Court of Appeals of Ohio, Eighth District, Cuyahoga
Appeal from the Cuyahoga County Court of Common Pleas Case
ATTORNEYS FOR APPELLANT Paul W. Vincent, Adam James Vincent
ATTORNEY FOR APPELLEE Brian W. Sharkin Law Office of Brian W.
BEFORE: Boyle, J., Kilbane, P.J., and S. Gallagher, J.
JOURNAL ENTRY AND OPINION
J. BOYLE, J.
Respondent-appellant, Kelly Reising, appeals from the trial
court's judgment denying her motion to terminate a civil
stalking protection order ("CSPO"). For the reasons
that follow, we reverse and remand with instructions.
In March 2013, petitioner-appellee, Joseph Reising, filed a
petition for a civil stalking protection order pursuant to
R.C. 2903.214 against Kelly. Joseph sought a protection order
on behalf of himself, his two daughters whom he fathered with
Kelly, his current wife, and his current wife's two
children. The trial court granted an ex parte temporary CSPO
and set a full hearing accordingly.
On April 2, 2013, the trial court held a full hearing and
granted the CSPO as requested. Although the trial court did
not make findings of fact, it checked the paragraph in the
CSPO that stated as follows:
The Court finds by a preponderance of the evidence that 1)
the Respondent has knowingly engaged in a pattern of conduct
that caused Petitioner to believe that the Respondent will
cause physical harm or cause or has caused mental distress;
and 2) the following orders are equitable, fair, and
necessary to protect the persons named in this Order from
trial court ordered the CSPO to remain in effect until April
On April 27, 2016, Kelly filed her motion to terminate the
CSPO, arguing that the original circumstances leading to the
CSPO had materially changed and that the CSPO was no longer
equitable. Kelly asked the trial court to terminate the CSPO
so that she could have contact with her two daughters whom
she had not had contact with for three years.
The trial court held a hearing on Kelly's motion to
terminate at which Kelly and Joseph testified. The trial
court did not announce her decision orally at the hearing.
On August 4, 2016, the trial court issued a judgment that
denied Kelly's motion to terminate and ruled,
"Hearing held 08/03/2016 on respondent's motion to
terminate C.S.P.O. Court reporter present. The court finds
respondent failed to show by clear and convincing evidence