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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 on behalf of a named victim who is a
24		minor child or an adult who has been abused by a family or
25		household member and who, because of age, health,

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1		disability, or inaccessibility, cannot file the petition.
2		(b) A petition for a civil no contact order may be filed:
3		(1) by any person who is a named victim of
4		non-consensual sexual conduct or non-consensual sexual
5		penetration, including a single incident of non-consensual
6		sexual conduct or non-consensual sexual penetration; or
7		(2) by a person on behalf of a named victim who is a
8		minor child or an adult who is a victim of non-consensual
9		sexual conduct or non-consensual sexual penetration but,
10		because of age, disability, health, or inaccessibility,
11		cannot file the petition.
12		(c) A petition for a stalking no contact order may be
13		filed:
14		(1) by any person who is a named victim of stalking; or
15		(2) by a person on behalf of a named victim who is a
16		minor child or an adult who is a victim of stalking but,
17		because of age, disability, health, or inaccessibility,
18		cannot file the petition.
19		(d) The State's Attorney shall file a petition on behalf of
20		on any person who may file a petition under subsections (a),
21		(b), or (c) of this Section if the person requests the State's
22		Attorney to file a petition on the person's behalf, unless the
23		State's Attorney informs the court that the State's Attorney
24		has reason to believe that additional investigation would
25		produce evidence that would result in dismissal of the charge.
26		If, after investigation, the State's Attorney decides to

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1		proceed with the charge, the State's Attorney shall file a
2		petition.
3		(d-5) (1) A person eligible to file a petition under
4		subsection (a), (b), or (c) of this Section may retain an
5		attorney to represent the petitioner on the petitioner's
6		request for a protective order. The attorney's representation
7		is limited to matters related to the petition and relief
8		authorized under this Article.
9		(2) Advocates shall be allowed to accompany the
10		petitioner and confer with the victim, unless otherwise
11		directed by the court. Advocates are not engaged in the
12		unauthorized practice of law when providing assistance to
13		the petitioner.
14		(e) Any petition properly filed under this Article may seek
15		protection for any additional persons protected by this
16		Article.
17		(Source: P.A. 100-199, eff. 1-1-18.)
18		(725 ILCS 5/112A-5) (from Ch. 38, par. 112A-5)
19		Sec. 112A-5. Pleading; non-disclosure of address.
20		(a) A petition for a protective order shall be filed in
21		conjunction with a delinquency petition or criminal
22		prosecution, or in conjunction with imprisonment or a bond
23		forfeiture warrant, provided the petition names a victim of the
24		alleged crime. The petition may include a request for an ex
25		parte protective order, a final protective order, or both. The

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1		petition shall be in writing and verified or accompanied by
2		affidavit and shall allege that:
3		(1) petitioner has been abused by respondent, who is a
4		family or household member;
5		(2) respondent has engaged in non-consensual sexual
6		conduct or non-consensual sexual penetration, including a
7		single incident of non-consensual sexual conduct or
8		non-consensual sexual penetration with petitioner; or
9		(3) petitioner has been stalked by respondent.
10		The petition shall further set forth whether there is any
11		other action between the petitioner and respondent. During the
12		pendency of this proceeding, the petitioner and respondent have
13		a continuing duty to inform the court of any subsequent
14		proceeding for a protective order in this State or any other
15		state.
16		(a-5) The petition shall indicate whether an ex parte
17		protective order, a protective order, or both are requested. If
18		the respondent receives notice of a petition for a final
19		protective order and the respondent requests a continuance to
20		respond to the petition, the petitioner may, either orally or
21		in writing, request an ex parte order. petitioner has been
22		abused by respondent, who is a family or household member. The
23		petition shall further set forth whether there is any other
24		action between the petitioner and respondent.
25		(b) The petitioner shall not be required to disclose the
26		petitioner's address. If the petition states that disclosure of

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1		petitioner's address would risk abuse to or endanger the safety
2		of petitioner or any member of petitioner's family or household
3		or reveal the confidential address of a shelter for domestic
4		violence victims, that address may be omitted from all
5		documents filed with the court.
6		(Source: P.A. 100-199, eff. 1-1-18.)
7		(725 ILCS 5/112A-5.5)
8		Sec. 112A-5.5. Time for filing petition; service on
9		respondent, hearing on petition, and default orders.
10		(a) A petition for a protective order may be filed at any
11		time after a criminal charge or delinquency petition is filed
12		and before the charge or delinquency petition is dismissed, the
13		defendant or juvenile is acquitted, or the defendant or
14		juvenile completes service of his or her sentence. The petition
15		can be considered at any court proceeding in the delinquency or
16		criminal case at which the defendant is present. The court may
17		schedule a separate court proceeding to consider the petition.
18		(b) The request for an ex parte protective order may be
19		considered without notice to the respondent under Section
20		112A-17.5 of this Code.
21		(c) A summons shall be issued and served for a protective
22		order. The summons may be served by delivery to the respondent
23		personally in open court in the criminal or juvenile
24		delinquency proceeding, in the form prescribed by subsection
25		(d) of Supreme Court Rule 101, except that it shall require

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1		respondent to answer or appear within 7 days. Attachments to
2		the summons shall include the petition for protective order,
3		supporting affidavits, if any, and any ex parte protective
4		order that has been issued.
5		(d) The summons shall be served by the sheriff or other law
6		enforcement officer at the earliest time available and shall
7		take precedence over any other summons, except those of a
8		similar emergency nature. Attachments to the summons shall
9		include the petition for protective order, supporting
10		affidavits, if any, and any ex parte protective order that has
11		been issued. Special process servers may be appointed at any
12		time and their designation shall not affect the
13		responsibilities and authority of the sheriff or other official
14		process servers. In a county with a population over 3,000,000,
15		a special process server may not be appointed if the protective
16		order grants the surrender of a child, the surrender of a
17		firearm or Firearm Owner's Identification Card, or the
18		exclusive possession of a shared residence.
19		(e) If the respondent is not served within 30 days of the
20		filing of the petition, the court shall schedule a court
21		proceeding on the issue of service. Either the petitioner, the
22		petitioner's counsel, or the State's Attorney shall appear and
23		the court shall either order continued attempts at personal
24		service or shall order service by publication, in accordance
25		with Sections 2-203, 2-206, and 2-207 of the Code of Civil
26		Procedure.

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1		(f) The request for a final protective order can be
2		considered at any court proceeding in the delinquency or
3		criminal case after service of the petition. If the petitioner
4		has not been provided notice of the court proceeding at least
5		10 days in advance of the proceeding, the court shall schedule
6		a hearing on the petition and provide notice to the petitioner.
7		(g) Default orders.
8		(1) A final domestic violence order of protection may
9		be entered by default:
10		(A) for any of the remedies sought in the petition,
11		if respondent has been served with documents under
12		subsection (b) or (c) of this Section and if respondent
13		fails to appear on the specified return date or any
14		subsequent hearing date agreed to by the petitioner and
15		respondent or set by the court; or
16		(B) for any of the remedies provided under
17		paragraph (1), (2), (3), (5), (6), (7), (8), (9), (10),
18		(11), (14), (15), (17), or (18) of subsection (b) of
19		Section 112A-14 of this Code, or if the respondent
20		fails to answer or appear in accordance with the date
21		set in the publication notice or the return date
22		indicated on the service of a household member.
23		(2) A final civil no contact order may be entered by
24		default for any of the remedies provided in Section
25		112A-14.5 of this Code, if respondent has been served with
26		documents under subsection (b) or (c) of this Section, and

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1		if the respondent fails to answer or appear in accordance
2		with the date set in the publication notice or the return
3		date indicated on the service of a household member.
4		(3) A final stalking no contact order may be entered by
5		default for any of the remedies provided by Section
6		112A-14.7 of this Code, if respondent has been served with
7		documents under subsection (b) or (c) of this Section and
8		if the respondent fails to answer or appear in accordance
9		with the date set in the publication notice or the return
10		date indicated on the service of a household member.
11		(Source: P.A. 100-199, eff. 1-1-18.)
12		(725 ILCS 5/112A-6.1 new)
13		Sec. 112A-6.1. Application of rules of civil procedure;
14		criminal law.
15		(a) Any proceeding to obtain, modify, re-open, or appeal a
16		protective order and service of pleadings and notices shall be
17		governed by the rules of civil procedure of this State. The
18		Code of Civil Procedure and Supreme Court and local court rules
19		applicable to civil proceedings shall apply, except as
20		otherwise provided by law. Civil law on venue, discovery, and
21		penalties for untrue statements shall not apply to protective
22		order proceedings heard under this Article.
23		(b) Criminal law on discovery, venue, and penalties for
24		untrue statements apply to protective order proceedings under
25		this Article.

