As Introduced

130th General Assembly Regular Session 2013-2014

S. B. No. 261

Senators Bacon, Manning 

Cosponsors: Senators Patton, Obhof, Seitz, Brown 

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A BILL

To amend sections 2151.34, 2903.214, 2919.27, and

1

3113.31 of the Revised Code to provide that a

2

person who recklessly violates a protection order

3

issued upon a petition alleging that the person

4

committed an act of domestic violence, menacing by

5

stalking, or a sexually oriented offense, is

6

guilty of the offense of violating a protection

7

order if the person has actual notice of the

8

protection order, notwithstanding that the person

9

has not been served with a copy of the protection

10

order, to increase the penalty for violating a

11

protection order or consent agreement issued or

12

entered into in order to protect a family or

13

household member from domestic violence, and to

14

require law enforcement agencies to enter certain

15

protection orders into the National Crime

16

Information Center Protection Order File.

17

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 2151.34, 2903.214, 2919.27, and	18
3113.31 of the Revised Code be amended to read as follows:	19

Sec. 2151.34.  (A) As used in this section:

20

(1) "Court" means the juvenile division of the court of	21
common pleas of the county in which the person to be protected by	22
the protection order resides.	23

(2) "Victim advocate" means a person who provides support and	24
assistance for a person who files a petition under this section.	25

(3) "Family or household member" has the same meaning as in	26
section 3113.31 of the Revised Code.	27

(4) "Protection order issued by a court of another state" has	28
the same meaning as in section 2919.27 of the Revised Code.	29

(5) "Petitioner" means a person who files a petition under	30
this section and includes a person on whose behalf a petition	31
under this section is filed.	32

(6) "Respondent" means a person who is under eighteen years	33
of age and against whom a petition is filed under this section.	34

(7) "Sexually oriented offense" has the same meaning as in	35
section 2950.01 of the Revised Code.	36

(8) "Electronic monitoring" has the same meaning as in	37
section 2929.01 of the Revised Code.	38

(B) The court has jurisdiction over all proceedings under	39
this section.	40

(C)(1) Any of the following persons may seek relief under	41
this section by filing a petition with the court:	42

(a) Any person on behalf of that person;

43

(b) Any parent or adult family or household member on behalf	44
of any other family or household member;	45

(c) Any person who is determined by the court in its	46
discretion as an appropriate person to seek relief under this	47
section on behalf of any child.	48

(2) The petition shall contain or state all of the following:

49

(a) An allegation that the respondent engaged in a violation	50
of section 2903.11, 2903.12, 2903.13, 2903.21, 2903.211, 2903.22,	51
or 2911.211 of the Revised Code, committed a sexually oriented	52
offense, or engaged in a violation of any municipal ordinance that	53
is substantially equivalent to any of those offenses against the	54
person to be protected by the protection order, including a	55
description of the nature and extent of the violation;	56

(b) If the petitioner seeks relief in the form of electronic	57
monitoring of the respondent, an allegation that at any time	58
preceding the filing of the petition the respondent engaged in	59
conduct that would cause a reasonable person to believe that the	60
health, welfare, or safety of the person to be protected was at	61
risk, a description of the nature and extent of that conduct, and	62
an allegation that the respondent presents a continuing danger to	63
the person to be protected;	64

(c) A request for relief under this section.

65

(3) The court in its discretion may determine whether or not	66
to give notice that a petition has been filed under division	67
(C)(1) of this section on behalf of a child to any of the	68
following:	69

(a) A parent of the child if the petition was filed by any	70
person other than a parent of the child;	71

(b) Any person who is determined by the court to be an	72
appropriate person to receive notice of the filing of the	73
petition.	74

(D)(1) If a person who files a petition pursuant to this	75
section requests an ex parte order, the court shall hold an ex	76
parte hearing as soon as possible after the petition is filed, but	77
not later than the next day after the court is in session after	78
the petition is filed. The court, for good cause shown at the ex	79
parte hearing, may enter any temporary orders, with or without	80
bond, that the court finds necessary for the safety and protection	81
of the person to be protected by the order. Immediate and present	82
danger to the person to be protected by the protection order	83
constitutes good cause for purposes of this section. Immediate and	84
present danger includes, but is not limited to, situations in	85
which the respondent has threatened the person to be protected by	86
the protection order with bodily harm or in which the respondent	87
previously has been convicted of, pleaded guilty to, or been	88
adjudicated a delinquent child for committing a violation of	89
section 2903.11, 2903.12, 2903.13, 2903.21, 2903.211, 2903.22, or	90
2911.211 of the Revised Code, a sexually oriented offense, or a	91
violation of any municipal ordinance that is substantially	92
equivalent to any of those offenses against the person to be	93
protected by the protection order.	94

(2)(a) If the court, after an ex parte hearing, issues a	95
protection order described in division (E) of this section, the	96
court shall schedule a full hearing for a date that is within ten	97
court days after the ex parte hearing. The court shall give the	98
respondent notice of, and an opportunity to be heard at, the full	99
hearing. The court also shall give notice of the full hearing to	100
the parent, guardian, or legal custodian of the respondent. The	101
court shall hold the full hearing on the date scheduled under this	102
division unless the court grants a continuance of the hearing in	103
accordance with this division. Under any of the following	104
circumstances or for any of the following reasons, the court may	105
grant a continuance of the full hearing to a reasonable time	106
determined by the court:	107

(i) Prior to the date scheduled for the full hearing under	108
this division, the respondent has not been served with the	109
petition filed pursuant to this section and notice of the full	110
hearing.	111

(ii) The parties consent to the continuance.

112

(iii) The continuance is needed to allow a party to obtain	113
counsel.	114

(iv) The continuance is needed for other good cause.

115

(b) An ex parte order issued under this section does not	116
expire because of a failure to serve notice of the full hearing	117
upon the respondent before the date set for the full hearing under	118
division (D)(2)(a) of this section or because the court grants a	119
continuance under that division.	120

(3) If a person who files a petition pursuant to this section	121
does not request an ex parte order, or if a person requests an ex	122
parte order but the court does not issue an ex parte order after	123
an ex parte hearing, the court shall proceed as in a normal civil	124
action and grant a full hearing on the matter.	125

(E)(1)(a) After an ex parte or full hearing, the court may	126
issue any protection order, with or without bond, that contains	127
terms designed to ensure the safety and protection of the person	128
to be protected by the protection order.	129

(b) After a full hearing, if the court considering a petition	130
that includes an allegation of the type described in division	131
(C)(2)(b) of this section or the court, upon its own motion, finds	132
upon clear and convincing evidence that the petitioner reasonably	133
believed that the respondent's conduct at any time preceding the	134
filing of the petition endangered the health, welfare, or safety	135
of the person to be protected and that the respondent presents a	136
continuing danger to the person to be protected and if division	137
(N) of this section does not prohibit the issuance of an order	138
that the respondent be electronically monitored, the court may	139
order that the respondent be electronically monitored for a period	140
of time and under the terms and conditions that the court	141
determines are appropriate. Electronic monitoring shall be in	142
addition to any other relief granted to the petitioner.	143

(2)(a) Any protection order issued pursuant to this section	144
shall be valid until a date certain but not later than the date	145
the respondent attains nineteen years of age.	146

(b) Any protection order issued pursuant to this section may	147
be renewed in the same manner as the original order was issued.	148

(3) A court may not issue a protection order that requires a	149
petitioner to do or to refrain from doing an act that the court	150
may require a respondent to do or to refrain from doing under	151
division (E)(1) of this section unless all of the following apply:	152

