Bill Text: IL SB3044 | 2025-2026 | 104th General Assembly | Enrolled

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Bill Title: Amends the Criminal Code of 2012, the Protective Orders Article of the Code of Criminal Procedure of 1963, Stalking No Contact Order Act, the Civil No Contact Order Act, and the Illinois Domestic Violence Act of 1986. Provides that a respondent alleged to have violated a plenary order of protection is presumed to have actual knowledge of the contents of the order if: (1) the respondent has been served with a summons that includes specified language, (2) the respondent has been served with the petition for the protective order, (3) the respondent has been held in default in the order of protection proceeding, and (4) the respondent has been served with an emergency protective order in the same proceeding that grants the same remedy, including any specifics, that the respondent is alleged to have violated. Effective January 1, 2028.

Sponsorship: Slight Partisan Bill (Democrat 14-6)

Status: (Enrolled) 2026-06-29 - Sent to the Governor [SB3044 Detail]

Download: Illinois-2025-SB3044-Enrolled.html

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AN ACT concerning domestic violence.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Code of 2012 is amended by
changing Sections 12-3.4, 12-3.8, and 12-3.9 as follows:
(720 ILCS 5/12-3.4) (was 720 ILCS 5/12-30)
Sec. 12-3.4. Violation of an order of protection.
(a) A person commits violation of an order of protection
if:
(1) He or she knowingly commits an act which was
prohibited by a court or fails to commit an act which was
ordered by a court in violation of:
(i) a remedy in a valid order of protection
authorized under paragraphs (1), (2), (3), (14), or
(14.5) of subsection (b) of Section 214 of the
Illinois Domestic Violence Act of 1986,
(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,

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(iii) any other remedy when the act constitutes a
crime against the protected parties as the term
protected parties is defined in Section 112A-4 of the
Code of Criminal Procedure of 1963; and
(2) Such violation occurs after the offender has been
served notice of the contents of the order, pursuant to
the Illinois Domestic Violence Act of 1986 or any
substantially similar statute of another state, tribe or
United States territory, or otherwise has acquired actual
knowledge of the contents of the order.
A person alleged to have violated a plenary order of
protection is presumed to have actual knowledge of the
contents of the order if:
(i) the person has been served with a summons that
includes the language set forth in paragraph (3) of
subsection (a) of Section 210 of the Illinois Domestic
Violence Act of 1986 or paragraph (2) of subsection (c) of
Section 112A-5.5 of the Code of Criminal Procedure of
1963;
(ii) the person has been served with the petition for
the order of protection;
(iii) the person has been held in default in the order
of protection proceeding; and
(iv) the person has been served with an emergency
order of protection in the same proceeding that grants the
same remedy, including any specifics, that the person is

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alleged to have violated.
An order of protection issued by a state, tribal or
territorial court related to domestic or family violence shall
be deemed valid if the issuing court had jurisdiction over the
parties and matter under the law of the state, tribe or
territory. There shall be a presumption of validity where an
order is certified and appears authentic on its face. For
purposes of this Section, an "order of protection" may have
been issued in a criminal or civil proceeding.
(a-5) Failure to provide reasonable notice and opportunity
to be heard shall be an affirmative defense to any charge or
process filed seeking enforcement of a foreign order of
protection.
(b) Nothing in this Section shall be construed to diminish
the inherent authority of the courts to enforce their lawful
orders through civil or criminal contempt proceedings.
(c) The limitations placed on law enforcement liability by
Section 305 of the Illinois Domestic Violence Act of 1986
apply to actions taken under this Section.
(d) Violation of an order of protection is a Class A
misdemeanor. Violation of an order of protection is a Class 4
felony if the defendant has any prior conviction under this
Code for domestic battery (Section 12-3.2) or violation of an
order of protection (Section 12-3.4 or 12-30) or any prior
conviction under the law of another jurisdiction for an
offense that could be charged in this State as a domestic

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battery or violation of an order of protection. Violation of
an order of protection is a Class 4 felony if the defendant has
any prior conviction under this Code for first degree murder
(Section 9-1), attempt to commit first degree murder (Section
8-4), aggravated domestic battery (Section 12-3.3), aggravated
battery (Section 12-3.05 or 12-4), heinous battery (Section
12-4.1), aggravated battery with a firearm (Section 12-4.2),
aggravated battery with a machine gun or a firearm equipped
with a silencer (Section 12-4.2-5), aggravated battery of a
child (Section 12-4.3), aggravated battery of an unborn child
(subsection (a-5) of Section 12-3.1, or Section 12-4.4),
aggravated battery of a senior citizen (Section 12-4.6),
stalking (Section 12-7.3), aggravated stalking (Section
12-7.4), criminal sexual assault (Section 11-1.20 or 12-13),
aggravated criminal sexual assault (Section 11-1.30 or 12-14),
kidnapping (Section 10-1), aggravated kidnapping (Section
10-2), predatory criminal sexual assault of a child (Section
11-1.40 or 12-14.1), aggravated criminal sexual abuse (Section
11-1.60 or 12-16), unlawful restraint (Section 10-3),
aggravated unlawful restraint (Section 10-3.1), aggravated
arson (Section 20-1.1), aggravated discharge of a firearm
(Section 24-1.2), or a violation of any former law of this
State that is substantially similar to any listed offense, or
any prior conviction under the law of another jurisdiction for
an offense that could be charged in this State as one of the
offenses listed in this Section, when any of these offenses

