Free CCG 0799 12-19-00 - Illinois

This Form is Page 4 of 4 of Emergency and Interim/Plenary Orders of Protection

(Rev. 1/06/05) CCG 0799
(This form replaces CCG-83-4 and CCG-96-4)

DEFINITIONS PURSUANT TO THE ILLINOIS DOMESTIC VIOLENCE ACT
1. "Petitioner" may mean not only the named petitioner for the order of protection and any named victim of abuse on whose behalf the petition is brought, but also any other person protected by this Act. 2. "Abuse" means physical abuse, harassment, intimidation of a dependent, interference with personal liberty or willful deprivation, but does not include reasonable direction of a minor child by a parent or person in loco parentis. 3. "Physical abuse" includes sexual abuse and means any of the following: (a) knowing or reckless use of physical force, confinement or restraint; (b) knowing, repeated and unnecessary sleep deprivation; or (c) knowing or reckless conduct which creates an immediate risk of physical harm. 4. "Harassment" means knowing conduct which is not necessary to accomplish a purpose that is reasonable under the circumstances; would cause a reasonable person emotional distress; and does cause emotional distress to the petitioner. Unless the presumption is rebutted by a preponderance of the evidence, the following type of conduct shall be presumed to cause emotional distress: (a) creating a disturbance at petitioner's place of employment or school; (b) repeatedly telephoning petitioner's place of employment, home, or residence; (c) repeatedly following petitioner about in a public place or places; (d) repeatedly keeping petitioner under surveillance by remaining present outside his or her home, school, place of employment, vehicle or other place occupied by petitioner or by peering in petitioner's windows; (e) improperly concealing a minor child from petitioner, repeatedly threatening to improperly remove a minor child of petitioner's from the jurisdiction or from the physical care of petitioner, repeatedly threatening to conceal a minor child from petitioner, or making a single such threat following an actual or attempted improper removal or concealment, unless respondent was fleeing an incident or pattern of domestic violence; (f) threatening physical force, confinement or restraint on one or more occasions. 5. "Interference with personal liberty" means committing or threatening physical abuse, harassment, intimidation or willful deprivation so as to compel another to engage in conduct from which she or he has a right to abstain or to refrain from conduct in which she or he has a right to engage. 6. "Stay Away" means for the respondent to refrain from both physical presence and nonphysical contact with the petitioner whether direct, indirect (including, but not limited to, telephone calls, mail, email, faxes, and written notes), or through third parties who may or may not know about the order of protection. 7. "Willful deprivation" means willfully denying a person who because of age, health or disability requires medication, medical care, shelter, accessible shelter or services, food, therapeutic device, or other physical assistance, and thereby exposing that person to the risk of physical, mental or emotional harm, except with regard to medical care or treatment when the dependent person has expressed an intent to forgo such medical care or treatment. This paragraph does not create any new affirmative duty to provide support to dependent persons. 8. "Intimidation of dependent" means subjecting a person who is dependent because of age, health or disability to participation in or the witnessing of: physical force against another or physical confinement or restraint of another which constitutes physical abuse as defined in this Act, regardless of whether the abused person is a family or household member. 9. "Exploitation" means the illegal, including tortious, use of a high-risk adult with disabilities or of the assets or resources of a high-risk adult with disabilities. Exploitation includes, but is not limited to, the misappropriation of assets or resources of a high-risk adult with disabilities by undue influence, by breach of a fiduciary relationship, by fraud, deception, or extortion, or the use of such assets or resources in a manner contrary to law. 10. "Neglect" means the failure to exercise that degree of care toward a high-risk adult with disabilities which a reasonable person would exercise under the circumstances and includes but is not limited to: (a) the failure to take reasonable steps to protect a high-risk adult with disabilities from acts of abuse; (b) the repeated, careless imposition of unreasonable confinement; (c) the failure to provide food, shelter, clothing, and personal hygiene to a high-risk adult with disabilities who requires such assistance; (d) the failure to provide medical and rehabilitative care for the physical and mental health needs of a high-risk adult with disabilities; or (e) the failure to protect a high-risk adult with disabilities from health and safety hazards. DOROTHY BROWN, CLERK OF THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
Case No. ______________________

(Rev. 12/19/00)(Spanish) CCG 0799

DOROTHY BROWN, CLERK OF THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS

(Rev. 12/19/00)(Polish) CCG 0799

DOROTHY BROWN, CLERK OF THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS