Transcript PLEADINGS AND OTHER PAPERWORK

Domestic Violence Division
Order of Protection
Pro Bono Representation
Training
2013
Leslie Landis, J.D.
Court Administrator
Domestic Violence Division
Domestic Violence Division
Created in 2010---combines criminal
and civil OP related matters within
one division.
 555 West Harrison Street
 50 to 60 pro se petitioners a day
 On site resources insufficient to meet
volume of need
 February 2011---pro bono program
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IDVA Purpose
Safety & Accountability
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Support efforts of victims to avoid further abuse
by promptly entering and diligently enforcing
court orders which prohibit abuse and
when necessary, reduce the abuser’s access
to the victim and
address any related issues of child custody
and economic support so that victims are not
trapped in abusive situations by fear of
retaliation, loss of a child, financial dependence
or loss of accessible housing or services
IDVA Intent
Address the full dynamics of domestic
violence illustrated by the Power and
Control Wheel Handout
 Illustrates a pattern of behavior not
limited to a violence incident.
 Risk factors have been identified by
looking at the history and the
intersections of these behaviors
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Basics on the IDVA
OP tool for safety
 Prohibits current abuse and prevents
future abuse
 Recognizes a large range of
relationships
 Recognizes that many acts of DV are
crimes
 Provides for exparte/emergency OP
intended to address the risk
associated with disclosure of abuse.
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Domestic Violence Court
Range of relationships and abuse
experience is wide at DV court.
 Victims can petition for an OP in both
criminal and civil cases
 Pro bono lawyers will be assisting
those who are seeking independent
OPs
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OPs can start here and get transferred to domestic
relations or juvenile courts
Victims with police reports are interviewed by the
State’s Attorney’s Office for possible criminal charges
when no arrest has been made.
Orders of Protection
All OPs ( civil & criminal) use the same
pleadings
 Pleadings and orders are forms
 Today, we will cover some of the
provisions of the IDVA and then apply
this information to pleading examples.
 Three kinds of OPs
Emergency
Interim
Plenary
Emergency Order Of
Protection
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Granted exparte (requires illustration of
why)
Remedies are limited due to lack of
service
Lasts 21 days but can be extended
(often is due to lack of service)
At DV court----walk in victims linked to lawyers for
assistance for EOPs, same day interview, pleading prep
and hearing.
Plenary Order of Protection
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Final order; must have service
Can last up to 2 years
Can last till modified if granted as part of a
divorce
Can last for 2 years beyond a jail term if
granted as part of a criminal case
DV Court---many victims get EOPs and do not
follow thru for plenary; lawyers will
accompany petitioner on the return date for
the plenary
Who can Petition for an OP
A person who has been the victim of abuse at the hands of a family or household member
Abuse
(Power and Control wheel)
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Physical abuse
Harassment
Intimidation of dependent
Interference with personal liberty
Willful deprivation
(specific examples repeatedly calling, following, threats of force, confinement, restraint)
(subjecting another who is dependent to participate or witness abuse of another)
(compel another to engage in conduct or refrain from conduct against will)
(depriving a dependent of necessities which expose them to risk of harm)
Family
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Persons who have or had a dating relationship
Spouses and Ex-spouses
People who have or allegedly have a child together (in common)
Parents and adult children
Siblings
“Step” relationships
People who are related by blood or marriage
People who share or allegedly share a blood relationship thru a child
Household members
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People who live together, or have lived together in the past, regardless of the nature of the relationship
Could be roommates, could be an intimate partner.
Caretakers for a disabled victim
Third party Petitioners
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any person on behalf of and abused person who because of age, health or disability cannot file
Emergency
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Fewer remedies because exparte
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why emergency:
Not required to have physical
manifestations
Harm seeking to prevent would likely
occur with notice
DV Court----if more than a week transpired what
caused the delay---why now?
Who can be protected?
Victim
 Children of victim
 Other family or household members
 People employed by victim’s home
like babysitter
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EOP Remedies
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Prohibit abuse (full definition)
Exclusive Possession of residence (balance)
Prohibit entrance to residence under influence
Stay Away (no contact or specific addresses)
Physical care possession of children
Prohibit removal/concealment of child or appear
with child (abduction threat)
Protect Property
Prohibit access to child records
Other injunctive relief
Plenary OP
Form petition for EOP plays forward for Plenary and is served
on Respondent
If EOP granted; notice given for return date before or at 21
days; petition and EOP served on respondent for hearing on
Plenary
Plenary remedies (reflected on original petition)
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Temporary custody
Child support
Money for medical or other expense losses
Confiscation of weapons
Counseling for respondent
Enforcement of OP
Violation of Order of Protection (VOOP)
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Misdemeanor crime if violates prohibition of
abuse; exclusive possession; stay away
Police are required to take a report or
make an arrest
Respondent has to have been served
DV Court---alias summons are often necessary
but police should still be called