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have been committed against a family or household member as
defined in Section 112A-3 of the Code of Criminal Procedure of
1963. The court shall impose a minimum penalty of 24 hours
imprisonment for defendant's second or subsequent violation of
any order of protection; unless the court explicitly finds
that an increased penalty or such period of imprisonment would
be manifestly unjust. In addition to any other penalties, the
court may order the defendant to pay a fine as authorized under
Section 5-9-1 of the Unified Code of Corrections or to make
restitution to the victim under Section 5-5-6 of the Unified
Code of Corrections.
(e) (Blank).
(f) A defendant who directed the actions of a third party
to violate this Section, under the principles of
accountability set forth in Article 5 of this Code, is guilty
of violating this Section as if the same had been personally
done by the defendant, without regard to the mental state of
the third party acting at the direction of the defendant.
(Source: P.A. 100-987, eff. 7-1-19.)
(720 ILCS 5/12-3.8)
Sec. 12-3.8. Violation of a civil no contact order.
(a) A person commits violation of a civil no contact order
if:
(1) he or she knowingly commits an act which was
prohibited by a court or fails to commit an act which was

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ordered in violation of:
(A) a remedy of a valid civil no contact order
authorized under Section 213 of the Civil No Contact
Order Act or Section 112A-14.5 of the Code of Criminal
Procedure of 1963; or
(B) a remedy, which is substantially similar to
the remedies authorized under Section 213 of the Civil
No Contact Order Act or Section 112A-14.5 of the Code
of Criminal Procedure of 1963, or in a valid civil no
contact order, which is authorized under the laws of
another state, tribe, or United States territory; and
(2) the violation occurs after the offender has been
served notice of the contents of the order under the Civil
No Contact Order Act, Article 112A of the Code of Criminal
Procedure of 1963, or any substantially similar statute of
another state, tribe, or United States territory, or
otherwise has acquired actual knowledge of the contents of
the order.
A person alleged to have violated a civil no contact order
is presumed to have actual knowledge of the contents of the
order if:
(i) the person has been served with a summons that
includes the language set forth in paragraph (3) of
subsection (a) of Section 208 of the Civil No Contact
Order Act or paragraph (2) of subsection (c) of Section
112A-5.5 of the Code of Criminal Procedure of 1963;

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(ii) the person has been served with the petition for
the civil no contact order;
(iii) the person has been held in default in the civil
no contact proceeding; and
(iv) the person has been served with an emergency
order in the same proceeding that grants the same remedy,
including any specifics, that the person is alleged to
have violated.
A civil no contact order issued by a state, tribal, or
territorial court shall be deemed valid if the issuing court
had jurisdiction over the parties and matter under the law of
the state, tribe, or territory. There shall be a presumption
of validity when an order is certified and appears authentic
on its face.
(a-3) For purposes of this Section, a "civil no contact
order" may have been issued in a criminal or civil proceeding.
(a-5) Failure to provide reasonable notice and opportunity
to be heard shall be an affirmative defense to any charge or
process filed seeking enforcement of a foreign civil no
contact order.
(b) Prosecution for a violation of a civil no contact
order shall not bar a concurrent prosecution for any other
crime, including any crime that may have been committed at the
time of the violation of the civil no contact order.
(c) Nothing in this Section shall be construed to diminish
the inherent authority of the courts to enforce their lawful

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orders through civil or criminal contempt proceedings.
(d) A defendant who directed the actions of a third party
to violate this Section, under the principles of
accountability set forth in Article 5 of this Code, is guilty
of violating this Section as if the same had been personally
done by the defendant, without regard to the mental state of
the third party acting at the direction of the defendant.
(e) Sentence. A violation of a civil no contact order is a
Class A misdemeanor for a first violation, and a Class 4 felony
for a second or subsequent violation.
(Source: P.A. 100-199, eff. 1-1-18.)
(720 ILCS 5/12-3.9)
Sec. 12-3.9. Violation of a stalking no contact order.
(a) A person commits violation of a stalking no contact
order if:
(1) he or she knowingly commits an act which was
prohibited by a court or fails to commit an act which was
ordered by a court in violation of:
(A) a remedy in a valid stalking no contact order
of protection authorized under Section 80 of the
Stalking No Contact Order Act or Section 112A-14.7 of
the Code of Criminal Procedure of 1963; or
(B) a remedy, which is substantially similar to
the remedies authorized under Section 80 of the
Stalking No Contact Order Act or Section 112A-14.7 of

