| ||||
Public Act 100-0597 | ||||
| ||||
| ||||
AN ACT concerning criminal law.
| ||||
Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
| ||||
Section 5. The Code of Criminal Procedure of 1963 is | ||||
amended by changing Sections 112A-1.5, 112A-2.5, 112A-3, | ||||
112A-4.5, 112A-5, 112A-5.5, 112A-8, 112A-11.5, 112A-12, | ||||
112A-14, 112A-16, 112A-20, 112A-21, 112A-22, 112A-22.3, | ||||
112A-23, 112A-24, 112A-26, and 112A-28 and by adding Sections | ||||
112A-6.1, 112A-17.5, and 112A-22.1 as follows: | ||||
(725 ILCS 5/112A-1.5) | ||||
Sec. 112A-1.5. Purpose and construction . The purpose of | ||||
this Article is to protect the safety of victims of domestic | ||||
violence, sexual assault, sexual abuse, and stalking and the | ||||
safety of their family and household members; and to minimize | ||||
the trauma and inconvenience associated with attending | ||||
separate and multiple civil court proceedings to obtain | ||||
protective orders. This Article shall be interpreted in | ||||
accordance with the constitutional rights of crime victims set | ||||
forth in Article I, Section 8.1 of the Illinois Constitution, | ||||
the purposes set forth in Section 2 of the Rights of Crime | ||||
Victims and Witnesses Act , and the use of protective orders to | ||||
implement the victim's right to be reasonably protected from | ||||
the defendant as provided in Section 4.5 of the Rights of |
Victims and Witnesses Act .
| ||
(Source: P.A. 100-199, eff. 1-1-18 .) | ||
(725 ILCS 5/112A-2.5) | ||
Sec. 112A-2.5. Types of protective orders. The following | ||
protective orders may be entered in conjunction with a | ||
delinquency petition or a criminal prosecution: | ||
(1) a domestic violence an order of protection in cases | ||
involving domestic violence; | ||
(2) a civil no contact order in cases involving sexual | ||
offenses; or | ||
(3) a stalking no contact order in cases involving | ||
stalking offenses.
| ||
(Source: P.A. 100-199, eff. 1-1-18 .)
| ||
(725 ILCS 5/112A-3) (from Ch. 38, par. 112A-3)
| ||
Sec. 112A-3. Definitions. | ||
(a) In For the purposes of this Article : , | ||
"Advocate" means a person whose communications with the | ||
victim are privileged under Section 8-802.1 or 8-802.2 of the | ||
Code of Civil Procedure or Section 227 of the Illinois Domestic | ||
Violence Act of 1986. | ||
"Named victim" means the person named as the victim in the | ||
delinquency petition or criminal prosecution. | ||
"Protective order" "protective order" means a domestic | ||
violence order of protection, a civil no contact order, or a |
stalking no contact order.
| ||
(b) For the purposes of domestic violence cases, the | ||
following terms shall have the following meanings in this | ||
Article: | ||
(1) "Abuse" means physical abuse, harassment, | ||
intimidation of a
dependent, interference with personal | ||
liberty or willful deprivation but
does not include | ||
reasonable direction of a minor child by a parent or
person | ||
in loco parentis.
| ||
(2) "Domestic violence" means abuse as described in | ||
paragraph (1) of this subsection (b) .
| ||
(3) "Family or household members" include spouses, | ||
former spouses,
parents, children, stepchildren , and other | ||
persons related by blood or
by present or prior marriage, | ||
persons who share or formerly shared a
common dwelling, | ||
persons who have or allegedly have a child in common, | ||
persons
who share or allegedly share a blood relationship | ||
through a child, persons who
have or have had a dating or | ||
engagement relationship, persons with disabilities
and | ||
their personal assistants, and caregivers as defined in | ||
subsection (e) of Section 12-4.4a of the Criminal Code of | ||
2012.
For purposes of this paragraph (3) , neither a casual | ||
acquaintanceship nor
ordinary fraternization between 2 | ||
individuals in business or social
contexts shall be deemed | ||
to constitute a dating relationship.
| ||
(4) "Harassment" means knowing conduct which
is not |
necessary to accomplish a purpose which is reasonable under | ||
the
circumstances; would cause a reasonable person | ||
emotional distress; and
does cause emotional distress to | ||
the petitioner.
Unless the presumption is rebutted by a | ||
preponderance of the evidence, the
following types of | ||
conduct shall be presumed to cause emotional distress:
| ||
(i) creating a disturbance at petitioner's place | ||
of employment or school;
| ||
(ii) repeatedly telephoning petitioner's place of | ||
employment, home or
residence;
| ||
(iii) repeatedly following petitioner about in a | ||
public place or places;
| ||
(iv) repeatedly keeping petitioner under | ||
surveillance by remaining
present outside his or her | ||
home, school, place of employment, vehicle or
other | ||
place occupied by petitioner or by peering in | ||
petitioner's windows;
| ||
(v) improperly concealing a minor child from | ||
petitioner, repeatedly
threatening to improperly | ||
remove a minor child of petitioner's from the
| ||
jurisdiction or from the physical care of petitioner, | ||
repeatedly threatening to
conceal a minor child from | ||
petitioner, or making a single such threat following
an | ||
actual or attempted improper removal or concealment, | ||
unless respondent was
fleeing from an incident or | ||
pattern of domestic violence; or
|
(vi) threatening physical force, confinement or | ||
restraint on one or more
occasions.
| ||
(5) "Interference with personal liberty" means | ||
committing or threatening
physical abuse, harassment, | ||
intimidation or willful deprivation so as to
compel another | ||
to engage in conduct from which she or he has a right to
| ||
abstain or to refrain from conduct
in which she or he has a | ||
right to engage.
| ||
(6) "Intimidation of a dependent" means subjecting a | ||
person who is
dependent because of age, health , or | ||
disability to participation in or the
witnessing of: | ||
physical force against another or physical confinement or
| ||
restraint of another which constitutes physical abuse as | ||
defined in this
Article, regardless of whether the abused | ||
person is a family or household member.
| ||
(7) "Order of protection" or "domestic violence order | ||
of protection" means an ex parte or final order, granted | ||
pursuant to this Article, which includes any or all
of the | ||
remedies authorized by Section 112A-14 of this Code.
| ||
(8) "Petitioner" may mean not only any named petitioner | ||
for the domestic violence order of
protection and any named | ||
victim of abuse on whose behalf the petition
is brought, | ||
but also any other person protected by this Article.
| ||
(9) "Physical abuse" includes sexual abuse and means | ||
any of the following:
| ||
(i) knowing or reckless use of physical force, |
confinement or restraint;
| ||
(ii) knowing, repeated and unnecessary sleep | ||
deprivation; or
| ||
(iii) knowing or reckless conduct which creates an | ||
immediate
risk of physical harm.
| ||
(9.3) "Respondent" in a petition for a domestic | ||
violence an order of protection means the defendant. | ||
(9.5) "Stay away" means for the respondent to refrain | ||
from both physical presence and nonphysical contact with | ||
the petitioner whether direct, indirect (including, but | ||
not limited to, telephone calls, mail, email, faxes, and | ||
written notes), or through third parties who may or may not | ||
know about the domestic violence order of protection.
| ||
(10) "Willful deprivation" means wilfully denying a | ||
person who because of
age, health or disability requires | ||
medication, medical care, shelter,
accessible shelter or | ||
services, food, therapeutic device, or other physical
| ||
assistance, and thereby exposing that person to the risk of | ||
physical, mental or
emotional harm, except with regard to | ||
medical care and treatment when such
dependent person has | ||
expressed the intent to forgo such medical care or
| ||
treatment. This paragraph (10) does not create any new | ||
affirmative duty to provide
support to dependent persons.
| ||
(c) For the purposes of cases involving sexual offenses, | ||
the following terms shall have the following meanings in this | ||
Article: |
(1) "Civil no contact order" means an ex parte or final | ||
order granted under this Article, which includes a remedy | ||
authorized by Section 112A-14.5 of this Code. | ||
(2) "Family or household members" include spouses, | ||
parents, children, stepchildren, and persons who share a | ||
common dwelling. | ||
(3) "Non-consensual" means a lack of freely given | ||
agreement. | ||
(4) "Petitioner" means not only any named petitioner | ||
for the civil no contact order and any named victim of | ||
non-consensual sexual conduct or non-consensual sexual | ||
penetration on whose behalf the petition is brought, but | ||
includes any other person sought to be protected under this | ||
Article. | ||
(5) "Respondent" in a petition for a civil no contact | ||
order means the defendant. | ||
(6) "Sexual conduct" means any intentional or knowing | ||
touching or fondling by the petitioner or the respondent, | ||
either directly or through clothing, of the sex organs, | ||
anus, or breast of the petitioner or the respondent, or any | ||
part of the body of a child under 13 years of age, or any | ||
transfer or transmission of semen by the respondent upon | ||
any part of the clothed or unclothed body of the | ||
petitioner, for the purpose of sexual gratification or | ||
arousal of the petitioner or the respondent. | ||
(7) "Sexual penetration" means any contact, however |
slight, between the sex organ or anus of one person by an | ||
object, the sex organ, mouth or anus of another person, or | ||
any intrusion, however slight, of any part of the body of | ||
one person or of any animal or object into the sex organ or | ||
anus of another person, including , but not limited to , | ||
cunnilingus, fellatio , or anal penetration. Evidence of | ||
emission of semen is not required to prove sexual | ||
penetration. | ||
(8) "Stay away" means to refrain from both physical | ||
presence and nonphysical contact with the petitioner | ||
directly, indirectly, or through third parties who may or | ||
may not know of the order. "Nonphysical contact" includes, | ||
but is not limited to, telephone calls, mail, e-mail, fax, | ||
and written notes. | ||
(d) For the purposes of cases involving stalking offenses, | ||
the following terms shall have the following meanings in this | ||
Article: | ||
(1) "Course of conduct" means 2 or more acts, | ||
including, but not limited to, acts in which a respondent | ||
directly, indirectly, or through third parties, by any | ||
action, method, device, or means follows, monitors, | ||
observes, surveils, threatens, or communicates to or | ||
about, a person, engages in other contact, or interferes | ||
with or damages a person's property or pet. A course of | ||
conduct may include contact via electronic communications. | ||
The incarceration of a person in a penal institution who |
commits the course of conduct is not a bar to prosecution. | ||
(2) "Emotional distress" means significant mental | ||
suffering, anxiety , or alarm. | ||
(3) "Contact" includes any contact with the victim, | ||
that is initiated or continued without the victim's | ||
consent, or that is in disregard of the victim's expressed | ||
desire that the contact be avoided or discontinued, | ||
including, but not limited to, being in the physical | ||
presence of the victim; appearing within the sight of the | ||
victim; approaching or confronting the victim in a public | ||
place or on private property; appearing at the workplace or | ||
residence of the victim; entering onto or remaining on | ||
property owned, leased, or occupied by the victim; or | ||
placing an object on, or delivering an object to, property | ||
owned, leased, or occupied by the victim. | ||
(4) "Petitioner" means any named petitioner for the | ||
stalking no contact order or any named victim of stalking | ||
on whose behalf the petition is brought. | ||
(5) "Reasonable person" means a person in the | ||
petitioner's circumstances with the petitioner's knowledge | ||
of the respondent and the respondent's prior acts. | ||
(6) "Respondent" in a petition for a civil no contact | ||
order means the defendant. | ||
(7) "Stalking" means engaging in a course of conduct | ||
directed at a specific person, and he or she knows or | ||
should know that this course of conduct would cause a |
reasonable person to fear for his or her safety or the | ||
safety of a third person or suffer emotional distress. | ||
"Stalking" does not include an exercise of the right to | ||
free speech or assembly that is otherwise lawful or | ||
picketing occurring at the workplace that is otherwise | ||
lawful and arises out of a bona fide labor dispute, | ||
including any controversy concerning wages, salaries, | ||
hours, working conditions or benefits, including health | ||
and welfare, sick leave, insurance, and pension or | ||
retirement provisions, the making or maintaining of | ||
collective bargaining agreements, and the terms to be | ||
included in those agreements. | ||
(8) "Stalking no contact order" means an ex parte or | ||
final order granted under this Article, which includes a | ||
remedy authorized by Section 112A-14.7 of this Code. | ||
(Source: P.A. 100-199, eff. 1-1-18 .)
