As Reported by the House Criminal Justice Committee

128th General Assembly
Regular Session
2009-2010
Am. H. B. No. 55


Representatives Williams, B., Combs 

Cosponsors: Representatives Bolon, Book, Boyd, Chandler, Domenick, Evans, Fende, Foley, Gerberry, Hagan, Harris, Letson, Skindell, Slesnick, Williams, S., Winburn, Yuko 

A BILL
To amend sections 959.99, 2152.19, 2903.213, 1
2903.214, 2919.26, 3113.31, 4732.141, and 4757.33 2
and to enact section 4731.284 of the Revised Code 3
to revise the penalties and sentencing provisions 4
regarding violations of the cruelty to animals 5
statutes and to include the protection of 6
companion animals in temporary protection orders, 7
domestic violence protection orders, anti-stalking 8
protection orders, and related protection orders.9


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

       Section 1. That sections 959.99, 2152.19, 2903.213, 2903.214, 10
2919.26, 3113.31, 4732.141, and 4757.33 be amended and section 11
4731.284 of the Revised Code be enacted to read as follows:12

       Sec. 959.99.  (A) Whoever violates section 959.18 or 959.19 13
of the Revised Code is guilty of a minor misdemeanor.14

       (B) Except as otherwise provided in this division, whoever 15
violates section 959.02 of the Revised Code is guilty of a 16
misdemeanor of the second degree. If the value of the animal 17
killed or the injury done amounts to three hundred dollars or 18
more, whoever violates section 959.02 of the Revised Code is 19
guilty of a misdemeanor of the first degree.20

       (C) Whoever violates section 959.03, 959.06, 959.12, 959.15, 21
or 959.17 of the Revised Code is guilty of a misdemeanor of the 22
fourth degree.23

       (D) Whoever violates division (A) of section 959.13 of the 24
Revised Code is guilty of a misdemeanor of the second degree on a 25
first offense and a misdemeanor of the first degree on each 26
subsequent offense. In addition, the court may order the offender 27
to forfeit the animal or livestock and may provide for its 28
disposition, including, but not limited to, the sale of the animal 29
or livestock. If an animal or livestock is forfeited and sold 30
pursuant to this division, the proceeds from the sale first shall 31
be applied to pay the expenses incurred with regard to the care of 32
the animal from the time it was taken from the custody of the 33
former owner. The balance of the proceeds from the sale, if any, 34
shall be paid to the former owner of the animal.35

       (E)(1)(a) Whoever violates division (B) of section 959.131 of 36
the Revised Code is guilty of a misdemeanor of the first degree on 37
a first offense and a felony of the fifth degree on each 38
subsequent offense. In addition to any other sanction imposed for 39
a felony violation of division (B) of section 959.131 of the 40
Revised Code if the offender is not already undergoing counseling 41
pursuant to division (E)(4) of this section, a court shall impose 42
a term of basic probation supervision or a term of intensive 43
probation supervision.44

        (b) As used in division (E)(1)(a) of this section, "basic 45
probation supervision" and "intensive probation supervision" have 46
the same meanings as in section 2929.01 of the Revised Code.47

       (2) Whoever violates section 959.01 of the Revised Code or 48
division (C) of section 959.131 of the Revised Code is guilty of a 49
misdemeanor of the second degree on a first offense and a 50
misdemeanor of the first degree on each subsequent offense.51

       (3)(a) A court may order a person who is convicted of or 52
pleads guilty to a violation of section 959.131 of the Revised 53
Code to forfeit to an impounding agency, as defined in section 54
959.132 of the Revised Code, any or all of the companion animals 55
in that person's ownership or care. The court also may prohibit or 56
place limitations on the person's ability to own or care for any 57
companion animals for a specified or indefinite period of time.58

       (b) A court may order a person who is convicted of or pleads 59
guilty to a violation of section 959.131 of the Revised Code to 60
reimburse an impounding agency for the reasonably necessary costs 61
incurred by the agency for the care of a companion animal that the 62
agency impounded as a result of the investigation or prosecution 63
of the violation, provided that the costs were not otherwise paid 64
under section 959.132 of the Revised Code.65

       (4) If(a) Except as otherwise provided in division (E)(4)(b) 66
of this section, if a court has reason to believe that a person 67
who is convicted of or pleads guilty to a violation of section 68
959.131 of the Revised Code suffers from a mental or emotional 69
disorder that contributed to the violation, the court may impose 70
as a community control sanction or as a condition of probation a 71
requirement that the offender undergo psychological evaluation or 72
counseling. The court shall order the offender to pay the costs of 73
the evaluation or counseling.74

       (b) The court shall require a child under eighteen years of 75
age who is adjudicated a delinquent child under Chapter 2152. of 76
the Revised Code for a violation of division (B) of section 77
959.131 of the Revised Code to undergo psychological evaluation 78
and, if the evaluation determines that it is appropriate, to 79
undergo counseling in accordance with division (F) of section 80
2152.19 of the Revised Code.81

       (F) Whoever violates section 959.14 of the Revised Code is 82
guilty of a misdemeanor of the second degree on a first offense 83
and a misdemeanor of the first degree on each subsequent offense.84

       (G) Whoever violates section 959.05 or 959.20 of the Revised 85
Code is guilty of a misdemeanor of the first degree.86

       (H) Whoever violates section 959.16 of the Revised Code is 87
guilty of a felony of the fourth degree foron a first offense and 88
a felony of the third degree on each subsequent offense.89

       Sec. 2152.19.  (A) If a child is adjudicated a delinquent 90
child, the court may make any of the following orders of 91
disposition, in addition to any other disposition authorized or 92
required by this chapter:93

       (1) Any order that is authorized by section 2151.353 of the 94
Revised Code for the care and protection of an abused, neglected, 95
or dependent child;96

       (2) Commit the child to the temporary custody of any school, 97
camp, institution, or other facility operated for the care of 98
delinquent children by the county, by a district organized under 99
section 2152.41 or 2151.65 or 2152.41 of the Revised Code, or by a 100
private agency or organization, within or without the state, that 101
is authorized and qualified to provide the care, treatment, or 102
placement required, including, but not limited to, a school, camp, 103
or facility operated under section 2151.65 of the Revised Code;104

       (3) Place the child in a detention facility or district 105
detention facility operated under section 2152.41 of the Revised 106
Code, for up to ninety days;107

       (4) Place the child on community control under any sanctions, 108
services, and conditions that the court prescribes. As a condition 109
of community control in every case and in addition to any other 110
condition that it imposes upon the child, the court shall require 111
the child to abide by the law during the period of community 112
control. As referred to in this division, community control 113
includes, but is not limited to, the following sanctions and 114
conditions:115

       (a) A period of basic probation supervision in which the 116
child is required to maintain contact with a person appointed to 117
supervise the child in accordance with sanctions imposed by the 118
court;119

       (b) A period of intensive probation supervision in which the 120
child is required to maintain frequent contact with a person 121
appointed by the court to supervise the child while the child is 122
seeking or maintaining employment and participating in training, 123
education, and treatment programs as the order of disposition;124

       (c) A period of day reporting in which the child is required 125
each day to report to and leave a center or another approved 126
reporting location at specified times in order to participate in 127
work, education or training, treatment, and other approved 128
programs at the center or outside the center;129

       (d) A period of community service of up to five hundred hours 130
for an act that would be a felony or a misdemeanor of the first 131
degree if committed by an adult, up to two hundred hours for an 132
act that would be a misdemeanor of the second, third, or fourth 133
degree if committed by an adult, or up to thirty hours for an act 134
that would be a minor misdemeanor if committed by an adult;135

       (e) A requirement that the child obtain a high school 136
diploma, a certificate of high school equivalence, vocational 137
training, or employment;138

       (f) A period of drug and alcohol use monitoring;139

       (g) A requirement of alcohol or drug assessment or 140
counseling, or a period in an alcohol or drug treatment program 141
with a level of security for the child as determined necessary by 142
the court;143

