As Re-reported by the Senate Judiciary--Civil Justice Committee

128th General Assembly Regular Session 2009-2010

Sub. H. B. No. 10

Representative Brown 

Cosponsors: Representatives Szollosi, Williams, B., Letson, Harwood, Stewart, Chandler, Gardner, Boyd, Garrison, Otterman, Luckie, Stebelton, Harris, Newcomb, Williams, S., Phillips, Foley, Slesnick, Fende, Pillich, Book, Mecklenborg, Skindell, Yates, Amstutz, Bacon, Belcher, Blair, Bolon, Boose, Bubp, Carney, Celeste, Coley, Combs, Daniels, DeBose, DeGeeter, Derickson, Dodd, Domenick, Driehaus, Dyer, Evans, Garland, Gerberry, Goyal, Grossman, Hackett, Hagan, Heard, Hottinger, Jones, Koziura, Lehner, Lundy, Mallory, Mandel, McClain, Murray, Oelslager, Okey, Patten, Pryor, Ruhl, Sayre, Sears, Snitchler, Ujvagi, Weddington, Winburn, Yuko, Zehringer 

Senators Schuring, Kearney, Miller, D., Seitz 

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A BILL

To amend sections 109.36, 109.57, 2151.23, 2151.358,

1

2152.02, 2301.03, 2743.191, 2903.214, 2913.04,

2

2919.25, 2919.27, 3109.06, 3113.31, and 3113.33

3

and to enact section 2151.34 of the Revised Code

4

to allow a juvenile court to issue a protection

5

order against a child who is alleged to have

6

committed certain offenses or domestic violence

7

against the person to be protected, to include

8

foster parents under the scope of the domestic

9

violence laws, to prohibit the unauthorized use of

10

the Ohio Law Enforcement Gateway, to include

11

courts of appeals within the definition of "state"

12

for the purposes of representation by the attorney

13

general in a civil action brought against a judge

14

that was elected or appointed to a court of

15

appeals or a person employed by a court of

16

appeals, and to give the judges of the Butler

17

County Court of Common Pleas concurrent

18

jurisdiction with judges of the Juvenile Division

19

of the Butler County Court of Common Pleas with

20

respect to certain custody and support cases.

21

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

Section 1. That sections 109.36, 109.57, 2151.23, 2151.358,	22
2152.02, 2301.03, 2743.191, 2903.214, 2913.04, 2919.25, 2919.27,	23
3109.06, 3113.31, and 3113.33 be amended and section 2151.34 of	24
the Revised Code be enacted to read as follows:	25

Sec. 109.36.  As used in this section and sections 109.361 to	26
109.366 of the Revised Code:	27

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

28

(a) A person who, at the time a cause of action against the	29
person arises, is serving in an elected or appointed office or	30
position with the state or is employed by the state.	31

(b) A person that, at the time a cause of action against the	32
person, partnership, or corporation arises, is rendering medical,	33
nursing, dental, podiatric, optometric, physical therapeutic,	34
psychiatric, or psychological services pursuant to a personal	35
services contract or purchased service contract with a department,	36
agency, or institution of the state.	37

(c) A person that, at the time a cause of action against the	38
person, partnership, or corporation arises, is rendering peer	39
review, utilization review, or drug utilization review services in	40
relation to medical, nursing, dental, podiatric, optometric,	41
physical therapeutic, psychiatric, or psychological services	42
pursuant to a personal services contract or purchased service	43
contract with a department, agency, or institution of the state.	44

(d) A person who, at the time a cause of action against the	45
person arises, is rendering medical services to patients in a	46
state institution operated by the department of mental health, is	47
a member of the institution's staff, and is performing the	48
services pursuant to an agreement between the state institution	49
and a board of alcohol, drug addiction, and mental health services	50
described in section 340.021 of the Revised Code.	51

(2) "Officer or employee" does not include any person	52
elected, appointed, or employed by any political subdivision of	53
the state.	54

(B) "State" means the state of Ohio, including but not	55
limited to, the general assembly, the supreme court, courts of	56
appeals, the offices of all elected state officers, and all	57
departments, boards, offices, commissions, agencies, institutions,	58
and other instrumentalities of the state of Ohio. "State" does not	59
include political subdivisions.	60

(C) "Political subdivisions" of the state means municipal	61
corporations, townships, counties, school districts, and all other	62
bodies corporate and politic responsible for governmental	63
activities only in geographical areas smaller than that of the	64
state.	65

(D) "Employer" means the general assembly, the supreme court,	66
courts of appeals, any office of an elected state officer, or any	67
department, board, office, commission, agency, institution, or	68
other instrumentality of the state of Ohio that employs or	69
contracts with an officer or employee or to which an officer or	70
employee is elected or appointed.	71

Sec. 109.57.  (A)(1) The superintendent of the bureau of	72
criminal identification and investigation shall procure from	73
wherever procurable and file for record photographs, pictures,	74
descriptions, fingerprints, measurements, and other information	75
that may be pertinent of all persons who have been convicted of	76
committing within this state a felony, any crime constituting a	77
misdemeanor on the first offense and a felony on subsequent	78
offenses, or any misdemeanor described in division (A)(1)(a),	79
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code,	80
of all children under eighteen years of age who have been	81
adjudicated delinquent children for committing within this state	82
an act that would be a felony or an offense of violence if	83
committed by an adult or who have been convicted of or pleaded	84
guilty to committing within this state a felony or an offense of	85
violence, and of all well-known and habitual criminals. The person	86
in charge of any county, multicounty, municipal, municipal-county,	87
or multicounty-municipal jail or workhouse, community-based	88
correctional facility, halfway house, alternative residential	89
facility, or state correctional institution and the person in	90
charge of any state institution having custody of a person	91
suspected of having committed 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 or	95
having custody of a child under eighteen years of age with respect	96
to whom there is probable cause to believe that the child may have	97
committed an act that would be a felony or an offense of violence	98
if committed by an adult shall furnish such material to the	99
superintendent of the bureau. Fingerprints, photographs, or other	100
descriptive information of a child who is under eighteen years of	101
age, has not been arrested or otherwise taken into custody for	102
committing an act that would be a felony or an offense of violence	103
who is not in any other category of child specified in this	104
division, if committed by an adult, has not been adjudicated a	105
delinquent child for committing an act that would be a felony or	106
an offense of violence if committed by an adult, has not been	107
convicted of or pleaded guilty to committing a felony or an	108
offense of violence, and is not a child with respect to whom there	109
is probable cause to believe that the child may have committed an	110
act that would be a felony or an offense of violence if committed	111
by an adult shall not be procured by the superintendent or	112
furnished by any person in charge of any county, multicounty,	113
municipal, municipal-county, or multicounty-municipal jail or	114
workhouse, community-based correctional facility, halfway house,	115
alternative residential facility, or state correctional	116
institution, except as authorized in section 2151.313 of the	117
Revised Code.	118

(2) Every clerk of a court of record in this state, other	119
than the supreme court or a court of appeals, shall send to the	120
superintendent of the bureau a weekly report containing a summary	121
of each case involving a felony, involving any crime constituting	122
a misdemeanor on the first offense and a felony on subsequent	123
offenses, involving a misdemeanor described in division (A)(1)(a),	124
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code,	125
or involving an adjudication in a case in which a child under	126
eighteen years of age was alleged to be a delinquent child for	127
committing an act that would be a felony or an offense of violence	128
if committed by an adult. The clerk of the court of common pleas	129
shall include in the report and summary the clerk sends under this	130
division all information described in divisions (A)(2)(a) to (f)	131
of this section regarding a case before the court of appeals that	132
is served by that clerk. The summary shall be written on the	133
standard forms furnished by the superintendent pursuant to	134
division (B) of this section and shall include the following	135
information:	136

(a) The incident tracking number contained on the standard	137
forms furnished by the superintendent pursuant to division (B) of	138
this section;	139

(b) The style and number of the case;

140

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

141

(d) The date that the person was convicted of or pleaded	142
guilty to the offense, adjudicated a delinquent child for	143
committing the act that would be a felony or an offense of	144
violence if committed by an adult, found not guilty of the	145
offense, or found not to be a delinquent child for committing an	146
act that would be a felony or an offense of violence if committed	147
by an adult, the date of an entry dismissing the charge, an entry	148
declaring a mistrial of the offense in which the person is	149
discharged, an entry finding that the person or child is not	150
competent to stand trial, or an entry of a nolle prosequi, or the	151
date of any other determination that constitutes final resolution	152
of the case;	153

(e) A statement of the original charge with the section of	154
the Revised Code that was alleged to be violated;	155

(f) If the person or child was convicted, pleaded guilty, or	156
was adjudicated a delinquent child, the sentence or terms of	157
probation imposed or any other disposition of the offender or the	158
delinquent child.	159

If the offense involved the disarming of a law enforcement	160
officer or an attempt to disarm a law enforcement officer, the	161
clerk shall clearly state that fact in the summary, and the	162
superintendent shall ensure that a clear statement of that fact is	163
placed in the bureau's records.	164

(3) The superintendent shall cooperate with and assist	165
sheriffs, chiefs of police, and other law enforcement officers in	166
the establishment of a complete system of criminal identification	167
and in obtaining fingerprints and other means of identification of	168
all persons arrested on a charge of a felony, any crime	169
constituting a misdemeanor on the first offense and a felony on	170
subsequent offenses, or a misdemeanor described in division	171
(A)(1)(a), (A)(8)(a), or (A)(10)(a) of section 109.572 of the	172
Revised Code and of all children under eighteen years of age	173
arrested or otherwise taken into custody for committing an act	174
that would be a felony or an offense of violence if committed by	175
an adult. The superintendent also shall file for record the	176
fingerprint impressions of all persons confined in a county,	177
multicounty, municipal, municipal-county, or multicounty-municipal	178
jail or workhouse, community-based correctional facility, halfway	179
house, alternative residential facility, or state correctional	180
institution for the violation of state laws and of all children	181
under eighteen years of age who are confined in a county,	182
multicounty, municipal, municipal-county, or multicounty-municipal	183
jail or workhouse, community-based correctional facility, halfway	184
house, alternative residential facility, or state correctional	185
institution or in any facility for delinquent children for	186
committing an act that would be a felony or an offense of violence	187
if committed by an adult, and any other information that the	188
superintendent may receive from law enforcement officials of the	189
state and its political subdivisions.	190

(4) The superintendent shall carry out Chapter 2950. of the	191
Revised Code with respect to the registration of persons who are	192
convicted of or plead guilty to a sexually oriented offense or a	193
child-victim oriented offense and with respect to all other duties	194
imposed on the bureau under that chapter.	195

(5) The bureau shall perform centralized recordkeeping	196
functions for criminal history records and services in this state	197
for purposes of the national crime prevention and privacy compact	198
set forth in section 109.571 of the Revised Code and is the	199
criminal history record repository as defined in that section for	200
purposes of that compact. The superintendent or the	201
superintendent's designee is the compact officer for purposes of	202
that compact and shall carry out the responsibilities of the	203
compact officer specified in that compact.	204

(B) The superintendent shall prepare and furnish to every	205
county, multicounty, municipal, municipal-county, or	206
multicounty-municipal jail or workhouse, community-based	207
correctional facility, halfway house, alternative residential	208
facility, or state correctional institution and to every clerk of	209
a court in this state specified in division (A)(2) of this section	210
standard forms for reporting the information required under	211
division (A) of this section. The standard forms that the	212
superintendent prepares pursuant to this division may be in a	213
tangible format, in an electronic format, or in both tangible	214
formats and electronic formats.	215

(C)(1) The superintendent may operate a center for	216
electronic, automated, or other data processing for the storage	217
and retrieval of information, data, and statistics pertaining to	218
criminals and to children under eighteen years of age who are	219
adjudicated delinquent children for committing an act that would	220
be a felony or an offense of violence if committed by an adult,	221
criminal activity, crime prevention, law enforcement, and criminal	222
justice, and may establish and operate a statewide communications	223
network to be known as the Ohio law enforcement gateway to gather	224
and disseminate information, data, and statistics for the use of	225
law enforcement agencies and for other uses specified in this	226
division. The superintendent may gather, store, retrieve, and	227
disseminate information, data, and statistics that pertain to	228
children who are under eighteen years of age and that are gathered	229
pursuant to sections 109.57 to 109.61 of the Revised Code together	230
with information, data, and statistics that pertain to adults and	231
that are gathered pursuant to those sections.	232

(2) The superintendent or the superintendent's designee shall	233
gather information of the nature described in division (C)(1) of	234
this section that pertains to the offense and delinquency history	235
of a person who has been convicted of, pleaded guilty to, or been	236
adjudicated a delinquent child for committing a sexually oriented	237
offense or a child-victim oriented offense for inclusion in the	238
state registry of sex offenders and child-victim offenders	239
maintained pursuant to division (A)(1) of section 2950.13 of the	240
Revised Code and in the internet database operated pursuant to	241
division (A)(13) of that section and for possible inclusion in the	242
internet database operated pursuant to division (A)(11) of that	243
section.	244

(3) In addition to any other authorized use of information,	245
data, and statistics of the nature described in division (C)(1) of	246
this section, the superintendent or the superintendent's designee	247
may provide and exchange the information, data, and statistics	248
pursuant to the national crime prevention and privacy compact as	249
described in division (A)(5) of this section.	250

(4) The attorney general may adopt rules under Chapter 119.	251
of the Revised Code establishing guidelines for the operation of	252
and participation in the Ohio law enforcement gateway. The rules	253
may include criteria for granting and restricting access to	254
information gathered and disseminated through the Ohio law	255
enforcement gateway. The attorney general may appoint a steering	256
committee to advise the attorney general in the operation of the	257
Ohio law enforcement gateway that is comprised of persons who are	258
representatives of the criminal justice agencies in this state	259
that use the Ohio law enforcement gateway and is chaired by the	260
superintendent or the superintendent's designee.	261

(D)(1) The informationfollowing are not public records under	262
section 149.43 of the Revised Code:	263

(a) Information and materials furnished to the superintendent	264
pursuant to division (A) of this section and information;	265

(b) Information, data, and statistics gathered or	266
disseminated through the Ohio law enforcement gateway pursuant to	267
division (C)(1) of this section;	268

(c) Information and materials furnished to any board or	269
person under division (F) or (G) of this section are not public	270
records under section 149.43 of the Revised Code.	271

(2) The superintendent or the superintendent's designee shall	272
gather and retain information so furnished under division (A) of	273
this section that pertains to the offense and delinquency history	274
of a person who has been convicted of, pleaded guilty to, or been	275
adjudicated a delinquent child for committing a sexually oriented	276
offense or a child-victim oriented offense for the purposes	277
described in division (C)(2) of this section.	278

(E) The attorney general shall adopt rules, in accordance	279
with Chapter 119. of the Revised Code, setting forth the procedure	280
by which a person may receive or release information gathered by	281
the superintendent pursuant to division (A) of this section. A	282
reasonable fee may be charged for this service. If a temporary	283
employment service submits a request for a determination of	284
whether a person the service plans to refer to an employment	285
position has been convicted of or pleaded guilty to an offense	286
listed in division (A)(1), (3), (4), (5), or (6) of section	287
109.572 of the Revised Code, the request shall be treated as a	288
single request and only one fee shall be charged.	289

(F)(1) As used in division (F)(2) of this section, "head	290
start agency" means an entity in this state that has been approved	291
to be an agency for purposes of subchapter II of the "Community	292
Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831,	293
as amended.	294

(2)(a) In addition to or in conjunction with any request that	295
is required to be made under section 109.572, 2151.86, 3301.32,	296
3301.541, 3319.39, 3319.391, 3327.10, 3701.881, 5104.012,	297
5104.013, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised	298
Code or that is made under section 3314.41, 3319.392, or 3326.25	299
of the Revised Code, the board of education of any school	300
district; the director of developmental disabilities; any county	301
board of developmental disabilities; any entity under contract	302
with a county board of developmental disabilities; the chief	303
administrator of any chartered nonpublic school; the chief	304
administrator of any home health agency; the chief administrator	305
of or person operating any child day-care center, type A family	306
day-care home, or type B family day-care home licensed or	307
certified under Chapter 5104. of the Revised Code; the	308
administrator of any type C family day-care home certified	309
pursuant to Section 1 of Sub. H.B. 62 of the 121st general	310
assembly or Section 5 of Am. Sub. S.B. 160 of the 121st general	311
assembly; the chief administrator of any head start agency; the	312
executive director of a public children services agency; a private	313
company described in section 3314.41, 3319.392, or 3326.25 of the	314
Revised Code; or an employer described in division (J)(2) of	315
section 3327.10 of the Revised Code may request that the	316
superintendent of the bureau investigate and determine, with	317
respect to any individual who has applied for employment in any	318
position after October 2, 1989, or any individual wishing to apply	319
for employment with a board of education may request, with regard	320
to the individual, whether the bureau has any information gathered	321
under division (A) of this section that pertains to that	322
individual. On receipt of the request, the superintendent shall	323
determine whether that information exists and, upon request of the	324
person, board, or entity requesting information, also shall	325
request from the federal bureau of investigation any criminal	326
records it has pertaining to that individual. The superintendent	327
or the superintendent's designee also may request criminal history	328
records from other states or the federal government pursuant to	329
the national crime prevention and privacy compact set forth in	330
section 109.571 of the Revised Code. Within thirty days of the	331
date that the superintendent receives a request, the	332
superintendent shall send to the board, entity, or person a report	333
of any information that the superintendent determines exists,	334
including information contained in records that have been sealed	335
under section 2953.32 of the Revised Code, and, within thirty days	336
of its receipt, shall send the board, entity, or person a report	337
of any information received from the federal bureau of	338
investigation, other than information the dissemination of which	339
is prohibited by federal law.	340

(b) When a board of education is required to receive	341
information under this section as a prerequisite to employment of	342
an individual pursuant to section 3319.39 of the Revised Code, it	343
may accept a certified copy of records that were issued by the	344
bureau of criminal identification and investigation and that are	345
presented by an individual applying for employment with the	346
district in lieu of requesting that information itself. In such a	347
case, the board shall accept the certified copy issued by the	348
bureau in order to make a photocopy of it for that individual's	349
employment application documents and shall return the certified	350
copy to the individual. In a case of that nature, a district only	351
shall accept a certified copy of records of that nature within one	352
year after the date of their issuance by the bureau.	353

(c) Notwithstanding division (F)(2)(a) of this section, in	354
the case of a request under section 3319.39, 3319.391, or 3327.10	355
of the Revised Code only for criminal records maintained by the	356
federal bureau of investigation, the superintendent shall not	357
determine whether any information gathered under division (A) of	358
this section exists on the person for whom the request is made.	359

(3) The state board of education may request, with respect to	360
any individual who has applied for employment after October 2,	361
1989, in any position with the state board or the department of	362
education, any information that a school district board of	363
education is authorized to request under division (F)(2) of this	364
section, and the superintendent of the bureau shall proceed as if	365
the request has been received from a school district board of	366
education under division (F)(2) of this section.	367

(4) When the superintendent of the bureau receives a request	368
for information under section 3319.291 of the Revised Code, the	369
superintendent shall proceed as if the request has been received	370
from a school district board of education and shall comply with	371
divisions (F)(2)(a) and (c) of this section.	372

(5) When a recipient of a classroom reading improvement grant	373
paid under section 3301.86 of the Revised Code requests, with	374
respect to any individual who applies to participate in providing	375
any program or service funded in whole or in part by the grant,	376
the information that a school district board of education is	377
authorized to request under division (F)(2)(a) of this section,	378
the superintendent of the bureau shall proceed as if the request	379
has been received from a school district board of education under	380
division (F)(2)(a) of this section.	381

(G) In addition to or in conjunction with any request that is	382
required to be made under section 3701.881, 3712.09, 3721.121, or	383
3722.151 of the Revised Code with respect to an individual who has	384
applied for employment in a position that involves providing	385
direct care to an older adult, the chief administrator of a home	386
health agency, hospice care program, home licensed under Chapter	387
3721. of the Revised Code, adult day-care program operated	388
pursuant to rules adopted under section 3721.04 of the Revised	389
Code, or adult care facility may request that the superintendent	390
of the bureau investigate and determine, with respect to any	391
individual who has applied after January 27, 1997, for employment	392
in a position that does not involve providing direct care to an	393
older adult, whether the bureau has any information gathered under	394
division (A) of this section that pertains to that individual.	395

In addition to or in conjunction with any request that is	396
required to be made under section 173.27 of the Revised Code with	397
respect to an individual who has applied for employment in a	398
position that involves providing ombudsperson services to	399
residents of long-term care facilities or recipients of	400
community-based long-term care services, the state long-term care	401
ombudsperson, ombudsperson's designee, or director of health may	402
request that the superintendent investigate and determine, with	403
respect to any individual who has applied for employment in a	404
position that does not involve providing such ombudsperson	405
services, whether the bureau has any information gathered under	406
division (A) of this section that pertains to that applicant.	407

In addition to or in conjunction with any request that is	408
required to be made under section 173.394 of the Revised Code with	409
respect to an individual who has applied for employment in a	410
position that involves providing direct care to an individual, the	411
chief administrator of a community-based long-term care agency may	412
request that the superintendent investigate and determine, with	413
respect to any individual who has applied for employment in a	414
position that does not involve providing direct care, whether the	415
bureau has any information gathered under division (A) of this	416
section that pertains to that applicant.	417

On receipt of a request under this division, the	418
superintendent shall determine whether that information exists	419
and, on request of the individual requesting information, shall	420
also request from the federal bureau of investigation any criminal	421
records it has pertaining to the applicant. The superintendent or	422
the superintendent's designee also may request criminal history	423
records from other states or the federal government pursuant to	424
the national crime prevention and privacy compact set forth in	425
section 109.571 of the Revised Code. Within thirty days of the	426
date a request is received, the superintendent shall send to the	427
requester a report of any information determined to exist,	428
including information contained in records that have been sealed	429
under section 2953.32 of the Revised Code, and, within thirty days	430
of its receipt, shall send the requester a report of any	431
information received from the federal bureau of investigation,	432
other than information the dissemination of which is prohibited by	433
federal law.	434

(H) Information obtained by a government entity or person	435
under this section is confidential and shall not be released or	436
disseminated.	437

(I) The superintendent may charge a reasonable fee for	438
providing information or criminal records under division (F)(2) or	439
(G) of this section.	440

(J) As used in this section, "sexually oriented offense" and	441
"child-victim oriented offense" have the same meanings as in	442
section 2950.01 of the Revised Code.	443

Sec. 2151.23.  (A) The juvenile court has exclusive original	444
jurisdiction under the Revised Code as follows:	445

(1) Concerning any child who on or about the date specified	446
in the complaint, indictment, or information is alleged to have	447
violated section 2151.87 of the Revised Code or an order issued	448
under that section or to be a juvenile traffic offender or a	449
delinquent, unruly, abused, neglected, or dependent child and,	450
based on and in relation to the allegation pertaining to the	451
child, concerning the parent, guardian, or other person having	452
care of a child who is alleged to be an unruly or delinquent child	453
for being an habitual or chronic truant;	454

(2) Subject to divisions (G), (K), and (V) of section 2301.03	455
of the Revised Code, to determine the custody of any child not a	456
ward of another court of this state;	457

(3) To hear and determine any application for a writ of	458
habeas corpus involving the custody of a child;	459

(4) To exercise the powers and jurisdiction given the probate	460
division of the court of common pleas in Chapter 5122. of the	461
Revised Code, if the court has probable cause to believe that a	462
child otherwise within the jurisdiction of the court is a mentally	463
ill person subject to hospitalization by court order, as defined	464
in section 5122.01 of the Revised Code;	465

(5) To hear and determine all criminal cases charging adults	466
with the violation of any section of this chapter;	467

(6) To hear and determine all criminal cases in which an	468
adult is charged with a violation of division (C) of section	469
2919.21, division (B)(1) of section 2919.22, section 2919.222,	470
division (B) of section 2919.23, or section 2919.24 of the Revised	471
Code, provided the charge is not included in an indictment that	472
also charges the alleged adult offender with the commission of a	473
felony arising out of the same actions that are the basis of the	474
alleged violation of division (C) of section 2919.21, division	475
(B)(1) of section 2919.22, section 2919.222, division (B) of	476
section 2919.23, or section 2919.24 of the Revised Code;	477

(7) Under the interstate compact on juveniles in section	478
2151.56 of the Revised Code;	479

(8) Concerning any child who is to be taken into custody	480
pursuant to section 2151.31 of the Revised Code, upon being	481
notified of the intent to take the child into custody and the	482
reasons for taking the child into custody;	483

(9) To hear and determine requests for the extension of	484
temporary custody agreements, and requests for court approval of	485
permanent custody agreements, that are filed pursuant to section	486
5103.15 of the Revised Code;	487

(10) To hear and determine applications for consent to marry	488
pursuant to section 3101.04 of the Revised Code;	489

(11) Subject to divisions (G), (K), and (V) of section	490
2301.03 of the Revised Code, to hear and determine a request for	491
an order for the support of any child if the request is not	492
ancillary to an action for divorce, dissolution of marriage,	493
annulment, or legal separation, a criminal or civil action	494
involving an allegation of domestic violence, or an action for	495
support brought under Chapter 3115. of the Revised Code;	496

(12) Concerning an action commenced under section 121.38 of	497
the Revised Code;	498

(13) To hear and determine violations of section 3321.38 of	499
the Revised Code;	500

(14) To exercise jurisdiction and authority over the parent,	501
guardian, or other person having care of a child alleged to be a	502
delinquent child, unruly child, or juvenile traffic offender,	503
based on and in relation to the allegation pertaining to the	504
child;	505

