As Introduced

130th General Assembly

Regular Session

2013-2014

H. B. No. 243

Representatives Slaby, Stinziano

Cosponsors: Representatives Antonio, Beck, Brenner, Celebrezze, Curtin, Fedor, Gerberry, Grossman, Hagan, R., Henne

A BILL

To amend sections 959.99, 2152.19, 2903.213,

2903.214, 2919.26, and 3113.31 of the Revised Code

to require a child who is adjudicated a delinquent

child for cruelty to a companion animal to undergo

a psychological evaluation and, if recommended,

counseling, to require the court to sentence other

offenders who commit that offense to probation

supervision, and to include the protection of

companion animals in temporary protection orders,

domestic violence protection orders, anti-stalking

protection orders, and related protection orders.

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

Section 1. That sections 959.99, 2152.19, 2903.213, 2903.214,	12
2919.26, and 3113.31 of the Revised Code be amended to read as	13
follows:	14

Sec. 959.99. (A) Whoever violates section 959.18 or 959.19	15
of the Revised Code is guilty of a minor misdemeanor.	16

(B) Except as otherwise provided in this division, whoever	17
violates section 959.02 of the Revised Code is guilty of a	18
misdemeanor of the second degree. If the value of the animal	19
killed or the injury done amounts to three hundred dollars or	20
more, whoever violates section 959.02 of the Revised Code is	21
guilty of a misdemeanor of the first degree.	22

(C) Whoever violates section 959.03, 959.06, 959.12, 959.15,	23
or 959.17 of the Revised Code is guilty of a misdemeanor of the	24
fourth degree.	25

(D) Whoever violates division (A) of section 959.13 of the	26
Revised Code is guilty of a misdemeanor of the second degree. In	27
addition, the court may order the offender to forfeit the animal	28
or livestock and may provide for its disposition, including, but	29
not limited to, the sale of the animal or livestock. If an animal	30
or livestock is forfeited and sold pursuant to this division, the	31
proceeds from the sale first shall be applied to pay the expenses	32
incurred with regard to the care of the animal from the time it	33
was taken from the custody of the former owner. The balance of the	34
proceeds from the sale, if any, shall be paid to the former owner	35
of the animal.	36

(E)(1)(a) Whoever violates division (B) of section 959.131 of	37
the Revised Code is guilty of a misdemeanor of the first degree on	38
a first offense and a felony of the fifth degree on each	39
subsequent offense. In addition to any other sanction imposed for	40
a felony violation of division (B) of section 959.131 of the	41
Revised Code if the offender is not already undergoing counseling	42
pursuant to division (E)(4) of this section, a court shall impose	43
a term of basic probation supervision or a term of intensive	44
probation supervision.	45

(b) As used in division (E)(1)(a) of this section, "basic	46
probation supervision" and "intensive probation supervision" have	47
the same meanings as in section 2929.01 of the Revised Code.	48

(2) Whoever violates section 959.01 of the Revised Code or	49
division (C) of section 959.131 of the Revised Code is guilty of a	50
misdemeanor of the second degree on a first offense and a	51
misdemeanor of the first degree on each subsequent offense.	52

(3)(a) A court may order a person who is convicted of or	53
pleads guilty to a violation of section 959.131 of the Revised	54
Code to forfeit to an impounding agency, as defined in section	55
959.132 of the Revised Code, any or all of the companion animals	56
in that person's ownership or care. The court also may prohibit or	57
place limitations on the person's ability to own or care for any	58
companion animals for a specified or indefinite period of time.	59

(b) A court may order a person who is convicted of or pleads	60
guilty to a violation of section 959.131 of the Revised Code to	61
reimburse an impounding agency for the reasonably necessary costs	62
incurred by the agency for the care of a companion animal that the	63
agency impounded as a result of the investigation or prosecution	64
of the violation, provided that the costs were not otherwise paid	65
under section 959.132 of the Revised Code.	66

(4) If(a) Except as otherwise provided in division (E)(4)(b)	67
of this section, if a court has reason to believe that a person	68
who is convicted of or pleads guilty to a violation of section	69
959.131 of the Revised Code suffers from a mental or emotional	70
disorder that contributed to the violation, the court may impose	71
as a community control sanction or as a condition of probation a	72
requirement that the offender undergo psychological evaluation or	73
counseling. The court shall order the offender to pay the costs of	74
the evaluation or counseling.	75

(b) The court shall require a child under eighteen years of	76
age who is adjudicated a delinquent child under Chapter 2152. of	77
the Revised Code for a violation of division (B) of section	78
959.131 of the Revised Code to undergo psychological evaluation	79
and, if the evaluation determines that it is appropriate, to	80
undergo counseling in accordance with division (F) of section	81
2152.19 of the Revised Code.	82

(F) Whoever violates section 959.14 of the Revised Code is	83
guilty of a misdemeanor of the second degree on a first offense	84
and a misdemeanor of the first degree on each subsequent offense.	85

(G) Whoever violates section 959.05 or 959.20 of the Revised	86
Code is guilty of a misdemeanor of the first degree.	87

(H) Whoever violates section 959.16 of the Revised Code is	88
guilty of a felony of the fourth degree ~~for~~on a first offense and	89
a felony of the third degree on each subsequent offense.	90

Sec. 2152.19. (A) If a child is adjudicated a delinquent	91
child, the court may make any of the following orders of	92
disposition, in addition to any other disposition authorized or	93
required by this chapter:	94

(1) Any order that is authorized by section 2151.353 of the	95
Revised Code for the care and protection of an abused, neglected,	96
or dependent child;	97

(2) Commit the child to the temporary custody of any school,	98
camp, institution, or other facility operated for the care of	99
delinquent children by the county, by a district organized under	100
section ~~2152.41 or~~ 2151.65 or 2152.41 of the Revised Code, or by a	101
private agency or organization, within or without the state, that	102
is authorized and qualified to provide the care, treatment, or	103
placement required, including, but not limited to, a school, camp,	104
or facility operated under section 2151.65 of the Revised Code;	105

(3) Place the child in a detention facility or district	106
detention facility operated under section 2152.41 of the Revised	107
Code, for up to ninety days;	108

(4) Place the child on community control under any sanctions,	109
services, and conditions that the court prescribes. As a condition	110
of community control in every case and in addition to any other	111
condition that it imposes upon the child, the court shall require	112
the child to abide by the law during the period of community	113
control. As referred to in this division, community control	114
includes, but is not limited to, the following sanctions and	115
conditions:	116

(a) A period of basic probation supervision in which the	117
child is required to maintain contact with a person appointed to	118
supervise the child in accordance with sanctions imposed by the	119
court;	120

(b) A period of intensive probation supervision in which the	121
child is required to maintain frequent contact with a person	122
appointed by the court to supervise the child while the child is	123
seeking or maintaining employment and participating in training,	124
education, and treatment programs as the order of disposition;	125

(c) A period of day reporting in which the child is required	126
each day to report to and leave a center or another approved	127
reporting location at specified times in order to participate in	128
work, education or training, treatment, and other approved	129
programs at the center or outside the center;	130

(d) A period of community service of up to five hundred hours	131
for an act that would be a felony or a misdemeanor of the first	132
degree if committed by an adult, up to two hundred hours for an	133
act that would be a misdemeanor of the second, third, or fourth	134
degree if committed by an adult, or up to thirty hours for an act	135
that would be a minor misdemeanor if committed by an adult;	136

(e) A requirement that the child obtain a high school	137
diploma, a certificate of high school equivalence, vocational	138
training, or employment;	139

(f) A period of drug and alcohol use monitoring;

140

(g) A requirement of alcohol or drug assessment or	141
counseling, or a period in an alcohol or drug treatment program	142
with a level of security for the child as determined necessary by	143
the court;	144

(h) A period in which the court orders the child to observe a	145
curfew that may involve daytime or evening hours;	146

(i) A requirement that the child serve monitored time;

147

(j) A period of house arrest without electronic monitoring or	148
continuous alcohol monitoring;	149

(k) A period of electronic monitoring or continuous alcohol	150
monitoring without house arrest, or house arrest with electronic	151
monitoring or continuous alcohol monitoring or both electronic	152
monitoring and continuous alcohol monitoring, that does not exceed	153
the maximum sentence of imprisonment that could be imposed upon an	154
adult who commits the same act.	155

A period of house arrest with electronic monitoring or	156
continuous alcohol monitoring or both electronic monitoring and	157
continuous alcohol monitoring, imposed under this division shall	158
not extend beyond the child's twenty-first birthday. If a court	159
imposes a period of house arrest with electronic monitoring or	160
continuous alcohol monitoring or both electronic monitoring and	161
continuous alcohol monitoring, upon a child under this division,	162
it shall require the child: to remain in the child's home or other	163
specified premises for the entire period of house arrest with	164
electronic monitoring or continuous alcohol monitoring or both	165
except when the court permits the child to leave those premises to	166
go to school or to other specified premises. Regarding electronic	167
monitoring, the court also shall require the child to be monitored	168
by a central system that can determine the child's location at	169
designated times; to report periodically to a person designated by	170
the court; and to enter into a written contract with the court	171
agreeing to comply with all requirements imposed by the court,	172
agreeing to pay any fee imposed by the court for the costs of the	173
house arrest with electronic monitoring, and agreeing to waive the	174
right to receive credit for any time served on house arrest with	175
electronic monitoring toward the period of any other dispositional	176
order imposed upon the child if the child violates any of the	177
requirements of the dispositional order of house arrest with	178
electronic monitoring. The court also may impose other reasonable	179
requirements upon the child.	180

Unless ordered by the court, a child shall not receive credit	181
for any time served on house arrest with electronic monitoring or	182
continuous alcohol monitoring or both toward any other	183
dispositional order imposed upon the child for the act for which	184
was imposed the dispositional order of house arrest with	185
electronic monitoring or continuous alcohol monitoring. As used in	186
this division and division (A)(4)~~(l)~~(j) of this section,	187
"continuous alcohol monitoring" has the same meaning as in section	188
2929.01 of the Revised Code.	189

(l) A suspension of the driver's license, probationary	190
driver's license, or temporary instruction permit issued to the	191
child for a period of time prescribed by the court, or a	192
suspension of the registration of all motor vehicles registered in	193
the name of the child for a period of time prescribed by the	194
court. A child whose license or permit is so suspended is	195
ineligible for issuance of a license or permit during the period	196
of suspension. At the end of the period of suspension, the child	197
shall not be reissued a license or permit until the child has paid	198
any applicable reinstatement fee and complied with all	199
requirements governing license reinstatement.	200

(5) Commit the child to the custody of the court;

201

(6) Require the child to not be absent without legitimate	202
excuse from the public school the child is supposed to attend for	203
five or more consecutive days, seven or more school days in one	204
school month, or twelve or more school days in a school year;	205

(7)(a) If a child is adjudicated a delinquent child for being	206
a chronic truant or a habitual truant who previously has been	207
adjudicated an unruly child for being a habitual truant, do either	208
or both of the following:	209

