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Sub. H. B. No. 548As Passed by the SenateAs Passed by the Senate
124th General Assembly | Regular Session | 2001-2002 |
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REPRESENTATIVES Manning, Willamowski, Latta, Sulzer, Perry, Damschroder, Sullivan, Ogg, Lendrum, Carey, Hartnett, Distel, Sferra, Hughes, Gilb, Clancy, Schneider, Carmichael, Carano, Schmidt, Cirelli, Driehaus, Flannery, Trakas, Calvert, Metzger, DeWine, Otterman, Redfern, Allen, Setzer, Schaffer, Faber, Coates, Latell, Krupinski, Widowfield, Schuring, Niehaus, Barrett, Woodard, McGregor, Reidelbach, Flowers, Wolpert, Salerno, Key, Fedor, Patton, Buehrer, Hoops, Young, Boccieri, Jolivette, G. Smith, Kilbane, Roman, Womer Benjamin, Rhine, D. Miller, Brown, Oakar, Mason, Sykes, Beatty, S. Smith, Strahorn, Britton, DeBose, Jerse, Wilson, Collier
SENATORS Austria, Amstutz, Armbruster, Brady, Blessing, Carnes, Coughlin, DiDonato, Espy, Finan, Fingerhut, Randy Gardner, Robert Gardner, Goodman, Hagan, Harris, Herington, Hottinger, Jacobson, Jordan, Mallory, Mead, Mumper, Nein, Oelslager, Roberts, Shoemaker, Spada, Wachtmann, White
A BILL
To amend sections 2903.213, 2903.214, 2919.25,
2919.26, 2919.27,
2919.272, and 3113.31 of the
Revised Code to
clarify that no fees, cost,
deposit, or money may be charged relative to
certain protection
orders and consent agreements
or
relative to the filing or prosecution of
domestic
violence charges and to expand the
out-of-state
protection orders that are within the
scope of the
laws regarding out-of-state protection
orders.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2903.213, 2903.214, 2919.25,
2919.26, 2919.27,
2919.272, and 3113.31 of the Revised Code be
amended to read as
follows:
Sec. 2903.213. (A) Except when the complaint involves a
person who is a family or household member as defined in section
2919.25 of the Revised Code, upon the filing of a complaint that
alleges a violation of section 2903.11, 2903.12, 2903.13, 2903.21,
2903.211,
2903.22, or
2911.211 of the Revised Code or a violation
of a municipal ordinance
substantially similar to section 2903.13,
2903.21, 2903.211, 2903.22, or
2911.211 of the Revised Code, the
complainant, the alleged victim,
or a family or household member
of an alleged victim may file a motion
that requests the issuance
of a 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. If
the complaint involves a person who is a family or
household
member, the complainant, the alleged victim, or the
family or
household member may file a motion for a temporary
protection order pursuant to section 2919.26 of the Revised Code. (B) A motion for a protection order under this section shall
be prepared on a form that is provided by the clerk of the court,
and the form shall be substantially as follows: "Motion for Protection Order............................Name and address of court
............................. (Name of person),
moves the court to issue a protection order
containing terms designed to ensure the safety and protection of
the complainant or the alleged victim in the above-captioned
case,
in relation to the named defendant, pursuant to
its authority to
issue a protection order under section
2903.213 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 a violation of section 2903.11, 2903.12, 2903.13, 2903.21,
2903.211,
2903.22, or
2911.211 of the Revised Code or a violation
of a municipal ordinance
substantially similar to section 2903.13,
2903.21, 2903.211, 2903.22, or
2911.211 of the Revised Code. I understand that I must appear before the court, at a time
set by the court not later than the next day that the court is in
session after the filing of this motion, for a hearing on the
motion, and that any 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 until the issuance under section
2903.214 of the Revised Code of a protection order arising out of
the same activities as
those that were the basis of the attached
complaint. ..................................... ..................................... (C)(1) As soon as possible after the filing of a motion that
requests the issuance of a protection order
under this section,
but
not later than the next day that the court is in session 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 court finds that the safety and protection of the
complainant or the alleged victim may be impaired by the continued
presence of the
alleged offender, the court may issue a
protection
order under this section, as a pretrial condition of release, that
contains terms
designed to ensure the safety and protection of the
complainant or the
alleged victim,
including a requirement that
the alleged offender refrain from
entering the residence, school,
business, or place of employment
of the complainant or the alleged
victim. (2)(a) If
the court issues a protection order under this
section that
includes a requirement that the alleged offender
refrain from
entering the residence, school, business, or place of
employment
of the complainant or the alleged victim, the order
shall clearly state
that the order
cannot be waived or nullified
by an invitation to the alleged
offender from the complainant, the
