Ohio Law
DOMESTIC VIOLENCE FIREARM PROHIBITIONS
Ohio Domestic Violence Firearm Purchase and Possession Prohibitions
Ohio does not prohibit purchase and possession of firearms and ammunition by persons convicted of misdemeanor crimes of domestic violence.
Ohio does not explicitly prohibit purchase and possession of firearms and ammunition by persons subject to domestic violence protection orders, though Ohio domestic violence protection order forms* note that the “respondent shall not possess, use, carry, or obtain any deadly weapon at any time while the order remains in effect[.]”1
OHIO DOMESTIC VIOLENCE PROTECTION ORDER FIREARM REMOVAL
Civil Domestic Violence Protection Orders that Require Removal
Ohio does not explicitly require removal of firearms and ammunition from persons subject to domestic violence protection orders; however, a court may issue a temporary protection order that includes, but is not limited to relief enumerated in the statute.2 A court issuing a temporary or final protection order may also “[g]rant other relief that the court considers equitable and fair, including, but not limited to, ordering the respondent to permit the use of a motor vehicle by the petitioner or, with respect to a petition involving family or household members, other family or household members and the apportionment of household and family personal property[.]”3 Additionally, Ohio domestic violence protection order forms* contain a box judges may check stating that the “respondent shall turn over all deadly weapons and concealed carry weapon license in [r]espondent’s possession to the law enforcement agency that serves [r]espondent with this order as follows[.]”4 The form also provides space for the judge to write instructions on how respondents are to surrender deadly weapons and any concealed carry weapon license.
Individuals Who May Petition for a Protection Order
A person who alleges that the respondent engaged in domestic violence against a “family or household member” of the respondent or against a person with whom the respondent is or was in a “dating relationship” may petition for a domestic violence protection order.5
“Domestic violence” is defined as the occurrence of one or more of the following acts committed against a family or household member:
- Attempting to cause or recklessly causing bodily injury;
- Placing another person by the threat of force in fear of imminent physical harm or committing a violation of section 2903.211* or 2911.211* of the Revised Code;
- Committing any act with respect to a child that would result in the child being an abused child, as defined in section 2151.031* of the Revised Code;
- Committing a sexually oriented offense.6
“Family or household member” means:
- Any of the following who is residing with or has resided with the respondent:
- A spouse, person living as a spouse, or former spouse of the respondent;
- A parent, a foster parent, or a child of the respondent, or another person related by consanguinity or affinity to the respondent;
- A parent or child of a spouse, person living as a spouse, or former spouse of the respondent, or another person related by consanguinity or affinity to a spouse, person living as a spouse, or former spouse of the respondent;
- The natural parent of any child of whom the respondent is the other natural parent or is the putative other natural parent.7
“Person living as a spouse” is defined as “a person who is living or has lived with the respondent in a common law marital relationship, who otherwise is cohabiting with the respondent, or who otherwise has cohabited with the respondent within five years prior to the date of the alleged occurrence of the act in question.”8
“Dating relationship” is defined as “a relationship between individuals who have, or have had, a relationship of a romantic or intimate nature.”9 It does not include “a casual acquaintanceship or ordinary fraternization in a business or social context.”10
Penalties for Violation
A person who violates a protection order is subject to:
- Criminal prosecution for a violation of a protection order which is a misdemeanor of the first degree for a first time offense and a felony of the fifth degree if the offender has previously been convicted of, pleaded guilty to, or been adjudicated a delinquent child for a) a violation of a protection order or consent agreement, or b) two or more violations of aggravated menacing, menacing by stalking, menacing, or aggravated trespass, or any combination of those offenses, that involved the same person who is the subject of the protection order or consent agreement.11
- Punishment for contempt of court.12