(i) Require the child to participate in a truancy prevention	210
mediation program;	211

(ii) Make any order of disposition as authorized by this	212
section, except that the court shall not commit the child to a	213
facility described in division (A)(2) or (3) of this section	214
unless the court determines that the child violated a lawful court	215
order made pursuant to division (C)(1)(e) of section 2151.354 of	216
the Revised Code or division (A)(6) of this section.	217

(b) If a child is adjudicated a delinquent child for being a	218
chronic truant or a habitual truant who previously has been	219
adjudicated an unruly child for being a habitual truant and the	220
court determines that the parent, guardian, or other person having	221
care of the child has failed to cause the child's attendance at	222
school in violation of section 3321.38 of the Revised Code, do	223
either or both of the following:	224

(i) Require the parent, guardian, or other person having care	225
of the child to participate in a truancy prevention mediation	226
program;	227

(ii) Require the parent, guardian, or other person having	228
care of the child to participate in any community service program,	229
preferably a community service program that requires the	230
involvement of the parent, guardian, or other person having care	231
of the child in the school attended by the child.	232

(8) Make any further disposition that the court finds proper,	233
except that the child shall not be placed in any of the following:	234

(a) A state correctional institution, a county, multicounty,	235
or municipal jail or workhouse, or another place in which an adult	236
convicted of a crime, under arrest, or charged with a crime is	237
held;	238

(b) A community corrections facility, if the child would be	239
covered by the definition of public safety beds for purposes of	240
sections 5139.41 to 5139.43 of the Revised Code if the court	241
exercised its authority to commit the child to the legal custody	242
of the department of youth services for institutionalization or	243
institutionalization in a secure facility pursuant to this	244
chapter.	245

(B) If a child is adjudicated a delinquent child, in addition	246
to any order of disposition made under division (A) of this	247
section, the court, in the following situations and for the	248
specified periods of time, shall suspend the child's temporary	249
instruction permit, restricted license, probationary driver's	250
license, or nonresident operating privilege, or suspend the	251
child's ability to obtain such a permit:	252

(1) If the child is adjudicated a delinquent child for	253
violating section 2923.122 of the Revised Code, impose a class	254
four suspension of the child's license, permit, or privilege from	255
the range specified in division (A)(4) of section 4510.02 of the	256
Revised Code or deny the child the issuance of a license or permit	257
in accordance with division (F)(1) of section 2923.122 of the	258
Revised Code.	259

(2) If the child is adjudicated a delinquent child for	260
committing an act that if committed by an adult would be a drug	261
abuse offense or for violating division (B) of section 2917.11 of	262
the Revised Code, suspend the child's license, permit, or	263
privilege for a period of time prescribed by the court. The court,	264
in its discretion, may terminate the suspension if the child	265
attends and satisfactorily completes a drug abuse or alcohol abuse	266
education, intervention, or treatment program specified by the	267
court. During the time the child is attending a program described	268
in this division, the court shall retain the child's temporary	269
instruction permit, probationary driver's license, or driver's	270
license, and the court shall return the permit or license if it	271
terminates the suspension as described in this division.	272

(C) The court may establish a victim-offender mediation	273
program in which victims and their offenders meet to discuss the	274
offense and suggest possible restitution. If the court obtains the	275
assent of the victim of the delinquent act committed by the child,	276
the court may require the child to participate in the program.	277

(D)(1) If a child is adjudicated a delinquent child for	278
committing an act that would be a felony if committed by an adult	279
and if the child caused, attempted to cause, threatened to cause,	280
or created a risk of physical harm to the victim of the act, the	281
court, prior to issuing an order of disposition under this	282
section, shall order the preparation of a victim impact statement	283
by the probation department of the county in which the victim of	284
the act resides, by the court's own probation department, or by a	285
victim assistance program that is operated by the state, a county,	286
a municipal corporation, or another governmental entity. The court	287
shall consider the victim impact statement in determining the	288
order of disposition to issue for the child.	289

(2) Each victim impact statement shall identify the victim of	290
the act for which the child was adjudicated a delinquent child,	291
itemize any economic loss suffered by the victim as a result of	292
the act, identify any physical injury suffered by the victim as a	293
result of the act and the seriousness and permanence of the	294
injury, identify any change in the victim's personal welfare or	295
familial relationships as a result of the act and any	296
psychological impact experienced by the victim or the victim's	297
family as a result of the act, and contain any other information	298
related to the impact of the act upon the victim that the court	299
requires.	300

(3) A victim impact statement shall be kept confidential and	301
is not a public record. However, the court may furnish copies of	302
the statement to the department of youth services if the	303
delinquent child is committed to the department or to both the	304
adjudicated delinquent child or the adjudicated delinquent child's	305
counsel and the prosecuting attorney. The copy of a victim impact	306
statement furnished by the court to the department pursuant to	307
this section shall be kept confidential and is not a public	308
record. If an officer is preparing pursuant to section 2947.06 or	309
2951.03 of the Revised Code or Criminal Rule 32.2 a presentence	310
investigation report pertaining to a person, the court shall make	311
available to the officer, for use in preparing the report, a copy	312
of any victim impact statement regarding that person. The copies	313
of a victim impact statement that are made available to the	314
adjudicated delinquent child or the adjudicated delinquent child's	315
counsel and the prosecuting attorney pursuant to this division	316
shall be returned to the court by the person to whom they were	317
made available immediately following the imposition of an order of	318
disposition for the child under this chapter.	319

The copy of a victim impact statement that is made available	320
pursuant to this division to an officer preparing a criminal	321
presentence investigation report shall be returned to the court by	322
the officer immediately following its use in preparing the report.	323

(4) The department of youth services shall work with local	324
probation departments and victim assistance programs to develop a	325
standard victim impact statement.	326

(E) If a child is adjudicated a delinquent child for being a	327
chronic truant or a habitual truant who previously has been	328
adjudicated an unruly child for being a habitual truant and the	329
court determines that the parent, guardian, or other person having	330
care of the child has failed to cause the child's attendance at	331
school in violation of section 3321.38 of the Revised Code, in	332
addition to any order of disposition it makes under this section,	333
the court shall warn the parent, guardian, or other person having	334
care of the child that any subsequent adjudication of the child as	335
an unruly or delinquent child for being a habitual or chronic	336
truant may result in a criminal charge against the parent,	337
guardian, or other person having care of the child for a violation	338
of division (C) of section 2919.21 or section 2919.24 of the	339
Revised Code.	340

(F) If a child under eighteen years of age is adjudicated a	341
delinquent child for a violation of division (B) of section	342
959.131 of the Revised Code, the court, in addition to any other	343
disposition that it makes under this section, shall require the	344
child to undergo a psychological evaluation. The evaluation shall	345
determine if the child needs individual or family counseling and	346
shall make a recommendation as to the frequency and the length of	347
time that the counseling should occur. If individual or family	348
counseling is recommended by the evaluation, the court shall	349
require the counseling to take place and shall establish the	350
frequency and the length of time of the counseling. The court may	351
order the parent, guardian, or other person having care of the	352
child to pay the costs of the evaluation, any counseling, or both.	353

(G)(1) During the period of a delinquent child's community	354
control granted under this section, authorized probation officers	355
who are engaged within the scope of their supervisory duties or	356
responsibilities may search, with or without a warrant, the person	357
of the delinquent child, the place of residence of the delinquent	358
child, and a motor vehicle, another item of tangible or intangible	359
personal property, or other real property in which the delinquent	360
child has a right, title, or interest or for which the delinquent	361
child has the express or implied permission of a person with a	362
right, title, or interest to use, occupy, or possess if the	363
probation officers have reasonable grounds to believe that the	364
delinquent child is not abiding by the law or otherwise is not	365
complying with the conditions of the delinquent child's community	366
control. The court that places a delinquent child on community	367
control under this section shall provide the delinquent child with	368
a written notice that informs the delinquent child that authorized	369
probation officers who are engaged within the scope of their	370
supervisory duties or responsibilities may conduct those types of	371
searches during the period of community control if they have	372
reasonable grounds to believe that the delinquent child is not	373
abiding by the law or otherwise is not complying with the	374
conditions of the delinquent child's community control. The court	375
also shall provide the written notice described in division	376
~~(E)~~(G)(2) of this section to each parent, guardian, or custodian	377
of the delinquent child who is described in that division.	378

(2) The court that places a child on community control under	379
this section shall provide the child's parent, guardian, or other	380
custodian with a written notice that informs them that authorized	381
probation officers may conduct searches pursuant to division	382
(E)(1) of this section. The notice shall specifically state that a	383
permissible search might extend to a motor vehicle, another item	384
of tangible or intangible personal property, or a place of	385
residence or other real property in which a notified parent,	386
guardian, or custodian has a right, title, or interest and that	387
the parent, guardian, or custodian expressly or impliedly permits	388
the child to use, occupy, or possess.	389

~~(G)~~(H) If a juvenile court commits a delinquent child to the	390
custody of any person, organization, or entity pursuant to this	391
section and if the delinquent act for which the child is so	392
committed is a sexually oriented offense or is a child-victim	393
oriented offense, the court in the order of disposition shall do	394
one of the following:	395

(1) Require that the child be provided treatment as described	396
in division (A)(2) of section 5139.13 of the Revised Code;	397

(2) Inform the person, organization, or entity that it is the	398
preferred course of action in this state that the child be	399
provided treatment as described in division (A)(2) of section	400
5139.13 of the Revised Code and encourage the person,	401
organization, or entity to provide that treatment.	402

Sec. 2903.213. (A) Except when the complaint involves a	403
person who is a family or household member as defined in section	404
2919.25 of the Revised Code, upon the filing of a complaint that	405
alleges a violation of section 2903.11, 2903.12, 2903.13, 2903.21,	406
2903.211, 2903.22, or 2911.211 of the Revised Code, a violation of	407
a municipal ordinance substantially similar to section 2903.13,	408
2903.21, 2903.211, 2903.22, or 2911.211 of the Revised Code, or	409
the commission of a sexually oriented offense, the complainant,	410
the alleged victim, or a family or household member of an alleged	411
victim may file a motion that requests the issuance of a	412
protection order as a pretrial condition of release of the alleged	413
offender, in addition to any bail set under Criminal Rule 46. The	414
motion shall be filed with the clerk of the court that has	415
jurisdiction of the case at any time after the filing of the	416
complaint. If the complaint involves a person who is a family or	417
household member, the complainant, the alleged victim, or the	418
family or household member may file a motion for a temporary	419
protection order pursuant to section 2919.26 of the Revised Code.	420

(B) A motion for a protection order under this section shall	421
be prepared on a form that is provided by the clerk of the court,	422
and the form shall be substantially as follows:	423

"Motion for Protection Order	424

............................	425

Name and address of court	426

State of Ohio	427

No. ..........