(15) To conduct the hearings, and to make the determinations,	506
adjudications, and orders authorized or required under sections	507
2152.82 to 2152.86 and Chapter 2950. of the Revised Code regarding	508
a child who has been adjudicated a delinquent child and to refer	509
the duties conferred upon the juvenile court judge under sections	510
2152.82 to 2152.86 and Chapter 2950. of the Revised Code to	511
magistrates appointed by the juvenile court judge in accordance	512
with Juvenile Rule 40;	513

(16) To hear and determine a petition for a protection order	514
against a child under section 2151.34 or 3113.31 of the Revised	515
Code and to enforce a protection order issued or a consent	516
agreement approved under either section against a child until a	517
date certain but not later than the date the child attains	518
nineteen years of age.	519

(B) Except as provided in divisions (G) and (I) of section	520
2301.03 of the Revised Code, the juvenile court has original	521
jurisdiction under the Revised Code:	522

(1) To hear and determine all cases of misdemeanors charging	523
adults with any act or omission with respect to any child, which	524
act or omission is a violation of any state law or any municipal	525
ordinance;	526

(2) To determine the paternity of any child alleged to have	527
been born out of wedlock pursuant to sections 3111.01 to 3111.18	528
of the Revised Code;	529

(3) Under the uniform interstate family support act in	530
Chapter 3115. of the Revised Code;	531

(4) To hear and determine an application for an order for the	532
support of any child, if the child is not a ward of another court	533
of this state;	534

(5) To hear and determine an action commenced under section	535
3111.28 of the Revised Code;	536

(6) To hear and determine a motion filed under section	537
3119.961 of the Revised Code;	538

(7) To receive filings under section 3109.74 of the Revised	539
Code, and to hear and determine actions arising under sections	540
3109.51 to 3109.80 of the Revised Code.	541

(8) To enforce an order for the return of a child made under	542
the Hague Convention on the Civil Aspects of International Child	543
Abduction pursuant to section 3127.32 of the Revised Code;	544

(9) To grant any relief normally available under the laws of	545
this state to enforce a child custody determination made by a	546
court of another state and registered in accordance with section	547
3127.35 of the Revised Code.	548

(C) The juvenile court, except as to juvenile courts that are	549
a separate division of the court of common pleas or a separate and	550
independent juvenile court, has jurisdiction to hear, determine,	551
and make a record of any action for divorce or legal separation	552
that involves the custody or care of children and that is filed in	553
the court of common pleas and certified by the court of common	554
pleas with all the papers filed in the action to the juvenile	555
court for trial, provided that no certification of that nature	556
shall be made to any juvenile court unless the consent of the	557
juvenile judge first is obtained. After a certification of that	558
nature is made and consent is obtained, the juvenile court shall	559
proceed as if the action originally had been begun in that court,	560
except as to awards for spousal support or support due and unpaid	561
at the time of certification, over which the juvenile court has no	562
jurisdiction.	563

(D) The juvenile court, except as provided in divisions (G)	564
and (I) of section 2301.03 of the Revised Code, has jurisdiction	565
to hear and determine all matters as to custody and support of	566
children duly certified by the court of common pleas to the	567
juvenile court after a divorce decree has been granted, including	568
jurisdiction to modify the judgment and decree of the court of	569
common pleas as the same relate to the custody and support of	570
children.	571

(E) The juvenile court, except as provided in divisions (G)	572
and (I) of section 2301.03 of the Revised Code, has jurisdiction	573
to hear and determine the case of any child certified to the court	574
by any court of competent jurisdiction if the child comes within	575
the jurisdiction of the juvenile court as defined by this section.	576

(F)(1) The juvenile court shall exercise its jurisdiction in	577
child custody matters in accordance with sections 3109.04 and	578
3127.01 to 3127.53 of the Revised Code and, as applicable,	579
sections 5103.20 to 5103.22 or 5103.23 to 5103.237 of the Revised	580
Code.	581

(2) The juvenile court shall exercise its jurisdiction in	582
child support matters in accordance with section 3109.05 of the	583
Revised Code.	584

(G) Any juvenile court that makes or modifies an order for	585
child support shall comply with Chapters 3119., 3121., 3123., and	586
3125. of the Revised Code. If any person required to pay child	587
support under an order made by a juvenile court on or after April	588
15, 1985, or modified on or after December 1, 1986, is found in	589
contempt of court for failure to make support payments under the	590
order, the court that makes the finding, in addition to any other	591
penalty or remedy imposed, shall assess all court costs arising	592
out of the contempt proceeding against the person and require the	593
person to pay any reasonable attorney's fees of any adverse party,	594
as determined by the court, that arose in relation to the act of	595
contempt.	596

(H) If a child who is charged with an act that would be an	597
offense if committed by an adult was fourteen years of age or	598
older and under eighteen years of age at the time of the alleged	599
act and if the case is transferred for criminal prosecution	600
pursuant to section 2152.12 of the Revised Code, the juvenile	601
court does not have jurisdiction to hear or determine the case	602
subsequent to the transfer. The court to which the case is	603
transferred for criminal prosecution pursuant to that section has	604
jurisdiction subsequent to the transfer to hear and determine the	605
case in the same manner as if the case originally had been	606
commenced in that court, including, but not limited to,	607
jurisdiction to accept a plea of guilty or another plea authorized	608
by Criminal Rule 11 or another section of the Revised Code and	609
jurisdiction to accept a verdict and to enter a judgment of	610
conviction pursuant to the Rules of Criminal Procedure against the	611
child for the commission of the offense that was the basis of the	612
transfer of the case for criminal prosecution, whether the	613
conviction is for the same degree or a lesser degree of the	614
offense charged, for the commission of a lesser-included offense,	615
or for the commission of another offense that is different from	616
the offense charged.	617

(I) If a person under eighteen years of age allegedly commits	618
an act that would be a felony if committed by an adult and if the	619
person is not taken into custody or apprehended for that act until	620
after the person attains twenty-one years of age, the juvenile	621
court does not have jurisdiction to hear or determine any portion	622
of the case charging the person with committing that act. In those	623
circumstances, divisions (A) and (B) of section 2152.12 of the	624
Revised Code do not apply regarding the act, and the case charging	625
the person with committing the act shall be a criminal prosecution	626
commenced and heard in the appropriate court having jurisdiction	627
of the offense as if the person had been eighteen years of age or	628
older when the person committed the act. All proceedings	629
pertaining to the act shall be within the jurisdiction of the	630
court having jurisdiction of the offense, and that court has all	631
the authority and duties in the case that it has in other criminal	632
cases in that court.	633

(J) In exercising its exclusive original jurisdiction under	634
division (A)(16) of this section with respect to any proceedings	635
brought under section 2151.34 or 3113.31 of the Revised Code in	636
which the respondent is a child, the juvenile court retains all	637
dispositionary powers consistent with existing rules of juvenile	638
procedure and may also exercise its discretion to adjudicate	639
proceedings as provided in sections 2151.34 and 3113.31 of the	640
Revised Code, including the issuance of protection orders or the	641
approval of consent agreements under those sections.	642

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

643

(1) "Court" means the juvenile division of the court of	644
common pleas of the county in which the person to be protected by	645
the protection order resides.	646

(2) "Victim advocate" means a person who provides support and	647
assistance for a person who files a petition under this section.	648

(3) "Family or household member" has the same meaning as in	649
section 3113.31 of the Revised Code.	650

(4) "Protection order issued by a court of another state" has	651
the same meaning as in section 2919.27 of the Revised Code.	652

(5) "Petitioner" means a person who files a petition under	653
this section and includes a person on whose behalf a petition	654
under this section is filed.	655

(6) "Respondent" means a person who is under eighteen years	656
of age and against whom a petition is filed under this section.	657

(7) "Sexually oriented offense" has the same meaning as in	658
section 2950.01 of the Revised Code.	659

(8) "Electronic monitoring" has the same meaning as in	660
section 2929.01 of the Revised Code.	661

(B) The court has jurisdiction over all proceedings under	662
this section.	663

(C)(1) Any of the following persons may seek relief under	664
this section by filing a petition with the court:	665

(a) Any person on behalf of that person;

666

(b) Any parent or adult family or household member on behalf	667
of any other family or household member;	668

(c) Any person who is determined by the court in its	669
discretion as an appropriate person to seek relief under this	670
section on behalf of any child.	671

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

672

(a) An allegation that the respondent engaged in a violation	673
of section 2903.11, 2903.12, 2903.13, 2903.21, 2903.211, 2903.22,	674
or 2911.211 of the Revised Code, committed a sexually oriented	675
offense, or engaged in a violation of any municipal ordinance that	676
is substantially equivalent to any of those offenses against the	677
person to be protected by the protection order, including a	678
description of the nature and extent of the violation;	679

(b) If the petitioner seeks relief in the form of electronic	680
monitoring of the respondent, an allegation that at any time	681
preceding the filing of the petition the respondent engaged in	682
conduct that would cause a reasonable person to believe that the	683
health, welfare, or safety of the person to be protected was at	684
risk, a description of the nature and extent of that conduct, and	685
an allegation that the respondent presents a continuing danger to	686
the person to be protected;	687

(c) A request for relief under this section.

688

(3) The court in its discretion may determine whether or not	689
to give notice that a petition has been filed under division	690
(C)(1) of this section on behalf of a child to any of the	691
following:	692

(a) A parent of the child if the petition was filed by any	693
person other than a parent of the child;	694

(b) Any person who is determined by the court to be an	695
appropriate person to receive notice of the filing of the	696
petition.	697

(D)(1) If a person who files a petition pursuant to this	698
section requests an ex parte order, the court shall hold an ex	699
parte hearing as soon as possible after the petition is filed, but	700
not later than the next day after the court is in session after	701
the petition is filed. The court, for good cause shown at the ex	702
parte hearing, may enter any temporary orders, with or without	703
bond, that the court finds necessary for the safety and protection	704
of the person to be protected by the order. Immediate and present	705
danger to the person to be protected by the protection order	706
constitutes good cause for purposes of this section. Immediate and	707
present danger includes, but is not limited to, situations in	708
which the respondent has threatened the person to be protected by	709
the protection order with bodily harm or in which the respondent	710
previously has been convicted of, pleaded guilty to, or been	711
adjudicated a delinquent child for committing a violation of	712
section 2903.11, 2903.12, 2903.13, 2903.21, 2903.211, 2903.22, or	713
2911.211 of the Revised Code, a sexually oriented offense, or a	714
violation of any municipal ordinance that is substantially	715
equivalent to any of those offenses against the person to be	716
protected by the protection order.	717

(2)(a) If the court, after an ex parte hearing, issues a	718
protection order described in division (E) of this section, the	719
court shall schedule a full hearing for a date that is within ten	720
court days after the ex parte hearing. The court shall give the	721
respondent notice of, and an opportunity to be heard at, the full	722
hearing. The court also shall give notice of the full hearing to	723
the parent, guardian, or legal custodian of the respondent. The	724
court shall hold the full hearing on the date scheduled under this	725
division unless the court grants a continuance of the hearing in	726
accordance with this division. Under any of the following	727
circumstances or for any of the following reasons, the court may	728
grant a continuance of the full hearing to a reasonable time	729
determined by the court:	730

(i) Prior to the date scheduled for the full hearing under	731
this division, the respondent has not been served with the	732
petition filed pursuant to this section and notice of the full	733
hearing.	734

(ii) The parties consent to the continuance.

735

(iii) The continuance is needed to allow a party to obtain	736
counsel.	737

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

738

(b) An ex parte order issued under this section does not	739
expire because of a failure to serve notice of the full hearing	740
upon the respondent before the date set for the full hearing under	741
division (D)(2)(a) of this section or because the court grants a	742
continuance under that division.	743

(3) If a person who files a petition pursuant to this section	744
does not request an ex parte order, or if a person requests an ex	745
parte order but the court does not issue an ex parte order after	746
an ex parte hearing, the court shall proceed as in a normal civil	747
action and grant a full hearing on the matter.	748

(E)(1)(a) After an ex parte or full hearing, the court may	749
issue any protection order, with or without bond, that contains	750
terms designed to ensure the safety and protection of the person	751
to be protected by the protection order.	752

(b) After a full hearing, if the court considering a petition	753
that includes an allegation of the type described in division	754
(C)(2)(b) of this section or the court, upon its own motion, finds	755
upon clear and convincing evidence that the petitioner reasonably	756
believed that the respondent's conduct at any time preceding the	757
filing of the petition endangered the health, welfare, or safety	758
of the person to be protected and that the respondent presents a	759
continuing danger to the person to be protected and if division	760
(N) of this section does not prohibit the issuance of an order	761
that the respondent be electronically monitored, the court may	762
order that the respondent be electronically monitored for a period	763
of time and under the terms and conditions that the court	764
determines are appropriate. Electronic monitoring shall be in	765
addition to any other relief granted to the petitioner.	766

(2)(a) Any protection order issued pursuant to this section	767
shall be valid until a date certain but not later than the date	768
the respondent attains nineteen years of age.	769

(b) Any protection order issued pursuant to this section may	770
be renewed in the same manner as the original order was issued.	771

(3) A court may not issue a protection order that requires a	772
petitioner to do or to refrain from doing an act that the court	773
may require a respondent to do or to refrain from doing under	774
division (E)(1) of this section unless all of the following apply:	775

(a) The respondent files a separate petition for a protection	776
order in accordance with this section.	777

(b) The petitioner is served with notice of the respondent's	778
petition at least forty-eight hours before the court holds a	779
hearing with respect to the respondent's petition, or the	780
petitioner waives the right to receive this notice.	781

(c) If the petitioner has requested an ex parte order	782
pursuant to division (D) of this section, the court does not delay	783
any hearing required by that division beyond the time specified in	784
that division in order to consolidate the hearing with a hearing	785
on the petition filed by the respondent.	786

(d) After a full hearing at which the respondent presents	787
evidence in support of the request for a protection order and the	788
petitioner is afforded an opportunity to defend against that	789
evidence, the court determines that the petitioner has committed a	790
violation of section 2903.11, 2903.12, 2903.13, 2903.21, 2903.211,	791
2903.22, or 2911.211 of the Revised Code, a sexually oriented	792
offense, or a violation of any municipal ordinance that is	793
substantially equivalent to any of those offenses against the	794
person to be protected by the protection order issued pursuant to	795
division (E)(3) of this section, or has violated a protection	796
order issued pursuant to this section or section 2903.213 of the	797
Revised Code relative to the person to be protected by the	798
protection order issued pursuant to division (E)(3) of this	799
section.	800

(4) No protection order issued pursuant to this section shall	801
in any manner affect title to any real property.	802

(5)(a) A protection order issued under this section shall	803
clearly state that the person to be protected by the order cannot	804
waive or nullify by invitation or consent any requirement in the	805
order.	806

(b) Division (E)(5)(a) of this section does not limit any	807
discretion of a court to determine that a respondent alleged to	808
have violated section 2919.27 of the Revised Code, violated a	809
municipal ordinance substantially equivalent to that section, or	810
committed contempt of court, which allegation is based on an	811
alleged violation of a protection order issued under this section,	812
did not commit the violation or was not in contempt of court.	813

(6) Any protection order issued pursuant to this section	814
shall include a provision that the court will automatically seal	815
all of the records of the proceeding in which the order is issued	816
on the date the respondent attains the age of nineteen years	817
unless the petitioner provides the court with evidence that the	818
respondent has not complied with all of the terms of the	819
protection order. The protection order shall specify the date when	820
the respondent attains the age of nineteen years.	821

(F)(1) The court shall cause the delivery of a copy of any	822
protection order that is issued under this section to the	823
petitioner, to the respondent, and to all law enforcement agencies	824
that have jurisdiction to enforce the order. The court shall	825
direct that a copy of the order be delivered to the respondent and	826
the parent, guardian, or legal custodian of the respondent on the	827
same day that the order is entered.	828

(2) Upon the issuance of a protection order under this	829
section, the court shall provide the parties to the order with the	830
following notice orally or by form:	831

"NOTICE	832

As a result of this order, it may be unlawful for you to	833
possess or purchase a firearm, including a rifle, pistol, or	834
revolver, or ammunition pursuant to federal law under 18 U.S.C.	835
922(g)(8). If you have any questions whether this law makes it	836
illegal for you to possess or purchase a firearm or ammunition,	837
you should consult an attorney."	838

(3) All law enforcement agencies shall establish and maintain	839
an index for the protection orders delivered to the agencies	840
pursuant to division (F)(1) of this section. With respect to each	841
order delivered, each agency shall note on the index the date and	842
time that it received the order.	843

(4) Regardless of whether the petitioner has registered the	844
protection order in the county in which the officer's agency has	845
jurisdiction pursuant to division (M) of this section, any officer	846
of a law enforcement agency shall enforce a protection order	847
issued pursuant to this section by any court in this state in	848
accordance with the provisions of the order, including removing	849
the respondent from the premises, if appropriate.	850

(G) Any proceeding under this section shall be conducted in	851
accordance with the Rules of Civil Procedure, except that a	852
protection order may be obtained under this section with or	853
without bond. An order issued under this section, other than an ex	854
parte order, that grants a protection order, or that refuses to	855
grant a protection order, is a final, appealable order. The	856
remedies and procedures provided in this section are in addition	857
to, and not in lieu of, any other available civil or criminal	858
remedies or any other available remedies under Chapter 2151. or	859
2152. of the Revised Code.	860

(H) The filing of proceedings under this section does not	861
excuse a person from filing any report or giving any notice	862
required by section 2151.421 of the Revised Code or by any other	863
law.	864

(I) Any law enforcement agency that investigates an alleged	865
violation of section 2903.11, 2903.12, 2903.13, 2903.21, 2903.211,	866
2903.22, or 2911.211 of the Revised Code, an alleged commission of	867
a sexually oriented offense, or an alleged violation of a	868
municipal ordinance that is substantially equivalent to any of	869
those offenses shall provide information to the victim and the	870
family or household members of the victim regarding the relief	871
available under this section.	872

(J) Notwithstanding any provision of law to the contrary and	873
regardless of whether a protection order is issued or a consent	874
agreement is approved by a court of another county or by a court	875
of another state, no court or unit of state or local government	876
shall charge any fee, cost, deposit, or money in connection with	877
the filing of a petition pursuant to this section, in connection	878
with the filing, issuance, registration, or service of a	879
protection order or consent agreement, or for obtaining a	880
certified copy of a protection order or consent agreement.	881

(K)(1) A person who violates a protection order issued under	882
this section is subject to the following sanctions:	883

(a) A delinquent child proceeding or a criminal prosecution	884
for a violation of section 2919.27 of the Revised Code, if the	885
violation of the protection order constitutes a violation of that	886
section;	887

(b) Punishment for contempt of court.

888

(2) The punishment of a person for contempt of court for	889
violation of a protection order issued under this section does not	890
bar criminal prosecution of the person or a delinquent child	891
proceeding concerning the person for a violation of section	892
2919.27 of the Revised Code. However, a person punished for	893
contempt of court is entitled to credit for the punishment imposed	894
upon conviction of or adjudication as a delinquent child for a	895
violation of that section, and a person convicted of or	896
adjudicated a delinquent child for a violation of that section	897
shall not subsequently be punished for contempt of court arising	898
out of the same activity.	899

(L) In all stages of a proceeding under this section, a	900
petitioner may be accompanied by a victim advocate.	901

(M)(1) A petitioner who obtains a protection order under this	902
section may provide notice of the issuance or approval of the	903
order to the judicial and law enforcement officials in any county	904
other than the county in which the order is issued by registering	905
that order in the other county pursuant to division (M)(2) of this	906
section and filing a copy of the registered order with a law	907
enforcement agency in the other county in accordance with that	908
division. A person who obtains a protection order issued by a	909
court of another state may provide notice of the issuance of the	910
order to the judicial and law enforcement officials in any county	911
of this state by registering the order in that county pursuant to	912
section 2919.272 of the Revised Code and filing a copy of the	913
registered order with a law enforcement agency in that county.	914

(2) A petitioner may register a protection order issued	915
pursuant to this section in a county other than the county in	916
which the court that issued the order is located in the following	917
manner:	918

(a) The petitioner shall obtain a certified copy of the order	919
from the clerk of the court that issued the order and present that	920
certified copy to the clerk of the court of common pleas or the	921
clerk of a municipal court or county court in the county in which	922
the order is to be registered.	923

(b) Upon accepting the certified copy of the order for	924
registration, the clerk of the court of common pleas, municipal	925
court, or county court shall place an endorsement of registration	926
on the order and give the petitioner a copy of the order that	927
bears that proof of registration.	928

(3) The clerk of each court of common pleas, municipal court,	929
or county court shall maintain a registry of certified copies of	930
protection orders that have been issued by courts in other	931
counties pursuant to this section and that have been registered	932
with the clerk.	933

(N) If the court orders electronic monitoring of the	934
respondent under this section, the court shall direct the	935
sheriff's office or any other appropriate law enforcement agency	936
to install the electronic monitoring device and to monitor the	937
respondent. Unless the court determines that the respondent is	938
indigent, the court shall order the respondent to pay the cost of	939
the installation and monitoring of the electronic monitoring	940
device. If the court determines that the respondent is indigent	941
and subject to the maximum amount allowable to be paid in any year	942
from the fund and the rules promulgated by the attorney general	943
under section 2903.214 of the Revised Code, the cost of the	944
installation and monitoring of the electronic monitoring device	945
may be paid out of funds from the reparations fund created	946
pursuant to section 2743.191 of the Revised Code. The total amount	947
paid from the reparations fund created pursuant to section	948
2743.191 of the Revised Code for electronic monitoring under this	949
section and sections 2903.214 and 2919.27 of the Revised Code	950
shall not exceed three hundred thousand dollars per year. When the	951
total amount paid from the reparations fund in any year for	952
electronic monitoring under those sections equals or exceeds three	953
hundred thousand dollars, the court shall not order pursuant to	954
this section that an indigent respondent be electronically	955
monitored.	956

(O) The court, in its discretion, may determine if the	957
respondent is entitled to court-appointed counsel in a proceeding	958
under this section.	959

Sec. 2151.358. (A) The juvenile court shall expunge all	960
records sealed under section 2151.356 of the Revised Code five	961
years after the court issues a sealing order or upon the	962
twenty-third birthday of the person who is the subject of the	963
sealing order, whichever date is earlier.	964

(B) Notwithstanding division (A) of this section, upon	965
application by the person who has had a record sealed under	966
section 2151.356 of the Revised Code, the juvenile court may	967
expunge a record sealed under section 2151.356 of the Revised	968
Code. In making the determination whether to expunge records, all	969
of the following apply:	970

(1) The court may require a person filing an application for	971
expungement to submit any relevant documentation to support the	972
application.	973

(2) The court may cause an investigation to be made to	974
determine if the person who is the subject of the proceedings has	975
been rehabilitated to a satisfactory degree.	976

(3) The court shall promptly notify the prosecuting attorney	977
of any proceedings to expunge records.	978

(4)(a) The prosecuting attorney may file a response with the	979
court within thirty days of receiving notice of the expungement	980
proceedings.	981

(b) If the prosecuting attorney does not file a response with	982
the court or if the prosecuting attorney files a response but	983
indicates that the prosecuting attorney does not object to the	984
expungement of the records, the court may order the records of the	985
person that are under consideration to be expunged without	986
conducting a hearing on the application. If the court decides in	987
its discretion to conduct a hearing on the application, the court	988
shall conduct the hearing within thirty days after making that	989
decision and shall give notice, by regular mail, of the date,	990
time, and location of the hearing to the prosecuting attorney and	991
to the person who is the subject of the records under	992
consideration.	993

(c) If the prosecuting attorney files a response with the	994
court that indicates that the prosecuting attorney objects to the	995
expungement of the records, the court shall conduct a hearing on	996
the application within thirty days after the court receives the	997
response. The court shall give notice, by regular mail, of the	998
date, time, and location of the hearing to the prosecuting	999
attorney and to the person who is the subject of the records under	1000
consideration.	1001

(5) After conducting a hearing in accordance with division	1002
(B)(4) of this section or after due consideration when a hearing	1003
is not conducted, the court may order the records of the person	1004
that are the subject of the application to be expunged if it finds	1005
that the person has been rehabilitated to a satisfactory degree.	1006
In determining whether the person has been rehabilitated to a	1007
satisfactory degree, the court may consider all of the following:	1008

(a) The age of the person;

1009

(b) The nature of the case;

1010

(c) The cessation or continuation of delinquent, unruly, or	1011
criminal behavior;	1012

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

1013

(e) Any other circumstances that may relate to the	1014
rehabilitation of the person who is the subject of the records	1015
under consideration.	1016

(C) If the juvenile court is notified by any party in a civil	1017
action that a civil action has been filed based on a case the	1018
records for which are the subject of a sealing order, the juvenile	1019
court shall not expunge a record sealed under section 2151.356 of	1020
the Revised Code until the civil action has been resolved and is	1021
not subject to further appellate review, at which time the records	1022
shall be expunged pursuant to division (A) of this section.	1023

(D)(1) A juvenile court that issues a protection order or	1024
approves a consent agreement under section 2151.34 or 3113.31 of	1025
the Revised Code shall automatically seal all of the records of	1026
the proceeding in which the order was issued or agreement approved	1027
on the date the person against whom the protection order was	1028
issued or the consent agreement approved attains the age of	1029
nineteen years if the court determines that the person has	1030
complied with all of the terms of the protection order or consent	1031
agreement.	1032

(2) In a proceeding under section 2151.34 of the Revised	1033
Code, if the juvenile court does not issue any protection order	1034
under division (E) of that section, the court shall automatically	1035
seal all of the records in that proceeding. In a proceeding under	1036
section 3113.31 of the Revised Code, if the juvenile court does	1037
not issue any protection order or approve any consent agreement	1038
under division (E) of that section, the court shall automatically	1039
seal all of the records in that proceeding.	1040

