Part 1 · General Provisions
Rule 10. Notification Regarding Criminal or Civil Protection Orders
(A) Filing of protection order notice into NCIC Upon a court's issuance, modification, or termination of a criminal or civil ex parte or full hearing protection order or approval of a consent agreement civil protection order pursuant to R.C. 2151.34, 2903.213, 2903.214, 2919.26, or 3113.31 or a no contact order in accordance to 18 U.S.C. 2266(5), the court shall do both of the following:
(1) Follow the instructions in "Form 10-B" for thorough and accurate completion of a form that is substantially similar to "Form 10-A" and to facilitate the correct entry of the order or agreement into the "National Crime Information Center" database;
(2) Send a completed form that is substantially similar to "Form 10-A" and a copy of the order or agreement to the local law enforcement agency for entry of the order or agreement into the "National Crime Information Center Protection Order File" and to facilitate nationwide enforcement of the order or agreement.
(B) Protection order notification
(1) A judge or magistrate who, pursuant to R.C. 2919.27(D), provides notice to a respondent or defendant about the existence of a protection order issued by another court shall use a form that is substantially similar to "Form 10-D." The form shall be returned to the clerk of court of the court that issued the protection order as soon as possible, but no later than three business days from the date the notice was provided.
(2) A court that issued a protection order shall accept a form that is substantially similar to "Form 10-D" from a judge, magistrate, or law enforcement officer who provided the respondent or defendant notice about the existence of the protection order pursuant to R.C. 2919.27(D). The court that issued the protection order shall docket and maintain the form in the protection order case file.
(C) Remote access exception A municipal court, county court, or a court of common pleas shall not make available through remote access pursuant to Sup.R. 44 through 47 "Form 10-A", or a form that is substantially similar to "Form 10-A", that is likely to reveal the identity or location of a petitioner or another party to be protected or could be protected by a protection order. Direct access is permitted subject to Sup.R. 44 through 47, and any statutory restrictions. Commentary (April 15, 2021) Form 10-D was adopted, effective April 15, 2021, to implement R.C. 2919.27(D). Section 3 of Sub. S.B. 7 of the 132nd General Assembly states as follows: The amendments made [to R.C. 2919.27(D)] are intended to supersede the holding of the Ohio Supreme Court in State v. Smith (2013), 136 Ohio St.3d 1, so that unperfected service of a protection order or consent agreement does not preclude a prosecution for a violation of [a protection order or consent agreement]. Proof of notice of the existence of a protection order is not evidence of service nor does it establish that service has been perfected. Service of civil protection order must be in accordance to Rules of Civil Procedure. Smith , 136 Ohio St. 3d 1, 2013-Ohio-1698 at ¶21. FORM 10-A: PROTECTION ORDER NOTICE TO NCIC FORM 10-A: PROTECTION ORDER NOTICE TO NCIC Amended: April 15, 2021 Discard all previous versions of this form PROTECTION ORDER NOTICE TO NCIC (Required fields appear in bold print) Initial NCIC Form Amended NCIC Form Service Completed (Law Enforcement Agency: If unchecked, presume Service Unknown) Pursuant to Rules 10.01, 10.02, 10.03, and 10.05 of the Rules of Superintendence for the Courts of Ohio, this information shall be promptly entered into the National Crime Information Center index. SUBJECT NAME
(LAST) ADDRESS
