Bill Text: OH HB105 | 2011-2012 | 129th General Assembly | Introduced

---

Bill Title: To allow an employee who is a victim of domestic violence to take unpaid leave for purposes relating to the incident of domestic violence, to allow an employee who is a victim of domestic violence to file a civil action against that employee's employer if the employer terminates the employee as a result of the employee taking unpaid leave for purposes relating to the incident of domestic violence, to allow a tenant who is a victim of domestic violence to terminate a rental agreement or have the tenant's name removed from the rental agreement under certain circumstances, to require a landlord of a tenant who is a victim of domestic violence or menacing by stalking to change the lock to the dwelling unit where the tenant resides under certain circumstances, to require a metropolitan housing authority to transfer a tenant who is a victim of domestic violence or menacing by stalking if the tenant requests such a transfer and provides the metropolitan housing authority with certain specified information, and to prohibit a county, municipal corporation, township, or law enforcement agency of such a political subdivision from charging any victim of domestic violence a fee for assisting the victim.

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Introduced - Dead) 2011-02-16 - To Judiciary & Ethics [HB105 Detail]

Download: Ohio-2011-HB105-Introduced.html

---

As Introduced

129th General Assembly Regular Session 2011-2012

H. B. No. 105

Representative Murray 

Cosponsors: Representatives Driehaus, Garland, Weddington, Hagan, Pillich, Yuko, Phillips, Clyde 

---

A BILL

To amend section 3113.31 and to enact sections 9.131,

1

4113.80, 4113.81, 5321.171, 5321.172, 5321.173,

2

5321.174, and 5321.175 of the Revised Code to

3

allow an employee who is a victim of domestic

4

violence to take unpaid leave for purposes

5

relating to the incident of domestic violence, to

6

allow an employee who is a victim of domestic

7

violence to file a civil action against that

8

employee's employer if the employer terminates the

9

employee as a result of the employee taking unpaid

10

leave for purposes relating to the incident of

11

domestic violence, to allow a tenant who is a

12

victim of domestic violence to terminate a rental

13

agreement or have the tenant's name removed from

14

the rental agreement under certain circumstances,

15

to require a landlord of a tenant who is a victim

16

of domestic violence or menacing by stalking to

17

change the lock to the dwelling unit where the

18

tenant resides under certain circumstances, to

19

require a metropolitan housing authority to

20

transfer a tenant who is a victim of domestic

21

violence or menacing by stalking if the tenant

22

requests such a transfer and provides the

23

metropolitan housing authority with certain

24

specified information, and to prohibit a county,

25

municipal corporation, township, or law

26

enforcement agency of such a political subdivision

27

from charging any victim of domestic violence a

28

fee for assisting the victim.

29

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That section 3113.31 be amended and sections	30
9.131, 4113.80, 4113.81, 5321.171, 5321.172, 5321.173, 5321.174,	31
and 5321.175 of the Revised Code be enacted to read as follows:	32

Sec. 9.131.  No county, municipal corporation, or township,	33
nor any law enforcement agency of a county, municipal corporation,	34
or township, may charge any victim of domestic violence or any	35
property owner where a victim of domestic violence resides for any	36
assistance that law enforcement officers provide to a victim of	37
domestic violence.	38

As used in this section, "domestic violence" has the same	39
meaning as in section 4113.80 of the Revised Code.	40

Sec. 3113.31.  (A) As used in this section:

41

(1) "Domestic violence" means the occurrence of one or more	42
of the following acts against a family or household member:	43

(a) Attempting to cause or recklessly causing bodily injury;

44

(b) Placing another person by the threat of force in fear of	45
imminent serious physical harm or committing a violation of	46
section 2903.211 or 2911.211 of the Revised Code;	47

(c) Committing any act with respect to a child that would	48
result in the child being an abused child, as defined in section	49
2151.031 of the Revised Code;	50

(d) Committing a sexually oriented offense.

51

(2) "Court" means the domestic relations division of the	52
court of common pleas in counties that have a domestic relations	53
division and the court of common pleas in counties that do not	54
have a domestic relations division, or the juvenile division of	55
the court of common pleas of the county in which the person to be	56
protected by a protection order issued or a consent agreement	57
approved under this section resides if the respondent is less than	58
eighteen years of age.	59

(3) "Family or household member" means any of the following:

60

(a) Any of the following who is residing with or has resided	61
with the respondent:	62

(i) A spouse, a person living as a spouse, or a former spouse	63
of the respondent;	64

(ii) A parent, a foster parent, or a child of the respondent,	65
or another person related by consanguinity or affinity to the	66
respondent;	67

(iii) A parent or a child of a spouse, person living as a	68
spouse, or former spouse of the respondent, or another person	69
related by consanguinity or affinity to a spouse, person living as	70
a spouse, or former spouse of the respondent.	71

(b) The natural parent of any child of whom the respondent is	72
the other natural parent or is the putative other natural parent.	73

(4) "Person living as a spouse" means a person who is living	74
or has lived with the respondent in a common law marital	75
relationship, who otherwise is cohabiting with the respondent, or	76
who otherwise has cohabited with the respondent within five years	77
prior to the date of the alleged occurrence of the act in	78
question.	79

(5) "Victim advocate" means a person who provides support and	80
assistance for a person who files a petition under this section.	81

(6) "Sexually oriented offense" has the same meaning as in	82
section 2950.01 of the Revised Code.	83

(B) The court has jurisdiction over all proceedings under	84
this section. The petitioner's right to relief under this section	85
is not affected by the petitioner's leaving the residence or	86
household to avoid further domestic violence.	87

(C) A person may seek relief under this section on the	88
person's own behalf, or any parent or adult household member may	89
seek relief under this section on behalf of any other family or	90
household member, by filing a petition with the court. The	91
petition shall contain or state:	92

(1) An allegation that the respondent engaged in domestic	93
violence against a family or household member of the respondent,	94
including a description of the nature and extent of the domestic	95
violence;	96

(2) The relationship of the respondent to the petitioner, and	97
to the victim if other than the petitioner;	98

(3) A request for relief under this section.

