| (a) An allegation that the respondent engaged in a violation | 42 |
|
of section 2903.11, 2903.12, 2903.13, 2903.21, 2903.211, 2903.22, | 43 |
|
or 2911.211 of the Revised Code, committed a sexually oriented | 44 |
|
offense, or engaged in a violation of any municipal ordinance that | 45 |
|
is substantially equivalent to any of those offenses against the | 46 |
|
person to be protected by the protection order, including a | 47 |
|
description of the nature and extent of the violation; | 48 |
| (b) If the petitioner seeks relief in the form of electronic | 49 |
|
monitoring of the respondent, an allegation that at any time | 50 |
|
preceding the filing of the petition the respondent engaged in | 51 |
|
conduct that would cause a reasonable person to believe that the | 52 |
|
health, welfare, or safety of the person to be protected was at | 53 |
|
risk, a description of the nature and extent of that conduct, and | 54 |
|
an allegation that the respondent presents a continuing danger to | 55 |
|
the person to be protected; | 56 |
| (D)(1) If a person who files a petition pursuant to this | 67 |
|
section requests an ex parte order, the court shall hold an ex | 68 |
|
parte hearing as soon as possible after the petition is filed, but | 69 |
|
not later than the next day after the court is in session after | 70 |
|
the petition is filed. The court, for good cause shown at the ex | 71 |
|
parte hearing, may enter any temporary orders, with or without | 72 |
|
bond, that the court finds necessary for the safety and protection | 73 |
|
of the person to be protected by the order. Immediate and present | 74 |
|
danger to the person to be protected by the protection order | 75 |
|
constitutes good cause for purposes of this section. Immediate and | 76 |
|
present danger includes, but is not limited to, situations in | 77 |
|
which the respondent has threatened the person to be protected by | 78 |
|
the protection order with bodily harm or in which the respondent | 79 |
|
previously has been convicted of, pleaded guilty to, or been | 80 |
|
adjudicated a delinquent child for committing a violation of | 81 |
|
section 2903.11, 2903.12, 2903.13, 2903.21, 2903.211, 2903.22, or | 82 |
|
2911.211 of the Revised Code, a sexually oriented offense, or a | 83 |
|
violation of any municipal ordinance that is substantially | 84 |
|
equivalent to any of those offenses against the person to be | 85 |
|
protected by the protection order. | 86 |
| (2)(a) If the court, after an ex parte hearing, issues a | 87 |
|
protection order described in division (E) of this section, the | 88 |
|
court shall schedule a full hearing for a date that is within ten | 89 |
|
court days after the ex parte hearing. The court shall give the | 90 |
|
respondent notice of, and an opportunity to be heard at, the full | 91 |
|
hearing. The court also shall give notice of the full hearing to | 92 |
|
the parent, guardian, or legal custodian of the respondent. The | 93 |
|
court shall hold the full hearing on the date scheduled under this | 94 |
|
division unless the court grants a continuance of the hearing in | 95 |
|
accordance with this division. Under any of the following | 96 |
|
circumstances or for any of the following reasons, the court may | 97 |
|
grant a continuance of the full hearing to a reasonable time | 98 |
|
determined by the court: | 99 |
| (E)(1)(a) After an ex parte or full hearing, the court may | 118 |
|
issue any protection order, with or without bond, that contains | 119 |
|
terms designed to ensure the safety and protection of the person | 120 |
|
to be protected by the protection order.
The court may include | 121 |
|
within a protection order issued under this section a term | 122 |
|
requiring that the respondent not remove, damage, hide, harm, or | 123 |
|
dispose of any companion animal owned or possessed by the person | 124 |
|
to be protected by the order, and may include within the order a | 125 |
|
term authorizing the person to be protected by the order to remove | 126 |
|
a companion animal owned by the person to be protected by the | 127 |
|
order from the possession of the respondent. | 128 |
| (b) After a full hearing, if the court considering a petition | 129 |
|
that includes an allegation of the type described in division | 130 |
|
(C)(2)(b) of this section or the court, upon its own motion, finds | 131 |
|
upon clear and convincing evidence that the petitioner reasonably | 132 |
|
believed that the respondent's conduct at any time preceding the | 133 |
|
filing of the petition endangered the health, welfare, or safety | 134 |
|
of the person to be protected and that the respondent presents a | 135 |
|
continuing danger to the person to be protected and if division | 136 |
|
(N) of this section does not prohibit the issuance of an order | 137 |
|
that the respondent be electronically monitored, the court may | 138 |
|
order that the respondent be electronically monitored for a period | 139 |
|
of time and under the terms and conditions that the court | 140 |
|
determines are appropriate. Electronic monitoring shall be in | 141 |
|
addition to any other relief granted to the petitioner. | 142 |
| (d) After a full hearing at which the respondent presents | 163 |
|
evidence in support of the request for a protection order and the | 164 |
|
petitioner is afforded an opportunity to defend against that | 165 |
|
evidence, the court determines that the petitioner has committed a | 166 |
|
violation of section 2903.11, 2903.12, 2903.13, 2903.21, 2903.211, | 167 |
|
2903.22, or 2911.211 of the Revised Code, a sexually oriented | 168 |
|
offense, or a violation of any municipal ordinance that is | 169 |
|
substantially equivalent to any of those offenses against the | 170 |
|
person to be protected by the protection order issued pursuant to | 171 |
|
division (E)(3) of this section, or has violated a protection | 172 |
|
order issued pursuant to this section or section 2903.213 of the | 173 |
|
Revised Code relative to the person to be protected by the | 174 |
|
protection order issued pursuant to division (E)(3) of this | 175 |
|
section. | 176 |
| (b) Division (E)(5)(a) of this section does not limit any | 183 |
|
discretion of a court to determine that a respondent alleged to | 184 |
|
have violated section 2919.27 of the Revised Code, violated a | 185 |
|
municipal ordinance substantially equivalent to that section, or | 186 |
|
committed contempt of court, which allegation is based on an | 187 |
|
alleged violation of a protection order issued under this section, | 188 |
|
did not commit the violation or was not in contempt of court. | 189 |
| (G) Any proceeding under this section shall be conducted in | 227 |
|
accordance with the Rules of Civil Procedure, except that a | 228 |
|
protection order may be obtained under this section with or | 229 |
|
without bond. An order issued under this section, other than an ex | 230 |
|
parte order, that grants a protection order, or that refuses to | 231 |
|
grant a protection order, is a final, appealable order. The | 232 |
|
remedies and procedures provided in this section are in addition | 233 |
|
to, and not in lieu of, any other available civil or criminal | 234 |
|
remedies or any other available remedies under Chapter 2151. or | 235 |
|
2152. of the Revised Code. | 236 |
| (I) Any law enforcement agency that investigates an alleged | 241 |
|
violation of section 2903.11, 2903.12, 2903.13, 2903.21, 2903.211, | 242 |
|
2903.22, or 2911.211 of the Revised Code, an alleged commission of | 243 |
|
a sexually oriented offense, or an alleged violation of a | 244 |
|
municipal ordinance that is substantially equivalent to any of | 245 |
|
those offenses shall provide information to the victim and the | 246 |
