|
item (2) of subsection (a) of this Section, dismissal of the |
conjoined case (or a finding of not guilty) shall not require |
dismissal of the action for a stalking no contact order; |
instead, it may be treated as an independent action and, if |
necessary and appropriate, transferred to a different court or |
division. |
(c) No fee shall be charged by the clerk of the court for |
filing petitions or modifying or certifying orders. No fee |
shall be charged by the sheriff for service by the sheriff of a |
petition, rule, motion, or order in an action commenced under |
this Section. |
(d) The court shall provide, through the office of the |
clerk of the court, simplified forms for filing of a petition |
under this Section by any person not represented by counsel.
|
(Source: P.A. 100-199, eff. 1-1-18.)
|
(740 ILCS 21/95)
|
Sec. 95. Emergency stalking no contact order. |
(a) An emergency stalking 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 50; |
(2) the requirements of Section 80 are satisfied; and |
(3) there is good cause to grant the remedy, regardless |
of prior service of process or of notice upon the |
respondent, because the harm which that remedy is intended |
|
to prevent would be likely to occur if the respondent were |
given any prior notice, or greater notice than was actually |
given, of the petitioner's efforts to obtain judicial |
relief. |
An emergency stalking 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 stalking by the respondent and to |
support the granting of relief under the issuance of the |
stalking no contact order. |
An emergency stalking no contact order shall be issued if |
the court finds that items (1), (2), and (3) of this subsection |
(a) are met. |
(a-5) When a petition for an emergency stalking no contact |
order is granted, the order shall not be publicly available |
until the order is served on the respondent. |
(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 |
100 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 stalking 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 stalking 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 60. Filing the petition |
shall commence proceedings for further relief under |
Section 20. Failure to comply with the requirements of this |
paragraph (3) does not affect the validity of the order.
|
(Source: P.A. 96-246, eff. 1-1-10.)
|
Section 10. The Civil No Contact Order Act is amended by |
changing Sections 202 and 213 as follows:
|
|
(740 ILCS 22/202)
|
Sec. 202. Commencement of action; filing fees.
|
(a) An action for a civil no contact order is commenced:
|
(1) independently, by filing a petition for a civil no |
contact order in any civil court,
unless specific courts |
are designated by local rule or order; or
|
(2) in conjunction with a
delinquency
petition or a |
criminal prosecution as provided in Article 112A of the |
Code of Criminal Procedure of 1963.
|
(a-5) When a petition for a civil no contact order is |
filed, the petition shall not be publicly available until the |
petition is served on the respondent. |
(b) Withdrawal or dismissal of any petition for a
civil no |
contact order
prior to adjudication where the petitioner is |
represented by the State shall
operate as a dismissal without |
prejudice. No action for a civil no contact
order shall be |
dismissed because the respondent is being prosecuted for a |
crime
against the petitioner. For any action commenced under |
item (2) of subsection
(a) of
this Section, dismissal of the |
conjoined case (or a finding of not guilty)
shall not require |
dismissal of the action for a civil no contact order;
instead, |
it may be treated as an independent action and, if necessary |
and
appropriate, transferred to a different court or division.
|
(c) No fee shall be
charged by the clerk of the court for |
filing petitions or modifying or
certifying orders. No
fee
|
shall be charged by the sheriff for service by the sheriff of a
|
|
petition, rule, motion, or order in an action commenced under |
this
Section.
|
(d) The court shall provide, through the office
of the |
clerk of the court, simplified forms for filing of a petition |
under this Section by any
person not represented by counsel.
|
(Source: P.A. 100-199, eff. 1-1-18.)
|
(740 ILCS 22/213)
|
Sec. 213. Civil no contact order; remedies.
|
(a) If the court finds that the petitioner has been a |
victim of
non-consensual sexual conduct or non-consensual |
sexual penetration, a civil no
contact order shall issue; |
provided that the petitioner must also satisfy the
requirements |
of Section
214 on emergency orders or Section 215 on plenary |
orders. The petitioner
shall not be denied a civil no contact |
order because the petitioner or the
respondent is a minor. The |
court, when
determining whether or not to issue a civil no |
contact order, may not
require physical injury on the person of |
the victim.
