Bill Text: OH HB309 | 2013-2014 | 130th General Assembly | Comm Sub

Ohio House Bill 309 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: To prohibit the taxation of interpreter's fees as court costs if the party to be taxed is indigent and require payment of the fees by the county or municipal corporation in which the court is located, to eliminate the requirement that a court evaluate the qualifications of an interpreter for a mentally retarded or developmentally disabled person before appointing the interpreter, and to provide that no fee, cost, deposit, or money may be charged to a person who seeks a protection order for the modification, enforcement, dismissal, or withdrawal of a domestic violence, anti-stalking, sexually oriented offense, or other type of protection order or consent agreement or for the service of a witness subpoena.

Spectrum: Bipartisan Bill

Status: (Passed) 2014-09-17 - Effective Date [HB309 Detail]

Download: Ohio-2013-HB309-Comm_Sub.html

As Reported by the House Judiciary Committee

130th General Assembly

Regular Session

2013-2014

Sub. H. B. No. 309

Representatives Pelanda, Antonio

Cosponsors: Representatives Ruhl, Barborak, Gonzales, Ramos, Sheehy, Maag, Cera, Heard, Lundy, Hagan, R., Fedor, Phillips, Williams, Ashford, Grossman, Celebrezze, Reece, Scherer, O'Brien, Stinziano

A BILL

To amend sections 2151.34, 2301.14, 2303.201,

2311.14, 2335.09, 2335.11, 2903.213, 2903.214,

2919.26, 2919.272, and 3113.31 of the Revised Code

to prohibit the taxation of interpreter's fees as

court costs if the party to be taxed is indigent

and require payment of the fees by the legislative

authority of the court, to eliminate the

requirement that a court of common pleas evaluate

the qualifications of an interpreter for a

mentally retarded or developmentally disabled

person before appointing the interpreter, to

provide that no fee, cost, deposit, or money may

be charged to a person who seeks a protection

order for the modification, enforcement,

dismissal, or withdrawal of a domestic violence,

anti-stalking, sexually oriented offense, or other

type of protection order or consent agreement or

for the service of a witness subpoena, and to

remove certain exemptions from the collection of

additional filing fees for civil actions.

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

Section 1. That sections 2151.34, 2301.14, 2303.201, 2311.14,	21
2335.09, 2335.11, 2903.213, 2903.214, 2919.26, 2919.272, and	22
3113.31 of the Revised Code be amended to read as follows:	23

Sec. 2151.34. (A) As used in this section:

(1) "Court" means the juvenile division of the court of	25
common pleas of the county in which the person to be protected by	26
the protection order resides.	27

(2) "Victim advocate" means a person who provides support and	28
assistance for a person who files a petition under this section.	29

(3) "Family or household member" has the same meaning as in	30
section 3113.31 of the Revised Code.	31

(4) "Protection order issued by a court of another state" has	32
the same meaning as in section 2919.27 of the Revised Code.	33

(5) "Petitioner" means a person who files a petition under	34
this section and includes a person on whose behalf a petition	35
under this section is filed.	36

(6) "Respondent" means a person who is under eighteen years	37
of age and against whom a petition is filed under this section.	38

(7) "Sexually oriented offense" has the same meaning as in	39
section 2950.01 of the Revised Code.	40

(8) "Electronic monitoring" has the same meaning as in	41
section 2929.01 of the Revised Code.	42

(B) The court has jurisdiction over all proceedings under	43
this section.	44

(C)(1) Any of the following persons may seek relief under	45
this section by filing a petition with the court:	46

(a) Any person on behalf of that person;

(b) Any parent or adult family or household member on behalf	48
of any other family or household member;	49

(c) Any person who is determined by the court in its	50
discretion as an appropriate person to seek relief under this	51
section on behalf of any child.	52

(2) The petition shall contain or state all of the following:

(a) An allegation that the respondent engaged in a violation	54
of section 2903.11, 2903.12, 2903.13, 2903.21, 2903.211, 2903.22,	55
or 2911.211 of the Revised Code, committed a sexually oriented	56
offense, or engaged in a violation of any municipal ordinance that	57
is substantially equivalent to any of those offenses against the	58
person to be protected by the protection order, including a	59
description of the nature and extent of the violation;	60

(b) If the petitioner seeks relief in the form of electronic	61
monitoring of the respondent, an allegation that at any time	62
preceding the filing of the petition the respondent engaged in	63
conduct that would cause a reasonable person to believe that the	64
health, welfare, or safety of the person to be protected was at	65
risk, a description of the nature and extent of that conduct, and	66
an allegation that the respondent presents a continuing danger to	67
the person to be protected;	68

(3) The court in its discretion may determine whether or not	70
to give notice that a petition has been filed under division	71
(C)(1) of this section on behalf of a child to any of the	72
following:	73

(a) A parent of the child if the petition was filed by any	74
person other than a parent of the child;	75

(b) Any person who is determined by the court to be an	76
appropriate person to receive notice of the filing of the	77
petition.	78

(D)(1) If a person who files a petition pursuant to this	79
section requests an ex parte order, the court shall hold an ex	80
parte hearing as soon as possible after the petition is filed, but	81
not later than the next day after the court is in session after	82
the petition is filed. The court, for good cause shown at the ex	83
parte hearing, may enter any temporary orders, with or without	84
bond, that the court finds necessary for the safety and protection	85
of the person to be protected by the order. Immediate and present	86
danger to the person to be protected by the protection order	87
constitutes good cause for purposes of this section. Immediate and	88
present danger includes, but is not limited to, situations in	89
which the respondent has threatened the person to be protected by	90
the protection order with bodily harm or in which the respondent	91
previously has been convicted of, pleaded guilty to, or been	92
adjudicated a delinquent child for committing a violation of	93
section 2903.11, 2903.12, 2903.13, 2903.21, 2903.211, 2903.22, or	94
2911.211 of the Revised Code, a sexually oriented offense, or a	95
violation of any municipal ordinance that is substantially	96
equivalent to any of those offenses against the person to be	97
protected by the protection order.	98

(2)(a) If the court, after an ex parte hearing, issues a	99
protection order described in division (E) of this section, the	100
court shall schedule a full hearing for a date that is within ten	101
court days after the ex parte hearing. The court shall give the	102
respondent notice of, and an opportunity to be heard at, the full	103
hearing. The court also shall give notice of the full hearing to	104
the parent, guardian, or legal custodian of the respondent. The	105
court shall hold the full hearing on the date scheduled under this	106
division unless the court grants a continuance of the hearing in	107
accordance with this division. Under any of the following	108
circumstances or for any of the following reasons, the court may	109
grant a continuance of the full hearing to a reasonable time	110
determined by the court:	111

(i) Prior to the date scheduled for the full hearing under	112
this division, the respondent has not been served with the	113
petition filed pursuant to this section and notice of the full	114
hearing.	115

(ii) The parties consent to the continuance.

116

(iii) The continuance is needed to allow a party to obtain	117
counsel.	118

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

119

(b) An ex parte order issued under this section does not	120
expire because of a failure to serve notice of the full hearing	121
upon the respondent before the date set for the full hearing under	122
division (D)(2)(a) of this section or because the court grants a	123
continuance under that division.	124

(3) If a person who files a petition pursuant to this section	125
does not request an ex parte order, or if a person requests an ex	126
parte order but the court does not issue an ex parte order after	127
an ex parte hearing, the court shall proceed as in a normal civil	128
action and grant a full hearing on the matter.	129

(E)(1)(a) After an ex parte or full hearing, the court may	130
issue any protection order, with or without bond, that contains	131
terms designed to ensure the safety and protection of the person	132
to be protected by the protection order.	133

(b) After a full hearing, if the court considering a petition	134
that includes an allegation of the type described in division	135
(C)(2)(b) of this section or the court, upon its own motion, finds	136
upon clear and convincing evidence that the petitioner reasonably	137
believed that the respondent's conduct at any time preceding the	138
filing of the petition endangered the health, welfare, or safety	139
of the person to be protected and that the respondent presents a	140
continuing danger to the person to be protected and if division	141
(N) of this section does not prohibit the issuance of an order	142
that the respondent be electronically monitored, the court may	143
order that the respondent be electronically monitored for a period	144
of time and under the terms and conditions that the court	145
determines are appropriate. Electronic monitoring shall be in	146
addition to any other relief granted to the petitioner.	147

(2)(a) Any protection order issued pursuant to this section	148
shall be valid until a date certain but not later than the date	149
the respondent attains nineteen years of age.	150

(b) Any protection order issued pursuant to this section may	151
be renewed in the same manner as the original order was issued.	152

(3) A court may not issue a protection order that requires a	153
petitioner to do or to refrain from doing an act that the court	154
may require a respondent to do or to refrain from doing under	155
division (E)(1) of this section unless all of the following apply:	156

(a) The respondent files a separate petition for a protection	157
order in accordance with this section.	158

(b) The petitioner is served with notice of the respondent's	159
petition at least forty-eight hours before the court holds a	160
hearing with respect to the respondent's petition, or the	161
petitioner waives the right to receive this notice.	162

(c) If the petitioner has requested an ex parte order	163
pursuant to division (D) of this section, the court does not delay	164
any hearing required by that division beyond the time specified in	165
that division in order to consolidate the hearing with a hearing	166
on the petition filed by the respondent.	167

(d) After a full hearing at which the respondent presents	168
evidence in support of the request for a protection order and the	169
petitioner is afforded an opportunity to defend against that	170
evidence, the court determines that the petitioner has committed a	171
violation of section 2903.11, 2903.12, 2903.13, 2903.21, 2903.211,	172
2903.22, or 2911.211 of the Revised Code, a sexually oriented	173
offense, or a violation of any municipal ordinance that is	174
substantially equivalent to any of those offenses against the	175
person to be protected by the protection order issued pursuant to	176
division (E)(3) of this section, or has violated a protection	177
order issued pursuant to this section or section 2903.213 of the	178
Revised Code relative to the person to be protected by the	179
protection order issued pursuant to division (E)(3) of this	180
section.	181

(4) No protection order issued pursuant to this section shall	182
in any manner affect title to any real property.	183

(5)(a) A protection order issued under this section shall	184
clearly state that the person to be protected by the order cannot	185
waive or nullify by invitation or consent any requirement in the	186
order.	187

(b) Division (E)(5)(a) of this section does not limit any	188
discretion of a court to determine that a respondent alleged to	189
have violated section 2919.27 of the Revised Code, violated a	190
municipal ordinance substantially equivalent to that section, or	191
committed contempt of court, which allegation is based on an	192
alleged violation of a protection order issued under this section,	193
did not commit the violation or was not in contempt of court.	194

(6) Any protection order issued pursuant to this section	195
shall include a provision that the court will automatically seal	196
all of the records of the proceeding in which the order is issued	197
on the date the respondent attains the age of nineteen years	198
unless the petitioner provides the court with evidence that the	199
respondent has not complied with all of the terms of the	200
protection order. The protection order shall specify the date when	201
the respondent attains the age of nineteen years.	202

(F)(1) The court shall cause the delivery of a copy of any	203
protection order that is issued under this section to the	204
petitioner, to the respondent, and to all law enforcement agencies	205
that have jurisdiction to enforce the order. The court shall	206
direct that a copy of the order be delivered to the respondent and	207
the parent, guardian, or legal custodian of the respondent on the	208
same day that the order is entered.	209

(2) Upon the issuance of a protection order under this	210
section, the court shall provide the parties to the order with the	211
following notice orally or by form:	212

"NOTICE	213

As a result of this order, it may be unlawful for you to	214
possess or purchase a firearm, including a rifle, pistol, or	215
revolver, or ammunition pursuant to federal law under 18 U.S.C.	216
922(g)(8). If you have any questions whether this law makes it	217
illegal for you to possess or purchase a firearm or ammunition,	218
you should consult an attorney."	219

(3) All law enforcement agencies shall establish and maintain	220
an index for the protection orders delivered to the agencies	221
pursuant to division (F)(1) of this section. With respect to each	222
order delivered, each agency shall note on the index the date and	223
time that it received the order.	224

(4) Regardless of whether the petitioner has registered the	225
protection order in the county in which the officer's agency has	226
jurisdiction pursuant to division (M) of this section, any officer	227
of a law enforcement agency shall enforce a protection order	228
issued pursuant to this section by any court in this state in	229
accordance with the provisions of the order, including removing	230
the respondent from the premises, if appropriate.	231

