Chicago Police DepartmentSpecial Order S04-04-01
Orders of Protection - Procedures
Issue Date:16 April 2014Effective Date:16 April 2014
Rescinds:15 August 2000 version
Index Category:Preliminary Investigations
I.Purpose
This directive defines an order of protection and identifies the types of legal remedies available.
NOTE:
For the purpose of this directive, when capitalized, "Violation of an Order of Protection" will refer to the criminal offense, 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 General Order titled "Orders of Protection" for policy and guidelines.
II.Orders of Protection
  • A.Persons who can receive protection from an order of protection include:
    • 1.spouse/former spouses;
    • 2.parents;
    • 3.children/stepchildren;
    • 4.other person related by blood or by present or prior marriage;
    • 5.persons who share or formerly shared a common dwelling;
    • 6.persons who have or allegedly have a blood relationship through a child;
    • 7.persons of the same sex or opposite sex who have or have had a dating or engagement relationship;
    • 8.persons with disabilities and their personal assistants or caregivers;
    • 9.minor children or dependent adults in the care of petitioners;
    • 10.persons residing or employed at a private home or public shelter which houses abused family or household members; and
    • 11.protection for animals under the Illinois Domestic Violence Act.
      NOTE:
      The Illinois Domestic Violence Act (IDVA) now includes protections for animals as part of an order of protection.
  • B.Anyone can petition the court for an order of protection on behalf of a minor child or an adult who is prevented by age, disability, health, or inaccessibility to file on his own behalf.
  • C.An Order of Protection is a civil order and can generally be obtained in either criminal or civil court, or Child Support Court, Divorce Court, Juvenile Court and Probate Court. Orders of Protection have remedies enforceable by arrest, regardless of which court issued them.
    • 1.For misdemeanor crimes, an order of protection may be obtained at  Domestic Violence Court , Monday through Friday, 0830 to 1330 hours, concurrent with or subsequent to the filing of misdemeanor criminal charges.
    • 2.For felony crimes, the victim will not be directed to Domestic Violence Court to obtain an order of protection.
      • a.If the felony charges have been approved, the victim will be advised to contact the Cook County State's Attorney Victim/Witness Unit for procedures to obtain an Order of Protection.
      • b.If the offender is not in custody or is in custody but felony charges are pending, and the victim wishes to obtain an Order of Protection, the victim will be directed to Domestic Violence Court Monday through Friday, 0830 to 1500 hours, to obtain the Order of Protection.
    • 3.An Order of Protection may also be obtained in civil court when the victim does not want criminal prosecution or no criminal charge can be filed. The victim will be directed to Domestic Violence Court, Monday through Friday, 0830 to 1500 hours, to obtain the Order of Protection.
  • D.Types of orders of protection granted:
    • 1.Emergency orders - valid for not less than 14 days nor more than 21 days and can be entered without notice to the respondent.
    • 2.Interim orders - valid for up to 30 days and are issued after the respondent has received notice and has had the opportunity to appear in court.
    • 3.Plenary orders - valid for a fixed period of time, generally not to exceed 2 years. If it is issued in conjunction with a civil case, e.g., a divorce or other matter, it may be in effect until final judgment.
      NOTE:
      The expiration date is listed on the order of protection or can be verified through the Law Enforcement Agencies Data System (LEADS) or the OEMC.
    • 4.Child Support Court, Divorce Court, Juvenile Court and Probate Court can have orders of protection attached to them. The Order of Protection is the same, no matter which court grants it.
      NOTE:
      The Divorce Decree can attach an order of protection that will last for the remainder of the divorce, it will not expire.
  • E.Department Supervisors will serve respondents who have not been served with an order of protection by using a short form notification form.
  • F.Certain remedies are criminally enforced by arrest; others are enforced through contempt of court. The remedies available to the victim in an order of protection are:
    • 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 (4) Counseling. Requires or recommends that the respondent undergo counseling for a specified duration. Court enforced, contempt of court.
    • 5.BOX (5) Physical care and possession of the minor child. The court may grant petitioner physical care or possession of the minor child and/or 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. This provision is criminally enforceable by arrest. The charge is "Child Abduction" 720 ILCS 5/10-5. If the felony Child Abduction charge is approved, the respondent will also be charged with "Violation of an Order of Protection" 720 ILCS 5/12-30. If the felony Child Abduction charge is not approved and no other criminal charges apply, the respondent will be released without charging and this provision will be court enforced, contempt of court.
    • 6.BOX (6) Temporary legal custody. The court may award temporary legal custody to the petitioner. This provision is criminally enforceable by arrest. The charge is "Child Abduction" 720 ILCS 5/10-5. If the felony Child Abduction charge is approved, the respondent will also be charged with "Violation of an Order of Protection" 720 ILCS 5/12-30. If the felony Child Abduction charge is not approved and no other criminal charges apply, the respondent will be released without charging and this provision will be court enforced, contempt of court.
    • 7.BOX (7) Visitation. If the court grants visitation, the order shall specify dates and times the visitation will take place or other specific parameters or conditions. The petitioner may deny the respondent access to the minor child if, when the respondent arrives for visitation, the respondent is under the influence of drugs or alcohol and constitutes a threat to the safety and well-being of the petitioner or to the petitioner's minor children or is behaving in a violent or abusive manner. When the respondent is granted custody of the minor child and violates the order of protection by unlawfully denying visitation by the petitioner, this provision is criminally enforceable by arrest. The respondent will be charged with "Unlawful Visitation Interference" 720 ILCS 5/10-5.5 and "Violation of an Order of Protection" 720 ILCS 5/12-30.