Modification and extension of prior civil no |
contact orders shall be in
accordance with this Act.
|
(a-5) When a petition for a civil no contact order is |
granted, the order shall not be publicly available until the |
order is served on the respondent. |
(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 the severity of the act, any continuing |
physical danger or emotional distress to the petitioner, the |
educational rights guaranteed to the petitioner and respondent |
under federal and State law, the availability of a transfer of |
the respondent to another school, a change of placement or a |
change of program of the respondent, the expense, difficulty, |
|
and educational disruption that would be caused by a transfer |
of the respondent to another school, and any other relevant |
facts of the case. The court may order that the respondent not |
attend the public, private, or non-public elementary, middle, |
or high school attended by the petitioner, order that the |
respondent accept a change of placement or program, as |
determined by the school district or private or non-public |
school, or place restrictions on the respondent's movements |
within the school attended by the petitioner.
The respondent |
bears the burden of proving by a preponderance of the evidence |
that a transfer, change of placement, or change of program of |
the respondent is not available. The respondent also bears the |
burden of production with respect to the expense, difficulty, |
and educational disruption that would be caused by a transfer |
of the respondent to another school. A transfer, change of |
placement, or change of program is not unavailable to the |
respondent solely on the ground that the respondent does not |
agree with the school district's or private or non-public |
school's transfer, change of placement, or change of program or |
solely on the ground that the respondent fails or refuses to |
consent to or otherwise does not take an action required to |
effectuate a transfer, change of placement, or change of |
program.
When a court orders a respondent to stay away from the |
public, private, or non-public school attended by the |
petitioner and the respondent requests a transfer to another |
attendance center within the respondent's school district or |
|
private or non-public school, the school district or private or |
non-public school shall have sole discretion to determine the |
attendance center to which the respondent is transferred.
In |
the event the court order results in a transfer of the minor |
respondent to another attendance center, a change in the |
respondent's placement, or a change of the respondent's |
program, the parents, guardian, or legal custodian of the |
respondent is responsible for transportation and other costs |
associated with the transfer or change. |
(b-7) The court may order the parents, guardian, or legal |
custodian of a minor respondent to take certain actions or to |
refrain from taking certain actions to ensure that the |
respondent complies with the order. In the event the court |
orders a transfer of the respondent to another school, the |
parents or legal guardians of the respondent are responsible |
for transportation and other costs associated with the change |
of school by the respondent. |
(c) Denial of a remedy may not be based, in whole or in |
part, on
evidence that:
|
(1) the respondent has cause for any use of force, |
unless that
cause satisfies the standards for justifiable |
use of force provided
by Article 7 of the Criminal Code of |
2012;
|
(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 7 of the Criminal |
Code of 2012;
|
(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; 97-294, eff. 1-1-12; |
97-1150, eff. 1-25-13.)
|
Section 15. The Illinois Domestic Violence Act of 1986 is |
amended by changing Sections 202 and 217 as follows:
|
(750 ILCS 60/202) (from Ch. 40, par. 2312-2)
|
Sec. 202. Commencement of action; filing fees; dismissal.
|
(a) How to commence action. Actions for orders of |
protection are commenced:
|
(1) Independently: By filing a petition for an order of |
protection in
any civil court, unless specific courts are |
designated by local rule or order.
|
(2) In conjunction with another civil proceeding: By
|
filing a petition for an order of protection under the same |
|
case number
as another civil proceeding involving the |
parties, including but not
limited to: (i) any proceeding |
under the Illinois Marriage and Dissolution of
Marriage |
Act, Illinois Parentage Act of 2015, Nonsupport of Spouse |
and
Children Act, Revised Uniform Reciprocal Enforcement |
of Support Act or an
action for nonsupport brought under |
Article X of the
Illinois Public Aid
Code, provided that a |
petitioner and
the respondent are a party to or the subject |
of that proceeding or (ii) a
guardianship proceeding under |
the Probate Act of
1975, or a proceeding for involuntary
|
commitment under the Mental Health and Developmental |
Disabilities Code, or
any proceeding, other than a |
delinquency petition, under the Juvenile Court
Act of 1987, |
provided that a petitioner or the
respondent is a party to |
or the subject of such proceeding.
|
(3) In conjunction with a delinquency petition or a
|
criminal prosecution as provided in Section 112A-20 of the |
Code of Criminal Procedure of 1963.
|
(a-5) When a petition for an emergency order of protection |
is filed, the petition shall not be publicly available until |
the petition is served on the respondent. |
(b) Filing, certification, and service fees. No fee shall |
be charged
by the clerk for filing, amending, vacating, |
certifying, or photocopying
petitions or orders; or for issuing |
alias summons; or for any
related filing service. No
fee shall |
be charged by the sheriff for service by the sheriff of a
|
|
petition,
rule, motion, or order in an action commenced under |
this Section.
