Temporary Restraining & Civil Protection Orders

There are two (2) types of restraining orders that you can acquire in the Domestic Relations Court.

The first type of retraining order is referred to as a Temporary Restraining Order. A Temporary Restraining Order is issued in a divorce case to restrict behaviors of the parties and what they may do with their financial assets while the case is pending. Depending on the county in which you reside, there may be some basic restraining orders that will be issued automatically upon filing a complaint for divorce with the court or simply when requesting them. Some courts require signed affidavits and still other courts require hearings.

Temporary Restraining Orders are generally NOT ENFORCED by the police like a Civil Protection Order. In the event they are violated, you will have to petition the court to have the other party held in contempt for violating its orders. These basic restraining orders include anything from dissipating assets, selling property, alienating child(ren), removing the child(ren) from the jurisdiction of the court, disrupting visitation with the child(ren), etc..

As mentioned before, there are numerous types of restraining orders that can be issued by the court; it simply depends on the court in which your case is being heard. For example, Medina County will automatically issue restraining orders upon the filing of a case. Those restraining orders are mutual upon both parties. Lorain County will do the same thing but only upon the request of either of the parties. However, in Cuyahoga County you can request anywhere from 1 to 14 different restraining orders to be issued solely upon one party.

The second type of restraining order used is a Civil Protection Order (CPO). CPO’s are used when there is an incident of domestic violence. The particulars of this situation are outlined in detail in the Domestic Violence and Abuse section of this website.

Have questions about temporary restraining & civil protection orders during a divorce?
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