Bill Text: OH HB160 | 2013-2014 | 130th General Assembly | Introduced

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Bill Title: To require a person who is subject to a civil or criminal domestic violence temporary protection order to surrender all firearms in the person's immediate possession or control to a law enforcement agency or to a federally licensed firearms dealer.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2013-05-08 - To Judiciary [HB160 Detail]

Download: Ohio-2013-HB160-Introduced.html

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As Introduced

130th General Assembly Regular Session 2013-2014

H. B. No. 160

Representative Hagan, R. 

Cosponsors: Representatives Antonio, Foley, Fedor, Driehaus 

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A BILL

To amend sections 2919.26 and 3113.31 and to enact

1

sections 2919.261 and 3113.311 of the Revised Code

2

to require a person who is subject to a civil or

3

criminal domestic violence temporary protection

4

order to surrender all firearms in the person's

5

immediate possession or control to a law

6

enforcement agency or to a federally licensed

7

firearms dealer.

8

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

Section 1.  That sections 2919.26 and 3113.31 be amended and	9
sections 2919.261 and 3113.311 of the Revised Code be enacted to	10
read as follows:	11

Sec. 2919.26.  (A)(1) Upon the filing of a complaint that	12
alleges a violation of section 2909.06, 2909.07, 2911.12, or	13
2911.211 of the Revised Code if the alleged victim of the	14
violation was a family or household member at the time of the	15
violation, a violation of a municipal ordinance that is	16
substantially similar to any of those sections if the alleged	17
victim of the violation was a family or household member at the	18
time of the violation, any offense of violence if the alleged	19
victim of the offense was a family or household member at the time	20
of the commission of the offense, or any sexually oriented offense	21
if the alleged victim of the offense was a family or household	22
member at the time of the commission of the offense, the	23
complainant, the alleged victim, or a family or household member	24
of an alleged victim may file, or, if in an emergency the alleged	25
victim is unable to file, a person who made an arrest for the	26
alleged violation or offense under section 2935.03 of the Revised	27
Code may file on behalf of the alleged victim, a motion that	28
requests the issuance of a temporary protection order as a	29
pretrial condition of release of the alleged offender, in addition	30
to any bail set under Criminal Rule 46. The motion shall be filed	31
with the clerk of the court that has jurisdiction of the case at	32
any time after the filing of the complaint.	33

(2) For purposes of section 2930.09 of the Revised Code, all	34
stages of a proceeding arising out of a complaint alleging the	35
commission of a violation, offense of violence, or sexually	36
oriented offense described in division (A)(1) of this section,	37
including all proceedings on a motion for a temporary protection	38
order, are critical stages of the case, and a victim may be	39
accompanied by a victim advocate or another person to provide	40
support to the victim as provided in that section.	41

(B) The motion shall be prepared on a form that is provided	42
by the clerk of the court, which form shall be substantially as	43
follows:	44

"MOTION FOR TEMPORARY PROTECTION ORDER	45

.......................... Court	46

Name and address of court	47

State of Ohio	48

v.

No. ..........

49

..........................................	50

Name of Defendant	51

(name of person), moves the court to issue a temporary protection	52
order containing terms designed to ensure the safety and	53
protection of the complainant, alleged victim, and other family or	54
household members, in relation to the named defendant, pursuant to	55
its authority to issue such an order under section 2919.26 of the	56
Revised Code.	57

A complaint, a copy of which has been attached to this	58
motion, has been filed in this court charging the named defendant	59
with .......................... (name of the specified violation,	60
the offense of violence, or sexually oriented offense charged) in	61
circumstances in which the victim was a family or household member	62
in violation of (section of the Revised Code designating the	63
specified violation, offense of violence, or sexually oriented	64
offense charged), or charging the named defendant with a violation	65
of a municipal ordinance that is substantially similar to	66
........................ (section of the Revised Code designating	67
the specified violation, offense of violence, or sexually oriented	68
offense charged) involving a family or household member.	69

To the best of my knowledge, the number, types, and locations	70
of any firearms possessed or controlled by the defendant are	71
........................ (listing of applicable firearms).	72

I understand that I must appear before the court, at a time	73
set by the court within twenty-four hours after the filing of this	74
motion, for a hearing on the motion or that, if I am unable to	75
appear because of hospitalization or a medical condition resulting	76
from the offense alleged in the complaint, a person who can	77
provide information about my need for a temporary protection order	78
must appear before the court in lieu of my appearing in court. I	79
understand that any temporary protection order granted pursuant to	80
this motion is a pretrial condition of release and is effective	81
only until the disposition of the criminal proceeding arising out	82
of the attached complaint, or the issuance of a civil protection	83
order or the approval of a consent agreement, arising out of the	84
same activities as those that were the basis of the complaint,	85
under section 3113.31 of the Revised Code.	86

..........................................	87

Signature of person	88

(or signature of the arresting officer who filed the motion on	89
behalf of the alleged victim)	90

..........................................	91

Address of person (or office address of the arresting officer who	92
filed the motion on behalf of the alleged victim)"	93

(C)(1) As soon as possible after the filing of a motion that	94
requests the issuance of a temporary protection order, but not	95
later than twenty-four hours after the filing of the motion, the	96
court shall conduct a hearing to determine whether to issue the	97
order. The person who requested the order shall appear before the	98
court and provide the court with the information that it requests	99
concerning the basis of the motion. If the person who requested	100
the order is unable to appear and if the court finds that the	101
failure to appear is because of the person's hospitalization or	102
medical condition resulting from the offense alleged in the	103
complaint, another person who is able to provide the court with	104
the information it requests may appear in lieu of the person who	105
requested the order. If the court finds that the safety and	106
protection of the complainant, alleged victim, or any other family	107
or household member of the alleged victim may be impaired by the	108
continued presence of the alleged offender, the court may issue a	109
temporary protection order, as a pretrial condition of release,	110
that contains terms designed to ensure the safety and protection	111
of the complainant, alleged victim, or the family or household	112
member, including a requirement that the alleged offender refrain	113
from entering the residence, school, business, or place of	114
employment of the complainant, alleged victim, or the family or	115
household member.	116

