| (D) Whoever violates division (A) of section 959.13 of the | 26 |
|
Revised Code is guilty of a misdemeanor of the second degree. In | 27 |
|
addition, the court may order the offender to forfeit the animal | 28 |
|
or livestock and may provide for its disposition, including, but | 29 |
|
not limited to, the sale of the animal or livestock. If an animal | 30 |
|
or livestock is forfeited and sold pursuant to this division, the | 31 |
|
proceeds from the sale first shall be applied to pay the expenses | 32 |
|
incurred with regard to the care of the animal from the time it | 33 |
|
was taken from the custody of the former owner. The balance of the | 34 |
|
proceeds from the sale, if any, shall be paid to the former owner | 35 |
|
of the animal. | 36 |
| (E)(1)(a) Whoever violates division (B) of section 959.131 of | 37 |
|
the Revised Code is guilty of a misdemeanor of the first degree on | 38 |
|
a first offense and a felony of the fifth degree on each | 39 |
|
subsequent offense. In addition to any other sanction imposed for | 40 |
|
a felony violation of division (B) of section 959.131 of the | 41 |
|
Revised Code if the offender is not already undergoing counseling | 42 |
|
pursuant to division (E)(4) of this section, a court shall impose | 43 |
|
a term of basic probation supervision or a term of intensive | 44 |
|
probation supervision. | 45 |
| (3)(a) A court may order a person who is convicted of or | 53 |
|
pleads guilty to a violation of section 959.131 of the Revised | 54 |
|
Code to forfeit to an impounding agency, as defined in section | 55 |
|
959.132 of the Revised Code, any or all of the companion animals | 56 |
|
in that person's ownership or care. The court also may prohibit or | 57 |
|
place limitations on the person's ability to own or care for any | 58 |
|
companion animals for a specified or indefinite period of time. | 59 |
(4) If(a) Except as otherwise provided in division (E)(4)(b) | 67 |
|
of this section, if a court has reason to believe that a person | 68 |
|
who is convicted of or pleads guilty to a violation of section | 69 |
|
959.131 of the Revised Code suffers from a mental or emotional | 70 |
|
disorder that contributed to the violation, the court may impose | 71 |
|
as a community control sanction or as a condition of probation a | 72 |
|
requirement that the offender undergo psychological evaluation or | 73 |
|
counseling. The court shall order the offender to pay the costs of | 74 |
|
the evaluation or counseling. | 75 |
| (2) Commit the child to the temporary custody of any school, | 98 |
|
camp, institution, or other facility operated for the care of | 99 |
|
delinquent children by the county, by a district organized under | 100 |
section
2152.41 or 2151.65 or 2152.41 of the Revised Code, or by a | 101 |
|
private agency or organization, within or without the state, that | 102 |
|
is authorized and qualified to provide the care, treatment, or | 103 |
|
placement required, including, but not limited to, a school, camp, | 104 |
|
or facility operated under section 2151.65 of the Revised Code; | 105 |
| (4) Place the child on community control under any sanctions, | 109 |
|
services, and conditions that the court prescribes. As a condition | 110 |
|
of community control in every case and in addition to any other | 111 |
|
condition that it imposes upon the child, the court shall require | 112 |
|
the child to abide by the law during the period of community | 113 |
|
control. As referred to in this division, community control | 114 |
|
includes, but is not limited to, the following sanctions and | 115 |
|
conditions: | 116 |
| A period of house arrest with electronic monitoring or | 156 |
|
continuous alcohol monitoring or both electronic monitoring and | 157 |
|
continuous alcohol monitoring, imposed under this division shall | 158 |
|
not extend beyond the child's twenty-first birthday. If a court | 159 |
|
imposes a period of house arrest with electronic monitoring or | 160 |
|
continuous alcohol monitoring or both electronic monitoring and | 161 |
|
continuous alcohol monitoring, upon a child under this division, | 162 |
|
it shall require the child: to remain in the child's home or other | 163 |
|
specified premises for the entire period of house arrest with | 164 |
|
electronic monitoring or continuous alcohol monitoring or both | 165 |
|
except when the court permits the child to leave those premises to | 166 |
|
go to school or to other specified premises. Regarding electronic | 167 |
|
monitoring, the court also shall require the child to be monitored | 168 |
|
by a central system that can determine the child's location at | 169 |
|
designated times; to report periodically to a person designated by | 170 |
|
the court; and to enter into a written contract with the court | 171 |
|
agreeing to comply with all requirements imposed by the court, | 172 |
|
agreeing to pay any fee imposed by the court for the costs of the | 173 |
|
house arrest with electronic monitoring, and agreeing to waive the | 174 |
|
right to receive credit for any time served on house arrest with | 175 |
|
electronic monitoring toward the period of any other dispositional | 176 |
|
order imposed upon the child if the child violates any of the | 177 |
|
requirements of the dispositional order of house arrest with | 178 |
|
electronic monitoring. The court also may impose other reasonable | 179 |
|
requirements upon the child. | 180 |
| Unless ordered by the court, a child shall not receive credit | 181 |
|
for any time served on house arrest with electronic monitoring or | 182 |
|
continuous alcohol monitoring or both toward any other | 183 |
|
dispositional order imposed upon the child for the act for which | 184 |
|
was imposed the dispositional order of house arrest with | 185 |
|
electronic monitoring or continuous alcohol monitoring. As used in | 186 |
this division and division (A)(4)(l)(j) of this section, | 187 |
|
"continuous alcohol monitoring" has the same meaning as in section | 188 |
|
2929.01 of the Revised Code. | 189 |
| (l) A suspension of the driver's license, probationary | 190 |
|
driver's license, or temporary instruction permit issued to the | 191 |
|
child for a period of time prescribed by the court, or a | 192 |
|
suspension of the registration of all motor vehicles registered in | 193 |
|
the name of the child for a period of time prescribed by the | 194 |
|
court. A child whose license or permit is so suspended is | 195 |
|
ineligible for issuance of a license or permit during the period | 196 |
|
of suspension. At the end of the period of suspension, the child | 197 |
|
shall not be reissued a license or permit until the child has paid | 198 |
|
any applicable reinstatement fee and complied with all | 199 |
|
requirements governing license reinstatement. | 200 |
| (b) If a child is adjudicated a delinquent child for being a | 218 |
|
chronic truant or a habitual truant who previously has been | 219 |
|
adjudicated an unruly child for being a habitual truant and the | 220 |
|
court determines that the parent, guardian, or other person having | 221 |
|
care of the child has failed to cause the child's attendance at | 222 |
|
school in violation of section 3321.38 of the Revised Code, do | 223 |
|
either or both of the following: | 224 |
| (B) If a child is adjudicated a delinquent child, in addition | 246 |
|
to any order of disposition made under division (A) of this | 247 |
|
section, the court, in the following situations and for the | 248 |
|
specified periods of time, shall suspend the child's temporary | 249 |
|
instruction permit, restricted license, probationary driver's | 250 |
|
license, or nonresident operating privilege, or suspend the | 251 |
|
child's ability to obtain such a permit: | 252 |
| (2) If the child is adjudicated a delinquent child for | 260 |
|
committing an act that if committed by an adult would be a drug | 261 |
|
abuse offense or for violating division (B) of section 2917.11 of | 262 |
|
the Revised Code, suspend the child's license, permit, or | 263 |
|
privilege for a period of time prescribed by the court. The court, | 264 |
|
in its discretion, may terminate the suspension if the child | 265 |
|
attends and satisfactorily completes a drug abuse or alcohol abuse | 266 |
|
education, intervention, or treatment program specified by the | 267 |
|
court. During the time the child is attending a program described | 268 |
|
in this division, the court shall retain the child's temporary | 269 |
|
instruction permit, probationary driver's license, or driver's | 270 |
|
license, and the court shall return the permit or license if it | 271 |
|
terminates the suspension as described in this division. | 272 |
| (D)(1) If a child is adjudicated a delinquent child for | 278 |
|
committing an act that would be a felony if committed by an adult | 279 |
|
and if the child caused, attempted to cause, threatened to cause, | 280 |
|
or created a risk of physical harm to the victim of the act, the | 281 |
|
court, prior to issuing an order of disposition under this | 282 |
|
section, shall order the preparation of a victim impact statement | 283 |
|
by the probation department of the county in which the victim of | 284 |
|
the act resides, by the court's own probation department, or by a | 285 |
|
victim assistance program that is operated by the state, a county, | 286 |
|
a municipal corporation, or another governmental entity. The court | 287 |
|
shall consider the victim impact statement in determining the | 288 |
|
order of disposition to issue for the child. | 289 |
| (2) Each victim impact statement shall identify the victim of | 290 |
|
the act for which the child was adjudicated a delinquent child, | 291 |
|
itemize any economic loss suffered by the victim as a result of | 292 |
|
the act, identify any physical injury suffered by the victim as a | 293 |
|
result of the act and the seriousness and permanence of the | 294 |
