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Foster v. Statham

Court of Appeals of Illinois, Fifth District

January 14, 2020

PEGGY FOSTER, Petitioner-Appellee,
v.
NORMAN A. STATHAM, Respondent-Appellant.

          Rule 23 Order Filed: December 30, 2019

          Motion to Publish Granted: January 14, 2020

          Appeal from the Circuit Court of St. Clair County. No. 18-OP-952 Honorable Tameeka L. Purchase, Judge, presiding.

          Attorney Curtis W. Martin, Shaw & Martin, P.C., for Appellant

          Attorney Curtis L. Blood, for Appellee

          MOORE JUSTICE delivered the judgment of the court, with opinion. Justices Cates and Boie concurred in the judgment and opinion.

          OPINION

          MOORE JUSTICE.

         ¶ 1 I. BACKGROUND

         ¶ 2 The respondent, Norman Statham, appeals from the February 13, 2019, order of the circuit court of St. Clair County that granted a plenary order of protection in favor of the petitioner Peggy Foster. For the following reasons, we affirm.

         ¶ 3 On December 4, 2018, Foster filed an emergency order of protection in the circuit court of St. Clair County against Statham. The circuit court granted the emergency order of protection on that same day. On February 13, 2019, a plenary hearing was held before the trial court with both parties present with their respective counsel.

         ¶ 4 At the plenary hearing, Foster testified that she and Statham had dated, on and off, for a period of 10 years from 2008 until October 2018. When asked how she characterized her relationship with Statham, she described it as "[v]ery verbally abusive. Not good at all." She also testified that physical abuse had occurred in the past. She testified that on three different occasions she had to move or leave the home she was living in due to altercations or abuse involving Statham.

         ¶ 5 She testified that in August 2015 a physical altercation ensued after Statham called her a racial slur. She stated that he then:

"[t]hrew me down on the floor and choked me and bit me, and bruised my arm. He broke like my elbow bone and put a bruise on my hand. Bit my finger. Pulled my hair. And he threw me down, choked me, and put the dish rag on me ***."

         Law enforcement responded to the altercation and arrested Statham. According to Foster's testimony, [1] Statham was charged with "a domestic" and was held in custody for three weeks until the charges were ...


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