As Introduced

128th General Assembly
Regular Session
2009-2010
H. B. No. 55


Representatives Williams, B., Combs 

Cosponsors: Representatives Bolon, Book, Boyd, Chandler, Domenick, Evans, Fende, Foley, Gerberry, Hagan, Harris, Letson, Skindell, Slesnick, Williams, S., Winburn, Yuko 

A BILL
To amend sections 959.99, 2152.19, 2903.213, 1
2903.214, 2919.26, 3113.31, 4732.141, and 4757.33 2
and to enact section 4731.284 of the Revised 3
Code to revise the penalties and sentencing 4
provisions regarding violations of the cruelty to 5
animals statutes and to include the protection of 6
companion animals in temporary protection orders, 7
domestic violence protection orders, 8
anti-stalking protection orders, and related 9
protection orders.10


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

       Section 1. That sections 959.99, 2152.19, 2903.213, 2903.214, 11
2919.26, 3113.31, 4732.141, and 4757.33 be amended and section 12
4731.284 of the Revised Code be enacted to read as follows:13

       Sec. 959.99.  (A) Whoever violates section 959.18 or 959.19 14
of the Revised Code is guilty of a minor misdemeanor.15

       (B) Except as otherwise provided in this division, whoever16
violates section 959.02 of the Revised Code is guilty of a17
misdemeanor of the second degree. If the value of the animal18
killed or the injury done amounts to three hundred dollars or19
more, whoever violates section 959.02 of the Revised Code is20
guilty of a misdemeanor of the first degree.21

       (C) Whoever violates section 959.03, 959.06, 959.12, 959.15,22
or 959.17 of the Revised Code is guilty of a misdemeanor of the23
fourth degree.24

       (D) Whoever violates division (A) of section 959.13 of the25
Revised Code is guilty of a misdemeanor of the second degree on a 26
first offense and a misdemeanor of the first degree on each 27
subsequent offense. In addition, the court may order the offender 28
to forfeit the animal or livestock and may provide for its 29
disposition, including, but not limited to, the sale of the 30
animal or livestock. If an animal or livestock is forfeited and 31
sold pursuant to this division, the proceeds from the sale first 32
shall be applied to pay the expenses incurred with regard to the 33
care of the animal from the time it was taken from the custody of 34
the former owner. The balance of the proceeds from the sale, if 35
any, shall be paid to the former owner of the animal.36

       (E)(1)(a) Whoever violates division (B) of section 959.131 of37
the Revised Code is guilty of a misdemeanor of the first degree on38
a first offense and a felony of the fifth degree on each39
subsequent offense. In addition to any other sanction imposed for 40
a felony violation of division (B) of section 959.131 of the 41
Revised Code, a court shall impose a term of basic probation 42
supervision or a term of intensive probation supervision.43

        (b) As used in division (E)(1)(a) of this section, "basic 44
probation supervision" and "intensive probation supervision" have 45
the same meanings as in section 2929.01 of the Revised Code.46

       (2) Whoever violates section 959.01 of the Revised Code or47
division (C) of section 959.131 of the Revised Code is guilty of a48
misdemeanor of the second degree on a first offense and a49
misdemeanor of the first degree on each subsequent offense.50

       (3)(a) A court may order a person who is convicted of or51
pleads guilty to a violation of section 959.131 of the Revised52
Code to forfeit to an impounding agency, as defined in section53
959.132 of the Revised Code, any or all of the companion animals54
in that person's ownership or care. The court also may prohibit or 55
place limitations on the person's ability to own or care for any56
companion animals for a specified or indefinite period of time.57

       (b) A court may order a person who is convicted of or pleads 58
guilty to a violation of section 959.131 of the Revised Code to 59
reimburse an impounding agency for the reasonably necessary costs 60
incurred by the agency for the care of a companion animal that the 61
agency impounded as a result of the investigation or prosecution 62
of the violation, provided that the costs were not otherwise paid 63
under section 959.132 of the Revised Code.64

       (4) If(a) Except as otherwise provided in division (E)(4)(b) 65
of this section, if a court has reason to believe that a person 66
who is convicted of or pleads guilty to a violation of section 67
959.131 of the Revised Code suffers from a mental or emotional68
disorder that contributed to the violation, the court may impose69
as a community control sanction or as a condition of probation a70
requirement that the offender undergo psychological evaluation or71
counseling. The court shall order the offender to pay the costs of 72
the evaluation or counseling.73

       (b) The court shall require a child under eighteen years of 74
age who is adjudicated a delinquent child under Chapter 2152. of 75
the Revised Code for a violation of division (B) of section 76
959.131 of the Revised Code to undergo psychological evaluation 77
and, if the evaluation determines that it is appropriate, to 78
undergo counseling in accordance with division (F) of section 79
2152.19 of the Revised Code.80

       (F) Whoever violates section 959.14 of the Revised Code is81
guilty of a misdemeanor of the second degree on a first offense82
and a misdemeanor of the first degree on each subsequent offense.83

       (G) Whoever violates section 959.05 or 959.20 of the Revised 84
Code is guilty of a misdemeanor of the first degree.85

       (H) Whoever violates section 959.16 of the Revised Code is86
guilty of a felony of the fourth degree foron a first offense and87
a felony of the third degree on each subsequent offense.88

       Sec. 2152.19.  (A) If a child is adjudicated a delinquent89
child, the court may make any of the following orders of90
disposition, in addition to any other disposition authorized or91
required by this chapter:92

       (1) Any order that is authorized by section 2151.353 of the93
Revised Code for the care and protection of an abused, neglected,94
or dependent child;95

       (2) Commit the child to the temporary custody of any school,96
camp, institution, or other facility operated for the care of97
delinquent children by the county, by a district organized under98
section 2152.41 or 2151.65 or 2152.41 of the Revised Code, or by a 99
private agency or organization, within or without the state, that 100
is authorized and qualified to provide the care, treatment, or101
placement required, including, but not limited to, a school, camp,102
or facility operated under section 2151.65 of the Revised Code;103

       (3) Place the child in a detention facility or district104
detention facility operated under section 2152.41 of the Revised105
Code, for up to ninety days;106

       (4) Place the child on community control under any sanctions,107
services, and conditions that the court prescribes. As a condition 108
of community control in every case and in addition to any other109
condition that it imposes upon the child, the court shall require 110
the child to abide by the law during the period of community 111
control. As referred to in this division, community control 112
includes, but is not limited to, the following sanctions and 113
conditions:114

       (a) A period of basic probation supervision in which the115
child is required to maintain contact with a person appointed to116
supervise the child in accordance with sanctions imposed by the117
court;118

       (b) A period of intensive probation supervision in which the119
child is required to maintain frequent contact with a person120
appointed by the court to supervise the child while the child is121
seeking or maintaining employment and participating in training,122
education, and treatment programs as the order of disposition;123

       (c) A period of day reporting in which the child is required124
each day to report to and leave a center or another approved125
reporting location at specified times in order to participate in126
work, education or training, treatment, and other approved127
programs at the center or outside the center;128

       (d) A period of community service of up to five hundred hours 129
for an act that would be a felony or a misdemeanor of the first 130
degree if committed by an adult, up to two hundred hours for an 131
act that would be a misdemeanor of the second, third, or fourth132
degree if committed by an adult, or up to thirty hours for an act133
that would be a minor misdemeanor if committed by an adult;134

       (e) A requirement that the child obtain a high school135
diploma, a certificate of high school equivalence, vocational136
training, or employment;137

       (f) A period of drug and alcohol use monitoring;138

       (g) A requirement of alcohol or drug assessment or139
counseling, or a period in an alcohol or drug treatment program140
with a level of security for the child as determined necessary by141
the court;142

       (h) A period in which the court orders the child to observe a 143
curfew that may involve daytime or evening hours;144

       (i) A requirement that the child serve monitored time;145

       (j) A period of house arrest without electronic monitoring or 146
continuous alcohol monitoring;147

       (k) A period of electronic monitoring or continuous alcohol 148
monitoring without house arrest, or house arrest with electronic 149
monitoring or continuous alcohol monitoring or both electronic 150
monitoring and continuous alcohol monitoring, that does not exceed 151
the maximum sentence of imprisonment that could be imposed upon an152
adult who commits the same act.153

       A period of house arrest with electronic monitoring or 154
continuous alcohol monitoring or both electronic monitoring and 155
continuous alcohol monitoring, imposed under this division shall 156
not extend beyond the child's twenty-first birthday. If a court157
imposes a period of house arrest with electronic monitoring or 158
continuous alcohol monitoring or both electronic monitoring and 159
continuous alcohol monitoring, upon a child under this division, 160
it shall require the child: to remain in the child's home or other 161
specified premises for the entire period of house arrest with 162
electronic monitoring or continuous alcohol monitoring or both 163
except when the court permits the child to leave those premises to 164
go to school or to other specified premises. Regarding electronic 165
monitoring, the court also shall require the child to be monitored 166
by a central system that can determine the child's location at 167
designated times; to report periodically to a person designated by 168
the court; and to enter into a written contract with the court 169
agreeing to comply with all requirements imposed by the court, 170
agreeing to pay any fee imposed by the court for the costs of the 171
house arrest with electronic monitoring, and agreeing to waive the 172
right to receive credit for any time served on house arrest with 173
electronic monitoring toward the period of any other dispositional 174
order imposed upon the child if the child violates any of the 175
requirements of the dispositional order of house arrest with 176
electronic monitoring. The court also may impose other reasonable 177
requirements upon the child.178

       Unless ordered by the court, a child shall not receive credit179
for any time served on house arrest with electronic monitoring or 180
continuous alcohol monitoring or both toward any other 181
dispositional order imposed upon the child for the act for which 182
was imposed the dispositional order of house arrest with 183
electronic monitoring or continuous alcohol monitoring. As used in 184
this division and division (A)(4)(l)(j) of this section, 185
"continuous alcohol monitoring" has the same meaning as in 186
section 2929.01 of the Revised Code.187

       (l) A suspension of the driver's license, probationary188
driver's license, or temporary instruction permit issued to the189
child for a period of time prescribed by the court, or a190
suspension of the registration of all motor vehicles registered in191
the name of the child for a period of time prescribed by the192
court. A child whose license or permit is so suspended is193
ineligible for issuance of a license or permit during the period194
of suspension. At the end of the period of suspension, the child195
shall not be reissued a license or permit until the child has paid196
any applicable reinstatement fee and complied with all197
requirements governing license reinstatement.198

       (5) Commit the child to the custody of the court;199

       (6) Require the child to not be absent without legitimate200
excuse from the public school the child is supposed to attend for201
five or more consecutive days, seven or more school days in one202
school month, or twelve or more school days in a school year;203

       (7)(a) If a child is adjudicated a delinquent child for being 204
a chronic truant or a habitual truant who previously has been 205
adjudicated an unruly child for being a habitual truant, do either 206
or both of the following:207