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the Code of Criminal Procedure of 1963, or in a valid
stalking no contact order, which is authorized under
the laws of another state, tribe, or United States
territory; and
(2) the violation occurs after the offender has been
served notice of the contents of the order, under the
Stalking No Contact Order Act, Article 112A of the Code of
Criminal Procedure of 1963, or any substantially similar
statute of another state, tribe, or United States
territory, or otherwise has acquired actual knowledge of
the contents of the order.
A person alleged to have violated a stalking no contact
order is presumed to have actual knowledge of the contents of
the order if:
(i) the person has been served with a summons that
includes the language set forth in paragraph (3) of
subsection (a) of Section 60 of the Stalking No Contact
Order Act or paragraph (2) of subsection (c) of Section
112A-5.5 of the Code of Criminal Procedure of 1963;
(ii) the person has been served with the petition for
the stalking no contact order;
(iii) the person has been held in default in the
stalking no contact proceeding; and
(iv) the person has been served with an emergency
order in the same proceeding that grants the same remedy,
including any specifics, that the person is alleged to

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have violated.
A stalking no contact order issued by a state, tribal, or
territorial court shall be deemed valid if the issuing court
had jurisdiction over the parties and matter under the law of
the state, tribe, or territory. There shall be a presumption
of validity when an order is certified and appears authentic
on its face.
(a-3) For purposes of this Section, a "stalking no contact
order" may have been issued in a criminal or civil proceeding.
(a-5) Failure to provide reasonable notice and opportunity
to be heard shall be an affirmative defense to any charge or
process filed seeking enforcement of a foreign stalking no
contact order.
(b) Prosecution for a violation of a stalking no contact
order shall not bar a concurrent prosecution for any other
crime, including any crime that may have been committed at the
time of the violation of the civil no contact order.
(c) Nothing in this Section shall be construed to diminish
the inherent authority of the courts to enforce their lawful
orders through civil or criminal contempt proceedings.
(d) A defendant who directed the actions of a third party
to violate this Section, under the principles of
accountability set forth in Article 5 of this Code, is guilty
of violating this Section as if the same had been personally
done by the defendant, without regard to the mental state of
the third party acting at the direction of the defendant.

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(e) Sentence. A violation of a stalking no contact order
is a Class A misdemeanor for a first violation, and a Class 4
felony for a second or subsequent violation.
(Source: P.A. 100-199, eff. 1-1-18.)
Section 10. The Code of Criminal Procedure of 1963 is
amended by changing Sections 112A-5.5 and 112A-23 as follows:
(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, in person or online, 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.
(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) (1) 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 the respondent to answer or appear within 7 days.

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(2) The summons shall include the following language:
(A) "If an emergency protective order has been ordered
against you and included with this summons or you have
otherwise received a copy of that order, you may be
arrested or held criminally or civilly liable for
violating certain terms of the order. The court may enter
another protective order when the attached emergency order
expires."
(B) "You must attend court on the date in this
summons. If you do not attend that date or on any
subsequent hearing date agreed to by the parties or set by
the court, the judge may decide the case without hearing
from you. This is called default."
(C) "A plenary protective order may be entered by
default for any of the remedies sought in the petition if
you fail to appear on the specified hearing date or on any
subsequent hearing date agreed to by the parties or set by
the court."
(D) "If a plenary order is entered at the next or
subsequent court date, even if you do not attend or get a
copy of the order, you may be arrested or held criminally
or civilly liable for violating certain terms of that
order."
(3) 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.

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(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

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10 days in advance of the proceeding, the court shall schedule
a hearing on the petition and provide notice to the
petitioner.
(f-5) A court in a county with a population above 250,000
shall offer the option of a remote hearing to a petitioner for
a protective order. The court has the discretion to grant or
deny the request for a remote hearing. Each court shall
determine the procedure for a remote hearing. The petitioner
and respondent may appear remotely or in person.
The court shall issue and publish a court order, standing
order, or local rule detailing information about the process
for requesting and participating in a remote court appearance.
The court order, standing order, or local rule shall be
published on the court's website and posted on signs
throughout the courthouse, including in the clerk's office.
The sign shall be written in plain language and include
information about the availability of remote court appearances
and the process for requesting a remote hearing.
(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 the respondent has been served with
documents under subsection (b) or (c) of this Section
and if the respondent fails to appear on the specified
return date or any subsequent hearing date agreed to

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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 the 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 the 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.

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(4) When the court enters a default order under this
Section, the court shall include a finding about whether
the language required in paragraph (2) of subsection (c)
was included in the summons. Whether the language required
in paragraph (2) of subsection (c) was included in a
summons shall not impact whether the court grants the
default order if the summons was otherwise proper and the
requirements for default are otherwise met.
(Source: P.A. 102-853, eff. 1-1-23; 103-154, eff. 6-30-23.)
(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, whether issued in a civil, quasi-criminal proceeding or
by a military judge, shall be enforced by a criminal court
when:
(1) The respondent commits the crime of violation of a
domestic violence 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 paragraph (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 paragraph (1), (2), (3),
(14), or (14.5) of subsection (b) of Section 214 of the

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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, or
(iii) 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
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 paragraph (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 paragraph (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.

