SHYNERRA GRANT LAW
Juvenile Protection Orders
Alexandria M. Ruden, Esq.
Legal Aid Society of Cleveland
AGENDA
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Historical Context of Law
Relevant provisions in Am. Sub. HB 10
Protection Order Forms
Relevant Queries
Q & A’s
IMPORTANT DEFINITIONS
• PETITIONER-a person who files a petition
or on whose behalf a petition is filed.
• RESPONDENT-a person under the age of
18 years.
WHAT IS AM. SUB. HB 10?
What is it?
• The new law creates a civil procedure for
the issuance of juvenile civil protection
orders for certain behaviors committed by
juveniles.
What it isn’t?
The new law is not a criminal proceeding
against juveniles for committing certain
offenses of violence.
QUERY
• How does the new law differ from the existing
civil protection order laws?
– The respondent is under 18 years of age.
– The juvenile court exercises exclusive jurisdiction with
respect to any proceeding brought under RC 3133.31
or RC 2151.34.
– The juvenile court retains all dispositionary powers
consistent with the existing rules of juvenile procedure
and may also exercise its discretion to adjudicate
proceedings as provided in RC 3113.31 and RC
2151.34.
WHAT DOES IT DO?
What it does?
• The new law authorizes juvenile courts to issue
and enforce a civil protection order (JCPO)
against a minor (under 18), regardless of the
familial relationship between the parties.
How is this done?
The law amends the domestic violence section
of RC 3113.31 and creates a new section in the
Juvenile Code, to wit: RC 2151.34.
RELEVANT SECTIONS OF THE
REVISED CODE
• RC 2151.23(A)(16)-authorizes juvenile courts to
issue civil protection orders against juveniles
under 18 years (respondents) and enforce civil
protection orders against a juvenile until a date
certain but not later than the date the child
attains 19 years of age.
• RC 2151.34-creates a new procedure for issuing
and enforcing a civil protection order or consent
agreement.
• RC 2151.358-amends the expungement statute
to address sealing of civil protection orders.
ADDITIONAL RELEVANT
SECTIONS OF THE ORC
• RC 2903.214-amends the civil stalking
protection order statute to reflect that it applies
to respondents OVER the age of 18 years.
• RC 3113.31(A)(2)-amends the domestic violence
civil protection order statute to state that the
court with subject matter jurisdiction to issue civil
protection orders against juveniles under 18
years is the juvenile division of the common
pleas court of the county in which the person to
be protected resides.
WHO CAN FILE FOR A CIVIL
PROTECTION ORDER (JCPO)
• A petitioner is one of the following– Any person on behalf of that person
– Any parent or adult family or household
member on behalf of any other family member
– Any person who is determined by the court in
its discretion as an appropriate person to seek
relief under this section on behalf of any child
[RC 2151.34(C)(1).]
• Query: Who has standing to file? Who is an
inappropriate person?
QUERY
• Can a juvenile file a petition? Yes.
– No relationship is required between the
petitioner and respondent
– Age of petitioner is irrelevant
– The person filing the petition can be an adult
or another juvenile (even if filing on his/her
own behalf)
THE CONTENTS OF THE
PETITION
• The petition should be filed on the forms promulgated by
the Supreme Court of Ohio.
• Petition shall contain an allegation that respondent
engages in behavior that violates certain Revised Code
sections. [RC 2151.34(C)(2).]
• Petition must include a description of the nature and
extent of the violation. Note: JCPO can be requested
based on certain allegations even if juvenile is NOT
charged with delinquency.
• A petition may request electronic monitoring of the
juvenile.
• Petition must request some type of relief.
RC 2151.34-Offenses
• Offenses [RC 2151.34(C)(2)(a).]
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Felonious assault
Aggravated assault
Assault
Aggravated menacing
Menacing
Menacing by stalking
any sexually oriented offense under RC 2950.01
Aggravated trespass
Domestic violence under RC 3113.31(A)(1) if the
relationship between the petitioner and respondent is
a family/household member relationship
OTHER IMPORTANT FACTS
• There is no right to counsel. The
appointment of counsel to a respondent is
within discretion of the court. [RC
2151.34(O).]
