(D) Whoever violates division (A) of section 959.13 of the | 25 |
Revised Code is guilty of a misdemeanor of the second degree on a | 26 |
first offense and a misdemeanor of the first degree on each | 27 |
subsequent
offense. In
addition, the court may order the offender | 28 |
to forfeit
the animal
or livestock and may provide for its | 29 |
disposition,
including, but
not limited to, the sale of the | 30 |
animal or
livestock. If an
animal
or livestock is forfeited and | 31 |
sold
pursuant to this
division, the
proceeds from the sale first | 32 |
shall
be applied to
pay the expenses
incurred with regard to the | 33 |
care of
the animal
from the time it
was taken from the custody of | 34 |
the
former owner.
The balance of the
proceeds from the sale, if | 35 |
any,
shall be paid
to the former owner
of the animal. | 36 |
(3)(a) A court may order a person who is convicted of or | 51 |
pleads
guilty to
a violation of section 959.131 of the Revised | 52 |
Code
to
forfeit to an impounding agency, as defined in section | 53 |
959.132 of
the Revised Code, any or all of the companion animals | 54 |
in that
person's ownership or care. The court also may prohibit
or | 55 |
place
limitations on the person's ability to own or care for
any | 56 |
companion animals for a specified or indefinite period of
time. | 57 |
(4) If(a) Except as otherwise provided in division (E)(4)(b) | 65 |
of this section, if a court has reason to believe that a person | 66 |
who is
convicted of or
pleads guilty to a violation
of section | 67 |
959.131 of
the Revised Code
suffers from a mental or emotional | 68 |
disorder that
contributed to the violation,
the court may impose | 69 |
as a community
control sanction or as a condition of probation a | 70 |
requirement that
the offender undergo psychological evaluation or | 71 |
counseling. The
court shall order the offender to pay the costs
of | 72 |
the evaluation
or counseling. | 73 |
(2) Commit the child to the temporary custody of any school, | 96 |
camp, institution, or other facility operated for the care of | 97 |
delinquent
children by the county, by a district organized under | 98 |
section
2152.41 or 2151.65 or 2152.41 of the Revised Code, or by a | 99 |
private
agency or organization, within or without the state, that | 100 |
is
authorized and
qualified to provide the care, treatment, or | 101 |
placement required, including, but not limited to, a school, camp, | 102 |
or facility operated under section 2151.65 of the Revised Code; | 103 |
(4) Place the child on community control under any
sanctions, | 107 |
services,
and conditions that the court prescribes. As
a
condition | 108 |
of
community control in every case and in addition to
any other | 109 |
condition that it imposes upon the child, the court
shall require | 110 |
the child
to abide by the law during the period of
community | 111 |
control. As
referred to in this division, community
control | 112 |
includes, but is
not limited to, the following sanctions
and | 113 |
conditions: | 114 |
A period of house arrest with electronic monitoring or | 154 |
continuous alcohol monitoring or both electronic monitoring and | 155 |
continuous alcohol monitoring, imposed
under
this division shall | 156 |
not extend beyond the child's
twenty-first birthday. If a
court | 157 |
imposes a period of
house arrest with electronic monitoring or | 158 |
continuous alcohol monitoring or both electronic monitoring and | 159 |
continuous alcohol monitoring, upon a
child under this
division, | 160 |
it shall require the child: to remain in the child's
home or
other | 161 |
specified premises for the entire period of
house arrest with | 162 |
electronic monitoring or continuous alcohol monitoring or both | 163 |
except when the court
permits the child to
leave those premises to | 164 |
go to school or to
other specified
premises. Regarding electronic | 165 |
monitoring, the court also shall require the child to be monitored | 166 |
by a central system that
can determine
the child's location at | 167 |
designated times; to report
periodically
to a person designated by | 168 |
the court; and to enter
into a written
contract with the court | 169 |
agreeing to comply with all
requirements
imposed by the court, | 170 |
agreeing to pay any fee imposed
by the court
for the costs of the | 171 |
house
arrest with electronic monitoring, and
agreeing to waive the | 172 |
right to receive credit for any
time served
on house arrest with | 173 |
electronic monitoring toward the
period of any
other dispositional | 174 |
order imposed upon the child if
the child
violates any of the | 175 |
requirements of the dispositional
order of
house arrest with | 176 |
electronic monitoring. The court also
may impose
other reasonable | 177 |
requirements upon the child. | 178 |
Unless ordered by the court, a child shall not receive credit | 179 |
for any time
served on
house arrest with electronic monitoring
or | 180 |
continuous alcohol monitoring or both toward any other | 181 |
dispositional
order imposed upon the child for
the act for which | 182 |
was imposed the
dispositional order of
house arrest with | 183 |
electronic monitoring or continuous alcohol monitoring. As used in | 184 |
this division and division (A)(4)(l)(j) of this section, | 185 |
"continuous
alcohol monitoring" has the same meaning as in | 186 |
section 2929.01 of
the Revised Code. | 187 |
(l) A suspension of the driver's license, probationary | 188 |
driver's
license, or temporary instruction permit issued to the | 189 |
child
for a period of time prescribed by the court, or a | 190 |
suspension
of the
registration of all motor vehicles
registered in | 191 |
the name of the child
for a period of time prescribed by the | 192 |
court. A child whose license or
permit is so suspended is | 193 |
ineligible for issuance of a license or
permit during the period | 194 |
of suspension. At the end of the period
of suspension, the child | 195 |
shall not be reissued a license or permit
until the child has paid | 196 |
any applicable reinstatement fee and
complied with all | 197 |
requirements governing license reinstatement. | 198 |
(b) If a child is adjudicated a delinquent child for being a | 216 |
chronic truant or a habitual truant who previously has been | 217 |
adjudicated an
unruly child for being a
habitual truant and the | 218 |
court determines that the parent,
guardian, or other person having | 219 |
care of the child has failed to
cause the child's attendance at | 220 |
school in violation of section
3321.38 of the Revised Code, do | 221 |
either or both of the
following: | 222 |
(B) If a child is adjudicated a delinquent child, in
addition | 244 |
to
any order of disposition made under division (A) of
this | 245 |
section, the
court, in
the following situations
and for the | 246 |
specified periods of time, shall
suspend the child's temporary | 247 |
instruction
permit, restricted
license, probationary driver's | 248 |
license, or nonresident
operating
privilege, or suspend the | 249 |
child's ability to obtain such a permit: | 250 |
(2)
If the child is adjudicated a delinquent child for | 258 |
committing an
act that if committed by an adult would be a drug | 259 |
abuse offense
or for violating
division (B) of section 2917.11 of | 260 |
the Revised
Code,
suspend the child's license, permit, or | 261 |
privilege for a period of time prescribed by the court. The court, | 262 |
in its discretion, may terminate the suspension
if the child | 263 |
attends and
satisfactorily completes a drug abuse or
alcohol abuse | 264 |
education,
intervention, or treatment program
specified by the | 265 |
court. During
the time the child is attending
a program
described | 266 |
in this division, the
court shall retain
the child's
temporary | 267 |
instruction permit, probationary
driver's license, or
driver's | 268 |
license, and the
court shall return the permit or
license
if it | 269 |
terminates the
suspension as described in this
division. | 270 |
(D)(1) If a child is adjudicated a delinquent child for | 276 |
committing an act that would be a felony if committed by an adult | 277 |
and if the
child caused, attempted to cause, threatened to
cause, | 278 |
or created a risk of physical harm to the victim of the
act, the | 279 |
court, prior to issuing an order of disposition under
this | 280 |
section, shall order the preparation of a victim impact
statement | 281 |
by the probation department of the county in which the
victim of | 282 |
the act resides, by the court's own probation department, or by a | 283 |
victim assistance program that is operated by the state, a county, | 284 |
a municipal
corporation, or another governmental entity. The court | 285 |
shall
consider the victim impact statement in determining the | 286 |
order of
disposition to issue for the child. | 287 |
(2) Each victim impact statement shall identify the victim
of | 288 |
the
act for which the child was adjudicated a delinquent child, | 289 |
itemize any
economic loss suffered by the victim as a result of | 290 |
the act,
identify any physical injury suffered by the victim as a | 291 |
result of
the act and the seriousness and permanence of the | 292 |
injury, identify
any change in the victim's personal welfare or | 293 |
familial
relationships as a result of the act and any | 294 |
psychological impact
experienced by the victim or the victim's | 295 |
family as a result of the act, and
contain any other
information | 296 |
related to the impact of the act upon the victim that the
court | 297 |
requires. | 298 |
(3) A victim impact statement shall be kept confidential and | 299 |
is
not a public record. However, the court may furnish copies of | 300 |
the statement
to the department of youth services if the | 301 |
delinquent child
is committed to the department or to both the | 302 |
adjudicated
delinquent child or the adjudicated delinquent child's | 303 |
counsel and
the prosecuting attorney. The copy of a victim impact | 304 |
statement
furnished by the court to the department pursuant to | 305 |
this section
shall be kept confidential and is not a public | 306 |
record.
