Sec. 2903.213. (A) Except when the complaint involves a | 10 |
person who is a family or household member as defined in section | 11 |
2919.25 of the Revised Code, upon the filing of a complaint that | 12 |
alleges a violation of section 2903.11, 2903.12, 2903.13, 2903.21, | 13 |
2903.211,
2903.22, or
2911.211 of the Revised Code, a violation
of | 14 |
a municipal ordinance
substantially similar to section 2903.13, | 15 |
2903.21, 2903.211, 2903.22, or
2911.211 of the Revised Code, or | 16 |
the commission of a sexually oriented offense, the
complainant, | 17 |
the alleged victim,
or a family or household member
of an alleged | 18 |
victim may file a motion
that requests the issuance
of a | 19 |
protection
order as a pretrial condition of release of the
alleged | 20 |
offender, in
addition to any bail set under Criminal Rule
46. The | 21 |
motion
shall be filed with the clerk of the court that
has | 22 |
jurisdiction
of the case at any time after the filing of the | 23 |
complaint. If
the complaint involves a person who is a family or | 24 |
household
member, the complainant, the alleged victim, or the | 25 |
family or
household member may file a motion for a temporary | 26 |
protection order pursuant to section 2919.26 of the Revised Code. | 27 |
A complaint, a copy of which has been attached to this | 44 |
motion, has been filed in this court charging the named defendant | 45 |
with a violation of section 2903.11, 2903.12, 2903.13, 2903.21, | 46 |
2903.211,
2903.22, or
2911.211 of the Revised Code, a violation
of | 47 |
a municipal ordinance
substantially similar to section 2903.13, | 48 |
2903.21, 2903.211, 2903.22, or
2911.211 of the Revised Code, or | 49 |
the commission of a sexually oriented offense. | 50 |
I understand that I must appear before the court, at a time | 51 |
set by the court not later than the next day that the court is in | 52 |
session after the filing of this motion, for a hearing on the | 53 |
motion, and that any protection order granted
pursuant to this | 54 |
motion is a pretrial condition of release and is
effective only | 55 |
until the disposition of the criminal proceeding
arising out of | 56 |
the attached complaint or until the issuance under section | 57 |
2903.214 of the Revised Code of a protection order arising out of | 58 |
the same activities as
those that were the basis of the attached | 59 |
complaint. | 60 |
(C)(1) As soon as possible after the filing of a motion that | 65 |
requests the issuance of a protection order
under this section, | 66 |
but
not later than the next day that the court is in session after | 67 |
the filing of the motion, the court shall conduct a hearing to | 68 |
determine whether to issue the order. The person who
requested
the | 69 |
order shall
appear before the court and provide the court with
the | 70 |
information that it requests concerning the basis of the
motion. | 71 |
If the court finds that the safety and protection of the | 72 |
complainant or the alleged victim may be impaired by the continued | 73 |
presence of the
alleged offender, the court may issue a
protection | 74 |
order under this section, as a pretrial condition of release, that | 75 |
contains terms
designed to ensure the safety and protection of the | 76 |
complainant or the
alleged victim,
including a requirement that | 77 |
the alleged offender refrain from
entering the residence, school, | 78 |
business, or place of employment
of the complainant or the alleged | 79 |
victim and a requirement that the alleged offender be monitored by | 80 |
means of a global positioning system device. If the court requires | 81 |
that the alleged offender be monitored by a global positioning | 82 |
system device, the alleged offender shall pay the cost of the | 83 |
monitoring. | 84 |
(2)(a) If
the court issues a protection order under this | 85 |
section that
includes a requirement that the alleged offender | 86 |
refrain from
entering the residence, school, business, or place of | 87 |
employment
of the complainant or the alleged victim, the order | 88 |
shall clearly state
that the order
cannot be waived or nullified | 89 |
by an invitation to the alleged
offender from the complainant, the | 90 |
alleged victim, or a family or
household member to enter the | 91 |
residence, school,
business, or place of employment or by the | 92 |
alleged offender's
entry into one of those places otherwise upon | 93 |
the consent of the
complainant, the alleged victim, or a family or | 94 |
household
member. | 95 |
(b) Division
(C)(2)(a)
of this section does not limit any | 96 |
discretion of a court to
determine that an alleged offender | 97 |
charged with a violation of
section 2919.27 of the Revised Code, | 98 |
with a violation of a
municipal ordinance substantially equivalent | 99 |
to that section, or
with contempt of court, which charge is based | 100 |
on an alleged
violation of a protection order issued under this | 101 |
section, did
not commit the violation or was not in contempt of | 102 |
court. | 103 |
(D)(1) Except when the complaint involves a person who is
