Diane P. v. M.R.

Illinois Appellate Court
Civil Court
Orders of Protection
Citation
Case Number: 
2016 IL App (3d) 150312
Decision Date: 
Friday, May 27, 2016
District: 
3d Dist.
Division/County: 
Peoria Co.
Holding: 
Reversed; order vacated.
Justice: 
SCHMIDT

Petitioner filed for order of protection on behalf of her daughter, then age 17. At time of plenary OP hearing, daughter, who by then had turned 18, failed to appear at hearing, and court found that daughter was unable to bring the petition on her own behalf due to her age, health, disability, or inaccessibility.  The only evidence as to her absence from hearing was mother’s testimony that she was afraid and did not want to attend. That hearsay testimony was insufficient for court to have concluded that daughter was unable to pursue petition on her own behalf.  (O’BRIEN and HOLDRIDGE, concurring.)