Family Law

Lingo You Might Not Know From the Divorce World

By Robert L. Mues

If you find yourself involved in a divorce, custody case or other family law litigation you may run across some unfamiliar terms. Here are some common ones with a short definition:

AFFIDAVIT - Information provided under oath.  Often times pertaining to current finances, debts and assets.

BAILIFF - The judge?s assistant who helps with the court docket and often oversees the decorum in the courtroom.

CONTEMPT - An action requesting the court to punish a person for violating a prior Court order.

CONTINUANCE - A delay or postponement of a scheduled court appearance.

CPO - A “civil protection order”. An order which can be issued by the court in a domestic violence proceeding requiring a person to vacate a home and cease all contact/communication.

DEPOSITION - A form of discovery where opposing counsel gets to ask questions orally to a party or witness under oath in the presence of a court reporter before trial.

DISCOVERY - The early phase of a case where each side requests information relevant to the issues at hand. This phase may include depositions, interrogatories, production of document requests, and requests for admissions.

DV - Short for a “Domestic Violence” action.

GAL - Short for “Guardian Ad Litem”. Typically, an advocate/attorney for a child. Please click here for links to several articles on GAL’s on this blog.

GUIDELINES - Short for “child support guidelines.” Calculations made based on a statutory formula with many variables, which presents a starting point for child support determinations.

IN CAMERA - A private interview between the Judge/Magistrate and typically a child without the parents or lawyers in the room.

INTERROGATORIES - Part of the discovery phase where written questions are submitted to the opposing party for response.

MAGISTRATE - A lawyer appointed by the Judge to hear cases and make recommendations of the findings of the facts and the outcome. Virtually, the same power as the judge.

PRO SE - A party who is not represented by a lawyer is acting Pro Se.

QDRO - Short for a “Qualified Domestic Relations Order”. This is a specially drafted Court order with many technical nuances dividing a person’s retirement account.

RESTRAINING ORDER - An optional order that is typically issued at the start of a divorce proceeding to maintain the current status, avoid harassment, prohibit disposal of assets and to prohibit retaliation for the filing of the action.

Full post as published by Ohio Family Law Blog on August 15, 2008 (boomark / email).