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Orders Of Protection

Orders Of Protection

 

WHAT IS DOMESTIC VIOLENCE?
ORDERS OF PROTECTION
A number of different issues are involved in Domestic Violence cases. First
of all, there has to be domestic violence. So, what is it? The Domestic
Violence Acts refers to the term "violence" to include, the following:
"Abuse" means physical abuse, harassment, intimidation of a dependent,
interference with personal liberty or willful deprivation but does not include
reasonable direction of a minor child by a parent or person in loco parentis.
"Harassment" means knowing conduct which is not necessary to accomplish a
purpose that is reasonable under the circumstances; would cause a reasonable
person emotional distress; and does cause emotional distress to the petitioner.
Unless the presumption is rebutted by a preponderance of the evidence, the
following types of conduct shall be presumed to cause emotional distress:
(i) creating a disturbance at petitioner's place of employment or school;
(ii) repeatedly telephoning petitioner's place of employment, home or
residence;
(iii) repeatedly following petitioner about in a public place or places;
(iv) repeatedly keeping petitioner under surveillance by remaining
present outside his or her home, school, place of employment, vehicle
or other place occupied by petitioner or by peering in petitioner's
windows;
(v) improperly concealing a minor child from petitioner, repeatedly
threatening to improperly remove a minor child of petitioner's from the
jurisdiction or from the physical care of petitioner, repeatedly
threatening to conceal a minor child from petitioner, or making a
single such threat following an actual or attempted improper removal
or concealment, unless respondent was fleeing an incident or pattern of
domestic violence; or
(vi) threatening physical force, confinement or restraint on one or more
occasions.
"Intimidation of a dependent" means subjecting a person who is dependent
because of age, health or disability to participation in or the witnessing of:
physical force against another or physical confinement or restraint of another
which constitutes physical abuse as defined in this Act, regardless of whether
the abused person is a family or household member.
"Interference with personal liberty" means committing or threatening physical
abuse, harassment, intimidation or willful deprivation so as to compel another
to engage in conduct from which she or he has a right to abstain or to refrain
from conduct in which she or he has a right to engage.
"Physical abuse" includes sexual abuse and means any of the following:
(i) knowing or reckless use of physical force, confinement or restraint;
(ii) knowing, repeated and unnecessary sleep deprivation; or
(iii) knowing or reckless conduct which creates an immediate risk of
physical harm.
"Willful deprivation" means wilfully denying a person who because of age,
health or disability requires medication, medical care, shelter, accessible
shelter or services, food, therapeutic device, or other physical assistance, and
thereby exposing that person to the risk of physical, mental or emotional harm,
except with regard to medical care or treatment when the dependent person

has expressed an intent to forgo such medical care or treatment. This
paragraph does not create any new affirmative duty to provide support to
dependent persons.
WHO IS ENTITLED TO GET AN ORDER OF PROTECTION:
"Family or household members" include spouses, former spouses, parents,
children, stepchildren and other persons related by blood or by present or prior
marriage, persons who share or formerly shared a common dwelling, persons
who have or allegedly have a child in common, persons who share or
allegedly share a blood relationship through a child, persons who have or have
had a dating or engagement relationship, persons with disabilities and their
personal assistants, and caregivers as defined in Section 12-4.4a of the
Criminal Code of 2012. For purposes of this paragraph, neither a casual
acquaintanceship nor ordinary fraternization between 2 individuals in business
or social contexts shall be deemed to constitute a dating relationship. In the
case of a high-risk adult with disabilities, "family or household members"
includes any person who has the responsibility for a high-risk adult as a result
of a family relationship or who has assumed responsibility for all or a portion
of the care of a high-risk adult with disabilities voluntarily, or by express or
implied contract, or by court order.
"Adult with disabilities" means an elder adult with disabilities or a high-risk
adult with disabilities. A person may be an adult with disabilities for purposes
of this Act even though he or she has never been adjudicated an incompetent
adult. However, no court proceeding may be initiated or continued on behalf
of an adult with disabilities over that adult's objection, unless such proceeding
is approved by his or her legal guardian, if any.
"Elder adult with disabilities" means an adult prevented by advanced age from
taking appropriate action to protect himself or herself from abuse by a family
or household member.
"Exploitation" means the illegal, including tortious, use of a high-risk adult
with disabilities or of the assets or resources of a high-risk adult with
disabilities. Exploitation includes, but is not limited to, the misappropriation
of assets or resources of a high-risk adult with disabilities by undue influence,
by breach of a fiduciary relationship, by fraud, deception, or extortion, or the
use of such assets or resources in a manner contrary to law.
"Neglect" means the failure to exercise that degree of care toward a high-risk
adult with disabilities which a reasonable person would exercise under the
circumstances and includes but is not limited to:
(i) the failure to take reasonable steps to protect a high-risk adult with
disabilities from acts of abuse;
(ii) the repeated, careless imposition of unreasonable confinement;
(iii) the failure to provide food, shelter, clothing, and personal hygiene to
a high-risk adult with disabilities who requires such assistance;
(iv) the failure to provide medical and rehabilitative care for the physical
and mental health
needs of a high-risk adult with disabilities; or
(v) the failure to protect a high-risk adult with disabilities from health and
safety hazards.