428

.............................	429

Name of Defendant	430

(Name of person), moves the court to issue a protection order	431
containing terms designed to ensure the safety and protection of	432
the complainant or the alleged victim in the above-captioned case,	433
in relation to the named defendant, pursuant to its authority to	434
issue a protection order under section 2903.213 of the Revised	435
Code.	436

A complaint, a copy of which has been attached to this	437
motion, has been filed in this court charging the named defendant	438
with a violation of section 2903.11, 2903.12, 2903.13, 2903.21,	439
2903.211, 2903.22, or 2911.211 of the Revised Code, a violation of	440
a municipal ordinance substantially similar to section 2903.13,	441
2903.21, 2903.211, 2903.22, or 2911.211 of the Revised Code, or	442
the commission of a sexually oriented offense.	443

I understand that I must appear before the court, at a time	444
set by the court not later than the next day that the court is in	445
session after the filing of this motion, for a hearing on the	446
motion, and that any protection order granted pursuant to this	447
motion is a pretrial condition of release and is effective only	448
until the disposition of the criminal proceeding arising out of	449
the attached complaint or until the issuance under section	450
2903.214 of the Revised Code of a protection order arising out of	451
the same activities as those that were the basis of the attached	452
complaint.	453

.....................................	454

Signature of person	455

.....................................	456

Address of person"	457

(C)(1) As soon as possible after the filing of a motion that	458
requests the issuance of a protection order under this section,	459
but not later than the next day that the court is in session after	460
the filing of the motion, the court shall conduct a hearing to	461
determine whether to issue the order. The person who requested the	462
order shall appear before the court and provide the court with the	463
information that it requests concerning the basis of the motion.	464
If the court finds that the safety and protection of the	465
complainant or the alleged victim may be impaired by the continued	466
presence of the alleged offender, the court may issue a protection	467
order under this section, as a pretrial condition of release, that	468
contains terms designed to ensure the safety and protection of the	469
complainant or the alleged victim, including a requirement that	470
the alleged offender refrain from entering the residence, school,	471
business, or place of employment of the complainant or the alleged	472
victim. The court may include within the scope of a protection	473
order issued under this section any companion animal that is in	474
the complainant's or alleged victim's residence and may issue	475
additional orders as it considers appropriate for the protection	476
of the companion animal, including any listed in division (D)(1)	477
of this section.	478

(2)(a) If the court issues a protection order under this	479
section that includes a requirement that the alleged offender	480
refrain from entering the residence, school, business, or place of	481
employment of the complainant or the alleged victim, the order	482
shall clearly state that the order cannot be waived or nullified	483
by an invitation to the alleged offender from the complainant, the	484
alleged victim, or a family or household member to enter the	485
residence, school, business, or place of employment or by the	486
alleged offender's entry into one of those places otherwise upon	487
the consent of the complainant, the alleged victim, or a family or	488
household member.	489

(b) Division (C)(2)(a) of this section does not limit any	490
discretion of a court to determine that an alleged offender	491
charged with a violation of section 2919.27 of the Revised Code,	492
with a violation of a municipal ordinance substantially equivalent	493
to that section, or with contempt of court, which charge is based	494
on an alleged violation of a protection order issued under this	495
section, did not commit the violation or was not in contempt of	496
court.	497

(D)(1) Except when the complaint involves a person who is a	498
family or household member as defined in section 2919.25 of the	499
Revised Code, upon the filing of a complaint that alleges a	500
violation specified in division (A) of this section, the court,	501
upon its own motion, may issue a protection order under this	502
section as a pretrial condition of release of the alleged offender	503
if it finds that the safety and protection of the complainant or	504
the alleged victim may be impaired by the continued presence of	505
the alleged offender. The court may include within the scope of a	506
protection order issued under this section any companion animal	507
that is in the complainant's or alleged victim's residence and may	508
issue additional orders as it considers appropriate for the	509
protection of the companion animal, including any of the	510
following:	511

(a) An order directing the alleged offender to refrain from	512
abusing, threatening, injuring, concealing, disposing of, or	513
interfering with the care, custody, and control of a companion	514
animal that is in the possession of the complainant or the alleged	515
victim or the alleged offender or that is owned by the complainant	516
or the alleged victim;	517

(b) An order to remove a companion animal from the possession	518
of the alleged offender;	519

(c) An order permitting the complainant or the alleged victim	520
to return to the residence to remove a companion animal from the	521
possession of the alleged offender;	522

(d) An order prohibiting the alleged offender from having any	523
contact with the companion animal;	524

(e) An order directing law enforcement to assist in the safe	525
removal of a companion animal from the possession of the alleged	526
offender.	527

(2) If the court issues a protection order under this section	528
as an ex parte order, it shall conduct, as soon as possible after	529
the issuance of the order but not later than the next day that the	530
court is in session after its issuance, a hearing to determine	531
whether the order should remain in effect, be modified, or be	532
revoked. The hearing shall be conducted under the standards set	533
forth in division (C) of this section.	534

(3) If a municipal court or a county court issues a	535
protection order under this section and if, subsequent to the	536
issuance of the order, the alleged offender who is the subject of	537
the order is bound over to the court of common pleas for	538
prosecution of a felony arising out of the same activities as	539
those that were the basis of the complaint upon which the order is	540
based, notwithstanding the fact that the order was issued by a	541
municipal court or county court, the order shall remain in effect,	542
as though it were an order of the court of common pleas, while the	543
charges against the alleged offender are pending in the court of	544
common pleas, for the period of time described in division (E)(2)	545
of this section, and the court of common pleas has exclusive	546
jurisdiction to modify the order issued by the municipal court or	547
county court. This division applies when the alleged offender is	548
bound over to the court of common pleas as a result of the person	549
waiving a preliminary hearing on the felony charge, as a result of	550
the municipal court or county court having determined at a	551
preliminary hearing that there is probable cause to believe that	552
the felony has been committed and that the alleged offender	553
committed it, as a result of the alleged offender having been	554
indicted for the felony, or in any other manner.	555

(E) A protection order that is issued as a pretrial condition	556
of release under this section:	557

(1) Is in addition to, but shall not be construed as a part	558
of, any bail set under Criminal Rule 46;	559

(2) Is effective only until the disposition, by the court	560
that issued the order or, in the circumstances described in	561
division (D)(3) of this section, by the court of common pleas to	562
which the alleged offender is bound over for prosecution, of the	563
criminal proceeding arising out of the complaint upon which the	564
order is based or until the issuance under section 2903.214 of the	565
Revised Code of a protection order arising out of the same	566
activities as those that were the basis of the complaint filed	567
under this section;	568

(3) Shall not be construed as a finding that the alleged	569
offender committed the alleged offense and shall not be introduced	570
as evidence of the commission of the offense at the trial of the	571
alleged offender on the complaint upon which the order is based.	572

(F) A person who meets the criteria for bail under Criminal	573
Rule 46 and who, if required to do so pursuant to that rule,	574
executes or posts bond or deposits cash or securities as bail,	575
shall not be held in custody pending a hearing before the court on	576
a motion requesting a protection order under this section.	577

(G)(1) A copy of a protection order that is issued under this	578
section shall be issued by the court to the complainant, to the	579
alleged victim, to the person who requested the order, to the	580
defendant, and to all law enforcement agencies that have	581
jurisdiction to enforce the order. The court shall direct that a	582
copy of the order be delivered to the defendant on the same day	583
that the order is entered. If a municipal court or a county court	584
issues a protection order under this section and if, subsequent to	585
the issuance of the order, the defendant who is the subject of the	586
order is bound over to the court of common pleas for prosecution	587
as described in division (D)(3) of this section, the municipal	588
court or county court shall direct that a copy of the order be	589
delivered to the court of common pleas to which the defendant is	590
bound over.	591

(2) All law enforcement agencies shall establish and maintain	592
an index for the protection orders delivered to the agencies	593
pursuant to division (G)(1) of this section. With respect to each	594
order delivered, each agency shall note on the index the date and	595
time of the agency's receipt of the order.	596

(3) Regardless of whether the petitioner has registered the	597
protection order in the county in which the officer's agency has	598
jurisdiction, any officer of a law enforcement agency shall	599
enforce a protection order issued pursuant to this section in	600
accordance with the provisions of the order.	601

(H) Upon a violation of a protection order issued pursuant to	602
this section, the court may issue another protection order under	603
this section, as a pretrial condition of release, that modifies	604
the terms of the order that was violated.	605

(I) Notwithstanding any provision of law to the contrary and	606
regardless of whether a protection order is issued or a consent	607
agreement is approved by a court of another county or by a court	608
of another state, no court or unit of state or local government	609
shall charge any fee, cost, deposit, or money in connection with	610
the filing of a motion pursuant to this section, in connection	611
with the filing, issuance, registration, or service of a	612
protection order or consent agreement, or for obtaining certified	613
copies of a protection order or consent agreement.	614

(J) As used in this section~~, "sexually~~:

615

(1) "Sexually oriented offense" has the same meaning as in	616
section 2950.01 of the Revised Code.	617

(2) "Companion animal" has the same meaning as in section	618
959.131 of the Revised Code.	619

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

620

(1) "Court" means the court of common pleas of the county in	621
which the person to be protected by the protection order resides.	622

(2) "Victim advocate" means a person who provides support and	623
assistance for a person who files a petition under this section.	624

(3) "Family or household member" has the same meaning as in	625
section 3113.31 of the Revised Code.	626

(4) "Protection order issued by a court of another state" has	627
the same meaning as in section 2919.27 of the Revised Code.	628

(5) "Sexually oriented offense" has the same meaning as in	629
section 2950.01 of the Revised Code.	630

(6) "Electronic monitoring" has the same meaning as in	631
section 2929.01 of the Revised Code.	632

(7) "Companion animal" has the same meaning as in section	633
959.131 of the Revised Code.	634

(B) The court has jurisdiction over all proceedings under	635
this section.	636

(C) A person may seek relief under this section for the	637
person, or any parent or adult household member may seek relief	638
under this section on behalf of any other family or household	639
member, by filing a petition with the court. The petition shall	640
contain or state all of the following:	641

(1) An allegation that the respondent is eighteen years of	642
age or older and engaged in a violation of section 2903.211 of the	643
Revised Code against the person to be protected by the protection	644
order or committed a sexually oriented offense against the person	645
to be protected by the protection order, including a description	646
of the nature and extent of the violation;	647

(2) If the petitioner seeks relief in the form of electronic	648
monitoring of the respondent, an allegation that at any time	649
preceding the filing of the petition the respondent engaged in	650
conduct that would cause a reasonable person to believe that the	651
health, welfare, or safety of the person to be protected was at	652
risk, a description of the nature and extent of that conduct, and	653
an allegation that the respondent presents a continuing danger to	654
the person to be protected;	655

(3) A request for relief under this section.