| ||
(725 ILCS 5/112A-4.5) | ||
Sec. 112A-4.5. Who may file petition. | ||
(a) A petition for a domestic violence an order of | ||
protection may be filed: | ||
(1) by a named victim person
who
has been abused by a | ||
family or household member; or | ||
(2) by any person or by the State's Attorney on behalf
| ||
of a named victim who is a minor child or an adult who has | ||
been
abused by a family or household
member and who, |
because of age, health, disability, or inaccessibility,
| ||
cannot file the petition ; or . | ||
(3) by a State's Attorney on behalf of any minor child | ||
or dependent adult in the care of the named victim, if the | ||
named victim does not file a petition or request the | ||
State's Attorney file the petition. | ||
(b) A petition for a civil no contact order may be filed: | ||
(1) by any person who is a named victim of | ||
non-consensual
sexual conduct or non-consensual sexual | ||
penetration, including a single incident of non-consensual | ||
sexual conduct or non-consensual sexual penetration; or | ||
(2) by a person or by the State's Attorney on behalf of | ||
a named victim who is a minor child or an
adult who is a | ||
victim of non-consensual sexual conduct or non-consensual | ||
sexual penetration but, because of age, disability, | ||
health, or inaccessibility, cannot file the petition ; or . | ||
(3) by a State's Attorney on behalf of any minor child | ||
who is a family or household member of the named victim, if | ||
the named victim does not file a petition or request the | ||
State's Attorney file the petition. | ||
(c) A petition for a stalking no contact order may be | ||
filed: | ||
(1) by any person who is a named victim of stalking; or | ||
(2) by a person or by the State's Attorney on behalf of | ||
a named victim who is a minor child or an
adult who is a | ||
victim of stalking but, because of age, disability, health, |
or inaccessibility, cannot file the petition ; or . | ||
(3) by a State's Attorney on behalf of any minor child | ||
who is a family or household member of the named victim, if | ||
the named victim does not file a petition or request the | ||
State's Attorney file the petition. | ||
(d) The State's Attorney shall file a petition on behalf of | ||
on any person who may file a petition under subsections (a), | ||
(b) , or (c) of this Section if the person requests the State's | ||
Attorney to file a petition on the person's behalf , unless the | ||
State's Attorney has a good faith basis to delay filing the | ||
petition. The State's Attorney shall inform the person that the | ||
State's Attorney will not be filing the petition at that time | ||
and that the person may file a petition or may retain an | ||
attorney to file the petition. The State's Attorney may file | ||
the petition at a later date . | ||
(d-5) (1) A person eligible to file a petition under | ||
subsection (a), (b), or (c) of this Section may retain an | ||
attorney to represent the petitioner on the petitioner's | ||
request for a protective order. The attorney's representation | ||
is limited to matters related to the petition and relief | ||
authorized under this Article. | ||
(2) Advocates shall be allowed to accompany the | ||
petitioner and confer with the victim, unless otherwise | ||
directed by the court. Advocates are not engaged in the | ||
unauthorized practice of law when providing assistance to | ||
the petitioner. |
(e) Any petition properly
filed under this Article may seek
| ||
protection for any additional persons protected by this | ||
Article.
| ||
(Source: P.A. 100-199, eff. 1-1-18 .)
| ||
(725 ILCS 5/112A-5) (from Ch. 38, par. 112A-5)
| ||
Sec. 112A-5. Pleading; non-disclosure of address.
| ||
(a) A petition for a protective order shall be filed in | ||
conjunction with a delinquency petition or criminal | ||
prosecution, or in conjunction with imprisonment or a bond | ||
forfeiture warrant, provided the petition names a victim of the | ||
alleged crime. The petition may include a request for an ex | ||
parte protective order, a final protective order, or both. The | ||
petition shall be in writing and verified or accompanied by
| ||
affidavit
and shall allege that : | ||
(1) petitioner has been abused by respondent, who is a | ||
family or household member; | ||
(2) respondent has engaged in non-consensual sexual | ||
conduct or non-consensual sexual penetration, including a | ||
single incident of non-consensual sexual conduct or | ||
non-consensual sexual penetration with petitioner; or | ||
(3) petitioner has been stalked by respondent. | ||
The petition shall further set forth whether there is any | ||
other action between the petitioner and respondent. During the | ||
pendency of this proceeding, the petitioner and respondent have | ||
a continuing duty to inform the court of any subsequent |
proceeding for a protective order in this State or any other | ||
state. | ||
(a-5) The petition shall indicate whether an ex parte | ||
protective order, a protective order, or both are requested. If | ||
the respondent receives notice of a petition for a final | ||
protective order and the respondent requests a continuance to | ||
respond to the petition, the petitioner may, either orally or | ||
in writing, request an ex parte order. petitioner has been | ||
abused by respondent, who is a
family or household member.
The | ||
petition shall further set forth whether there is any other
| ||
action between the petitioner and respondent.
| ||
(b) The petitioner shall not be required to disclose the | ||
petitioner's address. If the petition states that disclosure of | ||
petitioner's
address would risk abuse to or endanger the safety | ||
of petitioner or any member of petitioner's
family or household
| ||
or reveal the confidential address of a shelter for domestic | ||
violence victims,
that address may be omitted from all | ||
documents filed with the court.
| ||
(Source: P.A. 100-199, eff. 1-1-18 .)
| ||
(725 ILCS 5/112A-5.5) | ||
Sec. 112A-5.5. Time for filing petition ; service on | ||
respondent, hearing on petition, and default orders . | ||
(a) A petition for a protective order may be filed at any | ||
time after a criminal charge or delinquency petition is filed | ||
and before the charge or delinquency petition is dismissed, the |
defendant or juvenile is acquitted, or the defendant or | ||
juvenile completes service of his or her sentence. The petition | ||
can be considered at any court proceeding in the delinquency or | ||
criminal case at which the defendant is present. The court may | ||
schedule a separate court proceeding to consider the petition.
| ||
(b) The request for an ex parte protective order may be | ||
considered without notice to the respondent under Section | ||
112A-17.5 of this Code. | ||
(c) A summons shall be issued and served for a protective | ||
order. The summons may be served by delivery to the respondent | ||
personally in open court in the criminal or juvenile | ||
delinquency proceeding, in the form prescribed by subsection | ||
(d) of Supreme Court Rule 101, except that it shall require | ||
respondent to answer or appear within 7 days. Attachments to | ||
the summons shall include the petition for protective order, | ||
supporting affidavits, if any, and any ex parte protective | ||
order that has been issued. | ||
(d) The summons shall be served by the sheriff or other law | ||
enforcement officer at the earliest time available and shall | ||
take precedence over any other summons, except those of a | ||
similar emergency nature. Attachments to the summons shall | ||
include the petition for protective order, supporting | ||
affidavits, if any, and any ex parte protective order that has | ||
been issued. 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 a county with a population over 3,000,000, | ||
a special process server may not be appointed if the protective | ||
order grants the surrender of a child, the surrender of a | ||
firearm or Firearm Owner's Identification Card, or the | ||
exclusive possession of a shared residence. | ||
(e) If the respondent is not served within 30 days of the | ||
filing of the petition, the court shall schedule a court | ||
proceeding on the issue of service. Either the petitioner, the | ||
petitioner's counsel, or the State's Attorney shall appear and | ||
the court shall either order continued attempts at personal | ||
service or shall order service by publication, in accordance | ||
with Sections 2-203, 2-206, and 2-207 of the Code of Civil | ||
Procedure. | ||
(f) The request for a final protective order can be | ||
considered at any court proceeding in the delinquency or | ||
criminal case after service of the petition. If the petitioner | ||
has not been provided notice of the court proceeding at least | ||
10 days in advance of the proceeding, the court shall schedule | ||
a hearing on the petition and provide notice to the petitioner. | ||
(g) Default orders. | ||
(1) A final domestic violence order of protection may | ||
be entered by default: | ||
(A) for any of the remedies sought in the petition, | ||
if respondent has been served with documents under | ||
subsection (b) or (c) of this Section and if respondent | ||
fails to appear on the specified return date or any |
subsequent hearing date agreed to by the petitioner and | ||
respondent or set by the court; or | ||
(B) for any of the remedies provided under | ||
paragraph (1), (2), (3), (5), (6), (7), (8), (9), (10), | ||
(11), (14), (15), (17), or (18) of subsection (b) of | ||
Section 112A-14 of this Code, or if the 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. | ||
(2) A final civil no contact order may be entered by | ||
default for any of the remedies provided in Section | ||
112A-14.5 of this Code, if respondent has been served with | ||
documents under subsection (b) or (c) of this Section, and | ||
if the 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. | ||
(3) A final stalking no contact order may be entered by | ||
default for any of the remedies provided by Section | ||
112A-14.7 of this Code, if respondent has been served with | ||
documents under subsection (b) or (c) of this Section and | ||
if the 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. | ||
(Source: P.A. 100-199, eff. 1-1-18 .) | ||
(725 ILCS 5/112A-6.1 new) |
Sec. 112A-6.1. Application of rules of civil procedure; | ||
criminal law. | ||
(a) Any proceeding to obtain, modify, re-open, or appeal a | ||
protective order and service of pleadings and notices shall be | ||
governed by the rules of civil procedure of this State. The | ||
Code of Civil Procedure and Supreme Court and local court rules | ||
applicable to civil proceedings shall apply, except as | ||
otherwise provided by law. Civil law on venue, discovery, and | ||
penalties for untrue statements shall not apply to protective | ||
order proceedings heard under this Article. | ||
(b) Criminal law on discovery, venue, and penalties for | ||
untrue statements apply to protective order proceedings under | ||
this Article. | ||
(c) Court proceedings related to the entry of a protective | ||
order and the determination of remedies shall not be used to | ||
obtain discovery that would not otherwise be available in a | ||
criminal prosecution or juvenile delinquency case.
| ||
(725 ILCS 5/112A-8) (from Ch. 38, par. 112A-8)
| ||
Sec. 112A-8. Subject matter jurisdiction. Each of the | ||
circuit courts
shall have the power to issue protective orders | ||
of protection .
| ||
(Source: P.A. 84-1305.)
