Monday, October 10, 2016

Religious Comment Does Not Invalidate Civil Protection Order

In Majeed v. Majeed, (OH App., Oct. 7, 2016), an Ohio appellate court held that a religious comment made by a magistrate at the end of a hearing at which the magistrate agreed to issue a wife a domestic violence civil protection order was not grounds for overturning the order.  The wife, who testified that her husband was Muslim, had the following exchange with the magistrate at the end of the hearing at which the husband did not appear:
The Petitioner: Thank you very much for your time. The Court: Be careful. Take care of yourself. The Petitioner: Yes, with God’s help I’ve been depressed and it’s the worst feeling in the world to feel like Jesus is not real. I just got back with Jesus and I’d like it to stay there.  The Court: An[d] He would like you to stay there also. The Petitioner: Yes, ma’am. The Court: Thank you, ma’am. The Petitioner: God bless.
The appeals court said in part: "there is nothing in the record to indicate that religious beliefs affected the trial court’s issuance of a domestic violence CPO."