Summary
The Illinois Appellate Court, Fourth District, held that the trial court erred in reconsidering the transfer of a civil no contact order petition to criminal court under article 112A of the Code of Criminal Procedure. The court concluded that the prior entry of an emergency civil no contact order constituted prima facie evidence of a sexual offense under section 112A-11.5(a)(4), regardless of the respondent’s battery conviction. The judgment was reversed and remanded with directions, and the existing plenary civil no contact order was allowed to remain in effect unless superseded.
Topics
Practice areas
Questions Presented
- Whether the trial court erred in granting respondent's motion to reconsider the transfer of petitioner's civil no contact order petition to criminal court under article 112A.
- Whether the entry of a protective order in a separate civil case constituted prima facie evidence of a sexual offense under section 112A-11.5(a)(4) of the Illinois Code of Criminal Procedure.
Holdings
- The trial court erred in granting respondent's motion to reconsider the transfer of petitioner's civil no contact order petition to criminal court because petitioner presented prima facie evidence of a sexual offense.
- The court did not need to determine whether respondent's battery conviction independently qualified as a sexual offense because the previously entered protective order independently supplied prima facie evidence under section 112A-11.5(a)(4).
Key quotations
“Specifically, we hold that, under section 112A-11.5(a)(4) of the Procedure Code (725 ILCS 5/112A-11.5(a)(4) (West 2024)), petitioner made a prima facie showing respondent committed a sexual offense because the Winnebago County circuit court had previously entered a protective order—i.e., an emergency civil no contact order—in a separate civil case brought by petitioner against respondent.” (¶ 4)
“Our “primary objective” in statutory interpretation is to discern the intent of the legislature.” (¶ 25)
Factual background
Petitioner alleged that respondent forcibly hugged her, rubbed his erect penis against her, kissed and licked her, grabbed her arm, and attempted to push her into her home. The circuit court entered an emergency civil no contact order, and the State later charged respondent with battery based on the alleged physical contact; respondent pleaded guilty. The court initially transferred the civil no contact petition to criminal court under article 112A, but later granted reconsideration after respondent argued that battery was not a sexual offense.
Procedural history
The Winnebago County circuit court initially entered an emergency civil no contact order against respondent and later granted petitioner's motion to have the petition heard in criminal court under article 112A. After respondent pleaded guilty to misdemeanor battery, he moved for reconsideration, arguing that the battery conviction was not a sexual offense. The trial court granted reconsideration, but respondent agreed to entry of a two-year plenary civil no contact order. The appellate court reversed the reconsideration order and remanded with directions to transfer the amended petition back to criminal court.
Remand instructions
Transfer the amended petition back to criminal court and conduct further proceedings consistent with the opinion. The plenary civil no contact order entered on May 20, 2025, remains in effect under its terms unless and until superseded by further order of the Winnebago County circuit court.