Soap bubbles in the foreground. In the background are twins, a boy and a girl of 7 months. Maternity

 

WHAT CAN AN ORDER OF PROTECTION DO?
1. Order a person to "stay away" from named persons. "Stay away" means
for the respondent to refrain from both physical presence and
nonphysical contact with the petitioner whether direct, indirect
(including, but not limited to, telephone calls, mail, email, faxes, and

written notes), or through third parties who may or may not know
about the order of protection.
2. Prohibition of abuse, neglect, or exploitation.
Prohibit respondent's harassment, interference with personal liberty,
intimidation of a dependent, physical abuse, or willful deprivation,
neglect or exploitation, as defined in this Act, or stalking of the
petitioner, as defined in Section 12-7.3 of the Criminal Code of 2012,
if such abuse, neglect, exploitation, or stalking has occurred or
otherwise appears likely to occur if not prohibited.
3. Grant of exclusive possession of residence.
Prohibit respondent from entering or remaining in any residence,
household, or premises of the petitioner, including one owned or
leased by respondent, if petitioner has a right to occupancy thereof.
The grant of exclusive possession of the residence, household, or
premises shall not affect title to real property, nor shall the court be
limited by the standard set forth in subsection (c-2) of Section 501 of
the Illinois Marriage and Dissolution of Marriage Act.
4. Counseling. Require or recommend the respondent to undergo counseling
for a specified duration with a social worker, psychologist, clinical
psychologist, psychiatrist, family service agency, alcohol or substance
abuse program, mental health center guidance counselor, agency
providing services to elders, program designed for domestic violence
abusers or any other guidance service the court deems appropriate. The
Court may order the respondent in any intimate partner relationship to
report to an Illinois Department of Human Services protocol approved
partner abuse intervention program for an assessment and to follow all
recommended treatment.
5. Physical care and possession of the minor child. In order to protect the
minor child from abuse, neglect, or unwarranted separation from the
person who has been the minor child's primary caretaker, or to
otherwise protect the well-being of the minor child, the court may do
either or both of the following: (i) grant petitioner physical care or
possession of the minor child, or both, or (ii) order respondent to return
a minor child to, or not remove a minor child from, the physical care of
a parent or person in loco parentis.
If a court finds, after a hearing, that respondent has committed abuse (as
defined in Section 103) of a minor child, there shall be a rebuttable
presumption that awarding physical care to respondent would not be in
the minor child's best interest.