99

(D)(1) If a person who files a petition pursuant to this	100
section requests an ex parte order, the court shall hold an ex	101
parte hearing on the same day that the petition is filed. The	102
court, for good cause shown at the ex parte hearing, may enter any	103
temporary orders, with or without bond, including, but not limited	104
to, an order described in division (E)(1)(a), (b), or (c) of this	105
section, that the court finds necessary to protect the family or	106
household member from domestic violence. Immediate and present	107
danger of domestic violence to the family or household member	108
constitutes good cause for purposes of this section. Immediate and	109
present danger includes, but is not limited to, situations in	110
which the respondent has threatened the family or household member	111
with bodily harm, in which the respondent has threatened the	112
family or household member with a sexually oriented offense, or in	113
which the respondent previously has been convicted of, pleaded	114
guilty to, or been adjudicated a delinquent child for an offense	115
that constitutes domestic violence against the family or household	116
member.	117

(2)(a) If the court, after an ex parte hearing, issues an	118
order described in division (E)(1)(b) or (c) of this section, the	119
court shall schedule a full hearing for a date that is within	120
seven court days after the ex parte hearing. If any other type of	121
protection order that is authorized under division (E) of this	122
section is issued by the court after an ex parte hearing, the	123
court shall schedule a full hearing for a date that is within ten	124
court days after the ex parte hearing. The court shall give the	125
respondent notice of, and an opportunity to be heard at, the full	126
hearing. The court shall hold the full hearing on the date	127
scheduled under this division unless the court grants a	128
continuance of the hearing in accordance with this division. Under	129
any of the following circumstances or for any of the following	130
reasons, the court may grant a continuance of the full hearing to	131
a reasonable time determined by the court:	132

(i) Prior to the date scheduled for the full hearing under	133
this division, the respondent has not been served with the	134
petition filed pursuant to this section and notice of the full	135
hearing.	136

(ii) The parties consent to the continuance.

137

(iii) The continuance is needed to allow a party to obtain	138
counsel.	139

(iv) The continuance is needed for other good cause.

140

(b) An ex parte order issued under this section does not	141
expire because of a failure to serve notice of the full hearing	142
upon the respondent before the date set for the full hearing under	143
division (D)(2)(a) of this section or because the court grants a	144
continuance under that division.	145

(3) If a person who files a petition pursuant to this section	146
does not request an ex parte order, or if a person requests an ex	147
parte order but the court does not issue an ex parte order after	148
an ex parte hearing, the court shall proceed as in a normal civil	149
action and grant a full hearing on the matter.	150

(E)(1) After an ex parte or full hearing, the court may grant	151
any protection order, with or without bond, or approve any consent	152
agreement to bring about a cessation of domestic violence against	153
the family or household members. The order or agreement may:	154

(a) Direct the respondent to refrain from abusing or from	155
committing sexually oriented offenses against the family or	156
household members;	157

(b) Grant possession of the residence or household to the	158
petitioner or other family or household member, to the exclusion	159
of the respondent, by evicting the respondent, when the residence	160
or household is owned or leased solely by the petitioner or other	161
family or household member, or by ordering the respondent to	162
vacate the premises, when the residence or household is jointly	163
owned or leased by the respondent, and the petitioner or other	164
family or household member;	165

(c) When the respondent has a duty to support the petitioner	166
or other family or household member living in the residence or	167
household and the respondent is the sole owner or lessee of the	168
residence or household, grant possession of the residence or	169
household to the petitioner or other family or household member,	170
to the exclusion of the respondent, by ordering the respondent to	171
vacate the premises, or, in the case of a consent agreement, allow	172
the respondent to provide suitable, alternative housing;	173

(d) Temporarily allocate parental rights and responsibilities	174
for the care of, or establish temporary parenting time rights with	175
regard to, minor children, if no other court has determined, or is	176
determining, the allocation of parental rights and	177
responsibilities for the minor children or parenting time rights;	178

(e) Require the respondent to maintain support, if the	179
respondent customarily provides for or contributes to the support	180
of the family or household member, or if the respondent has a duty	181
to support the petitioner or family or household member;	182

(f) Require the respondent, petitioner, victim of domestic	183
violence, or any combination of those persons, to seek counseling;	184

(g) Require the respondent to refrain from entering the	185
residence, school, business, or place of employment of the	186
petitioner or family or household member;	187

(h) Grant other relief that the court considers equitable and	188
fair, including, but not limited to, ordering the respondent to	189
permit the use of a motor vehicle by the petitioner or other	190
family or household member and the apportionment of household and	191
family personal property.	192

(2) If a protection order has been issued pursuant to this	193
section in a prior action involving the respondent and the	194
petitioner or one or more of the family or household members or	195
victims, the court may include in a protection order that it	196
issues a prohibition against the respondent returning to the	197
residence or household. If it includes a prohibition against the	198
respondent returning to the residence or household in the order,	199
it also shall include in the order provisions of the type	200
described in division (E)(7) of this section. This division does	201
not preclude the court from including in a protection order or	202
consent agreement, in circumstances other than those described in	203
this division, a requirement that the respondent be evicted from	204
or vacate the residence or household or refrain from entering the	205
residence, school, business, or place of employment of the	206
petitioner or a family or household member, and, if the court	207
includes any requirement of that type in an order or agreement,	208
the court also shall include in the order provisions of the type	209
described in division (E)(7) of this section.	210

