(2) The court shall enter an order of protection to prohibit and prevent
any contact between a respondent minor or a sibling of a respondent minor and
any person named in a petition seeking an order of protection who has been
convicted of heinous battery or aggravated battery under subdivision (a)(2) of Section 12-3.05, aggravated battery of a child or aggravated battery under subdivision (b)(1) of Section 12-3.05, criminal
sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, criminal sexual abuse, or aggravated criminal sexual abuse as described in the Criminal
Code of 1961 or the Criminal Code of 2012, or has been convicted of an offense that resulted in the death of
a child, or has violated a previous order of protection under this Section.
(3) When the court issues an order of protection against any person as
provided by this Section, the court shall direct a copy of such order to the
sheriff of that county. The sheriff shall furnish a copy of the order of
protection to the Illinois State Police within 24 hours of receipt, in the
form and manner required by the Department. The Illinois State Police
shall maintain a complete record and index of the orders of protection and
make this data available to all local law enforcement agencies.
(4) After notice and opportunity for hearing afforded to a person subject
to an order of protection, the order may be modified or extended for a further
specified period or both or may be terminated if the court finds that the best
interests of the minor and the public will be served by the modification,
extension, or termination.
(5) An order of protection may be sought at any time during the course of
any proceeding conducted under this Act. Any person against whom an
order of protection is sought may retain counsel to represent the person at a
hearing,
and has rights to be present at the hearing, to be informed prior to the
hearing in writing of the contents of the petition seeking a protective order
and of the date, place, and time of the hearing, and to cross-examine
witnesses called by the petitioner and to present witnesses and argument in
opposition to the relief sought in the petition.
(6) Diligent efforts shall be made by the petitioner to serve any person
or persons against whom any order of protection is sought with written notice
of the contents of the petition seeking a protective order and of the date,
place and time at which the hearing on the petition is to be held. When a
protective order is being sought in conjunction with a shelter care or
detention hearing, if the court finds that the person against whom the
protective order is being sought has been notified of the hearing or that
diligent efforts have been made to notify the person, the court may conduct a
hearing. If a protective order is sought at any
time other than in conjunction with a shelter care or detention hearing, the
court may not conduct a hearing on the petition in the absence of the person
against whom the order is sought unless the petitioner has notified the person
by personal service at least 3 days before the hearing or has sent written
notice by first class mail to the person's last known address at least 5 days
before the hearing.
(7) A person against whom an order of protection is being sought who is
neither a parent, guardian, or legal custodian or responsible relative as
described in Section 1-5 of this Act or is not a party or respondent as defined
in
that
Section shall not be entitled to the rights provided in that Section. The
person does not have a right to appointed counsel or to be present at
any hearing other than the hearing in which the order of protection is being
sought or a hearing directly pertaining to that order. Unless the court orders
otherwise, the person does not have a right to inspect the court file.
(8) All protective orders entered under this Section shall be in writing.
Unless the person against whom the order was obtained was present in court when
the order was issued, the sheriff, other law enforcement official, or special
process server shall promptly serve that order upon that person and file proof
of that service, in the manner provided for service of process in civil
proceedings. The person against whom the protective order was obtained may
seek a modification of the order by filing a written motion to modify the order
within 7 days
after actual receipt by the person of a copy of the order.
(Source: P.A. 102-538, eff. 8-20-21; 103-22, eff. 8-8-23.)
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