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Public Act 097-0294 | ||||
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Stalking No Contact Order Act is amended by | ||||
changing Section 80 as follows: | ||||
(740 ILCS 21/80)
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Sec. 80. Stalking no contact orders; remedies. | ||||
(a) If the court finds that the petitioner has been a | ||||
victim of stalking, a stalking no contact order shall issue; | ||||
provided that the petitioner must also satisfy the requirements | ||||
of Section 95 on emergency orders or Section 100 on plenary | ||||
orders. The petitioner shall not be denied a stalking no | ||||
contact order because the petitioner or the respondent is a | ||||
minor. The court, when determining whether or not to issue a | ||||
stalking no contact order, may not require physical injury on | ||||
the person of the petitioner. Modification and extension of | ||||
prior stalking no contact orders shall be in accordance with | ||||
this Act. | ||||
(b) A stalking no contact order shall order one or more of | ||||
the following: | ||||
(1) prohibit the respondent from threatening to commit | ||||
or committing stalking; | ||||
(2) order the respondent not to have any contact with |
the petitioner or a third person specifically named by the | ||
court; | ||
(3) prohibit the respondent from knowingly coming | ||
within, or knowingly remaining within a specified distance | ||
of the petitioner or the petitioner's residence, school, | ||
daycare, or place of employment, or any specified place | ||
frequented by the petitioner; however, the court may order | ||
the respondent to stay away from the respondent's own | ||
residence, school, or place of employment only if the | ||
respondent has been provided actual notice of the | ||
opportunity to appear and be heard on the petition; | ||
(4) prohibit the respondent from possessing a Firearm | ||
Owners Identification Card, or possessing or buying | ||
firearms; and | ||
(5) order other injunctive relief the court determines | ||
to be necessary to protect the petitioner or third party | ||
specifically named by the court. | ||
(b-5) When the petitioner and the respondent attend the | ||
same public, private, or non-public elementary, middle, or high | ||
school, the court when issuing a stalking 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-6) 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, guardian, or legal custodian of the respondent are | ||
responsible for transportation and other costs associated with | ||
the change of school by the respondent. | ||
(b-7) 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-8) 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) The court may award the petitioner costs and attorneys | ||
fees if a stalking no contact order is granted. | ||
(d) Monetary damages are not recoverable as a remedy.
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(Source: P.A. 96-246, eff. 1-1-10.)
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Section 10. The Civil No Contact Order Act is amended by | ||
changing Sections 213 and 220 as follows:
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(740 ILCS 22/213)
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Sec. 213. Civil no contact order; remedies.
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(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.
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(b) (Blank).
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(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; | ||
(2) restrain the respondent from having any contact, | ||
including nonphysical contact, with the petitioner | ||
directly, indirectly, or through third parties, regardless | ||
of whether those third parties know of the order; | ||
(3) prohibit the respondent from knowingly coming | ||
within, or knowingly remaining within, a specified | ||
distance from the petitioner's residence, school, day care | ||
or other specified location; | ||
(4) order the respondent to stay away from any 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 | ||
(5) order any other injunctive relief as necessary or | ||
appropriate for the protection of the petitioner. | ||
(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 , among the other facts of the case, 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 and | ||
the expense, difficulty, and educational disruption that would | ||
be caused by a transfer of the respondent to another school . | ||
The court may order that the respondent not attend the public , | ||
or 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:
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(1) the respondent has cause for any use of force, | ||
unless that
cause satisfies the standards for justifiable | ||
use of force provided
by Article VII of the Criminal Code | ||
of 1961;
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(2) the respondent was voluntarily intoxicated;
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(3) the petitioner acted in self-defense or defense of |
another,
provided that, if the petitioner utilized force, | ||
such force was
justifiable under Article VII of the | ||
Criminal Code of 1961;
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(4) the petitioner did not act in self-defense or | ||
defense of
another;
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(5) the petitioner left the residence or household to | ||
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 | ||
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.
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(Source: P.A. 96-311, eff. 1-1-10.)
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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. | ||
(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, 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 | ||
(2) a provision of an order, which is substantially | ||
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. | ||
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 | ||
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. Bond | ||
shall be set unless specifically denied in writing. | ||
(2) A petition for a rule to show cause or a petition | ||
for adjudication of criminal contempt for violation of a | ||
civil no contact order shall be treated as an expedited | ||
proceeding. | ||
(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 |
Section 218; or | ||
(4) by other means demonstrating actual knowledge of | ||
the contents of the order. | ||
(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, | ||
entered under Section 202; or | ||
(2) any finding or order entered in a conjoined | ||
criminal proceeding. | ||
(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 | ||
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. | ||
(2) The court shall hear and take into account evidence | ||
of any factors in aggravation or mitigation before deciding | ||
an appropriate penalty under paragraph (1) of this |
subsection. | ||
(3) To the extent permitted by law, the court is | ||
encouraged to: | ||
(i) increase the penalty for the knowing 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; | ||
(ii) impose a minimum penalty of 24 hours | ||
imprisonment for respondent's first violation of any | ||
civil no contact order; and | ||
(iii) impose a minimum penalty of 48 hours | ||
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. | ||
(4) In addition to any other penalties imposed for a | ||
violation of a civil no contact order, a criminal court may | ||
consider evidence of any previous violations of a civil no | ||
contact order: | ||
(i) to increase, revoke or modify the bail bond on | ||
an underlying criminal charge pursuant to Section | ||
110-6 of the Code of Criminal Procedure of 1963; | ||
(ii) to revoke or modify an order of probation, | ||
conditional discharge or supervision, pursuant to |
Section 5-6-4 of the Unified Code of Corrections; or | ||
(iii) to revoke or modify a sentence of periodic | ||
imprisonment, pursuant to Section 5-7-2 of the Unified | ||
Code of Corrections.
