(a) Prohibited Conduct.
(1) No person, by engaging in a pattern of conduct, shall knowingly cause another to believe that the offender will cause physical harm to the other person or cause mental distress to the other person.
(2) As used in this section:
A. “Pattern of conduct” means two or more actions or incidents closely related in time, whether or not there has been a prior conviction based on any of those actions or incidents. Actions or incidents that prevent, obstruct or delay the performance by a public official, firefighter, rescuer or emergency medical services person of any authorized act within the public official's, firefighter's, rescuer's or emergency medical services person's official capacity may constitute a “pattern of conduct.”
B. “Mental distress” means any mental illness or condition that involves some temporary substantial incapacity or mental illness or condition that would normally require psychiatric treatment.
C. “Emergency medical services person” is the singular of “emergency medical services personnel” as defined in Ohio R.C. 2133.21.
D. “Public official” has the same meaning as in Section 606.01.
(ORC 2903.211)
(b) Protection Order.
(1) Except when the complaint involves a person who is a family or household member, as defined in Section 636.17(a) of this General Offenses Code, upon the filing of a complaint that alleges a violation of Ohio R.C. 2903.11, 2903.12, 2903.13, 2903.21, 2903.211, 2903.22 or 2911.211, or Section 636.02, 636.04, subsection (a) hereof, Section 636.05 or Section 642.125 of this General Offenses Code, or a violation of a municipal ordinance substantially similar to Ohio R.C. 2903.13, 2903.21, 2903.211, 2903.22 or 2911.211, the complainant, the alleged victim or a family or household member of an alleged victim may file a motion that requests the issuance of a protection order as a pretrial condition of release of the alleged offender, in addition to any bail set under Rule 46 of the Ohio Rules of Criminal Procedure. The motion shall be filed with the clerk of the court that has jurisdiction of the case at any time after the filing of the complaint. If the complaint involves a person who is a family or household member, the complainant, the alleged victim or the family or household member may file a motion for a temporary protection order pursuant to Ohio R.C. 2919.26 or Section 636.17(b) of this General Offenses Code.
(2) A motion for a protection order shall be prepared on a form that is provided by the clerk of the court, and the form shall be substantially as follows:
MOTION FOR PROTECTION ORDER
................ Court
Name and address of court
Municipality of Caldwell, Ohio
v. No. ............
................................................
Name of Defendant
(Name of person), the complainant in the above-captioned case, moves the court to issue a protection order containing terms designed to ensure the safety and protection of the complainant or the alleged victim in the above-captioned case, in relation to the named defendant, pursuant to its authority to issue a protection order under Ohio R.C. 2903.213.
A complaint, a copy of which has been attached to this motion, has been filed in this court charging the named defendant with a violation of Ohio R.C. 2903.11, 2903.12, 2903.13, 2903.21, 2903.211, 2903.22 or 2911.211, or Section 636.02, 636.04, 636.045, 636.05 or 642.125 of the Codified Ordinances, or a violation of a municipal ordinance substantially similar to Ohio R.C. 2903.13, 2903.21, 2903.211, 2903.22 or 2911.211.
I understand that I must appear before the court, at a time set by the court not later than the next day that the court is in session after the filing of this motion, for a hearing on the motion, and that any protection order granted pursuant to this motion is a pretrial condition of release and is effective only until the disposition of the criminal proceeding arising out of the attached complaint or until the issuance under Ohio R.C. 2903.214 of a protection order arising out of the same activities as those that were the basis of the attached complaint.
.......................................................
Signature of person
.......................................................
Address of person
(3) A. As soon as possible after the filing of a motion that requests the issuance of a protection order under this section, but not later than the next day that the court is in session after the filing of the motion, the court shall conduct a hearing to determine whether to issue the order. The person who requested the order shall appear before the court and provide the court with the information that it requests concerning the basis of the motion. If the court finds that the safety and protection of the complainant or the alleged victim may be impaired by the continued presence of the alleged offender, the court may issue a protection order under this section, as a pretrial condition of release, that contains terms designed to ensure the safety and protection of the complainant or the alleged victim, including a requirement that the alleged offender refrain from entering the residence, school, business or place of employment of the complainant or the alleged victim.
