Ohio Civ.R. 65.1

History

Effective Date: July 1, 2012 Amended: July 1, 2016; July 1, 2023; July 1, 2025; July 1, 2026 Effective Date: July 1, 2026 Staff Note (July 1, 2012 Amendment) The special statutory proceedings established by R.C. 3113.31, R.C. 2151.34, and R.C. 2903.214 provide regulations and requirements for the entry of civil protection orders against adults and juveniles for the protection of victims of domestic violence, st alking, and sexually oriented offenses. Each of those statutes provides that the proceedings, which customarily proceed pro se, “shall be conducted in accordance with the Rules of Civil Procedure.” Rule 65.1 is adopted to provide a set of provisions uniquely applicable to those statutory proceedings because application of the existing rules, particularly with respect to service, discovery, and reference to magistrates, interferes with the statutory process and is inconsistent with its purposes. Division (A) Applicability; construction; other rules Division (A) provides that the rule applies to protection order proceedings under the three specified statutes, and specifies that the provisions of the rule are to be interpreted and applied consistently with the intent and purpose of those statutes and supersede any inconsistent Rules of Civil Procedure. Division (B) Definitions The statutes contain defined terms. Division (B) incorporates those definitions in construing any of the same terms included in the rule. Division (C) Service The statutes each provide for obtaining an ex parte protection order, followed by service on the Respondent of the petition, any ex parte order that has been entered, and notice of the date scheduled for the full hearing. Division (C) provides that it is the responsibility of the clerk to cause service to be made of all documents required to be served on the Respondent. Initial service, and service of any ex parte order that is entered, is to be made in the same manner as personal service of process. In addition to personal service, or upon failure of that service, service may be made by other methods of service of process. The relevant statutes require that a Respondent be served with a protection order on the same day the order is entered, and therefore, an initial attempt by personal service is necessary. Although other methods of service are permitted in the event of failure of personal service, until the Respondent has actual notice of a protection order, the order could not be enforced against that Respondent, nor could the Respondent be prosecuted for violations occurring prior to such actual notice. Once initial service has been made, further service during the course of the proceedings is to be made in accordance with Civ.R. 5(B). Division (D) Discovery The statutes do not address discovery. Division (D) provides for discovery only upon a court order containing accommodations and protections deemed necessary for the protection of the Petitioner. Division (D)(1) states that discovery shall be completed prior to the date set for the full hearing. Since the statutes provide for a relatively short period of time between the entry of an ex parte order and the date of the full hearing, there may not be sufficient time for meaningful discovery in such cases, and a statutory request for a continuance of the full hearing would be appropriate. Division (E) Appointed counsel for minor at full hearing The entry of a protection order against a minor is addressed by R.C. 2151.34. That statute provides that “the court, in its discretion, may determine if the respondent is entitled to court-appointed counsel at the full hearing.” Division (E) restates that provision. Division (F) Proceedings in matters referred to magistrates The statutes provide expedited processes for obtaining an ex parte protection order and for obtaining a protection order after a full hearing. When the proceedings are referred to a magistrate, several of the provisions of Civ.R. 53 are incompatible with those processes, particularly with respect to temporary magistrate “orders” to regulate the proceedings, independent review by the court of magistrate “decisions” rendered after hearing, and the filing and consideration of objections to those magistrate “decisions.” Divisions (F)(2)(b)(ii) and (F)(3)(b) exempt these protection order proceedings from the Civ.R. 53 requirements for magistrate temporary “orders” to regulate the proceedings and magistrate “decisions” rendered after hearing. Divisions (F)(2)(b)(iii) and (F)(3)(c)(iv) exempt the proceedings from the requirements applicable to orders