Court granted ex-wife's granting of her former attorney's motion to withdraw, denied her motion for evaluation under Section 604.10(b) of Marriage and Dissolution of Marriage Act, and found her in indirect civil contempt of court. Record is insufficient to determine whether ruling on attorney's motion to withdraw and denial of motion for evaluation were proper, and thus trial court is presumed to have not erred in these rulings. Contempt finding is reversed. Although court claimed to find Respondent in indirect civil contempt, it actually found her in indirect criminal contempt but did not afford her the procedural protections required for finding of criminal contempt. The court sought to punish Respondent for an act that could not be undone, as it was in the past and could not be corrected (leasing condo in violation of judgment of dissolution), and was thus criminal contempt. Court failed to give Respondent notice that she could be subject to criminal penalties, failed to admonish her of her constitutional rights, and failed to find her guilty beyond a reasonable doubt. (LAVIN, concurring; HYMAN, concurring in part and dissenting in part.)
Illinois Appellate Court
Civil Court
Contempt