Chicago Police DepartmentGeneral Order G04-04-01
Orders of Protection - Policy
Issue Date:16 April 2014Effective Date:16 April 2014
Rescinds: 08 November 2012 version
Index Category:Preliminary Investigations
I.Purpose
This directive informs members:
  • A.of the revised universal Short Form Notification (CPD-21.129) (Rev.3/13), replacing the Order of Protection Short Form Notification Packet, a carbonless four-part formset available through the Domestic Violence Unit 135.
  • B.the Short Form Notification(short form) will be used to effectuate service of an Order of Protection, a Civil No Contact Order ,or a Stalking No Contact Order.
    NOTE:
    Instructions for obtaining the full order are on the back of the short form. The petitioner may have requested additional relief not indicated on this form.
  • C.that the short form will be used to serve orders of protection upon a respondent with unserved orders.
  • D.that they may detain the respondent for a reasonable period of time necessary to complete and serve the short form notification. Once the short form is served, the order of protection is enforceable.
  • E.of the procedures when responding to bona fide violations of orders of protection.
    NOTE:
    For the purpose of this directive, when capitalized, "Violation of an Order of Protection" will refer to the criminal offense (720 ILCS 12-3.4), enforceable by arrest. When in the lower case, "violations of orders of protection" will refer to violations of all remedies generally.
Department members will refer to the Special Order titled "Orders of Protection" for a detailed description of an order of protection and legal remedies.
II.Procedures
  • A.Whenever a Department member comes in contact with a subject named as the respondent in an unserved Order of Protection, Civil No Contact Order, or Stalking No Contact Order and the subject is not being placed under arrest, a field supervisor will be called to serve the respondent via the short form.
  • B.A field supervisor will respond to incidents when an unserved respondent is on scene.
  • C.Department policy requires mandatory arrest for two offenses - Violation of an Order of Protection (720 ILCS 5/12-30) and Violation of Bail Bond (725 ILCS 5/110-10d).
  • D.Department members will enforce violations of orders of protection whose remedies are criminally enforceable by arrest. Those remedies are as followed:
    • 1.BOX (1) Prohibition of abuse, neglect, or exploitation. Prohibit respondent's harassment, interference with personal liberty, intimidation of a dependent, physical abuse, or willful deprivation, neglect, exploitation, or stalking that has occurred or otherwise appears likely to occur if not prohibited. This provision is criminally enforceable by arrest. The charge is "Violation of an Order of Protection" 720 ILCS 5/12-30.
    • 2.BOX (2) Grant of exclusive possession of residence. Prohibits the respondent from entering or remaining in any residence of the victim. This provision is criminally enforceable by arrest. The charge is "Violation of an Order of Protection" 720 ILCS 5/12-30.
    • 3.BOX (3) Stay away order. Orders the respondent to stay away from the petitioner or any other persons protected by the order of protection, or prohibits the respondent from entering or remaining present at the petitioner's school, place of employment, or other specified places at times when the petitioner is present, or both. If this remedy has been granted to the petitioner by the court, the court may allow the respondent access to the residence to remove items of clothing and other personal items used exclusively by the respondent, medication and other items as the court directs and in the presence of an agreed upon third party or law enforcement officer. This provision is criminally enforceable by arrest. The charge is "Violation of an Order of Protection" 720 ILCS 5/12-30.
    • 4.BOX (14) Prohibition of entry. Prohibits the respondent from entering or remaining in the residence while the respondent is under the influence of drugs or alcohol and constitutes a threat to the safety or well being of the petitioner or the petitioner's children. This provision is criminally enforceable by arrest. The charge is "Violation of an Order of Protection" 720 ILCS 5/12-30. AND
    • 5.BOX (14.5) Prohibition of firearm possession. The court may order that the FOID card and any firearms in the possession of the respondent be turned over to the local law enforcement agency for safekeeping. If the respondent is a peace officer, the court may order that any firearms used by the respondent in the performance of duties as a peace officer be surrendered to the chief law enforcement executive of the agency employing the respondent, who shall retain the firearms for safekeeping for the duration of the order of protection. This provision is criminally enforceable by arrest. The charge is "Violation of an Order of Protection" 720 ILCS 5/12-30.