|
injury, identify any change in the victim's personal welfare or | 295 |
|
familial relationships as a result of the act and any | 296 |
|
psychological impact experienced by the victim or the victim's | 297 |
|
family as a result of the act, and contain any other information | 298 |
|
related to the impact of the act upon the victim that the court | 299 |
|
requires. | 300 |
| (3) A victim impact statement shall be kept confidential and | 301 |
|
is not a public record. However, the court may furnish copies of | 302 |
|
the statement to the department of youth services if the | 303 |
|
delinquent child is committed to the department or to both the | 304 |
|
adjudicated delinquent child or the adjudicated delinquent child's | 305 |
|
counsel and the prosecuting attorney. The copy of a victim impact | 306 |
|
statement furnished by the court to the department pursuant to | 307 |
|
this section shall be kept confidential and is not a public | 308 |
|
record. If an officer is preparing pursuant to section 2947.06 or | 309 |
|
2951.03 of the Revised Code or Criminal Rule 32.2 a presentence | 310 |
|
investigation report pertaining to a person, the court shall make | 311 |
|
available to the officer, for use in preparing the report, a copy | 312 |
|
of any victim impact statement regarding that person. The copies | 313 |
|
of a victim impact statement that are made available to the | 314 |
|
adjudicated delinquent child or the adjudicated delinquent child's | 315 |
|
counsel and the prosecuting attorney pursuant to this division | 316 |
|
shall be returned to the court by the person to whom they were | 317 |
|
made available immediately following the imposition of an order of | 318 |
|
disposition for the child under this chapter. | 319 |
| (E) If a child is adjudicated a delinquent child for being a | 327 |
|
chronic truant or a habitual truant who previously has been | 328 |
|
adjudicated an unruly child for being a habitual truant and the | 329 |
|
court determines that the parent, guardian, or other person having | 330 |
|
care of the child has failed to cause the child's attendance at | 331 |
|
school in violation of section 3321.38 of the Revised Code, in | 332 |
|
addition to any order of disposition it makes under this section, | 333 |
|
the court shall warn the parent, guardian, or other person having | 334 |
|
care of the child that any subsequent adjudication of the child as | 335 |
|
an unruly or delinquent child for being a habitual or chronic | 336 |
|
truant may result in a criminal charge against the parent, | 337 |
|
guardian, or other person having care of the child for a violation | 338 |
|
of division (C) of section 2919.21 or section 2919.24 of the | 339 |
|
Revised Code. | 340 |
| (F) If a child under eighteen years of age is adjudicated a | 341 |
|
delinquent child for a violation of division (B) of section | 342 |
|
959.131 of the Revised Code, the court, in addition to any other | 343 |
|
disposition that it makes under this section, shall require the | 344 |
|
child to undergo a psychological evaluation. The evaluation shall | 345 |
|
determine if the child needs individual or family counseling and | 346 |
|
shall make a recommendation as to the frequency and the length of | 347 |
|
time that the counseling should occur. If individual or family | 348 |
|
counseling is recommended by the evaluation, the court shall | 349 |
|
require the counseling to take place and shall establish the | 350 |
|
frequency and the length of time of the counseling. The court may | 351 |
|
order the parent, guardian, or other person having care of the | 352 |
|
child to pay the costs of the evaluation, any counseling, or both. | 353 |
| (G)(1) During the period of a delinquent child's community | 354 |
|
control granted under this section, authorized probation officers | 355 |
|
who are engaged within the scope of their supervisory duties or | 356 |
|
responsibilities may search, with or without a warrant, the person | 357 |
|
of the delinquent child, the place of residence of the delinquent | 358 |
|
child, and a motor vehicle, another item of tangible or intangible | 359 |
|
personal property, or other real property in which the delinquent | 360 |
|
child has a right, title, or interest or for which the delinquent | 361 |
|
child has the express or implied permission of a person with a | 362 |
|
right, title, or interest to use, occupy, or possess if the | 363 |
|
probation officers have reasonable grounds to believe that the | 364 |
|
delinquent child is not abiding by the law or otherwise is not | 365 |
|
complying with the conditions of the delinquent child's community | 366 |
|
control. The court that places a delinquent child on community | 367 |
|
control under this section shall provide the delinquent child with | 368 |
|
a written notice that informs the delinquent child that authorized | 369 |
|
probation officers who are engaged within the scope of their | 370 |
|
supervisory duties or responsibilities may conduct those types of | 371 |
|
searches during the period of community control if they have | 372 |
|
reasonable grounds to believe that the delinquent child is not | 373 |
|
abiding by the law or otherwise is not complying with the | 374 |
|
conditions of the delinquent child's community control. The court | 375 |
|
also shall provide the written notice described in division | 376 |
(E)(G)(2) of this section to each parent, guardian, or custodian | 377 |
|
of the delinquent child who is described in that division. | 378 |
| (2) The court that places a child on community control under | 379 |
|
this section shall provide the child's parent, guardian, or other | 380 |
|
custodian with a written notice that informs them that authorized | 381 |
|
probation officers may conduct searches pursuant to division | 382 |
|
(E)(1) of this section. The notice shall specifically state that a | 383 |
|
permissible search might extend to a motor vehicle, another item | 384 |
|
of tangible or intangible personal property, or a place of | 385 |
|
residence or other real property in which a notified parent, | 386 |
|
guardian, or custodian has a right, title, or interest and that | 387 |
|
the parent, guardian, or custodian expressly or impliedly permits | 388 |
|
the child to use, occupy, or possess. | 389 |
| Sec. 2903.213. (A) Except when the complaint involves a | 403 |
|
person who is a family or household member as defined in section | 404 |
|
2919.25 of the Revised Code, upon the filing of a complaint that | 405 |
|
alleges a violation of section 2903.11, 2903.12, 2903.13, 2903.21, | 406 |
|
2903.211, 2903.22, or 2911.211 of the Revised Code, a violation of | 407 |
|
a municipal ordinance substantially similar to section 2903.13, | 408 |
|
2903.21, 2903.211, 2903.22, or 2911.211 of the Revised Code, or | 409 |
|
the commission of a sexually oriented offense, the complainant, | 410 |
|
the alleged victim, or a family or household member of an alleged | 411 |
|
victim may file a motion that requests the issuance of a | 412 |
|
protection order as a pretrial condition of release of the alleged | 413 |
|
offender, in addition to any bail set under Criminal Rule 46. The | 414 |
|
motion shall be filed with the clerk of the court that has | 415 |
|
jurisdiction of the case at any time after the filing of the | 416 |
|
complaint. If the complaint involves a person who is a family or | 417 |
|
household member, the complainant, the alleged victim, or the | 418 |
|
family or household member may file a motion for a temporary | 419 |
|
protection order pursuant to section 2919.26 of the Revised Code. | 420 |
| A complaint, a copy of which has been attached to this | 437 |
|
motion, has been filed in this court charging the named defendant | 438 |
|
with a violation of section 2903.11, 2903.12, 2903.13, 2903.21, | 439 |
|
2903.211, 2903.22, or 2911.211 of the Revised Code, a violation of | 440 |
|
a municipal ordinance substantially similar to section 2903.13, | 441 |
|
2903.21, 2903.211, 2903.22, or 2911.211 of the Revised Code, or | 442 |
|
the commission of a sexually oriented offense. | 443 |
| I understand that I must appear before the court, at a time | 444 |
|
set by the court not later than the next day that the court is in | 445 |
|
session after the filing of this motion, for a hearing on the | 446 |
|
motion, and that any protection order granted pursuant to this | 447 |
|
motion is a pretrial condition of release and is effective only | 448 |
|
until the disposition of the criminal proceeding arising out of | 449 |
|
the attached complaint or until the issuance under section | 450 |
|
2903.214 of the Revised Code of a protection order arising out of | 451 |
|
the same activities as those that were the basis of the attached | 452 |
|
complaint. | 453 |
| (C)(1) As soon as possible after the filing of a motion that | 458 |
|
requests the issuance of a protection order under this section, | 459 |
|
but not later than the next day that the court is in session after | 460 |
|
the filing of the motion, the court shall conduct a hearing to | 461 |
|
determine whether to issue the order. The person who requested the | 462 |
|
order shall appear before the court and provide the court with the | 463 |
|
information that it requests concerning the basis of the motion. | 464 |
|
If the court finds that the safety and protection of the | 465 |
|
complainant or the alleged victim may be impaired by the continued | 466 |
|
presence of the alleged offender, the court may issue a protection | 467 |
|
order under this section, as a pretrial condition of release, that | 468 |
|
contains terms designed to ensure the safety and protection of the | 469 |
|
complainant or the alleged victim, including a requirement that | 470 |
|
the alleged offender refrain from entering the residence, school, | 471 |
|
business, or place of employment of the complainant or the alleged | 472 |
|
victim.