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(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 or by a military judge, 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

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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 paragraph (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

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after the 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 order 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.
A respondent alleged to have violated a protective order
is presumed to have actual knowledge of the contents of the
order if:
(i) the respondent has been served with a summons that
includes the language set forth in paragraph (2) of
subsection (c) of Section 112A-5.5;
(ii) the respondent has been served with the petition
for the protective order;
(iii) the respondent has been held in default in the
protective order proceeding; and
(iv) the respondent has been served with an emergency
order in the same proceeding that grants the same remedy,
including any specifics, that the respondent is alleged to
have violated.
(e) The enforcement of a protective order in civil or
criminal court shall not be affected by either of the
following:
(1) The existence of a separate, correlative order

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entered under Section 112A-15 of this Code.
(2) Any finding or order entered in a conjoined
criminal proceeding.
(e-5) If a civil no contact order entered under subsection
(6) of Section 112A-20 of the Code of Criminal Procedure of
1963 conflicts with an order issued pursuant to the Juvenile
Court Act of 1987 or the Illinois Marriage and Dissolution of
Marriage Act, the conflicting order issued under subsection
(6) of Section 112A-20 of the Code of Criminal Procedure of
1963 shall be void.
(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 subsection (a) or (b) of
this Section, the penalty shall be the penalty that
generally applies in such criminal or contempt
proceedings, and may include one or more of the following:
incarceration, payment of restitution, a fine, payment of
attorneys' fees and costs, or community service.
(2) The court shall hear and take into account
evidence of any factors in aggravation or mitigation
before deciding an appropriate penalty under paragraph (1)

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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 modify the conditions of pretrial release
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

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imprisonment, pursuant to Section 5-7-2 of the Unified
Code of Corrections.
(Source: P.A. 102-184, eff. 1-1-22; 102-558, eff. 8-20-21;
102-813, eff. 5-13-22; 102-890, eff. 5-19-22; 103-407, eff.
7-28-23.)
Section 15. The Stalking No Contact Order Act is amended
by changing Section 60 as follows:
(740 ILCS 21/60)
Sec. 60. Process.
(a)(1) Any action for a stalking no contact order requires
that a separate summons be issued and served.
(2) The summons shall be in the form prescribed by Supreme
Court Rule 101(d), except that it shall require the respondent
to answer or appear within 7 days.
(3) The summons shall include the following language:
(A) "If an emergency stalking no contact order has
been ordered against you and included with this summons or
you have otherwise received a copy of that order, you may
be arrested or held criminally or civilly liable for
violating certain terms of the order. The court may enter
another protective order when the attached emergency order
expires."
(B) "You must attend court on the date in this
summons. If you do not attend that date or on any

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subsequent hearing date agreed to by the parties or set by
the court, the judge may decide the case without hearing
from you. This is called default."
(C) "A plenary stalking no contact order may be
entered by default for any of the remedies sought in the
petition if you fail to appear on the specified hearing
date or on any subsequent hearing date agreed to by the
parties or set by the court."
(D) "If a plenary order is entered at the next or
subsequent court date, even if you do not attend or get a
copy of the order, you may be arrested or held criminally
or civilly liable for violating certain terms of that
order."
(4) Attachments to the summons or notice shall include the
petition for stalking no contact order and supporting
affidavits, if any, and any emergency stalking no contact
order that has been issued.
(b) 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.
(c) Service of process on a member of the respondent's
household or by publication shall be adequate if: (1) the

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petitioner has made all reasonable efforts to accomplish
actual service of process personally upon the respondent, but
the respondent cannot be found to effect such service; and (2)
the petitioner files an affidavit or presents sworn testimony
as to those efforts.
(d) A plenary stalking no contact order may be entered by
default for the remedy sought in the petition, if the
respondent has been served or given notice in accordance with
subsection (a) and if the respondent then fails to appear as
directed or fails to appear on any subsequent appearance or
hearing date agreed to by the parties or set by the court.
(e) If an order is granted under subsection (c) of Section
95, the court shall immediately file a certified copy of the
order with the sheriff or other law enforcement official
charged with maintaining Department of State Police records.
(Source: P.A. 101-508, eff. 1-1-20.)
Section 20. The Civil No Contact Order Act is amended by
changing Sections 208 and 220 as follows:
(740 ILCS 22/208)
Sec. 208. Process.
(a) (1) Any action for a civil no contact order requires
that a separate summons be issued and served.
(2) The summons shall be in the form prescribed by Supreme
Court Rule 101(d), except that it shall require the respondent

