Bill Text: IL HB3718 | 2017-2018 | 100th General Assembly | Chaptered

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Bill Title: Amends the Code of Criminal Procedure of 1963. Revises and consolidates provisions regarding obtaining and issuing orders of protection, protective orders, and no contact orders. Repeals various provisions in the domestic violence order of protection provisions as part of the revision and consolidation. Creates a criminal offense for violation of a civil no contact order and for violation of a stalking no contact order. Makes a first violation a Class A misdemeanor and a second or subsequent a Class 4 felony. Makes conforming changes.

Spectrum: Moderate Partisan Bill (Democrat 11-2)

Status: (Passed) 2017-08-18 - Public Act . . . . . . . . . 100-0199 [HB3718 Detail]

Download: Illinois-2017-HB3718-Chaptered.html

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Public Act 100-0199
HB3718 Enrolled LRB100 08059 MRW 18144 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 3. The Criminal Code of 2012 is amended by adding
Sections 12-3.8 and 12-3.9 as follows:
(720 ILCS 5/12-3.8 new)
Sec. 12-3.8. Violation of a civil no contact order.
(a) A person commits violation of a civil no contact order
if:
(1) he or she knowingly commits an act which was
prohibited by a court or fails to commit an act which was
ordered in violation of:
(A) a remedy of a valid civil no contact order
authorized under Section 213 of the Civil No Contact
Order Act or Section 112A-14.5 of the Code of Criminal
Procedure of 1963; or
(B) a remedy, which is substantially similar to the
remedies authorized under Section 213 of the Civil No
Contact Order Act or Section 112A-14.5 of the Code of
Criminal Procedure of 1963, or in a valid civil no
contact order, which is authorized under the laws of
another state, tribe, or United States territory; and
(2) the violation occurs after the offender has been

served notice of the contents of the order under the Civil
No Contact Order Act, Article 112A of the Code of Criminal
Procedure of 1963, or any substantially similar statute of
another state, tribe, or United States territory, or
otherwise has acquired actual knowledge of the contents of
the order.
A civil no contact order issued by a state, tribal, or
territorial court shall be deemed valid if the issuing
court had jurisdiction over the parties and matter under
the law of the state, tribe, or territory. There shall be a
presumption of validity when an order is certified and
appears authentic on its face.
(a-3) For purposes of this Section, a "civil no contact
order" may have been issued in a criminal or civil proceeding.
(a-5) Failure to provide reasonable notice and opportunity
to be heard shall be an affirmative defense to any charge or
process filed seeking enforcement of a foreign civil no contact
order.
(b) 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.
(c) Nothing in this Section shall be construed to diminish
the inherent authority of the courts to enforce their lawful
orders through civil or criminal contempt proceedings.
(d) A defendant who directed the actions of a third party

to violate this Section, under the principles of accountability
set forth in Article 5 of this Code, is guilty of violating
this Section as if the same had been personally done by the
defendant, without regard to the mental state of the third
party acting at the direction of the defendant.
(e) Sentence. A violation of a civil no contact order is a
Class A misdemeanor for a first violation, and a Class 4 felony
for a second or subsequent violation.
(720 ILCS 5/12-3.9 new)
Sec. 12-3.9. Violation of a stalking no contact order.
(a) A person commits violation of a stalking no contact
order if:
(1) he or she knowingly commits an act which was
prohibited by a court or fails to commit an act which was
ordered by a court in violation of:
(A) a remedy in a valid stalking no contact order
of protection authorized under Section 80 of the
Stalking No Contact Order Act or Section 112A-14.7 of
the Code of Criminal Procedure of 1963; or
(B) a remedy, which is substantially similar to the
remedies authorized under Section 80 of the Stalking No
Contact Order Act or Section 112A-14.7 of the Code of
Criminal Procedure of 1963, or in a valid stalking no
contact order, which is authorized under the laws of
another state, tribe, or United States territory; and

(2) the violation occurs after the offender has been
served notice of the contents of the order, under the
Stalking No Contact Order Act, Article 112A of the Code of
Criminal Procedure of 1963, or any substantially similar
statute of another state, tribe, or United States
territory, or otherwise has acquired actual knowledge of
the contents of the order.
A stalking no contact order issued by a state, tribal,
or territorial court shall be deemed valid if the issuing
court had jurisdiction over the parties and matter under
the law of the state, tribe, or territory. There shall be a
presumption of validity when an order is certified and
appears authentic on its face.
(a-3) For purposes of this Section, a "stalking no contact
order" may have been issued in a criminal or civil proceeding.
(a-5) Failure to provide reasonable notice and opportunity
to be heard shall be an affirmative defense to any charge or
process filed seeking enforcement of a foreign stalking no
contact order.
(b) Prosecution for a violation of a stalking 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.
(c) Nothing in this Section shall be construed to diminish
the inherent authority of the courts to enforce their lawful
orders through civil or criminal contempt proceedings.

(d) A defendant who directed the actions of a third party
to violate this Section, under the principles of accountability
set forth in Article 5 of this Code, is guilty of violating
this Section as if the same had been personally done by the
defendant, without regard to the mental state of the third
party acting at the direction of the defendant.
(e) Sentence. A violation of a stalking no contact order is
a Class A misdemeanor for a first violation, and a Class 4
felony for a second or subsequent violation.
Section 5. The Code of Criminal Procedure of 1963 is
amended by changing the heading of Article 112A and by changing
Sections 112A-3, 112A-4, 112A-5, 112A-12, 112A-14, 112A-15,
112A-20, 112A-21, 112A-22, 112A-23, 112A-24, 112A-25, 112A-26,
112A-28, and 112A-30 and by adding Sections 112A-1.5, 112A-2.5,
112A-4.5, 112A-5.5, 112A-11.5, 112A-14.5, 112A-14.7,
112A-21.5, 112A-21.7, and 112A-22.3 as follows:
(725 ILCS 5/Art. 112A heading)
ARTICLE 112A. PROTECTIVE ORDERS DOMESTIC VIOLENCE: ORDER OF
PROTECTION
(725 ILCS 5/112A-1.5 new)
Sec. 112A-1.5. Purpose. The purpose of this Article is to
protect the safety of victims of domestic violence, sexual
assault, sexual abuse, and stalking and the safety of their

family and household members; and to minimize the trauma and
inconvenience associated with attending separate and multiple
civil court proceedings to obtain protective orders. This
Article shall be interpreted in accordance with the purposes
set forth in Section 2 of the Rights of Crime Victims and
Witnesses Act.
(725 ILCS 5/112A-2.5 new)
Sec. 112A-2.5. Types of protective orders. The following
protective orders may be entered in conjunction with a
delinquency petition or a criminal prosecution:
(1) an order of protection in cases involving domestic
violence;
(2) a civil no contact order in cases involving sexual
offenses; or
(3) a stalking no contact order in cases involving
stalking offenses.
(725 ILCS 5/112A-3) (from Ch. 38, par. 112A-3)
Sec. 112A-3. Definitions.
(a) For the purposes of this Article, "protective order"
means a domestic violence order of protection, a civil no
contact order, or a stalking no contact order. the following
terms shall have the following meanings:
(b) For the purposes of domestic violence cases, the
following terms shall have the following meanings in this

Article:
(1) "Abuse" means physical abuse, harassment,
intimidation of a dependent, interference with personal
liberty or willful deprivation but does not include
reasonable direction of a minor child by a parent or person
in loco parentis.
(2) "Domestic violence" means abuse as described in
paragraph (1).
(3) "Family or household members" include spouses,
former spouses, parents, children, stepchildren and other
persons related by blood or by present or prior marriage,
persons who share or formerly shared a common dwelling,
persons who have or allegedly have a child in common,
persons who share or allegedly share a blood relationship
through a child, persons who have or have had a dating or
engagement relationship, persons with disabilities and
their personal assistants, and caregivers as defined in
subsection (e) of Section 12-4.4a of the Criminal Code of
2012. For purposes of this paragraph, neither a casual
acquaintanceship nor ordinary fraternization between 2
individuals in business or social contexts shall be deemed
to constitute a dating relationship.
(4) "Harassment" means knowing conduct which is not
necessary to accomplish a purpose which is reasonable under
the circumstances; would cause a reasonable person
emotional distress; and does cause emotional distress to

the petitioner. Unless the presumption is rebutted by a
preponderance of the evidence, the following types of
conduct shall be presumed to cause emotional distress:
(i) creating a disturbance at petitioner's place
of employment or school;
(ii) repeatedly telephoning petitioner's place of
employment, home or residence;
(iii) repeatedly following petitioner about in a
public place or places;
(iv) repeatedly keeping petitioner under
surveillance by remaining present outside his or her
home, school, place of employment, vehicle or other
place occupied by petitioner or by peering in
petitioner's windows;
(v) improperly concealing a minor child from
petitioner, repeatedly threatening to improperly
remove a minor child of petitioner's from the
jurisdiction or from the physical care of petitioner,
repeatedly threatening to conceal a minor child from
petitioner, or making a single such threat following an
actual or attempted improper removal or concealment,
unless respondent was fleeing from an incident or
pattern of domestic violence; or
(vi) threatening physical force, confinement or
restraint on one or more occasions.
(5) "Interference with personal liberty" means

committing or threatening physical abuse, harassment,
intimidation or willful deprivation so as to compel another
to engage in conduct from which she or he has a right to
abstain or to refrain from conduct in which she or he has a
right to engage.
(6) "Intimidation of a dependent" means subjecting a
person who is dependent because of age, health or
disability to participation in or the witnessing of:
physical force against another or physical confinement or
restraint of another which constitutes physical abuse as
defined in this Article, regardless of whether the abused
person is a family or household member.
(7) "Order of protection" means an emergency order,
interim order or plenary order, granted pursuant to this
Article, which includes any or all of the remedies
authorized by Section 112A-14 of this Code.
(8) "Petitioner" may mean not only any named petitioner
for the order of protection and any named victim of abuse
on whose behalf the petition is brought, but also any other
person protected by this Article.
(9) "Physical abuse" includes sexual abuse and means
any of the following:
(i) knowing or reckless use of physical force,
confinement or restraint;
(ii) knowing, repeated and unnecessary sleep
deprivation; or

(iii) knowing or reckless conduct which creates an
immediate risk of physical harm.
(9.3) "Respondent" in a petition for an order of
protection means the defendant.
(9.5) "Stay away" means for the respondent to refrain
from both physical presence and nonphysical contact with
the petitioner whether direct, indirect (including, but
not limited to, telephone calls, mail, email, faxes, and
written notes), or through third parties who may or may not
know about the order of protection.
(10) "Willful deprivation" means wilfully denying a
person who because of age, health or disability requires
medication, medical care, shelter, accessible shelter or
services, food, therapeutic device, or other physical
assistance, and thereby exposing that person to the risk of
physical, mental or emotional harm, except with regard to
medical care and treatment when such dependent person has
expressed the intent to forgo such medical care or
treatment. This paragraph does not create any new
affirmative duty to provide support to dependent persons.
(c) For the purposes of cases involving sexual offenses,
the following terms shall have the following meanings in this
Article:
(1) "Civil no contact order" means an order granted
under this Article, which includes a remedy authorized by
Section 112A-14.5 of this Code.

