Sen. Elgie R. Sims, Jr.
Filed: 2/22/2018
 
 


 




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1
AMENDMENT TO SENATE BILL 558 




2 AMENDMENT NO. ______. Amend Senate Bill 558 by replacing 
3everything after the enacting clause with the following:


4 "Section 5. The Code of Criminal Procedure of 1963 is 
5amended by changing Sections 112A-1.5, 112A-2.5, 112A-3, 
6112A-4.5, 112A-5, 112A-5.5, 112A-8, 112A-11.5, 112A-12, 
7112A-14, 112A-16, 112A-20, 112A-21, 112A-22, 112A-22.3, 
8112A-23, 112A-24, 112A-26, and 112A-28 and by adding Sections 
9112A-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 
12this Article is to protect the safety of victims of domestic 
13violence, sexual assault, sexual abuse, and stalking and the 
14safety of their family and household members; and to minimize 
15the trauma and inconvenience associated with attending 
16separate and multiple civil court proceedings to obtain 
 
 
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1protective orders. This Article shall be interpreted in 
2accordance with the constitutional rights of crime victims set 
3forth in Article I, Section 8.1 of the Illinois Constitution, 
4the purposes set forth in Section 2 of the Rights of Crime 
5Victims and Witnesses Act, and the use of protective orders to 
6implement the victim's right to be reasonably protected from 
7the defendant as provided in Section 4.5 of the Rights of 
8Victims and Witnesses Act.

9(Source: P.A. 100-199, eff. 1-1-18.)

10 (725 ILCS 5/112A-2.5)
11 Sec. 112A-2.5. Types of protective orders. The following 
12protective orders may be entered in conjunction with a 
13delinquency petition or a criminal prosecution:
14  (1) a domestic violence an order of protection in cases 
15 involving domestic violence;
16  (2) a civil no contact order in cases involving sexual 
17 offenses; or
18  (3) a stalking no contact order in cases involving 
19 stalking offenses.

20(Source: P.A. 100-199, eff. 1-1-18.)



21 (725 ILCS 5/112A-3) (from Ch. 38, par. 112A-3)



22 Sec. 112A-3. Definitions.
23 (a) In For the purposes of this Article: ,
24 "Advocate" means a person whose communications with the 
 
 
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1victim are privileged under Section 8-802.1 or 8-802.2 of the 
2Code of Civil Procedure or Section 227 of the Illinois Domestic 
3Violence Act of 1986.
4 "Named victim" means the person named as the victim in the 
5delinquency petition or criminal prosecution.
6 "Protective order" "protective order" means a domestic 
7violence order of protection, a civil no contact order, or a 
8stalking no contact order.

9 (b) For the purposes of domestic violence cases, the 
10following terms shall have the following meanings in this 
11Article: 
12  (1) "Abuse" means physical abuse, harassment, 
13 intimidation of a
dependent, interference with personal 
14 liberty or willful deprivation but
does not include 
15 reasonable direction of a minor child by a parent or
person 
16 in loco parentis.

17  (2) "Domestic violence" means abuse as described in 
18 paragraph (1) of this subsection (b).

19  (3) "Family or household members" include spouses, 
20 former spouses,
parents, children, stepchildren, and other 
21 persons related by blood or
by present or prior marriage, 
22 persons who share or formerly shared a
common dwelling, 
23 persons who have or allegedly have a child in common, 
24 persons
who share or allegedly share a blood relationship 
25 through a child, persons who
have or have had a dating or 
26 engagement relationship, persons with disabilities
and 
 
 
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1 their personal assistants, and caregivers as defined in 
2 subsection (e) of Section 12-4.4a of the Criminal Code of 
3 2012.
For purposes of this paragraph (3), neither a casual 
4 acquaintanceship nor
ordinary fraternization between 2 
5 individuals in business or social
contexts shall be deemed 
6 to constitute a dating relationship.

7  (4) "Harassment" means knowing conduct which
is not 
8 necessary to accomplish a purpose which is reasonable under 
9 the
circumstances; would cause a reasonable person 
10 emotional distress; and
does cause emotional distress to 
11 the petitioner.
Unless the presumption is rebutted by a 
12 preponderance of the evidence, the
following types of 
13 conduct shall be presumed to cause emotional distress:

14   (i) creating a disturbance at petitioner's place 
15 of employment or school;

16   (ii) repeatedly telephoning petitioner's place of 
17 employment, home or
residence;

18   (iii) repeatedly following petitioner about in a 
19 public place or places;

20   (iv) repeatedly keeping petitioner under 
21 surveillance by remaining
present outside his or her 
22 home, school, place of employment, vehicle or
other 
23 place occupied by petitioner or by peering in 
24 petitioner's windows;

25   (v) improperly concealing a minor child from 
26 petitioner, repeatedly
threatening to improperly 
 
 
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1 remove a minor child of petitioner's from the

2 jurisdiction or from the physical care of petitioner, 
3 repeatedly threatening to
conceal a minor child from 
4 petitioner, or making a single such threat following
an 
5 actual or attempted improper removal or concealment, 
6 unless respondent was
fleeing from an incident or 
7 pattern of domestic violence; or

8   (vi) threatening physical force, confinement or 
9 restraint on one or more
occasions.

10  (5) "Interference with personal liberty" means 
11 committing or threatening
physical abuse, harassment, 
12 intimidation or willful deprivation so as to
compel another 
13 to engage in conduct from which she or he has a right to

14 abstain or to refrain from conduct
in which she or he has a 
15 right to engage.

16  (6) "Intimidation of a dependent" means subjecting a 
17 person who is
dependent because of age, health, or 
18 disability to participation in or the
witnessing of: 
19 physical force against another or physical confinement or

20 restraint of another which constitutes physical abuse as 
21 defined in this
Article, regardless of whether the abused 
22 person is a family or household member.

23  (7) "Order of protection" or "domestic violence order 
24 of protection" means an ex parte or final order, granted 
25 pursuant to this Article, which includes any or all
of the 
26 remedies authorized by Section 112A-14 of this Code.

 
 
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1  (8) "Petitioner" may mean not only any named petitioner 
2 for the domestic violence order of
protection and any named 
3 victim of abuse on whose behalf the petition
is brought, 
4 but also any other person protected by this Article.

5  (9) "Physical abuse" includes sexual abuse and means 
6 any of the following:

7   (i) knowing or reckless use of physical force, 
8 confinement or restraint;

9   (ii) knowing, repeated and unnecessary sleep 
10 deprivation; or

11   (iii) knowing or reckless conduct which creates an 
12 immediate
risk of physical harm.

13  (9.3) "Respondent" in a petition for a domestic 
14 violence an order of protection means the defendant. 
15  (9.5) "Stay away" means for the respondent to refrain 
16 from both physical presence and nonphysical contact with 
17 the petitioner whether direct, indirect (including, but 
18 not limited to, telephone calls, mail, email, faxes, and 
19 written notes), or through third parties who may or may not 
20 know about the domestic violence order of protection.

21  (10) "Willful deprivation" means wilfully denying a 
22 person who because of
age, health or disability requires 
23 medication, medical care, shelter,
accessible shelter or 
24 services, food, therapeutic device, or other physical

25 assistance, and thereby exposing that person to the risk of 
26 physical, mental or
emotional harm, except with regard to 
 
 
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1 medical care and treatment when such
dependent person has 
2 expressed the intent to forgo such medical care or

3 treatment. This paragraph (10) does not create any new 
4 affirmative duty to provide
support to dependent persons.

