FAQs

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FAQs

FREQUENTLY ASKED QUESTIONS (FAQ) FOR COURT WEBSITE

Glossary – What Do Words or Terms Mean?
How to Find Forms
Non-English Speaking Litigant
Dissolution
Divorce
Modifying Child Support
Modifying Parenting Orders or Parenting Time
Motion for Contempt
Civil Protection Orders
Finding an Attorney
Help with Forms
Helpful Links

Glossary

Case caption is the identification for your case that is at the top. For example, John Smith vs. Jane Smith is the case caption. This caption never changes—it is always in the same order, no matter who files another motion. If one person remarries, that person’s last name is added to the caption. For example, if Jane Smith remarries and her last name is now Jones, the case caption becomes John Smith v. Jane Smith nka Jones.

Case number is the number of the case and it is always at the top of any motion or order or decision. The first digits of the case number identify the year in which the case was first filed. For example, case number 10DRA00416 (this is the same as 2010DRA00416) means that the case was filed in 2010. This number is not the same as a child support account number, typically referred to as a “SETS” number—this number is a ten-digit number.

Civil Protection Order is an order that is issued for the protection of a person (the Petitioner) or of children if the Court finds that the other person (the Respondent) has committed an act of domestic violence.

Continuance means that you wish to have the hearing rescheduled to a different date. You need to file a motion for a continuance if you wish the court to “continue” (reschedule) the hearing to a different date. The Judge or Magistrate who is scheduled for the hearing will determine if the continuance will be granted.

Decision is what the Court issues after a hearing by a Magistrate or what the Judge issues after a final hearing in a divorce proceeding. In certain circumstances, the Magistrate issues an order. You may be able to file Objections to a Magistrate’s Decision or a Motion to Set Aside a Magistrate’s Order. You should look at Rule 53 of the Rules of Civil Procedure to determine what your options are.

Decree is the name for a final divorce order—the Decree of Divorce—or a final order from a dissolution proceeding—a Decree of Dissolution—or a final order for shared parenting that is part of a divorce of dissolution proceeding—a Decree of Shared Parenting. The Decree is the document that states that your marriage is terminated.

Discovery is the process of finding out information from the other side. The rules for doing discovery are in the Rules of Civil Procedure. A common way of doing discovery is “interrogatories”. These are a set of written questions which must be answered within a certain period of time. Another way of doing discovery is a “request for production of documents”. This is a request to have certain documents provided—bank accounts, tax returns, etc. Another common way is to take a person’s “deposition”. A deposition is the process of answering questions orally and is done in the presence of a court reporter, under oath. It is similar to answering questions in court. You should review the Rules of Civil Procedure to determine all your options for conducting discovery and the time limits for responding to a discovery request from the other side.

Evidence is the information the Court uses to make a decision. Evidence can be documents, testimony, pictures, etc.

Exhibits are documents/pictures/etc. that you want the Judge or Magistrate to see. These can be bank statements, emails, report cards, income tax returns, pictures, etc. As a general matter, the court will keep the exhibits that are submitted during a hearing. If you have exhibits that you wish to submit, you need to bring a list of your exhibits and you need to mark each exhibit. If your name is the first name in the case caption, you should mark your exhibits with numbers. If your name is the second name in the case caption, you should mark your exhibits with letters. The index of exhibits should list the number or letter of each exhibit and then state what the exhibit is. For example, Exhibit A – Pay stub; Exhibit B – W2 form; etc. You should bring three complete sets of exhibits to the hearing (including the originals). You may be required to exchange exhibits before the hearing—this order would be in a Pretrial Order.

Final Appealable Order is an order that is the final order of the Court on a particular motion. A Decree of Divorce or Decree of Dissolution or Decree of Shared Parenting is also a final appealable order. You have the right to file an appeal to the Court of Appeals if you have a final appealable order.

Guardian ad Litem (“GAL”) is a person who is appointed to assist the Judge or Magistrate in determining what is in a child’s best interest in a parenting proceeding. The GAL will interview each parent, the children, school personnel, etc. The GAL will visit each parent’s home. The GAL will submit a copy of his/her report about the investigation and his/her recommendations to each parent approximately one week before the GAL and the parents are to report to the Court.

In camera interview is when the Judge or Magistrate interviews the children in a parenting proceeding. If there is a Guardian ad litem (“GAL”) appointed, the GAL will participate in the interview with the Judge or Magistrate. Otherwise, a member of the Court’s personnel will be present in the interview. The interview is recorded. Neither the parents nor their attorneys may be present during the interview. Neither the parents nor their attorneys may listen to the recording.

Local Rules are a set of rules that each court develops for the operation of the court, in addition to the Rules of Civil Procedure (which govern all civil courts in the state of Ohio). The Local Rules for the Clermont County Domestic Relations Court are located on this website, under the “Local Rules” link. You should review these rules to determine what you may need to file, specific procedures, etc.

Motion to Set Aside a Magistrate’s Order is what you file if you disagree with a Magistrate’s Order. You may look at Rule 53 of the Rules of Civil Procedure and Local Rule DR 39 to determine the procedure to follow if you wish to file a motion to set aside.

Objections are what you file if you disagree with a Magistrate’s decision. You may look at Rule 53 of the Rules of Civil Procedure and Local Rule DR 39 to determine the procedure to follow if you wish to file objections.

Parenting Investigation is an investigation performed by one of the Court’s Parenting Investigators in cases involving parenting issues. The Parenting Investigator interviews the children and the parents at the courthouse but does not conduct a home investigation.

Pretrial is a hearing to establish a schedule for other hearings or procedures. No witnesses are called for a Pretrial hearing and the Court does not take testimony or evidence. A Pretrial Order will be issued at the end of the hearing that has dates and times for a hearing, a date by which discovery is to be completed, a date by which exhibits are to be exchanged, etc.

Post-decree is a motion or proceeding that occurs after the Decree of Divorce or Decree of Dissolution is issued. This includes a motion to change the amount of a child support order, a motion to change the parenting orders, a motion to change the parenting time schedule, a motion for contempt, etc.

Rules of Civil Procedure are rules that govern all civil courts in the state of Ohio. The Rules are on the Supreme Court’s website (http://www.supremecourt.ohio.gov/LegalResources/Rules/). You should review these rules to determine procedures, time requirements, etc.

Service means that the other side was provided (“served”) with a copy of your Complaint for Divorce or Motion. There are different ways to accomplish service—certified mail or sheriff’s service or a private process server or publication or posting. A hearing cannot go forward unless the other side is served with your paperwork. The rules about service are in the Rules of Civil Procedure.

Subpoena orders a person to appear as a witness to testify in a court proceeding. If you wish to have a subpoena issued to make sure a person comes to court (a person other than the other party), then you need to go to the Clerk of Courts to fill out the form for a subpoena. You will need to have the address for the person whom you wish to subpoena and the date and time of the hearing.

Testimony is making statements in court or answering questions from the other party or an attorney under oath.

Under advisement is the time the Judge or Magistrate spends writing the Decision or Order after a hearing. The Judge and Magistrates make every effort to issue the Decisions and Orders as timely as possible. There is no set deadline to issue the Decision or Order. Due to the complexity of the case or special circumstances or other pending cases, it may take some time to issue a Decision or Order.

How to Find Forms

All of our forms are located on this website. When you are on the Court’s Home Page, you will scroll down the left side of the page and click on the “Forms” link, you will be taken to a screen that asks you to “Click HERE to go to our forms website”. The next screen states the following: Forms for dissolution, divorce, post-decree motion, etc.; and File Cabinet, a list of all available forms.

If you click on “a list of all available forms”, the next screen gives you the choice of forms organized by Form Name and by Form Number. Many of the forms that appear on these lists do not appear on the checklists.

If you click on one of the options under “Forms for”, you will be taken to a screen that has other options such as “with minor children” or “without minor children” or “modify child support” or “modify parenting time”, etc. When you decide on the option that best represents what you wish to file, you click on that option and the checklist with the form names and numbers will be downloaded. You may print the necessary forms by scrolling over to the form number and clicking on it. The form will be downloaded. If you choose the Word format, you need to print the form, and then complete the form by handwriting your information. If you choose the PDF format, you complete the form using your computer by filling in each “block” of information and then, once completed, you print it. You have the option of saving the form so you can come back to it.

