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|
As Introduced
122nd General Assembly
Regular Session
1997-1998 | S. B. No. 1 |
SENATORS KEARNS-DIX-OELSLAGER-B. JOHNSON-McLIN-
SHEERER-SWEENEY-WHITE
A BILL
To amend sections 737.11, 1901.18, 1901.19, 1907.18, 2919.25, 2919.26,
2919.27,
2919.271, 2935.032, 2937.23, 3113.31, and 3113.33 and to enact section
2919.272 of the Revised Code relative to the issuance and enforcement of
temporary protection orders issued in domestic violence
situations, protection orders and consent agreements issued or
approved by a court of domestic relations, and protection orders
of those types issued by courts of another state and to maintain
the provisions of this act on and after July 1, 1997, by
amending the versions of sections 1901.19 and 3113.31 of the
Revised Code that take effect on that date.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 737.11, 1901.18, 1901.19, 1907.18,
2919.25, 2919.26, 2919.27, 2919.271, 2935.032, 2937.23, 3113.31, and 3113.33
be amended and
section 2919.272 of the Revised Code be enacted to read as
follows:
Sec. 737.11. The police force of a municipal corporation
shall preserve the peace, protect persons and property, and obey
and enforce all ordinances of the legislative authority of the
municipal corporation, all criminal laws of the state and the
United States, all court orders issued and consent agreements
approved pursuant to sections 2919.26 and 3113.31 of the Revised
Code, and all anti-stalking protection orders issued pursuant to
section 2903.213 of the Revised Code, AND PROTECTION ORDERS ISSUED
BY COURTS OF ANOTHER STATE, AS DEFINED IN SECTION 2919.27 of the Revised Code. The fire
department shall
protect the lives and property of the people in case of fire.
Both the police and fire departments shall perform any other
duties that are provided by ordinance. The police and fire
departments in every city shall be maintained under the civil
service system.
A chief or officer of a police force of a municipal
corporation may participate, as the director of an organized
crime task force established under section 177.02 of the Revised
Code or as a member of the investigatory staff of such a task
force, in an investigation of organized criminal activity in any
county or counties in this state under sections 177.01 to 177.03
of the Revised Code.
Sec. 1901.18. (A) Except as otherwise provided in this
division or section 1901.181 of the Revised Code, subject to the
monetary jurisdiction of municipal courts as set forth in section
1901.17 of the Revised Code, a municipal court has original
jurisdiction within its territory in all of the following actions
or proceedings and to perform all of the following functions:
(1) In any civil action, of whatever nature or remedy, of
which judges of county courts have jurisdiction;
(2) In any action or proceeding at law for the recovery of
money or personal property of which the court of common pleas has
jurisdiction;
(3) In any action at law based on contract, to determine,
preserve, and enforce all legal and equitable rights involved in
the contract, to decree an accounting, reformation, or
cancellation of the contract, and to hear and determine all legal
and equitable remedies necessary or proper for a complete
determination of the rights of the parties to the contract;
(4) In any action or proceeding for the sale of personal
property under chattel mortgage, lien, encumbrance, or other
charge, for the foreclosure and marshalling of liens on
personal property of that nature, and for the rendering of personal
judgment in
the action or proceeding;
(5) In any action or proceeding to enforce the collection
of its own judgments or the judgments rendered by any court
within the territory to which the municipal court has succeeded,
and to subject the interest of a judgment debtor in personal
property to satisfy judgments enforceable by the municipal court;
(6) In any action or proceeding in the nature of
interpleader;
(7) In any action of replevin;
(8) In any action of forcible entry and detainer;
(9) In any action concerning the issuance and enforcement
of temporary protection orders pursuant to section 2919.26 of the
Revised Code or anti-stalking protection orders pursuant to
section 2903.213 of the Revised Code OR THE ENFORCEMENT OF PROTECTION
ORDERS ISSUED BY COURTS OF ANOTHER STATE, AS DEFINED IN SECTION 2919.27
of the Revised Code;
(10) If the municipal court has a housing or environmental
division, in any action over which the division is given
jurisdiction by section 1901.181 of the Revised Code, provided
that, except as specified in division (C)(B) of that section,
no
judge of the court other than the judge of the division shall
hear or determine any action over which the division has
jurisdiction;
(11) In any action brought pursuant to division (I) of
section 3733.11 of the Revised Code, if the residential premises
that are the subject of the action are located within the
territorial jurisdiction of the court;
(12) In any civil action as described in division (B)(1)
of section 3767.41 of the Revised Code that relates to a public
nuisance, and, to the extent any provision of this chapter
conflicts or is inconsistent with a provision of that section,
the provision of that section shall control in the civil action.
(B) The Cleveland municipal court also
shall have
jurisdiction within its territory in all of the following actions
or proceedings and to perform all of the following functions:
(1) In all actions and proceedings for the sale of real
property under lien of a judgment of the municipal court or a
lien for machinery, material, or fuel furnished or labor
performed,
irrespective of amount, and, in those actions and
proceedings, the court may proceed
to foreclose and marshal all liens and all vested or contingent
rights, to appoint a receiver, and to render personal judgment
irrespective of amount in favor of any party.
(2) In all actions for the foreclosure of a mortgage on
real property given to secure the payment of money or the
enforcement of a specific lien for money or other encumbrance or
charge on real property, when the amount claimed by the plaintiff
does not exceed fifteen thousand dollars
and the real property is situated within the territory, and, in those
actions, the court may
proceed to foreclose all liens and all vested and contingent
rights and may proceed to render judgments
and make
findings and orders between the parties in the same manner and
to the same extent as in similar actions in the court of
common
pleas.
(3) In all actions for the recovery of real property
situated within the territory to the same extent as courts of
common pleas have jurisdiction;
(4) In all actions for injunction to prevent or terminate
violations of the ordinances and regulations of the city of
Cleveland enacted or promulgated under the police power of the
city of Cleveland, pursuant to Section 3 of Article XVIII, Ohio
Constitution, over which the court of common pleas has or may
have jurisdiction, and, in those
actions, the court may proceed to
render judgments and make findings and
orders in the
same manner and to the same extent as in similar actions
in the
court of common pleas.
Sec. 1901.19. (A) Subject to the monetary jurisdiction of
municipal courts as set forth in section 1901.17 of the Revised
Code, a municipal court and a housing or environmental division
of a municipal court have jurisdiction within its territory in
all of the following actions or proceedings and to perform all of
the following functions:
(1) To compel attendance of witnesses in any pending
action or proceeding in the same manner as the court of common
pleas;
(2) To issue executions on its own judgments;
(3) In any legal or equitable action or proceeding, to
enforce the collection of its own judgments;
(4) In any civil action or proceeding at law in which the
subject matter of the action or proceeding is located within the
territory or when the defendant or any of the defendants resides
or is served with summons within the territory;
(5) To issue and enforce any order of attachment;
(6) In any action or proceeding in the nature of
creditors' bills, and in aid of execution, to subject the
interest of a judgment debtor in personal property to the payment
of a judgment of the court;
(7) To issue and enforce temporary protection orders
pursuant to section 2919.26 of the Revised Code and anti-stalking
protection orders pursuant to section 2903.213 of the Revised
Code AND TO ENFORCE PROTECTION ORDERS ISSUED BY COURTS OF ANOTHER STATE, AS
DEFINED IN SECTION 2919.27 of the Revised Code.
(B) Subject to the limitation set forth in this division,
a municipal court or a housing or environmental division of a
municipal court has jurisdiction outside its territory in a
proceeding in aid of execution to subject to the payment of the
judgment the interest in personal property of a judgment debtor
under a judgment rendered by the court or division. The
jurisdiction provided in this division includes the county or
counties in which the territory of the court or division in
question is situated and any county that is contiguous to that in
which the court or division is located. A court or division that
has jurisdiction under this division outside its territory in a
proceeding in aid of execution has the same powers, duties, and
functions relative to the proceeding that it has relative to
proceedings in aid of execution over which it has jurisdiction
other than under this division.
(C)(1) In any action for garnishment of personal earnings
brought in a municipal court, the court has jurisdiction to serve
process pursuant to section 2716.05 of the Revised Code upon a
garnishee who resides in a county contiguous to that in which the
court is located.
(2) In any action for garnishment of property, other than
personal earnings, brought in a municipal court under section
2716.11 of the Revised Code, the court has jurisdiction to serve
process pursuant to section 2716.13 of the Revised Code upon a
garnishee who resides in a county contiguous to that in which the
court is located.
(3) Whenever a motion for attachment is filed in a
municipal court under section 2715.03 of the Revised Code, the
court has jurisdiction to serve process pursuant to section
2715.091 of the Revised Code upon a garnishee who resides in a
county contiguous to that in which the court is located.
(D) The municipal court of Cleveland also has jurisdiction
in all actions and proceedings in the nature of creditors' bills,
and in aid of execution to subject the interests of a judgment
debtor in real or personal property to the payment of a judgment
of the court. In such actions and proceedings, the court may
proceed to marshal and foreclose all liens on the property
irrespective of the amount of the lien, and all vested or
contingent rights in the property.
(E) THIS IS AN INTERIM SECTION EFFECTIVE UNTIL JULY 1,
1997.
Sec. 1907.18. (A) County court judges, within and
coextensive with their respective counties, have jurisdiction and
authority to:
(1) Administer an oath authorized or required by law to be
administered;
(2) Take acknowledgments of instruments of writing;
(3) Issue subpoenas to compel the attendance of witnesses
to give evidence in causes or matters pending before the judges,
or for the purpose of taking depositions or perpetuating
testimony;
(4) Proceed against sheriffs, deputy sheriffs, and
constables failing to make return, making false return, or
failing to pay over money collected on execution issued by the
judges;
(5) Try actions against other county court judges for
refusing or neglecting to pay over moneys collected in their
official capacity when the amount claimed does not exceed five
hundred dollars. This division does not deny or impair any
remedy provided by law in such a case by suit on the official
bond of such a county court judge, or by amercement or otherwise,
for neglect or failure to pay over money so collected.
(6) Hear actions concerning the issuance and enforcement
of, issue, and enforce temporary protection orders pursuant to
section 2919.26 of the Revised Code and anti-stalking protection
orders pursuant to section 2903.213 of the Revised Code;
(7) HEAR ACTIONS CONCERNING THE ENFORCEMENT OF PROTECTION ORDERS
ISSUED BY COURTS OF ANOTHER STATE, AS DEFINED IN SECTION 2919.27 of the Revised Code, AND TO
ENFORCE THOSE PROTECTION ORDERS.
(B) County court judges may punish contempts, and exercise
powers necessary to give effect to the jurisdiction of the court
and to enforce its judgments, orders, and decrees, as provided in
this chapter or, in the absence of a provision in this chapter,
in a manner authorized by the Revised Code or common law for the
judges of the courts of common pleas.
(C) County court judges have jurisdiction and authority to
perform marriage ceremonies anywhere in the state.
Sec. 2919.25. (A) No person shall knowingly cause or
attempt to cause physical harm to a family or household member.
(B) No person shall recklessly cause serious physical harm
to a family or household member.
(C) No person, by threat of force, shall knowingly cause a
family or household member to believe that the offender will
cause imminent physical harm to the family or household member.