       (i) Require the child to participate in a truancy prevention208
mediation program;209

       (ii) Make any order of disposition as authorized by this210
section, except that the court shall not commit the child to a211
facility described in division (A)(2) or (3) of this section212
unless the court determines that the child violated a lawful court213
order made pursuant to division (C)(1)(e) of section 2151.354 of214
the Revised Code or division (A)(6) of this section.215

       (b) If a child is adjudicated a delinquent child for being a216
chronic truant or a habitual truant who previously has been217
adjudicated an unruly child for being a habitual truant and the218
court determines that the parent, guardian, or other person having219
care of the child has failed to cause the child's attendance at220
school in violation of section 3321.38 of the Revised Code, do221
either or both of the following:222

       (i) Require the parent, guardian, or other person having care 223
of the child to participate in a truancy prevention mediation224
program;225

       (ii) Require the parent, guardian, or other person having226
care of the child to participate in any community service program,227
preferably a community service program that requires the228
involvement of the parent, guardian, or other person having care229
of the child in the school attended by the child.230

       (8) Make any further disposition that the court finds proper,231
except that the child shall not be placed in any of the following:232

       (a) A state correctional institution, a county, multicounty,233
or municipal jail or workhouse, or another place in which an adult234
convicted of a crime, under arrest, or charged with a crime is235
held;236

       (b) A community corrections facility, if the child would be237
covered by the definition of public safety beds for purposes of238
sections 5139.41 to 5139.43 of the Revised Code if the court239
exercised its authority to commit the child to the legal custody240
of the department of youth services for institutionalization or241
institutionalization in a secure facility pursuant to this242
chapter.243

       (B) If a child is adjudicated a delinquent child, in addition 244
to any order of disposition made under division (A) of this 245
section, the court, in the following situations and for the246
specified periods of time, shall suspend the child's temporary247
instruction permit, restricted license, probationary driver's248
license, or nonresident operating privilege, or suspend the249
child's ability to obtain such a permit:250

       (1) If the child is adjudicated a delinquent child for251
violating section 2923.122 of the Revised Code, impose a class252
four suspension of the child's license, permit, or privilege from253
the range specified in division (A)(4) of section 4510.02 of the254
Revised Code or deny the child the issuance of a license or permit255
in accordance with division (F)(1) of section 2923.122 of the256
Revised Code.257

       (2) If the child is adjudicated a delinquent child for258
committing an act that if committed by an adult would be a drug259
abuse offense or for violating division (B) of section 2917.11 of260
the Revised Code, suspend the child's license, permit, or261
privilege for a period of time prescribed by the court. The court,262
in its discretion, may terminate the suspension if the child263
attends and satisfactorily completes a drug abuse or alcohol abuse264
education, intervention, or treatment program specified by the265
court. During the time the child is attending a program described 266
in this division, the court shall retain the child's temporary 267
instruction permit, probationary driver's license, or driver's268
license, and the court shall return the permit or license if it 269
terminates the suspension as described in this division.270

       (C) The court may establish a victim-offender mediation271
program in which victims and their offenders meet to discuss the272
offense and suggest possible restitution. If the court obtains the273
assent of the victim of the delinquent act committed by the child,274
the court may require the child to participate in the program.275

       (D)(1) If a child is adjudicated a delinquent child for276
committing an act that would be a felony if committed by an adult277
and if the child caused, attempted to cause, threatened to cause,278
or created a risk of physical harm to the victim of the act, the279
court, prior to issuing an order of disposition under this280
section, shall order the preparation of a victim impact statement281
by the probation department of the county in which the victim of282
the act resides, by the court's own probation department, or by a283
victim assistance program that is operated by the state, a county,284
a municipal corporation, or another governmental entity. The court285
shall consider the victim impact statement in determining the286
order of disposition to issue for the child.287

       (2) Each victim impact statement shall identify the victim of 288
the act for which the child was adjudicated a delinquent child,289
itemize any economic loss suffered by the victim as a result of290
the act, identify any physical injury suffered by the victim as a291
result of the act and the seriousness and permanence of the292
injury, identify any change in the victim's personal welfare or293
familial relationships as a result of the act and any294
psychological impact experienced by the victim or the victim's295
family as a result of the act, and contain any other information296
related to the impact of the act upon the victim that the court297
requires.298

       (3) A victim impact statement shall be kept confidential and299
is not a public record. However, the court may furnish copies of300
the statement to the department of youth services if the301
delinquent child is committed to the department or to both the302
adjudicated delinquent child or the adjudicated delinquent child's303
counsel and the prosecuting attorney. The copy of a victim impact304
statement furnished by the court to the department pursuant to305
this section shall be kept confidential and is not a public306
record. If an officer is preparing pursuant to section 2947.06 or307
2951.03 of the Revised Code or Criminal Rule 32.2 a presentence308
investigation report pertaining to a person, the court shall make309
available to the officer, for use in preparing the report, a copy310
of any victim impact statement regarding that person. The copies311
of a victim impact statement that are made available to the312
adjudicated delinquent child or the adjudicated delinquent child's313
counsel and the prosecuting attorney pursuant to this division314
shall be returned to the court by the person to whom they were315
made available immediately following the imposition of an order of316
disposition for the child under this chapter.317

       The copy of a victim impact statement that is made available318
pursuant to this division to an officer preparing a criminal319
presentence investigation report shall be returned to the court by320
the officer immediately following its use in preparing the report.321

       (4) The department of youth services shall work with local322
probation departments and victim assistance programs to develop a323
standard victim impact statement.324

       (E) If a child is adjudicated a delinquent child for being a325
chronic truant or a habitual truant who previously has been326
adjudicated an unruly child for being a habitual truant and the327
court determines that the parent, guardian, or other person having328
care of the child has failed to cause the child's attendance at329
school in violation of section 3321.38 of the Revised Code, in330
addition to any order of disposition it makes under this section,331
the court shall warn the parent, guardian, or other person having332
care of the child that any subsequent adjudication of the child as333
an unruly or delinquent child for being a habitual or chronic334
truant may result in a criminal charge against the parent,335
guardian, or other person having care of the child for a violation336
of division (C) of section 2919.21 or section 2919.24 of the337
Revised Code.338

       (F) If a child under eighteen years of age is adjudicated a 339
delinquent child for a violation of division (B) of section 340
959.131 of the Revised Code, the court, in addition to any other 341
disposition that it makes under this section, shall require the 342
child to undergo a psychological evaluation. The evaluation shall 343
determine if the child needs individual or family counseling and 344
shall make a recommendation as to the frequency and the length of 345
time that the counseling should occur. If individual or family 346
counseling is recommended by the evaluation, the court shall 347
require the counseling to take place and shall establish the 348
frequency and the length of time of the counseling. The court may 349
order the parent, guardian, or other person having care of the 350
child to pay the costs of the evaluation, any counseling, or 351
both.352

       (G)(1) During the period of a delinquent child's community353
control granted under this section, authorized probation officers354
who are engaged within the scope of their supervisory duties or355
responsibilities may search, with or without a warrant, the person356
of the delinquent child, the place of residence of the delinquent357
child, and a motor vehicle, another item of tangible or intangible358
personal property, or other real property in which the delinquent359
child has a right, title, or interest or for which the delinquent360
child has the express or implied permission of a person with a361
right, title, or interest to use, occupy, or possess if the362
probation officers have reasonable grounds to believe that the363
delinquent child is not abiding by the law or otherwise is not364
complying with the conditions of the delinquent child's community365
control. The court that places a delinquent child on community366
control under this section shall provide the delinquent child with367
a written notice that informs the delinquent child that authorized368
probation officers who are engaged within the scope of their369
supervisory duties or responsibilities may conduct those types of370
searches during the period of community control if they have371
reasonable grounds to believe that the delinquent child is not372
abiding by the law or otherwise is not complying with the373
conditions of the delinquent child's community control. The court374
also shall provide the written notice described in division375
(E)(G)(2) of this section to each parent, guardian, or custodian 376
of the delinquent child who is described in that division.377

       (2) The court that places a child on community control under378
this section shall provide the child's parent, guardian, or other379
custodian with a written notice that informs them that authorized380
probation officers may conduct searches pursuant to division381
(E)(1) of this section. The notice shall specifically state that a 382
permissible search might extend to a motor vehicle, another item383
of tangible or intangible personal property, or a place of384
residence or other real property in which a notified parent,385
guardian, or custodian has a right, title, or interest and that386
the parent, guardian, or custodian expressly or impliedly permits387
the child to use, occupy, or possess.388

       (G)(H) If a juvenile court commits a delinquent child to the389
custody of any person, organization, or entity pursuant to this390
section and if the delinquent act for which the child is so391
committed is a sexually oriented offense or is a child-victim 392
oriented offense, the court in the order of disposition shall do 393
one of the following:394

       (1) Require that the child be provided treatment as described 395
in division (A)(2) of section 5139.13 of the Revised Code;396

       (2) Inform the person, organization, or entity that it is the397
preferred course of action in this state that the child be398
provided treatment as described in division (A)(2) of section399
5139.13 of the Revised Code and encourage the person,400
organization, or entity to provide that treatment.401

       Sec. 2903.213.  (A) Except when the complaint involves a402
person who is a family or household member as defined in section403
2919.25 of the Revised Code, upon the filing of a complaint that404
alleges a violation of section 2903.11, 2903.12, 2903.13, 2903.21,405
2903.211, 2903.22, or 2911.211 of the Revised Code, a violation of 406
a municipal ordinance substantially similar to section 2903.13,407
2903.21, 2903.211, 2903.22, or 2911.211 of the Revised Code, or 408
the commission of a sexually oriented offense, the complainant, 409
the alleged victim, or a family or household member of an alleged 410
victim may file a motion that requests the issuance of a 411
protection order as a pretrial condition of release of the alleged 412
offender, in addition to any bail set under Criminal Rule 46. The 413
motion shall be filed with the clerk of the court that has 414
jurisdiction of the case at any time after the filing of the415
complaint. If the complaint involves a person who is a family or416
household member, the complainant, the alleged victim, or the417
family or household member may file a motion for a temporary418
protection order pursuant to section 2919.26 of the Revised Code.419

       (B) A motion for a protection order under this section shall420
be prepared on a form that is provided by the clerk of the court,421
and the form shall be substantially as follows:422

"Motion for Protection Order
423

............................
424

Name and address of court
425

State of Ohio426

v. No. .......... 427

.............................428

Name of Defendant429

(Name of person), moves the court to issue a protection order430
containing terms designed to ensure the safety and protection of431
the complainant or the alleged victim in the above-captioned case 432
and any companion animal that is in the complainant's or alleged 433
victim's residence, in relation to the named defendant, pursuant 434
to its authority to issue a protection order under section435
2903.213 of the Revised Code.436