(3)(a) If a juvenile court that issues a protection order or	1041
approves a consent agreement under section 2151.34 or 3113.31 of	1042
the Revised Code determines that the person against whom the	1043
protection order was issued or the consent agreement approved has	1044
not complied with all of the terms of the protection order or	1045
consent agreement, the court shall consider sealing all of the	1046
records of the proceeding in which the order was issued or	1047
agreement approved upon the court's own motion or upon the	1048
application of a person. The court may make the motion or the	1049
person who is the subject of the records under consideration may	1050
apply for an order sealing the records of the proceeding at any	1051
time after two years after the expiration of the protection order	1052
or consent agreement.	1053

(b) In making a determination whether to seal records	1054
pursuant to division (D)(3) of this section, all of the following	1055
apply:	1056

(i) The court may require a person filing an application	1057
under division (D)(3) of this section to submit any relevant	1058
documentation to support the application.	1059

(ii) The court shall promptly notify the victim or the	1060
victim's attorney of any proceedings to seal records initiated	1061
pursuant to division (D)(3) of this section.	1062

(iii) The victim or the victim's attorney may file a response	1063
with the court within thirty days of receiving notice of the	1064
sealing proceedings.	1065

If the victim or the victim's attorney does not file a	1066
response with the court or if the victim or the victim's attorney	1067
files a response but indicates that the victim or the victim's	1068
attorney does not object to the sealing of the records, the court	1069
may order the records of the person that are under consideration	1070
to be sealed without conducting a hearing on the motion or	1071
application. If the court decides in its discretion to conduct a	1072
hearing on the motion or application, the court shall conduct the	1073
hearing within thirty days after making that decision and shall	1074
give notice, by regular mail, of the date, time, and location of	1075
the hearing to the victim or the victim's attorney and to the	1076
person who is the subject of the records under consideration.	1077

If the victim or the victim's attorney files a response with	1078
the court that indicates that the victim or the victim's attorney	1079
objects to the sealing of the records, the court shall conduct a	1080
hearing on the motion or application within thirty days after the	1081
court receives the response. The court shall give notice, by	1082
regular mail, of the date, time, and location of the hearing to	1083
the victim or the victim's attorney and to the person who is the	1084
subject of the records under consideration.	1085

(iv) After conducting a hearing in accordance with division	1086
(D)(3)(b)(iii) of this section or after due consideration when a	1087
hearing is not conducted, the court may order the records of the	1088
person that are the subject of the motion or application to be	1089
sealed.	1090

(4) Inspection of the records sealed pursuant to division	1091
(D)(1), (2), or (3) of this section may be made only by the	1092
following persons or for the following purposes:	1093

(a) By a law enforcement officer or prosecutor, or the	1094
assistants of either, to determine whether the nature and	1095
character of the offense with which a person is to be charged	1096
would be affected by virtue of the person's previously having been	1097
convicted of a crime;	1098

(b) By the parole or probation officer of the person who is	1099
the subject of the records, for the exclusive use of the officer	1100
in supervising the person while on parole or under a community	1101
control sanction or a post-release control sanction, and in making	1102
inquiries and written reports as requested by the court or adult	1103
parole authority;	1104

(c) Upon application by the person who is the subject of the	1105
records, by the persons named in the application;	1106

(d) By a law enforcement officer who was involved in the	1107
case, for use in the officer's defense of a civil action arising	1108
out of the officer's involvement in that case;	1109

(e) By a prosecuting attorney or the prosecuting attorney's	1110
assistants, to determine a defendant's eligibility to enter a	1111
pre-trial diversion program established pursuant to section	1112
2935.36 of the Revised Code;	1113

(f) By any law enforcement agency or any authorized employee	1114
of a law enforcement agency or by the department of rehabilitation	1115
and correction as part of a background investigation of a person	1116
who applies for employment with the agency as a law enforcement	1117
officer or with the department as a corrections officer;	1118

(g) By any law enforcement agency or any authorized employee	1119
of a law enforcement agency, for the purposes set forth in, and in	1120
the manner provided in, section 2953.321 of the Revised Code;	1121

(h) By the bureau of criminal identification and	1122
investigation or any authorized employee of the bureau for the	1123
purpose of providing information to a board or person pursuant to	1124
division (F) or (G) of section 109.57 of the Revised Code;	1125

(i) By the bureau of criminal identification and	1126
investigation or any authorized employee of the bureau for the	1127
purpose of performing a criminal history records check on a person	1128
to whom a certificate as prescribed in section 109.77 of the	1129
Revised Code is to be awarded;	1130

(j) By the bureau of criminal identification and	1131
investigation or any authorized employee of the bureau for the	1132
purpose of conducting a criminal records check of an individual	1133
pursuant to division (B) of section 109.572 of the Revised Code	1134
that was requested pursuant to any of the sections identified in	1135
division (B)(1) of that section;	1136

(k) By the bureau of criminal identification and	1137
investigation, an authorized employee of the bureau, a sheriff, or	1138
an authorized employee of a sheriff in connection with a criminal	1139
records check described in section 311.41 of the Revised Code;	1140

(l) By the attorney general or an authorized employee of the	1141
attorney general or a court for purposes of determining a person's	1142
classification pursuant to Chapter 2950. of the Revised Code.	1143

When the nature and character of the offense with which a	1144
person is to be charged would be affected by the information, it	1145
may be used for the purpose of charging the person with an	1146
offense.	1147

(E) After the records have been expunged under this section,	1148
the person who is the subject of the expunged records properly	1149
may, and the court shall, reply that no record exists with respect	1150
to the person upon any inquiry in the matter.	1151

Sec. 2152.02.  As used in this chapter:

1152

(A) "Act charged" means the act that is identified in a	1153
complaint, indictment, or information alleging that a child is a	1154
delinquent child.	1155

(B) "Admitted to a department of youth services facility"	1156
includes admission to a facility operated, or contracted for, by	1157
the department and admission to a comparable facility outside this	1158
state by another state or the United States.	1159

(C)(1) "Child" means a person who is under eighteen years of	1160
age, except as otherwise provided in divisions (C)(2) to (6)(7) of	1161
this section.	1162

(2) Subject to division (C)(3) of this section, any person	1163
who violates a federal or state law or a municipal ordinance prior	1164
to attaining eighteen years of age shall be deemed a "child"	1165
irrespective of that person's age at the time the complaint with	1166
respect to that violation is filed or the hearing on the complaint	1167
is held.	1168

(3) Any person who, while under eighteen years of age,	1169
commits an act that would be a felony if committed by an adult and	1170
who is not taken into custody or apprehended for that act until	1171
after the person attains twenty-one years of age is not a child in	1172
relation to that act.	1173

(4) Any person whose case is transferred for criminal	1174
prosecution pursuant to section 2152.12 of the Revised Code shall	1175
be deemed after the transfer not to be a child in the transferred	1176
case.	1177

(5) Any person whose case is transferred for criminal	1178
prosecution pursuant to section 2152.12 of the Revised Code and	1179
who subsequently is convicted of or pleads guilty to a felony in	1180
that case, and any person who is adjudicated a delinquent child	1181
for the commission of an act, who has a serious youthful offender	1182
dispositional sentence imposed for the act pursuant to section	1183
2152.13 of the Revised Code, and whose adult portion of the	1184
dispositional sentence is invoked pursuant to section 2152.14 of	1185
the Revised Code, shall be deemed after the transfer or invocation	1186
not to be a child in any case in which a complaint is filed	1187
against the person.	1188

(6) The juvenile court has jurisdiction over a person who is	1189
adjudicated a delinquent child or juvenile traffic offender prior	1190
to attaining eighteen years of age until the person attains	1191
twenty-one years of age, and, for purposes of that jurisdiction	1192
related to that adjudication, except as otherwise provided in this	1193
division, a person who is so adjudicated a delinquent child or	1194
juvenile traffic offender shall be deemed a "child" until the	1195
person attains twenty-one years of age. If a person is so	1196
adjudicated a delinquent child or juvenile traffic offender and	1197
the court makes a disposition of the person under this chapter, at	1198
any time after the person attains eighteen years of age, the	1199
places at which the person may be held under that disposition are	1200
not limited to places authorized under this chapter solely for	1201
confinement of children, and the person may be confined under that	1202
disposition, in accordance with division (F)(2) of section 2152.26	1203
of the Revised Code, in places other than those authorized under	1204
this chapter solely for confinement of children.	1205

(7) Any person who, while eighteen years of age, violates	1206
division (A)(1) or (2) of section 2919.27 of the Revised Code by	1207
violating a protection order issued or consent agreement approved	1208
under section 2151.34 or 3113.31 of the Revised Code shall be	1209
considered a child for the purposes of that violation of section	1210
2919.27 of the Revised Code.	1211

(D) "Chronic truant" means any child of compulsory school age	1212
who is absent without legitimate excuse for absence from the	1213
public school the child is supposed to attend for seven or more	1214
consecutive school days, ten or more school days in one school	1215
month, or fifteen or more school days in a school year.	1216

(E) "Community corrections facility," "public safety beds,"	1217
"release authority," and "supervised release" have the same	1218
meanings as in section 5139.01 of the Revised Code.	1219

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

1220

(1) Any child, except a juvenile traffic offender, who	1221
violates any law of this state or the United States, or any	1222
ordinance of a political subdivision of the state, that would be	1223
an offense if committed by an adult;	1224

(2) Any child who violates any lawful order of the court made	1225
under this chapter or under Chapter 2151. of the Revised Code	1226
other than an order issued under section 2151.87 of the Revised	1227
Code;	1228

(3) Any child who violates division (C) of section 2907.39,	1229
division (A) of section 2923.211, or division (C)(1) or (D) of	1230
section 2925.55 of the Revised Code;	1231

(4) Any child who is a habitual truant and who previously has	1232
been adjudicated an unruly child for being a habitual truant;	1233

(5) Any child who is a chronic truant.

1234

(G) "Discretionary serious youthful offender" means a person	1235
who is eligible for a discretionary SYO and who is not transferred	1236
to adult court under a mandatory or discretionary transfer.	1237

(H) "Discretionary SYO" means a case in which the juvenile	1238
court, in the juvenile court's discretion, may impose a serious	1239
youthful offender disposition under section 2152.13 of the Revised	1240
Code.	1241

(I) "Discretionary transfer" means that the juvenile court	1242
has discretion to transfer a case for criminal prosecution under	1243
division (B) of section 2152.12 of the Revised Code.	1244

(J) "Drug abuse offense," "felony drug abuse offense," and	1245
"minor drug possession offense" have the same meanings as in	1246
section 2925.01 of the Revised Code.	1247

(K) "Electronic monitoring" and "electronic monitoring	1248
device" have the same meanings as in section 2929.01 of the	1249
Revised Code.	1250

(L) "Economic loss" means any economic detriment suffered by	1251
a victim of a delinquent act or juvenile traffic offense as a	1252
direct and proximate result of the delinquent act or juvenile	1253
traffic offense and includes any loss of income due to lost time	1254
at work because of any injury caused to the victim and any	1255
property loss, medical cost, or funeral expense incurred as a	1256
result of the delinquent act or juvenile traffic offense.	1257
"Economic loss" does not include non-economic loss or any punitive	1258
or exemplary damages.	1259

(M) "Firearm" has the same meaning as in section 2923.11 of	1260
the Revised Code.	1261

(N) "Juvenile traffic offender" means any child who violates	1262
any traffic law, traffic ordinance, or traffic regulation of this	1263
state, the United States, or any political subdivision of this	1264
state, other than a resolution, ordinance, or regulation of a	1265
political subdivision of this state the violation of which is	1266
required to be handled by a parking violations bureau or a joint	1267
parking violations bureau pursuant to Chapter 4521. of the Revised	1268
Code.	1269

(O) A "legitimate excuse for absence from the public school	1270
the child is supposed to attend" has the same meaning as in	1271
section 2151.011 of the Revised Code.	1272

(P) "Mandatory serious youthful offender" means a person who	1273
is eligible for a mandatory SYO and who is not transferred to	1274
adult court under a mandatory or discretionary transfer.	1275

(Q) "Mandatory SYO" means a case in which the juvenile court	1276
is required to impose a mandatory serious youthful offender	1277
disposition under section 2152.13 of the Revised Code.	1278

(R) "Mandatory transfer" means that a case is required to be	1279
transferred for criminal prosecution under division (A) of section	1280
2152.12 of the Revised Code.	1281

(S) "Mental illness" has the same meaning as in section	1282
5122.01 of the Revised Code.	1283

(T) "Mentally retarded person" has the same meaning as in	1284
section 5123.01 of the Revised Code.	1285

(U) "Monitored time" and "repeat violent offender" have the	1286
same meanings as in section 2929.01 of the Revised Code.	1287

(V) "Of compulsory school age" has the same meaning as in	1288
section 3321.01 of the Revised Code.	1289

(W) "Public record" has the same meaning as in section 149.43	1290
of the Revised Code.	1291

(X) "Serious youthful offender" means a person who is	1292
eligible for a mandatory SYO or discretionary SYO but who is not	1293
transferred to adult court under a mandatory or discretionary	1294
transfer.	1295

(Y) "Sexually oriented offense," "juvenile offender	1296
registrant," "child-victim oriented offense," "tier I sex	1297
offender/child-victim offender," "tier II sex	1298
offender/child-victim offender," "tier III sex	1299
offender/child-victim offender," and "public registry-qualified	1300
juvenile offender registrant" have the same meanings as in section	1301
2950.01 of the Revised Code.	1302

(Z) "Traditional juvenile" means a case that is not	1303
transferred to adult court under a mandatory or discretionary	1304
transfer, that is eligible for a disposition under sections	1305
2152.16, 2152.17, 2152.19, and 2152.20 of the Revised Code, and	1306
that is not eligible for a disposition under section 2152.13 of	1307
the Revised Code.	1308

(AA) "Transfer" means the transfer for criminal prosecution	1309
of a case involving the alleged commission by a child of an act	1310
that would be an offense if committed by an adult from the	1311
juvenile court to the appropriate court that has jurisdiction of	1312
the offense.	1313

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

1314

(1) A violation of section 2903.01 or 2903.02 of the Revised	1315
Code;	1316

(2) A violation of section 2923.02 of the Revised Code	1317
involving an attempt to commit aggravated murder or murder.	1318

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

1319

(1) A violation of section 2903.03, 2905.01, 2907.02,	1320
2909.02, 2911.01, or 2911.11 of the Revised Code;	1321

(2) A violation of section 2903.04 of the Revised Code that	1322
is a felony of the first degree;	1323

(3) A violation of section 2907.12 of the Revised Code as it	1324
existed prior to September 3, 1996.	1325

(DD) "Non-economic loss" means nonpecuniary harm suffered by	1326
a victim of a delinquent act or juvenile traffic offense as a	1327
result of or related to the delinquent act or juvenile traffic	1328
offense, including, but not limited to, pain and suffering; loss	1329
of society, consortium, companionship, care, assistance,	1330
attention, protection, advice, guidance, counsel, instruction,	1331
training, or education; mental anguish; and any other intangible	1332
loss.	1333

Sec. 2301.03.  (A) In Franklin county, the judges of the	1334
court of common pleas whose terms begin on January 1, 1953,	1335
January 2, 1953, January 5, 1969, January 5, 1977, and January 2,	1336
1997, and successors, shall have the same qualifications, exercise	1337
the same powers and jurisdiction, and receive the same	1338
compensation as other judges of the court of common pleas of	1339
Franklin county and shall be elected and designated as judges of	1340
the court of common pleas, division of domestic relations. They	1341
shall have all the powers relating to juvenile courts, and all	1342
cases under Chapters 2151. and 2152. of the Revised Code, all	1343
parentage proceedings under Chapter 3111. of the Revised Code over	1344
which the juvenile court has jurisdiction, and all divorce,	1345
dissolution of marriage, legal separation, and annulment cases	1346
shall be assigned to them. In addition to the judge's regular	1347
duties, the judge who is senior in point of service shall serve on	1348
the children services board and the county advisory board and	1349
shall be the administrator of the domestic relations division and	1350
its subdivisions and departments.	1351

(B) In Hamilton county:

1352

(1) The judge of the court of common pleas, whose term begins	1353
on January 1, 1957, and successors, and the judge of the court of	1354
common pleas, whose term begins on February 14, 1967, and	1355
successors, shall be the juvenile judges as provided in Chapters	1356
2151. and 2152. of the Revised Code, with the powers and	1357
jurisdiction conferred by those chapters.	1358

(2) The judges of the court of common pleas whose terms begin	1359
on January 5, 1957, January 16, 1981, and July 1, 1991, and	1360
successors, shall be elected and designated as judges of the court	1361
of common pleas, division of domestic relations, and shall have	1362
assigned to them all divorce, dissolution of marriage, legal	1363
separation, and annulment cases coming before the court. On or	1364
after the first day of July and before the first day of August of	1365
1991 and each year thereafter, a majority of the judges of the	1366
division of domestic relations shall elect one of the judges of	1367
the division as administrative judge of that division. If a	1368
majority of the judges of the division of domestic relations are	1369
unable for any reason to elect an administrative judge for the	1370
division before the first day of August, a majority of the judges	1371
of the Hamilton county court of common pleas, as soon as possible	1372
after that date, shall elect one of the judges of the division of	1373
domestic relations as administrative judge of that division. The	1374
term of the administrative judge shall begin on the earlier of the	1375
first day of August of the year in which the administrative judge	1376
is elected or the date on which the administrative judge is	1377
elected by a majority of the judges of the Hamilton county court	1378
of common pleas and shall terminate on the date on which the	1379
administrative judge's successor is elected in the following year.	1380

In addition to the judge's regular duties, the administrative	1381
judge of the division of domestic relations shall be the	1382
administrator of the domestic relations division and its	1383
subdivisions and departments and shall have charge of the	1384
employment, assignment, and supervision of the personnel of the	1385
division engaged in handling, servicing, or investigating divorce,	1386
dissolution of marriage, legal separation, and annulment cases,	1387
including any referees considered necessary by the judges in the	1388
discharge of their various duties.	1389

The administrative judge of the division of domestic	1390
relations also shall designate the title, compensation, expense	1391
allowances, hours, leaves of absence, and vacations of the	1392
personnel of the division, and shall fix the duties of its	1393
personnel. The duties of the personnel, in addition to those	1394
provided for in other sections of the Revised Code, shall include	1395
the handling, servicing, and investigation of divorce, dissolution	1396
of marriage, legal separation, and annulment cases and counseling	1397
and conciliation services that may be made available to persons	1398
requesting them, whether or not the persons are parties to an	1399
action pending in the division.	1400

The board of county commissioners shall appropriate the sum	1401
of money each year as will meet all the administrative expenses of	1402
the division of domestic relations, including reasonable expenses	1403
of the domestic relations judges and the division counselors and	1404
other employees designated to conduct the handling, servicing, and	1405
investigation of divorce, dissolution of marriage, legal	1406
separation, and annulment cases, conciliation and counseling, and	1407
all matters relating to those cases and counseling, and the	1408
expenses involved in the attendance of division personnel at	1409
domestic relations and welfare conferences designated by the	1410
division, and the further sum each year as will provide for the	1411
adequate operation of the division of domestic relations.	1412

The compensation and expenses of all employees and the salary	1413
and expenses of the judges shall be paid by the county treasurer	1414
from the money appropriated for the operation of the division,	1415
upon the warrant of the county auditor, certified to by the	1416
administrative judge of the division of domestic relations.	1417

The summonses, warrants, citations, subpoenas, and other	1418
writs of the division may issue to a bailiff, constable, or staff	1419
investigator of the division or to the sheriff of any county or	1420
any marshal, constable, or police officer, and the provisions of	1421
law relating to the subpoenaing of witnesses in other cases shall	1422
apply insofar as they are applicable. When a summons, warrant,	1423
citation, subpoena, or other writ is issued to an officer, other	1424
than a bailiff, constable, or staff investigator of the division,	1425
the expense of serving it shall be assessed as a part of the costs	1426
in the case involved.	1427

(3) The judge of the court of common pleas of Hamilton county	1428
whose term begins on January 3, 1997, and the successors to that	1429
judge shall each be elected and designated as the drug court judge	1430
of the court of common pleas of Hamilton county. The drug court	1431
judge may accept or reject any case referred to the drug court	1432
judge under division (B)(3) of this section. After the drug court	1433
judge accepts a referred case, the drug court judge has full	1434
authority over the case, including the authority to conduct	1435
arraignment, accept pleas, enter findings and dispositions,	1436
conduct trials, order treatment, and if treatment is not	1437
successfully completed pronounce and enter sentence.	1438

A judge of the general division of the court of common pleas	1439
of Hamilton county and a judge of the Hamilton county municipal	1440
court may refer to the drug court judge any case, and any	1441
companion cases, the judge determines meet the criteria described	1442
under divisions (B)(3)(a) and (b) of this section. If the drug	1443
court judge accepts referral of a referred case, the case, and any	1444
companion cases, shall be transferred to the drug court judge. A	1445
judge may refer a case meeting the criteria described in divisions	1446
(B)(3)(a) and (b) of this section that involves a violation of a	1447
condition of a community control sanction to the drug court judge,	1448
and, if the drug court judge accepts the referral, the referring	1449
judge and the drug court judge have concurrent jurisdiction over	1450
the case.	1451

A judge of the general division of the court of common pleas	1452
of Hamilton county and a judge of the Hamilton county municipal	1453
court may refer a case to the drug court judge under division	1454
(B)(3) of this section if the judge determines that both of the	1455
following apply:	1456

(a) One of the following applies:

1457

(i) The case involves a drug abuse offense, as defined in	1458
section 2925.01 of the Revised Code, that is a felony of the third	1459
or fourth degree if the offense is committed prior to July 1,	1460
1996, a felony of the third, fourth, or fifth degree if the	1461
offense is committed on or after July 1, 1996, or a misdemeanor.	1462

(ii) The case involves a theft offense, as defined in section	1463
2913.01 of the Revised Code, that is a felony of the third or	1464
fourth degree if the offense is committed prior to July 1, 1996, a	1465
felony of the third, fourth, or fifth degree if the offense is	1466
committed on or after July 1, 1996, or a misdemeanor, and the	1467
defendant is drug or alcohol dependent or in danger of becoming	1468
drug or alcohol dependent and would benefit from treatment.	1469

(b) All of the following apply:

1470

(i) The case involves an offense for which a community	1471
control sanction may be imposed or is a case in which a mandatory	1472
prison term or a mandatory jail term is not required to be	1473
imposed.	1474

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

1475

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

1476

(iv) The defendant's current or past behavior, or both, is	1477
drug or alcohol driven.	1478

(v) The defendant demonstrates a sincere willingness to	1479
participate in a fifteen-month treatment process.	1480

(vi) The defendant has no acute health condition.

