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To amend sections 2919.26 and 3113.31 and to enact | 1 |
sections 2919.261 and 3113.311 of the Revised Code | 2 |
to require a person who is subject to a civil or | 3 |
criminal domestic violence temporary protection | 4 |
order to surrender all firearms in the person's | 5 |
immediate possession or control to a law | 6 |
enforcement agency or to a federally licensed | 7 |
firearms dealer. | 8 |
Section 1. That sections 2919.26 and 3113.31 be amended and | 9 |
sections 2919.261 and 3113.311 of the Revised Code be enacted to | 10 |
read as follows: | 11 |
Sec. 2919.26. (A)(1) Upon the filing of a complaint that | 12 |
alleges a violation of section 2909.06, 2909.07, 2911.12, or | 13 |
2911.211 of the Revised Code if the alleged victim of the | 14 |
violation was a family or household member at the time of the | 15 |
violation, a violation of a municipal ordinance that is | 16 |
substantially similar to any of those sections if the alleged | 17 |
victim of the violation was a family or household member at the | 18 |
time of the violation, any offense of violence if the alleged | 19 |
victim of the offense was a family or household member at the time | 20 |
of the commission of the offense, or any sexually oriented offense | 21 |
if the alleged victim of the offense was a family or household | 22 |
member at the time of the commission of the offense, the | 23 |
complainant, the alleged victim, or a family or household member | 24 |
of an alleged victim may file, or, if in an emergency the alleged | 25 |
victim is unable to file, a person who made an arrest for the | 26 |
alleged violation or offense under section 2935.03 of the Revised | 27 |
Code may file on behalf of the alleged victim, a motion that | 28 |
requests the issuance of a temporary protection order as a | 29 |
pretrial condition of release of the alleged offender, in addition | 30 |
to any bail set under Criminal Rule 46. The motion shall be filed | 31 |
with the clerk of the court that has jurisdiction of the case at | 32 |
any time after the filing of the complaint. | 33 |
(2) For purposes of section 2930.09 of the Revised Code, all | 34 |
stages of a proceeding arising out of a complaint alleging the | 35 |
commission of a violation, offense of violence, or sexually | 36 |
oriented offense described in division (A)(1) of this section, | 37 |
including all proceedings on a motion for a temporary protection | 38 |
order, are critical stages of the case, and a victim may be | 39 |
accompanied by a victim advocate or another person to provide | 40 |
support to the victim as provided in that section. | 41 |
(B) The motion shall be prepared on a form that is provided | 42 |
by the clerk of the court, which form shall be substantially as | 43 |
follows: | 44 |
45 | |
46 | |
47 | |
State of Ohio | 48 |
v. | No. .......... | 49 |
.......................................... | 50 |
Name of Defendant | 51 |
(name of person), moves the court to issue a temporary protection | 52 |
order containing terms designed to ensure the safety and | 53 |
protection of the complainant, alleged victim, and other family or | 54 |
household members, in relation to the named defendant, pursuant to | 55 |
its authority to issue such an order under section 2919.26 of the | 56 |
Revised Code. | 57 |
A complaint, a copy of which has been attached to this | 58 |
motion, has been filed in this court charging the named defendant | 59 |
with .......................... (name of the specified violation, | 60 |
the offense of violence, or sexually oriented offense charged) in | 61 |
circumstances in which the victim was a family or household member | 62 |
in violation of (section of the Revised Code designating the | 63 |
specified violation, offense of violence, or sexually oriented | 64 |
offense charged), or charging the named defendant with a violation | 65 |
of a municipal ordinance that is substantially similar to | 66 |
........................ (section of the Revised Code designating | 67 |
the specified violation, offense of violence, or sexually oriented | 68 |
offense charged) involving a family or household member. | 69 |
To the best of my knowledge, the number, types, and locations | 70 |
of any firearms possessed or controlled by the defendant are | 71 |
........................ (listing of applicable firearms). | 72 |
I understand that I must appear before the court, at a time | 73 |
set by the court within twenty-four hours after the filing of this | 74 |
motion, for a hearing on the motion or that, if I am unable to | 75 |
appear because of hospitalization or a medical condition resulting | 76 |
from the offense alleged in the complaint, a person who can | 77 |
provide information about my need for a temporary protection order | 78 |
must appear before the court in lieu of my appearing in court. I | 79 |
understand that any temporary protection order granted pursuant to | 80 |
this motion is a pretrial condition of release and is effective | 81 |
only until the disposition of the criminal proceeding arising out | 82 |
of the attached complaint, or the issuance of a civil protection | 83 |
order or the approval of a consent agreement, arising out of the | 84 |
same activities as those that were the basis of the complaint, | 85 |
under section 3113.31 of the Revised Code. | 86 |
.......................................... | 87 |
Signature of person | 88 |
(or signature of the arresting officer who filed the motion on | 89 |
behalf of the alleged victim) | 90 |
.......................................... | 91 |
Address of person (or office address of the arresting officer who | 92 |
filed the motion on behalf of the alleged victim)" | 93 |
(C)(1) As soon as possible after the filing of a motion that | 94 |
requests the issuance of a temporary protection order, but not | 95 |
later than twenty-four hours after the filing of the motion, the | 96 |
court shall conduct a hearing to determine whether to issue the | 97 |
order. The person who requested the order shall appear before the | 98 |
court and provide the court with the information that it requests | 99 |
concerning the basis of the motion. If the person who requested | 100 |
the order is unable to appear and if the court finds that the | 101 |
failure to appear is because of the person's hospitalization or | 102 |
medical condition resulting from the offense alleged in the | 103 |
complaint, another person who is able to provide the court with | 104 |
the information it requests may appear in lieu of the person who | 105 |
requested the order. If the court finds that the safety and | 106 |
protection of the complainant, alleged victim, or any other family | 107 |
or household member of the alleged victim may be impaired by the | 108 |
continued presence of the alleged offender, the court may issue a | 109 |
temporary protection order, as a pretrial condition of release, | 110 |
that contains terms designed to ensure the safety and protection | 111 |
of the complainant, alleged victim, or the family or household | 112 |
member, including a requirement that the alleged offender refrain | 113 |
from entering the residence, school, business, or place of | 114 |
employment of the complainant, alleged victim, or the family or | 115 |
household member. | 116 |
(2)(a) If the court issues a temporary protection order that | 117 |
includes a requirement that the alleged offender refrain from | 118 |
entering the residence, school, business, or place of employment | 119 |
of the complainant, the alleged victim, or the family or household | 120 |
member, the order shall state clearly that the order cannot be | 121 |
waived or nullified by an invitation to the alleged offender from | 122 |
the complainant, alleged victim, or family or household member to | 123 |
enter the residence, school, business, or place of employment or | 124 |
by the alleged offender's entry into one of those places otherwise | 125 |
upon the consent of the complainant, alleged victim, or family or | 126 |
household member. | 127 |
(b) Division (C)(2)(a) of this section does not limit any | 128 |
discretion of a court to determine that an alleged offender | 129 |
charged with a violation of section 2919.27 of the Revised Code, | 130 |
with a violation of a municipal ordinance substantially equivalent | 131 |