       A complaint, a copy of which has been attached to this437
motion, has been filed in this court charging the named defendant438
with a violation of section 2903.11, 2903.12, 2903.13, 2903.21,439
2903.211, 2903.22, or 2911.211 of the Revised Code, a violation of 440
a municipal ordinance substantially similar to section 2903.13,441
2903.21, 2903.211, 2903.22, or 2911.211 of the Revised Code, or 442
the commission of a sexually oriented offense.443

       I understand that I must appear before the court, at a time444
set by the court not later than the next day that the court is in445
session after the filing of this motion, for a hearing on the446
motion, and that any protection order granted pursuant to this447
motion is a pretrial condition of release and is effective only448
until the disposition of the criminal proceeding arising out of449
the attached complaint or until the issuance under section450
2903.214 of the Revised Code of a protection order arising out of451
the same activities as those that were the basis of the attached452
complaint.453

.....................................454

Signature of person455

.....................................456

Address of person"457

       (C)(1) As soon as possible after the filing of a motion that458
requests the issuance of a protection order under this section,459
but not later than the next day that the court is in session after460
the filing of the motion, the court shall conduct a hearing to461
determine whether to issue the order. The person who requested the 462
order shall appear before the court and provide the court with the463
information that it requests concerning the basis of the motion.464
If the court finds that the safety and protection of the465
complainant or the alleged victim may be impaired by the continued466
presence of the alleged offender, the court may issue a protection467
order under this section, as a pretrial condition of release, that468
contains terms designed to ensure the safety and protection of the469
complainant or the alleged victim, including a requirement that470
the alleged offender refrain from entering the residence, school,471
business, or place of employment of the complainant or the alleged472
victim. The court may include within the scope of a protection 473
order issued under this section any companion animal that is in 474
the complainant's or alleged victim's residence.475

       (2)(a) If the court issues a protection order under this476
section that includes a requirement that the alleged offender477
refrain from entering the residence, school, business, or place of478
employment of the complainant or the alleged victim, the order479
shall clearly state that the order cannot be waived or nullified480
by an invitation to the alleged offender from the complainant, the481
alleged victim, or a family or household member to enter the482
residence, school, business, or place of employment or by the483
alleged offender's entry into one of those places otherwise upon484
the consent of the complainant, the alleged victim, or a family or485
household member.486

       (b) Division (C)(2)(a) of this section does not limit any487
discretion of a court to determine that an alleged offender488
charged with a violation of section 2919.27 of the Revised Code,489
with a violation of a municipal ordinance substantially equivalent490
to that section, or with contempt of court, which charge is based491
on an alleged violation of a protection order issued under this492
section, did not commit the violation or was not in contempt of493
court.494

       (D)(1) Except when the complaint involves a person who is a495
family or household member as defined in section 2919.25 of the496
Revised Code, upon the filing of a complaint that alleges a497
violation specified in division (A) of this section, the court,498
upon its own motion, may issue a protection order under this499
section as a pretrial condition of release of the alleged offender500
if it finds that the safety and protection of the complainant or501
the alleged victim may be impaired by the continued presence of502
the alleged offender. The court may include within the scope of a 503
protection order issued under this section any companion animal 504
that is in the complainant's or alleged victim's residence.505

       (2) If the court issues a protection order under this section 506
as an ex parte order, it shall conduct, as soon as possible after 507
the issuance of the order but not later than the next day that the 508
court is in session after its issuance, a hearing to determine 509
whether the order should remain in effect, be modified, or be 510
revoked. The hearing shall be conducted under the standards set 511
forth in division (C) of this section.512

       (3) If a municipal court or a county court issues a513
protection order under this section and if, subsequent to the514
issuance of the order, the alleged offender who is the subject of515
the order is bound over to the court of common pleas for516
prosecution of a felony arising out of the same activities as517
those that were the basis of the complaint upon which the order is518
based, notwithstanding the fact that the order was issued by a519
municipal court or county court, the order shall remain in effect,520
as though it were an order of the court of common pleas, while the521
charges against the alleged offender are pending in the court of522
common pleas, for the period of time described in division (E)(2)523
of this section, and the court of common pleas has exclusive524
jurisdiction to modify the order issued by the municipal court or525
county court. This division applies when the alleged offender is526
bound over to the court of common pleas as a result of the person527
waiving a preliminary hearing on the felony charge, as a result of528
the municipal court or county court having determined at a529
preliminary hearing that there is probable cause to believe that530
the felony has been committed and that the alleged offender531
committed it, as a result of the alleged offender having been532
indicted for the felony, or in any other manner.533

       (E) A protection order that is issued as a pretrial condition 534
of release under this section:535

       (1) Is in addition to, but shall not be construed as a part536
of, any bail set under Criminal Rule 46;537

       (2) Is effective only until the disposition, by the court538
that issued the order or, in the circumstances described in539
division (D)(3) of this section, by the court of common pleas to540
which the alleged offender is bound over for prosecution, of the541
criminal proceeding arising out of the complaint upon which the542
order is based or until the issuance under section 2903.214 of the543
Revised Code of a protection order arising out of the same544
activities as those that were the basis of the complaint filed545
under this section;546

       (3) Shall not be construed as a finding that the alleged547
offender committed the alleged offense and shall not be introduced548
as evidence of the commission of the offense at the trial of the549
alleged offender on the complaint upon which the order is based.550

       (F) A person who meets the criteria for bail under Criminal551
Rule 46 and who, if required to do so pursuant to that rule,552
executes or posts bond or deposits cash or securities as bail,553
shall not be held in custody pending a hearing before the court on554
a motion requesting a protection order under this section.555

       (G)(1) A copy of a protection order that is issued under this 556
section shall be issued by the court to the complainant, to the 557
alleged victim, to the person who requested the order, to the558
defendant, and to all law enforcement agencies that have559
jurisdiction to enforce the order. The court shall direct that a560
copy of the order be delivered to the defendant on the same day561
that the order is entered. If a municipal court or a county court562
issues a protection order under this section and if, subsequent to563
the issuance of the order, the defendant who is the subject of the564
order is bound over to the court of common pleas for prosecution565
as described in division (D)(3) of this section, the municipal566
court or county court shall direct that a copy of the order be567
delivered to the court of common pleas to which the defendant is568
bound over.569

       (2) Upon the issuance of a protection order under this 570
section, the court shall provide the parties to the order with the 571
following notice orally or by form:572

"NOTICE
573

       If you are convicted of a misdemeanor crime involving 574
violence in which you are or were a spouse, intimate partner, 575
parent, or guardian of the victim or are or were involved in 576
another, similar relationship with the victim, it may be unlawful 577
for you to possess or purchase a firearm, including a rifle, 578
pistol, or revolver, or ammunition pursuant to federal law under 579
18 U.S.C. 922(g)(9). If you have any questions whether this law 580
makes it illegal for you to possess or purchase a firearm or 581
ammunition, you should consult an attorney."582

        (3) All law enforcement agencies shall establish and maintain 583
an index for the protection orders delivered to the agencies 584
pursuant to division (G)(1) of this section. With respect to each 585
order delivered, each agency shall note on the index the date and 586
time of the agency's receipt of the order.587

       (4) Regardless of whether the petitioner has registered the588
protection order in the county in which the officer's agency has589
jurisdiction, any officer of a law enforcement agency shall590
enforce a protection order issued pursuant to this section in591
accordance with the provisions of the order.592

       (H) Upon a violation of a protection order issued pursuant to 593
this section, the court may issue another protection order under594
this section, as a pretrial condition of release, that modifies 595
the terms of the order that was violated.596

       (I) Notwithstanding any provision of law to the contrary and597
regardless of whether a protection order is issued or a consent598
agreement is approved by a court of another county or by a court599
of another state, no court or unit of state or local government600
shall charge any fee, cost, deposit, or money in connection with 601
the filing of a motion pursuant to this section, in connection 602
with the filing, issuance, registration, or service of a 603
protection order or consent agreement, or for obtaining certified 604
copies of a protection order or consent agreement.605

       (J) As used in this section, "sexually:606

       (1) "Sexually oriented offense" has the same meaning as in 607
section 2950.01 of the Revised Code.608

       (2) "Companion animal" has the same meaning as in section 609
959.131 of the Revised Code.610

       Sec. 2903.214.  (A) As used in this section:611

       (1) "Court" means the court of common pleas of the county in612
which the person to be protected by the protection order resides.613

       (2) "Victim advocate" means a person who provides support and 614
assistance for a person who files a petition under this section.615

       (3) "Family or household member" has the same meaning as in616
section 3113.31 of the Revised Code.617

       (4) "Protection order issued by a court of another state" has 618
the same meaning as in section 2919.27 of the Revised Code.619

       (5) "Sexually oriented offense" has the same meaning as in 620
section 2950.01 of the Revised Code.621

       (6) "Electronic monitoring" has the same meaning as in 622
section 2929.01 of the Revised Code.623

       (7) "Companion animal" has the same meaning as in section 624
959.131 of the Revised Code.625

       (B) The court has jurisdiction over all proceedings under626
this section.627

       (C) A person may seek relief under this section for the628
person, or any parent or adult household member may seek relief629
under this section on behalf of any other family or household630
member, by filing a petition with the court. The petition shall631
contain or state all of the following:632

       (1) An allegation that the respondent engaged in a violation633
of section 2903.211 of the Revised Code against the person to be634
protected by the protection order or committed a sexually oriented 635
offense against the person to be protected by the protection 636
order, including a description of the nature and extent of the 637
violation;638

       (2) If the petitioner seeks relief in the form of electronic 639
monitoring of the respondent, an allegation that at any time 640
preceding the filing of the petition the respondent engaged in 641
conduct that would cause a reasonable person to believe that the 642
health, welfare, or safety of the person to be protected was at 643
risk, a description of the nature and extent of that conduct, and 644
an allegation that the respondent presents a continuing danger to 645
the person to be protected;646

       (3) A request for relief under this section.647

       (D)(1) If a person who files a petition pursuant to this648
section requests an ex parte order, the court shall hold an ex649
parte hearing as soon as possible after the petition is filed, but650
not later than the next day that the court is in session after the651
petition is filed. The court, for good cause shown at the ex652
parte hearing, may enter any temporary orders, with or without653
bond, that the court finds necessary for the safety and protection654
of the person to be protected by the order. Immediate and present655
danger to the person to be protected by the protection order656
constitutes good cause for purposes of this section. Immediate and657
present danger includes, but is not limited to, situations in658
which the respondent has threatened the person to be protected by659
the protection order with bodily harm or in which the respondent660
previously has been convicted of or pleaded guilty to a violation661
of section 2903.211 of the Revised Code or a sexually oriented 662
offense against the person to be protected by the protection 663
order.664