656

(D)(1) If a person who files a petition pursuant to this	657
section requests an ex parte order, the court shall hold an ex	658
parte hearing as soon as possible after the petition is filed, but	659
not later than the next day that the court is in session after the	660
petition is filed. The court, for good cause shown at the ex parte	661
hearing, may enter any temporary orders, with or without bond,	662
that the court finds necessary for the safety and protection of	663
the person to be protected by the order. Immediate and present	664
danger to the person to be protected by the protection order	665
constitutes good cause for purposes of this section. Immediate and	666
present danger includes, but is not limited to, situations in	667
which the respondent has threatened the person to be protected by	668
the protection order with bodily harm or in which the respondent	669
previously has been convicted of or pleaded guilty to a violation	670
of section 2903.211 of the Revised Code or a sexually oriented	671
offense against the person to be protected by the protection	672
order.	673

(2)(a) If the court, after an ex parte hearing, issues a	674
protection order described in division (E) of this section, the	675
court shall schedule a full hearing for a date that is within ten	676
court days after the ex parte hearing. The court shall give the	677
respondent notice of, and an opportunity to be heard at, the full	678
hearing. The court shall hold the full hearing on the date	679
scheduled under this division unless the court grants a	680
continuance of the hearing in accordance with this division. Under	681
any of the following circumstances or for any of the following	682
reasons, the court may grant a continuance of the full hearing to	683
a reasonable time determined by the court:	684

(i) Prior to the date scheduled for the full hearing under	685
this division, the respondent has not been served with the	686
petition filed pursuant to this section and notice of the full	687
hearing.	688

(ii) The parties consent to the continuance.

689

(iii) The continuance is needed to allow a party to obtain	690
counsel.	691

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

692

(b) An ex parte order issued under this section does not	693
expire because of a failure to serve notice of the full hearing	694
upon the respondent before the date set for the full hearing under	695
division (D)(2)(a) of this section or because the court grants a	696
continuance under that division.	697

(3) If a person who files a petition pursuant to this section	698
does not request an ex parte order, or if a person requests an ex	699
parte order but the court does not issue an ex parte order after	700
an ex parte hearing, the court shall proceed as in a normal civil	701
action and grant a full hearing on the matter.	702

(E)(1)(a) After an ex parte or full hearing, the court may	703
issue any protection order, with or without bond, that contains	704
terms designed to ensure the safety and protection of the person	705
to be protected by the protection order, including, but not	706
limited to, a requirement that the respondent refrain from	707
entering the residence, school, business, or place of employment	708
of the petitioner or family or household member. If the court	709
includes a requirement that the respondent refrain from entering	710
the residence, school, business, or place of employment of the	711
petitioner or family or household member in the order, it also	712
shall include in the order provisions of the type described in	713
division (E)(5) of this section. The court may include within the	714
scope of a protection order issued under this section any	715
companion animal that is in the residence of the person to be	716
protected and may issue additional orders as it considers	717
appropriate for the protection of the companion animal, including	718
any of the following:	719

(i) An order directing the respondent to refrain from	720
abusing, threatening, injuring, concealing, disposing of, or	721
interfering with the care, custody, and control of a companion	722
animal that is in the possession of the person to be protected or	723
the respondent or that is owned by the person to be protected;	724

(ii) An order to remove a companion animal from the	725
possession of the respondent;	726

(iii) An order permitting the person to be protected to	727
return to the residence to remove a companion animal from the	728
possession of the respondent;	729

(iv) An order prohibiting the respondent from having any	730
contact with the companion animal;	731

(v) An order directing law enforcement to assist in the safe	732
removal of a companion animal from the possession of the	733
respondent.	734

(b) After a full hearing, if the court considering a petition	735
that includes an allegation of the type described in division	736
(C)(2) of this section, or the court upon its own motion, finds	737
upon clear and convincing evidence that the petitioner reasonably	738
believed that the respondent's conduct at any time preceding the	739
filing of the petition endangered the health, welfare, or safety	740
of the person to be protected and that the respondent presents a	741
continuing danger to the person to be protected, the court may	742
order that the respondent be electronically monitored for a period	743
of time and under the terms and conditions that the court	744
determines are appropriate. Electronic monitoring shall be in	745
addition to any other relief granted to the petitioner.	746

(2)(a) Any protection order issued pursuant to this section	747
shall be valid until a date certain but not later than five years	748
from the date of its issuance.	749

(b) Any protection order issued pursuant to this section may	750
be renewed in the same manner as the original order was issued.	751

(3) A court may not issue a protection order that requires a	752
petitioner to do or to refrain from doing an act that the court	753
may require a respondent to do or to refrain from doing under	754
division (E)(1) of this section unless all of the following apply:	755

(a) The respondent files a separate petition for a protection	756
order in accordance with this section.	757

(b) The petitioner is served with notice of the respondent's	758
petition at least forty-eight hours before the court holds a	759
hearing with respect to the respondent's petition, or the	760
petitioner waives the right to receive this notice.	761

(c) If the petitioner has requested an ex parte order	762
pursuant to division (D) of this section, the court does not delay	763
any hearing required by that division beyond the time specified in	764
that division in order to consolidate the hearing with a hearing	765
on the petition filed by the respondent.	766

(d) After a full hearing at which the respondent presents	767
evidence in support of the request for a protection order and the	768
petitioner is afforded an opportunity to defend against that	769
evidence, the court determines that the petitioner has committed a	770
violation of section 2903.211 of the Revised Code against the	771
person to be protected by the protection order issued pursuant to	772
division (E)(3) of this section, has committed a sexually oriented	773
offense against the person to be protected by the protection order	774
issued pursuant to division (E)(3) of this section, or has	775
violated a protection order issued pursuant to section 2903.213 of	776
the Revised Code relative to the person to be protected by the	777
protection order issued pursuant to division (E)(3) of this	778
section.	779

(4) No protection order issued pursuant to this section shall	780
in any manner affect title to any real property.	781

(5)(a) If the court issues a protection order under this	782
section that includes a requirement that the alleged offender	783
refrain from entering the residence, school, business, or place of	784
employment of the petitioner or a family or household member, the	785
order shall clearly state that the order cannot be waived or	786
nullified by an invitation to the alleged offender from the	787
complainant to enter the residence, school, business, or place of	788
employment or by the alleged offender's entry into one of those	789
places otherwise upon the consent of the petitioner or family or	790
household member.	791

(b) Division (E)(5)(a) of this section does not limit any	792
discretion of a court to determine that an alleged offender	793
charged with a violation of section 2919.27 of the Revised Code,	794
with a violation of a municipal ordinance substantially equivalent	795
to that section, or with contempt of court, which charge is based	796
on an alleged violation of a protection order issued under this	797
section, did not commit the violation or was not in contempt of	798
court.	799

(F)(1) The court shall cause the delivery of a copy of any	800
protection order that is issued under this section to the	801
petitioner, to the respondent, and to all law enforcement agencies	802
that have jurisdiction to enforce the order. The court shall	803
direct that a copy of the order be delivered to the respondent on	804
the same day that the order is entered.	805

(2) Upon the issuance of a protection order under this	806
section, the court shall provide the parties to the order with the	807
following notice orally or by form:	808

"NOTICE	809

As a result of this order, it may be unlawful for you to	810
possess or purchase a firearm, including a rifle, pistol, or	811
revolver, or ammunition pursuant to federal law under 18 U.S.C.	812
922(g)(8). If you have any questions whether this law makes it	813
illegal for you to possess or purchase a firearm or ammunition,	814
you should consult an attorney."	815

(3) All law enforcement agencies shall establish and maintain	816
an index for the protection orders delivered to the agencies	817
pursuant to division (F)(1) of this section. With respect to each	818
order delivered, each agency shall note on the index the date and	819
time that it received the order.	820

(4) Regardless of whether the petitioner has registered the	821
protection order in the county in which the officer's agency has	822
jurisdiction pursuant to division (M) of this section, any officer	823
of a law enforcement agency shall enforce a protection order	824
issued pursuant to this section by any court in this state in	825
accordance with the provisions of the order, including removing	826
the respondent from the premises, if appropriate.	827

(G) Any proceeding under this section shall be conducted in	828
accordance with the Rules of Civil Procedure, except that a	829
protection order may be obtained under this section with or	830
without bond. An order issued under this section, other than an ex	831
parte order, that grants a protection order, or that refuses to	832
grant a protection order, is a final, appealable order. The	833
remedies and procedures provided in this section are in addition	834
to, and not in lieu of, any other available civil or criminal	835
remedies.	836

(H) The filing of proceedings under this section does not	837
excuse a person from filing any report or giving any notice	838
required by section 2151.421 of the Revised Code or by any other	839
law.	840

(I) Any law enforcement agency that investigates an alleged	841
violation of section 2903.211 of the Revised Code or an alleged	842
commission of a sexually oriented offense shall provide	843
information to the victim and the family or household members of	844
the victim regarding the relief available under this section and	845
section 2903.213 of the Revised Code.	846

(J) Notwithstanding any provision of law to the contrary and	847
regardless of whether a protection order is issued or a consent	848
agreement is approved by a court of another county or by a court	849
of another state, no court or unit of state or local government	850
shall charge any fee, cost, deposit, or money in connection with	851
the filing of a petition pursuant to this section, in connection	852
with the filing, issuance, registration, or service of a	853
protection order or consent agreement, or for obtaining a	854
certified copy of a protection order or consent agreement.	855

(K)(1) A person who violates a protection order issued under	856
this section is subject to the following sanctions:	857

(a) Criminal prosecution for a violation of section 2919.27	858
of the Revised Code, if the violation of the protection order	859
constitutes a violation of that section;	860

(b) Punishment for contempt of court.