Non-English Speaking Litigant

If a party or a witness does not speak English or has limited English-speaking skills, the Court is required to appoint a foreign language interpreter for that person, to interpret what that person is saying to the Judge or Magistrate and other parties and to interpret what the Judge and Magistrate and witnesses are saying for the foreign language party. Sometimes, a person is skilled in English in his/her regular daily functions but may have difficulty in a hearing before a Judge or Magistrate because the vocabulary is different. The interpreter provided by the Court is not to function as an interpreter between the party and his/her attorney—the attorney may need to bring another interpreter.

This also applies to a party or a witness who is deaf, hard of hearing, or deaf-blind.

You may wish to review Rule 88 of the Rules of Superintendence for the Courts of Ohio (http://www.supremecourt.ohio.gov/LegalResources/Rules/).

If you need an interpreter, you need to file a Request for Interpreter (Form DR-207 on the Forms portion of this website). You should review Local Rule DR 14 on the Local Rules portion of this website regarding an Interpreter.

Dissolution

A dissolution is a court action to end a marriage when the parties reach a full agreement of the terms to terminate their marriage. Both parties must sign a Petition that asks the Court to approve the Separation Agreement and issue a Decree of Dissolution and a Separation Agreement. A Separation Agreement settles all issues regarding the division of property, division of debts, division of retirement accounts, spousal support, and any parenting agreements if one parent will be designated the sole residential parent and legal custodian. If you wish to have Shared Parenting of your children, you must also submit a Shared Parenting Plan. The Court will not make any decisions for you; the Court will only issue a Decree making your agreement a court order.

- I have no money, how can I get the court costs waived? You may file an Affidavit and a Motion to waive the deposit of court costs. The Magistrate will decide whether you will be required to pay any court costs.
- Do I have to have an attorney to file a Petition for Dissolution? No, you may file a Petition for Dissolution without an attorney. If you need legal help or advice in any way, you will need to contact an attorney as the Court staff is not permitted, by law, to give legal advice.
- I looked at the Forms section of the website, but I do not know which Checklist or Forms to use. Can Domestic Relations Court staff help me choose the right Checklist and Form? Court staff is not permitted, by law, to give legal advice or guide you in any way.
- I already have a child support order, why do I have to fill out this child support paperwork? If you are filing forms that require this court to make orders regarding your children, and Clermont County Juvenile Court has already issued a child support order, Domestic Relations Court will contact Juvenile Court to request that your child support order be transferred to this Court so that all your parenting orders will be in this Court. If your child support order is not through Clermont County Juvenile Court, your child support order will remain in the other court unless you take the necessary steps in that court to terminate the child support order. You must include a copy of the most recent parenting order that is in effect when you file your Petition for Dissolution.
- My spouse and I get along. Can we agree that child support is direct to me (or to my spouse) instead of through Child Support Enforcement (CSE)? Ohio law requires that all child support payments be made through Ohio Child support Payment Central and administered by the CSE.
- I selected a Checklist from the website that I believe fits my situation, but I do not understand how to complete some of the forms. Can the Compliance Officer help me complete these forms? The Compliance Officer can review your completed paperwork—completed to the best of your ability—but cannot assist you in filling in the paperwork. The Compliance Officer is permitted to answer your procedural questions but, by law, cannot give legal advice.
- Do I have to get my forms notarized before I meet with the Compliance Officer? Yes, you need to have your signature notarized if the form requires that your signature be notarized. You may wish to check with a local bank or bail bondsman for a notary.
- What happens after the Compliance Officer reviews my paperwork? You will file your Petition, Separation Agreement and Shared Parenting Plan (if you have Shared Parenting of your children), along with the other required paperwork, with the Clerk of Courts. The Court will then set a hearing. Both you and your spouse must appear for the hearing. At the hearing, you will be asked if you agree to the terms of the Separation Agreement and Shared Parenting Plan (if you have one).
- Why is my hearing set so far out? In a dissolution proceeding, the hearing must be at least 30 days and no more than 90 days from the date the Petition for Dissolution is filed.
- If I cannot come to the hearing, how do I request that the hearing date be changed? If you need to change the hearing date, you must file a Motion for a Continuance as soon as possible. After you file the Motion, you must call the Court (513-732-7327) to find out if the Magistrate or Judge granted/approved the Motion. Do not assume that filing a Motion for a Continuance automatically continues the hearing date.
- When is the dissolution final? A dissolution is final after the Decree has been signed by the Magistrate and the Judge and the Decree has been forwarded to the Clerk of Courts to be journalized. The Clerk of Courts will mail each of you a certified copy.

How do I obtain a copy of my Decree of Dissolution and Decree of Shared Parenting? You may call the Clerk of Courts (513-732-7832) to obtain a copy of any document that is in your court file.

Divorce

A divorce is a court action to end a marriage when the parties do not agree how to resolve all the issues or if one party will not appear for a court hearing.

