Ohio § 2903.214

§ 2903.214.

(A) As used in this section: (1) “ Court ” means the court of common pleas of the county in which the person to be protected

by the protection order resides. (2) “ Victim advocate ” means a person who provides support and assistance for a person who files a petition

under this section. (3) “ Family or household member ” means any of the following: (a) Any of the following who is residing with or has resided with the petitioner: (i) A spouse, a person living as a spouse, or a former spouse of the petitioner; (ii) A parent, a foster parent, or a child of the petitioner, or another person related

by consanguinity or affinity to the petitioner; (iii) A parent or a child of a spouse, person living as a spouse, or former spouse of the

petitioner, or another person related by consanguinity or affinity to a spouse, person

living as a spouse, or former spouse of the petitioner. (b) The natural parent of any child of whom the petitioner is the other natural parent

or is the putative other natural parent. (4) “ Person living as a spouse ” means a person who is living or has lived with the petitioner in a common law marital

relationship, who otherwise is cohabiting with the petitioner, or who otherwise has

cohabited with the petitioner within five years prior to the date of the alleged occurrence

of the act in question. (5) “Protection order issued by a court of another state” has the same meaning as in section 2919.27 of the Revised Code . (6) “Sexually oriented offense” has the same meaning as in section 2950.01 of the Revised Code . (7) “Electronic monitoring” has the same meaning as in section 2929.01 of the Revised Code . (8) “Companion animal” has the same meaning as in section 959.131 of the Revised Code . (B) The court has jurisdiction over all proceedings under this section. (C) A person may seek relief under this section for the person, or any parent or adult

household member may seek relief under this section on behalf of any other family

or household member, by filing a petition with the court.  The petition shall contain or state all of the following: (1) An allegation that the respondent is eighteen years of age or older and engaged in

a violation of section 2903.211 of the Revised Code against the person to be protected by the protection order or committed a sexually

oriented offense against the person to be protected by the protection order, including

a description of the nature and extent of the violation; (2) If the petitioner seeks relief in the form of electronic monitoring of the respondent,

an allegation that at any time preceding the filing of the petition the respondent

engaged in conduct that would cause a reasonable person to believe that the health,

welfare, or safety of the person to be protected was at risk, a description of the

nature and extent of that conduct, and an allegation that the respondent presents

a continuing danger to the person to be protected; (3) A request for relief under this section. (D)(1) If a person who files a petition pursuant to this section requests an ex parte order,

the court shall hold an ex parte hearing as soon as possible after the petition is

filed, but not later than the next day that the court is in session after the petition

is filed.  The court, for good cause shown at the ex parte hearing, may enter any temporary

orders, with or without bond, that the court finds necessary for the safety and protection

of the person to be protected by the order.  Immediate and present danger to the person to be protected by the protection order

constitutes good cause for purposes of this section.  Immediate and present danger includes, but is not limited to, situations in which

the respondent has threatened the person to be protected by the protection order with

bodily harm or in which the respondent previously has been convicted of or pleaded

guilty to a violation of section 2903.211 of the Revised Code or a sexually oriented offense against the person to be protected by the protection

order. (2)(a) If the court, after an ex parte hearing, issues a protection order described in division

(E) of this section, the court shall schedule a full hearing for a date that is within

ten court days after the ex parte hearing.  The court shall give the respondent notice of, and an opportunity to be heard at,

the full hearing.  The court shall hold the full hearing on the date scheduled under this division

unless the court grants a continuance of the hearing in accordance with this division.  Under any of the following circumstances or for any of the following reasons, the

court may grant a continuance of the full hearing to a reasonable time determined

by the court: (i) Prior to the date scheduled for the full hearing under this division, the respondent

has not been served with the petition filed pursuant to this section and notice of

the full hearing. (ii) The parties consent to the continuance. (iii) The continuance is needed to allow a party to obtain counsel. (iv) The continuance is needed for other good cause. (b) An ex parte order issued under this section does not expire because of a failure

to serve notice of the full hearing upon the respondent before the date set for the

full hearing under division (D)(2)(a) of this section or because the court grants

a continuance under that division. (3) If a person who files a petition pursuant to this section does not request an ex

