Full Text of HB2309 101st General Assembly
HB2309enr 101ST GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Stalking No Contact Order Act is amended by | 5 | | changing Sections 20 and 95 as follows: | 6 | | (740 ILCS 21/20) | 7 | | Sec. 20. Commencement of action; filing fees. | 8 | | (a) An action for a stalking no contact order is commenced: | 9 | | (1) independently, by filing a petition for a stalking | 10 | | no contact order in any civil court, unless specific courts | 11 | | are designated by local rule or order; or | 12 | | (2) in conjunction with a delinquency petition or a | 13 | | criminal prosecution as provided in Article 112A of the | 14 | | Code of Criminal Procedure of 1963. | 15 | | (a-5) When a petition for an emergency stalking no contact | 16 | | order is filed, the petition shall not be publicly available | 17 | | until the petition is served on the respondent. | 18 | | (b) Withdrawal or dismissal of any petition for a stalking | 19 | | no contact order prior to adjudication where the petitioner is | 20 | | represented by the State shall operate as a dismissal without | 21 | | prejudice. No action for a stalking no contact order shall be | 22 | | dismissed because the respondent is being prosecuted for a | 23 | | crime against the petitioner. For any action commenced under |
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| 1 | | item (2) of subsection (a) of this Section, dismissal of the | 2 | | conjoined case (or a finding of not guilty) shall not require | 3 | | dismissal of the action for a stalking no contact order; | 4 | | instead, it may be treated as an independent action and, if | 5 | | necessary and appropriate, transferred to a different court or | 6 | | division. | 7 | | (c) No fee shall be charged by the clerk of the court for | 8 | | filing petitions or modifying or certifying orders. No fee | 9 | | shall be charged by the sheriff for service by the sheriff of a | 10 | | petition, rule, motion, or order in an action commenced under | 11 | | this Section. | 12 | | (d) The court shall provide, through the office of the | 13 | | clerk of the court, simplified forms for filing of a petition | 14 | | under this Section by any person not represented by counsel.
| 15 | | (Source: P.A. 100-199, eff. 1-1-18 .) | 16 | | (740 ILCS 21/95)
| 17 | | Sec. 95. Emergency stalking no contact order. | 18 | | (a) An emergency stalking no contact order shall issue if | 19 | | the petitioner satisfies the requirements of this subsection | 20 | | (a). The petitioner shall establish that: | 21 | | (1) the court has jurisdiction under Section 50; | 22 | | (2) the requirements of Section 80 are satisfied; and | 23 | | (3) there is good cause to grant the remedy, regardless | 24 | | of prior service of process or of notice upon the | 25 | | respondent, because the harm which that remedy is intended |
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| 1 | | to prevent would be likely to occur if the respondent were | 2 | | given any prior notice, or greater notice than was actually | 3 | | given, of the petitioner's efforts to obtain judicial | 4 | | relief. | 5 | | An emergency stalking no contact order shall be issued by | 6 | | the court if it appears from the contents of the petition and | 7 | | the examination of the petitioner that the averments are | 8 | | sufficient to indicate stalking by the respondent and to | 9 | | support the granting of relief under the issuance of the | 10 | | stalking no contact order. | 11 | | An emergency stalking no contact order shall be issued if | 12 | | the court finds that items (1), (2), and (3) of this subsection | 13 | | (a) are met. | 14 | | (a-5) When a petition for an emergency stalking no contact | 15 | | order is granted, the order shall not be publicly available | 16 | | until the order is served on the respondent. | 17 | | (b) If the respondent appears in court for this hearing for | 18 | | an emergency order, he or she may elect to file a general | 19 | | appearance and testify. Any resulting order may be an emergency | 20 | | order, governed by this Section. Notwithstanding the | 21 | | requirements of this Section, if all requirements of Section | 22 | | 100 have been met, the court may issue a plenary order. | 23 | | (c) Emergency orders; court holidays and evenings. | 24 | | (1) When the court is unavailable at the close of | 25 | | business, the petitioner may file a petition for a 21-day | 26 | | emergency order before any available circuit judge or |