If an officer is preparing pursuant to section 2947.06 or | 307 |
2951.03 of the Revised Code or Criminal Rule 32.2 a presentence | 308 |
investigation report pertaining to a person, the court shall make | 309 |
available to the officer, for use in preparing the report, a copy | 310 |
of any victim impact statement regarding that person. The copies | 311 |
of a victim
impact statement that are made
available to the | 312 |
adjudicated delinquent child or the adjudicated
delinquent child's | 313 |
counsel and the
prosecuting attorney pursuant
to this division | 314 |
shall be returned to the
court by the person to
whom they were | 315 |
made available
immediately following the imposition
of an order of | 316 |
disposition for the
child under this chapter. | 317 |
(E) If a child is adjudicated a delinquent child for being a | 325 |
chronic
truant or a habitual truant who previously has been | 326 |
adjudicated an
unruly child for being a habitual truant and the | 327 |
court determines that
the parent, guardian, or other person having | 328 |
care of the child has
failed to cause the child's attendance at | 329 |
school in violation of
section 3321.38 of the Revised Code, in | 330 |
addition to any
order of
disposition it makes under this section, | 331 |
the court shall warn the
parent, guardian, or other person having | 332 |
care of the child that
any subsequent adjudication of the child as | 333 |
an unruly or
delinquent child for being a habitual or chronic | 334 |
truant may
result in a criminal charge against the parent, | 335 |
guardian, or other
person having care of the child for a violation | 336 |
of division (C) of
section 2919.21 or section 2919.24 of the | 337 |
Revised Code. | 338 |
(F) If a child under eighteen years of age is adjudicated a | 339 |
delinquent child for a violation of division (B) of section | 340 |
959.131 of the Revised Code, the court, in addition to any other | 341 |
disposition that it makes under this section, shall require the | 342 |
child to undergo a psychological evaluation. The evaluation shall | 343 |
determine if the child needs individual or family counseling and | 344 |
shall make a recommendation as to the frequency and the length of | 345 |
time that the counseling should occur. If individual or family | 346 |
counseling is recommended by the evaluation, the court shall | 347 |
require the counseling to take place and shall establish the | 348 |
frequency and the length of time of the counseling. The court may | 349 |
order the parent,
guardian, or other person
having care of the | 350 |
child to pay the
costs of the evaluation, any
counseling, or | 351 |
both. | 352 |
(G)(1) During the period of a delinquent child's community | 353 |
control granted under this section, authorized probation officers | 354 |
who are
engaged within the scope of their supervisory duties
or | 355 |
responsibilities may search, with or without a warrant, the
person | 356 |
of the delinquent child, the place of residence of the
delinquent | 357 |
child, and a motor vehicle, another item of tangible or
intangible | 358 |
personal property, or other real property in which the
delinquent | 359 |
child has a right, title, or interest or for which the
delinquent | 360 |
child has the express or implied permission of a person with a | 361 |
right, title, or interest to use, occupy, or possess if the | 362 |
probation officers
have reasonable grounds to believe that the | 363 |
delinquent child is not abiding by
the law or otherwise is not | 364 |
complying with the conditions of the
delinquent child's community | 365 |
control. The court that places a
delinquent child on community | 366 |
control under this section shall
provide the delinquent child with | 367 |
a written notice that informs
the delinquent child that authorized | 368 |
probation officers who are
engaged within the scope of their | 369 |
supervisory duties or responsibilities may
conduct those types of | 370 |
searches during the period of community control if they
have | 371 |
reasonable grounds to believe that the delinquent child is
not | 372 |
abiding by the law or otherwise is not complying with the | 373 |
conditions of the delinquent child's community control. The court | 374 |
also shall provide the written notice described in division | 375 |
(E)(G)(2)
of this section to each
parent, guardian, or custodian | 376 |
of the
delinquent child who is described in
that
division. | 377 |
(2) The court that places a child on community control under | 378 |
this
section shall provide the child's parent, guardian, or other | 379 |
custodian
with a written notice that informs them that authorized | 380 |
probation
officers may conduct searches pursuant to division | 381 |
(E)(1) of this
section. The notice shall specifically state that
a | 382 |
permissible
search might extend to a motor vehicle, another item | 383 |
of tangible
or intangible personal property, or a place of | 384 |
residence or other
real property in which a notified parent, | 385 |
guardian, or custodian
has a right, title, or interest and that | 386 |
the parent, guardian, or
custodian expressly or impliedly permits | 387 |
the child to use, occupy,
or possess. | 388 |
Sec. 2903.213. (A) Except when the complaint involves a | 402 |
person who is a family or household member as defined in section | 403 |
2919.25 of the Revised Code, upon the filing of a complaint that | 404 |
alleges a violation of section 2903.11, 2903.12, 2903.13, 2903.21, | 405 |
2903.211,
2903.22, or
2911.211 of the Revised Code, a violation
of | 406 |
a municipal ordinance
substantially similar to section 2903.13, | 407 |
2903.21, 2903.211, 2903.22, or
2911.211 of the Revised Code, or | 408 |
the commission of a sexually oriented offense, the
complainant, | 409 |
the alleged victim,
or a family or household member
of an alleged | 410 |
victim may file a motion
that requests the issuance
of a | 411 |
protection
order as a pretrial condition of release of the
alleged | 412 |
offender, in
addition to any bail set under Criminal Rule
46. The | 413 |
motion
shall be filed with the clerk of the court that
has | 414 |
jurisdiction
of the case at any time after the filing of the | 415 |
complaint. If
the complaint involves a person who is a family or | 416 |
household
member, the complainant, the alleged victim, or the | 417 |
family or
household member may file a motion for a temporary | 418 |
protection order pursuant to section 2919.26 of the Revised Code. | 419 |
(Name of person),
moves the court to issue a protection order | 430 |
containing terms designed to ensure the safety and protection of | 431 |
the complainant or the alleged victim in the above-captioned
case | 432 |
and any companion animal that is in the complainant's or alleged | 433 |
victim's residence,
in relation to the named defendant, pursuant | 434 |
to
its authority to
issue a protection order under section | 435 |
2903.213 of
the Revised
Code. | 436 |
|
A complaint, a copy of which has been attached to this | 437 |
motion, has been filed in this court charging the named defendant | 438 |
with a violation of section 2903.11, 2903.12, 2903.13, 2903.21, | 439 |
2903.211,
2903.22, or
2911.211 of the Revised Code, a violation
of | 440 |
a municipal ordinance
substantially similar to section 2903.13, | 441 |
2903.21, 2903.211, 2903.22, or
2911.211 of the Revised Code, or | 442 |
the commission of a sexually oriented offense. | 443 |
I understand that I must appear before the court, at a time | 444 |
set by the court not later than the next day that the court is in | 445 |
session after the filing of this motion, for a hearing on the | 446 |
motion, and that any protection order granted
pursuant to this | 447 |
motion is a pretrial condition of release and is
effective only | 448 |
until the disposition of the criminal proceeding
arising out of | 449 |
the attached complaint or until the issuance under section | 450 |
2903.214 of the Revised Code of a protection order arising out of | 451 |
the same activities as
those that were the basis of the attached | 452 |
complaint. | 453 |
(C)(1) As soon as possible after the filing of a motion that | 458 |
requests the issuance of a protection order
under this section, | 459 |
but
not later than the next day that the court is in session after | 460 |
the filing of the motion, the court shall conduct a hearing to | 461 |
determine whether to issue the order. The person who
requested
the | 462 |
order shall
appear before the court and provide the court with
the | 463 |
information that it requests concerning the basis of the
motion. | 464 |
If the court finds that the safety and protection of the | 465 |
complainant or the alleged victim may be impaired by the continued | 466 |
presence of the
alleged offender, the court may issue a
protection | 467 |
order under this section, as a pretrial condition of release, that | 468 |
contains terms
designed to ensure the safety and protection of the | 469 |
complainant or the
alleged victim,
including a requirement that | 470 |
the alleged offender refrain from
entering the residence, school, | 471 |
business, or place of employment
of the complainant or the alleged | 472 |
victim.
