Legal Remedies

What is an Order of Protection?

Order of Protection (1)

An Order of Protection (OP) is:

A Court Order Prohibits an Abuser (the

Respondent) from harassing, abusing, intimidating, stalking their Victim (the Petitioner)

Order of Protection (2)

The Illinois Domestic Violence Act protects victims of domestic violence from abusers who are “family or household members”

“The victim does not have to have an Order of Protection in place in order to receive assistance from law enforcement.”

Order of Protection (3)

The IDVA protects victims of domestic violence from abusers who are: “family or household members”

- Related by blood, or by former or current marriage - Share or formerly shared a common dwelling - Have or allegedly have a child in common - Have or allegedly have a relationship through a child - Have or had a dating or engagement relationship - High-risk adult with disabilities who is abused by a

family member or caregiver

Order of Protection (4)

May be issued in:

civil court

criminal court

juvenile court

Order of Protection (5)

Who is protected?

Family or household member

High-risk adult with disabilities

Minor child or dependent adult

Other resident or employee of shelter

Order of Protection (6)A petition may be filed by:

The victim

On behalf of a minor child or an adult who cannot file the petition

On behalf of a high-risk adult with disabilities

This Act states no petitioner shall be denied an order of protection because either party is a minor (750 ILCS 60/214)

Order of Protection (7)

An OP can be filed in any county where:

The petitioner resides

The respondent resides

The abuse occurred

Where petitioner resides temporarily to avoid abuse

Types of Orders of Protection (1)

Emergency Order (EOP) Valid for 14-21 days Can be obtained

without notice to the alleged abuser

Types of Orders of Protection (2)

Interim Order (IOP) Valid for up to 30 days Issued after

respondent is served

Types of Orders of Protection (3)

Plenary Order (POP) Can be valid for

various lengths of time○ Divorce○ Criminal case○ Independent

17 REMEDIES in an

Order of Protection

6 can be enforced

by the police

Police Enforceable Remedies

#1 - Further abuse #2 - Possession of

the residence #3 - Stay away #8 – Removal of

child #14 - Under the

influence #14.5 - Firearms

EOP IOP POP POLICE

YES YES YES YES

#1 - Prohibition of further abuse

EOP IOP POP POLICE

YES YES YES YES

#2 – Exclusive possession of residence

# 3 - Stay away andadditional prohibitions

EOP IOP POP POLICE

YES YES YES YES

# 8 - Removal or concealment a minor child

EOP IOP POP POLICE

YES YES YES YES+

Child Abduction + Enforcement of Orders

750 ILCS 60/223 (a)(2)

- The respondent commits Child Abduction

(720 ILCS 5/10-5) by knowingly violating remedies #5,

#6, and #8 of order of protection.

- Child Abduction is a Class 4 felony.

# 14 - Prohibition of entry

EOP IOP POP POLICE

YES YES YES YES

#14.5 - Prohibition of firearm possession

EOP IOP POP POLICE

§ § YES YES

Training Exercise

Handling the Call:

Domestic Violence Vignettes

Scene 10

“I Just Came to Get My Tools”

Problem Cases

Short Form Background

More than 17,000 OP’s listed in LEADS as not served.

Law passed January 1, 2001 - 725 ILCS 5/112A -22Pilot notification Fall 2004 in 4 countiesStatewide Fall 2005

Why Short Form? (1)

It’s impossible to enforce an OP without service

.

Why Short Form? (2)

Short form gives respondent

actual knowledge of OP

Short Form Service (1)

“SRV” date area is blank in LEADS entry if OP has not been served

Short Form Service (2)

Short form does not replace service of the full order by the Sheriff’s Department

Probable Cause?

Short forms used during routine stops where LEADS reveals an un-served order of protection.

Short Form Paperwork (1)

Fill in respondent’s current address, if available

Complete affidavit of service – does not need to be notarized

Short Form Paperwork (2)

- Complete back, telling respondent where to pick up full order

Law enforcement agency please write in or stamp addresses here

Sheriff’s Office Circuit Court Clerk

After Completing Form

Give white copy to respondent

Notify LEADS personnel for Add-on

Turn in copies

Out of County/State Orders

Use short form to serve respondent from another county/state.

What if Respondent Refuses Short Form?

Verbal attempt to tell respondent is actual notice

Then complete form and LEADS add on

Consider arresting under 720 ILCS 5/31-3, Obstructing Service of Process charge.

What if Respondent does not pick up full copy of OP?

No deadline/no penalty

Respondent held responsible to OP

Respondent can be charged with VOOP

What is a Civil No Contact Order?

A Court Order that requires the respondent to stay away from the person he sexually assaulted or sexually abused. 740 ILCS 22/101

Who Can Ask for a CNCO?

Any person who has been sexually touched without consent

Any other person seeking to be protected by this act.

No relationship necessary

Who can be a Respondent in a CNCO?

The person alleged to have committed the act

Any other named person alleged to have aided and abetted the act

740 ILCS 22/103, 740 ILCS 22/213.7 (new)P.A. 096-0311 effective date 1/01/10

Types of Civil No Contract Orders (1)

Emergency Order (EOP)Valid for 14-21 daysCan be obtained without

notice to the alleged abuser if abuse would be more likely to occur if abuser was given notice

Types of Civil No Contract Orders (2)

Plenary Order (POP)Can be valid for various lengths of time

○ Criminal case – valid for the length of the defendant’s sentence plus 2 years

○ Independent – valid for a fixed time up to 2 years or can be extended until further order after initial 2 year order

What does the CNCO do?