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| 1 | | associate judge who may grant relief under this Act. If the | 2 | | judge finds that there is an immediate and present danger | 3 | | of abuse against the petitioner and that the petitioner has | 4 | | satisfied the prerequisites set forth in subsection (a), | 5 | | that judge may issue an emergency stalking no contact | 6 | | order. | 7 | | (2) The chief judge of the circuit court may designate | 8 | | for each county in the circuit at least one judge to be | 9 | | reasonably available to issue orally, by telephone, by | 10 | | facsimile, or otherwise, an emergency stalking no contact | 11 | | order at all times, whether or not the court is in session. | 12 | | (3) Any order issued under this Section and any | 13 | | documentation in support of the order shall be certified on | 14 | | the next court day to the appropriate court. The clerk of | 15 | | that court shall immediately assign a case number, file the | 16 | | petition, order, and other documents with the court, and | 17 | | enter the order of record and file it with the sheriff for | 18 | | service, in accordance with Section 60. Filing the petition | 19 | | shall commence proceedings for further relief under | 20 | | Section 20. Failure to comply with the requirements of this | 21 | | paragraph (3) does not affect the validity of the order.
| 22 | | (Source: P.A. 96-246, eff. 1-1-10.) | 23 | | Section 10. The Civil No Contact Order Act is amended by | 24 | | changing Sections 202 and 213 as follows:
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| 1 | | (740 ILCS 22/202)
| 2 | | Sec. 202. Commencement of action; filing fees.
| 3 | | (a) An action for a civil no contact order is commenced:
| 4 | | (1) independently, by filing a petition for a civil no | 5 | | contact order in any civil court,
unless specific courts | 6 | | are designated by local rule or order; or
| 7 | | (2) in conjunction with a
delinquency
petition or a | 8 | | criminal prosecution as provided in Article 112A of the | 9 | | Code of Criminal Procedure of 1963.
| 10 | | (a-5) When a petition for a civil no contact order is | 11 | | filed, the petition shall not be publicly available until the | 12 | | petition is served on the respondent. | 13 | | (b) Withdrawal or dismissal of any petition for a
civil no | 14 | | contact order
prior to adjudication where the petitioner is | 15 | | represented by the State shall
operate as a dismissal without | 16 | | prejudice. No action for a civil no contact
order shall be | 17 | | dismissed because the respondent is being prosecuted for a | 18 | | crime
against the petitioner. For any action commenced under | 19 | | item (2) of subsection
(a) of
this Section, dismissal of the | 20 | | conjoined case (or a finding of not guilty)
shall not require | 21 | | dismissal of the action for a civil no contact order;
instead, | 22 | | it may be treated as an independent action and, if necessary | 23 | | and
appropriate, transferred to a different court or division.
| 24 | | (c) No fee shall be
charged by the clerk of the court for | 25 | | filing petitions or modifying or
certifying orders. No
fee
| 26 | | shall be charged by the sheriff for service by the sheriff of a
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| 1 | | petition, rule, motion, or order in an action commenced under | 2 | | this
Section.
| 3 | | (d) The court shall provide, through the office
of the | 4 | | clerk of the court, simplified forms for filing of a petition | 5 | | under this Section by any
person not represented by counsel.
| 6 | | (Source: P.A. 100-199, eff. 1-1-18 .)
| 7 | | (740 ILCS 22/213)
| 8 | | Sec. 213. Civil no contact order; remedies.
| 9 | | (a) If the court finds that the petitioner has been a | 10 | | victim of
non-consensual sexual conduct or non-consensual | 11 | | sexual penetration, a civil no
contact order shall issue; | 12 | | provided that the petitioner must also satisfy the
requirements | 13 | | of Section
214 on emergency orders or Section 215 on plenary | 14 | | orders. The petitioner
shall not be denied a civil no contact | 15 | | order because the petitioner or the
respondent is a minor. The | 16 | | court, when
determining whether or not to issue a civil no | 17 | | contact order, may not
require physical injury on the person of | 18 | | the victim.