|
family or household members of the victim regarding the relief | 247 |
|
available under this section. | 248 |
| (J) Notwithstanding any provision of law to the contrary and | 249 |
|
regardless of whether a protection order is issued or a consent | 250 |
|
agreement is approved by a court of another county or by a court | 251 |
|
of another state, no court or unit of state or local government | 252 |
|
shall charge any fee, cost, deposit, or money in connection with | 253 |
|
the filing of a petition pursuant to this section, in connection | 254 |
|
with the filing, issuance, registration, or service of a | 255 |
|
protection order or consent agreement, or for obtaining a | 256 |
|
certified copy of a protection order or consent agreement. | 257 |
| (2) The punishment of a person for contempt of court for | 265 |
|
violation of a protection order issued under this section does not | 266 |
|
bar criminal prosecution of the person or a delinquent child | 267 |
|
proceeding concerning the person for a violation of section | 268 |
|
2919.27 of the Revised Code. However, a person punished for | 269 |
|
contempt of court is entitled to credit for the punishment imposed | 270 |
|
upon conviction of or adjudication as a delinquent child for a | 271 |
|
violation of that section, and a person convicted of or | 272 |
|
adjudicated a delinquent child for a violation of that section | 273 |
|
shall not subsequently be punished for contempt of court arising | 274 |
|
out of the same activity. | 275 |
| (M)(1) A petitioner who obtains a protection order under this | 278 |
|
section may provide notice of the issuance or approval of the | 279 |
|
order to the judicial and law enforcement officials in any county | 280 |
|
other than the county in which the order is issued by registering | 281 |
|
that order in the other county pursuant to division (M)(2) of this | 282 |
|
section and filing a copy of the registered order with a law | 283 |
|
enforcement agency in the other county in accordance with that | 284 |
|
division. A person who obtains a protection order issued by a | 285 |
|
court of another state may provide notice of the issuance of the | 286 |
|
order to the judicial and law enforcement officials in any county | 287 |
|
of this state by registering the order in that county pursuant to | 288 |
|
section 2919.272 of the Revised Code and filing a copy of the | 289 |
|
registered order with a law enforcement agency in that county. | 290 |
| (N) If the court orders electronic monitoring of the | 310 |
|
respondent under this section, the court shall direct the | 311 |
|
sheriff's office or any other appropriate law enforcement agency | 312 |
|
to install the electronic monitoring device and to monitor the | 313 |
|
respondent. Unless the court determines that the respondent is | 314 |
|
indigent, the court shall order the respondent to pay the cost of | 315 |
|
the installation and monitoring of the electronic monitoring | 316 |
|
device. If the court determines that the respondent is indigent | 317 |
|
and subject to the maximum amount allowable to be paid in any year | 318 |
|
from the fund and the rules promulgated by the attorney general | 319 |
|
under section 2903.214 of the Revised Code, the cost of the | 320 |
|
installation and monitoring of the electronic monitoring device | 321 |
|
may be paid out of funds from the reparations fund created | 322 |
|
pursuant to section 2743.191 of the Revised Code. The total amount | 323 |
|
paid from the reparations fund created pursuant to section | 324 |
|
2743.191 of the Revised Code for electronic monitoring under this | 325 |
|
section and sections 2903.214 and 2919.27 of the Revised Code | 326 |
|
shall not exceed three hundred thousand dollars per year. When the | 327 |
|
total amount paid from the reparations fund in any year for | 328 |
|
electronic monitoring under those sections equals or exceeds three | 329 |
|
hundred thousand dollars, the court shall not order pursuant to | 330 |
|
this section that an indigent respondent be electronically | 331 |
|
monitored. | 332 |
| Sec. 2903.213. (A) Except when the complaint involves a | 336 |
|
person who is a family or household member as defined in section | 337 |
|
2919.25 of the Revised Code, upon the filing of a complaint that | 338 |
|
alleges a violation of section 2903.11, 2903.12, 2903.13, 2903.21, | 339 |
|
2903.211, 2903.22, or 2911.211 of the Revised Code, a violation of | 340 |
|
a municipal ordinance substantially similar to section 2903.13, | 341 |
|
2903.21, 2903.211, 2903.22, or 2911.211 of the Revised Code, or | 342 |
|
the commission of a sexually oriented offense, the complainant, | 343 |
|
the alleged victim, or a family or household member of an alleged | 344 |
|
victim may file a motion that requests the issuance of a | 345 |
|
protection order as a pretrial condition of release of the alleged | 346 |
|
offender, in addition to any bail set under Criminal Rule 46. The | 347 |
|
motion shall be filed with the clerk of the court that has | 348 |
|
jurisdiction of the case at any time after the filing of the | 349 |
|
complaint. If the complaint involves a person who is a family or | 350 |
|
household member, the complainant, the alleged victim, or the | 351 |
|
family or household member may file a motion for a temporary | 352 |
|
protection order pursuant to section 2919.26 of the Revised Code. | 353 |
| A complaint, a copy of which has been attached to this | 370 |
|
motion, has been filed in this court charging the named defendant | 371 |
|
with a violation of section 2903.11, 2903.12, 2903.13, 2903.21, | 372 |
|
2903.211, 2903.22, or 2911.211 of the Revised Code, a violation of | 373 |
|
a municipal ordinance substantially similar to section 2903.13, | 374 |
|
2903.21, 2903.211, 2903.22, or 2911.211 of the Revised Code, or | 375 |
|
the commission of a sexually oriented offense. | 376 |
| I understand that I must appear before the court, at a time | 377 |
|
set by the court not later than the next day that the court is in | 378 |
|
session after the filing of this motion, for a hearing on the | 379 |
|
motion, and that any protection order granted pursuant to this | 380 |
|
motion is a pretrial condition of release and is effective only | 381 |
|
until the disposition of the criminal proceeding arising out of | 382 |
|
the attached complaint or until the issuance under section | 383 |
|
2903.214 of the Revised Code of a protection order arising out of | 384 |
|
the same activities as those that were the basis of the attached | 385 |
|
complaint. | 386 |
| (C)(1) As soon as possible after the filing of a motion that | 391 |
|
requests the issuance of a protection order under this section, | 392 |
|
but not later than the next day that the court is in session after | 393 |
|
the filing of the motion, the court shall conduct a hearing to | 394 |
|
determine whether to issue the order. The person who requested the | 395 |
|
order shall appear before the court and provide the court with the | 396 |
|
information that it requests concerning the basis of the motion. | 397 |
|
If the court finds that the safety and protection of the | 398 |
|
complainant or the alleged victim may be impaired by the continued | 399 |
|
presence of the alleged offender, the court may issue a protection | 400 |
|
order under this section, as a pretrial condition of release, that | 401 |
|
contains terms designed to ensure the safety and protection of the | 402 |
|
complainant or the alleged victim, including a requirement that | 403 |
|
the alleged offender refrain from entering the residence, school, | 404 |
|
business, or place of employment of the complainant or the alleged | 405 |
|
victim.
