Frequently Asked Questions
General Questions
Custody
Support
CIVIL PROTECTION ORDER (DOMESTIC VIOLENCE)


General Questions

What kinds of cases does the Domestic Relations Court handle?

The Domestic Relations Court hears divorce, dissolution of marriage and domestic violence (civil protection) cases. The court maintains continuing jurisdiction over all matters concerning children of divorced parents, including all parenting issues (custody and visitation) and support.


What about commercially prepared forms that may be found on the Internet or at an office supply store?

These forms are filed at your own risk. The Court evaluates the use of these filings on a case-by-case basis. If the forms do not substantially comply with the requirements of the Ohio Revised Code and the Court's Local Rules, the pleadings may be dismissed.


Who do I contact for help in choosing an attorney?

The Clermont County Bar Association's Lawyer Referral Service may be able to assist you in obtaining an attorney. For additional information, call their office at 513-732-7109.


What are the filing fees for Clermont County Domestic Relations Court?
To view the current list of filing fees, please click here.

When is my hearing and what is it set for?

You can search for a case in the Clerk of Courts database by case number or case name. You can also contact the court at 513-732-7327. It is helpful to have your case number ready when calling the court.


How do I Communicate with the Court?

Requests to the Court must be in formal writings called complaints, petitions and/or motions. All paperwork must be filed with the Clerk of Courts and served on the other party if a final order has been issued, or to the party's attorney if the case is still open. The Court will rule on all complaints, petitions and/or motions. In some cases a hearing is required, in others the Court can rule based upon the written paperwork. The opposing party must be notified of the hearing date so that he or she can respond to all filings.


My order states that I cannot move my children from the state of Ohio without approval of the Court. How do I get the court's approval?
If the parties mutually agree to a change of location and they sign a written agreement (stipulation and consent agreement), it will be entered as an order, if approved by the court. If the parties cannot mutually agree on a change of location, they have the following options:

(A) Contact the other party to see if he or she will agree to mediation.

(B) File a Notice of Intent to Relocate or a motion on your own behalf or contact an attorney to help you file the motion.

I have questions about my court decision. Who can I talk to?

The rules of the Ohio Supreme Court prohibit a Judge or Magistrate from discussing a decision with one party unless the other party is present or has been notified of a hearing and does not attend the hearing.

If you think a Magistrate's Order is incorrect or unfair your attorney or you may file an objection within ten(10) days of the time-stamped date of the Order.

If you think a Magistrate's Decision is incorrect or unfair your attorney or you may file an objection within fourteen (14) days of the time-stamped date of the Order.

If you do not agree with a Judge's final Decision, your attorney can file an appeal to the Twelfth District Court of Appeals. These procedures have technical, procedural, and time requirements. It is important that you consult with an attorney concerning your legal rights.


When will I receive a decision after a hearing?

Magistrate's Decisions are prepared and filed with the Clerk of Courts within thirty days. Temporary orders should be completed within one week of your hearing. It may take longer, if the attorneys are responsible for preparing closing arguments or memorandums. The Court mails copies of the decisions to your attorney or directly to the party, if you do not have an attorney.


Where can I get copies of my court papers?
You can contact the Clermont County Clerk of Courts office, located at 2340 Clermont Center Drive, Batavia, Ohio, 513-732-7148.

Do grandparents have rights in a divorce?

Often after a divorce or dissolution, relatives such as grandparents feel left out of the life of the child. Under Ohio law, the importance of grandparents and others having a relationship with the child is recognized. These laws are intended to encourage extended family relationships in spite of the divorce. Grandparents and other relatives may request specific visitation rights by filing the appropriate motion with the Court.




Custody

What is the mandatory parent education class, and how do I sign up for it?

All parents who file for divorce of marriage who have children under the age of 16 must complete the 2.5 hour program, Helping Children Cope with Divorce. The fee for this class is $40.00 and can be paid by Money Order, Visa, Mastercard, or cash. Beech Acres facilitates 2 classes per month at several locations. To register for this class, contact Beech Acres at 513-233-4706.


How do I get an order for custody?

A petition requesting the court to grant you custody of your child(ren) must be filed with the Court. If both parents agree and sign an agreement (stipulation and consent agreement), that agreement, if approved by the court, may be entered as a custody order.


How do I change an existing order for custody?

A petition to modify a custody order must be filed with the court, or the parents can sign a written agreement changing custody (stipulation and consent agreement), which if approved by the court, will change custody.


