As Reported by the Senate Criminal Justice Committee

130th General Assembly

Regular Session

2013-2014

Sub. S. B. No. 177

Senator Skindell

Cosponsors: Senators Brown, Cafaro, Gentile, Kearney, Schiavoni, Sawyer, Smith, Tavares, Turner

A BILL

To amend sections 2151.34, 2903.213, 2903.214,

2919.26, and 3113.31 of the Revised Code to

expressly authorize the protection of companion

animals in temporary protection orders, domestic

violence protection orders, anti-stalking

protection orders, and related protection orders.

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

Section 1. That sections 2151.34, 2903.213, 2903.214,	7
2919.26, and 3113.31 of the Revised Code be amended to read as	8
follows:	9

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

(1) "Court" means the juvenile division of the court of	11
common pleas of the county in which the person to be protected by	12
the protection order resides.	13

(2) "Victim advocate" means a person who provides support and	14
assistance for a person who files a petition under this section.	15

(3) "Family or household member" has the same meaning as in	16
section 3113.31 of the Revised Code.	17

(4) "Protection order issued by a court of another state" has	18
the same meaning as in section 2919.27 of the Revised Code.	19

(5) "Petitioner" means a person who files a petition under	20
this section and includes a person on whose behalf a petition	21
under this section is filed.	22

(6) "Respondent" means a person who is under eighteen years	23
of age and against whom a petition is filed under this section.	24

(7) "Sexually oriented offense" has the same meaning as in	25
section 2950.01 of the Revised Code.	26

(8) "Electronic monitoring" has the same meaning as in	27
section 2929.01 of the Revised Code.	28

(9) "Companion animal" has the same meaning as in section	29
959.131 of the Revised Code.	30

(B) The court has jurisdiction over all proceedings under	31
this section.	32

(C)(1) Any of the following persons may seek relief under	33
this section by filing a petition with the court:	34

(a) Any person on behalf of that person;

(b) Any parent or adult family or household member on behalf	36
of any other family or household member;	37

(c) Any person who is determined by the court in its	38
discretion as an appropriate person to seek relief under this	39
section on behalf of any child.	40

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

(a) An allegation that the respondent engaged in a violation	42
of section 2903.11, 2903.12, 2903.13, 2903.21, 2903.211, 2903.22,	43
or 2911.211 of the Revised Code, committed a sexually oriented	44
offense, or engaged in a violation of any municipal ordinance that	45
is substantially equivalent to any of those offenses against the	46
person to be protected by the protection order, including a	47
description of the nature and extent of the violation;	48

(b) If the petitioner seeks relief in the form of electronic	49
monitoring of the respondent, an allegation that at any time	50
preceding the filing of the petition the respondent engaged in	51
conduct that would cause a reasonable person to believe that the	52
health, welfare, or safety of the person to be protected was at	53
risk, a description of the nature and extent of that conduct, and	54
an allegation that the respondent presents a continuing danger to	55
the person to be protected;	56

(3) The court in its discretion may determine whether or not	58
to give notice that a petition has been filed under division	59
(C)(1) of this section on behalf of a child to any of the	60
following:	61

(a) A parent of the child if the petition was filed by any	62
person other than a parent of the child;	63

(b) Any person who is determined by the court to be an	64
appropriate person to receive notice of the filing of the	65
petition.	66

(D)(1) If a person who files a petition pursuant to this	67
section requests an ex parte order, the court shall hold an ex	68
parte hearing as soon as possible after the petition is filed, but	69
not later than the next day after the court is in session after	70
the petition is filed. The court, for good cause shown at the ex	71
parte hearing, may enter any temporary orders, with or without	72
bond, that the court finds necessary for the safety and protection	73
of the person to be protected by the order. Immediate and present	74
danger to the person to be protected by the protection order	75
constitutes good cause for purposes of this section. Immediate and	76
present danger includes, but is not limited to, situations in	77
which the respondent has threatened the person to be protected by	78
the protection order with bodily harm or in which the respondent	79
previously has been convicted of, pleaded guilty to, or been	80
adjudicated a delinquent child for committing a violation of	81
section 2903.11, 2903.12, 2903.13, 2903.21, 2903.211, 2903.22, or	82
2911.211 of the Revised Code, a sexually oriented offense, or a	83
violation of any municipal ordinance that is substantially	84
equivalent to any of those offenses against the person to be	85
protected by the protection order.	86

(2)(a) If the court, after an ex parte hearing, issues a	87
protection order described in division (E) of this section, the	88
court shall schedule a full hearing for a date that is within ten	89
court days after the ex parte hearing. The court shall give the	90
respondent notice of, and an opportunity to be heard at, the full	91
hearing. The court also shall give notice of the full hearing to	92
the parent, guardian, or legal custodian of the respondent. The	93
court shall hold the full hearing on the date scheduled under this	94
division unless the court grants a continuance of the hearing in	95
accordance with this division. Under any of the following	96
circumstances or for any of the following reasons, the court may	97
grant a continuance of the full hearing to a reasonable time	98
determined by the court:	99

(i) Prior to the date scheduled for the full hearing under	100
this division, the respondent has not been served with the	101
petition filed pursuant to this section and notice of the full	102
hearing.	103

(ii) The parties consent to the continuance.

104

(iii) The continuance is needed to allow a party to obtain	105
counsel.	106

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

107

(b) An ex parte order issued under this section does not	108
expire because of a failure to serve notice of the full hearing	109
upon the respondent before the date set for the full hearing under	110
division (D)(2)(a) of this section or because the court grants a	111
continuance under that division.	112

(3) If a person who files a petition pursuant to this section	113
does not request an ex parte order, or if a person requests an ex	114
parte order but the court does not issue an ex parte order after	115
an ex parte hearing, the court shall proceed as in a normal civil	116
action and grant a full hearing on the matter.	117

(E)(1)(a) After an ex parte or full hearing, the court may	118
issue any protection order, with or without bond, that contains	119
terms designed to ensure the safety and protection of the person	120
to be protected by the protection order. The court may include	121
within a protection order issued under this section a term	122
requiring that the respondent not remove, damage, hide, harm, or	123
dispose of any companion animal owned or possessed by the person	124
to be protected by the order, and may include within the order a	125
term authorizing the person to be protected by the order to remove	126
a companion animal owned by the person to be protected by the	127
order from the possession of the respondent.	128

(b) After a full hearing, if the court considering a petition	129
that includes an allegation of the type described in division	130
(C)(2)(b) of this section or the court, upon its own motion, finds	131
upon clear and convincing evidence that the petitioner reasonably	132
believed that the respondent's conduct at any time preceding the	133
filing of the petition endangered the health, welfare, or safety	134
of the person to be protected and that the respondent presents a	135
continuing danger to the person to be protected and if division	136
(N) of this section does not prohibit the issuance of an order	137
that the respondent be electronically monitored, the court may	138
order that the respondent be electronically monitored for a period	139
of time and under the terms and conditions that the court	140
determines are appropriate. Electronic monitoring shall be in	141
addition to any other relief granted to the petitioner.	142

(2)(a) Any protection order issued pursuant to this section	143
shall be valid until a date certain but not later than the date	144
the respondent attains nineteen years of age.	145

(b) Any protection order issued pursuant to this section may	146
be renewed in the same manner as the original order was issued.	147

(3) A court may not issue a protection order that requires a	148
petitioner to do or to refrain from doing an act that the court	149
may require a respondent to do or to refrain from doing under	150
division (E)(1) of this section unless all of the following apply:	151

(a) The respondent files a separate petition for a protection	152
order in accordance with this section.	153

(b) The petitioner is served with notice of the respondent's	154
petition at least forty-eight hours before the court holds a	155
hearing with respect to the respondent's petition, or the	156
petitioner waives the right to receive this notice.	157

(c) If the petitioner has requested an ex parte order	158
pursuant to division (D) of this section, the court does not delay	159
any hearing required by that division beyond the time specified in	160
that division in order to consolidate the hearing with a hearing	161
on the petition filed by the respondent.	162

(d) After a full hearing at which the respondent presents	163
evidence in support of the request for a protection order and the	164
petitioner is afforded an opportunity to defend against that	165
evidence, the court determines that the petitioner has committed a	166
violation of section 2903.11, 2903.12, 2903.13, 2903.21, 2903.211,	167
2903.22, or 2911.211 of the Revised Code, a sexually oriented	168
offense, or a violation of any municipal ordinance that is	169
substantially equivalent to any of those offenses against the	170
person to be protected by the protection order issued pursuant to	171
division (E)(3) of this section, or has violated a protection	172
order issued pursuant to this section or section 2903.213 of the	173
Revised Code relative to the person to be protected by the	174
protection order issued pursuant to division (E)(3) of this	175
section.	176

(4) No protection order issued pursuant to this section shall	177
in any manner affect title to any real property.	178

(5)(a) A protection order issued under this section shall	179
clearly state that the person to be protected by the order cannot	180
waive or nullify by invitation or consent any requirement in the	181
order.	182

(b) Division (E)(5)(a) of this section does not limit any	183
discretion of a court to determine that a respondent alleged to	184
have violated section 2919.27 of the Revised Code, violated a	185
municipal ordinance substantially equivalent to that section, or	186
committed contempt of court, which allegation is based on an	187
alleged violation of a protection order issued under this section,	188
did not commit the violation or was not in contempt of court.	189

(6) Any protection order issued pursuant to this section	190
shall include a provision that the court will automatically seal	191
all of the records of the proceeding in which the order is issued	192
on the date the respondent attains the age of nineteen years	193
unless the petitioner provides the court with evidence that the	194
respondent has not complied with all of the terms of the	195
protection order. The protection order shall specify the date when	196
the respondent attains the age of nineteen years.	197

(F)(1) The court shall cause the delivery of a copy of any	198
protection order that is issued under this section to the	199
petitioner, to the respondent, and to all law enforcement agencies	200
that have jurisdiction to enforce the order. The court shall	201
direct that a copy of the order be delivered to the respondent and	202
the parent, guardian, or legal custodian of the respondent on the	203
same day that the order is entered.	204

