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1		AN ACT concerning criminal law.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 5. The Code of Criminal Procedure of 1963 is
5		amended by changing Sections 112A-1.5, 112A-2.5, 112A-3,
6		112A-4.5, 112A-5, 112A-5.5, 112A-8, 112A-11.5, 112A-12,
7		112A-14, 112A-16, 112A-20, 112A-21, 112A-22, 112A-22.3,
8		112A-23, 112A-24, 112A-26, and 112A-28 and by adding Sections
9		112A-6.1, 112A-17.5, and 112A-22.1 as follows:
10		(725 ILCS 5/112A-1.5)
11		Sec. 112A-1.5. Purpose and construction. The purpose of
12		this Article is to protect the safety of victims of domestic
13		violence, sexual assault, sexual abuse, and stalking and the
14		safety of their family and household members; and to minimize
15		the trauma and inconvenience associated with attending
16		separate and multiple civil court proceedings to obtain
17		protective orders. This Article shall be interpreted in
18		accordance with the constitutional rights of crime victims set
19		forth in Article I, Section 8.1 of the Illinois Constitution,
20		the purposes set forth in Section 2 of the Rights of Crime
21		Victims and Witnesses Act, and the use of protective orders to
22		implement the victim's right to be reasonably protected from
23		the defendant as provided in Section 4.5 of the Rights of

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1		Victims and Witnesses Act.
2		(Source: P.A. 100-199, eff. 1-1-18.)
3		(725 ILCS 5/112A-2.5)
4		Sec. 112A-2.5. Types of protective orders. The following
5		protective orders may be entered in conjunction with a
6		delinquency petition or a criminal prosecution:
7		(1) a domestic violence an order of protection in cases
8		involving domestic violence;
9		(2) a civil no contact order in cases involving sexual
10		offenses; or
11		(3) a stalking no contact order in cases involving
12		stalking offenses.
13		(Source: P.A. 100-199, eff. 1-1-18.)
14		(725 ILCS 5/112A-3) (from Ch. 38, par. 112A-3)
15		Sec. 112A-3. Definitions.
16		(a) In For the purposes of this Article: ,
17		"Advocate" means a person whose communications with the
18		victim are privileged under Section 8-802.1 or 8-802.2 of the
19		Code of Civil Procedure or Section 227 of the Illinois Domestic
20		Violence Act of 1986.
21		"Named victim" means the person named as the victim in the
22		delinquency petition or criminal prosecution.
23		"Protective order" "protective order" means a domestic
24		violence order of protection, a civil no contact order, or a

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1		stalking no contact order.
2		(b) For the purposes of domestic violence cases, the
3		following terms shall have the following meanings in this
4		Article:
5		(1) "Abuse" means physical abuse, harassment,
6		intimidation of a dependent, interference with personal
7		liberty or willful deprivation but does not include
8		reasonable direction of a minor child by a parent or person
9		in loco parentis.
10		(2) "Domestic violence" means abuse as described in
11		paragraph (1) of this subsection (b).
12		(3) "Family or household members" include spouses,
13		former spouses, parents, children, stepchildren, and other
14		persons related by blood or by present or prior marriage,
15		persons who share or formerly shared a common dwelling,
16		persons who have or allegedly have a child in common,
17		persons who share or allegedly share a blood relationship
18		through a child, persons who have or have had a dating or
19		engagement relationship, persons with disabilities and
20		their personal assistants, and caregivers as defined in
21		subsection (e) of Section 12-4.4a of the Criminal Code of
22		2012. For purposes of this paragraph (3), neither a casual
23		acquaintanceship nor ordinary fraternization between 2
24		individuals in business or social contexts shall be deemed
25		to constitute a dating relationship.
26		(4) "Harassment" means knowing conduct which is not

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1		necessary to accomplish a purpose which is reasonable under
2		the circumstances; would cause a reasonable person
3		emotional distress; and does cause emotional distress to
4		the petitioner. Unless the presumption is rebutted by a
5		preponderance of the evidence, the following types of
6		conduct shall be presumed to cause emotional distress:
7		(i) creating a disturbance at petitioner's place
8		of employment or school;
9		(ii) repeatedly telephoning petitioner's place of
10		employment, home or residence;
11		(iii) repeatedly following petitioner about in a
12		public place or places;
13		(iv) repeatedly keeping petitioner under
14		surveillance by remaining present outside his or her
15		home, school, place of employment, vehicle or other
16		place occupied by petitioner or by peering in
17		petitioner's windows;
18		(v) improperly concealing a minor child from
19		petitioner, repeatedly threatening to improperly
20		remove a minor child of petitioner's from the
21		jurisdiction or from the physical care of petitioner,
22		repeatedly threatening to conceal a minor child from
23		petitioner, or making a single such threat following an
24		actual or attempted improper removal or concealment,
25		unless respondent was fleeing from an incident or
26		pattern of domestic violence; or

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1		(vi) threatening physical force, confinement or
2		restraint on one or more occasions.
3		(5) "Interference with personal liberty" means
4		committing or threatening physical abuse, harassment,
5		intimidation or willful deprivation so as to compel another
6		to engage in conduct from which she or he has a right to
7		abstain or to refrain from conduct in which she or he has a
8		right to engage.
9		(6) "Intimidation of a dependent" means subjecting a
10		person who is dependent because of age, health, or
11		disability to participation in or the witnessing of:
12		physical force against another or physical confinement or
13		restraint of another which constitutes physical abuse as
14		defined in this Article, regardless of whether the abused
15		person is a family or household member.
16		(7) "Order of protection" or "domestic violence order
17		of protection" means an ex parte or final order, granted
18		pursuant to this Article, which includes any or all of the
19		remedies authorized by Section 112A-14 of this Code.
20		(8) "Petitioner" may mean not only any named petitioner
21		for the domestic violence order of protection and any named
22		victim of abuse on whose behalf the petition is brought,
23		but also any other person protected by this Article.
24		(9) "Physical abuse" includes sexual abuse and means
25		any of the following:
26		(i) knowing or reckless use of physical force,

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1		confinement or restraint;
2		(ii) knowing, repeated and unnecessary sleep
3		deprivation; or
4		(iii) knowing or reckless conduct which creates an
5		immediate risk of physical harm.
6		(9.3) "Respondent" in a petition for a domestic
7		violence an order of protection means the defendant.
8		(9.5) "Stay away" means for the respondent to refrain
9		from both physical presence and nonphysical contact with
10		the petitioner whether direct, indirect (including, but
11		not limited to, telephone calls, mail, email, faxes, and
12		written notes), or through third parties who may or may not
13		know about the domestic violence order of protection.
14		(10) "Willful deprivation" means wilfully denying a
15		person who because of age, health or disability requires
16		medication, medical care, shelter, accessible shelter or
17		services, food, therapeutic device, or other physical
18		assistance, and thereby exposing that person to the risk of
19		physical, mental or emotional harm, except with regard to
20		medical care and treatment when such dependent person has
21		expressed the intent to forgo such medical care or
22		treatment. This paragraph (10) does not create any new
23		affirmative duty to provide support to dependent persons.
24		(c) For the purposes of cases involving sexual offenses,
25		the following terms shall have the following meanings in this
26		Article:

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1		(1) "Civil no contact order" means an ex parte or final
2		order granted under this Article, which includes a remedy
3		authorized by Section 112A-14.5 of this Code.
4		(2) "Family or household members" include spouses,
5		parents, children, stepchildren, and persons who share a
6		common dwelling.
7		(3) "Non-consensual" means a lack of freely given
8		agreement.
9		(4) "Petitioner" means not only any named petitioner
10		for the civil no contact order and any named victim of
11		non-consensual sexual conduct or non-consensual sexual
12		penetration on whose behalf the petition is brought, but
13		includes any other person sought to be protected under this
14		Article.
15		(5) "Respondent" in a petition for a civil no contact
16		order means the defendant.
17		(6) "Sexual conduct" means any intentional or knowing
18		touching or fondling by the petitioner or the respondent,
19		either directly or through clothing, of the sex organs,
20		anus, or breast of the petitioner or the respondent, or any
21		part of the body of a child under 13 years of age, or any
22		transfer or transmission of semen by the respondent upon
23		any part of the clothed or unclothed body of the
24		petitioner, for the purpose of sexual gratification or
25		arousal of the petitioner or the respondent.
26		(7) "Sexual penetration" means any contact, however

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1		slight, between the sex organ or anus of one person by an
2		object, the sex organ, mouth or anus of another person, or
3		any intrusion, however slight, of any part of the body of
4		one person or of any animal or object into the sex organ or
5		anus of another person, including, but not limited to,
6		cunnilingus, fellatio, or anal penetration. Evidence of
7		emission of semen is not required to prove sexual
8		penetration.
9		(8) "Stay away" means to refrain from both physical
10		presence and nonphysical contact with the petitioner
11		directly, indirectly, or through third parties who may or
12		may not know of the order. "Nonphysical contact" includes,
13		but is not limited to, telephone calls, mail, e-mail, fax,
14		and written notes.
15		(d) For the purposes of cases involving stalking offenses,
16		the following terms shall have the following meanings in this
17		Article:
18		(1) "Course of conduct" means 2 or more acts,
19		including, but not limited to, acts in which a respondent
20		directly, indirectly, or through third parties, by any
21		action, method, device, or means follows, monitors,
22		observes, surveils, threatens, or communicates to or
23		about, a person, engages in other contact, or interferes
24		with or damages a person's property or pet. A course of
25		conduct may include contact via electronic communications.
26		The incarceration of a person in a penal institution who

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1		commits the course of conduct is not a bar to prosecution.
2		(2) "Emotional distress" means significant mental
3		suffering, anxiety, or alarm.
4		(3) "Contact" includes any contact with the victim,
5		that is initiated or continued without the victim's
6		consent, or that is in disregard of the victim's expressed
7		desire that the contact be avoided or discontinued,
8		including, but not limited to, being in the physical
9		presence of the victim; appearing within the sight of the
10		victim; approaching or confronting the victim in a public
11		place or on private property; appearing at the workplace or
12		residence of the victim; entering onto or remaining on
13		property owned, leased, or occupied by the victim; or
14		placing an object on, or delivering an object to, property
15		owned, leased, or occupied by the victim.
16		(4) "Petitioner" means any named petitioner for the
17		stalking no contact order or any named victim of stalking
18		on whose behalf the petition is brought.
19		(5) "Reasonable person" means a person in the
20		petitioner's circumstances with the petitioner's knowledge
21		of the respondent and the respondent's prior acts.
22		(6) "Respondent" in a petition for a civil no contact
23		order means the defendant.
24		(7) "Stalking" means engaging in a course of conduct
25		directed at a specific person, and he or she knows or
26		should know that this course of conduct would cause a

