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H. B. No. 105 As IntroducedAs Introduced
129th General Assembly | Regular Session | 2011-2012 |
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Cosponsors:
Representatives Driehaus, Garland, Weddington, Hagan, Pillich, Yuko, Phillips, Clyde
A BILL
To amend section 3113.31 and to enact sections 9.131,
4113.80, 4113.81, 5321.171, 5321.172, 5321.173,
5321.174, and 5321.175 of the Revised Code to
allow an employee who is a victim of domestic
violence to take unpaid leave for purposes
relating to the incident of domestic violence, to
allow an employee who is a victim of domestic
violence to file a civil action against that
employee's employer if the employer terminates the
employee as a result of the employee taking unpaid
leave for purposes relating to the incident of
domestic violence, to allow a tenant who is a
victim of domestic violence to terminate a rental
agreement or have the tenant's name removed from
the rental agreement under certain circumstances,
to require a landlord of a tenant who is a victim
of domestic violence or menacing by stalking to
change the lock to the dwelling unit where the
tenant resides under certain circumstances, to
require a metropolitan housing authority to
transfer a tenant who is a victim of domestic
violence or menacing by stalking if the tenant
requests such a transfer and provides the
metropolitan housing authority with certain
specified information, and to prohibit a county,
municipal corporation, township, or law
enforcement agency of such a political subdivision
from charging any victim of domestic violence a
fee for assisting the victim.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 3113.31 be amended and sections
9.131, 4113.80, 4113.81, 5321.171, 5321.172, 5321.173, 5321.174,
and 5321.175 of the Revised Code be enacted to read as follows:
Sec. 9.131. No county, municipal corporation, or township,
nor any law enforcement agency of a county, municipal corporation,
or township, may charge any victim of domestic violence or any
property owner where a victim of domestic violence resides for any
assistance that law enforcement officers provide to a victim of
domestic violence.
As used in this section, "domestic violence" has the same
meaning as in section 4113.80 of the Revised Code.
Sec. 3113.31. (A) As used in this section:
(1) "Domestic violence" means the occurrence of one or more
of the following acts against a family or household member:
(a) Attempting to cause or recklessly causing bodily injury;
(b) Placing another person by the threat of force in fear of
imminent serious physical harm or committing a violation of
section 2903.211 or 2911.211 of the Revised Code;
(c) Committing any act with respect to a child that would
result in the child being an abused child, as defined in section
2151.031 of the Revised Code;
(d) Committing a sexually oriented offense.
(2) "Court" means the domestic relations division of the
court of common pleas in counties that have a domestic relations
division and the court of common pleas in counties that do not
have a domestic relations division, or the juvenile division of
the court of common pleas of the county in which the person to be
protected by a protection order issued or a consent agreement
approved under this section resides if the respondent is less than
eighteen years of age.
(3) "Family or household member" means any of the following:
(a) Any of the following who is residing with or has resided
with the respondent:
(i) A spouse, a person living as a spouse, or a former spouse
of the respondent;
(ii) A parent, a foster parent, or a child of the respondent,
or another person related by consanguinity or affinity to the
respondent;
(iii) A parent or a child of a spouse, person living as a
spouse, or former spouse of the respondent, or another person
related by consanguinity or affinity to a spouse, person living as
a spouse, or former spouse of the respondent.
(b) The natural parent of any child of whom the respondent is
the other natural parent or is the putative other natural parent.
(4) "Person living as a spouse" means a person who is living
or has lived with the respondent in a common law marital
relationship, who otherwise is cohabiting with the respondent, or
who otherwise has cohabited with the respondent within five years
prior to the date of the alleged occurrence of the act in
question.
(5) "Victim advocate" means a person who provides support and
assistance for a person who files a petition under this section.
(6) "Sexually oriented offense" has the same meaning as in
section 2950.01 of the Revised Code.
(B) The court has jurisdiction over all proceedings under
this section. The petitioner's right to relief under this section
is not affected by the petitioner's leaving the residence or
household to avoid further domestic violence.
(C) A person may seek relief under this section on the
person's own behalf, or any parent or adult household member may
seek relief under this section on behalf of any other family or
household member, by filing a petition with the court. The
petition shall contain or state:
(1) An allegation that the respondent engaged in domestic
violence against a family or household member of the respondent,
including a description of the nature and extent of the domestic
violence;
(2) The relationship of the respondent to the petitioner, and
to the victim if other than the petitioner;
(3) A request for relief under this section.
