State v. Holmes

Elizabeth B. Mattingly, Judge.

{¶ 1} Defendant Russell Holmes is charged with recklessly violating R.C. 2919.27, violating a protection order or consent agreement. He raises the affirmative defense of necessity.

{¶ 2} The parties have stipulated that defendant’s three children, ages five, six, and seven, who were protected persons under a court order to defendant to stay away, were, in fact, at the residence where defendant was residing with friends when probation officers arrived for a routine visit at 6:45 p.m. on the evening of April 27, 2004.1 When Probation Officer Brehm arrived, three…