Bill Text: IL SB0558 | 2017-2018 | 100th General Assembly | Chaptered


Bill Title: Amends the Bill of Rights for Children. Makes a technical change in a Section concerning the short title.

Spectrum: Moderate Partisan Bill (Democrat 6-1)

Status: (Passed) 2018-06-29 - Public Act . . . . . . . . . 100-0597 [SB0558 Detail]

Download: Illinois-2017-SB0558-Chaptered.html



Public Act 100-0597
SB0558 EnrolledLRB100 04867 SLF 14877 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Code of Criminal Procedure of 1963 is
amended by changing Sections 112A-1.5, 112A-2.5, 112A-3,
112A-4.5, 112A-5, 112A-5.5, 112A-8, 112A-11.5, 112A-12,
112A-14, 112A-16, 112A-20, 112A-21, 112A-22, 112A-22.3,
112A-23, 112A-24, 112A-26, and 112A-28 and by adding Sections
112A-6.1, 112A-17.5, and 112A-22.1 as follows:
(725 ILCS 5/112A-1.5)
Sec. 112A-1.5. Purpose and construction. 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 constitutional rights of crime victims set
forth in Article I, Section 8.1 of the Illinois Constitution,
the purposes set forth in Section 2 of the Rights of Crime
Victims and Witnesses Act, and the use of protective orders to
implement the victim's right to be reasonably protected from
the defendant as provided in Section 4.5 of the Rights of
Victims and Witnesses Act.
(Source: P.A. 100-199, eff. 1-1-18.)
(725 ILCS 5/112A-2.5)
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) a domestic violence 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.
(Source: P.A. 100-199, eff. 1-1-18.)
(725 ILCS 5/112A-3) (from Ch. 38, par. 112A-3)
Sec. 112A-3. Definitions.
(a) In For the purposes of this Article: ,
"Advocate" means a person whose communications with the
victim are privileged under Section 8-802.1 or 8-802.2 of the
Code of Civil Procedure or Section 227 of the Illinois Domestic
Violence Act of 1986.
"Named victim" means the person named as the victim in the
delinquency petition or criminal prosecution.
"Protective order" "protective order" means a domestic
violence order of protection, a civil no contact order, or a
stalking no contact order.
(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) of this subsection (b).
(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 (3), 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" or "domestic violence order
of protection" means an ex parte or final 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 domestic violence 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 a domestic
violence 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 domestic violence 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 (10) 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 ex parte or final
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 ex parte or
final order granted under this Article, which includes a
remedy authorized by Section 112A-14.7 of this Code.
(Source: P.A. 100-199, eff. 1-1-18.)
(725 ILCS 5/112A-4.5)
Sec. 112A-4.5. Who may file petition.
(a) A petition for a domestic violence an order of
protection may be filed:
(1) by a named victim person who has been abused by a
family or household member; or
(2) by any person or by the State's Attorney on behalf
of a named victim who is 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; or .
(3) by a State's Attorney on behalf of any minor child
or dependent adult in the care of the named victim, if the
named victim does not file a petition or request the
State's Attorney file the petition.
(b) A petition for a civil no contact order may be filed:
(1) by any person who is a named 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 or by the State's Attorney on behalf of
a named victim who is 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; or .
(3) by a State's Attorney on behalf of any minor child
who is a family or household member of the named victim, if
the named victim does not file a petition or request the
State's Attorney file the petition.
(c) A petition for a stalking no contact order may be
filed:
(1) by any person who is a named victim of stalking; or
(2) by a person or by the State's Attorney on behalf of
a named victim who is a minor child or an adult who is a
victim of stalking but, because of age, disability, health,
or inaccessibility, cannot file the petition; or .
(3) by a State's Attorney on behalf of any minor child
who is a family or household member of the named victim, if
the named victim does not file a petition or request the
State's Attorney file the petition.
(d) The State's Attorney shall file a petition on behalf of
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, unless the
State's Attorney has a good faith basis to delay filing the
petition. The State's Attorney shall inform the person that the
State's Attorney will not be filing the petition at that time
and that the person may file a petition or may retain an
attorney to file the petition. The State's Attorney may file
the petition at a later date.
(d-5) (1) A person eligible to file a petition under
subsection (a), (b), or (c) of this Section may retain an
attorney to represent the petitioner on the petitioner's
request for a protective order. The attorney's representation
is limited to matters related to the petition and relief
authorized under this Article.
(2) Advocates shall be allowed to accompany the
petitioner and confer with the victim, unless otherwise
directed by the court. Advocates are not engaged in the
unauthorized practice of law when providing assistance to
the petitioner.