(3)(a) Any protection order issued or consent agreement	211
approved under this section shall be valid until a date certain,	212
but not later than five years from the date of its issuance or	213
approval, or not later than the date a respondent who is less than	214
eighteen years of age attains nineteen years of age, unless	215
modified or terminated as provided in division (E)(8) of this	216
section.	217

(b) Subject to the limitation on the duration of an order or	218
agreement set forth in division (E)(3)(a) of this section, any	219
order under division (E)(1)(d) of this section shall terminate on	220
the date that a court in an action for divorce, dissolution of	221
marriage, or legal separation brought by the petitioner or	222
respondent issues an order allocating parental rights and	223
responsibilities for the care of children or on the date that a	224
juvenile court in an action brought by the petitioner or	225
respondent issues an order awarding legal custody of minor	226
children. Subject to the limitation on the duration of an order or	227
agreement set forth in division (E)(3)(a) of this section, any	228
order under division (E)(1)(e) of this section shall terminate on	229
the date that a court in an action for divorce, dissolution of	230
marriage, or legal separation brought by the petitioner or	231
respondent issues a support order or on the date that a juvenile	232
court in an action brought by the petitioner or respondent issues	233
a support order.	234

(c) Any protection order issued or consent agreement approved	235
pursuant to this section may be renewed in the same manner as the	236
original order or agreement was issued or approved.	237

(4) A court may not issue a protection order that requires a	238
petitioner to do or to refrain from doing an act that the court	239
may require a respondent to do or to refrain from doing under	240
division (E)(1)(a), (b), (c), (d), (e), (g), or (h) of this	241
section unless all of the following apply:	242

(a) The respondent files a separate petition for a protection	243
order in accordance with this section.	244

(b) The petitioner is served notice of the respondent's	245
petition at least forty-eight hours before the court holds a	246
hearing with respect to the respondent's petition, or the	247
petitioner waives the right to receive this notice.	248

(c) If the petitioner has requested an ex parte order	249
pursuant to division (D) of this section, the court does not delay	250
any hearing required by that division beyond the time specified in	251
that division in order to consolidate the hearing with a hearing	252
on the petition filed by the respondent.	253

(d) After a full hearing at which the respondent presents	254
evidence in support of the request for a protection order and the	255
petitioner is afforded an opportunity to defend against that	256
evidence, the court determines that the petitioner has committed	257
an act of domestic violence or has violated a temporary protection	258
order issued pursuant to section 2919.26 of the Revised Code, that	259
both the petitioner and the respondent acted primarily as	260
aggressors, and that neither the petitioner nor the respondent	261
acted primarily in self-defense.	262

(5) No protection order issued or consent agreement approved	263
under this section shall in any manner affect title to any real	264
property.	265

(6)(a) If a petitioner, or the child of a petitioner, who	266
obtains a protection order or consent agreement pursuant to	267
division (E)(1) of this section or a temporary protection order	268
pursuant to section 2919.26 of the Revised Code and is the subject	269
of a parenting time order issued pursuant to section 3109.051 or	270
3109.12 of the Revised Code or a visitation or companionship order	271
issued pursuant to section 3109.051, 3109.11, or 3109.12 of the	272
Revised Code or division (E)(1)(d) of this section granting	273
parenting time rights to the respondent, the court may require the	274
public children services agency of the county in which the court	275
is located to provide supervision of the respondent's exercise of	276
parenting time or visitation or companionship rights with respect	277
to the child for a period not to exceed nine months, if the court	278
makes the following findings of fact:	279

(i) The child is in danger from the respondent;

280

(ii) No other person or agency is available to provide the	281
supervision.	282

(b) A court that requires an agency to provide supervision	283
pursuant to division (E)(6)(a) of this section shall order the	284
respondent to reimburse the agency for the cost of providing the	285
supervision, if it determines that the respondent has sufficient	286
income or resources to pay that cost.	287

(7)(a) If a protection order issued or consent agreement	288
approved under this section includes a requirement that the	289
respondent be evicted from or vacate the residence or household or	290
refrain from entering the residence, school, business, or place of	291
employment of the petitioner or a family or household member, the	292
order or agreement shall state clearly that the order or agreement	293
cannot be waived or nullified by an invitation to the respondent	294
from the petitioner or other family or household member to enter	295
the residence, school, business, or place of employment or by the	296
respondent's entry into one of those places otherwise upon the	297
consent of the petitioner or other family or household member. The	298
petitioner shall submit a copy of any order the court issues under	299
this section to the landlord or owner of the property where the	300
resident resides.	301

(b) Division (E)(7)(a) of this section does not limit any	302
discretion of a court to determine that a respondent charged with	303
a violation of section 2919.27 of the Revised Code, with a	304
violation of a municipal ordinance substantially equivalent to	305
that section, or with contempt of court, which charge is based on	306
an alleged violation of a protection order issued or consent	307
agreement approved under this section, did not commit the	308
violation or was not in contempt of court.	309

(8)(a) The court may modify or terminate as provided in	310
division (E)(8) of this section a protection order or consent	311
agreement that was issued after a full hearing under this section.	312
The court that issued the protection order or approved the consent	313
agreement shall hear a motion for modification or termination of	314
the protection order or consent agreement pursuant to division	315
(E)(8) of this section.	316

