The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
H. B. No. 55 As IntroducedAs Introduced
128th General Assembly | Regular Session | 2009-2010 |
| |
Representatives Williams, B., Combs
Cosponsors:
Representatives Bolon, Book, Boyd, Chandler, Domenick, Evans, Fende, Foley, Gerberry, Hagan, Harris, Letson, Skindell, Slesnick, Williams, S., Winburn, Yuko
A BILL
To amend sections 959.99, 2152.19, 2903.213,
2903.214, 2919.26, 3113.31,
4732.141, and 4757.33
and to enact section
4731.284 of the Revised
Code to revise the
penalties and sentencing
provisions regarding
violations of the cruelty to
animals statutes and
to include the protection of
companion animals in
temporary protection orders,
domestic violence
protection orders,
anti-stalking protection orders, and related
protection orders.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 959.99, 2152.19, 2903.213, 2903.214,
2919.26, 3113.31,
4732.141, and 4757.33 be amended and section
4731.284 of the
Revised
Code be enacted to read as follows:
Sec. 959.99. (A) Whoever violates section
959.18
or 959.19
of the Revised Code is guilty of a minor misdemeanor.
(B) Except as otherwise provided in this division,
whoever
violates section 959.02 of the Revised Code is guilty of a
misdemeanor of
the second degree. If the value of the animal
killed or the
injury done amounts to three hundred dollars or
more, whoever
violates section 959.02 of the Revised Code is
guilty of a
misdemeanor of the first degree.
(C) Whoever violates section 959.03, 959.06, 959.12,
959.15,
or 959.17 of the Revised Code is guilty of a misdemeanor
of the
fourth degree.
(D) Whoever violates division (A) of section 959.13 of the
Revised Code is guilty of a misdemeanor of the second degree on a
first offense and a misdemeanor of the first degree on each
subsequent
offense. In
addition, the court may order the offender
to forfeit
the animal
or livestock and may provide for its
disposition,
including, but
not limited to, the sale of the
animal or
livestock. If an
animal
or livestock is forfeited and
sold
pursuant to this
division, the
proceeds from the sale first
shall
be applied to
pay the expenses
incurred with regard to the
care of
the animal
from the time it
was taken from the custody of
the
former owner.
The balance of the
proceeds from the sale, if
any,
shall be paid
to the former owner
of the animal.
(E)(1)(a) Whoever violates division (B) of
section
959.131 of
the Revised Code is guilty of a misdemeanor of the
first degree on
a first
offense and a felony of the
fifth
degree
on each
subsequent offense. In addition to any other sanction imposed for
a felony violation of division (B) of section 959.131 of the
Revised Code, a court shall impose a term of basic probation
supervision or a term of intensive probation supervision.
(b) As used in division (E)(1)(a) of this section, "basic
probation supervision" and "intensive probation supervision" have
the same meanings as in section 2929.01 of the Revised Code.
(2) Whoever violates section 959.01 of the Revised Code or
division (C) of
section
959.131 of
the Revised Code is guilty of a
misdemeanor of the
second
degree
on a first offense and a
misdemeanor of the first
degree on each
subsequent offense.
(3)(a) A court may order a person who is convicted of or
pleads
guilty to
a violation of section 959.131 of the Revised
Code
to
forfeit to an impounding agency, as defined in section
959.132 of
the Revised Code, any or all of the companion animals
in that
person's ownership or care. The court also may prohibit
or
place
limitations on the person's ability to own or care for
any
companion animals for a specified or indefinite period of
time.
(b) A court may order a person who is convicted of or
pleads
guilty to a violation of section 959.131 of the Revised
Code to
reimburse an impounding agency for the reasonably
necessary costs
incurred by the agency for the care of a companion
animal that the
agency impounded as a result of the investigation
or prosecution
of the violation, provided that the costs were not
otherwise paid
under section 959.132 of the Revised Code.
(4) If (a) Except as otherwise provided in division (E)(4)(b)
of this section, if a court has reason to believe that a person
who is
convicted of or
pleads guilty to a violation
of section
959.131 of
the Revised Code
suffers from a mental or emotional
disorder that
contributed to the violation,
the court may impose
as a community
control sanction or as a condition of probation a
requirement that
the offender undergo psychological evaluation or
counseling. The
court shall order the offender to pay the costs
of
the evaluation
or counseling.
(b) The court shall require a child under eighteen years of
age who is adjudicated a delinquent child under Chapter 2152. of
the Revised Code for a violation of division (B) of section
959.131 of the Revised Code to undergo psychological evaluation
and, if the evaluation determines that it is appropriate, to
undergo counseling in accordance with division (F) of section
2152.19
of the Revised Code.
(F) Whoever violates section 959.14 of the Revised Code is
guilty of a misdemeanor of the second degree on a first offense
and
a misdemeanor of the first degree on each subsequent offense.
(G) Whoever violates section 959.05 or 959.20 of the
Revised
Code is guilty of a misdemeanor of the first degree.
(H) Whoever violates section 959.16 of the Revised Code
is
guilty of a felony of the fourth degree for on a first offense and
a felony of
the third degree on each subsequent offense.
Sec. 2152.19. (A) If a child is adjudicated a delinquent
child,
the court may make any of the following orders of
disposition, in
addition to any other disposition authorized or
required by this
chapter:
(1) Any
order that is authorized by section 2151.353 of the
Revised Code for the care and protection of an abused,
neglected,
or
dependent child;
(2) Commit the child to the temporary custody of any school,
camp, institution, or other facility operated for the care of
delinquent
children by the county, by a district organized under
section
2152.41 or 2151.65 or 2152.41 of the Revised Code, or by a
private
agency or organization, within or without the state, that
is
authorized and
qualified to provide the care, treatment, or
placement required, including, but not limited to, a school, camp,
or facility operated under section 2151.65 of the Revised Code;
(3)
Place the child in a detention
facility or district
detention facility operated under section
2152.41 of the Revised
Code, for up to ninety days;
(4) Place the child on community control under any
sanctions,
services,
and conditions that the court prescribes. As
a
condition
of
community control in every case and in addition to
any other
condition that it imposes upon the child, the court
shall require
the child
to abide by the law during the period of
community
control. As
referred to in this division, community
control
includes, but is
not limited to, the following sanctions
and
conditions:
(a) A period of basic probation supervision in which the
child is required to maintain contact with a person appointed to
supervise the
child in accordance with sanctions
imposed by the
court;
(b) A period of intensive probation supervision in which
the
child is required to maintain frequent contact with a person
appointed by
the court to supervise
the child while the child is
seeking or maintaining employment and
participating in training,
education, and treatment programs as
the order of disposition;
(c) A period of day reporting in which the child is
required
each day to report to and leave a center or another approved
reporting location at specified
times in order to participate in
work, education or training,
treatment, and other approved
programs at the center or outside
the center;
(d) A period of community service of up to five hundred
hours
for an act that would be a felony or a misdemeanor of the
first
degree
if committed by an adult,
up to two hundred hours for
an
act that would be a misdemeanor of the second,
third, or fourth
degree
if committed by an adult, or up to thirty hours for an act
that
would be a minor misdemeanor if committed by an adult;
(e) A requirement that the child obtain a high school
diploma, a
certificate of high school equivalence, vocational
training, or
employment;
(f) A period of drug and alcohol use monitoring;
(g) A requirement of alcohol or drug assessment or
counseling, or a period in an alcohol or drug treatment program
with a level
of security for the child
as determined necessary by
the court;
(h) A period in which the court orders the child to
observe
a
curfew that may involve daytime or evening hours;
(i) A requirement that the child serve monitored time;
(j) A period of house arrest without electronic
monitoring or
continuous alcohol monitoring;
(k) A period of electronic monitoring or continuous alcohol
monitoring without house arrest,
or
house arrest with electronic
monitoring or continuous alcohol monitoring or both electronic
monitoring and continuous alcohol monitoring, that does not exceed
the
maximum
sentence of imprisonment
that could be imposed upon an
adult who commits the same act.
