Parties got divorced. Wife also got an Order of Protection (OP) against Husband. Husband claims that the divorce decree is not valid. He insists that he is still legally married.
Now it is four years later. Wife had gotten extensions of the OP against Husband. Husband appealed. He did not believe there was enough evidence against him for an OP.
Then, there was a criminal case against him. It had to do with his violation of the OP. Husband claimed that the criminal proceedings were also invalid.
Wife had been able to extend the OP for two years at a time from the first OP. Husband had appealed each extension. He appealed the divorce being considered valid. He appealed his criminal conviction. He appealed everything. Every time there was something to appeal.
Again, Husband is convicted of violating an OP. He is sent to jail for three years. Husband continued to file motions from his jail cell. He kept filing appeals.
The court stated that Husband was right as to one of his arguments. A Judge had removed herself from the case. But, that same Judge signed an OP against Husband later on. A judge can’t do that.
The Appellate Court was not going to put aside the OP that this Judge had signed. The court did not want to put the Wife in jeopardy because there would be no OP. So, the court continued the OP for 21 days.
The Appellate Court went on to state that it did not approve of Husband’s conduct throughout the litigation. Husband had a pattern of filing documents which merely repeated what he had argued before. And he had made frivolous arguments. The courts had already considered those arguments. And rejected them. Husband kept trying to remove Judges from cases if they ruled against him.
Brzowski v. Brzowski, 2014 IL App (3d) 130404.
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