GENERAL ORDER NO. 23 - Emergency Orders of Protection
A. The advanced computer application system (the "Order of Protection System") implemented January 12, 2000 in Branches 60, 61, 62 and 63 of the Domestic Violence Section of the First Municipal District is hereby implemented in the Domestic Violence Division. The Order of Protection System will expedite the preparation, printing, processing, transmission and service of complaints for domestic violence offenses, petitions for emergency orders of protection, warrants, summonses and emergency orders of protection as authorized pursuant to the Illinois Domestic Violence Act of 1986, as amended (750 ILCS 60/101 et seq.), the Code of Criminal Procedure of 1963, as amended (725 ILCS 100-1 et seq.) and Supreme Court Rule 101(a). This System will generate paper records of such documents suitable for filing, docketing and storage by the Office of the Clerk of the Circuit Court of Cook County (the "Clerk's Office") in the traditional manner, which records shall be fully accessible to all interested parties, attorneys and the general public.
B. Upon information provided and verified by a petitioner, the Order of Protection System will generate and print a petition for an emergency order of protection. A facsimile of the original petition signed by the petitioner will be presented to a judge assigned to hear such petitions. In the event a petition is granted based upon the specific facts set forth therein, the Order of Protection System will generate and print duplicate original emergency orders of protection each containing the granting judge's facsimile signature. Such signatures will be affixed thereto by the Order of Protection System only after the judge has entered a secure, personalized and unique judicial code maintained on said System.
C. Both of the duplicate original orders of protection will further contain a facsimile "entered" stamp of the Clerk's Office, also affixed thereto by the Order of Protection System only after the deputy clerk attending the judge granting an emergency protective order has similarly entered a secure, personalized and unique code maintained on said System. Said deputy clerk shall additionally cause the affixing of a facsimile "certification" seal of the Clerk's Office to one of the duplicate original orders of protection by use of that clerk's personal code as maintained on the Order of Protection System.
D. The duplicate original order of protection containing the facsimile judge's signature, and the facsimile "entered" stamp and "certification" seal of the Clerk's Office shall be immediately transmitted electronically through the Order of Protection System to and be printed at the Office of the Cook County Sheriff. This document shall be deemed a duplicate original consistent with the applicable provisions of the Illinois Domestic Violence Act of 1986, as amended and shall constitute compliance by the Clerk's Office with Section 222(b) of said Act (750 ILCS 60/222(b)). The Office of the Cook County Sheriff shall make a copy of said document, promptly serve the printed original upon the respondent as provided under Section 222(c) thereof (750 ILCS 60/222(c)), and make a timely return of the indorsed, duplicate copy of same thereunder in accordance with Supreme Court Rule 102(d).
E. All documents generated and printed by the Order of Protection System particularly those issued in connection with petitions for and the granting of emergency orders of protection, shall be maintained by the Clerk's Office in a manner consistent with its statutory obligations and responsibilities regarding the Court's official paper and facsimile documents, as most recently summarized in the Opinion of the Illinois Attorney General No. 99-018.
[Amended, effective April 19, 2010.]