In re Guardianship of Polete

Citations

• 2018 Ohio 5275

Syllabus

Appellant, after forging his attorney's signature on a guardianship application, attempted to file the application. The forgery's discovery resulted in the court's issuing a show cause order and, following a hearing, finding Appellant in indirect criminal contempt of court. The trial court did not abuse its discretion by finding Appellant in contempt, and, further, there was sufficient evidence to support the trial court's contempt finding. The trial court's show cause order did not have to be supported by a probable cause affidavit. Appellant, under the circumstances of the case, was not entitled to a jury trial. The trial court did not improperly shift to Appellant the burden of proof. Finally, the trial court did not err by charging Appellant with indirect as opposed to direct contempt of court. Judgment affirmed. (Donovan, J., concurring in judgment only.)