a | 104 |
family or household member as defined in section 2919.25 of the | 105 |
Revised Code, upon the filing of a complaint that alleges a | 106 |
violation specified in division (A) of this section, the court, | 107 |
upon its own
motion, may issue a protection order under this | 108 |
section as a
pretrial condition of release
of the alleged offender | 109 |
if it finds that the safety and
protection of the complainant or | 110 |
the alleged victim may be impaired by
the continued
presence of | 111 |
the alleged offender. | 112 |
(2) If the court issues a protection order
under this
section | 113 |
as an ex parte order, it shall conduct, as
soon as
possible after | 114 |
the issuance of the order but not later
than the
next day that the | 115 |
court is in session after its issuance, a
hearing to determine | 116 |
whether the order should remain in effect,
be
modified, or be | 117 |
revoked. The hearing shall be conducted under
the
standards set | 118 |
forth in division (C) of this section. | 119 |
(3) If a municipal court or a county
court issues a | 120 |
protection order under this
section and
if, subsequent to the | 121 |
issuance of the order, the alleged
offender who is the subject of | 122 |
the order is bound over to the
court of common pleas for | 123 |
prosecution of a felony arising out of
the same activities as | 124 |
those that were the basis of the
complaint upon which the order is | 125 |
based, notwithstanding the
fact that the order was issued by a | 126 |
municipal court or county
court, the order shall remain in effect, | 127 |
as though it were an order of the
court of common pleas, while the | 128 |
charges
against the alleged offender are pending in the court of | 129 |
common
pleas, for the period of time described in division
(E)(2) | 130 |
of this section, and the court of common pleas has exclusive | 131 |
jurisdiction to modify the order issued by the municipal court or | 132 |
county
court. This
division applies when the alleged offender is | 133 |
bound over to the
court of common pleas as a result of the person | 134 |
waiving a
preliminary hearing on the felony charge, as a result of | 135 |
the
municipal court or county court having determined at a | 136 |
preliminary hearing that there is probable cause to believe that | 137 |
the felony has been committed and that the alleged offender | 138 |
committed it, as a result of the alleged offender having been | 139 |
indicted for the felony, or in any other manner. | 140 |
(2) Is effective only until the disposition, by the court | 145 |
that
issued the order or, in the circumstances described in | 146 |
division
(D)(3) of this section, by the court of common pleas to | 147 |
which the
alleged offender is bound over for prosecution, of the | 148 |
criminal proceeding arising out of the complaint upon which the | 149 |
order is
based or until the issuance under section 2903.214 of the | 150 |
Revised Code of a protection
order arising out of the same | 151 |
activities as those that were the basis of the
complaint filed | 152 |
under this section; | 153 |
(G)(1) A copy of a protection order that
is issued under
this | 163 |
section shall be issued by the court to the
complainant, to
the | 164 |
alleged victim, to the person who requested the
order, to the | 165 |
defendant, and to all law enforcement
agencies that have | 166 |
jurisdiction to enforce the order. The court
shall direct that a | 167 |
copy of the order be delivered to the
defendant on the same day | 168 |
that the order is entered. If a municipal court
or a county court | 169 |
issues a
protection order under this section and if, subsequent to | 170 |
the
issuance of the order, the defendant who is the subject of the | 171 |
order is bound over to the court of common pleas for prosecution | 172 |
as described in division (D)(3)
of this section, the municipal | 173 |
court or county court shall
direct that a copy of the order be | 174 |
delivered to the court of
common pleas to which the defendant is | 175 |
bound over. | 176 |
If you are convicted of a misdemeanor crime involving | 181 |
violence in which you are or were a spouse, intimate partner, | 182 |
parent, or guardian of the victim or are or were involved in | 183 |
another, similar relationship with the victim, it may be unlawful | 184 |
for you to possess or purchase a firearm, including a rifle, | 185 |
pistol, or revolver, or ammunition pursuant to federal law under | 186 |
18 U.S.C. 922(g)(9). If you have any questions whether this law | 187 |
makes it illegal for you to possess or purchase a firearm or | 188 |
ammunition, you should consult an attorney." | 189 |
(I) Notwithstanding any provision of law to the contrary
and | 204 |
regardless of whether a protection order is issued or a consent | 205 |
agreement is approved by a court of
another county or by a court | 206 |
of another state,
no
court
or unit of state or local government | 207 |
shall
charge
any fee, cost, deposit, or money in connection
with | 208 |
the filing of a motion
pursuant
to
