| (1)(a) "Dangerous dog" means a dog that, without provocation, | 17 |
|
and subject to division (A)(1)(b) of this section, has chased or | 18 |
|
approached in either a menacing fashion or an apparent attitude of | 19 |
|
attack, or has attempted to bite or otherwise endanger any person, | 20 |
|
while that dog is off the premises of its owner, keeper, or | 21 |
|
harborer and not under the reasonable control of its owner, | 22 |
|
keeper, harborer, or some other responsible person, or not | 23 |
physically restrained or confined in a locked pen
whichthat has a | 24 |
top, locked fenced yard, or other locked enclosure
whichthat has | 25 |
|
a top. | 26 |
| (B) Upon the transfer of ownership of any dog, the seller of | 64 |
|
the dog shall give the buyer a transfer of ownership certificate | 65 |
|
that shall be signed by the seller. The certificate shall contain | 66 |
|
the registration number of the dog, the name of the seller, and a | 67 |
|
brief description of the dog. Blank forms of the certificate may | 68 |
|
be obtained from the county auditor. A transfer of ownership shall | 69 |
|
be recorded by the auditor upon presentation of a transfer of | 70 |
|
ownership certificate that is signed by the former owner of a dog | 71 |
|
and that is accompanied by a fee of twenty-five cents. | 72 |
| (D) Within ten days after the transfer of ownership or | 77 |
|
possession of any dog, if the seller or other transferor of the | 78 |
dog has knowledge that the dog is a dangerous or vicious dog, he | 79 |
| the seller or other transferor shall give to the buyer or other | 80 |
|
transferee, the board of health for the district in which the | 81 |
|
buyer or other transferee resides, and the dog warden of the | 82 |
|
county in which the buyer or other transferee resides, a completed | 83 |
|
copy of a written form on which the seller shall furnish the | 84 |
|
following information: | 85 |
| (D) Whoever violates division (A) of section 959.13 of the | 115 |
|
Revised Code is guilty of a misdemeanor of the second degree on a | 116 |
|
first offense and a misdemeanor of the first degree on each | 117 |
|
subsequent offense. In addition, the court may order the offender | 118 |
|
to forfeit the animal or livestock and may provide for its | 119 |
|
disposition, including, but not limited to, the sale of the animal | 120 |
|
or livestock. If an animal or livestock is forfeited and sold | 121 |
|
pursuant to this division, the proceeds from the sale first shall | 122 |
|
be applied to pay the expenses incurred with regard to the care of | 123 |
|
the animal from the time it was taken from the custody of the | 124 |
|
former owner. The balance of the proceeds from the sale, if any, | 125 |
|
shall be paid to the former owner of the animal. | 126 |
| (E)(1)(a) Whoever violates division (B) of section 959.131 of | 127 |
|
the Revised Code is guilty of a misdemeanor of the first degree on | 128 |
|
a first offense and a felony of the fifth degree on each | 129 |
|
subsequent offense. In addition to any other sanction imposed for | 130 |
|
a felony violation of division (B) of section 959.131 of the | 131 |
|
Revised Code if the offender is not already undergoing counseling | 132 |
|
pursuant to division (E)(4) of this section, a court shall impose | 133 |
|
a term of basic probation supervision or a term of intensive | 134 |
|
probation supervision. | 135 |
| (3)(a) A court may order a person who is convicted of or | 143 |
|
pleads guilty to a violation of section 959.131 of the Revised | 144 |
|
Code to forfeit to an impounding agency, as defined in section | 145 |
|
959.132 of the Revised Code, any or all of the companion animals | 146 |
|
in that person's ownership or care. The court also may prohibit or | 147 |
|
place limitations on the person's ability to own or care for any | 148 |
|
companion animals for a specified or indefinite period of time. | 149 |
(4) If(a) Except as otherwise provided in division (E)(4)(b) | 157 |
|
of this section, if a court has reason to believe that a person | 158 |
|
who is convicted of or pleads guilty to a violation of section | 159 |
|
959.131 of the Revised Code suffers from a mental or emotional | 160 |
|
disorder that contributed to the violation, the court may impose | 161 |
|
as a community control sanction or as a condition of probation a | 162 |
|
requirement that the offender undergo psychological evaluation or | 163 |
|
counseling. The court shall order the offender to pay the costs of | 164 |
|
the evaluation or counseling. | 165 |
| (2) Commit the child to the temporary custody of any school, | 188 |
|
camp, institution, or other facility operated for the care of | 189 |
|
delinquent children by the county, by a district organized under | 190 |
section
2152.41 or 2151.65 or 2152.41 of the Revised Code, or by a | 191 |
|
private agency or organization, within or without the state, that | 192 |
|
is authorized and qualified to provide the care, treatment, or | 193 |
|
placement required, including, but not limited to, a school, camp, | 194 |
|
or facility operated under section 2151.65 of the Revised Code; | 195 |
| (4) Place the child on community control under any sanctions, | 199 |
|
services, and conditions that the court prescribes. As a condition | 200 |
|
of community control in every case and in addition to any other | 201 |
|
condition that it imposes upon the child, the court shall require | 202 |
|
the child to abide by the law during the period of community | 203 |
|
control. As referred to in this division, community control | 204 |
|
includes, but is not limited to, the following sanctions and | 205 |
|
conditions: | 206 |
| A period of house arrest with electronic monitoring or | 246 |
|
continuous alcohol monitoring or both electronic monitoring and | 247 |
|
continuous alcohol monitoring, imposed under this division shall | 248 |
|
not extend beyond the child's twenty-first birthday. If a court | 249 |
|
imposes a period of house arrest with electronic monitoring or | 250 |
|
continuous alcohol monitoring or both electronic monitoring and | 251 |
|
continuous alcohol monitoring, upon a child under this division, | 252 |
|
it shall require the child: to remain in the child's home or other | 253 |
|
specified premises for the entire period of house arrest with | 254 |
|
electronic monitoring or continuous alcohol monitoring or both | 255 |
|
except when the court permits the child to leave those premises to | 256 |
|
go to school or to other specified premises. Regarding electronic | 257 |
|
monitoring, the court also shall require the child to be monitored | 258 |
|
by a central system that can determine the child's location at | 259 |
|
designated times; to report periodically to a person designated by | 260 |
|
the court; and to enter into a written contract with the court | 261 |
|
agreeing to comply with all requirements imposed by the court, | 262 |
|
agreeing to pay any fee imposed by the court for the costs of the | 263 |
|
house arrest with electronic monitoring, and agreeing to waive the | 264 |
|
right to receive credit for any time served on house arrest with | 265 |
|
electronic monitoring toward the period of any other dispositional | 266 |
|
order imposed upon the child if the child violates any of the | 267 |
|
requirements of the dispositional order of house arrest with | 268 |
|
electronic monitoring. The court also may impose other reasonable | 269 |
|
requirements upon the child. | 270 |
| Unless ordered by the court, a child shall not receive credit | 271 |
|
for any time served on house arrest with electronic monitoring or | 272 |
|
continuous alcohol monitoring or both toward any other | 273 |
|
dispositional order imposed upon the child for the act for which | 274 |
|
was imposed the dispositional order of house arrest with | 275 |
|
electronic monitoring or continuous alcohol monitoring. As used in | 276 |
this division and division (A)(4)(l)(j) of this section, | 277 |
|
"continuous alcohol monitoring" has the same meaning as in section | 278 |
|
2929.01 of the Revised Code. | 279 |
| (l) A suspension of the driver's license, probationary | 280 |
|
driver's license, or temporary instruction permit issued to the | 281 |
|
child for a period of time prescribed by the court, or a | 282 |
|
suspension of the registration of all motor vehicles registered in | 283 |
|
the name of the child for a period of time prescribed by the | 284 |
|
court. A child whose license or permit is so suspended is | 285 |
|
ineligible for issuance of a license or permit during the period | 286 |
|
of suspension. At the end of the period of suspension, the child | 287 |
|
shall not be reissued a license or permit until the child has paid | 288 |
|
any applicable reinstatement fee and complied with all | 289 |
|
requirements governing license reinstatement. | 290 |
| (b) If a child is adjudicated a delinquent child for being a | 308 |
|
chronic truant or a habitual truant who previously has been | 309 |
|
adjudicated an unruly child for being a habitual truant and the | 310 |
|
court determines that the parent, guardian, or other person having | 311 |
|
care of the child has failed to cause the child's attendance at | 312 |
|
school in violation of section 3321.38 of the Revised Code, do | 313 |
|
either or both of the following: | 314 |
| (B) If a child is adjudicated a delinquent child, in addition | 336 |
|
to any order of disposition made under division (A) of this | 337 |
|
section, the court, in the following situations and for the | 338 |
|
specified periods of time, shall suspend the child's temporary | 339 |
|
instruction permit, restricted license, probationary driver's | 340 |
|
license, or nonresident operating privilege, or suspend the | 341 |
|
child's ability to obtain such a permit: | 342 |
| (2) If the child is adjudicated a delinquent child for | 350 |
|
committing an act that if committed by an adult would be a drug | 351 |
|
abuse offense or for violating division (B) of section 2917.11 of | 352 |
|
the Revised Code, suspend the child's license, permit, or | 353 |
|
privilege for a period of time prescribed by the court. The court, | 354 |
|
in its discretion, may terminate the suspension if the child | 355 |
|
attends and satisfactorily completes a drug abuse or alcohol abuse | 356 |
|
education, intervention, or treatment program specified by the | 357 |
|
court. During the time the child is attending a program described | 358 |
|
in this division, the court shall retain the child's temporary | 359 |
|
instruction permit, probationary driver's license, or driver's | 360 |
|
license, and the court shall return the permit or license if it | 361 |
|
terminates the suspension as described in this division. | 362 |
| (D)(1) If a child is adjudicated a delinquent child for | 368 |
|
committing an act that would be a felony if committed by an adult | 369 |
|
and if the child caused, attempted to cause, threatened to cause, | 370 |
|
or created a risk of physical harm to the victim of the act, the | 371 |
|
court, prior to issuing an order of disposition under this | 372 |
|
section, shall order the preparation of a victim impact statement | 373 |
|