to that section, or with contempt of court, which charge is based | 132 |
on an alleged violation of a temporary protection order issued | 133 |
under this section, did not commit the violation or was not in | 134 |
contempt of court. | 135 |
(D)(1) Upon the filing of a complaint that alleges a | 136 |
violation of section 2909.06, 2909.07, 2911.12, or 2911.211 of the | 137 |
Revised Code if the alleged victim of the violation was a family | 138 |
or household member at the time of the violation, a violation of a | 139 |
municipal ordinance that is substantially similar to any of those | 140 |
sections if the alleged victim of the violation was a family or | 141 |
household member at the time of the violation, any offense of | 142 |
violence if the alleged victim of the offense was a family or | 143 |
household member at the time of the commission of the offense, or | 144 |
any sexually oriented offense if the alleged victim of the offense | 145 |
was a family or household member at the time of the commission of | 146 |
the offense, the court, upon its own motion, may issue a temporary | 147 |
protection order as a pretrial condition of release if it finds | 148 |
that the safety and protection of the complainant, alleged victim, | 149 |
or other family or household member of the alleged offender may be | 150 |
impaired by the continued presence of the alleged offender. | 151 |
(2) If the court issues a temporary protection order under | 152 |
this section as an ex parte order, it shall conduct, as soon as | 153 |
possible after the issuance of the order, a hearing in the | 154 |
presence of the alleged offender not later than the next day on | 155 |
which the court is scheduled to conduct business after the day on | 156 |
which the alleged offender was arrested or at the time of the | 157 |
appearance of the alleged offender pursuant to summons to | 158 |
determine whether the order should remain in effect, be modified, | 159 |
or be revoked. The hearing shall be conducted under the standards | 160 |
set forth in division (C) of this section. | 161 |
(3) An order issued under this section shall contain only | 162 |
those terms authorized in orders issued under division (C) of this | 163 |
section and those terms specified in section 2919.261 of the | 164 |
Revised Code. | 165 |
(4) If a municipal court or a county court issues a temporary | 166 |
protection order under this section and if, subsequent to the | 167 |
issuance of the order, the alleged offender who is the subject of | 168 |
the order is bound over to the court of common pleas for | 169 |
prosecution of a felony arising out of the same activities as | 170 |
those that were the basis of the complaint upon which the order is | 171 |
based, notwithstanding the fact that the order was issued by a | 172 |
municipal court or county court, the order shall remain in effect, | 173 |
as though it were an order of the court of common pleas, while the | 174 |
charges against the alleged offender are pending in the court of | 175 |
common pleas, for the period of time described in division (E)(2) | 176 |
of this section, and the court of common pleas has exclusive | 177 |
jurisdiction to modify the order issued by the municipal court or | 178 |
county court. This division applies when the alleged offender is | 179 |
bound over to the court of common pleas as a result of the person | 180 |
waiving a preliminary hearing on the felony charge, as a result of | 181 |
the municipal court or county court having determined at a | 182 |
preliminary hearing that there is probable cause to believe that | 183 |
the felony has been committed and that the alleged offender | 184 |
committed it, as a result of the alleged offender having been | 185 |
indicted for the felony, or in any other manner. | 186 |
(E) A temporary protection order that is issued as a pretrial | 187 |
condition of release under this section: | 188 |
(1) Is in addition to, but shall not be construed as a part | 189 |
of, any bail set under Criminal Rule 46; | 190 |
(2) Is effective only until the occurrence of either of the | 191 |
following: | 192 |
(a) The disposition, by the court that issued the order or, | 193 |
in the circumstances described in division (D)(4) of this section, | 194 |
by the court of common pleas to which the alleged offender is | 195 |
bound over for prosecution, of the criminal proceeding arising out | 196 |
of the complaint upon which the order is based; | 197 |
(b) The issuance of a protection order or the approval of a | 198 |
consent agreement, arising out of the same activities as those | 199 |
that were the basis of the complaint upon which the order is | 200 |
based, under section 3113.31 of the Revised Code; | 201 |
(3) Shall not be construed as a finding that the alleged | 202 |
offender committed the alleged offense, and shall not be | 203 |
introduced as evidence of the commission of the offense at the | 204 |
trial of the alleged offender on the complaint upon which the | 205 |
order is based. | 206 |
(F) A person who meets the criteria for bail under Criminal | 207 |
Rule 46 and who, if required to do so pursuant to that rule, | 208 |
executes or posts bond or deposits cash or securities as bail, | 209 |
shall not be held in custody pending a hearing before the court on | 210 |
a motion requesting a temporary protection order. | 211 |
(G)(1) A copy of any temporary protection order that is | 212 |
issued under this section shall be issued by the court to the | 213 |
complainant, to the alleged victim, to the person who requested | 214 |
the order, to the defendant, and to all law enforcement agencies | 215 |
that have jurisdiction to enforce the order. The court shall | 216 |
direct that a copy of the order be delivered to the defendant on | 217 |
the same day that the order is entered. If a municipal court or a | 218 |
county court issues a temporary protection order under this | 219 |
section and if, subsequent to the issuance of the order, the | 220 |
defendant who is the subject of the order is bound over to the | 221 |
court of common pleas for prosecution as described in division | 222 |
(D)(4) of this section, the municipal court or county court shall | 223 |
direct that a copy of the order be delivered to the court of | 224 |
common pleas to which the defendant is bound over. | 225 |
(2) | 226 |
of section 2919.261 of the Revised Code, upon the issuance of a | 227 |
protection order under this section, the court shall provide the | 228 |
parties to the order with the following notice orally or by form: | 229 |
230 | |
As a result of this protection order, it may be unlawful for | 231 |
you to possess or purchase a firearm, including a rifle, pistol, | 232 |
or revolver, or ammunition pursuant to federal law under 18 U.S.C. | 233 |
922(g)(8). If you have any questions whether this law makes it | 234 |
illegal for you to possess or purchase a firearm or ammunition, | 235 |
you should consult an attorney." | 236 |
(3) All law enforcement agencies shall establish and maintain | 237 |
an index for the temporary protection orders delivered to the | 238 |
agencies pursuant to division (G)(1) of this section. With respect | 239 |
to each order delivered, each agency shall note on the index, the | 240 |
date and time of the receipt of the order by the agency. | 241 |
(4) A complainant, alleged victim, or other person who | 242 |
obtains a temporary protection order under this section may | 243 |
provide notice of the issuance of the temporary protection order | 244 |
to the judicial and law enforcement officials in any county other | 245 |
than the county in which the order is issued by registering that | 246 |
order in the other county in accordance with division (N) of | 247 |
section 3113.31 of the Revised Code and filing a copy of the | 248 |
registered protection order with a law enforcement agency in the | 249 |
other county in accordance with that division. | 250 |
(5) Any officer of a law enforcement agency shall enforce a | 251 |
temporary protection order issued by any court in this state in | 252 |
accordance with the provisions of the order, including removing | 253 |
the defendant from the premises, regardless of whether the order | 254 |
is registered in the county in which the officer's agency has | 255 |