• Note: but see Leone v. Owen, 2010-Ohio1888 (6th Dist. Erie County 2010)
– Consider appointing a Guardian ad Litem for
the petitioner or respondent if a conflict arises
with either parties’ parents.
NOTICE
• The juvenile court has discretion to decide
whether to give NOTICE that a petition
has been FILED to:
– A parent of the child (if the petition is filed by
the child or a non-parent).
– Any other person deemed to be an
appropriate person to receive notice of the
filing of the petition. [RC 2151.34(C)(3).]
– Note: This is not the same as notice of the
hearing.
QUERY
• What about providing NOTICE to a
prosecutor or children’s services agency?
• Who are other “appropriate persons” for
either NOTICE or filing of the petition?
EX PARTE HEARING
• If an ex parte JCPO is requested by petitioner, the court
must conduct a hearing as soon as possible after the
petition is filed, but not later than the next day after the
court is in session after the petition is filed. [RC
2151.34(D)(1).]
• If requested, the court must find good cause that the
order is necessary for the safety and protection of the
petitioner.
• Immediate and present danger constitutes good cause
and includes:
– Situations in which respondent has threatened the petitioner with
bodily harm
– Situations in which respondent has been convicted of or plead
guilty or been adjudicated a delinquent child for committing any
one of the offenses alleged in the petition.
EX PARTE HEARING
• Standard of proof for the issuance of ex parte
JCPO-appears to be probable cause. Note:
based on case law derived from domestic
violence and stalking civil cases.
• The Court may issue temporary orders upon a
showing of good cause, including an ORDER
FOR BOND. [RC 2151.34(D)(1).]
– Query: What is the reason for bond? Who is
responsible for posting the bond? Juvenile? The
parent? the other appropriate person?
EX PARTE HEARING
• If the ex parte JCPO is granted, there
must be a full hearing within 10 COURT
days. [RC 2151.34(D)(2)(a).]
• The respondent AND his/her parents,
guardian or legal custodian are notified of
the full hearing.
FULL HEARING
• Full hearing held on the date scheduled unless
court grants a continuance, which can be
granted to a reasonable time as determined by
the court and for the following:
– Lack of service on respondent
– Parties agree to continuance
– Continuance is needed to allow a party to obtain
counsel
– Other good cause [RC 2151.34(D)(2)(a).]
FULL HEARING
• An ex parte JCPO granted by the court does not
expire because the court grants a continuance
for any of the above mentioned reasons.
• Standard of proof-preponderance of the
evidence. Felton v. Felton, 1997-Ohio-302.
• What happens to the petition if the court does
not grant an ex parte JCPO? What happens if a
petitioner does not file for an ex parte JCPO?
– There must still be a full hearing and the court can
proceed as in a normal civil action.
– The court shall schedule a full hearing and proceed
as in a normal civil action.
PROCEDURAL ISSUES
• AS TO FORM
– Detailed affidavit as to time and place
– Consider adding all acts in affidavitrespondent may decide to argue his due
process rights were violated if victim testifies
to something not alleged in petition.
– If unsure of date, state “on or about” (defense
attorneys are quick to turn a wrong sure date
into an alibi)
PROCEDURAL ISSUES
• Use detailed affidavit to demonstrate a
pattern of conduct and abuse if needed
• Statutes states that the nature and extent
of violation/violence must be described– To show the history of abuse
– To put respondent on notice as to allegations
– Providing notice enhances his ability to
defend against allegations but limits discovery
EX PARTE HEARING ISSUES
• Always verify parties’ relationship
• Introduce evidence of history of abuse,
especially when the violation involves a
threat
• If ex parte not granted, make sure a full
hearing is scheduled
DISCOVERY CONCERNS
• Decide whether the rules of civil procedure
apply so as to permit discovery
– Delay tactic
– Intimidation
– Discovery for pending delinquency case
– Fishing expedition for documentary evidence
– Since short turn around time to full hearing,
may not be in interest of court
DISCOVERY CONCERNS
• A prohibition against discovery does not
unfairly prejudice respondent
• A prohibition against discovery does not
hinder respondent’s ability to prepare and
present a defense
• A prohibition against discovery does not
violate respondent’s due process rights
• Ohio statute already demands more than
general allegations of conduct
FULL HEARING CONCERNS
• What does it mean to hold a full hearing?
