2018 Ohio 4062
Ohio Ct. App.2018Background
- Kristin and Jason McVean were divorcing in late 2017, living separately and sharing custody of minor children.
- On November 5, 2017, during a child exchange, Jason honked outside Kristin’s home, returned later, and an altercation occurred in which Kristin alleges Jason pushed her twice, got in her face, screamed, and tossed the children’s belongings onto the yard.
- A neighbor, Melissa Haller, witnessed part of the incident and testified Jason was towering over Kristin, pointing and screaming; she was sufficiently concerned to prepare to call 9-1-1.
- Kristin also described prior violent behavior by Jason (abuse of a family dog, property damage, and invasive monitoring/contacts) that contributed to her fear.
- Kristin obtained an ex parte domestic violence civil protection order (DVCPO); after a full hearing the magistrate granted the DVCPO, the trial court adopted that decision, and Jason appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the magistrate/trial court erred as contrary to law in finding Jason threatened force placing Kristin in fear of imminent serious physical harm | Kristin: testimony and corroboration show Jason’s push, aggressive screaming, and conduct placed her in reasonable fear of imminent serious physical harm | Jason: no expressed or implied threat of force occurred; conduct did not meet R.C. 3113.31(A)(1)(b) requirements | Court: No error on face of order; magistrate’s findings comport with statute when read as whole; adoption affirmed |
| Whether the trial court’s grant of a DVCPO was against the manifest weight of the evidence | Kristin: her and neighbor’s testimony provided competent, credible evidence of threat and reasonable fear given history | Jason: he disputed the events, denied pushing or threatening, and argued his testimony showed no basis for fear; magistrate erred in credibility findings | Court: Credible evidence supported all elements; magistrate’s credibility determinations entitled to deference; manifest weight challenge rejected |
Key Cases Cited
- Felton v. Felton, 79 Ohio St.3d 34 (1997) (petitioner must show by a preponderance that petitioner or family/household members are in danger of domestic violence to obtain a DVCPO)