continuance of the full hearing (Ohio) · Go Syfert
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continuance of the full hearing in Ohio

10 Ohio opinions name it 1 courts 2004–2026 4 in the last five years

The cases below were cited by Ohio courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
C.M.R. v. B.T.B.S.green
ohioctapp · 2023 · cited in 1 Ohio opinions naming this issue, 2026–2026
1 sentence

2026Compare C.M.R. v. B.T.B.S., 2023-Ohio-1973, ¶ 12 (8th Dist.) (“Where the granting of a continuance is necessary to allow a party a reasonable opportunity to obtain counsel or to otherwise prepare his or her case, the denial of a request for a continuance may violate a party’s right to due process.”).

11
R.H. v. J.H.green
ohioctapp · 2020 · cited in 1 Ohio opinions naming this issue, 2023–2023
1 sentence

2023R.H. v. J.H., 2020-Ohio-3402, ¶ 9-14 (trial court abused its discretion in denying respondent’s request for a continuance of the full hearing of a domestic violence civil protection order so that he could obtain counsel where, “[r]ather than engaging in any consideration of the particular circumstances and factors surrounding the request as set forth in Unger,” the magistrate denied the request based solely on a perceived need for expediency in the proceedings); cf. Slusser v. Klosterman, 3d Dist.

11
Rieger v. Riegergreen
ohioctapp · 2006 · cited in 1 Ohio opinions naming this issue, 2011–2011
2 sentences

2011See Rieger v. Rieger, 165 Ohio App.3d 454 , 2006-Ohio-482 , 847 N.E.2d 9, ¶ 9 .

2011See Rieger v. Rieger, 165 Ohio App.3d 454 , 2006-Ohio-482 , 847 N.E.2d 9, ¶ 9 .

11
State v. Finleygreen
ohioctapp · 2001 · cited in 1 Ohio opinions naming this issue, 2004–2004
1 sentence

2004See, e.g., State v. Finley, 146 Ohio App.3d 548 , 2001-Ohio-4347 (state did not show that civil protection order was issued in compliance with statute); State v. Franklin (June 22, 2001), Hamilton App. No. C-000544 (state failed to prove an essential element of the case because it failed to show compliance with statute the civil protection order was issued under). {¶ 21} R.C. 2903.214 (D)(2)(a) provides that "the court shall schedule a full hearing for a date that is within ten court days after the ex parte hearing. * * *. [T]he court may grant a continuance of the full hearing to a reasonable

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Ohio. Read the followed side critically anyway.

Also cited on this issue (8)

CaseCitedYears
Johnson v. Abdullah (Slip Opinion) green
ohio · 2021
1 sentence

2026Id.

12026–2026
State v. Taylor (Slip Opinion) green
ohio · 2020
2 sentences

2024R.C. 3113.31(D)(2)(a)(i) through (iv). {¶ 7} While questions of statutory interpretation are questions of law that we review de novo, see, e.g., State v. Taylor, 163 Ohio St.3d 508 , 2020-Ohio-6786, ¶ 15 , citing State v. Consilio, 114 Ohio St.3d 295 , 2007-Ohio-4163 , ¶ 8, a trial court’s determination whether to grant or deny a motion to continue is reviewed under an abuse of discretion analysis.

2024R.C. 3113.31(D)(2)(a)(i) through (iv). {¶ 7} While questions of statutory interpretation are questions of law that we review de novo, see, e.g., State v. Taylor, 163 Ohio St.3d 508 , 2020-Ohio-6786, ¶ 15 , citing State v. Consilio, 114 Ohio St.3d 295 , 2007-Ohio-4163 , ¶ 8, a trial court’s determination whether to grant or deny a motion to continue is reviewed under an abuse of discretion analysis.

12024–2024
State v. Consilio green
ohio · 2007
1 sentence

2024R.C. 3113.31(D)(2)(a)(i) through (iv). {¶ 7} While questions of statutory interpretation are questions of law that we review de novo, see, e.g., State v. Taylor, 163 Ohio St.3d 508 , 2020-Ohio-6786, ¶ 15 , citing State v. Consilio, 114 Ohio St.3d 295 , 2007-Ohio-4163 , ¶ 8, a trial court’s determination whether to grant or deny a motion to continue is reviewed under an abuse of discretion analysis.

12024–2024
Deacon v. Landers green
ohioctapp · 1990
2 sentences

2023Deacon v. Landers, 68 Ohio App.3d 26, 29-30 , 587 N.E.2d 395 (4th Dist.1990) (“[T]he opportunity to be heard and to defend oneself is required by R.C. 3113.31 before judgment of a protection order can be entered against a party to the action.”). {¶ 14} Under the following circumstances, a trial court “may” grant a continuance of the full hearing required under R.C. 3113.31: (1) the respondent has not been served with notice prior to the date of hearing; (2) the parties consent to a continuance; (3) the continuance is needed to allow a party to obtain counsel; or (4) the continuance is needed 7

2023Deacon v. Landers, 68 Ohio App.3d 26, 29-30 , 587 N.E.2d 395 (4th Dist.1990) (“[T]he opportunity to be heard and to defend oneself is required by R.C. 3113.31 before judgment of a protection order can be entered against a party to the action.”). {¶ 14} Under the following circumstances, a trial court “may” grant a continuance of the full hearing required under R.C. 3113.31: (1) the respondent has not been served with notice prior to the date of hearing; (2) the parties consent to a continuance; (3) the continuance is needed to allow a party to obtain counsel; or (4) the continuance is needed 7

12023–2023
Tupps v. Jansen green
ohioctapp · 2013
2 sentences

2016The full hearing must be held on the scheduled date unless the court grants a continuance of the full hearing “to a reasonable time determined by the court.” Id.

2016A continuance may be granted under the following circumstances: *** (ii) The parties consent to the continuance. (iii) The continuance is needed to allow a party to obtain counsel. (iv) The continuance is needed for other good cause -12- Case No. 17-15-19 Id. {¶29} First, Mary Pat argues that the trial court erred in continuing the full hearing to May 5, 2015 because a one-month continuance is not reasonable within the meaning of the statute.

12016–2016
Hartt v. Munobe green
ohio · 1993
2 sentences

2011Hartt v. Munobe (1993), 67 Ohio St.3d 3, 9 , 615 N.E.2d 617 .

2011Hartt v. Munobe (1993), 67 Ohio St.3d 3, 9 , 615 N.E.2d 617 .

12011–2011
Beachler v. Beachler, Unpublished Decision (3-19-2007) green
ohioctapp · 2007
1 sentence

2007Although the trial court continued the initial hearing date from July 27, 2006 to August 2, 2006, it did not continue the August 2, 2006 hearing for lack of service to a reasonable time determined by the court. {¶ 10} "In order to render a valid judgment, a court must have jurisdiction over the defendant in the action." Beachler v. Beachler , Preble App. No. CA2006-03-007, 2007-Ohio-1220 .

12007–2007
State v. Blaine, Unpublished Decision (3-12-2004) green
ohioctapp · 2004
1 sentence

2006R.C. 2903.214 (D)(2)(a)(i) through (iv). {¶ 10} We have interpreted R.C. 2903.214 "to mean that the legislature intended that the full hearing occur within ten days of the ex parte hearing or as soon thereafter as is reasonable." State v. Blaine , Highland App. No. 03CA9, 2004-Ohio-1241 , ¶ 21, appeal not allowed, 103 Ohio St.3d 1404 , 2004-Ohio-3980 .

12006–2006

Statutes the citing opinions construe

OH § Ohio Rev. Code § 3113.31 (5) OH § Ohio Rev. Code § 2903.214 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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