(2) "Family or household members" include spouses,
parents, children, stepchildren, and persons who share a
common dwelling.
(3) "Non-consensual" means a lack of freely given
agreement.
(4) "Petitioner" means not only any named petitioner
for the civil no contact order and any named victim of
non-consensual sexual conduct or non-consensual sexual
penetration on whose behalf the petition is brought, but
includes any other person sought to be protected under this
Article.
(5) "Respondent" in a petition for a civil no contact
order means the defendant.
(6) "Sexual conduct" means any intentional or knowing
touching or fondling by the petitioner or the respondent,
either directly or through clothing, of the sex organs,
anus, or breast of the petitioner or the respondent, or any
part of the body of a child under 13 years of age, or any
transfer or transmission of semen by the respondent upon
any part of the clothed or unclothed body of the
petitioner, for the purpose of sexual gratification or
arousal of the petitioner or the respondent.
(7) "Sexual penetration" means any contact, however
slight, between the sex organ or anus of one person by an
object, the sex organ, mouth or anus of another person, or
any intrusion, however slight, of any part of the body of

one person or of any animal or object into the sex organ or
anus of another person, including but not limited to
cunnilingus, fellatio or anal penetration. Evidence of
emission of semen is not required to prove sexual
penetration.
(8) "Stay away" means to refrain from both physical
presence and nonphysical contact with the petitioner
directly, indirectly, or through third parties who may or
may not know of the order. "Nonphysical contact" includes,
but is not limited to, telephone calls, mail, e-mail, fax,
and written notes.
(d) For the purposes of cases involving stalking offenses,
the following terms shall have the following meanings in this
Article:
(1) "Course of conduct" means 2 or more acts,
including, but not limited to, acts in which a respondent
directly, indirectly, or through third parties, by any
action, method, device, or means follows, monitors,
observes, surveils, threatens, or communicates to or
about, a person, engages in other contact, or interferes
with or damages a person's property or pet. A course of
conduct may include contact via electronic communications.
The incarceration of a person in a penal institution who
commits the course of conduct is not a bar to prosecution.
(2) "Emotional distress" means significant mental
suffering, anxiety or alarm.

(3) "Contact" includes any contact with the victim,
that is initiated or continued without the victim's
consent, or that is in disregard of the victim's expressed
desire that the contact be avoided or discontinued,
including, but not limited to, being in the physical
presence of the victim; appearing within the sight of the
victim; approaching or confronting the victim in a public
place or on private property; appearing at the workplace or
residence of the victim; entering onto or remaining on
property owned, leased, or occupied by the victim; or
placing an object on, or delivering an object to, property
owned, leased, or occupied by the victim.
(4) "Petitioner" means any named petitioner for the
stalking no contact order or any named victim of stalking
on whose behalf the petition is brought.
(5) "Reasonable person" means a person in the
petitioner's circumstances with the petitioner's knowledge
of the respondent and the respondent's prior acts.
(6) "Respondent" in a petition for a civil no contact
order means the defendant.
(7) "Stalking" means engaging in a course of conduct
directed at a specific person, and he or she knows or
should know that this course of conduct would cause a
reasonable person to fear for his or her safety or the
safety of a third person or suffer emotional distress.
"Stalking" does not include an exercise of the right to

free speech or assembly that is otherwise lawful or
picketing occurring at the workplace that is otherwise
lawful and arises out of a bona fide labor dispute,
including any controversy concerning wages, salaries,
hours, working conditions or benefits, including health
and welfare, sick leave, insurance, and pension or
retirement provisions, the making or maintaining of
collective bargaining agreements, and the terms to be
included in those agreements.
(8) "Stalking no contact order" means an order granted
under this Article, which includes a remedy authorized by
Section 112A-14.7 of this Code.
(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
(725 ILCS 5/112A-4) (from Ch. 38, par. 112A-4)
Sec. 112A-4. Persons protected by this article.
(a) The following persons are protected by this Article in
cases involving domestic violence:
(1) (i) any person abused by a family or household
member;
(2) (ii) any minor child or dependent adult in the care
of such person; and
(3) (iii) any person residing or employed at a private
home or public shelter which is housing an abused family or
household member.
(a-5) The following persons are protected by this Article

in cases involving sexual offenses:
(1) any victim of non-consensual sexual conduct or
non-consensual sexual penetration on whose behalf the
petition is brought;
(2) any family or household member of the named victim;
and
(3) any employee of or volunteer at a rape crisis
center.
(a-10) The following persons are protected by this Article
in cases involving stalking offenses:
(1) any victim of stalking; and
(2) any family or household member of the named victim.
(b) (Blank). A petition for an order of protection may be
filed only by a person who has been abused by a family or
household member or by any person on behalf of a minor child or
an adult who has been abused by a family or household member
and who, because of age, health, disability, or
inaccessibility, cannot file the petition. However, any
petition properly filed under this Article may seek protection
for any additional persons protected by this Article.
(Source: P.A. 87-1186.)
(725 ILCS 5/112A-4.5 new)
Sec. 112A-4.5. Who may file petition.
(a) A petition for an order of protection may be filed:
(1) by a person who has been abused by a family or

household member; or
(2) by any person on behalf of a minor child or an
adult who has been abused by a family or household member
and who, because of age, health, disability, or
inaccessibility, cannot file the petition.
(b) A petition for a civil no contact order may be filed:
(1) by any person who is a victim of non-consensual
sexual conduct or non-consensual sexual penetration,
including a single incident of non-consensual sexual
conduct or non-consensual sexual penetration; or
(2) by a person on behalf of a minor child or an adult
who is a victim of non-consensual sexual conduct or
non-consensual sexual penetration but, because of age,
disability, health, or inaccessibility, cannot file the
petition.
(c) A petition for a stalking no contact order may be
filed:
(1) by any person who is a victim of stalking; or
(2) by a person on behalf of a minor child or an adult
who is a victim of stalking but, because of age,
disability, health, or inaccessibility, cannot file the
petition.
(d) The State's Attorney shall file a petition on behalf on
any person who may file a petition under subsections (a), (b)
or (c) of this Section if the person requests the State's
Attorney to file a petition on the person's behalf.

(e) Any petition properly filed under this Article may seek
protection for any additional persons protected by this
Article.
(725 ILCS 5/112A-5) (from Ch. 38, par. 112A-5)
Sec. 112A-5. Pleading; non-disclosure of address.
(a) A petition for a protective order an order of
protection shall be in writing and verified or accompanied by
affidavit and shall allege that petitioner has been abused by
respondent, who is a family or household member. The petition
shall further set forth whether there is any other pending
action between the petitioner and respondent parties. During
the pendency of this proceeding, each party has a continuing
duty to inform the court of any subsequent proceeding for an
order of protection in this or any other state.
(b) The petitioner shall not be required to disclose the
petitioner's address. If the petition states that disclosure of
petitioner's address would risk abuse of petitioner or any
member of petitioner's family or household or reveal the
confidential address of a shelter for domestic violence
victims, that address may be omitted from all documents filed
with the court. If disclosure is necessary to determine
jurisdiction or consider any venue issue, it shall be made
orally and in camera. If petitioner has not disclosed an
address under this subsection, petitioner shall designate an
alternative address at which respondent may serve notice of any

motions.
(Source: P.A. 87-1186.)
(725 ILCS 5/112A-5.5 new)
Sec. 112A-5.5. Time for filing petition. A petition for a
protective order may be filed at any time before the charge is
dismissed, the defendant is acquitted, or the defendant
completes service of his or her sentence. The petition can be
considered at any court proceeding in the delinquency or
criminal case at which the defendant is present. The court may
schedule a separate court proceeding to consider the petition.
(725 ILCS 5/112A-11.5 new)
Sec. 112A-11.5. Issuance of protective order.
(a) The court shall grant the petition and enter a
protective order if the court finds prima facie evidence that a
crime involving domestic violence, a sexual offense or a crime
involving stalking has been committed. The following shall be
considered prima facie evidence of the crime:
(1) an information, complaint, indictment or
delinquency petition, charging a crime of domestic
violence, a sexual offense or stalking or charging an
attempt to commit a crime of domestic violence, a sexual
offense or stalking; or
(2) an adjudication of delinquency, a finding of guilt
based upon a plea, or a finding of guilt after a trial for

a crime of domestic battery, a sexual crime or stalking or
an attempt to commit a crime of domestic violence, a sexual
offense or stalking;
(3) any dispositional order issued under Section 5-710
of the Juvenile Court Act of 1987, the imposition of
supervision, conditional discharge, probation, periodic
imprisonment, parole, aftercare release or mandatory
supervised release for a crime of domestic violence, a
sexual offense or stalking or an attempt to commit a crime
of domestic violence, a sexual offense, or stalking, or
imprisonment in conjunction with a bond forfeiture
warrant; or
(4) the entry of a protective order in a separate civil
case brought by the petitioner against the respondent.
(b) The petitioner shall not be denied a protective order
because the petitioner or the respondent is a minor.
(c) The court, when determining whether or not to issue a
protective order, may not require physical injury on the person
of the victim.
(725 ILCS 5/112A-12) (from Ch. 38, par. 112A-12)
Sec. 112A-12. Transfer of issues not decided in cases
involving domestic violence Hearings.
(a) (Blank). A petition for an order of protection shall be
treated as an expedited proceeding, and no court shall transfer
or otherwise decline to decide all or part of such petition,

except as otherwise provided herein. Nothing in this Section
shall prevent the court from reserving issues when jurisdiction
or notice requirements are not met.
(b) A criminal court may decline to decide contested issues
of physical care, custody, visitation, or family support,
unless a decision on one or more of those contested issues is
necessary to avoid the risk of abuse, neglect, removal from the
state or concealment within the state of the child or of
separation of the child from the primary caretaker.
(c) The court shall transfer to the appropriate court or
division any issue it has declined to decide. Any court may
transfer any matter which must be tried by jury to a more
appropriate calendar or division.
(d) If the court transfers or otherwise declines to decide
any issue, judgment on that issue shall be expressly reserved
and ruling on other issues shall not be delayed or declined.
(Source: P.A. 87-1186.)
(725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14)
Sec. 112A-14. Order of protection; remedies.
(a) (Blank). Issuance of order. If the court finds that
petitioner has been abused by a family or household member, as
defined in this Article, an order of protection prohibiting
such abuse shall issue; provided that petitioner must also
satisfy the requirements of one of the following Sections, as
appropriate: Section 112A-17 on emergency orders, Section

