Alsup v. Alsup

Summary

The Ohio Fifth District Court of Appeals affirmed a domestic violence civil protection order issued by the Morgan County Court of Common Pleas. The court held that service of the continuance entry by email to the respondent’s attorney was proper under Ohio Civil Rules 65.1 and 5, and that the respondent’s challenge to the petition’s factual sufficiency was waived because it was not raised below. The court also concluded that the petition was sufficient and that the trial court did not abuse its discretion in issuing the order.

Holdings

1. Electronic service of the entry continuing the hearing was proper because respondent's attorney provided an email address in filings and received the email containing the file-stamped continuance entry. The trial court therefore did not abuse its discretion by proceeding with the July 9, 2025 hearing.
2. The respondent waived appellate review of his argument that the petition was deficient because he did not present that argument to the trial court.
3. Even if the pleading challenge had been preserved, the petition was sufficient because its attachment alleged specific acts of abuse and stated that the petitioner sought a domestic violence civil protection order. The trial court did not act unreasonably, arbitrarily, or unconscionably in issuing the order.

Questions Presented

1. Whether the trial court provided proper notice of the continued full domestic violence civil protection order hearing through electronic service on respondent's counsel.
2. Whether the respondent could raise for the first time on appeal an argument that the protection-order petition failed to state specific factual allegations or relief.
3. Assuming the pleading challenge was reviewable, whether the petition adequately stated facts and requested relief to support issuance of the protection order.

Disposition

affirmed