Sen. Elgie R. Sims, Jr.
Filed: 2/22/2018
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1 | AMENDMENT TO SENATE BILL 558
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2 | AMENDMENT NO. ______. Amend Senate Bill 558 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Code of Criminal Procedure of 1963 is | ||||||
5 | amended by changing Sections 112A-1.5, 112A-2.5, 112A-3, | ||||||
6 | 112A-4.5, 112A-5, 112A-5.5, 112A-8, 112A-11.5, 112A-12, | ||||||
7 | 112A-14, 112A-16, 112A-20, 112A-21, 112A-22, 112A-22.3, | ||||||
8 | 112A-23, 112A-24, 112A-26, and 112A-28 and by adding Sections | ||||||
9 | 112A-6.1, 112A-17.5, and 112A-22.1 as follows: | ||||||
10 | (725 ILCS 5/112A-1.5) | ||||||
11 | Sec. 112A-1.5. Purpose and construction . The purpose of | ||||||
12 | this Article is to protect the safety of victims of domestic | ||||||
13 | violence, sexual assault, sexual abuse, and stalking and the | ||||||
14 | safety of their family and household members; and to minimize | ||||||
15 | the trauma and inconvenience associated with attending | ||||||
16 | separate and multiple civil court proceedings to obtain |
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1 | protective orders. This Article shall be interpreted in | ||||||
2 | accordance with the constitutional rights of crime victims set | ||||||
3 | forth in Article I, Section 8.1 of the Illinois Constitution, | ||||||
4 | the purposes set forth in Section 2 of the Rights of Crime | ||||||
5 | Victims and Witnesses Act , and the use of protective orders to | ||||||
6 | implement the victim's right to be reasonably protected from | ||||||
7 | the defendant as provided in Section 4.5 of the Rights of | ||||||
8 | Victims and Witnesses Act .
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9 | (Source: P.A. 100-199, eff. 1-1-18 .) | ||||||
10 | (725 ILCS 5/112A-2.5) | ||||||
11 | Sec. 112A-2.5. Types of protective orders. The following | ||||||
12 | protective orders may be entered in conjunction with a | ||||||
13 | delinquency petition or a criminal prosecution: | ||||||
14 | (1) a domestic violence an order of protection in cases | ||||||
15 | involving domestic violence; | ||||||
16 | (2) a civil no contact order in cases involving sexual | ||||||
17 | offenses; or | ||||||
18 | (3) a stalking no contact order in cases involving | ||||||
19 | stalking offenses.
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20 | (Source: P.A. 100-199, eff. 1-1-18 .)
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21 | (725 ILCS 5/112A-3) (from Ch. 38, par. 112A-3)
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22 | Sec. 112A-3. Definitions. | ||||||
23 | (a) In For the purposes of this Article : , | ||||||
24 | "Advocate" means a person whose communications with the |
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1 | victim are privileged under Section 8-802.1 or 8-802.2 of the | ||||||
2 | Code of Civil Procedure or Section 227 of the Illinois Domestic | ||||||
3 | Violence Act of 1986. | ||||||
4 | "Named victim" means the person named as the victim in the | ||||||
5 | delinquency petition or criminal prosecution. | ||||||
6 | "Protective order" "protective order" means a domestic | ||||||
7 | violence order of protection, a civil no contact order, or a | ||||||
8 | stalking no contact order.
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9 | (b) For the purposes of domestic violence cases, the | ||||||
10 | following terms shall have the following meanings in this | ||||||
11 | Article: | ||||||
12 | (1) "Abuse" means physical abuse, harassment, | ||||||
13 | intimidation of a
dependent, interference with personal | ||||||
14 | liberty or willful deprivation but
does not include | ||||||
15 | reasonable direction of a minor child by a parent or
person | ||||||
16 | in loco parentis.
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17 | (2) "Domestic violence" means abuse as described in | ||||||
18 | paragraph (1) of this subsection (b) .
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19 | (3) "Family or household members" include spouses, | ||||||
20 | former spouses,
parents, children, stepchildren , and other | ||||||
21 | persons related by blood or
by present or prior marriage, | ||||||
22 | persons who share or formerly shared a
common dwelling, | ||||||
23 | persons who have or allegedly have a child in common, | ||||||
24 | persons
who share or allegedly share a blood relationship | ||||||
25 | through a child, persons who
have or have had a dating or | ||||||
26 | engagement relationship, persons with disabilities
and |
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1 | their personal assistants, and caregivers as defined in | ||||||
2 | subsection (e) of Section 12-4.4a of the Criminal Code of | ||||||
3 | 2012.
For purposes of this paragraph (3) , neither a casual | ||||||
4 | acquaintanceship nor
ordinary fraternization between 2 | ||||||
5 | individuals in business or social
contexts shall be deemed | ||||||
6 | to constitute a dating relationship.
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7 | (4) "Harassment" means knowing conduct which
is not | ||||||
8 | necessary to accomplish a purpose which is reasonable under | ||||||
9 | the
circumstances; would cause a reasonable person | ||||||
10 | emotional distress; and
does cause emotional distress to | ||||||
11 | the petitioner.
Unless the presumption is rebutted by a | ||||||
12 | preponderance of the evidence, the
following types of | ||||||
13 | conduct shall be presumed to cause emotional distress:
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14 | (i) creating a disturbance at petitioner's place | ||||||
15 | of employment or school;
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16 | (ii) repeatedly telephoning petitioner's place of | ||||||
17 | employment, home or
residence;
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18 | (iii) repeatedly following petitioner about in a | ||||||
19 | public place or places;
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20 | (iv) repeatedly keeping petitioner under | ||||||
21 | surveillance by remaining
present outside his or her | ||||||
22 | home, school, place of employment, vehicle or
other | ||||||
23 | place occupied by petitioner or by peering in | ||||||
24 | petitioner's windows;
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25 | (v) improperly concealing a minor child from | ||||||
26 | petitioner, repeatedly
threatening to improperly |
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1 | remove a minor child of petitioner's from the
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2 | jurisdiction or from the physical care of petitioner, | ||||||
3 | repeatedly threatening to
conceal a minor child from | ||||||
4 | petitioner, or making a single such threat following
an | ||||||
5 | actual or attempted improper removal or concealment, | ||||||
6 | unless respondent was
fleeing from an incident or | ||||||
7 | pattern of domestic violence; or
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8 | (vi) threatening physical force, confinement or | ||||||
9 | restraint on one or more
occasions.
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10 | (5) "Interference with personal liberty" means | ||||||
11 | committing or threatening
physical abuse, harassment, | ||||||
12 | intimidation or willful deprivation so as to
compel another | ||||||
13 | to engage in conduct from which she or he has a right to
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14 | abstain or to refrain from conduct
in which she or he has a | ||||||
15 | right to engage.
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16 | (6) "Intimidation of a dependent" means subjecting a | ||||||
17 | person who is
dependent because of age, health , or | ||||||
18 | disability to participation in or the
witnessing of: | ||||||
19 | physical force against another or physical confinement or
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20 | restraint of another which constitutes physical abuse as | ||||||
21 | defined in this
Article, regardless of whether the abused | ||||||
22 | person is a family or household member.
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23 | (7) "Order of protection" or "domestic violence order | ||||||
24 | of protection" means an ex parte or final order, granted | ||||||
25 | pursuant to this Article, which includes any or all
of the | ||||||
26 | remedies authorized by Section 112A-14 of this Code.
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1 | (8) "Petitioner" may mean not only any named petitioner | ||||||
2 | for the domestic violence order of
protection and any named | ||||||
3 | victim of abuse on whose behalf the petition
is brought, | ||||||
4 | but also any other person protected by this Article.
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5 | (9) "Physical abuse" includes sexual abuse and means | ||||||
6 | any of the following:
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7 | (i) knowing or reckless use of physical force, | ||||||
8 | confinement or restraint;
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9 | (ii) knowing, repeated and unnecessary sleep | ||||||
10 | deprivation; or
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11 | (iii) knowing or reckless conduct which creates an | ||||||
12 | immediate
risk of physical harm.
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13 | (9.3) "Respondent" in a petition for a domestic | ||||||
14 | violence an order of protection means the defendant. | ||||||
15 | (9.5) "Stay away" means for the respondent to refrain | ||||||
16 | from both physical presence and nonphysical contact with | ||||||
17 | the petitioner whether direct, indirect (including, but | ||||||
18 | not limited to, telephone calls, mail, email, faxes, and | ||||||
19 | written notes), or through third parties who may or may not | ||||||
20 | know about the domestic violence order of protection.
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21 | (10) "Willful deprivation" means wilfully denying a | ||||||
22 | person who because of
age, health or disability requires | ||||||
23 | medication, medical care, shelter,
accessible shelter or | ||||||
24 | services, food, therapeutic device, or other physical
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25 | assistance, and thereby exposing that person to the risk of | ||||||
26 | physical, mental or
emotional harm, except with regard to |
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1 | medical care and treatment when such
dependent person has | ||||||
2 | expressed the intent to forgo such medical care or
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3 | treatment. This paragraph (10) does not create any new | ||||||
4 | affirmative duty to provide
support to dependent persons.
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5 | (c) For the purposes of cases involving sexual offenses, | ||||||
6 | the following terms shall have the following meanings in this | ||||||
7 | Article: | ||||||
8 | (1) "Civil no contact order" means an ex parte or final | ||||||
9 | order granted under this Article, which includes a remedy | ||||||
10 | authorized by Section 112A-14.5 of this Code. | ||||||
11 | (2) "Family or household members" include spouses, | ||||||
12 | parents, children, stepchildren, and persons who share a | ||||||
13 | common dwelling. | ||||||
14 | (3) "Non-consensual" means a lack of freely given | ||||||
15 | agreement. | ||||||
16 | (4) "Petitioner" means not only any named petitioner | ||||||
17 | for the civil no contact order and any named victim of | ||||||
18 | non-consensual sexual conduct or non-consensual sexual | ||||||
19 | penetration on whose behalf the petition is brought, but | ||||||
20 | includes any other person sought to be protected under this | ||||||
21 | Article. | ||||||
22 | (5) "Respondent" in a petition for a civil no contact | ||||||
23 | order means the defendant. | ||||||
24 | (6) "Sexual conduct" means any intentional or knowing | ||||||
25 | touching or fondling by the petitioner or the respondent, | ||||||
26 | either directly or through clothing, of the sex organs, |
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1 | anus, or breast of the petitioner or the respondent, or any | ||||||
2 | part of the body of a child under 13 years of age, or any | ||||||
3 | transfer or transmission of semen by the respondent upon | ||||||
4 | any part of the clothed or unclothed body of the | ||||||
5 | petitioner, for the purpose of sexual gratification or | ||||||
6 | arousal of the petitioner or the respondent. | ||||||
7 | (7) "Sexual penetration" means any contact, however | ||||||
8 | slight, between the sex organ or anus of one person by an | ||||||
9 | object, the sex organ, mouth or anus of another person, or | ||||||
10 | any intrusion, however slight, of any part of the body of | ||||||
11 | one person or of any animal or object into the sex organ or | ||||||
12 | anus of another person, including , but not limited to , | ||||||
13 | cunnilingus, fellatio , or anal penetration. Evidence of | ||||||
14 | emission of semen is not required to prove sexual | ||||||
15 | penetration. | ||||||
16 | (8) "Stay away" means to refrain from both physical | ||||||
17 | presence and nonphysical contact with the petitioner | ||||||
18 | directly, indirectly, or through third parties who may or | ||||||
19 | may not know of the order. "Nonphysical contact" includes, | ||||||
20 | but is not limited to, telephone calls, mail, e-mail, fax, | ||||||
21 | and written notes. | ||||||
22 | (d) For the purposes of cases involving stalking offenses, | ||||||
23 | the following terms shall have the following meanings in this | ||||||
24 | Article: | ||||||
25 | (1) "Course of conduct" means 2 or more acts, | ||||||
26 | including, but not limited to, acts in which a respondent |
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1 | directly, indirectly, or through third parties, by any | ||||||
2 | action, method, device, or means follows, monitors, | ||||||
3 | observes, surveils, threatens, or communicates to or | ||||||
4 | about, a person, engages in other contact, or interferes | ||||||
5 | with or damages a person's property or pet. A course of | ||||||
6 | conduct may include contact via electronic communications. | ||||||
7 | The incarceration of a person in a penal institution who | ||||||
8 | commits the course of conduct is not a bar to prosecution. | ||||||
9 | (2) "Emotional distress" means significant mental | ||||||
10 | suffering, anxiety , or alarm. | ||||||
11 | (3) "Contact" includes any contact with the victim, | ||||||
12 | that is initiated or continued without the victim's | ||||||
13 | consent, or that is in disregard of the victim's expressed | ||||||
14 | desire that the contact be avoided or discontinued, | ||||||
15 | including, but not limited to, being in the physical | ||||||
16 | presence of the victim; appearing within the sight of the | ||||||
17 | victim; approaching or confronting the victim in a public | ||||||
18 | place or on private property; appearing at the workplace or | ||||||
19 | residence of the victim; entering onto or remaining on | ||||||
20 | property owned, leased, or occupied by the victim; or | ||||||
21 | placing an object on, or delivering an object to, property | ||||||
22 | owned, leased, or occupied by the victim. | ||||||
23 | (4) "Petitioner" means any named petitioner for the | ||||||
24 | stalking no contact order or any named victim of stalking | ||||||
25 | on whose behalf the petition is brought. | ||||||
26 | (5) "Reasonable person" means a person in the |
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1 | petitioner's circumstances with the petitioner's knowledge | ||||||
2 | of the respondent and the respondent's prior acts. | ||||||
3 | (6) "Respondent" in a petition for a civil no contact | ||||||
4 | order means the defendant. | ||||||
5 | (7) "Stalking" means engaging in a course of conduct | ||||||
6 | directed at a specific person, and he or she knows or | ||||||
7 | should know that this course of conduct would cause a | ||||||
8 | reasonable person to fear for his or her safety or the | ||||||
9 | safety of a third person or suffer emotional distress. | ||||||
10 | "Stalking" does not include an exercise of the right to | ||||||
11 | free speech or assembly that is otherwise lawful or | ||||||
12 | picketing occurring at the workplace that is otherwise | ||||||
13 | lawful and arises out of a bona fide labor dispute, | ||||||
14 | including any controversy concerning wages, salaries, | ||||||
15 | hours, working conditions or benefits, including health | ||||||
16 | and welfare, sick leave, insurance, and pension or | ||||||
17 | retirement provisions, the making or maintaining of | ||||||
18 | collective bargaining agreements, and the terms to be | ||||||
19 | included in those agreements. | ||||||
20 | (8) "Stalking no contact order" means an ex parte or | ||||||
21 | final order granted under this Article, which includes a | ||||||
22 | remedy authorized by Section 112A-14.7 of this Code. | ||||||
23 | (Source: P.A. 100-199, eff. 1-1-18 .)