(2) Upon the issuance of a protection order under this	205
section, the court shall provide the parties to the order with the	206
following notice orally or by form:	207

"NOTICE	208

As a result of this order, it may be unlawful for you to	209
possess or purchase a firearm, including a rifle, pistol, or	210
revolver, or ammunition pursuant to federal law under 18 U.S.C.	211
922(g)(8). If you have any questions whether this law makes it	212
illegal for you to possess or purchase a firearm or ammunition,	213
you should consult an attorney."	214

(3) All law enforcement agencies shall establish and maintain	215
an index for the protection orders delivered to the agencies	216
pursuant to division (F)(1) of this section. With respect to each	217
order delivered, each agency shall note on the index the date and	218
time that it received the order.	219

(4) Regardless of whether the petitioner has registered the	220
protection order in the county in which the officer's agency has	221
jurisdiction pursuant to division (M) of this section, any officer	222
of a law enforcement agency shall enforce a protection order	223
issued pursuant to this section by any court in this state in	224
accordance with the provisions of the order, including removing	225
the respondent from the premises, if appropriate.	226

(G) Any proceeding under this section shall be conducted in	227
accordance with the Rules of Civil Procedure, except that a	228
protection order may be obtained under this section with or	229
without bond. An order issued under this section, other than an ex	230
parte order, that grants a protection order, or that refuses to	231
grant a protection order, is a final, appealable order. The	232
remedies and procedures provided in this section are in addition	233
to, and not in lieu of, any other available civil or criminal	234
remedies or any other available remedies under Chapter 2151. or	235
2152. of the Revised Code.	236

(H) The filing of proceedings under this section does not	237
excuse a person from filing any report or giving any notice	238
required by section 2151.421 of the Revised Code or by any other	239
law.	240

(I) Any law enforcement agency that investigates an alleged	241
violation of section 2903.11, 2903.12, 2903.13, 2903.21, 2903.211,	242
2903.22, or 2911.211 of the Revised Code, an alleged commission of	243
a sexually oriented offense, or an alleged violation of a	244
municipal ordinance that is substantially equivalent to any of	245
those offenses shall provide information to the victim and the	246
family or household members of the victim regarding the relief	247
available under this section.	248

(J) Notwithstanding any provision of law to the contrary and	249
regardless of whether a protection order is issued or a consent	250
agreement is approved by a court of another county or by a court	251
of another state, no court or unit of state or local government	252
shall charge any fee, cost, deposit, or money in connection with	253
the filing of a petition pursuant to this section, in connection	254
with the filing, issuance, registration, or service of a	255
protection order or consent agreement, or for obtaining a	256
certified copy of a protection order or consent agreement.	257

(K)(1) A person who violates a protection order issued under	258
this section is subject to the following sanctions:	259

(a) A delinquent child proceeding or a criminal prosecution	260
for a violation of section 2919.27 of the Revised Code, if the	261
violation of the protection order constitutes a violation of that	262
section;	263

(b) Punishment for contempt of court.

264

(2) The punishment of a person for contempt of court for	265
violation of a protection order issued under this section does not	266
bar criminal prosecution of the person or a delinquent child	267
proceeding concerning the person for a violation of section	268
2919.27 of the Revised Code. However, a person punished for	269
contempt of court is entitled to credit for the punishment imposed	270
upon conviction of or adjudication as a delinquent child for a	271
violation of that section, and a person convicted of or	272
adjudicated a delinquent child for a violation of that section	273
shall not subsequently be punished for contempt of court arising	274
out of the same activity.	275

(L) In all stages of a proceeding under this section, a	276
petitioner may be accompanied by a victim advocate.	277

(M)(1) A petitioner who obtains a protection order under this	278
section may provide notice of the issuance or approval of the	279
order to the judicial and law enforcement officials in any county	280
other than the county in which the order is issued by registering	281
that order in the other county pursuant to division (M)(2) of this	282
section and filing a copy of the registered order with a law	283
enforcement agency in the other county in accordance with that	284
division. A person who obtains a protection order issued by a	285
court of another state may provide notice of the issuance of the	286
order to the judicial and law enforcement officials in any county	287
of this state by registering the order in that county pursuant to	288
section 2919.272 of the Revised Code and filing a copy of the	289
registered order with a law enforcement agency in that county.	290

(2) A petitioner may register a protection order issued	291
pursuant to this section in a county other than the county in	292
which the court that issued the order is located in the following	293
manner:	294

(a) The petitioner shall obtain a certified copy of the order	295
from the clerk of the court that issued the order and present that	296
certified copy to the clerk of the court of common pleas or the	297
clerk of a municipal court or county court in the county in which	298
the order is to be registered.	299

(b) Upon accepting the certified copy of the order for	300
registration, the clerk of the court of common pleas, municipal	301
court, or county court shall place an endorsement of registration	302
on the order and give the petitioner a copy of the order that	303
bears that proof of registration.	304

(3) The clerk of each court of common pleas, municipal court,	305
or county court shall maintain a registry of certified copies of	306
protection orders that have been issued by courts in other	307
counties pursuant to this section and that have been registered	308
with the clerk.	309

(N) If the court orders electronic monitoring of the	310
respondent under this section, the court shall direct the	311
sheriff's office or any other appropriate law enforcement agency	312
to install the electronic monitoring device and to monitor the	313
respondent. Unless the court determines that the respondent is	314
indigent, the court shall order the respondent to pay the cost of	315
the installation and monitoring of the electronic monitoring	316
device. If the court determines that the respondent is indigent	317
and subject to the maximum amount allowable to be paid in any year	318
from the fund and the rules promulgated by the attorney general	319
under section 2903.214 of the Revised Code, the cost of the	320
installation and monitoring of the electronic monitoring device	321
may be paid out of funds from the reparations fund created	322
pursuant to section 2743.191 of the Revised Code. The total amount	323
paid from the reparations fund created pursuant to section	324
2743.191 of the Revised Code for electronic monitoring under this	325
section and sections 2903.214 and 2919.27 of the Revised Code	326
shall not exceed three hundred thousand dollars per year. When the	327
total amount paid from the reparations fund in any year for	328
electronic monitoring under those sections equals or exceeds three	329
hundred thousand dollars, the court shall not order pursuant to	330
this section that an indigent respondent be electronically	331
monitored.	332

(O) The court, in its discretion, may determine if the	333
respondent is entitled to court-appointed counsel in a proceeding	334
under this section.	335

Sec. 2903.213. (A) Except when the complaint involves a	336
person who is a family or household member as defined in section	337
2919.25 of the Revised Code, upon the filing of a complaint that	338
alleges a violation of section 2903.11, 2903.12, 2903.13, 2903.21,	339
2903.211, 2903.22, or 2911.211 of the Revised Code, a violation of	340
a municipal ordinance substantially similar to section 2903.13,	341
2903.21, 2903.211, 2903.22, or 2911.211 of the Revised Code, or	342
the commission of a sexually oriented offense, the complainant,	343
the alleged victim, or a family or household member of an alleged	344
victim may file a motion that requests the issuance of a	345
protection order as a pretrial condition of release of the alleged	346
offender, in addition to any bail set under Criminal Rule 46. The	347
motion shall be filed with the clerk of the court that has	348
jurisdiction of the case at any time after the filing of the	349
complaint. If the complaint involves a person who is a family or	350
household member, the complainant, the alleged victim, or the	351
family or household member may file a motion for a temporary	352
protection order pursuant to section 2919.26 of the Revised Code.	353

(B) A motion for a protection order under this section shall	354
be prepared on a form that is provided by the clerk of the court,	355
and the form shall be substantially as follows:	356

"Motion for Protection Order	357

............................	358

Name and address of court	359

State of Ohio	360

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

361

.............................	362

Name of Defendant	363

(Name of person), moves the court to issue a protection order	364
containing terms designed to ensure the safety and protection of	365
the complainant or the alleged victim in the above-captioned case,	366
in relation to the named defendant, pursuant to its authority to	367
issue a protection order under section 2903.213 of the Revised	368
Code.	369

A complaint, a copy of which has been attached to this	370
motion, has been filed in this court charging the named defendant	371
with a violation of section 2903.11, 2903.12, 2903.13, 2903.21,	372
2903.211, 2903.22, or 2911.211 of the Revised Code, a violation of	373
a municipal ordinance substantially similar to section 2903.13,	374
2903.21, 2903.211, 2903.22, or 2911.211 of the Revised Code, or	375
the commission of a sexually oriented offense.	376

I understand that I must appear before the court, at a time	377
set by the court not later than the next day that the court is in	378
session after the filing of this motion, for a hearing on the	379
motion, and that any protection order granted pursuant to this	380
motion is a pretrial condition of release and is effective only	381
until the disposition of the criminal proceeding arising out of	382
the attached complaint or until the issuance under section	383
2903.214 of the Revised Code of a protection order arising out of	384
the same activities as those that were the basis of the attached	385
complaint.	386

.....................................	387

Signature of person	388

.....................................	389

Address of person"	390

(C)(1) As soon as possible after the filing of a motion that	391
requests the issuance of a protection order under this section,	392
but not later than the next day that the court is in session after	393
the filing of the motion, the court shall conduct a hearing to	394
determine whether to issue the order. The person who requested the	395
order shall appear before the court and provide the court with the	396
information that it requests concerning the basis of the motion.	397
If the court finds that the safety and protection of the	398
complainant or the alleged victim may be impaired by the continued	399
presence of the alleged offender, the court may issue a protection	400
order under this section, as a pretrial condition of release, that	401
contains terms designed to ensure the safety and protection of the	402
complainant or the alleged victim, including a requirement that	403
the alleged offender refrain from entering the residence, school,	404
business, or place of employment of the complainant or the alleged	405
victim. The court may include within a protection order issued	406
under this section a term requiring that the alleged offender not	407
remove, damage, hide, harm, or dispose of any companion animal	408
owned or possessed by the complainant or the alleged victim, and	409
may include within the order a term authorizing the complainant or	410
the alleged victim to remove a companion animal owned by the	411
complainant or the alleged victim from the possession of the	412
alleged offender.	413

