Under new Illinois law an alleged victim of non-consensual sexual conduct or penetration may now petition the court for a civil no contact order. If the order is granted the respondent is not only restrained from contact with the accuser but also subject to any relief the petitioner can convince the court is needed for protection.
John Yetter of the law form of Brucar & Yetter explained the details of the petition. “They are quite like standard Orders of Protection in that they can be filed and granted on an emergency basis without the presence of the accused. If the accused fails to respond, they can be extended for up to two years. So the procedure is simply copied from Orders of Protection.”
If the police fail to take a complaint of sexual abuse or assault or the State’s Attorney refuses to prosecute an alleged victim can seek a civil “stay away” order. Mr. Yetter maintains this is an important difference. “These orders are typically sought when criminal remedies aren’t available even when it is because of lack of evidence. While well intentioned, this law makes it very easy to destroy an innocent person’s life.”
No notice needs to be given to the alleged abuser for the initial hearing. The accusations made in the initial petition for relief do not need to be substantiated through evidence. If the allegations are not contested the emergency order enters and remains a permanent record which could significantly interfere with the accused’s life. If they do try to contest it time, energy and money will be expended and the risk of further legal proceedings against are always present when having to testify.
John Yetter is a criminal defense lawyer with the firm of Brucar & Yetter, P.C., which has offices in Wheaton, Rolling Meadows and St. Charles, Illinois. For more information about John Yetter, please visit his free website at brucarandyetter.com.
