from the Circuit Court of Du Page County, No. 15-DV-1548;
Review the Hon. Jeffrey S. MacKay, Judge, presiding.
E. Chadd, Thomas A. Lilien, and Darren E. Miller, of State
Appellate Defender's Office, of Elgin, for appellant.
B. Berlin, State's Attorney, of Wheaton (Lisa Anne
Hoffman and Jaime A. Evans, Assistant State's Attorneys,
of counsel), for the People.
PRESIDING JUSTICE BIRKETT delivered the judgment of the
court, with opinion. Justices Schostok and Spence concurred
in the judgment and opinion.
BIRKETT PRESIDING JUSTICE.
1 Following a bench trial in the circuit court of Du Page
County, defendant, Zachary C. Mortensen, was found guilty of
violation of an order of protection (720 ILCS
5/12-3.4(a)(1)(i) (West 2014)) and was placed on court
supervision for one year. Defendant argues that the State
failed to prove his guilt beyond a reasonable doubt. We
2 I. BACKGROUND
3 On November 23, 2015, defendant's estranged wife, Lisa
Marie Mortensen, obtained an emergency order of protection
against him pursuant to section 214 of the Illinois Domestic
Violence Act of 1986 (Act) (750 ILCS 60/214(b) (West 2014)).
The order of protection was prepared on a preprinted form. It
provided, in pertinent part: "[X] 2. (R03) (Police
Enforced) Stay Away [X] a. Residence
[X] Respondent is ordered to stay at least 1000 feet away
from the residence of the petitioner and/or protected
person(s) located at [Lisa's address]; or
[ ] Respondent is prohibited from remaining at or entering
while petitioner and/or protected person(s) are present at
their residence currently located at [left blank] 'Stay
Away' means for the respondent to refrain from both
physical presence and non-physical contact whether direct,
indirect (including, but not limited to telephone calls,
mail, email, faxes, and written notes), or through third
parties who may or may not know about the Order of
[X] b. Respondent is prohibited from entering or remaining
while petitioner and/or protected person(s) are present at:
[X] Their place of employment at [address]
[X] Their school, located at [address]"
order of protection was served on defendant on ...