Background
Jasmine McWherter petitioned for an order of protection against Briggette Hammonds on behalf of herself and Hammonds’s daughter, Raina B. The petition alleged abuse and neglect of Raina, including threats by Hammonds to kill herself and flee if Raina disclosed the alleged neglect.
After consolidation with another St. Clair County protection-order case, the circuit court entered a two-year order protecting McWherter and Raina. It barred Hammonds from abuse, threats, and certain contact; required a mental-health evaluation and recommended treatment; gave McWherter physical care and possession of Raina; denied Hammonds parenting time; and required surrender of firearms. Hammonds appealed pro se.
The Court’s Holding
The appellate court affirmed. Although Hammonds’s brief lacked record citations and therefore forfeited her arguments, the court considered the challenge where possible in the interest of justice.
The appellate record contained neither a report of proceedings nor a bystander’s report from the hearing at which the protection order was entered. Because Hammonds, as appellant, did not provide a record showing error, the court presumed that the circuit court acted correctly and that its abuse findings were not against the manifest weight of the evidence.
Key Takeaways
- An appellant bears the burden to provide a record adequate to evaluate claimed error.
- Without a hearing transcript or acceptable substitute, reviewing courts presume the trial court ruled correctly.
- Briefing defects may forfeit arguments, though an appellate court may overlook forfeiture when appropriate.
Why It Matters
The decision underscores the practical importance of preserving the hearing record in protection-order appeals. A challenge to factual findings cannot succeed where the appellate record does not reveal the testimony or evidence considered by the circuit court.
The order was filed under Illinois Supreme Court Rule 23 and is not precedential except in the limited circumstances allowed by Rule 23(e)(1).