May 6, 2011
Seeking Public Comment on 'Dueling' Orders Rule
The Supreme Court of Ohio will accept 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 Rule 10.06 of the Rules 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.”