(132nd General Assembly)

(Substitute House Bill Number 1)

AN ACT
To amend sections 109.42, 2151.34, 2903.214, 2919.26, 3113.31, and 3113.33 of the
Revised Code to authorize the issuance of a domestic violence civil protection
order with respect to conduct directed at a petitioner alleging violence in a dating
relationship of a specified nature, to provide access to domestic violence shelters
for victims of violence in such a dating relationship, and to require the Attorney
General's victim's bill of rights pamphlet to include a notice that a person alleging
violence in such a dating relationship has the right to petition for a domestic
violence civil protection order.

Be it enacted by the General Assembly of the State of Ohio:

SECTION 1. That sections 109.42, 2151.34, 2903.214, 2919.26, 3113.31, and 3113.33 of the
Revised Code be amended to read as follows:
Sec. 109.42. (A) The attorney general shall prepare and have printed a pamphlet that contains
a compilation of all statutes relative to victim's rights in which the attorney general lists and explains
the statutes in the form of a victim's bill of rights. The attorney general shall distribute the pamphlet
to all sheriffs, marshals, municipal corporation and township police departments, constables, and
other law enforcement agencies, to all prosecuting attorneys, city directors of law, village solicitors,
and other similar chief legal officers of municipal corporations, and to organizations that represent or
provide services for victims of crime. The victim's bill of rights set forth in the pamphlet shall
contain a description of all of the rights of victims that are provided for in Chapter 2930. or in any
other section of the Revised Code and shall include, but not be limited to, all of the following:
(1) The right of a victim or a victim's representative to attend a proceeding before a grand
jury, in a juvenile case, or in a criminal case pursuant to a subpoena without being discharged from
the victim's or representative's employment, having the victim's or representative's employment
terminated, having the victim's or representative's pay decreased or withheld, or otherwise being
punished, penalized, or threatened as a result of time lost from regular employment because of the
victim's or representative's attendance at the proceeding pursuant to the subpoena, as set forth in
section 2151.211, 2930.18, 2939.121, or 2945.451 of the Revised Code;
(2) The potential availability pursuant to section 2151.359 or 2152.61 of the Revised Code of
a forfeited recognizance to pay damages caused by a child when the delinquency of the child or
child's violation of probation or community control is found to be proximately caused by the failure
of the child's parent or guardian to subject the child to reasonable parental authority or to faithfully
discharge the conditions of probation or community control;
(3) The availability of awards of reparations pursuant to sections 2743.51 to 2743.72 of the
Revised Code for injuries caused by criminal offenses;
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(4) The right of the victim in certain criminal or juvenile cases or a victim's representative to
receive, pursuant to section 2930.06 of the Revised Code, notice of the date, time, and place of the
trial or delinquency proceeding in the case or, if there will not be a trial or delinquency proceeding,
information from the prosecutor, as defined in section 2930.01 of the Revised Code, regarding the
disposition of the case;
(5) The right of the victim in certain criminal or juvenile cases or a victim's representative to
receive, pursuant to section 2930.04, 2930.05, or 2930.06 of the Revised Code, notice of the name of
the person charged with the violation, the case or docket number assigned to the charge, and a
telephone number or numbers that can be called to obtain information about the disposition of the
case;
(6) The right of the victim in certain criminal or juvenile cases or of the victim's
representative pursuant to section 2930.13 or 2930.14 of the Revised Code, subject to any reasonable
terms set by the court as authorized under section 2930.14 of the Revised Code, to make a statement
about the victimization and, if applicable, a statement relative to the sentencing or disposition of the
offender;
(7) The opportunity to obtain a court order, pursuant to section 2945.04 of the Revised Code,
to prevent or stop the commission of the offense of intimidation of a crime victim or witness or an
offense against the person or property of the complainant, or of the complainant's ward or child;
(8) The right of the victim in certain criminal or juvenile cases or a victim's representative
pursuant to sections 2151.38, 2929.20, 2930.10, 2930.16, and 2930.17 of the Revised Code to receive
notice of a pending motion for judicial release, release pursuant to section 2967.19 of the Revised
Code, or other early release of the person who committed the offense against the victim, to make an
oral or written statement at the court hearing on the motion, and to be notified of the court's decision
on the motion;
(9) The right of the victim in certain criminal or juvenile cases or a victim's representative
pursuant to section 2930.16, 2967.12, 2967.26, or 5139.56 of the Revised Code to receive notice of
any pending commutation, pardon, parole, transitional control, discharge, other form of authorized
release, post-release control, or supervised release for the person who committed the offense against
the victim or any application for release of that person and to send a written statement relative to the
victimization and the pending action to the adult parole authority or the release authority of the
department of youth services;
(10) The right of the victim to bring a civil action pursuant to sections 2969.01 to 2969.06 of
the Revised Code to obtain money from the offender's profit fund;
(11) The right, pursuant to section 3109.09 of the Revised Code, to maintain a civil action to
recover compensatory damages not exceeding ten thousand dollars and costs from the parent of a
minor who willfully damages property through the commission of an act that would be a theft
offense, as defined in section 2913.01 of the Revised Code, if committed by an adult;
(12) The right, pursuant to section 3109.10 of the Revised Code, to maintain a civil action to
recover compensatory damages not exceeding ten thousand dollars and costs from the parent of a
minor who willfully and maliciously assaults a person;
(13) The possibility of receiving restitution from an offender or a delinquent child pursuant to
section 2152.20, 2929.18, or 2929.28 of the Revised Code;
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(14) The right of the victim in certain criminal or juvenile cases or a victim's representative,
pursuant to section 2930.16 of the Revised Code, to receive notice of the escape from confinement or
custody of the person who committed the offense, to receive that notice from the custodial agency of
the person at the victim's last address or telephone number provided to the custodial agency, and to
receive notice that, if either the victim's address or telephone number changes, it is in the victim's
interest to provide the new address or telephone number to the custodial agency;
(15) The right of a victim of domestic violence, including domestic violence in a dating
relationship as defined in section 3113.31 of the Revised Code, to seek the issuance of a civil
protection order pursuant to that section 3113.31 of the Revised Code, the right of a victim of a
violation of section 2903.14, 2909.06, 2909.07, 2911.12, 2911.211, or 2919.22 of the Revised Code,
a violation of a substantially similar municipal ordinance, or an offense of violence who is a family
or household member of the offender at the time of the offense to seek the issuance of a temporary
protection order pursuant to section 2919.26 of the Revised Code, and the right of both types of
victims to be accompanied by a victim advocate during court proceedings;
(16) The right of a victim of a sexually oriented offense or of a child-victim oriented offense
that is committed by a person who is convicted of, pleads guilty to, or is adjudicated a delinquent
child for committing the offense and who is in a category specified in division (B) of section 2950.10
of the Revised Code to receive, pursuant to that section, notice that the person has registered with a
sheriff under section 2950.04, 2950.041, or 2950.05 of the Revised Code and notice of the person's
name, the person's residence that is registered, and the offender's school, institution of higher
education, or place of employment address or addresses that are registered, the person's photograph,
and a summary of the manner in which the victim must make a request to receive the notice. As used
in this division, "sexually oriented offense" and "child-victim oriented offense" have the same
meanings as in section 2950.01 of the Revised Code.
(17) The right of a victim of certain sexually violent offenses committed by an offender who
also is convicted of or pleads guilty to a sexually violent predator specification and who is sentenced
to a prison term pursuant to division (A)(3) of section 2971.03 of the Revised Code, of a victim of a
violation of division (A)(1)(b) of section 2907.02 of the Revised Code committed on or after January
2, 2007, by an offender who is sentenced for the violation pursuant to division (B)(1)(a), (b), or (c) of
section 2971.03 of the Revised Code, of a victim of an attempted rape committed on or after January
2, 2007, by an offender who also is convicted of or pleads guilty to a specification of the type
described in section 2941.1418, 2941.1419, or 2941.1420 of the Revised Code and is sentenced for
the violation pursuant to division (B)(2)(a), (b), or (c) of section 2971.03 of the Revised Code, and of
a victim of an offense that is described in division (B)(3)(a), (b), (c), or (d) of section 2971.03 of the
Revised Code and is committed by an offender who is sentenced pursuant to one of those divisions to
receive, pursuant to section 2930.16 of the Revised Code, notice of a hearing to determine whether to
modify the requirement that the offender serve the entire prison term in a state correctional facility,
whether to continue, revise, or revoke any existing modification of that requirement, or whether to
terminate the prison term. As used in this division, "sexually violent offense" and "sexually violent
predator specification" have the same meanings as in section 2971.01 of the Revised Code.
(B)(1)(a) Subject to division (B)(1)(c) of this section, a prosecuting attorney, assistant
prosecuting attorney, city director of law, assistant city director of law, village solicitor, assistant
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village solicitor, or similar chief legal officer of a municipal corporation or an assistant of any of
those officers who prosecutes an offense committed in this state, upon first contact with the victim of
the offense, the victim's family, or the victim's dependents, shall give the victim, the victim's family,
or the victim's dependents a copy of the pamphlet prepared pursuant to division (A) of this section
and explain, upon request, the information in the pamphlet to the victim, the victim's family, or the
victim's dependents.
(b) Subject to division (B)(1)(c) of this section, a law enforcement agency that investigates an
offense or delinquent act committed in this state shall give the victim of the offense or delinquent act,
the victim's family, or the victim's dependents a copy of the pamphlet prepared pursuant to division
(A) of this section at one of the following times:
(i) Upon first contact with the victim, the victim's family, or the victim's dependents;
(ii) If the offense or delinquent act is an offense of violence, if the circumstances of the
offense or delinquent act and the condition of the victim, the victim's family, or the victim's
dependents indicate that the victim, the victim's family, or the victim's dependents will not be able to
understand the significance of the pamphlet upon first contact with the agency, and if the agency
anticipates that it will have an additional contact with the victim, the victim's family, or the victim's
dependents, upon the agency's second contact with the victim, the victim's family, or the victim's
dependents.
If the agency does not give the victim, the victim's family, or the victim's dependents a copy
of the pamphlet upon first contact with them and does not have a second contact with the victim, the
victim's family, or the victim's dependents, the agency shall mail a copy of the pamphlet to the
victim, the victim's family, or the victim's dependents at their last known address.
(c) In complying on and after December 9, 1994, with the duties imposed by division (B)(1)
(a) or (b) of this section, an official or a law enforcement agency shall use copies of the pamphlet that
are in the official's or agency's possession on December 9, 1994, until the official or agency has
distributed all of those copies. After the official or agency has distributed all of those copies, the
official or agency shall use only copies of the pamphlet that contain at least the information described
in divisions (A)(1) to (17) of this section.
(2) The failure of a law enforcement agency or of a prosecuting attorney, assistant