jurisdiction as authorized by division (G)(4) of this section. | 256 |
(H) Upon a violation of a temporary protection order, the | 257 |
court may issue another temporary protection order, as a pretrial | 258 |
condition of release, that modifies the terms of the order that | 259 |
was violated. | 260 |
(I)(1) As used in divisions (I)(1) and (2) of this section, | 261 |
"defendant" means a person who is alleged in a complaint to have | 262 |
committed a violation, offense of violence, or sexually oriented | 263 |
offense of the type described in division (A) of this section. | 264 |
(2) If a complaint is filed that alleges that a person | 265 |
committed a violation, offense of violence, or sexually oriented | 266 |
offense of the type described in division (A) of this section, the | 267 |
court may not issue a temporary protection order under this | 268 |
section that requires the complainant, the alleged victim, or | 269 |
another family or household member of the defendant to do or | 270 |
refrain from doing an act that the court may require the defendant | 271 |
to do or refrain from doing under a temporary protection order | 272 |
unless both of the following apply: | 273 |
(a) The defendant has filed a separate complaint that alleges | 274 |
that the complainant, alleged victim, or other family or household | 275 |
member in question who would be required under the order to do or | 276 |
refrain from doing the act committed a violation or offense of | 277 |
violence of the type described in division (A) of this section. | 278 |
(b) The court determines that both the complainant, alleged | 279 |
victim, or other family or household member in question who would | 280 |
be required under the order to do or refrain from doing the act | 281 |
and the defendant acted primarily as aggressors, that neither the | 282 |
complainant, alleged victim, or other family or household member | 283 |
in question who would be required under the order to do or refrain | 284 |
from doing the act nor the defendant acted primarily in | 285 |
self-defense, and, in accordance with the standards and criteria | 286 |
of this section as applied in relation to the separate complaint | 287 |
filed by the defendant, that it should issue the order to require | 288 |
the complainant, alleged victim, or other family or household | 289 |
member in question to do or refrain from doing the act. | 290 |
(J) Notwithstanding any provision of law to the contrary and | 291 |
regardless of whether a protection order is issued or a consent | 292 |
agreement is approved by a court of another county or a court of | 293 |
another state, no court or unit of state or local government shall | 294 |
charge any fee, cost, deposit, or money in connection with the | 295 |
filing of a motion pursuant to this section, in connection with | 296 |
the filing, issuance, registration, or service of a protection | 297 |
order or consent agreement, or for obtaining a certified copy of a | 298 |
protection order or consent agreement. | 299 |
(K) As used in this section: | 300 |
(1) "Sexually oriented offense" has the same meaning as in | 301 |
section 2950.01 of the Revised Code. | 302 |
(2) "Victim advocate" means a person who provides support and | 303 |
assistance for a victim of an offense during court proceedings. | 304 |
Sec. 2919.261. (A) An alleged victim or arresting officer | 305 |
who moves for a temporary protection order pursuant to section | 306 |
2919.26 of the Revised Code shall describe in the motion the | 307 |
number, types, and locations of any firearms presently known by | 308 |
the movant to be possessed or controlled by the defendant. | 309 |
(B) A temporary order issued pursuant to section 2919.26 of | 310 |
the Revised Code shall prohibit the defendant from owning, | 311 |
possessing, purchasing, or receiving a firearm or ammunition while | 312 |
that order is in effect. The order shall include or be accompanied | 313 |
by a written notice that states the defendant's obligations under | 314 |
this section, including the specific date by which any firearms | 315 |
must be surrendered. | 316 |
(C) A defendant who is served with an order and notice | 317 |
described in division (B) of this section shall promptly surrender | 318 |
any firearms in or subject to the defendant's immediate possession | 319 |
or control. If the order and notice are served by a law | 320 |
enforcement officer and the officer requests the surrender to the | 321 |
officer of any firearms, the defendant shall immediately surrender | 322 |
the firearms in a safe manner to the officer. If the order and | 323 |
notice are not served by a law enforcement officer or the officer | 324 |
does not request surrender to the officer of any firearms, the | 325 |
defendant shall surrender any firearms within twenty-four hours | 326 |
after service of the order and notice by surrendering the firearms | 327 |
in a safe manner to a law enforcement officer or by selling the | 328 |
firearms to a federally licensed firearms dealer. An officer or | 329 |
dealer who takes possession of a firearm pursuant to this section | 330 |
shall give a receipt for the firearm to the defendant at the time | 331 |
of surrender or sale. | 332 |
(D) Within forty-eight hours after being served with the | 333 |
order and notice described in division (B) of this section, the | 334 |
defendant shall do both of the following: | 335 |
(1) File with the court that issued the order the receipt | 336 |
showing that the firearm was surrendered to a law enforcement | 337 |
officer or sold to a federally licensed firearms dealer; | 338 |
(2) File a copy of the receipt with the law enforcement | 339 |
agency that employs the officer who served the order and notice | 340 |
or, if someone other than a law enforcement officer served the | 341 |
order and notice, with the municipal law enforcement agency having | 342 |
jurisdiction over the place where the order and notice were served | 343 |
or, if that place is in an unincorporated area, with the sheriff | 344 |
having jurisdiction over that place. | 345 |
(E) A law enforcement agency may charge the defendant a fee | 346 |
for the storage of any firearm surrendered pursuant to this | 347 |
section. This fee shall not exceed the costs incurred by the | 348 |
agency that are directly related to taking possession of and | 349 |
storing the firearm and either returning the firearm to the | 350 |
defendant or selling it to a federally licensed firearms dealer. | 351 |
(F)(1) Within five days after the expiration of an order | 352 |
described in division (B) of this section, a law enforcement | 353 |
agency having custody of a firearm surrendered pursuant to the | 354 |
order shall return the firearm to the defendant, unless another | 355 |
protection order has been issued that prohibits the defendant from | 356 |
possessing a firearm or the agency determines that the firearm has | 357 |
been stolen or that the defendant is prohibited from possessing a | 358 |
firearm under state or federal law. | 359 |
(2)(a) If a law enforcement agency determines that the | 360 |
defendant is the legal owner of any firearm deposited with the | 361 |
agency and is prohibited from possessing any firearm, the | 362 |
defendant may make one sale of all of the defendant's firearms | 363 |
that are in the custody of the agency to a federally licensed | 364 |
firearms dealer while the order remains in effect. Within five | 365 |
days after a dealer presents the agency with a bill of sale | 366 |
indicating that the defendant has sold to the dealer all of the | 367 |
defendant's firearms that are in the agency's custody, the agency | 368 |
shall give possession of those firearms to the dealer. | 369 |
(b) If a law enforcement agency determines that the defendant | 370 |
is not the legal owner of any firearm deposited with the agency, | 371 |
the agency shall make a reasonable attempt to identify and return | 372 |
the firearm to the legal owner. If the agency cannot identify the | 373 |
legal owner or if the owner is prohibited from possessing a | 374 |
firearm, the agency shall treat the firearm as unclaimed property | 375 |
and dispose of it accordingly. | 376 |
(G)(1) In a temporary order issued pursuant to section | 377 |
2919.26 of the Revised Code, a court may grant an exemption from | 378 |