The court may include within a protection order issued | 406 |
|
under this section a term requiring that the alleged offender not | 407 |
|
remove, damage, hide, harm, or dispose of any companion animal | 408 |
|
owned or possessed by the complainant or the alleged victim, and | 409 |
|
may include within the order a term authorizing the complainant or | 410 |
|
the alleged victim to remove a companion animal owned by the | 411 |
|
complainant or the alleged victim from the possession of the | 412 |
|
alleged offender. | 413 |
| (2)(a) If the court issues a protection order under this | 414 |
|
section that includes a requirement that the alleged offender | 415 |
|
refrain from entering the residence, school, business, or place of | 416 |
|
employment of the complainant or the alleged victim, the order | 417 |
|
shall clearly state that the order cannot be waived or nullified | 418 |
|
by an invitation to the alleged offender from the complainant, the | 419 |
|
alleged victim, or a family or household member to enter the | 420 |
|
residence, school, business, or place of employment or by the | 421 |
|
alleged offender's entry into one of those places otherwise upon | 422 |
|
the consent of the complainant, the alleged victim, or a family or | 423 |
|
household member. | 424 |
| (b) Division (C)(2)(a) of this section does not limit any | 425 |
|
discretion of a court to determine that an alleged offender | 426 |
|
charged with a violation of section 2919.27 of the Revised Code, | 427 |
|
with a violation of a municipal ordinance substantially equivalent | 428 |
|
to that section, or with contempt of court, which charge is based | 429 |
|
on an alleged violation of a protection order issued under this | 430 |
|
section, did not commit the violation or was not in contempt of | 431 |
|
court. | 432 |
| (D)(1) Except when the complaint involves a person who is a | 433 |
|
family or household member as defined in section 2919.25 of the | 434 |
|
Revised Code, upon the filing of a complaint that alleges a | 435 |
|
violation specified in division (A) of this section, the court, | 436 |
|
upon its own motion, may issue a protection order under this | 437 |
|
section as a pretrial condition of release of the alleged offender | 438 |
|
if it finds that the safety and protection of the complainant or | 439 |
|
the alleged victim may be impaired by the continued presence of | 440 |
|
the alleged offender. | 441 |
| (2) If the court issues a protection order under this section | 442 |
|
as an ex parte order, it shall conduct, as soon as possible after | 443 |
|
the issuance of the order but not later than the next day that the | 444 |
|
court is in session after its issuance, a hearing to determine | 445 |
|
whether the order should remain in effect, be modified, or be | 446 |
|
revoked. The hearing shall be conducted under the standards set | 447 |
|
forth in division (C) of this section. | 448 |
| (3) If a municipal court or a county court issues a | 449 |
|
protection order under this section and if, subsequent to the | 450 |
|
issuance of the order, the alleged offender who is the subject of | 451 |
|
the order is bound over to the court of common pleas for | 452 |
|
prosecution of a felony arising out of the same activities as | 453 |
|
those that were the basis of the complaint upon which the order is | 454 |
|
based, notwithstanding the fact that the order was issued by a | 455 |
|
municipal court or county court, the order shall remain in effect, | 456 |
|
as though it were an order of the court of common pleas, while the | 457 |
|
charges against the alleged offender are pending in the court of | 458 |
|
common pleas, for the period of time described in division (E)(2) | 459 |
|
of this section, and the court of common pleas has exclusive | 460 |
|
jurisdiction to modify the order issued by the municipal court or | 461 |
|
county court. This division applies when the alleged offender is | 462 |
|
bound over to the court of common pleas as a result of the person | 463 |
|
waiving a preliminary hearing on the felony charge, as a result of | 464 |
|
the municipal court or county court having determined at a | 465 |
|
preliminary hearing that there is probable cause to believe that | 466 |
|
the felony has been committed and that the alleged offender | 467 |
|
committed it, as a result of the alleged offender having been | 468 |
|
indicted for the felony, or in any other manner. | 469 |
| (2) Is effective only until the disposition, by the court | 474 |
|
that issued the order or, in the circumstances described in | 475 |
|
division (D)(3) of this section, by the court of common pleas to | 476 |
|
which the alleged offender is bound over for prosecution, of the | 477 |
|
criminal proceeding arising out of the complaint upon which the | 478 |
|
order is based or until the issuance under section 2903.214 of the | 479 |
|
Revised Code of a protection order arising out of the same | 480 |
|
activities as those that were the basis of the complaint filed | 481 |
|
under this section; | 482 |
| (G)(1) A copy of a protection order that is issued under this | 492 |
|
section shall be issued by the court to the complainant, to the | 493 |
|
alleged victim, to the person who requested the order, to the | 494 |
|
defendant, and to all law enforcement agencies that have | 495 |
|
jurisdiction to enforce the order. The court shall direct that a | 496 |
|
copy of the order be delivered to the defendant on the same day | 497 |
|
that the order is entered. If a municipal court or a county court | 498 |
|
issues a protection order under this section and if, subsequent to | 499 |
|
the issuance of the order, the defendant who is the subject of the | 500 |
|
order is bound over to the court of common pleas for prosecution | 501 |
|
as described in division (D)(3) of this section, the municipal | 502 |
|
court or county court shall direct that a copy of the order be | 503 |
|
delivered to the court of common pleas to which the defendant is | 504 |
|
bound over. | 505 |
| (I) Notwithstanding any provision of law to the contrary and | 520 |
|
regardless of whether a protection order is issued or a consent | 521 |
|
agreement is approved by a court of another county or by a court | 522 |
|
of another state, no court or unit of state or local government | 523 |
|
shall charge any fee, cost, deposit, or money in connection with | 524 |
|
the filing of a motion pursuant to this section, in connection | 525 |
|
with the filing, issuance, registration, or service of a | 526 |
|
protection order or consent agreement, or for obtaining certified | 527 |
|
copies of a protection order or consent agreement. | 528 |
| (2) If the petitioner seeks relief in the form of electronic | 562 |
|
monitoring of the respondent, an allegation that at any time | 563 |
|
preceding the filing of the petition the respondent engaged in | 564 |
|
conduct that would cause a reasonable person to believe that the | 565 |
|
health, welfare, or safety of the person to be protected was at | 566 |
|
risk, a description of the nature and extent of that conduct, and | 567 |
|
an allegation that the respondent presents a continuing danger to | 568 |
|
the person to be protected; | 569 |
| (D)(1) If a person who files a petition pursuant to this | 571 |
|
section requests an ex parte order, the court shall hold an ex | 572 |
|
parte hearing as soon as possible after the petition is filed, but | 573 |
|
not later than the next day that the court is in session after the | 574 |
|
petition is filed. The court, for good cause shown at the ex parte | 575 |
|
hearing, may enter any temporary orders, with or without bond, | 576 |
|
that the court finds necessary for the safety and protection of | 577 |
|
the person to be protected by the order. Immediate and present | 578 |
|
danger to the person to be protected by the protection order | 579 |
|
constitutes good cause for purposes of this section. Immediate and | 580 |
|
present danger includes, but is not limited to, situations in | 581 |
|
which the respondent has threatened the person to be protected by | 582 |
|
the protection order with bodily harm or in which the respondent | 583 |
|
previously has been convicted of or pleaded guilty to a violation | 584 |
|
of section 2903.211 of the Revised Code or a sexually oriented | 585 |
|
offense against the person to be protected by the protection | 586 |
|
order. | 587 |
| (2)(a) If the court, after an ex parte hearing, issues a | 588 |
|
protection order described in division (E) of this section, the | 589 |
|
court shall schedule a full hearing for a date that is within ten | 590 |
|
court days after the ex parte hearing. The court shall give the | 591 |
|
respondent notice of, and an opportunity to be heard at, the full | 592 |
|
hearing. The court shall hold the full hearing on the date | 593 |
|
scheduled under this division unless the court grants a | 594 |
|
continuance of the hearing in accordance with this division. Under | 595 |
|
any of the following circumstances or for any of the following | 596 |
|
reasons, the court may grant a continuance of the full hearing to | 597 |
|
a reasonable time determined by the court: | 598 |
| (E)(1)(a) After an ex parte or full hearing, the court may | 617 |
|
issue any protection order, with or without bond, that contains | 618 |
|
terms designed to ensure the safety and protection of the person | 619 |
|
to be protected by the protection order, including, but not | 620 |
|
limited to, a requirement that the respondent refrain from | 621 |
|
entering the residence, school, business, or place of employment | 622 |
|
of the petitioner or family or household member. If the court | 623 |
|
includes a requirement that the respondent refrain from entering | 624 |
|
the residence, school, business, or place of employment of the | 625 |
|
petitioner or family or household member in the order, it also | 626 |
|
shall include in the order provisions of the type described in | 627 |
|
division (E)(5) of this section.
