Emergency & Temporary Orders in Geauga County

Reviewed by Stephanie Green · Managing Partner & Co-Founder · Last updated June 11, 2026

Geauga County, Ohio · Chardon

While a divorce, legal separation, or annulment is pending, either spouse can ask the General Division for temporary orders on custody, parenting time, and support. In a true emergency, a written motion with an affidavit showing irreparable harm can support an ex parte order, with a hearing set within 28 days.

How do I get an emergency or temporary custody order in Geauga County, Ohio?

In a pending General Division case, request temporary orders for custody, parenting time, child support, spousal support, and health insurance by motion supported by affidavit (Civ.R. 75(N); Local Rule 11(B)); the court may rule without an oral hearing under Civ.R. 75(B), effective on the filing date. For a true emergency, file a written ex parte motion with an affidavit stating, with specificity, facts showing irreparable harm and exigent circumstances (Local Rule 11(B)(2)); if the order is granted or denied, a hearing is set within 28 days. For abuse or neglect by a caregiver, Geauga County Children Services can intervene through the Juvenile Court, (440) 285-9141 (after-hours COPE line (440) 285-5665).

Ohio Custody by the Numbers

  • Best interest The single standard that governs every Ohio custody decision Source: Ohio Revised Code § 3109.04
  • No set age There is no age a child can choose a parent — the judge weighs a mature child's wishes Source: Ohio Revised Code § 3109.04(B)
  • Change in circumstances Required, plus a best-interest finding, before the residential parent can be changed Source: Ohio Revised Code § 3109.04(E)(1)
  • Shared parenting Either parent may ask the court for a joint parenting plan Source: Ohio Revised Code § 3109.04(G)

Compare Types of Custody in Ohio

Custody typeWho makes major decisionsWhere the child livesBest when
Shared parentingBoth parents jointly, under a written planTime is split per the plan (not always 50/50)Parents can communicate and cooperate on decisions
Sole legal & residentialOne parentPrimarily with that parentOne parent is unable or unwilling to co-parent
Split custodyEach parent for the child in their careSiblings are divided between the two homesRare — only when it serves each child's best interest
Legal custody to a non-parentThe relative or caregiver granted custodyWith the non-parent caregiverNeither parent can safely care for the child

Where to File: Geauga County Court of Common Pleas, General Division (Domestic Relations)

100 Short Court Street, Chardon, OH 44024
Phone: (440) 279-1960
Hours: Monday–Friday, 8:00 a.m.–4:30 p.m. (closed legal holidays)
Website: courts.geauga.oh.gov/general-division/domestic-relations/

Juvenile Branch (Never-Married Parents)

Geauga County Court of Common Pleas, Probate & Juvenile Divisions
Courthouse Annex, 231 Main Street, 2nd Floor, Chardon, OH 44024
Phone: (440) 226-4446
Hours: Monday–Friday, 8:00 a.m.–4:30 p.m. (closed legal holidays)

Emergency Custody is the right path if…

  • You have a divorce, legal separation, or annulment pending (or are filing one).
  • You need temporary custody, parenting time, or support while the case proceeds.
  • A child faces an immediate risk that requires an emergency order.
  • You can provide a sworn affidavit setting out specific facts.

Filing Fees

Temporary and emergency motions are filed in the pending General Division case · for safety emergencies involving violence, an adult DVCPO has no filing fee · confirm current amounts with the Clerk at (440) 279-1960

Forms & Filing Packets

Temporary orders during a pending case

Request temporary custody, parenting time, child support, spousal support, or a health-insurance order by motion supported by affidavit; the court can rule without an oral hearing, effective on the filing date.

Emergency ex parte order

File a written ex parte motion with an affidavit stating specific facts showing irreparable harm and exigent circumstances; a hearing follows within 28 days if the order is granted or denied (Local Rule 11(B)(2)).

How to File Emergency Custody in Geauga County

  1. Confirm there's a pending case. Temporary orders are requested inside a pending divorce, legal separation, or annulment in the General Division.
  2. Prepare the motion and affidavit. Use a Motion for Temporary Orders with Affidavit 1 (Income & Expenses) and, with children, Affidavit 3; for an emergency, state specific facts showing irreparable harm.
  3. File with the court. File in the pending case; the court may rule without an oral hearing under Civ.R. 75(B), and temporary orders take effect on the filing date.
  4. Attend the follow-up hearing. If an ex parte order is granted or denied, a hearing is set within 28 days on request; for caregiver abuse or neglect, contact Geauga County Children Services, (440) 285-9141.