1481

(vii) If the defendant is incarcerated, the county prosecutor	1482
approves of the referral.	1483

(4) If the administrative judge of the court of common pleas	1484
of Hamilton county determines that the volume of cases pending	1485
before the drug court judge does not constitute a sufficient	1486
caseload for the drug court judge, the administrative judge, in	1487
accordance with the Rules of Superintendence for Courts of Common	1488
Pleas, shall assign individual cases to the drug court judge from	1489
the general docket of the court. If the assignments so occur, the	1490
administrative judge shall cease the assignments when the	1491
administrative judge determines that the volume of cases pending	1492
before the drug court judge constitutes a sufficient caseload for	1493
the drug court judge.	1494

(5) As used in division (B) of this section, "community	1495
control sanction," "mandatory prison term," and "mandatory jail	1496
term" have the same meanings as in section 2929.01 of the Revised	1497
Code.	1498

(C)(1) In Lorain county:

1499

(a) The judges of the court of common pleas whose terms begin	1500
on January 3, 1959, January 4, 1989, and January 2, 1999, and	1501
successors, and the judge of the court of common pleas whose term	1502
begins on February 9, 2009, shall have the same qualifications,	1503
exercise the same powers and jurisdiction, and receive the same	1504
compensation as the other judges of the court of common pleas of	1505
Lorain county and shall be elected and designated as the judges of	1506
the court of common pleas, division of domestic relations. The	1507
judges of the court of common pleas whose terms begin on January	1508
3, 1959, January 4, 1989, and January 2, 1999, and successors,	1509
shall have all of the powers relating to juvenile courts, and all	1510
cases under Chapters 2151. and 2152. of the Revised Code, all	1511
parentage proceedings over which the juvenile court has	1512
jurisdiction, and all divorce, dissolution of marriage, legal	1513
separation, and annulment cases shall be assigned to them, except	1514
cases that for some special reason are assigned to some other	1515
judge of the court of common pleas. From February 9, 2009, through	1516
September 28, 2009, the judge of the court of common pleas whose	1517
term begins on February 9, 2009, shall have all the powers	1518
relating to juvenile courts, and cases under Chapters 2151. and	1519
2152. of the Revised Code, parentage proceedings over which the	1520
juvenile court has jurisdiction, and divorce, dissolution of	1521
marriage, legal separation, and annulment cases shall be assigned	1522
to that judge, except cases that for some special reason are	1523
assigned to some other judge of the court of common pleas.	1524

(b) From January 1, 2006, through September 28, 2009, the	1525
judges of the court of common pleas, division of domestic	1526
relations, in addition to the powers and jurisdiction set forth in	1527
division (C)(1)(a) of this section, shall have jurisdiction over	1528
matters that are within the jurisdiction of the probate court	1529
under Chapter 2101. and other provisions of the Revised Code.	1530

(c) The judge of the court of common pleas, division of	1531
domestic relations, whose term begins on February 9, 2009, is the	1532
successor to the probate judge who was elected in 2002 for a term	1533
that began on February 9, 2003. After September 28, 2009, the	1534
judge of the court of common pleas, division of domestic	1535
relations, whose term begins on February 9, 2009, shall be the	1536
probate judge.	1537

(2)(a) From February 9, 2009, through September 28, 2009,	1538
with respect to Lorain county, all references in law to the	1539
probate court shall be construed as references to the court of	1540
common pleas, division of domestic relations, and all references	1541
to the probate judge shall be construed as references to the	1542
judges of the court of common pleas, division of domestic	1543
relations.	1544

(b) From February 9, 2009, through September 28, 2009, with	1545
respect to Lorain county, all references in law to the clerk of	1546
the probate court shall be construed as references to the judge	1547
who is serving pursuant to Rule 4 of the Rules of Superintendence	1548
for the Courts of Ohio as the administrative judge of the court of	1549
common pleas, division of domestic relations.	1550

(D) In Lucas county:

1551

(1) The judges of the court of common pleas whose terms begin	1552
on January 1, 1955, and January 3, 1965, and successors, shall	1553
have the same qualifications, exercise the same powers and	1554
jurisdiction, and receive the same compensation as other judges of	1555
the court of common pleas of Lucas county and shall be elected and	1556
designated as judges of the court of common pleas, division of	1557
domestic relations. All divorce, dissolution of marriage, legal	1558
separation, and annulment cases shall be assigned to them.	1559

The judge of the division of domestic relations, senior in	1560
point of service, shall be considered as the presiding judge of	1561
the court of common pleas, division of domestic relations, and	1562
shall be charged exclusively with the assignment and division of	1563
the work of the division and the employment and supervision of all	1564
other personnel of the domestic relations division.	1565

(2) The judges of the court of common pleas whose terms begin	1566
on January 5, 1977, and January 2, 1991, and successors shall have	1567
the same qualifications, exercise the same powers and	1568
jurisdiction, and receive the same compensation as other judges of	1569
the court of common pleas of Lucas county, shall be elected and	1570
designated as judges of the court of common pleas, juvenile	1571
division, and shall be the juvenile judges as provided in Chapters	1572
2151. and 2152. of the Revised Code with the powers and	1573
jurisdictions conferred by those chapters. In addition to the	1574
judge's regular duties, the judge of the court of common pleas,	1575
juvenile division, senior in point of service, shall be the	1576
administrator of the juvenile division and its subdivisions and	1577
departments and shall have charge of the employment, assignment,	1578
and supervision of the personnel of the division engaged in	1579
handling, servicing, or investigating juvenile cases, including	1580
any referees considered necessary by the judges of the division in	1581
the discharge of their various duties.	1582

The judge of the court of common pleas, juvenile division,	1583
senior in point of service, also shall designate the title,	1584
compensation, expense allowance, hours, leaves of absence, and	1585
vacation of the personnel of the division and shall fix the duties	1586
of the personnel of the division. The duties of the personnel, in	1587
addition to other statutory duties include the handling,	1588
servicing, and investigation of juvenile cases and counseling and	1589
conciliation services that may be made available to persons	1590
requesting them, whether or not the persons are parties to an	1591
action pending in the division.	1592

(3) If one of the judges of the court of common pleas,	1593
division of domestic relations, or one of the judges of the	1594
juvenile division is sick, absent, or unable to perform that	1595
judge's judicial duties or the volume of cases pending in that	1596
judge's division necessitates it, the duties shall be performed by	1597
the judges of the other of those divisions.	1598

(E) In Mahoning county:

1599

(1) The judge of the court of common pleas whose term began	1600
on January 1, 1955, and successors, shall have the same	1601
qualifications, exercise the same powers and jurisdiction, and	1602
receive the same compensation as other judges of the court of	1603
common pleas of Mahoning county, shall be elected and designated	1604
as judge of the court of common pleas, division of domestic	1605
relations, and shall be assigned all the divorce, dissolution of	1606
marriage, legal separation, and annulment cases coming before the	1607
court. In addition to the judge's regular duties, the judge of the	1608
court of common pleas, division of domestic relations, shall be	1609
the administrator of the domestic relations division and its	1610
subdivisions and departments and shall have charge of the	1611
employment, assignment, and supervision of the personnel of the	1612
division engaged in handling, servicing, or investigating divorce,	1613
dissolution of marriage, legal separation, and annulment cases,	1614
including any referees considered necessary in the discharge of	1615
the various duties of the judge's office.	1616

The judge also shall designate the title, compensation,	1617
expense allowances, hours, leaves of absence, and vacations of the	1618
personnel of the division and shall fix the duties of the	1619
personnel of the division. The duties of the personnel, in	1620
addition to other statutory duties, include the handling,	1621
servicing, and investigation of divorce, dissolution of marriage,	1622
legal separation, and annulment cases and counseling and	1623
conciliation services that may be made available to persons	1624
requesting them, whether or not the persons are parties to an	1625
action pending in the division.	1626

(2) The judge of the court of common pleas whose term began	1627
on January 2, 1969, and successors, shall have the same	1628
qualifications, exercise the same powers and jurisdiction, and	1629
receive the same compensation as other judges of the court of	1630
common pleas of Mahoning county, shall be elected and designated	1631
as judge of the court of common pleas, juvenile division, and	1632
shall be the juvenile judge as provided in Chapters 2151. and	1633
2152. of the Revised Code, with the powers and jurisdictions	1634
conferred by those chapters. In addition to the judge's regular	1635
duties, the judge of the court of common pleas, juvenile division,	1636
shall be the administrator of the juvenile division and its	1637
subdivisions and departments and shall have charge of the	1638
employment, assignment, and supervision of the personnel of the	1639
division engaged in handling, servicing, or investigating juvenile	1640
cases, including any referees considered necessary by the judge in	1641
the discharge of the judge's various duties.	1642

The judge also shall designate the title, compensation,	1643
expense allowances, hours, leaves of absence, and vacation of the	1644
personnel of the division and shall fix the duties of the	1645
personnel of the division. The duties of the personnel, in	1646
addition to other statutory duties, include the handling,	1647
servicing, and investigation of juvenile cases and counseling and	1648
conciliation services that may be made available to persons	1649
requesting them, whether or not the persons are parties to an	1650
action pending in the division.	1651

(3) If a judge of the court of common pleas, division of	1652
domestic relations or juvenile division, is sick, absent, or	1653
unable to perform that judge's judicial duties, or the volume of	1654
cases pending in that judge's division necessitates it, that	1655
judge's duties shall be performed by another judge of the court of	1656
common pleas.	1657

(F) In Montgomery county:

1658

(1) The judges of the court of common pleas whose terms begin	1659
on January 2, 1953, and January 4, 1977, and successors, shall	1660
have the same qualifications, exercise the same powers and	1661
jurisdiction, and receive the same compensation as other judges of	1662
the court of common pleas of Montgomery county and shall be	1663
elected and designated as judges of the court of common pleas,	1664
division of domestic relations. These judges shall have assigned	1665
to them all divorce, dissolution of marriage, legal separation,	1666
and annulment cases.	1667

The judge of the division of domestic relations, senior in	1668
point of service, shall be charged exclusively with the assignment	1669
and division of the work of the division and shall have charge of	1670
the employment and supervision of the personnel of the division	1671
engaged in handling, servicing, or investigating divorce,	1672
dissolution of marriage, legal separation, and annulment cases,	1673
including any necessary referees, except those employees who may	1674
be appointed by the judge, junior in point of service, under this	1675
section and sections 2301.12, 2301.18, and 2301.19 of the Revised	1676
Code. The judge of the division of domestic relations, senior in	1677
point of service, also shall designate the title, compensation,	1678
expense allowances, hours, leaves of absence, and vacation of the	1679
personnel of the division and shall fix their duties.	1680

(2) The judges of the court of common pleas whose terms begin	1681
on January 1, 1953, and January 1, 1993, and successors, shall	1682
have the same qualifications, exercise the same powers and	1683
jurisdiction, and receive the same compensation as other judges of	1684
the court of common pleas of Montgomery county, shall be elected	1685
and designated as judges of the court of common pleas, juvenile	1686
division, and shall be, and have the powers and jurisdiction of,	1687
the juvenile judge as provided in Chapters 2151. and 2152. of the	1688
Revised Code.	1689

In addition to the judge's regular duties, the judge of the	1690
court of common pleas, juvenile division, senior in point of	1691
service, shall be the administrator of the juvenile division and	1692
its subdivisions and departments and shall have charge of the	1693
employment, assignment, and supervision of the personnel of the	1694
juvenile division, including any necessary referees, who are	1695
engaged in handling, servicing, or investigating juvenile cases.	1696
The judge, senior in point of service, also shall designate the	1697
title, compensation, expense allowances, hours, leaves of absence,	1698
and vacation of the personnel of the division and shall fix their	1699
duties. The duties of the personnel, in addition to other	1700
statutory duties, shall include the handling, servicing, and	1701
investigation of juvenile cases and of any counseling and	1702
conciliation services that are available upon request to persons,	1703
whether or not they are parties to an action pending in the	1704
division.	1705

If one of the judges of the court of common pleas, division	1706
of domestic relations, or one of the judges of the court of common	1707
pleas, juvenile division, is sick, absent, or unable to perform	1708
that judge's duties or the volume of cases pending in that judge's	1709
division necessitates it, the duties of that judge may be	1710
performed by the judge or judges of the other of those divisions.	1711

(G) In Richland county:

1712

(1) The judge of the court of common pleas whose term begins	1713
on January 1, 1957, and successors, shall have the same	1714
qualifications, exercise the same powers and jurisdiction, and	1715
receive the same compensation as the other judges of the court of	1716
common pleas of Richland county and shall be elected and	1717
designated as judge of the court of common pleas, division of	1718
domestic relations. That judge shall be assigned and hear all	1719
divorce, dissolution of marriage, legal separation, and annulment	1720
cases, all domestic violence cases arising under section 3113.31	1721
of the Revised Code, and all post-decree proceedings arising from	1722
any case pertaining to any of those matters. The division of	1723
domestic relations has concurrent jurisdiction with the juvenile	1724
division of the court of common pleas of Richland county to	1725
determine the care, custody, or control of any child not a ward of	1726
another court of this state, and to hear and determine a request	1727
for an order for the support of any child if the request is not	1728
ancillary to an action for divorce, dissolution of marriage,	1729
annulment, or legal separation, a criminal or civil action	1730
involving an allegation of domestic violence, or an action for	1731
support brought under Chapter 3115. of the Revised Code. Except in	1732
cases that are subject to the exclusive original jurisdiction of	1733
the juvenile court, the judge of the division of domestic	1734
relations shall be assigned and hear all cases pertaining to	1735
paternity or parentage, the care, custody, or control of children,	1736
parenting time or visitation, child support, or the allocation of	1737
parental rights and responsibilities for the care of children, all	1738
proceedings arising under Chapter 3111. of the Revised Code, all	1739
proceedings arising under the uniform interstate family support	1740
act contained in Chapter 3115. of the Revised Code, and all	1741
post-decree proceedings arising from any case pertaining to any of	1742
those matters.	1743

In addition to the judge's regular duties, the judge of the	1744
court of common pleas, division of domestic relations, shall be	1745
the administrator of the domestic relations division and its	1746
subdivisions and departments. The judge shall have charge of the	1747
employment, assignment, and supervision of the personnel of the	1748
domestic relations division, including any magistrates the judge	1749
considers necessary for the discharge of the judge's duties. The	1750
judge shall also designate the title, compensation, expense	1751
allowances, hours, leaves of absence, vacation, and other	1752
employment-related matters of the personnel of the division and	1753
shall fix their duties.	1754

(2) The judge of the court of common pleas whose term begins	1755
on January 3, 2005, and successors, shall have the same	1756
qualifications, exercise the same powers and jurisdiction, and	1757
receive the same compensation as other judges of the court of	1758
common pleas of Richland county, shall be elected and designated	1759
as judge of the court of common pleas, juvenile division, and	1760
shall be, and have the powers and jurisdiction of, the juvenile	1761
judge as provided in Chapters 2151. and 2152. of the Revised Code.	1762
Except in cases that are subject to the exclusive original	1763
jurisdiction of the juvenile court, the judge of the juvenile	1764
division shall not have jurisdiction or the power to hear, and	1765
shall not be assigned, any case pertaining to paternity or	1766
parentage, the care, custody, or control of children, parenting	1767
time or visitation, child support, or the allocation of parental	1768
rights and responsibilities for the care of children or any	1769
post-decree proceeding arising from any case pertaining to any of	1770
those matters. The judge of the juvenile division shall not have	1771
jurisdiction or the power to hear, and shall not be assigned, any	1772
proceeding under the uniform interstate family support act	1773
contained in Chapter 3115. of the Revised Code.	1774

In addition to the judge's regular duties, the judge of the	1775
juvenile division shall be the administrator of the juvenile	1776
division and its subdivisions and departments. The judge shall	1777
have charge of the employment, assignment, and supervision of the	1778
personnel of the juvenile division who are engaged in handling,	1779
servicing, or investigating juvenile cases, including any	1780
magistrates whom the judge considers necessary for the discharge	1781
of the judge's various duties.	1782

The judge of the juvenile division also shall designate the	1783
title, compensation, expense allowances, hours, leaves of absence,	1784
and vacation of the personnel of the division and shall fix their	1785
duties. The duties of the personnel, in addition to other	1786
statutory duties, include the handling, servicing, and	1787
investigation of juvenile cases and providing any counseling,	1788
conciliation, and mediation services that the court makes	1789
available to persons, whether or not the persons are parties to an	1790
action pending in the court, who request the services.	1791

(H) In Stark county, the judges of the court of common pleas	1792
whose terms begin on January 1, 1953, January 2, 1959, and January	1793
1, 1993, and successors, shall have the same qualifications,	1794
exercise the same powers and jurisdiction, and receive the same	1795
compensation as other judges of the court of common pleas of Stark	1796
county and shall be elected and designated as judges of the court	1797
of common pleas, division of domestic relations. They shall have	1798
all the powers relating to juvenile courts, and all cases under	1799
Chapters 2151. and 2152. of the Revised Code, all parentage	1800
proceedings over which the juvenile court has jurisdiction, and	1801
all divorce, dissolution of marriage, legal separation, and	1802
annulment cases, except cases that are assigned to some other	1803
judge of the court of common pleas for some special reason, shall	1804
be assigned to the judges.	1805

The judge of the division of domestic relations, second most	1806
senior in point of service, shall have charge of the employment	1807
and supervision of the personnel of the division engaged in	1808
handling, servicing, or investigating divorce, dissolution of	1809
marriage, legal separation, and annulment cases, and necessary	1810
referees required for the judge's respective court.	1811

The judge of the division of domestic relations, senior in	1812
point of service, shall be charged exclusively with the	1813
administration of sections 2151.13, 2151.16, 2151.17, and 2152.71	1814
of the Revised Code and with the assignment and division of the	1815
work of the division and the employment and supervision of all	1816
other personnel of the division, including, but not limited to,	1817
that judge's necessary referees, but excepting those employees who	1818
may be appointed by the judge second most senior in point of	1819
service. The senior judge further shall serve in every other	1820
position in which the statutes permit or require a juvenile judge	1821
to serve.	1822

(I) In Summit county:

1823

(1) The judges of the court of common pleas whose terms begin	1824
on January 4, 1967, and January 6, 1993, and successors, shall	1825
have the same qualifications, exercise the same powers and	1826
jurisdiction, and receive the same compensation as other judges of	1827
the court of common pleas of Summit county and shall be elected	1828
and designated as judges of the court of common pleas, division of	1829
domestic relations. The judges of the division of domestic	1830
relations shall have assigned to them and hear all divorce,	1831
dissolution of marriage, legal separation, and annulment cases	1832
that come before the court. Except in cases that are subject to	1833
the exclusive original jurisdiction of the juvenile court, the	1834
judges of the division of domestic relations shall have assigned	1835
to them and hear all cases pertaining to paternity, custody,	1836
visitation, child support, or the allocation of parental rights	1837
and responsibilities for the care of children and all post-decree	1838
proceedings arising from any case pertaining to any of those	1839
matters. The judges of the division of domestic relations shall	1840
have assigned to them and hear all proceedings under the uniform	1841
interstate family support act contained in Chapter 3115. of the	1842
Revised Code.	1843

The judge of the division of domestic relations, senior in	1844
point of service, shall be the administrator of the domestic	1845
relations division and its subdivisions and departments and shall	1846
have charge of the employment, assignment, and supervision of the	1847
personnel of the division, including any necessary referees, who	1848
are engaged in handling, servicing, or investigating divorce,	1849
dissolution of marriage, legal separation, and annulment cases.	1850
That judge also shall designate the title, compensation, expense	1851
allowances, hours, leaves of absence, and vacations of the	1852
personnel of the division and shall fix their duties. The duties	1853
of the personnel, in addition to other statutory duties, shall	1854
include the handling, servicing, and investigation of divorce,	1855
dissolution of marriage, legal separation, and annulment cases and	1856
of any counseling and conciliation services that are available	1857
upon request to all persons, whether or not they are parties to an	1858
action pending in the division.	1859

(2) The judge of the court of common pleas whose term begins	1860
on January 1, 1955, and successors, shall have the same	1861
qualifications, exercise the same powers and jurisdiction, and	1862
receive the same compensation as other judges of the court of	1863
common pleas of Summit county, shall be elected and designated as	1864
judge of the court of common pleas, juvenile division, and shall	1865
be, and have the powers and jurisdiction of, the juvenile judge as	1866
provided in Chapters 2151. and 2152. of the Revised Code. Except	1867
in cases that are subject to the exclusive original jurisdiction	1868
of the juvenile court, the judge of the juvenile division shall	1869
not have jurisdiction or the power to hear, and shall not be	1870
assigned, any case pertaining to paternity, custody, visitation,	1871
child support, or the allocation of parental rights and	1872
responsibilities for the care of children or any post-decree	1873
proceeding arising from any case pertaining to any of those	1874
matters. The judge of the juvenile division shall not have	1875
jurisdiction or the power to hear, and shall not be assigned, any	1876
proceeding under the uniform interstate family support act	1877
contained in Chapter 3115. of the Revised Code.	1878

The juvenile judge shall be the administrator of the juvenile	1879
division and its subdivisions and departments and shall have	1880
charge of the employment, assignment, and supervision of the	1881
personnel of the juvenile division, including any necessary	1882
referees, who are engaged in handling, servicing, or investigating	1883
juvenile cases. The judge also shall designate the title,	1884
compensation, expense allowances, hours, leaves of absence, and	1885
vacation of the personnel of the division and shall fix their	1886
duties. The duties of the personnel, in addition to other	1887
statutory duties, shall include the handling, servicing, and	1888
investigation of juvenile cases and of any counseling and	1889
conciliation services that are available upon request to persons,	1890
whether or not they are parties to an action pending in the	1891
division.	1892

(J) In Trumbull county, the judges of the court of common	1893
pleas whose terms begin on January 1, 1953, and January 2, 1977,	1894
and successors, shall have the same qualifications, exercise the	1895
same powers and jurisdiction, and receive the same compensation as	1896
other judges of the court of common pleas of Trumbull county and	1897
shall be elected and designated as judges of the court of common	1898
pleas, division of domestic relations. They shall have all the	1899
powers relating to juvenile courts, and all cases under Chapters	1900
2151. and 2152. of the Revised Code, all parentage proceedings	1901
over which the juvenile court has jurisdiction, and all divorce,	1902
dissolution of marriage, legal separation, and annulment cases	1903
shall be assigned to them, except cases that for some special	1904
reason are assigned to some other judge of the court of common	1905
pleas.	1906

(K) In Butler county:

1907

(1) The judges of the court of common pleas whose terms begin	1908
on January 1, 1957, and January 4, 1993, and successors, shall	1909
have the same qualifications, exercise the same powers and	1910
jurisdiction, and receive the same compensation as other judges of	1911
the court of common pleas of Butler county and shall be elected	1912
and designated as judges of the court of common pleas, division of	1913
domestic relations. The judges of the division of domestic	1914
relations shall have assigned to them all divorce, dissolution of	1915
marriage, legal separation, and annulment cases coming before the	1916
court, except in cases that for some special reason are assigned	1917
to some other judge of the court of common pleas. The judges of	1918
the division of domestic relations also have concurrent	1919
jurisdiction with judges of the juvenile division of the court of	1920
common pleas of Butler county with respect to and may hear cases	1921
to determine the custody, support, or custody and support of a	1922
child who is born of issue of a marriage and who is not the ward	1923
of another court of this state, cases commenced by a party of the	1924
marriage to obtain an order requiring support of any child when	1925
the request for that order is not ancillary to an action for	1926
divorce, dissolution of marriage, annulment, or legal separation,	1927
a criminal or civil action involving an allegation of domestic	1928
violence, an action for support under Chapter 3115. of the Revised	1929
Code, or an action that is within the exclusive original	1930
jurisdiction of the juvenile division of the court of common pleas	1931
of Butler county and that involves an allegation that the child is	1932
an abused, neglected, or dependent child, and post-decree	1933
proceedings and matters arising from those types of cases. The	1934
judge senior in point of service shall be charged with the	1935
assignment and division of the work of the division and with the	1936
employment and supervision of all other personnel of the domestic	1937
relations division.	1938

The judge senior in point of service also shall designate the	1939
title, compensation, expense allowances, hours, leaves of absence,	1940
and vacations of the personnel of the division and shall fix their	1941
duties. The duties of the personnel, in addition to other	1942
statutory duties, shall include the handling, servicing, and	1943
investigation of divorce, dissolution of marriage, legal	1944
separation, and annulment cases and providing any counseling and	1945
conciliation services that the division makes available to	1946
persons, whether or not the persons are parties to an action	1947
pending in the division, who request the services.	1948

(2) The judges of the court of common pleas whose terms begin	1949
on January 3, 1987, and January 2, 2003, and successors, shall	1950
have the same qualifications, exercise the same powers and	1951
jurisdiction, and receive the same compensation as other judges of	1952
the court of common pleas of Butler county, shall be elected and	1953
designated as judges of the court of common pleas, juvenile	1954
division, and shall be the juvenile judges as provided in Chapters	1955
2151. and 2152. of the Revised Code, with the powers and	1956
jurisdictions conferred by those chapters. Except in cases that	1957
are subject to the exclusive original jurisdiction of the juvenile	1958
court, the judges of the juvenile division shall not have	1959
jurisdiction or the power to hear and shall not be assigned, but	1960
shall have the limited ability and authority to certify, any case	1961
commenced by a party of a marriage to determine the custody,	1962
support, or custody and support of a child who is born of issue of	1963
the marriage and who is not the ward of another court of this	1964
state when the request for the order in the case is not ancillary	1965
to an action for divorce, dissolution of marriage, annulment, or	1966
legal separation. The judge of the court of common pleas, juvenile	1967
division, who is senior in point of service, shall be the	1968
administrator of the juvenile division and its subdivisions and	1969
departments. The judge, senior in point of service, shall have	1970
charge of the employment, assignment, and supervision of the	1971
personnel of the juvenile division who are engaged in handling,	1972
servicing, or investigating juvenile cases, including any referees	1973
whom the judge considers necessary for the discharge of the	1974
judge's various duties.	1975

The judge, senior in point of service, also shall designate	1976
the title, compensation, expense allowances, hours, leaves of	1977
absence, and vacation of the personnel of the division and shall	1978
fix their duties. The duties of the personnel, in addition to	1979
other statutory duties, include the handling, servicing, and	1980
investigation of juvenile cases and providing any counseling and	1981
conciliation services that the division makes available to	1982
persons, whether or not the persons are parties to an action	1983
pending in the division, who request the services.	1984

(3) If a judge of the court of common pleas, division of	1985
domestic relations or juvenile division, is sick, absent, or	1986
unable to perform that judge's judicial duties or the volume of	1987
cases pending in the judge's division necessitates it, the duties	1988
of that judge shall be performed by the other judges of the	1989
domestic relations and juvenile divisions.	1990

(L)(1) In Cuyahoga county, the judges of the court of common	1991
pleas whose terms begin on January 8, 1961, January 9, 1961,	1992
January 18, 1975, January 19, 1975, and January 13, 1987, and	1993
successors, shall have the same qualifications, exercise the same	1994
powers and jurisdiction, and receive the same compensation as	1995
other judges of the court of common pleas of Cuyahoga county and	1996
shall be elected and designated as judges of the court of common	1997
pleas, division of domestic relations. They shall have all the	1998
powers relating to all divorce, dissolution of marriage, legal	1999
separation, and annulment cases, except in cases that are assigned	2000
to some other judge of the court of common pleas for some special	2001
reason.	2002

(2) The administrative judge is administrator of the domestic	2003
relations division and its subdivisions and departments and has	2004
the following powers concerning division personnel:	2005

(a) Full charge of the employment, assignment, and	2006
supervision;	2007

(b) Sole determination of compensation, duties, expenses,	2008
allowances, hours, leaves, and vacations.	2009

(3) "Division personnel" include persons employed or referees	2010
engaged in hearing, servicing, investigating, counseling, or	2011
conciliating divorce, dissolution of marriage, legal separation	2012
and annulment matters.	2013

(M) In Lake county:

2014

(1) The judge of the court of common pleas whose term begins	2015
on January 2, 1961, and successors, shall have the same	2016
qualifications, exercise the same powers and jurisdiction, and	2017
receive the same compensation as the other judges of the court of	2018
common pleas of Lake county and shall be elected and designated as	2019
judge of the court of common pleas, division of domestic	2020
relations. The judge shall be assigned all the divorce,	2021
dissolution of marriage, legal separation, and annulment cases	2022
coming before the court, except in cases that for some special	2023
reason are assigned to some other judge of the court of common	2024
pleas. The judge shall be charged with the assignment and division	2025
of the work of the division and with the employment and	2026
supervision of all other personnel of the domestic relations	2027
division.	2028

The judge also shall designate the title, compensation,	2029
expense allowances, hours, leaves of absence, and vacations of the	2030
personnel of the division and shall fix their duties. The duties	2031
of the personnel, in addition to other statutory duties, shall	2032
include the handling, servicing, and investigation of divorce,	2033
dissolution of marriage, legal separation, and annulment cases and	2034
providing any counseling and conciliation services that the	2035
division makes available to persons, whether or not the persons	2036
are parties to an action pending in the division, who request the	2037
services.	2038