(e) Any petition properly filed under this Article may seek
protection for any additional persons protected by this
Article.
(Source: P.A. 100-199, eff. 1-1-18.)
(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 shall be filed in
conjunction with a delinquency petition or criminal
prosecution, or in conjunction with imprisonment or a bond
forfeiture warrant, provided the petition names a victim of the
alleged crime. The petition may include a request for an ex
parte protective order, a final protective order, or both. The
petition shall be in writing and verified or accompanied by
affidavit and shall allege that:
(1) petitioner has been abused by respondent, who is a
family or household member;
(2) respondent has engaged in non-consensual sexual
conduct or non-consensual sexual penetration, including a
single incident of non-consensual sexual conduct or
non-consensual sexual penetration with petitioner; or
(3) petitioner has been stalked by respondent.
The petition shall further set forth whether there is any
other action between the petitioner and respondent. During the
pendency of this proceeding, the petitioner and respondent have
a continuing duty to inform the court of any subsequent
proceeding for a protective order in this State or any other
state.
(a-5) The petition shall indicate whether an ex parte
protective order, a protective order, or both are requested. If
the respondent receives notice of a petition for a final
protective order and the respondent requests a continuance to
respond to the petition, the petitioner may, either orally or
in writing, request an ex parte order. petitioner has been
abused by respondent, who is a family or household member. The
petition shall further set forth whether there is any other
action between the petitioner and respondent.
(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 to or endanger the safety
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.
(Source: P.A. 100-199, eff. 1-1-18.)
(725 ILCS 5/112A-5.5)
Sec. 112A-5.5. Time for filing petition; service on
respondent, hearing on petition, and default orders.
(a) A petition for a protective order may be filed at any
time after a criminal charge or delinquency petition is filed
and before the charge or delinquency petition is dismissed, the
defendant or juvenile is acquitted, or the defendant or
juvenile 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.
(b) The request for an ex parte protective order may be
considered without notice to the respondent under Section
112A-17.5 of this Code.
(c) A summons shall be issued and served for a protective
order. The summons may be served by delivery to the respondent
personally in open court in the criminal or juvenile
delinquency proceeding, in the form prescribed by subsection
(d) of Supreme Court Rule 101, except that it shall require
respondent to answer or appear within 7 days. Attachments to
the summons shall include the petition for protective order,
supporting affidavits, if any, and any ex parte protective
order that has been issued.
(d) The summons shall be served by the sheriff or other law
enforcement officer at the earliest time available and shall
take precedence over any other summons, except those of a
similar emergency nature. Attachments to the summons shall
include the petition for protective order, supporting
affidavits, if any, and any ex parte protective order that has
been issued. Special process servers may be appointed at any
time and their designation shall not affect the
responsibilities and authority of the sheriff or other official
process servers. In a county with a population over 3,000,000,
a special process server may not be appointed if the protective
order grants the surrender of a child, the surrender of a
firearm or Firearm Owner's Identification Card, or the
exclusive possession of a shared residence.
(e) If the respondent is not served within 30 days of the
filing of the petition, the court shall schedule a court
proceeding on the issue of service. Either the petitioner, the
petitioner's counsel, or the State's Attorney shall appear and
the court shall either order continued attempts at personal
service or shall order service by publication, in accordance
with Sections 2-203, 2-206, and 2-207 of the Code of Civil
Procedure.
(f) The request for a final protective order can be
considered at any court proceeding in the delinquency or
criminal case after service of the petition. If the petitioner
has not been provided notice of the court proceeding at least
10 days in advance of the proceeding, the court shall schedule
a hearing on the petition and provide notice to the petitioner.
(g) Default orders.
(1) A final domestic violence order of protection may
be entered by default:
(A) for any of the remedies sought in the petition,
if respondent has been served with documents under
subsection (b) or (c) of this Section and if respondent
fails to appear on the specified return date or any
subsequent hearing date agreed to by the petitioner and
respondent or set by the court; or
(B) for any of the remedies provided under
paragraph (1), (2), (3), (5), (6), (7), (8), (9), (10),
(11), (14), (15), (17), or (18) of subsection (b) of
Section 112A-14 of this Code, or if the respondent
fails to answer or appear in accordance with the date
set in the publication notice or the return date
indicated on the service of a household member.
(2) A final civil no contact order may be entered by
default for any of the remedies provided in Section
112A-14.5 of this Code, if respondent has been served with
documents under subsection (b) or (c) of this Section, and
if the respondent fails to answer or appear in accordance
with the date set in the publication notice or the return
date indicated on the service of a household member.