112A-18 on interim orders, or Section 112A-19 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 Article.
(b) The court may order any of the remedies listed in this
subsection. 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 112A-17 on emergency orders, Section
112A-18 on interim orders, and Section 112A-19 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. Prohibit respondent's
harassment, interference with personal liberty,
intimidation of a dependent, physical abuse or willful
deprivation, as defined in this Article, if such abuse 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. If 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. If
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 the a court finds, after a hearing, that respondent
is charged with has committed abuse (as defined in Section
112A-3) 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 2015, and this State's Uniform
Child-Custody Jurisdiction and Enforcement Act.
If the a court finds, after a hearing, that respondent

is charged with has committed abuse (as defined in Section
112A-3) 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. 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) A person who is subject to an existing order of
protection, interim order of protection, emergency
order of protection, or plenary order of protection,
issued under this Code may not lawfully possess weapons
under Section 8.2 of the Firearm Owners Identification
Card Act.
(B) Any firearms in the possession of the
respondent, except as provided in subparagraph (C) of
this paragraph (14.5), shall be ordered by the court to
be turned over to a person with a valid Firearm Owner's
Identification Card for safekeeping. The court shall
issue an order that the respondent's Firearm Owner's
Identification Card be turned over to the local law
enforcement agency, which in turn shall immediately
mail the card to the Department of State Police Firearm
Owner's Identification Card Office for safekeeping.
The period of safekeeping shall be for the duration of
the order of protection. The firearm or firearms and
Firearm Owner's Identification Card, if unexpired,

shall at the respondent's request be returned to the
respondent at expiration of the order of protection.
(C) If the respondent is a peace officer as defined
in Section 2-13 of the Criminal Code of 2012, 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
duration of the order of protection.
(D) 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 112A-5, 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 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 to establish
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 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 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) (Blank). 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
112A-5 and 112A-17 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 or under the Illinois Parentage Act
of 2015 on and after the effective date of that Act. Absent
such an adjudication, 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 7 of the Criminal Code of 2012;

(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 7 of the Criminal Code
of 2012;
(4) Petitioner did not act in self-defense or defense
of another;
(5) Petitioner left the residence or household to avoid
further abuse by respondent;
(6) Petitioner did not leave the residence or household
to avoid further abuse by respondent;
(7) Conduct by any family or household member excused
the abuse by respondent, unless that same conduct would
have excused such abuse if the parties had not been family
or household members.
(Source: P.A. 98-63, eff. 7-9-13; 99-85, eff. 1-1-16.)
(725 ILCS 5/112A-14.5 new)
Sec. 112A-14.5. Civil no contact order; remedies.
(a) The court may order any of the remedies listed in this
Section. The remedies listed in this Section shall be in
addition to other civil or criminal remedies available to
petitioner:
(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) 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. If
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. If 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.
(d) 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.
(e) Monetary damages are not recoverable as a remedy.
(725 ILCS 5/112A-14.7 new)
Sec. 112A-14.7. Stalking no contact order; remedies.
(a) The court may order any of the remedies listed in this
Section. The remedies listed in this Section shall be in
addition to other civil or criminal remedies available to
petitioner. A stalking no contact order shall order one or more
of the following:
(1) prohibit the respondent from threatening to commit
or committing stalking;
(2) order the respondent not to have any contact with
the petitioner or a third person specifically named by the
court;
(3) prohibit the respondent from knowingly coming
within, or knowingly remaining within a specified distance
of the petitioner or the petitioner's residence, school,
daycare, or place of employment, or any specified place

frequented by the petitioner; however, the court may order
the respondent to stay away from the respondent's own
residence, school, or place of employment only if the
respondent has been provided actual notice of the
opportunity to appear and be heard on the petition;
(4) prohibit the respondent from possessing a Firearm
Owners Identification Card, or possessing or buying
firearms; and
(5) order other injunctive relief the court determines
to be necessary to protect the petitioner or third party
specifically named by the court.
(b) 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. If 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. If 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.
(d) 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.
(e) 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 Article for conduct of the minor respondent in violation
of this Article if the parents, guardian, or legal custodian
directed, encouraged, or assisted the respondent minor in the
conduct.
(f) Monetary damages are not recoverable as a remedy.
(g) If the stalking no contact order prohibits the
respondent from possessing a Firearm Owner's Identification
Card, or possessing or buying firearms; the court shall

confiscate the respondent's Firearm Owner's Identification
Card and immediately return the card to the Department of State
Police Firearm Owner's Identification Card Office.
(725 ILCS 5/112A-15) (from Ch. 38, par. 112A-15)
Sec. 112A-15. Mutual orders of protection; correlative
separate orders. Mutual orders of protection are prohibited.
Correlative separate orders of protection undermine the
purposes of this Article and are prohibited. If separate orders
of protection in a criminal or delinquency case are sought,
there must be compliance with Section 112A-2. Nothing in this
Section prohibits a victim party from seeking a civil order of
protection.
If correlative separate orders of protection result after
being sought in separate criminal or delinquency actions in
accordance with Section 112A-2, that fact shall not be a
sufficient basis to deny any remedy to either petitioner or to
prove that the parties are equally at fault or equally
endangered.
(Source: P.A. 87-1186.)
(725 ILCS 5/112A-20) (from Ch. 38, par. 112A-20)
Sec. 112A-20. Duration and extension of protective orders.
(a) (Blank). Duration of emergency and interim orders.
Unless re-opened or extended or voided by entry of an order of
greater duration:

(1) Emergency orders issued under Section 112A-17
shall be effective for not less than 14 nor more than 21
days;
(2) Interim orders shall be effective for up to 30
days.
(b) A protective order Duration of plenary orders. Except
as otherwise provided in this Section, a plenary order of
protection shall be valid for a fixed period of time not to
exceed 2 years. A plenary order of protection 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 order of protection,
however, shall be terminated by a dismissal that is
accompanied by the issuance of a bond forfeiture warrant;
(3) until 2 years after the expiration of any
supervision, conditional discharge, probation, periodic
imprisonment, parole, aftercare release, or mandatory
supervised release for orders of protection and civil no
contact orders and for an additional period of time

thereafter not exceeding 2 years; or
(4) until 2 years after the date set by the court for
expiration of any sentence of imprisonment and subsequent
parole, aftercare release, or mandatory supervised release
for orders of protection and civil no contact orders; and
and for an additional period of time thereafter not
exceeding 2 years.
(5) permanent for a stalking no contact order if a
judgment of conviction for stalking is entered.
(c) Computation of time. The duration of an order of
protection shall not be reduced by the duration of any prior
order of protection.
(d) Law enforcement records. When a protective a plenary
order of protection expires upon the occurrence of a specified
event, rather than upon a specified date as provided in
subsection (b), no expiration date shall be entered in
Department of State Police records. To remove the protective
plenary order from those records, either the petitioner or the
respondent party shall request the clerk of the court to file a
certified copy of an order stating that the specified event has
occurred or that the protective plenary order has been vacated
or modified with the sheriff, and the sheriff shall direct that
law enforcement records shall be promptly corrected in
accordance with the filed order.
(e) Extension of Orders. Any emergency, interim or plenary
order of protection or civil no contact order that expires 2

years after the expiration of the defendant's sentence under
paragraph (2), (3), or (4) of subsection (b) of Section 112A-20
of this Article may be extended one or more times, as required,
provided that the requirements of Section 112A-17, 112A-18 or
112A-19, as appropriate, are satisfied. The petitioner or the
State's Attorney on the petitioner's behalf shall file the
motion for an extension of the protective order in the criminal
case and serve the motion in accordance with Supreme Court
Rules 11 and 12. The court shall transfer the motion to the
appropriate court or division for consideration under
subsection (e) of Section 220 of the Illinois Domestic Violence
Act of 1986 or subsection (c) of Section 216 of the Civil No
Contact Order Act, as appropriate. If the motion for extension
is uncontested and petitioner seeks no modification of the
order, the order may be extended on the basis of 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. An extension of
a plenary order of protection may be granted, upon good cause
shown, to remain in effect until the order of protection is
vacated or modified. Extensions may be granted only in open
court and not under the provisions of Section 112A-17(c), which
applies only when the court is unavailable at the close of
business or on a court holiday.
(f) Termination date. Any order of protection which would
expire on a court holiday shall instead expire at the close of

the next court business day.
(g) Statement of purpose. The practice of dismissing or
suspending a criminal prosecution in exchange for issuing an
order of protection undermines the purposes of this Article.
This Section shall not be construed as encouraging that
practice.
(Source: P.A. 98-558, eff. 1-1-14.)
(725 ILCS 5/112A-21) (from Ch. 38, par. 112A-21)
Sec. 112A-21. Contents of orders.
(a) Any order of protection shall describe, in reasonable
detail and not by reference to any other document, the
following:
(1) Each remedy granted by the court, in reasonable
detail and not by reference to any other document, so that
respondent may clearly understand what he or she must do or
refrain from doing. Pre-printed form orders of protection
shall include the definitions of the types of abuse, as
provided in Section 112A-3. Remedies set forth in
pre-printed form orders shall be numbered consistently
with and corresponding to the numerical sequence of
remedies listed in Section 112A-14 (at least as of the date
the form orders are printed).
(2) The reason for denial of petitioner's request for
any remedy listed in Section 112A-14.
(b) An order of protection shall further state the

