Rule 38. Notification Regarding Criminal Protection Orders, Deadly Weapons Surrender

Notification Regarding Criminal Protection Orders, Deadly Weapons

Surrender.

(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

protection order pursuant to R.C. 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)

Thoroughly and accurately complete a Form 7 (formerly 10-A): Protection

Order Notice to NCIC, or a form substantially similar thereto, to facilitate

the correct entry of the order or agreement into the NCIC database; and

(2)

Send a completed Form 7 (formerly 10-A): Protection Order Notice to

NCIC, or a form substantially similar thereto, and a copy of the order or

agreement to the local law enforcement agency for entry of the order or

agreement into the NCIC Protection Order database to facilitate nationwide

enforcement of the order or agreement.

(B) Distribution of Packet for Criminal Temporary Protection Order

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 the following:

(1)

Form 1 (formerly 10.01-A): General Information about Domestic Violence

Protection Orders;

(2)

Form 3 (formerly 10.02-A): Domestic Violence Temporary Protection

Order (DVTPO) (R.C. 2919.26); and

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 the following:

(1)

Form 1 (formerly 10.01-A): General Information about Domestic Violence

Protection Orders;

(2)

Form 3 (formerly 10.02-A): Domestic Violence Temporary Protection

Order (DVTPO) (R.C. 2919.26); and

(3)

Form 2 (formerly 10-C): Warning Concerning the Attached Protection

Order or Consent Agreement.

(C) Temporary Protection Order Form and Warning

In every case in which a court issues or modifies a temporary protection order pursuant to

R.C. 2919.26, the court shall use a form that is substantially similar to Form 3 (formerly

10.02-A): Domestic Violence Temporary Protection Order (DVTPO) (R.C. 2919.26) and

include a cover sheet that is substantially similar to Form 2 (formerly 10-C): Warning

Concerning the Attached Protection Order or Consent Agreement.

(D)

Criminal Protection Order Form and Protection Order Warning

In every case in which a court issues an ex parte or full hearing criminal protection order

pursuant to R.C. 2903.213, it shall use a form that is substantially similar to a “Criminal

Protection Order (CRPO)” or Form 4 (formerly 10.03-B) and include a cover sheet that is

substantially similar to a “Warning Concerning the Attached Protection Order or Consent

Agreement” or Form 2 (formerly 10-C) and send a completed form that is substantially

similar to a “Protection Order Notice to NCIC” or Form 7 (formerly 10-A) and copy of the

order to the local law enforcement agency for entry into the NCIC Protection Order

database.

(E)

Notice of Deadly Weapons Surrender

Upon receipt of law enforcement, in every case in which a court orders the respondent to

surrender deadly weapons and ammunition into the protective custody of law enforcement,

it shall enter into the docket a form that is substantially similar to a “Notice of Receipt” or

Form 10 (formerly 10-F).

cy for entry into the NCIC Protection Order

database.

(E)

Notice of Deadly Weapons Surrender

Upon receipt of law enforcement, in every case in which a court orders the respondent to

surrender deadly weapons and ammunition into the protective custody of law enforcement,

it shall enter into the docket a form that is substantially similar to a “Notice of Receipt” or

Form 10 (formerly 10-F).

(F)

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 a “Post-Conviction No Contact Order” or Form 6 (formerly 10-G) and send to

the local law enforcement agency a completed form that is substantially similar to a

“Protection Order Notice to NCIC” or Form 7 (formerly 10-A)” and a copy of the order for

entry into the NCIC Protection Order database.

(G)

Notification of Existence of a Protection Order

(1)

A court that pursuant to statute provides notice to a respondent or defendant about

the existence of a protection order issued against said respondent or defendant by

another court shall use a “Notice to Respondent or Defendant About Existence of

Protection Order” or Form 9 (formerly 10-D), or a form substantially similar

thereto, to document the notification. The Court shall then send the form to the

clerk of court that issued the protection order as soon as possible, but no later than

three business days from the date the notice was provided to the respondent or

defendant.

use a “Notice to Respondent or Defendant About Existence of

Protection Order” or Form 9 (formerly 10-D), or a form substantially similar

thereto, to document the notification. The Court shall then send the form to the

clerk of court that issued the protection order as soon as possible, but no later than

three business days from the date the notice was provided to the respondent or

defendant.

(2)

A court that issued a protection order shall accept a “Notice to Respondent or

Defendant About Existence of Protection Order” or Form 9 (formerly 10-D), or a

form substantially similar thereto, from a judge, magistrate, or law enforcement

officer who provided the respondent notice about the existence of the protection

order pursuant to statute. The form shall be docketed and maintained in the

protection order case file.

(H)

Public Access Exception

Direct access, as defined in Sup.R. 11.09, is permitted subject to any restrictions imposed

by the Constitution, Revised Code, or the Rules of Superintendence. Any record in a

protection order case that is likely to reveal the identity or location of a petitioner or another

protected person shall not be available through Sup.R. 11.09 through 11.16.