THE DOWN SIDE OF USING A PREPRINTED FORM
The Trial Court entered a two year plenary order of protection. The male Respondent was ordered to stay 500 feet away from his ex-spouse and her 4 minor children for 1 year.
The Respondent appealed. He argued that the circuit court erred in admitting into evidence
certain hearsay statements. It failed to apply adverse inferences against the Petitioner when her testimony warranted it. And he argued against his having abused the Petitioner or other person.
Section 214(c )(3)(i) of the Domestic Violence Act requires certain action to be taken at the hearing. At a minimum, the court must make findings. The findings must be about the court’s consideration of relevant factors in an official record or in a writing. The Trial Court had made no written or oral findings as to the relevant factors, but used a preprinted form.
The Appellate Court reversed and vacated the Trial Court’s two year Order of Protection.
Landmann v. Landmann, 2019 IL App (5th) 180137 (July 23, 2019) Bond Co.