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DOMESTIC VIOLENCE DIVISION PRO BONO PROJECT TRAINING
Table of Contents INTRODUCTION 1
DYNAMICS OF DOMESTIC VIOLENCE: POWER AND CONTROL WHEEL 2 DANGER ASSESSMENT 3
VOLUNTEER SHIFT: VOLUNTEER SHIFT OVERVIEW 4‐5 VOLUNTEER SHIFT REPORT 6 CASE OUTCOME REPORT 7‐8 ORDER OF PROTECTION INTERVIEW QUESTIONS 9‐13 GUIDED PLEADINGS
PETITION FOR ORDER OF PROTECTION AND AFFIDAVIT IN 14‐26 SUPPORT OF PETITION FOR ORDER OF PROTECTION
SAMPLE PLEADINGS DOMESTIC RELATIONS COVER SHEET 27 SUMMONS 28 SHERIFF’S SHEET 29 PETITION FOR ORDER OF PROTECTION 30-34 AFFIDAVIT IN SUPPORT OF PETITION FOR ORDER 35-38
39-41 42-44
OF PROTECTIONNEMERGENCY ORDER OF PROTECTION SCRIPT FOR HEARING ON EMERGENCY ORDER OF PROTECTION
OTHER HELPFUL INFORMATION PAPERWORK NOTES 45-46 EMERGENCIES 46-47 ESTABLISHING PATERNITY 47 LOCATING A RESPONDENT IN JAIL 47 COURT REPRESENTATION 47 EXCLUSIVE POSSESSION 47-48 ENFORCEMENT 48
CASE PROGRESS: 49-51 52-53
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55-58 59
SERVICE OF PROCESS RETURN DATES SAMPLE DISPOSITION ORDER (ALIAS SUMMONS) SAMPLE INTERIM/PLENARY ORDER OF PROTECTION SCRIPT FOR DEFAULT PROVE UP SCRIPT FOR HEARING ON PLENARY ORDER OF PROTECTION
60-63
65 66
67-68
SPECIAL ISSUES: EXCLUSIVE POSSESSIONN CHILD SUPPORT RETURN OF CHILD VISITATION CHECKLIST SUPERVISED VISITATION
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Circuit Court of Cook County
Domestic Violence Division
Order of Protection Pro Bono Representation
Welcome and thank you for agreeing to participate in the Circuit Court of Cook County
Domestic Violence Division’s Order of Protection Pro Bono Representation Program
operating at the domestic violence court located at 555 West Harrison. We are pleased to
be able to offer training to orient volunteer lawyers regarding relief available under the
Illinois Domestic Violence Act and completion of the form petitions and affidavits.
Under current program operations all participating law firms schedule their volunteer
lawyers to be on site to represent otherwise pro se petitioners seeking emergency exparte
Orders of Protection. Potential clients are linked to volunteer lawyers who interview the
individual and determine whether they will agree to accept the case that day. After
completing the necessary pleadings on site, the volunteer will represent their client in the
emergency order of protection proceeding that same day. The volunteer will return to court
at a later date for the hearing on the plenary order of protection. At that time the
respondent is present and may or may not be represented. The volunteer’s pro bono
representation is limited to the Order of Protection case only. The court’s program
includes an on‐site lawyer from the non‐profit Domestic Violence Legal Clinic who serves as a
trainer and mentor should the volunteer have questions or concerns. Following the in
person or on line training, volunteer lawyers will be asked to attend a site orientation and
observe a courtroom as part of the overall training commitment.
At present there are two shifts for scheduled coverage. The morning shift begins at 9:00
and ends at 1:00 and the afternoon shift begins at 11:00 and ends at 3:00. The courthouse
opens to the public at 8:30. In order to bypass security, you must have a valid ARDC card as
well as an attorney ID card issued by the Sheriff. ID cards can be obtained at the Daley
Center and cost $20.00. If you do not have these, you will need to go through security, and
may not be permitted to bring items such as lap tops, markers, digital cameras, pepper
spray, padlocks or metal nail files into the building.
Upon arrival on a scheduled date all pro bono lawyers sign in at the Help Desk in Room 1400,
the Pro Se Assistance Area on the first floor of the courthouse. The process from there is
described in the following Volunteer Shift Overview. Before leaving court the volunteer
lawyer returns to the screening room and completes an Intake Coverage Report.
Subsequently at point of case closure the attorney will be required to submit the Case
Outcome Report. Both forms are provided in the training materials however blank Intake
Coverage Reports will be available on site.
We look forward to working with each of you as you provide vital services to individuals
seeking protection from domestic violence.
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VOLUNTEER SHIFT OVERVIEW
Appropriate cases will be linked to Pro Bono Project attorneys through the Domestic Violence Legal Clinic (DVLC’s) intake. A quick computer check and a DVLC conflicts check will be performed. We will have the client sign a release form and bring pertinent information about the case to you. Once a case is linked to you, follow the steps below:
1) Email or call your firm to initiate a conflicts check.
2) Meet with the client.a. Explain your roleProvide your potential client with an overview of the process. Explain confidentiality for potential clients. Inform them that you will need to ask some questions and check with your firm before you can agree to be their lawyer. They have the option to apply for an Order of Protection on their own. Make sure to note that your client must go to court to obtain an Order of Protection, and that this process takes several hours. Inform client the information provided will be used to prepare paperwork for court, which will then be filed and served upon the Respondent. The client will review and sign these documents before they are filed.
b. Ask the client, “What made you come to court today?” to get a generaloverview of the situation.
3) Once case is accepted:a. Execute your Letter of Engagement.
b. Perform the interview and prepare the affidavit. It may be helpful to start working
on the affidavit while interviewing the client, instead of taking notes and drafting the affidavit
later. See attached interview questions and samples.
c. Prepare the paperwork for filing (Petition, Summons, DR Cover Sheet, andSheriff’s Sheet). If time permits, draft the Emergency Order of Protection.See attached samples.
d. Have your client review and sign the documents.
4) File paperwork with the Clerk’s office.Grab a tag that says “This paperwork was prepared by a pro bono attorney” and bring paperwork to Clerk’s office.
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9‐1 shift – Paperwork usually must be turned in by noon to ensure your case isheard prior to the court’s lunch break.
11‐3 shift – Although strictly speaking there is no time limit, we suggest youaim to file your paperwork by 2:00 p.m.
5) While waiting for clerk to file paperwork:a) Prepare client for courtb) Draft Emergency Order of Protection (if not already completed)
6) Bring paperwork upstairs to the assigned courtroom.Hand the paperwork packet to the clerk and identify yourself as an attorney. Have aseat and wait for your case to be called.
7) Ex parte hearing.See sample Emergency Order of Protection Hearing script
8) Make copies.After court, wait for the clerk to process the paperwork. After retrieving thepaperwork, return to DVLC to make copies. Ensure your client has a stamped originalof the Petition for Order of Protection and any orders entered, and that you have acopy of each.
9) Fill out Volunteer Shift Report and sign out.
10) Next stepsInform client of return date, time, and courtroom. Make sure the client has yourcontact information.
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* Please detail any unusual or concerning issues on the back of this sheet.
