Ohio § 3113.31

§ 3113.31.

(A) As used in this section: (1) “ Domestic violence ” means any of the following: (a) The occurrence of one or more of the following acts against a family or household

member: (i) Attempting to cause or recklessly causing bodily injury; (ii) Placing another person by the threat of force in fear of imminent serious physical

harm or committing a violation of section 2903.211 or 2911.211 of the Revised Code ; (iii) Committing any act with respect to a child that would result in the child being an

abused child, as defined in section 2151.031 of the Revised Code ; (iv) Committing a sexually oriented offense. (b) The occurrence of one or more of the acts identified in divisions (A)(1)(a)(i) to

(iv) of this section against a person with whom the respondent is or was in a dating

relationship. (2) “ Court ” means the domestic relations division of the court of common pleas in counties that

have a domestic relations division and the court of common pleas in counties that

do not have a domestic relations division, or the juvenile division of the court of

common pleas of the county in which the person to be protected by a protection order

issued or a consent agreement approved under this section resides if the respondent

is less than eighteen years of age. (3) “ Family or household member ” means any of the following: (a) Any of the following who is residing with or has resided with the respondent: (i) A spouse, a person living as a spouse, or a former spouse of the respondent; (ii) A parent, a foster parent, or a child of the respondent, or another person related

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

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

living as a spouse, or former spouse of the respondent. (b) The natural parent of any child of whom the respondent 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 respondent in a common law marital

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

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

of the act in question. (5) “ Victim advocate ” means a person who provides support and assistance for a person who files a petition

under this section. (6) “Sexually oriented offense” has the same meaning as in section 2950.01 of the Revised Code . (7) “Companion animal” has the same meaning as in section 959.131 of the Revised Code . (8) “ Dating relationship ” means a relationship between individuals who have, or have had, a relationship of

a romantic or intimate nature.  “Dating relationship” does not include a casual acquaintanceship or ordinary fraternization

in a business or social context. (9) “ Person with whom the respondent is or was in a dating relationship ” means an individual who, at the time of the conduct in question, is in a dating

relationship with the respondent who is an adult or who, within the twelve months

preceding the conduct in question, has had a dating relationship with the respondent

who is an adult. (B) The court has jurisdiction over all proceedings under this section.  The petitioner's right to relief under this section is not affected by the petitioner's

leaving the residence or household to avoid further domestic violence. (C) A person may seek relief under this section on the person's own behalf, 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: (1) An allegation that the respondent engaged in domestic violence against a family or

household member of the respondent or against a person with whom the respondent is

or was in a dating relationship, including a description of the nature and extent

of the domestic violence; (2) The relationship of the respondent to the petitioner, and to the victim if other

than the petitioner; (3) If the petition is for protection of a person with whom the respondent is or was

in a dating relationship, the facts upon which the court may conclude that a dating

relationship existed between the person to be protected and the respondent; (4) 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 on the same day that the petition is filed.  The court, for good cause shown at the ex parte hearing, may enter any temporary

orders, with or without bond, including, but not limited to, an order described in

division (E)(1)(a), (b), or (c) of this section, that the court finds necessary to

protect the family or household member or the person with whom the respondent is or

was in a dating relationship from domestic violence.  Immediate and present danger of domestic violence to the family or household member

or to the person with whom the respondent is or was in a dating relationship 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 family or household member or person with whom the

respondent is or was in a dating relationship with bodily harm, in which the respondent

has threatened the family or household member or person with whom the respondent is

or was in a dating relationship with a sexually oriented offense, or in which the

respondent previously has been convicted of, pleaded guilty to, or been adjudicated

a delinquent child for an offense that constitutes domestic violence against the family

or household member or person with whom the respondent is or was in a dating relationship. (2)(a) If the court, after an ex parte hearing, issues an order described in division (E)(1)(b)

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

within seven court days after the ex parte hearing.  If any other type of protection order that is authorized under division (E) of this

section is issued by the court after an ex parte hearing, 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) After an ex parte or full hearing, the court may grant any protection order, with

or without bond, or approve any consent agreement to bring about a cessation of domestic

violence against the family or household members or persons with whom the respondent

is or was in a dating relationship.  The order or agreement may: (a) Direct the respondent to refrain from abusing or from committing sexually oriented

offenses against the family or household members or persons with whom the respondent

is or was in a dating relationship; (b) With respect to a petition involving family or household members, grant possession

of the residence or household to the petitioner or other family or household member,

to the exclusion of the respondent, by evicting the respondent, when the residence

or household is owned or leased solely by the petitioner or other family or household