(D) Whoever violates this section is guilty of domestic
violence. A violation of division (C) of this section is a
misdemeanor of the fourth degree. A violation of division (A) or
(B) of this section is a misdemeanor of the first degree. If the
offender previously has been convicted of domestic violence or a
violation of section 2903.11, 2903.12, 2903.13, 2903.211, or
2911.211 of the Revised Code involving a person who was a family
or household member at the time of the violation, a violation of
division (A) or (B) of this section is a felony of the
fifth degree and a violation of division (C) of this section is a
misdemeanor of the third degree.
(E) As used in this section and sections 2919.251 and
2919.26 of the Revised Code:
(1) "Family or household member" means any of the
following:
(a) Any of the following who is residing or has resided with the offender:
(i) A spouse, a person living as a spouse, or a former
spouse of the offender;
(ii) A parent or a child of the offender, or another person
related by consanguinity or affinity to the offender;
(iii) A parent or a child of a spouse, person living as a
spouse, or former spouse of the offender, or another person
related by consanguinity or affinity to a spouse, person living
as a spouse, or former spouse of the offender.
(b) The ALLEGED natural parent of any child of whom the offender is
the other natural
parent.
(2) "Person living as a spouse" means a person who is
living or has lived with the offender in a common law marital
relationship, who otherwise is cohabiting with the offender, or who
otherwise has cohabited with the offender within one year FIVE
YEARS prior
to the date of the alleged commission of the act in question.
Sec. 2919.26. (A)(1) Upon the filing of a complaint that
alleges a violation of section 2919.25 of the Revised Code, a violation of a
municipal ordinance substantially similar to that section, a
violation of section 2903.11, 2903.12, 2903.13, 2903.211, or
2911.211 of the Revised Code that involves a person who was a family
or household member at the time of the violation, or a violation of a
municipal ordinance that is substantially similar to section 2903.13,
2903.211, or 2911.211 of the Revised Code that involves a person who was a
family or household member at the time of the violation, the complainant
may file, or, if in an emergency the complainant is unable to
file, a person who made an arrest for the alleged violation under
section 2935.03 of the Revised Code may file on behalf of the
complainant, a motion that requests the issuance of a temporary
protection order as a pretrial condition of release of the
alleged offender, in addition to any bail set under Criminal Rule
46. The motion shall be filed with the clerk of the court that
has jurisdiction of the case at any time after the filing of the
complaint.
(2) For purposes of section 2930.09 of the Revised Code, all stages of a
proceeding arising out of a violation specified in division (A)(1) of this
section, including all proceedings on a motion for a temporary protection
order, are critical stages of the case, and a complainant may be accompanied
by a victim advocate or another person to provide support to the victim as
provided in that section.
(B) The motion shall be prepared on a form that is
provided by the clerk of the court, which form shall be
substantially as follows:
"MOTION FOR TEMPORARY PROTECTION ORDER
.......................... Court
Name and address of court
State of Ohio
v.
No. .............
.................
Name of Defendant
(name of person), the complainant in the above-captioned case,
moves the court to issue a temporary protection order containing
terms designed to ensure the safety and protection of the
complainant and other family or household members, in relation to
the named defendant, pursuant to its authority to issue such an
order under section 2919.26 of the Revised Code.
A complaint, a copy of which has been attached to this
motion, has been filed in this court charging the named defendant
with at least one of the following violations of section 2919.25 of the
Revised Code that constitutes "domestic violence" or a municipal ordinance
that is substantially similar to that section: knowingly causing or
attempting to cause physical harm to a
family or household member; recklessly causing serious physical
harm to a family or household member; or, by threat of force,
knowingly causing a family or household member to believe that he
THE NAMED DEFENDANT would cause imminent physical harm to that family
or household member; charging the named defendant
with felonious assault, aggravated assault, or assault that involved a family
or household member in violation of section 2903.11, 2903.12, or 2903.13 of
the Revised Code; charging
the named defendant with menacing by stalking or aggravated
trespass that involves a family or household member in violation of section
2903.211 or 2911.211 of the Revised Code; or charging the named defendant with
a violation of a municipal ordinance that is substantially similar to section
2903.13, 2903.211, or 2911.211 of the Revised Code that involves a family or
household member.
I understand that I must appear before the court, at a time
set by the court within twenty-four hours after the filing of
this motion, for a hearing on the motion or that, if I am unable to appear
because of hospitalization or a medical condition resulting from the offense
alleged in the complaint, a person who can provide information about my need
for a temporary protection order must appear before the court in lieu of my
appearing in court. I understand that any temporary
protection order granted pursuant to this motion is a pretrial
condition of release and is effective only until the disposition
of the criminal proceeding arising out of the attached complaint,
or the issuance of a civil protection order or the approval of a
consent agreement, arising out of the same activities as those
that were the basis of the complaint, under section 3113.31 of
the Revised Code.
..........................................
Signature of complainant
(or signature of the arresting officer who filed the motion on
behalf of the complainant)
..........................................
Address of complainant (or office address of the arresting
officer who filed the motion on behalf of the complainant)"
(C) As soon as possible after the filing of a motion that
requests the issuance of a temporary protection order, but not
later than twenty-four hours after the filing of the motion, the
court shall conduct a hearing to determine whether to issue the
order. The person who requested the order shall appear before
the court and provide the court with the information that it
requests concerning the basis of the motion. If the person who requested the
order is unable to appear and if the court finds that the failure to appear is
because of the person's hospitalization or medical condition resulting from
the offense alleged in the complaint, another person who is able to provide
the court with the information it requests may appear in lieu of the person
who requested the order. If the court finds that the safety and protection of
the complainant or other family
or household member of the alleged offender may be impaired by
the continued presence of the alleged offender, the court may
issue a temporary protection order, as a pretrial condition of
release, that contains terms designed to ensure the safety and
protection of the complainant or family or household member,
including a requirement that the alleged offender refrain from
entering the residence, school, business, or place of employment
of the complainant or family or household member.
IF THE ORDER INCLUDES A REQUIREMENT THAT THE ALLEGED OFFENDER REFRAIN FROM
ENTERING THE RESIDENCE, SCHOOL, BUSINESS, OR PLACE OF EMPLOYMENT OF THE
COMPLAINANT OR FAMILY OR HOUSEHOLD MEMBER, THE
ORDER SHALL STATE CLEARLY THAT THE ORDER CANNOT BE WAIVED OR
NULLIFIED BY AN INVITATION TO THE ALLEGED OFFENDER FROM THE
COMPLAINANT OR FAMILY OR HOUSEHOLD MEMBER TO ENTER THE
RESIDENCE, SCHOOL, BUSINESS, OR PLACE OF EMPLOYMENT OR BY THE
ALLEGED OFFENDER'S ENTRY INTO ONE OF THOSE PLACES OTHERWISE UPON
THE CONSENT OF THE COMPLAINANT OR FAMILY OR HOUSEHOLD
MEMBER.
(D)(1) Upon the filing of a complaint that alleges a
violation of section 2919.25 of the Revised Code, a violation of a municipal
ordinance that is substantially similar to that section, a violation
of section 2903.11, 2903.12, 2903.13, 2903.211, or 2911.211 of
the Revised Code that involves a person who was a family or household
member at the time of the violation, or a violation of a municipal ordinance
that is substantially similar to section 2903.13, 2903.211, or 2911.211 of the
Revised Code that involves a person who was a family or household member at
the time of the violation, the court, upon its own
motion, may issue a temporary protection order as a pretrial
condition of release if it finds that the safety and protection
of the complainant or other family or household member of the
alleged offender may be impaired by the continued presence of the
alleged offender.
(2) If the court issues a temporary protection order under
this section as an ex parte order, it shall conduct, as soon as
possible after the issuance of the order, a hearing in the presence of the
alleged offender not later than the next day on which the court is scheduled
to conduct business after the day on which the alleged offender was arrested
or at the time of the appearance of the alleged offender pursuant to summons
to determine whether the order should remain in effect, be modified, or be
revoked. The hearing shall be conducted under the standards set
forth in division (C) of this section.
(3) An order issued under this division shall contain only
those terms authorized in orders issued under division (C) of
this section.
(E) A temporary protection order that is issued as a
pretrial condition of release under this section:
(1) Is in addition to, but shall not be construed as a
part of, any bail set under Criminal Rule 46;
(2) Is effective only until the disposition of the
criminal proceeding arising out of the complaint upon which it is
based, or the issuance of a protection order or the approval of a
consent agreement, arising out of the same activities as those
that were the basis of the complaint, under section 3113.31 of
the Revised Code;
(3) Shall not be construed as a finding that the alleged
offender committed the alleged offense, and shall not be
introduced as evidence of the commission of the offense at the
trial of the alleged offender on the complaint upon which the
order is based.
(F) A person who meets the criteria for bail under
Criminal Rule 46 and who, if required to do so pursuant to that
rule, executes or posts bond or deposits cash or securities as
bail, shall not be held in custody pending a hearing before the
court on a motion requesting a temporary protection order.
(G)(1) A copy of any temporary protection order that is
issued under this section shall be issued by the court to the
complainant, to the defendant, and to all law enforcement
agencies that have jurisdiction to enforce the order. The court
shall direct that a copy of the order be delivered to the
defendant on the same day that the order is entered.
(2) All law enforcement agencies shall establish and
maintain an index for the temporary protection orders delivered
to the agencies pursuant to division (G)(1) of this section.
With respect to each order delivered, each agency shall note on
the index, the date and time of the receipt of the order by the
agency.
(3) A complainant who obtains a temporary protection
order under this section may provide notice of the issuance of
the temporary protection order to the judicial and law
enforcement officials in any county other than the county in
which the order is issued by registering that order in the other
county in accordance with division (N) of section 3113.31
of the Revised Code and filing a copy of the
registered protection order with a law enforcement agency in the
other county in accordance with that division.
(4) Any officer of a law enforcement agency shall enforce
a temporary protection order issued by any court in this state in accordance
with the provisions of
the order, including removing the defendant from the premises, regardless of
whether the order is registered in the county in which the officer's agency
has jurisdiction as authorized by division (G)(3) of this section.
(H) Upon a violation of a temporary protection order, the
court may issue another temporary protection order, as a pretrial
condition of release, that modifies the terms of the order that
was violated.
(I)(1) As used in divisions (I)(1) and
(2) of this section, "defendant" means a person who is
alleged in a complaint to have committed a violation of the type
described in division (A) of this section.
(2) If a complaint is filed that alleges that a person
committed a violation of the type described in division
(A) of this section, the court may not issue a temporary
protection order under this section that requires the complainant
or another family or household member of the defendant to do or
refrain from doing an act that the court may require the
defendant to do or refrain from doing under a temporary
protection order unless both of the following apply:
(a) The defendant has filed a separate
complaint that alleges that the complainant or other family or
household member in question who would be required under the
order to do or refrain from doing the act committed a violation
of the type described in division (A) of this section.
(b) The court determines that both the
complainant or other family or household member in question who
would be required under the order to do or refrain from doing the
act and the defendant acted primarily as aggressors, that neither
the complainant or other family or household member in question
who would be required under the order to do or refrain from doing
the act nor the defendant acted primarily in self-defense, and,
in accordance with the standards and criteria of this section as
applied in relation to the separate complaint filed by the
defendant, that it should issue the order to require the
complainant or other family or household member in question to do
or refrain from doing the act.