861

(2) The punishment of a person for contempt of court for	862
violation of a protection order issued under this section does not	863
bar criminal prosecution of the person for a violation of section	864
2919.27 of the Revised Code. However, a person punished for	865
contempt of court is entitled to credit for the punishment imposed	866
upon conviction of a violation of that section, and a person	867
convicted of a violation of that section shall not subsequently be	868
punished for contempt of court arising out of the same activity.	869

(L) In all stages of a proceeding under this section, a	870
petitioner may be accompanied by a victim advocate.	871

(M)(1) A petitioner who obtains a protection order under this	872
section or a protection order under section 2903.213 of the	873
Revised Code may provide notice of the issuance or approval of the	874
order to the judicial and law enforcement officials in any county	875
other than the county in which the order is issued by registering	876
that order in the other county pursuant to division (M)(2) of this	877
section and filing a copy of the registered order with a law	878
enforcement agency in the other county in accordance with that	879
division. A person who obtains a protection order issued by a	880
court of another state may provide notice of the issuance of the	881
order to the judicial and law enforcement officials in any county	882
of this state by registering the order in that county pursuant to	883
section 2919.272 of the Revised Code and filing a copy of the	884
registered order with a law enforcement agency in that county.	885

(2) A petitioner may register a protection order issued	886
pursuant to this section or section 2903.213 of the Revised Code	887
in a county other than the county in which the court that issued	888
the order is located in the following manner:	889

(a) The petitioner shall obtain a certified copy of the order	890
from the clerk of the court that issued the order and present that	891
certified copy to the clerk of the court of common pleas or the	892
clerk of a municipal court or county court in the county in which	893
the order is to be registered.	894

(b) Upon accepting the certified copy of the order for	895
registration, the clerk of the court of common pleas, municipal	896
court, or county court shall place an endorsement of registration	897
on the order and give the petitioner a copy of the order that	898
bears that proof of registration.	899

(3) The clerk of each court of common pleas, municipal court,	900
or county court shall maintain a registry of certified copies of	901
protection orders that have been issued by courts in other	902
counties pursuant to this section or section 2903.213 of the	903
Revised Code and that have been registered with the clerk.	904

(N)(1) If the court orders electronic monitoring of the	905
respondent under this section, the court shall direct the	906
sheriff's office or any other appropriate law enforcement agency	907
to install the electronic monitoring device and to monitor the	908
respondent. Unless the court determines that the respondent is	909
indigent, the court shall order the respondent to pay the cost of	910
the installation and monitoring of the electronic monitoring	911
device. If the court determines that the respondent is indigent	912
and subject to the maximum amount allowable to be paid in any year	913
from the fund and the rules promulgated by the attorney general	914
under division (N)(2) of this section, the cost of the	915
installation and monitoring of the electronic monitoring device	916
may be paid out of funds from the reparations fund created	917
pursuant to section 2743.191 of the Revised Code. The total amount	918
of costs for the installation and monitoring of electronic	919
monitoring devices paid pursuant to this division and sections	920
2151.34 and 2919.27 of the Revised Code from the reparations fund	921
shall not exceed three hundred thousand dollars per year.	922

(2) The attorney general may promulgate rules pursuant to	923
section 111.15 of the Revised Code to govern payments made from	924
the reparations fund pursuant to this division and sections	925
2151.34 and 2919.27 of the Revised Code. The rules may include	926
reasonable limits on the total cost paid pursuant to this division	927
and sections 2151.34 and 2919.27 of the Revised Code per	928
respondent, the amount of the three hundred thousand dollars	929
allocated to each county, and how invoices may be submitted by a	930
county, court, or other entity.	931

Sec. 2919.26. (A)(1) Upon the filing of a complaint that	932
alleges a violation of section 2909.06, 2909.07, 2911.12, or	933
2911.211 of the Revised Code if the alleged victim of the	934
violation was a family or household member at the time of the	935
violation, a violation of a municipal ordinance that is	936
substantially similar to any of those sections if the alleged	937
victim of the violation was a family or household member at the	938
time of the violation, any offense of violence if the alleged	939
victim of the offense was a family or household member at the time	940
of the commission of the offense, or any sexually oriented offense	941
if the alleged victim of the offense was a family or household	942
member at the time of the commission of the offense, the	943
complainant, the alleged victim, or a family or household member	944
of an alleged victim may file, or, if in an emergency the alleged	945
victim is unable to file, a person who made an arrest for the	946
alleged violation or offense under section 2935.03 of the Revised	947
Code may file on behalf of the alleged victim, a motion that	948
requests the issuance of a temporary protection order as a	949
pretrial condition of release of the alleged offender, in addition	950
to any bail set under Criminal Rule 46. The motion shall be filed	951
with the clerk of the court that has jurisdiction of the case at	952
any time after the filing of the complaint.	953

(2) For purposes of section 2930.09 of the Revised Code, all	954
stages of a proceeding arising out of a complaint alleging the	955
commission of a violation, offense of violence, or sexually	956
oriented offense described in division (A)(1) of this section,	957
including all proceedings on a motion for a temporary protection	958
order, are critical stages of the case, and a victim may be	959
accompanied by a victim advocate or another person to provide	960
support to the victim as provided in that section.	961

(B) The motion shall be prepared on a form that is provided	962
by the clerk of the court, which form shall be substantially as	963
follows:	964

"MOTION FOR TEMPORARY PROTECTION ORDER	965

.......................... Court	966

Name and address of court	967

State of Ohio	968

No. ..........

969

..........................................	970

Name of Defendant	971

(name of person), moves the court to issue a temporary protection	972
order containing terms designed to ensure the safety and	973
protection of the complainant, alleged victim, and other family or	974
household members, in relation to the named defendant, pursuant to	975
its authority to issue such an order under section 2919.26 of the	976
Revised Code.	977

A complaint, a copy of which has been attached to this	978
motion, has been filed in this court charging the named defendant	979
with .......................... (name of the specified violation,	980
the offense of violence, or sexually oriented offense charged) in	981
circumstances in which the victim was a family or household member	982
in violation of (section of the Revised Code designating the	983
specified violation, offense of violence, or sexually oriented	984
offense charged), or charging the named defendant with a violation	985
of a municipal ordinance that is substantially similar to	986
........................ (section of the Revised Code designating	987
the specified violation, offense of violence, or sexually oriented	988
offense charged) involving a family or household member.	989

I understand that I must appear before the court, at a time	990
set by the court within twenty-four hours after the filing of this	991
motion, for a hearing on the motion or that, if I am unable to	992
appear because of hospitalization or a medical condition resulting	993
from the offense alleged in the complaint, a person who can	994
provide information about my need for a temporary protection order	995
must appear before the court in lieu of my appearing in court. I	996
understand that any temporary protection order granted pursuant to	997
this motion is a pretrial condition of release and is effective	998
only until the disposition of the criminal proceeding arising out	999
of the attached complaint, or the issuance of a civil protection	1000
order or the approval of a consent agreement, arising out of the	1001
same activities as those that were the basis of the complaint,	1002
under section 3113.31 of the Revised Code.	1003

..........................................	1004

Signature of person	1005

(or signature of the arresting officer who filed the motion on	1006
behalf of the alleged victim)	1007

..........................................	1008

Address of person (or office address of the arresting officer who	1009
filed the motion on behalf of the alleged victim)"	1010

(C)(1) As soon as possible after the filing of a motion that	1011
requests the issuance of a temporary protection order, but not	1012
later than twenty-four hours after the filing of the motion, the	1013
court shall conduct a hearing to determine whether to issue the	1014
order. The person who requested the order shall appear before the	1015
court and provide the court with the information that it requests	1016
concerning the basis of the motion. If the person who requested	1017
the order is unable to appear and if the court finds that the	1018
failure to appear is because of the person's hospitalization or	1019
medical condition resulting from the offense alleged in the	1020
complaint, another person who is able to provide the court with	1021
the information it requests may appear in lieu of the person who	1022
requested the order. If the court finds that the safety and	1023
protection of the complainant, alleged victim, or any other family	1024
or household member of the alleged victim may be impaired by the	1025
continued presence of the alleged offender, the court may issue a	1026
temporary protection order, as a pretrial condition of release,	1027
that contains terms designed to ensure the safety and protection	1028
of the complainant, alleged victim, or the family or household	1029
member, including a requirement that the alleged offender refrain	1030
from entering the residence, school, business, or place of	1031
employment of the complainant, alleged victim, or the family or	1032
household member. The court may include within the scope of a	1033
protection order issued under this section any companion animal	1034
that is in the complainant's or alleged victim's residence as	1035
described in division (D)(1) of this section.	1036

(2)(a) If the court issues a temporary protection order that	1037
includes a requirement that the alleged offender refrain from	1038
entering the residence, school, business, or place of employment	1039
of the complainant, the alleged victim, or the family or household	1040
member, the order shall state clearly that the order cannot be	1041
waived or nullified by an invitation to the alleged offender from	1042
the complainant, alleged victim, or family or household member to	1043
enter the residence, school, business, or place of employment or	1044
by the alleged offender's entry into one of those places otherwise	1045
upon the consent of the complainant, alleged victim, or family or	1046
household member.	1047

(b) Division (C)(2)(a) of this section does not limit any	1048
discretion of a court to determine that an alleged offender	1049
charged with a violation of section 2919.27 of the Revised Code,	1050
with a violation of a municipal ordinance substantially equivalent	1051
to that section, or with contempt of court, which charge is based	1052
on an alleged violation of a temporary protection order issued	1053
under this section, did not commit the violation or was not in	1054
contempt of court.	1055

(D)(1) Upon the filing of a complaint that alleges a	1056
violation of section 2909.06, 2909.07, 2911.12, or 2911.211 of the	1057
Revised Code if the alleged victim of the violation was a family	1058
or household member at the time of the violation, a violation of a	1059
municipal ordinance that is substantially similar to any of those	1060
sections if the alleged victim of the violation was a family or	1061
household member at the time of the violation, any offense of	1062
violence if the alleged victim of the offense was a family or	1063
household member at the time of the commission of the offense, or	1064
any sexually oriented offense if the alleged victim of the offense	1065
was a family or household member at the time of the commission of	1066
the offense, the court, upon its own motion, may issue a temporary	1067
protection order as a pretrial condition of release if it finds	1068
that the safety and protection of the complainant, alleged victim,	1069
or other family or household member of the alleged offender may be	1070
impaired by the continued presence of the alleged offender. The	1071
court may include within the scope of a protection order issued	1072
under this section any companion animal that is in the	1073
complainant's or alleged victim's residence and may issue	1074
additional orders as it considers appropriate for the protection	1075
of the companion animal, including any of the following:	1076

(a) An order directing the alleged offender to refrain from	1077
abusing, threatening, injuring, concealing, disposing of, or	1078
interfering with the care, custody, and control of a companion	1079
animal that is in the possession of the complainant or the alleged	1080
victim or the alleged offender or that is owned by the complainant	1081
or the alleged victim;	1082

(b) An order to remove a companion animal from the possession	1083
of the alleged offender;	1084

(c) An order permitting the complainant or the alleged victim	1085
to return to the residence to remove a companion animal from the	1086
possession of the alleged offender;	1087

(d) An order prohibiting the alleged offender from having any	1088
contact with the companion animal;	1089

(e) An order directing law enforcement to assist in the safe	1090
removal of a companion animal from the possession of the alleged	1091
offender.	1092

(2) If the court issues a temporary protection order under	1093
this section as an ex parte order, it shall conduct, as soon as	1094
possible after the issuance of the order, a hearing in the	1095
presence of the alleged offender not later than the next day on	1096
which the court is scheduled to conduct business after the day on	1097
which the alleged offender was arrested or at the time of the	1098
appearance of the alleged offender pursuant to summons to	1099
determine whether the order should remain in effect, be modified,	1100
or be revoked. The hearing shall be conducted under the standards	1101
set forth in division (C) of this section.	1102

(3) An order issued under this section shall contain only	1103
those terms authorized in orders issued under division (C) of this	1104
section.	1105