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1		reasonable person to fear for his or her safety or the
2		safety of a third person or suffer emotional distress.
3		"Stalking" does not include an exercise of the right to
4		free speech or assembly that is otherwise lawful or
5		picketing occurring at the workplace that is otherwise
6		lawful and arises out of a bona fide labor dispute,
7		including any controversy concerning wages, salaries,
8		hours, working conditions or benefits, including health
9		and welfare, sick leave, insurance, and pension or
10		retirement provisions, the making or maintaining of
11		collective bargaining agreements, and the terms to be
12		included in those agreements.
13		(8) "Stalking no contact order" means an ex parte or
14		final order granted under this Article, which includes a
15		remedy authorized by Section 112A-14.7 of this Code.
16		(Source: P.A. 100-199, eff. 1-1-18.)
17		(725 ILCS 5/112A-4.5)
18		Sec. 112A-4.5. Who may file petition.
19		(a) A petition for a domestic violence an order of
20		protection may be filed:
21		(1) by a named victim person who has been abused by a
22		family or household member; or
23		(2) by any person or by the State's Attorney on behalf
24		of a named victim who is a minor child or an adult who has
25		been abused by a family or household member and who,

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1		because of age, health, disability, or inaccessibility,
2		cannot file the petition; or .
3		(3) by a State's Attorney on behalf of any minor child
4		or dependent adult in the care of the named victim, if the
5		named victim does not file a petition or request the
6		State's Attorney file the petition.
7		(b) A petition for a civil no contact order may be filed:
8		(1) by any person who is a named victim of
9		non-consensual sexual conduct or non-consensual sexual
10		penetration, including a single incident of non-consensual
11		sexual conduct or non-consensual sexual penetration; or
12		(2) by a person or by the State's Attorney on behalf of
13		a named victim who is a minor child or an adult who is a
14		victim of non-consensual sexual conduct or non-consensual
15		sexual penetration but, because of age, disability,
16		health, or inaccessibility, cannot file the petition; or .
17		(3) by a State's Attorney on behalf of any minor child
18		who is a family or household member of the named victim, if
19		the named victim does not file a petition or request the
20		State's Attorney file the petition.
21		(c) A petition for a stalking no contact order may be
22		filed:
23		(1) by any person who is a named victim of stalking; or
24		(2) by a person or by the State's Attorney on behalf of
25		a named victim who is a minor child or an adult who is a
26		victim of stalking but, because of age, disability, health,

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1		or inaccessibility, cannot file the petition; or .
2		(3) by a State's Attorney on behalf of any minor child
3		who is a family or household member of the named victim, if
4		the named victim does not file a petition or request the
5		State's Attorney file the petition.
6		(d) The State's Attorney shall file a petition on behalf of
7		on any person who may file a petition under subsections (a),
8		(b), or (c) of this Section if the person requests the State's
9		Attorney to file a petition on the person's behalf, unless the
10		State's Attorney has a good faith basis to delay filing the
11		petition. The State's Attorney shall inform the person that the
12		State's Attorney will not be filing the petition at that time
13		and that the person may file a petition or may retain an
14		attorney to file the petition. The State's Attorney may file
15		the petition at a later date.
16		(d-5) (1) A person eligible to file a petition under
17		subsection (a), (b), or (c) of this Section may retain an
18		attorney to represent the petitioner on the petitioner's
19		request for a protective order. The attorney's representation
20		is limited to matters related to the petition and relief
21		authorized under this Article.
22		(2) Advocates shall be allowed to accompany the
23		petitioner and confer with the victim, unless otherwise
24		directed by the court. Advocates are not engaged in the
25		unauthorized practice of law when providing assistance to
26		the petitioner.

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1		(e) Any petition properly filed under this Article may seek
2		protection for any additional persons protected by this
3		Article.
4		(Source: P.A. 100-199, eff. 1-1-18.)
5		(725 ILCS 5/112A-5) (from Ch. 38, par. 112A-5)
6		Sec. 112A-5. Pleading; non-disclosure of address.
7		(a) A petition for a protective order shall be filed in
8		conjunction with a delinquency petition or criminal
9		prosecution, or in conjunction with imprisonment or a bond
10		forfeiture warrant, provided the petition names a victim of the
11		alleged crime. The petition may include a request for an ex
12		parte protective order, a final protective order, or both. The
13		petition shall be in writing and verified or accompanied by
14		affidavit and shall allege that:
15		(1) petitioner has been abused by respondent, who is a
16		family or household member;
17		(2) respondent has engaged in non-consensual sexual
18		conduct or non-consensual sexual penetration, including a
19		single incident of non-consensual sexual conduct or
20		non-consensual sexual penetration with petitioner; or
21		(3) petitioner has been stalked by respondent.
22		The petition shall further set forth whether there is any
23		other action between the petitioner and respondent. During the
24		pendency of this proceeding, the petitioner and respondent have
25		a continuing duty to inform the court of any subsequent

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1		proceeding for a protective order in this State or any other
2		state.
3		(a-5) The petition shall indicate whether an ex parte
4		protective order, a protective order, or both are requested. If
5		the respondent receives notice of a petition for a final
6		protective order and the respondent requests a continuance to
7		respond to the petition, the petitioner may, either orally or
8		in writing, request an ex parte order. petitioner has been
9		abused by respondent, who is a family or household member. The
10		petition shall further set forth whether there is any other
11		action between the petitioner and respondent.
12		(b) The petitioner shall not be required to disclose the
13		petitioner's address. If the petition states that disclosure of
14		petitioner's address would risk abuse to or endanger the safety
15		of petitioner or any member of petitioner's family or household
16		or reveal the confidential address of a shelter for domestic
17		violence victims, that address may be omitted from all
18		documents filed with the court.
19		(Source: P.A. 100-199, eff. 1-1-18.)
20		(725 ILCS 5/112A-5.5)
21		Sec. 112A-5.5. Time for filing petition; service on
22		respondent, hearing on petition, and default orders.
23		(a) A petition for a protective order may be filed at any
24		time after a criminal charge or delinquency petition is filed
25		and before the charge or delinquency petition is dismissed, the

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1		defendant or juvenile is acquitted, or the defendant or
2		juvenile completes service of his or her sentence. The petition
3		can be considered at any court proceeding in the delinquency or
4		criminal case at which the defendant is present. The court may
5		schedule a separate court proceeding to consider the petition.
6		(b) The request for an ex parte protective order may be
7		considered without notice to the respondent under Section
8		112A-17.5 of this Code.
9		(c) A summons shall be issued and served for a protective
10		order. The summons may be served by delivery to the respondent
11		personally in open court in the criminal or juvenile
12		delinquency proceeding, in the form prescribed by subsection
13		(d) of Supreme Court Rule 101, except that it shall require
14		respondent to answer or appear within 7 days. Attachments to
15		the summons shall include the petition for protective order,
16		supporting affidavits, if any, and any ex parte protective
17		order that has been issued.
18		(d) The summons shall be served by the sheriff or other law
19		enforcement officer at the earliest time available and shall
20		take precedence over any other summons, except those of a
21		similar emergency nature. Attachments to the summons shall
22		include the petition for protective order, supporting
23		affidavits, if any, and any ex parte protective order that has
24		been issued. Special process servers may be appointed at any
25		time and their designation shall not affect the
26		responsibilities and authority of the sheriff or other official

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1		process servers. In a county with a population over 3,000,000,
2		a special process server may not be appointed if the protective
3		order grants the surrender of a child, the surrender of a
4		firearm or Firearm Owner's Identification Card, or the
5		exclusive possession of a shared residence.
6		(e) If the respondent is not served within 30 days of the
7		filing of the petition, the court shall schedule a court
8		proceeding on the issue of service. Either the petitioner, the
9		petitioner's counsel, or the State's Attorney shall appear and
10		the court shall either order continued attempts at personal
11		service or shall order service by publication, in accordance
12		with Sections 2-203, 2-206, and 2-207 of the Code of Civil
13		Procedure.
14		(f) The request for a final protective order can be
15		considered at any court proceeding in the delinquency or
16		criminal case after service of the petition. If the petitioner
17		has not been provided notice of the court proceeding at least
18		10 days in advance of the proceeding, the court shall schedule
19		a hearing on the petition and provide notice to the petitioner.
20		(g) Default orders.
21		(1) A final domestic violence order of protection may
22		be entered by default:
23		(A) for any of the remedies sought in the petition,
24		if respondent has been served with documents under
25		subsection (b) or (c) of this Section and if respondent
26		fails to appear on the specified return date or any

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1		subsequent hearing date agreed to by the petitioner and
2		respondent or set by the court; or
3		(B) for any of the remedies provided under
4		paragraph (1), (2), (3), (5), (6), (7), (8), (9), (10),
5		(11), (14), (15), (17), or (18) of subsection (b) of
6		Section 112A-14 of this Code, or if the respondent
7		fails to answer or appear in accordance with the date
8		set in the publication notice or the return date
9		indicated on the service of a household member.
10		(2) A final civil no contact order may be entered by
11		default for any of the remedies provided in Section
12		112A-14.5 of this Code, if respondent has been served with
13		documents under subsection (b) or (c) of this Section, and
14		if the respondent fails to answer or appear in accordance
15		with the date set in the publication notice or the return
16		date indicated on the service of a household member.
17		(3) A final stalking no contact order may be entered by
18		default for any of the remedies provided by Section
19		112A-14.7 of this Code, if respondent has been served with
20		documents under subsection (b) or (c) of this Section and
21		if the respondent fails to answer or appear in accordance
22		with the date set in the publication notice or the return
23		date indicated on the service of a household member.
24		(Source: P.A. 100-199, eff. 1-1-18.)
25		(725 ILCS 5/112A-6.1 new)

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1		Sec. 112A-6.1. Application of rules of civil procedure;
2		criminal law.
3		(a) Any proceeding to obtain, modify, re-open, or appeal a
4		protective order and service of pleadings and notices shall be
5		governed by the rules of civil procedure of this State. The
6		Code of Civil Procedure and Supreme Court and local court rules
7		applicable to civil proceedings shall apply, except as
8		otherwise provided by law. Civil law on venue, discovery, and
9		penalties for untrue statements shall not apply to protective
10		order proceedings heard under this Article.
11		(b) Criminal law on discovery, venue, and penalties for
12		untrue statements apply to protective order proceedings under
13		this Article.
14		(c) Court proceedings related to the entry of a protective
15		order and the determination of remedies shall not be used to
16		obtain discovery that would not otherwise be available in a
17		criminal prosecution or juvenile delinquency case.
18		(725 ILCS 5/112A-8) (from Ch. 38, par. 112A-8)
19		Sec. 112A-8. Subject matter jurisdiction. Each of the
20		circuit courts shall have the power to issue protective orders
21		of protection.
22		(Source: P.A. 84-1305.)
23		(725 ILCS 5/112A-11.5)
24		Sec. 112A-11.5. Issuance of protective order.

