Allen v. Thompson
2017 Ohio 4234
| Ohio Ct. App. | 2017Background
- Appellee filed a petition for a civil stalking protection order under R.C. 2903.214 on behalf of herself and four minors; Thompson was incarcerated at filing.
- An ex parte protection order was issued and remained effective until March 13, 2016, with a full hearing scheduled for January 19, 2016 but continued due to Thompson's related criminal case.
- Hearing was rescheduled to April 12, 2016; ex parte order extended to May 13, 2016; Thompson was served with notice on January 20, 2016.
- A magistrate conducted a full hearing on April 12, 2016 in Thompson's absence; magistrate found in favor of appellee and recommended a protection order through January 13, 2021.
- The trial court adopted the magistrate’s findings on April 19, 2016, granting the protection order; Thompson timely appealed on May 13, 2016.
- Appellant asserts, on appeal, that the order was unjust due to his incarceration and allegedly biased testimony; no transcript was filed to review factual disputes.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether incarceration voids the hearing’s validity | Thompson | Thompson | Court upheld; no absolute right to attend civil hearing; decision affirmed due to lack of transcript for factual review. |
Key Cases Cited
- Gomez v. Kiner, 2012-Ohio-1019 (10th Dist. Franklin Nos. 11AP-767 & 11AP-768 (2012)) (appellate review limited without transcript)
- Kilroy v. B.H. Lakeshore Co., 111 Ohio App.3d 357 (8th Dist. 1996) (pro se litigants held to same standards)
- Henderson v. Henderson, 2013-Ohio-2820 (11th Dist. Geauga No. 2012-G-3118) (pro se latitude but not special treatment)
- Metzenbaum v. Gates, 2004-Ohio-2924 (11th Dist. Geauga No. 2003-G-2503) (pro se standard of review)