(740 ILCS 22/103)
Sec. 103. Definitions. As used in this Act:
"Civil no contact order" means an emergency order or plenary order
granted under this Act, which includes a remedy authorized by Section 213
of this Act.
"Family or household members" include spouses, parents, children, stepchildren, and persons who share a common dwelling. "Non-consensual" means a lack of freely given agreement.
"Petitioner" may mean 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 also any other person sought to be protected by this Act. "Respondent" in a petition for a civil no contact order may mean not only the person alleged to have committed an act of non-consensual sexual conduct or non-consensual sexual penetration against the petitioner, but also any other named person alleged to have aided and abetted such an act of non-consensual sexual conduct or non-consensual sexual penetration.
"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.
"Sexual penetration" means any contact, however 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.
"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.(Source: P.A. 96-311, eff. 1-1-10.)
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(740 ILCS 22/201)
Sec. 201. Persons protected by this Act. (a) The following persons are protected by this Act: (1) any victim of non-consensual sexual conduct or |
| non-consensual sexual penetration on whose behalf the petition is brought;
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(2) any family or household member of the named
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(3) any employee of or volunteer at a rape crisis
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| center that is providing services to the petitioner or the petitioner's family or household member; and
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(4) any service member of the Illinois National Guard
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| or any reserve military component serving within the State who is a victim of non-consensual sexual conduct who has also received a Military Protective Order.
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(b) A petition for a civil no contact order may be filed:
(1) by any person who is a victim of non-consensual
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| sexual conduct or non-consensual sexual penetration, including a single incident of non-consensual sexual conduct or non-consensual sexual penetration;
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(2) by a person on behalf of a minor child or an
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| 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;
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(3) only after receiving consent from the victim, by
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| any family or household member of a victim of non-consensual sexual conduct or non-consensual sexual penetration, and the petition shall include a statement that the victim has consented to the family or household member filing the petition;
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(4) any service member of the Illinois National Guard
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| or any reserve military component serving within the State who is a victim of non-consensual sexual conduct who has also received a Military Protective Order; or
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(5) the Staff Judge Advocate of the Illinois National
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| Guard or any reserve military component serving within the State on behalf of a named victim who is a victim of non-consensual sexual conduct who has also received a Military Protective Order only after receiving consent from the victim, and the petition shall include a statement that the victim has consented to the Staff Judge Advocate filing the petition.
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(Source: P.A. 102-198, eff. 1-1-22; 103-407, eff. 7-28-23.)
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(740 ILCS 22/202)
Sec. 202. Commencement of action; filing fees.
(a) An action for a civil no contact order is commenced:
(1) independently, by filing a petition for a civil |
| no contact order in any civil court, unless specific courts are designated by local rule or order; or
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(2) in conjunction with a delinquency petition or a
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| criminal prosecution as provided in Article 112A of the Code of Criminal Procedure of 1963.
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(a-1) A petition for a civil no contact order may be filed in person or online.
(a-5) When a petition for an emergency civil no contact order is filed, the petition and file shall not be public and shall only be accessible to the court, law enforcement, petitioner, rape crisis advocate, counsel of record for either party, and State's Attorney for the county until the petition is served on the respondent.
Accessibility to the petition and file under this subsection prior to the petition being served on the respondent shall be in accordance with Section 5 of the Court Record and Document Accessibility Act.
(b) Withdrawal or dismissal of any petition for a
civil no contact order
prior to adjudication where the petitioner is represented by the State shall
operate as a dismissal without prejudice. No action for a civil no contact
order shall be dismissed because the respondent is being prosecuted for a crime
against the petitioner. For any action commenced under item (2) of subsection
(a) of
this Section, dismissal of the conjoined case (or a finding of not guilty)
shall not require dismissal of the action for a civil no contact order;
instead, it may be treated as an independent action and, if necessary and
appropriate, transferred to a different court or division.
(c) No fee shall be
charged by the clerk of the court for filing petitions or modifying or
certifying orders. No
fee
shall be charged by the sheriff for service by the sheriff of a
petition, rule, motion, or order in an action commenced under this
Section.
(d) The court shall provide, through the office
of the clerk of the court, simplified forms for filing of a petition under this Section by any
person not represented by counsel.
(Source: P.A. 102-831, eff. 5-13-22; 102-853, eff. 1-1-23; 103-154, eff. 6-30-23; 103-166, eff. 1-1-24.)
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(740 ILCS 22/213)
Sec. 213. Civil no contact order; remedies.
