The Court entered an emergency ex parte order of protection. Only Mother testified. Only Mother is in Court. Father was banned from entering Mother’s home. Mother was given the physical care and possession of the parties’ child. Father was denied visitation or contact with the child.
Father immediately filed a motion for rehearing. Or, to vacate the emergency order. The Emergency Order of Protection lasts for 21 days. Then, both parties can testify. The emergency order was extended five times. Father’s motion was continued each time. The Court said that Father’s motion would not be heard until other matters were resolved.
Father appealed. He argued that the order violated his statutory rights. The Appellate Court agreed with him. The Trial Court’s order violated the Domestic Violence Act. The Trial Court order had also given Mother exclusive possession of the house. Therefore, the Court was obligated to set Father’s motion for hearing within 14 days of its filing. Father’s motions should not have been delayed.
In re Marriage of Padilla, 2017 IL App (1st) 170215, June 23, 2017.
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