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(Source: P.A. 96-311, eff. 1-1-10.) | ||
Section 15. The Illinois Domestic Violence Act of 1986 is | ||
amended by changing Sections 214 and 223 as follows:
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(750 ILCS 60/214) (from Ch. 40, par. 2312-14)
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Sec. 214. Order of protection; remedies.
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(a) Issuance of order. If the court finds that petitioner | ||
has been
abused by a family or household member or that | ||
petitioner is a high-risk
adult who has been abused, neglected, | ||
or exploited, as defined in this Act,
an order of protection | ||
prohibiting the abuse, neglect, or exploitation
shall issue; | ||
provided that petitioner must also satisfy the requirements of
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one of the following Sections, as appropriate: Section 217 on | ||
emergency
orders, Section 218 on interim orders, or Section 219 | ||
on plenary orders.
Petitioner shall not be denied an order of | ||
protection because petitioner or
respondent is a minor. The | ||
court, when determining whether or not to issue
an order of | ||
protection, shall not require physical manifestations of abuse
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on the person of the victim. Modification and extension of | ||
prior
orders of protection shall be in accordance with this | ||
Act.
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(b) Remedies and standards. The remedies to be included in | ||
an order of
protection shall be determined in accordance with | ||
this Section and one of
the following Sections, as appropriate: | ||
Section 217 on emergency orders,
Section 218 on interim orders, | ||
and Section 219 on plenary orders. The
remedies listed in this | ||
subsection shall be in addition to other civil or
criminal | ||
remedies available to petitioner.
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(1) Prohibition of abuse, neglect, or exploitation. | ||
Prohibit
respondent's harassment, interference with | ||
personal liberty, intimidation
of a dependent, physical | ||
abuse, or willful deprivation, neglect or
exploitation, as | ||
defined in this Act, or stalking of the petitioner, as | ||
defined
in Section 12-7.3 of the Criminal Code of 1961, if | ||
such abuse, neglect,
exploitation, or stalking has | ||
occurred or otherwise appears likely to occur if
not | ||
prohibited.
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(2) Grant of exclusive possession of residence. | ||
Prohibit respondent from
entering or remaining in any | ||
residence, household, or premises of the petitioner,
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including one owned or leased by respondent, if petitioner | ||
has a right to
occupancy thereof. The grant of exclusive | ||
possession of the residence, household, or premises shall | ||
not
affect title to real property, nor shall the court be | ||
limited by the standard
set forth in Section 701 of the | ||
Illinois Marriage and Dissolution of Marriage
Act.
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(A) Right to occupancy. A party has a right to |
occupancy of a
residence or household if it is solely | ||
or jointly owned or leased by that
party, that party's | ||
spouse, a person with a legal duty to support that | ||
party or
a minor child in that party's care, or by any | ||
person or entity other than the
opposing party that | ||
authorizes that party's occupancy (e.g., a domestic
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violence shelter). Standards set forth in subparagraph | ||
(B) shall not preclude
equitable relief.
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(B) Presumption of hardships. If petitioner and | ||
respondent
each has the right to occupancy of a | ||
residence or household, the court
shall balance (i) the | ||
hardships to respondent and any minor child or
| ||
dependent adult in respondent's care resulting from | ||
entry of this remedy with
(ii) the hardships to | ||
petitioner and any minor child or dependent adult in
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petitioner's care resulting from continued exposure to | ||
the risk of abuse
(should petitioner remain at the | ||
residence or household) or from loss of
possession of | ||
the residence or household (should petitioner leave to | ||
avoid the
risk of abuse). When determining the balance | ||
of hardships, the court shall
also take into account | ||
the accessibility of the residence or household.
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Hardships need not be balanced if respondent does not | ||
have a right to
occupancy.
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The balance of hardships is presumed to favor | ||
possession by
petitioner unless the presumption is |
rebutted by a preponderance of the
evidence, showing | ||
that the hardships to respondent substantially | ||
outweigh
the hardships to petitioner and any minor | ||
child or dependent adult in
petitioner's care. The | ||
court, on the request of petitioner or on its own
| ||
motion, may order respondent to provide suitable, | ||
accessible, alternate housing
for petitioner instead | ||
of excluding respondent from a mutual residence or
| ||
household.
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(3) Stay away order and additional prohibitions.
Order | ||
respondent to stay away from petitioner or any other person
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protected by the order of protection, or prohibit | ||
respondent from entering
or remaining present at | ||
petitioner's school, place of employment, or other
| ||
specified places at times when petitioner is present, or | ||
both, if
reasonable, given the balance of hardships. | ||
Hardships need not be balanced for
the court to enter a | ||
stay away order or prohibit entry if respondent has no
| ||
right to enter the premises.
