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. 25 As IntroducedAs Introduced
129th General Assembly | Regular Session | 2011-2012 |
| |
Cosponsors:
Representatives Derickson, Grossman, Patmon, Pillich, Beck, Stinziano, Dovilla, Maag, Blair, Stebelton, Rosenberger, Hackett, Ashford
A BILL
To amend sections 955.11, 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, to include the protection of companion
animals in temporary protection orders, domestic
violence protection orders, anti-stalking
protection orders, and related protection orders,
and to remove pit bulls from the definition of
"vicious dog" in state law.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 955.11, 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. 955.11. (A) As used in this section:
(1)(a) "Dangerous dog" means a dog that, without provocation,
and subject to division (A)(1)(b) of this section, has chased or
approached in either a menacing fashion or an apparent attitude of
attack, or has attempted to bite or otherwise endanger any person,
while that dog is off the premises of its owner, keeper, or
harborer and not under the reasonable control of its owner,
keeper, harborer, or some other responsible person, or not
physically restrained or confined in a locked pen
which that has a
top, locked fenced yard, or other locked enclosure
which that has
a top.
(b) "Dangerous dog" does not include a police dog that has
chased or approached in either a menacing fashion or an apparent
attitude of attack, or has attempted to bite or otherwise endanger
any person while the police dog is being used to assist one or
more law enforcement officers in the performance of their official
duties.
(2) "Menacing fashion" means that a dog would cause any
person being chased or approached to reasonably believe that the
dog will cause physical injury to that person.
(3) "Police dog" means a dog that has been trained, and may
be used, to assist one or more law enforcement officers in the
performance of their official duties.
(4)(a) "Vicious dog" means a dog that, without provocation
and subject to division (A)(4)(b) of this section, meets any
either of the following:
(i) Has killed or caused serious injury to any person;
(ii) Has caused injury, other than killing or serious injury,
to any person, or has killed another dog.
(iii) Belongs to a breed that is commonly known as a pit bull
dog. The ownership, keeping, or harboring of such a breed of dog
shall be prima-facie evidence of the ownership, keeping, or
harboring of a vicious dog.
(b) "Vicious dog" does not include either of the following:
(i) A police dog that has killed or caused serious injury to
any person or that has caused injury, other than killing or
serious injury, to any person while the police dog is being used
to assist one or more law enforcement officers in the performance
of their official duties;
(ii) A dog that has killed or caused serious injury to any
person while a person was committing or attempting to commit a
trespass or other criminal offense on the property of the owner,
keeper, or harborer of the dog.
(5) "Without provocation" means that a dog was not teased,
tormented, or abused by a person, or that the dog was not coming
to the aid or the defense of a person who was not engaged in
illegal or criminal activity and who was not using the dog as a
means of carrying out such activity.
(B) Upon the transfer of ownership of any dog, the seller of
the dog shall give the buyer a transfer of ownership certificate
that shall be signed by the seller. The certificate shall contain
the registration number of the dog, the name of the seller, and a
brief description of the dog. Blank forms of the certificate may
be obtained from the county auditor. A transfer of ownership shall
be recorded by the auditor upon presentation of a transfer of
ownership certificate that is signed by the former owner of a dog
and that is accompanied by a fee of twenty-five cents.
(C) Prior to the transfer of ownership or possession of any
dog, upon the buyer's or other transferee's request, the seller or
other transferor of the dog shall give to the person a written
notice relative to the behavior and propensities of the dog.
(D) Within ten days after the transfer of ownership or
possession of any dog, if the seller or other transferor of the
dog has knowledge that the dog is a dangerous or vicious dog, he
the seller or other transferor shall give to the buyer or other
transferee, the board of health for the district in which the
buyer or other transferee resides, and the dog warden of the
county in which the buyer or other transferee resides, a completed
copy of a written form on which the seller shall furnish the
following information:
(1) The name and address of the buyer or other transferee of
the dog;
(2) The age, sex, color, breed, and current registration
number of the dog.
In addition, the seller shall answer the following questions,
which shall be specifically stated on the form as follows:
"Has the dog ever chased or attempted to attack or bite a
person? If yes, describe the incident(s) in which the behavior
occurred."
"Has the dog ever bitten a person? If yes, describe the
incident(s) in which the behavior occurred."
"Has the dog ever seriously injured or killed a person? If
yes, describe the incident(s) in which the behavior occurred."
