C.A.P. v. M.D.P.
2021 Ohio 3030
Ohio Ct. App.2021Background
- Marriage dissolved Sept. 2018; parties share custody of child A.P. (12 at hearing).
- History of domestic violence: A.P. testified Respondent strangled her in 2017 and Respondent told Petitioner in 2018 he would “snap [A.P.’s] neck.”
- April 2019 incident: while Petitioner was in Florida and A.P. with Respondent, Respondent threatened suicide, texted a suicide note, withheld A.P.’s medication, and would not let A.P. leave the house; Petitioner blocked his calls after ~150 calls.
- Petitioner obtained an ex parte DVCPO in June 2019; full hearing held Oct. 16, 2019; magistrate granted a DVCPO through Oct. 15, 2024.
- Respondent objected, arguing insufficient evidence of an act placing another in fear of imminent serious physical harm; trial court overruled objections July 10, 2020 and ordered DVCPO remain in full force; Respondent appealed.
- Multiple witnesses (A.P., Petitioner, a counselor, and Petitioner’s sister) corroborated A.P.’s fear, PTSD, and prior choking; Respondent’s own texts and admissions were in evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence supports a finding of domestic violence under R.C. 3113.31(A)(1)(a) | DVCPO proper based on menacing by stalking (pattern causing mental distress) and child abuse (mental injury to A.P.) | No evidence of an act placing anyone in fear of imminent serious physical harm; insufficient to support DVCPO | Court affirmed: menacing by stalking and child-abuse grounds supported the DVCPO; menacing does not require a threat of physical force |
| Whether trial court abused its discretion in overruling objections to the magistrate and upholding the DVCPO | Findings supported by credible evidence (testimony, counselor corroboration, respondent’s texts) | Trial court erred; evidence insufficient and magistrate’s order should be vacated | No abuse of discretion; court’s factual findings supported by overwhelming evidence; DVCPO remains in full force |
Key Cases Cited
- Felton v. Felton, 79 Ohio St.3d 34, 649 N.E.2d 672 (1997) (trial court must find by a preponderance that petitioner or household members are in danger of domestic violence when granting protection order)
- Abuhamda-Sliman v. Sliman, 161 Ohio App.3d 541, 831 N.E.2d 453 (2005) (appellate review asks whether sufficient credible evidence supports finding that respondent engaged in acts or threats of domestic violence)