(2)(a) If the court issues a temporary protection order that	117
includes a requirement that the alleged offender refrain from	118
entering the residence, school, business, or place of employment	119
of the complainant, the alleged victim, or the family or household	120
member, the order shall state clearly that the order cannot be	121
waived or nullified by an invitation to the alleged offender from	122
the complainant, alleged victim, or family or household member to	123
enter the residence, school, business, or place of employment or	124
by the alleged offender's entry into one of those places otherwise	125
upon the consent of the complainant, alleged victim, or family or	126
household member.	127

(b) Division (C)(2)(a) of this section does not limit any	128
discretion of a court to determine that an alleged offender	129
charged with a violation of section 2919.27 of the Revised Code,	130
with a violation of a municipal ordinance substantially equivalent	131
to that section, or with contempt of court, which charge is based	132
on an alleged violation of a temporary protection order issued	133
under this section, did not commit the violation or was not in	134
contempt of court.	135

(D)(1) Upon the filing of a complaint that alleges a	136
violation of section 2909.06, 2909.07, 2911.12, or 2911.211 of the	137
Revised Code if the alleged victim of the violation was a family	138
or household member at the time of the violation, a violation of a	139
municipal ordinance that is substantially similar to any of those	140
sections if the alleged victim of the violation was a family or	141
household member at the time of the violation, any offense of	142
violence if the alleged victim of the offense was a family or	143
household member at the time of the commission of the offense, or	144
any sexually oriented offense if the alleged victim of the offense	145
was a family or household member at the time of the commission of	146
the offense, the court, upon its own motion, may issue a temporary	147
protection order as a pretrial condition of release if it finds	148
that the safety and protection of the complainant, alleged victim,	149
or other family or household member of the alleged offender may be	150
impaired by the continued presence of the alleged offender.	151

(2) If the court issues a temporary protection order under	152
this section as an ex parte order, it shall conduct, as soon as	153
possible after the issuance of the order, a hearing in the	154
presence of the alleged offender not later than the next day on	155
which the court is scheduled to conduct business after the day on	156
which the alleged offender was arrested or at the time of the	157
appearance of the alleged offender pursuant to summons to	158
determine whether the order should remain in effect, be modified,	159
or be revoked. The hearing shall be conducted under the standards	160
set forth in division (C) of this section.	161

(3) An order issued under this section shall contain only	162
those terms authorized in orders issued under division (C) of this	163
section and those terms specified in section 2919.261 of the	164
Revised Code.	165

(4) If a municipal court or a county court issues a temporary	166
protection order under this section and if, subsequent to the	167
issuance of the order, the alleged offender who is the subject of	168
the order is bound over to the court of common pleas for	169
prosecution of a felony arising out of the same activities as	170
those that were the basis of the complaint upon which the order is	171
based, notwithstanding the fact that the order was issued by a	172
municipal court or county court, the order shall remain in effect,	173
as though it were an order of the court of common pleas, while the	174
charges against the alleged offender are pending in the court of	175
common pleas, for the period of time described in division (E)(2)	176
of this section, and the court of common pleas has exclusive	177
jurisdiction to modify the order issued by the municipal court or	178
county court. This division applies when the alleged offender is	179
bound over to the court of common pleas as a result of the person	180
waiving a preliminary hearing on the felony charge, as a result of	181
the municipal court or county court having determined at a	182
preliminary hearing that there is probable cause to believe that	183
the felony has been committed and that the alleged offender	184
committed it, as a result of the alleged offender having been	185
indicted for the felony, or in any other manner.	186

(E) A temporary protection order that is issued as a pretrial	187
condition of release under this section:	188

(1) Is in addition to, but shall not be construed as a part	189
of, any bail set under Criminal Rule 46;	190

(2) Is effective only until the occurrence of either of the	191
following:	192

(a) The disposition, by the court that issued the order or,	193
in the circumstances described in division (D)(4) of this section,	194
by the court of common pleas to which the alleged offender is	195
bound over for prosecution, of the criminal proceeding arising out	196
of the complaint upon which the order is based;	197

(b) The issuance of a protection order or the approval of a	198
consent agreement, arising out of the same activities as those	199
that were the basis of the complaint upon which the order is	200
based, under section 3113.31 of the Revised Code;	201

(3) Shall not be construed as a finding that the alleged	202
offender committed the alleged offense, and shall not be	203
introduced as evidence of the commission of the offense at the	204
trial of the alleged offender on the complaint upon which the	205
order is based.	206

(F) A person who meets the criteria for bail under Criminal	207
Rule 46 and who, if required to do so pursuant to that rule,	208
executes or posts bond or deposits cash or securities as bail,	209
shall not be held in custody pending a hearing before the court on	210
a motion requesting a temporary protection order.	211

(G)(1) A copy of any temporary protection order that is	212
issued under this section shall be issued by the court to the	213
complainant, to the alleged victim, to the person who requested	214
the order, to the defendant, and to all law enforcement agencies	215
that have jurisdiction to enforce the order. The court shall	216
direct that a copy of the order be delivered to the defendant on	217
the same day that the order is entered. If a municipal court or a	218
county court issues a temporary protection order under this	219
section and if, subsequent to the issuance of the order, the	220
defendant who is the subject of the order is bound over to the	221
court of common pleas for prosecution as described in division	222
(D)(4) of this section, the municipal court or county court shall	223
direct that a copy of the order be delivered to the court of	224
common pleas to which the defendant is bound over.	225

(2) UponIn addition to the notice required by division (B)	226
of section 2919.261 of the Revised Code, upon the issuance of a	227
protection order under this section, the court shall provide the	228
parties to the order with the following notice orally or by form:	229

"NOTICE	230

As a result of this protection order, it may be unlawful for	231
you to possess or purchase a firearm, including a rifle, pistol,	232
or revolver, or ammunition pursuant to federal law under 18 U.S.C.	233
922(g)(8). If you have any questions whether this law makes it	234
illegal for you to possess or purchase a firearm or ammunition,	235
you should consult an attorney."	236

(3) All law enforcement agencies shall establish and maintain	237
an index for the temporary protection orders delivered to the	238
agencies pursuant to division (G)(1) of this section. With respect	239
to each order delivered, each agency shall note on the index, the	240
date and time of the receipt of the order by the agency.	241