5 (c) For the purposes of cases involving sexual offenses, 
6the following terms shall have the following meanings in this 
7Article:
8  (1) "Civil no contact order" means an ex parte or final 
9 order granted under this Article, which includes a remedy 
10 authorized by Section 112A-14.5 of this Code.
11  (2) "Family or household members" include spouses, 
12 parents, children, stepchildren, and persons who share a 
13 common dwelling.
14  (3) "Non-consensual" means a lack of freely given 
15 agreement.
16  (4) "Petitioner" means not only any named petitioner 
17 for the civil no contact order and any named victim of 
18 non-consensual sexual conduct or non-consensual sexual 
19 penetration on whose behalf the petition is brought, but 
20 includes any other person sought to be protected under this 
21 Article.
22  (5) "Respondent" in a petition for a civil no contact 
23 order means the defendant.
24  (6) "Sexual conduct" means any intentional or knowing 
25 touching or fondling by the petitioner or the respondent, 
26 either directly or through clothing, of the sex organs, 
 
 
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1 anus, or breast of the petitioner or the respondent, or any 
2 part of the body of a child under 13 years of age, or any 
3 transfer or transmission of semen by the respondent upon 
4 any part of the clothed or unclothed body of the 
5 petitioner, for the purpose of sexual gratification or 
6 arousal of the petitioner or the respondent.
7  (7) "Sexual penetration" means any contact, however 
8 slight, between the sex organ or anus of one person by an 
9 object, the sex organ, mouth or anus of another person, or 
10 any intrusion, however slight, of any part of the body of 
11 one person or of any animal or object into the sex organ or 
12 anus of another person, including, but not limited to, 
13 cunnilingus, fellatio, or anal penetration. Evidence of 
14 emission of semen is not required to prove sexual 
15 penetration.
16  (8) "Stay away" means to refrain from both physical 
17 presence and nonphysical contact with the petitioner 
18 directly, indirectly, or through third parties who may or 
19 may not know of the order. "Nonphysical contact" includes, 
20 but is not limited to, telephone calls, mail, e-mail, fax, 
21 and written notes. 
22 (d) For the purposes of cases involving stalking offenses, 
23the following terms shall have the following meanings in this 
24Article:
25  (1) "Course of conduct" means 2 or more acts, 
26 including, but not limited to, acts in which a respondent 
 
 
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1 directly, indirectly, or through third parties, by any 
2 action, method, device, or means follows, monitors, 
3 observes, surveils, threatens, or communicates to or 
4 about, a person, engages in other contact, or interferes 
5 with or damages a person's property or pet. A course of 
6 conduct may include contact via electronic communications. 
7 The incarceration of a person in a penal institution who 
8 commits the course of conduct is not a bar to prosecution.
9  (2) "Emotional distress" means significant mental 
10 suffering, anxiety, or alarm.
11  (3) "Contact" includes any contact with the victim, 
12 that is initiated or continued without the victim's 
13 consent, or that is in disregard of the victim's expressed 
14 desire that the contact be avoided or discontinued, 
15 including, but not limited to, being in the physical 
16 presence of the victim; appearing within the sight of the 
17 victim; approaching or confronting the victim in a public 
18 place or on private property; appearing at the workplace or 
19 residence of the victim; entering onto or remaining on 
20 property owned, leased, or occupied by the victim; or 
21 placing an object on, or delivering an object to, property 
22 owned, leased, or occupied by the victim.
23  (4) "Petitioner" means any named petitioner for the 
24 stalking no contact order or any named victim of stalking 
25 on whose behalf the petition is brought.
26  (5) "Reasonable person" means a person in the 
 
 
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1 petitioner's circumstances with the petitioner's knowledge 
2 of the respondent and the respondent's prior acts.
3  (6) "Respondent" in a petition for a civil no contact 
4 order means the defendant. 
5  (7) "Stalking" means engaging in a course of conduct 
6 directed at a specific person, and he or she knows or 
7 should know that this course of conduct would cause a 
8 reasonable person to fear for his or her safety or the 
9 safety of a third person or suffer emotional distress. 
10 "Stalking" does not include an exercise of the right to 
11 free speech or assembly that is otherwise lawful or 
12 picketing occurring at the workplace that is otherwise 
13 lawful and arises out of a bona fide labor dispute, 
14 including any controversy concerning wages, salaries, 
15 hours, working conditions or benefits, including health 
16 and welfare, sick leave, insurance, and pension or 
17 retirement provisions, the making or maintaining of 
18 collective bargaining agreements, and the terms to be 
19 included in those agreements.
20  (8) "Stalking no contact order" means an ex parte or 
21 final order granted under this Article, which includes a 
22 remedy authorized by Section 112A-14.7 of this Code. 
23(Source: P.A. 100-199, eff. 1-1-18.)


24 (725 ILCS 5/112A-4.5)
25 Sec. 112A-4.5. Who may file petition.
 
 
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1 (a) A petition for a domestic violence an order of 
2protection may be filed:
3  (1) by a named victim person
who
has been abused by a 
4 family or household member; or
5  (2) by any person on behalf
of a named victim who is a 
6 minor child or an adult who has been
abused by a family or 
7 household
member and who, because of age, health, 
8 disability, or inaccessibility,
cannot file the petition. 
9 (b) A petition for a civil no contact order may be filed:
10  (1) by any person who is a named victim of 
11 non-consensual
sexual conduct or non-consensual sexual 
12 penetration, including a single incident of non-consensual 
13 sexual conduct or non-consensual sexual penetration; or
14  (2) by a person on behalf of a named victim who is a 
15 minor child or an
adult who is a victim of non-consensual 
16 sexual conduct or non-consensual sexual penetration but, 
17 because of age, disability, health, or inaccessibility, 
18 cannot file the petition.
19 (c) A petition for a stalking no contact order may be 
20filed:
21  (1) by any person who is a named victim of stalking; or
22  (2) by a person on behalf of a named victim who is a 
23 minor child or an
adult who is a victim of stalking but, 
24 because of age, disability, health, or inaccessibility, 
25 cannot file the petition.
26 (d) The State's Attorney shall file a petition on behalf of 
 
 
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1on any person who may file a petition under subsections (a), 
2(b), or (c) of this Section if the person requests the State's 
3Attorney to file a petition on the person's behalf, unless the 
4State's Attorney informs the court that the State's Attorney 
5has reason to believe that additional investigation would 
6produce evidence that would result in dismissal of the charge. 
7If, after investigation, the State's Attorney decides to 
8proceed with the charge, the State's Attorney shall file a 
9petition. 
10 (d-5) (1) A person eligible to file a petition under 
11subsection (a), (b), or (c) of this Section may retain an 
12attorney to represent the petitioner on the petitioner's 
13request for a protective order. The attorney's representation 
14is limited to matters related to the petition and relief 
15authorized under this Article.
16  (2) Advocates shall be allowed to accompany the 
17 petitioner and confer with the victim, unless otherwise 
18 directed by the court. Advocates are not engaged in the 
19 unauthorized practice of law when providing assistance to 
20 the petitioner. 
21 (e) Any petition properly
filed under this Article may seek

22protection for any additional persons protected by this 
23Article. 

24(Source: P.A. 100-199, eff. 1-1-18.)



25 (725 ILCS 5/112A-5) (from Ch. 38, par. 112A-5)



 
 
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1 Sec. 112A-5. Pleading; non-disclosure of address. 


2 (a) A petition for a protective order shall be filed in 
3conjunction with a delinquency petition or criminal 
4prosecution, or in conjunction with imprisonment or a bond 
5forfeiture warrant, provided the petition names a victim of the 
6alleged crime. The petition may include a request for an ex 
7parte protective order, a final protective order, or both. The 
8petition shall be in writing and verified or accompanied by

9affidavit
and shall allege that:
10  (1) petitioner has been abused by respondent, who is a 
11 family or household member;
12  (2) respondent has engaged in non-consensual sexual 
13 conduct or non-consensual sexual penetration, including a 
14 single incident of non-consensual sexual conduct or 
15 non-consensual sexual penetration with petitioner; or
16  (3) petitioner has been stalked by respondent.
17 The petition shall further set forth whether there is any 
18other action between the petitioner and respondent. During the 
19pendency of this proceeding, the petitioner and respondent have 
20a continuing duty to inform the court of any subsequent 
21proceeding for a protective order in this State or any other 
22state.
23 (a-5) The petition shall indicate whether an ex parte 
24protective order, a protective order, or both are requested. If 
25the respondent receives notice of a petition for a final 
26protective order and the respondent requests a continuance to 
 
 
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1respond to the petition, the petitioner may, either orally or 
2in writing, request an ex parte order. petitioner has been 
3abused by respondent, who is a
family or household member.
The 
4petition shall further set forth whether there is any other

5action between the petitioner and respondent.

6 (b) The petitioner shall not be required to disclose the 
7petitioner's address. If the petition states that disclosure of 
8petitioner's
address would risk abuse to or endanger the safety 
9of petitioner or any member of petitioner's
family or household

10or reveal the confidential address of a shelter for domestic 
11violence victims,
that address may be omitted from all 
12documents filed with the court.