(a) If the court finds that the petitioner has been a victim of
non-consensual sexual conduct or non-consensual sexual penetration, a civil no
contact order shall issue; provided that the petitioner must also satisfy the
requirements of Section
214 on emergency orders or Section 215 on plenary orders. The petitioner
shall not be denied a civil no contact order because the petitioner or the
respondent is a minor. The court, when
determining whether or not to issue a civil no contact order, may not
require physical injury on the person of the victim.
Modification and extension of prior civil no contact orders shall be in
accordance with this Act.
(a-5) (Blank). (b) (Blank).
(b-5) The court may provide relief as follows: (1) prohibit the respondent from knowingly coming |
| within, or knowingly remaining within, a specified distance from the petitioner;
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(2) restrain the respondent from having any contact,
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| including nonphysical contact and electronic communication as defined in Section 26.5-0.1 of the Criminal Code of 2012, with the petitioner directly, indirectly, or through third parties, regardless of whether those third parties know of the order;
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(3) prohibit the respondent from knowingly coming
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| within, or knowingly remaining within, a specified distance from the petitioner's residence, school, day care or other specified location;
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(4) order the respondent to stay away from any
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| property or animal owned, possessed, leased, kept, or held by the petitioner and forbid the respondent from taking, transferring, encumbering, concealing, harming, or otherwise disposing of the property or animal; and
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(5) order any other injunctive relief as necessary or
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| appropriate for the protection of the petitioner.
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(b-6) When the petitioner and the respondent attend the same public or private elementary, middle, or high school, the court when issuing a civil no contact order 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 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 to 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.
In the event 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.
(b-7) 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. In the event the court orders a transfer of the respondent to another school, the parents or legal guardians of the respondent are responsible for transportation and other costs associated with the change of school by the respondent.
(c) Denial of a remedy may not be based, in whole or in part, on
evidence that:
(1) the respondent has cause for any use of force,
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| unless that cause satisfies the standards for justifiable use of force provided by Article 7 of the Criminal Code of 2012;
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(2) the respondent was voluntarily intoxicated;
(3) the petitioner acted in self-defense or defense
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| of another, provided that, if the petitioner utilized force, such force was justifiable under Article 7 of the Criminal Code of 2012;
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(4) the petitioner did not act in self-defense or
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(5) the petitioner left the residence or household to
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| avoid further non-consensual sexual conduct or non-consensual sexual penetration by the respondent; or
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(6) the petitioner did not leave the residence or
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| household to avoid further non-consensual sexual conduct or non-consensual sexual penetration by the respondent.
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(d) Monetary damages are not recoverable as a remedy.
(Source: P.A. 101-255, eff. 1-1-20; 102-220, eff. 1-1-22; 102-831, eff. 5-13-22.)
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(740 ILCS 22/214)
Sec. 214. Emergency civil no contact order.
(a) An emergency civil no contact order shall issue if
the petitioner satisfies the requirements of this subsection (a). The
petitioner
shall establish that:
(1) the court has jurisdiction under Section 206;
(2) the requirements of Section 213 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.
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An emergency civil no contact order shall be issued by the court if it appears from the contents of the petition and the examination of the petitioner that the averments are sufficient to indicate nonconsensual sexual conduct or nonconsensual sexual penetration by the respondent and to support the granting of relief under the issuance of the civil no contact order.
An emergency civil no contact order shall be issued if the court finds that subsections (1), (2), and (3) above are met.
(a-5) When a petition for a civil no contact order is granted, the petition, order, and file shall not be public and shall only be accessible to the court, law enforcement, petitioner, rape crisis advocate, counsel of record for either party, and the State's Attorney for the county until the petition is served on the respondent.
Accessibility to the petition, order, and file under this subsection prior to the petition being served on the respondent shall be in accordance with Section 5 of the Court Record and Document Accessibility Act.
(b) If the respondent appears in court for
this hearing for an emergency order, he or she may elect to file a
general appearance and testify. Any resulting order may be an emergency
order, governed by this Section. Notwithstanding the requirements of
this Section, if all requirements of Section 215 have been met, the
court may issue a plenary order.
(c) Emergency orders; court holidays and evenings.
(1) When the court is unavailable at the close of
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| business, the petitioner may file a petition for a 21-day emergency order before any available circuit judge or associate judge who may grant relief under this Act. If the judge finds that there is an immediate and present danger of abuse against the petitioner and that the petitioner has satisfied the prerequisites set forth in subsection (a), that judge may issue an emergency civil no contact order.
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(2) The chief judge of the circuit court may
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| 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 emergency civil no contact order at all times, whether or not the court is in session.
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(3) Any order issued under this Section and any
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| documentation in support of the order 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, in accordance with Section 222. Filing the petition shall commence proceedings for further relief under Section 202. Failure to comply with the requirements of this paragraph (3) does not affect the validity of the order.