6. Temporary allocation of parental responsibilities: significant decision-
making. Award temporary decision-making responsibility to petitioner

in accordance with this Section, the Illinois Marriage and Dissolution
of Marriage Act, the Illinois Parentage Act of 2015, and this State's
Uniform Child-Custody Jurisdiction and Enforcement Act.
If a court finds, after a hearing, that respondent has committed abuse (as
defined in Section 103) of a minor child, there shall be a rebuttable
presumption that awarding temporary significant decision-making
responsibility to respondent would not be in the child's best interest.
7. Parenting time. Determine the parenting time, if any, of respondent in any
case in which the court awards physical care or allocates temporary
significant decision-making responsibility of a minor child to
petitioner. The court shall restrict or deny respondent's parenting time
with a minor child if the court finds that respondent has done or is
likely to do any of the following: (i) abuse or endanger the minor child
during parenting time; (ii) use the parenting time as an opportunity to
abuse or harass petitioner or petitioner's family or household members;

(iii) improperly conceal or detain the minor child; or (iv) otherwise act
in a manner that is not in the best interests of the minor child. The
court shall not be limited by the standards set forth in Section 603.10
of the Illinois Marriage and Dissolution of Marriage Act. If the court
grants parenting time, the order shall specify dates and times for the
parenting time to take place or other specific parameters or conditions
that are appropriate. No order for parenting time shall refer merely to
the term "reasonable parenting time". Petitioner may deny respondent
access to the minor
child if, when respondent arrives for parenting time, respondent is
under the influence of drugs or alcohol and constitutes a threat to the
safety and well-being of petitioner or petitioner's minor children or is
behaving in a violent or abusive manner.
If necessary to protect any member of petitioner's family or household
from future abuse, respondent shall be prohibited from coming to
petitioner's residence to meet the minor child for parenting time, and
the parties shall submit to the court their recommendations for
reasonable alternative arrangements for parenting time. A person may
be approved to supervise parenting time only after filing an affidavit
accepting that responsibility and acknowledging accountability to the
court.
8. Removal or concealment of minor child. Prohibit respondent from
removing a minor child from the State or concealing the child within
the State.
9. Order to appear. Order the respondent to appear in court, alone or with a
minor child, to prevent abuse, neglect, removal or concealment of the
child, to return the child to the custody or care of the petitioner or to
permit any court-ordered interview or examination of the child or the
respondent.
10. Possession of personal property. Grant Petitioner exclusive possession of
personal property and, if respondent has possession or control, direct
respondent to promptly make it available to petitioner, if:
(i) petitioner, but not respondent, owns the
property; or
(ii) the parties own the property jointly;
sharing it would risk abuse of petitioner by respondent or is
impracticable; and the balance of hardships favors temporary
possession by petitioner.
If petitioner's sole claim to ownership of the property is that it is marital
property, the court may award petitioner temporary possession thereof
under the standards of subparagraph (ii) of this paragraph only if a
proper proceeding has been filed under the Illinois Marriage and
Dissolution of Marriage Act, as now or hereafter amended.
No order under this provision shall affect title to property.
11. Protection of property. Forbid the respondent from taking, transferring,
encumbering, concealing, damaging or otherwise disposing of any real
or personal property, except as explicitly authorized by the court, if:
(i) petitioner, but not respondent, owns the property; or
(ii) the parties own the property jointly, and the balance of hardships
favors granting this remedy. If petitioner's sole claim to ownership of
the property is that it is marital property, the court may grant petitioner
relief under subparagraph (ii) of this paragraph only if a proper
proceeding has been filed under the Illinois Marriage and Dissolution
of Marriage Act.
The court may further prohibit respondent from improperly using the
financial or other resources of an aged member of the family or
household for the profit or advantage of respondent or of any other
person.

