In re C.B.
2017 Ohio 4413
| Ohio Ct. App. | 2017Background
- Mother (C.L.) filed a petition for a Civil Protection Order (CPO) on January 26, 2017, on behalf of herself and her son, C.B., against the father (T.B.).
- The trial court denied the ex parte CPO but scheduled a full hearing; a magistrate conducted a hearing on February 10, 2017.
- On February 14, 2017, the magistrate found mother had not proven by a preponderance of the evidence that father committed domestic violence or related offenses and denied the petition; the trial court adopted the magistrate’s decision the same day.
- Mother appealed on February 23, 2017, raising lengthy assignments of error alleging improper custody/visitation rulings, falsified documents/perjury, and error in favoring father.
- The record on appeal did not include the transcript of the February 10 evidentiary hearing; mother failed to provide an adequate record to support review of the trial court’s ruling.
- The appellate court affirmed, applying the presumption of regularity when portions of the record necessary for review are missing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a CPO should have been granted | C.L. argued facts justified a CPO for her and her son | T.B. did not file a brief; trial court/magistrate found petitioner failed to prove the allegations | Denied: magistrate found insufficient evidence and petition was denied; judgment adopted by trial court |
| Whether prior custody/visitation orders were erroneous | C.L. contended prior custody award to T.B. and limited visitation were wrongful | Court relied on record below (and orders) as to custody matters | Appellate court could not review due to incomplete record; assignments overruled |
| Allegations of falsified documents and perjury | C.L. alleged court documents were falsified and perjured testimony influenced outcome | No appellee brief; trial court record adopted magistrate findings | Court declined to review these claims because necessary portions of the record (hearing transcript) were omitted; presumed regularity of proceedings |
Key Cases Cited
- Knapp v. Edwards Laboratories, 61 Ohio St.2d 197 (1980) (appellant must identify errors in the record and bear burden to provide an adequate record for appellate review)
- Ham v. Park, 110 Ohio App.3d 803 (1996) (appellant must ensure the reviewing court has all materials necessary to review trial court determinations)