Do I need to have an attorney to obtain custody?

It is not required that you have an attorney to file a petition for custody. However, there are many complicated issues involved in a custody case and therefore you may want to have an attorney represent you. After a petition for custody has been filed, and we cannot reach our own agreement, what does the Court have to do? The Court will offer mediation services to the parties and/or conduct an investigation and file a written report and recommendation to the court based on the factors listed in the Ohio Revised Code.


Does the Court have a responsibility to investigate alleged abuse and/or neglect of a child?

Allegations of abuse or neglect should be reported to the Protective Services unit of your local Department of Jobs and Family Services office. The Court has a responsibility to conduct an investigation when a party files a parenting time or custody petition and the matter is referred to the Parenting Investigator. Allegations of abuse or neglect should be communicated to the Court during the investigation/evaluation process.


I am concerned about the other parent discussing the investigation/evaluation with the children. What can the Court do?

By local rule, the parents shall not discuss the contents of the investigation/evaluation with the children.


My parenting time order states I have reasonable visitation rights or reasonable parenting time. What does this mean?
This means the parents have the responsibility for setting up a mutually agreed upon schedule for parenting time, which is reasonable under the circumstances. If you cannot mutually agree to a visitation schedule, you have the following options:

(A)Contact the other party to see if he or she will agree to mediation.

(B) File a petition with the court to change your order to require a specific schedule.

(C) Contact an attorney to help you file the petition.

I have a specific parenting time schedule that I need to change. What can I do?

If you need a temporary change in your parenting time schedule, contact the other parent to discuss making other arrangements. If you need to make a permanent change:

(A) See if you and the other parent can agree to a change (stipulation and consent agreement).

(B) See if the Court can provide mediation services, if both parties agree to participate.

(C) File a petition with the court for a change in the order on your own behalf or contact an attorney to help you file the petition.


Do I have to let my children go for parenting time if it appears that the other parent has been drinking or using drugs?

That is your decision. If you make the decision to deny parenting time in these circumstances, you may be asked to explain to the court at a contempt hearing why you felt your decision was in the best interest of the children.




Support

How do I get an order for support?

A motion requesting the court to grant an order for support must be filed with the court. If both parties agree and sign an agreement (stipulation and consent agreement), that agreement will be entered as a support order if it is approved by the court.


Does the judge have to use the Child Support Guideline recommendation when setting support orders?

The Child Support Guideline is a recommendation used to assist the judge in making a decision concerning support amounts. The judge does not have to follow the guideline when making a final decision.


If I have been paying my child support and the custodial parent is not allowing parenting time, do I have to keep paying support?

Yes, parenting time and support are separate orders of the court, with separate enforcement procedures.


The non-custodial parent is not paying support. What can I do?

You can contact your caseworker at the Child Support Enforcement Agency (513-732-7248) or file a Motion with the court.


My court order states that I am to pay support through the CSEA. Can I pay the support to the custodial parent directly?
Child Support is paid through the State of Ohio Child Support Agency.

What do I have to do if I change employment?

If you are the obligor (the person who is ordered to pay support) you are required by law to notify the Child Support Enforcement Agency (CSEA) if you change employment. Also, if you are unemployed and have been placed under a seek work order, you must report any new employment immediately so that a wage deduction order can be issued. Call 513-732-7248.




CIVIL PROTECTION ORDER (DOMESTIC VIOLENCE)

What is Domestic Violence?

Domestic Violence is when a family or household member uses physical violence, threats, intimidation and/or emotional, sexual, and economic abuse to maintain power and control over the other person, usually within an intimate relationship.  Domestic Violence is most ofter a combination of psychological and physical actions; the physical results are just the most visible.  Domestic violence is a pattern of conduct in which one intimate partner uses force or threats of force to control the other person.

Ohio law has determined that some forms of abuse do not constitute criminal behavior or behavior requiring the court's intervention.  For example, psychological battering, economic abuse, or verbal harassment without evidence of threats or physical harm are not recognized by Ohio law as domestic violence that allows a petitioner to obtain a protection order or request that criminal charges be filed.

When a family or household member tries to cause you bodily harm by hitting, pushing, beating, or physically hurting you, that is domestic violence.  When a family or household member makes you afraid that you will be harmed, that is domestic violence.  When a family or household member stalks or forces sexual relations on you, that is domestic violence.  When a family or household member abuses your children, that is domestic violence.