(4) A complainant, alleged victim, or other person who	242
obtains a temporary protection order under this section may	243
provide notice of the issuance of the temporary protection order	244
to the judicial and law enforcement officials in any county other	245
than the county in which the order is issued by registering that	246
order in the other county in accordance with division (N) of	247
section 3113.31 of the Revised Code and filing a copy of the	248
registered protection order with a law enforcement agency in the	249
other county in accordance with that division.	250

(5) Any officer of a law enforcement agency shall enforce a	251
temporary protection order issued by any court in this state in	252
accordance with the provisions of the order, including removing	253
the defendant from the premises, regardless of whether the order	254
is registered in the county in which the officer's agency has	255
jurisdiction as authorized by division (G)(4) of this section.	256

(H) Upon a violation of a temporary protection order, the	257
court may issue another temporary protection order, as a pretrial	258
condition of release, that modifies the terms of the order that	259
was violated.	260

(I)(1) As used in divisions (I)(1) and (2) of this section,	261
"defendant" means a person who is alleged in a complaint to have	262
committed a violation, offense of violence, or sexually oriented	263
offense of the type described in division (A) of this section.	264

(2) If a complaint is filed that alleges that a person	265
committed a violation, offense of violence, or sexually oriented	266
offense of the type described in division (A) of this section, the	267
court may not issue a temporary protection order under this	268
section that requires the complainant, the alleged victim, or	269
another family or household member of the defendant to do or	270
refrain from doing an act that the court may require the defendant	271
to do or refrain from doing under a temporary protection order	272
unless both of the following apply:	273

(a) The defendant has filed a separate complaint that alleges	274
that the complainant, alleged victim, or other family or household	275
member in question who would be required under the order to do or	276
refrain from doing the act committed a violation or offense of	277
violence of the type described in division (A) of this section.	278

(b) The court determines that both the complainant, alleged	279
victim, or other family or household member in question who would	280
be required under the order to do or refrain from doing the act	281
and the defendant acted primarily as aggressors, that neither the	282
complainant, alleged victim, or other family or household member	283
in question who would be required under the order to do or refrain	284
from doing the act nor the defendant acted primarily in	285
self-defense, and, in accordance with the standards and criteria	286
of this section as applied in relation to the separate complaint	287
filed by the defendant, that it should issue the order to require	288
the complainant, alleged victim, or other family or household	289
member in question to do or refrain from doing the act.	290

(J) Notwithstanding any provision of law to the contrary and	291
regardless of whether a protection order is issued or a consent	292
agreement is approved by a court of another county or a court of	293
another state, no court or unit of state or local government shall	294
charge any fee, cost, deposit, or money in connection with the	295
filing of a motion pursuant to this section, in connection with	296
the filing, issuance, registration, or service of a protection	297
order or consent agreement, or for obtaining a certified copy of a	298
protection order or consent agreement.	299

(K) As used in this section:

300

(1) "Sexually oriented offense" has the same meaning as in	301
section 2950.01 of the Revised Code.	302

(2) "Victim advocate" means a person who provides support and	303
assistance for a victim of an offense during court proceedings.	304

Sec. 2919.261.  (A) An alleged victim or arresting officer	305
who moves for a temporary protection order pursuant to section	306
2919.26 of the Revised Code shall describe in the motion the	307
number, types, and locations of any firearms presently known by	308
the movant to be possessed or controlled by the defendant.	309

(B) A temporary order issued pursuant to section 2919.26 of	310
the Revised Code shall prohibit the defendant from owning,	311
possessing, purchasing, or receiving a firearm or ammunition while	312
that order is in effect. The order shall include or be accompanied	313
by a written notice that states the defendant's obligations under	314
this section, including the specific date by which any firearms	315
must be surrendered.	316

(C) A defendant who is served with an order and notice	317
described in division (B) of this section shall promptly surrender	318
any firearms in or subject to the defendant's immediate possession	319
or control. If the order and notice are served by a law	320
enforcement officer and the officer requests the surrender to the	321
officer of any firearms, the defendant shall immediately surrender	322
the firearms in a safe manner to the officer. If the order and	323
notice are not served by a law enforcement officer or the officer	324
does not request surrender to the officer of any firearms, the	325
defendant shall surrender any firearms within twenty-four hours	326
after service of the order and notice by surrendering the firearms	327
in a safe manner to a law enforcement officer or by selling the	328
firearms to a federally licensed firearms dealer. An officer or	329
dealer who takes possession of a firearm pursuant to this section	330
shall give a receipt for the firearm to the defendant at the time	331
of surrender or sale.	332

(D) Within forty-eight hours after being served with the	333
order and notice described in division (B) of this section, the	334
defendant shall do both of the following:	335

(1) File with the court that issued the order the receipt	336
showing that the firearm was surrendered to a law enforcement	337
officer or sold to a federally licensed firearms dealer;	338

(2) File a copy of the receipt with the law enforcement	339
agency that employs the officer who served the order and notice	340
or, if someone other than a law enforcement officer served the	341
order and notice, with the municipal law enforcement agency having	342
jurisdiction over the place where the order and notice were served	343
or, if that place is in an unincorporated area, with the sheriff	344
having jurisdiction over that place.	345

(E) A law enforcement agency may charge the defendant a fee	346
for the storage of any firearm surrendered pursuant to this	347
section. This fee shall not exceed the costs incurred by the	348
agency that are directly related to taking possession of and	349
storing the firearm and either returning the firearm to the	350
defendant or selling it to a federally licensed firearms dealer.	351

(F)(1) Within five days after the expiration of an order	352
described in division (B) of this section, a law enforcement	353
agency having custody of a firearm surrendered pursuant to the	354
order shall return the firearm to the defendant, unless another	355
protection order has been issued that prohibits the defendant from	356
possessing a firearm or the agency determines that the firearm has	357
been stolen or that the defendant is prohibited from possessing a	358
firearm under state or federal law.	359

(2)(a) If a law enforcement agency determines that the	360
defendant is the legal owner of any firearm deposited with the	361
agency and is prohibited from possessing any firearm, the	362
defendant may make one sale of all of the defendant's firearms	363
that are in the custody of the agency to a federally licensed	364
firearms dealer while the order remains in effect. Within five	365
days after a dealer presents the agency with a bill of sale	366
indicating that the defendant has sold to the dealer all of the	367
defendant's firearms that are in the agency's custody, the agency	368
shall give possession of those firearms to the dealer.	369