The court may include within a | 628 |
|
protection order issued under this section a term requiring that | 629 |
|
the respondent not remove, damage, hide, harm, or dispose of any | 630 |
|
companion animal owned or possessed by the person to be protected | 631 |
|
by the order, and may include within the order a term authorizing | 632 |
|
the person to be protected by the order to remove a companion | 633 |
|
animal owned by the person to be protected by the order from the | 634 |
|
possession of the respondent. | 635 |
| (b) After a full hearing, if the court considering a petition | 636 |
|
that includes an allegation of the type described in division | 637 |
|
(C)(2) of this section, or the court upon its own motion, finds | 638 |
|
upon clear and convincing evidence that the petitioner reasonably | 639 |
|
believed that the respondent's conduct at any time preceding the | 640 |
|
filing of the petition endangered the health, welfare, or safety | 641 |
|
of the person to be protected and that the respondent presents a | 642 |
|
continuing danger to the person to be protected, the court may | 643 |
|
order that the respondent be electronically monitored for a period | 644 |
|
of time and under the terms and conditions that the court | 645 |
|
determines are appropriate. Electronic monitoring shall be in | 646 |
|
addition to any other relief granted to the petitioner. | 647 |
| (d) After a full hearing at which the respondent presents | 668 |
|
evidence in support of the request for a protection order and the | 669 |
|
petitioner is afforded an opportunity to defend against that | 670 |
|
evidence, the court determines that the petitioner has committed a | 671 |
|
violation of section 2903.211 of the Revised Code against the | 672 |
|
person to be protected by the protection order issued pursuant to | 673 |
|
division (E)(3) of this section, has committed a sexually oriented | 674 |
|
offense against the person to be protected by the protection order | 675 |
|
issued pursuant to division (E)(3) of this section, or has | 676 |
|
violated a protection order issued pursuant to section 2903.213 of | 677 |
|
the Revised Code relative to the person to be protected by the | 678 |
|
protection order issued pursuant to division (E)(3) of this | 679 |
|
section. | 680 |
| (5)(a) If the court issues a protection order under this | 683 |
|
section that includes a requirement that the alleged offender | 684 |
|
refrain from entering the residence, school, business, or place of | 685 |
|
employment of the petitioner or a family or household member, the | 686 |
|
order shall clearly state that the order cannot be waived or | 687 |
|
nullified by an invitation to the alleged offender from the | 688 |
|
complainant to enter the residence, school, business, or place of | 689 |
|
employment or by the alleged offender's entry into one of those | 690 |
|
places otherwise upon the consent of the petitioner or family or | 691 |
|
household member. | 692 |
| (b) Division (E)(5)(a) of this section does not limit any | 693 |
|
discretion of a court to determine that an alleged offender | 694 |
|
charged with a violation of section 2919.27 of the Revised Code, | 695 |
|
with a violation of a municipal ordinance substantially equivalent | 696 |
|
to that section, or with contempt of court, which charge is based | 697 |
|
on an alleged violation of a protection order issued under this | 698 |
|
section, did not commit the violation or was not in contempt of | 699 |
|
court. | 700 |
| (G) Any proceeding under this section shall be conducted in | 729 |
|
accordance with the Rules of Civil Procedure, except that a | 730 |
|
protection order may be obtained under this section with or | 731 |
|
without bond. An order issued under this section, other than an ex | 732 |
|
parte order, that grants a protection order, or that refuses to | 733 |
|
grant a protection order, is a final, appealable order. The | 734 |
|
remedies and procedures provided in this section are in addition | 735 |
|
to, and not in lieu of, any other available civil or criminal | 736 |
|
remedies. | 737 |
| (J) Notwithstanding any provision of law to the contrary and | 748 |
|
regardless of whether a protection order is issued or a consent | 749 |
|
agreement is approved by a court of another county or by a court | 750 |
|
of another state, no court or unit of state or local government | 751 |
|
shall charge any fee, cost, deposit, or money in connection with | 752 |
|
the filing of a petition pursuant to this section, in connection | 753 |
|
with the filing, issuance, registration, or service of a | 754 |
|
protection order or consent agreement, or for obtaining a | 755 |
|
certified copy of a protection order or consent agreement. | 756 |
| (2) The punishment of a person for contempt of court for | 763 |
|
violation of a protection order issued under this section does not | 764 |
|
bar criminal prosecution of the person for a violation of section | 765 |
|
2919.27 of the Revised Code. However, a person punished for | 766 |
|
contempt of court is entitled to credit for the punishment imposed | 767 |
|
upon conviction of a violation of that section, and a person | 768 |
|
convicted of a violation of that section shall not subsequently be | 769 |
|
punished for contempt of court arising out of the same activity. | 770 |
| (M)(1) A petitioner who obtains a protection order under this | 773 |
|
section or a protection order under section 2903.213 of the | 774 |
|
Revised Code may provide notice of the issuance or approval of the | 775 |
|
order to the judicial and law enforcement officials in any county | 776 |
|
other than the county in which the order is issued by registering | 777 |
|
that order in the other county pursuant to division (M)(2) of this | 778 |
|
section and filing a copy of the registered order with a law | 779 |
|
enforcement agency in the other county in accordance with that | 780 |
|
division. A person who obtains a protection order issued by a | 781 |
|
court of another state may provide notice of the issuance of the | 782 |
|
order to the judicial and law enforcement officials in any county | 783 |
|
of this state by registering the order in that county pursuant to | 784 |
|
section 2919.272 of the Revised Code and filing a copy of the | 785 |
|
registered order with a law enforcement agency in that county. | 786 |
| (N)(1) If the court orders electronic monitoring of the | 806 |
|
respondent under this section, the court shall direct the | 807 |
|
sheriff's office or any other appropriate law enforcement agency | 808 |
|
to install the electronic monitoring device and to monitor the | 809 |
|
respondent. Unless the court determines that the respondent is | 810 |
|
indigent, the court shall order the respondent to pay the cost of | 811 |
|
the installation and monitoring of the electronic monitoring | 812 |
|
device. If the court determines that the respondent is indigent | 813 |
|