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24 | (725 ILCS 5/112A-4.5) | ||||||
25 | Sec. 112A-4.5. Who may file petition. |
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1 | (a) A petition for a domestic violence an order of | ||||||
2 | protection may be filed: | ||||||
3 | (1) by a named victim person
who
has been abused by a | ||||||
4 | family or household member; or | ||||||
5 | (2) by any person on behalf
of a named victim who is a | ||||||
6 | minor child or an adult who has been
abused by a family or | ||||||
7 | household
member and who, because of age, health, | ||||||
8 | disability, or inaccessibility,
cannot file the petition. | ||||||
9 | (b) A petition for a civil no contact order may be filed: | ||||||
10 | (1) by any person who is a named victim of | ||||||
11 | non-consensual
sexual conduct or non-consensual sexual | ||||||
12 | penetration, including a single incident of non-consensual | ||||||
13 | sexual conduct or non-consensual sexual penetration; or | ||||||
14 | (2) by a person on behalf of a named victim who is a | ||||||
15 | minor child or an
adult who is a victim of non-consensual | ||||||
16 | sexual conduct or non-consensual sexual penetration but, | ||||||
17 | because of age, disability, health, or inaccessibility, | ||||||
18 | cannot file the petition. | ||||||
19 | (c) A petition for a stalking no contact order may be | ||||||
20 | filed: | ||||||
21 | (1) by any person who is a named victim of stalking; or | ||||||
22 | (2) by a person on behalf of a named victim who is a | ||||||
23 | minor child or an
adult who is a victim of stalking but, | ||||||
24 | because of age, disability, health, or inaccessibility, | ||||||
25 | cannot file the petition. | ||||||
26 | (d) The State's Attorney shall file a petition on behalf of |
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1 | on any person who may file a petition under subsections (a), | ||||||
2 | (b) , or (c) of this Section if the person requests the State's | ||||||
3 | Attorney to file a petition on the person's behalf , unless the | ||||||
4 | State's Attorney informs the court that the State's Attorney | ||||||
5 | has reason to believe that additional investigation would | ||||||
6 | produce evidence that would result in dismissal of the charge. | ||||||
7 | If, after investigation, the State's Attorney decides to | ||||||
8 | proceed with the charge, the State's Attorney shall file a | ||||||
9 | petition . | ||||||
10 | (d-5) (1) A person eligible to file a petition under | ||||||
11 | subsection (a), (b), or (c) of this Section may retain an | ||||||
12 | attorney to represent the petitioner on the petitioner's | ||||||
13 | request for a protective order. The attorney's representation | ||||||
14 | is limited to matters related to the petition and relief | ||||||
15 | authorized under this Article. | ||||||
16 | (2) Advocates shall be allowed to accompany the | ||||||
17 | petitioner and confer with the victim, unless otherwise | ||||||
18 | directed by the court. Advocates are not engaged in the | ||||||
19 | unauthorized practice of law when providing assistance to | ||||||
20 | the petitioner. | ||||||
21 | (e) Any petition properly
filed under this Article may seek
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22 | protection for any additional persons protected by this | ||||||
23 | Article.
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24 | (Source: P.A. 100-199, eff. 1-1-18 .)
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25 | (725 ILCS 5/112A-5) (from Ch. 38, par. 112A-5)
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1 | Sec. 112A-5. Pleading; non-disclosure of address.
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2 | (a) A petition for a protective order shall be filed in | ||||||
3 | conjunction with a delinquency petition or criminal | ||||||
4 | prosecution, or in conjunction with imprisonment or a bond | ||||||
5 | forfeiture warrant, provided the petition names a victim of the | ||||||
6 | alleged crime. The petition may include a request for an ex | ||||||
7 | parte protective order, a final protective order, or both. The | ||||||
8 | petition shall be in writing and verified or accompanied by
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9 | affidavit
and shall allege that : | ||||||
10 | (1) petitioner has been abused by respondent, who is a | ||||||
11 | family or household member; | ||||||
12 | (2) respondent has engaged in non-consensual sexual | ||||||
13 | conduct or non-consensual sexual penetration, including a | ||||||
14 | single incident of non-consensual sexual conduct or | ||||||
15 | non-consensual sexual penetration with petitioner; or | ||||||
16 | (3) petitioner has been stalked by respondent. | ||||||
17 | The petition shall further set forth whether there is any | ||||||
18 | other action between the petitioner and respondent. During the | ||||||
19 | pendency of this proceeding, the petitioner and respondent have | ||||||
20 | a continuing duty to inform the court of any subsequent | ||||||
21 | proceeding for a protective order in this State or any other | ||||||
22 | state. | ||||||
23 | (a-5) The petition shall indicate whether an ex parte | ||||||
24 | protective order, a protective order, or both are requested. If | ||||||
25 | the respondent receives notice of a petition for a final | ||||||
26 | protective order and the respondent requests a continuance to |
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1 | respond to the petition, the petitioner may, either orally or | ||||||
2 | in writing, request an ex parte order. petitioner has been | ||||||
3 | abused by respondent, who is a
family or household member.
The | ||||||
4 | petition shall further set forth whether there is any other
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5 | action between the petitioner and respondent.
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6 | (b) The petitioner shall not be required to disclose the | ||||||
7 | petitioner's address. If the petition states that disclosure of | ||||||
8 | petitioner's
address would risk abuse to or endanger the safety | ||||||
9 | of petitioner or any member of petitioner's
family or household
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10 | or reveal the confidential address of a shelter for domestic | ||||||
11 | violence victims,
that address may be omitted from all | ||||||
12 | documents filed with the court.
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13 | (Source: P.A. 100-199, eff. 1-1-18 .)
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14 | (725 ILCS 5/112A-5.5) | ||||||
15 | Sec. 112A-5.5. Time for filing petition ; service on | ||||||
16 | respondent, hearing on petition, and default orders . | ||||||
17 | (a) A petition for a protective order may be filed at any | ||||||
18 | time after a criminal charge or delinquency petition is filed | ||||||
19 | and before the charge or delinquency petition is dismissed, the | ||||||
20 | defendant or juvenile is acquitted, or the defendant or | ||||||
21 | juvenile completes service of his or her sentence. The petition | ||||||
22 | can be considered at any court proceeding in the delinquency or | ||||||
23 | criminal case at which the defendant is present. The court may | ||||||
24 | schedule a separate court proceeding to consider the petition.
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25 | (b) The request for an ex parte protective order may be |
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1 | considered without notice to the respondent under Section | ||||||
2 | 112A-17.5 of this Code. | ||||||
3 | (c) A summons shall be issued and served for a protective | ||||||
4 | order. The summons may be served by delivery to the respondent | ||||||
5 | personally in open court in the criminal or juvenile | ||||||
6 | delinquency proceeding, in the form prescribed by subsection | ||||||
7 | (d) of Supreme Court Rule 101, except that it shall require | ||||||
8 | respondent to answer or appear within 7 days. Attachments to | ||||||
9 | the summons shall include the petition for protective order, | ||||||
10 | supporting affidavits, if any, and any ex parte protective | ||||||
11 | order that has been issued. | ||||||
12 | (d) The summons shall be served by the sheriff or other law | ||||||
13 | enforcement officer at the earliest time available and shall | ||||||
14 | take precedence over any other summons, except those of a | ||||||
15 | similar emergency nature. Attachments to the summons shall | ||||||
16 | include the petition for protective order, supporting | ||||||
17 | affidavits, if any, and any ex parte protective order that has | ||||||
18 | been issued. Special process servers may be appointed at any | ||||||
19 | time and their designation shall not affect the | ||||||
20 | responsibilities and authority of the sheriff or other official | ||||||
21 | process servers. In a county with a population over 3,000,000, | ||||||
22 | a special process server may not be appointed if the protective | ||||||
23 | order grants the surrender of a child, the surrender of a | ||||||
24 | firearm or Firearm Owner's Identification Card, or the | ||||||
25 | exclusive possession of a shared residence. | ||||||
26 | (e) If the respondent is not served within 30 days of the |
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1 | filing of the petition, the court shall schedule a court | ||||||
2 | proceeding on the issue of service. Either the petitioner, the | ||||||
3 | petitioner's counsel, or the State's Attorney shall appear and | ||||||
4 | the court shall either order continued attempts at personal | ||||||
5 | service or shall order service by publication, in accordance | ||||||
6 | with Sections 2-203, 2-206, and 2-207 of the Code of Civil | ||||||
7 | Procedure. | ||||||
8 | (f) The request for a final protective order can be | ||||||
9 | considered at any court proceeding in the delinquency or | ||||||
10 | criminal case after service of the petition. If the petitioner | ||||||
11 | has not been provided notice of the court proceeding at least | ||||||
12 | 10 days in advance of the proceeding, the court shall schedule | ||||||
13 | a hearing on the petition and provide notice to the petitioner. | ||||||
14 | (g) Default orders. | ||||||
15 | (1) A final domestic violence order of protection may | ||||||
16 | be entered by default: | ||||||
17 | (A) for any of the remedies sought in the petition, | ||||||
18 | if respondent has been served with documents under | ||||||
19 | subsection (b) or (c) of this Section and if respondent | ||||||
20 | fails to appear on the specified return date or any | ||||||
21 | subsequent hearing date agreed to by the petitioner and | ||||||
22 | respondent or set by the court; or | ||||||
23 | (B) for any of the remedies provided under | ||||||
24 | paragraph (1), (2), (3), (5), (6), (7), (8), (9), (10), | ||||||
25 | (11), (14), (15), (17), or (18) of subsection (b) of | ||||||
26 | Section 112A-14 of this Code, or if the respondent |
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1 | fails to answer or appear in accordance with the date | ||||||
2 | set in the publication notice or the return date | ||||||
3 | indicated on the service of a household member. | ||||||
4 | (2) A final civil no contact order may be entered by | ||||||
5 | default for any of the remedies provided in Section | ||||||
6 | 112A-14.5 of this Code, if respondent has been served with | ||||||
7 | documents under subsection (b) or (c) of this Section, and | ||||||
8 | if the respondent fails to answer or appear in accordance | ||||||
9 | with the date set in the publication notice or the return | ||||||
10 | date indicated on the service of a household member. | ||||||
11 | (3) A final stalking no contact order may be entered by | ||||||
12 | default for any of the remedies provided by Section | ||||||
13 | 112A-14.7 of this Code, if respondent has been served with | ||||||
14 | documents under subsection (b) or (c) of this Section and | ||||||
15 | if the respondent fails to answer or appear in accordance | ||||||
16 | with the date set in the publication notice or the return | ||||||
17 | date indicated on the service of a household member. | ||||||
18 | (Source: P.A. 100-199, eff. 1-1-18 .) | ||||||
19 | (725 ILCS 5/112A-6.1 new) | ||||||
20 | Sec. 112A-6.1. Application of rules of civil procedure; | ||||||
21 | criminal law. | ||||||
22 | (a) Any proceeding to obtain, modify, re-open, or appeal a | ||||||
23 | protective order and service of pleadings and notices shall be | ||||||
24 | governed by the rules of civil procedure of this State. The | ||||||
25 | Code of Civil Procedure and Supreme Court and local court rules |
| |||||||
| |||||||
1 | applicable to civil proceedings shall apply, except as | ||||||
2 | otherwise provided by law. Civil law on venue, discovery, and | ||||||
3 | penalties for untrue statements shall not apply to protective | ||||||
4 | order proceedings heard under this Article. | ||||||
5 | (b) Criminal law on discovery, venue, and penalties for | ||||||
6 | untrue statements apply to protective order proceedings under | ||||||
7 | this Article. | ||||||
8 | (c) Court proceedings related to the entry of a protective | ||||||
9 | order and the determination of remedies shall not be used to | ||||||
10 | obtain discovery that would not otherwise be available in a | ||||||
11 | criminal prosecution or juvenile delinquency case.
| ||||||
12 | (725 ILCS 5/112A-8) (from Ch. 38, par. 112A-8)
| ||||||
13 | Sec. 112A-8. Subject matter jurisdiction. Each of the | ||||||
14 | circuit courts
shall have the power to issue protective orders | ||||||
15 | of protection .
| ||||||
16 | (Source: P.A. 84-1305.)
| ||||||
17 | (725 ILCS 5/112A-11.5) | ||||||
18 | Sec. 112A-11.5. Issuance of protective order. | ||||||
19 | (a) Except as provided in subsection (a-5) of this Section, | ||||||
20 | the The court shall grant the petition and enter a protective | ||||||
21 | order if the court finds prima facie evidence that a crime | ||||||
22 | involving domestic violence, a sexual offense , or a crime | ||||||
23 | involving stalking has been committed. The following shall be | ||||||
24 | considered prima facie evidence of the crime: |
| |||||||
| |||||||
1 | (1) an information, complaint, indictment , or | ||||||
2 | delinquency petition, charging a crime of domestic | ||||||
3 | violence, a sexual offense , or stalking or charging an | ||||||
4 | attempt to commit a crime of domestic violence, a sexual | ||||||
5 | offense , or stalking; or | ||||||
6 | (2) an adjudication of delinquency, a finding of guilt | ||||||
7 | based upon a plea, or a finding of guilt after a trial for | ||||||
8 | a crime of domestic battery, a sexual crime , or stalking or | ||||||
9 | an attempt to commit a crime of domestic violence, a sexual | ||||||
10 | offense , or stalking; | ||||||
11 | (3) any dispositional order issued under Section 5-710 | ||||||
12 | of the Juvenile Court Act of 1987, the imposition of | ||||||
13 | supervision, conditional discharge, probation, periodic | ||||||
14 | imprisonment, parole, aftercare release , or mandatory | ||||||
15 | supervised release for a crime of domestic violence, a | ||||||
16 | sexual offense , or stalking or an attempt to commit a crime | ||||||
17 | of domestic violence, a sexual offense, or stalking, or | ||||||
18 | imprisonment in conjunction with a bond forfeiture | ||||||
19 | warrant; or | ||||||
20 | (4) the entry of a protective order in a separate civil | ||||||
21 | case brought by the petitioner against the respondent. | ||||||
22 | (a-5) The respondent may rebut prima facie evidence of the | ||||||
23 | crime under paragraph (1) of subsection (a) of this Section by | ||||||
24 | presenting evidence of a meritorious defense. The respondent | ||||||
25 | shall file a written notice alleging a meritorious defense | ||||||
26 | which shall be verified and supported by affidavit. The |
| |||||||
| |||||||
1 | verified notice and affidavit shall set forth the evidence that | ||||||
2 | will be presented at a hearing. If the court finds that the | ||||||
3 | evidence presented at the hearing establishes a meritorious | ||||||
4 | defense by a preponderance of the evidence, the court may | ||||||
5 | decide not to issue a protective order. | ||||||
6 | (b) The petitioner shall not be denied a protective order | ||||||
7 | because the petitioner or the respondent is a minor. | ||||||
8 | (c) The court, when determining whether or not to issue a | ||||||
9 | protective order, may not require physical injury on the person | ||||||
10 | of the victim.