13(Source: P.A. 100-199, eff. 1-1-18.)


14 (725 ILCS 5/112A-5.5)
15 Sec. 112A-5.5. Time for filing petition; service on 
16respondent, hearing on petition, and default orders. 
17 (a) A petition for a protective order may be filed at any 
18time after a criminal charge or delinquency petition is filed 
19and before the charge or delinquency petition is dismissed, the 
20defendant or juvenile is acquitted, or the defendant or 
21juvenile completes service of his or her sentence. The petition 
22can be considered at any court proceeding in the delinquency or 
23criminal case at which the defendant is present. The court may 
24schedule a separate court proceeding to consider the petition.

25 (b) The request for an ex parte protective order may be 
 
 
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1considered without notice to the respondent under Section 
2112A-17.5 of this Code.
3 (c) A summons shall be issued and served for a protective 
4order. The summons may be served by delivery to the respondent 
5personally in open court in the criminal or juvenile 
6delinquency proceeding, in the form prescribed by subsection 
7(d) of Supreme Court Rule 101, except that it shall require 
8respondent to answer or appear within 7 days. Attachments to 
9the summons shall include the petition for protective order, 
10supporting affidavits, if any, and any ex parte protective 
11order that has been issued.
12 (d) The summons shall be served by the sheriff or other law 
13enforcement officer at the earliest time available and shall 
14take precedence over any other summons, except those of a 
15similar emergency nature. Attachments to the summons shall 
16include the petition for protective order, supporting 
17affidavits, if any, and any ex parte protective order that has 
18been issued. Special process servers may be appointed at any 
19time and their designation shall not affect the 
20responsibilities and authority of the sheriff or other official 
21process servers. In a county with a population over 3,000,000, 
22a special process server may not be appointed if the protective 
23order grants the surrender of a child, the surrender of a 
24firearm or Firearm Owner's Identification Card, or the 
25exclusive possession of a shared residence.
26 (e) If the respondent is not served within 30 days of the 
 
 
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1filing of the petition, the court shall schedule a court 
2proceeding on the issue of service. Either the petitioner, the 
3petitioner's counsel, or the State's Attorney shall appear and 
4the court shall either order continued attempts at personal 
5service or shall order service by publication, in accordance 
6with Sections 2-203, 2-206, and 2-207 of the Code of Civil 
7Procedure.
8 (f) The request for a final protective order can be 
9considered at any court proceeding in the delinquency or 
10criminal case after service of the petition. If the petitioner 
11has not been provided notice of the court proceeding at least 
1210 days in advance of the proceeding, the court shall schedule 
13a hearing on the petition and provide notice to the petitioner.
14 (g) Default orders.
15  (1) A final domestic violence order of protection may 
16 be entered by default:
17   (A) for any of the remedies sought in the petition, 
18 if respondent has been served with documents under 
19 subsection (b) or (c) of this Section and if respondent 
20 fails to appear on the specified return date or any 
21 subsequent hearing date agreed to by the petitioner and 
22 respondent or set by the court; or
23   (B) for any of the remedies provided under 
24 paragraph (1), (2), (3), (5), (6), (7), (8), (9), (10), 
25 (11), (14), (15), (17), or (18) of subsection (b) of 
26 Section 112A-14 of this Code, or if the respondent 
 
 
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1 fails to answer or appear in accordance with the date 
2 set in the publication notice or the return date 
3 indicated on the service of a household member.
4  (2) A final civil no contact order may be entered by 
5 default for any of the remedies provided in Section 
6 112A-14.5 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  (3) A final stalking no contact order may be entered by 
12 default for any of the remedies provided by Section 
13 112A-14.7 of this Code, if respondent has been served with 
14 documents under subsection (b) or (c) of this Section and 
15 if the respondent fails to answer or appear in accordance 
16 with the date set in the publication notice or the return 
17 date indicated on the service of a household member. 
18(Source: P.A. 100-199, eff. 1-1-18.)

19 (725 ILCS 5/112A-6.1 new)
20 Sec. 112A-6.1. Application of rules of civil procedure; 
21criminal law.
22 (a) Any proceeding to obtain, modify, re-open, or appeal a 
23protective order and service of pleadings and notices shall be 
24governed by the rules of civil procedure of this State. The 
25Code of Civil Procedure and Supreme Court and local court rules 
 
 
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1applicable to civil proceedings shall apply, except as 
2otherwise provided by law. Civil law on venue, discovery, and 
3penalties for untrue statements shall not apply to protective 
4order proceedings heard under this Article.
5 (b) Criminal law on discovery, venue, and penalties for 
6untrue statements apply to protective order proceedings under 
7this Article.
8 (c) Court proceedings related to the entry of a protective 
9order and the determination of remedies shall not be used to 
10obtain discovery that would not otherwise be available in a 
11criminal prosecution or juvenile delinquency case.




12 (725 ILCS 5/112A-8) (from Ch. 38, par. 112A-8)



13 Sec. 112A-8. Subject matter jurisdiction. Each of the 
14circuit courts
shall have the power to issue protective orders 
15of protection.

16(Source: P.A. 84-1305.)


17 (725 ILCS 5/112A-11.5)
18 Sec. 112A-11.5. Issuance of protective order.
19 (a) Except as provided in subsection (a-5) of this Section, 
20the The court shall grant the petition and enter a protective 
21order if the court finds prima facie evidence that a crime 
22involving domestic violence, a sexual offense, or a crime 
23involving stalking has been committed. The following shall be 
24considered prima facie evidence of the crime:
 
 
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1  (1) an information, complaint, indictment, or 
2 delinquency petition, charging a crime of domestic 
3 violence, a sexual offense, or stalking or charging an 
4 attempt to commit a crime of domestic violence, a sexual 
5 offense, or stalking; or
6  (2) an adjudication of delinquency, a finding of guilt 
7 based upon a plea, or a finding of guilt after a trial for 
8 a crime of domestic battery, a sexual crime, or stalking or 
9 an attempt to commit a crime of domestic violence, a sexual 
10 offense, or stalking;
11  (3) any dispositional order issued under Section 5-710 
12 of the Juvenile Court Act of 1987, the imposition of 
13 supervision, conditional discharge, probation, periodic 
14 imprisonment, parole, aftercare release, or mandatory 
15 supervised release for a crime of domestic violence, a 
16 sexual offense, or stalking or an attempt to commit a crime 
17 of domestic violence, a sexual offense, or stalking, or 
18 imprisonment in conjunction with a bond forfeiture 
19 warrant; or
20  (4) the entry of a protective order in a separate civil 
21 case brought by the petitioner against the respondent.
22 (a-5) The respondent may rebut prima facie evidence of the 
23crime under paragraph (1) of subsection (a) of this Section by 
24presenting evidence of a meritorious defense. The respondent 
25shall file a written notice alleging a meritorious defense 
26which shall be verified and supported by affidavit. The 
 
 
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1verified notice and affidavit shall set forth the evidence that 
2will be presented at a hearing. If the court finds that the 
3evidence presented at the hearing establishes a meritorious 
4defense by a preponderance of the evidence, the court may 
5decide not to issue a protective order. 
6 (b) The petitioner shall not be denied a protective order 
7because the petitioner or the respondent is a minor.
8 (c) The court, when determining whether or not to issue a 
9protective order, may not require physical injury on the person 
10of the victim.

11 (d) If the court issues a final protective order under this 
12Section, the court shall afford the petitioner and respondent 
13an opportunity to be heard on the remedies requested in the 
14petition. 
15(Source: P.A. 100-199, eff. 1-1-18.)



16 (725 ILCS 5/112A-12) (from Ch. 38, par. 112A-12)



17 Sec. 112A-12. Transfer of issues not decided in cases 
18involving domestic violence. 

19 (a) (Blank).

20 (a-5) A petition for a domestic violence order of 
21protection shall be treated as an expedited proceeding, and no 
22court shall transfer or otherwise decline to decide all or part 
23of the petition, except as otherwise provided in this Section. 
24Nothing in this Section shall prevent the court from reserving 
25issues when jurisdiction or notice requirements are not met. 
 