The dog warden of the county in which the seller resides
shall furnish the form to the seller at no cost.
(E) No seller or other transferor of a dog shall fail to
comply with the applicable requirements of divisions (B) to (D) of
this section.
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 if the offender is not already undergoing counseling
pursuant to division (E)(4) of this section, 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) All law enforcement agencies shall establish and maintain
an index for the protection orders delivered to the agencies
pursuant to division (G)(1) of this section. With respect to each
order delivered, each agency shall note on the index the date and
time of the agency's receipt of the order.
(3) Regardless of whether the petitioner has registered the
protection order in the county in which the officer's agency has
jurisdiction, any officer of a law enforcement agency shall
enforce a protection order issued pursuant to this section in
accordance with the provisions of the order.
(H) Upon a violation of a protection order issued pursuant to
this section, the court may issue another protection order under
this section, as a pretrial condition of release, that modifies
the terms of the order that was violated.
(I) Notwithstanding any provision of law to the contrary and
regardless of whether a protection order is issued or a consent
agreement is approved by a court of another county or by a court
of another state, no court or unit of state or local government
shall charge 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 is eighteen years of
age or older and engaged in a violation of section 2903.211 of the
Revised Code against the person to be protected by the protection
order or committed a sexually oriented offense against the person
to be protected by the protection order, including a description
of the nature and extent of the violation;
(2) If the petitioner seeks relief in the form of electronic
monitoring of the respondent, an allegation that at any time
preceding the filing of the petition the respondent engaged in
conduct that would cause a reasonable person to believe that the
health, welfare, or safety of the person to be protected was at
risk, a description of the nature and extent of that conduct, and
an allegation that the respondent presents a continuing danger to
the person to be protected;
(3) A request for relief under this section.
(D)(1) If a person who files a petition pursuant to this
section requests an ex parte order, the court shall hold an ex
parte hearing as soon as possible after the petition is filed, but
not later than the next day that the court is in session after the
petition is filed. The court, for good cause shown at the ex parte
hearing, may enter any temporary orders, with or without bond,
that the court finds necessary for the safety and protection of
the person to be protected by the order. Immediate and present
danger to the person to be protected by the protection order
constitutes good cause for purposes of this section. Immediate and
present danger includes, but is not limited to, situations in
which the respondent has threatened the person to be protected by
the protection order with bodily harm or in which the respondent
previously has been convicted of or pleaded guilty to a violation
of section 2903.211 of the Revised Code or a sexually oriented
offense against the person to be protected by the protection
order.
(2)(a) If the court, after an ex parte hearing, issues a
protection order described in division (E) of this section, the
court shall schedule a full hearing for a date that is within ten
court days after the ex parte hearing. The court shall give the
respondent notice of, and an opportunity to be heard at, the full
hearing. The court shall hold the full hearing on the date
scheduled under this division unless the court grants a
continuance of the hearing in accordance with this division. Under
any of the following circumstances or for any of the following
reasons, the court may grant a continuance of the full hearing to
a reasonable time determined by the court:
(i) Prior to the date scheduled for the full hearing under
this division, the respondent has not been served with the
petition filed pursuant to this section and notice of the full
hearing.
(ii) The parties consent to the continuance.
(iii) The continuance is needed to allow a party to obtain
counsel.
(iv) The continuance is needed for other good cause.
(b) An ex parte order issued under this section does not
expire because of a failure to serve notice of the full hearing
upon the respondent before the date set for the full hearing under
division (D)(2)(a) of this section or because the court grants a
continuance under that division.
(3) If a person who files a petition pursuant to this section
does not request an ex parte order, or if a person requests an ex
parte order but the court does not issue an ex parte order after
an ex parte hearing, the court shall proceed as in a normal civil
action and grant a full hearing on the matter.
(E)(1)(a) After an ex parte or full hearing, the court may
issue any protection order, with or without bond, that contains
terms designed to ensure the safety and protection of the person
to be protected by the protection order, including, but not
limited to, a requirement that the respondent refrain from
entering the residence, school, business, or place of employment
of the petitioner or family or household member. If the court
includes a requirement that the respondent refrain from entering
the residence, school, business, or place of employment of the
petitioner or family or household member in the order, it also
shall include in the order provisions of the type described in
division (E)(5) of this section.