|
(c) Dismissal and consolidation. Withdrawal or dismissal |
of any
petition for an order of protection prior to |
adjudication where the
petitioner is represented by the State |
shall operate as a dismissal without
prejudice. No action for |
an order of protection shall be dismissed because
the |
respondent is being prosecuted for a crime against the |
petitioner. An
independent action may be consolidated with |
another civil proceeding, as
provided by paragraph (2) of |
subsection (a) of this Section. For any
action commenced under |
paragraph (2) or (3) of subsection (a) of this Section,
|
dismissal of the conjoined case (or a finding of not guilty) |
shall not
require dismissal of the action
for the order of |
protection; instead, it may be treated as an
independent action |
and, if necessary and appropriate, transferred to a
different |
court or division. Dismissal of any conjoined case shall not |
affect
the
validity of any previously issued order of |
protection, and thereafter
subsections (b)(1) and (b)(2) of |
Section 220 shall be inapplicable to
such order.
|
(d) Pro se petitions. The court shall provide, through the |
office of
the clerk of the court, simplified forms and clerical |
assistance to help
with the writing and filing of a petition |
under this Section by any person
not represented by counsel. In |
addition, that assistance may be provided
by the state's |
attorney.
|
|
(e)
As provided in this subsection, the administrative |
director of the Administrative Office of the Illinois Courts, |
with the approval of the administrative board of the courts, |
may adopt rules to establish and implement a pilot program to |
allow the electronic filing of petitions for temporary orders |
of protection and the issuance of such orders by audio-visual |
means to accommodate litigants for whom attendance in court to |
file for and obtain emergency relief would constitute an undue |
hardship or would constitute a risk of harm to the litigant. |
(1) As used in this subsection: |
(A) "Electronic means" means any method of |
transmission of information between computers or other |
machines designed for the purpose of sending or |
receiving electronic transmission and that allows for |
the recipient of information to reproduce the |
information received in a tangible medium of |
expression. |
(B) "Independent audio-visual system" means an |
electronic system for the transmission and receiving |
of audio and visual signals, including those with the |
means to preclude the unauthorized reception and |
decoding of the signals by commercially available |
television receivers, channel converters, or other |
available receiving devices. |
(C) "Electronic appearance" means an appearance in |
which one or more of the parties are not present in the |
|
court, but in which, by means of an independent |
audio-visual system, all of the participants are |
simultaneously able to see and hear reproductions of |
the voices and images of the judge, counsel, parties, |
witnesses, and any other participants. |
(2) Any pilot program under this subsection (e) shall |
be developed by the administrative director or his or her |
delegate in consultation with at least one local |
organization providing assistance to domestic violence |
victims. The program plan shall include but not be limited |
to: |
(A) identification of agencies equipped with or |
that have access to an independent audio-visual system |
and electronic means for filing documents; and |
(B) identification of one or more organizations |
who are trained and available to assist petitioners in |
preparing and filing petitions for temporary orders of |
protection and in their electronic appearances before |
the court to obtain such orders; and |
(C) identification of the existing resources |
available in local family courts for the |
implementation and oversight of the pilot program; and |
(D) procedures for filing petitions and documents |
by electronic means, swearing in the petitioners and |
witnesses, preparation of a transcript of testimony |
and evidence presented, and a prompt transmission of |
|
any orders issued to the parties; and |
(E) a timeline for implementation and a plan for |
informing the public about the availability of the |
program; and |
(F) a description of the data to be collected in |
order to evaluate and make recommendations for |
improvements to the pilot program. |
(3) In conjunction with an electronic appearance, any |
petitioner for an ex parte temporary order of protection |
may, using the assistance of a trained advocate if |
necessary, commence the proceedings by filing a petition by |
electronic means. |
(A) A petitioner who is seeking an ex parte |
temporary order of protection using an electronic |
appearance must file a petition in advance of the |
appearance and may do so electronically. |
(B) The petitioner must show that traveling to or |
appearing in court would constitute an undue hardship |
or create a risk of harm to the petitioner. In granting |
or denying any relief sought by the petitioner, the |
court shall state the names of all participants and |
whether it is granting or denying an appearance by |
electronic means and the basis for such a |
determination. A party is not required to file a |
petition or other document by electronic means or to |
testify by means of an electronic appearance. |
|
(C) Nothing in this subsection (e) affects or |
changes any existing laws governing the service of |
process, including requirements for personal service |
or the sealing and confidentiality of court records in |
court proceedings or access to court records by the |
parties to the proceedings. |
(4) Appearances. |
(A) All electronic appearances by a petitioner |
seeking an ex parte temporary order of protection under |
this subsection (e) are strictly voluntary and the |
court shall obtain the consent of the petitioner on the |
record at the commencement of each appearance. |
(B) Electronic appearances under this subsection |
(e) shall be recorded and preserved for transcription. |
Documentary evidence, if any, referred to by a party or |
witness or the court may be transmitted and submitted |
and introduced by electronic means. |
(Source: P.A. 99-718, eff. 1-1-17; 100-199, eff. 1-1-18; |
100-201, eff. 8-18-17.)