(D)(1) If a person who files a petition pursuant to this
section requests an ex parte order, the court shall hold an ex
parte hearing on the same day that the petition is filed. The
court, for good cause shown at the ex parte hearing, may enter any
temporary orders, with or without bond, including, but not limited
to, an order described in division (E)(1)(a), (b), or (c) of this
section, that the court finds necessary to protect the family or
household member from domestic violence. Immediate and present
danger of domestic violence to the family or household member
constitutes good cause for purposes of this section. Immediate and
present danger includes, but is not limited to, situations in
which the respondent has threatened the family or household member
with bodily harm, in which the respondent has threatened the
family or household member with a sexually oriented offense, or in
which the respondent previously has been convicted of, pleaded
guilty to, or been adjudicated a delinquent child for an offense
that constitutes domestic violence against the family or household
member.
(2)(a) If the court, after an ex parte hearing, issues an
order described in division (E)(1)(b) or (c) of this section, the
court shall schedule a full hearing for a date that is within
seven court days after the ex parte hearing. If any other type of
protection order that is authorized under division (E) of this
section is issued by the court after an ex parte hearing, the
court shall schedule a full hearing for a date that is within ten
court days after the ex parte hearing. The court shall give the
respondent notice of, and an opportunity to be heard at, the full
hearing. The court shall hold the full hearing on the date
scheduled under this division unless the court grants a
continuance of the hearing in accordance with this division. Under
any of the following circumstances or for any of the following
reasons, the court may grant a continuance of the full hearing to
a reasonable time determined by the court:
(i) Prior to the date scheduled for the full hearing under
this division, the respondent has not been served with the
petition filed pursuant to this section and notice of the full
hearing.
(ii) The parties consent to the continuance.
(iii) The continuance is needed to allow a party to obtain
counsel.
(iv) The continuance is needed for other good cause.
(b) An ex parte order issued under this section does not
expire because of a failure to serve notice of the full hearing
upon the respondent before the date set for the full hearing under
division (D)(2)(a) of this section or because the court grants a
continuance under that division.
(3) If a person who files a petition pursuant to this section
does not request an ex parte order, or if a person requests an ex
parte order but the court does not issue an ex parte order after
an ex parte hearing, the court shall proceed as in a normal civil
action and grant a full hearing on the matter.
(E)(1) After an ex parte or full hearing, the court may grant
any protection order, with or without bond, or approve any consent
agreement to bring about a cessation of domestic violence against
the family or household members. The order or agreement may:
(a) Direct the respondent to refrain from abusing or from
committing sexually oriented offenses against the family or
household members;
(b) Grant possession of the residence or household to the
petitioner or other family or household member, to the exclusion
of the respondent, by evicting the respondent, when the residence
or household is owned or leased solely by the petitioner or other
family or household member, or by ordering the respondent to
vacate the premises, when the residence or household is jointly
owned or leased by the respondent, and the petitioner or other
family or household member;
(c) When the respondent has a duty to support the petitioner
or other family or household member living in the residence or
household and the respondent is the sole owner or lessee of the
residence or household, grant possession of the residence or
household to the petitioner or other family or household member,
to the exclusion of the respondent, by ordering the respondent to
vacate the premises, or, in the case of a consent agreement, allow
the respondent to provide suitable, alternative housing;
(d) Temporarily allocate parental rights and responsibilities
for the care of, or establish temporary parenting time rights with
regard to, minor children, if no other court has determined, or is
determining, the allocation of parental rights and
responsibilities for the minor children or parenting time rights;
(e) Require the respondent to maintain support, if the
respondent customarily provides for or contributes to the support
of the family or household member, or if the respondent has a duty
to support the petitioner or family or household member;
(f) Require the respondent, petitioner, victim of domestic
violence, or any combination of those persons, to seek counseling;
(g) Require the respondent to refrain from entering the
residence, school, business, or place of employment of the
petitioner or family or household member;
(h) Grant other relief that the court considers equitable and
fair, including, but not limited to, ordering the respondent to
permit the use of a motor vehicle by the petitioner or other
family or household member and the apportionment of household and
family personal property.
(2) If a protection order has been issued pursuant to this
section in a prior action involving the respondent and the
petitioner or one or more of the family or household members or
victims, the court may include in a protection order that it
issues a prohibition against the respondent returning to the
residence or household. If it includes a prohibition against the
respondent returning to the residence or household in the order,
it also shall include in the order provisions of the type
described in division (E)(7) of this section. This division does
not preclude the court from including in a protection order or
consent agreement, in circumstances other than those described in
this division, a requirement that the respondent be evicted from
or vacate the residence or household or refrain from entering the
residence, school, business, or place of employment of the
petitioner or a family or household member, and, if the court
includes any requirement of that type in an order or agreement,
the court also shall include in the order provisions of the type
described in division (E)(7) of this section.