       (2)(a) If the court, after an ex parte hearing, issues a665
protection order described in division (E) of this section, the666
court shall schedule a full hearing for a date that is within ten667
court days after the ex parte hearing. The court shall give the668
respondent notice of, and an opportunity to be heard at, the full669
hearing. The court shall hold the full hearing on the date670
scheduled under this division unless the court grants a671
continuance of the hearing in accordance with this division. Under 672
any of the following circumstances or for any of the following 673
reasons, the court may grant a continuance of the full hearing to 674
a reasonable time determined by the court:675

       (i) Prior to the date scheduled for the full hearing under676
this division, the respondent has not been served with the677
petition filed pursuant to this section and notice of the full678
hearing.679

       (ii) The parties consent to the continuance.680

       (iii) The continuance is needed to allow a party to obtain681
counsel.682

       (iv) The continuance is needed for other good cause.683

       (b) An ex parte order issued under this section does not684
expire because of a failure to serve notice of the full hearing685
upon the respondent before the date set for the full hearing under686
division (D)(2)(a) of this section or because the court grants a687
continuance under that division.688

       (3) If a person who files a petition pursuant to this section689
does not request an ex parte order, or if a person requests an ex690
parte order but the court does not issue an ex parte order after691
an ex parte hearing, the court shall proceed as in a normal civil692
action and grant a full hearing on the matter.693

       (E)(1)(a) After an ex parte or full hearing, the court may694
issue any protection order, with or without bond, that contains695
terms designed to ensure the safety and protection of the person696
to be protected by the protection order, including, but not697
limited to, a requirement that the respondent refrain from698
entering the residence, school, business, or place of employment699
of the petitioner or family or household member. If the court700
includes a requirement that the respondent refrain from entering701
the residence, school, business, or place of employment of the702
petitioner or family or household member in the order, it also703
shall include in the order provisions of the type described in704
division (E)(5) of this section. The court may include within the 705
scope of a protection order issued under this section any 706
companion animal that is in the residence of the person to be 707
protected.708

       (b) After a full hearing, if the court considering a petition 709
that includes an allegation of the type described in division 710
(C)(2) of this section, or the court upon its own motion, finds 711
upon clear and convincing evidence that the petitioner reasonably 712
believed that the respondent's conduct at any time preceding the 713
filing of the petition endangered the health, welfare, or safety 714
of the person to be protected and that the respondent presents a 715
continuing danger to the person to be protected, the court may 716
order that the respondent be electronically monitored for a period 717
of time and under the terms and conditions that the court 718
determines are appropriate. Electronic monitoring shall be in 719
addition to any other relief granted to the petitioner.720

       (2)(a) Any protection order issued pursuant to this section721
shall be valid until a date certain but not later than five years722
from the date of its issuance.723

       (b) Any protection order issued pursuant to this section may724
be renewed in the same manner as the original order was issued.725

       (3) A court may not issue a protection order that requires a726
petitioner to do or to refrain from doing an act that the court727
may require a respondent to do or to refrain from doing under728
division (E)(1) of this section unless all of the following apply:729

       (a) The respondent files a separate petition for a protection730
order in accordance with this section.731

       (b) The petitioner is served with notice of the respondent's732
petition at least forty-eight hours before the court holds a733
hearing with respect to the respondent's petition, or the734
petitioner waives the right to receive this notice.735

       (c) If the petitioner has requested an ex parte order736
pursuant to division (D) of this section, the court does not delay737
any hearing required by that division beyond the time specified in738
that division in order to consolidate the hearing with a hearing739
on the petition filed by the respondent.740

       (d) After a full hearing at which the respondent presents741
evidence in support of the request for a protection order and the742
petitioner is afforded an opportunity to defend against that743
evidence, the court determines that the petitioner has committed a744
violation of section 2903.211 of the Revised Code against the745
person to be protected by the protection order issued pursuant to746
this section, has committed a sexually oriented offense against 747
the person to be protected by the protection order, or has 748
violated a protection order issued pursuant to section 2903.213 of 749
the Revised Code relative to the person to be protected by the 750
protection order issued pursuant to this section.751

       (4) No protection order issued pursuant to this section shall 752
in any manner affect title to any real property.753

       (5)(a) If the court issues a protection order under this754
section that includes a requirement that the alleged offender755
refrain from entering the residence, school, business, or place of756
employment of the petitioner or a family or household member, the757
order shall clearly state that the order cannot be waived or758
nullified by an invitation to the alleged offender from the759
complainant to enter the residence, school, business, or place of760
employment or by the alleged offender's entry into one of those761
places otherwise upon the consent of the petitioner or family or762
household member.763

       (b) Division (E)(5)(a) of this section does not limit any764
discretion of a court to determine that an alleged offender765
charged with a violation of section 2919.27 of the Revised Code,766
with a violation of a municipal ordinance substantially equivalent767
to that section, or with contempt of court, which charge is based768
on an alleged violation of a protection order issued under this769
section, did not commit the violation or was not in contempt of770
court.771

       (F)(1) The court shall cause the delivery of a copy of any772
protection order that is issued under this section to the773
petitioner, to the respondent, and to all law enforcement agencies774
that have jurisdiction to enforce the order. The court shall775
direct that a copy of the order be delivered to the respondent on776
the same day that the order is entered.777

       (2) Upon the issuance of a protection order under this 778
section, the court shall provide the parties to the order with the 779
following notice orally or by form:780

"NOTICE
781

       As a result of this order, it may be unlawful for you to 782
possess or purchase a firearm, including a rifle, pistol, or 783
revolver, or ammunition pursuant to federal law under 18 U.S.C. 784
922(g)(8). If you have any questions whether this law makes it 785
illegal for you to possess or purchase a firearm or ammunition, 786
you should consult an attorney."787

       (3) All law enforcement agencies shall establish and maintain 788
an index for the protection orders delivered to the agencies 789
pursuant to division (F)(1) of this section. With respect to each 790
order delivered, each agency shall note on the index the date and 791
time that it received the order.792

       (4) Regardless of whether the petitioner has registered the793
protection order in the county in which the officer's agency has794
jurisdiction pursuant to division (M) of this section, any 795
officer of a law enforcement agency shall enforce a protection 796
order issued pursuant to this section by any court in this state 797
in accordance with the provisions of the order, including removing798
the respondent from the premises, if appropriate.799

       (G) Any proceeding under this section shall be conducted in800
accordance with the Rules of Civil Procedure, except that a801
protection order may be obtained under this section with or802
without bond. An order issued under this section, other than an803
ex parte order, that grants a protection order, or that refuses to804
grant a protection order, is a final, appealable order. The805
remedies and procedures provided in this section are in addition806
to, and not in lieu of, any other available civil or criminal807
remedies.808

       (H) The filing of proceedings under this section does not809
excuse a person from filing any report or giving any notice810
required by section 2151.421 of the Revised Code or by any other811
law.812

       (I) Any law enforcement agency that investigates an alleged813
violation of section 2903.211 of the Revised Code or an alleged 814
commission of a sexually oriented offense shall provide815
information to the victim and the family or household members of816
the victim regarding the relief available under this section and817
section 2903.213 of the Revised Code.818

       (J) Notwithstanding any provision of law to the contrary and819
regardless of whether a protection order is issued or a consent820
agreement is approved by a court of another county or by a court821
of another state, no court or unit of state or local government822
shall charge any fee, cost, deposit, or money in connection with 823
the filing of a petition pursuant to this section, in connection 824
with the filing, issuance, registration, or service of a 825
protection order or consent agreement, or for obtaining a826
certified copy of a protection order or consent agreement.827

       (K)(1) A person who violates a protection order issued under828
this section is subject to the following sanctions:829

       (a) Criminal prosecution for a violation of section 2919.27830
of the Revised Code, if the violation of the protection order831
constitutes a violation of that section;832

       (b) Punishment for contempt of court.833

       (2) The punishment of a person for contempt of court for834
violation of a protection order issued under this section does not835
bar criminal prosecution of the person for a violation of section836
2919.27 of the Revised Code. However, a person punished for837
contempt of court is entitled to credit for the punishment imposed838
upon conviction of a violation of that section, and a person839
convicted of a violation of that section shall not subsequently be840
punished for contempt of court arising out of the same activity.841

       (L) In all stages of a proceeding under this section, a842
petitioner may be accompanied by a victim advocate.843

       (M)(1) A petitioner who obtains a protection order under this 844
section or a protection order under section 2903.213 of the845
Revised Code may provide notice of the issuance or approval of the846
order to the judicial and law enforcement officials in any county847
other than the county in which the order is issued by registering848
that order in the other county pursuant to division (M)(2) of this849
section and filing a copy of the registered order with a law850
enforcement agency in the other county in accordance with that851
division. A person who obtains a protection order issued by a852
court of another state may provide notice of the issuance of the853
order to the judicial and law enforcement officials in any county854
of this state by registering the order in that county pursuant to855
section 2919.272 of the Revised Code and filing a copy of the856
registered order with a law enforcement agency in that county.857

       (2) A petitioner may register a protection order issued858
pursuant to this section or section 2903.213 of the Revised Code859
in a county other than the county in which the court that issued860
the order is located in the following manner:861

       (a) The petitioner shall obtain a certified copy of the order862
from the clerk of the court that issued the order and present that 863
certified copy to the clerk of the court of common pleas or the 864
clerk of a municipal court or county court in the county in which 865
the order is to be registered.866

       (b) Upon accepting the certified copy of the order for867
registration, the clerk of the court of common pleas, municipal868
court, or county court shall place an endorsement of registration869
on the order and give the petitioner a copy of the order that870
bears that proof of registration.871

       (3) The clerk of each court of common pleas, municipal court, 872
or county court shall maintain a registry of certified copies of873
protection orders that have been issued by courts in other 874
counties pursuant to this section or section 2903.213 of the875
Revised Code and that have been registered with the clerk.876

       (N) If the court orders electronic monitoring of the 877
respondent under this section, the court shall direct the 878
sheriff's office or any other appropriate law enforcement agency 879
to install the electronic monitoring device and to monitor the 880
respondent. Unless the court determines that the respondent is 881
indigent, the court shall order the respondent to pay the cost of 882
the installation and monitoring of the electronic monitoring 883
device. If the court determines that the respondent is indigent, 884
the cost of the installation and monitoring of the electronic 885
monitoring device shall be paid out of funds from the reparations 886
fund created pursuant to section 2743.191 of the Revised Code.887

