In October of 2021, our client, a transgender individual, sought and obtained an Order of Protection against their mother for harassment.
The mother appealed the OP, arguing that her anti-LGBT slurs and other harassment of our client did not actually constitute harassment because, among other things, she supported our client financially and because our client had relied upon their parents for other support throughout the years.
The appellate court disagreed with her and affirmed the Order of Protection for our client. Although we had argued that the appeal was moot because the OP had expired by the time our client’s mother filed her brief, the court decided to reach the merits of the appeal under the public interest exception to make it clear that the Illinois Domestic Violence Act protects trans people. The court explicitly held that use of a deadname is harassment. The court also held that: “Merely because one adult gives another adult financial support does not absolve the adult with more resources from violating the Act. A parent providing financial support for her child, particularly in young adulthood, does not give that parent license to abuse the child. Nita cannot and did not “buy” the right to abuse A.A.”
Congratulations to our Supervisor of Complex Litigation, Miriam Hallbauer; Senior Staff Attorney Aziza Khatoon; and Staff Attorney, Ben Bennett, on this amazing appeal victory! You can read the full decision here.