(2) The judge of the court of common pleas whose term begins	2039
on January 4, 1979, and successors, shall have the same	2040
qualifications, exercise the same powers and jurisdiction, and	2041
receive the same compensation as other judges of the court of	2042
common pleas of Lake county, shall be elected and designated as	2043
judge of the court of common pleas, juvenile division, and shall	2044
be the juvenile judge as provided in Chapters 2151. and 2152. of	2045
the Revised Code, with the powers and jurisdictions conferred by	2046
those chapters. The judge of the court of common pleas, juvenile	2047
division, shall be the administrator of the juvenile division and	2048
its subdivisions and departments. The judge shall have charge of	2049
the employment, assignment, and supervision of the personnel of	2050
the juvenile division who are engaged in handling, servicing, or	2051
investigating juvenile cases, including any referees whom the	2052
judge considers necessary for the discharge of the judge's various	2053
duties.	2054

The judge also shall designate the title, compensation,	2055
expense allowances, hours, leaves of absence, and vacation of the	2056
personnel of the division and shall fix their duties. The duties	2057
of the personnel, in addition to other statutory duties, include	2058
the handling, servicing, and investigation of juvenile cases and	2059
providing any counseling and conciliation services that the	2060
division makes available to persons, whether or not the persons	2061
are parties to an action pending in the division, who request the	2062
services.	2063

(3) If a judge of the court of common pleas, division of	2064
domestic relations or juvenile division, is sick, absent, or	2065
unable to perform that judge's judicial duties or the volume of	2066
cases pending in the judge's division necessitates it, the duties	2067
of that judge shall be performed by the other judges of the	2068
domestic relations and juvenile divisions.	2069

(N) In Erie county:

2070

(1) The judge of the court of common pleas whose term begins	2071
on January 2, 1971, and the successors to that judge whose terms	2072
begin before January 2, 2007, shall have the same qualifications,	2073
exercise the same powers and jurisdiction, and receive the same	2074
compensation as the other judge of the court of common pleas of	2075
Erie county and shall be elected and designated as judge of the	2076
court of common pleas, division of domestic relations. The judge	2077
shall have all the powers relating to juvenile courts, and shall	2078
be assigned all cases under Chapters 2151. and 2152. of the	2079
Revised Code, parentage proceedings over which the juvenile court	2080
has jurisdiction, and divorce, dissolution of marriage, legal	2081
separation, and annulment cases, except cases that for some	2082
special reason are assigned to some other judge.	2083

On or after January 2, 2007, the judge of the court of common	2084
pleas who is elected in 2006 shall be the successor to the judge	2085
of the domestic relations division whose term expires on January	2086
1, 2007, shall be designated as judge of the court of common	2087
pleas, juvenile division, and shall be the juvenile judge as	2088
provided in Chapters 2151. and 2152. of the Revised Code with the	2089
powers and jurisdictions conferred by those chapters.	2090

(2) The judge of the court of common pleas, general division,	2091
whose term begins on January 1, 2005, and successors, the judge of	2092
the court of common pleas, general division whose term begins on	2093
January 2, 2005, and successors, and the judge of the court of	2094
common pleas, general division, whose term begins February 9,	2095
2009, and successors, shall have assigned to them, in addition to	2096
all matters that are within the jurisdiction of the general	2097
division of the court of common pleas, all divorce, dissolution of	2098
marriage, legal separation, and annulment cases coming before the	2099
court, and all matters that are within the jurisdiction of the	2100
probate court under Chapter 2101., and other provisions, of the	2101
Revised Code.	2102

(O) In Greene county:

2103

(1) The judge of the court of common pleas whose term begins	2104
on January 1, 1961, and successors, shall have the same	2105
qualifications, exercise the same powers and jurisdiction, and	2106
receive the same compensation as the other judges of the court of	2107
common pleas of Greene county and shall be elected and designated	2108
as the judge of the court of common pleas, division of domestic	2109
relations. The judge shall be assigned all divorce, dissolution of	2110
marriage, legal separation, annulment, uniform reciprocal support	2111
enforcement, and domestic violence cases and all other cases	2112
related to domestic relations, except cases that for some special	2113
reason are assigned to some other judge of the court of common	2114
pleas.	2115

The judge shall be charged with the assignment and division	2116
of the work of the division and with the employment and	2117
supervision of all other personnel of the division. The judge also	2118
shall designate the title, compensation, hours, leaves of absence,	2119
and vacations of the personnel of the division and shall fix their	2120
duties. The duties of the personnel of the division, in addition	2121
to other statutory duties, shall include the handling, servicing,	2122
and investigation of divorce, dissolution of marriage, legal	2123
separation, and annulment cases and the provision of counseling	2124
and conciliation services that the division considers necessary	2125
and makes available to persons who request the services, whether	2126
or not the persons are parties in an action pending in the	2127
division. The compensation for the personnel shall be paid from	2128
the overall court budget and shall be included in the	2129
appropriations for the existing judges of the general division of	2130
the court of common pleas.	2131

(2) The judge of the court of common pleas whose term begins	2132
on January 1, 1995, and successors, shall have the same	2133
qualifications, exercise the same powers and jurisdiction, and	2134
receive the same compensation as the other judges of the court of	2135
common pleas of Greene county, shall be elected and designated as	2136
judge of the court of common pleas, juvenile division, and, on or	2137
after January 1, 1995, shall be the juvenile judge as provided in	2138
Chapters 2151. and 2152. of the Revised Code with the powers and	2139
jurisdiction conferred by those chapters. The judge of the court	2140
of common pleas, juvenile division, shall be the administrator of	2141
the juvenile division and its subdivisions and departments. The	2142
judge shall have charge of the employment, assignment, and	2143
supervision of the personnel of the juvenile division who are	2144
engaged in handling, servicing, or investigating juvenile cases,	2145
including any referees whom the judge considers necessary for the	2146
discharge of the judge's various duties.	2147

The judge also shall designate the title, compensation,	2148
expense allowances, hours, leaves of absence, and vacation of the	2149
personnel of the division and shall fix their duties. The duties	2150
of the personnel, in addition to other statutory duties, include	2151
the handling, servicing, and investigation of juvenile cases and	2152
providing any counseling and conciliation services that the court	2153
makes available to persons, whether or not the persons are parties	2154
to an action pending in the court, who request the services.	2155

(3) If one of the judges of the court of common pleas,	2156
general division, is sick, absent, or unable to perform that	2157
judge's judicial duties or the volume of cases pending in the	2158
general division necessitates it, the duties of that judge of the	2159
general division shall be performed by the judge of the division	2160
of domestic relations and the judge of the juvenile division.	2161

(P) In Portage county, the judge of the court of common	2162
pleas, whose term begins January 2, 1987, and successors, shall	2163
have the same qualifications, exercise the same powers and	2164
jurisdiction, and receive the same compensation as the other	2165
judges of the court of common pleas of Portage county and shall be	2166
elected and designated as judge of the court of common pleas,	2167
division of domestic relations. The judge shall be assigned all	2168
divorce, dissolution of marriage, legal separation, and annulment	2169
cases coming before the court, except in cases that for some	2170
special reason are assigned to some other judge of the court of	2171
common pleas. The judge shall be charged with the assignment and	2172
division of the work of the division and with the employment and	2173
supervision of all other personnel of the domestic relations	2174
division.	2175

The judge also shall designate the title, compensation,	2176
expense allowances, hours, leaves of absence, and vacations of the	2177
personnel of the division and shall fix their duties. The duties	2178
of the personnel, in addition to other statutory duties, shall	2179
include the handling, servicing, and investigation of divorce,	2180
dissolution of marriage, legal separation, and annulment cases and	2181
providing any counseling and conciliation services that the	2182
division makes available to persons, whether or not the persons	2183
are parties to an action pending in the division, who request the	2184
services.	2185

(Q) In Clermont county, the judge of the court of common	2186
pleas, whose term begins January 2, 1987, and successors, shall	2187
have the same qualifications, exercise the same powers and	2188
jurisdiction, and receive the same compensation as the other	2189
judges of the court of common pleas of Clermont county and shall	2190
be elected and designated as judge of the court of common pleas,	2191
division of domestic relations. The judge shall be assigned all	2192
divorce, dissolution of marriage, legal separation, and annulment	2193
cases coming before the court, except in cases that for some	2194
special reason are assigned to some other judge of the court of	2195
common pleas. The judge shall be charged with the assignment and	2196
division of the work of the division and with the employment and	2197
supervision of all other personnel of the domestic relations	2198
division.	2199

The judge also shall designate the title, compensation,	2200
expense allowances, hours, leaves of absence, and vacations of the	2201
personnel of the division and shall fix their duties. The duties	2202
of the personnel, in addition to other statutory duties, shall	2203
include the handling, servicing, and investigation of divorce,	2204
dissolution of marriage, legal separation, and annulment cases and	2205
providing any counseling and conciliation services that the	2206
division makes available to persons, whether or not the persons	2207
are parties to an action pending in the division, who request the	2208
services.	2209

(R) In Warren county, the judge of the court of common pleas,	2210
whose term begins January 1, 1987, and successors, shall have the	2211
same qualifications, exercise the same powers and jurisdiction,	2212
and receive the same compensation as the other judges of the court	2213
of common pleas of Warren county and shall be elected and	2214
designated as judge of the court of common pleas, division of	2215
domestic relations. The judge shall be assigned all divorce,	2216
dissolution of marriage, legal separation, and annulment cases	2217
coming before the court, except in cases that for some special	2218
reason are assigned to some other judge of the court of common	2219
pleas. The judge shall be charged with the assignment and division	2220
of the work of the division and with the employment and	2221
supervision of all other personnel of the domestic relations	2222
division.	2223

The judge also shall designate the title, compensation,	2224
expense allowances, hours, leaves of absence, and vacations of the	2225
personnel of the division and shall fix their duties. The duties	2226
of the personnel, in addition to other statutory duties, shall	2227
include the handling, servicing, and investigation of divorce,	2228
dissolution of marriage, legal separation, and annulment cases and	2229
providing any counseling and conciliation services that the	2230
division makes available to persons, whether or not the persons	2231
are parties to an action pending in the division, who request the	2232
services.	2233

(S) In Licking county, the judges of the court of common	2234
pleas, whose terms begin on January 1, 1991, and January 1, 2005,	2235
and successors, shall have the same qualifications, exercise the	2236
same powers and jurisdiction, and receive the same compensation as	2237
the other judges of the court of common pleas of Licking county	2238
and shall be elected and designated as judges of the court of	2239
common pleas, division of domestic relations. The judges shall be	2240
assigned all divorce, dissolution of marriage, legal separation,	2241
and annulment cases, all cases arising under Chapter 3111. of the	2242
Revised Code, all proceedings involving child support, the	2243
allocation of parental rights and responsibilities for the care of	2244
children and the designation for the children of a place of	2245
residence and legal custodian, parenting time, and visitation, and	2246
all post-decree proceedings and matters arising from those cases	2247
and proceedings, except in cases that for some special reason are	2248
assigned to another judge of the court of common pleas. The	2249
administrative judge of the division of domestic relations shall	2250
be charged with the assignment and division of the work of the	2251
division and with the employment and supervision of the personnel	2252
of the division.	2253

The administrative judge of the division of domestic	2254
relations shall designate the title, compensation, expense	2255
allowances, hours, leaves of absence, and vacations of the	2256
personnel of the division and shall fix the duties of the	2257
personnel of the division. The duties of the personnel of the	2258
division, in addition to other statutory duties, shall include the	2259
handling, servicing, and investigation of divorce, dissolution of	2260
marriage, legal separation, and annulment cases, cases arising	2261
under Chapter 3111. of the Revised Code, and proceedings involving	2262
child support, the allocation of parental rights and	2263
responsibilities for the care of children and the designation for	2264
the children of a place of residence and legal custodian,	2265
parenting time, and visitation and providing any counseling and	2266
conciliation services that the division makes available to	2267
persons, whether or not the persons are parties to an action	2268
pending in the division, who request the services.	2269

(T) In Allen county, the judge of the court of common pleas,	2270
whose term begins January 1, 1993, and successors, shall have the	2271
same qualifications, exercise the same powers and jurisdiction,	2272
and receive the same compensation as the other judges of the court	2273
of common pleas of Allen county and shall be elected and	2274
designated as judge of the court of common pleas, division of	2275
domestic relations. The judge shall be assigned all divorce,	2276
dissolution of marriage, legal separation, and annulment cases,	2277
all cases arising under Chapter 3111. of the Revised Code, all	2278
proceedings involving child support, the allocation of parental	2279
rights and responsibilities for the care of children and the	2280
designation for the children of a place of residence and legal	2281
custodian, parenting time, and visitation, and all post-decree	2282
proceedings and matters arising from those cases and proceedings,	2283
except in cases that for some special reason are assigned to	2284
another judge of the court of common pleas. The judge shall be	2285
charged with the assignment and division of the work of the	2286
division and with the employment and supervision of the personnel	2287
of the division.	2288

The judge shall designate the title, compensation, expense	2289
allowances, hours, leaves of absence, and vacations of the	2290
personnel of the division and shall fix the duties of the	2291
personnel of the division. The duties of the personnel of the	2292
division, in addition to other statutory duties, shall include the	2293
handling, servicing, and investigation of divorce, dissolution of	2294
marriage, legal separation, and annulment cases, cases arising	2295
under Chapter 3111. of the Revised Code, and proceedings involving	2296
child support, the allocation of parental rights and	2297
responsibilities for the care of children and the designation for	2298
the children of a place of residence and legal custodian,	2299
parenting time, and visitation, and providing any counseling and	2300
conciliation services that the division makes available to	2301
persons, whether or not the persons are parties to an action	2302
pending in the division, who request the services.	2303

(U) In Medina county, the judge of the court of common pleas	2304
whose term begins January 1, 1995, and successors, shall have the	2305
same qualifications, exercise the same powers and jurisdiction,	2306
and receive the same compensation as other judges of the court of	2307
common pleas of Medina county and shall be elected and designated	2308
as judge of the court of common pleas, division of domestic	2309
relations. The judge shall be assigned all divorce, dissolution of	2310
marriage, legal separation, and annulment cases, all cases arising	2311
under Chapter 3111. of the Revised Code, all proceedings involving	2312
child support, the allocation of parental rights and	2313
responsibilities for the care of children and the designation for	2314
the children of a place of residence and legal custodian,	2315
parenting time, and visitation, and all post-decree proceedings	2316
and matters arising from those cases and proceedings, except in	2317
cases that for some special reason are assigned to another judge	2318
of the court of common pleas. The judge shall be charged with the	2319
assignment and division of the work of the division and with the	2320
employment and supervision of the personnel of the division.	2321

The judge shall designate the title, compensation, expense	2322
allowances, hours, leaves of absence, and vacations of the	2323
personnel of the division and shall fix the duties of the	2324
personnel of the division. The duties of the personnel, in	2325
addition to other statutory duties, include the handling,	2326
servicing, and investigation of divorce, dissolution of marriage,	2327
legal separation, and annulment cases, cases arising under Chapter	2328
3111. of the Revised Code, and proceedings involving child	2329
support, the allocation of parental rights and responsibilities	2330
for the care of children and the designation for the children of a	2331
place of residence and legal custodian, parenting time, and	2332
visitation, and providing counseling and conciliation services	2333
that the division makes available to persons, whether or not the	2334
persons are parties to an action pending in the division, who	2335
request the services.	2336

(V) In Fairfield county, the judge of the court of common	2337
pleas whose term begins January 2, 1995, and successors, shall	2338
have the same qualifications, exercise the same powers and	2339
jurisdiction, and receive the same compensation as the other	2340
judges of the court of common pleas of Fairfield county and shall	2341
be elected and designated as judge of the court of common pleas,	2342
division of domestic relations. The judge shall be assigned all	2343
divorce, dissolution of marriage, legal separation, and annulment	2344
cases, all cases arising under Chapter 3111. of the Revised Code,	2345
all proceedings involving child support, the allocation of	2346
parental rights and responsibilities for the care of children and	2347
the designation for the children of a place of residence and legal	2348
custodian, parenting time, and visitation, and all post-decree	2349
proceedings and matters arising from those cases and proceedings,	2350
except in cases that for some special reason are assigned to	2351
another judge of the court of common pleas. The judge also has	2352
concurrent jurisdiction with the probate-juvenile division of the	2353
court of common pleas of Fairfield county with respect to and may	2354
hear cases to determine the custody of a child, as defined in	2355
section 2151.011 of the Revised Code, who is not the ward of	2356
another court of this state, cases that are commenced by a parent,	2357
guardian, or custodian of a child, as defined in section 2151.011	2358
of the Revised Code, to obtain an order requiring a parent of the	2359
child to pay child support for that child when the request for	2360
that order is not ancillary to an action for divorce, dissolution	2361
of marriage, annulment, or legal separation, a criminal or civil	2362
action involving an allegation of domestic violence, an action for	2363
support under Chapter 3115. of the Revised Code, or an action that	2364
is within the exclusive original jurisdiction of the	2365
probate-juvenile division of the court of common pleas of	2366
Fairfield county and that involves an allegation that the child is	2367
an abused, neglected, or dependent child, and post-decree	2368
proceedings and matters arising from those types of cases.	2369

The judge of the domestic relations division shall be charged	2370
with the assignment and division of the work of the division and	2371
with the employment and supervision of the personnel of the	2372
division.	2373

The judge shall designate the title, compensation, expense	2374
allowances, hours, leaves of absence, and vacations of the	2375
personnel of the division and shall fix the duties of the	2376
personnel of the division. The duties of the personnel of the	2377
division, in addition to other statutory duties, shall include the	2378
handling, servicing, and investigation of divorce, dissolution of	2379
marriage, legal separation, and annulment cases, cases arising	2380
under Chapter 3111. of the Revised Code, and proceedings involving	2381
child support, the allocation of parental rights and	2382
responsibilities for the care of children and the designation for	2383
the children of a place of residence and legal custodian,	2384
parenting time, and visitation, and providing any counseling and	2385
conciliation services that the division makes available to	2386
persons, regardless of whether the persons are parties to an	2387
action pending in the division, who request the services. When the	2388
judge hears a case to determine the custody of a child, as defined	2389
in section 2151.011 of the Revised Code, who is not the ward of	2390
another court of this state or a case that is commenced by a	2391
parent, guardian, or custodian of a child, as defined in section	2392
2151.011 of the Revised Code, to obtain an order requiring a	2393
parent of the child to pay child support for that child when the	2394
request for that order is not ancillary to an action for divorce,	2395
dissolution of marriage, annulment, or legal separation, a	2396
criminal or civil action involving an allegation of domestic	2397
violence, an action for support under Chapter 3115. of the Revised	2398
Code, or an action that is within the exclusive original	2399
jurisdiction of the probate-juvenile division of the court of	2400
common pleas of Fairfield county and that involves an allegation	2401
that the child is an abused, neglected, or dependent child, the	2402
duties of the personnel of the domestic relations division also	2403
include the handling, servicing, and investigation of those types	2404
of cases.	2405

(W)(1) In Clark county, the judge of the court of common	2406
pleas whose term begins on January 2, 1995, and successors, shall	2407
have the same qualifications, exercise the same powers and	2408
jurisdiction, and receive the same compensation as other judges of	2409
the court of common pleas of Clark county and shall be elected and	2410
designated as judge of the court of common pleas, domestic	2411
relations division. The judge shall have all the powers relating	2412
to juvenile courts, and all cases under Chapters 2151. and 2152.	2413
of the Revised Code and all parentage proceedings under Chapter	2414
3111. of the Revised Code over which the juvenile court has	2415
jurisdiction shall be assigned to the judge of the division of	2416
domestic relations. All divorce, dissolution of marriage, legal	2417
separation, annulment, uniform reciprocal support enforcement, and	2418
other cases related to domestic relations shall be assigned to the	2419
domestic relations division, and the presiding judge of the court	2420
of common pleas shall assign the cases to the judge of the	2421
domestic relations division and the judges of the general	2422
division.	2423

(2) In addition to the judge's regular duties, the judge of	2424
the division of domestic relations shall serve on the children	2425
services board and the county advisory board.	2426

(3) If the judge of the court of common pleas of Clark	2427
county, division of domestic relations, is sick, absent, or unable	2428
to perform that judge's judicial duties or if the presiding judge	2429
of the court of common pleas of Clark county determines that the	2430
volume of cases pending in the division of domestic relations	2431
necessitates it, the duties of the judge of the division of	2432
domestic relations shall be performed by the judges of the general	2433
division or probate division of the court of common pleas of Clark	2434
county, as assigned for that purpose by the presiding judge of	2435
that court, and the judges so assigned shall act in conjunction	2436
with the judge of the division of domestic relations of that	2437
court.	2438

(X) In Scioto county, the judge of the court of common pleas	2439
whose term begins January 2, 1995, and successors, shall have the	2440
same qualifications, exercise the same powers and jurisdiction,	2441
and receive the same compensation as other judges of the court of	2442
common pleas of Scioto county and shall be elected and designated	2443
as judge of the court of common pleas, division of domestic	2444
relations. The judge shall be assigned all divorce, dissolution of	2445
marriage, legal separation, and annulment cases, all cases arising	2446
under Chapter 3111. of the Revised Code, all proceedings involving	2447
child support, the allocation of parental rights and	2448
responsibilities for the care of children and the designation for	2449
the children of a place of residence and legal custodian,	2450
parenting time, visitation, and all post-decree proceedings and	2451
matters arising from those cases and proceedings, except in cases	2452
that for some special reason are assigned to another judge of the	2453
court of common pleas. The judge shall be charged with the	2454
assignment and division of the work of the division and with the	2455
employment and supervision of the personnel of the division.	2456

The judge shall designate the title, compensation, expense	2457
allowances, hours, leaves of absence, and vacations of the	2458
personnel of the division and shall fix the duties of the	2459
personnel of the division. The duties of the personnel, in	2460
addition to other statutory duties, include the handling,	2461
servicing, and investigation of divorce, dissolution of marriage,	2462
legal separation, and annulment cases, cases arising under Chapter	2463
3111. of the Revised Code, and proceedings involving child	2464
support, the allocation of parental rights and responsibilities	2465
for the care of children and the designation for the children of a	2466
place of residence and legal custodian, parenting time, and	2467
visitation, and providing counseling and conciliation services	2468
that the division makes available to persons, whether or not the	2469
persons are parties to an action pending in the division, who	2470
request the services.	2471

(Y) In Auglaize county, the judge of the probate and juvenile	2472
divisions of the Auglaize county court of common pleas also shall	2473
be the administrative judge of the domestic relations division of	2474
the court and shall be assigned all divorce, dissolution of	2475
marriage, legal separation, and annulment cases coming before the	2476
court. The judge shall have all powers as administrator of the	2477
domestic relations division and shall have charge of the personnel	2478
engaged in handling, servicing, or investigating divorce,	2479
dissolution of marriage, legal separation, and annulment cases,	2480
including any referees considered necessary for the discharge of	2481
the judge's various duties.	2482

(Z)(1) In Marion county, the judge of the court of common	2483
pleas whose term begins on February 9, 1999, and the successors to	2484
that judge, shall have the same qualifications, exercise the same	2485
powers and jurisdiction, and receive the same compensation as the	2486
other judges of the court of common pleas of Marion county and	2487
shall be elected and designated as judge of the court of common	2488
pleas, domestic relations-juvenile-probate division. Except as	2489
otherwise specified in this division, that judge, and the	2490
successors to that judge, shall have all the powers relating to	2491
juvenile courts, and all cases under Chapters 2151. and 2152. of	2492
the Revised Code, all cases arising under Chapter 3111. of the	2493
Revised Code, all divorce, dissolution of marriage, legal	2494
separation, and annulment cases, all proceedings involving child	2495
support, the allocation of parental rights and responsibilities	2496
for the care of children and the designation for the children of a	2497
place of residence and legal custodian, parenting time, and	2498
visitation, and all post-decree proceedings and matters arising	2499
from those cases and proceedings shall be assigned to that judge	2500
and the successors to that judge. Except as provided in division	2501
(Z)(2) of this section and notwithstanding any other provision of	2502
any section of the Revised Code, on and after February 9, 2003,	2503
the judge of the court of common pleas of Marion county whose term	2504
begins on February 9, 1999, and the successors to that judge,	2505
shall have all the powers relating to the probate division of the	2506
court of common pleas of Marion county in addition to the powers	2507
previously specified in this division, and shall exercise	2508
concurrent jurisdiction with the judge of the probate division of	2509
that court over all matters that are within the jurisdiction of	2510
the probate division of that court under Chapter 2101., and other	2511
provisions, of the Revised Code in addition to the jurisdiction of	2512
the domestic relations-juvenile-probate division of that court	2513
otherwise specified in division (Z)(1) of this section.	2514

(2) The judge of the domestic relations-juvenile-probate	2515
division of the court of common pleas of Marion county or the	2516
judge of the probate division of the court of common pleas of	2517
Marion county, whichever of those judges is senior in total length	2518
of service on the court of common pleas of Marion county,	2519
regardless of the division or divisions of service, shall serve as	2520
the clerk of the probate division of the court of common pleas of	2521
Marion county.	2522

(3) On and after February 9, 2003, all references in law to	2523
"the probate court," "the probate judge," "the juvenile court," or	2524
"the judge of the juvenile court" shall be construed, with respect	2525
to Marion county, as being references to both "the probate	2526
division" and "the domestic relations-juvenile-probate division"	2527
and as being references to both "the judge of the probate	2528
division" and "the judge of the domestic relations-	2529
juvenile-probate division." On and after February 9, 2003, all	2530
references in law to "the clerk of the probate court" shall be	2531
construed, with respect to Marion county, as being references to	2532
the judge who is serving pursuant to division (Z)(2) of this	2533
section as the clerk of the probate division of the court of	2534
common pleas of Marion county.	2535

