State of Illinois
92nd General Assembly
Legislation

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92_SB2269ham001

 










                                           LRB9215838REdvam01

 1                    AMENDMENT TO SENATE BILL 2269

 2        AMENDMENT NO.     .  Amend Senate Bill 2269 by  replacing
 3    the title with the following:
 4        "AN ACT concerning civil no contact orders."; and

 5    by  replacing  everything  after the enacting clause with the
 6    following:

 7                             "ARTICLE I
 8                         GENERAL PROVISIONS

 9        Section 101. Short title. This Act may be  cited  as  the
10    Civil No Contact Order Act.

11        Section   102.  Purpose.   Sexual  assault  is  the  most
12    heinous crime against another person short of murder.  Sexual
13    assault  inflicts  humiliation,  degradation,  and  terror on
14    victims. According to the FBI,  a  woman  is  raped  every  6
15    minutes  in the United States. Rape is recognized as the most
16    underreported crime; estimates suggest that only one in seven
17    rapes is reported to authorities. Victims who do  not  report
18    the  crime  still  desire  safety  and protection from future
19    interactions with the offender. Many cases in which the  rape
20    is  reported  are  never prosecuted. In these situations, the
 
                            -2-            LRB9215838REdvam01
 1    victim should be able to seek a simple civil remedy requiring
 2    only that the offender stay away from the victim.

 3        Section 103. Definitions. As used in this Act:
 4        "Abuse" means physical abuse, harassment, intimidation of
 5    a dependent, or interference with personal liberty.
 6        "Civil no contact order"  means  an  emergency  order  or
 7    plenary order granted under this Act, which includes a remedy
 8    authorized by Section 213 of this Act.
 9        "Non-consensual" means a lack of freely given agreement.
10        "Petitioner"  means  any  named  petitioner  for  the  no
11    contact  order  or  any named victim of non-consensual sexual
12    conduct or non-consensual sexual penetration on whose  behalf
13    the petition is brought.
14        "Sexual   conduct"   means  any  intentional  or  knowing
15    touching or fondling by the  petitioner  or  the  respondent,
16    either directly or through clothing, of the sex organs, anus,
17    or breast of the petitioner or the respondent, or any part of
18    the body of a child under 13 years of age, or any transfer or
19    transmission  of semen by the respondent upon any part of the
20    clothed or unclothed body of the petitioner, for the  purpose
21    of  sexual  gratification or arousal of the petitioner or the
22    respondent.
23        "Sexual penetration" means any contact,  however  slight,
24    between the sex organ or anus of one person by an object, the
25    sex organ, mouth or anus of another person, or any intrusion,
26    however  slight,  of any part of the body of one person or of
27    any animal or object into the sex organ or  anus  of  another
28    person, including but not limited to cunnilingus, fellatio or
29    anal  penetration.  Evidence  of  emission  of  semen  is not
30    required to prove sexual penetration.

31                             ARTICLE II
32                       CIVIL NO CONTACT ORDERS
 
                            -3-            LRB9215838REdvam01
 1        Section 201. Persons protected by this  Act.  A  petition
 2    for a civil no contact order may be filed:
 3             (1)  by any person who is a victim of non-consensual
 4        sexual  conduct  or  non-consensual  sexual  penetration,
 5        including  a  single  incident  of  non-consensual sexual
 6        conduct or non-consensual sexual penetration; or
 7             (2)  by a person on behalf of a minor  child  or  an
 8        adult who is a victim of non-consensual sexual conduct or
 9        non-consensual  sexual  penetration  but, because of age,
10        disability, health, or inaccessibility, cannot  file  the
11        petition.

12        Section 202. Commencement of action; filing fees.
13        (a)  An  action for a civil no contact order is commenced
14    by filing a petition for a civil  no  contact  order  in  any
15    civil  court,  unless specific courts are designated by local
16    rule or order.
17        (b)  No fee shall be charged by the clerk  of  the  court
18    for  filing  petitions  or certifying orders. No fee shall be
19    charged by the sheriff  for  service  by  the  sheriff  of  a
20    petition, rule, motion, or order in an action commenced under
21    this Section.
22        (c)  The  court  shall provide, through the office of the
23    clerk of the court, simplified forms and clerical  assistance
24    to  help with the writing and filing of a petition under this
25    Section by any person not represented by counsel.

