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Sub. H. B. No. 10 As Reported by the Senate Judiciary--Civil Justice Committee
As Reported by the Senate Judiciary--Civil Justice 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, Amstutz, Bacon, Belcher, Blair, Bolon, Boose, Bubp, Carney, Celeste, Coley, Combs, Daniels, DeBose, DeGeeter, Derickson, Dodd, Domenick, Driehaus, Dyer, Evans, Garland, Gerberry, Goyal, Grossman, Hackett, Hagan, Heard, Hottinger, Jones, Koziura, Lehner, Lundy, Mallory, Mandel, McClain, Murray, Oelslager, Okey, Patten, Pryor, Ruhl, Sayre, Sears, Snitchler, Ujvagi, Weddington, Winburn, Yuko, Zehringer
A BILL
To amend sections 109.36, 109.57, 1901.26, 1901.261,
1907.24, 2101.16, 2101.162, 2101.17, 2111.51,
2113.031, 2151.23, 2151.358, 2151.541, 2152.02,
2301.03, 2303.20, 2303.201, 2329.07, 2743.191,
2903.214, 2913.04, 2919.25, 2919.27, 3109.06,
3113.31, and 3113.33 and to enact sections
2151.34 and 2303.202 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, to include foster parents
under the scope of the domestic violence laws, to
prohibit the unauthorized use of the Ohio Law
Enforcement Gateway, to include courts of appeals
within the definition of "state" for the purposes
of representation by the attorney general in a
civil action brought against a judge that was
elected or appointed to a court of appeals or a
person employed by a court of appeals, to give the
judges of the Butler County Court of Common Pleas
concurrent jurisdiction with judges of the
Juvenile Division of the Butler County Court of
Common Pleas with respect to certain custody and
support cases, to provide for the establishment by
court rule of certain fees to be charged by the
municipal court, court of common pleas, and
probate court, to provide that the judgments
against courts and clerks of courts do not become
dormant, to increase the additional filing fees in
municipal and county courts and courts of common
pleas, and to restrict the use of any portion of
those fees received by the Ohio Legal Assistance
Foundation or any recipient of financial
assistance from the Foundation.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 109.36, 109.57, 1901.26, 1901.261,
1907.24, 2101.16, 2101.162, 2101.17, 2111.51, 2113.031, 2151.23,
2151.358, 2151.541, 2152.02, 2301.03, 2303.20, 2303.201, 2329.07,
2743.191, 2903.214, 2913.04, 2919.25, 2919.27, 3109.06, 3113.31,
and 3113.33 be amended and sections 2151.34 and 2303.202 of the
Revised Code be enacted to read as follows:
Sec. 109.36. As used in this section and sections 109.361 to
109.366 of the Revised Code:
(A)(1) "Officer or employee" means any of the following:
(a) A person who, at the time a cause of action against the
person arises, is serving in an elected or appointed office or
position with the state or is employed by the state.
(b) A person that, at the time a cause of action against the
person, partnership, or corporation arises, is rendering medical,
nursing, dental, podiatric, optometric, physical therapeutic,
psychiatric, or psychological services pursuant to a personal
services contract or purchased service contract with a department,
agency, or institution of the state.
(c) A person that, at the time a cause of action against the
person, partnership, or corporation arises, is rendering peer
review, utilization review, or drug utilization review services in
relation to medical, nursing, dental, podiatric, optometric,
physical therapeutic, psychiatric, or psychological services
pursuant to a personal services contract or purchased service
contract with a department, agency, or institution of the state.
(d) A person who, at the time a cause of action against the
person arises, is rendering medical services to patients in a
state institution operated by the department of mental health, is
a member of the institution's staff, and is performing the
services pursuant to an agreement between the state institution
and a board of alcohol, drug addiction, and mental health services
described in section 340.021 of the Revised Code.
(2) "Officer or employee" does not include any person
elected, appointed, or employed by any political subdivision of
the state.
(B) "State" means the state of Ohio, including but not
limited to, the general assembly, the supreme court, courts of
appeals, the offices of all elected state officers, and all
departments, boards, offices, commissions, agencies, institutions,
and other instrumentalities of the state of Ohio. "State" does not
include political subdivisions.
(C) "Political subdivisions" of the state means municipal
corporations, townships, counties, school districts, and all other
bodies corporate and politic responsible for governmental
activities only in geographical areas smaller than that of the
state.
(D) "Employer" means the general assembly, the supreme court,
courts of appeals, any office of an elected state officer, or any
department, board, office, commission, agency, institution, or
other instrumentality of the state of Ohio that employs or
contracts with an officer or employee or to which an officer or
employee is elected or appointed.
Sec. 109.57. (A)(1) The superintendent of the bureau of
criminal identification and investigation shall procure from
wherever procurable and file for record photographs, pictures,
descriptions, fingerprints, measurements, and other information
that may be pertinent of all persons who have been convicted of
committing within this state a felony, any crime constituting a
misdemeanor on the first offense and a felony on subsequent
offenses, or any misdemeanor described in division (A)(1)(a),
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code,
of all children under eighteen years of age who have been
adjudicated delinquent children for committing within this state
an act that would be a felony or an offense of violence if
committed by an adult or who have been convicted of or pleaded
guilty to committing within this state a felony or an offense of
violence, and of all well-known and habitual criminals. The
person in charge of any county, multicounty, municipal,
municipal-county, or multicounty-municipal jail or workhouse,
community-based correctional facility, halfway house, alternative
residential facility, or state correctional institution and the
person in charge of any state institution having custody of a
person suspected of having committed a felony, any crime
constituting a misdemeanor on the first offense and a felony on
subsequent offenses, or any misdemeanor described in division
(A)(1)(a), (A)(8)(a), or (A)(10)(a) of section 109.572 of the
Revised Code or having custody of a child under eighteen years of
age with respect to whom there is probable cause to believe that
the child may have committed an act that would be a felony or an
offense of violence if committed by an adult shall furnish such
material to the superintendent of the bureau. Fingerprints,
photographs, or other descriptive information of a child who is
under eighteen years of age, has not been arrested or otherwise
taken into custody for committing an act that would be a felony
or an offense of violence who is not in any other category of
child specified in this division, if committed by an adult, has
not been adjudicated a delinquent child for committing an act that
would be a felony or an offense of violence if committed by an
adult, has not been convicted of or pleaded guilty to committing
a felony or an offense of violence, and is not a child with
respect to whom there is probable cause to believe that the child
may have committed an act that would be a felony or an offense of
violence if committed by an adult shall not be procured by the
superintendent or furnished by any person in charge of any
county, multicounty, municipal, municipal-county, or
multicounty-municipal jail or workhouse, community-based
correctional facility, halfway house, alternative residential
facility, or state correctional institution, except as authorized
in section 2151.313 of the Revised Code.
(2) Every clerk of a court of record in this state, other
than the supreme court or a court of appeals, shall send to the
superintendent of the bureau a weekly report containing a summary
of each case involving a felony, involving any crime constituting
a misdemeanor on the first offense and a felony on subsequent
offenses, involving a misdemeanor described in division (A)(1)(a),
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code,
or involving an adjudication in a case in which a child under
eighteen years of age was alleged to be a delinquent child for
committing an act that would be a felony or an offense of
violence if committed by an adult. The clerk of the court of
common pleas shall include in the report and summary the clerk
sends under this division all information described in divisions
(A)(2)(a) to (f) of this section regarding a case before the
court of appeals that is served by that clerk. The summary shall
be written on the standard forms furnished by the superintendent
pursuant to division (B) of this section and shall include the
following information:
(a) The incident tracking number contained on the standard
forms furnished by the superintendent pursuant to division (B) of
this section;
(b) The style and number of the case;
(c) The date of arrest, offense, summons, or arraignment;
(d) The date that the person was convicted of or pleaded
guilty to the offense, adjudicated a delinquent child for
committing the act that would be a felony or an offense of
violence if committed by an adult, found not guilty of the
offense, or found not to be a delinquent child for committing an
act that would be a felony or an offense of violence if committed
by an adult, the date of an entry dismissing the charge, an entry
declaring a mistrial of the offense in which the person is
discharged, an entry finding that the person or child is not
competent to stand trial, or an entry of a nolle prosequi, or the
date of any other determination that constitutes final resolution
of the case;
(e) A statement of the original charge with the section of
the Revised Code that was alleged to be violated;
(f) If the person or child was convicted, pleaded guilty, or
was adjudicated a delinquent child, the sentence or terms of
probation imposed or any other disposition of the offender or the
delinquent child.
If the offense involved the disarming of a law enforcement
officer or an attempt to disarm a law enforcement officer, the
clerk shall clearly state that fact in the summary, and the
superintendent shall ensure that a clear statement of that fact is
placed in the bureau's records.
(3) The superintendent shall cooperate with and assist
sheriffs, chiefs of police, and other law enforcement officers in
the establishment of a complete system of criminal identification
and in obtaining fingerprints and other means of identification of
all persons arrested on a charge of a felony, any crime
constituting a misdemeanor on the first offense and a felony on
subsequent offenses, or a misdemeanor described in division
(A)(1)(a), (A)(8)(a), or (A)(10)(a) of section 109.572 of the
Revised Code and of all children under eighteen years of age
arrested or otherwise taken into custody for committing an act
that would be a felony or an offense of violence if committed by
an adult. The superintendent also shall file for record the
fingerprint impressions of all persons confined in a county,
multicounty, municipal, municipal-county, or multicounty-municipal
jail or workhouse, community-based correctional facility, halfway
house, alternative residential facility, or state correctional
institution for the violation of state laws and of all children
under eighteen years of age who are confined in a county,
multicounty, municipal, municipal-county, or multicounty-municipal
jail or workhouse, community-based correctional facility, halfway
house, alternative residential facility, or state correctional
institution or in any facility for delinquent children for
committing an act that would be a felony or an offense of violence
if committed by an adult, and any other information that the
superintendent may receive from law enforcement officials of the
state and its political subdivisions.
(4) The superintendent shall carry out Chapter 2950. of the
Revised Code with respect to the registration of persons who are
convicted of or plead guilty to a sexually oriented offense or a
child-victim oriented offense and with respect to all other duties
imposed on the bureau under that chapter.
(5) The bureau shall perform centralized recordkeeping
functions for criminal history records and services in this state
for purposes of the national crime prevention and privacy compact
set forth in section 109.571 of the Revised Code and is the
criminal history record repository as defined in that section for
purposes of that compact. The superintendent or the
superintendent's designee is the compact officer for purposes of
that compact and shall carry out the responsibilities of the
compact officer specified in that compact.
(B) The superintendent shall prepare and furnish to every
county, multicounty, municipal, municipal-county, or
multicounty-municipal jail or workhouse, community-based
correctional facility, halfway house, alternative residential
facility, or state correctional institution and to every clerk of
a court in this state specified in division (A)(2) of this section
standard forms for reporting the information required under
division (A) of this section. The standard forms that the
superintendent prepares pursuant to this division may be in a
tangible format, in an electronic format, or in both tangible
formats and electronic formats.
(C)(1) The superintendent may operate a center for
electronic, automated, or other data processing for the storage
and retrieval of information, data, and statistics pertaining to
criminals and to children under eighteen years of age who are
adjudicated delinquent children for committing an act that would
be a felony or an offense of violence if committed by an adult,
criminal activity, crime prevention, law enforcement, and criminal
justice, and may establish and operate a statewide communications
network to be known as the Ohio law enforcement gateway to gather
and disseminate information, data, and statistics for the use of
law enforcement agencies and for other uses specified in this
division. The superintendent may gather, store, retrieve, and
disseminate information, data, and statistics that pertain to
children who are under eighteen years of age and that are gathered
pursuant to sections 109.57 to 109.61 of the Revised Code together
with information, data, and statistics that pertain to adults and
that are gathered pursuant to those sections.
(2) The superintendent or the superintendent's designee shall
gather information of the nature described in division (C)(1) of
this section that pertains to the offense and delinquency history
of a person who has been convicted of, pleaded guilty to, or been
adjudicated a delinquent child for committing a sexually oriented
offense or a child-victim oriented offense for inclusion in the
state registry of sex offenders and child-victim offenders
maintained pursuant to division (A)(1) of section 2950.13 of the
Revised Code and in the internet database operated pursuant to
division (A)(13) of that section and for possible inclusion in the
internet database operated pursuant to division (A)(11) of that
section.
(3) In addition to any other authorized use of information,
data, and statistics of the nature described in division (C)(1)
of this section, the superintendent or the superintendent's
designee may provide and exchange the information, data, and
statistics pursuant to the national crime prevention and privacy
compact as described in division (A)(5) of this section.
(4) The attorney general may adopt rules under Chapter 119.
of the Revised Code establishing guidelines for the operation of
and participation in the Ohio law enforcement gateway. The rules
may include criteria for granting and restricting access to
information gathered and disseminated through the Ohio law
enforcement gateway. The attorney general may appoint a steering
committee to advise the attorney general in the operation of the
Ohio law enforcement gateway that is comprised of persons who are
representatives of the criminal justice agencies in this state
that use the Ohio law enforcement gateway and is chaired by the
superintendent or the superintendent's designee.
(D)(1) The information following are not public records under
section 149.43 of the Revised Code:
(a) Information and materials furnished to the superintendent
pursuant to division (A) of this section and information;
(b) Information, data, and statistics gathered or
disseminated through the Ohio law enforcement gateway pursuant to
division (C)(1) of this section;
(c) Information and materials furnished to any board or
person under division (F) or (G) of this section are not public
records under section 149.43 of the Revised Code.
(2) The superintendent or the superintendent's designee shall
gather and retain information so furnished under division (A) of
this section that pertains to the offense and delinquency history
of a person who has been convicted of, pleaded guilty to, or been
adjudicated a delinquent child for committing a sexually oriented
offense or a child-victim oriented offense for the purposes
described in division (C)(2) of this section.
(E) The attorney general shall adopt rules, in accordance
with Chapter 119. of the Revised Code, setting forth the procedure
by which a person may receive or release information gathered by
the superintendent pursuant to division (A) of this section. A
reasonable fee may be charged for this service. If a temporary
employment service submits a request for a determination of
whether a person the service plans to refer to an employment
position has been convicted of or pleaded guilty to an offense
listed in division (A)(1), (3), (4), (5), or (6) of section
109.572 of the Revised Code, the request shall be treated as a
single request and only one fee shall be charged.
(F)(1) As used in division (F)(2) of this section, "head
start agency" means an entity in this state that has been approved
to be an agency for purposes of subchapter II of the "Community
Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831,
as amended.
(2)(a) In addition to or in conjunction with any request that
is required to be made under section 109.572, 2151.86, 3301.32,
3301.541, 3319.39, 3319.391, 3327.10, 3701.881, 5104.012,
5104.013, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised
Code or that is made under section 3314.41, 3319.392, or 3326.25
of the Revised Code, the board of education of any school
district; the director of developmental disabilities; any county
board of developmental disabilities; any entity under contract
with a county board of developmental disabilities; the chief
administrator of any chartered nonpublic school; the chief
administrator of any home health agency; the chief administrator
of or person operating any child day-care center, type A family
day-care home, or type B family day-care home licensed or
certified under Chapter 5104. of the Revised Code; the
administrator of any type C family day-care home certified
pursuant to Section 1 of Sub. H.B. 62 of the 121st general
assembly or Section 5 of Am. Sub. S.B. 160 of the 121st general
assembly; the chief administrator of any head start agency; the
executive director of a public children services agency; a private
company described in section 3314.41, 3319.392, or 3326.25 of the
Revised Code; or an employer described in division (J)(2) of
section 3327.10 of the Revised Code may request that the
superintendent of the bureau investigate and determine, with
respect to any individual who has applied for employment in any
position after October 2, 1989, or any individual wishing to
apply for employment with a board of education may request, with
regard to the individual, whether the bureau has any information
gathered under division (A) of this section that pertains to that
individual. On receipt of the request, the superintendent shall
determine whether that information exists and, upon request of
the person, board, or entity requesting information, also shall
request from the federal bureau of investigation any criminal
records it has pertaining to that individual. The superintendent
or the superintendent's designee also may request criminal
history records from other states or the federal government
pursuant to the national crime prevention and privacy compact set
forth in section 109.571 of the Revised Code. Within thirty days
of the date that the superintendent receives a request, the
superintendent shall send to the board, entity, or person a
report of any information that the superintendent determines
exists, including information contained in records that have been
sealed under section 2953.32 of the Revised Code, and, within
thirty days of its receipt, shall send the board, entity, or
person a report of any information received from the federal
bureau of investigation, other than information the dissemination
of which is prohibited by federal law.
(b) When a board of education is required to receive
information under this section as a prerequisite to employment of
an individual pursuant to section 3319.39 of the Revised Code, it
may accept a certified copy of records that were issued by the
bureau of criminal identification and investigation and that are
presented by an individual applying for employment with the
district in lieu of requesting that information itself. In such a
case, the board shall accept the certified copy issued by the
bureau in order to make a photocopy of it for that individual's
employment application documents and shall return the certified
copy to the individual. In a case of that nature, a district only
shall accept a certified copy of records of that nature within one
year after the date of their issuance by the bureau.
(c) Notwithstanding division (F)(2)(a) of this section, in
the case of a request under section 3319.39, 3319.391, or 3327.10
of the Revised Code only for criminal records maintained by the
federal bureau of investigation, the superintendent shall not
determine whether any information gathered under division (A) of
this section exists on the person for whom the request is made.
(3) The state board of education may request, with respect to
any individual who has applied for employment after October 2,
1989, in any position with the state board or the department of
education, any information that a school district board of
education is authorized to request under division (F)(2) of this
section, and the superintendent of the bureau shall proceed as if
the request has been received from a school district board of
education under division (F)(2) of this section.
(4) When the superintendent of the bureau receives a request
for information under section 3319.291 of the Revised Code, the
superintendent shall proceed as if the request has been received
from a school district board of education and shall comply with
divisions (F)(2)(a) and (c) of this section.
(5) When a recipient of a classroom reading improvement grant
paid under section 3301.86 of the Revised Code requests, with
respect to any individual who applies to participate in providing
any program or service funded in whole or in part by the grant,
the information that a school district board of education is
authorized to request under division (F)(2)(a) of this section,
the superintendent of the bureau shall proceed as if the request
has been received from a school district board of education under
division (F)(2)(a) of this section.
(G) In addition to or in conjunction with any request that is
required to be made under section 3701.881, 3712.09, 3721.121, or
3722.151 of the Revised Code with respect to an individual who has
applied for employment in a position that involves providing
direct care to an older adult, the chief administrator of a home
health agency, hospice care program, home licensed under Chapter
3721. of the Revised Code, adult day-care program operated
pursuant to rules adopted under section 3721.04 of the Revised
Code, or adult care facility may request that the superintendent
of the bureau investigate and determine, with respect to any
individual who has applied after January 27, 1997, for employment
in a position that does not involve providing direct care to an
older adult, whether the bureau has any information gathered under
division (A) of this section that pertains to that individual.
In addition to or in conjunction with any request that is
required to be made under section 173.27 of the Revised Code with
respect to an individual who has applied for employment in a
position that involves providing ombudsperson services to
residents of long-term care facilities or recipients of
community-based long-term care services, the state long-term care
ombudsperson, ombudsperson's designee, or director of health may
request that the superintendent investigate and determine, with
respect to any individual who has applied for employment in a
position that does not involve providing such ombudsperson
services, whether the bureau has any information gathered under
division (A) of this section that pertains to that applicant.
In addition to or in conjunction with any request that is
required to be made under section 173.394 of the Revised Code with
respect to an individual who has applied for employment in a
position that involves providing direct care to an individual, the
chief administrator of a community-based long-term care agency may
request that the superintendent investigate and determine, with
respect to any individual who has applied for employment in a
position that does not involve providing direct care, whether the
bureau has any information gathered under division (A) of this
section that pertains to that applicant.
On receipt of a request under this division, the
superintendent shall determine whether that information exists
and, on request of the individual requesting information, shall
also request from the federal bureau of investigation any criminal
records it has pertaining to the applicant. The superintendent or
the superintendent's designee also may request criminal history
records from other states or the federal government pursuant to
the national crime prevention and privacy compact set forth in
section 109.571 of the Revised Code. Within thirty days of the
date a request is received, the superintendent shall send to the
requester a report of any information determined to exist,
including information contained in records that have been sealed
under section 2953.32 of the Revised Code, and, within thirty days
of its receipt, shall send the requester a report of any
information received from the federal bureau of investigation,
other than information the dissemination of which is prohibited by
federal law.
(H) Information obtained by a government entity or person
under this section is confidential and shall not be released or
disseminated.
(I) The superintendent may charge a reasonable fee for
providing information or criminal records under division (F)(2) or
(G) of this section.
(J) As used in this section, "sexually oriented offense" and
"child-victim oriented offense" have the same meanings as in
section 2950.01 of the Revised Code.
Sec. 1901.26. (A) Subject to division (E) of this section,
costs in a municipal court shall be fixed and taxed as follows:
(1)(a) The municipal court shall require an advance deposit
for the filing of any new civil action or proceeding when required
by division (C) of this section, and in all other cases, by rule,
shall establish a schedule of fees and costs to be taxed in any
civil or criminal action or proceeding.
(b)(i) The legislative authority of a municipal corporation
may by ordinance establish a schedule of fees to be taxed as costs
in any civil, criminal, or traffic action or proceeding in a
municipal court for the performance by officers or other employees
of the municipal corporation's police department or marshal's
office of any of the services specified in sections 311.17 and
509.15 of the Revised Code. No fee in the schedule shall be higher
than the fee specified in section 311.17 of the Revised Code for
the performance of the same service by the sheriff. If a fee
established in the schedule conflicts with a fee for the same
service established in another section of the Revised Code or a
rule of court, the fee established in the other section of the
Revised Code or the rule of court shall apply.
