2024 Ohio 774
Ohio Ct. App.2024Background
- Anna Lazor and Stephen Souders began talking on a dating app and later communicated via Facebook.
- Lazor, seeking safety, posted Souders’ photo in a private women's Facebook group, where multiple women reported negative experiences with him.
- Lazor blocked Souders on all platforms; Souders found her on Instagram (without being given her handle), and later used a fake Facebook profile to message her repeatedly, including after midnight, despite being blocked.
- Lazor testified to significant mental distress as a result, while Souders denied any intent to harm and said his communications were not threatening.
- Lazor successfully obtained an ex parte, then a full Civil Stalking Protection Order (CSPO); Souders appealed the order and associated firearm restriction.
- The trial court issued a 1-year CSPO with a firearm restriction; on appeal, the restriction was vacated, but the protection order was otherwise affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant’s Argument | Held |
|---|---|---|---|
| Issuance of CSPO (menacing by stalking) | Souders’ pattern of contact and use of fake account caused mental distress | Communications were innocent/well-being checks; no intent to cause harm | Sufficient evidence of knowing conduct & distress; CSPO affirmed |
| Mental distress requirement | Testimony and behavior showed actual mental distress | Claimed distress didn’t require medical treatment, thus not qualifying | Distress supported by testimony; no treatment required |
| Firearm restriction in CSPO | Sought restriction for safety | No nexus to conduct; not an intimate partner; no threat/use of weapons | No sufficient nexus or legal basis; restriction vacated |
| Timeliness/procedure & evidentiary errors | -- (Opposed appeal as untimely) | Procedures, service, and evidentiary rulings flawed | Appeal deemed timely; trial court procedure upheld except firearm restriction |
Key Cases Cited
- Clermont Cty. Transp. Improvement Dist. v. Gator Milford, L.L.C., 141 Ohio St.3d 542 (service by clerk triggers appeal period)
- Kostelnik v. Helper, 96 Ohio St.3d 1 (motions not expressly decided presumed overruled)
- Sheil v. Horton, 2018-Ohio-2355 (purpose of page limits in filings)
- In re S.C.T., 2005-Ohio-2498 (credibility determinations are for the trial court)
- Wallace v. Masten, 2003-Ohio-1081 (firearm restriction nexus required)