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Sub. H. B. No. 10 As Reported by the House Civil and Commercial Law Committee
As Reported by the House Civil and Commercial Law Committee
128th General Assembly | Regular Session | 2009-2010 |
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Cosponsors:
Representatives Szollosi, Williams, B., Letson, Harwood, Stewart, Chandler, Gardner, Boyd, Garrison, Otterman, Luckie, Stebelton, Harris, Newcomb, Williams, S., Phillips, Foley, Slesnick, Fende, Pillich, Book, Mecklenborg, Skindell, Yates
A BILL
To amend sections 2151.23, 2151.358, 2903.214,
2919.25,
2919.27,
3113.31, and 3113.33 and to
enact
section 2151.34 of the Revised Code
to
allow
a
juvenile court to issue a protection
order
against a
child who is alleged to have
committed certain
offenses or domestic violence
against the person to be protected and
to include
foster parents
under the
scope of the
domestic
violence laws.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2151.23, 2151.358, 2903.214,
2919.25,
2919.27,
3113.31, and 3113.33 be amended and section
2151.34 of
the Revised Code be enacted to
read as
follows:
Sec. 2151.23. (A) The juvenile court has exclusive
original
jurisdiction under the Revised Code as follows:
(1) Concerning any child who on or about the date
specified
in the complaint, indictment, or information is alleged to have
violated section 2151.87 of the Revised Code or an order issued
under that section or to be a juvenile traffic
offender or a
delinquent, unruly, abused, neglected, or
dependent child
and,
based on and in relation to the allegation pertaining to the
child,
concerning the parent, guardian, or other person having
care
of a child who is alleged to be an unruly or delinquent child
for being an
habitual or chronic
truant;
(2) Subject to divisions (G) and (V) of section 2301.03 of
the
Revised Code, to
determine the custody of any child not a ward
of
another court of this state;
(3) To hear and determine any application for a writ of
habeas corpus involving the custody of a child;
(4) To exercise the powers and jurisdiction given the
probate
division of the court of common pleas in Chapter 5122.
of
the
Revised Code, if the court has probable cause to believe
that
a
child otherwise within the jurisdiction of the court is a
mentally
ill person subject to hospitalization by court order, as
defined
in section 5122.01 of the Revised Code;
(5) To hear and determine all criminal cases charging
adults
with the violation of any section of this chapter;
(6) To hear and determine all criminal cases in which an
adult is charged with a violation of division (C) of section
2919.21, division (B)(1) of section 2919.22, section 2919.222,
division (B) of
section 2919.23, or section 2919.24 of the Revised
Code, provided
the charge is not included in an indictment that
also charges the
alleged adult offender with the commission of a
felony arising
out of the same actions that are the basis of the
alleged
violation of division (C) of section 2919.21, division
(B)(1) of
section 2919.22, section 2919.222, division (B) of
section
2919.23, or section
2919.24 of the Revised Code;
(7) Under the interstate compact on juveniles in section
2151.56 of the Revised Code;
(8) Concerning any child who is to be taken into custody
pursuant to section 2151.31 of the Revised Code, upon being
notified of the intent to take the child into custody and the
reasons for taking the child into custody;
(9) To hear and determine requests for the extension of
temporary custody agreements, and requests for court approval of
permanent custody agreements, that are filed pursuant to section
5103.15 of the Revised Code;
(10) To hear and determine applications for consent to
marry
pursuant to section 3101.04 of the Revised Code;
(11) Subject to divisions (G) and (V) of section 2301.03 of
the
Revised Code, to hear
and determine a request for an order for
the
support of any child if the request is not ancillary to an
action
for divorce, dissolution of marriage, annulment, or legal
separation, a criminal or civil action involving an allegation of
domestic violence, or an action for support brought under Chapter
3115. of the Revised Code;
(12) Concerning an action commenced under section 121.38 of
the Revised
Code;
(13) To hear and determine violations of section 3321.38
of
the Revised Code;
(14) To exercise
jurisdiction and authority over the
parent,
guardian, or other person having care of a child alleged
to be a
delinquent child, unruly child, or juvenile traffic
offender,
based on and in relation to the allegation pertaining to
the
child;
(15) To conduct the hearings, and to make the determinations,
adjudications, and orders authorized or required under sections
2152.82 to 2152.86 and Chapter 2950. of the Revised Code regarding
a
child who has been adjudicated a delinquent child and to refer
the duties conferred upon the juvenile court judge under sections
2152.82 to 2152.86 and Chapter 2950. of the Revised Code to
magistrates appointed by the juvenile court judge in accordance
with Juvenile Rule 40;
(16) To hear and determine a petition for a protection order
against a child under section 2151.34 or
3113.31 of the Revised
Code and to enforce a protection order
issued or a consent
agreement approved under either
section
against a child until a
date certain but not later than
the date the child attains
eighteen years of age.