(b) Either the petitioner or the respondent of the original	317
protection order or consent agreement may bring a motion for	318
modification or termination of a protection order or consent	319
agreement that was issued or approved after a full hearing. The	320
court shall require notice of the motion to be made as provided by	321
the Rules of Civil Procedure. If the petitioner for the original	322
protection order or consent agreement has requested that the	323
petitioner's address be kept confidential, the court shall not	324
disclose the address to the respondent of the original protection	325
order or consent agreement or any other person, except as	326
otherwise required by law. The moving party has the burden of	327
proof to show, by a preponderance of the evidence, that	328
modification or termination of the protection order or consent	329
agreement is appropriate because either the protection order or	330
consent agreement is no longer needed or because the terms of the	331
original protection order or consent agreement are no longer	332
appropriate.	333

(c) In considering whether to modify or terminate a	334
protection order or consent agreement issued or approved under	335
this section, the court shall consider all relevant factors,	336
including, but not limited to, the following:	337

(i) Whether the petitioner consents to modification or	338
termination of the protection order or consent agreement;	339

(ii) Whether the petitioner fears the respondent;

340

(iii) The current nature of the relationship between the	341
petitioner and the respondent;	342

(iv) The circumstances of the petitioner and respondent,	343
including the relative proximity of the petitioner's and	344
respondent's workplaces and residences and whether the petitioner	345
and respondent have minor children together;	346

(v) Whether the respondent has complied with the terms and	347
conditions of the original protection order or consent agreement;	348

(vi) Whether the respondent has a continuing involvement with	349
illegal drugs or alcohol;	350

(vii) Whether the respondent has been convicted of, pleaded	351
guilty to, or been adjudicated a delinquent child for an offense	352
of violence since the issuance of the protection order or approval	353
of the consent agreement;	354

(viii) Whether any other protection orders, consent	355
agreements, restraining orders, or no contact orders have been	356
issued against the respondent pursuant to this section, section	357
2919.26 of the Revised Code, any other provision of state law, or	358
the law of any other state;	359

(ix) Whether the respondent has participated in any domestic	360
violence treatment, intervention program, or other counseling	361
addressing domestic violence and whether the respondent has	362
completed the treatment, program, or counseling;	363

(x) The time that has elapsed since the protection order was	364
issued or since the consent agreement was approved;	365

(xi) The age and health of the respondent;

366

(xii) When the last incident of abuse, threat of harm, or	367
commission of a sexually oriented offense occurred or other	368
relevant information concerning the safety and protection of the	369
petitioner or other protected parties.	370

(d) If a protection order or consent agreement is modified or	371
terminated as provided in division (E)(8) of this section, the	372
court shall issue copies of the modified or terminated order or	373
agreement as provided in division (F) of this section. A	374
petitioner may also provide notice of the modification or	375
termination to the judicial and law enforcement officials in any	376
county other than the county in which the order or agreement is	377
modified or terminated as provided in division (N) of this	378
section.	379

(e) If the respondent moves for modification or termination	380
of a protection order or consent agreement pursuant to this	381
section, the court may assess costs against the respondent for the	382
filing of the motion.	383

(9) Any protection order issued or any consent agreement	384
approved pursuant to this section shall include a provision that	385
the court will automatically seal all of the records of the	386
proceeding in which the order is issued or agreement approved on	387
the date the respondent attains the age of nineteen years unless	388
the petitioner provides the court with evidence that the	389
respondent has not complied with all of the terms of the	390
protection order or consent agreement. The protection order or	391
consent agreement shall specify the date when the respondent	392
attains the age of nineteen years.	393

(F)(1) A copy of any protection order, or consent agreement,	394
that is issued, approved, modified, or terminated under this	395
section shall be issued by the court to the petitioner, to the	396
respondent, and to all law enforcement agencies that have	397
jurisdiction to enforce the order or agreement. The court shall	398
direct that a copy of an order be delivered to the respondent on	399
the same day that the order is entered.	400

(2) Upon the issuance of a protection order or the approval	401
of a consent agreement under this section, the court shall provide	402
the parties to the order or agreement with the following notice	403
orally or by form:	404

"NOTICE	405

As a result of this order or consent agreement, it may be	406
unlawful for you to possess or purchase a firearm, including a	407
rifle, pistol, or revolver, or ammunition pursuant to federal law	408
under 18 U.S.C. 922(g)(8). If you have any questions whether this	409
law makes it illegal for you to possess or purchase a firearm or	410
ammunition, you should consult an attorney."	411

(3) All law enforcement agencies shall establish and maintain	412
an index for the protection orders and the approved consent	413
agreements delivered to the agencies pursuant to division (F)(1)	414
of this section. With respect to each order and consent agreement	415
delivered, each agency shall note on the index the date and time	416
that it received the order or consent agreement.	417

(4) Regardless of whether the petitioner has registered the	418
order or agreement in the county in which the officer's agency has	419
jurisdiction pursuant to division (N) of this section, any officer	420
of a law enforcement agency shall enforce a protection order	421
issued or consent agreement approved by any court in this state in	422
accordance with the provisions of the order or agreement,	423
including removing the respondent from the premises, if	424
appropriate.	425

(G) Any proceeding under this section shall be conducted in	426
accordance with the Rules of Civil Procedure, except that an order	427
under this section may be obtained with or without bond. An order	428
issued under this section, other than an ex parte order, that	429
grants a protection order or approves a consent agreement, that	430
refuses to grant a protection order or approve a consent agreement	431
that modifies or terminates a protection order or consent	432
agreement, or that refuses to modify or terminate a protection	433
order or consent agreement, is a final, appealable order. The	434
remedies and procedures provided in this section are in addition	435
to, and not in lieu of, any other available civil or criminal	436
remedies.	437

