Smith v. Stanley, 2012 Ohio 2828

Brian Stanley and Smith had a mutual restraining order while their divorce proceedings were ongoing.
Smith amended his petition alleging Jan. 27, 2011 gun-waving and Jan. 28, 2011 a screwdriver found in Smith's driveway; court treated as contempt and imposed sanctions.
Trial court found a January 27, 2011 violation and a separate January 28, 2011 violation, with 30-day jail terms and $100 fines, to be served consecutively, then stayed for lack of further violations.
Stanley presented alibi evidence (Pennsylvania trip, mother and witnesses); Smith presented testimony from several witnesses about observed conduct near the residence.
On appeal, court held the January 27 violation supported by weight of the evidence; the January 28 screwdriver allegation unsupported; remanded for further proceedings consistent with the opinion.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether January 27, 2011 violation was supported by the weight of the evidence	Stanley: weight of evidence insufficient; trial court erred.	Smith: evidence supported the violation.	January 27, 2011 violation supported by weight of the evidence.
Whether January 28, 2011 violation was supported and sanctions proper	Stanley: no evidence links him to screwdriver; no basis for contempt.	Smith: argued violation occurred; sanctions justified.	January 28, 2011 violation not supported; reverse as to that finding; sanctions reversed.

State v. Thompkins, 78 Ohio St.3d 380 (Ohio Supreme Court 1997) (weight-of-evidence standard; credibility; thirteenth juror)
Otten, 33 Ohio App.3d 339 (Ohio 5th Dist. 1986) (weighing evidence; appellate review of weight)
ConTex, Inc. v. Consolidated Technologies, Inc., 40 Ohio App.3d 94 (First Dist. 1988) (civil contempt standard; clear and convincing evidence)
State v. Martin, 20 Ohio App.3d 172 (First Dist. 1983) (standard for manifest weight; credibility in conflicts)
Whitaker v. M.T. Auto., Inc., 2007-Ohio-7057 (9th Dist. 2007) (sufficiency vs. weight of the evidence distinction)