(b) If a law enforcement agency determines that the defendant	370
is not the legal owner of any firearm deposited with the agency,	371
the agency shall make a reasonable attempt to identify and return	372
the firearm to the legal owner. If the agency cannot identify the	373
legal owner or if the owner is prohibited from possessing a	374
firearm, the agency shall treat the firearm as unclaimed property	375
and dispose of it accordingly.	376

(G)(1) In a temporary order issued pursuant to section	377
2919.26 of the Revised Code, a court may grant an exemption from	378
the requirement that the defendant surrender any firearms if the	379
defendant can show that a particular firearm is necessary as a	380
condition of the defendant's continued employment and that the	381
current employer is unable to reassign the defendant to another	382
position where a firearm is unnecessary. If the court grants an	383
exemption, the order shall provide that the defendant shall have	384
physical possession of the firearm only during scheduled work	385
hours and during travel to and from the defendant's place of	386
employment.	387

(2) If the defendant is a peace officer who must carry a	388
firearm as a condition of employment and whose personal safety	389
depends on the ability to carry a firearm, a court may allow the	390
defendant to carry a firearm while on or off duty if, after a	391
psychological evaluation of the defendant, the court finds by a	392
preponderance of the evidence that the officer does not pose a	393
threat of harm. The court may require the peace officer to enter	394
into counseling or other remedial treatment program to deal with	395
any propensity for domestic violence.	396

(3) If the defendant notifies the court that the defendant	397
owns a firearm that is not in the defendant's immediate	398
possession, the court may limit the order to exclude that firearm	399
if the court is satisfied the defendant is unable to gain access	400
to that firearm while the protective order is in effect.	401

(H) If the defendant refuses to relinquish possession of any	402
firearm on the grounds that such relinquishment would constitute	403
self-incrimination in violation of the United States Constitution	404
or Ohio Constitution, the court may grant use immunity for the act	405
of relinquishing the firearm.	406

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

407

(1) "Domestic violence" means the occurrence of one or more	408
of the following acts against a family or household member:	409

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

410

(b) Placing another person by the threat of force in fear of	411
imminent serious physical harm or committing a violation of	412
section 2903.211 or 2911.211 of the Revised Code;	413

(c) Committing any act with respect to a child that would	414
result in the child being an abused child, as defined in section	415
2151.031 of the Revised Code;	416

(d) Committing a sexually oriented offense.

417

(2) "Court" means the domestic relations division of the	418
court of common pleas in counties that have a domestic relations	419
division and the court of common pleas in counties that do not	420
have a domestic relations division, or the juvenile division of	421
the court of common pleas of the county in which the person to be	422
protected by a protection order issued or a consent agreement	423
approved under this section resides if the respondent is less than	424
eighteen years of age.	425

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

426

(a) Any of the following who is residing with or has resided	427
with the respondent:	428

(i) A spouse, a person living as a spouse, or a former spouse	429
of the respondent;	430

(ii) A parent, a foster parent, or a child of the respondent,	431
or another person related by consanguinity or affinity to the	432
respondent;	433

(iii) A parent or a child of a spouse, person living as a	434
spouse, or former spouse of the respondent, or another person	435
related by consanguinity or affinity to a spouse, person living as	436
a spouse, or former spouse of the respondent.	437

(b) The natural parent of any child of whom the respondent is	438
the other natural parent or is the putative other natural parent.	439

(4) "Person living as a spouse" means a person who is living	440
or has lived with the respondent in a common law marital	441
relationship, who otherwise is cohabiting with the respondent, or	442
who otherwise has cohabited with the respondent within five years	443
prior to the date of the alleged occurrence of the act in	444
question.	445

(5) "Victim advocate" means a person who provides support and	446
assistance for a person who files a petition under this section.	447

(6) "Sexually oriented offense" has the same meaning as in	448
section 2950.01 of the Revised Code.	449

(B) The court has jurisdiction over all proceedings under	450
this section. The petitioner's right to relief under this section	451
is not affected by the petitioner's leaving the residence or	452
household to avoid further domestic violence.	453

(C) A person may seek relief under this section on the	454
person's own behalf, or any parent or adult household member may	455
seek relief under this section on behalf of any other family or	456
household member, by filing a petition with the court. The	457
petition shall contain or state:	458

(1) An allegation that the respondent engaged in domestic	459
violence against a family or household member of the respondent,	460
including a description of the nature and extent of the domestic	461
violence;	462

(2) The relationship of the respondent to the petitioner, and	463
to the victim if other than the petitioner;	464

(3) If the petitioner requests an ex parte order, a statement	465
of the number, types, and locations of any firearms known by the	466
petitioner to be possessed or controlled by the respondent;	467

(4) A request for relief under this section.

468

(D)(1) If a person who files a petition pursuant to this	469
section requests an ex parte order, the court shall hold an ex	470
parte hearing on the same day that the petition is filed. The	471
court, for good cause shown at the ex parte hearing, may enter any	472
temporary orders, with or without bond, including, but not limited	473
to, an order described in division (E)(1)(a), (b), or (c) of this	474
section, that the court finds necessary to protect the family or	475
household member from domestic violence. If the court issues any	476
such order, the order also shall include the terms specified in	477
section 3113.311 of the Revised Code. Immediate and present danger	478
of domestic violence to the family or household member constitutes	479
good cause for purposes of this section. Immediate and present	480
danger includes, but is not limited to, situations in which the	481
respondent has threatened the family or household member with	482
bodily harm, in which the respondent has threatened the family or	483
household member with a sexually oriented offense, or in which the	484
respondent previously has been convicted of, pleaded guilty to, or	485
been adjudicated a delinquent child for an offense that	486
constitutes domestic violence against the family or household	487
member.	488

(2)(a) If the court, after an ex parte hearing, issues an	489
order described in division (E)(1)(b) or (c) of this section, the	490
court shall schedule a full hearing for a date that is within	491
seven court days after the ex parte hearing. If any other type of	492
protection order that is authorized under division (E) of this	493
section is issued by the court after an ex parte hearing, the	494
court shall schedule a full hearing for a date that is within ten	495
court days after the ex parte hearing. The court shall give the	496
respondent notice of, and an opportunity to be heard at, the full	497
hearing. The court shall hold the full hearing on the date	498
scheduled under this division unless the court grants a	499
continuance of the hearing in accordance with this division. Under	500
any of the following circumstances or for any of the following	501
reasons, the court may grant a continuance of the full hearing to	502
a reasonable time determined by the court:	503

(i) Prior to the date scheduled for the full hearing under	504
this division, the respondent has not been served with the	505
petition filed pursuant to this section and notice of the full	506
hearing.	507

(ii) The parties consent to the continuance.