following:
(1) The name of each petitioner that the court finds is
a victim of a charged offense was abused by respondent, and
that respondent is a member of the family or household of
each such petitioner, and the name of each other person
protected by the order and that such person is protected by
this Act.
(2) For any remedy requested by petitioner on which the
court has declined to rule, that that remedy is reserved.
(3) The date and time the order of protection was
issued, whether it is an emergency, interim or plenary
order and the duration of the order.
(4) (Blank). The date, time and place for any scheduled
hearing for extension of that order of protection or for
another order of greater duration or scope.
(5) (Blank). For each remedy in an emergency order of
protection, the reason for entering that remedy without
prior notice to respondent or greater notice than was
actually given.
(6) (Blank). For emergency and interim orders of
protection, that respondent may petition the court, in
accordance with Section 112A-24, to re-open that order if
he or she did not receive actual prior notice of the
hearing, in accordance with Section 112A-11, and alleges
that he or she had a meritorious defense to the order or
that the order or any of its remedies was not authorized by

this Article.
(c) Any order of protection shall include the following
notice, printed in conspicuous type:
"Any knowing violation of an order of protection
forbidding physical abuse, harassment, intimidation,
interference with personal liberty, willful deprivation,
or entering or remaining present at specified places when
the protected person is present, or granting exclusive
possession of the residence or household, or granting a
stay away order is a Class A misdemeanor. Grant of
exclusive possession of the residence or household shall
constitute notice forbidding trespass to land. Any knowing
violation of an order awarding legal custody or physical
care of a child or prohibiting removal or concealment of a
child may be a Class 4 felony. Any willful violation of any
order is contempt of court. Any violation may result in
fine or imprisonment."
(d) (Blank). An emergency order of protection shall state,
"This Order of Protection is enforceable, even without
registration, in all 50 states, the District of Columbia,
tribal lands, and the U.S. territories pursuant to the Violence
Against Women Act (18 U.S.C. 2265). Violating this Order of
Protection may subject the respondent to federal charges and
punishment (18 U.S.C. 2261-2262)."
(e) An interim or plenary order of protection shall state,
"This Order of Protection is enforceable, even without

registration, in all 50 states, the District of Columbia,
tribal lands, and the U.S. territories pursuant to the Violence
Against Women Act (18 U.S.C. 2265). Violating this Order of
Protection may subject the respondent to federal charges and
punishment (18 U.S.C. 2261-2262). The respondent may be subject
to federal criminal penalties for possessing, transporting,
shipping, or receiving any firearm or ammunition under the Gun
Control Act (18 U.S.C. 922(g)(8) and (9))."
(Source: P.A. 93-944, eff. 1-1-05.)
(725 ILCS 5/112A-21.5 new)
Sec. 112A-21.5. Contents of civil no contact orders.
(a) Any civil no contact order shall describe each remedy
granted by the court, in reasonable detail and not by reference
to any other document, so that the respondent may clearly
understand what he or she must do or refrain from doing.
(b) A civil no contact order shall further state the
following:
(1) The name of each petitioner that the court finds is
a victim of a charged offense and the name of each other
person protected by the civil no contact order.
(2) The date and time the civil no contact order was
issued.
(c) A civil no contact order shall include the following
notice, printed in conspicuous type:
"Any knowing violation of a civil no contact order is a

Class A misdemeanor. Any second or subsequent violation is
a Class 4 felony."
"This Civil No Contact Order is enforceable, even
without registration, in all 50 states, the District of
Columbia, tribal lands, and the U.S. territories under the
Violence Against Women Act (18 U.S.C. 2265)."
(725 ILCS 5/112A-21.7 new)
Sec. 112A-21.7. Contents of stalking no contact orders.
(a) Any stalking no contact order shall describe each
remedy granted by the court, in reasonable detail and not by
reference to any other document, so that the respondent may
clearly understand what he or she must do or refrain from
doing.
(b) A stalking no contact order shall further state the
following:
(1) The name of each petitioner that the court finds
was the victim of stalking by the respondent.
(2) The date and time the stalking no contact order was
issued.
(c) A stalking no contact order shall include the following
notice, printed in conspicuous type:
"An initial knowing violation of a stalking no contact
order is a Class A misdemeanor. Any second or subsequent
knowing violation is a Class 4 felony."
"This Stalking No Contact Order is enforceable, even

without registration, in all 50 states, the District of
Columbia, tribal lands, and the U.S. territories under the
Violence Against Women Act (18 U.S.C. 2265)."
(725 ILCS 5/112A-22) (from Ch. 38, par. 112A-22)
Sec. 112A-22. Notice of orders.
(a) Entry and issuance. Upon issuance of any order of
protection, the clerk shall immediately, or on the next court
day if an emergency order is issued in accordance with
subsection (c) of Section 112A-17, (i) enter the order on the
record and file it in accordance with the circuit court
procedures and (ii) provide a file stamped copy of the order to
respondent, if present, and to petitioner, if present, and to
the State's Attorney. If the victim is not present the State's
Attorney shall (i) as soon as practicable notify the petitioner
the order has been entered and (ii) provide a file stamped copy
of the order to the petitioner within 3 days.
(b) Filing with sheriff. The clerk of the issuing judge
shall, or the petitioner may, on the same day that a protective
order an order of protection is issued, file a copy of that
order with the sheriff or other law enforcement officials
charged with maintaining Department of State Police records. or
charged with serving the order upon respondent. If the order
was issued in accordance with subsection (c) of Section
112A-17, the clerk shall on the next court day, file a
certified copy of the order with the Sheriff or other law

enforcement officials charged with maintaining Department of
State Police records. If the respondent, at the time of the
issuance of the order, is committed to the custody of the
Illinois Department of Corrections or Illinois Department of
Juvenile Justice or is on parole, aftercare release, or
mandatory supervised release, the sheriff or other law
enforcement officials charged with maintaining Department of
State Police records shall notify the Department of Corrections
or Department of Juvenile Justice within 48 hours of receipt of
a copy of the order of protection from the clerk of the issuing
judge or the petitioner. Such notice shall include the name of
the respondent, the respondent's IDOC inmate number or IDJJ
youth identification number, the respondent's date of birth,
and the LEADS Record Index Number.
(c) (Blank). Service by sheriff. Unless respondent was
present in court when the order was issued, the sheriff, other
law enforcement official or special process server shall
promptly serve that order upon respondent and file proof of
such service, in the manner provided for service of process in
civil proceedings. Instead of serving the order upon the
respondent, however, the sheriff, other law enforcement
official, special process server, or other persons defined in
Section 112A-22.10 may serve the respondent with a short form
notification as provided in Section 112A-22.10. If process has
not yet been served upon the respondent, it shall be served
with the order or short form notification if such service is

made by the sheriff, other law enforcement official, or special
process server.
(c-5) (Blank). If the person against whom the order of
protection is issued is arrested and the written order is
issued in accordance with subsection (c) of Section 112A-17 and
received by the custodial law enforcement agency before the
respondent or arrestee is released from custody, the custodial
law enforcement agent shall promptly serve the order upon the
respondent or arrestee before the respondent or arrestee is
released from custody. In no event shall detention of the
respondent or arrestee be extended for hearing on the petition
for order of protection or receipt of the order issued under
Section 112A-17 of this Code.
(d) (Blank). Extensions, modifications and revocations.
Any order extending, modifying or revoking any order of
protection shall be promptly recorded, issued and served as
provided in this Section.
(e) Notice to health care facilities and health care
practitioners. Upon the request of the petitioner, the clerk of
the circuit court shall send a certified copy of the protective
order of protection to any specified health care facility or
health care practitioner requested by the petitioner at the
mailing address provided by the petitioner.
(f) Disclosure by health care facilities and health care
practitioners. After receiving a certified copy of a protective
order an order of protection that prohibits a respondent's

access to records, no health care facility or health care
practitioner shall allow a respondent access to the records of
any child who is a protected person under the protective order
of protection, or release information in those records to the
respondent, unless the order has expired or the respondent
shows a certified copy of the court order vacating the
corresponding protective order of protection that was sent to
the health care facility or practitioner. Nothing in this
Section shall be construed to require health care facilities or
health care practitioners to alter procedures related to
billing and payment. The health care facility or health care
practitioner may file the copy of the protective order of
protection in the records of a child who is a protected person
under the protective order of protection, or may employ any
other method to identify the records to which a respondent is
prohibited access. No health care facility or health care
practitioner shall be civilly or professionally liable for
reliance on a copy of a protective order an order of
protection, except for willful and wanton misconduct.
(g) Notice to schools. Upon the request of the petitioner,
within 24 hours of the issuance of a protective order an order
of protection, the clerk of the issuing judge shall send a
certified copy of the protective order of protection to the
day-care facility, pre-school or pre-kindergarten, or private
school or the principal office of the public school district or
any college or university in which any child who is a protected

person under the protective order of protection or any child of
the petitioner is enrolled as requested by the petitioner at
the mailing address provided by the petitioner. If the child
transfers enrollment to another day-care facility, pre-school,
pre-kindergarten, private school, public school, college, or
university, the petitioner may, within 24 hours of the
transfer, send to the clerk written notice of the transfer,
including the name and address of the institution to which the
child is transferring. Within 24 hours of receipt of notice
from the petitioner that a child is transferring to another
day-care facility, pre-school, pre-kindergarten, private
school, public school, college, or university, the clerk shall
send a certified copy of the order to the institution to which
the child is transferring.
(h) Disclosure by schools. After receiving a certified copy
of a protective order an order of protection that prohibits a
respondent's access to records, neither a day-care facility,
pre-school, pre-kindergarten, public or private school,
college, or university nor its employees shall allow a
respondent access to a protected child's records or release
information in those records to the respondent. The school
shall file the copy of the protective order of protection in
the records of a child who is a protected person under the
order of protection. When a child who is a protected person
under the protective order of protection transfers to another
day-care facility, pre-school, pre-kindergarten, public or

private school, college, or university, the institution from
which the child is transferring may, at the request of the
petitioner, provide, within 24 hours of the transfer, written
notice of the protective order of protection, along with a
certified copy of the order, to the institution to which the
child is transferring.
(Source: P.A. 97-50, eff. 6-28-11; 97-904, eff. 1-1-13; 98-558,
eff. 1-1-14.)
(725 ILCS 5/112A-22.3 new)
Sec. 112A-22.3. Withdrawal or dismissal of charges or
petition.
(a) Voluntary dismissal or withdrawal of any delinquency
petition or criminal prosecution or a finding of not guilty
shall not require dismissal or vacation of the protective
order; instead, at the request of the petitioner, in the
discretion of the State's Attorney, or on the court's motion,
it may be treated as an independent action and, if necessary
and appropriate, transferred to a different court or division.
Dismissal of any delinquency petition or criminal prosecution
shall not affect the validity of any previously issued
protective order.
(b) Withdrawal or dismissal of any petition for a
protective order shall operate as a dismissal without
prejudice.