Modification and extension of prior civil no | 19 | | contact orders shall be in
accordance with this Act.
| 20 | | (a-5) When a petition for a civil no contact order is | 21 | | granted, the order shall not be publicly available until the | 22 | | order is served on the respondent. | 23 | | (b) (Blank).
| 24 | | (b-5) The court may provide relief as follows: | 25 | | (1) prohibit the respondent from knowingly coming |
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| 1 | | within, or knowingly remaining within, a specified | 2 | | distance from the petitioner; | 3 | | (2) restrain the respondent from having any contact, | 4 | | including nonphysical contact, with the petitioner | 5 | | directly, indirectly, or through third parties, regardless | 6 | | of whether those third parties know of the order; | 7 | | (3) prohibit the respondent from knowingly coming | 8 | | within, or knowingly remaining within, a specified | 9 | | distance from the petitioner's residence, school, day care | 10 | | or other specified location; | 11 | | (4) order the respondent to stay away from any property | 12 | | or animal owned, possessed, leased, kept, or held by the | 13 | | petitioner and forbid the respondent from taking, | 14 | | transferring, encumbering, concealing, harming, or | 15 | | otherwise disposing of the property or animal; and | 16 | | (5) order any other injunctive relief as necessary or | 17 | | appropriate for the protection of the petitioner. | 18 | | (b-6) When the petitioner and the respondent attend the | 19 | | same public or private elementary, middle, or high school, the | 20 | | court when issuing a civil no contact order and providing | 21 | | relief shall consider the severity of the act, any continuing | 22 | | physical danger or emotional distress to the petitioner, the | 23 | | educational rights guaranteed to the petitioner and respondent | 24 | | under federal and State law, the availability of a transfer of | 25 | | the respondent to another school, a change of placement or a | 26 | | change of program of the respondent, the expense, difficulty, |
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| 1 | | and educational disruption that would be caused by a transfer | 2 | | of the respondent to another school, and any other relevant | 3 | | facts of the case. The court may order that the respondent not | 4 | | attend the public, private, or non-public elementary, middle, | 5 | | or high school attended by the petitioner, order that the | 6 | | respondent accept a change of placement or program, as | 7 | | determined by the school district or private or non-public | 8 | | school, or place restrictions on the respondent's movements | 9 | | within the school attended by the petitioner.
The respondent | 10 | | bears the burden of proving by a preponderance of the evidence | 11 | | that a transfer, change of placement, or change of program of | 12 | | the respondent is not available. The respondent also bears the | 13 | | burden of production with respect to the expense, difficulty, | 14 | | and educational disruption that would be caused by a transfer | 15 | | of the respondent to another school. A transfer, change of | 16 | | placement, or change of program is not unavailable to the | 17 | | respondent solely on the ground that the respondent does not | 18 | | agree with the school district's or private or non-public | 19 | | school's transfer, change of placement, or change of program or | 20 | | solely on the ground that the respondent fails or refuses to | 21 | | consent to or otherwise does not take an action required to | 22 | | effectuate a transfer, change of placement, or change of | 23 | | program.
When a court orders a respondent to stay away from the | 24 | | public, private, or non-public school attended by the | 25 | | petitioner and the respondent requests a transfer to another | 26 | | attendance center within the respondent's school district or |
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| 1 | | private or non-public school, the school district or private or | 2 | | non-public school shall have sole discretion to determine the | 3 | | attendance center to which the respondent is transferred.