(3)(a) Any protection order issued or consent agreement
approved under this section shall be valid until a date certain,
but not later than five years from the date of its issuance or
approval, or not later than the date a respondent who is less than
eighteen years of age attains nineteen years of age, unless
modified or terminated as provided in division (E)(8) of this
section.
(b) Subject to the limitation on the duration of an order or
agreement set forth in division (E)(3)(a) of this section, any
order under division (E)(1)(d) of this section shall terminate on
the date that a court in an action for divorce, dissolution of
marriage, or legal separation brought by the petitioner or
respondent issues an order allocating parental rights and
responsibilities for the care of children or on the date that a
juvenile court in an action brought by the petitioner or
respondent issues an order awarding legal custody of minor
children. Subject to the limitation on the duration of an order or
agreement set forth in division (E)(3)(a) of this section, any
order under division (E)(1)(e) of this section shall terminate on
the date that a court in an action for divorce, dissolution of
marriage, or legal separation brought by the petitioner or
respondent issues a support order or on the date that a juvenile
court in an action brought by the petitioner or respondent issues
a support order.
(c) Any protection order issued or consent agreement approved
pursuant to this section may be renewed in the same manner as the
original order or agreement was issued or approved.
(4) A court may not issue a protection order that requires a
petitioner to do or to refrain from doing an act that the court
may require a respondent to do or to refrain from doing under
division (E)(1)(a), (b), (c), (d), (e), (g), or (h) of this
section unless all of the following apply:
(a) The respondent files a separate petition for a protection
order in accordance with this section.
(b) The petitioner is served notice of the respondent's
petition at least forty-eight hours before the court holds a
hearing with respect to the respondent's petition, or the
petitioner waives the right to receive this notice.
(c) If the petitioner has requested an ex parte order
pursuant to division (D) of this section, the court does not delay
any hearing required by that division beyond the time specified in
that division in order to consolidate the hearing with a hearing
on the petition filed by the respondent.
(d) After a full hearing at which the respondent presents
evidence in support of the request for a protection order and the
petitioner is afforded an opportunity to defend against that
evidence, the court determines that the petitioner has committed
an act of domestic violence or has violated a temporary protection
order issued pursuant to section 2919.26 of the Revised Code, that
both the petitioner and the respondent acted primarily as
aggressors, and that neither the petitioner nor the respondent
acted primarily in self-defense.
(5) No protection order issued or consent agreement approved
under this section shall in any manner affect title to any real
property.
(6)(a) If a petitioner, or the child of a petitioner, who
obtains a protection order or consent agreement pursuant to
division (E)(1) of this section or a temporary protection order
pursuant to section 2919.26 of the Revised Code and is the subject
of a parenting time order issued pursuant to section 3109.051 or
3109.12 of the Revised Code or a visitation or companionship order
issued pursuant to section 3109.051, 3109.11, or 3109.12 of the
Revised Code or division (E)(1)(d) of this section granting
parenting time rights to the respondent, the court may require the
public children services agency of the county in which the court
is located to provide supervision of the respondent's exercise of
parenting time or visitation or companionship rights with respect
to the child for a period not to exceed nine months, if the court
makes the following findings of fact:
(i) The child is in danger from the respondent;
(ii) No other person or agency is available to provide the
supervision.
(b) A court that requires an agency to provide supervision
pursuant to division (E)(6)(a) of this section shall order the
respondent to reimburse the agency for the cost of providing the
supervision, if it determines that the respondent has sufficient
income or resources to pay that cost.
(7)(a) If a protection order issued or consent agreement
approved under this section includes a requirement that the
respondent be evicted from or vacate the residence or household or
refrain from entering the residence, school, business, or place of
employment of the petitioner or a family or household member, the
order or agreement shall state clearly that the order or agreement
cannot be waived or nullified by an invitation to the respondent
from the petitioner or other family or household member to enter
the residence, school, business, or place of employment or by the
respondent's entry into one of those places otherwise upon the
consent of the petitioner or other family or household member. The
petitioner shall submit a copy of any order the court issues under
this section to the landlord or owner of the property where the
resident resides.
(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, pleaded
guilty to, or been adjudicated a delinquent child for an offense
of violence since the issuance of the protection order or approval
of the consent agreement;
(viii) Whether any other protection orders, consent
agreements, restraining orders, or no contact orders have been
issued against the respondent pursuant to this section, section
2919.26 of the Revised Code, any other provision of state law, or
the law of any other state;
(ix) Whether the respondent has participated in any domestic
violence treatment, intervention program, or other counseling
addressing domestic violence and whether the respondent has
completed the treatment, program, or counseling;
(x) The time that has elapsed since the protection order was
issued or since the consent agreement was approved;
(xi) The age and health of the respondent;
(xii) When the last incident of abuse, threat of harm, or
commission of a sexually oriented offense occurred or other
relevant information concerning the safety and protection of the
petitioner or other protected parties.