the requirement that the defendant surrender any firearms if the | 379 |
defendant can show that a particular firearm is necessary as a | 380 |
condition of the defendant's continued employment and that the | 381 |
current employer is unable to reassign the defendant to another | 382 |
position where a firearm is unnecessary. If the court grants an | 383 |
exemption, the order shall provide that the defendant shall have | 384 |
physical possession of the firearm only during scheduled work | 385 |
hours and during travel to and from the defendant's place of | 386 |
employment. | 387 |
(2) If the defendant is a peace officer who must carry a | 388 |
firearm as a condition of employment and whose personal safety | 389 |
depends on the ability to carry a firearm, a court may allow the | 390 |
defendant to carry a firearm while on or off duty if, after a | 391 |
psychological evaluation of the defendant, the court finds by a | 392 |
preponderance of the evidence that the officer does not pose a | 393 |
threat of harm. The court may require the peace officer to enter | 394 |
into counseling or other remedial treatment program to deal with | 395 |
any propensity for domestic violence. | 396 |
(3) If the defendant notifies the court that the defendant | 397 |
owns a firearm that is not in the defendant's immediate | 398 |
possession, the court may limit the order to exclude that firearm | 399 |
if the court is satisfied the defendant is unable to gain access | 400 |
to that firearm while the protective order is in effect. | 401 |
(H) If the defendant refuses to relinquish possession of any | 402 |
firearm on the grounds that such relinquishment would constitute | 403 |
self-incrimination in violation of the United States Constitution | 404 |
or Ohio Constitution, the court may grant use immunity for the act | 405 |
of relinquishing the firearm. | 406 |
Sec. 3113.31. (A) As used in this section: | 407 |
(1) "Domestic violence" means the occurrence of one or more | 408 |
of the following acts against a family or household member: | 409 |
(a) Attempting to cause or recklessly causing bodily injury; | 410 |
(b) Placing another person by the threat of force in fear of | 411 |
imminent serious physical harm or committing a violation of | 412 |
section 2903.211 or 2911.211 of the Revised Code; | 413 |
(c) Committing any act with respect to a child that would | 414 |
result in the child being an abused child, as defined in section | 415 |
2151.031 of the Revised Code; | 416 |
(d) Committing a sexually oriented offense. | 417 |
(2) "Court" means the domestic relations division of the | 418 |
court of common pleas in counties that have a domestic relations | 419 |
division and the court of common pleas in counties that do not | 420 |
have a domestic relations division, or the juvenile division of | 421 |
the court of common pleas of the county in which the person to be | 422 |
protected by a protection order issued or a consent agreement | 423 |
approved under this section resides if the respondent is less than | 424 |
eighteen years of age. | 425 |
(3) "Family or household member" means any of the following: | 426 |
(a) Any of the following who is residing with or has resided | 427 |
with the respondent: | 428 |
(i) A spouse, a person living as a spouse, or a former spouse | 429 |
of the respondent; | 430 |
(ii) A parent, a foster parent, or a child of the respondent, | 431 |
or another person related by consanguinity or affinity to the | 432 |
respondent; | 433 |
(iii) A parent or a child of a spouse, person living as a | 434 |
spouse, or former spouse of the respondent, or another person | 435 |
related by consanguinity or affinity to a spouse, person living as | 436 |
a spouse, or former spouse of the respondent. | 437 |
(b) The natural parent of any child of whom the respondent is | 438 |
the other natural parent or is the putative other natural parent. | 439 |
(4) "Person living as a spouse" means a person who is living | 440 |
or has lived with the respondent in a common law marital | 441 |
relationship, who otherwise is cohabiting with the respondent, or | 442 |
who otherwise has cohabited with the respondent within five years | 443 |
prior to the date of the alleged occurrence of the act in | 444 |
question. | 445 |
(5) "Victim advocate" means a person who provides support and | 446 |
assistance for a person who files a petition under this section. | 447 |
(6) "Sexually oriented offense" has the same meaning as in | 448 |
section 2950.01 of the Revised Code. | 449 |
(B) The court has jurisdiction over all proceedings under | 450 |
this section. The petitioner's right to relief under this section | 451 |
is not affected by the petitioner's leaving the residence or | 452 |
household to avoid further domestic violence. | 453 |
(C) A person may seek relief under this section on the | 454 |
person's own behalf, or any parent or adult household member may | 455 |
seek relief under this section on behalf of any other family or | 456 |
household member, by filing a petition with the court. The | 457 |
petition shall contain or state: | 458 |
(1) An allegation that the respondent engaged in domestic | 459 |
violence against a family or household member of the respondent, | 460 |
including a description of the nature and extent of the domestic | 461 |
violence; | 462 |
(2) The relationship of the respondent to the petitioner, and | 463 |
to the victim if other than the petitioner; | 464 |
(3) If the petitioner requests an ex parte order, a statement | 465 |
of the number, types, and locations of any firearms known by the | 466 |
petitioner to be possessed or controlled by the respondent; | 467 |
(4) A request for relief under this section. | 468 |
(D)(1) If a person who files a petition pursuant to this | 469 |
section requests an ex parte order, the court shall hold an ex | 470 |
parte hearing on the same day that the petition is filed. The | 471 |
court, for good cause shown at the ex parte hearing, may enter any | 472 |
temporary orders, with or without bond, including, but not limited | 473 |
to, an order described in division (E)(1)(a), (b), or (c) of this | 474 |
section, that the court finds necessary to protect the family or | 475 |
household member from domestic violence. If the court issues any | 476 |
such order, the order also shall include the terms specified in | 477 |
section 3113.311 of the Revised Code. Immediate and present danger | 478 |
of domestic violence to the family or household member constitutes | 479 |
good cause for purposes of this section. Immediate and present | 480 |
danger includes, but is not limited to, situations in which the | 481 |
respondent has threatened the family or household member with | 482 |
bodily harm, in which the respondent has threatened the family or | 483 |
household member with a sexually oriented offense, or in which the | 484 |
respondent previously has been convicted of, pleaded guilty to, or | 485 |
been adjudicated a delinquent child for an offense that | 486 |
constitutes domestic violence against the family or household | 487 |
member. | 488 |
(2)(a) If the court, after an ex parte hearing, issues an | 489 |
order described in division (E)(1)(b) or (c) of this section, the | 490 |
court shall schedule a full hearing for a date that is within | 491 |
seven court days after the ex parte hearing. If any other type of | 492 |
protection order that is authorized under division (E) of this | 493 |
section is issued by the court after an ex parte hearing, the | 494 |
court shall schedule a full hearing for a date that is within ten | 495 |
court days after the ex parte hearing. The court shall give the | 496 |
respondent notice of, and an opportunity to be heard at, the full | 497 |
hearing. The court shall hold the full hearing on the date | 498 |
scheduled under this division unless the court grants a | 499 |
continuance of the hearing in accordance with this division. Under | 500 |
any of the following circumstances or for any of the following | 501 |
reasons, the court may grant a continuance of the full hearing to | 502 |
a reasonable time determined by the court: | 503 |
(i) Prior to the date scheduled for the full hearing under | 504 |
this division, the respondent has not been served with the | 505 |