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
division (E)(3) of this section, has committed a sexually oriented
offense against the person to be protected by the protection order
issued pursuant to division (E)(3) of this section, or has
violated a protection order issued pursuant to section 2903.213 of
the Revised Code relative to the person to be protected by the
protection order issued pursuant to division (E)(3) of this
section.
(4) No protection order issued pursuant to this section shall
in any manner affect title to any real property.
(5)(a) If the court issues a protection order under this
section that includes a requirement that the alleged offender
refrain from entering the residence, school, business, or place of
employment of the petitioner or a family or household member, the
order shall clearly state that the order cannot be waived or
nullified by an invitation to the alleged offender from the
complainant to enter the residence, school, business, or place of
employment or by the alleged offender's entry into one of those
places otherwise upon the consent of the petitioner or family or
household member.
(b) Division (E)(5)(a) of this section does not limit any
discretion of a court to determine that an alleged offender
charged with a violation of section 2919.27 of the Revised Code,
with a violation of a municipal ordinance substantially equivalent
to that section, or with contempt of court, which charge is based
on an alleged violation of a protection order issued under this
section, did not commit the violation or was not in contempt of
court.
(F)(1) The court shall cause the delivery of a copy of any
protection order that is issued under this section to the
petitioner, to the respondent, and to all law enforcement agencies
that have jurisdiction to enforce the order. The court shall
direct that a copy of the order be delivered to the respondent on
the same day that the order is entered.
(2) Upon the issuance of a protection order under this
section, the court shall provide the parties to the order with the
following notice orally or by form:
"NOTICE
As a result of this order, it may be unlawful for you to
possess or purchase a firearm, including a rifle, pistol, or
revolver, or ammunition pursuant to federal law under 18 U.S.C.
922(g)(8). If you have any questions whether this law makes it
illegal for you to possess or purchase a firearm or ammunition,
you should consult an attorney."
(3) All law enforcement agencies shall establish and maintain
an index for the protection orders delivered to the agencies
pursuant to division (F)(1) of this section. With respect to each
order delivered, each agency shall note on the index the date and
time that it received the order.
(4) Regardless of whether the petitioner has registered the
protection order in the county in which the officer's agency has
jurisdiction pursuant to division (M) of this section, any officer
of a law enforcement agency shall enforce a protection order
issued pursuant to this section by any court in this state in
accordance with the provisions of the order, including removing
the respondent from the premises, if appropriate.
(G) Any proceeding under this section shall be conducted in
accordance with the Rules of Civil Procedure, except that a
protection order may be obtained under this section with or
without bond. An order issued under this section, other than an ex
parte order, that grants a protection order, or that refuses to
grant a protection order, is a final, appealable order. The
remedies and procedures provided in this section are in addition
to, and not in lieu of, any other available civil or criminal
remedies.
(H) The filing of proceedings under this section does not
excuse a person from filing any report or giving any notice
required by section 2151.421 of the Revised Code or by any other
law.
(I) Any law enforcement agency that investigates an alleged
violation of section 2903.211 of the Revised Code or an alleged
commission of a sexually oriented offense shall provide
information to the victim and the family or household members of
the victim regarding the relief available under this section and
section 2903.213 of the Revised Code.
(J) Notwithstanding any provision of law to the contrary and
regardless of whether a protection order is issued or a consent
agreement is approved by a court of another county or by a court
of another state, no court or unit of state or local government
shall charge any fee, cost, deposit, or money in connection with
the filing of a petition pursuant to this section, in connection
with the filing, issuance, registration, or service of a
protection order or consent agreement, or for obtaining a
certified copy of a protection order or consent agreement.
(K)(1) A person who violates a protection order issued under
this section is subject to the following sanctions:
(a) Criminal prosecution for a violation of section 2919.27
of the Revised Code, if the violation of the protection order
constitutes a violation of that section;
(b) Punishment for contempt of court.
(2) The punishment of a person for contempt of court for
violation of a protection order issued under this section does not
bar criminal prosecution of the person for a violation of section
2919.27 of the Revised Code. However, a person punished for
contempt of court is entitled to credit for the punishment imposed
upon conviction of a violation of that section, and a person
convicted of a violation of that section shall not subsequently be
punished for contempt of court arising out of the same activity.
(L) In all stages of a proceeding under this section, a
petitioner may be accompanied by a victim advocate.