(ii) When an officer or employee of a municipal police
department or marshal's office performs in a civil, criminal, or
traffic action or proceeding in a municipal court a service
specified in section 311.17 or 509.15 of the Revised Code for
which a taxable fee has been established under this or any other
section of the Revised Code, the applicable legal fees and any
other extraordinary expenses, including overtime, provided for the
service shall be taxed as costs in the case. The clerk of the
court shall pay those legal fees and other expenses, when
collected, into the general fund of the municipal corporation that
employs the officer or employee.
(iii) If a bailiff of a municipal court performs in a civil,
criminal, or traffic action or proceeding in that court a service
specified in section 311.17 or 509.15 of the Revised Code for
which a taxable fee has been established under this section or any
other section of the Revised Code, the fee for the service is the
same and is taxable to the same extent as if the service had been
performed by an officer or employee of the police department or
marshal's office of the municipal corporation in which the court
is located. The clerk of that court shall pay the fee, when
collected, into the general fund of the entity or entities that
fund the bailiff's salary, in the same prorated amount as the
salary is funded.
(iv) Division (A)(1)(b) of this section does not authorize or
require any officer or employee of a police department or
marshal's office of a municipal corporation or any bailiff of a
municipal court to perform any service not otherwise authorized by
law.
(2) The municipal court, by rule, may require an advance
deposit for the filing of any civil action or proceeding and
publication fees as provided in section 2701.09 of the Revised
Code. The court may waive the requirement for advance deposit upon
affidavit or other evidence that a party is unable to make the
required deposit.
(3) When a jury trial is demanded in any civil action or
proceeding, the party making the demand may be required to make an
advance deposit as fixed by rule of court, unless, upon affidavit
or other evidence, the court concludes that the party is unable to
make the required deposit. If a jury is called, the fees of a jury
shall be taxed as costs.
(4) In any civil or criminal action or proceeding, each
witness shall receive twelve dollars for each full day's
attendance and six dollars for each half day's attendance. Each
witness in a municipal court that is not a county-operated
municipal court also shall receive fifty and one-half cents for
each mile necessarily traveled to and from the witness's place of
residence to the action or proceeding.
(5) A reasonable charge for driving, towing, carting,
storing, keeping, and preserving motor vehicles and other personal
property recovered or seized in any proceeding may be taxed as
part of the costs in a trial of the cause, in an amount that shall
be fixed by rule of court.
(6) Chattel property seized under any writ or process issued
by the court shall be preserved pending final disposition for the
benefit of all persons interested and may be placed in storage
when necessary or proper for that preservation. The custodian of
any chattel property so stored shall not be required to part with
the possession of the property until a reasonable charge, to be
fixed by the court, is paid.
(7) The municipal court, as it determines, may refund all
deposits and advance payments of fees and costs, including those
for jurors and summoning jurors, when they have been paid by the
losing party.
(8) Charges for the publication of legal notices required by
statute or order of court may be taxed as part of the costs, as
provided by section 7.13 of the Revised Code.
(B)(1) The municipal court may determine that, for the
efficient operation of the court, additional funds are necessary
to acquire and pay for special projects of the court including,
but not limited to, the acquisition of additional facilities or
the rehabilitation of existing facilities, the acquisition of
equipment, the hiring and training of staff, community service
programs, mediation or dispute resolution services, the employment
of magistrates, the training and education of judges, acting
judges, and magistrates, and other related services. Upon that
determination, the court by rule may charge a fee, in addition to
all other court costs, on the filing of each criminal cause, civil
action or proceeding, or judgment by confession.
If the municipal court offers a special program or service in
cases of a specific type, the municipal court by rule may assess
an additional charge in a case of that type, over and above court
costs, to cover the special program or service. The municipal
court shall adjust the special assessment periodically, but not
retroactively, so that the amount assessed in those cases does not
exceed the actual cost of providing the service or program.
All moneys collected under division (B) of this section shall
be paid to the county treasurer if the court is a county-operated
municipal court or to the city treasurer if the court is not a
county-operated municipal court for deposit into either a general
special projects fund or a fund established for a specific special
project. Moneys from a fund of that nature shall be disbursed upon
an order of the court in an amount no greater than the actual cost
to the court of a project. If a specific fund is terminated
because of the discontinuance of a program or service established
under division (B) of this section, the municipal court may order
that moneys remaining in the fund be transferred to an account
established under this division for a similar purpose.
(2) As used in division (B) of this section:
(a) "Criminal cause" means a charge alleging the violation of
a statute or ordinance, or subsection of a statute or ordinance,
that requires a separate finding of fact or a separate plea before
disposition and of which the defendant may be found guilty,
whether filed as part of a multiple charge on a single summons,
citation, or complaint or as a separate charge on a single
summons, citation, or complaint. "Criminal cause" does not include
separate violations of the same statute or ordinance, or
subsection of the same statute or ordinance, unless each charge is
filed on a separate summons, citation, or complaint.
(b) "Civil action or proceeding" means any civil litigation
that must be determined by judgment entry.
(C) The municipal court shall collect in all its divisions
except the small claims division the sum of twenty-six thirty-one
dollars as additional filing fees in each new civil action or
proceeding for the charitable public purpose of providing
financial assistance to legal aid societies that operate within
the state and to support the office of the state public defender.
The municipal court shall collect in its small claims division the
sum of eleven dollars as additional filing fees in each new civil
action or proceeding for the charitable public purpose of
providing financial assistance to legal aid societies that operate
within the state and to support the office of the state public
defender. This division does not apply to any execution on a
judgment, proceeding in aid of execution, or other post-judgment
proceeding arising out of a civil action. The filing fees required
to be collected under this division shall be in addition to any
other court costs imposed in the action or proceeding and shall be
collected at the time of the filing of the action or proceeding.
The court shall not waive the payment of the additional filing
fees in a new civil action or proceeding unless the court waives
the advanced payment of all filing fees in the action or
proceeding. All such moneys collected during a month except for an
amount equal to up to one per cent of those moneys retained to
cover administrative costs shall be transmitted on or before the
twentieth day of the following month by the clerk of the court to
the treasurer of state in a manner prescribed by the treasurer of
state or by the Ohio legal assistance foundation. The treasurer of
state shall deposit four three per cent of the funds collected
under this division to the credit of the civil case filing fee
fund established under section 120.07 of the Revised Code and
ninety-six ninety-seven per cent of the funds collected under this
division to the credit of the legal aid fund established under
section 120.52 of the Revised Code.
The Ohio legal assistance foundation or any recipient of
financial assistance from the foundation that receives, or
benefits from, any portion of the additional filing fees that are
collected and transmitted under this division shall not bring or
maintain any action for damages against the state or its political
subdivisions, except if the sole amount sought is restitutionary
damages or damages measured by economic loss to one or more
plaintiffs.
The court may retain up to one per cent of the moneys it
collects under this division to cover administrative costs,
including the hiring of any additional personnel necessary to
implement this division. If the court fails to transmit to the
treasurer of state the moneys the court collects under this
division in a manner prescribed by the treasurer of state or by
the Ohio legal assistance foundation, the court shall forfeit the
moneys the court retains under this division to cover
administrative costs, including the hiring of any additional
personnel necessary to implement this division, and shall transmit
to the treasurer of state all moneys collected under this
division, including the forfeited amount retained for
administrative costs, for deposit in the legal aid fund.
(D) In the Cleveland municipal court, reasonable charges for
investigating titles of real estate to be sold or disposed of
under any writ or process of the court may be taxed as part of the
costs.
(E) Under the circumstances described in sections 2969.21 to
2969.27 of the Revised Code, the clerk of the municipal court
shall charge the fees and perform the other duties specified in
those sections.
(F) As used in this section:
(1) "Full day's attendance" means a day on which a witness is
required or requested to be present at an action or proceeding
before and after twelve noon, regardless of whether the witness
actually testifies.
(2) "Half day's attendance" means a day on which a witness is
required or requested to be present at an action or proceeding
either before or after twelve noon, but not both, regardless of
whether the witness actually testifies.
Sec. 1901.261. (A)(1) A municipal court may determine that
for the efficient operation of the court additional funds are
required to computerize the court, to make available computerized
legal research services, or to do both. Upon making a
determination that additional funds are required for either or
both of those purposes, the court shall include in its schedule of
fees and costs under section 1901.26 of the Revised Code establish
by rule and charge one additional fee not to exceed three six
dollars on the filing of each cause of action or appeal equivalent
to one described in division (A), (Q), or (U) of section 2303.20
of the Revised Code and shall direct the clerk of the court to
charge the fee. Not less than thirty days before adopting a rule
under this division, the clerk of the court shall publish a notice
in a newspaper of general circulation in the county in which the
municipal court is located setting forth the proposed rule.
(2) All fees collected under this section shall be paid to
the county treasurer if the court is a county-operated municipal
court or to the city treasurer if the court is not a
county-operated municipal court. The treasurer shall place the
funds from the fees in a separate fund to be disbursed upon an
order of the court in an amount not greater than the actual cost
to the court of computerizing the court, procuring and maintaining
computerized legal research services, or both.
(3) If the court determines that the funds in the fund
described in division (A)(2) of this section are more than
sufficient to satisfy the purpose for which the additional fee
described in division (A)(1) of this section was imposed, the
court may declare a surplus in the fund and expend those surplus
funds for other appropriate technological expenses of the court.
(B)(1) A municipal court may determine that, for the
efficient operation of the court, additional funds are required to
make technological advances and to computerize the office of the
clerk of the court and, upon that determination, may include in
its schedule of fees and costs under section 1901.26 of the
Revised Code establish by rule and charge an additional fee not to
exceed ten twenty dollars on the filing of each cause of action or
appeal, on the filing, docketing, and endorsing of each
certificate of judgment, or on the docketing and indexing of each
aid in execution or petition to vacate, revive, or modify a
judgment that is equivalent to one described in division (A), (P),
(Q), (T), or (U) of section 2303.20 of the Revised Code. Not less
than thirty days before adopting a rule under this division, the
clerk of the court shall publish a notice in a newspaper of
general circulation in the county in which the municipal court is
located setting forth the proposed rule. Subject to division
(B)(2) of this section, all moneys collected under division (B)(1)
of this section shall be paid to the county treasurer if the court
is a county-operated municipal court or to the city treasurer if
the court is not a county-operated municipal court. The treasurer
shall place the funds from the fees in a separate fund to be
disbursed, upon an order of the municipal court and subject to an
appropriation by the board of county commissioners if the court is
a county-operated municipal court or by the legislative authority
of the municipal corporation if the court is not a county-operated
municipal court, in an amount no greater than the actual cost to
the court of procuring and maintaining computer systems for the
office of the clerk of the municipal court.
(2) If a municipal court makes the determination described in
division (B)(1) of this section, the board of county commissioners
of the county if the court is a county-operated municipal court or
the legislative authority of the municipal corporation if the
court is not a county-operated municipal court, may issue one or
more general obligation bonds for the purpose of procuring and
maintaining the computer systems for the office of the clerk of
the municipal court. In addition to the purposes stated in
division (B)(1) of this section for which the moneys collected
under that division may be expended, the moneys additionally may
be expended to pay debt charges and financing costs related to any
general obligation bonds issued pursuant to division (B)(2) of
this section as they become due. General obligation bonds issued
pursuant to division (B)(2) of this section are Chapter 133.
securities.
Sec. 1907.24. (A) Subject to division (C) of this section, a
county court shall fix and tax fees and costs as follows:
(1) The county court shall require an advance deposit for the
filing of any new civil action or proceeding when required by
division (C) of this section and, in all other cases, shall
establish a schedule of fees and costs to be taxed in any civil or
criminal action or proceeding.
(2) The county court by rule may require an advance deposit
for the filing of a civil action or proceeding and publication
fees as provided in section 2701.09 of the Revised Code. The court
may waive an advance deposit requirement upon the presentation of
an affidavit or other evidence that establishes that a party is
unable to make the requisite deposit.
(3) When a party demands a jury trial in a civil action or
proceeding, the county court may require the party to make an
advance deposit as fixed by rule of court, unless the court
concludes, on the basis of an affidavit or other evidence
presented by the party, that the party is unable to make the
requisite deposit. If a jury is called, the county court shall tax
the fees of a jury as costs.
(4) In a civil or criminal action or proceeding, the county
court shall fix the fees of witnesses in accordance with sections
2335.06 and 2335.08 of the Revised Code.
(5) A county court may tax as part of the costs in a trial of
the cause, in an amount fixed by rule of court, a reasonable
charge for driving, towing, carting, storing, keeping, and
preserving motor vehicles and other personal property recovered or
seized in a proceeding.
(6) The court shall preserve chattel property seized under a
writ or process issued by the court pending final disposition for
the benefit of all interested persons. The court may place the
chattel property in storage when necessary or proper for its
preservation. The custodian of chattel property so stored shall
not be required to part with the possession of the property until
a reasonable charge, to be fixed by the court, is paid.
(7) The county court, as it determines, may refund all
deposits and advance payments of fees and costs, including those
for jurors and summoning jurors, when they have been paid by the
losing party.
(8) The court may tax as part of costs charges for the
publication of legal notices required by statute or order of
court, as provided by section 7.13 of the Revised Code.
(B)(1) The county court may determine that, for the efficient
operation of the court, additional funds are necessary to acquire
and pay for special projects of the court including, but not
limited to, the acquisition of additional facilities or the
rehabilitation of existing facilities, the acquisition of
equipment, the hiring and training of staff, community service
programs, mediation or dispute resolution services, the employment
of magistrates, the training and education of judges, acting
judges, and magistrates, and other related services. Upon that
determination, the court by rule may charge a fee, in addition to
all other court costs, on the filing of each criminal cause, civil
action or proceeding, or judgment by confession.
If the county court offers a special program or service in
cases of a specific type, the county court by rule may assess an
additional charge in a case of that type, over and above court
costs, to cover the special program or service. The county court
shall adjust the special assessment periodically, but not
retroactively, so that the amount assessed in those cases does not
exceed the actual cost of providing the service or program.
All moneys collected under division (B) of this section shall
be paid to the county treasurer for deposit into either a general
special projects fund or a fund established for a specific special
project. Moneys from a fund of that nature shall be disbursed upon
an order of the court in an amount no greater than the actual cost
to the court of a project. If a specific fund is terminated
because of the discontinuance of a program or service established
under division (B) of this section, the county court may order
that moneys remaining in the fund be transferred to an account
established under this division for a similar purpose.
(2) As used in division (B) of this section:
(a) "Criminal cause" means a charge alleging the violation of
a statute or ordinance, or subsection of a statute or ordinance,
that requires a separate finding of fact or a separate plea before
disposition and of which the defendant may be found guilty,
whether filed as part of a multiple charge on a single summons,
citation, or complaint or as a separate charge on a single
summons, citation, or complaint. "Criminal cause" does not include
separate violations of the same statute or ordinance, or
subsection of the same statute or ordinance, unless each charge is
filed on a separate summons, citation, or complaint.
(b) "Civil action or proceeding" means any civil litigation
that must be determined by judgment entry.
(C) Subject to division (E) of this section, the county court
shall collect in all its divisions except the small claims
division the sum of twenty-six thirty-one dollars as additional
filing fees in each new civil action or proceeding for the
charitable public purpose of providing financial assistance to
legal aid societies that operate within the state and to support
the office of the state public defender. Subject to division (E)
of this section, the county court shall collect in its small
claims division the sum of eleven dollars as additional filing
fees in each new civil action or proceeding for the charitable
public purpose of providing financial assistance to legal aid
societies that operate within the state and to support the office
of the state public defender. This division does not apply to any
execution on a judgment, proceeding in aid of execution, or other
post-judgment proceeding arising out of a civil action. The filing
fees required to be collected under this division shall be in
addition to any other court costs imposed in the action or
proceeding and shall be collected at the time of the filing of the
action or proceeding. The court shall not waive the payment of the
additional filing fees in a new civil action or proceeding unless
the court waives the advanced payment of all filing fees in the
action or proceeding. All such moneys collected during a month
except for an amount equal to up to one per cent of those moneys
retained to cover administrative costs shall be transmitted on or
before the twentieth day of the following month by the clerk of
the court to the treasurer of state in a manner prescribed by the
treasurer of state or by the Ohio legal assistance foundation. The
treasurer of state shall deposit four three per cent of the funds
collected under this division to the credit of the civil case
filing fee fund established under section 120.07 of the Revised
Code and ninety-six ninety-seven per cent of the funds collected
under this division to the credit of the legal aid fund
established under section 120.52 of the Revised Code.
The Ohio legal assistance foundation or any recipient of
financial assistance from the foundation that receives, or
benefits from, any portion of the additional filing fees that are
collected and transmitted under this division shall not bring or
maintain any action for damages against the state or its political
subdivisions, except if the sole amount sought is restitutionary
damages or damages measured by economic loss to one or more
plaintiffs.
The court may retain up to one per cent of the moneys it
collects under this division to cover administrative costs,
including the hiring of any additional personnel necessary to
implement this division. If the court fails to transmit to the
treasurer of state the moneys the court collects under this
division in a manner prescribed by the treasurer of state or by
the Ohio legal assistance foundation, the court shall forfeit the
moneys the court retains under this division to cover
administrative costs, including the hiring of any additional
personnel necessary to implement this division, and shall transmit
to the treasurer of state all moneys collected under this
division, including the forfeited amount retained for
administrative costs, for deposit in the legal aid fund.
(D) The county court shall establish by rule a schedule of
fees for miscellaneous services performed by the county court or
any of its judges in accordance with law. If judges of the court
of common pleas perform similar services, the fees prescribed in
the schedule shall not exceed the fees for those services
prescribed by the court of common pleas.
(E) Under the circumstances described in sections 2969.21 to
2969.27 of the Revised Code, the clerk of the county court shall
charge the fees and perform the other duties specified in those
sections.
