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2004 004 Ordinance
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2004 004 Ordinance
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Last modified
11/19/2018 3:59:16 PM
Creation date
8/22/2018 4:50:52 AM
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Template:
Legislation-Meeting Minutes
Document Type
Ordinance
Number
004
Date
1/26/2004
Year
2004
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537.15 GENERAL OFFENSES CODE 102 <br />2. A parent or a child of the offender, or another person <br />related by consanguinity or affinity to the offender; <br />3. A parent, or a child of a spouse, person living as a spouse, <br />or former spouse of the offender; or another person related <br />by consanguinity or affinity to a spouse, person living as <br />a spouse or former spouse of the offender. <br />B. The natural parent of any child of whom the offender is the other <br />natural parent or is the putative other natural parent. <br />(2) "Person living as a spouse" means a person who is living or has lived with <br />the offender in a common law marital relationship, who otherwise is <br />cohabiting with the offender, or who otherwise has cohabited with the <br />offender within five years prior to the date of the alleged commission of <br />the act in question. (ORC 2919.25) <br />(g) The same relief available under the Ohio Revised Code for filing a complaint for <br />violation of Ohio R.C. 2919.25 shall be available for filing a complaint for violation of this <br />section. <br />537.15 TEMPORARY PROTECTION ORDER. <br />(a) No person shall recklessly violate the terms of any of the following: <br />(1) A protection order issued or consent agreement approved pursuant to Ohio <br />R.C. 2919.26 or 3113.31; <br />(2) A protection order issued pursuant to Ohio R.C. 2903.213 or 2903.214; <br />(3) A protection order issued by a_court of another state. . <br />(b) (1) Whoever violates this section is guilty of violating a protection order. <br />(2) Except as otherwise provided in subsection (b)(3). of this section, violating <br />a protection order is a misdemeanor of the first degree. <br />(3) If the offender previously has been convicted of or pleaded guilty to a <br />violation of a protection order issued pursuant to Ohio R.C. 2903.213 or <br />2903.214, two or more violations of Ohio R.C. 2903.21, 2903.211, <br />2903.22, or 2911.211 that involved the same person who is the subject of <br />the protection order or consent agreement, or one or more violations of this <br />section, violating a protection order is a felony and shall be prosecuted <br />under appropriate state law. <br />(4) If the offender violates a protection order or consent agreement while <br />committing a felony offense, violating a protection order is a felony and <br />shall be prosecuted under appropriate state law. <br />(c) It is an affirmative defense to a charge under subsection (a)(3) of this section that <br />the protection order issued by a court of another state does not comply with the requirements <br />specified in 18 U.S.C. 2265(b) for a protection order that must be accorded full faith and credit <br />by a court of this State or that it is not entitled to full faith and credit under 18 U.S.C. 2265(c). <br />(d) As used in this section, "protection order issued by a court of another state" means <br />an injunction or another order issued by a criminal court of another state for the purpose of <br />preventing violent or threatening acts or harassment against, contact or communication with, or <br />physical proximity to another person, including a temporary order, and means an injunction or <br />order of that nature issued by a civil court of another state, including a temporary order and a final <br />order issued in an independent action or as a pendente lite order in a proceeding for other relief, <br />if the court issued it in response to a complaint, petition or motion filed by or on behalf of a <br />person seeking protection. "Protection order issued by a court of another state" does not include <br />an order for support or for custody of a child. (ORC 2919.27) <br />2003 Replacement <br />
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