Ohio Code § 3105.51
Ohio Code § 3105.51. Reproduced from the official Ohio Revised Code, with a citation summary, verification link, and related provisions.
§ 3105.51.
(A) There is no privilege under section 3105.49 of the Revised Code for a collaborative family law communication that is any of the following: (1) Available to the public under section 149.43 of the Revised Code or made during a session of a collaborative family law process that is open, or is
required by law to be open, to the public; (2) A threat or statement of a plan to inflict bodily injury or commit a crime of violence; (3) Intentionally used to plan a crime, commit or attempt to commit a crime, or conceal
an ongoing crime or ongoing criminal activity; (4) In an agreement resulting from the collaborative family law process, evidenced by
a record signed by all parties to the agreement. (B) The privileges under section 3105.49 of the Revised Code for a collaborative family law communication do not apply to the extent that a communication
is either of the following: (1) Sought or offered to prove or disprove a claim or complaint of professional misconduct
or malpractice arising from or related to a collaborative family law process; (2) Sought or offered to prove or disprove abuse, neglect, abandonment, or exploitation
of a child, unless a children's or protective service agency or an adult protective
services agency is a party to or otherwise participates in the collaborative family
law process. (C) There is no privilege under section 3105.49 of the Revised Code if the communication is sought in connection with or offered in any criminal proceeding
involving a felony, a delinquent child proceeding based on what would be a felony
if committed by an adult, or a proceeding initiated by the state or a child protection
agency in which it is alleged that a child is an abused, neglected, or dependent child. (D) There is no privilege under section 3105.49 of the Revised Code if a court finds, after a hearing in camera, that the party seeking discovery or
the proponent of the evidence has shown that the evidence is not otherwise available,
the need for the evidence substantially outweighs the interest in protecting confidentiality,
and the collaborative family law communication is sought or offered in a criminal
action or in a proceeding seeking rescission or reformation of a contract arising
out of the collaborative family law process or in which a defense to avoid liability
on the contract is asserted. (E) If a collaborative family law communication is subject to an exception under division
(B), (C), or (D) of this section, only the portion of the communication necessary
for the application of the exception may be disclosed or admitted. (F) Disclosure or admission of evidence excepted from the privilege under division (B),
(C), or (D) of this section does not render the evidence or any other collaborative
family law communication discoverable or admissible for any other purpose. (G) The privileges under section 3105.49 of the Revised Code do not apply if the parties agree in advance in a signed record, or if a record of
a proceeding reflects agreement by the parties, that all or part of a collaborative
family law process is not privileged. This division does not apply to a collaborative family law communication made by
a person that did not receive actual notice of the agreement before the communication
was made.
Source: official Ohio text · Last verified 2026-08-27
At a glance
- Citation: Ohio Revised Code § 3105.51
- Jurisdiction: Ohio
- Code: Ohio Revised Code
- Text: transcribed from the official source (verify below)
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