| ||
(725 ILCS 5/112A-11.5) | ||
Sec. 112A-11.5. Issuance of protective order. |
(a) Except as provided in subsection (a-5) of this Section, | ||
the The court shall grant the petition and enter a protective | ||
order if the court finds prima facie evidence that a crime | ||
involving domestic violence, a sexual offense , or a crime | ||
involving stalking has been committed. The following shall be | ||
considered prima facie evidence of the crime: | ||
(1) an information, complaint, indictment , or | ||
delinquency petition, charging a crime of domestic | ||
violence, a sexual offense , or stalking or charging an | ||
attempt to commit a crime of domestic violence, a sexual | ||
offense , or stalking; or | ||
(2) an adjudication of delinquency, a finding of guilt | ||
based upon a plea, or a finding of guilt after a trial for | ||
a crime of domestic battery, a sexual crime , or stalking or | ||
an attempt to commit a crime of domestic violence, a sexual | ||
offense , or stalking; | ||
(3) any dispositional order issued under Section 5-710 | ||
of the Juvenile Court Act of 1987, the imposition of | ||
supervision, conditional discharge, probation, periodic | ||
imprisonment, parole, aftercare release , or mandatory | ||
supervised release for a crime of domestic violence, a | ||
sexual offense , or stalking or an attempt to commit a crime | ||
of domestic violence, a sexual offense, or stalking, or | ||
imprisonment in conjunction with a bond forfeiture | ||
warrant; or | ||
(4) the entry of a protective order in a separate civil |
case brought by the petitioner against the respondent. | ||
(a-5) The respondent may rebut prima facie evidence of the | ||
crime under paragraph (1) of subsection (a) of this Section by | ||
presenting evidence of a meritorious defense. The respondent | ||
shall file a written notice alleging a meritorious defense | ||
which shall be verified and supported by affidavit. The | ||
verified notice and affidavit shall set forth the evidence that | ||
will be presented at a hearing. If the court finds that the | ||
evidence presented at the hearing establishes a meritorious | ||
defense by a preponderance of the evidence, the court may | ||
decide not to issue a protective order. | ||
(b) The petitioner shall not be denied a protective order | ||
because the petitioner or the respondent is a minor. | ||
(c) The court, when determining whether or not to issue a | ||
protective order, may not require physical injury on the person | ||
of the victim.
| ||
(d) If the court issues a final protective order under this | ||
Section, the court shall afford the petitioner and respondent | ||
an opportunity to be heard on the remedies requested in the | ||
petition. | ||
(Source: P.A. 100-199, eff. 1-1-18 .)
| ||
(725 ILCS 5/112A-12) (from Ch. 38, par. 112A-12)
| ||
Sec. 112A-12. Transfer of issues not decided in cases | ||
involving domestic violence.
| ||
(a) (Blank).
|
(a-5) A petition for a domestic violence order of | ||
protection shall be treated as an expedited proceeding, and no | ||
court shall transfer or otherwise decline to decide all or part | ||
of the petition, except as otherwise provided in this Section. | ||
Nothing in this Section shall prevent the court from reserving | ||
issues when jurisdiction or notice requirements are not met. | ||
(b) A criminal court may decline to decide contested
issues | ||
of physical care and possession of a minor child, temporary | ||
allocation of parental responsibilities or significant | ||
decision-making responsibility, parenting time , custody, | ||
visitation,
or family support, unless a decision on one or more | ||
of those
contested issues is necessary to
avoid the risk of | ||
abuse, neglect, removal from the State, state or concealment
| ||
within the State state of the child or of separation of the | ||
child from the primary
caretaker.
| ||
(c) The court shall transfer to the appropriate court or | ||
division any issue
it has
declined to decide. Any court may | ||
transfer any matter which must be
tried by jury to a more | ||
appropriate calendar or division.
| ||
(d) If the court transfers or otherwise declines to decide | ||
any issue,
judgment on that issue shall be expressly reserved | ||
and ruling on other
issues shall not be delayed or declined.
| ||
(Source: P.A. 100-199, eff. 1-1-18 .)
| ||
(725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14)
| ||
Sec. 112A-14. Domestic violence order Order of protection; |
remedies.
| ||
(a) (Blank).
| ||
(b) The court may order any of the remedies listed in this | ||
subsection (b) .
The remedies listed in this subsection (b) | ||
shall be in addition to other civil
or criminal remedies | ||
available to petitioner.
| ||
(1) Prohibition of abuse. Prohibit respondent's | ||
harassment,
interference with personal liberty, | ||
intimidation of a dependent, physical
abuse , or willful | ||
deprivation, as defined in this Article, if such abuse has
| ||
occurred or otherwise appears likely to occur if not | ||
prohibited.
| ||
(2) Grant of exclusive possession of residence. | ||
Prohibit respondent
from entering or remaining in any | ||
residence, household, or premises of the petitioner,
| ||
including one owned or leased by respondent, if petitioner | ||
has a right
to occupancy thereof. The grant of exclusive | ||
possession of the residence, household, or premises
shall | ||
not affect title to real property, nor shall the court be | ||
limited by
the standard set forth in Section 701 of the | ||
Illinois Marriage and
Dissolution of Marriage Act.
| ||
(A) Right to occupancy. A party has a right to | ||
occupancy of a
residence or household if it is
solely | ||
or jointly owned or leased by that party, that party's | ||
spouse, a
person with a legal duty to support that | ||
party or a minor child in that
party's care, or by any |
person or entity other than the opposing party that
| ||
authorizes that party's occupancy (e.g., a domestic | ||
violence shelter).
Standards set forth in subparagraph | ||
(B) shall not preclude equitable relief.
| ||
(B) Presumption of hardships. If petitioner and | ||
respondent
each has the right to occupancy of a | ||
residence or household, the court
shall balance (i) the | ||
hardships to respondent and any minor child or
| ||
dependent adult in respondent's care resulting from | ||
entry of this remedy with (ii)
the hardships to | ||
petitioner and any minor child or dependent adult in
| ||
petitioner's care resulting from continued exposure to | ||
the risk of abuse (should
petitioner remain at the | ||
residence or household) or from loss of possession
of | ||
the residence or household (should petitioner leave to | ||
avoid the risk
of abuse). When determining the balance | ||
of hardships, the court shall also
take into account | ||
the accessibility of the residence or household.
| ||
Hardships need not be balanced if respondent does not | ||
have a right to occupancy.
| ||
The balance of hardships is presumed to favor | ||
possession by
petitioner unless the presumption is | ||
rebutted by a preponderance of the
evidence, showing | ||
that the hardships to respondent substantially | ||
outweigh
the hardships to petitioner and any minor | ||
child or dependent adult in petitioner's
care. The |
court, on the request of petitioner or on its own | ||
motion,
may order respondent to provide suitable, | ||
accessible, alternate housing
for petitioner instead | ||
of
excluding respondent from a mutual residence or | ||
household.
| ||
(3) Stay away order and additional prohibitions.
Order | ||
respondent to stay away from petitioner or any other person
| ||
protected by the domestic violence order of protection, or | ||
prohibit respondent from entering
or remaining present at | ||
petitioner's school, place of employment, or other
| ||
specified places at times when petitioner is present, or | ||
both, if
reasonable, given
the balance of hardships. | ||
Hardships need not be balanced for the court
to enter a | ||
stay away order or prohibit entry
if respondent has no | ||
right to enter the premises.
| ||
(A) If a domestic violence an order of protection | ||
grants petitioner exclusive possession
of the | ||
residence, or prohibits respondent from entering the | ||
residence,
or orders respondent to stay away from | ||
petitioner or other
protected persons, then the court | ||
may allow respondent access to the
residence to remove | ||
items of clothing and personal adornment
used | ||
exclusively by respondent, medications, and other | ||
items as the court directs.
The right to access shall | ||
be exercised on only one occasion as the court directs
| ||
and in the presence of an agreed-upon adult third party |
or law enforcement officer.
| ||
(B) When the petitioner and the respondent attend | ||
the same public, private, or non-public elementary, | ||
middle, or high school, the court when issuing a | ||
domestic violence an order of protection and providing | ||
relief shall consider the severity of the act, any | ||
continuing physical danger or emotional distress to | ||
the petitioner, the educational rights guaranteed to | ||
the petitioner and respondent under federal and State | ||
law, the availability of a transfer of the respondent | ||
to another school, a change of placement or a change of | ||
program of the respondent, the expense, difficulty, | ||
and educational disruption that would be caused by a | ||
transfer of the respondent to another school, and any | ||
other relevant facts of the case. The court may order | ||
that the respondent not attend the public, private, or | ||
non-public elementary, middle, or high school attended | ||
by the petitioner, order that the respondent accept a | ||
change of placement or change of program, as determined | ||
by the school district or private or non-public school, | ||
or place restrictions on the respondent's movements | ||
within the school attended by the petitioner. The | ||
respondent bears the burden of proving by a | ||
preponderance of the evidence that a transfer, change | ||
of placement, or change of program of the respondent is | ||
not available. The respondent also bears the burden of |
production with respect to the expense, difficulty, | ||
and educational disruption that would be caused by a | ||
transfer of the respondent to another school. A | ||
transfer, change of placement, or change of program is | ||
not unavailable to the respondent solely on the ground | ||
that the respondent does not agree with the school | ||
district's or private or non-public school's transfer, | ||
change of placement, or change of program or solely on | ||
the ground that the respondent fails or refuses to | ||
consent or otherwise does not take an action required | ||
to effectuate a transfer, change of placement, or | ||
change of program. When a court orders a respondent to | ||
stay away from the public, private, or non-public | ||
school attended by the petitioner and the respondent | ||
requests a transfer to another attendance center | ||
within the respondent's school district or private or | ||
non-public school, the school district or private or | ||
non-public school shall have sole discretion to | ||
determine the attendance center to which the | ||
respondent is transferred. If the court order results | ||
in a transfer of the minor respondent to another | ||
attendance center, a change in the respondent's | ||
placement, or a change of the respondent's program, the | ||
parents, guardian, or legal custodian of the | ||
respondent is responsible for transportation and other | ||
costs associated with the transfer or change. |
(C) The court may order the parents, guardian, or | ||
legal custodian of a minor respondent to take certain | ||
actions or to refrain from taking certain actions to | ||
ensure that the respondent complies with the order. If | ||
the court orders a transfer of the respondent to | ||
another school, the parents, guardian, or legal | ||
custodian of the respondent is responsible for | ||
transportation and other costs associated with the | ||
change of school by the respondent. | ||
(4) Counseling. Require or recommend the respondent to | ||
undergo
counseling for a specified duration with a social | ||
worker, psychologist,
clinical psychologist, psychiatrist, | ||
family service agency, alcohol or
substance abuse program, | ||
mental health center guidance counselor, agency
providing | ||
services to elders, program designed for domestic violence
| ||
abusers or any other guidance service the court deems | ||
appropriate. The court may order the respondent in any | ||
intimate partner relationship to report to an Illinois | ||
Department of Human Services protocol approved partner | ||
abuse intervention program for an assessment and to follow | ||
all recommended treatment.
| ||
(5) Physical care and possession of the minor child. In | ||
order to protect
the minor child from abuse, neglect, or | ||
unwarranted separation from the person
who has been the | ||
minor child's primary caretaker, or to otherwise protect | ||
the
well-being of the minor child, the court may do either |
or both of the following:
(i) grant petitioner physical | ||
care or possession of the minor child, or both, or
(ii) | ||
order respondent to return a minor child to, or not remove | ||
a minor child
from, the physical care of a parent or person | ||
in loco parentis.
| ||
If the respondent is charged with abuse
(as defined in | ||
Section 112A-3 of this Code ) of a minor child, there shall | ||
be a
rebuttable presumption that awarding physical care to | ||
respondent would not
be in the minor child's best interest.
| ||
(6) Temporary allocation of parental responsibilities | ||
and significant decision-making responsibilities legal | ||
custody .