A period of house arrest with electronic monitoring or
continuous alcohol monitoring or both electronic monitoring and
continuous alcohol monitoring, imposed
under
this division shall
not extend beyond the child's
twenty-first birthday. If a
court
imposes a period of
house arrest with electronic monitoring or
continuous alcohol monitoring or both electronic monitoring and
continuous alcohol monitoring, upon a
child under this
division,
it shall require the child: to remain in the child's
home or
other
specified premises for the entire period of
house arrest with
electronic monitoring or continuous alcohol monitoring or both
except when the court
permits the child to
leave those premises to
go to school or to
other specified
premises. Regarding electronic
monitoring, the court also shall require the child to be monitored
by a central system that
can determine
the child's location at
designated times; to report
periodically
to a person designated by
the court; and to enter
into a written
contract with the court
agreeing to comply with all
requirements
imposed by the court,
agreeing to pay any fee imposed
by the court
for the costs of the
house
arrest with electronic monitoring, and
agreeing to waive the
right to receive credit for any
time served
on house arrest with
electronic monitoring toward the
period of any
other dispositional
order imposed upon the child if
the child
violates any of the
requirements of the dispositional
order of
house arrest with
electronic monitoring. The court also
may impose
other reasonable
requirements upon the child.
Unless ordered by the court, a child shall not receive credit
for any time
served on
house arrest with electronic monitoring
or
continuous alcohol monitoring or both toward any other
dispositional
order imposed upon the child for
the act for which
was imposed the
dispositional order of
house arrest with
electronic monitoring or continuous alcohol monitoring. As used in
this division and division (A)(4)(l)(j) of this section,
"continuous
alcohol monitoring" has the same meaning as in
section 2929.01 of
the Revised Code.
(l) A suspension of the driver's license, probationary
driver's
license, or temporary instruction permit issued to the
child
for a period of time prescribed by the court, or a
suspension
of the
registration of all motor vehicles
registered in
the name of the child
for a period of time prescribed by the
court. A child whose license or
permit is so suspended is
ineligible for issuance of a license or
permit during the period
of suspension. At the end of the period
of suspension, the child
shall not be reissued a license or permit
until the child has paid
any applicable reinstatement fee and
complied with all
requirements governing license reinstatement.
(5) Commit the child to the custody of the
court;
(6)
Require the child to not be absent without legitimate
excuse from
the public school the child is supposed to attend for
five or more
consecutive days, seven or more school days in one
school month, or
twelve or more school days in a school year;
(7)(a) If a child is adjudicated a delinquent child for
being
a
chronic truant or a habitual truant who previously has
been
adjudicated an
unruly child for being a
habitual truant, do
either
or both of the following:
(i) Require the child to participate in a truancy prevention
mediation program;
(ii) Make any order of disposition as authorized by this
section,
except that the court shall not commit the child to a
facility described
in division (A)(2)
or (3) of this section
unless the
court
determines that the child violated a lawful court
order made
pursuant to
division (C)(1)(e) of section 2151.354 of
the
Revised
Code
or division (A)(6) of this section.
(b) If a child is adjudicated a delinquent child for being a
chronic truant or a habitual truant who previously has been
adjudicated an
unruly child for being a
habitual truant and the
court determines that the parent,
guardian, or other person having
care of the child has failed to
cause the child's attendance at
school in violation of section
3321.38 of the Revised Code, do
either or both of the
following:
(i) Require the parent, guardian, or other person having
care
of
the child to participate in a truancy prevention mediation
program;
(ii) Require the parent, guardian, or other person having
care of
the child to participate in any community service program,
preferably a
community service program that
requires the
involvement of the parent, guardian, or other person
having care
of the child in the school attended by the child.
(8) Make any further disposition that the court finds
proper,
except that the child shall not be placed in any of the
following:
(a) A state correctional institution, a county, multicounty,
or
municipal jail or workhouse, or another place in which an adult
convicted of a crime, under arrest, or charged with a crime is
held;
(b) A community corrections facility, if the child would be
covered by the definition of public safety beds for purposes of
sections
5139.41 to 5139.43 of the Revised Code if the court
exercised its authority to commit the child to the legal custody
of the
department of youth services for institutionalization
or
institutionalization in a secure facility pursuant to this
chapter.
(B) If a child is adjudicated a delinquent child, in
addition
to
any order of disposition made under division (A) of
this
section, the
court, in
the following situations
and for the
specified periods of time, shall
suspend the child's temporary
instruction
permit, restricted
license, probationary driver's
license, or nonresident
operating
privilege, or suspend the
child's ability to obtain such a permit:
(1)
If the child is adjudicated a delinquent child for
violating
section 2923.122 of the Revised Code,
impose a class
four suspension of the
child's license, permit, or privilege from
the range specified in
division (A)(4) of section 4510.02 of the
Revised Code or deny the
child the issuance of a license or permit
in accordance with
division
(F)(1) of section 2923.122 of
the
Revised Code.
(2)
If the child is adjudicated a delinquent child for
committing an
act that if committed by an adult would be a drug
abuse offense
or for violating
division (B) of section 2917.11 of
the Revised
Code,
suspend the child's license, permit, or
privilege for a period of time prescribed by the court. The court,
in its discretion, may terminate the suspension
if the child
attends and
satisfactorily completes a drug abuse or
alcohol abuse
education,
intervention, or treatment program
specified by the
court. During
the time the child is attending
a program
described
in this division, the
court shall retain
the child's
temporary
instruction permit, probationary
driver's license, or
driver's
license, and the
court shall return the permit or
license
if it
terminates the
suspension as described in this
division.
(C) The court may establish a victim-offender mediation
program
in which victims and their offenders meet to discuss the
offense and suggest
possible restitution. If the court obtains
the
assent of the victim of the delinquent act committed by the
child,
the court may require the child to participate in the
program.
(D)(1) If a child is adjudicated a delinquent child for
committing an act that would be a felony if committed by an adult
and if the
child caused, attempted to cause, threatened to
cause,
or created a risk of physical harm to the victim of the
act, the
court, prior to issuing an order of disposition under
this
section, shall order the preparation of a victim impact
statement
by the probation department of the county in which the
victim of
the act resides, by the court's own probation department, or by a
victim assistance program that is operated by the state, a county,
a municipal
corporation, or another governmental entity. The court
shall
consider the victim impact statement in determining the
order of
disposition to issue for the child.