(725 ILCS 5/112A-23) (from Ch. 38, par. 112A-23)
Sec. 112A-23. Enforcement of protective orders of
protection.
(a) When violation is crime. A violation of any order of
protection, whether issued in a civil, quasi-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 or the Criminal Code of 2012, by
having knowingly violated:
(i) remedies described in paragraphs (1), (2),
(3), (14), or (14.5) of subsection (b) of Section
112A-14,
(ii) a remedy, which is substantially similar to
the remedies authorized under paragraphs (1), (2),
(3), (14) or (14.5) of subsection (b) of Section 214 of
the Illinois Domestic Violence Act of 1986, in a valid
order of protection, which is authorized under the laws
of another state, tribe or United States territory,
(iii) or any other remedy when the act constitutes
a crime against the protected parties as defined by the
Criminal Code of 1961 or the Criminal Code of 2012.
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 or
the Criminal Code of 2012, by having knowingly violated:
(i) remedies described in paragraphs (5), (6) or
(8) of subsection (b) of Section 112A-14, or
(ii) a remedy, which is substantially similar to
the remedies authorized under paragraphs (1), (5),
(6), or (8) of subsection (b) of Section 214 of the
Illinois Domestic Violence Act of 1986, in a valid
order of protection, which is authorized under the laws
of another state, tribe or United States territory.
(3) The respondent commits the crime of violation of a
civil no contact order when the respondent violates Section
12-3.8 of the Criminal Code of 2012. Prosecution for a
violation of a civil no contact order 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 civil no contact order.
(4) The respondent commits the crime of violation of a
stalking no contact order when the respondent violates
Section 12-3.9 of the Criminal Code of 2012. Prosecution
for a violation of a stalking no contact order 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 stalking no contact order.
(b) When violation is contempt of court. A violation of any

valid protective 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 protective order of protection were committed, to the
extent consistent with the venue provisions of this Article.
Nothing in this Article shall preclude any Illinois court from
enforcing any valid protective order of protection issued in
another state. Illinois courts may enforce protective 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 a protective order an order of protection shall be
treated as an expedited proceeding.
(c) Violation of custody, allocation of parental

responsibility, or support orders. A violation of remedies
described in paragraphs (5), (6), (8), or (9) of subsection (b)
of Section 112A-14 may be enforced by any remedy provided by
Section 607.5 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
112A-14 in the manner provided for under Parts V and VII of the
Illinois Marriage and Dissolution of Marriage Act.
(d) Actual knowledge. A protective order An order of
protection may be enforced pursuant to this Section if the
respondent violates the order after respondent has actual
knowledge of its contents as shown through one of the following
means:
(1) (Blank). By service, delivery, or notice under
Section 112A-10.
(2) (Blank). By notice under Section 112A-11.
(3) By service of an order of protection under Section
112A-22.
(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 112A-15.
(2) Any finding or order entered in a conjoined

criminal proceeding.
(f) Circumstances. The court, when determining whether or
not a violation of a protective order 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 protective order of protection over any penalty
previously imposed by any court for respondent's
violation of any protective 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
protective order of protection; and
(iii) impose a minimum penalty of 48 hours
imprisonment for respondent's second or subsequent
violation of a protective order 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 a protective order an order of protection, a
criminal court may consider evidence of any violations of a
protective order an order of protection:
(i) to increase, revoke or modify the bail bond on
an underlying criminal charge pursuant to Section
110-6;
(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.
(Source: P.A. 99-90, eff. 1-1-16.)
(725 ILCS 5/112A-24) (from Ch. 38, par. 112A-24)
Sec. 112A-24. Modification, and re-opening, and extension
of orders.

(a) Except as otherwise provided in this Section, upon
motion by petitioner or the State's Attorney on behalf of the
petitioner, the court may modify a protective an emergency,
interim, or plenary order of protection:
(1) If respondent has abused petitioner since the
hearing for that order, by adding or altering one or more
remedies, as authorized by Section 112A-14, 112A-14.5, or
112A-14.7 of this Article; and
(2) Otherwise, by adding any remedy authorized by
Section 112A-14, 112A-14.5, or 112A-14.7 which was:
(i) reserved in that protective order of
protection;
(ii) not requested for inclusion in that
protective order of protection; or
(iii) denied on procedural grounds, but not on the
merits.
(a-5) A petitioner or the State's Attorney on the
petitioner's behalf may file a motion to vacate or modify a
permanent stalking no contact order 2 years or more after the
expiration of the defendant's sentence. The motion shall be
served in accordance with Supreme Court Rules 11 and 12.
(b) Upon motion by the petitioner, State's Attorney, or
respondent, the court may modify any prior order of
protection's remedy for custody, visitation or payment of
support in accordance with the relevant provisions of the
Illinois Marriage and Dissolution of Marriage Act.

(c) After 30 days following the entry of a protective
plenary order of protection, a court may modify that order only
when changes in the applicable law or facts since that plenary
order was entered warrant a modification of its terms.
(d) (Blank). Upon 2 days notice to petitioner, in
accordance with Section 112A-11, or such shorter notice as the
court may prescribe, a respondent subject to an emergency or
interim order of protection issued under this Article may
appear and petition the court to re-hear the original or
amended petition. Any petition to re-hear shall be verified and
shall allege the following:
(1) that respondent did not receive prior notice of the
initial hearing in which the emergency or interim order was
entered, in accordance with Sections 112A-11 and 112A-17;
and
(2) that respondent had a meritorious defense to the
order or any of its remedies or that the order or any of
its remedies was not authorized under this Article.
(e) (Blank). If the emergency or interim order granted
petitioner exclusive possession of the residence and the
petition of respondent seeks to re-open or vacate that grant,
the court shall set a date for hearing within 14 days on all
issues relating to exclusive possession. Under no
circumstances shall a court continue a hearing concerning
exclusive possession beyond the 14th day except by agreement of
the parties. Other issues raised by the pleadings may be

consolidated for the hearing if neither party nor the court
objects.
(f) (Blank). This Section does not limit the means,
otherwise available by law, for vacating or modifying orders of
protection.
(Source: P.A. 87-1186.)
(725 ILCS 5/112A-25) (from Ch. 38, par. 112A-25)
Sec. 112A-25. Immunity from Prosecution. Any individual or
organization acting in good faith to report the abuse of any
person 60 years of age or older or to do any of the following in
complying with the provisions of this Article shall not be
subject to criminal prosecution or civil liability as a result
of such action: providing any information to the appropriate
law enforcement agency, providing that the giving of any
information does not violate any privilege of confidentiality
under law; assisting in any investigation; assisting in the
preparation of any materials for distribution under this
Article; or by providing services ordered under a protective
order an order of protection.
(Source: P.A. 84-1305 incorporating 84-1232; 84-1438.)
(725 ILCS 5/112A-26) (from Ch. 38, par. 112A-26)
Sec. 112A-26. Arrest without warrant.
(a) Any law enforcement officer may make an arrest without
warrant if the officer has probable cause to believe that the

person has committed or is committing any crime, including but
not limited to violation of an order of protection, under
Section 12-3.4 or 12-30 of the Criminal Code of 1961 or the
Criminal Code of 2012, violation of a civil no contact order,
under Section 11-1.75 of the Criminal Code of 2012, or
violation of a stalking no contact order, under Section 12-7.5A
of the Criminal Code of 2012, even if the crime was not
committed in the presence of the officer.
(b) The law enforcement officer may verify the existence of
a protective an order of protection by telephone or radio
communication with his or her law enforcement agency or by
referring to the copy of the order provided by petitioner or
respondent.
(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
(725 ILCS 5/112A-28) (from Ch. 38, par. 112A-28)
Sec. 112A-28. Data maintenance by law enforcement
agencies.
(a) All sheriffs shall furnish to the Department of State
Police, daily, in the form and detail the Department requires,
copies of any recorded protective orders of protection issued
by the court, and any foreign orders of protection filed by the
clerk of the court, and transmitted to the sheriff by the clerk
of the court pursuant to subsection (b) of Section 112A-22 of
this Act. Each protective order of protection shall be entered
in the Law Enforcement Agencies Data System on the same day it

is issued by the court. If an emergency order of protection was
issued in accordance with subsection (c) of Section 112A-17,
the order shall be entered in the Law Enforcement Agencies Data
System as soon as possible after receipt from the clerk.
(b) The Department of State Police shall maintain a
complete and systematic record and index of all valid and
recorded protective orders of protection issued or filed under
pursuant to this Act. The data shall be used to inform all
dispatchers and law enforcement officers at the scene of an
alleged incident of abuse or violation of a protective order an
order of protection of any recorded prior incident of abuse
involving the abused party and the effective dates and terms of
any recorded protective order of protection.
(c) The data, records and transmittals required under this
Section shall pertain to:
(1) any valid emergency, interim or plenary order of
protection, civil no contact or stalking no contact order
whether issued in a civil proceeding; and
(2) or any valid protective order issued in a criminal
proceeding or authorized under the laws of another state,
tribe, or United States territory.
(Source: P.A. 95-331, eff. 8-21-07.)
(725 ILCS 5/112A-30) (from Ch. 38, par. 112A-30)
Sec. 112A-30. Assistance by law enforcement officers.
(a) Whenever a law enforcement officer has reason to

believe that a person has been abused by a family or household
member, the officer shall immediately use all reasonable means
to prevent further abuse, including:
(1) Arresting the abusing party, where appropriate;
(2) If there is probable cause to believe that
particular weapons were used to commit the incident of
abuse, subject to constitutional limitations, seizing and
taking inventory of the weapons;
(3) Accompanying the victim of abuse to his or her
place of residence for a reasonable period of time to
remove necessary personal belongings and possessions;
(4) Offering the victim of abuse immediate and adequate
information (written in a language appropriate for the
victim or in Braille or communicated in appropriate sign
language), which shall include a summary of the procedures
and relief available to victims of abuse under this Article
subsection (c) of Section 112A-17 and the officer's name
and badge number;
(5) Providing the victim with one referral to an
accessible service agency;
(6) Advising the victim of abuse about seeking medical
attention and preserving evidence (specifically including
photographs of injury or damage and damaged clothing or
other property); and
(7) Providing or arranging accessible transportation
for the victim of abuse (and, at the victim's request, any

