Temporary and Emergency Orders in Ohio

Temporary orders while a case is pending

In a divorce, annulment, or legal separation, temporary orders on spousal support, child support, and the allocation of parental rights can be requested in the complaint, answer, or counterclaim, or by a motion served with the pleading. The court or magistrate may grant them without oral hearing, on satisfactory proof by affidavit and for good cause shown (Civ.R. 75(N)(1)). R.C. 3109.043 gives a similar power, limited to temporary orders allocating parental rights and responsibilities, in any proceeding about that allocation.

• Counter affidavit. The other party may file counter affidavits within 14 days from service of the complaint, answer, counterclaim, or motion (Civ.R. 75(N)(2)).
• Oral hearing. After a temporary order is journalized, a party who asks in writing must be given an oral hearing within 28 days to modify it. The request does not suspend the order until it is modified after the hearing (Civ.R. 75(N)(2)).
• The form. Affidavit 5, Motion and Affidavit or Counter Affidavit for Temporary Orders Without Oral Hearing (effective June 1, 2021) serves as both the motion and affidavit and the counter affidavit. It cites Civ.R. 75(N) and R.C. 3109.043.

In a case where parentage has not yet been established, R.C. 3109.043 lets the court consider whether a putative father is named on the birth record, whether the child has his surname, or whether there is a clear pattern of a parent and child relationship.

Temporary restraining orders in a divorce

In divorce, annulment, and legal separation actions, Civ.R. 65(A) does not apply. Instead, when a party shows by affidavit sworn to absolutely that a party or a child of any party is about to suffer physical abuse, annoyance, or bodily injury by the other party, or that property is about to be disposed of to defeat a fair division or support, the court may issue a temporary restraining order, with or without bond and without notice. It stays in force while the action is pending unless the court or magistrate orders otherwise (Civ.R. 75(I)).

Domestic violence civil protection orders

A person may petition for a civil protection order under R.C. 3113.31 on their own behalf, and a parent or adult household member may petition on behalf of another family or household member (R.C. 3113.31(C)). If the petitioner asks for an ex parte order, the court must hold an ex parte hearing the same day the petition is filed and may enter temporary orders for good cause; immediate and present danger of domestic violence is good cause (R.C. 3113.31(D)(1)).

• A protection order may temporarily allocate parental rights and responsibilities or set temporary parenting time, if no other court has determined, or is determining, those issues for the children (R.C. 3113.31(E)(1)(d)).
• After an ex parte order, the court schedules a full hearing within seven court days if the order grants possession of the residence under (E)(1)(b) or (c), and within ten court days for other ex parte orders (R.C. 3113.31(D)(2)(a)).
• A temporary custody order in a protection order ends when a divorce, dissolution, or legal separation court allocates parental rights, or a juvenile court awards legal custody, in an action brought by either party (R.C. 3113.31(E)(3)(b)).

A protection order claim is separate from a claim for divorce, dissolution, annulment, or legal separation (Civ.R. 75(G)).

Juvenile court

Pending a hearing on a complaint, a juvenile court may make temporary orders about the custody or care of the child who is the subject of the complaint as the child’s interest and welfare may require (Juv.R. 13(A)). It may act summarily and without notice when the child’s interest and welfare require immediate action, and must then give notice and an opportunity for a hearing on the continuing effects of its action (Juv.R. 13(D), (E)).

Primary sources

Rules and forms change. Check the current version at the source before you file.

• Ohio Civil Rule 75(G), (I), (N)
• R.C. 3109.043, temporary orders on affidavit
• R.C. 3113.31, domestic violence civil protection orders
• Ohio Juvenile Rule 13, temporary orders
• Uniform Domestic Relations Affidavit 5, Motion and Affidavit or Counter Affidavit for Temporary Orders Without Oral Hearing