(2) Each victim impact statement shall identify the victim
of
the
act for which the child was adjudicated a delinquent child,
itemize any
economic loss suffered by the victim as a result of
the act,
identify any physical injury suffered by the victim as a
result of
the act and the seriousness and permanence of the
injury, identify
any change in the victim's personal welfare or
familial
relationships as a result of the act and any
psychological impact
experienced by the victim or the victim's
family as a result of the act, and
contain any other
information
related to the impact of the act upon the victim that the
court
requires.
(3) A victim impact statement shall be kept confidential and
is
not a public record. However, the court may furnish copies of
the statement
to the department of youth services if the
delinquent child
is committed to the department or to both the
adjudicated
delinquent child or the adjudicated delinquent child's
counsel and
the prosecuting attorney. The copy of a victim impact
statement
furnished by the court to the department pursuant to
this section
shall be kept confidential and is not a public
record.
If an officer is preparing pursuant to section 2947.06 or
2951.03 of the Revised Code or Criminal Rule 32.2 a presentence
investigation report pertaining to a person, the court shall make
available to the officer, for use in preparing the report, a copy
of any victim impact statement regarding that person. The copies
of a victim
impact statement that are made
available to the
adjudicated delinquent child or the adjudicated
delinquent child's
counsel and the
prosecuting attorney pursuant
to this division
shall be returned to the
court by the person to
whom they were
made available
immediately following the imposition
of an order of
disposition for the
child under this chapter.
The copy of a victim impact statement that is made available
pursuant to this division to an officer preparing a criminal
presentence investigation report shall be returned to the court by
the officer immediately following its use in preparing the report.
(4) The department of youth services shall work with local
probation departments and victim assistance programs to develop a
standard victim impact statement.
(E) If a child is adjudicated a delinquent child for being a
chronic
truant or a habitual truant who previously has been
adjudicated an
unruly child for being a habitual truant and the
court determines that
the parent, guardian, or other person having
care of the child has
failed to cause the child's attendance at
school in violation of
section 3321.38 of the Revised Code, in
addition to any
order of
disposition it makes under this section,
the court shall warn the
parent, guardian, or other person having
care of the child that
any subsequent adjudication of the child as
an unruly or
delinquent child for being a habitual or chronic
truant may
result in a criminal charge against the parent,
guardian, or other
person having care of the child for a violation
of division (C) of
section 2919.21 or section 2919.24 of the
Revised Code.
(F) If a child under eighteen years of age is adjudicated a
delinquent child for a violation of division (B) of section
959.131 of the Revised Code, the court, in addition to any other
disposition that it makes under this section, shall require the
child to undergo a psychological evaluation. The evaluation shall
determine if the child needs individual or family counseling and
shall make a recommendation as to the frequency and the length of
time that the counseling should occur. If individual or family
counseling is recommended by the evaluation, the court shall
require the counseling to take place and shall establish the
frequency and the length of time of the counseling. The court may
order the parent,
guardian, or other person
having care of the
child to pay the
costs of the evaluation, any
counseling, or
both.
(G)(1) During the period of a delinquent child's community
control granted under this section, authorized probation officers
who are
engaged within the scope of their supervisory duties
or
responsibilities may search, with or without a warrant, the
person
of the delinquent child, the place of residence of the
delinquent
child, and a motor vehicle, another item of tangible or
intangible
personal property, or other real property in which the
delinquent
child has a right, title, or interest or for which the
delinquent
child has the express or implied permission of a person with a
right, title, or interest to use, occupy, or possess if the
probation officers
have reasonable grounds to believe that the
delinquent child is not abiding by
the law or otherwise is not
complying with the conditions of the
delinquent child's community
control. The court that places a
delinquent child on community
control under this section shall
provide the delinquent child with
a written notice that informs
the delinquent child that authorized
probation officers who are
engaged within the scope of their
supervisory duties or responsibilities may
conduct those types of
searches during the period of community control if they
have
reasonable grounds to believe that the delinquent child is
not
abiding by the law or otherwise is not complying with the
conditions of the delinquent child's community control. The court
also shall provide the written notice described in division
(E)(G)(2)
of this section to each
parent, guardian, or custodian
of the
delinquent child who is described in
that
division.
(2) The court that places a child on community control under
this
section shall provide the child's parent, guardian, or other
custodian
with a written notice that informs them that authorized
probation
officers may conduct searches pursuant to division
(E)(1) of this
section. The notice shall specifically state that
a
permissible
search might extend to a motor vehicle, another item
of tangible
or intangible personal property, or a place of
residence or other
real property in which a notified parent,
guardian, or custodian
has a right, title, or interest and that
the parent, guardian, or
custodian expressly or impliedly permits
the child to use, occupy,
or possess.
(G)(H) If a juvenile court commits a delinquent child to the
custody of any person, organization, or entity pursuant to this
section and if the delinquent act for which the child is so
committed is a sexually oriented offense or is a child-victim
oriented offense, the court in the order
of disposition
shall do
one of the following:
(1) Require that the child be provided treatment as
described
in division (A)(2) of section 5139.13 of the Revised
Code;
(2) Inform the person, organization, or entity
that it is
the
preferred course of action in this state that the
child be
provided treatment as described in division (A)(2) of
section
5139.13
of the Revised Code and encourage the
person,
organization,
or entity to provide that treatment.
Sec. 2903.213. (A) Except when the complaint involves a
person who is a family or household member as defined in section
2919.25 of the Revised Code, upon the filing of a complaint that
alleges a violation of section 2903.11, 2903.12, 2903.13, 2903.21,
2903.211,
2903.22, or
2911.211 of the Revised Code, a violation
of
a municipal ordinance
substantially similar to section 2903.13,
2903.21, 2903.211, 2903.22, or
2911.211 of the Revised Code, or
the commission of a sexually oriented offense, the
complainant,
the alleged victim,
or a family or household member
of an alleged
victim may file a motion
that requests the issuance
of a
protection
order as a pretrial condition of release of the
alleged
offender, in
addition to any bail set under Criminal Rule
46. The
motion
shall be filed with the clerk of the court that
has
jurisdiction
of the case at any time after the filing of the
complaint. If
the complaint involves a person who is a family or
household
member, the complainant, the alleged victim, or the
family or
household member may file a motion for a temporary
protection order pursuant to section 2919.26 of the Revised Code.
(B) A motion for a protection order under this section shall
be prepared on a form that is provided by the clerk of the court,
and the form shall be substantially as follows:
"Motion for Protection Order
............................
Name and address of court
.............................
(Name of person),
moves the court to issue a protection order
containing terms designed to ensure the safety and protection of
the complainant or the alleged victim in the above-captioned
case
and any companion animal that is in the complainant's or alleged
victim's residence,
in relation to the named defendant, pursuant
to
its authority to
issue a protection order under section
2903.213 of
the Revised
Code.
A complaint, a copy of which has been attached to this
motion, has been filed in this court charging the named defendant
with a violation of section 2903.11, 2903.12, 2903.13, 2903.21,
2903.211,
2903.22, or
2911.211 of the Revised Code, a violation
of
a municipal ordinance
substantially similar to section 2903.13,
2903.21, 2903.211, 2903.22, or
2911.211 of the Revised Code, or
the commission of a sexually oriented offense.