parte order, or if a person requests an ex parte order but the court does not issue

an ex parte order after an ex parte hearing, the court shall proceed as in a normal

civil action and grant a full hearing on the matter. (E)(1)(a) After an ex parte or full hearing, the court may issue any protection order, with

or without bond, that contains terms designed to ensure the safety and protection

of the person to be protected by the protection order, including, but not limited

to, a requirement that the respondent refrain from entering the residence, school,

business, or place of employment of the petitioner or family or household member.  If the court includes a requirement that the respondent refrain from entering the

residence, school, business, or place of employment of the petitioner or family or

household member in the order, it also shall include in the order provisions of the

type described in division (E)(5) of this section.  The court may include within a protection order issued under this section a term

requiring that the respondent not remove, damage, hide, harm, or dispose of any companion

animal owned or possessed by the person to be protected by the order, and may include

within the order a term authorizing the person to be protected by the order to remove

a companion animal owned by the person to be protected by the order from the possession

of the respondent. (b) After a full hearing, if the court considering a petition that includes an allegation

of the type described in division (C)(2) of this section, or the court upon its own

motion, finds upon clear and convincing evidence that the petitioner reasonably believed

that the respondent's conduct at any time preceding the filing of the petition endangered

the health, welfare, or safety of the person to be protected and that the respondent

presents a continuing danger to the person to be protected, the court may order that

the respondent be electronically monitored for a period of time and under the terms

and conditions that the court determines are appropriate.  Electronic monitoring shall be in addition to any other relief granted to the petitioner. (2)(a) Any protection order issued pursuant to this section shall be valid until a date

certain but not later than five years from the date of its issuance. (b) Any protection order issued pursuant to this section may be renewed in the same manner

as the original order was issued. (3) A court may not issue a protection order that requires a petitioner to do or to refrain

from doing an act that the court may require a respondent to do or to refrain from

doing under division (E)(1) of this section unless all of the following apply: (a) The respondent files a separate petition for a protection order in accordance with

this section. (b) The petitioner is served with notice of the respondent's petition at least forty-eight

hours before the court holds a hearing with respect to the respondent's petition,

or the petitioner waives the right to receive this notice. (c) If the petitioner has requested an ex parte order pursuant to division (D) of this

section, the court does not delay any hearing required by that division beyond the

time specified in that division in order to consolidate the hearing with a hearing

on the petition filed by the respondent. (d) After a full hearing at which the respondent presents evidence in support of the

request for a protection order and the petitioner is afforded an opportunity to defend

against that evidence, the court determines that the petitioner has committed a violation

of section 2903.211 of the Revised Code against the person to be protected by the protection order issued pursuant to division

(E)(3) of this section, has committed a sexually oriented offense against the person

to be protected by the protection order issued pursuant to division (E)(3) of this

section, or has violated a protection order issued pursuant to section 2903.213 of the Revised Code relative to the person to be protected by the protection order issued pursuant to

division (E)(3) of this section. (4) No protection order issued pursuant to this section shall in any manner affect title

to any real property. (5)(a) If the court issues a protection order under this section that includes a requirement

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

place of employment of the petitioner or a family or household member, the order shall

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

alleged offender from the complainant to enter the residence, school, business, or

place of employment or by the alleged offender's entry into one of those places otherwise

upon the consent of the petitioner or family or household member. (b) Division (E)(5)(a) of this section does not limit any discretion of a court to determine

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

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

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

of court. (F)(1) The court shall cause the delivery of a copy of any protection order that is issued

under this section to the petitioner, to the respondent, and to all law enforcement

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

the same day that the order is entered. (2) Upon the issuance of a protection order under this section, the court shall provide

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

including a rifle, pistol, or revolver, or ammunition pursuant to federal law under 18 U.S.C. 922(g)(8) for the duration of this order.  If you have any questions whether this law makes it illegal for you to possess or