Pro Bono Project Volunteer Shift Report
Date: ______________________________________ 9 A.M. or 11 A.M. (Please circle shift)
Attorney Name: ____________________________________________________________________
Firm / Company / Agency:_______________________________________________________________
REFERRAL OUTCOME:
If you decided not to accept a case please check which of the following apply:
Victim had income which would permit retaining private attorney Note: There is no specific means test for eligibility
Victim decided not to pursue an Order of Protection
Victim could not stay for court and had to return on another day
Consultation resulted in reservations regarding merits
Parties are currently litigants in a pending case
Other (please specify): _______________________________________________
If a case was accepted for representation, please indicate the CASE NUMBER : ___________________
Emergency Order of Protection was granted
Emergency Order of Protection denied and the case set for hearing on Plenary
Emergency Order of Protection denied and petition withdrawn
Emergency Order of Protection denied and case dismissed (by Judge)
1. What was the relationship of the respondent to your client?___________________________
2. What type(s) of abuse were alleged? PHYSICAL EMOTIONAL SEXUAL CHILD ABUSE
3. Were there children in common with the respondent? YES NO
4. Was legal paternity established (through marriage or a VAP)? YES NO If yes:
a. Was physical care requested in the Emergency Order of Protection? YES NO b. Was it granted? YES NO c. Was visitation requested in the Emergency Order of Protection? YES NO RESERVEDd. Was it granted? YES NO RESERVED
5. Was Exclusive Possession of a shared residence sought? YES NO a. If yes, was it granted? YES NO
5. Was the case screened by the State’s Attorney’s Office? YES NO UNKNOWN
6. Was the case returned the State’s Attorney’s Office for review? YES NO
Total hours today____________________________________________________________________
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Pro Bono Project Attorney Case Outcome Report
Date: ________________________________________________________________________
Attorney Name: ________________________________________________________________
Firm / Company / Agency: ______________________________________________________________
Case Number: __________________________________________________________________
1. Date Letter of Engagement was executed _____________________________________
2. What was the relationship of the respondent to your client?___________________________
3. What type(s) of abuse were alleged? PHYSICAL EMOTIONAL SEXUAL CHILD ABUSE
4. Please check which of the following apply:
Emergency Order of Protection was granted
Emergency Order of Protection denied and the case set for hearing on Plenary
Emergency Order of Protection denied and petition withdrawn
Emergency Order of Protection denied and case dismissed (by Judge)
5. Was a Plenary Order of Protection sought? YES NO
6. Was a Plenary Order of Protection granted? YES NO
7. How was the Plenary Order of Protection granted?
Default
Agreement (Respondent pro se)
Agreement (Respondent represented by an attorney)
Hearing (Respondent pro se)
Agreement (Respondent represented by an attorney)
8. Were there children in common with the respondent? YES NO
9. Was legal paternity established (through marriage or a VAP)? YES NO If yes:
a. Was physical care requested in the Plenary Order of Protection? YES NO b. Was it granted? YES NO c. Was custody requested in the Plenary Order of Protection? YES N d. Was it granted? YES NO e. Was visitation addressed in the Plenary Order of Protection? YES NO
Was visitation restricted? If so in what way? _________________________________
_________________________________________________________________________
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10. Was Exclusive Possession of a shared residence sought in the Plenary OP? YES NO
11. If yes, was it granted? YES NO
12. Was Respondent served before the first return date? YES NO
13. Was an Alias Summons required to gain service? YES NO
14. Was service obtained through Publication? YES NO
15. Was a special process server utilized? YES NO
16. Did the client report any violations of the OP? YES or NO
17. How many court appearances did you make in this case?_______________APPEARANCES
18. Please estimate how many total hours you spent on this case:
Month 1 ________________HOURS
Month 2 ________________HOURS
Month 3 ________________HOURS
* Please detail any unusual or concerning issues below.
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Order of Protection Interview Questions The following questions may be helpful when preparing a Petition for Order of Protection and the accompanying affidavit. The questions in italics are only relevant if the parties have minor children in common.
Relationship (Affidavit and Petition) How do you know the Respondent/What is your relationship?
How long have you dated/been married? When did you separate?
Did you ever live together? For how long? Who left the shared residence, and when?
Do you have children in common? Names and DOB’s Legal Paternity est.? (voluntary ack. of paternity, ct case, etc.)
Most Recent Incident(s) (Affidavit) Why did you come here today to get an Order of Protection?
When exactly did this happen? Where? Who was present? What happened? Next? (Est. a clear timeline) How did this incident end?
Were police called/report filed?
Have you had any contact with the Respondent since this incident? What kind? Where? Who was present? When?/ How many times? What was said/texted?
Most Serious Incident (Affidavit) What is the most severe/serious incident of abuse (physically, emotionally, sexually) that you can remember?
When did this happen? Where? Who was present?
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What happened? Next? (Est. a clear timeline) How did this incident end?
Were police called/report filed?
First Incident of Abuse (Affidavit) What is the first time you remember this person being abusive towards you?
When exactly did this happen? Where? Who was present? What happened? Next? (Est. a clear timeline) How did this incident end?
Were police called/report filed?
Other Incidents of Abuse (Affidavit) Is there another time you remember the Respondent being abusive towards you?
When exactly did this happen? Where? Who was present? What happened? Next? (Est. a clear timeline) How did this incident end?
Were police called/report filed?
Ongoing abuse (Affidavit) In addition to the incidents you just told me about, has the Respondent ever been abusive towards you?
How (physically, emotionally, sexually)? How often would/does this occur?
Is there anything else that makes you afraid of the Respondent?
Has the Respondent ever been abusive to the children or toward you in front of the children?
When? What happened? How did the child/children react?
Fearfulness (Affidavit) Do you feel that you need an Order of Protection to keep you safe? If you did not obtain an Order of Protection, do you think the abuse would continue?
If the Respondent knew you were here today to get an Order of Protection, do you think he/she would try to hurt you/prevent you from seeking an Order of Protection (i.e., physically stop, threaten, or try to convince not to file)?
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Jurisdiction and Venue (Petition) Does the Respondent know your current address?
If no: You do not have to put your address on the court paperwork, but you do need to list another address where you can receive mail. We can list my firm’s address.
Do you have any pending court cases/are you in court with the Respondent for anything else?
If yes: What kind of case is it? Where is court taking place? What is the case number?
Do the children live in Illinois? Have they always? If not, where did they live previously and for how long? When did you move to IL? NOTE: See Danielle in this situation.
Who is the primary caretaker of the children? (i.e., who feeds them, bathes them, takes them to school/daycare, dr.’s appointments, helps with homework)?
Who do you want protected by this Order? Yourself? Kids? Any other household members?
Requests for Relief (Petition) Do you want to ask for exclusive possession of your residence, meaning the Respondent will be prevented from entering or remaining there? (Allegation K/Remedy 2)
Has he ever lived there? Who is on the lease or deed? (Is he/she?)
If yes, balance the hardships: Does he/she pay rent? Does he/she work? Do you work? Does he/she have anywhere else to stay temporarily? Do you have anywhere else to stay temporarily? Does anyone else live with you? Is the residence close to either or your work, kids’ school?
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- OR – [Is the Respondent ONLY dangerous while under the influence of alcohol or drugs?] (X(1)/14)
Do you want the Respondent to be ordered to stay away from you and other protected persons, and to have NO contact with you? (L/3a)
- OR – [Do you ONLY want the Respondent to be ordered to stop abusing you?] (Z/17)
- OR – [Would you like some other restriction on contact?] (Z/17)
Are there any addresses you want to prevent the Respondent from coming to, such as work or school? (L (second box)/3b)
Where would you like protected? Name of school/company? Address? Does the Respondent know this address?
Does Respondent have a right to be there?
Do you want the Respondent to be ordered to attend treatment or counseling? (M/4)
Are you asking to be granted the physical care of the children, meaning they would stay with you? (N/5a and 5b)
Are you afraid of: (check boxes)
Are you asking for temporary legal custody of the children? (O/6)
Are you asking that visitation be restricted or denied? (P/7) Are you afraid of: (check boxes)
Do you think the Respondent would try to snatch the children? (Q/8)
Is there any property the Respondent has that you need? (S/10) Is this yours or do you own this property together?
Is there any property that you need protected from the Respondent? (T/11) Is this yours or do you own this property together?
Do you want to request child support (only available if legal paternity has been established). (W/12)
Do you have any pets that need to be protected from abuse? (U & V/10 or 11, separate line on page 1 of EOP/POP)
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Which Pets? (Name? Age? Color? Breed?)
Did you incur any costs or expenses for medical treatment, temp. housing, etc., as a result of the abuse? (X/13)
What? How much did this cost?
