S.M. v. T.G.

Citations

• 2025 Ohio 1448

Syllabus

Civil stalking protection order; R.C. 2903.214; menacing; R.C. 2903.211; pattern of conduct; knowingly; standard of review. Our standard for reviewing a trial court's decision to grant or deny a civil protection order is not abuse of discretion. Rather, when the question on appeal is whether the trial court's decision to grant or deny a civil protection order, whether it is a domestic violence civil protection order or civil stalking protection order, our standard of review is whether there was sufficient, credible evidence to support a finding that the respondent engaged either in acts of domestic violence or acts of menacing by stalking against the petitioner. But if the scope and terms of a civil protection order are at issue, then we review for an abuse of discretion. The trial court's decision granting a civil stalking protection order to the petitioner was reversed. The record in this case lacks sufficient, credible evidence to establish, by a preponderance of the evidence, that the respondent knowingly engaged in a pattern of conduct to cause the petitioner to believe that he was going to physically harm her or cause her mental distress.