       (h) A period in which the court orders the child to observe a 144
curfew that may involve daytime or evening hours;145

       (i) A requirement that the child serve monitored time;146

       (j) A period of house arrest without electronic monitoring or 147
continuous alcohol monitoring;148

       (k) A period of electronic monitoring or continuous alcohol 149
monitoring without house arrest, or house arrest with electronic 150
monitoring or continuous alcohol monitoring or both electronic 151
monitoring and continuous alcohol monitoring, that does not exceed 152
the maximum sentence of imprisonment that could be imposed upon an 153
adult who commits the same act.154

       A period of house arrest with electronic monitoring or 155
continuous alcohol monitoring or both electronic monitoring and 156
continuous alcohol monitoring, imposed under this division shall 157
not extend beyond the child's twenty-first birthday. If a court 158
imposes a period of house arrest with electronic monitoring or 159
continuous alcohol monitoring or both electronic monitoring and 160
continuous alcohol monitoring, upon a child under this division, 161
it shall require the child: to remain in the child's home or other 162
specified premises for the entire period of house arrest with 163
electronic monitoring or continuous alcohol monitoring or both 164
except when the court permits the child to leave those premises to 165
go to school or to other specified premises. Regarding electronic 166
monitoring, the court also shall require the child to be monitored 167
by a central system that can determine the child's location at 168
designated times; to report periodically to a person designated by 169
the court; and to enter into a written contract with the court 170
agreeing to comply with all requirements imposed by the court, 171
agreeing to pay any fee imposed by the court for the costs of the 172
house arrest with electronic monitoring, and agreeing to waive the 173
right to receive credit for any time served on house arrest with 174
electronic monitoring toward the period of any other dispositional 175
order imposed upon the child if the child violates any of the 176
requirements of the dispositional order of house arrest with 177
electronic monitoring. The court also may impose other reasonable 178
requirements upon the child.179

       Unless ordered by the court, a child shall not receive credit 180
for any time served on house arrest with electronic monitoring or 181
continuous alcohol monitoring or both toward any other 182
dispositional order imposed upon the child for the act for which 183
was imposed the dispositional order of house arrest with 184
electronic monitoring or continuous alcohol monitoring. As used in 185
this division and division (A)(4)(l)(j) of this section, 186
"continuous alcohol monitoring" has the same meaning as in section 187
2929.01 of the Revised Code.188

       (l) A suspension of the driver's license, probationary 189
driver's license, or temporary instruction permit issued to the 190
child for a period of time prescribed by the court, or a 191
suspension of the registration of all motor vehicles registered in 192
the name of the child for a period of time prescribed by the 193
court. A child whose license or permit is so suspended is 194
ineligible for issuance of a license or permit during the period 195
of suspension. At the end of the period of suspension, the child 196
shall not be reissued a license or permit until the child has paid 197
any applicable reinstatement fee and complied with all 198
requirements governing license reinstatement.199

       (5) Commit the child to the custody of the court;200

       (6) Require the child to not be absent without legitimate 201
excuse from the public school the child is supposed to attend for 202
five or more consecutive days, seven or more school days in one 203
school month, or twelve or more school days in a school year;204

       (7)(a) If a child is adjudicated a delinquent child for being 205
a chronic truant or a habitual truant who previously has been 206
adjudicated an unruly child for being a habitual truant, do either 207
or both of the following:208

       (i) Require the child to participate in a truancy prevention 209
mediation program;210

       (ii) Make any order of disposition as authorized by this 211
section, except that the court shall not commit the child to a 212
facility described in division (A)(2) or (3) of this section 213
unless the court determines that the child violated a lawful court 214
order made pursuant to division (C)(1)(e) of section 2151.354 of 215
the Revised Code or division (A)(6) of this section.216

       (b) If a child is adjudicated a delinquent child for being a 217
chronic truant or a habitual truant who previously has been 218
adjudicated an unruly child for being a habitual truant and the 219
court determines that the parent, guardian, or other person having 220
care of the child has failed to cause the child's attendance at 221
school in violation of section 3321.38 of the Revised Code, do 222
either or both of the following:223

       (i) Require the parent, guardian, or other person having care 224
of the child to participate in a truancy prevention mediation 225
program;226

       (ii) Require the parent, guardian, or other person having 227
care of the child to participate in any community service program, 228
preferably a community service program that requires the 229
involvement of the parent, guardian, or other person having care 230
of the child in the school attended by the child.231

       (8) Make any further disposition that the court finds proper, 232
except that the child shall not be placed in any of the following:233

       (a) A state correctional institution, a county, multicounty, 234
or municipal jail or workhouse, or another place in which an adult 235
convicted of a crime, under arrest, or charged with a crime is 236
held;237

       (b) A community corrections facility, if the child would be 238
covered by the definition of public safety beds for purposes of 239
sections 5139.41 to 5139.43 of the Revised Code if the court 240
exercised its authority to commit the child to the legal custody 241
of the department of youth services for institutionalization or 242
institutionalization in a secure facility pursuant to this 243
chapter.244

       (B) If a child is adjudicated a delinquent child, in addition 245
to any order of disposition made under division (A) of this 246
section, the court, in the following situations and for the 247
specified periods of time, shall suspend the child's temporary 248
instruction permit, restricted license, probationary driver's 249
license, or nonresident operating privilege, or suspend the 250
child's ability to obtain such a permit:251

       (1) If the child is adjudicated a delinquent child for 252
violating section 2923.122 of the Revised Code, impose a class 253
four suspension of the child's license, permit, or privilege from 254
the range specified in division (A)(4) of section 4510.02 of the 255
Revised Code or deny the child the issuance of a license or permit 256
in accordance with division (F)(1) of section 2923.122 of the 257
Revised Code.258

       (2) If the child is adjudicated a delinquent child for 259
committing an act that if committed by an adult would be a drug 260
abuse offense or for violating division (B) of section 2917.11 of 261
the Revised Code, suspend the child's license, permit, or 262
privilege for a period of time prescribed by the court. The court, 263
in its discretion, may terminate the suspension if the child 264
attends and satisfactorily completes a drug abuse or alcohol abuse 265
education, intervention, or treatment program specified by the 266
court. During the time the child is attending a program described 267
in this division, the court shall retain the child's temporary 268
instruction permit, probationary driver's license, or driver's 269
license, and the court shall return the permit or license if it 270
terminates the suspension as described in this division.271

       (C) The court may establish a victim-offender mediation 272
program in which victims and their offenders meet to discuss the 273
offense and suggest possible restitution. If the court obtains the 274
assent of the victim of the delinquent act committed by the child, 275
the court may require the child to participate in the program.276

       (D)(1) If a child is adjudicated a delinquent child for 277
committing an act that would be a felony if committed by an adult 278
and if the child caused, attempted to cause, threatened to cause, 279
or created a risk of physical harm to the victim of the act, the 280
court, prior to issuing an order of disposition under this 281
section, shall order the preparation of a victim impact statement 282
by the probation department of the county in which the victim of 283
the act resides, by the court's own probation department, or by a 284
victim assistance program that is operated by the state, a county, 285
a municipal corporation, or another governmental entity. The court 286
shall consider the victim impact statement in determining the 287
order of disposition to issue for the child.288

       (2) Each victim impact statement shall identify the victim of 289
the act for which the child was adjudicated a delinquent child, 290
itemize any economic loss suffered by the victim as a result of 291
the act, identify any physical injury suffered by the victim as a 292
result of the act and the seriousness and permanence of the 293
injury, identify any change in the victim's personal welfare or 294
familial relationships as a result of the act and any 295
psychological impact experienced by the victim or the victim's 296
family as a result of the act, and contain any other information 297
related to the impact of the act upon the victim that the court 298
requires.299

