Legal Remedies Legal Remedies

What is an Order of Protection? Ask trainees “What do you know about Orders of Protection?” “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 (1) An Order of Protection (OP) is: A court order prohibiting the respondent from committing acts of harassment, physical abuse, intimidation, stalking, neglect, exploitation, or willful deprivation. - Petitioner = person filing the order - Respondent = person the order is sought against

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 (2) “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 (3) “The victim does not have to have an Order of Protection in place in order to receive assistance from law enforcement.” 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 (4) An Order of Protection may be issued in: - civil court, usually with assistance from an advocacy program or private attorney criminal court, in connection with a criminal charge juvenile court, in connection with a delinquency petition or criminal prosecution

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 (5) Who is protected by on Order or Protection: - any person abused by a “family or household member” any high-risk adult with disabilities who is abused, neglected, or exploited by a family or household member any minor child or dependent adult in the care of such person any person residing or employed at a private home or public shelter which is housing an abused family or household member

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 (6) A petition for Order of Protection may be filed by: - the person who is being abused by a “family or household member” - any person on behalf of a minor child or an adult who has been abused by a family or household member who, because of age, health, disability, or inaccessibility cannot file the petition - by any person on behalf of a high-risk adult with disabilities who has been abused, neglected, or exploited by a family or household member - 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 Order of Protection (7) An Order of Protection can be filed in any county where: - The petitioner resides - The respondent resides - The abuse occurred - Where petitioner resides temporarily to avoid abuse - Ask trainees for examples of cases where there have been issues in filing an OP.

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 (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 Orders of Protection (2) Interim Order (IOP) Valid for up to 30 days Issued after respondent is served 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 Types of Orders of Protection (3) Plenary Order (POP) - Can be valid for various lengths of time Divorce – valid for the life of the decree 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

17 REMEDIES in an Order of Protection 6 can be enforced by the police There are 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 Police Enforceable Remedies #1 - Prohibition against further abuse #2 - Exclusive possession of the residence #3 - Stay away #8 - Removal or concealment of child #14 - Prohibition from entering or staying in home while under the influence #14.5 - Firearms prohibition

#1 - Prohibition of further abuse EOP IOP POP POLICE YES #1 - Prohibition of further abuse Includes physical abuse, harassment, intimidation, interference with personal liberty, or willful deprivation. DOES NOT INCLUDE reasonable direction of a minor child.

#2 – Exclusive possession of residence EOP IOP POP POLICE YES #2 – Exclusive possession of residence Can be used if petitioner has right to occupy and respondent does not. Can be used if both have the right to occupy and the balance of hardships favors the petitioner. - DOES NOT effect title to property

additional prohibitions # 3 - Stay away and additional prohibitions EOP IOP POP POLICE YES # 3 - Stay away and additional prohibitions Requires the respondent to stay away from the petitioner. Can specify distance (----feet away), and/or locations such as home, work, school, etc.

concealment a minor child # 8 - Removal or concealment a minor child EOP IOP POP POLICE YES YES+ # 8 - Removal or concealment a minor child Prohibits respondent from removing the child from state or concealing the child in state

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. 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 # 14 - Prohibition of entry Respondent is prohibited from entering or staying in home while under the influence and a threat to petitioner or children

# 14.5 - Prohibition of firearm possession EOP IOP POP POLICE § YES #14.5 - Prohibition of firearm possession If the court finds that there is a danger of ILLEGAL use against petitioner, then the court MUST ORDER respondent to turn over weapons to local law enforcement

Domestic Violence Vignettes Training Exercise Handling the Call: Domestic Violence Vignettes Scene 10 “I Just Came to Get My Tools” Training Exercise Play Scene 18 “I Don’t Want Him Here Tonight” from Handling the Call: Domestic Violence Vignettes DVD (5 minutes 40 seconds) What did officers do correctly when responding to this domestic call? Suspect Victim Scene/Weapons Past History/Context - What else should they have done or not done?

