Transcript Civil Legal Remedies

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
#1 - Prohibition
of further abuse
EOP
IOP
POP
POLICE
YES
YES
YES
YES
#2 – Exclusive
possession
of residence
EOP
IOP
POP
POLICE
YES
YES
YES
YES
# 3 - Stay away and
additional 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 -22
 Pilot notification Fall 2004 in 4 counties
 Statewide 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 days
 Can 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
domestic violence
Allegations of a
sexual nature
Address property,
custody/visitation
& child support
Cannot address
these issues
No attorney appointed
Attorney appointed
at Plenary Hearing
Similarities between
OP’s and CNCO’s

Both prohibit contact

Issued on petitioner’s word alone
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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
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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 Jurisdiction that enforces
the order determines:
the order determines:
- Who is protected
- How order is enforced
- Terms & conditions
- Arrest authority
- Length of order
- 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:
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Check NCIC Protection Order File
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Contact issuing court
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Arrest for all violations
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Alert the prosecutor’s office
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Enforce the order based on a good faith
Stalking No Contact Order (1)
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What cases would
SNCO apply to?

Who can file for
SNCO?

Where to file SNCO?
Stalking No Contact Order (2)
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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 for
Stalking 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.