In re Marriage of Padilla 

In September 2016, Court entered an emergency ex parte order of protection, which prohibited Respondent from entering Petitioner’s home, granted Petitioner physical care and possession of the parties’ child, and denied Respondent visitation or contact with the child. Respondent immediately filed a motion for rehearing or to vacate the emergency order. The order was extended five times, and Respondent’s motion was similarly entered and continued each time. In January 2017, Court indicated that the motion would not be heard until other matters were resolved. Defendant appealed, arguing that the order violated Due Process and his statutory rights. Court’s order stating that it would not hear Respondent’s motion until other matters were resolved violated the Domestic Violence Act. Court was obligated to set the motion for hearing within 14 days of its filing, because the order granted Petitioner exclusive possession.