Ohio § 2919.26

§ 2919.26.

(A)(1) Upon the filing of a complaint or indictment that alleges a violation of section 2909.06 , 2909.07 , 2911.12 , or 2911.211 of the Revised Code if the alleged victim of the violation was a family or household member at the time

of the violation, a violation of a municipal ordinance that is substantially similar

to any of those sections if the alleged victim of the violation was a family or household

member at the time of the violation, any offense of violence if the alleged victim

of the offense was a family or household member at the time of the commission of the

offense, or any sexually oriented offense if the alleged victim of the offense was

a family or household member at the time of the commission of the offense, the complainant,

the alleged victim, or a family or household member of an alleged victim may file,

or, if in an emergency the alleged victim is unable to file, a person who made an

arrest for the alleged violation or offense under section 2935.03 of the Revised Code may file on behalf of the alleged victim, a motion that requests the issuance of

a temporary protection order as a pretrial condition of release of the alleged offender,

in addition to any bail set under Criminal Rule 46 .  The motion shall be filed with the clerk of the court that has jurisdiction of the

case at any time after the filing of the complaint or indictment. (2) For purposes of section 2930.09 of the Revised Code , all stages of a proceeding arising out of a complaint or indictment alleging the

commission of a violation, offense of violence, or sexually oriented offense described

in division (A)(1) of this section, including all proceedings on a motion for a temporary

protection order, are critical stages of the case, and a victim may be accompanied

by a victim advocate or another person to provide support to the victim as provided

in that section. (B) The motion shall be prepared on a form that is provided by the clerk of the court,

which form shall be substantially as follows: “MOTION FOR TEMPORARY PROTECTION ORDER __________________________ Court Name and address of court State of Ohio v. No. ________________ ____________________________________ Name of Defendant (name of person), moves the court to issue a temporary protection order containing

terms designed to ensure the safety and protection of the complainant, alleged victim,

and other family or household members, in relation to the named defendant, pursuant

to its authority to issue such an order under section 2919.26 of the Revised Code . A complaint or indictment, a copy of which has been attached to this motion, has been

filed in this court charging the named defendant with __________________________ (name

of the specified violation, the offense of violence, or sexually oriented offense

charged) in circumstances in which the victim was a family or household member in

violation of (section of the Revised Code designating the specified violation, offense

of violence, or sexually oriented offense charged), or charging the named defendant

with a violation of a municipal ordinance that is substantially similar to ________________________

(section of the Revised Code designating the specified violation, offense of violence,

or sexually oriented offense charged) involving a family or household member. I understand that I must appear before the court, at a time set by the court within

twenty-four hours after the filing of this motion, for a hearing on the motion or

that, if I am unable to appear because of hospitalization or a medical condition resulting

from the offense alleged in the complaint or indictment, a person who can provide

information about my need for a temporary protection order must appear before the

court in lieu of my appearing in court.  I understand that any temporary protection order granted pursuant to this motion

is a pretrial condition of release and is effective only until the disposition of

the criminal proceeding arising out of the attached complaint or indictment, or the

issuance of a civil protection order or the approval of a consent agreement, arising

out of the same activities as those that were the basis of the complaint or indictment,

under section 3113.31 of the Revised Code . __________ Signature of person (or signature of the arresting officer who filed the motion on behalf of the alleged

victim) __________ Address of person (or office address of the arresting officer who filed the motion

on behalf of the alleged victim)” (C)(1) As soon as possible after the filing of a motion that requests the issuance of a

temporary protection order, but not later than twenty-four hours after the filing

of the motion, the court shall conduct a hearing to determine whether to issue the

order.  The person who requested the order shall appear before the court and provide the

court with the information that it requests concerning the basis of the motion.  If the person who requested the order is unable to appear and if the court finds

that the failure to appear is because of the person's hospitalization or medical condition

resulting from the offense alleged in the complaint or indictment, another person

who is able to provide the court with the information it requests may appear in lieu

of the person who requested the order.  If the court finds that the safety and protection of the complainant, alleged victim,

or any other family or household member of the alleged victim may be impaired by the

continued presence of the alleged offender, the court may issue a temporary protection

order, as a pretrial condition of release, that contains terms designed to ensure

the safety and protection of the complainant, alleged victim, or the family or household

member, including a requirement that the alleged offender refrain from entering the

residence, school, business, or place of employment of the complainant, alleged victim,

or the family or household member.  The court may include within a protection order issued under this section a term

requiring that the alleged offender not remove, damage, hide, harm, or dispose of