(H) The filing of proceedings under this section does not	438
excuse a person from filing any report or giving any notice	439
required by section 2151.421 of the Revised Code or by any other	440
law. When a petition under this section alleges domestic violence	441
against minor children, the court shall report the fact, or cause	442
reports to be made, to a county, township, or municipal peace	443
officer under section 2151.421 of the Revised Code.	444

(I) Any law enforcement agency that investigates a domestic	445
dispute shall provide information to the family or household	446
members involved regarding the relief available under this section	447
and section 2919.26 of the Revised Code.	448

(J) Notwithstanding any provision of law to the contrary and	449
regardless of whether a protection order is issued or a consent	450
agreement is approved by a court of another county or a court of	451
another state, no court or unit of state or local government shall	452
charge any fee, cost, deposit, or money in connection with the	453
filing of a petition pursuant to this section or in connection	454
with the filing, issuance, registration, or service of a	455
protection order or consent agreement, or for obtaining a	456
certified copy of a protection order or consent agreement.	457

(K)(1) The court shall comply with Chapters 3119., 3121.,	458
3123., and 3125. of the Revised Code when it makes or modifies an	459
order for child support under this section.	460

(2) If any person required to pay child support under an	461
order made under this section on or after April 15, 1985, or	462
modified under this section on or after December 31, 1986, is	463
found in contempt of court for failure to make support payments	464
under the order, the court that makes the finding, in addition to	465
any other penalty or remedy imposed, shall assess all court costs	466
arising out of the contempt proceeding against the person and	467
require the person to pay any reasonable attorney's fees of any	468
adverse party, as determined by the court, that arose in relation	469
to the act of contempt.	470

(L)(1) A person who violates a protection order issued or a	471
consent agreement approved under this section is subject to the	472
following sanctions:	473

(a) Criminal prosecution or a delinquent child proceeding for	474
a violation of section 2919.27 of the Revised Code, if the	475
violation of the protection order or consent agreement constitutes	476
a violation of that section;	477

(b) Punishment for contempt of court.

478

(2) The punishment of a person for contempt of court for	479
violation of a protection order issued or a consent agreement	480
approved under this section does not bar criminal prosecution of	481
the person or a delinquent child proceeding concerning the person	482
for a violation of section 2919.27 of the Revised Code. However, a	483
person punished for contempt of court is entitled to credit for	484
the punishment imposed upon conviction of or adjudication as a	485
delinquent child for a violation of that section, and a person	486
convicted of or adjudicated a delinquent child for a violation of	487
that section shall not subsequently be punished for contempt of	488
court arising out of the same activity.	489

(M) In all stages of a proceeding under this section, a	490
petitioner may be accompanied by a victim advocate.	491

(N)(1) A petitioner who obtains a protection order or consent	492
agreement under this section or a temporary protection order under	493
section 2919.26 of the Revised Code may provide notice of the	494
issuance or approval of the order or agreement to the judicial and	495
law enforcement officials in any county other than the county in	496
which the order is issued or the agreement is approved by	497
registering that order or agreement in the other county pursuant	498
to division (N)(2) of this section and filing a copy of the	499
registered order or registered agreement with a law enforcement	500
agency in the other county in accordance with that division. A	501
person who obtains a protection order issued by a court of another	502
state may provide notice of the issuance of the order to the	503
judicial and law enforcement officials in any county of this state	504
by registering the order in that county pursuant to section	505
2919.272 of the Revised Code and filing a copy of the registered	506
order with a law enforcement agency in that county.	507

(2) A petitioner may register a temporary protection order,	508
protection order, or consent agreement in a county other than the	509
county in which the court that issued the order or approved the	510
agreement is located in the following manner:	511

(a) The petitioner shall obtain a certified copy of the order	512
or agreement from the clerk of the court that issued the order or	513
approved the agreement and present that certified copy to the	514
clerk of the court of common pleas or the clerk of a municipal	515
court or county court in the county in which the order or	516
agreement is to be registered.	517

(b) Upon accepting the certified copy of the order or	518
agreement for registration, the clerk of the court of common	519
pleas, municipal court, or county court shall place an endorsement	520
of registration on the order or agreement and give the petitioner	521
a copy of the order or agreement that bears that proof of	522
registration.	523

(3) The clerk of each court of common pleas, the clerk of	524
each municipal court, and the clerk of each county court shall	525
maintain a registry of certified copies of temporary protection	526
orders, protection orders, or consent agreements that have been	527
issued or approved by courts in other counties and that have been	528
registered with the clerk.	529

(O) Nothing in this section prohibits the domestic relations	530
division of a court of common pleas in counties that have a	531
domestic relations division or a court of common pleas in counties	532
that do not have a domestic relations division from designating a	533
minor child as a protected party on a protection order or consent	534
agreement.	535

Sec. 4113.80.  As used in this section and section 4113.81 of	536
the Revised Code:	537

(A) "Domestic violence" has the same meaning as in section	538
3113.31 of the Revised Code.	539

(B) "Employee" has the same meaning as in section 4113.51 of	540
the Revised Code.	541

(C) "Employer" includes both of the following:

542

(1) The state or any agency or instrumentality of the state,	543
and any municipal corporation, county, township, school district,	544
or other political subdivision or any agency or instrumentality	545
thereof;	546

(2) Any person who employs fifty or more employees for each	547
working day during each of twenty or more calendar work weeks in	548
the current or preceding calendar year.	549

(D) "Person" means an individual, corporation, business	550
trust, estate, trust, partnership, or association.	551

