§ 135.16. Domestic violence.

A.

No person shall knowingly cause or attempt to cause physical harm to a family or household member.

B.

No person shall recklessly cause serious physical harm to a family or household member.

C.

No person, by threat of force, shall knowingly cause a family or household member to believe that the offender will cause imminent physical harm to the family or household member.

D.

Whoever violates this section is guilty of domestic violence. A violation of subsection C of this section is a misdemeanor of the fourth degree. A violation of subsection A or B of this section is a misdemeanor of the first degree. If the offender previously has pleaded guilty to or been convicted of domestic violence, assault or menacing by stalking under the city code, a violation of §§ 2903.14, 2909.06, 2909.07, 2911.12, 2911.211, or 2919.22 of the Revised Code, or any offense of violence as defined in R.C. § 2901.01(A)(9), and if the victim of the offense was a family or household member at the time of the commission of the offense, a violation of subsection A or B of this section shall be prosecuted under appropriate state law, and a violation of subsection C of this section is a misdemeanor of the second degree if the offender previously has pleaded guilty to or been convicted of two or more offenses of domestic violence, assault or menacing by stalking under the city code, a violation of §§ 2903.14, 2909.06, 2909.07, 2911.12, 2911.211 or 2919.22 of the Revised Code, or any offense of violence as defined in R.C. § 2901.01(A)(9), and if the victim of the violation was a family or household member at the time of the commission of the offense, a violation of subsection C is a misdemeanor of the first degree.

E.

As used in this section:

1.

"Family or household member" means any of the following:

A.

Any of the following who is residing or has resided with the offender:

i.

A spouse, a person living as a spouse, or a former spouse of the offender,

ii.

A parent or a child of the offender, or another person related by consanguinity or affinity to the offender,

iii.

A parent or a child of a spouse, person living as a spouse, or former spouse of the offender, or another person related by consanguinity or affinity to a spouse, person living as a spouse, or former spouse of the offender;

B.

The natural parent of any child of whom the offender is the other natural parent or is the putative other natural parent.

2.

"Person living as a spouse" means a person who is living or has lived with the offender in a common law marital relationship, who otherwise is cohabiting with the offender, or who otherwise has cohabited with the offender within five years prior to the date of the alleged commission of the act in question.

(Ord. 655-1997; Ord. 514-1997)

(Ord. 303-2009, § 1, 7-13-09)