February 24, 2012
Court Adopts "Dueling" Orders Rule
The Supreme Court of Ohio adopted a new rule designed to ensure the prompt and unambiguous enforceability of protection orders or conflicts between protection orders and orders granting parental rights and responsibilities. The rule becomes effective on March 1.
New Rule 10.06 of the Rules of Superintendence for the Courts of Ohio advises courts on how to minimize the issuance of dueling protection orders or conflicts between protection orders and custody and visitation 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 (OCN) as one alternative.
Developed by the Supreme Court, the OCN serves as a centralized warehouse of case-related data, enabling courts and justice system partners to share information and to support functions such as criminal history reviews, warrant and protection order searches, pre-sentencing investigations, background checks, and pre-custody reviews. About half of Ohio’s local courts are connected to the OCN.
Part B of the rule recommends courts create “a procedure by which the court may revise its orders” when the court becomes aware of other conflicting orders.