Apr.-10 Order
Apr.-10 Order
03-F: CIVIL STALKING PROTECTION ORDER OR CIVIL SEXUALLY ORIENTED OFFENSE PROTECTION ORDER FULL
HEARING
IN THE COURT OF COMMON PLEAS
_____________ _____________________________ COUNTY, OHIO
State | OHIO |
n? 999^7
PETITIONER:
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Protection Order
Denied
Ex Parte Order Vacated
JJq Additional findings on a separate page are included and attached herein.
□ The Court finds by a preponderance of the evidence that 1) Respondent has knowingly engaged in a
pattern of conduct that caused Petitioner to believe that Respondent will cause physical harm or cause
or has caused mental distress; and 2) the following orders are equitable, fair, and necessary to protect
the persons named in this Order from stalking offenses.
□ The Court finds by a preponderance of the evidence that 1) Petitioner or Petitioner’s family or
household members have been a victim of a sexually oriented offense as defined in R C. 2950.01,
committed by Respondent; and 2) the following orders are equitable, fair, and necessary to protect the
persons named in this Order from sexually oriented offenses.
□ The Court finds by clear and convincing evidence that 1) Petitioner or Petitioner’s family or household
members reasonably believed Respondent’s conduct before the filing of the Petition endangered the
heahh, welfare, or safety of Petitioner or Petitioner’s family or household members; 2) Respondent
presents a continuing danger to Petitioner or Petitioner’s family or household members; and 3) the
following orders are equitable, fair, and necessary to protect the persons named in this Order from
experiencing a continuing danger.
Protection Order
Denied
Ex Parte Order Vacated
□ 1. RESPONDENT SHALL NOT ENTER the residence, school, business, place of employment, day care
centers, or child care providers of the protected persons named in this Order, including the buildings,
grounds, and parking lots at those locations. Respondent may not violate this Order even with the
permission of a protected person. [NCIC 04]
□ 2. RESPONDENT SHALL NOT INTERFERE with the protected persons' right to occupy the residence
including, but not limited to canceling utilities or insurance or interrupting telecommunication (e.g.,
telephone internet, or cable) services, mail delivery, or the delivery of any other documents or items.
[NCIC 03]
□ 3. RESPONDENT SHALL SURRENDER all keys and garage door openers to the following residence:
within 24 hours of service of this Order to the law enforcement agency that serves Respondent with this
Order or as follows:
□ 4. RESPONDENT SHALL STAY AWAY FROM PETITIONER and all other protected persons named in
this Orcer, and not be present within 500 feet or ___________ (distance) of any protected
persons wherever those protected persons may be found, or any place Respondent knows or should
know the protected persons are likely to be, even with a protected person’s permission. If
Respondent accidentally comes in contact with protected persons in any public or private place,
Respondent must depart immediately. This Order includes encounters on public and private roads,
highways, and thoroughfares. [NCIC 04]
Exchange of the listed companion animals or pets shall take place as follows:
□ 7. RESPONDENT SHALL NOT INITIATE OR HAVE ANY CONTACT with the protected persons named
in this Order or their residences, businesses, places of employment, schools, day care centers, or child
care providers. Contact includes, but is not limited to, landline, cordless, cellular or digital
telephone; text; instant messaging; fax; e-mail; voicemail; delivery service; social media;
blogging; writings; electronic communications; posting a message; or communications by any other
means directly or through another person.
Respondent may not violate this Order even with the permission of a protected person. [NCIC 05]
Ex Parte Order Vacate
0 8. RESPONDENT SHALL NOT use any form of electronic surveillance on protected persons.
Order
□ 9. RESPONDENT SHALL NOT CAUSE OR ENCOURAGE ANY PERSON to do any act prohibited by
Denied
’ 'rutection
this Order.
□ 10. RESPONDENT SHALL NOT POSSESS, USE, CARRY, OR OBTAIN ANY DEADLY WEAPON at any
time while this Order remains in effect for the safety and protection of the protected persons named in
this Order. Furthermore, Respondent may be subject to firearms and ammunition restrictions pursuant
to 18 U.S.C. 922(g)(1) through (9), 18 U.S.C. 922(n), or R.C. 2923.13. [NCIC 07]
RESPONDENT IS EXCEPTED only for official use pursuant to 18 U.S.C. 925(a)(1), if no other firearms
and ammunition prohibitions apply.
□ 11. RESPONDENT SHALL TURN OVER ALL DEADLY WEAPONS OWNED by Respondent or in
Respondent’s possession to the law enforcement agency that serves Respondent with this Order no
later than or as follows:
Any law enforcement agency is authorized to accept possession of deadly weapons pursuant to this
paragraph and hold them in protective custody for the duration of this Order. [NCIC 07]
Law enforcement shall immediately notify the Court upon receiving Respondent’s deadly weapons into
protective custody as set forth in this Order.
