Obtaining an Order of Protection Danielle Parisi Ruffatto Domestic Violence Legal Clinic

Danielle Parisi Ruffatto Pro Bono Director Domestic Violence Legal Clinic 555 W. Harrison, Suite 1900 Chicago, IL

Volunteer Shift Overview An outline of a volunteer shift is on pages 4-5 Orientation session at 555 W. Harrison

Filing for an Order of Protection Petition for Order of Protection Affidavit Summons Sheriff’s Information Sheet Domestic Relations Cover Sheet Emergency Order of Protection (draft)

Affidavit Attached to the Petition and explains client’s relationship with Respondent, incidents of abuse, need for OP, and emergency nature of case Client must have personal knowledge of facts, except “on information or belief”

Affidavit First paragraph identifies nature of relationship, whether parties have any children in common, if they ever lived together, and when they separated

Affidavit Incidents of abuse List time, date, location, who was present Include specific facts, not just conclusions Stating that the Respondent “harassed me” or “threatened me” is a conclusion. You MUST include details, such as the number of phone calls received, content of statements made, etc. Presented in reverse chronological order (sets out emergency nature of case) Sample includes incidents of physical abuse, telephone harassment, and summary of abuse history

Affidavit Paragraph 2 IDVA allows court to prohibit specific acts of abuse (Paragraph 1 of the OP), “if such abuse, neglect, or stalking has occurred or otherwise appears likely to occur if not prohibited” In Smith v. Smith, all listed types of abuse have actually occurred Can state, “I am fearful that based on this behavior, he will stalk me.”

Affidavit Paragraph 3 IDVA states and Emergency Order of Protection shall issue if Petitioner establishes that the harm she seeks to prevent would be likely to occur if Respondent were given any/more notice Necessary to establish need for Emergency Order of Protection

Petition Court form that alleges Petitioner’s need for an Order of Protection (OP) and for the specific remedies requested Signed by the Petitioner and the attorney Structure Basic information about parties Establishes statutory relationship, venue, and jurisdiction over parties and minor children Allegations made as to specific remedies Remedies requested

Petition BASIC INFORMATION ABOUT PARTIES Petitioner and Respondent’s names and addresses Confidential address OBO = On behalf of Select the appropriate relationship box(es) Check box on pending cases “minor children” Jurisdictional questions No “father and child relationship” Primary caretaker Check all appropriate venue boxes

Petition ALLEGATIONS Protected persons Petitioner Can include other household members Allegations are contained in affidavit Exclusive possession of a residence “Stay away” provision Prohibiting presence at other locations Counseling

Petition Issues related to “minor children” Visitation Physical Care and Control Temporary Legal Custody Personal property that Petitioner owns or the parties own property jointly Request exclusive possession if Respondent has and Petitioner needs back Request protection for property that Petitioner has that may be damaged or taken Pets

Petition Child support Expenses Alcohol or drugs (ONLY) Firearms May involve additional considerations School and other records Other injunctive relief “stay away” means no contact by any means An alternative is “no unlawful contact” Disclosure box if address is confidential Additional allegations

Petition REMEDIES REQUESTED Largely follows the allegations section, except: Access to the residence Petitioner or Respondent Visitation See attached Visitation Checklist and Supervised Visitation handouts

Other paperwork required for filing Domestic Relations Cover Sheet Remember to include DOB and fill out bottom Summons Address where the Respondent can be served (home, work) Sheriff’s Information Sheet Information on the Respondent List your contact information Emergency Order of Protection Structure of Order matches that of “Remedies” portion of Petition “minor children” are not necessarily protected persons/parties

Court Procedure Conduct Court reporter

Emergency Order of Protection Hearing Introduce self and client Make sure your client is sworn in Ask introductory questions (or Judge may ask) Ask about incidents of abuse Most judges will allow leading questions (ex parte) Do not have to go through every incident Include if incident is relevant to specific remedy requested (ie, visitation being “reserved”)

Emergency Order of Protection Ask about fear of future abuse and notice Ask questions regarding remedies (ie, balancing hardships)

Petition Only At the end of the EOP hearing, the Judge may: Grant an EOP, Deny and EOP but continue the matter for hearing on the POP, OR Deny the EOP and dismiss the case If the Judge does not enter the EOP and continues the case for hearing, would your client rather: Proceed with the case, OR Withdraw the Petition so that the Respondent does not receive notice

Service of Process The Respondent will be served by the Sheriff Automatic, unless outside of Cook County Contact Sheriff to confirm service Proof of Service will be sent to the Clerk’s Office for inclusion in the court file

Return Court Dates When you return to court, any of the following may occur: Proceed to hearing on the Plenary Order of Protection, Proceed to default prove up and request that a Plenary Order of Protection be entered by default, Enter a Plenary Order of Protection by agreement, OR Continue the case and extend the Emergency Order of Protection

Continuance Although the case is set for hearing on the next (return) court date, it may be continued to allow for service, to set a hearing, or for the Respondent to obtain counsel If the matter is continued, the Emergency Order of Protection should be extended and the case continued in a Disposition Order Appear in court, identify self, and ask for an extension

Disposition Orders Temporarily extend Emergency Orders and continue case Get a copy from the Clerk when you arrive at court and fill it out Put your contact information in the bottom left-hand corner Remember to check boxes 1 AND 2 1 Extends EOP 2 Sets future court date

Agreed Plenary Order If the Respondent does appear (with or without counsel) and you can come to an agreement. Draft Order and have both parties review and sign. Step up and explain OP terms on the record.

Default Order of Protection If the Respondent is not present and has been served, you can ask that he be held in default and a Plenary Order be entered. Ask the Default Questions on page 48 Most judges will NOT require testimony about the abuse

Plenary Order of Protection Hearing Client Preparation Be sure to have client review affidavit Explain what will happen in court Prepare the client to pause if there is an objection, to take their time, answer only the questions asked, always be truthful Stress the importance of controlling emotions in Court Ask client what she thinks the Respondent will say Practice some direct exam questions – for you and the client Discuss any possible witnesses or evidence and review the rules

Plenary Order of Protection Hearing Witnesses Speak with personally Make sure you know what they can and will testify to Make an oral motion to exclude prior to start of hearing

Hearing Direct Exam Non-leading questions Important to go through all incidents of abuse Remember remedies (balancing tests)

Hearing Cross Exam -Use this opportunity to point out inconsistencies -Be aware of the incidents the Respondent did not dispute

Closing Argument Opportunity to argue your clients need for an OP, and for the specific remedies requested Point our errors in the Respondent’s case If admitted any abuse IDVA states OP shall issue If did not talk about specific incidents of alleged abuse at all – no denial of the abuse

Plenary Orders of Protection Set-up is similar to EOP, except that: Plenary Orders must have expiration information on first AND last pages Additional relief can be granted in POP, including visitation

Visitation Provisions Safety considerations Make terms clear Allow some contact in emergencies (only via /text, through a third party) Do not contradict other provisions