(B) Except as provided in divisions (G) and (I) of section
2301.03 of
the Revised
Code, the juvenile court has original
jurisdiction
under the
Revised Code:
(1) To hear and determine all cases of misdemeanors
charging
adults with any act or omission with respect to any
child, which
act or omission is a violation of any state law or
any municipal
ordinance;
(2) To determine the paternity of any child alleged to
have
been born out of wedlock pursuant to sections 3111.01 to 3111.18
of the
Revised Code;
(3) Under the uniform interstate family support
act in
Chapter 3115. of the Revised Code;
(4) To hear and determine an application for an order for
the
support of any child, if the child is not a ward of another
court
of this state;
(5) To hear and determine an action commenced under section
3111.28
of the Revised Code;
(6) To hear and determine a motion filed under section
3119.961 of the Revised Code;
(7) To receive filings under section 3109.74 of the Revised
Code, and to hear and determine actions arising under sections
3109.51 to 3109.80 of the Revised Code.
(8)
To enforce an order for the return of a child made under
the Hague Convention on the Civil Aspects of International Child
Abduction pursuant to section 3127.32 of the Revised Code;
(9) To grant any relief normally available under the laws of
this state to enforce a child custody determination made by a
court of another state and registered in accordance with section
3127.35 of the Revised Code.
(C) The juvenile court, except as to juvenile courts that
are
a separate division of the court of common pleas or a
separate
and
independent juvenile court, has jurisdiction to
hear,
determine,
and make a record of any action for divorce or
legal
separation
that involves the custody or care of children
and that
is filed in
the court of common pleas and certified by
the court
of common
pleas with all the papers filed in the action
to the
juvenile
court for trial, provided that no certification of
that
nature
shall
be made to any juvenile court unless the consent of
the
juvenile judge
first is obtained. After a certification of
that
nature is made
and consent is
obtained, the juvenile court
shall
proceed as if the action originally had
been begun in that
court,
except as to awards for spousal support
or support due and
unpaid
at the time of certification, over
which the juvenile court
has no
jurisdiction.
(D) The juvenile court, except as provided in divisions (G)
and (I)
of section 2301.03
of the Revised Code, has jurisdiction
to hear
and
determine all matters as to custody and support of
children
duly
certified by the court of common pleas to the
juvenile court
after a divorce decree has been granted, including
jurisdiction
to
modify the judgment and decree of the court of
common pleas as
the
same relate to the custody and support of
children.
(E) The juvenile court, except as provided in divisions (G)
and (I)
of section 2301.03
of the Revised Code, has jurisdiction
to hear
and
determine the case of any child certified to the court
by any
court of competent jurisdiction if the child comes within
the
jurisdiction of the juvenile court as defined by this section.
(F)(1) The juvenile court shall exercise its jurisdiction
in
child custody matters in accordance with sections 3109.04 and
3127.01
to 3127.53 of the Revised Code and, as applicable,
sections 5103.20 to 5103.22 or 5103.23 to 5103.237 of the Revised
Code.
(2) The juvenile court shall exercise its jurisdiction in
child support matters in accordance with section 3109.05 of the
Revised Code.
(G) Any
juvenile court that
makes or modifies an order for
child support
shall comply with
Chapters 3119., 3121., 3123., and
3125. of the Revised Code. If any person
required to pay
child
support under an order made by a juvenile
court on or after
April
15, 1985, or modified on or after December
1, 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.
(H) If a child who is charged with an act that would be an
offense if committed by an adult was fourteen years of age or
older and under
eighteen years of age at the time of the alleged
act and if the case is
transferred for criminal prosecution
pursuant to section 2152.12 of the
Revised Code, the
juvenile
court does not have jurisdiction to hear or
determine the case
subsequent to the transfer. The court to which the
case is
transferred for criminal prosecution pursuant to that
section has
jurisdiction subsequent to the transfer to hear and
determine the
case in the same manner as if the case originally
had been
commenced in that court, including, but not limited to,
jurisdiction to accept a plea of guilty or another plea
authorized
by Criminal Rule 11 or another section
of the Revised Code and
jurisdiction to accept a
verdict and to enter a judgment of
conviction pursuant to the
Rules of Criminal Procedure against the
child for the commission of the offense that was the basis of the
transfer of the case for criminal prosecution, whether the
conviction is for the same degree or a lesser degree of the
offense charged, for the commission of a lesser-included offense,
or for the commission of another offense that is different from
the offense charged.
