What protection looked like: Stow Municipal Court and Magistrate Collins

The Professionals · Part 2 · Stow Municipal Court, February and March 2022 · Magistrate Stephan Collins, May 6, 2022

This page is different from the others in this series. Before Summit County, there was Stow. After my ex-husband got violent with me on February 15, 2022 (the Sagamore Hills police arrested him that day), the Stow Municipal Court protected me first, and Judge Kim R. Hoover made him answer for it. Three months later, Magistrate Stephan Collins of the Summit County Domestic Relations Court protected my sons and me. This is what protection looked like, before it was taken away.

What happened

Stow, February and March 2022. The day after the incident, the Stow Municipal Court issued a domestic violence temporary protection order for me in the criminal case against my ex-husband (Stow Municipal Court, DVTPO granted 2/16/22). On March 17, 2022, he stood before Judge Kim R. Hoover. Judge Hoover told him violence toward a woman made him angry, looked him in the eye and made him say what he had done, and warned him about jail. My ex-husband pled down to disorderly conduct and was placed on community control, with violence classes as a special condition.

Summit County, May 6, 2022. I filed a petition for a domestic violence civil protection order against my ex-husband (Summit County Domestic Relations Court, DR-2022-05-1201). Magistrate Collins heard it the same afternoon. I was sworn in and he questioned me himself. Before the hearing ended he had given me exclusive use of our house, made me the sole custodial parent of my sons, suspended my ex-husband's parenting time, ordered that he have no deadly weapons, and set a full hearing for twelve days later. He explained to me, step by step, how to get the order served and how to protect my sons at school. His written order, filed the next court day, matched what he said from the bench.

Part one: Stow Municipal Court

1. The criminal case

2. February 16, 2022: the court protected me the next day

The protection order is the court's own form, Form 10.02-A, under R.C. 2919.26. It names me as the protected person, is file-stamped February 16, 2022 at 11:20 AM, and lists Judge Lisa L. Coates in the caption (DVTPO, pages 1 and 5 of 5). The court found:

"The Court finds that the Motion for a Domestic Violence Temporary Protection Order is well-taken. The Court finds that the safety and protection of the Alleged Victim and protected persons named in this Order may be impaired by the continued presence of the Defendant unless the Court acts."

It also states that its orders "are designed to ensure the safety and protection of the protected person named in this Order and are issued to Defendant as pretrial conditions in addition to any bail" (DVTPO, page 2 of 5).

The terms marked on the order:

ProtectionWhat the February 16, 2022 order says
No abuse"Defendant shall not abuse, harm, attempt to harm, threaten, follow, stalk, harass…" the protected person (page 2)
Where I live and workHe "shall not enter or interfere with the residence, school, business, place of employment" of the protected person, "even with the permission of a protected person" (¶1)
My home and servicesHe "shall not interfere with the protected persons' right to occupy any residence," including by cutting off utilities, phone or internet, or mail (¶2)
No surveillanceHe "shall not use any form of electronic surveillance on protected persons" (¶6)
My propertyHe "shall not remove, damage, hide, or dispose of any property" or pets of mine (¶7)
No one acting for himHe "shall not cause or encourage any person to do any act prohibited by this Order" (¶9)
WeaponsHe "shall not possess, use, carry, or obtain any deadly weapon" while the order is in effect (¶10), and his concealed carry license "is now subject to R.C. 2923.128" (¶12)
Coming to the houseHe could pick up clothing and personal effects "only in the company of a uniformed law enforcement officer" (¶13)
How longEffective until the court modified it or the criminal case was disposed of (¶18)

3. March 17, 2022: Judge Hoover made him answer for it

On March 17, 2022, my ex-husband stood before Judge Kim R. Hoover of the Stow Municipal Court. The charge was being reduced to disorderly conduct. Judge Hoover did not let that pass quietly.

  • He named it for what it was. "There's no such thing as domestic violence in the Stow Municipal Court. What there is is there's disorderly conduct that starts as domestic violence. I'm not sure that does anybody any good." (Stow audio excerpt, 3/17/22, 1:44–1:57)
  • He said it made him angry. "You hear it makes me angry. I hear about a man doing anything toward a woman that's physical. I think, really? You want to live the law of the jungle?" (Stow audio excerpt, 3/17/22, 2:05–2:16)
  • He warned him about jail. "What if I put you down at the county jail and let you spend a couple of nights just to find out where you fit in the spectrum of angry and violent?" (Stow audio excerpt, 3/17/22, 2:16–2:24)
  • He made him say what he did. "Kick a glass […] out of someone's hand? […] Is that what happened?" and then, "I'm looking you square in the eyes and say, is that what happened?" (Stow audio excerpt, 3/17/22, 2:26–2:33 and 2:49–2:52)
  • He explained why he takes these cases seriously. He told the courtroom about an earlier case in which the court accepted a deal and the husband later killed his wife and himself, and how the newspaper asked, "What was wrong with Hoover? He didn't see this coming?" Then he asked, "You see why I question these things?" (Stow audio excerpt, 3/17/22, 4:47–6:52)

