Rule 10.02. Standard Domestic Violence Criminal Temporary Protection Order Forms

(A) Distribution of packet A court that has jurisdiction to issue a temporary protection order pursuant to R.C. 2919.26 shall distribute upon request a forms packet for use in domestic violence temporary protection order proceedings. The packet shall include, at a minimum, forms that are substantially similar to "Forms 10-C, 10.01-A, and 10.02-A."

(B) Temporary protection order form and protection order warning In every case in which a court issues an ex parte or full hearing temporary protection order pursuant to R.C. 2919.26, it shall use a form that is substantially similar to "Form 10.02-A" and include a cover sheet that is substantially similar to "Form 10-C" and send a completed form that is substantially similar to "Form 10-A" and copy of the order to the local law enforcement agency for entry of the order into the "National Crime Information Center Protection Order File."

(C) Notice of deadly weapons surrender In every case in which a court orders the respondent to surrender deadly weapons, including firearms and ammunition, into the protective custody of law enforcement, it shall enter into the docket a form that is substantially similar to "Form 10-F."

(D) Post-conviction no contact order In every case in which a sentencing court imposes community control sanctions that prohibit contact as part of a sentence for a misdemeanor or felony offense for the purpose of preventing violent or threatening acts or harassment against, sexual violence, or contact or communication with or physical proximity to a victim, regardless of the family or household member relationship to the Defendant, it shall use a form that is substantially similar to "Form 10-G" and send to the local law enforcement agency a completed form that is substantially similar to "Form 10-A" and a copy of the order for entry in of the order into the "National Crime Information Center Protection Order File." Commentary (January 1, 1998) During its eighteen months of study, the Supreme Court's Domestic Violence Task Force determined that due to the variety of protection order forms used by Ohio courts, it can be difficult for law enforcement officers to recognize valid protection orders and understand the pertinent provisions of such orders. The Task Force also discovered that misconceptions exist in regard to the penalties for violating protection orders. Upon recommendation of the Task Force, the Court developed this rule and Forms 10.02-A and 10- C to address these concerns. FORM 10.02-A: DOMESTIC VIOLENCE TEMPORARY PROTECTION ORDER (DVTPO) FORM 10.02-A: DOMESTIC VIOLENCE TEMPORARY PROTECTION ORDER (DVTPO) Amended: April 15, 2021 Discard all previous versions of this form IN THE Order of Protection Per R.C. 2919.26(G)(3), this Order is indexed at LAW ENFORCEMENT AGENCY WHERE INDEXED OHIO ( ) - PHONE NUMBER STATE OF OHIO/ CITY OF V. DEFENDANT ALLEGED VICTIM: First Middle Last v. DEFENDANT: First Middle Last Address where Defendant can be found: WARNING TO LAW ENFORCEMENT: DEFENDANT HAS FIREARMS ACCESS – PROCEED WITH CAUTION Ex Parte DVTPO Granted: / DVTPO Granted: / 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 the Defendant was provided with reasonable notice and opportunity to be heard within the time required by Ohio law. THE COURT HEREBY ORDERS: That the above named Defendant be restrained from committing acts of abuse or threats of abuse against the Alleged Victim and other protected persons named in this Order. Additional terms of this Order are set forth below. WARNING TO DEFENDANT: See the warning page attached to the front of this Order. [Page 2 of 5 Form 10.02-A] FORM 10.02-A: DOMESTIC VIOLENCE TEMPORARY PROTECTION ORDER (DVTPO) Amended: April 15, 2021 Discard all previous versions of this form This matter came before the Court on / DVTPO hearing on Alleged Victim's Motion for a Domestic Violence Temporary Protection Order. Court finds that the Motion for a Domestic Violence Temporary Protection Order is well-taken. The Court finds that the safety and protection of the Alleged Victim and protected persons named in this Order may be impaired by the continued presence of the Defendant unless the Court acts. Therefore, the following orders are designed to ensure the safety and protection of the protected person named in this Order and are issued to Defendant as pretrial conditions in addition to any bail set under Crim. R. 46. The Court also finds _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ Additional findings on a separate page are included and attached herein. DEFENDANT SHALL NOT ABUSE, harm, attempt to harm, threaten, follow, stalk, harass, force sexual relations upon, or commit sexually oriented offenses against the protected persons named in this Order. [NCIC 01 and 02] ALL OF THE PROVISIONS CHECKED BELOW ALSO APPLY TO DEFENDANT 1. DEFENDANT SHALL NOT ENTER or interfere with the residence, school, business, place of employment, day care centers, or child care providers of the protected persons named in this Order, including the buildings, grounds, and parking lots at those locations. Defendant may not violate this Order even with the permission of a protected person [Page 3 of 5 Form 10.02-A] FORM 10.02-A: DOMESTIC VIOLENCE TEMPORARY PROTECTION ORDER (DVTPO) Amended: April 15, 2021 Discard all previous versions of this form 2. DEFENDANT SHALL NOT INTERFERE with the protected persons' right to occupy any residence by