The court may include within the scope of a protection | 473 |
order issued under this section any companion animal that is in | 474 |
the complainant's or alleged victim's residence. | 475 |
(2)(a) If
the court issues a protection order under this | 476 |
section that
includes a requirement that the alleged offender | 477 |
refrain from
entering the residence, school, business, or place of | 478 |
employment
of the complainant or the alleged victim, the order | 479 |
shall clearly state
that the order
cannot be waived or nullified | 480 |
by an invitation to the alleged
offender from the complainant, the | 481 |
alleged victim, or a family or
household member to enter the | 482 |
residence, school,
business, or place of employment or by the | 483 |
alleged offender's
entry into one of those places otherwise upon | 484 |
the consent of the
complainant, the alleged victim, or a family or | 485 |
household
member. | 486 |
(b) Division
(C)(2)(a)
of this section does not limit any | 487 |
discretion of a court to
determine that an alleged offender | 488 |
charged with a violation of
section 2919.27 of the Revised Code, | 489 |
with a violation of a
municipal ordinance substantially equivalent | 490 |
to that section, or
with contempt of court, which charge is based | 491 |
on an alleged
violation of a protection order issued under this | 492 |
section, did
not commit the violation or was not in contempt of | 493 |
court. | 494 |
(D)(1) Except when the complaint involves a person who is
a | 495 |
family or household member as defined in section 2919.25 of the | 496 |
Revised Code, upon the filing of a complaint that alleges a | 497 |
violation specified in division (A) of this section, the court, | 498 |
upon its own
motion, may issue a protection order under this | 499 |
section as a
pretrial condition of release
of the alleged offender | 500 |
if it finds that the safety and
protection of the complainant or | 501 |
the alleged victim may be impaired by
the continued
presence of | 502 |
the alleged offender.
The court may include within the scope of a | 503 |
protection order issued under this section any companion animal | 504 |
that is in the complainant's or alleged victim's residence. | 505 |
(2) If the court issues a protection order
under this
section | 506 |
as an ex parte order, it shall conduct, as
soon as
possible after | 507 |
the issuance of the order but not later
than the
next day that the | 508 |
court is in session after its issuance, a
hearing to determine | 509 |
whether the order should remain in effect,
be
modified, or be | 510 |
revoked. The hearing shall be conducted under
the
standards set | 511 |
forth in division (C) of this section. | 512 |
(3) If a municipal court or a county
court issues a | 513 |
protection order under this
section and
if, subsequent to the | 514 |
issuance of the order, the alleged
offender who is the subject of | 515 |
the order is bound over to the
court of common pleas for | 516 |
prosecution of a felony arising out of
the same activities as | 517 |
those that were the basis of the
complaint upon which the order is | 518 |
based, notwithstanding the
fact that the order was issued by a | 519 |
municipal court or county
court, the order shall remain in effect, | 520 |
as though it were an order of the
court of common pleas, while the | 521 |
charges
against the alleged offender are pending in the court of | 522 |
common
pleas, for the period of time described in division
(E)(2) | 523 |
of this section, and the court of common pleas has exclusive | 524 |
jurisdiction to modify the order issued by the municipal court or | 525 |
county
court. This
division applies when the alleged offender is | 526 |
bound over to the
court of common pleas as a result of the person | 527 |
waiving a
preliminary hearing on the felony charge, as a result of | 528 |
the
municipal court or county court having determined at a | 529 |
preliminary hearing that there is probable cause to believe that | 530 |
the felony has been committed and that the alleged offender | 531 |
committed it, as a result of the alleged offender having been | 532 |
indicted for the felony, or in any other manner. | 533 |
(2) Is effective only until the disposition, by the court | 538 |
that
issued the order or, in the circumstances described in | 539 |
division
(D)(3) of this section, by the court of common pleas to | 540 |
which the
alleged offender is bound over for prosecution, of the | 541 |
criminal proceeding arising out of the complaint upon which the | 542 |
order is
based or until the issuance under section 2903.214 of the | 543 |
Revised Code of a protection
order arising out of the same | 544 |
activities as those that were the basis of the
complaint filed | 545 |
under this section; | 546 |
(G)(1) A copy of a protection order that
is issued under
this | 556 |
section shall be issued by the court to the
complainant, to
the | 557 |
alleged victim, to the person who requested the
order, to the | 558 |
defendant, and to all law enforcement
agencies that have | 559 |
jurisdiction to enforce the order. The court
shall direct that a | 560 |
copy of the order be delivered to the
defendant on the same day | 561 |
that the order is entered. If a municipal court
or a county court | 562 |
issues a
protection order under this section and if, subsequent to | 563 |
the
issuance of the order, the defendant who is the subject of the | 564 |
order is bound over to the court of common pleas for prosecution | 565 |
as described in division (D)(3)
of this section, the municipal | 566 |
court or county court shall
direct that a copy of the order be | 567 |
delivered to the court of
common pleas to which the defendant is | 568 |
bound over. | 569 |
If you are convicted of a misdemeanor crime involving | 574 |
violence in which you are or were a spouse, intimate partner, | 575 |
parent, or guardian of the victim or are or were involved in | 576 |
another, similar relationship with the victim, it may be unlawful | 577 |
for you to possess or purchase a firearm, including a rifle, | 578 |
pistol, or revolver, or ammunition pursuant to federal law under | 579 |
18 U.S.C. 922(g)(9). If you have any questions whether this law | 580 |
makes it illegal for you to possess or purchase a firearm or | 581 |
ammunition, you should consult an attorney." | 582 |
(I) Notwithstanding any provision of law to the contrary
and | 597 |
regardless of whether a protection order is issued or a consent | 598 |
agreement is approved by a court of
another county or by a court | 599 |
of another state,
no
court
or unit of state or local government | 600 |
shall
charge
any fee, cost, deposit, or money in connection
with | 601 |
the filing of a motion
pursuant
to
this section, in
connection | 602 |
with the filing, issuance,
registration, or service of
a | 603 |
protection order or consent agreement, or for obtaining
certified | 604 |
copies of a protection order or consent agreement. | 605 |
(2) If the petitioner seeks relief in the form of electronic | 639 |
monitoring of the respondent, an allegation that at any time | 640 |
preceding the filing of the petition the
respondent engaged in | 641 |
conduct that would cause a reasonable person
to believe that the | 642 |
health, welfare, or safety of the person to be
protected was at | 643 |
risk, a description of the nature and extent of
that conduct, and | 644 |
an allegation that the respondent presents a
continuing danger to | 645 |
the person to be protected; | 646 |
(D)(1) If a person who files a petition pursuant to this | 648 |
section requests an ex parte order, the court shall hold an ex | 649 |
parte hearing as soon as possible after the petition is filed, but | 650 |
not later
than the next day that the court is in session after the | 651 |
petition is filed.
The
court, for good cause shown at the ex | 652 |
parte hearing, may enter
any temporary orders, with or without | 653 |
bond, that the court finds necessary for
the safety and protection | 654 |
of the person to be protected by the order.