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1		(a) Except as provided in subsection (a-5) of this Section,
2		the The court shall grant the petition and enter a protective
3		order if the court finds prima facie evidence that a crime
4		involving domestic violence, a sexual offense, or a crime
5		involving stalking has been committed. The following shall be
6		considered prima facie evidence of the crime:
7		(1) an information, complaint, indictment, or
8		delinquency petition, charging a crime of domestic
9		violence, a sexual offense, or stalking or charging an
10		attempt to commit a crime of domestic violence, a sexual
11		offense, or stalking; or
12		(2) an adjudication of delinquency, a finding of guilt
13		based upon a plea, or a finding of guilt after a trial for
14		a crime of domestic battery, a sexual crime, or stalking or
15		an attempt to commit a crime of domestic violence, a sexual
16		offense, or stalking;
17		(3) any dispositional order issued under Section 5-710
18		of the Juvenile Court Act of 1987, the imposition of
19		supervision, conditional discharge, probation, periodic
20		imprisonment, parole, aftercare release, or mandatory
21		supervised release for a crime of domestic violence, a
22		sexual offense, or stalking or an attempt to commit a crime
23		of domestic violence, a sexual offense, or stalking, or
24		imprisonment in conjunction with a bond forfeiture
25		warrant; or
26		(4) the entry of a protective order in a separate civil

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1		case brought by the petitioner against the respondent.
2		(a-5) The respondent may rebut prima facie evidence of the
3		crime under paragraph (1) of subsection (a) of this Section by
4		presenting evidence of a meritorious defense. The respondent
5		shall file a written notice alleging a meritorious defense
6		which shall be verified and supported by affidavit. The
7		verified notice and affidavit shall set forth the evidence that
8		will be presented at a hearing. If the court finds that the
9		evidence presented at the hearing establishes a meritorious
10		defense by a preponderance of the evidence, the court may
11		decide not to issue a protective order.
12		(b) The petitioner shall not be denied a protective order
13		because the petitioner or the respondent is a minor.
14		(c) The court, when determining whether or not to issue a
15		protective order, may not require physical injury on the person
16		of the victim.
17		(d) If the court issues a final protective order under this
18		Section, the court shall afford the petitioner and respondent
19		an opportunity to be heard on the remedies requested in the
20		petition.
21		(Source: P.A. 100-199, eff. 1-1-18.)
22		(725 ILCS 5/112A-12) (from Ch. 38, par. 112A-12)
23		Sec. 112A-12. Transfer of issues not decided in cases
24		involving domestic violence.
25		(a) (Blank).

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1		(a-5) A petition for a domestic violence order of
2		protection shall be treated as an expedited proceeding, and no
3		court shall transfer or otherwise decline to decide all or part
4		of the petition, except as otherwise provided in this Section.
5		Nothing in this Section shall prevent the court from reserving
6		issues when jurisdiction or notice requirements are not met.
7		(b) A criminal court may decline to decide contested issues
8		of physical care and possession of a minor child, temporary
9		allocation of parental responsibilities or significant
10		decision-making responsibility, parenting time, custody,
11		visitation, or family support, unless a decision on one or more
12		of those contested issues is necessary to avoid the risk of
13		abuse, neglect, removal from the State, state or concealment
14		within the State state of the child or of separation of the
15		child from the primary caretaker.
16		(c) The court shall transfer to the appropriate court or
17		division any issue it has declined to decide. Any court may
18		transfer any matter which must be tried by jury to a more
19		appropriate calendar or division.
20		(d) If the court transfers or otherwise declines to decide
21		any issue, judgment on that issue shall be expressly reserved
22		and ruling on other issues shall not be delayed or declined.
23		(Source: P.A. 100-199, eff. 1-1-18.)
24		(725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14)
25		Sec. 112A-14. Domestic violence order Order of protection;

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1		remedies.
2		(a) (Blank).
3		(b) The court may order any of the remedies listed in this
4		subsection (b). The remedies listed in this subsection (b)
5		shall be in addition to other civil or criminal remedies
6		available to petitioner.
7		(1) Prohibition of abuse. Prohibit respondent's
8		harassment, interference with personal liberty,
9		intimidation of a dependent, physical abuse, or willful
10		deprivation, as defined in this Article, if such abuse has
11		occurred or otherwise appears likely to occur if not
12		prohibited.
13		(2) Grant of exclusive possession of residence.
14		Prohibit respondent from entering or remaining in any
15		residence, household, or premises of the petitioner,
16		including one owned or leased by respondent, if petitioner
17		has a right to occupancy thereof. The grant of exclusive
18		possession of the residence, household, or premises shall
19		not affect title to real property, nor shall the court be
20		limited by the standard set forth in Section 701 of the
21		Illinois Marriage and Dissolution of Marriage Act.
22		(A) Right to occupancy. A party has a right to
23		occupancy of a residence or household if it is solely
24		or jointly owned or leased by that party, that party's
25		spouse, a person with a legal duty to support that
26		party or a minor child in that party's care, or by any

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1		person or entity other than the opposing party that
2		authorizes that party's occupancy (e.g., a domestic
3		violence shelter). Standards set forth in subparagraph
4		(B) shall not preclude equitable relief.
5		(B) Presumption of hardships. If petitioner and
6		respondent each has the right to occupancy of a
7		residence or household, the court shall balance (i) the
8		hardships to respondent and any minor child or
9		dependent adult in respondent's care resulting from
10		entry of this remedy with (ii) the hardships to
11		petitioner and any minor child or dependent adult in
12		petitioner's care resulting from continued exposure to
13		the risk of abuse (should petitioner remain at the
14		residence or household) or from loss of possession of
15		the residence or household (should petitioner leave to
16		avoid the risk of abuse). When determining the balance
17		of hardships, the court shall also take into account
18		the accessibility of the residence or household.
19		Hardships need not be balanced if respondent does not
20		have a right to occupancy.
21		The balance of hardships is presumed to favor
22		possession by petitioner unless the presumption is
23		rebutted by a preponderance of the evidence, showing
24		that the hardships to respondent substantially
25		outweigh the hardships to petitioner and any minor
26		child or dependent adult in petitioner's care. The

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1		court, on the request of petitioner or on its own
2		motion, may order respondent to provide suitable,
3		accessible, alternate housing for petitioner instead
4		of excluding respondent from a mutual residence or
5		household.
6		(3) Stay away order and additional prohibitions. Order
7		respondent to stay away from petitioner or any other person
8		protected by the domestic violence order of protection, or
9		prohibit respondent from entering or remaining present at
10		petitioner's school, place of employment, or other
11		specified places at times when petitioner is present, or
12		both, if reasonable, given the balance of hardships.
13		Hardships need not be balanced for the court to enter a
14		stay away order or prohibit entry if respondent has no
15		right to enter the premises.
16		(A) If a domestic violence an order of protection
17		grants petitioner exclusive possession of the
18		residence, or prohibits respondent from entering the
19		residence, or orders respondent to stay away from
20		petitioner or other protected persons, then the court
21		may allow respondent access to the residence to remove
22		items of clothing and personal adornment used
23		exclusively by respondent, medications, and other
24		items as the court directs. The right to access shall
25		be exercised on only one occasion as the court directs
26		and in the presence of an agreed-upon adult third party

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1		or law enforcement officer.
2		(B) When the petitioner and the respondent attend
3		the same public, private, or non-public elementary,
4		middle, or high school, the court when issuing a
5		domestic violence an order of protection and providing
6		relief shall consider the severity of the act, any
7		continuing physical danger or emotional distress to
8		the petitioner, the educational rights guaranteed to
9		the petitioner and respondent under federal and State
10		law, the availability of a transfer of the respondent
11		to another school, a change of placement or a change of
12		program of the respondent, the expense, difficulty,
13		and educational disruption that would be caused by a
14		transfer of the respondent to another school, and any
15		other relevant facts of the case. The court may order
16		that the respondent not attend the public, private, or
17		non-public elementary, middle, or high school attended
18		by the petitioner, order that the respondent accept a
19		change of placement or change of program, as determined
20		by the school district or private or non-public school,
21		or place restrictions on the respondent's movements
22		within the school attended by the petitioner. The
23		respondent bears the burden of proving by a
24		preponderance of the evidence that a transfer, change
25		of placement, or change of program of the respondent is
26		not available. The respondent also bears the burden of

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1		production with respect to the expense, difficulty,
2		and educational disruption that would be caused by a
3		transfer of the respondent to another school. A
4		transfer, change of placement, or change of program is
5		not unavailable to the respondent solely on the ground
6		that the respondent does not agree with the school
7		district's or private or non-public school's transfer,
8		change of placement, or change of program or solely on
9		the ground that the respondent fails or refuses to
10		consent or otherwise does not take an action required
11		to effectuate a transfer, change of placement, or
12		change of program. When a court orders a respondent to
13		stay away from the public, private, or non-public
14		school attended by the petitioner and the respondent
15		requests a transfer to another attendance center
16		within the respondent's school district or private or
17		non-public school, the school district or private or
18		non-public school shall have sole discretion to
19		determine the attendance center to which the
20		respondent is transferred. If the court order results
21		in a transfer of the minor respondent to another
22		attendance center, a change in the respondent's
23		placement, or a change of the respondent's program, the
24		parents, guardian, or legal custodian of the
25		respondent is responsible for transportation and other
26		costs associated with the transfer or change.

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1		(C) The court may order the parents, guardian, or
2		legal custodian of a minor respondent to take certain
3		actions or to refrain from taking certain actions to
4		ensure that the respondent complies with the order. If
5		the court orders a transfer of the respondent to
6		another school, the parents, guardian, or legal
7		custodian of the respondent is responsible for
8		transportation and other costs associated with the
9		change of school by the respondent.
10		(4) Counseling. Require or recommend the respondent to
11		undergo counseling for a specified duration with a social
12		worker, psychologist, clinical psychologist, psychiatrist,
13		family service agency, alcohol or substance abuse program,
14		mental health center guidance counselor, agency providing
15		services to elders, program designed for domestic violence
16		abusers or any other guidance service the court deems
17		appropriate. The court may order the respondent in any
18		intimate partner relationship to report to an Illinois
19		Department of Human Services protocol approved partner
20		abuse intervention program for an assessment and to follow
21		all recommended treatment.
22		(5) Physical care and possession of the minor child. In
23		order to protect the minor child from abuse, neglect, or
24		unwarranted separation from the person who has been the
25		minor child's primary caretaker, or to otherwise protect
26		the well-being of the minor child, the court may do either

