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People v. Gabriel

Court of Appeals of Illinois, Second District

December 22, 2014

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee,
v.
MICHAEL S. GABRIEL, Defendant-Appellant

Appeal from the Circuit Court of Du Page County. No. 12-DV-1607. Honorable Karen M. Wilson, Judge, Presiding.

Reversed.

SYLLABUS

The appellate court reversed defendant's conviction for violating an order of protection ordering him to stay at least 1,000 feet away from the underlying petitioner's residence and her school and any other place based on an incident in which he drove his car into a parking lot at petitioner's school and then left in less than a minute, since the Illinois Domestic Violence Act does not authorize an order of protection prohibiting one from being present within 1,000 feet of a petitioner's school regardless of whether petitioner is present at the time, as the trial court construed the order entered in defendant's case, and under the circumstances, the State failed to prove defendant's guilt beyond a reasonable doubt, especially when there was no evidence petitioner was at the school at the time and there was no evidence defendant intended to be present while petitioner was there.

Michael J. Pelletier, Thomas A. Lilien, Paul J. Glaser, State Appellate Defender's Office, of Elgin, for Appellant.

Robert B. Berlin, State's Attorney, of Wheaton (Lisa A. Hoffman, James P. French, Assistant State's Attorneys, of counsel), for the People.

JUSTICE BURKE delivered the judgment of the court, with opinion. Justices Zenoff and Spence concurred in the judgment and opinion.

OPINION

BURKE, JUSTICE

Page 699

[¶1] After a bench trial, defendant, Michael S. Gabriel, was found guilty of violating an order of protection (720 ILCS 5/12-3.4(a) (West 2010)) and received one year of supervision. On appeal, he argues that he was not proved guilty beyond a reasonable doubt. We reverse.

[¶2] Paragraph 2 of the order of protection, entered on November 1, 2012, on behalf of Rilee Nichols (" petitioner" in the order), states:

" (R03) Police Enforced Stay Away
a. *** [Defendant] is ordered to stay at least 1000 ft away from the residence of Petitioner *** and their *** school, *** and any other specified place.
'Stay Away' means for the [defendant] to refrain from both physical presence and non-physical contact with the petitioner ...

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