Do you want to prohibit the Respondent from having access to the children’s school, medical, or other records? (Y/15)
Why?
Does the Respondent own or carry any firearms? (X(2)/14.5)
Remedies (Petition) Does the Respondent/do you have items in your formerly shared residence you need to get? (Remedy 3c)
Are you asking that visitation be “reserved”, meaning put aside, until the next court date? (Remedy 7c)
- OR‐ [Are you asking for a temporary visitation arrangement?] (Remedy 7a)
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PETITION FOR ORDER OF PROTECTION
PAGE 1
Generally: Write the Petitioner’s name on the line marked “Petitioner” and the Respondent’s name on the line marked “Respondent”
If seeking an order on behalf of (O/B/O) a minor child or adult: Write the Petitioner’s name on the second line and the minor child or adult’s name on the “Petitioner” line. If the Petitioner also has been abused, write “him” or “her” on the third line.
Always: Enter the case number where it says “Case No.” Check the box next to “Independent Proceeding.”
Always: Write the Petitioner’s name on the line after the word “Petitioner”.
If seeking an order on behalf of (O/B/O) a minor child or adult: ALSO write the minor child’s name on the second line or the adult’s name on the third line.
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If the Respondent knows where the Petitioner resides: Check the first box and fill in the Petitioner’s address in the first section. If the Respondent does NOT know where the Petitioner resides: Check the third box and put DVLC’s name and address in the third section.
For O/B/O Cases, if the Petitioner and the minor child or adult live in different places: Check the second box and fill in both addresses in the second section.
Always: List the Respondent’s address.
If the Respondent’s address is unknown: Use the last known residential address.
Always: Check all of the appropriate boxes.
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Always: Check the first box.
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List the names and birthdates of children the parties have in common ONLY.
Only use if there is a child or children listed under E. Usually 1.a. is the answer. If the client indicates the children were born or lived in another state, please ask Danielle.
Only use if there is a child or children listed under E, AND legal paternity has NOT been established as to one or more children. Check F and write the names and birthdates of the child(ren) as to whom legal paternity has not been established.
Only use if there is a child or children listed under E. Write the name of the child(ren)’s primary caretaker (usually the Petitioner)
Always: Check box “H”, then check all of the appropriate sub‐boxes.
Always: Write: - Petitioner’s name; and
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- The names of any of Petitioner’s children who need protection, along with their birthdates and relationship (i.e. Jonathon Smith (3/3/03)(Petitioner’s son)), and
- The names of any other household members who need protection, along with their relationship (i.e. Barbara Marshall (sister))
Always: Check “J.” Under “Incidents” write “See attached affidavit.” Under “Effects” write “Fear and stress.”
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Usually: Check “K.” - Check the first sub‐box if the Respondent does NOT have a right to
occupy the residence. The Respondent does not have a right of occupancy if the parties are unmarried AND either the Respondent has never lived there or the Petitioner is the owner or sole lease‐holder of the residence.
- Check the second sub‐box if the Respondent does have a right of occupancy to the residence that the Petitioner hopes to return to. Also check all of the sub‐boxes that apply. The Respondent has a right to occupy the residence if: the parties are married, they are both on the lease or deed, or they both live there and do not have a written lease (month to month lease).
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Rarely: Leave Blank - If the client does NOT want to prohibit the Respodnent from coming to his/her home.
If the Petitioner wants NO CONTACT with the Respondent: Check the first box under “L.” If the Petitioner wants to have some contact with the Respondent: Leave the first
box under L blank.
If the Petitioner wants to prevent the Respondent from coming to address other than her residence: Check the second box under “L.” List the address and identify the location. (i.e., 2020 W. Strom St., Chicago (babysitter’s residence), A & B Services, 300 W. Division, Chicago (workplace).
Check “M” if the Petitioner would like the Respondent to attend counseling.
Paragraphs N – R ONLY apply if the parties have minor children in common (Children listed in paragraph “E”). If paternity has been established:
- Check N and the appropriate sub‐boxes - Check O - Check P and the appropriate sub‐boxes - Check Q
If paternity has NOT been established: - Check Q
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Paragraph "R" is used rarely (return to court with child).
Check Paragraph “S” if the Respondent has property that the Petitioner needs back, and either she owns the property solely or the parties own the property jointly (NOTE: property purchased during a marriage is usually considered “marital property.”) Check the appropriate sub‐boxes.
Check Paragraph “T” if the Petitioner needs to protect property from damage or theft, and either she owns the property solely or the parties own the property jointly. (NOTE: property purchased during a marriage is usually considered “marital property.”) (i.e. Interior and exterior of the Petitioner’s residence at 123 Sesame St., Chicago; 2008 Ford Focus (blue) (Petitioner’s car). Check the appropriate sub‐boxes.
Check "U" and "V" if the Petitioner has pets that need protection from the Respondent that either she owns solely or the parties own jointly. Fill in the name, type, and description. Check the appropriate sub‐boxes.
PAGE 4
Check if there are minor children in common and the Respondent has established legal paternity (if paragraphs “N”,”O”, and “P” are checked).
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Check “X” if the Petitioner would like to be reimbursed for damage to property or any costs incurred because of the abuse. List the item and actual or estimated cost. If it is an estimate or an approximate cost, state that. (i.e. St. Francis Hospital, April 3, 2013 E.R. visit, $553; new tires, est. $400).
Check ONLY if the Petitioner wants the Respondent out of the home ONLY while under the influence of alcohol and drugs. Do NOT check this box if either box “K”(exclusive possession of residence) or the first box under “L” (stay away) are checked.
If the Respondent has a firearm: check with the supervising attorney.
Only Check this box if the parties have minor children in common (“E”) and: - the Petitioner’s address is confidential, or - Petitioner does not want the Respondent to have access to the kids
records.
Only check this box if the Petitioner is seeking some contact with the Respondent. Write the conduct she seeks to prohibit (i.e. “No unlawful or harassing contact”, or “No contact by any means, except to discuss visitation and emergencies involving the minor children.”
Only check if the Petitioner’s address is confidential.
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Always: Check (i). Check (ii) : If Petitioner is seeking exclusive possession of a shared residence (balancing the hardships) Check (iii) : If Petitioner is seeking exclusive possession of shared property (balancing the hardships)
�See "I" (above).
Check all that apply. Usually this includes physical abuse, harassment, interference with personal liberty, and stalking,. Intimidation applies if there is or may be physical abuse in front of a child.
Write Petitioner’s address if know to the Respondent, or “Address omitted pursuant to Statute” if it is confidential.
See “L” for 3.a. and 3.b. If the Petitioner OR Respondent needs to get belongings from the residence: Check 3.c. Cross off “Respondent” and write “Petitioner” (if applicable). Write in “Discretionary” for date and time, “Chicago Police Department” (or name of town’s police department) under name and “Clothing and personal belongings” in the last blank space.
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See “M" above.
PAGE 5
Only Check these boxes if the parties have minor children in common (“E”). If paternity has been established:
- Check 5. a., 5.b., and the second sub‐box - Write names and birthdates of children on the first line, and “any
designated caregiver” on the second.
If paternity has NOT been established: - Only check 5.b. and the second sub‐box - Write names and birthdates of children on the first line, and “any
designated caregiver” on the second.
If the parties have minor children in common (“E”) and paternity HAS been established: Check 6 and write the names and birthdates of children on the line.
If the parties have minor children in common (“E”) and paternity HAS been established: Check 7, and either
- Check sub‐box c., cross out the word “denied” and write in “reserved”(usually), or
- Check “a” and write in requested visitation (rarely).
See “Q”.
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See “R”.
See “S”.
See “T”.
If the parties have minor children in common (“E”) and paternity HAS been established: Check 12 and write “TBD” on each line. Check the box next to “directly to Petitioner.”
Check “13” if the Petitioner would like to be reimbursed for damage to property or any costs incurred because of the abuse. Write the amount (if known) and TBD on the lines.