(2)(a) If the court issues a protection order under this	414
section that includes a requirement that the alleged offender	415
refrain from entering the residence, school, business, or place of	416
employment of the complainant or the alleged victim, the order	417
shall clearly state that the order cannot be waived or nullified	418
by an invitation to the alleged offender from the complainant, the	419
alleged victim, or a family or household member to enter the	420
residence, school, business, or place of employment or by the	421
alleged offender's entry into one of those places otherwise upon	422
the consent of the complainant, the alleged victim, or a family or	423
household member.	424

(b) Division (C)(2)(a) of this section does not limit any	425
discretion of a court to determine that an alleged offender	426
charged with a violation of section 2919.27 of the Revised Code,	427
with a violation of a municipal ordinance substantially equivalent	428
to that section, or with contempt of court, which charge is based	429
on an alleged violation of a protection order issued under this	430
section, did not commit the violation or was not in contempt of	431
court.	432

(D)(1) Except when the complaint involves a person who is a	433
family or household member as defined in section 2919.25 of the	434
Revised Code, upon the filing of a complaint that alleges a	435
violation specified in division (A) of this section, the court,	436
upon its own motion, may issue a protection order under this	437
section as a pretrial condition of release of the alleged offender	438
if it finds that the safety and protection of the complainant or	439
the alleged victim may be impaired by the continued presence of	440
the alleged offender.	441

(2) If the court issues a protection order under this section	442
as an ex parte order, it shall conduct, as soon as possible after	443
the issuance of the order but not later than the next day that the	444
court is in session after its issuance, a hearing to determine	445
whether the order should remain in effect, be modified, or be	446
revoked. The hearing shall be conducted under the standards set	447
forth in division (C) of this section.	448

(3) If a municipal court or a county court issues a	449
protection order under this section and if, subsequent to the	450
issuance of the order, the alleged offender who is the subject of	451
the order is bound over to the court of common pleas for	452
prosecution of a felony arising out of the same activities as	453
those that were the basis of the complaint upon which the order is	454
based, notwithstanding the fact that the order was issued by a	455
municipal court or county court, the order shall remain in effect,	456
as though it were an order of the court of common pleas, while the	457
charges against the alleged offender are pending in the court of	458
common pleas, for the period of time described in division (E)(2)	459
of this section, and the court of common pleas has exclusive	460
jurisdiction to modify the order issued by the municipal court or	461
county court. This division applies when the alleged offender is	462
bound over to the court of common pleas as a result of the person	463
waiving a preliminary hearing on the felony charge, as a result of	464
the municipal court or county court having determined at a	465
preliminary hearing that there is probable cause to believe that	466
the felony has been committed and that the alleged offender	467
committed it, as a result of the alleged offender having been	468
indicted for the felony, or in any other manner.	469

(E) A protection order that is issued as a pretrial condition	470
of release under this section:	471

(1) Is in addition to, but shall not be construed as a part	472
of, any bail set under Criminal Rule 46;	473

(2) Is effective only until the disposition, by the court	474
that issued the order or, in the circumstances described in	475
division (D)(3) of this section, by the court of common pleas to	476
which the alleged offender is bound over for prosecution, of the	477
criminal proceeding arising out of the complaint upon which the	478
order is based or until the issuance under section 2903.214 of the	479
Revised Code of a protection order arising out of the same	480
activities as those that were the basis of the complaint filed	481
under this section;	482

(3) Shall not be construed as a finding that the alleged	483
offender committed the alleged offense and shall not be introduced	484
as evidence of the commission of the offense at the trial of the	485
alleged offender on the complaint upon which the order is based.	486

(F) A person who meets the criteria for bail under Criminal	487
Rule 46 and who, if required to do so pursuant to that rule,	488
executes or posts bond or deposits cash or securities as bail,	489
shall not be held in custody pending a hearing before the court on	490
a motion requesting a protection order under this section.	491

(G)(1) A copy of a protection order that is issued under this	492
section shall be issued by the court to the complainant, to the	493
alleged victim, to the person who requested the order, to the	494
defendant, and to all law enforcement agencies that have	495
jurisdiction to enforce the order. The court shall direct that a	496
copy of the order be delivered to the defendant on the same day	497
that the order is entered. If a municipal court or a county court	498
issues a protection order under this section and if, subsequent to	499
the issuance of the order, the defendant who is the subject of the	500
order is bound over to the court of common pleas for prosecution	501
as described in division (D)(3) of this section, the municipal	502
court or county court shall direct that a copy of the order be	503
delivered to the court of common pleas to which the defendant is	504
bound over.	505

(2) All law enforcement agencies shall establish and maintain	506
an index for the protection orders delivered to the agencies	507
pursuant to division (G)(1) of this section. With respect to each	508
order delivered, each agency shall note on the index the date and	509
time of the agency's receipt of the order.	510

(3) Regardless of whether the petitioner has registered the	511
protection order in the county in which the officer's agency has	512
jurisdiction, any officer of a law enforcement agency shall	513
enforce a protection order issued pursuant to this section in	514
accordance with the provisions of the order.	515

(H) Upon a violation of a protection order issued pursuant to	516
this section, the court may issue another protection order under	517
this section, as a pretrial condition of release, that modifies	518
the terms of the order that was violated.	519

(I) Notwithstanding any provision of law to the contrary and	520
regardless of whether a protection order is issued or a consent	521
agreement is approved by a court of another county or by a court	522
of another state, no court or unit of state or local government	523
shall charge any fee, cost, deposit, or money in connection with	524
the filing of a motion pursuant to this section, in connection	525
with the filing, issuance, registration, or service of a	526
protection order or consent agreement, or for obtaining certified	527
copies of a protection order or consent agreement.	528

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

529

(1) "Sexually oriented offense" has the same meaning as in	530
section 2950.01 of the Revised Code.	531

(2) "Companion animal" has the same meaning as in section	532
959.131 of the Revised Code.	533

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

534

(1) "Court" means the court of common pleas of the county in	535
which the person to be protected by the protection order resides.	536

(2) "Victim advocate" means a person who provides support and	537
assistance for a person who files a petition under this section.	538

(3) "Family or household member" has the same meaning as in	539
section 3113.31 of the Revised Code.	540

(4) "Protection order issued by a court of another state" has	541
the same meaning as in section 2919.27 of the Revised Code.	542

(5) "Sexually oriented offense" has the same meaning as in	543
section 2950.01 of the Revised Code.	544

(6) "Electronic monitoring" has the same meaning as in	545
section 2929.01 of the Revised Code.	546

(7) "Companion animal" has the same meaning as in section	547
959.131 of the Revised Code.	548

(B) The court has jurisdiction over all proceedings under	549
this section.	550

(C) A person may seek relief under this section for the	551
person, or any parent or adult household member may seek relief	552
under this section on behalf of any other family or household	553
member, by filing a petition with the court. The petition shall	554
contain or state all of the following:	555

(1) An allegation that the respondent is eighteen years of	556
age or older and engaged in a violation of section 2903.211 of the	557
Revised Code against the person to be protected by the protection	558
order or committed a sexually oriented offense against the person	559
to be protected by the protection order, including a description	560
of the nature and extent of the violation;	561

(2) If the petitioner seeks relief in the form of electronic	562
monitoring of the respondent, an allegation that at any time	563
preceding the filing of the petition the respondent engaged in	564
conduct that would cause a reasonable person to believe that the	565
health, welfare, or safety of the person to be protected was at	566
risk, a description of the nature and extent of that conduct, and	567
an allegation that the respondent presents a continuing danger to	568
the person to be protected;	569

(3) A request for relief under this section.

570

(D)(1) If a person who files a petition pursuant to this	571
section requests an ex parte order, the court shall hold an ex	572
parte hearing as soon as possible after the petition is filed, but	573
not later than the next day that the court is in session after the	574
petition is filed. The court, for good cause shown at the ex parte	575
hearing, may enter any temporary orders, with or without bond,	576
that the court finds necessary for the safety and protection of	577
the person to be protected by the order. Immediate and present	578
danger to the person to be protected by the protection order	579
constitutes good cause for purposes of this section. Immediate and	580
present danger includes, but is not limited to, situations in	581
which the respondent has threatened the person to be protected by	582
the protection order with bodily harm or in which the respondent	583
previously has been convicted of or pleaded guilty to a violation	584
of section 2903.211 of the Revised Code or a sexually oriented	585
offense against the person to be protected by the protection	586
order.	587

(2)(a) If the court, after an ex parte hearing, issues a	588
protection order described in division (E) of this section, the	589
court shall schedule a full hearing for a date that is within ten	590
court days after the ex parte hearing. The court shall give the	591
respondent notice of, and an opportunity to be heard at, the full	592
hearing. The court shall hold the full hearing on the date	593
scheduled under this division unless the court grants a	594
continuance of the hearing in accordance with this division. Under	595
any of the following circumstances or for any of the following	596
reasons, the court may grant a continuance of the full hearing to	597
a reasonable time determined by the court:	598

(i) Prior to the date scheduled for the full hearing under	599
this division, the respondent has not been served with the	600
petition filed pursuant to this section and notice of the full	601
hearing.	602

(ii) The parties consent to the continuance.