(AA) In Muskingum county, the judge of the court of common	2536
pleas whose term begins on January 2, 2003, and successors, shall	2537
have the same qualifications, exercise the same powers and	2538
jurisdiction, and receive the same compensation as the other	2539
judges of the court of common pleas of Muskingum county and shall	2540
be elected and designated as the judge of the court of common	2541
pleas, division of domestic relations. The judge shall be assigned	2542
all divorce, dissolution of marriage, legal separation, and	2543
annulment cases, all cases arising under Chapter 3111. of the	2544
Revised Code, all proceedings involving child support, the	2545
allocation of parental rights and responsibilities for the care of	2546
children and the designation for the children of a place of	2547
residence and legal custodian, parenting time, and visitation, and	2548
all post-decree proceedings and matters arising from those cases	2549
and proceedings, except in cases that for some special reason are	2550
assigned to another judge of the court of common pleas. The judge	2551
shall be charged with the assignment and division of the work of	2552
the division and with the employment and supervision of the	2553
personnel of the division.	2554

The judge shall designate the title, compensation, expense	2555
allowances, hours, leaves of absence, and vacations of the	2556
personnel of the division and shall fix the duties of the	2557
personnel of the division. The duties of the personnel of the	2558
division, in addition to other statutory duties, shall include the	2559
handling, servicing, and investigation of divorce, dissolution of	2560
marriage, legal separation, and annulment cases, cases arising	2561
under Chapter 3111. of the Revised Code, and proceedings involving	2562
child support, the allocation of parental rights and	2563
responsibilities for the care of children and the designation for	2564
the children of a place of residence and legal custodian,	2565
parenting time, and visitation and providing any counseling and	2566
conciliation services that the division makes available to	2567
persons, whether or not the persons are parties to an action	2568
pending in the division, who request the services.	2569

(BB) In Henry county, the judge of the court of common pleas	2570
whose term begins on January 1, 2005, and successors, shall have	2571
the same qualifications, exercise the same powers and	2572
jurisdiction, and receive the same compensation as the other judge	2573
of the court of common pleas of Henry county and shall be elected	2574
and designated as the judge of the court of common pleas, division	2575
of domestic relations. The judge shall have all of the powers	2576
relating to juvenile courts, and all cases under Chapter 2151. or	2577
2152. of the Revised Code, all parentage proceedings arising under	2578
Chapter 3111. of the Revised Code over which the juvenile court	2579
has jurisdiction, all divorce, dissolution of marriage, legal	2580
separation, and annulment cases, all proceedings involving child	2581
support, the allocation of parental rights and responsibilities	2582
for the care of children and the designation for the children of a	2583
place of residence and legal custodian, parenting time, and	2584
visitation, and all post-decree proceedings and matters arising	2585
from those cases and proceedings shall be assigned to that judge,	2586
except in cases that for some special reason are assigned to the	2587
other judge of the court of common pleas.	2588

(CC)(1) In Logan county, the judge of the court of common	2589
pleas whose term begins January 2, 2005, and the successors to	2590
that judge, shall have the same qualifications, exercise the same	2591
powers and jurisdiction, and receive the same compensation as the	2592
other judges of the court of common pleas of Logan county and	2593
shall be elected and designated as judge of the court of common	2594
pleas, domestic relations-juvenile-probate division. Except as	2595
otherwise specified in this division, that judge, and the	2596
successors to that judge, shall have all the powers relating to	2597
juvenile courts, and all cases under Chapters 2151. and 2152. of	2598
the Revised Code, all cases arising under Chapter 3111. of the	2599
Revised Code, all divorce, dissolution of marriage, legal	2600
separation, and annulment cases, all proceedings involving child	2601
support, the allocation of parental rights and responsibilities	2602
for the care of children and designation for the children of a	2603
place of residence and legal custodian, parenting time, and	2604
visitation, and all post-decree proceedings and matters arising	2605
from those cases and proceedings shall be assigned to that judge	2606
and the successors to that judge. Notwithstanding any other	2607
provision of any section of the Revised Code, on and after January	2608
2, 2005, the judge of the court of common pleas of Logan county	2609
whose term begins on January 2, 2005, and the successors to that	2610
judge, shall have all the powers relating to the probate division	2611
of the court of common pleas of Logan county in addition to the	2612
powers previously specified in this division and shall exercise	2613
concurrent jurisdiction with the judge of the probate division of	2614
that court over all matters that are within the jurisdiction of	2615
the probate division of that court under Chapter 2101., and other	2616
provisions, of the Revised Code in addition to the jurisdiction of	2617
the domestic relations-juvenile-probate division of that court	2618
otherwise specified in division (CC)(1) of this section.	2619

(2) The judge of the domestic relations-juvenile-probate	2620
division of the court of common pleas of Logan county or the	2621
probate judge of the court of common pleas of Logan county who is	2622
elected as the administrative judge of the probate division of the	2623
court of common pleas of Logan county pursuant to Rule 4 of the	2624
Rules of Superintendence shall be the clerk of the probate	2625
division and juvenile division of the court of common pleas of	2626
Logan county. The clerk of the court of common pleas who is	2627
elected pursuant to section 2303.01 of the Revised Code shall keep	2628
all of the journals, records, books, papers, and files pertaining	2629
to the domestic relations cases.	2630

(3) On and after January 2, 2005, all references in law to	2631
"the probate court," "the probate judge," "the juvenile court," or	2632
"the judge of the juvenile court" shall be construed, with respect	2633
to Logan county, as being references to both "the probate	2634
division" and the "domestic relations-juvenile-probate division"	2635
and as being references to both "the judge of the probate	2636
division" and the "judge of the domestic	2637
relations-juvenile-probate division." On and after January 2,	2638
2005, all references in law to "the clerk of the probate court"	2639
shall be construed, with respect to Logan county, as being	2640
references to the judge who is serving pursuant to division	2641
(CC)(2) of this section as the clerk of the probate division of	2642
the court of common pleas of Logan county.	2643

(DD)(1) In Champaign county, the judge of the court of common	2644
pleas whose term begins February 9, 2003, and the judge of the	2645
court of common pleas whose term begins February 10, 2009, and the	2646
successors to those judges, shall have the same qualifications,	2647
exercise the same powers and jurisdiction, and receive the same	2648
compensation as the other judges of the court of common pleas of	2649
Champaign county and shall be elected and designated as judges of	2650
the court of common pleas, domestic relations-juvenile-probate	2651
division. Except as otherwise specified in this division, those	2652
judges, and the successors to those judges, shall have all the	2653
powers relating to juvenile courts, and all cases under Chapters	2654
2151. and 2152. of the Revised Code, all cases arising under	2655
Chapter 3111. of the Revised Code, all divorce, dissolution of	2656
marriage, legal separation, and annulment cases, all proceedings	2657
involving child support, the allocation of parental rights and	2658
responsibilities for the care of children and the designation for	2659
the children of a place of residence and legal custodian,	2660
parenting time, and visitation, and all post-decree proceedings	2661
and matters arising from those cases and proceedings shall be	2662
assigned to those judges and the successors to those judges.	2663
Notwithstanding any other provision of any section of the Revised	2664
Code, on and after February 9, 2009, the judges designated by this	2665
division as judges of the court of common pleas of Champaign	2666
county, domestic relations-juvenile-probate division, and the	2667
successors to those judges, shall have all the powers relating to	2668
probate courts in addition to the powers previously specified in	2669
this division and shall exercise jurisdiction over all matters	2670
that are within the jurisdiction of probate courts under Chapter	2671
2101., and other provisions, of the Revised Code in addition to	2672
the jurisdiction of the domestic relations-juvenile-probate	2673
division otherwise specified in division (DD)(1) of this section.	2674

(2) On and after February 9, 2009, all references in law to	2675
"the probate court," "the probate judge," "the juvenile court," or	2676
"the judge of the juvenile court" shall be construed with respect	2677
to Champaign county as being references to the "domestic	2678
relations-juvenile-probate division" and as being references to	2679
the "judge of the domestic relations-juvenile-probate division."	2680
On and after February 9, 2009, all references in law to "the clerk	2681
of the probate court" shall be construed with respect to Champaign	2682
county as being references to the judge who is serving pursuant to	2683
Rule 4 of the Rules of Superintendence for the Courts of Ohio as	2684
the administrative judge of the court of common pleas, domestic	2685
relations-juvenile-probate division.	2686

(EE) If a judge of the court of common pleas, division of	2687
domestic relations, or juvenile judge, of any of the counties	2688
mentioned in this section is sick, absent, or unable to perform	2689
that judge's judicial duties or the volume of cases pending in the	2690
judge's division necessitates it, the duties of that judge shall	2691
be performed by another judge of the court of common pleas of that	2692
county, assigned for that purpose by the presiding judge of the	2693
court of common pleas of that county to act in place of or in	2694
conjunction with that judge, as the case may require.	2695

Sec. 2743.191.  (A)(1) There is hereby created in the state	2696
treasury the reparations fund, which shall be used only for the	2697
following purposes:	2698

(a) The payment of awards of reparations that are granted by	2699
the attorney general;	2700

(b) The compensation of any personnel needed by the attorney	2701
general to administer sections 2743.51 to 2743.72 of the Revised	2702
Code;	2703

(c) The compensation of witnesses as provided in division (J)	2704
of section 2743.65 of the Revised Code;	2705

(d) Other administrative costs of hearing and determining	2706
claims for an award of reparations by the attorney general;	2707

(e) The costs of administering sections 2907.28 and 2969.01	2708
to 2969.06 of the Revised Code;	2709

(f) The costs of investigation and decision-making as	2710
certified by the attorney general;	2711

(g) The provision of state financial assistance to victim	2712
assistance programs in accordance with sections 109.91 and 109.92	2713
of the Revised Code;	2714

(h) The costs of paying the expenses of sex offense-related	2715
examinations and antibiotics pursuant to section 2907.28 of the	2716
Revised Code;	2717

(i) The cost of printing and distributing the pamphlet	2718
prepared by the attorney general pursuant to section 109.42 of the	2719
Revised Code;	2720

(j) Subject to division (D) of section 2743.71 of the Revised	2721
Code, the costs associated with the printing and providing of	2722
information cards or other printed materials to law enforcement	2723
agencies and prosecuting authorities and with publicizing the	2724
availability of awards of reparations pursuant to section 2743.71	2725
of the Revised Code;	2726

(k) The payment of costs of administering a DNA specimen	2727
collection procedure pursuant to sections 2152.74 and 2901.07 of	2728
the Revised Code, of performing DNA analysis of those DNA	2729
specimens, and of entering the resulting DNA records regarding	2730
those analyses into the DNA database pursuant to section 109.573	2731
of the Revised Code;	2732

(l) The payment of actual costs associated with initiatives	2733
by the attorney general for the apprehension, prosecution, and	2734
accountability of offenders, and the enhancing of services to	2735
crime victims. The amount of payments made pursuant to division	2736
(A)(1)(l) of this section during any given fiscal year shall not	2737
exceed five per cent of the balance of the reparations fund at the	2738
close of the immediately previous fiscal year;	2739

(m) The costs of administering the adult parole authority's	2740
supervision pursuant to division (E) of section 2971.05 of the	2741
Revised Code of sexually violent predators who are sentenced to a	2742
prison term pursuant to division (A)(3) of section 2971.03 of the	2743
Revised Code and of offenders who are sentenced to a prison term	2744
pursuant to division (B)(1)(a), (b), or (c), (B)(2)(a), (b), or	2745
(c), or (B)(3)(a), (b), (c), or (d) of that section;	2746

(n) TheSubject to the limit set forth in those sections, the	2747
costs of the installation and monitoring of an electronic	2748
monitoring device used in the monitoring of a respondent pursuant	2749
to an electronic monitoring order issued by a court under division	2750
(E)(1)(b) of section 2151.34 or division (E)(1)(b) of section	2751
2903.214 of the Revised Code if the court determines that the	2752
respondent is indigent or used in the monitoring of an offender	2753
pursuant to an electronic monitoring order issued under division	2754
(B)(5) of section 2919.27 of the Revised Code if the court	2755
determines that the offender is indigent.	2756

(2) All costs paid pursuant to section 2743.70 of the Revised	2757
Code, the portions of license reinstatement fees mandated by	2758
division (F)(2)(b) of section 4511.191 of the Revised Code to be	2759
credited to the fund, the portions of the proceeds of the sale of	2760
a forfeited vehicle specified in division (C)(2) of section	2761
4503.234 of the Revised Code, payments collected by the department	2762
of rehabilitation and correction from prisoners who voluntarily	2763
participate in an approved work and training program pursuant to	2764
division (C)(8)(b)(ii) of section 5145.16 of the Revised Code, and	2765
all moneys collected by the state pursuant to its right of	2766
subrogation provided in section 2743.72 of the Revised Code shall	2767
be deposited in the fund.	2768

(B) In making an award of reparations, the attorney general	2769
shall render the award against the state. The award shall be	2770
accomplished only through the following procedure, and the	2771
following procedure may be enforced by writ of mandamus directed	2772
to the appropriate official:	2773

(1) The attorney general shall provide for payment of the	2774
claimant or providers in the amount of the award only if the	2775
amount of the award is fifty dollars or more.	2776

(2) The expense shall be charged against all available	2777
unencumbered moneys in the fund.	2778

(3) If sufficient unencumbered moneys do not exist in the	2779
fund, the attorney general shall make application for payment of	2780
the award out of the emergency purposes account or any other	2781
appropriation for emergencies or contingencies, and payment out of	2782
this account or other appropriation shall be authorized if there	2783
are sufficient moneys greater than the sum total of then pending	2784
emergency purposes account requests or requests for releases from	2785
the other appropriations.	2786

(4) If sufficient moneys do not exist in the account or any	2787
other appropriation for emergencies or contingencies to pay the	2788
award, the attorney general shall request the general assembly to	2789
make an appropriation sufficient to pay the award, and no payment	2790
shall be made until the appropriation has been made. The attorney	2791
general shall make this appropriation request during the current	2792
biennium and during each succeeding biennium until a sufficient	2793
appropriation is made. If, prior to the time that an appropriation	2794
is made by the general assembly pursuant to this division, the	2795
fund has sufficient unencumbered funds to pay the award or part of	2796
the award, the available funds shall be used to pay the award or	2797
part of the award, and the appropriation request shall be amended	2798
to request only sufficient funds to pay that part of the award	2799
that is unpaid.	2800

(C) The attorney general shall not make payment on a decision	2801
or order granting an award until all appeals have been determined	2802
and all rights to appeal exhausted, except as otherwise provided	2803
in this section. If any party to a claim for an award of	2804
reparations appeals from only a portion of an award, and a	2805
remaining portion provides for the payment of money by the state,	2806
that part of the award calling for the payment of money by the	2807
state and not a subject of the appeal shall be processed for	2808
payment as described in this section.	2809

(D) The attorney general shall prepare itemized bills for the	2810
costs of printing and distributing the pamphlet the attorney	2811
general prepares pursuant to section 109.42 of the Revised Code.	2812
The itemized bills shall set forth the name and address of the	2813
persons owed the amounts set forth in them.	2814

(E) As used in this section, "DNA analysis" and "DNA	2815
specimen" have the same meanings as in section 109.573 of the	2816
Revised Code.	2817

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

2818

(1) "Court" means the court of common pleas of the county in	2819
which the person to be protected by the protection order resides.	2820

(2) "Victim advocate" means a person who provides support and	2821
assistance for a person who files a petition under this section.	2822

(3) "Family or household member" has the same meaning as in	2823
section 3113.31 of the Revised Code.	2824

(4) "Protection order issued by a court of another state" has	2825
the same meaning as in section 2919.27 of the Revised Code.	2826

(5) "Sexually oriented offense" has the same meaning as in	2827
section 2950.01 of the Revised Code.	2828

(6) "Electronic monitoring" has the same meaning as in	2829
section 2929.01 of the Revised Code.	2830

(B) The court has jurisdiction over all proceedings under	2831
this section.	2832

(C) A person may seek relief under this section for the	2833
person, or any parent or adult household member may seek relief	2834
under this section on behalf of any other family or household	2835
member, by filing a petition with the court. The petition shall	2836
contain or state all of the following:	2837

(1) An allegation that the respondent is eighteen years of	2838
age or older and engaged in a violation of section 2903.211 of the	2839
Revised Code against the person to be protected by the protection	2840
order or committed a sexually oriented offense against the person	2841
to be protected by the protection order, including a description	2842
of the nature and extent of the violation;	2843

(2) If the petitioner seeks relief in the form of electronic	2844
monitoring of the respondent, an allegation that at any time	2845
preceding the filing of the petition the respondent engaged in	2846
conduct that would cause a reasonable person to believe that the	2847
health, welfare, or safety of the person to be protected was at	2848
risk, a description of the nature and extent of that conduct, and	2849
an allegation that the respondent presents a continuing danger to	2850
the person to be protected;	2851

(3) A request for relief under this section.

2852

(D)(1) If a person who files a petition pursuant to this	2853
section requests an ex parte order, the court shall hold an ex	2854
parte hearing as soon as possible after the petition is filed, but	2855
not later than the next day that the court is in session after the	2856
petition is filed. The court, for good cause shown at the ex parte	2857
hearing, may enter any temporary orders, with or without bond,	2858
that the court finds necessary for the safety and protection of	2859
the person to be protected by the order. Immediate and present	2860
danger to the person to be protected by the protection order	2861
constitutes good cause for purposes of this section. Immediate and	2862
present danger includes, but is not limited to, situations in	2863
which the respondent has threatened the person to be protected by	2864
the protection order with bodily harm or in which the respondent	2865
previously has been convicted of or pleaded guilty to a violation	2866
of section 2903.211 of the Revised Code or a sexually oriented	2867
offense against the person to be protected by the protection	2868
order.	2869

(2)(a) If the court, after an ex parte hearing, issues a	2870
protection order described in division (E) of this section, the	2871
court shall schedule a full hearing for a date that is within ten	2872
court days after the ex parte hearing. The court shall give the	2873
respondent notice of, and an opportunity to be heard at, the full	2874
hearing. The court shall hold the full hearing on the date	2875
scheduled under this division unless the court grants a	2876
continuance of the hearing in accordance with this division. Under	2877
any of the following circumstances or for any of the following	2878
reasons, the court may grant a continuance of the full hearing to	2879
a reasonable time determined by the court:	2880

(i) Prior to the date scheduled for the full hearing under	2881
this division, the respondent has not been served with the	2882
petition filed pursuant to this section and notice of the full	2883
hearing.	2884

(ii) The parties consent to the continuance.

2885

(iii) The continuance is needed to allow a party to obtain	2886
counsel.	2887

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

2888

(b) An ex parte order issued under this section does not	2889
expire because of a failure to serve notice of the full hearing	2890
upon the respondent before the date set for the full hearing under	2891
division (D)(2)(a) of this section or because the court grants a	2892
continuance under that division.	2893

(3) If a person who files a petition pursuant to this section	2894
does not request an ex parte order, or if a person requests an ex	2895
parte order but the court does not issue an ex parte order after	2896
an ex parte hearing, the court shall proceed as in a normal civil	2897
action and grant a full hearing on the matter.	2898

(E)(1)(a) After an ex parte or full hearing, the court may	2899
issue any protection order, with or without bond, that contains	2900
terms designed to ensure the safety and protection of the person	2901
to be protected by the protection order, including, but not	2902
limited to, a requirement that the respondent refrain from	2903
entering the residence, school, business, or place of employment	2904
of the petitioner or family or household member. If the court	2905
includes a requirement that the respondent refrain from entering	2906
the residence, school, business, or place of employment of the	2907
petitioner or family or household member in the order, it also	2908
shall include in the order provisions of the type described in	2909
division (E)(5) of this section.	2910

(b) After a full hearing, if the court considering a petition	2911
that includes an allegation of the type described in division	2912
(C)(2) of this section, or the court upon its own motion, finds	2913
upon clear and convincing evidence that the petitioner reasonably	2914
believed that the respondent's conduct at any time preceding the	2915
filing of the petition endangered the health, welfare, or safety	2916
of the person to be protected and that the respondent presents a	2917
continuing danger to the person to be protected, the court may	2918
order that the respondent be electronically monitored for a period	2919
of time and under the terms and conditions that the court	2920
determines are appropriate. Electronic monitoring shall be in	2921
addition to any other relief granted to the petitioner.	2922

(2)(a) Any protection order issued pursuant to this section	2923
shall be valid until a date certain but not later than five years	2924
from the date of its issuance.	2925

(b) Any protection order issued pursuant to this section may	2926
be renewed in the same manner as the original order was issued.	2927

(3) A court may not issue a protection order that requires a	2928
petitioner to do or to refrain from doing an act that the court	2929
may require a respondent to do or to refrain from doing under	2930
division (E)(1) of this section unless all of the following apply:	2931

(a) The respondent files a separate petition for a protection	2932
order in accordance with this section.	2933

(b) The petitioner is served with notice of the respondent's	2934
petition at least forty-eight hours before the court holds a	2935
hearing with respect to the respondent's petition, or the	2936
petitioner waives the right to receive this notice.	2937

(c) If the petitioner has requested an ex parte order	2938
pursuant to division (D) of this section, the court does not delay	2939
any hearing required by that division beyond the time specified in	2940
that division in order to consolidate the hearing with a hearing	2941
on the petition filed by the respondent.	2942

(d) After a full hearing at which the respondent presents	2943
evidence in support of the request for a protection order and the	2944
petitioner is afforded an opportunity to defend against that	2945
evidence, the court determines that the petitioner has committed a	2946
violation of section 2903.211 of the Revised Code against the	2947
person to be protected by the protection order issued pursuant to	2948
division (E)(3) of this section, has committed a sexually oriented	2949
offense against the person to be protected by the protection order	2950
issued pursuant to division (E)(3) of this section, or has	2951
violated a protection order issued pursuant to section 2903.213 of	2952
the Revised Code relative to the person to be protected by the	2953
protection order issued pursuant to division (E)(3) of this	2954
section.	2955

(4) No protection order issued pursuant to this section shall	2956
in any manner affect title to any real property.	2957

(5)(a) If the court issues a protection order under this	2958
section that includes a requirement that the alleged offender	2959
refrain from entering the residence, school, business, or place of	2960
employment of the petitioner or a family or household member, the	2961
order shall clearly state that the order cannot be waived or	2962
nullified by an invitation to the alleged offender from the	2963
complainant to enter the residence, school, business, or place of	2964
employment or by the alleged offender's entry into one of those	2965
places otherwise upon the consent of the petitioner or family or	2966
household member.	2967

(b) Division (E)(5)(a) of this section does not limit any	2968
discretion of a court to determine that an alleged offender	2969
charged with a violation of section 2919.27 of the Revised Code,	2970
with a violation of a municipal ordinance substantially equivalent	2971
to that section, or with contempt of court, which charge is based	2972
on an alleged violation of a protection order issued under this	2973
section, did not commit the violation or was not in contempt of	2974
court.	2975

(F)(1) The court shall cause the delivery of a copy of any	2976
protection order that is issued under this section to the	2977
petitioner, to the respondent, and to all law enforcement agencies	2978
that have jurisdiction to enforce the order. The court shall	2979
direct that a copy of the order be delivered to the respondent on	2980
the same day that the order is entered.	2981

(2) Upon the issuance of a protection order under this	2982
section, the court shall provide the parties to the order with the	2983
following notice orally or by form:	2984

"NOTICE	2985

As a result of this order, it may be unlawful for you to	2986
possess or purchase a firearm, including a rifle, pistol, or	2987
revolver, or ammunition pursuant to federal law under 18 U.S.C.	2988
922(g)(8). If you have any questions whether this law makes it	2989
illegal for you to possess or purchase a firearm or ammunition,	2990
you should consult an attorney."	2991

(3) All law enforcement agencies shall establish and maintain	2992
an index for the protection orders delivered to the agencies	2993
pursuant to division (F)(1) of this section. With respect to each	2994
order delivered, each agency shall note on the index the date and	2995
time that it received the order.	2996

(4) Regardless of whether the petitioner has registered the	2997
protection order in the county in which the officer's agency has	2998
jurisdiction pursuant to division (M) of this section, any officer	2999
of a law enforcement agency shall enforce a protection order	3000
issued pursuant to this section by any court in this state in	3001
accordance with the provisions of the order, including removing	3002
the respondent from the premises, if appropriate.	3003

(G) Any proceeding under this section shall be conducted in	3004
accordance with the Rules of Civil Procedure, except that a	3005
protection order may be obtained under this section with or	3006
without bond. An order issued under this section, other than an ex	3007
parte order, that grants a protection order, or that refuses to	3008
grant a protection order, is a final, appealable order. The	3009
remedies and procedures provided in this section are in addition	3010
to, and not in lieu of, any other available civil or criminal	3011
remedies.	3012

(H) The filing of proceedings under this section does not	3013
excuse a person from filing any report or giving any notice	3014
required by section 2151.421 of the Revised Code or by any other	3015
law.	3016

(I) Any law enforcement agency that investigates an alleged	3017
violation of section 2903.211 of the Revised Code or an alleged	3018
commission of a sexually oriented offense shall provide	3019
information to the victim and the family or household members of	3020
the victim regarding the relief available under this section and	3021
section 2903.213 of the Revised Code.	3022

(J) Notwithstanding any provision of law to the contrary and	3023
regardless of whether a protection order is issued or a consent	3024
agreement is approved by a court of another county or by a court	3025
of another state, no court or unit of state or local government	3026
shall charge any fee, cost, deposit, or money in connection with	3027
the filing of a petition pursuant to this section, in connection	3028
with the filing, issuance, registration, or service of a	3029
protection order or consent agreement, or for obtaining a	3030
certified copy of a protection order or consent agreement.	3031

(K)(1) A person who violates a protection order issued under	3032
this section is subject to the following sanctions:	3033

(a) Criminal prosecution for a violation of section 2919.27	3034
of the Revised Code, if the violation of the protection order	3035
constitutes a violation of that section;	3036

(b) Punishment for contempt of court.