       (3) A victim impact statement shall be kept confidential and 300
is not a public record. However, the court may furnish copies of 301
the statement to the department of youth services if the 302
delinquent child is committed to the department or to both the 303
adjudicated delinquent child or the adjudicated delinquent child's 304
counsel and the prosecuting attorney. The copy of a victim impact 305
statement furnished by the court to the department pursuant to 306
this section shall be kept confidential and is not a public 307
record. If an officer is preparing pursuant to section 2947.06 or 308
2951.03 of the Revised Code or Criminal Rule 32.2 a presentence 309
investigation report pertaining to a person, the court shall make 310
available to the officer, for use in preparing the report, a copy 311
of any victim impact statement regarding that person. The copies 312
of a victim impact statement that are made available to the 313
adjudicated delinquent child or the adjudicated delinquent child's 314
counsel and the prosecuting attorney pursuant to this division 315
shall be returned to the court by the person to whom they were 316
made available immediately following the imposition of an order of 317
disposition for the child under this chapter.318

       The copy of a victim impact statement that is made available 319
pursuant to this division to an officer preparing a criminal 320
presentence investigation report shall be returned to the court by 321
the officer immediately following its use in preparing the report.322

       (4) The department of youth services shall work with local 323
probation departments and victim assistance programs to develop a 324
standard victim impact statement.325

       (E) If a child is adjudicated a delinquent child for being a 326
chronic truant or a habitual truant who previously has been 327
adjudicated an unruly child for being a habitual truant and the 328
court determines that the parent, guardian, or other person having 329
care of the child has failed to cause the child's attendance at 330
school in violation of section 3321.38 of the Revised Code, in 331
addition to any order of disposition it makes under this section, 332
the court shall warn the parent, guardian, or other person having 333
care of the child that any subsequent adjudication of the child as 334
an unruly or delinquent child for being a habitual or chronic 335
truant may result in a criminal charge against the parent, 336
guardian, or other person having care of the child for a violation 337
of division (C) of section 2919.21 or section 2919.24 of the 338
Revised Code.339

       (F) If a child under eighteen years of age is adjudicated a 340
delinquent child for a violation of division (B) of section 341
959.131 of the Revised Code, the court, in addition to any other 342
disposition that it makes under this section, shall require the 343
child to undergo a psychological evaluation. The evaluation shall 344
determine if the child needs individual or family counseling and 345
shall make a recommendation as to the frequency and the length of 346
time that the counseling should occur. If individual or family 347
counseling is recommended by the evaluation, the court shall 348
require the counseling to take place and shall establish the 349
frequency and the length of time of the counseling. The court may 350
order the parent, guardian, or other person having care of the 351
child to pay the costs of the evaluation, any counseling, or 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 division375
(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

       (G)(H) If a juvenile court commits a delinquent child to the 389
custody of any person, organization, or entity pursuant to this 390
section and if the delinquent act for which the child is so 391
committed is a sexually oriented offense or is a child-victim 392
oriented offense, the court in the order of disposition shall do 393
one of the following:394

       (1) Require that the child be provided treatment as described 395
in division (A)(2) of section 5139.13 of the Revised Code;396

       (2) Inform the person, organization, or entity that it is the 397
preferred course of action in this state that the child be 398
provided treatment as described in division (A)(2) of section 399
5139.13 of the Revised Code and encourage the person, 400
organization, or entity to provide that treatment.401

       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

       (B) A motion for a protection order under this section shall 420
be prepared on a form that is provided by the clerk of the court, 421
and the form shall be substantially as follows:422

"Motion for Protection Order
423

............................
424

Name and address of court
425

State of Ohio426

v. No. .......... 427

.............................428

Name of Defendant429

(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

.....................................454

Signature of person455

.....................................456

Address of person"457

       (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

       (E) A protection order that is issued as a pretrial condition 534
of release under this section:535

       (1) Is in addition to, but shall not be construed as a part 536
of, any bail set under Criminal Rule 46;537

       (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

       (3) Shall not be construed as a finding that the alleged 547
offender committed the alleged offense and shall not be introduced 548
as evidence of the commission of the offense at the trial of the 549
alleged offender on the complaint upon which the order is based.550

       (F) A person who meets the criteria for bail under Criminal 551
Rule 46 and who, if required to do so pursuant to that rule, 552
executes or posts bond or deposits cash or securities as bail, 553
shall not be held in custody pending a hearing before the court on 554
a motion requesting a protection order under this section.555

       (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

       (2) Upon the issuance of a protection order under this 570
section, the court shall provide the parties to the order with the 571
following notice orally or by form:572

"NOTICE
573

       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

        (3) All law enforcement agencies shall establish and maintain 583
an index for the protection orders delivered to the agencies 584
pursuant to division (G)(1) of this section. With respect to each 585
order delivered, each agency shall note on the index the date and 586
time of the agency's receipt of the order.587

       (4) Regardless of whether the petitioner has registered the 588
protection order in the county in which the officer's agency has 589
jurisdiction, any officer of a law enforcement agency shall 590
enforce a protection order issued pursuant to this section in 591
accordance with the provisions of the order.592

       (H) Upon a violation of a protection order issued pursuant to 593
this section, the court may issue another protection order under 594
this section, as a pretrial condition of release, that modifies 595
the terms of the order that was violated.596

       (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

       (J) As used in this section, "sexually:606

       (1) "Sexually oriented offense" has the same meaning as in 607
section 2950.01 of the Revised Code.608

       (2) "Companion animal" has the same meaning as in section 609
959.131 of the Revised Code.610

       Sec. 2903.214.  (A) As used in this section:611

       (1) "Court" means the court of common pleas of the county in 612
which the person to be protected by the protection order resides.613

       (2) "Victim advocate" means a person who provides support and 614
assistance for a person who files a petition under this section.615

       (3) "Family or household member" has the same meaning as in 616
section 3113.31 of the Revised Code.617

       (4) "Protection order issued by a court of another state" has 618
the same meaning as in section 2919.27 of the Revised Code.619

       (5) "Sexually oriented offense" has the same meaning as in 620
section 2950.01 of the Revised Code.621

       (6) "Electronic monitoring" has the same meaning as in 622
section 2929.01 of the Revised Code.623

       (7) "Companion animal" has the same meaning as in section 624
959.131 of the Revised Code.625

       (B) The court has jurisdiction over all proceedings under 626
this section.627

       (C) A person may seek relief under this section for the 628
person, or any parent or adult household member may seek relief 629
under this section on behalf of any other family or household 630
member, by filing a petition with the court. The petition shall 631
contain or state all of the following:632

       (1) An allegation that the respondent engaged in a violation 633
of section 2903.211 of the Revised Code against the person to be 634
protected by the protection order or committed a sexually oriented 635
offense against the person to be protected by the protection 636
order, including a description of the nature and extent of the 637
violation;638

       (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

       (3) A request for relief under this section.647

       (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 parte 652
hearing, may enter any temporary orders, with or without bond, 653
that the court finds necessary for the safety and protection of 654
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

       (i) Prior to the date scheduled for the full hearing under 676
this division, the respondent has not been served with the 677
petition filed pursuant to this section and notice of the full 678
hearing.679

       (ii) The parties consent to the continuance.680

       (iii) The continuance is needed to allow a party to obtain 681
counsel.682

       (iv) The continuance is needed for other good cause.683

       (b) An ex parte order issued under this section does not 684
expire because of a failure to serve notice of the full hearing 685
upon the respondent before the date set for the full hearing under 686
division (D)(2)(a) of this section or because the court grants a 687
continuance under that division.688

       (3) If a person who files a petition pursuant to this section 689
does not request an ex parte order, or if a person requests an ex 690
parte order but the court does not issue an ex parte order after 691
an ex parte hearing, the court shall proceed as in a normal civil 692
action and grant a full hearing on the matter.693

       (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

       (2)(a) Any protection order issued pursuant to this section 721
shall be valid until a date certain but not later than five years 722
from the date of its issuance.723