Check ONLY if the Petitioner wants the Respondent out of the home ONLY while under the influence of alcohol and drugs. Do NOT check this box if either box “K”(exclusive possession of residence) or “L” (first option – stay away) are checked.
If the Respondent has a firearm: check with Danielle.
See “Y.”
Rarely used.
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See "X"
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Attorney No. INSERT ATTORNEY CODE IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
COUNTY DEPARTMENT, DOMESTIC RELATIONS DIVISION
IN RE: ) CLIENT NAME )
Petitioner, ) ) Court No.: CASE NUMBER
v. ) Calendar: CALENDAR )
RESPONDENT NAME ) Respondent. )
AFFIDAVIT OF CLIENT NAME IN SUPPORT OF PETITION FOR AN ORDER OF PROTECTION
CLIENT NAME swears or affirms on oath that the following statements are true:
1. EXPLAIN THE RELATIONSHIP OF THE PARTIES HERE. STATE WHEN THERELATIONSHP BEGAN AND ENDED, IF THEY LIVED TOGETHER, AND WHETHER OR NOT THEY HAVE CHILDREN IN COMMON. STATE “The Respondent has abused me as follows:”
a. INSERT DETAILS OF MOST RECENT ABUSE INCIDENT HERE. FOLLOWINTERVIEW GUIDE.
b. INSERT DETAILS OF PAST INCIDENT(s) OF ABUSE HERE.
c. INSERT DETAILS OF ANY OTHER INCIDENTS OR SUMMARY OF ABUSEHERE.
2. LIST TYPES OF FURTHER ABUSE THE CLIENT FEARS, AND WHO MAY FALL VICTIM TOFURTHER ABUSE.
3. STATE NECESSITY FOR AN EMERGENCY ORDER OF PROTECTION TO BE ENTERED (WHATMIGHT HAPPEN IF THE RESPONDENT RECEIVED NOTICE).
________________________ PETITIONER
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CERTIFICATION Under penalties as provided by law pursuant to Section 1 ‐ 109 of the Code of Civil Procedure, the undersigned certifies that the statements set forth in this instrument are true and correct, except as to matters therein stated to be on information and belief and as to such matters the undersigned certifies as aforesaid that she verily believes the same to be true.
____________ ________________________
DATE PETITIONER
Attorney No. Attorney Name Firm Address Telephone Number
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VERSION 1 Attorney No. 90001
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT, DOMESTIC RELATIONS DIVISION
IN RE: ) JANE SMITH, ) Petitioner, )
) Court No.:11 OP 70002 v. ) Calendar: 72
) JOHN SMITH, ) Respondent. )
AFFIDAVIT OF JANE SMITH IN SUPPORT OF PETITION FOR AN ORDER OF PROTECTION
JANE SMITH swears or affirms on oath that the following statements are true: 1. I am the Petitioner in this action and the Respondent is my husband. We have been
married for approximately fifteen (15) years, and separated on or about July 1, 2011. We have two children together, Tasha (4/5/04) and Jimmy (1/26/07) Smith, with regard to whom legal paternity has been established. The Respondent has abused me as follows:
A. Beginning on July 3, 2011 and continuing to the present, the Respondent has continuously called and harassed me. He has called my cell phone approximately fifty (50) times. When I have answered the phone, he has threatened me that I better come home “or else.” On July 5, 2011, on information or belief, he contacted both my cousin and my sister to ask for my whereabouts.
B. On or about July 1, 2011, at approximately 2:30 p.m., I arrived home from work. The Respondent was outside of our formerly shared residence (3000 S. Road, #1E, Chicago) and demanded to be let in. He said he just wanted to talk and appeared calm, so I let him inside. He came into the house and said “I’m tired of this bullshit!”, and violently pushed me to the ground. He punched me in the face approximately three (3) times. He put both hands around my neck and choked me. He picked me up and threw me onto the couch and my head slammed against the arm of the furniture. He sat me up and put his arms on either side of me which pinned me to the couch. The Respondent then interrogated me for approximately twenty (20) minutes during which time he demanded to know the details of my personal life. While he questioned me, he repeatedly and forcefully pushed and poked me in the chest. I tried to appease him by answering his questions. He eventually left. Immediately after he left I called the police and filed a report. The incident left my face swollen and left large bruises on my chest, shoulder, and both arms.
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C. In or around May of 2011, at approximately 12:00 a.m., the Respondent and I were at our formerly shared residence (3000 S. Road, #1E, Chicago) when he became angry and started shouting at me. The Respondent grabbed my arms, pushed me around the room, and punched my right arm approximately four (4) times. The Respondent threw an object at me, which struck the top of my head resulting in a bruise. He then punched my face, which resulted in a bloody lip. This continued for approximately ten (10) minutes. I was able to get away from the Respondent and run to a neighbor’s house. I called police, but the Respondent was gone when they arrived.
D. The Respondent has been physically and verbally abusive to me throughout our relationship. The Respondent first became physically abusive when I was pregnant with our daughter. Approximately once or twice per month, he grabs my arms and shakes me. He is verbally abusive, calling me a “bitch” or “whore” and threatens, “You’ll see what happens to your family!” This verbal abuse occurs approximately one (1) time per week.
2. Based on the Respondent’s behavior, I am afraid that the Respondent will continue tophysically abuse me, harass me, intimidate our children, interfere with my personal liberty, and to stalk me. I fear for my safety and the safety of my family
3. I believe that if the Respondent knew I was trying to get an Order of Protection or hadnotice that I was trying to obtain an Order of Protection, he would try to stop me and hurt me.
________________________ PETITIONER
CERTIFICATION Under penalties as provided by law pursuant to Section 1 ‐ 109 of the Code of Civil Procedure, the undersigned certifies that the statements set forth in this instrument are true and correct, except as to matters therein stated to be on information and belief and as to such matters the undersigned certifies as aforesaid that she verily believes the same to be true. ____________ ________________________
DATE PETITIONER
Jon Doe Attorney for Petitioner 123 S. Johnson Chicago, IL 60607 312‐333‐3333 Attorney Code: 90001
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VERSION 2 Attorney No. 90001
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT, DOMESTIC RELATIONS DIVISION
IN RE: ) JANE SMITH, ) Petitioner, )
) Court No.:11 OP 70002 v. ) Calendar: 72
) JOHN SMITH, ) Respondent. )
AFFIDAVIT OF JANE SMITH IN SUPPORT OF PETITION FOR AN ORDER OF PROTECTION
JANE SMITH swears or affirms on oath that the following statements are true: 1. I am the Petitioner in this action and the Respondent is my husband. We have beenmarried for approximately fifteen (15) years, and separated on or about July 1, 2011. We have two children together, Tasha (4/5/04) and Jimmy (1/26/07) Smith, with regard to whom legal paternity has been established. The Respondent has abused me as follows:
A. Beginning on July 3, 2011 and continuing to the present, the Respondent has continuously called and harassed me. He has called my cell phone approximately fifty (50) times. When I have answered the phone, he has threatened me that I better come home “or else.” He has also sent me approximately twenty (20) text messages during this period of time. In these messages, he called me names, such as “bitch.” He said, “I should never have married you!” The Respondent has also apologized twice, saying, “I love you” and “I’m sorry about everything.” On July 5, 2011, on information or belief, he contacted both my cousin and my sister to ask for my whereabouts.
B. On or about July 2, 2011, I was at my job (A & B Offices, Chicago) when security called to ask me to come downstairs. When I got to the lobby, I saw the Respondent was there. He was holding a dozen roses, a teddy bear, and an edible arrangement. I asked him what he was doing, and he said, “Come home.” I told him no, and asked him to leave. He refused. A security guard had to walk him outside. As I walked to the elevator, I heard him yell, “You’re dirt! No one will love you like I do!” As a result of this incident, I felt scared and humiliated.