| ||||||
11 | (d) If the court issues a final protective order under this | ||||||
12 | Section, the court shall afford the petitioner and respondent | ||||||
13 | an opportunity to be heard on the remedies requested in the | ||||||
14 | petition. | ||||||
15 | (Source: P.A. 100-199, eff. 1-1-18 .)
| ||||||
16 | (725 ILCS 5/112A-12) (from Ch. 38, par. 112A-12)
| ||||||
17 | Sec. 112A-12. Transfer of issues not decided in cases | ||||||
18 | involving domestic violence.
| ||||||
19 | (a) (Blank).
| ||||||
20 | (a-5) A petition for a domestic violence order of | ||||||
21 | protection shall be treated as an expedited proceeding, and no | ||||||
22 | court shall transfer or otherwise decline to decide all or part | ||||||
23 | of the petition, except as otherwise provided in this Section. | ||||||
24 | Nothing in this Section shall prevent the court from reserving | ||||||
25 | issues when jurisdiction or notice requirements are not met. |
| |||||||
| |||||||
1 | (b) A criminal court may decline to decide contested
issues | ||||||
2 | of physical care and possession of a minor child, temporary | ||||||
3 | allocation of parental responsibilities or significant | ||||||
4 | decision-making responsibility, parenting time , custody, | ||||||
5 | visitation,
or family support, unless a decision on one or more | ||||||
6 | of those
contested issues is necessary to
avoid the risk of | ||||||
7 | abuse, neglect, removal from the State, state or concealment
| ||||||
8 | within the State state of the child or of separation of the | ||||||
9 | child from the primary
caretaker.
| ||||||
10 | (c) The court shall transfer to the appropriate court or | ||||||
11 | division any issue
it has
declined to decide. Any court may | ||||||
12 | transfer any matter which must be
tried by jury to a more | ||||||
13 | appropriate calendar or division.
| ||||||
14 | (d) If the court transfers or otherwise declines to decide | ||||||
15 | any issue,
judgment on that issue shall be expressly reserved | ||||||
16 | and ruling on other
issues shall not be delayed or declined.
| ||||||
17 | (Source: P.A. 100-199, eff. 1-1-18 .)
| ||||||
18 | (725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14)
| ||||||
19 | Sec. 112A-14. Domestic violence order Order of protection; | ||||||
20 | remedies.
| ||||||
21 | (a) (Blank).
| ||||||
22 | (b) The court may order any of the remedies listed in this | ||||||
23 | subsection (b) .
The remedies listed in this subsection (b) | ||||||
24 | shall be in addition to other civil
or criminal remedies | ||||||
25 | available to petitioner.
|
| |||||||
| |||||||
1 | (1) Prohibition of abuse. Prohibit respondent's | ||||||
2 | harassment,
interference with personal liberty, | ||||||
3 | intimidation of a dependent, physical
abuse , or willful | ||||||
4 | deprivation, as defined in this Article, if such abuse has
| ||||||
5 | occurred or otherwise appears likely to occur if not | ||||||
6 | prohibited.
| ||||||
7 | (2) Grant of exclusive possession of residence. | ||||||
8 | Prohibit respondent
from entering or remaining in any | ||||||
9 | residence, household, or premises of the petitioner,
| ||||||
10 | including one owned or leased by respondent, if petitioner | ||||||
11 | has a right
to occupancy thereof. The grant of exclusive | ||||||
12 | possession of the residence, household, or premises
shall | ||||||
13 | not affect title to real property, nor shall the court be | ||||||
14 | limited by
the standard set forth in Section 701 of the | ||||||
15 | Illinois Marriage and
Dissolution of Marriage Act.
| ||||||
16 | (A) Right to occupancy. A party has a right to | ||||||
17 | occupancy of a
residence or household if it is
solely | ||||||
18 | or jointly owned or leased by that party, that party's | ||||||
19 | spouse, a
person with a legal duty to support that | ||||||
20 | party or a minor child in that
party's care, or by any | ||||||
21 | person or entity other than the opposing party that
| ||||||
22 | authorizes that party's occupancy (e.g., a domestic | ||||||
23 | violence shelter).
Standards set forth in subparagraph | ||||||
24 | (B) shall not preclude equitable relief.
| ||||||
25 | (B) Presumption of hardships. If petitioner and | ||||||
26 | respondent
each has the right to occupancy of a |
| |||||||
| |||||||
1 | residence or household, the court
shall balance (i) the | ||||||
2 | hardships to respondent and any minor child or
| ||||||
3 | dependent adult in respondent's care resulting from | ||||||
4 | entry of this remedy with (ii)
the hardships to | ||||||
5 | petitioner and any minor child or dependent adult in
| ||||||
6 | petitioner's care resulting from continued exposure to | ||||||
7 | the risk of abuse (should
petitioner remain at the | ||||||
8 | residence or household) or from loss of possession
of | ||||||
9 | the residence or household (should petitioner leave to | ||||||
10 | avoid the risk
of abuse). When determining the balance | ||||||
11 | of hardships, the court shall also
take into account | ||||||
12 | the accessibility of the residence or household.
| ||||||
13 | Hardships need not be balanced if respondent does not | ||||||
14 | have a right to occupancy.
| ||||||
15 | The balance of hardships is presumed to favor | ||||||
16 | possession by
petitioner unless the presumption is | ||||||
17 | rebutted by a preponderance of the
evidence, showing | ||||||
18 | that the hardships to respondent substantially | ||||||
19 | outweigh
the hardships to petitioner and any minor | ||||||
20 | child or dependent adult in petitioner's
care. The | ||||||
21 | court, on the request of petitioner or on its own | ||||||
22 | motion,
may order respondent to provide suitable, | ||||||
23 | accessible, alternate housing
for petitioner instead | ||||||
24 | of
excluding respondent from a mutual residence or | ||||||
25 | household.
| ||||||
26 | (3) Stay away order and additional prohibitions.
Order |
| |||||||
| |||||||
1 | respondent to stay away from petitioner or any other person
| ||||||
2 | protected by the domestic violence order of protection, or | ||||||
3 | prohibit respondent from entering
or remaining present at | ||||||
4 | petitioner's school, place of employment, or other
| ||||||
5 | specified places at times when petitioner is present, or | ||||||
6 | both, if
reasonable, given
the balance of hardships. | ||||||
7 | Hardships need not be balanced for the court
to enter a | ||||||
8 | stay away order or prohibit entry
if respondent has no | ||||||
9 | right to enter the premises.
| ||||||
10 | (A) If a domestic violence an order of protection | ||||||
11 | grants petitioner exclusive possession
of the | ||||||
12 | residence, or prohibits respondent from entering the | ||||||
13 | residence,
or orders respondent to stay away from | ||||||
14 | petitioner or other
protected persons, then the court | ||||||
15 | may allow respondent access to the
residence to remove | ||||||
16 | items of clothing and personal adornment
used | ||||||
17 | exclusively by respondent, medications, and other | ||||||
18 | items as the court directs.
The right to access shall | ||||||
19 | be exercised on only one occasion as the court directs
| ||||||
20 | and in the presence of an agreed-upon adult third party | ||||||
21 | or law enforcement officer.
| ||||||
22 | (B) When the petitioner and the respondent attend | ||||||
23 | the same public, private, or non-public elementary, | ||||||
24 | middle, or high school, the court when issuing a | ||||||
25 | domestic violence an order of protection and providing | ||||||
26 | relief shall consider the severity of the act, any |
| |||||||
| |||||||
1 | continuing physical danger or emotional distress to | ||||||
2 | the petitioner, the educational rights guaranteed to | ||||||
3 | the petitioner and respondent under federal and State | ||||||
4 | law, the availability of a transfer of the respondent | ||||||
5 | to another school, a change of placement or a change of | ||||||
6 | program of the respondent, the expense, difficulty, | ||||||
7 | and educational disruption that would be caused by a | ||||||
8 | transfer of the respondent to another school, and any | ||||||
9 | other relevant facts of the case. The court may order | ||||||
10 | that the respondent not attend the public, private, or | ||||||
11 | non-public elementary, middle, or high school attended | ||||||
12 | by the petitioner, order that the respondent accept a | ||||||
13 | change of placement or change of program, as determined | ||||||
14 | by the school district or private or non-public school, | ||||||
15 | or place restrictions on the respondent's movements | ||||||
16 | within the school attended by the petitioner. The | ||||||
17 | respondent bears the burden of proving by a | ||||||
18 | preponderance of the evidence that a transfer, change | ||||||
19 | of placement, or change of program of the respondent is | ||||||
20 | not available. The respondent also bears the burden of | ||||||
21 | production with respect to the expense, difficulty, | ||||||
22 | and educational disruption that would be caused by a | ||||||
23 | transfer of the respondent to another school. A | ||||||
24 | transfer, change of placement, or change of program is | ||||||
25 | not unavailable to the respondent solely on the ground | ||||||
26 | that the respondent does not agree with the school |
| |||||||
| |||||||
1 | district's or private or non-public school's transfer, | ||||||
2 | change of placement, or change of program or solely on | ||||||
3 | the ground that the respondent fails or refuses to | ||||||
4 | consent or otherwise does not take an action required | ||||||
5 | to effectuate a transfer, change of placement, or | ||||||
6 | change of program. When a court orders a respondent to | ||||||
7 | stay away from the public, private, or non-public | ||||||
8 | school attended by the petitioner and the respondent | ||||||
9 | requests a transfer to another attendance center | ||||||
10 | within the respondent's school district or private or | ||||||
11 | non-public school, the school district or private or | ||||||
12 | non-public school shall have sole discretion to | ||||||
13 | determine the attendance center to which the | ||||||
14 | respondent is transferred. If the court order results | ||||||
15 | in a transfer of the minor respondent to another | ||||||
16 | attendance center, a change in the respondent's | ||||||
17 | placement, or a change of the respondent's program, the | ||||||
18 | parents, guardian, or legal custodian of the | ||||||
19 | respondent is responsible for transportation and other | ||||||
20 | costs associated with the transfer or change. | ||||||
21 | (C) The court may order the parents, guardian, or | ||||||
22 | legal custodian of a minor respondent to take certain | ||||||
23 | actions or to refrain from taking certain actions to | ||||||
24 | ensure that the respondent complies with the order. If | ||||||
25 | the court orders a transfer of the respondent to | ||||||
26 | another school, the parents, guardian, or legal |
| |||||||
| |||||||
1 | custodian of the respondent is responsible for | ||||||
2 | transportation and other costs associated with the | ||||||
3 | change of school by the respondent. | ||||||
4 | (4) Counseling. Require or recommend the respondent to | ||||||
5 | undergo
counseling for a specified duration with a social | ||||||
6 | worker, psychologist,
clinical psychologist, psychiatrist, | ||||||
7 | family service agency, alcohol or
substance abuse program, | ||||||
8 | mental health center guidance counselor, agency
providing | ||||||
9 | services to elders, program designed for domestic violence
| ||||||
10 | abusers or any other guidance service the court deems | ||||||
11 | appropriate. The court may order the respondent in any | ||||||
12 | intimate partner relationship to report to an Illinois | ||||||
13 | Department of Human Services protocol approved partner | ||||||
14 | abuse intervention program for an assessment and to follow | ||||||
15 | all recommended treatment.
| ||||||
16 | (5) Physical care and possession of the minor child. In | ||||||
17 | order to protect
the minor child from abuse, neglect, or | ||||||
18 | unwarranted separation from the person
who has been the | ||||||
19 | minor child's primary caretaker, or to otherwise protect | ||||||
20 | the
well-being of the minor child, the court may do either | ||||||
21 | or both of the following:
(i) grant petitioner physical | ||||||
22 | care or possession of the minor child, or both, or
(ii) | ||||||
23 | order respondent to return a minor child to, or not remove | ||||||
24 | a minor child
from, the physical care of a parent or person | ||||||
25 | in loco parentis.
| ||||||
26 | If the respondent is charged with abuse
(as defined in |
| |||||||
| |||||||
1 | Section 112A-3 of this Code ) of a minor child, there shall | ||||||
2 | be a
rebuttable presumption that awarding physical care to | ||||||
3 | respondent would not
be in the minor child's best interest.
| ||||||
4 | (6) Temporary allocation of parental responsibilities | ||||||
5 | and significant decision-making responsibilities legal | ||||||
6 | custody .