(I) If a person under eighteen
years of age allegedly
commits
an act that would be a felony if committed by
an adult and
if the
person is not taken into custody or apprehended for that
act until
after the person attains twenty-one years of age, the
juvenile
court
does not have jurisdiction to hear or determine any
portion
of the case
charging the person with committing that act.
In those
circumstances,
divisions (A) and (B) of section 2152.12
of the
Revised Code do not apply regarding the act, and the case
charging
the person with committing the act shall be a criminal
prosecution
commenced and heard in the appropriate court having
jurisdiction
of the
offense as if the person had been eighteen
years of age or
older when the
person committed the act. All
proceedings
pertaining to the act shall be
within the jurisdiction
of the
court having jurisdiction of the offense, and
that court
has all
the authority and
duties
in the case that it has in other
criminal
cases in
that court.
(J) In exercising its exclusive original jurisdiction under
division (A)(16) of this section with respect to any proceedings
brought under section 2151.34 or 3113.31 of the Revised Code in
which the respondent is a child, the juvenile court retains all
dispositionary powers consistent with existing rules of juvenile
procedure and may also exercise its discretion to adjudicate
proceedings as provided in sections 2151.34 and 3113.31 of the
Revised Code, including the issuance of protection orders or the
approval of consent agreements under
those sections.
Sec. 2151.34. (A) As used in this section:
(1) "Court" means the juvenile division of 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.
(5) "Petitioner" means a person who files a petition under
this section and includes a person on whose behalf a petition
under this section is filed.
(6) "Respondent" means a person who is under eighteen years
of age and against whom a petition is filed under this section.
(7) "Sexually oriented offense" has the same meaning as in
section 2950.01 of the Revised Code.
(8) "Electronic monitoring" has the same meaning as in
section 2929.01 of the Revised Code.
(B) The court has jurisdiction over all proceedings under
this section.
(C)(1) Any of the following persons may seek relief under
this section by filing a petition with the court:
(a) Any person on behalf of that person;
(b) Any parent or adult family or household member on behalf
of any other family or household member;
(c) Any person who is determined by the court in its
discretion as an appropriate person to seek relief under this
section on behalf of any child.
(2)
The petition shall
contain or state all of the following:
(a) An allegation that the respondent engaged in a violation
of section
2903.11, 2903.12, 2903.13, 2903.21, 2903.211, 2903.22,
or 2911.211 of the
Revised Code, committed a sexually oriented
offense, or engaged in a violation of any municipal ordinance that
is substantially equivalent to any of those offenses against the
person
to be protected by the protection
order, including a
description
of the
nature and
extent of the
violation;
(b) If the petitioner seeks relief in the form of electronic
monitoring of the respondent, an allegation that at any time
preceding the filing of the petition the respondent engaged in
conduct that would cause a reasonable person to believe that the
health, welfare, or safety of the person to be protected was at
risk, a description of the nature and extent of that conduct, and
an allegation that the respondent presents a continuing danger to
the person to be protected;
(c)
A request for relief under this section.
(3) The court in its discretion may determine whether or not
to give notice that a petition has been filed under division
(C)(1) of this section on behalf of a child to any of the
following:
(a) A parent of the child if the petition was filed by any
person other than a parent of the child;
(b) Any person who is determined by the court to be an
appropriate person to receive notice of the filing of the
petition.
(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 after 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,
pleaded guilty to, or been
adjudicated
a delinquent child for
committing a violation
of
section 2903.11,
2903.12, 2903.13,
2903.21,
2903.211, 2903.22, or
2911.211
of the Revised Code, a
sexually oriented
offense, or a
violation of any municipal
ordinance that is substantially
equivalent to any of those
offenses 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 also shall give notice of the full hearing to
the parent, guardian, or legal custodian of the respondent. 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)(a) 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.
(b) After a full hearing, if the court considering a petition
that includes an allegation of the type described in division
(C)(2)(b) of this section or the court, upon its own motion, finds
upon clear and convincing evidence that the petitioner reasonably
believed that the respondent's conduct at any time preceding the
filing of the petition endangered the health, welfare, or safety
of the person to be protected and that the respondent presents a
continuing danger to the person to be protected, the court may
order that the respondent be electronically monitored for a period
of time and under the terms and conditions that the court
determines are appropriate. Electronic monitoring shall be in
addition to any other relief granted to the petitioner.
(2)(a) Any protection order issued pursuant to this section
shall
be valid until a date certain
but not later than the date
the respondent attains eighteen years of age.
