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Stalking - No Contact

Stalking - No Contact

 

STALKING NO CONTACT ORDER ACT
Why do we have the Stalking No Contact Order Act? Don’t Orders of
Protection cover everyone?
No. Orders of Protection only cover people whose relationships are family
members, dating and engagement relationships and household members. For
strangers or unrelated people, we had no act until this Stalking No Contact
Order Act went into effect.
These Orders apply to people who are not covered by the Order of Protection
statute and who are being stalked. (1) by any person who is a victim of
stalking; (2) by a person on behalf of a minor child or an adult who is a victim
of stalking but, because of age, disability, health, or inaccessibility, cannot file
the petition; (3) by an authorized agent of a workplace; (4) by an authorized
agent of a place of worship; or (5) by an authorized agent of a school.
"Stalking" is a broad term within the context of this Act. It means engaging in
a course of conduct directed at a specific person, and he or she knows or
should know that this course of conduct would cause a reasonable person to
fear for his or her safety, the safety of a workplace, school, or place of
worship, or the safety of a third person or suffer emotional distress. Stalking
does not include an exercise of the right to free speech or assembly that is
otherwise lawful or picketing occurring at the workplace that is otherwise
lawful and arises out of a bona fide labor dispute, including any controversy
concerning wages, salaries, hours, working conditions or benefits, including
health and welfare, sick leave, insurance, and pension or retirement
provisions, the making or maintaining of collective bargaining agreements,
and the terms to be included in those agreements.
What is a course of conduct?
It means 2 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, or threatens a person,
workplace, school, or place of worship, engages in other contact, or interferes
with or damages a person's property or pet. A course of conduct may include
contact via electronic communications. The incarceration of a person in a
penal institution who commits the course of conduct is not a bar to
prosecution under this Section.
The actions that lead to a stalking course of conduct can be direct or indirect.
Actions can be part of the stalking course of conduct even if they are
undertaken by third parties.
What relief comes with a Stalking No Contact Order?
(b) A stalking no contact order shall order one or more of the following:
(1) prohibit the respondent from threatening to commit or committing
stalking;
(2) order the respondent not to have any contact with the petitioner or a
third person specifically named by the court;
(3) prohibit the respondent from knowingly coming within, or knowingly
remaining within a specified distance of the petitioner or the petitioner's
residence, school, daycare, or place of employment, or any specified place

frequented by the petitioner; however, the court may order the respondent to
stay away from the respondent's own residence, school, or place of
employment only if the respondent has been provided actual notice of the
opportunity to appear and be heard on the petition;
(4) prohibit the respondent from possessing a Firearm Owners
Identification Card, or possessing or buying firearms; and
(5) order other injunctive relief the court determines to be necessary to
protect the petitioner or third party specifically named by the court.
How long does a Stalking No Contact Order last?
1. Emergency Order - Up to 21 days
2. Fixed period of time, not to exceed 2 years.
3. Extensions of these periods may be allowed, if the Court sees fit.
How do Stalking No Contact Orders work with regard to kids in school?
Bullying.
When the petitioner and the respondent attend the same public, private, or
non-public elementary, middle, or high school, the court when issuing a
stalking no contact order and providing relief shall consider the severity of the
act, any continuing physical danger or emotional distress to the petitioner, the
educational rights guaranteed to the petitioner and respondent under federal
and State law, the availability of a transfer of the respondent to another school,
a change of placement or a change of program of the respondent, the expense,
difficulty, and educational disruption that would be caused by a transfer of the
respondent to another school, and any other relevant facts of the case. The

court may order that the respondent not attend the public, private, or non-
public elementary, middle, or high school attended by the petitioner, order that