The court may include within the scope of a protection | 473 |
|
order issued under this section any companion animal that is in | 474 |
|
the complainant's or alleged victim's residence and may issue | 475 |
|
additional orders as it considers appropriate for the protection | 476 |
|
of the companion animal, including any listed in division (D)(1) | 477 |
|
of this section. | 478 |
| (2)(a) If the court issues a protection order under this | 479 |
|
section that includes a requirement that the alleged offender | 480 |
|
refrain from entering the residence, school, business, or place of | 481 |
|
employment of the complainant or the alleged victim, the order | 482 |
|
shall clearly state that the order cannot be waived or nullified | 483 |
|
by an invitation to the alleged offender from the complainant, the | 484 |
|
alleged victim, or a family or household member to enter the | 485 |
|
residence, school, business, or place of employment or by the | 486 |
|
alleged offender's entry into one of those places otherwise upon | 487 |
|
the consent of the complainant, the alleged victim, or a family or | 488 |
|
household member. | 489 |
| (b) Division (C)(2)(a) of this section does not limit any | 490 |
|
discretion of a court to determine that an alleged offender | 491 |
|
charged with a violation of section 2919.27 of the Revised Code, | 492 |
|
with a violation of a municipal ordinance substantially equivalent | 493 |
|
to that section, or with contempt of court, which charge is based | 494 |
|
on an alleged violation of a protection order issued under this | 495 |
|
section, did not commit the violation or was not in contempt of | 496 |
|
court. | 497 |
| (D)(1) Except when the complaint involves a person who is a | 498 |
|
family or household member as defined in section 2919.25 of the | 499 |
|
Revised Code, upon the filing of a complaint that alleges a | 500 |
|
violation specified in division (A) of this section, the court, | 501 |
|
upon its own motion, may issue a protection order under this | 502 |
|
section as a pretrial condition of release of the alleged offender | 503 |
|
if it finds that the safety and protection of the complainant or | 504 |
|
the alleged victim may be impaired by the continued presence of | 505 |
|
the alleged offender.
The court may include within the scope of a | 506 |
|
protection order issued under this section any companion animal | 507 |
|
that is in the complainant's or alleged victim's residence and may | 508 |
|
issue additional orders as it considers appropriate for the | 509 |
|
protection of the companion animal, including any of the | 510 |
|
following: | 511 |
| (a) An order directing the alleged offender to refrain from | 512 |
|
abusing, threatening, injuring, concealing, disposing of, or | 513 |
|
interfering with the care, custody, and control of a companion | 514 |
|
animal that is in the possession of the complainant or the alleged | 515 |
|
victim or the alleged offender or that is owned by the complainant | 516 |
|
or the alleged victim; | 517 |
| (2) If the court issues a protection order under this section | 528 |
|
as an ex parte order, it shall conduct, as soon as possible after | 529 |
|
the issuance of the order but not later than the next day that the | 530 |
|
court is in session after its issuance, a hearing to determine | 531 |
|
whether the order should remain in effect, be modified, or be | 532 |
|
revoked. The hearing shall be conducted under the standards set | 533 |
|
forth in division (C) of this section. | 534 |
| (3) If a municipal court or a county court issues a | 535 |
|
protection order under this section and if, subsequent to the | 536 |
|
issuance of the order, the alleged offender who is the subject of | 537 |
|
the order is bound over to the court of common pleas for | 538 |
|
prosecution of a felony arising out of the same activities as | 539 |
|
those that were the basis of the complaint upon which the order is | 540 |
|
based, notwithstanding the fact that the order was issued by a | 541 |
|
municipal court or county court, the order shall remain in effect, | 542 |
|
as though it were an order of the court of common pleas, while the | 543 |
|
charges against the alleged offender are pending in the court of | 544 |
|
common pleas, for the period of time described in division (E)(2) | 545 |
|
of this section, and the court of common pleas has exclusive | 546 |
|
jurisdiction to modify the order issued by the municipal court or | 547 |
|
county court. This division applies when the alleged offender is | 548 |
|
bound over to the court of common pleas as a result of the person | 549 |
|
waiving a preliminary hearing on the felony charge, as a result of | 550 |
|
the municipal court or county court having determined at a | 551 |
|
preliminary hearing that there is probable cause to believe that | 552 |
|
the felony has been committed and that the alleged offender | 553 |
|
committed it, as a result of the alleged offender having been | 554 |
|
indicted for the felony, or in any other manner. | 555 |
| (2) Is effective only until the disposition, by the court | 560 |
|
that issued the order or, in the circumstances described in | 561 |
|
division (D)(3) of this section, by the court of common pleas to | 562 |
|
which the alleged offender is bound over for prosecution, of the | 563 |
|
criminal proceeding arising out of the complaint upon which the | 564 |
|
order is based or until the issuance under section 2903.214 of the | 565 |
|
Revised Code of a protection order arising out of the same | 566 |
|
activities as those that were the basis of the complaint filed | 567 |
|
under this section; | 568 |
| (G)(1) A copy of a protection order that is issued under this | 578 |
|
section shall be issued by the court to the complainant, to the | 579 |
|
alleged victim, to the person who requested the order, to the | 580 |
|
defendant, and to all law enforcement agencies that have | 581 |
|
jurisdiction to enforce the order. The court shall direct that a | 582 |
|
copy of the order be delivered to the defendant on the same day | 583 |
|
that the order is entered. If a municipal court or a county court | 584 |
|
issues a protection order under this section and if, subsequent to | 585 |
|
the issuance of the order, the defendant who is the subject of the | 586 |
|
order is bound over to the court of common pleas for prosecution | 587 |
|
as described in division (D)(3) of this section, the municipal | 588 |
|
court or county court shall direct that a copy of the order be | 589 |
|
delivered to the court of common pleas to which the defendant is | 590 |
|
bound over. | 591 |
| (I) Notwithstanding any provision of law to the contrary and | 606 |
|
regardless of whether a protection order is issued or a consent | 607 |
|
agreement is approved by a court of another county or by a court | 608 |
|
of another state, no court or unit of state or local government | 609 |
|
shall charge any fee, cost, deposit, or money in connection with | 610 |
|
the filing of a motion pursuant to this section, in connection | 611 |
|
with the filing, issuance, registration, or service of a | 612 |
|
protection order or consent agreement, or for obtaining certified | 613 |
|
copies of a protection order or consent agreement. | 614 |
| (2) If the petitioner seeks relief in the form of electronic | 648 |
|
monitoring of the respondent, an allegation that at any time | 649 |
|
preceding the filing of the petition the respondent engaged in | 650 |
|
conduct that would cause a reasonable person to believe that the | 651 |
|
health, welfare, or safety of the person to be protected was at | 652 |
|
risk, a description of the nature and extent of that conduct, and | 653 |
|
an allegation that the respondent presents a continuing danger to | 654 |
|
the person to be protected; | 655 |
| (D)(1) If a person who files a petition pursuant to this | 657 |
|
section requests an ex parte order, the court shall hold an ex | 658 |
|
parte hearing as soon as possible after the petition is filed, but | 659 |
|
not later than the next day that the court is in session after the | 660 |
|
petition is filed. The court, for good cause shown at the ex parte | 661 |
|
hearing, may enter any temporary orders, with or without bond, | 662 |
|
that the court finds necessary for the safety and protection of | 663 |
|
the person to be protected by the order. Immediate and present | 664 |
|
danger to the person to be protected by the protection order | 665 |
|
constitutes good cause for purposes of this section. Immediate and | 666 |