26        Section 203. Pleading; non-disclosure of address.
27        (a)  A petition for a civil no contact order shall be  in
28    writing  and  verified  or accompanied by affidavit and shall
29    allege  that  the  petitioner  has   been   the   victim   of
30    non-consensual   sexual   conduct  or  non-consensual  sexual
31    penetration by the respondent.
32        (b)  If  the  petition  states  that  disclosure  of  the
 
                            -4-            LRB9215838REdvam01
 1    petitioner's address would risk abuse of  the  petitioner  or
 2    any  member  of  the  petitioner's  family or household, that
 3    address may be omitted from  all  documents  filed  with  the
 4    court.  If  the petitioner has not disclosed an address under
 5    this  subsection,   the   petitioner   shall   designate   an
 6    alternative  address at which the respondent may serve notice
 7    of any motions.

 8        Section 204. Application of  rules  of  civil  procedure;
 9    rape crisis advocates.
10        (a)  Any proceeding to obtain, modify, reopen or appeal a
11    civil  no  contact  order  shall  be governed by the rules of
12    civil procedure of this State. The standard of proof in  such
13    a proceeding is proof by a preponderance of the evidence. The
14    Code  of  Civil  Procedure  and Supreme Court and local court
15    rules applicable to civil proceedings shall apply, except  as
16    otherwise provided by this Act.
17        (b)  In  circuit  courts,  rape crisis advocates shall be
18    allowed to accompany the victim and confer with  the  victim,
19    unless  otherwise directed by the court. Court administrators
20    shall allow  rape  crisis  advocates  to  assist  victims  of
21    non-consensual   sexual   conduct  or  non-consensual  sexual
22    penetration in the preparation  of  petitions  for  civil  no
23    contact  orders. Rape crisis advocates are not engaged in the
24    unauthorized practice of law when providing assistance of the
25    types specified in this subsection (b).

26        Section 205. Subject matter  jurisdiction.  Each  of  the
27    circuit  courts  has  the  power  to  issue  civil no contact
28    orders.

29        Section 206. Jurisdiction over  persons.  The  courts  of
30    this  State have jurisdiction to bind (1) State residents and
31    (2) non-residents having minimum contacts with this State, to
 
                            -5-            LRB9215838REdvam01
 1    the extent permitted by the long-arm statute,  Section  2-209
 2    of the Code of Civil Procedure.

 3        Section  207.  Venue.  A  petition for a civil no contact
 4    order may be filed in any county  where  (1)  the  petitioner
 5    resides,  (2)  the  respondent  resides,  or  (3) the alleged
 6    non-consensual  sexual  conduct  or   non-consensual   sexual
 7    penetration occurred.

 8        Section 208. Process.
 9        (a)  Any  action  for  a  civil no contact order requires
10    that a separate summons be issued  and  served.  The  summons
11    shall be in the form prescribed by Supreme Court Rule 101(d),
12    except  that  it  shall  require  the respondent to answer or
13    appear within 7 days. Attachments to the  summons  or  notice
14    shall  include  the  petition  for civil no contact order and
15    supporting affidavits, if any, and  any  emergency  civil  no
16    contact order that has been issued.
17        (b)  The  summons shall be served by the sheriff or other
18    law enforcement officer at the earliest time and  shall  take
19    precedence  over  other  summonses  except those of a similar
20    emergency nature. Special process servers may be appointed at
21    any  time,  and  their  designation  shall  not  affect   the
22    responsibilities  and  authority  of  the  sheriff  or  other
23    official process servers.
24        (c)  Service  of  process on a member of the respondent's
25    household or by publication shall be  adequate  if:  (1)  the
26    petitioner  has  made  all  reasonable  efforts to accomplish
27    actual service of process personally upon the respondent, but
28    the respondent cannot be found to effect  such  service;  and
29    (2)  the  petitioner  files  an  affidavit  or presents sworn
30    testimony as to those efforts.
31        (d)  A plenary civil no contact order may be  entered  by
32    default  for  the  remedy  sought  in  the  petition,  if the
 
                            -6-            LRB9215838REdvam01
 1    respondent has been served or given notice in accordance with
 2    subsection (a) and if the respondent then fails to appear  as
 3    directed  or  fails to appear on any subsequent appearance or
 4    hearing date agreed to by the parties or set by the court.

