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· 9/30/2021

Cleveland v. Cornely

Citations

  • 2021 Ohio 3459

Syllabus

Community-control sanctions violation R.C. 2929.25(D)(1) motion to show cause contempt abuse of discretion. The trial court erred in holding a community-control violation hearing on appellant's wife's motion to show cause, because she was not one of the specified people under R.C. 2929.25(D)(1). Further, the court's finding that appellant violated his community-control sanctions when he contacted his wife in violation of the court's no-contact order was arbitrary and unreasonable. Appellant's counsel sent a notice to appellant's wife's counsel, which was an approved manner of communication. Accordingly, the trial court abused its discretion in finding that appellant violated his community-control sanctions.

Judges: Forbes

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