FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF
SUMMIT, OHIO CASE No. DR-2015-07-1999
S. GRASKE, Attorney at Law, for Appellant.
KRISTINA BELMONTE, Attorney at Law, for Appellee.
DECISION AND JOURNAL ENTRY
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.
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.
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.
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.
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 ...