       (b) Any protection order issued pursuant to this section may 724
be renewed in the same manner as the original order was issued.725

       (3) A court may not issue a protection order that requires a 726
petitioner to do or to refrain from doing an act that the court 727
may require a respondent to do or to refrain from doing under 728
division (E)(1) of this section unless all of the following apply:729

       (a) The respondent files a separate petition for a protection 730
order in accordance with this section.731

       (b) The petitioner is served with notice of the respondent's 732
petition at least forty-eight hours before the court holds a 733
hearing with respect to the respondent's petition, or the 734
petitioner waives the right to receive this notice.735

       (c) If the petitioner has requested an ex parte order 736
pursuant to division (D) of this section, the court does not delay 737
any hearing required by that division beyond the time specified in 738
that division in order to consolidate the hearing with a hearing 739
on the petition filed by the respondent.740

       (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

       (4) No protection order issued pursuant to this section shall 752
in any manner affect title to any real property.753

       (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

       (F)(1) The court shall cause the delivery of a copy of any 772
protection order that is issued under this section to the 773
petitioner, to the respondent, and to all law enforcement agencies 774
that have jurisdiction to enforce the order. The court shall 775
direct that a copy of the order be delivered to the respondent on 776
the same day that the order is entered.777

       (2) Upon the issuance of a protection order under this 778
section, the court shall provide the parties to the order with the 779
following notice orally or by form:780

"NOTICE
781

       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

       (3) All law enforcement agencies shall establish and maintain 788
an index for the protection orders delivered to the agencies 789
pursuant to division (F)(1) of this section. With respect to each 790
order delivered, each agency shall note on the index the date and 791
time that it received the order.792

       (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 officer 795
of a law enforcement agency shall enforce a protection order 796
issued pursuant to this section by any court in this state in 797
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 ex 803
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

       (H) The filing of proceedings under this section does not 809
excuse a person from filing any report or giving any notice 810
required by section 2151.421 of the Revised Code or by any other 811
law.812

       (I) Any law enforcement agency that investigates an alleged 813
violation of section 2903.211 of the Revised Code or an alleged 814
commission of a sexually oriented offense shall provide 815
information to the victim and the family or household members of 816
the victim regarding the relief available under this section and 817
section 2903.213 of the Revised Code.818

       (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

       (K)(1) A person who violates a protection order issued under 828
this section is subject to the following sanctions:829

       (a) Criminal prosecution for a violation of section 2919.27 830
of the Revised Code, if the violation of the protection order 831
constitutes a violation of that section;832

       (b) Punishment for contempt of court.833

       (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

       (L) In all stages of a proceeding under this section, a 842
petitioner may be accompanied by a victim advocate.843

       (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

       (2) A petitioner may register a protection order issued 858
pursuant to this section or section 2903.213 of the Revised Code 859
in a county other than the county in which the court that issued 860
the order is located in the following manner:861

       (a) The petitioner shall obtain a certified copy of the order 862
from the clerk of the court that issued the order and present that 863
certified copy to the clerk of the court of common pleas or the 864
clerk of a municipal court or county court in the county in which 865
the order is to be registered.866

       (b) Upon accepting the certified copy of the order for 867
registration, the clerk of the court of common pleas, municipal 868
court, or county court shall place an endorsement of registration 869
on the order and give the petitioner a copy of the order that 870
bears that proof of registration.871

       (3) The clerk of each court of common pleas, municipal court, 872
or county court shall maintain a registry of certified copies of 873
protection orders that have been issued by courts in other 874
counties pursuant to this section or section 2903.213 of the 875
Revised Code and that have been registered with the clerk.876

       (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

       (B) The motion shall be prepared on a form that is provided 918
by the clerk of the court, which form shall be substantially as 919
follows:920

"MOTION FOR TEMPORARY PROTECTION ORDER
921

.......................... Court
922

Name and address of court
923

State of Ohio924

v. No. .......... 925

..........................................926

Name of Defendant927

(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

..........................................961

Signature of person962

(or signature of the arresting officer who filed the motion on 963
behalf of the alleged victim)964

..........................................965

Address of person (or office address of the arresting officer who 966
filed the motion on behalf of the alleged victim)"967

       (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

       (3) An order issued under this section shall contain only 1041
those terms authorized in orders issued under division (C) of this 1042
section.1043

       (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

       (E) A temporary protection order that is issued as a pretrial 1065
condition of release under this section:1066

       (1) Is in addition to, but shall not be construed as a part 1067
of, any bail set under Criminal Rule 46;1068

       (2) Is effective only until the occurrence of either of the 1069
following:1070

       (a) The disposition, by the court that issued the order or, 1071
in the circumstances described in division (D)(4) of this section, 1072
by the court of common pleas to which the alleged offender is 1073
bound over for prosecution, of the criminal proceeding arising out 1074
of the complaint upon which the order is based;1075

       (b) The issuance of a protection order or the approval of a 1076
consent agreement, arising out of the same activities as those 1077
that were the basis of the complaint upon which the order is 1078
based, under section 3113.31 of the Revised Code;1079

       (3) Shall not be construed as a finding that the alleged 1080
offender committed the alleged offense, and shall not be 1081
introduced as evidence of the commission of the offense at the 1082
trial of the alleged offender on the complaint upon which the 1083
order is based.1084

       (F) A person who meets the criteria for bail under Criminal 1085
Rule 46 and who, if required to do so pursuant to that rule, 1086
executes or posts bond or deposits cash or securities as bail, 1087
shall not be held in custody pending a hearing before the court on 1088
a motion requesting a temporary protection order.1089

       (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

       (2) Upon the issuance of a protection order under this 1104
section, the court shall provide the parties to the order with the 1105
following notice orally or by form:1106

"NOTICE
1107

       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

       (3) All law enforcement agencies shall establish and maintain 1117
an index for the temporary protection orders delivered to the 1118
agencies pursuant to division (G)(1) of this section. With respect 1119
to each order delivered, each agency shall note on the index, the 1120
date and time of the receipt of the order by the agency.1121

       (4) A complainant, alleged victim, or other person who 1122
obtains a temporary protection order under this section may 1123
provide notice of the issuance of the temporary protection order 1124
to the judicial and law enforcement officials in any county other 1125
than the county in which the order is issued by registering that 1126
order in the other county in accordance with division (N) of 1127
section 3113.31 of the Revised Code and filing a copy of the 1128
registered protection order with a law enforcement agency in the 1129
other county in accordance with that division.1130

       (5) Any officer of a law enforcement agency shall enforce a 1131
temporary protection order issued by any court in this state in 1132
accordance with the provisions of the order, including removing 1133
the defendant from the premises, regardless of whether the order 1134
is registered in the county in which the officer's agency has 1135
jurisdiction as authorized by division (G)(4) of this section.1136

       (H) Upon a violation of a temporary protection order, the 1137
court may issue another temporary protection order, as a pretrial 1138
condition of release, that modifies the terms of the order that 1139
was violated.1140

       (I)(1) As used in divisions (I)(1) and (2) of this section, 1141
"defendant" means a person who is alleged in a complaint to have 1142
committed a violation, offense of violence, or sexually oriented 1143
offense of the type described in division (A) of this section.1144

       (2) If a complaint is filed that alleges that a person 1145
committed a violation, offense of violence, or sexually oriented 1146
offense of the type described in division (A) of this section, the 1147
court may not issue a temporary protection order under this 1148
section that requires the complainant, the alleged victim, or 1149
another family or household member of the defendant to do or 1150
refrain from doing an act that the court may require the defendant 1151
to do or refrain from doing under a temporary protection order 1152
unless both of the following apply:1153

       (a) The defendant has filed a separate complaint that alleges 1154
that the complainant, alleged victim, or other family or household 1155
member in question who would be required under the order to do or 1156
refrain from doing the act committed a violation or offense of 1157
violence of the type described in division (A) of this section.1158