I have no money, how can I get the court costs waived? You may file an Affidavit and a Motion to waive the deposit of the court costs. The Magistrate will decide whether you will be required to any court costs.
Do I have to have an attorney to file a Complaint for Divorce? No, you may file a Complaint for Divorce or any motions during a divorce proceeding without an attorney. If you need legal help or advice in any way, you will need to contact an attorney as the court staff is not permitted, by law, to give legal advice.
Even though I have an attorney, can I still file Motions myself to save money? You may file any Motions or pleadings that you wish. But you should provide your attorney with copies of anything you file on your own.
I looked at the Forms section of the website, but I do not know which Checklist or Forms to use. Can Domestic Relations Court staff help me choose the correct Checklist and Form? Court staff is not permitted, by law, to give legal advice or guide you in any way.
What is the difference between a divorce and a legal separation? The process is similar but when you receive a Decree of Divorce, your marriage is terminated. When you receive a Decree of Legal Separation, you are still legally married. The Court can make orders regarding your property and any minor children. You should talk to an attorney so you are fully aware of whether or not you should be filing for a Legal Separation or a Divorce.
I already have a child support order, why do I have to fill out this child support paperwork? Depending on what type of case you are filing and depending on what Court issued the existing child support order, the Court may issue a new child support order.
I selected a Checklist and Form from the website that I believe fits my situation, but I do not understand how to complete some of the forms. Can the Compliance Officer help me complete the forms? The Compliance Officer can review your completed paperwork—completed to the best of your ability—but cannot assist you in filling in the paperwork. The Compliance Officer is permitted to answer your procedural questions but, by law, cannot give legal advice.
Do I have to get my forms notarized before I meet with the Compliance Officer? Yes, you will need to have your signature notarized if the form requires that your signature be notarized. You may wish to check with a local bank or bail bondsman for a notary.
What happens after the Compliance Officer reviews my paperwork? You file your paperwork with the Clerk of Courts. The Clerk of Courts starts the process by sending your paperwork to your spouse either by Certified Mail or by the Sheriff. You must provide the Clerk of Courts with a valid address. The Clerk of Courts and the Court refer to this process as “service” or having the other side “served”. It is your responsibility to make sure there is successful service. If service is not successful, the Clerk of Courts will not continue to try to serve the other side unless they receive instructions from you.
I don’t have an address for my spouse. Why can’t the Clerk of Courts or the Court provide me with the address since this information is of public record? The Rules of Civil Procedure require that the litigant—the person requesting service—provide the Clerk of Courts with an address where the other party is to be served. If your spouse has filed a Notification Form in another case that is in Domestic Relations Court, you are entitled to a copy of that form unless the information is confidential. The Ohio Revised Code and Rules of Superintendence dictate whether this form remains confidential.
How do I get an order for custody and/or child support before the divorce is over? Orders for child support and parenting orders issued before the divorce is over are called “temporary orders”. You can review this Court’s Local Rules, the forms on the Court’s website, and the Rules of Civil Procedure regarding temporary orders during a divorce proceeding. You may wish to attend the Court’s Law Clinic where a volunteer attorney will be on hand for legal advice. Information regarding the Law Clinic is on this website.
How do I file for emergency custody of my child/ren? You may file a Motion in your divorce case for emergency custody and/or a Petition for a Civil Protection Order. You should review the Civil Protection Order Packet in the Forms section of this website to determine if you meet all of the criteria and if that procedure fits your situation.
I want my child to talk to the Judge/Magistrate, how can I make that happen? The Judge or Magistrate can talk to your child in an “in camera interview.” You must file a motion or make an oral motion in a hearing if you want this interview to take place. If the motion is granted, the Judge or Magistrate will schedule a separate time for the interview to take place. Please review the information about an “in camera interview” in the Glossary section above.
I have a hearing and I do not have anyone to babysit my child. Can I just bring the child with me to the hearing? Please do not bring your child to the courthouse unless one of the following applies: the child is testifying in the hearing; the child will be interviewed by the Judge or Magistrate during the scheduled in camera interview, or the child is being interviewed by a Parenting Investigator at a scheduled appointment.
How long do I have to wait for a final hearing? After your spouse is served with the Complaint, he/she has 28 days in which to file an Answer. The Court will set a pretrial/final hearing approximately 45 days from the date that your spouse was served; the hearing will be scheduled after the first 28 days have passed. If you are able to agree on everything, or if your spouse does not respond or appear in court, you may be able to proceed with a final hearing. Otherwise, the Court will hold a Pretrial to determine what needs to happen before there can be a final hearing.
How do I request to appear for my hearing by telephone? If the hearing is a Pretrial and/or Report, there will be instructions on the Pretrial Order or the Hearing Notice for the process of requesting an appearance by telephone. If you wish to appear for a hearing that is not a Pretrial or Report (based on the distance you would need to travel, medical conditions, incarceration, etc.), you may file a Motion requesting to appear by telephone. The Judge or Magistrate will determine whether to grant your request.
Do I need to bring anyone with me to the final hearing? You will need to bring a corroborating witness with you to the hearing if you think your spouse will not appear. The corroborating witness is someone who knows about your circumstances and who knows about your relationship with your spouse.
Who am I allowed to bring with me into the courtroom? You may bring a support person, who can be a friend or family member. The extra seating in the hearing rooms is rather limited. Generally, the Judge and Magistrates prefer that children do not come in the courtroom. If a person is going to testify as a witness, the Judge or Magistrate will probably ask that person to wait in the waiting room.