 5        Section 209. Service of notice  of  hearings.  Except  as
 6    provided  in  Section 208, notice of hearings on petitions or
 7    motions shall be served  in  accordance  with  Supreme  Court
 8    Rules  11  and 12, unless notice is excused by Section 214 of
 9    this Act or by the Code of  Civil  Procedure,  Supreme  Court
10    Rules, or local rules.

11        Section  210. Hearings. A petition for a civil no contact
12    order shall be treated as an  expedited  proceeding,  and  no
13    court may transfer or otherwise decline to decide all or part
14    of  such  petition. Nothing in this Section shall prevent the
15    court  from  reserving  issues  if  jurisdiction  or   notice
16    requirements are not met.

17        Section 211. Continuances.
18        (a)  Petitions for emergency remedies shall be granted or
19    denied  in  accordance  with  the  standards  of Section 214,
20    regardless of the  respondent's  appearance  or  presence  in
21    court.
22        (b)  Any  action  for  a  civil  no  contact  order is an
23    expedited proceeding. Continuances shall be granted only  for
24    good cause shown and kept to the minimum reasonable duration,
25    taking into account the reasons for the continuance.

26        Section 212. Hearsay exception.
27        (a)  In   proceedings   for   a   no  contact  order  and
28    prosecutions for violating  a  no-contact  order,  the  prior
29    sexual  activity  or  the  reputation  of  the  petitioner is
30    inadmissible except:
 
                            -7-            LRB9215838REdvam01
 1             (1)  as evidence concerning the past sexual  conduct
 2        of  the petitioner with the respondent when this evidence
 3        is offered by the respondent upon the  issue  of  whether
 4        the  petitioner  consented  to  the  sexual  conduct with
 5        respect to which the offense is alleged; or
 6             (2)  when constitutionally required to be admitted.
 7        (b)  No evidence admissible under  this  Section  may  be
 8    introduced  unless  ruled admissible by the trial judge after
 9    an offer of proof has been made at a hearing held  in  camera
10    to  determine  whether the respondent has evidence to impeach
11    the witness in the event that prior sexual activity with  the
12    respondent  is  denied.  The  offer  of  proof  shall include
13    reasonably specific information as to  the  date,  time,  and
14    place  of  the past sexual conduct between the petitioner and
15    the  respondent.  Unless  the  court  finds  that  reasonably
16    specific information as to date,  time,  or  place,  or  some
17    combination  thereof,  has  been  offered  as to prior sexual
18    activity with the  respondent,  counsel  for  the  respondent
19    shall  be ordered to refrain from inquiring into prior sexual
20    activity between the petitioner and the respondent. The court
21    may  not  admit  evidence  under  this  Section   unless   it
22    determines  at  the hearing that the evidence is relevant and
23    the probative value of the evidence outweighs the  danger  of
24    unfair  prejudice.  The evidence shall be admissible at trial
25    to the extent an  order  made  by  the  court  specifies  the
26    evidence that may be admitted and areas with respect to which
27    the petitioner may be examined or cross examined.

28        Section 213. Civil no contact order; remedy.
29        (a)  If  the  court  finds that the petitioner has been a
30    victim of non-consensual  sexual  conduct  or  non-consensual
31    sexual  penetration,  a  civil  no contact order shall issue;
32    provided  that  the  petitioner   must   also   satisfy   the
33    requirements  of  Section  214 on emergency orders or Section
 