       (b) The court determines that both the complainant, alleged 1159
victim, or other family or household member in question who would 1160
be required under the order to do or refrain from doing the act 1161
and the defendant acted primarily as aggressors, that neither the 1162
complainant, alleged victim, or other family or household member 1163
in question who would be required under the order to do or refrain 1164
from doing the act nor the defendant acted primarily in 1165
self-defense, and, in accordance with the standards and criteria 1166
of this section as applied in relation to the separate complaint 1167
filed by the defendant, that it should issue the order to require 1168
the complainant, alleged victim, or other family or household 1169
member in question to do or refrain from doing the act.1170

       (J) Notwithstanding any provision of law to the contrary and 1171
regardless of whether a protection order is issued or a consent 1172
agreement is approved by a court of another county or a court of 1173
another state, no court or unit of state or local government shall 1174
charge any fee, cost, deposit, or money in connection with the 1175
filing of a motion pursuant to this section, in connection with 1176
the filing, issuance, registration, or service of a protection 1177
order or consent agreement, or for obtaining a certified copy of a 1178
protection order or consent agreement.1179

       (K) As used in this section:1180

       (1) "Companion animal" has the same meaning as in section 1181
959.131 of the Revised Code.1182

       (2) "Sexually oriented offense" has the same meaning as in 1183
section 2950.01 of the Revised Code.1184

       (2)(3) "Victim advocate" means a person who provides support 1185
and assistance for a victim of an offense during court 1186
proceedings.1187

       Sec. 3113.31.  (A) As used in this section:1188

       (1) "Domestic violence" means the occurrence of one or more 1189
of the following acts against a family or household member:1190

       (a) Attempting to cause or recklessly causing bodily injury;1191

       (b) Placing another person by the threat of force in fear of 1192
imminent serious physical harm or committing a violation of 1193
section 2903.211 or 2911.211 of the Revised Code;1194

       (c) Committing any act with respect to a child that would 1195
result in the child being an abused child, as defined in section 1196
2151.031 of the Revised Code;1197

       (d) Committing a sexually oriented offense.1198

       (2) "Court" means the domestic relations division of the 1199
court of common pleas in counties that have a domestic relations 1200
division, and the court of common pleas in counties that do not 1201
have a domestic relations division.1202

       (3) "Family or household member" means any of the following:1203

       (a) Any of the following who is residing with or has resided 1204
with the respondent:1205

       (i) A spouse, a person living as a spouse, or a former spouse 1206
of the respondent;1207

       (ii) A parent or a child of the respondent, or another person 1208
related by consanguinity or affinity to the respondent;1209

       (iii) A parent or a child of a spouse, person living as a 1210
spouse, or former spouse of the respondent, or another person 1211
related by consanguinity or affinity to a spouse, person living as 1212
a spouse, or former spouse of the respondent.1213

       (b) The natural parent of any child of whom the respondent is 1214
the other natural parent or is the putative other natural parent.1215

       (4) "Person living as a spouse" means a person who is living 1216
or has lived with the respondent in a common law marital 1217
relationship, who otherwise is cohabiting with the respondent, or 1218
who otherwise has cohabited with the respondent within five years 1219
prior to the date of the alleged occurrence of the act in 1220
question.1221

       (5) "Victim advocate" means a person who provides support and 1222
assistance for a person who files a petition under this section.1223

       (6) "Sexually oriented offense" has the same meaning as in 1224
section 2950.01 of the Revised Code.1225

       (7) "Companion animal" has the same meaning as in section 1226
959.131 of the Revised Code.1227

       (B) The court has jurisdiction over all proceedings under 1228
this section. The petitioner's right to relief under this section 1229
is not affected by the petitioner's leaving the residence or 1230
household to avoid further domestic violence.1231

       (C) A person may seek relief under this section on the 1232
person's own behalf, or any parent or adult household member may 1233
seek relief under this section on behalf of any other family or 1234
household member, by filing a petition with the court. The 1235
petition shall contain or state:1236

       (1) An allegation that the respondent engaged in domestic 1237
violence against a family or household member of the respondent, 1238
including a description of the nature and extent of the domestic 1239
violence;1240

       (2) The relationship of the respondent to the petitioner, and 1241
to the victim if other than the petitioner;1242

       (3) A request for relief under this section.1243

       (D)(1) If a person who files a petition pursuant to this 1244
section requests an ex parte order, the court shall hold an ex 1245
parte hearing on the same day that the petition is filed. The 1246
court, for good cause shown at the ex parte hearing, may enter any 1247
temporary orders, with or without bond, including, but not limited 1248
to, an order described in division (E)(1)(a), (b), or (c) of this 1249
section, that the court finds necessary to protect the family or 1250
household member from domestic violence. Immediate and present 1251
danger of domestic violence to the family or household member 1252
constitutes good cause for purposes of this section. Immediate and 1253
present danger includes, but is not limited to, situations in 1254
which the respondent has threatened the family or household member 1255
with bodily harm, in which the respondent has threatened the 1256
family or household member with a sexually oriented offense, or in 1257
which the respondent previously has been convicted of or pleaded 1258
guilty to an offense that constitutes domestic violence against 1259
the family or household member.1260

       (2)(a) If the court, after an ex parte hearing, issues an 1261
order described in division (E)(1)(b) or (c) of this section, the 1262
court shall schedule a full hearing for a date that is within 1263
seven court days after the ex parte hearing. If any other type of 1264
protection order that is authorized under division (E) of this 1265
section is issued by the court after an ex parte hearing, the 1266
court shall schedule a full hearing for a date that is within ten 1267
court days after the ex parte hearing. The court shall give the 1268
respondent notice of, and an opportunity to be heard at, the full 1269
hearing. The court shall hold the full hearing on the date 1270
scheduled under this division unless the court grants a 1271
continuance of the hearing in accordance with this division. Under 1272
any of the following circumstances or for any of the following 1273
reasons, the court may grant a continuance of the full hearing to 1274
a reasonable time determined by the court:1275

       (i) Prior to the date scheduled for the full hearing under 1276
this division, the respondent has not been served with the 1277
petition filed pursuant to this section and notice of the full 1278
hearing.1279

       (ii) The parties consent to the continuance.1280

       (iii) The continuance is needed to allow a party to obtain 1281
counsel.1282

       (iv) The continuance is needed for other good cause.1283

       (b) An ex parte order issued under this section does not 1284
expire because of a failure to serve notice of the full hearing 1285
upon the respondent before the date set for the full hearing under 1286
division (D)(2)(a) of this section or because the court grants a 1287
continuance under that division.1288

       (3) If a person who files a petition pursuant to this section 1289
does not request an ex parte order, or if a person requests an ex 1290
parte order but the court does not issue an ex parte order after 1291
an ex parte hearing, the court shall proceed as in a normal civil 1292
action and grant a full hearing on the matter.1293

       (E)(1) After an ex parte or full hearing, the court may grant 1294
any protection order, with or without bond, or approve any consent 1295
agreement to bring about a cessation of domestic violence against 1296
the family or household members. The order or agreement may:1297

       (a) Direct the respondent to refrain from abusing or from 1298
committing sexually oriented offenses against the family or 1299
household members;1300

       (b) Grant possession of the residence or household to the 1301
petitioner or other family or household member, to the exclusion 1302
of the respondent, by evicting the respondent, when the residence 1303
or household is owned or leased solely by the petitioner or other 1304
family or household member, or by ordering the respondent to 1305
vacate the premises, when the residence or household is jointly 1306
owned or leased by the respondent, and the petitioner or other 1307
family or household member;1308

       (c) When the respondent has a duty to support the petitioner 1309
or other family or household member living in the residence or 1310
household and the respondent is the sole owner or lessee of the 1311
residence or household, grant possession of the residence or 1312
household to the petitioner or other family or household member, 1313
to the exclusion of the respondent, by ordering the respondent to 1314
vacate the premises, or, in the case of a consent agreement, allow 1315
the respondent to provide suitable, alternative housing;1316