Sec. 2101.16. (A) Except as provided in section 2101.164 of
the Revised Code, the probate court shall establish by rule,
charge, and collect, if possible, fees enumerated for services
rendered in proceedings referred to in this division
shall be
charged and collected, if possible, by the probate judge, and the
fees shall be in full for all services rendered in the respective
proceedings. The fee established for services rendered in any
proceeding referred to in division (A)(2), (29), (33), (44), or
(57) of this section shall not be less than the amount of that fee
that must be deposited into a specific fund under division (C) or
(G) of this section. The probate judge may by rule modify any fee
previously established under this division. Not less than thirty
days before adopting a rule under this division, the probate judge
shall publish a notice in a newspaper of general circulation in
the county in which the probate court is located setting forth the
proposed rule. The probate judge shall establish fees for services
rendered in the following proceedings, not to exceed the specified
amounts:
(1) |
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Account, in addition to advertising charges |
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|
|
|
|
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$ |
12.00 20.00 |
|
|
Waivers and proof of notice of hearing on account, per page, minimum one dollar |
|
|
|
|
|
|
|
$ |
1.00 2.00 |
(2) |
|
Account of distribution, in addition to advertising charges |
|
|
|
|
|
|
|
$ |
7.00 |
(3) |
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Adoption of child, petition for |
|
|
|
|
|
|
|
$ |
50.00 60.00 |
(4)(3) |
|
Alter or cancel contract for sale or purchase of real estate, petition to |
|
|
|
|
|
|
|
$ |
20.00 35.00 |
(5) |
|
Application and (4) Entry or order not otherwise provided for in this section or by rule adopted pursuant to division (E) of this section |
|
|
|
|
|
|
|
$ |
5.00 10.00 |
(6)(5) |
|
Appropriation suit, per day, hearing in |
|
|
|
|
|
|
|
$ |
20.00 35.00 |
(7)(6) |
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Birth, application for registration of |
|
|
|
|
|
|
|
$ |
7.00 15.00 |
(8)(7) |
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Birth record, application to correct |
|
|
|
|
|
|
|
$ |
5.00 10.00 |
(9)(8) |
|
Bond, application for new or additional |
|
|
|
|
|
|
|
$ |
5.00 10.00 |
(10)(9) |
|
Bond, application for release of surety or reduction of |
|
|
|
|
|
|
|
$ |
5.00 10.00 |
(11)(10) |
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Bond, receipt for securities deposited in lieu of |
|
|
|
|
|
|
|
$ |
5.00 10.00 |
(12)(11) |
|
Certified copy of journal entry, record, or proceeding, per page, minimum fee one dollar |
|
|
|
|
|
|
|
$ |
1.00 2.00 |
(13)(12) |
|
Citation and issuing citation, application for |
|
|
|
|
|
|
|
$ |
5.00 10.00 |
(14)(13) |
|
Change of name, petition for |
|
|
|
|
|
|
|
$ |
20.00 35.00 |
(15)(14) |
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Claim, application of administrator or executor for allowance of administrator's or executor's own |
|
|
|
|
|
|
|
$ |
10.00 20.00 |
(16)(15) |
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Claim, application to compromise or settle |
|
|
|
|
|
|
|
$ |
10.00 20.00 |
(17)(16) |
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Claim, authority to present |
|
|
|
|
|
|
|
$ |
10.00 20.00 |
(18)(17) |
|
Commissioner, appointment of |
|
|
|
|
|
|
|
$ |
5.00 10.00 |
(19)(18) |
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Compensation for extraordinary services and attorney's fees for fiduciary, application for |
|
|
|
|
|
|
|
$ |
5.00 10.00 |
(20)(19) |
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Competency, application to procure adjudication of |
|
|
|
|
|
|
|
$ |
20.00 35.00 |
(21)(20) |
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Complete contract, application to |
|
|
|
|
|
|
|
$ |
10.00 20.00 |
(22)(21) |
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Concealment of assets, citation for |
|
|
|
|
|
|
|
$ |
10.00 20.00 |
(23)(22) |
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Construction of will, petition for |
|
|
|
|
|
|
|
$ |
20.00 35.00 |
(24)(23) |
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Continue decedent's business, application to |
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|
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|
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$ |
10.00 20.00 |
|
|
Monthly reports of operation |
|
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|
|
|
|
|
$ |
5.00 10.00 |
(25)(24) |
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Declaratory judgment, petition for |
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|
|
|
|
|
$ |
20.00 35.00 |
(26)(25) |
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Deposit of will |
|
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|
|
|
|
|
$ |
5.00 10.00 |
(27)(26) |
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Designation of heir |
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|
|
|
|
|
|
$ |
20.00 35.00 |
(28)(27) |
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Distribution in kind, application, assent, and order for |
|
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|
|
|
|
|
$ |
5.00 10.00 |
(29)(28) |
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Distribution under section 2109.36 of the Revised Code, application for an order of |
|
|
|
|
|
|
|
$ |
7.00 15.00 |
(30)(29) |
|
Docketing and indexing proceedings, including the filing and noting of all necessary documents, maximum fee, fifteen dollars |
|
|
|
|
|
|
|
$ |
15.00 30.00 |
(31)(30) |
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Exceptions to any proceeding named in this section, contest of appointment or |
|
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|
|
|
|
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$ |
10.00 20.00 |
(32)(31) |
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Election of surviving partner to purchase assets of partnership, proceedings relating to |
|
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|
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|
|
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$ |
10.00 20.00 |
(33)(32) |
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Election of surviving spouse under will |
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|
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$ |
5.00 10.00 |
(34)(33) |
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Fiduciary, including an assignee or trustee of an insolvent debtor or any guardian or conservator accountable to the probate court, appointment of |
|
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|
|
|
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$ |
35.00 55.00 |
(35)(34) |
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Foreign will, application to record |
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|
|
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$ |
10.00 20.00 |
|
|
Record of foreign will, additional, per page |
|
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|
|
$ |
1.00 2.00 |
(36)(35) |
|
Forms, per case, when supplied made available by the probate court, not to exceed |
|
|
|
|
|
|
|
$ |
10.00 20.00 |
(37)(36) |
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Heirship, petition to determine |
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|
|
|
|
|
|
$ |
20.00 35.00 |
(38)(37) |
|
Injunction proceedings |
|
|
|
|
|
|
|
$ |
20.00 35.00 |
(39)(38) |
|
Improve real estate, petition to |
|
|
|
|
|
|
|
$ |
20.00 35.00 |
(40)(39) |
|
Inventory with appraisement |
|
|
|
|
|
|
|
$ |
10.00 20.00 |
(41) |
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Inventory without appraisement |
|
|
|
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|
|
|
$ |
7.00 |
(42)(40) |
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Investment or expenditure of funds, application and entry for |
|
|
|
|
|
|
|
$ |
10.00 20.00 |
(43)(41) |
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Invest in real estate, application to |
|
|
|
|
|
|
|
$ |
10.00 20.00 |
(44)(42) |
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Lease for oil, gas, coal, or other mineral, petition to |
|
|
|
|
|
|
|
$ |
20.00 35.00 |
(45)(43) |
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Lease or lease and improve real estate, petition to |
|
|
|
|
|
|
|
$ |
20.00 35.00 |
(46)(44) |
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Marriage license |
|
|
|
|
|
|
|
$ |
10.00 20.00 |
|
|
Certified abstract of each marriage |
|
|
|
|
|
|
|
$ |
2.00 5.00 |
(47)(45) |
|
Minor or mentally ill person, etc., disposal of estate under ten thousand dollars of |
|
|
|
|
|
|
|
$ |
10.00 20.00 |
(48)(46) |
|
Mortgage or mortgage and repair or improve real estate, petition to |
|
|
|
|
|
|
|
$ |
20.00 35.00 |
(49)(47) |
|
Newly discovered assets, report of |
|
|
|
|
|
|
|
$ |
7.00 20.00 |
(50)(48) |
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Nonresident executor or administrator to bar creditors' claims, proceedings by |
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$ |
20.00 35.00 |
(51)(49) |
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Power of attorney or revocation of power, bonding company |
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|
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|
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|
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$ |
10.00 50.00 |
(52)(50) |
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Presumption of death, petition to establish |
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|
|
|
$ |
20.00 35.00 |
(53)(51) |
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Probating will |
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|
|
|
|
|
$ |
15.00 25.00 |
|
|
Proof of notice to beneficiaries |
|
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|
|
|
$ |
5.00 |
(54)(52) |
|
Purchase personal property, application of surviving spouse to |
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|
|
|
|
$ |
10.00 20.00 |
(55)(53) |
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Purchase real estate at appraised value, petition of surviving spouse to |
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|
|
$ |
20.00 35.00 |
(56)(54) |
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Receipts in addition to advertising charges, application and order to record |
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$ |
5.00 10.00 |
|
|
Record of those receipts, additional, per page |
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|
|
|
$ |
1.00 2.00 |
(57)(55) |
|
Record in excess of fifteen hundred words five pages in any proceeding in the probate court, per page |
|
|
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|
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|
|
$ |
1.00 2.00 |
(58)(56) |
|
Release of estate by mortgagee or other lienholder |
|
|
|
|
|
|
|
$ |
5.00 10.00 |
(59)(57) |
|
Relieving an estate from administration under section 2113.03 of the Revised Code or granting an order for a summary release from administration under section 2113.031 of the Revised Code |
|
|
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|
|
|
$ |
60.00 |
(60)(58) |
|
Removal of fiduciary, application for |
|
|
|
|
|
|
|
$ |
10.00 20.00 |
(61)(59) |
|
Requalification of executor or administrator |
|
|
|
|
|
|
|
$ |
10.00 20.00 |
(62)(60) |
|
Resignation of fiduciary |
|
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|
|
|
|
|
$ |
5.00 10.00 |
(63)(61) |
|
Sale bill, public sale of personal property |
|
|
|
|
|
|
|
$ |
10.00 20.00 |
(64)(62) |
|
Sale of personal property and report, application for |
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|
|
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|
|
|
$ |
10.00 20.00 |
(65)(63) |
|
Sale of real estate, petition for |
|
|
|
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|
|
|
$ |
25.00 50.00 |
(66)(64) |
|
Terminate guardianship, petition application and entry to |
|
|
|
|
|
|
|
$ |
10.00 20.00 |
(67)(65) |
|
Transfer of real estate, application, entry, and certificate for |
|
|
|
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|
|
|
$ |
7.00 15.00 |
(68)(66) |
|
Unclaimed money, application to invest |
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|
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|
|
$ |
7.00 12.00 |
(69)(67) |
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Vacate approval of account or order of distribution, motion to |
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|
|
$ |
10.00 20.00 |
(70)(68) |
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Writ of execution |
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|
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|
|
$ |
5.00 10.00 |
(71)(69) |
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Writ of possession |
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|
|
|
|
|
|
$ |
5.00 20.00 |
(72)(70) |
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Wrongful death, application and settlement of claim for |
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|
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|
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|
$ |
20.00 35.00 |
(73)(71) |
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Year's allowance, petition to review |
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|
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|
|
$ |
7.00 15.00 |
(74)(72) |
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Guardian's report, filing and review of |
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|
|
|
|
|
|
$ |
5.00 10.00 |
(B)(1) In relation to an application for the appointment of a
guardian or the review of a report of a guardian under section
2111.49 of the Revised Code, the probate court, pursuant to court
order or in accordance with a court rule, may direct that the
applicant or the estate pay any or all of the expenses of an
investigation conducted pursuant to section 2111.041 or division
(A)(2) of section 2111.49 of the Revised Code. If the
investigation is conducted by a public employee or investigator
who is paid by the county, the fees for the investigation shall be
paid into the county treasury. If the court finds that an alleged
incompetent or a ward is indigent, the court may waive the costs,
fees, and expenses of an investigation.
(2) In relation to the appointment or functioning of a
guardian for a minor or the guardianship of a minor, the probate
court may direct that the applicant or the estate pay any or all
of the expenses of an investigation conducted pursuant to section
2111.042 of the Revised Code. If the investigation is conducted by
a public employee or investigator who is paid by the county, the
fees for the investigation shall be paid into the county treasury.
If the court finds that the guardian or applicant is indigent, the
court may waive the costs, fees, and expenses of an investigation.
(C) Thirty Fifteen dollars of the thirty-five-dollar fee
collected pursuant to division (A)(34)(29) of this section, fifty
dollars of the fee collected pursuant to division (A)(33) of this
section, ten dollars of the fee collected pursuant to division
(A)(44) of this section, and
twenty thirty dollars of the
sixty-dollar fee collected pursuant to division (A)(59)(57) of
this section shall be deposited by the county treasurer in the
indigent guardianship fund created pursuant to section 2111.51 of
the Revised Code.
(D) The fees of witnesses, jurors, sheriffs, coroners, and
constables for services rendered in the probate court or by order
of the probate judge shall be the same as provided for like
services in the court of common pleas.
(E) The probate court, by rule, may require an advance
deposit for costs, not to exceed one two hundred twenty-five fifty
dollars plus the cost of publication, at the time application is
made for an appointment as executor or administrator or at the
time a will is presented for probate.
(F) The probate court, by rule, shall establish a reasonable
fee, not to exceed fifty dollars, for the filing of a petition for
the release of information regarding an adopted person's name by
birth and the identity of the adopted person's biological parents
and biological siblings pursuant to section 3107.41 of the Revised
Code, all proceedings relative to the petition, the entry of an
order relative to the petition, and all services required to be
performed in connection with the petition. The probate court may
use a reasonable portion of a fee charged under authority of this
division to reimburse any agency, as defined in section 3107.39 of
the Revised Code, for any services it renders in performing a task
described in section 3107.41 of the Revised Code relative to or in
connection with the petition for which the fee was charged.
(G)(1) Thirty dollars of the fifty-dollar fee collected
pursuant to division (A)(3)(2) of this section shall be deposited
into the "putative father registry fund," which is hereby created
in the state treasury. The department of job and family services
shall use the money in the fund to fund the department's costs of
performing its duties related to the putative father registry
established under section 3107.062 of the Revised Code.
(2) If the department determines that money in the putative
father registry fund is more than is needed for its duties related
to the putative father registry, the department may use the
surplus moneys in the fund as permitted in division (C) of section
2151.3529, division (B) of section 2151.3530, or section 5103.155
of the Revised Code.
Sec. 2101.162. (A)(1) The probate judge may determine that,
for the efficient operation of the probate court, additional funds
are required to computerize the court, make available computerized
legal research services, or to do both. Upon making a
determination that additional funds are required for either or
both of those purposes, the probate judge shall establish by rule
and charge a fee not to exceed three five dollars or authorize and
direct a deputy clerk of his the probate court to charge a fee not
to exceed three
five dollars, in addition to the fees specified in
divisions (A)(1),
(3), (4), (6), (14) to (17), (20) to (25), (27),
(30) to (32), (34), (35), (37) to (48), (50) to (55), (59) to
(61), (63) to (66), (69), and (72) (2), (3), (5), (13) to (16),
(19) to (24), (26), (29) to (31), (33), (34), (36) to (46), (48)
to (53), (57) to (59), (61) to (64), (67), and (70) of section
2101.16 of the Revised Code, the fee adopted pursuant to division
(F) of that section, and the fee charged in connection with the
docketing and indexing of an appeal. Not less than thirty days
before adopting a rule under this division, the probate judge
shall publish a notice in a newspaper of general circulation in
the county in which the probate court is located setting forth the
proposed rule.
(2) All moneys collected under division (A)(1) of this
section shall be paid to the county treasurer. The treasurer shall
place the moneys from the fees in a separate fund to be disbursed,
upon an order of the probate judge, in an amount no greater than
the actual cost to the court of procuring and maintaining
computerization of the court, computerized legal research
services, or both.
(3) If the court determines that the funds in the fund
described in division (A)(2) of this section are more than
sufficient to satisfy the purpose for which the additional fee
described in division (A)(1) of this section was imposed, the
court may declare a surplus in the fund and expend those surplus
funds for other appropriate technological expenses of the court.
(B)(1) The probate judge may determine that, for the
efficient operation of his the probate court, additional funds are
required to computerize the office of the clerk of the court and,
upon that determination, may establish by rule and charge a fee,
not to exceed ten
fifteen dollars, or authorize and direct a
deputy clerk of the probate court to charge a fee, not to exceed
ten fifteen dollars, in addition to the fees specified in
divisions (A)(1), (3), (4), (6), (14) to (17), (20) to (25), (27),
(30) to (32), (34), (35), (37) to (48), (50) to (55), (59) to
(61), (63) to (66), (69), and (72)
(2), (3), (5), (13) to (16),
(19) to (24), (26), (29) to (31), (33), (34), (36) to (46), (48)
to (53), (57) to (59), (61) to (64), (67), and (70) of section
2101.16 of the Revised Code, the fee adopted pursuant to division
(F) of that section, and the fee charged in connection with the
docketing and indexing of an appeal. Not less than thirty days
before adopting a rule under this division, the probate judge
shall publish a notice in a newspaper of general circulation in
the county in which the probate court is located setting forth the
proposed rule. Subject to division (B)(2) of this section, all
moneys collected under this division shall be paid to the county
treasurer to be disbursed, upon an order of the probate judge and
subject to appropriation by the board of county commissioners, in
an amount no greater than the actual cost to the probate court of
procuring and maintaining computer systems for the office of the
clerk of the court.
(2) If the probate judge makes the determination described in
division (B)(1) of this section, the board of county commissioners
may issue one or more general obligation bonds for the purpose of
procuring and maintaining the computer systems for the office of
the clerk of the probate court. In addition to the purposes stated
in division (B)(1) of this section for which the moneys collected
under that division may be expended, the moneys additionally may
be expended to pay debt charges on and financing costs related to
any general obligation bonds issued pursuant to this division as
they become due. General obligation bonds issued pursuant to this
division are Chapter 133. securities.
Sec. 2101.17. The fees enumerated in this section shall be
paid to the probate court from the county treasury upon the
warrant of the county auditor which shall issue upon the
certificate of the probate judge and shall be in full for all
services rendered in the respective proceedings as follows:
|
(A) |
|
For each hearing to determine if a person is a mentally ill individual subject to hospitalization when the person is committed to a state hospital or to relatives |
|
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$ |
12.00 40.00; |
|
(B) |
|
When the person is discharged |
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|
|
7.00 25.00; |
|
(C) |
|
For order of return of a mentally ill person to a state hospital or removal therefrom |
|
|
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|
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|
|
2.00 10.00; |
|
(D) |
|
For proceedings for committing a person to an institution for the mentally retarded |
|
|
|
|
|
|
|
10.00 35.00; |
|
(E) |
|
For habeas corpus proceedings when a person is confined under color of proceedings in a criminal case and is discharged |
|
|
|
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|
|
|
10.00 35.00; |
|
(F) |
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When acting as a juvenile judge, for each case filed against a delinquency delinquent, dependent, unruly, or neglected child, or a juvenile traffic offender |
|
|
|
|
|
|
|
5.00 20.00; |
|
(G) |
|
For proceedings to take a child from parents or other persons having control thereof |
|
|
|
|
|
|
|
5.00 20.00. |
Sec. 2111.51. Each county shall establish in the county
treasury an indigent guardianship fund. All revenue that the
general assembly appropriates to the indigent guardianship fund
for a county, thirty fifteen dollars of the thirty-five-dollar fee
collected pursuant to division (A)(34)(29) of section 2101.16 of
the Revised Code, fifty dollars of the fee collected pursuant to
division (A)(33) of that section, ten dollars of the fee collected
pursuant to division (A)(44) of that section, and twenty thirty
dollars of the
sixty-dollar fee collected pursuant to division
(A)(59)()(57) of that section shall be deposited into the fund
that is established in that county. Expenditures from the fund
shall be made only upon order of the probate judge and only for
payment of any cost, fee, charge, or expense associated with the
establishment, opening, maintenance, or termination of a
guardianship for an indigent ward.
If a probate court determines that there are reasonably
sufficient funds in the indigent guardianship fund of the county
in which the court is located to meet the needs of indigent
guardianships in that county, the court, by order, may declare a
surplus in the indigent guardianship fund and expend the surplus
funds for other guardianship expenses or for other court purposes.
Sec. 2113.031. (A) As used in this section:
(1) "Financial institution" has the same meaning as in
section 5725.01 of the Revised Code. "Financial institution" also
includes a credit union and a fiduciary that is not a trust
company but that does trust business.
(2) "Funeral and burial expenses" means whichever of the
following applies:
(a) The funeral and burial expenses of the decedent that are
included in the bill of a funeral director;
(b) The funeral expenses of the decedent that are not
included in the bill of a funeral director and that have been
approved by the probate court;
(c) The funeral and burial expenses of the decedent that are
described in divisions (A)(2)(a) and (b) of this section.
(3) "Surviving spouse" means either of the following:
(a) The surviving spouse of a decedent who died leaving the
surviving spouse and no minor children;
(b) The surviving spouse of a decedent who died leaving the
surviving spouse and minor children, all of whom are children of
the decedent and the surviving spouse.
(B)(1) If the value of the assets of the decedent's estate
does not exceed the lesser of five thousand dollars or the amount
of the decedent's funeral and burial expenses, any person who is
not a surviving spouse and who has paid or is obligated in writing
to pay the decedent's funeral and burial expenses, including a
person described in section 2108.89 of the Revised Code, may apply
to the probate court for an order granting a summary release from
administration in accordance with this section.
(2) If either of the following applies, the decedent's
surviving spouse may apply to the probate court for an order
granting a summary release from administration in accordance with
this section:
(a) The decedent's funeral and burial expenses have been
prepaid, and the value of the assets of the decedent's estate does
not exceed the total of the following items:
(i) The allowance for support that is made under division (A)
of section 2106.13 of the Revised Code to the surviving spouse
and, if applicable, to the decedent's minor children and that is
distributable in accordance with division (B)(1) or (2) of that
section;
(ii) An amount, not exceeding five thousand dollars, for the
decedent's funeral and burial expenses referred to in division
(A)(2)(c) of this section.
(b) The decedent's funeral and burial expenses have not been
prepaid, the decedent's surviving spouse has paid or is obligated
in writing to pay the decedent's funeral and burial expenses, and
the value of the assets of the decedent's estate does not exceed
the total of the items referred to in divisions (B)(2)(a)(i) and
(ii) of this section.
(C) A probate court shall order a summary release from
administration in connection with a decedent's estate only if the
court finds that all of the following are satisfied:
(1) A person described in division (B)(1) of this section is
the applicant for a summary release from administration, and the
value of the assets of the decedent's estate does not exceed the
lesser of five thousand dollars or the amount of the decedent's
funeral and burial expenses, or the applicant for a summary
release from administration is the decedent's surviving spouse,
and the circumstances described in division (B)(2)(a) or (b) of
this section apply.
(2) The application for a summary release from administration
does all of the following:
(a) Describes all assets of the decedent's estate that are
known to the applicant;
(b) Is in the form that the supreme court prescribes pursuant
to its powers of superintendence under Section 5 of Article IV,
Ohio Constitution, and is consistent with the requirements of this
division;
(c) Has been signed and acknowledged by the applicant in the
presence of a notary public or a deputy clerk of the probate
court;
(d) Sets forth the following information if the decedent's
estate includes a described type of asset:
(i) If the decedent's estate includes a motor vehicle, the
motor vehicle's year, make, model, body type, manufacturer's
vehicle identification number, certificate of title number, and
date of death value;
(ii) If the decedent's estate includes an account maintained
by a financial institution, that institution's name and the
account's complete identifying number and date of death balance;
(iii) If the decedent's estate includes one or more shares of
stock or bonds, the total number of the shares and bonds and their
total date of death value and, for each share or bond, its serial
number, the name of its issuer, its date of death value, and, if
any, the name and address of its transfer agent.
(3) The application for a summary release from administration
is accompanied by all of the following that apply:
(a) A receipt, contract, written declaration as defined in
section 2108.70 of the Revised Code, or other document that
confirms the applicant's payment or obligation to pay the
decedent's funeral and burial expenses or, if applicable in the
case of the decedent's surviving spouse, the prepayment of the
decedent's funeral and burial expenses;
(b) An application for a certificate of transfer as described
in section 2113.61 of the Revised Code, if an interest in real
property is included in the assets of the decedent's estate;
(c) The fee required by division (A)(59)(57) of section
2101.16 of the Revised Code.
(4) At the time of its determination on the application,
there are no pending proceedings for the administration of the
decedent's estate and no pending proceedings for relief of the
decedent's estate from administration under section 2113.03 of the
Revised Code.
(5) At the time of its determination on the application,
there are no known assets of the decedent's estate other than the
assets described in the application.
(D) If the probate court determines that the requirements of
division (C) of this section are satisfied, the probate court
shall issue an order that grants a summary release from
administration in connection with the decedent's estate. The order
has, and shall specify that it has, all of the following effects:
(1) It relieves the decedent's estate from administration.
(2) It directs the delivery to the applicant of the
decedent's personal property together with the title to that
property.
(3) It directs the transfer to the applicant of the title to
any interests in real property included in the decedent's estate.
(4) It eliminates the need for a financial institution,
corporation, or other entity or person referred to in any
provision of divisions (A) to (F) of section 5731.39 of the
Revised Code to obtain, as otherwise would be required by any of
those divisions, the written consent of the tax commissioner prior
to the delivery, transfer, or payment to the applicant of an asset
of the decedent's estate.
(E) A certified copy of an order that grants a summary
release from administration together with a certified copy of the
application for that order constitutes sufficient authority for a
financial institution, corporation, or other entity or person
referred to in divisions (A) to (F) of section 5731.39 of the
Revised Code or for a clerk of a court of common pleas to transfer
title to an asset of the decedent's estate to the applicant for
the summary release from administration.
(F) This section does not affect the ability of qualified
persons to file an application to relieve an estate from
administration under section 2113.03 of the Revised Code or to
file an application for the grant of letters testamentary or
letters of administration in connection with the decedent's
estate.
