2021 Ohio 3619
Ohio Ct. App.2021Background
- Burke is the mother of a child whose father is Queen’s son; because of the father’s drug history Burke limited visits to supervised only.
- Despite repeated requests to stay away unless invited, Queen made multiple unannounced visits: December 2019; April 21, 2020 (knocked, entered, hugged child over Burke’s COVID concerns); April 27, 2020 (attempted to take the child on the child’s birthday); and September 1, 2020 (drove by, yelled to the child and made an obscene gesture visible to the child).
- Burke reported anxiety and physical symptoms after the encounters; the child exhibited behavioral regression and the pediatrician recommended counseling.
- Burke filed for a civil stalking protection order under R.C. 2903.214 on September 2, 2020; an ex parte CPO issued and, after a full hearing on September 30, 2020, the trial court entered a three‑year CPO restraining Queen from coming near Burke, her fiancé, or the child.
- Queen moved for judgment notwithstanding the verdict or, alternatively, a new trial; the trial court deemed JNOV inapplicable to a CPO case and denied a new hearing. Queen appealed.
- On appeal Queen argued (1) insufficient evidence she knowingly caused mental distress, (2) no pattern of conduct because the 2019 incident was too remote, and (3) the court improperly relied on incidents involving others; the appellate court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused its discretion in granting a CPO (sufficiency/manifest weight) | Burke: Queen knowingly caused mental distress by repeatedly showing up uninvited, arguing publicly, and causing the child harm; evidence shows a pattern. | Queen: Isolated/benign acts (leaving a gift, brief visits) could not have given rise to mental distress; 2019 incident is too remote; court relied on others’ conduct. | Affirmed. Court found competent, credible evidence Queen knowingly caused mental distress and engaged in a pattern of conduct; court did not rely on third‑party incidents for the pattern. |
Key Cases Cited
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (Ohio 1983) (defines abuse of discretion standard)
- C.E. Morris Co. v. Foley Constr. Co., 54 Ohio St.2d 279 (Ohio 1978) (judgment supported by some competent, credible evidence will not be reversed as against the manifest weight)
- Myers v. Garson, 66 Ohio St.3d 610 (Ohio 1993) (appellate court should not substitute its judgment where competent, credible evidence supports the trial court)
- Seasons Coal Co. v. City of Cleveland, 10 Ohio St.3d 77 (Ohio 1984) (trial judge best positioned to observe witness credibility)