M.L.H. v. S.R.S.

Citations

• 2025 Ohio 5860

Syllabus

Domestic violence civil protection order (\DVCPO\); menacing by stalking; mental distress; sufficiency of the evidence; abuse of discretion; manifest weight of the evidence; scope of DVCPO. The domestic relations court issued a DVCPO in favor of petitioner-appellee (\Petitioner\) against respondent-appellant (\Respondent\). Respondent appealed, claiming that there was insufficient evidence presented to support the DVCPO, the order was against the manifest weight of the evidence, and that the scope of the DVCPO was overbroad. The lower court's issuance of the DVCPO was supported by sufficient evidence and was not against the manifest weight of the evidence presented. The evidence presented at the full hearing demonstrated that on one occasion, while on a Facetime call, Respondent made what could be considered a threat to Petitioner. A few months later, while Petitioner and Respondent were taking their son to a therapy appointment, Respondent raised his voice at Petitioner, eventually calling her a \cunt.\ The situation escalated to a point wherein security was contacted by Petitioner. Petitioner also presented evidence that Respondent, a licensed attorney in Ohio, kept filing legal motions and instructing the clerk of courts to serve Petitioner with them, even after he received a cease-and-desist letter from Petitioner's place of employment and after Petitioner obtained counsel. The evidence was sufficient to demonstrate that a protection order was necessary. The lower court's decision was not against the manifest weight of the evidence. With respect to the scope of the DVCPO, the court held that the order was tailored to prevent future harassment of Petitioner from Respondent. The order listed only the Petitioner as the protected person under the DVCPO. Respondent's children were not listed as protected persons. As such, Respondent was still allowed to parent his children during his allotted parenting time as set forth under the custody arrangement.