Emergency & Temporary Orders in Marion County, Ohio

Reviewed by Stephanie Green · Managing Partner & Co-Founder · Last updated June 17, 2026

Marion County, Ohio · Marion

While a divorce, legal separation, or annulment is pending, the Family Division can issue temporary orders that govern the family until the case ends — and in urgent situations it can act quickly. These are temporary orders inside an open case, not a separate lawsuit.

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

In a pending Domestic Relations case, file Marion Form E — Motion & Affidavit for Temporary Orders under Civ.R. 75(N), with a sworn affidavit of the facts and finances. The court can rule on the affidavits, and either party can request an oral hearing. To have a spouse ordered to leave the home, file a Motion to Vacate Premises (Local Rule 8); the court can act ex parte if the spouse has been absent 30+ days, with a hearing within 14 days. The automatic mutual TRO (Form J) already restrains both spouses from filing. For a domestic-violence emergency, a DVCPO (no filing fee, ex parte review by a Magistrate) is usually the better tool.

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 type	Who makes major decisions	Where the child lives	Best when
Shared parenting	Both parents jointly, under a written plan	Time is split per the plan (not always 50/50)	Parents can communicate and cooperate on decisions
Sole legal & residential	One parent	Primarily with that parent	One parent is unable or unwilling to co-parent
Split custody	Each parent for the child in their care	Siblings are divided between the two homes	Rare — only when it serves each child's best interest
Legal custody to a non-parent	The relative or caregiver granted custody	With the non-parent caregiver	Neither parent can safely care for the child

Where to File: Marion County Court of Common Pleas, Family Division

222 W. Center St.
Phone: (740) 223-4060
Hours: Monday–Friday 8:30 a.m.–4:30 p.m.
Website: www.co.marion.oh.us/elected_offices/common_pleas_court_family_division/index.php

Emergency or temporary orders fit if…

You have an open or new divorce, legal separation, or annulment and need interim parenting, support, or home orders.
You need a fast ruling on the affidavits while the full case proceeds.
Your spouse has left the home and you need exclusive use of the residence.
There is a risk to the children or to marital assets that cannot wait for a final hearing.
For domestic violence specifically, you may need a protection order instead of (or in addition to) temporary DR orders.

Filing Fees

Generally no separate deposit beyond the original case deposit · DVCPO has no filing fee · fee waiver available

Forms & Filing Packets

Temporary orders in a pending case — Generally no separate deposit beyond the original case deposit (see fees)

File Form E for Civ.R. 75(N) temporary custody, parenting time, support, or use of the home.

Motion & Affidavit for Temporary Orders (Marion Form E) — Marion's combined motion/affidavit for Civ.R. 75(N) temporary orders — temporary custody, parenting time, support, and exclusive use of the home while the case is pending. Tip: Attach current financial affidavits (Forms A and B). Either party may request an oral hearing to modify a temporary order.
Affidavit of Basic Information, Income & Expenses (Marion Form A / Affidavit 1) — Marion's version of Ohio Affidavit 1 — your income, expenses, and basic information. Each party files their own; it must be notarized.
Affidavit of Property & Debt (Marion Form B / Affidavit 2) — Marion's version of Ohio Affidavit 2 — lists every asset and debt. Required at filing.
Mutual Temporary Restraining Order (Marion Form J) — The automatic mutual TRO issued on filing for divorce, legal separation, or annulment (Rule 13). It restrains both spouses from dissipating assets, etc. — read it immediately.

How to File Emergency & Temporary Orders in Marion County

Open or identify the case. Temporary orders live inside an open divorce, legal separation, or annulment; file the case first if needed.
File Form E with affidavits. File the Motion & Affidavit for Temporary Orders (Form E) under Civ.R. 75(N) with current financial affidavits (Forms A and B).
Request an oral hearing if needed. Either party may ask for an oral hearing to set or modify the temporary order.
Use Rule 8 to address the home. File a Motion to Vacate Premises if you need a spouse ordered out; ex parte relief requires a 30+ day absence.
Consider a DVCPO for violence. For domestic violence, petition for a DVCPO for same/next-day ex parte review by a Magistrate.

