Hoyt v. Heindell

2010 Ohio 6058, 946 N.E.2d 258, 191 Ohio App. 3d 373
CourtOhio Court of Appeals
DecidedDecember 10, 2010
DocketNos. 2009-L-151 and 2009-L-152
StatusPublished
Cited by11 cases

This text of 2010 Ohio 6058 (Hoyt v. Heindell) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hoyt v. Heindell, 2010 Ohio 6058, 946 N.E.2d 258, 191 Ohio App. 3d 373 (Ohio Ct. App. 2010).

Opinions

Timothy P. Cannon, Judge.

{¶ 1} Appellants, Richard S. and Elizabeth J. Heindell, appeal the judgments entered by the Domestic Relations Division of the Lake County Court of Common Pleas. The trial court issued civil protection orders against the Heindells.

{¶ 2} Appellee, Jason Hoyt, and Elizabeth Heindell have a child together, E.H., who was born in 1996.1 Hoyt and Elizabeth Heindell were never married. A custody proceeding took place in the Juvenile Division of the Lake County Court of Common Pleas, resulting in Elizabeth Heindell’s being designated the residential parent of E.H. Hoyt had visitation with E.H. on alternating weekends. At the time of the incident in question, Elizabeth Heindell lived in Willoughby, Ohio, and Hoyt resided in Jefferson, Ohio.

{¶ 3} In 1999, Elizabeth Heindell married Richard Heindell. In addition to E.H. and Richard Heindell’s children from a previous relationship, the Heindells have three children together.

{¶ 4} On Sunday, January 4, 2009, E.H. was concluding his weekend visitation at Hoyt’s residence. The Heindells traveled to Hoyt’s home to pick up E.H. in their van, with Richard Heindell driving, Elizabeth Heindell in the front passenger seat, and their three children in the back. Upon the Heindells’ arrival at Hoyt’s residence, E.H. entered their van. E.H. stayed in the van only a few seconds and then went back into Hoyt’s residence under the pretext of retrieving a notebook. Once inside, E.H. told Hoyt that there was an open container of beer in the cup holder of the center console of the van. Hoyt contacted the Jefferson Police Department, and Patrolman Gregory Lachey responded to the scene.

{¶ 5} Patrolman Lachey asked Richard Heindell if there were any containers of alcohol in the vehicle, which Richard Heindell initially denied. However, during a search of the vehicle, four empty beer cans were found in the center console. Patrolman Lachey performed field sobriety tests on Richard Heindell. At the hearing, Patrolman Lachey testified that Richard Heindell passed the finger-to-nose and heel-to-toe tests, but failed the one-leg-stand test.2 Richard Heindell told Patrolman Lachey that he had consumed three beers during the afternoon prior to leaving for Hoyt’s residence.

[376]*376{¶ 6} Patrolman Lachey did not arrest Richard Heindell for operating a motor vehicle while under the influence of alcohol (“OVI”) or for child endangering. However, he testified that he gave Richard Heindell a “misdemeanor citation” but did not specify what the citation was for. Patrolman Lachey permitted the Heindells and E.H. to leave when another family member arrived to drive the vehicle.

{¶ 7} On January 8, 2009, Hoyt filed a petition for a domestic-violence civil protection order against Elizabeth Heindell on behalf of E.H. This matter was assigned case No. 09 DV 000002. In addition, Hoyt filed a petition for a domestic-violence civil protection order against Richard Heindell on behalf of E.H. This matter was assigned case No. 09 DV 000003. These matters were not specifically consolidated at the trial court level; however, the pleadings in both cases were substantially similar. For purposes of this appeal, we will generally refer to the pleadings in a consolidated fashion, while noting any differences between the two cases.

{¶ 8} After considering Hoyt’s petitions, the trial court, pursuant to R.C. 3113.31, issued ex parte domestic-violence civil protection orders against the Heindells. These orders prohibited the Heindells from several activities, including (1) abusing, harming, or threatening E.H., (2) entering E.H.’s school or the school grounds, (3) being within 500 feet of E.H. (except for visitation by Elizabeth Heindell as provided in the ex parte order), (4) having contact with E.H. (except for visitation by Elizabeth Heindell as provided in the order), (5) using or possessing deadly weapons, and (6) using or possessing illegal drugs or alcoholic beverages. The ex parte orders temporarily allocated parental rights and responsibilities for E.H. to Hoyt. In relation to Elizabeth Heindell, the ex parte order granted her weekend visitation with E.H. pursuant to the court’s standard order. However, Elizabeth Heindell was not permitted to transport E.H.; instead, she was required to have a licensed, insured driver who had not consumed alcohol within the prior 24 hours transport him. In relation to Richard Heindell, the ex parte order did not provide for visitation with E.H.

{¶ 9} In March 2009, in relation to Elizabeth Heindell, Hoyt filed a motion to show cause as to why she should not be held in contempt of the court’s ex parte order. The motion alleged that Elizabeth Heindell violated the order by drinking alcohol and by going to E.H.’s school.

{¶ 10} On April 27, 2009, the matter came on for a full hearing in front of the domestic-relations magistrate. At the hearing, several witnesses testified, including the Heindells, Hoyt, Patrolman Lachey, and E.H. The majority of the testimony concerned the incident on January 4, 2009. In addition, E.H. testified about other instances when Richard Heindell had consumed beer while driving. E.H.’s testimony was quite specific, as he described that Richard Heindell would [377]*377hold the beer between his legs or place it in the cup holder of the vehicle. Further, he stated that Richard Heindell referred to the beer he drinks while driving as “road pop.” Also, he testified that Richard Heindell would place the empty beer cans in the center console of the vehicle. E.H. testified that Elizabeth Heindell sometimes drank beer in the vehicle while riding with Richard Heindell.

{¶ 11} Following the hearing, the magistrate issued decisions recommending that civil protection orders be issued against the Heindells. Further, while the magistrate found that Elizabeth Heindell violated the ex parte order by drinking alcohol and by going to E.H.’s school, she did not recommend a finding of contempt.

{¶ 12} The Heindells filed objections to the magistrate’s decisions. Also, with leave of court, they filed supplemental objections to the magistrate’s decisions after the transcript was completed. The Heindells objected to the magistrate’s decisions on the basis that there was insufficient evidence presented to support the issuance of civil protection orders.

{¶ 13} The trial court overruled the Heindells’ objections to the magistrate’s decisions and adopted the magistrate’s decisions. The trial court issued domestic-violence civil protection orders against the Heindells. These orders prohibited the Heindells from several activities, including (1) abusing, harming, or threatening E.H., (2) entering E.H.’s school or the school grounds, (3) being within 500 feet of E.H., (4) having contact with E.H., and (5) using or possessing deadly weapons. In relation to Elizabeth Heindell, the civil protection order prohibited her from using or possessing illegal drugs or alcoholic beverages. As it pertained to Richard Heindell, the civil protection order prohibited him from using or possessing illegal drugs; however, the standard language restricting the use or possession of alcoholic beverages was interlined. One of the civil protection orders designated Hoyt as the temporary residential parent and legal custodian of E.H. In relation to Elizabeth Heindell, the civil protection order granted her visitation pursuant to the court’s standard order. Richard Heindell was permitted to accompany Elizabeth Heindell to the visitations, so long as they remained married. The Heindells’ visitation with E.H.

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Cite This Page — Counsel Stack

Bluebook (online)
2010 Ohio 6058, 946 N.E.2d 258, 191 Ohio App. 3d 373, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hoyt-v-heindell-ohioctapp-2010.