Tuesday, May 03, 2011

Ohio Supreme Court rule addressing conflicting or competing orders

The Ohio Supreme Court has announced it will be accepting public comment until June 1 on a new rule designed to minimize the effects of "dueling protection orders" or conflicts between protection orders and orders granting parental rights and responsibilities.

New Rules 10.06 of Superintendence for the Courts of Ohio would advise courts on how to address conflicting or competing orders:



  • Part A of the rule directs courts to "make a reasonable effort to determine the existence and terms of any domestic violence civil protection orders, domestic violence temporary protection orders, and orders involving allocation of parental rights and responsibilities issued by other courts and involving the same parties." The rule leaves the method up to the courts but suggests using the Ohio Courts Network as one alternative.


  • Part B of the rule recommends that if courts become aware of another subsequent conflicting order consideration should be given to amending a previous order, if appropriate, "to allow or restrict contact between the defendant or respondent and the child or children of the defendant or respondent or other protected persons."




    • Text of Proposed Rule




      Those interested in commenting on the proposed rule should submit their views in writing to:



      Diana Ramos-Reardon, Domestic Violence Program Manager
      Supreme Court of Ohio
      65 S. Front St., Sixth Floor
      Columbus, OH 43215
      or via e-mail to diana.ramos-reardon@sc.ohio.gov





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