2020 Ohio 2800
Ohio Ct. App.2020Background:
- Sallynda Dennison (petitioner) filed a domestic-violence civil protection order (CPO) under R.C. 3113.31 on Nov. 30, 2018; a temporary ex parte CPO issued and a full hearing was held April 17–19, 2019.
- Dennison alleged husband Allen Dennison committed menacing-by-stalking (R.C. 2903.211) via a pattern of conduct (living across the street, entering the house without permission, bringing his girlfriend into the neighborhood, "watching" the house, and appearing where she was) that knowingly caused mental distress.
- Dennison testified to therapy, increased medications, daily crying, sleep problems, and other symptoms she characterized as mental distress resulting from appellee’s conduct.
- Allen Dennison denied stalking or intent to cause distress, explained his presence as retrieving belongings, assisting with household/childcare tasks, legitimate concern for the daughter’s safety, and visits to Ohio for family reasons.
- The trial court weighed credibility, concluded petitioner failed to prove domestic violence by a preponderance, and denied the CPO; the Tenth District Court of Appeals affirmed and remanded only to correct a clerical citation error.
Issues:
| Issue | Plaintiff's Argument (Dennison) | Defendant's Argument (Dennison) | Held |
|---|---|---|---|
| Whether appellee engaged in a pattern of conduct constituting menacing by stalking (domestic violence) | Appellant: appellee’s repeated presence, uninvited entries, bringing his girlfriend into neighborhood, and surveillance caused mental distress and form a pattern | Appellee: conduct had innocent explanations (retrieving items, childcare/household assistance, concern for daughter); he did not knowingly seek to cause distress | Court: Insufficient evidence by a preponderance that appellee knowingly caused mental distress by a pattern of conduct; CPO denied and affirmed on appeal |
| Whether the trial court had found mental distress and nonetheless denied relief | Appellant: court’s oral remark about an "enormously traumatic experience" shows mental distress was established | Appellee/Court: oral remark ambiguous; formal entry controls and the entry shows petitioner failed to meet burden — even if distress existed, petitioner failed to show appellee knowingly caused it | Court: journal entry controls; petitioner did not prove required elements, so denial stands |
Key Cases Cited
- C.E. Morris Co. v. Foley Constr. Co., 54 Ohio St.2d 279 (1978) (standard for reviewing whether a trial court’s judgment is against the manifest weight of the evidence)
- Felton v. Felton, 79 Ohio St.3d 34 (1997) (petitioner must prove domestic violence by a preponderance of the evidence to obtain a CPO)
- Seasons Coal Co. v. Cleveland, 10 Ohio St.3d 77 (1984) (trial court’s opportunity to view witnesses and assess credibility warrants deference)
- State v. Jamison, 49 Ohio St.3d 182 (1990) (weight to be given evidence and credibility of witnesses are for the trier of fact)