by the probation department of the county in which the victim of | 374 |
|
the act resides, by the court's own probation department, or by a | 375 |
|
victim assistance program that is operated by the state, a county, | 376 |
|
a municipal corporation, or another governmental entity. The court | 377 |
|
shall consider the victim impact statement in determining the | 378 |
|
order of disposition to issue for the child. | 379 |
| (2) Each victim impact statement shall identify the victim of | 380 |
|
the act for which the child was adjudicated a delinquent child, | 381 |
|
itemize any economic loss suffered by the victim as a result of | 382 |
|
the act, identify any physical injury suffered by the victim as a | 383 |
|
result of the act and the seriousness and permanence of the | 384 |
|
injury, identify any change in the victim's personal welfare or | 385 |
|
familial relationships as a result of the act and any | 386 |
|
psychological impact experienced by the victim or the victim's | 387 |
|
family as a result of the act, and contain any other information | 388 |
|
related to the impact of the act upon the victim that the court | 389 |
|
requires. | 390 |
| (3) A victim impact statement shall be kept confidential and | 391 |
|
is not a public record. However, the court may furnish copies of | 392 |
|
the statement to the department of youth services if the | 393 |
|
delinquent child is committed to the department or to both the | 394 |
|
adjudicated delinquent child or the adjudicated delinquent child's | 395 |
|
counsel and the prosecuting attorney. The copy of a victim impact | 396 |
|
statement furnished by the court to the department pursuant to | 397 |
|
this section shall be kept confidential and is not a public | 398 |
|
record. If an officer is preparing pursuant to section 2947.06 or | 399 |
|
2951.03 of the Revised Code or Criminal Rule 32.2 a presentence | 400 |
|
investigation report pertaining to a person, the court shall make | 401 |
|
available to the officer, for use in preparing the report, a copy | 402 |
|
of any victim impact statement regarding that person. The copies | 403 |
|
of a victim impact statement that are made available to the | 404 |
|
adjudicated delinquent child or the adjudicated delinquent child's | 405 |
|
counsel and the prosecuting attorney pursuant to this division | 406 |
|
shall be returned to the court by the person to whom they were | 407 |
|
made available immediately following the imposition of an order of | 408 |
|
disposition for the child under this chapter. | 409 |
| (E) If a child is adjudicated a delinquent child for being a | 417 |
|
chronic truant or a habitual truant who previously has been | 418 |
|
adjudicated an unruly child for being a habitual truant and the | 419 |
|
court determines that the parent, guardian, or other person having | 420 |
|
care of the child has failed to cause the child's attendance at | 421 |
|
school in violation of section 3321.38 of the Revised Code, in | 422 |
|
addition to any order of disposition it makes under this section, | 423 |
|
the court shall warn the parent, guardian, or other person having | 424 |
|
care of the child that any subsequent adjudication of the child as | 425 |
|
an unruly or delinquent child for being a habitual or chronic | 426 |
|
truant may result in a criminal charge against the parent, | 427 |
|
guardian, or other person having care of the child for a violation | 428 |
|
of division (C) of section 2919.21 or section 2919.24 of the | 429 |
|
Revised Code. | 430 |
| (F) If a child under eighteen years of age is adjudicated a | 431 |
|
delinquent child for a violation of division (B) of section | 432 |
|
959.131 of the Revised Code, the court, in addition to any other | 433 |
|
disposition that it makes under this section, shall require the | 434 |
|
child to undergo a psychological evaluation. The evaluation shall | 435 |
|
determine if the child needs individual or family counseling and | 436 |
|
shall make a recommendation as to the frequency and the length of | 437 |
|
time that the counseling should occur. If individual or family | 438 |
|
counseling is recommended by the evaluation, the court shall | 439 |
|
require the counseling to take place and shall establish the | 440 |
|
frequency and the length of time of the counseling. The court may | 441 |
|
order the parent, guardian, or other person having care of the | 442 |
|
child to pay the costs of the evaluation, any counseling, or both. | 443 |
| (G)(1) During the period of a delinquent child's community | 444 |
|
control granted under this section, authorized probation officers | 445 |
|
who are engaged within the scope of their supervisory duties or | 446 |
|
responsibilities may search, with or without a warrant, the person | 447 |
|
of the delinquent child, the place of residence of the delinquent | 448 |
|
child, and a motor vehicle, another item of tangible or intangible | 449 |
|
personal property, or other real property in which the delinquent | 450 |
|
child has a right, title, or interest or for which the delinquent | 451 |
|
child has the express or implied permission of a person with a | 452 |
|
right, title, or interest to use, occupy, or possess if the | 453 |
|
probation officers have reasonable grounds to believe that the | 454 |
|
delinquent child is not abiding by the law or otherwise is not | 455 |
|
complying with the conditions of the delinquent child's community | 456 |
|
control. The court that places a delinquent child on community | 457 |
|
control under this section shall provide the delinquent child with | 458 |
|
a written notice that informs the delinquent child that authorized | 459 |
|
probation officers who are engaged within the scope of their | 460 |
|
supervisory duties or responsibilities may conduct those types of | 461 |
|
searches during the period of community control if they have | 462 |
|
reasonable grounds to believe that the delinquent child is not | 463 |
|
abiding by the law or otherwise is not complying with the | 464 |
|
conditions of the delinquent child's community control. The court | 465 |
|
also shall provide the written notice described in division | 466 |
(E)(G)(2) of this section to each parent, guardian, or custodian | 467 |
|
of the delinquent child who is described in that division. | 468 |
| (2) The court that places a child on community control under | 469 |
|
this section shall provide the child's parent, guardian, or other | 470 |
|
custodian with a written notice that informs them that authorized | 471 |
|
probation officers may conduct searches pursuant to division | 472 |
|
(E)(1) of this section. The notice shall specifically state that a | 473 |
|
permissible search might extend to a motor vehicle, another item | 474 |
|
of tangible or intangible personal property, or a place of | 475 |
|
residence or other real property in which a notified parent, | 476 |
|
guardian, or custodian has a right, title, or interest and that | 477 |
|
the parent, guardian, or custodian expressly or impliedly permits | 478 |
|
the child to use, occupy, or possess. | 479 |
| Sec. 2903.213. (A) Except when the complaint involves a | 493 |
|
person who is a family or household member as defined in section | 494 |
|
2919.25 of the Revised Code, upon the filing of a complaint that | 495 |
|
alleges a violation of section 2903.11, 2903.12, 2903.13, 2903.21, | 496 |
|
2903.211, 2903.22, or 2911.211 of the Revised Code, a violation of | 497 |
|
a municipal ordinance substantially similar to section 2903.13, | 498 |
|
2903.21, 2903.211, 2903.22, or 2911.211 of the Revised Code, or | 499 |
|
the commission of a sexually oriented offense, the complainant, | 500 |
|
the alleged victim, or a family or household member of an alleged | 501 |
|
victim may file a motion that requests the issuance of a | 502 |
|
protection order as a pretrial condition of release of the alleged | 503 |
|
offender, in addition to any bail set under Criminal Rule 46. The | 504 |
|
motion shall be filed with the clerk of the court that has | 505 |
|
jurisdiction of the case at any time after the filing of the | 506 |
|
complaint. If the complaint involves a person who is a family or | 507 |
|
household member, the complainant, the alleged victim, or the | 508 |
|
family or household member may file a motion for a temporary | 509 |
|
protection order pursuant to section 2919.26 of the Revised Code. | 510 |
| (Name of person), moves the court to issue a protection order | 521 |
|
containing terms designed to ensure the safety and protection of | 522 |
|
the complainant or the alleged victim in the above-captioned case | 523 |
|
and any companion animal that is in the complainant's or alleged | 524 |
|
victim's residence, in relation to the named defendant, pursuant | 525 |
|
to its authority to issue a protection order under section | 526 |
|
2903.213 of the Revised Code. | 527 |
|
|
| A complaint, a copy of which has been attached to this | 528 |
|
motion, has been filed in this court charging the named defendant | 529 |
|
with a violation of section 2903.11, 2903.12, 2903.13, 2903.21, | 530 |
|
2903.211, 2903.22, or 2911.211 of the Revised Code, a violation of | 531 |
|
a municipal ordinance substantially similar to section 2903.13, | 532 |
|
2903.21, 2903.211, 2903.22, or 2911.211 of the Revised Code, or | 533 |
|
the commission of a sexually oriented offense. | 534 |
| I understand that I must appear before the court, at a time | 535 |
|
set by the court not later than the next day that the court is in | 536 |
|
session after the filing of this motion, for a hearing on the | 537 |
|
motion, and that any protection order granted pursuant to this | 538 |
|
motion is a pretrial condition of release and is effective only | 539 |
|
until the disposition of the criminal proceeding arising out of | 540 |
|
the attached complaint or until the issuance under section | 541 |
|
2903.214 of the Revised Code of a protection order arising out of | 542 |
|
the same activities as those that were the basis of the attached | 543 |
|
complaint. | 544 |
| (C)(1) As soon as possible after the filing of a motion that | 549 |
|
requests the issuance of a protection order under this section, | 550 |
|
but not later than the next day that the court is in session after | 551 |
|
the filing of the motion, the court shall conduct a hearing to | 552 |
|
determine whether to issue the order. The person who requested the | 553 |
|
order shall appear before the court and provide the court with the | 554 |
|
information that it requests concerning the basis of the motion. | 555 |
|
If the court finds that the safety and protection of the | 556 |
|
complainant or the alleged victim may be impaired by the continued | 557 |
|
presence of the alleged offender, the court may issue a protection | 558 |
|
order under this section, as a pretrial condition of release, that | 559 |
|
contains terms designed to ensure the safety and protection of the | 560 |
|
complainant or the alleged victim, including a requirement that | 561 |
|
the alleged offender refrain from entering the residence, school, | 562 |
|
business, or place of employment of the complainant or the alleged | 563 |
|
victim.