entered by the court after referral to magistrates. Division (F)(2)(b)(1) provides that a magistrate may enter an ex parte protection order without judicial approval, and that the ex parte order is effective when signed by the magistrate and filed with the clerk. Division (F)(3)(c) provides that a magistrate’s ruling after a full hearing is not effective until adopted by the court, permits adoption upon a determination that “there is no error of law or other defect evident on the face of the order,” and also permit s the court to modify or reject the magistrate’s ruling. Adoption, modification, or rejection is effective when signed by the court and filed with the clerk. Division (F)(3)(d)(i) is intended to encourage the parties, as an alternative to immediate appeal, to allow the trial court to review a court’s adoption, modification, or rejection of a magistrate’s protection order ruling based on the record, by filing objections in the tria l court. Pursuant to division (F)(3)(d)(ii) the filing of objections does not stay execution of the protection order (but pursuant to division (G) the filing of objections does stay the time for appeal). Division (F)(3)(d)(iii) provides that the objecting party has the burden of showing either “that an error of law or other defect is evident on the face of the order, or that the credible evidence of record is insufficient to support the granting or denial of the protection order or that the magistrate abused the magistrate’s discretion in including or failing to include specific terms in the protection order. Division G Final order; stay of appeal Each statute provides that the granting or denial of a protection order, other than an ex parte order, is a final appealable order. Consistent with that provision, division (G) states that such rulings are final and appealable, notwithstanding the provisions of any other rule, such as Civ.R. 60(B). However, division (G) also provides that the timely filing of objections to the court’s adoption or modification of a magistrate’s protection order ruling stays the running of the time for appeal until the filing of the court’s ruling on the objections. Staff Note (July 1, 2016 Amendment) Division (C) Service It is well-established that all proceedings under R.C. 3113.31, R.C. 2151.34, and R.C. 2903.214 must follow the Rules of Civil Procedure. See, e.g., State v. Smith, 136 Ohio St. 3d 1, 2013-Ohio-1698 at ¶21. Accordingly, division (C) of this rule provides clear direction regarding the methods of service in civil protection order proceedings. Division (C)(2) of this rule directs the clerk of court to cause the first attempt at initial service in these proceedings, including service of a copy of the petition and an ex parte order, by personal service of process. This method of service provides the respondent expeditious notice consistent with the urgent nature of these proceedings. Notwithstanding, division (C)(2) of this rule also recognizes, only upon failure of personal service, the other methods of service of process in the Rules of Civil Procedure, i.e., Civ.R. 4 through 4.6, provide similar reliable form of notice for the initial service. The plain language of division (C)(3) of this rule indicates that subsequent service in civil protection order proceedings after the petition and ex parte order has been served, including service of a protection order entered after full hearing, must follo w Civ.R. 5(B). In following the authority of Civ.R. 5(B), division (C)(3) of this rule fosters consistency regarding service subsequent to the original complaint, provides a clear direction and discretion regarding the methods of service appropriate for subsequent service in civil protection order proceedings under Civ.R. 5(B), and ensures the Respondent receives reliable notice of full hearing civil protection orders. Additionally, Civ.R. 5(B)(3) requires a proof of service record be created, which includes the date and specific manner by which the service was made under Civ.R. 5(B)(2). Consistent with R.C. 3113.31, R.C. 2151.34, and R.C. 2903.214, division (C)(4)(a) of this rule recognizes that the statutory urgency of adjudicating a civil protection order petition is not part of a motion for renewal, contempt, modification, or terminati on of a full hearing civil protection order or an approved consent agreement. Accordingly, an initial attempt by personal service is not required and any of the methods of service under Civ.R. 4 through Civ.R. 4.6 is appropriate for such a motion. Division (C)(4)(b) aligns with division (C)(3) of this rule and clarifies