A. M. Appellee
S. M. Appellant
FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF
SUMMIT, OHIO CASE No. 2015 10 3237
W. WILGUS, ATTORNEY AT LAW, FOR APPELLANT.
CHRISTINE D. FINAN, ATTORNEY AT LAW, FOR APPELLEE.
DECISION AND JOURNAL ENTRY
JENNIFER HENSAL JUDGE
S.M. ("Husband") appeals from the judgment of the
Summit County Court of Common Pleas, Domestic Relations
Division. We affirm.
This appeal stems from the trial court's grant of a
domestic violence civil protection order ("DVCPO")
in favor of A.M. ("Wife"), Husband's estranged
wife, and their two minor children ("Son" and
"Daughter"). Wife filed the petition on October 30,
2015, alleging that Husband had been both physically and
emotionally abusive toward her and Son, and that he had been
emotionally abusive toward Daughter. After a full hearing, a
magistrate entered an order granting Wife's petition,
which the trial court adopted. Husband now appeals, raising
two assignments of error for our review.
OF ERROR I
TRIAL COURT ERRED AS A MATTER OF LAW AND ABUSED ITS
DISCRETION IN FINDING BY A PREPONDERANCE OF THE EVIDENCE THAT
[HUSBAND] ENGAGED IN DOMESTIC VIOLENCE AS DEFINED BY O.R.C.
In his first assignment of error, Husband challenges the
sufficiency of the evidence presented in support of the
DVCPO. In reviewing the sufficiency of the evidence, "we
must determine whether, viewing the evidence in the light
most favorable to [the petitioner], a reasonable trier of
fact could find that the petitioner demonstrated by a
preponderance of the evidence that a civil protection order
should issue." R.C. v. J.G., 9th Dist. Medina
No. 12CA0081-M, 2013-Ohio-4265, ¶ 7. "In order to
grant a DVCPO, the court must conclude that the petitioner
has demonstrated by a preponderance of the evidence that the
petitioner and/or the petitioner's family or household
members are in danger of domestic violence." B.C. v.
A.S., 9th Dist. Medina No. 13CA0020-M, 2014-Ohio-1326,
¶ 7. "Domestic violence" is defined as the
occurrence of one or more of the following acts against a
family or household member:
(a) Attempting to cause or recklessly causing bodily injury;
(b) Placing another person by the threat of force in fear of
imminent serious physical harm or committing a violation of
section 2903.211 or 2911.211 of the Revised Code; (c)
Committing any act with respect to a child that would result
in the child being an abused child, as defined in section
2151.031 of the Revised Code; (d) Committing a sexually
Here, Wife testified the Husband "got a little bit rough
with [her] in the bedroom[, ]" showed up to her
workplace uninvited, leaves her "nasty" voicemails,
screams at her, calls her names, verbally abuses her, and
harasses her for his belongings. She testified that she was
diagnosed with PTSD after she married Husband and that her
symptoms worsen when she is around him. She further testified
that she has been ...