Hawkins v. Rose

2025 IL App (5th) 241331-U
CourtAppellate Court of Illinois
DecidedAugust 21, 2025
Docket5-24-1331
StatusUnpublished

This text of 2025 IL App (5th) 241331-U (Hawkins v. Rose) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hawkins v. Rose, 2025 IL App (5th) 241331-U (Ill. Ct. App. 2025).

Opinion

NOTICE 2025 IL App (5th) 241331-U NOTICE Decision filed 08/21/25. The This order was filed under text of this decision may be NO. 5-24-1331 Supreme Court Rule 23 and is changed or corrected prior to not precedent except in the the filing of a Petition for IN THE limited circumstances allowed Rehearing or the disposition of under Rule 23(e)(1). the same. APPELLATE COURT OF ILLINOIS

FIFTH DISTRICT ______________________________________________________________________________

LAUREN HAWKINS, ) Appeal from the ) Circuit Court of Petitioner-Appellee, ) Franklin County. ) v. ) No. 24-OP-338 ) TINA ROSE, ) Honorable ) Sonja L. Ligon, Respondent-Appellant. ) Judge, presiding. ______________________________________________________________________________

JUSTICE SHOLAR delivered the judgment of the court. Justices Cates and Vaughan concurred in the judgment.

ORDER

¶1 Held: We affirm the circuit court’s judgment where the circuit court did not err by refusing to certify appellant’s bystander’s report, which it found to be inaccurate, or by refusing to accept appellant’s affidavits in lieu of a bystander’s report. Most of respondent’s substantive contentions related to an earlier order which we lack jurisdiction to address. Finally, the court did not violate the Americans with Disabilities Act.

¶2 Respondent, Tina Rose, appeals the Franklin County circuit court’s order declining to find

petitioner, Lauren Hawkins, in contempt of court for allegedly violating an agreed mutual no-

contact order between the parties. For the reasons that follow, we affirm.

¶3 I. BACKGROUND

¶4 In August 2024, Hawkins filed a verified petition for a stalking/no-contact order against

Rose. Although it is not in the record, Rose had a similar pending petition against Hawkins. The

1 parties live on adjoining properties in West Frankfort. Hawkins’ petition stated that Rose had been

standing outside her window trying to cover the window with a blanket. When Hawkins began

recording Rose with her tablet, Rose yelled profanities at her.

¶5 On September 17, 2024, the circuit court entered an agreed mutual civil no-contact order

that both parties signed. The order required that both parties not contact each other or approach

each other in a public place and remain 5 feet apart when at or near their residences and 20 feet

apart in public. The order further indicated that, “A violation of this Order may result in a finding

of contempt of court.”

¶6 On November 25, 2024, Rose filed a motion to find Hawkins in contempt and requested a

“protective order.” The motion further claimed that the property Hawkins occupied was a nuisance

under the law and requested the “removal of [Hawkins] from nuisance property.” The petition

alleged that Hawkins had placed a camera in her window directed at Rose’s yard and was

attempting to record her private activities, in violation of the no-contact order.

¶7 Following a hearing on December 17, 2024, the court denied the motion. Rose immediately

filed a notice of appeal. On December 31, 2024, the court issued a written order finding that Rose

had not met her burden of proof. The court, deeming Hawkins’ testimony more credible that

Rose’s, found that Hawkins’ conduct was not willful or contumacious.

¶8 The court’s order noted that Hawkins’ bedroom window faces Rose’s residence and that,

at the prior hearing, Rose testified that Hawkins was recording her. The court recalled Hawkins’

testimony from the prior hearing that Rose often left her dogs outside in the early morning and that

their barking disturbed Hawkins’ sleep. She called the police if the dogs were barking before 7

a.m. Hawkins testified that she was not recording Rose but was only attempting to record the dogs’

barking to aid in these investigations. The court noted that it advised Hawkins “not to place the

2 Ipad in the window to attempt to record the barking dogs, as it is causing concern.” The court did

not find the law enforcement contact to be harassing. The court did not find Rose’s “statements

regarding her fear for her safety to be well placed.”