Marion County Practice Notes

30-day absence unlocks an ex parte vacate order. Under Local Rule 8, the court can order a spouse to leave the home ex parte if that spouse has been absent 30+ days; otherwise it sets a hearing first. An ex parte vacate order triggers a hearing within 14 days.
Domestic-violence emergencies often belong in a DVCPO. True domestic-violence emergencies are usually better addressed through a DVCPO — no filing fee, immediate ex parte review by a Magistrate — rather than DR temporary orders.

Frequently Asked Questions

Can I get temporary custody and support while my Marion County case is pending?: Yes. File Marion Form E — Motion & Affidavit for Temporary Orders under Civ.R. 75(N). The court can rule on the affidavits, and either party may request an oral hearing to modify the temporary order. The automatic mutual TRO (Form J) is already in place from the moment of filing.
Can the court make my spouse move out of the home in Marion County?: Yes, through a Motion to Vacate Premises (Local Rule 8). The court can act ex parte if the spouse has been absent from the home for 30 or more days; otherwise it sets a hearing first. If an ex parte vacate order is granted, a hearing is held within 14 days to decide whether it continues.
What is the automatic restraining order when I file for divorce in Marion County?: On filing for divorce, legal separation, or annulment, Marion County automatically issues a mutual temporary restraining order (Form J) under Local Rule 13. It restrains both spouses from dissipating or hiding assets and from certain other conduct while the case is pending. Read it immediately — it binds you too.
How fast can I get a protection order in Marion County?: The court can issue an ex parte (emergency) order the same or next court day. In Marion County the ex parte protection-order petition is heard by a Magistrate within the R.C. 3113.31(D) time limits (Local Rule 6). A full hearing follows — typically within 7–10 court days of the ex parte order.

Free Local Resources in Marion County

Marion County Family Division — Court Forms. The Family Division of the Marion County Court of Common Pleas hears all divorce, dissolution, legal separation, annulment, custody, support, and protection-order matters at 222 W. Center St., Marion, OH 43302. Download the county lettered forms (Form A–N) and confirm current deposits before filing. Court (740) 223-4060; Clerk (740) 223-4070. Forms: https://www.co.marion.oh.us/elected_offices/common_pleas_court_family_division/family_court_forms/juvenile_domestic_forms.php
Marion County Child Support Enforcement Agency (CSEA). A division of Marion County Job & Family Services at 363 W. Fairground St., Marion, OH 43302. The CSEA establishes paternity and establishes, enforces, and collects child support; it cannot grant or change custody or parenting time. Call (740) 387-6688 or (800) 960-5437. Review & Adjust and other support help: https://mcjfs.com/child-support/
Divorcing/Separated Parent Education Program (Rule 12). Each parent in a case involving children completes a court-approved online parenting course within 60 days of the Form I notice and files the Certificate of Completion with the Family Court Clerk. Approved providers listed on Form I charge $38.00–$61.95, paid directly to the provider (not a court fee).
Ohio Child Support Guideline Calculator. The official statewide calculator that applies Ohio's 2024 Income Shares Model. Run it, print the worksheet, and file it any time the court sets or changes support: https://ohiochildsupportcalculator.ohio.gov/

Related to your emergency orders case

Paternity & Custody — Establish parentage and build a parenting plan that protects your children.
Grandparents' Rights — Seek visitation or custody when it serves the child's best interest.
Post-Decree Modification — Update custody, support, or parenting orders after your case ends.

Related guides

In-depth, attorney-written guides on emergency orders and related Ohio family law topics.

Emergency Custody in Ohio: When and How to Get an Ex Parte Order — When a child faces immediate danger, Ohio courts can grant emergency custody on short notice through an ex parte order. Here's what qualifies and what happens next.
Ohio Child Custody Laws: What Every Parent Should Know — Ohio custody law turns on one principle: the best interest of the child. This guide explains sole custody, shared parenting, the statutory factors, and how courts decide.
Civil Protection Orders in Ohio: How to Get a CPO — An Ohio civil protection order can provide fast, court-ordered protection from domestic violence — including no-contact terms, exclusive home use, and temporary custody. Here's how to get one.

Keep exploring

Ohio Emergency Custody guide — Statewide overview of emergency custody in Ohio.
Columbus family law — Local attorneys and courts serving the Columbus metro.
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