(A) No person shall recklessly violate the terms of any of the following:
(1) A protection order issued or consent agreement approved pursuant to R.C. § 2919.26 or R.C. § 3113.31;
(2) A protection order issued pursuant to R.C. § 2151.34, 2903.213 or 2903.214;
(3) A protection order issued by a court of another state.
(B) (1) Whoever violates this section is guilty of violating a protection order.
(2) Except as otherwise provided in division (B)(3) or (B)(4) of this section, violating a protection order is a misdemeanor of the first degree.
(3) Violating a protection order is a felony to be prosecuted under appropriate state law if the offender previously has been convicted of, pleaded guilty to, or been adjudicated a delinquent child for any of the following:
(a) A violation of a protection order issued or consent agreement approved pursuant to R.C. § 2151.34, 2903.213, 2903.214, 2919.26, or 3113.31, or any substantially equivalent state law or municipal ordinance;
(b) Two or more violations of R.C. § 2903.21, 2903.211, 2903.22, or 2911.211, or any substantially equivalent state law or municipal ordinance, or any combination of those offenses, that involved the same person who is the subject of the protection order or consent agreement;
(c) One or more violations of this section, or any substantially equivalent state law or municipal ordinance.
(4) If the offender violates a protection order or consent agreement while committing a felony offense, violating a protection order is a felony to be prosecuted under appropriate state law.
(5) If the protection order violated by the offender was an order issued pursuant to R.C. § 2151.34 or 2903.214 that required electronic monitoring of the offender pursuant to that section, the court may require in addition to any other sentence imposed upon the offender that the offender be electronically monitored for a period not exceeding five years by a law enforcement agency designated by the court. If the court requires under this division that the offender be electronically monitored, unless the court determines that the offender is indigent, the court shall order that the offender pay the costs of the installation of the electronic monitoring device and the cost of monitoring the electronic monitoring device.
(C) It is an affirmative defense to a charge under division (A)(3) of this section 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).
(D) In a prosecution for a violation of this section, it is not necessary for the prosecution to prove that the protection order or consent agreement was served on the defendant if the prosecution proves that the defendant was shown the protection order or consent agreement or a copy of either or a judge, magistrate, or law enforcement officer informed the defendant that a protection order or consent agreement had been issued, and proves that the defendant recklessly violated the terms of the order or agreement.
(E) 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. The term does not include an order for support or for custody of a child issued pursuant to the divorce and child custody laws of another state, except to the extent that the order for support or for custody of a child is entitled to full faith and credit under the laws of the United States.
(R.C. § 2919.27) (Rev. 2024)
Cross-reference:
Jurisdictional limitation on Mayor regarding violations of this section, see § 33.01(E)