The Supreme Court of Ohio says a person does not have to prove they already suffered mental distress to get a civil stalking protection order.
In a 5–2 decision Tuesday, the court ruled it’s enough for a petitioner to believe continued encounters with the accused will cause mental distress.
The ruling clears up conflicting interpretations of Ohio law, after some courts required proof that distress had already occurred. The justices said the statute’s plain language only requires a belief that harm or mental distress will happen.
The case stemmed from a long-running dispute between two men connected through a divorce. Lower courts granted a protection order, and the Supreme Court affirmed that decision.
Two justices dissented, arguing the law is ambiguous and should be read to require proof of actual mental distress.