508

(iii) The continuance is needed to allow a party to obtain	509
counsel.	510

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

511

(b) An ex parte order issued under this section does not	512
expire because of a failure to serve notice of the full hearing	513
upon the respondent before the date set for the full hearing under	514
division (D)(2)(a) of this section or because the court grants a	515
continuance under that division.	516

(3) If a person who files a petition pursuant to this section	517
does not request an ex parte order, or if a person requests an ex	518
parte order but the court does not issue an ex parte order after	519
an ex parte hearing, the court shall proceed as in a normal civil	520
action and grant a full hearing on the matter.	521

(E)(1) After an ex parte or full hearing, the court may grant	522
any protection order, with or without bond, or approve any consent	523
agreement to bring about a cessation of domestic violence against	524
the family or household members. The order or agreement may:	525

(a) Direct the respondent to refrain from abusing or from	526
committing sexually oriented offenses against the family or	527
household members;	528

(b) Grant possession of the residence or household to the	529
petitioner or other family or household member, to the exclusion	530
of the respondent, by evicting the respondent, when the residence	531
or household is owned or leased solely by the petitioner or other	532
family or household member, or by ordering the respondent to	533
vacate the premises, when the residence or household is jointly	534
owned or leased by the respondent, and the petitioner or other	535
family or household member;	536

(c) When the respondent has a duty to support the petitioner	537
or other family or household member living in the residence or	538
household and the respondent is the sole owner or lessee of the	539
residence or household, grant possession of the residence or	540
household to the petitioner or other family or household member,	541
to the exclusion of the respondent, by ordering the respondent to	542
vacate the premises, or, in the case of a consent agreement, allow	543
the respondent to provide suitable, alternative housing;	544

(d) Temporarily allocate parental rights and responsibilities	545
for the care of, or establish temporary parenting time rights with	546
regard to, minor children, if no other court has determined, or is	547
determining, the allocation of parental rights and	548
responsibilities for the minor children or parenting time rights;	549

(e) Require the respondent to maintain support, if the	550
respondent customarily provides for or contributes to the support	551
of the family or household member, or if the respondent has a duty	552
to support the petitioner or family or household member;	553

(f) Require the respondent, petitioner, victim of domestic	554
violence, or any combination of those persons, to seek counseling;	555

(g) Require the respondent to refrain from entering the	556
residence, school, business, or place of employment of the	557
petitioner or family or household member;	558

(h) Grant other relief that the court considers equitable and	559
fair, including, but not limited to, ordering the respondent to	560
permit the use of a motor vehicle by the petitioner or other	561
family or household member and the apportionment of household and	562
family personal property.	563

(2) If a protection order has been issued pursuant to this	564
section in a prior action involving the respondent and the	565
petitioner or one or more of the family or household members or	566
victims, the court may include in a protection order that it	567
issues a prohibition against the respondent returning to the	568
residence or household. If it includes a prohibition against the	569
respondent returning to the residence or household in the order,	570
it also shall include in the order provisions of the type	571
described in division (E)(7) of this section. This division does	572
not preclude the court from including in a protection order or	573
consent agreement, in circumstances other than those described in	574
this division, a requirement that the respondent be evicted from	575
or vacate the residence or household or refrain from entering the	576
residence, school, business, or place of employment of the	577
petitioner or a family or household member, and, if the court	578
includes any requirement of that type in an order or agreement,	579
the court also shall include in the order provisions of the type	580
described in division (E)(7) of this section.	581

(3)(a) Any protection order issued or consent agreement	582
approved under this section shall be valid until a date certain,	583
but not later than five years from the date of its issuance or	584
approval, or not later than the date a respondent who is less than	585
eighteen years of age attains nineteen years of age, unless	586
modified or terminated as provided in division (E)(8) of this	587
section.	588

(b) Subject to the limitation on the duration of an order or	589
agreement set forth in division (E)(3)(a) of this section, any	590
order under division (E)(1)(d) of this section shall terminate on	591
the date that a court in an action for divorce, dissolution of	592
marriage, or legal separation brought by the petitioner or	593
respondent issues an order allocating parental rights and	594
responsibilities for the care of children or on the date that a	595
juvenile court in an action brought by the petitioner or	596
respondent issues an order awarding legal custody of minor	597
children. Subject to the limitation on the duration of an order or	598
agreement set forth in division (E)(3)(a) of this section, any	599
order under division (E)(1)(e) of this section shall terminate on	600
the date that a court in an action for divorce, dissolution of	601
marriage, or legal separation brought by the petitioner or	602
respondent issues a support order or on the date that a juvenile	603
court in an action brought by the petitioner or respondent issues	604
a support order.	605

(c) Any protection order issued or consent agreement approved	606
pursuant to this section may be renewed in the same manner as the	607
original order or agreement was issued or approved.	608

(4) A court may not issue a protection order that requires a	609
petitioner to do or to refrain from doing an act that the court	610
may require a respondent to do or to refrain from doing under	611
division (E)(1)(a), (b), (c), (d), (e), (g), or (h) of this	612
section unless all of the following apply:	613

(a) The respondent files a separate petition for a protection	614
order in accordance with this section.	615

(b) The petitioner is served notice of the respondent's	616
petition at least forty-eight hours before the court holds a	617
hearing with respect to the respondent's petition, or the	618
petitioner waives the right to receive this notice.	619

(c) If the petitioner has requested an ex parte order	620
pursuant to division (D) of this section, the court does not delay	621
any hearing required by that division beyond the time specified in	622
that division in order to consolidate the hearing with a hearing	623
on the petition filed by the respondent.	624