I understand that I must appear before the court, at a time
set by the court not later than the next day that the court is in
session after the filing of this motion, for a hearing on the
motion, and that any protection order granted
pursuant to this
motion is a pretrial condition of release and is
effective only
until the disposition of the criminal proceeding
arising out of
the attached complaint or until the issuance under section
2903.214 of the Revised Code of a protection order arising out of
the same activities as
those that were the basis of the attached
complaint.
.....................................
.....................................
(C)(1) As soon as possible after the filing of a motion that
requests the issuance of a protection order
under this section,
but
not later than the next day that the court is in session after
the filing of the motion, the court shall conduct a hearing to
determine whether to issue the order. The person who
requested
the
order shall
appear before the court and provide the court with
the
information that it requests concerning the basis of the
motion.
If the court finds that the safety and protection of the
complainant or the alleged victim may be impaired by the continued
presence of the
alleged offender, the court may issue a
protection
order under this section, as a pretrial condition of release, that
contains terms
designed to ensure the safety and protection of the
complainant or the
alleged victim,
including a requirement that
the alleged offender refrain from
entering the residence, school,
business, or place of employment
of the complainant or the alleged
victim.
The court may include within the scope of a protection
order issued under this section any companion animal that is in
the complainant's or alleged victim's residence.
(2)(a) If
the court issues a protection order under this
section that
includes a requirement that the alleged offender
refrain from
entering the residence, school, business, or place of
employment
of the complainant or the alleged victim, the order
shall clearly state
that the order
cannot be waived or nullified
by an invitation to the alleged
offender from the complainant, the
alleged victim, or a family or
household member to enter the
residence, school,
business, or place of employment or by the
alleged offender's
entry into one of those places otherwise upon
the consent of the
complainant, the alleged victim, or a family or
household
member.
(b) Division
(C)(2)(a)
of this section does not limit any
discretion of a court to
determine that an alleged offender
charged with a violation of
section 2919.27 of the Revised Code,
with a violation of a
municipal ordinance substantially equivalent
to that section, or
with contempt of court, which charge is based
on an alleged
violation of a protection order issued under this
section, did
not commit the violation or was not in contempt of
court.
(D)(1) Except when the complaint involves a person who is
a
family or household member as defined in section 2919.25 of the
Revised Code, upon the filing of a complaint that alleges a
violation specified in division (A) of this section, the court,
upon its own
motion, may issue a protection order under this
section as a
pretrial condition of release
of the alleged offender
if it finds that the safety and
protection of the complainant or
the alleged victim may be impaired by
the continued
presence of
the alleged offender.
The court may include within the scope of a
protection order issued under this section any companion animal
that is in the complainant's or alleged victim's residence.
(2) If the court issues a protection order
under this
section
as an ex parte order, it shall conduct, as
soon as
possible after
the issuance of the order but not later
than the
next day that the
court is in session after its issuance, a
hearing to determine
whether the order should remain in effect,
be
modified, or be
revoked. The hearing shall be conducted under
the
standards set
forth in division (C) of this section.
(3) If a municipal court or a county
court issues a
protection order under this
section and
if, subsequent to the
issuance of the order, the alleged
offender who is the subject of
the order is bound over to the
court of common pleas for
prosecution of a felony arising out of
the same activities as
those that were the basis of the
complaint upon which the order is
based, notwithstanding the
fact that the order was issued by a
municipal court or county
court, the order shall remain in effect,
as though it were an order of the
court of common pleas, while the
charges
against the alleged offender are pending in the court of
common
pleas, for the period of time described in division
(E)(2)
of this section, and the court of common pleas has exclusive
jurisdiction to modify the order issued by the municipal court or
county
court. This
division applies when the alleged offender is
bound over to the
court of common pleas as a result of the person
waiving a
preliminary hearing on the felony charge, as a result of
the
municipal court or county court having determined at a
preliminary hearing that there is probable cause to believe that
the felony has been committed and that the alleged offender
committed it, as a result of the alleged offender having been
indicted for the felony, or in any other manner.
(E) A protection order that is issued as a
pretrial
condition
of release under this section:
(1) Is in addition to, but shall not be construed as a
part
of, any bail set under Criminal Rule 46;
(2) Is effective only until the disposition, by the court
that
issued the order or, in the circumstances described in
division
(D)(3) of this section, by the court of common pleas to
which the
alleged offender is bound over for prosecution, of the
criminal proceeding arising out of the complaint upon which the
order is
based or until the issuance under section 2903.214 of the
Revised Code of a protection
order arising out of the same
activities as those that were the basis of the
complaint filed
under this section;
(3) Shall not be construed as a finding that the alleged
offender committed the alleged offense and shall not be
introduced
as evidence of the commission of the offense at the
trial of the
alleged offender on the complaint upon which the
order is based.
(F) A person who meets the criteria for bail under
Criminal
Rule 46 and who, if required to do so pursuant to that
rule,
executes or posts bond or deposits cash or securities as
bail,
shall not be held in custody pending a hearing before the
court on
a motion requesting a protection order
under this section.
(G)(1) A copy of a protection order that
is issued under
this
section shall be issued by the court to the
complainant, to
the
alleged victim, to the person who requested the
order, to the
defendant, and to all law enforcement
agencies that have
jurisdiction to enforce the order. The court
shall direct that a
copy of the order be delivered to the
defendant on the same day
that the order is entered. If a municipal court
or a county court
issues a
protection order under this section and if, subsequent to
the
issuance of the order, the defendant who is the subject of the
order is bound over to the court of common pleas for prosecution
as described in division (D)(3)
of this section, the municipal
court or county court shall
direct that a copy of the order be
delivered to the court of
common pleas to which the defendant is
bound over.
(2) 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
If you are convicted of a misdemeanor crime involving
violence in which you are or were a spouse, intimate partner,
parent, or guardian of the victim or are or were involved in
another, similar relationship with the victim, 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)(9). 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 (G)(1) of this
section. With
respect to each
order delivered, each agency shall
note on the
index the date and
time of the agency's receipt of
the order.
(4) Regardless of whether the petitioner has registered
the
protection order in the county in which the officer's agency
has
jurisdiction,
any officer of a law enforcement agency shall
enforce
a protection order issued pursuant to this
section in
accordance with the
provisions of the order.
(H) Upon a violation of a protection order
issued pursuant
to
this section,
the court may issue another protection order
under
this section, as a
pretrial condition of release, that
modifies
the terms of the
order that was violated.
(I) Notwithstanding any provision of law to the contrary
and
regardless of whether a protection order is issued or a consent
agreement is approved by a court of
another county or by a court
of another state,
no
court
or unit of state or local government
shall
charge
any fee, cost, deposit, or money in connection
with
the filing of a motion
pursuant
to
this section, in
connection
with the filing, issuance,
registration, or service of
a
protection order or consent agreement, or for obtaining
certified
copies of a protection order or consent agreement.
(J) As used in this section, "sexually:
(1) "Sexually oriented offense" has
the same meaning as in
section 2950.01 of the Revised Code.
(2) "Companion animal" has the same meaning as in section
959.131 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.
(7) "Companion animal" has the same meaning as in section
959.131 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 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.
The court may include within the
scope of a protection order issued under this section any
companion animal that is in the residence of the person to be
protected.