minors or dependents in the victim's care) to a medical
facility for treatment of injuries or to a nearby place of
shelter or safety; or, after the close of court business
hours, providing or arranging for transportation for the
victim (and, at the victim's request, any minors or
dependents in the victim's care) to the nearest available
circuit judge or associate judge so the victim may file a
petition for an emergency order of protection under Section
217 of the Illinois Domestic Violence Act of 1986
subsection (c) of Section 112A-17. When a victim of abuse
chooses to leave the scene of the offense, it shall be
presumed that it is in the best interests of any minors or
dependents in the victim's care to remain with the victim
or a person designated by the victim, rather than to remain
with the abusing party.
(b) Whenever a law enforcement officer does not exercise
arrest powers or otherwise initiate criminal proceedings, the
officer shall:
(1) Make a police report of the investigation of any
bona fide allegation of an incident of abuse and the
disposition of the investigation, in accordance with
subsection (a) of Section 112A-29;
(2) Inform the victim of abuse of the victim's right to
request that a criminal proceeding be initiated where
appropriate, including specific times and places for
meeting with the State's Attorney's office, a warrant

officer, or other official in accordance with local
procedure; and
(3) Advise the victim of the importance of seeking
medical attention and preserving evidence (specifically
including photographs of injury or damage and damaged
clothing or other property).
(c) Except as provided by Section 24-6 of the Criminal Code
of 2012 or under a court order, any weapon seized under
subsection (a)(2) shall be returned forthwith to the person
from whom it was seized when it is no longer needed for
evidentiary purposes.
(Source: P.A. 97-1150, eff. 1-25-13.)
(725 ILCS 5/112A-1 rep.)
(725 ILCS 5/112A-2 rep.)
(725 ILCS 5/112A-6 rep.)
(725 ILCS 5/112A-7 rep.)
(725 ILCS 5/112A-10 rep.)
(725 ILCS 5/112A-11 rep.)
(725 ILCS 5/112A-13 rep.)
(725 ILCS 5/112A-17 rep.)
(725 ILCS 5/112A-18 rep.)
(725 ILCS 5/112A-19 rep.)
(725 ILCS 5/112A-22.5 rep.)
(725 ILCS 5/112A-22.10 rep.)
Section 10. The Code of Criminal Procedure of 1963 is

amended by repealing Sections 112A-1, 112A-2, 112A-6, 112A-7,
112A-10, 112A-11, 112A-13, 112A-17, 112A-18, 112A-19,
112A-22.5, and 112A-22.10.
Section 15. The Rights of Crime Victims and Witnesses Act
is amended by changing Section 4.5 as follows:
(725 ILCS 120/4.5)
Sec. 4.5. Procedures to implement the rights of crime
victims. To afford crime victims their rights, law enforcement,
prosecutors, judges and corrections will provide information,
as appropriate of the following procedures:
(a) At the request of the crime victim, law enforcement
authorities investigating the case shall provide notice of the
status of the investigation, except where the State's Attorney
determines that disclosure of such information would
unreasonably interfere with the investigation, until such time
as the alleged assailant is apprehended or the investigation is
closed.
(a-5) When law enforcement authorities re-open a closed
case to resume investigating, they shall provide notice of the
re-opening of the case, except where the State's Attorney
determines that disclosure of such information would
unreasonably interfere with the investigation.
(b) The office of the State's Attorney:
(1) shall provide notice of the filing of an

information, the return of an indictment, or the filing of
a petition to adjudicate a minor as a delinquent for a
violent crime;
(2) shall provide timely notice of the date, time, and
place of court proceedings; of any change in the date,
time, and place of court proceedings; and of any
cancellation of court proceedings. Notice shall be
provided in sufficient time, wherever possible, for the
victim to make arrangements to attend or to prevent an
unnecessary appearance at court proceedings;
(3) or victim advocate personnel shall provide
information of social services and financial assistance
available for victims of crime, including information of
how to apply for these services and assistance;
(3.5) or victim advocate personnel shall provide
information about available victim services, including
referrals to programs, counselors, and agencies that
assist a victim to deal with trauma, loss, and grief;
(4) shall assist in having any stolen or other personal
property held by law enforcement authorities for
evidentiary or other purposes returned as expeditiously as
possible, pursuant to the procedures set out in Section
115-9 of the Code of Criminal Procedure of 1963;
(5) or victim advocate personnel shall provide
appropriate employer intercession services to ensure that
employers of victims will cooperate with the criminal

justice system in order to minimize an employee's loss of
pay and other benefits resulting from court appearances;
(6) shall provide, whenever possible, a secure waiting
area during court proceedings that does not require victims
to be in close proximity to defendants or juveniles accused
of a violent crime, and their families and friends;
(7) shall provide notice to the crime victim of the
right to have a translator present at all court proceedings
and, in compliance with the federal Americans with
Disabilities Act of 1990, the right to communications
access through a sign language interpreter or by other
means;
(8) (blank);
(8.5) shall inform the victim of the right to be
present at all court proceedings, unless the victim is to
testify and the court determines that the victim's
testimony would be materially affected if the victim hears
other testimony at trial;
(9) shall inform the victim of the right to have
present at all court proceedings, subject to the rules of
evidence and confidentiality, an advocate and other
support person of the victim's choice;
(9.3) shall inform the victim of the right to retain an
attorney, at the victim's own expense, who, upon written
notice filed with the clerk of the court and State's
Attorney, is to receive copies of all notices, motions and

court orders filed thereafter in the case, in the same
manner as if the victim were a named party in the case;
(9.5) shall inform the victim of (A) the victim's right
under Section 6 of this Act to make a victim impact
statement at the sentencing hearing; (B) the right of the
victim's spouse, guardian, parent, grandparent and other
immediate family and household members under Section 6 of
this Act to present an impact statement at sentencing; and
(C) if a presentence report is to be prepared, the right of
the victim's spouse, guardian, parent, grandparent and
other immediate family and household members to submit
information to the preparer of the presentence report about
the effect the offense has had on the victim and the
person;
(10) at the sentencing shall make a good faith attempt
to explain the minimum amount of time during which the
defendant may actually be physically imprisoned. The
Office of the State's Attorney shall further notify the
crime victim of the right to request from the Prisoner
Review Board or Department of Juvenile Justice information
concerning the release of the defendant;
(11) shall request restitution at sentencing and as
part of a plea agreement if the victim requests
restitution;
(12) shall, upon the court entering a verdict of not
guilty by reason of insanity, inform the victim of the

notification services available from the Department of
Human Services, including the statewide telephone number,
under subparagraph (d)(2) of this Section;
(13) shall provide notice within a reasonable time
after receipt of notice from the custodian, of the release
of the defendant on bail or personal recognizance or the
release from detention of a minor who has been detained;
(14) shall explain in nontechnical language the
details of any plea or verdict of a defendant, or any
adjudication of a juvenile as a delinquent;
(15) shall make all reasonable efforts to consult with
the crime victim before the Office of the State's Attorney
makes an offer of a plea bargain to the defendant or enters
into negotiations with the defendant concerning a possible
plea agreement, and shall consider the written victim
impact statement, if prepared prior to entering into a plea
agreement. The right to consult with the prosecutor does
not include the right to veto a plea agreement or to insist
the case go to trial. If the State's Attorney has not
consulted with the victim prior to making an offer or
entering into plea negotiations with the defendant, the
Office of the State's Attorney shall notify the victim of
the offer or the negotiations within 2 business days and
confer with the victim;
(16) shall provide notice of the ultimate disposition
of the cases arising from an indictment or an information,

or a petition to have a juvenile adjudicated as a
delinquent for a violent crime;
(17) shall provide notice of any appeal taken by the
defendant and information on how to contact the appropriate
agency handling the appeal, and how to request notice of
any hearing, oral argument, or decision of an appellate
court;
(18) shall provide timely notice of any request for
post-conviction review filed by the defendant under
Article 122 of the Code of Criminal Procedure of 1963, and
of the date, time and place of any hearing concerning the
petition. Whenever possible, notice of the hearing shall be
given within 48 hours of the court's scheduling of the
hearing; and
(19) shall forward a copy of any statement presented
under Section 6 to the Prisoner Review Board or Department
of Juvenile Justice to be considered in making a
determination under Section 3-2.5-85 or subsection (b) of
Section 3-3-8 of the Unified Code of Corrections.
(c) The court shall ensure that the rights of the victim
are afforded.
(c-5) The following procedures shall be followed to afford
victims the rights guaranteed by Article I, Section 8.1 of the
Illinois Constitution:
(1) Written notice. A victim may complete a written
notice of intent to assert rights on a form prepared by the

Office of the Attorney General and provided to the victim
by the State's Attorney. The victim may at any time provide
a revised written notice to the State's Attorney. The
State's Attorney shall file the written notice with the
court. At the beginning of any court proceeding in which
the right of a victim may be at issue, the court and
prosecutor shall review the written notice to determine
whether the victim has asserted the right that may be at
issue.
(2) Victim's retained attorney. A victim's attorney
shall file an entry of appearance limited to assertion of
the victim's rights. Upon the filing of the entry of
appearance and service on the State's Attorney and the
defendant, the attorney is to receive copies of all
notices, motions and court orders filed thereafter in the
case.
(3) Standing. The victim has standing to assert the
rights enumerated in subsection (a) of Article I, Section
8.1 of the Illinois Constitution and the statutory rights
under Section 4 of this Act in any court exercising
jurisdiction over the criminal case. The prosecuting
attorney, a victim, or the victim's retained attorney may
assert the victim's rights. The defendant in the criminal
case has no standing to assert a right of the victim in any
court proceeding, including on appeal.
(4) Assertion of and enforcement of rights.