(a) The respondent files a separate petition for a protection	153
order in accordance with this section.	154

(b) The petitioner is served with notice of the respondent's	155
petition at least forty-eight hours before the court holds a	156
hearing with respect to the respondent's petition, or the	157
petitioner waives the right to receive this notice.	158

(c) If the petitioner has requested an ex parte order	159
pursuant to division (D) of this section, the court does not delay	160
any hearing required by that division beyond the time specified in	161
that division in order to consolidate the hearing with a hearing	162
on the petition filed by the respondent.	163

(d) After a full hearing at which the respondent presents	164
evidence in support of the request for a protection order and the	165
petitioner is afforded an opportunity to defend against that	166
evidence, the court determines that the petitioner has committed a	167
violation of section 2903.11, 2903.12, 2903.13, 2903.21, 2903.211,	168
2903.22, or 2911.211 of the Revised Code, a sexually oriented	169
offense, or a violation of any municipal ordinance that is	170
substantially equivalent to any of those offenses against the	171
person to be protected by the protection order issued pursuant to	172
division (E)(3) of this section, or has violated a protection	173
order issued pursuant to this section or section 2903.213 of the	174
Revised Code relative to the person to be protected by the	175
protection order issued pursuant to division (E)(3) of this	176
section.	177

(4) No protection order issued pursuant to this section shall	178
in any manner affect title to any real property.	179

(5)(a) A protection order issued under this section shall	180
clearly state that the person to be protected by the order cannot	181
waive or nullify by invitation or consent any requirement in the	182
order.	183

(b) Division (E)(5)(a) of this section does not limit any	184
discretion of a court to determine that a respondent alleged to	185
have violated section 2919.27 of the Revised Code, violated a	186
municipal ordinance substantially equivalent to that section, or	187
committed contempt of court, which allegation is based on an	188
alleged violation of a protection order issued under this section,	189
did not commit the violation or was not in contempt of court.	190

(6) Any protection order issued pursuant to this section	191
shall include a provision that the court will automatically seal	192
all of the records of the proceeding in which the order is issued	193
on the date the respondent attains the age of nineteen years	194
unless the petitioner provides the court with evidence that the	195
respondent has not complied with all of the terms of the	196
protection order. The protection order shall specify the date when	197
the respondent attains the age of nineteen years.	198

(F)(1)(a) The court shall cause the delivery of a copy of any	199
protection order that is issued under this section to the	200
petitioner, to the respondent, and to all law enforcement agencies	201
that have jurisdiction to enforce the order. The court shall	202
direct that a copy of the order be delivered to the respondent and	203
the parent, guardian, or legal custodian of the respondent on the	204
same day that the order is entered.	205

(b) The clerk of court shall provide a copy of any protection	206
order that is issued under this section to the appropriate law	207
enforcement agency for entry into the national crime information	208
center protection order file.	209

(2) Upon the issuance of a protection order under this	210
section, the court shall provide the parties to the order with the	211
following notice orally or by form:	212

"NOTICE	213

As a result of this order, it may be unlawful for you to	214
possess or purchase a firearm, including a rifle, pistol, or	215
revolver, or ammunition pursuant to federal law under 18 U.S.C.	216
922(g)(8). If you have any questions whether this law makes it	217
illegal for you to possess or purchase a firearm or ammunition,	218
you should consult an attorney."	219

(3) All law enforcement agencies shall establish and maintain	220
an index for the protection orders delivered to the agencies	221
pursuant to division (F)(1) of this section. With respect to each	222
order delivered, each agency shall note on the index the date and	223
time that it received the order.	224

(4) Regardless of whether the petitioner has registered the	225
protection order in the county in which the officer's agency has	226
jurisdiction pursuant to division (M) of this section, any officer	227
of a law enforcement agency shall enforce a protection order	228
issued pursuant to this section by any court in this state in	229
accordance with the provisions of the order, including removing	230
the respondent from the premises, if appropriate.	231

(G) Any proceeding under this section shall be conducted in	232
accordance with the Rules of Civil Procedure, except that a	233
protection order may be obtained under this section with or	234
without bond. An order issued under this section, other than an ex	235
parte order, that grants a protection order, or that refuses to	236
grant a protection order, is a final, appealable order. The	237
remedies and procedures provided in this section are in addition	238
to, and not in lieu of, any other available civil or criminal	239
remedies or any other available remedies under Chapter 2151. or	240
2152. of the Revised Code.	241

(H) The filing of proceedings under this section does not	242
excuse a person from filing any report or giving any notice	243
required by section 2151.421 of the Revised Code or by any other	244
law.	245

(I) Any law enforcement agency that investigates an alleged	246
violation of section 2903.11, 2903.12, 2903.13, 2903.21, 2903.211,	247
2903.22, or 2911.211 of the Revised Code, an alleged commission of	248
a sexually oriented offense, or an alleged violation of a	249
municipal ordinance that is substantially equivalent to any of	250
those offenses shall provide information to the victim and the	251
family or household members of the victim regarding the relief	252
available under this section.	253

(J) Notwithstanding any provision of law to the contrary and	254
regardless of whether a protection order is issued or a consent	255
agreement is approved by a court of another county or by a court	256
of another state, no court or unit of state or local government	257
shall charge any fee, cost, deposit, or money in connection with	258
the filing of a petition pursuant to this section, in connection	259
with the filing, issuance, registration, or service of a	260
protection order or consent agreement, or for obtaining a	261
certified copy of a protection order or consent agreement.	262

(K)(1) A person who violates a protection order issued under	263
this section is subject to the following sanctions:	264

(a) A delinquent child proceeding or a criminal prosecution	265
for a violation of section 2919.27 of the Revised Code, if the	266
violation of the protection order constitutes a violation of that	267
section;	268

(b) Punishment for contempt of court.

269

(2) The punishment of a person for contempt of court for	270
violation of a protection order issued under this section does not	271
bar criminal prosecution of the person or a delinquent child	272
proceeding concerning the person for a violation of section	273
2919.27 of the Revised Code. However, a person punished for	274
contempt of court is entitled to credit for the punishment imposed	275
upon conviction of or adjudication as a delinquent child for a	276
violation of that section, and a person convicted of or	277
adjudicated a delinquent child for a violation of that section	278
shall not subsequently be punished for contempt of court arising	279
out of the same activity.	280

(L) In all stages of a proceeding under this section, a	281
petitioner may be accompanied by a victim advocate.	282

(M)(1) A petitioner who obtains a protection order under this	283
section may provide notice of the issuance or approval of the	284
order to the judicial and law enforcement officials in any county	285
other than the county in which the order is issued by registering	286
that order in the other county pursuant to division (M)(2) of this	287
section and filing a copy of the registered order with a law	288
enforcement agency in the other county in accordance with that	289
division. A person who obtains a protection order issued by a	290
court of another state may provide notice of the issuance of the	291
order to the judicial and law enforcement officials in any county	292
of this state by registering the order in that county pursuant to	293
section 2919.272 of the Revised Code and filing a copy of the	294
registered order with a law enforcement agency in that county.	295

(2) A petitioner may register a protection order issued	296
pursuant to this section in a county other than the county in	297
which the court that issued the order is located in the following	298
manner:	299

(a) The petitioner shall obtain a certified copy of the order	300
from the clerk of the court that issued the order and present that	301
certified copy to the clerk of the court of common pleas or the	302
clerk of a municipal court or county court in the county in which	303
the order is to be registered.	304