|
present danger includes, but is not limited to, situations in | 667 |
|
which the respondent has threatened the person to be protected by | 668 |
|
the protection order with bodily harm or in which the respondent | 669 |
|
previously has been convicted of or pleaded guilty to a violation | 670 |
|
of section 2903.211 of the Revised Code or a sexually oriented | 671 |
|
offense against the person to be protected by the protection | 672 |
|
order. | 673 |
| (2)(a) If the court, after an ex parte hearing, issues a | 674 |
|
protection order described in division (E) of this section, the | 675 |
|
court shall schedule a full hearing for a date that is within ten | 676 |
|
court days after the ex parte hearing. The court shall give the | 677 |
|
respondent notice of, and an opportunity to be heard at, the full | 678 |
|
hearing. The court shall hold the full hearing on the date | 679 |
|
scheduled under this division unless the court grants a | 680 |
|
continuance of the hearing in accordance with this division. Under | 681 |
|
any of the following circumstances or for any of the following | 682 |
|
reasons, the court may grant a continuance of the full hearing to | 683 |
|
a reasonable time determined by the court: | 684 |
| (E)(1)(a) After an ex parte or full hearing, the court may | 703 |
|
issue any protection order, with or without bond, that contains | 704 |
|
terms designed to ensure the safety and protection of the person | 705 |
|
to be protected by the protection order, including, but not | 706 |
|
limited to, a requirement that the respondent refrain from | 707 |
|
entering the residence, school, business, or place of employment | 708 |
|
of the petitioner or family or household member. If the court | 709 |
|
includes a requirement that the respondent refrain from entering | 710 |
|
the residence, school, business, or place of employment of the | 711 |
|
petitioner or family or household member in the order, it also | 712 |
|
shall include in the order provisions of the type described in | 713 |
|
division (E)(5) of this section.
The court may include within the | 714 |
|
scope of a protection order issued under this section any | 715 |
|
companion animal that is in the residence of the person to be | 716 |
|
protected and may issue additional orders as it considers | 717 |
|
appropriate for the protection of the companion animal, including | 718 |
|
any of the following: | 719 |
| (i) An order directing the respondent to refrain from | 720 |
|
abusing, threatening, injuring, concealing, disposing of, or | 721 |
|
interfering with the care, custody, and control of a companion | 722 |
|
animal that is in the possession of the person to be protected or | 723 |
|
the respondent or that is owned by the person to be protected; | 724 |
| (b) After a full hearing, if the court considering a petition | 735 |
|
that includes an allegation of the type described in division | 736 |
|
(C)(2) of this section, or the court upon its own motion, finds | 737 |
|
upon clear and convincing evidence that the petitioner reasonably | 738 |
|
believed that the respondent's conduct at any time preceding the | 739 |
|
filing of the petition endangered the health, welfare, or safety | 740 |
|
of the person to be protected and that the respondent presents a | 741 |
|
continuing danger to the person to be protected, the court may | 742 |
|
order that the respondent be electronically monitored for a period | 743 |
|
of time and under the terms and conditions that the court | 744 |
|
determines are appropriate. Electronic monitoring shall be in | 745 |
|
addition to any other relief granted to the petitioner. | 746 |
| (d) After a full hearing at which the respondent presents | 767 |
|
evidence in support of the request for a protection order and the | 768 |
|
petitioner is afforded an opportunity to defend against that | 769 |
|
evidence, the court determines that the petitioner has committed a | 770 |
|
violation of section 2903.211 of the Revised Code against the | 771 |
|
person to be protected by the protection order issued pursuant to | 772 |
|
division (E)(3) of this section, has committed a sexually oriented | 773 |
|
offense against the person to be protected by the protection order | 774 |
|
issued pursuant to division (E)(3) of this section, or has | 775 |
|
violated a protection order issued pursuant to section 2903.213 of | 776 |
|
the Revised Code relative to the person to be protected by the | 777 |
|
protection order issued pursuant to division (E)(3) of this | 778 |
|
section. | 779 |
| (5)(a) If the court issues a protection order under this | 782 |
|
section that includes a requirement that the alleged offender | 783 |
|
refrain from entering the residence, school, business, or place of | 784 |
|
employment of the petitioner or a family or household member, the | 785 |
|
order shall clearly state that the order cannot be waived or | 786 |
|
nullified by an invitation to the alleged offender from the | 787 |
|
complainant to enter the residence, school, business, or place of | 788 |
|
employment or by the alleged offender's entry into one of those | 789 |
|
places otherwise upon the consent of the petitioner or family or | 790 |
|
household member. | 791 |
| (b) Division (E)(5)(a) of this section does not limit any | 792 |
|
discretion of a court to determine that an alleged offender | 793 |
|
charged with a violation of section 2919.27 of the Revised Code, | 794 |
|
with a violation of a municipal ordinance substantially equivalent | 795 |
|
to that section, or with contempt of court, which charge is based | 796 |
|
on an alleged violation of a protection order issued under this | 797 |
|
section, did not commit the violation or was not in contempt of | 798 |
|
court. | 799 |
| As a result of this order, it may be unlawful for you to | 810 |
|
possess or purchase a firearm, including a rifle, pistol, or | 811 |
|
revolver, or ammunition pursuant to federal law under 18 U.S.C. | 812 |
|
922(g)(8). If you have any questions whether this law makes it | 813 |
|
illegal for you to possess or purchase a firearm or ammunition, | 814 |
|
you should consult an attorney." | 815 |
| (4) Regardless of whether the petitioner has registered the | 821 |
|
protection order in the county in which the officer's agency has | 822 |
|
jurisdiction pursuant to division (M) of this section, any officer | 823 |
|
of a law enforcement agency shall enforce a protection order | 824 |
|
issued pursuant to this section by any court in this state in | 825 |
|
accordance with the provisions of the order, including removing | 826 |
|
the respondent from the premises, if appropriate. | 827 |
| (G) Any proceeding under this section shall be conducted in | 828 |
|
accordance with the Rules of Civil Procedure, except that a | 829 |
|
protection order may be obtained under this section with or | 830 |
|
without bond. An order issued under this section, other than an ex | 831 |
|
parte order, that grants a protection order, or that refuses to | 832 |
|
grant a protection order, is a final, appealable order. The | 833 |
|
remedies and procedures provided in this section are in addition | 834 |
|
to, and not in lieu of, any other available civil or criminal | 835 |
|
remedies. | 836 |
| (J) Notwithstanding any provision of law to the contrary and | 847 |
|
regardless of whether a protection order is issued or a consent | 848 |
|
agreement is approved by a court of another county or by a court | 849 |
|
of another state, no court or unit of state or local government | 850 |
|
shall charge any fee, cost, deposit, or money in connection with | 851 |
|
the filing of a petition pursuant to this section, in connection | 852 |
|
with the filing, issuance, registration, or service of a | 853 |
|
protection order or consent agreement, or for obtaining a | 854 |
|
certified copy of a protection order or consent agreement. | 855 |
| (2) The punishment of a person for contempt of court for | 862 |
|
violation of a protection order issued under this section does not | 863 |
|
bar criminal prosecution of the person for a violation of section | 864 |
|
2919.27 of the Revised Code. However, a person punished for | 865 |
|
contempt of court is entitled to credit for the punishment imposed | 866 |
|
upon conviction of a violation of that section, and a person | 867 |
|
convicted of a violation of that section shall not subsequently be | 868 |
|
punished for contempt of court arising out of the same activity. | 869 |
| (M)(1) A petitioner who obtains a protection order under this | 872 |