(J) Notwithstanding any provision of law to the
contrary, no court shall charge a fee for the filing of a motion
pursuant to this section.
(K) As used in this section, "victim
advocate" means a person who provides support and assistance
for a victim of an offense during court proceedings.
Sec. 2919.27. (A) No person shall recklessly violate any THE
terms of a ANY OF THE FOLLOWING:
(1) A protection order issued or consent agreement approved
pursuant to section 2919.26 or 3113.31 of the Revised Code or
the terms of an;
(2) AN anti-stalking protection order issued pursuant to section
2903.213 of the Revised Code;
(3) A PROTECTION ORDER ISSUED BY A COURT OF ANOTHER STATE.
(B) Whoever violates this section is guilty of violating a
protection order or consent agreement or anti-stalking
protection order.
(1) If the offense involves a violation of
a protection order or consent agreement DIVISION (A)(1) OR
(3) OF THIS SECTION, one of the following
applies:
(a) Except as otherwise provided in division
(B)(1)(b) of this section, violating a protection
order or consent agreement or anti-stalking
protection order is a misdemeanor of the first degree.
(b) If the offender previously has been convicted
of or pleaded guilty to two or more violations of section 2903.211
or 2911.211 of the Revised Code that involve the same person who is the
subject of the protection order or consent agreement or previously has been
convicted
of or pleaded guilty to one or more violations of this section, violating a
protection order or consent agreement or anti-stalking protection order
is a felony of the fifth degree.
(2) If the offense involves a violation of an anti-stalking
protection order DIVISION (A)(2) OF THIS SECTION, one of
the following applies:
(a) Except as otherwise provided in division
(B)(2)(b) of this section, violating a protection
order or consent agreement or anti-stalking protection order is a
misdemeanor of the first degree.
(b) If the offender previously has been convicted of or pleaded
guilty to two or more violations of this section OR OF FORMER SECTION
2919.27 of the Revised Code involving an anti-stalking
protection order, two or more violations of section 2903.21, 2903.211,
2903.22, or 2911.211 of the Revised Code that involve the
same person who is the subject of the anti-stalking protection
order, or two or more violations of section 2903.214 of the Revised Code
as it existed prior to the effective date of this amendment
JULY 1, 1996,
violating a protection order or consent agreement or anti-stalking
protection order is a felony of the fifth degree.
(C) IT IS AN AFFIRMATIVE DEFENSE TO
A CHARGE UNDER DIVISION (A)(3)
OF THIS SECTION THAT THE PROTECTION ORDER ISSUED BY A COURT OF
ANOTHER STATE DOES NOT COMPLY WITH THE REQUIREMENTS SPECIFIED IN
18
U.S.C.
2265(b) FOR A PROTECTION ORDER THAT MUST BE
ACCORDED FULL FAITH AND CREDIT BY A COURT OF THIS STATE.
(D) AS USED IN THIS
SECTION, "PROTECTION ORDER ISSUED BY A COURT OF ANOTHER STATE"
MEANS AN INJUNCTION OR OTHER ORDER ISSUED BY A CRIMINAL
COURT OF ANOTHER STATE FOR THE PURPOSE OF PREVENTING VIOLENT OR
THREATENING ACTS OR HARASSMENT AGAINST, CONTACT OR COMMUNICATION
WITH, OR PHYSICAL PROXIMITY TO ANOTHER PERSON, INCLUDING A
TEMPORARY ORDER AND A FINAL ORDER ISSUED IN AN INDEPENDENT
ACTION OR AS A PENDENTE LITE ORDER IN A PROCEEDING FOR OTHER
RELIEF, AND MEANS AN INJUNCTION OR ORDER OF THAT NATURE ISSUED BY A CIVIL
COURT OF ANOTHER STATE
IF THE COURT ISSUED IT IN RESPONSE TO A COMPLAINT, PETITION, OR
MOTION FILED BY OR ON BEHALF OF A PERSON SEEKING PROTECTION.
"PROTECTION ORDER ISSUED BY A COURT OF ANOTHER STATE" DOES NOT
INCLUDE AN ORDER FOR SUPPORT OR FOR CUSTODY OF A CHILD.
Sec. 2919.271. (A)(1) If a defendant is charged with a
violation of section 2919.27 of the Revised Code or of a
municipal ordinance that is substantially similar to that
section, the court may order an evaluation of the mental
condition of the defendant if the court determines that either of the
following criteria apply:
(a) If the alleged violation is a violation of a protection order
issued or consent agreement approved pursuant to section 2919.26
or 3113.31 of the Revised Code, that the violation of the
protection order or consent agreement allegedly involves conduct
by the defendant that caused physical harm to the person or
property of a family or household member covered by the order or
agreement or conduct by the defendant that caused a family or
household member to believe that the defendant would cause
physical harm to that member or that member's property.
(b) If the alleged violation is a violation of an anti-stalking
protection order issued pursuant to section 2903.213 of the Revised
Code OR A PROTECTION ORDER ISSUED BY A COURT OF ANOTHER STATE, that the
violation of the anti-stalking protection order
allegedly involves conduct by the defendant that caused physical harm to the
person or property of the person covered by the order or conduct by the
defendant that caused the person covered by the order to believe that the
defendant would cause physical harm to that person or that person's property.
(2) The evaluation shall be completed no later than thirty days from
the date the order is entered pursuant to division (A)(1) of this
section. In that order, the court shall do either of the
following:
(a) Order that the evaluation of the mental condition of
the defendant be preceded by an examination conducted either by a
forensic center that is designated by the department of mental
health to conduct examinations and make evaluations of defendants
charged with violations of section 2919.27 of the Revised Code or
of substantially similar municipal ordinances in the area in
which the court is located, or by any other program or facility
that is designated by the department of mental health or the
department of mental retardation and developmental disabilities
to conduct examinations and make evaluations of defendants
charged with violations of section 2919.27 of the Revised Code or
of substantially similar municipal ordinances, and that is
operated by either department or is certified by either
department as being in compliance with the standards established
under division (J) of section 5119.01 of the Revised Code or
division (C) of section 5123.04 of the Revised Code.
(b) Designate a center, program, or facility other than
one designated by the department of mental health or the
department of mental retardation and developmental disabilities,
as described in division (A)(2)(a) of this
section, to conduct the evaluation and preceding examination of
the mental condition of the defendant.
Whether the court acts pursuant to division (A)(2)(a) or (b)
of this section, the court may designate examiners other than the
personnel of the center, program, facility, or department
involved to make the evaluation and preceding examination of the
mental condition of the defendant.
(B) If the court considers that additional evaluations of
the mental condition of a defendant are necessary following the
evaluation authorized by division (A) of this section, the court
may order up to two additional similar evaluations. These
evaluations shall be completed no later than thirty days from the
date the applicable court order is entered. If more than one
evaluation of the mental condition of the defendant is ordered
under this division, the prosecutor and the defendant may
recommend to the court an examiner whom each prefers to perform
one of the evaluations and preceding examinations.
(C)(1) The court may order a defendant who has been
released on bail to submit to an examination under division (A)
or (B) of this section. The examination shall be conducted
either at the detention facility in which the defendant would
have been confined if the defendant had not been released on
bail, or, if so specified by the center, program, facility, or examiners
involved, at the premises of the center, program, or facility.
Additionally, the examination shall be conducted at the times
established by the examiners involved. If such a defendant
refuses to submit to an examination or a complete examination as
required by the court or the center, program, facility, or
examiners involved, the court may amend the conditions of the
bail of the defendant and order the sheriff to take the defendant into
custody and deliver the defendant to the detention facility in
which the defendant would have been confined if the defendant had
not been released on bail,
or, if so specified by the center, program, facility, or examiners
involved, to the premises of the center, program, or facility,
for purposes of the examination.
(2) A defendant who has not been released on bail shall be
examined at the detention facility in which the defendant is
confined or, if so specified by the
center, program, facility, or examiners involved, at the premises
of the center, program, or facility.
(D) The examiner of the mental condition of a defendant
under division (A) or (B) of this section shall file a written
report with the court within thirty days after the entry of an
order for the evaluation of the mental condition of the
defendant. The report shall contain the findings of the
examiner; the facts in reasonable detail on which the findings
are based; the opinion of the examiner as to the mental condition
of the defendant; the opinion of the examiner as to whether the
defendant represents a substantial risk of physical harm to other
persons as manifested by evidence of recent homicidal or other
violent behavior, evidence of recent threats that placed other
persons in reasonable fear of violent behavior and serious
physical harm, or evidence of present dangerousness; and the
opinion of the examiner as to the types of treatment or
counseling that the defendant needs. The court shall provide
copies of the report to the prosecutor and defense counsel.
(E) The costs of any evaluation and preceding examination
of a defendant that is ordered pursuant to division (A) or (B) of
this section shall be taxed as court costs in the criminal case.
(F) If the examiner considers it necessary in order to make
an accurate evaluation of the mental condition of a defendant, an
examiner under division (A) or (B) of this section may request
any family or household member of the defendant to provide the
examiner with information. A family or household member may, but
is not required to, provide information to the examiner upon
receipt of such a request.
(G) As used in this section:
(1) "Bail" includes a recognizance.
(2) "Examiner" means a psychiatrist, a licensed social
worker at the independent practice level who is employed by a
forensic center that is certified as being in compliance with the
standards established under division (J) of section 5119.01 or
division (C) of section 5123.04 of the Revised Code, a licensed
counselor with clinical endorsement who is employed at a forensic
center that is certified as being in compliance with such
standards, or a licensed clinical psychologist, except that in
order to be an examiner, a licensed clinical psychologist shall
meet the criteria of division (I)(1) of section 5122.01 of the
Revised Code or be employed to conduct examinations by the
department of mental health or by a forensic center certified as
being in compliance with the standards established under division
(J) of section 5119.01 or division (C) of section 5123.04 of the
Revised Code that is designated by the department of mental
health.
(3) "Family or household member" has the same meaning as
in section 2919.25 of the Revised Code.
(4) "Prosecutor" has the same meaning as in section
2935.01 of the Revised Code.
(5) "Psychiatrist" and "licensed clinical
psychologist" have the same meanings as in section
5122.01 of the Revised Code.
(6) "PROTECTION ORDER ISSUED BY A COURT OF ANOTHER STATE" HAS THE
SAME MEANING AS IN SECTION 2919.27 of the Revised Code.
Sec. 2919.272. (A) AS USED IN THIS SECTION, "PROTECTION ORDER
ISSUED BY A COURT OF ANOTHER STATE" HAS THE SAME MEANING AS IN SECTION 2919.27
of the Revised Code.
(B) A PERSON WHO HAS OBTAINED A PROTECTION ORDER ISSUED BY A
COURT
OF
ANOTHER STATE MAY PROVIDE NOTICE OF THE ISSUANCE OF THE ORDER TO
JUDICIAL AND LAW ENFORCEMENT OFFICIALS IN A COUNTY OF THIS STATE
BY REGISTERING THE ORDER IN THAT COUNTY AND FILING A COPY OF THE
REGISTERED ORDER WITH A LAW ENFORCEMENT AGENCY IN THAT COUNTY.