Problem Cases Ask your trainees the following questions: 1. Have you ever had a case where a domestic abuser wasn’t following the restrictions of the order of protection? 2. Have you ever had a case when a domestic abuser wasn’t served with an order of protection, so you couldn’t enforce it? 3. Have you ever had a case where you couldn’t prosecute a violation because a domestic abuser hadn’t been served? What can help with these problem cases? Short Form Notification

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 Short Form Background There were more than 17,000 OP’s listed in LEADS as not served. This number showed that there was a need for an alternative method of serving OPs. This led the IL Attorney General’s Office to develop the Short Form method of notification. - Law passed 2001 - 725 ILCS 5/112A -22 AG’s office worked on procedures 2002-2003 Effective January 1, 2002 (2nd state with law, Minnesota first) Pilot initiated Fall 2004 (Dekalb, Marion, Sangamon, Will) Introduced statewide Fall 2005 - 725 ILCS 5/112A-22(c) states that the sheriff, other law enforcement official, or special process server may serve the respondent with a short form notification

It’s impossible to enforce an OP Why Short Form? (1) It’s impossible to enforce an OP without service . Why Short Form? (1) - The victim took the first step. - The cops and courts did their work. - The judge issued an order but……. - It’s impossible to enforce an OP without service. Goal: Protect victims from future abuse by allowing any law enforcement officer to serve domestic violence respondents.

Short form gives respondent Why Short Form? (2) Short form gives respondent actual knowledge of OP Why Short Form? (2) - Short form gives respondent actual knowledge of OP - People v. Ramos (People v. Ramos, 316 Ill. App. 3d 18; 735 N.E.2d 1094) - Held that respondent could be charged with violating order, even though he wasn’t served, when victim and officer told him about order prohibiting him from victim’s residence

Short Form Service (1) Short Form Service (1) “SRV” date area is blank in LEADS entry if OP has not been served Short Form Service (1) The short form is completed and served only on respondents who have not received a full order of protection Law enforcement will know by: - LEADS O.P. response will have a blank in the “SRV” date area - Respondents will verbally advise officer

Example of LEADS entry – doesn’t have to be read word for word. Shows where on LEADS entry Service of OP (or Short Form) is noted – outlined in red.

Short Form Service (2) Short form does not replace service of the full order by the Sheriff’s Department Short Form Service (2) Short form does not replace service of the full order by the Sheriff’s Department - Short form is a summary - Gives respondent actual knowledge, but few details - Sheriffs should still attempt service of full order because the full OP has much more information The short form may be especially useful to serve a respondent from outside the county

Probable Cause? Short forms used during routine stops where LEADS reveals an un-served order of protection. Probable Cause? Short forms are to be used during routine encounters, traffic stops, etc., where LEADS reveals an un-served order of protection. Your department defines its own probable cause. Ask trainees for examples………… How long can officers detain a respondent to serve the short form? - The law authorizes officers to detain respondent for a reasonable time in order to complete service with the short form. Your agency defines reasonable time.

Short Form Record

Short From Notice – Copy for Respondent

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 (1) Officer should complete Short Form Paperwork: 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 Short Form Paperwork (2) - Complete back of form telling respondent where to pick up full order of protection

After Completing Form Give white copy to respondent Notify LEADS personnel for Add-on Turn in copies After Completing Form: Give white copy to respondent - Advise re: “Restrictions” section & - “Notice to Respondent” section - Direct attention to the back of white form - Do not give respondent a LEADS printout Notify LEADS personnel for Add-on - Short form served, date, time, officer name & ID, Agency, and respondent’s address - Originating agency will go into the master file and add the short form service date in to the SRV field Turn in copies

Out of County/State Orders Use short form to serve respondent from another county/state. Out of County/State Orders: Use the short form to serve respondent from another county Send the pink and gold copies to the sheriff’s office in the county the O.P. was filed - Sheriff then sends the GOLD copy to their circuit court clerk for the court file

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 Refuses Short Form? When you verbally tell respondent and attempt to serve the short form, respondent has actual notice Complete form and LEADS add on Consider arresting under 720 ILCS 5/31-3, Obstructing Service of Process charge You can arrest respondent for a violation if he or she stays or returns to a protected residence after you have served short form

