Navigating and Knowing the Differences Between Civil No Contact Orders, Stalking No Contact Orders, and Criminal Orders of Protection
Protective orders serve different purposes and should be tailored to the party’s specific needs. Some examples of relief that protective orders generally provide are exclusive possession of a shared residence, and order that the respondent stay away from the petitioner and other protected listed individuals, such as family members or children, and places, such as schools, places of employment, or where activities are held. Protective orders can be either civil or criminal.
There are different types of protective orders including the following:
Civil and Stalking no contact orders;
Civil orders of protection; and,
Criminal orders of protection.
It can be rather confusing to know what protective order is applicable to your circumstances. The Law Office of Erin M. Wilson is available to help you navigate what protective order applies to your specific circumstances. Detailed below are in-depth explanations concerning the similarities and differences between the protective orders.
Civil No Contact Orders
Both civil no contact orders generally put restrictions on the respondent’s communication with the petitioner, or other individuals, including employers/coworkers or family members, and places restrictions on how close the respondent can be to the petitioner at any given time.
In domestic relations proceedings, civil no contact orders are frequently used when there has previously been an order of protection in place and the parties are attempting to reach an agreement without the need to continue to a plenary order of protection hearing. Civil no contact orders contain two main provisions; (1) A stay away provision and (2) a no-contact provision. The stay away provisions order the respondent to keep a certain distance away from the petitioner and can also prohibit the respondent from entering the petitioner’s school, workplace, or other specified places (750 ILCS 60/214(b)(3)). Likewise, the no-contact provisions order the respondent to cease any communication with the petitioner and any protected individuals under the order.
A no-contact order is different from an order of protection. While an order of protection is within the context of an existing relationship between the petitioner and respondent, a no contact order does not require the petitioner and respondent to have a relationship. Orders of protection can only be filed against “household members” which include parents, children, stepchildren and other persons related by blood or present or prior marriage, or dating/engagement relationship (750 ILCS 60/103(6)). No contact orders are not as limited and could be put in place, for example, against a former co-worker.
In Illinois, enforcement of a civil no contact order can be enforced through both criminal proceedings and civil contempt hearings (740 ILCS 22/220 (b)). A violation of a civil no contact order will be enforced by a criminal court when the respondent knowingly violated the order. (740 ILCS 22/220 (c)). To knowingly violate an order means that the respondent intentionally disobeyed the order. Violating a protective order can qualify as a class A misdemeanor in the state of Illinois.
Civil and Criminal Orders of Protection
Civil orders of protection are governed by the rules of civil procedure (750 ILCS 60/205). To obtain a civil order of protection, the petitioner must file in one of the following counties
Where petitioner resides
Where respondent resides
Where the alleged abuse occurred
Where the petitioner is temporarily located if petitioner left their residence to avoid further abuse and could not obtain safe, accessible, and adequate temporary housing in the county of that residence (750 ILCS 60/209 (a)).
Civil emergency orders of protection do not require the respondent to have notice of the initial hearing. If the judge finds that the order of protection is an emergency, the judge will grant the emergency. In cases of interim or plenary orders of protection, the respondent must be served and notified concerning the hearing for the order of protection. If the respondent does not appear on the hearing date, a plenary order of protection may be entered by default (750 ILCS 60/120). If the respondent does appear at the hearing, the judge will hear the matter and decide whether the order is entered.
Criminal orders of protection are governed by different procedural and evidentiary rules than civil orders. Criminal orders of protection allow the petitioner to be accompanied by domestic abuse advocates, unless directed otherwise by the court (750 ILCS 60/205 (b)(2)). In order for there to be a criminal order of protection, there must be criminal charges already filed/pending against the respondent. The court does not need to wait for a guilty fining in the underlying criminal case to obtain the order of protection and can grant the order of protection so long as the court finds prima facie evidence that a crime involving domestic violence, a sexual offense, or a crime involving stalking has been committed. (725 ILCS 5/112A-11.5). Prima facie evidence is evidence that on its face is sufficient to prove a fact unless contradictory evidence is presented. Rather, a prosecutor will generally request an order of protection be put in place while the criminal proceedings are underway to protect the respondent.
Criminal orders of protection are obtained differently from civil orders of protection. Criminal orders of protection are issued under 725 ILCS 7/112. The rules of civil procedure and criminal law apply to criminal orders of protection (725 ILCS 5/112A-6.1). Criminal law applies to discovery, venue, and penalties for untrue statements apply to the order of protection (725 ILCA 5/112-6.1 (b)).
Comparisons between Civil No Contact Orders and Civil/Criminal Orders of Protection
Both Civil No Contact Orders and Criminal Orders of Protection prevent the respondent from contacting the petitioner. Civil no contact orders require a finding of abuse, or the agreement of the parties, while criminal orders of protection must be proven by a preponderance of evidence to be granted. A preponderance of evidence means that the petitioner must prove that it is more likely than not that the abuse or harassment took place while a finding of abuse means physical abuse, harassment, intimidation of a dependent, interference with personal liberty or willful deprivation occurred (750 ILCS 60.103 (1)).
The Law Office of Erin M. Wilson is experienced with both civil no contact orders and civil orders of protection. The Law Office of Erin M. Wilson is available to consult you on options regarding orders of protection. To schedule a consultation, contact The Law Office of Erin M. Wilson at 312-767-4220.
NOTICE: This blog is intended solely for informational purposes and should not be construed as providing legal advice. Please feel free to contact us with any questions you may have regarding this blog post.