People ex rel. Webb v. Wortham

Illinois Appellate Court
Civil Court
Stalking No Contact Order
Citation
Case Number: 
2018 IL App (2d) 170445
Decision Date: 
Monday, August 13, 2018
District: 
2d Dist.
Division/County: 
Kane Co.
Holding: 
Affirmed.
Justice: 
SPENCE

Court properly granted Section 2-1401 petition of Respondent to vacate 2013 order entered under Stalking No Contact Order Act. Court granted motion of Respondent to dismiss charges that Respondent violated the 2013 order, based on holding in the civil case. The 2013 order was void for want of proper service on Respondent. As of date of entry of 2013 order, the 2011 order had already expired, leaving trial court with nothing to extend.  (McLAREN and BIRKETT, concurring.)