                            -8-            LRB9215838REdvam01
 1    215 on plenary orders. The petitioner shall not be  denied  a
 2    civil   no  contact  order  because  the  petitioner  or  the
 3    respondent is a minor. The court, when determining whether or
 4    not to issue a  civil  no  contact  order,  may  not  require
 5    physical injury on the person of the victim. Modification and
 6    extension  of  prior  civil  no  contact  orders  shall be in
 7    accordance with this Act.
 8        (b)  A civil no contact order shall order the  respondent
 9    to  stay  away  from  the  petitioner  or  any  other  person
10    protected  by  the  civil  no  contact order, or prohibit the
11    respondent  from  entering  or  remaining  present   at   the
12    petitioner's  school, place of employment, or other specified
13    places at times when the petitioner is present, or  both,  if
14    reasonable,  given  the  balance of hardships. Hardships need
15    not be balanced for the court to enter a stay away  order  or
16    prohibit  entry  if  the respondent has no right to enter the
17    premises.
18        (c)  Denial of a remedy may not be based, in whole or  in
19    part, on evidence that:
20             (1)  the  respondent has cause for any use of force,
21        unless that cause satisfies the standards for justifiable
22        use of force provided by Article VII of the Criminal Code
23        of 1961;
24             (2)  the respondent was voluntarily intoxicated;
25             (3)  the petitioner acted in self-defense or defense
26        of another, provided that,  if  the  petitioner  utilized
27        force,  such  force  was justifiable under Article VII of
28        the Criminal Code of 1961;
29             (4)  the petitioner did not act in  self-defense  or
30        defense of another;
31             (5)  the  petitioner left the residence or household
32        to  avoid  further  non-consensual  sexual   conduct   or
33        non-consensual sexual penetration by the respondent; or
34             (6)  the  petitioner  did not leave the residence or
 
                            -9-            LRB9215838REdvam01
 1        household to avoid further non-consensual sexual  conduct
 2        or non-consensual sexual penetration by the respondent.
 3        (d)  Monetary damages are not recoverable as a remedy.

 4        Section 214. Emergency civil no contact order.
 5        (a)  An  emergency  civil no contact order shall issue if
 6    the petitioner satisfies the requirements of this  subsection
 7    (a). The petitioner shall establish that:
 8             (1)  the court has jurisdiction under Section 208;
 9             (2)  the  requirements of Section 213 are satisfied;
10        and
11             (3)  there  is  good  cause  to  grant  the  remedy,
12        regardless of prior service of process or of notice  upon
13        the  respondent,  because  the  harm which that remedy is
14        intended to prevent would  be  likely  to  occur  if  the
15        respondent were given any prior notice, or greater notice
16        than  was  actually given, of the petitioner's efforts to
17        obtain judicial relief.
18        (b)  If the respondent appears in court for this  hearing
19    for an emergency order, he or she may elect to file a general
20    appearance  and  testify.  Any  resulting  order  may  be  an
21    emergency  order,  governed  by this Section. Notwithstanding
22    the requirements of this  Section,  if  all  requirements  of
23    Section  215  have  been  met,  the court may issue a plenary
24    order.
25        (c)  Emergency orders; court holidays and evenings.
26             (1)  When the court is unavailable at the  close  of
27        business, the petitioner may file a petition for a 21-day
28        emergency  order  before  any  available circuit judge or
29        associate judge who may grant relief under this  Act.  If
30        the  judge  finds  that there is an immediate and present
31        danger of abuse  against  the  petitioner  and  that  the
32        petitioner  has  satisfied the prerequisites set forth in
33        subsection (a), that judge may issue an  emergency  civil
 
                            -10-           LRB9215838REdvam01
 1        no contact order.
 2             (2)  The  chief  judge  of  the  circuit  court  may
 3        designate  for  each  county  in the circuit at least one
 4        judge to be reasonably  available  to  issue  orally,  by
 5        telephone, by facsimile, or otherwise, an emergency civil
 6        no  contact  order at all times, whether or not the court
 7        is in session.
 8             (3)  Any order issued under  this  Section  and  any
 9        documentation  in support of the order shall be certified
10        on the next court day to the appropriate court. The clerk
11        of that court shall immediately  assign  a  case  number,
12        file  the  petition,  order, and other documents with the
13        court, and enter the order of record and file it with the
14        sheriff for service,  in  accordance  with  Section  222.
15        Filing   the  petition  shall  commence  proceedings  for
16        further relief under Section 202. Failure to comply  with
17        the  requirements  of  this paragraph (3) does not affect
18        the validity of the order.

19        Section 215. Plenary civil no contact  order.  A  plenary
20    civil  no  contact  order  shall  issue if the petitioner has
21    served  notice  of  the  hearing  for  that  order   on   the
22    respondent, in accordance with Section 209, and satisfies the
23    requirements  of  this Section. The petitioner must establish
24    that:
25             (1)  the court has jurisdiction under Section 206;
26             (2)  the requirements of Section 213 are satisfied;
27             (3)  a general appearance was made or  filed  by  or
28        for   the   respondent  or  process  was  served  on  the
29        respondent in the manner required by Section 208; and
30             (4)  the respondent has answered or is in default.

