Dupage Orders of Protection
Sometimes, an order of protection can be issued in another state. After an order has been filed by a court in a different state other than where the victim lives, the person has the right to file another order in a different location if there is a concern that enforcement is needed in that area as well. The foreign order is treated in a similar manner as the current order. However, the foreign order typically isn’t mailed to the respondent. The foreign order is filed with the proper law enforcement officials so that there is a copy on hand in the event that it is needed.
Residence in the state or in the area where the foreign filing occurred isn’t a requirement for the order to be valid. There is no fee to file a foreign order. After receiving the order, the proper authorities are notified as to who the respondent is and the terms of the order.
A respondent may be served with a foreign order of protection by any member of law enforcement or a member of the court. Law enforcement has the right to investigate any concerns of a violation of the order as well as any allegations that are given in order to determine if any charges need to be filed. There are certain details that need to be included in a short form notification, such as the name of the respondent, the date of birth if it’s known at the time, and the name of the petitioner. If there are any other parties protected by the order, they must be included on the form as well. A hearing date, the location of the hearing, and all of the conditions that the respondent must abide by are to be included on the form.
There are details on the short notice that must be in bold print. These include that the order is enforceable. The details of the form are available to law enforcement. An arrest can be made if there is any violation of the details that are listed in the order. The same form can be used for orders of protection as well as no stalking or no contact orders.
If there is any violation of the order, then it will be enforced by law enforcement. In the event that the violation is considered a contempt of court, it could be seen as a civil and a criminal issue. Proper remedies are put in place if a violation occurs which could include time in jail or probation.