The Case for Ohio Restraining Orders
In Ohio, restraining orders are not available in dissolution proceedings but only in divorce, legal separation and annulment actions. Restraining orders have become somewhat “boilerplate” in as much as they are commonplace and routinely granted on an “ex parte” basis at the time the divorce action is filed. A “restraining order” is also executed by a Judge and issued by a Court restraining a party involved in a divorce proceeding from certain actions or activities during the divorce process. The general principle for restraining orders is to maintain the status quo of affairs at the time a divorce action is filed and to avoid “retaliatory” actions by a spouse.
Restraining orders can be obtained by either party without the necessity of an in-Court hearing or proceeding. This means that the restraining orders are “ex parte” in nature and are ordered without the other party being heard on the issue. The primary purpose of restraining orders is to prevent the loss or dissipation or transfer of marital assets before they can be identified, valued, and divided. Restraining orders can also be used to prevent abuse and/or
removal of children from the State of Ohio, except … Read More... “The Reasons for Utilizing Restraining Orders in Ohio Divorce Actions”
The topic of this Family Blog Article focuses upon what happens to the engagement ring in the event of a “broken engagement”. Most of the cases which are cited below provide the following information to the reader: An engagement ring is a conditional gift given in contemplation of marriage; and, therefore, an engagement ring is not an absolute gift.
On July 1, 2011, the Domestic Relations Court of Montgomery County, Ohio adopted a “new” and “revised” Standard Order of Parenting Time, previously known as the Standard Order of Visitation. Over the years, our elected officials in Columbus, Ohio have chosen to “rename” terms frequently used in the Domestic Relations Court. The phrase “parenting time” replaces the older word of “visitation”, and, the term “parental rights and responsibilities” replaces the older word of “custody”. It should be noted that with each change in legislation, the older or former terms have been replaced with longer names or phrases!
After years of intense pressure from the United States government and governments of the European Union, the government of Japan recently announced its intention to join the Hague Convention relative to child custody. At the present time, Japan is the only major industrialized country that has not signed the treaty. And, Japan is the only member of the Group of Seven (G-7) leading nations which is not a party to the treaty. The G-7 countries which have adopted the Hague Convention are France, Germany, Italy, the United Kingdom, Canada, and the United States.
In order to terminate a marriage in the State of Ohio via a divorce proceeding, the party seeking to terminate the marriage must meet certain requirements as to residence of the parties. By law, if a party is seeking a divorce from the other party in Ohio, one of the parties must have been a resident of the State of Ohio for more than six (6) months and a resident of a particular County for more than ninety (90) days preceding the filing of the Complaint for Divorce. By contrast, if the parties in a marriage seek to terminate their marriage by a dissolution proceeding, one of the parties must have been a resident of the State of Ohio for more than six (6) months before filing their Petition for Dissolution of Marriage. By statute, Ohio Revised Code (“ORC”) Section 3105.62 reflects the following language:
How many times have we heard those comments and criticisms from our clients and their family members? In many of my initial interviews with potential clients and their family members, I get the distinct impression that they believe the errant Husbands should be “tarred and feathered,” put in stocks in the village square so that raw eggs and tomatoes could be thrown at them, or sentenced to hard labor in a coal mine in Siberia! I try to gently break the news that those things are not going to happen in the State of Ohio.
On December 13, 2010, I had the opportunity to visit and tour Erma’s House, a Family Visitation Center, located at 1046 Brown Street, Dayton, Ohio. I had the privilege to meet with Peggy Seboldt, Director of Erma’s House, and Shannon Wahrhaftig, Co-Program Coordinator. During the meeting and tour of the facility, it was so very apparent to me that both employees are totally dedicated to the mission of the Visitation Center and that both are committed to their work at the Center.