Rule 38 Notification Regarding Criminal Protection Orders, Deadly Weapons

Surrender.

(A) Filing of Protection Order Notice into NCIC Upon a court’s issuance, modification, or termination of a criminal or civil ex parte or full protection order pursuant to R.C. 2903.214, 2919.26, or 3113.31 or a no contact order in accordance to 18 U.S.C. 2266(5), the court shall do both of the following:

(1) Thoroughly and accurately complete a Form 7 (formerly 10-A): Protection Order Notice to NCIC, or a form substantially similar thereto, to facilitate the correct entry of the order or agreement into the NCIC database; and

(2) Send a completed Form 7 (formerly 10-A): Protection Order Notice to NCIC, or a form substantially similar thereto, and a copy of the order or agreement to the local law enforcement agency for entry of the order or agreement into the NCIC Protection Order database to facilitate nationwide enforcement of the order or agreement.

(B) Distribution of Packet for Criminal Temporary Protection Order A court that has jurisdiction to issue a temporary protection order pursuant to R.C. 2919.26 shall distribute upon request a forms packet for use in domestic violence temporary protection order proceedings. The packet shall include, at a minimum, forms that are substantially similar to the following:

(1) Form 1 (formerly 10.01-A): General Information about Domestic Violence Protection Orders;

(2) Form 3 (formerly 10.02-A): Domestic Violence Temporary Protection Order (DVTPO) (R.C. 2919.26); and

(3) Form 2 (formerly 10-C): Warning Concerning the Attached Protection Order or Consent Agreement.

(C) Temporary Protection Order Form and Warning In every case in which a court issues or modifies a temporary protection order pursuant to R.C. 2919.26, the court shall use a form that is substantially similar to Form 3 (formerly 10.02-A): Domestic Violence Temporary Protection Order (DVTPO) (R.C. 2919.26) and include a cover sheet that is substantially similar to Form 2 (formerly 10-C): Warning Concerning the Attached Protection Order or Consent Agreement.

(D) Criminal Protection Order Form and Protection Order Warning In every case in which a court issues an ex parte or full hearing criminal protection order pursuant to R.C. 2903.213, it shall use a form that is substantially similar to a “Criminal Protection Order (CRPO)” or Form 4 (formerly 10.03-B) and include a cover sheet that is substantially similar to a “Warning Concerning the Attached Protection Order or Consent Agreement” or Form 2 (formerly 10-C) and send a completed form that is substantially similar to a “Protection Order Notice to NCIC” or Form 7 (formerly 10-A) and copy of the order to the local law enforcement agency for entry into the NCIC Protection Order database.

(E) Notice of Deadly Weapons Surrender Upon receipt of law enforcement, in every case in which a court orders the respondent to surrender deadly weapons and ammunition into the protective custody of law enforcement, it shall enter into the docket a form that is substantially similar to a “Notice of Receipt” or Form 10 (formerly 10-F).

(F) Post-conviction No Contact Order In every case in which a sentencing court imposes community control sanctions that prohibit contact as part of a sentence for a misdemeanor or felony offense for the purpose of preventing violent or threatening acts or harassment against, sexual violence, or contact or communication with or physical proximity to a victim, regardless of the family or household member relationship to the Defendant, it shall use a form that is substantially similar to a “Post-Conviction No Contact Order” or Form 6 (formerly 10-G) and send to the local law enforcement agency a completed form that is substantially similar to a “Protection Order Notice to NCIC” or Form 7 (formerly 10-A)” and a copy of the order for entry into the NCIC Protection Order database.

(G) Notification of Existence of a Protection Order

(1) A court that pursuant to statute provides notice to a respondent or defendant about the existence of a protection order issued against said respondent or defendant by another court shall use a “Notice to Respondent or Defendant About Existence of Protection Order” or Form 9 (formerly 10-D), or a form substantially similar thereto, to document the notification. The Court shall then send the form to the clerk of court that issued the protection order as soon as possible, but no later than three business days from the date the notice was provided to the respondent or defendant.

(2) A court that issued a protection order shall accept a “Notice to Respondent or Defendant About Existence of Protection Order” or Form 9 (formerly 10-D), or a form substantially similar thereto, from a judge, magistrate, or law enforcement officer who provided the respondent notice about the existence of the protection order pursuant to statute. The form shall be docketed and maintained in the protection order case file.

(H) Public Access Exception Direct access, as defined in Sup.R. 11.09, is permitted subject to any restrictions imposed by the Constitution, Revised Code, or the Rules of Superintendence. Any record in a protection order case that is likely to reveal the identity or location of a petitioner or another protected person shall not be available through Sup.R. 11.09 through 11.16.