  • E.Officers can verify the existence of an order of protection, civil no contact order, or a stalking no contact order, along with their remedies and whether or not the respondent was served,by:
    • 1.checking LEADS,
    • 2.requesting the OEMC dispatcher to check LEADS,
    • 3.verbal admission by the respondent, and/or
      NOTE:
      A verbal admission by the respondent to the existence of an order of protection must be documented in the arrest report and complaint.
    • 4.once the short form is served by the field supervisor.
  • F.When an order of protection, civil no contact order, or stalking no contact order exists, officers will verify that:
    • 1.the order of protection, civil no contact order, or stalking no contact order has not expired; and
    • 2.the respondent has been served notice of the actual contents of the order of protection;and
    • 3.the alleged violation is for a remedy checked or indicated on the order of protection and determine if the violation is enforceable by arrest. (The remedies checked or indicated on an order of protection vary based on the facts of the situation; therefore, officers must verify which remedies apply.)
  • G.Department policy mandates that if probable cause exists that a Violation of an Order of Protection has occurred, the respondent will be arrested if present at the scene or located by Department members. The respondent will be arrested even if the petitioner does not want an arrest to occur. The Department member will sign the complaint if the petitioner refuses to sign.
    NOTE:
    The petitioner cannot waive an order of protection, a civil no contact order, or a stalking no contact order provisions, or be arrested for a Violation of an Order of Protection, even if the petitioner consented to the respondent's conduct that constituted the Violation of an Order of Protection. It is a judge's order and only the judge can revoke or modify it.
  • H.The existence of a valid order of protection, whether Illinois or foreign, does not preclude the offender being charged for other crimes. When handling a domestic incident involving a valid order of protection Department members are reminded that:
    • 1.if the respondent does not have notice of the order of protection, an arrest can occur if the act constitutes a crime, such as Child Abduction(720 ILCS 5/10-5) or Criminal Damage to Property (720 ILCS 5/21-1). The charge of Violation of an Order of Protection would not apply.
    • 2.if the specific remedy checked on the order of protection has not been violated, an arrest can occur when the act constitutes a crime, such as Child Abduction or Criminal Damage to Property. The charge of Violation of an Order of Protection would not apply.
    • 3.if the respondent has committed a Violation of an Order of Protection, additional charges may apply when another crime is committed concurrently, such as Unlawful Use of Weapons (720 ILCS 5/24-1) or Child Abduction(720 ILCS 5/10-5).
  • I.If the respondent is not on the scene and no arrest is made, but misdemeanor criminal charges apply, the victim will be directed not to wait until the next hearing date, but to report to the  Domestic Violence Court as soon as possible, Monday through Friday, 0830 to 1330 hours, to obtain a summons and/or warrant.
  • J.If the violation of the order of protection is not criminally enforceable, the victim will be directed to return to the issuing court to seek a civil remedy against the respondent.
  • K.GPS Monitoring Device
    • 1.Judges may order a respondent who has been charged with or convicted of a violation of an order of protection to wear a GPS monitoring device.
    • 2.The  GPS monitoring device vendor will notify OEMC when a monitoring device is activated.
      NOTE:
      The vendor will be alerted when a person subject to geographical restrictions enters the prohibited boundaries. The GPS monitoring device being activated alone is not a violation of the order of protection.
    • 3.OEMC will dispatch a unit to the scene who will investigate the allegation and, if a bona fide violation of an order of protection has occurred, effect the arrest if the respondent is on scene.
  • L.In addition to other required procedures as outlined in this directive, officers will provide the Domestic Incident Notice to the victim and explain its contents.
III.Notification of The Actual Contents of An Order of Protection
  • A.Whenever a Department member comes in contact with a subject named as the respondent in an unserved order of protection and the subject is not being placed under arrest, a field supervisor WILL be called to serve the respondent a short form.