|
section or a protection order under section 2903.213 of the | 873 |
|
Revised Code may provide notice of the issuance or approval of the | 874 |
|
order to the judicial and law enforcement officials in any county | 875 |
|
other than the county in which the order is issued by registering | 876 |
|
that order in the other county pursuant to division (M)(2) of this | 877 |
|
section and filing a copy of the registered order with a law | 878 |
|
enforcement agency in the other county in accordance with that | 879 |
|
division. A person who obtains a protection order issued by a | 880 |
|
court of another state may provide notice of the issuance of the | 881 |
|
order to the judicial and law enforcement officials in any county | 882 |
|
of this state by registering the order in that county pursuant to | 883 |
|
section 2919.272 of the Revised Code and filing a copy of the | 884 |
|
registered order with a law enforcement agency in that county. | 885 |
| (N)(1) If the court orders electronic monitoring of the | 905 |
|
respondent under this section, the court shall direct the | 906 |
|
sheriff's office or any other appropriate law enforcement agency | 907 |
|
to install the electronic monitoring device and to monitor the | 908 |
|
respondent. Unless the court determines that the respondent is | 909 |
|
indigent, the court shall order the respondent to pay the cost of | 910 |
|
the installation and monitoring of the electronic monitoring | 911 |
|
device. If the court determines that the respondent is indigent | 912 |
|
and subject to the maximum amount allowable to be paid in any year | 913 |
|
from the fund and the rules promulgated by the attorney general | 914 |
|
under division (N)(2) of this section, the cost of the | 915 |
|
installation and monitoring of the electronic monitoring device | 916 |
|
may be paid out of funds from the reparations fund created | 917 |
|
pursuant to section 2743.191 of the Revised Code. The total amount | 918 |
|
of costs for the installation and monitoring of electronic | 919 |
|
monitoring devices paid pursuant to this division and sections | 920 |
|
2151.34 and 2919.27 of the Revised Code from the reparations fund | 921 |
|
shall not exceed three hundred thousand dollars per year. | 922 |
| (2) The attorney general may promulgate rules pursuant to | 923 |
|
section 111.15 of the Revised Code to govern payments made from | 924 |
|
the reparations fund pursuant to this division and sections | 925 |
|
2151.34 and 2919.27 of the Revised Code. The rules may include | 926 |
|
reasonable limits on the total cost paid pursuant to this division | 927 |
|
and sections 2151.34 and 2919.27 of the Revised Code per | 928 |
|
respondent, the amount of the three hundred thousand dollars | 929 |
|
allocated to each county, and how invoices may be submitted by a | 930 |
|
county, court, or other entity. | 931 |
| Sec. 2919.26. (A)(1) Upon the filing of a complaint that | 932 |
|
alleges a violation of section 2909.06, 2909.07, 2911.12, or | 933 |
|
2911.211 of the Revised Code if the alleged victim of the | 934 |
|
violation was a family or household member at the time of the | 935 |
|
violation, a violation of a municipal ordinance that is | 936 |
|
substantially similar to any of those sections if the alleged | 937 |
|
victim of the violation was a family or household member at the | 938 |
|
time of the violation, any offense of violence if the alleged | 939 |
|
victim of the offense was a family or household member at the time | 940 |
|
of the commission of the offense, or any sexually oriented offense | 941 |
|
if the alleged victim of the offense was a family or household | 942 |
|
member at the time of the commission of the offense, the | 943 |
|
complainant, the alleged victim, or a family or household member | 944 |
|
of an alleged victim may file, or, if in an emergency the alleged | 945 |
|
victim is unable to file, a person who made an arrest for the | 946 |
|
alleged violation or offense under section 2935.03 of the Revised | 947 |
|
Code may file on behalf of the alleged victim, a motion that | 948 |
|
requests the issuance of a temporary protection order as a | 949 |
|
pretrial condition of release of the alleged offender, in addition | 950 |
|
to any bail set under Criminal Rule 46. The motion shall be filed | 951 |
|
with the clerk of the court that has jurisdiction of the case at | 952 |
|
any time after the filing of the complaint. | 953 |
| (2) For purposes of section 2930.09 of the Revised Code, all | 954 |
|
stages of a proceeding arising out of a complaint alleging the | 955 |
|
commission of a violation, offense of violence, or sexually | 956 |
|
oriented offense described in division (A)(1) of this section, | 957 |
|
including all proceedings on a motion for a temporary protection | 958 |
|
order, are critical stages of the case, and a victim may be | 959 |
|
accompanied by a victim advocate or another person to provide | 960 |
|
support to the victim as provided in that section. | 961 |
| A complaint, a copy of which has been attached to this | 978 |
|
motion, has been filed in this court charging the named defendant | 979 |
|
with .......................... (name of the specified violation, | 980 |
|
the offense of violence, or sexually oriented offense charged) in | 981 |
|
circumstances in which the victim was a family or household member | 982 |
|
in violation of (section of the Revised Code designating the | 983 |
|
specified violation, offense of violence, or sexually oriented | 984 |
|
offense charged), or charging the named defendant with a violation | 985 |
|
of a municipal ordinance that is substantially similar to | 986 |
|
........................ (section of the Revised Code designating | 987 |
|
the specified violation, offense of violence, or sexually oriented | 988 |
|
offense charged) involving a family or household member. | 989 |
| I understand that I must appear before the court, at a time | 990 |
|
set by the court within twenty-four hours after the filing of this | 991 |
|
motion, for a hearing on the motion or that, if I am unable to | 992 |
|
appear because of hospitalization or a medical condition resulting | 993 |
|
from the offense alleged in the complaint, a person who can | 994 |
|
provide information about my need for a temporary protection order | 995 |
|
must appear before the court in lieu of my appearing in court. I | 996 |
|
understand that any temporary protection order granted pursuant to | 997 |
|
this motion is a pretrial condition of release and is effective | 998 |
|
only until the disposition of the criminal proceeding arising out | 999 |
|
of the attached complaint, or the issuance of a civil protection | 1000 |
|
order or the approval of a consent agreement, arising out of the | 1001 |
|
same activities as those that were the basis of the complaint, | 1002 |
|
under section 3113.31 of the Revised Code. | 1003 |
| (C)(1) As soon as possible after the filing of a motion that | 1011 |
|
requests the issuance of a temporary protection order, but not | 1012 |
|
later than twenty-four hours after the filing of the motion, the | 1013 |
|
court shall conduct a hearing to determine whether to issue the | 1014 |
|
order. The person who requested the order shall appear before the | 1015 |
|
court and provide the court with the information that it requests | 1016 |
|
concerning the basis of the motion. If the person who requested | 1017 |
|
the order is unable to appear and if the court finds that the | 1018 |
|
failure to appear is because of the person's hospitalization or | 1019 |
|
medical condition resulting from the offense alleged in the | 1020 |
|
complaint, another person who is able to provide the court with | 1021 |
|
the information it requests may appear in lieu of the person who | 1022 |
|
requested the order. If the court finds that the safety and | 1023 |
|
protection of the complainant, alleged victim, or any other family | 1024 |
|
or household member of the alleged victim may be impaired by the | 1025 |
|
continued presence of the alleged offender, the court may issue a | 1026 |
|
temporary protection order, as a pretrial condition of release, | 1027 |
|
that contains terms designed to ensure the safety and protection | 1028 |
|
of the complainant, alleged victim, or the family or household | 1029 |
|
member, including a requirement that the alleged offender refrain | 1030 |
|
from entering the residence, school, business, or place of | 1031 |
|
employment of the complainant, alleged victim, or the family or | 1032 |
|
household member.