Award temporary significant decision-making | ||||||
7 | responsibility legal custody to petitioner in accordance | ||||||
8 | with this Section,
the Illinois Marriage
and Dissolution of | ||||||
9 | Marriage Act, the Illinois Parentage Act of 2015,
and this | ||||||
10 | State's Uniform Child-Custody
Jurisdiction and Enforcement | ||||||
11 | Act.
| ||||||
12 | If the respondent
is charged with abuse (as defined in | ||||||
13 | Section 112A-3 of this Code ) of a
minor child, there shall | ||||||
14 | be a rebuttable presumption that awarding
temporary | ||||||
15 | significant decision-making responsibility legal custody | ||||||
16 | to respondent would not be in the
child's best interest.
| ||||||
17 | (7) Parenting time Visitation . Determine the parenting | ||||||
18 | time
visitation rights , if any, of respondent in any case | ||||||
19 | in which the court
awards physical care or temporary | ||||||
20 | significant decision-making responsibility legal custody | ||||||
21 | of a minor child to
petitioner. The court shall restrict or | ||||||
22 | deny respondent's parenting time visitation with
a minor | ||||||
23 | child if
the court finds that respondent has done or is | ||||||
24 | likely to do any of the
following: | ||||||
25 | (i) abuse or endanger the minor child during | ||||||
26 | parenting time visitation ; |
| |||||||
| |||||||
1 | (ii) use the parenting time
visitation as an | ||||||
2 | opportunity to abuse or harass petitioner or
| ||||||
3 | petitioner's family or household members; | ||||||
4 | (iii) improperly conceal or
detain the minor | ||||||
5 | child; or | ||||||
6 | (iv) otherwise act in a manner that is not in
the | ||||||
7 | best interests of the minor child. | ||||||
8 | The court shall not be limited by the
standards set | ||||||
9 | forth in Section 603.10 607.1 of the Illinois Marriage and
| ||||||
10 | Dissolution of Marriage Act. If the court grants parenting | ||||||
11 | time visitation , the order
shall specify dates and times | ||||||
12 | for the parenting time visitation to take place or other
| ||||||
13 | specific parameters or conditions that are appropriate. No | ||||||
14 | order for parenting time
visitation shall refer merely to | ||||||
15 | the term "reasonable parenting time" "reasonable | ||||||
16 | visitation" . Petitioner may deny respondent access to the | ||||||
17 | minor child if, when
respondent arrives for parenting time | ||||||
18 | visitation , respondent is under the influence of drugs
or | ||||||
19 | alcohol and constitutes a threat to the safety and | ||||||
20 | well-being of
petitioner or petitioner's minor children or | ||||||
21 | is behaving in a violent or abusive manner. If necessary to | ||||||
22 | protect any member of petitioner's family or
household from | ||||||
23 | future abuse, respondent shall be prohibited from coming to
| ||||||
24 | petitioner's residence to meet the minor child for | ||||||
25 | parenting time visitation , and the petitioner and | ||||||
26 | respondent
parties shall submit to the court their |
| |||||||
| |||||||
1 | recommendations for reasonable
alternative arrangements | ||||||
2 | for parenting time visitation . A person may be approved to
| ||||||
3 | supervise parenting time visitation only after filing an | ||||||
4 | affidavit accepting
that responsibility and acknowledging | ||||||
5 | accountability to the court.
| ||||||
6 | (8) Removal or concealment of minor child.
Prohibit | ||||||
7 | respondent from
removing a minor child from the State or | ||||||
8 | concealing the child within the
State.
| ||||||
9 | (9) Order to appear. Order the respondent to
appear in | ||||||
10 | court, alone
or with a minor child, to prevent abuse, | ||||||
11 | neglect, removal or concealment of
the child, to return the | ||||||
12 | child to the custody or care of the petitioner , or
to | ||||||
13 | permit any court-ordered interview or examination of the | ||||||
14 | child or the
respondent.
| ||||||
15 | (10) Possession of personal property. Grant petitioner | ||||||
16 | exclusive
possession of personal property and, if | ||||||
17 | respondent has possession or
control, direct respondent to | ||||||
18 | promptly make it available to petitioner, if:
| ||||||
19 | (i) petitioner, but not respondent, owns the | ||||||
20 | property; or
| ||||||
21 | (ii) the petitioner and respondent parties own the | ||||||
22 | property jointly; sharing it would risk
abuse of | ||||||
23 | petitioner by respondent or is impracticable; and the | ||||||
24 | balance of
hardships favors temporary possession by | ||||||
25 | petitioner.
| ||||||
26 | If petitioner's sole claim to ownership of the property |
| |||||||
| |||||||
1 | is that it is
marital property, the court may award | ||||||
2 | petitioner temporary possession
thereof under the | ||||||
3 | standards of subparagraph (ii) of this paragraph only if
a | ||||||
4 | proper proceeding has been filed under the Illinois | ||||||
5 | Marriage and
Dissolution of Marriage Act, as now or | ||||||
6 | hereafter amended.
| ||||||
7 | No order under this provision shall affect title to | ||||||
8 | property.
| ||||||
9 | (11) Protection of property. Forbid the respondent | ||||||
10 | from taking,
transferring, encumbering, concealing, | ||||||
11 | damaging , or otherwise disposing of
any real or personal | ||||||
12 | property, except as explicitly authorized by the
court, if:
| ||||||
13 | (i) petitioner, but not respondent, owns the | ||||||
14 | property; or
| ||||||
15 | (ii) the petitioner and respondent parties own the | ||||||
16 | property jointly,
and the balance of hardships favors | ||||||
17 | granting this remedy.
| ||||||
18 | If petitioner's sole claim to ownership of the property | ||||||
19 | is that it is
marital property, the court may grant | ||||||
20 | petitioner relief under subparagraph
(ii) of this | ||||||
21 | paragraph only if a proper proceeding has been filed under | ||||||
22 | the
Illinois Marriage and Dissolution of Marriage Act, as | ||||||
23 | now or hereafter amended.
| ||||||
24 | The court may further prohibit respondent from | ||||||
25 | improperly using the
financial or other resources of an | ||||||
26 | aged member of the family or household
for the profit or |
| |||||||
| |||||||
1 | advantage of respondent or of any other person.
| ||||||
2 | (11.5) Protection of animals. Grant the petitioner the | ||||||
3 | exclusive care, custody, or control of any animal owned, | ||||||
4 | possessed, leased, kept, or held by either the petitioner | ||||||
5 | or the respondent or a minor child residing in the | ||||||
6 | residence or household of either the petitioner or the | ||||||
7 | respondent and order the respondent to stay away from the | ||||||
8 | animal and forbid the respondent from taking, | ||||||
9 | transferring, encumbering, concealing, harming, or | ||||||
10 | otherwise disposing of the animal.
| ||||||
11 | (12) Order for payment of support. Order
respondent to | ||||||
12 | pay temporary
support for the petitioner or any child in | ||||||
13 | the petitioner's care or over whom the petitioner has been | ||||||
14 | allocated parental responsibility
custody , when the | ||||||
15 | respondent has a legal obligation to support that person,
| ||||||
16 | in accordance with the Illinois Marriage and Dissolution
of | ||||||
17 | Marriage Act, which shall govern, among other matters, the | ||||||
18 | amount of
support, payment through the clerk and | ||||||
19 | withholding of income to secure
payment. An order for child | ||||||
20 | support may be granted to a petitioner with
lawful physical | ||||||
21 | care or custody of a child, or an order or agreement for
| ||||||
22 | physical care of a child or custody , prior to entry of an | ||||||
23 | order allocating significant decision-making | ||||||
24 | responsibility for legal custody .
Such a support order | ||||||
25 | shall expire upon entry of a valid order allocating | ||||||
26 | parental responsibility differently and vacating |
| |||||||
| |||||||
1 | petitioner's significant decision-making responsibility | ||||||
2 | granting
legal custody to another, unless otherwise | ||||||
3 | provided in the custody order.
| ||||||
4 | (13) Order for payment of losses. Order
respondent to | ||||||
5 | pay petitioner
for losses suffered as a direct result of | ||||||
6 | the abuse. Such losses shall
include, but not be limited | ||||||
7 | to, medical expenses, lost earnings or other
support, | ||||||
8 | repair or replacement of property damaged or taken, | ||||||
9 | reasonable
attorney's fees, court costs , and moving or | ||||||
10 | other travel expenses, including
additional reasonable | ||||||
11 | expenses for temporary shelter and restaurant meals.
| ||||||
12 | (i) Losses affecting family needs. If a party is | ||||||
13 | entitled to seek
maintenance, child support , or | ||||||
14 | property distribution from the other party
under the | ||||||
15 | Illinois Marriage and Dissolution of Marriage Act, as | ||||||
16 | now or
hereafter amended, the court may order | ||||||
17 | respondent to reimburse petitioner's
actual losses, to | ||||||
18 | the extent that such reimbursement would be | ||||||
19 | "appropriate
temporary relief", as authorized by | ||||||
20 | subsection (a)(3) of
Section 501 of that Act.
| ||||||
21 | (ii) Recovery of expenses. In the case of an | ||||||
22 | improper concealment
or removal of a minor child, the | ||||||
23 | court may order respondent to pay the reasonable
| ||||||
24 | expenses incurred or to be incurred in the search for | ||||||
25 | and recovery of the
minor child, including , but not | ||||||
26 | limited to , legal fees, court costs, private
|
| |||||||
| |||||||
1 | investigator fees, and travel costs.
| ||||||
2 | (14) Prohibition of entry. Prohibit the respondent | ||||||
3 | from entering or
remaining in the residence or household | ||||||
4 | while the respondent is under the
influence of alcohol or | ||||||
5 | drugs and constitutes a threat to the safety and
well-being | ||||||
6 | of the petitioner or the petitioner's children.
| ||||||
7 | (14.5) Prohibition of firearm possession. | ||||||
8 | (A) A person who is subject to an existing domestic | ||||||
9 | violence order of protection , issued under this Code | ||||||
10 | may not lawfully possess weapons under Section 8.2 of | ||||||
11 | the Firearm Owners Identification Card Act. | ||||||
12 | (B) Any firearms in the
possession of the | ||||||
13 | respondent, except as provided in subparagraph (C) of | ||||||
14 | this paragraph (14.5), shall be ordered by the court to | ||||||
15 | be turned
over to a person with a valid Firearm Owner's | ||||||
16 | Identification Card for safekeeping. The court shall | ||||||
17 | issue an order that the respondent's Firearm Owner's | ||||||
18 | Identification Card be turned over to the local law | ||||||
19 | enforcement agency, which in turn shall immediately | ||||||
20 | mail the card to the Department of State Police Firearm | ||||||
21 | Owner's Identification Card Office for safekeeping.
| ||||||
22 | The period of safekeeping shall be for the duration of | ||||||
23 | the domestic violence order of protection. The firearm | ||||||
24 | or firearms and Firearm Owner's Identification Card, | ||||||
25 | if unexpired, shall at the respondent's request be | ||||||
26 | returned to the respondent at expiration of the |
| |||||||
| |||||||
1 | domestic violence order of protection.
| ||||||
2 | (C) If the respondent is a peace officer as defined | ||||||
3 | in Section 2-13 of
the
Criminal Code of 2012, the court | ||||||
4 | shall order that any firearms used by the
respondent in | ||||||
5 | the performance of his or her duties as a
peace officer | ||||||
6 | be surrendered to
the chief law enforcement executive | ||||||
7 | of the agency in which the respondent is
employed, who | ||||||
8 | shall retain the firearms for safekeeping for the | ||||||
9 | duration of the domestic violence order of protection.
| ||||||
10 | (D) Upon expiration of the period of safekeeping, | ||||||
11 | if the firearms or Firearm Owner's Identification Card | ||||||
12 | cannot be returned to respondent because respondent | ||||||
13 | cannot be located, fails to respond to requests to | ||||||
14 | retrieve the firearms, or is not lawfully eligible to | ||||||
15 | possess a firearm, upon petition from the local law | ||||||
16 | enforcement agency, the court may order the local law | ||||||
17 | enforcement agency to destroy the firearms, use the | ||||||
18 | firearms for training purposes, or for any other | ||||||
19 | application as deemed appropriate by the local law | ||||||
20 | enforcement agency; or that the firearms be turned over | ||||||
21 | to a third party who is lawfully eligible to possess | ||||||
22 | firearms, and who does not reside with respondent. | ||||||
23 | (15) Prohibition of access to records. If a domestic | ||||||
24 | violence an order of protection
prohibits respondent from | ||||||
25 | having contact with the minor child,
or if petitioner's | ||||||
26 | address is omitted under subsection (b) of
Section 112A-5 |
| |||||||
| |||||||
1 | of this Code , or if necessary to prevent abuse or wrongful | ||||||
2 | removal or
concealment of a minor child, the order shall | ||||||
3 | deny respondent access to, and
prohibit respondent from | ||||||
4 | inspecting, obtaining, or attempting to
inspect or obtain, | ||||||
5 | school or any other records of the minor child
who is in | ||||||
6 | the care of petitioner.
| ||||||
7 | (16) Order for payment of shelter services. Order | ||||||
8 | respondent to
reimburse a shelter providing temporary | ||||||
9 | housing and counseling services to
the petitioner for the | ||||||
10 | cost of the services, as certified by the shelter
and | ||||||
11 | deemed reasonable by the court.
| ||||||
12 | (17) Order for injunctive relief. Enter injunctive | ||||||
13 | relief necessary
or appropriate to prevent further abuse of | ||||||
14 | a family or household member or
to effectuate one of the | ||||||
15 | granted remedies, if supported by the balance of
hardships. | ||||||
16 | If the harm to be prevented by the injunction is abuse or | ||||||
17 | any
other harm that one of the remedies listed in | ||||||
18 | paragraphs (1) through (16)
of this subsection is designed | ||||||
19 | to prevent, no further evidence is necessary
to establish | ||||||
20 | that the harm is an irreparable injury.
| ||||||
21 | (18) Telephone services. | ||||||
22 | (A) Unless a condition described in subparagraph | ||||||
23 | (B) of this paragraph exists, the court may, upon | ||||||
24 | request by the petitioner, order a wireless telephone | ||||||
25 | service provider to transfer to the petitioner the | ||||||
26 | right to continue to use a telephone number or numbers |
| |||||||
| |||||||
1 | indicated by the petitioner and the financial | ||||||
2 | responsibility associated with the number or numbers, | ||||||
3 | as set forth in subparagraph (C) of this paragraph. In | ||||||
4 | For purposes of this paragraph (18), the term "wireless | ||||||
5 | telephone service provider" means a provider of | ||||||
6 | commercial mobile service as defined in 47 U.S.C. 332. | ||||||
7 | The petitioner may request the transfer of each | ||||||
8 | telephone number that the petitioner, or a minor child | ||||||
9 | in his or her custody, uses. The clerk of the court | ||||||
10 | shall serve the order on the wireless telephone service | ||||||
11 | provider's agent for service of process provided to the | ||||||
12 | Illinois Commerce Commission. The order shall contain | ||||||
13 | all of the following: | ||||||
14 | (i) The name and billing telephone number of | ||||||
15 | the account holder including the name of the | ||||||
16 | wireless telephone service provider that serves | ||||||
17 | the account. | ||||||
18 | (ii) Each telephone number that will be | ||||||
19 | transferred. | ||||||
20 | (iii) A statement that the provider transfers | ||||||
21 | to the petitioner all financial responsibility for | ||||||
22 | and right to the use of any telephone number | ||||||
23 | transferred under this paragraph. | ||||||
24 | (B) A wireless telephone service provider shall | ||||||
25 | terminate the respondent's use of, and shall transfer | ||||||
26 | to the petitioner use of, the telephone number or |
| |||||||
| |||||||
1 | numbers indicated in subparagraph (A) of this | ||||||
2 | paragraph unless it notifies the petitioner, within 72 | ||||||
3 | hours after it receives the order, that one of the | ||||||
4 | following applies: | ||||||
5 | (i) The account holder named in the order has | ||||||
6 | terminated the account. | ||||||
7 | (ii) A difference in network technology would | ||||||
8 | prevent or impair the functionality of a device on | ||||||
9 | a network if the transfer occurs. | ||||||
10 | (iii) The transfer would cause a geographic or | ||||||
11 | other limitation on network or service provision | ||||||
12 | to the petitioner. | ||||||
13 | (iv) Another technological or operational | ||||||
14 | issue would prevent or impair the use of the | ||||||
15 | telephone number if the transfer occurs. | ||||||
16 | (C) The petitioner assumes all financial | ||||||
17 | responsibility for and right to the use of any | ||||||
18 | telephone number transferred under this paragraph. In | ||||||
19 | this paragraph, "financial responsibility" includes | ||||||
20 | monthly service costs and costs associated with any | ||||||
21 | mobile device associated with the number. | ||||||
22 | (D) A wireless telephone service provider may | ||||||
23 | apply to the petitioner its routine and customary | ||||||
24 | requirements for establishing an account or | ||||||
25 | transferring a number, including requiring the | ||||||
26 | petitioner to provide proof of identification, |
| |||||||
| |||||||
1 | financial information, and customer preferences.