Upon the expiration or termination of this Order, Respondent may reclaim any deadly weapons held in
protective custody by law enforcement pursuant to this Order unless Respondent is otherwise
disqualifed as verified by a check of the NCIC protection order file.
12. RESPONDENT’S CONCEALED CARRY WEAPON LICENSE, if any, is now subject to R.C. 2923.128.
Respondent shall contact this program within days after receiving this Order and
immediately arrange for an initial appointment The counseling program is requested to provide
the Court a written notice when Respondent attends the initial appointment, if Respondent fails to
attend oris discharged, and when Respondent completes the program. Respondent is required to
sign all necessary waivers to allow the Court to receive information from the counseling program.
□ 15. RESPONDENT SHALL NOT USE OR POSSESS □alcohol orD illegal drugs.
FORMIttO^F: CIVIL S^ALWNG PROTECTION ORDER OR CIVIL SEXUALLYORIBITED OFFENSE PROTECTION ORDER FULL HEARING
Amended: April 15, 2021
Discard all previous versions of this form
[Page 5 of 6 Form 10.03-F]
> Case No.
^3.17. The Clerk of Court shall cause a copy of this Order to be served on Respondent as set forth in
5(B) and 65.1(C)(3). The Clerk of Court shall also provide certified copies of this Order to Petitioner
upon request.
18. IF THE FULL HEARING PROCEEDING WAS REFERRED TO A MAGISTRATE, the Court has
reviewed the magistrate’s and finds no error of law or other defect
evident on the face of the Order. Accordingly, the Court adopts the magistrate’s or Aw,
20. THE COSTS OF THIS ACTION ARE Dassessed against Respondent ^waived.
IT IS SO ORDERED.
MAGISTRATE
Protection 0
Denied
Ex Parte Order Vacated
Copies of the fo-egoing Order, which is a final COPIES OF THIS ORDER SHALL BE DELIVERED TO:
appealable orde’, were served on or delivered Petitioner
to the parties incicated pursuant to Civ.R. ^Petitioner’s Attorney
5(B) and 65.1(C)’3), including ordinary mail □ Respondent’s Attorney
□ Law Enforcement Agency Where Petitioner Resides:
on I I
□ Law Enforcement Agency Where Petitioner Works:
By:
CLERK OF COURT Ef Sheriff’s Office
E( Other:
waiver 0^-.^
I, _____________________________________ (Respondent) understand that I have the right to a full
hearing on the Petition for Civil Stalking Protection Order or Civil Sexually Oriented Offense Protection Order,
and acknowledge each of the following:
I understand that based on the waivers listed above, a Protection Order will be entered against me.
RESPONDENT DATE
•’’rotQctkJ?! Odor
Juanita Brent’s request for a Civil Stalking Protection Order (“CSPO”) pursuant to Ohio Revised
Code §2903.214 against Respondent Elliot Forhan. The court hereby makes the following
findings:
The Court has jurisdiction over the parties and the subject matter.
The within case was filed on November 20,2023, at which time the Magistrate conducted
an ex parte hearing and granted a short-term protection order until May 20, 2024.
Ms. Erent was represented by counsel and Mr. Forhan, who initially had counsel, later
The parties had ample time to conduct discovery and depose witnesses.
At the full hearing, both parties had an opportunity to be heard by the court, to call
witnesses and to present evidence. Both parties testified under oath. In addition, Ms. Brent
called the following witnesses: Yolanda Bayless, Dave Brock and Mallory McMaster. Mr.
The burden at a full CSPO hearing is on the Petitioner. To warrant a CSPO under R.C.
2903.214, the Petitioner must prove, by a preponderance of the evidence, that the Respondent's
conduct violates the menacing by stalking statute. Elkins v. Manley, 2016-0hio-8307, P13
(2016) (8th District). R.C. 2903.211(A)(1) states that “[n]o person by engaging in a pattern of
conduct shall knowingly cause another person to believe that the offender will cause physical
harm to the other person or a family or household member of the other person or cause mental
distress to the other person or a family or household member of the other person.”
After thoughtfully considering all relevant admissible evidence and the applicable legal
authority, the court DENIES the CSPO at the full hearing. In addition, the court VACATES the
1
ex parte protection order which was previously granted by the court. The Petitioner failed to
prove by a preponderance of the evidence that the Respondent knowingly engaged in a pattern of
conduct that caused the Petitioner to believe that she would be physically harmed or caused her
the requisite mental distress. The evidence is insufficient to warrant a protection order for her.