(4) If a municipal court or a county court issues a temporary	1106
protection order under this section and if, subsequent to the	1107
issuance of the order, the alleged offender who is the subject of	1108
the order is bound over to the court of common pleas for	1109
prosecution of a felony arising out of the same activities as	1110
those that were the basis of the complaint upon which the order is	1111
based, notwithstanding the fact that the order was issued by a	1112
municipal court or county court, the order shall remain in effect,	1113
as though it were an order of the court of common pleas, while the	1114
charges against the alleged offender are pending in the court of	1115
common pleas, for the period of time described in division (E)(2)	1116
of this section, and the court of common pleas has exclusive	1117
jurisdiction to modify the order issued by the municipal court or	1118
county court. This division applies when the alleged offender is	1119
bound over to the court of common pleas as a result of the person	1120
waiving a preliminary hearing on the felony charge, as a result of	1121
the municipal court or county court having determined at a	1122
preliminary hearing that there is probable cause to believe that	1123
the felony has been committed and that the alleged offender	1124
committed it, as a result of the alleged offender having been	1125
indicted for the felony, or in any other manner.	1126

(E) A temporary protection order that is issued as a pretrial	1127
condition of release under this section:	1128

(1) Is in addition to, but shall not be construed as a part	1129
of, any bail set under Criminal Rule 46;	1130

(2) Is effective only until the occurrence of either of the	1131
following:	1132

(a) The disposition, by the court that issued the order or,	1133
in the circumstances described in division (D)(4) of this section,	1134
by the court of common pleas to which the alleged offender is	1135
bound over for prosecution, of the criminal proceeding arising out	1136
of the complaint upon which the order is based;	1137

(b) The issuance of a protection order or the approval of a	1138
consent agreement, arising out of the same activities as those	1139
that were the basis of the complaint upon which the order is	1140
based, under section 3113.31 of the Revised Code;	1141

(3) Shall not be construed as a finding that the alleged	1142
offender committed the alleged offense, and shall not be	1143
introduced as evidence of the commission of the offense at the	1144
trial of the alleged offender on the complaint upon which the	1145
order is based.	1146

(F) A person who meets the criteria for bail under Criminal	1147
Rule 46 and who, if required to do so pursuant to that rule,	1148
executes or posts bond or deposits cash or securities as bail,	1149
shall not be held in custody pending a hearing before the court on	1150
a motion requesting a temporary protection order.	1151

(G)(1) A copy of any temporary protection order that is	1152
issued under this section shall be issued by the court to the	1153
complainant, to the alleged victim, to the person who requested	1154
the order, to the defendant, and to all law enforcement agencies	1155
that have jurisdiction to enforce the order. The court shall	1156
direct that a copy of the order be delivered to the defendant on	1157
the same day that the order is entered. If a municipal court or a	1158
county court issues a temporary protection order under this	1159
section and if, subsequent to the issuance of the order, the	1160
defendant who is the subject of the order is bound over to the	1161
court of common pleas for prosecution as described in division	1162
(D)(4) of this section, the municipal court or county court shall	1163
direct that a copy of the order be delivered to the court of	1164
common pleas to which the defendant is bound over.	1165

(2) Upon the issuance of a protection order under this	1166
section, the court shall provide the parties to the order with the	1167
following notice orally or by form:	1168

"NOTICE	1169

As a result of this protection order, it may be unlawful for	1170
you to possess or purchase a firearm, including a rifle, pistol,	1171
or revolver, or ammunition pursuant to federal law under 18 U.S.C.	1172
922(g)(8). If you have any questions whether this law makes it	1173
illegal for you to possess or purchase a firearm or ammunition,	1174
you should consult an attorney."	1175

(3) All law enforcement agencies shall establish and maintain	1176
an index for the temporary protection orders delivered to the	1177
agencies pursuant to division (G)(1) of this section. With respect	1178
to each order delivered, each agency shall note on the index, the	1179
date and time of the receipt of the order by the agency.	1180

(4) A complainant, alleged victim, or other person who	1181
obtains a temporary protection order under this section may	1182
provide notice of the issuance of the temporary protection order	1183
to the judicial and law enforcement officials in any county other	1184
than the county in which the order is issued by registering that	1185
order in the other county in accordance with division (N) of	1186
section 3113.31 of the Revised Code and filing a copy of the	1187
registered protection order with a law enforcement agency in the	1188
other county in accordance with that division.	1189

(5) Any officer of a law enforcement agency shall enforce a	1190
temporary protection order issued by any court in this state in	1191
accordance with the provisions of the order, including removing	1192
the defendant from the premises, regardless of whether the order	1193
is registered in the county in which the officer's agency has	1194
jurisdiction as authorized by division (G)(4) of this section.	1195

(H) Upon a violation of a temporary protection order, the	1196
court may issue another temporary protection order, as a pretrial	1197
condition of release, that modifies the terms of the order that	1198
was violated.	1199

(I)(1) As used in divisions (I)(1) and (2) of this section,	1200
"defendant" means a person who is alleged in a complaint to have	1201
committed a violation, offense of violence, or sexually oriented	1202
offense of the type described in division (A) of this section.	1203

(2) If a complaint is filed that alleges that a person	1204
committed a violation, offense of violence, or sexually oriented	1205
offense of the type described in division (A) of this section, the	1206
court may not issue a temporary protection order under this	1207
section that requires the complainant, the alleged victim, or	1208
another family or household member of the defendant to do or	1209
refrain from doing an act that the court may require the defendant	1210
to do or refrain from doing under a temporary protection order	1211
unless both of the following apply:	1212

(a) The defendant has filed a separate complaint that alleges	1213
that the complainant, alleged victim, or other family or household	1214
member in question who would be required under the order to do or	1215
refrain from doing the act committed a violation or offense of	1216
violence of the type described in division (A) of this section.	1217

(b) The court determines that both the complainant, alleged	1218
victim, or other family or household member in question who would	1219
be required under the order to do or refrain from doing the act	1220
and the defendant acted primarily as aggressors, that neither the	1221
complainant, alleged victim, or other family or household member	1222
in question who would be required under the order to do or refrain	1223
from doing the act nor the defendant acted primarily in	1224
self-defense, and, in accordance with the standards and criteria	1225
of this section as applied in relation to the separate complaint	1226
filed by the defendant, that it should issue the order to require	1227
the complainant, alleged victim, or other family or household	1228
member in question to do or refrain from doing the act.	1229

(J) Notwithstanding any provision of law to the contrary and	1230
regardless of whether a protection order is issued or a consent	1231
agreement is approved by a court of another county or a court of	1232
another state, no court or unit of state or local government shall	1233
charge any fee, cost, deposit, or money in connection with the	1234
filing of a motion pursuant to this section, in connection with	1235
the filing, issuance, registration, or service of a protection	1236
order or consent agreement, or for obtaining a certified copy of a	1237
protection order or consent agreement.	1238

(K) As used in this section:

1239

(1) "Companion animal" has the same meaning as in section	1240
959.131 of the Revised Code.	1241

(2) "Sexually oriented offense" has the same meaning as in	1242
section 2950.01 of the Revised Code.	1243

~~(2)~~(3) "Victim advocate" means a person who provides support	1244
and assistance for a victim of an offense during court	1245
proceedings.	1246

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

1247

(1) "Domestic violence" means the occurrence of one or more	1248
of the following acts against a family or household member:	1249

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

1250

(b) Placing another person by the threat of force in fear of	1251
imminent serious physical harm or committing a violation of	1252
section 2903.211 or 2911.211 of the Revised Code;	1253

(c) Committing any act with respect to a child that would	1254
result in the child being an abused child, as defined in section	1255
2151.031 of the Revised Code;	1256

(d) Committing a sexually oriented offense.

1257

(2) "Court" means the domestic relations division of the	1258
court of common pleas in counties that have a domestic relations	1259
division and the court of common pleas in counties that do not	1260
have a domestic relations division, or the juvenile division of	1261
the court of common pleas of the county in which the person to be	1262
protected by a protection order issued or a consent agreement	1263
approved under this section resides if the respondent is less than	1264
eighteen years of age.	1265

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

1266

(a) Any of the following who is residing with or has resided	1267
with the respondent:	1268

(i) A spouse, a person living as a spouse, or a former spouse	1269
of the respondent;	1270

(ii) A parent, a foster parent, or a child of the respondent,	1271
or another person related by consanguinity or affinity to the	1272
respondent;	1273

(iii) A parent or a child of a spouse, person living as a	1274
spouse, or former spouse of the respondent, or another person	1275
related by consanguinity or affinity to a spouse, person living as	1276
a spouse, or former spouse of the respondent.	1277

(b) The natural parent of any child of whom the respondent is	1278
the other natural parent or is the putative other natural parent.	1279

(4) "Person living as a spouse" means a person who is living	1280
or has lived with the respondent in a common law marital	1281
relationship, who otherwise is cohabiting with the respondent, or	1282
who otherwise has cohabited with the respondent within five years	1283
prior to the date of the alleged occurrence of the act in	1284
question.	1285

(5) "Victim advocate" means a person who provides support and	1286
assistance for a person who files a petition under this section.	1287

(6) "Sexually oriented offense" has the same meaning as in	1288
section 2950.01 of the Revised Code.	1289

(7) "Companion animal" has the same meaning as in section	1290
959.131 of the Revised Code.	1291

(B) The court has jurisdiction over all proceedings under	1292
this section. The petitioner's right to relief under this section	1293
is not affected by the petitioner's leaving the residence or	1294
household to avoid further domestic violence.	1295

(C) A person may seek relief under this section on the	1296
person's own behalf, or any parent or adult household member may	1297
seek relief under this section on behalf of any other family or	1298
household member, by filing a petition with the court. The	1299
petition shall contain or state:	1300

(1) An allegation that the respondent engaged in domestic	1301
violence against a family or household member of the respondent,	1302
including a description of the nature and extent of the domestic	1303
violence;	1304

(2) The relationship of the respondent to the petitioner, and	1305
to the victim if other than the petitioner;	1306

(3) A request for relief under this section.

1307

(D)(1) If a person who files a petition pursuant to this	1308
section requests an ex parte order, the court shall hold an ex	1309
parte hearing on the same day that the petition is filed. The	1310
court, for good cause shown at the ex parte hearing, may enter any	1311
temporary orders, with or without bond, including, but not limited	1312
to, an order described in division (E)(1)(a), (b), or (c) of this	1313
section, that the court finds necessary to protect the family or	1314
household member from domestic violence. Immediate and present	1315
danger of domestic violence to the family or household member	1316
constitutes good cause for purposes of this section. Immediate and	1317
present danger includes, but is not limited to, situations in	1318
which the respondent has threatened the family or household member	1319
with bodily harm, in which the respondent has threatened the	1320
family or household member with a sexually oriented offense, or in	1321
which the respondent previously has been convicted of, pleaded	1322
guilty to, or been adjudicated a delinquent child for an offense	1323
that constitutes domestic violence against the family or household	1324
member.	1325

(2)(a) If the court, after an ex parte hearing, issues an	1326
order described in division (E)(1)(b) or (c) of this section, the	1327
court shall schedule a full hearing for a date that is within	1328
seven court days after the ex parte hearing. If any other type of	1329
protection order that is authorized under division (E) of this	1330
section is issued by the court after an ex parte hearing, the	1331
court shall schedule a full hearing for a date that is within ten	1332
court days after the ex parte hearing. The court shall give the	1333
respondent notice of, and an opportunity to be heard at, the full	1334
hearing. The court shall hold the full hearing on the date	1335
scheduled under this division unless the court grants a	1336
continuance of the hearing in accordance with this division. Under	1337
any of the following circumstances or for any of the following	1338
reasons, the court may grant a continuance of the full hearing to	1339
a reasonable time determined by the court:	1340

(i) Prior to the date scheduled for the full hearing under	1341
this division, the respondent has not been served with the	1342
petition filed pursuant to this section and notice of the full	1343
hearing.	1344

(ii) The parties consent to the continuance.

