Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process.
Recent laws may not yet be included in the ILCS database, but they are found on this site as
Public
Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the
Guide.
Because the statute database is maintained primarily for legislative drafting purposes,
statutory changes are sometimes included in the statute database before they take effect.
If the source note at the end of a Section of the statutes includes a Public Act that has
not yet taken effect, the version of the law that is currently in effect may have already
been removed from the database and you should refer to that Public Act to see the changes
made to the current law.
(750 ILCS 60/212) (from Ch. 40, par. 2312-12)
Sec. 212. Hearings.
(a) A petition for an order of protection shall be
treated as an expedited proceeding, and no court
shall transfer or
otherwise decline to decide all or part of such petition
except as otherwise provided herein. Nothing in this Section
shall prevent the court from reserving issues when jurisdiction or notice
requirements are not met.
(b) Any court or a division thereof which ordinarily does not decide
matters of child custody and family support may decline to decide contested
issues of
physical care, 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 or concealment
within the State of the child or of separation of the child from the primary
caretaker.
If the court or division thereof has declined to decide any or all of
these issues, then it shall transfer all undecided issues to the
appropriate court or division.
In the event of such a transfer, a government attorney involved in the
criminal prosecution may, but need not, continue to offer counsel to the
petitioner on transferred matters.
(c) 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. (d) A court in a county with a population above 250,000 shall offer the option of a remote hearing to a petitioner for an order of protection. The court has the discretion to grant or deny the request for a remote hearing. Each court shall determine the procedure for a remote hearing. The petitioner and respondent may appear remotely or in person. The court shall issue and publish a court order, standing order, or local rule detailing information about the process for requesting and participating in a remote court appearance. The court order, standing order, or local rule shall be published on the court's website and posted on signs throughout the courthouse, including in the clerk's office. The sign shall be written in plain language and include information about the availability of remote court appearances and the process for requesting a remote hearing.
(Source: P.A. 102-853, eff. 1-1-23; 103-154, eff. 6-30-23.)
|