If I cannot come to the hearing, how do I request that the hearing date be changed? If you need to change the hearing date, you must file a Motion for a Continuance as soon as possible. After you file the Motion, you must call the Court (513-732-7327) to find out if the Magistrate or Judge granted/approved the Motion. Do not assume that filing a Motion for a Continuance automatically continues the hearing date.
Why does the attorney/litigant on the other side get a continuance even if I object? The Judge or Magistrate has the discretion to grant a continuance or not depending on several factors such as how long the case has been pending, the reason the continuance is requested, how much docket time is scheduled for the hearing, etc.
Why is my case being heard by a Magistrate instead of a Judge? The Judge determines which cases will be heard by the Judge and which cases will be heard by a Magistrate.
What is the difference between a Judge and a Magistrate? A Magistrate acts for the Judge in cases assigned to the Magistrate. The Judge, who is elected, hires experienced attorneys to be Magistrates. The rules regarding Magistrates, their decisions, and orders, the process of filing objections or motions to set aside are all found in Rule 53 of the Rules of Civil Procedure and in the Local Rules on this website.
Why won’t the Judge or Magistrate read my letter? The Judge and Magistrates are not permitted by their ethical rules to receive “ex parte” communications—this means letters or phone calls or other forms of communication from just one side of a case.
I have witnesses and I want them to testify at the hearing. How can I make that happen? You have the option of filing a subpoena with the Clerk of Courts. You will need to provide the witness’s address for that person to be served with the subpoena. You may wish to contact the Clerk of Courts to determine how far in advance you need to issue a subpoena for your witness to be served in time for the hearing.
Is there going to be enough time in my hearing for all of my witnesses to testify? At the Pretrial, the Judge or Magistrate will ask you how much time you need to present your case. You should let the Judge or Magistrate know how many witnesses you will have so that the hearing can be set for enough time to for all the witnesses to testify.
What if my spouse and I cannot agree on parenting for our children? Custody orders are called “parenting orders” and visitation is called “parenting time”. If you cannot agree, and depending on the circumstances, the Court may order a Parenting Investigation or appoint a Guardian ad Litem (GAL). The Parenting Investigation takes 90 days and the investigation by the GAL takes 45 to 60 days. At the end of the investigation, a report is sent to each party before the Pretrial before the Court. Each party needs to read the report before the Pretrial. At the Pretrial, the Court will determine if there are other matters that need to be resolved before there is a final hearing or if the final hearing will be scheduled.
My spouse will not allow me to have my court-ordered parenting time, so why do I have to pay child support? My spouse is not paying child support, so why do I have to allow him/her to have court-ordered parenting time? Parenting time and child support are two separate issues—you are not paying child support, or receiving child support, in exchange for parenting time.
What will happen if I do not let my spouse have his/her court-ordered parenting time? You may be found in contempt for failure to follow a court order for parenting time. You should consult with an attorney to determine your options for your particular situation.
When is the divorce final? After the final hearing, the Magistrate or Judge will take the case under advisement. If a Magistrate hears the final hearing, the Magistrate will issue a Decision. You and your spouse will have 14 days to file Objections to the Decision. You will need to review the Local Rules and the Rules of Civil Procedure for the process of filing Objections. The Judge will review the Objections and make a Decision. The Court may issue a Decree of Divorce with the Decision or may ask the attorney(s) to prepare a Decree. If there are no Objections, the Court will issue the Decree after 14 days. If the Judge hears a final hearing, the Judge may issue the Decision and the Decree at the same time. The Clerk of Courts will mail each of you a certified copy.
How will I get a copy of the Decision and my copy of the Decree of Divorce? If you have an email address, copies of all orders before the final hearing and a copy of the Decision after the final hearing will be sent to your email address. Otherwise, those documents will be sent by regular mail to you. The Decree of Divorce will be sent by regular mail to you by the Clerk of Courts.
How do I provide the Magistrate or Judge with new information that I have about my case that is under advisement? You may not provide the Judge or Magistrate with any information outside of a hearing. If you feel that there is new information you need to provide, you may wish to file a Motion and set the Motion for a hearing.
What if I do not like the Decision? If you do not like the Decision from a Magistrate, you may wish to file Objections. You will need to review the Local Rules and the Rules of Civil Procedure for the process of filing Objections. The Judge will review the Objections and any transcripts. This process may take several months. Usually, a Decision will be issued to you without a hearing. If the Judge decides that a hearing is necessary, you will receive a hearing notice in the mail or by email. If the Judge issued a Decision, you cannot file Objections. If you still do not like the orders in the Decree of Divorce or Decree of Shared Parenting, you may wish to file an appeal of the Decree of Divorce. You will need to review the Rules of Civil Procedure, Rules of the Court of Appeals (http://www.twelfth.courts.state.oh.us/), and Rules of Appellate Procedure (http://www.supremecourt.ohio.gov/LegalResources/Rules/) to determine how to file an appeal. An appeal is a complicated process and you may wish to speak with an attorney.
Why can’t the clerk read my decision to me over the phone or explain to me what my decision means? For your protection, the clerks may not read the decision to you in case they do not read something correctly or you do not hear it correctly. The clerks cannot explain what your decision or order means because that is providing legal advice to you. The Court staff is not permitted, by law, to provide legal advice.
Do I have to request a copy of transcript when filing objections? The Local Rules state that any objection to a Magistrate’s decision that is based on an objection to a factual finding must be supported by a transcript. You need to review the Local Rules for the process of ordering a transcript.
I think that there is a clerical error in my decision, what do I do? You may call the Domestic Relations Court (513-732-7327) and speak to one of the docket clerks regarding the error.
How do I obtain a copy of my Decree of Divorce and Decree of Shared Parenting? You may call the Clerk of Courts (513-732-7832) to obtain a copy of any document that is in your court file.