Sec. 4113.81.  (A)(1) Subject to divisions (A)(2), (B)(1),	552
(C), and (D) of this section, an employee who is a victim of	553
domestic violence and who has been employed by the employee's	554
employer for at least twelve months may take a maximum of five	555
days per year of unpaid leave, and an employee who is a victim of	556
domestic violence and who has been employed by the employee's	557
employer for less than twelve months may take a maximum of three	558
days per year of unpaid leave, to do any of the following:	559

(a) File a petition under section 3113.31 of the Revised Code	560
or attend a hearing on the petition, file a petition and a request	561
for an ex parte order under section 3113.31 of the Revised Code or	562
attend a hearing on the petition, or file a petition for a	563
protection order or no-contact order under any substantially	564
similar law of another state or a substantially similar municipal	565
ordinance of this state or another state;	566

(b) File a motion for a protection order or attend a hearing	567
on the protection order pursuant to section 2919.26 of the Revised	568
Code or file a motion for a protection order or no-contact order	569
issued under any substantially similar law of another state or a	570
substantially similar municipal ordinance of this state or another	571
state;	572

(c) File a motion for a protection order or attend a hearing	573
on the protection order pursuant to section 2903.213 of the	574
Revised Code or file a motion for a protection order or no-contact	575
order issued under any substantially similar law of another state	576
or a substantially similar municipal ordinance of this state or	577
another state;	578

(d) Seek emergency medical attention related to an incident	579
of domestic violence.	580

(2) An employee shall provide the employee's employer with as	581
much notice as practicable before taking any unpaid leave under	582
division (A)(1) of this section.	583

(B)(1) An employee shall make reasonable efforts when	584
possible to address matters related to domestic violence during	585
nonwork hours.	586

(2) Subject to divisions (B)(1) and (3), (C), and (D) of this	587
section, if it is not reasonably practical for an employee to	588
schedule appointments outside the employee's working hours, the	589
employee may take unpaid leave under division (A)(1) of this	590
section with notice to the employee's employer pursuant to	591
division (B)(3) of this section to do any of the following:	592

(a) Seek nonemergency medical attention related to an	593
incident of domestic violence;	594

(b) Meet with law enforcement officers with respect to an	595
incident of domestic violence;	596

(c) Seek legal assistance or other assistance from a	597
counselor, social worker, victim advocate, health care provider,	598
or other professional who assists persons in dealing with an	599
incident of domestic violence;	600

(d) Attend a court proceeding concerning a civil protection	601
order under section 3113.31 of the Revised Code or other	602
injunctive relief for the employee's self or the employee's child;	603

(e) Attend a criminal court proceeding relating to the	604
prosecution of an incident of domestic violence.	605

(3) The employee shall provide notice as soon as the employee	606
knows of the need for unpaid leave under division (A)(1) of this	607
section for the reasons set forth in division (B)(2) of this	608
section and when an appointment necessitating that unpaid leave	609
has been scheduled. In no case shall the employee provide notice	610
any later than the start of the employee's shift or the beginning	611
of the employee's work day.	612

(C)(1) An employer may require an employee who takes unpaid	613
leave pursuant to divisions (A) and (B) of this section to provide	614
documentation of the domestic violence. The employee may satisfy	615
the documentation requirement by providing the employer with any	616
of the following:	617

(a) If the leave is to file a petition under section 3113.31	618
of the Revised Code, a petition and a request for an ex parte	619
order under section 3113.31 of the Revised Code, a motion for a	620
protection order or no-contact order issued under any	621
substantially similar law of another state or a substantially	622
similar municipal ordinance of this state or another state, a	623
motion for a protection order pursuant to section 2919.26 of the	624
Revised Code, a motion for a protection order or no-contact order	625
issued under any substantially similar law of another state or a	626
substantially similar municipal ordinance of this state or another	627
state, a motion for a protection order pursuant to section	628
2903.213 of the Revised Code, or a motion for a protection order	629
or no-contact order issued under any substantially similar law of	630
another state or a substantially similar municipal ordinance of	631
this state or another state, documentation of that filing from the	632
court;	633

(b) If the leave is to attend a court proceeding described in	634
division (A)(1)(b) or (c) or (B)(2)(d) or (e) of this section,	635
documentation of that proceeding from the court, the docket,	636
pleadings, subpoenas, the prosecutor, the victim's attorney, or a	637
registered victim advocate;	638

(c) If the leave is for medical purposes, documentation	639
supporting the fact of treatment by the health care provider;	640

(d) If the leave is to meet with a law enforcement officer or	641
a prosecutor, documentation of that meeting from the officer or	642
prosecutor;	643

(e) If the leave is to meet with counsel, an attorney, or	644
other person providing assistance or services, documentation of	645
that meeting from the counsel, attorney, or person providing the	646
assistance or services.	647

(2) An employer who requires documentation as set forth in	648
division (C)(1) of this section shall grant the employee a	649
reasonable period of time not to exceed fourteen days to provide	650
the documentation. The employer may discharge or otherwise	651
discipline the employee for taking the unpaid leave without the	652
approval of the employer if the employee fails to supply the	653
documentation within the period of time granted by the employer.	654

(D) The maximum amount of unpaid leave an employee who is a	655
victim of domestic violence and who has been employed by the	656
employee's employer for less than twelve months may take per year	657
under this section is three days. The maximum amount of unpaid	658
leave an employee who is a victim of domestic violence and who has	659
been employed by the employee's employer for at least twelve	660
months is five days. An employee who is a victim of domestic	661
violence may elect, or an employer may require the employee to	662
substitute, any accrued paid vacation leave or personal leave the	663
employee may have for the unpaid leave taken pursuant to this	664
section.	665

