Statutes: Ohio

(A) Applicability; Construction; Other Rules. The provisions of this rule apply to special statutory proceedings under R.C. 3113.31, R.C. 2151.34, and R.C. 2903.214 providing for domestic violence, dating violence, stalking, and sexually oriented offense civil protection orders, shall be interpreted and applied in a manner consistent with the intent and purposes of those protection order statutes, and supersede and make inapplicable in such proceedings the provisions of any other rules of civil procedure to the extent that such application is inconsistent with the provisions of this rule.

(B) Definitions. Any terms used in this rule which are also specifically defined in R.C. 3113.31, R.C. 2151.34, and R.C. 2903.214 shall have the same definition in applying the provisions of this rule in those special statutory proceedings.

(C) Service.

(1) Service by Clerk. The clerk shall cause service to be made of a copy of the petition, and all other documents required by the applicable protection order statute to be served on the Respondent and, if applicable, on the parent, guardian, or legal custodian of the Respondent.

(2) Initial Service. Initial service, and service of any ex parte protection order that is entered, shall be made in accordance with the provisions for personal service of process within the state under Civ. R. 4.1(B) or outside the state under Civ. R. 4.3(B)(2). Upon failure of such personal service, or in addition to such personal service, service may be made in accordance with any applicable provision of Civ. R. 4 through Civ. R. 4.6.

(3) Subsequent Service. After service has been made in accordance with division (C)(2) of this rule, any additional service required to be made during the course of the proceedings on Respondent and, if applicable, on the parent, guardian, or legal custodian of Respondent, shall be made in accordance with the provisions of Civ.R. 5(B).

(4) Modification; Contempt; Renewal; Termination.

(a) Service of a motion for modification, contempt, renewal, or termination of a civil protection order issued after a full hearing or an approved consent agreement shall be made in the manner provided for service of process under Civ. R. 4 through Civ. R. 4.6.

(b) After service has been made in accordance with division (C)(4)(a) of this rule, any additional service required to be made on the Respondent and, if applicable, on the parent, guardian, or legal custodian of the Respondent, shall be made in accordance with provisions of Civ. R. 5(B).

(5) Confidentiality. Upon request of the Petitioner, any method of service provided by Civ. R. 4 through 4.6 or by Civ. R. 5(B) may be limited or modified by the court to protect the confidentiality of the Petitioner’s address in making service under this division.

(D) Discovery.

(1) Time. Discovery under this rule shall be completed prior to the time set for the full hearing.

(2) Discovery Order. Discovery may be had only upon the entry of an order containing all of the following to the extent applicable:

(a) The time and place of the discovery;

(b) The identities of the persons permitted to be present, which shall include any victim advocate; and

(c) Such terms and conditions deemed by the court to be necessary to assure the safety of the Petitioner, including if applicable, maintaining the confidentiality of the Petitioner’s address.

(E) Appointed Counsel for Minor at Full Hearing. In a special statutory proceeding under R.C. 2151.34, the court, in its discretion, may determine if the Respondent is entitled to court-appointed counsel at the full hearing.

(F) Proceedings in Matters Referred to Magistrates.

(1) Reference by Court. A court may refer the proceedings under these special statutory proceedings to a magistrate.

(2) Ex parte Proceedings. The following shall apply when these special statutory proceedings are referred to a magistrate for determination of a petitioner’s request for an ex parte protection order:

(a) Authority. The magistrate shall conduct the ex parte hearing and, upon conclusion of the hearing, deny or grant an ex parte protection order.

(b) Nature of order.

(i) A magistrate’s denial or granting of an ex parte protection order does not require judicial approval, shall otherwise comply with the statutory requirements relating to an ex parte protection order, shall be effective when signed by the magistrate and filed with the clerk, and shall have the same effect as an ex parte protection order entered by the court without reference to a magistrate.

