Ohio Rev. Code » Chapter 2945
Ohio Revised Code

Ohio Rev. Code § 2945.04 (2026)

Orders to prevent Intimidation of attorney, victim or witness in criminal case

✓ current as of May 2026
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Effective:
December 9, 1994
Latest Legislation:
House Bill 335 - 120th General Assembly
PDF:
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(A) If a motion is filed with a court before which a criminal case is pending alleging that a person has committed or is reasonably likely to commit any act prohibited by section 2921.04 of the Revised Code in relation to the case, if the court holds a hearing on the motion, and if the court determines that the allegations made in the motion are true, the court may issue an order doing any or any combination of the following, subject to division (C) of this section:

(1) Directing the defendant in the case not to violate or to cease a violation of section 2921.04 of the Revised Code;

(2) Directing a person other than a defendant who is before the court, including, but not limited to, a subpoenaed witness or other person entering the courtroom of the court, not to violate or to cease a violation of section 2921.04 of the Revised Code;

(3) Directing the defendant or a person described in division (A)(2) of this section to maintain a prescribed geographic distance from any specified person who is before the court, including, but not limited to, the victim of the offense that is the basis of the case or a subpoenaed witness in the case;

(4) Directing the defendant or a person described in division (A)(2) of this section not to communicate with any specified person who is before the court, including, but not limited to, the victim of the offense or a subpoenaed witness in the case;

(5) Directing a specified law enforcement agency that serves a political subdivision within the territorial jurisdiction of the court to provide protection for any specified person who is before the court, including, but not limited to, the victim of the offense or a subpoenaed witness in the case;

(6) Any other reasonable order that would assist in preventing or causing the cessation of a violation of section 2921.04 of the Revised Code.

(B) If a motion is filed with a court in which a criminal complaint has been filed alleging that the offender or another person acting in concert with the offender has committed or is reasonably likely to commit any act that would constitute an offense against the person or property of the complainant, his ward, or his child , if the court holds a hearing on the motion, and if the court determines that the allegations made in the motion are true, the court may issue an order doing one or more of the following, subject to division (C) of this section:

(1) Directing the defendant in the case not to commit an act or to cease committing an act that constitutes an offense against the person or property of the complainant, his ward, or child ;

(2) Directing a person other than the defendant who is before the court, including, but not limited to, a subpoenaed witness or other person entering the courtroom, not to commit an act or to cease committing an act that constitutes an offense against the person or property of the complainant, his ward, or child ;

(3) Directing the defendant or a person described in division (B)(2) of this section to maintain a prescribed geographic distance from any specified person who is before the court, including, but not limited to, the complainant or the victim of the offense, or a subpoenaed witness in the case;

(4) Directing the defendant or a person described in division (B)(2) of this section not to communicate with any specified person who is before the court, including, but not limited to, the complainant, the victim of the offense, or a subpoenaed witness in the case;

(5) Directing a specified law enforcement agency that serves a political subdivision within the territorial jurisdiction of the court to provide protection for any specified person who is before the court, including, but not limited to, the complainant, the victim of the offense, or a subpoenaed witness in the case;

(6) When the complainant and the defendant cohabit with one another but the complainant is not a family or household member, as defined in section 2919.25 of the Revised Code, granting possession of the residence or household to the complainant to the exclusion of the defendant by evicting the defendant when the residence or household is owned or leased solely by the complainant or by ordering the defendant to vacate the premises when the residence or household is jointly owned or leased by the complainant and the defendant;

(7) Any other reasonable order that would assist in preventing or causing the cessation of an act that constitutes an offense against the person or property of the complainant, his ward, or child .

(C) No order issued under authority of division (A) or (B) of this section shall prohibit or be construed as prohibiting any attorney for the defendant in the case or for a person described in division (A)(2) or (B)(2) of this section from conducting any investigation of the pending criminal case, from preparing or conducting any defense of the pending criminal case, or from attempting to zealously represent his client in the pending criminal case within the bounds of the law. However, this division does not exempt any person from the prohibitions contained in section 2921.04 or any section of the Revised Code that constitutes an offense against the person or property of the complainant, his ward, or his child , or provide a defense to a charge of any violation of that section or of an offense of that nature.

(D)(1) A person who violates an order issued pursuant to division (A) of this section is subject to the following sanctions:

(a) Criminal prosecution for a violation of section 2921.04 of the Revised Code, if the violation of the court order constitutes a violation of that section;

(b) Punishment for contempt of court.

(2) A person who violates an order issued pursuant to division (B) of this section is subject to the following sanctions:

(a) Criminal prosecution for a violation of a section of the Revised Code that constitutes an offense against the person or property of the complainant, his ward, or child ;

(b) Punishment for contempt of court.

(E)(1) The punishment of a person for contempt of court for violation of an order issued pursuant to division (A) of this section does not bar criminal prosecution of the person for a violation of section 2921.04 of the Revised Code.

