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Lewis v. Jacobs

Court of Appeals of Ohio, Second District

August 9, 2013

CARLA LEWIS Plaintiff-Appellee
v.
WILLIE JACOBS Defendant-Appellant

(Civil Appeal from (Common Pleas Court) Trial Court Case No. 12-CV-1423

MARY ANN THINNES, Atty. Reg. #0012653, Attorney for Plaintiff-Appellee

ROBERT ALAN BRENNER, Atty. Reg. #0067714, Attorney for Defendant-Appellant

OPINION

FAIN, P.J.

(¶ 1} Respondent-appellant Willie Jacobs appeals from a civil stalking protection order entered against him. Jacobs contends that the evidence submitted to the trial court was insufficient to establish the necessary elements of R.C. 2903.211 by a preponderance of the evidence.

(¶ 2} We conclude that the trial court's order is supported by sufficient evidence and does not constitute an abuse of discretion. Accordingly, the civil stalking protection order is Affirmed.

I. A Relationship Sours

(¶ 3} The magistrate made the following findings of fact:

[Petitioner-appellee Carla Lewis] dated [Jacobs] for approximately five years. According to [Jacobs], the parties were engaged. The relationship ended in November or December of 2011. According to [Lewis], there was a history of violence during the relationship.
The most recent series of events began in November of 2011. [Lewis] found a receipt in [Jacobs'] wallet, which caused her to suspect that [Jacobs] was inappropriately involved with a female co-worker. [Lewis] confronted [Jacobs] about the receipt and [Jacobs] lied to [Lewis], denying that he went to lunch with the female co-worker. During their conversation, [Jacobs] became angry and "went off on [Lewis]. When [Lewis] threatened to call the police, [Jacobs] took her purse, containing her cell phone, and threw it across the bed. He then grabbed [Lewis] and yanked her arm, leaving a bruise. [Jacobs] denied physically assaulting [Lewis], but acknowledged that they engaged in a heated argument and that he lied to [Lewis].
Approximately one week later, [Jacobs] acknowledged that he lied to [Lewis] about lunching with a female co-worker. According to [Lewis], Lewis officially ended her relationship with [Jacobs] in November. When she broke up with him, he threatened her, stating "you've been using me. I'm going to get revenge on you." According to [Lewis], [Jacobs] has made hand gestures that he would shoot her on several occasions from December of 2011 through February of 2012. [Lewis] testified that [Jacobs] owns several firearms and that she fears he will shoot her.
[Jacobs] denied threatening [Lewis]. Additionally, [Jacobs] claimed that [Lewis] did not officially end their relationship until February of 2012. According to [Jacobs], [Lewis] attended holiday gatherings with him in December of 2011 and continued to sit with him at church.
In late January or early February of 2012, [Jacobs] encountered [Lewis] at a local Wal-Mart. According to [Lewis], [Jacobs] made a scene at the store, telling [Lewis], "I can't live without you. I will kill myself." [Lewis] testified that she tried to get away from [Jacobs], but he continued to follow her around the store. [Jacobs] denied causing a scene and testified that [Lewis] even waited on him while he checked out.
Approximately a week later, in February of 2012, [Jacobs] and [Lewis] encountered each other at Gilly's, a local nightclub and music venue. As [Lewis] was leaving, [Jacobs] reportedly grabbed her arm and asked her who she was with. [Lewis] tried to get away from [Jacobs], but [Jacobs] again grabbed her, tried to kiss her, and followed her to her car. When [Lewis] refused to kiss [Jacobs], [Jacobs] became upset. He called [Lewis] a "bitch, " and reportedly threatened "I'm going to get you." After [Lewis] left Gilly's, [Jacobs] reportedly called her ...

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