C. On or about July 1, 2011, the Respondent and I were at our formerly shared home. We argued, and I decided to leave. I told our children, Tasha (4/5/04) and Jimmy (1/26/07), to pack up some pajamas and clothes for the next day. The Respondent became angry with me, and told me I could not leave. I said,
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“Are you going to hold me hostage? I’m going to my sister’s.” I went to grab my purse, but he got there first and pulled out my keys. I tried to get them back, but he would not give them to me. I pulled out my cell phone, and told him I would call the police. When I began to dial the phone, he pulled it out of my hands and threw it on the ground. He then went downstairs with my keys. I pulled our home phone into the bathroom and called my sister and brother‐in‐law. They came to pick us up and got my keys from the Respondent. As a result of this incident, I have a scratch and bruise on my right hand.
D. The Respondent has been verbally abusive to me throughout our relationship. The Respondent first became abusive about one (1) week after we were married, in or around June of 1996. At first, he called me names, such as “stupid.” When I was pregnant with our daughter, he became more verbally abusive, calling me a “bitch” or “whore.” He began to and threaten me, saying “You’ll see what happens to your family!” In the past year, this has happened more often. This verbal abuse occurs approximately one (1) time per week.
2. Based on the Respondent’s behavior, I am afraid that the Respondent will continue toharass me and interfere with my personal liberty. I am afraid the abuse will escalate, and he will begin to physically abuse me, stalk me, and intimidate my dependents. I fear for my safety and the safety of my family.
3. I believe that if the Respondent knew I was trying to get an Order of Protection or hadnotice that I was trying to obtain an Order of Protection, he would try to stop me and hurt me.
________________________ PETITIONER
CERTIFICATION Under penalties as provided by law pursuant to Section 1 ‐ 109 of the Code of Civil Procedure, the undersigned certifies that the statements set forth in this instrument are true and correct, except as to matters therein stated to be on information and belief and as to such matters the undersigned certifies as aforesaid that she verily believes the same to be true. ____________ ________________________
DATE PETITIONER
Jon Doe Attorney for Petitioner 123 S. Johnson Chicago, IL 60607 312‐333‐3333 Attorney Code: 90001
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Model Script for Emergency Order of Protection
THE JUDGE WILL TYPICALLY ALLOW YOU TO LEAD YOUR WITNESS.
Your honor, my name is _________ of _______________ (firm), on behalf of the Petitioner.
THE CLERK WILL SWEAR THE WITNESS. The Judge Usually asks some preliminary questions.
Background information
1. Could you please state your name for the record?
2. ________________________ (Respondent’s name) is your_______________ (relationship)?
Children 1. You do/do not have ____ (number) children in common with the
Respondent?
2. The Respondent has/has not established legal paternity? His name is on thebirth certificates?
Abuse history Go through at least 1 recent incident of abuse. It is okay to summarize the remainder of the abuse.
1. On July 1, you were at your formerly shared residence with the Respondent,when you argued? 2. You said you were leaving?3. And the Respondent told you you could not leave?4. The Respondent grabbed your car keys out of your purse?5. You then pulled out your cell phone, but the Respondent grabbed it out ofyour hands and threw it to the floor? 6. This broke your cell phone?7. You also received some injuries from this incident? You have a bruise andscratch on your right hand?
Your honor, I ask that the record reflect the Petitioner’s injury.
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Advanced issues (use questions as applicable)
Child snatching
1. Has the Respondent ever threatened to take your children from you?
2. When did this occur?
3. What did the Respondent say to you?
Exclusive possession of shared residence
1. Are you asking for exclusive possession of the residence?
2. Whose name is on the lease or deed of your residence?
If both names are on the lease/deed, you will have to balance the hardships:
1. Does the Respondent have family or friends in the area with whom he canstay?
2. Do you have any family or friends in the area with whom you can stay?
3. Do your children attend school?
4. How do they get to school?
5. Is the school close to your residence?
6. Are you employed?
7. Is your place of employment close to your residence?
8. Is the Respondent employed?
9. Is the Respondent’s place of employment close to your residence?
Physical care/possession
1. Are you seeking physical care of your children?
2. Are you primarily responsible for taking care of your children?
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b. Who takes the children to the doctor?
c. Who makes meals for the children?
d. Who dresses the children?
e. Who puts the children to bed?Add other age‐appropriate parenting duties (feeds the children, bathes the children, meets with their teachers, helps with their homework, takes them to the doctor).
Conclusion
1. Are you afraid of the Respondent?
2. If the Respondent knew you were trying to get an order of protection do youthink the Respondent would try to hurt you or prevent you from getting this order?
Your Honor, I have nothing further at this time.
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OTHER HELPFUL INFORMATION
PAPERWORK NOTES
Your “attorney code” or “attorney number” is a five‐digit code specific toyour firm. It is NOT your ARDC number.
Remember to put your firm’s name, address, and attorney code at the bottomof all court paperwork. You can put your client’s name and phone number onthe bottom of the “Sheriff’s Information Sheet”, unless the Respondent doesnot have their current phone number. In that case, it may make sense to putyour name and phone number instead.
Petition Specifics
Protected Personso Include your client as a “Protected Person” in the petition and orders.
Specify the relationship of all other Protected Persons to thePetitioner. Also include a date of birth for each child.
o Listing children as “minor children” does not automatically make them“protected parties.” Children must also be named on the “protectedparties” line
Residences and Protected Addresseso When you requesting exclusive possession of a residence (paragraphs
K and 2 on the Petition), you do NOT need to include this residence as aprotected address under paragraphs L or 3b.
o Identify protected addresses (i.e., “Pet.’s workplace”) in paragraphs Land 3b.
o Paragraphs X(1) and 14 are intended for situations when the Petitioneronly wants to prevent the Respondent from entering the home whenunder the influence of alcohol or drugs. If the client wants theRespondent to stay away generally, paragraphs K/2 and L/3 should befilled in instead.
Remember to fill in the middle of page 4. One or more boxes should bechecked under “Additional Allegations for Emergency Orders Only”, and allProtected Persons should be listed on the lines under “Remedies Requested.”
Remember to ask your client about all possible remedies when preparing apetition. It is necessary to give the Respondent notice of the specificremedies requested before these remedies can be granted in a Plenary Orderof Protection.
Affidavit Content
Try to avoid general statements of client conclusion, such as ‘He harassedme.” Instead, be as specific as possible about the abuse. If your client
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remembers a specific threat that was made, or has received an insult in a text message, include that detail in the affidavit.
If the client does not have personal knowledge of a fact, write that “Oninformation or belief…”
If your client draws a conclusion from the set of circumstances that you feel isimportant to state, explain why he or she came to that conclusion. Forexample, “The Respondent sent me a text messages at approximately 10:30p.m., saying ‘That’s what you get’. When I went to my car the followingmorning at approximately 7:30 a.m., I noticed that all four tires were flat. Ilater learned from my mechanic they had been punctured. Based on thisinformation, I believe the Respondent punctured my car tires.”
Affidavit Organization Tips
Differentiate the abusive behavior from the other information contained inthe affidavit (relationship of parties, minor children, etc.) using letters ornumbers.
Use letters or numbers to keep each incident separate.
List the most recent incident first.
Summary paragraphs can be used to give an overview of ongoing abuse.
Emergencies It is important to stress the emergency nature of the case in your affidavit and at the ex parte hearing. Judges define an “emergency” differently. A particular judge may require that an incident of abuse have occurred within the previous week, or even the previous few days in order to find that there is an emergency and enter an Emergency Order of Protection. The judge may also consider the severity of the abuse.
During your interview, be sure to ask your client why he or she came to courton this particular day to obtain an Order of Protection. It may also be helpfulto ask the last time your client has seen or spoken with the Respondent. Theclient may not have mentioned recent or ongoing stalking or harassment as aseparate incident of abuse.
