Friday, September 17, 2021

Violations Of Protection Order Draw Proposed Suspension

An Illinois Hearing Board recommends a two-year suspension with fitness for an attorney's post-divorce conduct

An emergency order of protection, entered following the dissolution of Respondent’s marriage, prohibited Respondent from contacting his ex-wife or entering their former home. Even though Respondent was personally served with that order, he sent his ex-wife multiple text messages. After being arrested for violating the order of protection, Respondent sent his ex-wife additional text messages. Those messages included false claims, which Respondent reiterated to police and medical personnel, that he had been raped. He was arrested again. Subsequently, Respondent entered and removed property from the marital house and then drove to his ex-wife’s residence, conduct for which Respondent was arrested a third time. Respondent pled guilty to violating the order of protection and was placed on probation. Probation was revoked after Respondent violated probation by continuing to use alcohol and failing to report.

In aggravation, Panel considered the fact that Respondent violated court orders knowingly, repeatedly and over time. His false claims of rape included racial slurs. Respondent’s minimal participation in his own disciplinary proceedings is a serious aggravating factor. Although he participated the first prehearing, thereafter Respondent ignored these proceedings.

The complaint in the matter is attached and provides details as to the racially-tinged false rape allegation. (Mike Frisch)

https://lawprofessors.typepad.com/legal_profession/2021/09/an-illinois-hearing-board-an-emergency-order-of-protection-entered-following-the-dissolution-of-respondents-marriage-pr.html

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