[Cite as Halcomb v. Greenwood, 2020-Ohio-2768.]

IN THE COURT OF APPEALS 

TWELFTH APPELLATE DISTRICT OF OHIO 

CLERMONT COUNTY 

RONALD J. HALCOMB, 

 

 Appellee and Cross-Appellant, 

 - vs - 

SCOTT GREENWOOD, 

 

 Appellant and Cross-Appellee. 

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CASE NOS. CA2019-03-019 

 CA2019-03-020 

 CA2019-03-023 

 CA2019-03-024 

O P I N I O N 

5/4/2020 

 

APPEAL FROM CLERMONT COUNTY COURT OF COMMON PLEAS 

DOMESTIC RELATIONS DIVISION 

Case Nos. 2017DRH00377 and 2017DRH00540 

Barbara J. Howard Co., L.P.A., Melissa Thompson Millard, 120 E. 4th Street, Suite 960, 

Cincinnati, Ohio 45202, for appellee and cross-appellant 

Blake P. Somers, L.L.C., Blake P. Somers, 114 E. 8th Street, Cincinnati, Ohio 45202, for 

appellant and cross-appellee 

 M. POWELL, P.J.

{¶ 1} Appellant, Scott Greenwood ("Greenwood"), and appellee, Ronald J. 

Halcomb ("Halcomb"), both appeal the decision from the Clermont County Court of 

Common Pleas, Domestic Relations Division modifying their respective domestic violence 

civil protection orders ("DVCPO") against each other after remand by this court. For the 
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reasons stated below, we reverse the decision of the trial court. 

{¶ 2} In March 2017, Halcomb petitioned the trial court for a DVCPO against 

Greenwood. The trial court granted an ex parte temporary DVCPO to Halcomb. Then in 

early May 2017, Greenwood petitioned the trial court for a DVCPO against Halcomb. The 

trial court likewise granted an ex parte temporary DVCPO to Greenwood. The petitions of 

each party sought an order for exclusive occupancy of their residence (the "Residence"). 

{¶ 3} The parties' petitions proceeded to a full hearing before a magistrate. During 

the hearing, Greenwood withdrew his request for exclusive occupancy of the Residence. 

After the hearing, the magistrate dismissed both petitions. Both parties filed objections to 

the magistrate's dismissal. On review, the trial court sustained both parties' objections and 

granted a DVCPO to each party. Relevant to this appeal, the trial court refused to grant 

either party exclusive occupancy of the Residence or the right to exclude the other from the 

Residence; but ordered each party to stay at least 500 feet away from the other and 

specifically made the 500-foot protection zone applicable within the Residence. Both 

parties appealed the trial court's decision. 

{¶ 4} On appeal, this court affirmed the decision to grant both parties a DVCPO and 

affirmed the decision to deny Halcomb exclusive occupancy of the Residence.1 Halcomb 

v. Greenwood, 12th Dist. Clermont Nos. CA2018-03-008, CA2018-03-010, CA2018-03-

012, and CA2018-03-013, 2019-Ohio-194, ¶ 42, ¶ 47, and ¶ 66 ("Halcomb I"). However, 

this court found error in the conditions imposed by the DVCPOs. Specifically, this court 

held that the trial court abused its discretion when it allowed both parties to have access to 

the Residence but also required each party to remain 500 feet away from each other, finding 

such a condition "untenable." Id. at ¶ 1. Therefore, this court reversed, in part, and 

 

1. Only Halcomb assigned error in the trial court's refusal to award him exclusive occupancy of the Residence. 
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remanded for the trial court to modify the conditions of the DVCPO to "fit more fully within 

the unique facts and circumstances of this case." Id. at ¶ 71. 

{¶ 5} On remand, the trial court modified the conditions of both parties' DVCPOs to 

provide that it is "not a violation of the Civil Protection Order if the Respondent comes within 

500 feet of the Petitioner while at the residence, including the entire lot and all structures 

on the lot." Therefore, the trial court modified the respective DVCPOs by removing the 

condition for the parties to stay 500 feet away from the other while they are in the Residence. 

{¶ 6} Both parties have appealed from the trial court's amended orders raising the 

same assignment of error. We will discuss the assigned errors together. 

{¶ 7} Joint Assignment of Error: 

{¶ 8} THE TRIAL COURT ERRED WHEN IT ISSUED AN AMENDED DOMESTIC 

VIOLENCE CIVIL PROTECTION ORDER WHICH DID NOT COMPORT WITH THIS

COURT'S MANDATE ON REMAND AND ALLOWS BOTH PARTIES ACCESS TO THEIR 

RESIDENCE WITHOUT RESTRICTION OR PROTECTION. 

{¶ 9} In their respective briefs both parties argue that the trial court abused its 

discretion when it refused to grant sole occupancy of the Residence to one of the parties, 

because the only equitable solution was to restrict access of the other party. 

{¶ 10} This court reviews the scope of a DVCPO for an abuse of discretion. McBride 

v. McBride, 12th Dist. Butler No. CA2011-03-061, 2012-Ohio-2146, ¶ 10. An abuse of 

discretion is more than an error of law or judgment; it implies that the court's attitude was 

unreasonable, arbitrary, or unconscionable. Blakemore v. Blakemore, 5 Ohio St.3d 217, 

219 (1983). 

