11/14/2019
Case: 19 OP 756XX
Case Conclusion Date: November 6, 2019
Practice Area: Domestic Violence
Outcome: Petition for Stalking/No Contact Order DENIED
This one is a bit more interesting, a bit of a love triangle in which I represent the Respondent in the fight against a Stalking/No Contact Order. There were a few allegations in the Petitioner's Petition but the most "damaging" one is that it was alleged that my client came to the Petitioner's house, banged on the door, and after receiving no answer, proceeded to kick the door a few times. She then went around to the side of the house and kicked a window and broke a screen. Well, turns out the Petitioner has a video doorbell camera, which did in fact show my client committing these acts of aggression. So maybe an uphill battle you think? Not really.
Here comes the triangle... Petitioner at the time of these incidents is married to a gentleman; we'll call him "Bob". Turns out, while Bob is married to the Petitioner, he meets the Respondent on some online dating site. It gets better. Bob gets the Respondent pregnant and she has his baby. The Petitioner eventually becomes aware of this but as of today's date, they are still married and live in the same home. The child lives with the Respondent but now attends school in the same neighborhood in Chicago as the Petitioner and Bob. And because it is Chicago, the child must live in the neighborhood, so the Respondent now moves into their neighborhood.
Petitioner is unhappy with this situation and starts looking at Bob's text messages with Respondent and causing issues at home. Long and short of it, Respondent did not come to the house to see Petitioner, she came to see Bob. So there is no stalking. Petitioner also attempted to bring up other incidents that were not laid out in her Petition, which is impermissible in civil practice and all of my objections were sustained as to any other incidents. Petition was denied.
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