  • B.A field supervisor will respond to incidents when an unserved respondent is on scene and will:
    • 1.read the following information to the respondent:
      • a.name of petitioner and protected parties
      • b.remedies listed on the Order of Protection
      • c.all the information contained on the back of the Respondent's copy.
    • 2.complete the Affidavit of Service (notary is not necessary).
    • 3.complete the Short Form Notification using the information from the LEADS message, checking the appropriate restrictions/remedies.
    • 4.serve the respondent with the WHITE copy, informing the respondent the order of protection is now enforceable.
    • 5.ensure a case report is completed documenting service in the narrative section.
    • 6.forward the YELLOW copy to the Field Services Section, Unit 166, Attn: Central Warrants.
    • 7.fax a copy of the short form to the Cook County Sheriff LEADS Unit or to the appropriate sheriff's office for orders of protection from outside Cook County.
    • 8.forward the PINK and GOLD copies of the short form in an envelope to the Cook County Sheriff LEADS Unit or to the appropriate Sheriff's office for orders of protection from outside Cook County.
  • C.District station supervisors will ensure that arrestees are name-checked prior to being released on bond or released without charges. If an arrestee has an unserved order of protection, the station supervisor will follow procedures outlined in Item III-B of this directive.
  • D.Short Forms will NOT be used for foreign or NCIC orders of protection.
IV.Conflicting Orders
  • A.When presented with two separate orders of protection that appear to be in conflict, members will request that a field supervisor respond to the scene. The field supervisor will ensure that:
    • 1.neither order of protection has expired.
    • 2.the contents of the orders of protection are reviewed to verify that they are in conflict.
    • 3.the parties are advised that the order of protection issued first (if not expired) takes precedence. The situation should then be evaluated as it would be if there had been only one order of protection, i.e., the one issued first.
      • a.If the respondent to the order of protection issued first knowingly violated a criminally enforceable remedy of the order after having received service, that respondent will be arrested. However, this respondent will not be arrested for Violation of an Order of Protection if:
        • (1)a criminally enforceable remedy of the order of protection was not violated, or
        • (2)the order of protection had not been served. If the order issued first has not been served, the officer will notify the respondent of the actual contents of the order of protection in accordance with Item III of this directive.
      • b.Whether or not the respondent to the first order of protection is being arrested, the respondent to the second order of protection will not be arrested for Violation of an Order of Protection, but can be arrested if other criminal charges apply.
        • (1)If the respondent to the order of protection issued second has not been served notice of the order, the officer will notify the respondent of the actual contents of the order of protection in accordance with Item III of this directive.
        • (2)The petitioner on the second order of protection will be advised of the ability to seek charges for the violation of this order of protection at the Domestic Violence Court.
    • 4.appropriate enforcement action is taken.
  • B.When there is a conflict between an order of protection and another court order (e.g., a visitation order), the first order issued applies. However, if the respondent to an order of protection has a visitation order that conflicts with a valid order of protection containing a "stay away" order (BOX 3), the order of protection will be enforced over the visitation order since this is a matter of safety for the petitioner of the order of protection. The party seeking visitation will be advised to return to the issuing court.
    • 1.If, there are visitation terms within the valid order of protection and the respondent violates the remedies of the order, that alone constitutes a violation of an order for protection, therefore the appropriate enforcement action should be taken.
    • 2.If the visitation terms within the order of protection involve a child and the visitation terms are violated, the appropriate enforcement action should be taken and the child should be removed from the respondent and surrendered to the party due possession according to the visitation terms within the order of protection.
V.Full Faith and Credit for Foreign Orders of Protection
  • A.Pursuant to Federal Law, 18 U.S.C. 2265, orders of protection are entitled to full faith and credit. This means that an order of protection issued in another state, territory, or tribe is entitled to enforcement in Illinois. Public Act 90-732 provided the enabling legislation for a foreign order of protection to be prosecuted as a violation of state law in our local courts.