If there is no recent abuse of any sort, you may want to ask your client whatcaused the delay in coming to court. Has he or she had issues taking off ofwork or arranging child care? Does the abuse follow a pattern (such asoccurring every weekend)? Is there something that is about to change in thePetitioner’s life which may increase the amount of danger to herself or herchildren? Make sure to include this explanation in the affidavit and highlight itin court, even if the Judge does the preliminary questioning.
It may be helpful to discuss possible outcomes with your client before the exparte hearing, especially if there has not been recent abuse. The judge maynot grant an Emergency Order of Protection, but continue the case for ahearing on the petition after the Respondent has been served. In rarecircumstances, the judge may deny the Petition altogether.
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o If this occurs, your client may feel she will be in greater danger whenthe Respondent is served with her Petition for an Order of Protectionthan she is now. You can ask to withdraw the petition and for the caseto be dismissed. If this request is granted, there will be no furthercourt dates and the Respondent will not be served.
Establishing paternity A father can establish legal paternity of his children in several ways. According to the Illinois Parentage Act of 1984, paternity is presumed if a man and woman were married at the time a child was born or conceived. If the parents were not married, a Voluntary Acknowledgement of Paternity (VAP) can be signed by both parents. A VAP is often signed in the hospital shortly after the birth of a child. Parentage can also be adjudicated in a court case. Finally, administrative determinations of paternity occur through the IL Public Aid Act.
According to Vital Records Act, a father’s name will not be put on birth certificate when mother was not married to father during birth or conception of child, unless VAP is signed (eff. 1996). This means that, unless a child is currently 17 years old, paternity has been established if the father’s name is on the child’s birth certificate.
Locating a Respondent in Jail To determine if the Respondent is currently incarcerated, go to VineLink: https://www.vinelink.com and search for the Respondent.
If the Respondent may be held in Cook County Jail, you can also use the “Search for Inmate/Visitation Information” link on the Cook County Sheriff’s website (http://www.cookcountysheriff.com/) or call 773‐869‐5245 for inmate information.
Court Representation You can sit at counsel table in the courtroom. When your case is called, immediately identify yourself, mention your firm name, and explain you are “representing” or “attorney for” the Petitioner. Once your client has been sworn in, ask “May I proceed?” to indicate to the judge that you do wish to question your client.
It is not necessary to file an “Appearance” when you initiate a court action, such as filing a Petition for Order of Protection. You will be listed as the attorney of record. However, all other attorneys who represent either party must (i.e., Respondent’s counsel, substitute counsel). Therefore, judges and clerks sometimes associate filing an appearance with representation.
Exclusive Possession If your client has been granted exclusive possession of the residence and needs to have the Respondent removed from their shared residence:
1) Make an extra copy of the EOP for your client
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2) Instruct your client to go to the police station nearest to the residence,notify police of the Order of Protection, and ask for the Respondent to be removed from the residence. As individual police departments may have different procedures your client should be prepared to follow police department instructions. 3) Police will accompany Petitioner to the residence and police officers willremove the Respondent from the home. 4) Your client should ask the office to perform “Short Form Notification” andgive her a copy.
Enforcement It is important that your client understand how to enforce their order of protection. They should be informed of the following:
1. IF THERE IS A VIOLATION OF THE ORDER, CALL THE POLICE. Let the policeknow they have an Order of Protection, and that the Respondent is violatingor has violated the Order of Protection.
2. If the Respondent is there when the police arrive, it is possible that theRespondent will be arrested and charged with violating the order ofprotection. If the Respondent is not arrested, the client can file a policereport against the Respondent for violating the Order of Protection. Theclient should request a copy of the police report if the officer does not giveone them. If the police do not arrive at the scene of the incident after theclient has called them, he or she can go to the nearest police station and file apolice report.
3. In order to pursue criminal charges against the Respondent, the client musttake this report to the State’s Attorney’s office located at 555 .W Harrison toinquire about pressing charges for the violation of the Order of Protection.The State’s Attorneys office is responsible for evaluating the case anddetermining if charges will be pressed.
4. If the Respondent has NOT yet been served with the Order of Protection, thepolice might not arrest him. However, if the Respondent is still present, thepolice may NOTIFY him of the Order, which may include giving him a copy ofthe Order of Protection or letting him know what is on it. If the police givethe Respondent notice of the Order, request a police report from the officerthat states “NOTICE OF ORDER OF PROTECTION.” The officer may also givethe Respondent “Short Form Notification,” which is preferable to a policereport. If the officer does this, the client should obtain ask for a copy of thisform.
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Service of Process under the Illinois Domestic Violence Act Before a client can seek a Plenary Order of Protection, the Respondent must be served with process, meaning formally receive notice of the pending court action. Acceptable methods of service of process for Order of Protection cases are enumerated in the Illinois Domestic Violence Act (750 ILCS 60/210):
Personal service The most common method of service of process is personal service. Personal service occurs when the Respondent is personally handed copies of the Summons and Petition with attached Affidavit. If applicable, the Emergency Order of Protection is served at the same time. Some form of proof of this service is executed. Usually an Affidavit of Service is returned to the Clerk’s Office, but sometimes a proof of service is entered in another court case.
All remedies requested in the Petition for Order of Protection are available when there has been personal service. Orders of Protection are also easily enforceable in these cases.
Personal service can be executed in the following ways: 1. Cook County Sheriff2. Law enforcement3. Special process server4. In connection with another case (criminal or civil)
Constructive notice When personal service cannot be obtained upon a Respondent, the Respondent can be served constructively. The Petitioner must first make “all reasonable efforts” to achieve personal service, and Petitioner must file an affidavit (or give sworn testimony) stating the same. Most judges require 2 or more personal service attempts before they will permit constructive notice.
Constructive service allows for all remedies EXCEPT: 4, 12, 13, & 16 to be granted at the plenary hearing stage. It may be difficult to enforce Orders entered in these cases, as it is difficult to demonstrate the Respondent knowingly violated the Order as required for prosecution under 750 ILCS 60/223.
Constructive notice can be achieved by: 1. Service by publication2. Service on a member of Respondent’s household
First Attempt at Service of Process In most cases, the Cook County Sheriff will personally serve the Respondent. Order of Protection cases are expedited by the Sheriff’s Office and respondents may be served within a few days.
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1) Cook County Sheriff ServiceIf the Respondent’s address for service is in Cook County, Illinois, the clerk will assemble documents for delivery to the Cook County Sheriff’s Office. This will occur without further action by the Petitioner. The Sheriff’s Office will then make several attempts to serve the Respondent before returning an “Affidavit of Service” to the Clerk’s Office.
Prior to next court date: Contact the Sheriff’s Office at 312‐603‐3376 or check the “Civil Process Service Lookup” on their website (http://www.cookcountysheriff.com/) to ask if service has occurred. If so, proof of service should be in the court case file prior to the next court date. If you arrive at court and the clerk is not aware that service has occurred, call the Sheriff and ask that this information be faxed to DVLC (312‐325‐9169) ASAP.
2) Out of County Sheriff ServiceIf the Respondent’s address falls outside of Cook County, you will be responsible for contacting the Sheriff’s Office in the appropriate county and arranging for service of process. You will need to send copies of court documents and information about the address for service. Most likely, the Sheriff will request the following: 2 copies of Order, 1 copy of the Petition and attached Affidavit, 3 copies of the Summons (stamped by the Cook County Clerk), and 1 Sheriff’s Information Sheet. Request copies of the Affidavit of Service be sent to BOTH : 1) Your office, and 2) Clerk of the Circuit Court. Please note: In Illinois, there is NO FEE for service by sheriffs in Order of Protection cases (750 ILCS 60/202)
Prior to next court date: Contact the relevant Sheriff’s Office to ask if service has occurred. If so, obtain a copy of the Affidavit of Service and bring it to the next court date.
Continued Attempts at Service of Process If the Respondent has not been served by the next court date, speak with your client to determine if there is another (or corrected) address at which attempts can be made to serve the Respondent.
