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(a) No person, without privilege to do so, shall knowingly restrain another of his or her liberty.
(b) No person, without privilege to do so and with a sexual motivation, shall knowingly restrain another of the other person’s liberty.
(c) Whoever violates this section is guilty of unlawful restraint, a misdemeanor of the third degree.
(d) As used in this section, “sexual motivation” has the same meaning as in Ohio R.C. 2971.01.
(ORC 2905.03; Ord. 1785. Passed 1-14-74.)
(EDITOR’S NOTE: Section 636.07 was repealed as part of the 2001 updating and revision of these Codified Ordinances because substantially identical State law (Ohio R.C. 2905.04) was repealed by the Ohio General Assembly.)
(a) No person, with purpose to coerce another into taking or refraining from action concerning which the other person has a legal freedom of choice, shall do any of the following:
(1) Threaten to commit any offense.
(2) Utter or threaten any slander against any person.
(3) Expose or threaten to expose any matter tending to subject any person to hatred, contempt, or ridicule, or to damage any person’s personal or business repute, or to impair any person’s credit.
(4) Institute or threaten criminal proceedings against any person.
(5) Take or withhold, or threaten to take or withhold official action, or cause or threaten to cause official action to be taken or withheld.
(b) Divisions (a)(4) and (5) of this section shall not be construed to prohibit a prosecutor or court from doing any of the following in good faith and in the interests of justice:
(1) Offering or agreeing to grant, or granting immunity from prosecution pursuant to Ohio R.C. 2945.44.
(2) In return for a plea of guilty to one or more offenses charged or to one or more other or lesser offenses, or in return for the testimony of the accused in a case to which the accused is not a party, offering or agreeing to dismiss, or dismissing one or more charges pending against an accused, or offering or agreeing to impose, or imposing a certain sentence or modification of sentence.
(3) Imposing a community control sanction probation on certain conditions, including without limitation requiring the offender to make restitution or redress to the victim of the offense.
(c) It is an affirmative defense to a charge under division (a)(3), (4), or (5) of this section that the actor’s conduct was a reasonable response to the circumstances which occasioned it, and that the actor’s purpose was limited to any of the following:
(1) Compelling another to refrain from misconduct or to desist from further misconduct.
(2) Preventing or redressing a wrong or injustice.
(3) Preventing another from taking action for which the actor reasonably believed the other person to be disqualified.
(4) Compelling another to take action which the actor reasonably believed the other person to be under a duty to take.
(d) Whoever violates this section is guilty of coercion, a misdemeanor of the second degree.
(e) As used in this section:
(1) “Community control sanction” has the same meaning as in R.C. § 2929.01.
(2) “Threat” includes a direct threat and a threat by innuendo.
(ORC 2905.12; Ord. 1785. Passed 1-14-74.)
(a) Prohibited Conduct.
(1) No person shall knowingly cause or attempt to cause physical harm to a family or household member.
(2) No person shall recklessly cause serious physical harm to a family or household member.
(3) No person, by threat of force, shall knowingly cause a family or household member to believe that the offender will cause imminent physical harm to the family or household member.
(4) A. Whoever violates this section is guilty of domestic violence, and the court shall sentence the offender as provided in divisions (a)(4)B. to (a)(4)E. of this section.
B. Except as otherwise provided in division (a)(4)C., (a)(4)D. or (a)(4)E. of this section, a violation of division (a)(3) is a misdemeanor of the fourth degree and a violation of division (a)(1) or (a)(2) is a misdemeanor of the first degree.
C. Except as otherwise provided in division (a)(4)D. of this section, if the offender previously has pleaded guilty to or been convicted of domestic violence, a violation of an existing or former municipal ordinance or law of this or any other State or the United States that is substantially equivalent to domestic violence, a violation of Ohio R.C. 2903.14, 2909.06, 2909.07, 2911.12, 2911.211 or 2919.22 if the victim of the violation was a family or household member at the time of the violation, a violation of an existing or former municipal ordinance or law of this or any other State or the United States that is substantially equivalent to any of those sections if the victim of the violation was a family or household member at the time of the commission of the violation, or any offense of violence if the victim of the offense was a family or household member at the time of the commission of the offense, a violation of division (a)(1) or (a)(2) is a felony to be prosecuted under appropriate State law and a violation of division (a)(3) is a misdemeanor of the second degree.
D. If the offender previously has pleaded guilty to or been convicted of two or more offenses of domestic violence or two or more violations or offenses of the type described in division (a)(4)C. of this section involving a person who was a family or household member at the time of the violations or offenses, a violation of division (a)(1) or (a)(2) of this section is a felony to be prosecuted under appropriate State law. A violation of division (a)(3) of this section is a misdemeanor of the first degree.