and subject to the maximum amount allowable to be paid in any year | 814 |
|
from the fund and the rules promulgated by the attorney general | 815 |
|
under division (N)(2) of this section, the cost of the | 816 |
|
installation and monitoring of the electronic monitoring device | 817 |
|
may be paid out of funds from the reparations fund created | 818 |
|
pursuant to section 2743.191 of the Revised Code. The total amount | 819 |
|
of costs for the installation and monitoring of electronic | 820 |
|
monitoring devices paid pursuant to this division and sections | 821 |
|
2151.34 and 2919.27 of the Revised Code from the reparations fund | 822 |
|
shall not exceed three hundred thousand dollars per year. | 823 |
| (2) The attorney general may promulgate rules pursuant to | 824 |
|
section 111.15 of the Revised Code to govern payments made from | 825 |
|
the reparations fund pursuant to this division and sections | 826 |
|
2151.34 and 2919.27 of the Revised Code. The rules may include | 827 |
|
reasonable limits on the total cost paid pursuant to this division | 828 |
|
and sections 2151.34 and 2919.27 of the Revised Code per | 829 |
|
respondent, the amount of the three hundred thousand dollars | 830 |
|
allocated to each county, and how invoices may be submitted by a | 831 |
|
county, court, or other entity. | 832 |
| Sec. 2919.26. (A)(1) Upon the filing of a complaint that | 833 |
|
alleges a violation of section 2909.06, 2909.07, 2911.12, or | 834 |
|
2911.211 of the Revised Code if the alleged victim of the | 835 |
|
violation was a family or household member at the time of the | 836 |
|
violation, a violation of a municipal ordinance that is | 837 |
|
substantially similar to any of those sections if the alleged | 838 |
|
victim of the violation was a family or household member at the | 839 |
|
time of the violation, any offense of violence if the alleged | 840 |
|
victim of the offense was a family or household member at the time | 841 |
|
of the commission of the offense, or any sexually oriented offense | 842 |
|
if the alleged victim of the offense was a family or household | 843 |
|
member at the time of the commission of the offense, the | 844 |
|
complainant, the alleged victim, or a family or household member | 845 |
|
of an alleged victim may file, or, if in an emergency the alleged | 846 |
|
victim is unable to file, a person who made an arrest for the | 847 |
|
alleged violation or offense under section 2935.03 of the Revised | 848 |
|
Code may file on behalf of the alleged victim, a motion that | 849 |
|
requests the issuance of a temporary protection order as a | 850 |
|
pretrial condition of release of the alleged offender, in addition | 851 |
|
to any bail set under Criminal Rule 46. The motion shall be filed | 852 |
|
with the clerk of the court that has jurisdiction of the case at | 853 |
|
any time after the filing of the complaint. | 854 |
| (2) For purposes of section 2930.09 of the Revised Code, all | 855 |
|
stages of a proceeding arising out of a complaint alleging the | 856 |
|
commission of a violation, offense of violence, or sexually | 857 |
|
oriented offense described in division (A)(1) of this section, | 858 |
|
including all proceedings on a motion for a temporary protection | 859 |
|
order, are critical stages of the case, and a victim may be | 860 |
|
accompanied by a victim advocate or another person to provide | 861 |
|
support to the victim as provided in that section. | 862 |
| A complaint, a copy of which has been attached to this | 879 |
|
motion, has been filed in this court charging the named defendant | 880 |
|
with .......................... (name of the specified violation, | 881 |
|
the offense of violence, or sexually oriented offense charged) in | 882 |
|
circumstances in which the victim was a family or household member | 883 |
|
in violation of (section of the Revised Code designating the | 884 |
|
specified violation, offense of violence, or sexually oriented | 885 |
|
offense charged), or charging the named defendant with a violation | 886 |
|
of a municipal ordinance that is substantially similar to | 887 |
|
........................ (section of the Revised Code designating | 888 |
|
the specified violation, offense of violence, or sexually oriented | 889 |
|
offense charged) involving a family or household member. | 890 |
| I understand that I must appear before the court, at a time | 891 |
|
set by the court within twenty-four hours after the filing of this | 892 |
|
motion, for a hearing on the motion or that, if I am unable to | 893 |
|
appear because of hospitalization or a medical condition resulting | 894 |
|
from the offense alleged in the complaint, a person who can | 895 |
|
provide information about my need for a temporary protection order | 896 |
|
must appear before the court in lieu of my appearing in court. I | 897 |
|
understand that any temporary protection order granted pursuant to | 898 |
|
this motion is a pretrial condition of release and is effective | 899 |
|
only until the disposition of the criminal proceeding arising out | 900 |
|
of the attached complaint, or the issuance of a civil protection | 901 |
|
order or the approval of a consent agreement, arising out of the | 902 |
|
same activities as those that were the basis of the complaint, | 903 |
|
under section 3113.31 of the Revised Code. | 904 |
| (C)(1) As soon as possible after the filing of a motion that | 912 |
|
requests the issuance of a temporary protection order, but not | 913 |
|
later than twenty-four hours after the filing of the motion, the | 914 |
|
court shall conduct a hearing to determine whether to issue the | 915 |
|
order. The person who requested the order shall appear before the | 916 |
|
court and provide the court with the information that it requests | 917 |
|
concerning the basis of the motion. If the person who requested | 918 |
|
the order is unable to appear and if the court finds that the | 919 |
|
failure to appear is because of the person's hospitalization or | 920 |
|
medical condition resulting from the offense alleged in the | 921 |
|
complaint, another person who is able to provide the court with | 922 |
|
the information it requests may appear in lieu of the person who | 923 |
|
requested the order. If the court finds that the safety and | 924 |
|
protection of the complainant, alleged victim, or any other family | 925 |
|
or household member of the alleged victim may be impaired by the | 926 |
|
continued presence of the alleged offender, the court may issue a | 927 |
|
temporary protection order, as a pretrial condition of release, | 928 |
|
that contains terms designed to ensure the safety and protection | 929 |
|
of the complainant, alleged victim, or the family or household | 930 |
|
member, including a requirement that the alleged offender refrain | 931 |
|
from entering the residence, school, business, or place of | 932 |
|
employment of the complainant, alleged victim, or the family or | 933 |
|
household member.