Stay away from petitioner

No third party contact

Stay away from petitioner’s home, school or job

Stay away from animal owned by petitioner.

What does the CNCO do?

Additional protections

Grant an extension of a plenary CNCO

Contempt procedure

What if Petitioner and Respondent

go to the same school?

Differences between OP’s and CNCO’s

Relationship No relationship

Related to Allegations of adomestic violence sexual nature

Address property, Cannot addresscustody/visitation these issues& child support

No attorney appointed Attorney appointed at Plenary Hearing

Similarities between OP’s and CNCO’s

Both prohibit contact

Issued on petitioner’s word alone

Obtain on their own or with advocate’s assistance

First file Emergency Order and may conclude Plenary Order

Can arrest respondents for violation of both Orders

What can an Advocate do? (1)

Explain legal proceedings to petitioner

Provide confidential support for petitioner

Assist petitioner in completing legal paperwork

Accompany petitioner to court

Provide counseling, emergency shelter, etc.

What can an Advocate do? (2)

Sexual Assault and Domestic Violence Advocates will be a “CONSTANT” resource for the victim throughout the medical and legal process.

How Should an Officer Respond to Violations of Orders of Protection

and Civil No Contact Orders

First offense – Class A Misdemeanor

Subsequent offense – Class 4 Felony

Report EVERY violation Utilize arrest powers

without a warrant

Petitioner cannot violate their own Order of Protection.

Full Faith and Credit

Jurisdictions must honor and enforce orders issued by courts in all other jurisdictions

OPs & CNCOs are enforced in all jurisdictions no matter where original order was issued

What makes an OP or CNCO valid?

Which laws apply?

Jurisdiction that issues

the order determines:

- Who is protected

- Terms & conditions

- Length of order

Jurisdiction that enforces

the order determines:

- How order is enforced

- Arrest authority

- Detention & notification

procedure

- Penalties or sanctions

Federal Law

Information that must be on Order so that officer can enforce it:

Both parties named

Date issued

Not expired

Terms & conditions

Issuing court named

Signature of a judicial officer

If no copy of Order available, officer should:

Check NCIC Protection Order File

Contact issuing court

Arrest for all violations

Alert the prosecutor’s office

Enforce the order based on a good faith

Stalking No Contact Order (1)

What cases would SNCO apply to?

Who can file for SNCO?

Where to file SNCO?

Stalking No Contact Order (2) Advocates may assist victim

Service of SNCO made by law enforcement, process server, or publication.

No fees should be charged for filing SNCO

Stalking No Contact Order (3)

Emergency Order – 14 to 21 days

Plenary Order – 2 years

Remedies forStalking No Contact Order

Remedies:

- Prohibit stalking

- No contact with petitioner or third person named by court

- Stay away

- Prohibit possession of FOID card or firearms

Other Civil Legal Remedies

Restraining Order

Divorce Decree Stipulation

Criminal Legal Remedies (1)No Contact Conditions of Bail Bond/Probation

1. 72-Hour No Contact Conditions of Bond – DV Specific

In place for any defendant who has been charged with criminal offense in which the victim was a family or household member as defined by the IDVA.

The defendant must “refrain” from contact or communications with the victim, and “refrain” from entering or remaining at the victim’s residence.

72-hours begin when defendant is released from custody.

Criminal Legal Remedies (2)No Contact Conditions of Bail Bond/Probation

2. Special No Contact Condition of Bond – Not DV Specific

A Judge orders a special condition that the defendant have no contact with a specific person, place, groups of people, etc. as a condition of bond.

If the victim is a family or household member a Violation of Bail Bond (VOBB) charge could be filed by the SA. Class A Misdemeanor.

If the victim is not a family or household member a State’s Attorney has several options (depending on the violation) such as immediately asking for bond to be increased, or asking for the matter to be set for hearing before the judge re-assesses the bond.

725 ILCS 5/110-6

Criminal Legal Remedies (3)

3. No Contact Condition of Probation – Not DV specific

* A violation of probation can be arrest-able or it can result in a request by the probation department for a Petition to Revoke Probation be prepared and filed by the SA (then the matter is set for hearing.) It is imperative for this contact to be documented. Always, always take a written statement!

Acknowledgements

Resources provided by:

“An Advocate’s Guide to Full Faith and Credit for Orders of Protection”- Full Faith and Credit Project of the Pennsylvania Coalition Against Domestic Violence

OVW Rural Grant Committee, 4th Judicial Circuit, Illinois

4th Judicial Circuit FVCC Law Enforcement Committee

Illinois Attorney General’s Office

Law Enforcement Resource Center & Minnesota Program Development, Inc., 2000

This project was supported by Grant #2011-WE-AX-0055, awarded by the Office on Violence Against Women, U.S. Department of Justice, through the Illinois Violence Prevention Authority.

The original project was supported by Grant # 2008-WR-AX-0016, awarded by the Office on Violence Against Women, U.S. Department of Justice, through the Illinois Criminal Justice Information Authority.

Points of view, opinions, findings, conclusions or recommendations contained within this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice, Office on Violence Against Women, Illinois Violence Prevention Authority, or the Illinois Criminal Justice Information Authority.