TO REGISTER THE ORDER, THE PERSON SHALL OBTAIN A CERTIFIED COPY
OF THE ORDER FROM THE CLERK OF THE COURT THAT ISSUED THE ORDER
AND PRESENT THAT CERTIFIED COPY TO THE CLERK OF THE COURT OF
COMMON PLEAS OR THE CLERK OF A MUNICIPAL COURT OR COUNTY COURT
IN THE COUNTY IN WHICH THE ORDER IS TO BE REGISTERED. UPON
ACCEPTING THE CERTIFIED COPY OF THE ORDER FOR REGISTRATION, THE
CLERK SHALL PLACE AN ENDORSEMENT OF REGISTRATION ON THE ORDER
AND GIVE THE PERSON A COPY OF THE ORDER THAT BEARS PROOF OF
REGISTRATION. THE PERSON THEN MAY FILE WITH A LAW ENFORCEMENT
AGENCY IN THAT COUNTY A COPY OF THE ORDER THAT BEARS PROOF OF
REGISTRATION.
(C) THE CLERK OF EACH
COURT OF COMMON PLEAS AND THE CLERK OF EACH MUNICIPAL COURT AND
COUNTY COURT SHALL MAINTAIN A REGISTRY OF CERTIFIED COPIES OF
PROTECTION ORDERS ISSUED BY COURTS OF ANOTHER STATE THAT HAVE
BEEN REGISTERED WITH THE CLERK. EACH LAW ENFORCEMENT AGENCY
SHALL ESTABLISH AND MAINTAIN A REGISTRY FOR PROTECTION ORDERS
DELIVERED TO THE AGENCY PURSUANT TO THIS SECTION. THE AGENCY
SHALL NOTE IN THE REGISTRY THE DATE AND TIME THAT THE AGENCY
RECEIVED AN ORDER.
(D) AN OFFICER OF A LAW
ENFORCEMENT AGENCY SHALL ENFORCE A PROTECTION ORDER ISSUED BY A
COURT OF ANOTHER STATE IN ACCORDANCE WITH THE PROVISIONS OF THE
ORDER, INCLUDING REMOVING THE OFFENDER FROM THE PREMISES,
REGARDLESS OF WHETHER THE ORDER IS REGISTERED IN THE COUNTY IN
WHICH THE OFFICER'S AGENCY HAS JURISDICTION.
Sec. 2935.032. (A) Not later than ninety days after the
effective date of this section, each agency, instrumentality, or
political subdivision that is served by any peace officer
described in division (B)(1) of section 2935.03 of the Revised
Code shall adopt, in accordance with division (E) of this
section, written policies, written procedures implementing the
policies, and other written procedures for the peace officers who
serve it to follow in implementing division (B)(3) of section
2935.03 of the Revised Code and for their appropriate response to
each report of an alleged incident of the offense of domestic
violence or an alleged incident of the offense of violating a
protection order or consent agreement. The policies and
procedures shall conform to and be consistent with the provisions
of divisions (B)(1) and (B)(3) of section 2935.03 of the Revised
Code and divisions (B) to (D) of this section. Each policy
adopted under this division shall include, but not be limited to,
all of the following:
(1) Provisions specifying that, if a peace officer who
serves the agency, instrumentality, or political subdivision
responds to an alleged incident of the offense of domestic
violence, an alleged incident of the offense of violating a
protection order or consent agreement, or an alleged incident of
any other offense, both of the following apply:
(a) If the officer determines that there are reasonable
grounds to believe that a person knowingly caused serious
physical harm to another or knowingly caused or attempted to
cause physical harm to another by means of a deadly weapon or
dangerous ordnance, as defined in section 2923.11 of the Revised
Code, then, regardless of whether the victim of the offense was a
family or household member of the offender, the officer shall
treat the incident as felonious assault, shall consider the
offender to have committed and the victim to have been the victim
of felonious assault, shall consider the offense that was
committed to have been felonious assault in determining the
manner in which the offender should be treated, and shall comply
with whichever of the following is applicable:
(i) Unless the officer has reasonable cause to believe
that, during the incident, the offender who committed the
felonious assault and one or more other persons committed
offenses against each other, the officer shall arrest the
offender who committed the felonious assault pursuant to section
2935.03 of the Revised Code and shall detain him THAT OFFENDER
pursuant to that
section until a warrant can be obtained, and the arrest shall be
for felonious assault.
(ii) If the officer has reasonable cause to believe that,
during the incident, the offender who committed the felonious
assault and one or more other persons committed offenses against
each other, the officer shall determine in accordance with
division (B)(3)(d) of section 2935.03 of the Revised Code which
of those persons is the primary physical aggressor. If the
offender who committed the felonious assault is the primary
physical aggressor, the officer shall arrest that offender for
felonious assault pursuant to section 2935.03 of the Revised Code
and shall detain him THAT OFFENDER pursuant to that section
until a warrant can
be obtained, and the officer is not required to arrest but may
arrest pursuant to section 2935.03 of the Revised Code any other
person who committed an offense but who is not the primary
physical aggressor. If the offender who committed the felonious
assault is not the primary physical aggressor, the officer is not
required to arrest that offender or any other person who
committed an offense during the incident but may arrest any of
them pursuant to section 2935.03 of the Revised Code and detain
them pursuant to that section until a warrant can be obtained.
(b) If the officer determines that there are reasonable
grounds to believe that a person, while under the influence of
sudden passion or in a sudden fit of rage, either of which is
brought on by serious provocation occasioned by the victim that
is reasonably sufficient to incite the person into using deadly
force, knowingly caused serious physical harm to another or
knowingly caused or attempted to cause physical harm to another
by means of a deadly weapon or dangerous ordnance, as defined in
section 2923.11 of the Revised Code, then, regardless of whether
the victim of the offense was a family or household member of the
offender, the officer shall treat the incident as aggravated
assault, shall consider the offender to have committed and the
victim to have been the victim of aggravated assault, shall
consider the offense that was committed to have been aggravated
assault in determining the manner in which the offender should be
treated, and shall comply with whichever of the following is
applicable:
(i) Unless the officer has reasonable cause to believe
that, during the incident, the offender who committed the
aggravated assault and one or more other persons committed
offenses against each other, the officer shall arrest the
offender who committed the aggravated assault pursuant to section
2935.03 of the Revised Code and shall detain him THAT OFFENDER
pursuant to that
section until a warrant can be obtained, and the arrest shall be
for aggravated assault.
(ii) If the officer has reasonable cause to believe that,
during the incident, the offender who committed the aggravated
assault and one or more other persons committed offenses against
each other, the officer shall determine in accordance with
division (B)(3)(d) of section 2935.03 of the Revised Code which
of those persons is the primary physical aggressor. If the
offender who committed the aggravated assault is the primary
physical aggressor, the officer shall arrest that offender for
aggravated assault pursuant to section 2935.03 of the Revised
Code and shall detain him THAT OFFENDER pursuant to that section
until a
warrant can be obtained, and the officer is not required to
arrest but may arrest pursuant to section 2935.03 of the Revised
Code any other person who committed an offense but who is not the
primary physical aggressor. If the offender who committed the
aggravated assault is not the primary physical aggressor, the
officer is not required to arrest that offender or any other
person who committed an offense during the incident but may
arrest any of them pursuant to section 2935.03 of the Revised
Code and detain them pursuant to that section until a warrant can
be obtained.
(2) Provisions requiring the peace officers who serve the
agency, instrumentality, or political subdivision to do all of
the following:
(a) Respond without undue delay to a report of an alleged
incident of the offense of domestic violence or the offense of
domestic violence or the offense of violating a protection order
or consent agreement;
(b) If the alleged offender has been granted pretrial
release from custody on a prior charge of the offense of domestic
violence or the offense of violating a protection order or
consent agreement and has violated one or more conditions of that
pretrial release, document the facts and circumstances of the
violation in the report to the law enforcement agency he serves
that he THE PEACE OFFICER makes pursuant to division (D) of this
section;
(c) Separate the victim of the offense of domestic
violence or the offense of violating a protection order or
consent agreement and the alleged offender, conduct separate
interviews with the victim and the alleged offender in separate
locations, and take a written statement from the victim that
indicates the frequency and severity of any prior incidents of
physical abuse of the victim by the alleged offender, the number
of times the victim has called peace officers for assistance, and
the disposition of those calls, if known;
(d) Comply with divisions (B)(1) and (B)(3) of section
2935.03 of the Revised Code and with divisions (B), (C), and (D)
of this section.
(3) Sanctions to be imposed upon a peace officer who
serves the agency, instrumentality, or political subdivision and
who fails to comply with any provision in the policy or with
division (B)(1) or (B)(3) of section 2935.03 of the Revised Code
or division (B), (C), or (D) of this section.
(4) Examples of reasons that a peace officer may consider
for not arresting and detaining until a warrant can be obtained a
person who allegedly committed the offense of domestic violence
or the offense of violating a protection order or consent
agreement when it is the preferred course of action in this state
that the officer arrest the alleged offender, as described in
division (B)(3)(b) of section 2935.03 of the Revised Code.
(B)(1) Nothing in this section or in division (B)(1) or
(B)(3) of section 2935.03 of the Revised Code precludes an
agency, instrumentality, or political subdivision that is served
by any peace officer described in division (B)(1) of section
2935.03 of the Revised Code from including in the policy it
adopts under division (A) of this section either of the following
types of provisions:
(a) A provision that requires the peace officers who serve
it, if they have reasonable grounds to believe that the offense
of domestic violence or the offense of violating a protection
order or consent agreement has been committed within the limits
of the jurisdiction of the agency, instrumentality, or political
subdivision and reasonable cause to believe that a particular
person committed the offense, to arrest the alleged offender;
(b) A provision that does not require the peace officers
who serve it, if they have reasonable grounds to believe that the
offense of domestic violence or the offense of violating a
protection order or consent agreement has been committed within
the limits of the jurisdiction of the agency, instrumentality, or
political subdivision and reasonable cause to believe that a
particular person committed the offense, to arrest the alleged
offender, but that grants the officers less discretion in those
circumstances in deciding whether to arrest the alleged offender
than peace officers are granted by divisions (B)(1) and (B)(3) of
section 2935.03 of the Revised Code.
(2) If an agency, instrumentality, or political
subdivision that is served by any peace officer described in
division (B)(1) of section 2935.03 of the Revised Code includes
in the policy it adopts under division (A) of this section a
provision of the type described in division (B)(1)(a) or (b) of
this section, the peace officers who serve the agency,
instrumentality, or political subdivision shall comply with the
provision in making arrests authorized under division (B)(1) of
section 2935.03 of the Revised Code.
(C) When a peace officer described in division (B)(1) of
section 2935.03 of the Revised Code investigates a report of an
alleged incident of the offense of domestic violence or an
alleged incident of the offense of violating a protection order
or consent agreement, the officer shall do all of the following:
(1) Complete a domestic violence report in accordance with
division (D) of this section;
(2) Advise the victim of the availability of a temporary
protection order pursuant to section 2919.26 of the Revised Code
or a protection order or consent agreement pursuant to section
3113.31 of the Revised Code;
(3) Give the victim the officer's name, the officer's
badge number if the officer has a badge and the badge has a
number, the report number for the incident if a report number is
available at the time of the officer's investigation, a telephone
number that the victim can call for information about the case,
the telephone number of a domestic violence shelter in the area,
and information on any local victim advocate program.
