Ohio § 2919.251

§ 2919.251.

(A) Subject to division (D) of this section, a person who is charged with the commission

of any offense of violence shall appear before the court for the setting of bail if

the alleged victim of the offense charged was a family or household member at the

time of the offense and if any of the following applies: (1) The person charged, at the time of the alleged offense, was subject to the terms

of a protection order issued or consent agreement approved pursuant to section 2919.26 or 3113.31 of the Revised Code or previously was convicted of or pleaded guilty to a violation of section 2919.25 of the Revised Code or a violation of section 2919.27 of the Revised Code involving a protection order or consent agreement of that type, a violation of an

existing or former municipal ordinance or law of this or any other state or the United

States that is substantially similar to either section, a violation of section 2909.06 , 2909.07 , 2911.12 , or 2911.211 of the Revised Code if the victim of the violation was a family or household member at the time of the

violation, a violation of an existing or former municipal ordinance or law of this

or any other state or the United States that is substantially similar to any of those

sections if the victim of the violation was a family or household member at the time

of the commission of the violation, or any offense of violence if the victim of the

offense was a family or household member at the time of the offense; (2) The arresting officer indicates in a police report or other document accompanying

the complaint any of the following: (a) That the arresting officer observed on the alleged victim objective manifestations

of physical harm that the arresting officer reasonably believes are a result of the

alleged offense; (b) That the arresting officer reasonably believes that the person had on the person's

person at the time of the alleged offense a deadly weapon or dangerous ordnance; (c) That the arresting officer reasonably believes that the person presents a credible

threat of serious physical harm to the alleged victim or to any other person if released

on bail before trial. (B) To the extent that information about any of the following is available to the court,

the court shall consider all of the following, in addition to any other circumstances

considered by the court and notwithstanding any provisions to the contrary contained

in section 2937.011 of the Revised Code , before setting bail for a person who appears before the court pursuant to division

(A) of this section: (1) Whether the person has a history of domestic violence or a history of other violent

acts; (2) The mental health of the person; (3) Whether the person has a history of violating the orders of any court or governmental

entity; (4) Whether the person is potentially a threat to any other person; (5) Whether the person has access to deadly weapons or a history of using deadly weapons; (6) Whether the person has a history of abusing alcohol or any controlled substance; (7) The severity of the alleged violence that is the basis of the offense, including

but not limited to, the duration of the alleged violent incident, and whether the

alleged violent incident involved serious physical injury, sexual assault, strangulation,

abuse during the alleged victim's pregnancy, abuse of pets, or forcible entry to gain

access to the alleged victim; (8) Whether a separation of the person from the alleged victim or a termination of the

relationship between the person and the alleged victim has recently occurred or is

pending; (9) Whether the person has exhibited obsessive or controlling behaviors toward the alleged

victim, including but not limited to, stalking, surveillance, or isolation of the

alleged victim; (10) Whether the person has expressed suicidal or homicidal ideations; (11) Any information contained in the complaint and any police reports, affidavits, or

other documents accompanying the complaint. (C) Any court that has jurisdiction over charges alleging the commission of an offense

of violence in circumstances in which the alleged victim of the offense was a family

or household member at the time of the offense may set a schedule for bail to be used

in cases involving those offenses.  The schedule shall require that a judge consider all of the factors listed in division

(B) of this section and may require judges to set bail at a certain level if the history

of the alleged offender or the circumstances of the alleged offense meet certain criteria

in the schedule. (D)(1) Upon the court's own motion or the motion of a party and upon any terms that the

court may direct, a court may permit a person who is required to appear before it

by division (A) of this section to appear by video conferencing equipment. (2) If in the opinion of the court the appearance in person or by video conferencing

equipment of a person who is charged with a misdemeanor and who is required to appear

before the court by division (A) of this section is not practicable, the court may

waive the appearance and release the person on bail in accordance with the court's

schedule for bail set under division (C) of this section or, if the court has not

set a schedule for bail under that division, on one or both of the following types

of bail in an amount set by the court: (a) A bail bond secured by a deposit of ten per cent of the amount of the bond in cash; (b) A surety bond, a bond secured by real estate or securities as allowed by law, or

the deposit of cash, at the option of the person. (3) Division (A) of this section does not create a right in a person to appear before

the court for the setting of bail or prohibit a court from requiring any person charged

with an offense of violence who is not described in that division from appearing before

the court for the setting of bail. (E) As used in this section: (1) “Controlled substance” has the same meaning as in section 3719.01 of the Revised Code . (2) “Dangerous ordnance” and “deadly weapon” have the same meanings as in section 2923.11 of the Revised Code .