• What are 10 court days?
• Does the full hearing have to be concluded
on the same day?
• Does a full hearing have to be heard on
the same day it is scheduled?
• Can a respondent file a responsive
pleading?
FULL HEARING CONCERNS
• What if petitioner fails to appear at the full
hearing?
• Can a petitioner continue the full hearing
more than once for a failure of service?
• How will a respondent be served with the
petition and the order and notice of the full
hearing date?
• Must evidence be presented at the full
hearing
OTHER PROCEDURAL ISSUES
• Can the court require the parties to take lie
detector tests?
• Can the petitioner request that the JCPO
be dismissed?
• What is the procedure for serving JCPOs
issued after the full hearing? What is
adequate proof of service?
• Who are protected parties?
TERMS OF THE JCPO
• After the full hearing, the Court may issue
any protection order (with or without bond)
that contains terms designed to ensure the
safety and protection of the person to be
protected. [RC 2151.34(E)(1)(a).]
– No contact provisions
– Removal from the home
– Weapons, school, residence, employment
prohibitions
OTHER TERMS
• ELECTRONIC MONITORING-if properly
requested in the petition or by the court, on its
own at the hearing, MAY order electronic
monitoring of a respondent if there is clear and
convincing evidence that:
– The petitioner reasonably believed that the
respondent’s conduct at any time preceding the filing
of the petition endangered the health, welfare or
safety of the protected person; and
– The respondent presents a continuing danger to the
protected person [RC 2151.34(E)(1)(b).]
OTHER TERMS
• ELECTRONIC MONITORING-if ordered
by the court, the court must:
– Direct the sheriff or other appropriate law
enforcement agency to install the devise and
monitor the respondent;
– Require the respondent to pay for the monitor;
– If indigent, monitor is paid from state Crime
Victim Reparation Fund. Note: until the annual
payment from fund exceeds $300,000 at
which time the court can no longer order.
OTHER TERMS
• Duration of JCPO-valid until a date certain,
but not later than the date on which the
respondent attains 19 years.
• JCPO may be renewed in the same
manner as the original order was issued.
• JCPO does not affect title to real property.
• JCPO cannot be waived or nullified by
invitation or consent of the protected
person.
OTHER TERMS
• Court has discretion to determine that a
respondent alleged to have violated the order
should not be found in contempt or prosecuted
under RC 2919.27 for violating the order if the
violation was based on the invitation or consent
of the person to be protected.
• Note: petitioner’s invitation or consent to the
respondent’s violation is an affirmative defense
to the violation.
RECIPROCAL JCPO
• The Court cannot order or restrain a petitioner unless a
cross petition is filed and a hearing is held:
– Respondent must file a separate petition and fulfill the same
statutory requirements as the petitioner.
– Notice of this petition must be served on the petitioner at least 48
hours before the hearing, unless waived by petitioner.
– After a full hearing where both parties present evidence, the
court may grant respondent a JCPO. Note: This is the only way
parties may have mutual protection orders.
Caveat: If original petitioner requested an ex parte JCPO, do not
delay any hearing on that request in order to consolidate a
hearing on respondent's request for JCPO
QUERY ON RECIPROCAL JCPOs
• Petitioner files for a JCPO against a
juvenile who is 17 years of age.
• Respondent wants to file a petition against
the original petitioner. Original petitioner is
19 years old.
