Unclean hands doesn’t apply in stalking case

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted June 9, 2022 11:03 AM

Deborah Ewing petitioned for a “stalking no contact order” against Trena and Melanie Gagliardo. Although the Gagliardos have their own list of grievances against Ewing, Sec. 85 of the Stalking No Contact Order Act prohibits “mutual stalking no contact orders.” As an alternative, the Gagliardos — relying on Munoz v. Fritsche, 2014 IL App (2d) 130359-U — invoked the unclean hands defense.Five years ago, though, the 4th District concluded that “the unclean hands doctrine is unavailable as a defense to a petition for a …

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