The court may include within the scope of a protection | 564 |
|
order issued under this section any companion animal that is in | 565 |
|
the complainant's or alleged victim's residence. | 566 |
| (2)(a) If the court issues a protection order under this | 567 |
|
section that includes a requirement that the alleged offender | 568 |
|
refrain from entering the residence, school, business, or place of | 569 |
|
employment of the complainant or the alleged victim, the order | 570 |
|
shall clearly state that the order cannot be waived or nullified | 571 |
|
by an invitation to the alleged offender from the complainant, the | 572 |
|
alleged victim, or a family or household member to enter the | 573 |
|
residence, school, business, or place of employment or by the | 574 |
|
alleged offender's entry into one of those places otherwise upon | 575 |
|
the consent of the complainant, the alleged victim, or a family or | 576 |
|
household member. | 577 |
| (b) Division (C)(2)(a) of this section does not limit any | 578 |
|
discretion of a court to determine that an alleged offender | 579 |
|
charged with a violation of section 2919.27 of the Revised Code, | 580 |
|
with a violation of a municipal ordinance substantially equivalent | 581 |
|
to that section, or with contempt of court, which charge is based | 582 |
|
on an alleged violation of a protection order issued under this | 583 |
|
section, did not commit the violation or was not in contempt of | 584 |
|
court. | 585 |
| (D)(1) Except when the complaint involves a person who is a | 586 |
|
family or household member as defined in section 2919.25 of the | 587 |
|
Revised Code, upon the filing of a complaint that alleges a | 588 |
|
violation specified in division (A) of this section, the court, | 589 |
|
upon its own motion, may issue a protection order under this | 590 |
|
section as a pretrial condition of release of the alleged offender | 591 |
|
if it finds that the safety and protection of the complainant or | 592 |
|
the alleged victim may be impaired by the continued presence of | 593 |
|
the alleged offender.
The court may include within the scope of a | 594 |
|
protection order issued under this section any companion animal | 595 |
|
that is in the complainant's or alleged victim's residence. | 596 |
| (2) If the court issues a protection order under this section | 597 |
|
as an ex parte order, it shall conduct, as soon as possible after | 598 |
|
the issuance of the order but not later than the next day that the | 599 |
|
court is in session after its issuance, a hearing to determine | 600 |
|
whether the order should remain in effect, be modified, or be | 601 |
|
revoked. The hearing shall be conducted under the standards set | 602 |
|
forth in division (C) of this section. | 603 |
| (3) If a municipal court or a county court issues a | 604 |
|
protection order under this section and if, subsequent to the | 605 |
|
issuance of the order, the alleged offender who is the subject of | 606 |
|
the order is bound over to the court of common pleas for | 607 |
|
prosecution of a felony arising out of the same activities as | 608 |
|
those that were the basis of the complaint upon which the order is | 609 |
|
based, notwithstanding the fact that the order was issued by a | 610 |
|
municipal court or county court, the order shall remain in effect, | 611 |
|
as though it were an order of the court of common pleas, while the | 612 |
|
charges against the alleged offender are pending in the court of | 613 |
|
common pleas, for the period of time described in division (E)(2) | 614 |
|
of this section, and the court of common pleas has exclusive | 615 |
|
jurisdiction to modify the order issued by the municipal court or | 616 |
|
county court. This division applies when the alleged offender is | 617 |
|
bound over to the court of common pleas as a result of the person | 618 |
|
waiving a preliminary hearing on the felony charge, as a result of | 619 |
|
the municipal court or county court having determined at a | 620 |
|
preliminary hearing that there is probable cause to believe that | 621 |
|
the felony has been committed and that the alleged offender | 622 |
|
committed it, as a result of the alleged offender having been | 623 |
|
indicted for the felony, or in any other manner. | 624 |
| (2) Is effective only until the disposition, by the court | 629 |
|
that issued the order or, in the circumstances described in | 630 |
|
division (D)(3) of this section, by the court of common pleas to | 631 |
|
which the alleged offender is bound over for prosecution, of the | 632 |
|
criminal proceeding arising out of the complaint upon which the | 633 |
|
order is based or until the issuance under section 2903.214 of the | 634 |
|
Revised Code of a protection order arising out of the same | 635 |
|
activities as those that were the basis of the complaint filed | 636 |
|
under this section; | 637 |
| (G)(1) A copy of a protection order that is issued under this | 647 |
|
section shall be issued by the court to the complainant, to the | 648 |
|
alleged victim, to the person who requested the order, to the | 649 |
|
defendant, and to all law enforcement agencies that have | 650 |
|
jurisdiction to enforce the order. The court shall direct that a | 651 |
|
copy of the order be delivered to the defendant on the same day | 652 |
|
that the order is entered. If a municipal court or a county court | 653 |
|
issues a protection order under this section and if, subsequent to | 654 |
|
the issuance of the order, the defendant who is the subject of the | 655 |
|
order is bound over to the court of common pleas for prosecution | 656 |
|
as described in division (D)(3) of this section, the municipal | 657 |
|
court or county court shall direct that a copy of the order be | 658 |
|
delivered to the court of common pleas to which the defendant is | 659 |
|
bound over. | 660 |
| (I) Notwithstanding any provision of law to the contrary and | 675 |
|
regardless of whether a protection order is issued or a consent | 676 |
|
agreement is approved by a court of another county or by a court | 677 |
|
of another state, no court or unit of state or local government | 678 |
|
shall charge any fee, cost, deposit, or money in connection with | 679 |
|
the filing of a motion pursuant to this section, in connection | 680 |
|
with the filing, issuance, registration, or service of a | 681 |
|
protection order or consent agreement, or for obtaining certified | 682 |
|
copies of a protection order or consent agreement. | 683 |
| (2) If the petitioner seeks relief in the form of electronic | 717 |
|
monitoring of the respondent, an allegation that at any time | 718 |
|
preceding the filing of the petition the respondent engaged in | 719 |
|
conduct that would cause a reasonable person to believe that the | 720 |
|
health, welfare, or safety of the person to be protected was at | 721 |
|
risk, a description of the nature and extent of that conduct, and | 722 |
|
an allegation that the respondent presents a continuing danger to | 723 |
|
the person to be protected; | 724 |
| (D)(1) If a person who files a petition pursuant to this | 726 |
|
section requests an ex parte order, the court shall hold an ex | 727 |
|
parte hearing as soon as possible after the petition is filed, but | 728 |
|
not later than the next day that the court is in session after the | 729 |
|
petition is filed. The court, for good cause shown at the ex parte | 730 |
|
hearing, may enter any temporary orders, with or without bond, | 731 |
|
that the court finds necessary for the safety and protection of | 732 |
|
the person to be protected by the order. Immediate and present | 733 |
|
danger to the person to be protected by the protection order | 734 |
|
constitutes good cause for purposes of this section. Immediate and | 735 |
|
present danger includes, but is not limited to, situations in | 736 |
|
which the respondent has threatened the person to be protected by | 737 |
|
the protection order with bodily harm or in which the respondent | 738 |
|
previously has been convicted of or pleaded guilty to a violation | 739 |
|
of section 2903.211 of the Revised Code or a sexually oriented | 740 |
|
offense against the person to be protected by the protection | 741 |
|
order. | 742 |
| (2)(a) If the court, after an ex parte hearing, issues a | 743 |
|
protection order described in division (E) of this section, the | 744 |
|
court shall schedule a full hearing for a date that is within ten | 745 |
|
court days after the ex parte hearing. The court shall give the | 746 |
|
respondent notice of, and an opportunity to be heard at, the full | 747 |
|
hearing. The court shall hold the full hearing on the date | 748 |
|
scheduled under this division unless the court grants a | 749 |
|
continuance of the hearing in accordance with this division. Under | 750 |
|
any of the following circumstances or for any of the following | 751 |
|
reasons, the court may grant a continuance of the full hearing to | 752 |
|
a reasonable time determined by the court: | 753 |
| (E)(1)(a) After an ex parte or full hearing, the court may | 772 |
|
issue any protection order, with or without bond, that contains | 773 |
|
terms designed to ensure the safety and protection of the person | 774 |
|
to be protected by the protection order, including, but not | 775 |
|
limited to, a requirement that the respondent refrain from | 776 |
|
entering the residence, school, business, or place of employment | 777 |
|
of the petitioner or family or household member. If the court | 778 |
|
includes a requirement that the respondent refrain from entering | 779 |
|
the residence, school, business, or place of employment of the | 780 |
|
petitioner or family or household member in the order, it also | 781 |
|
shall include in the order provisions of the type described in | 782 |
|
division (E)(5) of this section.
