Felton v. Felton

This case presents two issues. The first is whether a court may issue a domestic protection order pursuant to R.C. 3113.31 when, as part of the dissolution decree, the parties have agreed to a provision prohibiting harassment of each other. The second issue is what is the correct burden of proof that a court must use when issuing a protection order pursuant to R.C. 3113.31.

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The court of appeals held that because the parties’ dissolution decree contained a no-harassment provision, a domestic violence protection order would be unnecessary and superfluous. We disagree.

Initially we note that R.C.…