Modifying Child Support

You may file a Motion to ask the Court to increase or reduce your child support order. You need to review the Local Rules and Forms section of the website to find the right forms for you.

I have no money, how can I get the court costs waived? You may file an Affidavit and a Motion to waive the deposit of the court costs. The Magistrate will decide whether you will be required to pay any court costs.
Do I have to have an attorney to file a Motion? No, you may file any motion without an attorney. If you need legal help or advice in any way, you will need to contact an attorney as the court staff is not permitted, by law, to give legal advice.

Even though I have an attorney, can I still file things myself to save money? You may file any Motions or pleadings that you wish. But you should provide your attorney with copies of anything you file on your own.
The other party will not pay child support. Do I file a motion through the Domestic Relations Court or do I contact Child Support Enforcement (“CSE”)? You may review the Forms section of this website to select the motion that fits your situation and then file a motion in the Domestic Relations Court. You may also contact your caseworker at CSE (513-732-7248). You can dial the extension for your caseworker. If you do not know the extension for your caseworker or the name of your caseworker, the main line can help you.
The other party will not allow me to have my court-ordered parenting time, so why do I have to pay child support? The other party is not paying child support, so why do I have to allow him/her to have court-ordered parenting time? Parenting time and child support are two separate issues—you are not paying child support, or receiving child support, in exchange for parenting time.
I am paying child support under a court order but the child has been living with me. How can I stop the child support? You may file a Motion to change the parenting orders and to terminate or suspend the payment of child support until the Judge or Magistrate can make final decisions or orders. Only the Court, either by approving any agreement you have with the other party or by issuing its own orders, can change the designation of the residential parent or modify the child support order.
The other party and I get along. Can we agree that child support is direct to me (or to the other party) instead of through Child Support Enforcement (CSE)? Ohio law requires that all child support payments be made through Ohio Child support Payment Central and administered by the CSE.
Neither parent wants to pay child support because we have agreed to share the child’s expenses – can we do that? Yes, parents can agree to a no child support order. However, if the specific reason for not paying child support is because the parents plan to divide the child’s expenses, the Court will not approve the agreement unless the parents have clearly laid out what types of expenses will be divided and how those expenses will be paid. When considering the types of expenses to be divided, parents are reminded to consider not only the child’s day-to-day expenses, but also extraordinary, one-time expenses, etc. If the parents want to agree that one party will pay the other party a certain amount of money every month toward the child’s expenses, then it must be paid as child support through CSE.
I looked at the Forms section of the website, but I do not know which Checklist or Forms to use. Can Domestic Relations Court staff help me choose the right Checklist and Form? Court staff is not permitted, by law, to give legal advice or guide you in any way.
I selected a Checklist and Form from the website that I believe fits my situation, but I do not understand how to complete some of the paperwork. Can the Compliance Officer help me complete the paperwork? The Compliance Officer can review your completed paperwork—completed to the best of your ability—but cannot assist you in filling in the paperwork. The Compliance Officer is permitted to answer your procedural questions but, by law, cannot give legal advice.
Do I have to get my forms notarized before I meet with the Compliance Officer? Yes, you will need to have your signature notarized if the form requires that your signature be notarized. You may wish to check with a local bank or bail bondsman for a notary.
What happens after the Compliance Officer reviews my paperwork? You file your paperwork with the Clerk of Courts. The Clerk of Courts starts the process by sending your paperwork to the other party either by Certified Mail or by the Sheriff. You must provide the Clerk of Courts with a valid address. The Clerk of Courts and the Court refer to this process as “service” or having the other side “served”. It is your responsibility to make sure there is successful service. If service is not successful, the Clerk of Courts will not continue to try to serve the other side unless they receive instructions from you.
I don’t have an address for the other party. Why can’t the Clerk of Courts or the Court provide me with the address since this information is of public record? The Rules of Civil Procedure require that the litigant—the person requesting service—provide the Clerk of Courts with an address where the other party is to be served. If the other party has filed a Notification Form in another case that is in Domestic Relations Court, you are entitled to a copy of that form unless the information is confidential. The Ohio Revised Code and Rules of Superintendence dictate whether this form remains confidential.
How long do I have to wait for a hearing? The Court will give you a hearing when you file your Motion. The hearing will be at least two weeks from the date you file your Motion in order to allow enough time for the other party to be served. Normally, the first hearing will be a Pretrial to determine what information needs to be exchanged before the final hearing. The hearings are scheduled based on the time that is available on the Judge’s and Magistrates’ calendars.
How do I request to appear for my hearing by telephone? If the hearing is a Pretrial and/or Report, there will be instructions on the Pretrial Order or the Hearing Notice for the process of requesting an appearance by telephone. If you wish to appear for a hearing that is not a Pretrial or Report (based on the distance you would need to travel, medical conditions, incarceration, etc.), you may file a motion requesting to appear by telephone. The Judge or Magistrate will determine whether to grant your request.
If I cannot come to the hearing, how do I request that the hearing date be changed? If you need to change the hearing date, you must file a Motion for a Continuance as soon as possible. After you file the Motion, you must call the Court (513-732-7327) to find out if the Magistrate or Judge granted/approved the Motion. Do not assume that filing a Motion for a Continuance automatically continues the hearing date.
Why does the attorney/litigant on the other side get a continuance even if I object? The Judge or Magistrate has the discretion to grant a continuance or not depending on several factors such as how long the case has been pending, the reason the continuance is requested, how much docket time is scheduled for the hearing, etc.
Why is my case being heard by a Magistrate instead of a Judge? The Judge determines which cases will be heard by the Judge and which cases will be heard by a Magistrate.
What is the difference between a Judge and a Magistrate? A Magistrate acts for the Judge in cases assigned to the Magistrate. The Judge, who is elected, hires experienced attorneys to be Magistrates. The rules regarding Magistrates, their decisions, and orders, the process of filing objections or motions to set aside are all found in Rule 53 of the Rules of Civil Procedure and in the Local Rules on this website.
Why won’t the Judge or Magistrate read my letter? The Judge and Magistrates are not permitted by their ethical rules to receive “ex parte” communications—this means letters or phone calls or other forms of communication from just one side of a case.
What information will I need to bring to the final hearing? The Pretrial Order will contain a list of the information you will need to provide to the Court and to the other party. That information will include the following: tax returns; W2 and 1099 forms; last several pay stubs; child care expense information; health insurance cost information.
I have witnesses and I want them to testify at the hearing. How can I make that happen? You have the option of filing a subpoena with the Clerk of Courts. You will need to provide the witness’s address for that person to be served with the subpoena. You may wish to contact the Clerk of Courts to determine how far in advance you need to issue a subpoena for your witness to be served in time for the hearing.
Is there going to be enough time in my hearing for all of my witnesses to testify? At the Pretrial, the Judge or Magistrate will ask you how much time you need to present your case. You should let the Judge or Magistrate know how many witnesses you will have so that the hearing can be set for enough time to for all the witnesses to testify.
Who am I allowed to bring with me into the courtroom? You may bring a support person, who can be a friend or family member. The extra seating in the hearing rooms is rather limited. Generally, the Judge and Magistrates prefer that children do not come in the courtroom. If a person is going to testify as a witness, the Judge or Magistrate will probably ask that person to wait in the waiting room.
What happens after the hearing? After the final hearing, the Magistrate will take the case under advisement. The Magistrate will issue a Decision. Each party will have 14 days to file Objections to the Decision. You will need to review the Local Rules and the Rules of Civil Procedure for the process of filing Objections. The Judge will review the Objections and make a Decision.
How will I get a copy of the Decision? If you have an email address, copies of all orders before the final hearing on the Motion will be sent to your email address. Otherwise, those documents will be sent by regular mail to you.
How do I provide the Judge or Magistrate with new information that I have about my case that is under advisement? You may not provide the Judge or Magistrate with any information outside of a hearing. If you feel that there is new information you need to provide, you may wish to file a motion and set the motion for a hearing.
What if I do not like the Decision? If you do not like the Decision, you may wish to file Objections. You will need to review the Local Rules and the Rules of Civil Procedure for the process of filing Objections. The Judge will review the Objections and any transcripts. This process may take several months. Usually, a Decision will be issued to you without a hearing. If the Judge decides that a hearing is necessary, you will receive a hearing notice in the mail or by email.
Do I have to request a copy of transcript when filing objections? The Local Rules state that any objection to a Magistrate’s decision that is based on an objection to a factual finding must be supported by a transcript. You need to review the Local Rules for the process of ordering a transcript.
Why can’t the clerk read my decision to me over the phone or explain to me what my decision means? For your protection, the clerks may not read the decision to you in case they do not read something correctly or you do not hear it correctly. The clerks cannot explain what your decision or order means because that is providing legal advice to you. The Court staff is not permitted, by law, to provide legal advice.
I think that there is a clerical error in my decision, what do I do? You may call the Domestic Relations Court (513-732-7327) and speak to one of the docket clerks regarding the error.
I received a paper labeled “Entry” that states the Magistrate’s Decision is adopted by the Court and is a Final Order of the Court. What does this Entry mean? This Entry means that neither party filed objections to the Magistrate’s Decision and that the Magistrate’s Decision is now a final order and a final appealable order. This Entry will be sent by regular mail to you by the Clerk of Courts.
How do I obtain a copy of an order in my case? You may call the Clerk of Court’s (513-732-7832) to obtain a copy of any document that is in your court file.
What if I do not like the Decision on Objections? If you do not like the Decision on Objections, you may wish to file an appeal. You will need to review the Rules of Civil Procedure, Rules of the Court of Appeals (http://www.twelfth.courts.state.oh.us/), and Rules of Appellate Procedure (http://www.supremecourt.ohio.gov/LegalResources/Rules/) to determine how to file an appeal. An appeal is a complicated process and you may wish to speak with an attorney.

