A.D. v. B.D., 2017 Ohio 229

Siblings A.D. (Sister, petitioner) and B.D. (Brother, respondent) had a history of verbal altercations; the operative incident occurred at their mother’s home on September 7, 2015.
After a heated exchange in which Sister admits she attempted to hit Brother (Brother says Sister struck him), police were called; the report noted no primary aggressor.
Sister obtained an ex parte civil protection order (CPO); after a full hearing (both proceeded pro se) the magistrate issued a full CPO protecting Sister and her three children and forbidding Brother from possessing weapons or using alcohol/illegal drugs.
Brother appealed, arguing the evidence was insufficient to show he placed Sister or her children in danger of domestic violence under R.C. 3113.31; Sister did not file an appellee brief.
The Ninth District reversed: it found the record did not show (1) attempted/reckless bodily injury, (2) a threatening placement of Sister in reasonable fear of imminent serious physical harm, (3) menacing by stalking (pattern of conduct), or (4) mental distress requiring treatment or substantial incapacity; the court remanded for proceedings consistent with the opinion.

Issue	Plaintiff's Argument (Sister)	Defendant's Argument (Brother)	Held
Whether the evidence supported issuance of a domestic-violence CPO under R.C. 3113.31	Sister asserted Brother’s conduct and statements (e.g., calling her “good as dead”) and repeated verbal harassment placed her and her children in danger	Brother argued the record lacked proof of attempted/reckless physical injury, imminent-threats, a pattern of menacing conduct, or that Sister suffered qualifying mental distress	Reversed: insufficient evidence to show domestic violence as defined in R.C. 3113.31; CPO vacated
Whether the judgment was against the manifest weight of the evidence	Sister relied on testimony of ongoing harassment and the Labor Day altercation	Brother argued testimony and police report did not support findings; Sister was charged for disorderly conduct	Moot (court sustained first assignment of error and did not reach this)
Whether the court erred in forbidding weapons possession and alcohol/drug use in the CPO	Sister sought broad protective terms as necessary for safety	Brother argued the expanded prohibitions lacked evidentiary support	Moot (tied to outcome of sufficiency issue; court declined to decide)

Felton v. Felton, 79 Ohio St.3d 34 (1997) (establishes petitioner must prove by preponderance that petitioner or family/household members are in danger of domestic violence)
State v. Payne, 178 Ohio App.3d 617 (2008) (discusses "substantial incapacity" in the mental-distress definition)