As used in sections 3113.33 to 3113.40 of the Revised Code:

Terms Used In Ohio Code 3113.33

  • Another: when used to designate the owner of property which is the subject of an offense, includes not only natural persons but also every other owner of property. See Ohio Code 1.02
  • Child: includes child by adoption. See Ohio Code 1.59
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59

(A) “Domestic violence” means any of the following:

(1) Attempting to cause or causing bodily injury to a family or household member, or placing a family or household member by threat of force in fear of imminent physical harm;

(2) Attempting to cause or causing bodily injury to a person with whom the actor is or was in a dating relationship, or placing a person with whom the actor is or was in a dating relationship by threat of force in fear of imminent physical harm.

(B) “Family or household member” means any of the following:

(1) Any of the following who is residing or has resided with the person committing the domestic violence:

(a) A spouse, a person living as a spouse, or a former spouse of the person committing the domestic violence;

(b) A parent, foster parent, or child of the person committing the domestic violence, or another person related by consanguinity or affinity to the person committing the domestic violence;

(c) A parent or a child of a spouse, person living as a spouse, or former spouse of the person committing the domestic violence, or another person related by consanguinity or affinity to a spouse, person living as a spouse, or former spouse of the person committing the domestic violence;

(d) The dependents of any person listed in division (B)(1)(a), (b), or (c) of this section.

(2) The natural parent of any child of whom the person committing the domestic violence is the other natural parent or is the putative other natural parent.

(C) “Shelter for victims of domestic violence” or “shelter” means a facility that provides temporary residential service or facilities to family or household members who are victims of domestic violence or to persons with whom the actor is or was in a dating relationship who are victims of domestic violence.

(D) “Person living as a spouse” means a person who is living or has lived with the person committing the domestic violence in a common law marital relationship, who otherwise is cohabiting with the person committing the domestic violence, or who otherwise has cohabited with the person committing the domestic violence within five years prior to the date of the alleged occurrence of the act in question.

(E) “Dating relationship” has the same meaning as in section 3113.31 of the Revised Code.

(F) “Person with whom the actor is or was in a dating relationship” means an individual who, at the time of the conduct in question, is in a dating relationship with the actor who is an adult or who, within the twelve months preceding the conduct in question, has had a dating relationship with the actor who is an adult.

(G) “Actor” means a person who attempts to cause or causes bodily injury to another, or places another by threat of force in fear of imminent physical harm.

Last updated February 8, 2023 at 12:59 PM