A great source of information is:
Click to access Ch9_final_txt.pdf
In the Sykes case, Gloria was not present in court, and PS got an Order issued regarding her TRO.
However, it did not comply with the Rules of Court:
e. Under Illinois and federal law (735 ILCS 5/11-101 and FRCP 65(b)) any order granting an ex parte TRO must:
i. be endorsed with the date and hour of signing
ii. be filed immediately in the clerk’s office
iii. define the injury and state why it is irreparable
iv. explain why no notice was given
v. expire by its own terms, not to exceed 10 days
vi. set the motion for a preliminary injunction for hearing at the earliest possible time
and what happened was, Gloria showed up on or about Mar 18, 2011 and was sandbagged and handcuffed to a chair in Judge Stuart’s ante room for THREE HOURS.
There…
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These people must read their law books every night, go over all the laws with yellow highlighters and then ponder just exactly how they can add yet another rule of law to their list of ones they have broken. “If it ain’t broke, don’t fix it.” However, if it IS broken, then you would think that somebody in the great State Of Illinois would want to help you set it right. Guess not.
There was such a long list in the Sykes case, I created the table of torts. At the first 4 days of my trial, ho boy, they did not like that one. I’m not even sure my tribunal understands how important jurisdiction is and how if you don’t serve properly and file an affidavit of service, then there’s no jurisdiction, and all the actors are just obtaining invalid court orders of no force and effect. Jurisdiction can be challenged at any time, first day of court, 10th day of court, 100th day of court; 1st appeal or 10th appeal. Then we add to it the following:
1) CT was appointed Plenary Guardian DESPITE the fact she was under a Petition for Order of Protection filed by Mary in early 2009 for swiping $4,000 out of her accounts.
2) in Sept. of 2009, Kathie Bakken takes the Red Snuggy video showing a lucid, clear thinking Mary with excellent cognitive skills.
3) in Dec of 2009 CT is appointed plenary guardian, but there is no affidavit of service for Mary in the court’s files
4) in Mar of 2011 Gloria is handcuffed to a chair for 3 hours. She is told there would be a hearing for direct criminal contempt, not that an “order finding” and sentence would issue and become effective immediately. There is no order or findings in the ROA on appeal and if you would check and post, that would be great. It’s in Volume 7, the dates of Mar 2011
thanks for your support.
this is very very difficult and traumatic for Gloria and her family