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), (K), 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), (K), 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
nineteen 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 and if division
(N) of this section does not prohibit the issuance of an order
that the respondent be electronically monitored, 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 nineteen 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 automatically seal
all of the records of the proceeding in which the order is issued
on the date the respondent attains the age of nineteen 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 nineteen 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
and subject to the maximum amount allowable to be paid in any year
from the fund and the rules promulgated by the attorney general
under section 2903.214 of the Revised Code, the cost of the
installation and monitoring of the electronic monitoring device
may be paid out of funds from the reparations fund created
pursuant to section 2743.191 of the Revised Code. The total amount
paid from the reparations fund created pursuant to section
2743.191 of the Revised Code for electronic monitoring under this
section and sections 2903.214 and 2919.27 of the Revised Code
shall not exceed three hundred thousand dollars per year. When the
total amount paid from the reparations fund in any year for
electronic monitoring under those sections equals or exceeds three
hundred thousand dollars, the court shall not order pursuant to
this section that an indigent respondent be electronically
monitored.
(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 automatically seal all of the records of
the proceeding in which the order was issued or agreement approved
on the date the person against whom the protection order was
issued or the consent agreement approved attains the age of
nineteen 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 automatically
seal 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 automatically
seal all of the records in that proceeding.
(3)(a) If a juvenile court that issues a protection order or
approves a consent agreement under section 2151.34 or 3113.31 of
the Revised Code determines that the person against whom the
protection order was issued or the consent agreement approved has
not complied with all of the terms of the protection order or
consent agreement, the court shall consider sealing all of the
records of the proceeding in which the order was issued or
agreement approved upon the court's own motion or upon the
application of a person. The court may make the motion or the
person who is the subject of the records under consideration may
apply for an order sealing the records of the proceeding at any
time after two years after the expiration of the protection order
or consent agreement.
(b) In making a determination whether to seal records
pursuant to division (D)(3) of this section, all of the following
apply:
(i) The court may require a person filing an application
under division (D)(3) of this section to submit any relevant
documentation to support the application.
(ii) The court shall promptly notify the victim or the
victim's attorney of any proceedings to seal records initiated
pursuant to division (D)(3) of this section.
(iii) The victim or the victim's attorney may file a response
with the court within thirty days of receiving notice of the
sealing proceedings.
If the victim or the victim's attorney does not file a
response with the court or if the victim or the victim's attorney
files a response but indicates that the victim or the victim's
attorney does not object to the sealing of the records, the court
may order the records of the person that are under consideration
to be sealed without conducting a hearing on the motion or
application. If the court decides in its discretion to conduct a
hearing on the motion or 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 victim or the victim's attorney and to the
person who is the subject of the records under consideration.
If the victim or the victim's attorney files a response with
the court that indicates that the victim or the victim's attorney
objects to the sealing of the records, the court shall conduct a
hearing on the motion or 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 victim or the victim's attorney and to the person who is the
subject of the records under consideration.
(iv) After conducting a hearing in accordance with division
(D)(3)(b)(iii) 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 motion or application to be
sealed.
(4) Inspection of the records sealed pursuant to division
(D)(1), (2), or (3) of this section may be made only by the
following persons or for the following purposes:
(a) By a law enforcement officer or prosecutor, or the
assistants of either, to determine whether the nature and
character of the offense with which a person is to be charged
would be affected by virtue of the person's previously having been
convicted of a crime;
(b) By the parole or probation officer of the person who is
the subject of the records, for the exclusive use of the officer
in supervising the person while on parole or under a community
control sanction or a post-release control sanction, and in making
inquiries and written reports as requested by the court or adult
parole authority;
(c) Upon application by the person who is the subject of the
records, by the persons named in the application;
(d) By a law enforcement officer who was involved in the
case, for use in the officer's defense of a civil action arising
out of the officer's involvement in that case;
(e) By a prosecuting attorney or the prosecuting attorney's
assistants, to determine a defendant's eligibility to enter a
pre-trial diversion program established pursuant to section
2935.36 of the Revised Code;
(f) By any law enforcement agency or any authorized employee
of a law enforcement agency or by the department of rehabilitation
and correction as part of a background investigation of a person
who applies for employment with the agency as a law enforcement
officer or with the department as a corrections officer;
(g) By any law enforcement agency or any authorized employee
of a law enforcement agency, for the purposes set forth in, and in
the manner provided in, section 2953.321 of the Revised Code;
(h) By the bureau of criminal identification and
investigation or any authorized employee of the bureau for the
purpose of providing information to a board or person pursuant to
division (F) or (G) of section 109.57 of the Revised Code;
(i) By the bureau of criminal identification and
investigation or any authorized employee of the bureau for the
purpose of performing a criminal history records check on a person
to whom a certificate as prescribed in section 109.77 of the
Revised Code is to be awarded;
(j) By the bureau of criminal identification and
investigation or any authorized employee of the bureau for the
purpose of conducting a criminal records check of an individual
pursuant to division (B) of section 109.572 of the Revised Code
that was requested pursuant to any of the sections identified in
division (B)(1) of that section;
(k) By the bureau of criminal identification and
investigation, an authorized employee of the bureau, a sheriff, or
an authorized employee of a sheriff in connection with a criminal
records check described in section 311.41 of the Revised Code;
(l) By the attorney general or an authorized employee of the
attorney general or a court for purposes of determining a person's
classification pursuant to Chapter 2950. of the Revised Code.
When the nature and character of the offense with which a
person is to be charged would be affected by the information, it
may be used for the purpose of charging the person with an
offense.
(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. 2151.541. (A)(1) The juvenile judge may determine that,
for the efficient operation of the juvenile court, additional
funds are required to computerize the court, to make available
computerized legal research services, or both. Upon making a
determination that additional funds are required for either or
both of those purposes, the judge shall do one of the following:
(a) If he the judge is clerk of the court, establish by rule
and charge one additional fee not to exceed three six dollars on
the filing of each cause of action or appeal under division (A),
(Q), or (U) of section 2303.20 of the Revised Code;
(b) If the clerk of the court of common pleas serves as the
clerk of the juvenile court pursuant to section 2151.12 of the
Revised Code, establish by rule and authorize and direct the clerk
to charge one additional fee not to exceed three six dollars on
the filing of each cause of action or appeal under division (A),
(Q), or (U) of section 2303.20 of the Revised Code.
(2) All moneys collected under division (A)(1) of this
section shall be paid to the county treasurer. The treasurer shall
place the moneys from the fees in a separate fund to be disbursed,
upon an order of the juvenile judge, in an amount no greater than
the actual cost to the court of procuring and maintaining
computerization of the court, computerized legal research
services, or both.
(3) If the court determines that the funds in the fund
described in division (A)(2) of this section are more than
sufficient to satisfy the purpose for which the additional fee
described in division (A)(1) of this section was imposed, the
court may declare a surplus in the fund and expend those surplus
funds for other appropriate technological expenses of the court.
(4) Not later than thirty days before adopting a rule under
division (A)(1)(a) or (b) of this section, the judge or the clerk,
whichever is applicable, shall publish a notice in a newspaper of
general circulation in the county in which the juvenile court is
located setting forth the proposed rule.
(B)(1) If the juvenile judge is the clerk of the juvenile
court, he the judge may determine that, for the efficient
operation of his the juvenile court, additional funds are required
to make technological advances and to computerize the clerk's
office and, upon that determination, may establish by rule and
charge an additional fee, not to exceed ten twenty dollars, on the
filing of each cause of action or appeal, on the filing,
docketing, and endorsing of each certificate of judgment, or on
the docketing and indexing of each aid in execution or petition to
vacate, revive, or modify a judgment under divisions (A), (P),
(Q), (T), and (U) of section 2303.20 of the Revised Code. Not less
than thirty days before adopting a rule under this division, the
judge shall publish a notice in a newspaper of general circulation
in the county in which the juvenile court is located setting forth
the proposed rule. Subject to division (B)(2) of this section, all
moneys collected under this division shall be paid to the county
treasurer to be disbursed, upon an order of the juvenile judge and
subject to appropriation by the board of county commissioners, in
an amount no greater than the actual cost to the juvenile court of
procuring and maintaining computer systems for the clerk's office.
(2) If the juvenile judge makes the determination described
in division (B)(1) of this section, the board of county
commissioners may issue one or more general obligation bonds for
the purpose of procuring and maintaining the computer systems for
the office of the clerk of the juvenile court. In addition to the
purposes stated in division (B)(1) of this section for which the
moneys collected under that division may be expended, the moneys
additionally may be expended to pay debt charges on and financing
costs related to any general obligation bonds issued pursuant to
this division as they become due. General obligation bonds issued
pursuant to this division are Chapter 133. securities.
Sec. 2152.02. As used in this chapter:
(A) "Act charged" means the act that is identified in a
complaint, indictment, or information alleging that a child is a
delinquent child.
(B) "Admitted to a department of youth services facility"
includes admission to a facility operated, or contracted for, by
the department and admission to a comparable facility outside this
state by another state or the United States.
(C)(1) "Child" means a person who is under eighteen years of
age, except as otherwise provided in divisions (C)(2) to (6)(7) of
this section.
(2) Subject to division (C)(3) of this section, any person
who violates a federal or state law or a municipal ordinance prior
to attaining eighteen years of age shall be deemed a "child"
irrespective of that person's age at the time the complaint with
respect to that violation is filed or the hearing on the complaint
is held.
(3) Any person who, while under eighteen years of age,
commits an act that would be a felony if committed by an adult and
who is not taken into custody or apprehended for that act until
after the person attains twenty-one years of age is not a child in
relation to that act.
(4) Any person whose case is transferred for criminal
prosecution pursuant to section 2152.12 of the Revised Code shall
be deemed after the transfer not to be a child in the transferred
case.
(5) Any person whose case is transferred for criminal
prosecution pursuant to section 2152.12 of the Revised Code and
who subsequently is convicted of or pleads guilty to a felony in
that case, and any person who is adjudicated a delinquent child
for the commission of an act, who has a serious youthful offender
dispositional sentence imposed for the act pursuant to section
2152.13 of the Revised Code, and whose adult portion of the
dispositional sentence is invoked pursuant to section 2152.14 of
the Revised Code, shall be deemed after the transfer or invocation
not to be a child in any case in which a complaint is filed
against the person.
(6) The juvenile court has jurisdiction over a person who is
adjudicated a delinquent child or juvenile traffic offender prior
to attaining eighteen years of age until the person attains
twenty-one years of age, and, for purposes of that jurisdiction
related to that adjudication, except as otherwise provided in this
division, a person who is so adjudicated a delinquent child or
juvenile traffic offender shall be deemed a "child" until the
person attains twenty-one years of age. If a person is so
adjudicated a delinquent child or juvenile traffic offender and
the court makes a disposition of the person under this chapter, at
any time after the person attains eighteen years of age, the
places at which the person may be held under that disposition are
not limited to places authorized under this chapter solely for
confinement of children, and the person may be confined under that
disposition, in accordance with division (F)(2) of section 2152.26
of the Revised Code, in places other than those authorized under
this chapter solely for confinement of children.
(7) Any person who, while eighteen years of age, violates
division (A)(1) or (2) of section 2919.27 of the Revised Code by
violating a protection order issued or consent agreement approved
under section 2151.34 or 3113.31 of the Revised Code shall be
considered a child for the purposes of that violation of section
2919.27 of the Revised Code.
(D) "Chronic truant" means any child of compulsory school age
who is absent without legitimate excuse for absence from the
public school the child is supposed to attend for seven or more
consecutive school days, ten or more school days in one school
month, or fifteen or more school days in a school year.
(E) "Community corrections facility," "public safety beds,"
"release authority," and "supervised release" have the same
meanings as in section 5139.01 of the Revised Code.
(F) "Delinquent child" includes any of the following:
(1) Any child, except a juvenile traffic offender, who
violates any law of this state or the United States, or any
ordinance of a political subdivision of the state, that would be
an offense if committed by an adult;
(2) Any child who violates any lawful order of the court made
under this chapter or under Chapter 2151. of the Revised Code
other than an order issued under section 2151.87 of the Revised
Code;
(3) Any child who violates division (C) of section 2907.39,
division (A) of section 2923.211, or division (C)(1) or (D) of
section 2925.55 of the Revised Code;
(4) Any child who is a habitual truant and who previously has
been adjudicated an unruly child for being a habitual truant;
(5) Any child who is a chronic truant.
(G) "Discretionary serious youthful offender" means a person
who is eligible for a discretionary SYO and who is not transferred
to adult court under a mandatory or discretionary transfer.
(H) "Discretionary SYO" means a case in which the juvenile
court, in the juvenile court's discretion, may impose a serious
youthful offender disposition under section 2152.13 of the Revised
Code.
(I) "Discretionary transfer" means that the juvenile court
has discretion to transfer a case for criminal prosecution under
division (B) of section 2152.12 of the Revised Code.
(J) "Drug abuse offense," "felony drug abuse offense," and
"minor drug possession offense" have the same meanings as in
section 2925.01 of the Revised Code.
(K) "Electronic monitoring" and "electronic monitoring
device" have the same meanings as in section 2929.01 of the
Revised Code.
(L) "Economic loss" means any economic detriment suffered by
a victim of a delinquent act or juvenile traffic offense as a
direct and proximate result of the delinquent act or juvenile
traffic offense and includes any loss of income due to lost time
at work because of any injury caused to the victim and any
property loss, medical cost, or funeral expense incurred as a
result of the delinquent act or juvenile traffic offense.
"Economic loss" does not include non-economic loss or any punitive
or exemplary damages.
(M) "Firearm" has the same meaning as in section 2923.11 of
the Revised Code.
(N) "Juvenile traffic offender" means any child who violates
any traffic law, traffic ordinance, or traffic regulation of this
state, the United States, or any political subdivision of this
state, other than a resolution, ordinance, or regulation of a
political subdivision of this state the violation of which is
required to be handled by a parking violations bureau or a joint
parking violations bureau pursuant to Chapter 4521. of the Revised
Code.
(O) A "legitimate excuse for absence from the public school
the child is supposed to attend" has the same meaning as in
section 2151.011 of the Revised Code.
(P) "Mandatory serious youthful offender" means a person who
is eligible for a mandatory SYO and who is not transferred to
adult court under a mandatory or discretionary transfer.
(Q) "Mandatory SYO" means a case in which the juvenile court
is required to impose a mandatory serious youthful offender
disposition under section 2152.13 of the Revised Code.
(R) "Mandatory transfer" means that a case is required to be
transferred for criminal prosecution under division (A) of section
2152.12 of the Revised Code.
(S) "Mental illness" has the same meaning as in section
5122.01 of the Revised Code.
(T) "Mentally retarded person" has the same meaning as in
section 5123.01 of the Revised Code.
(U) "Monitored time" and "repeat violent offender" have the
same meanings as in section 2929.01 of the Revised Code.
(V) "Of compulsory school age" has the same meaning as in
section 3321.01 of the Revised Code.
(W) "Public record" has the same meaning as in section 149.43
of the Revised Code.
(X) "Serious youthful offender" means a person who is
eligible for a mandatory SYO or discretionary SYO but who is not
transferred to adult court under a mandatory or discretionary
transfer.
(Y) "Sexually oriented offense," "juvenile offender
registrant," "child-victim oriented offense," "tier I sex
offender/child-victim offender," "tier II sex
offender/child-victim offender," "tier III sex
offender/child-victim offender," and "public registry-qualified
juvenile offender registrant" have the same meanings as in section
2950.01 of the Revised Code.
(Z) "Traditional juvenile" means a case that is not
transferred to adult court under a mandatory or discretionary
transfer, that is eligible for a disposition under sections
2152.16, 2152.17, 2152.19, and 2152.20 of the Revised Code, and
that is not eligible for a disposition under section 2152.13 of
the Revised Code.
(AA) "Transfer" means the transfer for criminal prosecution
of a case involving the alleged commission by a child of an act
that would be an offense if committed by an adult from the
juvenile court to the appropriate court that has jurisdiction of
the offense.
(BB) "Category one offense" means any of the following:
(1) A violation of section 2903.01 or 2903.02 of the Revised
Code;
(2) A violation of section 2923.02 of the Revised Code
involving an attempt to commit aggravated murder or murder.
(CC) "Category two offense" means any of the following:
(1) A violation of section 2903.03, 2905.01, 2907.02,
2909.02, 2911.01, or 2911.11 of the Revised Code;
(2) A violation of section 2903.04 of the Revised Code that
is a felony of the first degree;
(3) A violation of section 2907.12 of the Revised Code as it
existed prior to September 3, 1996.
(DD) "Non-economic loss" means nonpecuniary harm suffered by
a victim of a delinquent act or juvenile traffic offense as a
result of or related to the delinquent act or juvenile traffic
offense, including, but not limited to, pain and suffering; loss
of society, consortium, companionship, care, assistance,
attention, protection, advice, guidance, counsel, instruction,
training, or education; mental anguish; and any other intangible
loss.
Sec. 2301.03. (A) In Franklin county, the judges of the
court of common pleas whose terms begin on January 1, 1953,
January 2, 1953, January 5, 1969, January 5, 1977, and January 2,
1997, and successors, shall have the same qualifications, exercise
the same powers and jurisdiction, and receive the same
compensation as other judges of the court of common pleas of
Franklin county and shall be elected and designated as judges of
the court of common pleas, division of domestic relations. They
shall have all the powers relating to juvenile courts, and all
cases under Chapters 2151. and 2152. of the Revised Code, all
parentage proceedings under Chapter 3111. of the Revised Code over
which the juvenile court has jurisdiction, and all divorce,
dissolution of marriage, legal separation, and annulment cases
shall be assigned to them. In addition to the judge's regular
duties, the judge who is senior in point of service shall serve on
the children services board and the county advisory board and
shall be the administrator of the domestic relations division and
its subdivisions and departments.
(1) The judge of the court of common pleas, whose term begins
on January 1, 1957, and successors, and the judge of the court of
common pleas, whose term begins on February 14, 1967, and
successors, shall be the juvenile judges as provided in Chapters
2151. and 2152. of the Revised Code, with the powers and
jurisdiction conferred by those chapters.
(2) The judges of the court of common pleas whose terms begin
on January 5, 1957, January 16, 1981, and July 1, 1991, and
successors, shall be elected and designated as judges of the court
of common pleas, division of domestic relations, and shall have
assigned to them all divorce, dissolution of marriage, legal
separation, and annulment cases coming before the court. On or
after the first day of July and before the first day of August of
1991 and each year thereafter, a majority of the judges of the
division of domestic relations shall elect one of the judges of
the division as administrative judge of that division. If a
majority of the judges of the division of domestic relations are
unable for any reason to elect an administrative judge for the
division before the first day of August, a majority of the judges
of the Hamilton county court of common pleas, as soon as possible
after that date, shall elect one of the judges of the division of
domestic relations as administrative judge of that division. The
term of the administrative judge shall begin on the earlier of the
first day of August of the year in which the administrative judge
is elected or the date on which the administrative judge is
elected by a majority of the judges of the Hamilton county court
of common pleas and shall terminate on the date on which the
administrative judge's successor is elected in the following year.
In addition to the judge's regular duties, the administrative
judge of the division of domestic relations shall be the
administrator of the domestic relations division and its
subdivisions and departments and shall have charge of the
employment, assignment, and supervision of the personnel of the
division engaged in handling, servicing, or investigating divorce,
dissolution of marriage, legal separation, and annulment cases,
including any referees considered necessary by the judges in the
discharge of their various duties.
The administrative judge of the division of domestic
relations also shall designate the title, compensation, expense
allowances, hours, leaves of absence, and vacations of the
personnel of the division, and shall fix the duties of its
personnel. The duties of the personnel, in addition to those
provided for in other sections of the Revised Code, shall include
the handling, servicing, and investigation of divorce, dissolution
of marriage, legal separation, and annulment cases and counseling
and conciliation services that may be made available to persons
requesting them, whether or not the persons are parties to an
action pending in the division.
The board of county commissioners shall appropriate the sum
of money each year as will meet all the administrative expenses of
the division of domestic relations, including reasonable expenses
of the domestic relations judges and the division counselors and
other employees designated to conduct the handling, servicing, and
investigation of divorce, dissolution of marriage, legal
separation, and annulment cases, conciliation and counseling, and
all matters relating to those cases and counseling, and the
expenses involved in the attendance of division personnel at
domestic relations and welfare conferences designated by the
division, and the further sum each year as will provide for the
adequate operation of the division of domestic relations.
The compensation and expenses of all employees and the salary
and expenses of the judges shall be paid by the county treasurer
from the money appropriated for the operation of the division,
upon the warrant of the county auditor, certified to by the
administrative judge of the division of domestic relations.
The summonses, warrants, citations, subpoenas, and other
writs of the division may issue to a bailiff, constable, or staff
investigator of the division or to the sheriff of any county or
any marshal, constable, or police officer, and the provisions of
law relating to the subpoenaing of witnesses in other cases shall
apply insofar as they are applicable. When a summons, warrant,
citation, subpoena, or other writ is issued to an officer, other
than a bailiff, constable, or staff investigator of the division,
the expense of serving it shall be assessed as a part of the costs
in the case involved.
(3) The judge of the court of common pleas of Hamilton county
whose term begins on January 3, 1997, and the successors to that
judge shall each be elected and designated as the drug court judge
of the court of common pleas of Hamilton county. The drug court
judge may accept or reject any case referred to the drug court
judge under division (B)(3) of this section. After the drug court
judge accepts a referred case, the drug court judge has full
authority over the case, including the authority to conduct
arraignment, accept pleas, enter findings and dispositions,
conduct trials, order treatment, and if treatment is not
successfully completed pronounce and enter sentence.
A judge of the general division of the court of common pleas
of Hamilton county and a judge of the Hamilton county municipal
court may refer to the drug court judge any case, and any
companion cases, the judge determines meet the criteria described
under divisions (B)(3)(a) and (b) of this section. If the drug
court judge accepts referral of a referred case, the case, and any
companion cases, shall be transferred to the drug court judge. A
judge may refer a case meeting the criteria described in divisions
(B)(3)(a) and (b) of this section that involves a violation of a
condition of a community control sanction to the drug court judge,
and, if the drug court judge accepts the referral, the referring
judge and the drug court judge have concurrent jurisdiction over
the case.