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1		(c) Court proceedings related to the entry of a protective
2		order and the determination of remedies shall not be used to
3		obtain discovery that would not otherwise be available in a
4		criminal prosecution or juvenile delinquency case.
5		(725 ILCS 5/112A-8) (from Ch. 38, par. 112A-8)
6		Sec. 112A-8. Subject matter jurisdiction. Each of the
7		circuit courts shall have the power to issue protective orders
8		of protection.
9		(Source: P.A. 84-1305.)
10		(725 ILCS 5/112A-11.5)
11		Sec. 112A-11.5. Issuance of protective order.
12		(a) Except as provided in subsection (a-5) of this Section,
13		the The court shall grant the petition and enter a protective
14		order if the court finds prima facie evidence that a crime
15		involving domestic violence, a sexual offense, or a crime
16		involving stalking has been committed. The following shall be
17		considered prima facie evidence of the crime:
18		(1) an information, complaint, indictment, or
19		delinquency petition, charging a crime of domestic
20		violence, a sexual offense, or stalking or charging an
21		attempt to commit a crime of domestic violence, a sexual
22		offense, or stalking; or
23		(2) an adjudication of delinquency, a finding of guilt
24		based upon a plea, or a finding of guilt after a trial for

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1		a crime of domestic battery, a sexual crime, or stalking or
2		an attempt to commit a crime of domestic violence, a sexual
3		offense, or stalking;
4		(3) any dispositional order issued under Section 5-710
5		of the Juvenile Court Act of 1987, the imposition of
6		supervision, conditional discharge, probation, periodic
7		imprisonment, parole, aftercare release, or mandatory
8		supervised release for a crime of domestic violence, a
9		sexual offense, or stalking or an attempt to commit a crime
10		of domestic violence, a sexual offense, or stalking, or
11		imprisonment in conjunction with a bond forfeiture
12		warrant; or
13		(4) the entry of a protective order in a separate civil
14		case brought by the petitioner against the respondent.
15		(a-5) The respondent may rebut prima facie evidence of the
16		crime under paragraph (1) of subsection (a) of this Section by
17		presenting evidence of a meritorious defense. The respondent
18		shall file a written notice alleging a meritorious defense
19		which shall be verified and supported by affidavit. The
20		verified notice and affidavit shall set forth the evidence that
21		will be presented at a hearing. If the court finds that the
22		evidence presented at the hearing establishes a meritorious
23		defense by a preponderance of the evidence, the court may
24		decide not to issue a protective order.
25		(b) The petitioner shall not be denied a protective order
26		because the petitioner or the respondent is a minor.

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1		(c) The court, when determining whether or not to issue a
2		protective order, may not require physical injury on the person
3		of the victim.
4		(d) If the court issues a final protective order under this
5		Section, the court shall afford the petitioner and respondent
6		an opportunity to be heard on the remedies requested in the
7		petition.
8		(Source: P.A. 100-199, eff. 1-1-18.)
9		(725 ILCS 5/112A-12) (from Ch. 38, par. 112A-12)
10		Sec. 112A-12. Transfer of issues not decided in cases
11		involving domestic violence.
12		(a) (Blank).
13		(a-5) A petition for a domestic violence order of
14		protection shall be treated as an expedited proceeding, and no
15		court shall transfer or otherwise decline to decide all or part
16		of the petition, except as otherwise provided in this Section.
17		Nothing in this Section shall prevent the court from reserving
18		issues when jurisdiction or notice requirements are not met.
19		(b) A criminal court may decline to decide contested issues
20		of physical care and possession of a minor child, temporary
21		allocation of parental responsibilities or significant
22		decision-making responsibility, parenting time, custody,
23		visitation, or family support, unless a decision on one or more
24		of those contested issues is necessary to avoid the risk of
25		abuse, neglect, removal from the State, state or concealment

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1		within the State state of the child or of separation of the
2		child from the primary caretaker.
3		(c) The court shall transfer to the appropriate court or
4		division any issue it has declined to decide. Any court may
5		transfer any matter which must be tried by jury to a more
6		appropriate calendar or division.
7		(d) If the court transfers or otherwise declines to decide
8		any issue, judgment on that issue shall be expressly reserved
9		and ruling on other issues shall not be delayed or declined.
10		(Source: P.A. 100-199, eff. 1-1-18.)
11		(725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14)
12		Sec. 112A-14. Domestic violence order Order of protection;
13		remedies.
14		(a) (Blank).
15		(b) The court may order any of the remedies listed in this
16		subsection (b). The remedies listed in this subsection (b)
17		shall be in addition to other civil or criminal remedies
18		available to petitioner.
19		(1) Prohibition of abuse. Prohibit respondent's
20		harassment, interference with personal liberty,
21		intimidation of a dependent, physical abuse, or willful
22		deprivation, as defined in this Article, if such abuse has
23		occurred or otherwise appears likely to occur if not
24		prohibited.
25		(2) Grant of exclusive possession of residence.

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1		Prohibit respondent from entering or remaining in any
2		residence, household, or premises of the petitioner,
3		including one owned or leased by respondent, if petitioner
4		has a right to occupancy thereof. The grant of exclusive
5		possession of the residence, household, or premises shall
6		not affect title to real property, nor shall the court be
7		limited by the standard set forth in Section 701 of the
8		Illinois Marriage and Dissolution of Marriage Act.
9		(A) Right to occupancy. A party has a right to
10		occupancy of a residence or household if it is solely
11		or jointly owned or leased by that party, that party's
12		spouse, a person with a legal duty to support that
13		party or a minor child in that party's care, or by any
14		person or entity other than the opposing party that
15		authorizes that party's occupancy (e.g., a domestic
16		violence shelter). Standards set forth in subparagraph
17		(B) shall not preclude equitable relief.
18		(B) Presumption of hardships. If petitioner and
19		respondent each has the right to occupancy of a
20		residence or household, the court shall balance (i) the
21		hardships to respondent and any minor child or
22		dependent adult in respondent's care resulting from
23		entry of this remedy with (ii) the hardships to
24		petitioner and any minor child or dependent adult in
25		petitioner's care resulting from continued exposure to
26		the risk of abuse (should petitioner remain at the

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1		residence or household) or from loss of possession of
2		the residence or household (should petitioner leave to
3		avoid the risk of abuse). When determining the balance
4		of hardships, the court shall also take into account
5		the accessibility of the residence or household.
6		Hardships need not be balanced if respondent does not
7		have a right to occupancy.
8		The balance of hardships is presumed to favor
9		possession by petitioner unless the presumption is
10		rebutted by a preponderance of the evidence, showing
11		that the hardships to respondent substantially
12		outweigh the hardships to petitioner and any minor
13		child or dependent adult in petitioner's care. The
14		court, on the request of petitioner or on its own
15		motion, may order respondent to provide suitable,
16		accessible, alternate housing for petitioner instead
17		of excluding respondent from a mutual residence or
18		household.
19		(3) Stay away order and additional prohibitions. Order
20		respondent to stay away from petitioner or any other person
21		protected by the domestic violence order of protection, or
22		prohibit respondent from entering or remaining present at
23		petitioner's school, place of employment, or other
24		specified places at times when petitioner is present, or
25		both, if reasonable, given the balance of hardships.
26		Hardships need not be balanced for the court to enter a

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1		stay away order or prohibit entry if respondent has no
2		right to enter the premises.
3		(A) If a domestic violence an order of protection
4		grants petitioner exclusive possession of the
5		residence, or prohibits respondent from entering the
6		residence, or orders respondent to stay away from
7		petitioner or other protected persons, then the court
8		may allow respondent access to the residence to remove
9		items of clothing and personal adornment used
10		exclusively by respondent, medications, and other
11		items as the court directs. The right to access shall
12		be exercised on only one occasion as the court directs
13		and in the presence of an agreed-upon adult third party
14		or law enforcement officer.
15		(B) When the petitioner and the respondent attend
16		the same public, private, or non-public elementary,
17		middle, or high school, the court when issuing a
18		domestic violence an order of protection and providing
19		relief shall consider the severity of the act, any
20		continuing physical danger or emotional distress to
21		the petitioner, the educational rights guaranteed to
22		the petitioner and respondent under federal and State
23		law, the availability of a transfer of the respondent
24		to another school, a change of placement or a change of
25		program of the respondent, the expense, difficulty,
26		and educational disruption that would be caused by a

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1		transfer of the respondent to another school, and any
2		other relevant facts of the case. The court may order
3		that the respondent not attend the public, private, or
4		non-public elementary, middle, or high school attended
5		by the petitioner, order that the respondent accept a
6		change of placement or change of program, as determined
7		by the school district or private or non-public school,
8		or place restrictions on the respondent's movements
9		within the school attended by the petitioner. The
10		respondent bears the burden of proving by a
11		preponderance of the evidence that a transfer, change
12		of placement, or change of program of the respondent is
13		not available. The respondent also bears the burden of
14		production with respect to the expense, difficulty,
15		and educational disruption that would be caused by a
16		transfer of the respondent to another school. A
17		transfer, change of placement, or change of program is
18		not unavailable to the respondent solely on the ground
19		that the respondent does not agree with the school
20		district's or private or non-public school's transfer,
21		change of placement, or change of program or solely on
22		the ground that the respondent fails or refuses to
23		consent or otherwise does not take an action required
24		to effectuate a transfer, change of placement, or
25		change of program. When a court orders a respondent to
26		stay away from the public, private, or non-public

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1		school attended by the petitioner and the respondent
2		requests a transfer to another attendance center
3		within the respondent's school district or private or
4		non-public school, the school district or private or
5		non-public school shall have sole discretion to
6		determine the attendance center to which the
7		respondent is transferred. If the court order results
8		in a transfer of the minor respondent to another
9		attendance center, a change in the respondent's
10		placement, or a change of the respondent's program, the
11		parents, guardian, or legal custodian of the
12		respondent is responsible for transportation and other
13		costs associated with the transfer or change.
14		(C) The court may order the parents, guardian, or
15		legal custodian of a minor respondent to take certain
16		actions or to refrain from taking certain actions to
17		ensure that the respondent complies with the order. If
18		the court orders a transfer of the respondent to
19		another school, the parents, guardian, or legal
20		custodian of the respondent is responsible for
21		transportation and other costs associated with the
22		change of school by the respondent.
23		(4) Counseling. Require or recommend the respondent to
24		undergo counseling for a specified duration with a social
25		worker, psychologist, clinical psychologist, psychiatrist,
26		family service agency, alcohol or substance abuse program,

