The Reasons for Utilizing Restraining Orders in Ohio Divorce Actions

The Case for Ohio Restraining Orders

In Ohio, restraining orders are not available in dissolution proceedings but only in divorce, legal separation and annulment actions. Restraining orders have become somewhat “boilerplate” in as much as they are commonplace and routinely granted on an “ex parte” basis at the time the divorce action is filed.   A “restraining order” is also executed by a Judge and issued by a Court restraining a party involved in a divorce proceeding from certain actions or activities during the divorce process. The general principle for restraining orders is to maintain the status quo of affairs at the time a divorce action is filed and to avoid “retaliatory” actions by a spouse.

Restraining orders can be obtained by either party without the necessity of an in-Court hearing or proceeding.  This means that the restraining orders are “ex parte” in nature and are ordered without the other party being heard on the issue. … View Full Article → “The Reasons for Utilizing Restraining Orders in Ohio Divorce Actions”

Lingo You Might Not Know From the Divorce World

If you find yourself involved in a divorce, custody case or other family law litigation you may run across some unfamiliar terms. Here are some common ones with a short definition:

AFFIDAVIT – Information provided under oath.  Often times pertaining to current finances, debts and assets.

BAILIFF – The judge’s assistant who helps with the court docket and often oversees the decorum in the courtroom.

CONTEMPT – An action requesting the court to punish a person for violating a prior Court order.

CONTINUANCE – A delay or postponement of a scheduled court appearance.

CPO – A “civil protection order”. An order which can be issued by the court in a domestic violence proceeding requiring a person to vacate a home and cease all contact/communication.

DEPOSITION – A form of discovery where opposing counsel gets to ask questions orally to a party or witness under oath in the presence of a court reporter before trial.… View Full Article → “Lingo You Might Not Know From the Divorce World”