(ii) A magistrate’s denial or granting of an ex parte protection order without judicial approval under this division does not constitute a magistrate’s order or a magistrate’s decision under Civ.R. 53(D)(2) or (3) and is not subject to the requirements of those rules.

(iii) The court’s approval and signing of a magistrate’s denial or granting of an ex parte protection order entered under this division does not constitute a judgment or interim order under Civ.R. 53(D)(4)(e) and is not subject to the requirements of that rule.

(3) Full Hearing Proceedings. The following shall apply when these special statutory proceedings are referred to a magistrate for full hearing and determination:

(a) Authority. The magistrate shall conduct the full hearing and, upon conclusion of the hearing, deny or grant a protection order.

(b) Nature of Order. A magistrate’s denial or granting of a protection order after full hearing under this division does not constitute a magistrate’s order or a magistrate’s decision under Civ.R. 53(D)(2) or (3) and is not subject to the requirements of those rules.

(c) Court Adoption; Modification; Rejection

(i) A magistrate’s denial or granting of a protection order after a full hearing shall comply with the statutory requirements relating to such orders and is not effective unless adopted by the court.

(ii) When a magistrate has denied or granted a protection order after a full hearing, the court may adopt the magistrate’s denial or granting of the protection order upon review of the order and a determination that there is no error of law or other defect evident on the face of the order.

(iii) Upon review of a magistrate’s denial or granting of a protection order after a full hearing, the court may modify or reject the magistrate’s order.

(iv) A court’s adoption, modification, or rejection of a magistrate’s denial or granting of a protection order after a full hearing under this division does not constitute a judgment or interim order under Civ.R. 53(D)(4)(e) and is not subject to the requirements of that rule.

(v) A court’s adoption, modification, or rejection of a magistrate’s denial or granting of a protection order after a full hearing shall be effective when signed by the court and filed with the clerk.

(d) Objections.

(i) A party may file written objections to a court’s adoption, modification, or rejection of a magistrate’s denial or granting of a protection order after a full hearing, or any terms of such an order, within fourteen days of the court’s filing of the order. If any party timely files objections, any other party may also file objections not later than ten days after the first objections are filed.

(ii) The timely filing of objections under this division shall not stay the execution of the order.

(iii) A party filing objections under this division has the burden of showing that an error of law or other defect is evident on the face of the order, or that the credible evidence of record is insufficient to support the granting or denial of the protection order, or that the magistrate abused the magistrate’s discretion in including or failing to include specific terms in the protection order.

(iv) Objections based upon evidence of record shall be supported by a transcript of all the evidence submitted to the magistrate or an affidavit of that evidence if a transcript is not available. With leave of court, alternative technology or manner of reviewing the relevant evidence may be considered. The objecting party shall file the transcript or affidavit with the court within thirty days after filing objections unless the court extends the time in writing for preparation of the transcript or other good cause. If a party files timely objections prior to the date on which a transcript is prepared, the party may seek leave of court to supplement the objections.

(e) Motions for Modification, Contempt, Renewal, or Termination of Civil Protection Orders. When a motion for modification, contempt, renewal, or termination of a civil protection order is referred to a magistrate for determination, the provisions of this division (F)(3) of this rule relating to full hearing proceedings shall apply unless such provisions would by their nature be clearly inapplicable.

(G) Final Order; Objections Prior to Appeal; Stay of Appeal. Notwithstanding the provisions of any other rule, an order entered by the court under division (F)(3)(c) or division (F)(3)(e) of this rule is a final, appealable order. However, a party must timely file objections to such an order under division (F)(3)(d) of this rule prior to filing an appeal, and the timely filing of such objections shall stay the running of the time for appeal until the filing of the court’s ruling on the objections.

(H) Dismissal of Petitions for Protection Orders. Notwithstanding Civ.R. 41, any dismissal of a petition for domestic violence, dating violence, stalking, or sexually oriented offense civil protection order by a court or party, other than a denial on the merits, shall not operate as an adjudication of the merits or a bar to a subsequent filing of the petition.