(STREET) PHYSICAL DESCRIPTION: HGT EYES NUMERICAL IDENTIFIER (NOTE: Only ONE of the 4 numerical identifiers is needed.) 1. SSN - - 3.* DRIVER'S LIC. NO. 4.* VEHICLE LIC. NO. (* If #3 or #4 is used as a numerical identifier, entire line MUST be completed.) BRADY DISQUALIFIERS: Pursuant to 18 U.S.C. 922(g)(8), a "yes" response to all three Brady questions disqualifies the subject from purchasing or possessing any firearms, including a rifle, pistol, revolver, or ammunition. Does the Order protect an intimate partner or child(ren)? Did the subject have notice of the hearing and opportunity to participate in the hearing regarding the Order? Does the Order find the subject a credible threat or explicitly prohibit physical force? CASE / ORDER NO. (15 DIGIT MAXIMUM) COURT ORIGINATING AGENCY IDENTIFIER NAME OF JUDGE/MAGISTRATE DATE OF ORDER / / (IN R.C. 2919.26 AND 2903.213 CASES, "NONEXP" MAY BE USED) TERMS AND CONDITIONS OF ORDER (Mark all that are applicable): 01 The subject is restrained from assaulting, threatening, abusing, harassing, following, interfering, or stalking the protected person and/or the child(ren) of the protected person. 02 The subject shall not threaten a member of the protected person's family or household. 03 The protected person is granted exclusive possession of the residence or household. 04 The subject is required to stay away from the residence, property, school, or place of employment of the protected person or other family or household member. OHP DATA 05 The subject is restrained from making any communication with the protected person, including but not limited to, personal, written, or telephone contact, or their employer, employees, or fellow workers, or others with whom the communication would be likely to cause annoyance or alarm the victim. ONLY 06 The subject has visitation or custody rights of the child(ren) named in this Order. #EPO 07 The subject is prohibited from possessing and/or purchasing a firearm or other weapon as identified in the Miscellaneous Field. 08 See the Miscellaneous Field for comments regarding the specific terms and conditions of this Order. Miscellaneous comments: 09 The protected person is awarded temporary exclusive custody of the child(ren) named. [Page 2 of 2 of Form 10-A] Subject's Name____________________________ FORM 10-A: PROTECTION ORDER NOTICE TO NCIC Amended: April 15, 2021 Discard all previous versions of this form LIST ALL PROTECTED PERSONS (Total of 9 allowed. PROTECTED PERSON
(LAST) DOB / / SSN SEX M F PROTECTED PERSON
(LAST) DOB / / SSN SEX M F PROTECTED PERSON
(LAST) DOB / / SSN SEX M F PROTECTED PERSON
(LAST) DOB / / SSN SEX M F PROTECTED PERSON
(LAST) DOB / / SSN SEX M F PROTECTED PERSON
(LAST) DOB / / SSN SEX M F PROTECTED PERSON
(LAST) DOB / / SSN SEX M F PROTECTED PERSON
(LAST) DOB / / SSN SEX M F PROTECTED PERSON
(LAST) DOB / / SSN SEX M F Authorized by (signature): Judge/Magistrate (circle one) i FORM 10-B: HOW TO COMPLETE A PROTECTION ORDER NOTICE TO NCIC Amended: April 15, 2021 Discard all previous versions of this form FORM 10-B: HOW TO COMPLETE A PROTECTION ORDER NOTICE TO NCIC Form 10-A, Protection Order Notice to NCIC, is the mechanism to enter protection orders or consent agreements into the FBI's National Crime Information Center ("NCIC") Protection Order file. Inaccurate or inconsistent information on Form 10-A will delay entering the court order into the NCIC index; result in improper enforcement of the order; and impermissibly allow or deny a person from owning, possessing, purchasing, or transporting firearms and ammunition. Form 10-A must be completed each time the court grants, approves, modifies, renews, or terminates a criminal or civil ex parte or full hearing protection order or consent agreement or otherwise makes a clerical correction on a previously issued order or agreement. Courts are encouraged to verify that orders are timely entered. ELEMENTS OF FORM 10-A
(A) Although Form 10-A is the primary method to inform law enforcement of the terms and conditions of a protection order or consent agreement, it is not a substitution for a protection order or judgement entry.
(B) The court must mark the appropriate box: • Initial NCIC Form: This box indicates the court is issuing a criminal or civil protection order or approving a consent agreement for the first time. • Amended NCIC Form: This box points out to law enforcement that the original terms of an existing protection order or consent agreement have been modified, including modifications due to clerical errors. • Removal from NCIC: This box notifies law enforcement that the protection order or consent agreement is no longer valid and the order must be removed from the NCIC protection order database active file, regardless of the reason. • Service Completed: This box is marked if the court has knowledge that service of process has been perfected as set forth in Civ.R. 65.1 and Crim.R.49. The protection order should be entered promptly regardless of service.