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(A) If an order of protection grants petitioner | ||
exclusive possession
of the residence, or prohibits | ||
respondent from entering the residence,
or orders | ||
respondent to stay away from petitioner or other
| ||
protected persons, then the court may allow respondent | ||
access to the
residence to remove items of clothing and | ||
personal adornment
used exclusively by respondent, |
medications, and other items as the court
directs. The | ||
right to access shall be exercised on only one occasion | ||
as the
court directs and in the presence of an | ||
agreed-upon adult third party or law
enforcement | ||
officer.
| ||
(B) When the petitioner and the respondent attend | ||
the same public, private, or non-public elementary, | ||
middle, or high school, the court when issuing an order | ||
of protection 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 change of 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 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. | ||
(C) 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. 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, guardian, or legal | ||
custodian of the respondent is responsible for | ||
transportation and other costs associated with the | ||
change of school by the respondent.
| ||
(4) Counseling. Require or recommend the respondent to | ||
undergo
counseling for a specified duration with a social | ||
worker, psychologist,
clinical psychologist, psychiatrist, | ||
family service agency, alcohol or
substance abuse program, | ||
mental health center guidance counselor, agency
providing | ||
services to elders, program designed for domestic violence
| ||
abusers or any other guidance service the court deems | ||
appropriate. The Court may order the respondent in any | ||
intimate partner relationship to report to an Illinois |
Department of Human Services protocol approved partner | ||
abuse intervention program for an assessment and to follow | ||
all recommended treatment.
| ||
(5) Physical care and possession of the minor child. In | ||
order to protect
the minor child from abuse, neglect, or | ||
unwarranted separation from the person
who has been the | ||
minor child's primary caretaker, or to otherwise protect | ||
the
well-being of the minor child, the court may do either | ||
or both of the
following: (i) grant petitioner physical | ||
care or possession of the minor child,
or both, or (ii) | ||
order respondent to return a minor child to, or not remove | ||
a
minor child from, the physical care of a parent or person | ||
in loco parentis.
| ||
If a court finds, after a hearing, that respondent has | ||
committed abuse
(as defined in Section 103) of a minor | ||
child, there shall be a
rebuttable presumption that | ||
awarding physical care to respondent would not
be in the | ||
minor child's best interest.
| ||
(6) Temporary legal custody. Award temporary legal | ||
custody to petitioner
in accordance with this Section, the | ||
Illinois Marriage and Dissolution of
Marriage Act, the | ||
Illinois Parentage Act of 1984, and this State's Uniform
| ||
Child-Custody Jurisdiction and Enforcement Act.
| ||
If a court finds, after a hearing, that respondent has | ||
committed abuse (as
defined in Section 103) of a minor | ||
child, there shall be a rebuttable
presumption that |
awarding temporary legal custody to respondent would not be | ||
in
the child's best interest.
| ||
(7) Visitation. Determine the visitation rights, if | ||
any, of respondent in
any case in which the court awards | ||
physical care or temporary legal custody of
a minor child | ||
to petitioner. The court shall restrict or deny | ||
respondent's
visitation with a minor child if the court | ||
finds that respondent has done or is
likely to do any of | ||
the following: (i) abuse or endanger the minor child during
| ||
visitation; (ii) use the visitation as an opportunity to | ||
abuse or harass
petitioner or petitioner's family or | ||
household members; (iii) improperly
conceal or detain the | ||
minor child; or (iv) otherwise act in a manner that is
not | ||
in the best interests of the minor child. The court shall | ||
not be limited
by the standards set forth in Section 607.1 | ||
of the Illinois Marriage and
Dissolution of Marriage Act. | ||
If the court grants visitation, the order shall
specify | ||
dates and times for the visitation to take place or other | ||
specific
parameters or conditions that are appropriate. No | ||
order for visitation shall
refer merely to the term | ||
"reasonable visitation".
| ||
Petitioner may deny respondent access to the minor | ||
child if, when
respondent arrives for visitation, | ||
respondent is under the influence of drugs
or alcohol and | ||
constitutes a threat to the safety and well-being of
| ||
petitioner or petitioner's minor children or is behaving in |
a violent or
abusive manner.
| ||
If necessary to protect any member of petitioner's | ||
family or
household from future abuse, respondent shall be | ||
prohibited from coming to
petitioner's residence to meet | ||
the minor child for visitation, and the
parties shall | ||
submit to the court their recommendations for reasonable
| ||
alternative arrangements for visitation. A person may be | ||
approved to
supervise visitation only after filing an | ||
affidavit accepting
that responsibility and acknowledging | ||
accountability to the court.
| ||
(8) Removal or concealment of minor child. Prohibit | ||
respondent from
removing a minor child from the State or | ||
concealing the child within the State.
| ||
(9) Order to appear. Order the respondent to appear in | ||
court, alone
or with a minor child, to prevent abuse, | ||
neglect, removal or concealment of
the child, to return the | ||
child to the custody or care of the petitioner or
to permit | ||
any court-ordered interview or examination of the child or | ||
the
respondent.
| ||
(10) Possession of personal property. Grant petitioner | ||
exclusive
possession of personal property and, if | ||
respondent has possession or
control, direct respondent to | ||
promptly make it available to petitioner, if:
| ||
(i) petitioner, but not respondent, owns the | ||
property; or
| ||
(ii) the parties own the property jointly; sharing |
it would risk
abuse of petitioner by respondent or is | ||
impracticable; and the balance of
hardships favors | ||
temporary possession by petitioner.