A judge of the general division of the court of common pleas
of Hamilton county and a judge of the Hamilton county municipal
court may refer a case to the drug court judge under division
(B)(3) of this section if the judge determines that both of the
following apply:
(a) One of the following applies:
(i) The case involves a drug abuse offense, as defined in
section 2925.01 of the Revised Code, that is a felony of the third
or fourth degree if the offense is committed prior to July 1,
1996, a felony of the third, fourth, or fifth degree if the
offense is committed on or after July 1, 1996, or a misdemeanor.
(ii) The case involves a theft offense, as defined in section
2913.01 of the Revised Code, that is a felony of the third or
fourth degree if the offense is committed prior to July 1, 1996, a
felony of the third, fourth, or fifth degree if the offense is
committed on or after July 1, 1996, or a misdemeanor, and the
defendant is drug or alcohol dependent or in danger of becoming
drug or alcohol dependent and would benefit from treatment.
(b) All of the following apply:
(i) The case involves an offense for which a community
control sanction may be imposed or is a case in which a mandatory
prison term or a mandatory jail term is not required to be
imposed.
(ii) The defendant has no history of violent behavior.
(iii) The defendant has no history of mental illness.
(iv) The defendant's current or past behavior, or both, is
drug or alcohol driven.
(v) The defendant demonstrates a sincere willingness to
participate in a fifteen-month treatment process.
(vi) The defendant has no acute health condition.
(vii) If the defendant is incarcerated, the county prosecutor
approves of the referral.
(4) If the administrative judge of the court of common pleas
of Hamilton county determines that the volume of cases pending
before the drug court judge does not constitute a sufficient
caseload for the drug court judge, the administrative judge, in
accordance with the Rules of Superintendence for Courts of Common
Pleas, shall assign individual cases to the drug court judge from
the general docket of the court. If the assignments so occur, the
administrative judge shall cease the assignments when the
administrative judge determines that the volume of cases pending
before the drug court judge constitutes a sufficient caseload for
the drug court judge.
(5) As used in division (B) of this section, "community
control sanction," "mandatory prison term," and "mandatory jail
term" have the same meanings as in section 2929.01 of the Revised
Code.
(a) The judges of the court of common pleas whose terms begin
on January 3, 1959, January 4, 1989, and January 2, 1999, and
successors, and the judge of the court of common pleas whose term
begins on February 9, 2009, shall have the same qualifications,
exercise the same powers and jurisdiction, and receive the same
compensation as the other judges of the court of common pleas of
Lorain county and shall be elected and designated as the judges of
the court of common pleas, division of domestic relations. The
judges of the court of common pleas whose terms begin on January
3, 1959, January 4, 1989, and January 2, 1999, and successors,
shall have all of the powers relating to juvenile courts, and all
cases under Chapters 2151. and 2152. of the Revised Code, all
parentage proceedings over which the juvenile court has
jurisdiction, and all divorce, dissolution of marriage, legal
separation, and annulment cases shall be assigned to them, except
cases that for some special reason are assigned to some other
judge of the court of common pleas. From February 9, 2009, through
September 28, 2009, the judge of the court of common pleas whose
term begins on February 9, 2009, shall have all the powers
relating to juvenile courts, and cases under Chapters 2151. and
2152. of the Revised Code, parentage proceedings over which the
juvenile court has jurisdiction, and divorce, dissolution of
marriage, legal separation, and annulment cases shall be assigned
to that judge, except cases that for some special reason are
assigned to some other judge of the court of common pleas.
(b) From January 1, 2006, through September 28, 2009, the
judges of the court of common pleas, division of domestic
relations, in addition to the powers and jurisdiction set forth in
division (C)(1)(a) of this section, shall have jurisdiction over
matters that are within the jurisdiction of the probate court
under Chapter 2101. and other provisions of the Revised Code.
(c) The judge of the court of common pleas, division of
domestic relations, whose term begins on February 9, 2009, is the
successor to the probate judge who was elected in 2002 for a term
that began on February 9, 2003. After September 28, 2009, the
judge of the court of common pleas, division of domestic
relations, whose term begins on February 9, 2009, shall be the
probate judge.
(2)(a) From February 9, 2009, through September 28, 2009,
with respect to Lorain county, all references in law to the
probate court shall be construed as references to the court of
common pleas, division of domestic relations, and all references
to the probate judge shall be construed as references to the
judges of the court of common pleas, division of domestic
relations.
(b) From February 9, 2009, through September 28, 2009, with
respect to Lorain county, all references in law to the clerk of
the probate court shall be construed as references to the judge
who is serving pursuant to Rule 4 of the Rules of Superintendence
for the Courts of Ohio as the administrative judge of the court of
common pleas, division of domestic relations.
(1) The judges of the court of common pleas whose terms begin
on January 1, 1955, and January 3, 1965, and successors, shall
have the same qualifications, exercise the same powers and
jurisdiction, and receive the same compensation as other judges of
the court of common pleas of Lucas county and shall be elected and
designated as judges of the court of common pleas, division of
domestic relations. All divorce, dissolution of marriage, legal
separation, and annulment cases shall be assigned to them.
The judge of the division of domestic relations, senior in
point of service, shall be considered as the presiding judge of
the court of common pleas, division of domestic relations, and
shall be charged exclusively with the assignment and division of
the work of the division and the employment and supervision of all
other personnel of the domestic relations division.
(2) The judges of the court of common pleas whose terms begin
on January 5, 1977, and January 2, 1991, and successors shall have
the same qualifications, exercise the same powers and
jurisdiction, and receive the same compensation as other judges of
the court of common pleas of Lucas county, shall be elected and
designated as judges of the court of common pleas, juvenile
division, and shall be the juvenile judges as provided in Chapters
2151. and 2152. of the Revised Code with the powers and
jurisdictions conferred by those chapters. In addition to the
judge's regular duties, the judge of the court of common pleas,
juvenile division, senior in point of service, shall be the
administrator of the juvenile division and its subdivisions and
departments and shall have charge of the employment, assignment,
and supervision of the personnel of the division engaged in
handling, servicing, or investigating juvenile cases, including
any referees considered necessary by the judges of the division in
the discharge of their various duties.
The judge of the court of common pleas, juvenile division,
senior in point of service, also shall designate the title,
compensation, expense allowance, hours, leaves of absence, and
vacation of the personnel of the division and shall fix the duties
of the personnel of the division. The duties of the personnel, in
addition to other statutory duties include the handling,
servicing, and investigation of juvenile cases and counseling and
conciliation services that may be made available to persons
requesting them, whether or not the persons are parties to an
action pending in the division.
(3) If one of the judges of the court of common pleas,
division of domestic relations, or one of the judges of the
juvenile division is sick, absent, or unable to perform that
judge's judicial duties or the volume of cases pending in that
judge's division necessitates it, the duties shall be performed by
the judges of the other of those divisions.
(1) The judge of the court of common pleas whose term began
on January 1, 1955, and successors, shall have the same
qualifications, exercise the same powers and jurisdiction, and
receive the same compensation as other judges of the court of
common pleas of Mahoning county, shall be elected and designated
as judge of the court of common pleas, division of domestic
relations, and shall be assigned all the divorce, dissolution of
marriage, legal separation, and annulment cases coming before the
court. In addition to the judge's regular duties, the judge of the
court of common pleas, division of domestic relations, shall be
the administrator of the domestic relations division and its
subdivisions and departments and shall have charge of the
employment, assignment, and supervision of the personnel of the
division engaged in handling, servicing, or investigating divorce,
dissolution of marriage, legal separation, and annulment cases,
including any referees considered necessary in the discharge of
the various duties of the judge's office.
The judge also shall designate the title, compensation,
expense allowances, hours, leaves of absence, and vacations of the
personnel of the division and shall fix the duties of the
personnel of the division. The duties of the personnel, in
addition to other statutory duties, include the handling,
servicing, and investigation of divorce, dissolution of marriage,
legal separation, and annulment cases and counseling and
conciliation services that may be made available to persons
requesting them, whether or not the persons are parties to an
action pending in the division.
(2) The judge of the court of common pleas whose term began
on January 2, 1969, and successors, shall have the same
qualifications, exercise the same powers and jurisdiction, and
receive the same compensation as other judges of the court of
common pleas of Mahoning county, shall be elected and designated
as judge of the court of common pleas, juvenile division, and
shall be the juvenile judge as provided in Chapters 2151. and
2152. of the Revised Code, with the powers and jurisdictions
conferred by those chapters. In addition to the judge's regular
duties, the judge of the court of common pleas, juvenile division,
shall be the administrator of the juvenile division and its
subdivisions and departments and shall have charge of the
employment, assignment, and supervision of the personnel of the
division engaged in handling, servicing, or investigating juvenile
cases, including any referees considered necessary by the judge in
the discharge of the judge's various duties.
The judge also shall designate the title, compensation,
expense allowances, hours, leaves of absence, and vacation of the
personnel of the division and shall fix the duties of the
personnel of the division. The duties of the personnel, in
addition to other statutory duties, include the handling,
servicing, and investigation of juvenile cases and counseling and
conciliation services that may be made available to persons
requesting them, whether or not the persons are parties to an
action pending in the division.
(3) If a judge of the court of common pleas, division of
domestic relations or juvenile division, is sick, absent, or
unable to perform that judge's judicial duties, or the volume of
cases pending in that judge's division necessitates it, that
judge's duties shall be performed by another judge of the court of
common pleas.
(F) In Montgomery county:
(1) The judges of the court of common pleas whose terms begin
on January 2, 1953, and January 4, 1977, and successors, shall
have the same qualifications, exercise the same powers and
jurisdiction, and receive the same compensation as other judges of
the court of common pleas of Montgomery county and shall be
elected and designated as judges of the court of common pleas,
division of domestic relations. These judges shall have assigned
to them all divorce, dissolution of marriage, legal separation,
and annulment cases.
The judge of the division of domestic relations, senior in
point of service, shall be charged exclusively with the assignment
and division of the work of the division and shall have charge of
the employment and supervision of the personnel of the division
engaged in handling, servicing, or investigating divorce,
dissolution of marriage, legal separation, and annulment cases,
including any necessary referees, except those employees who may
be appointed by the judge, junior in point of service, under this
section and sections 2301.12, 2301.18, and 2301.19 of the Revised
Code. The judge of the division of domestic relations, senior in
point of service, also shall designate the title, compensation,
expense allowances, hours, leaves of absence, and vacation of the
personnel of the division and shall fix their duties.
(2) The judges of the court of common pleas whose terms begin
on January 1, 1953, and January 1, 1993, and successors, shall
have the same qualifications, exercise the same powers and
jurisdiction, and receive the same compensation as other judges of
the court of common pleas of Montgomery county, shall be elected
and designated as judges of the court of common pleas, juvenile
division, and shall be, and have the powers and jurisdiction of,
the juvenile judge as provided in Chapters 2151. and 2152. of the
Revised Code.
In addition to the judge's regular duties, the judge of the
court of common pleas, juvenile division, senior in point of
service, shall be the administrator of the juvenile division and
its subdivisions and departments and shall have charge of the
employment, assignment, and supervision of the personnel of the
juvenile division, including any necessary referees, who are
engaged in handling, servicing, or investigating juvenile cases.
The judge, senior in point of service, also shall designate the
title, compensation, expense allowances, hours, leaves of absence,
and vacation of the personnel of the division and shall fix their
duties. The duties of the personnel, in addition to other
statutory duties, shall include the handling, servicing, and
investigation of juvenile cases and of any counseling and
conciliation services that are available upon request to persons,
whether or not they are parties to an action pending in the
division.
If one of the judges of the court of common pleas, division
of domestic relations, or one of the judges of the court of common
pleas, juvenile division, is sick, absent, or unable to perform
that judge's duties or the volume of cases pending in that judge's
division necessitates it, the duties of that judge may be
performed by the judge or judges of the other of those divisions.
(1) The judge of the court of common pleas whose term begins
on January 1, 1957, and successors, shall have the same
qualifications, exercise the same powers and jurisdiction, and
receive the same compensation as the other judges of the court of
common pleas of Richland county and shall be elected and
designated as judge of the court of common pleas, division of
domestic relations. That judge shall be assigned and hear all
divorce, dissolution of marriage, legal separation, and annulment
cases, all domestic violence cases arising under section 3113.31
of the Revised Code, and all post-decree proceedings arising from
any case pertaining to any of those matters. The division of
domestic relations has concurrent jurisdiction with the juvenile
division of the court of common pleas of Richland county to
determine the care, custody, or control of any child not a ward of
another court of this state, and 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. Except in
cases that are subject to the exclusive original jurisdiction of
the juvenile court, the judge of the division of domestic
relations shall be assigned and hear all cases pertaining to
paternity or parentage, the care, custody, or control of children,
parenting time or visitation, child support, or the allocation of
parental rights and responsibilities for the care of children, all
proceedings arising under Chapter 3111. of the Revised Code, all
proceedings arising under the uniform interstate family support
act contained in Chapter 3115. of the Revised Code, and all
post-decree proceedings arising from any case pertaining to any of
those matters.
In addition to the judge's regular duties, the judge of the
court of common pleas, division of domestic relations, shall be
the administrator of the domestic relations division and its
subdivisions and departments. The judge shall have charge of the
employment, assignment, and supervision of the personnel of the
domestic relations division, including any magistrates the judge
considers necessary for the discharge of the judge's duties. The
judge shall also designate the title, compensation, expense
allowances, hours, leaves of absence, vacation, and other
employment-related matters of the personnel of the division and
shall fix their duties.
(2) The judge of the court of common pleas whose term begins
on January 3, 2005, and successors, shall have the same
qualifications, exercise the same powers and jurisdiction, and
receive the same compensation as other judges of the court of
common pleas of Richland county, shall be elected and designated
as judge of the court of common pleas, juvenile division, and
shall be, and have the powers and jurisdiction of, the juvenile
judge as provided in Chapters 2151. and 2152. of the Revised Code.
Except in cases that are subject to the exclusive original
jurisdiction of the juvenile court, the judge of the juvenile
division shall not have jurisdiction or the power to hear, and
shall not be assigned, any case pertaining to paternity or
parentage, the care, custody, or control of children, parenting
time or visitation, child support, or the allocation of parental
rights and responsibilities for the care of children or any
post-decree proceeding arising from any case pertaining to any of
those matters. The judge of the juvenile division shall not have
jurisdiction or the power to hear, and shall not be assigned, any
proceeding under the uniform interstate family support act
contained in Chapter 3115. of the Revised Code.
In addition to the judge's regular duties, the judge of the
juvenile division shall be the administrator of the juvenile
division and its subdivisions and departments. The judge shall
have charge of the employment, assignment, and supervision of the
personnel of the juvenile division who are engaged in handling,
servicing, or investigating juvenile cases, including any
magistrates whom the judge considers necessary for the discharge
of the judge's various duties.
The judge of the juvenile division also shall designate the
title, compensation, expense allowances, hours, leaves of absence,
and vacation of the personnel of the division and shall fix their
duties. The duties of the personnel, in addition to other
statutory duties, include the handling, servicing, and
investigation of juvenile cases and providing any counseling,
conciliation, and mediation services that the court makes
available to persons, whether or not the persons are parties to an
action pending in the court, who request the services.
(H) In Stark county, the judges of the court of common pleas
whose terms begin on January 1, 1953, January 2, 1959, and January
1, 1993, and successors, shall have the same qualifications,
exercise the same powers and jurisdiction, and receive the same
compensation as other judges of the court of common pleas of Stark
county and shall be elected and designated as judges of the court
of common pleas, division of domestic relations. They shall have
all the powers relating to juvenile courts, and all cases under
Chapters 2151. and 2152. of the Revised Code, all parentage
proceedings over which the juvenile court has jurisdiction, and
all divorce, dissolution of marriage, legal separation, and
annulment cases, except cases that are assigned to some other
judge of the court of common pleas for some special reason, shall
be assigned to the judges.
The judge of the division of domestic relations, second most
senior in point of service, shall have charge of the employment
and supervision of the personnel of the division engaged in
handling, servicing, or investigating divorce, dissolution of
marriage, legal separation, and annulment cases, and necessary
referees required for the judge's respective court.
The judge of the division of domestic relations, senior in
point of service, shall be charged exclusively with the
administration of sections 2151.13, 2151.16, 2151.17, and 2152.71
of the Revised Code and with the assignment and division of the
work of the division and the employment and supervision of all
other personnel of the division, including, but not limited to,
that judge's necessary referees, but excepting those employees who
may be appointed by the judge second most senior in point of
service. The senior judge further shall serve in every other
position in which the statutes permit or require a juvenile judge
to serve.
(1) The judges of the court of common pleas whose terms begin
on January 4, 1967, and January 6, 1993, and successors, shall
have the same qualifications, exercise the same powers and
jurisdiction, and receive the same compensation as other judges of
the court of common pleas of Summit county and shall be elected
and designated as judges of the court of common pleas, division of
domestic relations. The judges of the division of domestic
relations shall have assigned to them and hear all divorce,
dissolution of marriage, legal separation, and annulment cases
that come before the court. Except in cases that are subject to
the exclusive original jurisdiction of the juvenile court, the
judges of the division of domestic relations shall have assigned
to them and hear all cases pertaining to paternity, custody,
visitation, child support, or the allocation of parental rights
and responsibilities for the care of children and all post-decree
proceedings arising from any case pertaining to any of those
matters. The judges of the division of domestic relations shall
have assigned to them and hear all proceedings under the uniform
interstate family support act contained in Chapter 3115. of the
Revised Code.
The judge of the division of domestic relations, senior in
point of service, shall be the administrator of the domestic
relations division and its subdivisions and departments and shall
have charge of the employment, assignment, and supervision of the
personnel of the division, including any necessary referees, who
are engaged in handling, servicing, or investigating divorce,
dissolution of marriage, legal separation, and annulment cases.
That judge also shall designate the title, compensation, expense
allowances, hours, leaves of absence, and vacations of the
personnel of the division and shall fix their duties. The duties
of the personnel, in addition to other statutory duties, shall
include the handling, servicing, and investigation of divorce,
dissolution of marriage, legal separation, and annulment cases and
of any counseling and conciliation services that are available
upon request to all persons, whether or not they are parties to an
action pending in the division.
(2) The judge of the court of common pleas whose term begins
on January 1, 1955, and successors, shall have the same
qualifications, exercise the same powers and jurisdiction, and
receive the same compensation as other judges of the court of
common pleas of Summit county, shall be elected and designated as
judge of the court of common pleas, juvenile division, and shall
be, and have the powers and jurisdiction of, the juvenile judge as
provided in Chapters 2151. and 2152. of the Revised Code. Except
in cases that are subject to the exclusive original jurisdiction
of the juvenile court, the judge of the juvenile division shall
not have jurisdiction or the power to hear, and shall not be
assigned, any case pertaining to paternity, custody, visitation,
child support, or the allocation of parental rights and
responsibilities for the care of children or any post-decree
proceeding arising from any case pertaining to any of those
matters. The judge of the juvenile division shall not have
jurisdiction or the power to hear, and shall not be assigned, any
proceeding under the uniform interstate family support act
contained in Chapter 3115. of the Revised Code.
The juvenile judge shall be the administrator of the juvenile
division and its subdivisions and departments and shall have
charge of the employment, assignment, and supervision of the
personnel of the juvenile division, including any necessary
referees, who are engaged in handling, servicing, or investigating
juvenile cases. The judge also shall designate the title,
compensation, expense allowances, hours, leaves of absence, and
vacation of the personnel of the division and shall fix their
duties. The duties of the personnel, in addition to other
statutory duties, shall include the handling, servicing, and
investigation of juvenile cases and of any counseling and
conciliation services that are available upon request to persons,
whether or not they are parties to an action pending in the
division.
(J) In Trumbull county, the judges of the court of common
pleas whose terms begin on January 1, 1953, and January 2, 1977,
and successors, shall have the same qualifications, exercise the
same powers and jurisdiction, and receive the same compensation as
other judges of the court of common pleas of Trumbull county and
shall be elected and designated as judges of the court of common
pleas, division of domestic relations. They shall have all the
powers relating to juvenile courts, and all cases under Chapters
2151. and 2152. of the Revised Code, all parentage proceedings
over which the juvenile court has jurisdiction, and all divorce,
dissolution of marriage, legal separation, and annulment cases
shall be assigned to them, except cases that for some special
reason are assigned to some other judge of the court of common
pleas.
(1) The judges of the court of common pleas whose terms begin
on January 1, 1957, and January 4, 1993, and successors, shall
have the same qualifications, exercise the same powers and
jurisdiction, and receive the same compensation as other judges of
the court of common pleas of Butler county and shall be elected
and designated as judges of the court of common pleas, division of
domestic relations. The judges of the division of domestic
relations shall have assigned to them all divorce, dissolution of
marriage, legal separation, and annulment cases coming before the
court, except in cases that for some special reason are assigned
to some other judge of the court of common pleas. The judges of
the division of domestic relations also have concurrent
jurisdiction with judges of the juvenile division of the court of
common pleas of Butler county with respect to and may hear cases
to determine the custody, support, or custody and support of a
child who is born of issue of a marriage and who is not the ward
of another court of this state, cases commenced by a party of the
marriage to obtain an order requiring support of any child when
the request for that order 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, an action for support under Chapter 3115. of the Revised
Code, or an action that is within the exclusive original
jurisdiction of the juvenile division of the court of common pleas
of Butler county and that involves an allegation that the child is
an abused, neglected, or dependent child, and post-decree
proceedings and matters arising from those types of cases. The
judge senior in point of service shall be charged with the
assignment and division of the work of the division and with the
employment and supervision of all other personnel of the domestic
relations division.
The judge senior in point of service also shall designate the
title, compensation, expense allowances, hours, leaves of absence,
and vacations of the personnel of the division and shall fix their
duties. The duties of the personnel, in addition to other
statutory duties, shall include the handling, servicing, and
investigation of divorce, dissolution of marriage, legal
separation, and annulment cases and providing any counseling and
conciliation services that the division makes available to
persons, whether or not the persons are parties to an action
pending in the division, who request the services.
