Caldwell v. Koehler, 2023 Ohio 4527

Lois Caldwell (petitioner) and Jennette Koehler (respondent) are neighbors in a rural area; Caldwell sought a civil stalking protection order due to Koehler's repeated threatening and harassing behavior.
Caldwell alleged that Koehler engaged in multiple episodes of screaming threats, insults, and obscenities at her, posted accusatory signs facing Caldwell's home, and made several direct death threats over several months.
Specific incidents included Koehler yelling threats such as "blow your fucking brains out" and "prayed every night you would die," particularly in May and August 2022.
The magistrate granted a protection order after a hearing where Caldwell was the sole witness; Koehler chose not to testify.
Koehler objected to the magistrate's decision, arguing insufficient evidence of a pattern of conduct or mental distress, and claimed judicial bias due to magistrate questioning Caldwell.
The trial court overruled Koehler's objections; this appeal followed.

Issue	Caldwell's Argument	Koehler's Argument	Held
Was there evidence of a pattern of conduct sufficient for a CPO?	Multiple discrete incidents, threats, harassment, both verbal and non-verbal evidence, all reasonably close in time.	No sufficient evidence of two or more required incidents closely related in time.	There were at least two sufficiently close incidents; evidence supports a pattern.
Did Koehler knowingly cause mental distress to Caldwell?	Koehler's statements and conduct were objectively distressing and threatening.	No evidence of actual mental distress or intent; Caldwell didn't seek immediate help.	Appellee presented credible evidence—Caldwell reasonably believed harm or mental distress.
Did magistrate's questioning show bias justifying reversal?	Magistrate acted to clarify facts, not as an advocate—within trial court's discretion.	Magistrate improperly assisted Caldwell by questioning, prejudicing Koehler.	No bias or prejudice; questioning was proper and impartial under civil rules.
Was the decision against the manifest weight of the evidence?	Evidence and testimony support magistrate/trial court findings.	Findings should be overturned as not supported by sufficient, competent evidence.	Judgment supported by competent, credible evidence and affirmed.

Blakemore v. Blakemore, 5 Ohio St.3d 217 (abuse of discretion standard for reviewing trial court protective order decisions)
C.E. Morris Co. v. Foley Constr. Co., 54 Ohio St.2d 279 (appellate courts defer to trial courts where supported by credible evidence)
State ex rel. Pratt v. Weygandt, 164 Ohio St. 463 (standard for showing judicial bias or prejudice for disqualification)
Seasons Coal Co. v. City of Cleveland, 10 Ohio St.3d 77 (deference to trial court's ability to assess witness credibility)