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The post below was published on Thursday, October 7th, 2010 at 12:38 PM.

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Judge Villanti: Hey, Legislature

Judge Villanti’s concurring opinion in this case laments how current law requires trial courts to hold evidentiary hearings on all petitions for injunctions against repeat violence — even if a petition fails to set forth facts that support relief. As he explains, “the repeat violence statute would require a full evidentiary hearing before a circuit court judge even if the petitioner simply signed his or her name to a blank form petition and filed it.”

Judge Villanti recommends that the Legislature revise the statutory scheme to give trial judges appropriate discretion to prevent wholly unnecessary hearings.

The facts of the underlying case involved an appellee who had some uncivil run-ins with the appellant. The trial court entered an injunction, and the appellate court reversed.

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