(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
this section, has committed a sexually oriented offense against
the person to be protected by the protection order, or has
violated a protection
order issued
pursuant to
section 2903.213 of
the Revised Code relative to the person to be
protected by
the
protection order issued pursuant to this section.
(4) No protection order issued pursuant to this section
shall
in any
manner affect title to any real property.
(5)(a) If
the court issues a protection order under this
section that
includes a requirement that the alleged offender
refrain from
entering the residence, school, business, or place of
employment
of the petitioner or a family or household member, the
order
shall clearly state that the order cannot be waived or
nullified
by an invitation to the alleged offender from the
complainant to
enter the residence, school, business, or place of
employment or
by the alleged offender's entry into one of those
places
otherwise upon the consent of the petitioner or family or
household member.
(b) Division
(E)(5)(a)
of this section does not limit any
discretion of a court to
determine that an alleged offender
charged with a violation of
section 2919.27 of the Revised Code,
with a violation of a
municipal ordinance substantially equivalent
to that section, or
with contempt of court, which charge is based
on an alleged
violation of a protection order issued under this
section, did
not commit the violation or was not in contempt of
court.
(F)(1) The court shall cause the delivery of a copy of any
protection order that is issued under this
section
to the
petitioner, to the respondent, and to
all law enforcement agencies
that have jurisdiction to enforce
the order. The court shall
direct that a copy of the
order be delivered to the respondent on
the same day that the
order is entered.
(2) Upon the issuance of a protection order under this
section, the court shall provide the parties to the order with the
following notice orally or by form:
"NOTICE
As a result of this order, it may be unlawful for you to
possess or purchase a firearm, including a rifle, pistol, or
revolver, or ammunition pursuant to federal law under 18 U.S.C.
922(g)(8). If you have any questions whether this law makes it
illegal for you to possess or purchase a firearm or ammunition,
you should consult an attorney."
(3) All law enforcement agencies shall establish and
maintain
an index for the protection orders delivered to the
agencies
pursuant
to division
(F)(1) of this section. With
respect to each
order delivered, each
agency shall note on the
index the
date and
time that it received the order.
(4) Regardless of whether the petitioner has registered
the
protection
order
in the county in which the officer's agency
has
jurisdiction
pursuant to division (M) of this section, any
officer
of a law
enforcement agency shall enforce a protection
order
issued pursuant to this
section by any court in
this state
in
accordance with the provisions of the order, including removing
the respondent from the premises, if appropriate.
(G) Any proceeding under this section shall be conducted
in
accordance with the Rules of Civil Procedure,
except that a
protection
order may be obtained under this section with or
without bond.
An order issued under this section, other than an
ex parte
order, that grants a protection order, or that refuses to
grant
a protection order, is a final, appealable order.
The
remedies and procedures provided in this section are in
addition
to, and not in lieu of, any other available civil or
criminal
remedies.
(H) The filing of proceedings under this section does not
excuse a person from filing any report or giving any notice
required by section 2151.421 of the Revised Code or by any
other
law.
(I) Any law enforcement agency that investigates an alleged
violation of section 2903.211 of the Revised Code or an alleged
commission of a sexually oriented offense shall
provide
information to the victim and the family or household members of
the
victim regarding the relief available under this section and
section 2903.213
of the Revised Code.
(J) Notwithstanding any provision of law to the contrary
and
regardless of whether a protection order is issued or a consent
agreement is approved by a court of
another county or by a court
of another state,
no court
or unit of state or local government
shall
charge
any fee, cost, deposit, or money in connection
with
the filing of a petition
pursuant
to this section, in
connection
with the filing, issuance,
registration, or service of
a
protection order or consent agreement, or for obtaining a
certified copy of a protection order or consent agreement.
(K)(1) A person who violates a protection order issued
under
this section is subject to the following sanctions:
(a) Criminal prosecution for a violation of section
2919.27
of the Revised Code, if the violation of the protection
order
constitutes a violation of that section;
(b) Punishment for contempt of court.
(2) The punishment of a person for contempt of court for
violation of a protection order issued under this section does not
bar
criminal prosecution of
the person for a violation of section
2919.27 of the Revised
Code. However, a person punished for
contempt of court is
entitled to credit for the punishment imposed
upon conviction of
a violation of that section, and a person
convicted of a
violation of that section shall not subsequently be
punished for
contempt of court arising out of the same activity.
(L) In all stages of a proceeding under this section, a
petitioner may be
accompanied by a victim advocate.
(M)(1) A petitioner who obtains a protection order under
this
section or a protection order
under section 2903.213 of the
Revised Code may
provide notice of the issuance or approval of the
order to the judicial and
law enforcement officials in any county
other
than the county in which the order is issued by registering
that order in the
other county pursuant to division
(M)(2) of this
section and filing a copy of the registered order with
a law
enforcement agency in the other county in accordance with that
division.
A person who obtains a protection order issued by a
court
of another state may provide notice of the issuance of the
order
to the judicial and law enforcement officials in any county
of
this state by registering the order in that county pursuant to
section 2919.272 of the Revised Code and filing a copy of
the
registered order with a law enforcement agency in that
county.
(2) A petitioner may register a protection order
issued
pursuant to this section or section
2903.213 of the Revised Code
in a county other
than the county in which
the court that issued
the order is located in the following manner:
(a) The petitioner shall obtain a certified copy of the
order
from the clerk of the court that issued the order and
present that
certified
copy to the clerk of the court of common
pleas or the
clerk of a municipal
court or county court in the
county in which
the order is to be registered.
(b) Upon accepting the certified copy of the order for
registration, the clerk of the court of common pleas, municipal
court, or
county court shall
place an endorsement of registration
on the order and give the
petitioner a copy of the order that
bears that proof of registration.
(3) The clerk of each court of common pleas,
municipal
court,
or county court shall maintain a registry of certified
copies of
protection
orders that have been issued
by courts in
other
counties pursuant to
this section or section 2903.213 of the
Revised Code
and that have been registered with the
clerk.
(N) If the court orders electronic monitoring of the
respondent under this section, the court shall direct the
sheriff's office or any other appropriate law enforcement agency
to install the electronic monitoring device and to monitor the
respondent. Unless the court determines that the respondent is
indigent, the court shall order the respondent to pay the cost of
the
installation and monitoring of the electronic monitoring
device. If the court determines that the respondent is indigent,
the cost of the installation and monitoring of the electronic
monitoring device shall be paid out of funds from the reparations
fund created pursuant to section 2743.191 of the Revised Code.
Sec. 2919.26. (A)(1) Upon the filing of a complaint that
alleges a violation of section 2909.06, 2909.07, 2911.12, or
2911.211 of the Revised Code if the alleged victim of the
violation was a family
or household member at the time of the
violation, a violation of a
municipal ordinance that is
substantially
similar to any of those sections if the alleged
victim of the violation was a
family or household member
at the
time of the violation, any offense of violence if the alleged
victim of the offense was a family or household member at the time
of the commission of the offense, or any sexually oriented offense
if the alleged victim of the offense was a family or household
member at the time of the commission of the offense, the
complainant, the alleged victim,
or a family or household member
of
an alleged victim
may file, or,
if in an emergency the alleged
victim
is unable to
file, a person
who made an arrest for the
alleged violation or offense under
section 2935.03
of the Revised
Code may file on behalf of the
alleged victim, a
motion that
requests the issuance
of a temporary
protection order
as a
pretrial condition of release of the
alleged offender, in
addition
to any bail set under Criminal Rule
46. The motion shall
be filed
with the clerk of the court that
has jurisdiction of the
case at
any time after the filing of the
complaint.