Ms. Brent and Mr. Forhan are both colleagues as members of the Ohio House of
Representatives. A rift between them began on May 23, 2023 after Ms. Brent witnessed a verbal
altercation between Mr. Forhan and a Ladosha Wright. Mr. Forhan met with Ms. Wright briefly
in a committee room between conducting other state matters. She was there speaking in
opposition to a bill that Mr. Forhan had co-sponsored. Mr. Forhan testified that the encounter
lasted approximately five minutes. Ms. Brent was present the entire time. Ms. Brent testified
that Mr. Forhan’s tone was “off-putting and aggressive” and he had “put his hand in front of her
This event does not warrant a protection order for Ms. Brent. She appears to be merely
an observer of the event. She was a bystander witnessing a brief heated discussion between two
people. There was no testimony that Mr. Forhan threatened or addressed Ms. Brent in any
aggressive manner. In addition, Ms. Brent did not testify that she was fearful for herself. This
whole event amounts to nothing. It would not even warrant a protection order for Ms. Wright,
who apparently later made up with Mr. Forhan, as he testified that after the incident, they went
on to work together on other matters and she even endorsed his re-election campaign. In
addition, the court notes that two days later, on May 25, 2023, encouraged by the House
Minority Leader Allison Russo, Mr. Forhan actually called Ms. Brent and apologized for his
2
Ms. Brent testified that she was concerned for her own safety when Mr. Forhan came to
her house, uninvited, and knocked on her door on June 26, 2023. She felt that Mr. Forhan was
“looking for her in an inappropriate way” and because of this she was “fearful” and “emotional.”
The court notes that Ms. Brent was not even home at the time. She only learned of this
encounter after the fact. Only two people were present, Mr. Forhan and Yolanda Bayless, Ms.
Brent’s cousin who lives with her. Ms. Bayless testified that she heard a “banging on the door”
and it was Mr. Forhan. She testified that “she cannot remember everything he said” and the
incident did not take or last too long. She remembered that Mr. Forhan asked if Juanita was
home and that he wanted to talk to her. She stated that he was “talking loud” and he was
“jittery,” “kiada nervous” and “afraid.” It also bothered her that he parked further down the
street and not in the driveway. Ms. Bayless stated she was “upset” and the event made her
“curious,” “unnerved” and “suspicious.” She called Ms. Brent later to inform her of what had
happened. For his part, Mr. Forhan testified that he only lives 15 or 20 minutes away. The
encounter lasted less than two minutes and it was the only time he has ever visited Ms. Brent’s
home. In addition, he stated that he knocked on the door in his normal fashion and he simply
Much like the above event, this event amounts to nothing. Mr. Forhan did not threaten
Ms. Brent, let alone Ms. Bayless. He simply wanted to talk to his colleague and so he came over
unannounced, knocked on a door and left after two minutes having learned she was not at home.
This encounter does not warrant a protection order from the court. Although Ms. Brent and Ms.
Bayless used :he buzzwords of “fearful,” “emotional” and “afraid” in an effort to convince the
court for the need for a protection order, the court remains unpersuaded. Their testimony fell far
short of the standard necessary for a protection order. Just because a Petitioner, or a witness for
3
a Petitioner, uses so-called buzzwords does not mean that he or she has proven his or her case.
There is no legitimate threat of physical harm nor threat to mental health here.
On June 27, 2023, one day after Mr. Forhan visited Ms. Brent’s home, a meeting was
initiated by House Minority Leader Allison Russo to discuss the event from the day before. Both
Ms. Brent and Mr. Forhan were present along with Representative Phil Robinson. According to
Mr. Forhan the meeting lasted 30 to 45 minutes. At the meeting Mr. Forhan stated that he just
wanted to talk to Ms. Brent on the day before, and Ms. Brent emphasized that there were other
ways to contact her and that she had felt “uncomfortable” and “nervous” because of his visit to
her home. This meeting between House members does not sway the court in any way in favor of
addition, the court notes that Mr. Forhan once again attempted to apologize for his actions. On
July 3, 2023. encouraged by Representative Munira Abdullahi, he sent Ms. Brent blue flowers.
Ms. Brent testified, in general, that she intentionally did not want to sit next to Mr.
Forhan at various times and when he sat down next to her she would move. She also testified
that she would have colleagues walk with her due to her safety concerns. All this testimony is
belied by the fact that she was willing to smile and pose with him and his family at a political
event on Seprember 10, 2023. (Respondent’s Exhibit 4). She testified that she was being polite
when she took the photo, but the court notes that she could also have politely refused. One does
not normally take a photo with one’s stalker, someone you are afraid of, someone who is causing
you physical harm or mental distress. A picture can be worth a thousand words. Here, it is quite
telling. The court is not swayed by her testimony regarding her safety concerns.