that subsequent service in proceedings for renewal, contempt, modification, or termination of a full hearing civil protection order or an approved consent agreement is to be made in accordance with Civ.R. 5(B). Division (F) Proceedings in matters referred to magistrates A new division (F)(3)(e) of this rule is also added to address issues discussed in Schneider v. Razek, 2015-Ohio-410 (8th Dist.) relating to proceedings on motions for renewal, contempt, modification, or termination of civil protection orders. Division (G) Final order; objections prior to appeal; stay of appeal Division (G) of this rule is amended to require that a party must file objections prior to filing an appeal from a trial court's otherwise appealable adoption, modification, or rejection of a magistrate’s ruling. This amendment is grounded on two key prin ciples. First, it promotes the fair administration of justice, including affording the trial court an opportunity to review the transcript and address any insufficiency of evidence or abuse of discretion that would render the order or a term of the order unjust. Second, it creates a more robust record upon which the appeal may proceed. Staff Note (July 1, 2026 Amendment) (Language Transferred Commentary April 15, 2021 from Sup.R. 10) Form 9 (formerly 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, 136 Ohio St.3d 1, so that unperfected service of a protection order or consent agreement does not preclude a prosecution for a viola tion 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. (Commission Staff Note) 18 USC 2265(d)(3) limits internet publication of protection order information. The federal statute provides that a State “… shall not make available publicly on the Internet any information regarding the registration, filing of a petition for, or issuance of a protection order, restraining order or injunction, restraining order, or injunction … if such publication would be likely to publicly reveal the identity or location of the party protected under such order. A State … may share court-generated and la w enforcement- generated information contained in secure, governmental registries for protection order enforcement purposes.” Rule 65.2. Civil Protection Order Forms. (A) Distribution of Packets (1) Civil Protection Order Against an Adult Packet The division of the Court of Common Pleas with jurisdiction over domestic violence civil protection order proceedings shall distribute upon request a forms packet for use in domestic violence civil protection order proceedings under R.C. 3113.31. The forms packet shall include, at a minimum, forms and instructions that are substantially similar to the following: (a) Form 1 (formerly 10.01 -A): General Information About Domestic Violence Protection Orders; (b) Form 3 (formerly 10.01 -C): Information About Filing A Domestic Violence Or Dating Violence Civil Protection Order Petition; (c) Form 4 (formerly 10.01 -D): Petition for Domestic Violence Civil Protection Order (R.C. 3113.31); (d) Form 5 (formerly 10.01 -F): Information for Parenting Proceeding Affidavit; (e) Form 6 (formerly 10.01 -H): Domestic Violence Civil Protection Order (CPO) Ex Parte (R.C. 3113.31); and (f) Form 2 (formerly 10 -C): Warning Concerning the Attached Protection Order or Consent Agreement. (2) Dating Violence Protection Order Packet The division of the Court of Common Pleas with jurisdiction over dating violence civil protection order proceedings shall distribute upon request a forms packet for use in dating violence protection order proceedings pursuant to R.C. 3113.31. The packet s hall include, at a minimum, forms that are substantially similar to the following: (a) Form 3 (formerly 10.01 -C): Information About Filing A Domestic Violence Or Dating Violence Civil Protection Order Petition; (b) Form 13 (formerly 10.01 -P): Petition for Dating Violence Civil Protection Order; (c) Form 14 (formerly 10.01 -Q): Dating Violence Civil Protection Order (DTCPO) Ex Parte; and (d) Form 2 (formerly 10 -C): Warning Concerning the Attached Protection Order or Consent Agreement. (3) Civil Stalking and Civil Sexually Oriented Offense Protection Order Packet The division of the Court of Common Pleas with jurisdiction over civil stalking and civil sexually oriented offense protection order proceedings shall distribute upon request a forms packet for use in civil stalking protection order or civil sexually oriented offense protection order proceedings pursuant to R.C. 2903.214. The packet shall include, at a minimum, forms and instructions that are substantially similar to the