3037

(2) The punishment of a person for contempt of court for	3038
violation of a protection order issued under this section does not	3039
bar criminal prosecution of the person for a violation of section	3040
2919.27 of the Revised Code. However, a person punished for	3041
contempt of court is entitled to credit for the punishment imposed	3042
upon conviction of a violation of that section, and a person	3043
convicted of a violation of that section shall not subsequently be	3044
punished for contempt of court arising out of the same activity.	3045

(L) In all stages of a proceeding under this section, a	3046
petitioner may be accompanied by a victim advocate.	3047

(M)(1) A petitioner who obtains a protection order under this	3048
section or a protection order under section 2903.213 of the	3049
Revised Code may provide notice of the issuance or approval of the	3050
order to the judicial and law enforcement officials in any county	3051
other than the county in which the order is issued by registering	3052
that order in the other county pursuant to division (M)(2) of this	3053
section and filing a copy of the registered order with a law	3054
enforcement agency in the other county in accordance with that	3055
division. A person who obtains a protection order issued by a	3056
court of another state may provide notice of the issuance of the	3057
order to the judicial and law enforcement officials in any county	3058
of this state by registering the order in that county pursuant to	3059
section 2919.272 of the Revised Code and filing a copy of the	3060
registered order with a law enforcement agency in that county.	3061

(2) A petitioner may register a protection order issued	3062
pursuant to this section or section 2903.213 of the Revised Code	3063
in a county other than the county in which the court that issued	3064
the order is located in the following manner:	3065

(a) The petitioner shall obtain a certified copy of the order	3066
from the clerk of the court that issued the order and present that	3067
certified copy to the clerk of the court of common pleas or the	3068
clerk of a municipal court or county court in the county in which	3069
the order is to be registered.	3070

(b) Upon accepting the certified copy of the order for	3071
registration, the clerk of the court of common pleas, municipal	3072
court, or county court shall place an endorsement of registration	3073
on the order and give the petitioner a copy of the order that	3074
bears that proof of registration.	3075

(3) The clerk of each court of common pleas, municipal court,	3076
or county court shall maintain a registry of certified copies of	3077
protection orders that have been issued by courts in other	3078
counties pursuant to this section or section 2903.213 of the	3079
Revised Code and that have been registered with the clerk.	3080

(N)(1) If the court orders electronic monitoring of the	3081
respondent under this section, the court shall direct the	3082
sheriff's office or any other appropriate law enforcement agency	3083
to install the electronic monitoring device and to monitor the	3084
respondent. Unless the court determines that the respondent is	3085
indigent, the court shall order the respondent to pay the cost of	3086
the installation and monitoring of the electronic monitoring	3087
device. If the court determines that the respondent is indigent	3088
and subject to the maximum amount allowable to be paid in any year	3089
from the fund and the rules promulgated by the attorney general	3090
under division (N)(2) of this section, the cost of the	3091
installation and monitoring of the electronic monitoring device	3092
may be paid out of funds from the reparations fund created	3093
pursuant to section 2743.191 of the Revised Code. The total amount	3094
of costs for the installation and monitoring of electronic	3095
monitoring devices paid pursuant to this division and sections	3096
2151.34 and 2919.27 of the Revised Code from the reparations fund	3097
shall not exceed three hundred thousand dollars per year. The	3098

(2) The attorney general may promulgate rules pursuant to	3099
section 111.15 of the Revised Code to govern payments made from	3100
the reparations fund pursuant to this division and sections	3101
2151.34 and 2919.27 of the Revised Code. The rules may include	3102
reasonable limits on the total cost paid pursuant to this division	3103
and sections 2151.34 and 2919.27 of the Revised Code per	3104
respondent, the amount of the three hundred thousand dollars	3105
allocated to each county, and how invoices may be submitted by a	3106
county, court, or other entity.	3107

Sec. 2913.04.  (A) No person shall knowingly use or operate	3108
the property of another without the consent of the owner or person	3109
authorized to give consent.	3110

(B) No person, in any manner and by any means, including, but	3111
not limited to, computer hacking, shall knowingly gain access to,	3112
attempt to gain access to, or cause access to be gained to any	3113
computer, computer system, computer network, cable service, cable	3114
system, telecommunications device, telecommunications service, or	3115
information service without the consent of, or beyond the scope of	3116
the express or implied consent of, the owner of the computer,	3117
computer system, computer network, cable service, cable system,	3118
telecommunications device, telecommunications service, or	3119
information service or other person authorized to give consent.	3120

(C) No person shall knowingly gain access to, attempt to gain	3121
access to, cause access to be granted to, or disseminate	3122
information gained from access to the law enforcement automated	3123
database system created pursuant to section 5503.10 of the Revised	3124
Code without the consent of, or beyond the scope of the express or	3125
implied consent of, the chair of the law enforcement automated	3126
data system steering committee.	3127

(D) No person shall knowingly gain access to, attempt to gain	3128
access to, cause access to be granted to, or disseminate	3129
information gained from access to the Ohio law enforcement gateway	3130
established and operated pursuant to division (C)(1) of section	3131
109.57 of the Revised Code without the consent of, or beyond the	3132
scope of the express or implied consent of, the superintendent of	3133
the bureau of criminal identification and investigation.	3134

(E) The affirmative defenses contained in division (C) of	3135
section 2913.03 of the Revised Code are affirmative defenses to a	3136
charge under this section.	3137

(E)(F)(1) Whoever violates division (A) of this section is	3138
guilty of unauthorized use of property.	3139

(2) Except as otherwise provided in division (E)(F)(3) or (4)	3140
of this section, unauthorized use of property is a misdemeanor of	3141
the fourth degree.	3142

(3) Except as otherwise provided in division (E)(F)(4) of	3143
this section, if unauthorized use of property is committed for the	3144
purpose of devising or executing a scheme to defraud or to obtain	3145
property or services, unauthorized use of property is whichever of	3146
the following is applicable:	3147

(a) Except as otherwise provided in division (E)(F)(3)(b),	3148
(c), or (d) of this section, a misdemeanor of the first degree.	3149

(b) If the value of the property or services or the loss to	3150
the victim is five hundred dollars or more and is less than five	3151
thousand dollars, a felony of the fifth degree.	3152

(c) If the value of the property or services or the loss to	3153
the victim is five thousand dollars or more and is less than one	3154
hundred thousand dollars, a felony of the fourth degree.	3155

(d) If the value of the property or services or the loss to	3156
the victim is one hundred thousand dollars or more, a felony of	3157
the third degree.	3158

(4) If the victim of the offense is an elderly person or	3159
disabled adult, unauthorized use of property is whichever of the	3160
following is applicable:	3161

(a) Except as otherwise provided in division (E)(F)(4)(b),	3162
(c), or (d) of this section, a felony of the fifth degree;	3163

(b) If the value of the property or services or loss to the	3164
victim is five hundred dollars or more and is less than five	3165
thousand dollars, a felony of the fourth degree;	3166

(c) If the value of the property or services or loss to the	3167
victim is five thousand dollars or more and is less than	3168
twenty-five thousand dollars, a felony of the third degree;	3169

(d) If the value of the property or services or loss to the	3170
victim is twenty-five thousand dollars or more, a felony of the	3171
second degree.	3172

(F)(G)(1) Whoever violates division (B) of this section is	3173
guilty of unauthorized use of computer, cable, or	3174
telecommunication property, and shall be punished as provided in	3175
division (F)(G)(2), (3), or (4) of this section.	3176

(2) Except as otherwise provided in division (F)(G)(3) or (4)	3177
of this section, unauthorized use of computer, cable, or	3178
telecommunication property is a felony of the fifth degree.	3179

(3) Except as otherwise provided in division (F)(G)(4) of	3180
this section, if unauthorized use of computer, cable, or	3181
telecommunication property is committed for the purpose of	3182
devising or executing a scheme to defraud or to obtain property or	3183
services, for obtaining money, property, or services by false or	3184
fraudulent pretenses, or for committing any other criminal	3185
offense, unauthorized use of computer, cable, or telecommunication	3186
property is whichever of the following is applicable:	3187

(a) Except as otherwise provided in division (F)(G)(3)(b) of	3188
this section, if the value of the property or services involved or	3189
the loss to the victim is five thousand dollars or more and less	3190
than one hundred thousand dollars, a felony of the fourth degree;	3191

(b) If the value of the property or services involved or the	3192
loss to the victim is one hundred thousand dollars or more, a	3193
felony of the third degree.	3194

(4) If the victim of the offense is an elderly person or	3195
disabled adult, unauthorized use of computer, cable, or	3196
telecommunication property is whichever of the following is	3197
applicable:	3198

(a) Except as otherwise provided in division (F)(G)(4)(b),	3199
(c), or (d) of this section, a felony of the fifth degree;	3200

(b) If the value of the property or services or loss to the	3201
victim is five hundred dollars or more and is less than five	3202
thousand dollars, a felony of the fourth degree;	3203

(c) If the value of the property or services or loss to the	3204
victim is five thousand dollars or more and is less than	3205
twenty-five thousand dollars, a felony of the third degree;	3206

(d) If the value of the property or services or loss to the	3207
victim is twenty-five thousand dollars or more, a felony of the	3208
second degree.	3209

(G)(H) Whoever violates division (C) of this section is	3210
guilty of unauthorized use of the law enforcement automated	3211
database system, a felony of the fifth degree.	3212

(H)(I) Whoever violates division (D) of this section is	3213
guilty of unauthorized use of the Ohio law enforcement gateway, a	3214
felony of the fifth degree.	3215

(J) As used in this section:

3216

(1) "Cable operator" means any person or group of persons	3217
that does either of the following:	3218

(a) Provides cable service over a cable system and directly	3219
or through one or more affiliates owns a significant interest in	3220
that cable system;	3221

(b) Otherwise controls or is responsible for, through any	3222
arrangement, the management and operation of a cable system.	3223

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

3224

(a) The one-way transmission to subscribers of video	3225
programming or of information that a cable operator makes	3226
available to all subscribers generally;	3227

(b) Subscriber interaction, if any, that is required for the	3228
selection or use of video programming or of information that a	3229
cable operator makes available to all subscribers generally, both	3230
as described in division (H)(J)(2)(a) of this section;	3231

(c) Any cable television service.

3232

(3) "Cable system" means any facility, consisting of a set of	3233
closed transmission paths and associated signal generation,	3234
reception, and control equipment that is designed to provide cable	3235
service that includes video programming and that is provided to	3236
multiple subscribers within a community. "Cable system" does not	3237
include any of the following:	3238

(a) Any facility that serves only to retransmit the	3239
television signals of one or more television broadcast stations;	3240

(b) Any facility that serves subscribers without using any	3241
public right-of-way;	3242

(c) Any facility of a common carrier that, under 47 U.S.C.A.	3243
522(7)(c), is excluded from the term "cable system" as defined in	3244
47 U.S.C.A. 522(7);	3245

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

3246

(e) Any facility of any electric utility used solely for	3247
operating its electric utility system.	3248

Sec. 2919.25.  (A) No person shall knowingly cause or attempt	3249
to cause physical harm to a family or household member.	3250

(B) No person shall recklessly cause serious physical harm to	3251
a family or household member.	3252

(C) No person, by threat of force, shall knowingly cause a	3253
family or household member to believe that the offender will cause	3254
imminent physical harm to the family or household member.	3255

(D)(1) Whoever violates this section is guilty of domestic	3256
violence, and the court shall sentence the offender as provided in	3257
divisions (D)(2) to (6) of this section.	3258

(2) Except as otherwise provided in division (D)(3) to (5) of	3259
this section, a violation of division (C) of this section is a	3260
misdemeanor of the fourth degree, and a violation of division (A)	3261
or (B) of this section is a misdemeanor of the first degree.	3262

(3) Except as otherwise provided in division (D)(4) of this	3263
section, if the offender previously has pleaded guilty to or been	3264
convicted of domestic violence, a violation of an existing or	3265
former municipal ordinance or law of this or any other state or	3266
the United States that is substantially similar to domestic	3267
violence, a violation of section 2903.14, 2909.06, 2909.07,	3268
2911.12, 2911.211, or 2919.22 of the Revised Code if the victim of	3269
the violation was a family or household member at the time of the	3270
violation, a violation of an existing or former municipal	3271
ordinance or law of this or any other state or the United States	3272
that is substantially similar to any of those sections if the	3273
victim of the violation was a family or household member at the	3274
time of the commission of the violation, or any offense of	3275
violence if the victim of the offense was a family or household	3276
member at the time of the commission of the offense, a violation	3277
of division (A) or (B) of this section is a felony of the fourth	3278
degree, and, if the offender knew that the victim of the violation	3279
was pregnant at the time of the violation, the court shall impose	3280
a mandatory prison term on the offender pursuant to division	3281
(A)(6) of this section, and a violation of division (C) of this	3282
section is a misdemeanor of the second degree.	3283

(4) If the offender previously has pleaded guilty to or been	3284
convicted of two or more offenses of domestic violence or two or	3285
more violations or offenses of the type described in division	3286
(D)(3) of this section involving a person who was a family or	3287
household member at the time of the violations or offenses, a	3288
violation of division (A) or (B) of this section is a felony of	3289
the third degree, and, if the offender knew that the victim of the	3290
violation was pregnant at the time of the violation, the court	3291
shall impose a mandatory prison term on the offender pursuant to	3292
division (A)(6) of this section, and a violation of division (C)	3293
of this section is a misdemeanor of the first degree.	3294

(5) Except as otherwise provided in division (D)(3) or (4) of	3295
this section, if the offender knew that the victim of the	3296
violation was pregnant at the time of the violation, a violation	3297
of division (A) or (B) of this section is a felony of the fifth	3298
degree, and the court shall impose a mandatory prison term on the	3299
offender pursuant to division (A)(6) of this section, and a	3300
violation of division (C) of this section is a misdemeanor of the	3301
third degree.	3302

(6) If division (A)(3), (4), or (5) of this section requires	3303
the court that sentences an offender for a violation of division	3304
(A) or (B) of this section to impose a mandatory prison term on	3305
the offender pursuant to this division, the court shall impose the	3306
mandatory prison term as follows:	3307

(a) If the violation of division (A) or (B) of this section	3308
is a felony of the fourth or fifth degree, except as otherwise	3309
provided in division (A)(6)(b) or (c) of this section, the court	3310
shall impose a mandatory prison term on the offender of at least	3311
six months.	3312

(b) If the violation of division (A) or (B) of this section	3313
is a felony of the fifth degree and the offender, in committing	3314
the violation, caused serious physical harm to the pregnant	3315
woman's unborn or caused the termination of the pregnant woman's	3316
pregnancy, the court shall impose a mandatory prison term on the	3317
offender of twelve months.	3318

(c) If the violation of division (A) or (B) of this section	3319
is a felony of the fourth degree and the offender, in committing	3320
the violation, caused serious physical harm to the pregnant	3321
woman's unborn or caused the termination of the pregnant woman's	3322
pregnancy, the court shall impose a mandatory prison term on the	3323
offender of at least twelve months.	3324

(d) If the violation of division (A) or (B) of this section	3325
is a felony of the third degree, except as otherwise provided in	3326
division (A)(6)(e) of this section and notwithstanding the range	3327
of prison terms prescribed in section 2929.14 of the Revised Code	3328
for a felony of the third degree, the court shall impose a	3329
mandatory prison term on the offender of either a definite term of	3330
six months or one of the prison terms prescribed in section	3331
2929.14 of the Revised Code for felonies of the third degree.	3332

(e) If the violation of division (A) or (B) of this section	3333
is a felony of the third degree and the offender, in committing	3334
the violation, caused serious physical harm to the pregnant	3335
woman's unborn or caused the termination of the pregnant woman's	3336
pregnancy, notwithstanding the range of prison terms prescribed in	3337
section 2929.14 of the Revised Code for a felony of the third	3338
degree, the court shall impose a mandatory prison term on the	3339
offender of either a definite term of one year or one of the	3340
prison terms prescribed in section 2929.14 of the Revised Code for	3341
felonies of the third degree.	3342

(E) Notwithstanding any provision of law to the contrary, no	3343
court or unit of state or local government shall charge any fee,	3344
cost, deposit, or money in connection with the filing of charges	3345
against a person alleging that the person violated this section or	3346
a municipal ordinance substantially similar to this section or in	3347
connection with the prosecution of any charges so filed.	3348

(F) As used in this section and sections 2919.251 and 2919.26	3349
of the Revised Code:	3350

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

3351

(a) Any of the following who is residing or has resided with	3352
the offender:	3353

(i) A spouse, a person living as a spouse, or a former spouse	3354
of the offender;	3355

(ii) A parent, a foster parent, or a child of the offender,	3356
or another person related by consanguinity or affinity to the	3357
offender;	3358

(iii) A parent or a child of a spouse, person living as a	3359
spouse, or former spouse of the offender, or another person	3360
related by consanguinity or affinity to a spouse, person living as	3361
a spouse, or former spouse of the offender.	3362

(b) The natural parent of any child of whom the offender is	3363
the other natural parent or is the putative other natural parent.	3364

(2) "Person living as a spouse" means a person who is living	3365
or has lived with the offender in a common law marital	3366
relationship, who otherwise is cohabiting with the offender, or	3367
who otherwise has cohabited with the offender within five years	3368
prior to the date of the alleged commission of the act in	3369
question.	3370

(3) "Pregnant woman's unborn" has the same meaning as "such	3371
other person's unborn," as set forth in section 2903.09 of the	3372
Revised Code, as it relates to the pregnant woman. Division (C) of	3373
that section applies regarding the use of the term in this	3374
section, except that the second and third sentences of division	3375
(C)(1) of that section shall be construed for purposes of this	3376
section as if they included a reference to this section in the	3377
listing of Revised Code sections they contain.	3378

(4) "Termination of the pregnant woman's pregnancy" has the	3379
same meaning as "unlawful termination of another's pregnancy," as	3380
set forth in section 2903.09 of the Revised Code, as it relates to	3381
the pregnant woman. Division (C) of that section applies regarding	3382
the use of the term in this section, except that the second and	3383
third sentences of division (C)(1) of that section shall be	3384
construed for purposes of this section as if they included a	3385
reference to this section in the listing of Revised Code sections	3386
they contain.	3387

Sec. 2919.27.  (A) No person shall recklessly violate the	3388
terms of any of the following:	3389

(1) A protection order issued or consent agreement approved	3390
pursuant to section 2919.26 or 3113.31 of the Revised Code;	3391

(2) A protection order issued pursuant to section 2151.34,	3392
2903.213, or 2903.214 of the Revised Code;	3393

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

3394

(B)(1) Whoever violates this section is guilty of violating a	3395
protection order.	3396

(2) Except as otherwise provided in division (B)(3) or (4) of	3397
this section, violating a protection order is a misdemeanor of the	3398
first degree.	3399

(3) If the offender previously has been convicted of or,	3400
pleaded guilty to, or been adjudicated a delinquent child for a	3401
violation of a protection order issued pursuant to section	3402
2151.34, 2903.213, or 2903.214 of the Revised Code, two or more	3403
violations of section 2903.21, 2903.211, 2903.22, or 2911.211 of	3404
the Revised Code that involved the same person who is the subject	3405
of the protection order or consent agreement, or one or more	3406
violations of this section, violating a protection order is a	3407
felony of the fifth degree.	3408

(4) If the offender violates a protection order or consent	3409
agreement while committing a felony offense, violating a	3410
protection order is a felony of the third degree.	3411

(5) If the protection order violated by the offender was an	3412
order issued pursuant to section 2151.34 or 2903.214 of the	3413
Revised Code that required electronic monitoring of the offender	3414
pursuant to that section, the court may require in addition to any	3415
other sentence imposed upon the offender that the offender be	3416
electronically monitored for a period not exceeding five years by	3417
a law enforcement agency designated by the court. If the court	3418
requires under this division that the offender be electronically	3419
monitored, unless the court determines that the offender is	3420
indigent, the court shall order that the offender pay the costs of	3421
the installation of the electronic monitoring device and the cost	3422
of monitoring the electronic monitoring device. If the court	3423
determines that the offender is indigent and subject to the	3424
maximum amount allowable and the rules promulgated by the attorney	3425
general under section 2903.214 of the Revised Code, the costs of	3426
the installation of the electronic monitoring device and the cost	3427
of monitoring the electronic monitoring device shallmay be paid	3428
out of funds from the reparations fund created pursuant to section	3429
2743.191 of the Revised Code. The total amount paid from the	3430
reparations fund created pursuant to section 2743.191 of the	3431
Revised Code for electronic monitoring under this section and	3432
sections 2151.34 and 2903.214 of the Revised Code shall not exceed	3433
three hundred thousand dollars per year.	3434

(C) It is an affirmative defense to a charge under division	3435
(A)(3) of this section that the protection order issued by a court	3436
of another state does not comply with the requirements specified	3437
in 18 U.S.C. 2265(b) for a protection order that must be accorded	3438
full faith and credit by a court of this state or that it is not	3439
entitled to full faith and credit under 18 U.S.C. 2265(c).	3440

(D) As used in this section, "protection order issued by a	3441
court of another state" means an injunction or another order	3442
issued by a criminal court of another state for the purpose of	3443
preventing violent or threatening acts or harassment against,	3444
contact or communication with, or physical proximity to another	3445
person, including a temporary order, and means an injunction or	3446
order of that nature issued by a civil court of another state,	3447
including a temporary order and a final order issued in an	3448
independent action or as a pendente lite order in a proceeding for	3449
other relief, if the court issued it in response to a complaint,	3450
petition, or motion filed by or on behalf of a person seeking	3451
protection. "Protection order issued by a court of another state"	3452
does not include an order for support or for custody of a child	3453
issued pursuant to the divorce and child custody laws of another	3454
state, except to the extent that the order for support or for	3455
custody of a child is entitled to full faith and credit under the	3456
laws of the United States.	3457

Sec. 3109.06. AnyExcept as provided in division (K) of	3458
section 2301.03 of the Revised Code, any court, other than a	3459
juvenile court, that has jurisdiction in any case respecting the	3460
allocation of parental rights and responsibilities for the care of	3461
a child under eighteen years of age and the designation of the	3462
child's place of residence and legal custodian or in any case	3463
respecting the support of a child under eighteen years of age,	3464
may, on its own motion or on motion of any interested party, with	3465
the consent of the juvenile court, certify the record in the case	3466
or so much of the record and such further information, in	3467
narrative form or otherwise, as the court deems necessary or the	3468
juvenile court requests, to the juvenile court for further	3469
proceedings; upon the certification, the juvenile court shall have	3470
exclusive jurisdiction.	3471

In cases in which the court of common pleas finds the parents	3472
unsuitable to have the parental rights and responsibilities for	3473
the care of the child or children and unsuitable to provide the	3474
place of residence and to be the legal custodian of the child or	3475
children, consent of the juvenile court shall not be required to	3476
such certification. This section applies to actions pending on	3477
August 28, 1951.	3478

In any case in which a court of common pleas, or other court	3479
having jurisdiction, has issued an order that allocates parental	3480
rights and responsibilities for the care of minor children and	3481
designates their place of residence and legal custodian of minor	3482
children, has made an order for support of minor children, or has	3483
done both, the jurisdiction of the court shall not abate upon the	3484
death of the person awarded custody but shall continue for all	3485
purposes during the minority of the children. The court, upon its	3486
own motion or the motion of either parent or of any interested	3487
person acting on behalf of the children, may proceed to make	3488
further disposition of the case in the best interests of the	3489
children and subject to sections 3109.42 to 3109.48 of the Revised	3490
Code. If the children are under eighteen years of age, it may	3491
certify them, pursuant to this section, to the juvenile court of	3492
any county for further proceedings. After certification to a	3493
juvenile court, the jurisdiction of the court of common pleas, or	3494
other court, shall cease, except as to any payments of spousal	3495
support due for the spouse and support payments due and unpaid for	3496
the children at the time of the certification.	3497

Any disposition made pursuant to this section, whether by a	3498
juvenile court after a case is certified to it, or by any court	3499
upon the death of a person awarded custody of a child, shall be	3500
made in accordance with sections 3109.04 and 3109.42 to 3109.48 of	3501
the Revised Code. If an appeal is taken from a decision made	3502
pursuant to this section that allocates parental rights and	3503
responsibilities for the care of a minor child and designates the	3504
child's place of residence and legal custodian, the court of	3505
appeals shall give the case calendar priority and handle it	3506
expeditiously.	3507

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

3508

(1) "Domestic violence" means the occurrence of one or more	3509
of the following acts against a family or household member:	3510

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

3511

(b) Placing another person by the threat of force in fear of	3512
imminent serious physical harm or committing a violation of	3513
section 2903.211 or 2911.211 of the Revised Code;	3514

(c) Committing any act with respect to a child that would	3515
result in the child being an abused child, as defined in section	3516
2151.031 of the Revised Code;	3517

(d) Committing a sexually oriented offense.

