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Smith v. Martin
Ohio Court of Appeals
2009 WL 2028403 (2009)
- Written by Haley Gintis, JD
Facts
In July 2008, Gabrielle Smith (plaintiff) obtained a civil order of protection against her boyfriend, Kevin Martin (defendant). At the time of the order, Smith was pregnant with Martin’s child. Smith had requested that the trial court include language within the order to protect the child. The trial court denied Smith’s request on the ground that, by ordering Martin not to contact Smith, the unborn baby was also protected from any contact with Martin. Smith appealed on the ground that the trial court had erred by denying her request to include the unborn child as a person protected by the order and that the trial court had denied the unborn child her right to be treated equally under the law.
Rule of Law
Issue
Holding and Reasoning (Tyack, J.)
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