|
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.
|
(Source: P.A. 96-246, eff. 1-1-10.)
|
Section 10. The Civil No Contact Order Act is amended by |
changing Sections 213 and 220 as follows:
|
(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.
|
(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; |
(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:
|
(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;
|
(2) the respondent was voluntarily intoxicated;
|
(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;
|
(4) the petitioner did not act in self-defense or |
defense of
another;
|
(5) the petitioner left the residence or household to |
avoid
further non-consensual sexual conduct or |
non-consensual sexual penetration
by the respondent; or
|
(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.
|
(d) Monetary damages are not recoverable as a remedy.
|
(Source: P.A. 96-311, eff. 1-1-10.)
|
(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.
|
(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:
|
(750 ILCS 60/214) (from Ch. 40, par. 2312-14)
|
Sec. 214. Order of protection; remedies.
|
(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
|
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
|
on the person of the victim. Modification and extension of |
prior
orders of protection shall be in accordance with this |
Act.
|
|
(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.
|
(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.
|
(2) Grant of exclusive possession of residence. |
Prohibit respondent from
entering or remaining in any |
residence, household, or premises of the petitioner,
|
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.
|
(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
|
violence shelter). Standards set forth in subparagraph |
(B) shall not preclude
equitable relief.
|
(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
|
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.
|
Hardships need not be balanced if respondent does not |
have a right to
occupancy.
|
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.
|
(3) Stay away order and additional prohibitions.
Order |
respondent to stay away from petitioner or any other person
|
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.
|
(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.)
|