Illinois General Assembly - Full Text of Public Act 094-0360
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Public Act 094-0360




Public Act 094-0360
HB0617 Enrolled LRB094 03491 LCB 33494 b

    AN ACT concerning civil liabilities.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Civil No Contact Order Act is amended by
changing Sections 213, 214, and 216 as follows:
    (740 ILCS 22/213)
    Sec. 213. Civil no contact order; remedies remedy.
    (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) A civil no contact order shall order one or more of the
        (1) order the respondent to stay away from the
    petitioner; or
        (2) other injunctive relief necessary or appropriate.
    (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. 93-236, eff. 1-1-04; 93-811, eff. 1-1-05.)
    (740 ILCS 22/214)
    Sec. 214. Emergency civil no contact order.
    (a) An emergency civil no contact order shall issue if the
petitioner satisfies the requirements of this subsection (a).
The petitioner shall establish that:
        (1) the court has jurisdiction under Section 206;
        (2) the requirements of Section 213 are satisfied; and
        (3) there is good cause to grant the remedy, regardless
    of prior service of process or of notice upon the
    respondent, because the harm which that remedy is intended
    to prevent would be likely to occur if the respondent were
    given any prior notice, or greater notice than was actually
    given, of the petitioner's efforts to obtain judicial
    An emergency civil no contact order shall be issued by the
court if it appears from the contents of the petition and the
examination of the petitioner that the averments are sufficient
to indicate nonconsensual sexual conduct or nonconsensual
sexual penetration by the respondent and to support the
granting of relief under the issuance of the civil no contact
    An emergency civil no contact order shall be issued if the
court finds that subsections (1), (2), and (3) above are met.
    (b) If the respondent appears in court for this hearing for
an emergency order, he or she may elect to file a general
appearance and testify. Any resulting order may be an emergency
order, governed by this Section. Notwithstanding the
requirements of this Section, if all requirements of Section
215 have been met, the court may issue a plenary order.
    (c) Emergency orders; court holidays and evenings.
        (1) When the court is unavailable at the close of
    business, the petitioner may file a petition for a 21-day
    emergency order before any available circuit judge or
    associate judge who may grant relief under this Act. If the
    judge finds that there is an immediate and present danger
    of abuse against the petitioner and that the petitioner has
    satisfied the prerequisites set forth in subsection (a),
    that judge may issue an emergency civil no contact order.
        (2) The chief judge of the circuit court may designate
    for each county in the circuit at least one judge to be
    reasonably available to issue orally, by telephone, by
    facsimile, or otherwise, an emergency civil no contact
    order at all times, whether or not the court is in session.
        (3) Any order issued under this Section and any
    documentation in support of the order shall be certified on
    the next court day to the appropriate court. The clerk of
    that court shall immediately assign a case number, file the
    petition, order, and other documents with the court, and
    enter the order of record and file it with the sheriff for
    service, in accordance with Section 222. Filing the
    petition shall commence proceedings for further relief
    under Section 202. Failure to comply with the requirements
    of this paragraph (3) does not affect the validity of the
(Source: P.A. 93-236, eff. 1-1-04; 93-811, eff. 1-1-05.)
    (740 ILCS 22/216)
    Sec. 216. Duration and extension of orders.
    (a) Unless re-opened or extended or voided by entry of an
order of greater duration, an emergency order shall be
effective for not less than 14 nor more than 21 days.
    (b) Except as otherwise provided in this Section, a plenary
civil no contact order shall be effective for a fixed period of
time, not to exceed 2 years. A plenary civil no contact order
entered in conjunction with a criminal prosecution shall remain
in effect as follows:
        (1) if entered during pre-trial release, until
    disposition, withdrawal, or dismissal of the underlying
    charge; if however, the case is continued as an independent
    cause of action, the order's duration may be for a fixed
    period of time not to exceed 2 years;
        (2) if in effect in conjunction with a bond forfeiture
    warrant, until final disposition or an additional period of
    time not exceeding 2 years; no civil no contact order order
    of protection, however, shall be terminated by a dismissal
    that is accompanied by the issuance of a bond forfeiture
        (3) until expiration of any supervision, conditional
    discharge, probation, periodic imprisonment, parole, or
    mandatory supervised release and for an additional period
    of time thereafter not exceeding 2 years; or
        (4) until the date set by the court for expiration of
    any sentence of imprisonment and subsequent parole or
    mandatory supervised release and for an additional period
    of time thereafter not exceeding 2 years.
    (c) Any emergency or plenary order may be extended one or
more times, as required, provided that the requirements of
Section 214 or 215, as appropriate, are satisfied. If the
motion for extension is uncontested and the petitioner seeks no
modification of the order, the order may be extended on the
basis of the petitioner's motion or affidavit stating that
there has been no material change in relevant circumstances
since entry of the order and stating the reason for the
requested extension. Extensions may be granted only in open
court and not under the provisions of subsection (c) of Section
214, which applies only when the court is unavailable at the
close of business or on a court holiday.
    (d) Any civil no contact order which would expire on a
court holiday shall instead expire at the close of the next
court business day.
    (e) The practice of dismissing or suspending a criminal
prosecution in exchange for the issuance of a civil no contact
order undermines the purposes of this Act. This Section shall
not be construed as encouraging that practice.
(Source: P.A. 93-236, eff. 1-1-04.)

Effective Date: 1/1/2006