this section, in
connection | 209 |
with the filing, issuance,
registration, or service of
a | 210 |
protection order or consent agreement, or for obtaining
certified | 211 |
copies of a protection order or consent agreement. | 212 |
Sec. 2919.26. (A)(1) Upon the filing of a complaint that | 215 |
alleges a violation of section 2909.06, 2909.07, 2911.12, or | 216 |
2911.211 of the Revised Code if the alleged victim of the | 217 |
violation was a family
or household member at the time of the | 218 |
violation, a violation of a
municipal ordinance that is | 219 |
substantially
similar to any of those sections if the alleged | 220 |
victim of the violation was a
family or household member
at the | 221 |
time of the violation, any offense of violence if the alleged | 222 |
victim of the offense was a family or household member at the time | 223 |
of the commission of the offense, or any sexually oriented offense | 224 |
if the alleged victim of the offense was a family or household | 225 |
member at the time of the commission of the offense, the | 226 |
complainant, the alleged victim,
or a family or household member | 227 |
of
an alleged victim
may file, or,
if in an emergency the alleged | 228 |
victim
is unable to
file, a person
who made an arrest for the | 229 |
alleged violation or offense under
section 2935.03
of the Revised | 230 |
Code may file on behalf of the
alleged victim, a
motion that | 231 |
requests the issuance
of a temporary
protection order
as a | 232 |
pretrial condition of release of the
alleged offender, in
addition | 233 |
to any bail set under Criminal Rule
46. The motion shall
be filed | 234 |
with the clerk of the court that
has jurisdiction of the
case at | 235 |
any time after the filing of the
complaint. | 236 |
(2) For purposes of section 2930.09 of the Revised Code, all | 237 |
stages of a
proceeding arising out of a complaint alleging the | 238 |
commission of a violation, offense of violence, or sexually | 239 |
oriented offense described in
division (A)(1) of this
section, | 240 |
including all proceedings on a
motion for a temporary protection | 241 |
order, are critical stages of
the case, and a victim
may be | 242 |
accompanied
by a victim advocate or
another person to provide | 243 |
support to the victim as
provided in
that section. | 244 |
A complaint, a copy of which has been attached to this | 261 |
motion, has been filed in this court charging the named defendant | 262 |
with .......................... (name of the specified violation, | 263 |
the offense of violence, or sexually oriented offense charged) in | 264 |
circumstances in which the victim was a family
or household member | 265 |
in violation of (section
of the Revised Code designating the | 266 |
specified violation, offense of violence, or sexually oriented | 267 |
offense charged), or charging the named defendant with
a
violation | 268 |
of a municipal ordinance that is substantially similar
to | 269 |
........................ (section
of the Revised Code designating | 270 |
the specified violation, offense of violence, or sexually oriented | 271 |
offense charged) involving a family or
household member. | 272 |
I understand that I must appear before the court, at a time | 273 |
set by the court within twenty-four hours after the filing of
this | 274 |
motion, for a hearing on the motion or that, if I am unable to | 275 |
appear
because of hospitalization or a medical condition resulting | 276 |
from the offense
alleged in the complaint, a person who can | 277 |
provide information about my need
for a temporary protection order | 278 |
must appear before the court in lieu of my
appearing in court. I | 279 |
understand that any temporary
protection order granted pursuant to | 280 |
this motion is a pretrial
condition of release and is effective | 281 |
only until the disposition
of the criminal proceeding arising out | 282 |
of the attached complaint,
or the issuance of a civil protection | 283 |
order or the approval of a
consent agreement, arising out of the | 284 |
same activities as those
that were the basis of the complaint, | 285 |
under section 3113.31 of
the Revised Code. | 286 |
(C)(1) As soon as possible after the filing of a motion that | 294 |
requests the issuance of a temporary protection order, but not | 295 |
later than twenty-four hours after the filing of the motion, the | 296 |
court shall conduct a hearing to determine whether to issue the | 297 |
order. The person who requested the order shall appear before
the | 298 |
court and provide the court with the information that it
requests | 299 |
concerning the basis of the motion. If the person who requested | 300 |
the
order is unable to appear and if the court finds that the | 301 |
failure to appear is
because of the person's hospitalization or | 302 |
medical condition resulting from
the offense alleged in the | 303 |
complaint, another person who is able to provide
the court with | 304 |
the information it requests may appear in lieu of the person
who | 305 |
requested the order. If the court finds that the safety and | 306 |