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1		mental health center guidance counselor, agency providing
2		services to elders, program designed for domestic violence
3		abusers or any other guidance service the court deems
4		appropriate. The court may order the respondent in any
5		intimate partner relationship to report to an Illinois
6		Department of Human Services protocol approved partner
7		abuse intervention program for an assessment and to follow
8		all recommended treatment.
9		(5) Physical care and possession of the minor child. In
10		order to protect the minor child from abuse, neglect, or
11		unwarranted separation from the person who has been the
12		minor child's primary caretaker, or to otherwise protect
13		the well-being of the minor child, the court may do either
14		or both of the following: (i) grant petitioner physical
15		care or possession of the minor child, or both, or (ii)
16		order respondent to return a minor child to, or not remove
17		a minor child from, the physical care of a parent or person
18		in loco parentis.
19		If the respondent is charged with abuse (as defined in
20		Section 112A-3 of this Code) of a minor child, there shall
21		be a rebuttable presumption that awarding physical care to
22		respondent would not be in the minor child's best interest.
23		(6) Temporary allocation of parental responsibilities
24		and significant decision-making responsibilities legal
25		custody. Award temporary significant decision-making
26		responsibility legal custody to petitioner in accordance

SB0558 Engrossed - 28 - LRB100 04867 SLF 14877 b
1		with this Section, the Illinois Marriage and Dissolution of
2		Marriage Act, the Illinois Parentage Act of 2015, and this
3		State's Uniform Child-Custody Jurisdiction and Enforcement
4		Act.
5		If the respondent is charged with abuse (as defined in
6		Section 112A-3 of this Code) of a minor child, there shall
7		be a rebuttable presumption that awarding temporary
8		significant decision-making responsibility legal custody
9		to respondent would not be in the child's best interest.
10		(7) Parenting time Visitation. Determine the parenting
11		time visitation rights, if any, of respondent in any case
12		in which the court awards physical care or temporary
13		significant decision-making responsibility legal custody
14		of a minor child to petitioner. The court shall restrict or
15		deny respondent's parenting time visitation with a minor
16		child if the court finds that respondent has done or is
17		likely to do any of the following:
18		(i) abuse or endanger the minor child during
19		parenting time visitation;
20		(ii) use the parenting time visitation as an
21		opportunity to abuse or harass petitioner or
22		petitioner's family or household members;
23		(iii) improperly conceal or detain the minor
24		child; or
25		(iv) otherwise act in a manner that is not in the
26		best interests of the minor child.

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1		The court shall not be limited by the standards set
2		forth in Section 603.10 607.1 of the Illinois Marriage and
3		Dissolution of Marriage Act. If the court grants parenting
4		time visitation, the order shall specify dates and times
5		for the parenting time visitation to take place or other
6		specific parameters or conditions that are appropriate. No
7		order for parenting time visitation shall refer merely to
8		the term "reasonable parenting time" "reasonable
9		visitation". Petitioner may deny respondent access to the
10		minor child if, when respondent arrives for parenting time
11		visitation, respondent is under the influence of drugs or
12		alcohol and constitutes a threat to the safety and
13		well-being of petitioner or petitioner's minor children or
14		is behaving in a violent or abusive manner. If necessary to
15		protect any member of petitioner's family or household from
16		future abuse, respondent shall be prohibited from coming to
17		petitioner's residence to meet the minor child for
18		parenting time visitation, and the petitioner and
19		respondent parties shall submit to the court their
20		recommendations for reasonable alternative arrangements
21		for parenting time visitation. A person may be approved to
22		supervise parenting time visitation only after filing an
23		affidavit accepting that responsibility and acknowledging
24		accountability to the court.
25		(8) Removal or concealment of minor child. Prohibit
26		respondent from removing a minor child from the State or

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1		concealing the child within the State.
2		(9) Order to appear. Order the respondent to appear in
3		court, alone or with a minor child, to prevent abuse,
4		neglect, removal or concealment of the child, to return the
5		child to the custody or care of the petitioner, or to
6		permit any court-ordered interview or examination of the
7		child or the respondent.
8		(10) Possession of personal property. Grant petitioner
9		exclusive possession of personal property and, if
10		respondent has possession or control, direct respondent to
11		promptly make it available to petitioner, if:
12		(i) petitioner, but not respondent, owns the
13		property; or
14		(ii) the petitioner and respondent parties own the
15		property jointly; sharing it would risk abuse of
16		petitioner by respondent or is impracticable; and the
17		balance of hardships favors temporary possession by
18		petitioner.
19		If petitioner's sole claim to ownership of the property
20		is that it is marital property, the court may award
21		petitioner temporary possession thereof under the
22		standards of subparagraph (ii) of this paragraph only if a
23		proper proceeding has been filed under the Illinois
24		Marriage and Dissolution of Marriage Act, as now or
25		hereafter amended.
26		No order under this provision shall affect title to

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1		property.
2		(11) Protection of property. Forbid the respondent
3		from taking, transferring, encumbering, concealing,
4		damaging, or otherwise disposing of any real or personal
5		property, except as explicitly authorized by the court, if:
6		(i) petitioner, but not respondent, owns the
7		property; or
8		(ii) the petitioner and respondent parties own the
9		property jointly, and the balance of hardships favors
10		granting this remedy.
11		If petitioner's sole claim to ownership of the property
12		is that it is marital property, the court may grant
13		petitioner relief under subparagraph (ii) of this
14		paragraph only if a proper proceeding has been filed under
15		the Illinois Marriage and Dissolution of Marriage Act, as
16		now or hereafter amended.
17		The court may further prohibit respondent from
18		improperly using the financial or other resources of an
19		aged member of the family or household for the profit or
20		advantage of respondent or of any other person.
21		(11.5) Protection of animals. Grant the petitioner the
22		exclusive care, custody, or control of any animal owned,
23		possessed, leased, kept, or held by either the petitioner
24		or the respondent or a minor child residing in the
25		residence or household of either the petitioner or the
26		respondent and order the respondent to stay away from the

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1		animal and forbid the respondent from taking,
2		transferring, encumbering, concealing, harming, or
3		otherwise disposing of the animal.
4		(12) Order for payment of support. Order respondent to
5		pay temporary support for the petitioner or any child in
6		the petitioner's care or over whom the petitioner has been
7		allocated parental responsibility custody, when the
8		respondent has a legal obligation to support that person,
9		in accordance with the Illinois Marriage and Dissolution of
10		Marriage Act, which shall govern, among other matters, the
11		amount of support, payment through the clerk and
12		withholding of income to secure payment. An order for child
13		support may be granted to a petitioner with lawful physical
14		care or custody of a child, or an order or agreement for
15		physical care of a child or custody, prior to entry of an
16		order allocating significant decision-making
17		responsibility for legal custody. Such a support order
18		shall expire upon entry of a valid order allocating
19		parental responsibility differently and vacating
20		petitioner's significant decision-making responsibility
21		granting legal custody to another, unless otherwise
22		provided in the custody order.
23		(13) Order for payment of losses. Order respondent to
24		pay petitioner for losses suffered as a direct result of
25		the abuse. Such losses shall include, but not be limited
26		to, medical expenses, lost earnings or other support,

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1		repair or replacement of property damaged or taken,
2		reasonable attorney's fees, court costs, and moving or
3		other travel expenses, including additional reasonable
4		expenses for temporary shelter and restaurant meals.
5		(i) Losses affecting family needs. If a party is
6		entitled to seek maintenance, child support, or
7		property distribution from the other party under the
8		Illinois Marriage and Dissolution of Marriage Act, as
9		now or hereafter amended, the court may order
10		respondent to reimburse petitioner's actual losses, to
11		the extent that such reimbursement would be
12		"appropriate temporary relief", as authorized by
13		subsection (a)(3) of Section 501 of that Act.
14		(ii) Recovery of expenses. In the case of an
15		improper concealment or removal of a minor child, the
16		court may order respondent to pay the reasonable
17		expenses incurred or to be incurred in the search for
18		and recovery of the minor child, including, but not
19		limited to, legal fees, court costs, private
20		investigator fees, and travel costs.
21		(14) Prohibition of entry. Prohibit the respondent
22		from entering or remaining in the residence or household
23		while the respondent is under the influence of alcohol or
24		drugs and constitutes a threat to the safety and well-being
25		of the petitioner or the petitioner's children.
26		(14.5) Prohibition of firearm possession.