Award temporary significant decision-making | ||
responsibility legal custody to petitioner in accordance | ||
with this Section,
the Illinois Marriage
and Dissolution of | ||
Marriage Act, the Illinois Parentage Act of 2015,
and this | ||
State's Uniform Child-Custody
Jurisdiction and Enforcement | ||
Act.
| ||
If the respondent
is charged with abuse (as defined in | ||
Section 112A-3 of this Code ) of a
minor child, there shall | ||
be a rebuttable presumption that awarding
temporary | ||
significant decision-making responsibility legal custody | ||
to respondent would not be in the
child's best interest.
| ||
(7) Parenting time Visitation . Determine the parenting | ||
time
visitation rights , if any, of respondent in any case | ||
in which the court
awards physical care or temporary | ||
significant decision-making responsibility legal custody |
of a minor child to
petitioner. The court shall restrict or | ||
deny respondent's parenting time visitation with
a minor | ||
child if
the court finds that respondent has done or is | ||
likely to do any of the
following: | ||
(i) abuse or endanger the minor child during | ||
parenting time visitation ; | ||
(ii) use the parenting time
visitation as an | ||
opportunity to abuse or harass petitioner or
| ||
petitioner's family or household members; | ||
(iii) improperly conceal or
detain the minor | ||
child; or | ||
(iv) otherwise act in a manner that is not in
the | ||
best interests of the minor child. | ||
The court shall not be limited by the
standards set | ||
forth in Section 603.10 607.1 of the Illinois Marriage and
| ||
Dissolution of Marriage Act. If the court grants parenting | ||
time visitation , the order
shall specify dates and times | ||
for the parenting time visitation to take place or other
| ||
specific parameters or conditions that are appropriate. No | ||
order for parenting time
visitation shall refer merely to | ||
the term "reasonable parenting time" "reasonable | ||
visitation" . Petitioner may deny respondent access to the | ||
minor child if, when
respondent arrives for parenting time | ||
visitation , respondent is under the influence of drugs
or | ||
alcohol and constitutes a threat to the safety and | ||
well-being of
petitioner or petitioner's minor children or |
is behaving in a violent or abusive manner. If necessary to | ||
protect any member of petitioner's family or
household from | ||
future abuse, respondent shall be prohibited from coming to
| ||
petitioner's residence to meet the minor child for | ||
parenting time visitation , and the petitioner and | ||
respondent
parties shall submit to the court their | ||
recommendations for reasonable
alternative arrangements | ||
for parenting time visitation . A person may be approved to
| ||
supervise parenting time visitation only after filing an | ||
affidavit accepting
that responsibility and acknowledging | ||
accountability to the court.
| ||
(8) Removal or concealment of minor child.
Prohibit | ||
respondent from
removing a minor child from the State or | ||
concealing the child within the
State.
| ||
(9) Order to appear. Order the respondent to
appear in | ||
court, alone
or with a minor child, to prevent abuse, | ||
neglect, removal or concealment of
the child, to return the | ||
child to the custody or care of the petitioner , or
to | ||
permit any court-ordered interview or examination of the | ||
child or the
respondent.
| ||
(10) Possession of personal property. Grant petitioner | ||
exclusive
possession of personal property and, if | ||
respondent has possession or
control, direct respondent to | ||
promptly make it available to petitioner, if:
| ||
(i) petitioner, but not respondent, owns the | ||
property; or
|
(ii) the petitioner and respondent parties own the | ||
property jointly; sharing it would risk
abuse of | ||
petitioner by respondent or is impracticable; and the | ||
balance of
hardships favors temporary possession by | ||
petitioner.
| ||
If petitioner's sole claim to ownership of the property | ||
is that it is
marital property, the court may award | ||
petitioner temporary possession
thereof under the | ||
standards of subparagraph (ii) of this paragraph only if
a | ||
proper proceeding has been filed under the Illinois | ||
Marriage and
Dissolution of Marriage Act, as now or | ||
hereafter amended.
| ||
No order under this provision shall affect title to | ||
property.
| ||
(11) Protection of property. Forbid the respondent | ||
from taking,
transferring, encumbering, concealing, | ||
damaging , or otherwise disposing of
any real or personal | ||
property, except as explicitly authorized by the
court, if:
| ||
(i) petitioner, but not respondent, owns the | ||
property; or
| ||
(ii) the petitioner and respondent parties own the | ||
property jointly,
and the balance of hardships favors | ||
granting this remedy.
| ||
If petitioner's sole claim to ownership of the property | ||
is that it is
marital property, the court may grant | ||
petitioner relief under subparagraph
(ii) of this |
paragraph only if a proper proceeding has been filed under | ||
the
Illinois Marriage and Dissolution of Marriage Act, as | ||
now or hereafter amended.
| ||
The court may further prohibit respondent from | ||
improperly using the
financial or other resources of an | ||
aged member of the family or household
for the profit or | ||
advantage of respondent or of any other person.
| ||
(11.5) Protection of animals. Grant the petitioner the | ||
exclusive care, custody, or control of any animal owned, | ||
possessed, leased, kept, or held by either the petitioner | ||
or the respondent or a minor child residing in the | ||
residence or household of either the petitioner or the | ||
respondent and order the respondent to stay away from the | ||
animal and forbid the respondent from taking, | ||
transferring, encumbering, concealing, harming, or | ||
otherwise disposing of the animal.
| ||
(12) Order for payment of support. Order
respondent to | ||
pay temporary
support for the petitioner or any child in | ||
the petitioner's care or over whom the petitioner has been | ||
allocated parental responsibility
custody , when the | ||
respondent has a legal obligation to support that person,
| ||
in accordance with the Illinois Marriage and Dissolution
of | ||
Marriage Act, which shall govern, among other matters, the | ||
amount of
support, payment through the clerk and | ||
withholding of income to secure
payment. An order for child | ||
support may be granted to a petitioner with
lawful physical |
care or custody of a child, or an order or agreement for
| ||
physical care of a child or custody , prior to entry of an | ||
order allocating significant decision-making | ||
responsibility for legal custody .
Such a support order | ||
shall expire upon entry of a valid order allocating | ||
parental responsibility differently and vacating | ||
petitioner's significant decision-making responsibility | ||
granting
legal custody to another, unless otherwise | ||
provided in the custody order.
| ||
(13) Order for payment of losses. Order
respondent to | ||
pay petitioner
for losses suffered as a direct result of | ||
the abuse. Such losses shall
include, but not be limited | ||
to, medical expenses, lost earnings or other
support, | ||
repair or replacement of property damaged or taken, | ||
reasonable
attorney's fees, court costs , and moving or | ||
other travel expenses, including
additional reasonable | ||
expenses for temporary shelter and restaurant meals.
| ||
(i) Losses affecting family needs. If a party is | ||
entitled to seek
maintenance, child support , or | ||
property distribution from the other party
under the | ||
Illinois Marriage and Dissolution of Marriage Act, as | ||
now or
hereafter amended, the court may order | ||
respondent to reimburse petitioner's
actual losses, to | ||
the extent that such reimbursement would be | ||
"appropriate
temporary relief", as authorized by | ||
subsection (a)(3) of
Section 501 of that Act.
|
(ii) Recovery of expenses. In the case of an | ||
improper concealment
or removal of a minor child, the | ||
court may order respondent to pay the reasonable
| ||
expenses incurred or to be incurred in the search for | ||
and recovery of the
minor child, including , but not | ||
limited to , legal fees, court costs, private
| ||
investigator fees, and travel costs.
| ||
(14) Prohibition of entry. Prohibit the respondent | ||
from entering or
remaining in the residence or household | ||
while the respondent is under the
influence of alcohol or | ||
drugs and constitutes a threat to the safety and
well-being | ||
of the petitioner or the petitioner's children.
| ||
(14.5) Prohibition of firearm possession. | ||
(A) A person who is subject to an existing domestic | ||
violence order of protection , issued under this Code | ||
may not lawfully possess weapons under Section 8.2 of | ||
the Firearm Owners Identification Card Act. | ||
(B) Any firearms in the
possession of the | ||
respondent, except as provided in subparagraph (C) of | ||
this paragraph (14.5), shall be ordered by the court to | ||
be turned
over to a person with a valid Firearm Owner's | ||
Identification Card for safekeeping. The court shall | ||
issue an order that the respondent's Firearm Owner's | ||
Identification Card be turned over to the local law | ||
enforcement agency, which in turn shall immediately | ||
mail the card to the Department of State Police Firearm |
Owner's Identification Card Office for safekeeping.
| ||
The period of safekeeping shall be for the duration of | ||
the domestic violence order of protection. The firearm | ||
or firearms and Firearm Owner's Identification Card, | ||
if unexpired, shall at the respondent's request be | ||
returned to the respondent at expiration of the | ||
domestic violence order of protection.
| ||
(C) If the respondent is a peace officer as defined | ||
in Section 2-13 of
the
Criminal Code of 2012, the court | ||
shall order that any firearms used by the
respondent in | ||
the performance of his or her duties as a
peace officer | ||
be surrendered to
the chief law enforcement executive | ||
of the agency in which the respondent is
employed, who | ||
shall retain the firearms for safekeeping for the | ||
duration of the domestic violence order of protection.
| ||
(D) Upon expiration of the period of safekeeping, | ||
if the firearms or Firearm Owner's Identification Card | ||
cannot be returned to respondent because respondent | ||
cannot be located, fails to respond to requests to | ||
retrieve the firearms, or is not lawfully eligible to | ||
possess a firearm, upon petition from the local law | ||
enforcement agency, the court may order the local law | ||
enforcement agency to destroy the firearms, use the | ||
firearms for training purposes, or for any other | ||
application as deemed appropriate by the local law | ||
enforcement agency; or that the firearms be turned over |
to a third party who is lawfully eligible to possess | ||
firearms, and who does not reside with respondent. | ||
(15) Prohibition of access to records. If a domestic | ||
violence an order of protection
prohibits respondent from | ||
having contact with the minor child,
or if petitioner's | ||
address is omitted under subsection (b) of
Section 112A-5 | ||
of this Code , or if necessary to prevent abuse or wrongful | ||
removal or
concealment of a minor child, the order shall | ||
deny respondent access to, and
prohibit respondent from | ||
inspecting, obtaining, or attempting to
inspect or obtain, | ||
school or any other records of the minor child
who is in | ||
the care of petitioner.
| ||
(16) Order for payment of shelter services. Order | ||
respondent to
reimburse a shelter providing temporary | ||
housing and counseling services to
the petitioner for the | ||
cost of the services, as certified by the shelter
and | ||
deemed reasonable by the court.
| ||
(17) Order for injunctive relief. Enter injunctive | ||
relief necessary
or appropriate to prevent further abuse of | ||
a family or household member or
to effectuate one of the | ||
granted remedies, if supported by the balance of
hardships. | ||
If the harm to be prevented by the injunction is abuse or | ||
any
other harm that one of the remedies listed in | ||
paragraphs (1) through (16)
of this subsection is designed | ||
to prevent, no further evidence is necessary
to establish | ||
that the harm is an irreparable injury.
