HunterThinks.com

The best-laid plans of mice and men go oft awry

Posted: 03 Desember 2014
Updated: 16 Desember 2017

Minagting vir privaat dwing OOP, CNCO

  1. Victims need private enforcement
    1. Prosecutors do not allocate enough resources
    2. Prosecutors have different goals than victims
  2. Scope of article
    1. Illinois law
    2. OOP
    3. CNCO
    4. No stalking orders
    5. Not TRO or injunctions (but has a lot of overlap)
    6. Basics of getting a judgment for attorneys fees and collecting those fees (9% per annum rule)
  3. Remedies
    1. Civil contempt
      1. Procedure (especially for starting)
      2. Burden of proof
      3. What the court can order
    2. Criminal contempt
      1. Procedure (especially for starting)
      2. Burden of proof
      3. What the court can order
        1. Fines
        2. Jail
        3. “Anything else in the penal code”
      4. Relationship to the State’s Attorney
        1. What if SA brings criminal charges based on the same act
        2. Can the SA take over the case
      5. Is it necessary to be appointed as a special prosecutor? Always?
    3. Sanctions, especially against pro se defendants, for bad pleadings
  4. Appeals
    1. What can be appealed
    2. When can it be appealed
    3. Who can appeal it (bv, who can sue when defendant is not paying attorney fees)
    4. Case law