       Sec. 2919.26.  (A)(1) Upon the filing of a complaint that888
alleges a violation of section 2909.06, 2909.07, 2911.12, or889
2911.211 of the Revised Code if the alleged victim of the 890
violation was a family or household member at the time of the 891
violation, a violation of a municipal ordinance that is 892
substantially similar to any of those sections if the alleged 893
victim of the violation was a family or household member at the 894
time of the violation, any offense of violence if the alleged 895
victim of the offense was a family or household member at the time 896
of the commission of the offense, or any sexually oriented offense 897
if the alleged victim of the offense was a family or household 898
member at the time of the commission of the offense, the899
complainant, the alleged victim, or a family or household member 900
of an alleged victim may file, or, if in an emergency the alleged 901
victim is unable to file, a person who made an arrest for the 902
alleged violation or offense under section 2935.03 of the Revised 903
Code may file on behalf of the alleged victim, a motion that 904
requests the issuance of a temporary protection order as a 905
pretrial condition of release of the alleged offender, in addition 906
to any bail set under Criminal Rule 46. The motion shall be filed 907
with the clerk of the court that has jurisdiction of the case at 908
any time after the filing of the complaint.909

       (2) For purposes of section 2930.09 of the Revised Code, all910
stages of a proceeding arising out of a complaint alleging the 911
commission of a violation, offense of violence, or sexually 912
oriented offense described in division (A)(1) of this section, 913
including all proceedings on a motion for a temporary protection914
order, are critical stages of the case, and a victim may be 915
accompanied by a victim advocate or another person to provide 916
support to the victim as provided in that section.917

       (B) The motion shall be prepared on a form that is provided918
by the clerk of the court, which form shall be substantially as919
follows:920

"MOTION FOR TEMPORARY PROTECTION ORDER
921

.......................... Court
922

Name and address of court
923

State of Ohio924

v. No. .......... 925

..........................................926

Name of Defendant927

(name of person), moves the court to issue a temporary protection928
order containing terms designed to ensure the safety and929
protection of the complainant, alleged victim, and other family or930
household members, and any companion animal that is in the 931
complainant's or alleged victim's residence, in relation to the 932
named defendant, pursuant to its authority to issue such an order 933
under section 2919.26 of the Revised Code.934

       A complaint, a copy of which has been attached to this935
motion, has been filed in this court charging the named defendant936
with .......................... (name of the specified violation, 937
the offense of violence, or sexually oriented offense charged) in 938
circumstances in which the victim was a family or household member 939
in violation of (section of the Revised Code designating the 940
specified violation, offense of violence, or sexually oriented 941
offense charged), or charging the named defendant with a violation 942
of a municipal ordinance that is substantially similar to 943
........................ (section of the Revised Code designating 944
the specified violation, offense of violence, or sexually oriented 945
offense charged) involving a family or household member.946

       I understand that I must appear before the court, at a time947
set by the court within twenty-four hours after the filing of this948
motion, for a hearing on the motion or that, if I am unable to949
appear because of hospitalization or a medical condition resulting950
from the offense alleged in the complaint, a person who can951
provide information about my need for a temporary protection order952
must appear before the court in lieu of my appearing in court. I953
understand that any temporary protection order granted pursuant to954
this motion is a pretrial condition of release and is effective955
only until the disposition of the criminal proceeding arising out956
of the attached complaint, or the issuance of a civil protection957
order or the approval of a consent agreement, arising out of the958
same activities as those that were the basis of the complaint,959
under section 3113.31 of the Revised Code.960

..........................................961

Signature of person962

(or signature of the arresting officer who filed the motion on963
behalf of the alleged victim)964

..........................................965

Address of person (or office address of the arresting officer who966
filed the motion on behalf of the alleged victim)"967

       (C)(1) As soon as possible after the filing of a motion that968
requests the issuance of a temporary protection order, but not969
later than twenty-four hours after the filing of the motion, the970
court shall conduct a hearing to determine whether to issue the971
order. The person who requested the order shall appear before the972
court and provide the court with the information that it requests973
concerning the basis of the motion. If the person who requested974
the order is unable to appear and if the court finds that the975
failure to appear is because of the person's hospitalization or976
medical condition resulting from the offense alleged in the977
complaint, another person who is able to provide the court with978
the information it requests may appear in lieu of the person who979
requested the order. If the court finds that the safety and980
protection of the complainant, alleged victim, or any other family981
or household member of the alleged victim may be impaired by the982
continued presence of the alleged offender, the court may issue a983
temporary protection order, as a pretrial condition of release,984
that contains terms designed to ensure the safety and protection985
of the complainant, alleged victim, or the family or household986
member, including a requirement that the alleged offender refrain987
from entering the residence, school, business, or place of988
employment of the complainant, alleged victim, or the family or989
household member. The court may include within the scope of a 990
protection order issued under this section any companion animal 991
that is in the complainant's or alleged victim's residence.992

       (2)(a) If the court issues a temporary protection order that993
includes a requirement that the alleged offender refrain from994
entering the residence, school, business, or place of employment995
of the complainant, the alleged victim, or the family or household996
member, the order shall state clearly that the order cannot be997
waived or nullified by an invitation to the alleged offender from998
the complainant, alleged victim, or family or household member to999
enter the residence, school, business, or place of employment or1000
by the alleged offender's entry into one of those places otherwise1001
upon the consent of the complainant, alleged victim, or family or1002
household member.1003

       (b) Division (C)(2)(a) of this section does not limit any1004
discretion of a court to determine that an alleged offender1005
charged with a violation of section 2919.27 of the Revised Code,1006
with a violation of a municipal ordinance substantially equivalent1007
to that section, or with contempt of court, which charge is based1008
on an alleged violation of a temporary protection order issued1009
under this section, did not commit the violation or was not in1010
contempt of court.1011

       (D)(1) Upon the filing of a complaint that alleges a 1012
violation of section 2909.06, 2909.07, 2911.12, or 2911.211 of the 1013
Revised Code if the alleged victim of the violation was a family 1014
or household member at the time of the violation, a violation of a 1015
municipal ordinance that is substantially similar to any of those 1016
sections if the alleged victim of the violation was a family or 1017
household member at the time of the violation, any offense of 1018
violence if the alleged victim of the offense was a family or 1019
household member at the time of the commission of the offense, or 1020
any sexually oriented offense if the alleged victim of the offense 1021
was a family or household member at the time of the commission of 1022
the offense, the court, upon its own motion, may issue a temporary 1023
protection order as a pretrial condition of release if it finds 1024
that the safety and protection of the complainant, alleged victim, 1025
or other family or household member of the alleged offender may be 1026
impaired by the continued presence of the alleged offender. The 1027
court may include within the scope of a protection order issued 1028
under this section any companion animal that is in the 1029
complainant's or alleged victim's residence.1030

       (2) If the court issues a temporary protection order under1031
this section as an ex parte order, it shall conduct, as soon as1032
possible after the issuance of the order, a hearing in the1033
presence of the alleged offender not later than the next day on1034
which the court is scheduled to conduct business after the day on1035
which the alleged offender was arrested or at the time of the1036
appearance of the alleged offender pursuant to summons to1037
determine whether the order should remain in effect, be modified,1038
or be revoked. The hearing shall be conducted under the standards1039
set forth in division (C) of this section.1040

       (3) An order issued under this section shall contain only1041
those terms authorized in orders issued under division (C) of this1042
section.1043

       (4) If a municipal court or a county court issues a temporary 1044
protection order under this section and if, subsequent to the 1045
issuance of the order, the alleged offender who is the subject of 1046
the order is bound over to the court of common pleas for 1047
prosecution of a felony arising out of the same activities as1048
those that were the basis of the complaint upon which the order is1049
based, notwithstanding the fact that the order was issued by a1050
municipal court or county court, the order shall remain in effect,1051
as though it were an order of the court of common pleas, while the1052
charges against the alleged offender are pending in the court of1053
common pleas, for the period of time described in division (E)(2)1054
of this section, and the court of common pleas has exclusive1055
jurisdiction to modify the order issued by the municipal court or1056
county court. This division applies when the alleged offender is1057
bound over to the court of common pleas as a result of the person1058
waiving a preliminary hearing on the felony charge, as a result of1059
the municipal court or county court having determined at a1060
preliminary hearing that there is probable cause to believe that1061
the felony has been committed and that the alleged offender1062
committed it, as a result of the alleged offender having been1063
indicted for the felony, or in any other manner.1064

       (E) A temporary protection order that is issued as a pretrial 1065
condition of release under this section:1066

       (1) Is in addition to, but shall not be construed as a part1067
of, any bail set under Criminal Rule 46;1068

       (2) Is effective only until the occurrence of either of the1069
following:1070

       (a) The disposition, by the court that issued the order or,1071
in the circumstances described in division (D)(4) of this section,1072
by the court of common pleas to which the alleged offender is1073
bound over for prosecution, of the criminal proceeding arising out1074
of the complaint upon which the order is based;1075

       (b) The issuance of a protection order or the approval of a1076
consent agreement, arising out of the same activities as those1077
that were the basis of the complaint upon which the order is1078
based, under section 3113.31 of the Revised Code;1079

       (3) Shall not be construed as a finding that the alleged1080
offender committed the alleged offense, and shall not be1081
introduced as evidence of the commission of the offense at the1082
trial of the alleged offender on the complaint upon which the1083
order is based.1084

       (F) A person who meets the criteria for bail under Criminal1085
Rule 46 and who, if required to do so pursuant to that rule,1086
executes or posts bond or deposits cash or securities as bail,1087
shall not be held in custody pending a hearing before the court on1088
a motion requesting a temporary protection order.1089

       (G)(1) A copy of any temporary protection order that is1090
issued under this section shall be issued by the court to the1091
complainant, to the alleged victim, to the person who requested1092
the order, to the defendant, and to all law enforcement agencies1093
that have jurisdiction to enforce the order. The court shall1094
direct that a copy of the order be delivered to the defendant on1095
the same day that the order is entered. If a municipal court or a1096
county court issues a temporary protection order under this1097
section and if, subsequent to the issuance of the order, the1098
defendant who is the subject of the order is bound over to the1099
court of common pleas for prosecution as described in division1100
(D)(4) of this section, the municipal court or county court shall1101
direct that a copy of the order be delivered to the court of1102
common pleas to which the defendant is bound over.1103

       (2) Upon the issuance of a protection order under this 1104
section, the court shall provide the parties to the order with the 1105
following notice orally or by form:1106

"NOTICE
1107

       If you are convicted of a misdemeanor crime involving 1108
violence in which you are or were a spouse, intimate partner, 1109
parent, or guardian of the victim or are or were involved in 1110
another, similar relationship with the victim, it may be unlawful 1111
for you to possess or purchase a firearm, including a rifle, 1112
pistol, or revolver, or ammunition pursuant to federal law under 1113
18 U.S.C. 922(g)(9). If you have any questions whether this law 1114
makes it illegal for you to possess or purchase a firearm or 1115
ammunition, you should consult an attorney."1116

       (3) All law enforcement agencies shall establish and maintain 1117
an index for the temporary protection orders delivered to the 1118
agencies pursuant to division (G)(1) of this section. With1119
respect to each order delivered, each agency shall note on the1120
index, the date and time of the receipt of the order by the1121
agency.1122