(A) The prosecuting attorney shall assert a
victim's right or request enforcement of a right by
filing a motion or by orally asserting the right or
requesting enforcement in open court in the criminal
case outside the presence of the jury. The prosecuting
attorney shall consult with the victim and the victim's
attorney regarding the assertion or enforcement of a
right. If the prosecuting attorney decides not to
assert or enforce a victim's right, the prosecuting
attorney shall notify the victim or the victim's
attorney in sufficient time to allow the victim or the
victim's attorney to assert the right or to seek
enforcement of a right.
(B) If the prosecuting attorney elects not to
assert a victim's right or to seek enforcement of a
right, the victim or the victim's attorney may assert
the victim's right or request enforcement of a right by
filing a motion or by orally asserting the right or
requesting enforcement in open court in the criminal
case outside the presence of the jury.
(C) If the prosecuting attorney asserts a victim's
right or seeks enforcement of a right, and the court
denies the assertion of the right or denies the request
for enforcement of a right, the victim or victim's
attorney may file a motion to assert the victim's right
or to request enforcement of the right within 10 days

of the court's ruling. The motion need not demonstrate
the grounds for a motion for reconsideration. The court
shall rule on the merits of the motion.
(D) The court shall take up and decide any motion
or request asserting or seeking enforcement of a
victim's right without delay, unless a specific time
period is specified by law or court rule. The reasons
for any decision denying the motion or request shall be
clearly stated on the record.
(5) Violation of rights and remedies.
(A) If the court determines that a victim's right
has been violated, the court shall determine the
appropriate remedy for the violation of the victim's
right by hearing from the victim and the parties,
considering all factors relevant to the issue, and then
awarding appropriate relief to the victim.
(B) The appropriate remedy shall include only
actions necessary to provide the victim the right to
which the victim was entitled and may include reopening
previously held proceedings; however, in no event
shall the court vacate a conviction. Any remedy shall
be tailored to provide the victim an appropriate remedy
without violating any constitutional right of the
defendant. In no event shall the appropriate remedy be
a new trial, damages, or costs.
(6) Right to be heard. Whenever a victim has the right

to be heard, the court shall allow the victim to exercise
the right in any reasonable manner the victim chooses.
(7) Right to attend trial. A party must file a written
motion to exclude a victim from trial at least 60 days
prior to the date set for trial. The motion must state with
specificity the reason exclusion is necessary to protect a
constitutional right of the party, and must contain an
offer of proof. The court shall rule on the motion within
30 days. If the motion is granted, the court shall set
forth on the record the facts that support its finding that
the victim's testimony will be materially affected if the
victim hears other testimony at trial.
(8) Right to have advocate present. A party who intends
to call an advocate as a witness must seek permission of
the court before the subpoena is issued. The party must
file a written motion and offer of proof regarding the
anticipated testimony of the advocate in sufficient time to
allow the court to rule and the victim to seek appellate
review. The court shall rule on the motion without delay.
(9) Right to notice and hearing before disclosure of
confidential or privileged information or records. A
defendant who seeks to subpoena records of or concerning
the victim that are confidential or privileged by law must
seek permission of the court before the subpoena is issued.
The defendant must file a written motion and an offer of
proof regarding the relevance, admissibility and

materiality of the records. If the court finds by a
preponderance of the evidence that: (A) the records are not
protected by an absolute privilege and (B) the records
contain relevant, admissible, and material evidence that
is not available through other witnesses or evidence, the
court shall issue a subpoena requiring a sealed copy of the
records be delivered to the court to be reviewed in camera.
If, after conducting an in camera review of the records,
the court determines that due process requires disclosure
of any portion of the records, the court shall provide
copies of what it intends to disclose to the prosecuting
attorney and the victim. The prosecuting attorney and the
victim shall have 30 days to seek appellate review before
the records are disclosed to the defendant. The disclosure
of copies of any portion of the records to the prosecuting
attorney does not make the records subject to discovery.
(10) Right to notice of court proceedings. If the
victim is not present at a court proceeding in which a
right of the victim is at issue, the court shall ask the
prosecuting attorney whether the victim was notified of the
time, place, and purpose of the court proceeding and that
the victim had a right to be heard at the court proceeding.
If the court determines that timely notice was not given or
that the victim was not adequately informed of the nature
of the court proceeding, the court shall not rule on any
substantive issues, accept a plea, or impose a sentence and

shall continue the hearing for the time necessary to notify
the victim of the time, place and nature of the court
proceeding. The time between court proceedings shall not be
attributable to the State under Section 103-5 of the Code
of Criminal Procedure of 1963.
(11) Right to timely disposition of the case. A victim
has the right to timely disposition of the case so as to
minimize the stress, cost, and inconvenience resulting
from the victim's involvement in the case. Before ruling on
a motion to continue trial or other court proceeding, the
court shall inquire into the circumstances for the request
for the delay and, if the victim has provided written
notice of the assertion of the right to a timely
disposition, and whether the victim objects to the delay.
If the victim objects, the prosecutor shall inform the
court of the victim's objections. If the prosecutor has not
conferred with the victim about the continuance, the
prosecutor shall inform the court of the attempts to
confer. If the court finds the attempts of the prosecutor
to confer with the victim were inadequate to protect the
victim's right to be heard, the court shall give the
prosecutor at least 3 but not more than 5 business days to
confer with the victim. In ruling on a motion to continue,
the court shall consider the reasons for the requested
continuance, the number and length of continuances that
have been granted, the victim's objections and procedures

to avoid further delays. If a continuance is granted over
the victim's objection, the court shall specify on the
record the reasons for the continuance and the procedures
that have been or will be taken to avoid further delays.
(12) Right to Restitution.
(A) If the victim has asserted the right to
restitution and the amount of restitution is known at
the time of sentencing, the court shall enter the
judgment of restitution at the time of sentencing.
(B) If the victim has asserted the right to
restitution and the amount of restitution is not known
at the time of sentencing, the prosecutor shall, within
5 days after sentencing, notify the victim what
information and documentation related to restitution
is needed and that the information and documentation
must be provided to the prosecutor within 45 days after
sentencing. Failure to timely provide information and
documentation related to restitution shall be deemed a
waiver of the right to restitution. The prosecutor
shall file and serve within 60 days after sentencing a
proposed judgment for restitution and a notice that
includes information concerning the identity of any
victims or other persons seeking restitution, whether
any victim or other person expressly declines
restitution, the nature and amount of any damages
together with any supporting documentation, a

restitution amount recommendation, and the names of
any co-defendants and their case numbers. Within 30
days after receipt of the proposed judgment for
restitution, the defendant shall file any objection to
the proposed judgment, a statement of grounds for the
objection, and a financial statement. If the defendant
does not file an objection, the court may enter the
judgment for restitution without further proceedings.
If the defendant files an objection and either party
requests a hearing, the court shall schedule a hearing.
(13) Access to presentence reports.
(A) The victim may request a copy of the
presentence report prepared under the Unified Code of
Corrections from the State's Attorney. The State's
Attorney shall redact the following information before
providing a copy of the report:
(i) the defendant's mental history and
condition;
(ii) any evaluation prepared under subsection
(b) or (b-5) of Section 5-3-2; and
(iii) the name, address, phone number, and
other personal information about any other victim.
(B) The State's Attorney or the defendant may
request the court redact other information in the
report that may endanger the safety of any person.
(C) The State's Attorney may orally disclose to the

victim any of the information that has been redacted if
there is a reasonable likelihood that the information
will be stated in court at the sentencing.
(D) The State's Attorney must advise the victim
that the victim must maintain the confidentiality of
the report and other information. Any dissemination of
the report or information that was not stated at a
court proceeding constitutes indirect criminal
contempt of court.
(14) Appellate relief. If the trial court denies the
relief requested, the victim, the victim's attorney or the
prosecuting attorney may file an appeal within 30 days of
the trial court's ruling. The trial or appellate court may
stay the court proceedings if the court finds that a stay
would not violate a constitutional right of the defendant.
If the appellate court denies the relief sought, the
reasons for the denial shall be clearly stated in a written
opinion. In any appeal in a criminal case, the State may
assert as error the court's denial of any crime victim's
right in the proceeding to which the appeal relates.
(15) Limitation on appellate relief. In no case shall
an appellate court provide a new trial to remedy the
violation of a victim's right.
(16) The right to be reasonably protected from the
accused throughout the criminal justice process and the
right to have the safety of the victim and the victim's

family considered in denying or fixing the amount of bail,
determining whether to release the defendant, and setting
conditions of release after arrest and conviction. A victim
of domestic violence, a sexual offense, or stalking may
request the entry of a protective order under Article 112A
of the Code of Criminal Procedure of 1963.
(d)(1) The Prisoner Review Board shall inform a victim or
any other concerned citizen, upon written request, of the
prisoner's release on parole, mandatory supervised release,
electronic detention, work release, international transfer or
exchange, or by the custodian, other than the Department of
Juvenile Justice, of the discharge of any individual who was
adjudicated a delinquent for a crime from State custody and by
the sheriff of the appropriate county of any such person's
final discharge from county custody. The Prisoner Review Board,
upon written request, shall provide to a victim or any other
concerned citizen a recent photograph of any person convicted
of a felony, upon his or her release from custody. The Prisoner
Review Board, upon written request, shall inform a victim or
any other concerned citizen when feasible at least 7 days prior
to the prisoner's release on furlough of the times and dates of
such furlough. Upon written request by the victim or any other
concerned citizen, the State's Attorney shall notify the person
once of the times and dates of release of a prisoner sentenced
to periodic imprisonment. Notification shall be based on the
most recent information as to victim's or other concerned

citizen's residence or other location available to the
notifying authority.
(2) When the defendant has been committed to the Department
of Human Services pursuant to Section 5-2-4 or any other
provision of the Unified Code of Corrections, the victim may
request to be notified by the releasing authority of the
approval by the court of an on-grounds pass, a supervised
off-grounds pass, an unsupervised off-grounds pass, or
conditional release; the release on an off-grounds pass; the
return from an off-grounds pass; transfer to another facility;
conditional release; escape; death; or final discharge from
State custody. The Department of Human Services shall establish
and maintain a statewide telephone number to be used by victims
to make notification requests under these provisions and shall
publicize this telephone number on its website and to the
State's Attorney of each county.
(3) In the event of an escape from State custody, the
Department of Corrections or the Department of Juvenile Justice
immediately shall notify the Prisoner Review Board of the
escape and the Prisoner Review Board shall notify the victim.
The notification shall be based upon the most recent
information as to the victim's residence or other location
available to the Board. When no such information is available,
the Board shall make all reasonable efforts to obtain the
information and make the notification. When the escapee is
apprehended, the Department of Corrections or the Department of

Juvenile Justice immediately shall notify the Prisoner Review
Board and the Board shall notify the victim.
(4) The victim of the crime for which the prisoner has been
sentenced shall receive reasonable written notice not less than
30 days prior to the parole hearing or target aftercare release
date and may submit, in writing, on film, videotape or other
electronic means or in the form of a recording prior to the
parole hearing or target aftercare release date or in person at
the parole hearing or aftercare release protest hearing or if a
victim of a violent crime, by calling the toll-free number
established in subsection (f) of this Section, information for
consideration by the Prisoner Review Board or Department of
Juvenile Justice. The victim shall be notified within 7 days
after the prisoner has been granted parole or aftercare release
and shall be informed of the right to inspect the registry of
parole decisions, established under subsection (g) of Section
3-3-5 of the Unified Code of Corrections. The provisions of
this paragraph (4) are subject to the Open Parole Hearings Act.
(5) If a statement is presented under Section 6, the
Prisoner Review Board or Department of Juvenile Justice shall
inform the victim of any order of discharge pursuant to Section
3-2.5-85 or 3-3-8 of the Unified Code of Corrections.
(6) At the written or oral request of the victim of the
crime for which the prisoner was sentenced or the State's
Attorney of the county where the person seeking parole or
aftercare release was prosecuted, the Prisoner Review Board or

