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Public Act 100-0597 |
SB0558 Enrolled | LRB100 04867 SLF 14877 b |
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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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 |
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Victims and Witnesses Act .
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(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.
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(Source: P.A. 100-199, eff. 1-1-18 .)
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(725 ILCS 5/112A-3) (from Ch. 38, par. 112A-3)
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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 |
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stalking no contact order.
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(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.
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(2) "Domestic violence" means abuse as described in |
paragraph (1) of this subsection (b) .
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(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.
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(4) "Harassment" means knowing conduct which
is not |
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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:
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(i) creating a disturbance at petitioner's place |
of employment or school;
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(ii) repeatedly telephoning petitioner's place of |
employment, home or
residence;
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(iii) repeatedly following petitioner about in a |
public place or places;
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(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;
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(v) improperly concealing a minor child from |
petitioner, repeatedly
threatening to improperly |
remove a minor child of petitioner's from the
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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
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(vi) threatening physical force, confinement or |
restraint on one or more
occasions.
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(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
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abstain or to refrain from conduct
in which she or he has a |
right to engage.
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(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
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restraint of another which constitutes physical abuse as |
defined in this
Article, regardless of whether the abused |
person is a family or household member.
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(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.
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(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.
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(9) "Physical abuse" includes sexual abuse and means |
any of the following:
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(i) knowing or reckless use of physical force, |
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confinement or restraint;
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(ii) knowing, repeated and unnecessary sleep |
deprivation; or
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(iii) knowing or reckless conduct which creates an |
immediate
risk of physical harm.
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(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.
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(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
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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
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treatment. This paragraph (10) does not create any new |
affirmative duty to provide
support to dependent persons.
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(c) For the purposes of cases involving sexual offenses, |
the following terms shall have the following meanings in this |
Article: |
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(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 |
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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 |
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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 |
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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 .)
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(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
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of a named victim who is a minor child or an adult who has |
been
abused by a family or household
member and who, |
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because of age, health, disability, or inaccessibility,
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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, |
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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. |
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(e) Any petition properly
filed under this Article may seek
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protection for any additional persons protected by this |
Article.
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(Source: P.A. 100-199, eff. 1-1-18 .)
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(725 ILCS 5/112A-5) (from Ch. 38, par. 112A-5)
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Sec. 112A-5. Pleading; non-disclosure of address.
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(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
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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 |
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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
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action between the petitioner and respondent.
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(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
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or reveal the confidential address of a shelter for domestic |
violence victims,
that address may be omitted from all |
documents filed with the court.
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(Source: P.A. 100-199, eff. 1-1-18 .)
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(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 |
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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.
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(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 |
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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 |
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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) |
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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.
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(725 ILCS 5/112A-8) (from Ch. 38, par. 112A-8)
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Sec. 112A-8. Subject matter jurisdiction. Each of the |
circuit courts
shall have the power to issue protective orders |
of protection .
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(Source: P.A. 84-1305.)
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(725 ILCS 5/112A-11.5) |
Sec. 112A-11.5. Issuance of protective order. |
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(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 |
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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.
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(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 .)
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(725 ILCS 5/112A-12) (from Ch. 38, par. 112A-12)
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Sec. 112A-12. Transfer of issues not decided in cases |
involving domestic violence.
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(a) (Blank).
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(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
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within the State state of the child or of separation of the |
child from the primary
caretaker.
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(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.
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(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.
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(Source: P.A. 100-199, eff. 1-1-18 .)
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(725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14)
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Sec. 112A-14. Domestic violence order Order of protection; |
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remedies.
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(a) (Blank).
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(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.
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(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.
|