 
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1 (b) A criminal court may decline to decide contested
issues 
2of physical care and possession of a minor child, temporary 
3allocation of parental responsibilities or significant 
4decision-making responsibility, parenting time, custody, 
5visitation,
or family support, unless a decision on one or more 
6of those
contested issues is necessary to
avoid the risk of 
7abuse, neglect, removal from the State, state or concealment

8within the State state of the child or of separation of the 
9child from the primary
caretaker.

10 (c) The court shall transfer to the appropriate court or 
11division any issue
it has
declined to decide. Any court may 
12transfer any matter which must be
tried by jury to a more 
13appropriate calendar or division.

14 (d) If the court transfers or otherwise declines to decide 
15any issue,
judgment on that issue shall be expressly reserved 
16and ruling on other
issues shall not be delayed or declined.

17(Source: P.A. 100-199, eff. 1-1-18.)




18 (725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14)


19 Sec. 112A-14. Domestic violence order Order of protection; 
20remedies. 

21 (a) (Blank).

22 (b) The court may order any of the remedies listed in this 
23subsection (b).
The remedies listed in this subsection (b) 
24shall be in addition to other civil
or criminal remedies 
25available to petitioner.

 
 
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1  (1) Prohibition of abuse. Prohibit respondent's 
2 harassment,
interference with personal liberty, 
3 intimidation of a dependent, physical
abuse, or willful 
4 deprivation, as defined in this Article, if such abuse has

5 occurred or otherwise appears likely to occur if not 
6 prohibited.

7  (2) Grant of exclusive possession of residence. 
8 Prohibit respondent
from entering or remaining in any 
9 residence, household, or premises of the petitioner,

10 including one owned or leased by respondent, if petitioner 
11 has a right
to occupancy thereof. The grant of exclusive 
12 possession of the residence, household, or premises
shall 
13 not affect title to real property, nor shall the court be 
14 limited by
the standard set forth in Section 701 of the 
15 Illinois Marriage and
Dissolution of Marriage Act.

16   (A) Right to occupancy. A party has a right to 
17 occupancy of a
residence or household if it is
solely 
18 or jointly owned or leased by that party, that party's 
19 spouse, a
person with a legal duty to support that 
20 party or a minor child in that
party's care, or by any 
21 person or entity other than the opposing party that

22 authorizes that party's occupancy (e.g., a domestic 
23 violence shelter).
Standards set forth in subparagraph 
24 (B) shall not preclude equitable relief.

25   (B) Presumption of hardships. If petitioner and 
26 respondent
each has the right to occupancy of a 
 
 
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1 residence or household, the court
shall balance (i) the 
2 hardships to respondent and any minor child or

3 dependent adult in respondent's care resulting from 
4 entry of this remedy with (ii)
the hardships to 
5 petitioner and any minor child or dependent adult in

6 petitioner's care resulting from continued exposure to 
7 the risk of abuse (should
petitioner remain at the 
8 residence or household) or from loss of possession
of 
9 the residence or household (should petitioner leave to 
10 avoid the risk
of abuse). When determining the balance 
11 of hardships, the court shall also
take into account 
12 the accessibility of the residence or household.

13 Hardships need not be balanced if respondent does not 
14 have a right to occupancy.

15   The balance of hardships is presumed to favor 
16 possession by
petitioner unless the presumption is 
17 rebutted by a preponderance of the
evidence, showing 
18 that the hardships to respondent substantially 
19 outweigh
the hardships to petitioner and any minor 
20 child or dependent adult in petitioner's
care. The 
21 court, on the request of petitioner or on its own 
22 motion,
may order respondent to provide suitable, 
23 accessible, alternate housing
for petitioner instead 
24 of
excluding respondent from a mutual residence or 
25 household.

26  (3) Stay away order and additional prohibitions.
Order 
 
 
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1 respondent to stay away from petitioner or any other person

2 protected by the domestic violence order of protection, or 
3 prohibit respondent from entering
or remaining present at 
4 petitioner's school, place of employment, or other

5 specified places at times when petitioner is present, or 
6 both, if
reasonable, given
the balance of hardships. 
7 Hardships need not be balanced for the court
to enter a 
8 stay away order or prohibit entry
if respondent has no 
9 right to enter the premises.

10   (A) If a domestic violence an order of protection 
11 grants petitioner exclusive possession
of the 
12 residence, or prohibits respondent from entering the 
13 residence,
or orders respondent to stay away from 
14 petitioner or other
protected persons, then the court 
15 may allow respondent access to the
residence to remove 
16 items of clothing and personal adornment
used 
17 exclusively by respondent, medications, and other 
18 items as the court directs.
The right to access shall 
19 be exercised on only one occasion as the court directs

20 and in the presence of an agreed-upon adult third party 
21 or law enforcement officer.

22   (B) When the petitioner and the respondent attend 
23 the same public, private, or non-public elementary, 
24 middle, or high school, the court when issuing a 
25 domestic violence an order of protection and providing 
26 relief shall consider the severity of the act, any 
 
 
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1 continuing physical danger or emotional distress to 
2 the petitioner, the educational rights guaranteed to 
3 the petitioner and respondent under federal and State 
4 law, the availability of a transfer of the respondent 
5 to another school, a change of placement or a change of 
6 program of the respondent, the expense, difficulty, 
7 and educational disruption that would be caused by a 
8 transfer of the respondent to another school, and any 
9 other relevant facts of the case. The court may order 
10 that the respondent not attend the public, private, or 
11 non-public elementary, middle, or high school attended 
12 by the petitioner, order that the respondent accept a 
13 change of placement or change of program, as determined 
14 by the school district or private or non-public school, 
15 or place restrictions on the respondent's movements 
16 within the school attended by the petitioner. The 
17 respondent bears the burden of proving by a 
18 preponderance of the evidence that a transfer, change 
19 of placement, or change of program of the respondent is 
20 not available. The respondent also bears the burden of 
21 production with respect to the expense, difficulty, 
22 and educational disruption that would be caused by a 
23 transfer of the respondent to another school. A 
24 transfer, change of placement, or change of program is 
25 not unavailable to the respondent solely on the ground 
26 that the respondent does not agree with the school 
 
 
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1 district's or private or non-public school's transfer, 
2 change of placement, or change of program or solely on 
3 the ground that the respondent fails or refuses to 
4 consent or otherwise does not take an action required 
5 to effectuate a transfer, change of placement, or 
6 change of program. When a court orders a respondent to 
7 stay away from the public, private, or non-public 
8 school attended by the petitioner and the respondent 
9 requests a transfer to another attendance center 
10 within the respondent's school district or private or 
11 non-public school, the school district or private or 
12 non-public school shall have sole discretion to 
13 determine the attendance center to which the 
14 respondent is transferred. If the court order results 
15 in a transfer of the minor respondent to another 
16 attendance center, a change in the respondent's 
17 placement, or a change of the respondent's program, the 
18 parents, guardian, or legal custodian of the 
19 respondent is responsible for transportation and other 
20 costs associated with the transfer or change.
21   (C) The court may order the parents, guardian, or 
22 legal custodian of a minor respondent to take certain 
23 actions or to refrain from taking certain actions to 
24 ensure that the respondent complies with the order. If 
25 the court orders a transfer of the respondent to 
26 another school, the parents, guardian, or legal 
 
 
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1 custodian of the respondent is responsible for 
2 transportation and other costs associated with the 
3 change of school by the respondent. 
4  (4) Counseling. Require or recommend the respondent to 
5 undergo
counseling for a specified duration with a social 
6 worker, psychologist,
clinical psychologist, psychiatrist, 
7 family service agency, alcohol or
substance abuse program, 
8 mental health center guidance counselor, agency
providing 
9 services to elders, program designed for domestic violence

10 abusers or any other guidance service the court deems 
11 appropriate. The court may order the respondent in any 
12 intimate partner relationship to report to an Illinois 
13 Department of Human Services protocol approved partner 
14 abuse intervention program for an assessment and to follow 
15 all recommended treatment. 