prosecuting attorney, city director of law, assistant city director of law, village solicitor, assistant
village solicitor, or similar chief legal officer of a municipal corporation or an assistant to any of
those officers to give, as required by division (B)(1) of this section, the victim of an offense or
delinquent act, the victim's family, or the victim's dependents a copy of the pamphlet prepared
pursuant to division (A) of this section does not give the victim, the victim's family, the victim's
dependents, or a victim's representative any rights under section 2743.51 to 2743.72, 2945.04,
2967.12, 2969.01 to 2969.06, 3109.09, or 3109.10 of the Revised Code or under any other provision
of the Revised Code and does not affect any right under those sections.
(3) A law enforcement agency, a prosecuting attorney or assistant prosecuting attorney, or a
city director of law, assistant city director of law, village solicitor, assistant village solicitor, or similar
chief legal officer of a municipal corporation that distributes a copy of the pamphlet prepared
pursuant to division (A) of this section shall not be required to distribute a copy of an information
card or other printed material provided by the clerk of the court of claims pursuant to section 2743.71
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of the Revised Code.
(C) The cost of printing and distributing the pamphlet prepared pursuant to division (A) of
this section shall be paid out of the reparations fund, created pursuant to section 2743.191 of the
Revised Code, in accordance with division (D) of that section.
(D) As used in this section:
(1) "Victim's representative" has the same meaning as in section 2930.01 of the Revised
Code;
(2) "Victim advocate" has the same meaning as in section 2919.26 of the Revised Code.
Sec. 2151.34. (A) As used in this section:
(1) "Court" means the juvenile division of the court of common pleas of the county in which
the person to be protected by the protection order resides.
(2) "Victim advocate" means a person who provides support and assistance for a person who
files a petition under this section.
(3) "Family or household member" has the same meaning as in section 3113.31 of the
Revised Code.
(4) "Protection order issued by a court of another state" has the same meaning as in section
2919.27 of the Revised Code.
(5) "Petitioner" means a person who files a petition under this section and includes a person
on whose behalf a petition under this section is filed.
(6) "Respondent" means a person who is under eighteen years of age and against whom a
petition is filed under this section.
(7) "Sexually oriented offense" has the same meaning as in section 2950.01 of the Revised
Code.
(8) "Electronic monitoring" has the same meaning as in section 2929.01 of the Revised Code.
(9) "Companion animal" has the same meaning as in section 959.131 of the Revised Code.
(B) The court has jurisdiction over all proceedings under this section.
(C)(1) Any of the following persons may seek relief under this section by filing a petition
with the court:
(a) Any person on behalf of that person;
(b) Any parent or adult family or household member on behalf of any other family or
household member;
(c) Any person who is determined by the court in its discretion as an appropriate person to
seek relief under this section on behalf of any child.
(2) The petition shall contain or state all of the following:
(a) An allegation that the respondent engaged in a violation of section 2903.11, 2903.12,
2903.13, 2903.21, 2903.211, 2903.22, or 2911.211 of the Revised Code, committed a sexually
oriented offense, or engaged in a violation of any municipal ordinance that is substantially equivalent
to any of those offenses against the person to be protected by the protection order, including a
description of the nature and extent of the violation;
(b) If the petitioner seeks relief in the form of electronic monitoring of the respondent, an
allegation that at any time preceding the filing of the petition the respondent engaged in conduct that
would cause a reasonable person to believe that the health, welfare, or safety of the person to be
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protected was at risk, a description of the nature and extent of that conduct, and an allegation that the
respondent presents a continuing danger to the person to be protected;
(c) A request for relief under this section.
(3) The court in its discretion may determine whether or not to give notice that a petition has
been filed under division (C)(1) of this section on behalf of a child to any of the following:
(a) A parent of the child if the petition was filed by any person other than a parent of the
child;
(b) Any person who is determined by the court to be an appropriate person to receive notice
of the filing of the petition.
(D)(1) If a person who files a petition pursuant to this section requests an ex parte order, the
court shall hold an ex parte hearing as soon as possible after the petition is filed, but not later than the
next day after the court is in session after the petition is filed. The court, for good cause shown at the
ex parte hearing, may enter any temporary orders, with or without bond, that the court finds
necessary for the safety and protection of the person to be protected by the order. Immediate and
present danger to the person to be protected by the protection order constitutes good cause for
purposes of this section. Immediate and present danger includes, but is not limited to, situations in
which the respondent has threatened the person to be protected by the protection order with bodily
harm or in which the respondent previously has been convicted of, pleaded guilty to, or been
adjudicated a delinquent child for committing a violation of section 2903.11, 2903.12, 2903.13,
2903.21, 2903.211, 2903.22, or 2911.211 of the Revised Code, a sexually oriented offense, or a
violation of any municipal ordinance that is substantially equivalent to any of those offenses against
the person to be protected by the protection order.
(2)(a) If the court, after an ex parte hearing, issues a protection order described in division (E)
of this section, the court shall schedule a full hearing for a date that is within ten court days after the
ex parte hearing. The court shall give the respondent notice of, and an opportunity to be heard at, the
full hearing. The court also shall give notice of the full hearing to the parent, guardian, or legal
custodian of the respondent. The court shall hold the full hearing on the date scheduled under this
division unless the court grants a continuance of the hearing in accordance with this division. Under
any of the following circumstances or for any of the following reasons, the court may grant a
continuance of the full hearing to a reasonable time determined by the court:
(i) Prior to the date scheduled for the full hearing under this division, the respondent has not
been served with the petition filed pursuant to this section and notice of the full hearing.
(ii) The parties consent to the continuance.
(iii) The continuance is needed to allow a party to obtain counsel.
(iv) The continuance is needed for other good cause.
(b) An ex parte order issued under this section does not expire because of a failure to serve
notice of the full hearing upon the respondent before the date set for the full hearing under division
(D)(2)(a) of this section or because the court grants a continuance under that division.
(3) If a person who files a petition pursuant to this section does not request an ex parte order,
or if a person requests an ex parte order but the court does not issue an ex parte order after an ex parte
hearing, the court shall proceed as in a normal civil action and grant a full hearing on the matter.
(E)(1)(a) After an ex parte or full hearing, the court may issue any protection order, with or
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without bond, that contains terms designed to ensure the safety and protection of the person to be
protected by the protection order. The court may include within a protection order issued under this
section a term requiring that the respondent not remove, damage, hide, harm, or dispose of any
companion animal owned or possessed by the person to be protected by the order, and may include
within the order a term authorizing the person to be protected by the order to remove a companion
animal owned by the person to be protected by the order from the possession of the respondent.
(b) After a full hearing, if the court considering a petition that includes an allegation of the
type described in division (C)(2)(b) of this section or the court, upon its own motion, finds upon clear
and convincing evidence that the petitioner reasonably believed that the respondent's conduct at any
time preceding the filing of the petition endangered the health, welfare, or safety of the person to be
protected and that the respondent presents a continuing danger to the person to be protected and if
division (N) of this section does not prohibit the issuance of an order that the respondent be
electronically monitored, the court may order that the respondent be electronically monitored for a
period of time and under the terms and conditions that the court determines are appropriate.
Electronic monitoring shall be in addition to any other relief granted to the petitioner.
(2)(a) Any protection order issued pursuant to this section shall be valid until a date certain
but not later than the date the respondent attains nineteen years of age.
(b) Any protection order issued pursuant to this section may be renewed in the same manner
as the original order was issued.
(3) A court may not issue a protection order that requires a petitioner to do or to refrain from
doing an act that the court may require a respondent to do or to refrain from doing under division (E)
(1) of this section unless all of the following apply:
(a) The respondent files a separate petition for a protection order in accordance with this
section.
(b) The petitioner is served with notice of the respondent's petition at least forty-eight hours
before the court holds a hearing with respect to the respondent's petition, or the petitioner waives the
right to receive this notice.
(c) If the petitioner has requested an ex parte order pursuant to division (D) of this section,
the court does not delay any hearing required by that division beyond the time specified in that
division in order to consolidate the hearing with a hearing on the petition filed by the respondent.
(d) After a full hearing at which the respondent presents evidence in support of the request for
a protection order and the petitioner is afforded an opportunity to defend against that evidence, the
court determines that the petitioner has committed a violation of section 2903.11, 2903.12, 2903.13,
2903.21, 2903.211, 2903.22, or 2911.211 of the Revised Code, a sexually oriented offense, or a
violation of any municipal ordinance that is substantially equivalent to any of those offenses against
the person to be protected by the protection order issued pursuant to division (E)(3) of this section, or
has violated a protection order issued pursuant to this section or section 2903.213 of the Revised
Code relative to the person to be protected by the protection order issued pursuant to division (E)(3)
of this section.
(4) No protection order issued pursuant to this section shall in any manner affect title to any
real property.
(5)(a) A protection order issued under this section shall clearly state that the person to be
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protected by the order cannot waive or nullify by invitation or consent any requirement in the order.
(b) Division (E)(5)(a) of this section does not limit any discretion of a court to determine that
a respondent alleged to have violated section 2919.27 of the Revised Code, violated a municipal
ordinance substantially equivalent to that section, or committed contempt of court, which allegation
is based on an alleged violation of a protection order issued under this section, did not commit the
violation or was not in contempt of court.
(6) Any protection order issued pursuant to this section shall include a provision that the court
will automatically seal all of the records of the proceeding in which the order is issued on the date the
respondent attains the age of nineteen years unless the petitioner provides the court with evidence
that the respondent has not complied with all of the terms of the protection order. The protection
order shall specify the date when the respondent attains the age of nineteen years.
(F)(1) The court shall cause the delivery of a copy of any protection order that is issued under
this section to the petitioner, to the respondent, and to all law enforcement agencies that have
jurisdiction to enforce the order. The court shall direct that a copy of the order be delivered to the
respondent and the parent, guardian, or legal custodian of the respondent on the same day that the
order is entered.
(2) Upon the issuance of a protection order under this section, the court shall provide the
parties to the order with the following notice orally or by form:
"NOTICE
As a result of this order, it may be unlawful for you to possess or purchase a firearm,