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1		or both of the following: (i) grant petitioner physical
2		care or possession of the minor child, or both, or (ii)
3		order respondent to return a minor child to, or not remove
4		a minor child from, the physical care of a parent or person
5		in loco parentis.
6		If the respondent is charged with abuse (as defined in
7		Section 112A-3 of this Code) of a minor child, there shall
8		be a rebuttable presumption that awarding physical care to
9		respondent would not be in the minor child's best interest.
10		(6) Temporary allocation of parental responsibilities
11		and significant decision-making responsibilities legal
12		custody. Award temporary significant decision-making
13		responsibility legal custody to petitioner in accordance
14		with this Section, the Illinois Marriage and Dissolution of
15		Marriage Act, the Illinois Parentage Act of 2015, and this
16		State's Uniform Child-Custody Jurisdiction and Enforcement
17		Act.
18		If the respondent is charged with abuse (as defined in
19		Section 112A-3 of this Code) of a minor child, there shall
20		be a rebuttable presumption that awarding temporary
21		significant decision-making responsibility legal custody
22		to respondent would not be in the child's best interest.
23		(7) Parenting time Visitation. Determine the parenting
24		time visitation rights, if any, of respondent in any case
25		in which the court awards physical care or temporary
26		significant decision-making responsibility legal custody

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1		of a minor child to petitioner. The court shall restrict or
2		deny respondent's parenting time visitation with a minor
3		child if the court finds that respondent has done or is
4		likely to do any of the following:
5		(i) abuse or endanger the minor child during
6		parenting time visitation;
7		(ii) use the parenting time visitation as an
8		opportunity to abuse or harass petitioner or
9		petitioner's family or household members;
10		(iii) improperly conceal or detain the minor
11		child; or
12		(iv) otherwise act in a manner that is not in the
13		best interests of the minor child.
14		The court shall not be limited by the standards set
15		forth in Section 603.10 607.1 of the Illinois Marriage and
16		Dissolution of Marriage Act. If the court grants parenting
17		time visitation, the order shall specify dates and times
18		for the parenting time visitation to take place or other
19		specific parameters or conditions that are appropriate. No
20		order for parenting time visitation shall refer merely to
21		the term "reasonable parenting time" "reasonable
22		visitation". Petitioner may deny respondent access to the
23		minor child if, when respondent arrives for parenting time
24		visitation, respondent is under the influence of drugs or
25		alcohol and constitutes a threat to the safety and
26		well-being of petitioner or petitioner's minor children or

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1		is behaving in a violent or abusive manner. If necessary to
2		protect any member of petitioner's family or household from
3		future abuse, respondent shall be prohibited from coming to
4		petitioner's residence to meet the minor child for
5		parenting time visitation, and the petitioner and
6		respondent parties shall submit to the court their
7		recommendations for reasonable alternative arrangements
8		for parenting time visitation. A person may be approved to
9		supervise parenting time visitation only after filing an
10		affidavit accepting that responsibility and acknowledging
11		accountability to the court.
12		(8) Removal or concealment of minor child. Prohibit
13		respondent from removing a minor child from the State or
14		concealing the child within the State.
15		(9) Order to appear. Order the respondent to appear in
16		court, alone or with a minor child, to prevent abuse,
17		neglect, removal or concealment of the child, to return the
18		child to the custody or care of the petitioner, or to
19		permit any court-ordered interview or examination of the
20		child or the respondent.
21		(10) Possession of personal property. Grant petitioner
22		exclusive possession of personal property and, if
23		respondent has possession or control, direct respondent to
24		promptly make it available to petitioner, if:
25		(i) petitioner, but not respondent, owns the
26		property; or

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1		(ii) the petitioner and respondent parties own the
2		property jointly; sharing it would risk abuse of
3		petitioner by respondent or is impracticable; and the
4		balance of hardships favors temporary possession by
5		petitioner.
6		If petitioner's sole claim to ownership of the property
7		is that it is marital property, the court may award
8		petitioner temporary possession thereof under the
9		standards of subparagraph (ii) of this paragraph only if a
10		proper proceeding has been filed under the Illinois
11		Marriage and Dissolution of Marriage Act, as now or
12		hereafter amended.
13		No order under this provision shall affect title to
14		property.
15		(11) Protection of property. Forbid the respondent
16		from taking, transferring, encumbering, concealing,
17		damaging, or otherwise disposing of any real or personal
18		property, except as explicitly authorized by the court, if:
19		(i) petitioner, but not respondent, owns the
20		property; or
21		(ii) the petitioner and respondent parties own the
22		property jointly, and the balance of hardships favors
23		granting this remedy.
24		If petitioner's sole claim to ownership of the property
25		is that it is marital property, the court may grant
26		petitioner relief under subparagraph (ii) of this

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1		paragraph only if a proper proceeding has been filed under
2		the Illinois Marriage and Dissolution of Marriage Act, as
3		now or hereafter amended.
4		The court may further prohibit respondent from
5		improperly using the financial or other resources of an
6		aged member of the family or household for the profit or
7		advantage of respondent or of any other person.
8		(11.5) Protection of animals. Grant the petitioner the
9		exclusive care, custody, or control of any animal owned,
10		possessed, leased, kept, or held by either the petitioner
11		or the respondent or a minor child residing in the
12		residence or household of either the petitioner or the
13		respondent and order the respondent to stay away from the
14		animal and forbid the respondent from taking,
15		transferring, encumbering, concealing, harming, or
16		otherwise disposing of the animal.
17		(12) Order for payment of support. Order respondent to
18		pay temporary support for the petitioner or any child in
19		the petitioner's care or over whom the petitioner has been
20		allocated parental responsibility custody, when the
21		respondent has a legal obligation to support that person,
22		in accordance with the Illinois Marriage and Dissolution of
23		Marriage Act, which shall govern, among other matters, the
24		amount of support, payment through the clerk and
25		withholding of income to secure payment. An order for child
26		support may be granted to a petitioner with lawful physical

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1		care or custody of a child, or an order or agreement for
2		physical care of a child or custody, prior to entry of an
3		order allocating significant decision-making
4		responsibility for legal custody. Such a support order
5		shall expire upon entry of a valid order allocating
6		parental responsibility differently and vacating
7		petitioner's significant decision-making responsibility
8		granting legal custody to another, unless otherwise
9		provided in the custody order.
10		(13) Order for payment of losses. Order respondent to
11		pay petitioner for losses suffered as a direct result of
12		the abuse. Such losses shall include, but not be limited
13		to, medical expenses, lost earnings or other support,
14		repair or replacement of property damaged or taken,
15		reasonable attorney's fees, court costs, and moving or
16		other travel expenses, including additional reasonable
17		expenses for temporary shelter and restaurant meals.
18		(i) Losses affecting family needs. If a party is
19		entitled to seek maintenance, child support, or
20		property distribution from the other party under the
21		Illinois Marriage and Dissolution of Marriage Act, as
22		now or hereafter amended, the court may order
23		respondent to reimburse petitioner's actual losses, to
24		the extent that such reimbursement would be
25		"appropriate temporary relief", as authorized by
26		subsection (a)(3) of Section 501 of that Act.

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1		(ii) Recovery of expenses. In the case of an
2		improper concealment or removal of a minor child, the
3		court may order respondent to pay the reasonable
4		expenses incurred or to be incurred in the search for
5		and recovery of the minor child, including, but not
6		limited to, legal fees, court costs, private
7		investigator fees, and travel costs.
8		(14) Prohibition of entry. Prohibit the respondent
9		from entering or remaining in the residence or household
10		while the respondent is under the influence of alcohol or
11		drugs and constitutes a threat to the safety and well-being
12		of the petitioner or the petitioner's children.
13		(14.5) Prohibition of firearm possession.
14		(A) A person who is subject to an existing domestic
15		violence order of protection, issued under this Code
16		may not lawfully possess weapons under Section 8.2 of
17		the Firearm Owners Identification Card Act.
18		(B) Any firearms in the possession of the
19		respondent, except as provided in subparagraph (C) of
20		this paragraph (14.5), shall be ordered by the court to
21		be turned over to a person with a valid Firearm Owner's
22		Identification Card for safekeeping. The court shall
23		issue an order that the respondent's Firearm Owner's
24		Identification Card be turned over to the local law
25		enforcement agency, which in turn shall immediately
26		mail the card to the Department of State Police Firearm

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1		Owner's Identification Card Office for safekeeping.
2		The period of safekeeping shall be for the duration of
3		the domestic violence order of protection. The firearm
4		or firearms and Firearm Owner's Identification Card,
5		if unexpired, shall at the respondent's request be
6		returned to the respondent at expiration of the
7		domestic violence order of protection.
8		(C) If the respondent is a peace officer as defined
9		in Section 2-13 of the Criminal Code of 2012, the court
10		shall order that any firearms used by the respondent in
11		the performance of his or her duties as a peace officer
12		be surrendered to the chief law enforcement executive
13		of the agency in which the respondent is employed, who
14		shall retain the firearms for safekeeping for the
15		duration of the domestic violence order of protection.
16		(D) Upon expiration of the period of safekeeping,
17		if the firearms or Firearm Owner's Identification Card
18		cannot be returned to respondent because respondent
19		cannot be located, fails to respond to requests to
20		retrieve the firearms, or is not lawfully eligible to
21		possess a firearm, upon petition from the local law
22		enforcement agency, the court may order the local law
23		enforcement agency to destroy the firearms, use the
24		firearms for training purposes, or for any other
25		application as deemed appropriate by the local law
26		enforcement agency; or that the firearms be turned over

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1		to a third party who is lawfully eligible to possess
2		firearms, and who does not reside with respondent.
3		(15) Prohibition of access to records. If a domestic
4		violence an order of protection prohibits respondent from
5		having contact with the minor child, or if petitioner's
6		address is omitted under subsection (b) of Section 112A-5
7		of this Code, or if necessary to prevent abuse or wrongful
8		removal or concealment of a minor child, the order shall
9		deny respondent access to, and prohibit respondent from
10		inspecting, obtaining, or attempting to inspect or obtain,
11		school or any other records of the minor child who is in
12		the care of petitioner.
13		(16) Order for payment of shelter services. Order
14		respondent to reimburse a shelter providing temporary
15		housing and counseling services to the petitioner for the
16		cost of the services, as certified by the shelter and
17		deemed reasonable by the court.
18		(17) Order for injunctive relief. Enter injunctive
19		relief necessary or appropriate to prevent further abuse of
20		a family or household member or to effectuate one of the
21		granted remedies, if supported by the balance of hardships.
22		If the harm to be prevented by the injunction is abuse or
23		any other harm that one of the remedies listed in
24		paragraphs (1) through (16) of this subsection is designed
25		to prevent, no further evidence is necessary to establish
26		that the harm is an irreparable injury.