(E) If an employee who is the victim of domestic violence	666
takes unpaid leave pursuant to this section and the taking of that	667
unpaid leave results in the termination of the employee's	668
employment, that employee may file a civil action against the	669
employer in the common pleas court of the county of that	670
employment. That civil action filed under this division is the	671
employee's sole and exclusive remedy. The relief the court may	672
grant shall be limited to reinstatement of the employee's	673
employment with back pay plus reasonable attorney's fees. That	674
civil action shall be barred unless it is filed within one hundred	675
and eighty days immediately following the termination of the	676
employee's employment.	677

Sec. 5321.171.  (A) As used in this section and sections	678
5321.172 and 5321.173 of the Revised Code:	679

(1) "Domestic violence" has the same meaning as in section	680
3113.31 of the Revised Code.	681

(2) "Household member" means an individual who meets either	682
of the following requirements:	683

(a) The individual is one of the following and is	684
specifically identified in the lease agreement:	685

(i) The tenant's parent, child, spouse, or person living as a	686
spouse;	687

(ii) The parent or child of the tenant's spouse or former	688
spouse;	689

(iii) The parent or child of a person living as a spouse of	690
the tenant;	691

(iv) An individual otherwise related by consanguinity or	692
affinity to the tenant.	693

(b) The individual is an adult who notified the landlord	694
within fourteen days after entering the tenant's household that	695
the individual is occupying the tenant's housing unit as the	696
individual's usual place of residence.	697

(B)(1) A tenant may terminate a rental agreement or have the	698
tenant's name removed from the rental agreement as a cotenant if	699
that tenant, or a household member of that tenant, is a victim of	700
domestic violence. To terminate a rental agreement or to remove	701
the tenant's name as a cotenant from the agreement, the tenant	702
shall notify the landlord in writing that the tenant or household	703
member is a victim of domestic violence and shall supply the	704
landlord with any of the following:	705

(a) A civil protection order issued after a full hearing	706
under section 2903.214 or 3113.31 of the Revised Code or a consent	707
agreement approved under section 3113.31 of the Revised Code;	708

(b) A temporary protection order or a no-contact order issued	709
under section 2919.26 of the Revised Code, a criminal protection	710
order issued under section 2903.213 of the Revised Code, or a	711
protection order or no-contact order issued under any	712
substantially similar law of another state or a substantially	713
similar municipal ordinance of this state or another state.	714

(2) A tenant shall give the landlord the written notice this	715
section requires within ninety days after the incident of domestic	716
violence. The tenant and landlord shall terminate the rental	717
agreement, or the landlord shall remove the tenant's name from the	718
rental agreement, by a mutually agreed upon date, not to exceed	719
thirty days after the date the tenant gives the required notice.	720
If the tenant and landlord do not agree on a date to terminate the	721
rental agreement or remove the tenant's name from the agreement,	722
the rental agreement shall terminate or the landlord shall remove	723
the tenant's name from the rental agreement thirty days after the	724
tenant gives the required notice.	725

(3) At any time within thirty days after a tenant having the	726
tenant's name removed from a rental agreement for which there is	727
at least one cotenant, the landlord may terminate the rental	728
agreement as to any or all cotenants.	729

(4) A tenant who terminates a rental agreement or removes the	730
tenant's name from a rental agreement is liable for the tenant's	731
share of rent, prorated up to the date of the termination of the	732
rental agreement or the removal of the tenant's name from the	733
rental agreement.	734

(5) Except as otherwise provided in section 5321.16 of the	735
Revised Code, if a tenant terminates a rental agreement or removes	736
the tenant's name from a rental agreement as provided in this	737
section, the landlord is entitled to retain the tenant's share of	738
any security deposit.	739

(C) In response to a request to terminate a rental agreement	740
or remove the tenant's name from a rental agreement pursuant to	741
division (B) of this section, a landlord may offer the tenant an	742
opportunity to rent another unit at the location that is	743
sufficiently distant from the tenant's current unit. Whether to	744
accept that offer is at the tenant's discretion.	745

(D) No landlord shall knowingly terminate a tenancy because	746
of the status of a tenant or household member as a victim of	747
domestic violence or the offense of menacing by stalking, because	748
the tenant or a household member requested emergency services as	749
such a victim, or because the tenant previously terminated a	750
rental agreement in accordance with this section.	751

(E) A tenant who is injured by a landlord's violation of	752
division (D) of this section may recover damages in the amount of	753
one month's rent and any security deposit as section 5321.16 of	754
the Revised Code provides, plus reasonable attorney's fees.	755

(F) A landlord does not incur any additional duty of care for	756
a tenant the landlord accommodates pursuant to this section and	757
section 5321.172 of the Revised Code, and the landlord gains no	758
new or additional liability for any third party act that occurs	759
after an accommodation the landlord makes pursuant to those	760
sections.	761

(G) A tenant who is a victim of domestic violence may make a	762
request to terminate a rental agreement pursuant to division (B)	763
of this section only if the tenant has not made more than one	764
other request to terminate a rental agreement pursuant to division	765
(B) of this section during the previous five years.	766