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1		(A) A person who is subject to an existing domestic
2		violence order of protection, issued under this Code
3		may not lawfully possess weapons under Section 8.2 of
4		the Firearm Owners Identification Card Act.
5		(B) Any firearms in the possession of the
6		respondent, except as provided in subparagraph (C) of
7		this paragraph (14.5), shall be ordered by the court to
8		be turned over to a person with a valid Firearm Owner's
9		Identification Card for safekeeping. The court shall
10		issue an order that the respondent's Firearm Owner's
11		Identification Card be turned over to the local law
12		enforcement agency, which in turn shall immediately
13		mail the card to the Department of State Police Firearm
14		Owner's Identification Card Office for safekeeping.
15		The period of safekeeping shall be for the duration of
16		the domestic violence order of protection. The firearm
17		or firearms and Firearm Owner's Identification Card,
18		if unexpired, shall at the respondent's request be
19		returned to the respondent at expiration of the
20		domestic violence order of protection.
21		(C) If the respondent is a peace officer as defined
22		in Section 2-13 of the Criminal Code of 2012, the court
23		shall order that any firearms used by the respondent in
24		the performance of his or her duties as a peace officer
25		be surrendered to the chief law enforcement executive
26		of the agency in which the respondent is employed, who

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1		shall retain the firearms for safekeeping for the
2		duration of the domestic violence order of protection.
3		(D) Upon expiration of the period of safekeeping,
4		if the firearms or Firearm Owner's Identification Card
5		cannot be returned to respondent because respondent
6		cannot be located, fails to respond to requests to
7		retrieve the firearms, or is not lawfully eligible to
8		possess a firearm, upon petition from the local law
9		enforcement agency, the court may order the local law
10		enforcement agency to destroy the firearms, use the
11		firearms for training purposes, or for any other
12		application as deemed appropriate by the local law
13		enforcement agency; or that the firearms be turned over
14		to a third party who is lawfully eligible to possess
15		firearms, and who does not reside with respondent.
16		(15) Prohibition of access to records. If a domestic
17		violence an order of protection prohibits respondent from
18		having contact with the minor child, or if petitioner's
19		address is omitted under subsection (b) of Section 112A-5
20		of this Code, or if necessary to prevent abuse or wrongful
21		removal or concealment of a minor child, the order shall
22		deny respondent access to, and prohibit respondent from
23		inspecting, obtaining, or attempting to inspect or obtain,
24		school or any other records of the minor child who is in
25		the care of petitioner.
26		(16) Order for payment of shelter services. Order

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1		respondent to reimburse a shelter providing temporary
2		housing and counseling services to the petitioner for the
3		cost of the services, as certified by the shelter and
4		deemed reasonable by the court.
5		(17) Order for injunctive relief. Enter injunctive
6		relief necessary or appropriate to prevent further abuse of
7		a family or household member or to effectuate one of the
8		granted remedies, if supported by the balance of hardships.
9		If the harm to be prevented by the injunction is abuse or
10		any other harm that one of the remedies listed in
11		paragraphs (1) through (16) of this subsection is designed
12		to prevent, no further evidence is necessary to establish
13		that the harm is an irreparable injury.
14		(18) Telephone services.
15		(A) Unless a condition described in subparagraph
16		(B) of this paragraph exists, the court may, upon
17		request by the petitioner, order a wireless telephone
18		service provider to transfer to the petitioner the
19		right to continue to use a telephone number or numbers
20		indicated by the petitioner and the financial
21		responsibility associated with the number or numbers,
22		as set forth in subparagraph (C) of this paragraph. In
23		For purposes of this paragraph (18), the term "wireless
24		telephone service provider" means a provider of
25		commercial mobile service as defined in 47 U.S.C. 332.
26		The petitioner may request the transfer of each

SB0558 Engrossed - 37 - LRB100 04867 SLF 14877 b
1		telephone number that the petitioner, or a minor child
2		in his or her custody, uses. The clerk of the court
3		shall serve the order on the wireless telephone service
4		provider's agent for service of process provided to the
5		Illinois Commerce Commission. The order shall contain
6		all of the following:
7		(i) The name and billing telephone number of
8		the account holder including the name of the
9		wireless telephone service provider that serves
10		the account.
11		(ii) Each telephone number that will be
12		transferred.
13		(iii) A statement that the provider transfers
14		to the petitioner all financial responsibility for
15		and right to the use of any telephone number
16		transferred under this paragraph.
17		(B) A wireless telephone service provider shall
18		terminate the respondent's use of, and shall transfer
19		to the petitioner use of, the telephone number or
20		numbers indicated in subparagraph (A) of this
21		paragraph unless it notifies the petitioner, within 72
22		hours after it receives the order, that one of the
23		following applies:
24		(i) The account holder named in the order has
25		terminated the account.
26		(ii) A difference in network technology would

SB0558 Engrossed - 38 - LRB100 04867 SLF 14877 b
1		prevent or impair the functionality of a device on
2		a network if the transfer occurs.
3		(iii) The transfer would cause a geographic or
4		other limitation on network or service provision
5		to the petitioner.
6		(iv) Another technological or operational
7		issue would prevent or impair the use of the
8		telephone number if the transfer occurs.
9		(C) The petitioner assumes all financial
10		responsibility for and right to the use of any
11		telephone number transferred under this paragraph. In
12		this paragraph, "financial responsibility" includes
13		monthly service costs and costs associated with any
14		mobile device associated with the number.
15		(D) A wireless telephone service provider may
16		apply to the petitioner its routine and customary
17		requirements for establishing an account or
18		transferring a number, including requiring the
19		petitioner to provide proof of identification,
20		financial information, and customer preferences.
21		(E) Except for willful or wanton misconduct, a
22		wireless telephone service provider is immune from
23		civil liability for its actions taken in compliance
24		with a court order issued under this paragraph.
25		(F) All wireless service providers that provide
26		services to residential customers shall provide to the

SB0558 Engrossed - 39 - LRB100 04867 SLF 14877 b
1		Illinois Commerce Commission the name and address of an
2		agent for service of orders entered under this
3		paragraph (18). Any change in status of the registered
4		agent must be reported to the Illinois Commerce
5		Commission within 30 days of such change.
6		(G) The Illinois Commerce Commission shall
7		maintain the list of registered agents for service for
8		each wireless telephone service provider on the
9		Commission's website. The Commission may consult with
10		wireless telephone service providers and the Circuit
11		Court Clerks on the manner in which this information is
12		provided and displayed.
13		(c) Relevant factors; findings.
14		(1) In determining whether to grant a specific remedy,
15		other than payment of support, the court shall consider
16		relevant factors, including, but not limited to, the
17		following:
18		(i) the nature, frequency, severity, pattern, and
19		consequences of the respondent's past abuse of the
20		petitioner or any family or household member,
21		including the concealment of his or her location in
22		order to evade service of process or notice, and the
23		likelihood of danger of future abuse to petitioner or
24		any member of petitioner's or respondent's family or
25		household; and
26		(ii) the danger that any minor child will be abused

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1		or neglected or improperly relocated removed from the
2		jurisdiction, improperly concealed within the State or
3		improperly separated from the child's primary
4		caretaker.
5		(2) In comparing relative hardships resulting to the
6		parties from loss of possession of the family home, the
7		court shall consider relevant factors, including, but not
8		limited to, the following:
9		(i) availability, accessibility, cost, safety,
10		adequacy, location and other characteristics of
11		alternate housing for each party and any minor child or
12		dependent adult in the party's care;
13		(ii) the effect on the party's employment; and
14		(iii) the effect on the relationship of the party,
15		and any minor child or dependent adult in the party's
16		care, to family, school, church, and community.
17		(3) Subject to the exceptions set forth in paragraph
18		(4) of this subsection (c), the court shall make its
19		findings in an official record or in writing, and shall at
20		a minimum set forth the following:
21		(i) That the court has considered the applicable
22		relevant factors described in paragraphs (1) and (2) of
23		this subsection (c).
24		(ii) Whether the conduct or actions of respondent,
25		unless prohibited, will likely cause irreparable harm
26		or continued abuse.

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1		(iii) Whether it is necessary to grant the
2		requested relief in order to protect petitioner or
3		other alleged abused persons.
4		(4) (Blank).
5		(5) Never married parties. No rights or
6		responsibilities for a minor child born outside of marriage
7		attach to a putative father until a father and child
8		relationship has been established under the Illinois
9		Parentage Act of 1984, or under the Illinois Parentage Act
10		of 2015, the Illinois Public Aid Code, Section 12 of the
11		Vital Records Act, the Juvenile Court Act of 1987, the
12		Probate Act of 1975, the Uniform Interstate Family Support
13		Act, the Expedited Child Support Act of 1990, any judicial,
14		administrative, or other act of another state or territory,
15		any other statute of this State, or by any foreign nation
16		establishing the father and child relationship, any other
17		proceeding substantially in conformity with the federal
18		Personal Responsibility and Work Opportunity
19		Reconciliation Act of 1996, or when both parties appeared
20		in open court or at an administrative hearing acknowledging
21		under oath or admitting by affirmation the existence of a
22		father and child relationship on and after the effective
23		date of that Act. Absent such an adjudication, no putative
24		father shall be granted temporary allocation of parental
25		responsibilities, including parenting time custody of the
26		minor child, visitation with the minor child, or physical

SB0558 Engrossed - 42 - LRB100 04867 SLF 14877 b
1		care and possession of the minor child, nor shall an order
2		of payment for support of the minor child be entered.
3		(d) Balance of hardships; findings. If the court finds that
4		the balance of hardships does not support the granting of a
5		remedy governed by paragraph (2), (3), (10), (11), or (16) of
6		subsection (b) of this Section, which may require such
7		balancing, the court's findings shall so indicate and shall
8		include a finding as to whether granting the remedy will result
9		in hardship to respondent that would substantially outweigh the
10		hardship to petitioner from denial of the remedy. The findings
11		shall be an official record or in writing.
12		(e) Denial of remedies. Denial of any remedy shall not be
13		based, in whole or in part, on evidence that:
14		(1) respondent Respondent has cause for any use of
15		force, unless that cause satisfies the standards for
16		justifiable use of force provided by Article 7 of the
17		Criminal Code of 2012;
18		(2) respondent Respondent was voluntarily intoxicated;
19		(3) petitioner Petitioner acted in self-defense or
20		defense of another, provided that, if petitioner utilized
21		force, such force was justifiable under Article 7 of the
22		Criminal Code of 2012;
23		(4) petitioner Petitioner did not act in self-defense
24		or defense of another;
25		(5) petitioner Petitioner left the residence or
26		household to avoid further abuse by respondent;