Immediate and present | 655 |
danger to the person to be protected by the protection
order | 656 |
constitutes good cause for purposes of this section. Immediate
and | 657 |
present danger includes, but is not limited to,
situations in | 658 |
which the respondent has threatened the person to be protected
by | 659 |
the protection order with bodily harm or in which the respondent | 660 |
previously has been convicted of or pleaded guilty to a violation | 661 |
of section
2903.211
of the Revised Code or a sexually oriented | 662 |
offense against the person to be
protected by the protection | 663 |
order. | 664 |
(2)(a) If the court, after an ex parte hearing, issues a | 665 |
protection order
described in division (E) of this section, the | 666 |
court
shall schedule a full hearing for a date that is within ten | 667 |
court days after
the ex
parte hearing. The court shall give the | 668 |
respondent notice of, and an
opportunity to
be heard at, the full | 669 |
hearing.
The court shall hold the full hearing on the date | 670 |
scheduled under this division unless the court grants a | 671 |
continuance of the hearing in accordance with this division.
Under | 672 |
any of the following circumstances or for any of the
following | 673 |
reasons, the court may grant a continuance of the full
hearing to | 674 |
a reasonable time determined by the court: | 675 |
(E)(1)(a) After an ex parte or full hearing, the court may | 694 |
issue
any protection order, with or without bond,
that contains | 695 |
terms
designed to ensure the safety and protection of the person | 696 |
to be
protected by the protection order, including, but not | 697 |
limited to,
a
requirement that the
respondent refrain from | 698 |
entering the
residence, school, business, or place of employment | 699 |
of the
petitioner or family or household member.
If the court | 700 |
includes a
requirement that the respondent
refrain from entering | 701 |
the
residence, school, business, or place
of employment of the | 702 |
petitioner or family or household member in
the order, it also | 703 |
shall include in the order provisions of the
type described in | 704 |
division
(E)(5) of this section.
The court may include within the | 705 |
scope of a protection order issued under this section any | 706 |
companion animal that is in the residence of the person to be | 707 |
protected. | 708 |
(b) After a full hearing, if the court considering a petition | 709 |
that includes an allegation of the type described in division | 710 |
(C)(2) of this section, or the court upon its own motion, finds | 711 |
upon clear and
convincing evidence that the petitioner reasonably | 712 |
believed that
the respondent's conduct at any time preceding the | 713 |
filing of the petition endangered the health, welfare, or safety | 714 |
of the person to be protected and that the respondent presents a | 715 |
continuing danger to the person to be protected, the court may | 716 |
order that the respondent be electronically monitored for a period | 717 |
of time and under the terms and conditions that the court | 718 |
determines are appropriate. Electronic monitoring shall be in | 719 |
addition to any other relief granted to the petitioner. | 720 |
(d) After a full hearing at which the respondent presents | 741 |
evidence in support of the request for a protection order and the | 742 |
petitioner
is afforded an opportunity to defend against that | 743 |
evidence, the court
determines that the petitioner has committed a | 744 |
violation of section
2903.211 of the Revised Code against the | 745 |
person to be protected by the
protection order issued pursuant to | 746 |
this section, has committed a sexually oriented offense against | 747 |
the person to be protected by the protection order, or has | 748 |
violated a protection
order issued
pursuant to
section 2903.213 of | 749 |
the Revised Code relative to the person to be
protected by
the | 750 |
protection order issued pursuant to this section. | 751 |
(5)(a) If
the court issues a protection order under this | 754 |
section that
includes a requirement that the alleged offender | 755 |
refrain from
entering the residence, school, business, or place of | 756 |
employment
of the petitioner or a family or household member, the | 757 |
order
shall clearly state that the order cannot be waived or | 758 |
nullified
by an invitation to the alleged offender from the | 759 |
complainant to
enter the residence, school, business, or place of | 760 |
employment or
by the alleged offender's entry into one of those | 761 |
places
otherwise upon the consent of the petitioner or family or | 762 |
household member. | 763 |
(b) Division
(E)(5)(a)
of this section does not limit any | 764 |
discretion of a court to
determine that an alleged offender | 765 |
charged with a violation of
section 2919.27 of the Revised Code, | 766 |
with a violation of a
municipal ordinance substantially equivalent | 767 |
to that section, or
with contempt of court, which charge is based | 768 |
on an alleged
violation of a protection order issued under this | 769 |
section, did
not commit the violation or was not in contempt of | 770 |
court. | 771 |
As a result of this order, it may be unlawful for you to | 782 |
possess or purchase a firearm, including a rifle, pistol, or | 783 |
revolver, or ammunition pursuant to federal law under 18 U.S.C. | 784 |
922(g)(8). If you have any questions whether this law makes it | 785 |
illegal for you to possess or purchase a firearm or ammunition, | 786 |
you should consult an attorney." | 787 |
(4) Regardless of whether the petitioner has registered
the | 793 |
protection
order
in the county in which the officer's agency
has | 794 |
jurisdiction
pursuant to division (M) of this section, any | 795 |
officer
of a law
enforcement agency shall enforce a protection | 796 |
order
issued pursuant to this
section by any court in
this state | 797 |
in
accordance with the provisions of the order, including removing | 798 |
the respondent from the premises, if appropriate. | 799 |
(G) Any proceeding under this section shall be conducted
in | 800 |
accordance with the Rules of Civil Procedure,
except that a | 801 |
protection
order may be obtained under this section with or | 802 |
without bond.
An order issued under this section, other than an | 803 |
ex parte
order, that grants a protection order, or that refuses to | 804 |
grant
a protection order, is a final, appealable order.
The | 805 |
remedies and procedures provided in this section are in
addition | 806 |
to, and not in lieu of, any other available civil or
criminal | 807 |
remedies. | 808 |
(J) Notwithstanding any provision of law to the contrary
and | 819 |
regardless of whether a protection order is issued or a consent | 820 |
agreement is approved by a court of
another county or by a court | 821 |
of another state,
no court
or unit of state or local government | 822 |
shall
charge
any fee, cost, deposit, or money in connection
with | 823 |
the filing of a petition
pursuant
to this section, in
connection | 824 |
with the filing, issuance,
registration, or service of
a | 825 |
protection order or consent agreement, or for obtaining a | 826 |
certified copy of a protection order or consent agreement. | 827 |
(2) The punishment of a person for contempt of court for | 834 |
violation of a protection order issued under this section does not | 835 |
bar
criminal prosecution of
the person for a violation of section | 836 |
2919.27 of the Revised
Code. However, a person punished for | 837 |
contempt of court is
entitled to credit for the punishment imposed | 838 |
upon conviction of
a violation of that section, and a person | 839 |
convicted of a
violation of that section shall not subsequently be | 840 |
punished for
contempt of court arising out of the same activity. | 841 |
(M)(1) A petitioner who obtains a protection order under
this | 844 |
section or a protection order
under section 2903.213 of the | 845 |
Revised Code may
provide notice of the issuance or approval of the | 846 |
order to the judicial and
law enforcement officials in any county | 847 |
other
than the county in which the order is issued by registering | 848 |
that order in the
other county pursuant to division
(M)(2) of this | 849 |
section and filing a copy of the registered order with
a law | 850 |
enforcement agency in the other county in accordance with that | 851 |
division.