16  (5) Physical care and possession of the minor child. In 
17 order to protect
the minor child from abuse, neglect, or 
18 unwarranted separation from the person
who has been the 
19 minor child's primary caretaker, or to otherwise protect 
20 the
well-being of the minor child, the court may do either 
21 or both of the following:
(i) grant petitioner physical 
22 care or possession of the minor child, or both, or
(ii) 
23 order respondent to return a minor child to, or not remove 
24 a minor child
from, the physical care of a parent or person 
25 in loco parentis.

26  If the respondent is charged with abuse
(as defined in 
 
 
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1 Section 112A-3 of this Code) of a minor child, there shall 
2 be a
rebuttable presumption that awarding physical care to 
3 respondent would not
be in the minor child's best interest.

4  (6) Temporary allocation of parental responsibilities 
5 and significant decision-making responsibilities legal 
6 custody.
Award temporary significant decision-making 
7 responsibility legal custody to petitioner in accordance 
8 with this Section,
the Illinois Marriage
and Dissolution of 
9 Marriage Act, the Illinois Parentage Act of 2015,
and this 
10 State's Uniform Child-Custody
Jurisdiction and Enforcement 
11 Act. 

12  If the respondent
is charged with abuse (as defined in 
13 Section 112A-3 of this Code) of a
minor child, there shall 
14 be a rebuttable presumption that awarding
temporary 
15 significant decision-making responsibility legal custody 
16 to respondent would not be in the
child's best interest.

17  (7) Parenting time Visitation. Determine the parenting 
18 time
visitation rights, if any, of respondent in any case 
19 in which the court
awards physical care or temporary 
20 significant decision-making responsibility legal custody 
21 of a minor child to
petitioner. The court shall restrict or 
22 deny respondent's parenting time visitation with
a minor 
23 child if
the court finds that respondent has done or is 
24 likely to do any of the
following:
25   (i) abuse or endanger the minor child during 
26 parenting time visitation;
 
 
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1   (ii) use the parenting time
visitation as an 
2 opportunity to abuse or harass petitioner or

3 petitioner's family or household members;
4   (iii) improperly conceal or
detain the minor 
5 child; or
6   (iv) otherwise act in a manner that is not in
the 
7 best interests of the minor child. 
8  The court shall not be limited by the
standards set 
9 forth in Section 603.10 607.1 of the Illinois Marriage and

10 Dissolution of Marriage Act. If the court grants parenting 
11 time visitation, the order
shall specify dates and times 
12 for the parenting time visitation to take place or other

13 specific parameters or conditions that are appropriate. No 
14 order for parenting time
visitation shall refer merely to 
15 the term "reasonable parenting time" "reasonable 
16 visitation". Petitioner may deny respondent access to the 
17 minor child if, when
respondent arrives for parenting time 
18 visitation, respondent is under the influence of drugs
or 
19 alcohol and constitutes a threat to the safety and 
20 well-being of
petitioner or petitioner's minor children or 
21 is behaving in a violent or abusive manner. If necessary to 
22 protect any member of petitioner's family or
household from 
23 future abuse, respondent shall be prohibited from coming to

24 petitioner's residence to meet the minor child for 
25 parenting time visitation, and the petitioner and 
26 respondent
parties shall submit to the court their 
 
 
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1 recommendations for reasonable
alternative arrangements 
2 for parenting time visitation. A person may be approved to

3 supervise parenting time visitation only after filing an 
4 affidavit accepting
that responsibility and acknowledging 
5 accountability to the court.

6  (8) Removal or concealment of minor child.
Prohibit 
7 respondent from
removing a minor child from the State or 
8 concealing the child within the
State.

9  (9) Order to appear. Order the respondent to
appear in 
10 court, alone
or with a minor child, to prevent abuse, 
11 neglect, removal or concealment of
the child, to return the 
12 child to the custody or care of the petitioner, or
to 
13 permit any court-ordered interview or examination of the 
14 child or the
respondent.

15  (10) Possession of personal property. Grant petitioner 
16 exclusive
possession of personal property and, if 
17 respondent has possession or
control, direct respondent to 
18 promptly make it available to petitioner, if:

19   (i) petitioner, but not respondent, owns the 
20 property; or

21   (ii) the petitioner and respondent parties own the 
22 property jointly; sharing it would risk
abuse of 
23 petitioner by respondent or is impracticable; and the 
24 balance of
hardships favors temporary possession by 
25 petitioner.

26  If petitioner's sole claim to ownership of the property 
 
 
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1 is that it is
marital property, the court may award 
2 petitioner temporary possession
thereof under the 
3 standards of subparagraph (ii) of this paragraph only if
a 
4 proper proceeding has been filed under the Illinois 
5 Marriage and
Dissolution of Marriage Act, as now or 
6 hereafter amended.

7  No order under this provision shall affect title to 
8 property.

9  (11) Protection of property. Forbid the respondent 
10 from taking,
transferring, encumbering, concealing, 
11 damaging, or otherwise disposing of
any real or personal 
12 property, except as explicitly authorized by the
court, if:

13   (i) petitioner, but not respondent, owns the 
14 property; or

15   (ii) the petitioner and respondent parties own the 
16 property jointly,
and the balance of hardships favors 
17 granting this remedy.

18  If petitioner's sole claim to ownership of the property 
19 is that it is
marital property, the court may grant 
20 petitioner relief under subparagraph
(ii) of this 
21 paragraph only if a proper proceeding has been filed under 
22 the
Illinois Marriage and Dissolution of Marriage Act, as 
23 now or hereafter amended.

24  The court may further prohibit respondent from 
25 improperly using the
financial or other resources of an 
26 aged member of the family or household
for the profit or 
 
 
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1 advantage of respondent or of any other person.

2  (11.5) Protection of animals. Grant the petitioner the 
3 exclusive care, custody, or control of any animal owned, 
4 possessed, leased, kept, or held by either the petitioner 
5 or the respondent or a minor child residing in the 
6 residence or household of either the petitioner or the 
7 respondent and order the respondent to stay away from the 
8 animal and forbid the respondent from taking, 
9 transferring, encumbering, concealing, harming, or 
10 otherwise disposing of the animal.

11  (12) Order for payment of support. Order
respondent to 
12 pay temporary
support for the petitioner or any child in 
13 the petitioner's care or over whom the petitioner has been 
14 allocated parental responsibility
custody, when the 
15 respondent has a legal obligation to support that person,

16 in accordance with the Illinois Marriage and Dissolution
of 
17 Marriage Act, which shall govern, among other matters, the 
18 amount of
support, payment through the clerk and 
19 withholding of income to secure
payment. An order for child 
20 support may be granted to a petitioner with
lawful physical 
21 care or custody of a child, or an order or agreement for

22 physical care of a child or custody, prior to entry of an 
23 order allocating significant decision-making 
24 responsibility for legal custody.
Such a support order 
25 shall expire upon entry of a valid order allocating 
26 parental responsibility differently and vacating 
 
 
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1 petitioner's significant decision-making responsibility 
2 granting
legal custody to another, unless otherwise 
3 provided in the custody order.

4  (13) Order for payment of losses. Order
respondent to 
5 pay petitioner
for losses suffered as a direct result of 
6 the abuse. Such losses shall
include, but not be limited 
7 to, medical expenses, lost earnings or other
support, 
8 repair or replacement of property damaged or taken, 
9 reasonable
attorney's fees, court costs, and moving or 
10 other travel expenses, including
additional reasonable 
11 expenses for temporary shelter and restaurant meals.

12   (i) Losses affecting family needs. If a party is 
13 entitled to seek
maintenance, child support, or 
14 property distribution from the other party
under the 
15 Illinois Marriage and Dissolution of Marriage Act, as 
16 now or
hereafter amended, the court may order 
17 respondent to reimburse petitioner's
actual losses, to 
18 the extent that such reimbursement would be 
19 "appropriate
temporary relief", as authorized by 
20 subsection (a)(3) of
Section 501 of that Act.

21   (ii) Recovery of expenses. In the case of an 
22 improper concealment
or removal of a minor child, the 
23 court may order respondent to pay the reasonable

24 expenses incurred or to be incurred in the search for 
25 and recovery of the
minor child, including, but not 
26 limited to, legal fees, court costs, private

 
 
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1 investigator fees, and travel costs.

2  (14) Prohibition of entry. Prohibit the respondent 
3 from entering or
remaining in the residence or household 
4 while the respondent is under the
influence of alcohol or 
5 drugs and constitutes a threat to the safety and
well-being 
6 of the petitioner or the petitioner's children.

