Ohio Revised Code

Ohio Rev. Code § 2930.09 (2026)

Victim's presence at trial

✓ current as of May 2026
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(A)(1) A victim and victim's representative in a case, if applicable, have the right to be present, during any public proceeding, other than a grand jury proceeding. At any stage of the case at which the victim is present, the court shall permit the victim to be accompanied by an individual to provide support to the victim, a victim advocate and victim representative. The victim, victim's representative, and victim's attorney, if applicable, have the right to be heard by the court at any proceeding in which any right of the victim is implicated. If present, the victim, victim's representative, and victim's attorney, if applicable, have the right to be heard orally, in writing, or both.

(2)(a) If the victim or victim's representative is not present at a court proceeding in which a right of the victim is at issue, the court shall ask the prosecutor all of the following:

(i) Whether the victim and victim's representative, if the victim or victim's representative requested notifications, were notified of the time, place, and purpose of the court proceeding;

(ii) To disclose to the court any and all attempts made to give each victim and victim's representative, if applicable, notice;

(iii) Whether the victim or victim representative were advised that the victim and victim's representative had a right to be heard at the court proceeding;

(iv) Whether the victim and victim representative were conferred with pursuant to section 2930.06 of the Revised Code.

(b) If the court determines that timely notice was not given to the victim and victim's representative, if applicable, or that the victim and victim's representative were not adequately informed of the nature of the court proceeding, or that the prosecutor failed to confer with the victim and victim's representative as required by section 2930.06 of the Revised Code, the court shall not rule on any substantive issue that implicates a victim's right, accept a plea, or impose a sentence and shall continue the court proceeding for the time necessary to notify the victim and victim's representative, if applicable, of the time, place, and nature of the court proceeding.

(c) If the victim or victim's representative is not present at a court proceeding in which a right of the victim is at issue, the court may proceed with the hearing if the prosecutor informs the court that the victim and victim's representative, if the victim or victim's representative requested notifications, were notified of the time, place, and purpose of the court proceeding and that the victim or victim's representative had a right to be heard at the court proceeding, and any and all attempts to give each victim and victim's representative, if applicable, notice. The prosecutor shall inform the court of the victim's and victim's representative's, if applicable, position on the matter before the court, if the position is known to the prosecutor.

(B)(1) The victim and victim's representative, if applicable, have the right to be present and be heard at any proceeding in which a negotiated plea for the defendant or alleged juvenile offender will be presented to the court. If present, the victim, victim's representative, and victim's attorney, if applicable, have the right to be heard orally, in writing, or both prior to the acceptance of the plea by the court.

(2) The victim and the victim's representative, if applicable, have a right to elect to not be present at a proceeding in which a negotiated plea for the defendant or alleged juvenile offender will be presented to the court, unless a subpoena was served on the victim or victim's representative, if applicable, compelling the presence of the victim or the victim's representative.

(C) The court shall not accept a negotiated plea agreement if the victim or the victim's representative is absent from the proceeding unless all of the following apply:

(1) The prosecutor advises the court that before requesting and agreeing to a negotiated plea, the prosecutor conferred with the victim and victim's representative, if applicable, pursuant to section 2930.06 of the Revised Code, if the victim or victim's representative requested to confer with the prosecutor.

(2) The prosecutor made reasonable efforts to give the victim and victim's representative, if applicable, notice of the plea proceedings and to inform the victim and victim's representative of the victim's and victim's representative's right to be present and be heard at the plea proceedings.

(3) The prosecutor discloses to the court any and all attempts made to give each victim and victim's representative, if applicable, notice of the plea agreement, including the offense or delinquent act to which the defendant or alleged juvenile offender will plead guilty, the date that the plea will be presented to the court, and the terms of any sentence or disposition agreed to as part of the negotiated plea.

(4) The prosecutor informs the court of any objection by the victim or victim's representative to the plea agreement.

(5) The prosecutor advises the court that to the best of the prosecutor's knowledge the notice requirements of this chapter have been complied with.

(D) The victim and victim's representative, if applicable, have the right to be present and be heard orally, in writing, or both at any proceeding in which the court conducts a hearing on the post-arrest release of the person accused of committing a criminal offense or delinquent act against the victim or the conditions of that release, including the arraignment or initial appearance.

(E) The victim and victim's representative, if applicable, have the right to be present and be heard orally, in writing, or both at any probation or community control revocation disposition proceeding or any proceeding in which the court is requested to terminate the probation or community control of the person who is convicted of committing a criminal offense or delinquent act against the victim.

(F) The victim and victim's representative, if applicable, have the right to be heard orally, in writing, or both at any proceeding in which the court is requested to modify the terms of probation or community control of a person if the modification will affect the person's contact with or the safety of the victim or if the modification involves restitution or incarceration status.

(G) Nothing in this section requires a prosecutor to disclose victim contact information.