The court may include within the scope of a | 1033 |
|
protection order issued under this section any companion animal | 1034 |
|
that is in the complainant's or alleged victim's residence as | 1035 |
|
described in division (D)(1) of this section. | 1036 |
| (2)(a) If the court issues a temporary protection order that | 1037 |
|
includes a requirement that the alleged offender refrain from | 1038 |
|
entering the residence, school, business, or place of employment | 1039 |
|
of the complainant, the alleged victim, or the family or household | 1040 |
|
member, the order shall state clearly that the order cannot be | 1041 |
|
waived or nullified by an invitation to the alleged offender from | 1042 |
|
the complainant, alleged victim, or family or household member to | 1043 |
|
enter the residence, school, business, or place of employment or | 1044 |
|
by the alleged offender's entry into one of those places otherwise | 1045 |
|
upon the consent of the complainant, alleged victim, or family or | 1046 |
|
household member. | 1047 |
| (b) Division (C)(2)(a) of this section does not limit any | 1048 |
|
discretion of a court to determine that an alleged offender | 1049 |
|
charged with a violation of section 2919.27 of the Revised Code, | 1050 |
|
with a violation of a municipal ordinance substantially equivalent | 1051 |
|
to that section, or with contempt of court, which charge is based | 1052 |
|
on an alleged violation of a temporary protection order issued | 1053 |
|
under this section, did not commit the violation or was not in | 1054 |
|
contempt of court. | 1055 |
| (D)(1) Upon the filing of a complaint that alleges a | 1056 |
|
violation of section 2909.06, 2909.07, 2911.12, or 2911.211 of the | 1057 |
|
Revised Code if the alleged victim of the violation was a family | 1058 |
|
or household member at the time of the violation, a violation of a | 1059 |
|
municipal ordinance that is substantially similar to any of those | 1060 |
|
sections if the alleged victim of the violation was a family or | 1061 |
|
household member at the time of the violation, any offense of | 1062 |
|
violence if the alleged victim of the offense was a family or | 1063 |
|
household member at the time of the commission of the offense, or | 1064 |
|
any sexually oriented offense if the alleged victim of the offense | 1065 |
|
was a family or household member at the time of the commission of | 1066 |
|
the offense, the court, upon its own motion, may issue a temporary | 1067 |
|
protection order as a pretrial condition of release if it finds | 1068 |
|
that the safety and protection of the complainant, alleged victim, | 1069 |
|
or other family or household member of the alleged offender may be | 1070 |
|
impaired by the continued presence of the alleged offender.
The | 1071 |
|
court may include within the scope of a protection order issued | 1072 |
|
under this section any companion animal that is in the | 1073 |
|
complainant's or alleged victim's residence and may issue | 1074 |
|
additional orders as it considers appropriate for the protection | 1075 |
|
of the companion animal, including any of the following: | 1076 |
| (a) An order directing the alleged offender to refrain from | 1077 |
|
abusing, threatening, injuring, concealing, disposing of, or | 1078 |
|
interfering with the care, custody, and control of a companion | 1079 |
|
animal that is in the possession of the complainant or the alleged | 1080 |
|
victim or the alleged offender or that is owned by the complainant | 1081 |
|
or the alleged victim; | 1082 |
| (2) If the court issues a temporary protection order under | 1093 |
|
this section as an ex parte order, it shall conduct, as soon as | 1094 |
|
possible after the issuance of the order, a hearing in the | 1095 |
|
presence of the alleged offender not later than the next day on | 1096 |
|
which the court is scheduled to conduct business after the day on | 1097 |
|
which the alleged offender was arrested or at the time of the | 1098 |
|
appearance of the alleged offender pursuant to summons to | 1099 |
|
determine whether the order should remain in effect, be modified, | 1100 |
|
or be revoked. The hearing shall be conducted under the standards | 1101 |
|
set forth in division (C) of this section. | 1102 |
| (4) If a municipal court or a county court issues a temporary | 1106 |
|
protection order under this section and if, subsequent to the | 1107 |
|
issuance of the order, the alleged offender who is the subject of | 1108 |
|
the order is bound over to the court of common pleas for | 1109 |
|
prosecution of a felony arising out of the same activities as | 1110 |
|
those that were the basis of the complaint upon which the order is | 1111 |
|
based, notwithstanding the fact that the order was issued by a | 1112 |
|
municipal court or county court, the order shall remain in effect, | 1113 |
|
as though it were an order of the court of common pleas, while the | 1114 |
|
charges against the alleged offender are pending in the court of | 1115 |
|
common pleas, for the period of time described in division (E)(2) | 1116 |
|
of this section, and the court of common pleas has exclusive | 1117 |
|
jurisdiction to modify the order issued by the municipal court or | 1118 |
|
county court. This division applies when the alleged offender is | 1119 |
|
bound over to the court of common pleas as a result of the person | 1120 |
|
waiving a preliminary hearing on the felony charge, as a result of | 1121 |
|
the municipal court or county court having determined at a | 1122 |
|
preliminary hearing that there is probable cause to believe that | 1123 |
|
the felony has been committed and that the alleged offender | 1124 |
|
committed it, as a result of the alleged offender having been | 1125 |
|
indicted for the felony, or in any other manner. | 1126 |
| (G)(1) A copy of any temporary protection order that is | 1152 |
|
issued under this section shall be issued by the court to the | 1153 |
|
complainant, to the alleged victim, to the person who requested | 1154 |
|
the order, to the defendant, and to all law enforcement agencies | 1155 |
|
that have jurisdiction to enforce the order. The court shall | 1156 |
|
direct that a copy of the order be delivered to the defendant on | 1157 |
|
the same day that the order is entered. If a municipal court or a | 1158 |
|
county court issues a temporary protection order under this | 1159 |
|
section and if, subsequent to the issuance of the order, the | 1160 |
|
defendant who is the subject of the order is bound over to the | 1161 |
|
court of common pleas for prosecution as described in division | 1162 |
|
(D)(4) of this section, the municipal court or county court shall | 1163 |
|
direct that a copy of the order be delivered to the court of | 1164 |
|
common pleas to which the defendant is bound over. | 1165 |
| As a result of this protection order, it may be unlawful for | 1170 |
|
you to possess or purchase a firearm, including a rifle, pistol, | 1171 |
|
or revolver, or ammunition pursuant to federal law under 18 U.S.C. | 1172 |
|
922(g)(8). If you have any questions whether this law makes it | 1173 |
|
illegal for you to possess or purchase a firearm or ammunition, | 1174 |
|
you should consult an attorney." | 1175 |
| (4) A complainant, alleged victim, or other person who | 1181 |
|
obtains a temporary protection order under this section may | 1182 |
|
provide notice of the issuance of the temporary protection order | 1183 |
|
to the judicial and law enforcement officials in any county other | 1184 |
|
than the county in which the order is issued by registering that | 1185 |
|
order in the other county in accordance with division (N) of | 1186 |
|
section 3113.31 of the Revised Code and filing a copy of the | 1187 |
|
registered protection order with a law enforcement agency in the | 1188 |
|
other county in accordance with that division. | 1189 |
| (2) If a complaint is filed that alleges that a person | 1204 |
|
committed a violation, offense of violence, or sexually oriented | 1205 |
|
offense of the type described in division (A) of this section, the | 1206 |
|
court may not issue a temporary protection order under this | 1207 |
|
section that requires the complainant, the alleged victim, or | 1208 |
|
another family or household member of the defendant to do or | 1209 |
|
refrain from doing an act that the court may require the defendant | 1210 |
|
to do or refrain from doing under a temporary protection order | 1211 |
|
unless both of the following apply: | 1212 |
| (b) The court determines that both the complainant, alleged | 1218 |
|
victim, or other family or household member in question who would | 1219 |
|
be required under the order to do or refrain from doing the act | 1220 |
|
and the defendant acted primarily as aggressors, that neither the | 1221 |
|
complainant, alleged victim, or other family or household member | 1222 |
|
in question who would be required under the order to do or refrain | 1223 |
|
from doing the act nor the defendant acted primarily in | 1224 |
|
self-defense, and, in accordance with the standards and criteria | 1225 |
|
of this section as applied in relation to the separate complaint | 1226 |
|
filed by the defendant, that it should issue the order to require | 1227 |