petition filed pursuant to this section and notice of the full | 506 |
hearing. | 507 |
(ii) The parties consent to the continuance. | 508 |
(iii) The continuance is needed to allow a party to obtain | 509 |
counsel. | 510 |
(iv) The continuance is needed for other good cause. | 511 |
(b) An ex parte order issued under this section does not | 512 |
expire because of a failure to serve notice of the full hearing | 513 |
upon the respondent before the date set for the full hearing under | 514 |
division (D)(2)(a) of this section or because the court grants a | 515 |
continuance under that division. | 516 |
(3) If a person who files a petition pursuant to this section | 517 |
does not request an ex parte order, or if a person requests an ex | 518 |
parte order but the court does not issue an ex parte order after | 519 |
an ex parte hearing, the court shall proceed as in a normal civil | 520 |
action and grant a full hearing on the matter. | 521 |
(E)(1) After an ex parte or full hearing, the court may grant | 522 |
any protection order, with or without bond, or approve any consent | 523 |
agreement to bring about a cessation of domestic violence against | 524 |
the family or household members. The order or agreement may: | 525 |
(a) Direct the respondent to refrain from abusing or from | 526 |
committing sexually oriented offenses against the family or | 527 |
household members; | 528 |
(b) Grant possession of the residence or household to the | 529 |
petitioner or other family or household member, to the exclusion | 530 |
of the respondent, by evicting the respondent, when the residence | 531 |
or household is owned or leased solely by the petitioner or other | 532 |
family or household member, or by ordering the respondent to | 533 |
vacate the premises, when the residence or household is jointly | 534 |
owned or leased by the respondent, and the petitioner or other | 535 |
family or household member; | 536 |
(c) When the respondent has a duty to support the petitioner | 537 |
or other family or household member living in the residence or | 538 |
household and the respondent is the sole owner or lessee of the | 539 |
residence or household, grant possession of the residence or | 540 |
household to the petitioner or other family or household member, | 541 |
to the exclusion of the respondent, by ordering the respondent to | 542 |
vacate the premises, or, in the case of a consent agreement, allow | 543 |
the respondent to provide suitable, alternative housing; | 544 |
(d) Temporarily allocate parental rights and responsibilities | 545 |
for the care of, or establish temporary parenting time rights with | 546 |
regard to, minor children, if no other court has determined, or is | 547 |
determining, the allocation of parental rights and | 548 |
responsibilities for the minor children or parenting time rights; | 549 |
(e) Require the respondent to maintain support, if the | 550 |
respondent customarily provides for or contributes to the support | 551 |
of the family or household member, or if the respondent has a duty | 552 |
to support the petitioner or family or household member; | 553 |
(f) Require the respondent, petitioner, victim of domestic | 554 |
violence, or any combination of those persons, to seek counseling; | 555 |
(g) Require the respondent to refrain from entering the | 556 |
residence, school, business, or place of employment of the | 557 |
petitioner or family or household member; | 558 |
(h) Grant other relief that the court considers equitable and | 559 |
fair, including, but not limited to, ordering the respondent to | 560 |
permit the use of a motor vehicle by the petitioner or other | 561 |
family or household member and the apportionment of household and | 562 |
family personal property. | 563 |
(2) If a protection order has been issued pursuant to this | 564 |
section in a prior action involving the respondent and the | 565 |
petitioner or one or more of the family or household members or | 566 |
victims, the court may include in a protection order that it | 567 |
issues a prohibition against the respondent returning to the | 568 |
residence or household. If it includes a prohibition against the | 569 |
respondent returning to the residence or household in the order, | 570 |
it also shall include in the order provisions of the type | 571 |
described in division (E)(7) of this section. This division does | 572 |
not preclude the court from including in a protection order or | 573 |
consent agreement, in circumstances other than those described in | 574 |
this division, a requirement that the respondent be evicted from | 575 |
or vacate the residence or household or refrain from entering the | 576 |
residence, school, business, or place of employment of the | 577 |
petitioner or a family or household member, and, if the court | 578 |
includes any requirement of that type in an order or agreement, | 579 |
the court also shall include in the order provisions of the type | 580 |
described in division (E)(7) of this section. | 581 |
(3)(a) Any protection order issued or consent agreement | 582 |
approved under this section shall be valid until a date certain, | 583 |
but not later than five years from the date of its issuance or | 584 |
approval, or not later than the date a respondent who is less than | 585 |
eighteen years of age attains nineteen years of age, unless | 586 |
modified or terminated as provided in division (E)(8) of this | 587 |
section. | 588 |
(b) Subject to the limitation on the duration of an order or | 589 |
agreement set forth in division (E)(3)(a) of this section, any | 590 |
order under division (E)(1)(d) of this section shall terminate on | 591 |
the date that a court in an action for divorce, dissolution of | 592 |
marriage, or legal separation brought by the petitioner or | 593 |
respondent issues an order allocating parental rights and | 594 |
responsibilities for the care of children or on the date that a | 595 |
juvenile court in an action brought by the petitioner or | 596 |
respondent issues an order awarding legal custody of minor | 597 |
children. Subject to the limitation on the duration of an order or | 598 |
agreement set forth in division (E)(3)(a) of this section, any | 599 |
order under division (E)(1)(e) of this section shall terminate on | 600 |
the date that a court in an action for divorce, dissolution of | 601 |
marriage, or legal separation brought by the petitioner or | 602 |
respondent issues a support order or on the date that a juvenile | 603 |
court in an action brought by the petitioner or respondent issues | 604 |
a support order. | 605 |
(c) Any protection order issued or consent agreement approved | 606 |
pursuant to this section may be renewed in the same manner as the | 607 |
original order or agreement was issued or approved. | 608 |
(4) A court may not issue a protection order that requires a | 609 |
petitioner to do or to refrain from doing an act that the court | 610 |
may require a respondent to do or to refrain from doing under | 611 |
division (E)(1)(a), (b), (c), (d), (e), (g), or (h) of this | 612 |
section unless all of the following apply: | 613 |
(a) The respondent files a separate petition for a protection | 614 |
order in accordance with this section. | 615 |
(b) The petitioner is served notice of the respondent's | 616 |
petition at least forty-eight hours before the court holds a | 617 |
hearing with respect to the respondent's petition, or the | 618 |
petitioner waives the right to receive this notice. | 619 |
(c) If the petitioner has requested an ex parte order | 620 |
pursuant to division (D) of this section, the court does not delay | 621 |
any hearing required by that division beyond the time specified in | 622 |
that division in order to consolidate the hearing with a hearing | 623 |
on the petition filed by the respondent. | 624 |
(d) After a full hearing at which the respondent presents | 625 |
evidence in support of the request for a protection order and the | 626 |
petitioner is afforded an opportunity to defend against that | 627 |
evidence, the court determines that the petitioner has committed | 628 |
an act of domestic violence or has violated a temporary protection | 629 |
order issued pursuant to section 2919.26 of the Revised Code, that | 630 |
both the petitioner and the respondent acted primarily as | 631 |