|
(18) Telephone services. | ||
(A) Unless a condition described in subparagraph | ||
(B) of this paragraph exists, the court may, upon | ||
request by the petitioner, order a wireless telephone | ||
service provider to transfer to the petitioner the | ||
right to continue to use a telephone number or numbers | ||
indicated by the petitioner and the financial | ||
responsibility associated with the number or numbers, | ||
as set forth in subparagraph (C) of this paragraph. In | ||
For purposes of this paragraph (18), the term "wireless | ||
telephone service provider" means a provider of | ||
commercial mobile service as defined in 47 U.S.C. 332. | ||
The petitioner may request the transfer of each | ||
telephone number that the petitioner, or a minor child | ||
in his or her custody, uses. The clerk of the court | ||
shall serve the order on the wireless telephone service | ||
provider's agent for service of process provided to the | ||
Illinois Commerce Commission. The order shall contain | ||
all of the following: | ||
(i) The name and billing telephone number of | ||
the account holder including the name of the | ||
wireless telephone service provider that serves | ||
the account. | ||
(ii) Each telephone number that will be | ||
transferred. | ||
(iii) A statement that the provider transfers |
to the petitioner all financial responsibility for | ||
and right to the use of any telephone number | ||
transferred under this paragraph. | ||
(B) A wireless telephone service provider shall | ||
terminate the respondent's use of, and shall transfer | ||
to the petitioner use of, the telephone number or | ||
numbers indicated in subparagraph (A) of this | ||
paragraph unless it notifies the petitioner, within 72 | ||
hours after it receives the order, that one of the | ||
following applies: | ||
(i) The account holder named in the order has | ||
terminated the account. | ||
(ii) A difference in network technology would | ||
prevent or impair the functionality of a device on | ||
a network if the transfer occurs. | ||
(iii) The transfer would cause a geographic or | ||
other limitation on network or service provision | ||
to the petitioner. | ||
(iv) Another technological or operational | ||
issue would prevent or impair the use of the | ||
telephone number if the transfer occurs. | ||
(C) The petitioner assumes all financial | ||
responsibility for and right to the use of any | ||
telephone number transferred under this paragraph. In | ||
this paragraph, "financial responsibility" includes | ||
monthly service costs and costs associated with any |
mobile device associated with the number. | ||
(D) A wireless telephone service provider may | ||
apply to the petitioner its routine and customary | ||
requirements for establishing an account or | ||
transferring a number, including requiring the | ||
petitioner to provide proof of identification, | ||
financial information, and customer preferences.
| ||
(E) Except for willful or wanton misconduct, a | ||
wireless telephone service provider is immune from | ||
civil liability for its actions taken in compliance | ||
with a court order issued under this paragraph. | ||
(F) All wireless service providers that provide | ||
services to residential customers shall provide to the | ||
Illinois Commerce Commission the name and address of an | ||
agent for service of orders entered under this | ||
paragraph (18). Any change in status of the registered | ||
agent must be reported to the Illinois Commerce | ||
Commission within 30 days of such change. | ||
(G) The Illinois Commerce Commission shall | ||
maintain the list of registered agents for service for | ||
each wireless telephone service provider on the | ||
Commission's website. The Commission may consult with | ||
wireless telephone service providers and the Circuit | ||
Court Clerks on the manner in which this information is | ||
provided and displayed. | ||
(c) Relevant factors; findings.
|
(1) In determining whether to grant a
specific remedy, | ||
other than payment of support, the
court shall consider | ||
relevant factors, including , but not limited to , the
| ||
following:
| ||
(i) the nature, frequency, severity, pattern , and | ||
consequences of the
respondent's past abuse of the | ||
petitioner or any family or household
member, | ||
including the concealment of his or her location in | ||
order to evade
service of process or notice, and the | ||
likelihood of danger of future abuse to
petitioner or
| ||
any member of petitioner's or respondent's family or | ||
household; and
| ||
(ii) the danger that any minor child will be abused | ||
or neglected or
improperly relocated removed from the | ||
jurisdiction, improperly concealed within the
State or | ||
improperly separated from the child's primary | ||
caretaker.
| ||
(2) In comparing relative hardships resulting to the | ||
parties from loss
of possession of the family home, the | ||
court shall consider relevant
factors, including , but not | ||
limited to , the following:
| ||
(i) availability, accessibility, cost, safety, | ||
adequacy, location and other
characteristics of | ||
alternate housing for each party and any minor child or
| ||
dependent adult in the party's care;
| ||
(ii) the effect on the party's employment; and
|
(iii) the effect on the relationship of the party, | ||
and any minor
child or dependent adult in the party's | ||
care, to family, school, church ,
and community.
| ||
(3) Subject to the exceptions set forth in paragraph | ||
(4) of this
subsection (c) , the court shall make its | ||
findings in an official record or in
writing, and shall at | ||
a minimum set forth the following:
| ||
(i) That the court has considered the applicable | ||
relevant factors
described in paragraphs (1) and (2) of | ||
this subsection (c) .
| ||
(ii) Whether the conduct or actions of respondent, | ||
unless
prohibited, will likely cause irreparable harm | ||
or continued abuse.
| ||
(iii) Whether it is necessary to grant the | ||
requested relief in order
to protect petitioner or | ||
other alleged abused persons.
| ||
(4) (Blank).
| ||
(5) Never married parties. No rights or | ||
responsibilities for a minor
child born outside of marriage | ||
attach to a putative father until a father and
child | ||
relationship has been established under the Illinois | ||
Parentage Act of
1984 , or under the Illinois Parentage Act | ||
of 2015 , the Illinois Public Aid Code, Section 12 of the | ||
Vital Records Act, the Juvenile Court Act of 1987, the | ||
Probate Act of 1975, the Uniform Interstate Family Support | ||
Act, the Expedited Child Support Act of 1990, any judicial, |
administrative, or other act of another state or territory, | ||
any other statute of this State, or by any foreign nation | ||
establishing the father and child relationship, any other | ||
proceeding substantially in conformity with the federal | ||
Personal Responsibility and Work Opportunity | ||
Reconciliation Act of 1996, or when both parties appeared | ||
in open court or at an administrative hearing acknowledging | ||
under oath or admitting by affirmation the existence of a | ||
father and child relationship on and after the effective | ||
date of that Act . Absent such an adjudication, no putative | ||
father shall be granted
temporary allocation of parental | ||
responsibilities, including parenting time custody of the | ||
minor child, visitation with the minor child, or
physical | ||
care
and possession of the minor child, nor shall
an order | ||
of payment for support of the minor child be entered.
| ||
(d) Balance of hardships; findings. If the court finds that | ||
the balance
of hardships does not support the granting of a | ||
remedy governed by
paragraph (2), (3), (10), (11), or (16) of
| ||
subsection (b) of this Section,
which may require such | ||
balancing, the court's findings shall so
indicate and shall | ||
include a finding as to whether granting the remedy will
result | ||
in hardship to respondent that would substantially outweigh the | ||
hardship
to petitioner
from denial of the remedy. The findings | ||
shall be an official record or in
writing.
| ||
(e) Denial of remedies. Denial of any remedy shall not be | ||
based, in
whole or in part, on evidence that:
|
(1) respondent Respondent has cause for any use of | ||
force, unless that cause
satisfies the standards for | ||
justifiable use of force provided by Article
7 of the | ||
Criminal Code of 2012;
| ||
(2) respondent Respondent was voluntarily intoxicated;
| ||
(3) petitioner Petitioner acted in self-defense or | ||
defense of another, provided
that, if petitioner utilized | ||
force, such force was justifiable under
Article 7 of the | ||
Criminal Code of 2012;
| ||
(4) petitioner Petitioner did not act in self-defense | ||
or defense of another;
| ||
(5) petitioner Petitioner left the residence or | ||
household to avoid further abuse
by respondent;
| ||
(6) petitioner Petitioner did not leave the residence | ||
or household to avoid further
abuse by respondent; or
| ||
(7) conduct Conduct by any family or household member | ||
excused the abuse by
respondent, unless that same conduct | ||
would have excused such abuse if the
parties had not been | ||
family or household members.
| ||
(Source: P.A. 99-85, eff. 1-1-16; 100-199, eff. 1-1-18; | ||
100-388, eff. 1-1-18; revised 10-10-17.)
| ||
(725 ILCS 5/112A-16) (from Ch. 38, par. 112A-16)
| ||
Sec. 112A-16. Accountability for Actions of Others. For the | ||
purposes of
issuing a domestic violence an order of protection,
| ||
deciding what remedies should be included and enforcing the |
order, Article
5 of the Criminal Code of 2012 shall govern | ||
whether respondent is legally
accountable for the conduct of | ||
another person.
| ||
(Source: P.A. 97-1150, eff. 1-25-13.)
| ||
(725 ILCS 5/112A-17.5 new) | ||
Sec. 112A-17.5. Ex parte protective orders. | ||
(a) The petitioner may request expedited consideration of | ||
the petition for an ex parte protective order. The court shall | ||
consider the request on an expedited basis without requiring | ||
the respondent's presence or requiring notice to the | ||
respondent. | ||
(b) Issuance of ex parte protective orders in cases | ||
involving domestic violence. An ex parte domestic violence | ||
order of protection shall be issued if petitioner satisfies the | ||
requirements of this subsection (b) for one or more of the | ||
requested remedies. For each remedy requested, petitioner | ||
shall establish that: | ||
(1) the court has jurisdiction under Section 112A-9 of | ||
this Code; | ||
(2) the requirements of subsection (a) of Section | ||
112A-11.5 of this Code are satisfied; and | ||
(3) there is good cause to grant the remedy, regardless | ||
of prior service of process or notice upon the respondent, | ||
because: | ||
(A) for the remedy of prohibition of abuse |
described in paragraph (1) of subsection (b) of Section | ||
112A-14 of this Code; stay away order and additional | ||
prohibitions described in paragraph (3) of subsection | ||
(b) of Section 112A-14 of this Code; removal or | ||
concealment of minor child described in paragraph (8) | ||
of subsection (b) of Section 112A-14 of this Code; | ||
order to appear described in paragraph (9) of | ||
subsection (b) of Section 112A-14 of this Code; | ||
physical care and possession of the minor child | ||
described in paragraph (5) of subsection (b) of Section | ||
112A-14 of this Code; protection of property described | ||
in paragraph (11) of subsection (b) of Section 112A-14 | ||
of this Code; prohibition of entry described in | ||
paragraph (14) of subsection (b) of Section 112A-14 of | ||
this Code; prohibition of firearm possession described | ||
in paragraph (14.5) of subsection (b) of Section | ||
112A-14 of this Code; prohibition of access to records | ||
described in paragraph (15) of subsection (b) of | ||
Section 112A-14 of this Code; injunctive relief | ||
described in paragraph (16) of subsection (b) of | ||
Section 112A-14 of this Code; and telephone services | ||
described in paragraph (18) of subsection (b) of | ||
Section 112A-14 of this Code, the harm which that | ||
remedy is intended to prevent would be likely to occur | ||
if the respondent were given any prior notice, or | ||
greater notice than was actually given, of the |
petitioner's efforts to obtain judicial relief; | ||
(B) for the remedy of grant of exclusive possession | ||
of residence described in paragraph (2) of subsection | ||
(b) of Section 112A-14 of this Code; the immediate | ||
danger of further abuse of the petitioner by the | ||
respondent, if the petitioner chooses or had chosen to | ||
remain in the residence or household while the | ||
respondent was given any prior notice or greater notice | ||
than was actually given of the petitioner's efforts to | ||
obtain judicial relief outweighs the hardships to the | ||
respondent of an emergency order granting the | ||
petitioner exclusive possession of the residence or | ||
household; and the remedy shall not be denied because | ||
