Ohio R. Superi. Ct. 10

As amended through July 25, 2024

Rule 10 - Notifying Law Enforcement Agencies of 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.

Ohio. R. Superi. Ct. 10

Amended January 26, 2021, effective 4/15/2021.

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-B: HOW TO COMPLETE A PROTECTION NOTICE TO NCIC

FORM 10-C: WARNING CONCERNING THE ATTACHED PROTECTION ORDER OR CONSENT AGREEMENT

FORM 10-D: NOTICE TO RESPONDENT OR DEFENDANT ABOUT EXISTENCE OF PROTECTION ORDER

FORM 10-E: WIRELESS SERVICE TRANSFER ORDER IN DOMESTIC VIOLENCE CIVIL PROTECTION ORDER

FORM 10-F: NOTICE OF RECEIPT

FORM 10-G: POST-CONVICTION NO CONTACT ORDER