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to answer or appear within 7 days.
(3) The summons shall include the following language:
(A) "If an emergency civil no contact order has been
ordered against you and included with this summons or you
have otherwise received a copy of that order, you may be
arrested or held criminally or civilly liable for
violating certain terms of the order. The court may enter
another protective order when the attached emergency order
expires."
(B) "You must attend court on the date in this
summons. If you do not attend that date or on any
subsequent hearing date agreed to by the parties or set by
the court, the judge may decide the case without hearing
from you. This is called default."
(C) "A plenary civil no contact order may be entered
by default for any of the remedies sought in the petition
if you fail to appear on the specified hearing date or on
any subsequent hearing date agreed to by the parties or
set by the court."
(D) "If a plenary order is entered at the next or
subsequent court date, even if you do not attend or get a
copy of the order, you may be arrested or held criminally
or civilly liable for violating certain terms of that
order."
(4) Attachments to the summons or notice shall include the
petition for civil no contact order and supporting affidavits,

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if any, and any emergency civil no contact order that has been
issued.
(b) 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.
(c) Service of process on a member of the respondent's
household or by publication shall be adequate if: (1) the
petitioner has made all reasonable efforts to accomplish
actual service of process personally upon the respondent, but
the respondent cannot be found to effect such service; and (2)
the petitioner files an affidavit or presents sworn testimony
as to those efforts.
(d) A plenary civil no contact order may be entered by
default for the remedy sought in the petition, if the
respondent has been served or given notice in accordance with
subsection (a) and if the respondent then fails to appear as
directed or fails to appear on any subsequent appearance or
hearing date agreed to by the parties or set by the court.
(e) If an order is granted under subsection (c) of Section
214, the court shall immediately file a certified copy of the
order with the sheriff or other law enforcement official
charged with maintaining Department of State Police records.

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(Source: P.A. 101-508, eff. 1-1-20.)
(740 ILCS 22/220)
Sec. 220. Enforcement of a civil no contact order.
(a) Nothing in this Act shall preclude any Illinois court
from enforcing a valid protective order issued in another
state or by a military judge.
(b) Illinois courts may enforce civil no contact orders
through both criminal proceedings and civil contempt
proceedings, unless the action which is second in time is
barred by collateral estoppel or the constitutional
prohibition against double jeopardy.
(b-1) The court shall not hold a school district or
private or non-public school or any of its employees in civil
or criminal contempt unless the school district or private or
non-public school has been allowed to intervene.
(b-2) The court may hold the parents, guardian, or legal
custodian of a minor respondent in civil or criminal contempt
for a violation of any provision of any order entered under
this Act for conduct of the minor respondent in violation of
this Act if the parents, guardian, or legal custodian
directed, encouraged, or assisted the respondent minor in such
conduct.
(c) Criminal prosecution. A violation of any civil no
contact order, whether issued in a civil or criminal
proceeding or by a military judge, shall be enforced by a

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criminal court when the respondent commits the crime of
violation of a civil no contact order pursuant to Section 219
by having knowingly violated:
(1) remedies described in Section 213 and included in
a civil no contact order; or
(2) a provision of an order, which is substantially
similar to provisions of Section 213, in a valid civil no
contact order which is authorized under the laws of
another state, tribe, or United States territory.
Prosecution for a violation of a civil no contact order
shall not bar a concurrent prosecution for any other crime,
including any crime that may have been committed at the time of
the violation of the civil no contact order.
(d) Contempt of court. A violation of any valid Illinois
civil no contact order, whether issued in a civil or criminal
proceeding, may be enforced through civil or criminal contempt
procedures, as appropriate, by any court with jurisdiction,
regardless of where the act or acts which violated the civil no
contact order were committed, to the extent consistent with
the venue provisions of this Act.
(1) In a contempt proceeding where the petition for a
rule to show cause or petition for adjudication of
criminal contempt sets forth facts evidencing an immediate
danger that the respondent will flee the jurisdiction or
inflict physical abuse on the petitioner or minor children
or on dependent adults in the petitioner's care, the court

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may order the attachment of the respondent without prior
service of the petition for a rule to show cause, the rule
to show cause, the petition for adjudication of criminal
contempt or the adjudication of criminal contempt.
Conditions of release shall be set unless specifically
denied in writing.
(2) A petition for a rule to show cause or a petition
for adjudication of criminal contempt for violation of a
civil no contact order shall be treated as an expedited
proceeding.
(e) Actual knowledge. A civil no contact order may be
enforced pursuant to this Section if the respondent violates
the order after the respondent has actual knowledge of its
contents as shown through one of the following means:
(1) by service, delivery, or notice under Section 208;
(2) by notice under Section 218;
(3) by service of a civil no contact order under
Section 218; or
(4) by other means demonstrating actual knowledge of
the contents of the order.
A respondent alleged to have violated a civil no contact
order is presumed to have actual knowledge of the contents of
the order if:
(i) the respondent has been served with a summons that
includes the language set forth in paragraph (3) of
subsection (a) of Section 208;

