CIVIL NO CONTACT ORDER 740 ILCS 22/101, et seq. Eff. Jan 1, 2004 Amended by HB 3918, eff. Jan 1, 2010

Assistant Appellate Prosecutor Patrick L. Hahn Assistant Appellate Prosecutor Illinois State’s Attorneys Appellate Prosecutor 725 South Second St. Springfield, IL 62704 phahn@ilsaap.org

Illinois Legislature States -Rape is the most heinous crime against another person short of murder. - FBI statistics show a women is raped every 6 minutes in US - Victims who do not report the crime still desire safety and protection from future interactions with the offender. - The victim should be able to seek a civil remedy requiring only that the offender stay away from the victim. 740 ILCS 22/102

Purpose of presentation Consider the importance of an underutilized tool

Questions Who has seen a Civil No Contact Order? Who has not heard of Civil No Contact Order? Has anyone ever prosecuted a violation for CNO?

Fact Pattern Sue rents an apartment in a new town, meets Dirk at a local bar, 30 days later they get married and Dirk moves in . Sue’s family lives 75 miles away Dirk has 2 prior Domestic Battery convictions one on each prior wife After 2 weeks of marital bliss, Dirk tells Sue that he fantasizes about a 3-way with Sue and another man. Sue explains that she is no longer into group sex. 1 week later Sue shows up to work tells co-worker that night before Dirk invited his friend Bill over, that Dirk dragged her into their bedroom and held her down while Bill vaginally raped her. It was the first time Sue ever met Bill

Prior to 2004 How could Sue seek protection from Bill? Conditions of Bond? What if charges are not immediately filed? How can Sue seek protection from Dirk?

Who can file a Petition? Any victim of non-consensual sexual assault or sexual penetration Any person on behalf of a minor child or adult victim with disabilities 740 ILCS 22/201 As of 1/1/10 protects family/household members and employees or volunteers at a rape crises center who are assisting the victim

Who can be a named Respondent? Strangers Neighbors Co-workers employers Mom’s boyfriend Friends, classmates Caretakers Not limited family or household relationships

Definitions Based on Sexual Assault and Sexual Abuse Statutes Sexual penetration- any contact, however slight between the sex organ or anus of one person by any object, the sex organ, mouth or anus of another person or any intrusion, however slight, of any part of the body of another person, including but not limited to cunnilingus, fellatio or anal penetration. Evidence of emission of semen is not required to prove sexual penetration. Need not prove force or threat of force – simply nonconsensual - 720 ILCS 22/103

Definitions Cont. Sexual Conduct – intentional or knowing touching or fondling by victim or accused either directly or through clothing of -the sex organs, anus, or breast of the victim or accused or -any part of a child under 13 or -transfer of semen from accused onto body or clothing of victim

How do you Start? File in any civil court - 740 ILCS 22/202 May be in conjunction with criminal prosecution May be in conjunction with Juvenile case May be an independent action No filing fees Clerk shall provide forms Not for issues of child support, custody, property disputes etc.

What did he do? Pleading must be verified or accompanied by affidavit Must allege victim has been the victim of sexual conduct or sexual penetration Victim’s address may be omitted and alternative address can be designated for notice 740 ILCS 22/203

Show me the evidence Code of Civil Procedure and Supreme Court and local rules apply Proof by a preponderance of the evidence Rape crises advocates shall be allowed to accompany and confer with victim 740 ILCS 22/204

Risks to Respondent Filing a petition does not waive any privileges including medical or mental health privileges and the rape crises center privilege 740 ILCS 204.2 Clarification Eff. 1/1/10 Would subject Respondent to cross- examination

Appointment of Counsel 740 ILCS 22/204.3 More respondents have been showing up with attorneys at hearings If Respondent has an attorney the court may appoint counsel to represent petitioner

Trial by Jury No right to trial by jury 740 ILCS 22/204.5

VENUE County where sexual conduct or sexual penetration occurred County where respondent resides County where victim resides Can you think of reasons why you may want to use different venue CNO V. criminal case? 740 ILCS 22/207

What about Sue’s Statement Generally prior sexual activity or reputation inadmissible, exceptions require offer of proof. Court must find evidence is relevant and that the probative value outweighs the danger of unfair prejudice or embarrassment to the petitioner. 740 ILCS 22/212 – Rape Shield applies Addition eff 1/1/2010

What Protection are we looking for? Order respondent to stay away from Petitioner Other injunctive relief as necessary As of 1/1/2010 -No third party contact -No contact with residence, school, daycare or other specified location -Protects property and animals 740 ILCS 22/213

What about Dirk? 740 ILCS 22/213.7 Eff. 1/01/2010 Adds in respondents who intentionally aid and abet

How long will Sue be protected? Emergency 14 - 21 day order Must establish 1. Jurisdiction 2. It happened by preponderance of Evidence 3. Good cause is shown to excuse prior notice, i.e., increase risk of harm. 740 ILCS 22/214

Duration Plenary order last for up to 2 years or if filed in conjunction with criminal case until termination of case not to exceed two years. As of 1/01/2010 new subsection 216 (d-5) a judge can grant an extension of a plenary CNCO until the CNCO is vacated or modified. 740 ILCS 22/216

Contents of Order Name of victim - as of 1/1/10 names of other protected parties Type of order Emergency v. Plenary Penalties: Class A for 1st offense, Class 4 for 2nd or subsequent 740 ILCS 22/217 Enforceable in all 50 states pursuant to the Violence Against Women Act (18 U.S.C 2265)

Additional Facts: Sue is Bi-Polar and unstable What can we do to Protect Sue? If the court finds that testimony by the petitioner in the courtroom may result in serious emotional distress to the petitioner, the court may order that the examination of the petitioner be conducted in chambers. 740 ILCS 215.5 Does not mean Respondent is excluded, may want to simply ask the court to clear courtroom of all nonparties

Be Aware Reopening Orders by alleged dirt bag Upon 2 days notice to petitioner, respondent may appear for rehearing Must verify and allege: 1. No Notice 2. Meritorious Defense 740 ILCS 22/218.5

Enforcement New section effective 1/1/2010 - 740 ILCS 22/220 Through both criminal and civil contempt proceedings Courts may issue body attachment without prior service of petition for rule to show cause if there is evidence of immediate danger or evidence that respondent likely to flee. The court should impose a minimum 24 hour imprisonment for 1st violation and 48 hour imprisonment for second or subsequent violation. File Criminal Charges pursuant to 740 ILCS 22/219

How can Sue Protect her Home Safe Homes Act, 765 ILCS 750/1 et seq. Requires landlords to change locks within 48 hours upon written request of tenant who is under threat of domestic violence or sexual assault If threat of violence is from person who is a lessee, the notice must be accompanied by a copy of an order of protection. Safe Home Act Provides affirmative defense to tenant who because of domestic violence or sexual assault must vacate and terminate lease early

What can you do when Sue tells you she needs time off from work? Victim’s Economic Security and Safety Act 820 ILCS 180/1 et seq. allows victims of domestic violence and sexual assault to take unpaid leave up to 12 weeks Allows victim to take time off to seek medical attention, counseling, victim services and legal assistance. Employer required to maintain the confidentiality of all information pertaining to the VESSA leave.