The court may include within the | 783 |
|
scope of a protection order issued under this section any | 784 |
|
companion animal that is in the residence of the person to be | 785 |
|
protected. | 786 |
| (b) After a full hearing, if the court considering a petition | 787 |
|
that includes an allegation of the type described in division | 788 |
|
(C)(2) of this section, or the court upon its own motion, finds | 789 |
|
upon clear and convincing evidence that the petitioner reasonably | 790 |
|
believed that the respondent's conduct at any time preceding the | 791 |
|
filing of the petition endangered the health, welfare, or safety | 792 |
|
of the person to be protected and that the respondent presents a | 793 |
|
continuing danger to the person to be protected, the court may | 794 |
|
order that the respondent be electronically monitored for a period | 795 |
|
of time and under the terms and conditions that the court | 796 |
|
determines are appropriate. Electronic monitoring shall be in | 797 |
|
addition to any other relief granted to the petitioner. | 798 |
| (d) After a full hearing at which the respondent presents | 819 |
|
evidence in support of the request for a protection order and the | 820 |
|
petitioner is afforded an opportunity to defend against that | 821 |
|
evidence, the court determines that the petitioner has committed a | 822 |
|
violation of section 2903.211 of the Revised Code against the | 823 |
|
person to be protected by the protection order issued pursuant to | 824 |
|
division (E)(3) of this section, has committed a sexually oriented | 825 |
|
offense against the person to be protected by the protection order | 826 |
|
issued pursuant to division (E)(3) of this section, or has | 827 |
|
violated a protection order issued pursuant to section 2903.213 of | 828 |
|
the Revised Code relative to the person to be protected by the | 829 |
|
protection order issued pursuant to division (E)(3) of this | 830 |
|
section. | 831 |
| (5)(a) If the court issues a protection order under this | 834 |
|
section that includes a requirement that the alleged offender | 835 |
|
refrain from entering the residence, school, business, or place of | 836 |
|
employment of the petitioner or a family or household member, the | 837 |
|
order shall clearly state that the order cannot be waived or | 838 |
|
nullified by an invitation to the alleged offender from the | 839 |
|
complainant to enter the residence, school, business, or place of | 840 |
|
employment or by the alleged offender's entry into one of those | 841 |
|
places otherwise upon the consent of the petitioner or family or | 842 |
|
household member. | 843 |
| (b) Division (E)(5)(a) of this section does not limit any | 844 |
|
discretion of a court to determine that an alleged offender | 845 |
|
charged with a violation of section 2919.27 of the Revised Code, | 846 |
|
with a violation of a municipal ordinance substantially equivalent | 847 |
|
to that section, or with contempt of court, which charge is based | 848 |
|
on an alleged violation of a protection order issued under this | 849 |
|
section, did not commit the violation or was not in contempt of | 850 |
|
court. | 851 |
| As a result of this order, it may be unlawful for you to | 862 |
|
possess or purchase a firearm, including a rifle, pistol, or | 863 |
|
revolver, or ammunition pursuant to federal law under 18 U.S.C. | 864 |
|
922(g)(8). If you have any questions whether this law makes it | 865 |
|
illegal for you to possess or purchase a firearm or ammunition, | 866 |
|
you should consult an attorney." | 867 |
| (4) Regardless of whether the petitioner has registered the | 873 |
|
protection order in the county in which the officer's agency has | 874 |
|
jurisdiction pursuant to division (M) of this section, any officer | 875 |
|
of a law enforcement agency shall enforce a protection order | 876 |
|
issued pursuant to this section by any court in this state in | 877 |
|
accordance with the provisions of the order, including removing | 878 |
|
the respondent from the premises, if appropriate. | 879 |
| (G) Any proceeding under this section shall be conducted in | 880 |
|
accordance with the Rules of Civil Procedure, except that a | 881 |
|
protection order may be obtained under this section with or | 882 |
|
without bond. An order issued under this section, other than an ex | 883 |
|
parte order, that grants a protection order, or that refuses to | 884 |
|
grant a protection order, is a final, appealable order. The | 885 |
|
remedies and procedures provided in this section are in addition | 886 |
|
to, and not in lieu of, any other available civil or criminal | 887 |
|
remedies. | 888 |
| (J) Notwithstanding any provision of law to the contrary and | 899 |
|
regardless of whether a protection order is issued or a consent | 900 |
|
agreement is approved by a court of another county or by a court | 901 |
|
of another state, no court or unit of state or local government | 902 |
|
shall charge any fee, cost, deposit, or money in connection with | 903 |
|
the filing of a petition pursuant to this section, in connection | 904 |
|
with the filing, issuance, registration, or service of a | 905 |
|
protection order or consent agreement, or for obtaining a | 906 |
|
certified copy of a protection order or consent agreement. | 907 |
| (2) The punishment of a person for contempt of court for | 914 |
|
violation of a protection order issued under this section does not | 915 |
|
bar criminal prosecution of the person for a violation of section | 916 |
|
2919.27 of the Revised Code. However, a person punished for | 917 |
|
contempt of court is entitled to credit for the punishment imposed | 918 |
|
upon conviction of a violation of that section, and a person | 919 |
|
convicted of a violation of that section shall not subsequently be | 920 |
|
punished for contempt of court arising out of the same activity. | 921 |
| (M)(1) A petitioner who obtains a protection order under this | 924 |
|
section or a protection order under section 2903.213 of the | 925 |
|
Revised Code may provide notice of the issuance or approval of the | 926 |
|
order to the judicial and law enforcement officials in any county | 927 |
|
other than the county in which the order is issued by registering | 928 |
|
that order in the other county pursuant to division (M)(2) of this | 929 |
|
section and filing a copy of the registered order with a law | 930 |
|
enforcement agency in the other county in accordance with that | 931 |
|
division. A person who obtains a protection order issued by a | 932 |
|
court of another state may provide notice of the issuance of the | 933 |
|
order to the judicial and law enforcement officials in any county | 934 |
|
of this state by registering the order in that county pursuant to | 935 |
|
section 2919.272 of the Revised Code and filing a copy of the | 936 |
|
registered order with a law enforcement agency in that county. | 937 |
| (N)(1) If the court orders electronic monitoring of the | 957 |
|
respondent under this section, the court shall direct the | 958 |
|
sheriff's office or any other appropriate law enforcement agency | 959 |
|
to install the electronic monitoring device and to monitor the | 960 |
|
respondent. Unless the court determines that the respondent is | 961 |
|
indigent, the court shall order the respondent to pay the cost of | 962 |
|
the installation and monitoring of the electronic monitoring | 963 |
|
device. If the court determines that the respondent is indigent | 964 |
|
and subject to the maximum amount allowable to be paid in any year | 965 |
|
from the fund and the rules promulgated by the attorney general | 966 |
|
under division (N)(2) of this section, the cost of the | 967 |
|
installation and monitoring of the electronic monitoring device | 968 |
|
may be paid out of funds from the reparations fund created | 969 |
|
pursuant to section 2743.191 of the Revised Code. The total amount | 970 |
|
of costs for the installation and monitoring of electronic | 971 |
|
monitoring devices paid pursuant to this division and sections | 972 |
|
2151.34 and 2919.27 of the Revised Code from the reparations fund | 973 |
|
shall not exceed three hundred thousand dollars per year. | 974 |
| (2) The attorney general may promulgate rules pursuant to | 975 |
|
section 111.15 of the Revised Code to govern payments made from | 976 |
|
the reparations fund pursuant to this division and sections | 977 |
|
2151.34 and 2919.27 of the Revised Code. The rules may include | 978 |
|
reasonable limits on the total cost paid pursuant to this division | 979 |
|
and sections 2151.34 and 2919.27 of the Revised Code per | 980 |
|
respondent, the amount of the three hundred thousand dollars | 981 |
|
allocated to each county, and how invoices may be submitted by a | 982 |
|
county, court, or other entity. | 983 |
| Sec. 2919.26. (A)(1) Upon the filing of a complaint that | 984 |