(D) A peace officer who investigates a report of an
alleged incident of the offense of domestic violence or an
alleged incident of the offense of violating a protection order
or consent agreement shall make a written report of the incident
whether or not an arrest is made. The report shall document the
officer's observations of the victim and the alleged offender,
any visible injuries of the victim or alleged offender, any
weapons at the scene, the actions of the alleged offender, any
statements made by the victim or witnesses, and any other
significant facts or circumstances. If the officer does not
arrest and detain until a warrant can be obtained a person who
allegedly committed the offense of domestic violence or the
offense of violating a protection order or consent agreement when
it is the preferred course of action in this state pursuant to
division (B)(3)(b) of section 2935.03 of the Revised Code that
the alleged offender be arrested, the officer must articulate in
the report a clear statement of his THE OFFICER'S reasons for
not arresting and detaining that alleged offender until a warrant can be
obtained.
The officer shall submit the written report to the law
enforcement agency to which he THE OFFICER has been appointed,
employed, or
elected.
(E) Each agency, instrumentality, or political subdivision
that is required to adopt policies and procedures under division
(A) of this section shall adopt those policies and procedures in
conjunction and consultation with shelters in the community for
victims of domestic violence and private organizations, law
enforcement agencies, and other public agencies in the community
that have expertise in the recognition and handling of domestic
violence cases.
(F) A PEACE OFFICER WHO IN GOOD FAITH
ARRESTS AN OFFENDER FOR THE OFFENSE OF VIOLATING A PROTECTION
ORDER WITH RESPECT TO A PROTECTION ORDER OR CONSENT AGREEMENT
THAT ON ITS FACE IS VALID IS IMMUNE FROM LIABILITY IN A CIVIL
ACTION FOR DAMAGES FOR INJURY, DEATH, OR LOSS TO PERSON OR
PROPERTY THAT ALLEGEDLY WAS CAUSED BY OR RELATED TO THE
ARREST.
(G) EACH AGENCY,
INSTRUMENTALITY, OR POLITICAL SUBDIVISION DESCRIBED IN DIVISION
(A) OF THIS SECTION THAT
ARRESTS AN OFFENDER FOR AN ALLEGED INCIDENT OF THE OFFENSE OF
DOMESTIC VIOLENCE OR AN ALLEGED INCIDENT OF THE OFFENSE OF
VIOLATING A PROTECTION ORDER SHALL CONSIDER REFERRING THE CASE
TO FEDERAL AUTHORITIES FOR PROSECUTION UNDER FEDERAL LAW IF THE
INCIDENT CONSTITUTES A VIOLATION OF FEDERAL LAW.
(H) AS USED IN THIS
SECTION, "THE OFFENSE OF VIOLATING A PROTECTION ORDER" INCLUDES
THE FORMER OFFENSE OF VIOLATING A PROTECTION ORDER OR CONSENT
AGREEMENT OR ANTI-STALKING PROTECTION ORDER AS SET FORTH IN
FORMER SECTION 2919.27 OF THE
REVISED
CODE.
Sec. 2937.23. (A) In a case involving a felony, the
judge or magistrate shall fix the amount of bail. In a case involving a
misdemeanor or a violation of a municipal ordinance and not involving a
felony, the judge, magistrate, or clerk of the court may fix the amount
of bail and may do so in accordance with a schedule previously
fixed by the judge or
magistrate, or, in a case when the judge, magistrate, or clerk of
the court is not readily available, the
sheriff, deputy sheriff, marshal, deputy marshal, police officer,
or jailer having custody of the person charged may fix the
amount of bail in
accordance with a schedule previously fixed by the judge or
magistrate and shall take the bail only in the county
courthouse, the municipal or township building, or the county or municipal
jail. In all cases, the bail shall be fixed with consideration of
the seriousness of the offense charged, the previous criminal record
of the defendant, and the probability of the defendant
appearing at the trial of the case.
(B) In any case involving an alleged violation of section
2919.27 of the Revised Code or of a municipal ordinance that is
substantially similar to that section and in which the court
finds that either of the following criteria applies, the court
shall determine whether it will order an evaluation of the mental condition of
the defendant pursuant to section 2919.271 of the Revised
Code and, if it decides to so order, shall issue the order requiring
that evaluation before it sets bail for the person charged with the violation:
(1) Regarding an alleged violation of a temporary protection
order or consent agreement, that the violation of the order or
agreement allegedly involves conduct by the defendant that caused
physical harm to the person or property of a family or household
member covered by the order or agreement or conduct by that
defendant that caused a family or household member to believe
that the defendant would cause physical harm to that member or
that member's property;
(2) Regarding an alleged violation of an anti-stalking
protection order OR A PROTECTION ORDER ISSUED BY A COURT OF ANOTHER STATE,
AS DEFINED IN SECTION 2919.27 of the Revised Code, that the violation of the order
allegedly
involves conduct by the defendant that caused physical
harm to the person or property of the person covered by the order
or conduct by that defendant that caused the person covered by
the order to believe that the defendant would cause physical harm
to that person or that person's property.
Sec. 3113.31. (A) As used in this section:
(1) "Domestic violence" means the occurrence of one or
more of the following acts against a family or household member:
(a) Attempting to cause or recklessly causing bodily
injury;
(b) Placing another person by the threat of force in fear
of imminent serious physical harm or committing a violation of
section 2903.211 or 2911.211 of the Revised Code;
(c) Committing any act with respect to a child that would
result in the child being an abused child, as defined in section
2151.031 of the Revised Code.
(2) "Court" means the domestic relations division of the
court of common pleas in counties that have a domestic relations
division, and the court of common pleas in counties that do not
have a domestic relations division.
(3) "Family or household member" means any of the
following:
(a) Any of the following who is residing with or has resided with the
respondent:
(i) A spouse, a person living as a spouse, or a former
spouse of the respondent;
(ii) A parent or a child of the respondent, or another
person related by consanguinity or affinity to the respondent;
(iii) A parent or a child of a spouse, person living as a
spouse, or former spouse of the respondent, or another person
related by consanguinity or affinity to a spouse, person living
as a spouse, or former spouse of the respondent.
(b) The ALLEGED natural parent of any child of whom the respondent is
the other
natural parent.
(4) "Person living as a spouse" means a person who is
living or has lived with the respondent in a common law marital
relationship, who otherwise is cohabiting with the respondent,
or who otherwise has cohabited with the respondent within one year
FIVE YEARS
prior to the date of the alleged occurrence of the act in
question.
(5) "Victim advocate" means a person who provides support and assistance for
a person who files a petition under this section.
(B) The court has jurisdiction over all proceedings under
this section. The petitioner's right to relief under this
section is not affected by leaving the residence or household
to avoid further domestic violence.
(C) A person may seek relief under this section for
the person, or any parent or adult household member may
seek relief
under this section on behalf of any other family or household
member, by filing a petition with the court. The petition shall
contain or state:
(1) An allegation that the respondent engaged in domestic
violence against a family or household member of the respondent,
including a description of the nature and extent of the domestic
violence;
(2) The relationship of the respondent to the petitioner,
and to the victim if other than the petitioner;
(3) A request for relief under this section.
(D) If a person who files a petition pursuant to this
section requests an ex parte order, the court shall hold an ex
parte hearing on the same day that the petition is filed. The
court may, for good cause shown at the ex parte hearing, enter
any temporary orders, with or without bond, including, but not
limited to, an order described in division (E)(1)(a), (b), or (c)
of this section, that the court finds necessary to protect the
family or household member from domestic violence. Immediate and
present danger of domestic violence to the family or household
member constitutes good cause for purposes of this section.
Immediate and present danger includes, but is not limited to,
situations in which the respondent has threatened the family or
household member with bodily harm or in which the respondent has
previously engaged in domestic violence against the family or
household member.
If the court, after an ex parte hearing, issues an order
described in division (E)(1)(b) or (c) of this section, the court
shall schedule a full hearing that shall be held, within seven
court days after the ex parte hearing, SHALL SCHEDULE A FULL
HEARING. If any other type of protection order that is authorized under
division (E) of this section is issued by the court after an ex parte hearing,
the
full hearing shall be held COURT, within ten days after
the ex parte hearing, SHALL SCHEDULE A FULL HEARING. The
respondent shall be given notice of, and an
opportunity to be heard at, the full hearing. AN EX PARTE ORDER ISSUED
UNDER THIS SECTION DOES NOT
EXPIRE BECAUSE OF A FAILURE TO SERVE NOTICE UPON THE RESPONDENT
BEFORE THE DATE SET FOR THE HEARING OR BECAUSE THE COURT GRANTS
A CONTINUANCE SO THAT NOTICE MAY BE SERVED UPON THE RESPONDENT.
If a person who files a petition pursuant to this section
does not request an ex parte order, or if a person requests an ex
parte order but the court does not issue an ex parte order after
an ex parte hearing, the court shall proceed as in a normal civil
action and grant a full hearing on the matter.
(E)(1) After an ex parte or full hearing, the court may
grant any protection order, with or without bond, or approve any
consent agreement to bring about a cessation of domestic violence
against the family or household members. The order or agreement
may:
(a) Direct the respondent to refrain from abusing the
family or household members;
(b) Grant possession of the residence or household to the
petitioner or other family or household member, to the exclusion
of the respondent, by evicting the respondent, when the residence
or household is owned or leased solely by the petitioner or other
family or household member, or by ordering the respondent to
vacate the premises, when the residence or household is jointly
owned or leased by the respondent, and the petitioner or other
family or household member;
(c) When the respondent has a duty to support the
petitioner or other family or household member living in the
residence or household and the respondent is the sole owner or
lessee of the residence or household, grant possession of the
residence or household to the petitioner or other family or
household member, to the exclusion of the respondent, by ordering
the respondent to vacate the premises, or, in the case of a
consent agreement, allow the respondent to provide suitable,
alternative housing;
(d) Temporarily allocate parental rights and responsibilities for the care
of,
or establish temporary
visitation rights with regard to, minor children, if no other
court has determined, or is determining, the allocation of parental rights and
responsibilities for the minor children or visitation
rights;
(e) Require the respondent to maintain support, if the
respondent customarily provides for or contributes to the support
of the family or household member, or if the respondent has a
duty to support the petitioner or family or household member;
(f) Require the respondent, petitioner, victim of domestic
violence, or any combination of those persons, to seek
counseling;
(g) Require the respondent to refrain from entering the
residence, school, business, or place of employment of the
petitioner or family or household member;
(h) Grant other relief that the court considers equitable
and fair, including, but not limited to, ordering the respondent
to permit the use of a motor vehicle by the petitioner or other
family or household member and the apportionment of household and
family personal property.
(2) If a protection order has been issued pursuant to this
section in a prior action involving the respondent and the
petitioner or one or more of the family or household members, the
court may include in a protection order that it issues a
prohibition against the respondent returning to the residence or
household and a prohibition against the petitioner inviting or
admitting the respondent to the residence or household while the
order is in effect.
(3)(a) Any protection order or approved consent agreement
shall be valid until a date certain, but not later than two FIVE
years
from the date of its issuance or approval.
