Lewis v. Jacobs, 2013 Ohio 3461

Lewis and Jacobs had a roughly five-year romantic relationship that ended in late 2011; Lewis alleged a history of violence during the relationship.
After the breakup, Lewis alleged a series of incidents (Nov 2011–Feb 2012): Jacobs lied about a co-worker, grabbed Lewis’s arm (leaving a bruise once), made gestures suggesting he would shoot her, and made verbal threats to "get" or "get revenge" on her.
Encounters included a Wal‑Mart interaction, an incident at a nightclub where Jacobs allegedly followed and called Lewis repeatedly, a church encounter where he gave a note, and Lewis’s receipt of unposed nude photos in an envelope that she believed Jacobs had taken and sent.
Jacobs disputed many facts (denied assaults, threats, and sending photos) and testified the breakup timing differed; credibility conflicts existed.
Lewis obtained an ex parte civil stalking protection order (CSPO); after hearing, the magistrate and trial court granted a CSPO lasting until April 1, 2014; Jacobs appealed claiming insufficient evidence.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether evidence proved "menacing by stalking" (R.C. 2903.211) by a preponderance	Lewis: multiple incidents over ~3 months constituted a pattern causing fear of serious harm or mental distress	Jacobs: no pattern of conduct shown; lacked proof he acted knowingly	Court: Affirmed — testimony supported a pattern of two or more closely related acts and knowing conduct; CSPO upheld

State v. Thompkins, 78 Ohio St.3d 380, 678 N.E.2d 541 (1997) (standard for reviewing legal sufficiency of evidence)
Middletown v. Jones, 167 Ohio App.3d 679, 856 N.E.2d 1003 (12th Dist. 2006) (courts must consider all of respondent’s actions when assessing pattern of conduct)
State v. Smith, 126 Ohio App.3d 193, 709 N.E.2d 1245 (7th Dist. 1998) (nonverbal acts can support reasonable belief of impending harm)
State v. DeHass, 10 Ohio St.2d 230, 227 N.E.2d 212 (1967) (credibility and weight of testimony are for the trier of fact)