(b) Upon accepting the certified copy of the order for	305
registration, the clerk of the court of common pleas, municipal	306
court, or county court shall place an endorsement of registration	307
on the order and give the petitioner a copy of the order that	308
bears that proof of registration.	309

(3) The clerk of each court of common pleas, municipal court,	310
or county court shall maintain a registry of certified copies of	311
protection orders that have been issued by courts in other	312
counties pursuant to this section and that have been registered	313
with the clerk.	314

(N) If the court orders electronic monitoring of the	315
respondent under this section, the court shall direct the	316
sheriff's office or any other appropriate law enforcement agency	317
to install the electronic monitoring device and to monitor the	318
respondent. Unless the court determines that the respondent is	319
indigent, the court shall order the respondent to pay the cost of	320
the installation and monitoring of the electronic monitoring	321
device. If the court determines that the respondent is indigent	322
and subject to the maximum amount allowable to be paid in any year	323
from the fund and the rules promulgated by the attorney general	324
under section 2903.214 of the Revised Code, the cost of the	325
installation and monitoring of the electronic monitoring device	326
may be paid out of funds from the reparations fund created	327
pursuant to section 2743.191 of the Revised Code. The total amount	328
paid from the reparations fund created pursuant to section	329
2743.191 of the Revised Code for electronic monitoring under this	330
section and sections 2903.214 and 2919.27 of the Revised Code	331
shall not exceed three hundred thousand dollars per year. When the	332
total amount paid from the reparations fund in any year for	333
electronic monitoring under those sections equals or exceeds three	334
hundred thousand dollars, the court shall not order pursuant to	335
this section that an indigent respondent be electronically	336
monitored.	337

(O) The court, in its discretion, may determine if the	338
respondent is entitled to court-appointed counsel in a proceeding	339
under this section.	340

Sec. 2903.214.  (A) As used in this section:

341

(1) "Court" means the court of common pleas of the county in	342
which the person to be protected by the protection order resides.	343

(2) "Victim advocate" means a person who provides support and	344
assistance for a person who files a petition under this section.	345

(3) "Family or household member" has the same meaning as in	346
section 3113.31 of the Revised Code.	347

(4) "Protection order issued by a court of another state" has	348
the same meaning as in section 2919.27 of the Revised Code.	349

(5) "Sexually oriented offense" has the same meaning as in	350
section 2950.01 of the Revised Code.	351

(6) "Electronic monitoring" has the same meaning as in	352
section 2929.01 of the Revised Code.	353

(B) The court has jurisdiction over all proceedings under	354
this section.	355

(C) A person may seek relief under this section for the	356
person, or any parent or adult household member may seek relief	357
under this section on behalf of any other family or household	358
member, by filing a petition with the court. The petition shall	359
contain or state all of the following:	360

(1) An allegation that the respondent is eighteen years of	361
age or older and engaged in a violation of section 2903.211 of the	362
Revised Code against the person to be protected by the protection	363
order or committed a sexually oriented offense against the person	364
to be protected by the protection order, including a description	365
of the nature and extent of the violation;	366

(2) If the petitioner seeks relief in the form of electronic	367
monitoring of the respondent, an allegation that at any time	368
preceding the filing of the petition the respondent engaged in	369
conduct that would cause a reasonable person to believe that the	370
health, welfare, or safety of the person to be protected was at	371
risk, a description of the nature and extent of that conduct, and	372
an allegation that the respondent presents a continuing danger to	373
the person to be protected;	374

(3) A request for relief under this section.

375

(D)(1) If a person who files a petition pursuant to this	376
section requests an ex parte order, the court shall hold an ex	377
parte hearing as soon as possible after the petition is filed, but	378
not later than the next day that the court is in session after the	379
petition is filed. The court, for good cause shown at the ex parte	380
hearing, may enter any temporary orders, with or without bond,	381
that the court finds necessary for the safety and protection of	382
the person to be protected by the order. Immediate and present	383
danger to the person to be protected by the protection order	384
constitutes good cause for purposes of this section. Immediate and	385
present danger includes, but is not limited to, situations in	386
which the respondent has threatened the person to be protected by	387
the protection order with bodily harm or in which the respondent	388
previously has been convicted of or pleaded guilty to a violation	389
of section 2903.211 of the Revised Code or a sexually oriented	390
offense against the person to be protected by the protection	391
order.	392

(2)(a) If the court, after an ex parte hearing, issues a	393
protection order described in division (E) of this section, the	394
court shall schedule a full hearing for a date that is within ten	395
court days after the ex parte hearing. The court shall give the	396
respondent notice of, and an opportunity to be heard at, the full	397
hearing. The court shall hold the full hearing on the date	398
scheduled under this division unless the court grants a	399
continuance of the hearing in accordance with this division. Under	400
any of the following circumstances or for any of the following	401
reasons, the court may grant a continuance of the full hearing to	402
a reasonable time determined by the court:	403

(i) Prior to the date scheduled for the full hearing under	404
this division, the respondent has not been served with the	405
petition filed pursuant to this section and notice of the full	406
hearing.	407

(ii) The parties consent to the continuance.

408

(iii) The continuance is needed to allow a party to obtain	409
counsel.	410

(iv) The continuance is needed for other good cause.

411

(b) An ex parte order issued under this section does not	412
expire because of a failure to serve notice of the full hearing	413
upon the respondent before the date set for the full hearing under	414
division (D)(2)(a) of this section or because the court grants a	415
continuance under that division.	416

(3) If a person who files a petition pursuant to this section	417
does not request an ex parte order, or if a person requests an ex	418
parte order but the court does not issue an ex parte order after	419
an ex parte hearing, the court shall proceed as in a normal civil	420
action and grant a full hearing on the matter.	421

(E)(1)(a) After an ex parte or full hearing, the court may	422
issue any protection order, with or without bond, that contains	423
terms designed to ensure the safety and protection of the person	424
to be protected by the protection order, including, but not	425
limited to, a requirement that the respondent refrain from	426
entering the residence, school, business, or place of employment	427
of the petitioner or family or household member. If the court	428
includes a requirement that the respondent refrain from entering	429
the residence, school, business, or place of employment of the	430
petitioner or family or household member in the order, it also	431
shall include in the order provisions of the type described in	432
division (E)(5) of this section.	433

(b) After a full hearing, if the court considering a petition	434
that includes an allegation of the type described in division	435
(C)(2) of this section, or the court upon its own motion, finds	436
upon clear and convincing evidence that the petitioner reasonably	437
believed that the respondent's conduct at any time preceding the	438
filing of the petition endangered the health, welfare, or safety	439
of the person to be protected and that the respondent presents a	440
continuing danger to the person to be protected, the court may	441
order that the respondent be electronically monitored for a period	442
of time and under the terms and conditions that the court	443
determines are appropriate. Electronic monitoring shall be in	444
addition to any other relief granted to the petitioner.	445

(2)(a) Any protection order issued pursuant to this section	446
shall be valid until a date certain but not later than five years	447
from the date of its issuance.	448

(b) Any protection order issued pursuant to this section may	449
be renewed in the same manner as the original order was issued.	450

(3) A court may not issue a protection order that requires a	451
petitioner to do or to refrain from doing an act that the court	452
may require a respondent to do or to refrain from doing under	453
division (E)(1) of this section unless all of the following apply:	454

(a) The respondent files a separate petition for a protection	455
order in accordance with this section.	456

(b) The petitioner is served with notice of the respondent's	457
petition at least forty-eight hours before the court holds a	458
hearing with respect to the respondent's petition, or the	459
petitioner waives the right to receive this notice.	460