B. 1. If the court issues a protection order under this section that includes a requirement that the alleged offender refrain from entering the residence, school, business or place of employment of the complainant or the alleged victim, the order shall clearly state that the order cannot be waived or nullified by an invitation to the alleged offender from the complainant, the alleged victim or a family or household member to enter the residence, school, business or place of employment or by the alleged offender's entry into one of those places otherwise upon the consent of the complainant, the alleged victim or a family or household member.
2. Paragraph (b)(3)B.1. hereof does not limit any discretion of a court to determine that an alleged offender charged with a violation of Section 636.17(c) of this General Offenses Code, or Ohio R.C. 2919.27, or with a violation of any other municipal ordinance substantially equivalent to such sections, or with contempt of court, which charge is based on an alleged violation of a protection order issued under this section, did not commit the violation or was not in contempt of court.
(4) A. Except when the complaint involves a person who is a family or household member as defined in Section 636.17(a) of this General Offenses Code, upon the filing of a complaint that alleges a violation specified in paragraph (b)(1) hereof, the court, upon its own motion, may issue a protection order as a pretrial condition of release of the alleged offender if it finds that the safety and protection of the complainant or the alleged victim may be impaired by the continued presence of the alleged offender.
B. If the court issues a protection order under this section as an ex parte order, it shall conduct, as soon as possible, after the issuance of the order but not later than the next day the court is in session after its issuance, a hearing to determine whether the order should remain in effect, be modified or be revoked. The hearing shall be conducted under the standards set forth in paragraph (b)(3) hereof.
C. If a municipal court or a county court issues a protection order under this section and if, subsequent to the issuance of the order, the alleged offender who is the subject of the order is bound over to the Court of Common Pleas for prosecution of a felony arising out of the same activities as those that were the basis of the complaint upon which the order is based, notwithstanding the fact that the order was issued by a municipal court or county court, the order shall remain in effect, as though it were an order of the Court of Common Pleas, while the charges against the alleged offender are pending in the Court of Common Pleas, for the period of time described in paragraph (b)(5)B. hereof, and the Court of Common Pleas has exclusive jurisdiction to modify the order issued by the municipal court or county court. This paragraph applies when the alleged offender is bound over to the Court of Common Pleas as a result of the person waiving a preliminary hearing on the felony charge, as a result of the municipal court or county court having determined at a preliminary hearing that there is probable cause to believe that the felony has been committed and that the alleged offender committed it, as a result of the alleged offender having been indicted for the felony, or in any other manner.
(5) A protection order that is issued as a pretrial condition of release under this section:
A. Is in addition to, but shall not be construed as a part of, any bail set under Rule 46 of the Ohio Rules of Criminal Procedure;
B. Is effective only until the disposition by the court that issued the order or, in the circumstances described in paragraph (b)(4)C. hereof, by the Court of Common Pleas to which the alleged offender is bound over for prosecution of the criminal proceeding arising out of the complaint upon which the order is based or until the issuance under Ohio R.C. 2903.214 of a protection order arising out of the same activities as those that were the basis of the complaint filed under this section;
C. Shall not be construed as a finding that the alleged offender committed the alleged offense, and shall not be introduced as evidence of the commission of the offense at the trial of the alleged offender on the complaint upon which the order is based.
(6) A person who meets the criteria for bail under Rule 46 of the Ohio Rules of Criminal Procedure and who, if required to do so pursuant to that Rule, executes or posts bond or deposits cash or securities as bail, shall not be held in custody pending a hearing before the court on a motion requesting a protection order under this section.