(M)(1) A petitioner who obtains a protection order under this
section or a protection order under section 2903.213 of the
Revised Code may provide notice of the issuance or approval of the
order to the judicial and law enforcement officials in any county
other than the county in which the order is issued by registering
that order in the other county pursuant to division (M)(2) of this
section and filing a copy of the registered order with a law
enforcement agency in the other county in accordance with that
division. A person who obtains a protection order issued by a
court of another state may provide notice of the issuance of the
order to the judicial and law enforcement officials in any county
of this state by registering the order in that county pursuant to
section 2919.272 of the Revised Code and filing a copy of the
registered order with a law enforcement agency in that county.
(2) A petitioner may register a protection order issued
pursuant to this section or section 2903.213 of the Revised Code
in a county other than the county in which the court that issued
the order is located in the following manner:
(a) The petitioner shall obtain a certified copy of the order
from the clerk of the court that issued the order and present that
certified copy to the clerk of the court of common pleas or the
clerk of a municipal court or county court in the county in which
the order is to be registered.
(b) Upon accepting the certified copy of the order for
registration, the clerk of the court of common pleas, municipal
court, or county court shall place an endorsement of registration
on the order and give the petitioner a copy of the order that
bears that proof of registration.
(3) The clerk of each court of common pleas, municipal court,
or county court shall maintain a registry of certified copies of
protection orders that have been issued by courts in other
counties pursuant to this section or section 2903.213 of the
Revised Code and that have been registered with the clerk.
(N)(1) If the court orders electronic monitoring of the
respondent under this section, the court shall direct the
sheriff's office or any other appropriate law enforcement agency
to install the electronic monitoring device and to monitor the
respondent. Unless the court determines that the respondent is
indigent, the court shall order the respondent to pay the cost of
the installation and monitoring of the electronic monitoring
device. If the court determines that the respondent is indigent
and subject to the maximum amount allowable to be paid in any year
from the fund and the rules promulgated by the attorney general
under division (N)(2) of this section, the cost of the
installation and monitoring of the electronic monitoring device
may be paid out of funds from the reparations fund created
pursuant to section 2743.191 of the Revised Code. The total amount
of costs for the installation and monitoring of electronic
monitoring devices paid pursuant to this division and sections
2151.34 and 2919.27 of the Revised Code from the reparations fund
shall not exceed three hundred thousand dollars per year.
(2) The attorney general may promulgate rules pursuant to
section 111.15 of the Revised Code to govern payments made from
the reparations fund pursuant to this division and sections
2151.34 and 2919.27 of the Revised Code. The rules may include
reasonable limits on the total cost paid pursuant to this division
and sections 2151.34 and 2919.27 of the Revised Code per
respondent, the amount of the three hundred thousand dollars
allocated to each county, and how invoices may be submitted by a
county, court, or other entity.
Sec. 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
As a result of this protection 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 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, 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.
(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, pleaded
guilty to, or been adjudicated a delinquent child for an offense
that constitutes domestic violence against the family or household
member.
(2)(a) If the court, after an ex parte hearing, issues an
order described in division (E)(1)(b) or (c) of this section, the
court shall schedule a full hearing for a date that is within
seven court days after the ex parte hearing. If any other type of
protection order that is authorized under division (E) of this
section is issued by the court after an ex parte hearing, the
court shall schedule a full hearing for a date that is within ten
court days after the ex parte hearing. The court shall give the
respondent notice of, and an opportunity to be heard at, the full
hearing. The court shall hold the full hearing on the date
scheduled under this division unless the court grants a
continuance of the hearing in accordance with this division. Under
any of the following circumstances or for any of the following
reasons, the court may grant a continuance of the full hearing to
a reasonable time determined by the court:
(i) Prior to the date scheduled for the full hearing under
this division, the respondent has not been served with the
petition filed pursuant to this section and notice of the full
hearing.
(ii) The parties consent to the continuance.
(iii) The continuance is needed to allow a party to obtain
counsel.
(iv) The continuance is needed for other good cause.
(b) An ex parte order issued under this section does not
expire because of a failure to serve notice of the full hearing
upon the respondent before the date set for the full hearing under
division (D)(2)(a) of this section or because the court grants a
continuance under that division.
(3) If a person who files a petition pursuant to this section
does not request an ex parte order, or if a person requests an ex
parte order but the court does not issue an ex parte order after
an ex parte hearing, the court shall proceed as in a normal civil
action and grant a full hearing on the matter.