7  (14.5) Prohibition of firearm possession. 
8   (A) A person who is subject to an existing domestic 
9 violence order of protection, issued under this Code 
10 may not lawfully possess weapons under Section 8.2 of 
11 the Firearm Owners Identification Card Act.
12   (B) Any firearms in the
possession of the 
13 respondent, except as provided in subparagraph (C) of 
14 this paragraph (14.5), shall be ordered by the court to 
15 be turned
over to a person with a valid Firearm Owner's 
16 Identification Card for safekeeping. The court shall 
17 issue an order that the respondent's Firearm Owner's 
18 Identification Card be turned over to the local law 
19 enforcement agency, which in turn shall immediately 
20 mail the card to the Department of State Police Firearm 
21 Owner's Identification Card Office for safekeeping.

22 The period of safekeeping shall be for the duration of 
23 the domestic violence order of protection. The firearm 
24 or firearms and Firearm Owner's Identification Card, 
25 if unexpired, shall at the respondent's request be 
26 returned to the respondent at expiration of the 
 
 
10000SB0558sam001- 35 -LRB100 04867 SLF 35835 a


1 domestic violence order of protection.

2   (C) If the respondent is a peace officer as defined 
3 in Section 2-13 of
the
Criminal Code of 2012, the court 
4 shall order that any firearms used by the
respondent in 
5 the performance of his or her duties as a
peace officer 
6 be surrendered to
the chief law enforcement executive 
7 of the agency in which the respondent is
employed, who 
8 shall retain the firearms for safekeeping for the 
9 duration of the domestic violence order of protection.

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

7  (16) Order for payment of shelter services. Order 
8 respondent to
reimburse a shelter providing temporary 
9 housing and counseling services to
the petitioner for the 
10 cost of the services, as certified by the shelter
and 
11 deemed reasonable by the court.

12  (17) Order for injunctive relief. Enter injunctive 
13 relief necessary
or appropriate to prevent further abuse of 
14 a family or household member or
to effectuate one of the 
15 granted remedies, if supported by the balance of
hardships. 
16 If the harm to be prevented by the injunction is abuse or 
17 any
other harm that one of the remedies listed in 
18 paragraphs (1) through (16)
of this subsection is designed 
19 to prevent, no further evidence is necessary
to establish 
20 that the harm is an irreparable injury.

21  (18) Telephone services.
22   (A) Unless a condition described in subparagraph 
23 (B) of this paragraph exists, the court may, upon 
24 request by the petitioner, order a wireless telephone 
25 service provider to transfer to the petitioner the 
26 right to continue to use a telephone number or numbers 
 
 
10000SB0558sam001- 37 -LRB100 04867 SLF 35835 a


1 indicated by the petitioner and the financial 
2 responsibility associated with the number or numbers, 
3 as set forth in subparagraph (C) of this paragraph. In 
4 For purposes of this paragraph (18), the term "wireless 
5 telephone service provider" means a provider of 
6 commercial mobile service as defined in 47 U.S.C. 332. 
7 The petitioner may request the transfer of each 
8 telephone number that the petitioner, or a minor child 
9 in his or her custody, uses. The clerk of the court 
10 shall serve the order on the wireless telephone service 
11 provider's agent for service of process provided to the 
12 Illinois Commerce Commission. The order shall contain 
13 all of the following: 
14    (i) The name and billing telephone number of 
15 the account holder including the name of the 
16 wireless telephone service provider that serves 
17 the account.
18    (ii) Each telephone number that will be 
19 transferred.
20    (iii) A statement that the provider transfers 
21 to the petitioner all financial responsibility for 
22 and right to the use of any telephone number 
23 transferred under this paragraph.
24   (B) A wireless telephone service provider shall 
25 terminate the respondent's use of, and shall transfer 
26 to the petitioner use of, the telephone number or 
 
 
10000SB0558sam001- 38 -LRB100 04867 SLF 35835 a


1 numbers indicated in subparagraph (A) of this 
2 paragraph unless it notifies the petitioner, within 72 
3 hours after it receives the order, that one of the 
4 following applies:
5    (i) The account holder named in the order has 
6 terminated the account.
7    (ii) A difference in network technology would 
8 prevent or impair the functionality of a device on 
9 a network if the transfer occurs.
10    (iii) The transfer would cause a geographic or 
11 other limitation on network or service provision 
12 to the petitioner.
13    (iv) Another technological or operational 
14 issue would prevent or impair the use of the 
15 telephone number if the transfer occurs.
16   (C) The petitioner assumes all financial 
17 responsibility for and right to the use of any 
18 telephone number transferred under this paragraph. In 
19 this paragraph, "financial responsibility" includes 
20 monthly service costs and costs associated with any 
21 mobile device associated with the number.
22   (D) A wireless telephone service provider may 
23 apply to the petitioner its routine and customary 
24 requirements for establishing an account or 
25 transferring a number, including requiring the 
26 petitioner to provide proof of identification, 
 
 
10000SB0558sam001- 39 -LRB100 04867 SLF 35835 a


1 financial information, and customer preferences.

2   (E) Except for willful or wanton misconduct, a 
3 wireless telephone service provider is immune from 
4 civil liability for its actions taken in compliance 
5 with a court order issued under this paragraph.
6   (F) All wireless service providers that provide 
7 services to residential customers shall provide to the 
8 Illinois Commerce Commission the name and address of an 
9 agent for service of orders entered under this 
10 paragraph (18). Any change in status of the registered 
11 agent must be reported to the Illinois Commerce 
12 Commission within 30 days of such change. 
13   (G) The Illinois Commerce Commission shall 
14 maintain the list of registered agents for service for 
15 each wireless telephone service provider on the 
16 Commission's website. The Commission may consult with 
17 wireless telephone service providers and the Circuit 
18 Court Clerks on the manner in which this information is 
19 provided and displayed. 
20 (c) Relevant factors; findings.

21  (1) In determining whether to grant a
specific remedy, 
22 other than payment of support, the
court shall consider 
23 relevant factors, including, but not limited to, the

24 following:

25   (i) the nature, frequency, severity, pattern, and 
26 consequences of the
respondent's past abuse of the 
 
 
10000SB0558sam001- 40 -LRB100 04867 SLF 35835 a


1 petitioner or any family or household
member, 
2 including the concealment of his or her location in 
3 order to evade
service of process or notice, and the 
4 likelihood of danger of future abuse to
petitioner or

5 any member of petitioner's or respondent's family or 
6 household; and

7   (ii) the danger that any minor child will be abused 
8 or neglected or
improperly relocated removed from the 
9 jurisdiction, improperly concealed within the
State or 
10 improperly separated from the child's primary 
11 caretaker.

12  (2) In comparing relative hardships resulting to the 
13 parties from loss
of possession of the family home, the 
14 court shall consider relevant
factors, including, but not 
15 limited to, the following:

16   (i) availability, accessibility, cost, safety, 
17 adequacy, location and other
characteristics of 
18 alternate housing for each party and any minor child or

19 dependent adult in the party's care;

20   (ii) the effect on the party's employment; and

21   (iii) the effect on the relationship of the party, 
22 and any minor
child or dependent adult in the party's 
23 care, to family, school, church,
and community.

24  (3) Subject to the exceptions set forth in paragraph 
25 (4) of this
subsection (c), the court shall make its 
26 findings in an official record or in
writing, and shall at 
 
 
10000SB0558sam001- 41 -LRB100 04867 SLF 35835 a


1 a minimum set forth the following:

2   (i) That the court has considered the applicable 
3 relevant factors
described in paragraphs (1) and (2) of 
4 this subsection (c).

5   (ii) Whether the conduct or actions of respondent, 
6 unless
prohibited, will likely cause irreparable harm 
7 or continued abuse.

8   (iii) Whether it is necessary to grant the 
9 requested relief in order
to protect petitioner or 
10 other alleged abused persons.

11  (4) (Blank).

