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K.B. v. B.B.

Court of Appeals of Ohio, Ninth District, Summit

January 11, 2017

K.B. Appellee
v.
B.B. Appellant

         APPEAL FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF SUMMIT, OHIO CASE No. DR-2015-07-1999

          LESLIE S. GRASKE, Attorney at Law, for Appellant.

          KRISTINA BELMONTE, Attorney at Law, for Appellee.

          DECISION AND JOURNAL ENTRY

          SCHAFER, Judge.

         {¶1} Respondent-Appellant, B.B. ("Husband"), appeals the judgment of the Summit County Court of Common Pleas, Domestic Relations Division, granting a domestic violence civil protection order in favor of Petitioner-Appellee, K.B. ("Wife"), and her minor child, C.P. We reverse.

         I.

         {¶2} Husband and Wife have been in a relationship since 2010. During the course of their relationship, but prior to their marriage, Wife gave birth to C.P. Although Husband was not listed on CP.'s birth certificate, Husband was present at C.P.'s birth and believed he was C.P.'s father.

         {¶3} Husband and Wife separated in May 2015 and Wife filed for divorce. Subsequently, Wife filed a petition for a domestic violence civil protection order with children. The magistrate did not issue an ex parte CPO, but did set the matter for a full hearing. After the full hearing, the magistrate issued a two-year domestic violence civil protection order that named Wife and C.P. as protected persons. Although Husband objected to the magistrate's decision, the trial court approved and adopted the domestic violence civil protection order.

         {¶4} Husband filed this timely appeal, raising three assignments of error for this Court's review. As Husband's first and second assignments of error implicate similar issues, we elect to address them together.

         II.

Assignment of Error I
The trial court erred in granting [Wife] a Civil Protection Order covering her and C.P. over incidents, which if true, ceased 1) a year prior and 2) a year and a half prior to the hearing, where there was no evidence of any other incidents.
Assignment of Error II
The trial court erred in finding that [Wife] met her burden of showing by a preponderance of the evidence that [Wife] or [Wife]'s family ...

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