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Allen v. Thompson

Court of Appeals of Ohio, Eleventh District, Lake

June 12, 2017

PAMELLA R. ALLEN, Petitioner-Appellee,
v.
MATTHEW D. THOMPSON, Respondent-Appellant.

         Civil 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).

          OPINION

          TIMOTHY P. CANNON, J.

         {¶1} 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 affirmed.

         {¶2} 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.

         {¶3} 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.

         {¶4} 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.

         {¶5} 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 13, 2021.

         {¶6} On April 19, 2016, the trial court adopted the magistrate's findings of fact and conclusions of law and granted the protection order.

         {¶7} 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.

         {¶8} On appeal, appellant asserts a sole assignment of error for our review:

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.

         {¶9} 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 ...


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