| ||
If petitioner's sole claim to ownership of the property | ||
is that it is
marital property, the court may award | ||
petitioner temporary possession
thereof under the | ||
standards of subparagraph (ii) of this paragraph only if
a | ||
proper proceeding has been filed under the Illinois | ||
Marriage and
Dissolution of Marriage Act, as now or | ||
hereafter amended.
| ||
No order under this provision shall affect title to | ||
property.
| ||
(11) Protection of property. Forbid the respondent | ||
from taking,
transferring, encumbering, concealing, | ||
damaging or otherwise disposing of
any real or personal | ||
property, except as explicitly authorized by the
court, if:
| ||
(i) petitioner, but not respondent, owns the | ||
property; or
| ||
(ii) the parties own the property jointly,
and the | ||
balance of hardships favors granting this remedy.
| ||
If petitioner's sole claim to ownership of the property | ||
is that it is
marital property, the court may grant | ||
petitioner relief under subparagraph
(ii) of this | ||
paragraph only if a proper proceeding has been filed under | ||
the
Illinois Marriage and Dissolution of Marriage Act, as | ||
now or hereafter amended.
|
The court may further prohibit respondent from | ||
improperly using the
financial or other resources of an | ||
aged member of the family or household
for the profit or | ||
advantage of respondent or of any other person.
| ||
(11.5) Protection of animals. Grant the petitioner the | ||
exclusive care, custody, or control of any animal owned, | ||
possessed, leased, kept, or held by either the petitioner | ||
or the respondent or a minor child residing in the | ||
residence or household of either the petitioner or the | ||
respondent and order the respondent to stay away from the | ||
animal and forbid the respondent from taking, | ||
transferring, encumbering, concealing, harming, or | ||
otherwise disposing of the animal.
| ||
(12) Order for payment of support. Order respondent to | ||
pay temporary
support for the petitioner or any child in | ||
the petitioner's care or
custody, when the respondent has a | ||
legal obligation to support that person,
in accordance with | ||
the Illinois Marriage and Dissolution
of Marriage Act, | ||
which shall govern, among other matters, the amount of
| ||
support, payment through the clerk and withholding of | ||
income to secure
payment. An order for child support may be | ||
granted to a petitioner with
lawful physical care or | ||
custody of a child, or an order or agreement for
physical | ||
care or custody, prior to entry of an order for legal | ||
custody.
Such a support order shall expire upon entry of a | ||
valid order granting
legal custody to another, unless |
otherwise provided in the custody order.
| ||
(13) Order for payment of losses. Order respondent to | ||
pay petitioner for
losses suffered as a direct result of | ||
the abuse, neglect, or exploitation.
Such losses shall | ||
include, but not be limited to, medical expenses, lost
| ||
earnings or other support, repair or replacement of | ||
property damaged or taken,
reasonable attorney's fees, | ||
court costs and moving or other travel expenses,
including | ||
additional reasonable expenses for temporary shelter and | ||
restaurant
meals.
| ||
(i) Losses affecting family needs. If a party is | ||
entitled to seek
maintenance, child support or | ||
property distribution from the other party
under the | ||
Illinois Marriage and Dissolution of Marriage Act, as | ||
now or
hereafter amended, the court may order | ||
respondent to reimburse petitioner's
actual losses, to | ||
the extent that such reimbursement would be | ||
"appropriate
temporary relief", as authorized by | ||
subsection (a)(3) of Section 501 of
that Act.
| ||
(ii) Recovery of expenses. In the case of an | ||
improper concealment
or removal of a minor child, the | ||
court may order respondent to pay the
reasonable | ||
expenses incurred or to be incurred in the search for | ||
and recovery
of the minor child, including but not | ||
limited to legal fees, court costs,
private | ||
investigator fees, and travel costs.
|
(14) Prohibition of entry. Prohibit the respondent | ||
from entering or
remaining in the residence or household | ||
while the respondent is under the
influence of alcohol or | ||
drugs and constitutes a threat to the safety and
well-being | ||
of the petitioner or the petitioner's children.
| ||
(14.5) Prohibition of firearm possession.
| ||
(a) When a complaint is made
under a request for an | ||
order of protection, that the respondent has | ||
threatened
or is likely to use firearms illegally | ||
against the petitioner, the court shall examine on oath | ||
the petitioner, and any witnesses who
may be produced. | ||
If the court is satisfied that there is any danger of | ||
the
illegal use of firearms, and the respondent is | ||
present in court, it shall issue an order that any | ||
firearms and any Firearm Owner's Identification Card | ||
in the
possession of the respondent, except as provided | ||
in subsection (b), be turned
over to the local law | ||
enforcement agency
for safekeeping. If the court is | ||
satisfied that there is any danger of the illegal use | ||
of firearms, and if the respondent is not present in | ||
court, the court shall
issue a warrant for seizure of | ||
any firearm and Firearm Owner's Identification Card in | ||
the possession of the respondent, to be kept by the | ||
local law enforcement agency for safekeeping, except | ||
as provided in subsection (b).