|
alleges a violation of section 2909.06, 2909.07, 2911.12, or | 985 |
|
2911.211 of the Revised Code if the alleged victim of the | 986 |
|
violation was a family or household member at the time of the | 987 |
|
violation, a violation of a municipal ordinance that is | 988 |
|
substantially similar to any of those sections if the alleged | 989 |
|
victim of the violation was a family or household member at the | 990 |
|
time of the violation, any offense of violence if the alleged | 991 |
|
victim of the offense was a family or household member at the time | 992 |
|
of the commission of the offense, or any sexually oriented offense | 993 |
|
if the alleged victim of the offense was a family or household | 994 |
|
member at the time of the commission of the offense, the | 995 |
|
complainant, the alleged victim, or a family or household member | 996 |
|
of an alleged victim may file, or, if in an emergency the alleged | 997 |
|
victim is unable to file, a person who made an arrest for the | 998 |
|
alleged violation or offense under section 2935.03 of the Revised | 999 |
|
Code may file on behalf of the alleged victim, a motion that | 1000 |
|
requests the issuance of a temporary protection order as a | 1001 |
|
pretrial condition of release of the alleged offender, in addition | 1002 |
|
to any bail set under Criminal Rule 46. The motion shall be filed | 1003 |
|
with the clerk of the court that has jurisdiction of the case at | 1004 |
|
any time after the filing of the complaint. | 1005 |
| (2) For purposes of section 2930.09 of the Revised Code, all | 1006 |
|
stages of a proceeding arising out of a complaint alleging the | 1007 |
|
commission of a violation, offense of violence, or sexually | 1008 |
|
oriented offense described in division (A)(1) of this section, | 1009 |
|
including all proceedings on a motion for a temporary protection | 1010 |
|
order, are critical stages of the case, and a victim may be | 1011 |
|
accompanied by a victim advocate or another person to provide | 1012 |
|
support to the victim as provided in that section. | 1013 |
| (name of person), moves the court to issue a temporary protection | 1024 |
|
order containing terms designed to ensure the safety and | 1025 |
protection of the complainant, alleged victim, and other family or | 1026 |
|
household members, and any companion animal that is in the | 1027 |
|
complainant's or alleged victim's residence, in relation to the | 1028 |
|
named defendant, pursuant to its authority to issue such an order | 1029 |
|
under section 2919.26 of the Revised Code. | 1030 |
|
|
| A complaint, a copy of which has been attached to this | 1031 |
|
motion, has been filed in this court charging the named defendant | 1032 |
|
with .......................... (name of the specified violation, | 1033 |
|
the offense of violence, or sexually oriented offense charged) in | 1034 |
|
circumstances in which the victim was a family or household member | 1035 |
|
in violation of (section of the Revised Code designating the | 1036 |
|
specified violation, offense of violence, or sexually oriented | 1037 |
|
offense charged), or charging the named defendant with a violation | 1038 |
|
of a municipal ordinance that is substantially similar to | 1039 |
|
........................ (section of the Revised Code designating | 1040 |
|
the specified violation, offense of violence, or sexually oriented | 1041 |
|
offense charged) involving a family or household member. | 1042 |
| I understand that I must appear before the court, at a time | 1043 |
|
set by the court within twenty-four hours after the filing of this | 1044 |
|
motion, for a hearing on the motion or that, if I am unable to | 1045 |
|
appear because of hospitalization or a medical condition resulting | 1046 |
|
from the offense alleged in the complaint, a person who can | 1047 |
|
provide information about my need for a temporary protection order | 1048 |
|
must appear before the court in lieu of my appearing in court. I | 1049 |
|
understand that any temporary protection order granted pursuant to | 1050 |
|
this motion is a pretrial condition of release and is effective | 1051 |
|
only until the disposition of the criminal proceeding arising out | 1052 |
|
of the attached complaint, or the issuance of a civil protection | 1053 |
|
order or the approval of a consent agreement, arising out of the | 1054 |
|
same activities as those that were the basis of the complaint, | 1055 |
|
under section 3113.31 of the Revised Code. | 1056 |
| (C)(1) As soon as possible after the filing of a motion that | 1064 |
|
requests the issuance of a temporary protection order, but not | 1065 |
|
later than twenty-four hours after the filing of the motion, the | 1066 |
|
court shall conduct a hearing to determine whether to issue the | 1067 |
|
order. The person who requested the order shall appear before the | 1068 |
|
court and provide the court with the information that it requests | 1069 |
|
concerning the basis of the motion. If the person who requested | 1070 |
|
the order is unable to appear and if the court finds that the | 1071 |
|
failure to appear is because of the person's hospitalization or | 1072 |
|
medical condition resulting from the offense alleged in the | 1073 |
|
complaint, another person who is able to provide the court with | 1074 |
|
the information it requests may appear in lieu of the person who | 1075 |
|
requested the order. If the court finds that the safety and | 1076 |
|
protection of the complainant, alleged victim, or any other family | 1077 |
|
or household member of the alleged victim may be impaired by the | 1078 |
|
continued presence of the alleged offender, the court may issue a | 1079 |
|
temporary protection order, as a pretrial condition of release, | 1080 |
|
that contains terms designed to ensure the safety and protection | 1081 |
|
of the complainant, alleged victim, or the family or household | 1082 |
|
member, including a requirement that the alleged offender refrain | 1083 |
|
from entering the residence, school, business, or place of | 1084 |
|
employment of the complainant, alleged victim, or the family or | 1085 |
|
household member.
The court may include within the scope of a | 1086 |
|
protection order issued under this section any companion animal | 1087 |
|
that is in the complainant's or alleged victim's residence. | 1088 |
| (2)(a) If the court issues a temporary protection order that | 1089 |
|
includes a requirement that the alleged offender refrain from | 1090 |
|
entering the residence, school, business, or place of employment | 1091 |
|
of the complainant, the alleged victim, or the family or household | 1092 |
|
member, the order shall state clearly that the order cannot be | 1093 |
|
waived or nullified by an invitation to the alleged offender from | 1094 |
|
the complainant, alleged victim, or family or household member to | 1095 |
|
enter the residence, school, business, or place of employment or | 1096 |
|
by the alleged offender's entry into one of those places otherwise | 1097 |
|
upon the consent of the complainant, alleged victim, or family or | 1098 |
|
household member. | 1099 |
| (b) Division (C)(2)(a) of this section does not limit any | 1100 |
|
discretion of a court to determine that an alleged offender | 1101 |
|
charged with a violation of section 2919.27 of the Revised Code, | 1102 |
|
with a violation of a municipal ordinance substantially equivalent | 1103 |
|
to that section, or with contempt of court, which charge is based | 1104 |
|
on an alleged violation of a temporary protection order issued | 1105 |
|
under this section, did not commit the violation or was not in | 1106 |
|
contempt of court. | 1107 |
| (D)(1) Upon the filing of a complaint that alleges a | 1108 |
|
violation of section 2909.06, 2909.07, 2911.12, or 2911.211 of the | 1109 |
|
Revised Code if the alleged victim of the violation was a family | 1110 |
|
or household member at the time of the violation, a violation of a | 1111 |
|
municipal ordinance that is substantially similar to any of those | 1112 |
|
sections if the alleged victim of the violation was a family or | 1113 |
|
household member at the time of the violation, any offense of | 1114 |
|
violence if the alleged victim of the offense was a family or | 1115 |
|
household member at the time of the commission of the offense, or | 1116 |
|
any sexually oriented offense if the alleged victim of the offense | 1117 |
|
was a family or household member at the time of the commission of | 1118 |
|
the offense, the court, upon its own motion, may issue a temporary | 1119 |
|
protection order as a pretrial condition of release if it finds | 1120 |
|
that the safety and protection of the complainant, alleged victim, | 1121 |
|
or other family or household member of the alleged offender may be | 1122 |
|
impaired by the continued presence of the alleged offender.