       (d) Temporarily allocate parental rights and responsibilities 1317
for the care of, or establish temporary parenting time rights with 1318
regard to, minor children, if no other court has determined, or is 1319
determining, the allocation of parental rights and 1320
responsibilities for the minor children or parenting time rights;1321

       (e) Require the respondent to maintain support, if the 1322
respondent customarily provides for or contributes to the support 1323
of the family or household member, or if the respondent has a duty 1324
to support the petitioner or family or household member;1325

       (f) Require the respondent, petitioner, victim of domestic 1326
violence, or any combination of those persons, to seek counseling;1327

       (g) Require the respondent to refrain from entering the 1328
residence, school, business, or place of employment of the 1329
petitioner or family or household member;1330

       (h) Grant other relief that the court considers equitable and 1331
fair, including, but not limited to, ordering the respondent to 1332
permit the use of a motor vehicle by the petitioner or other 1333
family or household member and the apportionment of household and 1334
family personal property.1335

       (2) If a protection order has been issued pursuant to this 1336
section in a prior action involving the respondent and the 1337
petitioner or one or more of the family or household members or 1338
victims, the court may include in a protection order that it 1339
issues a prohibition against the respondent returning to the 1340
residence or household. If it includes a prohibition against the 1341
respondent returning to the residence or household in the order, 1342
it also shall include in the order provisions of the type 1343
described in division (E)(7) of this section. This division does 1344
not preclude the court from including in a protection order or 1345
consent agreement, in circumstances other than those described in 1346
this division, a requirement that the respondent be evicted from 1347
or vacate the residence or household or refrain from entering the 1348
residence, school, business, or place of employment of the 1349
petitioner or a family or household member, and, if the court 1350
includes any requirement of that type in an order or agreement, 1351
the court also shall include in the order provisions of the type 1352
described in division (E)(7) of this section.1353

       (3)(a) Any protection order issued or consent agreement 1354
approved under this section shall be valid until a date certain, 1355
but not later than five years from the date of its issuance or 1356
approval unless modified or terminated as provided in division 1357
(E)(8) of this section.1358

       (b) Subject to the limitation on the duration of an order or 1359
agreement set forth in division (E)(3)(a) of this section, any 1360
order under division (E)(1)(d) of this section shall terminate on 1361
the date that a court in an action for divorce, dissolution of 1362
marriage, or legal separation brought by the petitioner or 1363
respondent issues an order allocating parental rights and 1364
responsibilities for the care of children or on the date that a 1365
juvenile court in an action brought by the petitioner or 1366
respondent issues an order awarding legal custody of minor 1367
children. Subject to the limitation on the duration of an order or 1368
agreement set forth in division (E)(3)(a) of this section, any 1369
order under division (E)(1)(e) of this section shall terminate on 1370
the date that a court in an action for divorce, dissolution of 1371
marriage, or legal separation brought by the petitioner or 1372
respondent issues a support order or on the date that a juvenile 1373
court in an action brought by the petitioner or respondent issues 1374
a support order.1375

       (c) Any protection order issued or consent agreement approved 1376
pursuant to this section may be renewed in the same manner as the 1377
original order or agreement was issued or approved.1378

       (4) A court may not issue a protection order that requires a 1379
petitioner to do or to refrain from doing an act that the court 1380
may require a respondent to do or to refrain from doing under 1381
division (E)(1)(a), (b), (c), (d), (e), (g), or (h) of this 1382
section unless all of the following apply:1383

       (a) The respondent files a separate petition for a protection 1384
order in accordance with this section.1385

       (b) The petitioner is served notice of the respondent's 1386
petition at least forty-eight hours before the court holds a 1387
hearing with respect to the respondent's petition, or the 1388
petitioner waives the right to receive this notice.1389

       (c) If the petitioner has requested an ex parte order 1390
pursuant to division (D) of this section, the court does not delay 1391
any hearing required by that division beyond the time specified in 1392
that division in order to consolidate the hearing with a hearing 1393
on the petition filed by the respondent.1394

       (d) After a full hearing at which the respondent presents 1395
evidence in support of the request for a protection order and the 1396
petitioner is afforded an opportunity to defend against that 1397
evidence, the court determines that the petitioner has committed 1398
an act of domestic violence or has violated a temporary protection 1399
order issued pursuant to section 2919.26 of the Revised Code, that 1400
both the petitioner and the respondent acted primarily as 1401
aggressors, and that neither the petitioner nor the respondent 1402
acted primarily in self-defense.1403

       (5) No protection order issued or consent agreement approved 1404
under this section shall in any manner affect title to any real 1405
property.1406

       (6)(a) If a petitioner, or the child of a petitioner, who 1407
obtains a protection order or consent agreement pursuant to 1408
division (E)(1) of this section or a temporary protection order 1409
pursuant to section 2919.26 of the Revised Code and is the subject 1410
of a parenting time order issued pursuant to section 3109.051 or 1411
3109.12 of the Revised Code or a visitation or companionship order 1412
issued pursuant to section 3109.051, 3109.11, or 3109.12 of the 1413
Revised Code or division (E)(1)(d) of this section granting 1414
parenting time rights to the respondent, the court may require the 1415
public children services agency of the county in which the court 1416
is located to provide supervision of the respondent's exercise of 1417
parenting time or visitation or companionship rights with respect 1418
to the child for a period not to exceed nine months, if the court 1419
makes the following findings of fact:1420

       (i) The child is in danger from the respondent;1421

       (ii) No other person or agency is available to provide the 1422
supervision.1423

       (b) A court that requires an agency to provide supervision 1424
pursuant to division (E)(6)(a) of this section shall order the 1425
respondent to reimburse the agency for the cost of providing the 1426
supervision, if it determines that the respondent has sufficient 1427
income or resources to pay that cost.1428

       (7)(a) If a protection order issued or consent agreement 1429
approved under this section includes a requirement that the 1430
respondent be evicted from or vacate the residence or household or 1431
refrain from entering the residence, school, business, or place of 1432
employment of the petitioner or a family or household member, the 1433
order or agreement shall state clearly that the order or agreement 1434
cannot be waived or nullified by an invitation to the respondent 1435
from the petitioner or other family or household member to enter 1436
the residence, school, business, or place of employment or by the 1437
respondent's entry into one of those places otherwise upon the 1438
consent of the petitioner or other family or household member.1439

       (b) Division (E)(7)(a) of this section does not limit any 1440
discretion of a court to determine that a respondent charged with 1441
a violation of section 2919.27 of the Revised Code, with a 1442
violation of a municipal ordinance substantially equivalent to 1443
that section, or with contempt of court, which charge is based on 1444
an alleged violation of a protection order issued or consent 1445
agreement approved under this section, did not commit the 1446
violation or was not in contempt of court.1447

       (8)(a) The court may modify or terminate as provided in 1448
division (E)(8) of this section a protection order or consent 1449
agreement that was issued after a full hearing under this section. 1450
The court that issued the protection order or approved the consent 1451
agreement shall hear a motion for modification or termination of 1452
the protection order or consent agreement pursuant to division 1453
(E)(8) of this section.1454

       (b) Either the petitioner or the respondent of the original 1455
protection order or consent agreement may bring a motion for 1456
modification or termination of a protection order or consent 1457
agreement that was issued or approved after a full hearing. The 1458
court shall require notice of the motion to be made as provided by 1459
the Rules of Civil Procedure. If the petitioner for the original 1460
protection order or consent agreement has requested that the 1461
petitioner's address be kept confidential, the court shall not 1462
disclose the address to the respondent of the original protection 1463
order or consent agreement or any other person, except as 1464
otherwise required by law. The moving party has the burden of 1465
proof to show, by a preponderance of the evidence, that 1466
modification or termination of the protection order or consent 1467
agreement is appropriate because either the protection order or 1468
consent agreement is no longer needed or because the terms of the 1469
original protection order or consent agreement are no longer 1470
appropriate.1471