| ||||||
2 | (E) Except for willful or wanton misconduct, a | ||||||
3 | wireless telephone service provider is immune from | ||||||
4 | civil liability for its actions taken in compliance | ||||||
5 | with a court order issued under this paragraph. | ||||||
6 | (F) All wireless service providers that provide | ||||||
7 | services to residential customers shall provide to the | ||||||
8 | Illinois Commerce Commission the name and address of an | ||||||
9 | agent for service of orders entered under this | ||||||
10 | paragraph (18). Any change in status of the registered | ||||||
11 | agent must be reported to the Illinois Commerce | ||||||
12 | Commission within 30 days of such change. | ||||||
13 | (G) The Illinois Commerce Commission shall | ||||||
14 | maintain the list of registered agents for service for | ||||||
15 | each wireless telephone service provider on the | ||||||
16 | Commission's website. The Commission may consult with | ||||||
17 | wireless telephone service providers and the Circuit | ||||||
18 | Court Clerks on the manner in which this information is | ||||||
19 | provided and displayed. | ||||||
20 | (c) Relevant factors; findings.
| ||||||
21 | (1) In determining whether to grant a
specific remedy, | ||||||
22 | other than payment of support, the
court shall consider | ||||||
23 | relevant factors, including , but not limited to , the
| ||||||
24 | following:
| ||||||
25 | (i) the nature, frequency, severity, pattern , and | ||||||
26 | consequences of the
respondent's past abuse of the |
| |||||||
| |||||||
1 | petitioner or any family or household
member, | ||||||
2 | including the concealment of his or her location in | ||||||
3 | order to evade
service of process or notice, and the | ||||||
4 | likelihood of danger of future abuse to
petitioner or
| ||||||
5 | any member of petitioner's or respondent's family or | ||||||
6 | household; and
| ||||||
7 | (ii) the danger that any minor child will be abused | ||||||
8 | or neglected or
improperly relocated removed from the | ||||||
9 | jurisdiction, improperly concealed within the
State or | ||||||
10 | improperly separated from the child's primary | ||||||
11 | caretaker.
| ||||||
12 | (2) In comparing relative hardships resulting to the | ||||||
13 | parties from loss
of possession of the family home, the | ||||||
14 | court shall consider relevant
factors, including , but not | ||||||
15 | limited to , the following:
| ||||||
16 | (i) availability, accessibility, cost, safety, | ||||||
17 | adequacy, location and other
characteristics of | ||||||
18 | alternate housing for each party and any minor child or
| ||||||
19 | dependent adult in the party's care;
| ||||||
20 | (ii) the effect on the party's employment; and
| ||||||
21 | (iii) the effect on the relationship of the party, | ||||||
22 | and any minor
child or dependent adult in the party's | ||||||
23 | care, to family, school, church ,
and community.
| ||||||
24 | (3) Subject to the exceptions set forth in paragraph | ||||||
25 | (4) of this
subsection (c) , the court shall make its | ||||||
26 | findings in an official record or in
writing, and shall at |
| |||||||
| |||||||
1 | a minimum set forth the following:
| ||||||
2 | (i) That the court has considered the applicable | ||||||
3 | relevant factors
described in paragraphs (1) and (2) of | ||||||
4 | this subsection (c) .
| ||||||
5 | (ii) Whether the conduct or actions of respondent, | ||||||
6 | unless
prohibited, will likely cause irreparable harm | ||||||
7 | or continued abuse.
| ||||||
8 | (iii) Whether it is necessary to grant the | ||||||
9 | requested relief in order
to protect petitioner or | ||||||
10 | other alleged abused persons.
| ||||||
11 | (4) (Blank).
| ||||||
12 | (5) Never married parties. No rights or | ||||||
13 | responsibilities for a minor
child born outside of marriage | ||||||
14 | attach to a putative father until a father and
child | ||||||
15 | relationship has been established under the Illinois | ||||||
16 | Parentage Act of
1984 , or under the Illinois Parentage Act | ||||||
17 | of 2015 , the Illinois Public Aid Code, Section 12 of the | ||||||
18 | Vital Records Act, the Juvenile Court Act of 1987, the | ||||||
19 | Probate Act of 1975, the Uniform Interstate Family Support | ||||||
20 | Act, the Expedited Child Support Act of 1990, any judicial, | ||||||
21 | administrative, or other act of another state or territory, | ||||||
22 | any other statute of this State, or by any foreign nation | ||||||
23 | establishing the father and child relationship, any other | ||||||
24 | proceeding substantially in conformity with the federal | ||||||
25 | Personal Responsibility and Work Opportunity | ||||||
26 | Reconciliation Act of 1996, or when both parties appeared |
| |||||||
| |||||||
1 | in open court or at an administrative hearing acknowledging | ||||||
2 | under oath or admitting by affirmation the existence of a | ||||||
3 | father and child relationship on and after the effective | ||||||
4 | date of that Act . Absent such an adjudication, no putative | ||||||
5 | father shall be granted
temporary allocation of parental | ||||||
6 | responsibilities, including parenting time custody of the | ||||||
7 | minor child, visitation with the minor child, or
physical | ||||||
8 | care
and possession of the minor child, nor shall
an order | ||||||
9 | of payment for support of the minor child be entered.
| ||||||
10 | (d) Balance of hardships; findings. If the court finds that | ||||||
11 | the balance
of hardships does not support the granting of a | ||||||
12 | remedy governed by
paragraph (2), (3), (10), (11), or (16) of
| ||||||
13 | subsection (b) of this Section,
which may require such | ||||||
14 | balancing, the court's findings shall so
indicate and shall | ||||||
15 | include a finding as to whether granting the remedy will
result | ||||||
16 | in hardship to respondent that would substantially outweigh the | ||||||
17 | hardship
to petitioner
from denial of the remedy. The findings | ||||||
18 | shall be an official record or in
writing.
| ||||||
19 | (e) Denial of remedies. Denial of any remedy shall not be | ||||||
20 | based, in
whole or in part, on evidence that:
| ||||||
21 | (1) respondent Respondent has cause for any use of | ||||||
22 | force, unless that cause
satisfies the standards for | ||||||
23 | justifiable use of force provided by Article
7 of the | ||||||
24 | Criminal Code of 2012;
| ||||||
25 | (2) respondent Respondent was voluntarily intoxicated;
| ||||||
26 | (3) petitioner Petitioner acted in self-defense or |
| |||||||
| |||||||
1 | defense of another, provided
that, if petitioner utilized | ||||||
2 | force, such force was justifiable under
Article 7 of the | ||||||
3 | Criminal Code of 2012;
| ||||||
4 | (4) petitioner Petitioner did not act in self-defense | ||||||
5 | or defense of another;
| ||||||
6 | (5) petitioner Petitioner left the residence or | ||||||
7 | household to avoid further abuse
by respondent;
| ||||||
8 | (6) petitioner Petitioner did not leave the residence | ||||||
9 | or household to avoid further
abuse by respondent; or
| ||||||
10 | (7) conduct Conduct by any family or household member | ||||||
11 | excused the abuse by
respondent, unless that same conduct | ||||||
12 | would have excused such abuse if the
parties had not been | ||||||
13 | family or household members.
| ||||||
14 | (Source: P.A. 99-85, eff. 1-1-16; 100-199, eff. 1-1-18; | ||||||
15 | 100-388, eff. 1-1-18; revised 10-10-17.)
| ||||||
16 | (725 ILCS 5/112A-16) (from Ch. 38, par. 112A-16)
| ||||||
17 | Sec. 112A-16. Accountability for Actions of Others. For the | ||||||
18 | purposes of
issuing a domestic violence an order of protection,
| ||||||
19 | deciding what remedies should be included and enforcing the | ||||||
20 | order, Article
5 of the Criminal Code of 2012 shall govern | ||||||
21 | whether respondent is legally
accountable for the conduct of | ||||||
22 | another person.
| ||||||
23 | (Source: P.A. 97-1150, eff. 1-25-13.)
| ||||||
24 | (725 ILCS 5/112A-17.5 new) |
| |||||||
| |||||||
1 | Sec. 112A-17.5. Ex parte protective orders. | ||||||
2 | (a) The petitioner may request expedited consideration of | ||||||
3 | the petition for an ex parte protective order. The court shall | ||||||
4 | consider the request on an expedited basis without requiring | ||||||
5 | the respondent's presence or requiring notice to the | ||||||
6 | respondent. | ||||||
7 | (b) Issuance of ex parte protective orders in cases | ||||||
8 | involving domestic violence. An ex parte domestic violence | ||||||
9 | order of protection shall be issued if petitioner satisfies the | ||||||
10 | requirements of this subsection (b) for one or more of the | ||||||
11 | requested remedies. For each remedy requested, petitioner | ||||||
12 | shall establish that: | ||||||
13 | (1) the court has jurisdiction under Section 112A-9 of | ||||||
14 | this Code; | ||||||
15 | (2) the requirements of subsection (a) of Section | ||||||
16 | 112A-11.5 of this Code are satisfied; and | ||||||
17 | (3) there is good cause to grant the remedy, regardless | ||||||
18 | of prior service of process or notice upon the respondent, | ||||||
19 | because: | ||||||
20 | (A) for the remedy of prohibition of abuse | ||||||
21 | described in paragraph (1) of subsection (b) of Section | ||||||
22 | 112A-14 of this Code; stay away order and additional | ||||||
23 | prohibitions described in paragraph (3) of subsection | ||||||
24 | (b) of Section 112A-14 of this Code; removal or | ||||||
25 | concealment of minor child described in paragraph (8) | ||||||
26 | of subsection (b) of Section 112A-14 of this Code; |
| |||||||
| |||||||
1 | order to appear described in paragraph (9) of | ||||||
2 | subsection (b) of Section 112A-14 of this Code; | ||||||
3 | physical care and possession of the minor child | ||||||
4 | described in paragraph (5) of subsection (b) of Section | ||||||
5 | 112A-14 of this Code; protection of property described | ||||||
6 | in paragraph (11) of subsection (b) of Section 112A-14 | ||||||
7 | of this Code; prohibition of entry described in | ||||||
8 | paragraph (14) of subsection (b) of Section 112A-14 of | ||||||
9 | this Code; prohibition of firearm possession described | ||||||
10 | in paragraph (14.5) of subsection (b) of Section | ||||||
11 | 112A-14 of this Code; prohibition of access to records | ||||||
12 | described in paragraph (15) of subsection (b) of | ||||||
13 | Section 112A-14 of this Code; injunctive relief | ||||||
14 | described in paragraph (16) of subsection (b) of | ||||||
15 | Section 112A-14 of this Code; and telephone services | ||||||
16 | described in paragraph (18) of subsection (b) of | ||||||
17 | Section 112A-14 of this Code, the harm which that | ||||||
18 | remedy is intended to prevent would be likely to occur | ||||||
19 | if the respondent were given any prior notice, or | ||||||
20 | greater notice than was actually given, of the | ||||||
21 | petitioner's efforts to obtain judicial relief; | ||||||
22 | (B) for the remedy of grant of exclusive possession | ||||||
23 | of residence described in paragraph (2) of subsection | ||||||
24 | (b) of Section 112A-14 of this Code; the immediate | ||||||
25 | danger of further abuse of the petitioner by the | ||||||
26 | respondent, if the petitioner chooses or had chosen to |
| |||||||
| |||||||
1 | remain in the residence or household while the | ||||||
2 | respondent was given any prior notice or greater notice | ||||||
3 | than was actually given of the petitioner's efforts to | ||||||
4 | obtain judicial relief outweighs the hardships to the | ||||||
5 | respondent of an emergency order granting the | ||||||
6 | petitioner exclusive possession of the residence or | ||||||
7 | household; and the remedy shall not be denied because | ||||||
8 | the petitioner has or could obtain temporary shelter | ||||||
9 | elsewhere while prior notice is given to the | ||||||
10 | respondent, unless the hardship to the respondent from | ||||||
11 | exclusion from the home substantially outweigh the | ||||||
12 | hardship to the petitioner; or | ||||||
13 | (C) for the remedy of possession of personal | ||||||
14 | property described in paragraph (10) of subsection (b) | ||||||
15 | of Section 112A-14 of this Code; improper disposition | ||||||
16 | of the personal property would be likely to occur if | ||||||
17 | the respondent were given any prior notice, or greater | ||||||
18 | notice than was actually given, of the petitioner's | ||||||
19 | efforts to obtain judicial relief or the petitioner has | ||||||
20 | an immediate and pressing need for the possession of | ||||||
21 | that property. | ||||||
22 | An ex parte domestic violence order of protection may not | ||||||
23 | include the counseling, custody, or payment of support or | ||||||
24 | monetary compensation remedies provided by paragraphs (4), | ||||||
25 | (12), (13), and (16) of subsection (b) of Section 112A-14 of | ||||||
26 | this Code. |
| |||||||
| |||||||
1 | (c) Issuance of ex parte civil no contact order in cases | ||||||
2 | involving sexual offenses. An ex parte civil no contact order | ||||||
3 | shall be issued if the petitioner establishes that: | ||||||
4 | (1) the court has jurisdiction under Section 112A-9 of | ||||||
5 | this Code; | ||||||
6 | (2) the requirements of subsection (a) of Section | ||||||
7 | 112A-11.5 of this Code are satisfied; and | ||||||
8 | (3) there is good cause to grant the remedy, regardless | ||||||
9 | of prior service of process or of notice upon the | ||||||
10 | respondent, because the harm which that remedy is intended | ||||||