|
(750 ILCS 60/217) (from Ch. 40, par. 2312-17)
|
Sec. 217. Emergency order of protection.
|
(a) Prerequisites. An emergency order of protection shall |
issue if
petitioner satisfies the requirements of this |
subsection for one or more of the
requested remedies. For each |
remedy requested, petitioner shall establish
that:
|
|
(1) The court has jurisdiction under Section 208;
|
(2) The requirements of Section 214 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:
|
(i) For
the remedies of "prohibition of abuse" |
described in
Section 214(b)(1), "stay away order and |
additional prohibitions" described in
Section
|
214(b)(3), "removal or concealment of minor child" |
described in Section
214(b)(8), "order to appear" |
described in Section 214(b)(9), "physical
care and |
possession of the minor child" described in Section |
214(b)(5),
"protection of property" described in |
Section 214(b)(11), "prohibition
of entry" described |
in Section 214(b)(14), "prohibition of firearm |
possession" described in Section 214(b)(14.5), |
"prohibition of access to
records" described in |
Section 214(b)(15), and "injunctive relief"
described |
in Section 214(b)(16), the harm which that remedy
is |
intended to prevent would be likely to occur if the |
respondent were given
any prior notice, or greater |
notice than was actually given, of the
petitioner's |
efforts to obtain judicial relief;
|
(ii) For the remedy of "grant of exclusive |
possession of
residence" described in Section |
214(b)(2), the immediate danger of further
abuse of |
|
petitioner by respondent,
if petitioner chooses or had |
chosen to remain in the residence or household
while |
respondent was given any prior notice or greater notice |
than was
actually given of petitioner's efforts to |
obtain judicial relief,
outweighs the hardships to |
respondent of an emergency order
granting petitioner |
exclusive possession of the residence or household.
|
This remedy shall not be denied because petitioner has |
or could obtain
temporary shelter elsewhere while |
prior notice is given to respondent, unless
the
|
hardships to respondent from exclusion from the home |
substantially outweigh
those to petitioner;
|
(iii) For the remedy of "possession of personal |
property"
described in
Section 214(b)(10), improper |
disposition of the personal
property would be likely
to |
occur if respondent were given any prior notice, or |
greater notice than
was actually given, of |
petitioner's efforts to obtain judicial relief, or
|
petitioner has an immediate and pressing need for |
possession of that property.
|
An emergency order may not include the counseling, legal |
custody, payment
of support or monetary compensation remedies.
|
(a-5) When a petition for an emergency order of protection |
is granted, the order shall not be publicly available until the |
order is served on the respondent. |
(b) Appearance by respondent.
If 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 218 have been met, the court may issue |
a 30-day interim order.
|
(c) Emergency orders: court holidays and evenings.
|
(1) Prerequisites. 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 to petitioner and that petitioner has |
satisfied the
prerequisites set forth in subsection (a) of |
Section 217, that judge may
issue an emergency order of |
protection.
|
(1.5) Issuance of order. 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
order |
of protection at all times, whether or not the court is in |
session.
|
(2) Certification and transfer. The judge who issued |
the order under this Section shall promptly communicate or |
convey the order to the sheriff to facilitate the entry of |
the order into the Law Enforcement Agencies Data System by |
|
the Department of State Police pursuant to Section 302. Any |
order issued under this Section and
any documentation in |
support thereof 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 subsection |
shall not
affect the validity of the order.
|
(Source: P.A. 96-701, eff. 1-1-10; 96-1241, eff. 1-1-11.)
|