In | 4 | | the event the court order results in a transfer of the minor | 5 | | respondent to another attendance center, a change in the | 6 | | respondent's placement, or a change of the respondent's | 7 | | program, the parents, guardian, or legal custodian of the | 8 | | respondent is responsible for transportation and other costs | 9 | | associated with the transfer or change. | 10 | | (b-7) The court may order the parents, guardian, or legal | 11 | | custodian of a minor respondent to take certain actions or to | 12 | | refrain from taking certain actions to ensure that the | 13 | | respondent complies with the order. In the event the court | 14 | | orders a transfer of the respondent to another school, the | 15 | | parents or legal guardians of the respondent are responsible | 16 | | for transportation and other costs associated with the change | 17 | | of school by the respondent. | 18 | | (c) Denial of a remedy may not be based, in whole or in | 19 | | part, on
evidence that:
| 20 | | (1) the respondent has cause for any use of force, | 21 | | unless that
cause satisfies the standards for justifiable | 22 | | use of force provided
by Article 7 of the Criminal Code of | 23 | | 2012;
| 24 | | (2) the respondent was voluntarily intoxicated;
| 25 | | (3) the petitioner acted in self-defense or defense of | 26 | | another,
provided that, if the petitioner utilized force, |
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| 1 | | such force was
justifiable under Article 7 of the Criminal | 2 | | Code of 2012;
| 3 | | (4) the petitioner did not act in self-defense or | 4 | | defense of
another;
| 5 | | (5) the petitioner left the residence or household to | 6 | | avoid
further non-consensual sexual conduct or | 7 | | non-consensual sexual penetration
by the respondent; or
| 8 | | (6) the petitioner did not leave the residence or | 9 | | household to
avoid further non-consensual sexual conduct | 10 | | or non-consensual sexual
penetration by the respondent.
| 11 | | (d) Monetary damages are not recoverable as a remedy.
| 12 | | (Source: P.A. 96-311, eff. 1-1-10; 97-294, eff. 1-1-12; | 13 | | 97-1150, eff. 1-25-13.)
| 14 | | Section 15. The Illinois Domestic Violence Act of 1986 is | 15 | | amended by changing Sections 202 and 217 as follows:
| 16 | | (750 ILCS 60/202) (from Ch. 40, par. 2312-2)
| 17 | | Sec. 202. Commencement of action; filing fees; dismissal.
| 18 | | (a) How to commence action. Actions for orders of | 19 | | protection are commenced:
| 20 | | (1) Independently: By filing a petition for an order of | 21 | | protection in
any civil court, unless specific courts are | 22 | | designated by local rule or order.
| 23 | | (2) In conjunction with another civil proceeding: By
| 24 | | filing a petition for an order of protection under the same |
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| 1 | | case number
as another civil proceeding involving the | 2 | | parties, including but not
limited to: (i) any proceeding | 3 | | under the Illinois Marriage and Dissolution of
Marriage | 4 | | Act, Illinois Parentage Act of 2015, Nonsupport of Spouse | 5 | | and
Children Act, Revised Uniform Reciprocal Enforcement | 6 | | of Support Act or an
action for nonsupport brought under | 7 | | Article X of the
Illinois Public Aid
Code, provided that a | 8 | | petitioner and
the respondent are a party to or the subject | 9 | | of that proceeding or (ii) a
guardianship proceeding under | 10 | | the Probate Act of
1975, or a proceeding for involuntary
| 11 | | commitment under the Mental Health and Developmental | 12 | | Disabilities Code, or
any proceeding, other than a | 13 | | delinquency petition, under the Juvenile Court
Act of 1987, | 14 | | provided that a petitioner or the
respondent is a party to | 15 | | or the subject of such proceeding.
| 16 | | (3) In conjunction with a delinquency petition or a
| 17 | | criminal prosecution as provided in Section 112A-20 of the | 18 | | Code of Criminal Procedure of 1963.
| 19 | | (a-5) When a petition for an emergency order of protection | 20 | | is filed, the petition shall not be publicly available until | 21 | | the petition is served on the respondent. | 22 | | (b) Filing, certification, and service fees. No fee shall | 23 | | be charged
by the clerk for filing, amending, vacating, | 24 | | certifying, or photocopying
petitions or orders; or for issuing | 25 | | alias summons; or for any
related filing service. No
fee shall | 26 | | be charged by the sheriff for service by the sheriff of a
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| 1 | | petition,
rule, motion, or order in an action commenced under | 2 | | this Section.