(c) If the petitioner has requested an ex parte order	461
pursuant to division (D) of this section, the court does not delay	462
any hearing required by that division beyond the time specified in	463
that division in order to consolidate the hearing with a hearing	464
on the petition filed by the respondent.	465

(d) After a full hearing at which the respondent presents	466
evidence in support of the request for a protection order and the	467
petitioner is afforded an opportunity to defend against that	468
evidence, the court determines that the petitioner has committed a	469
violation of section 2903.211 of the Revised Code against the	470
person to be protected by the protection order issued pursuant to	471
division (E)(3) of this section, has committed a sexually oriented	472
offense against the person to be protected by the protection order	473
issued pursuant to division (E)(3) of this section, or has	474
violated a protection order issued pursuant to section 2903.213 of	475
the Revised Code relative to the person to be protected by the	476
protection order issued pursuant to division (E)(3) of this	477
section.	478

(4) No protection order issued pursuant to this section shall	479
in any manner affect title to any real property.	480

(5)(a) If the court issues a protection order under this	481
section that includes a requirement that the alleged offender	482
refrain from entering the residence, school, business, or place of	483
employment of the petitioner or a family or household member, the	484
order shall clearly state that the order cannot be waived or	485
nullified by an invitation to the alleged offender from the	486
complainant to enter the residence, school, business, or place of	487
employment or by the alleged offender's entry into one of those	488
places otherwise upon the consent of the petitioner or family or	489
household member.	490

(b) Division (E)(5)(a) of this section does not limit any	491
discretion of a court to determine that an alleged offender	492
charged with a violation of section 2919.27 of the Revised Code,	493
with a violation of a municipal ordinance substantially equivalent	494
to that section, or with contempt of court, which charge is based	495
on an alleged violation of a protection order issued under this	496
section, did not commit the violation or was not in contempt of	497
court.	498

(F)(1)(a) The court shall cause the delivery of a copy of any	499
protection order that is issued under this section to the	500
petitioner, to the respondent, and to all law enforcement agencies	501
that have jurisdiction to enforce the order. The court shall	502
direct that a copy of the order be delivered to the respondent on	503
the same day that the order is entered.	504

(b) The clerk of court shall provide a copy of any protection	505
order that is issued under this section to the appropriate law	506
enforcement agency for entry into the national crime information	507
center protection order file.	508

(2) Upon the issuance of a protection order under this	509
section, the court shall provide the parties to the order with the	510
following notice orally or by form:	511

"NOTICE	512

As a result of this order, it may be unlawful for you to	513
possess or purchase a firearm, including a rifle, pistol, or	514
revolver, or ammunition pursuant to federal law under 18 U.S.C.	515
922(g)(8). If you have any questions whether this law makes it	516
illegal for you to possess or purchase a firearm or ammunition,	517
you should consult an attorney."	518

(3) All law enforcement agencies shall establish and maintain	519
an index for the protection orders delivered to the agencies	520
pursuant to division (F)(1) of this section. With respect to each	521
order delivered, each agency shall note on the index the date and	522
time that it received the order.	523

(4) Regardless of whether the petitioner has registered the	524
protection order in the county in which the officer's agency has	525
jurisdiction pursuant to division (M) of this section, any officer	526
of a law enforcement agency shall enforce a protection order	527
issued pursuant to this section by any court in this state in	528
accordance with the provisions of the order, including removing	529
the respondent from the premises, if appropriate.	530

(G) Any proceeding under this section shall be conducted in	531
accordance with the Rules of Civil Procedure, except that a	532
protection order may be obtained under this section with or	533
without bond. An order issued under this section, other than an ex	534
parte order, that grants a protection order, or that refuses to	535
grant a protection order, is a final, appealable order. The	536
remedies and procedures provided in this section are in addition	537
to, and not in lieu of, any other available civil or criminal	538
remedies.	539

(H) The filing of proceedings under this section does not	540
excuse a person from filing any report or giving any notice	541
required by section 2151.421 of the Revised Code or by any other	542
law.	543

(I) Any law enforcement agency that investigates an alleged	544
violation of section 2903.211 of the Revised Code or an alleged	545
commission of a sexually oriented offense shall provide	546
information to the victim and the family or household members of	547
the victim regarding the relief available under this section and	548
section 2903.213 of the Revised Code.	549

(J) Notwithstanding any provision of law to the contrary and	550
regardless of whether a protection order is issued or a consent	551
agreement is approved by a court of another county or by a court	552
of another state, no court or unit of state or local government	553
shall charge any fee, cost, deposit, or money in connection with	554
the filing of a petition pursuant to this section, in connection	555
with the filing, issuance, registration, or service of a	556
protection order or consent agreement, or for obtaining a	557
certified copy of a protection order or consent agreement.	558

(K)(1) A person who violates a protection order issued under	559
this section is subject to the following sanctions:	560

(a) Criminal prosecution for a violation of section 2919.27	561
of the Revised Code, if the violation of the protection order	562
constitutes a violation of that section;	563

(b) Punishment for contempt of court.

564

(2) The punishment of a person for contempt of court for	565
violation of a protection order issued under this section does not	566
bar criminal prosecution of the person for a violation of section	567
2919.27 of the Revised Code. However, a person punished for	568
contempt of court is entitled to credit for the punishment imposed	569
upon conviction of a violation of that section, and a person	570
convicted of a violation of that section shall not subsequently be	571
punished for contempt of court arising out of the same activity.	572

(L) In all stages of a proceeding under this section, a	573
petitioner may be accompanied by a victim advocate.	574

(M)(1) A petitioner who obtains a protection order under this	575
section or a protection order under section 2903.213 of the	576
Revised Code may provide notice of the issuance or approval of the	577
order to the judicial and law enforcement officials in any county	578
other than the county in which the order is issued by registering	579
that order in the other county pursuant to division (M)(2) of this	580
section and filing a copy of the registered order with a law	581
enforcement agency in the other county in accordance with that	582
division. A person who obtains a protection order issued by a	583
court of another state may provide notice of the issuance of the	584
order to the judicial and law enforcement officials in any county	585
of this state by registering the order in that county pursuant to	586
section 2919.272 of the Revised Code and filing a copy of the	587
registered order with a law enforcement agency in that county.	588

(2) A petitioner may register a protection order issued	589
pursuant to this section or section 2903.213 of the Revised Code	590
in a county other than the county in which the court that issued	591
the order is located in the following manner:	592

(a) The petitioner shall obtain a certified copy of the order	593
from the clerk of the court that issued the order and present that	594
certified copy to the clerk of the court of common pleas or the	595
clerk of a municipal court or county court in the county in which	596
the order is to be registered.	597

(b) Upon accepting the certified copy of the order for	598
registration, the clerk of the court of common pleas, municipal	599
court, or county court shall place an endorsement of registration	600
on the order and give the petitioner a copy of the order that	601
bears that proof of registration.	602

(3) The clerk of each court of common pleas, municipal court,	603
or county court shall maintain a registry of certified copies of	604
protection orders that have been issued by courts in other	605
counties pursuant to this section or section 2903.213 of the	606
Revised Code and that have been registered with the clerk.	607

