Hedrick-Koroll v. Bagley

816 N.E.2d 849, 352 Ill. App. 3d 590, 287 Ill. Dec. 882, 2004 Ill. App. LEXIS 1204
CourtAppellate Court of Illinois
DecidedSeptember 30, 2004
Docket2-03-0843
StatusPublished
Cited by16 cases

This text of 816 N.E.2d 849 (Hedrick-Koroll v. Bagley) 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
Hedrick-Koroll v. Bagley, 816 N.E.2d 849, 352 Ill. App. 3d 590, 287 Ill. Dec. 882, 2004 Ill. App. LEXIS 1204 (Ill. Ct. App. 2004).

Opinion

JUSTICE CALLUM

delivered the opinion of the court:

I. INTRODUCTION

Petitioner, Cynthia Hedrick-Koroll, sought an order of protection against respondent, Hughes Anderson Bagley, Jr. The trial court issued an ex parte emergency order of protection and ultimately a plenary order of protection. On appeal, respondent raises several contentions, but we need address only one of them. We conclude that the trial court failed to make the factual findings required by section 214(c)(3) of the Illinois Domestic Violence Act of 1986 (Act) (750 ILCS 60/214(c)(3) (West 2002)). Therefore, we remand so that the trial court can make the required findings.

II. BACKGROUND

We discuss only those facts pertinent to our disposition of the appeal. The parties began dating during the spring of 2001, shortly before they graduated from law school in De Kalb. After law school, respondent returned to his home in Sioux City, Iowa, and petitioner returned to Loves Park. The parties’ relationship ended around November 2001.

On May 17, 2002, petitioner sought an order of protection against respondent. According to the verified petition, respondent:

“has been advised by petitioner and [her] attorney — by e-mail and regular mail, to discontinue all contact by phone, by e-mail. [Respondent] is an ex-convict with numerous criminal violations including weapons charges. He has continued to contact me, by e-mail, by phone (home and cell) and has issued threats against my professional relationships. He has been observing — or having observed — my home + activities. He has consistently warned me of further harm if I contact my attorney or my attorney contacts him. I am in great fear of the volatile nature of his conduct, his continued attempts to have contact with me, his written letters of animosity against my daughter and Karl A. Szymanski [petitioner’s fiancé]. He has permanent orders of protection against him in Plymouth County[, Iowa,] for both of his parents. I believe he will come to Illinois, harm me and my daughter and may enter my workplace or Mr. Szymanski’s workplace to harm me or others.”

On May 17, 2002, Judge Truitt issued an ex parte emergency order protecting petitioner, Szymanski, and petitioner’s three children. The order directed respondent to stay away from petitioner and all other protected persons and prohibited him from contacting them or engaging in surveillance of them. The order prohibited him from committing physical abuse, harassment, interference with personal liberty, intimidation of a dependent, willful deprivation, neglect, exploitation, and stalking. Also, the order prohibited respondent from entering or remaining at petitioner’s residence, Harlem High School, or petitioner’s or Szymanski’s place of employment. The emergency order was to remain in effect until May 30, 2002.

The trial court extended the emergency order of protection each time the cause was continued. The hearing on the plenary order of protection took place before Judge Nordquist on July 19, 2002, November 8, 2002, and May 29, 2003. At the conclusion of the hearing on May 29, 2003, the trial court took the matter under advisement and continued the cause for a decision.

On July 1, 2003, the trial court issued a plenary order of protection expiring on January 1, 2004. The terms of the plenary order were substantially the same as the terms of the emergency order of protection. Most notably, the plenary order enjoined defendant from contacting the protected persons by telephone, mail, or e-mail, and from conducting surveillance of any protected person. Respondent timely appealed.

III. DISCUSSION

A. Mootness

Because the emergency order of protection expired and was replaced by the plenary order of protection, and because the plenary order of protection expired on January 1, 2004, the issues respondent raises on appeal are moot. Wilson v. Jackson, 312 Ill. App. 3d 1156, 1162-63 (2000). We address this appeal, however, under the public interest exception to the mootness doctrine. See Creaser v. Creaser, 342 Ill. App. 3d 215, 219 (2003) (moot issues may be reviewed under public interest exception where there is a substantial public or private question involved, an authoritative determination is required for future guidance, and the issue is likely to recur); Whitten v. Whitten, 292 Ill. App. 3d 780, 784 (1997) (orders of protection address problems of public interest, and their purposes can be achieved only if courts properly apply the statutory requirements). Also, we note that respondent represents that, in January 2004, petitioner obtained a two-year extension of the plenary order of protection. Thus, our ruling on the validity of the trial court’s orders will impact the extension currently in place.

B. Lack of Factual Findings

Although respondent raises several contentions on appeal, we need address only his argument that the trial court failed to make the factual findings required by section 214(c) of the Act. We note that respondent’s failure to raise this issue in the trial court does not preclude us from addressing it. In re Marriage of Henry, 297 Ill. App. 3d 139, 141-43 (1998).

Addressing the factual findings required for all types of orders of protection, section 214(c) provides in pertinent part:

“(1) In determining whether to grant a specific remedy, *** the court shall consider relevant factors, including but not limited to the following:
(i) the nature, frequency, severity, pattern and consequences of the respondent’s past abuse, neglect or exploitation of the petitioner or any family or household member, *** and the likelihood of danger of future abuse, neglect, or exploitation to petitioner or any member of petitioner’s or respondent’s family or household!.]
(3) Subject to the exceptions set forth in paragraph (4) of this subsection, the court shall make its findings in an official record or in writing, and shall at a minimum set forth the following:
(i) That the court has considered the applicable relevant factors described in paragraphs (1) and (2) of this subsection.
(ii) Whether the conduct or actions of respondent, unless prohibited, will likely cause irreparable harm or continued abuse.
(iii) Whether it is necessary to grant the requested relief in order to protect petitioner or other alleged abused persons.
(4) For purposes of issuing an ex parte emergency order of protection, the court, as an alternative to or as a supplement to making the findings described in paragraphs (c)(3)(i) through (c)(3)(iii) of this subsection, may use the following procedure:
When a verified petition for an emergency order of protection *** is presented to the court, the court shall examine petitioner on oath or affirmation.

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Bluebook (online)
816 N.E.2d 849, 352 Ill. App. 3d 590, 287 Ill. Dec. 882, 2004 Ill. App. LEXIS 1204, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hedrick-koroll-v-bagley-illappct-2004.