| 3 | | (c) Dismissal and consolidation. Withdrawal or dismissal | 4 | | of any
petition for an order of protection prior to | 5 | | adjudication where the
petitioner is represented by the State | 6 | | shall operate as a dismissal without
prejudice. No action for | 7 | | an order of protection shall be dismissed because
the | 8 | | respondent is being prosecuted for a crime against the | 9 | | petitioner. An
independent action may be consolidated with | 10 | | another civil proceeding, as
provided by paragraph (2) of | 11 | | subsection (a) of this Section. For any
action commenced under | 12 | | paragraph (2) or (3) of subsection (a) of this Section,
| 13 | | dismissal of the conjoined case (or a finding of not guilty) | 14 | | shall not
require dismissal of the action
for the order of | 15 | | protection; instead, it may be treated as an
independent action | 16 | | and, if necessary and appropriate, transferred to a
different | 17 | | court or division. Dismissal of any conjoined case shall not | 18 | | affect
the
validity of any previously issued order of | 19 | | protection, and thereafter
subsections (b)(1) and (b)(2) of | 20 | | Section 220 shall be inapplicable to
such order.
| 21 | | (d) Pro se petitions. The court shall provide, through the | 22 | | office of
the clerk of the court, simplified forms and clerical | 23 | | assistance to help
with the writing and filing of a petition | 24 | | under this Section by any person
not represented by counsel. In | 25 | | addition, that assistance may be provided
by the state's | 26 | | attorney.
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| 1 | | (e)
As provided in this subsection, the administrative | 2 | | director of the Administrative Office of the Illinois Courts, | 3 | | with the approval of the administrative board of the courts, | 4 | | may adopt rules to establish and implement a pilot program to | 5 | | allow the electronic filing of petitions for temporary orders | 6 | | of protection and the issuance of such orders by audio-visual | 7 | | means to accommodate litigants for whom attendance in court to | 8 | | file for and obtain emergency relief would constitute an undue | 9 | | hardship or would constitute a risk of harm to the litigant. | 10 | | (1) As used in this subsection: | 11 | | (A) "Electronic means" means any method of | 12 | | transmission of information between computers or other | 13 | | machines designed for the purpose of sending or | 14 | | receiving electronic transmission and that allows for | 15 | | the recipient of information to reproduce the | 16 | | information received in a tangible medium of | 17 | | expression. | 18 | | (B) "Independent audio-visual system" means an | 19 | | electronic system for the transmission and receiving | 20 | | of audio and visual signals, including those with the | 21 | | means to preclude the unauthorized reception and | 22 | | decoding of the signals by commercially available | 23 | | television receivers, channel converters, or other | 24 | | available receiving devices. | 25 | | (C) "Electronic appearance" means an appearance in | 26 | | which one or more of the parties are not present in the |
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| 1 | | court, but in which, by means of an independent | 2 | | audio-visual system, all of the participants are | 3 | | simultaneously able to see and hear reproductions of | 4 | | the voices and images of the judge, counsel, parties, | 5 | | witnesses, and any other participants. | 6 | | (2) Any pilot program under this subsection (e) shall | 7 | | be developed by the administrative director or his or her | 8 | | delegate in consultation with at least one local | 9 | | organization providing assistance to domestic violence | 10 | | victims. The program plan shall include but not be limited | 11 | | to: | 12 | | (A) identification of agencies equipped with or | 13 | | that have access to an independent audio-visual system | 14 | | and electronic means for filing documents; and | 15 | | (B) identification of one or more organizations | 16 | | who are trained and available to assist petitioners in | 17 | | preparing and filing petitions for temporary orders of | 18 | | protection and in their electronic appearances before | 19 | | the court to obtain such orders; and | 20 | | (C) identification of the existing resources | 21 | | available in local family courts for the | 22 | | implementation and oversight of the pilot program; and | 23 | | (D) procedures for filing petitions and documents | 24 | | by electronic means, swearing in the petitioners and | 25 | | witnesses, preparation of a transcript of testimony | 26 | | and evidence presented, and a prompt transmission of |
