Brenda L. Walton v. Philip M. Walton
Ohio Court of Appeals
2004 WL 3017265 (2004)
- Written by Haley Gintis, JD
Facts
In 2003 Brenda L. Walton (plaintiff) and Philip M. Walton (defendant) divorced. Brenda sought exclusive use of the family home on the ground that Philip had committed domestic violence. The divorce court rejected Brenda’s request. In 2004 Brenda filed a petition seeking a civil protection order. The court issued an ex parte order. Upon Philip’s request, the court held an evidentiary hearing to determine whether a more permanent order was warranted. Brenda testified that Philip had abused her throughout their marriage and introduced into evidence photographs showing the physical abuse she had suffered. The court issued the protection order on the ground that Brenda had shown by a preponderance of the evidence that she was in danger of domestic abuse. The court clarified that the order did not affect the divorce proceeding. Philip appealed on the ground that Brenda was barred from petitioning for a protection order by the doctrine of res judicata. Philip also alleged that the court’s finding of domestic violence was counter to the evidence presented. The Ohio Court of Appeals reviewed the case.
Rule of Law
Issue
Holding and Reasoning (Knepper, J.)
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