alleged victim, or a 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, the alleged victim, or a family or
household
member. (b) Division
(C)(2)(a)
of this section does not limit any
discretion of a court to
determine that an alleged offender
charged with a violation of
section 2919.27 of the Revised Code,
with a violation of a
municipal ordinance substantially equivalent
to that section, or
with contempt of court, which charge is based
on an alleged
violation of a protection order issued under this
section, did
not commit the violation or was not in contempt of
court. (D)(1) Except when the complaint involves a person who is
a
family or household member as defined in section 2919.25 of the
Revised Code, upon the filing of a complaint that alleges a
violation specified in division (A) of this section, the court,
upon its own
motion, may issue a protection order under this
section as a
pretrial condition of release
of the alleged offender
if it finds that the safety and
protection of the complainant or
the alleged victim may be impaired by
the continued
presence of
the alleged offender. (2) If the court issues a protection order
under this
section as an ex parte order, it shall conduct, as
soon as
possible after the issuance of the order but not later
than the
next day that the court is in session after its issuance, a
hearing 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) If a municipal court or a county
court issues a
protection order under this
section and
if, subsequent to the
issuance of the order, the alleged
offender who is the subject of
the order is bound over to the
court of common pleas for
prosecution of a felony arising out of
the same activities as
those that were the basis of the
complaint upon which the order is
based, notwithstanding the
fact that the order was issued by a
municipal court or county
court, the order shall remain in effect,
as though it were an order of the
court of common pleas, while the
charges
against the alleged offender are pending in the court of
common
pleas, for the period of time described in division
(E)(2)
of this section, and the court of common pleas has exclusive
jurisdiction to modify the order issued by the municipal court or
county
court. This
division applies when the alleged offender is
bound over to the
court of common pleas as a result of the person
waiving a
preliminary hearing on the felony charge, as a result of
the
municipal court or county court having determined at a
preliminary hearing that there is probable cause to believe that
the felony has been committed and that the alleged offender
committed it, as a result of the alleged offender having been
indicted for the felony, or in any other manner. (E) A 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, by the court
that
issued the order or, in the circumstances described in
division
(D)(3) of this section, by the court of common pleas to
which the
alleged offender is bound over for prosecution, of the
criminal proceeding arising out of the complaint upon which the
order is
based or until the issuance under section 2903.214 of the
Revised Code of a protection
order arising out of the same
activities as those that were the basis of the
complaint filed
under this section; (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 protection order
under this section. (G)(1) A copy of a protection order that
is issued under
this section shall be issued by the court to the
complainant, to
the alleged victim, to the person who requested the
order, 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. If a municipal court
or a county court
issues a
protection order under this section and if, subsequent to
the
issuance of the order, the defendant who is the subject of the
order is bound over to the court of common pleas for prosecution
as described in division (D)(3)
of this section, the municipal
court or county court shall
direct that a copy of the order be
delivered to the court of
common pleas to which the defendant is
bound over. (2) All law enforcement agencies shall establish and
maintain an index for the 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 agency's receipt of
the order. (3) Regardless of whether the petitioner has registered the
protection order in the county in which the officer's agency has
jurisdiction,
any officer of a law enforcement agency shall
enforce
a protection order issued pursuant to this
section in
accordance with the
provisions of the order. (H) Upon a violation of a protection order
issued pursuant
to this section,
the court may issue another protection order
under
this section, as a
pretrial condition of release, that
modifies the terms of the
order that was violated. (I) Notwithstanding any provision of law to the contrary
and
regardless of whether a protection order is issued or a consent
agreement is approved by a court of
another county or by a court
of another state,
no
court
or unit of state or local government
shall
charge
a
any fee
for, cost, deposit, or money in connection
with the filing of a motion
pursuant
to
this section, in
connection with the filing, issuance,
registration, or service of
a protection order or consent agreement, or for obtaining
certified copies of a protection order or consent agreement.
