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Kruszynski v. Kruszynski

Court of Appeals of Ohio, Fifth District

July 29, 2013

ZBIGNIEW S. KRUSZYNSKI, Respondent-Appellant
v.
AMY KRUSZYNSKI, Petitioner-Appellee

Appeal from the Fairfield County Court of Common Pleas, Case No. 12-CV-989

For Respondent-Appellant: LISA A. WAFER

For Petitioner-Appellee: AMY KRUSZYNSKI, PRO SE

JUDGES: Hon. William B. Hoffman, P.J. Hon. Patricia A. Delaney, J. Hon. Craig R. Baldwin, J.

OPINION

Hoffman, P.J.

{¶1} Respondent-appellant Zbigniew S. Kruszynski appeals the October 31, 2012 Entry entered by the Fairfield County Court of Common Pleas, which granted a civil stalking protection order in favor of petitioner-appellee Amy Kruszynski.

STATEMENT OF THE FACTS AND CASE

{¶2} Appellant and Appellee were married in 2002, and have been separated since the end of 2008. Their divorce action, which has been pending since August 9, 2010, is stayed as the result of Appellant's filing bankruptcy. The domestic relations court issued a temporary Shared Parenting Plan relative to the parties' son, A.K. All parenting exchanges occur at the Pickerington Police Department. Appellee currently resides with A.K. as well as her boyfriend, Steve Holcomb.

{¶3} On September 14, 2012, Appellee filed a Petition for Civil Stalking Protection Order pursuant to R.C. 2903.214. Therein, Appellee sought protection from Appellant for herself, her son, and Holcomb. The trial court issued an ex-parte order against Appellant.

{¶4} The trial court conducted a two-day hearing on Appellee's petition on September 26, 2012, and October 5, 2012. The parties presented conflicting testimony as to several incidents which allegedly occurred between them during the course of their relationship.

{¶5} Appellee testified Appellant, over the past months, had engaged in erratic driving; dangerous tailgating, verbal and non-verbal insults, obscenities, threats, and physical abuse. Appellee noted these behaviors and actions caused her to be fearful of Appellant. Appellee recalled, on Thanksgiving, 2011, she, Holcomb, and some family members were in two vehicles traveling to a relative's house. Appellee and Holcomb were in the front vehicle; Holcomb was driving. The vehicles were at an intersection, making a right-hand turn. Appellee observed Appellant in his vehicle on the opposite side of an intersection. Appellant came through the light, cut off another vehicle, and proceeded to closely and dangerously tailgate Appellee and Holcomb. Appellant was so close, Appellee could see him screaming and gesturing. Appellee also testified about the parenting exchanges at the Pickerington Police Station. She described how Appellant would follow her home, screaming obscenities and gesturing like he was cutting her throat. Appellee explained she waits for Appellant to depart first in order to avoid these situations, and takes alternative routes home.

{¶6} Appellee further discussed the verbal and physical abuse Appellant inflicted upon her when they lived together as well as after their separation. One morning when Appellee was dropping their son at school, Appellant approached, slammed her against a car, and shoved his fist into her stomach.

{¶7} Appellant denied all of Appellee's allegations.

{¶8} Following the hearing, the parties filed post-hearing briefs. Via Entry filed October 21, 2012, the trial court granted Appellee's petition for civil stalking protection order as to Appellee herself, but denied the ...


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