(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
2903.11, 2903.12, 2903.13, 2903.21, 2903.211,
2903.22, or
2911.211 of the Revised Code, a sexually oriented
offense, or a violation of any municipal ordinance that is
substantially equivalent to any of those offenses against
the
person to be
protected by the protection order issued pursuant to
division (E)(3) of this section, or has
violated a protection
order issued
pursuant to
this section or section 2903.213 of
the
Revised Code relative to the person to be
protected by
the
protection order issued pursuant to division (E)(3) of this
section.
(4) No protection order issued pursuant to this section
shall
in any
manner affect title to any real property.
(5)(a) A protection order issued under this
section shall
clearly state that the person to be protected by the order cannot
waive or nullify by invitation or consent any requirement in the
order.
(b) Division
(E)(5)(a)
of this section does not limit any
discretion of a court to
determine that a respondent alleged to
have violated
section 2919.27 of the Revised Code, violated a
municipal ordinance substantially equivalent
to that section, or
committed contempt of court, which allegation 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.
(6) Any protection order issued pursuant to this section
shall include a provision that the court will expunge all of the
records of the proceeding in which the order is issued not later
than thirty days after the respondent attains the age of eighteen
years unless the petitioner provides the court with evidence that
the respondent has not complied with all of the terms of the
protection order. The protection order shall specify the date when
the respondent attains the age of eighteen years.
(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 and
the parent, guardian, or legal custodian of the respondent on
the
same day that the
order is entered.
(2) Upon the issuance of a protection order under this
section, the court shall provide the parties to the order with the
following notice orally or by form:
"NOTICE
As a result of this order, it may be unlawful for you to
possess or purchase a firearm, including a rifle, pistol, or
revolver, or ammunition pursuant to federal law under 18 U.S.C.
922(g)(8). If you have any questions whether this law makes it
illegal for you to possess or purchase a firearm or ammunition,
you should consult an attorney."
(3) 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.
(4) 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 or any other available remedies under Chapter 2151. or
2152. of the Revised Code.
(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 2903.11, 2903.12, 2903.13, 2903.21, 2903.211,
2903.22, or
2911.211 of the Revised Code, an alleged
commission
of a
sexually oriented offense, or an alleged violation of a
municipal ordinance that is substantially equivalent to any of
those offenses shall
provide
information to the victim
and the
family or household members of
the
victim regarding the
relief
available under this section.
(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
any fee, 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) A delinquent child proceeding or 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 or a delinquent child
proceeding concerning 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 or adjudication as a delinquent child for
a
violation of that section, and a person
convicted of or
adjudicated a delinquent child for 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 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 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 and that have been registered
with the
clerk.
(N) If the court orders electronic monitoring of the
respondent under this section, the court shall direct the
sheriff's office or any other appropriate law enforcement agency
to install the electronic monitoring device and to monitor the
respondent. Unless the court determines that the respondent is
indigent, the court shall order the respondent to pay the cost of
the installation and monitoring of the electronic monitoring
device. If the court determines that the respondent is indigent,
the cost of the installation and monitoring of the electronic
monitoring device shall be paid out of funds from the reparations
fund created pursuant to section 2743.191 of the Revised Code.
(O) The court, in its discretion, may determine if the
respondent is entitled to court-appointed counsel
in a proceeding
under this section.
Sec. 2151.358. (A) The juvenile court shall expunge all
records sealed under section 2151.356 of the Revised Code five
years after the court issues a sealing order or upon the
twenty-third birthday of the person who is the subject of the
sealing order, whichever date is earlier.
(B) Notwithstanding division (A) of this section, upon
application by the person who has had a record sealed under
section 2151.356 of the Revised Code, the juvenile court may
expunge a record sealed under section 2151.356 of the Revised
Code. In making the determination whether to expunge records, all
of the following apply:
(1) The court may require a person filing an application for
expungement to submit any relevant documentation to support the
application.
(2) The court may cause an investigation to be made to
determine if the person who is the subject of the proceedings has
been rehabilitated to a satisfactory degree.
(3) The court shall promptly notify the prosecuting attorney
of any proceedings to expunge records.
(4)(a) The prosecuting attorney may file a response with the
court within thirty days of receiving notice of the expungement
proceedings.
(b) If the prosecuting attorney does not file a response with
the court or if the prosecuting attorney files a response but
indicates that the prosecuting attorney does not object to the
expungement of the records, the court may order the records of the
person that are under consideration to be expunged without
conducting a hearing on the application. If the court decides in
its discretion to conduct a hearing on the application, the court
shall conduct the hearing within thirty days after making that
decision and shall give notice, by regular mail, of the date,
time, and location of the hearing to the prosecuting attorney and
to the person who is the subject of the records under
consideration.