E. Except as otherwise provided in division (a)(4)C. or (a)(4)D. of this section, if the offender knew that the victim of the violation was pregnant at the time of the violation, a violation of division (a)(1) or (a)(2) of this section is a felony to be prosecuted under appropriate state law, and a violation of division (a)(3) of this section is a misdemeanor of the third degree.
(5) Notwithstanding any provision of law to the contrary, no court or unit of State or local government shall charge any fee, cost, deposit, or money in connection with the filing of charges against a person alleging that the person violated this section or a municipal ordinance substantially equivalent to this section or in connection with the prosecution of any charges so filed.
(6) As used in this section:
A. “Family or household member.” Any of the following:
1. Any of the following who is residing or has resided with the offender:
a. A spouse, a person living as a spouse as defined below, or a former spouse of the offender;
b. A parent, a foster parent, or a child of the offender, or another person related by consanguinity or affinity to the offender;
c. A parent or a child of a spouse, person living as a spouse, or former spouse of the offender, or another person related by consanguinity or affinity to a spouse, person living as a spouse, or former spouse of the offender.
2. The natural parent of any child of whom the offender is the other natural parent or is the putative other natural parent.
B. “Person living as a spouse.” A person who is living or has lived with the offender in a common law marital relationship, who otherwise is cohabiting with the offender, or who otherwise has cohabited with the offender within five years prior to the date of the alleged commission of the act in question.
(ORC 2919.25)
(b) Temporary Protection Order. Consult Ohio R.C. 2919.26 for current provisions regarding protection orders.
(c) Violating a Protection Order, Consent Agreement, Anti-Stalking Protection Order or Order Issued by a Court of Another State. See Section 636.045(c) for current provisions.
(a) No person shall abandon, or fail to provide adequate support to:
(1) The person’s spouse, as required by law;
(2) The person’s child who is under age 18, or the persons’s child with a mental or physical disability who is under age 21;
(3) The person’s aged or infirm parent or adoptive parent, who from lack of ability and means is unable to provide adequately for the parent’s own support.
(b) (1) No person shall abandon, or fail to provide support as established by a court order to, another person whom, by court order or decree, the person:
A. Is legally obligated to support; or
B. Was legally obligated to support, and an amount for support:
1. Was due and owing prior to the date the person’s duty to pay current support terminated; and
2. Remains unpaid.
(2) The period of limitation under Ohio R.C. 2901.13 applicable to division (b)(1)B. of this section shall begin to run on the date the person’s duty to pay current support terminates.
(c) No person shall aid, abet, induce, cause, encourage, or contribute to a child or a ward of the juvenile court becoming a dependent child, as defined in Ohio R.C. 2151.04, or a neglected child, as defined in Ohio R.C. 2151.03.
(d) It is an affirmative defense to a charge of failure to provide adequate support under division (a) of this section or a charge of failure to provide support established by a court order under division (b) of this section that the accused was unable to provide adequate support or the established support, but did provide the support that was within his or her ability and means.
(e) It is an affirmative defense to a charge under division (A)(3) of this section that the parent abandoned the accused or failed to support the accused as required by law, while the accused was under age 18, or had a mental or physical disability and was under age 21.
(f) It is not a defense to a charge under division (b) of this section that the person whom a court has ordered the accused to support is being adequately supported by someone other than the accused.
(g) (1) Except as otherwise provided in this division, whoever violates division (a) or (b) of this section is guilty of nonsupport of dependents, a misdemeanor of the first degree. If the offender previously has been convicted of or pleaded guilty to a violation of division (a)(2) or (b) of this section or a substantially equivalent state law or municipal ordinance, or if the offender has failed to provide support under division (a)(2) or (b) of this section for a total accumulated period of 26 weeks out of 104 consecutive weeks, whether or not the 26 weeks were consecutive, then a violation of division (a)(2) or (b) of this section is a felony to be prosecuted under appropriate State law. If the offender previously has been convicted of or pleaded guilty to a felony violation of this section or a substantially equivalent state law or municipal ordinance, a violation of division (a)(2) or (b) of this section is a felony to be prosecuted under appropriate State law.
(2) If the offender is guilty of nonsupport of dependents by reason of failing to provide support to his or her child as required by a child support order issued on or after April 15, 1985, pursuant to Ohio R.C. 2151.23, 2151.231, 2151.232, 2151.33, 3105.21, 3109.05, 3111.13, 3113.04, 3113.31, 3115.401, or former R.C. § 3115.31, the court, in addition to any other sentence imposed, shall assess all court costs arising out of the charge against the person and require the person to pay any reasonable attorney’s fees of any adverse party other than the State, as determined by the court, that arose in relation to the charge.
(3) Whoever violates division (c) of this section is guilty of contributing to the nonsupport of dependents, a misdemeanor of the first degree. Each day of a violation of division (c) of this section is a separate offense.
(ORC 2919.21)
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