2006 Ohio Revised Code - 2919.27. Violating protection order.

§ 2919.27. Violating 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 section 2919.26 or 3113.31 of the Revised Code; 

(2) A protection order issued pursuant to section 2903.213 or 2903.214 [2903.21.3 or 2903.21.4] of the Revised Code; 

(3) A protection order issued by a court of another state. 

(B) (1)  Whoever violates this section is guilty of violating a protection order. 

(2) Except as otherwise provided in division (B)(3) or (4) of this section, violating a protection order is a misdemeanor of the first degree. 

(3) If the offender previously has been convicted of or pleaded guilty to a violation of a protection order issued pursuant to section 2903.213 or 2903.214 [2903.21.3 or 2903.21.4] of the Revised Code, two or more violations of section 2903.21, 2903.211 [2903.21.1], 2903.22, or 2911.211 [2911.21.1] of the Revised Code that involved the same person who is the subject of the protection order or consent agreement, or one or more violations of this section, violating a protection order is a felony of the fifth degree. 

(4) If the offender violates a protection order or consent agreement while committing a felony offense, violating a protection order is a felony of the third degree. 

(C)  It is an affirmative defense to a charge under division (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 in 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 issued pursuant to the divorce and child custody laws of another state, except to the extent that the order for support or for custody of a child is entitled to full faith and credit under the laws of the United States. 
 

HISTORY: 140 v H 587 (Eff 9-25-84); 141 v H 475 (Eff 3-7-86); 144 v H 536 (Eff 11-5-92); 145 v H 335 (Eff 12-9-94); 146 v S 2 (Eff 7-1-96); 147 v S 1 (Eff 10-21-97); 147 v H 302 (Eff 7-29-98); 149 v H 548. Eff 3-31-2003; 150 v S 50, § 1, eff. 1-8-04.

 

Effect of Amendments

S.B. 50, Acts 2003, effective January 8, 2004, rewrote (B).