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(Source: P.A. 102-831, eff. 5-13-22; 103-166, eff. 1-1-24.)
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(740 ILCS 22/217)
Sec. 217. Contents of orders.
(a) Any civil no contact order shall describe each remedy granted by
the court, in reasonable detail and
not by reference to any other document, so that the respondent may
clearly understand what he or she must do or refrain from doing.
(b) A civil no contact order shall further state the following:
(1) The name of each petitioner that the court finds |
| was the victim of non-consensual sexual conduct or non-consensual sexual penetration by the respondent and the name of each other person protected by the civil no contact order.
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(2) The date and time the civil no contact order was
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| issued, whether it is an emergency or plenary order, and the duration of the order.
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(3) The date, time, and place for any scheduled
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| hearing for extension of that civil no contact order or for another order of greater duration or scope.
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(4) For each remedy in an emergency civil no contact
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| order, the reason for entering that remedy without prior notice to the respondent or greater notice than was actually given.
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(5) For emergency civil no contact orders, that the
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| respondent may petition the court, in accordance with Section 218.5, to reopen the order if he or she did not receive actual prior notice of the hearing as required under Section 209 of this Act and if the respondent alleges that he or she had a meritorious defense to the order or that the order or its remedy is not authorized by this Act.
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(c) A civil no contact order shall include the following notice,
printed in conspicuous type: "Any knowing violation of a civil no contact
order is a Class A misdemeanor. Any second or subsequent violation is a
Class 4 felony."
(d) A civil no contact order shall state, "This Civil No Contact Order 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)."
(Source: P.A. 96-311, eff. 1-1-10.)
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(740 ILCS 22/218)
Sec. 218. Notice of orders.
(a) Upon issuance of any civil no contact order, the clerk shall
immediately:
(1) enter the order on the record and file it in |
| accordance with the circuit court procedures; and
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(2) provide a file stamped copy of the order to the
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| respondent, if present, and to the petitioner.
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(b) The clerk of the issuing judge shall, or the petitioner may, on the
same day that a civil no contact order is issued, file a certified copy of that
order with the sheriff or other law enforcement officials charged with
maintaining Illinois State Police records or charged with serving the
order upon the respondent. If the respondent, at the time of the issuance of the order, is committed to the custody of the Illinois Department of Corrections or Illinois Department of Juvenile Justice, or is on parole, aftercare release, or mandatory supervised release, the sheriff or other law enforcement officials charged with maintaining Illinois State Police records shall notify the Department of Corrections or Department of Juvenile Justice within 48 hours of receipt of a copy of the civil no contact order from the clerk of the issuing judge or the petitioner. Such notice shall include the name of the respondent, the respondent's IDOC inmate number or IDJJ youth identification number, the respondent's date of birth, and the LEADS Record Index Number.
(c) Unless the 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 the respondent and file proof of such
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 218.1 may serve the respondent with a short form notification as provided in Section 218.1. If
process has not yet been served upon the respondent, it shall be served with
the order or short form notification if such service is made by the sheriff, other law enforcement official, or special process server.
(d) If the person against whom the civil no contact order is issued is
arrested and the written order is issued in accordance with subsection (c) of
Section 214 and received by the custodial law enforcement agency before
the respondent or arrestee is released from custody, the custodial law
enforcement agent 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 hearing
on the petition for civil no contact order or receipt of the order issued under
Section 214 of this Act.
(e) Any order extending, modifying, or revoking any civil no contact
order shall be promptly recorded, issued, and served as provided in this
Section.
(f) Upon the request of the
petitioner, within 24 hours of the issuance of a civil no contact order, the
clerk of the issuing judge shall
send written notice of the order along with
a certified copy of the order to any school, college, or university at which
the
petitioner is enrolled.
(Source: P.A. 101-508, eff. 1-1-20; 102-538, eff. 8-20-21.)
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(740 ILCS 22/218.1) Sec. 218.1. Short form notification. (a) Instead of personal service of a civil no contact order under Section 218, 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 a parolee's or releasee's conditions of parole, aftercare release, or mandatory supervised release may serve a respondent with a short form notification. The short form notification must include the following items: (1) The respondent's name. (2) The respondent's date of birth, if known. (3) The petitioner's name. (4) The names of other protected parties. (5) The date and county in which the civil no contact |
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(6) The court file number.
(7) The hearing date and time, if known.
(8) The conditions that apply to the respondent,
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| either in checklist form or handwritten.
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(b) The short form notification must 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.
(f) A single short form notification form may be used for orders of protection under the Illinois Domestic Violence Act of 1986, stalking no contact orders under the Stalking No Contact Order Act, and civil no contact orders under this Act.