(d) If a protection order or consent agreement is modified or
terminated as provided in division (E)(8) of this section, the
court shall issue copies of the modified or terminated order or
agreement as provided in division (F) of this section. A
petitioner may also provide notice of the modification or
termination to the judicial and law enforcement officials in any
county other than the county in which the order or agreement is
modified or terminated as provided in division (N) of this
section.
(e) If the respondent moves for modification or termination
of a protection order or consent agreement pursuant to this
section, the court may assess costs against the respondent for the
filing of the motion.
(9) Any protection order issued or any consent agreement
approved pursuant to this section shall include a provision that
the court will automatically seal all of the records of the
proceeding in which the order is issued or agreement approved on
the date the respondent attains the age of nineteen years unless
the petitioner provides the court with evidence that the
respondent has not complied with all of the terms of the
protection order or consent agreement. The protection order or
consent agreement shall specify the date when the respondent
attains the age of nineteen years.
(F)(1) A copy of any protection order, or consent agreement,
that is issued, approved, modified, or terminated under this
section shall be issued by the court to the petitioner, to the
respondent, and to all law enforcement agencies that have
jurisdiction to enforce the order or agreement. The court shall
direct that a copy of an order be delivered to the respondent on
the same day that the order is entered.
(2) Upon the issuance of a protection order or the approval
of a consent agreement under this section, the court shall provide
the parties to the order or agreement with the following notice
orally or by form:
"NOTICE
As a result of this order or consent agreement, it may be
unlawful for you to possess or purchase a firearm, including a
rifle, pistol, or revolver, or ammunition pursuant to federal law
under 18 U.S.C. 922(g)(8). If you have any questions whether this
law makes it illegal for you to possess or purchase a firearm or
ammunition, you should consult an attorney."
(3) All law enforcement agencies shall establish and maintain
an index for the protection orders and the approved consent
agreements delivered to the agencies pursuant to division (F)(1)
of this section. With respect to each order and consent agreement
delivered, each agency shall note on the index the date and time
that it received the order or consent agreement.
(4) Regardless of whether the petitioner has registered the
order or agreement in the county in which the officer's agency has
jurisdiction pursuant to division (N) of this section, any officer
of a law enforcement agency shall enforce a protection order
issued or consent agreement approved by any court in this state in
accordance with the provisions of the order or agreement,
including removing the respondent from the premises, if
appropriate.
(G) Any proceeding under this section shall be conducted in
accordance with the Rules of Civil Procedure, except that an order
under this section may be obtained with or without bond. An order
issued under this section, other than an ex parte order, that
grants a protection order or approves a consent agreement, that
refuses to grant a protection order or approve a consent agreement
that modifies or terminates a protection order or consent
agreement, or that refuses to modify or terminate a protection
order or consent agreement, is a final, appealable order. The
remedies and procedures provided in this section are in addition
to, and not in lieu of, any other available civil or criminal
remedies.
(H) The filing of proceedings under this section does not
excuse a person from filing any report or giving any notice
required by section 2151.421 of the Revised Code or by any other
law. When a petition under this section alleges domestic violence
against minor children, the court shall report the fact, or cause
reports to be made, to a county, township, or municipal peace
officer under section 2151.421 of the Revised Code.
(I) Any law enforcement agency that investigates a domestic
dispute shall provide information to the family or household
members involved regarding the relief available under this section
and section 2919.26 of the Revised Code.
(J) Notwithstanding any provision of law to the contrary and
regardless of whether a protection order is issued or a consent
agreement is approved by a court of another county or a court of
another state, no court or unit of state or local government shall
charge any fee, cost, deposit, or money in connection with the
filing of a petition pursuant to this section or in connection
with the filing, issuance, registration, or service of a
protection order or consent agreement, or for obtaining a
certified copy of a protection order or consent agreement.
(K)(1) The court shall comply with Chapters 3119., 3121.,
3123., and 3125. of the Revised Code when it makes or modifies an
order for child support under this section.
(2) If any person required to pay child support under an
order made under this section on or after April 15, 1985, or
modified under this section on or after December 31, 1986, is
found in contempt of court for failure to make support payments
under the order, the court that makes the finding, in addition to
any other penalty or remedy imposed, shall assess all court costs
arising out of the contempt proceeding against the person and
require the person to pay any reasonable attorney's fees of any
adverse party, as determined by the court, that arose in relation
to the act of contempt.