12. Protection of animals. Grant the petitioner the exclusive care, custody, or
control of any animal owned, possessed, leased, kept, or held by either
the petitioner or the respondent or a minor child residing in the
residence or household of either the petitioner or the respondent and
order the respondent to stay away from the animal and forbid the
respondent from taking, transferring, encumbering, concealing,
harming, or otherwise disposing of the animal.
13. Order for payment of support. Order respondent to pay temporary support
for the petitioner or any child in the petitioner's care or over whom the
petitioner has been allocated parental responsibility, when the
respondent has a legal obligation to support that person, in accordance
with the Illinois Marriage and Dissolution of Marriage Act, which
shall govern, among other matters, the amount of support, payment
through the clerk and withholding of income to secure payment. An
order for child support may be granted to a petitioner with lawful
physical care of a child, or an order or agreement for physical care of a
child, prior to entry of an order allocating significant decision-making
responsibility. Such a support order shall expire upon entry of a valid
order allocating parental responsibility differently and vacating the
petitioner's significant decision-making authority, unless otherwise
provided in the order.
14. Order for payment of losses. Order respondent to pay petitioner for losses
suffered as a direct result of the abuse, neglect, or exploitation. Such
losses shall include, but not be limited to, medical expenses, lost
earnings or other support, repair or replacement of property damaged
or taken, reasonable attorney's fees, court costs and moving or other
travel expenses, including additional reasonable expenses for
temporary shelter and restaurant meals.
(i) Losses affecting family needs. If a party is entitled to seek
maintenance, child support or property distribution from the other
party under the Illinois Marriage and Dissolution of Marriage Act, as
now or hereafter amended, the court may order respondent to
reimburse petitioner's actual losses, to the extent that such
reimbursement would be "appropriate temporary relief", as authorized
by subsection (a)(3) of Section 501 of that Act.
(ii) Recovery of expenses. In the case of an improper concealment or
removal of a minor child, the court may order respondent to pay the
reasonable expenses incurred or to be incurred in the search for and
recovery of the minor child, including but not limited to legal fees,
court costs, private investigator fees, and travel costs.
15. Prohibition of entry. Prohibit the respondent from entering or remaining in
the residence or household while the respondent is under the influence
of alcohol or drugs and constitutes a threat to the safety and well-being
of the petitioner or the petitioner's children.
16. Prohibition of firearm possession.
(a) Prohibit a respondent against whom an order
of protection was issued from possessing any firearms during the
duration of the order if the order:
(1) was issued after a hearing of which such person received
actual notice, and at which such person had an opportunity to
participate;

(2) restrains such person from harassing, stalking, or threatening an
intimate partner of such person or child of such intimate partner or
person, or engaging in other conduct that would place an intimate
partner in reasonable fear of bodily injury to the partner or child; and
(3)(i) includes a finding that such person represents a credible
threat to the physical safety of such intimate partner or child; or
(ii) by its terms explicitly prohibits the use, attempted use, or
threatened use of physical force against such intimate partner

or child that would reasonably be expected to cause bodily
injury.

Any Firearm Owner's Identification Card in the possession of the
respondent, except as provided in subsection (b), shall be
ordered by the court to be turned over to the local law
enforcement agency. The local law enforcement agency shall
immediately mail the card to the Department of State Police
Firearm Owner's Identification Card Office for safekeeping.
The court shall issue a warrant for seizure of any firearm in the
possession of the respondent, to be kept by the local law
enforcement agency for safekeeping, except as provided in
subsection (b). The period of safekeeping shall be for the
duration of the order of protection. The firearm or firearms and
Firearm Owner's Identification Card, if unexpired, shall at the
respondent's request, be returned to the respondent at the end of
the order of protection. It is the respondent's responsibility to
notify the Department of State Police Firearm Owner's
Identification Card Office.