603

(iii) The continuance is needed to allow a party to obtain	604
counsel.	605

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

606

(b) An ex parte order issued under this section does not	607
expire because of a failure to serve notice of the full hearing	608
upon the respondent before the date set for the full hearing under	609
division (D)(2)(a) of this section or because the court grants a	610
continuance under that division.	611

(3) If a person who files a petition pursuant to this section	612
does not request an ex parte order, or if a person requests an ex	613
parte order but the court does not issue an ex parte order after	614
an ex parte hearing, the court shall proceed as in a normal civil	615
action and grant a full hearing on the matter.	616

(E)(1)(a) After an ex parte or full hearing, the court may	617
issue any protection order, with or without bond, that contains	618
terms designed to ensure the safety and protection of the person	619
to be protected by the protection order, including, but not	620
limited to, a requirement that the respondent refrain from	621
entering the residence, school, business, or place of employment	622
of the petitioner or family or household member. If the court	623
includes a requirement that the respondent refrain from entering	624
the residence, school, business, or place of employment of the	625
petitioner or family or household member in the order, it also	626
shall include in the order provisions of the type described in	627
division (E)(5) of this section. The court may include within a	628
protection order issued under this section a term requiring that	629
the respondent not remove, damage, hide, harm, or dispose of any	630
companion animal owned or possessed by the person to be protected	631
by the order, and may include within the order a term authorizing	632
the person to be protected by the order to remove a companion	633
animal owned by the person to be protected by the order from the	634
possession of the respondent.	635

(b) After a full hearing, if the court considering a petition	636
that includes an allegation of the type described in division	637
(C)(2) of this section, or the court upon its own motion, finds	638
upon clear and convincing evidence that the petitioner reasonably	639
believed that the respondent's conduct at any time preceding the	640
filing of the petition endangered the health, welfare, or safety	641
of the person to be protected and that the respondent presents a	642
continuing danger to the person to be protected, the court may	643
order that the respondent be electronically monitored for a period	644
of time and under the terms and conditions that the court	645
determines are appropriate. Electronic monitoring shall be in	646
addition to any other relief granted to the petitioner.	647

(2)(a) Any protection order issued pursuant to this section	648
shall be valid until a date certain but not later than five years	649
from the date of its issuance.	650

(b) Any protection order issued pursuant to this section may	651
be renewed in the same manner as the original order was issued.	652

(3) A court may not issue a protection order that requires a	653
petitioner to do or to refrain from doing an act that the court	654
may require a respondent to do or to refrain from doing under	655
division (E)(1) of this section unless all of the following apply:	656

(a) The respondent files a separate petition for a protection	657
order in accordance with this section.	658

(b) The petitioner is served with notice of the respondent's	659
petition at least forty-eight hours before the court holds a	660
hearing with respect to the respondent's petition, or the	661
petitioner waives the right to receive this notice.	662

(c) If the petitioner has requested an ex parte order	663
pursuant to division (D) of this section, the court does not delay	664
any hearing required by that division beyond the time specified in	665
that division in order to consolidate the hearing with a hearing	666
on the petition filed by the respondent.	667

(d) After a full hearing at which the respondent presents	668
evidence in support of the request for a protection order and the	669
petitioner is afforded an opportunity to defend against that	670
evidence, the court determines that the petitioner has committed a	671
violation of section 2903.211 of the Revised Code against the	672
person to be protected by the protection order issued pursuant to	673
division (E)(3) of this section, has committed a sexually oriented	674
offense against the person to be protected by the protection order	675
issued pursuant to division (E)(3) of this section, or has	676
violated a protection order issued pursuant to section 2903.213 of	677
the Revised Code relative to the person to be protected by the	678
protection order issued pursuant to division (E)(3) of this	679
section.	680

(4) No protection order issued pursuant to this section shall	681
in any manner affect title to any real property.	682

(5)(a) If the court issues a protection order under this	683
section that includes a requirement that the alleged offender	684
refrain from entering the residence, school, business, or place of	685
employment of the petitioner or a family or household member, the	686
order shall clearly state that the order cannot be waived or	687
nullified by an invitation to the alleged offender from the	688
complainant to enter the residence, school, business, or place of	689
employment or by the alleged offender's entry into one of those	690
places otherwise upon the consent of the petitioner or family or	691
household member.	692

(b) Division (E)(5)(a) of this section does not limit any	693
discretion of a court to determine that an alleged offender	694
charged with a violation of section 2919.27 of the Revised Code,	695
with a violation of a municipal ordinance substantially equivalent	696
to that section, or with contempt of court, which charge is based	697
on an alleged violation of a protection order issued under this	698
section, did not commit the violation or was not in contempt of	699
court.	700

(F)(1) The court shall cause the delivery of a copy of any	701
protection order that is issued under this section to the	702
petitioner, to the respondent, and to all law enforcement agencies	703
that have jurisdiction to enforce the order. The court shall	704
direct that a copy of the order be delivered to the respondent on	705
the same day that the order is entered.	706

(2) Upon the issuance of a protection order under this	707
section, the court shall provide the parties to the order with the	708
following notice orally or by form:	709

"NOTICE	710

As a result of this order, it may be unlawful for you to	711
possess or purchase a firearm, including a rifle, pistol, or	712
revolver, or ammunition pursuant to federal law under 18 U.S.C.	713
922(g)(8). If you have any questions whether this law makes it	714
illegal for you to possess or purchase a firearm or ammunition,	715
you should consult an attorney."	716

(3) All law enforcement agencies shall establish and maintain	717
an index for the protection orders delivered to the agencies	718
pursuant to division (F)(1) of this section. With respect to each	719
order delivered, each agency shall note on the index the date and	720
time that it received the order.	721

(4) Regardless of whether the petitioner has registered the	722
protection order in the county in which the officer's agency has	723
jurisdiction pursuant to division (M) of this section, any officer	724
of a law enforcement agency shall enforce a protection order	725
issued pursuant to this section by any court in this state in	726
accordance with the provisions of the order, including removing	727
the respondent from the premises, if appropriate.	728

(G) Any proceeding under this section shall be conducted in	729
accordance with the Rules of Civil Procedure, except that a	730
protection order may be obtained under this section with or	731
without bond. An order issued under this section, other than an ex	732
parte order, that grants a protection order, or that refuses to	733
grant a protection order, is a final, appealable order. The	734
remedies and procedures provided in this section are in addition	735
to, and not in lieu of, any other available civil or criminal	736
remedies.	737

(H) The filing of proceedings under this section does not	738
excuse a person from filing any report or giving any notice	739
required by section 2151.421 of the Revised Code or by any other	740
law.	741

(I) Any law enforcement agency that investigates an alleged	742
violation of section 2903.211 of the Revised Code or an alleged	743
commission of a sexually oriented offense shall provide	744
information to the victim and the family or household members of	745
the victim regarding the relief available under this section and	746
section 2903.213 of the Revised Code.	747

(J) Notwithstanding any provision of law to the contrary and	748
regardless of whether a protection order is issued or a consent	749
agreement is approved by a court of another county or by a court	750
of another state, no court or unit of state or local government	751
shall charge any fee, cost, deposit, or money in connection with	752
the filing of a petition pursuant to this section, in connection	753
with the filing, issuance, registration, or service of a	754
protection order or consent agreement, or for obtaining a	755
certified copy of a protection order or consent agreement.	756

(K)(1) A person who violates a protection order issued under	757
this section is subject to the following sanctions:	758

(a) Criminal prosecution for a violation of section 2919.27	759
of the Revised Code, if the violation of the protection order	760
constitutes a violation of that section;	761

(b) Punishment for contempt of court.

762

(2) The punishment of a person for contempt of court for	763
violation of a protection order issued under this section does not	764
bar criminal prosecution of the person for a violation of section	765
2919.27 of the Revised Code. However, a person punished for	766
contempt of court is entitled to credit for the punishment imposed	767
upon conviction of a violation of that section, and a person	768
convicted of a violation of that section shall not subsequently be	769
punished for contempt of court arising out of the same activity.	770

(L) In all stages of a proceeding under this section, a	771
petitioner may be accompanied by a victim advocate.	772

(M)(1) A petitioner who obtains a protection order under this	773
section or a protection order under section 2903.213 of the	774
Revised Code may provide notice of the issuance or approval of the	775
order to the judicial and law enforcement officials in any county	776
other than the county in which the order is issued by registering	777
that order in the other county pursuant to division (M)(2) of this	778
section and filing a copy of the registered order with a law	779
enforcement agency in the other county in accordance with that	780
division. A person who obtains a protection order issued by a	781
court of another state may provide notice of the issuance of the	782
order to the judicial and law enforcement officials in any county	783
of this state by registering the order in that county pursuant to	784
section 2919.272 of the Revised Code and filing a copy of the	785
registered order with a law enforcement agency in that county.	786

(2) A petitioner may register a protection order issued	787
pursuant to this section or section 2903.213 of the Revised Code	788
in a county other than the county in which the court that issued	789
the order is located in the following manner:	790

(a) The petitioner shall obtain a certified copy of the order	791
from the clerk of the court that issued the order and present that	792
certified copy to the clerk of the court of common pleas or the	793
clerk of a municipal court or county court in the county in which	794
the order is to be registered.	795

(b) Upon accepting the certified copy of the order for	796
registration, the clerk of the court of common pleas, municipal	797
court, or county court shall place an endorsement of registration	798
on the order and give the petitioner a copy of the order that	799
bears that proof of registration.	800

(3) The clerk of each court of common pleas, municipal court,	801
or county court shall maintain a registry of certified copies of	802
protection orders that have been issued by courts in other	803
counties pursuant to this section or section 2903.213 of the	804
Revised Code and that have been registered with the clerk.	805

(N)(1) If the court orders electronic monitoring of the	806
respondent under this section, the court shall direct the	807
sheriff's office or any other appropriate law enforcement agency	808
to install the electronic monitoring device and to monitor the	809
respondent. Unless the court determines that the respondent is	810
indigent, the court shall order the respondent to pay the cost of	811
the installation and monitoring of the electronic monitoring	812
device. If the court determines that the respondent is indigent	813
and subject to the maximum amount allowable to be paid in any year	814
from the fund and the rules promulgated by the attorney general	815
under division (N)(2) of this section, the cost of the	816
installation and monitoring of the electronic monitoring device	817
may be paid out of funds from the reparations fund created	818
pursuant to section 2743.191 of the Revised Code. The total amount	819
of costs for the installation and monitoring of electronic	820
monitoring devices paid pursuant to this division and sections	821
2151.34 and 2919.27 of the Revised Code from the reparations fund	822
shall not exceed three hundred thousand dollars per year.	823