1345

(iii) The continuance is needed to allow a party to obtain	1346
counsel.	1347

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

1348

(b) An ex parte order issued under this section does not	1349
expire because of a failure to serve notice of the full hearing	1350
upon the respondent before the date set for the full hearing under	1351
division (D)(2)(a) of this section or because the court grants a	1352
continuance under that division.	1353

(3) If a person who files a petition pursuant to this section	1354
does not request an ex parte order, or if a person requests an ex	1355
parte order but the court does not issue an ex parte order after	1356
an ex parte hearing, the court shall proceed as in a normal civil	1357
action and grant a full hearing on the matter.	1358

(E)(1) After an ex parte or full hearing, the court may grant	1359
any protection order, with or without bond, or approve any consent	1360
agreement to bring about a cessation of domestic violence against	1361
the family or household members. The order or agreement may:	1362

(a) Direct the respondent to refrain from abusing or from	1363
committing sexually oriented offenses against the family or	1364
household members;	1365

(b) Grant possession of the residence or household to the	1366
petitioner or other family or household member, to the exclusion	1367
of the respondent, by evicting the respondent, when the residence	1368
or household is owned or leased solely by the petitioner or other	1369
family or household member, or by ordering the respondent to	1370
vacate the premises, when the residence or household is jointly	1371
owned or leased by the respondent, and the petitioner or other	1372
family or household member;	1373

(c) When the respondent has a duty to support the petitioner	1374
or other family or household member living in the residence or	1375
household and the respondent is the sole owner or lessee of the	1376
residence or household, grant possession of the residence or	1377
household to the petitioner or other family or household member,	1378
to the exclusion of the respondent, by ordering the respondent to	1379
vacate the premises, or, in the case of a consent agreement, allow	1380
the respondent to provide suitable, alternative housing;	1381

(d) Temporarily allocate parental rights and responsibilities	1382
for the care of, or establish temporary parenting time rights with	1383
regard to, minor children, if no other court has determined, or is	1384
determining, the allocation of parental rights and	1385
responsibilities for the minor children or parenting time rights;	1386

(e) Require the respondent to maintain support, if the	1387
respondent customarily provides for or contributes to the support	1388
of the family or household member, or if the respondent has a duty	1389
to support the petitioner or family or household member;	1390

(f) Require the respondent, petitioner, victim of domestic	1391
violence, or any combination of those persons, to seek counseling;	1392

(g) Require the respondent to refrain from entering the	1393
residence, school, business, or place of employment of the	1394
petitioner or family or household member;	1395

(h) Grant other relief that the court considers equitable and	1396
fair, including, but not limited to, ordering the respondent to	1397
permit the use of a motor vehicle by the petitioner or other	1398
family or household member and the apportionment of household and	1399
family personal property.	1400

(2) If a protection order has been issued pursuant to this	1401
section in a prior action involving the respondent and the	1402
petitioner or one or more of the family or household members or	1403
victims, the court may include in a protection order that it	1404
issues a prohibition against the respondent returning to the	1405
residence or household. If it includes a prohibition against the	1406
respondent returning to the residence or household in the order,	1407
it also shall include in the order provisions of the type	1408
described in division (E)(7) of this section. This division does	1409
not preclude the court from including in a protection order or	1410
consent agreement, in circumstances other than those described in	1411
this division, a requirement that the respondent be evicted from	1412
or vacate the residence or household or refrain from entering the	1413
residence, school, business, or place of employment of the	1414
petitioner or a family or household member, and, if the court	1415
includes any requirement of that type in an order or agreement,	1416
the court also shall include in the order provisions of the type	1417
described in division (E)(7) of this section.	1418

(3)(a) Any protection order issued or consent agreement	1419
approved under this section shall be valid until a date certain,	1420
but not later than five years from the date of its issuance or	1421
approval, or not later than the date a respondent who is less than	1422
eighteen years of age attains nineteen years of age, unless	1423
modified or terminated as provided in division (E)(8) of this	1424
section.	1425

(b) Subject to the limitation on the duration of an order or	1426
agreement set forth in division (E)(3)(a) of this section, any	1427
order under division (E)(1)(d) of this section shall terminate on	1428
the date that a court in an action for divorce, dissolution of	1429
marriage, or legal separation brought by the petitioner or	1430
respondent issues an order allocating parental rights and	1431
responsibilities for the care of children or on the date that a	1432
juvenile court in an action brought by the petitioner or	1433
respondent issues an order awarding legal custody of minor	1434
children. Subject to the limitation on the duration of an order or	1435
agreement set forth in division (E)(3)(a) of this section, any	1436
order under division (E)(1)(e) of this section shall terminate on	1437
the date that a court in an action for divorce, dissolution of	1438
marriage, or legal separation brought by the petitioner or	1439
respondent issues a support order or on the date that a juvenile	1440
court in an action brought by the petitioner or respondent issues	1441
a support order.	1442

(c) Any protection order issued or consent agreement approved	1443
pursuant to this section may be renewed in the same manner as the	1444
original order or agreement was issued or approved.	1445

(4) A court may not issue a protection order that requires a	1446
petitioner to do or to refrain from doing an act that the court	1447
may require a respondent to do or to refrain from doing under	1448
division (E)(1)(a), (b), (c), (d), (e), (g), or (h) of this	1449
section unless all of the following apply:	1450

(a) The respondent files a separate petition for a protection	1451
order in accordance with this section.	1452

(b) The petitioner is served notice of the respondent's	1453
petition at least forty-eight hours before the court holds a	1454
hearing with respect to the respondent's petition, or the	1455
petitioner waives the right to receive this notice.	1456

(c) If the petitioner has requested an ex parte order	1457
pursuant to division (D) of this section, the court does not delay	1458
any hearing required by that division beyond the time specified in	1459
that division in order to consolidate the hearing with a hearing	1460
on the petition filed by the respondent.	1461

(d) After a full hearing at which the respondent presents	1462
evidence in support of the request for a protection order and the	1463
petitioner is afforded an opportunity to defend against that	1464
evidence, the court determines that the petitioner has committed	1465
an act of domestic violence or has violated a temporary protection	1466
order issued pursuant to section 2919.26 of the Revised Code, that	1467
both the petitioner and the respondent acted primarily as	1468
aggressors, and that neither the petitioner nor the respondent	1469
acted primarily in self-defense.	1470

(5) No protection order issued or consent agreement approved	1471
under this section shall in any manner affect title to any real	1472
property.	1473

(6)(a) If a petitioner, or the child of a petitioner, who	1474
obtains a protection order or consent agreement pursuant to	1475
division (E)(1) of this section or a temporary protection order	1476
pursuant to section 2919.26 of the Revised Code and is the subject	1477
of a parenting time order issued pursuant to section 3109.051 or	1478
3109.12 of the Revised Code or a visitation or companionship order	1479
issued pursuant to section 3109.051, 3109.11, or 3109.12 of the	1480
Revised Code or division (E)(1)(d) of this section granting	1481
parenting time rights to the respondent, the court may require the	1482
public children services agency of the county in which the court	1483
is located to provide supervision of the respondent's exercise of	1484
parenting time or visitation or companionship rights with respect	1485
to the child for a period not to exceed nine months, if the court	1486
makes the following findings of fact:	1487

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

1488

(ii) No other person or agency is available to provide the	1489
supervision.	1490

(b) A court that requires an agency to provide supervision	1491
pursuant to division (E)(6)(a) of this section shall order the	1492
respondent to reimburse the agency for the cost of providing the	1493
supervision, if it determines that the respondent has sufficient	1494
income or resources to pay that cost.	1495

(7)(a) If a protection order issued or consent agreement	1496
approved under this section includes a requirement that the	1497
respondent be evicted from or vacate the residence or household or	1498
refrain from entering the residence, school, business, or place of	1499
employment of the petitioner or a family or household member, the	1500
order or agreement shall state clearly that the order or agreement	1501
cannot be waived or nullified by an invitation to the respondent	1502
from the petitioner or other family or household member to enter	1503
the residence, school, business, or place of employment or by the	1504
respondent's entry into one of those places otherwise upon the	1505
consent of the petitioner or other family or household member.	1506

(b) Division (E)(7)(a) of this section does not limit any	1507
discretion of a court to determine that a respondent charged with	1508
a violation of section 2919.27 of the Revised Code, with a	1509
violation of a municipal ordinance substantially equivalent to	1510
that section, or with contempt of court, which charge is based on	1511
an alleged violation of a protection order issued or consent	1512
agreement approved under this section, did not commit the	1513
violation or was not in contempt of court.	1514

(8)(a) The court may modify or terminate as provided in	1515
division (E)(8) of this section a protection order or consent	1516
agreement that was issued after a full hearing under this section.	1517
The court that issued the protection order or approved the consent	1518
agreement shall hear a motion for modification or termination of	1519
the protection order or consent agreement pursuant to division	1520
(E)(8) of this section.	1521

(b) Either the petitioner or the respondent of the original	1522
protection order or consent agreement may bring a motion for	1523
modification or termination of a protection order or consent	1524
agreement that was issued or approved after a full hearing. The	1525
court shall require notice of the motion to be made as provided by	1526
the Rules of Civil Procedure. If the petitioner for the original	1527
protection order or consent agreement has requested that the	1528
petitioner's address be kept confidential, the court shall not	1529
disclose the address to the respondent of the original protection	1530
order or consent agreement or any other person, except as	1531
otherwise required by law. The moving party has the burden of	1532
proof to show, by a preponderance of the evidence, that	1533
modification or termination of the protection order or consent	1534
agreement is appropriate because either the protection order or	1535
consent agreement is no longer needed or because the terms of the	1536
original protection order or consent agreement are no longer	1537
appropriate.	1538

(c) In considering whether to modify or terminate a	1539
protection order or consent agreement issued or approved under	1540
this section, the court shall consider all relevant factors,	1541
including, but not limited to, the following:	1542

(i) Whether the petitioner consents to modification or	1543
termination of the protection order or consent agreement;	1544

