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In re C.B.

Court of Appeals of Ohio, Tenth District

June 20, 2017

In Re: C.B., (C.L., Appellant).

         APPEAL from the Franklin County Court of Common Pleas, No. 17DV-000115 Division of Domestic Relations, Juvenile Branch.

         On brief:

          C.L., pro se.

          DECISION

          HORTON, J.

         {¶ 1} Petitioner-appellant, C.L. ("mother"), pro se, appeals from a judgment of the Franklin County Court of Common Pleas, Division of Domestic Relations, Juvenile Branch, denying mother's petition for a Civil Protection Order ("CPO") in favor of her and her son, C.B. ("minor child"), against respondent-appellee, T.B. ("father"). Father did not file an appellee's brief in this action. For the following reasons, we affirm.

         I. FACTS AND PROCEDURAL HISTORY

         {¶ 2} On January 26, 2017, mother filed a petition for a CPO against father, on behalf of herself and the minor child. On the same date, the trial court denied mother's ex-parte petition for a CPO, but ordered that the request for a CPO be set for a full hearing. On February 8, 2017, the trial court referred this matter to a magistrate to conduct the hearing and issue a decision. On February 10, 2017, the magistrate held a full hearing in which mother, father, and the Guardian ad litem testified.

         {¶ 3} On February 14, 2017, the magistrate found that:

[T]he Petitioner has not proven, by a preponderance of the evidence, that the respondent has (1) attempted to cause or recklessly causing bodily injury, (2) placed another person by the threat of force in fear of imminent serious physical harm or committing a violation of R.C. 2903.211 or 2911.211, (3) committed any act with respect to a child that would result in the child being an abused child as defined in R.C. 2151.031, (4) committed a sexually oriented offense. R.C. 3113.31(A)(1), and/or (5) there is no evidence that a civil protection order is necessary fair and/or equitable.
It is hereby ORDERED that the petition is denied.

(Mag.'s Decision at 1.)

         {¶ 4} On the same date, the trial court adopted the magistrate's decision as the judgment of the court. (Jgmt. Entry at 1.) On February 23, 2017, mother filed a notice of appeal.

         II. ASSIGNMENTS OF ERROR

         {¶ 5} Mother's three assignments of error are lengthy and difficult to follow. However, in light of our holding, we will briefly summarize. Mother's assignments of error allege that the trial court or magistrate erred by: (1) previously awarding custody of the minor child to father and unduly limiting her visitation rights, (2) the trial ...


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