On February 27, Rep. Max Miller (R-Ohio) appeared in Cuyahoga County Court to request an emergency civil protection order (CPO) against his ex-wife, Emily Moreno, citing harassment from her false accusations. Miller claimed to have evidence disproving her allegations, including video and text messages. He later dismissed the CPO after five months, stating he no longer had concerns for his safety.
Moreno's legal team has since suggested that Miller fabricated his reasons for seeking the CPO. The initial order was partly based on Miller's assertion that he had evidence disproving Moreno's claim that he injured her during a custody exchange on February 1. During an investigation into possible child abuse related to their daughter’s broken collarbone, Moreno alleged that Miller had shoved her against a wall.
Miller has denied any physical harm to either Moreno or their child. However, after the CPO was granted, Miller's legal team retracted some claims about the evidence he had presented, including the presence of his girlfriend during the custody exchange. An email from one of Miller's lawyers indicated that the girlfriend was likely not present at the time of the incident.
According to Ohio Professional Rules of Conduct, lawyers must disclose if they learn that material evidence presented to a court was inaccurate. Moreno's motion argues that Miller's attorneys failed to inform the court of these inaccuracies, which she claims undermines the basis of the CPO.
Miller has faced pressure from several Republican Senators to withdraw from his reelection bid, but the deadline for him to be replaced on the ballot has passed. His custody battle with Moreno continues, with the next court appearance scheduled shortly after Election Day.