canceling utilities or insurance or interrupting telecommunication (e.g., telephone, internet, or cable) services, mail delivery, or the delivery of any other documents or items. [NCIC 03] 3. DEFENDANT SHALL SURRENDER all keys and garage door openers to the following residence at the earliest possible opportunity after service of this Order to the law enforcement agency that serves the Defendant with this Order or as follows: 4. DEFENDANT SHALL STAY AWAY FROM THE PROTECTED PERSONS NAMED IN THIS ORDER, and shall not be present within 500 feet or wherever those protected persons may be found, or any place the Defendant knows or should know the protected persons are likely to be, even with protected persons' permission accidentally comes in contact with protected persons in any public or private place, the Defendant must depart immediately . This Order includes encounters on public and private roads, highways, and thoroughfares. [NCIC 04] 5. DEFENDANT SHALL NOT INITIATE OR HAVE ANY CONTACT this Order at 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; voicemail; 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 protected person . [NCIC 05] 6. DEFENDANT SHALL NOT use any form of electronic surveillance on protected persons. 7. DEFENDANT SHALL NOT REMOVE, DAMAGE, HIDE, OR DISPOSE OF ANY PROPERTY, COMPANION ANIMALS, OR PETS owned or possessed by the protected persons named in this Order. 8. THE ALLEGED VICTIM IS AUTHORIZED TO REMOVE THE FOLLOWING COMPANION ANIMALS OR PETS owned by Alleged Victim, from the possession of Defendant: Exchange of the listed companion animals or pets shall take place as follows: 9. DEFENDANT SHALL NOT CAUSE OR ENCOURAGE ANY PERSON this Order. 10. DEFENDANT SHALL NOT POSSESS, USE, CARRY, OR OBTAIN ANY DEADLY WEAPON, INCLUDING FIREARMS, AND AMMUNITION about a cessation of violence pursuant to 18 U.S.C. 922(g)(1) through (9), 18 U.S.C. 922(n), or R.C. 2923.13. [NCIC 07] DEFENDANT IS EXCEPTED only for official use pursuant to 18 U.S.C. 925(a)(1), if no other firearms and ammunition disability applies. [Page 4 of 5 Form 10.02-A] FORM 10.02-A: DOMESTIC VIOLENCE TEMPORARY PROTECTION ORDER (DVTPO) Amended: April 15, 2021 Discard all previous versions of this form 11. DEFENDANT SHALL TURN OVER ALL DEADLY WEAPONS, INCLUDING FIREARMS AND AMMUNITION , owned by Defendant or in Defendant's possession to the law enforcement agency that serves Defendant with this Order no later than Any law enforcement agency is authorized to accept possession of deadly weapons, including firearms, and ammunition pursuant to this paragraph and hold them in protective custody for the duration of this Order. [NCIC 07] Law enforcement shall immediately notify the Court upon receiving Defendant's deadly weapons, including firearms, and ammunition for protective custody as set forth in this Order. Upon the expiration or termination of this Order and if a civil protection order or consent agreement has not been issued or approved arising out of the same activities as those that were the basis of the complaint filed in this action, Defendant may reclaim any deadly weapons, including firearms, and ammunition held in protective custody by law enforcement pursuant to this Order, unless Defendant is otherwise disqualified as verified by a check of the NCIC protection order file. 12. DEFENDANT'S CONCEALED CARRY WEAPON LICENSE 13. DEFENDANT MAY PICK UP CLOTHING and personal effects from the following residence: only in the company of a uniformed law enforcement officer days of the filing of this Order or the date of Defendant's release on bond in connection with this charge, whichever is later. Arrangements may be made by contacting: 14. DEFENDANT SHALL NOT USE OR POSSESS 15. IT IS FURTHER ORDERED: [NCIC 08] 16. DEFENDANT IS ADVISED THAT VISITATION ORDERS DO NOT PERMIT THE DEFENDANT TO VIOLATE ANY OF THE TERMS OF THIS ORDER. 17. IT IS FURTHER ORDERED a copy of this Order shall be delivered to the Defendant on the same day that the Order is entered. 18. THIS ORDER IS EFFECTIVE until the occurrence of one of the following: (1) it is modified by this Court; or (2) the criminal proceeding arising out of the complaint upon which this Order were issued is disposed by this Court or by the court of common pleas to which the Defendant is bound over for prosecution; or (3) a court issues a Domestic Violence Civil Protection Order ("CPO") arising out of the same activities as those that were the basis of the complaint filed in this action. [Page 5 of 5 Form 10.02-A] FORM 10.02-A: DOMESTIC VIOLENCE TEMPORARY PROTECTION ORDER (DVTPO) Amended: April 15, 2021 Discard all previous versions of this form IT IS SO ORDERED. MAGISTRATE DATE EX PARTE DVTPO MAGISTRATE DATE DVTPO NOTICE TO DEFENDANT NO PERSON PROTECTED BY THIS ORDER CAN GIVE YOU LEGAL PERMISSION TO CHANGE OR VIOLATE THE TERMS OF THIS ORDER. IF YOU VIOLATE ANY TERMS OF THIS ORDER, EVEN WITH THE PROTECTED PERSON'S PERMISSION, YOU MAY BE ARRESTED. ONLY THE COURT CAN CHANGE THIS ORDER. YOU ACT AT YOUR OWN RISK IF YOU DISREGARD THIS WARNING.

A HEARING on this Order shall be held before Judge/Magistrate ________________________ on / / at a.m. p.m., at the following location: Service acknowledged: DEFENDANT WAIVER OF HEARING I HAVE BEEN ADVISED OF MY RIGHT TO A HEARING ON THE MOTION FOR A DOMESTIC VIOLENCE TEMPORARY PROTECTION ORDER AND HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THE HEARING ON THE MOTION AND AGREE TO BE BOUND BY THE TERMS OF THIS ORDER. DEFENDANT