the petitioner has or could obtain temporary shelter | ||
elsewhere while prior notice is given to the | ||
respondent, unless the hardship to the respondent from | ||
exclusion from the home substantially outweigh the | ||
hardship to the petitioner; or | ||
(C) for the remedy of possession of personal | ||
property described in paragraph (10) of subsection (b) | ||
of Section 112A-14 of this Code; improper disposition | ||
of the personal property would be likely to occur if | ||
the respondent were given any prior notice, or greater | ||
notice than was actually given, of the petitioner's | ||
efforts to obtain judicial relief or the petitioner has | ||
an immediate and pressing need for the possession of |
that property. | ||
An ex parte domestic violence order of protection may not | ||
include the counseling, custody, or payment of support or | ||
monetary compensation remedies provided by paragraphs (4), | ||
(12), (13), and (16) of subsection (b) of Section 112A-14 of | ||
this Code. | ||
(c) Issuance of ex parte civil no contact order in cases | ||
involving sexual offenses. An ex parte civil no contact order | ||
shall be issued if the petitioner establishes that: | ||
(1) the court has jurisdiction under Section 112A-9 of | ||
this Code; | ||
(2) the requirements of subsection (a) of Section | ||
112A-11.5 of this Code are satisfied; and | ||
(3) there is good cause to grant the remedy, regardless | ||
of prior service of process or of notice upon the | ||
respondent, because the harm which that remedy is intended | ||
to prevent would be likely to occur if the respondent were | ||
given any prior notice, or greater notice than was actually | ||
given, of the petitioner's efforts to obtain judicial | ||
relief. | ||
The court may order any of the remedies under Section | ||
112A-14.5 of this Code. | ||
(d) Issuance of ex parte stalking no contact order in cases | ||
involving stalking offenses. An ex parte stalking no contact | ||
order shall be issued if the petitioner establishes that: | ||
(1) the court has jurisdiction under Section 112A-9 of |
this Code; | ||
(2) the requirements of subsection (a) of Section | ||
112A-11.5 of this Code are satisfied; and | ||
(3) there is good cause to grant the remedy, regardless | ||
of prior service of process or of notice upon the | ||
respondent, because the harm which that remedy is intended | ||
to prevent would be likely to occur if the respondent were | ||
given any prior notice, or greater notice than was actually | ||
given, of the petitioner's efforts to obtain judicial | ||
relief. | ||
The court may order any of the remedies under Section | ||
112A-14.7 of this Code. | ||
(e) Issuance of ex parte protective orders on court | ||
holidays and evenings. | ||
When the court is unavailable at the close of business, the | ||
petitioner may file a petition for an ex parte protective order | ||
before any available circuit judge or associate judge who may | ||
grant relief under this Article. If the judge finds that | ||
petitioner has satisfied the prerequisites in subsection (b), | ||
(c), or (d) of this Section, the judge shall issue an ex parte | ||
protective order. | ||
The chief judge of the circuit court may designate for each | ||
county in the circuit at least one judge to be reasonably | ||
available to issue orally, by telephone, by facsimile, or | ||
otherwise, an ex parte protective order at all times, whether | ||
or not the court is in session. |
The judge who issued the order under this Section shall | ||
promptly communicate or convey the order to the sheriff to | ||
facilitate the entry of the order into the Law Enforcement | ||
Agencies Data System by the Department of State Police under | ||
Section 112A-28 of this Code. Any order issued under this | ||
Section and any documentation in support of it shall be | ||
certified on the next court day to the appropriate court. The | ||
clerk of that court shall immediately assign a case number, | ||
file the petition, order, and other documents with the court | ||
and enter the order of record and file it with the sheriff for | ||
service under subsection (f) of this Section. Failure to comply | ||
with the requirements of this subsection (e) shall not affect | ||
the validity of the order. | ||
(f) Service of ex parte protective order on respondent. | ||
(1) If an ex parte protective order is entered at the | ||
time a summons or arrest warrant is issued for the criminal | ||
charge, the petition for the protective order, any | ||
supporting affidavits, if any, and the ex parte protective | ||
order that has been issued shall be served with the summons | ||
or arrest warrant. The enforcement of a protective order | ||
under Section 112A-23 of this Code shall not be affected by | ||
the lack of service or delivery, provided the requirements | ||
of subsection (a) of Section 112A-23 of this Code are | ||
otherwise met. | ||
(2) If an ex parte protective order is entered after a | ||
summons or arrest warrant is issued and before the |
respondent makes an initial appearance in the criminal | ||
case, the summons shall be in the form prescribed by | ||
subsection (d) of Supreme Court Rule 101, except that it | ||
shall require respondent to answer or appear within 7 days | ||
and shall be accompanied by the petition for the protective | ||
order, any supporting affidavits, if any, and the ex parte | ||
protective order that has been issued. | ||
(3) If an ex parte protective order is entered after | ||
the respondent has been served notice of a petition for a | ||
final protective order and the respondent has requested a | ||
continuance to respond to the petition, the ex parte | ||
protective order shall be served: (A) in open court if the | ||
respondent is present at the proceeding at which the order | ||
was entered; or (B) by summons in the form prescribed by | ||
subsection (d) of Supreme Court Rule 101. | ||
(4) No fee shall be charged for service of summons. | ||
(5) 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 a county with a population | ||
over 3,000,000, a special process server may not be | ||
appointed if an ex parte protective order grants the | ||
surrender of a child, the surrender of a firearm or Firearm |
Owner's Identification Card, or the exclusive possession | ||
of a shared residence. Process may be served in court. | ||
(g) Upon 7 days' notice to the petitioner, or a shorter | ||
notice period as the court may prescribe, a respondent subject | ||
to an ex parte protective order may appear and petition the | ||
court to re-hear the petition. Any petition to re-hear shall be | ||
verified and shall allege the following: | ||
(1) that respondent did not receive prior notice of the | ||
initial hearing in which the ex parte protective order was | ||
entered under Section 112A-17.5 of this Code; and | ||
(2) that respondent had a meritorious defense to the | ||
order or any of its remedies or that the order or any of | ||
its remedies was not authorized under this Article. | ||
The verified petition and affidavit shall set forth the | ||
evidence of the meritorious defense that will be presented at a | ||
hearing. If the court finds that the evidence presented at the | ||
hearing on the petition establishes a meritorious defense by a | ||
preponderance of the evidence, the court may decide to vacate | ||
the protective order or modify the remedies. | ||
(h) If the ex parte protective order granted petitioner | ||
exclusive possession of the residence and the petition of | ||
respondent seeks to re-open or vacate that grant, the court | ||
shall set a date for hearing within 14 days on all issues | ||
relating to exclusive possession. Under no circumstances shall | ||
a court continue a hearing concerning exclusive possession | ||
beyond the 14th day except by agreement of the petitioner and |
the respondent. Other issues raised by the pleadings may be | ||
consolidated for the hearing if the petitioner, the respondent, | ||
and the court do not object. | ||
(i) Duration of ex parte protective order. An ex parte | ||
order shall remain in effect until the court considers the | ||
request for a final protective order after notice has been | ||
served on the respondent or a default final protective order is | ||
entered, whichever occurs first. If a court date is scheduled | ||
for the issuance of a default protective order and the | ||
petitioner fails to personally appear or appear through counsel | ||
or the prosecuting attorney, the petition shall be dismissed | ||
and the ex parte order terminated.
| ||
(725 ILCS 5/112A-20) (from Ch. 38, par. 112A-20)
| ||
Sec. 112A-20. Duration and extension of final protective | ||
orders.
| ||
(a) (Blank).
| ||
(b) A final protective order shall remain in effect as | ||
follows:
| ||
(1) if entered during pre-trial release, until | ||
disposition, withdrawal,
or dismissal of the underlying | ||
charge; if, however, the case is continued as an
| ||
independent cause of action, the order's duration may be | ||
for a fixed period
of time not to exceed 2 years;
| ||
(2) if in effect in conjunction with a bond forfeiture | ||
warrant, until
final disposition or an additional period
of |
time not
exceeding 2 years; no domestic violence order of
| ||
protection, however, shall be terminated by a dismissal | ||
that is accompanied
by the issuance of a bond forfeiture | ||
warrant;
| ||
(3) until 2 years after the expiration of any | ||
supervision, conditional discharge,
probation, periodic | ||
imprisonment, parole, aftercare release, or mandatory | ||
supervised release for domestic violence orders of | ||
protection and civil no contact orders; or
| ||
(4) until 2 years after the date set by the court for | ||
expiration of any sentence of
imprisonment and subsequent | ||
parole, aftercare release, or mandatory supervised release
| ||
for domestic violence orders of protection and civil no | ||
contact orders; and
| ||
(5) permanent for a stalking no contact order if a | ||
judgment of conviction for stalking is entered. | ||
(c) Computation of time. The duration of a domestic | ||
violence an order of protection shall
not be reduced by the | ||
duration of any prior domestic violence order of protection.
| ||
(d) Law enforcement records. When a protective order | ||
expires
upon the occurrence of a specified event, rather than | ||
upon a specified date
as provided in subsection (b), no | ||
expiration date shall be entered in
Department of State Police | ||
records. To remove the protective order from
those records, | ||
either the petitioner or the respondent shall request the clerk | ||
of the court to file a
certified copy of an order stating that |
the specified event has occurred or
that the protective order | ||
has been vacated or modified with the sheriff, and the
sheriff | ||
shall direct that law enforcement records shall be promptly
| ||
corrected in accordance with the filed order.
| ||
(e) Extension of Orders. Any domestic violence order of
| ||
protection or civil no contact order that expires 2 years after | ||
the expiration of the defendant's sentence under paragraph (2), | ||
(3), or (4) of subsection (b) of Section 112A-20 of this | ||
Article may be extended one or more times, as required. The | ||
petitioner , petitioner's counsel, or the State's Attorney on | ||
the petitioner's behalf shall file the motion for an extension | ||
of the final protective order in the criminal case and serve | ||
the motion in accordance with Supreme Court Rules 11 and 12. | ||
The court shall transfer the motion to the appropriate court or | ||
division for consideration under subsection (e) of Section 220 | ||
of the Illinois Domestic Violence Act of 1986 , or subsection | ||
(c) of Section 216 of the Civil No Contact Order Act, or | ||
subsection (c) of Section 105 of the Stalking No Contact Order | ||
as appropriate.
| ||
(f) Termination date. Any final protective order of | ||
protection which would expire on a
court holiday shall instead | ||
expire at the close of the next court business day.
| ||
(g) Statement of purpose. The practice of dismissing or | ||
suspending a
criminal prosecution in exchange for issuing a | ||
protective an order of protection
undermines the purposes of | ||
this Article. This Section shall not be
construed as |
encouraging that practice.
| ||
(Source: P.A. 100-199, eff. 1-1-18 .)
| ||
(725 ILCS 5/112A-21) (from Ch. 38, par. 112A-21)
| ||
Sec. 112A-21. Contents of orders.
| ||
(a) Any domestic violence order of protection shall
| ||
describe, in reasonable detail and not by reference to any | ||
other
document, the following:
| ||
(1) Each remedy granted by the court, in reasonable | ||
detail and not by
reference to any other document, so that | ||
respondent may clearly understand
what he or she must do or | ||
refrain from doing. Pre-printed form orders
of
protection | ||
shall include the definitions of the types of abuse,
as | ||
provided
in Section 112A-3 of this Code .
