Document II · Proposed Bill Draft
Ohio Domestic Violence
Enforcement Act
Proposed amendments to ORC §§ 2935.03 · 2935.032 · 2930.06 · 2930.19. Four amendments that close the three escape hatches in Ohio's DV framework and give the constitutional rights Ohioans already passed enforcement teeth.
§ I · The structural betrayal
Three hidden escape hatches render every protection unenforceable.
Ohio's framework contains some of the most robust-sounding victim-protection language in the Revised Code. It also contains three carefully hidden carve-outs. These gaps are the product of legislative choices — and legislative choices can be reversed.
| The right | The hidden escape hatch | The real-world result |
|---|---|---|
| Police must respond and arrest when probable cause exists (§ 2935.03(B)(3)(b)) | 'Preferred' arrest — not mandatory. Officer retains discretion. Non-arrest requires only an internal written reason. | Officers routinely decline to arrest with no consequence. Survivor has no access to the report and no remedy. |
| Prosecutor must confer with victim before diversion or plea (§ 2930.06(A)) | 'To the extent practicable' — four words that swallow the duty. No timeline. No format. No consequence for refusal. | Prosecutors routinely refuse to meet with survivors. No mechanism to compel a meeting. Survivor shut out of their own case. |
| Victim rights protected 'no less vigorously than rights of the accused' (Const. Art. I § 10a) | § 2930.19(B): 'The failure of a public official to comply does not give rise to a claim for damages.' | Constitutional rights with zero enforcement teeth. Officials violate with impunity. |
Mandatory Arrest — Closing the 'Preferred' Loophole
One word change, plus a structured non-arrest authorization process that preserves legitimate officer discretion without allowing casual refusal.
A. Current statutory text
"If pursuant to division (B)(3)(a) of this section a peace officer has reasonable grounds to believe that the offense of domestic violence or the offense of violating a protection order has been committed and reasonable cause to believe that a particular person is guilty of committing the offense, it is the preferred course of action in this state that the officer arrest and detain that person…"
"If a peace officer does not arrest and detain a person… the officer shall articulate in the written report of the incident… a clear statement of the officer's reasons for not arresting…"
B. The gap
The Enforcement Gap
"Preferred" is a policy word, not a legal mandate. The Ohio Domestic Violence Network Model Protocol confirms it leaves discretion with the officer. The written report requirement creates only an internal paper trail — no survivor access, no timeline for supervisor review, no external reporting, no civil remedy, no independently enforceable discipline.
C. Proposed amendment
preferred mandatory course of action in this state that the officer arrest and detain that person, unless the supervising officer on duty authorizes a non-arrest in writing pursuant to division (B)(3)(b)(i).
When a peace officer determines that arrest is not warranted notwithstanding probable cause, the officer shall:
- Obtain written authorization from the supervising officer on duty before leaving the scene (or within two hours if exigent);
- Provide the victim a written statement at the scene with the officer's name and badge, the stated reason, the right to file a citizen complaint, the right to apply directly for a protection order under § 3113.31, and the contact for the county prosecutor's victim services office;
- File a supervisor-countersigned non-arrest report within 24 hours;
- Transmit a copy of the non-arrest report to the county prosecutor's office within 48 hours.
A victim may request a copy of the non-arrest report. The agency shall provide it within five business days. Denial constitutes grounds for a complaint to the Ohio Attorney General under § 109.94.
Mandatory Prosecutor Conference
Eliminate 'to the extent practicable.' Establish a timeline. Activate Attorney General review when prosecutors refuse.
A. Current statutory text
"The prosecutor in a case, to the extent practicable, shall confer with the victim in the case before pretrial diversion is granted to the defendant, before a negotiated plea to the charge is entered, before a charge is amended or dismissed, or before the prosecution of the charge is discontinued."
B. The gap
The Enforcement Gap
"To the extent practicable" provides no timeline, no format, and no consequence for refusal. A prosecutor who simply declines to respond to a victim's request faces zero institutional accountability. There is no civil remedy under § 2930.19(B), no AG investigative authority specifically triggered, no agency grant-funding lever.
C. Proposed amendment
The prosecutor in a case, to the extent practicable, shall confer with the victim no fewer than ten (10) business days before pretrial diversion is granted, before a negotiated plea is entered, before a charge is amended or dismissed, or before prosecution is discontinued.
- Conference may be in person, by telephone, or by video. The victim may choose the format.
- A victim may be accompanied by a victim's attorney as defined in § 2930.01.
- Failure to conduct the conference is a violation of Chapter 2930 subject to the enforcement provisions of § 2930.19. The Ohio Attorney General shall investigate complaints and issue findings within sixty (60) days.
Enforcement Teeth — Closing the No-Remedy Loophole
The 2025 rename to 'Victim Standing to Assert Rights' signals that the General Assembly recognized the gap. The substantive language has not changed. This amendment changes it.
A. The fatal flaw
"The failure of a public official or public agency to comply with the requirements of this chapter does not give rise to a claim for damages against that public official or public agency."
B. The gap
The Enforcement Gap
A constitutional right with an explicit statutory bar against any civil claim is not enforceable in any meaningful sense. The survivor's only option is to ask the same system to police itself.
C. Proposed amendment
- (C) Mandamus standing. A victim has standing to file an action in mandamus under § 2731.01 to compel a public official to perform any duty imposed by this chapter or by Article I § 10a of the Ohio Constitution.
- (D) Attorney-fee shifting. A prevailing victim is entitled to reasonable attorney's fees and costs, payable by the public agency.
- (E) AG complaint process. The Attorney General shall accept and investigate complaints alleging violations of this chapter. Findings shall be public and issued within 90 days.
- (F) Grant-funding eligibility. An agency with a pattern of substantiated violations is ineligible for state DV grant funding until corrective action is certified.
Survivor Rights at the Scene — Mandatory Notification
A standardized Survivor Rights Card delivered at every DV scene, with documented receipt or refusal.
A. The gap
The Enforcement Gap
§ 2930.04 requires the "investigating agency" to provide rights information "as soon as practicable." That obligation attaches at the agency level, not at the scene, and not to the responding officer. A survivor whose case never produces an arrest is statistically unlikely to receive rights information at all.
B. Proposed amendment
- The Attorney General shall design a single-page Survivor Rights Card listing the rights enumerated in Chapter 2930 and Article I § 10a, plus contact information for the county prosecutor's victim services office and local certified DV programs.
- An officer responding to a DV call or PO violation shall provide the card to the alleged victim before leaving the scene.
- Failure to provide the card shall be documented in the incident report. Repeated failure is subject to sanctions under the agency's written DV policy required by § 2935.032(A)(3).
- A survivor who declines the card shall sign an acknowledgment of refusal retained in the case file.
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