Court of Appeals of Ohio, Eleventh District, Lake
PAMELLA R. ALLEN, Petitioner-Appellee,
MATTHEW D. THOMPSON, Respondent-Appellant.
Appeal from the Lake County Court of Common Pleas. Case No.
2016 CS 000068.
Pamella R. Allen, pro se, (Petitioner-Appellee).
Matthew D. Thompson, pro se, (Respondent-Appellant).
TIMOTHY P. CANNON, J.
Appellant, Matthew D. Thompson, appeals from the April 19,
2016 judgment of the Lake County Court of Common Pleas. The
trial court granted a civil protection order to appellee,
Pamella R. Allen, and her children, against appellant. For
the following reasons, the judgment of the trial court is
On January 13, 2016, appellee filed a petition for a civil
stalking protection order against appellant pursuant to R.C.
2903.214. Appellee sought relief on her own behalf and on
behalf of her four minor children. Appellant was incarcerated
at the time the petition was filed.
A magistrate issued an ex parte order of protection,
effective until March 13, 2016. A full hearing on the order
was scheduled for January 19, 2016.
After being served with summons and a notice of hearing,
appellant requested a continuance of the full hearing due to
a related pending criminal case. The full hearing was
continued to April 12, 2016, and the ex parte order was
extended to May 13, 2016. Appellant was served with summons
and notice on January 20, 2016.
The matter was referred to a magistrate pursuant to Civ.R.
65.1(F), and a full hearing was conducted on April 12, 2016.
Appellee and two other witnesses testified at the hearing.
Appellant was not present at the hearing because he was
incarcerated. The magistrate entered findings of fact and
conclusions of law on April 15, 2016. The magistrate
recommended that a civil protection order be granted to
appellee and her children, against appellant, through January
On April 19, 2016, the trial court adopted the
magistrate's findings of fact and conclusions of law and
granted the protection order.
On May 13, 2016, appellant filed a timely pro se notice of
appeal from the trial court's April 19, 2016 judgment
entry. Appellee did not file a brief.
On appeal, appellant asserts a sole assignment of error for
The error is clearly placed on the Lake County Common Pleas
Court and Magistrate Adrienne Foster for allowing lying and
slanderous testimony to be presented by Ms. Allen with no
chance for Mr. Thompson to defend himself, there by [sic]
granting the order of protection with no substantial evidence
other than testimony of Ms. Allen's mother and best
friend both of whom are obviously biased.
Appellant argues the trial court's granting of a civil
protection order against him was unjust because he was
incarcerated and therefore unable to attend the hearing on
April 12, 2016, to defend himself. Appellant alleges the
witnesses at the April 12, 2016 hearing were not ...