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1		(6) petitioner Petitioner did not leave the residence
2		or household to avoid further abuse by respondent; or
3		(7) conduct Conduct by any family or household member
4		excused the abuse by respondent, unless that same conduct
5		would have excused such abuse if the parties had not been
6		family or household members.
7		(Source: P.A. 99-85, eff. 1-1-16; 100-199, eff. 1-1-18;
8		100-388, eff. 1-1-18; revised 10-10-17.)
9		(725 ILCS 5/112A-16) (from Ch. 38, par. 112A-16)
10		Sec. 112A-16. Accountability for Actions of Others. For the
11		purposes of issuing a domestic violence an order of protection,
12		deciding what remedies should be included and enforcing the
13		order, Article 5 of the Criminal Code of 2012 shall govern
14		whether respondent is legally accountable for the conduct of
15		another person.
16		(Source: P.A. 97-1150, eff. 1-25-13.)
17		(725 ILCS 5/112A-17.5 new)
18		Sec. 112A-17.5. Ex parte protective orders.
19		(a) The petitioner may request expedited consideration of
20		the petition for an ex parte protective order. The court shall
21		consider the request on an expedited basis without requiring
22		the respondent's presence or requiring notice to the
23		respondent.
24		(b) Issuance of ex parte protective orders in cases

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1		involving domestic violence. An ex parte domestic violence
2		order of protection shall be issued if petitioner satisfies the
3		requirements of this subsection (b) for one or more of the
4		requested remedies. For each remedy requested, petitioner
5		shall establish that:
6		(1) the court has jurisdiction under Section 112A-9 of
7		this Code;
8		(2) the requirements of subsection (a) of Section
9		112A-11.5 of this Code are satisfied; and
10		(3) there is good cause to grant the remedy, regardless
11		of prior service of process or notice upon the respondent,
12		because:
13		(A) for the remedy of prohibition of abuse
14		described in paragraph (1) of subsection (b) of Section
15		112A-14 of this Code; stay away order and additional
16		prohibitions described in paragraph (3) of subsection
17		(b) of Section 112A-14 of this Code; removal or
18		concealment of minor child described in paragraph (8)
19		of subsection (b) of Section 112A-14 of this Code;
20		order to appear described in paragraph (9) of
21		subsection (b) of Section 112A-14 of this Code;
22		physical care and possession of the minor child
23		described in paragraph (5) of subsection (b) of Section
24		112A-14 of this Code; protection of property described
25		in paragraph (11) of subsection (b) of Section 112A-14
26		of this Code; prohibition of entry described in

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1		paragraph (14) of subsection (b) of Section 112A-14 of
2		this Code; prohibition of firearm possession described
3		in paragraph (14.5) of subsection (b) of Section
4		112A-14 of this Code; prohibition of access to records
5		described in paragraph (15) of subsection (b) of
6		Section 112A-14 of this Code; injunctive relief
7		described in paragraph (16) of subsection (b) of
8		Section 112A-14 of this Code; and telephone services
9		described in paragraph (18) of subsection (b) of
10		Section 112A-14 of this Code, the harm which that
11		remedy is intended to prevent would be likely to occur
12		if the respondent were given any prior notice, or
13		greater notice than was actually given, of the
14		petitioner's efforts to obtain judicial relief;
15		(B) for the remedy of grant of exclusive possession
16		of residence described in paragraph (2) of subsection
17		(b) of Section 112A-14 of this Code; the immediate
18		danger of further abuse of the petitioner by the
19		respondent, if the petitioner chooses or had chosen to
20		remain in the residence or household while the
21		respondent was given any prior notice or greater notice
22		than was actually given of the petitioner's efforts to
23		obtain judicial relief outweighs the hardships to the
24		respondent of an emergency order granting the
25		petitioner exclusive possession of the residence or
26		household; and the remedy shall not be denied because

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1		the petitioner has or could obtain temporary shelter
2		elsewhere while prior notice is given to the
3		respondent, unless the hardship to the respondent from
4		exclusion from the home substantially outweigh the
5		hardship to the petitioner; or
6		(C) for the remedy of possession of personal
7		property described in paragraph (10) of subsection (b)
8		of Section 112A-14 of this Code; improper disposition
9		of the personal property would be likely to occur if
10		the respondent were given any prior notice, or greater
11		notice than was actually given, of the petitioner's
12		efforts to obtain judicial relief or the petitioner has
13		an immediate and pressing need for the possession of
14		that property.
15		An ex parte domestic violence order of protection may not
16		include the counseling, custody, or payment of support or
17		monetary compensation remedies provided by paragraphs (4),
18		(12), (13), and (16) of subsection (b) of Section 112A-14 of
19		this Code.
20		(c) Issuance of ex parte civil no contact order in cases
21		involving sexual offenses. An ex parte civil no contact order
22		shall be issued if the petitioner establishes that:
23		(1) the court has jurisdiction under Section 112A-9 of
24		this Code;
25		(2) the requirements of subsection (a) of Section
26		112A-11.5 of this Code are satisfied; and

SB0558 Engrossed - 47 - LRB100 04867 SLF 14877 b
1		(3) there is good cause to grant the remedy, regardless
2		of prior service of process or of notice upon the
3		respondent, because the harm which that remedy is intended
4		to prevent would be likely to occur if the respondent were
5		given any prior notice, or greater notice than was actually
6		given, of the petitioner's efforts to obtain judicial
7		relief.
8		The court may order any of the remedies under Section
9		112A-14.5 of this Code.
10		(d) Issuance of ex parte stalking no contact order in cases
11		involving stalking offenses. An ex parte stalking no contact
12		order shall be issued if the petitioner establishes that:
13		(1) the court has jurisdiction under Section 112A-9 of
14		this Code;
15		(2) the requirements of subsection (a) of Section
16		112A-11.5 of this Code are satisfied; and
17		(3) there is good cause to grant the remedy, regardless
18		of prior service of process or of notice upon the
19		respondent, because the harm which that remedy is intended
20		to prevent would be likely to occur if the respondent were
21		given any prior notice, or greater notice than was actually
22		given, of the petitioner's efforts to obtain judicial
23		relief.
24		The court may order any of the remedies under Section
25		112A-14.7 of this Code.
26		(e) Issuance of ex parte protective orders on court

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1		holidays and evenings.
2		When the court is unavailable at the close of business, the
3		petitioner may file a petition for an ex parte protective order
4		before any available circuit judge or associate judge who may
5		grant relief under this Article. If the judge finds that
6		petitioner has satisfied the prerequisites in subsection (b),
7		(c), or (d) of this Section, the judge shall issue an ex parte
8		protective order.
9		The chief judge of the circuit court may designate for each
10		county in the circuit at least one judge to be reasonably
11		available to issue orally, by telephone, by facsimile, or
12		otherwise, an ex parte protective order at all times, whether
13		or not the court is in session.
14		The judge who issued the order under this Section shall
15		promptly communicate or convey the order to the sheriff to
16		facilitate the entry of the order into the Law Enforcement
17		Agencies Data System by the Department of State Police under
18		Section 112A-28 of this Code. Any order issued under this
19		Section and any documentation in support of it shall be
20		certified on the next court day to the appropriate court. The
21		clerk of that court shall immediately assign a case number,
22		file the petition, order, and other documents with the court
23		and enter the order of record and file it with the sheriff for
24		service under subsection (f) of this Section. Failure to comply
25		with the requirements of this subsection (e) shall not affect
26		the validity of the order.

SB0558 Engrossed - 49 - LRB100 04867 SLF 14877 b
1		(f) Service of ex parte protective order on respondent.
2		(1) If an ex parte protective order is entered at the
3		time a summons or arrest warrant is issued for the criminal
4		charge, the petition for the protective order, any
5		supporting affidavits, if any, and the ex parte protective
6		order that has been issued shall be served with the summons
7		or arrest warrant. The enforcement of a protective order
8		under Section 112A-23 of this Code shall not be affected by
9		the lack of service or delivery, provided the requirements
10		of subsection (a) of Section 112A-23 of this Code are
11		otherwise met.
12		(2) If an ex parte protective order is entered after a
13		summons or arrest warrant is issued and before the
14		respondent makes an initial appearance in the criminal
15		case, the summons shall be in the form prescribed by
16		subsection (d) of Supreme Court Rule 101, except that it
17		shall require respondent to answer or appear within 7 days
18		and shall be accompanied by the petition for the protective
19		order, any supporting affidavits, if any, and the ex parte
20		protective order that has been issued.
21		(3) If an ex parte protective order is entered after
22		the respondent has been served notice of a petition for a
23		final protective order and the respondent has requested a
24		continuance to respond to the petition, the ex parte
25		protective order shall be served: (A) in open court if the
26		respondent is present at the proceeding at which the order

SB0558 Engrossed - 50 - LRB100 04867 SLF 14877 b
1		was entered; or (B) by summons in the form prescribed by
2		subsection (d) of Supreme Court Rule 101.
3		(4) No fee shall be charged for service of summons.
4		(5) The summons shall be served by the sheriff or other
5		law enforcement officer at the earliest time and shall take
6		precedence over other summonses except those of a similar
7		emergency nature. Special process servers may be appointed
8		at any time, and their designation shall not affect the
9		responsibilities and authority of the sheriff or other
10		official process servers. In a county with a population
11		over 3,000,000, a special process server may not be
12		appointed if an ex parte protective order grants the
13		surrender of a child, the surrender of a firearm or Firearm
14		Owner's Identification Card, or the exclusive possession
15		of a shared residence. Process may be served in court.
16		(g) Upon 7 days' notice to the petitioner, or a shorter
17		notice period as the court may prescribe, a respondent subject
18		to an ex parte protective order may appear and petition the
19		court to re-hear the petition. Any petition to re-hear shall be
20		verified and shall allege the following:
21		(1) that respondent did not receive prior notice of the
22		initial hearing in which the ex parte protective order was
23		entered under Section 112A-17.5 of this Code; and
24		(2) that respondent had a meritorious defense to the
25		order or any of its remedies or that the order or any of
26		its remedies was not authorized under this Article.