(2) The judges of the court of common pleas whose terms begin
on January 3, 1987, and January 2, 2003, and successors, shall
have the same qualifications, exercise the same powers and
jurisdiction, and receive the same compensation as other judges of
the court of common pleas of Butler county, shall be elected and
designated as judges of the court of common pleas, juvenile
division, and shall be the juvenile judges as provided in Chapters
2151. and 2152. of the Revised Code, with the powers and
jurisdictions conferred by those chapters. Except in cases that
are subject to the exclusive original jurisdiction of the juvenile
court, the judges of the juvenile division shall not have
jurisdiction or the power to hear and shall not be assigned, but
shall have the limited ability and authority to certify, any case
commenced by a party of a marriage to determine the custody,
support, or custody and support of a child who is born of issue of
the marriage and who is not the ward of another court of this
state when the request for the order in the case is not ancillary
to an action for divorce, dissolution of marriage, annulment, or
legal separation. The judge of the court of common pleas, juvenile
division, who is senior in point of service, shall be the
administrator of the juvenile division and its subdivisions and
departments. The judge, senior in point of service, shall have
charge of the employment, assignment, and supervision of the
personnel of the juvenile division who are engaged in handling,
servicing, or investigating juvenile cases, including any referees
whom the judge considers necessary for the discharge of the
judge's various duties.
The judge, senior in point of service, also shall designate
the title, compensation, expense allowances, hours, leaves of
absence, and vacation of the personnel of the division and shall
fix their duties. The duties of the personnel, in addition to
other statutory duties, include the handling, servicing, and
investigation of juvenile cases and providing any counseling and
conciliation services that the division makes available to
persons, whether or not the persons are parties to an action
pending in the division, who request the services.
(3) If a judge of the court of common pleas, division of
domestic relations or juvenile division, is sick, absent, or
unable to perform that judge's judicial duties or the volume of
cases pending in the judge's division necessitates it, the duties
of that judge shall be performed by the other judges of the
domestic relations and juvenile divisions.
(L)(1) In Cuyahoga county, the judges of the court of common
pleas whose terms begin on January 8, 1961, January 9, 1961,
January 18, 1975, January 19, 1975, and January 13, 1987, and
successors, shall have the same qualifications, exercise the same
powers and jurisdiction, and receive the same compensation as
other judges of the court of common pleas of Cuyahoga county and
shall be elected and designated as judges of the court of common
pleas, division of domestic relations. They shall have all the
powers relating to all divorce, dissolution of marriage, legal
separation, and annulment cases, except in cases that are assigned
to some other judge of the court of common pleas for some special
reason.
(2) The administrative judge is administrator of the domestic
relations division and its subdivisions and departments and has
the following powers concerning division personnel:
(a) Full charge of the employment, assignment, and
supervision;
(b) Sole determination of compensation, duties, expenses,
allowances, hours, leaves, and vacations.
(3) "Division personnel" include persons employed or referees
engaged in hearing, servicing, investigating, counseling, or
conciliating divorce, dissolution of marriage, legal separation
and annulment matters.
(1) The judge of the court of common pleas whose term begins
on January 2, 1961, and successors, shall have the same
qualifications, exercise the same powers and jurisdiction, and
receive the same compensation as the other judges of the court of
common pleas of Lake county and shall be elected and designated as
judge of the court of common pleas, division of domestic
relations. The judge shall be assigned all the divorce,
dissolution of marriage, legal separation, and annulment cases
coming before the court, except in cases that for some special
reason are assigned to some other judge of the court of common
pleas. The judge shall be charged with the assignment and division
of the work of the division and with the employment and
supervision of all other personnel of the domestic relations
division.
The judge also shall designate the title, compensation,
expense allowances, hours, leaves of absence, and vacations of the
personnel of the division and shall fix their duties. The duties
of the personnel, in addition to other statutory duties, shall
include the handling, servicing, and investigation of divorce,
dissolution of marriage, legal separation, and annulment cases and
providing any counseling and conciliation services that the
division makes available to persons, whether or not the persons
are parties to an action pending in the division, who request the
services.
(2) The judge of the court of common pleas whose term begins
on January 4, 1979, and successors, shall have the same
qualifications, exercise the same powers and jurisdiction, and
receive the same compensation as other judges of the court of
common pleas of Lake county, shall be elected and designated as
judge of the court of common pleas, juvenile division, and shall
be the juvenile judge as provided in Chapters 2151. and 2152. of
the Revised Code, with the powers and jurisdictions conferred by
those chapters. The judge of the court of common pleas, juvenile
division, shall be the administrator of the juvenile division and
its subdivisions and departments. The judge shall have charge of
the employment, assignment, and supervision of the personnel of
the juvenile division who are engaged in handling, servicing, or
investigating juvenile cases, including any referees whom the
judge considers necessary for the discharge of the judge's various
duties.
The judge also shall designate the title, compensation,
expense allowances, hours, leaves of absence, and vacation of the
personnel of the division and shall fix their duties. The duties
of the personnel, in addition to other statutory duties, include
the handling, servicing, and investigation of juvenile cases and
providing any counseling and conciliation services that the
division makes available to persons, whether or not the persons
are parties to an action pending in the division, who request the
services.
(3) If a judge of the court of common pleas, division of
domestic relations or juvenile division, is sick, absent, or
unable to perform that judge's judicial duties or the volume of
cases pending in the judge's division necessitates it, the duties
of that judge shall be performed by the other judges of the
domestic relations and juvenile divisions.
(1) The judge of the court of common pleas whose term begins
on January 2, 1971, and the successors to that judge whose terms
begin before January 2, 2007, shall have the same qualifications,
exercise the same powers and jurisdiction, and receive the same
compensation as the other judge of the court of common pleas of
Erie county and shall be elected and designated as judge of the
court of common pleas, division of domestic relations. The judge
shall have all the powers relating to juvenile courts, and shall
be assigned all cases under Chapters 2151. and 2152. of the
Revised Code, parentage proceedings over which the juvenile court
has jurisdiction, and divorce, dissolution of marriage, legal
separation, and annulment cases, except cases that for some
special reason are assigned to some other judge.
On or after January 2, 2007, the judge of the court of common
pleas who is elected in 2006 shall be the successor to the judge
of the domestic relations division whose term expires on January
1, 2007, shall be designated as judge of the court of common
pleas, juvenile division, and shall be the juvenile judge as
provided in Chapters 2151. and 2152. of the Revised Code with the
powers and jurisdictions conferred by those chapters.
(2) The judge of the court of common pleas, general division,
whose term begins on January 1, 2005, and successors, the judge of
the court of common pleas, general division whose term begins on
January 2, 2005, and successors, and the judge of the court of
common pleas, general division, whose term begins February 9,
2009, and successors, shall have assigned to them, in addition to
all matters that are within the jurisdiction of the general
division of the court of common pleas, all divorce, dissolution of
marriage, legal separation, and annulment cases coming before the
court, and all matters that are within the jurisdiction of the
probate court under Chapter 2101., and other provisions, of the
Revised Code.
(1) The judge of the court of common pleas whose term begins
on January 1, 1961, and successors, shall have the same
qualifications, exercise the same powers and jurisdiction, and
receive the same compensation as the other judges of the court of
common pleas of Greene county and shall be elected and designated
as the judge of the court of common pleas, division of domestic
relations. The judge shall be assigned all divorce, dissolution of
marriage, legal separation, annulment, uniform reciprocal support
enforcement, and domestic violence cases and all other cases
related to domestic relations, except cases that for some special
reason are assigned to some other judge of the court of common
pleas.
The judge shall be charged with the assignment and division
of the work of the division and with the employment and
supervision of all other personnel of the division. The judge also
shall designate the title, compensation, hours, leaves of absence,
and vacations of the personnel of the division and shall fix their
duties. The duties of the personnel of the division, in addition
to other statutory duties, shall include the handling, servicing,
and investigation of divorce, dissolution of marriage, legal
separation, and annulment cases and the provision of counseling
and conciliation services that the division considers necessary
and makes available to persons who request the services, whether
or not the persons are parties in an action pending in the
division. The compensation for the personnel shall be paid from
the overall court budget and shall be included in the
appropriations for the existing judges of the general division of
the court of common pleas.
(2) The judge of the court of common pleas whose term begins
on January 1, 1995, and successors, shall have the same
qualifications, exercise the same powers and jurisdiction, and
receive the same compensation as the other judges of the court of
common pleas of Greene county, shall be elected and designated as
judge of the court of common pleas, juvenile division, and, on or
after January 1, 1995, shall be the juvenile judge as provided in
Chapters 2151. and 2152. of the Revised Code with the powers and
jurisdiction conferred by those chapters. The judge of the court
of common pleas, juvenile division, shall be the administrator of
the juvenile division and its subdivisions and departments. The
judge shall have charge of the employment, assignment, and
supervision of the personnel of the juvenile division who are
engaged in handling, servicing, or investigating juvenile cases,
including any referees whom the judge considers necessary for the
discharge of the judge's various duties.
The judge also shall designate the title, compensation,
expense allowances, hours, leaves of absence, and vacation of the
personnel of the division and shall fix their duties. The duties
of the personnel, in addition to other statutory duties, include
the handling, servicing, and investigation of juvenile cases and
providing any counseling and conciliation services that the court
makes available to persons, whether or not the persons are parties
to an action pending in the court, who request the services.
(3) If one of the judges of the court of common pleas,
general division, is sick, absent, or unable to perform that
judge's judicial duties or the volume of cases pending in the
general division necessitates it, the duties of that judge of the
general division shall be performed by the judge of the division
of domestic relations and the judge of the juvenile division.
(P) In Portage county, the judge of the court of common
pleas, whose term begins January 2, 1987, and successors, shall
have the same qualifications, exercise the same powers and
jurisdiction, and receive the same compensation as the other
judges of the court of common pleas of Portage county and shall be
elected and designated as judge of the court of common pleas,
division of domestic relations. The judge shall be assigned all
divorce, dissolution of marriage, legal separation, and annulment
cases coming before the court, except in cases that for some
special reason are assigned to some other judge of the court of
common pleas. The judge shall be charged with the assignment and
division of the work of the division and with the employment and
supervision of all other personnel of the domestic relations
division.
The judge also shall designate the title, compensation,
expense allowances, hours, leaves of absence, and vacations of the
personnel of the division and shall fix their duties. The duties
of the personnel, in addition to other statutory duties, shall
include the handling, servicing, and investigation of divorce,
dissolution of marriage, legal separation, and annulment cases and
providing any counseling and conciliation services that the
division makes available to persons, whether or not the persons
are parties to an action pending in the division, who request the
services.
(Q) In Clermont county, the judge of the court of common
pleas, whose term begins January 2, 1987, and successors, shall
have the same qualifications, exercise the same powers and
jurisdiction, and receive the same compensation as the other
judges of the court of common pleas of Clermont county and shall
be elected and designated as judge of the court of common pleas,
division of domestic relations. The judge shall be assigned all
divorce, dissolution of marriage, legal separation, and annulment
cases coming before the court, except in cases that for some
special reason are assigned to some other judge of the court of
common pleas. The judge shall be charged with the assignment and
division of the work of the division and with the employment and
supervision of all other personnel of the domestic relations
division.
The judge also shall designate the title, compensation,
expense allowances, hours, leaves of absence, and vacations of the
personnel of the division and shall fix their duties. The duties
of the personnel, in addition to other statutory duties, shall
include the handling, servicing, and investigation of divorce,
dissolution of marriage, legal separation, and annulment cases and
providing any counseling and conciliation services that the
division makes available to persons, whether or not the persons
are parties to an action pending in the division, who request the
services.
(R) In Warren county, the judge of the court of common pleas,
whose term begins January 1, 1987, and successors, shall have the
same qualifications, exercise the same powers and jurisdiction,
and receive the same compensation as the other judges of the court
of common pleas of Warren county and shall be elected and
designated as judge of the court of common pleas, division of
domestic relations. The judge shall be assigned all divorce,
dissolution of marriage, legal separation, and annulment cases
coming before the court, except in cases that for some special
reason are assigned to some other judge of the court of common
pleas. The judge shall be charged with the assignment and division
of the work of the division and with the employment and
supervision of all other personnel of the domestic relations
division.
The judge also shall designate the title, compensation,
expense allowances, hours, leaves of absence, and vacations of the
personnel of the division and shall fix their duties. The duties
of the personnel, in addition to other statutory duties, shall
include the handling, servicing, and investigation of divorce,
dissolution of marriage, legal separation, and annulment cases and
providing any counseling and conciliation services that the
division makes available to persons, whether or not the persons
are parties to an action pending in the division, who request the
services.
(S) In Licking county, the judges of the court of common
pleas, whose terms begin on January 1, 1991, and January 1, 2005,
and successors, shall have the same qualifications, exercise the
same powers and jurisdiction, and receive the same compensation as
the other judges of the court of common pleas of Licking county
and shall be elected and designated as judges of the court of
common pleas, division of domestic relations. The judges shall be
assigned all divorce, dissolution of marriage, legal separation,
and annulment cases, all cases arising under Chapter 3111. of the
Revised Code, all proceedings involving child support, the
allocation of parental rights and responsibilities for the care of
children and the designation for the children of a place of
residence and legal custodian, parenting time, and visitation, and
all post-decree proceedings and matters arising from those cases
and proceedings, except in cases that for some special reason are
assigned to another judge of the court of common pleas. The
administrative judge of the division of domestic relations shall
be charged with the assignment and division of the work of the
division and with the employment and supervision of the personnel
of the division.
The administrative judge of the division of domestic
relations shall designate the title, compensation, expense
allowances, hours, leaves of absence, and vacations of the
personnel of the division and shall fix the duties of the
personnel of the division. The duties of the personnel of the
division, in addition to other statutory duties, shall include the
handling, servicing, and investigation of divorce, dissolution of
marriage, legal separation, and annulment cases, cases arising
under Chapter 3111. of the Revised Code, and proceedings involving
child support, the allocation of parental rights and
responsibilities for the care of children and the designation for
the children of a place of residence and legal custodian,
parenting time, and visitation and providing any counseling and
conciliation services that the division makes available to
persons, whether or not the persons are parties to an action
pending in the division, who request the services.
(T) In Allen county, the judge of the court of common pleas,
whose term begins January 1, 1993, and successors, shall have the
same qualifications, exercise the same powers and jurisdiction,
and receive the same compensation as the other judges of the court
of common pleas of Allen county and shall be elected and
designated as judge of the court of common pleas, division of
domestic relations. The judge shall be assigned all divorce,
dissolution of marriage, legal separation, and annulment cases,
all cases arising under Chapter 3111. of the Revised Code, all
proceedings involving child support, the allocation of parental
rights and responsibilities for the care of children and the
designation for the children of a place of residence and legal
custodian, parenting time, and visitation, and all post-decree
proceedings and matters arising from those cases and proceedings,
except in cases that for some special reason are assigned to
another judge of the court of common pleas. The judge shall be
charged with the assignment and division of the work of the
division and with the employment and supervision of the personnel
of the division.
The judge shall designate the title, compensation, expense
allowances, hours, leaves of absence, and vacations of the
personnel of the division and shall fix the duties of the
personnel of the division. The duties of the personnel of the
division, in addition to other statutory duties, shall include the
handling, servicing, and investigation of divorce, dissolution of
marriage, legal separation, and annulment cases, cases arising
under Chapter 3111. of the Revised Code, and proceedings involving
child support, the allocation of parental rights and
responsibilities for the care of children and the designation for
the children of a place of residence and legal custodian,
parenting time, and visitation, and providing any counseling and
conciliation services that the division makes available to
persons, whether or not the persons are parties to an action
pending in the division, who request the services.
(U) In Medina county, the judge of the court of common pleas
whose term begins January 1, 1995, and successors, shall have the
same qualifications, exercise the same powers and jurisdiction,
and receive the same compensation as other judges of the court of
common pleas of Medina county and shall be elected and designated
as judge of the court of common pleas, division of domestic
relations. The judge shall be assigned all divorce, dissolution of
marriage, legal separation, and annulment cases, all cases arising
under Chapter 3111. of the Revised Code, all proceedings involving
child support, the allocation of parental rights and
responsibilities for the care of children and the designation for
the children of a place of residence and legal custodian,
parenting time, and visitation, and all post-decree proceedings
and matters arising from those cases and proceedings, except in
cases that for some special reason are assigned to another judge
of the court of common pleas. The judge shall be charged with the
assignment and division of the work of the division and with the
employment and supervision of the personnel of the division.
The judge shall designate the title, compensation, expense
allowances, hours, leaves of absence, and vacations of the
personnel of the division and shall fix the duties of the
personnel of the division. The duties of the personnel, in
addition to other statutory duties, include the handling,
servicing, and investigation of divorce, dissolution of marriage,
legal separation, and annulment cases, cases arising under Chapter
3111. of the Revised Code, and proceedings involving child
support, the allocation of parental rights and responsibilities
for the care of children and the designation for the children of a
place of residence and legal custodian, parenting time, and
visitation, and providing counseling and conciliation services
that the division makes available to persons, whether or not the
persons are parties to an action pending in the division, who
request the services.
(V) In Fairfield county, the judge of the court of common
pleas whose term begins January 2, 1995, and successors, shall
have the same qualifications, exercise the same powers and
jurisdiction, and receive the same compensation as the other
judges of the court of common pleas of Fairfield county and shall
be elected and designated as judge of the court of common pleas,
division of domestic relations. The judge shall be assigned all
divorce, dissolution of marriage, legal separation, and annulment
cases, all cases arising under Chapter 3111. of the Revised Code,
all proceedings involving child support, the allocation of
parental rights and responsibilities for the care of children and
the designation for the children of a place of residence and legal
custodian, parenting time, and visitation, and all post-decree
proceedings and matters arising from those cases and proceedings,
except in cases that for some special reason are assigned to
another judge of the court of common pleas. The judge also has
concurrent jurisdiction with the probate-juvenile division of the
court of common pleas of Fairfield county with respect to and may
hear cases to determine the custody of a child, as defined in
section 2151.011 of the Revised Code, who is not the ward of
another court of this state, cases that are commenced by a parent,
guardian, or custodian of a child, as defined in section 2151.011
of the Revised Code, to obtain an order requiring a parent of the
child to pay child support for that child when the request for
that order 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, an action for
support under Chapter 3115. of the Revised Code, or an action that
is within the exclusive original jurisdiction of the
probate-juvenile division of the court of common pleas of
Fairfield county and that involves an allegation that the child is
an abused, neglected, or dependent child, and post-decree
proceedings and matters arising from those types of cases.
The judge of the domestic relations division shall be charged
with the assignment and division of the work of the division and
with the employment and supervision of the personnel of the
division.
The judge shall designate the title, compensation, expense
allowances, hours, leaves of absence, and vacations of the
personnel of the division and shall fix the duties of the
personnel of the division. The duties of the personnel of the
division, in addition to other statutory duties, shall include the
handling, servicing, and investigation of divorce, dissolution of
marriage, legal separation, and annulment cases, cases arising
under Chapter 3111. of the Revised Code, and proceedings involving
child support, the allocation of parental rights and
responsibilities for the care of children and the designation for
the children of a place of residence and legal custodian,
parenting time, and visitation, and providing any counseling and
conciliation services that the division makes available to
persons, regardless of whether the persons are parties to an
action pending in the division, who request the services. When the
judge hears a case to determine the custody of a child, as defined
in section 2151.011 of the Revised Code, who is not the ward of
another court of this state or a case that is commenced by a
parent, guardian, or custodian of a child, as defined in section
2151.011 of the Revised Code, to obtain an order requiring a
parent of the child to pay child support for that child when the
request for that order 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, an action for support under Chapter 3115. of the Revised
Code, or an action that is within the exclusive original
jurisdiction of the probate-juvenile division of the court of
common pleas of Fairfield county and that involves an allegation
that the child is an abused, neglected, or dependent child, the
duties of the personnel of the domestic relations division also
include the handling, servicing, and investigation of those types
of cases.
(W)(1) In Clark county, the judge of the court of common
pleas whose term begins on January 2, 1995, and successors, shall
have the same qualifications, exercise the same powers and
jurisdiction, and receive the same compensation as other judges of
the court of common pleas of Clark county and shall be elected and
designated as judge of the court of common pleas, domestic
relations division. The judge shall have all the powers relating
to juvenile courts, and all cases under Chapters 2151. and 2152.
of the Revised Code and all parentage proceedings under Chapter
3111. of the Revised Code over which the juvenile court has
jurisdiction shall be assigned to the judge of the division of
domestic relations. All divorce, dissolution of marriage, legal
separation, annulment, uniform reciprocal support enforcement, and
other cases related to domestic relations shall be assigned to the
domestic relations division, and the presiding judge of the court
of common pleas shall assign the cases to the judge of the
domestic relations division and the judges of the general
division.
(2) In addition to the judge's regular duties, the judge of
the division of domestic relations shall serve on the children
services board and the county advisory board.
(3) If the judge of the court of common pleas of Clark
county, division of domestic relations, is sick, absent, or unable
to perform that judge's judicial duties or if the presiding judge
of the court of common pleas of Clark county determines that the
volume of cases pending in the division of domestic relations
necessitates it, the duties of the judge of the division of
domestic relations shall be performed by the judges of the general
division or probate division of the court of common pleas of Clark
county, as assigned for that purpose by the presiding judge of
that court, and the judges so assigned shall act in conjunction
with the judge of the division of domestic relations of that
court.
(X) In Scioto county, the judge of the court of common pleas
whose term begins January 2, 1995, and successors, shall have the
same qualifications, exercise the same powers and jurisdiction,
and receive the same compensation as other judges of the court of
common pleas of Scioto county and shall be elected and designated
as judge of the court of common pleas, division of domestic
relations. The judge shall be assigned all divorce, dissolution of
marriage, legal separation, and annulment cases, all cases arising
under Chapter 3111. of the Revised Code, all proceedings involving
child support, the allocation of parental rights and
responsibilities for the care of children and the designation for
the children of a place of residence and legal custodian,
parenting time, visitation, and all post-decree proceedings and
matters arising from those cases and proceedings, except in cases
that for some special reason are assigned to another judge of the
court of common pleas. The judge shall be charged with the
assignment and division of the work of the division and with the
employment and supervision of the personnel of the division.
