Montelauro v. Lutkus, 2-22-40369

Background

Montelauro and Lutkus were in a dating relationship in 2022 which ended on September 24, 2022; both parties acknowledge the breakup date.
Montelauro repeatedly attempted to end contact, blocking Lutkus on various platforms and expressly requesting no further communications.
Despite clear requests, Lutkus continued to contact Montelauro via multiple voicemails, text messages from different numbers, and eventually through Snapchat, including sending an explicit image of the petitioner.
Montelauro testified that these actions made her feel disrespected, fearful, and violated; she sought an order of protection in March 2024.
The trial court found respondent harassed Montelauro and interfered with her personal liberty, ultimately granting a plenary order of protection.
Lutkus appealed, arguing the trial court’s findings were against the manifest weight of the evidence and that statutory factors were not properly considered.

Issues

Issue	Montelauro’s Argument	Lutkus’s Argument	Held
Harassment and Interference with Liberty	Lutkus's conduct was persistent, unwanted, and caused distress after clear requests to cease contact.	Continued contact was due to confusion from mixed messages and was reasonable given relationship uncertainty.	The plenary order was proper; repeated contact after clear requests to stop was harassment and interference with liberty.
Manifest Weight of the Evidence	Evidence showed harassment and emotional distress due to repeated, knowing contact and the explicit image.	The court ignored evidence of relationship ambiguity and mutual communications; his conduct was not unreasonable.	The trial court's findings were not against the manifest weight of the evidence; petitioner’s testimony was credible.
Consideration of Statutory Factors (750 ILCS 60/214(c))	The statutory factors were considered, as indicated on the order form and in findings.	The court failed to articulate consideration of all required statutory factors in its decision.	The order form and record reflected proper consideration of statutory factors; no error found.
Pattern, Severity, and Likelihood of Future Abuse	Repeated unwanted contact and explicit photo demonstrated pattern, emotional harm, and future risk.	Only one explicit photo sent; messages were attempts at closure or rekindling, not abuse; apologized for photo.	The pattern and severity were sufficient for relief; apology was not determinative; risk of future abuse supported protection.

Key Cases Cited

Best v. Best, 223 Ill. 2d 342 (Ill. 2006) (sets standard for manifest weight of the evidence review and deference to trial court's findings)
Landmann v. Landmann, 2019 IL App (5th) 180137 (compliance with section 214(c) requirements via preprinted form is sufficient)
Graham v. Van Rengen, 2024 IL App (2d) 230611 (standard for proof by preponderance and form compliance with statutory findings)