Sec. 2903.214. (A) As used in this section: (1) "Court" means the court of common pleas of the county in
which the
person to be protected by the protection order resides. (2) "Victim advocate" means a person who provides support
and assistance
for
a person who files a petition under this
section. (3) "Family or household member" has
the same meaning as in
section 3113.31 of the
Revised Code. (4) "Protection order issued by a court of another state"
has the same meaning as in section 2919.27 of the
Revised Code. (B) The court has jurisdiction over all proceedings under
this section. (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 both of the following: (1) An allegation that the respondent engaged in a violation
of section
2903.211 of the Revised Code against the person to be
protected by the protection order, including a description of the
nature and
extent of the violation; (2) A request for relief under this section. (D)(1) If a person who files a petition pursuant to this
section requests an ex parte order, the court shall hold an ex
parte hearing as soon as possible after the petition is filed, but
not later
than the next day that the court is in session after the
petition is filed.
The
court, for good cause shown at the ex
parte hearing, may enter
any temporary orders, with or without
bond, that the court finds necessary for
the safety and protection
of the person to be protected by the order.
Immediate and present
danger to the person to be protected by the protection
order
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 person to be protected
by
the protection order with bodily harm or in which the respondent
previously has been convicted of or pleaded guilty to a violation
of section
2903.211
of the Revised Code against the person to be
protected by the protection order. (2)(a) If the court, after an ex parte hearing, issues a
protection order
described in division (E) of this section, the
court
shall schedule a full hearing for a date that is within ten
court days after
the ex
parte hearing. The court shall give the
respondent notice of, and an
opportunity to
be heard at, the full
hearing.
The court shall hold the full hearing on the date
scheduled under this division unless the court grants a
continuance of the hearing in accordance with this division.
Under any of the following circumstances or for any of the
following reasons, the court may grant a continuance of the full
hearing to a reasonable time determined by the court: (i) Prior to the date scheduled for
the full hearing under
this division, the respondent has not
been served with the
petition filed pursuant to this section and
notice of the full
hearing. (ii) The parties consent to the
continuance. (iii) The continuance is needed to
allow a party to obtain
counsel. (iv) The continuance is needed for
other good cause. (b) An ex parte order issued under
this section does not
expire because of a failure to serve
notice of the full hearing
upon the respondent before the date
set for the full hearing under
division
(D)(2)(a)
of this section or because the court grants a
continuance under
that division. (3) 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
issue any protection order, with or without bond,
that contains
terms designed to ensure the safety and protection of the person
to be protected by the protection order, including, but not
limited to, a
requirement that the
respondent refrain from
entering the
residence, school, business, or place of employment
of the
petitioner or family or household member.
If the court
includes a requirement that the respondent
refrain from entering
the residence, school, business, or place
of employment of the
petitioner or family or household member in
the order, it also
shall include in the order provisions of the
type described in
division
(E)(5) of this section. (2)(a) Any protection order issued pursuant to this section
shall
be valid until a date certain
but not later than five years
from the date of its issuance. (b) Any protection order issued pursuant to this section may
be
renewed in the same
manner as the original order was issued. (3) 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) 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 with 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 a
violation of section
2903.211 of the Revised Code against the
person to be protected by the
protection order issued pursuant to
this section or has violated a protection
order issued
pursuant to
section 2903.213 of the Revised Code relative to the person to be
protected by
the protection order issued pursuant to this section. (4) No protection order issued pursuant to this section
shall in any
manner affect title to any real property. (5)(a) If
the court issues a protection order under this
section that
includes a requirement that the alleged offender
refrain from
entering the residence, school, business, or place of
employment
of the petitioner or a family or household member, the
order
shall clearly state that the order cannot be waived or
nullified
by an invitation to the alleged offender from the
complainant 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 petitioner or family or
household member. (b) Division
(E)(5)(a)
of this section does not limit any
discretion of a court to
determine that an alleged offender
charged with a violation of
section 2919.27 of the Revised Code,
with a violation of a
municipal ordinance substantially equivalent
to that section, or
with contempt of court, which charge is based
on an alleged
violation of a protection order issued under this
section, did
not commit the violation or was not in contempt of
court. (F)(1) The court shall cause the delivery of a copy of any
protection order that is issued under this
section
to the
petitioner, to the respondent, 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 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 delivered to the
agencies pursuant
to division
(F)(1) of this section. With
respect to each order delivered, each
agency shall note on the
index the
date and time that it received the order. (3) Regardless of whether the petitioner has registered the
protection
order
in the county in which the officer's agency has
jurisdiction
pursuant to division (M) of this section, any officer
of a law
enforcement agency shall enforce a protection order
issued pursuant to this
section by any court in
this state in
accordance with the provisions of the order, 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 a
protection
order may be obtained under this section 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.