4
On November 15, 2023, Mr. Forhan was with his colleague, Representative Munira
Abdullahi, in a room at the Ohio Statehouse. Ms. Brent opened the door to the room from an
adjacent hallway, heard yelling, and then closed the door. She testified that she was afraid and
concerned for the safety of Ms. Munira. Mr. Forhan presented to the court hallway security
footage of Ms. Brent opening that door. (Respondent’s Exhibit 1). There was no audio of the
event, but it is clear to the court that she opened and closed the door in a couple of seconds. This
incredibly brief encounter does not form the basis for a protection order for Ms. Brent. She is
once again an observer or a bystander witnessing a heated exchange between her colleagues.
Again, there was no testimony that Mr. Forhan threatened or even addressed Ms. Brent during
this two second encounter. The court is disbelieving that this event caused Ms. Brent physical
harm or the requisite mental distress that would warrant a protection order.
Once again Mr. Forhan attempted to apologize for his actions. At the end of November
of 2023, he posted three short videos on line. (Petitioner’s Exhibit A) In the videos he stated
that he “should have known better.” He regretted his actions and he was sorry. He thanked Ms.
Brent for being a mentor and he actually said he loved her. What was Ms. Brent’s reaction to the
videos? For starters, Ms. Brent was bothered by the fact that the videos were not physically sent
to her. She only learned of them from other people. She felt that the “videos were for the
public” and that Mr. Forhan was trying to shape the narrative. After viewing the videos, she
stated that she felt “unnerved,” “uncomfortable” and “alarmed.” She said that it was “off-putting
that he said I iove you.” Before posting the apology videos, Mr. Forhan showed them to his
mother, Linn Forhan, who testified in court that she urged him to delete them for fear that they
might be misconstrued. The court believes that is exactly what happened. Ms. Brent was
misconstruing those videos, whether intentionally or not. The court is skeptical of Ms. Brent’s
5
reaction to them. Mr. Forhan expressed remorse and essentially asked for forgiveness in the
videos. The court is unconvinced that Ms. Brent was “unnerved,” “uncomfortable” and
“alarmed” by the apology videos. At first blush, it might be “off-putting” that a colleague says
he loves you, but when properly put in context, it is a term of respect and admiration, nothing
There was mention of a tweet from Mr. Forhan, posted in November of 2023, referencing
Ohio’s Lieutenant Governor and the fact that Mr. Forhan has taken up deer archery. (Petitioner’s
Exhibit B). The tweet does not reference Ms. Brent. It has nothing to do with Ms. Brent. She
testified that she “came across it haphazardly.” The court finds this tweet to be irrelevant to this
case.
Finally, a word or more regarding Mallory McMaster. She was called as a witness for the
Petitioner to mainly testify as to the impact that Mr. Forhan’s actions had had on Ms. Brent, her
best friend. Two things became readily apparent to the court regarding Ms. McMaster, first, her
willingness to say or do anything in support of Ms. Brent, and second, her hatred for Mr. Forhan.
The second was palpable. She testified that she was not only “not fond” of Mr. Forhan but she
was “disgusted” by him. This one-two combination made for a very, very biased witness who
was willing to stretch the truth and exaggerate for effect in court. She showed her true motives
when she testified that she wanted Mr. Forhan removed from his state job and removed from the
Democratic Party. The court is dubious of her entire testimony and it gives no credence to her
claims that Ms. Brent is “not the same person anymore” and that she is a “shell of herself’
Mr. Forhan is not perfect by any means, but who amongst us is perfect. He made some
mistakes but he apologized for them, repeatedly. His actions do not lead the court to the
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conclusion that Ms. Brent believed that she would be physically harmed or she was caused the
requisite mental distress under the law. The court notes that the most disturbing thing that
happened in the entire case was not even done by Mr. Forhan, but by Ms. McMaster, when she
testified, in open court, under oath, that she wanted to “shoot” Mr. Forhan. This is far worse
than anything that Mr. Forhan did or said to Ms. Brent in this entire case.
It is only after the court conducts a full hearing, that it gets a more complete picture of
what transpired between Ms. Brent and Mr. Forhan. Based on all relevant admissible evidence,
the protection order is indeed DENIED at the full hearing and the ex parte protection order,
which was previously granted by the court, is VACATED. Ms. Brent failed to prove by a
preponderance of the evidence that Mr. Forhan knowingly engaged in a pattern of conduct that
caused her to believe that she would be physically harmed or caused her the requisite mental