Illinois General Assembly - Illinois Compiled Statutes

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750 ILCS 60/210

(750 ILCS 60/210) (from Ch. 40, par. 2312-10)

Sec. 210. Process.

(a) Summons.  Any action for an order
of protection, whether commenced alone or in conjunction with another
proceeding, is a distinct cause of action and requires that a separate
summons be issued and served, except that in pending cases the following
methods may be used:

(1) By delivery of the summons to respondent

personally in open court in pending civil or criminal cases.

(2) By notice in accordance with Section 210.1 in

civil cases in which the defendant has filed a general appearance.

The summons shall be in the form prescribed
by Supreme Court Rule 101(d), except that it shall require respondent to
answer or appear within 7 days.
Attachments to the summons or notice shall include the petition for order
of protection and supporting affidavits, if any, and any emergency order of
protection that has been issued.  The enforcement of an order of protection
under Section 223 shall not be affected by the lack of service, delivery,
or notice, provided the requirements of subsection (d) of that Section are
otherwise met.

(b) Blank.

(c) Expedited service.  The summons shall be served by the sheriff or
other law enforcement officer at the earliest time and shall take
precedence over other summonses except those of a similar emergency nature.
 Special process servers may be appointed at any time, and their
designation shall not affect the responsibilities and authority of the
sheriff or other official process servers. In counties with a population over 3,000,000, a special process server may not be appointed if the order of protection grants the surrender of a child, the surrender of a firearm or firearm owners identification card, or the exclusive possession of a shared residence.

(d) Remedies requiring actual notice.  The counseling, payment of
support, payment of shelter services,
 and payment of losses remedies provided by paragraphs 4,
12, 13, and 16 of subsection (b) of Section 214 may be granted only if
respondent has
been personally served with process, has answered or has made a general
appearance.

(e) Remedies upon constructive notice.  Service of process on a member
of respondent's household or by publication shall be adequate for the
remedies provided by paragraphs 1, 2, 3, 5, 6, 7, 8, 9, 10,
11, 14, 15, and 17 of subsection
(b) of Section 214, but only if: (i) petitioner has made all reasonable
efforts to accomplish actual service of process personally upon respondent,
but respondent cannot be found to effect such service and (ii) petitioner
files an affidavit or presents sworn testimony
as to those efforts.

(f) Default. A plenary order of protection may be entered by default as follows:

(1) For any of the remedies sought in the petition,

if respondent has been served or given notice in accordance with subsection (a) and if respondent then fails to appear as directed or fails to appear on any subsequent appearance or hearing date agreed to by the parties or set by the court; or

(2) For any of the remedies provided in accordance

with subsection (e), if respondent fails to answer or appear in accordance with the date set in the publication notice or the return date indicated on the service of a household member.

(g) Emergency orders. If an order is granted under subsection (c) of Section 217, the court shall immediately file a certified copy of the order with the sheriff or other law enforcement official charged with maintaining Department of State Police records.

(Source: P.A. 101-508, eff. 1-1-20.)