What is the difference between temporary orders and temporary restraining orders?
Temporary Restraining Orders
In family law, sometimes temporary restraining orders are made at the beginning of the case. These orders are general orders and usually are not specific to the facts of a certain case. In custody cases between parents who were not married, they are usually limited to an order that the minor child cannot be permanently removed from the state of Ohio. In divorce cases, temporary restraining orders require that the other party refrain from harassing you at work or at home, selling, hiding or giving away assets, incurring debt in your name, changing beneficiaries of life insurance, canceling health insurance and taking the minor child and permanently leaving the state.
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In an Ohio divorce or custody cases, Temporary Orders are orders which the court issues to establish how the parties are going to operate while their case is pending.Temporary orders are VERY important because even though they are temporary, they often set a precedent that determines how the case is going to turn out at trial.For this reason, it is very important that for both parties and witnesses giving affidavits in support of temporary orders to do their best job of collecting and presenting information in support of the position they are supporting in their temporary orders affidavit.
If you want to learn more about Temporary Orders in Ohio divorce, custody and visitation cases, you may be interested in purchasing a copy of Virginia Cornwell’s ebook on Temporary Orders in Ohio Divorce and Custody Cases. You can click the e-book photo on the left or click the icon in the sidebar on any page that looks like this ->
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Here are some examples of forms affidavits that Ohio counties use. Please note the first link, from the Supreme Court of Ohio can be used in divorce and legal separation cases in any county in Ohio, although the county may require their own form IN ADDITION to the Supreme Court’s form. These forms contain SOME of the relevant information the court needs. Courts change their web sites from time to time, so if the link that you try does not work, try another one. In addition, you may have to copy and paste the link into your browser if it does not work the first time you try it. There is also a form affidavit for temporary orders available from the Supreme Court of Ohio Web Site that can be used in any Ohio County – for divorce or legal separation cases only.
http://www.supremecourt.ohio.gov/JCS/CFC/DRForms/
http://www.perfectprobate.com/pdf/hamiltondomesticrelations/2456.pdf
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We have never yet seen a form which contains all of the information which should be submitted with temporary orders affidavits. Especially when there are children involved, it is nearly impossible to create the perfect form for temporary orders affidavits. This means that in addition to whatever local forms a county uses for temporary orders affidavits (if any ), the party to the litigation also needs to submit narrative affidavits and/or give testimony at a hearing, depending on the local court’s preferred procedure.
C says
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