S.D. v. S.L.

Summary

The Ohio Sixth District Court of Appeals affirmed a Wood County trial court judgment issuing a domestic violence protection order for S.D. but declining to include the parties’ child as a protected person. The court held that the trial court did not abuse its discretion because testimony concerning domestic violence or stalking involving the child was scant, the child was subject to an existing juvenile-court custody order, and S.L. was incarcerated when the decision was issued.

Holdings

1. The trial court did not abuse its discretion by issuing the domestic violence protection order for S.D. alone and declining to include the child as a protected party.

Questions Presented

1. Whether the trial court abused its discretion by issuing a domestic violence protection order for S.D. but not including the parties' minor child as a protected party.
2. Whether the trial court could decline to extend protection to the child based on the limited evidence linking the child to domestic violence or menacing by stalking, the existing juvenile-court custody and visitation order, and S.L.'s incarceration.

Disposition

affirmed