What To Know About Ohio’s 2025 Anti-Tracking Statute

We’ve already discussed how important it is to limit the details shared online or on social media platforms when in the midst of a divorce proceeding–doing so can offer legal protection and can also impact your safety and wellbeing. However, this advice is based on a divorcing spouse being their own, sole advocate. Ohio’s new statute takes individual protection much further, making it a matter of criminal law.

At the Law Offices Of Cara L. Santosuosso, LLC we know that, sometimes, romantic relationships can lead to dangerous situations. When a person is being stalked or tracked, they can feel helpless and at risk. We always advocate for our clients’ safety, and thanks to this new law, we now have more force behind our work. Here we will explore what Ohio’s new anti-tracking statute means for folks who have a domestic violence civil protection order, are divorcing, or are having stalking issues with a romantic (or former) romantic partner.

What Is Ohio’s New Anti-Tracking Statute?

This criminal statute (R.C. 2903.216) was signed by Ohio’s governor in late 2024 and went into effect in March 2025. It is a criminal statute that makes digital tracking without prior consent illegal–a real-life concern for current or former romantic partners. Also known as Senate Bill 100, this vital new legal protection was enacted to close a gap in existing law and had bipartisan support from Ohio legislators. 

The basic premise of the new law is that a prohibition is placed on the installation of an electronic tracking device on someone else’s property without consent. If consent was once given, the filing of a divorce or domestic violence civil protection order automatically revokes consent, and the individual doing the tracking has 72 hours to remove any tracking devices. If they are unable to do so, they are required to notify the court in writing within 72 hours. 

Tracking in this context can include but is not limited to:

• GPS devices in vehicles 
• Location-sharing apps on phones 
• Electronic monitoring tools (Apple AirTag, etc.)

Failure to remove the tracking device within 72 hours (except in cases where this is not possible and the court receives written notice) by the individual who installed the device can result in them being charged with a first-degree misdemeanor. This charge can carry the penalty of jail time and a fine, which could be up to six months and $1,000, respectively. However, in cases where this is not the individual’s first offense, or if they have a documented history of violence or protection orders, they may instead face a fourth-degree felony charge. Penalties could carry prison time, higher fines, and probation.

This law closes what was a loophole that previously required a "pattern of behavior"–two or more instances of stalking–before taking legal action. Previous laws would have allowed individuals with the intent of stalking a current or former romantic partner to use a tracking device just once without serious legal consequences. Yet this situation could still lead to negative consequences for the individual being tracked, posing a real threat to their safety and wellbeing. 

Working with a local news outlet, Ohio legislators were happy to be able to offer additional protection for victims, prompted by a case that was difficult to prosecute due to the previous law’s language. Other states already had similar laws on the books, but Ohio relied instead on stalking and menacing statutes. It was determined that evolving technology demands updated legal protection, and so the new statute was drafted, passed, and subsequently enacted. 

When Tracking Is Legal

As already mentioned, consent must be given to ensure that tracking is legal. Other circumstances where tracking may be allowed are very narrow and highly specific–they typically do not apply to most divorcing spouses.

These are the currently listed scenarios that are deemed legitimate reasons for digital tracking, and that are exempt from this new law:

• Law enforcement investigations (official duties)
• Parents tracking minor children (with consent provisions)
• Caregivers of elderly or disabled adults (with medical certification)
• Business entities (legitimate uses)
• Vehicle owners (removed upon sale or lease end)
• Private investigators (specific legal constraints)

Particularly relevant to us as child custody attorneys, and to those seeking divorce and child custody arrangements is this exception: tracking one’s child(ren) is only allowed during designated parenting time.

This means that if you do not have sole custody and are engaged in shared parenting, this new law requires that you disable tracking during the other parent’s custodial time. If you receive consent from your child’s other parent to track your child at all times, then you can continue. If your child has certain health-related or other concerns, it is understandable why it could be beneficial to always know their whereabouts. Working with an experienced child custody attorney will ensure that you are staying within the established legal boundaries and that you do not misstep and incur legal complications that could threaten your case.

To know whether digital tracking is permissible in your situation, contact our divorce attorneys in Cleveland to discuss your situation. Together we can navigate the relevant legalities while also protecting your rights and your child’s safety and well-being.

Ohio’s Anti-Tracking Statute and Divorce

Due to digital tracking becoming increasingly common, the devices are more affordable and robust than ever before. The very real threat this poses to current or future victims of stalking cannot be overstated. Now, the heart of the matter is an individual’s consent. Though someone may have once agreed to being tracked, it is heartening to know that Ohio law now assumes that filing for a protective order or for divorce immediately revokes that consent. This is a significant victory for victim safety.

Especially in the context of divorce, where emotions and tempers can flare and trust is eroded, it is not uncommon for spouses to resort to tracking one another, for various reasons, including child custody disputes. While there are legitimate reasons for this (mentioned above), it is encouraging to know that unauthorized tracking is now illegal–full stop. We are grateful for the clear legal boundaries that have been set and can see them greatly benefitting our clients going forward.

As divorce lawyers in Cleveland, we are honored to be able to offer robust legal assistance to a spouse who is being stalked and ending this frightening situation upon filing for divorce. We are grateful that this law was passed and encourage individuals who are being tracked to take the legal steps necessary to legally protect themselves and put an end to illegal tracking.

How To Handle Investigations Legally

If you and your spouse are divorcing, and you suspect that they are having an affair, are involved in misconduct or are struggling with addiction, you are not legally allowed to use a tracking device to prove your case. In fact, since Ohio is a no-fault state when it comes to divorce, it is not generally necessary or helpful–other than in very specific scenarios–to prove any wrongdoing. Proving infidelity or other “bad” behaviors will not typically impact property division, support or custody outcomes.

However, if you feel that your spouse could pose a threat to you or your children post-divorce, then opting for a fault-based divorce may offer more solid protection for your family. In order to pursue this option, your divorce lawyer will need to request leave of court and ask the judge for permission to investigate your specific concerns. Only a licensed private investigator can then be used to fulfill this request. Attempting to track a spouse or gather information yourself could jeopardize your case and is illegal.

Divorce and Child Custody Lawyers In Cleveland, Ohio

Ohio’s new anti-tracking law makes it unquestionably illegal to track a spouse after a divorce or protective order is filed. While this ruling simplifies some situations, it can also add another layer of complexity to certain divorce and custody cases. For these and so many other reasons, it is vital for you to consult with an experienced divorce lawyer in Ohio to ensure that you are taking full advantage of your legal options when considering divorce. Working with our team will also prevent the overstepping of legal boundaries that could jeopardize your case. 

No matter your legal concerns, it is always best to discuss your situation with our divorce attorneys prior to taking any actions. If your divorce involves a family business, there are additional nuances to consider. We stay up to date on legal developments in Ohio and you can rest assured that we are prepared to advocate for you and your family. Contact the Law Offices Of Cara L. Santosuosso, LLC today or schedule your consultation online to learn more about how Ohio’s anti-tracking legislation could impact your case–we are here to help.