3518

(2) "Court" means the domestic relations division of the	3519
court of common pleas in counties that have a domestic relations	3520
division, and the court of common pleas in counties that do not	3521
have a domestic relations division, or the juvenile division of	3522
the court of common pleas of the county in which the person to be	3523
protected by a protection order issued or a consent agreement	3524
approved under this section resides if the respondent is less than	3525
eighteen years of age.	3526

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

3527

(a) Any of the following who is residing with or has resided	3528
with the respondent:	3529

(i) A spouse, a person living as a spouse, or a former spouse	3530
of the respondent;	3531

(ii) A parent, a foster parent, or a child of the respondent,	3532
or another person related by consanguinity or affinity to the	3533
respondent;	3534

(iii) A parent or a child of a spouse, person living as a	3535
spouse, or former spouse of the respondent, or another person	3536
related by consanguinity or affinity to a spouse, person living as	3537
a spouse, or former spouse of the respondent.	3538

(b) The natural parent of any child of whom the respondent is	3539
the other natural parent or is the putative other natural parent.	3540

(4) "Person living as a spouse" means a person who is living	3541
or has lived with the respondent in a common law marital	3542
relationship, who otherwise is cohabiting with the respondent, or	3543
who otherwise has cohabited with the respondent within five years	3544
prior to the date of the alleged occurrence of the act in	3545
question.	3546

(5) "Victim advocate" means a person who provides support and	3547
assistance for a person who files a petition under this section.	3548

(6) "Sexually oriented offense" has the same meaning as in	3549
section 2950.01 of the Revised Code.	3550

(B) The court has jurisdiction over all proceedings under	3551
this section. The petitioner's right to relief under this section	3552
is not affected by the petitioner's leaving the residence or	3553
household to avoid further domestic violence.	3554

(C) A person may seek relief under this section on the	3555
person's own behalf, or any parent or adult household member may	3556
seek relief under this section on behalf of any other family or	3557
household member, by filing a petition with the court. The	3558
petition shall contain or state:	3559

(1) An allegation that the respondent engaged in domestic	3560
violence against a family or household member of the respondent,	3561
including a description of the nature and extent of the domestic	3562
violence;	3563

(2) The relationship of the respondent to the petitioner, and	3564
to the victim if other than the petitioner;	3565

(3) A request for relief under this section.

3566

(D)(1) If a person who files a petition pursuant to this	3567
section requests an ex parte order, the court shall hold an ex	3568
parte hearing on the same day that the petition is filed. The	3569
court, for good cause shown at the ex parte hearing, may enter any	3570
temporary orders, with or without bond, including, but not limited	3571
to, an order described in division (E)(1)(a), (b), or (c) of this	3572
section, that the court finds necessary to protect the family or	3573
household member from domestic violence. Immediate and present	3574
danger of domestic violence to the family or household member	3575
constitutes good cause for purposes of this section. Immediate and	3576
present danger includes, but is not limited to, situations in	3577
which the respondent has threatened the family or household member	3578
with bodily harm, in which the respondent has threatened the	3579
family or household member with a sexually oriented offense, or in	3580
which the respondent previously has been convicted of or, pleaded	3581
guilty to, or been adjudicated a delinquent child for an offense	3582
that constitutes domestic violence against the family or household	3583
member.	3584

(2)(a) If the court, after an ex parte hearing, issues an	3585
order described in division (E)(1)(b) or (c) of this section, the	3586
court shall schedule a full hearing for a date that is within	3587
seven court days after the ex parte hearing. If any other type of	3588
protection order that is authorized under division (E) of this	3589
section is issued by the court after an ex parte hearing, the	3590
court shall schedule a full hearing for a date that is within ten	3591
court days after the ex parte hearing. The court shall give the	3592
respondent notice of, and an opportunity to be heard at, the full	3593
hearing. The court shall hold the full hearing on the date	3594
scheduled under this division unless the court grants a	3595
continuance of the hearing in accordance with this division. Under	3596
any of the following circumstances or for any of the following	3597
reasons, the court may grant a continuance of the full hearing to	3598
a reasonable time determined by the court:	3599

(i) Prior to the date scheduled for the full hearing under	3600
this division, the respondent has not been served with the	3601
petition filed pursuant to this section and notice of the full	3602
hearing.	3603

(ii) The parties consent to the continuance.

3604

(iii) The continuance is needed to allow a party to obtain	3605
counsel.	3606

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

3607

(b) An ex parte order issued under this section does not	3608
expire because of a failure to serve notice of the full hearing	3609
upon the respondent before the date set for the full hearing under	3610
division (D)(2)(a) of this section or because the court grants a	3611
continuance under that division.	3612

(3) If a person who files a petition pursuant to this section	3613
does not request an ex parte order, or if a person requests an ex	3614
parte order but the court does not issue an ex parte order after	3615
an ex parte hearing, the court shall proceed as in a normal civil	3616
action and grant a full hearing on the matter.	3617

(E)(1) After an ex parte or full hearing, the court may grant	3618
any protection order, with or without bond, or approve any consent	3619
agreement to bring about a cessation of domestic violence against	3620
the family or household members. The order or agreement may:	3621

(a) Direct the respondent to refrain from abusing or from	3622
committing sexually oriented offenses against the family or	3623
household members;	3624

(b) Grant possession of the residence or household to the	3625
petitioner or other family or household member, to the exclusion	3626
of the respondent, by evicting the respondent, when the residence	3627
or household is owned or leased solely by the petitioner or other	3628
family or household member, or by ordering the respondent to	3629
vacate the premises, when the residence or household is jointly	3630
owned or leased by the respondent, and the petitioner or other	3631
family or household member;	3632

(c) When the respondent has a duty to support the petitioner	3633
or other family or household member living in the residence or	3634
household and the respondent is the sole owner or lessee of the	3635
residence or household, grant possession of the residence or	3636
household to the petitioner or other family or household member,	3637
to the exclusion of the respondent, by ordering the respondent to	3638
vacate the premises, or, in the case of a consent agreement, allow	3639
the respondent to provide suitable, alternative housing;	3640

(d) Temporarily allocate parental rights and responsibilities	3641
for the care of, or establish temporary parenting time rights with	3642
regard to, minor children, if no other court has determined, or is	3643
determining, the allocation of parental rights and	3644
responsibilities for the minor children or parenting time rights;	3645

(e) Require the respondent to maintain support, if the	3646
respondent customarily provides for or contributes to the support	3647
of the family or household member, or if the respondent has a duty	3648
to support the petitioner or family or household member;	3649

(f) Require the respondent, petitioner, victim of domestic	3650
violence, or any combination of those persons, to seek counseling;	3651

(g) Require the respondent to refrain from entering the	3652
residence, school, business, or place of employment of the	3653
petitioner or family or household member;	3654

(h) Grant other relief that the court considers equitable and	3655
fair, including, but not limited to, ordering the respondent to	3656
permit the use of a motor vehicle by the petitioner or other	3657
family or household member and the apportionment of household and	3658
family personal property.	3659

(2) If a protection order has been issued pursuant to this	3660
section in a prior action involving the respondent and the	3661
petitioner or one or more of the family or household members or	3662
victims, the court may include in a protection order that it	3663
issues a prohibition against the respondent returning to the	3664
residence or household. If it includes a prohibition against the	3665
respondent returning to the residence or household in the order,	3666
it also shall include in the order provisions of the type	3667
described in division (E)(7) of this section. This division does	3668
not preclude the court from including in a protection order or	3669
consent agreement, in circumstances other than those described in	3670
this division, a requirement that the respondent be evicted from	3671
or vacate the residence or household or refrain from entering the	3672
residence, school, business, or place of employment of the	3673
petitioner or a family or household member, and, if the court	3674
includes any requirement of that type in an order or agreement,	3675
the court also shall include in the order provisions of the type	3676
described in division (E)(7) of this section.	3677

(3)(a) Any protection order issued or consent agreement	3678
approved under this section shall be valid until a date certain,	3679
but not later than five years from the date of its issuance or	3680
approval, or not later than the date a respondent who is less than	3681
eighteen years of age attains nineteen years of age, unless	3682
modified or terminated as provided in division (E)(8) of this	3683
section.	3684

(b) Subject to the limitation on the duration of an order or	3685
agreement set forth in division (E)(3)(a) of this section, any	3686
order under division (E)(1)(d) of this section shall terminate on	3687
the date that a court in an action for divorce, dissolution of	3688
marriage, or legal separation brought by the petitioner or	3689
respondent issues an order allocating parental rights and	3690
responsibilities for the care of children or on the date that a	3691
juvenile court in an action brought by the petitioner or	3692
respondent issues an order awarding legal custody of minor	3693
children. Subject to the limitation on the duration of an order or	3694
agreement set forth in division (E)(3)(a) of this section, any	3695
order under division (E)(1)(e) of this section shall terminate on	3696
the date that a court in an action for divorce, dissolution of	3697
marriage, or legal separation brought by the petitioner or	3698
respondent issues a support order or on the date that a juvenile	3699
court in an action brought by the petitioner or respondent issues	3700
a support order.	3701

(c) Any protection order issued or consent agreement approved	3702
pursuant to this section may be renewed in the same manner as the	3703
original order or agreement was issued or approved.	3704

(4) A court may not issue a protection order that requires a	3705
petitioner to do or to refrain from doing an act that the court	3706
may require a respondent to do or to refrain from doing under	3707
division (E)(1)(a), (b), (c), (d), (e), (g), or (h) of this	3708
section unless all of the following apply:	3709

(a) The respondent files a separate petition for a protection	3710
order in accordance with this section.	3711

(b) The petitioner is served notice of the respondent's	3712
petition at least forty-eight hours before the court holds a	3713
hearing with respect to the respondent's petition, or the	3714
petitioner waives the right to receive this notice.	3715

(c) If the petitioner has requested an ex parte order	3716
pursuant to division (D) of this section, the court does not delay	3717
any hearing required by that division beyond the time specified in	3718
that division in order to consolidate the hearing with a hearing	3719
on the petition filed by the respondent.	3720

(d) After a full hearing at which the respondent presents	3721
evidence in support of the request for a protection order and the	3722
petitioner is afforded an opportunity to defend against that	3723
evidence, the court determines that the petitioner has committed	3724
an act of domestic violence or has violated a temporary protection	3725
order issued pursuant to section 2919.26 of the Revised Code, that	3726
both the petitioner and the respondent acted primarily as	3727
aggressors, and that neither the petitioner nor the respondent	3728
acted primarily in self-defense.	3729

(5) No protection order issued or consent agreement approved	3730
under this section shall in any manner affect title to any real	3731
property.	3732

(6)(a) If a petitioner, or the child of a petitioner, who	3733
obtains a protection order or consent agreement pursuant to	3734
division (E)(1) of this section or a temporary protection order	3735
pursuant to section 2919.26 of the Revised Code and is the subject	3736
of a parenting time order issued pursuant to section 3109.051 or	3737
3109.12 of the Revised Code or a visitation or companionship order	3738
issued pursuant to section 3109.051, 3109.11, or 3109.12 of the	3739
Revised Code or division (E)(1)(d) of this section granting	3740
parenting time rights to the respondent, the court may require the	3741
public children services agency of the county in which the court	3742
is located to provide supervision of the respondent's exercise of	3743
parenting time or visitation or companionship rights with respect	3744
to the child for a period not to exceed nine months, if the court	3745
makes the following findings of fact:	3746

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

3747

(ii) No other person or agency is available to provide the	3748
supervision.	3749

(b) A court that requires an agency to provide supervision	3750
pursuant to division (E)(6)(a) of this section shall order the	3751
respondent to reimburse the agency for the cost of providing the	3752
supervision, if it determines that the respondent has sufficient	3753
income or resources to pay that cost.	3754

(7)(a) If a protection order issued or consent agreement	3755
approved under this section includes a requirement that the	3756
respondent be evicted from or vacate the residence or household or	3757
refrain from entering the residence, school, business, or place of	3758
employment of the petitioner or a family or household member, the	3759
order or agreement shall state clearly that the order or agreement	3760
cannot be waived or nullified by an invitation to the respondent	3761
from the petitioner or other family or household member to enter	3762
the residence, school, business, or place of employment or by the	3763
respondent's entry into one of those places otherwise upon the	3764
consent of the petitioner or other family or household member.	3765

(b) Division (E)(7)(a) of this section does not limit any	3766
discretion of a court to determine that a respondent charged with	3767
a violation of section 2919.27 of the Revised Code, with a	3768
violation of a municipal ordinance substantially equivalent to	3769
that section, or with contempt of court, which charge is based on	3770
an alleged violation of a protection order issued or consent	3771
agreement approved under this section, did not commit the	3772
violation or was not in contempt of court.	3773

(8)(a) The court may modify or terminate as provided in	3774
division (E)(8) of this section a protection order or consent	3775
agreement that was issued after a full hearing under this section.	3776
The court that issued the protection order or approved the consent	3777
agreement shall hear a motion for modification or termination of	3778
the protection order or consent agreement pursuant to division	3779
(E)(8) of this section.	3780

(b) Either the petitioner or the respondent of the original	3781
protection order or consent agreement may bring a motion for	3782
modification or termination of a protection order or consent	3783
agreement that was issued or approved after a full hearing. The	3784
court shall require notice of the motion to be made as provided by	3785
the Rules of Civil Procedure. If the petitioner for the original	3786
protection order or consent agreement has requested that the	3787
petitioner's address be kept confidential, the court shall not	3788
disclose the address to the respondent of the original protection	3789
order or consent agreement or any other person, except as	3790
otherwise required by law. The moving party has the burden of	3791
proof to show, by a preponderance of the evidence, that	3792
modification or termination of the protection order or consent	3793
agreement is appropriate because either the protection order or	3794
consent agreement is no longer needed or because the terms of the	3795
original protection order or consent agreement are no longer	3796
appropriate.	3797

(c) In considering whether to modify or terminate a	3798
protection order or consent agreement issued or approved under	3799
this section, the court shall consider all relevant factors,	3800
including, but not limited to, the following:	3801

(i) Whether the petitioner consents to modification or	3802
termination of the protection order or consent agreement;	3803

(ii) Whether the petitioner fears the respondent;

3804

(iii) The current nature of the relationship between the	3805
petitioner and the respondent;	3806

(iv) The circumstances of the petitioner and respondent,	3807
including the relative proximity of the petitioner's and	3808
respondent's workplaces and residences and whether the petitioner	3809
and respondent have minor children together;	3810

(v) Whether the respondent has complied with the terms and	3811
conditions of the original protection order or consent agreement;	3812

(vi) Whether the respondent has a continuing involvement with	3813
illegal drugs or alcohol;	3814

(vii) Whether the respondent has been convicted of or,	3815
pleaded guilty to, or been adjudicated a delinquent child for an	3816
offense of violence since the issuance of the protection order or	3817
approval of the consent agreement;	3818

(viii) Whether any other protection orders, consent	3819
agreements, restraining orders, or no contact orders have been	3820
issued against the respondent pursuant to this section, section	3821
2919.26 of the Revised Code, any other provision of state law, or	3822
the law of any other state;	3823

(ix) Whether the respondent has participated in any domestic	3824
violence treatment, intervention program, or other counseling	3825
addressing domestic violence and whether the respondent has	3826
completed the treatment, program, or counseling;	3827

(x) The time that has elapsed since the protection order was	3828
issued or since the consent agreement was approved;	3829

(xi) The age and health of the respondent;

3830

(xii) When the last incident of abuse, threat of harm, or	3831
commission of a sexually oriented offense occurred or other	3832
relevant information concerning the safety and protection of the	3833
petitioner or other protected parties.	3834

(d) If a protection order or consent agreement is modified or	3835
terminated as provided in division (E)(8) of this section, the	3836
court shall issue copies of the modified or terminated order or	3837
agreement as provided in division (F) of this section. A	3838
petitioner may also provide notice of the modification or	3839
termination to the judicial and law enforcement officials in any	3840
county other than the county in which the order or agreement is	3841
modified or terminated as provided in division (N) of this	3842
section.	3843

(e) If the respondent moves for modification or termination	3844
of a protection order or consent agreement pursuant to this	3845
section, the court may assess costs against the respondent for the	3846
filing of the motion.	3847

(9) Any protection order issued or any consent agreement	3848
approved pursuant to this section shall include a provision that	3849
the court will automatically seal all of the records of the	3850
proceeding in which the order is issued or agreement approved on	3851
the date the respondent attains the age of nineteen years unless	3852
the petitioner provides the court with evidence that the	3853
respondent has not complied with all of the terms of the	3854
protection order or consent agreement. The protection order or	3855
consent agreement shall specify the date when the respondent	3856
attains the age of nineteen years.	3857

(F)(1) A copy of any protection order, or consent agreement,	3858
that is issued, approved, modified, or terminated under this	3859
section shall be issued by the court to the petitioner, to the	3860
respondent, and to all law enforcement agencies that have	3861
jurisdiction to enforce the order or agreement. The court shall	3862
direct that a copy of an order be delivered to the respondent on	3863
the same day that the order is entered.	3864

(2) Upon the issuance of a protection order or the approval	3865
of a consent agreement under this section, the court shall provide	3866
the parties to the order or agreement with the following notice	3867
orally or by form:	3868

"NOTICE	3869

As a result of this order or consent agreement, it may be	3870
unlawful for you to possess or purchase a firearm, including a	3871
rifle, pistol, or revolver, or ammunition pursuant to federal law	3872
under 18 U.S.C. 922(g)(8). If you have any questions whether this	3873
law makes it illegal for you to possess or purchase a firearm or	3874
ammunition, you should consult an attorney."	3875

(3) All law enforcement agencies shall establish and maintain	3876
an index for the protection orders and the approved consent	3877
agreements delivered to the agencies pursuant to division (F)(1)	3878
of this section. With respect to each order and consent agreement	3879
delivered, each agency shall note on the index the date and time	3880
that it received the order or consent agreement.	3881

(4) Regardless of whether the petitioner has registered the	3882
order or agreement in the county in which the officer's agency has	3883
jurisdiction pursuant to division (N) of this section, any officer	3884
of a law enforcement agency shall enforce a protection order	3885
issued or consent agreement approved by any court in this state in	3886
accordance with the provisions of the order or agreement,	3887
including removing the respondent from the premises, if	3888
appropriate.	3889

(G) Any proceeding under this section shall be conducted in	3890
accordance with the Rules of Civil Procedure, except that an order	3891
under this section may be obtained with or without bond. An order	3892
issued under this section, other than an ex parte order, that	3893
grants a protection order or approves a consent agreement, that	3894
refuses to grant a protection order or approve a consent agreement	3895
that modifies or terminates a protection order or consent	3896
agreement, or that refuses to modify or terminate a protection	3897
order or consent agreement, is a final, appealable order. The	3898
remedies and procedures provided in this section are in addition	3899
to, and not in lieu of, any other available civil or criminal	3900
remedies.	3901

(H) The filing of proceedings under this section does not	3902
excuse a person from filing any report or giving any notice	3903
required by section 2151.421 of the Revised Code or by any other	3904
law. When a petition under this section alleges domestic violence	3905
against minor children, the court shall report the fact, or cause	3906
reports to be made, to a county, township, or municipal peace	3907
officer under section 2151.421 of the Revised Code.	3908

(I) Any law enforcement agency that investigates a domestic	3909
dispute shall provide information to the family or household	3910
members involved regarding the relief available under this section	3911
and section 2919.26 of the Revised Code.	3912

(J) Notwithstanding any provision of law to the contrary and	3913
regardless of whether a protection order is issued or a consent	3914
agreement is approved by a court of another county or a court of	3915
another state, no court or unit of state or local government shall	3916
charge any fee, cost, deposit, or money in connection with the	3917
filing of a petition pursuant to this section or in connection	3918
with the filing, issuance, registration, or service of a	3919
protection order or consent agreement, or for obtaining a	3920
certified copy of a protection order or consent agreement.	3921

(K)(1) The court shall comply with Chapters 3119., 3121.,	3922
3123., and 3125. of the Revised Code when it makes or modifies an	3923
order for child support under this section.	3924

(2) If any person required to pay child support under an	3925
order made under this section on or after April 15, 1985, or	3926
modified under this section on or after December 31, 1986, is	3927
found in contempt of court for failure to make support payments	3928
under the order, the court that makes the finding, in addition to	3929
any other penalty or remedy imposed, shall assess all court costs	3930
arising out of the contempt proceeding against the person and	3931
require the person to pay any reasonable attorney's fees of any	3932
adverse party, as determined by the court, that arose in relation	3933
to the act of contempt.	3934

(L)(1) A person who violates a protection order issued or a	3935
consent agreement approved under this section is subject to the	3936
following sanctions:	3937

(a) Criminal prosecution or a delinquent child proceeding for	3938
a violation of section 2919.27 of the Revised Code, if the	3939
violation of the protection order or consent agreement constitutes	3940
a violation of that section;	3941

(b) Punishment for contempt of court.

3942

(2) The punishment of a person for contempt of court for	3943
violation of a protection order issued or a consent agreement	3944
approved under this section does not bar criminal prosecution of	3945
the person or a delinquent child proceeding concerning the person	3946
for a violation of section 2919.27 of the Revised Code. However, a	3947
person punished for contempt of court is entitled to credit for	3948
the punishment imposed upon conviction of or adjudication as a	3949
delinquent child for a violation of that section, and a person	3950
convicted of or adjudicated a delinquent child for a violation of	3951
that section shall not subsequently be punished for contempt of	3952
court arising out of the same activity.	3953

(M) In all stages of a proceeding under this section, a	3954
petitioner may be accompanied by a victim advocate.	3955

(N)(1) A petitioner who obtains a protection order or consent	3956
agreement under this section or a temporary protection order under	3957
section 2919.26 of the Revised Code may provide notice of the	3958
issuance or approval of the order or agreement to the judicial and	3959
law enforcement officials in any county other than the county in	3960
which the order is issued or the agreement is approved by	3961
registering that order or agreement in the other county pursuant	3962
to division (N)(2) of this section and filing a copy of the	3963
registered order or registered agreement with a law enforcement	3964
agency in the other county in accordance with that division. A	3965
person who obtains a protection order issued by a court of another	3966
state may provide notice of the issuance of the order to the	3967
judicial and law enforcement officials in any county of this state	3968
by registering the order in that county pursuant to section	3969
2919.272 of the Revised Code and filing a copy of the registered	3970
order with a law enforcement agency in that county.	3971

(2) A petitioner may register a temporary protection order,	3972
protection order, or consent agreement in a county other than the	3973
county in which the court that issued the order or approved the	3974
agreement is located in the following manner:	3975

(a) The petitioner shall obtain a certified copy of the order	3976
or agreement from the clerk of the court that issued the order or	3977
approved the agreement and present that certified copy to the	3978
clerk of the court of common pleas or the clerk of a municipal	3979
court or county court in the county in which the order or	3980
agreement is to be registered.	3981

(b) Upon accepting the certified copy of the order or	3982
agreement for registration, the clerk of the court of common	3983
pleas, municipal court, or county court shall place an endorsement	3984
of registration on the order or agreement and give the petitioner	3985
a copy of the order or agreement that bears that proof of	3986
registration.	3987

(3) The clerk of each court of common pleas, the clerk of	3988
each municipal court, and the clerk of each county court shall	3989
maintain a registry of certified copies of temporary protection	3990
orders, protection orders, or consent agreements that have been	3991
issued or approved by courts in other counties and that have been	3992
registered with the clerk.	3993

(O) Nothing in this section prohibits the domestic relations	3994
division of a court of common pleas in counties that have a	3995
domestic relations division or a court of common pleas in counties	3996
that do not have a domestic relations division from designating a	3997
minor child as a protected party on a protection order or consent	3998
agreement.	3999

Sec. 3113.33.  As used in sections 3113.33 to 3113.40 of the	4000
Revised Code:	4001

(A) "Domestic violence" means attempting to cause or causing	4002
bodily injury to a family or household member, or placing a family	4003
or household member by threat of force in fear of imminent	4004
physical harm.	4005

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

4006

(1) Any of the following who is residing or has resided with	4007
the person committing the domestic violence:	4008

(a) A spouse, a person living as a spouse, or a former spouse	4009
of the person committing the domestic violence;	4010

(b) A parent, foster parent, or child of the person	4011
committing the domestic violence, or another person related by	4012
consanguinity or affinity to the person committing the domestic	4013
violence;	4014

(c) A parent or a child of a spouse, person living as a	4015
spouse, or former spouse of the person committing the domestic	4016
violence, or another person related by consanguinity or affinity	4017
to a spouse, person living as a spouse, or former spouse of the	4018
person committing the domestic violence;	4019

(d) The dependents of any person listed in division	4020
(B)(1)(a), (b), or (c) of this section.	4021

(2) The natural parent of any child of whom the person	4022
committing the domestic violence is the other natural parent or is	4023
the putative other natural parent.	4024

(C) "Shelter for victims of domestic violence" or "shelter"	4025
means a facility that provides temporary residential service or	4026
facilities to family or household members who are victims of	4027
domestic violence.	4028

(D) "Person living as a spouse" means a person who is living	4029
or has lived with the person committing the domestic violence in a	4030
common law marital relationship, who otherwise is cohabiting with	4031
the person committing the domestic violence, or who otherwise has	4032
cohabited with the person committing the domestic violence within	4033
five years prior to the date of the alleged occurrence of the act	4034
in question.	4035

Section 2. That existing sections 109.36, 109.57, 2151.23,	4036
2151.358, 2152.02, 2301.03, 2743.191, 2903.214, 2913.04, 2919.25,	4037
2919.27, 3109.06, 3113.31, and 3113.33 of the Revised Code are	4038
hereby repealed.	4039

Section 3.  Section 109.57 of the Revised Code is presented	4040
in this act as a composite of the section as amended by both Am.	4041
Sub. H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	4042
Section 2151.23 of the Revised Code is presented in this act as a	4043
composite of the section as amended by both Am. Sub. H.B. 214 and	4044
Am. Sub. S.B. 10 of the 127th General Assembly. Section 3113.33 of	4045
the Revised Code is presented in this act as a composite of the	4046
section as amended by both Am. Sub. H.B. 215 and Am. Sub. S.B. 1	4047
of the 122nd General Assembly. The General Assembly, applying the	4048
principle stated in division (B) of section 1.52 of the Revised	4049
Code that amendments are to be harmonized if reasonably capable of	4050
simultaneous operation, finds that the composites are the	4051
resulting versions of the sections in effect prior to the	4052
effective date of the sections as presented in this act.	4053