SB0558 Engrossed - 51 - LRB100 04867 SLF 14877 b
1		The verified petition and affidavit shall set forth the
2		evidence of the meritorious defense that will be presented at a
3		hearing. If the court finds that the evidence presented at the
4		hearing on the petition establishes a meritorious defense by a
5		preponderance of the evidence, the court may decide to vacate
6		the protective order or modify the remedies.
7		(h) If the ex parte protective order granted petitioner
8		exclusive possession of the residence and the petition of
9		respondent seeks to re-open or vacate that grant, the court
10		shall set a date for hearing within 14 days on all issues
11		relating to exclusive possession. Under no circumstances shall
12		a court continue a hearing concerning exclusive possession
13		beyond the 14th day except by agreement of the petitioner and
14		the respondent. Other issues raised by the pleadings may be
15		consolidated for the hearing if the petitioner, the respondent,
16		and the court do not object.
17		(i) Duration of ex parte protective order. An ex parte
18		order shall remain in effect until the court considers the
19		request for a final protective order after notice has been
20		served on the respondent or a default final protective order is
21		entered, whichever occurs first. If a court date is scheduled
22		for the issuance of a default protective order and the
23		petitioner fails to personally appear or appear through counsel
24		or the prosecuting attorney, the petition shall be dismissed
25		and the ex parte order terminated.

SB0558 Engrossed - 52 - LRB100 04867 SLF 14877 b
1		(725 ILCS 5/112A-20) (from Ch. 38, par. 112A-20)
2		Sec. 112A-20. Duration and extension of final protective
3		orders.
4		(a) (Blank).
5		(b) A final protective order shall remain in effect as
6		follows:
7		(1) if entered during pre-trial release, until
8		disposition, withdrawal, or dismissal of the underlying
9		charge; if, however, the case is continued as an
10		independent cause of action, the order's duration may be
11		for a fixed period of time not to exceed 2 years;
12		(2) if in effect in conjunction with a bond forfeiture
13		warrant, until final disposition or an additional period of
14		time not exceeding 2 years; no domestic violence order of
15		protection, however, shall be terminated by a dismissal
16		that is accompanied by the issuance of a bond forfeiture
17		warrant;
18		(3) until 2 years after the expiration of any
19		supervision, conditional discharge, probation, periodic
20		imprisonment, parole, aftercare release, or mandatory
21		supervised release for domestic violence orders of
22		protection and civil no contact orders; or
23		(4) until 2 years after the date set by the court for
24		expiration of any sentence of imprisonment and subsequent
25		parole, aftercare release, or mandatory supervised release
26		for domestic violence orders of protection and civil no

SB0558 Engrossed - 53 - LRB100 04867 SLF 14877 b
1		contact orders; and
2		(5) permanent for a stalking no contact order if a
3		judgment of conviction for stalking is entered.
4		(c) Computation of time. The duration of a domestic
5		violence an order of protection shall not be reduced by the
6		duration of any prior domestic violence order of protection.
7		(d) Law enforcement records. When a protective order
8		expires upon the occurrence of a specified event, rather than
9		upon a specified date as provided in subsection (b), no
10		expiration date shall be entered in Department of State Police
11		records. To remove the protective order from those records,
12		either the petitioner or the respondent shall request the clerk
13		of the court to file a certified copy of an order stating that
14		the specified event has occurred or that the protective order
15		has been vacated or modified with the sheriff, and the sheriff
16		shall direct that law enforcement records shall be promptly
17		corrected in accordance with the filed order.
18		(e) Extension of Orders. Any domestic violence order of
19		protection or civil no contact order that expires 2 years after
20		the expiration of the defendant's sentence under paragraph (2),
21		(3), or (4) of subsection (b) of Section 112A-20 of this
22		Article may be extended one or more times, as required. The
23		petitioner, petitioner's counsel, or the State's Attorney on
24		the petitioner's behalf shall file the motion for an extension
25		of the final protective order in the criminal case and serve
26		the motion in accordance with Supreme Court Rules 11 and 12.

SB0558 Engrossed - 54 - LRB100 04867 SLF 14877 b
1		The court shall transfer the motion to the appropriate court or
2		division for consideration under subsection (e) of Section 220
3		of the Illinois Domestic Violence Act of 1986, or subsection
4		(c) of Section 216 of the Civil No Contact Order Act, or
5		subsection (c) of Section 105 of the Stalking No Contact Order
6		as appropriate.
7		(f) Termination date. Any final protective order of
8		protection which would expire on a court holiday shall instead
9		expire at the close of the next court business day.
10		(g) Statement of purpose. The practice of dismissing or
11		suspending a criminal prosecution in exchange for issuing a
12		protective an order of protection undermines the purposes of
13		this Article. This Section shall not be construed as
14		encouraging that practice.
15		(Source: P.A. 100-199, eff. 1-1-18.)
16		(725 ILCS 5/112A-21) (from Ch. 38, par. 112A-21)
17		Sec. 112A-21. Contents of orders.
18		(a) Any domestic violence order of protection shall
19		describe, in reasonable detail and not by reference to any
20		other document, the following:
21		(1) Each remedy granted by the court, in reasonable
22		detail and not by reference to any other document, so that
23		respondent may clearly understand what he or she must do or
24		refrain from doing. Pre-printed form orders of protection
25		shall include the definitions of the types of abuse, as

SB0558 Engrossed - 55 - LRB100 04867 SLF 14877 b
1		provided in Section 112A-3 of this Code. Remedies set forth
2		in pre-printed form for domestic violence orders shall be
3		numbered consistently with and corresponding to the
4		numerical sequence of remedies listed in Section 112A-14 of
5		this Code (at least as of the date the form orders are
6		printed).
7		(2) The reason for denial of petitioner's request for
8		any remedy listed in Section 112A-14 of this Code.
9		(b) A domestic violence An order of protection shall
10		further state the following:
11		(1) The name of each petitioner that the court finds is
12		a victim of a charged offense, and that respondent is a
13		member of the family or household of each such petitioner,
14		and the name of each other person protected by the order
15		and that such person is protected by this Code Act.
16		(2) For any remedy requested by petitioner on which the
17		court has declined to rule, that that remedy is reserved.
18		(3) The date and time the domestic violence order of
19		protection was issued.
20		(4) (Blank).
21		(5) (Blank).
22		(6) (Blank).
23		(c) Any domestic violence order of protection shall include
24		the following notice, printed in conspicuous type:
25		"Any knowing violation of a domestic violence an order
26		of protection forbidding physical abuse, harassment,

SB0558 Engrossed - 56 - LRB100 04867 SLF 14877 b
1		intimidation, interference with personal liberty, willful
2		deprivation, or entering or remaining present at specified
3		places when the protected person is present, or granting
4		exclusive possession of the residence or household, or
5		granting a stay away order is a Class A misdemeanor for a
6		first offense, and a Class 4 felony for persons with a
7		prior conviction for certain offenses under subsection (d)
8		of Section 12-3.4 of the Criminal Code of 2012. Grant of
9		exclusive possession of the residence or household shall
10		constitute notice forbidding trespass to land. Any knowing
11		violation of an order awarding legal custody or physical
12		care of a child or prohibiting removal or concealment of a
13		child may be a Class 4 felony. Any willful violation of any
14		order is contempt of court. Any violation may result in
15		fine or imprisonment."
16		(d) (Blank).
17		(e) A domestic violence An order of protection shall state,
18		"This Order of Protection is enforceable, even without
19		registration, in all 50 states, the District of Columbia,
20		tribal lands, and the U.S. territories pursuant to the Violence
21		Against Women Act (18 U.S.C. 2265). Violating this Order of
22		Protection may subject the respondent to federal charges and
23		punishment (18 U.S.C. 2261-2262). The respondent may be subject
24		to federal criminal penalties for possessing, transporting,
25		shipping, or receiving any firearm or ammunition under the Gun
26		Control Act (18 U.S.C. 922(g)(8) and (9))."

SB0558 Engrossed - 57 - LRB100 04867 SLF 14877 b
1		(Source: P.A. 100-199, eff. 1-1-18.)
2		(725 ILCS 5/112A-22) (from Ch. 38, par. 112A-22)
3		Sec. 112A-22. Notice of orders.
4		(a) Entry and issuance. Upon issuance of any protective
5		order of protection, the clerk shall immediately, or on the
6		next court day if an ex parte order is issued under subsection
7		(e) of Section 112A-17.5 of this Code, (i) enter the order on
8		the record and file it in accordance with the circuit court
9		procedures and (ii) provide a file stamped copy of the order to
10		respondent and to petitioner, if present, and to the State's
11		Attorney. If the victim is not present the State's Attorney
12		shall (i) as soon as practicable notify the petitioner the
13		order has been entered and (ii) provide a file stamped copy of
14		the order to the petitioner within 3 days.
15		(b) Filing with sheriff. The clerk of the issuing judge
16		shall, on the same day that a protective order is issued, file
17		a copy of that order with the sheriff or other law enforcement
18		officials charged with maintaining Department of State Police
19		records or charged with serving the order upon respondent. If
20		the order was issued under subsection (e) of Section 112A-17.5
21		of this Code, the clerk on the next court day shall file a
22		certified copy of the order with the sheriff or other law
23		enforcement officials charged with maintaining Department of
24		State Police records.
25		(c) (Blank).