protection of
the complainant, alleged victim, or any other family | 307 |
or household member of the alleged victim may be impaired by
the | 308 |
continued presence of the alleged offender, the court may
issue a | 309 |
temporary protection order, as a pretrial condition of
release, | 310 |
that contains terms designed to ensure the safety and
protection | 311 |
of the complainant, alleged victim, or the
family or household | 312 |
member,
including a requirement that the alleged offender refrain | 313 |
from
entering the residence, school, business, or place of | 314 |
employment
of the complainant, alleged victim, or the family or | 315 |
household member and a requirement that the alleged offender be | 316 |
monitored by
means of a global positioning system device. If the | 317 |
court requires
that the alleged offender be monitored by a global | 318 |
positioning
system device, the alleged offender shall pay the | 319 |
cost of the
monitoring. | 320 |
(2)(a) If the court issues a temporary protection order that | 321 |
includes a
requirement that the alleged offender refrain from | 322 |
entering the residence,
school, business, or place of employment | 323 |
of the complainant, the
alleged victim, or the family or
household | 324 |
member, the order shall state clearly that the order cannot be | 325 |
waived or nullified by an invitation to the alleged offender from | 326 |
the
complainant, alleged victim, or family or household
member to | 327 |
enter the residence, school,
business, or place of employment or | 328 |
by the alleged offender's entry into one
of those places otherwise | 329 |
upon the consent of the complainant,
alleged victim, or family or | 330 |
household member. | 331 |
(b) Division (C)(2)(a) of this section does not limit any | 332 |
discretion of a
court to determine that an alleged offender | 333 |
charged with a violation of
section 2919.27 of the Revised Code, | 334 |
with a violation of a municipal ordinance
substantially equivalent | 335 |
to that section, or with contempt of court, which
charge is based | 336 |
on an alleged violation of a temporary protection order issued | 337 |
under this section, did not commit the violation or was not in | 338 |
contempt of
court. | 339 |
(D)(1) Upon the filing of a complaint that alleges
a | 340 |
violation
of section 2909.06, 2909.07, 2911.12, or
2911.211 of
the | 341 |
Revised Code if the alleged victim of the violation was a
family | 342 |
or household
member at the time of the violation, a violation of a | 343 |
municipal ordinance
that is substantially similar
to any of those | 344 |
sections if the alleged victim of the violation was a family or | 345 |
household member at
the time
of the violation, any offense of | 346 |
violence if the alleged victim of the offense was a family or | 347 |
household member at the time of the commission of the offense, or | 348 |
any sexually oriented offense if the alleged victim of the offense | 349 |
was a family or household member at the time of the commission of | 350 |
the offense, the court, upon its own
motion, may issue a
temporary | 351 |
protection order as a pretrial
condition of release if
it finds | 352 |
that the safety and protection
of the complainant,
alleged victim, | 353 |
or other family or
household member of the
alleged
offender may be | 354 |
impaired by the continued presence of the
alleged
offender. | 355 |
(2) If the court issues a temporary protection order under | 356 |
this section as an ex parte order, it shall conduct, as soon as | 357 |
possible after the issuance of the order, a hearing in the | 358 |
presence of the
alleged offender not later than the next day on | 359 |
which the court is scheduled
to conduct business after the day on | 360 |
which the alleged offender was arrested
or at the time of the | 361 |
appearance of the alleged offender pursuant to summons
to | 362 |
determine whether the order should remain in effect, be modified, | 363 |
or be
revoked. The hearing shall be conducted under the standards | 364 |
set
forth in division (C) of this section. | 365 |
(4) If a municipal court or a county
court issues a
temporary | 369 |
protection order under this section and
if, subsequent
to the | 370 |
issuance of the order, the alleged
offender who is the
subject of | 371 |
the order is bound over to the
court of common pleas
for | 372 |
prosecution of a felony arising out of
the same activities as | 373 |
those that were the basis of the
complaint upon which the order is | 374 |
based, notwithstanding the
fact that the order was issued by a | 375 |
municipal court or county
court, the order shall remain in effect, | 376 |
as though it were an order of the
court of common pleas, while the | 377 |
charges
against the alleged offender are pending in the court of | 378 |
common
pleas, for the period of time described in division
(E)(2) | 379 |
of this section, and the court of common pleas has exclusive | 380 |
jurisdiction to modify the order issued by the municipal court or | 381 |
county
court.
