Ferguson v. Ferguson, 2021 Ohio 297

Parties married in 2016; on October 10, 2019 a deputy responded to a domestic dispute at their home and appellant Shawn Ferguson was arrested and charged with domestic violence. Appellee Angelea Ferguson filed an ex parte Domestic Violence Civil Protection Order (CPO) the same day.
Appellee alleged a history of appellant throwing objects, blocking exits, grabbing her when she tried to leave, and an October 10 incident in which appellant tried to take their 2½‑year‑old, leaving abrasions on the child’s lower back.
Appellant admitted throwing items and blocking a doorway to keep the child from leaving, but denied striking or threatening appellee and maintained he did not intend to harm the child; he also disputed timing/causation of the child’s marks.
A final hearing was held June 2, 2020; the trial court ordered each party to submit proposed findings and, after modifying the ex parte order to remove the child as a protected party, entered a five‑year CPO on June 18, 2020.
Appellant appealed, arguing appellee failed to prove by a preponderance that domestic violence occurred or that she was in imminent danger when the petition was filed; the appellate court reviewed for abuse of discretion and deference to the trial court’s credibility findings.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether appellee proved by a preponderance that appellant engaged in domestic violence or placed her in reasonable fear of imminent serious physical harm under R.C. 3113.31	Appellee argued her fear was reasonable based on a pattern of throwing items, grabbing/blocking her when she tried to leave, the October 10 struggle over the child that produced abrasions, and a post‑incident confrontation	Appellant argued he never struck or threatened appellee, the child’s marks predated the incident, his actions were not meant to injure, and the CPO was sought to gain advantage in divorce; insufficient evidence of domestic violence at filing	Court affirmed: trial court’s credibility determinations were supported by competent, credible evidence; appellee showed a reasonable fear and CPO was proper (no abuse of discretion)

Felton v. Felton, 79 Ohio St.3d 34, 679 N.E.2d 672 (1997) (petitioner must prove domestic violence by a preponderance to obtain a CPO)
State v. Awan, 22 Ohio St.3d 120, 489 N.E.2d 277 (1986) (credibility determinations rest with the factfinder)
Blakemore v. Blakemore, 5 Ohio St.3d 217, 450 N.E.2d 1140 (1983) (abuse‑of‑discretion standard for appellate review)
Seasons Coal Co. v. Cleveland, 10 Ohio St.3d 77, 461 N.E.2d 1273 (1984) (trial court is in a superior position to observe witnesses)
Masitto v. Masitto, 22 Ohio St.3d 63, 488 N.E.2d 857 (1986) (judgment supported by competent, credible evidence will not be disturbed)
State v. Caldwell, 79 Ohio App.3d 667, 607 N.E.2d 1096 (1992) (finder of fact may credit all, part, or none of testimony)
Eichenberger v. Eichenberger, 82 Ohio App.3d 809, 613 N.E.2d 678 (1992) (history between parties relevant to reasonableness of fear)
Solomon v. Solomon, 157 Ohio App.3d 807 (2004) (past abuse relevant but must be competent evidence of present fear)