Department of Juvenile Justice shall notify the victim and the
State's Attorney of the county where the person seeking parole
or aftercare release was prosecuted of the death of the
prisoner if the prisoner died while on parole or aftercare
release or mandatory supervised release.
(7) When a defendant who has been committed to the
Department of Corrections, the Department of Juvenile Justice,
or the Department of Human Services is released or discharged
and subsequently committed to the Department of Human Services
as a sexually violent person and the victim had requested to be
notified by the releasing authority of the defendant's
discharge, conditional release, death, or escape from State
custody, the releasing authority shall provide to the
Department of Human Services such information that would allow
the Department of Human Services to contact the victim.
(8) When a defendant has been convicted of a sex offense as
defined in Section 2 of the Sex Offender Registration Act and
has been sentenced to the Department of Corrections or the
Department of Juvenile Justice, the Prisoner Review Board or
the Department of Juvenile Justice shall notify the victim of
the sex offense of the prisoner's eligibility for release on
parole, aftercare release, mandatory supervised release,
electronic detention, work release, international transfer or
exchange, or by the custodian of the discharge of any
individual who was adjudicated a delinquent for a sex offense
from State custody and by the sheriff of the appropriate county

of any such person's final discharge from county custody. The
notification shall be made to the victim at least 30 days,
whenever possible, before release of the sex offender.
(e) The officials named in this Section may satisfy some or
all of their obligations to provide notices and other
information through participation in a statewide victim and
witness notification system established by the Attorney
General under Section 8.5 of this Act.
(f) To permit a crime victim of a violent crime to provide
information to the Prisoner Review Board or the Department of
Juvenile Justice for consideration by the Board or Department
at a parole hearing or before an aftercare release decision of
a person who committed the crime against the victim in
accordance with clause (d)(4) of this Section or at a
proceeding to determine the conditions of mandatory supervised
release of a person sentenced to a determinate sentence or at a
hearing on revocation of mandatory supervised release of a
person sentenced to a determinate sentence, the Board shall
establish a toll-free number that may be accessed by the victim
of a violent crime to present that information to the Board.
(Source: P.A. 98-372, eff. 1-1-14; 98-558, eff. 1-1-14; 98-756,
eff. 7-16-14; 99-413, eff. 8-20-15; 99-628, eff. 1-1-17.)
Section 20. The Stalking No Contact Order Act is amended by
changing Sections 20 and 105 as follows:

(740 ILCS 21/20)
Sec. 20. Commencement of action; filing fees.
(a) An action for a stalking no contact order is commenced:
(1) independently, by filing a petition for a stalking
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 , by filing a petition
for a stalking no contact order under the same case number
as the delinquency petition or criminal prosecution, to be
granted during pre-trial release of a defendant, with any
dispositional order issued under Section 5-710 of the
Juvenile Court Act of 1987 or as a condition of release,
supervision, conditional discharge, probation, periodic
imprisonment, parole, aftercare release, or mandatory
supervised release, or in conjunction with imprisonment or
a bond forfeiture warrant, provided that (i) the violation
is alleged in an information, complaint, indictment, or
delinquency petition on file and the alleged victim is a
person protected by this Act, and (ii) the petition, which
is filed by the State's Attorney, names a victim of the
alleged crime as a petitioner.
(b) Withdrawal or dismissal of any petition for a stalking
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 stalking 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 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. 98-558, eff. 1-1-14.)
(740 ILCS 21/105)
Sec. 105. 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
stalking no contact order shall be effective for a fixed period

of time, not to exceed 2 years. A plenary stalking no contact
order entered in conjunction with a criminal prosecution or
delinquency petition shall remain in effect as provided in
Section 112A-20 of the Code of Criminal Procedure of 1963.
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 stalking no contact order,
however, shall be terminated by a dismissal that is
accompanied by the issuance of a bond forfeiture warrant;
(3) permanent if a judgment of conviction for stalking
is entered.
(c) Any emergency or plenary order may be extended one or
more times, as required, provided that the requirements of
Section 95 or 100, 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
95, which applies only when the court is unavailable at the
close of business or on a court holiday.
(d) Any stalking 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 stalking no
contact order undermines the purposes of this Act. This Section
shall not be construed as encouraging that practice.
(Source: P.A. 96-246, eff. 1-1-10.)
Section 25. The Civil No Contact Order Act is amended by
changing Sections 202 and 216 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 , by filing a petition
for a civil no contact order under the same case number as
the delinquency petition or criminal prosecution, to be

granted during pre-trial release of a defendant, with any
dispositional order issued under Section 5-710 of the
Juvenile Court Act of 1987 or as a condition of release,
supervision, conditional discharge, probation, periodic
imprisonment, parole, aftercare release, or mandatory
supervised release, or in conjunction with imprisonment or
a bond forfeiture warrant, provided that (i) the violation
is alleged in an information, complaint, indictment, or
delinquency petition on file and the alleged victim is a
person protected by this Act, and (ii) the petition, which
is filed by the State's Attorney, names a victim of the
alleged crime as a petitioner.
(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. 98-558, eff. 1-1-14.)
(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 or
delinquency petition shall remain in effect as provided in
Section 112A-20 of the Code of Criminal Procedure of 1963.
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,
however, shall be terminated by a dismissal that is
accompanied by the issuance of a bond forfeiture warrant;
(3) until expiration of any supervision, conditional
discharge, probation, periodic imprisonment, parole,
aftercare release, 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,
aftercare release, 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.
(d-5) An extension of a plenary civil no contact order may
be granted, upon good cause shown, to remain in effect until
the civil no contact order is vacated or modified.
(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. 98-558, eff. 1-1-14.)
Section 30. The Illinois Domestic Violence Act of 1986 is
amended by changing Sections 202 and 220 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 10 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. : By filing a petition
for an order of protection, under the same case number as
the delinquency petition or criminal prosecution, to be
granted during pre-trial release of a defendant, with any
dispositional order issued under Section 5-710 of the
Juvenile Court Act of 1987 or as a condition of release,
supervision, conditional discharge, probation, periodic
imprisonment, parole, aftercare release, or mandatory
supervised release, or in conjunction with imprisonment or
a bond forfeiture warrant; provided that:
(i) the violation is alleged in an information,
complaint, indictment or delinquency petition on file,

and the alleged offender and victim are family or
household members or persons protected by this Act; and
(ii) the petition, which is filed by the State's
Attorney, names a victim of the alleged crime as a
petitioner.
(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. 98-558, eff. 1-1-14; 99-85, eff. 1-1-16; 99-718,
eff. 1-1-17; revised 10-25-16.)
(750 ILCS 60/220) (from Ch. 40, par. 2312-20)
Sec. 220. Duration and extension of orders.
(a) Duration of emergency and interim orders. Unless
re-opened or extended or voided by entry of an order of greater
duration:
(1) Emergency orders issued under Section 217 shall be
effective for not less than 14 nor more than 21 days;
(2) Interim orders shall be effective for up to 30
days.
(b) Duration of plenary orders. Except as otherwise
provided in this Section, a
(0.05) A plenary order of protection entered under this
Act shall be valid for a fixed period of time, not to
exceed two years.
(1) A plenary order of protection entered in
conjunction with another civil proceeding shall remain in
effect as follows:
(i) if entered as preliminary relief in that other
proceeding, until entry of final judgment in that other
proceeding;
(ii) if incorporated into the final judgment in
that other proceeding, until the order of protection is

vacated or modified; or
(iii) if incorporated in an order for involuntary
commitment, until termination of both the involuntary
commitment and any voluntary commitment, or for a fixed
period of time not exceeding 2 years.
(2) Duration of an A plenary order of protection
entered in conjunction with a criminal prosecution or
delinquency petition shall remain in effect as provided in
Section 112A-20 of the Code of Criminal Procedure of 1963.
follows:
(i) 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;
(ii) if in effect in conjunction with a bond
forfeiture warrant, until final disposition or an
additional period of time not exceeding 2 years; no
order of protection, however, shall be terminated by a
dismissal that is accompanied by the issuance of a bond
forfeiture warrant;
(iii) until expiration of any supervision,
conditional discharge, probation, periodic
imprisonment, parole, aftercare release, or mandatory
supervised release and for an additional period of time

thereafter not exceeding 2 years; or
(iv) until the date set by the court for expiration
of any sentence of imprisonment and subsequent parole,
aftercare release, or mandatory supervised release and
for an additional period of time thereafter not
exceeding 2 years.
(c) Computation of time. The duration of an order of
protection shall not be reduced by the duration of any prior
order of protection.
(d) Law enforcement records. When a plenary order of
protection expires upon the occurrence of a specified event,
rather than upon a specified date as provided in subsection
(b), no expiration date shall be entered in Department of State
Police records. To remove the plenary order from those records,
either party shall request the clerk of the court to file a
certified copy of an order stating that the specified event has
occurred or that the plenary order has been vacated or modified
with the Sheriff, and the Sheriff shall direct that law
enforcement records shall be promptly corrected in accordance
with the filed order.
(e) Extension of orders. Any emergency, interim or plenary
order may be extended one or more times, as required, provided
that the requirements of Section 217, 218 or 219, as
appropriate, are satisfied. If the motion for extension is
uncontested and petitioner seeks no modification of the order,
the order may be extended on the basis of 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. An extension of a plenary
order of protection may be granted, upon good cause shown, to
remain in effect until the order of protection is vacated or
modified. Extensions may be granted only in open court and not
under the provisions of subsection (c) of Section 217, which
applies only when the court is unavailable at the close of
business or on a court holiday.
(f) Termination date. Any order of protection which would
expire on a court holiday shall instead expire at the close of
the next court business day.
(g) Statement of purpose. The practice of dismissing or
suspending a criminal prosecution in exchange for the issuance
of an order of protection undermines the purposes of this Act.
This Section shall not be construed as encouraging that
practice.
(Source: P.A. 98-558, eff. 1-1-14.)