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Legal Information: Ohio

Custody

Laws current as of October 1, 2024

Can I get temporary custody with a domestic violence protection order? How long will it last?

If you get a domestic violence protection order against the other parent, the judge might include a temporary custody and parenting time order for your children. However, the judge can only do this if there is no custody and parenting time order already in place and no ongoing custody case.1

How long the temporary custody order lasts will depend on whether custody is later being decided in a divorce, separation, or juvenile court case.2

If… Then…
you get a new custody and parenting time order from another case… the temporary custody and parenting time order in your protection order will end when the new order is issued.2
you don’t get a new order from another case… the temporary custody and parenting time will last as long as your protection order remains in place.2

1 Ohio Rev. Code § 3113.31(E)(1)(d)
2 Ohio Rev. Code § 3113.31(E)(3)(b)

Can the judge order supervised visits for the abuser as part of my domestic violence protection order?

Supervised visits may be ordered as part of a domestic violence protection order if:

  • you already have a custody and parenting time order in place before getting the protection order; or
  • the judge gives temporary custody and parenting time to the abuser as part of your protection order.1

In some cases, the judge may require the public children’s services agency to supervise the abuser’s visits for up to nine months. This can happen if the judge believes your child could be in danger and no one else can supervise the visits.2 If the abuser has enough money, the judge will order him/her to pay the agency for the  costs of supervising the visits.3  

1 Ohio Rev. Code § 3113.31(E)(6)(a)
2 Ohio Rev. Code § 3113.31(E)(6)(a)(i)-(ii)
3 Ohio Rev. Code § 3113.31(E)(6)(b)