A person who obtains a protection order issued by a | 852 |
court
of another state may provide notice of the issuance of the | 853 |
order
to the judicial and law enforcement officials in any county | 854 |
of
this state by registering the order in that county pursuant to | 855 |
section 2919.272 of the Revised Code and filing a copy of
the | 856 |
registered order with a law enforcement agency in that
county. | 857 |
(N) If the court orders electronic monitoring of the | 877 |
respondent under this section, the court shall direct the | 878 |
sheriff's office or any other appropriate law enforcement agency | 879 |
to install the electronic monitoring device and to monitor the | 880 |
respondent. Unless the court determines that the respondent is | 881 |
indigent, the court shall order the respondent to pay the cost of | 882 |
the
installation and monitoring of the electronic monitoring | 883 |
device. If the court determines that the respondent is indigent, | 884 |
the cost of the installation and monitoring of the electronic | 885 |
monitoring device shall be paid out of funds from the reparations | 886 |
fund created pursuant to section 2743.191 of the Revised Code. | 887 |
Sec. 2919.26. (A)(1) Upon the filing of a complaint that | 888 |
alleges a violation of section 2909.06, 2909.07, 2911.12, or | 889 |
2911.211 of the Revised Code if the alleged victim of the | 890 |
violation was a family
or household member at the time of the | 891 |
violation, a violation of a
municipal ordinance that is | 892 |
substantially
similar to any of those sections if the alleged | 893 |
victim of the violation was a
family or household member
at the | 894 |
time of the violation, any offense of violence if the alleged | 895 |
victim of the offense was a family or household member at the time | 896 |
of the commission of the offense, or any sexually oriented offense | 897 |
if the alleged victim of the offense was a family or household | 898 |
member at the time of the commission of the offense, the | 899 |
complainant, the alleged victim,
or a family or household member | 900 |
of
an alleged victim
may file, or,
if in an emergency the alleged | 901 |
victim
is unable to
file, a person
who made an arrest for the | 902 |
alleged violation or offense under
section 2935.03
of the Revised | 903 |
Code may file on behalf of the
alleged victim, a
motion that | 904 |
requests the issuance
of a temporary
protection order
as a | 905 |
pretrial condition of release of the
alleged offender, in
addition | 906 |
to any bail set under Criminal Rule
46. The motion shall
be filed | 907 |
with the clerk of the court that
has jurisdiction of the
case at | 908 |
any time after the filing of the
complaint. | 909 |
(2) For purposes of section 2930.09 of the Revised Code, all | 910 |
stages of a
proceeding arising out of a complaint alleging the | 911 |
commission of a violation, offense of violence, or sexually | 912 |
oriented offense described in
division (A)(1) of this
section, | 913 |
including all proceedings on a
motion for a temporary protection | 914 |
order, are critical stages of
the case, and a victim
may be | 915 |
accompanied
by a victim advocate or
another person to provide | 916 |
support to the victim as
provided in
that section. | 917 |
(name of person),
moves the court to issue a temporary protection | 928 |
order containing
terms designed to ensure the safety and | 929 |
protection of the
complainant, alleged victim, and other family or | 930 |
household members, and any companion animal that is in the | 931 |
complainant's or alleged victim's residence, in relation to
the | 932 |
named defendant, pursuant to
its authority to issue such an
order | 933 |
under section 2919.26 of the
Revised Code. | 934 |
|
A complaint, a copy of which has been attached to this | 935 |
motion, has been filed in this court charging the named defendant | 936 |
with .......................... (name of the specified violation, | 937 |
the offense of violence, or sexually oriented offense charged) in | 938 |
circumstances in which the victim was a family
or household member | 939 |
in violation of (section
of the Revised Code designating the | 940 |
specified violation, offense of violence, or sexually oriented | 941 |
offense charged), or charging the named defendant with
a
violation | 942 |
of a municipal ordinance that is substantially similar
to | 943 |
........................ (section
of the Revised Code designating | 944 |
the specified violation, offense of violence, or sexually oriented | 945 |
offense charged) involving a family or
household member. | 946 |
I understand that I must appear before the court, at a time | 947 |
set by the court within twenty-four hours after the filing of
this | 948 |
motion, for a hearing on the motion or that, if I am unable to | 949 |
appear
because of hospitalization or a medical condition resulting | 950 |
from the offense
alleged in the complaint, a person who can | 951 |
provide information about my need
for a temporary protection order | 952 |
must appear before the court in lieu of my
appearing in court. I | 953 |
understand that any temporary
protection order granted pursuant to | 954 |
this motion is a pretrial
condition of release and is effective | 955 |
only until the disposition
of the criminal proceeding arising out | 956 |
of the attached complaint,
or the issuance of a civil protection | 957 |
order or the approval of a
consent agreement, arising out of the | 958 |
same activities as those
that were the basis of the complaint, | 959 |
under section 3113.31 of
the Revised Code. | 960 |
(C)(1) As soon as possible after the filing of a motion that | 968 |
requests the issuance of a temporary protection order, but not | 969 |
later than twenty-four hours after the filing of the motion, the | 970 |
court shall conduct a hearing to determine whether to issue the | 971 |
order. The person who requested the order shall appear before
the | 972 |
court and provide the court with the information that it
requests | 973 |
concerning the basis of the motion. If the person who requested | 974 |
the
order is unable to appear and if the court finds that the | 975 |
failure to appear is
because of the person's hospitalization or | 976 |
medical condition resulting from
the offense alleged in the | 977 |
complaint, another person who is able to provide
the court with | 978 |
the information it requests may appear in lieu of the person
who | 979 |
requested the order. If the court finds that the safety and | 980 |
protection of
the complainant, alleged victim, or any other family | 981 |
or household member of the alleged victim may be impaired by
the | 982 |
continued presence of the alleged offender, the court may
issue a | 983 |
temporary protection order, as a pretrial condition of
release, | 984 |
that contains terms designed to ensure the safety and
protection | 985 |
of the complainant, alleged victim, or the
family or household | 986 |
member,
including a requirement that the alleged offender refrain | 987 |
from
entering the residence, school, business, or place of | 988 |
employment
of the complainant, alleged victim, or the family or | 989 |
household member.
The court may include within the scope of a | 990 |
protection order issued under this section any companion animal | 991 |
that is in the complainant's or alleged victim's residence. | 992 |
(2)(a) If the court issues a temporary protection order that | 993 |
includes a
requirement that the alleged offender refrain from | 994 |
entering the residence,
school, business, or place of employment | 995 |
of the complainant, the
alleged victim, or the family or
household | 996 |
member, the order shall state clearly that the order cannot be | 997 |
waived or nullified by an invitation to the alleged offender from | 998 |
the
complainant, alleged victim, or family or household
member to | 999 |
enter the residence, school,
business, or place of employment or | 1000 |
by the alleged offender's entry into one
of those places otherwise | 1001 |
upon the consent of the complainant,
alleged victim, or family or | 1002 |
household member. | 1003 |
(b) Division (C)(2)(a) of this section does not limit any | 1004 |
discretion of a
court to determine that an alleged offender | 1005 |
charged with a violation of
section 2919.27 of the Revised Code, | 1006 |
with a violation of a municipal ordinance
substantially equivalent | 1007 |
to that section, or with contempt of court, which
charge is based | 1008 |
on an alleged violation of a temporary protection order issued | 1009 |
under this section, did not commit the violation or was not in | 1010 |
contempt of
court. | 1011 |
(D)(1) Upon the filing of a complaint that alleges
a | 1012 |
violation
of section 2909.06, 2909.07, 2911.12, or
2911.211 of
the | 1013 |
Revised Code if the alleged victim of the violation was a
family | 1014 |
or household
member at the time of the violation, a violation of a | 1015 |
municipal ordinance
that is substantially similar
to any of those | 1016 |
sections if the alleged victim of the violation was a family or | 1017 |
household member at
the time
of the violation, any offense of | 1018 |
violence if the alleged victim of the offense was a family or | 1019 |
household member at the time of the commission of the offense, or | 1020 |
any sexually oriented offense if the alleged victim of the offense | 1021 |
was a family or household member at the time of the commission of | 1022 |
the offense, the court, upon its own
motion, may issue a
temporary | 1023 |
protection order as a pretrial
condition of release if
it finds | 1024 |
that the safety and protection
of the complainant,
alleged victim, | 1025 |
or other family or
household member of the
alleged
offender may be | 1026 |
impaired by the continued presence of the
alleged
offender.
The | 1027 |
court may include within the scope of a protection order issued | 1028 |
under this section any companion animal that is in the | 1029 |
complainant's or alleged victim's residence. | 1030 |
(2) If the court issues a temporary protection order under | 1031 |
this section as an ex parte order, it shall conduct, as soon as | 1032 |
possible after the issuance of the order, a hearing in the | 1033 |
presence of the
alleged offender not later than the next day on | 1034 |
which the court is scheduled
to conduct business after the day on | 1035 |
which the alleged offender was arrested
or at the time of the | 1036 |
appearance of the alleged offender pursuant to summons
to | 1037 |
determine whether the order should remain in effect, be modified, | 1038 |
or be
revoked. The hearing shall be conducted under the standards | 1039 |
set
forth in division (C) of this section. | 1040 |
(4) If a municipal court or a county
court issues a
temporary | 1044 |
protection order under this section and
if, subsequent
to the | 1045 |
issuance of the order, the alleged
offender who is the
subject of | 1046 |
the order is bound over to the
court of common pleas
for | 1047 |
prosecution of a felony arising out of
the same activities as | 1048 |
those that were the basis of the
complaint upon which the order is | 1049 |
based, notwithstanding the
fact that the order was issued by a | 1050 |
municipal court or county
court, the order shall remain in effect, | 1051 |
as though it were an order of the
court of common pleas, while the | 1052 |
charges
against the alleged offender are pending in the court of | 1053 |
common
pleas, for the period of time described in division
(E)(2) | 1054 |
of this section, and the court of common pleas has exclusive | 1055 |
jurisdiction to modify the order issued by the municipal court or | 1056 |
county
court.
