Section 112a-11.5 of Code of Criminal Procedure, which permits issuance of a protective order in a crime involving domestic violence, a sexual offense, or stalking, does not violate due process by allowing State to make a prima facie case for issuance of a protective order by producing an indictment without requiring the complaining witness be subject to confrontation and cross-examination. The statute does not compel testimony or presentation of evidence by Defendant in violation of constitutional protections against self-incrimination. There is no impermissible burden shifting nor a conflict that renders the operation of either that statute or the Civil No Contact Order Act untenable. (A. BURKE, KILBRIDE, KARMEIER, THEIS, NEVILLE, and M. BURKE, concurring.)
Illinois Supreme Court
Criminal Court
Orders of Protection