(b) Subject to the limitation on the duration of an order or agreement set
forth in division (E)(3)(a) of this section, any order under
division (E)(1)(d) of this section shall terminate on the date that a court in
an action for divorce,
dissolution of marriage, or legal separation brought by the petitioner or
respondent issues an order allocating parental rights and responsibilities for
the care of children or on the date that a juvenile court in an action brought
by the petitioner or respondent issues an order awarding legal custody of
minor children. Subject to the limitation on the duration of an order or
agreement set forth in division (E)(3)(a) of this section, any order under
division (E)(1)(e) of this section shall terminate on the date that a court in
an action for divorce, dissolution of marriage, or legal separation brought by
the petitioner or respondent issues a support order or on the date that a
juvenile court in an action brought by the petitioner or respondent issues a
support order.
(c) Any protection order issued or consent
agreement
approved pursuant to this section may be renewed in the same
manner as the original order or agreement was issued or approved.
(4) A court may not issue a protection order that requires a petitioner to do
or to refrain from doing an act that the court may require a respondent to do
or to refrain from doing under division (E)(1)(a), (b), (c), (d), (e), (g), or
(h) of this section unless all of the following apply:
(a) The respondent files a separate petition for a protection order in
accordance with this section.
(b) The petitioner is served notice of the respondent's petition at least
forty-eight hours before the court holds a hearing with respect to the
respondent's petition, or the petitioner waives the right to receive this
notice.
(c) If the petitioner has requested an ex parte order pursuant to division
(D) of this section, the court does not delay any hearing required by that
division beyond the time specified in that division in order to consolidate
the hearing with a hearing on the petition filed by the respondent.
(d) After a full hearing at which the respondent presents evidence in support
of the request for a protection order and the petitioner is afforded an
opportunity to defend against that evidence, the court determines that the
petitioner has committed an act of domestic violence or has violated a
temporary protection order issued pursuant to section 2919.26 of the Revised
Code, that both the petitioner and the respondent acted primarily as
aggressors, and that neither the petitioner nor the respondent acted primarily
in self-defense.
(5) No order or agreement under this section shall in any
manner affect title to any real property.
(6)(a) If a petitioner, or the child of a petitioner, who obtains a
protection order or consent agreement pursuant to division (E)(1) of this
section or a temporary protection order pursuant to section
2919.26 of the Revised Code and is the subject of a visitation or
companionship order issued pursuant to section 3109.051,
3109.11, or 3109.12 of the Revised Code or division (E)(1)(d) of this section
granting visitation or companionship rights to the respondent, the court
may require the public children services agency of the county in which the
court is located to provide supervision of the respondent's exercise of
visitation or companionship rights with respect to the child for a period not
to exceed nine months, if the court makes the following findings
of fact:
(i) The child is in danger from the respondent;
(ii) No other person or agency is available to provide the supervision or
other services.
(b) A court that requires an agency to provide supervision or other services
pursuant to division (E)(6)(a)
of this section shall order the respondent to reimburse the agency for the
cost of providing the supervision or other services, if it determines that the
respondent has sufficient income or resources to pay that cost.
(7) IF AN ORDER OR AGREEMENT ISSUED OR APPROVED
UNDER THIS SECTION INCLUDES A REQUIREMENT THAT THE RESPONDENT BE
EVICTED FROM OR VACATE THE RESIDENCE OR HOUSEHOLD OR REFRAIN
FROM ENTERING THE RESIDENCE, SCHOOL, BUSINESS, OR PLACE OF
EMPLOYMENT OF THE PETITIONER OR FAMILY OR HOUSEHOLD MEMBER, THE
ORDER OR AGREEMENT SHALL STATE CLEARLY THAT THE ORDER OR
AGREEMENT CANNOT BE WAIVED OR NULLIFIED BY AN INVITATION TO THE
RESPONDENT FROM THE PETITIONER OR OTHER FAMILY OR HOUSEHOLD
MEMBER TO ENTER THE RESIDENCE, SCHOOL, BUSINESS, OR PLACE OF
EMPLOYMENT OR BY THE RESPONDENT'S ENTRY INTO ONE OF THOSE PLACES
OTHERWISE UPON THE CONSENT OF THE PETITIONER OR OTHER FAMILY OR
HOUSEHOLD MEMBER.
(F)(1) A copy of any protection order, or consent
agreement, that is issued or approved under this section shall be
issued by the court to the petitioner, to the respondent, and to
all law enforcement agencies that have jurisdiction to enforce
the order or agreement. The court shall direct that a copy of an
order be delivered to the respondent on the same day that the
order is entered.
(2) All law enforcement agencies shall establish and
maintain an index for the protection orders and the approved
consent agreements delivered to the agencies pursuant to division
(F)(1) of this section. With respect to each order and consent
agreement delivered, each agency shall note on the index, the
date and time that it received the order or consent agreement.
(3) Regardless of whether the petitioner has registered the order or
agreement in the county in which the officer's agency has jurisdiction
pursuant to division (N) of this section, any officer of a law enforcement
agency shall enforce
a protection order issued or consent agreement approved by any court in this
state in accordance with the
provisions of the order or agreement, including removing the
respondent from the premises, if appropriate.
(G) Any proceeding under this section shall be conducted
in accordance with the Rules of Civil Procedure, except that an
order under this section may be obtained with or without bond. AN ORDER
ISSUED UNDER THIS SECTION, OTHER THAN AN EX PARTE ORDER, THAT GRANTS A
PROTECTION ORDER OR THAT REFUSES TO GRANT A PROTECTION ORDER IS A FINAL,
APPEALABLE ORDER.
The remedies and procedures provided in this section are in
addition to, and not in lieu of, any other available civil or
criminal remedies.
(H) The filing of proceedings under this section does not
excuse a person from filing any report or giving any notice
required by section 2151.421 of the Revised Code or by any other
law. When a petition under this section alleges domestic
violence against minor children, the court shall report the fact,
or cause reports to be made, to a county, township, or municipal
peace officer under section 2151.421 of the Revised Code.
(I) Any law enforcement agency that investigates a
domestic dispute shall provide information to the family or
household members involved regarding the relief available under
this section and section 2919.26 of the Revised Code.
(J) Notwithstanding any provision of law to the contrary,
no court shall charge a fee for the filing of a petition pursuant
to this section.
(K)(1) Each order for support made or modified under this
section on or after December 31, 1993, shall include as part of
the order a general provision, as described in division (A)(1) of
section 3113.21 of the Revised Code, requiring the withholding or
deduction of wages or assets of the obligor under the order as
described in division (D) of section 3113.21 of the Revised Code
or another type of appropriate requirement as described in
division (D)(6), (D)(7), or (H) of that section, to ensure that
withholding or deduction from the wages or assets of the obligor
is available from the commencement of the support order for
collection of the support and of any arrearages that occur; a
statement requiring all parties to the order to notify the child
support enforcement agency in writing of their current mailing
address, their current residence address, and any changes in
either address; and a notice that the requirement to notify the
agency of all changes in either address continues until further
notice from the court. The court shall comply with sections
3113.21 to 3113.219 of the Revised Code when it makes or modifies
an order for child support under this section on or after April
12, 1990.
If any person required to pay child support under an order
made under this section on or after April 15, 1985, or modified
under this section on or after December 31, 1986, is found in
contempt of court for failure to make support payments under the
order, the court that makes the finding, in addition to any other
penalty or remedy imposed, shall assess all court costs arising
out of the contempt proceeding against the person and require the
person to pay any reasonable attorney's fees of any adverse
party, as determined by the court, that arose in relation to the
act of contempt.
(2) Notwithstanding section 3109.01 of the Revised Code,
if a court issues a child support order under this section, the
order shall remain in effect beyond the child's eighteenth
birthday as long as the child continuously attends on a full-time
basis any recognized and accredited high school. Any parent
ordered to pay support under a child support order issued under
this section shall continue to pay support under the order,
including during seasonal vacation periods, until the order
terminates.
(L)(1) A person who violates a protection order issued or
a consent agreement approved under this section is subject to the
following sanctions:
(a) Criminal prosecution for a violation of section
2919.27 of the Revised Code, if the violation of the protection
order or consent agreement constitutes a violation of that
section;
(b) Punishment for contempt of court.
(2) The punishment of a person for contempt of court for
violation of a protection order issued or a consent agreement
approved under this section does not bar criminal prosecution of
the person for a violation of section 2919.27 of the Revised
Code. However, a person punished for contempt of court is
entitled to credit for the punishment imposed upon conviction of
a violation of that section, and a person convicted of a
violation of that section shall not subsequently be punished for
contempt of court arising out of the same activity.
(M) In all stages of a proceeding under this section, a petitioner may be
accompanied by a victim advocate.
(N)(1) A petitioner who obtains a protection order or consent agreement under
this section or a temporary protection order under section 2919.26 of the
Revised Code may provide notice of the issuance or approval of the order or
agreement to the judicial and law enforcement officials in any county other
than the county in which the order is issued or the agreement is approved by
registering that order or agreement in the other county pursuant to division
(N)(2) of this section and filing a copy of the registered order or registered
agreement with a law enforcement agency in the other county in accordance with
that division.
(2) A petitioner may register a temporary protection order, protection order,
or consent agreement in a county other than the county in which
the court that issued the order or approved the agreement is
located in the following manner:
(a) The petitioner shall obtain a certified copy of the order or agreement
from the clerk of the court that issued the order or approved the agreement
and present that certified copy to the clerk of the court of common pleas or
the clerk of a municipal court in the county in which the order or agreement
is to be registered.
(b) Upon accepting the certified copy of the order or agreement for
registration, the clerk of the court of common pleas or municipal court shall
place an endorsement of registration on the order or agreement and give the
petitioner a copy of the order or agreement that bears that proof of
registration.
(3) The clerk of each court of common pleas and the clerk of each municipal
court shall maintain a registry of certified copies of temporary protection
orders, protection orders, or consent agreements that have been issued or
approved by courts in other counties and that have been registered with the
clerk.
(4) If a petitioner who obtains a protection order or consent agreement under
this section or a temporary protection order under section 2919.26 of the
Revised Code wishes to register the order or agreement in any county other
than the county in which the order was issued or the agreement was approved,
pursuant to divisions (N)(1) to (3) of this section, and if the petitioner is
indigent, both of the following apply:
(a) If the petitioner submits to the clerk of the court that issued the order
or approved the agreement satisfactory proof that the petitioner is indigent,
the clerk may waive any fee that otherwise would be required for providing the
petitioner with a certified copy of the order or agreement to be used for
purposes of divisions (N)(1) to (3) of this section;
(b) If the petitioner submits to the clerk of the court of common pleas or
the clerk of a municipal court in the county in which the order or agreement
is to be registered satisfactory proof that the petitioner is indigent, the
clerk may waive any fee that otherwise would be required for accepting for
registration a certified copy of the order or agreement, for placing an
endorsement of registration on the order or agreement, or for giving the
petitioner a copy of the order or agreement that bears the proof of
registration.
(O) THIS IS AN INTERIM SECTION EFFECTIVE UNTIL JULY 1,
1997.
Sec. 3113.33. As used in sections 3113.33 to 3113.39 of
the Revised Code:
(A) "Domestic violence" means attempting to cause or
causing bodily injury to a family or household member, or placing
a family or household member by threat of force in fear of
imminent physical harm.
