Nesemeier v. Zarate

Petitioner obtained an emergency civil no contact order against the respondent, who later pleaded guilty to one count of battery in connection with the allegations contained in petitioner’s petition. The trial court granted petitioner’s petition heard in criminal court under section 112A of the Code of Criminal Procedure and respondent filed a motion to reconsider, arguing that petitioner was not entitled to a civil no contact order because respondent was not convicted of a “sexual offense.” The court granted respondent’s motion to reconsider but entered a plenary civil no contact order against respondent by agreement under section 215 of the Code and petitioner appealed. The appellate court reversed, finding that the trial court erred when it granted respondent’s motion to reconsider the transfer of the petition to criminal court and held that under section 112A petitioner made a prima facie showing that respondent had committed a sexual offense because the circuit court had previously entered a protective order in a separate civil case brought by petitioner against respondent. (STEIGMANN and DeARMOND, concurring)