Court of Appeals of Ohio, First District, Hamilton
County Municipal Court Trial No. 16CRB-32986
Boggs Muething, City Solicitor, Natalia Harris, City
Prosecutor, and Christopher Liu, Assistant City Prosecutor,
Raymond T. Faller, Hamilton County Public Defender, and
Demetra Stamatakos, Assistant Public Defender, for
Ashley Brogden appeals her conviction, following a bench
trial, for violating a protection order. The state concedes
that the conviction must be reversed. Because the state
failed to prove that the protection order was in effect on
the date of the offense, we reverse the conviction and
discharge Brogden from further prosecution.
and Procedural History
On December 8, 2016, Brogden was charged with one count of
violating a civil protection order in violation of R.C.
2919.27(A)(2), a misdemeanor of the first degree. The
protection order was an ex-parte, temporary order obtained by
her neighbor, Jessica Wilson, on November 3, 2016. Both lived
in the same apartment building, and their apartments were
next door to each other.
On November 22, 2016, Officer Price responded to a call
regarding an alleged assault of Wilson by Brogden. While
Price was speaking with Brogden, he learned that the
temporary protection order had not been served on Brogden.
Price retrieved the temporary protection order from the
police station and returned to serve Brogden a copy of the
On December 8, 2016, Jessica Wilson filed a complaint
alleging that Brogden verbally harassed her by cursing at her
and threatening violence on multiple occasions between
December 6 and 8, 2016. Brogden entered a not-guilty plea,
and the case proceeded to a bench trial.
At trial, Wilson and her mother testified that Brogden
shouted insults at Wilson all three days. Brogden testified
that Wilson taunted her all three days, and Brogden responded
to her once.
Price identified the ex-parte protection order that he had
served on Brogden on November 22, 2016. The order that he
delivered to her was effective until November 16, 2016, when
the full hearing was scheduled. The protection order was
admitted into evidence.
After closing arguments, the trial court reviewed the
protection order and noted that it had expired on November
16, 2016, before the alleged violation. The court then asked
the prosecutor if she had another protection order.
The prosecutor had a separate entry showing that the full
hearing on the protection order had been continued until
February 14, 2017, and that the temporary order remained in
effect until then. The entry had not been attached to the
temporary order, and the return of service upon respondent
was left blank. The entry was not certified, and Price did
not identify the entry or testify that he had served Brogden
with a copy of the entry continuing the temporary order.
The trial court allowed the state to admit the document as
evidence, over Brogden's objection. The court found
Brogden guilty ...