including a rifle, pistol, or revolver, or ammunition pursuant to federal law under 18 U.S.C. 922(g)(8)
for the duration of this order. If you have any questions whether this law makes it illegal for you to
possess or purchase a firearm or ammunition, you should consult an attorney."
(3) All law enforcement agencies shall establish and maintain an index for the protection
orders delivered to the agencies pursuant to division (F)(1) of this section. With respect to each order
delivered, each agency shall note on the index the date and time that it received the order.
(4) Regardless of whether the petitioner has registered the protection order in the county in
which the officer's agency has jurisdiction pursuant to division (M) of this section, any officer of a
law enforcement agency shall enforce a protection order issued pursuant to this section by any court
in this state in accordance with the provisions of the order, including removing the respondent from
the premises, if appropriate.
(G) Any proceeding under this section shall be conducted in accordance with the Rules of
Civil Procedure, except that a protection order may be obtained under this section with or without
bond. An order issued under this section, other than an ex parte order, that grants a protection order,
or that refuses to grant a protection order, is a final, appealable order. The remedies and procedures
provided in this section are in addition to, and not in lieu of, any other available civil or criminal
remedies or any other available remedies under Chapter 2151. or 2152. of the Revised Code.
(H) The filing of proceedings under this section does not excuse a person from filing any
report or giving any notice required by section 2151.421 of the Revised Code or by any other law.
(I) Any law enforcement agency that investigates an alleged violation of section 2903.11,
2903.12, 2903.13, 2903.21, 2903.211, 2903.22, or 2911.211 of the Revised Code, an alleged
commission of a sexually oriented offense, or an alleged violation of a municipal ordinance that is
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substantially equivalent to any of those offenses shall provide information to the victim and the
family or household members of the victim regarding the relief available under this section.
(J)(1) Subject to division (J)(2) of this section and regardless of whether a protection order is
issued or a consent agreement is approved by a court of another county or by a court of another state,
no court or unit of state or local government shall charge the petitioner any fee, cost, deposit, or
money in connection with the filing of a petition pursuant to this section, in connection with the
filing, issuance, registration, modification, enforcement, dismissal, withdrawal, or service of a
protection order, consent agreement, or witness subpoena or for obtaining a certified copy of a
protection order or consent agreement.
(2) Regardless of whether a protection order is issued or a consent agreement is approved
pursuant to this section, the court may assess costs against the respondent in connection with the
filing, issuance, registration, modification, enforcement, dismissal, withdrawal, or service of a
protection order, consent agreement, or witness subpoena or for obtaining a certified copy of a
protection order or consent agreement.
(K)(1) A person who violates a protection order issued under this section is subject to the
following sanctions:
(a) A delinquent child proceeding or a criminal prosecution for a violation of section 2919.27
of the Revised Code, if the violation of the protection order constitutes a violation of that section;
(b) Punishment for contempt of court.
(2) The punishment of a person for contempt of court for violation of a protection order
issued under this section does not bar criminal prosecution of the person or a delinquent child
proceeding concerning the person for a violation of section 2919.27 of the Revised Code. However, a
person punished for contempt of court is entitled to credit for the punishment imposed upon
conviction of or adjudication as a delinquent child for a violation of that section, and a person
convicted of or adjudicated a delinquent child for a violation of that section shall not subsequently be
punished for contempt of court arising out of the same activity.
(L) In all stages of a proceeding under this section, a petitioner may be accompanied by a
victim advocate.
(M)(1) A petitioner who obtains a protection order under this section may provide notice of
the issuance or approval of the order to the judicial and law enforcement officials in any county other
than the county in which the order is issued by registering that order in the other county pursuant to
division (M)(2) of this section and filing a copy of the registered order with a law enforcement
agency in the other county in accordance with that division. A person who obtains a protection order
issued by a court of another state may provide notice of the issuance of the order to the judicial and
law enforcement officials in any county of this state by registering the order in that county pursuant
to section 2919.272 of the Revised Code and filing a copy of the registered order with a law
enforcement agency in that county.
(2) A petitioner may register a protection order issued pursuant to this section in a county
other than the county in which the court that issued the order is located in the following manner:
(a) The petitioner shall obtain a certified copy of the order from the clerk of the court that
issued the order and present that certified copy to the clerk of the court of common pleas or the clerk
of a municipal court or county court in the county in which the order is to be registered.
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(b) Upon accepting the certified copy of the order for registration, the clerk of the court of
common pleas, municipal court, or county court shall place an endorsement of registration on the
order and give the petitioner a copy of the order that bears that proof of registration.
(3) The clerk of each court of common pleas, municipal court, or county court shall maintain
a registry of certified copies of protection orders that have been issued by courts in other counties
pursuant to this section and that have been registered with the clerk.
(N) If the court orders electronic monitoring of the respondent under this section, the court
shall direct the sheriff's office or any other appropriate law enforcement agency to install the
electronic monitoring device and to monitor the respondent. Unless the court determines that the
respondent is indigent, the court shall order the respondent to pay the cost of the installation and
monitoring of the electronic monitoring device. If the court determines that the respondent is indigent
and subject to the maximum amount allowable to be paid in any year from the fund and the rules
promulgated by the attorney general under section 2903.214 of the Revised Code, the cost of the
installation and monitoring of the electronic monitoring device may be paid out of funds from the
reparations fund created pursuant to section 2743.191 of the Revised Code. The total amount paid
from the reparations fund created pursuant to section 2743.191 of the Revised Code for electronic
monitoring under this section and sections 2903.214 and 2919.27 of the Revised Code shall not
exceed three hundred thousand dollars per year. When the total amount paid from the reparations
fund in any year for electronic monitoring under those sections equals or exceeds three hundred
thousand dollars, the court shall not order pursuant to this section that an indigent respondent be
electronically monitored.
(O) The court, in its discretion, may determine if the respondent is entitled to court-appointed
counsel in a proceeding under this section.
Sec. 2903.214. (A) As used in this section:
(1) "Court" means the court of common pleas of the county in which the person to be
protected by the protection order resides.
(2) "Victim advocate" means a person who provides support and assistance for a person who
files a petition under this section.
(3) "Family or household member" has the same meaning as in section 3113.31 of the
Revised Code.
(4) "Protection order issued by a court of another state" has the same meaning as in section
2919.27 of the Revised Code.
(5) "Sexually oriented offense" has the same meaning as in section 2950.01 of the Revised
Code.
(6) "Electronic monitoring" has the same meaning as in section 2929.01 of the Revised Code.
(7) "Companion animal" has the same meaning as in section 959.131 of the Revised Code.
(B) The court has jurisdiction over all proceedings under this section.
(C) A person may seek relief under this section for the person, or any parent or adult
household member may seek relief under this section on behalf of any other family or household
member, by filing a petition with the court. The petition shall contain or state all of the following:
(1) An allegation that the respondent is eighteen years of age or older and engaged in a
violation of section 2903.211 of the Revised Code against the person to be protected by the
Sub. H. B. No. 1 132nd G.A.
11
protection order or committed a sexually oriented offense against the person to be protected by the
protection order, including a description of the nature and extent of the violation;
(2) If the petitioner seeks relief in the form of electronic monitoring of the respondent, an
allegation that at any time preceding the filing of the petition the respondent engaged in conduct that
would cause a reasonable person to believe that the health, welfare, or safety of the person to be
protected was at risk, a description of the nature and extent of that conduct, and an allegation that the
respondent presents a continuing danger to the person to be protected;
(3) A request for relief under this section.
(D)(1) If a person who files a petition pursuant to this section requests an ex parte order, the
court shall hold an ex parte hearing as soon as possible after the petition is filed, but not later than the
next day that the court is in session after the petition is filed. The court, for good cause shown at the
ex parte hearing, may enter any temporary orders, with or without bond, that the court finds
necessary for the safety and protection of the person to be protected by the order. Immediate and
present danger to the person to be protected by the protection order constitutes good cause for
purposes of this section. Immediate and present danger includes, but is not limited to, situations in
which the respondent has threatened the person to be protected by the protection order with bodily
harm or in which the respondent previously has been convicted of or pleaded guilty to a violation of
section 2903.211 of the Revised Code or a sexually oriented offense against the person to be
protected by the protection order.
(2)(a) If the court, after an ex parte hearing, issues a protection order described in division (E)
of this section, the court shall schedule a full hearing for a date that is within ten court days after the
ex parte hearing. The court shall give the respondent notice of, and an opportunity to be heard at, the
full hearing. The court shall hold the full hearing on the date scheduled under this division unless the
court grants a continuance of the hearing in accordance with this division. Under any of the following
circumstances or for any of the following reasons, the court may grant a continuance of the full
hearing to a reasonable time determined by the court:
(i) Prior to the date scheduled for the full hearing under this division, the respondent has not
been served with the petition filed pursuant to this section and notice of the full hearing.
(ii) The parties consent to the continuance.
(iii) The continuance is needed to allow a party to obtain counsel.
(iv) The continuance is needed for other good cause.
(b) An ex parte order issued under this section does not expire because of a failure to serve
notice of the full hearing upon the respondent before the date set for the full hearing under division
(D)(2)(a) of this section or because the court grants a continuance under that division.
(3) If a person who files a petition pursuant to this section does not request an ex parte order,
or if a person requests an ex parte order but the court does not issue an ex parte order after an ex parte
hearing, the court shall proceed as in a normal civil action and grant a full hearing on the matter.
(E)(1)(a) After an ex parte or full hearing, the court may issue any protection order, with or
without bond, that contains terms designed to ensure the safety and protection of the person to be
protected by the protection order, including, but not limited to, a requirement that the respondent
refrain from entering the residence, school, business, or place of employment of the petitioner or
family or household member. If the court includes a requirement that the respondent refrain from
Sub. H. B. No. 1 132nd G.A.
12
entering the residence, school, business, or place of employment of the petitioner or family or
household member in the order, it also shall include in the order provisions of the type described in
division (E)(5) of this section. The court may include within a protection order issued under this
