Johnson v. Komisarek
2017 Ohio 2580
| Ohio Ct. App. | 2017Background
- Appellee Sarah Johnson filed a petition for a domestic violence civil protection order against Gregory Komisarek after an argument in his garage following a period of heavy drinking and a recent separation.
- Johnson testified that Komisarek pulled out a gun, pointed it at his chest, forced her to hold it, and it rotated to point at her; she said she felt hazy from fear (not alcohol).
- Johnson left the garage, called B.H. out of fear; Komisarek grabbed her phone and smashed it with a sledgehammer.
- Komisarek pushed Johnson into a toolbox when she attempted to push over his motorcycle, causing bruising to her elbow and forearm.
- A magistrate granted the protection order after a hearing at which Johnson, B.H., and Johnson’s mother testified; the trial court adopted the magistrate’s decision and issued a five-year domestic violence civil protection order.
- Komisarek appealed, arguing the trial court erred in finding domestic violence by a preponderance of the evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether appellee proved she was in danger of domestic violence by a preponderance of the evidence | Johnson argued Komisarek’s actions (brandishing a firearm, forcing her to hold it, smashing her phone, physical push) constituted a pattern causing mental distress and fear of physical harm under R.C. 2903.211(A)(1) | Komisarek challenged Johnson’s credibility (memory hazy) and claimed his push was a property-defense to protect his motorcycle | Court affirmed: credible evidence (gun, phone smashing, push) supported finding of domestic violence; trial court did not abuse its discretion |
Key Cases Cited
- Felton v. Felton, 79 Ohio St.3d 34, 679 N.E.2d 672 (1997) (petitioner must prove danger of domestic violence by a preponderance of the evidence)
- Blakemore v. Blakemore, 5 Ohio St.3d 217, 450 N.E.2d 1140 (1983) (definition of abuse of discretion)
- Deacon v. Landers, 68 Ohio App.3d 26, 587 N.E.2d 395 (4th Dist. 1990) (trial court’s discretion in civil protection order determinations)
- Parrish v. Parrish, 146 Ohio App.3d 640, 767 N.E.2d 1182 (4th Dist. 2000) (standard for appellate review of civil protection order decisions)