(750 ILCS 60/210.1) (from Ch. 40, par. 2312-10.1)
Sec. 210.1.
Service of notice in conjunction with a pending civil case.
(a) Notice. When an action for an order of protection is sought in
conjunction with a pending civil case in which the court has obtained
jurisdiction over respondent, and respondent has filed a general
appearance, then a separate summons need not issue. Original notice of a
hearing on a petition for an order of protection may be given, and the
documents served, in accordance with Illinois Supreme Court Rules 11 and
12. When, however, an emergency order of protection is sought in such a
case on an ex parte application, then the procedure set forth in subsection
(a) of Section 210 (other than in subsection (a)(2)) shall be followed. If
an order of protection is issued using the notice provisions of this
Section, then the order of protection or extensions of that order may
survive the disposition of the main civil case. The enforcement of any
order of protection under Section 223 shall not be affected by the lack of
notice under
this Section, provided the requirements of subsection (d) of that Section
are otherwise met.
(b) Default. The form of notice described in subsection (a) shall
include the following language directed to the respondent:
A 2-year plenary order of protection may be entered by default for any of the remedies |
(c) Party to give notice. Notice in the pending civil case shall be
given (i) by either party
under this Section, with respect to extensions, modifications, hearings, or
other relief pertinent to an order of protection, in accordance with
Illinois Supreme Court Rules 11 and 12 or (ii) by the respondent as
provided in subsection (c) of Section 224.
(Source: P.A. 87-1186.)
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