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(ii) the respondent has been served with the petition
for the civil no contact order;
(iii) the respondent has been held in default in the
civil no contact order proceeding; and
(iv) the respondent has been served with an emergency
civil no contact order in the same proceeding that grants
the same remedy, including any specifics, that the
respondent is alleged to have violated.
(f) The enforcement of a civil no contact order in civil or
criminal court shall not be affected by either of the
following:
(1) the existence of a separate, correlative order,
entered under Section 202; or
(2) any finding or order entered in a conjoined
criminal proceeding.
(g) Circumstances. The court, when determining whether or
not a violation of a civil no contact order has occurred, shall
not require physical manifestations of abuse on the person of
the victim.
(h) Penalties.
(1) Except as provided in paragraph (3) of this
subsection, where the court finds the commission of a
crime or contempt of court under subsection (a) or (b) of
this Section, the penalty shall be the penalty that
generally applies in such criminal or contempt
proceedings, and may include one or more of the following:

SB3044 Enrolled - 32 - LRB104 17940 JRC 31377 b
incarceration, payment of restitution, a fine, payment of
attorneys' fees and costs, or community service.
(2) The court shall hear and take into account
evidence of any factors in aggravation or mitigation
before deciding an appropriate penalty under paragraph (1)
of this subsection.
(3) To the extent permitted by law, the court is
encouraged to:
(i) increase the penalty for the knowing violation
of any civil no contact order over any penalty
previously imposed by any court for respondent's
violation of any civil no contact order or penal
statute involving petitioner as victim and respondent
as defendant;
(ii) impose a minimum penalty of 24 hours
imprisonment for respondent's first violation of any
civil no contact order; and
(iii) impose a minimum penalty of 48 hours
imprisonment for respondent's second or subsequent
violation of a civil no contact order unless the court
explicitly finds that an increased penalty or that
period of imprisonment would be manifestly unjust.
(4) In addition to any other penalties imposed for a
violation of a civil no contact order, a criminal court
may consider evidence of any previous violations of a
civil no contact order:

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(i) to modify the conditions of pretrial release
on an underlying criminal charge pursuant to Section
110-6 of the Code of Criminal Procedure of 1963;
(ii) to revoke or modify an order of probation,
conditional discharge or supervision, pursuant to
Section 5-6-4 of the Unified Code of Corrections; or
(iii) to revoke or modify a sentence of periodic
imprisonment, pursuant to Section 5-7-2 of the Unified
Code of Corrections.
(Source: P.A. 103-407, eff. 7-28-23.)
Section 25. The Illinois Domestic Violence Act of 1986 is
amended by changing Sections 210, 210.1, and 223 as follows:
(750 ILCS 60/210) (from Ch. 40, par. 2312-10)
Sec. 210. Process.
(a) Summons.
(1) Any action for an order of protection, whether
commenced alone or in conjunction with another proceeding, is
a distinct cause of action and requires that a separate
summons be issued and served, except that in pending cases the
following methods may be used:
(A) (1) By delivery of the summons to respondent
personally in open court in pending civil or criminal
cases.
(B) (2) By notice in accordance with Section 210.1 in

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civil cases in which the defendant has filed a general
appearance.
(2) The summons shall be in the form prescribed by Supreme
Court Rule 101(d), except that it shall require respondent to
answer or appear within 7 days.
(3) The summons shall include the following language:
(A) "If an emergency order of protection has been
ordered against you and included with this summons or
you have otherwise received a copy of that order, you
may be arrested or held criminally or civilly liable
for violating certain terms of the order. The court
may enter another order of protection when the
attached emergency order expires."
(B) "You must attend court on the date in this
summons. If you do not attend that date or on any
subsequent hearing date agreed to by the parties or
set by the court, the judge may decide the case without
hearing from you. This is called default."
(C) "A plenary order of protection may be entered
by default for any of the remedies sought in the
petition if you fail to appear on the specified
hearing date or on any subsequent hearing date agreed
to by the parties or set by the court."
(D) "If a plenary order is entered at the next or
subsequent court date, even if you do not attend or get
a copy of the order, you may be arrested or held

SB3044 Enrolled - 35 - LRB104 17940 JRC 31377 b
criminally or civilly liable for violating certain
terms of that order."
(4)Attachments to the summons or notice shall include the
petition for order of protection and supporting affidavits, if
any, and any emergency order of protection that has been
issued.
(5)The enforcement of an order of protection under Section
223 shall not be affected by the lack of service, delivery, or
notice, provided the requirements of subsection (d) of that
Section are otherwise met.
(b) Blank.
(c) Expedited service. 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 counties with a population over
3,000,000, a special process server may not be appointed if
the order of protection grants the surrender of a child, the
surrender of a firearm or firearm owners identification card,
or the exclusive possession of a shared residence.
(d) Remedies requiring actual notice. The counseling,
payment of support, payment of shelter services, and payment
of losses remedies provided by paragraphs 4, 12, 13, and 16 of
subsection (b) of Section 214 may be granted only if