The period of | ||
safekeeping shall be for a stated period of time not to |
exceed 2
years. The firearm or firearms and Firearm | ||
Owner's Identification Card shall be returned to the | ||
respondent at the end
of the stated period or at | ||
expiration of the order of protection, whichever is
| ||
sooner.
| ||
(b) If the respondent is a peace officer as defined | ||
in Section 2-13 of
the
Criminal Code of 1961, the court | ||
shall order that any firearms used by the
respondent in | ||
the performance of his or her duties as a
peace officer | ||
be surrendered to
the chief law enforcement executive | ||
of the agency in which the respondent is
employed, who | ||
shall retain the firearms for safekeeping for the | ||
stated period
not to exceed 2 years as set forth in the | ||
court order.
| ||
(c) Upon expiration of the period of safekeeping, | ||
if the firearms or Firearm Owner's Identification Card | ||
cannot be returned to respondent because respondent | ||
cannot be located, fails to respond to requests to | ||
retrieve the firearms, or is not lawfully eligible to | ||
possess a firearm, upon petition from the local law | ||
enforcement agency, the court may order the local law | ||
enforcement agency to destroy the firearms, use the | ||
firearms for training purposes, or for any other | ||
application as deemed appropriate by the local law | ||
enforcement agency; or that the firearms be turned over | ||
to a third party who is lawfully eligible to possess |
firearms, and who does not reside with respondent.
| ||
(15) Prohibition of access to records. If an order of | ||
protection
prohibits respondent from having contact with | ||
the minor child,
or if petitioner's address is omitted | ||
under subsection (b) of
Section 203, or if necessary to | ||
prevent abuse or wrongful removal or
concealment of a minor | ||
child, the order shall deny respondent access to, and
| ||
prohibit respondent from inspecting, obtaining, or | ||
attempting to
inspect or obtain, school or any other | ||
records of the minor child
who is in the care of | ||
petitioner.
| ||
(16) Order for payment of shelter services. Order | ||
respondent to
reimburse a shelter providing temporary | ||
housing and counseling services to
the petitioner for the | ||
cost of the services, as certified by the shelter
and | ||
deemed reasonable by the court.
| ||
(17) Order for injunctive relief. Enter injunctive | ||
relief necessary
or appropriate to prevent further abuse of | ||
a family or household member
or further abuse, neglect, or | ||
exploitation of a high-risk adult with
disabilities or to | ||
effectuate one of the granted remedies, if supported by the
| ||
balance of hardships. If the harm to be prevented by the | ||
injunction is abuse
or any other harm that one of the | ||
remedies listed in paragraphs (1) through
(16) of this | ||
subsection is designed to prevent, no further evidence is
| ||
necessary that the harm is an irreparable injury.
|
(c) Relevant factors; findings.
| ||
(1) In determining whether to grant a specific remedy, | ||
other than
payment of support, the court shall consider
| ||
relevant factors, including but not limited to the | ||
following:
| ||
(i) the nature, frequency, severity, pattern and | ||
consequences of the
respondent's past abuse, neglect | ||
or exploitation of the petitioner or
any family or | ||
household member, including the concealment of his or | ||
her
location in order to evade service of process or | ||
notice, and the likelihood of
danger of future abuse, | ||
neglect, or exploitation to petitioner or any member of
| ||
petitioner's or respondent's family or household; and
| ||
(ii) the danger that any minor child will be abused | ||
or neglected or
improperly removed from the | ||
jurisdiction, improperly concealed within the
State or | ||
improperly separated from the child's primary | ||
caretaker.
| ||
(2) In comparing relative hardships resulting to the | ||
parties from loss
of possession of the family home, the | ||
court shall consider relevant
factors, including but not | ||
limited to the following:
| ||
(i) availability, accessibility, cost, safety, | ||
adequacy, location and
other characteristics of | ||
alternate housing for each party and any minor child
or | ||
dependent adult in the party's care;
|
(ii) the effect on the party's employment; and
| ||
(iii) the effect on the relationship of the party, | ||
and any minor
child or dependent adult in the party's | ||
care, to family, school, church
and community.
| ||
(3) Subject to the exceptions set forth in paragraph | ||
(4) of this
subsection, the court shall make its findings | ||
in an official record or in
writing, and shall at a minimum | ||
set forth the following:
| ||
(i) That the court has considered the applicable | ||
relevant factors
described in paragraphs (1) and (2) of | ||
this subsection.
| ||
(ii) Whether the conduct or actions of respondent, | ||
unless
prohibited, will likely cause irreparable harm | ||
or continued abuse.
| ||
(iii) Whether it is necessary to grant the | ||
requested relief in order
to protect petitioner or | ||
other alleged abused persons.
| ||
(4) For purposes of issuing an ex parte emergency order | ||
of protection,
the court, as an alternative to or as a | ||
supplement to making the findings
described in paragraphs | ||
(c)(3)(i) through (c)(3)(iii) of this subsection, may
use | ||
the following procedure:
| ||
When a verified petition for an emergency order of | ||
protection in
accordance with the requirements of Sections | ||
203 and 217 is
presented to the court, the court shall | ||
examine petitioner on oath or
affirmation. An emergency |
order of protection shall be issued by the court
if it | ||
appears from the contents of the petition and the | ||
examination of
petitioner that the averments are | ||
sufficient to indicate abuse by
respondent and to support | ||
the granting of relief under the issuance of the
emergency | ||
order of protection.
| ||
(5) Never married parties. No rights or | ||
responsibilities for a minor
child born outside of marriage | ||
attach to a putative father until a father and
child | ||
relationship has been established under the Illinois | ||
Parentage Act of
1984, the Illinois Public Aid Code, | ||
Section 12 of the Vital Records Act, the
Juvenile Court Act | ||
of 1987, the Probate Act of 1985, the Revised Uniform
| ||
Reciprocal Enforcement of Support Act, the Uniform | ||
Interstate Family Support
Act, the Expedited Child Support | ||
Act of 1990, any judicial, administrative, or
other act of | ||
another state or territory, any other Illinois statute, or | ||
by any
foreign nation establishing the father and child | ||
relationship, any other
proceeding substantially in | ||
conformity with the Personal Responsibility and
Work | ||
Opportunity Reconciliation Act of 1996 (Pub. L. 104-193), | ||
or where both
parties appeared in open court or at an | ||
administrative hearing acknowledging
under
oath or | ||
admitting by affirmation the existence of a father and | ||
child
relationship.
