1. Orders of Protection Domestic Violence Legal Clinic
Danielle Parisi Ruffatto
Director of Emergency Services
Domestic Violence Legal Clinic
Introduction – speaker name, title
Goals – Different type of protective orders. Focus will be on the most common type, the order of protection
Attendee # and composition?
Current students? (law vs others)
Recent grads?

2. Protective Order Overview
A protective order is a court order that protects someone from further abuse or contact by another person.
In Illinois, we have three types of individual protective orders:
Order of Protection (OP) – domestic violence
Stalking No Contact Order (SNCO)- stalking or harassment if NOT DV
Civil No Contact Order (CNCO) – sexual abuse or assault
Def of protective order – generic name, because are talking about different orders, different laws
It is helpful to think of them all as branches of the same tree, in that they have similar goals for different situations: protect from further abuse or contact

3. ORDERS OF
PROTECTION

4. Illinois Domestic Violence Act of 1986 (IDVA) 750 ILCS 60
Orders of Protection
Illinois Domestic Violence Act of (IDVA) 750 ILCS 60
The IDVA says, The court shall issue an Order of Protection if the court finds that the petitioner (750 ILCS 60/214) :
Has been abused
By a family or household member
Who can get an OP
Shall = has to
Abuse must have already occurred

5. Special Characteristics of Orders of Protection
There are NO fees for filing the case or for service by the sheriff
Clerk of the Court must provide “simplified forms”
Violating a protective order is a crime!
Someone can seek an order on behalf of another person who is unable to seek one
Confidential address option
Must list another mailing address for notice
Simplified = form petitions (check boxes and fill in the blanks) rather than writing it out on paper.

6. Three ways to seek one: Three Types
In connection with a criminal prosecution,
In connection with a civil case, or
As an civil independent case
Three ways to seek one:
Three Types
Emergency (14-21 days, granted without notice to the Respondent), and
Plenary (after service, for up to 2 years)
Additionally, there are Interim OPs, which are rarely used
Civil case = certain related civil cases, usually family law ones
Criminal case = ASA + PD

7. Process for Filing for an Order of Protection(Civil)
An independent civil OP requires the victim (“Petitioner”) to file a court case against the abuser (“Respondent”) asking for the order.
In court (same day) The judge decides whether or not there is enough evidence of the required abuse/conduct. If so, the judge continues the case and the Respondent is served.
The judge also decides if the Petitioner can get an emergency order that same day.
Is the same order, whether in civil or criminal court
Overview in broad strokes. We are going to talk about each part.
Petition/
Emergency Order
Service
Plenary Order

8. Emergency Order Hearing
At the end of the hearing, the Judge may:
Grant an emergency order and continue the matter for hearing on a plenary order,
Deny the emergency order but continue the matter for hearing on a plenary order, OR
Deny the emergency order and dismiss the case

9. What is Required for an Emergency Order?
If there is good cause to grant an emergency order, without notice, because:
"the harm which that remedy is intended to prevent would be likely to occur if the respondent were given any prior notice, or greater notice than was actually given, of the petitioner's efforts to obtain judicial relief"
Practically, judges usually consider the "recency" of the abuse
Most recent incident/behavior (including the last phone call/text/threat) is important
If there was a delay in seeking an order, expect the victim will have to explain why

10. Process after the Emergency Order Hearing
The Respondent will be served by the Sheriff with all of the court paperwork, including the allegations. The incidents may be on a separate sheet of paper.
Once the Respondent has been served, the Petitioner can ask for a plenary order for up to two years at the next court date.
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 either person to get a lawyer.
Includes allegations

11. How Can A Respondent Challenge an OP?
File a motion with 2 days notice asking for a rehearing on the Emergency Order of Protection
Go to the next court date and request a hearing on the Petition
The Respondent has a choice:
agree to an order,
have a hearing, or
hire a lawyer

12. Return Court Dates 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,
Continue the case and extend the EOP, or
Terminate the EOP and dismiss the case
Notes about what to do after the EOP hearing and in between court dates on p 52 and 53 (check on services, talk with client, prepare order. There are a number of possibilities when you return to court. Broken down on p. 54.

13. Hearing Suggestions Petitioners Respondents
Review their petition or affidavit, especially for dates and other details
Bring any witnesses or any evidence they want to show the judge to court (pictures, text messages, bills or hospital records)
Prepare emotionally to tell the judge their story and have the Respondent tell theirs
Respondents
Review the documents they received. Do they agree with what was said?
Bring any witnesses or any evidence they want to court (pictures, text messages) that supports their side of the story.
NOTE: The case may immediately go to hearing if everyone is there. Different judges are different.

14. When a Plenary Order of Protection is in Effect
A Plenary Order of Protection lasts until the expiration date, unless someone goes to court to terminate, modify, or extend it.
Can be terminated within 30 days of entry for good cause
Can be modified to change specific remedies (visits, etc.)
Can be consolidated with a family law matter, as well as other case types
Can be extended one or more time(s)

15. QUESTIONS?