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Sheriff's candidate files for divorce, restraining order

By Nancy Bowman

Staff Writer

Friday, September 14, 2007

A candidate for Miami County sheriff Thursday filed for divorce and obtained a restraining order prohibiting his wife from abusing or threatening him and transferring assets.

Wilma "Dee" Mahan, wife of announced candidate Joe Mahan, earlier this week obtained a civil protection order in county Common Pleas Court that required Joe Mahan to surrender any firearms and keys to their Troy house and stay at least three blocks from his wife.

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In her petition for the order, Dee Mahan claimed Joe Mahan engaged in "acts of domestic violence" during an alleged disturbance at their Troy home and a "domestic situation" in public last Saturday in downtown Troy. No charges were filed after Troy police were called to a parking lot in response to that incident.

Joe Mahan claimed in court filings Thursday that his wife "has become physically violent with the plaintiff (Joe Mahan) on several occasions, has threatened the plaintiff with calling police and trying to set him up for domestic violence and that the plaintiff fears that some harm may come to him." A court magistrate issued the restraining order for Joe Mahan. A request for him to be given sole occupancy of their house is pending.

Judge Jonathan Hein of Darke County Common Pleas Court was assigned Thursday to handle the Mahan cases after county Judges Jeffrey Welbaum and Robert Lindeman removed themselves from the cases to avoid "a perceived or actual appearance of impropriety." Both judges noted in filings appointing Hein that Joe Mahan is a declared candidate for sheriff. A hearing on the status of the civil protection order is scheduled for next week, although Dee Mahan's lawyer filed a request for a continuance.

Joe Mahan announced officially in late July intentions to run against Sheriff Charles Cox, his former boss, in next year's Republican primary.

Cox in spring 2006 dismissed both Joe Mahan, his chief deputy, and Dee Mahan, the sheriff's administrative assistant. Cox said he decided to seek another term in 2008 after initially saying he would retire and couldn't have Joe Mahan, as an employee, talking openly about running against him.

Contact this reporter at (937) 335-4357 or nbowman@DaytonDailyNews.com.

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