(N)(1) If the court orders electronic monitoring of the	608
respondent under this section, the court shall direct the	609
sheriff's office or any other appropriate law enforcement agency	610
to install the electronic monitoring device and to monitor the	611
respondent. Unless the court determines that the respondent is	612
indigent, the court shall order the respondent to pay the cost of	613
the installation and monitoring of the electronic monitoring	614
device. If the court determines that the respondent is indigent	615
and subject to the maximum amount allowable to be paid in any year	616
from the fund and the rules promulgated by the attorney general	617
under division (N)(2) of this section, the cost of the	618
installation and monitoring of the electronic monitoring device	619
may be paid out of funds from the reparations fund created	620
pursuant to section 2743.191 of the Revised Code. The total amount	621
of costs for the installation and monitoring of electronic	622
monitoring devices paid pursuant to this division and sections	623
2151.34 and 2919.27 of the Revised Code from the reparations fund	624
shall not exceed three hundred thousand dollars per year.	625

(2) The attorney general may promulgate rules pursuant to	626
section 111.15 of the Revised Code to govern payments made from	627
the reparations fund pursuant to this division and sections	628
2151.34 and 2919.27 of the Revised Code. The rules may include	629
reasonable limits on the total cost paid pursuant to this division	630
and sections 2151.34 and 2919.27 of the Revised Code per	631
respondent, the amount of the three hundred thousand dollars	632
allocated to each county, and how invoices may be submitted by a	633
county, court, or other entity.	634

Sec. 2919.27.  (A) No person shall recklessly violate the	635
terms of any of the following:	636

(1) A protection order issued or consent agreement approved	637
pursuant to section 2919.26 or 3113.31 of the Revised Code;	638

(2) A protection order issued pursuant to section 2151.34,or	639
2903.213, or 2903.214 of the Revised Code;	640

(3) A protection order issued by a court of another state;

641

(4) A protection order issued pursuant to section 2903.214 of	642
the Revised Code.	643

(B)(1) Whoever violates this section is guilty of violating a	644
protection order.	645

(2) Except as otherwise provided in division (B)(3) or (4) of	646
this section, violating a protection order is a misdemeanor of the	647
first degree.	648

(3) IfViolating a protection order is a felony of the fifth	649
degree if the offender previously has been convicted of, pleaded	650
guilty to, or been adjudicated a delinquent child for aany of the	651
following:	652

(a) A violation of a protection order or consent agreement	653
issued pursuant to section 2151.34, 2903.213, or 2903.214, or	654
3113.31 of the Revised Code, two;	655

(b) Two or more violations of section 2903.21, 2903.211,	656
2903.22, or 2911.211 of the Revised Code, or any combination of	657
those offenses, that involved the same person who is the subject	658
of the protection order or consent agreement, or one;	659

(c) One or more violations of this section, violating a	660
protection order is a felony of the fifth degree.	661

(4) If the offender violates a protection order or consent	662
agreement while committing a felony offense, violating a	663
protection order is a felony of the third degree.	664

(5) If the protection order violated by the offender was an	665
order issued pursuant to section 2151.34 or 2903.214 of the	666
Revised Code that required electronic monitoring of the offender	667
pursuant to that section, the court may require in addition to any	668
other sentence imposed upon the offender that the offender be	669
electronically monitored for a period not exceeding five years by	670
a law enforcement agency designated by the court. If the court	671
requires under this division that the offender be electronically	672
monitored, unless the court determines that the offender is	673
indigent, the court shall order that the offender pay the costs of	674
the installation of the electronic monitoring device and the cost	675
of monitoring the electronic monitoring device. If the court	676
determines that the offender is indigent and subject to the	677
maximum amount allowable and the rules promulgated by the attorney	678
general under section 2903.214 of the Revised Code, the costs of	679
the installation of the electronic monitoring device and the cost	680
of monitoring the electronic monitoring device may be paid out of	681
funds from the reparations fund created pursuant to section	682
2743.191 of the Revised Code. The total amount paid from the	683
reparations fund created pursuant to section 2743.191 of the	684
Revised Code for electronic monitoring under this section and	685
sections 2151.34 and 2903.214 of the Revised Code shall not exceed	686
three hundred thousand dollars per year.	687

(C) It is an affirmative defense to a charge under division	688
(A)(3) of this section that the protection order issued by a court	689
of another state does not comply with the requirements specified	690
in 18 U.S.C. 2265(b) for a protection order that must be accorded	691
full faith and credit by a court of this state or that it is not	692
entitled to full faith and credit under 18 U.S.C. 2265(c).	693

(D) For purposes of division (A)(1) of this section, a	694
protection order issued under section 2919.26 of the Revised Code	695
based on an allegation of a violation of section 2919.25 of the	696
Revised Code or a protection order issued under section 3113.31 of	697
the Revised Code based on an allegation of domestic violence, as	698
domestic violence is defined in section 3113.31 of the Revised	699
Code, has been issued if the person has been served with a copy of	700
the protection order or has actual notice that the court has	701
issued the protection order.	702

(E) For purposes of division (A)(4) of this section, a	703
protection order has been issued pursuant to section 2903.214 of	704
the Revised Code if the person has been served with a copy of the	705
protection order or has actual notice that the court has issued	706
the protection order.	707

(F) As used in this section, "protection order issued by a	708
court of another state" means an injunction or another order	709
issued by a criminal court of another state for the purpose of	710
preventing violent or threatening acts or harassment against,	711
contact or communication with, or physical proximity to another	712
person, including a temporary order, and means an injunction or	713
order of that nature issued by a civil court of another state,	714
including a temporary order and a final order issued in an	715
independent action or as a pendente lite order in a proceeding for	716
other relief, if the court issued it in response to a complaint,	717
petition, or motion filed by or on behalf of a person seeking	718
protection. "Protection order issued by a court of another state"	719
does not include an order for support or for custody of a child	720
issued pursuant to the divorce and child custody laws of another	721
state, except to the extent that the order for support or for	722
custody of a child is entitled to full faith and credit under the	723
laws of the United States.	724

Sec. 3113.31.  (A) As used in this section:

725

(1) "Domestic violence" means the occurrence of one or more	726
of the following acts against a family or household member:	727

(a) Attempting to cause or recklessly causing bodily injury;

728

(b) Placing another person by the threat of force in fear of	729
imminent serious physical harm or committing a violation of	730
section 2903.211 or 2911.211 of the Revised Code;	731

(c) Committing any act with respect to a child that would	732
result in the child being an abused child, as defined in section	733
2151.031 of the Revised Code;	734

(d) Committing a sexually oriented offense.

735

(2) "Court" means the domestic relations division of the	736
court of common pleas in counties that have a domestic relations	737
division and the court of common pleas in counties that do not	738
have a domestic relations division, or the juvenile division of	739
the court of common pleas of the county in which the person to be	740
protected by a protection order issued or a consent agreement	741
approved under this section resides if the respondent is less than	742
eighteen years of age.	743

(3) "Family or household member" means any of the following:

744

(a) Any of the following who is residing with or has resided	745
with the respondent:	746

(i) A spouse, a person living as a spouse, or a former spouse	747
of the respondent;	748

(ii) A parent, a foster parent, or a child of the respondent,	749
or another person related by consanguinity or affinity to the	750
respondent;	751

(iii) A parent or a child of a spouse, person living as a	752
spouse, or former spouse of the respondent, or another person	753
related by consanguinity or affinity to a spouse, person living as	754
a spouse, or former spouse of the respondent.	755

(b) The natural parent of any child of whom the respondent is	756
the other natural parent or is the putative other natural parent.	757

(4) "Person living as a spouse" means a person who is living	758
or has lived with the respondent in a common law marital	759
relationship, who otherwise is cohabiting with the respondent, or	760
who otherwise has cohabited with the respondent within five years	761
prior to the date of the alleged occurrence of the act in	762
question.	763

(5) "Victim advocate" means a person who provides support and	764
assistance for a person who files a petition under this section.	765

(6) "Sexually oriented offense" has the same meaning as in	766
section 2950.01 of the Revised Code.	767

(B) The court has jurisdiction over all proceedings under	768
this section. The petitioner's right to relief under this section	769
is not affected by the petitioner's leaving the residence or	770
household to avoid further domestic violence.	771

(C) A person may seek relief under this section on the	772
person's own behalf, or any parent or adult household member may	773
seek relief under this section on behalf of any other family or	774
household member, by filing a petition with the court. The	775
petition shall contain or state:	776

(1) An allegation that the respondent engaged in domestic	777
violence against a family or household member of the respondent,	778
including a description of the nature and extent of the domestic	779
violence;	780

(2) The relationship of the respondent to the petitioner, and	781
to the victim if other than the petitioner;	782

(3) A request for relief under this section.