• Can both petitions be filed in Juvenile
Court?
• Must respondent’s petition be filed in
Common Pleas-General Division?
ISSUANCE OF THE ORDER
Court shall direct that a copy of either an ex parte or
full hearing JCPO be delivered, on the same day the
order is entered, to:
– Respondent.
– Law enforcement agencies having jurisdiction to enforce the
order.
– The parent, guardian or legal custodian of the respondent.
Query: What does “direct” mean? What does “delivered” mean?
Does this mean “personal service”? Are other kinds of service of
process permissible? Is personal service necessary for a CPO
issued after the full hearing? How is petitioner provided with
NOTICE?
OTHER ASPECTS OF RC 2151.34
• Rules of civil procedure apply to juvenile civil
protection order proceedings
• The JCPO shall contain a provision that all
records of the proceeding shall be sealed by the
court on the date the respondent attains 19
years unless the petitioner submits evidence to
the court that the respondent has failed to
comply with all of the terms of the JCPO.
• No fees or costs shall be assessed to either
petitioner or respondent for filing, issuing,
registering or serving the juvenile.
OTHER ASPECTS OF RC 2151.34
• An order issued after a full hearing that
grants or refuses to grant a JCPO is a final
appealable order.
• The remedies are in addition to and not in
lieu of other civil or criminal remedies
available under RC 2151 or 2152.
• Petitioner may have access to a victim
advocate for all proceedings [RC
2151.34(L).]
REGISTRATION OF A CPO
• Requires law enforcement agencies to maintain
a protection order index.
• Full faith and credit of foreign JCPOs.
• A petitioner can register a JCPO in another
county in this state other than the county which
issued the order or can register an order issued
by another state by:
– Obtaining a certified copy of the order and presenting
the order to the clerk of the municipal court clerk or
county court clerk for endorsement. [RC 2151.34(M).]
NOTICE
• When a JCPO is issued, the court must provide
the “parties” to the order with the following
NOTICE orally or by form:
– “As a result of this order, it may be unlawful for you to
possess or purchase a firearm, including a rifle, pistol
or revolver or ammunition pursuant to federal law
under 18 USC 922(g)(8). If you have any questions
whether this law makes it illegal for you to possess or
purchase a firearm or ammunition, you should consult
an attorney”
– Applies only to respondent
– Included in standard forms
VIOLATION OF JCPO
• If the juvenile violates the JCPO, he/she is subject to
both prosecution as a delinquent under RC 2919.27 or
contempt of court.
• Punishment for contempt does not bar prosecution for
violating the order under RC 2919.27, BUT credit must
be given for the punishment imposed upon conviction or
adjudication as a delinquent child.
• A juvenile convicted or adjudicated as a delinquent child
shall not be subsequently punished for contempt of court
out of the same activity.
VIOLATION OF JCPO
• RC 2919.27 outlines criminal penalties for
violating the civil protection order.
• Juvenile court retains jurisdiction for
adjudicating violations including while the
respondent is 18 years old. [RC
2152.02(C)(7).]
SEALING OF RECORDS
• If the JCPO is not granted, all records of the proceeding are
automatically sealed.
• If the JCPO is granted, all records of proceeding are automatically
sealed when respondent attains 19 (on birthday) if compliance with
terms.
• If non compliance of terms, Court or juvenile, on motion to seal
records, may still seal records 2 years after the expiration of JCPO.
• Notice and the opportunity to respond (within 30 days) must be
given to the victim/victim’s attorney
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• Hearing must be held within 30 days after receipt of response. Even
without a response, court has discretion to hold a hearing.
• If records are sealed, they may still be subject to inspection under
certain circumstances set forth in RC 2151.358(D)(4).
OTHER POINTS OF INTEREST
• Filing a petition under RC 2151.34 does
not relieve the statutory responsibility for
reporting child abuse or neglect under RC
2151.421.
