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Middletown v. Walker
Citations: 669 N.E.2d 69; 107 Ohio App. 3d 516Docket: No. CA95-08-144.
Court: Ohio Court of Appeals; November 26, 1995; Ohio; State Appellate Court
Ronnell Walker appeals a conviction for domestic violence under Middletown Codified Ordinances 636.17(a), following allegations by Monique S. Patterson of verbal threats and physical aggression on August 2, 1995. The primary contention of Walker is that the evidence was insufficient to establish that Patterson qualifies as a "family or household member" under the relevant statute. The ordinance defines a "family or household member" as someone who has resided or currently resides with the offender and falls into specific relational categories, such as spouses, parents, or children. Patterson testified that she had been dating Walker for four years, but both maintained separate residences and had no children together. There was also no evidence of any familial relationship between them. The court found that the state failed to prove a critical element of the offense—that Patterson was a family or household member as defined by the law. Consequently, the appellate court reversed the judgment of the Middletown Municipal Court, vacated the conviction, and ordered Walker's discharge. The decision was concurred by Judges Walsh and Young.