section a term requiring that the respondent not remove, damage, hide, harm, or dispose of any
companion animal owned or possessed by the person to be protected by the order, and may include
within the order a term authorizing the person to be protected by the order to remove a companion
animal owned by the person to be protected by the order from the possession of the respondent.
(b) After a full hearing, if the court considering a petition that includes an allegation of the
type described in division (C)(2) of this section, or the court upon its own motion, finds upon clear
and convincing evidence that the petitioner reasonably believed that the respondent's conduct at any
time preceding the filing of the petition endangered the health, welfare, or safety of the person to be
protected and that the respondent presents a continuing danger to the person to be protected, the court
may order that the respondent be electronically monitored for a period of time and under the terms
and conditions that the court determines are appropriate. Electronic monitoring shall be in addition to
any other relief granted to the petitioner.
(2)(a) Any protection order issued pursuant to this section shall be valid until a date certain
but not later than five years from the date of its issuance.
(b) Any protection order issued pursuant to this section may be renewed in the same manner
as the original order was issued.
(3) A court may not issue a protection order that requires a petitioner to do or to refrain from
doing an act that the court may require a respondent to do or to refrain from doing under division (E)
(1) of this section unless all of the following apply:
(a) The respondent files a separate petition for a protection order in accordance with this
section.
(b) The petitioner is served with notice of the respondent's petition at least forty-eight hours
before the court holds a hearing with respect to the respondent's petition, or the petitioner waives the
right to receive this notice.
(c) If the petitioner has requested an ex parte order pursuant to division (D) of this section,
the court does not delay any hearing required by that division beyond the time specified in that
division in order to consolidate the hearing with a hearing on the petition filed by the respondent.
(d) After a full hearing at which the respondent presents evidence in support of the request for
a protection order and the petitioner is afforded an opportunity to defend against that evidence, the
court determines that the petitioner has committed a violation of section 2903.211 of the Revised
Code against the person to be protected by the protection order issued pursuant to division (E)(3) of
this section, has committed a sexually oriented offense against the person to be protected by the
protection order issued pursuant to division (E)(3) of this section, or has violated a protection order
issued pursuant to section 2903.213 of the Revised Code relative to the person to be protected by the
protection order issued pursuant to division (E)(3) of this section.
(4) No protection order issued pursuant to this section shall in any manner affect title to any
real property.
(5)(a) If the court issues a protection order under this section that includes a requirement that
the alleged offender refrain from entering the residence, school, business, or place of employment of
Sub. H. B. No. 1 132nd G.A.
13
the petitioner or a family or household member, the order shall clearly state that the order cannot be
waived or nullified by an invitation to the alleged offender from the complainant to enter the
residence, school, business, or place of employment or by the alleged offender's entry into one of
those places otherwise upon the consent of the petitioner or family or household member.
(b) Division (E)(5)(a) of this section does not limit any discretion of a court to determine that
an alleged offender charged with a violation of section 2919.27 of the Revised Code, with a violation
of a municipal ordinance substantially equivalent to that section, or with contempt of court, which
charge is based on an alleged violation of a protection order issued under this section, did not commit
the violation or was not in contempt of court.
(F)(1) The court shall cause the delivery of a copy of any protection order that is issued under
this section to the petitioner, to the respondent, and to all law enforcement agencies that have
jurisdiction to enforce the order. The court shall direct that a copy of the order be delivered to the
respondent on the same day that the order is entered.
(2) Upon the issuance of a protection order under this section, the court shall provide the
parties to the order with the following notice orally or by form:
"NOTICE
As a result of this order, it may be unlawful for you to possess or purchase a firearm,
including a rifle, pistol, or revolver, or ammunition pursuant to federal law under 18 U.S.C. 922(g)(8)
for the duration of this order. If you have any questions whether this law makes it illegal for you to
possess or purchase a firearm or ammunition, you should consult an attorney."
(3) All law enforcement agencies shall establish and maintain an index for the protection
orders delivered to the agencies pursuant to division (F)(1) of this section. With respect to each order
delivered, each agency shall note on the index the date and time that it received the order.
(4) Regardless of whether the petitioner has registered the protection order in the county in
which the officer's agency has jurisdiction pursuant to division (M) of this section, any officer of a
law enforcement agency shall enforce a protection order issued pursuant to this section by any court
in this state in accordance with the provisions of the order, including removing the respondent from
the premises, if appropriate.
(G) Any proceeding under this section shall be conducted in accordance with the Rules of
Civil Procedure, except that a protection order may be obtained under this section with or without
bond. An order issued under this section, other than an ex parte order, that grants a protection order,
or that refuses to grant a protection order, is a final, appealable order. The remedies and procedures
provided in this section are in addition to, and not in lieu of, any other available civil or criminal
remedies.
(H) The filing of proceedings under this section does not excuse a person from filing any
report or giving any notice required by section 2151.421 of the Revised Code or by any other law.
(I) Any law enforcement agency that investigates an alleged violation of section 2903.211 of
the Revised Code or an alleged commission of a sexually oriented offense shall provide information
to the victim and the family or household members of the victim regarding the relief available under
this section and section 2903.213 of the Revised Code.
(J)(1) Subject to division (J)(2) of this section and regardless of whether a protection order is
issued or a consent agreement is approved by a court of another county or by a court of another state,
Sub. H. B. No. 1 132nd G.A.
14
no court or unit of state or local government shall charge the petitioner any fee, cost, deposit, or
money in connection with the filing of a petition pursuant to this section, in connection with the
filing, issuance, registration, modification, enforcement, dismissal, withdrawal, or service of a
protection order, consent agreement, or witness subpoena or for obtaining a certified copy of a
protection order or consent agreement.
(2) Regardless of whether a protection order is issued or a consent agreement is approved
pursuant to this section, the court may assess costs against the respondent in connection with the
filing, issuance, registration, modification, enforcement, dismissal, withdrawal, or service of a
protection order, consent agreement, or witness subpoena or for obtaining a certified copy of a
protection order or consent agreement.
(K)(1) A person who violates a protection order issued under this section is subject to the
following sanctions:
(a) Criminal prosecution for a violation of section 2919.27 of the Revised Code, if the
violation of the protection order constitutes a violation of that section;
(b) Punishment for contempt of court.
(2) The punishment of a person for contempt of court for violation of a protection order
issued under this section does not bar criminal prosecution of the person for a violation of section
2919.27 of the Revised Code. However, a person punished for contempt of court is entitled to credit
for the punishment imposed upon conviction of a violation of that section, and a person convicted of
a violation of that section shall not subsequently be punished for contempt of court arising out of the
same activity.
(L) In all stages of a proceeding under this section, a petitioner may be accompanied by a
victim advocate.
(M)(1) A petitioner who obtains a protection order under this section or a protection order
under section 2903.213 of the Revised Code may provide notice of the issuance or approval of the
order to the judicial and law enforcement officials in any county other than the county in which the
order is issued by registering that order in the other county pursuant to division (M)(2) of this section
and filing a copy of the registered order with a law enforcement agency in the other county in
accordance with that division. A person who obtains a protection order issued by a court of another
state may provide notice of the issuance of the order to the judicial and law enforcement officials in
any county of this state by registering the order in that county pursuant to section 2919.272 of the
Revised Code and filing a copy of the registered order with a law enforcement agency in that county.
(2) A petitioner may register a protection order issued pursuant to this section or section
2903.213 of the Revised Code in a county other than the county in which the court that issued the
order is located in the following manner:
(a) The petitioner shall obtain a certified copy of the order from the clerk of the court that
issued the order and present that certified copy to the clerk of the court of common pleas or the clerk
of a municipal court or county court in the county in which the order is to be registered.
(b) Upon accepting the certified copy of the order for registration, the clerk of the court of
common pleas, municipal court, or county court shall place an endorsement of registration on the
order and give the petitioner a copy of the order that bears that proof of registration.
(3) The clerk of each court of common pleas, municipal court, or county court shall maintain
Sub. H. B. No. 1 132nd G.A.
15
a registry of certified copies of protection orders that have been issued by courts in other counties
pursuant to this section or section 2903.213 of the Revised Code and that have been registered with
the clerk.
(N)(1) If the court orders electronic monitoring of the respondent under this section, the court
shall direct the sheriff's office or any other appropriate law enforcement agency to install the
electronic monitoring device and to monitor the respondent. Unless the court determines that the
respondent is indigent, the court shall order the respondent to pay the cost of the installation and
monitoring of the electronic monitoring device. If the court determines that the respondent is indigent
and subject to the maximum amount allowable to be paid in any year from the fund and the rules
promulgated by the attorney general under division (N)(2) of this section, the cost of the installation
and monitoring of the electronic monitoring device may be paid out of funds from the reparations
fund created pursuant to section 2743.191 of the Revised Code. The total amount of costs for the
installation and monitoring of electronic monitoring devices paid pursuant to this division and
sections 2151.34 and 2919.27 of the Revised Code from the reparations fund shall not exceed three
hundred thousand dollars per year.
(2) The attorney general may promulgate rules pursuant to section 111.15 of the Revised
Code to govern payments made from the reparations fund pursuant to this division and sections
2151.34 and 2919.27 of the Revised Code. The rules may include reasonable limits on the total cost
paid pursuant to this division and sections 2151.34 and 2919.27 of the Revised Code per respondent,
the amount of the three hundred thousand dollars allocated to each county, and how invoices may be
submitted by a county, court, or other entity.
Sec. 2919.26. (A)(1) Upon the filing of a complaint that alleges a violation of section
2909.06, 2909.07, 2911.12, or 2911.211 of the Revised Code if the alleged victim of the violation
was a family or household member at the time of the violation, a violation of a municipal ordinance
that is substantially similar to any of those sections if the alleged victim of the violation was a family
or household member at the time of the violation, any offense of violence if the alleged victim of the
offense was a family or household member at the time of the commission of the offense, or any
sexually oriented offense if the alleged victim of the offense was a family or household member at
the time of the commission of the offense, the complainant, the alleged victim, or a family or
household member of an alleged victim may file, or, if in an emergency the alleged victim is unable
