Background

• L.L.L. filed a Civil Sexually Oriented Offense Protection Order against Junies after an October 17, 2012 incident; ex parte order granted December 20, 2012.
• The Greene County Court of Common Pleas, Domestic Relations Division, held a hearing; the magistrate granted L.L.L.’s petition; Junies objected pro se.
• L.L.L. testified that Junies locked the apartment door, blocked her exit, coerced her, and engaged in non-consensual sexual intercourse despite her protests.
• Junies testified the sex was consensual and claimed he locked the door out of habit, not to trap L.L.L.; no criminal charges were filed.
• The petition was sustained by the magistrate; the trial court adopted the magistrate’s decision and issued a Civil Sexually Oriented Offense Protection Order.
• Junies appealed, asserting insufficient evidence to establish a sexually oriented offense; the appellate standard of review is de novo for the trial court’s adoption of a magistrate’s decision, and abuse of discretion for the appeal.

Issues

Key Cases Cited

• State v. Thompkins, 681 N.E.2d 1213 (Ohio 1997) (standard for sufficiency of evidence; legal sufficiency review)
• Lane v. Brewster, 2012-Ohio-1290 (Court of Appeals, 12th Dist. 2012) (sufficiency of evidence for protective orders review)
• Olenik v. Huff, 2003-Ohio-4621 (Ohio 2003) (preponderance of the evidence standard in review)
• Proctor v. Proctor, 48 Ohio App.3d 55 (Ohio App.3d 1988) (abuse of discretion standard in appellate review)
• AAAA Enterprises, Inc. v. River Place Community Urban Redevelopment Corp., 50 Ohio St.3d 157 (Ohio 1990) (abuse of discretion and standard of review in appellate context)
• Dayton v. Whiting, 110 Ohio App.3d 115 (Ohio 1996) (independent review of magistrate’s rulings; de novo standard)