(B) "Family or household member" means any of the
following:
(1) Any of the following who is residing or has resided with the person
committing the domestic violence:
(a) A spouse, a person living as a spouse, or a former
spouse of the person committing the domestic violence;
(b) A parent or child of the person committing the
domestic violence, or another person related by consanguinity or
affinity to the person committing the domestic violence;
(c) A parent or a child of a spouse, person living as a
spouse, or former spouse of the person committing the domestic
violence, or another person related by consanguinity or affinity
to a spouse, person living as a spouse, or former spouse of the
person committing the domestic violence;
(d) The dependents of any person listed in division
(B)(1)(a), (b), or (c) of this section.
(2) The ALLEGED natural parent of any child of whom the person
committing the
domestic violence is the other natural parent.
(C) "Shelter for victims of domestic violence" or
"shelter" means a facility that provides temporary residential
service or facilities to family or household members who are
victims of domestic violence.
(D) "Person living as a spouse" means a person who is
living or has lived with the person committing the domestic
violence in a common law marital relationship, who otherwise is
cohabiting with the person committing the domestic
violence, or who otherwise has cohabited with the person
committing the
domestic violence within one year FIVE YEARS prior to the date
of the alleged
occurrence of the act in question.
Section 2. That existing sections 737.11, 1901.18, 1901.19,
1907.18, 2919.25, 2919.26, 2919.27, 2919.271, 2935.032, 2937.23, 3113.31, and
3113.33 of the
Revised Code are hereby repealed.
Section 3. That section 1901.19 of the Revised Code, as amended by Am. Sub.
H.B. 438 of the 121st General Assembly, and section 3113.31 of the Revised
Code, as amended by Sub. H.B. 274 and Am. Sub. H.B. 438 of the 121st General
Assembly, be amended to read as follows:
Sec. 1901.19. (A) Subject to the monetary jurisdiction of
municipal courts as set forth in section 1901.17 of the Revised
Code and the subject matter jurisdiction of municipal courts as set forth
in section 1901.18 of the Revised Code, a municipal court and a housing or
environmental division of a municipal court have jurisdiction within its
territory to perform all of the following functions:
(1) To compel attendance of witnesses in any pending
action or proceeding in the same manner as the court of common
pleas;
(2) To issue executions on its own judgments;
(3) In any legal or equitable action or proceeding, to
enforce the collection of its own judgments;
(4) To issue and enforce any order of attachment;
(5) In any action or proceeding in the nature of
creditors' bills, and in aid of execution, to subject the
interest of a judgment debtor in personal property to the payment
of a judgment of the court;
(6) To issue and enforce temporary protection orders
pursuant to section 2919.26 of the Revised Code and anti-stalking
protection orders pursuant to section 2903.213 of the Revised
Code AND TO ENFORCE PROTECTION ORDERS ISSUED BY COURTS OF ANOTHER STATE, AS
DEFINED IN SECTION 2919.27 of the Revised Code.
(B) Subject to the limitation set forth in this division,
a municipal court or a housing or environmental division of a
municipal court has jurisdiction outside its territory in a
proceeding in aid of execution to subject to the payment of the
judgment the interest in personal property of a judgment debtor
under a judgment rendered by the court or division. The
jurisdiction provided in this division includes the county or
counties in which the territory of the court or division in
question is situated and any county that is contiguous to that in
which the court or division is located. A court or division that
has jurisdiction under this division outside its territory in a
proceeding in aid of execution has the same powers, duties, and
functions relative to the proceeding that it has relative to
proceedings in aid of execution over which it has jurisdiction
other than under this division.
(C)(1) In any action for garnishment of personal earnings
brought in a municipal court, the court has jurisdiction to serve
process pursuant to section 2716.05 of the Revised Code upon a
garnishee who resides in a county contiguous to that in which the
court is located.
(2) In any action for garnishment of property, other than
personal earnings, brought in a municipal court under section
2716.11 of the Revised Code, the court has jurisdiction to serve
process pursuant to section 2716.13 of the Revised Code upon a
garnishee who resides in a county contiguous to that in which the
court is located.
(3) Whenever a motion for attachment is filed in a
municipal court under section 2715.03 of the Revised Code, the
court has jurisdiction to serve process pursuant to section
2715.091 of the Revised Code upon a garnishee who resides in a
county contiguous to that in which the court is located.
(D) The municipal court of Cleveland also has jurisdiction
in all actions and proceedings in the nature of creditors' bills,
and in aid of execution to subject the interests of a judgment
debtor in real or personal property to the payment of a judgment
of the court. In such actions and proceedings, the court may
proceed to marshal and foreclose all liens on the property
irrespective of the amount of the lien, and all vested or
contingent rights in the property.
Sec. 3113.31. (A) As used in this section:
(1) "Domestic violence" means the occurrence of one or
more of the following acts against a family or household member:
(a) Attempting to cause or recklessly causing bodily
injury;
(b) Placing another person by the threat of force in fear
of imminent serious physical harm or committing a violation of
section 2903.211 or 2911.211 of the Revised Code;
(c) Committing any act with respect to a child that would
result in the child being an abused child, as defined in section
2151.031 of the Revised Code.
(2) "Court" means the domestic relations division of the
court of common pleas in counties that have a domestic relations
division, and the court of common pleas in counties that do not
have a domestic relations division.
(3) "Family or household member" means any of the
following:
(a) Any of the following who is residing with or has resided with the
respondent:
(i) A spouse, a person living as a spouse, or a former
spouse of the respondent;
(ii) A parent or a child of the respondent, or another
person related by consanguinity or affinity to the respondent;
(iii) A parent or a child of a spouse, person living as a
spouse, or former spouse of the respondent, or another person
related by consanguinity or affinity to a spouse, person living
as a spouse, or former spouse of the respondent.
(b) The ALLEGED natural parent of any child of whom the respondent is
the other
natural parent.
(4) "Person living as a spouse" means a person who is
living or has lived with the respondent in a common law marital
relationship, who otherwise is cohabiting with the respondent,
or who otherwise has cohabited with the respondent within one year
FIVE YEARS
prior to the date of the alleged occurrence of the act in
question.
(5) "Victim advocate" means a person who provides support and assistance for
a person who files a petition under this section.
(B) The court has jurisdiction over all proceedings under
this section. The petitioner's right to relief under this
section is not affected by the petitioner's leaving the residence or household
to avoid further domestic violence.
(C) A person may seek relief under this section the person on the
person's own behalf, or any parent or adult household member
may seek relief under this section on behalf of any other family or household
member, by filing a petition with the court. The petition shall contain or
state:
(1) An allegation that the respondent engaged in domestic
violence against a family or household member of the respondent,
including a description of the nature and extent of the domestic
violence;
(2) The relationship of the respondent to the petitioner,
and to the victim if other than the petitioner;
(3) A request for relief under this section.
(D) If a person who files a petition pursuant to this
section requests an ex parte order, the court shall hold an ex
parte hearing on the same day that the petition is filed. The
court may, for good cause shown at the ex parte hearing, enter
any temporary orders, with or without bond, including, but not
limited to, an order described in division (E)(1)(a), (b), or (c)
of this section, that the court finds necessary to protect the
family or household member from domestic violence. Immediate and
present danger of domestic violence to the family or household
member constitutes good cause for purposes of this section.
Immediate and present danger includes, but is not limited to,
situations in which the respondent has threatened the family or
household member with bodily harm or in which the respondent has
previously engaged in domestic violence against the family or
household member.
If the court, after an ex parte hearing, issues an order
described in division (E)(1)(b) or (c) of this section, the court
shall schedule a full hearing that shall be held, within seven
court days after the ex parte hearing, SHALL SCHEDULE A FULL
HEARING. If any other type of
protection order that is authorized under division (E) of this
section is issued by the court after an ex parte hearing, the
full hearing shall be held COURT, within ten days after
the ex parte
hearing, SHALL SCHEDULE A FULL HEARING. The respondent shall be
given notice of, and an
opportunity to be heard at, the full hearing.
AN EX PARTE ORDER ISSUED UNDER THIS SECTION DOES NOT
EXPIRE BECAUSE OF A FAILURE TO SERVE NOTICE UPON THE RESPONDENT
BEFORE THE DATE SET FOR THE HEARING OR BECAUSE THE COURT GRANTS
A CONTINUANCE SO THAT NOTICE MAY BE SERVED UPON THE RESPONDENT.
If a person who files a petition pursuant to this section
does not request an ex parte order, or if a person requests an ex
parte order but the court does not issue an ex parte order after
an ex parte hearing, the court shall proceed as in a normal civil
action and grant a full hearing on the matter.
(E)(1) After an ex parte or full hearing, the court may
grant any protection order, with or without bond, or approve any
consent agreement to bring about a cessation of domestic violence
against the family or household members. The order or agreement
may:
(a) Direct the respondent to refrain from abusing the
family or household members;
(b) Grant possession of the residence or household to the
petitioner or other family or household member, to the exclusion
of the respondent, by evicting the respondent, when the residence
or household is owned or leased solely by the petitioner or other
family or household member, or by ordering the respondent to
vacate the premises, when the residence or household is jointly
owned or leased by the respondent, and the petitioner or other
family or household member;
(c) When the respondent has a duty to support the
petitioner or other family or household member living in the
residence or household and the respondent is the sole owner or
lessee of the residence or household, grant possession of the
residence or household to the petitioner or other family or
household member, to the exclusion of the respondent, by ordering
the respondent to vacate the premises, or, in the case of a
consent agreement, allow the respondent to provide suitable,
alternative housing;
(d) Temporarily allocate parental rights and responsibilities for the care
of,
or establish temporary
visitation rights with regard to, minor children, if no other
court has determined, or is determining, the allocation of parental rights and
responsibilities for the minor children or visitation
rights;
(e) Require the respondent to maintain support, if the
respondent customarily provides for or contributes to the support
of the family or household member, or if the respondent has a
duty to support the petitioner or family or household member;
(f) Require the respondent, petitioner, victim of domestic
violence, or any combination of those persons, to seek
counseling;
(g) Require the respondent to refrain from entering the
residence, school, business, or place of employment of the
petitioner or family or household member;
(h) Grant other relief that the court considers equitable
and fair, including, but not limited to, ordering the respondent
to permit the use of a motor vehicle by the petitioner or other
family or household member and the apportionment of household and
family personal property.
(2) If a protection order has been issued pursuant to this
section in a prior action involving the respondent and the
petitioner or one or more of the family or household members, the
court may include in a protection order that it issues a
prohibition against the respondent returning to the residence or
household and a prohibition against the petitioner inviting or
admitting the respondent to the residence or household while the
order is in effect.
(3)(a) Any protection order or approved consent agreement
shall be valid until a date certain, but not later than two FIVE
years
from the date of its issuance or approval.
(b) Subject to the limitation on the duration of an order or agreement set
forth in division (E)(3)(a) of this section, any order under
division (E)(1)(d) of this section shall terminate on the date that a court in
an action for divorce,
dissolution of marriage, or legal separation brought by the petitioner or
respondent issues an order allocating parental rights and responsibilities for
the care of children or on the date that a juvenile court in an action brought
by the petitioner or respondent issues an order awarding legal custody of
minor children. Subject to the limitation on the duration of an order or
agreement set forth in division (E)(3)(a) of this section, any order under
division (E)(1)(e) of this section shall terminate on the date that a court in
an action for divorce, dissolution of marriage, or legal separation brought by
the petitioner or respondent issues a support order or on the date that a
juvenile court in an action brought by the petitioner or respondent issues a
support order.