SB0558 Engrossed - 58 - LRB100 04867 SLF 14877 b
1		(c-2) Service by sheriff. Unless respondent was present in
2		court when the order was issued, the sheriff, other law
3		enforcement official, or special process server shall promptly
4		serve that order upon respondent and file proof of the service,
5		in the manner provided for service of process in civil
6		proceedings. Instead of serving the order upon the respondent;
7		however, the sheriff, other law enforcement official, special
8		process server, or other persons defined in Section 112A-22.1
9		of this Code may serve the respondent with a short form
10		notification as provided in Section 112A-22.1 of this Code. If
11		process has not yet been served upon the respondent, process
12		shall be served with the order or short form notification if
13		the service is made by the sheriff, other law enforcement
14		official, or special process server.
15		(c-3) If the person against whom the protective order is
16		issued is arrested and the written order is issued under
17		subsection (e) of Section 112A-17.5 of this Code and received
18		by the custodial law enforcement agency before the respondent
19		or arrestee is released from custody, the custodial law
20		enforcement agency shall promptly serve the order upon the
21		respondent or arrestee before the respondent or arrestee is
22		released from custody. In no event shall detention of the
23		respondent or arrestee be extended for a hearing on the
24		petition for protective order or receipt of the order issued
25		under Section 112A-17 of this Code.
26		(c-4) Extensions, modifications, and revocations. Any

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1		order extending, modifying, or revoking any protective order
2		shall be promptly recorded, issued, and served as provided in
3		this Section.
4		(c-5) (Blank).
5		(d) (Blank).
6		(e) Notice to health care facilities and health care
7		practitioners. Upon the request of the petitioner, the clerk of
8		the circuit court shall send a certified copy of the protective
9		order to any specified health care facility or health care
10		practitioner requested by the petitioner at the mailing address
11		provided by the petitioner.
12		(f) Disclosure by health care facilities and health care
13		practitioners. After receiving a certified copy of a protective
14		order that prohibits a respondent's access to records, no
15		health care facility or health care practitioner shall allow a
16		respondent access to the records of any child who is a
17		protected person under the protective order, or release
18		information in those records to the respondent, unless the
19		order has expired or the respondent shows a certified copy of
20		the court order vacating the corresponding protective order
21		that was sent to the health care facility or practitioner.
22		Nothing in this Section shall be construed to require health
23		care facilities or health care practitioners to alter
24		procedures related to billing and payment. The health care
25		facility or health care practitioner may file the copy of the
26		protective order in the records of a child who is a protected

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1		person under the protective order, or may employ any other
2		method to identify the records to which a respondent is
3		prohibited access. No health care facility or health care
4		practitioner shall be civilly or professionally liable for
5		reliance on a copy of a protective order, except for willful
6		and wanton misconduct.
7		(g) Notice to schools. Upon the request of the petitioner,
8		within 24 hours of the issuance of a protective order, the
9		clerk of the issuing judge shall send a certified copy of the
10		protective order to the day-care facility, pre-school or
11		pre-kindergarten, or private school or the principal office of
12		the public school district or any college or university in
13		which any child who is a protected person under the protective
14		order or any child of the petitioner is enrolled as requested
15		by the petitioner at the mailing address provided by the
16		petitioner. If the child transfers enrollment to another
17		day-care facility, pre-school, pre-kindergarten, private
18		school, public school, college, or university, the petitioner
19		may, within 24 hours of the transfer, send to the clerk written
20		notice of the transfer, including the name and address of the
21		institution to which the child is transferring. Within 24 hours
22		of receipt of notice from the petitioner that a child is
23		transferring to another day-care facility, pre-school,
24		pre-kindergarten, private school, public school, college, or
25		university, the clerk shall send a certified copy of the order
26		to the institution to which the child is transferring.

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1		(h) Disclosure by schools. After receiving a certified copy
2		of a protective order that prohibits a respondent's access to
3		records, neither a day-care facility, pre-school,
4		pre-kindergarten, public or private school, college, or
5		university nor its employees shall allow a respondent access to
6		a protected child's records or release information in those
7		records to the respondent. The school shall file the copy of
8		the protective order in the records of a child who is a
9		protected person under the order. When a child who is a
10		protected person under the protective order transfers to
11		another day-care facility, pre-school, pre-kindergarten,
12		public or private school, college, or university, the
13		institution from which the child is transferring may, at the
14		request of the petitioner, provide, within 24 hours of the
15		transfer, written notice of the protective order, along with a
16		certified copy of the order, to the institution to which the
17		child is transferring.
18		(Source: P.A. 100-199, eff. 1-1-18.)
19		(725 ILCS 5/112A-22.1 new)
20		Sec. 112A-22.1. Short form notification.
21		(a) Instead of personal service of a protective order under
22		Section 112A-22 of this Code, a sheriff, other law enforcement
23		official, special process server, or personnel assigned by the
24		Department of Corrections or Department of Juvenile Justice to
25		investigate the alleged misconduct of committed persons or

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1		alleged violations of the person's conditions of parole,
2		aftercare release, or mandatory supervised release, may serve a
3		respondent with a short form notification. The short form
4		notification shall include the following:
5		(1) Respondent's name.
6		(2) Respondent's date of birth, if known.
7		(3) Petitioner's name.
8		(4) Names of other protected parties.
9		(5) Date and county in which the protective order was
10		filed.
11		(6) Court file number.
12		(7) Hearing date and time, if known.
13		(8) Conditions that apply to the respondent, either in
14		checklist form or handwritten.
15		(b) The short form notification shall contain the following
16		notice in bold print:
17		"The order is now enforceable. You must report to the
18		office of the sheriff or the office of the circuit court in
19		(name of county) County to obtain a copy of the order. You are
20		subject to arrest and may be charged with a misdemeanor or
21		felony if you violate any of the terms of the order."
22		(c) Upon verification of the identity of the respondent and
23		the existence of an unserved order against the respondent, a
24		sheriff or other law enforcement official may detain the
25		respondent for a reasonable time necessary to complete and
26		serve the short form notification.

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1		(d) When service is made by short form notification under
2		this Section, it may be proved by the affidavit of the person
3		making the service.
4		(e) The Attorney General shall make the short form
5		notification form available to law enforcement agencies in this
6		State.
7		(725 ILCS 5/112A-22.3)
8		Sec. 112A-22.3. Withdrawal or dismissal of charges or
9		petition.
10		(a) Voluntary dismissal or withdrawal of any delinquency
11		petition or criminal prosecution or a finding of not guilty
12		shall not require dismissal or vacation of the protective
13		order; instead, at the request of the petitioner, petitioner's
14		counsel, or the State's Attorney on behalf of the petitioner in
15		the discretion of the State's Attorney, or on the court's
16		motion, it may be treated as an independent action and, if
17		necessary and appropriate, transferred to a different court or
18		division. Dismissal of any delinquency petition or criminal
19		prosecution shall not affect the validity of any previously
20		issued protective order.
21		(b) Withdrawal or dismissal of any petition for a
22		protective order shall operate as a dismissal without
23		prejudice.
24		(Source: P.A. 100-199, eff. 1-1-18.)

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1		(725 ILCS 5/112A-23) (from Ch. 38, par. 112A-23)
2		Sec. 112A-23. Enforcement of protective orders.
3		(a) When violation is crime. A violation of any protective
4		order of protection, whether issued in a civil, quasi-criminal
5		proceeding, shall be enforced by a criminal court when:
6		(1) The respondent commits the crime of violation of a
7		domestic violence an order of protection pursuant to
8		Section 12-3.4 or 12-30 of the Criminal Code of 1961 or the
9		Criminal Code of 2012, by having knowingly violated:
10		(i) remedies described in paragraphs (1), (2),
11		(3), (14), or (14.5) of subsection (b) of Section
12		112A-14 of this Code,
13		(ii) a remedy, which is substantially similar to
14		the remedies authorized under paragraphs (1), (2),
15		(3), (14), or (14.5) of subsection (b) of Section 214
16		of the Illinois Domestic Violence Act of 1986, in a
17		valid order of protection, which is authorized under
18		the laws of another state, tribe or United States
19		territory,
20		(iii) or any other remedy when the act constitutes
21		a crime against the protected parties as defined by the
22		Criminal Code of 1961 or the Criminal Code of 2012.
23		Prosecution for a violation of a domestic violence an
24		order of protection shall not bar concurrent prosecution
25		for any other crime, including any crime that may have been
26		committed at the time of the violation of the domestic

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1		violence order of protection; or
2		(2) The respondent commits the crime of child abduction
3		pursuant to Section 10-5 of the Criminal Code of 1961 or
4		the Criminal Code of 2012, by having knowingly violated:
5		(i) remedies described in paragraphs (5), (6), or
6		(8) of subsection (b) of Section 112A-14 of this Code,
7		or
8		(ii) a remedy, which is substantially similar to
9		the remedies authorized under paragraphs (1), (5),
10		(6), or (8) of subsection (b) of Section 214 of the
11		Illinois Domestic Violence Act of 1986, in a valid
12		domestic violence order of protection, which is
13		authorized under the laws of another state, tribe or
14		United States territory.
15		(3) The respondent commits the crime of violation of a
16		civil no contact order when the respondent violates Section
17		12-3.8 of the Criminal Code of 2012. Prosecution for a
18		violation of a civil no contact order shall not bar
19		concurrent prosecution for any other crime, including any
20		crime that may have been committed at the time of the
21		violation of the civil no contact order.
22		(4) The respondent commits the crime of violation of a
23		stalking no contact order when the respondent violates
24		Section 12-3.9 of the Criminal Code of 2012. Prosecution
25		for a violation of a stalking no contact order shall not
26		bar concurrent prosecution for any other crime, including