(2) The attorney general may promulgate rules pursuant to	824
section 111.15 of the Revised Code to govern payments made from	825
the reparations fund pursuant to this division and sections	826
2151.34 and 2919.27 of the Revised Code. The rules may include	827
reasonable limits on the total cost paid pursuant to this division	828
and sections 2151.34 and 2919.27 of the Revised Code per	829
respondent, the amount of the three hundred thousand dollars	830
allocated to each county, and how invoices may be submitted by a	831
county, court, or other entity.	832

Sec. 2919.26. (A)(1) Upon the filing of a complaint that	833
alleges a violation of section 2909.06, 2909.07, 2911.12, or	834
2911.211 of the Revised Code if the alleged victim of the	835
violation was a family or household member at the time of the	836
violation, a violation of a municipal ordinance that is	837
substantially similar to any of those sections if the alleged	838
victim of the violation was a family or household member at the	839
time of the violation, any offense of violence if the alleged	840
victim of the offense was a family or household member at the time	841
of the commission of the offense, or any sexually oriented offense	842
if the alleged victim of the offense was a family or household	843
member at the time of the commission of the offense, the	844
complainant, the alleged victim, or a family or household member	845
of an alleged victim may file, or, if in an emergency the alleged	846
victim is unable to file, a person who made an arrest for the	847
alleged violation or offense under section 2935.03 of the Revised	848
Code may file on behalf of the alleged victim, a motion that	849
requests the issuance of a temporary protection order as a	850
pretrial condition of release of the alleged offender, in addition	851
to any bail set under Criminal Rule 46. The motion shall be filed	852
with the clerk of the court that has jurisdiction of the case at	853
any time after the filing of the complaint.	854

(2) For purposes of section 2930.09 of the Revised Code, all	855
stages of a proceeding arising out of a complaint alleging the	856
commission of a violation, offense of violence, or sexually	857
oriented offense described in division (A)(1) of this section,	858
including all proceedings on a motion for a temporary protection	859
order, are critical stages of the case, and a victim may be	860
accompanied by a victim advocate or another person to provide	861
support to the victim as provided in that section.	862

(B) The motion shall be prepared on a form that is provided	863
by the clerk of the court, which form shall be substantially as	864
follows:	865

"MOTION FOR TEMPORARY PROTECTION ORDER	866

.......................... Court	867

Name and address of court	868

State of Ohio	869

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

870

..........................................	871

Name of Defendant	872

(name of person), moves the court to issue a temporary protection	873
order containing terms designed to ensure the safety and	874
protection of the complainant, alleged victim, and other family or	875
household members, in relation to the named defendant, pursuant to	876
its authority to issue such an order under section 2919.26 of the	877
Revised Code.	878

A complaint, a copy of which has been attached to this	879
motion, has been filed in this court charging the named defendant	880
with .......................... (name of the specified violation,	881
the offense of violence, or sexually oriented offense charged) in	882
circumstances in which the victim was a family or household member	883
in violation of (section of the Revised Code designating the	884
specified violation, offense of violence, or sexually oriented	885
offense charged), or charging the named defendant with a violation	886
of a municipal ordinance that is substantially similar to	887
........................ (section of the Revised Code designating	888
the specified violation, offense of violence, or sexually oriented	889
offense charged) involving a family or household member.	890

I understand that I must appear before the court, at a time	891
set by the court within twenty-four hours after the filing of this	892
motion, for a hearing on the motion or that, if I am unable to	893
appear because of hospitalization or a medical condition resulting	894
from the offense alleged in the complaint, a person who can	895
provide information about my need for a temporary protection order	896
must appear before the court in lieu of my appearing in court. I	897
understand that any temporary protection order granted pursuant to	898
this motion is a pretrial condition of release and is effective	899
only until the disposition of the criminal proceeding arising out	900
of the attached complaint, or the issuance of a civil protection	901
order or the approval of a consent agreement, arising out of the	902
same activities as those that were the basis of the complaint,	903
under section 3113.31 of the Revised Code.	904

..........................................	905

Signature of person	906

(or signature of the arresting officer who filed the motion on	907
behalf of the alleged victim)	908

..........................................	909

Address of person (or office address of the arresting officer who	910
filed the motion on behalf of the alleged victim)"	911

(C)(1) As soon as possible after the filing of a motion that	912
requests the issuance of a temporary protection order, but not	913
later than twenty-four hours after the filing of the motion, the	914
court shall conduct a hearing to determine whether to issue the	915
order. The person who requested the order shall appear before the	916
court and provide the court with the information that it requests	917
concerning the basis of the motion. If the person who requested	918
the order is unable to appear and if the court finds that the	919
failure to appear is because of the person's hospitalization or	920
medical condition resulting from the offense alleged in the	921
complaint, another person who is able to provide the court with	922
the information it requests may appear in lieu of the person who	923
requested the order. If the court finds that the safety and	924
protection of the complainant, alleged victim, or any other family	925
or household member of the alleged victim may be impaired by the	926
continued presence of the alleged offender, the court may issue a	927
temporary protection order, as a pretrial condition of release,	928
that contains terms designed to ensure the safety and protection	929
of the complainant, alleged victim, or the family or household	930
member, including a requirement that the alleged offender refrain	931
from entering the residence, school, business, or place of	932
employment of the complainant, alleged victim, or the family or	933
household member. The court may include within a protection order	934
issued under this section a term requiring that the alleged	935
offender not remove, damage, hide, harm, or dispose of any	936
companion animal owned or possessed by the complainant, alleged	937
victim, or any other family or household member of the alleged	938
victim, and may include within the order a term authorizing the	939
complainant, alleged victim, or other family or household member	940
of the alleged victim to remove a companion animal owned by the	941
complainant, alleged victim, or other family or household member	942
from the possession of the alleged offender.	943

(2)(a) If the court issues a temporary protection order that	944
includes a requirement that the alleged offender refrain from	945
entering the residence, school, business, or place of employment	946
of the complainant, the alleged victim, or the family or household	947
member, the order shall state clearly that the order cannot be	948
waived or nullified by an invitation to the alleged offender from	949
the complainant, alleged victim, or family or household member to	950
enter the residence, school, business, or place of employment or	951
by the alleged offender's entry into one of those places otherwise	952
upon the consent of the complainant, alleged victim, or family or	953
household member.	954

(b) Division (C)(2)(a) of this section does not limit any	955
discretion of a court to determine that an alleged offender	956
charged with a violation of section 2919.27 of the Revised Code,	957
with a violation of a municipal ordinance substantially equivalent	958
to that section, or with contempt of court, which charge is based	959
on an alleged violation of a temporary protection order issued	960
under this section, did not commit the violation or was not in	961
contempt of court.	962

(D)(1) Upon the filing of a complaint that alleges a	963
violation of section 2909.06, 2909.07, 2911.12, or 2911.211 of the	964
Revised Code if the alleged victim of the violation was a family	965
or household member at the time of the violation, a violation of a	966
municipal ordinance that is substantially similar to any of those	967
sections if the alleged victim of the violation was a family or	968
household member at the time of the violation, any offense of	969
violence if the alleged victim of the offense was a family or	970
household member at the time of the commission of the offense, or	971
any sexually oriented offense if the alleged victim of the offense	972
was a family or household member at the time of the commission of	973
the offense, the court, upon its own motion, may issue a temporary	974
protection order as a pretrial condition of release if it finds	975
that the safety and protection of the complainant, alleged victim,	976
or other family or household member of the alleged offender may be	977
impaired by the continued presence of the alleged offender.	978

(2) If the court issues a temporary protection order under	979
this section as an ex parte order, it shall conduct, as soon as	980
possible after the issuance of the order, a hearing in the	981
presence of the alleged offender not later than the next day on	982
which the court is scheduled to conduct business after the day on	983
which the alleged offender was arrested or at the time of the	984
appearance of the alleged offender pursuant to summons to	985
determine whether the order should remain in effect, be modified,	986
or be revoked. The hearing shall be conducted under the standards	987
set forth in division (C) of this section.	988

(3) An order issued under this section shall contain only	989
those terms authorized in orders issued under division (C) of this	990
section.	991

(4) If a municipal court or a county court issues a temporary	992
protection order under this section and if, subsequent to the	993
issuance of the order, the alleged offender who is the subject of	994
the order is bound over to the court of common pleas for	995
prosecution of a felony arising out of the same activities as	996
those that were the basis of the complaint upon which the order is	997
based, notwithstanding the fact that the order was issued by a	998
municipal court or county court, the order shall remain in effect,	999
as though it were an order of the court of common pleas, while the	1000
charges against the alleged offender are pending in the court of	1001
common pleas, for the period of time described in division (E)(2)	1002
of this section, and the court of common pleas has exclusive	1003
jurisdiction to modify the order issued by the municipal court or	1004
county court. This division applies when the alleged offender is	1005
bound over to the court of common pleas as a result of the person	1006
waiving a preliminary hearing on the felony charge, as a result of	1007
the municipal court or county court having determined at a	1008
preliminary hearing that there is probable cause to believe that	1009
the felony has been committed and that the alleged offender	1010
committed it, as a result of the alleged offender having been	1011
indicted for the felony, or in any other manner.	1012

(E) A temporary protection order that is issued as a pretrial	1013
condition of release under this section:	1014

(1) Is in addition to, but shall not be construed as a part	1015
of, any bail set under Criminal Rule 46;	1016

(2) Is effective only until the occurrence of either of the	1017
following:	1018

(a) The disposition, by the court that issued the order or,	1019
in the circumstances described in division (D)(4) of this section,	1020
by the court of common pleas to which the alleged offender is	1021
bound over for prosecution, of the criminal proceeding arising out	1022
of the complaint upon which the order is based;	1023

(b) The issuance of a protection order or the approval of a	1024
consent agreement, arising out of the same activities as those	1025
that were the basis of the complaint upon which the order is	1026
based, under section 3113.31 of the Revised Code;	1027

(3) Shall not be construed as a finding that the alleged	1028
offender committed the alleged offense, and shall not be	1029
introduced as evidence of the commission of the offense at the	1030
trial of the alleged offender on the complaint upon which the	1031
order is based.	1032

