State v. Krieger, 2018 Ohio 4483

Defendant Timothy Krieger and his wife Kellie were separated and in divorce proceedings but lived together with children.
After an earlier argument between Krieger and Kellie’s daughter, Kellie confronted Krieger; an argument between Kellie and Krieger followed.
Krieger went to the master bathroom, began recording on his phone, and when Kellie blocked his exit he pushed her aside to leave.
Kellie initially called the police chief for advice, then—after consulting her divorce attorney—requested police respond; an officer interviewed both and observed no injuries.
Krieger admitted to pushing Kellie; he was charged with domestic violence (R.C. 2919.25(A)), tried in bench trial, found guilty, and sentenced to 90 days with 88 suspended.
On appeal Krieger argued the evidence was insufficient to prove physical harm, attempt to harm, or that he acted knowingly.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether evidence was sufficient to prove Krieger knowingly caused or attempted to cause physical harm to a family/household member under R.C. 2919.25(A)	The push constituted physical harm or an attempt to harm; Krieger was angry and thus subjectively aware harm was probable	Krieger only used minimal contact to move Kellie out of his path to exit the bathroom and did not intend or subjectively believe he would cause harm	Reversed: insufficient evidence of physical harm, attempt, or knowing mental state; conviction vacated

No officially reported authorities with Bluebook citations were cited in the opinion.