Lavery v. Lavery

26 Citing cases

  1. McGuire v. Sprinkle

    2007 Ohio 2705 (Ohio Ct. App. 2007)

    {¶ 15} "Threats of violence constitute domestic violence for the purpose of R.C. 3113.31 if the fear resulting from those threats is reasonable." Lavery v. Lavery (Dec. 5, 2001), Summit App. No. 20616, 2001 WL 1545663. "The reasonableness of the fear should be determined with reference to the history between the petitioner and the defendant."

  2. M.D. v. J.S.

    2024 Ohio 4590 (Ohio Ct. App. 2024)

    Fleckner v. Fleckner, 177 Ohio App.3d 706, 2008-Ohio-4000, ¶ 21 (10th Dist.), quoting Lavery v. Lavery, 9th Dist. No. 20616, 2001 Ohio App. LEXIS 5360, *4 (Dec. 5, 2001). The test for determining whether a petitioner has demonstrated a fear of imminent serious physical harm from the threat of force under R.C. 3113.31(A)(1)(a)(ii) involves subjective and objective components.

  3. David v. Fulp

    2024 Ohio 1461 (Ohio Ct. App. 2024)

    Threats of violence constitute domestic violence for the purposes of R.C. 3113.31 if the fear resulting from those threats is reasonable. Fleckner at ¶ 21, quoting Lavery v. Lavery (Dec. 5, 2001), 9th Dist. No. 20616, appeal not allowed (2002), 95 Ohio St.3d 1409 (internal quotation marks omitted). The reasonableness of the fear should be determined with reference to the history between the petitioner and the respondent.

  4. B.B. v. J.B.

    2023 Ohio 1870 (Ohio Ct. App. 2023)

    {¶ 16} For the purposes of R.C. 3113.31, the threat of force constitutes domestic violence if the fear from those threats is reasonable. Fleckner v. Fleckner, 10th Dist. No. 07AP-988, 2008-Ohio-4000, ¶ 21, quoting Lavery v. Lavery, 9th Dist. No. 20616, 2001 Ohio App. LEXIS 5360, *4-5 (Dec. 5. 2001). Courts use both a subjective and objective test to determine the reasonableness of the petitioner's fear.

  5. Elkins v. Denczak

    2023 Ohio 1545 (Ohio Ct. App. 2023)

    Threats of violence constitute domestic violence for the purposes of R.C. 3113.31 if they (sic) fear resulting from those threats is reasonable. Fleckner at ¶ 21, quoting Lavery v. Lavery (Dec. 5, 2001), 9th Dist. No. 20616, appeal not allowed (2002), 95 Ohio St.3d 1409 (internal quotation marks omitted). The reasonableness of the fear should be determined with reference to the history between the petitioner and the respondent.

  6. J.F. v. A.F.

    2022 Ohio 441 (Ohio Ct. App. 2022)

    "Threats of violence constitute domestic violence for the purposes of R.C. 3113.31 if the fear resulting from those threats is reasonable." Fleckner [v. Fleckner, 10th Dist. No. 07AP-988, 2008-Ohio-4000] at ¶ 21, quoting Lavery v. Lavery (Dec. 5, 2001), 9th Dist. No. 20616, appeal not allowed (2002), 95 Ohio St.3d 1409 (internal quotation marks omitted). "The reasonableness of the fear should be determined with reference to the history between the petitioner and the respondent."

  7. R.S. v. J.H.

    2022 Ohio 40 (Ohio Ct. App. 2022)

    Fleckner at ¶ 21, quoting Lavery v. Lavery (Dec. 5, 2001), 9th Dist. No. 20616, appeal not allowed (2002), 95 Ohio St.3d 1409 (internal quotation marks omitted).

  8. Hamon v. Weeks

    2021 Ohio 1770 (Ohio Ct. App. 2021)

    {¶9} "'Threats of violence constitute domestic violence for the purpose of R.C. 3113.31 if the fear resulting from those threats is reasonable.'" McGuire v. Sprinkle, 12th Dist. Warren No. CA2006-06-069, 2007-Ohio-2705, ¶ 15, quoting Lavery v. Lavery, 9th Dist. Summit No. 20616, 2001 WL 1545663, *2 (Dec. 5, 2001). "The reasonableness of the fear should be determined with reference to the history between the petitioner and the defendant."

  9. Ferguson v. Ferguson

    2021 Ohio 297 (Ohio Ct. App. 2021)

    Threats of violence constitute domestic violence for the purposes of R.C. 3113.31 if they fear resulting from those threats is reasonable. Fleckner at ¶ 21, quoting Lavery v. Lavery (Dec. 5, 2001), 9th Dist. No. 20616, appeal not allowed (2002), 95 Ohio St.3d 1409 (internal quotation marks omitted). The reasonableness of the fear should be determined with reference to the history between the petitioner and the respondent.

  10. Halcomb v. Greenwood

    2019 Ohio 194 (Ohio Ct. App. 2019)

    {¶ 5} "'Threats of violence constitute domestic violence for the purpose of R.C. 3113.31 if the fear resulting from those threats is reasonable.'" McGuire v. Sprinkle, 12th Dist. Warren No. CA2006-06-069, 2007-Ohio-2705, ¶ 15, quoting Lavery v. Lavery, 9th Dist. Summit No. 20616, 2001 Ohio App. LEXIS 5360, *4 (Dec. 5, 2001). "The reasonableness of the fear should be determined with reference to the history between the petitioner and the defendant."