(F) A person who meets the criteria for bail under Criminal	1033
Rule 46 and who, if required to do so pursuant to that rule,	1034
executes or posts bond or deposits cash or securities as bail,	1035
shall not be held in custody pending a hearing before the court on	1036
a motion requesting a temporary protection order.	1037

(G)(1) A copy of any temporary protection order that is	1038
issued under this section shall be issued by the court to the	1039
complainant, to the alleged victim, to the person who requested	1040
the order, to the defendant, and to all law enforcement agencies	1041
that have jurisdiction to enforce the order. The court shall	1042
direct that a copy of the order be delivered to the defendant on	1043
the same day that the order is entered. If a municipal court or a	1044
county court issues a temporary protection order under this	1045
section and if, subsequent to the issuance of the order, the	1046
defendant who is the subject of the order is bound over to the	1047
court of common pleas for prosecution as described in division	1048
(D)(4) of this section, the municipal court or county court shall	1049
direct that a copy of the order be delivered to the court of	1050
common pleas to which the defendant is bound over.	1051

(2) Upon the issuance of a protection order under this	1052
section, the court shall provide the parties to the order with the	1053
following notice orally or by form:	1054

"NOTICE	1055

As a result of this protection order, it may be unlawful for	1056
you to possess or purchase a firearm, including a rifle, pistol,	1057
or revolver, or ammunition pursuant to federal law under 18 U.S.C.	1058
922(g)(8). If you have any questions whether this law makes it	1059
illegal for you to possess or purchase a firearm or ammunition,	1060
you should consult an attorney."	1061

(3) All law enforcement agencies shall establish and maintain	1062
an index for the temporary protection orders delivered to the	1063
agencies pursuant to division (G)(1) of this section. With respect	1064
to each order delivered, each agency shall note on the index, the	1065
date and time of the receipt of the order by the agency.	1066

(4) A complainant, alleged victim, or other person who	1067
obtains a temporary protection order under this section may	1068
provide notice of the issuance of the temporary protection order	1069
to the judicial and law enforcement officials in any county other	1070
than the county in which the order is issued by registering that	1071
order in the other county in accordance with division (N) of	1072
section 3113.31 of the Revised Code and filing a copy of the	1073
registered protection order with a law enforcement agency in the	1074
other county in accordance with that division.	1075

(5) Any officer of a law enforcement agency shall enforce a	1076
temporary protection order issued by any court in this state in	1077
accordance with the provisions of the order, including removing	1078
the defendant from the premises, regardless of whether the order	1079
is registered in the county in which the officer's agency has	1080
jurisdiction as authorized by division (G)(4) of this section.	1081

(H) Upon a violation of a temporary protection order, the	1082
court may issue another temporary protection order, as a pretrial	1083
condition of release, that modifies the terms of the order that	1084
was violated.	1085

(I)(1) As used in divisions (I)(1) and (2) of this section,	1086
"defendant" means a person who is alleged in a complaint to have	1087
committed a violation, offense of violence, or sexually oriented	1088
offense of the type described in division (A) of this section.	1089

(2) If a complaint is filed that alleges that a person	1090
committed a violation, offense of violence, or sexually oriented	1091
offense of the type described in division (A) of this section, the	1092
court may not issue a temporary protection order under this	1093
section that requires the complainant, the alleged victim, or	1094
another family or household member of the defendant to do or	1095
refrain from doing an act that the court may require the defendant	1096
to do or refrain from doing under a temporary protection order	1097
unless both of the following apply:	1098

(a) The defendant has filed a separate complaint that alleges	1099
that the complainant, alleged victim, or other family or household	1100
member in question who would be required under the order to do or	1101
refrain from doing the act committed a violation or offense of	1102
violence of the type described in division (A) of this section.	1103

(b) The court determines that both the complainant, alleged	1104
victim, or other family or household member in question who would	1105
be required under the order to do or refrain from doing the act	1106
and the defendant acted primarily as aggressors, that neither the	1107
complainant, alleged victim, or other family or household member	1108
in question who would be required under the order to do or refrain	1109
from doing the act nor the defendant acted primarily in	1110
self-defense, and, in accordance with the standards and criteria	1111
of this section as applied in relation to the separate complaint	1112
filed by the defendant, that it should issue the order to require	1113
the complainant, alleged victim, or other family or household	1114
member in question to do or refrain from doing the act.	1115

(J) Notwithstanding any provision of law to the contrary and	1116
regardless of whether a protection order is issued or a consent	1117
agreement is approved by a court of another county or a court of	1118
another state, no court or unit of state or local government shall	1119
charge any fee, cost, deposit, or money in connection with the	1120
filing of a motion pursuant to this section, in connection with	1121
the filing, issuance, registration, or service of a protection	1122
order or consent agreement, or for obtaining a certified copy of a	1123
protection order or consent agreement.	1124

(K) As used in this section:

1125

(1) "Companion animal" has the same meaning as in section	1126
959.131 of the Revised Code.	1127

(2) "Sexually oriented offense" has the same meaning as in	1128
section 2950.01 of the Revised Code.	1129

~~(2)~~(3) "Victim advocate" means a person who provides support	1130
and assistance for a victim of an offense during court	1131
proceedings.	1132

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

1133

(1) "Domestic violence" means the occurrence of one or more	1134
of the following acts against a family or household member:	1135

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

1136

(b) Placing another person by the threat of force in fear of	1137
imminent serious physical harm or committing a violation of	1138
section 2903.211 or 2911.211 of the Revised Code;	1139

(c) Committing any act with respect to a child that would	1140
result in the child being an abused child, as defined in section	1141
2151.031 of the Revised Code;	1142

(d) Committing a sexually oriented offense.

1143

(2) "Court" means the domestic relations division of the	1144
court of common pleas in counties that have a domestic relations	1145
division and the court of common pleas in counties that do not	1146
have a domestic relations division, or the juvenile division of	1147
the court of common pleas of the county in which the person to be	1148
protected by a protection order issued or a consent agreement	1149
approved under this section resides if the respondent is less than	1150
eighteen years of age.	1151

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

1152

(a) Any of the following who is residing with or has resided	1153
with the respondent:	1154

(i) A spouse, a person living as a spouse, or a former spouse	1155
of the respondent;	1156

(ii) A parent, a foster parent, or a child of the respondent,	1157
or another person related by consanguinity or affinity to the	1158
respondent;	1159

(iii) A parent or a child of a spouse, person living as a	1160
spouse, or former spouse of the respondent, or another person	1161
related by consanguinity or affinity to a spouse, person living as	1162
a spouse, or former spouse of the respondent.	1163

(b) The natural parent of any child of whom the respondent is	1164
the other natural parent or is the putative other natural parent.	1165

(4) "Person living as a spouse" means a person who is living	1166
or has lived with the respondent in a common law marital	1167
relationship, who otherwise is cohabiting with the respondent, or	1168
who otherwise has cohabited with the respondent within five years	1169
prior to the date of the alleged occurrence of the act in	1170
question.	1171

(5) "Victim advocate" means a person who provides support and	1172
assistance for a person who files a petition under this section.	1173

(6) "Sexually oriented offense" has the same meaning as in	1174
section 2950.01 of the Revised Code.	1175

(7) "Companion animal" has the same meaning as in section	1176
959.131 of the Revised Code.	1177

(B) The court has jurisdiction over all proceedings under	1178
this section. The petitioner's right to relief under this section	1179
is not affected by the petitioner's leaving the residence or	1180
household to avoid further domestic violence.	1181

(C) A person may seek relief under this section on the	1182
person's own behalf, or any parent or adult household member may	1183
seek relief under this section on behalf of any other family or	1184
household member, by filing a petition with the court. The	1185
petition shall contain or state:	1186

(1) An allegation that the respondent engaged in domestic	1187
violence against a family or household member of the respondent,	1188
including a description of the nature and extent of the domestic	1189
violence;	1190

(2) The relationship of the respondent to the petitioner, and	1191
to the victim if other than the petitioner;	1192

(3) A request for relief under this section.

1193

(D)(1) If a person who files a petition pursuant to this	1194
section requests an ex parte order, the court shall hold an ex	1195
parte hearing on the same day that the petition is filed. The	1196
court, for good cause shown at the ex parte hearing, may enter any	1197
temporary orders, with or without bond, including, but not limited	1198
to, an order described in division (E)(1)(a), (b), or (c) of this	1199
section, that the court finds necessary to protect the family or	1200
household member from domestic violence. Immediate and present	1201
danger of domestic violence to the family or household member	1202
constitutes good cause for purposes of this section. Immediate and	1203
present danger includes, but is not limited to, situations in	1204
which the respondent has threatened the family or household member	1205
with bodily harm, in which the respondent has threatened the	1206
family or household member with a sexually oriented offense, or in	1207
which the respondent previously has been convicted of, pleaded	1208
guilty to, or been adjudicated a delinquent child for an offense	1209
that constitutes domestic violence against the family or household	1210
member.	1211

(2)(a) If the court, after an ex parte hearing, issues an	1212
order described in division (E)(1)(b) or (c) of this section, the	1213
court shall schedule a full hearing for a date that is within	1214
seven court days after the ex parte hearing. If any other type of	1215
protection order that is authorized under division (E) of this	1216
section is issued by the court after an ex parte hearing, the	1217
court shall schedule a full hearing for a date that is within ten	1218
court days after the ex parte hearing. The court shall give the	1219
respondent notice of, and an opportunity to be heard at, the full	1220
hearing. The court shall hold the full hearing on the date	1221
scheduled under this division unless the court grants a	1222
continuance of the hearing in accordance with this division. Under	1223
any of the following circumstances or for any of the following	1224
reasons, the court may grant a continuance of the full hearing to	1225
a reasonable time determined by the court:	1226

(i) Prior to the date scheduled for the full hearing under	1227
this division, the respondent has not been served with the	1228
petition filed pursuant to this section and notice of the full	1229
hearing.	1230

(ii) The parties consent to the continuance.