(3) A final stalking no contact order may be entered by
default for any of the remedies provided by Section
112A-14.7 of this Code, if respondent has been served with
documents under subsection (b) or (c) of this Section and
if the respondent fails to answer or appear in accordance
with the date set in the publication notice or the return
date indicated on the service of a household member.
(Source: P.A. 100-199, eff. 1-1-18.)
(725 ILCS 5/112A-6.1 new)
Sec. 112A-6.1. Application of rules of civil procedure;
criminal law.
(a) Any proceeding to obtain, modify, re-open, or appeal a
protective order and service of pleadings and notices shall be
governed by the rules of civil procedure of this State. The
Code of Civil Procedure and Supreme Court and local court rules
applicable to civil proceedings shall apply, except as
otherwise provided by law. Civil law on venue, discovery, and
penalties for untrue statements shall not apply to protective
order proceedings heard under this Article.
(b) Criminal law on discovery, venue, and penalties for
untrue statements apply to protective order proceedings under
this Article.
(c) Court proceedings related to the entry of a protective
order and the determination of remedies shall not be used to
obtain discovery that would not otherwise be available in a
criminal prosecution or juvenile delinquency case.
(725 ILCS 5/112A-8) (from Ch. 38, par. 112A-8)
Sec. 112A-8. Subject matter jurisdiction. Each of the
circuit courts shall have the power to issue protective orders
of protection.
(Source: P.A. 84-1305.)
(725 ILCS 5/112A-11.5)
Sec. 112A-11.5. Issuance of protective order.
(a) Except as provided in subsection (a-5) of this Section,
the 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.
(a-5) The respondent may rebut prima facie evidence of the
crime under paragraph (1) of subsection (a) of this Section by
presenting evidence of a meritorious defense. The respondent
shall file a written notice alleging a meritorious defense
which shall be verified and supported by affidavit. The
verified notice and affidavit shall set forth the evidence that
will be presented at a hearing. If the court finds that the
evidence presented at the hearing establishes a meritorious
defense by a preponderance of the evidence, the court may
decide not to issue a protective order.
(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.
(d) If the court issues a final protective order under this
Section, the court shall afford the petitioner and respondent
an opportunity to be heard on the remedies requested in the
petition.
(Source: P.A. 100-199, eff. 1-1-18.)
(725 ILCS 5/112A-12) (from Ch. 38, par. 112A-12)
Sec. 112A-12. Transfer of issues not decided in cases
involving domestic violence.
(a) (Blank).
(a-5) A petition for a domestic violence order of
protection shall be treated as an expedited proceeding, and no
court shall transfer or otherwise decline to decide all or part
of the petition, except as otherwise provided in this Section.
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 and possession of a minor child, temporary
allocation of parental responsibilities or significant
decision-making responsibility, parenting time, 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, state or concealment
within the State 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. 100-199, eff. 1-1-18.)
(725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14)
Sec. 112A-14. Domestic violence order Order of protection;
remedies.
(a) (Blank).
(b) The court may order any of the remedies listed in this
subsection (b). The remedies listed in this subsection (b)
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 domestic violence 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 a domestic violence 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 a
domestic violence 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 respondent is charged with abuse (as defined in
Section 112A-3 of this Code) 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 allocation of parental responsibilities
and significant decision-making responsibilities legal
custody. Award temporary significant decision-making
responsibility 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 respondent is charged with abuse (as defined in
Section 112A-3 of this Code) of a minor child, there shall
be a rebuttable presumption that awarding temporary
significant decision-making responsibility legal custody
to respondent would not be in the child's best interest.
(7) Parenting time Visitation. Determine the parenting
time visitation rights, if any, of respondent in any case
in which the court awards physical care or temporary
significant decision-making responsibility legal custody
of a minor child to petitioner. The court shall restrict or
deny respondent's parenting time 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
parenting time visitation;
(ii) use the parenting time 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 603.10 607.1 of the Illinois Marriage and
Dissolution of Marriage Act. If the court grants parenting
time visitation, the order shall specify dates and times
for the parenting time visitation to take place or other
specific parameters or conditions that are appropriate. No
order for parenting time visitation shall refer merely to
the term "reasonable parenting time" "reasonable
visitation". Petitioner may deny respondent access to the
minor child if, when respondent arrives for parenting time
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
parenting time visitation, and the petitioner and
respondent parties shall submit to the court their
recommendations for reasonable alternative arrangements
for parenting time visitation. A person may be approved to
supervise parenting time 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 petitioner and respondent 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 petitioner and respondent 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 over whom the petitioner has been
allocated parental responsibility 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 of a child or custody, prior to entry of an
order allocating significant decision-making
responsibility for legal custody. Such a support order
shall expire upon entry of a valid order allocating
parental responsibility differently and vacating
petitioner's significant decision-making responsibility
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 domestic
violence 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 domestic violence 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
domestic violence 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 domestic violence 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 a domestic
violence 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
of this Code, 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.