Why get a Civil Protection Order?

If you are a victim of domestic violence, a CPO may help you. Once domestic violence starts, the violence often happens more often and gets increasingly severe. A CPO may stop this cycle of violence because the court orders the Respondent to stop hurting or threatening you and your family or household members. A court can use a CPO to order the Respondent to stay away from you for up to five years. A CPO can give you time to "sort things out" and decide what you want to do next without having to be afraid all of the time. If your children have seen domestic violence, a CPO may give all of you a chance to get some help so that you and your children are safe.

Second, domestic violence is a crime. A CPO tells the Respondent you and the court are serious about requiring the Respondent to stop his or her abusive behavior and not to hurt or threaten you again.

Third, a CPO sets some "rules" that the Respondent must obey while the CPO is in effect. These rules may require the Respondent to pay child or spousal support; give up possession of a home or car; and/or obey the court's orders about visitation.

Fourth, a CPO issued by a domestic relations court may last longer than a TPO issued by a criminal court and can provide more kinds of help. You should know that if you get a CPO the TPO from criminal court will end although the criminal case will continue.


Who can get a Civil Protection Order?

You can apply for a CPO if you are related to the Respondent by blood or marriage AND have lived with respondent at any time; OR you are living with or have lived with the Respondent during the past five years; OR you used to be married to the Respondent; OR you have a child with the Respondent, whether or not you ever married or lived together.

You can also get a CPO for any member of your household.

You may be able to get a CPO if you have been dating the Respondent; if you share family or financial responsibilities with the Respondent; AND you have an intimate relationship with Respondent.

If you are in this situation, you may need legal assistance or want to pursue civil stalking protection orders. Contact an attorney or Ohio State Legal Services at 800-589-5888.

REMEMBER that a CPO has limits. If you suspect that the Respondent will not obey the terms of a CPO, contact your local domestic violence program 513-7327281 or the Ohio Domestic Violence Network at 800-934-9840.


Do I need an attorney to obtain a Civil Protection Order?

No, but you are often better off having legal representation in your CPO proceeding. Having an attorney represent you is especially helpful when your case involves contested custody and visitation and/or when an attorney represents the Respondent. If you cannot afford an attorney, contact your local legal aid office (513) 732-2422, bar association (513) 732-2050, or Ohio State Legal Services (800-589-5888) for information on low cost or free legal representation.


Must there be a court hearing for me to obtain a Civil Protection Order?

Yes. There are two hearings involved in a CPO case: the ex parte hearing and the full hearing.

Ex Parte Hearing: At this hearing only you are present. The Respondent is not present.

If a Petition for a CPO is filed early enough in the day, an ex parte hearing is held that same day. If the Petition for a CPO is filed too late in the day, a hearing is scheduled for the following business day. At the ex parte hearing, you take an oath to tell the truth and a judge or magistrate hears your statement of what happened. If the judge or magistrate finds that the events you described meet the requirements of the law, the court will issue an Ex Parte CPO and schedule a full hearing. If the Respondent is asked to vacate the home in which you live, there will be a full hearing within 7 days. Otherwise, a full hearing will be set within 10 days.

Full Hearing: The full hearing is the final hearing.

At this hearing, both you and the Respondent can testify. You must be present at the full hearing. You should bring any witnesses who can support your case. If the court issues a Full Hearing CPO, the court files the CPO with the clerk of court. The clerk serves the appropriate parties with certified copies of the CPO. The CPO remains in force until the date indicated in the CPO, with five years being the maximum. The court cannot hold a full hearing until the Respondent has been served with the Ex Parte CPO. You may need to fill out forms for the clerk of courts to cause service.

If the Respondent does not show up for the full hearing, you can still obtain a final CPO. However, if the Respondent is not served with the Ex Parte CPO before the full hearing, the court postpones the full hearing until the Respondent is served. If the full hearing is postponed, the Ex Parte CPO remains in effect until the full hearing is held.

Feel free to bring an advocate with you to the ex parte and full hearings for support. Some domestic violence shelters can provide advocates to go with you to these hearings. Contact your local domestic violence program (513) 732-7281 or the Ohio Domestic Violence Network, 800-934-9840, for program and shelter information.


What can I do if I change my mind about a domestic violence case?

You will need to file a written Motion to Dismiss. When you file the Motion, a hearing must be scheduled. At the hearing, the case may be dismissed and the CPO terminated if the Magistrate determines that the conditions in the CPO have been met.




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