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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).

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Legal Remedies

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  1. Legal Remedies

  2. What is an Order of Protection?

  3. 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)

  4. 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.”

  5. 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

  6. Order of Protection (4) May be issued in: civil court criminal court juvenile court

  7. 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

  8. 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)

  9. 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

  10. Types of Orders of Protection (1) Emergency Order (EOP) Valid for 14-21 days Can be obtained without notice to the alleged abuser

  11. Types of Orders of Protection (2) Interim Order (IOP) Valid for up to 30 days Issued after respondent is served

  12. Types of Orders of Protection (3) Plenary Order (POP) Can be valid for various lengths of time Divorce Criminal case Independent

  13. 17 REMEDIES in an Order of Protection 6 can be enforced by the police

  14. 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

  15. #1 - Prohibition of further abuse

  16. #2 – Exclusive possession of residence

  17. # 3 - Stay away and additional prohibitions

  18. # 8 - Removal or concealment a minor child

  19. 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.

  20. # 14 - Prohibition of entry

  21. # 14.5 - Prohibition of firearm possession

  22. Training Exercise Handling the Call: Domestic Violence Vignettes Scene 10 “I Just Came to Get My Tools”

  23. Problem Cases

  24. 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

  25. Why Short Form? (1) It’s impossible to enforce an OP without service .

  26. Why Short Form? (2) Short form gives respondent actual knowledge of OP

  27. Short Form Service (1) “SRV” date area is blank in LEADS entry if OP has not been served

  28. Short Form Service (2) Short form does not replace service of the full order by the Sheriff’s Department

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

  30. Short Form Paperwork (1) Fill in respondent’s current address, if available Complete affidavit of service – does not need to be notarized

  31. 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 OfficeCircuit Court Clerk

  32. After Completing Form Give white copy to respondent Notify LEADS personnel for Add-on Turn in copies

  33. Out of County/State Orders Use short form to serve respondent from another county/state.

  34. 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.

  35. 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

  36. 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

  37. 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

  38. 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

  39. 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

  40. 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

  41. 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.

  42. What does the CNCO do? • Additional protections • Grant an extension of a plenary CNCO • Contempt procedure

  43. What if Petitioner and Respondent go to the same school?

  44. Differences between OP’s and CNCO’s Relationship No relationship Related to Allegations of a domestic violence sexual nature Address property, Cannot address custody/visitation these issues & child support No attorney appointed Attorney appointed at Plenary Hearing

  45. 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

  46. 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.

  47. 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.

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