Bellbrook, OH
Divorce and separation Lawyer at Bellbrook, OH
Practice Areas: Divorce & Separation, Tax ... +2 more
OUTCOME: The trial court's judgment was affirmed
Husband appealed the trial court’s judgment finding him in contempt because Husband exercised Wife's share of the options and sold her stock without her authorization and then improperly deducted fro ... m her net proceeds her share of the tax liability incurred on the sale.
OUTCOME: Judgment reversed
Wife appealed judgment of the trial court that found her in contempt for interfering with her former Husband's phone calls with their daughter.
OUTCOME: The judgment of the trial court was reversed and the matter was remanded for proceedings consistent with R.C. 2945.40(C).
The 2009 order provided in part that appellant was to reside in a supervised group home setting and receive intensive monitoring including daily face-to-face meetings with her case manager to monitor m ... edication intake. It was undisputed that the trial court did not advise appellant of her rights pursuant to R.C. 2945.40(C) at her conditional release hearing. The State further asserted that the error did not affect a substantial right. The appeals court disagreed. R.C. 2945.40(C) imposed a mandatory duty upon the trial court to advise appellant of her rights. Her liberty interest was at issue and she was entitled to be informed of her rights, including her right to seek an independent expert evaluation on the subject of conditional release. It was clear that appellant opposed the revised 2009 conditional release plan which was more restrictive than her previous plan. Her opposition to the new plan raised a substantial objection that warranted an independent evaluation. Significantly, her loss of privileges was a result of seeking independent psychiatric care, and no evidence was adduced that this effort on appellant's part in fact impaired her on-going supervision and treatment.
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