Family seeks protection order in wake of trespass charge

ST. CHARLES – The family whose house allegedly was trespassed by the former superintendent of the Illinois Juvenile Prison Schools has filed an emergency order of protection in DeKalb County.

Kye D. Gaffey, 41, and his wife, Jennifer, 42, both were arrested on misdemeanor charges of trespassing and criminal damage to property of the house where Jennifer’s 6-year-old son lives with his father on the 0-99 block of Southgate Course, St. Charles.

Kye Gaffey said he resigned his position Tuesday after his and his wife’s arrest Aug. 15 in St. Charles.

A spokesman for the Illinois Department of Juvenile Justice did not return a message seeking to confirm Gaffey’s resignation.

Peter Smith said he filed the emergency order of protection in DeKalb County on Monday because he and Jennifer Gaffey lived in Sycamore when they were married. According to the order, Jennifer Gaffey is not to have contact with her son, nor come within 500 feet of Smith’s residence or contact anyone else to talk to Smith.

In earlier comments, Gaffey said his wife and Smith, who share custody of their son, never were married. Smith disputed that and provided a copy of their divorce decree, filed in DeKalb County, which was finalized June 16, 2011.

Gaffey did not return a message seeking further comment.

Although the divorce decree names his then-wife as Jennifer Houdek, Smith said that is the last name his former wife used.

The emergency order of protection indicates that Jennifer Gaffey also is known as Jennifer Houdek.

The Gaffeys, of Sterling, were released on $1,500 bonds each, and are scheduled to appear Sept. 19 in Kane County Branch Court.

Gaffey claimed that they went to the house to document the son’s living conditions and never went into the house.

According to police, a neighbor who was keeping an eye on the house reported the couple as intruders.