Organization
for Women
|
|
National
Organization for Women |
DOMESTIC VIOLENCE |
In 2004 Ohio passed legislation and article XV. of the Ohio Constitutional Amendment that had an unpredictable affect on domestic violence. Because these changes dealt with marriage by defining who could get married and what was a legal marriage, it forced the court to look at who is covered by Ohio criminal and civil domestic violence laws.
Specifically the language of the constitutional amendment,” This state and its political subdivisions shall not create or recognize a legal status for relationships of unmarried individuals that intends to approximate the design, qualities, significance, or effect of marriage.” leaves open the interpretation if people living together should be able to use the laws pertaining to domestic violence.
House Bill (H.B.) 161 introduced in March of 2005 by Representative William J. Healy, II would help to clarify this problem by redefining “family or household members” which are legally married to be “any person who is residing with the offender.”
The new definition would include the spouse or a former spouse, parent or child, and parent or child of the spouse as well as any person residing with the offender regardless of sex so any of these relationships would be covered under criminal and civil domestic violence laws.
H.B. 161 would also change the definition of “family or household member” in the law governing funding for domestic violence shelters to remove references to a person living as a spouse and to include anyone residing with the person committing the domestic violence.
This would help shelters to be funded for helping people who are victims of violence but not legally married.
Changing the definition of “family or household member” besides changing criminal and civil domestic violence laws would affect other provisions of the Ohio Revised Code. The new definition would affect anti-menacing by stalking protection orders, considerations in setting bail, protection orders, and criminal sentencing when the victim is someone other that a victim of domestic violence.
H.B. 161 would affect the preferred course of action to arrest domestic violence offenders and granting possession of a residence when the person is not a family or household member. And, it would classify as an unfair or deceptive trade practice restrictions on life or health insurance because the applicant is a victim of domestic violence.
This bill is currently in the Criminal Justice House Committee chaired by Rep. Robert Latta. If you wish to find out when hearings are held and when a vote will be taken, Rep. Latta can be contacted at 614-466-8104 or
district06@ohr.state.oh.us
For more information on the bill, contact the sponsor Rep. Healy, II at 614-466-8030 or
district52@ohr.state.oh.us
With domestic violence legislation it is especially important for all legislators to hear from their constituents on H.B. 161. To find out who represents you in Ohio visit
For more information on H.B. 161 and other domestic violence legislation contact Gail Heller, Executive Director of CHOICES at 614-224-4663 or www.choicesdvcols.org In Central Ohio, CHOICES can prove information, referrals, temporary shelter, counseling, support groups, legal advocacy, and education on domestic violence.
Another Ohio Domestic Violence bill to watch, is H.B. 248 which would establish a domestic violence awareness license plate and provide the money raised from the contributions for the license plates to be used to pay for programs that provide services to victims of domestic violence. For more information on the status of this bill contact the sponsor Rep. Kenneth A. Carano at 614-466-6107 or district59@ohr.state.oh.us This bill is currently in the House Transportation, Public Safety & Homeland Security Committee chaired by Rep. Steve Reinhard. To encourage hearings on H.B. 248, Rep. Reinhard can be reached at 614-644-6265, district82@ohr.state.oh.us
For a copy of these bills, the analysis, and other legislation pertaining to domestic violence visit the State of Ohio web site: www.legislature.state.oh.us
If you would like more information on these bills and how to lobby visit www.ohiowomeninc.org or contact Ohio NOW at ohionow@ohionow.org