1. Myka Held Staff Attorney, LAF Children and Families Practice Group
Civil No Contact Orders, Stalking No Contact Orders, Gender Violence Act
Myka Held
Staff Attorney, LAF
Children and Families Practice Group

2. Civil No Contact Orders (CNCO)
Protective order for a sexual assault victim
Victim does not need a prior relationship with assailant
Does not need fear or pattern of abuse
If you get an emergency CNCO, can only last 21 days at a time
Victim will need to keep coming back to court to get it renewed
Expedited proceedings

3. What is a CNCO?
Must prove Respondent sexually assaulted Petitioner by a preponderance of the evidence
Lowest standard of evidence
Sexual assault is any penetration, however slight or sexual conduct (intentional touching or fondling)
Respondent also can have aided and abetted the sexual assault
Example: Cl who was drugged by two perpetrators. There was video of one perpetrator holding her mouth open while the other orally assaulted her. We filed a CNCO against him
Can protect family and/or household members
Also a provision to protect any employee or volunteer of a rape crisis center providing services to petitioner
Parent or guardian can file on behalf of a minor or disabled person

4. CNCO and criminal justice system
Victim can get a CNCO even if police are investigating/State’s Attorney is prosecuting
Many sexual assault cases are rejected by police and/or State’s Attorney, so sometimes a CNCO is a victim’s only option
If there is a criminal investigation going on during CNCO process, State’s Attorney may not want victim testifying at a hearing – but it is always up to the victim
Respondent will not want to testify at a CNCO hearing if he’s being criminally investigated
Can sometimes obtain criminal evidence to use in the CNCO – CAC video, interview notes of Respondent, detective’s testimony

5. Special provisions of CNCO
Petitioner can testify in chambers if can show serious emotional distress
Letter or testimony from therapist
Affidavit
Younger than 18
Ask for closed courtroom if you can’t get chambers
No testimony about past sexual history allowed (rape shield) unless judge rules it’s admissible
If Respondent and Petitioner attend the same school, judge can order Respondent to transfer
Right now we are working on a CNCO with an 11 year old victim who wants the boy who sexually assaulted him to be transferred to another school – otherwise he is stuck in the same school system for 7 years

6. How to get a CNCO Petition for CNCO alleging sexual assault
Respondent must be served
If unable to serve, can get a 2 year default
If served and doesn’t show up, can get a 2 year default
Victim will likely have to return for court dates (unless he or she has an atty who can attend court for them) while trying to serve Respondent and/or set a hearing date

7. CNCO hearing layout Petitioner presents his or her case:
His or her testimony
Any witnesses (must be in person, no affidavits)
Outcry
Detective
No character witnesses
Any documentary evidence
Text messages from perpetrator
Social media
Medical records
Respondent presents his or her case
Both parties make closing argument

8. Stalking No Contact Order
There doesn’t need to be a relationship between the two parties
only use this when you can’t use CNCO or OP
Needs to be 2 incidents of stalking
Acts in which a respondent directly or indirectly or through 3rd parties follows, monitors, observes, surveils, threatens, communicates to or about, a person, engages in other contact, or interferes with or damages a person’s property or pet
The behavior needs to put a reasonable person to fear for their safety or causes emotional distress

9. Gender Violence Act Specific to Illinois
Any person who has been subjected to gender related violence may bring a civil action for damages, injunctive relief, or other relief
In other words, victim can sue her attacker for monetary damages
Not many cases because not all rapists have money
Can get money in an OP for child related remedies or maintenance, but can’t get money in a CNCO
Must file case within 7 years unless victim was a minor, in which case it’s 7 years after victim turns 18

10. Myka Held: 312-229-6318; mheld@lafchicago.org
Questions?
Myka Held: ;