ORDERS OF PROTECTION - SHORT FORM NOTIFICATION …

[Pages:5]ORDERS OF PROTECTION - SHORT FORM NOTIFICATION LEADS POLICY AND PROCEDURES

INTRODUCTION .........................................................................................................................1 PURPOSE .......................................................................................................................................1 SHORT FORM DISTRIBUTION.................................................................................................1 LEADS ADD-ON: CONFIRMATION SHORT FORM SERVED ..........................................2 ORA MODIFY LEADS RECORD TO CONFIRM ORDER SERVED TO RESPONDENT........................................................................................3 LEADS ADD-ON: FULL ORDER SERVED AFTER SHORT FORM USED FOR INITIAL SERVICE .......................................................3 NCIC (OUT-OF-STATE) ORDERS OF PROTECTION ..........................................................4 INITIAL ORDER OF PROTECTION ENTRY .........................................................................4 MIS FIELD DATA REQUIRED QUESTIONS ..................................................................................................................................4

ORDERS OF PROTECTION - SHORT FORM NOTIFICATION LEADS POLICY AND PROCEDURES

INTRODUCTION Pursuant to 725 ILCS 5/112A, Domestic Violence Orders of Protection, Section 22.10, Short Form Notification, effective January 2001, the Office of Illinois Attorney General is responsible for providing law enforcement agencies with copies of the Short Form Notification.

PURPOSE The purpose of the Short Form is to effectuate service of the Orders of Protection upon respondents during a traffic stop or other routine contact with law enforcement officers.

1. If a Respondent has not been served with the Order of Protection as indicated under Section 112A-22, a sheriff, other law enforcement official or special process server may serve a respondent with a Short Form Notification.

2. The Short Form should NOT be used to serve a Respondent in lieu of the Sheriff or special process server serving the Respondent with the original Order of Protection that is received from the Courts by the Sheriff's Office.

3. Upon verification of the identity of the Respondent and the existence of an unserved Order of Protection, law enforcement may detain the Respondent for a reasonable time necessary to complete and serve the Short Form.

4. Once the Short Form is served, the Order of Protection is enforceable. The Respondent must report to the office of the sheriff or circuit court, of the county that issued the order, to obtain a copy of the Full Order.

5. The Respondent may be subject to arrest and charged with a misdemeanor or felony, if they violate any terms of the Order of Protection.

NOTE:

It is not required that law enforcement issue a short form whenever encountering an unserved Respondent. However, the Illinois Supreme Court has been very strict about holding law enforcement agencies liable for failure to protect domestic violence victims with orders of protection. Therefore, it is recommended law enforcement agencies use the short form for service when encountering a Respondent who has not been served.

SHORT FORM DISTRIBUTION 1. The Short Form is a carbonless four-part form. A supply of these forms can be obtained by contacting

the Office of Illinois Attorney General at 1-888-414-7678.

2. When a law enforcement officer has contact with a Respondent and the LEADS entry indicates the Order of Protection has not been served (no data in date served [SRV] field), the officer will complete the Short Form Notification and provide a copy to:

White - Respondent Yellow - Agency File Pink and Goldenrod - Submit both copies to the Originating Authority Agency (ORA) of the LEADS Order of Protection record. ORA of the LEADS record is responsible for submitting the Goldenrod copy to Court Clerk.

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ORDERS OF PROTECTION - SHORT FORM NOTIFICATION LEADS POLICY AND PROCEDURES

NOTE: The back of each sheet identifies who that copy is distributed to and contains special instructions and information for those recipients.

3. A copy of the LEADS printout must NOT be provided to the Respondent. Only the white copy of the Short Form is authorized to be provided.

LEADS ADD-ON: CONFIRMATION SHORT FORM SERVED 1. Agencies who serve the Respondent with the Short Form are required to attach an Add-On to the master

record.

2. A LEADS Add-On must be attached immediately (at time of traffic stop/contact with Respondent) to

the Order of Protection master record by the officer/agency who served the Short Form to Respondent.

The Add-On must include:

a.

SFN - must be entered as the first three positions of the ADD ON field. SFN (Short Form

Notification) is required in order to search for LEADS records whereby the Short Form was

used for service and to facilitate processing of statistical data from LEADS.

b. "SERVED USING SHORT FORM"

c.

Date and Time Served

d. Officer Name and Badge Number

e.

Agency Name that served the Short Form - This may not always be the agency that is

attaching the Add-On, i.e., terminal agency entering for a non-terminal agency. The CDC

(LEADS Device ID) sent in the Add-On response to the ORA may not be the actual agency that

served the Short Form in this situation.

f.