(18) Telephone services.
(A) Unless a condition described in subparagraph
(B) of this paragraph exists, the court may, upon
request by the petitioner, order a wireless telephone
service provider to transfer to the petitioner the
right to continue to use a telephone number or numbers
indicated by the petitioner and the financial
responsibility associated with the number or numbers,
as set forth in subparagraph (C) of this paragraph. In
For purposes of this paragraph (18), the term "wireless
telephone service provider" means a provider of
commercial mobile service as defined in 47 U.S.C. 332.
The petitioner may request the transfer of each
telephone number that the petitioner, or a minor child
in his or her custody, uses. The clerk of the court
shall serve the order on the wireless telephone service
provider's agent for service of process provided to the
Illinois Commerce Commission. The order shall contain
all of the following:
(i) The name and billing telephone number of
the account holder including the name of the
wireless telephone service provider that serves
the account.
(ii) Each telephone number that will be
transferred.
(iii) A statement that the provider transfers
to the petitioner all financial responsibility for
and right to the use of any telephone number
transferred under this paragraph.
(B) A wireless telephone service provider shall
terminate the respondent's use of, and shall transfer
to the petitioner use of, the telephone number or
numbers indicated in subparagraph (A) of this
paragraph unless it notifies the petitioner, within 72
hours after it receives the order, that one of the
following applies:
(i) The account holder named in the order has
terminated the account.
(ii) A difference in network technology would
prevent or impair the functionality of a device on
a network if the transfer occurs.
(iii) The transfer would cause a geographic or
other limitation on network or service provision
to the petitioner.
(iv) Another technological or operational
issue would prevent or impair the use of the
telephone number if the transfer occurs.
(C) The petitioner assumes all financial
responsibility for and right to the use of any
telephone number transferred under this paragraph. In
this paragraph, "financial responsibility" includes
monthly service costs and costs associated with any
mobile device associated with the number.
(D) A wireless telephone service provider may
apply to the petitioner its routine and customary
requirements for establishing an account or
transferring a number, including requiring the
petitioner to provide proof of identification,
financial information, and customer preferences.
(E) Except for willful or wanton misconduct, a
wireless telephone service provider is immune from
civil liability for its actions taken in compliance
with a court order issued under this paragraph.
(F) All wireless service providers that provide
services to residential customers shall provide to the
Illinois Commerce Commission the name and address of an
agent for service of orders entered under this
paragraph (18). Any change in status of the registered
agent must be reported to the Illinois Commerce
Commission within 30 days of such change.
(G) The Illinois Commerce Commission shall
maintain the list of registered agents for service for
each wireless telephone service provider on the
Commission's website. The Commission may consult with
wireless telephone service providers and the Circuit
Court Clerks on the manner in which this information is
provided and displayed.
(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 relocated 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 (c), 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 (c).
(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).
(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, the Illinois Public Aid Code, Section 12 of the
Vital Records Act, the Juvenile Court Act of 1987, the
Probate Act of 1975, the Uniform Interstate Family Support
Act, the Expedited Child Support Act of 1990, any judicial,
administrative, or other act of another state or territory,
any other statute of this State, or by any foreign nation
establishing the father and child relationship, any other
proceeding substantially in conformity with the federal
Personal Responsibility and Work Opportunity
Reconciliation Act of 1996, or when both parties appeared
in open court or at an administrative hearing acknowledging
under oath or admitting by affirmation the existence of a
father and child relationship on and after the effective
date of that Act. Absent such an adjudication, no putative
father shall be granted temporary allocation of parental
responsibilities, including parenting time 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 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 Respondent was voluntarily intoxicated;
(3) petitioner 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 Petitioner did not act in self-defense
or defense of another;
(5) petitioner Petitioner left the residence or
household to avoid further abuse by respondent;
(6) petitioner Petitioner did not leave the residence
or household to avoid further abuse by respondent; or
(7) conduct 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. 99-85, eff. 1-1-16; 100-199, eff. 1-1-18;
100-388, eff. 1-1-18; revised 10-10-17.)