(b) If the respondent is a peace officer as defined in Section 2-13 of the
Criminal Code of 2012, the court shall order that any firearms used by
the respondent in the performance of his or her duties as a peace
officer be surrendered to the chief law enforcement executive of the
agency in which the respondent is employed, who shall retain the
firearms for safekeeping for the duration of the order of protection.
(c) Upon expiration of the period of safekeeping, if the firearms or
Firearm Owner's Identification Card cannot be returned to respondent
because respondent cannot be located, fails to respond to requests to
retrieve the firearms, or is not lawfully eligible to possess a firearm,
upon petition from the local law enforcement agency, the court may
order the local law enforcement agency to destroy the firearms, use the
firearms for training purposes, or for any other application as deemed
appropriate by the local law enforcement agency; or that the firearms
be turned over to a third party who is lawfully eligible to possess
firearms, and who does not reside with respondent.
17. Prohibition of access to records. If an order of protection prohibits
respondent from having contact with the minor child, or if petitioner's
address is omitted under subsection (b) of Section 203, or if necessary
to prevent abuse or wrongful removal or concealment of a minor child,
the order shall deny respondent access to, and prohibit respondent
from inspecting, obtaining, or attempting to inspect or obtain, school
or any other records of the minor child who is in the care of petitioner.
18. Order for payment of shelter services. Order respondent to reimburse a
shelter providing temporary housing and counseling services to the
petitioner for the cost of the services, as certified by the shelter and
deemed reasonable by the court.
19. Order for injunctive relief. Enter injunctive relief necessary or appropriate
to prevent further abuse of a family or household member or further
abuse, neglect, or exploitation of a high-risk adult with disabilities or
to effectuate one of the granted remedies, if supported by the balance
of hardships. If the harm to be prevented by the injunction is abuse or
any other harm that one of the remedies listed in paragraphs (1)
through (16) of this subsection is designed to prevent, no further
evidence is necessary that the harm is an irreparable injury.
20. Telephone services.
(A) Unless a condition described in subparagraph (B) of this paragraph
exists, the court may, upon request by the petitioner, order a wireless
telephone service provider to transfer to the petitioner the right to
continue to use a telephone number or numbers indicated by the
petitioner and the financial responsibility associated with the number

or numbers, as set forth in subparagraph (C) of this paragraph. For
purposes of this paragraph (18), the term "wireless telephone service
provider" means a provider of commercial mobile service as defined in
47 U.S.C. 332. The petitioner may request the transfer of each
telephone number that the petitioner, or a minor child in his or her
custody, uses. The clerk of the court shall serve the order on the
wireless telephone service provider's agent for service of process
provided to the Illinois Commerce Commission. The order shall
contain all of the following:
(i) The name and billing telephone number of the account holder
including the name of the wireless telephone service provider
that serves the account.

(ii) Each telephone number that will be transferred.
(iii) A statement that the provider transfers to the petitioner all
financial responsibility for and right to the use of any telephone
number transferred under this paragraph.

(B) A wireless telephone service provider shall terminate the
respondent's use of, and shall transfer to the petitioner use of, the
telephone number or numbers indicated in subparagraph (A) of this
paragraph unless it notifies the petitioner, within 72 hours after it
receives the order, that one of the following applies:
(i) The account holder named in the order has terminated the
account.
(ii) A difference in network technology would prevent or impair the
functionality of a device on a network if the transfer occurs.
(iii) The transfer would cause a geographic or other limitation on
network or service provision to the petitioner.
(iv) Another technological or operational issue would prevent or
impair the use of the telephone number if the transfer occurs.
(C) The petitioner assumes all financial responsibility for and right to
the use of any telephone number transferred under this paragraph. In
this paragraph, "financial responsibility" includes monthly service
costs and costs associated with any mobile device associated with the
number.
(D) A wireless telephone service provider may apply to the petitioner
its routine and customary requirements for establishing an account or
transferring a number, including requiring the petitioner to provide
proof of identification, financial information, and customer
preferences.
(E) Except for willful or wanton misconduct, a wireless telephone
service provider is immune from civil liability for its actions taken in
compliance with a court order issued under this paragraph.
(F) All wireless service providers that provide services to residential
customers shall provide to the Illinois Commerce Commission the
name and address of an agent for service of orders entered under this
paragraph (18). Any change in status of the registered agent must be
reported to the Illinois Commerce Commission within 30 days of such
change.
(G) The Illinois Commerce Commission shall maintain the list of
registered agents for service for each wireless telephone service
provider on the Commission's website. The Commission may consult
with wireless telephone service providers and the Circuit Court Clerks
on the manner in which this information is provided and displayed.
HOW LONG DOES AN ORDER OF PROTECTION LAST?
1. Emergency - Up to 21 days.
2. Interim - Up to 30 days.
3. Plenary - Up to 2 years, or, in unusual cases, in perpetuity
What happens if the Order is violated?

The first violation of a Stalking No Contact Order is a Class A misdemeanor.
Any subsequent violations are Class 4 felony.

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