ex parte or full hearing in Ohio

2023“The statute vests the court with broad discretion to tailor domestic-violence civil protection orders to fit the needs of each particular case.” Id., citing Felton v. Felton, 79 Ohio St.3d 34, 37-38 , 679 N.E.2d 672 (1997). {¶ 19} R.C. 3113.31 states, in pertinent part: (E)(1) After an ex parte or full hearing, the court may grant any protection order, with or without bond, or approve any consent agreement to bring about a cessation of domestic violence against the family or household members or persons with whom the respondent is or was in a dating relationship.

2023“The statute vests the court with broad discretion to tailor domestic-violence civil protection orders to fit the needs of each particular case.” Id., citing Felton v. Felton, 79 Ohio St.3d 34, 37-38 , 679 N.E.2d 672 (1997). {¶ 19} R.C. 3113.31 states, in pertinent part: (E)(1) After an ex parte or full hearing, the court may grant any protection order, with or without bond, or approve any consent agreement to bring about a cessation of domestic violence against the family or household members or persons with whom the respondent is or was in a dating relationship.

2019The order or agreement may: {¶43} “* * * 12 {¶44} “(d) With respect to a petition involving family or household members, temporarily allocate parental rights and responsibilities for the care of, or establish temporary parenting time rights with regard to, minor children, if no other court has determined, or is determining, the allocation of parental rights and responsibilities for the minor children or parenting time rights[.]” (Emphasis added.) {¶45} Moreover, “the Supreme Court of Ohio has ‘recognized “the bedrock proposition that once a court of competent jurisdiction has begun the task of

2010The order or agreement may: {¶ 20} “ * * * {¶ 21} “(d) Temporarily allocate parental rights and responsibilities for the care of, or establish temporary parenting time rights with regard to, minor children, if no other court has determined, or is determining, the allocation of parental rights and responsibilities for the minor children or parenting time rights.” (Emphasis added.) {¶ 22} Accordingly, pursuant to the plain language of this statute, the domestic-relations court did not have authority to make an allocation of parental rights and responsibilities, since the Juvenile Division of the

2023“The statute vests the court with broad discretion to tailor domestic-violence civil protection orders to fit the needs of each particular case.” Id., citing Felton v. Felton, 79 Ohio St.3d 34, 37-38 , 679 N.E.2d 672 (1997). {¶ 19} R.C. 3113.31 states, in pertinent part: (E)(1) After an ex parte or full hearing, the court may grant any protection order, with or without bond, or approve any consent agreement to bring about a cessation of domestic violence against the family or household members or persons with whom the respondent is or was in a dating relationship.

2023The order or agreement may: *** (d) With respect to a petition involving family or household members, temporarily allocate parental rights and responsibilities for the care of, or establish temporary parenting time rights with regard to, minor children, if no other court has determined, or is determining, the allocation of parental rights and responsibilities for the minor children or parenting time rights[.] {¶ 20} In McCue, 187 Ohio App.3d 1 , 2010-Ohio-1298 , 930 N.E.2d 855 , upon which Father relies, a protection order was issued against a father for the protection of -9- his minor child,

2023The order or agreement may: *** (d) With respect to a petition involving family or household members, temporarily allocate parental rights and responsibilities for the care of, or establish temporary parenting time rights with regard to, minor children, if no other court has determined, or is determining, the allocation of parental rights and responsibilities for the minor children or parenting time rights[.] {¶ 20} In McCue, 187 Ohio App.3d 1 , 2010-Ohio-1298 , 930 N.E.2d 855 , upon which Father relies, a protection order was issued against a father for the protection of -9- his minor child,

2019The order or agreement may: {¶43} “* * * 12 {¶44} “(d) With respect to a petition involving family or household members, temporarily allocate parental rights and responsibilities for the care of, or establish temporary parenting time rights with regard to, minor children, if no other court has determined, or is determining, the allocation of parental rights and responsibilities for the minor children or parenting time rights[.]” (Emphasis added.) {¶45} Moreover, “the Supreme Court of Ohio has ‘recognized “the bedrock proposition that once a court of competent jurisdiction has begun the task of

2019The order or agreement may: {¶43} “* * * 12 {¶44} “(d) With respect to a petition involving family or household members, temporarily allocate parental rights and responsibilities for the care of, or establish temporary parenting time rights with regard to, minor children, if no other court has determined, or is determining, the allocation of parental rights and responsibilities for the minor children or parenting time rights[.]” (Emphasis added.) {¶45} Moreover, “the Supreme Court of Ohio has ‘recognized “the bedrock proposition that once a court of competent jurisdiction has begun the task of

2018As this Court has further noted: * * * “[W]hile the court may consider past acts to determine whether the incident at issue constitutes domestic violence, the issuance of a civil protection order cannot be based solely on previous incidents of alleged domestic violence.” Solomon v. Solomon, 157 Ohio App.3d 807 , 813 N.E.2d 918 , 2004–Ohio–2486, at ¶ 23 (Citation omitted.).

2018As this Court has further noted: * * * “[W]hile the court may consider past acts to determine whether the incident at issue constitutes domestic violence, the issuance of a civil protection order cannot be based solely on previous incidents of alleged domestic violence.” Solomon v. Solomon, 157 Ohio App.3d 807 , 813 N.E.2d 918 , 2004–Ohio–2486, at ¶ 23 (Citation omitted.).

2007R.C. 2903.214 states, in relevant part, as follows: "(E)(1) After an ex parte or 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 by the protection order,. . . . {¶ 16} "(2)(a) Any protection order issued pursuant to this section shall be valid until a date certain but not later than five years from the date of its issuance. *Page 6 {¶ 17} "(b) Any protection order issued pursuant to this section may be renewed in the same manner as the original order was issued . . ." {¶

2007R.C. 2903.214 states, in relevant part, as follows: "(E)(1) After an ex parte or 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 by the protection order,. . . . {¶ 16} "(2)(a) Any protection order issued pursuant to this section shall be valid until a date certain but not later than five years from the date of its issuance. *Page 6 {¶ 17} "(b) Any protection order issued pursuant to this section may be renewed in the same manner as the original order was issued . . ." {¶

2004R.C. 3113.31 (E)(1) provides in part: "After an ex parte or full hearing, the court may grant any protection order, with or without bond, or approve any consent agreement to bring about a cessation of domestic violence against the family or household members." {¶ 15} It has been noted that R.C. 3113.31 does not define the term "full hearing." Deacon v. Landers (1990), 68 Ohio App.3d 26 , 29 .

2002The First District Court of Appeals resolved this omission by concluding that the Ohio Supreme Court's holding in Felton v. Felton (1997), 79 Ohio St.3d 34 , 1997-Ohio-302 , 679 N.E.2d 672 applied to petitions for stalking civil protection orders.