(725 ILCS 5/112A-16) (from Ch. 38, par. 112A-16)
Sec. 112A-16. Accountability for Actions of Others. For the
purposes of issuing a domestic violence an order of protection,
deciding what remedies should be included and enforcing the
order, Article 5 of the Criminal Code of 2012 shall govern
whether respondent is legally accountable for the conduct of
another person.
(Source: P.A. 97-1150, eff. 1-25-13.)
(725 ILCS 5/112A-17.5 new)
Sec. 112A-17.5. Ex parte protective orders.
(a) The petitioner may request expedited consideration of
the petition for an ex parte protective order. The court shall
consider the request on an expedited basis without requiring
the respondent's presence or requiring notice to the
respondent.
(b) Issuance of ex parte protective orders in cases
involving domestic violence. An ex parte domestic violence
order of protection shall be issued if petitioner satisfies the
requirements of this subsection (b) for one or more of the
requested remedies. For each remedy requested, petitioner
shall establish that:
(1) the court has jurisdiction under Section 112A-9 of
this Code;
(2) the requirements of subsection (a) of Section
112A-11.5 of this Code are satisfied; and
(3) there is good cause to grant the remedy, regardless
of prior service of process or notice upon the respondent,
because:
(A) for the remedy of prohibition of abuse
described in paragraph (1) of subsection (b) of Section
112A-14 of this Code; stay away order and additional
prohibitions described in paragraph (3) of subsection
(b) of Section 112A-14 of this Code; removal or
concealment of minor child described in paragraph (8)
of subsection (b) of Section 112A-14 of this Code;
order to appear described in paragraph (9) of
subsection (b) of Section 112A-14 of this Code;
physical care and possession of the minor child
described in paragraph (5) of subsection (b) of Section
112A-14 of this Code; protection of property described
in paragraph (11) of subsection (b) of Section 112A-14
of this Code; prohibition of entry described in
paragraph (14) of subsection (b) of Section 112A-14 of
this Code; prohibition of firearm possession described
in paragraph (14.5) of subsection (b) of Section
112A-14 of this Code; prohibition of access to records
described in paragraph (15) of subsection (b) of
Section 112A-14 of this Code; injunctive relief
described in paragraph (16) of subsection (b) of
Section 112A-14 of this Code; and telephone services
described in paragraph (18) of subsection (b) of
Section 112A-14 of this Code, the harm which that
remedy is intended to prevent would be likely to occur
if the respondent were given any prior notice, or
greater notice than was actually given, of the
petitioner's efforts to obtain judicial relief;
(B) for the remedy of grant of exclusive possession
of residence described in paragraph (2) of subsection
(b) of Section 112A-14 of this Code; the immediate
danger of further abuse of the petitioner by the
respondent, if the petitioner chooses or had chosen to
remain in the residence or household while the
respondent was given any prior notice or greater notice
than was actually given of the petitioner's efforts to
obtain judicial relief outweighs the hardships to the
respondent of an emergency order granting the
petitioner exclusive possession of the residence or
household; and the remedy shall not be denied because
the petitioner has or could obtain temporary shelter
elsewhere while prior notice is given to the
respondent, unless the hardship to the respondent from
exclusion from the home substantially outweigh the
hardship to the petitioner; or
(C) for the remedy of possession of personal
property described in paragraph (10) of subsection (b)
of Section 112A-14 of this Code; improper disposition
of the personal property would be likely to occur if
the respondent were given any prior notice, or greater
notice than was actually given, of the petitioner's
efforts to obtain judicial relief or the petitioner has
an immediate and pressing need for the possession of
that property.
An ex parte domestic violence order of protection may not
include the counseling, custody, or payment of support or
monetary compensation remedies provided by paragraphs (4),
(12), (13), and (16) of subsection (b) of Section 112A-14 of
this Code.
(c) Issuance of ex parte civil no contact order in cases
involving sexual offenses. An ex parte civil no contact order
shall be issued if the petitioner establishes that:
(1) the court has jurisdiction under Section 112A-9 of
this Code;
(2) the requirements of subsection (a) of Section
112A-11.5 of this Code are satisfied; and
(3) there is good cause to grant the remedy, regardless
of prior service of process or of notice upon the
respondent, because the harm which that remedy is intended
to prevent would be likely to occur if the respondent were
given any prior notice, or greater notice than was actually
given, of the petitioner's efforts to obtain judicial
relief.
The court may order any of the remedies under Section
112A-14.5 of this Code.