This
division applies when the alleged offender is | 1057 |
bound over to the
court of common pleas as a result of the person | 1058 |
waiving a
preliminary hearing on the felony charge, as a result of | 1059 |
the
municipal court or county court having determined at a | 1060 |
preliminary hearing that there is probable cause to believe that | 1061 |
the felony has been committed and that the alleged offender | 1062 |
committed it, as a result of the alleged offender having been | 1063 |
indicted for the felony, or in any other manner. | 1064 |
(G)(1) A copy of any temporary protection order that is | 1090 |
issued under this section shall be issued by the court to the | 1091 |
complainant, to the alleged victim, to the person who requested | 1092 |
the
order, to the defendant, and to all law enforcement
agencies | 1093 |
that have jurisdiction to enforce the order. The court
shall | 1094 |
direct that a copy of the order be delivered to the
defendant on | 1095 |
the same day that the order is entered. If a municipal court
or a | 1096 |
county court issues a temporary
protection order under this | 1097 |
section and if, subsequent to the
issuance of the order, the | 1098 |
defendant who is the subject of the
order is bound over to the | 1099 |
court of common pleas for prosecution
as described in division | 1100 |
(D)(4)
of this section, the municipal court or county court shall | 1101 |
direct that a copy of the order be delivered to the court of | 1102 |
common pleas to which the defendant is bound over. | 1103 |
If you are convicted of a misdemeanor crime involving | 1108 |
violence in which you are or were a spouse, intimate partner, | 1109 |
parent, or guardian of the victim or are or were involved in | 1110 |
another, similar relationship with the victim, it may be unlawful | 1111 |
for you to possess or purchase a firearm, including a rifle, | 1112 |
pistol, or revolver, or ammunition pursuant to federal law under | 1113 |
18 U.S.C. 922(g)(9). If you have any questions whether this law | 1114 |
makes it illegal for you to possess or purchase a firearm or | 1115 |
ammunition, you should consult an attorney." | 1116 |
(4) A complainant, alleged victim, or other person who | 1123 |
obtains
a temporary protection
order under this section may | 1124 |
provide notice of the issuance of
the temporary protection order | 1125 |
to the judicial and law
enforcement officials in any county other | 1126 |
than the county in
which the order is issued by registering that | 1127 |
order in the other
county in accordance with division (N) of | 1128 |
section 3113.31
of the Revised Code and filing a copy of the | 1129 |
registered protection order with a law enforcement agency in the | 1130 |
other county in accordance with that division. | 1131 |
(2) If a complaint is filed that alleges that a person | 1146 |
committed a violation, offense of violence, or sexually oriented | 1147 |
offense of the type described in division
(A) of
this section, the | 1148 |
court may not issue a temporary
protection order
under this | 1149 |
section that requires the complainant,
the alleged
victim,
or | 1150 |
another family or household member of the defendant to
do or | 1151 |
refrain from doing an act that the court may require the
defendant | 1152 |
to do or refrain from doing under a temporary
protection
order | 1153 |
unless both of the following apply: | 1154 |
(b) The court determines that both the
complainant, alleged | 1160 |
victim, or other family or household
member
in question who
would | 1161 |
be required under the order to do or refrain from doing the
act | 1162 |
and the defendant acted primarily as aggressors, that neither
the | 1163 |
complainant, alleged victim, or other family or
household member | 1164 |
in question
who would be required under the order to do or refrain | 1165 |
from doing
the act nor the defendant acted primarily in | 1166 |
self-defense, and,
in accordance with the standards and criteria | 1167 |
of this section as
applied in relation to the separate complaint | 1168 |
filed by the
defendant, that it should issue the order to require | 1169 |
the
complainant, alleged victim, or other family or household | 1170 |
member in question to do
or refrain from doing the act. | 1171 |
(J) Notwithstanding any provision of law to the
contrary
and | 1172 |
regardless of whether a protection order is issued or a consent | 1173 |
agreement is approved by a court of
another county or a court of | 1174 |
another state, no
court
or unit of state or local government shall | 1175 |
charge
any fee, cost, deposit, or money in connection with
the | 1176 |
filing of a motion
pursuant to
this section, in connection
with | 1177 |
the filing, issuance,
registration, or service of a
protection | 1178 |
order or consent agreement, or for obtaining a
certified copy of a | 1179 |
protection order or consent agreement. | 1180 |
(D)(1) If a person who files a petition pursuant to this | 1245 |
section requests an ex parte order, the court shall hold an ex | 1246 |
parte hearing on the same day that the petition is filed. The | 1247 |
court, for good cause shown at the ex parte hearing, may enter
any | 1248 |
temporary orders, with or without bond, including, but not
limited | 1249 |
to, an order described in division (E)(1)(a), (b), or (c)
of this | 1250 |
section, that the court finds necessary to protect the
family or | 1251 |
household member from domestic violence. Immediate and
present | 1252 |
danger of domestic violence to the family or household
member
| 1253 |
constitutes good cause for purposes of this section.
Immediate and | 1254 |
present danger includes, but is not limited to,
situations in | 1255 |
which the respondent has threatened the family or
household member | 1256 |
with bodily harm, in which the respondent has threatened the | 1257 |
family or household member with a sexually oriented offense, or in | 1258 |
which the respondent
previously has been
convicted of or pleaded | 1259 |
guilty to an
offense that constitutes
domestic violence against | 1260 |
the family or
household member. | 1261 |
(2)(a) If the court, after an ex parte hearing, issues an | 1262 |
order
described in division (E)(1)(b) or (c) of this section, the | 1263 |
court
shall schedule a full hearing for a date that is within | 1264 |
seven
court days after the ex parte hearing. If any other type of | 1265 |
protection order that is authorized under division (E) of this | 1266 |
section is issued by the court after an ex parte hearing, the | 1267 |
court shall
schedule a full hearing for a date that is within ten | 1268 |
court days after the ex parte hearing. The court shall give the | 1269 |
respondent
notice of, and an
opportunity to be heard at, the full | 1270 |
hearing. The court shall hold the
full hearing on the date | 1271 |
scheduled under this division unless the court grants
a | 1272 |
continuance of the hearing in accordance with this division.
