In re Marriage of Young

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2013 IL App (2d) 121196
Decision Date: 
May 7, 2013
District: 
2d Dist.
Division/County: 
McHenry Co.
Justice: 
BURKE
Holding: 
Reversed.
Court's finding that respondent husband was accessing numerous child pornography sites on an iPad while inside the family residence was not against manifest weight of evidence. However, such conduct is not "harassment" under the Domestic Violence Act and thus plenary order of protection based on that conduct was improper. Petitioner wife did not prove, by a preponderance of the evidence, that husband acted "knowingly" by being consciously aware that his viewing of pornography on iPage was practically certain to cause emotional distress. (JORGENSEN and HUDSON, concurring.)