SB3044 Enrolled - 36 - LRB104 17940 JRC 31377 b
respondent has been personally served with process, has
answered or has made a general appearance.
(e) Remedies upon constructive notice. Service of process
on a member of respondent's household or by publication shall
be adequate for the remedies provided by paragraphs 1, 2, 3, 5,
6, 7, 8, 9, 10, 11, 14, 15, and 17 of subsection (b) of Section
214, but only if: (i) petitioner has made all reasonable
efforts to accomplish actual service of process personally
upon respondent, but respondent cannot be found to effect such
service and (ii) petitioner files an affidavit or presents
sworn testimony as to those efforts.
(f) Default. A plenary order of protection may be entered
by default as follows:
(1) For any of the remedies sought in the petition, if
respondent has been served or given notice in accordance
with subsection (a) and if respondent then fails to appear
as directed or fails to appear on any subsequent
appearance or hearing date agreed to by the parties or set
by the court; or
(2) For any of the remedies provided in accordance
with subsection (e), if 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.
(g) Emergency orders. If an order is granted under
subsection (c) of Section 217, the court shall immediately

SB3044 Enrolled - 37 - LRB104 17940 JRC 31377 b
file a certified copy of the order with the sheriff or other
law enforcement official charged with maintaining Department
of State Police records.
(Source: P.A. 101-508, eff. 1-1-20.)
(750 ILCS 60/210.1) (from Ch. 40, par. 2312-10.1)
Sec. 210.1. Service of notice in conjunction with a
pending civil case.
(a) Notice. When an action for an order of protection is
sought in conjunction with a pending civil case in which the
court has obtained jurisdiction over respondent, and
respondent has filed a general appearance, then a separate
summons need not issue. Original notice of a hearing on a
petition for an order of protection may be given, and the
documents served, in accordance with Illinois Supreme Court
Rules 11 and 12. When, however, an emergency order of
protection is sought in such a case on an ex parte application,
then the procedure set forth in subsection (a) of Section 210
(other than in subparagraph (B) of paragraph (1) of subsection
(a) (2)) shall be followed. If an order of protection is issued
using the notice provisions of this Section, then the order of
protection or extensions of that order may survive the
disposition of the main civil case. The enforcement of any
order of protection under Section 223 shall not be affected by
the lack of notice under this Section, provided the
requirements of subsection (d) of that Section are otherwise

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met.
(b) Default. The form of notice described in subsection
(a) shall include the following language directed to the
respondent:
A 2-year plenary order of protection may be entered by
default for any of the remedies sought in the petition if
you fail to appear on the specified hearing date or on any
subsequent hearing date agreed to by the parties or set by
the court.
(c) Party to give notice. Notice in the pending civil case
shall be given (i) by either party under this Section, with
respect to extensions, modifications, hearings, or other
relief pertinent to an order of protection, in accordance with
Illinois Supreme Court Rules 11 and 12 or (ii) by the
respondent as provided in subsection (c) of Section 224.
(Source: P.A. 87-1186.)
(750 ILCS 60/223) (from Ch. 40, par. 2312-23)
Sec. 223. Enforcement of orders of protection.
(a) When violation is crime. A violation of any order of
protection, whether issued in a civil or criminal proceeding
or by a military judge, shall be enforced by a criminal court
when:
(1) The respondent commits the crime of violation of
an order of protection pursuant to Section 12-3.4 or 12-30
of the Criminal Code of 1961 or the Criminal Code of 2012,

SB3044 Enrolled - 39 - LRB104 17940 JRC 31377 b
by having knowingly violated:
(i) remedies described in paragraphs (1), (2),
(3), (14), or (14.5) of subsection (b) of Section 214
of this Act; or
(ii) a remedy, which is substantially similar to
the remedies authorized under paragraphs (1), (2),
(3), (14), and (14.5) of subsection (b) of Section 214
of this Act, in a valid order of protection which is
authorized under the laws of another state, tribe, or
United States territory; or
(iii) any other remedy when the act constitutes a
crime against the protected parties as defined by the
Criminal Code of 1961 or the Criminal Code of 2012.
Prosecution for a violation of an order of protection
shall not bar concurrent prosecution for any other crime,
including any crime that may have been committed at the
time of the violation of the order of protection; or
(2) The respondent commits the crime of child
abduction pursuant to Section 10-5 of the Criminal Code of
1961 or the Criminal Code of 2012, by having knowingly
violated:
(i) remedies described in paragraphs (5), (6) or
(8) of subsection (b) of Section 214 of this Act; or
(ii) a remedy, which is substantially similar to
the remedies authorized under paragraphs (5), (6), or
(8) of subsection (b) of Section 214 of this Act, in a

SB3044 Enrolled - 40 - LRB104 17940 JRC 31377 b
valid order of protection which is authorized under
the laws of another state, tribe, or United States
territory.
(b) When violation is contempt of court. A violation of
any valid Illinois order of protection, whether issued in a
civil or criminal proceeding or by a military judge, may be
enforced through civil or criminal contempt procedures, as
appropriate, by any court with jurisdiction, regardless where
the act or acts which violated the order of protection were
committed, to the extent consistent with the venue provisions
of this Act. Nothing in this Act shall preclude any Illinois
court from enforcing any valid order of protection issued in
another state. Illinois courts may enforce orders of
protection through both criminal prosecution and contempt
proceedings, unless the action which is second in time is
barred by collateral estoppel or the constitutional
prohibition against double jeopardy.
(1) In a contempt proceeding where the petition for a
rule to show cause sets forth facts evidencing an
immediate danger that the respondent will flee the
jurisdiction, conceal a child, or inflict physical abuse
on the petitioner or minor children or on dependent adults
in petitioner's care, the court may order the attachment
of the respondent without prior service of the rule to
show cause or the petition for a rule to show cause.
Conditions of release shall be set unless specifically