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1		(18) Telephone services.
2		(A) Unless a condition described in subparagraph
3		(B) of this paragraph exists, the court may, upon
4		request by the petitioner, order a wireless telephone
5		service provider to transfer to the petitioner the
6		right to continue to use a telephone number or numbers
7		indicated by the petitioner and the financial
8		responsibility associated with the number or numbers,
9		as set forth in subparagraph (C) of this paragraph. In
10		For purposes of this paragraph (18), the term "wireless
11		telephone service provider" means a provider of
12		commercial mobile service as defined in 47 U.S.C. 332.
13		The petitioner may request the transfer of each
14		telephone number that the petitioner, or a minor child
15		in his or her custody, uses. The clerk of the court
16		shall serve the order on the wireless telephone service
17		provider's agent for service of process provided to the
18		Illinois Commerce Commission. The order shall contain
19		all of the following:
20		(i) The name and billing telephone number of
21		the account holder including the name of the
22		wireless telephone service provider that serves
23		the account.
24		(ii) Each telephone number that will be
25		transferred.
26		(iii) A statement that the provider transfers

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1		to the petitioner all financial responsibility for
2		and right to the use of any telephone number
3		transferred under this paragraph.
4		(B) A wireless telephone service provider shall
5		terminate the respondent's use of, and shall transfer
6		to the petitioner use of, the telephone number or
7		numbers indicated in subparagraph (A) of this
8		paragraph unless it notifies the petitioner, within 72
9		hours after it receives the order, that one of the
10		following applies:
11		(i) The account holder named in the order has
12		terminated the account.
13		(ii) A difference in network technology would
14		prevent or impair the functionality of a device on
15		a network if the transfer occurs.
16		(iii) The transfer would cause a geographic or
17		other limitation on network or service provision
18		to the petitioner.
19		(iv) Another technological or operational
20		issue would prevent or impair the use of the
21		telephone number if the transfer occurs.
22		(C) The petitioner assumes all financial
23		responsibility for and right to the use of any
24		telephone number transferred under this paragraph. In
25		this paragraph, "financial responsibility" includes
26		monthly service costs and costs associated with any

SB0558 Enrolled - 39 - LRB100 04867 SLF 14877 b
1		mobile device associated with the number.
2		(D) A wireless telephone service provider may
3		apply to the petitioner its routine and customary
4		requirements for establishing an account or
5		transferring a number, including requiring the
6		petitioner to provide proof of identification,
7		financial information, and customer preferences.
8		(E) Except for willful or wanton misconduct, a
9		wireless telephone service provider is immune from
10		civil liability for its actions taken in compliance
11		with a court order issued under this paragraph.
12		(F) All wireless service providers that provide
13		services to residential customers shall provide to the
14		Illinois Commerce Commission the name and address of an
15		agent for service of orders entered under this
16		paragraph (18). Any change in status of the registered
17		agent must be reported to the Illinois Commerce
18		Commission within 30 days of such change.
19		(G) The Illinois Commerce Commission shall
20		maintain the list of registered agents for service for
21		each wireless telephone service provider on the
22		Commission's website. The Commission may consult with
23		wireless telephone service providers and the Circuit
24		Court Clerks on the manner in which this information is
25		provided and displayed.
26		(c) Relevant factors; findings.

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1		(1) In determining whether to grant a specific remedy,
2		other than payment of support, the court shall consider
3		relevant factors, including, but not limited to, the
4		following:
5		(i) the nature, frequency, severity, pattern, and
6		consequences of the respondent's past abuse of the
7		petitioner or any family or household member,
8		including the concealment of his or her location in
9		order to evade service of process or notice, and the
10		likelihood of danger of future abuse to petitioner or
11		any member of petitioner's or respondent's family or
12		household; and
13		(ii) the danger that any minor child will be abused
14		or neglected or improperly relocated removed from the
15		jurisdiction, improperly concealed within the State or
16		improperly separated from the child's primary
17		caretaker.
18		(2) In comparing relative hardships resulting to the
19		parties from loss of possession of the family home, the
20		court shall consider relevant factors, including, but not
21		limited to, the following:
22		(i) availability, accessibility, cost, safety,
23		adequacy, location and other characteristics of
24		alternate housing for each party and any minor child or
25		dependent adult in the party's care;
26		(ii) the effect on the party's employment; and

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1		(iii) the effect on the relationship of the party,
2		and any minor child or dependent adult in the party's
3		care, to family, school, church, and community.
4		(3) Subject to the exceptions set forth in paragraph
5		(4) of this subsection (c), the court shall make its
6		findings in an official record or in writing, and shall at
7		a minimum set forth the following:
8		(i) That the court has considered the applicable
9		relevant factors described in paragraphs (1) and (2) of
10		this subsection (c).
11		(ii) Whether the conduct or actions of respondent,
12		unless prohibited, will likely cause irreparable harm
13		or continued abuse.
14		(iii) Whether it is necessary to grant the
15		requested relief in order to protect petitioner or
16		other alleged abused persons.
17		(4) (Blank).
18		(5) Never married parties. No rights or
19		responsibilities for a minor child born outside of marriage
20		attach to a putative father until a father and child
21		relationship has been established under the Illinois
22		Parentage Act of 1984, or under the Illinois Parentage Act
23		of 2015, the Illinois Public Aid Code, Section 12 of the
24		Vital Records Act, the Juvenile Court Act of 1987, the
25		Probate Act of 1975, the Uniform Interstate Family Support
26		Act, the Expedited Child Support Act of 1990, any judicial,

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1		administrative, or other act of another state or territory,
2		any other statute of this State, or by any foreign nation
3		establishing the father and child relationship, any other
4		proceeding substantially in conformity with the federal
5		Personal Responsibility and Work Opportunity
6		Reconciliation Act of 1996, or when both parties appeared
7		in open court or at an administrative hearing acknowledging
8		under oath or admitting by affirmation the existence of a
9		father and child relationship on and after the effective
10		date of that Act. Absent such an adjudication, no putative
11		father shall be granted temporary allocation of parental
12		responsibilities, including parenting time custody of the
13		minor child, visitation with the minor child, or physical
14		care and possession of the minor child, nor shall an order
15		of payment for support of the minor child be entered.
16		(d) Balance of hardships; findings. If the court finds that
17		the balance of hardships does not support the granting of a
18		remedy governed by paragraph (2), (3), (10), (11), or (16) of
19		subsection (b) of this Section, which may require such
20		balancing, the court's findings shall so indicate and shall
21		include a finding as to whether granting the remedy will result
22		in hardship to respondent that would substantially outweigh the
23		hardship to petitioner from denial of the remedy. The findings
24		shall be an official record or in writing.
25		(e) Denial of remedies. Denial of any remedy shall not be
26		based, in whole or in part, on evidence that:

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1		(1) respondent Respondent has cause for any use of
2		force, unless that cause satisfies the standards for
3		justifiable use of force provided by Article 7 of the
4		Criminal Code of 2012;
5		(2) respondent Respondent was voluntarily intoxicated;
6		(3) petitioner Petitioner acted in self-defense or
7		defense of another, provided that, if petitioner utilized
8		force, such force was justifiable under Article 7 of the
9		Criminal Code of 2012;
10		(4) petitioner Petitioner did not act in self-defense
11		or defense of another;
12		(5) petitioner Petitioner left the residence or
13		household to avoid further abuse by respondent;
14		(6) petitioner Petitioner did not leave the residence
15		or household to avoid further abuse by respondent; or
16		(7) conduct Conduct by any family or household member
17		excused the abuse by respondent, unless that same conduct
18		would have excused such abuse if the parties had not been
19		family or household members.
20		(Source: P.A. 99-85, eff. 1-1-16; 100-199, eff. 1-1-18;
21		100-388, eff. 1-1-18; revised 10-10-17.)
22		(725 ILCS 5/112A-16) (from Ch. 38, par. 112A-16)
23		Sec. 112A-16. Accountability for Actions of Others. For the
24		purposes of issuing a domestic violence an order of protection,
25		deciding what remedies should be included and enforcing the

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1		order, Article 5 of the Criminal Code of 2012 shall govern
2		whether respondent is legally accountable for the conduct of
3		another person.
4		(Source: P.A. 97-1150, eff. 1-25-13.)
5		(725 ILCS 5/112A-17.5 new)
6		Sec. 112A-17.5. Ex parte protective orders.
7		(a) The petitioner may request expedited consideration of
8		the petition for an ex parte protective order. The court shall
9		consider the request on an expedited basis without requiring
10		the respondent's presence or requiring notice to the
11		respondent.
12		(b) Issuance of ex parte protective orders in cases
13		involving domestic violence. An ex parte domestic violence
14		order of protection shall be issued if petitioner satisfies the
15		requirements of this subsection (b) for one or more of the
16		requested remedies. For each remedy requested, petitioner
17		shall establish that:
18		(1) the court has jurisdiction under Section 112A-9 of
19		this Code;
20		(2) the requirements of subsection (a) of Section
21		112A-11.5 of this Code are satisfied; and
22		(3) there is good cause to grant the remedy, regardless
23		of prior service of process or notice upon the respondent,
24		because:
25		(A) for the remedy of prohibition of abuse

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1		described in paragraph (1) of subsection (b) of Section
2		112A-14 of this Code; stay away order and additional
3		prohibitions described in paragraph (3) of subsection
4		(b) of Section 112A-14 of this Code; removal or
5		concealment of minor child described in paragraph (8)
6		of subsection (b) of Section 112A-14 of this Code;
7		order to appear described in paragraph (9) of
8		subsection (b) of Section 112A-14 of this Code;
9		physical care and possession of the minor child
10		described in paragraph (5) of subsection (b) of Section
11		112A-14 of this Code; protection of property described
12		in paragraph (11) of subsection (b) of Section 112A-14
13		of this Code; prohibition of entry described in
14		paragraph (14) of subsection (b) of Section 112A-14 of
15		this Code; prohibition of firearm possession described
16		in paragraph (14.5) of subsection (b) of Section
17		112A-14 of this Code; prohibition of access to records
18		described in paragraph (15) of subsection (b) of
19		Section 112A-14 of this Code; injunctive relief
20		described in paragraph (16) of subsection (b) of
21		Section 112A-14 of this Code; and telephone services
22		described in paragraph (18) of subsection (b) of
23		Section 112A-14 of this Code, the harm which that
24		remedy is intended to prevent would be likely to occur
25		if the respondent were given any prior notice, or
26		greater notice than was actually given, of the

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1		petitioner's efforts to obtain judicial relief;
2		(B) for the remedy of grant of exclusive possession
3		of residence described in paragraph (2) of subsection
4		(b) of Section 112A-14 of this Code; the immediate
5		danger of further abuse of the petitioner by the
6		respondent, if the petitioner chooses or had chosen to
7		remain in the residence or household while the
8		respondent was given any prior notice or greater notice
9		than was actually given of the petitioner's efforts to
10		obtain judicial relief outweighs the hardships to the
11		respondent of an emergency order granting the
12		petitioner exclusive possession of the residence or
13		household; and the remedy shall not be denied because
14		the petitioner has or could obtain temporary shelter
15		elsewhere while prior notice is given to the
16		respondent, unless the hardship to the respondent from
17		exclusion from the home substantially outweigh the
18		hardship to the petitioner; or
19		(C) for the remedy of possession of personal
20		property described in paragraph (10) of subsection (b)
21		of Section 112A-14 of this Code; improper disposition
22		of the personal property would be likely to occur if
23		the respondent were given any prior notice, or greater
24		notice than was actually given, of the petitioner's
25		efforts to obtain judicial relief or the petitioner has
26		an immediate and pressing need for the possession of

