(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, who is residing or has resided with the offender:
1. A spouse, a person living as a spouse, or a former spouse, of the offender;
2. A parent or a child of the offender, or another person related by consanguinity or affinity to the offender;
3. 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.
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, who otherwise has cohabited with the offender within one year prior to the date of the alleged commission of the act in question, or who is the natural parent of the offender's child.
(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 537.03, 537.055 or 541.055 of this General Offenses Code, involving 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) 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 Lakewood, 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. A complaint, a copy of which has been attached to this motion, has been filed in this court charging the named defendant with 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 he would cause imminent physical harm to the family or household member, which constitutes “domestic violence,” a violation of Section 537.14 of the Codified Ordinances; charging the named defendant with felonious assault, aggravated assault or assault involving a family or household member, which are violations of Ohio R.C. 2903.11, 2903.12 and 2903.13, or Section 537.03 of the Codified Ordinances; or charging the named defendant with menacing by stalking or aggravated trespass, which are violations of Ohio R.C. 2903.211 and 2911.211, or Sections 537.055 and 541.055 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, and 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)
(3) 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 court 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, 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 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.
(4) 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 537.03, 537.055 or 541.055 of this General Offenses Code, involving 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. 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, but not later than twenty-four hours 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. An order issued under this paragraph shall contain only those terms authorized in orders issued under paragraph (b)(3) hereof.
(5) 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 disposition of the criminal proceeding arising out of the complaint upon which it is based, or 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, 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.
(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 temporary protection order.
(7) 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.
B. All law enforcement agencies shall establish and maintain an index for the temporary protection orders delivered to the agencies pursuant to paragraph (7)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. Any officer of a law enforcement agency shall enforce a temporary protection order in accordance with the provisions of the order, including removing the defendant from the premises.
(8) 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.
(9) 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 2919.26)
(c) Violation of Protection Orders. No person shall recklessly violate any term of a protection order issued or consent agreement approved pursuant to this section or pursuant to Ohio R.C. 2919.26 or 3113.31. (ORC 2919.27)
(d) Penalties.
(1) Whoever violates any of the provisions of subsection (a) hereof is guilty of domestic violence. A violation of paragraph (a)(1) or (2) hereof is a misdemeanor of the first degree, and shall be subject to the penalty provided in Section 501.99, provided the offender has not previously been convicted of domestic violence or a violation of Ohio R.C. 2903.11, 2903.12, 2903.13, 2903.211 or 2911.211, or Section 537.03, 537.055 or 541.055 of this General Offenses Code, involving a person who was a family or household member at the time of such violation. A violation of paragraph (a)(3) hereof is a misdemeanor of the fourth degree if the offender has not previously been convicted of domestic violence or a violation of Ohio R.C. 2903.11, 2903.12, 2903.13, 2903.211 or 2911.211, or Section 537.03, 537.055 or 541.055 of this General Offenses Code, involving a person who was a family or household member at the time of such violation, and shall be subject to the penalty provided in Section 501.99. If the offender has previously been convicted of domestic violence or a violation of Ohio R.C. 2903.11, 2903.12, 2903.13, 2903.211 or 2911.211, or Section 537.03, 537.055 or 541.055 of this General Offenses Code, involving a person who was a family or household member at the time of such violation, a violation of paragraph (a)(3) hereof is a misdemeanor of the third degree and shall be subject to the penalty provided in Section 501.99.
(ORC 2919.25)
(2) Whoever violates subsection (c) hereof is guilty of violating a protection order or consent agreement. If the offender previously has not been convicted of or pleaded guilty to a violation of subsection (c) hereof, or a violation of Ohio R.C. 2903.211 or 2911.211 or Section 537.055 or 541.055 of this General Offenses Code that involves the same person who is the subject of the protection order or consent agreement, violating a protection order or consent agreement is a misdemeanor of the fourth degree and shall be subject to the penalty provided in Section 501.99. If the offender previously has been convicted of or pleaded guilty to one violation of subsection (c) hereof, or a violation of Ohio R.C. 2903.211 or 2911.211 or Section 537.055 or 541.055 of this General Offenses Code that involves the same person who is the subject of the protection order or consent agreement, violating a protection order or consent agreement is a misdemeanor of the first degree and shall be subject to the penalty provided in Section 501.99. If the offender previously has been convicted of or pleaded guilty to two or more violations of subsection (c) hereof, or to two or more violations of Ohio R.C. 2903.211 or 2911.211 or Section 537.055 or 541.055 of this General Offenses Code that involves the same person who is the subject of the protection order or consent agreement, violating a protection order or consent agreement is a felony of the fourth degree and the offender shall be prosecuted under Ohio R.C. 2919.27.
(ORC 2919.27)