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McWilliam v. Dickey

Court of Appeals of Ohio, Eighth District

September 19, 2013

MACKENZIE McWILLIAM PETITIONER-APPELLEE
v.
JOSHUA DICKEY RESPONDENT-APPELLANT

Civil Appeal from the Cuyahoga County Court of Common Pleas Case No. CV-789842.

ATTORNEY FOR APPELLANT Daniel J. Gbbons Deery & Gibbons 300 Fourth Street Elyria, Ohio 44035.

FOR APPELLEE Mackenzie McWilliam, Pro se 26537 Oviatt Road Bay Village, Ohio 44140.

BEFORE: Jones, J., Stewart, A.J., and McCormack, J.

JOURNAL ENTRY AND OPINION

LARRY A. JONES, SR., J.

(¶ 1} Respondent-appellant, Joshua Dickey, appeals the trial court's decision to grant a Civil Stalking Protection Order ("CSPO") to petitioner-appellee MacKenzie McWilliam and minor child, J.M. We affirm.

(¶ 2} On August 22, 2012, McWilliam filed a petition for a protection order pursuant to R.C. 2903.214, seeking to cover both herself and the parties' newborn daughter, "J.M." The trial court set the matter for a hearing on September 11, 2012, but continued the hearing until September 21. On September 11, the trial court issued an ex parte CSPO, and continued the September 21 hearing until November 9, 2012. On November 9, Dickey's attorney orally moved for a continuance because his client was at a drug treatment center in Florida. The trial court denied the motion and went forward with the hearing.

(¶ 3} On November 19, 2012, the trial court issued a CSPO covering McWilliam and the child for a time period of five years.

(¶ 4} The following pertinent evidence was presented at the hearing.

(¶ 5} Twenty-year-old McWilliam testified that she was in nursing school, had never used drugs, and gave birth to J.M. on July 18, 2012. McWilliam dated 21-year-old Dickey off and on in 2011 and 2012.

(¶ 6} McWilliam testified she met Dickey in February 2011 and moved into his parents' home in November 2011, after she found out she was pregnant. She moved out on March 17, 2012.

(¶ 7} McWilliam testified that Dickey abused drugs and, when he used drugs, he went from "being very, very nice to very, very mean. * * * Violent." McWilliam stated that Dickey had a history of drugs dating back to 12 years of age and that she had personally witnessed him use: "weed, spice, oxy, heroin, crack cocaine, PCP, alcohol, bath salts and ecstasy." According to McWilliam, she once took Dickey to the emergency room for a "mild heart attack" caused by ingesting bath salts. McWilliam further testified that Dickey had been to several drug treatment programs or "rehabs, " completed "rehab" twice, and "he's always left rehab during the day and [got] high that night."

(¶ 8} McWilliam testified to a March 31, 2012 incident that occurred when she was six months pregnant:

At the time, I was pregnant, he pushed me. He was high and he had thrown like medicine down the stairs * * * and ...

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