Illinois orders of protection impose severe restrictions on a person’s ability to go where they want to go and communicate who they want to communicate with. Because of this, the Illinois Domestic Violence Act has requirements that courts must make specific findings for the order of protection to be valid. If the findings are not in the order of protection, the order of protection must be vacated because the order of protection is, effectively, unreviewable.
Every order of protection should be reviewed for missing required findings. Missing necessary findings are the easiest way to vacate an order of protection.
When granting an order of protection “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 [nature, frequency, and severity of abuse, likelihood of future abuse, and effect of any remedy on parties]. (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.” 750 ILCS 60/214(c)(3)
Failure of the court to make these necessary findings renders the order of protection vacated and, therefore, unenforceable.
“Because the trial court did not comply with section 214, we reverse the order of protection” People v. Lawrence, 2020 IL App (1st) 171399, ¶ 37
“We will reverse the trial court’s entry of an order of protection if it fails to make the required findings.” Landmann v. Landmann, 2019 IL App (5th) 180137, ¶ 19
“The failure to make the required findings is reversible error.” Hedrick-Koroll, 352 Ill. App. 3d 590, 594 (2004)
“[W]e reverse the entry of the order of protection on the basis that the trial court failed to meet its statutory obligation to make specific findings” People ex rel. Minteer v. Kozin, 297 Ill. App. 3d 1038, 1043 (1998)
For 99% of order of protection litigants in Illinois, the findings are made automatically by the statewide Illinois order of protection form which has every Illinois order of protection declaring “In granting the remedies in this Order, the Court has considered all relevant factors, including: the nature, frequency, severity, pattern, and consequences of Respondent’s past abuse, neglect, or exploitation of Petitioner or any family/household member, including Respondent’s concealment of their 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 the danger that any minor child(ren) will be abused, neglected, or improperly removed from the jurisdiction, improperly concealed within the State, or improperly separated from the child(ren)’s primary caretaker.”
Does this language satisfy 750 ILCS 60/214(c)(3)’s requirements for necessary findings?
It probably does satisfy 750 ILCS 60/213(c)(3)(i) which only requires the consideration of certain factors.
But the second two required findings require specificity. You’ll notice here is no room on the state form for an order of protection to include those required findings about the possibility of future abuse.
If language about the possible future conduct of the respondent and the granted relief’s purpose in preventing that possible future conduct is not in the order or protection, that does not mean that the order is void. The statute requires that “the court shall make its findings in an official record or in writing” 750 ILCS 60/214(c)(3)(i)(emphasis mine)
The “official record” is very broad. “[The] ‘official record’ includes the trial court’s comments in the report of proceedings, and additional evidence in the record shows that the trial court satisfied the findings requirements of the Act.” Mowen v. Holland, 783 NE 2d 180 – Ill: Appellate Court, 4th Dist. 2003
You will have to order the transcript to confirm that the judge never orally described the appropriate findings. You will also need the original emergency order of protection, if granted, to see if the findings were made therein as that is also part of the record. Frankly, you’ll have to order the entire court file.
If you ask a trial court to vacate an order of protection because of a lack of necessary findings, expect the court to suddenly issues those findings on the “official record.”
Likewise, an appeal of an order of protection for lack of necessary findings will also, likely, result in the appeals court remanding the case back to the trial court…where the trial court will make the necessary findings.
Still, a motion to vacate for lack of necessary findings is a black eye on the court and its record. This may cause the court to re-evaluate your case or curtail the length of the order of protection to get rid of you and your penchant for correcting the court. Orders of protection sting! No one wants an order of protection on their record. Contact my Chicago, Illinois family law firm to speak with an experienced Illinois order of protection attorney.
Russell D. Knight is a licensed Illinois attorney with over 19 years of experience prosecuting and defending orders of protection. Hundreds of clients have had orders of protection put into place and upheld by Russell Knight. Hundreds more have defeated requests for orders of protection against them thanks to Russell Knight and his team’s intimate knowledge with the Illinois Domestic Violence Act
CASES, STATUTES, RULES, FORMS, AND OTHER SOURCES REFERENCEDTHE ARTICLE NECESSARY FINDINGS IN AN ILLINOIS ORDER OF PROTECTION750 ILCS 60/214(c)(3)
People v. Lawrence, 2020 IL App (1st) 171399
Landmann v. Landmann, 2019 IL App (5th) 180137
Hedrick-Koroll, 352 Ill. App. 3d 590
People ex rel. Minteer v. Kozin, 297 Ill. App. 3d 1038
Mowen v. Holland, 783 NE 2d 180 – Ill: Appellate Court, 4th Dist. 2003
FREQUENTLY ASKED QUESTIONS ABOUT NECESSARY FINDINGS IN AN ILLINOIS ORDER OF PROTECTION
What findings must an Illinois court make when it grants an order of protection? An Illinois court must say it considered the nature, frequency, and severity of abuse, likelihood of future abuse, and effect of any remedy on parties. Furthermore, an Illinois court must state whether the conduct or actions of respondent, unless prohibited, will likely cause irreparable harm or continued abuse and whether it is necessary to grant the requested relief in order to protect petitioner or other alleged abused persons.
What happens if the court does not make those findings? The order of protection will be reversed either at the trial level or the appellate level. The court is then likely to make the proper findings and reissue the order of protection.
Where do the findings have to appear? The findings have to appear written into the actual order of protection or they must be somewhere in the “official record.” The “official record” could be any other document in the court rile or in a transcript of any hearing conducted in this matter.