(L)(1) A person who violates a protection order issued or a
consent agreement approved under this section is subject to the
following sanctions:
(a) Criminal prosecution or a delinquent child proceeding for
a violation of section 2919.27 of the Revised Code, if the
violation of the protection order or consent agreement constitutes
a violation of that section;
(b) Punishment for contempt of court.
(2) The punishment of a person for contempt of court for
violation of a protection order issued or a consent agreement
approved under this section does not bar criminal prosecution of
the person or a delinquent child proceeding concerning the person
for a violation of section 2919.27 of the Revised Code. However, a
person punished for contempt of court is entitled to credit for
the punishment imposed upon conviction of or adjudication as a
delinquent child for a violation of that section, and a person
convicted of or adjudicated a delinquent child for a violation of
that section shall not subsequently be punished for contempt of
court arising out of the same activity.
(M) In all stages of a proceeding under this section, a
petitioner may be accompanied by a victim advocate.
(N)(1) A petitioner who obtains a protection order or consent
agreement under this section or a temporary protection order under
section 2919.26 of the Revised Code may provide notice of the
issuance or approval of the order or agreement to the judicial and
law enforcement officials in any county other than the county in
which the order is issued or the agreement is approved by
registering that order or agreement in the other county pursuant
to division (N)(2) of this section and filing a copy of the
registered order or registered agreement with a law enforcement
agency in the other county in accordance with that division. A
person who obtains a protection order issued by a court of another
state may provide notice of the issuance of the order to the
judicial and law enforcement officials in any county of this state
by registering the order in that county pursuant to section
2919.272 of the Revised Code and filing a copy of the registered
order with a law enforcement agency in that county.
(2) A petitioner may register a temporary protection order,
protection order, or consent agreement in a county other than the
county in which the court that issued the order or approved the
agreement is located in the following manner:
(a) The petitioner shall obtain a certified copy of the order
or agreement from the clerk of the court that issued the order or
approved the agreement and present that certified copy to the
clerk of the court of common pleas or the clerk of a municipal
court or county court in the county in which the order or
agreement is to be registered.
(b) Upon accepting the certified copy of the order or
agreement for registration, the clerk of the court of common
pleas, municipal court, or county court shall place an endorsement
of registration on the order or agreement and give the petitioner
a copy of the order or agreement that bears that proof of
registration.
(3) The clerk of each court of common pleas, the clerk of
each municipal court, and the clerk of each county court shall
maintain a registry of certified copies of temporary protection
orders, protection orders, or consent agreements that have been
issued or approved by courts in other counties and that have been
registered with the clerk.
(O) Nothing in this section prohibits the domestic relations
division of a court of common pleas in counties that have a
domestic relations division or a court of common pleas in counties
that do not have a domestic relations division from designating a
minor child as a protected party on a protection order or consent
agreement.
Sec. 4113.80. As used in this section and section 4113.81 of
the Revised Code:
(A) "Domestic violence" has the same meaning as in section
3113.31 of the Revised Code.
(B) "Employee" has the same meaning as in section 4113.51 of
the Revised Code.
(C) "Employer" includes both of the following:
(1) The state or any agency or instrumentality of the state,
and any municipal corporation, county, township, school district,
or other political subdivision or any agency or instrumentality
thereof;
(2) Any person who employs fifty or more employees for each
working day during each of twenty or more calendar work weeks in
the current or preceding calendar year.
(D) "Person" means an individual, corporation, business
trust, estate, trust, partnership, or association.
Sec. 4113.81. (A)(1) Subject to divisions (A)(2), (B)(1),
(C), and (D) of this section, an employee who is a victim of
domestic violence and who has been employed by the employee's
employer for at least twelve months may take a maximum of five
days per year of unpaid leave, and an employee who is a victim of
domestic violence and who has been employed by the employee's
employer for less than twelve months may take a maximum of three
days per year of unpaid leave, to do any of the following:
(a) File a petition under section 3113.31 of the Revised Code
or attend a hearing on the petition, file a petition and a request
for an ex parte order under section 3113.31 of the Revised Code or
attend a hearing on the petition, or file a petition for a
protection order or no-contact order under any substantially
similar law of another state or a substantially similar municipal
ordinance of this state or another state;
(b) File a motion for a protection order or attend a hearing
on the protection order pursuant to section 2919.26 of the Revised
Code or file a motion for a protection order or no-contact order
issued under any substantially similar law of another state or a
substantially similar municipal ordinance of this state or another
state;
(c) File a motion for a protection order or attend a hearing
on the protection order pursuant to section 2903.213 of the
Revised Code or file a motion for a protection order or no-contact
order issued under any substantially similar law of another state
or a substantially similar municipal ordinance of this state or
another state;
(d) Seek emergency medical attention related to an incident
of domestic violence.
