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DR 21. ORAL HEARINGS ON TEMPORARY ORDERS
(A) Request for Oral Hearings. Pursuant to Civ. R. 75 (N)(2), an oral hearing may be requested
after the filing of a temporary order. The party seeking an oral hearing shall submit a request for
oral hearing to the Case Management office for the purpose of scheduling the hearing before a
hearing officer (DR302 or equivalent). Where applicable, the opposing party or counsel for the
opposing party, if represented, shall also be contacted for the scheduling of the oral hearing. After
the oral hearing date is scheduled, then the requesting party or counsel for the requesting party shall
file request and serve the request upon opposing counsel or party pursuant to the Ohio Civil Rules.
A party’s request for oral hearing shall not suspend the temporary order.
(B) Inaccurate Affidavits. If a temporary order is filed based upon false or misleading
information placed in the affidavit by the party, then the court may modify the temporary order
retroactively to correct the misrepresentation at any time prior to the filing of the final decree. If an
oral hearing results from a deliberate, material misrepresentation in an affidavit, an award of
attorney fees may be made against the party making the misrepresentation.
DR 22. Mutual Temporary Restraining Orders
The Domestic Relations Court will issue standing mutual restraining orders (DR
FORM14) and attached by the Clerk of Courts at the time a complaint is filed. Plaintiff
shall be deemed served with the Mutual Restraining Orders upon the filing of the
complaint. The Mutual Restraining Orders shall be served on the defendant-spouse with
the summons.
Mutual Restraining Orders shall remain in effect during the pendency of the case unless
modified by the court. Any other request for a restraining order shall be awarded only
upon motion and hearing. In all cases, upon the filing of the initial complaint for divorce,
annulment or legal separation, both spouses shall be restrained from:
(A) Striking, abusing, harassing, stalking, threatening, or injuring the other spouse.
(B) Obstructing or interfering with the other spouse’s parenting time or communication
with the minor child(ren); permanently removing the minor child(ren) from the State
of Ohio; concealing the whereabouts of the minor child(ren) from the other spouse;
or disparaging, denigrating or otherwise speaking ill of the other spouse to or in the
presence or hearing of the minor child(ren).
(C) Damaging, moving, selling, giving away, transferring, withdrawing, disposing of,
pledging, concealing, hiding, assigning or encumbering any interest which either
party may have in real property, personal property, funds, accounts, business
interests, safe deposit boxes, investments, household goods, vehicles, without the
prior written consent of the other spouse or the Court.
(D) Interfering with the other spouse’s use of the vehicle currently used primarily by
him/her.
(E) Incurring debt on existing lines of credit or credit cards in the name of the other
spouse or in the spouses’ joint names, unless by prior agreement of the spouses or
Order of Court.