Ohio § 2945.04

§ 2945.04.

(A) If a motion is filed with a court before which a criminal case is pending alleging

that a person has committed or is reasonably likely to commit any act prohibited by section 2921.04 of the Revised Code in relation to the case, if the court holds a hearing on the motion, and if the court

determines that the allegations made in the motion are true, the court may issue an

order doing any or any combination of the following, subject to division (C) of this

section: (1) Directing the defendant in the case not to violate or to cease a violation of section 2921.04 of the Revised Code ; (2) Directing a person other than a defendant who is before the court, including, but

not limited to, a subpoenaed witness or other person entering the courtroom of the

court, not to violate or to cease a violation of section 2921.04 of the Revised Code ; (3) Directing the defendant or a person described in division (A)(2) of this section

to maintain a prescribed geographic distance from any specified person who is before

the court, including, but not limited to, the victim of the offense that is the basis

of the case or a subpoenaed witness in the case; (4) Directing the defendant or a person described in division (A)(2) of this section

not to communicate with any specified person who is before the court, including, but

not limited to, the victim of the offense or a subpoenaed witness in the case; (5) Directing a specified law enforcement agency that serves a political subdivision

within the territorial jurisdiction of the court to provide protection for any specified

person who is before the court, including, but not limited to, the victim of the offense

or a subpoenaed witness in the case; (6) Any other reasonable order that would assist in preventing or causing the cessation

of a violation of section 2921.04 of the Revised Code . (B) If a motion is filed with a court in which a criminal complaint has been filed alleging

that the offender or another person acting in concert with the offender has committed

or is reasonably likely to commit any act that would constitute an offense against

the person or property of the complainant, his ward, or his child, if the court holds

a hearing on the motion, and if the court determines that the allegations made in

the motion are true, the court may issue an order doing one or more of the following,

subject to division (C) of this section: (1) Directing the defendant in the case not to commit an act or to cease committing an

act that constitutes an offense against the person or property of the complainant,

his ward, or child; (2) Directing a person other than the defendant who is before the court, including, but

not limited to, a subpoenaed witness or other person entering the courtroom, not to

commit an act or to cease committing an act that constitutes an offense against the

person or property of the complainant, his ward, or child; (3) Directing the defendant or a person described in division (B)(2) of this section

to maintain a prescribed geographic distance from any specified person who is before

the court, including, but not limited to, the complainant or the victim of the offense,

or a subpoenaed witness in the case; (4) Directing the defendant or a person described in division (B)(2) of this section

not to communicate with any specified person who is before the court, including, but

not limited to, the complainant, the victim of the offense, or a subpoenaed witness

in the case; (5) Directing a specified law enforcement agency that serves a political subdivision

within the territorial jurisdiction of the court to provide protection for any specified

person who is before the court, including, but not limited to, the complainant, the

victim of the offense, or a subpoenaed witness in the case; (6) When the complainant and the defendant cohabit with one another but the complainant

is not a family or household member, as defined in section 2919.25 of the Revised Code , granting possession of the residence or household to the complainant to the exclusion

of the defendant by evicting the defendant when the residence or household is owned

or leased solely by the complainant or by ordering the defendant to vacate the premises

when the residence or household is jointly owned or leased by the complainant and

the defendant; (7) Any other reasonable order that would assist in preventing or causing the cessation

of an act that constitutes an offense against the person or property of the complainant,

his ward, or child. (C) No order issued under authority of division (A) or (B) of this section shall prohibit

or be construed as prohibiting any attorney for the defendant in the case or for a

person described in division (A)(2) or (B)(2) of this section from conducting any

investigation of the pending criminal case, from preparing or conducting any defense

of the pending criminal case, or from attempting to zealously represent his client

in the pending criminal case within the bounds of the law.  However, this division does not exempt any person from the prohibitions contained

in section 2921.04 or any section of the Revised Code that constitutes an offense against the person

or property of the complainant, his ward, or his child, or provide a defense to a

charge of any violation of that section or of an offense of that nature. (D)(1) A person who violates an order issued pursuant to division (A) of this section is

subject to the following sanctions: (a) Criminal prosecution for a violation of section 2921.04 of the Revised Code , if the violation of the court order constitutes a violation of that section; (b) Punishment for contempt of court. (2) A person who violates an order issued pursuant to division (B) of this section is

subject to the following sanctions: (a) Criminal prosecution for a violation of a section of the Revised Code that constitutes

an offense against the person or property of the complainant, his ward, or child; (b) Punishment for contempt of court. (E)(1) The punishment of a person for contempt of court for violation of an order issued

pursuant to division (A) of this section does not bar criminal prosecution of the

person for a violation of section 2921.04 of the Revised Code . (2) The punishment of a person for contempt of court for a violation of an order issued

pursuant to division (B) of this section does not bar criminal prosecution of the

person for an offense against the person or property of the complainant, his ward,

or child. (3) A person punished for contempt of court under this section is entitled to credit

for the punishment imposed upon conviction of a violation of the offense arising out

of the same activity, and a person convicted of such a violation shall not subsequently

be punished for contempt of court arising out of the same activity.