Modification of Parenting Orders and Parenting Time

You may file a Motion to ask the Court to change the parenting orders (custody) or to change the parenting time (visitation) orders. You need to review the Local Rules and the Forms section of the website to find the right forms for you.

I have no money, how can I get the court costs waived? You may file an Affidavit and a Motion to waive the deposit of the court costs. The Magistrate will decide whether you will be required to pay any court costs.
Do I have to have an attorney to file a Motion? No, you may file any Motion without an attorney. If you need legal help or advice in any way, you will need to contact an attorney as the court staff is not permitted, by law, to give legal advice.
Even though I have an attorney, can I still file things myself to save money? You may file any motions or pleadings that you wish. But you should provide your attorney with copies of anything you file on your own.
I looked at the Forms section of the website, but I do not know which Checklist or Forms to use. Can Domestic Relations Court staff help me choose the right Checklist and Form? Court staff is not permitted, by law, to give legal advice or guide you in any way.
I selected a Checklist and Form from the website that I believe fits my situation, but I do not understand how to complete some of the paperwork. Can the Compliance Officer help me complete the paperwork? The Compliance Officer can review your completed paperwork—completed to the best of your ability—but cannot assist you in filling in the paperwork. The Compliance Officer is permitted to answer your procedural questions but, by law, cannot give legal advice.
The other party will not allow me to have my court-ordered parenting time, so why do I have to pay child support? The other party is not paying child support, so why do I have to allow him/her to have court-ordered parenting time? Parenting time and child support are two separate issues—you are not paying child support, or receiving child support, in exchange for parenting time.
What will happen if I do not let the other party have his/her court-ordered parenting time? You may be found in contempt for failure to follow a court order for parenting time. You should consult with an attorney to determine your options for your particular situation.
I want to file for custody, but I was divorced in another county or state, what do I need to do? Depending on the circumstances and where your ex-spouse lives, you may have to return to the county or state where you were divorced. You should review the applicable statutes in the Ohio Revised Code in Title 31 and the Local Rules on this website regarding Registration of Foreign Orders. You may wish to review the Civil Protection Order Packet in the Forms section of this website to determine if that procedure fits your situation. You may need to consult an attorney if you need legal advice because this can be a complicated process.
How do I file for emergency custody of my child/ren? How do I file for emergency custody of my child/ren? You may file a Motion in your divorce case for emergency custody and/or a Petition for a Civil Protection Order. You should review the Civil Protection Order Packet in the Forms section of this website to determine if you meet all of the criteria and if that procedure fits your situation.
Do I have to get my forms notarized before I meet with the Compliance Officer? Yes, you will need to have your signature notarized if the form requires that your signature be notarized. You may wish to check with a local bank or bail bondsman for a notary.
What happens after the Compliance Officer reviews my paperwork? You will file your paperwork with the Clerk of Courts. The Clerk of Courts will issue the Motion you file at that time to the other party in order to serve that person with the paperwork. You will need to provide the other party’s address to the Clerk of Courts.
I don’t have an address for my spouse. Why can’t the Clerk of Courts or the Court provide me with the address since this information is of public record? The Rules of Civil Procedure require that the litigant—the person requesting service—provide the Clerk of Courts with an address where the other party is to be served. If your spouse has filed a Notification Form in another case that is in Domestic Relations Court, you are entitled to a copy of that form unless the information is confidential. The Ohio Revised Code and Rules of Superintendence dictate whether this form remains confidential.
How long do I have to wait for a hearing? The Court will give you a hearing date when you file your Motion. The hearing will be at least two weeks from the date you file your Motion in order to allow enough time for the other party to be served. Normally, the first hearing will be a Pretrial to determine what information needs to be exchanged before the final hearing. If the Court believes that a Parenting Investigation or that a Guardian ad Litem (GAL) would be helpful, the Court will issue those orders at that time. The hearings are scheduled based on the time that is available on the Judge’s and Magistrates’ calendars.
If I cannot come to the hearing, how do I request that the hearing date be changed? If you need to change the hearing date, you must file a Motion for a Continuance as soon as possible. After you file the Motion, you must call the Court (513-732-7327) to find out if the Magistrate or Judge granted/approved the Motion. Do not assume that filing a Motion for a Continuance automatically continues the hearing date.
Why does the attorney/litigant on the other side get a continuance even if I object? The Judge or Magistrate has the discretion to grant a continuance or not depending on several factors such as how long the case has been pending, the reason the continuance is requested, how much docket time is scheduled for the hearing, etc.
Why is my case being heard by a Magistrate instead of a Judge? The Judge determines which cases will be heard by the Judge and which cases will be heard by a Magistrate.
What is the difference between a Judge and a Magistrate? A Magistrate acts for the Judge in cases assigned to the Magistrate. The Judge, who is elected, hires experienced attorneys to be Magistrates. The rules regarding Magistrates, their decisions, and orders, the process of filing objections or motions to set aside are all found in Rule 53 of the Rules of Civil Procedure and in the Local Rules on this website.
Why won’t the Judge or Magistrate read my letter? The Judge and Magistrates are not permitted by their ethical rules to receive “ex parte” communications—this means letters or phone calls or other forms of communication from just one side of a case.
How do I request to appear for my hearing by telephone? If the hearing is a Pretrial and/or Report, there will be instructions on the Pretrial Order or the Hearing Notice for the process of requesting an appearance by telephone. If you wish to appear for a hearing that is not a Pretrial or Report (based on the distance you would need to travel, medical conditions, incarceration, etc.), you may file a motion requesting to appear by telephone. The Judge or Magistrate will determine whether to grant your request.
How long does it take for a Parenting Investigation or for a GAL report? A Parenting Investigation takes 90 days and a GAL investigation takes 45 to 60 days. At the end of the investigation, a report is sent to each party before the Pretrial before the Court. Each party needs to read the report before the Pretrial. At the Pretrial, the Court will determine if there are other matters that need to be resolved before there is a final hearing or if the final hearing will be scheduled.
What information will I need to present at the final hearing? You should review the applicable statutes in the Ohio Revised Code to determine what information the Court needs to hear at the final hearing.
I have witnesses and I want them to testify at the hearing. How can I make that happen? You have the option of filing a subpoena with the Clerk of Courts. You will need to provide the witness’s address for that person to be served with the subpoena. You may wish to contact the Clerk of Courts to determine how far in advance you need to issue a subpoena for your witness to be served in time for the hearing.
Is there going to be enough time in my hearing for all of my witnesses to testify? At the Pretrial, the Judge or Magistrate will ask you how much time you need to present your case. You should let the Judge or Magistrate know how many witnesses you will have so that the hearing can be set for enough time to for all the witnesses to testify.
I want my child to talk to the Judge or Magistrate, how can I make that happen? The Judge or Magistrate can talk to your child in an “in camera interview.” You must file a motion or make an oral motion in a hearing if you want this interview to take place. If the motion is granted, the Judge or Magistrate will schedule a separate time for the interview to take place. Please review the information about an “in camera interview” in the Glossary section above.
Who am I allowed to bring with me into the courtroom? You may bring a support person, who can be a friend or family member. The extra seating in the hearing rooms is rather limited. Generally, the Judge and Magistrates prefer that children do not come in the room. If a person is going to testify as a witness, the Judge or Magistrate will probably ask that person to wait in the waiting room.
What happens after the hearing? After the final hearing, the Magistrate will take the case under advisement. The Magistrate will issue a Decision. You and your spouse will have 14 days to file Objections to the Decision. You will need to review the Local Rules and the Rules of Civil Procedure for the process of filing Objections. The Judge will review the Objections and make a Decision.
How will I get a copy of the Decision? If you have an email address, copies of all orders before the final hearing on the Motion will be sent to your email address. Otherwise, those documents will be sent by regular mail to you.
How do I provide the Judge or Magistrate with new information that I have about my case that is under advisement? You may not provide the Judge or Magistrate with any information outside of a hearing. If you feel that there is new information you need to provide, you may wish to file a motion and set the motion for a hearing.
What if I do not like the Decision? If you do not like the Decision, you may wish to file Objections. You will need to review the Local Rules and the Rules of Civil Procedure for the process of filing Objections. The Judge will review the Objections and any transcripts. This process may take several months. Usually, a Decision will be issued to you without a hearing. If the Judge decides that a hearing is necessary, you will receive a hearing notice in the mail or by email.
Do I have to request a transcript when filing objections? The Local Rules state that any Objection to a Magistrate’s Decision that is based on an Objection to a factual finding must be supported by a transcript. You need to review the Local Rules for the process of ordering a transcript.
Why can’t the clerk read my decision to me over the phone or explain to me what my decision means? For your protection, the clerks may not read the decision to you in case they do not read something correctly or you do not hear it correctly. The clerks cannot explain what your decision or order means because that is providing legal advice to you. The Court staff is not permitted, by law, to provide legal advice.
I think that there is a clerical error in my decision, what do I do? You may call the Domestic Relations Court (513-732-7327) and speak to one of the docket clerks regarding the error.
I received a paper labeled “Entry” that states the Magistrate’s Decision is adopted by the Court and is a Final Order of the Court. What does this Entry mean? This Entry means that neither party filed objections to the Magistrate’s Decision and that the Magistrate’s Decision is now a final order and a final appealable order. This Entry will be sent by regular mail to you by the Clerk of Courts.
How do I obtain a copy of an order in my case? You may call the Clerk of Court’s (513-732-7832) to obtain a copy of any document that is in your court file.
What if I do not like the Decision on Objections? If you do not like the Decision on Objections, you may wish to file an appeal. You will need to review the Rules of Civil Procedure, Rules of the Court of Appeals (http://www.twelfth.courts.state.oh.us/), and Rules of Appellate Procedure (http://www.supremecourt.ohio.gov/LegalResources/Rules/) to determine how to file an appeal. An appeal is a complicated process and you may wish to speak with an attorney.

