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Law Offices of Virginia C. Cornwell

(614) 225-9316
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Ohio Temporary Restraining Orders in Divorce

June 12, 2015

OHIO DIVORCE LAWYER, OHIO DIVORCE ATTORNEY, DIVORCE LAWYER COLUMBUS, HOW MUCH DIVORCE LAWYER, PREPARE FOR DIVORCEIn Ohio, when a divorce case is filed, it is common for the court to put on a temporary restraining order.  Sometimes, the order is only put on if a party asks for it, and the order is one-sided (the party that asks for it gets the order agains the other party only).  This is currently the case in Franklin County.  In other counties, sometimes the domestic court’s local rules state that the temporary restraining order goes on as soon as the case is filed, against both parties.

It is important to understand the nature and limitations of these orders.  They are not domestic violence orders, although they usually instruct the parties not to harass each other.  They do not have any provisions that will require a party to give up their guns (unlike a civil protection order / domestic violence protection order).  There is no allegation of wrong doing necessary to get these orders.  These orders are simply put on to protect the status quo during the divorce, so that the parties remain relatively peaceful while they wait their turn for the court to end their marriage, divide their property and debts, and make orders regarding support and children.

Among other things, temporary restraining orders usually restrain the parties from taking funds out of any of their assets except for checking accounts.  This prohibits the parties from dipping into retirement, savings or anything else to finance their divorce.  This can seriously disadvantage the party who did not plan for the divorce.  One party has all their ducks in a row and the other is unable to afford their attorney.

There are very few good solutions for this problem.  An attorney can file a motion for attorney fees, but the attorney fees are not awarded often enough to address the problem or equalize the parties’ financial power, and when the fees are awarded, the awards are often minimal compared to the need.

When people think divorce is coming, they are often afraid to financially prepare themselves for the divorce, because they are afraid that taking the money will hasten the divorce itself.  That may or may not be true.  Each client is in the best position to judge their own spouse’s potential reaction.  However, when a client believes divorce is coming, they need to understand that a temporary restraining order is coming as well, and it may take a while to get to agreement, if agreement can be reached.  By failing to prepare for divorce, and for the temporary restraining order that will soon be limiting their access to their assets, people facing divorce are taking a risk of being the disadvantaged party throughout the entire divorce.

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DIVORCE LAWYER, DIVORCE CHILD SUPPORT LAWYER,  DIVORCE CUSTODY LAWYER, COLUMBUS CHILD SUPPORT LAWYER, GAHANNA OHIO DIVORCE LAWYER,Want your questions answered by a live person (either in person or by telephone)?  We would be happy to schedule a consultation with you.

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OHIO CHILD SUPPORT GUIDELINES CALCULATOR

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READ THIS BEFORE YOU READ OUR WEB SITE

1. This site applies to the state of Ohio and matters of federal law only.
2. The info on our site is not legal advice because we don't know the facts of your case. If you want legal advice, you must meet with a lawyer.
3. Reading this website or sending documents to us does not create an attorney-client relationship and information or documents you give us will not be kept confidential unless you call us, tell us who is involved in your case, and let us do a conflict of interest check.

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  • Columbus Ohio Divorce Lawyer
(614) 225-9316

Ohio Child Support Guidelines Calculator

Ohio Child Support Guidelines Calculator

Blogroll

  • Columbus Ohio Divorce Lawyer

Read this before you read our website

1. This site applies to the state of Ohio and matters of federal law only.

2. The info on our site is not legal advice because we don't know the facts of your case. If you want legal advice, you must meet with a lawyer.

3. Reading this website or sending documents to us does not create an attorney-client relationship and information or documents you give us will not be kept confidential unless you call us, tell us who is involved in your case, and let us do a conflict of interest check.

AREAS OF PRACTICE

  • Annulment of Marriage
  • Appeals
  • CERTIFIED SPECIALIST – OSBA Certified Family Relations Specialist
  • Child Support
  • Columbus Ohio Collaborative Family Law
  • Contempt of Court
  • Custody
  • Dissolution of Marriage
  • Divorce
  • Divorce & Alimony
  • Divorce & Assets
  • Divorce & Business Owners
  • Divorce & Child Support
  • Divorce & Custody
  • Divorce & Professional or Medical Practice Owners
  • Family Law
  • Father's Rights
  • Franklin County & 88 Ohio Counties
  • Grandparents Rights
  • Legal Separation
  • LGBT Family Law, Divorce, Custody
  • Military Divorce
  • Mother's Rights
  • Moving & Relocation
  • Ohio Collaborative Divorce
  • Parental Alienation
  • Paternity
  • Post-Decree Modifications
  • Prenuptial & Antenuptial Agreements (Prenup)
  • Shared Parenting
  • Temporary Orders in Ohio
  • Uncontested Divorce
  • Unmarried & Never Married Parents
  • Visitation
(614) 225-9316