Absent such an adjudication, finding, | ||
or acknowledgement, no putative
father shall be granted
|
temporary custody of the minor child, visitation with the | ||
minor child, or
physical care and possession of the minor | ||
child, nor shall an order of payment
for support of the | ||
minor child be entered.
| ||
(d) Balance of hardships; findings. If the court finds that | ||
the balance
of hardships does not support the granting of a | ||
remedy governed by
paragraph (2), (3), (10), (11), or (16) of | ||
subsection (b) of this Section,
which may require such | ||
balancing, the court's findings shall so
indicate and shall | ||
include a finding as to whether granting the remedy will
result | ||
in hardship to respondent that would substantially outweigh the | ||
hardship
to petitioner from denial of the remedy. The findings | ||
shall be an official
record or in writing.
| ||
(e) Denial of remedies. Denial of any remedy shall not be | ||
based, in
whole or in part, on evidence that:
| ||
(1) Respondent has cause for any use of force, unless | ||
that cause
satisfies the standards for justifiable use of | ||
force provided by Article
VII of the Criminal Code of 1961;
| ||
(2) Respondent was voluntarily intoxicated;
| ||
(3) Petitioner acted in self-defense or defense of | ||
another, provided
that, if petitioner utilized force, such | ||
force was justifiable under
Article VII of the Criminal | ||
Code of 1961;
| ||
(4) Petitioner did not act in self-defense or defense | ||
of another;
| ||
(5) Petitioner left the residence or household to avoid |
further abuse,
neglect, or exploitation by respondent;
| ||
(6) Petitioner did not leave the residence or household | ||
to avoid further
abuse, neglect, or exploitation by | ||
respondent;
| ||
(7) Conduct by any family or household member excused | ||
the abuse,
neglect, or exploitation by respondent, unless | ||
that same conduct would have
excused such abuse, neglect, | ||
or exploitation if the parties had not been
family or | ||
household members.
| ||
(Source: P.A. 95-234, eff. 1-1-08; 95-773, eff. 1-1-09; 96-701, | ||
eff. 1-1-10; 96-1239, eff. 1-1-11.)
| ||
(750 ILCS 60/223) (from Ch. 40, par. 2312-23)
| ||
(Text of Section before amendment by P.A. 96-1551 )
| ||
Sec. 223. Enforcement of orders of protection.
| ||
(a) When violation is crime. A violation of any order of | ||
protection,
whether issued in a civil or criminal proceeding, | ||
shall be enforced
by a
criminal court when:
| ||
(1) The respondent commits the crime of violation of an | ||
order of
protection pursuant to Section 12-30 of the | ||
Criminal Code of
1961, by
having knowingly violated:
| ||
(i) remedies described in paragraphs (1), (2), | ||
(3), (14),
or (14.5) of
subsection (b) of Section 214 | ||
of this Act; or
| ||
(ii) a remedy, which is substantially similar to | ||
the remedies
authorized under paragraphs (1), (2), |
(3), (14), and (14.5) of subsection (b)
of Section 214 | ||
of this Act, in a valid order of protection which is | ||
authorized
under the laws of another state, tribe, or | ||
United States territory; or
| ||
(iii) any other remedy when the act
constitutes a | ||
crime against the protected parties as defined by the
| ||
Criminal Code of 1961.
| ||
Prosecution for a violation of an order of
protection | ||
shall not bar concurrent prosecution for any other crime,
| ||
including any crime that may have been committed at the | ||
time of the
violation of the order of protection; or
| ||
(2) The respondent commits the crime of child abduction | ||
pursuant
to Section 10-5 of the Criminal Code of 1961, by | ||
having knowingly violated:
| ||
(i) remedies described in paragraphs (5), (6) or | ||
(8) of subsection
(b) of
Section 214 of this Act; or
| ||
(ii) a remedy, which is substantially similar to | ||
the remedies
authorized under paragraphs (5), (6), or | ||
(8) of subsection (b) of Section 214
of this Act, in a | ||
valid order of protection which is authorized under the | ||
laws
of another state, tribe, or United States | ||
territory.
| ||
(b) When violation is contempt of court. A violation of any | ||
valid
Illinois order of protection, 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 where the act or
acts which violated | ||
the order of protection were committed, to the extent
| ||
consistent with the venue provisions of this Act. Nothing in | ||
this Act
shall preclude any Illinois court from enforcing any | ||
valid order of
protection issued in another state. Illinois | ||
courts may enforce orders of
protection through both criminal | ||
prosecution and contempt proceedings,
unless the action which | ||
is second in time is barred by collateral estoppel
or the | ||
constitutional prohibition against double jeopardy.