Geauga County Practice Notes

  • Temporary orders under Civ.R. 75(N). Request temporary custody, parenting time, child support, spousal support, or a health-insurance order by motion supported by affidavit (Civ.R. 75(N); Local Rule 11(B)). The court may rule without an oral hearing under Civ.R. 75(B), and the orders take effect on the filing date unless the court orders otherwise.
  • Emergency ex parte requires irreparable harm. An ex parte request must be a written motion with a supporting affidavit stating, with specificity, facts showing irreparable harm and exigent circumstances (Local Rule 11(B)(2)). If granted or denied, the court sets a hearing within 28 days on request. Abuse of the ex parte procedure can lead to sanctions.
  • Automatic mutual restraining order on filing. When a divorce complaint is filed, the court may automatically issue a standard mutual restraining order as to the parties' conduct and assets; the Clerk serves it on both parties along with the mandatory-disclosure rule (Local Rule 11(B)(1)). It is separate from a domestic-violence protection order.
  • No separate Domestic Relations court. Divorce, dissolution, legal separation, and annulment are heard by the General Division of the Geauga County Court of Common Pleas — there is no separate Domestic Relations division. Judges Carolyn J. Paschke and Matthew Rambo preside, with Magistrates Lee, Powell, and Starrett hearing many domestic matters. File through the Clerk of Courts, Sheila M. Bevington, 100 Short Court Street, Chardon, (440) 279-1960.

Frequently Asked Questions

Can I get temporary custody and support while my Geauga County divorce is pending?
Yes. Under Civ.R. 75(N) and Local Rule 11(B), either spouse can request temporary orders for custody, parenting time, child support, spousal support, and a health-insurance order by motion supported by affidavit. The court may rule without an oral hearing under Civ.R. 75(B), and temporary orders take effect on the filing date unless the court orders otherwise.
How fast can I get an emergency order in Geauga County?
An emergency ex parte order requires a written motion with a supporting affidavit stating, with specificity, facts showing irreparable harm and exigent circumstances (Local Rule 11(B)(2); Civ.R. 75(N)). If the request is granted or denied, the court sets a hearing within 28 days on either party's request. Abuse of the ex parte procedure can lead to sanctions.
Is there an automatic restraining order in a Geauga County divorce?
Yes. When a divorce complaint is filed, the court may automatically issue a standard mutual restraining order as to the parties' conduct and assets; the Clerk serves it on both parties along with the mandatory-disclosure rule (Local Rule 11(B)(1)). This is different from a domestic-violence protection order, which is a separate filing.
How do I get a protection order in Geauga County, and is there a fee?
An adult domestic-violence civil protection order (R.C. 3113.31) is filed in the General Division through the Clerk of Courts (440) 279-1960. There is no filing fee, and an emergency ex parte order can issue the same day, followed by a full hearing — often within about 7 to 10 days — for an order that can last up to five years. If the respondent is not a family or household member, use a civil stalking protection order. In an emergency, call 911.

Free Local Resources in Geauga County

  • Geauga County Clerk of Courts (files Common Pleas / Domestic Relations cases). 100 Short Court Street, Chardon, OH 44024; (440) 279-1960. Clerk Sheila M. Bevington files all divorce, dissolution, legal separation, and annulment cases, posts the filing-fee schedule, and confirms current deposits. Geauga uses mandatory e-filing for Common Pleas cases, with payment by PayPal checkout (guest checkout available). Forms: https://courts.geauga.oh.gov/forms/.
  • Geauga County Probate & Juvenile Court. Courthouse Annex, 231 Main Street, 2nd Floor, Chardon, OH 44024; (440) 226-4446 (https://geaugapjcourt.org/). The combined Probate & Juvenile Court (Judge Timothy J. Grendell) hears unmarried-parent parentage, custody, support, and parenting-time cases. Self-represented filers can use the Juvenile Help Center: https://geaugapjcourt.org/help-center/.
  • Geauga County Child Support Enforcement (GCCSED). Housed at Geauga County Job & Family Services, 12611 Ravenwood Drive, Chardon, OH 44024; (440) 285-9141 (https://www.geaugajfs.org/). The county IV-D agency establishes, calculates, collects, and enforces child support. Support payments are processed through Ohio Child Support Payment Central (CSPC), not the local court (Local Rule 8(C)).
  • Geauga County CASA / Court Appointed Special Advocates. https://www.geaugacountycasa.org/. Trained volunteer advocates appointed in abuse, neglect, and dependency cases to represent the child's best interest. The Probate & Juvenile Court may also appoint a Guardian ad Litem in contested custody matters.
  • General Division Mediation Program. Mediation Coordinator (440) 279-1996. The General Division offers mediation to help divorcing and post-decree parents resolve parenting and property disputes without a contested hearing. Ask the Court or your attorney whether your case qualifies.

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