The | 1123 |
|
court may include within the scope of a protection order issued | 1124 |
|
under this section any companion animal that is in the | 1125 |
|
complainant's or alleged victim's residence. | 1126 |
| (2) If the court issues a temporary protection order under | 1127 |
|
this section as an ex parte order, it shall conduct, as soon as | 1128 |
|
possible after the issuance of the order, a hearing in the | 1129 |
|
presence of the alleged offender not later than the next day on | 1130 |
|
which the court is scheduled to conduct business after the day on | 1131 |
|
which the alleged offender was arrested or at the time of the | 1132 |
|
appearance of the alleged offender pursuant to summons to | 1133 |
|
determine whether the order should remain in effect, be modified, | 1134 |
|
or be revoked. The hearing shall be conducted under the standards | 1135 |
|
set forth in division (C) of this section. | 1136 |
| (4) If a municipal court or a county court issues a temporary | 1140 |
|
protection order under this section and if, subsequent to the | 1141 |
|
issuance of the order, the alleged offender who is the subject of | 1142 |
|
the order is bound over to the court of common pleas for | 1143 |
|
prosecution of a felony arising out of the same activities as | 1144 |
|
those that were the basis of the complaint upon which the order is | 1145 |
|
based, notwithstanding the fact that the order was issued by a | 1146 |
|
municipal court or county court, the order shall remain in effect, | 1147 |
|
as though it were an order of the court of common pleas, while the | 1148 |
|
charges against the alleged offender are pending in the court of | 1149 |
|
common pleas, for the period of time described in division (E)(2) | 1150 |
|
of this section, and the court of common pleas has exclusive | 1151 |
|
jurisdiction to modify the order issued by the municipal court or | 1152 |
|
county court. This division applies when the alleged offender is | 1153 |
|
bound over to the court of common pleas as a result of the person | 1154 |
|
waiving a preliminary hearing on the felony charge, as a result of | 1155 |
|
the municipal court or county court having determined at a | 1156 |
|
preliminary hearing that there is probable cause to believe that | 1157 |
|
the felony has been committed and that the alleged offender | 1158 |
|
committed it, as a result of the alleged offender having been | 1159 |
|
indicted for the felony, or in any other manner. | 1160 |
| (G)(1) A copy of any temporary protection order that is | 1186 |
|
issued under this section shall be issued by the court to the | 1187 |
|
complainant, to the alleged victim, to the person who requested | 1188 |
|
the order, to the defendant, and to all law enforcement agencies | 1189 |
|
that have jurisdiction to enforce the order. The court shall | 1190 |
|
direct that a copy of the order be delivered to the defendant on | 1191 |
|
the same day that the order is entered. If a municipal court or a | 1192 |
|
county court issues a temporary protection order under this | 1193 |
|
section and if, subsequent to the issuance of the order, the | 1194 |
|
defendant who is the subject of the order is bound over to the | 1195 |
|
court of common pleas for prosecution as described in division | 1196 |
|
(D)(4) of this section, the municipal court or county court shall | 1197 |
|
direct that a copy of the order be delivered to the court of | 1198 |
|
common pleas to which the defendant is bound over. | 1199 |
| As a result of this protection order, it may be unlawful for | 1204 |
|
you to possess or purchase a firearm, including a rifle, pistol, | 1205 |
|
or revolver, or ammunition pursuant to federal law under 18 U.S.C. | 1206 |
|
922(g)(8). If you have any questions whether this law makes it | 1207 |
|
illegal for you to possess or purchase a firearm or ammunition, | 1208 |
|
you should consult an attorney." | 1209 |
| (4) A complainant, alleged victim, or other person who | 1215 |
|
obtains a temporary protection order under this section may | 1216 |
|
provide notice of the issuance of the temporary protection order | 1217 |
|
to the judicial and law enforcement officials in any county other | 1218 |
|
than the county in which the order is issued by registering that | 1219 |
|
order in the other county in accordance with division (N) of | 1220 |
|
section 3113.31 of the Revised Code and filing a copy of the | 1221 |
|
registered protection order with a law enforcement agency in the | 1222 |
|
other county in accordance with that division. | 1223 |
| (2) If a complaint is filed that alleges that a person | 1238 |
|
committed a violation, offense of violence, or sexually oriented | 1239 |
|
offense of the type described in division (A) of this section, the | 1240 |
|
court may not issue a temporary protection order under this | 1241 |
|
section that requires the complainant, the alleged victim, or | 1242 |
|
another family or household member of the defendant to do or | 1243 |
|
refrain from doing an act that the court may require the defendant | 1244 |
|
to do or refrain from doing under a temporary protection order | 1245 |
|
unless both of the following apply: | 1246 |
| (b) The court determines that both the complainant, alleged | 1252 |
|
victim, or other family or household member in question who would | 1253 |
|
be required under the order to do or refrain from doing the act | 1254 |
|
and the defendant acted primarily as aggressors, that neither the | 1255 |
|
complainant, alleged victim, or other family or household member | 1256 |
|
in question who would be required under the order to do or refrain | 1257 |
|
from doing the act nor the defendant acted primarily in | 1258 |
|
self-defense, and, in accordance with the standards and criteria | 1259 |
|
of this section as applied in relation to the separate complaint | 1260 |
|
filed by the defendant, that it should issue the order to require | 1261 |
|
the complainant, alleged victim, or other family or household | 1262 |
|
member in question to do or refrain from doing the act. | 1263 |
| (J) Notwithstanding any provision of law to the contrary and | 1264 |
|
regardless of whether a protection order is issued or a consent | 1265 |
|
agreement is approved by a court of another county or a court of | 1266 |
|
another state, no court or unit of state or local government shall | 1267 |
|
charge any fee, cost, deposit, or money in connection with the | 1268 |
|
filing of a motion pursuant to this section, in connection with | 1269 |
|
the filing, issuance, registration, or service of a protection | 1270 |
|
order or consent agreement, or for obtaining a certified copy of a | 1271 |
|
protection order or consent agreement. | 1272 |
| (D)(1) If a person who files a petition pursuant to this | 1342 |
|
section requests an ex parte order, the court shall hold an ex | 1343 |
|
parte hearing on the same day that the petition is filed. The | 1344 |
|
court, for good cause shown at the ex parte hearing, may enter any | 1345 |
|
temporary orders, with or without bond, including, but not limited | 1346 |
|
to, an order described in division (E)(1)(a), (b), or (c) of this | 1347 |
|
section, that the court finds necessary to protect the family or | 1348 |
|
household member from domestic violence. Immediate and present | 1349 |
|
danger of domestic violence to the family or household member | 1350 |
|
constitutes good cause for purposes of this section. Immediate and | 1351 |
|
present danger includes, but is not limited to, situations in | 1352 |
|
which the respondent has threatened the family or household member | 1353 |
|
with bodily harm, in which the respondent has threatened the | 1354 |
|
family or household member with a sexually oriented offense, or in | 1355 |
|
which the respondent previously has been convicted of, pleaded | 1356 |
|
guilty to, or been adjudicated a delinquent child for an offense | 1357 |
|
that constitutes domestic violence against the family or household | 1358 |
|
member. | 1359 |
| (2)(a) If the court, after an ex parte hearing, issues an | 1360 |
|
order described in division (E)(1)(b) or (c) of this section, the | 1361 |
|
court shall schedule a full hearing for a date that is within | 1362 |
|
seven court days after the ex parte hearing. If any other type of | 1363 |
|
protection order that is authorized under division (E) of this | 1364 |
|
section is issued by the court after an ex parte hearing, the | 1365 |
|
court shall schedule a full hearing for a date that is within ten | 1366 |
|
court days after the ex parte hearing. The court shall give the | 1367 |
|
respondent notice of, and an opportunity to be heard at, the full | 1368 |
|
hearing. The court shall hold the full hearing on the date | 1369 |
|
scheduled under this division unless the court grants a | 1370 |
|
continuance of the hearing in accordance with this division. Under | 1371 |
|
any of the following circumstances or for any of the following | 1372 |
|
reasons, the court may grant a continuance of the full hearing to | 1373 |
|
a reasonable time determined by the court: | 1374 |
| (b) Grant possession of the residence or household to the | 1400 |
|
petitioner or other family or household member, to the exclusion | 1401 |
|
of the respondent, by evicting the respondent, when the residence | 1402 |
|
or household is owned or leased solely by the petitioner or other | 1403 |
|
family or household member, or by ordering the respondent to | 1404 |
|
vacate the premises, when the residence or household is jointly | 1405 |
|
owned or leased by the respondent, and the petitioner or other | 1406 |
|
family or household member; | 1407 |
| (c) When the respondent has a duty to support the petitioner | 1408 |
|
or other family or household member living in the residence or | 1409 |
|
household and the respondent is the sole owner or lessee of the | 1410 |
|
residence or household, grant possession of the residence or | 1411 |
|
household to the petitioner or other family or household member, | 1412 |
|
