R.C. § 2903.214 Petition For Protection Order In Menacing By Stalking Cases

• Library: Ohio Statutes
• Edition: 2023
• Currency: Current with legislation from 2024 received as of February 15, 2024.
• Year: 2023
• Citation: R.C. § 2903.214

(A) As used in this section:

(1) "Court" means the court of common pleas of the county in which the person to be protected by the protection order resides.

(2) "Victim advocate" means a person who provides support and assistance for a person who files a petition under this section.

(3) "Family or household member" [has the same meaning as in section 3113.31 of the Revised Code]means any of the following:

(a) Any of the following who is residing with or has resided with the petitioner:

(i) A spouse, a person living as a spouse, or a former spouse of the petitioner;

(ii) A parent, a foster parent, or a child of the petitioner, or another person related by consanguinity or affinity to the petitioner;

(iii) A parent or a child of a spouse, person living as a spouse, or former spouse of the petitioner, or another person related by consanguinity or affinity to a spouse, person living as a spouse, or former spouse of the petitioner.

(b) The natural parent of any child of whom the petitioner is the other natural parent or is the putative other natural parent.

(4) "Person living as a spouse" means a person who is living or has lived with the petitioner in a common law marital relationship, who otherwise is cohabiting with the petitioner, or who otherwise has cohabited with the petitioner within five years prior to the date of the alleged occurrence of the act in question.

(5) "Protection order issued by a court of another state" has the same meaning as in section 2919.27 of the Revised Code.

[(5)] (6) "Sexually oriented offense" has the same meaning as in section 2950.01 of the Revised Code.

[(6)] (7) "Electronic monitoring" has the same meaning as in section 2929.01 of the Revised Code.

[(7)] (8) "Companion animal" has the same meaning as in section 959.131 of the Revised Code.

(B) The court has jurisdiction over all proceedings under this section.

(C) A person may seek relief under this section for the person, or any parent or adult household member may seek relief under this section on behalf of any other family or household member, by filing a petition with the court. The petition shall contain or state all of the following:

(1) An allegation that the respondent is eighteen years of age or older and engaged in a violation of section 2903.211 of the Revised Code against the person to be protected by the protection order or committed a sexually oriented offense against the person to be protected by the protection order, including a description of the nature and extent of the violation;

(2) If the petitioner seeks relief in the form of electronic monitoring of the respondent, an allegation that at any time preceding the filing of the petition the respondent engaged in conduct that would cause a reasonable person to believe that the health, welfare, or safety of the person to be protected was at risk, a description of the nature and extent of that conduct, and an allegation that the respondent presents a continuing danger to the person to be protected;

(3) A request for relief under this section.

(D)

(1) If a person who files a petition pursuant to this section requests an ex parte order, the court shall hold an ex parte hearing as soon as possible after the petition is filed, but not later than the next day that the court is in session after the petition is filed. The court, for good cause shown at the ex parte hearing, may enter any temporary orders, with or without bond, that the court finds necessary for the safety and protection of the person to be protected by the order. Immediate and present danger to the person to be protected by the protection order constitutes good cause for purposes of this section. Immediate and present danger includes, but is not limited to, situations in which the respondent has threatened the person to be protected by the protection order with bodily harm or in which the respondent previously has been convicted of or pleaded guilty to a violation of section 2903.211 of the Revised Code or a sexually oriented offense against the person to be protected by the protection order.