(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) As used in this section:
A. "Family or household member" means 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, or a former spouse, of the offender;
b. A 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" means 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.
(1) Upon the filing of a complaint that alleges a violation of subsection (a) hereof, or a violation of Ohio R.C. 2903.11, 2903.12, 2903.13, 2903.211 or 2911.211, or Section 537.02, 537.045 or 541.125 of this General Offenses Code, that involves a person who was a family or household member at the time of the violation, the complainant may file, or, if in an emergency the complainant is unable to file, a person who made an arrest for the alleged violation under Ohio R.C. 2935.03, may file on behalf of the complainant, a motion that requests the issuance of a temporary 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.
(2) For purposes of Ohio R.C. 2930.09, all stages of a proceeding arising out of a violation specified in paragraph (b)(1) hereof, including all proceedings on a motion for a temporary protection order, are critical stages of the case, and a complainant may be accompanied by a victim advocate or another person to provide support to the victim as provided in that section.
(3) The motion shall be prepared on a form that is provided by the clerk of the court, which form shall be substantially as follows:
MOTION FOR TEMPORARY PROTECTION ORDER
................ Court
Name and address of court
Municipality of Euclid, Ohio No.............
v.
..............................................
Name of Defendant
(Name of person), the complainant in the above-captioned case, moves the court to issue a temporary protection order containing terms designed to ensure the safety and protection of the complainant and other family or household members, in relation to the named defendant, pursuant to its authority to issue such an order under Ohio R.C. 2919.26 or Section 537.17 of the Codified Ordinances.
A complaint, a copy of which has been attached to this motion, has been filed in this court charging the named defendant with at least one of the following violations of subsection (a) hereof or Ohio R.C. 2919.25 that constitutes "domestic violence;" knowingly causing or attempting to cause physical harm to a family or household member; recklessly causing serious physical harm to a family or household member; or, by threat of force, knowingly causing a family or household member to believe that the named defendant would cause imminent physical harm to that family or household member; charging the named defendant with felonious assault, aggravated assault, or assault that involved a family or household member, in violation of Ohio R.C. 2903.11, 2903.12 or 2903.13, or Section 537.02 of the Codified Ordinances; charging the named defendant with menacing by stalking or aggravated trespass that involves a family or household member in violation of Ohio R.C. 2903.211 or 2911.211, or Section 537.045 or 541.125 of the Codified Ordinances.
I understand that I must appear before the court, at a time set by the court within twenty-four hours after the filing of this motion, for a hearing on the motion, or that, if I am unable to appear because of hospitalization or a medical condition resulting from the offense alleged in the complaint, a person who can provide information about my need for a temporary protection order must appear before the court in lieu of my appearing in court. I understand that any temporary 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 the issuance of a civil protection order or the approval of a consent agreement, arising out of the same activities as those that were the basis of the complaint, under Ohio R.C. 3113.31.
............................................................Signature of complainant (or signature of the arresting officer who filed the motion on behalf of the complainant)
.........................................................Address of complainant (or office address of the arresting officer who filed the motion on behalf of the complainant)
(4) As soon as possible after the filing of a motion that requests the issuance of a temporary protection order, but not later than twenty-four hours 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 person who requested the order is unable to appear and if the court finds that the failure to appear is because of the person's hospitalization or medical condition resulting from the offense alleged in the complaint, another person who is able to provide the court with the information it requests may appear in lieu of the person who requested the order. If the court finds that the safety and protection of the complainant or any other family or household member of the alleged offender may be impaired by the continued presence of the alleged offender, the court may issue a temporary protection order, as a pretrial condition of release, that contains terms designed to ensure the safety and protection of the complainant or the family or household member, including a requirement that the alleged offender refrain from entering the residence, school, business or place of employment of the complainant or family or household member.
(5) If the court issues a temporary protection order that includes a requirement that the alleged offender refrain from entering the residence, school, business or place of employment of the complainant or the family or household member, the order shall state clearly that the order cannot be waived or nullified by an invitation to the alleged offender from the complainant or 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 or family or household member.
(6) Paragraph (b)(5) hereof does not limit any discretion of a court to determine that an alleged offender charged with a violation of Ohio R.C. 2919.27, this subsection (b) hereof, or another municipal ordinance substantially equivalent to that section, or with contempt of court, which charge is based on an alleged violation of a temporary protection order issued under this section, did not commit the violation or was not in contempt of court.
(7) A. Upon the filing of a complaint that alleges a violation of subsection (a) hereof, or a violation of Ohio R.C. 2903.11, 2903.12, 2903.13, 2903.211 or 2911.211, or Section 537.02, 537.045 or 541.125 of this General Offenses Code, that involves a person who was a family or household member at the time of the violation, the court, upon its own motion, may issue a temporary protection order as a pretrial condition of release if it finds that the safety and protection of the complainant or other family or household member of the alleged offender may be impaired by the continued presence of the alleged offender.
B. If the court issues a temporary protection order under this subsection as an ex parte order, it shall conduct, as soon as possible after the issuance of the order, a hearing in the presence of the alleged offender not later than the next day on which the court is scheduled to conduct business after the day on which the alleged offender was arrested, or at the time of the appearance of the alleged offender pursuant to summons, 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)(4) hereof.
C. An order issued under this paragraph shall contain only those terms authorized in orders issued under paragraph (b)(4) hereof.
D. If a municipal court or a county court issues a temporary 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)(8)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.
(8) A temporary protection order that is issued as a pretrial condition of release under this subsection:
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 occurrence of either of the following:
1. The disposition by the court that issued the order or, in the circumstances described in paragraph (b)(7)D. 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.
2. The issuance of a protection order or the approval of a consent agreement, arising out of the same activities as those that were the basis of the complaint upon which the order is based, under Ohio R.C. 3113.31;
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.