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 if Respondent does not pick up full copy of OP? - Law has no deadline & no penalty for failing to pick it up - But, the respondent now has actual knowledge of the order of protection - Respondent can be held responsible to its restrictions and protections - Respondent can be charged with violating the order of protection (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 What is a Civil No contact Order? A Civil No Contact Order (CNCO) is: A Court Order that requires the respondent to stay away from the person he sexually assaulted or sexually abused. - Became effective January 1, 2004 Issued by a Civil Court Emergency CNCO Plenary CNCO 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 ask for a CNCO? Any person, regardless of age, who has been sexually touched or penetrated in a way that she or he did not consent to can get a CNCO Any other person seeking to be protected by this act Any family or household member of named victim Any employee or volunteer of a Rape Crisis Center P.A. 096-0311 effective date 1/1/10 - There does not need to be a relationship with the offender to get a CNCO 740 ILCS 22/201

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 Who can be a Respondent in a CNCO? - The person alleged to have committed an act of non-consensual sexual conduct or non-consensual sexual penetration Any other named person alleged to have aided and abetted such an act of non-consensual conduct or non-consensual penetration 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 Contact 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 Types of Civil No Contact 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? - The CNCO requires the respondent to stay away - May keep respondent from contact through third parties - The offender may be ordered to stay away from petitioner’s home, school or job - May order respondent to stay away from any animal owned by petitioner 740 ILCS 22/213, P.A. 096-0311 effective 01/01/10

What does the CNCO do? Additional protections Grant an extension of a plenary CNCO Contempt procedure What will the CNCO do? Any other injunctive relief as necessary or appropriate for the protection of the petitioner Additional protections for petitioners (e.g., allowing the victims to testify in judges’ chambers, greater protection of victims’ mental health and medical records) A provision allowing a judge to grant an extension of a plenary CNCO until the CNCO is cancelled or changed A contempt procedure to enforce a CNCO when it is violated

What if Petitioner and Respondent go to the same school? Ask trainees: What can be done if Petitioner and Respondent go to the same school? - It does not matter if the school is public or private - The court may order that the respondent not attend the same school as the petitioner - If the court orders the respondent to attend a different school, the parents or legal guardians of the respondent are responsible for transportation and other costs associated with the change 740 ILCS 22/213, P.A. 096-0311 effective 01/01/10

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 - There must be a relationship as defined in the IDVA to file an Order of Protection whereas Civil No Contact Orders do not require a relationship. - Orders of Protection address a wide range of allegations related to domestic violence whereas a Civil No Contact Order only focuses on allegations of a sexual nature. - Orders of Protection can address issues of property, custody/visitation, and child support whereas a Civil No Contact Order cannot. - In a Civil No Contact Order, an attorney can be appointed to the petitioner at the Plenary Hearing whereas in an Order of Protection an attorney cannot be appointed.

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 - Both orders prohibit the respondent from contacting the petitioner and other protected parties. - A judge can issue an Order of Protection and Civil No Contact Order based on the petitioner’s word alone. There does not need to be a police report or physical evidence. - Most people obtain a Civil No Contact Order and Order of Protection on their own or with the assistance of an advocate. - Both orders begin by filing an Emergency Order and may conclude with the petitioner pursuing a Plenary Order. - Officers can arrest respondents for violating both an Order of Protection and a Civil No Contact Order.

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? (1) - Explain legal proceedings in a way petitioner can understand. - Provide confidential support for the petitioner that cannot be disclosed in a civil or criminal proceeding. - Assist petitioner in completing legal paperwork for civil proceedings. - Accompany petitioner to court and sit at counsel table with petitioner. - Provide other services such as counseling and emergency shelter along with other referral sources.