(7) A copy of a protection order that is issued under this section shall be issued by the court to the complainant, to the alleged victim, to the person who requested the order, to the defendant and to all law enforcement agencies that have jurisdiction to enforce the order. The court shall direct that a copy of the order be delivered to the defendant on the same day that the order is entered. If a municipal court or a county court issues a protection order under this section and if, subsequent to the issuance of the order, the defendant who is the subject of the order is bound over to the Court of Common Pleas for prosecution as described in paragraph (b)(4)C. hereof, the municipal court or county court shall direct that a copy of the order be delivered to the Court of Common Pleas to which the defendant is bound over.
(8) All law enforcement agencies shall establish and maintain an index for the protection orders delivered to the agencies pursuant to paragraph (b)(7) hereof. With respect to each order delivered, each agency shall note, on the index, the date and time of the agency's receipt of the order.
(9) Regardless of whether the petitioner has registered the protection order in the county in which the officer's agency has jurisdiction, any officer of a law enforcement agency shall enforce a protection order issued pursuant to this section in accordance with the provisions of the order.
(10) Upon a violation of a protection order issued pursuant to this section, the court may issue another protection order under this section, as a pretrial condition of release, that modifies the terms of the order that was violated.
(11) Notwithstanding any provision of law to the contrary, no court shall charge a fee for the filing of a motion pursuant to this section.
(ORC 2903.213)
(c) Violation of Protection Order. No person shall recklessly violate the terms of a protection order issued pursuant to this section or Ohio R.C. 2903.213 or 2903.214. (ORC 2919.27)
(d) Penalties.
(1) Whoever violates subsection (a) hereof is guilty of menacing by stalking, a misdemeanor of the first degree, and shall be subject to the penalty provided in Section 698.02, provided that none of the following applies:
A. The offender previously has been convicted of or pleaded guilty to a violation of this section or Ohio R.C. 2903.211, or a violation of Section 642.125 or Ohio R.C. 2911.211.
B. In committing the offense, the offender made a threat of physical harm to or against the victim.
C. In committing the offense, the offender trespassed on the land or premises where the victim lives, is employed or attends school.
D. The victim of the offense is a minor.
E. The offender has a history of violence toward the victim or any other person or a history of other violent acts toward the victim or any other person.
F. While committing the offense, the offender had a deadly weapon on or about the offender's person or under the offender's control.
G. At the time of the commission of the offense, the offender was the subject of a protection order issued under this section or Ohio R.C. 2903.213 or 2903.214, regardless of whether the person to be protected under the order is the victim of the offense or another person.
H. In committing the offense, the offender caused serious physical harm to the premises at which the victim resides, to the real property on which that premises is located or to any personal property located on that premises.
I. Prior to committing the offense, the offender had been determined to represent a substantial risk of physical harm to others as manifested by evidence of then- recent homicidal or other violent behavior, evidence of then-recent threats that placed another in reasonable fear of violent behavior and serious physical harm, or other evidence of then- present dangerousness.
(2) Ohio R.C. 2919.271 applies in relation to a defendant charged with a violation of subsection (a) hereof.
(ORC 2903.211(B))
(3) Whoever violates subsection (c) hereof is guilty of violating a protection order and shall be subject to the following penalties:
A. Except as otherwise provided in paragraph (d)(3)B. hereof, violating a protection order is a misdemeanor of the first degree and the penalty shall be as provided in Section 698.02.
B. If the offender previously has been convicted of or pleaded guilty to two or more violations of this section, or of Ohio R.C. 2903.213 or 2903.214, or of former Ohio R.C. 2919.27, involving a protection order issued pursuant to this section or Ohio R.C. 2903.213 or 2903.214, two or more violations of Ohio R.C. 2903.21, 2903.211, 2903.22 or 2911.211, or of Section 636.04, 636.05 or 642.125 of this General Offenses Code, that involved the same person who is the subject of the protection order, or two or more violations of Ohio R.C. 2903.214 or subsection (c) hereof as it existed prior to July 1, 1996, violating a protection order is a felony of the fifth degree and shall be prosecuted under Ohio R.C. 2919.27.
(ORC 2919.27)