In re Marriage of Brosh, 2025 IL App (5th) 230114-U
Protection Order Upheld Despite Surveillance Defense Claims
Illinois appellate court affirmed two-year plenary order of protection under manifest weight standard. Trial court properly credited evidence of surveillance photographs, property tampering, and prior orders showing harassment pattern. Challenging protection orders requires strong credibility evidence and corroborating witnesses.
Facts
Kenneth Brosh appealed a two-year plenary order of protection obtained by his ex-wife Donna Brosh under the Illinois Domestic Violence Act. The trial court found harassment based on repeated surveillance photographs of Donna's residence, property tampering including razor blades in tires, and Kenneth's inconsistent testimony about the photographs' purpose.
Issue
Whether the circuit court's entry of a two-year plenary order of protection for harassment/stalking by a family member was against the manifest weight of the evidence.
Holding
The Fifth District affirmed the protection order, finding the trial court's credibility determinations and factual findings were not against the manifest weight of the evidence. The court properly concluded that surveillance photographs and property tampering supported harassment findings despite appellant's claim of legitimate litigation purpose.
Key Reasoning
- Factual findings reviewed under manifest weight standard with deference to trial court credibility determinations
- Evidence supported harassment: repeated surveillance photos within 500 feet, property tampering, and increased petitioner fear
- Appellant's credibility damaged by inconsistent testimony and failure to produce corroborating third-party photographers
- Trial court reasonably found photographs unnecessary for legitimate litigation purpose and supported stalking inference
Practical Impact
For Petitioners
Preserve physical evidence like photos, repair records, and police reports while documenting subjective fear and its reasonableness to support harassment claims
For Respondents
Present corroborating witnesses at trial, maintain consistent testimony, and provide concrete alternative explanations with forensic proof to counter surveillance inferences
When This Applies
Case applies when there's circumstantial evidence of surveillance and property tampering; different outcome possible with strong exculpatory evidence and consistent testimony
Statutes Cited
- 750 ILCS 60/ (Illinois Domestic Violence Act)
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