Singhaus v. Zumber, 2015 Ohio 4755

Angela Singhaus (mother) sought a domestic-violence civil protection order (DVCPO) on behalf of her two minor children against their father, Adrian Zumbar, after an incident on January 3, 2015.
The parties share parenting under a 2009 divorce; incident arose when 15-year-old son P.Z. refused to surrender his cell phone, leading to a heated confrontation outside the home.
P.Z. testified Zumbar grabbed, shoved, and swung punches at him; P.Z. called 911 and later said he feared his father and wanted no contact except through counseling.
Zumbar denied any physical contact or intoxication, conceded he attempted to take the phone, and disputed portions of P.Z.’s testimony.
Police responded, saw no signs of a struggle, and the city prosecutor declined criminal charges; an ex parte DVCPO was entered, later converted after full hearings to a final DVCPO protecting P.Z.
Zumbar appealed, arguing the trial court erred in granting the DVCPO; the appellate court affirmed, finding competent, credible evidence supported the order.

Issue	Plaintiff's Argument (Singhaus)	Defendant's Argument (Zumbar)	Held
Whether a DVCPO was warranted under R.C. 3113.31 based on domestic violence or threat thereof	P.Z. was physically grabbed, shoved, and threatened by Zumbar; testimony and call made P.Z. fearful — supports DVCPO to protect child	Zumbar denied physical contact, argued P.Z.’s testimony was unreliable and insufficient; stressed no criminal charges and his good character	Court held plaintiff met preponderance standard; DVCPO affirmed based on competent, credible evidence of domestic violence or its threat
Whether the trial court abused discretion in weighing witness credibility	Credibility of P.Z. and appellee support finding of domestic violence	Zumbar argued appellate court should not defer to trial court’s credibility determinations and complained about reliance on a minor’s testimony	Court affirmed deference to trial court’s credibility findings and discretion in issuing protection order

Felton v. Felton, 79 Ohio St.3d 34 (1997) (plaintiff must prove domestic violence or danger by a preponderance of the evidence)
State v. Awan, 22 Ohio St.3d 120 (1986) (credibility determinations are for the trier of fact)
Seasons Coal Co. v. Cleveland, 10 Ohio St.3d 77 (1984) (trial court observes witness demeanor and is better positioned to weigh evidence)
Masitto v. Masitto, 22 Ohio St.3d 63 (1986) (judgments supported by competent, credible evidence will not be disturbed)
State v. Caldwell, 79 Ohio App.3d 667 (1992) (fact finder may believe all, part, or none of testimony)
State v. Jamison, 49 Ohio St.3d 182 (1990) (weight and credibility of evidence are for the trier of fact)