The judge shall designate the title, compensation, expense
allowances, hours, leaves of absence, and vacations of the
personnel of the division and shall fix the duties of the
personnel of the division. The duties of the personnel, in
addition to other statutory duties, include the handling,
servicing, and investigation of divorce, dissolution of marriage,
legal separation, and annulment cases, cases arising under Chapter
3111. of the Revised Code, and proceedings involving child
support, the allocation of parental rights and responsibilities
for the care of children and the designation for the children of a
place of residence and legal custodian, parenting time, and
visitation, and providing counseling and conciliation services
that the division makes available to persons, whether or not the
persons are parties to an action pending in the division, who
request the services.
(Y) In Auglaize county, the judge of the probate and juvenile
divisions of the Auglaize county court of common pleas also shall
be the administrative judge of the domestic relations division of
the court and shall be assigned all divorce, dissolution of
marriage, legal separation, and annulment cases coming before the
court. The judge shall have all powers as administrator of the
domestic relations division and shall have charge of the personnel
engaged in handling, servicing, or investigating divorce,
dissolution of marriage, legal separation, and annulment cases,
including any referees considered necessary for the discharge of
the judge's various duties.
(Z)(1) In Marion county, the judge of the court of common
pleas whose term begins on February 9, 1999, and the successors to
that judge, shall have the same qualifications, exercise the same
powers and jurisdiction, and receive the same compensation as the
other judges of the court of common pleas of Marion county and
shall be elected and designated as judge of the court of common
pleas, domestic relations-juvenile-probate division. Except as
otherwise specified in this division, that judge, and the
successors to that judge, shall have all the powers relating to
juvenile courts, and all cases under Chapters 2151. and 2152. of
the Revised Code, all cases arising under Chapter 3111. of the
Revised Code, all divorce, dissolution of marriage, legal
separation, and annulment cases, all proceedings involving child
support, the allocation of parental rights and responsibilities
for the care of children and the designation for the children of a
place of residence and legal custodian, parenting time, and
visitation, and all post-decree proceedings and matters arising
from those cases and proceedings shall be assigned to that judge
and the successors to that judge. Except as provided in division
(Z)(2) of this section and notwithstanding any other provision of
any section of the Revised Code, on and after February 9, 2003,
the judge of the court of common pleas of Marion county whose term
begins on February 9, 1999, and the successors to that judge,
shall have all the powers relating to the probate division of the
court of common pleas of Marion county in addition to the powers
previously specified in this division, and shall exercise
concurrent jurisdiction with the judge of the probate division of
that court over all matters that are within the jurisdiction of
the probate division of that court under Chapter 2101., and other
provisions, of the Revised Code in addition to the jurisdiction of
the domestic relations-juvenile-probate division of that court
otherwise specified in division (Z)(1) of this section.
(2) The judge of the domestic relations-juvenile-probate
division of the court of common pleas of Marion county or the
judge of the probate division of the court of common pleas of
Marion county, whichever of those judges is senior in total length
of service on the court of common pleas of Marion county,
regardless of the division or divisions of service, shall serve as
the clerk of the probate division of the court of common pleas of
Marion county.
(3) On and after February 9, 2003, all references in law to
"the probate court," "the probate judge," "the juvenile court," or
"the judge of the juvenile court" shall be construed, with respect
to Marion county, as being references to both "the probate
division" and "the domestic relations-juvenile-probate division"
and as being references to both "the judge of the probate
division" and "the judge of the domestic relations-
juvenile-probate division." On and after February 9, 2003, all
references in law to "the clerk of the probate court" shall be
construed, with respect to Marion county, as being references to
the judge who is serving pursuant to division (Z)(2) of this
section as the clerk of the probate division of the court of
common pleas of Marion county.
(AA) In Muskingum county, the judge of the court of common
pleas whose term begins on January 2, 2003, and successors, shall
have the same qualifications, exercise the same powers and
jurisdiction, and receive the same compensation as the other
judges of the court of common pleas of Muskingum county and shall
be elected and designated as the judge of the court of common
pleas, division of domestic relations. The judge shall be assigned
all divorce, dissolution of marriage, legal separation, and
annulment cases, all cases arising under Chapter 3111. of the
Revised Code, all proceedings involving child support, the
allocation of parental rights and responsibilities for the care of
children and the designation for the children of a place of
residence and legal custodian, parenting time, and visitation, and
all post-decree proceedings and matters arising from those cases
and proceedings, except in cases that for some special reason are
assigned to another judge of the court of common pleas. The judge
shall be charged with the assignment and division of the work of
the division and with the employment and supervision of the
personnel of the division.
The judge shall designate the title, compensation, expense
allowances, hours, leaves of absence, and vacations of the
personnel of the division and shall fix the duties of the
personnel of the division. The duties of the personnel of the
division, in addition to other statutory duties, shall include the
handling, servicing, and investigation of divorce, dissolution of
marriage, legal separation, and annulment cases, cases arising
under Chapter 3111. of the Revised Code, and proceedings involving
child support, the allocation of parental rights and
responsibilities for the care of children and the designation for
the children of a place of residence and legal custodian,
parenting time, and visitation and providing any counseling and
conciliation services that the division makes available to
persons, whether or not the persons are parties to an action
pending in the division, who request the services.
(BB) In Henry county, the judge of the court of common pleas
whose term begins on January 1, 2005, and successors, shall have
the same qualifications, exercise the same powers and
jurisdiction, and receive the same compensation as the other judge
of the court of common pleas of Henry county and shall be elected
and designated as the judge of the court of common pleas, division
of domestic relations. The judge shall have all of the powers
relating to juvenile courts, and all cases under Chapter 2151. or
2152. of the Revised Code, all parentage proceedings arising under
Chapter 3111. of the Revised Code over which the juvenile court
has jurisdiction, all divorce, dissolution of marriage, legal
separation, and annulment cases, all proceedings involving child
support, the allocation of parental rights and responsibilities
for the care of children and the designation for the children of a
place of residence and legal custodian, parenting time, and
visitation, and all post-decree proceedings and matters arising
from those cases and proceedings shall be assigned to that judge,
except in cases that for some special reason are assigned to the
other judge of the court of common pleas.
(CC)(1) In Logan county, the judge of the court of common
pleas whose term begins January 2, 2005, and the successors to
that judge, shall have the same qualifications, exercise the same
powers and jurisdiction, and receive the same compensation as the
other judges of the court of common pleas of Logan county and
shall be elected and designated as judge of the court of common
pleas, domestic relations-juvenile-probate division. Except as
otherwise specified in this division, that judge, and the
successors to that judge, shall have all the powers relating to
juvenile courts, and all cases under Chapters 2151. and 2152. of
the Revised Code, all cases arising under Chapter 3111. of the
Revised Code, all divorce, dissolution of marriage, legal
separation, and annulment cases, all proceedings involving child
support, the allocation of parental rights and responsibilities
for the care of children and designation for the children of a
place of residence and legal custodian, parenting time, and
visitation, and all post-decree proceedings and matters arising
from those cases and proceedings shall be assigned to that judge
and the successors to that judge. Notwithstanding any other
provision of any section of the Revised Code, on and after January
2, 2005, the judge of the court of common pleas of Logan county
whose term begins on January 2, 2005, and the successors to that
judge, shall have all the powers relating to the probate division
of the court of common pleas of Logan county in addition to the
powers previously specified in this division and shall exercise
concurrent jurisdiction with the judge of the probate division of
that court over all matters that are within the jurisdiction of
the probate division of that court under Chapter 2101., and other
provisions, of the Revised Code in addition to the jurisdiction of
the domestic relations-juvenile-probate division of that court
otherwise specified in division (CC)(1) of this section.
(2) The judge of the domestic relations-juvenile-probate
division of the court of common pleas of Logan county or the
probate judge of the court of common pleas of Logan county who is
elected as the administrative judge of the probate division of the
court of common pleas of Logan county pursuant to Rule 4 of the
Rules of Superintendence shall be the clerk of the probate
division and juvenile division of the court of common pleas of
Logan county. The clerk of the court of common pleas who is
elected pursuant to section 2303.01 of the Revised Code shall keep
all of the journals, records, books, papers, and files pertaining
to the domestic relations cases.
(3) On and after January 2, 2005, all references in law to
"the probate court," "the probate judge," "the juvenile court," or
"the judge of the juvenile court" shall be construed, with respect
to Logan county, as being references to both "the probate
division" and the "domestic relations-juvenile-probate division"
and as being references to both "the judge of the probate
division" and the "judge of the domestic
relations-juvenile-probate division." On and after January 2,
2005, all references in law to "the clerk of the probate court"
shall be construed, with respect to Logan county, as being
references to the judge who is serving pursuant to division
(CC)(2) of this section as the clerk of the probate division of
the court of common pleas of Logan county.
(DD)(1) In Champaign county, the judge of the court of common
pleas whose term begins February 9, 2003, and the judge of the
court of common pleas whose term begins February 10, 2009, and the
successors to those judges, shall have the same qualifications,
exercise the same powers and jurisdiction, and receive the same
compensation as the other judges of the court of common pleas of
Champaign county and shall be elected and designated as judges of
the court of common pleas, domestic relations-juvenile-probate
division. Except as otherwise specified in this division, those
judges, and the successors to those judges, shall have all the
powers relating to juvenile courts, and all cases under Chapters
2151. and 2152. of the Revised Code, all cases arising under
Chapter 3111. of the Revised Code, all divorce, dissolution of
marriage, legal separation, and annulment cases, all proceedings
involving child support, the allocation of parental rights and
responsibilities for the care of children and the designation for
the children of a place of residence and legal custodian,
parenting time, and visitation, and all post-decree proceedings
and matters arising from those cases and proceedings shall be
assigned to those judges and the successors to those judges.
Notwithstanding any other provision of any section of the Revised
Code, on and after February 9, 2009, the judges designated by this
division as judges of the court of common pleas of Champaign
county, domestic relations-juvenile-probate division, and the
successors to those judges, shall have all the powers relating to
probate courts in addition to the powers previously specified in
this division and shall exercise jurisdiction over all matters
that are within the jurisdiction of probate courts under Chapter
2101., and other provisions, of the Revised Code in addition to
the jurisdiction of the domestic relations-juvenile-probate
division otherwise specified in division (DD)(1) of this section.
(2) On and after February 9, 2009, all references in law to
"the probate court," "the probate judge," "the juvenile court," or
"the judge of the juvenile court" shall be construed with respect
to Champaign county as being references to the "domestic
relations-juvenile-probate division" and as being references to
the "judge of the domestic relations-juvenile-probate division."
On and after February 9, 2009, all references in law to "the clerk
of the probate court" shall be construed with respect to Champaign
county as being references to the judge who is serving pursuant to
Rule 4 of the Rules of Superintendence for the Courts of Ohio as
the administrative judge of the court of common pleas, domestic
relations-juvenile-probate division.
(EE) If a judge of the court of common pleas, division of
domestic relations, or juvenile judge, of any of the counties
mentioned in this section is sick, absent, or unable to perform
that judge's judicial duties or the volume of cases pending in the
judge's division necessitates it, the duties of that judge shall
be performed by another judge of the court of common pleas of that
county, assigned for that purpose by the presiding judge of the
court of common pleas of that county to act in place of or in
conjunction with that judge, as the case may require.
Sec. 2303.20. Under the circumstances described in sections
2969.21 to 2969.27 of the Revised Code, the clerk of the court of
common pleas shall charge the fees and perform the other duties
specified in those sections. In all other cases, the clerk shall
may request the court to establish by rule and charge the
following fees and no more for the services listed in divisions
(A) through (Z) of this section. The fees cannot exceed the
following amounts:
(A) Twenty-five Fifty dollars for each cause of action which
shall include the following:
(1) Docketing in all dockets;
(2) Filing necessary documents, noting the filing of the
documents, except subpoena, on the dockets;
(3) Issuing certificate of deposit in foreign writs;
(4) Indexing pending suits and living judgments;
(5) Noting on appearance docket all papers mailed;
(6) Certificate for attorney's fee;
(7) Certificate for stenographer's fee;
(9) Entering on indictment any plea;
(10) Entering costs on docket and cash book.
(B) Two dollars for taking each undertaking, bond, or
recognizance;
(C) Two dollars for issuing each writ, order, or notice,
except subpoena;
(D) Two dollars for each name for issuing subpoena, swearing
witness, entering attendance, and certifying fees;
(E) Twenty-five Fifty dollars for calling a jury in each
cause;
(F) Two dollars for each page, for entering on journal,
indexing, and posting on any docket;
(G) Three dollars for each execution or transcript of
judgment, including indexing;
(H) One dollar for each page, for making complete record,
including indexing;
(I) Five Ten dollars for certifying a plat recorded in the
county recorder's office;
(J) Five Ten dollars for issuing certificate to receiver or
order of reference with oath;
(K) Five Ten dollars for entering satisfaction or partial
satisfaction of each lien on record in the county recorder's
office, and the clerk of courts' office;
(L) One dollar Two dollars for each certificate of fact under
seal of the court, to be paid by the party demanding it;
(M) One dollar Two dollars for taking each affidavit,
including certificate and seal;
(N) Two dollars for acknowledging all instruments in writing;
(O) Five Ten dollars for making certificate of judgment;
(P) Ten Twenty dollars for filing, docketing, and endorsing a
certificate of judgment, including the indexing and noting the
return of the certificate;
(Q) Twenty-five Fifty dollars for each cause of action for
each judgment by confession, including all docketing, indexing,
and entries on the journal;
(R) Five Ten dollars for recording commission of mayor or
notary public;
(S) One dollar for issuing any license except the licenses
issued pursuant to sections 1533.101, 1533.11, 1533.13, and
1533.32 of the Revised Code;
(T) Fifteen Twenty-five dollars for docketing and indexing
each aid in execution or petition to vacate, revive, or modify
judgment, including the filing and noting of all necessary
documents;
(U) Twenty-five Fifty dollars for docketing and indexing each
appeal, including the filing and noting of all necessary
documents;
(V) A commission of two per cent on the first ten thousand
dollars and one per cent on all exceeding ten thousand dollars for
receiving and disbursing money, other than costs and fees, paid to
or deposited with the clerk of courts in pursuance of an order of
court or on judgments, including moneys invested by order of the
court and interest earned on them;
(W) Five Ten dollars for numbering, docketing, indexing, and
filing each authenticated or certified copy of the record, or any
portion of an authenticated or certified copy of the record, of an
extra county action or proceeding;
(X) Two Five dollars for each certificate of divorce,
annulment, or dissolution of marriage to the bureau of vital
statistics;
(Y) Two dollars for each electronic transmission of a
document, plus one dollar for each page of that document. These
fees are to be paid by the party requesting the electronic
transmission.
(Z) One dollar for each page, for copies of pleadings,
process, record, or files, including certificate and seal.
Sec. 2303.201. (A)(1) The court of common pleas of any
county may determine that for the efficient operation of the court
additional funds are required to computerize the court, to make
available computerized legal research services, or to do both.
Upon making a determination that additional funds are required for
either or both of those purposes, the court shall establish by
rule and authorize and direct the clerk of the court of common
pleas to charge one additional fee, not to exceed three six
dollars, on the filing of each cause of action or appeal under
divisions (A), (Q), and (U) of section 2303.20 of the Revised
Code. Not less than thirty days before adopting a rule under this
division, the clerk shall publish a notice in a newspaper of
general circulation in the county in which the court of common
pleas is located setting forth the proposed rule.
(2) All fees collected under division (A)(1) of this section
shall be paid to the county treasurer. The treasurer shall place
the funds from the fees in a separate fund to be disbursed, upon
an order of the court, in an amount not greater than the actual
cost to the court of procuring and maintaining computerization of
the court, computerized legal research services, or both.
(3) If the court determines that the funds in the fund
described in division (A)(2) of this section are more than
sufficient to satisfy the purpose for which the additional fee
described in division (A)(1) of this section was imposed, the
court may declare a surplus in the fund and expend those surplus
funds for other appropriate technological expenses of the court.
(B)(1) The court of common pleas of any county may determine
that, for the efficient operation of the court, additional funds
are required to make technological advances and to computerize the
office of the clerk of the court of common pleas and, upon that
determination, may establish by rule and authorize and direct the
clerk of the court of common pleas to charge an additional fee,
not to exceed ten twenty dollars, on the filing of each cause of
action or appeal, on the filing, docketing, and endorsing of each
certificate of judgment, or on the docketing and indexing of each
aid in execution or petition to vacate, revive, or modify a
judgment under divisions (A), (P), (Q), (T), and (U) of section
2303.20 of the Revised Code; an additional fee not to exceed one
dollar for each undertaking, bond, or recognizance; one dollar for
issuing each writ, order, or notice, except subpoena; an
additional fee not to exceed one dollar for each name for issuing
subpoena, swearing witness, entering attendance, and certifying
fees; an additional fee not to exceed one dollar for each page,
for entering on journal, indexing, and posting on any docket; an
additional fee not to exceed one dollar for each page for making
complete record, including indexing; and an additional fee not to
exceed one dollar for each certificate of fact under seal of the
court, under divisions (B), (C), (D), (F), and (H) of section
2303.20 of the Revised Code. Not less than thirty days before
adopting a rule under this division, the clerk shall publish a
notice in a newspaper of general circulation in the county in
which the court of common pleas is located setting forth the
proposed rule. Subject to division (B)(2) of this section, all
moneys collected under division (B)(1) of this section shall be
paid to the county treasurer to be disbursed, upon an order of the
court of common pleas and subject to appropriation by the board of
county commissioners, in an amount no greater than the actual cost
to the court of procuring and maintaining technology and computer
systems for the office of the clerk of the court of common pleas.
(2) If the court of common pleas of a county makes the
determination described in division (B)(1) of this section, the
board of county commissioners of that county may issue one or more
general obligation bonds for the purpose of procuring and
maintaining the computer systems for the office of the clerk of
the court of common pleas. In addition to the purposes stated in
division (B)(1) of this section for which the moneys collected
under that division may be expended, the moneys additionally may
be expended to pay debt charges on and financing costs related to
any general obligation bonds issued pursuant to division (B)(2) of
this section as they become due. General obligation bonds issued
pursuant to division (B)(2) of this section are Chapter 133.
securities.
(C) The court of common pleas shall collect the sum of
twenty-six thirty-one dollars as additional filing fees in each
new civil action or proceeding for the charitable public purpose
of providing financial assistance to legal aid societies that
operate within the state and to support the office of the state
public defender. This division does not apply to a domestic
relations division of a court of common pleas, except that the
additional filing fee shall apply to proceedings concerning
annulments, dissolutions of marriage, divorces, and legal
separation, spousal support, marital property or separate property
distribution, support, or other domestic relations matters; to a
juvenile division of a court of common pleas; to a probate
division of a court of common pleas, except that the additional
filing fees shall apply to name change, guardianship, adoption,
and full administration of decedents' estate proceedings; or to an
execution on a judgment, proceeding in aid of execution, or other
post-judgment proceeding arising out of a civil action. The filing
fees required to be collected under this division shall be in
addition to any other filing fees imposed in the action or
proceeding and shall be collected at the time of the filing of the
action or proceeding. The court shall not waive the payment of the
additional filing fees in a new civil action or proceeding unless
the court waives the advanced payment of all filing fees in the
action or proceeding. All such moneys collected during a month
except for an amount equal to up to one per cent of those moneys
retained to cover administrative costs shall be transmitted on or
before the twentieth day of the following month by the clerk of
the court to the treasurer of state in a manner prescribed by the
treasurer of state or by the Ohio legal assistance foundation. The
treasurer of state shall deposit four three per cent of the funds
collected under this division to the credit of the civil case
filing fee fund established under section 120.07 of the Revised
Code and ninety-six ninety-seven per cent of the funds collected
under this division to the credit of the legal aid fund
established under section 120.52 of the Revised Code.
The Ohio legal assistance foundation or any recipient of
financial assistance from the foundation that receives, or
benefits from, any portion of the additional filing fees that are
collected and transmitted under this division shall not bring or
maintain any action for damages against the state or its political
subdivisions, except if the sole amount sought is restitutionary
damages or damages measured by economic loss to one or more
plaintiffs.
The court may retain up to one per cent of the moneys it
collects under this division to cover administrative costs,
including the hiring of any additional personnel necessary to
implement this division. If the court fails to transmit to the
treasurer of state the moneys the court collects under this
division in a manner prescribed by the treasurer of state or by
the Ohio legal assistance foundation, the court shall forfeit the
moneys the court retains under this division to cover
administrative costs, including the hiring of any additional
personnel necessary to implement this division, and shall transmit
to the treasurer of state all moneys collected under this
division, including the forfeited amount retained for
administrative costs, for deposit in the legal aid fund.
(D) On and after the thirtieth day after December 9, 1994,
the court of common pleas shall collect the sum of thirty-two
dollars as additional filing fees in each new action or proceeding
for annulment, divorce, or dissolution of marriage for the purpose
of funding shelters for victims of domestic violence pursuant to
sections 3113.35 to 3113.39 of the Revised Code. The filing fees
required to be collected under this division shall be in addition
to any other filing fees imposed in the action or proceeding and
shall be collected at the time of the filing of the action or
proceeding. The court shall not waive the payment of the
additional filing fees in a new action or proceeding for
annulment, divorce, or dissolution of marriage unless the court
waives the advanced payment of all filing fees in the action or
proceeding. On or before the twentieth day of each month, all
moneys collected during the immediately preceding month pursuant
to this division shall be deposited by the clerk of the court into
the county treasury in the special fund used for deposit of
additional marriage license fees as described in section 3113.34
of the Revised Code. Upon their deposit into the fund, the moneys
shall be retained in the fund and expended only as described in
section 3113.34 of the Revised Code.