It is NOT necessary to file a motion prior to the next court date in order to request alternative methods for service of process. You can ask that the Order of Protection be extended to allow for service of process and exercise one of the methods described below. A Disposition Order should be filled out appropriately and entered, as well as any other required documents.
Although you may learn that a Respondent has not been served prior to an upcoming court date, it is important that your client come to court regardless. The Respondent may learn of the court date through mutual friends and come to court. The matter is technically set for hearing, and therefore may proceed as scheduled. If the Petitioner
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is not present, the Judge may dismiss the Order whether the Respondent has been served or not. Judges have very different opinions regarding when Petitioners personally need to be present in court in Order of Protection cases.
Alias Summons Through the issuance of an Alias Summons a sheriff can be sent to the same address or a new one to make additional attempts to personally serve the Respondent. After court, you can fill out an Alias Summons form and new Sheriff’s Information Sheet at the Clerk’s Office and they will send it to the Cook County Sheriff, or follow the instructions for out of county service (above).
Special Process Server A special process server is a private citizen hired to do the same job as the Sheriff – personally serve the Respondent and execute an Affidavit of Service. There will be a fee for this service. You will need to prepare a Motion for Appointment of Special Process Server, which includes an Order. It is necessary to have the process server’s contact information prior to court, as this information must be included in the Motion and Order. Send a copy of the Motion and Order with copies of all other court documents to the special process server. You should receive an Affidavit of Service and bring it to court.
In Connection with a Civil or Criminal Case This service method can be used if there is a pending criminal case between the parties at 555 W. Harrison. You must copy all case paperwork and prepare an “Order of Protection Proof of Service in Open Court”, then bring it to the Respondent’s criminal court date and ask the Assistant State’s Attorney to serve the Respondent. You must obtain a copy of the Proof of Service and bring it to court.
Service by Publication (735 ILCS 5/2‐206) Prepare an Affidavit for Service by Publication. An Order for Publication must also be prepared (the clerk may have one already prepared in the court file). Fax these documents to the Chicago Daily Law Bulletin at 312‐416‐0045. A notice will be published in the Chicago Daily Law Bulletin and the clerk will mail a copy to the Respondent at their current or last known address. A copy of the notice will be sent to your office and include a default date. Once this date has passed, the Respondent can be held in default and a Plenary Order of Protection entered. It will be necessary to come in to court and extend the Order to allow for service by publication. You can ask that your client be excused from court and note this in the Disposition Order.
There is a fee for service by publication. To avoid having your client pay this fee, you can ask the Judge to waive their fees when you request service by publication. The Judge will need your client to testify about their income. It may be helpful to explain that you are representing your client on a pro bono basis. The Judge may ask that your client file a "298 Petition" (form petition seeking court fees be waived). In the alternative, legal aid organizations and volunteers in pro bono cases can file a
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Certification of Civil Legal Services Provider ("CLSP") for qualifying clients. Filing a C.L.S.P. serves as an automatic waiver for all court fees.
Return Dates Arrive in your assigned courtroom by the assigned time (9:00 a.m., 10:30, etc.) The courtroom will be listed on the bottom of your client’s Order. Find the line number (usually highlighted) on the sheet outside the courtroom. The line number should be to the left of the case name. Go up to the clerk and ask for the Disposition Order for your line number.
Blank Plenary Orders of Protection and Disposition Orders should be available in the courtroom. You may also obtain copies of various court forms on the Cook County Clerk’s website: http://www.cookcountyclerkofcourt.org/?section=FormsPage. Disposition Orders will often be partially prepared for each case in advance and available from the clerk. Fill them out as appropriate (See sample Disposition Order and Plenary Order of Protection), making sure to include your firm’s information on the bottom of the (last page of) the order.
If the Respondent HAS been served and IS present:
You may be able to reach an agreement with the Respondent and enter anAgreed Plenary Order of Protection. If an agreement has been reached, adraft order should be prepared, marked as “Agreed”, and signed by bothparties. When you step up, the judge may want to review the order or mayask you to “publish” the order or “read it into the record”, meaning specifythe provisions contained in the order. For enforcement purposes, reading itinto the record is preferable.
The case may be continued to allow the Respondent to obtain an attorney, toaccommodate the judge’s hearing schedule, or to allow you time to preparefor hearing. A Disposition Order should be filled out and entered. Rememberto extend the Emergency Order or Protection, if there is one, in addition tosetting the next court date. A sample order can be found in the trainingmaterials.
You may proceed to a contested plenary hearing.
If the Respondent has NOT been served and IS present:
This is unlikely to occur unless the client has had some contact with theRespondent or mutual contacts about the case and court date.
The Respondent can be served in open court. The case will proceed asexplained above.
If the Respondent HAS been served and is NOT present:
You may proceed to a default prove up. A draft Plenary Order of Protectionshould be prepared, marked as “Default”, and reviewed by the client. Whenyou step up, ask the client the attached “Default Questions” .
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If the Respondent has NOT been served and is NOT present:
You may request an alias summons issue or, if problems persist, servicethrough other methods.
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Default Questions for Plenary Order of Protection
1. Could you please state your name for the record?
2. Are you the petitioner in this action?
3. Do you recall coming to court on ___________(date) and filing a petition fororder of protection and an accompanying affidavit?
4. At the time you filed the petition and affidavit was everything true and correct?
5. Is everything in the petition and affidavit still true and correct today?
6. Has there been any material change in your circumstances since you obtained anemergency order of protection?
7. Do you still feel you need an Order of Protection?
8. Have you had any contact with the Respondent since you obtained the EOP?If Yes:When?What kind of contact?What happened?
Thank you Your Honor, nothing further.
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Model Script for Plenary Order of Protection
Your honor, my name is_____________, of ___________________ (firm), counsel on behalf of the Petitioner, _____________________. This matter is before the court on a contested plenary order of protection. The matter is set for hearing today and we are ready to proceed.
THE CLERK WILL SWEAR THE WITNESS
Oral Motion to Exclude Witnesses (If witnesses beside P +R and not automatically done by judge)
TESTIMONY OF PETITIONER
Background information 1. Could you please state your name for the record?
2. What is your address?
3. What is your relationship with the respondent?
4. Do you have any children?
5. Could you please state their names and ages?
6. Is the respondent the biological father to your children?
7. Has paternity been legally established?
8. Where do your children currently live?
9. Are you currently employed?
10. Where do you work?
11. How long did you and the respondent have a relationship?
12. Did you and the respondent ever live together?
13. What was the address of the shared residence?
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14. When did you and the respondent separate?
15. Who moved out?
Incidents (non‐leading questions) 1. Directing your attention to ____________________, did you see the
respondent on that date?
2. Approximately what time did this occur?
3. Where were you?
4. Who was there?
5. What happened?
6. Where did he hit you?
7. How did he hit you?
8. Did that cause you pain?
9. What happened after that?
10. How did that make you feel?
Stalking1. Turning your attention to the time period between ___________________, did
you have occasion to see the respondent?
2. In what circumstances did you see the respondent?
3. What, if anything, did he say to you?
4. What day was this?
5. Approximately what time was this?
6. Where were you?
7. Was anyone else there?
8. What happened?
9. What did you understand that to mean?
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10. How did that make you feel?
Advanced issues (use questions as applicable)
Child snatching 1. Has the Respondent ever threatened to take your children from you?
2. When did this occur?
3. What did the Respondent say to you?
Exclusive possession of shared residence 1. Are you asking for exclusive possession of the residence?
2. Whose name is on the lease or deed of your residence?If both names are on the lease/deed, you will have to balance the hardships.
3. Does the Respondent have family or friends in the area with whom he canstay?
4. Do you have any family or friends in the area with whom you can stay?
5. Do your children attend school/daycare?a) How do they get to school/daycare?b) Is the school/daycare close to your residence?
6. Are you employed?a) Is your place of employment close to your residence?
7. Is the Respondent employed?a) Is the Respondent’s place of employment close to your residence?
Physical care/possession 1. Are you seeking physical care of your children?