(2) For purposes of section 2930.09 of the Revised Code, all
stages of a
proceeding arising out of a complaint alleging the
commission of a violation, offense of violence, or sexually
oriented offense described in
division (A)(1) of this
section,
including all proceedings on a
motion for a temporary protection
order, are critical stages of
the case, and a victim
may be
accompanied
by a victim advocate or
another person to provide
support to the victim as
provided in
that section.
(B) The motion shall be prepared on a form that is
provided
by the clerk of the court, which form shall be
substantially as
follows:
"MOTION FOR TEMPORARY PROTECTION ORDER
.......................... Court
Name and address of court
..........................................
(name of person),
moves the court to issue a temporary protection
order containing
terms designed to ensure the safety and
protection of the
complainant, alleged victim, and other family or
household members, and any companion animal that is in the
complainant's or alleged victim's residence, in relation to
the
named defendant, pursuant to
its authority to issue such an
order
under section 2919.26 of the
Revised Code.
A complaint, a copy of which has been attached to this
motion, has been filed in this court charging the named defendant
with .......................... (name of the specified violation,
the offense of violence, or sexually oriented offense charged) in
circumstances in which the victim was a family
or household member
in violation of (section
of the Revised Code designating the
specified violation, offense of violence, or sexually oriented
offense charged), or charging the named defendant with
a
violation
of a municipal ordinance that is substantially similar
to
........................ (section
of the Revised Code designating
the specified violation, offense of violence, or sexually oriented
offense charged) involving a family or
household member.
I understand that I must appear before the court, at a time
set by the court within twenty-four hours after the filing of
this
motion, for a hearing on the motion or that, if I am unable to
appear
because of hospitalization or a medical condition resulting
from the offense
alleged in the complaint, a person who can
provide information about my need
for a temporary protection order
must appear before the court in lieu of my
appearing in court. I
understand that any temporary
protection order granted pursuant to
this motion is a pretrial
condition of release and is effective
only until the disposition
of the criminal proceeding arising out
of the attached complaint,
or the issuance of a civil protection
order or the approval of a
consent agreement, arising out of the
same activities as those
that were the basis of the complaint,
under section 3113.31 of
the Revised Code.
..........................................
(or signature of the arresting officer who filed the motion on
behalf of the alleged victim)
..........................................
Address of person (or office address of the
arresting
officer who
filed the motion on behalf of the alleged
victim)"
(C)(1) As soon as possible after the filing of a motion that
requests the issuance of a temporary protection order, but not
later than twenty-four hours after the filing of the motion, the
court shall conduct a hearing to determine whether to issue the
order. The person who requested the order shall appear before
the
court and provide the court with the information that it
requests
concerning the basis of the motion. If the person who requested
the
order is unable to appear and if the court finds that the
failure to appear is
because of the person's hospitalization or
medical condition resulting from
the offense alleged in the
complaint, another person who is able to provide
the court with
the information it requests may appear in lieu of the person
who
requested the order. If the court finds that the safety and
protection of
the complainant, alleged victim, or any other family
or household member of the alleged victim may be impaired by
the
continued presence of the alleged offender, the court may
issue a
temporary protection order, as a pretrial condition of
release,
that contains terms designed to ensure the safety and
protection
of the complainant, alleged victim, or the
family or household
member,
including a requirement that the alleged offender refrain
from
entering the residence, school, business, or place of
employment
of the complainant, alleged victim, or the family or
household member.
The court may include within the scope of a
protection order issued under this section any companion animal
that is in the complainant's or alleged victim's residence.
(2)(a) If the court issues a temporary protection order that
includes a
requirement that the alleged offender refrain from
entering the residence,
school, business, or place of employment
of the complainant, the
alleged victim, or the family or
household
member, the order shall state clearly that the order cannot be
waived or nullified by an invitation to the alleged offender from
the
complainant, alleged victim, or family or household
member to
enter the residence, school,
business, or place of employment or
by the alleged offender's entry into one
of those places otherwise
upon the consent of the complainant,
alleged victim, or family or
household member.
(b) Division (C)(2)(a) of this section does not limit any
discretion of a
court to determine that an alleged offender
charged with a violation of
section 2919.27 of the Revised Code,
with a violation of a municipal ordinance
substantially equivalent
to that section, or with contempt of court, which
charge is based
on an alleged violation of a temporary protection order issued
under this section, did not commit the violation or was not in
contempt of
court.
(D)(1) Upon the filing of a complaint that alleges
a
violation
of section 2909.06, 2909.07, 2911.12, or
2911.211 of
the
Revised Code if the alleged victim of the violation was a
family
or household
member at the time of the violation, a violation of a
municipal ordinance
that is substantially similar
to any of those
sections if the alleged victim of the violation was a family or
household member at
the time
of the violation, any offense of
violence if the alleged victim of the offense was a family or
household member at the time of the commission of the offense, or
any sexually oriented offense if the alleged victim of the offense
was a family or household member at the time of the commission of
the offense, the court, upon its own
motion, may issue a
temporary
protection order as a pretrial
condition of release if
it finds
that the safety and protection
of the complainant,
alleged victim,
or other family or
household member of the
alleged
offender may be
impaired by the continued presence of the
alleged
offender.
The
court may include within the scope of a protection order issued
under this section any companion animal that is in the
complainant's or alleged victim's residence.
(2) If the court issues a temporary protection order under
this section as an ex parte order, it shall conduct, as soon as
possible after the issuance of the order, a hearing in the
presence of the
alleged offender not later than the next day on
which the court is scheduled
to conduct business after the day on
which the alleged offender was arrested
or at the time of the
appearance of the alleged offender pursuant to summons
to
determine whether the order should remain in effect, be modified,
or be
revoked. The hearing shall be conducted under the standards
set
forth in division (C) of this section.
(3) An order issued under this section shall contain
only
those terms authorized in orders issued under division (C) of
this
section.
(4) If a municipal court or a county
court issues a
temporary
protection order under this section and
if, subsequent
to the
issuance of the order, the alleged
offender who is the
subject of
the order is bound over to the
court of common pleas
for
prosecution of a felony arising out of
the same activities as
those that were the basis of the
complaint upon which the order is
based, notwithstanding the
fact that the order was issued by a
municipal court or county
court, the order shall remain in effect,
as though it were an order of the
court of common pleas, while the
charges
against the alleged offender are pending in the court of
common
pleas, for the period of time described in division
(E)(2)
of this section, and the court of common pleas has exclusive
jurisdiction to modify the order issued by the municipal court or
county
court.
This
division applies when the alleged offender is
bound over to the
court of common pleas as a result of the person
waiving a
preliminary hearing on the felony charge, as a result of
the
municipal court or county court having determined at a
preliminary hearing that there is probable cause to believe that
the felony has been committed and that the alleged offender
committed it, as a result of the alleged offender having been
indicted for the felony, or in any other manner.