31        Section 216. Duration and extension of orders.
32        (a)  Unless re-opened or extended or voided by  entry  of
 
                            -11-           LRB9215838REdvam01
 1    an  order  of  greater  duration, an emergency order shall be
 2    effective for not less than 14 nor more than 21 days.
 3        (b)  Except as otherwise  provided  in  this  Section,  a
 4    plenary civil no contact order shall be effective for a fixed
 5    period  of  time,  not to exceed 2 years.  A plenary civil no
 6    contact order  entered  in  conjunction  with  another  civil
 7    proceeding shall remain in effect as follows:
 8             (1)  if  entered as preliminary relief in that other
 9        proceeding, until entry of final judgment in  that  other
10        proceeding;
11             (2)  if incorporated into the final judgment in that
12        other  proceeding,  until  the  civil no contact order is
13        vacated or modified; or
14             (3)  if incorporated in  an  order  for  involuntary
15        commitment,  until  termination  of  both the involuntary
16        commitment and any voluntary commitment, or for  a  fixed
17        period of time not exceeding 2 years.
18        (b)  Any  emergency  or plenary order may be extended one
19    or more times, as required, provided that the requirements of
20    Section 214 or 215, as appropriate,  are  satisfied.  If  the
21    motion  for extension is uncontested and the petitioner seeks
22    no modification of the order, the order may  be  extended  on
23    the  basis  of  the  petitioner's motion or affidavit stating
24    that  there  has  been  no  material   change   in   relevant
25    circumstances since entry of the order and stating the reason
26    for  the  requested extension. Extensions may be granted only
27    in open court and not under the provisions of subsection  (c)
28    of  Section  214,  which  applies  only  when  the  court  is
29    unavailable at the close of business or on a court holiday.
30        (c)  Any  civil  no contact order which would expire on a
31    court holiday shall instead expire at the close of  the  next
32    court business day.
33        (d)  The  practice of dismissing or suspending a criminal
34    prosecution in exchange  for  the  issuance  of  a  civil  no
 
                            -12-           LRB9215838REdvam01
 1    contact  order  undermines  the  purposes  of  this Act. This
 2    Section shall not be construed as encouraging that practice.

 3        Section 217. Contents of orders.
 4        (a)  Any civil  no  contact  order  shall  describe  each
 5    remedy  granted by the court, in reasonable detail and not by
 6    reference to any other document, so that the  respondent  may
 7    clearly  understand  what  he  or she must do or refrain from
 8    doing.
 9        (b)  A civil no contact order  shall  further  state  the
10    following:
11             (1)  The  name  of  each  petitioner  that the court
12        finds was the victim of non-consensual sexual conduct  or
13        non-consensual  sexual  penetration by the respondent and
14        the name of each other person protected by the order  and
15        that the person is protected by this Act.
16             (2)  The  date  and  time the civil no contact order
17        was issued, whether it is an emergency or plenary  order,
18        and the duration of the order.
19             (3)  The  date,  time,  and  place for any scheduled
20        hearing for extension of that civil no contact  order  or
21        for another order of greater duration or scope.
22             (4)  For  each  remedy  in  an  emergency  civil  no
23        contact  order,  the  reason  for  entering  that  remedy
24        without  prior notice to the respondent or greater notice
25        than was actually given.
26        (c)  A civil no contact order shall include the following
27    notice, printed in conspicuous type: "Any  knowing  violation
28    of  a  civil  no  contact order is a Class A misdemeanor. Any
29    second or subsequent violation is a Class 4 felony."

30        Section 218. Notice of orders.
31        (a)  Upon issuance of any civil  no  contact  order,  the
32    clerk  shall  immediately,  or  on  the  next court day if an
 
