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 […]