to file, a person who made an arrest for the alleged violation or offense under section 2935.03 of the
Revised Code may file on behalf of the alleged victim, a motion that requests the issuance of a
temporary protection order as a pretrial condition of release of the alleged offender, in addition to any
bail set under Criminal Rule 46. The motion shall be filed with the clerk of the court that has
jurisdiction of the case at any time after the filing of the complaint.
(2) For purposes of section 2930.09 of the Revised Code, all stages of a proceeding arising
out of a complaint alleging the commission of a violation, offense of violence, or sexually oriented
offense described in division (A)(1) of this section, including all proceedings on a motion for a
temporary protection order, are critical stages of the case, and a victim may be accompanied by a
victim advocate or another person to provide support to the victim as provided in that section.
(B) The motion shall be prepared on a form that is provided by the clerk of the court, which
form shall be substantially as follows:
Sub. H. B. No. 1 132nd G.A.
16
"MOTION FOR TEMPORARY PROTECTION ORDER
.......................... Court
Name and address of court
State of Ohio
v. No. ....
.........................
Name of Defendant
(name of person), moves the court to issue a temporary protection order containing terms designed to
ensure the safety and protection of the complainant, alleged victim, and other family or household
members, in relation to the named defendant, pursuant to its authority to issue such an order under
section 2919.26 of the Revised Code.
A complaint, a copy of which has been attached to this motion, has been filed in this court
charging the named defendant with .......................... (name of the specified violation, the offense of
violence, or sexually oriented offense charged) in circumstances in which the victim was a family or
household member in violation of (section of the Revised Code designating the specified violation,
offense of violence, or sexually oriented offense charged), or charging the named defendant with a
violation of a municipal ordinance that is substantially similar to ........................ (section of the
Revised Code designating the specified violation, offense of violence, or sexually oriented offense
charged) involving a family or household member.
I understand that I must appear before the court, at a time set by the court within twenty-four
hours after the filing of this motion, for a hearing on the motion or that, if I am unable to appear
because of hospitalization or a medical condition resulting from the offense alleged in the complaint,
a person who can provide information about my need for a temporary protection order must appear
before the court in lieu of my appearing in court. I understand that any temporary protection order
granted pursuant to this motion is a pretrial condition of release and is effective only until the
disposition of the criminal proceeding arising out of the attached complaint, or the issuance of a civil
protection order or the approval of a consent agreement, arising out of the same activities as those
that were the basis of the complaint, under section 3113.31 of the Revised Code.
..........................................
Signature of person
(or signature of the arresting officer who filed the motion on behalf of the alleged victim)
..........................................
Address of person (or office address of the arresting officer who filed the motion on behalf of the
alleged victim)"
(C)(1) As soon as possible after the filing of a motion that requests the issuance of a
temporary protection order, but not later than twenty-four hours after the filing of the motion, the
court shall conduct a hearing to determine whether to issue the order. The person who requested the
Sub. H. B. No. 1 132nd G.A.
17
order shall appear before the court and provide the court with the information that it requests
concerning the basis of the motion. If the person who requested the order is unable to appear and if
the court finds that the failure to appear is because of the person's hospitalization or medical
condition resulting from the offense alleged in the complaint, another person who is able to provide
the court with the information it requests may appear in lieu of the person who requested the order. If
the court finds that the safety and protection of the complainant, alleged victim, or any other family
or household member of the alleged victim may be impaired by the continued presence of the alleged
offender, the court may issue a temporary protection order, as a pretrial condition of release, that
contains terms designed to ensure the safety and protection of the complainant, alleged victim, or the
family or household member, including a requirement that the alleged offender refrain from entering
the residence, school, business, or place of employment of the complainant, alleged victim, or the
family or household member. The court may include within a protection order issued under this
section a term requiring that the alleged offender not remove, damage, hide, harm, or dispose of any
companion animal owned or possessed by the complainant, alleged victim, or any other family or
household member of the alleged victim, and may include within the order a term authorizing the
complainant, alleged victim, or other family or household member of the alleged victim to remove a
companion animal owned by the complainant, alleged victim, or other family or household member
from the possession of the alleged offender.
(2)(a) If the court issues a temporary protection order that includes a requirement that the
alleged offender refrain from entering the residence, school, business, or place of employment of the
complainant, the alleged victim, or the family or household member, the order shall state clearly that
the order cannot be waived or nullified by an invitation to the alleged offender from the complainant,
alleged victim, or family or household member to enter the residence, school, business, or place of
employment or by the alleged offender's entry into one of those places otherwise upon the consent of
the complainant, alleged victim, or family or household member.
(b) Division (C)(2)(a) of this section does not limit any discretion of a court to determine that
an alleged offender charged with a violation of section 2919.27 of the Revised Code, with a violation
of a municipal ordinance substantially equivalent to that section, or with contempt of court, which
charge is based on an alleged violation of a temporary protection order issued under this section, did
not commit the violation or was not in contempt of court.
(D)(1) Upon the filing of a complaint that alleges a violation of section 2909.06, 2909.07,
2911.12, or 2911.211 of the Revised Code if the alleged victim of the violation was a family or
household member at the time of the violation, a violation of a municipal ordinance that is
substantially similar to any of those sections if the alleged victim of the violation was a family or
household member at the time of the violation, any offense of violence if the alleged victim of the
offense was a family or household member at the time of the commission of the offense, or any
sexually oriented offense if the alleged victim of the offense was a family or household member at
the time of the commission of the offense, the court, upon its own motion, may issue a temporary
protection order as a pretrial condition of release if it finds that the safety and protection of the
complainant, alleged victim, or other family or household member of the alleged offender may be
impaired by the continued presence of the alleged offender.
(2) If the court issues a temporary protection order under this section as an ex parte order, it
Sub. H. B. No. 1 132nd G.A.
18
shall conduct, as soon as possible after the issuance of the order, a hearing in the presence of the
alleged offender not later than the next day on which the court is scheduled to conduct business after
the day on which the alleged offender was arrested or at the time of the appearance of the alleged
offender pursuant to summons to determine whether the order should remain in effect, be modified,
or be revoked. The hearing shall be conducted under the standards set forth in division (C) of this
section.
(3) An order issued under this section shall contain only those terms authorized in orders
issued under division (C) of this section.
(4) If a municipal court or a county court issues a temporary protection order under this
section and if, subsequent to the issuance of the order, the alleged offender who is the subject of the
order is bound over to the court of common pleas for prosecution of a felony arising out of the same
activities as those that were the basis of the complaint upon which the order is based, notwithstanding
the fact that the order was issued by a municipal court or county court, the order shall remain in
effect, as though it were an order of the court of common pleas, while the charges against the alleged
offender are pending in the court of common pleas, for the period of time described in division (E)(2)
of this section, and the court of common pleas has exclusive jurisdiction to modify the order issued
by the municipal court or county court. This division applies when the alleged offender is bound over
to the court of common pleas as a result of the person waiving a preliminary hearing on the felony
charge, as a result of the municipal court or county court having determined at a preliminary hearing
that there is probable cause to believe that the felony has been committed and that the alleged
offender committed it, as a result of the alleged offender having been indicted for the felony, or in
any other manner.
(E) A temporary protection order that is issued as a pretrial condition of release under this
section:
(1) Is in addition to, but shall not be construed as a part of, any bail set under Criminal Rule
46;
(2) Is effective only until the occurrence of either of the following:
(a) The disposition, by the court that issued the order or, in the circumstances described in
division (D)(4) of this section, by the court of common pleas to which the alleged offender is bound
over for prosecution, of the criminal proceeding arising out of the complaint upon which the order is
based;
(b) The issuance of a protection order or the approval of a consent agreement, arising out of
the same activities as those that were the basis of the complaint upon which the order is based, under
section 3113.31 of the Revised Code;.
(3) Shall not be construed as a finding that the alleged offender committed the alleged
offense, and shall not be introduced as evidence of the commission of the offense at the trial of the
alleged offender on the complaint upon which the order is based.
(F) A person who meets the criteria for bail under Criminal Rule 46 and who, if required to
do so pursuant to that rule, executes or posts bond or deposits cash or securities as bail, shall not be
held in custody pending a hearing before the court on a motion requesting a temporary protection
order.
(G)(1) A copy of any temporary protection order that is issued under this section shall be
Sub. H. B. No. 1 132nd G.A.
19
issued by the court to the complainant, to the alleged victim, to the person who requested the order, to
the defendant, and to all law enforcement agencies that have jurisdiction to enforce the order. The
court shall direct that a copy of the order be delivered to the defendant on the same day that the order
is entered. If a municipal court or a county court issues a temporary protection order under this
section and if, subsequent to the issuance of the order, the defendant who is the subject of the order is
bound over to the court of common pleas for prosecution as described in division (D)(4) of this
section, the municipal court or county court shall direct that a copy of the order be delivered to the
court of common pleas to which the defendant is bound over.
(2) Upon the issuance of a protection order under this section, the court shall provide the
parties to the order with the following notice orally or by form:
"NOTICE
As a result of this protection order, it may be unlawful for you to possess or purchase a
firearm, including a rifle, pistol, or revolver, or ammunition pursuant to federal law under 18 U.S.C.
922(g)(8) for the duration of this order. If you have any questions whether this law makes it illegal
for you to possess or purchase a firearm or ammunition, you should consult an attorney."
(3) All law enforcement agencies shall establish and maintain an index for the temporary
protection orders delivered to the agencies pursuant to division (G)(1) of this section. With respect to
each order delivered, each agency shall note on the index, the date and time of the receipt of the order
by the agency.
(4) A complainant, alleged victim, or other person who obtains a temporary protection order
under this section may provide notice of the issuance of the temporary protection order to the judicial
and law enforcement officials in any county other than the county in which the order is issued by
registering that order in the other county in accordance with division (N) of section 3113.31 of the
Revised Code and filing a copy of the registered protection order with a law enforcement agency in
