Civil Protection Orders: Modification
Court may Modify DV CPO to Order Spousal Support: The Fifth District Court of Appeals ruled that the trial court could order modification of spousal support in a DV CPO when no spousal support was ordered initially in the civil protection order proceeding. In this case, the trial court had issued a temporary spousal support order upon petitioner’s motion to modify her CPO and transferred the temporary support order to the parties’ divorce action that had been recently filed by the husband. Although R.C. 3113.31 does not expressly provide for the modification of spousal support when no spousal support has been ordered initially in the protection order, it does not expressly prohibit a modification under those circumstances. Moreover, respondent was given notice and a full evidentiary hearing to contest petitioner’s request for spousal support. Schumaker v. Schumaker, 2010-Ohio-3490 (5th Dist., Licking, 7/26/2010).