(G) Any proceeding under this section shall be conducted in	232
accordance with the Rules of Civil Procedure, except that a	233
protection order may be obtained under this section with or	234
without bond. An order issued under this section, other than an ex	235
parte order, that grants a protection order, or that refuses to	236
grant a protection order, is a final, appealable order. The	237
remedies and procedures provided in this section are in addition	238
to, and not in lieu of, any other available civil or criminal	239
remedies or any other available remedies under Chapter 2151. or	240
2152. of the Revised Code.	241

(H) The filing of proceedings under this section does not	242
excuse a person from filing any report or giving any notice	243
required by section 2151.421 of the Revised Code or by any other	244
law.	245

(I) Any law enforcement agency that investigates an alleged	246
violation of section 2903.11, 2903.12, 2903.13, 2903.21, 2903.211,	247
2903.22, or 2911.211 of the Revised Code, an alleged commission of	248
a sexually oriented offense, or an alleged violation of a	249
municipal ordinance that is substantially equivalent to any of	250
those offenses shall provide information to the victim and the	251
family or household members of the victim regarding the relief	252
available under this section.	253

(J) ~~Notwithstanding any provision of law to the contrary~~(1)	254
Subject to division (J)(2) of this section and regardless of	255
whether a protection order is issued or a consent agreement is	256
approved by a court of another county or by a court of another	257
state, no court or unit of state or local government shall charge	258
the petitioner any fee, cost, deposit, or money in connection with	259
the filing of a petition pursuant to this section, in connection	260
with the filing, issuance, registration, modification,	261
enforcement, dismissal, withdrawal, or service of a protection	262
order or, consent agreement, or witness subpoena or for obtaining	263
a certified copy of a protection order or consent agreement.	264

(2) Regardless of whether a protection order is issued or 8 a	265
consent agreement is approved pursuant to this section, the 9	266
court may assess costs against the respondent in connection with	267
10 the filing, issuance, registration, modification, enforcement,	268
11 dismissal, withdrawal, or service of a protection order,	269
consent 12 agreement, or witness subpoena or for obtaining a	270
certified copy 13 of a protection order or consent agreement.	271

(K)(1) A person who violates a protection order issued under	272
this section is subject to the following sanctions:	273

(a) A delinquent child proceeding or a criminal prosecution	274
for a violation of section 2919.27 of the Revised Code, if the	275
violation of the protection order constitutes a violation of that	276
section;	277

(b) Punishment for contempt of court.

278

(2) The punishment of a person for contempt of court for	279
violation of a protection order issued under this section does not	280
bar criminal prosecution of the person or a delinquent child	281
proceeding concerning the person for a violation of section	282
2919.27 of the Revised Code. However, a person punished for	283
contempt of court is entitled to credit for the punishment imposed	284
upon conviction of or adjudication as a delinquent child for a	285
violation of that section, and a person convicted of or	286
adjudicated a delinquent child for a violation of that section	287
shall not subsequently be punished for contempt of court arising	288
out of the same activity.	289

(L) In all stages of a proceeding under this section, a	290
petitioner may be accompanied by a victim advocate.	291

(M)(1) A petitioner who obtains a protection order under this	292
section may provide notice of the issuance or approval of the	293
order to the judicial and law enforcement officials in any county	294
other than the county in which the order is issued by registering	295
that order in the other county pursuant to division (M)(2) of this	296
section and filing a copy of the registered order with a law	297
enforcement agency in the other county in accordance with that	298
division. A person who obtains a protection order issued by a	299
court of another state may provide notice of the issuance of the	300
order to the judicial and law enforcement officials in any county	301
of this state by registering the order in that county pursuant to	302
section 2919.272 of the Revised Code and filing a copy of the	303
registered order with a law enforcement agency in that county.	304

(2) A petitioner may register a protection order issued	305
pursuant to this section in a county other than the county in	306
which the court that issued the order is located in the following	307
manner:	308

(a) The petitioner shall obtain a certified copy of the order	309
from the clerk of the court that issued the order and present that	310
certified copy to the clerk of the court of common pleas or the	311
clerk of a municipal court or county court in the county in which	312
the order is to be registered.	313

(b) Upon accepting the certified copy of the order for	314
registration, the clerk of the court of common pleas, municipal	315
court, or county court shall place an endorsement of registration	316
on the order and give the petitioner a copy of the order that	317
bears that proof of registration.	318

(3) The clerk of each court of common pleas, municipal court,	319
or county court shall maintain a registry of certified copies of	320
protection orders that have been issued by courts in other	321
counties pursuant to this section and that have been registered	322
with the clerk.	323

(N) If the court orders electronic monitoring of the	324
respondent under this section, the court shall direct the	325
sheriff's office or any other appropriate law enforcement agency	326
to install the electronic monitoring device and to monitor the	327
respondent. Unless the court determines that the respondent is	328
indigent, the court shall order the respondent to pay the cost of	329
the installation and monitoring of the electronic monitoring	330
device. If the court determines that the respondent is indigent	331
and subject to the maximum amount allowable to be paid in any year	332
from the fund and the rules promulgated by the attorney general	333
under section 2903.214 of the Revised Code, the cost of the	334
installation and monitoring of the electronic monitoring device	335
may be paid out of funds from the reparations fund created	336
pursuant to section 2743.191 of the Revised Code. The total amount	337
paid from the reparations fund created pursuant to section	338
2743.191 of the Revised Code for electronic monitoring under this	339
section and sections 2903.214 and 2919.27 of the Revised Code	340
shall not exceed three hundred thousand dollars per year. When the	341
total amount paid from the reparations fund in any year for	342
electronic monitoring under those sections equals or exceeds three	343
hundred thousand dollars, the court shall not order pursuant to	344
this section that an indigent respondent be electronically	345
monitored.	346

(O) The court, in its discretion, may determine if the	347
respondent is entitled to court-appointed counsel in a proceeding	348
under this section.	349

Sec. 2301.14. The clerk of the court of common pleas in	350
which the service of a court interpreter is rendered shall tax in	351
the cost bill in such case, to be collected as other costs, the	352
sum of three dollars for each day of service of such interpreter,	353
which fees shall be paid into the county treasury to the credit of	354
the county fund. If the party taxed with costs is indigent, the	355
clerk shall not tax the interpreter's fees as costs, and the	356
county shall pay the interpreter's fees.	357

Sec. 2303.201. (A)(1) The court of common pleas of any	358
county may determine that for the efficient operation of the court	359
additional funds are required to computerize the court, to make	360
available computerized legal research services, or to do both.	361
Upon making a determination that additional funds are required for	362
either or both of those purposes, the court shall authorize and	363
direct the clerk of the court of common pleas to charge one	364
additional fee, not to exceed six dollars, on the filing of each	365
cause of action or appeal under divisions (A), (Q), and (U) of	366
section 2303.20 of the Revised Code.	367

(2) All fees collected under division (A)(1) of this section	368
shall be paid to the county treasurer. The treasurer shall place	369
the funds from the fees in a separate fund to be disbursed either	370
upon an order of the court, subject to an appropriation by the	371
board of county commissioners, or upon an order of the court,	372
subject to the court making an annual report available to the	373
public listing the use of all such funds, in an amount not greater	374
than the actual cost to the court of procuring and maintaining	375
computerization of the court, computerized legal research	376
services, or both.	377

(3) If the court determines that the funds in the fund	378
described in division (A)(2) of this section are more than	379
sufficient to satisfy the purpose for which the additional fee	380
described in division (A)(1) of this section was imposed, the	381
court may declare a surplus in the fund and, subject to an	382
appropriation by the board of county commissioners, expend those	383
surplus funds, or upon an order of the court, subject to the court	384
making an annual report available to the public listing the use of	385
all such funds, expend those surplus funds, for other appropriate	386
technological expenses of the court.	387

(B)(1) The court of common pleas of any county may determine	388
that, for the efficient operation of the court, additional funds	389
are required to make technological advances in or to computerize	390
the office of the clerk of the court of common pleas and, upon	391
that determination, authorize and direct the clerk of the court of	392
common pleas to charge an additional fee, not to exceed twenty	393
dollars, on the filing of each cause of action or appeal, on the	394
filing, docketing, and endorsing of each certificate of judgment,	395
or on the docketing and indexing of each aid in execution or	396
petition to vacate, revive, or modify a judgment under divisions	397
(A), (P), (Q), (T), and (U) of section 2303.20 of the Revised Code	398
and not to exceed one dollar each for the services described in	399
divisions (B), (C), (D), (F), (H), and (L) of section 2303.20 of	400
the Revised Code. Subject to division (B)(2) of this section, all	401
moneys collected under division (B)(1) of this section shall be	402
paid to the county treasurer to be disbursed, upon an order of the	403
court of common pleas and subject to appropriation by the board of	404
county commissioners, in an amount no greater than the actual cost	405
to the court of procuring and maintaining technology and computer	406
systems for the office of the clerk of the court of common pleas.	407

(2) If the court of common pleas of a county makes the	408
determination described in division (B)(1) of this section, the	409
board of county commissioners of that county may issue one or more	410
general obligation bonds for the purpose of procuring and	411
maintaining the technology and computer systems for the office of	412
the clerk of the court of common pleas. In addition to the	413
purposes stated in division (B)(1) of this section for which the	414
moneys collected under that division may be expended, the moneys	415
additionally may be expended to pay debt charges on and financing	416
costs related to any general obligation bonds issued pursuant to	417
division (B)(2) of this section as they become due. General	418
obligation bonds issued pursuant to division (B)(2) of this	419
section are Chapter 133. securities.	420

(C) The court of common pleas shall collect the sum of	421
twenty-six dollars as additional filing fees in each new civil	422
action or proceeding for the charitable public purpose of	423
providing financial assistance to legal aid societies that operate	424
within the state and to support the office of the state public	425
defender. This division does not apply ~~to proceedings concerning~~	426
~~annulments, dissolutions of marriage, divorces, legal separation,~~	427
~~spousal support, marital property or separate property~~	428
~~distribution, support, or other domestic relations matters;~~ to a	429
juvenile division of a court of common pleas, except that an	430
additional filing fee of fifteen dollars shall apply to custody,	431
visitation, and parentage actions; to a probate division of a	432
court of common pleas, except that the additional filing fees	433
shall apply to name change, guardianship, adoption, and decedents'	434
estate proceedings; or to an execution on a judgment, proceeding	435
in aid of execution, or other post-judgment proceeding arising out	436
of a civil action. The filing fees required to be collected under	437
this division shall be in addition to any other filing fees	438
imposed in the action or proceeding and shall be collected at the	439
time of the filing of the action or proceeding. The court shall	440
not waive the payment of the additional filing fees in a new civil	441
action or proceeding unless the court waives the advanced payment	442
of all filing fees in the action or proceeding. All such moneys	443
collected during a month except for an amount equal to up to one	444
per cent of those moneys retained to cover administrative costs	445
shall be transmitted on or before the twentieth day of the	446
following month by the clerk of the court to the treasurer of	447
state in a manner prescribed by the treasurer of state or by the	448
Ohio legal assistance foundation. The treasurer of state shall	449
deposit four per cent of the funds collected under this division	450
to the credit of the civil case filing fee fund established under	451
section 120.07 of the Revised Code and ninety-six per cent of the	452
funds collected under this division to the credit of the legal aid	453
fund established under section 120.52 of the Revised Code.	454

The court may retain up to one per cent of the moneys it	455
collects under this division to cover administrative costs,	456
including the hiring of any additional personnel necessary to	457
implement this division. If the court fails to transmit to the	458
treasurer of state the moneys the court collects under this	459
division in a manner prescribed by the treasurer of state or by	460
the Ohio legal assistance foundation, the court shall forfeit the	461
moneys the court retains under this division to cover	462
administrative costs, including the hiring of any additional	463
personnel necessary to implement this division, and shall transmit	464
to the treasurer of state all moneys collected under this	465
division, including the forfeited amount retained for	466
administrative costs, for deposit in the legal aid fund.	467