(E)(1) After an ex parte or full hearing, the court may grant
any protection order, with or without bond, or approve any consent
agreement to bring about a cessation of domestic violence against
the family or household members. The order or agreement may:
(a) Direct the respondent to refrain from abusing or from
committing sexually oriented offenses against the family or
household members;
(b) Grant possession of the residence or household to the
petitioner or other family or household member, to the exclusion
of the respondent, by evicting the respondent, when the residence
or household is owned or leased solely by the petitioner or other
family or household member, or by ordering the respondent to
vacate the premises, when the residence or household is jointly
owned or leased by the respondent, and the petitioner or other
family or household member;
(c) When the respondent has a duty to support the petitioner
or other family or household member living in the residence or
household and the respondent is the sole owner or lessee of the
residence or household, grant possession of the residence or
household to the petitioner or other family or household member,
to the exclusion of the respondent, by ordering the respondent to
vacate the premises, or, in the case of a consent agreement, allow
the respondent to provide suitable, alternative housing;
(d) Temporarily allocate parental rights and responsibilities
for the care of, or establish temporary parenting time rights with
regard to, minor children, if no other court has determined, or is
determining, the allocation of parental rights and
responsibilities for the minor children or parenting time rights;
(e) Require the respondent to maintain support, if the
respondent customarily provides for or contributes to the support
of the family or household member, or if the respondent has a duty
to support the petitioner or family or household member;
(f) Require the respondent, petitioner, victim of domestic
violence, or any combination of those persons, to seek counseling;
(g) Require the respondent to refrain from entering the
residence, school, business, or place of employment of the
petitioner or family or household member;
(h) Grant other relief that the court considers equitable and
fair, including, but not limited to, ordering the respondent to
permit the use of a motor vehicle by the petitioner or other
family or household member and the apportionment of household and
family personal property.
(2) If a protection order has been issued pursuant to this
section in a prior action involving the respondent and the
petitioner or one or more of the family or household members or
victims, the court may include in a protection order that it
issues a prohibition against the respondent returning to the
residence or household. If it includes a prohibition against the
respondent returning to the residence or household in the order,
it also shall include in the order provisions of the type
described in division (E)(7) of this section. This division does
not preclude the court from including in a protection order or
consent agreement, in circumstances other than those described in
this division, a requirement that the respondent be evicted from
or vacate the residence or household or refrain from entering the
residence, school, business, or place of employment of the
petitioner or a family or household member, and, if the court
includes any requirement of that type in an order or agreement,
the court also shall include in the order provisions of the type
described in division (E)(7) of this section.
(3)(a) Any protection order issued or consent agreement
approved under this section shall be valid until a date certain,
but not later than five years from the date of its issuance or
approval, or not later than the date a respondent who is less than
eighteen years of age attains nineteen years of age, unless
modified or terminated as provided in division (E)(8) of this
section.
(b) Subject to the limitation on the duration of an order or
agreement set forth in division (E)(3)(a) of this section, any
order under division (E)(1)(d) of this section shall terminate on
the date that a court in an action for divorce, dissolution of
marriage, or legal separation brought by the petitioner or
respondent issues an order allocating parental rights and
responsibilities for the care of children or on the date that a
juvenile court in an action brought by the petitioner or
respondent issues an order awarding legal custody of minor
children. Subject to the limitation on the duration of an order or
agreement set forth in division (E)(3)(a) of this section, any
order under division (E)(1)(e) of this section shall terminate on
the date that a court in an action for divorce, dissolution of
marriage, or legal separation brought by the petitioner or
respondent issues a support order or on the date that a juvenile
court in an action brought by the petitioner or respondent issues
a support order.
(c) Any protection order issued or consent agreement approved
pursuant to this section may be renewed in the same manner as the
original order or agreement was issued or approved.
(4) A court may not issue a protection order that requires a
petitioner to do or to refrain from doing an act that the court
may require a respondent to do or to refrain from doing under
division (E)(1)(a), (b), (c), (d), (e), (g), or (h) of this
section unless all of the following apply:
(a) The respondent files a separate petition for a protection
order in accordance with this section.
(b) The petitioner is served notice of the respondent's
petition at least forty-eight hours before the court holds a
hearing with respect to the respondent's petition, or the
petitioner waives the right to receive this notice.
(c) If the petitioner has requested an ex parte order
pursuant to division (D) of this section, the court does not delay
any hearing required by that division beyond the time specified in
that division in order to consolidate the hearing with a hearing
on the petition filed by the respondent.