(E)(1) The court of common pleas may determine that, for the
efficient operation of the court, additional funds are necessary
to acquire and pay for special projects of the court, including,
but not limited to, the acquisition of additional facilities or
the rehabilitation of existing facilities, the acquisition of
equipment, the hiring and training of staff, community service
programs, mediation or dispute resolution services, the employment
of magistrates, the training and education of judges, acting
judges, and magistrates, and other related services. Upon that
determination, the court by rule may charge a fee, in addition to
all other court costs, on the filing of each criminal cause, civil
action or proceeding, or judgment by confession.
If the court of common pleas offers a special program or
service in cases of a specific type, the court by rule may assess
an additional charge in a case of that type, over and above court
costs, to cover the special program or service. The court shall
adjust the special assessment periodically, but not retroactively,
so that the amount assessed in those cases does not exceed the
actual cost of providing the service or program.
All moneys collected under division (E) of this section shall
be paid to the county treasurer for deposit into either a general
special projects fund or a fund established for a specific special
project. Moneys from a fund of that nature shall be disbursed upon
an order of the court in an amount no greater than the actual cost
to the court of a project. If a specific fund is terminated
because of the discontinuance of a program or service established
under division (E) of this section, the court may order that
moneys remaining in the fund be transferred to an account
established under this division for a similar purpose.
(2) As used in division (E) of this section:
(a) "Criminal cause" means a charge alleging the violation of
a statute or ordinance, or subsection of a statute or ordinance,
that requires a separate finding of fact or a separate plea before
disposition and of which the defendant may be found guilty,
whether filed as part of a multiple charge on a single summons,
citation, or complaint or as a separate charge on a single
summons, citation, or complaint. "Criminal cause" does not include
separate violations of the same statute or ordinance, or
subsection of the same statute or ordinance, unless each charge is
filed on a separate summons, citation, or complaint.
(b) "Civil action or proceeding" means any civil litigation
that must be determined by judgment entry.
Sec. 2303.202. Not less than thirty days before adopting a
rule under section 2303.20 of the Revised Code, the clerk shall
publish a notice in a newspaper of general circulation in the
county in which the court of common pleas is located setting forth
the proposed rule.
Sec. 2329.07. (A)(1) If neither execution on a judgment
rendered in a court of record or certified to the clerk of the
court of common pleas in the county in which the judgment was
rendered is issued, nor a certificate of judgment for obtaining a
lien upon lands and tenements is issued and filed, as provided in
sections 2329.02 and 2329.04 of the Revised Code, within five
years from the date of the judgment or within five years from the
date of the issuance of the last execution thereon or the issuance
and filing of the last such certificate, whichever is later, then,
unless the judgment is in favor of the state, the judgment shall
be dormant and shall not operate as a lien upon the estate of the
judgment debtor.
(2) If the judgment is in favor of the state or, pursuant to
section 2335.19 of the Revised Code, to any court or clerk of a
court, the judgment shall not become dormant and shall not cease
to operate as a lien against the estate of the judgment debtor
provided that either execution on the judgment is issued or a
certificate of judgment is issued and filed, as provided in
sections 2329.02 and 2329.04 of the Revised Code, within ten years
from the date of the judgment or within fifteen years from the
date of the issuance of the last execution thereon or the issuance
and filing of the last such certificate, whichever is later,
except as otherwise provided in division (C) of this section. The
fifteen-year limitation period applies to executions issued and
certificates of judgments issued and filed before, on, or after
the effective date of the amendment of this section by ........
H.B. 699 of the 126th general assembly, March 29, 2007.
(B) If, in any county other than that in which a judgment was
rendered, the judgment has become a lien by reason of the filing,
in the office of the clerk of the court of common pleas of that
county, of a certificate of the judgment as provided in sections
2329.02 and 2329.04 of the Revised Code, and if no execution is
issued for the enforcement of the judgment within that county, or
no further certificate of the judgment is filed in that county,
within five years or, if the judgment is in favor of the state,
within fifteen years from the date of issuance of the last
execution for the enforcement of the judgment within that county
or the date of filing of the last certificate in that county,
whichever is the later, then the judgment shall cease to operate
as a lien upon lands and tenements of the judgment debtor within
that county, except as otherwise provided in division (C) of this
section. The fifteen-year limitation period applies to executions
issued and certificates of judgments issued and filed before, on,
or after the effective date of the amendment of this section by
H.B. 699 of the 126th general assembly, March 29, 2007.
(C)(1) As used in division (C) of this section, "interim
period" means the period beginning September 26, 2003, and ending
September 27, 2006.
(2) Division (C) of this section applies only to judgments in
favor of the state that are subject to this section and to which
both of the following apply:
(a) The first issuance of execution on the judgment, or the
first issuance and filing of the certificate of judgment, was
issued or issued and filed within the ten-year period provided in
this section before the beginning of the interim period;
(b) Subsequent issuance of execution on the judgment or
subsequent issuance and filing of the certificate of judgment
would have been required during the interim period in order to
keep the lien from becoming dormant under this section as this
section existed on September 25, 2003, and as if this section as
it existed on that date had been in effect during the interim
period.
(3) Such a judgment shall not become dormant and shall not
cease to operate as a lien against the estate of the judgment
debtor if either execution on the judgment is issued or a
certificate of judgment is issued and filed, as provided in
sections 2329.02 and 2329.04 of the Revised Code, within fifteen
years after the expiration of the ten-year period following
issuance of the last execution on the judgment or following the
issuance and filing of the last such certificate, whichever is
later.
(4) The clerk of the court shall periodically review
judgments to any court or clerk of a court pursuant to division
(A)(2) of this section and pursuant to section 2335.19 of the
Revised Code and may report to the issuing judge or successor that
all or a portion of the judgment amount is uncollectable. Based on
that report, the judge may waive all of the costs or any portion
of the costs previously ordered and modify or terminate the
judgment.
Sec. 2743.191. (A)(1) There is hereby created in the state
treasury the reparations fund, which shall be used only for the
following purposes:
(a) The payment of awards of reparations that are granted by
the attorney general;
(b) The compensation of any personnel needed by the attorney
general to administer sections 2743.51 to 2743.72 of the Revised
Code;
(c) The compensation of witnesses as provided in division (J)
of section 2743.65 of the Revised Code;
(d) Other administrative costs of hearing and determining
claims for an award of reparations by the attorney general;
(e) The costs of administering sections 2907.28 and 2969.01
to 2969.06 of the Revised Code;
(f) The costs of investigation and decision-making as
certified by the attorney general;
(g) The provision of state financial assistance to victim
assistance programs in accordance with sections 109.91 and 109.92
of the Revised Code;
(h) The costs of paying the expenses of sex offense-related
examinations and antibiotics pursuant to section 2907.28 of the
Revised Code;
(i) The cost of printing and distributing the pamphlet
prepared by the attorney general pursuant to section 109.42 of the
Revised Code;
(j) Subject to division (D) of section 2743.71 of the Revised
Code, the costs associated with the printing and providing of
information cards or other printed materials to law enforcement
agencies and prosecuting authorities and with publicizing the
availability of awards of reparations pursuant to section 2743.71
of the Revised Code;
(k) The payment of costs of administering a DNA specimen
collection procedure pursuant to sections 2152.74 and 2901.07 of
the Revised Code, of performing DNA analysis of those DNA
specimens, and of entering the resulting DNA records regarding
those analyses into the DNA database pursuant to section 109.573
of the Revised Code;
(l) The payment of actual costs associated with initiatives
by the attorney general for the apprehension, prosecution, and
accountability of offenders, and the enhancing of services to
crime victims. The amount of payments made pursuant to division
(A)(1)(l) of this section during any given fiscal year shall not
exceed five per cent of the balance of the reparations fund at the
close of the immediately previous fiscal year;
(m) The costs of administering the adult parole authority's
supervision pursuant to division (E) of section 2971.05 of the
Revised Code of sexually violent predators who are sentenced to a
prison term pursuant to division (A)(3) of section 2971.03 of the
Revised Code and of offenders who are sentenced to a prison term
pursuant to division (B)(1)(a), (b), or (c), (B)(2)(a), (b), or
(c), or (B)(3)(a), (b), (c), or (d) of that section;
(n) The Subject to the limit set forth in those sections, the
costs of the installation and monitoring of an electronic
monitoring device used in the monitoring of a respondent pursuant
to an electronic monitoring order issued by a court under division
(E)(1)(b) of section 2151.34 or division (E)(1)(b) of section
2903.214 of the Revised Code if the court determines that the
respondent is indigent or used in the monitoring of an offender
pursuant to an electronic monitoring order issued under division
(B)(5) of section 2919.27 of the Revised Code if the court
determines that the offender is indigent.
(2) All costs paid pursuant to section 2743.70 of the Revised
Code, the portions of license reinstatement fees mandated by
division (F)(2)(b) of section 4511.191 of the Revised Code to be
credited to the fund, the portions of the proceeds of the sale of
a forfeited vehicle specified in division (C)(2) of section
4503.234 of the Revised Code, payments collected by the department
of rehabilitation and correction from prisoners who voluntarily
participate in an approved work and training program pursuant to
division (C)(8)(b)(ii) of section 5145.16 of the Revised Code, and
all moneys collected by the state pursuant to its right of
subrogation provided in section 2743.72 of the Revised Code shall
be deposited in the fund.
(B) In making an award of reparations, the attorney general
shall render the award against the state. The award shall be
accomplished only through the following procedure, and the
following procedure may be enforced by writ of mandamus directed
to the appropriate official:
(1) The attorney general shall provide for payment of the
claimant or providers in the amount of the award only if the
amount of the award is fifty dollars or more.
(2) The expense shall be charged against all available
unencumbered moneys in the fund.
(3) If sufficient unencumbered moneys do not exist in the
fund, the attorney general shall make application for payment of
the award out of the emergency purposes account or any other
appropriation for emergencies or contingencies, and payment out of
this account or other appropriation shall be authorized if there
are sufficient moneys greater than the sum total of then pending
emergency purposes account requests or requests for releases from
the other appropriations.
(4) If sufficient moneys do not exist in the account or any
other appropriation for emergencies or contingencies to pay the
award, the attorney general shall request the general assembly to
make an appropriation sufficient to pay the award, and no payment
shall be made until the appropriation has been made. The attorney
general shall make this appropriation request during the current
biennium and during each succeeding biennium until a sufficient
appropriation is made. If, prior to the time that an appropriation
is made by the general assembly pursuant to this division, the
fund has sufficient unencumbered funds to pay the award or part of
the award, the available funds shall be used to pay the award or
part of the award, and the appropriation request shall be amended
to request only sufficient funds to pay that part of the award
that is unpaid.
(C) The attorney general shall not make payment on a decision
or order granting an award until all appeals have been determined
and all rights to appeal exhausted, except as otherwise provided
in this section. If any party to a claim for an award of
reparations appeals from only a portion of an award, and a
remaining portion provides for the payment of money by the state,
that part of the award calling for the payment of money by the
state and not a subject of the appeal shall be processed for
payment as described in this section.
(D) The attorney general shall prepare itemized bills for the
costs of printing and distributing the pamphlet the attorney
general prepares pursuant to section 109.42 of the Revised Code.
The itemized bills shall set forth the name and address of the
persons owed the amounts set forth in them.
(E) As used in this section, "DNA analysis" and "DNA
specimen" have the same meanings as in section 109.573 of the
Revised Code.
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)(1) 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
and subject to the maximum amount allowable to be paid in any year
from the fund and the rules promulgated by the attorney general
under division (N)(2) of this section, the cost of the
installation and monitoring of the electronic monitoring device
may be paid out of funds from the reparations fund created
pursuant to section 2743.191 of the Revised Code. The total amount
of costs for the installation and monitoring of electronic
monitoring devices paid pursuant to this division and sections
2151.34 and 2919.27 of the Revised Code from the reparations fund
shall not exceed three hundred thousand dollars per year. The
(2) The attorney general may promulgate rules pursuant to
section 111.15 of the Revised Code to govern payments made from
the reparations fund pursuant to this division and sections
2151.34 and 2919.27 of the Revised Code. The rules may include
reasonable limits on the total cost paid pursuant to this division
and sections 2151.34 and 2919.27 of the Revised Code per
respondent, the amount of the three hundred thousand dollars
allocated to each county, and how invoices may be submitted by a
county, court, or other entity.
Sec. 2913.04. (A) No person shall knowingly use or operate
the property of another without the consent of the owner or person
authorized to give consent.
(B) No person, in any manner and by any means, including, but
not limited to, computer hacking, shall knowingly gain access to,
attempt to gain access to, or cause access to be gained to any
computer, computer system, computer network, cable service, cable
system, telecommunications device, telecommunications service, or
information service without the consent of, or beyond the scope of
the express or implied consent of, the owner of the computer,
computer system, computer network, cable service, cable system,
telecommunications device, telecommunications service, or
information service or other person authorized to give consent.
(C) No person shall knowingly gain access to, attempt to gain
access to, cause access to be granted to, or disseminate
information gained from access to the law enforcement automated
database system created pursuant to section 5503.10 of the Revised
Code without the consent of, or beyond the scope of the express or
implied consent of, the chair of the law enforcement automated
data system steering committee.
(D) No person shall knowingly gain access to, attempt to gain
access to, cause access to be granted to, or disseminate
information gained from access to the Ohio law enforcement gateway
established and operated pursuant to division (C)(1) of section
109.57 of the Revised Code without the consent of, or beyond the
scope of the express or implied consent of, the superintendent of
the bureau of criminal identification and investigation.
(E) The affirmative defenses contained in division (C) of
section 2913.03 of the Revised Code are affirmative defenses to a
charge under this section.
(E)(F)(1) Whoever violates division (A) of this section is
guilty of unauthorized use of property.
(2) Except as otherwise provided in division (E)(F)(3) or (4)
of this section, unauthorized use of property is a misdemeanor of
the fourth degree.
(3) Except as otherwise provided in division
(E)(F)(4) of
this section, if unauthorized use of property is committed for the
purpose of devising or executing a scheme to defraud or to obtain
property or services, unauthorized use of property is whichever of
the following is applicable:
(a) Except as otherwise provided in division
(E)(F)(3)(b),
(c), or (d) of this section, a misdemeanor of the first degree.
(b) If the value of the property or services or the loss to
the victim is five hundred dollars or more and is less than five
thousand dollars, a felony of the fifth degree.
(c) If the value of the property or services or the loss to
the victim is five thousand dollars or more and is less than one
hundred thousand dollars, a felony of the fourth degree.
(d) If the value of the property or services or the loss to
the victim is one hundred thousand dollars or more, a felony of
the third degree.
(4) If the victim of the offense is an elderly person or
disabled adult, unauthorized use of property is whichever of the
following is applicable:
(a) Except as otherwise provided in division
(E)(F)(4)(b),
(c), or (d) of this section, a felony of the fifth degree;
(b) If the value of the property or services or loss to the
victim is five hundred dollars or more and is less than five
thousand dollars, a felony of the fourth degree;
(c) If the value of the property or services or loss to the
victim is five thousand dollars or more and is less than
twenty-five thousand dollars, a felony of the third degree;
(d) If the value of the property or services or loss to the
victim is twenty-five thousand dollars or more, a felony of the
second degree.
(F)(G)(1) Whoever violates division (B) of this section is
guilty of unauthorized use of computer, cable, or
telecommunication property, and shall be punished as provided in
division (F)(G)(2), (3), or (4) of this section.
(2) Except as otherwise provided in division (F)(G)(3) or (4)
of this section, unauthorized use of computer, cable, or
telecommunication property is a felony of the fifth degree.
(3) Except as otherwise provided in division (F)(G)(4) of
this section, if unauthorized use of computer, cable, or
telecommunication property is committed for the purpose of
devising or executing a scheme to defraud or to obtain property or
services, for obtaining money, property, or services by false or
fraudulent pretenses, or for committing any other criminal
offense, unauthorized use of computer, cable, or telecommunication
property is whichever of the following is applicable:
(a) Except as otherwise provided in division (F)(G)(3)(b) of
this section, if the value of the property or services involved or
the loss to the victim is five thousand dollars or more and less
than one hundred thousand dollars, a felony of the fourth degree;
(b) If the value of the property or services involved or the
loss to the victim is one hundred thousand dollars or more, a
felony of the third degree.
(4) If the victim of the offense is an elderly person or
disabled adult, unauthorized use of computer, cable, or
telecommunication property is whichever of the following is
applicable:
(a) Except as otherwise provided in division (F)(G)(4)(b),
(c), or (d) of this section, a felony of the fifth degree;
(b) If the value of the property or services or loss to the
victim is five hundred dollars or more and is less than five
thousand dollars, a felony of the fourth degree;
(c) If the value of the property or services or loss to the
victim is five thousand dollars or more and is less than
twenty-five thousand dollars, a felony of the third degree;
(d) If the value of the property or services or loss to the
victim is twenty-five thousand dollars or more, a felony of the
second degree.
(G)(H) Whoever violates division (C) of this section is
guilty of unauthorized use of the law enforcement automated
database system, a felony of the fifth degree.
(H)(I) Whoever violates division (D) of this section is
guilty of unauthorized use of the Ohio law enforcement gateway, a
felony of the fifth degree.
(J) As used in this section:
(1) "Cable operator" means any person or group of persons
that does either of the following:
(a) Provides cable service over a cable system and directly
or through one or more affiliates owns a significant interest in
that cable system;
(b) Otherwise controls or is responsible for, through any
arrangement, the management and operation of a cable system.
(2) "Cable service" means any of the following:
(a) The one-way transmission to subscribers of video
programming or of information that a cable operator makes
available to all subscribers generally;
(b) Subscriber interaction, if any, that is required for the
selection or use of video programming or of information that a
cable operator makes available to all subscribers generally, both
as described in division (H)(J)(2)(a) of this section;
(c) Any cable television service.
(3) "Cable system" means any facility, consisting of a set of
closed transmission paths and associated signal generation,
reception, and control equipment that is designed to provide cable
service that includes video programming and that is provided to
multiple subscribers within a community. "Cable system" does not
include any of the following:
(a) Any facility that serves only to retransmit the
television signals of one or more television broadcast stations;
(b) Any facility that serves subscribers without using any
public right-of-way;
(c) Any facility of a common carrier that, under 47 U.S.C.A.
522(7)(c), is excluded from the term "cable system" as defined in
47 U.S.C.A. 522(7);
(d) Any open video system that complies with 47 U.S.C.A. 573;
(e) Any facility of any electric utility used solely for
operating its electric utility system.
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 and subject to the
maximum amount allowable and the rules promulgated by the attorney
general under section 2903.214 of the Revised Code, the costs of
the installation of the electronic monitoring device and the cost
of monitoring the electronic monitoring device shall may be paid
out of funds from the reparations fund created pursuant to section
2743.191 of the Revised Code. The total amount paid from the
reparations fund created pursuant to section 2743.191 of the
Revised Code for electronic monitoring under this section and
sections 2151.34 and 2903.214 of the Revised Code shall not exceed
three hundred thousand dollars per year.
(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. 3109.06. Any Except as provided in division (K) of
section 2301.03 of the Revised Code, any court, other than a
juvenile court, that has jurisdiction in any case respecting the
allocation of parental rights and responsibilities for the care of
a child under eighteen years of age and the designation of the
child's place of residence and legal custodian or in any case
respecting the support of a child under eighteen years of age,
may, on its own motion or on motion of any interested party, with
the consent of the juvenile court, certify the record in the case
or so much of the record and such further information, in
narrative form or otherwise, as the court deems necessary or the
juvenile court requests, to the juvenile court for further
proceedings; upon the certification, the juvenile court shall have
exclusive jurisdiction.
In cases in which the court of common pleas finds the parents
unsuitable to have the parental rights and responsibilities for
the care of the child or children and unsuitable to provide the
place of residence and to be the legal custodian of the child or
children, consent of the juvenile court shall not be required to
such certification. This section applies to actions pending on
August 28, 1951.
In any case in which a court of common pleas, or other court
having jurisdiction, has issued an order that allocates parental
rights and responsibilities for the care of minor children and
designates their place of residence and legal custodian of minor
children, has made an order for support of minor children, or has
done both, the jurisdiction of the court shall not abate upon the
death of the person awarded custody but shall continue for all
purposes during the minority of the children. The court, upon its
own motion or the motion of either parent or of any interested
person acting on behalf of the children, may proceed to make
further disposition of the case in the best interests of the
children and subject to sections 3109.42 to 3109.48 of the Revised
Code. If the children are under eighteen years of age, it may
certify them, pursuant to this section, to the juvenile court of
any county for further proceedings. After certification to a
juvenile court, the jurisdiction of the court of common pleas, or
other court, shall cease, except as to any payments of spousal
support due for the spouse and support payments due and unpaid for
the children at the time of the certification.
Any disposition made pursuant to this section, whether by a
juvenile court after a case is certified to it, or by any court
upon the death of a person awarded custody of a child, shall be
made in accordance with sections 3109.04 and 3109.42 to 3109.48 of
the Revised Code. If an appeal is taken from a decision made
pursuant to this section that allocates parental rights and
responsibilities for the care of a minor child and designates the
child's place of residence and legal custodian, the court of
appeals shall give the case calendar priority and handle it
expeditiously.
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 nineteen 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 automatically seal all of the records of the
proceeding in which the order is issued or agreement approved on
the date the respondent attains the age of nineteen 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 nineteen 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 109.36, 109.57, 1901.26,
1901.261, 1907.24, 2101.16, 2101.162, 2101.17, 2111.51, 2113.031,
2151.23, 2151.358, 2151.541, 2152.02, 2301.03, 2303.20, 2303.201,
2329.07, 2743.191, 2903.214, 2913.04, 2919.25, 2919.27, 3109.06,
3113.31, and 3113.33 of the Revised Code are hereby repealed.
Section 3. That sections 1901.26, 1901.261, 1907.24, 2101.16,
2101.162, 2151.541, 2303.20, and 2303.201, as amended by this act,
shall take effect one month after the effective date of this act.
Section 4. Section 109.57 of the Revised Code is presented
in this act as a composite of the section as amended by both Am.
Sub. H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.
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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