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