Standard for Ex Parte Emergency Custody Order
Ohio Revised Code Section 3113.31(A)(1) defines domestic violence as the occurrence of one or more of the following acts against a household member: Attempting to cause or recklessly causing bodily injury; placing another person by the threat of force in fear of imminent serious physical harm, committing any act with respect to a child that would result in the child being an abused child, as defined in section 2151.031 of the Revised Code; or committing a sexually oriented offense.
You may be eligible for an Ex Parte Emergency Custody Order if your child is suffering or will suffer further injury or harm while in the care of their other parent or custodian. R. A. Parish Law, LLC can help you determine if your case rises to the level of an emergency.
Endangered Child
Under Section 2151.031(B) of the Ohio Revised Code, an abused child includes any child who is endangered as defined in section 2919.22 of the Revised Code. A person endangers a child under Section 2919.22(A) by creating a substantial risk to the health or safety of the child, by violating a duty of care, protection, or support. An emergency exists when a child is placed in fear of imminent serious physical harm by threat of force and/or if a child is endangered. Mere neglect which does not rise to the level of imminent serious physical harm does not meet the emergency standard.
Every case is different with each having its own set of circumstances. R. A. Parish Law, LLC can help you evaluate your case to determine if an emergency exists or if your client funds would be better spent on filing a complaint or motion in the general course. Your first 30 minute consultation is free. R. A. Parish Law, LLC guides clients with compassion, skill and creative solutions. We are ready to listen to you and educate you about the options for your case today. To schedule a No Cost, No Obligation 30-Minute Consultation call or text 614-407-0443 today.