following: (a) Form 23 (formerly 10.03 -G): Instructions for Obtaining Civil Stalking Protection Order or Civil Sexually Oriented Offense Protection Order (SSOOPO); (b) Form 24 (formerly 10.03 -D): Petition for Civil Stalking Protection Order or Sexually Oriented Offense Protection Order (SSOOPO) (R.C. 2903.214); and (c) Form 25 (formerly 10.03 -E): Civil Stalking Protection Order or Civil Sexually Oriented Offense Protection Order (SSOOPO) Ex Parte (R.C. 2903.14). (4) Civil Protection Order Against a Minor Packet The division of a court of common pleas that has jurisdiction to issue a civil protection order against a minor pursuant to R.C. 2151.34 and 3113.31 shall distribute, upon request, a forms packet for use in juvenile civil protection order proceedings against a juvenile respondent pursuant to R.C. 2151.34 and 3113.31. The packet shall include, at a minimum, forms that are substantially similar to the following: (a) Form 18 (formerly 10.05 -A): Information About Filing A Juvenile Civil Protection Order Or A Juvenile Domestic Violence Civil Protection Order Petition; and (b) Form 19 (formerly 10.05-B): Petition For Juvenile Civil Protection Order or Juvenile Domestic Violence Civil Protection Order (R.C. 2151.34 and 3113.31); and (c) Form 2 (formerly 10 -C): Warning Concerning the Attached Protection Order or Consent Agreement. (B) Use of Protection Order Forms and Protection Order Warning (1) Domestic Violence Civil Protection Order and Consent Agreement Against an Adult (a) In every case in which a court issues an ex parte or full hearing civil protection order or approves a consent agreement against an adult pursuant to R.C. 3113.31, the court shall use the applicable forms that are substantially similar to Form 6 (formerly 10.01-H): Domestic Violence Civil Protection Order (CPO) Ex Parte (R.C. 3113.31), Form 7 (formerly 10.01-I): Domestic Violence Civil Protection Order (CPO) Full Hearing (R.C. 3113.31); or Form 8 (formerly 10.01 -J): Consent Agreement and Domestic Violence Civil Protection Order (R.C. 3113.31) and include a cover sheet that is substantially similar to Form 2: Warning Concerning the Attached Protection Order or Consent Agreement. (b) In every case in which the court modifies the terms of a full hearing civil protection order or a consent agreement pursuant to R.C. 3113.31, it shall use the applicable forms that are substantially similar to Form 10 (formerly 10.01-L): Judgment Entry on Motion to Modify/Terminate Domestic Violence or Dating Violence Civil Protection Order or Consent Agreement and Form 11 (formerly 10.01 -M): Modified Domestic Violence Civil Protection Order and include a cover sheet that is substantially similar to Form 2 (formerly 10 -C): Warning Concerning the Attached Protection Order or Consent Agreement. (2) Dating Violence Protection Orders (a) In every case in which a court issues an ex parte or full hearing dating violence protection order or approves a consent agreement pursuant to R.C. 3113.31, the court shall use the applicable forms that are substantially similar to Form 14 (formerly 10.01 -Q): Dating Violence Civil Protection Order (DTCPO) Ex Parte, Form 15 (formerly 10.01 -R): Dating Violence Civil Protection Order (DTCPO) Full Hearing, or Form 16 (formerly 10.01- S): Consent Agreement and Dating Violence Civil Protection Order and include a cover sheet that is substantially similar to Form 2 Warning Concerning the Attached Protection Order or Consent Agreement. (b) In every case in which the court modifies the terms of a dating violence protection order or a consent agreement pursuant to statute, it shall use the applicable forms that are substantially similar to Form 10 (formerly 10.01 - L): Judgment Entry on Motion to Modify/Terminate Domestic Violence or Dating Violence Civil Protection Order or Consent Agreement and Form 17 (formerly 10.01-T): Modified Dating Violence Civil Protection Order and include a cover sheet that is substantially similar to Form 2 (formerly 10- C): Warning Concerning the Attached Protection Order or Consent Agreement. (3) Civil Stalking Protection Order or Civil Sexually Oriented Offense Protection Orders In every case in which a court issues an ex parte or full hearing civil stalking protection order or a civil sexually oriented offense protection order pursuant to R.C. 2903.214, it shall use the applicable form that is substantially similar to Form 25 (formerly 10.03-E): Civil Stalking Protection Order or Civil Sexually Oriented Offense Protection Order (SSOOPO) Ex Parte (R.C. 2903.14) or Form 26 (formerly 10.03-F): Civil Stalking Protection