22.4 Filing, Service and Assignment


(A) Filing and assignment
A petition for an order of protection not related to a criminal case shall be filed with the Clerk of the Circuit Court of Cook County, who will then randomly assign the case to a judge for hearing. A petition for an order of protection sought in conjunction with a criminal case may be filed only by the State=s Attorney pursuant to the Domestic Violence Act, the Stalking No Contact Order Act, or the Civil No Contact Order Act, as appropriate.

(B) Service
Service of petitions, motions and other papers shall be pursuant to the applicable law and court rules.

(C) Transfer of Cases
(1) When a petition for an independent order of protection is filed in the Domestic Violence
Division and there is a related case pending in the Domestic Relations Division, the order of protection case shall be transferred to the Domestic Relations Division by the judge to whom the case is assigned. The judge shall determine whether the transfer shall occur before or after a hearing on an emergency order of protection. When a petition for an independent order of protection is filed in the Domestic Violence Division prior to the filing of a related case in the Domestic Relations Division, the order of protection case shall be transferred to the Domestic Relations Division by the judge hearing the petition after a hearing on the emergency order of protection.
(2) A judge presiding over an independent order of protection case related to a case pending in the Domestic Relations Division may directly transfer the case to the Presiding Judge of the Domestic Relations Division for assignment. All other cases to be transferred shall be transferred to the Presiding Judge of the Domestic Violence Division for the purpose of transferring the case to another department, division or district.

(D) Reassignment of cases after disposition of criminal charges
Upon the nolle prosequi, dismissal without prejudice, or final disposition of criminal charges in a case pending in the Domestic Violence Division, cases containing the following may be transferred to the Presiding Judge for any further proceedings:
(1) unexpired order of protection entered in the same case,
(2) related independent order of protection, or
(3) unadjudicated petition for an order of protection.
Nothing contained herein precludes the judge who presided over the criminal case from entering an order of protection after disposition of the criminal charges, including an order continuing restrictions or conditions contained in the bail order.