(D) On and after the thirtieth day after December 9, 1994,	468
the court of common pleas shall collect the sum of thirty-two	469
dollars as additional filing fees in each new action or proceeding	470
for annulment, divorce, or dissolution of marriage for the purpose	471
of funding shelters for victims of domestic violence pursuant to	472
sections 3113.35 to 3113.39 of the Revised Code. The filing fees	473
required to be collected under this division shall be in addition	474
to any other filing fees imposed in the action or proceeding and	475
shall be collected at the time of the filing of the action or	476
proceeding. The court shall not waive the payment of the	477
additional filing fees in a new action or proceeding for	478
annulment, divorce, or dissolution of marriage unless the court	479
waives the advanced payment of all filing fees in the action or	480
proceeding. On or before the twentieth day of each month, all	481
moneys collected during the immediately preceding month pursuant	482
to this division shall be deposited by the clerk of the court into	483
the county treasury in the special fund used for deposit of	484
additional marriage license fees as described in section 3113.34	485
of the Revised Code. Upon their deposit into the fund, the moneys	486
shall be retained in the fund and expended only as described in	487
section 3113.34 of the Revised Code.	488

(E)(1) The court of common pleas may determine that, for the	489
efficient operation of the court, additional funds are necessary	490
to acquire and pay for special projects of the court, including,	491
but not limited to, the acquisition of additional facilities or	492
the rehabilitation of existing facilities, the acquisition of	493
equipment, the hiring and training of staff, community service	494
programs, mediation or dispute resolution services, the employment	495
of magistrates, the training and education of judges, acting	496
judges, and magistrates, and other related services. Upon that	497
determination, the court by rule may charge a fee, in addition to	498
all other court costs, on the filing of each criminal cause, civil	499
action or proceeding, or judgment by confession.	500

If the court of common pleas offers or requires a special	501
program or additional services in cases of a specific type, the	502
court by rule may assess an additional charge in a case of that	503
type, over and above court costs, to cover the special program or	504
service. The court shall adjust the special assessment	505
periodically, but not retroactively, so that the amount assessed	506
in those cases does not exceed the actual cost of providing the	507
service or program.	508

All moneys collected under division (E) of this section shall	509
be paid to the county treasurer for deposit into either a general	510
special projects fund or a fund established for a specific special	511
project. Moneys from a fund of that nature shall be disbursed upon	512
an order of the court, subject to an appropriation by the board of	513
county commissioners, in an amount no greater than the actual cost	514
to the court of a project. If a specific fund is terminated	515
because of the discontinuance of a program or service established	516
under division (E) of this section, the court may order, subject	517
to an appropriation by the board of county commissioners, that	518
moneys remaining in the fund be transferred to an account	519
established under this division for a similar purpose.	520

(2) As used in division (E) of this section:

521

(a) "Criminal cause" means a charge alleging the violation of	522
a statute or ordinance, or subsection of a statute or ordinance,	523
that requires a separate finding of fact or a separate plea before	524
disposition and of which the defendant may be found guilty,	525
whether filed as part of a multiple charge on a single summons,	526
citation, or complaint or as a separate charge on a single	527
summons, citation, or complaint. "Criminal cause" does not include	528
separate violations of the same statute or ordinance, or	529
subsection of the same statute or ordinance, unless each charge is	530
filed on a separate summons, citation, or complaint.	531

(b) "Civil action or proceeding" means any civil litigation	532
that must be determined by judgment entry.	533

Sec. 2311.14. (A)(1) Whenever because of a hearing, speech,	534
or other impairment a party to or witness in a legal proceeding	535
cannot readily understand or communicate, the court shall appoint	536
a qualified interpreter to assist such person. ~~Before appointing~~	537
~~any interpreter under this division for a party or witness who is~~	538
~~a mentally retarded person or developmentally disabled person, the~~	539
~~court shall evaluate the qualifications of the interpreter and~~	540
~~shall make a determination as to the ability of the interpreter to~~	541
~~effectively interpret on behalf of the party or witness that the~~	542
~~interpreter will assist, and the court may appoint the interpreter~~	543
~~only if the court is satisfied that the interpreter is able to~~	544
~~effectively interpret on behalf of that party or witness.~~	545

(2) This section is not limited to a person who speaks a	546
language other than English. It also applies to the language and	547
descriptions of any mentally retarded person or developmentally	548
disabled person who cannot be reasonably understood, or who cannot	549
understand questioning, without the aid of an interpreter. The	550
interpreter may aid the parties in formulating methods of	551
questioning the person with mental retardation or a developmental	552
disability and in interpreting the answers of the person.	553

(B) Before entering upon official duties, the interpreter	554
shall take an oath that the interpreter will make a true	555
interpretation of the proceedings to the party or witness, and	556
that the interpreter will truly repeat the statements made by such	557
party or witness to the court, to the best of the interpreter's	558
ability. If the interpreter is appointed to assist a mentally	559
retarded person or developmentally disabled person as described in	560
division (A)(2) of this section, the oath also shall include an	561
oath that the interpreter will not prompt, lead, suggest, or	562
otherwise improperly influence the testimony of the witness or	563
party.	564

(C) The court shall determine a reasonable fee for all such	565
interpreter service which shall be paid out of the same funds as	566
witness fees. If the party taxed with costs is indigent, the court	567
shall not tax the interpreter's fees as costs, and the county	568
shall pay the interpreter's fees.	569

(D) As used in this section, "mentally retarded person" and	570
"developmentally disabled person" have the same meanings as in	571
section 5123.01 of the Revised Code.	572

Sec. 2335.09. Whenever, in any criminal proceeding or	573
prosecution for the violation of an ordinance, or in a hearing	574
before a coroner, an interpreter is necessary, the judge,	575
magistrate, or coroner may appoint interpreters, who shall receive	576
fees as witnesses in the case or proceeding. Such fees shall be	577
taxed and paid as provided by sections 2335.05 to 2335.08,	578
~~inclusive,~~ of the Revised Code for other witness fees. If the	579
party taxed with costs is indigent, interpreter's fees shall not	580
be taxed as costs, and the legislative authority of the court	581
shall pay the interpreter's fees. This section shall not apply if,	582
by law, an interpreter is otherwise provided.	583

Sec. 2335.11. In felony cases in which the defendant is	584
convicted, the fees of the various magistrates and their officers,	585
the witness fees, and interpreter's fees shall be inserted in the	586
judgment of conviction and, when collected shall be disbursed by	587
the clerk of the court of common pleas to the persons entitled	588
thereto. In minor state cases, which have come to the court of	589
common pleas through such magistrate's courts, the fees enumerated	590
by this section shall be inserted in the judgment of conviction	591
and, when collected shall be disbursed by the clerk to the persons	592
entitled thereto. In both felonies and minor state cases, such	593
clerk shall pay the witness and interpreter's fees into the county	594
treasury, monthly.	595

If the defendant is indigent, the interpreter's fees shall	596
not be inserted in the judgment of conviction, and the county	597
shall pay the interpreter's fees.	598

In all cases in which recognizances are taken, forfeited, and	599
collected, the amount recovered shall be paid into the county	600
treasury, and if no conviction is had, such costs shall be paid by	601
the county upon the allowance of the county auditor.	602

Sec. 2903.213. (A) Except when the complaint involves a	603
person who is a family or household member as defined in section	604
2919.25 of the Revised Code, upon the filing of a complaint that	605
alleges a violation of section 2903.11, 2903.12, 2903.13, 2903.21,	606
2903.211, 2903.22, or 2911.211 of the Revised Code, a violation of	607
a municipal ordinance substantially similar to section 2903.13,	608
2903.21, 2903.211, 2903.22, or 2911.211 of the Revised Code, or	609
the commission of a sexually oriented offense, the complainant,	610
the alleged victim, or a family or household member of an alleged	611
victim may file a motion that requests the issuance of a	612
protection order as a pretrial condition of release of the alleged	613
offender, in addition to any bail set under Criminal Rule 46. The	614
motion shall be filed with the clerk of the court that has	615
jurisdiction of the case at any time after the filing of the	616
complaint. If the complaint involves a person who is a family or	617
household member, the complainant, the alleged victim, or the	618
family or household member may file a motion for a temporary	619
protection order pursuant to section 2919.26 of the Revised Code.	620

(B) A motion for a protection order under this section shall	621
be prepared on a form that is provided by the clerk of the court,	622
and the form shall be substantially as follows:	623

"Motion for Protection Order	624

............................	625

Name and address of court	626

State of Ohio	627

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

628

.............................	629

Name of Defendant	630

(Name of person), moves the court to issue a protection order	631
containing terms designed to ensure the safety and protection of	632
the complainant or the alleged victim in the above-captioned case,	633
in relation to the named defendant, pursuant to its authority to	634
issue a protection order under section 2903.213 of the Revised	635
Code.	636

A complaint, a copy of which has been attached to this	637
motion, has been filed in this court charging the named defendant	638
with a violation of section 2903.11, 2903.12, 2903.13, 2903.21,	639
2903.211, 2903.22, or 2911.211 of the Revised Code, a violation of	640
a municipal ordinance substantially similar to section 2903.13,	641
2903.21, 2903.211, 2903.22, or 2911.211 of the Revised Code, or	642
the commission of a sexually oriented offense.	643

I understand that I must appear before the court, at a time	644
set by the court not later than the next day that the court is in	645
session after the filing of this motion, for a hearing on the	646
motion, and that any protection order granted pursuant to this	647
motion is a pretrial condition of release and is effective only	648
until the disposition of the criminal proceeding arising out of	649
the attached complaint or until the issuance under section	650
2903.214 of the Revised Code of a protection order arising out of	651
the same activities as those that were the basis of the attached	652
complaint.	653

.....................................	654

Signature of person	655

.....................................	656

Address of person"	657

(C)(1) As soon as possible after the filing of a motion that	658
requests the issuance of a protection order under this section,	659
but not later than the next day that the court is in session after	660
the filing of the motion, the court shall conduct a hearing to	661
determine whether to issue the order. The person who requested the	662
order shall appear before the court and provide the court with the	663
information that it requests concerning the basis of the motion.	664
If the court finds that the safety and protection of the	665
complainant or the alleged victim may be impaired by the continued	666
presence of the alleged offender, the court may issue a protection	667
order under this section, as a pretrial condition of release, that	668
contains terms designed to ensure the safety and protection of the	669
complainant or the alleged victim, including a requirement that	670
the alleged offender refrain from entering the residence, school,	671
business, or place of employment of the complainant or the alleged	672
victim.	673

(2)(a) If the court issues a protection order under this	674
section that includes a requirement that the alleged offender	675
refrain from entering the residence, school, business, or place of	676
employment of the complainant or the alleged victim, the order	677
shall clearly state that the order cannot be waived or nullified	678
by an invitation to the alleged offender from the complainant, the	679
alleged victim, or a family or household member to enter the	680
residence, school, business, or place of employment or by the	681
alleged offender's entry into one of those places otherwise upon	682
the consent of the complainant, the alleged victim, or a family or	683
household member.	684

(b) Division (C)(2)(a) of this section does not limit any	685
discretion of a court to determine that an alleged offender	686
charged with a violation of section 2919.27 of the Revised Code,	687
with a violation of a municipal ordinance substantially equivalent	688
to that section, or with contempt of court, which charge is based	689
on an alleged violation of a protection order issued under this	690
section, did not commit the violation or was not in contempt of	691
court.	692

(D)(1) Except when the complaint involves a person who is a	693
family or household member as defined in section 2919.25 of the	694
Revised Code, upon the filing of a complaint that alleges a	695
violation specified in division (A) of this section, the court,	696
upon its own motion, may issue a protection order under this	697
section as a pretrial condition of release of the alleged offender	698
if it finds that the safety and protection of the complainant or	699
the alleged victim may be impaired by the continued presence of	700
the alleged offender.	701

(2) If the court issues a protection order under this section	702
as an ex parte order, it shall conduct, as soon as possible after	703
the issuance of the order but not later than the next day that the	704
court is in session after its issuance, a hearing to determine	705
whether the order should remain in effect, be modified, or be	706
revoked. The hearing shall be conducted under the standards set	707
forth in division (C) of this section.	708

(3) If a municipal court or a county court issues a	709
protection order under this section and if, subsequent to the	710
issuance of the order, the alleged offender who is the subject of	711
the order is bound over to the court of common pleas for	712
prosecution of a felony arising out of the same activities as	713
those that were the basis of the complaint upon which the order is	714
based, notwithstanding the fact that the order was issued by a	715
municipal court or county court, the order shall remain in effect,	716
as though it were an order of the court of common pleas, while the	717
charges against the alleged offender are pending in the court of	718
common pleas, for the period of time described in division (E)(2)	719
of this section, and the court of common pleas has exclusive	720
jurisdiction to modify the order issued by the municipal court or	721
county court. This division applies when the alleged offender is	722
bound over to the court of common pleas as a result of the person	723
waiving a preliminary hearing on the felony charge, as a result of	724
the municipal court or county court having determined at a	725
preliminary hearing that there is probable cause to believe that	726
the felony has been committed and that the alleged offender	727
committed it, as a result of the alleged offender having been	728
indicted for the felony, or in any other manner.	729

