2016 Ohio 4862
Ohio Ct. App.2016Background
- Erica Corrao filed a R.C. 3113.31 petition (May 15, 2014) seeking a domestic violence civil protection order against her then-husband, Antonio Corrao, III, and originally their two minor children.
- Alleged March 27, 2014 incident: Erica testified Antonio grabbed her neck, choked her, banged her head against a wall in front of their youngest child, and later forced unwanted sexual activity; Antonio moved out shortly after but returned in May 2014.
- An ex parte protection order was entered at the initial hearing and later modified to remove the children; Antonio moved to vacate and a full hearing was held July 20–21, 2015.
- At the full hearing, the parties presented sharply conflicting accounts: Erica described an assault and coerced sex; Antonio said Erica attacked him after he discovered sexting and denied forcible sex.
- The trial court found both parties lacked candor and that Erica failed to prove by a preponderance of the evidence that Antonio committed domestic violence or that she was in danger of imminent serious physical harm; it vacated the temporary order.
- The court of appeals affirmed, deferring to trial-court credibility findings and concluding the record contained competent, credible evidence supporting denial of the protection order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a domestic violence protection order should be continued/extended after a full hearing | Corrao argued the March 2014 incident and prior history showed Antonio committed domestic violence and she remained in fear of imminent serious physical harm | Antonio argued the events were mischaracterized, that Erica initiated/attacked him, denied forced sex, and there was no ongoing threat after he left the home | Court held Erica failed to prove by a preponderance that domestic violence occurred or that she was in danger; denial of protection order affirmed |
Key Cases Cited
- State v. Thompkins, 78 Ohio St.3d 380 (1997) (discusses weight of the evidence standard)
- Eastley v. Volkman, 132 Ohio St.3d 328 (2012) (standard for manifest-weight review in civil context)
- Seasons Coal Co. v. Cleveland, 10 Ohio St.3d 77 (1984) (deference to trial court credibility findings)
- Abuhamda-Sliman v. Sliman, 161 Ohio App.3d 541 (2005) (addresses review standards for protection-order determinations)