  • B.If the order is valid in the issuing jurisdiction, it must be enforced in every other jurisdiction. Although the expiration provisions or remedy available to the petitioner may differ from that under Illinois law, the foreign order will be enforced if the violation occurred within the City.
  • C.Identifying Valid Foreign Orders
    • 1.Pursuant to 720 ILCS 5/12-3.4(a)(2), an order of protection issued by another state, tribal, or territorial court related to domestic or family violence shall be deemed valid if the issuing court had jurisdiction over the parties and matter under the law of the state, tribe, or territory.
    • 2.There shall be a presumption of validity when an order is certified and appears authentic on its face. There is no local registration requirement, nor does there have to be an original signature or raised seal on the order. Generally, a foreign order of protection will appear "authentic on its face" when the order:
      • a.gives the names of the parties and the issuing court,
      • b.contains the date the order was issued,
      • c.has an expiration date and that date has not passed,
      • d.specifies terms and conditions against the respondent, and
      • e.is signed by or on behalf of a judicial officer.
    • 3.Verification of a foreign order is not required under federal or state law. If the above requirements are met, the order is presumed valid.
    • 4.If the petitioner does not have a copy of the foreign order, verification can be attempted by:
      • a.verbal admission by the respondent.
      • b.using the National Crime Information Center (NCIC) Protection Order File (only a limited number of jurisdictions are on this file).
      • c.confirming the order's existence and elements with the issuing jurisdiction, either by contacting the local law enforcement agency or the issuing court.
      • d.contacting the Field Services Section, LEADS Desk. The LEADS Desk will then send a leads inquiry to the issuing agency in an attempt to obtain the necessary information needed. The requesting member will provide the LEADS Desk with the following information:
        • (1)Name, address (on order of protection), date of birth, and social security number of the respondent;
        • (2)Name, address (on order of protection), date of birth, and social security number of the petitioner;
        • (3)Name of the issuing jurisdiction; and
        • (4)Date order of protection was issued, if known.
    • 5.If the complainant's claim of a foreign order of protection cannot be verified, the responding member will complete the appropriate case report and document the incident in the narrative, including what measures were taken in an attempt to verify the claim of the foreign order of protection.
      • a.If another crime was committed concurrently with the alleged violation of the foreign order of protection or a case report is otherwise required, document the notification in the narrative portion and enter "Notification of Order of Protection" in the "Unusual Circumstances" field.
      • b.If no criminal act occurred and no case report would otherwise be required, members will enter "Other Non-Crim. Service" as the primary classification, (offense code 5080"), and "Notification of Order of Protection" as the secondary classification.
  • D.Member's will not enforce international orders, any order issued outside the country.
  • E.Procedures for Enforcement of Foreign Orders
    • 1.Officers should be aware that a respondent who has followed a petitioner to a foreign jurisdiction provides a significant risk to the petitioner's safety.
    • 2.Department members who encounter a foreign order of protection will:
      • a.request that a supervisor respond to the scene.
      • b.fully read the order to identify which acts are prohibited and by whom and to verify that the foreign order is valid.
        NOTE:
        Officers should be aware that foreign orders will vary in form, content, length, layout, and terms. Terms used may differ significantly from local orders. For example, the order might be called a "stay away order" rather than an order of protection.
      • c.determine if the violation of the foreign order occurred within the City. If not, the petitioner will be directed to the appropriate law enforcement agency.
      • d.determine whether or not the respondent has previous notice of the foreign order. As with a violation of an Illinois order of protection, prior notice to the respondent remains a required element for charging the respondent with the violation of the foreign order.
        NOTE:
        If the petitioner does not have a copy of the foreign order or if the copy does not indicate that the respondent was served, Department members will follow the procedures in Item V-C-4 to determine if the respondent has received notice of the foreign order.
    • 3.If the officer determines that the foreign order is valid, the violation occurred within the City, and the respondent has previous knowledge of the foreign order, the officer must determine if the remedies contained within the foreign order are enforceable under Illinois law.