member, or by ordering the respondent to vacate the premises, when the residence or

household is jointly owned or leased by the respondent, and the petitioner or other

family or household member; (c) With respect to a petition involving family or household members, when the respondent

has a duty to support the petitioner or other family or household member living in

the residence or household and the respondent is the sole owner or lessee of the residence

or household, grant possession of the residence or household to the petitioner or

other family or household member, to the exclusion of the respondent, by ordering

the respondent to vacate the premises, or, in the case of a consent agreement, allow

the respondent to provide suitable, alternative housing; (d) With respect to a petition involving family or household members, temporarily allocate

parental rights and responsibilities for the care of, or establish temporary parenting

time rights with regard to, minor children, if no other court has determined, or is

determining, the allocation of parental rights and responsibilities for the minor

children or parenting time rights; (e) With respect to a petition involving family or household members, require the respondent

to maintain support, if the respondent customarily provides for or contributes to

the support of the family or household member, or if the respondent has a duty to

support the petitioner or family or household member; (f) Require the respondent, petitioner, victim of domestic violence, or any combination

of those persons, to seek counseling; (g) Require the respondent to refrain from entering the residence, school, business,

or place of employment of the petitioner or, with respect to a petition involving

family or household members, a family or household member; (h) Grant other relief that the court considers equitable and fair, including, but not

limited to, ordering the respondent to permit the use of a motor vehicle by the petitioner

or, with respect to a petition involving family or household members, other family

or household members and the apportionment of household and family personal property; (i) Require that the respondent not remove, damage, hide, harm, or dispose of any companion

animal owned or possessed by the petitioner; (j) Authorize the petitioner to remove a companion animal owned by the petitioner from

the possession of the respondent; (k) Require a wireless service transfer in accordance with sections 3113.45 to 3113.459 of the Revised Code . (2) If a protection order has been issued pursuant to this section in a prior action

involving the respondent and the petitioner or, with respect to a petition involving

family or household members, one or more of the family or household members or victims,

the court may include in a protection order that it issues a prohibition against the

respondent returning to the residence or household.  If it includes a prohibition against the respondent returning to the residence or

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

described in division (E)(7) of this section.  This division does not preclude the court from including in a protection order or

consent agreement, in circumstances other than those described in this division, a

requirement that the respondent be evicted from or vacate the residence or household

or refrain from entering the residence, school, business, or place of employment of

the petitioner or, with respect to a petition involving family or household members,

a family or household member, and, if the court includes any requirement of that type

in an order or agreement, the court also shall include in the order provisions of

the type described in division (E)(7) of this section. (3)(a) Any protection order issued or consent agreement approved under this section shall

be valid until a date certain, but not later than five years from the date of its

issuance or approval, or not later than the date a respondent who is less than eighteen

years of age attains nineteen years of age, unless modified or terminated as provided

in division (E)(8) of this section. (b) With respect to an order involving family or household members, subject to the limitation

on the duration of an order or agreement set forth in division (E)(3)(a) of this section,

any order under division (E)(1)(d) of this section shall terminate on the date that

a court in an action for divorce, dissolution of marriage, or legal separation brought

by the petitioner or respondent issues an order allocating parental rights and responsibilities

for the care of children or on the date that a juvenile court in an action brought

by the petitioner or respondent issues an order awarding legal custody of minor children.  Subject to the limitation on the duration of an order or agreement set forth in

division (E)(3)(a) of this section, any order under division (E)(1)(e) of this section

shall terminate on the date that a court in an action for divorce, dissolution of

marriage, or legal separation brought by the petitioner or respondent issues a support

order or on the date that a juvenile court in an action brought by the petitioner

or respondent issues a support order. (c) Any protection order issued or consent agreement approved pursuant to this section

may be renewed in the same manner as the original order or agreement was issued or

approved. (4) 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)(a), (b), (c), (d), (e), (g), or (h) 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 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 an act

of domestic violence or has violated a temporary protection order issued pursuant

to section 2919.26 of the Revised Code , that both the petitioner and the respondent acted primarily as aggressors, and that

neither the petitioner nor the respondent acted primarily in self-defense. (5) No protection order issued or consent agreement approved under this section shall

in any manner affect title to any real property. (6)(a) With respect to an order involving family or household members, if a petitioner,

or the child of a petitioner, who obtains a protection order or consent agreement

pursuant to division (E)(1) of this section or a temporary protection order pursuant