Order or Civil Sexually Oriented Offense Protection Order (SSOOPO) Full Hearing (R.C. 2903.14) and include a cover sheet that is substantially similar to Form 2 (formerly 10 -C): Warning Concerning the Attached Protection Order or Consent Agreement. (4) Civil Protection Order Against a Minor In every case in which a court issues an ex parte or full hearing civil protection order against a minor pursuant to R.C. 2151.34, it shall use the applicable form that is substantially similar to Form 20 (formerly 10.05 -C): Juvenile Civil Protection Order Or Juvenile Domestic Violence Civil Protection Order Ex Parte (R.C. 2151.34 Or 3113.31) or Form 21 (formerly 10.05 -D): Juvenile Civil Protection Order Full Hearing (R.C. 2151.34) and include a cover sheet that is substantially similar to Form 2 (formerly 10 -C): Warning Concerning the Attached Protection Order or Consent Agreement. (5) Domestic Civil Protection Order Against a Minor In every case in which a court issues an ex parte or full hearing civil protection order against a minor pursuant to R.C. 3113.31, it shall use the applicable form that is substantially similar to Form 20 (formerly 10.05 -C): Juvenile Civil Protection Order Or Juvenile Domestic Violence Civil Protection Order Ex Parte (R.C. 2151.34 Or 3113.31) or Form 22 (formerly 10.05-E): Juvenile Domestic Violence Civil Protection Order And Consent Agreement Protection Order and include a cover sheet that is substantially similar to Form 2 (formerly 10 -C): Warning Concerning the Attached Protection Order or Consent Agreement. (6) Notice of Deadly Weapons Surrender In every case in which a court orders the respondent to surrender deadly weapons, including firearms and ammunition, into the protective custody of law enforcement, the court shall enter into the docket a form that is substantially similar to Form 31 (formerly 10 -F): Notice of Receipt when the same is received from law enforcement. (7) Wireless Service Transfer Order In every case in which a court orders the transfer of wireless service as a term of an ex parte or full hearing civil protection order, it shall complete a form that is substantially similar to Form 29 (formerly 10-E): Wireless Service Transfer Order in Domestic Violence Civil Protection Order. Staff Note (July 1, 2026 Amendment) (Transferred Commentary January 1, 1998, from Sup.R. 10.01) On December 9, 1994, Am.Sub.H.B. No. 335 became effective, which made significant changes to Ohio’s domestic violence laws. Section 4 of Am.Sub.H.B. 335 states as follows: The General Assembly hereby requests the Supreme Court, in consultation with the Department of Human Services, to prescribe a form that is to be filed by a petitioner seeking a civil protection order under section 3113.31 of the Revised Code and that makes reference to all the forms of relief that a court is authorized to grant under division (E) of section 3113.31 of the Revised Code, as amended by this act, contains space for the petitioner to request any of those forms of relief, and includes instruction s for completing the form so that a petitioner may file the form without the assistance of an attorney. The Supreme Court, in consultation with its Domestic Violence Task Force, developed forms in response to the General Assembly’s request in Am.Sub.H.B. No. 335. During its eighteen months of study, the Supreme Court’s Domestic Violence Task Force determined that due to the variety of protection order forms used by Ohio courts, it can be difficult for law enforcement officers to recognize valid protection orders and understand the pertinent provisions of such orders. The Task Force also discovered that misconceptions exist in regard to the penalties for violating protection orders. Upon recommendation of the Task Force, the Court developed this rule and Forms 10.02-A and 10C to address these concerns. (Commission Staff Note) Civ.R. 65.2(B)(6) references Form 31, which requires notification to be provided to the court by law enforcement when a person surrenders to law enforcement a deadly weapon or ammunition pursuant to a court’s protection order. The term “deadly weapon” is defined in R.C. 2923.11(A) to include “any instrument, device, or thing capable of inflicting death, and designed or specially adapted for use as a weapon, or possessed, carried, or used as a weapon.” This includes firearms, see e.g. R.C. 2923.11(B) -(G). This comports with 18 U.S. Code § 922(g)(8), which prohibits the possession of “any firearm or ammunition” by a person who is subject to a protection order issued after a full hearing or by consent agreement.