(E) A protection order that is issued as a pretrial condition	730
of release under this section:	731

(1) Is in addition to, but shall not be construed as a part	732
of, any bail set under Criminal Rule 46;	733

(2) Is effective only until the disposition, by the court	734
that issued the order or, in the circumstances described in	735
division (D)(3) of this section, by the court of common pleas to	736
which the alleged offender is bound over for prosecution, of the	737
criminal proceeding arising out of the complaint upon which the	738
order is based or until the issuance under section 2903.214 of the	739
Revised Code of a protection order arising out of the same	740
activities as those that were the basis of the complaint filed	741
under this section;	742

(3) Shall not be construed as a finding that the alleged	743
offender committed the alleged offense and shall not be introduced	744
as evidence of the commission of the offense at the trial of the	745
alleged offender on the complaint upon which the order is based.	746

(F) A person who meets the criteria for bail under Criminal	747
Rule 46 and who, if required to do so pursuant to that rule,	748
executes or posts bond or deposits cash or securities as bail,	749
shall not be held in custody pending a hearing before the court on	750
a motion requesting a protection order under this section.	751

(G)(1) A copy of a protection order that is issued under this	752
section shall be issued by the court to the complainant, to the	753
alleged victim, to the person who requested the order, to the	754
defendant, and to all law enforcement agencies that have	755
jurisdiction to enforce the order. The court shall direct that a	756
copy of the order be delivered to the defendant on the same day	757
that the order is entered. If a municipal court or a county court	758
issues a protection order under this section and if, subsequent to	759
the issuance of the order, the defendant who is the subject of the	760
order is bound over to the court of common pleas for prosecution	761
as described in division (D)(3) of this section, the municipal	762
court or county court shall direct that a copy of the order be	763
delivered to the court of common pleas to which the defendant is	764
bound over.	765

(2) All law enforcement agencies shall establish and maintain	766
an index for the protection orders delivered to the agencies	767
pursuant to division (G)(1) of this section. With respect to each	768
order delivered, each agency shall note on the index the date and	769
time of the agency's receipt of the order.	770

(3) Regardless of whether the petitioner has registered the	771
protection order in the county in which the officer's agency has	772
jurisdiction, any officer of a law enforcement agency shall	773
enforce a protection order issued pursuant to this section in	774
accordance with the provisions of the order.	775

(H) Upon a violation of a protection order issued pursuant to	776
this section, the court may issue another protection order under	777
this section, as a pretrial condition of release, that modifies	778
the terms of the order that was violated.	779

(I) ~~Notwithstanding any provision of law to the contrary~~(1)	780
Subject to division (I)(2) of this section and regardless of	781
whether a protection order is issued or a consent agreement is	782
approved by a court of another county or by a court of another	783
state, no court or unit of state or local government shall charge	784
the movant any fee, cost, deposit, or money in connection with the	785
filing of a motion pursuant to this section, in connection with	786
the filing, issuance, registration, modification, enforcement,	787
dismissal, withdrawal, or service of a protection order or,	788
consent agreement, or witness subpoena or for obtaining certified	789
copies of a protection order or consent agreement.	790

(2) Regardless of whether a protection order is issued or a	791
consent agreement is approved pursuant to this section, if the	792
defendant is convicted the court may assess costs against the	793
defendant in connection with the filing, issuance, registration,	794
modification, enforcement, dismissal, withdrawal, or service of a	795
protection order, consent agreement, or witness subpoena or for	796
obtaining a certified copy of a protection order or consent	797
agreement.	798

(J) As used in this section, "sexually oriented offense" has	799
the same meaning as in section 2950.01 of the Revised Code.	800

Sec. 2903.214. (A) As used in this section:

801

(1) "Court" means the court of common pleas of the county in	802
which the person to be protected by the protection order resides.	803

(2) "Victim advocate" means a person who provides support and	804
assistance for a person who files a petition under this section.	805

(3) "Family or household member" has the same meaning as in	806
section 3113.31 of the Revised Code.	807

(4) "Protection order issued by a court of another state" has	808
the same meaning as in section 2919.27 of the Revised Code.	809

(5) "Sexually oriented offense" has the same meaning as in	810
section 2950.01 of the Revised Code.	811

(6) "Electronic monitoring" has the same meaning as in	812
section 2929.01 of the Revised Code.	813

(B) The court has jurisdiction over all proceedings under	814
this section.	815

(C) A person may seek relief under this section for the	816
person, or any parent or adult household member may seek relief	817
under this section on behalf of any other family or household	818
member, by filing a petition with the court. The petition shall	819
contain or state all of the following:	820

(1) An allegation that the respondent is eighteen years of	821
age or older and engaged in a violation of section 2903.211 of the	822
Revised Code against the person to be protected by the protection	823
order or committed a sexually oriented offense against the person	824
to be protected by the protection order, including a description	825
of the nature and extent of the violation;	826

(2) If the petitioner seeks relief in the form of electronic	827
monitoring of the respondent, an allegation that at any time	828
preceding the filing of the petition the respondent engaged in	829
conduct that would cause a reasonable person to believe that the	830
health, welfare, or safety of the person to be protected was at	831
risk, a description of the nature and extent of that conduct, and	832
an allegation that the respondent presents a continuing danger to	833
the person to be protected;	834

(3) A request for relief under this section.

835

(D)(1) If a person who files a petition pursuant to this	836
section requests an ex parte order, the court shall hold an ex	837
parte hearing as soon as possible after the petition is filed, but	838
not later than the next day that the court is in session after the	839
petition is filed. The court, for good cause shown at the ex parte	840
hearing, may enter any temporary orders, with or without bond,	841
that the court finds necessary for the safety and protection of	842
the person to be protected by the order. Immediate and present	843
danger to the person to be protected by the protection order	844
constitutes good cause for purposes of this section. Immediate and	845
present danger includes, but is not limited to, situations in	846
which the respondent has threatened the person to be protected by	847
the protection order with bodily harm or in which the respondent	848
previously has been convicted of or pleaded guilty to a violation	849
of section 2903.211 of the Revised Code or a sexually oriented	850
offense against the person to be protected by the protection	851
order.	852

(2)(a) If the court, after an ex parte hearing, issues a	853
protection order described in division (E) of this section, the	854
court shall schedule a full hearing for a date that is within ten	855
court days after the ex parte hearing. The court shall give the	856
respondent notice of, and an opportunity to be heard at, the full	857
hearing. The court shall hold the full hearing on the date	858
scheduled under this division unless the court grants a	859
continuance of the hearing in accordance with this division. Under	860
any of the following circumstances or for any of the following	861
reasons, the court may grant a continuance of the full hearing to	862
a reasonable time determined by the court:	863

(i) Prior to the date scheduled for the full hearing under	864
this division, the respondent has not been served with the	865
petition filed pursuant to this section and notice of the full	866
hearing.	867

(ii) The parties consent to the continuance.

868

(iii) The continuance is needed to allow a party to obtain	869
counsel.	870

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

871

(b) An ex parte order issued under this section does not	872
expire because of a failure to serve notice of the full hearing	873
upon the respondent before the date set for the full hearing under	874
division (D)(2)(a) of this section or because the court grants a	875
continuance under that division.	876

(3) If a person who files a petition pursuant to this section	877
does not request an ex parte order, or if a person requests an ex	878
parte order but the court does not issue an ex parte order after	879
an ex parte hearing, the court shall proceed as in a normal civil	880
action and grant a full hearing on the matter.	881

(E)(1)(a) After an ex parte or full hearing, the court may	882
issue any protection order, with or without bond, that contains	883
terms designed to ensure the safety and protection of the person	884
to be protected by the protection order, including, but not	885
limited to, a requirement that the respondent refrain from	886
entering the residence, school, business, or place of employment	887
of the petitioner or family or household member. If the court	888
includes a requirement that the respondent refrain from entering	889
the residence, school, business, or place of employment of the	890
petitioner or family or household member in the order, it also	891
shall include in the order provisions of the type described in	892
division (E)(5) of this section.	893

(b) After a full hearing, if the court considering a petition	894
that includes an allegation of the type described in division	895
(C)(2) of this section, or the court upon its own motion, finds	896
upon clear and convincing evidence that the petitioner reasonably	897
believed that the respondent's conduct at any time preceding the	898
filing of the petition endangered the health, welfare, or safety	899
of the person to be protected and that the respondent presents a	900
continuing danger to the person to be protected, the court may	901
order that the respondent be electronically monitored for a period	902
of time and under the terms and conditions that the court	903
determines are appropriate. Electronic monitoring shall be in	904
addition to any other relief granted to the petitioner.	905

(2)(a) Any protection order issued pursuant to this section	906
shall be valid until a date certain but not later than five years	907
from the date of its issuance.	908

(b) Any protection order issued pursuant to this section may	909
be renewed in the same manner as the original order was issued.	910

(3) A court may not issue a protection order that requires a	911
petitioner to do or to refrain from doing an act that the court	912
may require a respondent to do or to refrain from doing under	913
division (E)(1) of this section unless all of the following apply:	914

(a) The respondent files a separate petition for a protection	915
order in accordance with this section.	916

(b) The petitioner is served with notice of the respondent's	917
petition at least forty-eight hours before the court holds a	918
hearing with respect to the respondent's petition, or the	919
petitioner waives the right to receive this notice.	920

(c) If the petitioner has requested an ex parte order	921
pursuant to division (D) of this section, the court does not delay	922
any hearing required by that division beyond the time specified in	923
that division in order to consolidate the hearing with a hearing	924
on the petition filed by the respondent.	925

(d) After a full hearing at which the respondent presents	926
evidence in support of the request for a protection order and the	927
petitioner is afforded an opportunity to defend against that	928
evidence, the court determines that the petitioner has committed a	929
violation of section 2903.211 of the Revised Code against the	930
person to be protected by the protection order issued pursuant to	931
division (E)(3) of this section, has committed a sexually oriented	932
offense against the person to be protected by the protection order	933
issued pursuant to division (E)(3) of this section, or has	934
violated a protection order issued pursuant to section 2903.213 of	935
the Revised Code relative to the person to be protected by the	936
protection order issued pursuant to division (E)(3) of this	937
section.	938

(4) No protection order issued pursuant to this section shall	939
in any manner affect title to any real property.	940

(5)(a) If the court issues a protection order under this	941
section that includes a requirement that the alleged offender	942
refrain from entering the residence, school, business, or place of	943
employment of the petitioner or a family or household member, the	944
order shall clearly state that the order cannot be waived or	945
nullified by an invitation to the alleged offender from the	946
complainant to enter the residence, school, business, or place of	947
employment or by the alleged offender's entry into one of those	948
places otherwise upon the consent of the petitioner or family or	949
household member.	950

(b) Division (E)(5)(a) of this section does not limit any	951
discretion of a court to determine that an alleged offender	952
charged with a violation of section 2919.27 of the Revised Code,	953
with a violation of a municipal ordinance substantially equivalent	954
to that section, or with contempt of court, which charge is based	955
on an alleged violation of a protection order issued under this	956
section, did not commit the violation or was not in contempt of	957
court.	958

(F)(1) The court shall cause the delivery of a copy of any	959
protection order that is issued under this section to the	960
petitioner, to the respondent, and to all law enforcement agencies	961
that have jurisdiction to enforce the order. The court shall	962
direct that a copy of the order be delivered to the respondent on	963
the same day that the order is entered.	964

(2) Upon the issuance of a protection order under this	965
section, the court shall provide the parties to the order with the	966
following notice orally or by form:	967

"NOTICE	968

As a result of this order, it may be unlawful for you to	969
possess or purchase a firearm, including a rifle, pistol, or	970
revolver, or ammunition pursuant to federal law under 18 U.S.C.	971
922(g)(8). If you have any questions whether this law makes it	972
illegal for you to possess or purchase a firearm or ammunition,	973
you should consult an attorney."	974

(3) All law enforcement agencies shall establish and maintain	975
an index for the protection orders delivered to the agencies	976
pursuant to division (F)(1) of this section. With respect to each	977
order delivered, each agency shall note on the index the date and	978
time that it received the order.	979