to section 2919.26 of the Revised Code and is the subject of a parenting time order issued pursuant to section 3109.051 or 3109.12 of the Revised Code or a visitation or companionship order issued pursuant to section 3109.051 , 3109.11 , or 3109.12 of the Revised Code or division (E)(1)(d) of this section granting parenting time rights to the respondent,

the court may require the public children services agency of the county in which the

court is located to provide supervision of the respondent's exercise of parenting

time or visitation or companionship rights with respect to the child for a period

not to exceed nine months, if the court makes the following findings of fact: (i) The child is in danger from the respondent; (ii) No other person or agency is available to provide the supervision. (b) A court that requires an agency to provide supervision pursuant to division (E)(6)(a)

of this section shall order the respondent to reimburse the agency for the cost of

providing the supervision, if it determines that the respondent has sufficient income

or resources to pay that cost. (7)(a) If a protection order issued or consent agreement approved under this section includes

a requirement that the respondent be evicted from or vacate the residence or household

or refrain from entering the residence, school, business, or place of employment of

the petitioner or, with respect to a petition involving family or household members,

a family or household member, the order or agreement shall state clearly that the

order or agreement cannot be waived or nullified by an invitation to the respondent

from the petitioner or other family or household member to enter the residence, school,

business, or place of employment or by the respondent's entry into one of those places

otherwise upon the consent of the petitioner or other family or household member. (b) Division (E)(7)(a) of this section does not limit any discretion of a court to determine

that a respondent 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 or consent agreement approved under this section, did not commit the

violation or was not in contempt of court. (8)(a) The court may modify or terminate as provided in division (E)(8) of this section

a protection order or consent agreement that was issued after a full hearing under

this section.  The court that issued the protection order or approved the consent agreement shall

hear a motion for modification or termination of the protection order or consent agreement

pursuant to division (E)(8) of this section. (b) Either the petitioner or the respondent of the original protection order or consent

agreement may bring a motion for modification or termination of a protection order

or consent agreement that was issued or approved after a full hearing.  The court shall require notice of the motion to be made as provided by the Rules

of Civil Procedure.  If the petitioner for the original protection order or consent agreement has requested

that the petitioner's address be kept confidential, the court shall not disclose the

address to the respondent of the original protection order or consent agreement or

any other person, except as otherwise required by law.  The moving party has the burden of proof to show, by a preponderance of the evidence,

that modification or termination of the protection order or consent agreement is appropriate

because either the protection order or consent agreement is no longer needed or because

the terms of the original protection order or consent agreement are no longer appropriate. (c) In considering whether to modify or terminate a protection order or consent agreement

issued or approved under this section, the court shall consider all relevant factors,

including, but not limited to, the following: (i) Whether the petitioner consents to modification or termination of the protection

order or consent agreement; (ii) Whether the petitioner fears the respondent; (iii) The current nature of the relationship between the petitioner and the respondent; (iv) The circumstances of the petitioner and respondent, including the relative proximity

of the petitioner's and respondent's workplaces and residences and whether the petitioner

and respondent have minor children together; (v) Whether the respondent has complied with the terms and conditions of the original

protection order or consent agreement; (vi) Whether the respondent has a continuing involvement with illegal drugs or alcohol; (vii) Whether the respondent has been convicted of, pleaded guilty to, or been adjudicated

a delinquent child for an offense of violence since the issuance of the protection

order or approval of the consent agreement; (viii) Whether any other protection orders, consent agreements, restraining orders, or no

contact orders have been issued against the respondent pursuant to this section, section 2919.26 of the Revised Code , any other provision of state law, or the law of any other state; (ix) Whether the respondent has participated in any domestic violence treatment, intervention

program, or other counseling addressing domestic violence and whether the respondent

has completed the treatment, program, or counseling; (x) The time that has elapsed since the protection order was issued or since the consent

agreement was approved; (xi) The age and health of the respondent; (xii) When the last incident of abuse, threat of harm, or commission of a sexually oriented

offense occurred or other relevant information concerning the safety and protection

of the petitioner or other protected parties. (d) If a protection order or consent agreement is modified or terminated as provided

in division (E)(8) of this section, the court shall issue copies of the modified or

terminated order or agreement as provided in division (F) of this section.  A petitioner may also provide notice of the modification or termination to the judicial

and law enforcement officials in any county other than the county in which the order

or agreement is modified or terminated as provided in division (N) of this section. (e) If the respondent moves for modification or termination of a protection order or

consent agreement pursuant to this section and the court denies the motion, the court

may assess costs against the respondent for the filing of the motion. (9) Any protection order issued or any consent agreement approved pursuant to this section

shall include a provision that the court will automatically seal all of the records

