Emergency (Ex Parte) Orders in Ohio Family Cases: What They Are—and What They Aren’t
- Oct 12
- 5 min read
An educational overview for Ohio families and fathers, focusing on domestic-relations courts
By Attorney Andrew Russ, Ohio Family Law Attorney
Learn the narrow, safety-focused use of ex parte emergency orders in Ohio domestic-relations cases—what they cover, how they’re granted, how long they last, and what comes next. Educational only; not legal advice.
Educational Notice:
This article is for general educational purposes for Ohio readers. It is not legal advice and does not create an attorney–client relationship. For advice about your situation, consult an attorney licensed in Ohio.
I. Quick Definition: What is an “ex parte” emergency order?
In Ohio, an ex parte order is a short‑term court order issued without the other party’s advance participation, used only in limited, urgent situations. In family (domestic‑relations) cases, ex parte orders most commonly appear as: (1) temporary restraining orders under Civil Rule 65, (2) temporary orders in divorce/parentage cases under Civil Rule 75(N), and (3) ex parte civil protection orders under R.C. 3113.31 (domestic violence statutes). Each has a different purpose and procedure.
II. Where ex parte orders show up in Ohio family courts
A. Civil Rule 65 temporary restraining orders (TROs)
A TRO aims to prevent immediate, irreparable harm until a prompt hearing can be held. A court may grant one without prior notice only if specific facts, shown by affidavit or a verified pleading, demonstrate that immediate and irreparable injury will occur before the other side can be heard, and the moving party’s attorney certifies efforts to give notice or explains why notice should not be required.
Key attributes (plain English): the order is narrowly tailored, short‑lived (typically no more than 14 days unless properly extended or consented), and quickly gives way to a full, adversarial hearing.
B. Civil Rule 75(N) temporary orders in divorce/parentage
Ohio’s Civil Rule 75(N) permits courts to enter temporary orders on issues such as residential parenting, companionship time, child support, and spousal support at the outset of a domestic‑relations case, often based on sworn affidavits. Either side can request an oral hearing after the initial paper order issues. These are not “permanent” decisions; they stabilize the situation while the case proceeds.
C. R.C. 3113.31 civil protection orders (CPOs)
Ohio law authorizes courts to issue ex parte civil protection orders when there is evidence of domestic violence or dating violence. Ex parte CPOs are designed to protect safety immediately and remain in effect only until a full hearing—typically within about a week—where both sides can be heard. Final CPOs can last longer if granted after that hearing.
III. What courts look for (typical showings)
While each situation is unique, courts commonly expect:
• Specific, sworn facts—not conclusions. Attach affidavits, messages, photos, or other exhibits that show why urgent action is needed.
• Immediacy and risk of irreparable harm. For TROs, explain why harm cannot be fixed later with money or standard remedies.
• Narrow relief. Ask only for what’s necessary to protect safety or preserve the status quo until the hearing.
• Good‑faith notice efforts (or why notice would be dangerous or futile). For TROs under Civ.R. 65, counsel typically certifies efforts or reasons.
• For parenting issues, concrete impacts on the child: school stability, health/safety, transportation, and a plan that preserves meaningful contact when safe.
IV. How long do ex parte orders last?
It depends on the type of order and the court’s scheduling. TROs under Civ.R. 65 generally expire in no more than 14 days unless the court extends for good cause or the respondent consents to a longer period. Ex parte CPOs last only until the full hearing, typically in about 7–10 days. Temporary orders under Civ.R. 75(N) remain in place until further order of the court but can be revisited at an oral hearing.
V. Common scenarios (educational examples)
• Safety: Allegations of recent domestic violence prompting an ex parte CPO.
• Parenting disruption: A sudden threat to remove a child from school/community, prompting an emergency order to preserve the status quo until a hearing.
• Property preservation: A spouse moving assets or canceling insurance; a TRO may prevent dissipation pending a quick hearing.
VI. What an ex parte order is NOT
• It is not a shortcut to win the entire case. It is temporary and narrow.
• It is not automatic. Courts require sworn, specific evidence of urgency or danger.
• It is not permanent. Expect a prompt, follow‑up hearing with both parties present.
VII. After the ex parte order: What to expect next
Courts typically schedule a quick follow‑up. For TROs, the court will set a preliminary‑injunction or evidentiary hearing. For CPOs, the court holds a full hearing to decide whether to issue a long‑term order. For 75(N) orders, either party can request an oral hearing; local rules often explain timelines and procedures.
VIII. Key Evidence Courts Would Consider
• Communications, dates, and incidents (texts, emails, call logs, school records).
• Safe exchange/transportation plans if parenting-time changes are requested.
• Witnesses and documents for the follow‑up hearing.
• For property issues, account statements and policy information show risk of dissipation.
IX. Local‑rule nuances
Ohio counties publish local rules that add filing details, hearing scheduling practices, and affidavit requirements. Franklin, Delaware, Lucas, Wayne, and other counties offer public guidance on emergency and temporary orders. Always check the local court’s domestic‑relations or juvenile website for current procedures.
X. Talk to a lawyer about your options (educational note)
Because facts and relief differ across TROs, 75(N) orders, and CPOs—and timelines move quickly—it’s wise to speak with an Ohio family‑law attorney to understand next steps, deadlines, and what to bring to a hearing.
Contact Andrew Russ Law (Consultation)
If you have questions about emergency or temporary orders in an Ohio family matter, you can contact Andrew Russ Law in Columbus and Athens, Ohio. An initial conversation can help you understand the process and timelines. (This is general information, not legal advice.)
How Andrew Russ advocates for Ohio fathers
Clear strategy from day one: We map the custody/visitation path that fits your goals and facts.
Focused evidence development: We identify the proof that matters—and cut what doesn’t.
Negotiation + litigation readiness: Many cases resolve with strong parenting plans; we’re prepared to try your case when necessary.
Local insight: Familiarity with Ohio courts and procedures helps us move efficiently and effectively.
Call Now:
Ready to take the next step? Schedule a strategy session with Andrew Russ, Ohio Family Law Attorney. Call (614) 907-1296 or complete our quick online consultation form to get started. Evening and virtual appointments available.
Legal Sources on Parenting Issues:
Ohio allocation of parental rights & shared parenting (R.C. 3109.04). (Ohio Laws)
Parenting time statute and scheduling (R.C. 3109.051). (Ohio Laws)
Presumptions and establishment of paternity (R.C. 3111.03). (Ohio Laws)
Paternity acknowledgment routes (Ohio Centralized Paternity Registry). (ODJFS)
Child support worksheet and definitions (R.C. 3119.022; 3119.01). (Ohio Laws)
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Disclaimer: This article provides general information and is not legal advice. Legal outcomes vary by facts and jurisdiction. Consult an attorney about your specific situation.
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Disclaimer: The blog and articles provide general educational information, are not legal advice, and do not create an attorney/client relationship. Legal outcomes vary by facts and jurisdiction. Consult an attorney about your specific situation.