any companion animal owned or possessed by the complainant, alleged victim, or any

other family or household member of the alleged victim, and may include within the

order a term authorizing the complainant, alleged victim, or other family or household

member of the alleged victim to remove a companion animal owned by the complainant,

alleged victim, or other family or household member from the possession of the alleged

offender. (2)(a) If the court issues a temporary protection order that includes a requirement that

the alleged offender refrain from entering the residence, school, business, or place

of employment of the complainant, the alleged victim, or the family or household member,

the order shall state clearly that the order cannot be waived or nullified by an invitation

to the alleged offender from the complainant, alleged victim, or family or household

member to enter the residence, school, business, or place of employment or by the

alleged offender's entry into one of those places otherwise upon the consent of the

complainant, alleged victim, or family or household member. (b) Division (C)(2)(a) of this section does not limit any discretion of a court to determine

that an alleged offender charged with a violation of section 2919.27 of the Revised Code , with a violation of a municipal ordinance substantially equivalent to that section,

or with contempt of court, which charge is based on an alleged violation of a temporary

protection order issued under this section, did not commit the violation or was not

in contempt of court. (D)(1) Upon the filing of a complaint or indictment that alleges a violation of section 2909.06 , 2909.07 , 2911.12 , or 2911.211 of the Revised Code if the alleged victim of the violation was a family or household member at the time

of the violation, a violation of a municipal ordinance that is substantially similar

to any of those sections if the alleged victim of the violation was a family or household

member at the time of the violation, any offense of violence if the alleged victim

of the offense was a family or household member at the time of the commission of the

offense, or any sexually oriented offense if the alleged victim of the offense was

a family or household member at the time of the commission of the offense, the court,

upon its own motion, may issue a temporary protection order as a pretrial condition

of release if it finds that the safety and protection of the complainant, alleged

victim, or other family or household member of the alleged offender may be impaired

by the continued presence of the alleged offender. (2) If the court issues a temporary protection order under this section as an ex parte

order, it shall conduct, as soon as possible after the issuance of the order, a hearing

in the presence of the alleged offender not later than the next day on which the court

is scheduled to conduct business after the day on which the alleged offender was arrested

or at the time of the appearance of the alleged offender pursuant to summons to determine

whether the order should remain in effect, be modified, or be revoked.  The hearing shall be conducted under the standards set forth in division (C) of

this section. (3) An order issued under this section shall contain only those terms authorized in orders

issued under division (C) of this section. (4) If a municipal court or a county court issues a temporary protection order under

this section and if, subsequent to the issuance of the order, the alleged offender

who is the subject of the order is bound over to the court of common pleas for prosecution

of a felony arising out of the same activities as those that were the basis of the

complaint upon which the order is based, notwithstanding the fact that the order was

issued by a municipal court or county court, the order shall remain in effect, as

though it were an order of the court of common pleas, while the charges against the

alleged offender are pending in the court of common pleas, for the period of time

described in division (E)(2) of this section, and the court of common pleas has exclusive

jurisdiction to modify the order issued by the municipal court or county court.  This division applies when the alleged offender is bound over to the court of common

pleas as a result of the person waiving a preliminary hearing on the felony charge,

as a result of the municipal court or county court having determined at a preliminary

hearing that there is probable cause to believe that the felony has been committed

and that the alleged offender committed it, as a result of the alleged offender having

been indicted for the felony, or in any other manner. (E) A temporary protection order that is issued as a pretrial condition of release under

this section: (1) Is in addition to, but shall not be construed as a part of, any bail set under Criminal Rule 46 ; (2) Is effective only until the occurrence of either of the following: (a) The disposition, by the court that issued the order or, in the circumstances described

in division (D)(4) of this section, by the court of common pleas to which the alleged

offender is bound over for prosecution, of the criminal proceeding arising out of

the complaint or indictment upon which the order is based; (b) The issuance of a protection order or the approval of a consent agreement, arising

out of the same activities as those that were the basis of the complaint or indictment

upon which the order is based, under section 3113.31 of the Revised Code . (3) Shall not be construed as a finding that the alleged offender committed the alleged

offense, and shall not be introduced as evidence of the commission of the offense

at the trial of the alleged offender on the complaint or indictment upon which the

order is based. (F) A person who meets the criteria for bail under Criminal Rule 46 and who, if required to do so pursuant to that rule, executes or posts bond or deposits

cash or securities as bail, shall not be held in custody pending a hearing before

the court on a motion requesting a temporary protection order. (G)(1) A copy of any temporary protection order that is issued under this section shall