(c) If the prosecuting attorney files a response with the
court that indicates that the prosecuting attorney objects to the
expungement of the records, the court shall conduct a hearing on
the application within thirty days after the court receives the
response. The court shall give notice, by regular mail, of the
date, time, and location of the hearing to the prosecuting
attorney and to the person who is the subject of the records under
consideration.
(5) After conducting a hearing in accordance with division
(B)(4) of this section or after due consideration when a hearing
is not conducted, the court may order the records of the person
that are the subject of the application to be expunged if it finds
that the person has been rehabilitated to a satisfactory degree.
In determining whether the person has been rehabilitated to a
satisfactory degree, the court may consider all of the following:
(a) The age of the person;
(b) The nature of the case;
(c) The cessation or continuation of delinquent, unruly, or
criminal behavior;
(d) The education and employment history of the person;
(e) Any other circumstances that may relate to the
rehabilitation of the person who is the subject of the records
under consideration.
(C) If the juvenile court is notified by any party in a civil
action that a civil action has been filed based on a case the
records for which are the subject of a sealing order, the juvenile
court shall not expunge a record sealed under section 2151.356 of
the Revised Code until the civil action has been resolved and is
not subject to further appellate review, at which time the records
shall be expunged pursuant to division (A) of this section.
(D)(1) A juvenile court that issues a protection order or
approves a consent agreement under section 2151.34
or 3113.31 of
the Revised Code shall expunge all of the records of the
proceeding in which the order was issued or agreement approved not
later than thirty days after the person against whom the
protection order was issued or the consent agreement approved
attains the age of eighteen years if the court determines that the
person has complied with all of the terms of the protection order
or consent agreement.
(2) In a proceeding under section 2151.34 of the Revised
Code, if the juvenile court does not issue any protection order
under division (E) of that section, the court shall expunge all of
the records in that proceeding. In a proceeding under section
3113.31 of the Revised Code, if the juvenile court does not issue
any protection order or approve any consent agreement under
division (E) of that section, the court
shall expunge all of the
records in that proceeding.
(E) After the records have been expunged under this section,
the person who is the subject of the expunged records properly
may, and the court shall, reply that no record exists with respect
to the person upon any inquiry in the matter.
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.
(5) "Sexually oriented offense" has the same meaning as in
section 2950.01 of the Revised Code.
(6) "Electronic monitoring" has the same meaning as in
section 2929.01 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 all of the following:
(1) An allegation that the respondent is eighteen years of
age or older and engaged in a violation
of section
2903.211 of the
Revised Code against the person to be
protected by the protection
order or committed a sexually oriented
offense against the person
to be protected by the protection
order, including a description
of the
nature and
extent of the
violation;
(2) If the petitioner seeks relief in the form of electronic
monitoring of the respondent, an allegation that at any time
preceding the filing of the petition the
respondent engaged in
conduct that would cause a reasonable person
to believe that the
health, welfare, or safety of the person to be
protected was at
risk, a description of the nature and extent of
that conduct, and
an allegation that the respondent presents a
continuing danger to
the person to be protected;
(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 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 or a sexually oriented
offense 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)(a) 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.
(b) After a full hearing, if the court considering a petition
that includes an allegation of the type described in division
(C)(2) of this section, or the court upon its own motion, finds
upon clear and
convincing evidence that the petitioner reasonably
believed that
the respondent's conduct at any time preceding the
filing of the petition endangered the health, welfare, or safety
of the person to be protected and that the respondent presents a
continuing danger to the person to be protected, the court may
order that the respondent be electronically monitored for a period
of time and under the terms and conditions that the court
determines are appropriate. Electronic monitoring shall be in
addition to any other relief granted to the petitioner.
(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
division (E)(3) of this section, has committed a sexually oriented
offense against
the person to be protected by the protection
order issued pursuant to division (E)(3) of 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 division (E)(3) of 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) Upon the issuance of a protection order under this
section, the court shall provide the parties to the order with the
following notice orally or by form:
"NOTICE
As a result of this order, it may be unlawful for you to
possess or purchase a firearm, including a rifle, pistol, or
revolver, or ammunition pursuant to federal law under 18 U.S.C.
922(g)(8). If you have any questions whether this law makes it
illegal for you to possess or purchase a firearm or ammunition,
you should consult an attorney."
(3) 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.
(4) 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 or an alleged
commission of a sexually oriented offense 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
any fee, 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.
