Drugs and alcohol make people do crazy things. When someone is intoxicated their actions can threaten or hurt others…even the people they claim to love.
Behavior when a person is intoxicated can be abusive. Abusive behavior requires the court to issue an order of protection.
“If the court finds that petitioner has been abused by a family or household member…an order of protection prohibiting the abuse, neglect, or exploitation shall issue” 750 ILCS 60/214
The definition of abuse is very broad.
“’Abuse’ means physical abuse, harassment, intimidation of a dependent, interference with personal liberty or willful deprivation” 750 ILCS 60/103(1)
Most behavior of an intoxicated person could be accurately described as harassment.
“’Harassment’ means knowing conduct which is not necessary to accomplish a purpose that is reasonable under the circumstances; would cause a reasonable person emotional distress; and does cause emotional distress to the petitioner.” 750 ILCS 60/103(7)
Intoxicated people are always doing things that are not “reasonable” and “would cause…emotional distress.”
A respondent’s intoxication alone may cause sufficient distress to warrant a finding of harassment.
“Harassment results from intentional acts which cause someone to be worried, anxious, or uncomfortable. Harassment does not necessarily require an overt act of violence.…[H]arassment occurs when a protagonist knowingly causes his victim to suffer undue distress.” People v. Whitfield, 147 Ill. App. 3d 675, 680 (Ill. App. Ct. 1986)
However, there must be some evidence more specific than habitual intoxication.
“The bases for the request for an order of protection were that [Petitioner] believed [Respondent] had an alcohol problem; that he muttered swear words under his breath on one occasion; that he awakened the children early in the morning to go on a trip; and that she was afraid he might have an accident. There were no credible allegations of abuse, harassment, or interference with personal liberty. There was, then, insufficient evidence to support the entry of a plenary order of protection.” In re Marriage of Healy, 635 NE 2d 666 – Ill: Appellate Court, 1st Dist., 2nd Div. 1994
Intoxicated people usually provide an incident that is sufficient to warrant an order of protection.
Calling the police to investigate the intoxicated person will often create a solid basis for an order of protection as police are required to investigate any allegations of abuse.
“Whenever a law enforcement officer has reason to believe that a person has been abused, neglected, or exploited by a family or household member, the officer shall immediately use all reasonable means to prevent further abuse, neglect, or exploitation, including: Arresting the abusing, neglecting and exploiting party, where appropriate” 750 ILCS 60/304(a)
If the police officer does not arrest the intoxicated party, the police officer will issue a report describing the intoxication.
“Whenever a law enforcement officer does not exercise arrest powers or otherwise initiate criminal proceedings, the officer shall:
Make a police report of the investigation of any bona fide allegation of an incident of abuse, neglect, or exploitation and the disposition of the investigation, in accordance with subsection (a) of Section 303” 750 ILCS 60/304(b)
That police report should have the basis for a future finding of abuse by a domestic violence or domestic relations court.
“Every law enforcement officer investigating an alleged incident of abuse, neglect, or exploitation between family or household members shall make a written police report of any bona fide allegation and the disposition of such investigation. The police report shall include the victim’s statements as to the frequency and severity of prior incidents of abuse, neglect, or exploitation by the same family or household member and the number of prior calls for police assistance to prevent such further abuse, neglect, or exploitation.” 750 ILCS 60/303
If the most recent instance of intoxication is deemed ‘abuse’ the court can craft a variety of “remedies” which require the Respondent to do or not do certain things.
When crafting those remedies, past instances of intoxication will be considered by the court as a basis for issuing remedies (proscriptions) in the final order of protection.
“(i) the nature, frequency, severity, pattern[,] and consequences of respondent’s past abuse, neglect[,] or exploitation of the petitioner or any family or household member, including the concealment of his or her location in order to evade service of process or notice, 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; and
(ii) the danger that any minor child will be abused or neglected or improperly removed from the jurisdiction, improperly concealed within the State or improperly separated from the child’s primary caretaker.” 750 ILCS 60/214(c)(1)
The past instances of intoxication may be weighed by the court when deciding to issue an order of protection.
“The best indicator of a person’s future conduct is his past conduct. That maxim applies to judicial functions where a person’s future conduct is at issue, such as determining whether to enter an order of protection.” Frank v. Hawkins, 891 NE 2d 522 – Ill: Appellate Court, 4th Dist. 2008
Along with an order of protections typical power to “[o]rder respondent to stay away from petitioner or any other person protected by the order of protection” 750 ILCS 60/214(b)(3), the Illinois Domestic Violence act provides several remedies available to address the respondent’s relationship with drugs and/or alcohol.
A court can “[r]equire or recommend the respondent to undergo counseling for a specified duration with a social worker, psychologist, clinical psychologist, psychiatrist, family service agency, alcohol or substance abuse program, mental health center guidance counselor, agency providing services to elders, program designed for domestic violence abusers or any other guidance service the court deems appropriate.” 750 ILCS 60/214(b)(4)(emphasis mine)
A court can allow a Petitioner to deny the Respondent parenting time if the Petitioner reasonably suspects the Respondent is under the influence of drugs and/or alcohol.
“Petitioner may deny respondent access to the minor child if, when respondent arrives for parenting time, respondent is under the influence of drugs or alcohol and constitutes a threat to the safety and well-being of petitioner or petitioner’s minor children or is behaving in a violent or abusive manner.” 750 ILCS 60/214(b)(7)
Likewise, a Respondent can be denied entry into a home if the Respondent is under the influence of drugs and/or alcohol.
A court can “[p]rohibit the respondent from entering or remaining in the residence or household while the respondent is under the influence of alcohol or drugs and constitutes a threat to the safety and well-being of the petitioner or the petitioner’s children.” 750 ILCS 60/214
Drugs, alcohol and troubled relationships do not mix. Sooner or later, a drug or alcohol fueled incident is going to happen that will warrant an order of protection.
To learn more about how to obtain or defend against an order or protection, contact my Chicago, Illinois family law firm to speak with an experienced Illinois divorce attorney.
