History
  • No items yet
midpage
Taylor v. Taylor
2012 Ohio 6190
Ohio Ct. App.
2012
Read the full case

Background

  • Catherine Taylor appeals a civil stalking protection order (CSPO) issued in favor of Aaron Taylor and his family.
  • Aaron testified to a pattern of his mother's contact: persistent emails (2006–2010) and uninvited church visits (2011).
  • Trial court issued ex parte CSPO, then full evidentiary hearing; magistrate found pattern and distress.
  • Evidence included Aaron’s emails and testimony, plus the head pastor’s testimony about wives’ distress.
  • Court upheld a five-year CSPO covering Aaron and his wife and two children; Catherine appeals.
  • The issues concern evidentiary sufficiency and the scope/duration of the CSPO.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Sufficiency of evidence for menacing by stalking Taylor argues insufficient evidence Taylor argues insufficient evidence Sufficiency met; evidence supports pattern and distress
Scope and duration of CSPO Taylor argues too broad/long Taylor argues within court discretion Five-year scope upheld; not an abuse of discretion

Key Cases Cited

  • Middletown v. Jones, 167 Ohio App.3d 679 (2006-Ohio-3465) (pattern of conduct and mental distress considerations in CSPO)
  • Lane v. Brewster, 12th Dist. Clermont No. CA2011–08–060 (2012-Ohio-1290) (preponderance standard for civil stalking orders)
  • Olenik v. Huff, 2003-Ohio-4621 (5th Dist. Ashland No. 02–COA–058) (establishing pattern and mental distress elements)
  • Jenkins v. Jenkins, 10th Dist. Franklin No. 06AP-652 (2007-Ohio-422) (scope and duration discretion; protective orders)
  • State v. DeHass, 10 Ohio St.2d 230, 227 N.E.2d 212 (1967) (credibility and evidentiary standard for appellate review)
  • State v. Thompkins, 78 Ohio St.3d 380, 678 N.E.2d 541 (1997) (knowingly engaging in conduct and mental distress definitions)
Read the full case

Case Details

Case Name: Taylor v. Taylor
Court Name: Ohio Court of Appeals
Date Published: Dec 26, 2012
Citation: 2012 Ohio 6190
Docket Number: 2012-CA-14
Court Abbreviation: Ohio Ct. App.