Some parents do really dumb things with their kids. It is possible that the dumb activity might be so dangerous or ill-conceived that the reckless activity may constitute abuse for the purpose of getting an order of protection against that parent. “In any proceeding to obtain an order of protection, the central inquiry is whether the petitioner has been abused.” Best v. Best, 223 Ill. 2d 342, 348 (2006) If abuse is found an order of protection shall issue. “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 child need not file the petition for an order of protection to get protection from a “bad parent.” Literally, anyone can file a petition for an order of protection for a minor child. “A petition for an order of protection may be filed only…household member or by any person on behalf of a minor child” 750 ILCS 60/201(a) Determining whether abuse has occurred is not a high standard. “The standard of proof in such a proceeding is proof by a preponderance of the evidence” 750 ILCS 60/205(a) When the “standard of proof is only a preponderance of the evidence, [a Petitioner] must prove that it is more probably true than not true that [Respondent] was guilty of such acts of [abuse].” In re Marriage of Gordon, 599 NE 2d 1151 – Ill: Appellate Court, 1st Dist., 6th Div. 1992 Abuse is defined by the Illinois Domestic Violence Act. The statute outlines 5 types of abuse: 1) physical abuse, 2) harassment, 3) intimidation of a dependent, 4) interference with personal liberty or 5) willfull deprivation. The petition for an order of protection must specify which kind of abuse is being alleged. “ ‘Abuse’ means physical abuse, harassment, intimidation of a dependent, interference with personal liberty or willful deprivation but does not include reasonable direction of a minor child by a parent or person in loco parentis.” 750 ILCS 60/103(1) (emphasis added) Whatever kind of abuse is being alleged, it will not be deemed actionable if the abuse is “reasonable direction of a minor child by a parent.” Bad parenting that constitutes abuse of the child is invariably physical abuse under the statutory definition. “Physical abuse” includes sexual abuse and means any of the following: (i) knowing or reckless use of physical force, confinement […]