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| 1 | | any orders issued to the parties; and | 2 | | (E) a timeline for implementation and a plan for | 3 | | informing the public about the availability of the | 4 | | program; and | 5 | | (F) a description of the data to be collected in | 6 | | order to evaluate and make recommendations for | 7 | | improvements to the pilot program. | 8 | | (3) In conjunction with an electronic appearance, any | 9 | | petitioner for an ex parte temporary order of protection | 10 | | may, using the assistance of a trained advocate if | 11 | | necessary, commence the proceedings by filing a petition by | 12 | | electronic means. | 13 | | (A) A petitioner who is seeking an ex parte | 14 | | temporary order of protection using an electronic | 15 | | appearance must file a petition in advance of the | 16 | | appearance and may do so electronically. | 17 | | (B) The petitioner must show that traveling to or | 18 | | appearing in court would constitute an undue hardship | 19 | | or create a risk of harm to the petitioner. In granting | 20 | | or denying any relief sought by the petitioner, the | 21 | | court shall state the names of all participants and | 22 | | whether it is granting or denying an appearance by | 23 | | electronic means and the basis for such a | 24 | | determination. A party is not required to file a | 25 | | petition or other document by electronic means or to | 26 | | testify by means of an electronic appearance. |
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| 1 | | (C) Nothing in this subsection (e) affects or | 2 | | changes any existing laws governing the service of | 3 | | process, including requirements for personal service | 4 | | or the sealing and confidentiality of court records in | 5 | | court proceedings or access to court records by the | 6 | | parties to the proceedings. | 7 | | (4) Appearances. | 8 | | (A) All electronic appearances by a petitioner | 9 | | seeking an ex parte temporary order of protection under | 10 | | this subsection (e) are strictly voluntary and the | 11 | | court shall obtain the consent of the petitioner on the | 12 | | record at the commencement of each appearance. | 13 | | (B) Electronic appearances under this subsection | 14 | | (e) shall be recorded and preserved for transcription. | 15 | | Documentary evidence, if any, referred to by a party or | 16 | | witness or the court may be transmitted and submitted | 17 | | and introduced by electronic means. | 18 | | (Source: P.A. 99-718, eff. 1-1-17; 100-199, eff. 1-1-18; | 19 | | 100-201, eff. 8-18-17 .)
| 20 | | (750 ILCS 60/217) (from Ch. 40, par. 2312-17)
| 21 | | Sec. 217. Emergency order of protection.
| 22 | | (a) Prerequisites. An emergency order of protection shall | 23 | | issue if
petitioner satisfies the requirements of this | 24 | | subsection for one or more of the
requested remedies. For each | 25 | | remedy requested, petitioner shall establish
that:
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| 1 | | (1) The court has jurisdiction under Section 208;
| 2 | | (2) The requirements of Section 214 are satisfied; and
| 3 | | (3) There is good cause to grant the remedy, regardless | 4 | | of prior service
of process or of notice upon the | 5 | | respondent, because:
| 6 | | (i) For
the remedies of "prohibition of abuse" | 7 | | described in
Section 214(b)(1), "stay away order and | 8 | | additional prohibitions" described in
Section
| 9 | | 214(b)(3), "removal or concealment of minor child" | 10 | | described in Section
214(b)(8), "order to appear" | 11 | | described in Section 214(b)(9), "physical
care and | 12 | | possession of the minor child" described in Section | 13 | | 214(b)(5),
"protection of property" described in | 14 | | Section 214(b)(11), "prohibition
of entry" described | 15 | | in Section 214(b)(14), "prohibition of firearm | 16 | | possession" described in Section 214(b)(14.5), | 17 | | "prohibition of access to
records" described in | 18 | | Section 214(b)(15), and "injunctive relief"
described | 19 | | in Section 214(b)(16), the harm which that remedy
is | 20 | | intended to prevent would be likely to occur if the | 21 | | respondent were given
any prior notice, or greater | 22 | | notice than was actually given, of the
petitioner's | 23 | | efforts to obtain judicial relief;
| 24 | | (ii) For the remedy of "grant of exclusive | 25 | | possession of
residence" described in Section | 26 | | 214(b)(2), the immediate danger of further
abuse of |
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| 1 | | petitioner by respondent,
if petitioner chooses or had | 2 | | chosen to remain in the residence or household
while | 3 | | respondent was given any prior notice or greater notice | 4 | | than was
actually given of petitioner's efforts to | 5 | | obtain judicial relief,
outweighs the hardships to | 6 | | respondent of an emergency order
granting petitioner | 7 | | exclusive possession of the residence or household.