(C) NUMERICAL IDENTIFIER. Although the FBI only requires one numerical identifier, the court should provide additional numerical identifiers, if available, to facilitate identification of the subject of the protection order.
(D) BRADY DISQUALIFIERS. All of the following requirements must be met to result in firearms disability pursuant to 18 U.S.C. 922(g)(8): • Existence of an intimate relationship between the protected parties and Respondent or Defendant, i.e., spouse, former spouse, an individual who cohabits or has cohabited with Respondent or Defendant, and an individual who is a parent of a child of the Respondent or Defendant; • Respondent or Defendant had actual notice of the hearing and an opportunity to participate; • The court made a finding in the order that Respondent or Defendant poses a credible threat of harm or the order explicitly prohibits Respondent or Defendant from the use, attempted use, or threatened use of physical force against an intimate partner or child. In addition to the firearms and ammunition prohibition per 18 U.S.C. 922(g)(8), a Respondent or Defendant may be firearms and ammunition disqualified as result of other circumstances, e.g., 18 U.S.C. 922(g)(1) through (9), state law, or a court order. [Page 2 of 2 Form 10-B] FORM 10-B: HOW TO COMPLETE A PROTECTION ORDER NOTICE TO NCIC Amended: April 15, 2021 Discard all previous versions of this form
(E) DATE OF ORDER AND EXPIRATION OF ORDER. render a record inactive on the order's expiration date. Protection orders issued pursuant to R.C. 2903.213 or 2919.26 may indicate "NONEXP." Upon disposition of the criminal case or the issuance of a civil protection order arising out of the same facts, the court must send to law enforcement another Form 10-A indicating Removal from the NCIC and state the expiration date of the order.
(F) TERMS OF ORDER. The court must check every box that corresponds to the terms of the protection order. Note that the numbering next to each term in Form 10-A does not correspond to the sequence of remedies in a protection order or consent agreement. However, the remedies in the protection order forms are cross- referenced with the terms and conditions listed in Form 10-A, e.g., NCIC 01. In every instance that the court changes a term of the protection order or consent agreement, e.g., divorce decree, custody order, continuance of hearing, or extension of the protection order, the court must submit Form 10-A or a form that is substantially similar, indicate the applicable terms to law enforcement and mark "Amended NCIC Form." FORM 10-C: WARNING CONCERNING THE ATTACHED PROTECTION ORDER OR CONSENT AGREEMENT Effective: April 15, 2021 FORM 10-C: WARNING CONCERNING THE ATTACHED PROTECTION ORDER OR CONSENT AGREEMENT NOTE : Rules 10.01, 10.02, 10.03, and 10.05 of the Rules of Superintendence for the Courts of Ohio require this Warning to be attached to the FRONT of all civil and criminal EX PARTE or FULL HEARING protection orders issued by the courts of the State of Ohio. WARNING TO RESPONDENT / DEFENDANT Violating the attached Protection Order is a crime, punishable by incarceration, fine, or both and may cause the revocation of your bond or result in a contempt of court citation against you. This Protection Order is enforceable in all counties in Ohio and 50 states, the District of Columbia, tribal lands, and U.S. territories pursuant to state law and the Violence Against Women Act, 18 U.S.C. 2265. Violating this Protection Order may subject you to state and federal charges and punishment. Only the Court may change the terms of this Protection Order. The Petitioner/Alleged Victim/Protected Person cannot give you legal permission to change this Order. If you go near the Petitioner/Alleged Victim/ Protected Person, even with the person's permission, you may be arrested. Only the Court may change or end this Protection Order. Unless the Court changes or ends this Order, you may be arrested for violating this Protection Order. YOU ACT AT YOUR OWN RISK IF YOU DISREGARD THIS WARNING . WARNING TO PETITIONER / ALLEGED VICTIM You cannot change the terms of this Order by your words or actions. Only the Court may allow the Respondent/Defendant to contact you or return to your residence. This Protection Order cannot