended by both Am. Sub. H.B. 215 and Am. Sub. S.B. 1 | 5403 |
of the 122nd General Assembly. The General Assembly, applying the | 5404 |
principle stated in division (B) of section 1.52 of the Revised | 5405 |
Code that amendments are to be harmonized if reasonably capable of | 5406 |
simultaneous operation, finds that the composites are the | 5407 |
resulting versions of the sections in effect prior to the | 5408 |
effective date of the sections as presented in this act. | 5409 |