aggressors, and that neither the petitioner nor the respondent | 632 |
acted primarily in self-defense. | 633 |
(5) No protection order issued or consent agreement approved | 634 |
under this section shall in any manner affect title to any real | 635 |
property. | 636 |
(6)(a) If a petitioner, or the child of a petitioner, who | 637 |
obtains a protection order or consent agreement pursuant to | 638 |
division (E)(1) of this section or a temporary protection order | 639 |
pursuant to section 2919.26 of the Revised Code and is the subject | 640 |
of a parenting time order issued pursuant to section 3109.051 or | 641 |
3109.12 of the Revised Code or a visitation or companionship order | 642 |
issued pursuant to section 3109.051, 3109.11, or 3109.12 of the | 643 |
Revised Code or division (E)(1)(d) of this section granting | 644 |
parenting time rights to the respondent, the court may require the | 645 |
public children services agency of the county in which the court | 646 |
is located to provide supervision of the respondent's exercise of | 647 |
parenting time or visitation or companionship rights with respect | 648 |
to the child for a period not to exceed nine months, if the court | 649 |
makes the following findings of fact: | 650 |
(i) The child is in danger from the respondent; | 651 |
(ii) No other person or agency is available to provide the | 652 |
supervision. | 653 |
(b) A court that requires an agency to provide supervision | 654 |
pursuant to division (E)(6)(a) of this section shall order the | 655 |
respondent to reimburse the agency for the cost of providing the | 656 |
supervision, if it determines that the respondent has sufficient | 657 |
income or resources to pay that cost. | 658 |
(7)(a) If a protection order issued or consent agreement | 659 |
approved under this section includes a requirement that the | 660 |
respondent be evicted from or vacate the residence or household or | 661 |
refrain from entering the residence, school, business, or place of | 662 |
employment of the petitioner or a family or household member, the | 663 |
order or agreement shall state clearly that the order or agreement | 664 |
cannot be waived or nullified by an invitation to the respondent | 665 |
from the petitioner or other family or household member to enter | 666 |
the residence, school, business, or place of employment or by the | 667 |
respondent's entry into one of those places otherwise upon the | 668 |
consent of the petitioner or other family or household member. | 669 |
(b) Division (E)(7)(a) of this section does not limit any | 670 |
discretion of a court to determine that a respondent charged with | 671 |
a violation of section 2919.27 of the Revised Code, with a | 672 |
violation of a municipal ordinance substantially equivalent to | 673 |
that section, or with contempt of court, which charge is based on | 674 |
an alleged violation of a protection order issued or consent | 675 |
agreement approved under this section, did not commit the | 676 |
violation or was not in contempt of court. | 677 |
(8)(a) The court may modify or terminate as provided in | 678 |
division (E)(8) of this section a protection order or consent | 679 |
agreement that was issued after a full hearing under this section. | 680 |
The court that issued the protection order or approved the consent | 681 |
agreement shall hear a motion for modification or termination of | 682 |
the protection order or consent agreement pursuant to division | 683 |
(E)(8) of this section. | 684 |
(b) Either the petitioner or the respondent of the original | 685 |
protection order or consent agreement may bring a motion for | 686 |
modification or termination of a protection order or consent | 687 |
agreement that was issued or approved after a full hearing. The | 688 |
court shall require notice of the motion to be made as provided by | 689 |
the Rules of Civil Procedure. If the petitioner for the original | 690 |
protection order or consent agreement has requested that the | 691 |
petitioner's address be kept confidential, the court shall not | 692 |
disclose the address to the respondent of the original protection | 693 |
order or consent agreement or any other person, except as | 694 |
otherwise required by law. The moving party has the burden of | 695 |
proof to show, by a preponderance of the evidence, that | 696 |
modification or termination of the protection order or consent | 697 |
agreement is appropriate because either the protection order or | 698 |
consent agreement is no longer needed or because the terms of the | 699 |
original protection order or consent agreement are no longer | 700 |
appropriate. | 701 |
(c) In considering whether to modify or terminate a | 702 |
protection order or consent agreement issued or approved under | 703 |
this section, the court shall consider all relevant factors, | 704 |
including, but not limited to, the following: | 705 |
(i) Whether the petitioner consents to modification or | 706 |
termination of the protection order or consent agreement; | 707 |
(ii) Whether the petitioner fears the respondent; | 708 |
(iii) The current nature of the relationship between the | 709 |
petitioner and the respondent; | 710 |
(iv) The circumstances of the petitioner and respondent, | 711 |
including the relative proximity of the petitioner's and | 712 |
respondent's workplaces and residences and whether the petitioner | 713 |
and respondent have minor children together; | 714 |
(v) Whether the respondent has complied with the terms and | 715 |
conditions of the original protection order or consent agreement; | 716 |
(vi) Whether the respondent has a continuing involvement with | 717 |
illegal drugs or alcohol; | 718 |
(vii) Whether the respondent has been convicted of, pleaded | 719 |
guilty to, or been adjudicated a delinquent child for an offense | 720 |
of violence since the issuance of the protection order or approval | 721 |
of the consent agreement; | 722 |
(viii) Whether any other protection orders, consent | 723 |
agreements, restraining orders, or no contact orders have been | 724 |
issued against the respondent pursuant to this section, section | 725 |
2919.26 of the Revised Code, any other provision of state law, or | 726 |
the law of any other state; | 727 |
(ix) Whether the respondent has participated in any domestic | 728 |
violence treatment, intervention program, or other counseling | 729 |
addressing domestic violence and whether the respondent has | 730 |
completed the treatment, program, or counseling; | 731 |
(x) The time that has elapsed since the protection order was | 732 |
issued or since the consent agreement was approved; | 733 |
(xi) The age and health of the respondent; | 734 |
(xii) When the last incident of abuse, threat of harm, or | 735 |
commission of a sexually oriented offense occurred or other | 736 |
relevant information concerning the safety and protection of the | 737 |
petitioner or other protected parties. | 738 |
(d) If a protection order or consent agreement is modified or | 739 |
terminated as provided in division (E)(8) of this section, the | 740 |
court shall issue copies of the modified or terminated order or | 741 |
agreement as provided in division (F) of this section. A | 742 |
petitioner may also provide notice of the modification or | 743 |
termination to the judicial and law enforcement officials in any | 744 |
county other than the county in which the order or agreement is | 745 |
modified or terminated as provided in division (N) of this | 746 |
section. | 747 |
(e) If the respondent moves for modification or termination | 748 |
of a protection order or consent agreement pursuant to this | 749 |
section, the court may assess costs against the respondent for the | 750 |
filing of the motion. | 751 |
(9) Any protection order issued or any consent agreement | 752 |
approved pursuant to this section shall include a provision that | 753 |
the court will automatically seal all of the records of the | 754 |
proceeding in which the order is issued or agreement approved on | 755 |
the date the respondent attains the age of nineteen years unless | 756 |
the petitioner provides the court with evidence that the | 757 |
respondent has not complied with all of the terms of the | 758 |
protection order or consent agreement. The protection order or | 759 |