the other county in accordance with that division.
(5) Any officer of a law enforcement agency shall enforce a temporary protection order
issued by any court in this state in accordance with the provisions of the order, including removing
the defendant from the premises, regardless of whether the order is registered in the county in which
the officer's agency has jurisdiction as authorized by division (G)(4) of this section.
(H) Upon a violation of a temporary protection order, the court may issue another temporary
protection order, as a pretrial condition of release, that modifies the terms of the order that was
violated.
(I)(1) As used in divisions (I)(1) and (2) of this section, "defendant" means a person who is
alleged in a complaint to have committed a violation, offense of violence, or sexually oriented
offense of the type described in division (A) of this section.
(2) If a complaint is filed that alleges that a person committed a violation, offense of
violence, or sexually oriented offense of the type described in division (A) of this section, the court
may not issue a temporary protection order under this section that requires the complainant, the
alleged victim, or another family or household member of the defendant to do or refrain from doing
an act that the court may require the defendant to do or refrain from doing under a temporary
protection order unless both of the following apply:
(a) The defendant has filed a separate complaint that alleges that the complainant, alleged
Sub. H. B. No. 1 132nd G.A.
20
victim, or other family or household member in question who would be required under the order to
do or refrain from doing the act committed a violation or offense of violence of the type described in
division (A) of this section.
(b) The court determines that both the complainant, alleged victim, or other family or
household member in question who would be required under the order to do or refrain from doing the
act and the defendant acted primarily as aggressors, that neither the complainant, alleged victim, or
other family or household member in question who would be required under the order to do or refrain
from doing the act nor the defendant acted primarily in self-defense, and, in accordance with the
standards and criteria of this section as applied in relation to the separate complaint filed by the
defendant, that it should issue the order to require the complainant, alleged victim, or other family or
household member in question to do or refrain from doing the act.
(J)(1) Subject to division (J)(2) of this section and regardless of whether a protection order is
issued or a consent agreement is approved by a court of another county or a court of another state, no
court or unit of state or local government shall charge the movant any fee, cost, deposit, or money in
connection with the filing of a motion pursuant to this section, in connection with the filing, issuance,
registration, modification, enforcement, dismissal, withdrawal, or service of a protection order,
consent agreement, or witness subpoena or for obtaining a certified copy of a protection order or
consent agreement.
(2) Regardless of whether a protection order is issued or a consent agreement is approved
pursuant to this section, if the defendant is convicted the court may assess costs against the defendant
in connection with the filing, issuance, registration, modification, enforcement, dismissal,
withdrawal, or service of a protection order, consent agreement, or witness subpoena or for obtaining
a certified copy of a protection order or consent agreement.
(K) As used in this section:
(1) "Companion animal" has the same meaning as in section 959.131 of the Revised Code.
(2) "Sexually oriented offense" has the same meaning as in section 2950.01 of the Revised
Code.
(3) "Victim advocate" means a person who provides support and assistance for a victim of an
offense during court proceedings.
Sec. 3113.31. (A) As used in this section:
(1) "Domestic violence" means the any of the following:
(a) The occurrence of one or more of the following acts against a family or household
member:
(a)(i) Attempting to cause or recklessly causing bodily injury;
(b)(ii) Placing another person by the threat of force in fear of imminent serious physical harm
or committing a violation of section 2903.211 or 2911.211 of the Revised Code;
(c)(iii) Committing any act with respect to a child that would result in the child being an
abused child, as defined in section 2151.031 of the Revised Code;
(d)(iv) Committing a sexually oriented offense.
(b) The occurrence of one or more of the acts identified in divisions (A)(1)(a)(i) to (iv) of this
section against a person with whom the respondent is or was in a dating relationship.
(2) "Court" means the domestic relations division of the court of common pleas in counties
Sub. H. B. No. 1 132nd G.A.
21
that have a domestic relations division and the court of common pleas in counties that do not have a
domestic relations division, or the juvenile division of the court of common pleas of the county in
which the person to be protected by a protection order issued or a consent agreement approved under
this section resides if the respondent is less than eighteen years of age.
(3) "Family or household member" means any of the following:
(a) Any of the following who is residing with or has resided with the respondent:
(i) A spouse, a person living as a spouse, or a former spouse of the respondent;
(ii) A parent, a foster parent, or a child of the respondent, or another person related by
consanguinity or affinity to the respondent;
(iii) A parent or a child of a spouse, person living as a spouse, or former spouse of the
respondent, or another person related by consanguinity or affinity to a spouse, person living as a
spouse, or former spouse of the respondent.
(b) The natural parent of any child of whom the respondent is the other natural parent or is
the putative other natural parent.
(4) "Person living as a spouse" means a person who is living or has lived with the respondent
in a common law marital relationship, who otherwise is cohabiting with the respondent, or who
otherwise has cohabited with the respondent within five years prior to the date of the alleged
occurrence of the act in question.
(5) "Victim advocate" means a person who provides support and assistance for a person who
files a petition under this section.
(6) "Sexually oriented offense" has the same meaning as in section 2950.01 of the Revised
Code.
(7) "Companion animal" has the same meaning as in section 959.131 of the Revised Code.
(8) "Dating relationship" means a relationship between individuals who have, or have had, a
relationship of a romantic or intimate nature. "Dating relationship" does not include a casual
acquaintanceship or ordinary fraternization in a business or social context.
(9) "Person with whom the respondent is or was in a dating relationship" means an adult who,
at the time of the conduct in question, is in a dating relationship with the respondent who also is an
adult or who, within the twelve months preceding the conduct in question, has had a dating
relationship with the respondent who also is an adult.
(B) The court has jurisdiction over all proceedings under this section. The petitioner's right to
relief under this section is not affected by the petitioner's leaving the residence or household to avoid
further domestic violence.
(C) A person may seek relief under this section on the person's own behalf, or any parent or
adult household member may seek relief under this section on behalf of any other family or
household member, by filing a petition with the court. The petition shall contain or state:
(1) An allegation that the respondent engaged in domestic violence against a family or
household member of the respondent or against a person with whom the respondent is or was in a
dating relationship, including a description of the nature and extent of the domestic violence;
(2) The relationship of the respondent to the petitioner, and to the victim if other than the
petitioner;
(3) If the petition is for protection of a person with whom the respondent is or was in a dating
Sub. H. B. No. 1 132nd G.A.
22
relationship, the facts upon which the court may conclude that a dating relationship existed between
the person to be protected and the respondent;
(4) A request for relief under this section.
(D)(1) If a person who files a petition pursuant to this section requests an ex parte order, the
court shall hold an ex parte hearing on the same day that the petition is filed. The court, for good
cause shown at the ex parte hearing, may enter any temporary orders, with or without bond,
including, but not limited to, an order described in division (E)(1)(a), (b), or (c) of this section, that
the court finds necessary to protect the family or household member or the person with whom the
respondent is or was in a dating relationship from domestic violence. Immediate and present danger
of domestic violence to the family or household member or to the person with whom the respondent
is or was in a dating relationship constitutes good cause for purposes of this section. Immediate and
present danger includes, but is not limited to, situations in which the respondent has threatened the
family or household member or person with whom the respondent is or was in a dating relationship
with bodily harm, in which the respondent has threatened the family or household member or person
with whom the respondent is or was in a dating relationship with a sexually oriented offense, or in
which the respondent previously has been convicted of, pleaded guilty to, or been adjudicated a
delinquent child for an offense that constitutes domestic violence against the family or household
member or person with whom the respondent is or was in a dating relationship.
(2)(a) If the court, after an ex parte hearing, issues an order described in division (E)(1)(b) or
(c) of this section, the court shall schedule a full hearing for a date that is within seven court days
after the ex parte hearing. If any other type of protection order that is authorized under division (E) of
this section is issued by the court after an ex parte hearing, the court shall schedule a full hearing for
a date that is within ten court days after the ex parte hearing. The court shall give the respondent
notice of, and an opportunity to be heard at, the full hearing. The court shall hold the full hearing on
the date scheduled under this division unless the court grants a continuance of the hearing in
accordance with this division. Under any of the following circumstances or for any of the following
reasons, the court may grant a continuance of the full hearing to a reasonable time determined by the
court:
(i) Prior to the date scheduled for the full hearing under this division, the respondent has not
been served with the petition filed pursuant to this section and notice of the full hearing.
(ii) The parties consent to the continuance.
(iii) The continuance is needed to allow a party to obtain counsel.
(iv) The continuance is needed for other good cause.
(b) An ex parte order issued under this section does not expire because of a failure to serve
notice of the full hearing upon the respondent before the date set for the full hearing under division
(D)(2)(a) of this section or because the court grants a continuance under that division.
(3) If a person who files a petition pursuant to this section does not request an ex parte order,
or if a person requests an ex parte order but the court does not issue an ex parte order after an ex parte
hearing, the court shall proceed as in a normal civil action and grant a full hearing on the matter.
(E)(1) After an ex parte or full hearing, the court may grant any protection order, with or
without bond, or approve any consent agreement to bring about a cessation of domestic violence
against the family or household members or persons with whom the respondent is or was in a dating
Sub. H. B. No. 1 132nd G.A.
23
relationship. The order or agreement may:
(a) Direct the respondent to refrain from abusing or from committing sexually oriented
offenses against the family or household members or persons with whom the respondent is or was in
a dating relationship;
(b) Grant With respect to a petition involving family or household members, grant possession
of the residence or household to the petitioner or other family or household member, to the exclusion
of the respondent, by evicting the respondent, when the residence or household is owned or leased
solely by the petitioner or other family or household member, or by ordering the respondent to vacate
the premises, when the residence or household is jointly owned or leased by the respondent, and the
petitioner or other family or household member;
(c) When With respect to a petition involving family or household members, when the
respondent has a duty to support the petitioner or other family or household member living in the
residence or household and the respondent is the sole owner or lessee of the residence or household,
grant possession of the residence or household to the petitioner or other family or household member,
to the exclusion of the respondent, by ordering the respondent to vacate the premises, or, in the case
of a consent agreement, allow the respondent to provide suitable, alternative housing;