be changed by either party without obtaining a written court order. NOTICE ABOUT FIREARMS AND OTHER DEADLY WEAPONS As a result of this Protection Order or Consent Agreement, it may be a federal crime for you to possess or purchase a firearm, including a rifle, pistol, or revolver, or ammunition pursuant to 18 U.S.C. 922(g)(8) for the duration of this Order. If you have any questions whether the law makes it illegal for you to possess or purchase a firearm or ammunition, you should consult with a lawyer. This Protection Order may be subject to the exceptions pursuant to 18 U.S.C. 925(a)(1) only with respect to the official use of government-issued firearms or ammunition for the use of any department or agency of the United States, Ohio, or its political subdivision. This exception does not apply if the Defendant/ Respondent has been convicted of an offense of violence, for example, domestic violence, menacing by stalking, etc., against a family or household member. NOTICE TO ALL LAW ENFORCEMENT AGENCIES AND OFFICERS The attached Protection Order is enforceable in all counties in Ohio. Violation of this Protection Order is a crime under R.C.2919.27. Law enforcement officers with powers to arrest under R.C. 2935.03 for violations of the Ohio Revised Code must enforce the terms of this Protection Order as required by R.C. 2151.34, 2903.213, 2903.214, 2919.26, 2919.27, and 3113.31. If you have reasonable grounds to believe that the Respondent/Defendant has violated this Protection Order, it is the preferred course of action in Ohio under R.C. 2935.03 to arrest and detain the Respondent/ Defendant until a warrant may be obtained. Federal and state law prohibits charging a fee for service of this Order to the Petitioner/Alleged Victim or protected parties. FORM 10-D: NOTICE TO RESPONDENT OR DEFENDANT ABOUT EXISTENCE OF PROTECTION ORDER FORM 10-D: NOTICE TO RESPONDENT OR DEFENDANT ABOUT EXISTENCE OF PROTECTION ORDER Adopted: April 15, 2021 NOTICE TO RESPONDENT OR DEFENDANT ABOUT EXISTENCE OF PROTECTION ORDER THIS NOTICE IS NOT A PROTECTION ORDER. Pursuant to R.C. 2919.27(D), I am orally notifying you that a Protection Order was issued against you on Court and assigned Case No. ________________________________________ for the safety and protection of the following parties: Following are some of the terms in the Protection Order that may apply to you. You are advised that a violation of any of these terms may result in your arrest. You are also advised to read the Protection Order in its entirety, upon being served with it. This Notice is not the Protection Order issued against you. • You are prohibited from abusing, harming, attempting to harm, threatening, following, harassing, stalking, forcing sexual relations upon, or committing sexually oriented offenses against the protected persons. • The protected persons may have exclusive possession of the residence. • You must stay away from the protected persons' residence, property, school, or place of employment. • You are prohibited from initiating or contacting the protected persons through any means (including social media, email, text, telephone, or written communication) or through another person. • You may have to report for electronic monitoring. • Temporary custody of the children named in the Order may be granted to Petitioner. You must read the Protection Order to find out if the Court granted you any visitation rights. • You may be prohibited from possessing or purchasing deadly weapons, including firearms, and ammunition. Acknowledgement of Respondent or Defendant I, issued against me and have also been notified of some to me. I further understand that the Protection Order is enforceable and any violation of the Order may result in my arrest. Respondent/Defendant (signature) Respondent's/Defendant's Address: Telephone Certificate of Notice Respondent refused to sign acknowledgment.
I hereby certify that on I gave notice to Respondent or Defendant about the existence of the Protection Order. Officer and Badge Number Judge/Magistrate This Notice shall be returned to the Clerk of Court of the court that issued the protection order for entry into the docket as soon as possible, but no later than three business days from the date the Notice was provided.