       (4) A complainant, alleged victim, or other person who1123
obtains a temporary protection order under this section may1124
provide notice of the issuance of the temporary protection order1125
to the judicial and law enforcement officials in any county other1126
than the county in which the order is issued by registering that1127
order in the other county in accordance with division (N) of1128
section 3113.31 of the Revised Code and filing a copy of the1129
registered protection order with a law enforcement agency in the1130
other county in accordance with that division.1131

       (5) Any officer of a law enforcement agency shall enforce a1132
temporary protection order issued by any court in this state in1133
accordance with the provisions of the order, including removing1134
the defendant from the premises, regardless of whether the order1135
is registered in the county in which the officer's agency has1136
jurisdiction as authorized by division (G)(4) of this section.1137

       (H) Upon a violation of a temporary protection order, the1138
court may issue another temporary protection order, as a pretrial1139
condition of release, that modifies the terms of the order that1140
was violated.1141

       (I)(1) As used in divisions (I)(1) and (2) of this section,1142
"defendant" means a person who is alleged in a complaint to have1143
committed a violation, offense of violence, or sexually oriented 1144
offense of the type described in division (A) of this section.1145

       (2) If a complaint is filed that alleges that a person1146
committed a violation, offense of violence, or sexually oriented 1147
offense of the type described in division (A) of this section, the 1148
court may not issue a temporary protection order under this 1149
section that requires the complainant, the alleged victim, or 1150
another family or household member of the defendant to do or1151
refrain from doing an act that the court may require the defendant 1152
to do or refrain from doing under a temporary protection order 1153
unless both of the following apply:1154

       (a) The defendant has filed a separate complaint that alleges 1155
that the complainant, alleged victim, or other family or household 1156
member in question who would be required under the order to do or 1157
refrain from doing the act committed a violation or offense of 1158
violence of the type described in division (A) of this section.1159

       (b) The court determines that both the complainant, alleged1160
victim, or other family or household member in question who would1161
be required under the order to do or refrain from doing the act1162
and the defendant acted primarily as aggressors, that neither the1163
complainant, alleged victim, or other family or household member1164
in question who would be required under the order to do or refrain1165
from doing the act nor the defendant acted primarily in1166
self-defense, and, in accordance with the standards and criteria1167
of this section as applied in relation to the separate complaint1168
filed by the defendant, that it should issue the order to require1169
the complainant, alleged victim, or other family or household1170
member in question to do or refrain from doing the act.1171

       (J) Notwithstanding any provision of law to the contrary and1172
regardless of whether a protection order is issued or a consent1173
agreement is approved by a court of another county or a court of1174
another state, no court or unit of state or local government shall1175
charge any fee, cost, deposit, or money in connection with the 1176
filing of a motion pursuant to this section, in connection with 1177
the filing, issuance, registration, or service of a protection 1178
order or consent agreement, or for obtaining a certified copy of a 1179
protection order or consent agreement.1180

       (K) As used in this section:1181

       (1) "Companion animal" has the same meaning as in section 1182
959.131 of the Revised Code.1183

       (2) "Sexually oriented offense" has the same meaning as in 1184
section 2950.01 of the Revised Code.1185

       (2)(3) "Victim advocate" means a person who provides support 1186
and assistance for a victim of an offense during court 1187
proceedings.1188

       Sec. 3113.31.  (A) As used in this section:1189

       (1) "Domestic violence" means the occurrence of one or more1190
of the following acts against a family or household member:1191

       (a) Attempting to cause or recklessly causing bodily injury;1192

       (b) Placing another person by the threat of force in fear of1193
imminent serious physical harm or committing a violation of1194
section 2903.211 or 2911.211 of the Revised Code;1195

       (c) Committing any act with respect to a child that would1196
result in the child being an abused child, as defined in section1197
2151.031 of the Revised Code;1198

       (d) Committing a sexually oriented offense.1199

       (2) "Court" means the domestic relations division of the1200
court of common pleas in counties that have a domestic relations1201
division, and the court of common pleas in counties that do not1202
have a domestic relations division.1203

       (3) "Family or household member" means any of the following:1204

       (a) Any of the following who is residing with or has resided1205
with the respondent:1206

       (i) A spouse, a person living as a spouse, or a former spouse 1207
of the respondent;1208

       (ii) A parent or a child of the respondent, or another person 1209
related by consanguinity or affinity to the respondent;1210

       (iii) A parent or a child of a spouse, person living as a1211
spouse, or former spouse of the respondent, or another person1212
related by consanguinity or affinity to a spouse, person living as1213
a spouse, or former spouse of the respondent.1214

       (b) The natural parent of any child of whom the respondent is 1215
the other natural parent or is the putative other natural parent.1216

       (4) "Person living as a spouse" means a person who is living1217
or has lived with the respondent in a common law marital1218
relationship, who otherwise is cohabiting with the respondent, or1219
who otherwise has cohabited with the respondent within five years1220
prior to the date of the alleged occurrence of the act in1221
question.1222

       (5) "Victim advocate" means a person who provides support and 1223
assistance for a person who files a petition under this section.1224

       (6) "Sexually oriented offense" has the same meaning as in 1225
section 2950.01 of the Revised Code.1226

       (7) "Companion animal" has the same meaning as in section 1227
959.131 of the Revised Code.1228

       (B) The court has jurisdiction over all proceedings under1229
this section. The petitioner's right to relief under this section1230
is not affected by the petitioner's leaving the residence or1231
household to avoid further domestic violence.1232

       (C) A person may seek relief under this section on the1233
person's own behalf, or any parent or adult household member may1234
seek relief under this section on behalf of any other family or1235
household member, by filing a petition with the court. The1236
petition shall contain or state:1237

       (1) An allegation that the respondent engaged in domestic1238
violence against a family or household member of the respondent,1239
including a description of the nature and extent of the domestic1240
violence;1241

       (2) The relationship of the respondent to the petitioner, and 1242
to the victim if other than the petitioner;1243

       (3) A request for relief under this section.1244

       (D)(1) If a person who files a petition pursuant to this1245
section requests an ex parte order, the court shall hold an ex1246
parte hearing on the same day that the petition is filed. The1247
court, for good cause shown at the ex parte hearing, may enter any1248
temporary orders, with or without bond, including, but not limited1249
to, an order described in division (E)(1)(a), (b), or (c) of this1250
section, that the court finds necessary to protect the family or1251
household member from domestic violence. Immediate and present1252
danger of domestic violence to the family or household member 1253
constitutes good cause for purposes of this section. Immediate and1254
present danger includes, but is not limited to, situations in1255
which the respondent has threatened the family or household member1256
with bodily harm, in which the respondent has threatened the 1257
family or household member with a sexually oriented offense, or in 1258
which the respondent previously has been convicted of or pleaded 1259
guilty to an offense that constitutes domestic violence against 1260
the family or household member.1261

       (2)(a) If the court, after an ex parte hearing, issues an1262
order described in division (E)(1)(b) or (c) of this section, the1263
court shall schedule a full hearing for a date that is within1264
seven court days after the ex parte hearing. If any other type of1265
protection order that is authorized under division (E) of this1266
section is issued by the court after an ex parte hearing, the1267
court shall schedule a full hearing for a date that is within ten1268
court days after the ex parte hearing. The court shall give the1269
respondent notice of, and an opportunity to be heard at, the full1270
hearing. The court shall hold the full hearing on the date1271
scheduled under this division unless the court grants a1272
continuance of the hearing in accordance with this division. Under1273
any of the following circumstances or for any of the following1274
reasons, the court may grant a continuance of the full hearing to1275
a reasonable time determined by the court:1276

       (i) Prior to the date scheduled for the full hearing under1277
this division, the respondent has not been served with the1278
petition filed pursuant to this section and notice of the full1279
hearing.1280

       (ii) The parties consent to the continuance.1281

       (iii) The continuance is needed to allow a party to obtain1282
counsel.1283

       (iv) The continuance is needed for other good cause.1284

       (b) An ex parte order issued under this section does not1285
expire because of a failure to serve notice of the full hearing1286
upon the respondent before the date set for the full hearing under1287
division (D)(2)(a) of this section or because the court grants a1288
continuance under that division.1289

       (3) If a person who files a petition pursuant to this section1290
does not request an ex parte order, or if a person requests an ex1291
parte order but the court does not issue an ex parte order after1292
an ex parte hearing, the court shall proceed as in a normal civil1293
action and grant a full hearing on the matter.1294

       (E)(1) After an ex parte or full hearing, the court may grant 1295
any protection order, with or without bond, or approve any consent 1296
agreement to bring about a cessation of domestic violence against 1297
the family or household members. The order or agreement may:1298

       (a) Direct the respondent to refrain from abusing or from 1299
committing sexually oriented offenses against the family or 1300
household members;1301

       (b) Grant possession of the residence or household to the1302
petitioner or other family or household member, to the exclusion1303
of the respondent, by evicting the respondent, when the residence1304
or household is owned or leased solely by the petitioner or other1305
family or household member, or by ordering the respondent to1306
vacate the premises, when the residence or household is jointly1307
owned or leased by the respondent, and the petitioner or other1308
family or household member;1309

       (c) When the respondent has a duty to support the petitioner1310
or other family or household member living in the residence or1311
household and the respondent is the sole owner or lessee of the1312
residence or household, grant possession of the residence or1313
household to the petitioner or other family or household member,1314
to the exclusion of the respondent, by ordering the respondent to1315
vacate the premises, or, in the case of a consent agreement, allow1316
the respondent to provide suitable, alternative housing;1317

       (d) Temporarily allocate parental rights and responsibilities 1318
for the care of, or establish temporary parenting time rights with 1319
regard to, minor children, if no other court has determined, or is 1320
determining, the allocation of parental rights and1321
responsibilities for the minor children or parenting time rights;1322

       (e) Require the respondent to maintain support, if the1323
respondent customarily provides for or contributes to the support1324
of the family or household member, or if the respondent has a duty1325
to support the petitioner or family or household member;1326

       (f) Require the respondent, petitioner, victim of domestic1327
violence, or any combination of those persons, to seek counseling;1328

       (g) Require the respondent to refrain from entering the1329
residence, school, business, or place of employment of the1330
petitioner or family or household member;1331

       (h) Grant other relief that the court considers equitable and 1332
fair, including, but not limited to, ordering the respondent to 1333
permit the use of a motor vehicle by the petitioner or other1334
family or household member and the apportionment of household and1335
family personal property.1336

