Case Summaries: Stalking - Jurisdiction
Irwin v. Murray
Irwin v. Murray, 2006-Ohio-1633 (6th Dist., Lucas, 3/31/06). General division of common pleas court has jurisdiction over stalking CPO petition even when the victim and the stalker have previously lived together, and res judicata is inapplicable to stalking CPO case filed after dismissal of victims earlier domestic violence CPO petition because the stalking and domestic violence CPO statutes are separate tools that offer distinct forms of relief.
Keywords: collateral estoppel, claim preclusion, issue preclusion
Date: 6/5/2006
Reynolds v. Whitney
2004 WL 626872, 2004-Ohio-1628, No. 02AP-1048 (Franklin, 10th Dist., 3/31/2004) (Issuance of stalking CPO reversed by court of appeals for lack of subject matter jurisdiction where petitioner did not reside in county in which action was brought).
Keywords:
Date: 3/24/2005
Court Rules That Neither State Nor Federal Court Has Authority To Issue A Stalking CPO Against Air Force Employee
A federal district court in Dayton, Ohio ruled that neither state court nor federal court had authority to issue a stalking civil protection order against a Wright-Patterson Air Force Base employee on behalf of another Wright-Patterson Air Force Base employee for alleged acts of menacing by stalking that occurred in the parties workplace. State courts do not have jurisdiction because federal courts have exclusive jurisdiction "to regulate the relationship between civilian employees of the U. S. Air Force during the course of their employment." The federal court further ruled that the petitioner had failed to state a claim for which relief could be granted in federal court because federal law did not authorize the issuance of a stalking protection order. Therefore, the federal court dismissed with prejudice the victims request for a stalking civil protection order, leaving her without any opportunity to obtain a protection order in either state or federal court. This case suggests that other federal government employees who are stalked by co-employees at their workplace may not be able to obtain protection orders. The key determining factor is whether the federal workplace is located in a "federal enclave" or "federal territory", and thus falls within the exclusive legislative jurisdiction of congress. Dezarn vs. Jordan, Case No. C-3-02-056 (F.D. Ohio, April 23, 2002):
Keywords: military, remedy, dismissal, co-worker, jurisdiction
Date: 8/26/2002
