Kranek v. Richards
2011 Ohio 6374
Ohio Ct. App.2011Background
- CSPO issued August 2010 against Richards for Christian and his family; CSPO based on two incidents within weeks; July 30, 2010 death-threat phone call and August 19, 2010 voicemail; Madison County juvenile court had custody jurisdiction over J.K., so CSPO should not cover J.K.; trial court stated J.K. would be removed from CSPO but judgment did not reflect this; Montgomery/Jefferson County judicial actions remanded for correction.
- Record shows prior violent conduct: ashtray throw leaving scar and handgun display during custody exchanges; additional threats toward Nicholette.
- CSPO permanent through August 3, 2014; appeal filed February 3, 2011; respondent- appellant Richards challenges portions of trial court’s findings and the inclusion of J.K. in CSPO.
- Appellee Christian and Nicholette are petitioners for protection for themselves and children; two incidents cited as pattern of conduct under R.C. 2903.211(D)(1).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether two incidents constitute a pattern of conduct for CSPO | Richards argues no pattern. | Kranek contends two incidents suffice. | Yes; two closely timed incidents establish pattern. |
| Whether custody/visitation issues were properly within the CSPO court’s authority | Richards contends court overstepped; J.K. jurisdiction with Madison County. | Kranek asserts court’s ruling valid within CSPO scope. | CSPO must not affect J.K.; remove J.K. from CSPO; remand for correction. |
| Whether the court erred in not dismissing J.K. from CSPO | Richards argues J.K. was under Madison County jurisdiction. | Kranek asserts sufficient procedure to include J.K. | Partial reversal; remove J.K. from CSPO. |
| Whether the trial court’s findings were against the manifest weight of the evidence | Richards challenges credibility of threats. | Kranek claims substantial evidence supports findings. | Record supports CSPO; weight not clearly against evidence. |
Key Cases Cited
- McCue v. Marlin, 187 Ohio App.3d 1 (2010-Ohio-1298) (jurisdiction limits of CSPO where another court governs parental rights)
- Couch v. Harrison, Note: provided in text (Feb. 12, 2001) (jurisdictional boundaries of CSPO vs. custody orders)
- Parker v. Jamison, 2003-Ohio-7295 (2003-Ohio-7295) (temporary allocation of parental rights in CSPO context)
- McKinley v. Kuhn, 4th Dist. No. 10CA5, 2011-Ohio-134 (2011-Ohio-134) (pattern of conduct requires two or more incidents)
- State v. Bone, 10th Dist. No. 05AP-565, 2006-Ohio-3809 (2006-Ohio-3809) (closely related in time depends on circumstances)
- Sims v. Dibler, 172 Ohio App.3d 486 (2007-Ohio-3035) (credibility of witnesses within weighing evidence)