|
the complainant, alleged victim, or other family or household | 1228 |
|
member in question to do or refrain from doing the act. | 1229 |
| (J) Notwithstanding any provision of law to the contrary and | 1230 |
|
regardless of whether a protection order is issued or a consent | 1231 |
|
agreement is approved by a court of another county or a court of | 1232 |
|
another state, no court or unit of state or local government shall | 1233 |
|
charge any fee, cost, deposit, or money in connection with the | 1234 |
|
filing of a motion pursuant to this section, in connection with | 1235 |
|
the filing, issuance, registration, or service of a protection | 1236 |
|
order or consent agreement, or for obtaining a certified copy of a | 1237 |
|
protection order or consent agreement. | 1238 |
| (D)(1) If a person who files a petition pursuant to this | 1308 |
|
section requests an ex parte order, the court shall hold an ex | 1309 |
|
parte hearing on the same day that the petition is filed. The | 1310 |
|
court, for good cause shown at the ex parte hearing, may enter any | 1311 |
|
temporary orders, with or without bond, including, but not limited | 1312 |
|
to, an order described in division (E)(1)(a), (b), or (c) of this | 1313 |
|
section, that the court finds necessary to protect the family or | 1314 |
|
household member from domestic violence. Immediate and present | 1315 |
|
danger of domestic violence to the family or household member | 1316 |
|
constitutes good cause for purposes of this section. Immediate and | 1317 |
|
present danger includes, but is not limited to, situations in | 1318 |
|
which the respondent has threatened the family or household member | 1319 |
|
with bodily harm, in which the respondent has threatened the | 1320 |
|
family or household member with a sexually oriented offense, or in | 1321 |
|
which the respondent previously has been convicted of, pleaded | 1322 |
|
guilty to, or been adjudicated a delinquent child for an offense | 1323 |
|
that constitutes domestic violence against the family or household | 1324 |
|
member. | 1325 |
| (2)(a) If the court, after an ex parte hearing, issues an | 1326 |
|
order described in division (E)(1)(b) or (c) of this section, the | 1327 |
|
court shall schedule a full hearing for a date that is within | 1328 |
|
seven court days after the ex parte hearing. If any other type of | 1329 |
|
protection order that is authorized under division (E) of this | 1330 |
|
section is issued by the court after an ex parte hearing, the | 1331 |
|
court shall schedule a full hearing for a date that is within ten | 1332 |
|
court days after the ex parte hearing. The court shall give the | 1333 |
|
respondent notice of, and an opportunity to be heard at, the full | 1334 |
|
hearing. The court shall hold the full hearing on the date | 1335 |
|
scheduled under this division unless the court grants a | 1336 |
|
continuance of the hearing in accordance with this division. Under | 1337 |
|
any of the following circumstances or for any of the following | 1338 |
|
reasons, the court may grant a continuance of the full hearing to | 1339 |
|
a reasonable time determined by the court: | 1340 |
| (b) Grant possession of the residence or household to the | 1366 |
|
petitioner or other family or household member, to the exclusion | 1367 |
|
of the respondent, by evicting the respondent, when the residence | 1368 |
|
or household is owned or leased solely by the petitioner or other | 1369 |
|
family or household member, or by ordering the respondent to | 1370 |
|
vacate the premises, when the residence or household is jointly | 1371 |
|
owned or leased by the respondent, and the petitioner or other | 1372 |
|
family or household member; | 1373 |
| (c) When the respondent has a duty to support the petitioner | 1374 |
|
or other family or household member living in the residence or | 1375 |
|
household and the respondent is the sole owner or lessee of the | 1376 |
|
residence or household, grant possession of the residence or | 1377 |
|
household to the petitioner or other family or household member, | 1378 |
|
to the exclusion of the respondent, by ordering the respondent to | 1379 |
|
vacate the premises, or, in the case of a consent agreement, allow | 1380 |
|
the respondent to provide suitable, alternative housing; | 1381 |
| (2) If a protection order has been issued pursuant to this | 1401 |
|
section in a prior action involving the respondent and the | 1402 |
|
petitioner or one or more of the family or household members or | 1403 |
|
victims, the court may include in a protection order that it | 1404 |
|
issues a prohibition against the respondent returning to the | 1405 |
|
residence or household. If it includes a prohibition against the | 1406 |
|
respondent returning to the residence or household in the order, | 1407 |
|
it also shall include in the order provisions of the type | 1408 |
|
described in division (E)(7) of this section. This division does | 1409 |
|
not preclude the court from including in a protection order or | 1410 |
|
consent agreement, in circumstances other than those described in | 1411 |
|
this division, a requirement that the respondent be evicted from | 1412 |
|
or vacate the residence or household or refrain from entering the | 1413 |
|
residence, school, business, or place of employment of the | 1414 |
|
petitioner or a family or household member, and, if the court | 1415 |
|
includes any requirement of that type in an order or agreement, | 1416 |
|
the court also shall include in the order provisions of the type | 1417 |
|
described in division (E)(7) of this section. | 1418 |
| (b) Subject to the limitation on the duration of an order or | 1426 |
|
agreement set forth in division (E)(3)(a) of this section, any | 1427 |
|
order under division (E)(1)(d) of this section shall terminate on | 1428 |
|
the date that a court in an action for divorce, dissolution of | 1429 |
|
marriage, or legal separation brought by the petitioner or | 1430 |
|
respondent issues an order allocating parental rights and | 1431 |
|
responsibilities for the care of children or on the date that a | 1432 |
|
juvenile court in an action brought by the petitioner or | 1433 |
|
respondent issues an order awarding legal custody of minor | 1434 |
|
children. Subject to the limitation on the duration of an order or | 1435 |
|
agreement set forth in division (E)(3)(a) of this section, any | 1436 |
|
order under division (E)(1)(e) of this section shall terminate on | 1437 |
|
the date that a court in an action for divorce, dissolution of | 1438 |
|
marriage, or legal separation brought by the petitioner or | 1439 |
|
respondent issues a support order or on the date that a juvenile | 1440 |
|
court in an action brought by the petitioner or respondent issues | 1441 |
|
a support order. | 1442 |
| (d) After a full hearing at which the respondent presents | 1462 |
|
evidence in support of the request for a protection order and the | 1463 |
|
petitioner is afforded an opportunity to defend against that | 1464 |
|
evidence, the court determines that the petitioner has committed | 1465 |
|
an act of domestic violence or has violated a temporary protection | 1466 |
|
order issued pursuant to section 2919.26 of the Revised Code, that | 1467 |
|
both the petitioner and the respondent acted primarily as | 1468 |
|
aggressors, and that neither the petitioner nor the respondent | 1469 |
|
acted primarily in self-defense. | 1470 |
| (6)(a) If a petitioner, or the child of a petitioner, who | 1474 |
|
obtains a protection order or consent agreement pursuant to | 1475 |
|
division (E)(1) of this section or a temporary protection order | 1476 |
|
pursuant to section 2919.26 of the Revised Code and is the subject | 1477 |
|
of a parenting time order issued pursuant to section 3109.051 or | 1478 |
|
3109.12 of the Revised Code or a visitation or companionship order | 1479 |
|
issued pursuant to section 3109.051, 3109.11, or 3109.12 of the | 1480 |
|
Revised Code or division (E)(1)(d) of this section granting | 1481 |
|
parenting time rights to the respondent, the court may require the | 1482 |
|
public children services agency of the county in which the court | 1483 |
|
is located to provide supervision of the respondent's exercise of | 1484 |
|
parenting time or visitation or companionship rights with respect | 1485 |
|
to the child for a period not to exceed nine months, if the court | 1486 |
|
makes the following findings of fact: | 1487 |
| (7)(a) If a protection order issued or consent agreement | 1496 |
|
approved under this section includes a requirement that the | 1497 |
|
respondent be evicted from or vacate the residence or household or | 1498 |
|
refrain from entering the residence, school, business, or place of | 1499 |
|
employment of the petitioner or a family or household member, the | 1500 |
|
order or agreement shall state clearly that the order or agreement | 1501 |
|
cannot be waived or nullified by an invitation to the respondent | 1502 |
|
from the petitioner or other family or household member to enter | 1503 |
|
the residence, school, business, or place of employment or by the | 1504 |
|
respondent's entry into one of those places otherwise upon the | 1505 |