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1		that property.
2		An ex parte domestic violence order of protection may not
3		include the counseling, custody, or payment of support or
4		monetary compensation remedies provided by paragraphs (4),
5		(12), (13), and (16) of subsection (b) of Section 112A-14 of
6		this Code.
7		(c) Issuance of ex parte civil no contact order in cases
8		involving sexual offenses. An ex parte civil no contact order
9		shall be issued if the petitioner establishes that:
10		(1) the court has jurisdiction under Section 112A-9 of
11		this Code;
12		(2) the requirements of subsection (a) of Section
13		112A-11.5 of this Code are satisfied; and
14		(3) there is good cause to grant the remedy, regardless
15		of prior service of process or of notice upon the
16		respondent, because the harm which that remedy is intended
17		to prevent would be likely to occur if the respondent were
18		given any prior notice, or greater notice than was actually
19		given, of the petitioner's efforts to obtain judicial
20		relief.
21		The court may order any of the remedies under Section
22		112A-14.5 of this Code.
23		(d) Issuance of ex parte stalking no contact order in cases
24		involving stalking offenses. An ex parte stalking no contact
25		order shall be issued if the petitioner establishes that:
26		(1) the court has jurisdiction under Section 112A-9 of

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1		this Code;
2		(2) the requirements of subsection (a) of Section
3		112A-11.5 of this Code are satisfied; and
4		(3) there is good cause to grant the remedy, regardless
5		of prior service of process or of notice upon the
6		respondent, because the harm which that remedy is intended
7		to prevent would be likely to occur if the respondent were
8		given any prior notice, or greater notice than was actually
9		given, of the petitioner's efforts to obtain judicial
10		relief.
11		The court may order any of the remedies under Section
12		112A-14.7 of this Code.
13		(e) Issuance of ex parte protective orders on court
14		holidays and evenings.
15		When the court is unavailable at the close of business, the
16		petitioner may file a petition for an ex parte protective order
17		before any available circuit judge or associate judge who may
18		grant relief under this Article. If the judge finds that
19		petitioner has satisfied the prerequisites in subsection (b),
20		(c), or (d) of this Section, the judge shall issue an ex parte
21		protective order.
22		The chief judge of the circuit court may designate for each
23		county in the circuit at least one judge to be reasonably
24		available to issue orally, by telephone, by facsimile, or
25		otherwise, an ex parte protective order at all times, whether
26		or not the court is in session.

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1		The judge who issued the order under this Section shall
2		promptly communicate or convey the order to the sheriff to
3		facilitate the entry of the order into the Law Enforcement
4		Agencies Data System by the Department of State Police under
5		Section 112A-28 of this Code. Any order issued under this
6		Section and any documentation in support of it shall be
7		certified on the next court day to the appropriate court. The
8		clerk of that court shall immediately assign a case number,
9		file the petition, order, and other documents with the court
10		and enter the order of record and file it with the sheriff for
11		service under subsection (f) of this Section. Failure to comply
12		with the requirements of this subsection (e) shall not affect
13		the validity of the order.
14		(f) Service of ex parte protective order on respondent.
15		(1) If an ex parte protective order is entered at the
16		time a summons or arrest warrant is issued for the criminal
17		charge, the petition for the protective order, any
18		supporting affidavits, if any, and the ex parte protective
19		order that has been issued shall be served with the summons
20		or arrest warrant. The enforcement of a protective order
21		under Section 112A-23 of this Code shall not be affected by
22		the lack of service or delivery, provided the requirements
23		of subsection (a) of Section 112A-23 of this Code are
24		otherwise met.
25		(2) If an ex parte protective order is entered after a
26		summons or arrest warrant is issued and before the

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1		respondent makes an initial appearance in the criminal
2		case, the summons shall be in the form prescribed by
3		subsection (d) of Supreme Court Rule 101, except that it
4		shall require respondent to answer or appear within 7 days
5		and shall be accompanied by the petition for the protective
6		order, any supporting affidavits, if any, and the ex parte
7		protective order that has been issued.
8		(3) If an ex parte protective order is entered after
9		the respondent has been served notice of a petition for a
10		final protective order and the respondent has requested a
11		continuance to respond to the petition, the ex parte
12		protective order shall be served: (A) in open court if the
13		respondent is present at the proceeding at which the order
14		was entered; or (B) by summons in the form prescribed by
15		subsection (d) of Supreme Court Rule 101.
16		(4) No fee shall be charged for service of summons.
17		(5) The summons shall be served by the sheriff or other
18		law enforcement officer at the earliest time and shall take
19		precedence over other summonses except those of a similar
20		emergency nature. Special process servers may be appointed
21		at any time, and their designation shall not affect the
22		responsibilities and authority of the sheriff or other
23		official process servers. In a county with a population
24		over 3,000,000, a special process server may not be
25		appointed if an ex parte protective order grants the
26		surrender of a child, the surrender of a firearm or Firearm

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1		Owner's Identification Card, or the exclusive possession
2		of a shared residence. Process may be served in court.
3		(g) Upon 7 days' notice to the petitioner, or a shorter
4		notice period as the court may prescribe, a respondent subject
5		to an ex parte protective order may appear and petition the
6		court to re-hear the petition. Any petition to re-hear shall be
7		verified and shall allege the following:
8		(1) that respondent did not receive prior notice of the
9		initial hearing in which the ex parte protective order was
10		entered under Section 112A-17.5 of this Code; and
11		(2) that respondent had a meritorious defense to the
12		order or any of its remedies or that the order or any of
13		its remedies was not authorized under this Article.
14		The verified petition and affidavit shall set forth the
15		evidence of the meritorious defense that will be presented at a
16		hearing. If the court finds that the evidence presented at the
17		hearing on the petition establishes a meritorious defense by a
18		preponderance of the evidence, the court may decide to vacate
19		the protective order or modify the remedies.
20		(h) If the ex parte protective order granted petitioner
21		exclusive possession of the residence and the petition of
22		respondent seeks to re-open or vacate that grant, the court
23		shall set a date for hearing within 14 days on all issues
24		relating to exclusive possession. Under no circumstances shall
25		a court continue a hearing concerning exclusive possession
26		beyond the 14th day except by agreement of the petitioner and

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1		the respondent. Other issues raised by the pleadings may be
2		consolidated for the hearing if the petitioner, the respondent,
3		and the court do not object.
4		(i) Duration of ex parte protective order. An ex parte
5		order shall remain in effect until the court considers the
6		request for a final protective order after notice has been
7		served on the respondent or a default final protective order is
8		entered, whichever occurs first. If a court date is scheduled
9		for the issuance of a default protective order and the
10		petitioner fails to personally appear or appear through counsel
11		or the prosecuting attorney, the petition shall be dismissed
12		and the ex parte order terminated.
13		(725 ILCS 5/112A-20) (from Ch. 38, par. 112A-20)
14		Sec. 112A-20. Duration and extension of final protective
15		orders.
16		(a) (Blank).
17		(b) A final protective order shall remain in effect as
18		follows:
19		(1) if entered during pre-trial release, until
20		disposition, withdrawal, or dismissal of the underlying
21		charge; if, however, the case is continued as an
22		independent cause of action, the order's duration may be
23		for a fixed period of time not to exceed 2 years;
24		(2) if in effect in conjunction with a bond forfeiture
25		warrant, until final disposition or an additional period of

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1		time not exceeding 2 years; no domestic violence order of
2		protection, however, shall be terminated by a dismissal
3		that is accompanied by the issuance of a bond forfeiture
4		warrant;
5		(3) until 2 years after the expiration of any
6		supervision, conditional discharge, probation, periodic
7		imprisonment, parole, aftercare release, or mandatory
8		supervised release for domestic violence orders of
9		protection and civil no contact orders; or
10		(4) until 2 years after the date set by the court for
11		expiration of any sentence of imprisonment and subsequent
12		parole, aftercare release, or mandatory supervised release
13		for domestic violence orders of protection and civil no
14		contact orders; and
15		(5) permanent for a stalking no contact order if a
16		judgment of conviction for stalking is entered.
17		(c) Computation of time. The duration of a domestic
18		violence an order of protection shall not be reduced by the
19		duration of any prior domestic violence order of protection.
20		(d) Law enforcement records. When a protective order
21		expires upon the occurrence of a specified event, rather than
22		upon a specified date as provided in subsection (b), no
23		expiration date shall be entered in Department of State Police
24		records. To remove the protective order from those records,
25		either the petitioner or the respondent shall request the clerk
26		of the court to file a certified copy of an order stating that

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1		the specified event has occurred or that the protective order
2		has been vacated or modified with the sheriff, and the sheriff
3		shall direct that law enforcement records shall be promptly
4		corrected in accordance with the filed order.
5		(e) Extension of Orders. Any domestic violence order of
6		protection or civil no contact order that expires 2 years after
7		the expiration of the defendant's sentence under paragraph (2),
8		(3), or (4) of subsection (b) of Section 112A-20 of this
9		Article may be extended one or more times, as required. The
10		petitioner, petitioner's counsel, or the State's Attorney on
11		the petitioner's behalf shall file the motion for an extension
12		of the final protective order in the criminal case and serve
13		the motion in accordance with Supreme Court Rules 11 and 12.
14		The court shall transfer the motion to the appropriate court or
15		division for consideration under subsection (e) of Section 220
16		of the Illinois Domestic Violence Act of 1986, or subsection
17		(c) of Section 216 of the Civil No Contact Order Act, or
18		subsection (c) of Section 105 of the Stalking No Contact Order
19		as appropriate.
20		(f) Termination date. Any final protective order of
21		protection which would expire on a court holiday shall instead
22		expire at the close of the next court business day.
23		(g) Statement of purpose. The practice of dismissing or
24		suspending a criminal prosecution in exchange for issuing a
25		protective an order of protection undermines the purposes of
26		this Article. This Section shall not be construed as

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1		encouraging that practice.
2		(Source: P.A. 100-199, eff. 1-1-18.)
3		(725 ILCS 5/112A-21) (from Ch. 38, par. 112A-21)
4		Sec. 112A-21. Contents of orders.
5		(a) Any domestic violence order of protection shall
6		describe, in reasonable detail and not by reference to any
7		other document, the following:
8		(1) Each remedy granted by the court, in reasonable
9		detail and not by reference to any other document, so that
10		respondent may clearly understand what he or she must do or
11		refrain from doing. Pre-printed form orders of protection
12		shall include the definitions of the types of abuse, as
13		provided in Section 112A-3 of this Code. Remedies set forth
14		in pre-printed form for domestic violence orders shall be
15		numbered consistently with and corresponding to the
16		numerical sequence of remedies listed in Section 112A-14 of
17		this Code (at least as of the date the form orders are
18		printed).
19		(2) The reason for denial of petitioner's request for
20		any remedy listed in Section 112A-14 of this Code.
21		(b) A domestic violence An order of protection shall
22		further state the following:
23		(1) The name of each petitioner that the court finds is
24		a victim of a charged offense, and that respondent is a
25		member of the family or household of each such petitioner,