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Ohio Bar Association Certified Family Law Specialist

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  • Child Custody (39)
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  • Emergency Custody and Supervised Visitation (3)
  • Father's Rights and Paternity (12)
  • Grandparents Rights in Ohio (14)
  • Guardian ad Litem (3)
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  • Interstate Family Law (2)
  • Jurisdiction and Venue (6)
  • Legal Separation (5)
  • LGBT Family Law (6)
  • Mediation (1)
  • Military Family Law (3)
  • Mothers' Rights (2)
  • Moving and Relocation (10)
  • Ohio County Visitation Schedules (86)
  • Parental Alienation (2)
  • Post Decree Cases (6)
  • Prenuptial Agreements or Antenuptial Agreements (3)
  • Psychological Evaluations (2)
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  • Step-Parent Adoption (1)
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  • Uncontested Divorce (2)
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Recent Posts:

  • Appealing Your Ohio Family Law Judgment Entry
  • The Ohio LGBT community’s new right to marry also means the right to step-parent adoption
  • Ohio LGBT Shared Custody Agreements: Get it in Writing!
  • Columbus Ohio Same Sex Divorce Lawyer & Prenuptial Agreement Lawyer
  • Same Sex Divorce in Ohio: U.S. Supreme Court Strikes Down Bans on Same Sex Marriage

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From our downtown Columbus offices we serve clients throughout Ohio. We also service areas such as Gahanna, Bexley, Blacklick, Columbus, Dublin, Hilliard, Lancaster, Westerville, New Albany, Pickerington, Powell, Upper Arlington, Worthington, Lancaster, Franklin County, Fairfield County and more. In addition, we serve clients in several Ohio Counties, including, but not limited to: Franklin County, Delaware County, Licking County, and Fairfield County.

Ohio State Bar Association Certified Family Relations Specialist

Ohio Bar Association Certified Family Law Specialist

Free Information

  • Adoption (4)
  • Alimony or Spousal Support (3)
  • Annulment (5)
  • Appeals (3)
  • Child Custody (39)
  • Child Support (15)
  • Civil Protection Orders & Domestic Violence (3)
  • Collaborative Divorce (1)
  • Contempt & Enforcement (12)
  • Dissolution , Amicable Divorce, No Fault Divorce (15)
  • Divorce (45)
  • Emergency Custody and Supervised Visitation (3)
  • Father's Rights and Paternity (12)
  • Grandparents Rights in Ohio (14)
  • Guardian ad Litem (3)
  • High Asset Divorce (2)
  • Interstate Family Law (2)
  • Jurisdiction and Venue (6)
  • Legal Separation (5)
  • LGBT Family Law (6)
  • Mediation (1)
  • Military Family Law (3)
  • Mothers' Rights (2)
  • Moving and Relocation (10)
  • Ohio County Visitation Schedules (86)
  • Parental Alienation (2)
  • Post Decree Cases (6)
  • Prenuptial Agreements or Antenuptial Agreements (3)
  • Psychological Evaluations (2)
  • Shared Parenting (2)
  • Step-Parent Adoption (1)
  • Tax Issues (1)
  • Temporary Orders (5)
  • Uncategorized (14)
  • Uncontested Divorce (2)
  • Unmarried Parents (6)
  • Visitation (6)

Recent Posts:

  • Appealing Your Ohio Family Law Judgment Entry
  • The Ohio LGBT community’s new right to marry also means the right to step-parent adoption
  • Ohio LGBT Shared Custody Agreements: Get it in Writing!
  • Columbus Ohio Same Sex Divorce Lawyer & Prenuptial Agreement Lawyer
  • Same Sex Divorce in Ohio: U.S. Supreme Court Strikes Down Bans on Same Sex Marriage

From our downtown Columbus offices we serve clients throughout Ohio. We also service areas such as Bexley, Blacklick, Columbus, Delaware, Dublin, Gahanna, Hilliard, Lancaster, Marysville, Westerville, New Albany, Newark, Pickerington, Plain City, Powell, Upper Arlington, Worthington, Lancaster, Zanesville and more. In addition, we serve clients in all Ohio Counties, including, but not limited to: Franklin County, Delaware, Licking, Logan, Fairfield, Union, Marion, Muskingum, Pickaway, Ross, Richland, Madison, Morrow, Knox, and more.

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Law Offices of Virginia C. Cornwell
408 Emory St
Columbus , OH , 43230
(614) 225-9316
Latitude: 40.00734
Longitude: -82.84535