11 | to prevent would be likely to occur if the respondent were | ||||||
12 | given any prior notice, or greater notice than was actually | ||||||
13 | given, of the petitioner's efforts to obtain judicial | ||||||
14 | relief. | ||||||
15 | The court may order any of the remedies under Section | ||||||
16 | 112A-14.5 of this Code. | ||||||
17 | (d) Issuance of ex parte stalking no contact order in cases | ||||||
18 | involving stalking offenses. An ex parte stalking no contact | ||||||
19 | order shall be issued if the petitioner establishes that: | ||||||
20 | (1) the court has jurisdiction under Section 112A-9 of | ||||||
21 | this Code; | ||||||
22 | (2) the requirements of subsection (a) of Section | ||||||
23 | 112A-11.5 of this Code are satisfied; and | ||||||
24 | (3) there is good cause to grant the remedy, regardless | ||||||
25 | of prior service of process or of notice upon the | ||||||
26 | respondent, because the harm which that remedy is intended |
| |||||||
| |||||||
1 | to prevent would be likely to occur if the respondent were | ||||||
2 | given any prior notice, or greater notice than was actually | ||||||
3 | given, of the petitioner's efforts to obtain judicial | ||||||
4 | relief. | ||||||
5 | The court may order any of the remedies under Section | ||||||
6 | 112A-14.7 of this Code. | ||||||
7 | (e) Issuance of ex parte protective orders on court | ||||||
8 | holidays and evenings. | ||||||
9 | When the court is unavailable at the close of business, the | ||||||
10 | petitioner may file a petition for an ex parte protective order | ||||||
11 | before any available circuit judge or associate judge who may | ||||||
12 | grant relief under this Article. If the judge finds that | ||||||
13 | petitioner has satisfied the prerequisites in subsection (b), | ||||||
14 | (c), or (d) of this Section, the judge shall issue an ex parte | ||||||
15 | protective order. | ||||||
16 | The chief judge of the circuit court may designate for each | ||||||
17 | county in the circuit at least one judge to be reasonably | ||||||
18 | available to issue orally, by telephone, by facsimile, or | ||||||
19 | otherwise, an ex parte protective order at all times, whether | ||||||
20 | or not the court is in session. | ||||||
21 | The judge who issued the order under this Section shall | ||||||
22 | promptly communicate or convey the order to the sheriff to | ||||||
23 | facilitate the entry of the order into the Law Enforcement | ||||||
24 | Agencies Data System by the Department of State Police under | ||||||
25 | Section 112A-28 of this Code. Any order issued under this | ||||||
26 | Section and any documentation in support of it shall be |
| |||||||
| |||||||
1 | certified on the next court day to the appropriate court. The | ||||||
2 | clerk of that court shall immediately assign a case number, | ||||||
3 | file the petition, order, and other documents with the court | ||||||
4 | and enter the order of record and file it with the sheriff for | ||||||
5 | service under subsection (f) of this Section. Failure to comply | ||||||
6 | with the requirements of this subsection (e) shall not affect | ||||||
7 | the validity of the order. | ||||||
8 | (f) Service of ex parte protective order on respondent. | ||||||
9 | (1) If an ex parte protective order is entered at the | ||||||
10 | time a summons or arrest warrant is issued for the criminal | ||||||
11 | charge, the petition for the protective order, any | ||||||
12 | supporting affidavits, if any, and the ex parte protective | ||||||
13 | order that has been issued shall be served with the summons | ||||||
14 | or arrest warrant. The enforcement of a protective order | ||||||
15 | under Section 112A-23 of this Code shall not be affected by | ||||||
16 | the lack of service or delivery, provided the requirements | ||||||
17 | of subsection (a) of Section 112A-23 of this Code are | ||||||
18 | otherwise met. | ||||||
19 | (2) If an ex parte protective order is entered after a | ||||||
20 | summons or arrest warrant is issued and before the | ||||||
21 | respondent makes an initial appearance in the criminal | ||||||
22 | case. The summons shall be in the form prescribed by | ||||||
23 | subsection (d) of Supreme Court Rule 101, except that it | ||||||
24 | shall require respondent to answer or appear within 7 days | ||||||
25 | and shall be accompanied by the petition for the protective | ||||||
26 | order, any supporting affidavits, if any, and the ex parte |
| |||||||
| |||||||
1 | protective order that has been issued. | ||||||
2 | (3) If an ex parte protective order is entered after | ||||||
3 | the respondent has been served notice of a petition for a | ||||||
4 | final protective order and the respondent has requested a | ||||||
5 | continuance to respond to the petition, the ex parte | ||||||
6 | protective order shall be served: (A) in open court if the | ||||||
7 | respondent is present at the proceeding at which the order | ||||||
8 | was entered; or (B) by summons in the form prescribed by | ||||||
9 | subsection (d) of Supreme Court Rule 101. | ||||||
10 | (4) No fee shall be charged for service of summons. | ||||||
11 | (5) The summons shall be served by the sheriff or other | ||||||
12 | law enforcement officer at the earliest time and shall take | ||||||
13 | precedence over other summonses except those of a similar | ||||||
14 | emergency nature. Special process servers may be appointed | ||||||
15 | at any time, and their designation shall not affect the | ||||||
16 | responsibilities and authority of the sheriff or other | ||||||
17 | official process servers. In a county with a population | ||||||
18 | over 3,000,000, a special process server may not be | ||||||
19 | appointed if an ex parte protective order grants the | ||||||
20 | surrender of a child, the surrender of a firearm or Firearm | ||||||
21 | Owner's Identification Card, or the exclusive possession | ||||||
22 | of a shared residence. Process may be served in court. | ||||||
23 | (g) Upon 7 days notice to the petitioner, or a shorter | ||||||
24 | notice period as the court may prescribe, a respondent subject | ||||||
25 | to an ex parte protective order may appear and petition the | ||||||
26 | court to re-hear the petition. Any petition to re-hear shall be |
| |||||||
| |||||||
1 | verified and shall allege the following: | ||||||
2 | (1) that respondent did not receive prior notice of the | ||||||
3 | initial hearing in which the ex parte protective order was | ||||||
4 | entered under Section 112A-17.5 of this Code; and | ||||||
5 | (2) that respondent had a meritorious defense to the | ||||||
6 | order or any of its remedies or that the order or any of | ||||||
7 | its remedies was not authorized under this Article. | ||||||
8 | The verified petition and affidavit shall set forth the | ||||||
9 | evidence of the meritorious defense that will be presented at a | ||||||
10 | hearing. If the court finds that the evidence presented at the | ||||||
11 | hearing on the petition establishes a meritorious defense by a | ||||||
12 | preponderance of the evidence, the court may decide to vacate | ||||||
13 | the protective order or modify the remedies. | ||||||
14 | (h) If the ex parte protective order granted petitioner | ||||||
15 | exclusive possession of the residence and the petition of | ||||||
16 | respondent seeks to re-open or vacate that grant, the court | ||||||
17 | shall set a date for hearing within 14 days on all issues | ||||||
18 | relating to exclusive possession. Under no circumstances shall | ||||||
19 | a court continue a hearing concerning exclusive possession | ||||||
20 | beyond the 14th day except by agreement of the petitioner and | ||||||
21 | the respondent. Other issues raised by the pleadings may be | ||||||
22 | consolidated for the hearing if the petitioner, the respondent, | ||||||
23 | and the court do not object. | ||||||
24 | (i) Duration of ex parte protective order. An ex parte | ||||||
25 | order shall remain in effect until the court considers the | ||||||
26 | request for a final protective order after notice has been |
| |||||||
| |||||||
1 | served on the respondent or a default final protective order is | ||||||
2 | entered, whichever occurs first. If a court date is scheduled | ||||||
3 | for the issuance of a default protective order and the | ||||||
4 | petitioner fails to personally appear or appear through counsel | ||||||
5 | or the prosecuting attorney, the petition shall be dismissed | ||||||
6 | and the ex parte order terminated.
| ||||||
7 | (725 ILCS 5/112A-20) (from Ch. 38, par. 112A-20)
| ||||||
8 | Sec. 112A-20. Duration and extension of final protective | ||||||
9 | orders.
| ||||||
10 | (a) (Blank).
| ||||||
11 | (b) A final protective order shall remain in effect as | ||||||
12 | follows:
| ||||||
13 | (1) if entered during pre-trial release, until | ||||||
14 | disposition, withdrawal,
or dismissal of the underlying | ||||||
15 | charge; if, however, the case is continued as an
| ||||||
16 | independent cause of action, the order's duration may be | ||||||
17 | for a fixed period
of time not to exceed 2 years;
| ||||||
18 | (2) if in effect in conjunction with a bond forfeiture | ||||||
19 | warrant, until
final disposition or an additional period
of | ||||||
20 | time not
exceeding 2 years; no domestic violence order of
| ||||||
21 | protection, however, shall be terminated by a dismissal | ||||||
22 | that is accompanied
by the issuance of a bond forfeiture | ||||||
23 | warrant;
| ||||||
24 | (3) until 2 years after the expiration of any | ||||||
25 | supervision, conditional discharge,
probation, periodic |
| |||||||
| |||||||
1 | imprisonment, parole, aftercare release, or mandatory | ||||||
2 | supervised release for domestic violence orders of | ||||||
3 | protection and civil no contact orders; or
| ||||||
4 | (4) until 2 years after the date set by the court for | ||||||
5 | expiration of any sentence of
imprisonment and subsequent | ||||||
6 | parole, aftercare release, or mandatory supervised release
| ||||||
7 | for domestic violence orders of protection and civil no | ||||||
8 | contact orders; and
| ||||||
9 | (5) permanent for a stalking no contact order if a | ||||||
10 | judgment of conviction for stalking is entered. | ||||||
11 | (c) Computation of time. The duration of a domestic | ||||||
12 | violence an order of protection shall
not be reduced by the | ||||||
13 | duration of any prior domestic violence order of protection.
| ||||||
14 | (d) Law enforcement records. When a protective order | ||||||
15 | expires
upon the occurrence of a specified event, rather than | ||||||
16 | upon a specified date
as provided in subsection (b), no | ||||||
17 | expiration date shall be entered in
Department of State Police | ||||||
18 | records. To remove the protective order from
those records, | ||||||
19 | either the petitioner or the respondent shall request the clerk | ||||||
20 | of the court to file a
certified copy of an order stating that | ||||||
21 | the specified event has occurred or
that the protective order | ||||||
22 | has been vacated or modified with the sheriff, and the
sheriff | ||||||
23 | shall direct that law enforcement records shall be promptly
| ||||||
24 | corrected in accordance with the filed order.
| ||||||
25 | (e) Extension of Orders. Any domestic violence order of
| ||||||
26 | protection or civil no contact order that expires 2 years after |
| |||||||
| |||||||
1 | the expiration of the defendant's sentence under paragraph (2), | ||||||
2 | (3), or (4) of subsection (b) of Section 112A-20 of this | ||||||
3 | Article may be extended one or more times, as required. The | ||||||
4 | petitioner , petitioner's counsel, or the State's Attorney on | ||||||
5 | the petitioner's behalf shall file the motion for an extension | ||||||
6 | of the final protective order in the criminal case and serve | ||||||
7 | the motion in accordance with Supreme Court Rules 11 and 12. | ||||||
8 | The court shall transfer the motion to the appropriate court or | ||||||
9 | division for consideration under subsection (e) of Section 220 | ||||||
10 | of the Illinois Domestic Violence Act of 1986 , or subsection | ||||||
11 | (c) of Section 216 of the Civil No Contact Order Act, or | ||||||
12 | subsection (c) of Section 105 of the Stalking No Contact Order | ||||||
13 | as appropriate.
| ||||||
14 | (f) Termination date. Any final protective order of | ||||||
15 | protection which would expire on a
court holiday shall instead | ||||||
16 | expire at the close of the next court business day.
| ||||||
17 | (g) Statement of purpose. The practice of dismissing or | ||||||
18 | suspending a
criminal prosecution in exchange for issuing a | ||||||
19 | protective an order of protection
undermines the purposes of | ||||||
20 | this Article. This Section shall not be
construed as | ||||||
21 | encouraging that practice.
| ||||||
22 | (Source: P.A. 100-199, eff. 1-1-18 .)
| ||||||
23 | (725 ILCS 5/112A-21) (from Ch. 38, par. 112A-21)
| ||||||
24 | Sec. 112A-21. Contents of orders.
| ||||||
25 | (a) Any domestic violence order of protection shall
|
| |||||||
| |||||||
1 | describe, in reasonable detail and not by reference to any | ||||||
2 | other
document, the following:
| ||||||
3 | (1) Each remedy granted by the court, in reasonable | ||||||
4 | detail and not by
reference to any other document, so that | ||||||
5 | respondent may clearly understand
what he or she must do or | ||||||
6 | refrain from doing. Pre-printed form orders
of
protection | ||||||
7 | shall include the definitions of the types of abuse,
as | ||||||
8 | provided
in Section 112A-3 of this Code .