                            -13-           LRB9215838REdvam01
 1    emergency order is issued in accordance with  subsection  (c)
 2    of Section 214:
 3             (1)  enter  the  order  on the record and file it in
 4        accordance with the circuit court procedures; and
 5             (2)  provide a file stamped copy of the order to the
 6        respondent, if present, and to the petitioner.
 7        (b)  The  clerk  of  the  issuing  judge  shall,  or  the
 8    petitioner may, on the same day that a civil no contact order
 9    is issued, file a certified  copy  of  that  order  with  the
10    sheriff  or  other  law  enforcement  officials  charged with
11    maintaining Department of State  Police  records  or  charged
12    with  serving the order upon the respondent. If the order was
13    issued in accordance with subsection (c) of Section 214,  the
14    clerk  shall, on the next court day, file a certified copy of
15    the order with the Sheriff or other law enforcement officials
16    charged with maintaining Department of State Police records.
17        (c)  Unless the respondent was present in court when  the
18    order   was   issued,  the  sheriff,  other  law  enforcement
19    official, or special process server shall promptly serve that
20    order upon the respondent and file proof of such  service  in
21    the   manner   provided  for  service  of  process  in  civil
22    proceedings. If process has not  yet  been  served  upon  the
23    respondent,  it  shall be served with the order or short form
24    notification. A single fee may be charged for service  of  an
25    order  obtained  in  civil  court,  or for service of such an
26    order together with process, unless waived or deferred  under
27    Section 208.
28        (d)  If  the  person  against  whom  the civil no contact
29    order is issued is arrested and the written order  is  issued
30    in accordance with subsection (c) of Section 214 and received
31    by the custodial law enforcement agency before the respondent
32    or  arrestee  is  released  from  custody,  the custodial law
33    enforcement agent shall promptly serve  the  order  upon  the
34    respondent  or  arrestee before the respondent or arrestee is
 
                            -14-           LRB9215838REdvam01
 1    released from custody. In no event  shall  detention  of  the
 2    respondent  or  arrestee  be  extended  for  hearing  on  the
 3    petition  for  civil no contact order or receipt of the order
 4    issued under Section 214 of this Act.
 5        (e)  Any order  extending,  modifying,  or  revoking  any
 6    civil  no  contact  order shall be promptly recorded, issued,
 7    and served as provided in this Section.
 8        (f)  Upon the request of the petitioner, within 24  hours
 9    of the issuance of a civil no contact order, the clerk of the
10    issuing  judge  shall  send written notice of the order along
11    with a certified copy of the order to any school, college, or
12    university at which the petitioner is enrolled.

13        Section 219. Violation. A knowing violation of a civil no
14    contact  order  is  a  Class  A  misdemeanor.  A  second   or
15    subsequent violation is a Class 4 felony.

16                             ARTICLE III
17                  LAW ENFORCEMENT RESPONSIBILITIES

18        Section 301. Arrest without warrant.
19        (a)  Any  law  enforcement  officer  may  make  an arrest
20    without warrant if the officer has probable cause to  believe
21    that the person has committed or is committing a violation of
22    a civil no contact order.
23        (b)  The law enforcement officer may verify the existence
24    of   a   civil   no  contact  order  by  telephone  or  radio
25    communication with his or her law enforcement  agency  or  by
26    referring to the copy of the order provided by the petitioner
27    or the respondent.

28        Section   302.   Data   maintenance  by  law  enforcement
29    agencies.
30        (a)  All sheriffs shall  furnish  to  the  Department  of
 
                            -15-           LRB9215838REdvam01
 1    State  Police,  on  the same day as received, in the form and
 2    detail  the  Department  requires,  copies  of  any  recorded
 3    emergency or plenary civil no contact orders  issued  by  the
 4    court  and  transmitted  to  the  sheriff by the clerk of the
 5    court in accordance with subsection (b)  of  Section  218  of
 6    this Act. Each civil no contact order shall be entered in the
 7    Law  Enforcement  Agencies  Data System on the same day it is
 8    issued by the court. If an emergency civil no  contact  order
 9    was  issued in accordance with subsection (c) of Section 214,
10    the order shall be entered in the  Law  Enforcement  Agencies
11    Data  System as soon as possible after receipt from the clerk
12    of the court.
13        (b)  The Department of  State  Police  shall  maintain  a
14    complete  and  systematic  record  and index of all valid and
15    recorded civil no contact orders issued under this  Act.  The
16    data  shall  be  used  to  inform  all  dispatchers  and  law
17    enforcement  officers  at the scene of an alleged incident of
18    non-consensual  sexual  conduct  or   non-consensual   sexual
19    penetration  or  violation of a civil no contact order of any
20    recorded prior incident of non-consensual sexual  conduct  or
21    non-consensual  sexual  penetration  involving the victim and
22    the effective dates  and  terms  of  any  recorded  civil  no
23    contact order.".

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