(4) Regardless of whether the petitioner has registered the	980
protection order in the county in which the officer's agency has	981
jurisdiction pursuant to division (M) of this section, any officer	982
of a law enforcement agency shall enforce a protection order	983
issued pursuant to this section by any court in this state in	984
accordance with the provisions of the order, including removing	985
the respondent from the premises, if appropriate.	986

(G) Any proceeding under this section shall be conducted in	987
accordance with the Rules of Civil Procedure, except that a	988
protection order may be obtained under this section with or	989
without bond. An order issued under this section, other than an ex	990
parte order, that grants a protection order, or that refuses to	991
grant a protection order, is a final, appealable order. The	992
remedies and procedures provided in this section are in addition	993
to, and not in lieu of, any other available civil or criminal	994
remedies.	995

(H) The filing of proceedings under this section does not	996
excuse a person from filing any report or giving any notice	997
required by section 2151.421 of the Revised Code or by any other	998
law.	999

(I) Any law enforcement agency that investigates an alleged	1000
violation of section 2903.211 of the Revised Code or an alleged	1001
commission of a sexually oriented offense shall provide	1002
information to the victim and the family or household members of	1003
the victim regarding the relief available under this section and	1004
section 2903.213 of the Revised Code.	1005

(J) ~~Notwithstanding any provision of law to the contrary~~(1)	1006
Subject to division (J)(2) of this section and regardless of	1007
whether a protection order is issued or a consent agreement is	1008
approved by a court of another county or by a court of another	1009
state, no court or unit of state or local government shall charge	1010
the petitioner any fee, cost, deposit, or money in connection with	1011
the filing of a petition pursuant to this section, in connection	1012
with the filing, issuance, registration, modification,	1013
enforcement, dismissal, withdrawal, or service of a protection	1014
order or, consent agreement, or witness subpoena or for obtaining	1015
a certified copy of a protection order or consent agreement.	1016

(2) Regardless of whether a protection order is issued or a	1017
consent agreement is approved pursuant to this section, the court	1018
may assess costs against the respondent in connection with the	1019
filing, issuance, registration, modification, enforcement,	1020
dismissal, withdrawal, or service of a protection order, consent	1021
agreement, or witness subpoena or for obtaining a certified copy	1022
of a protection order or consent agreement.	1023

(K)(1) A person who violates a protection order issued under	1024
this section is subject to the following sanctions:	1025

(a) Criminal prosecution for a violation of section 2919.27	1026
of the Revised Code, if the violation of the protection order	1027
constitutes a violation of that section;	1028

(b) Punishment for contempt of court.

1029

(2) The punishment of a person for contempt of court for	1030
violation of a protection order issued under this section does not	1031
bar criminal prosecution of the person for a violation of section	1032
2919.27 of the Revised Code. However, a person punished for	1033
contempt of court is entitled to credit for the punishment imposed	1034
upon conviction of a violation of that section, and a person	1035
convicted of a violation of that section shall not subsequently be	1036
punished for contempt of court arising out of the same activity.	1037

(L) In all stages of a proceeding under this section, a	1038
petitioner may be accompanied by a victim advocate.	1039

(M)(1) A petitioner who obtains a protection order under this	1040
section or a protection order under section 2903.213 of the	1041
Revised Code may provide notice of the issuance or approval of the	1042
order to the judicial and law enforcement officials in any county	1043
other than the county in which the order is issued by registering	1044
that order in the other county pursuant to division (M)(2) of this	1045
section and filing a copy of the registered order with a law	1046
enforcement agency in the other county in accordance with that	1047
division. A person who obtains a protection order issued by a	1048
court of another state may provide notice of the issuance of the	1049
order to the judicial and law enforcement officials in any county	1050
of this state by registering the order in that county pursuant to	1051
section 2919.272 of the Revised Code and filing a copy of the	1052
registered order with a law enforcement agency in that county.	1053

(2) A petitioner may register a protection order issued	1054
pursuant to this section or section 2903.213 of the Revised Code	1055
in a county other than the county in which the court that issued	1056
the order is located in the following manner:	1057

(a) The petitioner shall obtain a certified copy of the order	1058
from the clerk of the court that issued the order and present that	1059
certified copy to the clerk of the court of common pleas or the	1060
clerk of a municipal court or county court in the county in which	1061
the order is to be registered.	1062

(b) Upon accepting the certified copy of the order for	1063
registration, the clerk of the court of common pleas, municipal	1064
court, or county court shall place an endorsement of registration	1065
on the order and give the petitioner a copy of the order that	1066
bears that proof of registration.	1067

(3) The clerk of each court of common pleas, municipal court,	1068
or county court shall maintain a registry of certified copies of	1069
protection orders that have been issued by courts in other	1070
counties pursuant to this section or section 2903.213 of the	1071
Revised Code and that have been registered with the clerk.	1072

(N)(1) If the court orders electronic monitoring of the	1073
respondent under this section, the court shall direct the	1074
sheriff's office or any other appropriate law enforcement agency	1075
to install the electronic monitoring device and to monitor the	1076
respondent. Unless the court determines that the respondent is	1077
indigent, the court shall order the respondent to pay the cost of	1078
the installation and monitoring of the electronic monitoring	1079
device. If the court determines that the respondent is indigent	1080
and subject to the maximum amount allowable to be paid in any year	1081
from the fund and the rules promulgated by the attorney general	1082
under division (N)(2) of this section, the cost of the	1083
installation and monitoring of the electronic monitoring device	1084
may be paid out of funds from the reparations fund created	1085
pursuant to section 2743.191 of the Revised Code. The total amount	1086
of costs for the installation and monitoring of electronic	1087
monitoring devices paid pursuant to this division and sections	1088
2151.34 and 2919.27 of the Revised Code from the reparations fund	1089
shall not exceed three hundred thousand dollars per year.	1090

(2) The attorney general may promulgate rules pursuant to	1091
section 111.15 of the Revised Code to govern payments made from	1092
the reparations fund pursuant to this division and sections	1093
2151.34 and 2919.27 of the Revised Code. The rules may include	1094
reasonable limits on the total cost paid pursuant to this division	1095
and sections 2151.34 and 2919.27 of the Revised Code per	1096
respondent, the amount of the three hundred thousand dollars	1097
allocated to each county, and how invoices may be submitted by a	1098
county, court, or other entity.	1099

Sec. 2919.26. (A)(1) Upon the filing of a complaint that	1100
alleges a violation of section 2909.06, 2909.07, 2911.12, or	1101
2911.211 of the Revised Code if the alleged victim of the	1102
violation was a family or household member at the time of the	1103
violation, a violation of a municipal ordinance that is	1104
substantially similar to any of those sections if the alleged	1105
victim of the violation was a family or household member at the	1106
time of the violation, any offense of violence if the alleged	1107
victim of the offense was a family or household member at the time	1108
of the commission of the offense, or any sexually oriented offense	1109
if the alleged victim of the offense was a family or household	1110
member at the time of the commission of the offense, the	1111
complainant, the alleged victim, or a family or household member	1112
of an alleged victim may file, or, if in an emergency the alleged	1113
victim is unable to file, a person who made an arrest for the	1114
alleged violation or offense under section 2935.03 of the Revised	1115
Code may file on behalf of the alleged victim, a motion that	1116
requests the issuance of a temporary protection order as a	1117
pretrial condition of release of the alleged offender, in addition	1118
to any bail set under Criminal Rule 46. The motion shall be filed	1119
with the clerk of the court that has jurisdiction of the case at	1120
any time after the filing of the complaint.	1121

(2) For purposes of section 2930.09 of the Revised Code, all	1122
stages of a proceeding arising out of a complaint alleging the	1123
commission of a violation, offense of violence, or sexually	1124
oriented offense described in division (A)(1) of this section,	1125
including all proceedings on a motion for a temporary protection	1126
order, are critical stages of the case, and a victim may be	1127
accompanied by a victim advocate or another person to provide	1128
support to the victim as provided in that section.	1129

(B) The motion shall be prepared on a form that is provided	1130
by the clerk of the court, which form shall be substantially as	1131
follows:	1132

"MOTION FOR TEMPORARY PROTECTION ORDER	1133

.......................... Court	1134

Name and address of court	1135

State of Ohio	1136

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

1137

..........................................	1138

Name of Defendant	1139

(name of person), moves the court to issue a temporary protection	1140
order containing terms designed to ensure the safety and	1141
protection of the complainant, alleged victim, and other family or	1142
household members, in relation to the named defendant, pursuant to	1143
its authority to issue such an order under section 2919.26 of the	1144
Revised Code.	1145

A complaint, a copy of which has been attached to this	1146
motion, has been filed in this court charging the named defendant	1147
with .......................... (name of the specified violation,	1148
the offense of violence, or sexually oriented offense charged) in	1149
circumstances in which the victim was a family or household member	1150
in violation of (section of the Revised Code designating the	1151
specified violation, offense of violence, or sexually oriented	1152
offense charged), or charging the named defendant with a violation	1153
of a municipal ordinance that is substantially similar to	1154
........................ (section of the Revised Code designating	1155
the specified violation, offense of violence, or sexually oriented	1156
offense charged) involving a family or household member.	1157

I understand that I must appear before the court, at a time	1158
set by the court within twenty-four hours after the filing of this	1159
motion, for a hearing on the motion or that, if I am unable to	1160
appear because of hospitalization or a medical condition resulting	1161
from the offense alleged in the complaint, a person who can	1162
provide information about my need for a temporary protection order	1163
must appear before the court in lieu of my appearing in court. I	1164
understand that any temporary protection order granted pursuant to	1165
this motion is a pretrial condition of release and is effective	1166
only until the disposition of the criminal proceeding arising out	1167
of the attached complaint, or the issuance of a civil protection	1168
order or the approval of a consent agreement, arising out of the	1169
same activities as those that were the basis of the complaint,	1170
under section 3113.31 of the Revised Code.	1171

..........................................	1172

Signature of person	1173

(or signature of the arresting officer who filed the motion on	1174
behalf of the alleged victim)	1175

..........................................	1176

Address of person (or office address of the arresting officer who	1177
filed the motion on behalf of the alleged victim)"	1178

(C)(1) As soon as possible after the filing of a motion that	1179
requests the issuance of a temporary protection order, but not	1180
later than twenty-four hours after the filing of the motion, the	1181
court shall conduct a hearing to determine whether to issue the	1182
order. The person who requested the order shall appear before the	1183
court and provide the court with the information that it requests	1184
concerning the basis of the motion. If the person who requested	1185
the order is unable to appear and if the court finds that the	1186
failure to appear is because of the person's hospitalization or	1187
medical condition resulting from the offense alleged in the	1188
complaint, another person who is able to provide the court with	1189
the information it requests may appear in lieu of the person who	1190
requested the order. If the court finds that the safety and	1191
protection of the complainant, alleged victim, or any other family	1192
or household member of the alleged victim may be impaired by the	1193
continued presence of the alleged offender, the court may issue a	1194
temporary protection order, as a pretrial condition of release,	1195
that contains terms designed to ensure the safety and protection	1196
of the complainant, alleged victim, or the family or household	1197
member, including a requirement that the alleged offender refrain	1198
from entering the residence, school, business, or place of	1199
employment of the complainant, alleged victim, or the family or	1200
household member.	1201

(2)(a) If the court issues a temporary protection order that	1202
includes a requirement that the alleged offender refrain from	1203
entering the residence, school, business, or place of employment	1204
of the complainant, the alleged victim, or the family or household	1205
member, the order shall state clearly that the order cannot be	1206
waived or nullified by an invitation to the alleged offender from	1207
the complainant, alleged victim, or family or household member to	1208
enter the residence, school, business, or place of employment or	1209
by the alleged offender's entry into one of those places otherwise	1210
upon the consent of the complainant, alleged victim, or family or	1211
household member.	1212

(b) Division (C)(2)(a) of this section does not limit any	1213
discretion of a court to determine that an alleged offender	1214
charged with a violation of section 2919.27 of the Revised Code,	1215
with a violation of a municipal ordinance substantially equivalent	1216
to that section, or with contempt of court, which charge is based	1217
on an alleged violation of a temporary protection order issued	1218
under this section, did not commit the violation or was not in	1219
contempt of court.	1220

