In re Marriage of Groh, 2025 IL App (2d) 250319-U
Property Removal Violated Agreed Preservation Order
Randy Groh was properly held in indirect civil contempt for violating an agreed preservation order by removing vehicles and property from the marital residence. The trial court correctly awarded exclusive possession to Lisa when Randy failed to return the removed items and purge the contempt.
Facts
Randy and Lisa Groh were divorcing parties subject to an agreed December 3, 2024 order enjoining removal of marital property. Randy removed vehicles and other items from the marital residence, claiming third-party ownership and county code compliance. The trial court found Randy in indirect civil contempt and awarded Lisa exclusive possession of the home.
Issue
Whether removal of vehicles and property from the marital residence violated an agreed preservation order and justified a contempt finding with coercive sanctions.
Holding
The appellate court affirmed Randy's contempt finding and the sanction of exclusive possession to Lisa. Randy's defenses of third-party ownership and county code compliance did not excuse noncompliance with the preservation order, and his failure to return the property prevented him from purging the contempt.
Key Reasoning
- Agreed preservation orders require court modification before any property removal, regardless of claimed justifications
- Prima facie contempt case established shifted burden to Randy to justify his conduct
- Third-party ownership claims and county enforcement concerns do not excuse violation of court orders
- Civil contempt sanctions are appropriate when the contemnor fails to purge by complying with the original order
Practical Impact
For Petitioners
Document all property removals thoroughly and seek court modification before any emergency removals to avoid contempt sanctions
For Respondents
File immediate rule to show cause motions when preservation orders are violated and preserve detailed records of all violations
When This Applies
Applies when parties have agreed preservation orders; may not apply to unilateral temporary restraining orders or different factual scenarios involving legitimate emergency removals
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