Sec. 5321.172.  (A) A landlord of a tenant who is a victim of	767
domestic violence or the offense of menacing by stalking shall	768
change the lock to the dwelling unit where the tenant resides upon	769
receipt of a written request from the tenant and a copy of a court	770
order or protection order that orders the respondent or defendant	771
named in the order to stay away from the tenant. Within	772
forty-eight hours after receiving the notice and a copy of the	773
order, the landlord shall change the lock and shall make a good	774
faith effort to provide a key to the new lock to the tenant and	775
any remaining cotenant not later than twenty-four hours after the	776
landlord changes the lock. The tenant shall reimburse the landlord	777
for the actual expense the landlord incurs in changing the lock.	778
If the landlord fails to change the lock within the	779
forty-eight-hour time period as this section requires, the tenant	780
may change the lock without the landlord's permission. If the	781
tenant changes the lock, the tenant shall do so in a competent and	782
workmanlike manner with locks of similar or better quality than	783
the original lock and shall make a good faith offer to provide a	784
key to the landlord and any remaining cotenant not later than	785
twenty-four hours after the tenant changes the lock. If within	786
thirty days after the landlord changes the lock the tenant does	787
not reimburse the landlord for the expenses the landlord incurs in	788
changing the locks, the landlord may deduct that amount from the	789
security deposit or assess that amount as a charge to the tenant.	790

(B)(1) A landlord who receives a request and copy of an order	791
under this section shall not, by any act, provide the respondent	792
who is named in the order and who is a tenant of the dwelling unit	793
access to the dwelling unit for which the landlord or tenant has	794
changed the locks unless the order allows the respondent to return	795
to the dwelling unit to retrieve the respondent's personal	796
possessions and the respondent is accompanied by a law enforcement	797
escort.	798

(2) A respondent who is a tenant of the dwelling unit remains	799
liable under the rental agreement for rent or any damage to the	800
dwelling unit as provided in the rental agreement, unless the	801
respondent can demonstrate that the tenant who changed the lock or	802
had the lock changed intentionally damaged the dwelling unit.	803

(C) A landlord who changes a lock to a dwelling unit in	804
accordance with this section is not liable for excluding from the	805
dwelling unit a respondent named in an order the landlord receives	806
from a tenant under this section or for loss of use or damage to	807
the respondent's personal property while that property is in the	808
dwelling unit after the lock has been changed.	809

(D) If a landlord takes action to prevent a tenant who has	810
complied with this section from changing a lock, the tenant may	811
seek a temporary restraining order, preliminary injunction, or	812
permanent injunction ordering the landlord to refrain from	813
preventing the tenant from changing the lock.	814

Sec. 5321.173. (A) A victim of domestic violence or the	815
offense of menacing by stalking who is a tenant in a unit owned or	816
operated by a metropolitan housing authority as described in	817
section 3735.27 of the Revised Code may request that the housing	818
authority transfer the tenant to another location. A tenant may	819
make any such request only if the tenant has made not more than	820
one other such request during the previous five years. The tenant	821
shall make any such request for transfer in writing, informing the	822
housing authority that the tenant or a household member is a	823
victim of domestic violence or the offense of menacing by stalking	824
and affirming that the tenant has made not more than one other	825
such request during the previous five years. The tenant shall	826
supply the housing authority with any one or more of the following	827
as evidence of the need for the transfer:	828

(1) A civil protection order issued after a full hearing	829
under section 2903.214 or 3113.31 of the Revised Code or a consent	830
agreement approved under section 3113.31 of the Revised Code;	831

(2) A temporary protection order or a no-contact order issued	832
under section 2919.26 of the Revised Code, a criminal protection	833
order issued under section 2903.213 of the Revised Code, or a	834
protection order or no-contact order issued under any	835
substantially similar law of another state or a substantially	836
similar municipal ordinance of this state or another state;	837

(3) Medical documentation describing the incident of domestic	838
violence or menacing by stalking;	839

(4) A sworn, notarized statement provided by a counselor,	840
social worker, victim advocate, health care provider, or other	841
professional who assists or has assisted the tenant or household	842
member in dealing with the incident of domestic violence or	843
menacing by stalking.	844

(B) Upon receipt of a request made pursuant to this section,	845
and if the tenant has not made more than one other such request	846
during the previous five years, the housing authority shall move	847
the tenant as soon as practicable to another location if the	848
authority has a unit available in another location.	849

(C) A housing authority does not incur any additional duty of	850
care for a tenant it transfers or fails to transfer pursuant to	851
this section, and the authority gains no new or additional	852
liability for any third party act that occurs after a transfer.	853

(D) If a metropolitan housing authority wrongfully fails to	854
comply with division (B) of this section, the tenant may recover	855
actual damages resulting from the failure to transfer, obtain	856
injunctive relief, and obtain a judgment for reasonable attorney's	857
fees.	858

Sec. 5321.174. (A) Except to the extent that a landlord	859
reasonably believes it is necessary to share information for the	860
safety of any tenant or any other person, any information a	861
landlord receives from a tenant under section 5321.171, 5321.172,	862
or 5321.173 of the Revised Code is confidential. A landlord shall	863
not share any confidential information with any other past,	864
current, or prospective landlord, and a landlord shall not share	865
any information with respect to a tenant's status as a victim of	866
domestic violence or the offense of menacing by stalking with any	867
other past, current, or prospective landlord. If the tenant shares	868
any information that the tenant provides to a landlord under this	869
section, that sharing does not waive the confidentiality of the	870
information or the nature of the privileged communication.	871

(B) A landlord is not liable for any good faith violation of	872
the confidentiality requirement this section establishes.	873

Sec. 5321.175.  If a tenant has been convicted of or pleaded	874
guilty to a violation of section 2919.25 of the Revised Code while	875
the tenant was subject to the rental agreement, the landlord may	876
terminate the tenant's rental agreement or may remove the tenant's	877
name from a rental agreement and may retain the tenant's share of	878
any security deposit.	879

Section 2. That existing section 3113.31 of the Revised Code	880
is hereby repealed.	881

Section 3.  Sections 5321.171, 5321.172, 5321.173, and	882
5321.174 of the Revised Code, as enacted by this act, apply to	883
rental agreements entered into or renewed on or after the	884
effective date of this act.	885