(2) The court shall enter an order of protection
to prohibit and prevent any contact between a respondent minor
or a sibling of a respondent minor and any person named in a petition
seeking an order of protection who has been convicted of
heinous battery or aggravated battery under subdivision (a)(2) of Section 12-3.05,
aggravated battery of a child or aggravated battery under subdivision (b)(1) of Section 12-3.05, criminal sexual assault, aggravated criminal sexual assault,
predatory criminal sexual assault of a child,
criminal sexual abuse, or aggravated criminal
sexual abuse as described in the Criminal Code of 1961 or the Criminal Code of 2012, or has been
convicted of an offense that resulted in the death of a child, or has
violated a previous order of protection under this Section.
(3) When the court issues an order of protection against any person as
provided by this Section, the court shall direct a copy of such order to
the Sheriff of that county. The Sheriff shall furnish a copy of the
order of protection to the Illinois State Police within 24
hours of
receipt, in the form and manner required by the Department. The Illinois State Police shall maintain a complete record and index of such orders
of protection and make this data available to all local law enforcement
agencies.
(4) After notice and opportunity for hearing afforded to a person
subject to an order of protection, the order may be modified or extended
for a further specified period or both or may be terminated if the court
finds that the best interests of the minor and the public will be served
thereby.
(5) An order of protection may be sought at any time during the course
of any proceeding conducted pursuant to this Act. Any person against whom
an order of protection is sought may retain counsel to represent the person at a
hearing, and has rights to be present at the hearing, to be informed prior
to the hearing in writing of the contents of the petition seeking a
protective order and of the date, place and time of such hearing, and to
cross examine witnesses called by the petitioner and to present witnesses
and argument in opposition to the relief sought in the petition.
(6) Diligent efforts shall be made by the petitioner to serve any person
or persons against whom any order of protection is sought with written
notice of the contents of the petition seeking a protective order and
of the date, place and time at
which the hearing on the petition is to be held. When a protective order
is being sought in conjunction with a shelter care hearing, if
the court finds that the person against whom the protective order is being
sought has been notified of the hearing or that diligent efforts have been
made to notify such person, the court may conduct a hearing. If a
protective order is sought at any time other than in conjunction with a
shelter care hearing, the court may not conduct a hearing on
the petition in the absence of the person against whom the order is sought
unless the petitioner has notified such person by personal service at least
3 days before the hearing or has sent written notice by first class
mail to such person's last known address at least 5 days before the hearing.
(7) A person against whom an order of protection is being sought who is
neither a parent, guardian, legal custodian or responsible relative as
described in Section 1-5 is not a party or respondent as defined in that
Section and shall not be entitled to the rights provided therein.
Such person does not have a right to appointed counsel or to be
present at any hearing other than the hearing in which the order of
protection is being sought or a hearing directly pertaining to that order.
Unless the court orders otherwise, such person does not have a right to
inspect the court file.
(8) All protective orders entered under this Section shall be in
writing. Unless the person against whom the order was obtained 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 that person and file proof of such service,
in the manner provided for service of process in civil proceedings. The
person against whom the protective order was obtained may seek a
modification of the order by filing a written motion to modify the order
within 7 days after actual receipt by the person of a copy of the order.
(Source: P.A. 102-538, eff. 8-20-21; 103-22, eff. 8-8-23.)
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