      NOTE:
      Although the terminology of the foreign order may differ from that used in an Illinois order of protection, remedies of the foreign order must be compared to those available under Illinois law. If a remedy is substantially similar to that offered under Illinois law, it will be enforced.
      • a.If the officer determines that the remedies afforded the petitioner under the foreign order are substantially similar to the remedies contained within Boxes 1, 2, 3, 14, and 14.5 of an Illinois order of protection:
        • (1)the foreign order will be enforced by arrest of the respondent.
          • (a)Verbal admission by the respondent is sufficient to establish probable cause for the arrest, though the admission must be documented in the arrest report and complaint.
          • (b)When the petitioner is willing to sign a criminal complaint but does not have a copy of the foreign order and verification cannot be made in the field, probable cause to arrest exists. The respondent will be taken into custody and booked, and a case report will be prepared. However, verification of the foreign order must be made before formal charging.
          • (c)If the verification attempt fails to confirm the existence of a foreign order of protection, the respondent will be released without charging, unless other criminal charges apply.
        • (2)the officer will follow the reporting and other provisions outlined in Items III and IV of this directive. The charge is Violation of an Order of Protection, 720 ILCS 5/12-3.4.
          NOTE:
          If available, a copy of the foreign order of protection will be attached to the criminal complaint.
      • b.If the officer determines that the remedies afforded the petitioner under the foreign order are substantially similar to remedies under Illinois law that are enforceable in civil court, the officer will direct the petitioner to respond to Domestic Violence Court, Monday through Friday, 0830 to 1500 hours, to seek a civil remedy.
      • c.If the officer determines that the remedies contained within the foreign order are not remedies available under Illinois law, officers will determine if any independent criminal charges apply. If so, the appropriate reporting and arrest procedures will apply.
    • 4.If the foreign order of protection otherwise would be criminally enforceable, but the respondent has not received notice of the order:
      • a.the officer will:
        • (1)follow the notification and reporting procedures.
        • (2)fax a copy of the case report to LEADS Desk.
        • (3)if actions warrant, advise the victim of the availability of an Illinois order of protection, and
        • (4)enforce any other criminal charges that apply.
      • b.The LEADS Desk will retain the copy of the case report as a record of the verbal notification of the foreign order of protection for the duration of the order.
        NOTE:
        Department members will contact the LEADS Desk to verify if verbal notice was given to the respondent for any future incidents.
      • c.the Central Warrants Unit will:
        • (1)create an NCIC add-on file to the NCIC record of the order of protection (if one exists), entering the Records Division (RD) number, date, time, and the name of the officer who gave verbal notice of the order of protection to the respondent.
        • (2)notify the issuing jurisdiction via a National Law Enforcement Telecommunications System (NLETS) message of the verbal notification by the Department and that the add-on file was created. A printout of this message and the confirmation from the issuing jurisdiction will be retained in accordance with existing records-retention requirements.
    • 5.If any other criminal behavior is alleged and occurred within the City, Department members will take appropriate enforcement and reporting action.
    • 6.Department members will advise the petitioner of the foreign order of the availability of the City of Chicago's  Domestic Violence Help Line as a resource for assistance with domestic violence services.
  • F.Responding field supervisors will:
    • 1.ensure that the provisions outlined above are followed.
    • 2.assist officers in determining the applicability of Illinois law to the remedies contained within the foreign order.
    • 3.ensure that officers provide any necessary assistance to the victim, including transportation.
    Items indicated by italics/double under line were revised.
Garry F. McCarthy
Superintendent of Police
12-088 AMR/13-010 AMR
PHONE BOOK:
1.
Domestic Violence Court
555 W Harrison St., Chicago, IL
2.
GPS Monitoring Device Vendor - G4S Monitoring Center
866-224-3623
3.
Domestic Violence Hot Line
877-863-6338
TTY: 877-863-6339
24-hour