(E) A temporary protection order that is issued as a
pretrial
condition of release under this section:
(1) Is in addition to, but shall not be construed as a
part
of, any bail set under Criminal Rule 46;
(2) Is effective only until the occurrence of either of the
following:
(a) The disposition, by the court that issued the
order or,
in the circumstances described in division
(D)(4) of this section,
by the
court of common pleas to which the alleged offender is
bound
over for prosecution, of the
criminal proceeding arising out
of the complaint upon which the
order is based;
(b) The issuance of a protection order or the approval of a
consent agreement, arising out of the same activities as those
that were the basis of the complaint upon which the order is
based,
under section 3113.31 of
the Revised Code;
(3) Shall not be construed as a finding that the alleged
offender committed the alleged offense, and shall not be
introduced as evidence of the commission of the offense at the
trial of the alleged offender on the complaint upon which the
order is based.
(F) A person who meets the criteria for bail under
Criminal
Rule 46 and who, if required to do so pursuant to that
rule,
executes or posts bond or deposits cash or securities as
bail,
shall not be held in custody pending a hearing before the
court on
a motion requesting a temporary protection order.
(G)(1) A copy of any temporary protection order that is
issued under this section shall be issued by the court to the
complainant, to the alleged victim, to the person who requested
the
order, to the defendant, and to all law enforcement
agencies
that have jurisdiction to enforce the order. The court
shall
direct that a copy of the order be delivered to the
defendant on
the same day that the order is entered. If a municipal court
or a
county court issues a temporary
protection order under this
section and if, subsequent to the
issuance of the order, the
defendant who is the subject of the
order is bound over to the
court of common pleas for prosecution
as described in division
(D)(4)
of this section, the municipal court or county court shall
direct that a copy of the order be delivered to the court of
common pleas to which the defendant is bound over.
(2) 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
If you are convicted of a misdemeanor crime involving
violence in which you are or were a spouse, intimate partner,
parent, or guardian of the victim or are or were involved in
another, similar relationship with the victim, 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)(9). 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 temporary protection orders delivered
to
the
agencies pursuant to division (G)(1) of this section.
With
respect to each order delivered, each agency shall note on
the
index, the date and time of the receipt of the order by the
agency.
(4) A complainant, alleged victim, or other person who
obtains
a temporary protection
order under this section may
provide notice of the issuance of
the temporary protection order
to the judicial and law
enforcement officials in any county other
than the county in
which the order is issued by registering that
order in the other
county in accordance with division (N) of
section 3113.31
of the Revised Code and filing a copy of the
registered protection order with a law enforcement agency in the
other county in accordance with that division.
(5) Any officer of a law enforcement agency shall enforce
a
temporary protection order issued by any court in this state in
accordance
with the provisions of
the order, including removing
the defendant from the premises, regardless of
whether the order
is registered in the county in which the officer's agency
has
jurisdiction as authorized by division (G)(4) of this section.
(H) Upon a violation of a temporary protection order, the
court may issue another temporary protection order, as a pretrial
condition of release, that modifies the terms of the order that
was violated.
(I)(1) As used in divisions (I)(1) and
(2) of this section,
"defendant" means a person who is
alleged in a complaint to have
committed a violation, offense of violence, or sexually oriented
offense of the type described in division (A) of
this section.
(2) If a complaint is filed that alleges that a person
committed a violation, offense of violence, or sexually oriented
offense of the type described in division
(A) of
this section, the
court may not issue a temporary
protection order
under this
section that requires the complainant,
the alleged
victim,
or
another family or household member of the defendant to
do or
refrain from doing an act that the court may require the
defendant
to do or refrain from doing under a temporary
protection
order
unless both of the following apply:
(a) The defendant has filed a separate
complaint that
alleges
that the complainant, alleged
victim, or other family or
household
member in question who would be required under the
order
to do or
refrain from doing the act committed a violation or offense of
violence
of the
type described in division (A) of this section.
(b) The court determines that both the
complainant, alleged
victim, or other family or household
member
in question who
would
be required under the order to do or refrain from doing the
act
and the defendant acted primarily as aggressors, that neither
the
complainant, alleged victim, or other family or
household member
in question
who would be required under the order to do or refrain
from doing
the act nor the defendant acted primarily in
self-defense, and,
in accordance with the standards and criteria
of this section as
applied in relation to the separate complaint
filed by the
defendant, that it should issue the order to require
the
complainant, alleged victim, or other family or household
member in question to do
or refrain from doing the act.
(J) Notwithstanding any provision of law to the
contrary
and
regardless of whether a protection order is issued or a consent
agreement is approved by a court of
another county or a court of
another state, no
court
or unit of state or local government shall
charge
any fee, cost, deposit, or money in connection with
the
filing of a motion
pursuant to
this section, in connection
with
the filing, issuance,
registration, or service of a
protection
order or consent agreement, or for obtaining a
certified copy of a
protection order or consent agreement.
(K) As used in this section:
(1) "Companion animal" has the same meaning as in section
959.131 of the Revised Code.
(2) "Sexually oriented offense" has the same meaning as in
section 2950.01 of the Revised Code.
(2)(3) "Victim
advocate" means a
person who provides support
and
assistance
for a victim of an
offense during court
proceedings.
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.
(3) "Family or household member" means any of the
following:
(a) Any of the following who is residing with or has resided
with the
respondent:
(i) A spouse, a person living as a spouse, or a former
spouse
of the respondent;
(ii) A parent or a child of the respondent, or another
person
related by consanguinity or affinity to the respondent;
(iii) A parent or a child of a spouse, person living as a
spouse, or former spouse of the respondent, or another person
related by consanguinity or affinity to a spouse, person living
as
a spouse, or former spouse of the respondent.
(b) The natural parent of any child of whom the respondent
is
the other
natural parent or is the putative other natural
parent.
(4) "Person living as a spouse" means a person who is
living
or has lived with the respondent in a common law marital
relationship, who otherwise is cohabiting with the respondent,
or
who otherwise has cohabited with the respondent within
five years
prior to the date of the alleged occurrence of the act in
question.
(5) "Victim advocate" means a person who provides support
and
assistance for
a person who files a petition under this
section.
(6) "Sexually oriented offense" has the same meaning as in
section 2950.01 of the Revised Code.
(7) "Companion animal" has the same meaning as in section
959.131 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 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 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 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) The court shall include in a protection order issued or
consent agreement approved under this section any companion animal
that is in the petitioner's residence.
(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 for a violation of section
2919.27
of the Revised Code, if the violation of the protection
order or
consent agreement constitutes a violation of that
section;
(b) Punishment for contempt of court.
(2) The punishment of a person for contempt of court for
violation of a protection order issued or a consent agreement
approved under this section does not bar criminal prosecution of
the person for a violation of section 2919.27 of the Revised
Code.
However, a person punished for contempt of court is
entitled to
credit for the punishment imposed upon conviction of
a violation
of that section, and a person convicted of a
violation of that
section shall not subsequently be punished for
contempt of court
arising out of the same activity.
(M) In all stages of a proceeding under this section, a
petitioner may be
accompanied by a victim advocate.