(d) Issuance of ex parte stalking no contact order in cases
involving stalking offenses. An ex parte stalking no contact
order shall be issued if the petitioner establishes that:
(1) the court has jurisdiction under Section 112A-9 of
this Code;
(2) the requirements of subsection (a) of Section
112A-11.5 of this Code are satisfied; and
(3) there is good cause to grant the remedy, regardless
of prior service of process or of notice upon the
respondent, because the harm which that remedy is intended
to prevent would be likely to occur if the respondent were
given any prior notice, or greater notice than was actually
given, of the petitioner's efforts to obtain judicial
relief.
The court may order any of the remedies under Section
112A-14.7 of this Code.
(e) Issuance of ex parte protective orders on court
holidays and evenings.
When the court is unavailable at the close of business, the
petitioner may file a petition for an ex parte protective order
before any available circuit judge or associate judge who may
grant relief under this Article. If the judge finds that
petitioner has satisfied the prerequisites in subsection (b),
(c), or (d) of this Section, the judge shall issue an ex parte
protective order.
The chief judge of the circuit court may designate for each
county in the circuit at least one judge to be reasonably
available to issue orally, by telephone, by facsimile, or
otherwise, an ex parte protective order at all times, whether
or not the court is in session.
The judge who issued the order under this Section shall
promptly communicate or convey the order to the sheriff to
facilitate the entry of the order into the Law Enforcement
Agencies Data System by the Department of State Police under
Section 112A-28 of this Code. Any order issued under this
Section and any documentation in support of it shall be
certified on the next court day to the appropriate court. The
clerk of that court shall immediately assign a case number,
file the petition, order, and other documents with the court
and enter the order of record and file it with the sheriff for
service under subsection (f) of this Section. Failure to comply
with the requirements of this subsection (e) shall not affect
the validity of the order.
(f) Service of ex parte protective order on respondent.
(1) If an ex parte protective order is entered at the
time a summons or arrest warrant is issued for the criminal
charge, the petition for the protective order, any
supporting affidavits, if any, and the ex parte protective
order that has been issued shall be served with the summons
or arrest warrant. The enforcement of a protective order
under Section 112A-23 of this Code shall not be affected by
the lack of service or delivery, provided the requirements
of subsection (a) of Section 112A-23 of this Code are
otherwise met.
(2) If an ex parte protective order is entered after a
summons or arrest warrant is issued and before the
respondent makes an initial appearance in the criminal
case, the summons shall be in the form prescribed by
subsection (d) of Supreme Court Rule 101, except that it
shall require respondent to answer or appear within 7 days
and shall be accompanied by the petition for the protective
order, any supporting affidavits, if any, and the ex parte
protective order that has been issued.
(3) If an ex parte protective order is entered after
the respondent has been served notice of a petition for a
final protective order and the respondent has requested a
continuance to respond to the petition, the ex parte
protective order shall be served: (A) in open court if the
respondent is present at the proceeding at which the order
was entered; or (B) by summons in the form prescribed by
subsection (d) of Supreme Court Rule 101.
(4) No fee shall be charged for service of summons.
(5) The summons shall be served by the sheriff or other
law enforcement officer at the earliest time and shall take
precedence over other summonses except those of a similar
emergency nature. Special process servers may be appointed
at any time, and their designation shall not affect the
responsibilities and authority of the sheriff or other
official process servers. In a county with a population
over 3,000,000, a special process server may not be
appointed if an ex parte protective order grants the
surrender of a child, the surrender of a firearm or Firearm
Owner's Identification Card, or the exclusive possession
of a shared residence. Process may be served in court.
(g) Upon 7 days' notice to the petitioner, or a shorter
notice period as the court may prescribe, a respondent subject
to an ex parte protective order may appear and petition the
court to re-hear the 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 ex parte protective order was
entered under Section 112A-17.5 of this Code; 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.
The verified petition and affidavit shall set forth the
evidence of the meritorious defense that will be presented at a
hearing. If the court finds that the evidence presented at the
hearing on the petition establishes a meritorious defense by a
preponderance of the evidence, the court may decide to vacate
the protective order or modify the remedies.
(h) If the ex parte protective 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 petitioner and
the respondent. Other issues raised by the pleadings may be
consolidated for the hearing if the petitioner, the respondent,
and the court do not object.
(i) Duration of ex parte protective order. An ex parte
order shall remain in effect until the court considers the
request for a final protective order after notice has been
served on the respondent or a default final protective order is
entered, whichever occurs first. If a court date is scheduled
for the issuance of a default protective order and the
petitioner fails to personally appear or appear through counsel
or the prosecuting attorney, the petition shall be dismissed
and the ex parte order terminated.