consent agreement shall specify the date when the respondent | 760 |
attains the age of nineteen years. | 761 |
(F)(1) A copy of any protection order, or consent agreement, | 762 |
that is issued, approved, modified, or terminated under this | 763 |
section shall be issued by the court to the petitioner, to the | 764 |
respondent, and to all law enforcement agencies that have | 765 |
jurisdiction to enforce the order or agreement. The court shall | 766 |
direct that a copy of an order be delivered to the respondent on | 767 |
the same day that the order is entered. | 768 |
(2) | 769 |
of section 3113.311 of the Revised Code, upon the issuance of a | 770 |
protection order or the approval of a consent agreement under this | 771 |
section, the court shall provide the parties to the order or | 772 |
agreement with the following notice orally or by form: | 773 |
774 | |
As a result of this order or consent agreement, it may be | 775 |
unlawful for you to possess or purchase a firearm, including a | 776 |
rifle, pistol, or revolver, or ammunition pursuant to federal law | 777 |
under 18 U.S.C. 922(g)(8). If you have any questions whether this | 778 |
law makes it illegal for you to possess or purchase a firearm or | 779 |
ammunition, you should consult an attorney." | 780 |
(3) All law enforcement agencies shall establish and maintain | 781 |
an index for the protection orders and the approved consent | 782 |
agreements delivered to the agencies pursuant to division (F)(1) | 783 |
of this section. With respect to each order and consent agreement | 784 |
delivered, each agency shall note on the index the date and time | 785 |
that it received the order or consent agreement. | 786 |
(4) Regardless of whether the petitioner has registered the | 787 |
order or agreement in the county in which the officer's agency has | 788 |
jurisdiction pursuant to division (N) of this section, any officer | 789 |
of a law enforcement agency shall enforce a protection order | 790 |
issued or consent agreement approved by any court in this state in | 791 |
accordance with the provisions of the order or agreement, | 792 |
including removing the respondent from the premises, if | 793 |
appropriate. | 794 |
(G) Any proceeding under this section shall be conducted in | 795 |
accordance with the Rules of Civil Procedure, except that an order | 796 |
under this section may be obtained with or without bond. An order | 797 |
issued under this section, other than an ex parte order, that | 798 |
grants a protection order or approves a consent agreement, that | 799 |
refuses to grant a protection order or approve a consent agreement | 800 |
that modifies or terminates a protection order or consent | 801 |
agreement, or that refuses to modify or terminate a protection | 802 |
order or consent agreement, is a final, appealable order. The | 803 |
remedies and procedures provided in this section are in addition | 804 |
to, and not in lieu of, any other available civil or criminal | 805 |
remedies. | 806 |
(H) The filing of proceedings under this section does not | 807 |
excuse a person from filing any report or giving any notice | 808 |
required by section 2151.421 of the Revised Code or by any other | 809 |
law. When a petition under this section alleges domestic violence | 810 |
against minor children, the court shall report the fact, or cause | 811 |
reports to be made, to a county, township, or municipal peace | 812 |
officer under section 2151.421 of the Revised Code. | 813 |
(I) Any law enforcement agency that investigates a domestic | 814 |
dispute shall provide information to the family or household | 815 |
members involved regarding the relief available under this section | 816 |
and section 2919.26 of the Revised Code. | 817 |
(J) Notwithstanding any provision of law to the contrary and | 818 |
regardless of whether a protection order is issued or a consent | 819 |
agreement is approved by a court of another county or a court of | 820 |
another state, no court or unit of state or local government shall | 821 |
charge any fee, cost, deposit, or money in connection with the | 822 |
filing of a petition pursuant to this section or in connection | 823 |
with the filing, issuance, registration, or service of a | 824 |
protection order or consent agreement, or for obtaining a | 825 |
certified copy of a protection order or consent agreement. | 826 |
(K)(1) The court shall comply with Chapters 3119., 3121., | 827 |
3123., and 3125. of the Revised Code when it makes or modifies an | 828 |
order for child support under this section. | 829 |
(2) If any person required to pay child support under an | 830 |
order made under this section on or after April 15, 1985, or | 831 |
modified under this section on or after December 31, 1986, is | 832 |
found in contempt of court for failure to make support payments | 833 |
under the order, the court that makes the finding, in addition to | 834 |
any other penalty or remedy imposed, shall assess all court costs | 835 |
arising out of the contempt proceeding against the person and | 836 |
require the person to pay any reasonable attorney's fees of any | 837 |
adverse party, as determined by the court, that arose in relation | 838 |
to the act of contempt. | 839 |
(L)(1) A person who violates a protection order issued or a | 840 |
consent agreement approved under this section is subject to the | 841 |
following sanctions: | 842 |
(a) Criminal prosecution or a delinquent child proceeding for | 843 |
a violation of section 2919.27 of the Revised Code, if the | 844 |
violation of the protection order or consent agreement constitutes | 845 |
a violation of that section; | 846 |
(b) Punishment for contempt of court. | 847 |
(2) The punishment of a person for contempt of court for | 848 |
violation of a protection order issued or a consent agreement | 849 |
approved under this section does not bar criminal prosecution of | 850 |
the person or a delinquent child proceeding concerning the person | 851 |
for a violation of section 2919.27 of the Revised Code. However, a | 852 |
person punished for contempt of court is entitled to credit for | 853 |
the punishment imposed upon conviction of or adjudication as a | 854 |
delinquent child for a violation of that section, and a person | 855 |
convicted of or adjudicated a delinquent child for a violation of | 856 |
that section shall not subsequently be punished for contempt of | 857 |
court arising out of the same activity. | 858 |
(M) In all stages of a proceeding under this section, a | 859 |
petitioner may be accompanied by a victim advocate. | 860 |
(N)(1) A petitioner who obtains a protection order or consent | 861 |
agreement under this section or a temporary protection order under | 862 |
section 2919.26 of the Revised Code may provide notice of the | 863 |
issuance or approval of the order or agreement to the judicial and | 864 |
law enforcement officials in any county other than the county in | 865 |
which the order is issued or the agreement is approved by | 866 |
registering that order or agreement in the other county pursuant | 867 |
to division (N)(2) of this section and filing a copy of the | 868 |
registered order or registered agreement with a law enforcement | 869 |
agency in the other county in accordance with that division. A | 870 |
person who obtains a protection order issued by a court of another | 871 |
state may provide notice of the issuance of the order to the | 872 |
judicial and law enforcement officials in any county of this state | 873 |
by registering the order in that county pursuant to section | 874 |
2919.272 of the Revised Code and filing a copy of the registered | 875 |
order with a law enforcement agency in that county. | 876 |
(2) A petitioner may register a temporary protection order, | 877 |
protection order, or consent agreement in a county other than the | 878 |
county in which the court that issued the order or approved the | 879 |
agreement is located in the following manner: | 880 |
(a) The petitioner shall obtain a certified copy of the order | 881 |
or agreement from the clerk of the court that issued the order or | 882 |
approved the agreement and present that certified copy to the | 883 |
clerk of the court of common pleas or the clerk of a municipal | 884 |