Motion for Contempt

If you believe that the other party is not following the orders in your case, you may wish to file a Motion requesting that the other party be found in contempt. If a person is found in contempt, the Court may order that person to serve a jail sentence and/or pay a fine, pay the other party’s attorney fees, and also pay court costs.

I have no money, how can I get the court costs waived? You may file an Affidavit and a Motion to waive the deposit of the court costs. The Magistrate will decide whether you will be required to pay any court costs.
Do I have to have an attorney to file a Motion? No, you may file any Motion without an attorney. If you need legal help or advice in any way, you will need to contact an attorney as the court staff is not permitted, by law, to give legal advice.
Even though I have an attorney, can I still file Motions myself to save money? You may file any Motions or pleadings that you wish. But you should provide your attorney with copies of anything you file on your own.
My ex-spouse will not pay child support. Do I file a motion through the Domestic Relations Court or do I contact Child Support Enforcement (“CSE”)? You may review the Forms section of this website to select the motion that fits your situation and then file a motion in the Domestic Relations Court. You may also contact your caseworker at CSE (513-732-7248). You can dial the extension for your caseworker. If you do not know the extension for your caseworker or the name of your caseworker, the main line can help you.
The other party will not allow me to have my court-ordered parenting time, so why do I have to pay child support? The other party is not paying child support, so why do I have to allow him/her to have court-ordered parenting time? Parenting time and child support are two separate issues—you are not paying child support, or receiving child support, in exchange for parenting time.
What will happen if I do not let the other party have his/her court-ordered parenting time? You may be found in contempt for failure to follow a court order for parenting time. You should consult with an attorney to determine your options for your particular situation.
I am behind on my child support, can I pay in person right away? The Clermont County Child Support Enforcement office cannot accept payments. The Brown County Child Support Enforcement office and the Hamilton County Child Support Enforcement office will take cash or check payments and provide you with a receipt. You may also make a payment at CVS or at Walmart using a Moneygram—there is a small service fee for using a Moneygram.
If I am filing a Motion for Contempt, shouldn’t the other person—who is in contempt–have to pay court costs? You need to pay the court cost deposit when you file the Motion unless the payment of costs is waived based on an Affidavit of Indigence. The Judge or Magistrate will determine whether the other person is in contempt or not. If the other person is found in contempt, he/she may be ordered to reimburse you for paying court costs.
I looked at the Forms section of the website, but I do not know which Checklist or Forms to use. Can Domestic Relations Court staff help me choose the right Checklist and Form? Court staff is not permitted, by law, to give legal advice or guide you in any way.
I selected a Checklist and Form from the website that I believe fits my situation, but I do not understand how to complete some of the paperwork. Can the Compliance Officer help me complete the paperwork? The Compliance Officer can review your completed paperwork—completed to the best of your ability—but cannot assist you in filling in the paperwork. The Compliance Officer is permitted to answer your procedural questions but, by law, cannot give legal advice.
Do I have to get my forms notarized before I meet with the Compliance Officer? Yes, you will need to have your signature notarized if the form requires that your signature be notarized. You may wish to check with a local bank or bail bondsman for a notary.
What happens after the Compliance Officer reviews my paperwork? You will file your paperwork with the Clerk of Courts. The Clerk of Courts will issue the Motion you file at that time to the other party in order to serve that person with the paperwork. You will need to provide the other party’s address to the Clerk of Courts.
I don’t have an address for my spouse. Why can’t the Clerk of Courts or the Court provide me with the address since this information is of public record? The Rules of Civil Procedure require that the litigant—the person requesting service—provide the Clerk of Courts with an address where the other party is to be served. If your spouse has filed a Notification Form in another case that is in Domestic Relations Court, you are entitled to a copy of that form unless the information is confidential. The Ohio Revised Code and Rules of Superintendence dictate whether this form remains confidential.
Why can’t you give out the phone number, address, etc. of the other party? Isn’t this information public record? You are entitled to a copy of a Notification Form that the other party filed with their contact information unless there are reasons that the information is confidential. You should contact the Clerk of Courts (513-732-7832) to obtain a copy. There are occasions, based on the Ohio Revised Code and Rules of Superintendence, that the contact information is confidential.
I don’t have an address for the other side so that I can get my motion served. I know you do though, why won’t you just serve them? The Rules of Civil Procedure require that the litigant—the person requesting service—provides the Clerk of Courts with an address where the other
How long do I have to wait for a hearing? The Court will give you a hearing date when you file your Motion. The hearing will be at least two weeks from the date you file your Motion in order to allow enough time for the other party to be served. Normally, the first hearing will be a Pretrial to determine what information needs to be exchanged before the final hearing. If the Court believes that a Parenting Investigation or that a Guardian ad Litem (GAL) would be helpful, the Court will issue those orders at that time. The hearings are scheduled based on the time that is available on the Judge’s and Magistrates’ calendars.
If I cannot come to the hearing, how do I request that the hearing date be changed? If you need to change the hearing date, you must file a Motion for a Continuance as soon as possible. After you file the Motion, you must call the Court (513-732-7327) to find out if the Magistrate or Judge granted/approved the Motion. Do not assume that filing a Motion for a Continuance automatically continues the hearing date.
Why does the attorney/litigant on the other side get a continuance even if I object? The Judge or Magistrate has the discretion to grant a continuance or not depending on several factors such as how long the case has been pending, the reason the continuance is requested, how much docket time is scheduled for the hearing, etc.
Why is my case being heard by a Magistrate instead of a Judge? The Judge determines which cases will be heard by the Judge and which cases will be heard by a Magistrate.
What is the difference between a Judge and a Magistrate? A Magistrate acts for the Judge in cases assigned to the Magistrate. The Judge, who is elected, hires experienced attorneys to be Magistrates. The rules regarding Magistrates, their decisions, and orders, the process of filing objections or motions to set aside are all found in Rule 53 of the Rules of Civil Procedure and in the Local Rules on this website.
Why won’t the Judge or Magistrate read my letter? The Judge and Magistrates are not permitted by their ethical rules to receive “ex parte” communications—this means letters or phone calls or other forms of communication from just one side of a case.
What information will I need to present at the final hearing? You should review the applicable statutes in the Ohio Revised Code to determine what information the Court needs to hear at the final hearing.
I have witnesses and I want them to testify at the hearing. How can I make that happen? You have the option of filing a subpoena with the Clerk of Courts. You will need to provide the witness’s address for that person to be served with the subpoena. You may wish to contact the Clerk of Courts to determine how far in advance you need to issue a subpoena for your witness to be served in time for the hearing.
Is there going to be enough time in my hearing for all of my witnesses to testify? At the Pretrial, the Judge or Magistrate will ask you how much time you need to present your case. You should let the Judge or Magistrate know how many witnesses you will have so that the hearing can be set for enough time to for all the witnesses to testify.
Who am I allowed to bring with me into the courtroom? You may bring a support person, who can be a friend or family member. The extra seating in the hearing rooms is rather limited. Generally, the Magistrates and Judge prefer that children do not come in the room. If a person is going to testify as a witness, the Magistrate or the Judge will probably ask that person to wait in the waiting room.
What happens after the hearing? After the final hearing, the Magistrate will take the case under advisement. The Magistrate will issue a Decision. You and your spouse will have 14 days to file Objections to the Decision. You will need to review the Local Rules and the Rules of Civil Procedure for the process of filing Objections. The Judge will review the Objections and make a Decision.
How will I get a copy of the Decision? If you have an email address, copies of all orders before the final hearing on the Motion will be sent to your email address. Otherwise, those documents will be sent by regular mail to you.
How do I provide the Judge or Magistrate with new information that I have about my case that is under advisement? You may not provide the Judge or Magistrate with any information outside of a hearing. If you feel that there is new information you need to provide, you may wish to file a motion and set the motion for a hearing.
What if I do not like the Decision? If you do not like the Decision, you may wish to file Objections. You will need to review the Local Rules and the Rules of Civil Procedure for the process of filing Objections. The Judge will review the Objections and any transcripts. This process may take several months. Usually, a Decision will be issued to you without a hearing. If the Judge decides that a hearing is necessary, you will receive a hearing notice in the mail or by email.
Do I have to request a transcript when filing objections? The Local Rules state that any Objection to a Magistrate’s Decision that is based on an Objection to a factual finding must be supported by a transcript. You need to review the Local Rules for the process of ordering a transcript.
Why can’t the clerk read my decision to me over the phone or explain to me what my decision means? For your protection, the clerks may not read the decision to you in case they do not read something correctly or you do not hear it correctly. The clerks cannot explain what your decision or order means because that is providing legal advice to you. The Court staff is not permitted, by law, to provide legal advice.
I think that there is a clerical error in my decision, what do I do? You may call the Domestic Relations Court (513-732-7327) and speak to one of the docket clerks regarding the error.
I received a paper labeled “Entry” that states the Magistrate’s Decision is adopted by the Court and is a Final Order of the Court. What does this Entry mean? This Entry means that neither party filed objections to the Magistrate’s Decision and that the Magistrate’s Decision is now a final order and a final appealable order. This Entry will be sent by regular mail to you by the Clerk of Courts.
How do I obtain a copy of an order in my case? You may call the Clerk of Court’s (513-732-7832) to obtain a copy of any document that is in your court file.
What if I do not like the Decision on Objections? If you do not like the Decision on Objections, you may wish to file an appeal. You will need to review the Rules of Civil Procedure, Rules of the Court of Appeals (http://www.twelfth.courts.state.oh.us/), and Rules of Appellate Procedure (http://www.supremecourt.ohio.gov/LegalResources/Rules/) to determine how to file an appeal. An appeal is a complicated process and you may wish to speak with an attorney.

Domestic Violence Civil Protection Orders

This is an order that is issued for the protection of a person (the Petitioner) or of children if the Court finds that the other person (the Respondent) has committed an act of domestic violence.

