Law aims at violators of protection orders

State Sen. Gayle Manning sponsors legislation signed by Gov. Kasich

A new Ohio law gives prosecutors more power to go after people who violate protection orders.

On Dec. 7, state Sen. Gayle Manning, R-North Ridgeville, joined Gov. John Kasich and other supporters for the ceremonial signing of Senate Bill 7.

The bill strengthens existing law so offenders who avoid service of a protection order and knowingly violate the terms of the order can be prosecuted, said Manning, who was a joint sponsor of the legislation.

“There are loopholes in the current law that this legislation helps to eliminate, in order to protect victims of domestic violence, making it clear, that if a protection order is deliberately violated, the violator could be prosecuted,” she said.

The legislation overturns an Ohio Supreme Court ruling that determined current Ohio law does not permit prosecution in cases where the offender knowingly violated a protection order, but did not receive formal service prior to the violation.

“In many cases, current law does not allow for prosecution of individuals who intentionally avoid and knowingly violate protection orders,” said state Sen. Kevin Bacon, R-Minerva Park. “This legislation prevents people who knowingly violate protection orders from taking advantage of the law.”

The Ohio Supreme Court ruling came in a case known as State vs. Smith.

In the ruling, the High Court decided that a potentially violent offender was not properly served with a protection order even though he had been shown an actual copy of the order, according to a summary supplied by Manning’s office.

The case stemmed from a dispute between a man and a woman in the Columbus area.

After a protection order had been issued against him by the court, the man approached the victim at her place of residence.

At that time, she physically showed the order to the man and indicated that he could not be near her. The following day, he broke into the victim’s house and assaulted her.

The offender originally was convicted of violating the protection order.

However, on appeal, the Ohio Supreme Court overturned the conviction, ruling that although the offender was aware of the protection order, he could not be charged with violating the order because he was not formally served by law enforcement prior to the break-in incident.

Senate Bill 7 ensures that violators of protection orders may be charged if the prosecution can establish that the violator knowingly violated its terms, according to the summary from Manning’s office.

The legislation became a part of Ohio law effective Sept. 27, 2017.