The enactment of HB 2095 is expected to enhance the legal protections available to victims of stalking and non-consensual acts. By mandating the awarding of attorney's fees, the bill improves accessibility to legal remedies for petitioners, particularly those who may be financially disadvantaged. Additionally, the bill clarifies that victims, regardless of being minors, can still seek legal protections under the statutes, promoting inclusivity and comprehensive protections within these laws.
Summary
House Bill 2095 aims to amend the Stalking No Contact Order Act and the Civil No Contact Order Act in Illinois. The bill stipulates that when a stalking no contact order is granted, the court is required to award the petitioner costs and attorney's fees, rather than having the discretion to do so. This change is intended to alleviate the financial burden on victims who successfully obtain such protective orders, reinforcing their ability to seek legal recourse without fear of incurring significant costs.
Contention
While the bill is largely seen as supportive of victims' rights, some concerns have been raised regarding the implications of mandatory attorney's fees. Opponents suggest that this could place an unnecessary financial burden on the court system, particularly in cases where petitions might be viewed as frivolous. Nonetheless, the overall sentiment appears to favor the bill, as it aims to strengthen the mechanisms in place for addressing stalking and non-consensual behaviors, ensuring that victims have the resources necessary to pursue their cases.