Respondent's Address - The Respondent must report to the office of the sheriff or circuit court,

of the county that issued the order, to obtain a copy of the Full Order. The Full Order will

indicate details that are not provided on the Short Form. In some instances, failure to serve the

Full Order by the Sheriff's Office has not occurred due to incorrect or no current address for the

Respondent. Therefore, the Respondent's address should be obtained when the Short Form is

served and entered in the LEADS Add-On record to facilitate serving the Full Order to

Respondent.

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ORDERS OF PROTECTION - SHORT FORM NOTIFICATION LEADS POLICY AND PROCEDURES

Example LEADS Add-On Entry

3. T h e

LEADS Add-

On record will serve to notify other agencies who may receive a positive response that the order was

served using the Short Form and is enforceable.

4. When the Add-On is attached to the master record a response is received by the ORA which provides notification for the Date Served (SRV) field to be modified with the date Short Form was served to Respondent.

EXAMPLE Add-On Notification Received by ORA CHF 090204 1459 IZZ ADD ON TO C04E0488 BY PPP ON 090204 FOLLOWS LED.LDS/C04E0488.NAM/SIMPSON,JAMES A SFN SERVED USING SHORT FORM 090204 0900 JONES 3397 SHERMAN PD RESPONDENT ADDRESS - 2325 NORTH ELM, ELMHURST

ORA MODIFY LEADS RECORD TO CONFIRM ORDER SERVED TO RESPONDENT Upon notification being received that the Order of Protection was served using Short Form, ORA must modify the SRV field with the date, as indicated in Add-On record.

LEADS ADD-ON: FULL ORDER SERVED AFTER SHORT FORM USED FOR INITIAL SERVICE 1. When the Full Order is provided to Respondent after the Short Form was used to provide initial

notification as result of traffic stop/encounter, an Add-On must be attached to the master record.

2. The Add-On must be attached to the master record immediately after the Full Order has been served to Respondent. The Add-On must include:

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ORDERS OF PROTECTION - SHORT FORM NOTIFICATION LEADS POLICY AND PROCEDURES

a.

FOP - must be entered as the first three positions of the ADD ON field. FOP (Full Order

Protection) is required in order to search for LEADS records whereby the Full Order was served

AFTER the Short Form was used for service and to facilitate processing of statistical data from

LEADS.

b. "FULL ORDER SERVED"

c. Date and Time Served

d. Officer Name and Badge Number

e. Agency Name who served the Full Order - This may not always be the agency that is

attaching the Add-On, i.e., terminal agency entering for a non-terminal agency. The CDC

(LEADS Device ID) sent in the Add-On response to the ORA may not be the actual agency that

served the Short Form in this situation.

NCIC (OUT-OF-STATE) ORDERS OF PROTECTION 1. NCIC Orders of Protection DO NOT have a Date Served field to indicate if the Respondent has been

served the Order of Protection, the Short Form is an Illinois statute mandate only. Therefore, the Short Form should NOT be used for out-of-state/NCIC Orders of Protection.

2. The types of Orders of Protection issued and the information contained in the Court Order varies from state to state. Hits received from the NCIC Order of Protection File do not provide reasonable grounds to search, detain or arrest based solely on the record. If the suspect is in violation of the Order of Protection, a hit confirmation message should be sent to the originating agency to confirm the status and terms of the Order of Protection. Additionally, prior to enforcement action based solely on the out-ofstate Order of Protection, contact your local State's Attorney.

3. For additional policy and procedures regarding NCIC Orders of Protection, refer to LEADS Help File located on the LEADS 2000, LEADS Information site, LEADS Help File Index.

INITIAL ORDER OF PROTECTION ENTRY - MIS FIELD DATA REQUIRED 1. The following information is required on the Short Form. If there is no specific data field available on

the LEADS entry format, the information should be entered in the Miscellaneous (MIS) field upon initial entry of the LEADS Order of Protection record: a. Court file number - Data field is CCN (Court Case Number) on the LEADS entry format

b. Hearing date and time c. Name of Judge who signed order

2. LEADS agencies are not mandated to modify Order of Protection records previously entered with the above information. However, when the record is due for validation and still an active record, it should be modified to include this information.

QUESTIONS Short Form use, completion, notification or distribution: Office of Illinois Attorney General at 888414-7678. They can also provide the address of the issuing county required for the back of the respondent's copy, if unable to obtain this information elsewhere such as the LEADS Registry. LEADS Related: Your agency's area assigned ISP Field Specialist or the LEADS Help Desk at 1-866LEADS00 (532-3700).

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