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Restraining orders' language clearer
and more effective
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Language of domestic violence protection
orders must now mention their nationwide applicability and possibility of
federal charges
[AUG. 26, 2004]
SPRINGFIELD -- Aiming to
protect victims of domestic abuse, Gov. Rod Blagojevich signed
Senate Bill 2495 on Aug. 17, ensuring that Illinois' emergency
protection orders contain clear language that warn abusers of
possible harsh penalties. The bill states that Illinois' restraining
orders must contain language informing domestic abuse perpetrators
that the orders are valid in all 50 states. Abusers may also be
arraigned under federal charges for violating restraining orders
outside of Illinois.
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"I recognize the importance of
restraining orders as a way to protect victims of domestic abuse;
this bill will make those protection orders more effective," the
governor stated on Monday. "This new law is intended to act as a
strong deterrent to repeat abusers that are tempted to stalk and
harass victims outside of Illinois' borders."
Senate Bill 2495, sponsored by Sen.
John Cullerton, D-Chicago, and Rep. Harry Osterman, D-Chicago,
adds to existing emergency protection order legislation and works
in concert with the Federal Violence Against Women Act. The bill
passed the Illinois Senate and House of Representatives
unanimously.
"This legislation will make it clear
to all parties affected by an order of protection -- the protected
individual, the subject of the order and the law enforcement
community -- that such an order is enforceable in every state in
the nation," said Cullerton. "An order of protection is not
effective unless its terms are fully understood by the person it
is taken out against. This measure will leave no doubt about the
consequences of breaking those terms."
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this article]
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The bill applies to all three types of
protection orders: emergency, interim and plenary. Emergency orders
are often approved without an official hearing and are valid for two
to three weeks. Interim protection orders protect victims for a
period up to 30 days, while plenary orders can be valid for up to
two years.
Over 572,000
cases of domestic assault are reported to federal officials every
year, while experts estimate that between 2 million and 4 million
women are battered by family members annually.
[News release from the
governor's office]
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