       (2) If a protection order has been issued pursuant to this1337
section in a prior action involving the respondent and the1338
petitioner or one or more of the family or household members or 1339
victims, the court may include in a protection order that it 1340
issues a prohibition against the respondent returning to the 1341
residence or household. If it includes a prohibition against the1342
respondent returning to the residence or household in the order, 1343
it also shall include in the order provisions of the type 1344
described in division (E)(7) of this section. This division does 1345
not preclude the court from including in a protection order or 1346
consent agreement, in circumstances other than those described in 1347
this division, a requirement that the respondent be evicted from 1348
or vacate the residence or household or refrain from entering the1349
residence, school, business, or place of employment of the1350
petitioner or a family or household member, and, if the court1351
includes any requirement of that type in an order or agreement,1352
the court also shall include in the order provisions of the type1353
described in division (E)(7) of this section.1354

       (3)(a) Any protection order issued or consent agreement1355
approved under this section shall be valid until a date certain,1356
but not later than five years from the date of its issuance or1357
approval unless modified or terminated as provided in division 1358
(E)(8) of this section.1359

       (b) Subject to the limitation on the duration of an order or1360
agreement set forth in division (E)(3)(a) of this section, any1361
order under division (E)(1)(d) of this section shall terminate on1362
the date that a court in an action for divorce, dissolution of1363
marriage, or legal separation brought by the petitioner or1364
respondent issues an order allocating parental rights and1365
responsibilities for the care of children or on the date that a1366
juvenile court in an action brought by the petitioner or1367
respondent issues an order awarding legal custody of minor1368
children. Subject to the limitation on the duration of an order or1369
agreement set forth in division (E)(3)(a) of this section, any1370
order under division (E)(1)(e) of this section shall terminate on1371
the date that a court in an action for divorce, dissolution of1372
marriage, or legal separation brought by the petitioner or1373
respondent issues a support order or on the date that a juvenile1374
court in an action brought by the petitioner or respondent issues1375
a support order.1376

       (c) Any protection order issued or consent agreement approved 1377
pursuant to this section may be renewed in the same manner as the 1378
original order or agreement was issued or approved.1379

       (4) A court may not issue a protection order that requires a1380
petitioner to do or to refrain from doing an act that the court1381
may require a respondent to do or to refrain from doing under1382
division (E)(1)(a), (b), (c), (d), (e), (g), or (h) of this1383
section unless all of the following apply:1384

       (a) The respondent files a separate petition for a protection 1385
order in accordance with this section.1386

       (b) The petitioner is served notice of the respondent's1387
petition at least forty-eight hours before the court holds a1388
hearing with respect to the respondent's petition, or the1389
petitioner waives the right to receive this notice.1390

       (c) If the petitioner has requested an ex parte order1391
pursuant to division (D) of this section, the court does not delay1392
any hearing required by that division beyond the time specified in1393
that division in order to consolidate the hearing with a hearing1394
on the petition filed by the respondent.1395

       (d) After a full hearing at which the respondent presents1396
evidence in support of the request for a protection order and the1397
petitioner is afforded an opportunity to defend against that1398
evidence, the court determines that the petitioner has committed1399
an act of domestic violence or has violated a temporary protection1400
order issued pursuant to section 2919.26 of the Revised Code, that1401
both the petitioner and the respondent acted primarily as1402
aggressors, and that neither the petitioner nor the respondent1403
acted primarily in self-defense.1404

       (5) No protection order issued or consent agreement approved1405
under this section shall in any manner affect title to any real1406
property.1407

       (6)(a) If a petitioner, or the child of a petitioner, who1408
obtains a protection order or consent agreement pursuant to1409
division (E)(1) of this section or a temporary protection order1410
pursuant to section 2919.26 of the Revised Code and is the subject1411
of a parenting time order issued pursuant to section 3109.051 or1412
3109.12 of the Revised Code or a visitation or companionship order1413
issued pursuant to section 3109.051, 3109.11, or 3109.12 of the1414
Revised Code or division (E)(1)(d) of this section granting1415
parenting time rights to the respondent, the court may require the1416
public children services agency of the county in which the court1417
is located to provide supervision of the respondent's exercise of1418
parenting time or visitation or companionship rights with respect1419
to the child for a period not to exceed nine months, if the court1420
makes the following findings of fact:1421

       (i) The child is in danger from the respondent;1422

       (ii) No other person or agency is available to provide the1423
supervision.1424

       (b) A court that requires an agency to provide supervision1425
pursuant to division (E)(6)(a) of this section shall order the1426
respondent to reimburse the agency for the cost of providing the1427
supervision, if it determines that the respondent has sufficient1428
income or resources to pay that cost.1429

       (7)(a) If a protection order issued or consent agreement1430
approved under this section includes a requirement that the1431
respondent be evicted from or vacate the residence or household or1432
refrain from entering the residence, school, business, or place of1433
employment of the petitioner or a family or household member, the1434
order or agreement shall state clearly that the order or agreement1435
cannot be waived or nullified by an invitation to the respondent1436
from the petitioner or other family or household member to enter1437
the residence, school, business, or place of employment or by the1438
respondent's entry into one of those places otherwise upon the1439
consent of the petitioner or other family or household member.1440

       (b) Division (E)(7)(a) of this section does not limit any1441
discretion of a court to determine that a respondent charged with1442
a violation of section 2919.27 of the Revised Code, with a1443
violation of a municipal ordinance substantially equivalent to1444
that section, or with contempt of court, which charge is based on1445
an alleged violation of a protection order issued or consent1446
agreement approved under this section, did not commit the1447
violation or was not in contempt of court.1448

       (8)(a) The court may modify or terminate as provided in 1449
division (E)(8) of this section a protection order or consent 1450
agreement that was issued after a full hearing under this section. 1451
The court that issued the protection order or approved the consent 1452
agreement shall hear a motion for modification or termination of 1453
the protection order or consent agreement pursuant to division 1454
(E)(8) of this section.1455

       (b) Either the petitioner or the respondent of the original 1456
protection order or consent agreement may bring a motion for 1457
modification or termination of a protection order or consent 1458
agreement that was issued or approved after a full hearing. The 1459
court shall require notice of the motion to be made as provided by 1460
the Rules of Civil Procedure. If the petitioner for the original 1461
protection order or consent agreement has requested that the 1462
petitioner's address be kept confidential, the court shall not 1463
disclose the address to the respondent of the original protection 1464
order or consent agreement or any other person, except as 1465
otherwise required by law. The moving party has the burden of 1466
proof to show, by a preponderance of the evidence, that 1467
modification or termination of the protection order or consent 1468
agreement is appropriate because either the protection order or 1469
consent agreement is no longer needed or because the terms of the 1470
original protection order or consent agreement are no longer 1471
appropriate.1472

       (c) In considering whether to modify or terminate a 1473
protection order or consent agreement issued or approved under 1474
this section, the court shall consider all relevant factors, 1475
including, but not limited to, the following:1476

       (i) Whether the petitioner consents to modification or 1477
termination of the protection order or consent agreement;1478

       (ii) Whether the petitioner fears the respondent;1479

       (iii) The current nature of the relationship between the 1480
petitioner and the respondent;1481

       (iv) The circumstances of the petitioner and respondent, 1482
including the relative proximity of the petitioner's and 1483
respondent's workplaces and residences and whether the petitioner 1484
and respondent have minor children together;1485

       (v) Whether the respondent has complied with the terms and 1486
conditions of the original protection order or consent agreement;1487

       (vi) Whether the respondent has a continuing involvement with 1488
illegal drugs or alcohol;1489

       (vii) Whether the respondent has been convicted of or pleaded 1490
guilty to an offense of violence since the issuance of the 1491
protection order or approval of the consent agreement;1492

       (viii) Whether any other protection orders, consent 1493
agreements, restraining orders, or no contact orders have been 1494
issued against the respondent pursuant to this section, section 1495
2919.26 of the Revised Code, any other provision of state law, or 1496
the law of any other state;1497

       (ix) Whether the respondent has participated in any domestic 1498
violence treatment, intervention program, or other counseling 1499
addressing domestic violence and whether the respondent has 1500
completed the treatment, program, or counseling;1501

       (x) The time that has elapsed since the protection order was 1502
issued or since the consent agreement was approved;1503

       (xi) The age and health of the respondent;1504

       (xii) When the last incident of abuse, threat of harm, or 1505
commission of a sexually oriented offense occurred or other 1506
relevant information concerning the safety and protection of the 1507
petitioner or other protected parties.1508

       (d) If a protection order or consent agreement is modified or 1509
terminated as provided in division (E)(8) of this section, the 1510
court shall issue copies of the modified or terminated order or 1511
agreement as provided in division (F) of this section. A 1512
petitioner may also provide notice of the modification or 1513
termination to the judicial and law enforcement officials in any 1514
county other than the county in which the order or agreement is 1515
modified or terminated as provided in division (N) of this 1516
section.1517

       (e) If the respondent moves for modification or termination 1518
of a protection order or consent agreement pursuant to this 1519
section, the court may assess costs against the respondent for the 1520
filing of the motion.1521

       (9) The court shall include in a protection order issued or 1522
consent agreement approved under this section any companion animal 1523
that is in the petitioner's residence.1524

       (F)(1) A copy of any protection order, or consent agreement,1525
that is issued, approved, modified, or terminated under this 1526
section shall be issued by the court to the petitioner, to the 1527
respondent, and to all law enforcement agencies that have 1528
jurisdiction to enforce the order or agreement. The court shall 1529
direct that a copy of an order be delivered to the respondent on 1530
the same day that the order is entered.1531

       (2) Upon the issuance of a protection order or the approval 1532
of a consent agreement under this section, the court shall provide 1533
the parties to the order or agreement with the following notice 1534
orally or by form:1535

"NOTICE
1536

       As a result of this order or consent agreement, it may be 1537
unlawful for you to possess or purchase a firearm, including a 1538
rifle, pistol, or revolver, or ammunition pursuant to federal law 1539
under 18 U.S.C. 922(g)(8). If you have any questions whether this 1540
law makes it illegal for you to possess or purchase a firearm or 1541
ammunition, you should consult an attorney."1542

       (3) All law enforcement agencies shall establish and maintain 1543
an index for the protection orders and the approved consent 1544
agreements delivered to the agencies pursuant to division (F)(1) 1545
of this section. With respect to each order and consent agreement 1546
delivered, each agency shall note on the index the date and time 1547
that it received the order or consent agreement.1548

       (4) Regardless of whether the petitioner has registered the1549
order or agreement in the county in which the officer's agency 1550
has jurisdiction pursuant to division (N) of this section, any 1551
officer of a law enforcement agency shall enforce a protection 1552
order issued or consent agreement approved by any court in this1553
state in accordance with the provisions of the order or agreement,1554
including removing the respondent from the premises, if1555
appropriate.1556

