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Felton v. Felton

679 N.E.2d 672 (1997)

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Felton v. Felton

Ohio Supreme Court
679 N.E.2d 672 (1997)

  • Written by Liz Nakamura, JD

Facts

Mrs. Felton (plaintiff) testified that Mr. Felton (defendant) domestically abused her throughout the marriage and that his assaults on her continued after the divorce, culminating in an attempted strangulation. Mrs. Felton stated that she was afraid Mr. Felton would attempt to kill her next. The parties’ divorce decree included a no-harassment provision. Mrs. Felton applied for a protective order, and the trial court denied her application, finding that Mrs. Felton had not provided sufficient evidence to support a protective order because she did not provide any corroborating evidence for her testimony. Mrs. Felton appealed, and the court of appeals also denied her application, finding that a protective order would be superfluous given the no-harassment provision in the parties’ divorce decree, especially because the no-harassment order was indefinite and a protective order was of limited duration. Mrs. Felton appealed.

Rule of Law

Issue

Holding and Reasoning (Resnick, J.)

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Family Law

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