2. Are you primarily responsible for taking care of your children?a) Who takes the children to the doctor?b) Who makes meals for the children?c) Who dresses the children?d) Who puts the children to bed?
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Conclusion1. Are you afraid of the respondent?
2. Are you afraid that if you did not have an Order of Protection, the respondentwould continue to engage in this type of abusive behavior?
Order 1. Are you asking that this court enter a two‐year Plenary Order of Protection?
2. Are you asking that your children, _______________, be parties to this order?
3. Are you asking that other members of your household be protected parties?(Continue through the rest of the boxes marked off on the order.)
R’s Cross‐ Examination Redirect
TESTIMONY OF ADDITIONAL WITNESSES FOR THE PETITIONER R’s Cross‐ Examination Redirect
PETITIONER RESTS R may make motion for a Directed Verdict at this point.
TESTIMONY OF THE RESPONDENT Cross‐examination
TESTIMONY OF ADDITIONAL WITNESSES FOR THE RESPONDENT Cross‐examination
CLOSING
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PRO BONO PROJECT Exclusive Possession of a Residence
If your client has been granted exclusive possession of a residence she shares with the Respondent, she can have the Respondent removed from their shared residence immediately by the police. She does not need to wait for the Respondent to be served with process in this case.
Follow these instructions after court:
1) Make an extra copy of the Emergency Order of Protection for your client.
2) Instruct your client to go to the police station nearest to the residence,notify police of the Order of Protection, and ask for the Respondent to be removed from the residence. As individual police departments may have different procedures, your client should be prepared to follow police department instructions.
3) Police will accompany the Petitioner to the residence or arrange to meether nearby. Police officers will notify the Respondent of the Order of Protection and remove him from the home.
4) Your client should ask the police for some proof that they notified theRespondent of the Order. They may provide a “short form notification” form or a police report. Your client should keep these with her Order, as they may be helpful in enforcing the Order of Protection.
5) Although the police may informally notify the Respondent of the Order ofProtection during this process, this does not constitute service of process. The Sheriff will still attempt to serve the Respondent at the address listed on the Summons. The Respondent may also come to court based on the information received from the police.
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PRO BONO PROJECT CHILD SUPPORT
Once legal paternity has been established, a non-custodial parent is obligated to pay child support in accordance with relevant statutory guidelines in the Illinois Marriage and Dissolution of Marriage Act(750 ILCS 5/505). The statute provides, in part:
(1) The Court shall determine the minimum amount of support by using the following guidelines:
Number of Children Percent of Supporting Party's Net Income
1 20%2 28%3 32%4 40%5 45%
6 or more 50%
(3) "Net income" is defined as the total of all income from all sources, minus the following deductions:
(a) Federal income tax (properly calculated withholding or estimated payments);
(b) State income tax (properly calculated withholding or estimated payments);
(c) Social Security (FICA payments); (d) Mandatory retirement contributions required by law or as a condition of employment;(e) Union dues; (f) Dependent and individual health/hospitalization insurance premiums;(g) Prior obligations of support or maintenance actually paid pursuant to a court order;(h) Expenditures for repayment of debts that
represent reasonable and necessary expenses for the production of income, medical expenditures necessary to preserve life or health, reasonable expenditures for the benefit of the child and the other parent, exclusive of gifts. The court shall reduce net income in determining the minimum amount of support to be ordered only for the period that such payments are due and shall enter an order containing provisions for its self-executing modification upon termination of such payment period;
(i) Foster care payments paid by the Department
of Children and Family Services for providing licensed foster care to a foster child.
Before child support is ordered, the Respondent must be personally served or must appear in court. Child support can be ordered in paragraph 12 of the Plenary Order, or a separate Uniform Support Order (USO) can be entered. A USO is beneficial because a Notice for Withholding can then be sent to the Respondent’s employer requiring payments to be taken directly from his paycheck.
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PRO BONO PROJECT Return of Child Procedures
The Court has the ability to order minor children be returned to the physical care of “a parent or loco parentis” in an Order of Protection. This remedy should be requested when the Respondent has removed the children from the Petitioner’s care and/or refused to return them to the Petitioner.
The Petition for Order of Protection and Emergency Order of Protection must include specific provisions for a child to be returned to a Petitioner. In addition to requesting all other applicable relief:
- Check the first box under remedy 5) b) on both the Petition and Order. Fill in to state the Respondent should return the minor children (list names and dates of birth) to the Petitioner.
- Check paragraph’s Z and 17 on the Petition and paragraph 17 on the Order and write, “The [insert county name] Sheriff, and/or the [insert city name] Police Department and all local law enforcement officials shall assist Petitioner in recovering the minor children from the Respondent or any other individual, school, or agency and return said children to Petitioner.”
Additionally, the Petitioner should obtain the assistance of the Sheriff to retrieve the children. The Petitioner should proceed immediately to the address listed below and ask for Sergeant Graf or Assistant Chief Henrichs. It is also advisable to contact the Sheriff to inform them the Petitioner is on the way if the Petitioner will arrive later than (or shortly before) 4:30 p.m.
Cook County Sheriff Civil Process Unit Daley Center 50 W. Washington, Room 701 Chicago, IL 60602 312-603-4919
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Visitation Checklist for Cases Involving Domestic Violence
Consider whether visitation will be:
o Unrestrictedo Supervised or otherwise restrictedo Suspended or denied
Create safe exchanges of children at visitation time which mayinclude exchanges at:
o Curb side (i.e. no contact between parties)o Police stationso Public places such as McDonaldso Churcheso Visitation centers
Identify cell phone or contact number for confirmation ofvisitations, or for emergencies
Restrictions to Consider:
o No alcohol or illegal substances before/during visitationo No driving with minor children if drinking or drug problems
are presento Participation and/or completion of services as a condition of
visitation: Anger management Individual counseling Batterer’s intervention program Drug/alcohol assessment or treatment
o Gradually lengthening visits with short‐daytime visits at theoutset
o If removal is threatened: Escrow passports Set a bond
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If visits are to be supervised:
o Identify who will supervise: Lay supervisor such as family member, friend, pastor Professional supervisor Therapeutic supervisor Visitation center
o Specify length of visitso Identify who pays for fee based serviceso Specify consequences of tardiness or failure to appear by
either parento Specify reporting requirements of supervisor, if any
Hon. Nancy J. Katz May, 2005
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Supervised Visitation
What is supervised visitation?
Supervised visitation is an arrangement in which a third party is present during a parent’s time with
his or her child(ren) in order to provide for the safe access of the child(ren) to family members and
protection for the adult victim/parents.
In some situations, the presence of a third party only at the point of the child’s transfer from one
parent to another parent protects the participants sufficiently and this is called supervised exchange.
How is supervision instituted?
A judge may order supervised visitation when he or she feels that it is in the child’s best
interest that parental contact be supervised or that one or both parents’ safety needs
protection.
Parties may agree, either on their own, through attorney negotiation, or in mediation, that it
is wise to implement supervision for the sake of their child(ren). Such an agreement would
also be signed by the judge in the form of an agreed court order.
Parents on their own or with the assistance of their attorneys then make arrangements with
the supervisor according to the provision f of their agreement or court order.
What characteristics does a qualified supervisor have?
Interest in the welfare of both the child and each parent
Respect for the relationship of the child with each parent
Commitment to a successful visit
Accepted and respected by both parents and the child
Fluent in the languages which may be used during the visit
Knowledgeable of appropriate child care procedures
Able to recognize inappropriate behavior, stop the inappropriate behavior, and terminate
visits when necessary.
Who serves as the supervisor?
A relative, friend of the family, private professional, public or private agency, trained
supervisor, or religious resource
What is the role of the supervisor?
To observe the interaction between child and parent
To assure that conversations and interactions are safe and appropriate
To foster as natural a relationship as possible between parent and child
To follow guidelines and expectation set by the parents and/or the court
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