1231

(iii) The continuance is needed to allow a party to obtain	1232
counsel.	1233

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

1234

(b) An ex parte order issued under this section does not	1235
expire because of a failure to serve notice of the full hearing	1236
upon the respondent before the date set for the full hearing under	1237
division (D)(2)(a) of this section or because the court grants a	1238
continuance under that division.	1239

(3) If a person who files a petition pursuant to this section	1240
does not request an ex parte order, or if a person requests an ex	1241
parte order but the court does not issue an ex parte order after	1242
an ex parte hearing, the court shall proceed as in a normal civil	1243
action and grant a full hearing on the matter.	1244

(E)(1) After an ex parte or full hearing, the court may grant	1245
any protection order, with or without bond, or approve any consent	1246
agreement to bring about a cessation of domestic violence against	1247
the family or household members. The order or agreement may:	1248

(a) Direct the respondent to refrain from abusing or from	1249
committing sexually oriented offenses against the family or	1250
household members;	1251

(b) Grant possession of the residence or household to the	1252
petitioner or other family or household member, to the exclusion	1253
of the respondent, by evicting the respondent, when the residence	1254
or household is owned or leased solely by the petitioner or other	1255
family or household member, or by ordering the respondent to	1256
vacate the premises, when the residence or household is jointly	1257
owned or leased by the respondent, and the petitioner or other	1258
family or household member;	1259

(c) When the respondent has a duty to support the petitioner	1260
or other family or household member living in the residence or	1261
household and the respondent is the sole owner or lessee of the	1262
residence or household, grant possession of the residence or	1263
household to the petitioner or other family or household member,	1264
to the exclusion of the respondent, by ordering the respondent to	1265
vacate the premises, or, in the case of a consent agreement, allow	1266
the respondent to provide suitable, alternative housing;	1267

(d) Temporarily allocate parental rights and responsibilities	1268
for the care of, or establish temporary parenting time rights with	1269
regard to, minor children, if no other court has determined, or is	1270
determining, the allocation of parental rights and	1271
responsibilities for the minor children or parenting time rights;	1272

(e) Require the respondent to maintain support, if the	1273
respondent customarily provides for or contributes to the support	1274
of the family or household member, or if the respondent has a duty	1275
to support the petitioner or family or household member;	1276

(f) Require the respondent, petitioner, victim of domestic	1277
violence, or any combination of those persons, to seek counseling;	1278

(g) Require the respondent to refrain from entering the	1279
residence, school, business, or place of employment of the	1280
petitioner or family or household member;	1281

(h) Grant other relief that the court considers equitable and	1282
fair, including, but not limited to, ordering the respondent to	1283
permit the use of a motor vehicle by the petitioner or other	1284
family or household member and the apportionment of household and	1285
family personal property;	1286

(i) Require that the respondent not remove, damage, hide,	1287
harm, or dispose of any companion animal owned or possessed by the	1288
petitioner;	1289

(j) Authorize the petitioner to remove a companion animal	1290
owned by the petitioner from the possession of the respondent.	1291

(2) If a protection order has been issued pursuant to this	1292
section in a prior action involving the respondent and the	1293
petitioner or one or more of the family or household members or	1294
victims, the court may include in a protection order that it	1295
issues a prohibition against the respondent returning to the	1296
residence or household. If it includes a prohibition against the	1297
respondent returning to the residence or household in the order,	1298
it also shall include in the order provisions of the type	1299
described in division (E)(7) of this section. This division does	1300
not preclude the court from including in a protection order or	1301
consent agreement, in circumstances other than those described in	1302
this division, a requirement that the respondent be evicted from	1303
or vacate the residence or household or refrain from entering the	1304
residence, school, business, or place of employment of the	1305
petitioner or a family or household member, and, if the court	1306
includes any requirement of that type in an order or agreement,	1307
the court also shall include in the order provisions of the type	1308
described in division (E)(7) of this section.	1309

(3)(a) Any protection order issued or consent agreement	1310
approved under this section shall be valid until a date certain,	1311
but not later than five years from the date of its issuance or	1312
approval, or not later than the date a respondent who is less than	1313
eighteen years of age attains nineteen years of age, unless	1314
modified or terminated as provided in division (E)(8) of this	1315
section.	1316

(b) Subject to the limitation on the duration of an order or	1317
agreement set forth in division (E)(3)(a) of this section, any	1318
order under division (E)(1)(d) of this section shall terminate on	1319
the date that a court in an action for divorce, dissolution of	1320
marriage, or legal separation brought by the petitioner or	1321
respondent issues an order allocating parental rights and	1322
responsibilities for the care of children or on the date that a	1323
juvenile court in an action brought by the petitioner or	1324
respondent issues an order awarding legal custody of minor	1325
children. Subject to the limitation on the duration of an order or	1326
agreement set forth in division (E)(3)(a) of this section, any	1327
order under division (E)(1)(e) of this section shall terminate on	1328
the date that a court in an action for divorce, dissolution of	1329
marriage, or legal separation brought by the petitioner or	1330
respondent issues a support order or on the date that a juvenile	1331
court in an action brought by the petitioner or respondent issues	1332
a support order.	1333

(c) Any protection order issued or consent agreement approved	1334
pursuant to this section may be renewed in the same manner as the	1335
original order or agreement was issued or approved.	1336

(4) A court may not issue a protection order that requires a	1337
petitioner to do or to refrain from doing an act that the court	1338
may require a respondent to do or to refrain from doing under	1339
division (E)(1)(a), (b), (c), (d), (e), (g), or (h) of this	1340
section unless all of the following apply:	1341

(a) The respondent files a separate petition for a protection	1342
order in accordance with this section.	1343

(b) The petitioner is served notice of the respondent's	1344
petition at least forty-eight hours before the court holds a	1345
hearing with respect to the respondent's petition, or the	1346
petitioner waives the right to receive this notice.	1347

(c) If the petitioner has requested an ex parte order	1348
pursuant to division (D) of this section, the court does not delay	1349
any hearing required by that division beyond the time specified in	1350
that division in order to consolidate the hearing with a hearing	1351
on the petition filed by the respondent.	1352

(d) After a full hearing at which the respondent presents	1353
evidence in support of the request for a protection order and the	1354
petitioner is afforded an opportunity to defend against that	1355
evidence, the court determines that the petitioner has committed	1356
an act of domestic violence or has violated a temporary protection	1357
order issued pursuant to section 2919.26 of the Revised Code, that	1358
both the petitioner and the respondent acted primarily as	1359
aggressors, and that neither the petitioner nor the respondent	1360
acted primarily in self-defense.	1361

(5) No protection order issued or consent agreement approved	1362
under this section shall in any manner affect title to any real	1363
property.	1364

(6)(a) If a petitioner, or the child of a petitioner, who	1365
obtains a protection order or consent agreement pursuant to	1366
division (E)(1) of this section or a temporary protection order	1367
pursuant to section 2919.26 of the Revised Code and is the subject	1368
of a parenting time order issued pursuant to section 3109.051 or	1369
3109.12 of the Revised Code or a visitation or companionship order	1370
issued pursuant to section 3109.051, 3109.11, or 3109.12 of the	1371
Revised Code or division (E)(1)(d) of this section granting	1372
parenting time rights to the respondent, the court may require the	1373
public children services agency of the county in which the court	1374
is located to provide supervision of the respondent's exercise of	1375
parenting time or visitation or companionship rights with respect	1376
to the child for a period not to exceed nine months, if the court	1377
makes the following findings of fact:	1378

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

1379

(ii) No other person or agency is available to provide the	1380
supervision.	1381

(b) A court that requires an agency to provide supervision	1382
pursuant to division (E)(6)(a) of this section shall order the	1383
respondent to reimburse the agency for the cost of providing the	1384
supervision, if it determines that the respondent has sufficient	1385
income or resources to pay that cost.	1386

(7)(a) If a protection order issued or consent agreement	1387
approved under this section includes a requirement that the	1388
respondent be evicted from or vacate the residence or household or	1389
refrain from entering the residence, school, business, or place of	1390
employment of the petitioner or a family or household member, the	1391
order or agreement shall state clearly that the order or agreement	1392
cannot be waived or nullified by an invitation to the respondent	1393
from the petitioner or other family or household member to enter	1394
the residence, school, business, or place of employment or by the	1395
respondent's entry into one of those places otherwise upon the	1396
consent of the petitioner or other family or household member.	1397

(b) Division (E)(7)(a) of this section does not limit any	1398
discretion of a court to determine that a respondent charged with	1399
a violation of section 2919.27 of the Revised Code, with a	1400
violation of a municipal ordinance substantially equivalent to	1401
that section, or with contempt of court, which charge is based on	1402
an alleged violation of a protection order issued or consent	1403
agreement approved under this section, did not commit the	1404
violation or was not in contempt of court.	1405

(8)(a) The court may modify or terminate as provided in	1406
division (E)(8) of this section a protection order or consent	1407
agreement that was issued after a full hearing under this section.	1408
The court that issued the protection order or approved the consent	1409
agreement shall hear a motion for modification or termination of	1410
the protection order or consent agreement pursuant to division	1411
(E)(8) of this section.	1412

(b) Either the petitioner or the respondent of the original	1413
protection order or consent agreement may bring a motion for	1414
modification or termination of a protection order or consent	1415
agreement that was issued or approved after a full hearing. The	1416
court shall require notice of the motion to be made as provided by	1417
the Rules of Civil Procedure. If the petitioner for the original	1418
protection order or consent agreement has requested that the	1419
petitioner's address be kept confidential, the court shall not	1420
disclose the address to the respondent of the original protection	1421
order or consent agreement or any other person, except as	1422
otherwise required by law. The moving party has the burden of	1423
proof to show, by a preponderance of the evidence, that	1424
modification or termination of the protection order or consent	1425
agreement is appropriate because either the protection order or	1426
consent agreement is no longer needed or because the terms of the	1427
original protection order or consent agreement are no longer	1428
appropriate.	1429

(c) In considering whether to modify or terminate a	1430
protection order or consent agreement issued or approved under	1431
this section, the court shall consider all relevant factors,	1432
including, but not limited to, the following:	1433

(i) Whether the petitioner consents to modification or	1434
termination of the protection order or consent agreement;	1435