|
consent of the petitioner or other family or household member. | 1506 |
| (b) Division (E)(7)(a) of this section does not limit any | 1507 |
|
discretion of a court to determine that a respondent charged with | 1508 |
|
a violation of section 2919.27 of the Revised Code, with a | 1509 |
|
violation of a municipal ordinance substantially equivalent to | 1510 |
|
that section, or with contempt of court, which charge is based on | 1511 |
|
an alleged violation of a protection order issued or consent | 1512 |
|
agreement approved under this section, did not commit the | 1513 |
|
violation or was not in contempt of court. | 1514 |
| (b) Either the petitioner or the respondent of the original | 1522 |
|
protection order or consent agreement may bring a motion for | 1523 |
|
modification or termination of a protection order or consent | 1524 |
|
agreement that was issued or approved after a full hearing. The | 1525 |
|
court shall require notice of the motion to be made as provided by | 1526 |
|
the Rules of Civil Procedure. If the petitioner for the original | 1527 |
|
protection order or consent agreement has requested that the | 1528 |
|
petitioner's address be kept confidential, the court shall not | 1529 |
|
disclose the address to the respondent of the original protection | 1530 |
|
order or consent agreement or any other person, except as | 1531 |
|
otherwise required by law. The moving party has the burden of | 1532 |
|
proof to show, by a preponderance of the evidence, that | 1533 |
|
modification or termination of the protection order or consent | 1534 |
|
agreement is appropriate because either the protection order or | 1535 |
|
consent agreement is no longer needed or because the terms of the | 1536 |
|
original protection order or consent agreement are no longer | 1537 |
|
appropriate. | 1538 |
| (d) If a protection order or consent agreement is modified or | 1576 |
|
terminated as provided in division (E)(8) of this section, the | 1577 |
|
court shall issue copies of the modified or terminated order or | 1578 |
|
agreement as provided in division (F) of this section. A | 1579 |
|
petitioner may also provide notice of the modification or | 1580 |
|
termination to the judicial and law enforcement officials in any | 1581 |
|
county other than the county in which the order or agreement is | 1582 |
|
modified or terminated as provided in division (N) of this | 1583 |
|
section. | 1584 |
| (9) Any protection order issued or any consent agreement | 1589 |
|
approved pursuant to this section shall include a provision that | 1590 |
|
the court will automatically seal all of the records of the | 1591 |
|
proceeding in which the order is issued or agreement approved on | 1592 |
|
the date the respondent attains the age of nineteen years unless | 1593 |
|
the petitioner provides the court with evidence that the | 1594 |
|
respondent has not complied with all of the terms of the | 1595 |
|
protection order or consent agreement. The protection order or | 1596 |
|
consent agreement shall specify the date when the respondent | 1597 |
|
attains the age of nineteen years. | 1598 |
| (F)(1) A copy of any protection order, or consent agreement, | 1619 |
|
that is issued, approved, modified, or terminated under this | 1620 |
|
section shall be issued by the court to the petitioner, to the | 1621 |
|
respondent, and to all law enforcement agencies that have | 1622 |
|
jurisdiction to enforce the order or agreement. The court shall | 1623 |
|
direct that a copy of an order be delivered to the respondent on | 1624 |
|
the same day that the order is entered. | 1625 |
| As a result of this order or consent agreement, it may be | 1631 |
|
unlawful for you to possess or purchase a firearm, including a | 1632 |
|
rifle, pistol, or revolver, or ammunition pursuant to federal law | 1633 |
|
under 18 U.S.C. 922(g)(8). If you have any questions whether this | 1634 |
|
law makes it illegal for you to possess or purchase a firearm or | 1635 |
|
ammunition, you should consult an attorney." | 1636 |
| (4) Regardless of whether the petitioner has registered the | 1643 |
|
order or agreement in the county in which the officer's agency has | 1644 |
|
jurisdiction pursuant to division (N) of this section, any officer | 1645 |
|
of a law enforcement agency shall enforce a protection order | 1646 |
|
issued or consent agreement approved by any court in this state in | 1647 |
|
accordance with the provisions of the order or agreement, | 1648 |
|
including removing the respondent from the premises, if | 1649 |
|
appropriate. | 1650 |
| (G) Any proceeding under this section shall be conducted in | 1651 |
|
accordance with the Rules of Civil Procedure, except that an order | 1652 |
|
under this section may be obtained with or without bond. An order | 1653 |
|
issued under this section, other than an ex parte order, that | 1654 |
|
grants a protection order or approves a consent agreement, that | 1655 |
|
refuses to grant a protection order or approve a consent agreement | 1656 |
|
that modifies or terminates a protection order or consent | 1657 |
|
agreement, or that refuses to modify or terminate a protection | 1658 |
|
order or consent agreement, is a final, appealable order. The | 1659 |
|
remedies and procedures provided in this section are in addition | 1660 |
|
to, and not in lieu of, any other available civil or criminal | 1661 |
|
remedies. | 1662 |
| (H) The filing of proceedings under this section does not | 1663 |
|
excuse a person from filing any report or giving any notice | 1664 |
|
required by section 2151.421 of the Revised Code or by any other | 1665 |
|
law. When a petition under this section alleges domestic violence | 1666 |
|
against minor children, the court shall report the fact, or cause | 1667 |
|
reports to be made, to a county, township, or municipal peace | 1668 |
|
officer under section 2151.421 of the Revised Code. | 1669 |
| (J) Notwithstanding any provision of law to the contrary and | 1674 |
|
regardless of whether a protection order is issued or a consent | 1675 |
|
agreement is approved by a court of another county or a court of | 1676 |
|
another state, no court or unit of state or local government shall | 1677 |
|
charge any fee, cost, deposit, or money in connection with the | 1678 |
|
filing of a petition pursuant to this section or in connection | 1679 |
|
with the filing, issuance, registration, or service of a | 1680 |
|
protection order or consent agreement, or for obtaining a | 1681 |
|
certified copy of a protection order or consent agreement. | 1682 |
| (2) If any person required to pay child support under an | 1686 |
|
order made under this section on or after April 15, 1985, or | 1687 |
|
modified under this section on or after December 31, 1986, is | 1688 |
|
found in contempt of court for failure to make support payments | 1689 |
|
under the order, the court that makes the finding, in addition to | 1690 |
|
any other penalty or remedy imposed, shall assess all court costs | 1691 |
|
arising out of the contempt proceeding against the person and | 1692 |
|
require the person to pay any reasonable attorney's fees of any | 1693 |
|
adverse party, as determined by the court, that arose in relation | 1694 |
|
to the act of contempt. | 1695 |
| (2) The punishment of a person for contempt of court for | 1704 |
|
violation of a protection order issued or a consent agreement | 1705 |
|
approved under this section does not bar criminal prosecution of | 1706 |
|
the person or a delinquent child proceeding concerning the person | 1707 |
|
for a violation of section 2919.27 of the Revised Code. However, a | 1708 |
|
person punished for contempt of court is entitled to credit for | 1709 |
|
the punishment imposed upon conviction of or adjudication as a | 1710 |
|
delinquent child for a violation of that section, and a person | 1711 |
|
convicted of or adjudicated a delinquent child for a violation of | 1712 |
|
that section shall not subsequently be punished for contempt of | 1713 |
|
court arising out of the same activity. | 1714 |
| (N)(1) A petitioner who obtains a protection order or consent | 1717 |
|
agreement under this section or a temporary protection order under | 1718 |
|
section 2919.26 of the Revised Code may provide notice of the | 1719 |
|
issuance or approval of the order or agreement to the judicial and | 1720 |
|
law enforcement officials in any county other than the county in | 1721 |
|
which the order is issued or the agreement is approved by | 1722 |
|
registering that order or agreement in the other county pursuant | 1723 |
|
to division (N)(2) of this section and filing a copy of the | 1724 |
|
registered order or registered agreement with a law enforcement | 1725 |
|
agency in the other county in accordance with that division. A | 1726 |
|
person who obtains a protection order issued by a court of another | 1727 |
|
state may provide notice of the issuance of the order to the | 1728 |
|
judicial and law enforcement officials in any county of this state | 1729 |
|
by registering the order in that county pursuant to section | 1730 |
|
2919.272 of the Revised Code and filing a copy of the registered | 1731 |
|
order with a law enforcement agency in that county. | 1732 |