(D)(1) Upon the filing of a complaint that alleges a	1221
violation of section 2909.06, 2909.07, 2911.12, or 2911.211 of the	1222
Revised Code if the alleged victim of the violation was a family	1223
or household member at the time of the violation, a violation of a	1224
municipal ordinance that is substantially similar to any of those	1225
sections if the alleged victim of the violation was a family or	1226
household member at the time of the violation, any offense of	1227
violence if the alleged victim of the offense was a family or	1228
household member at the time of the commission of the offense, or	1229
any sexually oriented offense if the alleged victim of the offense	1230
was a family or household member at the time of the commission of	1231
the offense, the court, upon its own motion, may issue a temporary	1232
protection order as a pretrial condition of release if it finds	1233
that the safety and protection of the complainant, alleged victim,	1234
or other family or household member of the alleged offender may be	1235
impaired by the continued presence of the alleged offender.	1236

(2) If the court issues a temporary protection order under	1237
this section as an ex parte order, it shall conduct, as soon as	1238
possible after the issuance of the order, a hearing in the	1239
presence of the alleged offender not later than the next day on	1240
which the court is scheduled to conduct business after the day on	1241
which the alleged offender was arrested or at the time of the	1242
appearance of the alleged offender pursuant to summons to	1243
determine whether the order should remain in effect, be modified,	1244
or be revoked. The hearing shall be conducted under the standards	1245
set forth in division (C) of this section.	1246

(3) An order issued under this section shall contain only	1247
those terms authorized in orders issued under division (C) of this	1248
section.	1249

(4) If a municipal court or a county court issues a temporary	1250
protection order under this section and if, subsequent to the	1251
issuance of the order, the alleged offender who is the subject of	1252
the order is bound over to the court of common pleas for	1253
prosecution of a felony arising out of the same activities as	1254
those that were the basis of the complaint upon which the order is	1255
based, notwithstanding the fact that the order was issued by a	1256
municipal court or county court, the order shall remain in effect,	1257
as though it were an order of the court of common pleas, while the	1258
charges against the alleged offender are pending in the court of	1259
common pleas, for the period of time described in division (E)(2)	1260
of this section, and the court of common pleas has exclusive	1261
jurisdiction to modify the order issued by the municipal court or	1262
county court. This division applies when the alleged offender is	1263
bound over to the court of common pleas as a result of the person	1264
waiving a preliminary hearing on the felony charge, as a result of	1265
the municipal court or county court having determined at a	1266
preliminary hearing that there is probable cause to believe that	1267
the felony has been committed and that the alleged offender	1268
committed it, as a result of the alleged offender having been	1269
indicted for the felony, or in any other manner.	1270

(E) A temporary protection order that is issued as a pretrial	1271
condition of release under this section:	1272

(1) Is in addition to, but shall not be construed as a part	1273
of, any bail set under Criminal Rule 46;	1274

(2) Is effective only until the occurrence of either of the	1275
following:	1276

(a) The disposition, by the court that issued the order or,	1277
in the circumstances described in division (D)(4) of this section,	1278
by the court of common pleas to which the alleged offender is	1279
bound over for prosecution, of the criminal proceeding arising out	1280
of the complaint upon which the order is based;	1281

(b) The issuance of a protection order or the approval of a	1282
consent agreement, arising out of the same activities as those	1283
that were the basis of the complaint upon which the order is	1284
based, under section 3113.31 of the Revised Code;	1285

(3) Shall not be construed as a finding that the alleged	1286
offender committed the alleged offense, and shall not be	1287
introduced as evidence of the commission of the offense at the	1288
trial of the alleged offender on the complaint upon which the	1289
order is based.	1290

(F) A person who meets the criteria for bail under Criminal	1291
Rule 46 and who, if required to do so pursuant to that rule,	1292
executes or posts bond or deposits cash or securities as bail,	1293
shall not be held in custody pending a hearing before the court on	1294
a motion requesting a temporary protection order.	1295

(G)(1) A copy of any temporary protection order that is	1296
issued under this section shall be issued by the court to the	1297
complainant, to the alleged victim, to the person who requested	1298
the order, to the defendant, and to all law enforcement agencies	1299
that have jurisdiction to enforce the order. The court shall	1300
direct that a copy of the order be delivered to the defendant on	1301
the same day that the order is entered. If a municipal court or a	1302
county court issues a temporary protection order under this	1303
section and if, subsequent to the issuance of the order, the	1304
defendant who is the subject of the order is bound over to the	1305
court of common pleas for prosecution as described in division	1306
(D)(4) of this section, the municipal court or county court shall	1307
direct that a copy of the order be delivered to the court of	1308
common pleas to which the defendant is bound over.	1309

(2) Upon the issuance of a protection order under this	1310
section, the court shall provide the parties to the order with the	1311
following notice orally or by form:	1312

"NOTICE	1313

As a result of this protection order, it may be unlawful for	1314
you to possess or purchase a firearm, including a rifle, pistol,	1315
or revolver, or ammunition pursuant to federal law under 18 U.S.C.	1316
922(g)(8). If you have any questions whether this law makes it	1317
illegal for you to possess or purchase a firearm or ammunition,	1318
you should consult an attorney."	1319

(3) All law enforcement agencies shall establish and maintain	1320
an index for the temporary protection orders delivered to the	1321
agencies pursuant to division (G)(1) of this section. With respect	1322
to each order delivered, each agency shall note on the index, the	1323
date and time of the receipt of the order by the agency.	1324

(4) A complainant, alleged victim, or other person who	1325
obtains a temporary protection order under this section may	1326
provide notice of the issuance of the temporary protection order	1327
to the judicial and law enforcement officials in any county other	1328
than the county in which the order is issued by registering that	1329
order in the other county in accordance with division (N) of	1330
section 3113.31 of the Revised Code and filing a copy of the	1331
registered protection order with a law enforcement agency in the	1332
other county in accordance with that division.	1333

(5) Any officer of a law enforcement agency shall enforce a	1334
temporary protection order issued by any court in this state in	1335
accordance with the provisions of the order, including removing	1336
the defendant from the premises, regardless of whether the order	1337
is registered in the county in which the officer's agency has	1338
jurisdiction as authorized by division (G)(4) of this section.	1339

(H) Upon a violation of a temporary protection order, the	1340
court may issue another temporary protection order, as a pretrial	1341
condition of release, that modifies the terms of the order that	1342
was violated.	1343

(I)(1) As used in divisions (I)(1) and (2) of this section,	1344
"defendant" means a person who is alleged in a complaint to have	1345
committed a violation, offense of violence, or sexually oriented	1346
offense of the type described in division (A) of this section.	1347

(2) If a complaint is filed that alleges that a person	1348
committed a violation, offense of violence, or sexually oriented	1349
offense of the type described in division (A) of this section, the	1350
court may not issue a temporary protection order under this	1351
section that requires the complainant, the alleged victim, or	1352
another family or household member of the defendant to do or	1353
refrain from doing an act that the court may require the defendant	1354
to do or refrain from doing under a temporary protection order	1355
unless both of the following apply:	1356

(a) The defendant has filed a separate complaint that alleges	1357
that the complainant, alleged victim, or other family or household	1358
member in question who would be required under the order to do or	1359
refrain from doing the act committed a violation or offense of	1360
violence of the type described in division (A) of this section.	1361

(b) The court determines that both the complainant, alleged	1362
victim, or other family or household member in question who would	1363
be required under the order to do or refrain from doing the act	1364
and the defendant acted primarily as aggressors, that neither the	1365
complainant, alleged victim, or other family or household member	1366
in question who would be required under the order to do or refrain	1367
from doing the act nor the defendant acted primarily in	1368
self-defense, and, in accordance with the standards and criteria	1369
of this section as applied in relation to the separate complaint	1370
filed by the defendant, that it should issue the order to require	1371
the complainant, alleged victim, or other family or household	1372
member in question to do or refrain from doing the act.	1373

(J) ~~Notwithstanding any provision of law to the contrary~~(1)	1374
Subject to division (J)(2) of this section and regardless of	1375
whether a protection order is issued or a consent agreement is	1376
approved by a court of another county or a court of another state,	1377
no court or unit of state or local government shall charge the	1378
movant any fee, cost, deposit, or money in connection with the	1379
filing of a motion pursuant to this section, in connection with	1380
the filing, issuance, registration, modification, enforcement,	1381
dismissal, withdrawal, or service of a protection order or,	1382
consent agreement, or witness subpoena or for obtaining a	1383
certified copy of a protection order or consent agreement.	1384

(2) Regardless of whether a protection order is issued or a	1385
consent agreement is approved pursuant to this section, if the	1386
defendant is convicted the court may assess costs against the	1387
defendant in connection with the filing, issuance, registration,	1388
modification, enforcement, dismissal, withdrawal, or service of a	1389
protection order, consent agreement, or witness subpoena or for	1390
obtaining a certified copy of a protection order or consent	1391
agreement.	1392

(K) As used in this section:

1393

(1) "Sexually oriented offense" has the same meaning as in	1394
section 2950.01 of the Revised Code.	1395

(2) "Victim advocate" means a person who provides support and	1396
assistance for a victim of an offense during court proceedings.	1397

Sec. 2919.272. (A) As used in this section, "protection	1398
order issued by a court of another state" has the same meaning as	1399
in section 2919.27 of the Revised Code.	1400

(B) A person who has obtained a protection order issued by a	1401
court of another state may provide notice of the issuance of the	1402
order to judicial and law enforcement officials in any county of	1403
this state by registering the order in that county and filing a	1404
copy of the registered order with a law enforcement agency in that	1405
county. To register the order, the person shall obtain a certified	1406
copy of the order from the clerk of the court that issued the	1407
order and present that certified copy to the clerk of the court of	1408
common pleas or the clerk of a municipal court or county court in	1409
the county in which the order is to be registered. Upon accepting	1410
the certified copy of the order for registration, the clerk shall	1411
place an endorsement of registration on the order and give the	1412
person a copy of the order that bears proof of registration. The	1413
person then may file with a law enforcement agency in that county	1414
a copy of the order that bears proof of registration.	1415

(C) The clerk of each court of common pleas and the clerk of	1416
each municipal court and county court shall maintain a registry of	1417
certified copies of protection orders issued by courts of another	1418
state that have been registered with the clerk. Each law	1419
enforcement agency shall establish and maintain a registry for	1420
protection orders delivered to the agency pursuant to this	1421
section. The agency shall note in the registry the date and time	1422
that the agency received an order.	1423

(D) An officer of a law enforcement agency shall enforce a	1424
protection order issued by a court of another state in accordance	1425
with the provisions of the order, including removing the person	1426
allegedly violating the order from the premises, regardless of	1427
whether the order is registered as authorized by division (B) of	1428
this section in the county in which the officer's agency has	1429
jurisdiction.	1430

(E) ~~Notwithstanding any provision of law to the contrary~~(1)	1431
Subject to division (E)(2) of this section and regardless of	1432
whether a protection order is issued or a consent agreement is	1433
approved by a court of another county or a court of another state,	1434
no court or unit of state or local government shall charge a	1435
person who registers and files an order any fee, cost, deposit, or	1436
money in connection with the filing, issuance, registration,	1437
modification, enforcement, dismissal, withdrawal, or service of a	1438
protection order or, consent agreement, or witness subpoena or for	1439
obtaining a certified copy of a protection order or consent	1440
agreement, including a protection order issued by a court of	1441
another state.	1442

(2) Regardless of whether a protection order is issued or a	1443
consent agreement is approved pursuant to this section, the court	1444
may assess costs against the person who is subject to a registered	1445
and filed order in connection with the filing, issuance,	1446
registration, modification, enforcement, dismissal, withdrawal, or	1447
service of a protection order, consent agreement, or witness	1448
subpoena or for obtaining a certified copy of a protection order	1449
or consent agreement.	1450

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

1451

(1) "Domestic violence" means the occurrence of one or more	1452
of the following acts against a family or household member:	1453

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

1454

(b) Placing another person by the threat of force in fear of	1455
imminent serious physical harm or committing a violation of	1456
section 2903.211 or 2911.211 of the Revised Code;	1457

(c) Committing any act with respect to a child that would	1458
result in the child being an abused child, as defined in section	1459
2151.031 of the Revised Code;	1460

(d) Committing a sexually oriented offense.