{¶ 11} Pursuant to R.C. 3113.31, a trial court may grant a petitioner a DVCPO when 

there is a showing that the respondent engaged in an act of domestic violence against the 
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petitioner. The purpose of a DVCPO is the protection of a petitioner from violence by the 

respondent. See e.g. Studer v. Studer, 3d Dist. Crawford No. 3-11-04, 2012-Ohio-2838, ¶ 

19. R.C. 3113.31(E)(1) lists several orders which may be included in a DVCPO to "bring 

about a cessation of domestic violence." Specifically, a trial court may grant possession of 

a residence to the petitioner and evict or order the respondent to vacate a jointly owned or 

leased residence or may order that the respondent "refrain from entering the [petitioner's] 

residence." R.C. 3113.31(E)(1)(b) and (g). 

{¶ 12} The parties' main concern is their respective protected, exclusive, use of the 

Residence. Both parties argue in their briefs that the trial court erred by not awarding each 

sole occupancy and ordering the other to vacate the Residence. As stated above, in 

Halcomb I, this court affirmed the trial court's decision not to grant Halcomb exclusive 

occupancy. Id. at ¶ 66. Typically, such a result would remain the law of the case and 

circumscribe the authority of this court and the trial court on remand regarding the question 

of exclusive occupancy of the Residence. 

{¶ 13} The law of the case doctrine is rooted in principles of res judicata and issue 

preclusion. State ex rel. Union Twp. v. Union Twp. Professional Firefighters, IAFF Loc. 

3412, 12th Dist. Clermont No. CA2013-08-064, 2014-Ohio-1582, ¶ 14. Pursuant to this 

doctrine, the "decision of a reviewing court in a case remains the law of the case on the 

legal questions involved for all subsequent proceedings in the case at both the trial and 

reviewing levels." Mansour v. Croushore, 194 Ohio App.3d 819, 2011-Ohio-3342, ¶ 25 

(12th Dist.), citing Nolan v. Nolan, 11 Ohio St.3d 1, 2-3 (1984). The law of the case doctrine 

does not apply where there has been an intervening decision by a superior court, such as 

the Ohio Supreme Court, that is inconsistent with the law of the case. Hopkins v. Dyer, 104 

Ohio St.3d 461, 2004-Ohio-6769, ¶ 19; accord Roush v. Brown, 12th Dist. Butler No. 
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CA2009-09-225, 2010-Ohio-1520, ¶ 15. However, there is an exception to the general rule 

of the law of the case as the doctrine is considered a rule of practice, rather than a binding 

rule of substantive law and will not be applied so as to achieve unjust results. Hopkins at ¶ 

15; Brackett v. Moler Raceway Park, L.L.C., 12th Dist. Brown No. CA2012-06-009, 2013-

Ohio-1102, ¶ 8. Thus, we should consider whether application of the law of the case 

doctrine to the issue of exclusive occupancy of the Residence may lead to an "unjust result." 

{¶ 14} First, as described in Halcomb I, it is apparent that the parties' relationship is 

such that they cannot interact without the situation deteriorating into a verbal altercation or 

worse, much less share the same living space. The Residence is owned in trust for the 

benefit of both parties. Under those circumstances, absent a court order, neither party may 

legally exclude the other from the Residence. The evidence demonstrates that association 

of the parties is contrary to the purposes for which the General Assembly enacted R.C. 

3113.31 and some order minimizing their contact with each other is necessary. 

{¶ 15} Second, we review the scope of a DVCPO for an abuse of discretion. 

McBride, 2012-Ohio-2146 at ¶ 10. Thus, when we affirmed the trial court's refusal to grant 

Halcomb exclusive occupancy of the Residence in Halcomb I, we found that doing so was 

not an abuse of discretion. However, our affirmance of the trial court's refusal to grant 

Halcomb exclusive occupancy of the Residence was not an indication that such a ruling 

was the only outcome that is not an abuse of discretion. Abuse of discretion review may 

have accommodated several outcomes, including granting exclusive occupancy of the 

Residence to one party or the other, so long as those results are not "unreasonable, 

arbitrary or unconscionable." On remand of Halcomb I, the trial court may have felt 

constrained in granting exclusive occupancy of the Residence to one of the parties due to 

the law of the case doctrine and our affirmance of its refusal to grant Halcomb exclusive 
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occupancy in Halcomb I. 

{¶ 16} Because abuse of discretion review accommodates different outcomes, and 

due to the parties' volatile relationship, application of the law of the case doctrine would 

achieve "unjust results" by circumscribing the trial court's authority to consider all options to 

keep the parties apart from one another. Thus, we find that the law of the case doctrine 

does not apply under the circumstances of this case and the trial court remains free to 

award exclusive occupancy of the Residence to one party or the other or to both, exclusive 

of the other for alternating time periods. We should have addressed this in our remand in 

Halcomb I. 

{¶ 17} For the reasons we have already discussed, we hold that the trial court 

abused its discretion by the manner in which it modified the DVCPOs. It remains untenable 

to allow both parties joint, unfettered occupancy of the Residence. Such an order does not 

promote the purpose of a DVCPO, i.e. to "bring about a cessation of domestic violence." 

R.C. 3113.31(E). 

{¶ 18} Having found that the trial court erred with its amended order, we again 

remand the case to determine an equitable way to condition the reciprocal DVCPOs such 

that they adhere to the fundamental purpose of protecting each party from domestic 

violence by the other. On remand, the trial court may consider granting one party or the 

other exclusive occupancy of the Residence, granting the parties alternating exclusive 

occupancy of the Residence, or some other arrangement which will ensure the parties 

remain separated in a manner consistent with the purposes of R.C. 3113.31. 

{¶ 19} Judgment reversed and remanded. 

PIPER, J., concurs. 
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S. POWELL, J., dissents. 

S. POWELL, J., dissenting. 

{¶ 20} With respect to my colleagues, because I believe that the trial court did not 

abuse its discretion, I would affirm.