783

(D)(1) If a person who files a petition pursuant to this	784
section requests an ex parte order, the court shall hold an ex	785
parte hearing on the same day that the petition is filed. The	786
court, for good cause shown at the ex parte hearing, may enter any	787
temporary orders, with or without bond, including, but not limited	788
to, an order described in division (E)(1)(a), (b), or (c) of this	789
section, that the court finds necessary to protect the family or	790
household member from domestic violence. Immediate and present	791
danger of domestic violence to the family or household member	792
constitutes good cause for purposes of this section. Immediate and	793
present danger includes, but is not limited to, situations in	794
which the respondent has threatened the family or household member	795
with bodily harm, in which the respondent has threatened the	796
family or household member with a sexually oriented offense, or in	797
which the respondent previously has been convicted of, pleaded	798
guilty to, or been adjudicated a delinquent child for an offense	799
that constitutes domestic violence against the family or household	800
member.	801

(2)(a) If the court, after an ex parte hearing, issues an	802
order described in division (E)(1)(b) or (c) of this section, the	803
court shall schedule a full hearing for a date that is within	804
seven court days after the ex parte hearing. If any other type of	805
protection order that is authorized under division (E) of this	806
section is issued by the court after an ex parte hearing, the	807
court shall schedule a full hearing for a date that is within ten	808
court days after the ex parte hearing. The court shall give the	809
respondent notice of, and an opportunity to be heard at, the full	810
hearing. The court shall hold the full hearing on the date	811
scheduled under this division unless the court grants a	812
continuance of the hearing in accordance with this division. Under	813
any of the following circumstances or for any of the following	814
reasons, the court may grant a continuance of the full hearing to	815
a reasonable time determined by the court:	816

(i) Prior to the date scheduled for the full hearing under	817
this division, the respondent has not been served with the	818
petition filed pursuant to this section and notice of the full	819
hearing.	820

(ii) The parties consent to the continuance.

821

(iii) The continuance is needed to allow a party to obtain	822
counsel.	823

(iv) The continuance is needed for other good cause.

824

(b) An ex parte order issued under this section does not	825
expire because of a failure to serve notice of the full hearing	826
upon the respondent before the date set for the full hearing under	827
division (D)(2)(a) of this section or because the court grants a	828
continuance under that division.	829

(3) If a person who files a petition pursuant to this section	830
does not request an ex parte order, or if a person requests an ex	831
parte order but the court does not issue an ex parte order after	832
an ex parte hearing, the court shall proceed as in a normal civil	833
action and grant a full hearing on the matter.	834

(E)(1) After an ex parte or full hearing, the court may grant	835
any protection order, with or without bond, or approve any consent	836
agreement to bring about a cessation of domestic violence against	837
the family or household members. The order or agreement may:	838

(a) Direct the respondent to refrain from abusing or from	839
committing sexually oriented offenses against the family or	840
household members;	841

(b) Grant possession of the residence or household to the	842
petitioner or other family or household member, to the exclusion	843
of the respondent, by evicting the respondent, when the residence	844
or household is owned or leased solely by the petitioner or other	845
family or household member, or by ordering the respondent to	846
vacate the premises, when the residence or household is jointly	847
owned or leased by the respondent, and the petitioner or other	848
family or household member;	849

(c) When the respondent has a duty to support the petitioner	850
or other family or household member living in the residence or	851
household and the respondent is the sole owner or lessee of the	852
residence or household, grant possession of the residence or	853
household to the petitioner or other family or household member,	854
to the exclusion of the respondent, by ordering the respondent to	855
vacate the premises, or, in the case of a consent agreement, allow	856
the respondent to provide suitable, alternative housing;	857

(d) Temporarily allocate parental rights and responsibilities	858
for the care of, or establish temporary parenting time rights with	859
regard to, minor children, if no other court has determined, or is	860
determining, the allocation of parental rights and	861
responsibilities for the minor children or parenting time rights;	862

(e) Require the respondent to maintain support, if the	863
respondent customarily provides for or contributes to the support	864
of the family or household member, or if the respondent has a duty	865
to support the petitioner or family or household member;	866

(f) Require the respondent, petitioner, victim of domestic	867
violence, or any combination of those persons, to seek counseling;	868

(g) Require the respondent to refrain from entering the	869
residence, school, business, or place of employment of the	870
petitioner or family or household member;	871

(h) Grant other relief that the court considers equitable and	872
fair, including, but not limited to, ordering the respondent to	873
permit the use of a motor vehicle by the petitioner or other	874
family or household member and the apportionment of household and	875
family personal property.	876

(2) If a protection order has been issued pursuant to this	877
section in a prior action involving the respondent and the	878
petitioner or one or more of the family or household members or	879
victims, the court may include in a protection order that it	880
issues a prohibition against the respondent returning to the	881
residence or household. If it includes a prohibition against the	882
respondent returning to the residence or household in the order,	883
it also shall include in the order provisions of the type	884
described in division (E)(7) of this section. This division does	885
not preclude the court from including in a protection order or	886
consent agreement, in circumstances other than those described in	887
this division, a requirement that the respondent be evicted from	888
or vacate the residence or household or refrain from entering the	889
residence, school, business, or place of employment of the	890
petitioner or a family or household member, and, if the court	891
includes any requirement of that type in an order or agreement,	892
the court also shall include in the order provisions of the type	893
described in division (E)(7) of this section.	894

(3)(a) Any protection order issued or consent agreement	895
approved under this section shall be valid until a date certain,	896
but not later than five years from the date of its issuance or	897
approval, or not later than the date a respondent who is less than	898
eighteen years of age attains nineteen years of age, unless	899
modified or terminated as provided in division (E)(8) of this	900
section.	901

(b) Subject to the limitation on the duration of an order or	902
agreement set forth in division (E)(3)(a) of this section, any	903
order under division (E)(1)(d) of this section shall terminate on	904
the date that a court in an action for divorce, dissolution of	905
marriage, or legal separation brought by the petitioner or	906
respondent issues an order allocating parental rights and	907
responsibilities for the care of children or on the date that a	908
juvenile court in an action brought by the petitioner or	909
respondent issues an order awarding legal custody of minor	910
children. Subject to the limitation on the duration of an order or	911
agreement set forth in division (E)(3)(a) of this section, any	912
order under division (E)(1)(e) of this section shall terminate on	913
the date that a court in an action for divorce, dissolution of	914
marriage, or legal separation brought by the petitioner or	915
respondent issues a support order or on the date that a juvenile	916
court in an action brought by the petitioner or respondent issues	917
a support order.	918

(c) Any protection order issued or consent agreement approved	919
pursuant to this section may be renewed in the same manner as the	920
original order or agreement was issued or approved.	921