(2) An employee shall provide the employee's employer with as
much notice as practicable before taking any unpaid leave under
division (A)(1) of this section.
(B)(1) An employee shall make reasonable efforts when
possible to address matters related to domestic violence during
nonwork hours.
(2) Subject to divisions (B)(1) and (3), (C), and (D) of this
section, if it is not reasonably practical for an employee to
schedule appointments outside the employee's working hours, the
employee may take unpaid leave under division (A)(1) of this
section with notice to the employee's employer pursuant to
division (B)(3) of this section to do any of the following:
(a) Seek nonemergency medical attention related to an
incident of domestic violence;
(b) Meet with law enforcement officers with respect to an
incident of domestic violence;
(c) Seek legal assistance or other assistance from a
counselor, social worker, victim advocate, health care provider,
or other professional who assists persons in dealing with an
incident of domestic violence;
(d) Attend a court proceeding concerning a civil protection
order under section 3113.31 of the Revised Code or other
injunctive relief for the employee's self or the employee's child;
(e) Attend a criminal court proceeding relating to the
prosecution of an incident of domestic violence.
(3) The employee shall provide notice as soon as the employee
knows of the need for unpaid leave under division (A)(1) of this
section for the reasons set forth in division (B)(2) of this
section and when an appointment necessitating that unpaid leave
has been scheduled. In no case shall the employee provide notice
any later than the start of the employee's shift or the beginning
of the employee's work day.
(C)(1) An employer may require an employee who takes unpaid
leave pursuant to divisions (A) and (B) of this section to provide
documentation of the domestic violence. The employee may satisfy
the documentation requirement by providing the employer with any
of the following:
(a) If the leave is to file a petition under section 3113.31
of the Revised Code, a petition and a request for an ex parte
order under section 3113.31 of the Revised Code, a motion for a
protection order or no-contact order issued under any
substantially similar law of another state or a substantially
similar municipal ordinance of this state or another state, a
motion for a protection order pursuant to section 2919.26 of the
Revised Code, a motion for a protection order or no-contact order
issued under any substantially similar law of another state or a
substantially similar municipal ordinance of this state or another
state, a motion for a protection order pursuant to section
2903.213 of the Revised Code, or a motion for a protection order
or no-contact order issued under any substantially similar law of
another state or a substantially similar municipal ordinance of
this state or another state, documentation of that filing from the
court;
(b) If the leave is to attend a court proceeding described in
division (A)(1)(b) or (c) or (B)(2)(d) or (e) of this section,
documentation of that proceeding from the court, the docket,
pleadings, subpoenas, the prosecutor, the victim's attorney, or a
registered victim advocate;
(c) If the leave is for medical purposes, documentation
supporting the fact of treatment by the health care provider;
(d) If the leave is to meet with a law enforcement officer or
a prosecutor, documentation of that meeting from the officer or
prosecutor;
(e) If the leave is to meet with counsel, an attorney, or
other person providing assistance or services, documentation of
that meeting from the counsel, attorney, or person providing the
assistance or services.
(2) An employer who requires documentation as set forth in
division (C)(1) of this section shall grant the employee a
reasonable period of time not to exceed fourteen days to provide
the documentation. The employer may discharge or otherwise
discipline the employee for taking the unpaid leave without the
approval of the employer if the employee fails to supply the
documentation within the period of time granted by the employer.
(D) The maximum amount of unpaid leave an employee who is a
victim of domestic violence and who has been employed by the
employee's employer for less than twelve months may take per year
under this section is three days. The maximum amount of unpaid
leave an employee who is a victim of domestic violence and who has
been employed by the employee's employer for at least twelve
months is five days. An employee who is a victim of domestic
violence may elect, or an employer may require the employee to
substitute, any accrued paid vacation leave or personal leave the
employee may have for the unpaid leave taken pursuant to this
section.
(E) If an employee who is the victim of domestic violence
takes unpaid leave pursuant to this section and the taking of that
unpaid leave results in the termination of the employee's
employment, that employee may file a civil action against the
employer in the common pleas court of the county of that
employment. That civil action filed under this division is the
employee's sole and exclusive remedy. The relief the court may
grant shall be limited to reinstatement of the employee's
employment with back pay plus reasonable attorney's fees. That
civil action shall be barred unless it is filed within one hundred
and eighty days immediately following the termination of the
employee's employment.
Sec. 5321.171. (A) As used in this section and sections
5321.172 and 5321.173 of the Revised Code:
(1) "Domestic violence" has the same meaning as in section
3113.31 of the Revised Code.
(2) "Household member" means an individual who meets either
of the following requirements:
(a) The individual is one of the following and is
specifically identified in the lease agreement:
(i) The tenant's parent, child, spouse, or person living as a
spouse;
(ii) The parent or child of the tenant's spouse or former
spouse;
(iii) The parent or child of a person living as a spouse of
the tenant;
(iv) An individual otherwise related by consanguinity or
affinity to the tenant.