¶9 The court expressly made no findings regarding the building in which Hawkins lived,

noting that it was the subject of separate cases. The court denied Rose any relief. Rose’s December

17 notice of appeal thus became effective. See Ill. S. Ct. R. 303(a) (eff. July 1, 2017).

¶ 10 II. ANALYSIS

¶ 11 Initially, we note that on August 6, 2025, Rose filed a pro se “motion and notice of changed

circumstances and request to vacate orders and dismiss appeals in the interest of judicial

economy.” We reviewed Rose’s motion and are unable to decipher specifically what relief she

requests. For these reasons, we deny her motion and turn to the merits.

¶ 12 On appeal, Rose’s statement of the issues lists 11 issues; however, she only argues 5 issues

in her brief. We also note that Hawkins filed an appellee brief containing little more than one-

sentence statements that responded to Rose’s allegations in her brief. Further, Rose filed a reply

brief raising additional issues and responded by explanation to the exhibits raised in Hawkins’

brief. Neither party has restricted their filings to the trial court’s order which is the subject of this

appeal.

¶ 13 Further, Rose’s appellant’s brief fails to comply with applicable rules in numerous respects.

She fails to present cohesive arguments. While citing some authorities, she fails to explain their

relevance to the issues. And, while no transcript or acceptable substitute exists, she fails to cite to

the common-law record in support of her contentions. See Ill. S. Ct. R. 341(h)(7) (eff. Oct. 1, 2020)

(argument section “shall contain the contentions of the appellant and the reasons therefor, with

citation of the authorities and the pages of the record relied on”).

3 ¶ 14 A court of review is entitled to have briefs submitted that are articulate, organized, and

present cohesive legal argument in conformity with our supreme court rules. Schwartz v. Great

Central Insurance Co., 188 Ill. App. 3d 264, 268 (1989). A reviewing court is also entitled to have

issues clearly defined with pertinent authority cited and coherent arguments presented; arguments

inadequately presented on appeal are forfeited. Spinelli v. Immanuel Lutheran Evangelical

Congregation, Inc., 118 Ill. 2d 389, 401 (1987). We recognize that Rose is pro se, however her

pro se status does not relieve her of the obligation to comply with our supreme court’s rules

governing appellate briefs. Ellis v. Flannery, 2021 IL App (1st) 201096, ¶ 8.

¶ 15 As noted, the record on appeal does not contain a verbatim transcript of the proceedings

below or an acceptable substitute such as a bystander’s report or an agreed statement of facts. See

Ill. S. Ct. R. 323(c), (d) (eff. July 1, 2017). The appellant bears the burden of presenting an adequate

record to support any claimed errors and any doubts arising from an inadequate record will be

construed against the appellant. People v. Hunt, 234 Ill. 2d 49, 58 (2009). Rose claims that the

failure of the circuit court to record these types of hearings prevents Rose from securing an official

transcript for appellate review. Rose contends, however, that she presented an adequate

bystander’s report but that the court erroneously refused to certify it. The record demonstrates that

Rose produced a bystander’s report and requested a hearing to certify it. Following that hearing,

Free access — add to your briefcase to read the full text and ask questions with AI

Related

People v. Hunt
914 N.E.2d 477 (Illinois Supreme Court, 2009)
Schwartz v. Great Central Insurance
544 N.E.2d 131 (Appellate Court of Illinois, 1989)
The PEOPLE v. McKee
185 N.E.2d 682 (Illinois Supreme Court, 1962)
City of Granite City v. Link
2022 IL App (5th) 210315-U (Appellate Court of Illinois, 2022)
Spinelli v. Immanuel Lutheran Evangelical Congregation, Inc.
515 N.E.2d 1222 (Illinois Supreme Court, 1987)
Ellis v. Flannery
2021 IL App (1st) 201096 (Appellate Court of Illinois, 2021)

Cite This Page — Counsel Stack

Bluebook (online)
2025 IL App (5th) 241331-U, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hawkins-v-rose-illappct-2025.