12  (5) Never married parties. No rights or 
13 responsibilities for a minor
child born outside of marriage 
14 attach to a putative father until a father and
child 
15 relationship has been established under the Illinois 
16 Parentage Act of
1984, or under the Illinois Parentage Act 
17 of 2015, the Illinois Public Aid Code, Section 12 of the 
18 Vital Records Act, the Juvenile Court Act of 1987, the 
19 Probate Act of 1975, the Uniform Interstate Family Support 
20 Act, the Expedited Child Support Act of 1990, any judicial, 
21 administrative, or other act of another state or territory, 
22 any other statute of this State, or by any foreign nation 
23 establishing the father and child relationship, any other 
24 proceeding substantially in conformity with the federal 
25 Personal Responsibility and Work Opportunity 
26 Reconciliation Act of 1996, or when both parties appeared 
 
 
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1 in open court or at an administrative hearing acknowledging 
2 under oath or admitting by affirmation the existence of a 
3 father and child relationship on and after the effective 
4 date of that Act. Absent such an adjudication, no putative 
5 father shall be granted
temporary allocation of parental 
6 responsibilities, including parenting time custody of the 
7 minor child, visitation with the minor child, or
physical 
8 care
and possession of the minor child, nor shall
an order 
9 of payment for support of the minor child be entered.

10 (d) Balance of hardships; findings. If the court finds that 
11the balance
of hardships does not support the granting of a 
12remedy governed by
paragraph (2), (3), (10), (11), or (16) of

13subsection (b) of this Section,
which may require such 
14balancing, the court's findings shall so
indicate and shall 
15include a finding as to whether granting the remedy will
result 
16in hardship to respondent that would substantially outweigh the 
17hardship
to petitioner
from denial of the remedy. The findings 
18shall be an official record or in
writing.

19 (e) Denial of remedies. Denial of any remedy shall not be 
20based, in
whole or in part, on evidence that:

21  (1) respondent Respondent has cause for any use of 
22 force, unless that cause
satisfies the standards for 
23 justifiable use of force provided by Article
7 of the 
24 Criminal Code of 2012;

25  (2) respondent Respondent was voluntarily intoxicated;

26  (3) petitioner Petitioner acted in self-defense or 
 
 
10000SB0558sam001- 43 -LRB100 04867 SLF 35835 a


1 defense of another, provided
that, if petitioner utilized 
2 force, such force was justifiable under
Article 7 of the 
3 Criminal Code of 2012; 

4  (4) petitioner Petitioner did not act in self-defense 
5 or defense of another;

6  (5) petitioner Petitioner left the residence or 
7 household to avoid further abuse
by respondent;

8  (6) petitioner Petitioner did not leave the residence 
9 or household to avoid further
abuse by respondent; or 

10  (7) conduct Conduct by any family or household member 
11 excused the abuse by
respondent, unless that same conduct 
12 would have excused such abuse if the
parties had not been 
13 family or household members.

14(Source: P.A. 99-85, eff. 1-1-16; 100-199, eff. 1-1-18; 
15100-388, eff. 1-1-18; revised 10-10-17.)





16 (725 ILCS 5/112A-16) (from Ch. 38, par. 112A-16)



17 Sec. 112A-16. Accountability for Actions of Others. For the 
18purposes of
issuing a domestic violence an order of protection,

19deciding what remedies should be included and enforcing the 
20order, Article
5 of the Criminal Code of 2012 shall govern 
21whether respondent is legally
accountable for the conduct of 
22another person.

23(Source: P.A. 97-1150, eff. 1-25-13.)


24 (725 ILCS 5/112A-17.5 new)
 
 
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1 Sec. 112A-17.5. Ex parte protective orders.
2 (a) The petitioner may request expedited consideration of 
3the petition for an ex parte protective order. The court shall 
4consider the request on an expedited basis without requiring 
5the respondent's presence or requiring notice to the 
6respondent.
7 (b) Issuance of ex parte protective orders in cases 
8involving domestic violence. An ex parte domestic violence 
9order of protection shall be issued if petitioner satisfies the 
10requirements of this subsection (b) for one or more of the 
11requested remedies. For each remedy requested, petitioner 
12shall establish 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 notice upon the respondent, 
19 because:
20   (A) for the remedy of prohibition of abuse 
21 described in paragraph (1) of subsection (b) of Section 
22 112A-14 of this Code; stay away order and additional 
23 prohibitions described in paragraph (3) of subsection 
24 (b) of Section 112A-14 of this Code; removal or 
25 concealment of minor child described in paragraph (8) 
26 of subsection (b) of Section 112A-14 of this Code; 
 
 
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1 order to appear described in paragraph (9) of 
2 subsection (b) of Section 112A-14 of this Code; 
3 physical care and possession of the minor child 
4 described in paragraph (5) of subsection (b) of Section 
5 112A-14 of this Code; protection of property described 
6 in paragraph (11) of subsection (b) of Section 112A-14 
7 of this Code; prohibition of entry described in 
8 paragraph (14) of subsection (b) of Section 112A-14 of 
9 this Code; prohibition of firearm possession described 
10 in paragraph (14.5) of subsection (b) of Section 
11 112A-14 of this Code; prohibition of access to records 
12 described in paragraph (15) of subsection (b) of 
13 Section 112A-14 of this Code; injunctive relief 
14 described in paragraph (16) of subsection (b) of 
15 Section 112A-14 of this Code; and telephone services 
16 described in paragraph (18) of subsection (b) of 
17 Section 112A-14 of this Code, the harm which that 
18 remedy is intended to prevent would be likely to occur 
19 if the respondent were given any prior notice, or 
20 greater notice than was actually given, of the 
21 petitioner's efforts to obtain judicial relief;
22   (B) for the remedy of grant of exclusive possession 
23 of residence described in paragraph (2) of subsection 
24 (b) of Section 112A-14 of this Code; the immediate 
25 danger of further abuse of the petitioner by the 
26 respondent, if the petitioner chooses or had chosen to 
 
 
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1 remain in the residence or household while the 
2 respondent was given any prior notice or greater notice 
3 than was actually given of the petitioner's efforts to 
4 obtain judicial relief outweighs the hardships to the 
5 respondent of an emergency order granting the 
6 petitioner exclusive possession of the residence or 
7 household; and the remedy shall not be denied because 
8 the petitioner has or could obtain temporary shelter 
9 elsewhere while prior notice is given to the 
10 respondent, unless the hardship to the respondent from 
11 exclusion from the home substantially outweigh the 
12 hardship to the petitioner; or
13   (C) for the remedy of possession of personal 
14 property described in paragraph (10) of subsection (b) 
15 of Section 112A-14 of this Code; improper disposition 
16 of the personal property would be likely to occur if 
17 the respondent were given any prior notice, or greater 
18 notice than was actually given, of the petitioner's 
19 efforts to obtain judicial relief or the petitioner has 
20 an immediate and pressing need for the possession of 
21 that property.
22 An ex parte domestic violence order of protection may not 
23include the counseling, custody, or payment of support or 
24monetary compensation remedies provided by paragraphs (4), 
25(12), (13), and (16) of subsection (b) of Section 112A-14 of 
26this Code.
 
 
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1 (c) Issuance of ex parte civil no contact order in cases 
2involving sexual offenses. An ex parte civil no contact order 
3shall be issued if the petitioner establishes that:
4  (1) the court has jurisdiction under Section 112A-9 of 
5 this Code;
6  (2) the requirements of subsection (a) of Section 
7 112A-11.5 of this Code are satisfied; and
8  (3) there is good cause to grant the remedy, regardless 
9 of prior service of process or of notice upon the 
10 respondent, because the harm which that remedy is intended 
11 to prevent would be likely to occur if the respondent were 
12 given any prior notice, or greater notice than was actually 
13 given, of the petitioner's efforts to obtain judicial 
14 relief.
15 The court may order any of the remedies under Section 
16112A-14.5 of this Code.
17 (d) Issuance of ex parte stalking no contact order in cases 
18involving stalking offenses. An ex parte stalking no contact 
19order shall be issued if the petitioner establishes that:
20  (1) the court has jurisdiction under Section 112A-9 of 
21 this Code;
22  (2) the requirements of subsection (a) of Section 
23 112A-11.5 of this Code are satisfied; and
24  (3) there is good cause to grant the remedy, regardless 
25 of prior service of process or of notice upon the 
26 respondent, because the harm which that remedy is intended 
 
