When a family law case is opened in most Ohio courts, one of the first major steps taken by the court overseeing the case is to issue court orders that will control what the parties can and cannot do while the case itself is still happening. These orders only last until the case is over - they aren't final, they're temporary.
Temporary Restraining Orders
In the context of a divorce case, a temporary restraining order (TRO) is a legal order issued by the court that restricts the behavior of both parties during the divorce proceedings.
It is designed to maintain the status quo and prevent either party from taking actions that could harm the other party or their shared assets during the divorce process.
Temporary restraining orders are usually issued early in the divorce process and remain in effect until the divorce is finalized. They help ensure fairness and protect the interests of both parties during a potentially contentious and emotionally charged time.
Violating a temporary restraining order can result in legal consequences, including fines or other penalties imposed by the court.
Purpose of
Temporary Restraining Orders
Protect Personal and Marital Property: TROs can prevent either spouse from selling, transferring, or hiding marital assets during the divorce process.
Ensure Safety: In cases involving domestic violence or threats, TROs can help prohibit contact between the parties and ensure the safety of individuals.
Maintain Status Quo: TROs can prevent significant changes that might affect the outcome of the divorce, such as changing beneficiaries on insurance policies, taking out large amounts on credit, or altering family routines.
Legal Basis and Process
In Ohio, the statutes governing temporary restraining orders in divorce cases are primarily found in Chapter 3105 of the Ohio Revised Code. Specifically, Ohio Revised Code § 3105.171 provides provisions related to the equitable division of marital and separate property, which includes the issuance of restraining orders to preserve assets and maintain the status quo during divorce proceedings.
01
Ohio Revised Code § 3105.171 (Division of Marital and Separate Property)
This section addresses the division of marital and separate property and authorizes the court to issue orders necessary to preserve assets and maintain the status quo, including temporary restraining orders.
02
Ohio Revised Code § 3105.18 (Spousal Support)
This section provides the court with the authority to issue orders related to spousal support, which can include temporary restraining orders to ensure that neither party dissipates assets that could affect support determinations.
03
Ohio Rules of Civil Procedure, Rule 75 (Divorce, Annulment, and Legal Separation Actions)
Rule 75 outlines the procedures for filing and handling divorce, annulment, and legal separation actions in Ohio, including provisions for temporary restraining orders to protect parties and property during the proceedings.
04
Local County Rules
Many county courts in Ohio have specific rules for how their court will issue, interpret, and enforce TROs. It is important to read and understand the local rules for the county in which the divorce is filed.
Filing for a TRO: Either party can request a TRO by filing a motion with the court.
The motion should detail the reasons why the TRO is necessary and what specific actions should be restrained. Many county courts in Ohio automatically issue TROs at the beginning of every divorce case.
Common Provisions in TROs
1. Property Restraints: Prohibiting the sale, transfer, or encumbrance of marital property.
2. Financial Restraints: Restricting changes to financial accounts and insurance policies.
3. Behavioral Restraints: Preventing harassment, threats, or physical contact between the parties.
4. Custody and Visitation: Temporary arrangements for child custody and visitation to ensure the children's stability and welfare and to prevent them from being taken out of the jurisdiction or the state.
Enforcement and Violations
1. Legal Consequences: Violating a TRO can result in contempt of court charges, which may include fines, jail time, or other penalties. Typically, the other party will first file a motion for contempt against the violating party and then a hearing will be held to determine whether the order was actually violated.
2. Police Involvement: In some limited circumstances, law enforcement can intervene if a TRO is violated, especially in cases involving personal safety. However, it is important to note that a TRO should not be seen as a replacement for a civil protection order, and at the end of the day, a piece of paper isn't going to prevent physical harm.
If you are in imminent danger, you should call 911 immediately.
Modifications and Terminations
Modification Requests:
Either party can request modifications to a TRO if circumstances change or if the original terms are deemed unfair.
A common example of a TRO modification is to allow the marital home to be put on the market by the parties while the divorce case is still pending when they both agree the property needs to be sold as soon as possible.
Termination:
TROs can be terminated by the court when they are no longer necessary, such as when a final divorce decree is issued or if the parties reach an agreement.
For specific guidance and assistance with TROs in Ohio divorce cases, it is advisable to consult with a qualified attorney who can provide tailored advice and representation.
Temporary Orders
In an Ohio divorce case, temporary orders refer to court orders issued to establish temporary arrangements for various issues while the divorce is pending and until a final decree is issued. These orders help maintain stability and address immediate concerns during the divorce process.
What's the difference?
Temporary Restraining Orders are designed to prevent certain things from happening (taking out new credit cards that encumber the other party's credit).
Temporary Orders are designed to make sure certain things happen or continue to happen (someone has to make the payments on the current credit card that carries a balance so it doesn't default).
Legal Basis
Ohio Rules of Civil Procedure, Rule 75
Outlines procedures for divorce, annulment, and legal separation actions, including temporary orders.
Local County Rules
Many county courts in Ohio have specific rules for how their court will issue, interpret, and enforce TROs. It is important to read and understand the local rules for the county in which the divorce is filed.
Temporary orders are intended to provide temporary solutions to these and other issues that arise during the divorce process. They remain in effect until a final decree of divorce is issued or until modified by further court order. Temporary orders help ensure that both parties and any children involved are provided for and that important matters are addressed while the divorce is ongoing.
Temporary orders can cover several aspects of the divorce, including:
1. Child Custody and Visitation
Temporary orders may establish temporary custody arrangements and visitation schedules for any children involved in the divorce. They aim to ensure that the children's best interests are served during the divorce proceedings.
2. Child Support
Temporary child support orders may be issued to ensure that the financial needs of the children are met while the divorce is pending. These orders typically consider the income of both parents and the needs of the children.
3. Spousal Support (Alimony)
Temporary spousal support orders may be issued to provide financial support to one spouse during the divorce process. The court may consider factors such as each spouse's income, earning capacity, and financial needs when determining temporary spousal support.
4. Use of Marital Property
Temporary orders may address the use and possession of marital property, including the family home, vehicles, bank accounts, and other assets, while the divorce is pending.
5. Payment of Bills and Expenses
Temporary orders may specify which spouse is responsible for paying certain bills and expenses during the divorce process. This can include mortgage payments, utilities, and other ongoing financial obligations.
Temporary orders are intended to provide temporary solutions to these and other issues that arise during the divorce process. They remain in effect until a final decree of divorce is issued or until modified by further court order. Temporary orders help ensure that both parties and any children involved are provided for and that important matters are addressed while the divorce is ongoing.
The Process of Obtaining Temporary Orders:
Motion:
Either party can request temporary orders by filing a motion with the court, detailing the specific relief sought.
Affidavit:
The motion is typically supported by an affidavit providing factual information to justify the request.
Hearing:
A court hearing is held to consider the evidence and arguments from both parties. The judge then issues temporary orders based on the best interests of the parties and children. Sometimes courts will issue the temporary orders using just the information provided by both of the parties in support of what they think the temporary orders should be. Whether the order is issued based on a hearing or affidavits-only is sometimes dictated by the court and sometimes a strategic decision by the attorneys.
It's important for individuals going through a divorce in Ohio to consult with an experienced family law attorney who can provide guidance on temporary orders and help ensure that their rights and interests are protected throughout the divorce process.
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