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. What can an Advocate do? (2) - Explain each stage of the investigation and prosecution process - Help family members - Secure transportation for victims - Assist in relocating residences if necessary - Discuss safety plan - Sexual Assault and Domestic Violence Advocates will be a “CONSTANT” resource for the victim throughout the medical and legal process

Petitioner cannot violate their own Order of Protection. 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 How should an Officer respond to Violations of Orders of Protection and Civil No Contact Orders? - Class A Misdemeanor for first offense - Class 4 Felony for second of subsequent offense - Write a good report on every violation - Do NOT DISREGARD violations, even those that don’t rise to the level of bodily harm. Take all violations seriously. - Utilize arrest powers when necessary. May make arrest without a warrant. Petitioner cannot violate their own Order of Protection. 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 is Full Faith & Credit? - Full faith and credit is a legal term that means jurisdictions must honor and enforce orders issued by courts in all other jurisdictions. - Orders of Protection and Civil No Contact Orders should be enforced in all jurisdictions no matter where the original order was issued.

What makes an OP or CNCO valid? - The court that issued the order must have had personal jurisdiction over the parties and subject matter jurisdiction over the case. - The respondent must have had notice and an opportunity to be heard.

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 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 Federal law does not require registration/filing of the order in the new jurisdiction Federal law also does not require that an order be “certified” to be enforced However both procedures are recommended Full Faith and Credit Project: 1-800-256-5883

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 the petitioner has a copy of the order, an officer should enforce it if: - It contains the names of both parties - It includes the date it was issued - It appears to be in effect (has not expired) - It specifies terms & conditions with which the abuser must comply - It contains the name of the issuing court - It includes the 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 If the petitioner does not have a copy of the order, the officer can: - Check to see if order has been entered into issuing or enforcing jurisdiction’s protection order registry or the NCIC Protection Order File - Contact issuing court for verification of order’s validity - Arrest for all violations of the order and any other crimes that may have been committed - Alert the prosecutor’s office of all crimes committed under the enforcing jurisdiction’s criminal code - Enforce the order based on a good faith belief the order is valid

Stalking No Contact Order (1) What cases would SNCO apply to? Who can file for SNCO? Where to file SNCO? Stalking No Contact Order? (1) Effective January 1, 2010: - A petition for a Stalking No Contact Order may be filed when relief is not available under the IDVA - Petition can be filed by victim of stalking or a person on behalf of a minor child or an adult who cannot - Petition can be filed in civil court, in conjunction with a delinquency petition, or in criminal court - The court may appoint counsel to represent the petitioner if the respondent is represented at Plenary Hearing - Petition can be filed in any county where the petitioner resides, the respondent resides, or where one or more acts of the alleged stalking occurred

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 (2) - Victim advocates may accompany the victim to court and assist in the completion of paperwork unless otherwise directed by the court - Service of the No Contact Order can be made by law enforcement, process server, or publication - No fees should be charged for filing a petition for a Stalking No Contact Order

Stalking No Contact Order (3) Emergency Order – 14 to 21 days Plenary Order – 2 years Stalking No Contact Order (3) Duration and extension of Stalking No Contact Orders: - Emergency Order – 14 to 21 days - Plenary Order – 2 years - Plenary in conjunction w/criminal prosecution: duration of criminal case plus 2 years or permanent if conviction for stalking is entered

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 Remedies for Stalking No Contact Orders: Prohibit respondent from threatening to commit or committing stalking Order the respondent not to have any contact with petitioner or a third person specifically named by the court Prohibit respondent from knowingly coming within a specified distance of the petitioner or petitioner’s residence, school, daycare, place of employment, or any specified place frequented by petitioner However, the court may order the respondent to stay away from the respondent’s own home only if respondent has been provided actual notice of the opportunity to appear and be heard on petition Prohibit the respondent from possessing a FOID card or possessing firearms Order other injunctive relief the court determines to be necessary to protect petitioner or other protected parties The court shall award petitioner costs and attorneys fees if order is granted

Other Civil Legal Remedies Restraining Order Divorce Decree Stipulation Other Civil Legal Remedies Restraining Order Usually issued in independent proceeding with the assistance of a private attorney Typically the petitioner has no relationship to respondent and allegations are not of a sexual nature - Not police enforceable Divorce Decree Stipulation Not police enforceable

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 (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 (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! 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!

Chart of Differences in Legal Remedies Related to Family Violence from 4th Judicial Circuit

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 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. 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.