| ||
(1) In a contempt proceeding where the petition for a | ||
rule to show
cause sets forth facts evidencing an immediate | ||
danger that the
respondent will flee the jurisdiction, | ||
conceal a child, or inflict physical
abuse on the | ||
petitioner or minor children or on dependent adults in
| ||
petitioner's care, the court may order the
attachment of | ||
the respondent without prior service of the rule to show
| ||
cause or the petition for a rule to show cause. Bond shall | ||
be set unless
specifically denied in writing.
| ||
(2) A petition for a rule to show cause for violation | ||
of an order of
protection shall be treated as an expedited | ||
proceeding.
| ||
(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) Violation of custody or support orders. A violation of | ||
remedies
described in paragraphs (5), (6), (8), or (9) of | ||
subsection (b) of Section
214 of this Act may be enforced by | ||
any remedy provided by Section 611 of
the Illinois Marriage and | ||
Dissolution of Marriage Act. The court may
enforce any order | ||
for support issued under paragraph (12) of subsection (b)
of | ||
Section 214 in the manner provided for under Parts V and VII of | ||
the
Illinois Marriage and Dissolution of Marriage Act.
| ||
(d) Actual knowledge. An order of protection 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 210.
| ||
(2) By notice under Section 210.1 or 211.
| ||
(3) By service of an order of protection under Section | ||
222.
| ||
(4) By other means demonstrating actual knowledge of | ||
the contents of the
order.
| ||
(e) The enforcement of an order of protection in civil or | ||
criminal court
shall not be affected by either of the | ||
following:
|
(1) The existence of a separate, correlative order, | ||
entered under Section
215.
| ||
(2) Any finding or order entered in a conjoined | ||
criminal proceeding.
| ||
(f) Circumstances. The court, when determining whether or | ||
not a
violation of an order of protection has occurred, shall | ||
not require
physical manifestations of abuse on the person of | ||
the victim.
| ||
(g) Penalties.
| ||
(1) Except as provided in paragraph (3) of this
| ||
subsection, where the court finds the commission of a crime | ||
or contempt of
court under subsections (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.
| ||
(2) The court shall hear and take into account evidence | ||
of any factors
in aggravation or mitigation before deciding | ||
an appropriate penalty under
paragraph (1) of this | ||
subsection.
| ||
(3) To the extent permitted by law, the court is | ||
encouraged to:
| ||
(i) increase the penalty for the knowing violation | ||
of
any order of protection over any penalty previously | ||
imposed by any court
for respondent's violation of any |
order of protection or penal statute
involving | ||
petitioner as victim and respondent as defendant;
| ||
(ii) impose a minimum penalty of 24 hours | ||
imprisonment for respondent's
first violation of any | ||
order of protection; and
| ||
(iii) impose a minimum penalty of 48 hours | ||
imprisonment for
respondent's second or subsequent | ||
violation of an order of protection
| ||
unless the court explicitly finds that an increased penalty | ||
or that
period of imprisonment would be manifestly unjust.
| ||
(4) In addition to any other penalties imposed for a | ||
violation of an
order of protection, a criminal court may | ||
consider evidence of any
violations of an order of | ||
protection:
| ||
(i) to increase, revoke or modify the bail bond on | ||
an underlying
criminal charge pursuant to Section | ||
110-6 of the Code of Criminal Procedure
of 1963;
| ||
(ii) to revoke or modify an order of probation, | ||
conditional discharge or
supervision, pursuant to | ||
Section 5-6-4 of the Unified Code of Corrections;
| ||
(iii) to revoke or modify a sentence of periodic | ||
imprisonment,
pursuant to Section 5-7-2 of the Unified | ||
Code of Corrections.
| ||
(5) In addition to any other penalties, the court shall | ||
impose an
additional fine of $20 as authorized by Section | ||
5-9-1.11 of the Unified Code of
Corrections upon any person |
convicted of or placed on supervision for a
violation of an | ||
order of protection.
The additional fine shall be imposed | ||
for each violation of this Section.
| ||
(Source: P.A. 95-331, eff. 8-21-07.)
| ||
(Text of Section after amendment by P.A. 96-1551 )
| ||
Sec. 223. Enforcement of orders of protection.
| ||
(a) When violation is crime. A violation of any order of | ||
protection,
whether issued in a civil or criminal proceeding, | ||
shall be enforced
by a
criminal court when:
| ||
(1) The respondent commits the crime of violation of an | ||
order of
protection pursuant to Section 12-3.4 or 12-30 of | ||
the Criminal Code of
1961, by
having knowingly violated:
| ||
(i) remedies described in paragraphs (1), (2), | ||
(3), (14),
or (14.5) of
subsection (b) of Section 214 | ||
of this Act; or
| ||
(ii) a remedy, which is substantially similar to | ||
the remedies
authorized under paragraphs (1), (2), | ||
(3), (14), and (14.5) of subsection (b)
of Section 214 | ||
of this Act, in a valid order of protection which is | ||
authorized
under the laws of another state, tribe, or | ||
United States territory; or
| ||
(iii) any other remedy when the act
constitutes a | ||
crime against the protected parties as defined by the
| ||
Criminal Code of 1961.