(725 ILCS 5/112A-20) (from Ch. 38, par. 112A-20)
Sec. 112A-20. Duration and extension of final protective
orders.
(a) (Blank).
(b) A final protective order 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 domestic violence 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 domestic violence orders of
protection and civil no contact orders; 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 domestic violence orders of protection and civil no
contact orders; and
(5) permanent for a stalking no contact order if a
judgment of conviction for stalking is entered.
(c) Computation of time. The duration of a domestic
violence an order of protection shall not be reduced by the
duration of any prior domestic violence order of protection.
(d) Law enforcement records. When a protective order
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 order from those records,
either the petitioner or the respondent 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 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 domestic violence 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. The
petitioner, petitioner's counsel, or the State's Attorney on
the petitioner's behalf shall file the motion for an extension
of the final 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, or
subsection (c) of Section 105 of the Stalking No Contact Order
as appropriate.
(f) Termination date. Any final protective 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 a
protective an order of protection undermines the purposes of
this Article. This Section shall not be construed as
encouraging that practice.
(Source: P.A. 100-199, eff. 1-1-18.)
(725 ILCS 5/112A-21) (from Ch. 38, par. 112A-21)
Sec. 112A-21. Contents of orders.
(a) Any domestic violence 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 of this Code. Remedies set forth
in pre-printed form for domestic violence orders shall be
numbered consistently with and corresponding to the
numerical sequence of remedies listed in Section 112A-14 of
this Code (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 of this Code.
(b) A domestic violence 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, 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 Code 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 domestic violence order of
protection was issued.
(4) (Blank).
(5) (Blank).
(6) (Blank).
(c) Any domestic violence order of protection shall include
the following notice, printed in conspicuous type:
"Any knowing violation of a domestic violence 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 for a
first offense, and a Class 4 felony for persons with a
prior conviction for certain offenses under subsection (d)
of Section 12-3.4 of the Criminal Code of 2012. 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).
(e) A domestic violence An 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. 100-199, eff. 1-1-18.)
(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 protective
order of protection, the clerk shall immediately, or on the
next court day if an ex parte order is issued under subsection
(e) of Section 112A-17.5 of this Code, (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 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, on the same day that a protective order 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 under subsection (e) of Section 112A-17.5
of this Code, the clerk on the next court day shall file a
certified copy of the order with the sheriff or other law
enforcement officials charged with maintaining Department of
State Police records.
(c) (Blank).
(c-2) 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 the 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-22.1
of this Code may serve the respondent with a short form
notification as provided in Section 112A-22.1 of this Code. If
process has not yet been served upon the respondent, process
shall be served with the order or short form notification if
the service is made by the sheriff, other law enforcement
official, or special process server.
(c-3) If the person against whom the protective order is
issued is arrested and the written order is issued under
subsection (e) of Section 112A-17.5 of this Code and received
by the custodial law enforcement agency before the respondent
or arrestee is released from custody, the custodial law
enforcement agency 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 a hearing on the
petition for protective order or receipt of the order issued
under Section 112A-17 of this Code.
(c-4) Extensions, modifications, and revocations. Any
order extending, modifying, or revoking any protective order
shall be promptly recorded, issued, and served as provided in
this Section.
(c-5) (Blank).
(d) (Blank).
(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 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 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, 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
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 in the records of a child who is a protected
person under the protective order, 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, 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, the
clerk of the issuing judge shall send a certified copy of the
protective order 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 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 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 in the records of a child who is a
protected person under the order. When a child who is a
protected person under the protective order 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, along with a
certified copy of the order, to the institution to which the
child is transferring.
(Source: P.A. 100-199, eff. 1-1-18.)
(725 ILCS 5/112A-22.1 new)
Sec. 112A-22.1. Short form notification.
(a) Instead of personal service of a protective order under
Section 112A-22 of this Code, a sheriff, other law enforcement
official, special process server, or personnel assigned by the
Department of Corrections or Department of Juvenile Justice to
investigate the alleged misconduct of committed persons or
alleged violations of the person's conditions of parole,
aftercare release, or mandatory supervised release, may serve a
respondent with a short form notification. The short form
notification shall include the following:
(1) Respondent's name.
(2) Respondent's date of birth, if known.
(3) Petitioner's name.
(4) Names of other protected parties.
(5) Date and county in which the protective order was
filed.
(6) Court file number.
(7) Hearing date and time, if known.
(8) Conditions that apply to the respondent, either in
checklist form or handwritten.