Remedies set forth | ||||||
9 | in pre-printed form for domestic violence orders shall be | ||||||
10 | numbered
consistently with and corresponding to the | ||||||
11 | numerical sequence of remedies
listed in Section 112A-14 of | ||||||
12 | this Code (at least as of the date the form orders are
| ||||||
13 | printed).
| ||||||
14 | (2) The reason for denial of petitioner's request for | ||||||
15 | any remedy listed
in Section 112A-14 of this Code .
| ||||||
16 | (b) A domestic violence An order of protection shall | ||||||
17 | further state the following:
| ||||||
18 | (1) The name of each petitioner that the court finds is | ||||||
19 | a victim of a charged offense, and that respondent is a | ||||||
20 | member of the family or household of
each such petitioner, | ||||||
21 | and the name of each other person protected by the
order | ||||||
22 | and that such person is protected by this Code Act .
| ||||||
23 | (2) For any remedy requested by petitioner on which the | ||||||
24 | court has
declined to rule, that that remedy is reserved.
| ||||||
25 | (3) The date and time the domestic violence order of | ||||||
26 | protection was issued.
|
| |||||||
| |||||||
1 | (4) (Blank).
| ||||||
2 | (5) (Blank).
| ||||||
3 | (6) (Blank).
| ||||||
4 | (c) Any domestic violence order of protection shall include | ||||||
5 | the following notice, printed in
conspicuous type: | ||||||
6 | "Any knowing violation of a domestic violence an order | ||||||
7 | of protection
forbidding physical abuse, harassment,
| ||||||
8 | intimidation, interference with personal liberty, willful | ||||||
9 | deprivation, or
entering or remaining present at
specified | ||||||
10 | places when the protected person is present, or granting | ||||||
11 | exclusive
possession of the residence or household, or | ||||||
12 | granting a stay away order
is a Class A misdemeanor for a | ||||||
13 | first offense, and a Class 4 felony for persons with a | ||||||
14 | prior conviction for certain offenses under subsection (d) | ||||||
15 | of Section 12-3.4 of the Criminal Code of 2012 . Grant
of | ||||||
16 | exclusive possession of the residence or household shall | ||||||
17 | constitute
notice forbidding trespass to land. Any
knowing | ||||||
18 | violation of an order awarding legal custody or physical | ||||||
19 | care of a
child or prohibiting removal or concealment
of a | ||||||
20 | child may be a Class 4 felony. Any willful violation of any | ||||||
21 | order is
contempt of court. Any violation may result in | ||||||
22 | fine or imprisonment."
| ||||||
23 | (d) (Blank).
| ||||||
24 | (e) A domestic violence An order of protection shall state, | ||||||
25 | "This Order of Protection is enforceable, even without | ||||||
26 | registration, in all 50 states, the District of Columbia, |
| |||||||
| |||||||
1 | tribal lands, and the U.S. territories pursuant to the Violence | ||||||
2 | Against Women Act (18 U.S.C. 2265). Violating this Order of | ||||||
3 | Protection may subject the respondent to federal charges and | ||||||
4 | punishment (18 U.S.C. 2261-2262). The respondent may be subject | ||||||
5 | to federal criminal penalties for possessing, transporting, | ||||||
6 | shipping, or receiving any firearm or ammunition under the Gun | ||||||
7 | Control Act (18 U.S.C. 922(g)(8) and (9))."
| ||||||
8 | (Source: P.A. 100-199, eff. 1-1-18 .)
| ||||||
9 | (725 ILCS 5/112A-22) (from Ch. 38, par. 112A-22)
| ||||||
10 | Sec. 112A-22. Notice of orders.
| ||||||
11 | (a) Entry and issuance. Upon issuance
of any protective | ||||||
12 | order of protection , the clerk shall
immediately , or on the | ||||||
13 | next court day if an ex parte order is issued under subsection | ||||||
14 | (e) of Section 112A-17.5 of this Code,
(i) enter the order on | ||||||
15 | the record and file it
in accordance with the circuit court
| ||||||
16 | procedures and (ii) provide a file stamped copy of the order to
| ||||||
17 | respondent and to petitioner, if present, and to the State's | ||||||
18 | Attorney. If the victim is not present the State's Attorney | ||||||
19 | shall (i) as soon as practicable notify the petitioner the | ||||||
20 | order has been entered and (ii) provide a file stamped copy of | ||||||
21 | the order to the petitioner within 3 days.
| ||||||
22 | (b) Filing with sheriff. The clerk of the issuing judge | ||||||
23 | shall, on the same day that a protective order is
issued, file | ||||||
24 | a copy of that order with the sheriff or other law enforcement
| ||||||
25 | officials charged with maintaining Department of State Police |
| |||||||
| |||||||
1 | records or charged with serving the order upon respondent. If | ||||||
2 | the order was issued under subsection (e) of Section 112A-17.5 | ||||||
3 | of this Code, the clerk on the next court day shall file a | ||||||
4 | certified copy of the order with the sheriff or other law | ||||||
5 | enforcement officials charged with maintaining Department of | ||||||
6 | State Police records .
| ||||||
7 | (c) (Blank).
| ||||||
8 | (c-2) Service by sheriff. Unless respondent was present in | ||||||
9 | court when the order was issued, the sheriff, other law | ||||||
10 | enforcement official, or special process server shall promptly | ||||||
11 | serve that order upon respondent and file proof of the service, | ||||||
12 | in the manner provided for service of process in civil | ||||||
13 | proceedings. Instead of serving the order upon the respondent; | ||||||
14 | however, the sheriff, other law enforcement official, special | ||||||
15 | process server, or other persons defined in Section 112A-22.1 | ||||||
16 | of this Code may serve the respondent with a short form | ||||||
17 | notification as provided in Section 112A-22.1 of this Code. If | ||||||
18 | process has not yet been served upon the respondent, process | ||||||
19 | shall be served with the order or short form notification if | ||||||
20 | the service is made by the sheriff, other law enforcement | ||||||
21 | official, or special process server. | ||||||
22 | (c-3) If the person against whom the protective order is | ||||||
23 | issued is arrested and the written order is issued under | ||||||
24 | subsection (e) of Section 112A-17.5 of this Code and received | ||||||
25 | by the custodial law enforcement agency before the respondent | ||||||
26 | or arrestee is released from custody, the custodial law |
| |||||||
| |||||||
1 | enforcement agency shall promptly serve the order upon the | ||||||
2 | respondent or arrestee before the respondent or arrestee is | ||||||
3 | released from custody. In no event shall detention of the | ||||||
4 | respondent or arrestee be extended for a hearing on the | ||||||
5 | petition for protective order or receipt of the order issued | ||||||
6 | under Section 112A-17 of this Code. | ||||||
7 | (c-4) Extensions, modifications, and revocations. Any | ||||||
8 | order extending, modifying, or revoking any protective order | ||||||
9 | shall be promptly recorded, issued, and served as provided in | ||||||
10 | this Section. | ||||||
11 | (c-5) (Blank).
| ||||||
12 | (d) (Blank).
| ||||||
13 | (e) Notice to health care facilities and health care | ||||||
14 | practitioners. Upon the request of the petitioner, the clerk of | ||||||
15 | the circuit court shall send a certified copy of the protective | ||||||
16 | order to any specified health care facility or health care | ||||||
17 | practitioner requested by the petitioner at the mailing address | ||||||
18 | provided by the petitioner. | ||||||
19 | (f) Disclosure by health care facilities and health care | ||||||
20 | practitioners. After receiving a certified copy of a protective | ||||||
21 | order that prohibits a respondent's access to records, no | ||||||
22 | health care facility or health care practitioner shall allow a | ||||||
23 | respondent access to the records of any child who is a | ||||||
24 | protected person under the protective order, or release | ||||||
25 | information in those records to the respondent, unless the | ||||||
26 | order has expired or the respondent shows a certified copy of |
| |||||||
| |||||||
1 | the court order vacating the corresponding protective order | ||||||
2 | that was sent to the health care facility or practitioner. | ||||||
3 | Nothing in this Section shall be construed to require health
| ||||||
4 | care facilities or health care practitioners to alter | ||||||
5 | procedures related to billing and payment. The health care | ||||||
6 | facility or health care practitioner may file the copy of the | ||||||
7 | protective order in the records of a child who is a protected | ||||||
8 | person under the protective order, or may employ any other | ||||||
9 | method to identify the records to which a respondent is | ||||||
10 | prohibited access. No health care facility or health care | ||||||
11 | practitioner shall be civilly or professionally liable for
| ||||||
12 | reliance on a copy of a protective order, except for willful | ||||||
13 | and wanton misconduct. | ||||||
14 | (g) Notice to schools. Upon the request of the petitioner, | ||||||
15 | within 24
hours of the issuance of a protective order, the | ||||||
16 | clerk of the issuing judge shall
send a certified copy of
the | ||||||
17 | protective order to the day-care facility,
pre-school or | ||||||
18 | pre-kindergarten, or private school or the principal
office of | ||||||
19 | the public school district or any college or university in | ||||||
20 | which any child who
is a protected person under the protective | ||||||
21 | order or any child
of
the
petitioner is enrolled as requested | ||||||
22 | by the petitioner at the mailing address provided by the | ||||||
23 | petitioner.
If the child transfers enrollment to another | ||||||
24 | day-care facility, pre-school,
pre-kindergarten,
private | ||||||
25 | school, public school, college, or university, the petitioner | ||||||
26 | may,
within 24 hours
of the transfer, send to the clerk written |
| |||||||
| |||||||
1 | notice of the transfer, including
the name and
address of the | ||||||
2 | institution to which the child is transferring.
Within 24 hours | ||||||
3 | of receipt of notice
from the petitioner that a child is | ||||||
4 | transferring to another day-care facility,
pre-school, | ||||||
5 | pre-kindergarten, private school, public school, college, or
| ||||||
6 | university, the clerk shall send a certified copy of the order | ||||||
7 | to the institution to which the child
is
transferring. | ||||||
8 | (h) Disclosure by schools. After receiving a certified copy | ||||||
9 | of a protective order that prohibits a respondent's access to | ||||||
10 | records, neither a
day-care facility, pre-school, | ||||||
11 | pre-kindergarten, public
or private school, college, or | ||||||
12 | university nor its employees shall allow a
respondent access to | ||||||
13 | a
protected child's records or release information in those | ||||||
14 | records to the
respondent. The school shall file
the copy of | ||||||
15 | the protective order in the records of a child who
is a | ||||||
16 | protected person under the order. When a child who is a
| ||||||
17 | protected person under the protective order transfers to | ||||||
18 | another day-care
facility, pre-school, pre-kindergarten, | ||||||
19 | public or private school, college, or
university, the | ||||||
20 | institution from which the child is transferring may, at the
| ||||||
21 | request of the petitioner, provide,
within 24 hours of the | ||||||
22 | transfer, written notice of the protective order,
along with a | ||||||
23 | certified copy of the order, to the institution to which the | ||||||
24 | child
is
transferring. | ||||||
25 | (Source: P.A. 100-199, eff. 1-1-18 .)
|
| |||||||
| |||||||
1 | (725 ILCS 5/112A-22.1 new) | ||||||
2 | Sec. 112A-22.1. Short form notification. | ||||||
3 | (a) Instead of personal service of a protective order under | ||||||
4 | Section 112A-22 of this Code, a sheriff, other law enforcement | ||||||
5 | official, special process server, or personnel assigned by the | ||||||
6 | Department of Corrections or Department of Juvenile Justice to | ||||||
7 | investigate the alleged misconduct of committed persons or | ||||||
8 | alleged violations of the person's conditions of parole, | ||||||
9 | aftercare release, or mandatory supervised release, may serve a | ||||||
10 | respondent with a short form notification. The short form | ||||||
11 | notification shall include the following: | ||||||
12 | (1) Respondent's name. | ||||||
13 | (2) Respondent's date of birth, if known. | ||||||
14 | (3) Petitioner's name. | ||||||
15 | (4) Names of other protected parties. | ||||||
16 | (5) Date and county in which the protective order was | ||||||
17 | filed. | ||||||
18 | (6) Court file number. | ||||||
19 | (7) Hearing date and time, if known. | ||||||
20 | (8) Conditions that apply to the respondent, either in | ||||||
21 | checklist form or handwritten. | ||||||
22 | (b) The short form notification shall contain the following | ||||||
23 | notice in bold print: | ||||||
24 | "The order is now enforceable. You must report to the | ||||||
25 | office of the sheriff or the office of the circuit court in | ||||||
26 | (name of county) County to obtain a copy of the order. You are |
| |||||||
| |||||||
1 | subject to arrest and may be charged with a misdemeanor or | ||||||
2 | felony if you violate any of the terms of the order." | ||||||
3 | (c) Upon verification of the identity of the respondent and | ||||||
4 | the existence of an unserved order against the respondent, a | ||||||
5 | sheriff or other law enforcement official may detain the | ||||||
6 | respondent for a reasonable time necessary to complete and | ||||||
7 | serve the short form notification. | ||||||
8 | (d) When service is made by short form notification under | ||||||
9 | this Section, it may be proved by the affidavit of the person | ||||||
10 | making the service. | ||||||
11 | (e) The Attorney General shall make the short form | ||||||
12 | notification form available to law enforcement agencies in this | ||||||
13 | State. | ||||||
14 | (725 ILCS 5/112A-22.3) | ||||||
15 | Sec. 112A-22.3. Withdrawal or dismissal of charges or | ||||||
16 | petition. | ||||||
17 | (a) Voluntary dismissal or withdrawal of any delinquency | ||||||
18 | petition or criminal prosecution or a finding of not guilty | ||||||
19 | shall not require dismissal or vacation of the protective | ||||||
20 | order; instead, at the request of the petitioner, petitioner's | ||||||
21 | counsel, or the State's Attorney on behalf of the petitioner in | ||||||
22 | the discretion of the State's Attorney, or on the court's | ||||||
23 | motion, it may be treated as an independent action and, if | ||||||
24 | necessary and appropriate, transferred to a different court or | ||||||
25 | division. Dismissal of any delinquency petition or criminal |
| |||||||
| |||||||
1 | prosecution shall not affect the validity of any previously | ||||||
2 | issued protective order. | ||||||
3 | (b) Withdrawal or dismissal of any petition for a | ||||||
4 | protective order shall operate as a dismissal without | ||||||
5 | prejudice.
| ||||||
6 | (Source: P.A. 100-199, eff. 1-1-18 .)
| ||||||
7 | (725 ILCS 5/112A-23) (from Ch. 38, par. 112A-23)
| ||||||
8 | Sec. 112A-23. Enforcement of protective orders.
| ||||||
9 | (a) When violation is crime. A violation of any protective | ||||||
10 | order of protection ,
whether issued in a civil, quasi-criminal | ||||||
11 | proceeding, shall be
enforced by a
criminal court when:
| ||||||
12 | (1) The respondent commits the crime of violation of a | ||||||
13 | domestic violence an order of
protection pursuant to | ||||||
14 | Section 12-3.4 or 12-30 of the Criminal Code of
1961 or the | ||||||
15 | Criminal Code of 2012, by
having knowingly violated:
| ||||||
16 | (i) remedies described in paragraphs (1), (2), | ||||||
17 | (3), (14),
or
(14.5)
of subsection (b) of Section | ||||||
18 | 112A-14 of this Code ,
| ||||||
19 | (ii) a remedy, which is substantially similar to | ||||||
20 | the remedies
authorized
under paragraphs (1), (2), | ||||||
21 | (3), (14) , or (14.5) of subsection (b) of Section 214
| ||||||
22 | of the Illinois Domestic Violence Act of 1986, in a | ||||||
23 | valid order of protection,
which is authorized under | ||||||
24 | the laws of another state, tribe or United States
| ||||||
25 | territory,
|
| |||||||
| |||||||
1 | (iii) or any other remedy when the act
constitutes | ||||||
2 | a crime against the protected parties as defined by the | ||||||
3 | Criminal
Code of 1961 or the Criminal Code of 2012.
| ||||||
4 | Prosecution for a violation of a domestic violence an | ||||||
5 | order of protection shall
not bar concurrent prosecution | ||||||
6 | for any other crime, including any crime
that may have been | ||||||
7 | committed at the time of the violation of the domestic | ||||||
8 | violence order
of protection; or
| ||||||
9 | (2) The respondent commits the crime of child abduction | ||||||
10 | pursuant
to Section 10-5 of the Criminal Code of 1961 or | ||||||
11 | the Criminal Code of 2012, by having knowingly violated:
| ||||||
12 | (i) remedies described in paragraphs (5), (6) , or | ||||||
13 | (8) of subsection
(b)
of
Section 112A-14 of this Code , | ||||||
14 | or
| ||||||
15 | (ii) a remedy, which is substantially similar to | ||||||
16 | the remedies
authorized
under paragraphs (1),
(5), | ||||||
17 | (6), or (8) of subsection (b) of Section 214
of the | ||||||
18 | Illinois Domestic Violence Act of 1986, in a valid | ||||||
19 | domestic violence order of protection,
which is | ||||||
20 | authorized under the laws of another state, tribe or | ||||||
21 | United States
territory.
| ||||||
22 | (3) The respondent commits the crime of violation of a | ||||||
23 | civil no contact order when the respondent violates Section | ||||||
24 | 12-3.8 of the Criminal Code of 2012.