4. What he said, and what was written

What was said in courtWhat was written or sworn
The admission"I'm looking you square in the eyes and say, is that what happened?" (Stow audio excerpt, 3/17/22, 2:49–2:52)Two months later, under oath, my ex-husband was asked about this exchange: "I think the exact thing he said was, you know, I'm looking you in the eye. Did you -- did you kick the glass […] out of her hand? And what -- what was your response to him? A. I said yes." (5/20/22 hearing transcript, DR-2022-03-0667 / DR-2022-05-1201, cross-examination, 213:9–221:25) He also testified, "I admitted to what had taken place, and -- and I accepted what I had done" (same transcript, 137:9–145:10).
The charge"…disorderly conduct that starts as domestic violence." (Stow audio excerpt, 3/17/22, 1:48–1:55)"I -- I pled guilty, but pled down to a disorderly conduct charge." (5/20/22 hearing transcript, 128:11–136:19)
ConsequencesHe was told in court that the reduced charge "is still punishable by up to $250, up to 30 days in jail or both. Do you understand that?" (Stow audio excerpt, 3/17/22, 2:55–3:05)Stow Municipal Court Community Control Department, Rules of Community Control, signed March 17, 2022: under R.C. 2951.02 he was placed on community control, subject to revocation "for cause shown" and to arrest "without a warrant" by a community control officer; he had to obey all laws, report as directed, obtain counseling as the court or community control directed, and not leave Ohio without permission.
The violence"…to find out where you fit in the spectrum of angry and violent." (Stow audio excerpt, 3/17/22, 2:16–2:24)The special conditions handwritten on the same rules include "VIP classes." In May he testified that he had "a monthly meeting with my probation officer" and "a violence class, which is once a month for the next three months" (5/20/22 hearing transcript, 137:9–145:10).

5. How Stow fit with the Summit County cases

Part two: Magistrate Stephan Collins

6. The hearing

7. He believed me

His written order states the finding the law requires before a court can protect anyone this quickly:

"The Court finds that the protected persons herein are in immediate and present danger of domestic violence and for good cause shown the following temporary orders are necessary to protect the persons named in this Order from domestic violence."

The protected persons named in the order were me and my two sons (ex parte protection order, DR-2022-05-1201, filed 5/9/22, pages 1–2). He did not make me prove everything that afternoon. He took my sworn word, looked at what I brought, and protected us.

8. What he ordered from the bench

ProtectionWhat he said, May 6, 2022Written order, filed May 9, 2022
Our home"I'm giving her exclusive use of the house. Because it's the former marital residence, he has the right to go back there whenever he feels like it, so now he doesn't." (certified transcript, 5/6/22, 11:12–17)Exclusive possession of the residence granted to me (paragraph 2)
My sons"[Carey Ann] will be sole custodial parent." (certified transcript, 5/6/22, 12:8–9)"Parental rights and responsibilities are temporarily allocated as follows: [Carey Ann] shall be sole custodial parent," applying to both of my sons (paragraph 17)
His parenting timeHe suspended my ex-husband's parenting time until the full hearing (certified transcript, 5/6/22, 12:12–14)Respondent's parenting time suspended (paragraph 18)
Weapons"No deadly weapons. Concealed carry license revoked." (certified transcript, 5/6/22, 12:2–3)Deadly weapons to be turned over; concealed carry license "now subject to R.C. 2923.128" (paragraphs 14–15)
Help from police"So law enforcement, parental rights, no parenting time…" (certified transcript, 5/6/22, 14:3–4)Law enforcement ordered to assist me in gaining physical custody of my sons if necessary (paragraph 19)
The full hearingHe set it himself, before Magistrate Elisa Hill: "hearing type DV-EV, Elisa Hill" and "May 18th at 1000" (certified transcript, 5/6/22, 12:17–13:5)"A full hearing… shall be held before… Elisa Hill on the 18th day of May, 2022 at 1000" (page 6)

9. He explained what to do next

He did not just sign an order and send me out the door. He walked me through how to make it work:

10. The written order matched what he said

The written ex parte order was filed on Monday, May 9, 2022, the next court day, signed "Magistrate Stephan Collins" (ex parte protection order, DR-2022-05-1201, file stamp 5/9/22, page 6). Every protection he announced from the bench is in it, and the full-hearing date and magistrate are the ones he set in the courtroom (see the table in section 8).

11. What happened next

The full hearing did not go ahead on May 18 as he set it. On May 20, 2022, my protection order and my ex-husband's emergency motion for custody were heard together, all day, before Judge Susan K. Steinhauer. Judge Steinhauer's June 8, 2022 order named my ex-husband the temporary legal custodian and residential parent of my sons, with supervised time for me (DR-2022-03-0667, docket #36). Her June 9, 2022 full protection order protected only me, and allowed my sons' return to him.

That story is told on the page about Judge Steinhauer and in Chapter Four.

Sources

Children's names, birthdates, schools and addresses are redacted from every exhibit. Exhibits are excerpts. Full copies are kept for counsel and the appropriate authorities.

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