RELIEF UNDER RC 3113.31
Domestic Violence Statute
• In addition to the remedies provided in RC
2151.34, a petitioner may seek relief under
RC 3113.31 against a respondent who
engages in domestic violence against a
family or household member.
-spouses
-former spouses
-persons who have a child together and who don’t live together
-parents, children and others related by blood or marriage
-persons living as spouses
-foster parents
RC 3113.31
• Domestic violence is defined as:
– Attempting to cause or recklessly causing
bodily injury.
– Placing another by threat of force in fear of
imminent serious physical harm or committing
a violation of menacing by stalking or
aggravated trespass.
– Committing an act that results in a child being
abused as defined under RC 2151.031.
– Committing a sexually oriented offense.
RC 3113.31
• Only applies to family or household members so the new
law may apply to parents against children or siblings or
juveniles who have a child together.
• Permits consent agreements.
• Allows for modification and termination of JCPOs.
• Maximum length of time is 5 years from date of issuance
OR not later than juvenile’s 19th birthday.
• No prescribed provision regarding court appointed
counsel.
• Applies to foster parents Note: Can foster children seek
protection against their foster parents?
RELEVANT QUERIES
• What is the criteria for a court appointed
attorney?
• What is the process for a parent to file on behalf
of a child? Next friend? What about another
“appropriate” person? Does the Court conduct
an “appropriateness” hearing? What happens to
the filing when a person is determined not to be
an “appropriate” person?
• Can the court order electronic monitoring under
RC 3113.31?
• Can a JCPO be modified or terminated or
consented to under RC 2151.34?
RELEVANT QUERIES
• Can a JCPO be filed when the respondent is
already 18?
• What is the court’s authority to enter other
orders against a juvenile if the court denies the
JCPO?
• What is the process for removing the child from
the home?
• Is RC 2151.34 a criminal statute such that a
criminal conviction/offense is necessary before
the JCPO can be filed?
RELEVANT QUERIES
• What is the potential of excluding respondents
from school in violation of RC 3313.66?
• Can you apply the adult civil rules to juvenile
procedure?
• To what extent to schools have to accommodate
JCPO provisions?
• How are schools noticed about the existence of
a JCPO?
• What liability do schools incur for failing to
enforce the terms of the JCPO?
RELEVANT QUERIES
• Is there an obligation to appoint counsel for a petitioner?
• Can a JCPO issued under RC 2151.34 last longer than 5 years?
• How can confidentiality of the proceedings be maintained?
• Can DCFS file a JCPO against a juvenile in its care?
• By stating that a parent can file on behalf of a child, does that make
the testimony presented by the parent an exception to hearsay?
OTHER RELEVANT QUERIES
• Can the juvenile court renew a JCPO
anytime before the juvenile’s 19th
birthday?
• Can the JCPO terminate before the
juvenile’s 19th birthday?
• What is the impact of a JCPO on ADA
(Americans with Disability Act) in light
of the broad definitions of what
behaviors are proscribed?
JCPO FORMS
and SUP. R. 10.05
• 10.05-A How to Complete a Petition for a
JCPO or a Juvenile Domestic
Violence CPO
• 10.05-D Petition for JCPO or Juvenile
Domestic Violence CPO
• 10.05-H Warning Page
• 10-A
Protection Order Notice to NCIC
• 10-B
How to Complete a Protection
Order Notice to NCIC
SUP. R. 10.05 & FORMS
• 10.05-B Juvenile CPO Order Ex Parte
• 10.05-C Juvenile CPO Order Full
Hearing
• 10.05-E Juvenile Domestic Violence
CPO Ex Parte
• 10.05-F Juvenile Domestic Violence
CPO Full Hearing
• 10.05-G Juvenile Consent Agreement
and Domestic Violence CPO
NCIC FORM ISSUES
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Concerns about listing protected parties
Expiration of the order
Brady disqualification issues
Identifying characteristic
Terminating and taking order out of NCIC
New NCIC if terms are modified