       (G) Any proceeding under this section shall be conducted in1557
accordance with the Rules of Civil Procedure, except that an order1558
under this section may be obtained with or without bond. An order1559
issued under this section, other than an ex parte order, that1560
grants a protection order or approves a consent agreement, that1561
refuses to grant a protection order or approve a consent agreement 1562
that modifies or terminates a protection order or consent 1563
agreement, or that refuses to modify or terminate a protection 1564
order or consent agreement, is a final, appealable order. The 1565
remedies and procedures provided in this section are in addition 1566
to, and not in lieu of, any other available civil or criminal 1567
remedies.1568

       (H) The filing of proceedings under this section does not1569
excuse a person from filing any report or giving any notice1570
required by section 2151.421 of the Revised Code or by any other1571
law. When a petition under this section alleges domestic violence1572
against minor children, the court shall report the fact, or cause1573
reports to be made, to a county, township, or municipal peace1574
officer under section 2151.421 of the Revised Code.1575

       (I) Any law enforcement agency that investigates a domestic1576
dispute shall provide information to the family or household1577
members involved regarding the relief available under this section1578
and section 2919.26 of the Revised Code.1579

       (J) Notwithstanding any provision of law to the contrary and1580
regardless of whether a protection order is issued or a consent1581
agreement is approved by a court of another county or a court of1582
another state, no court or unit of state or local government shall1583
charge any fee, cost, deposit, or money in connection with the 1584
filing of a petition pursuant to this section or in connection1585
with the filing, issuance, registration, or service of a1586
protection order or consent agreement, or for obtaining a1587
certified copy of a protection order or consent agreement.1588

       (K)(1) The court shall comply with Chapters 3119., 3121.,1589
3123., and 3125. of the Revised Code when it makes or modifies an1590
order for child support under this section.1591

       (2) If any person required to pay child support under an1592
order made under this section on or after April 15, 1985, or1593
modified under this section on or after December 31, 1986, is1594
found in contempt of court for failure to make support payments1595
under the order, the court that makes the finding, in addition to1596
any other penalty or remedy imposed, shall assess all court costs1597
arising out of the contempt proceeding against the person and1598
require the person to pay any reasonable attorney's fees of any1599
adverse party, as determined by the court, that arose in relation1600
to the act of contempt.1601

       (L)(1) A person who violates a protection order issued or a1602
consent agreement approved under this section is subject to the1603
following sanctions:1604

       (a) Criminal prosecution for a violation of section 2919.271605
of the Revised Code, if the violation of the protection order or1606
consent agreement constitutes a violation of that section;1607

       (b) Punishment for contempt of court.1608

       (2) The punishment of a person for contempt of court for1609
violation of a protection order issued or a consent agreement1610
approved under this section does not bar criminal prosecution of1611
the person for a violation of section 2919.27 of the Revised Code.1612
However, a person punished for contempt of court is entitled to1613
credit for the punishment imposed upon conviction of a violation1614
of that section, and a person convicted of a violation of that1615
section shall not subsequently be punished for contempt of court1616
arising out of the same activity.1617

       (M) In all stages of a proceeding under this section, a1618
petitioner may be accompanied by a victim advocate.1619

       (N)(1) A petitioner who obtains a protection order or consent 1620
agreement under this section or a temporary protection order under 1621
section 2919.26 of the Revised Code may provide notice of the 1622
issuance or approval of the order or agreement to the judicial and 1623
law enforcement officials in any county other than the county in 1624
which the order is issued or the agreement is approved by1625
registering that order or agreement in the other county pursuant 1626
to division (N)(2) of this section and filing a copy of the 1627
registered order or registered agreement with a law enforcement 1628
agency in the other county in accordance with that division. A 1629
person who obtains a protection order issued by a court of another 1630
state may provide notice of the issuance of the order to the1631
judicial and law enforcement officials in any county of this state 1632
by registering the order in that county pursuant to section 1633
2919.272 of the Revised Code and filing a copy of the registered 1634
order with a law enforcement agency in that county.1635

       (2) A petitioner may register a temporary protection order,1636
protection order, or consent agreement in a county other than the1637
county in which the court that issued the order or approved the1638
agreement is located in the following manner:1639

       (a) The petitioner shall obtain a certified copy of the order 1640
or agreement from the clerk of the court that issued the order or 1641
approved the agreement and present that certified copy to the 1642
clerk of the court of common pleas or the clerk of a municipal1643
court or county court in the county in which the order or1644
agreement is to be registered.1645

       (b) Upon accepting the certified copy of the order or1646
agreement for registration, the clerk of the court of common1647
pleas, municipal court, or county court shall place an endorsement1648
of registration on the order or agreement and give the petitioner1649
a copy of the order or agreement that bears that proof of1650
registration.1651

       (3) The clerk of each court of common pleas, the clerk of1652
each municipal court, and the clerk of each county court shall1653
maintain a registry of certified copies of temporary protection1654
orders, protection orders, or consent agreements that have been1655
issued or approved by courts in other counties and that have been1656
registered with the clerk.1657

       Sec. 4731.284.  The state medical board shall approve one or 1658
more continuing medical education courses of study included 1659
within the programs certified by the Ohio state medical 1660
association and the Ohio osteopathic association pursuant to 1661
section 4731.281 of the Revised Code with regard to the counseling 1662
of individuals who abuse animals.1663

       Sec. 4732.141.  (A)(1) On or before the thirty-first day of1664
August of each even-numbered year beginning in 1998 and until the1665
requirement set forth in division (A)(2) of this section applies,1666
each person licensed under this chapter by the state board of1667
psychology shall have completed, in the preceding two-year period,1668
not less than twenty hours of continuing education in psychology1669
or the number of hours determined under division (D) of this1670
section.1671

       (2) On or before the thirty-first day of August of each1672
even-numbered year after the biennium in which this amendment1673
takes effect, each person licensed under this chapter by the state1674
board of psychology shall have completed, in the preceding1675
two-year period, not less than twenty-three hours of continuing1676
education in psychology, including not less than three hours of1677
continuing education in professional conduct and ethics, or the1678
number of hours determined under division (D) of this section.1679

       (3) Each person subject to division (A)(1) or (2) of this1680
section shall certify to the board, at the time of biennial1681
registration pursuant to section 4732.14 of the Revised Code and1682
on the registration form prescribed by the board under that1683
section, that in the preceding two years the person has completed1684
continuing psychology education in compliance with this section. 1685
The board shall adopt rules establishing the procedure for a1686
person to certify to the board and for properly recording with the1687
Ohio psychological association or the state board of education1688
completion of the continuing education.1689

       (B) Continuing psychology education may be applied to meet1690
the requirement of division (A) of this section if both of the1691
following requirements are met:1692

       (1) It is obtained through a program or course approved by1693
the state board of psychology, the Ohio psychological association,1694
the Ohio association of black psychologists, or the American1695
psychological association or, in the case of a licensed school1696
psychologist or a licensed psychologist with a school psychology1697
specialty, by the state board of education, the Ohio school1698
psychologists association, or the national association of school1699
psychologists;1700

       (2) Completion of the program or course is recorded with the1701
Ohio psychological association or the state board of education in1702
accordance with rules adopted by the state board of psychology in1703
accordance with division (A) of this section.1704

       The state board of psychology may disapprove any program or1705
course that has been approved by the Ohio psychological1706
association, Ohio association of black psychologists, American1707
psychological association, state board of education, Ohio school1708
psychologists association, or national association of school1709
psychologists. Such program or course may not be applied to meet1710
the requirement of division (A) of this section.1711

       (C) Each person licensed under this chapter shall be given a1712
sufficient choice of continuing education programs or courses in1713
psychology, including programs or courses on professional conduct1714
and ethics when required under division (A)(2) of this section, to1715
ensure that the person has had a reasonable opportunity to1716
participate in programs or courses that are relevant to the1717
person's practice in terms of subject matter and level.1718

       (D) The board shall adopt rules providing for reductions of1719
the hours of continuing psychology education required by this1720
section for persons in their first registration period.1721

       (E) Each person licensed under this chapter shall retain in1722
the person's records for at least three years the receipts,1723
vouchers, or certificates necessary to document completion of1724
continuing psychology education. Proof of continuing psychology1725
education recorded with the Ohio psychological association or the1726
state board of education in accordance with the procedures1727
established pursuant to division (A) of this section shall serve1728
as sufficient documentation of completion. With cause, the board1729
may request the documentation from the person. The board also may1730
request the documentation from persons licensed under this chapter1731
selected at random, without cause. The board may review any1732
continuing psychology education records recorded by the Ohio1733
psychological association or the state board of education.1734

       (F) The board may excuse persons licensed under this chapter, 1735
as a group or as individuals, from all or any part of the1736
requirements of this section because of an unusual circumstance,1737
emergency, or special hardship.1738

       (G) The state board of psychology shall approve one or more1739
continuing education courses of study that assist psychologists1740
and school psychologists in recognizing the signs of domestic1741
violence and its relationship to child abuse. Psychologists and1742
school psychologists are not required to take the courses.1743

       (H) The state board of psychology shall approve one or more 1744
continuing education courses of study with regard to the 1745
counseling of individuals who abuse animals.1746

       Sec. 4757.33.  (A) Except as provided in division (B) of this 1747
section, each person who holds a license or certificate of1748
registration issued under this chapter shall complete during the1749
period that the license or certificate is in effect not less than1750
thirty clock hours of continuing professional education as a1751
condition of receiving a renewed license or certificate. To have a 1752
lapsed license or certificate of registration restored, a person1753
shall complete the number of hours of continuing education1754
specified by the counselor, social worker, and marriage and family 1755
therapist board in rules it shall adopt in accordance with Chapter 1756
119. of the Revised Code.1757

       The professional standards committees of the counselor,1758
social worker, and marriage and family therapist board shall adopt1759
rules in accordance with Chapter 119. of the Revised Code1760
establishing standards and procedures to be followed by the1761
committees in conducting the continuing education approval1762
process.1763

       (B) The board may waive the continuing education requirements1764
established under this section for persons who are unable to 1765
fulfill them because of military service, illness, residence 1766
abroad, or any other reason the committee considers acceptable.1767

       In the case of a social worker licensed by virtue of1768
receiving, prior to October 10, 1992, a baccalaureate degree in a1769
program closely related to social work, as a condition of the1770
first renewal of the license, the social worker mustshall1771
complete at an accredited educational institution a minimum of1772
five semester hours of social work graduate or undergraduate 1773
credit, or their equivalent, that is acceptable to the committee 1774
and includes a course in social work theory and a course in social 1775
work methods.1776

       (C) The professional standards committees of the counselor, 1777
social worker, and marriage and family therapist board shall 1778
approve one or more continuing education courses of study with 1779
regard to the counseling of individuals who abuse animals.1780

       Section 2. That existing sections 959.99, 2152.19, 2903.213, 1781
2903.214, 2919.26, 3113.31, 4732.141, and 4757.33 of the Revised 1782
Code are hereby repealed.1783