J.T. v. J.G., et al.

Summary

The Ohio Eighth District Court of Appeals affirmed the denial of J.T.'s petitions for civil stalking protection orders against J.G. and A.S. The court held that J.T. failed to preserve or demonstrate claims concerning the magistrate's alleged bias and could not challenge factual findings without filing a transcript or affidavit of the hearing evidence. The court therefore overruled all three assignments of error and affirmed the trial court's judgment.

Holdings

1. The appellate court declined to consider J.T.'s claims of magistrate bias or misconduct because he did not file a motion for disqualification or otherwise raise the issue in the trial court.
2. An appellant cannot challenge the magistrate's factual findings without filing a transcript of the hearing or an affidavit of the evidence with the trial court; absent that record, the appellate court must presume regularity and accept that the facts were correctly interpreted.
3. The trial court did not err in overruling J.T.'s objections to the magistrate's decision denying the civil stalking protection orders.

Questions Presented

1. Whether the appellate court could review J.T.'s claims that the magistrate was biased or acted improperly when J.T. did not first seek disqualification or otherwise raise those claims in the trial court.
2. Whether the trial court erred in adopting the magistrate's denial of the civil stalking protection orders when J.T. failed to provide a transcript or affidavit supporting his factual objections.
3. Whether the trial court erred in overruling J.T.'s objections to the magistrate's decision.

Disposition

affirmed