An Ohio Court of Appeals has overturned a conviction for domestic violence where the defendant only “shoved” the alleged victim.
The case is State v. Kemper, 2012-Ohio-5958.
The defendant was in a romantic relationship with his girlfriend for approximately two years. They lived together until they broke up in October 2009. The next month, the Defendant returned to the home he once shared with his girlfriend to retrieve his clothes and television. He believed that he had her permission to return, and asked his friend to accompany him.
The girlfriend did not permit entry so the Defendant shoved open the door, also perhaps shoving his girlfriend. She called 911. The two then struggled over the television.
The girlfriend obtained a protection order against the defendant.
Several months later, the girlfriend reported to police that the defendant had come by her home. She also believed that the defendant had arranged for someone to break into her home and was harassing her on the telephone.
The defendant was convicted to assault and violating the protection order.