(b) The individual is an adult who notified the landlord
within fourteen days after entering the tenant's household that
the individual is occupying the tenant's housing unit as the
individual's usual place of residence.
(B)(1) A tenant may terminate a rental agreement or have the
tenant's name removed from the rental agreement as a cotenant if
that tenant, or a household member of that tenant, is a victim of
domestic violence. To terminate a rental agreement or to remove
the tenant's name as a cotenant from the agreement, the tenant
shall notify the landlord in writing that the tenant or household
member is a victim of domestic violence and shall supply the
landlord with any of the following:
(a) A civil protection order issued after a full hearing
under section 2903.214 or 3113.31 of the Revised Code or a consent
agreement approved under section 3113.31 of the Revised Code;
(b) A temporary protection order or a no-contact order issued
under section 2919.26 of the Revised Code, a criminal protection
order issued under section 2903.213 of the Revised Code, or a
protection order or no-contact order issued under any
substantially similar law of another state or a substantially
similar municipal ordinance of this state or another state.
(2) A tenant shall give the landlord the written notice this
section requires within ninety days after the incident of domestic
violence. The tenant and landlord shall terminate the rental
agreement, or the landlord shall remove the tenant's name from the
rental agreement, by a mutually agreed upon date, not to exceed
thirty days after the date the tenant gives the required notice.
If the tenant and landlord do not agree on a date to terminate the
rental agreement or remove the tenant's name from the agreement,
the rental agreement shall terminate or the landlord shall remove
the tenant's name from the rental agreement thirty days after the
tenant gives the required notice.
(3) At any time within thirty days after a tenant having the
tenant's name removed from a rental agreement for which there is
at least one cotenant, the landlord may terminate the rental
agreement as to any or all cotenants.
(4) A tenant who terminates a rental agreement or removes the
tenant's name from a rental agreement is liable for the tenant's
share of rent, prorated up to the date of the termination of the
rental agreement or the removal of the tenant's name from the
rental agreement.
(5) Except as otherwise provided in section 5321.16 of the
Revised Code, if a tenant terminates a rental agreement or removes
the tenant's name from a rental agreement as provided in this
section, the landlord is entitled to retain the tenant's share of
any security deposit.
(C) In response to a request to terminate a rental agreement
or remove the tenant's name from a rental agreement pursuant to
division (B) of this section, a landlord may offer the tenant an
opportunity to rent another unit at the location that is
sufficiently distant from the tenant's current unit. Whether to
accept that offer is at the tenant's discretion.
(D) No landlord shall knowingly terminate a tenancy because
of the status of a tenant or household member as a victim of
domestic violence or the offense of menacing by stalking, because
the tenant or a household member requested emergency services as
such a victim, or because the tenant previously terminated a
rental agreement in accordance with this section.
(E) A tenant who is injured by a landlord's violation of
division (D) of this section may recover damages in the amount of
one month's rent and any security deposit as section 5321.16 of
the Revised Code provides, plus reasonable attorney's fees.
(F) A landlord does not incur any additional duty of care for
a tenant the landlord accommodates pursuant to this section and
section 5321.172 of the Revised Code, and the landlord gains no
new or additional liability for any third party act that occurs
after an accommodation the landlord makes pursuant to those
sections.
(G) A tenant who is a victim of domestic violence may make a
request to terminate a rental agreement pursuant to division (B)
of this section only if the tenant has not made more than one
other request to terminate a rental agreement pursuant to division
(B) of this section during the previous five years.
Sec. 5321.172. (A) A landlord of a tenant who is a victim of
domestic violence or the offense of menacing by stalking shall
change the lock to the dwelling unit where the tenant resides upon
receipt of a written request from the tenant and a copy of a court
order or protection order that orders the respondent or defendant
named in the order to stay away from the tenant. Within
forty-eight hours after receiving the notice and a copy of the
order, the landlord shall change the lock and shall make a good
faith effort to provide a key to the new lock to the tenant and
any remaining cotenant not later than twenty-four hours after the
landlord changes the lock. The tenant shall reimburse the landlord
for the actual expense the landlord incurs in changing the lock.
If the landlord fails to change the lock within the
forty-eight-hour time period as this section requires, the tenant
may change the lock without the landlord's permission. If the
tenant changes the lock, the tenant shall do so in a competent and
workmanlike manner with locks of similar or better quality than
the original lock and shall make a good faith offer to provide a
key to the landlord and any remaining cotenant not later than
twenty-four hours after the tenant changes the lock. If within
thirty days after the landlord changes the lock the tenant does
not reimburse the landlord for the expenses the landlord incurs in
changing the locks, the landlord may deduct that amount from the
security deposit or assess that amount as a charge to the tenant.
