Prater v. Mullins
2013 Ohio 3981
Ohio Ct. App.2013Background
- Heather filed a CSPO against Mullins on Dec 20, 2012; ex parte CSPO issued to Jan 20, 2013.
- Hearing held Jan 2, 2013; CSPO issued to Jan 2, 2017 covering Heather, Brian, D.P., and J.O.
- Nunc pro tunc CSPO issued Jan 4, 2013 adding a social-media prohibition.
- Mullins appealed arguing (a) 500-foot no-contact order, (b) four-year duration, (c) insufficient evidence.
- Trial court’s CSPO grant found to be based on a pattern of conduct; on review, court reversed due to lack of competent, credible evidence for all protected persons.
- Court remanded for further proceedings consistent with the opinion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the CSPO is supported for all protected persons | Prater argues Mullins engaged in a pattern of conduct against the protected persons | Mullins contends evidence fails to show a pattern affecting all those named | CSPO not supported; trial court abused discretion |
| Whether the 500-foot no-contact order was proper | Mullins argues the distance was excessive given the evidence | Prater supported by pattern of conduct; 500 feet justified | Moot; vacated by reversal and remand |
| Whether the four-year duration was proper | Mullins challenges four-year term as unsupported by credible evidence | Prater’s petition supported long duration based on pattern of conduct | Moot; not addressed due to overall reversal |
Key Cases Cited
- Retterer v. Little, 2012-Ohio-131 (3d Dist. Marion, 2012-Ohio-131) (abuse of discretion standard; pattern of conduct needed against all protected persons)
- Warnecke v. Whitaker, 2011-Ohio-5442 (3d Dist. Putnam, 2011-Ohio-5442) (evidence must show respondent would cause distress or harm)
- Luikart v. Shumate, 2003-Ohio-2130 (3d Dist. Marion, 2003-Ohio-2130) (protective order requires evidence against each protected person)
- Holloway v. Parker, 2013-Ohio-1940 (3d Dist. Marion, 2013-Ohio-1940) (insufficient evidence as to certain family members)
- Woodward v. Head, 2013-Ohio-1127 (1st Dist. Hamilton, 2013-Ohio-1127) (CSPO coverage depends on evidence for each person)