(ii) Whether the petitioner fears the respondent;

1436

(iii) The current nature of the relationship between the	1437
petitioner and the respondent;	1438

(iv) The circumstances of the petitioner and respondent,	1439
including the relative proximity of the petitioner's and	1440
respondent's workplaces and residences and whether the petitioner	1441
and respondent have minor children together;	1442

(v) Whether the respondent has complied with the terms and	1443
conditions of the original protection order or consent agreement;	1444

(vi) Whether the respondent has a continuing involvement with	1445
illegal drugs or alcohol;	1446

(vii) Whether the respondent has been convicted of, pleaded	1447
guilty to, or been adjudicated a delinquent child for an offense	1448
of violence since the issuance of the protection order or approval	1449
of the consent agreement;	1450

(viii) Whether any other protection orders, consent	1451
agreements, restraining orders, or no contact orders have been	1452
issued against the respondent pursuant to this section, section	1453
2919.26 of the Revised Code, any other provision of state law, or	1454
the law of any other state;	1455

(ix) Whether the respondent has participated in any domestic	1456
violence treatment, intervention program, or other counseling	1457
addressing domestic violence and whether the respondent has	1458
completed the treatment, program, or counseling;	1459

(x) The time that has elapsed since the protection order was	1460
issued or since the consent agreement was approved;	1461

(xi) The age and health of the respondent;

1462

(xii) When the last incident of abuse, threat of harm, or	1463
commission of a sexually oriented offense occurred or other	1464
relevant information concerning the safety and protection of the	1465
petitioner or other protected parties.	1466

(d) If a protection order or consent agreement is modified or	1467
terminated as provided in division (E)(8) of this section, the	1468
court shall issue copies of the modified or terminated order or	1469
agreement as provided in division (F) of this section. A	1470
petitioner may also provide notice of the modification or	1471
termination to the judicial and law enforcement officials in any	1472
county other than the county in which the order or agreement is	1473
modified or terminated as provided in division (N) of this	1474
section.	1475

(e) If the respondent moves for modification or termination	1476
of a protection order or consent agreement pursuant to this	1477
section, the court may assess costs against the respondent for the	1478
filing of the motion.	1479

(9) Any protection order issued or any consent agreement	1480
approved pursuant to this section shall include a provision that	1481
the court will automatically seal all of the records of the	1482
proceeding in which the order is issued or agreement approved on	1483
the date the respondent attains the age of nineteen years unless	1484
the petitioner provides the court with evidence that the	1485
respondent has not complied with all of the terms of the	1486
protection order or consent agreement. The protection order or	1487
consent agreement shall specify the date when the respondent	1488
attains the age of nineteen years.	1489

(F)(1) A copy of any protection order, or consent agreement,	1490
that is issued, approved, modified, or terminated under this	1491
section shall be issued by the court to the petitioner, to the	1492
respondent, and to all law enforcement agencies that have	1493
jurisdiction to enforce the order or agreement. The court shall	1494
direct that a copy of an order be delivered to the respondent on	1495
the same day that the order is entered.	1496

(2) Upon the issuance of a protection order or the approval	1497
of a consent agreement under this section, the court shall provide	1498
the parties to the order or agreement with the following notice	1499
orally or by form:	1500

"NOTICE	1501

As a result of this order or consent agreement, it may be	1502
unlawful for you to possess or purchase a firearm, including a	1503
rifle, pistol, or revolver, or ammunition pursuant to federal law	1504
under 18 U.S.C. 922(g)(8). If you have any questions whether this	1505
law makes it illegal for you to possess or purchase a firearm or	1506
ammunition, you should consult an attorney."	1507

(3) All law enforcement agencies shall establish and maintain	1508
an index for the protection orders and the approved consent	1509
agreements delivered to the agencies pursuant to division (F)(1)	1510
of this section. With respect to each order and consent agreement	1511
delivered, each agency shall note on the index the date and time	1512
that it received the order or consent agreement.	1513

(4) Regardless of whether the petitioner has registered the	1514
order or agreement in the county in which the officer's agency has	1515
jurisdiction pursuant to division (N) of this section, any officer	1516
of a law enforcement agency shall enforce a protection order	1517
issued or consent agreement approved by any court in this state in	1518
accordance with the provisions of the order or agreement,	1519
including removing the respondent from the premises, if	1520
appropriate.	1521

(G) Any proceeding under this section shall be conducted in	1522
accordance with the Rules of Civil Procedure, except that an order	1523
under this section may be obtained with or without bond. An order	1524
issued under this section, other than an ex parte order, that	1525
grants a protection order or approves a consent agreement, that	1526
refuses to grant a protection order or approve a consent agreement	1527
that modifies or terminates a protection order or consent	1528
agreement, or that refuses to modify or terminate a protection	1529
order or consent agreement, is a final, appealable order. The	1530
remedies and procedures provided in this section are in addition	1531
to, and not in lieu of, any other available civil or criminal	1532
remedies.	1533

(H) The filing of proceedings under this section does not	1534
excuse a person from filing any report or giving any notice	1535
required by section 2151.421 of the Revised Code or by any other	1536
law. When a petition under this section alleges domestic violence	1537
against minor children, the court shall report the fact, or cause	1538
reports to be made, to a county, township, or municipal peace	1539
officer under section 2151.421 of the Revised Code.	1540

(I) Any law enforcement agency that investigates a domestic	1541
dispute shall provide information to the family or household	1542
members involved regarding the relief available under this section	1543
and section 2919.26 of the Revised Code.	1544

(J) Notwithstanding any provision of law to the contrary and	1545
regardless of whether a protection order is issued or a consent	1546
agreement is approved by a court of another county or a court of	1547
another state, no court or unit of state or local government shall	1548
charge any fee, cost, deposit, or money in connection with the	1549
filing of a petition pursuant to this section or in connection	1550
with the filing, issuance, registration, or service of a	1551
protection order or consent agreement, or for obtaining a	1552
certified copy of a protection order or consent agreement.	1553

(K)(1) The court shall comply with Chapters 3119., 3121.,	1554
3123., and 3125. of the Revised Code when it makes or modifies an	1555
order for child support under this section.	1556

(2) If any person required to pay child support under an	1557
order made under this section on or after April 15, 1985, or	1558
modified under this section on or after December 31, 1986, is	1559
found in contempt of court for failure to make support payments	1560
under the order, the court that makes the finding, in addition to	1561
any other penalty or remedy imposed, shall assess all court costs	1562
arising out of the contempt proceeding against the person and	1563
require the person to pay any reasonable attorney's fees of any	1564
adverse party, as determined by the court, that arose in relation	1565
to the act of contempt.	1566

(L)(1) A person who violates a protection order issued or a	1567
consent agreement approved under this section is subject to the	1568
following sanctions:	1569

(a) Criminal prosecution or a delinquent child proceeding for	1570
a violation of section 2919.27 of the Revised Code, if the	1571
violation of the protection order or consent agreement constitutes	1572
a violation of that section;	1573

(b) Punishment for contempt of court.

1574

(2) The punishment of a person for contempt of court for	1575
violation of a protection order issued or a consent agreement	1576
approved under this section does not bar criminal prosecution of	1577
the person or a delinquent child proceeding concerning the person	1578
for a violation of section 2919.27 of the Revised Code. However, a	1579
person punished for contempt of court is entitled to credit for	1580
the punishment imposed upon conviction of or adjudication as a	1581
delinquent child for a violation of that section, and a person	1582
convicted of or adjudicated a delinquent child for a violation of	1583
that section shall not subsequently be punished for contempt of	1584
court arising out of the same activity.	1585

(M) In all stages of a proceeding under this section, a	1586
petitioner may be accompanied by a victim advocate.	1587

(N)(1) A petitioner who obtains a protection order or consent	1588
agreement under this section or a temporary protection order under	1589
section 2919.26 of the Revised Code may provide notice of the	1590
issuance or approval of the order or agreement to the judicial and	1591
law enforcement officials in any county other than the county in	1592
which the order is issued or the agreement is approved by	1593
registering that order or agreement in the other county pursuant	1594
to division (N)(2) of this section and filing a copy of the	1595
registered order or registered agreement with a law enforcement	1596
agency in the other county in accordance with that division. A	1597
person who obtains a protection order issued by a court of another	1598
state may provide notice of the issuance of the order to the	1599
judicial and law enforcement officials in any county of this state	1600
by registering the order in that county pursuant to section	1601
2919.272 of the Revised Code and filing a copy of the registered	1602
order with a law enforcement agency in that county.	1603

(2) A petitioner may register a temporary protection order,	1604
protection order, or consent agreement in a county other than the	1605
county in which the court that issued the order or approved the	1606
agreement is located in the following manner:	1607

(a) The petitioner shall obtain a certified copy of the order	1608
or agreement from the clerk of the court that issued the order or	1609
approved the agreement and present that certified copy to the	1610
clerk of the court of common pleas or the clerk of a municipal	1611
court or county court in the county in which the order or	1612
agreement is to be registered.	1613

(b) Upon accepting the certified copy of the order or	1614
agreement for registration, the clerk of the court of common	1615
pleas, municipal court, or county court shall place an endorsement	1616
of registration on the order or agreement and give the petitioner	1617
a copy of the order or agreement that bears that proof of	1618
registration.	1619

(3) The clerk of each court of common pleas, the clerk of	1620
each municipal court, and the clerk of each county court shall	1621
maintain a registry of certified copies of temporary protection	1622
orders, protection orders, or consent agreements that have been	1623
issued or approved by courts in other counties and that have been	1624
registered with the clerk.	1625

(O) Nothing in this section prohibits the domestic relations	1626
division of a court of common pleas in counties that have a	1627
domestic relations division or a court of common pleas in counties	1628
that do not have a domestic relations division from designating a	1629
minor child as a protected party on a protection order or consent	1630
agreement.	1631

Section 2. That existing sections 2151.34, 2903.213,	1632
2903.214, 2919.26, and 3113.31 of the Revised Code are hereby	1633
repealed.	1634