1998 022 Ordinance - Laserfiche WebLink

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537.15 TEMPORARY PROTECTION ORDER. (a) 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; (2) An anti-stalking protection order issued pursuant to Ohio R.C. 2903.213; (3) A protection order issued by a court of another state. (b) Whoever violates this section is guilty of violating a protection order. (1) If the offense involves a violation of subsection (a)(1) or (3) of this section, one of the following applies: A. Except as otherwise provided in subsection (b)(1)B. of this section, violating a protection order is a misdemeanor of the first degree. B. If the offender previously has been convicted of or pleaded guilty to two or more violations of Ohio R.C. 2903.211 or 2911.211 that involved the same person who is the subject of the protection order or consent agreement or previously has been convicted of or pleaded guilty to one or more violations of Ohio R.C. 2919.27, violating a protection order is a felony and shall be prosecuted under appropriate State law. (2) If the offense involves a violation of subsection (a)(2) of this section, one of the following applies: A. Except as otherwise provided in subsection (b)(2)B. of this section, violating a protection order is a misdemeanor of the first degree. B. If the offender previously has been convicted of or pleaded guilty to two or more violations of Ohio R.C. 2919.27 or of former Ohio R.C. 2919.27 involving ananti-stalking protection order, two or more violations of Ohio R.C. 2903.21, 2903.211, 2903.22, or 2911.211 that involved the same person who is the subject of the anti-stalking protection order, or two or more violations of Ohio R.C. 2903.214 as it existed prior to July 1, 1996, violating a protection order is a felony and shall be prosecuted under appropriate State law. (c) It is an affirmative defense to a charge under subsection (a)(3) 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). (d) As used in this section, "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 m 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. (ORC 2919.27) 1998 Replacement