(d) After a full hearing at which the respondent presents
evidence in support of the request for a protection order and the
petitioner is afforded an opportunity to defend against that
evidence, the court determines that the petitioner has committed
an act of domestic violence or has violated a temporary protection
order issued pursuant to section 2919.26 of the Revised Code, that
both the petitioner and the respondent acted primarily as
aggressors, and that neither the petitioner nor the respondent
acted primarily in self-defense.
(5) No protection order issued or consent agreement approved
under this section shall in any manner affect title to any real
property.
(6)(a) If a petitioner, or the child of a petitioner, who
obtains a protection order or consent agreement pursuant to
division (E)(1) of this section or a temporary protection order
pursuant to section 2919.26 of the Revised Code and is the subject
of a parenting time order issued pursuant to section 3109.051 or
3109.12 of the Revised Code or a visitation or companionship order
issued pursuant to section 3109.051, 3109.11, or 3109.12 of the
Revised Code or division (E)(1)(d) of this section granting
parenting time rights to the respondent, the court may require the
public children services agency of the county in which the court
is located to provide supervision of the respondent's exercise of
parenting time or visitation or companionship rights with respect
to the child for a period not to exceed nine months, if the court
makes the following findings of fact:
(i) The child is in danger from the respondent;
(ii) No other person or agency is available to provide the
supervision.
(b) A court that requires an agency to provide supervision
pursuant to division (E)(6)(a) of this section shall order the
respondent to reimburse the agency for the cost of providing the
supervision, if it determines that the respondent has sufficient
income or resources to pay that cost.
(7)(a) If a protection order issued or consent agreement
approved under this section includes a requirement that the
respondent be evicted from or vacate the residence or household or
refrain from entering the residence, school, business, or place of
employment of the petitioner or a family or household member, the
order or agreement shall state clearly that the order or agreement
cannot be waived or nullified by an invitation to the respondent
from the petitioner or other family or household member to enter
the residence, school, business, or place of employment or by the
respondent's entry into one of those places otherwise upon the
consent of the petitioner or other family or household member.
(b) Division (E)(7)(a) of this section does not limit any
discretion of a court to determine that a respondent charged with
a violation of section 2919.27 of the Revised Code, with a
violation of a municipal ordinance substantially equivalent to
that section, or with contempt of court, which charge is based on
an alleged violation of a protection order issued or consent
agreement approved under this section, did not commit the
violation or was not in contempt of court.
(8)(a) The court may modify or terminate as provided in
division (E)(8) of this section a protection order or consent
agreement that was issued after a full hearing under this section.
The court that issued the protection order or approved the consent
agreement shall hear a motion for modification or termination of
the protection order or consent agreement pursuant to division
(E)(8) of this section.
(b) Either the petitioner or the respondent of the original
protection order or consent agreement may bring a motion for
modification or termination of a protection order or consent
agreement that was issued or approved after a full hearing. The
court shall require notice of the motion to be made as provided by
the Rules of Civil Procedure. If the petitioner for the original
protection order or consent agreement has requested that the
petitioner's address be kept confidential, the court shall not
disclose the address to the respondent of the original protection
order or consent agreement or any other person, except as
otherwise required by law. The moving party has the burden of
proof to show, by a preponderance of the evidence, that
modification or termination of the protection order or consent
agreement is appropriate because either the protection order or
consent agreement is no longer needed or because the terms of the
original protection order or consent agreement are no longer
appropriate.
(c) In considering whether to modify or terminate a
protection order or consent agreement issued or approved under
this section, the court shall consider all relevant factors,
including, but not limited to, the following:
(i) Whether the petitioner consents to modification or
termination of the protection order or consent agreement;
(ii) Whether the petitioner fears the respondent;
(iii) The current nature of the relationship between the
petitioner and the respondent;
(iv) The circumstances of the petitioner and respondent,
including the relative proximity of the petitioner's and
respondent's workplaces and residences and whether the petitioner
and respondent have minor children together;
(v) Whether the respondent has complied with the terms and
conditions of the original protection order or consent agreement;
(vi) Whether the respondent has a continuing involvement with
illegal drugs or alcohol;
(vii) Whether the respondent has been convicted of, 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.
(10) The court may 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 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. 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 955.11, 959.99, 2152.19,
2903.213, 2903.214, 2919.26, 3113.31, 4732.141, and 4757.33 of the
Revised Code are hereby repealed.
|