(d) After a full hearing at which the respondent presents	625
evidence in support of the request for a protection order and the	626
petitioner is afforded an opportunity to defend against that	627
evidence, the court determines that the petitioner has committed	628
an act of domestic violence or has violated a temporary protection	629
order issued pursuant to section 2919.26 of the Revised Code, that	630
both the petitioner and the respondent acted primarily as	631
aggressors, and that neither the petitioner nor the respondent	632
acted primarily in self-defense.	633

(5) No protection order issued or consent agreement approved	634
under this section shall in any manner affect title to any real	635
property.	636

(6)(a) If a petitioner, or the child of a petitioner, who	637
obtains a protection order or consent agreement pursuant to	638
division (E)(1) of this section or a temporary protection order	639
pursuant to section 2919.26 of the Revised Code and is the subject	640
of a parenting time order issued pursuant to section 3109.051 or	641
3109.12 of the Revised Code or a visitation or companionship order	642
issued pursuant to section 3109.051, 3109.11, or 3109.12 of the	643
Revised Code or division (E)(1)(d) of this section granting	644
parenting time rights to the respondent, the court may require the	645
public children services agency of the county in which the court	646
is located to provide supervision of the respondent's exercise of	647
parenting time or visitation or companionship rights with respect	648
to the child for a period not to exceed nine months, if the court	649
makes the following findings of fact:	650

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

651

(ii) No other person or agency is available to provide the	652
supervision.	653

(b) A court that requires an agency to provide supervision	654
pursuant to division (E)(6)(a) of this section shall order the	655
respondent to reimburse the agency for the cost of providing the	656
supervision, if it determines that the respondent has sufficient	657
income or resources to pay that cost.	658

(7)(a) If a protection order issued or consent agreement	659
approved under this section includes a requirement that the	660
respondent be evicted from or vacate the residence or household or	661
refrain from entering the residence, school, business, or place of	662
employment of the petitioner or a family or household member, the	663
order or agreement shall state clearly that the order or agreement	664
cannot be waived or nullified by an invitation to the respondent	665
from the petitioner or other family or household member to enter	666
the residence, school, business, or place of employment or by the	667
respondent's entry into one of those places otherwise upon the	668
consent of the petitioner or other family or household member.	669

(b) Division (E)(7)(a) of this section does not limit any	670
discretion of a court to determine that a respondent charged with	671
a violation of section 2919.27 of the Revised Code, with a	672
violation of a municipal ordinance substantially equivalent to	673
that section, or with contempt of court, which charge is based on	674
an alleged violation of a protection order issued or consent	675
agreement approved under this section, did not commit the	676
violation or was not in contempt of court.	677

(8)(a) The court may modify or terminate as provided in	678
division (E)(8) of this section a protection order or consent	679
agreement that was issued after a full hearing under this section.	680
The court that issued the protection order or approved the consent	681
agreement shall hear a motion for modification or termination of	682
the protection order or consent agreement pursuant to division	683
(E)(8) of this section.	684

(b) Either the petitioner or the respondent of the original	685
protection order or consent agreement may bring a motion for	686
modification or termination of a protection order or consent	687
agreement that was issued or approved after a full hearing. The	688
court shall require notice of the motion to be made as provided by	689
the Rules of Civil Procedure. If the petitioner for the original	690
protection order or consent agreement has requested that the	691
petitioner's address be kept confidential, the court shall not	692
disclose the address to the respondent of the original protection	693
order or consent agreement or any other person, except as	694
otherwise required by law. The moving party has the burden of	695
proof to show, by a preponderance of the evidence, that	696
modification or termination of the protection order or consent	697
agreement is appropriate because either the protection order or	698
consent agreement is no longer needed or because the terms of the	699
original protection order or consent agreement are no longer	700
appropriate.	701

(c) In considering whether to modify or terminate a	702
protection order or consent agreement issued or approved under	703
this section, the court shall consider all relevant factors,	704
including, but not limited to, the following:	705

(i) Whether the petitioner consents to modification or	706
termination of the protection order or consent agreement;	707

(ii) Whether the petitioner fears the respondent;

708

(iii) The current nature of the relationship between the	709
petitioner and the respondent;	710

(iv) The circumstances of the petitioner and respondent,	711
including the relative proximity of the petitioner's and	712
respondent's workplaces and residences and whether the petitioner	713
and respondent have minor children together;	714

(v) Whether the respondent has complied with the terms and	715
conditions of the original protection order or consent agreement;	716

(vi) Whether the respondent has a continuing involvement with	717
illegal drugs or alcohol;	718

(vii) Whether the respondent has been convicted of, pleaded	719
guilty to, or been adjudicated a delinquent child for an offense	720
of violence since the issuance of the protection order or approval	721
of the consent agreement;	722

(viii) Whether any other protection orders, consent	723
agreements, restraining orders, or no contact orders have been	724
issued against the respondent pursuant to this section, section	725
2919.26 of the Revised Code, any other provision of state law, or	726
the law of any other state;	727

(ix) Whether the respondent has participated in any domestic	728
violence treatment, intervention program, or other counseling	729
addressing domestic violence and whether the respondent has	730
completed the treatment, program, or counseling;	731

(x) The time that has elapsed since the protection order was	732
issued or since the consent agreement was approved;	733

(xi) The age and health of the respondent;

734

(xii) When the last incident of abuse, threat of harm, or	735
commission of a sexually oriented offense occurred or other	736
relevant information concerning the safety and protection of the	737
petitioner or other protected parties.	738

(d) If a protection order or consent agreement is modified or	739
terminated as provided in division (E)(8) of this section, the	740
court shall issue copies of the modified or terminated order or	741
agreement as provided in division (F) of this section. A	742
petitioner may also provide notice of the modification or	743
termination to the judicial and law enforcement officials in any	744
county other than the county in which the order or agreement is	745
modified or terminated as provided in division (N) of this	746
section.	747

(e) If the respondent moves for modification or termination	748
of a protection order or consent agreement pursuant to this	749
section, the court may assess costs against the respondent for the	750
filing of the motion.	751

(9) Any protection order issued or any consent agreement	752
approved pursuant to this section shall include a provision that	753
the court will automatically seal all of the records of the	754
proceeding in which the order is issued or agreement approved on	755
the date the respondent attains the age of nineteen years unless	756
the petitioner provides the court with evidence that the	757
respondent has not complied with all of the terms of the	758
protection order or consent agreement. The protection order or	759
consent agreement shall specify the date when the respondent	760
attains the age of nineteen years.	761