(N)(1) A petitioner who obtains a protection order or
consent
agreement under
this section or a temporary protection
order under
section 2919.26 of the
Revised Code may provide notice
of the
issuance or approval of the order or
agreement to the
judicial and
law enforcement officials in any county other
than
the county in
which the order is issued or the agreement is
approved by
registering that order or agreement in the other
county pursuant
to division
(N)(2) of this section and filing a
copy of the
registered order or registered
agreement with a law
enforcement
agency in the other county in accordance with
that
division. A
person who obtains a protection order issued by a
court
of another
state may provide notice of the issuance of the
order to the
judicial and law enforcement officials in any county
of this state
by
registering the order in that county pursuant to
section
2919.272 of the
Revised Code and filing a copy of the
registered
order with a law enforcement
agency in that county.
(2) A petitioner may register a temporary protection order,
protection order,
or consent agreement in a county other than the
county in which
the court that issued the order or approved the
agreement is
located in the following manner:
(a) The petitioner shall obtain a certified copy of the
order
or agreement
from the clerk of the court that issued the
order or
approved the agreement
and present that certified copy to
the
clerk of the court of common pleas or
the clerk of a municipal
court or county court in the county in which the
order or
agreement
is to be registered.
(b) Upon accepting the certified copy of the order or
agreement for
registration, the clerk of the court of common
pleas, municipal court, or
county court shall place an endorsement
of registration on the order or
agreement and give the
petitioner
a copy of the order or agreement that bears that proof of
registration.
(3) The clerk of each court of common pleas, the clerk of
each municipal
court, and the clerk of each county court shall
maintain a registry of
certified copies of temporary protection
orders, protection orders, or consent agreements that have been
issued or
approved by courts in other counties and that have been
registered with the
clerk.
Sec. 4731.284. The state medical board shall approve
one or
more continuing medical education courses of study included
within the programs certified by the Ohio state medical
association and the Ohio osteopathic association pursuant to
section 4731.281 of the Revised Code with regard to the counseling
of individuals who abuse animals.
Sec. 4732.141. (A)(1) On
or before
the
thirty-first day of
August of each
even-numbered year
beginning in 1998 and until the
requirement
set forth
in division (A)(2) of this section applies,
each person
licensed
under this
chapter by the
state board of
psychology shall have
completed, in the preceding
two-year period,
not less than twenty
hours of continuing education in
psychology
or the number of
hours
determined under division
(D) of this
section.
(2)
On or before the thirty-first day of August of each
even-numbered year after the biennium in which this amendment
takes effect,
each person licensed under this chapter by the state
board of psychology shall
have completed, in the preceding
two-year period, not less than twenty-three
hours of continuing
education in psychology, including not less
than three hours of
continuing education in professional conduct and ethics,
or
the
number of hours determined under division (D) of this section.
(3) Each person
subject to division (A)(1)
or (2) of this
section shall certify to the board, at the time of
biennial
registration pursuant to section 4732.14 of the Revised
Code and
on the registration form prescribed by the board
under that
section, that in the preceding two years the person has
completed
continuing psychology education in compliance with this section.
The board shall adopt rules establishing the procedure for a
person to certify
to the board and for properly recording with the
Ohio psychological
association or the state board of education
completion of the continuing
education.
(B) Continuing psychology education may
be applied to meet
the requirement of division
(A) of this section if both of the
following requirements are met:
(1) It is obtained through
a program or course approved by
the state board of psychology, the
Ohio psychological association,
the Ohio association of black
psychologists, or the American
psychological association or, in
the case of a licensed school
psychologist or
a licensed psychologist with a school psychology
specialty, by the state
board
of education, the Ohio school
psychologists association, or the
national association of school
psychologists;
(2) Completion of the program or course is
recorded with the
Ohio psychological association or the state
board of education in
accordance with rules adopted by the state board of
psychology in
accordance with division (A) of this section.
The state board of psychology may disapprove any program or
course that has
been approved by the Ohio psychological
association,
Ohio association of black
psychologists, American
psychological association, state board of
education,
Ohio school
psychologists association, or national association of
school
psychologists. Such program or course may not be applied to meet
the
requirement of division
(A) of this section.
(C) Each person licensed under this
chapter shall be given a
sufficient choice of continuing
education programs or
courses in
psychology,
including programs or courses on professional
conduct
and ethics when required under division (A)(2) of this
section, to
ensure that the person has had a reasonable
opportunity to
participate in programs or courses that are relevant to the
person's
practice in terms
of subject matter and level.
(D) The board shall adopt rules
providing for reductions of
the hours of continuing psychology education
required by this
section for persons in their first registration period.
(E) Each person licensed under this
chapter shall retain in
the person's records for at least three years the
receipts,
vouchers, or certificates necessary to document
completion of
continuing psychology education. Proof of continuing psychology
education recorded with the Ohio psychological association or the
state board of education in accordance with the procedures
established
pursuant to division (A) of this section shall serve
as sufficient
documentation of completion. With cause, the board
may request the
documentation from the person. The board also may
request
the documentation
from persons licensed under this chapter
selected at random, without cause.
The board may review any
continuing psychology education records recorded by
the Ohio
psychological association or the state board of education.
(F) The board may excuse persons
licensed under this
chapter,
as a group or as individuals, from
all or any part of the
requirements of this section because of an unusual
circumstance,
emergency, or special hardship.
(G) The state board of psychology shall approve one or more
continuing
education courses of study that assist psychologists
and school psychologists
in recognizing the signs of domestic
violence and its relationship to child
abuse. Psychologists and
school psychologists are not required to take the
courses.
(H) The state board of psychology shall approve one
or more
continuing education courses of study with regard to the
counseling of individuals who abuse animals.
Sec. 4757.33. (A) Except as provided in division (B) of
this
section, each person who holds a license or certificate of
registration
issued under this chapter shall complete during the
period that the license or
certificate is in effect not less than
thirty clock hours of continuing
professional education as a
condition of receiving a renewed license or
certificate. To have
a
lapsed license or certificate of registration
restored, a person
shall complete the number of hours of continuing education
specified by the counselor, social worker,
and
marriage and
family
therapist board in rules it shall adopt in
accordance with
Chapter
119. of the Revised Code.
The professional standards committees of the counselor,
social worker,
and marriage and family therapist
board shall adopt
rules in
accordance with Chapter 119. of the Revised
Code
establishing standards and
procedures to be followed by the
committees in conducting the
continuing education approval
process.
(B) The board may waive the continuing education
requirements
established under this section for persons who are
unable to
fulfill them
because of military service, illness,
residence
abroad, or any other reason
the committee considers
acceptable.
In the case of a social worker licensed by virtue of
receiving, prior to
October 10, 1992, a baccalaureate degree in a
program closely related
to social work, as a condition of the
first renewal of the license, the social
worker must shall
complete at
an accredited educational institution a minimum of
five semester
hours of social work graduate or undergraduate
credit, or their
equivalent, that is acceptable to the committee
and includes a
course in
social work theory and a course in social
work methods.
(C) The professional standards committees of the counselor,
social worker, and marriage and family therapist board shall
approve one or more continuing education courses of study with
regard to the counseling of individuals who abuse animals.
Section 2. That existing sections 959.99, 2152.19, 2903.213,
2903.214, 2919.26,
3113.31, 4732.141, and 4757.33 of the
Revised
Code are hereby
repealed.
|