(N) If the court orders electronic monitoring of the
respondent under this section, the court shall direct the
sheriff's office or any other appropriate law enforcement agency
to install the electronic monitoring device and to monitor the
respondent. Unless the court determines that the respondent is
indigent, the court shall order the respondent to pay the cost of
the
installation and monitoring of the electronic monitoring
device. If the court determines that the respondent is indigent,
the cost of the installation and monitoring of the electronic
monitoring device shall be paid out of funds from the reparations
fund created pursuant to section 2743.191 of the Revised Code.
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)(1) Whoever violates this section is guilty of domestic
violence, and the court shall sentence the offender as provided in
divisions (D)(2) to (6) of this section.
(2) Except as otherwise provided in division (D)(3) to
(5)
of this section, 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.
(3) Except as otherwise provided in division (D)(4) of this
section, if the offender
previously
has
pleaded guilty to or been
convicted of domestic
violence, a violation of
an existing or
former municipal ordinance or law of this or any other state or
the United States that is
substantially similar to domestic
violence,
a violation of
section 2903.14,
2909.06, 2909.07,
2911.12, 2911.211,
or 2919.22 of the Revised Code if the victim of
the violation was a
family or
household member at the time of the
violation, a violation of
an existing or former municipal
ordinance or law of this or any other state or the United States
that is substantially similar to any of those sections if the
victim of the violation was a family or household member at the
time of the commission of the violation, or any offense of
violence if the victim of the offense was a family or household
member at the time of the commission of the offense,
a violation
of
division (A) or (B) of this section is a felony of
the
fourth
degree, and, if the offender knew that the victim of the violation
was pregnant at the time of the violation, the court shall impose
a mandatory prison term on the offender pursuant to division
(A)(6) of this section, and a violation of division (C) of this
section
is a
misdemeanor of the second degree.
(4) If the offender previously has pleaded guilty to or been
convicted of two or more offenses of domestic violence or two or
more violations or offenses of the type described in division
(D)(3) of this section involving a person who was a family or
household member at the time of the violations or offenses, a
violation of division (A) or (B) of this section is a felony of
the third degree, and, if the offender knew that the victim of the
violation was pregnant at the time of the violation, the court
shall impose a mandatory prison term on the offender pursuant to
division (A)(6) of this section, and a violation of division (C)
of this section
is a misdemeanor of the first degree.
(5) Except as otherwise provided in division (D)(3) or (4) of
this section, if the offender knew that the victim of the
violation was
pregnant at the time of the violation, a violation
of division (A)
or (B) of this section is a felony of the fifth
degree, and the court shall impose a mandatory prison term on the
offender pursuant to division (A)(6) of this section, and a
violation of division (C) of this section is a misdemeanor of the
third degree.
(6) If division (A)(3), (4), or (5) of this section requires
the court that sentences an offender for a violation of division
(A) or (B) of this section to impose a mandatory prison term on
the offender pursuant to this division, the court shall impose the
mandatory prison term as follows:
(a) If the violation of division (A) or (B) of this section
is a felony of the fourth or fifth degree, except as otherwise
provided in division (A)(6)(b) or (c) of this section, the court
shall impose a mandatory prison term on the offender of at least
six
months.
(b) If the violation of division (A) or (B) of this section
is a felony of the fifth degree and the offender, in committing
the violation, caused serious physical harm to the pregnant
woman's unborn or caused the termination of the pregnant
woman's
pregnancy, the court shall impose a mandatory prison term
on the
offender of twelve months.
(c) If the violation of division (A) or (B) of this section
is a felony of the fourth degree and the offender, in committing
the violation, caused serious physical harm to the pregnant
woman's unborn or caused the termination of the pregnant
woman's
pregnancy, the court shall impose a mandatory prison term
on the
offender of at least twelve months.
(d) If the violation of division (A) or (B) of this section
is a felony of the third degree, except as otherwise provided in
division (A)(6)(e) of this section and notwithstanding the range
of prison terms prescribed in section 2929.14 of the Revised Code
for a felony of the third degree, the court shall impose a
mandatory prison term on the offender of either a definite term of
six
months or one of the prison terms prescribed in section
2929.14 of
the Revised Code for felonies of the third degree.
(e) If the violation of division (A) or (B) of this section
is a felony of the third degree and the offender, in committing
the violation, caused serious physical harm to the pregnant
woman's unborn or caused the termination of the pregnant
woman's
pregnancy, notwithstanding the range of prison terms
prescribed
in section 2929.14 of the Revised Code for a felony of
the third
degree, the court shall impose a mandatory prison term
on the
offender of either a definite term of one year or one of
the
prison terms prescribed in section 2929.14 of the Revised Code
for felonies 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, a foster 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.