The court may include within a protection order | 934 |
|
issued under this section a term requiring that the alleged | 935 |
|
offender not remove, damage, hide, harm, or dispose of any | 936 |
|
companion animal owned or possessed by the complainant, alleged | 937 |
|
victim, or any other family or household member of the alleged | 938 |
|
victim, and may include within the order a term authorizing the | 939 |
|
complainant, alleged victim, or other family or household member | 940 |
|
of the alleged victim to remove a companion animal owned by the | 941 |
|
complainant, alleged victim, or other family or household member | 942 |
|
from the possession of the alleged offender. | 943 |
| (2)(a) If the court issues a temporary protection order that | 944 |
|
includes a requirement that the alleged offender refrain from | 945 |
|
entering the residence, school, business, or place of employment | 946 |
|
of the complainant, the alleged victim, or the family or household | 947 |
|
member, the order shall state clearly that the order cannot be | 948 |
|
waived or nullified by an invitation to the alleged offender from | 949 |
|
the complainant, alleged victim, or family or household member to | 950 |
|
enter the residence, school, business, or place of employment or | 951 |
|
by the alleged offender's entry into one of those places otherwise | 952 |
|
upon the consent of the complainant, alleged victim, or family or | 953 |
|
household member. | 954 |
| (b) Division (C)(2)(a) of this section does not limit any | 955 |
|
discretion of a court to determine that an alleged offender | 956 |
|
charged with a violation of section 2919.27 of the Revised Code, | 957 |
|
with a violation of a municipal ordinance substantially equivalent | 958 |
|
to that section, or with contempt of court, which charge is based | 959 |
|
on an alleged violation of a temporary protection order issued | 960 |
|
under this section, did not commit the violation or was not in | 961 |
|
contempt of court. | 962 |
| (D)(1) Upon the filing of a complaint that alleges a | 963 |
|
violation of section 2909.06, 2909.07, 2911.12, or 2911.211 of the | 964 |
|
Revised Code if the alleged victim of the violation was a family | 965 |
|
or household member at the time of the violation, a violation of a | 966 |
|
municipal ordinance that is substantially similar to any of those | 967 |
|
sections if the alleged victim of the violation was a family or | 968 |
|
household member at the time of the violation, any offense of | 969 |
|
violence if the alleged victim of the offense was a family or | 970 |
|
household member at the time of the commission of the offense, or | 971 |
|
any sexually oriented offense if the alleged victim of the offense | 972 |
|
was a family or household member at the time of the commission of | 973 |
|
the offense, the court, upon its own motion, may issue a temporary | 974 |
|
protection order as a pretrial condition of release if it finds | 975 |
|
that the safety and protection of the complainant, alleged victim, | 976 |
|
or other family or household member of the alleged offender may be | 977 |
|
impaired by the continued presence of the alleged offender. | 978 |
| (2) If the court issues a temporary protection order under | 979 |
|
this section as an ex parte order, it shall conduct, as soon as | 980 |
|
possible after the issuance of the order, a hearing in the | 981 |
|
presence of the alleged offender not later than the next day on | 982 |
|
which the court is scheduled to conduct business after the day on | 983 |
|
which the alleged offender was arrested or at the time of the | 984 |
|
appearance of the alleged offender pursuant to summons to | 985 |
|
determine whether the order should remain in effect, be modified, | 986 |
|
or be revoked. The hearing shall be conducted under the standards | 987 |
|
set forth in division (C) of this section. | 988 |
| (4) If a municipal court or a county court issues a temporary | 992 |
|
protection order under this section and if, subsequent to the | 993 |
|
issuance of the order, the alleged offender who is the subject of | 994 |
|
the order is bound over to the court of common pleas for | 995 |
|
prosecution of a felony arising out of the same activities as | 996 |
|
those that were the basis of the complaint upon which the order is | 997 |
|
based, notwithstanding the fact that the order was issued by a | 998 |
|
municipal court or county court, the order shall remain in effect, | 999 |
|
as though it were an order of the court of common pleas, while the | 1000 |
|
charges against the alleged offender are pending in the court of | 1001 |
|
common pleas, for the period of time described in division (E)(2) | 1002 |
|
of this section, and the court of common pleas has exclusive | 1003 |
|
jurisdiction to modify the order issued by the municipal court or | 1004 |
|
county court. This division applies when the alleged offender is | 1005 |
|
bound over to the court of common pleas as a result of the person | 1006 |
|
waiving a preliminary hearing on the felony charge, as a result of | 1007 |
|
the municipal court or county court having determined at a | 1008 |
|
preliminary hearing that there is probable cause to believe that | 1009 |
|
the felony has been committed and that the alleged offender | 1010 |
|
committed it, as a result of the alleged offender having been | 1011 |
|
indicted for the felony, or in any other manner. | 1012 |
| (G)(1) A copy of any temporary protection order that is | 1038 |
|
issued under this section shall be issued by the court to the | 1039 |
|
complainant, to the alleged victim, to the person who requested | 1040 |
|
the order, to the defendant, and to all law enforcement agencies | 1041 |
|
that have jurisdiction to enforce the order. The court shall | 1042 |
|
direct that a copy of the order be delivered to the defendant on | 1043 |
|
the same day that the order is entered. If a municipal court or a | 1044 |
|
county court issues a temporary protection order under this | 1045 |
|
section and if, subsequent to the issuance of the order, the | 1046 |
|
defendant who is the subject of the order is bound over to the | 1047 |
|
court of common pleas for prosecution as described in division | 1048 |
|
(D)(4) of this section, the municipal court or county court shall | 1049 |
|
direct that a copy of the order be delivered to the court of | 1050 |
|
common pleas to which the defendant is bound over. | 1051 |
| (4) A complainant, alleged victim, or other person who | 1067 |
|
obtains a temporary protection order under this section may | 1068 |
|
provide notice of the issuance of the temporary protection order | 1069 |
|
to the judicial and law enforcement officials in any county other | 1070 |
|
than the county in which the order is issued by registering that | 1071 |
|
order in the other county in accordance with division (N) of | 1072 |
|
section 3113.31 of the Revised Code and filing a copy of the | 1073 |
|
registered protection order with a law enforcement agency in the | 1074 |
|
other county in accordance with that division. | 1075 |
| (2) If a complaint is filed that alleges that a person | 1090 |
|
committed a violation, offense of violence, or sexually oriented | 1091 |
|
offense of the type described in division (A) of this section, the | 1092 |
|
court may not issue a temporary protection order under this | 1093 |
|
section that requires the complainant, the alleged victim, or | 1094 |
|
another family or household member of the defendant to do or | 1095 |
|
refrain from doing an act that the court may require the defendant | 1096 |
|
to do or refrain from doing under a temporary protection order | 1097 |
|
unless both of the following apply: | 1098 |
| (b) The court determines that both the complainant, alleged | 1104 |
|
victim, or other family or household member in question who would | 1105 |
|
be required under the order to do or refrain from doing the act | 1106 |
|
and the defendant acted primarily as aggressors, that neither the | 1107 |
|
complainant, alleged victim, or other family or household member | 1108 |
|
in question who would be required under the order to do or refrain | 1109 |
|
from doing the act nor the defendant acted primarily in | 1110 |
|
self-defense, and, in accordance with the standards and criteria | 1111 |
|
of this section as applied in relation to the separate complaint | 1112 |
|
filed by the defendant, that it should issue the order to require | 1113 |