| 8 | | This remedy shall not be denied because petitioner has | 9 | | or could obtain
temporary shelter elsewhere while | 10 | | prior notice is given to respondent, unless
the
| 11 | | hardships to respondent from exclusion from the home | 12 | | substantially outweigh
those to petitioner;
| 13 | | (iii) For the remedy of "possession of personal | 14 | | property"
described in
Section 214(b)(10), improper | 15 | | disposition of the personal
property would be likely
to | 16 | | occur if respondent were given any prior notice, or | 17 | | greater notice than
was actually given, of | 18 | | petitioner's efforts to obtain judicial relief, or
| 19 | | petitioner has an immediate and pressing need for | 20 | | possession of that property.
| 21 | | An emergency order may not include the counseling, legal | 22 | | custody, payment
of support or monetary compensation remedies.
| 23 | | (a-5) When a petition for an emergency order of protection | 24 | | is granted, the order shall not be publicly available until the | 25 | | order is served on the respondent. | 26 | | (b) Appearance by respondent.
If respondent appears in |
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| 1 | | court for this hearing for an emergency order,
he or she may | 2 | | elect to file a general appearance and testify.
Any resulting | 3 | | order may be an emergency order, governed
by this Section.
| 4 | | Notwithstanding the requirements of this Section, if all | 5 | | requirements of
Section 218 have been met, the court may issue | 6 | | a 30-day interim order.
| 7 | | (c) Emergency orders: court holidays and evenings.
| 8 | | (1) Prerequisites. When the court is unavailable at the | 9 | | close of
business, the petitioner may file a petition for a | 10 | | 21-day emergency order
before any available circuit judge | 11 | | or associate judge who may grant relief
under this Act. If | 12 | | the judge finds that there is an immediate and present
| 13 | | danger of abuse to petitioner and that petitioner has | 14 | | satisfied the
prerequisites set forth in subsection (a) of | 15 | | Section 217, that judge may
issue an emergency order of | 16 | | protection.
| 17 | | (1.5) Issuance of order. The chief judge of the circuit | 18 | | court
may designate for each county in the circuit at least | 19 | | one judge to be
reasonably available to
issue orally, by | 20 | | telephone, by facsimile, or otherwise, an emergency
order | 21 | | of protection at all times, whether or not the court is in | 22 | | session.
| 23 | | (2) Certification and transfer. The judge who issued | 24 | | the order under this Section shall promptly communicate or | 25 | | convey the order to the sheriff to facilitate the entry of | 26 | | the order into the Law Enforcement Agencies Data System by |
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| 1 | | the Department of State Police pursuant to Section 302. Any | 2 | | order issued under this Section and
any documentation in | 3 | | support thereof shall be certified on the next court
day to | 4 | | the appropriate court. The clerk of that court shall | 5 | | immediately
assign a case number, file the petition, order | 6 | | and other documents with the
court, and enter the order of | 7 | | record and file it with the sheriff for
service, in | 8 | | accordance with Section 222. Filing the petition
shall | 9 | | commence proceedings for further relief under Section 202.
| 10 | | Failure to comply with the requirements of this subsection | 11 | | shall not
affect the validity of the order.
| 12 | | (Source: P.A. 96-701, eff. 1-1-10; 96-1241, eff. 1-1-11.)
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