The Illinois Supreme Court has ruled that the standard of review for a finding of abuse under the Illinois Domestic Violence Act is the “manifest weight of the evidence.”
In this case, the trial court found abuse by the preponderance of the evidence. The appellate court affirmed, but used an “abuse of discretion” standard of review. The supreme court acknowledged that the “abuse of discretion” standard was commonly used in the appellate courts. “However, the ‘mere repetition of a purported rule of law does not establish its validity.’”
The whole case, Best v. Best, No. 101135 (9/21/06), is available by clicking here.