Case Summaries: Stalking - Criminal Double Jepardy

City of Westlake v. Patrick

City of Westlake v. Patrick, 2005-Ohio-4419 (8th Dist., Cuyahoga, 8/25/05). No double jeopardy for filing a criminal prosecution for violating a stalking order of protection following a civil contempt finding for the same violation, because double jeopardy claims generally are applicable only where a contempt finding is criminal rather than civil, the contempt scheme is not so punitive in purpose or effect as to transform a civil remedy into a criminal penalty, and the prior contempt action did not require proof of a mens rea in contrast to the "acted recklessly" requirement of the criminal offense of violating a protection order.

Keywords: violation, sanction

Date: 6/5/2006