(c) Any protection order issued or consent
agreement
approved pursuant to this section may be renewed in the same
manner as the original order or agreement was issued or approved.
(4) A court may not issue a protection order that requires a petitioner to do
or to refrain from doing an act that the court may require a respondent to do
or to refrain from doing under division (E)(1)(a), (b), (c), (d), (e), (g), or
(h) of this section unless all of the following apply:
(a) The respondent files a separate petition for a protection order in
accordance with this section.
(b) The petitioner is served notice of the respondent's petition at least
forty-eight hours before the court holds a hearing with respect to the
respondent's petition, or the petitioner waives the right to receive this
notice.
(c) If the petitioner has requested an ex parte order pursuant to division
(D) of this section, the court does not delay any hearing required by that
division beyond the time specified in that division in order to consolidate
the hearing with a hearing on the petition filed by the respondent.
(d) After a full hearing at which the respondent presents evidence in support
of the request for a protection order and the petitioner is afforded an
opportunity to defend against that evidence, the court determines that the
petitioner has committed an act of domestic violence or has violated a
temporary protection order issued pursuant to section 2919.26 of the Revised
Code, that both the petitioner and the respondent acted primarily as
aggressors, and that neither the petitioner nor the respondent acted primarily
in self-defense.
(5) No order or agreement under this section shall in any
manner affect title to any real property.
(6)(a) If a petitioner, or the child of a petitioner, who obtains a
protection order or consent agreement pursuant to division (E)(1) of this
section or a temporary protection order pursuant to section
2919.26 of the Revised Code and is the subject of a visitation or
companionship order issued pursuant to section 3109.051,
3109.11, or 3109.12 of the Revised Code or division (E)(1)(d) of this section
granting visitation or companionship rights to the respondent, the court
may require the public children services agency of the county in which the
court is located to provide supervision of the respondent's exercise of
visitation or companionship rights with respect to the child for a period not
to exceed nine months, if the court makes the following findings
of fact:
(i) The child is in danger from the respondent;
(ii) No other person or agency is available to provide the supervision or
other services.
(b) A court that requires an agency to provide supervision or other services
pursuant to division (E)(6)(a)
of this section shall order the respondent to reimburse the agency for the
cost of providing the supervision or other services, if it determines that the
respondent has sufficient income or resources to pay that cost.
(7) IF AN ORDER OR AGREEMENT ISSUED OR APPROVED
UNDER THIS SECTION INCLUDES A REQUIREMENT THAT THE RESPONDENT BE
EVICTED FROM OR VACATE THE RESIDENCE OR HOUSEHOLD OR REFRAIN
FROM ENTERING THE RESIDENCE, SCHOOL, BUSINESS, OR PLACE OF
EMPLOYMENT OF THE PETITIONER OR FAMILY OR HOUSEHOLD MEMBER, THE
ORDER OR AGREEMENT SHALL STATE CLEARLY THAT THE ORDER OR
AGREEMENT CANNOT BE WAIVED OR NULLIFIED BY AN INVITATION TO THE
RESPONDENT FROM THE PETITIONER OR OTHER FAMILY OR HOUSEHOLD
MEMBER TO ENTER THE RESIDENCE, SCHOOL, BUSINESS, OR PLACE OF
EMPLOYMENT OR BY THE RESPONDENT'S ENTRY INTO ONE OF THOSE PLACES
OTHERWISE UPON THE CONSENT OF THE PETITIONER OR OTHER FAMILY OR
HOUSEHOLD MEMBER.
(F)(1) A copy of any protection order, or consent
agreement, that is issued or approved under this section shall be
issued by the court to the petitioner, to the respondent, and to
all law enforcement agencies that have jurisdiction to enforce
the order or agreement. The court shall direct that a copy of an
order be delivered to the respondent on the same day that the
order is entered.
(2) All law enforcement agencies shall establish and
maintain an index for the protection orders and the approved
consent agreements delivered to the agencies pursuant to division
(F)(1) of this section. With respect to each order and consent
agreement delivered, each agency shall note on the index, the
date and time that it received the order or consent agreement.
(3) Regardless of whether the petitioner has registered the order or
agreement in the county in which the officer's agency has jurisdiction
pursuant to division (N) of this section, any officer of a law enforcement
agency shall enforce
a protection order issued or consent agreement approved by any court in this
state in accordance with the
provisions of the order or agreement, including removing the
respondent from the premises, if appropriate.
(G) Any proceeding under this section shall be conducted
in accordance with the Rules of Civil Procedure, except that an
order under this section may be obtained with or without bond.
AN ORDER ISSUED UNDER THIS SECTION, OTHER THAN AN EX PARTE ORDER, THAT
GRANTS A PROTECTION ORDER OR THAT REFUSES TO GRANT A PROTECTION ORDER IS A
FINAL, APPEALABLE ORDER. The remedies and procedures provided in
this section are in
addition to, and not in lieu of, any other available civil or
criminal remedies.
(H) The filing of proceedings under this section does not
excuse a person from filing any report or giving any notice
required by section 2151.421 of the Revised Code or by any other
law. When a petition under this section alleges domestic
violence against minor children, the court shall report the fact,
or cause reports to be made, to a county, township, or municipal
peace officer under section 2151.421 of the Revised Code.
(I) Any law enforcement agency that investigates a
domestic dispute shall provide information to the family or
household members involved regarding the relief available under
this section and section 2919.26 of the Revised Code.
(J) Notwithstanding any provision of law to the contrary,
no court shall charge a fee for the filing of a petition pursuant
to this section.
(K)(1) Each order for support made or modified under this
section on or after December 31, 1993, shall include as part of
the order a general provision, as described in division (A)(1) of
section 3113.21 of the Revised Code, requiring the withholding or
deduction of wages or assets of the obligor under the order as
described in division (D) of section 3113.21 of the Revised Code
or another type of appropriate requirement as described in
division (D)(6), (D)(7), or (H) of that section, to ensure that
withholding or deduction from the wages or assets of the obligor
is available from the commencement of the support order for
collection of the support and of any arrearages that occur; a
statement requiring all parties to the order to notify the child
support enforcement agency in writing of their current mailing
address, their current residence address, and any changes in
either address; and a notice that the requirement to notify the
agency of all changes in either address continues until further
notice from the court. The court shall comply with sections
3113.21 to 3113.219 of the Revised Code when it makes or modifies
an order for child support under this section on or after April
12, 1990.
If any person required to pay child support under an order
made under this section on or after April 15, 1985, or modified
under this section on or after December 31, 1986, is found in
contempt of court for failure to make support payments under the
order, the court that makes the finding, in addition to any other
penalty or remedy imposed, shall assess all court costs arising
out of the contempt proceeding against the person and require the
person to pay any reasonable attorney's fees of any adverse
party, as determined by the court, that arose in relation to the
act of contempt.
(2) Notwithstanding section 3109.01 of the Revised Code,
if a court issues a child support order under this section, the
order shall remain in effect beyond the child's eighteenth
birthday as long as the child continuously attends on a full-time
basis any recognized and accredited high school. Any parent
ordered to pay support under a child support order issued under
this section shall continue to pay support under the order,
including during seasonal vacation periods, until the order
terminates.
(L)(1) A person who violates a protection order issued or
a consent agreement approved under this section is subject to the
following sanctions:
(a) Criminal prosecution for a violation of section
2919.27 of the Revised Code, if the violation of the protection
order or consent agreement constitutes a violation of that
section;
(b) Punishment for contempt of court.
(2) The punishment of a person for contempt of court for
violation of a protection order issued or a consent agreement
approved under this section does not bar criminal prosecution of
the person for a violation of section 2919.27 of the Revised
Code. However, a person punished for contempt of court is
entitled to credit for the punishment imposed upon conviction of
a violation of that section, and a person convicted of a
violation of that section shall not subsequently be punished for
contempt of court arising out of the same activity.
(M) In all stages of a proceeding under this section, a petitioner may be
accompanied by a victim advocate.
(N)(1) A petitioner who obtains a protection order or consent agreement under
this section or a temporary protection order under section 2919.26 of the
Revised Code may provide notice of the issuance or approval of the order or
agreement to the judicial and law enforcement officials in any county other
than the county in which the order is issued or the agreement is approved by
registering that order or agreement in the other county pursuant to division
(N)(2) of this section and filing a copy of the registered order or registered
agreement with a law enforcement agency in the other county in accordance with
that division.
(2) A petitioner may register a temporary protection order, protection order,
or consent agreement in a county other than the county in which
the court that issued the order or approved the agreement is
located in the following manner:
(a) The petitioner shall obtain a certified copy of the order or agreement
from the clerk of the court that issued the order or approved the agreement
and present that certified copy to the clerk of the court of common pleas or
the clerk of a municipal court or county court in the county in which the
order or agreement
is to be registered.
(b) Upon accepting the certified copy of the order or agreement for
registration, the clerk of the court of common pleas, municipal court, or
county court shall place an endorsement of registration on the order or
agreement and give the
petitioner a copy of the order or agreement that bears that proof of
registration.
(3) The clerk of each court of common pleas, the clerk of each municipal
court, and the clerk of each county court shall maintain a registry of
certified copies of temporary protection
orders, protection orders, or consent agreements that have been issued or
approved by courts in other counties and that have been registered with the
clerk.
(4) If a petitioner who obtains a protection order or consent agreement under
this section or a temporary protection order under section 2919.26 of the
Revised Code wishes to register the order or agreement in any county other
than the county in which the order was issued or the agreement was approved,
pursuant to divisions (N)(1) to (3) of this section, and if the petitioner is
indigent, both of the following apply:
(a) If the petitioner submits to the clerk of the court that issued the order
or approved the agreement satisfactory proof that the petitioner is indigent,
the clerk may waive any fee that otherwise would be required for providing the
petitioner with a certified copy of the order or agreement to be used for
purposes of divisions (N)(1) to (3) of this section;
(b) If the petitioner submits to the clerk of the court of common pleas or
the clerk of a municipal court or county court in the county in which the
order or agreement
is to be registered satisfactory proof that the petitioner is indigent, the
clerk may waive any fee that otherwise would be required for accepting for
registration a certified copy of the order or agreement, for placing an
endorsement of registration on the order or agreement, or for giving the
petitioner a copy of the order or agreement that bears the proof of
registration.
Section 4. That all existing versions of sections 1901.19 and 3113.31 of the
Revised Code are hereby repealed.
Section 5. Sections 3 and 4 of this act shall take effective July 1, 1997.
Section 6. Section 3113.31 of the Revised Code is presented in Section 3 of
this act
as a composite of the section as amended by both
Sub. H.B. 274 and Am. Sub. H.B. 438 of the 121st General Assembly, with the
new language of
neither of the acts shown in capital letters. This is in
recognition of the principle stated in division (B) of section
1.52 of the Revised Code that such amendments are to be
harmonized where not substantively irreconcilable and constitutes
a legislative finding that such is the resulting version in
effect on the effective date of Sections 3 and 4 of this act.
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