(I) Any law enforcement agency that investigates an alleged
violation of section 2903.211 of the Revised Code shall
provide
information to the victim and the family or household members of
the
victim regarding the relief available under this section and
section 2903.213
of the Revised Code. (J) Notwithstanding any provision of law to the contrary
and
regardless of whether a protection order is issued or a consent
agreement is approved by a court of
another county or by a court
of another state,
no court
or unit of state or local government
shall
charge
a
any fee
for, cost, deposit, or money in connection
with the filing of a petition
pursuant
to this section, in
connection with the filing, issuance,
registration, or service of
a protection order or consent agreement, or for obtaining a
certified copy of a protection order or consent agreement. (K)(1) A person who violates a protection order issued
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
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 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. (L) In all stages of a proceeding under this section, a
petitioner may be
accompanied by a victim advocate. (M)(1) A petitioner who obtains a protection order under
this section or a protection order
under section 2903.213 of the
Revised Code may
provide notice of the issuance or approval of the
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 pursuant to division
(M)(2) of this
section and filing a copy of the registered order with
a law
enforcement agency in the other county in accordance with that
division.
A person who obtains a protection order issued by a
court
of another state may provide notice of the issuance of the
order
to the judicial and law enforcement officials in any county
of
this state by registering the order in that county pursuant to
section 2919.272 of the Revised Code and filing a copy of
the
registered order with a law enforcement agency in that
county. (2) A petitioner may register a protection order
issued
pursuant to this section or section
2903.213 of the Revised Code
in a county other
than the county in which
the court that issued
the order is located in the following manner: (a) The petitioner 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. (b) Upon accepting the certified copy of the order for
registration, the clerk of the court of common pleas, municipal
court, or
county court shall
place an endorsement of registration
on the order and give the
petitioner a copy of the order that
bears that proof of registration. (3) The clerk of each court of common pleas,
municipal
court, or county court shall maintain a registry of certified
copies of
protection
orders that have been issued
by courts in
other counties pursuant to
this section or section 2903.213 of the
Revised Code
and that have been registered with the
clerk. (4) If a petitioner who obtains a protection order under
this section or section 2903.213 of the Revised Code
wishes to
register the order in any county other
than the county in which
the order was issued,
pursuant to divisions (M)(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 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
to be used for purposes of divisions (M)(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 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, for
placing an endorsement of
registration on the order, or for
giving the petitioner a copy of
the order that bears the proof of
registration.
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. Except as otherwise provided in this division, a
violation of division (C) of this section is a misdemeanor of the
fourth
degree, and a violation of division (A) or (B) of
this
section is a misdemeanor of the first degree. If the offender
previously
has
pleaded guilty to or been convicted of domestic
violence, of a violation of
a municipal ordinance that is
substantially similar to domestic violence,
of a violation of
section 2903.11, 2903.12, 2903.13, 2903.14,
2903.21, 2903.211,
2903.22, 2911.211,
or 2919.22 of the Revised Code involving a
person who was a
family or
household member at the time of the
violation, or of a violation of
a municipal ordinance, a law of
the United States or of any other state, or a municipal ordinance
of a municipal corporation located in any other state that is
substantially similar to one of those sections
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)
Notwithstanding any provision of law to the contrary, no
court or unit of state or local government shall charge any fee,
cost, deposit, or money in connection with the filing of charges
against a person alleging that the person violated this section or
a municipal ordinance substantially similar to this section or in
connection with the prosecution of any charges so filed. (F) 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 natural parent of any child of whom the offender is
the other natural
parent or is the putative 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 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, the alleged victim,
or a family or household member of
an alleged victim
may file, or,
if in an emergency the alleged victim
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
alleged victim, 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 victim
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.......................... CourtName and address of court
(name of person),
moves the court to issue a temporary protection
order containing
terms designed to ensure the safety and
protection of the
complainant, alleged victim, 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
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. .......................................... (or signature of the arresting officer who filed the motion on
behalf of the alleged victim) .......................................... Address of person (or office address of the
arresting
officer who
filed the motion on behalf of the alleged
victim)" (C)(1) 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, alleged victim, or any 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, alleged victim, or the
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, alleged victim, or the family or
household member. (2)(a) If the court issues a temporary protection order that
includes a
requirement that the alleged offender refrain from
entering the residence,
