Olson v. Olson
2016 Ohio 149
Ohio Ct. App.2016Background
- Kevin Olson (appellant) and Faith Olson (appellee) married since 1981; Kevin has chronic fatigue syndrome and bipolar disorder with episodic agitation when off medication.
- In June 2014 Kevin had a late-night confrontation with his son-in-law (no physical violence); Kevin said it resulted from failing to take medication.
- While Kevin was temporarily in Utah, Faith filed for divorce and a domestic violence civil protection order (DVCPO), cancelled his return flight, and sent his belongings back to him.
- At the December 10, 2014 hearing, testimony included: past yelling/outbursts (daughter and wife); two incidents of physical pushing (one 20 years ago, one within 6–7 years); Kevin’s admission he shot a BB gun at an interior wall (stopped ~1 year earlier); and concerns about loaded firearms in the home.
- The trial court granted a DVCPO through June 10, 2015, finding a pattern of behavior causing mental distress to family members. Kevin appealed, arguing lack of evidence of domestic violence.
- The Sixth District reversed, concluding the evidence did not show a ‘‘pattern of conduct’’ closely related in time sufficient to prove mental distress or fear of imminent physical harm by a preponderance of the evidence.
Issues
| Issue | Plaintiff's Argument (Faith) | Defendant's Argument (Kevin) | Held |
|---|---|---|---|
| Whether evidence showed domestic violence under R.C. 3113.31 (pattern of conduct or placing in fear) | Testimony of wife and daughter established fear and mental distress from repeated angry outbursts, firearms incidents, and prior pushes; thus a pattern causing mental distress | Isolated incidents (old pushes, a BB‑gun target practice stopped a year earlier, one nonviolent June 2014 confrontation) and generalized yelling do not constitute a ‘‘pattern of conduct’’ closely related in time causing fear or mental distress | Reversed: Insufficient evidence of a legally cognizable pattern of conduct; trial court abused its discretion in issuing the DVCPO |
Key Cases Cited
- Felton v. Felton, 79 Ohio St.3d 34, 679 N.E.2d 672 (Ohio 1997) (petitioner must prove danger of domestic violence by a preponderance of the evidence to obtain a civil protection order)
- Blakemore v. Blakemore, 5 Ohio St.3d 217, 450 N.E.2d 1140 (Ohio 1983) (definition of abuse of discretion standard on appeal)
- Deacon v. Landers, 68 Ohio App.3d 26, 587 N.E.2d 395 (Ohio Ct. App. 1990) (decision to grant/dismiss a civil protection order is within trial court discretion)
- Parrish v. Parrish, 146 Ohio App.3d 640, 767 N.E.2d 1182 (Ohio Ct. App. 2001) (appellate review of protective order limited to abuse of discretion standard)