2020 Ohio 400
Ohio Ct. App.2020Background:
- Mother petitioned for a Domestic Violence Civil Protection Order (DVCPO) on behalf of her minor children after one child displayed bruising that medical personnel ruled consistent with nonaccidental injury and appellant A.C.K. was criminally convicted of child endangering and assault.
- Municipal court convicted A.C.K. of endangering children and assault; it issued a no-contact order between A.C.K. and the child pending appeal and stayed sentencing.
- Mother obtained an ex parte DVCPO; after full hearings the magistrate granted a four-year DVCPO, which the trial court adopted on April 11, 2019.
- A.C.K. did not file written objections to the trial court’s adoption of the magistrate’s decision within the Civ.R. 65.1(F)(3)(d) time limits before filing her appeal.
- A.C.K. appealed the DVCPO, arguing the court should review under a plain-error standard because, she contended, there was no danger of future domestic violence.
- The appellate court dismissed the appeal without reaching merits, holding the appeal was jurisdictionally barred by Civ.R. 65.1(G) because objections were not timely filed.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the appellate court may review the DVCPO despite appellant's failure to file timely objections under Civ.R. 65.1(G) | Mother argued the DVCPO was warranted based on the prior abuse, threats, and risk to children | A.C.K. asked the court to apply plain-error review and contend there was no risk of future domestic violence | Appeal dismissed for lack of jurisdiction under Civ.R. 65.1(G); court declined to address merits |
Key Cases Cited
- No officially reported cases with Bluebook reporter citations were relied upon in the opinion; the court principally cited unpublished/appellate slip decisions and Civ.R. 65.1 to conclude that failure to timely file objections precludes appellate review.