school, business, or place of employment
of the complainant, the
alleged victim, or the 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, alleged victim, 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,
alleged victim, or family or
household member. (b) Division (C)(2)(a) of this section does not limit any
discretion of a
court to determine that an alleged offender
charged with a violation of
section 2919.27 of the Revised Code,
with a violation of a municipal ordinance
substantially equivalent
to that section, or with contempt of court, which
charge is based
on an alleged violation of a temporary protection order issued
under this section, did not commit the violation or was not in
contempt of
court. (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,
alleged victim, 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 section shall contain
only
those terms authorized in orders issued under division (C) of
this
section. (4) If a municipal court or a county
court issues a
temporary protection order under this section and
if, subsequent
to the issuance of the order, the alleged
offender who is the
subject of the order is bound over to the
court of common pleas
for prosecution of a felony arising out of
the same activities as
those that were the basis of the
complaint upon which the order is
based, notwithstanding the
fact that the order was issued by a
municipal court or county
court, the order shall remain in effect,
as though it were an order of the
court of common pleas, while the
charges
against the alleged offender are pending in the court of
common
pleas, for the period of time described in division
(E)(2)
of this section, and the court of common pleas has exclusive
jurisdiction to modify the order issued by the municipal court or
county
court.
This
division applies when the alleged offender is
bound over to the
court of common pleas as a result of the person
waiving a
preliminary hearing on the felony charge, as a result of
the
municipal court or county court having determined at a
preliminary hearing that there is probable cause to believe that
the felony has been committed and that the alleged offender
committed it, as a result of the alleged offender having been
indicted for the felony, or in any other manner. (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 occurrence of either of the
following: (a) The disposition, by the court that issued the
order or,
in the circumstances described in division
(D)(4) of this section,
by the
court of common pleas to which the alleged offender is
bound
over for prosecution, of the
criminal proceeding arising out
of the complaint upon which the
order is based; (b) 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 upon which the order is
based,
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 alleged victim, to the person who requested
the
order, 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. If a municipal court
or a
county court issues a temporary
protection order under this
section and if, subsequent to the
issuance of the order, the
defendant who is the subject of the
order is bound over to the
court of common pleas for prosecution
as described in division
(D)(4)
of this section, the municipal court or county court shall
direct that a copy of the order be delivered to the court of
common pleas to which the defendant is bound over. (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, alleged victim, or other person 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,
the alleged
victim,
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, alleged
victim, 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, alleged
victim, 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, alleged victim, 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, alleged victim, 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
and
regardless of whether a protection order is issued or a consent
agreement is approved by a court of
another county or a court of
another state, no
court
or unit of state or local government shall
charge
a
any fee
for, cost, deposit, or money in connection with
the filing of a motion
pursuant to
this section, in connection
with the filing, issuance,
registration, or service of a
protection order or consent agreement, or for obtaining a
certified copy of a protection order or consent agreement. (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 the
terms of 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; (2) A protection order issued pursuant to
section
2903.213
or 2903.214 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. (1) If the offense involves a violation of
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 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 involved 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
is a
felony of the fifth degree. (2) If the offense involves a violation of 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 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 a
protection
order issued pursuant to section 2903.213 or 2903.214 of the
Revised Code, two or more violations of section 2903.21,
2903.211,
2903.22, or 2911.211 of the Revised Code that involved
the
same
person who is the subject of the protection
order, or two or more
violations of section 2903.214 of the Revised Code
as it existed
prior to
July 1, 1996,
violating a 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 or that it is not
entitled to full faith and credit under 18
U.S.C. 2265(c). (D) As used in this
section, "protection order issued by a
court of another state"
means an injunction or another 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 means an injunction or
order of that nature issued by a
civil court of another state,
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,
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
issued pursuant to the divorce and child custody laws of another
state, except to the extent that the order for support or for
custody of a child is entitled to full faith and credit under the
laws of the United States.
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 any 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 person
allegedly violating the order from the
premises,
regardless of
whether the order is registered as authorized by division
(B) of
this section in the county in
which the officer's agency has
jurisdiction.