(Source: P.A. 97-1017, eff. 1-1-13; 98-558, eff. 1-1-14.)
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(740 ILCS 22/220) Sec. 220. Enforcement of a civil no contact order. (a) Nothing in this Act shall preclude any Illinois court from enforcing a valid protective order issued in another state or by a military judge. (b) Illinois courts may enforce civil no contact orders through both criminal proceedings and civil contempt proceedings, unless the action which is second in time is barred by collateral estoppel or the constitutional prohibition against double jeopardy. (b-1) The court shall not hold a school district or private or non-public school or any of its employees in civil or criminal contempt unless the school district or private or non-public school has been allowed to intervene. (b-2) The court may hold the parents, guardian, or legal custodian of a minor respondent in civil or criminal contempt for a violation of any provision of any order entered under this Act for conduct of the minor respondent in violation of this Act if the
parents, guardian, or legal custodian directed, encouraged, or assisted the respondent minor in such conduct. (c) Criminal prosecution. A violation of any civil no contact order, whether issued in a civil or criminal proceeding or by a military judge, shall be enforced by a criminal court when the respondent commits the crime of violation of a civil no contact order pursuant to Section 219 by having knowingly violated: (1) remedies described in Section 213 and included in |
| a civil no contact order; or
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(2) a provision of an order, which is substantially
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| similar to provisions of Section 213, in a valid civil no contact order which is authorized under the laws of another state, tribe, or United States territory.
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Prosecution for a violation of a civil no contact order shall not bar a 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.
(d) Contempt of court. A violation of any valid Illinois civil no contact 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 of where the act or acts which violated the civil no contact order were committed, to the extent consistent with the venue provisions of this Act.
(1) In a contempt proceeding where the petition for a
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| rule to show cause or petition for adjudication of criminal contempt sets forth facts evidencing an immediate danger that the respondent will flee the jurisdiction or inflict physical abuse on the petitioner or minor children or on dependent adults in the petitioner's care, the court may order the attachment of the respondent without prior service of the petition for a rule to show cause, the rule to show cause, the petition for adjudication of criminal contempt or the adjudication of criminal contempt. Conditions of release shall be set unless specifically denied in writing.
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(2) A petition for a rule to show cause or a petition
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| for adjudication of criminal contempt for violation of a civil no contact order shall be treated as an expedited proceeding.
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(e) Actual knowledge. A civil no contact order may be enforced pursuant to this Section if the respondent violates the order after the respondent has actual knowledge of its contents as shown through one of the following means:
(1) by service, delivery, or notice under Section 208;
(2) by notice under Section 218;
(3) by service of a civil no contact order under
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(4) by other means demonstrating actual knowledge of
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| the contents of the order.
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(f) The enforcement of a civil no contact order in civil or criminal court shall not be affected by either of the following:
(1) the existence of a separate, correlative order,
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| entered under Section 202; or
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(2) any finding or order entered in a conjoined
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(g) Circumstances. The court, when determining whether or not a violation of a civil no contact order has occurred, shall not require physical manifestations of abuse on the person of the victim.
(h) Penalties.
(1) Except as provided in paragraph (3) of this
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| subsection, where the court finds the commission of a crime or contempt of court under subsection (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.
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(2) The court shall hear and take into account
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| evidence of any factors in aggravation or mitigation before deciding an appropriate penalty under paragraph (1) of this subsection.
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(3) To the extent permitted by law, the court is
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(i) increase the penalty for the knowing
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| violation of any civil no contact order over any penalty previously imposed by any court for respondent's violation of any civil no contact order or penal statute involving petitioner as victim and respondent as defendant;
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(ii) impose a minimum penalty of 24 hours
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| imprisonment for respondent's first violation of any civil no contact order; and
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(iii) impose a minimum penalty of 48 hours
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| imprisonment for respondent's second or subsequent violation of a civil no contact order unless the court explicitly finds that an increased penalty or that period of imprisonment would be manifestly unjust.
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(4) In addition to any other penalties imposed for a
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| violation of a civil no contact order, a criminal court may consider evidence of any previous violations of a civil no contact order:
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(i) to modify the conditions of pretrial release
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| on an underlying criminal charge pursuant to Section 110-6 of the Code of Criminal Procedure of 1963;
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(ii) to revoke or modify an order of probation,
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| conditional discharge or supervision, pursuant to Section 5-6-4 of the Unified Code of Corrections; or
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(iii) to revoke or modify a sentence of periodic
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| imprisonment, pursuant to Section 5-7-2 of the Unified Code of Corrections.
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(Source: P.A. 103-407, eff. 7-28-23.)
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