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1		and the name of each other person protected by the order
2		and that such person is protected by this Code Act.
3		(2) For any remedy requested by petitioner on which the
4		court has declined to rule, that that remedy is reserved.
5		(3) The date and time the domestic violence order of
6		protection was issued.
7		(4) (Blank).
8		(5) (Blank).
9		(6) (Blank).
10		(c) Any domestic violence order of protection shall include
11		the following notice, printed in conspicuous type:
12		"Any knowing violation of a domestic violence an order
13		of protection forbidding physical abuse, harassment,
14		intimidation, interference with personal liberty, willful
15		deprivation, or entering or remaining present at specified
16		places when the protected person is present, or granting
17		exclusive possession of the residence or household, or
18		granting a stay away order is a Class A misdemeanor for a
19		first offense, and a Class 4 felony for persons with a
20		prior conviction for certain offenses under subsection (d)
21		of Section 12-3.4 of the Criminal Code of 2012. Grant of
22		exclusive possession of the residence or household shall
23		constitute notice forbidding trespass to land. Any knowing
24		violation of an order awarding legal custody or physical
25		care of a child or prohibiting removal or concealment of a
26		child may be a Class 4 felony. Any willful violation of any

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1		order is contempt of court. Any violation may result in
2		fine or imprisonment."
3		(d) (Blank).
4		(e) A domestic violence An order of protection shall state,
5		"This Order of Protection is enforceable, even without
6		registration, in all 50 states, the District of Columbia,
7		tribal lands, and the U.S. territories pursuant to the Violence
8		Against Women Act (18 U.S.C. 2265). Violating this Order of
9		Protection may subject the respondent to federal charges and
10		punishment (18 U.S.C. 2261-2262). The respondent may be subject
11		to federal criminal penalties for possessing, transporting,
12		shipping, or receiving any firearm or ammunition under the Gun
13		Control Act (18 U.S.C. 922(g)(8) and (9))."
14		(Source: P.A. 100-199, eff. 1-1-18.)
15		(725 ILCS 5/112A-22) (from Ch. 38, par. 112A-22)
16		Sec. 112A-22. Notice of orders.
17		(a) Entry and issuance. Upon issuance of any protective
18		order of protection, the clerk shall immediately, or on the
19		next court day if an ex parte order is issued under subsection
20		(e) of Section 112A-17.5 of this Code, (i) enter the order on
21		the record and file it in accordance with the circuit court
22		procedures and (ii) provide a file stamped copy of the order to
23		respondent and to petitioner, if present, and to the State's
24		Attorney. If the victim is not present the State's Attorney
25		shall (i) as soon as practicable notify the petitioner the

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1		order has been entered and (ii) provide a file stamped copy of
2		the order to the petitioner within 3 days.
3		(b) Filing with sheriff. The clerk of the issuing judge
4		shall, on the same day that a protective order is issued, file
5		a copy of that order with the sheriff or other law enforcement
6		officials charged with maintaining Department of State Police
7		records or charged with serving the order upon respondent. If
8		the order was issued under subsection (e) of Section 112A-17.5
9		of this Code, the clerk on the next court day shall file a
10		certified copy of the order with the sheriff or other law
11		enforcement officials charged with maintaining Department of
12		State Police records.
13		(c) (Blank).
14		(c-2) Service by sheriff. Unless respondent was present in
15		court when the order was issued, the sheriff, other law
16		enforcement official, or special process server shall promptly
17		serve that order upon respondent and file proof of the service,
18		in the manner provided for service of process in civil
19		proceedings. Instead of serving the order upon the respondent;
20		however, the sheriff, other law enforcement official, special
21		process server, or other persons defined in Section 112A-22.1
22		of this Code may serve the respondent with a short form
23		notification as provided in Section 112A-22.1 of this Code. If
24		process has not yet been served upon the respondent, process
25		shall be served with the order or short form notification if
26		the service is made by the sheriff, other law enforcement

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1		official, or special process server.
2		(c-3) If the person against whom the protective order is
3		issued is arrested and the written order is issued under
4		subsection (e) of Section 112A-17.5 of this Code and received
5		by the custodial law enforcement agency before the respondent
6		or arrestee is released from custody, the custodial law
7		enforcement agency shall promptly serve the order upon the
8		respondent or arrestee before the respondent or arrestee is
9		released from custody. In no event shall detention of the
10		respondent or arrestee be extended for a hearing on the
11		petition for protective order or receipt of the order issued
12		under Section 112A-17 of this Code.
13		(c-4) Extensions, modifications, and revocations. Any
14		order extending, modifying, or revoking any protective order
15		shall be promptly recorded, issued, and served as provided in
16		this Section.
17		(c-5) (Blank).
18		(d) (Blank).
19		(e) Notice to health care facilities and health care
20		practitioners. Upon the request of the petitioner, the clerk of
21		the circuit court shall send a certified copy of the protective
22		order to any specified health care facility or health care
23		practitioner requested by the petitioner at the mailing address
24		provided by the petitioner.
25		(f) Disclosure by health care facilities and health care
26		practitioners. After receiving a certified copy of a protective

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1		order that prohibits a respondent's access to records, no
2		health care facility or health care practitioner shall allow a
3		respondent access to the records of any child who is a
4		protected person under the protective order, or release
5		information in those records to the respondent, unless the
6		order has expired or the respondent shows a certified copy of
7		the court order vacating the corresponding protective order
8		that was sent to the health care facility or practitioner.
9		Nothing in this Section shall be construed to require health
10		care facilities or health care practitioners to alter
11		procedures related to billing and payment. The health care
12		facility or health care practitioner may file the copy of the
13		protective order in the records of a child who is a protected
14		person under the protective order, or may employ any other
15		method to identify the records to which a respondent is
16		prohibited access. No health care facility or health care
17		practitioner shall be civilly or professionally liable for
18		reliance on a copy of a protective order, except for willful
19		and wanton misconduct.
20		(g) Notice to schools. Upon the request of the petitioner,
21		within 24 hours of the issuance of a protective order, the
22		clerk of the issuing judge shall send a certified copy of the
23		protective order to the day-care facility, pre-school or
24		pre-kindergarten, or private school or the principal office of
25		the public school district or any college or university in
26		which any child who is a protected person under the protective

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1		order or any child of the petitioner is enrolled as requested
2		by the petitioner at the mailing address provided by the
3		petitioner. If the child transfers enrollment to another
4		day-care facility, pre-school, pre-kindergarten, private
5		school, public school, college, or university, the petitioner
6		may, within 24 hours of the transfer, send to the clerk written
7		notice of the transfer, including the name and address of the
8		institution to which the child is transferring. Within 24 hours
9		of receipt of notice from the petitioner that a child is
10		transferring to another day-care facility, pre-school,
11		pre-kindergarten, private school, public school, college, or
12		university, the clerk shall send a certified copy of the order
13		to the institution to which the child is transferring.
14		(h) Disclosure by schools. After receiving a certified copy
15		of a protective order that prohibits a respondent's access to
16		records, neither a day-care facility, pre-school,
17		pre-kindergarten, public or private school, college, or
18		university nor its employees shall allow a respondent access to
19		a protected child's records or release information in those
20		records to the respondent. The school shall file the copy of
21		the protective order in the records of a child who is a
22		protected person under the order. When a child who is a
23		protected person under the protective order transfers to
24		another day-care facility, pre-school, pre-kindergarten,
25		public or private school, college, or university, the
26		institution from which the child is transferring may, at the

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1		request of the petitioner, provide, within 24 hours of the
2		transfer, written notice of the protective order, along with a
3		certified copy of the order, to the institution to which the
4		child is transferring.
5		(Source: P.A. 100-199, eff. 1-1-18.)
6		(725 ILCS 5/112A-22.1 new)
7		Sec. 112A-22.1. Short form notification.
8		(a) Instead of personal service of a protective order under
9		Section 112A-22 of this Code, a sheriff, other law enforcement
10		official, special process server, or personnel assigned by the
11		Department of Corrections or Department of Juvenile Justice to
12		investigate the alleged misconduct of committed persons or
13		alleged violations of the person's conditions of parole,
14		aftercare release, or mandatory supervised release, may serve a
15		respondent with a short form notification. The short form
16		notification shall include the following:
17		(1) Respondent's name.
18		(2) Respondent's date of birth, if known.
19		(3) Petitioner's name.
20		(4) Names of other protected parties.
21		(5) Date and county in which the protective order was
22		filed.
23		(6) Court file number.
24		(7) Hearing date and time, if known.
25		(8) Conditions that apply to the respondent, either in

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1		checklist form or handwritten.
2		(b) The short form notification shall contain the following
3		notice in bold print:
4		"The order is now enforceable. You must report to the
5		office of the sheriff or the office of the circuit court in
6		(name of county) County to obtain a copy of the order. You are
7		subject to arrest and may be charged with a misdemeanor or
8		felony if you violate any of the terms of the order."
9		(c) Upon verification of the identity of the respondent and
10		the existence of an unserved order against the respondent, a
11		sheriff or other law enforcement official may detain the
12		respondent for a reasonable time necessary to complete and
13		serve the short form notification.
14		(d) When service is made by short form notification under
15		this Section, it may be proved by the affidavit of the person
16		making the service.
17		(e) The Attorney General shall make the short form
18		notification form available to law enforcement agencies in this
19		State.
20		(725 ILCS 5/112A-22.3)
21		Sec. 112A-22.3. Withdrawal or dismissal of charges or
22		petition.
23		(a) Voluntary dismissal or withdrawal of any delinquency
24		petition or criminal prosecution or a finding of not guilty
25		shall not require dismissal or vacation of the protective

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1		order; instead, at the request of the petitioner, petitioner's
2		counsel, or the State's Attorney on behalf of the petitioner in
3		the discretion of the State's Attorney, or on the court's
4		motion, it may be treated as an independent action and, if
5		necessary and appropriate, transferred to a different court or
6		division. Dismissal of any delinquency petition or criminal
7		prosecution shall not affect the validity of any previously
8		issued protective order.
9		(b) Withdrawal or dismissal of any petition for a
10		protective order shall operate as a dismissal without
11		prejudice.
12		(Source: P.A. 100-199, eff. 1-1-18.)
13		(725 ILCS 5/112A-23) (from Ch. 38, par. 112A-23)
14		Sec. 112A-23. Enforcement of protective orders.
15		(a) When violation is crime. A violation of any protective
16		order of protection, whether issued in a civil, quasi-criminal
17		proceeding, shall be enforced by a criminal court when:
18		(1) The respondent commits the crime of violation of a
19		domestic violence an order of protection pursuant to
20		Section 12-3.4 or 12-30 of the Criminal Code of 1961 or the
21		Criminal Code of 2012, by having knowingly violated:
22		(i) remedies described in paragraphs (1), (2),
23		(3), (14), or (14.5) of subsection (b) of Section
24		112A-14 of this Code,
25		(ii) a remedy, which is substantially similar to

