Presentation on theme: "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)"— Presentation transcript:
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
EOPIOPPOPPOLICE YES #1 - Prohibition of further abuse
EOPIOPPOPPOLICE YES #2 – Exclusive possession of residence
# 8 - Removal or concealment a minor child EOPIOPPOPPOLICE 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 EOPIOPPOPPOLICE YES
#14.5 - Prohibition of firearm possession EOPIOPPOPPOLICE §§YES
Training Exercise Handling the Call: Domestic Violence Vignettes Scene 10 “I Just Came to Get My Tools”
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 toAllegations of a domestic violencesexual nature Address property, Cannot address custody/visitation these issues & child support No attorney appointedAttorney 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
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 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, 4 th Judicial Circuit, Illinois 4 th 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.