(b) The short form notification shall contain the following
notice in bold print:
"The order is now enforceable. You must report to the
office of the sheriff or the office of the circuit court in
(name of county) County to obtain a copy of the order. You are
subject to arrest and may be charged with a misdemeanor or
felony if you violate any of the terms of the order."
(c) Upon verification of the identity of the respondent and
the existence of an unserved order against the respondent, a
sheriff or other law enforcement official may detain the
respondent for a reasonable time necessary to complete and
serve the short form notification.
(d) When service is made by short form notification under
this Section, it may be proved by the affidavit of the person
making the service.
(e) The Attorney General shall make the short form
notification form available to law enforcement agencies in this
State.
(725 ILCS 5/112A-22.3)
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, petitioner's
counsel, or the State's Attorney on behalf 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.
(Source: P.A. 100-199, eff. 1-1-18.)
(725 ILCS 5/112A-23) (from Ch. 38, par. 112A-23)
Sec. 112A-23. Enforcement of protective orders.
(a) When violation is crime. A violation of any protective
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 a
domestic violence 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 of this Code,
(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 a domestic violence 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 domestic
violence 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 of this Code,
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
domestic violence 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, 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 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 issued in another state. Illinois courts may enforce
protective orders 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 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 of this Code 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 of this Code 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 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).
(2) (Blank).
(3) By service of a protective an order of protection
under subsection (f) of Section 112A-17.5 or Section
112A-22 of this Code.
(4) By other means demonstrating actual knowledge of
the contents of the order.
(e) The enforcement of a protective 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 of this Code.
(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 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 (g), 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 (g).
(3) To the extent permitted by law, the court is
encouraged to:
(i) increase the penalty for the knowing violation
of any protective order over any penalty previously
imposed by any court for respondent's violation of any
protective order or penal statute involving petitioner
as victim and respondent as defendant;
(ii) impose a minimum penalty of 24 hours
imprisonment for respondent's first violation of any
protective order; and
(iii) impose a minimum penalty of 48 hours
imprisonment for respondent's second or subsequent
violation of a protective order
unless the court explicitly finds that an increased penalty
or that period of imprisonment would be manifestly unjust.
(4) In addition to any other penalties imposed for a
violation of a protective order, a criminal court may
consider evidence of any violations of a protective order:
(i) to increase, revoke, or modify the bail bond on
an underlying criminal charge pursuant to Section
110-6 of this Code;
(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; 100-199, eff. 1-1-18.)
(725 ILCS 5/112A-24) (from Ch. 38, par. 112A-24)
Sec. 112A-24. Modification, re-opening, and extension of
orders.
(a) Except as otherwise provided in this Section, upon
motion by petitioner, petitioner's counsel, or the State's
Attorney on behalf of the petitioner, the court may modify a
protective order:
(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 Code 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;
(ii) not requested for inclusion in that
protective order; or
(iii) denied on procedural grounds, but not on the
merits.
(a-5) A petitioner, petitioner's counsel, or the State's
Attorney on the petitioner's behalf may file a motion to vacate
or modify a final 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, petitioner's counsel,
State's Attorney, or respondent, the court may modify any prior
domestic violence 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
order, a court may modify that order only when changes in the
applicable law or facts since that final plenary order was
entered warrant a modification of its terms.
(d) (Blank).
(e) (Blank).
(f) (Blank).
(g) This Section does not limit the means, otherwise
available by law, for vacating or modifying protective orders.
(Source: P.A. 100-199, eff. 1-1-18.)
(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 a domestic violence 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 order 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. 100-199, eff. 1-1-18.)
(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 issued by the court,
and any foreign protective orders of protection filed by the
clerk of the court, and transmitted to the sheriff by the clerk
of the court. Each protective order shall be entered in the Law
Enforcement Agencies Data System on the same day it is issued
by the court.
(b) The Department of State Police shall maintain a
complete and systematic record and index of all valid and
recorded protective orders issued or filed under 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 of any recorded prior
incident of abuse involving the abused party and the effective
dates and terms of any recorded protective order.
(c) The data, records and transmittals required under this
Section shall pertain to:
(1) any valid emergency, interim or plenary domestic
violence order of protection, civil no contact or stalking
no contact order issued in a civil proceeding; and
(2) any valid ex parte or final protective order issued
in a criminal proceeding or authorized under the laws of
another state, tribe, or United States territory.
(Source: P.A. 100-199, eff. 1-1-18.)
Section 99. Effective date. This Act takes effect upon
becoming law.
feedback