(Download) "In re Marriage of Hagaman" by Illinois Appellate Court — Fourth District Judgment Affirmed ~ eBook PDF Kindle ePub Free
eBook details
- Title: In re Marriage of Hagaman
- Author : Illinois Appellate Court — Fourth District Judgment Affirmed
- Release Date : January 25, 1984
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
The parties were married on July 1, 1972. On October 4, 1983, Virginia Hagaman filed a petition for dissolution of marriage. On November 29, 1983, the trial court found grounds for dissolution, reserving questions of property disposition. In the interim, the parties continued residing together at the marital residence. On December 8, 1983, Virginia Hagaman filed a petition for an order of protection pursuant to section 101 et seq. of the Illinois Domestic Violence Act (Ill. Rev. Stat. 1983, ch. 40, par. 2301-1 et seq.). After hearing on December 9, 1983, the trial court (1) found that respondent had engaged in abuse within the meaning of the Act, (2) entered an order of protection in favor of petitioner and her daughter by a previous marriage, (3) awarded petitioner exclusive possession of the marital residence, and (4) entered a finding that there was no reason to delay enforcement of an appeal (87 Ill.2d R. 304(a)). The trial court denied respondent's motion to reconsider pursuant to section 2-1203 of the Code of Civil Procedure (Ill. Rev. Stat. 1983, ch. 110, par. 2-1203). Respondent appeals from the judgment of the circuit court of Sangamon County. While the notice of appeal is labeled as an interlocutory appeal from an injunction, in such form the notice is untimely. However, this court has jurisdiction under Supreme Court Rule 304(a) (87 Ill.2d R. 304(a)). Respondent raises five issues on appeal: (1) whether the record supports a finding of abuse as defined in section 103(1) of the Act (Ill. Rev. Stat. 1983, ch. 40, par. 2301-3(1)); (2) whether the statutory definition of abuse under section 103(1) is so unclear as to violate his due process rights; (3) whether the order was improper since the court did not make the findings required by section 208(d)(1) of the Act (Ill. Rev. Stat. 1983, ch. 40, par. 2302-8(d)(1)); (4) whether he was improperly prevented from inquiring or commenting on the frequency, severity, pattern, and consequences of his past abuse of family members; and (5) whether the court erred in granting petitioner exclusive possession of the residence for one year or until conclusion of the dissolution proceedings.
 "In re Marriage of Hagaman" by Illinois Appellate Court — Fourth District Judgment Affirmed ~ eBook PDF Kindle ePub Free){kind=link}