§ 33.22 HEARING.

   In cases under § 33.21, a charge in writing shall be filed with the Clerk of the Court, an entry thereof made upon the journal, and an opportunity given to the accused to be heard, by himself, herself, or counsel. This section does not prevent the court from issuing process to bring the accused into court, or from holding him or her in custody pending such proceedings.

(R.C. § 2705.03)

§ 33.23 CONTEMPT ACTION FOR FAILURE TO PAY SUPPORT, FAILURE TO COMPLY, OR INTERFERENCE WITH A VISITATION ORDER; SUMMONS.

   (A)   As used in this section, TITLE IV-D CASE has the same meaning as in R.C. § 3125.01.

   (B)   (1)   Any party who has a legal claim to any support ordered for a child, spouse, or former spouse may initiate a contempt action for failure to pay the support. In Title IV-D cases, the contempt action for failure to pay support also may be initiated by an attorney retained by the party who has the legal claim, the prosecuting attorney, or an attorney of the Department of Job and Family Services or the child support enforcement agency.

      (2)   Any parent who is granted parenting time rights under a parenting time order or decree issued pursuant to R.C. §§ 3109.051 or 3109.12, any person who is granted visitation rights under a visitation order or decree issued pursuant to R.C. §§ 3109.051, 3109.11, or 3109.12 or pursuant to any other provision of the Ohio Revised Code, or any other person who is subject to any parenting time or visitation order or decree, may initiate a contempt action for the failure to comply with, or an interference with, the order or decree.

   (C)   In any contempt action initiated pursuant to division (B) of this section, the accused shall appear upon the summons and order to appear that is issued by the court. The summons shall include all of the following:

      (1)   Notice that failure to appear may result in the issuance of an order of arrest, and in cases involving alleged failure to pay support, the issuance of an order for the payment of support by withholding an amount from the personal earnings of the accused or by withholding or deducting an amount from some other asset of the accused;

      (2)   Notice that the accused has a right to counsel, and that if indigent, the accused must apply for a public defender or court appointed counsel within three business days after receipt of the summons;

      (3)   Notice that the court may refuse to grant a continuance at the time of the hearing for the purposes of the accused obtaining counsel if the accused fails to make a good faith effort to retain counsel or to obtain a public defender;

      (4)   Notice of the potential penalties that could be imposed upon the accused if the accused is found guilty of contempt for failure to pay support or for a failure to comply with, or an interference with, a parenting time or visitation order or decree; and

      (5)   Notice that the court may grant limited driving privileges under R.C. § 4510.021 pursuant to a request made by the accused, if the driver’s license was suspended based on a notice issued pursuant to R.C. § 3123.54 by the child support enforcement agency and if the request is accompanied by a recent non-certified copy of a driver’s abstract from the Registrar of Motor Vehicles.

   (D)   If the accused is served as required by the Rules of Civil Procedure or by any special statutory proceedings that are relevant to the case, the court may order the attachment of the person of the accused upon failure to appear as ordered by the court.

   (E)   (1)   The imposition of any penalty under § 33.25 shall not eliminate any obligation of the accused to pay any past, present, or future support obligation or any obligation of the accused to comply with or refrain from interfering with the parenting time or visitation order or decree.

      (2)   The court shall have jurisdiction to make a finding of contempt for the failure to pay support and to impose the penalties set forth in § 33.25 in all cases in which past due support is at issue even if the duty to pay support has terminated, and shall have jurisdiction to make a finding of contempt for a failure to comply with, or an interference with, a parenting time or visitation order or decree and to impose the penalties set forth in § 33.25 in all cases in which the failure or interference is at issue even if the parenting time or visitation order or decree is no longer in effect.

(R.C. § 2705.031)

§ 33.24 RIGHT OF ACCUSED TO BAIL.

   (A)   In proceedings under § 33.21, if the writ is not returnable forthwith, the court may fix the amount of a bond to be given by the accused, with surety to the satisfaction of the sheriff. Upon the return of a writ, when it is not convenient to hear the charge without delay, the court shall fix the amount of a bond to be given, with surety to the satisfaction of the Clerk of the Court, for the appearance of the accused to answer the charge.

   (B)   On the execution of such bond, the accused shall be released from custody.

(R.C. § 2705.04)

§ 33.25 HEARING ON CONTEMPT; PENALTIES; SUPPORT ORDERS; FAILURE TO WITHHOLD OR DEDUCT MONEY PURSUANT TO SUPPORT ORDER.

   (A)   In all contempt proceedings, the court shall conduct a hearing. At the hearing, the court shall investigate the charge and hear any answer or testimony that the accused makes or offers and shall determine whether the accused is guilty of the contempt charge. If the accused is found guilty, the court may impose any of the following penalties:

      (1)   For a first offense, a fine of not more than $250, a definite term of imprisonment of not more than 30 days in jail, or both;

      (2)   For a second offense, a fine of not more than $500, a definite term of imprisonment of not more than 60 days in jail, or both; and

      (3)   For a third or subsequent offense, a fine of not more than $1,000, a definite term of imprisonment of not more than 90 days in jail, or both.

   (B)   In all contempt proceedings initiated pursuant to § 33.23 against an employer, the Bureau of Workers’ Compensation, an employer that is paying workers’ compensation benefits, a board, board of trustees, or other governing entity of a retirement system, person paying or distributing income to an obligor under a support order, or financial institution that is ordered to withhold or deduct an amount of money from the income or other assets of a person required to pay support and that fails to withhold or deduct the amount of money as ordered by the support order, the court may also require the employer, the Bureau of Workers’ Compensation, an employer that is paying workers’ compensation benefits, a board, board of trustees, or other governing entity of a retirement system, person paying or distributing income to an obligor under a support order, or financial institution to pay the accumulated support arrearages.

(R.C. § 2705.05)

§ 33.26 IMPRISONMENT UNTIL ORDER OBEYED.

   When the contempt consists of the omission to do an act which the accused yet can perform, he or she may be imprisoned until he or she performs it.

(R.C. § 2705.06)