How do I know if a Civil Protection Order is what I need? You should review the Local Rules and the packet for a Civil Protection Order to determine if this is what you need.
How much does it cost to file for a Civil Protection Order? There are no fees charged to file a Petition for a Civil Protection Order.
What are the hours that I can file a Petition for a Domestic Violence Civil Protection Order? You may file a Petition between 8:00 a.m. and noon and between 1:00 p.m. and 2:00 p.m., Monday through Friday. You may wish to read through the Civil Protection Order Packet in the Forms section of this website to determine whether you meet the criteria for filing a Petition in the Domestic Relations Court and whether this procedure fits your situation.
What happens after I complete my paperwork? You file your paperwork with the Clerk of Courts. You need to provide the Clerk of Courts with an address where the other party can be served. You will then wait for a hearing the same day. This may involve waiting more than an hour, so be prepared and make any necessary arrangements. This first hearing is called an “Ex Parte” hearing.
I don’t have an address for my spouse. Why can’t the Clerk of Courts or the Court provide me with the address since this information is of public record? The Rules of Civil Procedure require that the litigant—the person requesting service—provide the Clerk of Courts with an address where the other party is to be served. If your spouse has filed a Notification Form in another case that is in Domestic Relations Court, you are entitled to a copy of that form unless the information is confidential. The Ohio Revised Code and Rules of Superintendence dictate whether this form remains confidential.
I want to file a Petition for a Civil Protection Order to protect my child–may I bring him/her in to speak to the Magistrate? If you are able to bring your child to the hearing, you should do so in case the Magistrate or Judge wishes to hear testimony from him/her.
Can I obtain a Domestic Violence Civil Protection Order for my child if another court has issued custody orders? You may be able to obtain a Civil Protection Order for your child in this situation depending on the circumstances.
Who am I allowed to bring with me into the courtroom? You may bring a support person, who can be a friend or family member. The extra seating in the hearing rooms is rather limited. Generally, the Judge and Magistrates prefer that children do not come in the room. If a person is going to testify as a witness, the Judge or Magistrate will probably ask that person to wait in the waiting room.
What happens at the Ex Parte hearing—the first hearing? The Judge or Magistrate will read your Petition and ask you to explain what happened. The Judge or Magistrate may issue an Ex Parte Order or may just set the Petition for another hearing without issuing any orders.
Why are there two dates on my Ex Parte Civil Protection Order? One date is the hearing date. The later date is the date the Civil Protection Order expires.
I was served with a copy of the Ex Parte CPO order but I do not understand how the Court can make these orders without hearing my side of the story? The statute permits the Court to issue an order based only on the Petitioner’s statements. A second, final hearing must be scheduled initially within seven to ten business days of the date that an Ex Parte Order is granted. As the Respondent, you will be able to let the Court know your side of the story at this second, final hearing.
Do I still have to come to the final hearing if the other person has not been served with the Order? Yes. You may wish to file a Motion for a Continuance to change the hearing date. If the Motion for Continuance is granted, then you may not need to be present. After you file the Motion, you must call the Court (513-732-7327) to find out if the Magistrate or Judge granted/approved the Motion. Do not assume that filing a Motion for a Continuance automatically continues the hearing date.
Why does the attorney/litigant on the other side get a continuance even if I object? The Judge or Magistrate has the discretion to grant a continuance or not depending on several factors such as how long the case has been pending, the reason the continuance is requested, how much docket time is scheduled for the hearing, etc.
Why is my case being heard by a Magistrate instead of a Judge? The Judge determines which cases will be heard by the Judge and which cases will be heard by a Magistrate.
What is the difference between a Judge and a Magistrate? A Magistrate acts for the Judge in cases assigned to the Magistrate. The Judge, who is elected, hires experienced attorneys to be Magistrates. The rules regarding Magistrates, their decisions, and orders, the process of filing objections or motions to set aside are all found in Rule 53 of the Rules of Civil Procedure and in the Local Rules on this website.
Why won’t the Judge or Magistrate read my letter? The Judge and Magistrates are not permitted by their ethical rules to receive “ex parte” communications—this means letters or phone calls or other forms of communication from just one side of a case.
What will happen regarding my Civil Protection Order if the other party cannot be served? If the other party has not been served with the paperwork and the Order, the hearing date will be continued to a new date; the orders in the original order will stay in place. If you do not know the other party’s address, you may be able to obtain service by “posting”. The Clerk of Courts takes care of this—it involves posting notices in various public buildings.
Will I be arrested if I do not appear for my final hearing on the Civil Protection Order? You will not be arrested. If you are the Petitioner (the person who filed the Petition) and you do not appear for the final hearing, the Petition may be dismissed. If you are the Respondent (the person against whom the Civil Protection Order was issued), and you were served with the paperwork, but you do not appear for the final hearing, the hearing may go forward without you and the court may issue orders even though you are not present.
The other person is calling me, driving past my house, etc. What can I do? You have the option of calling the police if you believe the Civil Protection Order is being violated. You can file a Motion in the Domestic Relations Court and set the motion for a hearing. You may look at the Forms section of this website to find the Motion that applies to your situation.
I am not afraid anymore–we are going to counseling, reconciling, etc. Why do I have to wait and have a hearing to dismiss the Civil Protection Order? The Court wants to make sure that you filed the motion voluntarily and that you have not been threatened or coerced into requesting that the Civil Protection Order be dismissed.
If I file a Motion to Terminate the Civil Protection Order and do not appear for the hearing, will the motion be dismissed? The Motion to Dismiss will be dismissed, which means that the Civil Protection Order will still be in place.
My Civil Protection Order is going to expire and I am still afraid. What can I do? You have the option of filing a Motion to extend the Civil Protection Order if your current Order has not yet expired. The Motion will be set for a hearing at least seven days after you file the Motion. You may also file a new Petition for a Civil Protection Order. It will be up to the Judge or Magistrate to make a decision regarding whether the Civil Protection Order is extended and what type of orders will be in place.
What happens after the final hearing? If both parties come to an agreement regarding the terms of the order, both parties will sign a Consent Agreement. If both parties do not come to an agreement, and the parties present evidence and testimony, the Magistrate may make a finding that there is not sufficient evidence to issue a final order and will order that the case be dismissed. If the Magistrate does not dismiss the case after hearing the evidence and testimony, the Magistrate will issue an Order. The Magistrate will inform the parties when to expect to receive the Order. Until the final Order is issued, the Ex Parte Order remains in effect.
How do I provide the Judge or Magistrate with new information that I have about my case that is under advisement? You may not provide the Judge or Magistrate with any information outside of a hearing. If you feel that there is new information you need to provide, you may wish to file a motion and set the motion for a hearing.
What if I do not like the Order? If you do not like the Order, you (either party) have 14 days to file Objections to the Order. If you decide to file Objections, you need to review the Local Rules and the Rules of Civil Procedure for the process of filing Objections. The Judge will review the Objections and any transcripts. This may take several months. Usually, an Order and Entry on Objections will be issued to you without a hearing. If the Judge decides that a hearing is necessary, you will receive a hearing notice in the mail or by email. The Civil Protection Order issued by the Magistrate at the end of the final hearing remains in effect until the Judge issues the Order and Entry on Objections.
Do I have to request a transcript when filing objections? The Local Rules state that any Objection to a Magistrate’s Decision that is based on an Objection to a factual finding must be supported by a transcript. You need to review the Local Rules for the process of ordering a transcript.
Why can’t the clerk read my decision to me over the phone or explain to me what my decision means? For your protection, the clerks may not read the decision to you in case they do not read something correctly or you do not hear it correctly. The clerks cannot explain what your decision or order means because that is providing legal advice to you. The Court staff is not permitted, by law, to provide legal advice.
I think that there is a clerical error in my decision, what do I do? You may call the Domestic Relations Court (513-732-7327) and speak to one of the docket clerks regarding the error.
How do I obtain a copy of an order in my case? You may call the Clerk of Court’s (513-732-7832) to obtain a copy of any document that is in your court file.
What if I do not like the Decision on Objections? If you do not like the Decision on Objections, you may wish to file an
appeal. You will need to review the Rules of Civil Procedure, Rules of the Court of Appeals (http://www.twelfth.courts.state.oh.us/), and Rules of Appellate Procedure (http://www.supremecourt.ohio.gov/LegalResources/Rules/) to determine how to file an appeal. An appeal is a complicated process and you may wish to speak with an attorney.
FINDING AN ATTORNEY
Why can’t I have a court appointed attorney or public defender? I know Juvenile Court appoints attorneys. The Domestic Relations Court does not appoint attorneys. You may qualify for the assistance of a Public Defender (513-732-7223) in certain contempt cases. You need to contact the Public Defender’s office to determine if you qualify for assistance.
Why can you only get a Public Defender if you are facing a contempt charge on the Child Support Enforcement Docket for failure to pay child support? The Public Defender’s Office has a policy of representing only those individuals on the Child Support Enforcement docket who qualify for assistance, based on the allocation of the Public Defender’s Office’s resources.
What resources are available for assisting in finding an attorney? The Lawyer Referral Service (513-732-2050) can direct you to an attorney. You may wish to contact the Legal Aid Society of Greater Cincinnati (513-241-9400).
Legal Aid has a long waiting list–who else can help me legal advice if I am on a limited income? You may wish to come to the Law Clinic to ask questions of an attorney and to obtain some legal advice. Please review the information on the “Law Clinic” link on this website for more information.
I want to report my attorney and/or I want a new attorney. What can I do? If you believe that your attorney has not provided you with good legal services, you may wish to contact the Clermont County Bar Association. If you obtain a new attorney, your new attorney will need to file a Substitution of Counsel.

Help with Forms

Clermont County Domestic Relations Court holds a Law Clinic once a month (except for the month of July) from 9 a.m. until noon at the Clermont County Library Administration Building located at 326 Broadway Street, Batavia, Ohio 45103 to help self-represented parties with legal advice and court forms. A volunteer attorney is there to offer parties legal advice, and a court employee is on hand to make sure that completed forms comply with court rules. For more information on the Law Clinic, please click here.

Helpful Links

The Ohio State Bar Association has a series of articles and information about a variety of issues and questions. This is another good resource for information.
https://www.ohiobar.org/ForPublic/Resources/LawYouCanUse/Pages/LawYouCanUse.aspx

This is a link to the Ohio Child Support Guidelines Calculator: http://www.jfs.ohio.gov/ocs/. It is an easy-to-follow way to prepare a child support worksheet.

This is a link to the Ohio Legal Help Center: Need legal information, forms or a lawyer? | Ohio Legal Help

Domestic Court Law Clinic

Legal Aid Society – Legal Help Clinic

FAQs