court or county court in the county in which the order or | 885 |
agreement is to be registered. | 886 |
(b) Upon accepting the certified copy of the order or | 887 |
agreement for registration, the clerk of the court of common | 888 |
pleas, municipal court, or county court shall place an endorsement | 889 |
of registration on the order or agreement and give the petitioner | 890 |
a copy of the order or agreement that bears that proof of | 891 |
registration. | 892 |
(3) The clerk of each court of common pleas, the clerk of | 893 |
each municipal court, and the clerk of each county court shall | 894 |
maintain a registry of certified copies of temporary protection | 895 |
orders, protection orders, or consent agreements that have been | 896 |
issued or approved by courts in other counties and that have been | 897 |
registered with the clerk. | 898 |
(O) Nothing in this section prohibits the domestic relations | 899 |
division of a court of common pleas in counties that have a | 900 |
domestic relations division or a court of common pleas in counties | 901 |
that do not have a domestic relations division from designating a | 902 |
minor child as a protected party on a protection order or consent | 903 |
agreement. | 904 |
Sec. 3113.311. (A) A petitioner who requests an ex parte | 905 |
protection order pursuant to division (D)(1) of section 3113.31 of | 906 |
the Revised Code shall describe in the petition the number, types, | 907 |
and locations of any firearms presently known by the petitioner to | 908 |
be possessed or controlled by the respondent. | 909 |
(B) An ex parte protection order issued pursuant to division | 910 |
(D)(1) of section 3113.31 of the Revised Code shall prohibit the | 911 |
respondent from owning, possessing, purchasing, or receiving a | 912 |
firearm or ammunition while that order is in effect. The order | 913 |
shall include or be accompanied by a written notice that states | 914 |
the respondent's obligations under this section, including the | 915 |
specific date by which any firearms must be surrendered. | 916 |
(C) A respondent who is served with an order and notice | 917 |
described in division (B) of this section shall promptly surrender | 918 |
any firearms in or subject to the respondent's immediate | 919 |
possession or control. If the order and notice are served by a law | 920 |
enforcement officer and the officer requests the surrender to the | 921 |
officer of any firearms, the respondent shall immediately | 922 |
surrender the firearms in a safe manner to the officer. If the | 923 |
order and notice are not served by a law enforcement officer or | 924 |
the officer does not request surrender to the officer of any | 925 |
firearms, the respondent shall surrender any firearms within | 926 |
twenty-four hours after service of the order and notice by | 927 |
surrendering the firearms in a safe manner to a law enforcement | 928 |
officer or by selling the firearms to a federally licensed | 929 |
firearms dealer. An officer or dealer who takes possession of a | 930 |
firearm pursuant to this section shall give a receipt for the | 931 |
firearm to the respondent at the time of surrender or sale. | 932 |
(D) Within forty-eight hours after being served with the | 933 |
order and notice described in division (B) of this section, the | 934 |
respondent shall do both of the following: | 935 |
(1) File with the court that issued the order the receipt | 936 |
showing that the firearm was surrendered to a law enforcement | 937 |
officer or sold to a federally licensed firearms dealer; | 938 |
(2) File a copy of the receipt with the law enforcement | 939 |
agency that employs the officer who served the order and notice | 940 |
or, if someone other than a law enforcement officer served the | 941 |
order and notice, with the municipal law enforcement agency having | 942 |
jurisdiction over the place where the order and notice were served | 943 |
or, if that place is in an unincorporated area, with the sheriff | 944 |
having jurisdiction over that place. | 945 |
(E) A law enforcement agency may charge the respondent a fee | 946 |
for the storage of any firearm surrendered pursuant to this | 947 |
section. This fee shall not exceed the costs incurred by the | 948 |
agency that are directly related to taking possession of and | 949 |
storing the firearm and either returning the firearm to the | 950 |
respondent or selling it to a federally licensed firearms dealer. | 951 |
(F)(1) Within five days after the expiration of an order | 952 |
described in division (B) of this section, a law enforcement | 953 |
agency having custody of a firearm surrendered pursuant to the | 954 |
order shall return the firearm to the respondent, unless another | 955 |
protection order has been issued that prohibits the respondent | 956 |
from possessing a firearm or the agency determines that the | 957 |
firearm has been stolen or that the respondent is prohibited from | 958 |
possessing a firearm under state or federal law. | 959 |
(2)(a) If a law enforcement agency determines that the | 960 |
respondent is the legal owner of any firearm deposited with the | 961 |
agency and is prohibited from possessing any firearm, the | 962 |
respondent may make one sale of all of the defendant's firearms | 963 |
that are in the custody of the agency to a federally licensed | 964 |
firearms dealer while the order remains in effect. Within five | 965 |
days after a dealer presents the agency with a bill of sale | 966 |
indicating that the respondent has sold to the dealer all of the | 967 |
respondent's firearms that are in the agency's custody, the agency | 968 |
shall give possession of those firearms to the dealer. | 969 |
(b) If a law enforcement agency determines that the | 970 |
respondent is not the legal owner of any firearm deposited with | 971 |
the agency, the agency shall make a reasonable attempt to identify | 972 |
and return the firearm to the legal owner. If the agency cannot | 973 |
identify the legal owner or if the owner is prohibited from | 974 |
possessing a firearm, the agency shall treat the firearm as | 975 |
unclaimed property and dispose of it accordingly. | 976 |
(G)(1) In an ex parte protection order issued pursuant to | 977 |
division (D)(1) of section 3113.31 of the Revised Code, a court | 978 |
may grant an exemption from the requirement that the respondent | 979 |
surrender any firearms if the respondent can show that a | 980 |
particular firearm is necessary as a condition of the respondent's | 981 |
continued employment and that the current employer is unable to | 982 |
reassign the respondent to another position where a firearm is | 983 |
unnecessary. If the court grants an exemption, the order shall | 984 |
provide that the respondent shall have physical possession of the | 985 |
firearm only during scheduled work hours and during travel to and | 986 |
from the respondent's place of employment. | 987 |
(2) If the respondent is a peace officer who must carry a | 988 |
firearm as a condition of employment and whose personal safety | 989 |
depends on the ability to carry a firearm, a court may allow the | 990 |
respondent to carry a firearm while on or off duty if, after a | 991 |
psychological evaluation of the respondent, the court finds by a | 992 |
preponderance of the evidence that the officer does not pose a | 993 |
threat of harm. The court may require the peace officer to enter | 994 |
into counseling or other remedial treatment program to deal with | 995 |
any propensity for domestic violence. | 996 |
(3) If the respondent notifies the court that the respondent | 997 |
owns a firearm that is not in the respondent's immediate | 998 |
possession, the court may limit the order to exclude that firearm | 999 |
if the court is satisfied the respondent is unable to gain access | 1000 |
to that firearm while the protective order is in effect. | 1001 |
(H) If the respondent refuses to relinquish possession of any | 1002 |
firearm on the grounds that such relinquishment would constitute | 1003 |
self-incrimination in violation of the United States Constitution | 1004 |
or Ohio Constitution, the court may grant use immunity for the act | 1005 |
of relinquishing the firearm. | 1006 |
Section 2. That existing sections 2919.26 and 3113.31 of the | 1007 |
Revised Code are hereby repealed. | 1008 |