(d) Temporarily With respect to a petition involving family or household members,
temporarily allocate parental rights and responsibilities for the care of, or establish temporary
parenting time rights with regard to, minor children, if no other court has determined, or is
determining, the allocation of parental rights and responsibilities for the minor children or parenting
time rights;
(e) Require With respect to a petition involving family or household members, require the
respondent to maintain support, if the respondent customarily provides for or contributes to the
support of the family or household member, or if the respondent has a duty to support the petitioner
or family or household member;
(f) Require the respondent, petitioner, victim of domestic violence, or any combination of
those persons, to seek counseling;
(g) Require the respondent to refrain from entering the residence, school, business, or place
of employment of the petitioner or, with respect to a petition involving family or household
members, a family or household member;
(h) Grant other relief that the court considers equitable and fair, including, but not limited to,
ordering the respondent to permit the use of a motor vehicle by the petitioner or, with respect to a
petition involving family or household members, other family or household member members and
the apportionment of household and family personal property;
(i) Require that the respondent not remove, damage, hide, harm, or dispose of any companion
animal owned or possessed by the petitioner;
(j) Authorize the petitioner to remove a companion animal owned by the petitioner from the
possession of the respondent;
(k) Require a wireless service transfer in accordance with sections 3113.45 to 3113.459 of the
Revised Code.
(2) If a protection order has been issued pursuant to this section in a prior action involving the
respondent and the petitioner or, with respect to a petition involving family or household members,
Sub. H. B. No. 1 132nd G.A.
24
one or more of the family or household members or victims, the court may include in a protection
order that it issues a prohibition against the respondent returning to the residence or household. If it
includes a prohibition against the respondent returning to the residence or household in the order, it
also shall include in the order provisions of the type described in division (E)(7) of this section. This
division does not preclude the court from including in a protection order or consent agreement, in
circumstances other than those described in this division, a requirement that the respondent be
evicted from or vacate the residence or household or refrain from entering the residence, school,
business, or place of employment of the petitioner or, with respect to a petition involving family or
household members, a family or household member, and, if the court includes any requirement of
that type in an order or agreement, the court also shall include in the order provisions of the type
described in division (E)(7) of this section.
(3)(a) Any protection order issued or consent agreement approved under this section shall be
valid until a date certain, but not later than five years from the date of its issuance or approval, or not
later than the date a respondent who is less than eighteen years of age attains nineteen years of age,
unless modified or terminated as provided in division (E)(8) of this section.
(b) Subject With respect to an order involving family or household members, subject to the
limitation on the duration of an order or agreement set forth in division (E)(3)(a) of this section, any
order under division (E)(1)(d) of this section shall terminate on the date that a court in an action for
divorce, dissolution of marriage, or legal separation brought by the petitioner or respondent issues an
order allocating parental rights and responsibilities for the care of children or on the date that a
juvenile court in an action brought by the petitioner or respondent issues an order awarding legal
custody of minor children. Subject to the limitation on the duration of an order or agreement set forth
in division (E)(3)(a) of this section, any order under division (E)(1)(e) of this section shall terminate
on the date that a court in an action for divorce, dissolution of marriage, or legal separation brought
by the petitioner or respondent issues a support order or on the date that a juvenile court in an action
brought by the petitioner or respondent issues a support order.
(c) Any protection order issued or consent agreement approved pursuant to this section may
be renewed in the same manner as the original order or agreement was issued or approved.
(4) A court may not issue a protection order that requires a petitioner to do or to refrain from
doing an act that the court may require a respondent to do or to refrain from doing under division (E)
(1)(a), (b), (c), (d), (e), (g), or (h) of this section unless all of the following apply:
(a) The respondent files a separate petition for a protection order in accordance with this
section.
(b) The petitioner is served notice of the respondent's petition at least forty-eight hours before
the court holds a hearing with respect to the respondent's petition, or the petitioner waives the right to
receive this notice.
(c) If the petitioner has requested an ex parte order pursuant to division (D) of this section,
the court does not delay any hearing required by that division beyond the time specified in that
division in order to consolidate the hearing with a hearing on the petition filed by the respondent.
(d) After a full hearing at which the respondent presents evidence in support of the request for
a protection order and the petitioner is afforded an opportunity to defend against that evidence, the
court determines that the petitioner has committed an act of domestic violence or has violated a
Sub. H. B. No. 1 132nd G.A.
25
temporary protection order issued pursuant to section 2919.26 of the Revised Code, that both the
petitioner and the respondent acted primarily as aggressors, and that neither the petitioner nor the
respondent acted primarily in self-defense.
(5) No protection order issued or consent agreement approved under this section shall in any
manner affect title to any real property.
(6)(a) If With respect to an order involving family or household members, if a petitioner, or
the child of a petitioner, who obtains a protection order or consent agreement pursuant to division (E)
(1) of this section or a temporary protection order pursuant to section 2919.26 of the Revised Code
and is the subject of a parenting time order issued pursuant to section 3109.051 or 3109.12 of the
Revised Code or a visitation or companionship order issued pursuant to section 3109.051, 3109.11,
or 3109.12 of the Revised Code or division (E)(1)(d) of this section granting parenting time rights to
the respondent, the court may require the public children services agency of the county in which the
court is located to provide supervision of the respondent's exercise of parenting time or visitation or
companionship rights with respect to the child for a period not to exceed nine months, if the court
makes the following findings of fact:
(i) The child is in danger from the respondent;
(ii) No other person or agency is available to provide the supervision.
(b) A court that requires an agency to provide supervision pursuant to division (E)(6)(a) of
this section shall order the respondent to reimburse the agency for the cost of providing the
supervision, if it determines that the respondent has sufficient income or resources to pay that cost.
(7)(a) If a protection order issued or consent agreement approved under this section includes
a requirement that the respondent be evicted from or vacate the residence or household or refrain
from entering the residence, school, business, or place of employment of the petitioner or, with
respect to a petition involving family or household members, a family or household member, the
order or agreement shall state clearly that the order or agreement cannot be waived or nullified by an
invitation to the respondent from the petitioner or other family or household member to enter the
residence, school, business, or place of employment or by the respondent's entry into one of those
places otherwise upon the consent of the petitioner or other family or household member.
(b) Division (E)(7)(a) of this section does not limit any discretion of a court to determine that
a respondent charged with a violation of section 2919.27 of the Revised Code, with a violation of a
municipal ordinance substantially equivalent to that section, or with contempt of court, which charge
is based on an alleged violation of a protection order issued or consent agreement approved under
this section, did not commit the violation or was not in contempt of court.
(8)(a) The court may modify or terminate as provided in division (E)(8) of this section a
protection order or consent agreement that was issued after a full hearing under this section. The
court that issued the protection order or approved the consent agreement shall hear a motion for
modification or termination of the protection order or consent agreement pursuant to division (E)(8)
of this section.
(b) Either the petitioner or the respondent of the original protection order or consent
agreement may bring a motion for modification or termination of a protection order or consent
agreement that was issued or approved after a full hearing. The court shall require notice of the
motion to be made as provided by the Rules of Civil Procedure. If the petitioner for the original
Sub. H. B. No. 1 132nd G.A.
26
protection order or consent agreement has requested that the petitioner's address be kept confidential,
the court shall not disclose the address to the respondent of the original protection order or consent
agreement or any other person, except as otherwise required by law. The moving party has the burden
of proof to show, by a preponderance of the evidence, that modification or termination of the
protection order or consent agreement is appropriate because either the protection order or consent
agreement is no longer needed or because the terms of the original protection order or consent
agreement are no longer appropriate.
(c) In considering whether to modify or terminate a protection order or consent agreement
issued or approved under this section, the court shall consider all relevant factors, including, but not
limited to, the following:
(i) Whether the petitioner consents to modification or termination of the protection order or
consent agreement;
(ii) Whether the petitioner fears the respondent;
(iii) The current nature of the relationship between the petitioner and the respondent;
(iv) The circumstances of the petitioner and respondent, including the relative proximity of
the petitioner's and respondent's workplaces and residences and whether the petitioner and
respondent have minor children together;
(v) Whether the respondent has complied with the terms and conditions of the original
protection order or consent agreement;
(vi) Whether the respondent has a continuing involvement with illegal drugs or alcohol;
(vii) Whether the respondent has been convicted of, pleaded guilty to, or been adjudicated a
delinquent child for an offense of violence since the issuance of the protection order or approval of
the consent agreement;
(viii) Whether any other protection orders, consent agreements, restraining orders, or no
contact orders have been issued against the respondent pursuant to this section, section 2919.26 of
the Revised Code, any other provision of state law, or the law of any other state;
(ix) Whether the respondent has participated in any domestic violence treatment, intervention
program, or other counseling addressing domestic violence and whether the respondent has
completed the treatment, program, or counseling;
(x) The time that has elapsed since the protection order was issued or since the consent
agreement was approved;
(xi) The age and health of the respondent;
(xii) When the last incident of abuse, threat of harm, or commission of a sexually oriented
offense occurred or other relevant information concerning the safety and protection of the petitioner
or other protected parties.
(d) If a protection order or consent agreement is modified or terminated as provided in
division (E)(8) of this section, the court shall issue copies of the modified or terminated order or
agreement as provided in division (F) of this section. A petitioner may also provide notice of the
modification or termination to the judicial and law enforcement officials in any county other than the
county in which the order or agreement is modified or terminated as provided in division (N) of this
section.
(e) If the respondent moves for modification or termination of a protection order or consent
Sub. H. B. No. 1 132nd G.A.
27
agreement pursuant to this section and the court denies the motion, the court may assess costs against
the respondent for the filing of the motion.
(9) Any protection order issued or any consent agreement approved pursuant to this section
shall include a provision that the court will automatically seal all of the records of the proceeding in
which the order is issued or agreement approved on the date the respondent attains the age of
