Cox v. Doss

Citations

• 2019 Ohio 2592

Syllabus

After a magistrate had conducted a full hearing on a civil stalking protection order (CSPO) petition, but before a decision was made, the common pleas court's general division transferred the matter to the common pleas court's family court. The family court reviewed the transcript of the full hearing and, based upon this review, issued a CSPO against appellant. Appellant did not object to the transfer or the method used by the family court to determine the CSPO petition. This procedure violated the Civ.R. 65.1(F)(3)(a) requirement that, after referral to a magistrate for a full hearing, the magistrate shall either deny or grant the CSPO. However, this error does not rise to plain error because it did not affect the basic fairness of the proceeding. Further, the CSPO was based upon sufficient evidence, and its issuance did not deprive appellant of any due process rights. Judgment affirmed.