1461

(2) "Court" means the domestic relations division of the	1462
court of common pleas in counties that have a domestic relations	1463
division and the court of common pleas in counties that do not	1464
have a domestic relations division, or the juvenile division of	1465
the court of common pleas of the county in which the person to be	1466
protected by a protection order issued or a consent agreement	1467
approved under this section resides if the respondent is less than	1468
eighteen years of age.	1469

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

1470

(a) Any of the following who is residing with or has resided	1471
with the respondent:	1472

(i) A spouse, a person living as a spouse, or a former spouse	1473
of the respondent;	1474

(ii) A parent, a foster parent, or a child of the respondent,	1475
or another person related by consanguinity or affinity to the	1476
respondent;	1477

(iii) A parent or a child of a spouse, person living as a	1478
spouse, or former spouse of the respondent, or another person	1479
related by consanguinity or affinity to a spouse, person living as	1480
a spouse, or former spouse of the respondent.	1481

(b) The natural parent of any child of whom the respondent is	1482
the other natural parent or is the putative other natural parent.	1483

(4) "Person living as a spouse" means a person who is living	1484
or has lived with the respondent in a common law marital	1485
relationship, who otherwise is cohabiting with the respondent, or	1486
who otherwise has cohabited with the respondent within five years	1487
prior to the date of the alleged occurrence of the act in	1488
question.	1489

(5) "Victim advocate" means a person who provides support and	1490
assistance for a person who files a petition under this section.	1491

(6) "Sexually oriented offense" has the same meaning as in	1492
section 2950.01 of the Revised Code.	1493

(B) The court has jurisdiction over all proceedings under	1494
this section. The petitioner's right to relief under this section	1495
is not affected by the petitioner's leaving the residence or	1496
household to avoid further domestic violence.	1497

(C) A person may seek relief under this section on the	1498
person's own behalf, or any parent or adult household member may	1499
seek relief under this section on behalf of any other family or	1500
household member, by filing a petition with the court. The	1501
petition shall contain or state:	1502

(1) An allegation that the respondent engaged in domestic	1503
violence against a family or household member of the respondent,	1504
including a description of the nature and extent of the domestic	1505
violence;	1506

(2) The relationship of the respondent to the petitioner, and	1507
to the victim if other than the petitioner;	1508

(3) A request for relief under this section.

1509

(D)(1) If a person who files a petition pursuant to this	1510
section requests an ex parte order, the court shall hold an ex	1511
parte hearing on the same day that the petition is filed. The	1512
court, for good cause shown at the ex parte hearing, may enter any	1513
temporary orders, with or without bond, including, but not limited	1514
to, an order described in division (E)(1)(a), (b), or (c) of this	1515
section, that the court finds necessary to protect the family or	1516
household member from domestic violence. Immediate and present	1517
danger of domestic violence to the family or household member	1518
constitutes good cause for purposes of this section. Immediate and	1519
present danger includes, but is not limited to, situations in	1520
which the respondent has threatened the family or household member	1521
with bodily harm, in which the respondent has threatened the	1522
family or household member with a sexually oriented offense, or in	1523
which the respondent previously has been convicted of, pleaded	1524
guilty to, or been adjudicated a delinquent child for an offense	1525
that constitutes domestic violence against the family or household	1526
member.	1527

(2)(a) If the court, after an ex parte hearing, issues an	1528
order described in division (E)(1)(b) or (c) of this section, the	1529
court shall schedule a full hearing for a date that is within	1530
seven court days after the ex parte hearing. If any other type of	1531
protection order that is authorized under division (E) of this	1532
section is issued by the court after an ex parte hearing, the	1533
court shall schedule a full hearing for a date that is within ten	1534
court days after the ex parte hearing. The court shall give the	1535
respondent notice of, and an opportunity to be heard at, the full	1536
hearing. The court shall hold the full hearing on the date	1537
scheduled under this division unless the court grants a	1538
continuance of the hearing in accordance with this division. Under	1539
any of the following circumstances or for any of the following	1540
reasons, the court may grant a continuance of the full hearing to	1541
a reasonable time determined by the court:	1542

(i) Prior to the date scheduled for the full hearing under	1543
this division, the respondent has not been served with the	1544
petition filed pursuant to this section and notice of the full	1545
hearing.	1546

(ii) The parties consent to the continuance.

1547

(iii) The continuance is needed to allow a party to obtain	1548
counsel.	1549

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

1550

(b) An ex parte order issued under this section does not	1551
expire because of a failure to serve notice of the full hearing	1552
upon the respondent before the date set for the full hearing under	1553
division (D)(2)(a) of this section or because the court grants a	1554
continuance under that division.	1555

(3) If a person who files a petition pursuant to this section	1556
does not request an ex parte order, or if a person requests an ex	1557
parte order but the court does not issue an ex parte order after	1558
an ex parte hearing, the court shall proceed as in a normal civil	1559
action and grant a full hearing on the matter.	1560

(E)(1) After an ex parte or full hearing, the court may grant	1561
any protection order, with or without bond, or approve any consent	1562
agreement to bring about a cessation of domestic violence against	1563
the family or household members. The order or agreement may:	1564

(a) Direct the respondent to refrain from abusing or from	1565
committing sexually oriented offenses against the family or	1566
household members;	1567

(b) Grant possession of the residence or household to the	1568
petitioner or other family or household member, to the exclusion	1569
of the respondent, by evicting the respondent, when the residence	1570
or household is owned or leased solely by the petitioner or other	1571
family or household member, or by ordering the respondent to	1572
vacate the premises, when the residence or household is jointly	1573
owned or leased by the respondent, and the petitioner or other	1574
family or household member;	1575

(c) When the respondent has a duty to support the petitioner	1576
or other family or household member living in the residence or	1577
household and the respondent is the sole owner or lessee of the	1578
residence or household, grant possession of the residence or	1579
household to the petitioner or other family or household member,	1580
to the exclusion of the respondent, by ordering the respondent to	1581
vacate the premises, or, in the case of a consent agreement, allow	1582
the respondent to provide suitable, alternative housing;	1583

(d) Temporarily allocate parental rights and responsibilities	1584
for the care of, or establish temporary parenting time rights with	1585
regard to, minor children, if no other court has determined, or is	1586
determining, the allocation of parental rights and	1587
responsibilities for the minor children or parenting time rights;	1588

(e) Require the respondent to maintain support, if the	1589
respondent customarily provides for or contributes to the support	1590
of the family or household member, or if the respondent has a duty	1591
to support the petitioner or family or household member;	1592

(f) Require the respondent, petitioner, victim of domestic	1593
violence, or any combination of those persons, to seek counseling;	1594

(g) Require the respondent to refrain from entering the	1595
residence, school, business, or place of employment of the	1596
petitioner or family or household member;	1597

(h) Grant other relief that the court considers equitable and	1598
fair, including, but not limited to, ordering the respondent to	1599
permit the use of a motor vehicle by the petitioner or other	1600
family or household member and the apportionment of household and	1601
family personal property.	1602

(2) If a protection order has been issued pursuant to this	1603
section in a prior action involving the respondent and the	1604
petitioner or one or more of the family or household members or	1605
victims, the court may include in a protection order that it	1606
issues a prohibition against the respondent returning to the	1607
residence or household. If it includes a prohibition against the	1608
respondent returning to the residence or household in the order,	1609
it also shall include in the order provisions of the type	1610
described in division (E)(7) of this section. This division does	1611
not preclude the court from including in a protection order or	1612
consent agreement, in circumstances other than those described in	1613
this division, a requirement that the respondent be evicted from	1614
or vacate the residence or household or refrain from entering the	1615
residence, school, business, or place of employment of the	1616
petitioner or a family or household member, and, if the court	1617
includes any requirement of that type in an order or agreement,	1618
the court also shall include in the order provisions of the type	1619
described in division (E)(7) of this section.	1620

(3)(a) Any protection order issued or consent agreement	1621
approved under this section shall be valid until a date certain,	1622
but not later than five years from the date of its issuance or	1623
approval, or not later than the date a respondent who is less than	1624
eighteen years of age attains nineteen years of age, unless	1625
modified or terminated as provided in division (E)(8) of this	1626
section.	1627

(b) Subject to the limitation on the duration of an order or	1628
agreement set forth in division (E)(3)(a) of this section, any	1629
order under division (E)(1)(d) of this section shall terminate on	1630
the date that a court in an action for divorce, dissolution of	1631
marriage, or legal separation brought by the petitioner or	1632
respondent issues an order allocating parental rights and	1633
responsibilities for the care of children or on the date that a	1634
juvenile court in an action brought by the petitioner or	1635
respondent issues an order awarding legal custody of minor	1636
children. Subject to the limitation on the duration of an order or	1637
agreement set forth in division (E)(3)(a) of this section, any	1638
order under division (E)(1)(e) of this section shall terminate on	1639
the date that a court in an action for divorce, dissolution of	1640
marriage, or legal separation brought by the petitioner or	1641
respondent issues a support order or on the date that a juvenile	1642
court in an action brought by the petitioner or respondent issues	1643
a support order.	1644

(c) Any protection order issued or consent agreement approved	1645
pursuant to this section may be renewed in the same manner as the	1646
original order or agreement was issued or approved.	1647

(4) A court may not issue a protection order that requires a	1648
petitioner to do or to refrain from doing an act that the court	1649
may require a respondent to do or to refrain from doing under	1650
division (E)(1)(a), (b), (c), (d), (e), (g), or (h) of this	1651
section unless all of the following apply:	1652

(a) The respondent files a separate petition for a protection	1653
order in accordance with this section.	1654

(b) The petitioner is served notice of the respondent's	1655
petition at least forty-eight hours before the court holds a	1656
hearing with respect to the respondent's petition, or the	1657
petitioner waives the right to receive this notice.	1658

(c) If the petitioner has requested an ex parte order	1659
pursuant to division (D) of this section, the court does not delay	1660
any hearing required by that division beyond the time specified in	1661
that division in order to consolidate the hearing with a hearing	1662
on the petition filed by the respondent.	1663

(d) After a full hearing at which the respondent presents	1664
evidence in support of the request for a protection order and the	1665
petitioner is afforded an opportunity to defend against that	1666
evidence, the court determines that the petitioner has committed	1667
an act of domestic violence or has violated a temporary protection	1668
order issued pursuant to section 2919.26 of the Revised Code, that	1669
both the petitioner and the respondent acted primarily as	1670
aggressors, and that neither the petitioner nor the respondent	1671
acted primarily in self-defense.	1672

(5) No protection order issued or consent agreement approved	1673
under this section shall in any manner affect title to any real	1674
property.	1675

(6)(a) If a petitioner, or the child of a petitioner, who	1676
obtains a protection order or consent agreement pursuant to	1677
division (E)(1) of this section or a temporary protection order	1678
pursuant to section 2919.26 of the Revised Code and is the subject	1679
of a parenting time order issued pursuant to section 3109.051 or	1680
3109.12 of the Revised Code or a visitation or companionship order	1681
issued pursuant to section 3109.051, 3109.11, or 3109.12 of the	1682
Revised Code or division (E)(1)(d) of this section granting	1683
parenting time rights to the respondent, the court may require the	1684
public children services agency of the county in which the court	1685
is located to provide supervision of the respondent's exercise of	1686
parenting time or visitation or companionship rights with respect	1687
to the child for a period not to exceed nine months, if the court	1688
makes the following findings of fact:	1689

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

1690

(ii) No other person or agency is available to provide the	1691
supervision.	1692

(b) A court that requires an agency to provide supervision	1693
pursuant to division (E)(6)(a) of this section shall order the	1694
respondent to reimburse the agency for the cost of providing the	1695
supervision, if it determines that the respondent has sufficient	1696
income or resources to pay that cost.	1697

(7)(a) If a protection order issued or consent agreement	1698
approved under this section includes a requirement that the	1699
respondent be evicted from or vacate the residence or household or	1700
refrain from entering the residence, school, business, or place of	1701
employment of the petitioner or a family or household member, the	1702
order or agreement shall state clearly that the order or agreement	1703
cannot be waived or nullified by an invitation to the respondent	1704
from the petitioner or other family or household member to enter	1705
the residence, school, business, or place of employment or by the	1706
respondent's entry into one of those places otherwise upon the	1707
consent of the petitioner or other family or household member.	1708

(b) Division (E)(7)(a) of this section does not limit any	1709
discretion of a court to determine that a respondent charged with	1710
a violation of section 2919.27 of the Revised Code, with a	1711
violation of a municipal ordinance substantially equivalent to	1712
that section, or with contempt of court, which charge is based on	1713
an alleged violation of a protection order issued or consent	1714
agreement approved under this section, did not commit the	1715
violation or was not in contempt of court.	1716

