Court of Appeals of Ohio, Eighth District, Cuyahoga
Appeal from the Cuyahoga County Court of Common Pleas Case
AFFIRMED IN PART, REVERSED IN PART, AND REMANDED
M.J.W., pro se.
and Wargo Co., L.P.A., and Thomas M. Wilson, for appellant.
JOURNAL ENTRY AND OPINION
J. BOYLE, PRESIDING JUDGE
1} Respondent-appellant, T.S., appeals from the
trial court's order granting a civil stalking protection
order ("CSPO") to petitioner-appellee, M.J.W., and
her husband and son. He raises one assignment of error for
The trial court erred when it granted a civil stalking
protection order which was not supported by a preponderance
of the evidence.
2} Finding partial merit to his assignment of error,
we affirm in part and reverse in part.
Procedural History and Factual Background
3} On November 9, 2018, M.J.W. filed for a CSPO
against T.S. under R.C. 2903.214. The petition requested a
CSPO based on T.S.'s alleged menacing by stalking. In
support of the petition, M.J.W. attached a handwritten
explanation that stated:
We have lived at [our home] for over 40 years. [T.S.'s]
family has lived next door to us for that period of time.
We have many complaints and concerns about the actions of
[T.S.] - a resident of that home.
My husband, son, and I have felt threatened, unsafe,
insecure, and deeply fearful of what [T.S.] might do next.
In recent times, [T.S.] came charging at us for
"overcutting" the grass. He was screaming. Police
were called - his actions and tone of voice were
[T.S.] called me a bitch and a cunt when he thought I was
looking at him. [T.S.] in an ensuing argument told my son
he was going to slit his throat.
[T.S.] was trying to hurt me when he went up on his roof
with a leaf blower and all of the cinders and sticks came
down on me, and I was standing on the patio. Some blew into
my eyes, and I couldn't see until I used an eyewash.
We are reluctant to use our patio and go in our backyard
because [T.S.] uses comments to provoke and intimidate.
We are terrified that [T.S.'s] behaviors are escalating
in recent years due to his being arraigned on assault
charges and his use of his middle fingers ...