(3) "Pregnant woman's unborn" has the same meaning as "such
other person's unborn," as set forth in section 2903.09 of the
Revised Code, as it relates to the pregnant woman. Division (C) of
that section applies regarding the use of the term in this
section, except that the second and third sentences of division
(C)(1) of that section shall be construed for purposes of this
section as if they included a reference to this section in the
listing of Revised Code sections they contain.
(4) "Termination of the pregnant woman's pregnancy"
has the
same meaning as "unlawful termination of another's
pregnancy," as
set forth in section 2903.09 of the Revised Code,
as it relates
to the pregnant woman. Division (C) of that section
applies
regarding the use of the term in this section, except that
the
second and third sentences of division (C)(1) of that section
shall be construed for purposes of this section as if they
included a reference to this section in the listing of Revised
Code sections they contain.
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
2151.34,
2903.213,
or
2903.214 of the Revised Code;
(3) A protection order issued by a court of another state.
(B)(1) Whoever violates this section is guilty of violating a
protection order.
(2) Except as otherwise provided in division
(B)(3) or (4) of
this section, violating a protection
order is a misdemeanor of the
first degree.
(3) If the offender previously has been convicted
of or,
pleaded guilty to, or been adjudicated a delinquent child for a
violation of a protection order issued
pursuant to section
2151.34, 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 consent agreement, or
one
or more
violations of this section, violating a
protection order
is a
felony of the fifth degree.
(4) If the offender violates a protection order or consent
agreement while committing a felony offense, violating a
protection order is a felony of the third degree.
(5) If the protection order violated by the offender was an
order issued pursuant to section 2151.34 or 2903.214
of the
Revised Code
that required electronic monitoring of the offender
pursuant to
that section, the court may require
in addition to
any
other
sentence imposed upon the offender that the offender
be
electronically monitored for a period not exceeding five years
by
a law enforcement agency designated by the court. If the court
requires under this division that the offender be electronically
monitored, unless the court determines that the offender is
indigent, the court shall order that the
offender pay the costs
of the installation of the electronic
monitoring device and the
cost of monitoring the electronic
monitoring device. If the court
determines that the offender is indigent, the costs of the
installation of the electronic monitoring device and the cost of
monitoring the electronic monitoring device shall be paid out of
funds from the reparations fund created pursuant to section
2743.191 of the Revised Code.
(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. 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;
(d) Committing a sexually oriented offense.
(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, or the juvenile division of
the
court of common pleas of the county in which the person to be
protected by a protection order issued or a consent agreement
approved under this section resides if the respondent is less than
eighteen years of
age.
(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, a foster 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.
(6) "Sexually oriented offense" has the same meaning as in
section 2950.01 of the Revised Code.
(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, in which the respondent has threatened the
family or household member with a sexually oriented offense, or in
which the respondent
previously has been
convicted of or, pleaded
guilty to, or been adjudicated a delinquent child for 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 or from
committing sexually oriented offenses against 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 or
victims, 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, or not later than the date a respondent who is less than
eighteen years of age attains eighteen years of age, unless
modified or terminated as provided in division
(E)(8) of this
section.
(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.
(8)(a) The court may modify or terminate as provided in
division (E)(8) of this section a protection order or consent
agreement that was issued after a full hearing under this section.
The court that issued the protection order or approved the consent
agreement shall hear a motion for modification or termination of
the protection order or consent agreement pursuant to division
(E)(8) of this section.
(b) Either the petitioner or the respondent of the original
protection order or consent agreement may bring a motion for
modification or termination of a protection order or consent
agreement that was issued or approved after a full hearing. The
court shall require notice of the motion to be made as provided by
the Rules of Civil Procedure. If the petitioner for the original
protection order or consent agreement has requested that the
petitioner's address be kept confidential, the court shall not
disclose the address to the respondent of the original protection
order or consent agreement or any other person, except as
otherwise required by law. The moving party has the burden of
proof to show, by a preponderance of the evidence, that
modification or termination of the protection order or consent
agreement is appropriate because either the protection order or
consent agreement is no longer needed or because the terms of the
original protection order or consent agreement are no longer
appropriate.