to the exclusion of the respondent, by ordering the respondent to | 1413 |
|
vacate the premises, or, in the case of a consent agreement, allow | 1414 |
|
the respondent to provide suitable, alternative housing; | 1415 |
| (2) If a protection order has been issued pursuant to this | 1435 |
|
section in a prior action involving the respondent and the | 1436 |
|
petitioner or one or more of the family or household members or | 1437 |
|
victims, the court may include in a protection order that it | 1438 |
|
issues a prohibition against the respondent returning to the | 1439 |
|
residence or household. If it includes a prohibition against the | 1440 |
|
respondent returning to the residence or household in the order, | 1441 |
|
it also shall include in the order provisions of the type | 1442 |
|
described in division (E)(7) of this section. This division does | 1443 |
|
not preclude the court from including in a protection order or | 1444 |
|
consent agreement, in circumstances other than those described in | 1445 |
|
this division, a requirement that the respondent be evicted from | 1446 |
|
or vacate the residence or household or refrain from entering the | 1447 |
|
residence, school, business, or place of employment of the | 1448 |
|
petitioner or a family or household member, and, if the court | 1449 |
|
includes any requirement of that type in an order or agreement, | 1450 |
|
the court also shall include in the order provisions of the type | 1451 |
|
described in division (E)(7) of this section. | 1452 |
| (b) Subject to the limitation on the duration of an order or | 1460 |
|
agreement set forth in division (E)(3)(a) of this section, any | 1461 |
|
order under division (E)(1)(d) of this section shall terminate on | 1462 |
|
the date that a court in an action for divorce, dissolution of | 1463 |
|
marriage, or legal separation brought by the petitioner or | 1464 |
|
respondent issues an order allocating parental rights and | 1465 |
|
responsibilities for the care of children or on the date that a | 1466 |
|
juvenile court in an action brought by the petitioner or | 1467 |
|
respondent issues an order awarding legal custody of minor | 1468 |
|
children. Subject to the limitation on the duration of an order or | 1469 |
|
agreement set forth in division (E)(3)(a) of this section, any | 1470 |
|
order under division (E)(1)(e) of this section shall terminate on | 1471 |
|
the date that a court in an action for divorce, dissolution of | 1472 |
|
marriage, or legal separation brought by the petitioner or | 1473 |
|
respondent issues a support order or on the date that a juvenile | 1474 |
|
court in an action brought by the petitioner or respondent issues | 1475 |
|
a support order. | 1476 |
| (d) After a full hearing at which the respondent presents | 1496 |
|
evidence in support of the request for a protection order and the | 1497 |
|
petitioner is afforded an opportunity to defend against that | 1498 |
|
evidence, the court determines that the petitioner has committed | 1499 |
|
an act of domestic violence or has violated a temporary protection | 1500 |
|
order issued pursuant to section 2919.26 of the Revised Code, that | 1501 |
|
both the petitioner and the respondent acted primarily as | 1502 |
|
aggressors, and that neither the petitioner nor the respondent | 1503 |
|
acted primarily in self-defense. | 1504 |
| (6)(a) If a petitioner, or the child of a petitioner, who | 1508 |
|
obtains a protection order or consent agreement pursuant to | 1509 |
|
division (E)(1) of this section or a temporary protection order | 1510 |
|
pursuant to section 2919.26 of the Revised Code and is the subject | 1511 |
|
of a parenting time order issued pursuant to section 3109.051 or | 1512 |
|
3109.12 of the Revised Code or a visitation or companionship order | 1513 |
|
issued pursuant to section 3109.051, 3109.11, or 3109.12 of the | 1514 |
|
Revised Code or division (E)(1)(d) of this section granting | 1515 |
|
parenting time rights to the respondent, the court may require the | 1516 |
|
public children services agency of the county in which the court | 1517 |
|
is located to provide supervision of the respondent's exercise of | 1518 |
|
parenting time or visitation or companionship rights with respect | 1519 |
|
to the child for a period not to exceed nine months, if the court | 1520 |
|
makes the following findings of fact: | 1521 |
| (7)(a) If a protection order issued or consent agreement | 1530 |
|
approved under this section includes a requirement that the | 1531 |
|
respondent be evicted from or vacate the residence or household or | 1532 |
|
refrain from entering the residence, school, business, or place of | 1533 |
|
employment of the petitioner or a family or household member, the | 1534 |
|
order or agreement shall state clearly that the order or agreement | 1535 |
|
cannot be waived or nullified by an invitation to the respondent | 1536 |
|
from the petitioner or other family or household member to enter | 1537 |
|
the residence, school, business, or place of employment or by the | 1538 |
|
respondent's entry into one of those places otherwise upon the | 1539 |
|
consent of the petitioner or other family or household member. | 1540 |
| (b) Division (E)(7)(a) of this section does not limit any | 1541 |
|
discretion of a court to determine that a respondent charged with | 1542 |
|
a violation of section 2919.27 of the Revised Code, with a | 1543 |
|
violation of a municipal ordinance substantially equivalent to | 1544 |
|
that section, or with contempt of court, which charge is based on | 1545 |
|
an alleged violation of a protection order issued or consent | 1546 |
|
agreement approved under this section, did not commit the | 1547 |
|
violation or was not in contempt of court. | 1548 |
| (b) Either the petitioner or the respondent of the original | 1556 |
|
protection order or consent agreement may bring a motion for | 1557 |
|
modification or termination of a protection order or consent | 1558 |
|
agreement that was issued or approved after a full hearing. The | 1559 |
|
court shall require notice of the motion to be made as provided by | 1560 |
|
the Rules of Civil Procedure. If the petitioner for the original | 1561 |
|
protection order or consent agreement has requested that the | 1562 |
|
petitioner's address be kept confidential, the court shall not | 1563 |
|
disclose the address to the respondent of the original protection | 1564 |
|
order or consent agreement or any other person, except as | 1565 |
|
otherwise required by law. The moving party has the burden of | 1566 |
|
proof to show, by a preponderance of the evidence, that | 1567 |
|
modification or termination of the protection order or consent | 1568 |
|
agreement is appropriate because either the protection order or | 1569 |
|
consent agreement is no longer needed or because the terms of the | 1570 |
|
original protection order or consent agreement are no longer | 1571 |
|
appropriate. | 1572 |
| (d) If a protection order or consent agreement is modified or | 1610 |
|
terminated as provided in division (E)(8) of this section, the | 1611 |
|
court shall issue copies of the modified or terminated order or | 1612 |
|
agreement as provided in division (F) of this section. A | 1613 |
|
petitioner may also provide notice of the modification or | 1614 |
|
termination to the judicial and law enforcement officials in any | 1615 |
|
county other than the county in which the order or agreement is | 1616 |
|
modified or terminated as provided in division (N) of this | 1617 |
|
section. | 1618 |
| (9) Any protection order issued or any consent agreement | 1623 |
|
approved pursuant to this section shall include a provision that | 1624 |
|
the court will automatically seal all of the records of the | 1625 |
|
proceeding in which the order is issued or agreement approved on | 1626 |
|
the date the respondent attains the age of nineteen years unless | 1627 |
|
the petitioner provides the court with evidence that the | 1628 |
|
respondent has not complied with all of the terms of the | 1629 |
|
protection order or consent agreement. The protection order or | 1630 |
|
consent agreement shall specify the date when the respondent | 1631 |
|
attains the age of nineteen years. | 1632 |
| (F)(1) A copy of any protection order, or consent agreement, | 1636 |
|
that is issued, approved, modified, or terminated under this | 1637 |
|
section shall be issued by the court to the petitioner, to the | 1638 |
|
respondent, and to all law enforcement agencies that have | 1639 |
|
jurisdiction to enforce the order or agreement. The court shall | 1640 |
|
direct that a copy of an order be delivered to the respondent on | 1641 |
|
the same day that the order is entered. | 1642 |
| As a result of this order or consent agreement, it may be | 1648 |
|
unlawful for you to possess or purchase a firearm, including a | 1649 |
|
rifle, pistol, or revolver, or ammunition pursuant to federal law | 1650 |
|
under 18 U.S.C. 922(g)(8). If you have any questions whether this | 1651 |
|
law makes it illegal for you to possess or purchase a firearm or | 1652 |
|
ammunition, you should consult an attorney." | 1653 |
| (4) Regardless of whether the petitioner has registered the | 1660 |
|
order or agreement in the county in which the officer's agency has | 1661 |
|
jurisdiction pursuant to division (N) of this section, any officer | 1662 |
|
of a law enforcement agency shall enforce a protection order | 1663 |
|
issued or consent agreement approved by any court in this state in | 1664 |
|
accordance with the provisions of the order or agreement, | 1665 |
|
including removing the respondent from the premises, if | 1666 |
|
appropriate. | 1667 |
| (G) Any proceeding under this section shall be conducted in | 1668 |
|
accordance with the Rules of Civil Procedure, except that an order | 1669 |
|
under this section may be obtained with or without bond. An order | 1670 |
|
issued under this section, other than an ex parte order, that | 1671 |
|
grants a protection order or approves a consent agreement, that | 1672 |