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1		the remedies authorized under paragraphs (1), (2),
2		(3), (14), or (14.5) of subsection (b) of Section 214
3		of the Illinois Domestic Violence Act of 1986, in a
4		valid order of protection, which is authorized under
5		the laws of another state, tribe or United States
6		territory,
7		(iii) or any other remedy when the act constitutes
8		a crime against the protected parties as defined by the
9		Criminal Code of 1961 or the Criminal Code of 2012.
10		Prosecution for a violation of a domestic violence an
11		order of protection shall not bar concurrent prosecution
12		for any other crime, including any crime that may have been
13		committed at the time of the violation of the domestic
14		violence order of protection; or
15		(2) The respondent commits the crime of child abduction
16		pursuant to Section 10-5 of the Criminal Code of 1961 or
17		the Criminal Code of 2012, by having knowingly violated:
18		(i) remedies described in paragraphs (5), (6), or
19		(8) of subsection (b) of Section 112A-14 of this Code,
20		or
21		(ii) a remedy, which is substantially similar to
22		the remedies authorized under paragraphs (1), (5),
23		(6), or (8) of subsection (b) of Section 214 of the
24		Illinois Domestic Violence Act of 1986, in a valid
25		domestic violence order of protection, which is
26		authorized under the laws of another state, tribe or

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1		United States territory.
2		(3) The respondent commits the crime of violation of a
3		civil no contact order when the respondent violates Section
4		12-3.8 of the Criminal Code of 2012. Prosecution for a
5		violation of a civil no contact order shall not bar
6		concurrent prosecution for any other crime, including any
7		crime that may have been committed at the time of the
8		violation of the civil no contact order.
9		(4) The respondent commits the crime of violation of a
10		stalking no contact order when the respondent violates
11		Section 12-3.9 of the Criminal Code of 2012. Prosecution
12		for a violation of a stalking no contact order shall not
13		bar concurrent prosecution for any other crime, including
14		any crime that may have been committed at the time of the
15		violation of the stalking no contact order.
16		(b) When violation is contempt of court. A violation of any
17		valid protective order, whether issued in a civil or criminal
18		proceeding, may be enforced through civil or criminal contempt
19		procedures, as appropriate, by any court with jurisdiction,
20		regardless where the act or acts which violated the protective
21		order were committed, to the extent consistent with the venue
22		provisions of this Article. Nothing in this Article shall
23		preclude any Illinois court from enforcing any valid protective
24		order issued in another state. Illinois courts may enforce
25		protective orders through both criminal prosecution and
26		contempt proceedings, unless the action which is second in time

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1		is barred by collateral estoppel or the constitutional
2		prohibition against double jeopardy.
3		(1) In a contempt proceeding where the petition for a
4		rule to show cause sets forth facts evidencing an immediate
5		danger that the respondent will flee the jurisdiction,
6		conceal a child, or inflict physical abuse on the
7		petitioner or minor children or on dependent adults in
8		petitioner's care, the court may order the attachment of
9		the respondent without prior service of the rule to show
10		cause or the petition for a rule to show cause. Bond shall
11		be set unless specifically denied in writing.
12		(2) A petition for a rule to show cause for violation
13		of a protective order shall be treated as an expedited
14		proceeding.
15		(c) Violation of custody, allocation of parental
16		responsibility, or support orders. A violation of remedies
17		described in paragraphs (5), (6), (8), or (9) of subsection (b)
18		of Section 112A-14 of this Code may be enforced by any remedy
19		provided by Section 607.5 of the Illinois Marriage and
20		Dissolution of Marriage Act. The court may enforce any order
21		for support issued under paragraph (12) of subsection (b) of
22		Section 112A-14 of this Code in the manner provided for under
23		Parts V and VII of the Illinois Marriage and Dissolution of
24		Marriage Act.
25		(d) Actual knowledge. A protective order may be enforced
26		pursuant to this Section if the respondent violates the order

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1		after respondent has actual knowledge of its contents as shown
2		through one of the following means:
3		(1) (Blank).
4		(2) (Blank).
5		(3) By service of a protective an order of protection
6		under subsection (f) of Section 112A-17.5 or Section
7		112A-22 of this Code.
8		(4) By other means demonstrating actual knowledge of
9		the contents of the order.
10		(e) The enforcement of a protective an order of protection
11		in civil or criminal court shall not be affected by either of
12		the following:
13		(1) The existence of a separate, correlative order
14		entered under Section 112A-15 of this Code.
15		(2) Any finding or order entered in a conjoined
16		criminal proceeding.
17		(f) Circumstances. The court, when determining whether or
18		not a violation of a protective order has occurred, shall not
19		require physical manifestations of abuse on the person of the
20		victim.
21		(g) Penalties.
22		(1) Except as provided in paragraph (3) of this
23		subsection (g), where the court finds the commission of a
24		crime or contempt of court under subsections (a) or (b) of
25		this Section, the penalty shall be the penalty that
26		generally applies in such criminal or contempt

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1		proceedings, and may include one or more of the following:
2		incarceration, payment of restitution, a fine, payment of
3		attorneys' fees and costs, or community service.
4		(2) The court shall hear and take into account evidence
5		of any factors in aggravation or mitigation before deciding
6		an appropriate penalty under paragraph (1) of this
7		subsection (g).
8		(3) To the extent permitted by law, the court is
9		encouraged to:
10		(i) increase the penalty for the knowing violation
11		of any protective order over any penalty previously
12		imposed by any court for respondent's violation of any
13		protective order or penal statute involving petitioner
14		as victim and respondent as defendant;
15		(ii) impose a minimum penalty of 24 hours
16		imprisonment for respondent's first violation of any
17		protective order; and
18		(iii) impose a minimum penalty of 48 hours
19		imprisonment for respondent's second or subsequent
20		violation of a protective order
21		unless the court explicitly finds that an increased penalty
22		or that period of imprisonment would be manifestly unjust.
23		(4) In addition to any other penalties imposed for a
24		violation of a protective order, a criminal court may
25		consider evidence of any violations of a protective order:
26		(i) to increase, revoke, or modify the bail bond on

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1		an underlying criminal charge pursuant to Section
2		110-6 of this Code;
3		(ii) to revoke or modify an order of probation,
4		conditional discharge, or supervision, pursuant to
5		Section 5-6-4 of the Unified Code of Corrections;
6		(iii) to revoke or modify a sentence of periodic
7		imprisonment, pursuant to Section 5-7-2 of the Unified
8		Code of Corrections.
9		(Source: P.A. 99-90, eff. 1-1-16; 100-199, eff. 1-1-18.)
10		(725 ILCS 5/112A-24) (from Ch. 38, par. 112A-24)
11		Sec. 112A-24. Modification, re-opening, and extension of
12		orders.
13		(a) Except as otherwise provided in this Section, upon
14		motion by petitioner, petitioner's counsel, or the State's
15		Attorney on behalf of the petitioner, the court may modify a
16		protective order:
17		(1) If respondent has abused petitioner since the
18		hearing for that order, by adding or altering one or more
19		remedies, as authorized by Section 112A-14, 112A-14.5, or
20		112A-14.7 of this Code Article; and
21		(2) Otherwise, by adding any remedy authorized by
22		Section 112A-14, 112A-14.5, or 112A-14.7 which was:
23		(i) reserved in that protective order;
24		(ii) not requested for inclusion in that
25		protective order; or

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1		(iii) denied on procedural grounds, but not on the
2		merits.
3		(a-5) A petitioner, petitioner's counsel, or the State's
4		Attorney on the petitioner's behalf may file a motion to vacate
5		or modify a final permanent stalking no contact order 2 years
6		or more after the expiration of the defendant's sentence. The
7		motion shall be served in accordance with Supreme Court Rules
8		11 and 12.
9		(b) Upon motion by the petitioner, petitioner's counsel,
10		State's Attorney, or respondent, the court may modify any prior
11		domestic violence order of protection's remedy for custody,
12		visitation or payment of support in accordance with the
13		relevant provisions of the Illinois Marriage and Dissolution of
14		Marriage Act.
15		(c) After 30 days following the entry of a protective
16		order, a court may modify that order only when changes in the
17		applicable law or facts since that final plenary order was
18		entered warrant a modification of its terms.
19		(d) (Blank).
20		(e) (Blank).
21		(f) (Blank).
22		(g) This Section does not limit the means, otherwise
23		available by law, for vacating or modifying protective orders.
24		(Source: P.A. 100-199, eff. 1-1-18.)
25		(725 ILCS 5/112A-26) (from Ch. 38, par. 112A-26)

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1		Sec. 112A-26. Arrest without warrant.
2		(a) Any law enforcement officer may make an arrest without
3		warrant if the officer has probable cause to believe that the
4		person has committed or is committing any crime, including but
5		not limited to violation of a domestic violence an order of
6		protection, under Section 12-3.4 or 12-30 of the Criminal Code
7		of 1961 or the Criminal Code of 2012, violation of a civil no
8		contact order, under Section 11-1.75 of the Criminal Code of
9		2012, or violation of a stalking no contact order, under
10		Section 12-7.5A of the Criminal Code of 2012, even if the crime
11		was not committed in the presence of the officer.
12		(b) The law enforcement officer may verify the existence of
13		a protective order by telephone or radio communication with his
14		or her law enforcement agency or by referring to the copy of
15		the order provided by petitioner or respondent.
16		(Source: P.A. 100-199, eff. 1-1-18.)
17		(725 ILCS 5/112A-28) (from Ch. 38, par. 112A-28)
18		Sec. 112A-28. Data maintenance by law enforcement
19		agencies.
20		(a) All sheriffs shall furnish to the Department of State
21		Police, daily, in the form and detail the Department requires,
22		copies of any recorded protective orders issued by the court,
23		and any foreign protective orders of protection filed by the
24		clerk of the court, and transmitted to the sheriff by the clerk
25		of the court. Each protective order shall be entered in the Law

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1		Enforcement Agencies Data System on the same day it is issued
2		by the court.
3		(b) The Department of State Police shall maintain a
4		complete and systematic record and index of all valid and
5		recorded protective orders issued or filed under this Act. The
6		data shall be used to inform all dispatchers and law
7		enforcement officers at the scene of an alleged incident of
8		abuse or violation of a protective order of any recorded prior
9		incident of abuse involving the abused party and the effective
10		dates and terms of any recorded protective order.
11		(c) The data, records and transmittals required under this
12		Section shall pertain to:
13		(1) any valid emergency, interim or plenary domestic
14		violence order of protection, civil no contact or stalking
15		no contact order issued in a civil proceeding; and
16		(2) any valid ex parte or final protective order issued
17		in a criminal proceeding or authorized under the laws of
18		another state, tribe, or United States territory.
19		(Source: P.A. 100-199, eff. 1-1-18.)
20		Section 99. Effective date. This Act takes effect upon
21		becoming law.