Last updated November 2, 2023 at 3:38 PM

Notes of Decisions
Cited in 27 cases (18 in the last 5 years), 2005–2026 · leading case: State v. Montgomery, 2022 Ohio 2211 (Ohio 2022).
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State v. Montgomery, 2022 Ohio 2211 (Ohio 2022). · cites it 7× “R.C. 2930.09. In 2017, an amendment to the Ohio Constitution, Marsy’s Law, established additional constitutional due-process rights for victims and reiterated their right to be present at all public criminal proceedings for the accused.”
State v. Jackson, 836 N.E.2d 1173 (Ohio 2005). · cites it 2× “R.C. 2930.09 provides that a victim in a case may be present whenever the defendant is present during any stage of the case that is conducted on the record, other than a grand-jury proceeding, unless the court determines that exclusion of the victim is necessary to protect the…”
State v. Trent, 2025 Ohio 1278 (Ohio Ct. App. 2025). · cites it 12× “161(A)(1), and her statutory rights to be present and heard at proceedings under R.C. 2930.09 when it failed to notify her of a review hearing at which it terminated Trent’s community control sanctions.”
Grandview Hts. v. B.S.H., 2023 Ohio 940 (Ohio Ct. App. 2023). · cites it 4× “asserted that, as the victim of the charged offense, Ohio Constitution, Article I, Section 10a, R.C. 2930.09, and Evid.R. 615 provided her the right to be present throughout B.”
State v. Heinz (Slip Opinion), 2016 Ohio 2814 (Ohio 2016). “3(B), and pursuant to R.C. 2930.09, a victim in the case has the right to be present.”
State v. Morris, 2016 Ohio 7614 (Ohio Ct. App. 2016). “3(B), and pursuant to R.C. 2930.09, a victim in the case has the right to be present.”
State v. Pickett, 2016 Ohio 4593 (Ohio Ct. App. 2016). · cites it 2× “” R.C. 2930.09 authorizes a victim of the charged offense(s) to remain in the courtroom “whenever the defendant * * * in the case is present during any stage of the case against the defendant * * * that is conducted on the record, other than a grand jury proceeding, unless the…”
State v. Davis, 2023 Ohio 3012 (Ohio Ct. App. 2023). · cites it 4× “615(B)(4), and R.C. 2930.09 by denying her request to be present during the entirety of Davis’s trial.”
State v. Maley, 2013 Ohio 3452 (Ohio Ct. App. 2013). · cites it 3× “She feared that the victim would be able to hear other testimony and tailor his version to the accounts presented to the trial court.”
State v. McConnaughey, 2021 Ohio 3320 (Ohio Ct. App. 2021). “R.C. 2930.09 also provides for the victim’s presence in the courtroom at any stage of the proceedings unless exclusion is required to ensure a fair trial.”
State v. Pennington, 2024 Ohio 5681 (Ohio Ct. App. 2024). · cites it 2× “R.C. 2930.09, as effective at the time of the trial, states that “[a] victim .”
State v. Montgomery, 2019 Ohio 5178 (Ohio Ct. App. 2019). “] {¶20} In furtherance of this constitutional provision, R.C. 2930.09 provides for the victim’s presence in the court room at any stage of the proceeding: A victim in a case may be present whenever the defendant or alleged juvenile offender in the case is present during any…”
Show all 27 citing cases →
— Ohio Rev. Code § 2930.09(A) — 2 cases
State v. Mallory, 2025 Ohio 5064 (Ohio Ct. App. 2025).
State v. Miller, 2025 Ohio 865 (Ohio Ct. App. 2025).
— Ohio Rev. Code § 2930.09(A)(1) — 7 cases
State v. Trent, 2025 Ohio 1278 (Ohio Ct. App. 2025). “161(A)(1), and her statutory rights to be present and heard at proceedings under R.C. 2930.09 when it failed to notify her of a review hearing at which it terminated Trent’s community control sanctions.”
State v. Mallory, 2025 Ohio 5064 (Ohio Ct. App. 2025).
State v. Miller, 2025 Ohio 865 (Ohio Ct. App. 2025).
State v. Reed, 2025 Ohio 1501 (Ohio Ct. App. 2025).
In re M.T., 2025 Ohio 2084 (Ohio Ct. App. 2025).
— Ohio Rev. Code § 2930.09(A)(1)(b) — 1 case
State v. Gibson (Ohio Ct. App. 2026).
— Ohio Rev. Code § 2930.09(A)(2) — 1 case
State v. Miller, 2025 Ohio 865 (Ohio Ct. App. 2025).
— Ohio Rev. Code § 2930.09(A)(2)(a) — 1 case
State v. Trent, 2025 Ohio 1278 (Ohio Ct. App. 2025). “161(A)(1), and her statutory rights to be present and heard at proceedings under R.C. 2930.09 when it failed to notify her of a review hearing at which it terminated Trent’s community control sanctions.”
— Ohio Rev. Code § 2930.09(A)(2)(a)(i) — 2 cases
State v. Trent, 2025 Ohio 1278 (Ohio Ct. App. 2025). “161(A)(1), and her statutory rights to be present and heard at proceedings under R.C. 2930.09 when it failed to notify her of a review hearing at which it terminated Trent’s community control sanctions.”
State v. Gibson (Ohio Ct. App. 2026).
— Ohio Rev. Code § 2930.09(A)(2)(b) — 1 case
State v. Trent, 2025 Ohio 1278 (Ohio Ct. App. 2025). “161(A)(1), and her statutory rights to be present and heard at proceedings under R.C. 2930.09 when it failed to notify her of a review hearing at which it terminated Trent’s community control sanctions.”
— Ohio Rev. Code § 2930.09(B)(1) — 1 case
State v. Mallory, 2025 Ohio 5064 (Ohio Ct. App. 2025).
— Ohio Rev. Code § 2930.09(D) — 1 case
State v. Miller, 2025 Ohio 865 (Ohio Ct. App. 2025).
— Ohio Rev. Code § 2930.09(E) — 2 cases
State v. Trent, 2025 Ohio 1278 (Ohio Ct. App. 2025). “161(A)(1), and her statutory rights to be present and heard at proceedings under R.C. 2930.09 when it failed to notify her of a review hearing at which it terminated Trent’s community control sanctions.”
State v. Reed, 2025 Ohio 1501 (Ohio Ct. App. 2025).
— Ohio Rev. Code § 2930.09(F) — 1 case
State v. Trent, 2025 Ohio 1278 (Ohio Ct. App. 2025). “161(A)(1), and her statutory rights to be present and heard at proceedings under R.C. 2930.09 when it failed to notify her of a review hearing at which it terminated Trent’s community control sanctions.”
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