|
refuses to grant a protection order or approve a consent agreement | 1673 |
|
that modifies or terminates a protection order or consent | 1674 |
|
agreement, or that refuses to modify or terminate a protection | 1675 |
|
order or consent agreement, is a final, appealable order. The | 1676 |
|
remedies and procedures provided in this section are in addition | 1677 |
|
to, and not in lieu of, any other available civil or criminal | 1678 |
|
remedies. | 1679 |
| (H) The filing of proceedings under this section does not | 1680 |
|
excuse a person from filing any report or giving any notice | 1681 |
|
required by section 2151.421 of the Revised Code or by any other | 1682 |
|
law. When a petition under this section alleges domestic violence | 1683 |
|
against minor children, the court shall report the fact, or cause | 1684 |
|
reports to be made, to a county, township, or municipal peace | 1685 |
|
officer under section 2151.421 of the Revised Code. | 1686 |
| (J) Notwithstanding any provision of law to the contrary and | 1691 |
|
regardless of whether a protection order is issued or a consent | 1692 |
|
agreement is approved by a court of another county or a court of | 1693 |
|
another state, no court or unit of state or local government shall | 1694 |
|
charge any fee, cost, deposit, or money in connection with the | 1695 |
|
filing of a petition pursuant to this section or in connection | 1696 |
|
with the filing, issuance, registration, or service of a | 1697 |
|
protection order or consent agreement, or for obtaining a | 1698 |
|
certified copy of a protection order or consent agreement. | 1699 |
| (2) If any person required to pay child support under an | 1703 |
|
order made under this section on or after April 15, 1985, or | 1704 |
|
modified under this section on or after December 31, 1986, is | 1705 |
|
found in contempt of court for failure to make support payments | 1706 |
|
under the order, the court that makes the finding, in addition to | 1707 |
|
any other penalty or remedy imposed, shall assess all court costs | 1708 |
|
arising out of the contempt proceeding against the person and | 1709 |
|
require the person to pay any reasonable attorney's fees of any | 1710 |
|
adverse party, as determined by the court, that arose in relation | 1711 |
|
to the act of contempt. | 1712 |
| (2) The punishment of a person for contempt of court for | 1721 |
|
violation of a protection order issued or a consent agreement | 1722 |
|
approved under this section does not bar criminal prosecution of | 1723 |
|
the person or a delinquent child proceeding concerning the person | 1724 |
|
for a violation of section 2919.27 of the Revised Code. However, a | 1725 |
|
person punished for contempt of court is entitled to credit for | 1726 |
|
the punishment imposed upon conviction of or adjudication as a | 1727 |
|
delinquent child for a violation of that section, and a person | 1728 |
|
convicted of or adjudicated a delinquent child for a violation of | 1729 |
|
that section shall not subsequently be punished for contempt of | 1730 |
|
court arising out of the same activity. | 1731 |
| (N)(1) A petitioner who obtains a protection order or consent | 1734 |
|
agreement under this section or a temporary protection order under | 1735 |
|
section 2919.26 of the Revised Code may provide notice of the | 1736 |
|
issuance or approval of the order or agreement to the judicial and | 1737 |
|
law enforcement officials in any county other than the county in | 1738 |
|
which the order is issued or the agreement is approved by | 1739 |
|
registering that order or agreement in the other county pursuant | 1740 |
|
to division (N)(2) of this section and filing a copy of the | 1741 |
|
registered order or registered agreement with a law enforcement | 1742 |
|
agency in the other county in accordance with that division. A | 1743 |
|
person who obtains a protection order issued by a court of another | 1744 |
|
state may provide notice of the issuance of the order to the | 1745 |
|
judicial and law enforcement officials in any county of this state | 1746 |
|
by registering the order in that county pursuant to section | 1747 |
|
2919.272 of the Revised Code and filing a copy of the registered | 1748 |
|
order with a law enforcement agency in that county. | 1749 |
| Sec. 4732.141. (A)(1) On or before the thirty-first day of | 1784 |
|
August of each even-numbered year beginning in 1998 and until the | 1785 |
|
requirement set forth in division (A)(2) of this section applies, | 1786 |
|
each person licensed under this chapter by the state board of | 1787 |
|
psychology shall have completed, in the preceding two-year period, | 1788 |
|
not less than twenty hours of continuing education in psychology | 1789 |
|
or the number of hours determined under division (D) of this | 1790 |
|
section. | 1791 |
| (2) On or before the thirty-first day of August of each | 1792 |
|
even-numbered year after the biennium in which this amendment | 1793 |
|
takes effect, each person licensed under this chapter by the state | 1794 |
|
board of psychology shall have completed, in the preceding | 1795 |
|
two-year period, not less than twenty-three hours of continuing | 1796 |
|
education in psychology, including not less than three hours of | 1797 |
|
continuing education in professional conduct and ethics, or the | 1798 |
|
number of hours determined under division (D) of this section. | 1799 |
| (3) Each person subject to division (A)(1) or (2) of this | 1800 |
|
section shall certify to the board, at the time of biennial | 1801 |
|
registration pursuant to section 4732.14 of the Revised Code and | 1802 |
|
on the registration form prescribed by the board under that | 1803 |
|
section, that in the preceding two years the person has completed | 1804 |
|
continuing psychology education in compliance with this section. | 1805 |
|
The board shall adopt rules establishing the procedure for a | 1806 |
|
person to certify to the board and for properly recording with the | 1807 |
|
Ohio psychological association or the state board of education | 1808 |
|
completion of the continuing education. | 1809 |
| (1) It is obtained through a program or course approved by | 1813 |
|
the state board of psychology, the Ohio psychological association, | 1814 |
|
the Ohio association of black psychologists, or the American | 1815 |
|
psychological association or, in the case of a licensed school | 1816 |
|
psychologist or a licensed psychologist with a school psychology | 1817 |
|
specialty, by the state board of education, the Ohio school | 1818 |
|
psychologists association, or the national association of school | 1819 |
|
psychologists; | 1820 |
| The state board of psychology may disapprove any program or | 1825 |
|
course that has been approved by the Ohio psychological | 1826 |
|
association, Ohio association of black psychologists, American | 1827 |
|
psychological association, state board of education, Ohio school | 1828 |
|
psychologists association, or national association of school | 1829 |
|
psychologists. Such program or course may not be applied to meet | 1830 |
|
the requirement of division (A) of this section. | 1831 |
| (C) Each person licensed under this chapter shall be given a | 1832 |
|
sufficient choice of continuing education programs or courses in | 1833 |
|
psychology, including programs or courses on professional conduct | 1834 |
|
and ethics when required under division (A)(2) of this section, to | 1835 |
|
ensure that the person has had a reasonable opportunity to | 1836 |
|
participate in programs or courses that are relevant to the | 1837 |
|
person's practice in terms of subject matter and level. | 1838 |
| (E) Each person licensed under this chapter shall retain in | 1842 |
|
the person's records for at least three years the receipts, | 1843 |
|
vouchers, or certificates necessary to document completion of | 1844 |
|
continuing psychology education. Proof of continuing psychology | 1845 |
|
education recorded with the Ohio psychological association or the | 1846 |
|
state board of education in accordance with the procedures | 1847 |
|
established pursuant to division (A) of this section shall serve | 1848 |
|
as sufficient documentation of completion. With cause, the board | 1849 |
|
may request the documentation from the person. The board also may | 1850 |
|
request the documentation from persons licensed under this chapter | 1851 |
|
selected at random, without cause. The board may review any | 1852 |
|
continuing psychology education records recorded by the Ohio | 1853 |
|
psychological association or the state board of education. | 1854 |
| Sec. 4757.33. (A) Except as provided in division (B) of this | 1867 |
|
section, each person who holds a license or certificate of | 1868 |
|
registration issued under this chapter shall complete during the | 1869 |
|
period that the license or certificate is in effect not less than | 1870 |
|
thirty clock hours of continuing professional education as a | 1871 |
|
condition of receiving a renewed license or certificate. To have a | 1872 |
|
lapsed license or certificate of registration restored, a person | 1873 |
|
shall complete the number of hours of continuing education | 1874 |
|
specified by the counselor, social worker, and marriage and family | 1875 |
|
therapist board in rules it shall adopt in accordance with Chapter | 1876 |
|
119. of the Revised Code. | 1877 |
| In the case of a social worker licensed by virtue of | 1888 |
|
receiving, prior to October 10, 1992, a baccalaureate degree in a | 1889 |
|
program closely related to social work, as a condition of the | 1890 |
first renewal of the license, the social worker mustshall | 1891 |
|
complete at an accredited educational institution a minimum of | 1892 |
|
five semester hours of social work graduate or undergraduate | 1893 |
|
credit, or their equivalent, that is acceptable to the committee | 1894 |
|
and includes a course in social work theory and a course in social | 1895 |
|
work methods. | 1896 |