(2) The punishment of a person for contempt of court for a violation of an order issued pursuant to division (B) of this section does not bar criminal prosecution of the person for an offense against the person or property of the complainant, his ward, or child .

(3) A person punished for contempt of court under this section is entitled to credit for the punishment imposed upon conviction of a violation of the offense arising out of the same activity, and a person convicted of such a violation shall not subsequently be punished for contempt of court arising out of the same activity.
Notes of Decisions
Cited in 14 cases (3 in the last 5 years), 1954–2025 · leading case: State v. Titak, 144 N.E.2d 255 (Ohio Ct. App. 1955).
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State v. Titak, 144 N.E.2d 255 (Ohio Ct. App. 1955). · cites it 2× “” Further defendant charges that in his general charge to the jury the trial judge failed, and thereby erred to his prejudice, to “state the meaning of presumption of innocence” as required by §2945.04 R. C., where it is said:— “A defendant in a criminal action is presumed to be…”
State v. Goodman, 221 N.E.2d 202 (Ohio Ct. App. 1966). · cites it 2× “We are unaware that anyone has seriously contended that this presumption created by the Legislature waters down the presumption of innocence which is also provided by statute, namely, Section 2945.04, Revised Code. The Legislature has the power to establish uniform maximum…”
Brookhart v. Haskins, 205 N.E.2d 911 (Ohio 1965). · cites it 2× “Section 2945.04, Revised Code. *45 Both the trial court and defense counsel considered the petitioner guilty before the hearing commenced, as is evidenced by the record, in this language: “The Court: # * the prima facie case is where the defendant, not technically or legally, in…”
State v. Fisher, 245 N.E.2d 358 (Ohio Ct. App. 1969). · cites it 3× “) Section 2945.04, Revised Code, provides, in part: “A defendant in a criminal action is presumed to be innocent until he is proved guilty of the crime charged, and in case of a reasonable doubt whether his guilt is satisfactorily shown, he shall be acquitted.”
State v. Saylor, 216 N.E.2d 622 (Ohio 1966). · cites it 2× “However, under Section 2945.04 of the Revised Code, the accused is presumed innocent until proved guilty beyond a reasonable doubt.”
State v. Furman, 2023 Ohio 3019 (Ohio Ct. App. 2023). “{¶24} “In a criminal case, where the trial court's charge to the jury amplifies upon the statutory definition of reasonable doubt, mandated by [former] R.C. 2945.04, the complained of amplification must be erroneous and prejudicial to the complaining party before the judgment of…”
City of Toledo v. Tucker, 133 N.E.2d 411 (Ohio Ct. App. 1954). · cites it 2× “, 433 ; Section 2945.04, Revised Code. In the instant eases, the defendant was charged with fail *348 ure to comply with a lawful order of the commissioner of health, and at his trials had the right to rely upon the charges as stated in the affidavits.”
State v. Stubbs, 153 N.E.2d 214 (Ohio Ct. App. 1958). “*272 In this case the charge as enlarged upon was not consistent with the provisions of §2945.04 R. C. Obviously, any further explanation of reasonable doubt and presumption of innocence must be consistent with the statute.”
Furman v. Mackey (N.D. Ohio 2025). ““Proof beyond a reasonable doubt” is proof of such character that an ordinary person would be willing to rely and act upon it in the most important of the person’s own affairs. {¶24} “In a criminal case, where the trial court’s charge to the jury amplifies upon the statutory…”
State v. Sheppard, 165 Ohio St. (N.S.) 293 (Ohio 1956). · cites it 4× “)” Also in Section 2945.04, Revised Code, it is said: “A defendant in a criminal action is presumed to be innocent until he is proved guilty of the crime charged, and in case of a reasonable doubt whether his guilt is satisfactorily shown, he shall be acquitted.”
State v. Long, 2021 Ohio 2202 (Ohio Ct. App. 2021). “20AP-106 12 restraints through a full hearing"), and at 6 (referring to procedures under R.C. 2945.04(A)(2) relating to orders against intimidating witnesses, victims, or lawyers, but also seeking to preserve a case for contempt in these circumstances without regard to violation…”
State v. Snyder, 140 N.E.2d 427 (Ohio Ct. App. 1956). · cites it 2× “” Section 2945.04, Revised Code, provides: “A defendant in a criminal action is presumed to be inno *509 cent until he is proved guilty of the crime charged, and in case of a reasonable doubt whether his guilt is satisfactorily shown, he shall be acquitted.”
Show all 14 citing cases →
Ohio Rev. Code § 2945.04(A)(2): 1 case
State v. Long, 2021 Ohio 2202 (Ohio Ct. App. 2021). “20AP-106 12 restraints through a full hearing"), and at 6 (referring to procedures under R.C. 2945.04(A)(2) relating to orders against intimidating witnesses, victims, or lawyers, but also seeking to preserve a case for contempt in these circumstances without regard to violation…”
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