the respondent accept a change of placement or program, as determined by the
school district or private or non-public school, or place restrictions on the
respondent's movements within the school attended by the petitioner. The
respondent bears the burden of proving by a preponderance of the evidence
that a transfer, change of placement, or change of program of the respondent is
not available. The respondent also bears the burden of production with respect
to the expense, difficulty, and educational disruption that would be caused by
a transfer of the respondent to another school. A transfer, change of
placement, or change of program is not unavailable to the respondent solely
on the ground that the respondent does not agree with the school district's or
private or non-public school's transfer, change of placement, or change of
program or solely on the ground that the respondent fails or refuses to consent
to or otherwise does not take an action required to effectuate a transfer, change
of placement, or change of program. When a court orders a respondent to stay
away from the public, private, or non-public school attended by the petitioner
and the respondent requests a transfer to another attendance center within the
respondent's school district or private or non-public school, the school district
or private or non-public school shall have sole discretion to determine the
attendance center to which the respondent is transferred. In the event the court
order results in a transfer of the minor respondent to another attendance
center, a change in the respondent's placement, or a change of the respondent's
program, the parents, guardian, or legal custodian of the respondent is
responsible for transportation and other costs associated with the transfer or
change.
The court may order the parents, guardian, or legal custodian of a minor
respondent to take certain actions or to refrain from taking certain actions to
ensure that the respondent complies with the order. In the event the court
orders a transfer of the respondent to another school, the parents, guardian, or
legal custodian of the respondent are responsible for transportation and other
costs associated with the change of school by the respondent.
The court shall not hold a school district or private or non-public school or any
of its employees in civil or criminal contempt unless the school district or

private or non-public school has been allowed to intervene.
The court may hold the parents, guardian, or legal custodian of a minor
respondent in civil or criminal contempt for a violation of any provision of
any order entered under this Act for conduct of the minor respondent in
violation of this Act if the parents, guardian, or legal custodian directed,
encouraged, or assisted the respondent minor in such conduct.
The court may award the petitioner costs and attorneys fees if a stalking no
contact order is granted.
Monetary damages are not recoverable as a remedy.
If the stalking no contact order prohibits the respondent from possessing a
Firearm Owner's Identification Card, or possessing or buying firearms; the
court shall confiscate the respondent's Firearm Owner's Identification Card
and immediately return the card to the Department of State Police Firearm
Owner's Identification Card Office.
Issues with Stalking No Contact Orders:
1. Kids in the same school. There are many of these cases. They just have to
stay as far away from each other as they can.
2. Place of employment. Same thing, stay away from each other as best they
can.
3. Neighbors. Same again. Stay away from each other as best they can.
4. Sending cards, flowers and letters constitute violations of this Order.
That are the penalties for violating a Stalking No Contact Order?
The first violation of a Stalking No Contact Order is a Class A misdemeanor.
Any subsequent violations are Class 4 felony. Violation of Stalking No
Contact Orders may also lead to criminal charges for Stalking or Aggravated
Stalking.

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

 

1.  By agreement through a signing a Voluntary Acknowledgment of Paternity or documents through the Department of Human Services.

The key word here is VOLUNTARY.  If both the Mother and the Father believe that the proposed Father is the biological Father of the child, then by all means, sign the papers at the hospital.  If either party believes there is any question whatsoever that the proposed Father may not be the biological Father of the child, the parties should NOT sign the documents and should instead wait for the Attorney General’s office to file documents or file their own documents to have DNA tests taken.  Under no circumstances whatsoever, should a Father or a Mother sign these documents without really believing that the Father is the biological Father of the child.  It is very difficult, if not impossible, to change these documents.  Further, signing these documents knowing that they are inaccurate, subjects the Mother and/or Father to perjury, which is a felony.

2.  Court Order

A. Voluntary, as specified above, but agreed upon in court.

B.   Through DNA testing, consisting of testing cheek swabs.  The test costs about $650.00 for a Mother, Alleged Father and Child.  It costs more if we have 2 or more Alleged Fathers.

1) DNA does not definitively establish that a person is the Father of the child.

2) DNA results do rule out that a person is the Father of a child.

3) DNA results can state that a person is 99.999% or some similar number, of men are excluded as the father of the child.  Usually, this high number is enough for the court system to determine that a number this high is enough for the court to establish a person as the father of the child.

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Meeting about new campus area
Library project meeting