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M.J.W. v. T.S.

Court of Appeals of Ohio, Eighth District, Cuyahoga

September 5, 2019

M.J.W., Petitioner-Appellee,
v.
T.S., Respondent-Appellant.

          Civil Appeal from the Cuyahoga County Court of Common Pleas Case No. CV-18-906724

         JUDGMENT: AFFIRMED IN PART, REVERSED IN PART, AND REMANDED

          M.J.W., pro se.

          Wargo and Wargo Co., L.P.A., and Thomas M. Wilson, for appellant.

          JOURNAL ENTRY AND OPINION

          MARY 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 our review:

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.

         I. 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 frightening.
[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 ...

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