1. Jennifer Payne, LAF September 2017
orders of protection
Jennifer Payne, LAF
September 2017

2. Common Sources of Law
Illinois Domestic Violence Act of 1986 (IDVA) 750 ILCS 60/101
Stalking No Contract Order Act 740 ILCS 21
Civil No Contract Order 740 ILCS 22
Address Confidentiality Act 750 ILCS 60/101
UCCJEA (Uniform Child-Custody Jurisdiction and Enforcement Act) 750 ILCS 36/101
Illinois Long-Arm Statute 735 ILCS 5/2-209

3. Orders of Protection - IDVA
A civil order of protection is issued when a victim proves that she needs the order to stop “abuse.” (“Abuse” is a term defined by the IDVA).
You do not need to call the police or initiate a criminal case to obtain a civil OP

4. Examples of physical abuse:
Physical force;
Being hit, slapped, or kicked
Being forced to have sex when you do not want to or in a way you do not want
Sleep deprivation
Reckless conduct which creates an immediate risk of harm.

5. “Abuse” also includes Harassment;
Interference with personal liberty; and
Intimidation of a dependent but not reasonable direction of a parent or guardian.

6. 3 elements that you must prove:
What is harassment?
3 elements that you must prove:
Conduct that is unreasonable under the circumstances;
that would cause a reasonable person emotional distress; and
that does cause emotional distress.

7. Examples of harassment:
Disturbing you at work or school;
Repeated phone calls/texts;
Repeatedly following you in public;
Concealing or threatening to conceal your minor child;
Repeatedly threatening physical force.

8. Who can be protected? Spouse Ex-spouse Parents Children Step-children
Roommates
Ex-roommates
Current dating relationship
Former dating relationship
People related through a child
People with disabilities and their personal caregivers
*These are domestic relationships & includes same sex couples

9. Household members
Any person who lives in the same household as Petitioner can be a “protected person” in the OP;
Remedies may be granted for household members, like protecting the person’s workplace;
Any protected person can sign a criminal complaint for violation of an OP.

10. Who is not protected? Neighbors Landlord/tenant Co-workers Strangers
Classmates
Love triangles

11. What remedies can I get? Respondent can be prohibited from:
Harassment;
Interference with personal liberty
Intimidation of a dependent (does not include reasonable, corporal punishment);
Willful deprivation (victim is old or disabled and is being denied Rx, shelter, food, medical access);
Stalking

12. Remedies (continued) Petitioner can also seek:
Exclusive possession of the home (orders Respondent out of the house)
Stay away order (from places or people);
Prohibition of entry (into residence while under the influence of drugs or alcohol)
Prohibition of firearm possession (turn over to police for up to 2 years);

13. Child-related remedies
Physical care/possession of minor child
Temporary custody;
Visitation
Do not remove or conceal the child
Prohibition of access to records (school, medical)
Child support
Order to appear in court with the minor child

14. Remedies (continued) Exclusive possession of personal property;
Exclusive control of animals;
Reimbursement for financial losses due to abuse (medical, earned income, repairs to property, temporary shelter, attorneys’ fees)

15. Where can I get an OP?

16. JURISDICTION/What state?
IL state courts have jurisdiction over:
State residents
Non-residents per the long-arm statute
*UCCJEA for custody cases only, 750 ILCS 36/101

17. JURISDICTION of the child
UCCJEA, 750 ILCS 36/101
Home State of the child (where has the child lived for the last 6 months, even if the child is absent from this state but one of the parents still lives here). §201, or
A court of the home state has declined jurisdiction because this state is more convenient. (i.e. due to DV) §207
A state can take temporary, emergency jurisdiction if the child is present in this state.

18. Jurisdiction of children questions
Where do the children currently reside?
How long have they been here/there?
Has anyone already been to court regarding custody or parentage of the children?

19. VENUE/What county? A petition for OP can be filed in the county where:
Petitioner resides
Respondent resides
Alleged abuse occurred
Petitioner’s temporary residence if she fled abuse
*exception for Exclusive Possession

20. DISTRICT/What Courthouse?
In Cook County, you can file an OP petition at:
the Domestic Violence Courthouse/555 W. Harrison; or
your local suburban courthouse:
Rolling Meadows;
Skokie;
Maybrook (located in Maywood);
Bridgeview;
Markham

21. Emergency Order of Protection
It is an ex parte order (Respondent is not present);
Therefore, the court will NOT order:
Respondent to undergo counseling;
Temporary Custody of children;
Temporary child support;
Restitution for damage to property; or
Payment of shelter costs
Lasts only 21 days

22. Expiration Date, when is it?
EOP always 21 days (can be continued for service or by agreement);
Up to 2 years for Plenary Order (POP)

23. Types of Service Personal Service-in personam jurisdiction
Sheriff Service – can get the status at www5.cookcountysheriff.org or call ; or
Special Process Server
Publication-in rem jurisdiction
Order for Publication;
Fax order to Law Bulletin at
(ask for proof of publication from
the Law Bulletin desk)

24. Exhibits Photos Medical records Police reports Texts Facebook messages
Voic messages
Respondent’s Paystubs

25. Why get an order of protection?
Without an order, the police need “probable cause” of a crime to make an arrest. With an order, the police need probable cause of a violation of the order of protection (VOOP) to arrest the abuser.

26. Criminal Order of Protection
A criminal order of protection is issued when:
the state is bringing criminal charges against the abuser; OR
client seeks an EOP within 24 hours of obtaining a police report and the state agrees to bring criminal charges against the abuser.

27. Other protective orders

28. Civil No Contact Orders
Survivor must prove one act of either:
Non-consensual sexual conduct
(Intentional touching of sex organs/breasts); OR
Non-consensual sexual penetration; OR
Aiding or abetting commission of prohibited act
Non-consensual = Lack of freely-given agreement (consent is more than “mere submission”)
Burden of proof: Preponderance of the evidence
*No need to prove a domestic relationship

29. Stalking No Contact Orders
“Stalking" means engaging in a course of conduct
directed at a specific person, in which the actor knows
or should know that this course of conduct would cause a reasonable person to fear for his or her safety or the safety of a third person or suffer emotional distress ILCS 21/10.
*No need to prove a domestic relationship

30. Examples of stalking
"Course of conduct“ means two or more acts, including but not limited to acts in which a respondent directly, indirectly, or through third parties, by any action, method, device, or means:
Follows
Monitors
Observes
Surveils
Threatens
Communicates to or about a person
Engages in other “contact”
Interferes with or damages a person's property or pet

31. OP CNCO SNCO Relationship -Family member -Intimate partner None
Elements
“Abuse” or “harassment”
One act of “non-consensual sexual conduct”
Two or more acts of “stalking”
Physical or sexual abuse required? No
Yes, there must be sexual touching
Best for:
-Kids in common
-Shared dwelling
-Shared property
-Property damage
-one act of sexual abuse
-SA hard to prove/ongoing unwanted
contact
Remedies:
-Exclusive possession
-temp custody/visits
-child support
-$ damages
-FOID removal
-stay away:
--victim
--her property
--her RVA.
-stay away