Remedies set forth | ||
in pre-printed form for domestic violence orders shall be | ||
numbered
consistently with and corresponding to the | ||
numerical sequence of remedies
listed in Section 112A-14 of | ||
this Code (at least as of the date the form orders are
| ||
printed).
| ||
(2) The reason for denial of petitioner's request for | ||
any remedy listed
in Section 112A-14 of this Code .
| ||
(b) A domestic violence An order of protection shall | ||
further state the following:
| ||
(1) The name of each petitioner that the court finds is | ||
a victim of a charged offense, and that respondent is a | ||
member of the family or household of
each such petitioner, |
and the name of each other person protected by the
order | ||
and that such person is protected by this Code Act .
| ||
(2) For any remedy requested by petitioner on which the | ||
court has
declined to rule, that that remedy is reserved.
| ||
(3) The date and time the domestic violence order of | ||
protection was issued.
| ||
(4) (Blank).
| ||
(5) (Blank).
| ||
(6) (Blank).
| ||
(c) Any domestic violence order of protection shall include | ||
the following notice, printed in
conspicuous type: | ||
"Any knowing violation of a domestic violence an order | ||
of protection
forbidding physical abuse, harassment,
| ||
intimidation, interference with personal liberty, willful | ||
deprivation, or
entering or remaining present at
specified | ||
places when the protected person is present, or granting | ||
exclusive
possession of the residence or household, or | ||
granting a stay away order
is a Class A misdemeanor for a | ||
first offense, and a Class 4 felony for persons with a | ||
prior conviction for certain offenses under subsection (d) | ||
of Section 12-3.4 of the Criminal Code of 2012 . Grant
of | ||
exclusive possession of the residence or household shall | ||
constitute
notice forbidding trespass to land. Any
knowing | ||
violation of an order awarding legal custody or physical | ||
care of a
child or prohibiting removal or concealment
of a | ||
child may be a Class 4 felony. Any willful violation of any |
order is
contempt of court. Any violation may result in | ||
fine or imprisonment."
| ||
(d) (Blank).
| ||
(e) A domestic violence An order of protection shall state, | ||
"This Order of Protection is enforceable, even without | ||
registration, in all 50 states, the District of Columbia, | ||
tribal lands, and the U.S. territories pursuant to the Violence | ||
Against Women Act (18 U.S.C. 2265). Violating this Order of | ||
Protection may subject the respondent to federal charges and | ||
punishment (18 U.S.C. 2261-2262). The respondent may be subject | ||
to federal criminal penalties for possessing, transporting, | ||
shipping, or receiving any firearm or ammunition under the Gun | ||
Control Act (18 U.S.C. 922(g)(8) and (9))."
| ||
(Source: P.A. 100-199, eff. 1-1-18 .)
| ||
(725 ILCS 5/112A-22) (from Ch. 38, par. 112A-22)
| ||
Sec. 112A-22. Notice of orders.
| ||
(a) Entry and issuance. Upon issuance
of any protective | ||
order of protection , the clerk shall
immediately , or on the | ||
next court day if an ex parte order is issued under subsection | ||
(e) of Section 112A-17.5 of this Code,
(i) enter the order on | ||
the record and file it
in accordance with the circuit court
| ||
procedures and (ii) provide a file stamped copy of the order to
| ||
respondent and to petitioner, if present, and to the State's | ||
Attorney. If the victim is not present the State's Attorney | ||
shall (i) as soon as practicable notify the petitioner the |
order has been entered and (ii) provide a file stamped copy of | ||
the order to the petitioner within 3 days.
| ||
(b) Filing with sheriff. The clerk of the issuing judge | ||
shall, on the same day that a protective order is
issued, file | ||
a copy of that order with the sheriff or other law enforcement
| ||
officials charged with maintaining Department of State Police | ||
records or charged with serving the order upon respondent. If | ||
the order was issued under subsection (e) of Section 112A-17.5 | ||
of this Code, the clerk on the next court day shall file a | ||
certified copy of the order with the sheriff or other law | ||
enforcement officials charged with maintaining Department of | ||
State Police records .
| ||
(c) (Blank).
| ||
(c-2) Service by sheriff. Unless respondent 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 respondent and file proof of the service, | ||
in the manner provided for service of process in civil | ||
proceedings. Instead of serving the order upon the respondent; | ||
however, the sheriff, other law enforcement official, special | ||
process server, or other persons defined in Section 112A-22.1 | ||
of this Code may serve the respondent with a short form | ||
notification as provided in Section 112A-22.1 of this Code. If | ||
process has not yet been served upon the respondent, process | ||
shall be served with the order or short form notification if | ||
the service is made by the sheriff, other law enforcement |
official, or special process server. | ||
(c-3) If the person against whom the protective order is | ||
issued is arrested and the written order is issued under | ||
subsection (e) of Section 112A-17.5 of this Code and received | ||
by the custodial law enforcement agency before the respondent | ||
or arrestee is released from custody, the custodial law | ||
enforcement agency shall promptly serve the order upon the | ||
respondent or arrestee before the respondent or arrestee is | ||
released from custody. In no event shall detention of the | ||
respondent or arrestee be extended for a hearing on the | ||
petition for protective order or receipt of the order issued | ||
under Section 112A-17 of this Code. | ||
(c-4) Extensions, modifications, and revocations. Any | ||
order extending, modifying, or revoking any protective order | ||
shall be promptly recorded, issued, and served as provided in | ||
this Section. | ||
(c-5) (Blank).
| ||
(d) (Blank).
| ||
(e) Notice to health care facilities and health care | ||
practitioners. Upon the request of the petitioner, the clerk of | ||
the circuit court shall send a certified copy of the protective | ||
order to any specified health care facility or health care | ||
practitioner requested by the petitioner at the mailing address | ||
provided by the petitioner. | ||
(f) Disclosure by health care facilities and health care | ||
practitioners. After receiving a certified copy of a protective |
order that prohibits a respondent's access to records, no | ||
health care facility or health care practitioner shall allow a | ||
respondent access to the records of any child who is a | ||
protected person under the protective order, or release | ||
information in those records to the respondent, unless the | ||
order has expired or the respondent shows a certified copy of | ||
the court order vacating the corresponding protective order | ||
that was sent to the health care facility or practitioner. | ||
Nothing in this Section shall be construed to require health
| ||
care facilities or health care practitioners to alter | ||
procedures related to billing and payment. The health care | ||
facility or health care practitioner may file the copy of the | ||
protective order in the records of a child who is a protected | ||
person under the protective order, or may employ any other | ||
method to identify the records to which a respondent is | ||
prohibited access. No health care facility or health care | ||
practitioner shall be civilly or professionally liable for
| ||
reliance on a copy of a protective order, except for willful | ||
and wanton misconduct. | ||
(g) Notice to schools. Upon the request of the petitioner, | ||
within 24
hours of the issuance of a protective order, the | ||
clerk of the issuing judge shall
send a certified copy of
the | ||
protective order to the day-care facility,
pre-school or | ||
pre-kindergarten, or private school or the principal
office of | ||
the public school district or any college or university in | ||
which any child who
is a protected person under the protective |
order or any child
of
the
petitioner is enrolled as requested | ||
by the petitioner at the mailing address provided by the | ||
petitioner.
If the child transfers enrollment to another | ||
day-care facility, pre-school,
pre-kindergarten,
private | ||
school, public school, college, or university, the petitioner | ||
may,
within 24 hours
of the transfer, send to the clerk written | ||
notice of the transfer, including
the name and
address of the | ||
institution to which the child is transferring.
Within 24 hours | ||
of receipt of notice
from the petitioner that a child is | ||
transferring to another day-care facility,
pre-school, | ||
pre-kindergarten, private school, public school, college, or
| ||
university, the clerk shall send a certified copy of the order | ||
to the institution to which the child
is
transferring. | ||
(h) Disclosure by schools. After receiving a certified copy | ||
of a protective order that prohibits a respondent's access to | ||
records, neither a
day-care facility, pre-school, | ||
pre-kindergarten, public
or private school, college, or | ||
university nor its employees shall allow a
respondent access to | ||
a
protected child's records or release information in those | ||
records to the
respondent. The school shall file
the copy of | ||
the protective order in the records of a child who
is a | ||
protected person under the order. When a child who is a
| ||
protected person under the protective order transfers to | ||
another day-care
facility, pre-school, pre-kindergarten, | ||
public or private school, college, or
university, the | ||
institution from which the child is transferring may, at the
|
request of the petitioner, provide,
within 24 hours of the | ||
transfer, written notice of the protective order,
along with a | ||
certified copy of the order, to the institution to which the | ||
child
is
transferring. | ||
(Source: P.A. 100-199, eff. 1-1-18 .)
| ||
(725 ILCS 5/112A-22.1 new) | ||
Sec. 112A-22.1. Short form notification. | ||
(a) Instead of personal service of a protective order under | ||
Section 112A-22 of this Code, a sheriff, other law enforcement | ||
official, special process server, or personnel assigned by the | ||
Department of Corrections or Department of Juvenile Justice to | ||
investigate the alleged misconduct of committed persons or | ||
alleged violations of the person's conditions of parole, | ||
aftercare release, or mandatory supervised release, may serve a | ||
respondent with a short form notification. The short form | ||
notification shall include the following: | ||
(1) Respondent's name. | ||
(2) Respondent's date of birth, if known. | ||
(3) Petitioner's name. | ||
(4) Names of other protected parties. | ||
(5) Date and county in which the protective order was | ||
filed. | ||
(6) Court file number. | ||
(7) Hearing date and time, if known. | ||
(8) Conditions that apply to the respondent, either in |
checklist form or handwritten. | ||
(b) The short form notification shall contain the following | ||
notice in bold print: | ||
"The order is now enforceable. You must report to the | ||
office of the sheriff or the office of the circuit court in | ||
(name of county) County to obtain a copy of the order. You are | ||
subject to arrest and may be charged with a misdemeanor or | ||
felony if you violate any of the terms of the order." | ||
(c) Upon verification of the identity of the respondent and | ||
the existence of an unserved order against the respondent, a | ||
sheriff or other law enforcement official may detain the | ||
respondent for a reasonable time necessary to complete and | ||
serve the short form notification. | ||
(d) When service is made by short form notification under | ||
this Section, it may be proved by the affidavit of the person | ||
making the service. | ||
(e) The Attorney General shall make the short form | ||
notification form available to law enforcement agencies in this | ||
State. | ||
(725 ILCS 5/112A-22.3) | ||
Sec. 112A-22.3. Withdrawal or dismissal of charges or | ||
petition. | ||
(a) Voluntary dismissal or withdrawal of any delinquency | ||
petition or criminal prosecution or a finding of not guilty | ||
shall not require dismissal or vacation of the protective |
order; instead, at the request of the petitioner, petitioner's | ||
counsel, or the State's Attorney on behalf of the petitioner in | ||
the discretion of the State's Attorney, or on the court's | ||
motion , it may be treated as an independent action and, if | ||
necessary and appropriate, transferred to a different court or | ||
division. Dismissal of any delinquency petition or criminal | ||
prosecution shall not affect the validity of any previously | ||
issued protective order. | ||
(b) Withdrawal or dismissal of any petition for a | ||
protective order shall operate as a dismissal without | ||
prejudice.
| ||
(Source: P.A. 100-199, eff. 1-1-18 .)
| ||
(725 ILCS 5/112A-23) (from Ch. 38, par. 112A-23)
| ||
Sec. 112A-23. Enforcement of protective orders.
| ||
(a) When violation is crime. A violation of any protective | ||
order of protection ,
whether issued in a civil, quasi-criminal | ||
proceeding, shall be
enforced by a
criminal court when:
| ||
(1) The respondent commits the crime of violation of a | ||
domestic violence an order of
protection pursuant to | ||
Section 12-3.4 or 12-30 of the Criminal Code of
1961 or the | ||
Criminal Code of 2012, by
having knowingly violated:
| ||
(i) remedies described in paragraphs (1), (2), | ||
(3), (14),
or
(14.5)
of subsection (b) of Section | ||
112A-14 of this Code ,
| ||
(ii) a remedy, which is substantially similar to |
the remedies
authorized
under paragraphs (1), (2), | ||
(3), (14) , or (14.5) of subsection (b) of Section 214
| ||
of the Illinois Domestic Violence Act of 1986, in a | ||
valid order of protection,
which is authorized under | ||
the laws of another state, tribe or United States
| ||
territory,
| ||
(iii) or any other remedy when the act
constitutes | ||
a crime against the protected parties as defined by the | ||
Criminal
Code of 1961 or the Criminal Code of 2012.
| ||
Prosecution for a violation of a domestic violence an | ||
order of protection shall
not bar concurrent prosecution | ||
for any other crime, including any crime
that may have been | ||
committed at the time of the violation of the domestic | ||
violence order
of protection; or
| ||
(2) The respondent commits the crime of child abduction | ||
pursuant
to Section 10-5 of the Criminal Code of 1961 or | ||
the Criminal Code of 2012, by having knowingly violated:
| ||
(i) remedies described in paragraphs (5), (6) , or | ||
(8) of subsection
(b)
of
Section 112A-14 of this Code , | ||
or
| ||
(ii) a remedy, which is substantially similar to | ||
the remedies
authorized
under paragraphs (1),
(5), | ||
(6), or (8) of subsection (b) of Section 214
of the | ||
Illinois Domestic Violence Act of 1986, in a valid | ||
domestic violence order of protection,
which is | ||
authorized under the laws of another state, tribe or |
United States
territory.
| ||
(3) The respondent commits the crime of violation of a | ||
civil no contact order when the respondent violates Section | ||
12-3.8 of the Criminal Code of 2012.
