Court of Appeals of Ohio, Eleventh District, Lake
from the Lake County Court of Common Pleas, Domestic
Relations Division, Case No. 2016 DV 000181.
M. Lynch, (For Plaintiff-Appellant).
Tassi, Willoughby Hills, (For Defendant-Appellee).
CYNTHIA WESTCOTT RICE, P.J.
Appellant, Antoinette Tredenary, appeals the judgment of the
Lake County Court of Common Pleas, Domestic Relations
Division, denying her petition for a domestic violence civil
protection order against her former husband, appellee, Daniel
Fritz. At issue is whether the trial court abused its
discretion in denying the petition. For the reasons that
follow, we affirm.
While the parties were married, they adopted D.T., the
biological son of Antoinette's brother, Dominic
Tredenary. The parties were divorced in Lake County in 2011.
Daniel was granted legal custody of D.T. and Antoinette was
given visitation. At the time of the hearing in this case,
D.T. was 12 years old.
On September 6, 2016, Antoinette filed a petition for a
domestic violence civil protection order for herself and D.T.
against Daniel. In support, she alleged Daniel committed an
act of domestic violence against her on August 23, 2016. The
magistrate granted an ex parte protection order, but only in
favor of her, not D.T. The case came on for a full hearing
Dominic testified he lives on the west side of Cleveland. He
said that on August 22, 2016, D.T. asked him to come with him
and Daniel that evening to the Captains baseball game at
Eastlake Park. Antoinette picked up Dominic because his
driver's license had expired, and dropped him off at
Daniel's house in Willoughby at about 7:00 p.m. Before
leaving for the game, Dominic had a beer at Daniel's
Dominic said that he and D.T. walked around the stadium most
of the game, while Daniel watched the game from his stadium
seat. D.T. is a hyperactive child with autism. Dominic said
it was Dollar Beer Night. Daniel gave D.T. $10 to $12 for
refreshments, and, according to Dominic, D.T. used it to buy
him beers throughout the game. Dominic said that, by the end
of the game, he was "buzzed." Daniel said that
Dominic had ten to 12 beers at the stadium; that he was not
walking steadily; and that his speech was slurred.
After the game, Dominic and D.T. met up with Daniel and they
got in his car. D.T. called Antoinette and asked her to come
to Daniel's house to pick up Dominic.
Daniel said that when the three of them arrived at his house,
he made them a pizza. Dominic said that, while waiting for
the pizza, he had a beer. Daniel said that D.T. was tired,
hungry, and "acting out." He said Dominic and D.T.
were arguing with each other and both were agitated, and he
tried to calm them down.
Daniel said that a short time later, Antoinette came over and
they visited. D.T. was running around the house and, at about
10:30 p.m., he ran in the bathroom and started vomiting. It
is at this point that the witnesses disagree as to what
Dominic said Antoinette got up to check on D.T. She went in
the hallway. Daniel, who was also in the hallway, put out his
hand and said "no, he's okay." Antoinette
insisted on going in the bathroom to check on him. The trial
court noted that Dominic testified, "with much dramatic
flair, " that Daniel grabbed Antoinette, bounced her off
the wall in the hallway, and threw her to the right.
Antoinette's version was even more dramatic. She said
D.T. started to cough and choke and ran into the bathroom.
She went down the hallway to the bathroom to help him. She
said Daniel was in the hall; said "no;" and slammed
the door shut. She said she continued going forward and
Daniel hit her on her shoulder "really hard" with
an open hand; grasped her ...