      NOTE:
      If the order of protection grants custody to the petitioner and provides for visitation by the respondent, and the petitioner unlawfully denies visitation, the petitioner will be cited with "Unlawful Visitation Interference" on an Ordinance Complaint form, in accordance with the provisions outlined in the Department directive entitled "Ordinance Complaint Form." The case will be scheduled for the local misdemeanor branch court. The petitioner cannot be charged with "Violation of an Order of Protection."
    • 8.BOX (8) Removal or concealment of minor child. Prohibits the respondent from removing a minor child from the state or concealing a child within the state. This provision is criminally enforceable by arrest. The charge is "Child Abduction" 720 ILCS 5/10-5. If the felony Child Abduction charge is approved, the respondent will also be charged with "Violation of an Order of Protection" 720 ILCS 5/12-30. If the felony Child Abduction charge is not approved and no other criminal charges apply, the respondent will be released without charging and this provision will be court enforced, contempt of court.
    • 9.BOX (9) Order to appear. Directs the respondent to appear in court, alone or with a minor child, to prevent abuse, neglect, removal or concealment of the child. Court enforced, contempt of court.
    • 10.BOX (10) Possession of personal property. Grants the petitioner exclusive possession of personal property. Court enforced, contempt of court.
    • 11.BOX (11) Protection of property. Forbids the respondent from taking, concealing, damaging or disposing of any real or personal property, except as authorized by the court. Court enforced, contempt of court.
    • 12.BOX (11.5) Protection of animals. Grants 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.BOX (12) Payment of support. Orders the respondent to pay temporary support to the petitioner for any child in the petitioner's care or custody. Court enforced, contempt of court.
    • 14.BOX (13) Monetary compensation. Orders the respondent to pay for losses suffered as a direct result of the abuse, neglect or exploitation. Court enforced, contempt of court.
    • 15.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.
    • 16.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.
    • 17.BOX (15) Prohibition of access to school/other records of a minor child. Denies respondent access to school or any other records of the minor child who is in the care of the petitioner. Court enforced, contempt of court.
    • 18.BOX (16) Order payment of shelter. Orders a respondent to reimburse a shelter providing temporary housing and counseling services to the petitioner. Court enforced, contempt of court.
    • 19.BOX (17) Order of injunctive relief. Orders injunctive relief to prevent abuse, neglect or exploitation or to effectuate the granted remedies. Court enforced, contempt of court.
III.Violation of an Order of Protection
Pursuant to 720 ILCS 5/12-30, a person commits a criminal Violation of an Order of Protection if, after having been served notice of the actual contents of the order, he:
  • A.commits a prohibited act or fails to commit an act ordered by the Court, pursuant to paragraphs 1, 2, 3, 14, and 14.5 of subsection b of 750 ILCS 60/214. (Boxes 1, 2, 3, 14, and 14.5 of the order of protection.)
  • B.violates any other remedy when the act constitutes a crime against the protected party.
    NOTE:
    Respondents violating a remedy other than those contained in Boxes 1, 2, 3, 14, and 14.5 can be charged with Violation of an Order of Protection only if other criminal charges apply for the violation. If charges are not approved or no criminal charges apply, these remedies will be court enforced, contempt of court.
IV.Case Reporting
Officers will:
  • A.prepare a case report for any criminal acts, including violations of the remedies indicated in Boxes 1, 2, 3, 5, 6, 7, 8, 14, and 14.5 of the order of protection, or any time a case report is otherwise required.
    • 1.If another crime was committed concurrently with the Violation of an Order of Protection or a case report is otherwise required, the case report will be classified under that classification, and the Violation of an Order of Protection will be reported within the narrative, (e.g., violations of the remedies contained in Boxes 5, 6, 7 and 8). Members will enter "Violation of an Order of Protection" in the Unusual Characteristics of Offense box of the report, Box 58.
    • 2.If no criminal act occurred other than the Violation of an Order of Protection and no case report is otherwise required, members will enter "Other Offense" in the primary box, "4387" as the offense code, and " Violation of Order of Protection " in the secondary box. (If the respondent has not been served notice of the order of protection, refer to the reporting procedures in Item V of this Addendum.)
    • 3.In the event a respondent is ordered to wear a GPS monitoring device, members will enter “Violation of Order of Protection” in the primary classification box; “4389” as the new primary offense code; and “GPS monitoring device” as the secondary classification. If a VOOP is part of another criminal incident, members will use the proper IUCR code and include “VOOP GPS Monitoring Violation” in the “unusual circumstances” data field of the case report. Also in instances where the offender and victim are not on scene, and it appears there is no evidence of a bona fide crime, members will code the incident appropriately.
  • B.include the order of protection number and the expiration date in the appropriate section of the report.
  • C.explain all surrounding circumstances in the case report narrative.
  • D.if applicable, explain why an arrest was not made in the case report narrative.
    (Items indicated by italics/double underline were revised.)
Authenticated by: JKH
Garry F. McCarthy
Superintendent of Police
13-101 AMR
PHONE BOOK:
1.
Domestic Violence Court
555 W Harrison St., Chicago, IL