(B)(1) A landlord who receives a request and copy of an order
under this section shall not, by any act, provide the respondent
who is named in the order and who is a tenant of the dwelling unit
access to the dwelling unit for which the landlord or tenant has
changed the locks unless the order allows the respondent to return
to the dwelling unit to retrieve the respondent's personal
possessions and the respondent is accompanied by a law enforcement
escort.
(2) A respondent who is a tenant of the dwelling unit remains
liable under the rental agreement for rent or any damage to the
dwelling unit as provided in the rental agreement, unless the
respondent can demonstrate that the tenant who changed the lock or
had the lock changed intentionally damaged the dwelling unit.
(C) A landlord who changes a lock to a dwelling unit in
accordance with this section is not liable for excluding from the
dwelling unit a respondent named in an order the landlord receives
from a tenant under this section or for loss of use or damage to
the respondent's personal property while that property is in the
dwelling unit after the lock has been changed.
(D) If a landlord takes action to prevent a tenant who has
complied with this section from changing a lock, the tenant may
seek a temporary restraining order, preliminary injunction, or
permanent injunction ordering the landlord to refrain from
preventing the tenant from changing the lock.
Sec. 5321.173. (A) A victim of domestic violence or the
offense of menacing by stalking who is a tenant in a unit owned or
operated by a metropolitan housing authority as described in
section 3735.27 of the Revised Code may request that the housing
authority transfer the tenant to another location. A tenant may
make any such request only if the tenant has made not more than
one other such request during the previous five years. The tenant
shall make any such request for transfer in writing, informing the
housing authority that the tenant or a household member is a
victim of domestic violence or the offense of menacing by stalking
and affirming that the tenant has made not more than one other
such request during the previous five years. The tenant shall
supply the housing authority with any one or more of the following
as evidence of the need for the transfer:
(1) A civil protection order issued after a full hearing
under section 2903.214 or 3113.31 of the Revised Code or a consent
agreement approved under section 3113.31 of the Revised Code;
(2) A temporary protection order or a no-contact order issued
under section 2919.26 of the Revised Code, a criminal protection
order issued under section 2903.213 of the Revised Code, or a
protection order or no-contact order issued under any
substantially similar law of another state or a substantially
similar municipal ordinance of this state or another state;
(3) Medical documentation describing the incident of domestic
violence or menacing by stalking;
(4) A sworn, notarized statement provided by a counselor,
social worker, victim advocate, health care provider, or other
professional who assists or has assisted the tenant or household
member in dealing with the incident of domestic violence or
menacing by stalking.
(B) Upon receipt of a request made pursuant to this section,
and if the tenant has not made more than one other such request
during the previous five years, the housing authority shall move
the tenant as soon as practicable to another location if the
authority has a unit available in another location.
(C) A housing authority does not incur any additional duty of
care for a tenant it transfers or fails to transfer pursuant to
this section, and the authority gains no new or additional
liability for any third party act that occurs after a transfer.
(D) If a metropolitan housing authority wrongfully fails to
comply with division (B) of this section, the tenant may recover
actual damages resulting from the failure to transfer, obtain
injunctive relief, and obtain a judgment for reasonable attorney's
fees.
Sec. 5321.174. (A) Except to the extent that a landlord
reasonably believes it is necessary to share information for the
safety of any tenant or any other person, any information a
landlord receives from a tenant under section 5321.171, 5321.172,
or 5321.173 of the Revised Code is confidential. A landlord shall
not share any confidential information with any other past,
current, or prospective landlord, and a landlord shall not share
any information with respect to a tenant's status as a victim of
domestic violence or the offense of menacing by stalking with any
other past, current, or prospective landlord. If the tenant shares
any information that the tenant provides to a landlord under this
section, that sharing does not waive the confidentiality of the
information or the nature of the privileged communication.
(B) A landlord is not liable for any good faith violation of
the confidentiality requirement this section establishes.
Sec. 5321.175. If a tenant has been convicted of or pleaded
guilty to a violation of section 2919.25 of the Revised Code while
the tenant was subject to the rental agreement, the landlord may
terminate the tenant's rental agreement or may remove the tenant's
name from a rental agreement and may retain the tenant's share of
any security deposit.
Section 2. That existing section 3113.31 of the Revised Code
is hereby repealed.
Section 3. Sections 5321.171, 5321.172, 5321.173, and
5321.174 of the Revised Code, as enacted by this act, apply to
rental agreements entered into or renewed on or after the
effective date of this act.
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