(c) In considering whether to modify or terminate a
protection order or consent agreement issued or approved under
this section, the court shall consider all relevant factors,
including, but not limited to, the following:
(i) Whether the petitioner consents to modification or
termination of the protection order or consent agreement;
(ii) Whether the petitioner fears the respondent;
(iii) The current nature of the relationship between the
petitioner and the respondent;
(iv) The circumstances of the petitioner and respondent,
including the relative proximity of the petitioner's and
respondent's workplaces and residences and whether the petitioner
and respondent have minor children together;
(v) Whether the respondent has complied with the terms and
conditions of the original protection order or consent agreement;
(vi) Whether the respondent has a continuing involvement with
illegal drugs or alcohol;
(vii) Whether the respondent has been convicted of or,
pleaded
guilty to, or been adjudicated a delinquent child for an
offense of violence since the issuance of the
protection order or
approval of the consent agreement;
(viii) Whether any other protection orders, consent
agreements, restraining orders, or no contact orders have been
issued against the respondent pursuant to this section, section
2919.26 of the Revised Code, any other provision of state law, or
the law of any other state;
(ix) Whether the respondent has participated in any domestic
violence treatment, intervention program, or other counseling
addressing domestic violence and whether the respondent has
completed the treatment, program, or counseling;
(x) The time that has elapsed since the protection order was
issued or since the consent agreement was approved;
(xi) The age and health of the respondent;
(xii) When the last incident of abuse, threat of harm, or
commission of a sexually oriented offense occurred or other
relevant information concerning the safety and protection of the
petitioner or other protected parties.
(d) If a protection order or consent agreement is modified or
terminated as provided in division (E)(8) of this section, the
court shall issue copies of the modified or terminated order or
agreement as provided in division (F) of this section. A
petitioner may also provide notice of the modification or
termination to the judicial and law enforcement officials in any
county other than the county in which the order or agreement is
modified or terminated as provided in division (N) of this
section.
(e) If the respondent moves for modification or termination
of a protection order or consent agreement pursuant to this
section, the court may assess costs against the respondent for the
filing of the motion.
(9) Any protection order issued or any consent agreement
approved pursuant to this section shall include a provision that
the court will expunge all of the records of the proceeding in
which the order is issued or agreement approved not later than
thirty days after the respondent attains the age of eighteen years
unless the petitioner provides the court with evidence that the
respondent has not complied with all of the terms of the
protection order or consent agreement. The protection order or
consent agreement shall specify the date when the respondent
attains the age of eighteen years.
(F)(1) A copy of any protection order, or consent
agreement,
that is issued, approved, modified, or terminated 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) Upon the issuance of a protection order or the approval
of a consent agreement under this section, the court shall provide
the parties to the order or agreement with the following notice
orally or by form:
"NOTICE
As a result of this order or consent agreement, it may be
unlawful for you to possess or purchase a firearm, including a
rifle, pistol, or revolver, or ammunition pursuant to federal law
under 18 U.S.C. 922(g)(8). If you have any questions whether this
law makes it illegal for you to possess or purchase a firearm or
ammunition, you should consult an attorney."
(3) 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.
(4) 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, that
refuses to
grant a protection order or approve a consent
agreement
that modifies or terminates a protection order or consent
agreement, or that refuses to modify or terminate a protection
order or 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
any fee, 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 or a delinquent child proceeding 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 or a delinquent child proceeding concerning 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 or adjudication as a
delinquent child for
a violation
of that section, and a person
convicted of or adjudicated a delinquent child for 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.
(O) Nothing in this section prohibits the domestic relations
division of a court of common pleas in counties that have a
domestic relations division or a court of common pleas in counties
that do not have a domestic relations division from designating a
minor child as a protected party on a protection order or consent
agreement.
Sec. 3113.33. As used in sections 3113.33 to 3113.40 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, foster 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 natural parent of any child of whom the person
committing the
domestic violence is the other
natural parent or is
the putative 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
five years prior to the date
of the alleged
occurrence of the act
in question.
Section 2. That existing sections 2151.23,
2151.358,
2903.214, 2919.25,
2919.27,
3113.31, and 3113.33 of the Revised
Code are
hereby
repealed.
Section 3. Section 2151.23 of the Revised Code is presented
in this act as a composite of the section as amended by both Am.
Sub. H.B. 214 and Am. Sub. S.B. 10 of the 127th General Assembly.
Section 3113.33 of the Revised Code is presented
in
this act as a
composite of the section as amended by both Am.
Sub. H.B. 215 and
Am. Sub. S.B. 1 of
the 122nd General Assembly.
The General
Assembly, applying the
principle stated in division
(B) of
section 1.52 of the Revised
Code that amendments are to be
harmonized if reasonably capable of
simultaneous operation, finds
that the composites are the resulting
versions of the sections in
effect prior to the effective date of
the sections as presented in
this act.
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