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denied in writing.
(2) A petition for a rule to show cause for violation
of an order of protection shall be treated as an expedited
proceeding.
(b-1) The court shall not hold a school district or
private or non-public school or any of its employees in civil
or criminal contempt unless the school district or private or
non-public school has been allowed to intervene.
(b-2) The court may hold the parents, guardian, or legal
custodian of a minor respondent in civil or criminal contempt
for a violation of any provision of any order entered under
this Act for conduct of the minor respondent in violation of
this Act if the parents, guardian, or legal custodian
directed, encouraged, or assisted the respondent minor in such
conduct.
(c) Violation of custody or support orders or temporary or
final judgments allocating parental responsibilities. A
violation of remedies described in paragraphs (5), (6), (8),
or (9) of subsection (b) of Section 214 of this Act may be
enforced by any remedy provided by Section 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 214 in the manner provided for
under Parts V and VII of the Illinois Marriage and Dissolution
of Marriage Act.
(d) Actual knowledge. An order of protection may be

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enforced pursuant to this Section if the respondent violates
the order after the respondent has actual knowledge of its
contents as shown through one of the following means:
(1) By service, delivery, or notice under Section 210.
(2) By notice under Section 210.1 or 211.
(3) By service of an order of protection under Section
222.
(4) By other means demonstrating actual knowledge of
the contents of the order.
A respondent alleged to have violated a plenary order of
protection is presumed to have actual knowledge of the
contents of the order if:
(i) the respondent has been served with a summons that
includes the language set forth in paragraph (3) of
subsection (a) of Section 210;
(ii) the respondent has been served with the petition
for the order of protection;
(iii) the respondent has been held in default in the
order of protection proceeding; and
(iv) the respondent has been served with an emergency
order of protection in the same proceeding that grants the
same remedy, including any specifics, that the respondent
is alleged to have violated.
(e) The enforcement of an order of protection in civil or
criminal court shall not be affected by either of the
following:

SB3044 Enrolled - 43 - LRB104 17940 JRC 31377 b
(1) The existence of a separate, correlative order,
entered under Section 215.
(2) Any finding or order entered in a conjoined
criminal proceeding.
(f) Circumstances. The court, when determining whether or
not a violation of an order of protection has occurred, shall
not require physical manifestations of abuse on the person of
the victim.
(g) Penalties.
(1) Except as provided in paragraph (3) of this
subsection, where the court finds the commission of a
crime or contempt of court under subsections (a) or (b) of
this Section, the penalty shall be the penalty that
generally applies in such criminal or contempt
proceedings, and may include one or more of the following:
incarceration, payment of restitution, a fine, payment of
attorneys' fees and costs, or community service.
(2) The court shall hear and take into account
evidence of any factors in aggravation or mitigation
before deciding an appropriate penalty under paragraph (1)
of this subsection.
(3) To the extent permitted by law, the court is
encouraged to:
(i) increase the penalty for the knowing violation
of any order of protection over any penalty previously
imposed by any court for respondent's violation of any

SB3044 Enrolled - 44 - LRB104 17940 JRC 31377 b
order of protection or penal statute involving
petitioner as victim and respondent as defendant;
(ii) impose a minimum penalty of 24 hours
imprisonment for respondent's first violation of any
order of protection; and
(iii) impose a minimum penalty of 48 hours
imprisonment for respondent's second or subsequent
violation of an order of protection
unless the court explicitly finds that an increased
penalty or that period of imprisonment would be manifestly
unjust.
(4) In addition to any other penalties imposed for a
violation of an order of protection, a criminal court may
consider evidence of any violations of an order of
protection:
(i) to increase, revoke or modify the conditions
of pretrial release on an underlying criminal charge
pursuant to Section 110-6 of the Code of Criminal
Procedure of 1963;
(ii) to revoke or modify an order of probation,
conditional discharge or supervision, pursuant to
Section 5-6-4 of the Unified Code of Corrections;
(iii) to revoke or modify a sentence of periodic
imprisonment, pursuant to Section 5-7-2 of the Unified
Code of Corrections.
(5) In addition to any other penalties, the court

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shall impose an additional fine of $20 as authorized by
Section 5-9-1.11 of the Unified Code of Corrections upon
any person convicted of or placed on supervision for a
violation of an order of protection. The additional fine
shall be imposed for each violation of this Section.
(Source: P.A. 102-890, eff. 5-19-22; 103-407, eff. 7-28-23.)
Section 99. Effective date. This Act takes effect January
1, 2028.