Rule 16.30 - Civil Stalking Protection Order MediationA court of common pleas may offer mediation in a civil stalking protection order case subject to the following factors or restrictions:
(A) The court shall not offer mediation if any of the following apply: (1) The petitioner is a family or household member of the respondent, as defined in R.C. 3113.31(A)(3);(2) The allegations in the civil stalking protection order petition involve a sexually oriented offense, as defined in R.C. 2950.01(A);(3) The allegations in the civil stalking protection order petition involve serious physical harm, as defined in R.C. 2901.01(A)(5);(4) The allegations in the civil stalking protection order petition form the basis for an active criminal complaint arising out of the same activities as those that are the basis of the petition.(B) The court shall consider the following factors to determine the appropriateness of offering mediation. The existence of any of the following factors weighs against the use of mediation: (1) Ongoing physical violence or history of serious physical harm, as defined in R.C. 2901.01(A)(5);(2) Threats of serious physical harm, as defined in R.C. 2901.01(A)(5), or the threatened use of deadly weapons;(3) Coercion, coercive controlling behavior, or intimidation based on past violence;(4) Petitioner's fear of the respondent despite the implementation of safety precautions;(5) Respondent's controlling, manipulative, or hostile conduct toward the petitioner or the mediation process;Ohio. R. Superi. Ct. 16.30
Adopted January 26, 2021, effective 4/15/2021.