1 FORM 10-E: WIRELESS SERVICE TRANSFER ORDER IN DOMESTIC VIOLENCE CIVIL PROTECTION ORDER FORM 10-E: WIRELESS SERVICE TRANSFER ORDER IN DOMESTIC VIOLENCE CIVIL PROTECTION ORDER Adopted: April 15, 2021 IN THE COURT OF COMMON PLEAS : Petitioner : v. : Respondent This Court issued a Domestic Violence Civil Protection Order, pursuant to R.C. 3113.31, on Wireless service provider or reseller agent is The account holder name and billing telephone number: THE COURT HEREBY ORDERS: Within 72 hours after receipt of this Order, the wireless service provider shall transfer to Petitioner That the provider transfer to Petitioner all financial responsibility for any costs associated with the wireless service numbers and any costs for the devices associated with the wireless service numbers from the date of transfer forward. That this Order shall be automatically suspended upon the wireless service provider's notification to Petitioner that one of the following circumstances apply: 1. The account holder named in this Order has terminated the account. 2. The differences in network technology prevent the functionality of a device on the network if transfer occurs. 3. There are geographic or other limitations on network or service availability to Petitioner. 4. Another operational or technical issue prevents or impairs the use of the wireless service number if the transfer occurs. That the wireless service provider shall notify Petitioner within 72 hours after receipt of the Order that based on the circumstances listed above the transfer could not be operationally or technically completed. Petitioner's contact information as listed in the Domestic Violence Civil Protection Order Petition is: IT IS SO ORDERED. MAGISTRATE REQUEST FOR SERVICE A copy of this Order shall be served pursuant to R.C. 3113.454 on the wireless service provider or reseller agent listed with the Ohio Secretary of State: _________________________________________________________________________________________ _______________________________ FORM 10-F: NOTICE OF RECEIPT FORM 10-F: NOTICE OF RECEIPT Adopted: April 15, 2021 IN THE COURT OF : Petitioner : v. : Respondent Pursuant to an ex parte or full hearing civil or criminal protection order issued pursuant to R.C. 2151.34, 2903.213, 2903.214, 2919.26, or 3113.31, law enforcement was instructed to notify the Court upon receiving Respondent's deadly weapons, including firearms, and ammunition for protective custody.
I hereby notify the Court that on Respondent turned in deadly weapons, including firearms, and ammunition for protective custody. Attached is a copy of the receipt. The deadly weapons, firearms, and ammunition were not turned in for protective custody in accordance with the Order. Respondent reported the deadly weapons, including firearms, and ammunition were: Transferred to a federal firearms licensee: Other: Officer and Badge Number Law Enforcement Agency Date This Notice shall be returned to the Clerk of Court for entry into the docket 1 FORM 10-G: POST-CONVICTION NO CONTACT ORDER FORM 10-G: POST-CONVICTION NO CONTACT ORDER Adopted: April 15, 2021 IN THE NO CONTACT ORDER This Order is indexed at LAW ENFORCEMENT AGENCY WHERE INDEXED OHIO ( ) - PHONE NUMBER POST-CONVICTION NO CONTACT STATE OF OHIO/CITY OF ORDER V. DEFENDANT First Middle Last Address where Defendant can be found: Violence Against Women Act, 18 U.S.C. 2265, Federal Full Faith & Credit Declaration: Registration of this Order enforcement. THE COURT HEREBY FINDS: That it has jurisdiction over the parties and subject matter, and Defendant was provided with reasonable notice and opportunity to be heard within the time required by Ohio law. Additional findings of this Order are set forth below. THE COURT HEREBY FINDS: That the following terms of community control, parole, or probation are issued in response to a criminal conviction are necessary, fair, and equitable. Additional terms of this Order are set forth below. The terms of this Order shall be effective until [Page 2 of 3 Form 10-G] FORM 10-G: POST-CONVICTION NO CONTACT ORDER Adopted: April 15, 2021 The Court has imposed a sentence for a misdemeanor or felony offense that includes the following community control sanctions for the purpose of preventing violent or threatening acts or harassment against, sexual violence, or contact or communication with or physical proximity to the persons named in this Order. 