Napier v. Kelley

Summary

The Ohio Twelfth District Court of Appeals reviewed a five-year domestic violence civil protection order issued in favor of Nikki Napier. The court affirmed the order as to Napier, reversed its inclusion of the parties' child because the record lacked evidence of threats directed at the child, and remanded for the trial court to explain the basis for the order's five-year duration.

Holdings

1. The issuance of the domestic violence civil protection order in Napier's favor was not against the manifest weight of the evidence. Kelley's posts, considered in context, constituted threats of force that reasonably caused Napier to fear imminent serious physical harm.
2. The trial court erred by including Adam in the protection order because the record contained no evidence that Kelley's threats were directed at Adam.
3. The trial court abused its discretion by imposing a five-year protection order without articulating the reasoning supporting that maximum duration.

Questions Presented

1. Whether the social-media posts constituted domestic violence and supported issuance of a domestic violence civil protection order under the manifest-weight-of-the-evidence standard.
2. Whether the trial court erred by including the parties' child, Adam, within the protection order when the record contained no evidence that Kelley threatened Adam.
3. Whether the trial court abused its discretion by imposing a five-year protection order without explaining why that duration was warranted.

Disposition

reversed_and_remanded