       (c) In considering whether to modify or terminate a 1472
protection order or consent agreement issued or approved under 1473
this section, the court shall consider all relevant factors, 1474
including, but not limited to, the following:1475

       (i) Whether the petitioner consents to modification or 1476
termination of the protection order or consent agreement;1477

       (ii) Whether the petitioner fears the respondent;1478

       (iii) The current nature of the relationship between the 1479
petitioner and the respondent;1480

       (iv) The circumstances of the petitioner and respondent, 1481
including the relative proximity of the petitioner's and 1482
respondent's workplaces and residences and whether the petitioner 1483
and respondent have minor children together;1484

       (v) Whether the respondent has complied with the terms and 1485
conditions of the original protection order or consent agreement;1486

       (vi) Whether the respondent has a continuing involvement with 1487
illegal drugs or alcohol;1488

       (vii) Whether the respondent has been convicted of or pleaded 1489
guilty to an offense of violence since the issuance of the 1490
protection order or approval of the consent agreement;1491

       (viii) Whether any other protection orders, consent 1492
agreements, restraining orders, or no contact orders have been 1493
issued against the respondent pursuant to this section, section 1494
2919.26 of the Revised Code, any other provision of state law, or 1495
the law of any other state;1496

       (ix) Whether the respondent has participated in any domestic 1497
violence treatment, intervention program, or other counseling 1498
addressing domestic violence and whether the respondent has 1499
completed the treatment, program, or counseling;1500

       (x) The time that has elapsed since the protection order was 1501
issued or since the consent agreement was approved;1502

       (xi) The age and health of the respondent;1503

       (xii) When the last incident of abuse, threat of harm, or 1504
commission of a sexually oriented offense occurred or other 1505
relevant information concerning the safety and protection of the 1506
petitioner or other protected parties.1507

       (d) If a protection order or consent agreement is modified or 1508
terminated as provided in division (E)(8) of this section, the 1509
court shall issue copies of the modified or terminated order or 1510
agreement as provided in division (F) of this section. A 1511
petitioner may also provide notice of the modification or 1512
termination to the judicial and law enforcement officials in any 1513
county other than the county in which the order or agreement is 1514
modified or terminated as provided in division (N) of this 1515
section.1516

       (e) If the respondent moves for modification or termination 1517
of a protection order or consent agreement pursuant to this 1518
section, the court may assess costs against the respondent for the 1519
filing of the motion.1520

       (9) The court may include in a protection order issued or 1521
consent agreement approved under this section any companion animal 1522
that is in the petitioner's residence.1523

       (F)(1) A copy of any protection order, or consent agreement, 1524
that is issued, approved, modified, or terminated under this 1525
section shall be issued by the court to the petitioner, to the 1526
respondent, and to all law enforcement agencies that have 1527
jurisdiction to enforce the order or agreement. The court shall 1528
direct that a copy of an order be delivered to the respondent on 1529
the same day that the order is entered.1530

       (2) Upon the issuance of a protection order or the approval 1531
of a consent agreement under this section, the court shall provide 1532
the parties to the order or agreement with the following notice 1533
orally or by form:1534

"NOTICE
1535

       As a result of this order or consent agreement, it may be 1536
unlawful for you to possess or purchase a firearm, including a 1537
rifle, pistol, or revolver, or ammunition pursuant to federal law 1538
under 18 U.S.C. 922(g)(8). If you have any questions whether this 1539
law makes it illegal for you to possess or purchase a firearm or 1540
ammunition, you should consult an attorney."1541

       (3) All law enforcement agencies shall establish and maintain 1542
an index for the protection orders and the approved consent 1543
agreements delivered to the agencies pursuant to division (F)(1) 1544
of this section. With respect to each order and consent agreement 1545
delivered, each agency shall note on the index the date and time 1546
that it received the order or consent agreement.1547

       (4) Regardless of whether the petitioner has registered the 1548
order or agreement in the county in which the officer's agency has 1549
jurisdiction pursuant to division (N) of this section, any officer 1550
of a law enforcement agency shall enforce a protection order 1551
issued or consent agreement approved by any court in this state in 1552
accordance with the provisions of the order or agreement, 1553
including removing the respondent from the premises, if 1554
appropriate.1555

       (G) Any proceeding under this section shall be conducted in 1556
accordance with the Rules of Civil Procedure, except that an order 1557
under this section may be obtained with or without bond. An order 1558
issued under this section, other than an ex parte order, that 1559
grants a protection order or approves a consent agreement, that 1560
refuses to grant a protection order or approve a consent agreement 1561
that modifies or terminates a protection order or consent 1562
agreement, or that refuses to modify or terminate a protection 1563
order or consent agreement, is a final, appealable order. The 1564
remedies and procedures provided in this section are in addition 1565
to, and not in lieu of, any other available civil or criminal 1566
remedies.1567

       (H) The filing of proceedings under this section does not 1568
excuse a person from filing any report or giving any notice 1569
required by section 2151.421 of the Revised Code or by any other 1570
law. When a petition under this section alleges domestic violence 1571
against minor children, the court shall report the fact, or cause 1572
reports to be made, to a county, township, or municipal peace 1573
officer under section 2151.421 of the Revised Code.1574

       (I) Any law enforcement agency that investigates a domestic 1575
dispute shall provide information to the family or household 1576
members involved regarding the relief available under this section 1577
and section 2919.26 of the Revised Code.1578

       (J) Notwithstanding any provision of law to the contrary and 1579
regardless of whether a protection order is issued or a consent 1580
agreement is approved by a court of another county or a court of 1581
another state, no court or unit of state or local government shall 1582
charge any fee, cost, deposit, or money in connection with the 1583
filing of a petition pursuant to this section or in connection 1584
with the filing, issuance, registration, or service of a 1585
protection order or consent agreement, or for obtaining a 1586
certified copy of a protection order or consent agreement.1587

       (K)(1) The court shall comply with Chapters 3119., 3121., 1588
3123., and 3125. of the Revised Code when it makes or modifies an 1589
order for child support under this section.1590

       (2) If any person required to pay child support under an 1591
order made under this section on or after April 15, 1985, or 1592
modified under this section on or after December 31, 1986, is 1593
found in contempt of court for failure to make support payments 1594
under the order, the court that makes the finding, in addition to 1595
any other penalty or remedy imposed, shall assess all court costs 1596
arising out of the contempt proceeding against the person and 1597
require the person to pay any reasonable attorney's fees of any 1598
adverse party, as determined by the court, that arose in relation 1599
to the act of contempt.1600

       (L)(1) A person who violates a protection order issued or a 1601
consent agreement approved under this section is subject to the 1602
following sanctions:1603

       (a) Criminal prosecution for a violation of section 2919.27 1604
of the Revised Code, if the violation of the protection order or 1605
consent agreement constitutes a violation of that section;1606

       (b) Punishment for contempt of court.1607

       (2) The punishment of a person for contempt of court for 1608
violation of a protection order issued or a consent agreement 1609
approved under this section does not bar criminal prosecution of 1610
the person for a violation of section 2919.27 of the Revised Code. 1611
However, a person punished for contempt of court is entitled to 1612
credit for the punishment imposed upon conviction of a violation 1613
of that section, and a person convicted of a violation of that 1614
section shall not subsequently be punished for contempt of court 1615
arising out of the same activity.1616

       (M) In all stages of a proceeding under this section, a 1617
petitioner may be accompanied by a victim advocate.1618