of the proceeding in which the order is issued or agreement approved on the date the

respondent attains the age of nineteen years unless the petitioner provides the court

with evidence that the respondent has not complied with all of the terms of the protection

order or consent agreement.  The protection order or consent agreement shall specify the date when the respondent

attains the age of nineteen years. (F)(1) A copy of any protection order, or consent agreement, that is issued, approved, modified,

or terminated under this section shall be issued by the court to the petitioner, to

the respondent, and to all law enforcement agencies that have jurisdiction to enforce

the order or agreement.  The court shall direct that a copy of an order be delivered to the respondent on

the same day that the order is entered. (2) Upon the issuance of a protection order or the approval of a consent agreement under

this section, the court shall provide the parties to the order or agreement with the

following notice orally or by form: “NOTICE As a result of this order or consent agreement, 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 or consent agreement.  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 and the approved consent agreements delivered to the agencies pursuant to division

(F)(1) of this section.  With respect to each order and consent agreement delivered, each agency shall note

on the index the date and time that it received the order or consent agreement. (4) Regardless of whether the petitioner has registered the order or agreement in the

county in which the officer's agency has jurisdiction pursuant to division (N) of

this section, any officer of a law enforcement agency shall enforce a protection order

issued or consent agreement approved by any court in this state in accordance with

the provisions of the order or agreement, 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 an order under this section may be obtained with or

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

protection order or approves a consent agreement, that refuses to grant a protection

order or approve a consent agreement that modifies or terminates a protection order

or consent agreement, or that refuses to modify or terminate a protection order or

consent agreement, 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.  When a petition under this section alleges domestic violence against minor children,

the court shall report the fact, or cause reports to be made, to a county, township,

or municipal peace officer under section 2151.421 of the Revised Code . (I) Any law enforcement agency that investigates a domestic dispute shall provide information

to the family or household members involved, or the persons in the dating relationship

who are involved, whichever is applicable regarding the relief available under this

section and, for family or household members, section 2919.26 of the Revised Code . (J)(1) Subject to divisions (E)(8)(e) and (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 petitioner any fee, cost, deposit, or money in connection with the

filing of a petition pursuant to this section or 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) The court shall comply with Chapters 3119., 3121., 3123., and 3125. of the Revised

Code when it makes or modifies an order for child support under this section. (2) If any person required to pay child support under an order made under this section

on or after April 15, 1985, or modified under this section on or after December 31,

1986, is found in contempt of court for failure to make support payments under the

order, the court that makes the finding, in addition to any other penalty or remedy

imposed, shall assess all court costs arising out of the contempt proceeding against

the person and require the person to pay any reasonable attorney's fees of any adverse

party, as determined by the court, that arose in relation to the act of contempt. (L)(1) A person who violates a protection order issued or a consent agreement approved under

this section is subject to the following sanctions: (a) Criminal prosecution or a delinquent child proceeding for a violation of section 2919.27 of the Revised Code , if the violation of the protection order or consent agreement 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 or a consent agreement approved under this section does not bar criminal prosecution

of the person or a delinquent child proceeding concerning 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 or adjudication as a delinquent child for a violation of

that section, and a person convicted of or adjudicated a delinquent child for a violation

of that section shall not subsequently be punished for contempt of court arising out

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

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

or a temporary protection order under section 2919.26 of the Revised Code may provide notice of the issuance or approval of the order or agreement to the judicial

and law enforcement officials in any county other than the county in which the order

is issued or the agreement is approved by registering that order or agreement in the

other county pursuant to division (N)(2) of this section and filing a copy of the

registered order or registered agreement 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 temporary protection order, protection order, or consent

agreement in a county other than the county in which the court that issued the order

or approved the agreement is located in the following manner: (a) The petitioner shall obtain a certified copy of the order or agreement from the clerk

of the court that issued the order or approved the agreement 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 or agreement is to be registered. (b) Upon accepting the certified copy of the order or agreement for registration, the

clerk of the court of common pleas, municipal court, or county court shall place an

endorsement of registration on the order or agreement and give the petitioner a copy

of the order or agreement that bears that proof of registration. (3) The clerk of each court of common pleas, the clerk of each municipal court, and the

clerk of each county court shall maintain a registry of certified copies of temporary

protection orders, protection orders, or consent agreements that have been issued

or approved by courts in other counties and that have been registered with the clerk. (O) Nothing in this section prohibits the domestic relations division of a court of common

pleas in counties that have a domestic relations division or a court of common pleas

in counties that do not have a domestic relations division from designating a minor

child as a protected party on a protection order or consent agreement.