Dibenedetto v. Dibenedetto
141 N.E.3d 1162
Ill. App. Ct.2019Background
- Nancy Dibenedetto (wife) filed a verified petition for a plenary order of protection against her husband, Robert, alleging decades-long verbal, emotional, and physical abuse that escalated in 2018 (threats to kill, public humiliation, tracking via GPS, disabling/taking her car, appearing at her workplace).
- Nancy sought an emergency order; initial emergency request was denied but after an emergency rehearing the court entered an emergency order requiring Robert to stay away.
- At the plenary hearing Nancy and a daughter (Tina) testified to multiple incidents, GPS tracking, threats, and ongoing harassment; Robert denied the allegations and testified he did not do the acts described.
- The trial court found Nancy and Tina credible, found that abuse occurred and had escalated, concluded the abuse was likely to continue absent protection, and entered a two‑year plenary order of protection (written form included required findings).
- Robert appealed, arguing the court failed to make the statutory findings required by the Illinois Domestic Violence Act and that the finding of abuse was against the manifest weight of the evidence. The appellate court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court satisfied statutory findings under 750 ILCS 60/214(c)(3) (irreparable harm/necessity) and considered the Act’s relevant factors | Nancy: trial court considered nature, frequency, severity, pattern and consequences; written order expressly contained the required findings | Robert: court failed to make required oral/written findings and did not consider the relevant factors | Affirmed — written order contained the §214(c)(3)(ii)/(iii) findings; oral ruling and credibility findings show court considered the §214(c)(1) factors |
| Whether the finding of abuse was against the manifest weight of the evidence | Nancy: testimony from her and daughter, history of physical violence, threats, GPS tracking, continued post-emergency conduct met preponderance standard | Robert: denies allegations; argues Nancy did not prove abuse or likelihood of future abuse | Affirmed — appellate court upheld credibility determinations and found Robert’s challenge forfeited for inadequate briefing; evidence supported the order |
Key Cases Cited
- Best v. Best, 223 Ill. 2d 342 (2006) (a court must find abuse before issuing an order of protection under the Act)
- People ex rel. Minteer v. Kozin, 297 Ill. App. 3d 1038 (1998) (failure to make required statutory findings mandates reversal)
- Obert v. Saville, 253 Ill. App. 3d 677 (1993) (appellate courts may deem issues forfeited for inadequate briefing)