(4) A court may not issue a protection order that requires a	922
petitioner to do or to refrain from doing an act that the court	923
may require a respondent to do or to refrain from doing under	924
division (E)(1)(a), (b), (c), (d), (e), (g), or (h) of this	925
section unless all of the following apply:	926

(a) The respondent files a separate petition for a protection	927
order in accordance with this section.	928

(b) The petitioner is served notice of the respondent's	929
petition at least forty-eight hours before the court holds a	930
hearing with respect to the respondent's petition, or the	931
petitioner waives the right to receive this notice.	932

(c) If the petitioner has requested an ex parte order	933
pursuant to division (D) of this section, the court does not delay	934
any hearing required by that division beyond the time specified in	935
that division in order to consolidate the hearing with a hearing	936
on the petition filed by the respondent.	937

(d) After a full hearing at which the respondent presents	938
evidence in support of the request for a protection order and the	939
petitioner is afforded an opportunity to defend against that	940
evidence, the court determines that the petitioner has committed	941
an act of domestic violence or has violated a temporary protection	942
order issued pursuant to section 2919.26 of the Revised Code, that	943
both the petitioner and the respondent acted primarily as	944
aggressors, and that neither the petitioner nor the respondent	945
acted primarily in self-defense.	946

(5) No protection order issued or consent agreement approved	947
under this section shall in any manner affect title to any real	948
property.	949

(6)(a) If a petitioner, or the child of a petitioner, who	950
obtains a protection order or consent agreement pursuant to	951
division (E)(1) of this section or a temporary protection order	952
pursuant to section 2919.26 of the Revised Code and is the subject	953
of a parenting time order issued pursuant to section 3109.051 or	954
3109.12 of the Revised Code or a visitation or companionship order	955
issued pursuant to section 3109.051, 3109.11, or 3109.12 of the	956
Revised Code or division (E)(1)(d) of this section granting	957
parenting time rights to the respondent, the court may require the	958
public children services agency of the county in which the court	959
is located to provide supervision of the respondent's exercise of	960
parenting time or visitation or companionship rights with respect	961
to the child for a period not to exceed nine months, if the court	962
makes the following findings of fact:	963

(i) The child is in danger from the respondent;

964

(ii) No other person or agency is available to provide the	965
supervision.	966

(b) A court that requires an agency to provide supervision	967
pursuant to division (E)(6)(a) of this section shall order the	968
respondent to reimburse the agency for the cost of providing the	969
supervision, if it determines that the respondent has sufficient	970
income or resources to pay that cost.	971

(7)(a) If a protection order issued or consent agreement	972
approved under this section includes a requirement that the	973
respondent be evicted from or vacate the residence or household or	974
refrain from entering the residence, school, business, or place of	975
employment of the petitioner or a family or household member, the	976
order or agreement shall state clearly that the order or agreement	977
cannot be waived or nullified by an invitation to the respondent	978
from the petitioner or other family or household member to enter	979
the residence, school, business, or place of employment or by the	980
respondent's entry into one of those places otherwise upon the	981
consent of the petitioner or other family or household member.	982

(b) Division (E)(7)(a) of this section does not limit any	983
discretion of a court to determine that a respondent charged with	984
a violation of section 2919.27 of the Revised Code, with a	985
violation of a municipal ordinance substantially equivalent to	986
that section, or with contempt of court, which charge is based on	987
an alleged violation of a protection order issued or consent	988
agreement approved under this section, did not commit the	989
violation or was not in contempt of court.	990

(8)(a) The court may modify or terminate as provided in	991
division (E)(8) of this section a protection order or consent	992
agreement that was issued after a full hearing under this section.	993
The court that issued the protection order or approved the consent	994
agreement shall hear a motion for modification or termination of	995
the protection order or consent agreement pursuant to division	996
(E)(8) of this section.	997

(b) Either the petitioner or the respondent of the original	998
protection order or consent agreement may bring a motion for	999
modification or termination of a protection order or consent	1000
agreement that was issued or approved after a full hearing. The	1001
court shall require notice of the motion to be made as provided by	1002
the Rules of Civil Procedure. If the petitioner for the original	1003
protection order or consent agreement has requested that the	1004
petitioner's address be kept confidential, the court shall not	1005
disclose the address to the respondent of the original protection	1006
order or consent agreement or any other person, except as	1007
otherwise required by law. The moving party has the burden of	1008
proof to show, by a preponderance of the evidence, that	1009
modification or termination of the protection order or consent	1010
agreement is appropriate because either the protection order or	1011
consent agreement is no longer needed or because the terms of the	1012
original protection order or consent agreement are no longer	1013
appropriate.	1014

(c) In considering whether to modify or terminate a	1015
protection order or consent agreement issued or approved under	1016
this section, the court shall consider all relevant factors,	1017
including, but not limited to, the following:	1018

(i) Whether the petitioner consents to modification or	1019
termination of the protection order or consent agreement;	1020

(ii) Whether the petitioner fears the respondent;

1021

(iii) The current nature of the relationship between the	1022
petitioner and the respondent;	1023

(iv) The circumstances of the petitioner and respondent,	1024
including the relative proximity of the petitioner's and	1025
respondent's workplaces and residences and whether the petitioner	1026
and respondent have minor children together;	1027

(v) Whether the respondent has complied with the terms and	1028
conditions of the original protection order or consent agreement;	1029

(vi) Whether the respondent has a continuing involvement with	1030
illegal drugs or alcohol;	1031

(vii) Whether the respondent has been convicted of, pleaded	1032
guilty to, or been adjudicated a delinquent child for an offense	1033
of violence since the issuance of the protection order or approval	1034
of the consent agreement;	1035

(viii) Whether any other protection orders, consent	1036
agreements, restraining orders, or no contact orders have been	1037
issued against the respondent pursuant to this section, section	1038
2919.26 of the Revised Code, any other provision of state law, or	1039
the law of any other state;	1040

(ix) Whether the respondent has participated in any domestic	1041
violence treatment, intervention program, or other counseling	1042
addressing domestic violence and whether the respondent has	1043
completed the treatment, program, or counseling;	1044

(x) The time that has elapsed since the protection order was	1045
issued or since the consent agreement was approved;	1046

(xi) The age and health of the respondent;

1047

(xii) When the last incident of abuse, threat of harm, or	1048
commission of a sexually oriented offense occurred or other	1049
relevant information concerning the safety and protection of the	1050
petitioner or other protected parties.	1051

(d) If a protection order or consent agreement is modified or	1052
terminated as provided in division (E)(8) of this section, the	1053
court shall issue copies of the modified or terminated order or	1054
agreement as provided in division (F) of this section. A	1055
petitioner may also provide notice of the modification or	1056
termination to the judicial and law enforcement officials in any	1057
county other than the county in which the order or agreement is	1058
modified or terminated as provided in division (N) of this	1059
section.	1060

(e) If the respondent moves for modification or termination	1061
of a protection order or consent agreement pursuant to this	1062
section, the court may assess costs against the respondent for the	1063
filing of the motion.	1064

(9) Any protection order issued or any consent agreement	1065
approved pursuant to this section shall include a provision that	1066
the court will automatically seal all of the records of the	1067
proceeding in which the order is issued or agreement approved on	1068
the date the respondent attains the age of nineteen years unless	1069
the petitioner provides the court with evidence that the	1070
respondent has not complied with all of the terms of the	1071
protection order or consent agreement. The protection order or	1072
consent agreement shall specify the date when the respondent	1073
attains the age of nineteen years.	1074