| ||
Prosecution for a violation of an order of
protection |
shall not bar concurrent prosecution for any other crime,
| ||
including any crime that may have been committed at the | ||
time of the
violation of the order of protection; or
| ||
(2) The respondent commits the crime of child abduction | ||
pursuant
to Section 10-5 of the Criminal Code of 1961, by | ||
having knowingly violated:
| ||
(i) remedies described in paragraphs (5), (6) or | ||
(8) of subsection
(b) of
Section 214 of this Act; or
| ||
(ii) a remedy, which is substantially similar to | ||
the remedies
authorized under paragraphs (5), (6), or | ||
(8) of subsection (b) of Section 214
of this Act, in a | ||
valid order of protection which is authorized under the | ||
laws
of another state, tribe, or United States | ||
territory.
| ||
(b) When violation is contempt of court. A violation of any | ||
valid
Illinois order of protection, 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 where the act or
acts which violated | ||
the order of protection were committed, to the extent
| ||
consistent with the venue provisions of this Act. Nothing in | ||
this Act
shall preclude any Illinois court from enforcing any | ||
valid order of
protection issued in another state. Illinois | ||
courts may enforce orders of
protection through both criminal | ||
prosecution and contempt proceedings,
unless the action which | ||
is second in time is barred by collateral estoppel
or the |
constitutional prohibition against double jeopardy.
| ||
(1) In a contempt proceeding where the petition for a | ||
rule to show
cause sets forth facts evidencing an immediate | ||
danger that the
respondent will flee the jurisdiction, | ||
conceal a child, or inflict physical
abuse on the | ||
petitioner or minor children or on dependent adults in
| ||
petitioner's care, the court may order the
attachment of | ||
the respondent without prior service of the rule to show
| ||
cause or the petition for a rule to show cause. Bond shall | ||
be set unless
specifically denied in writing.
| ||
(2) A petition for a rule to show cause for violation | ||
of an order of
protection shall be treated as an expedited | ||
proceeding.
| ||
(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) Violation of custody or support orders. A violation of | ||
remedies
described in paragraphs (5), (6), (8), or (9) of | ||
subsection (b) of Section
214 of this Act may be enforced by |
any remedy provided by Section 611 of
the Illinois Marriage and | ||
Dissolution of Marriage Act. The court may
enforce any order | ||
for support issued under paragraph (12) of subsection (b)
of | ||
Section 214 in the manner provided for under Parts V and VII of | ||
the
Illinois Marriage and Dissolution of Marriage Act.
| ||
(d) Actual knowledge. An order of protection 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 210.
| ||
(2) By notice under Section 210.1 or 211.
| ||
(3) By service of an order of protection under Section | ||
222.
| ||
(4) By other means demonstrating actual knowledge of | ||
the contents of the
order.
| ||
(e) The enforcement of an order of protection in civil or | ||
criminal court
shall not be affected by either of the | ||
following:
| ||
(1) The existence of a separate, correlative order, | ||
entered under Section
215.
| ||
(2) Any finding or order entered in a conjoined | ||
criminal proceeding.
| ||
(f) Circumstances. The court, when determining whether or | ||
not a
violation of an order of protection has occurred, shall | ||
not require
physical manifestations of abuse on the person of | ||
the victim.
|
(g) Penalties.
| ||
(1) Except as provided in paragraph (3) of this
| ||
subsection, where the court finds the commission of a crime | ||
or contempt of
court under subsections (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.
| ||
(2) The court shall hear and take into account evidence | ||
of any factors
in aggravation or mitigation before deciding | ||
an appropriate penalty under
paragraph (1) of this | ||
subsection.
| ||
(3) To the extent permitted by law, the court is | ||
encouraged to:
| ||
(i) increase the penalty for the knowing violation | ||
of
any order of protection over any penalty previously | ||
imposed by any court
for respondent's violation of any | ||
order of protection or penal statute
involving | ||
petitioner as victim and respondent as defendant;
| ||
(ii) impose a minimum penalty of 24 hours | ||
imprisonment for respondent's
first violation of any | ||
order of protection; and
| ||
(iii) impose a minimum penalty of 48 hours | ||
imprisonment for
respondent's second or subsequent | ||
violation of an order of protection
|
unless the court explicitly finds that an increased penalty | ||
or that
period of imprisonment would be manifestly unjust.
| ||
(4) In addition to any other penalties imposed for a | ||
violation of an
order of protection, a criminal court may | ||
consider evidence of any
violations of an order of | ||
protection:
| ||
(i) to increase, revoke or modify the bail bond on | ||
an underlying
criminal charge pursuant to Section | ||
110-6 of the Code of Criminal Procedure
of 1963;
| ||
(ii) to revoke or modify an order of probation, | ||
conditional discharge or
supervision, pursuant to | ||
Section 5-6-4 of the Unified Code of Corrections;
| ||
(iii) to revoke or modify a sentence of periodic | ||
imprisonment,
pursuant to Section 5-7-2 of the Unified | ||
Code of Corrections.
| ||
(5) In addition to any other penalties, the court shall | ||
impose an
additional fine of $20 as authorized by Section | ||
5-9-1.11 of the Unified Code of
Corrections upon any person | ||
convicted of or placed on supervision for a
violation of an | ||
order of protection.
The additional fine shall be imposed | ||
for each violation of this Section.
| ||
(Source: P.A. 95-331, eff. 8-21-07; 96-1551, eff. 7-1-11.)
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