[Cite as Sowders v. Sowders, 2012-Ohio-4786.]
COURT OF APPEALS
ASHLAND COUNTY, OHIO
FIFTH APPELLATE DISTRICT
JUDGES:
KIM SOWDERS : Hon. Patricia A. Delaney, P.J.
: Hon. W. Scott Gwin, J.
Petitioner-Appellant : Hon. William B. Hoffman, J.
:
-vs- :
: Case No. 2012-CA-17
JAMES SOWDERS :
:
Respondent-Appellee : OPINION
CHARACTER OF PROCEEDING: Civil appeal from the Ashland County Court
of Common Pleas, Domestic Relations
Division, Case No. 12-DMV-059
JUDGMENT: Reversed and Remanded
DATE OF JUDGMENT ENTRY: October 15, 2012
APPEARANCES:
For Petitioner-Appellant For Respondent-Appellee
CARL ANDERSON
DENISE ZANNI
Legal Aid of Western Ohio, Inc. (LAWO)
109 West Water Street
Sandusky, OH 44870
[Cite as Sowders v. Sowders, 2012-Ohio-4786.]
Gwin, J.,
{¶1} Petitioner Kim Sowders appeals a judgment of the Court of Common
Pleas, Domestic Relations Division, of Ashland County, Ohio, which taxed court costs to
her after she requested dismissal of the civil protection order she had previously
obtained against respondent-appellee James Sowders. Appellant assigns a single error
to the trial court:
{¶2} “I. THE TRIAL COURT ERRED IN TAXING COURT COSTS TO THE
APPELLANT AFTER GRANTING AN EX PARTE CIVIL PROTECTION ORDER AND
SUBSEQUENTLY DISMISSING THE PETITION AND VACATING THE EX PARTE CIVIL
PROTECTION ORDER PRIOR TO A FULL HEARING BECAUSE THE DISMISSAL FALLS
WITHIN THE SCOPE OF O.R.C. §3113.31 (J) AND THEREFORE, THE TRIAL COURT
SHOULD NOT TAX COURT COSTS TO THE APPELLANT.”
{¶3} The record indicates the court granted appellant an ex parte civil protection
order on April 5, 2012. On April 16, 2012, a magistrate called the matter for a full hearing.
Appellant and appellee both appeared. The magistrate found appellant requested dismissal
of the petition because the appellee was now currently taking his prescription medications.
The magistrate dismissed the petition and vacated the ex parte domestic violence civil
protection order.
{¶4} Upon reviewing the magistrate’s decision, the court found the magistrate had
inadvertently omitted assigning costs, and ordered the costs taxed to appellant.
{¶5} Appellant cites us to 42 U.S.C. 3796 (gg)(5), which provides a court cannot
tax court costs or fees to a petitioner in connection with the filing of a civil protection order.
In accord with the federal law, Ohio enacted R.C. 3113.31(J). The statute states:
Ashland County, Case No. 2012-CA-17 3
Notwithstanding any provision of law to the contrary and regardless of
whether a protection order is issued or a consent agreement is approved
by a court of another county or a court of another state, no court or unit of
state or local government shall charge any fee, cost, deposit, or money in
connection with the filing of a petition pursuant to this section or in
connection with the filing, issuance, registration, or service of a protection
order or consent agreement, or for obtaining a certified copy of a
protection order or consent agreement.
{¶6} Appellant concedes there is no specific language addressing the dismissal of
a civil protection order but apparently concedes court costs could be taxed to a petitioner if
the court finds the petitioner is not a victim of domestic violence or if the matter falls outside
the purview of the statute.
{¶7} Appellant also calls our attention to Ohio Supreme Court Forms 10.01-K and
10.01– L. These forms provide only for court costs to be taxed to the respondent or waived.
{¶8} The trial court stated no facts or other explanation for its order taxing the
costs to appellant, but only found they had been omitted. We conclude the trial court erred.
{¶9} The assignment of error is sustained.
Ashland County, Case No. 2012-CA-17 4
{¶10} For the reasons stated in the attached memorandum opinion, the judgment of
the Court of Common Pleas, Domestic Relations Division, of Ashland County, Ohio, is
reversed, and the cause is remanded to the court for further proceedings in accord with law
and consistent with this opinion.
By Gwin, J.,
Delaney, P.J., and
Hoffman, J., concur
_________________________________
HON. W. SCOTT GWIN
_________________________________
HON. PATRICIA A. DELANEY
_________________________________
WSG:clw 0925 HON. WILLIAM B. HOFFMAN
[Cite as Sowders v. Sowders, 2012-Ohio-4786.]
IN THE COURT OF APPEALS FOR ASHLAND COUNTY, OHIO
FIFTH APPELLATE DISTRICT
KIM SOWDERS :
:
Petitioner-Appellant :
:
:
-vs- : JUDGMENT ENTRY
:
JAMES SOWDERS :
:
:
Respondent-Appellee : CASE NO. 2012-CA-17
For the reasons stated in our accompanying Memorandum-Opinion, the judgment
of the Court of Common Pleas, Domestic Relations Division, of Ashland County, Ohio, is
reversed, and the cause is remanded to the court for further proceedings in accord with law
and consistent with this opinion. Costs to be waived.
_________________________________
HON. W. SCOTT GWIN
_________________________________
HON. PATRICIA A. DELANEY
_________________________________
HON. WILLIAM B. HOFFMAN