|
the complainant, alleged victim, or other family or household | 1114 |
|
member in question to do or refrain from doing the act. | 1115 |
| (J) Notwithstanding any provision of law to the contrary and | 1116 |
|
regardless of whether a protection order is issued or a consent | 1117 |
|
agreement is approved by a court of another county or a court of | 1118 |
|
another state, no court or unit of state or local government shall | 1119 |
|
charge any fee, cost, deposit, or money in connection with the | 1120 |
|
filing of a motion pursuant to this section, in connection with | 1121 |
|
the filing, issuance, registration, or service of a protection | 1122 |
|
order or consent agreement, or for obtaining a certified copy of a | 1123 |
|
protection order or consent agreement. | 1124 |
| (D)(1) If a person who files a petition pursuant to this | 1194 |
|
section requests an ex parte order, the court shall hold an ex | 1195 |
|
parte hearing on the same day that the petition is filed. The | 1196 |
|
court, for good cause shown at the ex parte hearing, may enter any | 1197 |
|
temporary orders, with or without bond, including, but not limited | 1198 |
|
to, an order described in division (E)(1)(a), (b), or (c) of this | 1199 |
|
section, that the court finds necessary to protect the family or | 1200 |
|
household member from domestic violence. Immediate and present | 1201 |
|
danger of domestic violence to the family or household member | 1202 |
|
constitutes good cause for purposes of this section. Immediate and | 1203 |
|
present danger includes, but is not limited to, situations in | 1204 |
|
which the respondent has threatened the family or household member | 1205 |
|
with bodily harm, in which the respondent has threatened the | 1206 |
|
family or household member with a sexually oriented offense, or in | 1207 |
|
which the respondent previously has been convicted of, pleaded | 1208 |
|
guilty to, or been adjudicated a delinquent child for an offense | 1209 |
|
that constitutes domestic violence against the family or household | 1210 |
|
member. | 1211 |
| (2)(a) If the court, after an ex parte hearing, issues an | 1212 |
|
order described in division (E)(1)(b) or (c) of this section, the | 1213 |
|
court shall schedule a full hearing for a date that is within | 1214 |
|
seven court days after the ex parte hearing. If any other type of | 1215 |
|
protection order that is authorized under division (E) of this | 1216 |
|
section is issued by the court after an ex parte hearing, the | 1217 |
|
court shall schedule a full hearing for a date that is within ten | 1218 |
|
court days after the ex parte hearing. The court shall give the | 1219 |
|
respondent notice of, and an opportunity to be heard at, the full | 1220 |
|
hearing. The court shall hold the full hearing on the date | 1221 |
|
scheduled under this division unless the court grants a | 1222 |
|
continuance of the hearing in accordance with this division. Under | 1223 |
|
any of the following circumstances or for any of the following | 1224 |
|
reasons, the court may grant a continuance of the full hearing to | 1225 |
|
a reasonable time determined by the court: | 1226 |
| (b) Grant possession of the residence or household to the | 1252 |
|
petitioner or other family or household member, to the exclusion | 1253 |
|
of the respondent, by evicting the respondent, when the residence | 1254 |
|
or household is owned or leased solely by the petitioner or other | 1255 |
|
family or household member, or by ordering the respondent to | 1256 |
|
vacate the premises, when the residence or household is jointly | 1257 |
|
owned or leased by the respondent, and the petitioner or other | 1258 |
|
family or household member; | 1259 |
| (c) When the respondent has a duty to support the petitioner | 1260 |
|
or other family or household member living in the residence or | 1261 |
|
household and the respondent is the sole owner or lessee of the | 1262 |
|
residence or household, grant possession of the residence or | 1263 |
|
household to the petitioner or other family or household member, | 1264 |
|
to the exclusion of the respondent, by ordering the respondent to | 1265 |
|
vacate the premises, or, in the case of a consent agreement, allow | 1266 |
|
the respondent to provide suitable, alternative housing; | 1267 |
| (2) If a protection order has been issued pursuant to this | 1292 |
|
section in a prior action involving the respondent and the | 1293 |
|
petitioner or one or more of the family or household members or | 1294 |
|
victims, the court may include in a protection order that it | 1295 |
|
issues a prohibition against the respondent returning to the | 1296 |
|
residence or household. If it includes a prohibition against the | 1297 |
|
respondent returning to the residence or household in the order, | 1298 |
|
it also shall include in the order provisions of the type | 1299 |
|
described in division (E)(7) of this section. This division does | 1300 |
|
not preclude the court from including in a protection order or | 1301 |
|
consent agreement, in circumstances other than those described in | 1302 |
|
this division, a requirement that the respondent be evicted from | 1303 |
|
or vacate the residence or household or refrain from entering the | 1304 |
|
residence, school, business, or place of employment of the | 1305 |
|
petitioner or a family or household member, and, if the court | 1306 |
|
includes any requirement of that type in an order or agreement, | 1307 |
|
the court also shall include in the order provisions of the type | 1308 |
|
described in division (E)(7) of this section. | 1309 |
| (b) Subject to the limitation on the duration of an order or | 1317 |
|
agreement set forth in division (E)(3)(a) of this section, any | 1318 |
|
order under division (E)(1)(d) of this section shall terminate on | 1319 |
|
the date that a court in an action for divorce, dissolution of | 1320 |
|
marriage, or legal separation brought by the petitioner or | 1321 |
|
respondent issues an order allocating parental rights and | 1322 |
|
responsibilities for the care of children or on the date that a | 1323 |
|
juvenile court in an action brought by the petitioner or | 1324 |
|
respondent issues an order awarding legal custody of minor | 1325 |
|
children. Subject to the limitation on the duration of an order or | 1326 |
|
agreement set forth in division (E)(3)(a) of this section, any | 1327 |
|
order under division (E)(1)(e) of this section shall terminate on | 1328 |
|
the date that a court in an action for divorce, dissolution of | 1329 |
|
marriage, or legal separation brought by the petitioner or | 1330 |
|
respondent issues a support order or on the date that a juvenile | 1331 |
|
court in an action brought by the petitioner or respondent issues | 1332 |
|
a support order. | 1333 |
| (d) After a full hearing at which the respondent presents | 1353 |
|
evidence in support of the request for a protection order and the | 1354 |
|
petitioner is afforded an opportunity to defend against that | 1355 |
|
evidence, the court determines that the petitioner has committed | 1356 |
|
an act of domestic violence or has violated a temporary protection | 1357 |
|
order issued pursuant to section 2919.26 of the Revised Code, that | 1358 |
|
both the petitioner and the respondent acted primarily as | 1359 |
|
aggressors, and that neither the petitioner nor the respondent | 1360 |
|
acted primarily in self-defense. | 1361 |
| (6)(a) If a petitioner, or the child of a petitioner, who | 1365 |
|
obtains a protection order or consent agreement pursuant to | 1366 |
|
division (E)(1) of this section or a temporary protection order | 1367 |
|
pursuant to section 2919.26 of the Revised Code and is the subject | 1368 |
|
of a parenting time order issued pursuant to section 3109.051 or | 1369 |
|
3109.12 of the Revised Code or a visitation or companionship order | 1370 |
|
issued pursuant to section 3109.051, 3109.11, or 3109.12 of the | 1371 |
|
Revised Code or division (E)(1)(d) of this section granting | 1372 |
|
parenting time rights to the respondent, the court may require the | 1373 |
|
public children services agency of the county in which the court | 1374 |
|
is located to provide supervision of the respondent's exercise of | 1375 |
|
parenting time or visitation or companionship rights with respect | 1376 |
|
to the child for a period not to exceed nine months, if the court | 1377 |
|