Prosecution for a | ||
violation of a civil no contact order shall not bar | ||
concurrent prosecution for any other crime, including any | ||
crime that may have been committed at the time of the | ||
violation of the civil no contact order. | ||
(4) The respondent commits the crime of violation of a | ||
stalking no contact order when the respondent violates | ||
Section 12-3.9 of the Criminal Code of 2012.
Prosecution | ||
for a violation of a stalking no contact order shall not | ||
bar concurrent prosecution for any other crime, including | ||
any crime that may have been committed at the time of the | ||
violation of the stalking no contact order. | ||
(b) When violation is contempt of court. A violation of any | ||
valid protective order, whether issued in a civil or criminal
| ||
proceeding, may be enforced through civil or criminal contempt | ||
procedures,
as appropriate, by any court with jurisdiction, | ||
regardless where the act or
acts which violated the protective | ||
order were committed, to the extent
consistent with the venue | ||
provisions of this Article. Nothing in this
Article shall | ||
preclude any Illinois court from enforcing any valid protective | ||
order issued in another state. Illinois courts may enforce | ||
protective orders through both criminal prosecution and | ||
contempt proceedings,
unless the action which is second in time |
is barred by collateral estoppel
or the constitutional | ||
prohibition against double jeopardy.
| ||
(1) In a contempt proceeding where the petition for a | ||
rule to show
cause sets forth facts evidencing an immediate | ||
danger that the
respondent will flee the jurisdiction, | ||
conceal a child, or inflict physical
abuse on the | ||
petitioner or minor children or on dependent adults in
| ||
petitioner's care, the court may order the
attachment of | ||
the respondent without prior service of the rule to show
| ||
cause or the petition for a rule to show cause. Bond shall | ||
be set unless
specifically denied in writing.
| ||
(2) A petition for a rule to show cause for violation | ||
of a protective order shall be treated as an expedited | ||
proceeding.
| ||
(c) Violation of custody, allocation of parental | ||
responsibility, or support orders. A violation of remedies
| ||
described in paragraphs (5), (6), (8), or (9) of subsection (b) | ||
of Section
112A-14 of this Code may be enforced by any remedy | ||
provided by Section 607.5 of
the Illinois Marriage and | ||
Dissolution of Marriage Act. The court may
enforce any order | ||
for support issued under paragraph (12) of subsection (b)
of | ||
Section 112A-14 of this Code in the manner provided for under | ||
Parts
V and VII of the
Illinois Marriage and Dissolution of | ||
Marriage Act.
| ||
(d) Actual knowledge. A protective order may be
enforced | ||
pursuant to this Section if the respondent violates the order
|
after respondent has actual knowledge of its contents
as shown | ||
through one of the following means:
| ||
(1) (Blank).
| ||
(2) (Blank).
| ||
(3) By service of a protective an order of protection | ||
under subsection (f) of Section 112A-17.5 or Section | ||
112A-22 of this Code .
| ||
(4) By other means demonstrating actual knowledge of | ||
the contents of the order.
| ||
(e) The enforcement of a protective an order of protection | ||
in civil or criminal court
shall not be affected by either of | ||
the following:
| ||
(1) The existence of a separate, correlative order | ||
entered under Section
112A-15 of this Code .
| ||
(2) Any finding or order entered in a conjoined | ||
criminal proceeding.
| ||
(f) Circumstances. The court, when determining whether or | ||
not a
violation of a protective order has occurred, shall not | ||
require
physical manifestations of abuse on the person of the | ||
victim.
| ||
(g) Penalties.
| ||
(1) Except as provided in paragraph (3) of this
| ||
subsection (g) , where the court finds the commission of a | ||
crime or contempt of
court under subsections (a) or (b) of | ||
this Section, the penalty shall be
the penalty that | ||
generally applies in such criminal or contempt
|
proceedings, and may include one or more of the following: | ||
incarceration,
payment of restitution, a fine, payment of | ||
attorneys' fees and costs, or
community service.
| ||
(2) The court shall hear and take into account evidence | ||
of any factors
in aggravation or mitigation before deciding | ||
an appropriate penalty under
paragraph (1) of this | ||
subsection (g) .
| ||
(3) To the extent permitted by law, the court is | ||
encouraged to:
| ||
(i) increase the penalty for the knowing violation | ||
of
any protective order over any penalty previously | ||
imposed by any court
for respondent's violation of any | ||
protective order or penal statute
involving petitioner | ||
as victim and respondent as defendant;
| ||
(ii) impose a minimum penalty of 24 hours | ||
imprisonment for respondent's
first violation of any | ||
protective order; and
| ||
(iii) impose a minimum penalty of 48 hours | ||
imprisonment for
respondent's second or subsequent | ||
violation of a protective order | ||
unless the court explicitly finds that an increased penalty | ||
or that
period of imprisonment would be manifestly unjust.
| ||
(4) In addition to any other penalties imposed for a | ||
violation of a protective order, a criminal court may | ||
consider evidence of any
violations of a protective order:
| ||
(i) to increase, revoke , or modify the bail bond on |
an underlying
criminal charge pursuant to Section | ||
110-6 of this Code ;
| ||
(ii) to revoke or modify an order of probation, | ||
conditional discharge , or
supervision, pursuant to | ||
Section 5-6-4 of the Unified Code of Corrections;
| ||
(iii) to revoke or modify a sentence of periodic | ||
imprisonment, pursuant
to Section 5-7-2 of the Unified | ||
Code of Corrections.
| ||
(Source: P.A. 99-90, eff. 1-1-16; 100-199, eff. 1-1-18 .)
| ||
(725 ILCS 5/112A-24) (from Ch. 38, par. 112A-24)
| ||
Sec. 112A-24. Modification, re-opening, and extension of | ||
orders.
| ||
(a) Except as
otherwise provided in this Section, upon | ||
motion by petitioner , petitioner's counsel, or the State's | ||
Attorney on behalf of the petitioner, the court
may modify a | ||
protective order:
| ||
(1) If respondent has abused petitioner since the | ||
hearing for that
order, by adding or altering one or more | ||
remedies, as authorized by
Section 112A-14, 112A-14.5, or | ||
112A-14.7 of this Code Article ; and
| ||
(2) Otherwise, by adding any remedy authorized by | ||
Section 112A-14, 112A-14.5, or 112A-14.7 which
was:
| ||
(i) reserved in that protective order;
| ||
(ii) not requested for inclusion in that | ||
protective order; or
|
(iii) denied on procedural grounds, but not on the | ||
merits.
| ||
(a-5) A petitioner , petitioner's counsel, or the State's | ||
Attorney on the petitioner's behalf may file a motion to vacate | ||
or modify a final permanent stalking no contact order 2 years | ||
or more after the expiration of the defendant's sentence . The | ||
motion shall be served in accordance with Supreme Court Rules | ||
11 and 12. | ||
(b) Upon motion by the petitioner, petitioner's counsel, | ||
State's Attorney, or respondent, the court may modify any
prior | ||
domestic violence order of protection's remedy for custody,
| ||
visitation or payment of
support in accordance with the | ||
relevant provisions of the Illinois Marriage
and Dissolution of | ||
Marriage Act.
| ||
(c) After 30 days following the entry of a protective | ||
order, a court may modify that order only when changes in the
| ||
applicable law or facts since that final plenary order was | ||
entered warrant a
modification of its terms.
| ||
(d) (Blank).
| ||
(e) (Blank).
| ||
(f) (Blank).
| ||
(g) This Section does not limit the means, otherwise | ||
available by law, for vacating or modifying protective orders. | ||
(Source: P.A. 100-199, eff. 1-1-18 .)
| ||
(725 ILCS 5/112A-26) (from Ch. 38, par. 112A-26)
|
Sec. 112A-26. Arrest without warrant.
| ||
(a) Any law enforcement officer may
make an arrest without
| ||
warrant if the officer has probable cause to believe that the | ||
person has
committed or is committing any crime, including but | ||
not limited to
violation of a domestic violence an order of | ||
protection, under Section 12-3.4 or 12-30 of the Criminal
Code | ||
of 1961 or the Criminal Code of 2012, violation of a civil no | ||
contact order, under Section 11-1.75 of the Criminal Code of | ||
2012, or violation of a stalking no contact order, under | ||
Section 12-7.5A of the Criminal Code of 2012, even if the crime | ||
was not committed in the presence of the
officer.
| ||
(b) The law enforcement officer may verify the existence of | ||
a protective order by telephone or radio communication with his | ||
or her law enforcement
agency or by referring to the copy of | ||
the order provided by petitioner
or respondent.
| ||
(Source: P.A. 100-199, eff. 1-1-18 .)
| ||
(725 ILCS 5/112A-28) (from Ch. 38, par. 112A-28)
| ||
Sec. 112A-28. Data maintenance by law enforcement | ||
agencies.
| ||
(a) All sheriffs shall furnish to the Department of State | ||
Police, daily, in
the form and detail the Department requires, | ||
copies of any recorded protective orders issued by the court, | ||
and any foreign protective orders of protection filed by
the | ||
clerk of the court, and transmitted to the sheriff by the clerk | ||
of the
court. Each protective order shall be entered in the Law |
Enforcement Agencies
Data System on the same day it is issued | ||
by the court.
| ||
(b) The Department of State Police shall maintain a | ||
complete and systematic
record and index of all valid and | ||
recorded protective orders issued or
filed under this Act. The | ||
data shall be used to inform all dispatchers
and law | ||
enforcement officers at the scene of an alleged incident of | ||
abuse or
violation of a protective order of any recorded prior | ||
incident of abuse
involving the abused party and the effective | ||
dates and terms of any recorded
protective order.
| ||
(c) The data, records and transmittals required under this | ||
Section shall
pertain to: | ||
(1) any valid emergency, interim or plenary domestic | ||
violence order of protection, civil no contact or stalking | ||
no contact order
issued in a civil proceeding; and | ||
(2) any valid ex parte or final protective order issued | ||
in a criminal proceeding or authorized under the laws
of | ||
another state, tribe, or United States territory.
| ||
(Source: P.A. 100-199, eff. 1-1-18 .)
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
|