(E) Notwithstanding any provision of law to the contrary and
regardless of whether a protection order is issued or a consent
agreement is approved by a court of
another county or a court of
another state, no court or unit of state or local government shall
charge
any fee, cost, deposit, or money in connection with the
filing, issuance, registration, or
service of a protection order
or consent agreement or for obtaining a certified copy of
a
protection order or consent agreement, including a protection
order issued by a court of another state.
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 natural parent of any child of whom the respondent
is the other
natural parent or is the putative 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
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 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)(1) 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, for good cause shown at the ex parte hearing, may 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
previously has been
convicted of or pleaded guilty to an
offense that constitutes
domestic violence against the family or
household member. (2)(a) 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 for a date that is within
seven
court days after the ex parte 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
court shall
schedule a full hearing for a date that is within ten
court days after the ex parte hearing. The court shall give the
respondent
notice of, and an
opportunity to be heard at, the full
hearing. The court shall hold the
full hearing on the date
scheduled under this division unless the court grants
a
continuance of the hearing in accordance with this division.
Under
any of
the following circumstances or for any of the
following
reasons, the court may
grant a continuance of the full
hearing to
a reasonable time determined by the
court: (i) Prior to the date scheduled for the full hearing under
this
division, the respondent has not been served with the
petition filed pursuant
to this section and notice of the full
hearing. (ii) The parties consent to the continuance. (iii) The continuance is needed to allow a party to obtain
counsel. (iv) The continuance is needed for other good cause. (b) An ex parte order issued under this section does not
expire
because of a failure to serve notice of the full hearing
upon the respondent
before the date set for the full hearing under
division
(D)(2)(a) of this section or because the court grants a
continuance under that division. (3) 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
parenting
time 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
parenting
time
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. If it includes a prohibition against the
respondent
returning to the residence or household
in the order, it also
shall include in the order provisions
of the type described in
division
(E)(7) of this section. This
division does not preclude
the court from including in a
protection order or consent
agreement, in circumstances other
than those described in this
division, 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 a family or household
member, and, if the court
includes any requirement of that type in an order
or agreement,
the court also shall include in the order
provisions of the type
described in division
(E)(7) of this section. (3)(a) Any protection order issued or consent
agreement
approved under this section
shall be valid until a date certain,
but not later than
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 protection order issued or consent agreement
approved
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 parenting time order
issued pursuant to section 3109.051 or
3109.12 of the Revised Code or 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
parenting time 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
parenting time or 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. (b) A court that requires an agency to provide supervision
pursuant to division (E)(6)(a)
of this section shall order the
respondent to reimburse the agency for the
cost of providing the
supervision, if it determines
that the
respondent has sufficient
income or resources to pay that cost. (7)(a) If a protection order issued or consent agreement
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 a 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. (b) Division (E)(7)(a) of this section
does not limit any
discretion of a court to
determine that a respondent charged with
a violation of
section 2919.27 of the Revised Code, with a
violation of a
municipal ordinance substantially equivalent to
that section, or
with contempt of court, which charge is based on
an alleged
violation of a protection order issued or consent
agreement approved under
this section, did not commit the
violation or was not in contempt of
court. (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 approves a consent agreement, or that
refuses to
grant a protection order or approve a consent
agreement, 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
and
regardless of whether a protection order is
issued or a consent
agreement is approved by a court of another county or a court of
another state,
no
court
or unit of state or local government shall
charge
a
any fee
for, cost, deposit, or money in connection with
the filing of a
petition pursuant
to this section
or in connection
with the
filing, issuance, registration, or service of a
protection order
or consent agreement, or for obtaining a
certified copy of a
protection order or consent agreement. (K)(1) The court shall comply with Chapters 3119., 3121.,
3123.,
and 3125. of the Revised
Code when it makes or modifies
an
order for child support under this section. (2) 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. (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. A person who obtains a protection order issued by a
court
of another state may provide notice of the issuance of the
order to the
judicial and law enforcement officials in any county
of this state by
registering the order in that county pursuant to
section 2919.272 of the
Revised Code and filing a copy of the
registered order with a law enforcement
agency in that county. (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 2. That existing sections 2903.213, 2903.214,
2919.25,
2919.26, 2919.27, 2919.272, and 3113.31 of the Revised
Code
are hereby
repealed.
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