(F)(1) A copy of any protection order, or consent agreement,	762
that is issued, approved, modified, or terminated under this	763
section shall be issued by the court to the petitioner, to the	764
respondent, and to all law enforcement agencies that have	765
jurisdiction to enforce the order or agreement. The court shall	766
direct that a copy of an order be delivered to the respondent on	767
the same day that the order is entered.	768

(2) UponIn addition to the notice required by division (B)	769
of section 3113.311 of the Revised Code, upon the issuance of a	770
protection order or the approval of a consent agreement under this	771
section, the court shall provide the parties to the order or	772
agreement with the following notice orally or by form:	773

"NOTICE	774

As a result of this order or consent agreement, it may be	775
unlawful for you to possess or purchase a firearm, including a	776
rifle, pistol, or revolver, or ammunition pursuant to federal law	777
under 18 U.S.C. 922(g)(8). If you have any questions whether this	778
law makes it illegal for you to possess or purchase a firearm or	779
ammunition, you should consult an attorney."	780

(3) All law enforcement agencies shall establish and maintain	781
an index for the protection orders and the approved consent	782
agreements delivered to the agencies pursuant to division (F)(1)	783
of this section. With respect to each order and consent agreement	784
delivered, each agency shall note on the index the date and time	785
that it received the order or consent agreement.	786

(4) Regardless of whether the petitioner has registered the	787
order or agreement in the county in which the officer's agency has	788
jurisdiction pursuant to division (N) of this section, any officer	789
of a law enforcement agency shall enforce a protection order	790
issued or consent agreement approved by any court in this state in	791
accordance with the provisions of the order or agreement,	792
including removing the respondent from the premises, if	793
appropriate.	794

(G) Any proceeding under this section shall be conducted in	795
accordance with the Rules of Civil Procedure, except that an order	796
under this section may be obtained with or without bond. An order	797
issued under this section, other than an ex parte order, that	798
grants a protection order or approves a consent agreement, that	799
refuses to grant a protection order or approve a consent agreement	800
that modifies or terminates a protection order or consent	801
agreement, or that refuses to modify or terminate a protection	802
order or consent agreement, is a final, appealable order. The	803
remedies and procedures provided in this section are in addition	804
to, and not in lieu of, any other available civil or criminal	805
remedies.	806

(H) The filing of proceedings under this section does not	807
excuse a person from filing any report or giving any notice	808
required by section 2151.421 of the Revised Code or by any other	809
law. When a petition under this section alleges domestic violence	810
against minor children, the court shall report the fact, or cause	811
reports to be made, to a county, township, or municipal peace	812
officer under section 2151.421 of the Revised Code.	813

(I) Any law enforcement agency that investigates a domestic	814
dispute shall provide information to the family or household	815
members involved regarding the relief available under this section	816
and section 2919.26 of the Revised Code.	817

(J) Notwithstanding any provision of law to the contrary and	818
regardless of whether a protection order is issued or a consent	819
agreement is approved by a court of another county or a court of	820
another state, no court or unit of state or local government shall	821
charge any fee, cost, deposit, or money in connection with the	822
filing of a petition pursuant to this section or in connection	823
with the filing, issuance, registration, or service of a	824
protection order or consent agreement, or for obtaining a	825
certified copy of a protection order or consent agreement.	826

(K)(1) The court shall comply with Chapters 3119., 3121.,	827
3123., and 3125. of the Revised Code when it makes or modifies an	828
order for child support under this section.	829

(2) If any person required to pay child support under an	830
order made under this section on or after April 15, 1985, or	831
modified under this section on or after December 31, 1986, is	832
found in contempt of court for failure to make support payments	833
under the order, the court that makes the finding, in addition to	834
any other penalty or remedy imposed, shall assess all court costs	835
arising out of the contempt proceeding against the person and	836
require the person to pay any reasonable attorney's fees of any	837
adverse party, as determined by the court, that arose in relation	838
to the act of contempt.	839

(L)(1) A person who violates a protection order issued or a	840
consent agreement approved under this section is subject to the	841
following sanctions:	842

(a) Criminal prosecution or a delinquent child proceeding for	843
a violation of section 2919.27 of the Revised Code, if the	844
violation of the protection order or consent agreement constitutes	845
a violation of that section;	846

(b) Punishment for contempt of court.

847

(2) The punishment of a person for contempt of court for	848
violation of a protection order issued or a consent agreement	849
approved under this section does not bar criminal prosecution of	850
the person or a delinquent child proceeding concerning the person	851
for a violation of section 2919.27 of the Revised Code. However, a	852
person punished for contempt of court is entitled to credit for	853
the punishment imposed upon conviction of or adjudication as a	854
delinquent child for a violation of that section, and a person	855
convicted of or adjudicated a delinquent child for a violation of	856
that section shall not subsequently be punished for contempt of	857
court arising out of the same activity.	858

(M) In all stages of a proceeding under this section, a	859
petitioner may be accompanied by a victim advocate.	860

(N)(1) A petitioner who obtains a protection order or consent	861
agreement under this section or a temporary protection order under	862
section 2919.26 of the Revised Code may provide notice of the	863
issuance or approval of the order or agreement to the judicial and	864
law enforcement officials in any county other than the county in	865
which the order is issued or the agreement is approved by	866
registering that order or agreement in the other county pursuant	867
to division (N)(2) of this section and filing a copy of the	868
registered order or registered agreement with a law enforcement	869
agency in the other county in accordance with that division. A	870
person who obtains a protection order issued by a court of another	871
state may provide notice of the issuance of the order to the	872
judicial and law enforcement officials in any county of this state	873
by registering the order in that county pursuant to section	874
2919.272 of the Revised Code and filing a copy of the registered	875
order with a law enforcement agency in that county.	876

(2) A petitioner may register a temporary protection order,	877
protection order, or consent agreement in a county other than the	878
county in which the court that issued the order or approved the	879
agreement is located in the following manner:	880

(a) The petitioner shall obtain a certified copy of the order	881
or agreement from the clerk of the court that issued the order or	882
approved the agreement and present that certified copy to the	883
clerk of the court of common pleas or the clerk of a municipal	884
court or county court in the county in which the order or	885
agreement is to be registered.	886