makes the following findings of fact: | 1378 |
| (7)(a) If a protection order issued or consent agreement | 1387 |
|
approved under this section includes a requirement that the | 1388 |
|
respondent be evicted from or vacate the residence or household or | 1389 |
|
refrain from entering the residence, school, business, or place of | 1390 |
|
employment of the petitioner or a family or household member, the | 1391 |
|
order or agreement shall state clearly that the order or agreement | 1392 |
|
cannot be waived or nullified by an invitation to the respondent | 1393 |
|
from the petitioner or other family or household member to enter | 1394 |
|
the residence, school, business, or place of employment or by the | 1395 |
|
respondent's entry into one of those places otherwise upon the | 1396 |
|
consent of the petitioner or other family or household member. | 1397 |
| (b) Division (E)(7)(a) of this section does not limit any | 1398 |
|
discretion of a court to determine that a respondent charged with | 1399 |
|
a violation of section 2919.27 of the Revised Code, with a | 1400 |
|
violation of a municipal ordinance substantially equivalent to | 1401 |
|
that section, or with contempt of court, which charge is based on | 1402 |
|
an alleged violation of a protection order issued or consent | 1403 |
|
agreement approved under this section, did not commit the | 1404 |
|
violation or was not in contempt of court. | 1405 |
| (b) Either the petitioner or the respondent of the original | 1413 |
|
protection order or consent agreement may bring a motion for | 1414 |
|
modification or termination of a protection order or consent | 1415 |
|
agreement that was issued or approved after a full hearing. The | 1416 |
|
court shall require notice of the motion to be made as provided by | 1417 |
|
the Rules of Civil Procedure. If the petitioner for the original | 1418 |
|
protection order or consent agreement has requested that the | 1419 |
|
petitioner's address be kept confidential, the court shall not | 1420 |
|
disclose the address to the respondent of the original protection | 1421 |
|
order or consent agreement or any other person, except as | 1422 |
|
otherwise required by law. The moving party has the burden of | 1423 |
|
proof to show, by a preponderance of the evidence, that | 1424 |
|
modification or termination of the protection order or consent | 1425 |
|
agreement is appropriate because either the protection order or | 1426 |
|
consent agreement is no longer needed or because the terms of the | 1427 |
|
original protection order or consent agreement are no longer | 1428 |
|
appropriate. | 1429 |
| (9) Any protection order issued or any consent agreement | 1480 |
|
approved pursuant to this section shall include a provision that | 1481 |
|
the court will automatically seal all of the records of the | 1482 |
|
proceeding in which the order is issued or agreement approved on | 1483 |
|
the date the respondent attains the age of nineteen years unless | 1484 |
|
the petitioner provides the court with evidence that the | 1485 |
|
respondent has not complied with all of the terms of the | 1486 |
|
protection order or consent agreement. The protection order or | 1487 |
|
consent agreement shall specify the date when the respondent | 1488 |
|
attains the age of nineteen years. | 1489 |
| (F)(1) A copy of any protection order, or consent agreement, | 1490 |
|
that is issued, approved, modified, or terminated under this | 1491 |
|
section shall be issued by the court to the petitioner, to the | 1492 |
|
respondent, and to all law enforcement agencies that have | 1493 |
|
jurisdiction to enforce the order or agreement. The court shall | 1494 |
|
direct that a copy of an order be delivered to the respondent on | 1495 |
|
the same day that the order is entered. | 1496 |
| (G) Any proceeding under this section shall be conducted in | 1522 |
|
accordance with the Rules of Civil Procedure, except that an order | 1523 |
|
under this section may be obtained with or without bond. An order | 1524 |
|
issued under this section, other than an ex parte order, that | 1525 |
|
grants a protection order or approves a consent agreement, that | 1526 |
|
refuses to grant a protection order or approve a consent agreement | 1527 |
|
that modifies or terminates a protection order or consent | 1528 |
|
agreement, or that refuses to modify or terminate a protection | 1529 |
|
order or consent agreement, is a final, appealable order. The | 1530 |
|
remedies and procedures provided in this section are in addition | 1531 |
|
to, and not in lieu of, any other available civil or criminal | 1532 |
|
remedies. | 1533 |
| (H) The filing of proceedings under this section does not | 1534 |
|
excuse a person from filing any report or giving any notice | 1535 |
|
required by section 2151.421 of the Revised Code or by any other | 1536 |
|
law. When a petition under this section alleges domestic violence | 1537 |
|
against minor children, the court shall report the fact, or cause | 1538 |
|
reports to be made, to a county, township, or municipal peace | 1539 |
|
officer under section 2151.421 of the Revised Code. | 1540 |
| (J) Notwithstanding any provision of law to the contrary and | 1545 |
|
regardless of whether a protection order is issued or a consent | 1546 |
|
agreement is approved by a court of another county or a court of | 1547 |
|
another state, no court or unit of state or local government shall | 1548 |
|
charge any fee, cost, deposit, or money in connection with the | 1549 |
|
filing of a petition pursuant to this section or in connection | 1550 |
|
with the filing, issuance, registration, or service of a | 1551 |
|
protection order or consent agreement, or for obtaining a | 1552 |
|
certified copy of a protection order or consent agreement. | 1553 |
| (2) If any person required to pay child support under an | 1557 |
|
order made under this section on or after April 15, 1985, or | 1558 |
|
modified under this section on or after December 31, 1986, is | 1559 |
|
found in contempt of court for failure to make support payments | 1560 |
|
under the order, the court that makes the finding, in addition to | 1561 |
|
any other penalty or remedy imposed, shall assess all court costs | 1562 |
|
arising out of the contempt proceeding against the person and | 1563 |
|
require the person to pay any reasonable attorney's fees of any | 1564 |
|
adverse party, as determined by the court, that arose in relation | 1565 |
|
to the act of contempt. | 1566 |
| (2) The punishment of a person for contempt of court for | 1575 |
|
violation of a protection order issued or a consent agreement | 1576 |
|
approved under this section does not bar criminal prosecution of | 1577 |
|
the person or a delinquent child proceeding concerning the person | 1578 |
|
for a violation of section 2919.27 of the Revised Code. However, a | 1579 |
|
person punished for contempt of court is entitled to credit for | 1580 |
|
the punishment imposed upon conviction of or adjudication as a | 1581 |
|
delinquent child for a violation of that section, and a person | 1582 |
|
convicted of or adjudicated a delinquent child for a violation of | 1583 |
|
that section shall not subsequently be punished for contempt of | 1584 |
|
court arising out of the same activity. | 1585 |
| (N)(1) A petitioner who obtains a protection order or consent | 1588 |
|
agreement under this section or a temporary protection order under | 1589 |
|
section 2919.26 of the Revised Code may provide notice of the | 1590 |
|
issuance or approval of the order or agreement to the judicial and | 1591 |
|
law enforcement officials in any county other than the county in | 1592 |
|
which the order is issued or the agreement is approved by | 1593 |
|
registering that order or agreement in the other county pursuant | 1594 |
|
to division (N)(2) of this section and filing a copy of the | 1595 |
|
registered order or registered agreement with a law enforcement | 1596 |
|
agency in the other county in accordance with that division. A | 1597 |
|
person who obtains a protection order issued by a court of another | 1598 |
|
state may provide notice of the issuance of the order to the | 1599 |
|
judicial and law enforcement officials in any county of this state | 1600 |
|
by registering the order in that county pursuant to section | 1601 |
|
2919.272 of the Revised Code and filing a copy of the registered | 1602 |
|
order with a law enforcement agency in that county. | 1603 |