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Daily Court Reporter - News Supreme Court of Ohio seeks comments on rules updating domestic violence and civil protection orders

 

Supreme Court of Ohio seeks comments on rules updating domestic violence and civil protection orders

Anne Yeager, Supreme Court of Ohio

The Ohio Supreme Court will accept public comments until Oct. 12 on proposed changes to keep domestic violence, stalking, and juvenile protection orders current and relevant.

The proposed changes also include modifications to the rules. For example, a proposed rule change will clarify which protection orders are entered into the FBI’s protection order database and firearms disability database. Its primary purpose is to verify and enforce protection orders issued to prevent acts of domestic violence, dating violence, stalking, and sexual violence.

Revisions to the forms concern updating them to match current best practices, rule changes, statutory changes, and case law since the last update in 2014.

For instance, changes to the petition forms, including using simpler language and integrating guidance and instructions, reflect an effort to ensure all victims have a meaningful interaction with courts. For example, form 10-A, which allows protection orders be entered into the national protection order database to facilitate inter-state enforcement, would encourage courts to report if the order has been served.

Nine forms, including a redundant warning page, are recommended for deletion to promote procedural justice, access to justice, and economies of scale.

Additionally, the Advisory Committee on Domestic Violence proposes 10 new forms, which include dating violence protection order forms, a standard post-conviction no contact order that improves enforcement of such an order while a defendant is under community control or probation, creating a form that verifies when judges, magistrates, or law enforcement officers told defendants about the protection orders issued against them (defendants) , and creating a form to address offenders illegally owning a firearm.

View the complete language of the proposed rule amendments.

Comments on the proposed amendments should be submitted in writing to:

Diana Ramos-Reardon

Ohio Supreme Court

65 South Front St., Sixth Floor

Columbus, OH 43215

or

DomesticViolence@sc.ohio.gov

Date Published: August 17, 2018

 

Supreme Court of Ohio

 

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