(9) 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 temporary protection order.
(10) The following regulations shall govern temporary protection orders:
A. A copy of any temporary protection order that is issued under this section shall be issued by the court to the complainant, 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 temporary 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)(7)D. 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.
B. All law enforcement agencies shall establish and maintain an index for the temporary protection orders delivered to the agencies pursuant to paragraph (b)(10)A. hereof. With respect to each order delivered, each agency shall note on the index, the date and time of the receipt of the order by the agency.
C. A complainant who obtains a temporary protection order under this subsection may provide notice of the issuance of the temporary protection order to the judicial and law enforcement officials in any county other than the county in which the order is issued by registering that order in the other county in accordance with Ohio R.C. 3113.31(N) and filing a copy of the registered protection order with a law enforcement agency in the other county in accordance with that division.
D. Any officer of a law enforcement agency shall enforce a temporary protection order issued by any court in this State in accordance with the provisions of the order, including removing the defendant from the premises, regardless of whether the order is registered in the county in which the officer's agency has jurisdiction as authorized by paragraph (b)(10)C. hereof.
(11) Upon a violation of a temporary protection order, the court may issue another temporary protection order, as a pretrial condition of release, that modifies the terms of the order that was violated.
(12) As used in this paragraph, "defendant" means a person who is alleged in a complaint to have committed a violation of the type described in paragraphs (b)(1) and (2) hereof.
If a complaint is filed that alleges that a person committed a violation of the type described in paragraphs (b)(1) and (2) hereof, the court may not issue a temporary protection order under this subsection that requires the complainant or another family or household member of the defendant to do or refrain from doing an act that the court may require the defendant to do or refrain from doing under a temporary protection order unless both of the following apply:
A. The defendant has filed a separate complaint that alleges that the complainant or other family or household member in question who would be required under the order to do or refrain from doing the act committed a violation of the type described in paragraph (b)(1) or (2) hereof.
B. The court determines that both the complainant or other family or household member in question who would be required under the order to do or refrain from doing the act and the defendant acted primarily as aggressors, that neither the complainant or other family or household member in question who would be required under the order to do or refrain from doing the act nor the defendant acted primarily in self-defense, and, in accordance with the standards and criteria of this subsection as applied in relation to the separate complaint filed by the defendant, that it should issue the order to require the complainant or other family or household member in question to do or refrain from doing the act.
(13) Notwithstanding any provision of law to the contrary, no court shall charge a fee for the filing of a motion pursuant to this section.
(14) As used in this subsection, "victim advocate" means a person who provides support and assistance for a victim of an offense during court proceedings.
(ORC 2919.26)
(c) Violation of Protection Orders. No person shall recklessly violate the terms of any of the following:
(1) A protection order issued or consent agreement approved pursuant to this section or Ohio R.C. 2919.26 or 3113.31; or
(2) A protection order issued by a court of another state.
(ORC 2919.27)
(d) Penalties.
(1) Whoever violates any of the provisions of subsection (a) hereof is guilty of domestic violence. Except as otherwise provided in this paragraph, a violation of paragraph (a)(1) or (2) hereof is a misdemeanor of the first degree and a violation of paragraph (a)(3) hereof is a misdemeanor of the fourth degree and the penalty shall be as provided in Section 599.02. If the offender previously has been convicted of a violation of subsection (a) hereof, or a violation of another municipal ordinance that is substantially equivalent to subsection (a) hereof, or a violation of Ohio R.C. 2903.11, 2903.12, 2903.13, 2903.14, 2903.21, 2903.211, 2903.22, 2911.211, 2919.22 or 2919.25, involving a person who was a family or household member at the time of the violation, or a violation of Section 537.02, 537.03, 537.04, 537.045, 537.05, 537.11 or 541.125 of this General Offenses Code, involving a person who was a family or household member at the time of the violation, or a violation of another municipal ordinance that is substantially equivalent to one of those sections, involving a person who was a family or household member at the time of the violation, then a violation of paragraph (a)(1) or (2) hereof is a felony of the fifth degree and shall be prosecuted under Ohio R.C. 2919.25, and a violation of paragraph (a)(3) hereof is a misdemeanor of the third degree and shall be subject to the penalty provided in Section 599.02.
(ORC 2919.25)
(2) 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)(2)B. hereof, violating a protection is a misdemeanor of the first degree and the penalty shall be as provided in Section 599.02.
B. If the offender previously has been convicted of or pleaded guilty to two or more violations of Ohio R.C. 2903.211 or 2911.211, or Section 537.045 or 541.125 of this General Offenses Code, that involved the same person who is the subject of the protection order or consent agreement, or previously has been convicted of or pleaded guilty to one or more violations of this section, violating a protection order is a felony of the fifth degree and shall be prosecuted under Ohio R.C. 2919.27.
(3) It is an affirmative defense to a charge under paragraph (c)(2) hereof that the protection order issued by a court of another state does not comply with the requirements specified in 18 U.S.C. 2265(b) for a protection order that must be accorded full faith and credit by a court of this state or that it is not entitled to full faith and credit under 18 U.S.C. 2265(c).
(4) As used in this section, "protection order issued by a court of another state" means an injunction or another order issued by a criminal court of another state for the purpose of preventing violent or threatening acts or harassment against, contact or communication with, or physical proximity to, another person, including a temporary order, and means an injunction or order of that nature issued by a civil court of another state, including a temporary order and a final order issued in an independent action or as a pendente lite order in a proceeding for other relief, if the court issued it in response to a complaint, petition or motion filed by or on behalf of a person seeking protection. "Protection order issued by a court of another state" does not include an order for support or for custody of a child.
(ORC 2919.27; Ord. 79-2004. Passed 4-19-04.)