Under | 1273 |
any of
the following circumstances or for any of the
following | 1274 |
reasons, the court may
grant a continuance of the full
hearing to | 1275 |
a reasonable time determined by the
court: | 1276 |
(b) Grant possession of the residence or household to the | 1302 |
petitioner or other family or household member, to the exclusion | 1303 |
of the respondent, by evicting the respondent, when the residence | 1304 |
or household is owned or leased solely by the petitioner or other | 1305 |
family or household member, or by ordering the respondent to | 1306 |
vacate the premises, when the residence or household is jointly | 1307 |
owned or leased by the respondent, and the petitioner or other | 1308 |
family or household member; | 1309 |
(c) When the respondent has a duty to support the
petitioner | 1310 |
or other family or household member living in the
residence or | 1311 |
household and the respondent is the sole owner or
lessee of the | 1312 |
residence or household, grant possession of the
residence or | 1313 |
household to the petitioner or other family or
household member, | 1314 |
to the exclusion of the respondent, by ordering
the respondent to | 1315 |
vacate the premises, or, in the case of a
consent agreement, allow | 1316 |
the respondent to provide suitable,
alternative housing; | 1317 |
(2) If a protection order has been issued pursuant to this | 1337 |
section in a prior action involving the respondent and the | 1338 |
petitioner or one or more of the family or household members or | 1339 |
victims, the
court may include in a protection order that it | 1340 |
issues a
prohibition against the respondent returning to the | 1341 |
residence or
household. If it includes a prohibition against the | 1342 |
respondent
returning to the residence or household
in the order, | 1343 |
it also
shall include in the order provisions
of the type | 1344 |
described in
division
(E)(7) of this section. This
division does | 1345 |
not preclude
the court from including in a
protection order or | 1346 |
consent
agreement, in circumstances other
than those described in | 1347 |
this
division, a requirement that the
respondent be evicted from | 1348 |
or
vacate the residence or household
or refrain from entering the | 1349 |
residence, school, business, or
place of employment of the | 1350 |
petitioner or a family or household
member, and, if the court | 1351 |
includes any requirement of that type in an order
or agreement, | 1352 |
the court also shall include in the order
provisions of the type | 1353 |
described in division
(E)(7) of this section. | 1354 |
(b) Subject to the limitation on the duration of an order or | 1360 |
agreement set
forth in division (E)(3)(a) of this section, any | 1361 |
order under
division (E)(1)(d) of this section shall terminate on | 1362 |
the date that a court in
an action for divorce,
dissolution of | 1363 |
marriage, or legal separation brought by the petitioner or | 1364 |
respondent issues an order allocating parental rights and | 1365 |
responsibilities for
the care of children or on the date that a | 1366 |
juvenile court in an action brought
by the petitioner or | 1367 |
respondent issues an order awarding legal custody of
minor | 1368 |
children. Subject to the limitation on the duration of an order
or | 1369 |
agreement set forth in division (E)(3)(a) of this section, any | 1370 |
order under
division (E)(1)(e) of this section shall terminate on | 1371 |
the date that a court in
an action for divorce, dissolution of | 1372 |
marriage, or legal separation brought by
the petitioner or | 1373 |
respondent issues a support order or on the date that a
juvenile | 1374 |
court in an action brought by the petitioner or respondent issues | 1375 |
a
support order. | 1376 |
(d) After a full hearing at which the respondent presents | 1396 |
evidence in support
of the request for a protection order and the | 1397 |
petitioner is afforded an
opportunity to defend against that | 1398 |
evidence, the court determines that the
petitioner has committed | 1399 |
an act of domestic violence or has violated a
temporary protection | 1400 |
order issued pursuant to section 2919.26 of the Revised
Code, that | 1401 |
both the petitioner and the respondent acted primarily as | 1402 |
aggressors, and that neither the petitioner nor the respondent | 1403 |
acted primarily
in self-defense. | 1404 |
(6)(a) If a petitioner, or the child of a petitioner, who | 1408 |
obtains a
protection order or consent agreement pursuant to | 1409 |
division (E)(1) of this
section or a temporary protection order | 1410 |
pursuant to section
2919.26 of the Revised Code and is the subject | 1411 |
of a parenting time order
issued pursuant to section 3109.051 or | 1412 |
3109.12 of the Revised Code or a visitation or
companionship order | 1413 |
issued pursuant to section 3109.051,
3109.11, or 3109.12 of the | 1414 |
Revised Code or division (E)(1)(d) of this section
granting | 1415 |
parenting time rights to
the respondent, the court
may require the | 1416 |
public children services agency of the county in which the
court | 1417 |
is located to provide supervision of the respondent's exercise of | 1418 |
parenting time or visitation or companionship rights with respect | 1419 |
to
the child for a period not
to exceed nine months, if the court | 1420 |
makes the following findings
of fact: | 1421 |
(7)(a) If a protection order issued or consent agreement | 1430 |
approved
under this section includes a requirement that the | 1431 |
respondent be
evicted from or vacate the residence or household or | 1432 |
refrain
from entering the residence, school, business, or place of | 1433 |
employment of the petitioner or a family or household member, the | 1434 |
order or agreement shall state clearly that the order or
agreement | 1435 |
cannot be waived or nullified by an invitation to the
respondent | 1436 |
from the petitioner or other family or household
member to enter | 1437 |
the residence, school, business, or place of
employment or by the | 1438 |
respondent's entry into one of those places
otherwise upon the | 1439 |
consent of the petitioner or other family or
household member. | 1440 |
(b) Division (E)(7)(a) of this section
does not limit any | 1441 |
discretion of a court to
determine that a respondent charged with | 1442 |
a violation of
section 2919.27 of the Revised Code, with a | 1443 |
violation of a
municipal ordinance substantially equivalent to | 1444 |
that section, or
with contempt of court, which charge is based on | 1445 |
an alleged
violation of a protection order issued or consent | 1446 |
agreement approved under
this section, did not commit the | 1447 |
violation or was not in contempt of
court. | 1448 |
(b) Either the petitioner or the respondent of the original | 1456 |
protection order or consent agreement may bring a motion for | 1457 |
modification or termination of a protection order or consent | 1458 |
agreement that was issued or approved after a full hearing. The | 1459 |
court shall require notice of the motion to be made as provided by | 1460 |
the Rules of Civil Procedure. If the petitioner for the original | 1461 |
protection order or consent agreement has requested that the | 1462 |
petitioner's address be kept confidential, the court shall not | 1463 |
disclose the address to the respondent of the original protection | 1464 |
order or consent agreement or any other person, except as | 1465 |
otherwise required by law. The moving party has the burden of | 1466 |
proof to show, by a preponderance of the evidence, that | 1467 |
modification or termination of the protection order or consent | 1468 |
agreement is appropriate because either the protection order or | 1469 |
consent agreement is no longer needed or because the terms of the | 1470 |
original protection order or consent agreement are no longer | 1471 |
appropriate. | 1472 |
(d) If a protection order or consent agreement is modified or | 1509 |
terminated as provided in division (E)(8) of this section, the | 1510 |
court shall issue copies of the modified or terminated order or | 1511 |
agreement as provided in division (F) of this section. A | 1512 |
petitioner may also provide notice of the modification or | 1513 |
termination to the judicial and law enforcement officials in any | 1514 |
county other than the county in which the order or agreement is | 1515 |
modified or terminated as provided in division (N) of this | 1516 |
section. | 1517 |
(F)(1) A copy of any protection order, or consent
agreement, | 1525 |
that is issued, approved, modified, or terminated under this | 1526 |
section shall be
issued by
the court to the petitioner, to the | 1527 |
respondent, and to
all law
enforcement agencies that have | 1528 |
jurisdiction to enforce
the order
or agreement. The court shall | 1529 |
direct that a copy of an
order be
delivered to the respondent on | 1530 |
the same day that the
order is
entered. | 1531 |
As a result of this order or consent agreement, it may be | 1537 |
unlawful for you to possess or purchase a firearm, including a | 1538 |
rifle, pistol, or revolver, or ammunition pursuant to federal law | 1539 |
under 18 U.S.C. 922(g)(8). If you have any questions whether this | 1540 |
law makes it illegal for you to possess or purchase a firearm or | 1541 |
ammunition, you should consult an attorney." | 1542 |
(4) Regardless of whether the petitioner has registered
the | 1549 |
order or
agreement in the county in which the officer's agency | 1550 |
has
jurisdiction
pursuant to division (N) of this section, any | 1551 |
officer
of a law enforcement
agency shall enforce
a protection | 1552 |
order
issued or consent agreement approved by any court in this | 1553 |
state in
accordance with the
provisions of the order or agreement, | 1554 |
including removing the
respondent from the premises, if | 1555 |
appropriate. | 1556 |
(G) Any proceeding under this section shall be conducted
in | 1557 |
accordance with the Rules of Civil Procedure, except that an
order | 1558 |
under this section may be obtained with or without bond.
