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New Civil Rule 65.1 Will Change Domestic Violence Practice

Ohio’s new Civil Rule 65.1 governing civil protection orders (CPO) for domestic violence victims will take effect on July 1, 2012. It reflects and incorporates nearly 2 years of work by the Supreme Court Advisory Committee on Domestic Violence and the Supreme Court Civil Rules Commission, including the participation of Mike Smalz of the Ohio Poverty Law Center, Alexandria Ruden of the Legal Aid Society of Cleveland,  and Robin Bozian of Southeastern Ohio Legal Services.

The new rule 65.1 addresses a number of problems that have arisen under existing domestic violence laws and Civil Rule 53 governing magistrates’ proceedings, including:

The adoption of the new Civil Rule 65.1 will greatly impact CPO practices and procedures in Ohio because an estimated 80% of CPO cases are heard by magistrates.

Among the highlights of Civil Rule 65.1 are:

The full text of new Civil Rule 65.1 can be accessed by clicking here.  Once on the Final Rule Amendments page of the Ohio Supreme Court website, select “Ohio Rules of Appellate Procedure, Ohio Rules of Civil Procedure, Ohio Rules of Criminal Procedure, Ohio Rules of Juvenile Procedure, and Ohio Rules of Evidence” – the correct selection has an effective date of July 1, 2012 (this link and the instructions take you to the full document describing several amendments to Ohio rules of court; rule 65.1 begins on page 43). We’ve also posted the text of the new Civil Rule 65.1 by itself on the Ohio Poverty Law Center website, here.

Any questions concerning the new Civil Rule 65.1 can be addressed to Mike Smalz of the Ohio Poverty Law Center at (614) 824-2502.

Categories: Domestic Violence, Family Law, Law JournalTags: , , ,

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