Prosecution for a | ||||||
25 | violation of a civil no contact order shall not bar | ||||||
26 | concurrent prosecution for any other crime, including any |
| |||||||
| |||||||
1 | crime that may have been committed at the time of the | ||||||
2 | violation of the civil no contact order. | ||||||
3 | (4) The respondent commits the crime of violation of a | ||||||
4 | stalking no contact order when the respondent violates | ||||||
5 | Section 12-3.9 of the Criminal Code of 2012.
Prosecution | ||||||
6 | for a violation of a stalking no contact order shall not | ||||||
7 | bar concurrent prosecution for any other crime, including | ||||||
8 | any crime that may have been committed at the time of the | ||||||
9 | violation of the stalking no contact order. | ||||||
10 | (b) When violation is contempt of court. A violation of any | ||||||
11 | valid protective order, whether issued in a civil or criminal
| ||||||
12 | proceeding, may be enforced through civil or criminal contempt | ||||||
13 | procedures,
as appropriate, by any court with jurisdiction, | ||||||
14 | regardless where the act or
acts which violated the protective | ||||||
15 | order were committed, to the extent
consistent with the venue | ||||||
16 | provisions of this Article. Nothing in this
Article shall | ||||||
17 | preclude any Illinois court from enforcing any valid protective | ||||||
18 | order issued in another state. Illinois courts may enforce | ||||||
19 | protective orders through both criminal prosecution and | ||||||
20 | contempt proceedings,
unless the action which is second in time | ||||||
21 | is barred by collateral estoppel
or the constitutional | ||||||
22 | prohibition against double jeopardy.
| ||||||
23 | (1) In a contempt proceeding where the petition for a | ||||||
24 | rule to show
cause sets forth facts evidencing an immediate | ||||||
25 | danger that the
respondent will flee the jurisdiction, | ||||||
26 | conceal a child, or inflict physical
abuse on the |
| |||||||
| |||||||
1 | petitioner or minor children or on dependent adults in
| ||||||
2 | petitioner's care, the court may order the
attachment of | ||||||
3 | the respondent without prior service of the rule to show
| ||||||
4 | cause or the petition for a rule to show cause. Bond shall | ||||||
5 | be set unless
specifically denied in writing.
| ||||||
6 | (2) A petition for a rule to show cause for violation | ||||||
7 | of a protective order shall be treated as an expedited | ||||||
8 | proceeding.
| ||||||
9 | (c) Violation of custody, allocation of parental | ||||||
10 | responsibility, or support orders. A violation of remedies
| ||||||
11 | described in paragraphs (5), (6), (8), or (9) of subsection (b) | ||||||
12 | of Section
112A-14 of this Code may be enforced by any remedy | ||||||
13 | provided by Section 607.5 of
the Illinois Marriage and | ||||||
14 | Dissolution of Marriage Act. The court may
enforce any order | ||||||
15 | for support issued under paragraph (12) of subsection (b)
of | ||||||
16 | Section 112A-14 of this Code in the manner provided for under | ||||||
17 | Parts
V and VII of the
Illinois Marriage and Dissolution of | ||||||
18 | Marriage Act.
| ||||||
19 | (d) Actual knowledge. A protective order may be
enforced | ||||||
20 | pursuant to this Section if the respondent violates the order
| ||||||
21 | after respondent has actual knowledge of its contents
as shown | ||||||
22 | through one of the following means:
| ||||||
23 | (1) (Blank).
| ||||||
24 | (2) (Blank).
| ||||||
25 | (3) By service of a protective an order of protection | ||||||
26 | under subsection (f) of Section 112A-17.5 or Section |
| |||||||
| |||||||
1 | 112A-22 of this Code .
| ||||||
2 | (4) By other means demonstrating actual knowledge of | ||||||
3 | the contents of the order.
| ||||||
4 | (e) The enforcement of a protective an order of protection | ||||||
5 | in civil or criminal court
shall not be affected by either of | ||||||
6 | the following:
| ||||||
7 | (1) The existence of a separate, correlative order | ||||||
8 | entered under Section
112A-15 of this Code .
| ||||||
9 | (2) Any finding or order entered in a conjoined | ||||||
10 | criminal proceeding.
| ||||||
11 | (f) Circumstances. The court, when determining whether or | ||||||
12 | not a
violation of a protective order has occurred, shall not | ||||||
13 | require
physical manifestations of abuse on the person of the | ||||||
14 | victim.
| ||||||
15 | (g) Penalties.
| ||||||
16 | (1) Except as provided in paragraph (3) of this
| ||||||
17 | subsection (g) , where the court finds the commission of a | ||||||
18 | crime or contempt of
court under subsections (a) or (b) of | ||||||
19 | this Section, the penalty shall be
the penalty that | ||||||
20 | generally applies in such criminal or contempt
| ||||||
21 | proceedings, and may include one or more of the following: | ||||||
22 | incarceration,
payment of restitution, a fine, payment of | ||||||
23 | attorneys' fees and costs, or
community service.
| ||||||
24 | (2) The court shall hear and take into account evidence | ||||||
25 | of any factors
in aggravation or mitigation before deciding | ||||||
26 | an appropriate penalty under
paragraph (1) of this |
| |||||||
| |||||||
1 | subsection (g) .
| ||||||
2 | (3) To the extent permitted by law, the court is | ||||||
3 | encouraged to:
| ||||||
4 | (i) increase the penalty for the knowing violation | ||||||
5 | of
any protective order over any penalty previously | ||||||
6 | imposed by any court
for respondent's violation of any | ||||||
7 | protective order or penal statute
involving petitioner | ||||||
8 | as victim and respondent as defendant;
| ||||||
9 | (ii) impose a minimum penalty of 24 hours | ||||||
10 | imprisonment for respondent's
first violation of any | ||||||
11 | protective order; and
| ||||||
12 | (iii) impose a minimum penalty of 48 hours | ||||||
13 | imprisonment for
respondent's second or subsequent | ||||||
14 | violation of a protective order | ||||||
15 | unless the court explicitly finds that an increased penalty | ||||||
16 | or that
period of imprisonment would be manifestly unjust.
| ||||||
17 | (4) In addition to any other penalties imposed for a | ||||||
18 | violation of a protective order, a criminal court may | ||||||
19 | consider evidence of any
violations of a protective order:
| ||||||
20 | (i) to increase, revoke , or modify the bail bond on | ||||||
21 | an underlying
criminal charge pursuant to Section | ||||||
22 | 110-6 of this Code ;
| ||||||
23 | (ii) to revoke or modify an order of probation, | ||||||
24 | conditional discharge , or
supervision, pursuant to | ||||||
25 | Section 5-6-4 of the Unified Code of Corrections;
| ||||||
26 | (iii) to revoke or modify a sentence of periodic |
| |||||||
| |||||||
1 | imprisonment, pursuant
to Section 5-7-2 of the Unified | ||||||
2 | Code of Corrections.
| ||||||
3 | (Source: P.A. 99-90, eff. 1-1-16; 100-199, eff. 1-1-18 .)
| ||||||
4 | (725 ILCS 5/112A-24) (from Ch. 38, par. 112A-24)
| ||||||
5 | Sec. 112A-24. Modification, re-opening, and extension of | ||||||
6 | orders.
| ||||||
7 | (a) Except as
otherwise provided in this Section, upon | ||||||
8 | motion by petitioner , petitioner's counsel, or the State's | ||||||
9 | Attorney on behalf of the petitioner, the court
may modify a | ||||||
10 | protective order:
| ||||||
11 | (1) If respondent has abused petitioner since the | ||||||
12 | hearing for that
order, by adding or altering one or more | ||||||
13 | remedies, as authorized by
Section 112A-14, 112A-14.5, or | ||||||
14 | 112A-14.7 of this Code Article ; and
| ||||||
15 | (2) Otherwise, by adding any remedy authorized by | ||||||
16 | Section 112A-14, 112A-14.5, or 112A-14.7 which
was:
| ||||||
17 | (i) reserved in that protective order;
| ||||||
18 | (ii) not requested for inclusion in that | ||||||
19 | protective order; or
| ||||||
20 | (iii) denied on procedural grounds, but not on the | ||||||
21 | merits.
| ||||||
22 | (a-5) A petitioner , petitioner's counsel, or the State's | ||||||
23 | Attorney on the petitioner's behalf may file a motion to vacate | ||||||
24 | or modify a final permanent stalking no contact order 2 years | ||||||
25 | or more after the expiration of the defendant's sentence . The |
| |||||||
| |||||||
1 | motion shall be served in accordance with Supreme Court Rules | ||||||
2 | 11 and 12. | ||||||
3 | (b) Upon motion by the petitioner, petitioner's counsel, | ||||||
4 | State's Attorney, or respondent, the court may modify any
prior | ||||||
5 | domestic violence order of protection's remedy for custody,
| ||||||
6 | visitation or payment of
support in accordance with the | ||||||
7 | relevant provisions of the Illinois Marriage
and Dissolution of | ||||||
8 | Marriage Act.
| ||||||
9 | (c) After 30 days following the entry of a protective | ||||||
10 | order, a court may modify that order only when changes in the
| ||||||
11 | applicable law or facts since that final plenary order was | ||||||
12 | entered warrant a
modification of its terms.
| ||||||
13 | (d) (Blank).
| ||||||
14 | (e) (Blank).
| ||||||
15 | (f) (Blank).
| ||||||
16 | (g) This Section does not limit the means, otherwise | ||||||
17 | available by law, for vacating or modifying protective orders. | ||||||
18 | (Source: P.A. 100-199, eff. 1-1-18 .)
| ||||||
19 | (725 ILCS 5/112A-26) (from Ch. 38, par. 112A-26)
| ||||||
20 | Sec. 112A-26. Arrest without warrant.
| ||||||
21 | (a) Any law enforcement officer may
make an arrest without
| ||||||
22 | warrant if the officer has probable cause to believe that the | ||||||
23 | person has
committed or is committing any crime, including but | ||||||
24 | not limited to
violation of a domestic violence an order of | ||||||
25 | protection, under Section 12-3.4 or 12-30 of the Criminal
Code |
| |||||||
| |||||||
1 | of 1961 or the Criminal Code of 2012, violation of a civil no | ||||||
2 | contact order, under Section 11-1.75 of the Criminal Code of | ||||||
3 | 2012, or violation of a stalking no contact order, under | ||||||
4 | Section 12-7.5A of the Criminal Code of 2012, even if the crime | ||||||
5 | was not committed in the presence of the
officer.
| ||||||
6 | (b) The law enforcement officer may verify the existence of | ||||||
7 | a protective order by telephone or radio communication with his | ||||||
8 | or her law enforcement
agency or by referring to the copy of | ||||||
9 | the order provided by petitioner
or respondent.
| ||||||
10 | (Source: P.A. 100-199, eff. 1-1-18 .)
| ||||||
11 | (725 ILCS 5/112A-28) (from Ch. 38, par. 112A-28)
| ||||||
12 | Sec. 112A-28. Data maintenance by law enforcement | ||||||
13 | agencies.
| ||||||
14 | (a) All sheriffs shall furnish to the Department of State | ||||||
15 | Police, daily, in
the form and detail the Department requires, | ||||||
16 | copies of any recorded protective orders issued by the court, | ||||||
17 | and any foreign protective orders of protection filed by
the | ||||||
18 | clerk of the court, and transmitted to the sheriff by the clerk | ||||||
19 | of the
court. Each protective order shall be entered in the Law | ||||||
20 | Enforcement Agencies
Data System on the same day it is issued | ||||||
21 | by the court.
| ||||||
22 | (b) The Department of State Police shall maintain a | ||||||
23 | complete and systematic
record and index of all valid and | ||||||
24 | recorded protective orders issued or
filed under this Act. The | ||||||
25 | data shall be used to inform all dispatchers
and law |
| |||||||
| |||||||
1 | enforcement officers at the scene of an alleged incident of | ||||||
2 | abuse or
violation of a protective order of any recorded prior | ||||||
3 | incident of abuse
involving the abused party and the effective | ||||||
4 | dates and terms of any recorded
protective order.
| ||||||
5 | (c) The data, records and transmittals required under this | ||||||
6 | Section shall
pertain to: | ||||||
7 | (1) any valid emergency, interim or plenary domestic | ||||||
8 | violence order of protection, civil no contact or stalking | ||||||
9 | no contact order
issued in a civil proceeding; and | ||||||
10 | (2) any valid ex parte or final protective order issued | ||||||
11 | in a criminal proceeding or authorized under the laws
of | ||||||
12 | another state, tribe, or United States territory.
| ||||||
13 | (Source: P.A. 100-199, eff. 1-1-18 .)
| ||||||
14 | Section 99. Effective date. This Act takes effect upon | ||||||
15 | becoming law.".
|