An order | 1559 |
issued under this section, other than an ex parte order, that | 1560 |
grants a protection order or approves a consent agreement, that | 1561 |
refuses to
grant a protection order or approve a consent
agreement | 1562 |
that modifies or terminates a protection order or consent | 1563 |
agreement, or that refuses to modify or terminate a protection | 1564 |
order or consent agreement, is a final,
appealable order. The | 1565 |
remedies and
procedures provided in this
section are in
addition | 1566 |
to, and not in
lieu of, any other available civil or
criminal | 1567 |
remedies. | 1568 |
(H) The filing of proceedings under this section does not | 1569 |
excuse a person from filing any report or giving any notice | 1570 |
required by section 2151.421 of the Revised Code or by any other | 1571 |
law. When a petition under this section alleges domestic
violence | 1572 |
against minor children, the court shall report the fact,
or cause | 1573 |
reports to be made, to a county, township, or municipal
peace | 1574 |
officer under section 2151.421 of the Revised Code. | 1575 |
(J) Notwithstanding any provision of law to the contrary
and | 1580 |
regardless of whether a protection order is
issued or a consent | 1581 |
agreement is approved by a court of another county or a court of | 1582 |
another state,
no
court
or unit of state or local government shall | 1583 |
charge
any fee, cost, deposit, or money in connection with
the | 1584 |
filing of a
petition pursuant
to this section
or in connection | 1585 |
with the
filing, issuance, registration, or service of a | 1586 |
protection order
or consent agreement, or for obtaining a | 1587 |
certified copy of a
protection order or consent agreement. | 1588 |
(2) If any person required to pay child support under an | 1592 |
order
made under this section on or after April 15, 1985, or | 1593 |
modified
under this section on or after December 31, 1986, is | 1594 |
found in
contempt of court for failure to make support payments | 1595 |
under the
order, the court that makes the finding, in addition to | 1596 |
any other
penalty or remedy imposed, shall assess all court costs | 1597 |
arising
out of the contempt proceeding against the person and | 1598 |
require the
person to pay any reasonable attorney's fees of any | 1599 |
adverse
party, as determined by the court, that arose in relation | 1600 |
to the
act of contempt. | 1601 |
(2) The punishment of a person for contempt of court for | 1609 |
violation of a protection order issued or a consent agreement | 1610 |
approved under this section does not bar criminal prosecution of | 1611 |
the person for a violation of section 2919.27 of the Revised
Code. | 1612 |
However, a person punished for contempt of court is
entitled to | 1613 |
credit for the punishment imposed upon conviction of
a violation | 1614 |
of that section, and a person convicted of a
violation of that | 1615 |
section shall not subsequently be punished for
contempt of court | 1616 |
arising out of the same activity. | 1617 |
(N)(1) A petitioner who obtains a protection order or
consent | 1620 |
agreement under
this section or a temporary protection
order under | 1621 |
section 2919.26 of the
Revised Code may provide notice
of the | 1622 |
issuance or approval of the order or
agreement to the
judicial and | 1623 |
law enforcement officials in any county other
than
the county in | 1624 |
which the order is issued or the agreement is
approved by | 1625 |
registering that order or agreement in the other
county pursuant | 1626 |
to division
(N)(2) of this section and filing a
copy of the | 1627 |
registered order or registered
agreement with a law
enforcement | 1628 |
agency in the other county in accordance with
that
division. A | 1629 |
person who obtains a protection order issued by a
court
of another | 1630 |
state may provide notice of the issuance of the
order to the | 1631 |
judicial and law enforcement officials in any county
of this state | 1632 |
by
registering the order in that county pursuant to
section | 1633 |
2919.272 of the
Revised Code and filing a copy of the
registered | 1634 |
order with a law enforcement
agency in that county. | 1635 |
Sec. 4732.141. (A)(1) On
or before
the
thirty-first day of | 1664 |
August of each
even-numbered year
beginning in 1998 and until the | 1665 |
requirement
set forth
in division (A)(2) of this section applies, | 1666 |
each person
licensed
under this
chapter by the
state board of | 1667 |
psychology shall have
completed, in the preceding
two-year period, | 1668 |
not less than twenty
hours of continuing education in
psychology | 1669 |
or the number of
hours
determined under division
(D) of this | 1670 |
section. | 1671 |
(2)
On or before the thirty-first day of August of each | 1672 |
even-numbered year after the biennium in which this amendment | 1673 |
takes effect,
each person licensed under this chapter by the state | 1674 |
board of psychology shall
have completed, in the preceding | 1675 |
two-year period, not less than twenty-three
hours of continuing | 1676 |
education in psychology, including not less
than three hours of | 1677 |
continuing education in professional conduct and ethics,
or
the | 1678 |
number of hours determined under division (D) of this section. | 1679 |
(3) Each person
subject to division (A)(1)
or (2) of this | 1680 |
section shall certify to the board, at the time of
biennial | 1681 |
registration pursuant to section 4732.14 of the Revised
Code and | 1682 |
on the registration form prescribed by the board
under that | 1683 |
section, that in the preceding two years the person has
completed | 1684 |
continuing psychology education in compliance with this section.
| 1685 |
The board shall adopt rules establishing the procedure for a | 1686 |
person to certify
to the board and for properly recording with the | 1687 |
Ohio psychological
association or the state board of education | 1688 |
completion of the continuing
education. | 1689 |
(1) It is obtained through
a program or course approved by | 1693 |
the state board of psychology, the
Ohio psychological association, | 1694 |
the Ohio association of black
psychologists, or the American | 1695 |
psychological association or, in
the case of a licensed school | 1696 |
psychologist or
a licensed psychologist with a school psychology | 1697 |
specialty, by the state
board
of education, the Ohio school | 1698 |
psychologists association, or the
national association of school | 1699 |
psychologists; | 1700 |
The state board of psychology may disapprove any program or | 1705 |
course that has
been approved by the Ohio psychological | 1706 |
association,
Ohio association of black
psychologists, American | 1707 |
psychological association, state board of
education,
Ohio school | 1708 |
psychologists association, or national association of
school | 1709 |
psychologists. Such program or course may not be applied to meet | 1710 |
the
requirement of division
(A) of this section. | 1711 |
(C) Each person licensed under this
chapter shall be given a | 1712 |
sufficient choice of continuing
education programs or
courses in | 1713 |
psychology,
including programs or courses on professional
conduct | 1714 |
and ethics when required under division (A)(2) of this
section, to | 1715 |
ensure that the person has had a reasonable
opportunity to | 1716 |
participate in programs or courses that are relevant to the | 1717 |
person's
practice in terms
of subject matter and level. | 1718 |
(E) Each person licensed under this
chapter shall retain in | 1722 |
the person's records for at least three years the
receipts, | 1723 |
vouchers, or certificates necessary to document
completion of | 1724 |
continuing psychology education. Proof of continuing psychology | 1725 |
education recorded with the Ohio psychological association or the | 1726 |
state board of education in accordance with the procedures | 1727 |
established
pursuant to division (A) of this section shall serve | 1728 |
as sufficient
documentation of completion. With cause, the board | 1729 |
may request the
documentation from the person. The board also may | 1730 |
request
the documentation
from persons licensed under this chapter | 1731 |
selected at random, without cause.
The board may review any | 1732 |
continuing psychology education records recorded by
the Ohio | 1733 |
psychological association or the state board of education. | 1734 |
Sec. 4757.33. (A) Except as provided in division (B) of
this | 1747 |
section, each person who holds a license or certificate of | 1748 |
registration
issued under this chapter shall complete during the | 1749 |
period that the license or
certificate is in effect not less than | 1750 |
thirty clock hours of continuing
professional education as a | 1751 |
condition of receiving a renewed license or
certificate. To have
a | 1752 |
lapsed license or certificate of registration
restored, a person | 1753 |
shall complete the number of hours of continuing education | 1754 |
specified by the counselor, social worker,
and
marriage and
family | 1755 |
therapist board in rules it shall adopt in
accordance with
Chapter | 1756 |
119. of the Revised Code. | 1757 |
In the case of a social worker licensed by virtue of | 1768 |
receiving, prior to
October 10, 1992, a baccalaureate degree in a | 1769 |
program closely related
to social work, as a condition of the | 1770 |
first renewal of the license, the social
worker mustshall | 1771 |
complete at
an accredited educational institution a minimum of | 1772 |
five semester
hours of social work graduate or undergraduate | 1773 |
credit, or their
equivalent, that is acceptable to the committee | 1774 |
and includes a
course in
social work theory and a course in social | 1775 |
work methods. | 1776 |