Chicago Police DepartmentSpecial Order S04-04-02
No Contact Order
Issue Date:01 April 2014Effective Date:01 April 2014
Rescinds:S04-04-02; Version date 30 September 2011
Index Category:Preliminary Investigations
I.PURPOSE
This directive informs Department members of the procedures related to Civil No Contact Orders and Stalking No Contact Orders.
II.DEFINITIONS
For the purposes of this addendum, the following definitions apply:
  • A.Stalking No Contact Order - (SNCO) protects any person who is the victim of a course of conduct which causes that victim to fear for his or her safety or the safety of another person or to suffer emotional distress, when relief is not available to the petitioner under the Illinois Domestic Violence Act of 1986.
  • B.A person commits stalking when he or she engages in a course of conduct directed at a specific person and knows or should have known that the conduct would cause a reasonable person to have:
    • 1.Fear – an emotional response to tangible and realistic dangers; or
    • 2.Emotional Distress – significant mental suffering, anxiety, or alarm.
  • C.A “reasonable person ” means a person in the victim’s situation, which requires courts to consider the victim’s knowledge of the respondent and the context of the stalker’s behaviors.
  • D.Sexual Assault - Civil No Contact Order - (CNCO) protects victims of nonconsensual sexual conduct or sexual penetration perpetrated by the respondent. The victim can petition for this order and the following people can also be protected: family or household member of that victim, family pets, and rape crisis center employees and volunteers.
  • E.The following definitions of sexual conduct and sexual penetration come from the criminal code. The criminal charge requires the use of force or the threat of force; however, the petitioner of sexual assault CNCO only needs to show that the conduct was nonconsensual, that is, there was no freely given agreement.
    • 1.The petitioner must be someone who has been the victim, at least once, of nonconsensual sexual conduct or sexual penetration perpetrated by the respondent.
      • a.Sexual conduct – any knowing:
        • (1)touching or fondling by the victim or the accused, either directly or through clothing, of the sex organs, anus, or breast of the victim or accused, or any part of the body of a child under 13 years of age.
        • (2)or any transfer or transmission of semen by the accused upon any part of the clothed or unclothed body of the victim, for the purpose of sexual gratification or arousal of the victim or the accused.
      • b.Sexual penetration – includes, but not limited to, cunnilingus, fellatio, or anal penetration:
        • (1)any contact, however slight, between the sex organs or anus of one person by an object or the sex organ, mouth, or anus of another person; or
        • (2)any intrusion, however slight, of any part of the body of one person or of any animal or object into the sex organ or anus of another person. Evidence of emission of semen is not required to prove sexual penetration.
III.STALKING NO CONTACT ORDER
  • A.Stalking No Contact Order (SNCO) remedies may:
    • 1.prohibit further stalking or threatening to stalk;
    • 2.prohibit contact with the victim;
    • 3.prohibit the respondent from specific locations, such as the petitioner’s residence, school, daycare, place of employment, or any specific place frequented by the petitioner;
    • 4.prohibit the respondent from possessing a Firearm Owner’s Identification Card (FOID) or possessing or buying firearms; and/or
    • 5.order other injunctive relief the court determines to be necessary to protect the petitioner or third party specifically named by the court.
  • B.Department members enforcing an SNCO that outlines specific remedies being violated will prepare a General Offense case report using the following IUCR classifications and offense code:
    • 1.Primary classification: “Stalking” or "Non-Criminal (subject specified)."
    • 2.offense code: “0584” or "0585."
    • 3.Secondary classification: “Violation of Stalking No Contact Order” or ”Notification of Stalking No Contact Order," as appropriate.
    • 4.Reference: 740 ILCS 21/125, 720-ILCS 5/12-7.3 and 720 ILCS 5/12-7.4.
  • C.Stalking and a violation of an SNCO, CNCO, a temporary restraining order, or an order of protection are automatic upgrades to Aggravated Stalking, as well as, any injunctions prohibiting the behaviors described in the Illinois Domestic Violence Act 750 ILCS 60/214(b)(1).
    NOTE:
    Service for a SNCO can be provided via Short Form Notification Form CPD-21.129(3/13), consistent with Department directive entitled "Orders of Protection."
IV.SEXUAL ASSAULT - CIVIL NO CONTACT ORDER
  • A.Sexual Assault - Civil No Contact Order (CNCO) remedies may:
    • 1.prohibit the respondent from knowingly coming within, or knowingly remaining within, a specified distance of the petitioner or the petitioner’s residence, school, daycare, place of employment, or any specific place frequented by the petitioner;
    • 2.prohibit the respondent from having any contact with the petitioner directly, indirectly, or through third parties knowing of the order, including both physical and nonphysical contact;
    • 3.order the respondent to stay away from any property or animal owned, possessed, leased, kept, or held by the petitioner and forbid the respondent from taking, transferring, encumbering, concealing, harming, or otherwise disposing of the property or animal; and/or
    • 4.order other injunctive relief the court determines to be necessary to protect the petitioner or third party specifically named by the court.
  • B.Department members enforcing a CNCO that outlines specific remedies being violated will prepare a General Offense case report using the following IUCR classifications and offense codes:
    • 1.Primary classification: “Other Offense” or “Non-Criminal (subject specified).”
    • 2.offense code: “4386” or “5073,” as appropriate.
    • 3.Secondary classification: “Violation of Civil No Contact Order” or “Notification of Civil No Contact Order,” as appropriate.
    • 4.Reference: 740 ILCS 22/217.
      NOTE:
      Service for a CNCO can be provided via Short Form Notification Form CPD-21.129(3/13), consistent with Department directives entitled "Orders of Protection."
V.OBTAINING A SNCO OR CNCO
  • A.Members will advise victims to obtain an SNCO or CNCO at Domestic Violence Court, 555 West Harrison.
  • B.Additional information regarding domestic violence issues can be obtained through the Domestic Violence Program, 312-745-6340.
Items indicated by italics double underline were revised.
Authenticated by: JKH
Garry F. McCarthy
Superintendent of Police
14-036 AMR
GLOSSARY TERMS:
1. -
(SNCO) protects any person who is the victim of a course of conduct which causes that victim to fear for his or her safety or the safety of another person or to suffer emotional distress, when relief is not available to the petitioner under the Illinois Domestic Violence Act of 1986.
2. -
an emotional response to tangible and realistic dangers
3. -
significant mental suffering, anxiety, or alarm.
4. -
a person in the victim's situation, which requires courts to consider the victim's knowledge of the respondent and the context of the stalker's behaviors.
5. -
Sexual Assault (CNCO) protects victims of nonconsensual sexual conduct or sexual penetration perpetrated by the respondent. The victim can petition for this order and the following people can also be protected: family or household member of that victim, family pets, and rape crisis center employees and volunteers.
6. -
Any knowing touching or fondling by the victim or the accused, either directly or through clothing, of the sex organs, anus, or breast of the victim or the accused, or any part of the body of a child under 13 years of age, or any transfer or transmission of semen by the accused upon any part of the clothed or unclothed body of the victim, for the purpose of sexual gratification or arousal of the victim or the accused.
7. -
Any contact, however slight, between the sex organ or anus of one person and an object or the sex organ, mouth, or anus of another person, any intrusion, however slight, of any part of the body of one person or of any animal or object into the sex organ or anus of another person, including, but not limited to, cunnilingus, fellatio, or anal penetration. Evidence of emission of semen is not required to prove sexual penetration.