1. DEFENDANT SHALL NOT ABUSE, harm, attempt to harm, threaten, follow, stalk, harass, force sexual relations upon, or commit sexually oriented offenses against the persons named in this Order. [NCIC 01 and 02] 2. DEFENDANT SHALL NOT ENTER or interfere with the residence, school, business, place of employment, day care centers, or child care providers of the persons named in this Order, including the buildings, grounds, and parking lots at those locations. Defendant may not violate this Order permission of a person named in this Order 3. DEFENDANT SHALL STAY AWAY FROM THE PERSONS NAMED IN THIS ORDER, and shall not be present within 500 feet or wherever those persons may be found, or any place the Defendant knows or should know the persons are likely to be, even with person's permission persons in any public or private place, the Defendant must depart encounters on public and private roads, highways, and thoroughfares. [NCIC 04] 4. DEFENDANT SHALL NOT INITIATE OR HAVE ANY CONTACT their residences, businesses, places of employment, schools, day care centers, or child care providers. Contact includes, but is not limited to, landline, cordless, cellular or digital telephone; text; instant messaging; fax; e-mail; voice mail; delivery service; social media; blogging; writings; electronic communications; posting a message; or communications by any other means directly or through another person. Defendant may not violate this Order even with the person's permission 5. DEFENDANT SHALL NOT use any form of electronic surveillance on persons named in this Order. 6. DEFENDANT SHALL NOT POSSESS, USE, CARRY, OR OBTAIN ANY DEADLY WEAPON, INCLUDING FIREARMS, AND AMMUNITION. THE SENTENCE INCLUDES A COMMUNITY CONTROL SANCTION THAT DEFENDANT SHALL NOT POSSESS, USE, CARRY, OR OBTAIN ANY DEADLY WEAPON, INCLUDING FIREARMS, AND AMMUNITION. 7. IT IS FURTHER ORDERED: [NCIC 08] IT IS SO ORDERED. JUDGE/MAGISTRATE WARNING TO DEFENDANT • Defendant has the sole responsibility of obeying the terms of this Order. • If Defendant violates any of the terms of this Order, even with a protected person's permission, Defendant can be arrested and jailed pursuant to R.C. 2951.08(A). [Page 3 of 3 Form 10-G] FORM 10-G: POST-CONVICTION NO CONTACT ORDER Adopted: April 15, 2021 • A violation of this Order may result in a probation violation, including arrest, probation revocation, and jail or incarceration. • Nothing in this Order limits a prosecutor from charging Defendant with new crimes. • Defendant is advised that visitation orders do not permit Defendant to violate any of the terms of this Order, except as otherwise ordered in paragraph 7. • Only the Court can change the terms of this Order.
I acknowledge receipt of this Order and warning contained herein. DEFENDANT TO THE CLERK: COPIES OF THIS ORDER SHALL BE DELIVERED TO: Prosecutor Victim shall receive a certified copy: Victim's Representative: Defendant Defendant's Attorney / Public Defender Law Enforcement Agency: Probation, Parole, Community Control: Other: NOTICE TO LAW ENFORCEMENT Pursuant to R.C. 2951.08(A), during the period of community control, any peace officer may arrest a person under a community control sanction without a warrant if the peace officer has reasonable ground to believe that the person has violated or is violating any of the following that is a condition of the person's community control sanction: • A term or condition that prohibits ownership, possession, or use of a firearm, deadly weapon, ammunition, or dangerous ordnance per R.C. 2951.08(A)(1). • A term or condition that prohibits the person from being within a specified structure or geographic area per R.C. 2951.08(A)(2). • A term or condition that prohibits the person from contacting or communicating with any specified individual per R.C. 2951.08(A)(4). • A term or condition that prohibits the person from associating with a specified individual per R.C. 2951.08(A)(5).