(b) Upon accepting the certified copy of the order or	887
agreement for registration, the clerk of the court of common	888
pleas, municipal court, or county court shall place an endorsement	889
of registration on the order or agreement and give the petitioner	890
a copy of the order or agreement that bears that proof of	891
registration.	892

(3) The clerk of each court of common pleas, the clerk of	893
each municipal court, and the clerk of each county court shall	894
maintain a registry of certified copies of temporary protection	895
orders, protection orders, or consent agreements that have been	896
issued or approved by courts in other counties and that have been	897
registered with the clerk.	898

(O) Nothing in this section prohibits the domestic relations	899
division of a court of common pleas in counties that have a	900
domestic relations division or a court of common pleas in counties	901
that do not have a domestic relations division from designating a	902
minor child as a protected party on a protection order or consent	903
agreement.	904

Sec. 3113.311.  (A) A petitioner who requests an ex parte	905
protection order pursuant to division (D)(1) of section 3113.31 of	906
the Revised Code shall describe in the petition the number, types,	907
and locations of any firearms presently known by the petitioner to	908
be possessed or controlled by the respondent.	909

(B) An ex parte protection order issued pursuant to division	910
(D)(1) of section 3113.31 of the Revised Code shall prohibit the	911
respondent from owning, possessing, purchasing, or receiving a	912
firearm or ammunition while that order is in effect. The order	913
shall include or be accompanied by a written notice that states	914
the respondent's obligations under this section, including the	915
specific date by which any firearms must be surrendered.	916

(C) A respondent who is served with an order and notice	917
described in division (B) of this section shall promptly surrender	918
any firearms in or subject to the respondent's immediate	919
possession or control. If the order and notice are served by a law	920
enforcement officer and the officer requests the surrender to the	921
officer of any firearms, the respondent shall immediately	922
surrender the firearms in a safe manner to the officer. If the	923
order and notice are not served by a law enforcement officer or	924
the officer does not request surrender to the officer of any	925
firearms, the respondent shall surrender any firearms within	926
twenty-four hours after service of the order and notice by	927
surrendering the firearms in a safe manner to a law enforcement	928
officer or by selling the firearms to a federally licensed	929
firearms dealer. An officer or dealer who takes possession of a	930
firearm pursuant to this section shall give a receipt for the	931
firearm to the respondent at the time of surrender or sale.	932

(D) Within forty-eight hours after being served with the	933
order and notice described in division (B) of this section, the	934
respondent shall do both of the following:	935

(1) File with the court that issued the order the receipt	936
showing that the firearm was surrendered to a law enforcement	937
officer or sold to a federally licensed firearms dealer;	938

(2) File a copy of the receipt with the law enforcement	939
agency that employs the officer who served the order and notice	940
or, if someone other than a law enforcement officer served the	941
order and notice, with the municipal law enforcement agency having	942
jurisdiction over the place where the order and notice were served	943
or, if that place is in an unincorporated area, with the sheriff	944
having jurisdiction over that place.	945

(E) A law enforcement agency may charge the respondent a fee	946
for the storage of any firearm surrendered pursuant to this	947
section. This fee shall not exceed the costs incurred by the	948
agency that are directly related to taking possession of and	949
storing the firearm and either returning the firearm to the	950
respondent or selling it to a federally licensed firearms dealer.	951

(F)(1) Within five days after the expiration of an order	952
described in division (B) of this section, a law enforcement	953
agency having custody of a firearm surrendered pursuant to the	954
order shall return the firearm to the respondent, unless another	955
protection order has been issued that prohibits the respondent	956
from possessing a firearm or the agency determines that the	957
firearm has been stolen or that the respondent is prohibited from	958
possessing a firearm under state or federal law.	959

(2)(a) If a law enforcement agency determines that the	960
respondent is the legal owner of any firearm deposited with the	961
agency and is prohibited from possessing any firearm, the	962
respondent may make one sale of all of the defendant's firearms	963
that are in the custody of the agency to a federally licensed	964
firearms dealer while the order remains in effect. Within five	965
days after a dealer presents the agency with a bill of sale	966
indicating that the respondent has sold to the dealer all of the	967
respondent's firearms that are in the agency's custody, the agency	968
shall give possession of those firearms to the dealer.	969

(b) If a law enforcement agency determines that the	970
respondent is not the legal owner of any firearm deposited with	971
the agency, the agency shall make a reasonable attempt to identify	972
and return the firearm to the legal owner. If the agency cannot	973
identify the legal owner or if the owner is prohibited from	974
possessing a firearm, the agency shall treat the firearm as	975
unclaimed property and dispose of it accordingly.	976

(G)(1) In an ex parte protection order issued pursuant to	977
division (D)(1) of section 3113.31 of the Revised Code, a court	978
may grant an exemption from the requirement that the respondent	979
surrender any firearms if the respondent can show that a	980
particular firearm is necessary as a condition of the respondent's	981
continued employment and that the current employer is unable to	982
reassign the respondent to another position where a firearm is	983
unnecessary. If the court grants an exemption, the order shall	984
provide that the respondent shall have physical possession of the	985
firearm only during scheduled work hours and during travel to and	986
from the respondent's place of employment.	987

(2) If the respondent is a peace officer who must carry a	988
firearm as a condition of employment and whose personal safety	989
depends on the ability to carry a firearm, a court may allow the	990
respondent to carry a firearm while on or off duty if, after a	991
psychological evaluation of the respondent, the court finds by a	992
preponderance of the evidence that the officer does not pose a	993
threat of harm. The court may require the peace officer to enter	994
into counseling or other remedial treatment program to deal with	995
any propensity for domestic violence.	996

(3) If the respondent notifies the court that the respondent	997
owns a firearm that is not in the respondent's immediate	998
possession, the court may limit the order to exclude that firearm	999
if the court is satisfied the respondent is unable to gain access	1000
to that firearm while the protective order is in effect.	1001

(H) If the respondent refuses to relinquish possession of any	1002
firearm on the grounds that such relinquishment would constitute	1003
self-incrimination in violation of the United States Constitution	1004
or Ohio Constitution, the court may grant use immunity for the act	1005
of relinquishing the firearm.	1006

Section 2.  That existing sections 2919.26 and 3113.31 of the	1007
Revised Code are hereby repealed.	1008