Illinois General Assembly - Illinois Compiled Statutes

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750 ILCS 60/205

(750 ILCS 60/205) (from Ch. 40, par. 2312-5)

Sec. 205.

Application of rules of civil procedure; Domestic abuse
advocates.

(a) Any proceeding to obtain, modify, reopen or appeal an order of
protection, whether commenced alone or in conjunction with a civil or criminal
proceeding, shall be governed by the rules of civil procedure of this State.
The standard of proof in such a proceeding is proof by a preponderance of the
evidence, whether the proceeding is heard in criminal or civil court.  The Code
of Civil Procedure and Supreme Court and local court rules applicable to civil
proceedings, as now or hereafter amended, shall apply, except as otherwise
provided by this law.

(b) (1) In all circuit court proceedings under this Act, domestic abuse
advocates shall be allowed to attend and sit at counsel table and confer with
the victim, unless otherwise directed by the court.

(2) In criminal proceedings in circuit courts, domestic abuse advocates
shall be allowed to accompany the victim and confer with the victim,
unless otherwise directed by the court.

(3) Court administrators shall allow domestic abuse advocates to
assist victims of domestic violence in the preparation of petitions for
orders of protection.

(4) Domestic abuse advocates are not engaged in the unauthorized
practice of law when providing assistance of the types specified in this
subsection (b).

(Source: P.A. 87-1186; 87-1255; 88-45.)