(F)(1)(a) A copy of any protection order, or consent	1075
agreement, that is issued, approved, modified, or terminated under	1076
this section shall be issued by the court to the petitioner, to	1077
the respondent, and to all law enforcement agencies that have	1078
jurisdiction to enforce the order or agreement. The court shall	1079
direct that a copy of an order be delivered to the respondent on	1080
the same day that the order is entered.	1081

(b) The clerk of court shall provide a copy of any protection	1082
order that is issued under this section to the appropriate law	1083
enforcement agency for entry into the national crime information	1084
center protection order file.	1085

(2) Upon the issuance of a protection order or the approval	1086
of a consent agreement under this section, the court shall provide	1087
the parties to the order or agreement with the following notice	1088
orally or by form:	1089

"NOTICE	1090

As a result of this order or consent agreement, it may be	1091
unlawful for you to possess or purchase a firearm, including a	1092
rifle, pistol, or revolver, or ammunition pursuant to federal law	1093
under 18 U.S.C. 922(g)(8). If you have any questions whether this	1094
law makes it illegal for you to possess or purchase a firearm or	1095
ammunition, you should consult an attorney."	1096

(3) All law enforcement agencies shall establish and maintain	1097
an index for the protection orders and the approved consent	1098
agreements delivered to the agencies pursuant to division (F)(1)	1099
of this section. With respect to each order and consent agreement	1100
delivered, each agency shall note on the index the date and time	1101
that it received the order or consent agreement.	1102

(4) Regardless of whether the petitioner has registered the	1103
order or agreement in the county in which the officer's agency has	1104
jurisdiction pursuant to division (N) of this section, any officer	1105
of a law enforcement agency shall enforce a protection order	1106
issued or consent agreement approved by any court in this state in	1107
accordance with the provisions of the order or agreement,	1108
including removing the respondent from the premises, if	1109
appropriate.	1110

(G) Any proceeding under this section shall be conducted in	1111
accordance with the Rules of Civil Procedure, except that an order	1112
under this section may be obtained with or without bond. An order	1113
issued under this section, other than an ex parte order, that	1114
grants a protection order or approves a consent agreement, that	1115
refuses to grant a protection order or approve a consent agreement	1116
that modifies or terminates a protection order or consent	1117
agreement, or that refuses to modify or terminate a protection	1118
order or consent agreement, is a final, appealable order. The	1119
remedies and procedures provided in this section are in addition	1120
to, and not in lieu of, any other available civil or criminal	1121
remedies.	1122

(H) The filing of proceedings under this section does not	1123
excuse a person from filing any report or giving any notice	1124
required by section 2151.421 of the Revised Code or by any other	1125
law. When a petition under this section alleges domestic violence	1126
against minor children, the court shall report the fact, or cause	1127
reports to be made, to a county, township, or municipal peace	1128
officer under section 2151.421 of the Revised Code.	1129

(I) Any law enforcement agency that investigates a domestic	1130
dispute shall provide information to the family or household	1131
members involved regarding the relief available under this section	1132
and section 2919.26 of the Revised Code.	1133

(J) Notwithstanding any provision of law to the contrary and	1134
regardless of whether a protection order is issued or a consent	1135
agreement is approved by a court of another county or a court of	1136
another state, no court or unit of state or local government shall	1137
charge any fee, cost, deposit, or money in connection with the	1138
filing of a petition pursuant to this section or in connection	1139
with the filing, issuance, registration, or service of a	1140
protection order or consent agreement, or for obtaining a	1141
certified copy of a protection order or consent agreement.	1142

(K)(1) The court shall comply with Chapters 3119., 3121.,	1143
3123., and 3125. of the Revised Code when it makes or modifies an	1144
order for child support under this section.	1145

(2) If any person required to pay child support under an	1146
order made under this section on or after April 15, 1985, or	1147
modified under this section on or after December 31, 1986, is	1148
found in contempt of court for failure to make support payments	1149
under the order, the court that makes the finding, in addition to	1150
any other penalty or remedy imposed, shall assess all court costs	1151
arising out of the contempt proceeding against the person and	1152
require the person to pay any reasonable attorney's fees of any	1153
adverse party, as determined by the court, that arose in relation	1154
to the act of contempt.	1155

(L)(1) A person who violates a protection order issued or a	1156
consent agreement approved under this section is subject to the	1157
following sanctions:	1158

(a) Criminal prosecution or a delinquent child proceeding for	1159
a violation of section 2919.27 of the Revised Code, if the	1160
violation of the protection order or consent agreement constitutes	1161
a violation of that section;	1162

(b) Punishment for contempt of court.

1163

(2) The punishment of a person for contempt of court for	1164
violation of a protection order issued or a consent agreement	1165
approved under this section does not bar criminal prosecution of	1166
the person or a delinquent child proceeding concerning the person	1167
for a violation of section 2919.27 of the Revised Code. However, a	1168
person punished for contempt of court is entitled to credit for	1169
the punishment imposed upon conviction of or adjudication as a	1170
delinquent child for a violation of that section, and a person	1171
convicted of or adjudicated a delinquent child for a violation of	1172
that section shall not subsequently be punished for contempt of	1173
court arising out of the same activity.	1174

(M) In all stages of a proceeding under this section, a	1175
petitioner may be accompanied by a victim advocate.	1176

(N)(1) A petitioner who obtains a protection order or consent	1177
agreement under this section or a temporary protection order under	1178
section 2919.26 of the Revised Code may provide notice of the	1179
issuance or approval of the order or agreement to the judicial and	1180
law enforcement officials in any county other than the county in	1181
which the order is issued or the agreement is approved by	1182
registering that order or agreement in the other county pursuant	1183
to division (N)(2) of this section and filing a copy of the	1184
registered order or registered agreement with a law enforcement	1185
agency in the other county in accordance with that division. A	1186
person who obtains a protection order issued by a court of another	1187
state may provide notice of the issuance of the order to the	1188
judicial and law enforcement officials in any county of this state	1189
by registering the order in that county pursuant to section	1190
2919.272 of the Revised Code and filing a copy of the registered	1191
order with a law enforcement agency in that county.	1192

(2) A petitioner may register a temporary protection order,	1193
protection order, or consent agreement in a county other than the	1194
county in which the court that issued the order or approved the	1195
agreement is located in the following manner:	1196

(a) The petitioner shall obtain a certified copy of the order	1197
or agreement from the clerk of the court that issued the order or	1198
approved the agreement and present that certified copy to the	1199
clerk of the court of common pleas or the clerk of a municipal	1200
court or county court in the county in which the order or	1201
agreement is to be registered.	1202

(b) Upon accepting the certified copy of the order or	1203
agreement for registration, the clerk of the court of common	1204
pleas, municipal court, or county court shall place an endorsement	1205
of registration on the order or agreement and give the petitioner	1206
a copy of the order or agreement that bears that proof of	1207
registration.	1208

(3) The clerk of each court of common pleas, the clerk of	1209
each municipal court, and the clerk of each county court shall	1210
maintain a registry of certified copies of temporary protection	1211
orders, protection orders, or consent agreements that have been	1212
issued or approved by courts in other counties and that have been	1213
registered with the clerk.	1214

(O) Nothing in this section prohibits the domestic relations	1215
division of a court of common pleas in counties that have a	1216
domestic relations division or a court of common pleas in counties	1217
that do not have a domestic relations division from designating a	1218
minor child as a protected party on a protection order or consent	1219
agreement.	1220

Section 2. That existing sections 2151.34, 2903.214, 2919.27,	1221
and 3113.31 of the Revised Code are hereby repealed.	1222