(8)(a) The court may modify or terminate as provided in	1717
division (E)(8) of this section a protection order or consent	1718
agreement that was issued after a full hearing under this section.	1719
The court that issued the protection order or approved the consent	1720
agreement shall hear a motion for modification or termination of	1721
the protection order or consent agreement pursuant to division	1722
(E)(8) of this section.	1723

(b) Either the petitioner or the respondent of the original	1724
protection order or consent agreement may bring a motion for	1725
modification or termination of a protection order or consent	1726
agreement that was issued or approved after a full hearing. The	1727
court shall require notice of the motion to be made as provided by	1728
the Rules of Civil Procedure. If the petitioner for the original	1729
protection order or consent agreement has requested that the	1730
petitioner's address be kept confidential, the court shall not	1731
disclose the address to the respondent of the original protection	1732
order or consent agreement or any other person, except as	1733
otherwise required by law. The moving party has the burden of	1734
proof to show, by a preponderance of the evidence, that	1735
modification or termination of the protection order or consent	1736
agreement is appropriate because either the protection order or	1737
consent agreement is no longer needed or because the terms of the	1738
original protection order or consent agreement are no longer	1739
appropriate.	1740

(c) In considering whether to modify or terminate a	1741
protection order or consent agreement issued or approved under	1742
this section, the court shall consider all relevant factors,	1743
including, but not limited to, the following:	1744

(i) Whether the petitioner consents to modification or	1745
termination of the protection order or consent agreement;	1746

(ii) Whether the petitioner fears the respondent;

1747

(iii) The current nature of the relationship between the	1748
petitioner and the respondent;	1749

(iv) The circumstances of the petitioner and respondent,	1750
including the relative proximity of the petitioner's and	1751
respondent's workplaces and residences and whether the petitioner	1752
and respondent have minor children together;	1753

(v) Whether the respondent has complied with the terms and	1754
conditions of the original protection order or consent agreement;	1755

(vi) Whether the respondent has a continuing involvement with	1756
illegal drugs or alcohol;	1757

(vii) Whether the respondent has been convicted of, pleaded	1758
guilty to, or been adjudicated a delinquent child for an offense	1759
of violence since the issuance of the protection order or approval	1760
of the consent agreement;	1761

(viii) Whether any other protection orders, consent	1762
agreements, restraining orders, or no contact orders have been	1763
issued against the respondent pursuant to this section, section	1764
2919.26 of the Revised Code, any other provision of state law, or	1765
the law of any other state;	1766

(ix) Whether the respondent has participated in any domestic	1767
violence treatment, intervention program, or other counseling	1768
addressing domestic violence and whether the respondent has	1769
completed the treatment, program, or counseling;	1770

(x) The time that has elapsed since the protection order was	1771
issued or since the consent agreement was approved;	1772

(xi) The age and health of the respondent;

1773

(xii) When the last incident of abuse, threat of harm, or	1774
commission of a sexually oriented offense occurred or other	1775
relevant information concerning the safety and protection of the	1776
petitioner or other protected parties.	1777

(d) If a protection order or consent agreement is modified or	1778
terminated as provided in division (E)(8) of this section, the	1779
court shall issue copies of the modified or terminated order or	1780
agreement as provided in division (F) of this section. A	1781
petitioner may also provide notice of the modification or	1782
termination to the judicial and law enforcement officials in any	1783
county other than the county in which the order or agreement is	1784
modified or terminated as provided in division (N) of this	1785
section.	1786

(e) If the respondent moves for modification or termination	1787
of a protection order or consent agreement pursuant to this	1788
section and the court denies the motion, the court may assess	1789
costs against the respondent for the filing of the motion.	1790

(9) Any protection order issued or any consent agreement	1791
approved pursuant to this section shall include a provision that	1792
the court will automatically seal all of the records of the	1793
proceeding in which the order is issued or agreement approved on	1794
the date the respondent attains the age of nineteen years unless	1795
the petitioner provides the court with evidence that the	1796
respondent has not complied with all of the terms of the	1797
protection order or consent agreement. The protection order or	1798
consent agreement shall specify the date when the respondent	1799
attains the age of nineteen years.	1800

(F)(1) A copy of any protection order, or consent agreement,	1801
that is issued, approved, modified, or terminated under this	1802
section shall be issued by the court to the petitioner, to the	1803
respondent, and to all law enforcement agencies that have	1804
jurisdiction to enforce the order or agreement. The court shall	1805
direct that a copy of an order be delivered to the respondent on	1806
the same day that the order is entered.	1807

(2) Upon the issuance of a protection order or the approval	1808
of a consent agreement under this section, the court shall provide	1809
the parties to the order or agreement with the following notice	1810
orally or by form:	1811

"NOTICE	1812

As a result of this order or consent agreement, it may be	1813
unlawful for you to possess or purchase a firearm, including a	1814
rifle, pistol, or revolver, or ammunition pursuant to federal law	1815
under 18 U.S.C. 922(g)(8). If you have any questions whether this	1816
law makes it illegal for you to possess or purchase a firearm or	1817
ammunition, you should consult an attorney."	1818

(3) All law enforcement agencies shall establish and maintain	1819
an index for the protection orders and the approved consent	1820
agreements delivered to the agencies pursuant to division (F)(1)	1821
of this section. With respect to each order and consent agreement	1822
delivered, each agency shall note on the index the date and time	1823
that it received the order or consent agreement.	1824

(4) Regardless of whether the petitioner has registered the	1825
order or agreement in the county in which the officer's agency has	1826
jurisdiction pursuant to division (N) of this section, any officer	1827
of a law enforcement agency shall enforce a protection order	1828
issued or consent agreement approved by any court in this state in	1829
accordance with the provisions of the order or agreement,	1830
including removing the respondent from the premises, if	1831
appropriate.	1832

(G) Any proceeding under this section shall be conducted in	1833
accordance with the Rules of Civil Procedure, except that an order	1834
under this section may be obtained with or without bond. An order	1835
issued under this section, other than an ex parte order, that	1836
grants a protection order or approves a consent agreement, that	1837
refuses to grant a protection order or approve a consent agreement	1838
that modifies or terminates a protection order or consent	1839
agreement, or that refuses to modify or terminate a protection	1840
order or consent agreement, is a final, appealable order. The	1841
remedies and procedures provided in this section are in addition	1842
to, and not in lieu of, any other available civil or criminal	1843
remedies.	1844

(H) The filing of proceedings under this section does not	1845
excuse a person from filing any report or giving any notice	1846
required by section 2151.421 of the Revised Code or by any other	1847
law. When a petition under this section alleges domestic violence	1848
against minor children, the court shall report the fact, or cause	1849
reports to be made, to a county, township, or municipal peace	1850
officer under section 2151.421 of the Revised Code.	1851

(I) Any law enforcement agency that investigates a domestic	1852
dispute shall provide information to the family or household	1853
members involved regarding the relief available under this section	1854
and section 2919.26 of the Revised Code.	1855

(J) ~~Notwithstanding any provision of law to the contrary~~(1)	1856
Subject to divisions (E)(8)(e) and (J)(2) of this section and	1857
regardless of whether a protection order is issued or a consent	1858
agreement is approved by a court of another county or a court of	1859
another state, no court or unit of state or local government shall	1860
charge the petitioner any fee, cost, deposit, or money in	1861
connection with the filing of a petition pursuant to this section	1862
or in connection with the filing, issuance, registration,	1863
modification, enforcement, dismissal, withdrawal, or service of a	1864
protection order or, consent agreement, or witness subpoena or for	1865
obtaining a certified copy of a protection order or consent	1866
agreement.	1867

(2) Regardless of whether a protection order is issued or a	1868
consent agreement is approved pursuant to this section, the court	1869
may assess costs against the respondent in connection with the	1870
filing, issuance, registration, modification, enforcement,	1871
dismissal, withdrawal, or service of a protection order, consent	1872
agreement, or witness subpoena or for obtaining a certified copy	1873
of a protection order or consent agreement.	1874

(K)(1) The court shall comply with Chapters 3119., 3121.,	1875
3123., and 3125. of the Revised Code when it makes or modifies an	1876
order for child support under this section.	1877

(2) If any person required to pay child support under an	1878
order made under this section on or after April 15, 1985, or	1879
modified under this section on or after December 31, 1986, is	1880
found in contempt of court for failure to make support payments	1881
under the order, the court that makes the finding, in addition to	1882
any other penalty or remedy imposed, shall assess all court costs	1883
arising out of the contempt proceeding against the person and	1884
require the person to pay any reasonable attorney's fees of any	1885
adverse party, as determined by the court, that arose in relation	1886
to the act of contempt.	1887

(L)(1) A person who violates a protection order issued or a	1888
consent agreement approved under this section is subject to the	1889
following sanctions:	1890

(a) Criminal prosecution or a delinquent child proceeding for	1891
a violation of section 2919.27 of the Revised Code, if the	1892
violation of the protection order or consent agreement constitutes	1893
a violation of that section;	1894

(b) Punishment for contempt of court.

1895

(2) The punishment of a person for contempt of court for	1896
violation of a protection order issued or a consent agreement	1897
approved under this section does not bar criminal prosecution of	1898
the person or a delinquent child proceeding concerning the person	1899
for a violation of section 2919.27 of the Revised Code. However, a	1900
person punished for contempt of court is entitled to credit for	1901
the punishment imposed upon conviction of or adjudication as a	1902
delinquent child for a violation of that section, and a person	1903
convicted of or adjudicated a delinquent child for a violation of	1904
that section shall not subsequently be punished for contempt of	1905
court arising out of the same activity.	1906

(M) In all stages of a proceeding under this section, a	1907
petitioner may be accompanied by a victim advocate.	1908

(N)(1) A petitioner who obtains a protection order or consent	1909
agreement under this section or a temporary protection order under	1910
section 2919.26 of the Revised Code may provide notice of the	1911
issuance or approval of the order or agreement to the judicial and	1912
law enforcement officials in any county other than the county in	1913
which the order is issued or the agreement is approved by	1914
registering that order or agreement in the other county pursuant	1915
to division (N)(2) of this section and filing a copy of the	1916
registered order or registered agreement with a law enforcement	1917
agency in the other county in accordance with that division. A	1918
person who obtains a protection order issued by a court of another	1919
state may provide notice of the issuance of the order to the	1920
judicial and law enforcement officials in any county of this state	1921
by registering the order in that county pursuant to section	1922
2919.272 of the Revised Code and filing a copy of the registered	1923
order with a law enforcement agency in that county.	1924

(2) A petitioner may register a temporary protection order,	1925
protection order, or consent agreement in a county other than the	1926
county in which the court that issued the order or approved the	1927
agreement is located in the following manner:	1928

(a) The petitioner shall obtain a certified copy of the order	1929
or agreement from the clerk of the court that issued the order or	1930
approved the agreement and present that certified copy to the	1931
clerk of the court of common pleas or the clerk of a municipal	1932
court or county court in the county in which the order or	1933
agreement is to be registered.	1934

(b) Upon accepting the certified copy of the order or	1935
agreement for registration, the clerk of the court of common	1936
pleas, municipal court, or county court shall place an endorsement	1937
of registration on the order or agreement and give the petitioner	1938
a copy of the order or agreement that bears that proof of	1939
registration.	1940

(3) The clerk of each court of common pleas, the clerk of	1941
each municipal court, and the clerk of each county court shall	1942
maintain a registry of certified copies of temporary protection	1943
orders, protection orders, or consent agreements that have been	1944
issued or approved by courts in other counties and that have been	1945
registered with the clerk.	1946

(O) Nothing in this section prohibits the domestic relations	1947
division of a court of common pleas in counties that have a	1948
domestic relations division or a court of common pleas in counties	1949
that do not have a domestic relations division from designating a	1950
minor child as a protected party on a protection order or consent	1951
agreement.	1952

Section 2. That existing sections 2151.34, 2301.14,	1953
2303.201, 2311.14, 2335.09, 2335.11, 2903.213, 2903.214, 2919.26,	1954
2919.272, and 3113.31 of the Revised Code are hereby repealed.	1955

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Bill Text: OH HB309 | 2013-2014 | 130th General Assembly | Comm Sub

Ohio House Bill 309 (Prior Session Legislation)

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