       (N)(1) A petitioner who obtains a protection order or consent 1619
agreement under this section or a temporary protection order under 1620
section 2919.26 of the Revised Code may provide notice of the 1621
issuance or approval of the order or agreement to the judicial and 1622
law enforcement officials in any county other than the county in 1623
which the order is issued or the agreement is approved by 1624
registering that order or agreement in the other county pursuant 1625
to division (N)(2) of this section and filing a copy of the 1626
registered order or registered agreement with a law enforcement 1627
agency in the other county in accordance with that division. A 1628
person who obtains a protection order issued by a court of another 1629
state may provide notice of the issuance of the order to the 1630
judicial and law enforcement officials in any county of this state 1631
by registering the order in that county pursuant to section 1632
2919.272 of the Revised Code and filing a copy of the registered 1633
order with a law enforcement agency in that county.1634

       (2) A petitioner may register a temporary protection order, 1635
protection order, or consent agreement in a county other than the 1636
county in which the court that issued the order or approved the 1637
agreement is located in the following manner:1638

       (a) The petitioner shall obtain a certified copy of the order 1639
or agreement from the clerk of the court that issued the order or 1640
approved the agreement and present that certified copy to the 1641
clerk of the court of common pleas or the clerk of a municipal 1642
court or county court in the county in which the order or 1643
agreement is to be registered.1644

       (b) Upon accepting the certified copy of the order or 1645
agreement for registration, the clerk of the court of common 1646
pleas, municipal court, or county court shall place an endorsement 1647
of registration on the order or agreement and give the petitioner 1648
a copy of the order or agreement that bears that proof of 1649
registration.1650

       (3) The clerk of each court of common pleas, the clerk of 1651
each municipal court, and the clerk of each county court shall 1652
maintain a registry of certified copies of temporary protection 1653
orders, protection orders, or consent agreements that have been 1654
issued or approved by courts in other counties and that have been 1655
registered with the clerk.1656

       Sec. 4731.284.  The state medical board shall approve one or 1657
more continuing medical education courses of study included within 1658
the programs certified by the Ohio state medical association and 1659
the Ohio osteopathic association pursuant to section 4731.281 of 1660
the Revised Code with regard to the counseling of individuals who 1661
abuse animals.1662

       Sec. 4732.141.  (A)(1) On or before the thirty-first day of 1663
August of each even-numbered year beginning in 1998 and until the 1664
requirement set forth in division (A)(2) of this section applies, 1665
each person licensed under this chapter by the state board of 1666
psychology shall have completed, in the preceding two-year period, 1667
not less than twenty hours of continuing education in psychology 1668
or the number of hours determined under division (D) of this 1669
section.1670

       (2) On or before the thirty-first day of August of each 1671
even-numbered year after the biennium in which this amendment 1672
takes effect, each person licensed under this chapter by the state 1673
board of psychology shall have completed, in the preceding 1674
two-year period, not less than twenty-three hours of continuing 1675
education in psychology, including not less than three hours of 1676
continuing education in professional conduct and ethics, or the 1677
number of hours determined under division (D) of this section.1678

       (3) Each person subject to division (A)(1) or (2) of this 1679
section shall certify to the board, at the time of biennial 1680
registration pursuant to section 4732.14 of the Revised Code and 1681
on the registration form prescribed by the board under that 1682
section, that in the preceding two years the person has completed 1683
continuing psychology education in compliance with this section. 1684
The board shall adopt rules establishing the procedure for a 1685
person to certify to the board and for properly recording with the 1686
Ohio psychological association or the state board of education 1687
completion of the continuing education.1688

       (B) Continuing psychology education may be applied to meet 1689
the requirement of division (A) of this section if both of the 1690
following requirements are met:1691

       (1) It is obtained through a program or course approved by 1692
the state board of psychology, the Ohio psychological association, 1693
the Ohio association of black psychologists, or the American 1694
psychological association or, in the case of a licensed school 1695
psychologist or a licensed psychologist with a school psychology 1696
specialty, by the state board of education, the Ohio school 1697
psychologists association, or the national association of school 1698
psychologists;1699

       (2) Completion of the program or course is recorded with the 1700
Ohio psychological association or the state board of education in 1701
accordance with rules adopted by the state board of psychology in 1702
accordance with division (A) of this section.1703

       The state board of psychology may disapprove any program or 1704
course that has been approved by the Ohio psychological 1705
association, Ohio association of black psychologists, American 1706
psychological association, state board of education, Ohio school 1707
psychologists association, or national association of school 1708
psychologists. Such program or course may not be applied to meet 1709
the requirement of division (A) of this section.1710

       (C) Each person licensed under this chapter shall be given a 1711
sufficient choice of continuing education programs or courses in 1712
psychology, including programs or courses on professional conduct 1713
and ethics when required under division (A)(2) of this section, to 1714
ensure that the person has had a reasonable opportunity to 1715
participate in programs or courses that are relevant to the 1716
person's practice in terms of subject matter and level.1717

       (D) The board shall adopt rules providing for reductions of 1718
the hours of continuing psychology education required by this 1719
section for persons in their first registration period.1720

       (E) Each person licensed under this chapter shall retain in 1721
the person's records for at least three years the receipts, 1722
vouchers, or certificates necessary to document completion of 1723
continuing psychology education. Proof of continuing psychology 1724
education recorded with the Ohio psychological association or the 1725
state board of education in accordance with the procedures 1726
established pursuant to division (A) of this section shall serve 1727
as sufficient documentation of completion. With cause, the board 1728
may request the documentation from the person. The board also may 1729
request the documentation from persons licensed under this chapter 1730
selected at random, without cause. The board may review any 1731
continuing psychology education records recorded by the Ohio 1732
psychological association or the state board of education.1733

       (F) The board may excuse persons licensed under this chapter, 1734
as a group or as individuals, from all or any part of the 1735
requirements of this section because of an unusual circumstance, 1736
emergency, or special hardship.1737

       (G) The state board of psychology shall approve one or more 1738
continuing education courses of study that assist psychologists 1739
and school psychologists in recognizing the signs of domestic 1740
violence and its relationship to child abuse. Psychologists and 1741
school psychologists are not required to take the courses.1742

       (H) The state board of psychology shall approve one or more 1743
continuing education courses of study with regard to the 1744
counseling of individuals who abuse animals.1745

       Sec. 4757.33.  (A) Except as provided in division (B) of this 1746
section, each person who holds a license or certificate of 1747
registration issued under this chapter shall complete during the 1748
period that the license or certificate is in effect not less than 1749
thirty clock hours of continuing professional education as a 1750
condition of receiving a renewed license or certificate. To have a 1751
lapsed license or certificate of registration restored, a person 1752
shall complete the number of hours of continuing education 1753
specified by the counselor, social worker, and marriage and family 1754
therapist board in rules it shall adopt in accordance with Chapter 1755
119. of the Revised Code.1756

       The professional standards committees of the counselor, 1757
social worker, and marriage and family therapist board shall adopt 1758
rules in accordance with Chapter 119. of the Revised Code 1759
establishing standards and procedures to be followed by the 1760
committees in conducting the continuing education approval 1761
process.1762

       (B) The board may waive the continuing education requirements 1763
established under this section for persons who are unable to 1764
fulfill them because of military service, illness, residence 1765
abroad, or any other reason the committee considers acceptable.1766

       In the case of a social worker licensed by virtue of 1767
receiving, prior to October 10, 1992, a baccalaureate degree in a 1768
program closely related to social work, as a condition of the 1769
first renewal of the license, the social worker mustshall1770
complete at an accredited educational institution a minimum of 1771
five semester hours of social work graduate or undergraduate 1772
credit, or their equivalent, that is acceptable to the committee 1773
and includes a course in social work theory and a course in social 1774
work methods.1775

       (C) The professional standards committees of the counselor, 1776
social worker, and marriage and family therapist board shall 1777
approve one or more continuing education courses of study with 1778
regard to the counseling of individuals who abuse animals.1779

       Section 2. That existing sections 959.99, 2152.19, 2903.213, 1780
2903.214, 2919.26, 3113.31, 4732.141, and 4757.33 of the Revised 1781
Code are hereby repealed.1782