Cyran v. Cyran

Rebecca and Curtis divorced. A shared-parenting decree was put into effect for their sons. In June 2015, Rebecca sought a domestic-violence civil protection order against Curtis, R.C. 3113.31, stating that she was approaching Curtis’s house to pick up the children when Curtis rushed out and threw her backward into the bushes and said Rebecca was lucky that he did not shoot her. In August 2015, the court entered a permanent domestic-violence civil protection order that expired on June 19, 2016. On September 9, the appellate court issued a show-cause order asking the parties to explain why an appeal should not be dismissed as moot because the protection order had expired. Curtis responded that Rebecca had sought the order as leverage for future post-divorce proceedings and that he faced possible collateral consequences concerning his concealed-firearm permit, his credit report, his ability to obtain housing, drive certain vehicles, and obtain future employment. Rebecca did not respond. The appellate court dismissed. The Supreme Court of Ohio affirmed. Absent demonstrated legal collateral consequences, the collateral-consequences exception to the mootness doctrine does not apply to an expired domestic-violence civil protection order. The court declined to establish a rebuttable presumption that an appeal from an expired domestic-violence civil protection order is not moot. View "Cyran v. Cyran" on Justia Law