False Statements In An Illinois Petition For Order Of Protection

Divorces in Illinois can often start with a bang. Specifically, one party can make horrible accusations about the other party in a Petition for Order of Protection. A Petition for Order of Protection can be granted on an emergency basis causing one spouse to be immediately awarded use of the marital home and physical custody of the children. Because the stakes are so high and the incentives so strong, parties to an Illinois divorce may be tempted to stretch the truth in the allegations listed in their Petition for Order of Protection. Lying in a Petition for an Illinois Order of Protection is a big problem. Not only will it cause the Petition for Order of Protection to be denied…it can also cause the party defending the Petition for Order of Protection to be awarded attorney’s fees as a punishment.  “Untrue statements. Allegations and denials, made without reasonable cause and found to be untrue, shall subject the party pleading them to the payment of reasonable expenses actually incurred by the other party by reason of the untrue pleading, together with a reasonable attorney’s fee, to be summarily taxed by the court upon motion made within 30 days of the judgment or dismissal, as provided in Supreme Court Rule 137.” 750 ILCS 60/266 There are two elements to find liability for attorney’s fees for untrue statements in a Petition for Order Of Protection: 1) that they were “made without reasonable cause AND found to be untrue.” Just stating false allegations is not enough. The allegations also had to be unreasonable at the time they were made. The allegedly false alleger can simply say “I believed those allegations were true at the time. Here’s why I thought that.” The statute does not say whether the “reasonable cause” must be objectively or subjectively reasonable. Do any lawyers reading think we have a strict scrutiny vague statute? In addition to 750 ILCS 60/266, there is Illinois Supreme Court Rule 137 which forbids false allegations in ANY pleading and allows attorney’s fees caused by said false signed allegations. “The signature of an attorney or party constitutes a certificate by him that he has read the pleading, motion or other document; that to the best of his knowledge, information, and belief formed after reasonable inquiry it is well grounded in fact and is warranted by existing law or a good-faith argument for the extension, modification, or […]

from Russell D. Knight | Family Lawyer Chicago https://rdklegal.com/false-statements-in-an-illinois-petition-for-order-of-protection/