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

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

and time that it received the order. (4) Regardless of whether the petitioner has registered the protection order in the county

in which the officer's agency has jurisdiction pursuant to division (M) of this section,

any officer of a law enforcement agency shall enforce a protection order issued pursuant

to this section by any court in this state in accordance with the provisions of the

order, including removing the respondent from the premises, if appropriate. (G)(1) Any proceeding under this section shall be conducted in accordance with the Rules

of Civil Procedure, except that a protection order may be obtained under this section

with or without bond.  An order issued under this section, other than an ex parte order, that grants a

protection order, or that refuses to grant a protection order, is a final, appealable

order.  The remedies and procedures provided in this section are in addition to, and not

in lieu of, any other available civil or criminal remedies. (2) If as provided in division (G)(1) of this section an order issued under this section,

other than an ex parte order, refuses to grant a protection order, the court, on its

own motion, shall order that the ex parte order issued under this section and all

of the records pertaining to that ex parte order be sealed after either of the following

occurs: (a) No party has exercised the right to appeal pursuant to Rule 4 of the Rules of Appellate Procedure . (b) All appellate rights have been exhausted. (H) The filing of proceedings under this section does not excuse a person from filing

any report or giving any notice required by section 2151.421 of the Revised Code or by any other law. (I) Any law enforcement agency that investigates an alleged violation of section 2903.211 of the Revised Code or an alleged commission of a sexually oriented offense shall provide information

to the victim and the family or household members of the victim regarding the relief

available under this section and section 2903.213 of the Revised Code . (J)(1) Subject to division (J)(2) of this section and regardless of whether a protection

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

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

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

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

modification, enforcement, dismissal, withdrawal, or service of a protection order,

consent agreement, or witness subpoena or for obtaining a certified copy of a protection

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

pursuant to this section, the court may assess costs against the respondent in connection

with the filing, issuance, registration, modification, enforcement, dismissal, withdrawal,

or service of a protection order, consent agreement, or witness subpoena or for obtaining

a certified copy of a protection order or consent agreement. (K)(1) A person who violates a protection order issued under this section is subject to

the following sanctions: (a) Criminal prosecution for a violation of section 2919.27 of the Revised Code , if the violation of the protection order constitutes a violation of that section; (b) Punishment for contempt of court. (2) The punishment of a person for contempt of court for violation of a protection order

issued under this section does not bar criminal prosecution of the person for a violation

of section 2919.27 of the Revised Code .  However, a person punished for contempt of court is entitled to credit for the punishment

imposed upon conviction of a violation of that section, and a person convicted of

a violation of that section shall not subsequently be punished for contempt of court

arising out of the same activity. (L) In all stages of a proceeding under this section, a petitioner may be accompanied

by a victim advocate. (M)(1) A petitioner who obtains a protection order under this section or a protection order

under section 2903.213 of the Revised Code may provide notice of the issuance or approval of the order to the judicial and law

enforcement officials in any county other than the county in which the order is issued

by registering that order in the other county pursuant to division (M)(2) of this

section and filing a copy of the registered order with a law enforcement agency in

the other county in accordance with that division.  A person who obtains a protection order issued by a court of another state may provide

notice of the issuance of the order to the judicial and law enforcement officials

in any county of this state by registering the order in that county pursuant to section 2919.272 of the Revised Code and filing a copy of the registered order with a law enforcement agency in that county. (2) A petitioner may register a protection order issued pursuant to this section or section 2903.213 of the Revised Code in a county other than the county in which the court that issued the order is located

in the following manner: (a) The petitioner shall obtain a certified copy of the order from the clerk of the court

that issued the order and present that certified copy to the clerk of the court of

common pleas or the clerk of a municipal court or county court in the county in which

the order is to be registered. (b) Upon accepting the certified copy of the order for registration, the clerk of the

court of common pleas, municipal court, or county court shall place an endorsement

of registration on the order and give the petitioner a copy of the order that bears

that proof of registration. (3) The clerk of each court of common pleas, municipal court, or county court shall maintain

a registry of certified copies of protection orders that have been issued by courts

in other counties pursuant to this section or section 2903.213 of the Revised Code and that have been registered with the clerk. (N) If the court orders electronic monitoring of the respondent under this section, the

court shall direct the sheriff's office or any other appropriate law enforcement agency

to install the electronic monitoring device and to monitor the respondent.  Unless the court determines that the respondent is indigent, the court shall order

the respondent to pay the cost of the installation and monitoring of the electronic

monitoring device.