(a) If the court issues a temporary protection order under Ohio R.C. 2919.26 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 following shall apply:
(1) 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.
(2) Subsection (a)(1) of this section does not limit any discretion of the court to determine that the alleged offender charged with a violation of Ohio R.C. 2919.27, with a violation of Toledo Municipal Code 537.20, or with contempt of court, which charge is based on an alleged violation of a temporary protection order issued under Ohio R.C. 2919.26, did not commit the violation or was not in contempt of court.
(b) No person shall recklessly violate the terms of any of the following:
(1) A protection order issued or consent agreement approved pursuant to Ohio R.C. 2919.26 or 3113.31 or Toledo Municipal Code 537.19;
(2) A protection order issued by a court of another state.
(c) No person shall recklessly enter or remain on the land or premises which is the subject of a temporary protection order, issued pursuant to Ohio R.C. 2919.26 or 3113.13 or Toledo Municipal Code 537.19 when such temporary protection order excludes the person from said land or premises.
(d) No person being on the land or the premises subject to a temporary protection order issued pursuant to Ohio R.C. 2919.26 or 3113.31 or Toledo Municipal Code 537.19, shall negligently fail or refuse to leave such premises upon being notified that the protection order excludes such person from land or premises.
(e) Whoever violates this section is guilty of violation of a temporary protection order, a misdemeanor of the first degree.
(f) It is an affirmative defense to a charge under subsection (b)(2) 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).
(g) The following applies relative to subsection (b)(2) hereof, which prohibits violation of a "Protection order issued by a court of another state":
(1) A person who has obtained a protection order issued by a court of another state may provide notice of the issuance of the order to judicial and law enforcement officials in this Municipality, or as otherwise provided in Ohio R.C. 2919.272(B), by registering the order in this Municipality and filing a copy of the registered order with a law enforcement agency in this Municipality. To register the order, the person shall obtain a certified copy of the order from the Clerk of the court that issued the order and present that certified copy to the Clerk of Toledo Municipal Court, or as otherwise provided in Ohio R.C. 2919.272(B). Upon accepting the certified copy of the order for registration, the Clerk shall place an endorsement of registration on the order and give the person a copy of the order that bears proof of registration. The person then may file with a law enforcement agency in this Municipality, or as otherwise provided in Ohio R.C. 2919.272(B), a copy of the order that bears proof of registration.
(2) The Clerk of Toledo Municipal Court shall maintain a registry of certified copies of protection orders issued by courts of another state that have been registered with the Clerk. Each law enforcement agency within this Municipality shall establish and maintain a registry for protection orders delivered to the agency pursuant to this section. The agency shall note in the registry the date and time that the agency received an order.
(3) An officer of a law enforcement agency within this Municipality shall enforce a protection order issued by a court of another state in accordance with the provisions of the order, including removing the person allegedly violating the order from the premises, regardless of whether the order is registered as authorized by subsection (g)(1) hereof in this Municipality, or as otherwise provided under Ohio R.C. 2919.272(B).
(h) As used in this section:
(1) "Land or premises" includes any land, real property, building structure, home or apartment, and any separate enclosure or room, or portion thereof;
(2) "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.
(Ord. 716-97. Passed 12-9-97.)