be issued by the court to the complainant, to the alleged victim, to the person who

requested the order, to the defendant, and to all law enforcement agencies that have

jurisdiction to enforce the order.  The court shall direct that a copy of the order be delivered to the defendant on

the same day that the order is entered.  If a municipal court or a county court issues a temporary protection order under

this section and if, subsequent to the issuance of the order, the defendant who is

the subject of the order is bound over to the court of common pleas for prosecution

as described in division (D)(4) of this section, the municipal court or county court

shall direct that a copy of the order be delivered to the court of common pleas to

which the defendant is bound over. (2) Upon the issuance of a protection order under this section, the court shall provide

the parties to the order with the following notice orally or by form: “NOTICE As a result of this protection order, it may be unlawful for you to possess or purchase

a firearm, including a rifle, pistol, or revolver, or ammunition pursuant to federal

law under 18 U.S.C. 922(g)(8) for the duration of this order.  If you have any questions whether this law makes it illegal for you to possess or

purchase a firearm or ammunition, you should consult an attorney.” (3) All law enforcement agencies shall establish and maintain an index for the temporary

protection orders delivered to the agencies pursuant to division (G)(1) of this section.  With respect to each order delivered, each agency shall note on the index, the date

and time of the receipt of the order by the agency. (4) A complainant, alleged victim, or other person who obtains a temporary protection

order under this section may provide notice of the issuance of the temporary protection

order to the judicial and law enforcement officials in any county other than the county

in which the order is issued by registering that order in the other county in accordance

with division (N) of section 3113.31 of the Revised Code and filing a copy of the registered protection order with a law enforcement agency

in the other county in accordance with that division. (5) Any officer of a law enforcement agency shall enforce a temporary protection order

issued by any court in this state in accordance with the provisions of the order,

including removing the defendant from the premises, regardless of whether the order

is registered in the county in which the officer's agency has jurisdiction as authorized

by division (G)(4) of this section. (H) Upon a violation of a temporary protection order, the court may issue another temporary

protection order, as a pretrial condition of release, that modifies the terms of the

order that was violated. (I)(1) As used in divisions (I)(1) and (2) of this section, “ defendant ” means a person who is alleged in a complaint or indictment to have committed a violation,

offense of violence, or sexually oriented offense of the type described in division

(A) of this section. (2) If a complaint or indictment is filed that alleges that a person committed a violation,

offense of violence, or sexually oriented offense of the type described in division

(A) of this section, the court may not issue a temporary protection order under this

section that requires the complainant, the alleged victim, or another family or household

member of the defendant to do or refrain from doing an act that the court may require

the defendant to do or refrain from doing under a temporary protection order unless

both of the following apply: (a) The defendant has filed a separate complaint that alleges that the complainant, alleged

victim, or other family or household member in question who would be required under

the order to do or refrain from doing the act committed a violation or offense of

violence of the type described in division (A) of this section. (b) The court determines that both the complainant, alleged victim, or other family or

household member in question who would be required under the order to do or refrain

from doing the act and the defendant acted primarily as aggressors, that neither the

complainant, alleged victim, or other family or household member in question who would

be required under the order to do or refrain from doing the act nor the defendant

acted primarily in self-defense, and, in accordance with the standards and criteria

of this section as applied in relation to the separate complaint filed by the defendant,

that it should issue the order to require the complainant, alleged victim, or other

family or household member in question to do or refrain from doing the act. (J)(1) Subject to division (J)(2) of this section and regardless of whether a protection

order is issued or a consent agreement is approved by a court of another county or

a court of another state, no court or unit of state or local government shall charge

the movant any fee, cost, deposit, or money in connection with the filing of a motion

pursuant to this section, in connection with the filing, issuance, registration, modification,

enforcement, dismissal, withdrawal, or service of a protection order, consent agreement,

or witness subpoena or for obtaining a certified copy of a protection order or consent

agreement. (2) Regardless of whether a protection order is issued or a consent agreement is approved

pursuant to this section, if the defendant is convicted the court may assess costs

against the defendant in connection with the filing, issuance, registration, modification,

enforcement, dismissal, withdrawal, or service of a protection order, consent agreement,

or witness subpoena or for obtaining a certified copy of a protection order or consent

agreement. (K) As used in this section: (1) “Companion animal” has the same meaning as in section 959.131 of the Revised Code . (2) “Sexually oriented offense” has the same meaning as in section 2950.01 of the Revised Code . (3) “ Victim advocate ” means a person who provides support and assistance for a victim of an offense during

court proceedings.