nineteen years unless the petitioner provides the court with evidence that the respondent has not
complied with all of the terms of the protection order or consent agreement. The protection order or
consent agreement shall specify the date when the respondent attains the age of nineteen years.
(F)(1) A copy of any protection order, or consent agreement, that is issued, approved,
modified, or terminated under this section shall be issued by the court to the petitioner, to the
respondent, and to all law enforcement agencies that have jurisdiction to enforce the order or
agreement. The court shall direct that a copy of an order be delivered to the respondent on the same
day that the order is entered.
(2) Upon the issuance of a protection order or the approval of a consent agreement under this
section, the court shall provide the parties to the order or agreement with the following notice orally
or by form:
"NOTICE
As a result of this order or consent agreement, it may be unlawful for you to possess or
purchase a firearm, including a rifle, pistol, or revolver, or ammunition pursuant to federal law under
18 U.S.C. 922(g)(8) for the duration of this order or consent agreement. If you have any questions
whether this law makes it illegal for you to possess or purchase a firearm or ammunition, you should
consult an attorney."
(3) All law enforcement agencies shall establish and maintain an index for the protection
orders and the approved consent agreements delivered to the agencies pursuant to division (F)(1) of
this section. With respect to each order and consent agreement delivered, each agency shall note on
the index the date and time that it received the order or consent agreement.
(4) Regardless of whether the petitioner has registered the order or agreement in the county in
which the officer's agency has jurisdiction pursuant to division (N) of this section, any officer of a
law enforcement agency shall enforce a protection order issued or consent agreement approved by
any court in this state in accordance with the provisions of the order or agreement, including
removing the respondent from the premises, if appropriate.
(G) Any proceeding under this section shall be conducted in accordance with the Rules of
Civil Procedure, except that an order under this section may be obtained with or without bond. An
order issued under this section, other than an ex parte order, that grants a protection order or approves
a consent agreement, that refuses to grant a protection order or approve a consent agreement that
modifies or terminates a protection order or consent agreement, or that refuses to modify or terminate
a protection order or consent agreement, is a final, appealable order. The remedies and procedures
provided in this section are in addition to, and not in lieu of, any other available civil or criminal
remedies.
(H) The filing of proceedings under this section does not excuse a person from filing any
report or giving any notice required by section 2151.421 of the Revised Code or by any other law.
When a petition under this section alleges domestic violence against minor children, the court shall
Sub. H. B. No. 1 132nd G.A.
28
report the fact, or cause reports to be made, to a county, township, or municipal peace officer under
section 2151.421 of the Revised Code.
(I) Any law enforcement agency that investigates a domestic dispute shall provide
information to the family or household members involved, or the persons in the dating relationship
who are involved, whichever is applicable regarding the relief available under this section and, for
family or household members, section 2919.26 of the Revised Code.
(J)(1) Subject to divisions (E)(8)(e) and (J)(2) of this section and regardless of whether a
protection order is issued or a consent agreement is approved by a court of another county or a court
of another state, no court or unit of state or local government shall charge the petitioner any fee, cost,
deposit, or money in connection with the filing of a petition pursuant to this section or in connection
with the filing, issuance, registration, modification, enforcement, dismissal, withdrawal, or service of
a protection order, consent agreement, or witness subpoena or for obtaining a certified copy of a
protection order or consent agreement.
(2) Regardless of whether a protection order is issued or a consent agreement is approved
pursuant to this section, the court may assess costs against the respondent in connection with the
filing, issuance, registration, modification, enforcement, dismissal, withdrawal, or service of a
protection order, consent agreement, or witness subpoena or for obtaining a certified copy of a
protection order or consent agreement.
(K)(1) The court shall comply with Chapters 3119., 3121., 3123., and 3125. of the Revised
Code when it makes or modifies an order for child support under this section.
(2) If any person required to pay child support under an order made under this section on or
after April 15, 1985, or modified under this section on or after December 31, 1986, is found in
contempt of court for failure to make support payments under the order, the court that makes the
finding, in addition to any other penalty or remedy imposed, shall assess all court costs arising out of
the contempt proceeding against the person and require the person to pay any reasonable attorney's
fees of any adverse party, as determined by the court, that arose in relation to the act of contempt.
(L)(1) A person who violates a protection order issued or a consent agreement approved
under this section is subject to the following sanctions:
(a) Criminal prosecution or a delinquent child proceeding for a violation of section 2919.27
of the Revised Code, if the violation of the protection order or consent agreement constitutes a
violation of that section;
(b) Punishment for contempt of court.
(2) The punishment of a person for contempt of court for violation of a protection order
issued or a consent agreement approved under this section does not bar criminal prosecution of the
person or a delinquent child proceeding concerning the person for a violation of section 2919.27 of
the Revised Code. However, a person punished for contempt of court is entitled to credit for the
punishment imposed upon conviction of or adjudication as a delinquent child for a violation of that
section, and a person convicted of or adjudicated a delinquent child for a violation of that section
shall not subsequently be punished for contempt of court arising out of the same activity.
(M) In all stages of a proceeding under this section, a petitioner may be accompanied by a
victim advocate.
(N)(1) A petitioner who obtains a protection order or consent agreement under this section or
Sub. H. B. No. 1 132nd G.A.
29
a temporary protection order under section 2919.26 of the Revised Code may provide notice of the
issuance or approval of the order or agreement to the judicial and law enforcement officials in any
county other than the county in which the order is issued or the agreement is approved by registering
that order or agreement in the other county pursuant to division (N)(2) of this section and filing a
copy of the registered order or registered agreement with a law enforcement agency in the other
county in accordance with that division. A person who obtains a protection order issued by a court of
another state may provide notice of the issuance of the order to the judicial and law enforcement
officials in any county of this state by registering the order in that county pursuant to section
2919.272 of the Revised Code and filing a copy of the registered order with a law enforcement
agency in that county.
(2) A petitioner may register a temporary protection order, protection order, or consent
agreement in a county other than the county in which the court that issued the order or approved the
agreement is located in the following manner:
(a) The petitioner shall obtain a certified copy of the order or agreement from the clerk of the
court that issued the order or approved the agreement and present that certified copy to the clerk of
the court of common pleas or the clerk of a municipal court or county court in the county in which
the order or agreement is to be registered.
(b) Upon accepting the certified copy of the order or agreement for registration, the clerk of
the court of common pleas, municipal court, or county court shall place an endorsement of
registration on the order or agreement and give the petitioner a copy of the order or agreement that
bears that proof of registration.
(3) The clerk of each court of common pleas, the clerk of each municipal court, and the clerk
of each county court shall maintain a registry of certified copies of temporary protection orders,
protection orders, or consent agreements that have been issued or approved by courts in other
counties and that have been registered with the clerk.
(O) Nothing in this section prohibits the domestic relations division of a court of common
pleas in counties that have a domestic relations division or a court of common pleas in counties that
do not have a domestic relations division from designating a minor child as a protected party on a
protection order or consent agreement.
Sec. 3113.33. As used in sections 3113.33 to 3113.40 of the Revised Code:
(A) "Domestic violence" means attempting any of the following:
(1) Attempting to cause or causing bodily injury to a family or household member, or placing
a family or household member by threat of force in fear of imminent physical harm;
(2) Attempting to cause or causing bodily injury to a person with whom the actor is or was in
a dating relationship, or placing a person with whom the actor is or was in a dating relationship by
threat of force in fear of imminent physical harm.
(B) "Family or household member" means any of the following:
(1) Any of the following who is residing or has resided with the person committing the
domestic violence:
(a) A spouse, a person living as a spouse, or a former spouse of the person committing the
domestic violence;
(b) A parent, foster parent, or child of the person committing the domestic violence, or
Sub. H. B. No. 1 132nd G.A.
30
another person related by consanguinity or affinity to the person committing the domestic violence;
(c) A parent or a child of a spouse, person living as a spouse, or former spouse of the person
committing the domestic violence, or another person related by consanguinity or affinity to a spouse,
person living as a spouse, or former spouse of the person committing the domestic violence;
(d) The dependents of any person listed in division (B)(1)(a), (b), or (c) of this section.
(2) The natural parent of any child of whom the person committing the domestic violence is
the other natural parent or is the putative other natural parent.
(C) "Shelter for victims of domestic violence" or "shelter" means a facility that provides
temporary residential service or facilities to family or household members who are victims of
domestic violence or to persons with whom the actor is or was in a dating relationship who are
victims of domestic violence.
(D) "Person living as a spouse" means a person who is living or has lived with the person
committing the domestic violence in a common law marital relationship, who otherwise is cohabiting
with the person committing the domestic violence, or who otherwise has cohabited with the person
committing the domestic violence within five years prior to the date of the alleged occurrence of the
act in question.
(E) "Dating relationship" has the same meaning as in section 3113.31 of the Revised Code.
(F) "Person with whom the actor is or was in a dating relationship" means an adult who, at
the time of the conduct in question, is in a dating relationship with the actor who also is an adult or
who, within the twelve months preceding the conduct in question, has had a dating relationship with
the actor who also is an adult.
(G) "Actor" means a person who attempts to cause or causes bodily injury to another, or
places another by threat of force in fear of imminent physical harm.

SECTION 2. That existing sections 109.42, 2151.34, 2903.214, 2919.26, 3113.31, and 3113.33
of the Revised Code are hereby repealed.

SECTION 3. Sections 2151.34, 2903.214, and 2919.26 of the Revised Code are presented in this
act as composites of the sections as amended by both Sub. H.B. 309 and Am. Sub. S.B. 177 of the
130th General Assembly. The General Assembly, applying the principle stated in division (B) of
section 1.52 of the Revised Code that amendments are to be harmonized if reasonably capable of
simultaneous operation, finds that the composites are the resulting versions of the sections in effect
prior to the effective date of the sections as presented in this act.
Sub. H. B. No. 1 132nd G.A.
31

Speaker ___________________ of the House of Representatives.

President ___________________ of the Senate.

Passed ________________________, 20____

Approved ________________________, 20____

Governor.
Sub. H. B. No. 1 132nd G.A.
32

The section numbering of law of a general and permanent nature is

Director, Legislative Service Commission.

Filed in the office of the Secretary of State at Columbus, Ohio, on the ____
day of ___________, A. D. 20____.

Secretary of State.

File No. _________ Effective Date ___________________