740 ILCS 22/204
Application of rules of civil procedure; rape crisis advocates
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(740 ILCS 22/204)
Sec. 204.
Application of rules of civil procedure; rape crisis
advocates.
(a) Any proceeding to obtain, modify, reopen or appeal a civil no
contact order shall be governed by the rules of civil procedure
of this State. The standard of proof in such a proceeding is proof by a
preponderance of the evidence. The Code of Civil Procedure and Supreme
Court
and local court rules applicable to civil proceedings shall apply, except as
otherwise provided by this Act.
(b) In circuit courts, rape crisis
advocates shall be allowed to accompany the victim and confer with the
victim, unless otherwise directed by the court. Court administrators shall
allow rape crisis advocates to
assist victims of non-consensual sexual conduct or non-consensual sexual
penetration in the preparation of petitions for
civil no contact orders. Rape crisis advocates are not engaged in the
unauthorized
practice of law when providing assistance of the types specified in this
subsection (b). Communications between the petitioner and a rape crisis
advocate are protected by the confidentiality of statements made to rape crisis
personnel as provided for in Section 8-802.1 of the Code of Civil Procedure.
(Source: P.A. 93-236, eff. 1-1-04.)
Notes of Decisions
Cited in 5
cases (1 in the last 5 years), 2011–2023 · leading case: People v. Deleon
People v. Deleon (2020)
“The circuit court also held that the statute shifted the burden to defendant, in conflict with the Civil No Contact Order Act (740 ILCS 22/204, 215.5 (West 2018)). We now reverse the circuit court’s judgment.”
McClellan v. Hull (2023)
“740 ILCS 22/204 (West 2020). A preponderance of the evidence means that the evidence presented renders a fact more likely than not.”
J.M. v. Breseno (2011)
“The Act provides that, if “the court finds that the petitioner has been a victim of non-consensual sexual conduct or non-consensual sexual penetration, a civil no[-]contact order shall issue.”
JM v. Briseno (2011)
“The Act provides that, if "the court finds that the petitioner has been a victim of non-consensual sexual conduct or non-consensual sexual penetration, a civil no[-]contact order shall issue.”
McBride v. Peters (2020)
“740 ILCS 22/204(a) (West 2018). ¶ 13 The Act states that “[i]f the court finds that the petitioner has been a victim of non- consensual sexual conduct or non-consensual sexual penetration, a civil no contact order shall issue.”
— 740 ILCS 22/204(a) — 1 case
McBride v. Peters (2020)
“740 ILCS 22/204(a) (West 2018). ¶ 13 The Act states that “[i]f the court finds that the petitioner has been a victim of non- consensual sexual conduct or non-consensual sexual penetration, a civil no contact order shall issue.”
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