(ii) Whether the petitioner fears the respondent;

1545

(iii) The current nature of the relationship between the	1546
petitioner and the respondent;	1547

(iv) The circumstances of the petitioner and respondent,	1548
including the relative proximity of the petitioner's and	1549
respondent's workplaces and residences and whether the petitioner	1550
and respondent have minor children together;	1551

(v) Whether the respondent has complied with the terms and	1552
conditions of the original protection order or consent agreement;	1553

(vi) Whether the respondent has a continuing involvement with	1554
illegal drugs or alcohol;	1555

(vii) Whether the respondent has been convicted of, pleaded	1556
guilty to, or been adjudicated a delinquent child for an offense	1557
of violence since the issuance of the protection order or approval	1558
of the consent agreement;	1559

(viii) Whether any other protection orders, consent	1560
agreements, restraining orders, or no contact orders have been	1561
issued against the respondent pursuant to this section, section	1562
2919.26 of the Revised Code, any other provision of state law, or	1563
the law of any other state;	1564

(ix) Whether the respondent has participated in any domestic	1565
violence treatment, intervention program, or other counseling	1566
addressing domestic violence and whether the respondent has	1567
completed the treatment, program, or counseling;	1568

(x) The time that has elapsed since the protection order was	1569
issued or since the consent agreement was approved;	1570

(xi) The age and health of the respondent;

1571

(xii) When the last incident of abuse, threat of harm, or	1572
commission of a sexually oriented offense occurred or other	1573
relevant information concerning the safety and protection of the	1574
petitioner or other protected parties.	1575

(d) If a protection order or consent agreement is modified or	1576
terminated as provided in division (E)(8) of this section, the	1577
court shall issue copies of the modified or terminated order or	1578
agreement as provided in division (F) of this section. A	1579
petitioner may also provide notice of the modification or	1580
termination to the judicial and law enforcement officials in any	1581
county other than the county in which the order or agreement is	1582
modified or terminated as provided in division (N) of this	1583
section.	1584

(e) If the respondent moves for modification or termination	1585
of a protection order or consent agreement pursuant to this	1586
section, the court may assess costs against the respondent for the	1587
filing of the motion.	1588

(9) Any protection order issued or any consent agreement	1589
approved pursuant to this section shall include a provision that	1590
the court will automatically seal all of the records of the	1591
proceeding in which the order is issued or agreement approved on	1592
the date the respondent attains the age of nineteen years unless	1593
the petitioner provides the court with evidence that the	1594
respondent has not complied with all of the terms of the	1595
protection order or consent agreement. The protection order or	1596
consent agreement shall specify the date when the respondent	1597
attains the age of nineteen years.	1598

(10) The court may include in a protection order issued or	1599
consent agreement approved under this section any companion animal	1600
that is in the petitioner's residence and may issue additional	1601
orders as it considers appropriate for the protection of the	1602
companion animal, including any of the following:	1603

(a) An order directing the respondent to refrain from	1604
abusing, threatening, injuring, concealing, disposing of, or	1605
interfering with the care, custody, and control of a companion	1606
animal that is in the possession of the petitioner or the	1607
respondent or that is owned by the petitioner;	1608

(b) An order to remove a companion animal from the possession	1609
of the respondent;	1610

(c) An order permitting the petitioner to return to the	1611
residence to remove a companion animal from the possession of the	1612
respondent;	1613

(d) An order prohibiting the respondent from having any	1614
contact with the companion animal;	1615

(e) An order directing law enforcement to assist in the safe	1616
removal of a companion animal from the possession of the	1617
respondent.	1618

(F)(1) A copy of any protection order, or consent agreement,	1619
that is issued, approved, modified, or terminated under this	1620
section shall be issued by the court to the petitioner, to the	1621
respondent, and to all law enforcement agencies that have	1622
jurisdiction to enforce the order or agreement. The court shall	1623
direct that a copy of an order be delivered to the respondent on	1624
the same day that the order is entered.	1625

(2) Upon the issuance of a protection order or the approval	1626
of a consent agreement under this section, the court shall provide	1627
the parties to the order or agreement with the following notice	1628
orally or by form:	1629

"NOTICE	1630

As a result of this order or consent agreement, it may be	1631
unlawful for you to possess or purchase a firearm, including a	1632
rifle, pistol, or revolver, or ammunition pursuant to federal law	1633
under 18 U.S.C. 922(g)(8). If you have any questions whether this	1634
law makes it illegal for you to possess or purchase a firearm or	1635
ammunition, you should consult an attorney."	1636

(3) All law enforcement agencies shall establish and maintain	1637
an index for the protection orders and the approved consent	1638
agreements delivered to the agencies pursuant to division (F)(1)	1639
of this section. With respect to each order and consent agreement	1640
delivered, each agency shall note on the index the date and time	1641
that it received the order or consent agreement.	1642

(4) Regardless of whether the petitioner has registered the	1643
order or agreement in the county in which the officer's agency has	1644
jurisdiction pursuant to division (N) of this section, any officer	1645
of a law enforcement agency shall enforce a protection order	1646
issued or consent agreement approved by any court in this state in	1647
accordance with the provisions of the order or agreement,	1648
including removing the respondent from the premises, if	1649
appropriate.	1650

(G) Any proceeding under this section shall be conducted in	1651
accordance with the Rules of Civil Procedure, except that an order	1652
under this section may be obtained with or without bond. An order	1653
issued under this section, other than an ex parte order, that	1654
grants a protection order or approves a consent agreement, that	1655
refuses to grant a protection order or approve a consent agreement	1656
that modifies or terminates a protection order or consent	1657
agreement, or that refuses to modify or terminate a protection	1658
order or consent agreement, is a final, appealable order. The	1659
remedies and procedures provided in this section are in addition	1660
to, and not in lieu of, any other available civil or criminal	1661
remedies.	1662

(H) The filing of proceedings under this section does not	1663
excuse a person from filing any report or giving any notice	1664
required by section 2151.421 of the Revised Code or by any other	1665
law. When a petition under this section alleges domestic violence	1666
against minor children, the court shall report the fact, or cause	1667
reports to be made, to a county, township, or municipal peace	1668
officer under section 2151.421 of the Revised Code.	1669

(I) Any law enforcement agency that investigates a domestic	1670
dispute shall provide information to the family or household	1671
members involved regarding the relief available under this section	1672
and section 2919.26 of the Revised Code.	1673

(J) Notwithstanding any provision of law to the contrary and	1674
regardless of whether a protection order is issued or a consent	1675
agreement is approved by a court of another county or a court of	1676
another state, no court or unit of state or local government shall	1677
charge any fee, cost, deposit, or money in connection with the	1678
filing of a petition pursuant to this section or in connection	1679
with the filing, issuance, registration, or service of a	1680
protection order or consent agreement, or for obtaining a	1681
certified copy of a protection order or consent agreement.	1682

(K)(1) The court shall comply with Chapters 3119., 3121.,	1683
3123., and 3125. of the Revised Code when it makes or modifies an	1684
order for child support under this section.	1685

(2) If any person required to pay child support under an	1686
order made under this section on or after April 15, 1985, or	1687
modified under this section on or after December 31, 1986, is	1688
found in contempt of court for failure to make support payments	1689
under the order, the court that makes the finding, in addition to	1690
any other penalty or remedy imposed, shall assess all court costs	1691
arising out of the contempt proceeding against the person and	1692
require the person to pay any reasonable attorney's fees of any	1693
adverse party, as determined by the court, that arose in relation	1694
to the act of contempt.	1695

(L)(1) A person who violates a protection order issued or a	1696
consent agreement approved under this section is subject to the	1697
following sanctions:	1698

(a) Criminal prosecution or a delinquent child proceeding for	1699
a violation of section 2919.27 of the Revised Code, if the	1700
violation of the protection order or consent agreement constitutes	1701
a violation of that section;	1702

(b) Punishment for contempt of court.

1703

(2) The punishment of a person for contempt of court for	1704
violation of a protection order issued or a consent agreement	1705
approved under this section does not bar criminal prosecution of	1706
the person or a delinquent child proceeding concerning the person	1707
for a violation of section 2919.27 of the Revised Code. However, a	1708
person punished for contempt of court is entitled to credit for	1709
the punishment imposed upon conviction of or adjudication as a	1710
delinquent child for a violation of that section, and a person	1711
convicted of or adjudicated a delinquent child for a violation of	1712
that section shall not subsequently be punished for contempt of	1713
court arising out of the same activity.	1714

(M) In all stages of a proceeding under this section, a	1715
petitioner may be accompanied by a victim advocate.	1716

(N)(1) A petitioner who obtains a protection order or consent	1717
agreement under this section or a temporary protection order under	1718
section 2919.26 of the Revised Code may provide notice of the	1719
issuance or approval of the order or agreement to the judicial and	1720
law enforcement officials in any county other than the county in	1721
which the order is issued or the agreement is approved by	1722
registering that order or agreement in the other county pursuant	1723
to division (N)(2) of this section and filing a copy of the	1724
registered order or registered agreement with a law enforcement	1725
agency in the other county in accordance with that division. A	1726
person who obtains a protection order issued by a court of another	1727
state may provide notice of the issuance of the order to the	1728
judicial and law enforcement officials in any county of this state	1729
by registering the order in that county pursuant to section	1730
2919.272 of the Revised Code and filing a copy of the registered	1731
order with a law enforcement agency in that county.	1732

(2) A petitioner may register a temporary protection order,	1733
protection order, or consent agreement in a county other than the	1734
county in which the court that issued the order or approved the	1735
agreement is located in the following manner:	1736

(a) The petitioner shall obtain a certified copy of the order	1737
or agreement from the clerk of the court that issued the order or	1738
approved the agreement and present that certified copy to the	1739
clerk of the court of common pleas or the clerk of a municipal	1740
court or county court in the county in which the order or	1741
agreement is to be registered.	1742

(b) Upon accepting the certified copy of the order or	1743
agreement for registration, the clerk of the court of common	1744
pleas, municipal court, or county court shall place an endorsement	1745
of registration on the order or agreement and give the petitioner	1746
a copy of the order or agreement that bears that proof of	1747
registration.	1748

(3) The clerk of each court of common pleas, the clerk of	1749
each municipal court, and the clerk of each county court shall	1750
maintain a registry of certified copies of temporary protection	1751
orders, protection orders, or consent agreements that have been	1752
issued or approved by courts in other counties and that have been	1753
registered with the clerk.	1754

(O) Nothing in this section prohibits the domestic relations	1755
division of a court of common pleas in counties that have a	1756
domestic relations division or a court of common pleas in counties	1757
that do not have a domestic relations division from designating a	1758
minor child as a protected party on a protection order or consent	1759
agreement.	1760

Section 2. That existing sections 959.99, 2152.19, 2903.213,	1761
2903.214, 2919.26, and 3113.31 of the Revised Code are hereby	1762
repealed.	1763