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1		any crime that may have been committed at the time of the
2		violation of the stalking no contact order.
3		(b) When violation is contempt of court. A violation of any
4		valid protective order, whether issued in a civil or criminal
5		proceeding, may be enforced through civil or criminal contempt
6		procedures, as appropriate, by any court with jurisdiction,
7		regardless where the act or acts which violated the protective
8		order were committed, to the extent consistent with the venue
9		provisions of this Article. Nothing in this Article shall
10		preclude any Illinois court from enforcing any valid protective
11		order issued in another state. Illinois courts may enforce
12		protective orders through both criminal prosecution and
13		contempt proceedings, unless the action which is second in time
14		is barred by collateral estoppel or the constitutional
15		prohibition against double jeopardy.
16		(1) In a contempt proceeding where the petition for a
17		rule to show cause sets forth facts evidencing an immediate
18		danger that the respondent will flee the jurisdiction,
19		conceal a child, or inflict physical abuse on the
20		petitioner or minor children or on dependent adults in
21		petitioner's care, the court may order the attachment of
22		the respondent without prior service of the rule to show
23		cause or the petition for a rule to show cause. Bond shall
24		be set unless specifically denied in writing.
25		(2) A petition for a rule to show cause for violation
26		of a protective order shall be treated as an expedited

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1		proceeding.
2		(c) Violation of custody, allocation of parental
3		responsibility, or support orders. A violation of remedies
4		described in paragraphs (5), (6), (8), or (9) of subsection (b)
5		of Section 112A-14 of this Code may be enforced by any remedy
6		provided by Section 607.5 of the Illinois Marriage and
7		Dissolution of Marriage Act. The court may enforce any order
8		for support issued under paragraph (12) of subsection (b) of
9		Section 112A-14 of this Code in the manner provided for under
10		Parts V and VII of the Illinois Marriage and Dissolution of
11		Marriage Act.
12		(d) Actual knowledge. A protective order may be enforced
13		pursuant to this Section if the respondent violates the order
14		after respondent has actual knowledge of its contents as shown
15		through one of the following means:
16		(1) (Blank).
17		(2) (Blank).
18		(3) By service of a protective an order of protection
19		under subsection (f) of Section 112A-17.5 or Section
20		112A-22 of this Code.
21		(4) By other means demonstrating actual knowledge of
22		the contents of the order.
23		(e) The enforcement of a protective an order of protection
24		in civil or criminal court shall not be affected by either of
25		the following:
26		(1) The existence of a separate, correlative order

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1		entered under Section 112A-15 of this Code.
2		(2) Any finding or order entered in a conjoined
3		criminal proceeding.
4		(f) Circumstances. The court, when determining whether or
5		not a violation of a protective order has occurred, shall not
6		require physical manifestations of abuse on the person of the
7		victim.
8		(g) Penalties.
9		(1) Except as provided in paragraph (3) of this
10		subsection (g), where the court finds the commission of a
11		crime or contempt of court under subsections (a) or (b) of
12		this Section, the penalty shall be the penalty that
13		generally applies in such criminal or contempt
14		proceedings, and may include one or more of the following:
15		incarceration, payment of restitution, a fine, payment of
16		attorneys' fees and costs, or community service.
17		(2) The court shall hear and take into account evidence
18		of any factors in aggravation or mitigation before deciding
19		an appropriate penalty under paragraph (1) of this
20		subsection (g).
21		(3) To the extent permitted by law, the court is
22		encouraged to:
23		(i) increase the penalty for the knowing violation
24		of any protective order over any penalty previously
25		imposed by any court for respondent's violation of any
26		protective order or penal statute involving petitioner

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1		as victim and respondent as defendant;
2		(ii) impose a minimum penalty of 24 hours
3		imprisonment for respondent's first violation of any
4		protective order; and
5		(iii) impose a minimum penalty of 48 hours
6		imprisonment for respondent's second or subsequent
7		violation of a protective order
8		unless the court explicitly finds that an increased penalty
9		or that period of imprisonment would be manifestly unjust.
10		(4) In addition to any other penalties imposed for a
11		violation of a protective order, a criminal court may
12		consider evidence of any violations of a protective order:
13		(i) to increase, revoke, or modify the bail bond on
14		an underlying criminal charge pursuant to Section
15		110-6 of this Code;
16		(ii) to revoke or modify an order of probation,
17		conditional discharge, or supervision, pursuant to
18		Section 5-6-4 of the Unified Code of Corrections;
19		(iii) to revoke or modify a sentence of periodic
20		imprisonment, pursuant to Section 5-7-2 of the Unified
21		Code of Corrections.
22		(Source: P.A. 99-90, eff. 1-1-16; 100-199, eff. 1-1-18.)
23		(725 ILCS 5/112A-24) (from Ch. 38, par. 112A-24)
24		Sec. 112A-24. Modification, re-opening, and extension of
25		orders.

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1		(a) Except as otherwise provided in this Section, upon
2		motion by petitioner, petitioner's counsel, or the State's
3		Attorney on behalf of the petitioner, the court may modify a
4		protective order:
5		(1) If respondent has abused petitioner since the
6		hearing for that order, by adding or altering one or more
7		remedies, as authorized by Section 112A-14, 112A-14.5, or
8		112A-14.7 of this Code Article; and
9		(2) Otherwise, by adding any remedy authorized by
10		Section 112A-14, 112A-14.5, or 112A-14.7 which was:
11		(i) reserved in that protective order;
12		(ii) not requested for inclusion in that
13		protective order; or
14		(iii) denied on procedural grounds, but not on the
15		merits.
16		(a-5) A petitioner, petitioner's counsel, or the State's
17		Attorney on the petitioner's behalf may file a motion to vacate
18		or modify a final permanent stalking no contact order 2 years
19		or more after the expiration of the defendant's sentence. The
20		motion shall be served in accordance with Supreme Court Rules
21		11 and 12.
22		(b) Upon motion by the petitioner, petitioner's counsel,
23		State's Attorney, or respondent, the court may modify any prior
24		domestic violence order of protection's remedy for custody,
25		visitation or payment of support in accordance with the
26		relevant provisions of the Illinois Marriage and Dissolution of

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1		Marriage Act.
2		(c) After 30 days following the entry of a protective
3		order, a court may modify that order only when changes in the
4		applicable law or facts since that final plenary order was
5		entered warrant a modification of its terms.
6		(d) (Blank).
7		(e) (Blank).
8		(f) (Blank).
9		(g) This Section does not limit the means, otherwise
10		available by law, for vacating or modifying protective orders.
11		(Source: P.A. 100-199, eff. 1-1-18.)
12		(725 ILCS 5/112A-26) (from Ch. 38, par. 112A-26)
13		Sec. 112A-26. Arrest without warrant.
14		(a) Any law enforcement officer may make an arrest without
15		warrant if the officer has probable cause to believe that the
16		person has committed or is committing any crime, including but
17		not limited to violation of a domestic violence an order of
18		protection, under Section 12-3.4 or 12-30 of the Criminal Code
19		of 1961 or the Criminal Code of 2012, violation of a civil no
20		contact order, under Section 11-1.75 of the Criminal Code of
21		2012, or violation of a stalking no contact order, under
22		Section 12-7.5A of the Criminal Code of 2012, even if the crime
23		was not committed in the presence of the officer.
24		(b) The law enforcement officer may verify the existence of
25		a protective order by telephone or radio communication with his

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1		or her law enforcement agency or by referring to the copy of
2		the order provided by petitioner or respondent.
3		(Source: P.A. 100-199, eff. 1-1-18.)
4		(725 ILCS 5/112A-28) (from Ch. 38, par. 112A-28)
5		Sec. 112A-28. Data maintenance by law enforcement
6		agencies.
7		(a) All sheriffs shall furnish to the Department of State
8		Police, daily, in the form and detail the Department requires,
9		copies of any recorded protective orders issued by the court,
10		and any foreign protective orders of protection filed by the
11		clerk of the court, and transmitted to the sheriff by the clerk
12		of the court. Each protective order shall be entered in the Law
13		Enforcement Agencies Data System on the same day it is issued
14		by the court.
15		(b) The Department of State Police shall maintain a
16		complete and systematic record and index of all valid and
17		recorded protective orders issued or filed under this Act. The
18		data shall be used to inform all dispatchers and law
19		enforcement officers at the scene of an alleged incident of
20		abuse or violation of a protective order of any recorded prior
21		incident of abuse involving the abused party and the effective
22		dates and terms of any recorded protective order.
23		(c) The data, records and transmittals required under this
24		Section shall pertain to:
25		(1) any valid emergency, interim or plenary domestic

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1		violence order of protection, civil no contact or stalking
2		no contact order issued in a civil proceeding; and
3		(2) any valid ex parte or final protective order issued
4		in a criminal proceeding or authorized under the laws of
5		another state, tribe, or United States territory.
6		(Source: P.A. 100-199, eff. 1-1-18.)
7		Section 99. Effective date. This Act takes effect upon
8		becoming law.