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, […]