This
division applies when the alleged offender is | 382 |
bound over to the
court of common pleas as a result of the person | 383 |
waiving a
preliminary hearing on the felony charge, as a result of | 384 |
the
municipal court or county court having determined at a | 385 |
preliminary hearing that there is probable cause to believe that | 386 |
the felony has been committed and that the alleged offender | 387 |
committed it, as a result of the alleged offender having been | 388 |
indicted for the felony, or in any other manner. | 389 |
(G)(1) A copy of any temporary protection order that is | 415 |
issued under this section shall be issued by the court to the | 416 |
complainant, to the alleged victim, to the person who requested | 417 |
the
order, to the defendant, and to all law enforcement
agencies | 418 |
that have jurisdiction to enforce the order. The court
shall | 419 |
direct that a copy of the order be delivered to the
defendant on | 420 |
the same day that the order is entered. If a municipal court
or a | 421 |
county court issues a temporary
protection order under this | 422 |
section and if, subsequent to the
issuance of the order, the | 423 |
defendant who is the subject of the
order is bound over to the | 424 |
court of common pleas for prosecution
as described in division | 425 |
(D)(4)
of this section, the municipal court or county court shall | 426 |
direct that a copy of the order be delivered to the court of | 427 |
common pleas to which the defendant is bound over. | 428 |
If you are convicted of a misdemeanor crime involving | 433 |
violence in which you are or were a spouse, intimate partner, | 434 |
parent, or guardian of the victim or are or were involved in | 435 |
another, similar relationship with the victim, it may be unlawful | 436 |
for you to possess or purchase a firearm, including a rifle, | 437 |
pistol, or revolver, or ammunition pursuant to federal law under | 438 |
18 U.S.C. 922(g)(9). If you have any questions whether this law | 439 |
makes it illegal for you to possess or purchase a firearm or | 440 |
ammunition, you should consult an attorney." | 441 |
(4) A complainant, alleged victim, or other person who | 448 |
obtains
a temporary protection
order under this section may | 449 |
provide notice of the issuance of
the temporary protection order | 450 |
to the judicial and law
enforcement officials in any county other | 451 |
than the county in
which the order is issued by registering that | 452 |
order in the other
county in accordance with division (N) of | 453 |
section 3113.31
of the Revised Code and filing a copy of the | 454 |
registered protection order with a law enforcement agency in the | 455 |
other county in accordance with that division. | 456 |
(2) If a complaint is filed that alleges that a person | 471 |
committed a violation, offense of violence, or sexually oriented | 472 |
offense of the type described in division
(A) of
this section, the | 473 |
court may not issue a temporary
protection order
under this | 474 |
section that requires the complainant,
the alleged
victim,
or | 475 |
another family or household member of the defendant to
do or | 476 |
refrain from doing an act that the court may require the
defendant | 477 |
to do or refrain from doing under a temporary
protection
order | 478 |
unless both of the following apply: | 479 |
(b) The court determines that both the
complainant, alleged | 485 |
victim, or other family or household
member
in question who
would | 486 |
be required under the order to do or refrain from doing the
act | 487 |
and the defendant acted primarily as aggressors, that neither
the | 488 |
complainant, alleged victim, or other family or
household member | 489 |
in question
who would be required under the order to do or refrain | 490 |
from doing
the act nor the defendant acted primarily in | 491 |
self-defense, and,
in accordance with the standards and criteria | 492 |
of this section as
applied in relation to the separate complaint | 493 |
filed by the
defendant, that it should issue the order to require | 494 |
the
complainant, alleged victim, or other family or household | 495 |
member in question to do
or refrain from doing the act. | 496 |
(J) Notwithstanding any provision of law to the
contrary
and | 497 |
regardless of whether a protection order is issued or a consent | 498 |
agreement is approved by a court of
another county or a court of | 499 |
another state, no
court
or unit of state or local government shall | 500 |
charge
any fee, cost, deposit, or money in connection with
the | 501 |
filing of a motion
pursuant to
this section, in connection
with | 502 |
the filing, issuance,
registration, or service of a
protection | 503 |
order or consent agreement, or for obtaining a
certified copy of a | 504 |
protection order or consent agreement. | 505 |