 
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1 to prevent would be likely to occur if the respondent were 
2 given any prior notice, or greater notice than was actually 
3 given, of the petitioner's efforts to obtain judicial 
4 relief.
5 The court may order any of the remedies under Section 
6112A-14.7 of this Code.
7 (e) Issuance of ex parte protective orders on court 
8holidays and evenings.
9 When the court is unavailable at the close of business, the 
10petitioner may file a petition for an ex parte protective order 
11before any available circuit judge or associate judge who may 
12grant relief under this Article. If the judge finds that 
13petitioner has satisfied the prerequisites in subsection (b), 
14(c), or (d) of this Section, the judge shall issue an ex parte 
15protective order.
16 The chief judge of the circuit court may designate for each 
17county in the circuit at least one judge to be reasonably 
18available to issue orally, by telephone, by facsimile, or 
19otherwise, an ex parte protective order at all times, whether 
20or not the court is in session.
21 The judge who issued the order under this Section shall 
22promptly communicate or convey the order to the sheriff to 
23facilitate the entry of the order into the Law Enforcement 
24Agencies Data System by the Department of State Police under 
25Section 112A-28 of this Code. Any order issued under this 
26Section and any documentation in support of it shall be 
 
 
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1certified on the next court day to the appropriate court. The 
2clerk of that court shall immediately assign a case number, 
3file the petition, order, and other documents with the court 
4and enter the order of record and file it with the sheriff for 
5service under subsection (f) of this Section. Failure to comply 
6with the requirements of this subsection (e) shall not affect 
7the validity of the order.
8 (f) Service of ex parte protective order on respondent.
9  (1) If an ex parte protective order is entered at the 
10 time a summons or arrest warrant is issued for the criminal 
11 charge, the petition for the protective order, any 
12 supporting affidavits, if any, and the ex parte protective 
13 order that has been issued shall be served with the summons 
14 or arrest warrant. The enforcement of a protective order 
15 under Section 112A-23 of this Code shall not be affected by 
16 the lack of service or delivery, provided the requirements 
17 of subsection (a) of Section 112A-23 of this Code are 
18 otherwise met.
19  (2) If an ex parte protective order is entered after a 
20 summons or arrest warrant is issued and before the 
21 respondent makes an initial appearance in the criminal 
22 case. The summons shall be in the form prescribed by 
23 subsection (d) of Supreme Court Rule 101, except that it 
24 shall require respondent to answer or appear within 7 days 
25 and shall be accompanied by the petition for the protective 
26 order, any supporting affidavits, if any, and the ex parte 
 
 
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1 protective order that has been issued.
2  (3) If an ex parte protective order is entered after 
3 the respondent has been served notice of a petition for a 
4 final protective order and the respondent has requested a 
5 continuance to respond to the petition, the ex parte 
6 protective order shall be served: (A) in open court if the 
7 respondent is present at the proceeding at which the order 
8 was entered; or (B) by summons in the form prescribed by 
9 subsection (d) of Supreme Court Rule 101.
10  (4) No fee shall be charged for service of summons.
11  (5) The summons shall be served by the sheriff or other 
12 law enforcement officer at the earliest time and shall take 
13 precedence over other summonses except those of a similar 
14 emergency nature. Special process servers may be appointed 
15 at any time, and their designation shall not affect the 
16 responsibilities and authority of the sheriff or other 
17 official process servers. In a county with a population 
18 over 3,000,000, a special process server may not be 
19 appointed if an ex parte protective order grants the 
20 surrender of a child, the surrender of a firearm or Firearm 
21 Owner's Identification Card, or the exclusive possession 
22 of a shared residence. Process may be served in court.
23 (g) Upon 7 days notice to the petitioner, or a shorter 
24notice period as the court may prescribe, a respondent subject 
25to an ex parte protective order may appear and petition the 
26court to re-hear the petition. Any petition to re-hear shall be 
 
 
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1verified and shall allege the following:
2  (1) that respondent did not receive prior notice of the 
3 initial hearing in which the ex parte protective order was 
4 entered under Section 112A-17.5 of this Code; and
5  (2) that respondent had a meritorious defense to the 
6 order or any of its remedies or that the order or any of 
7 its remedies was not authorized under this Article.
8 The verified petition and affidavit shall set forth the 
9evidence of the meritorious defense that will be presented at a 
10hearing. If the court finds that the evidence presented at the 
11hearing on the petition establishes a meritorious defense by a 
12preponderance of the evidence, the court may decide to vacate 
13the protective order or modify the remedies.
14 (h) If the ex parte protective order granted petitioner 
15exclusive possession of the residence and the petition of 
16respondent seeks to re-open or vacate that grant, the court 
17shall set a date for hearing within 14 days on all issues 
18relating to exclusive possession. Under no circumstances shall 
19a court continue a hearing concerning exclusive possession 
20beyond the 14th day except by agreement of the petitioner and 
21the respondent. Other issues raised by the pleadings may be 
22consolidated for the hearing if the petitioner, the respondent, 
23and the court do not object.
24 (i) Duration of ex parte protective order. An ex parte 
25order shall remain in effect until the court considers the 
26request for a final protective order after notice has been 
 
 
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1served on the respondent or a default final protective order is 
2entered, whichever occurs first. If a court date is scheduled 
3for the issuance of a default protective order and the 
4petitioner fails to personally appear or appear through counsel 
5or the prosecuting attorney, the petition shall be dismissed 
6and the ex parte order terminated.



7 (725 ILCS 5/112A-20) (from Ch. 38, par. 112A-20)


8 Sec. 112A-20. Duration and extension of final protective 
9orders. 

10 (a) (Blank).

11 (b) A final protective order shall remain in effect as 
12follows:

13  (1) if entered during pre-trial release, until 
14 disposition, withdrawal,
or dismissal of the underlying 
15 charge; if, however, the case is continued as an

16 independent cause of action, the order's duration may be 
17 for a fixed period
of time not to exceed 2 years;

18  (2) if in effect in conjunction with a bond forfeiture 
19 warrant, until
final disposition or an additional period
of 
20 time not
exceeding 2 years; no domestic violence order of

21 protection, however, shall be terminated by a dismissal 
22 that is accompanied
by the issuance of a bond forfeiture 
23 warrant;

24  (3) until 2 years after the expiration of any 
25 supervision, conditional discharge,
probation, periodic 
 
 
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1 imprisonment, parole, aftercare release, or mandatory 
2 supervised release for domestic violence orders of 
3 protection and civil no contact orders; or

4  (4) until 2 years after the date set by the court for 
5 expiration of any sentence of
imprisonment and subsequent 
6 parole, aftercare release, or mandatory supervised release

7 for domestic violence orders of protection and civil no 
8 contact orders; and

9  (5) permanent for a stalking no contact order if a 
10 judgment of conviction for stalking is entered. 
11 (c) Computation of time. The duration of a domestic 
12violence an order of protection shall
not be reduced by the 
13duration of any prior domestic violence order of protection.

14 (d) Law enforcement records. When a protective order 
15expires
upon the occurrence of a specified event, rather than 
16upon a specified date
as provided in subsection (b), no 
17expiration date shall be entered in
Department of State Police 
18records. To remove the protective order from
those records, 
19either the petitioner or the respondent shall request the clerk 
20of the court to file a
certified copy of an order stating that 
21the specified event has occurred or
that the protective order 
22has been vacated or modified with the sheriff, and the
sheriff 
23shall direct that law enforcement records shall be promptly

24corrected in accordance with the filed order.

25 (e) Extension of Orders. Any domestic violence order of

26protection or civil no contact order that expires 2 years after 
 
 
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1the expiration of the defendant's sentence under paragraph (2), 
2(3), or (4) of subsection (b) of Section 112A-20 of this 
3Article may be extended one or more times, as required. The 
4petitioner, petitioner's counsel, or the State's Attorney on 
5the petitioner's behalf shall file the motion for an extension 
6of the final protective order in the criminal case and serve 
7the motion in accordance with Supreme Court Rules 11 and 12. 
8The court shall transfer the motion to the appropriate court or 
9division for consideration under subsection (e) of Section 220 
10of the Illinois Domestic Violence Act of 1986, or subsection 
11(c) of Section 216 of the Civil No Contact Order Act, or 
12subsection (c) of Section 105 of the Stalking No Contact Order 
13as appropriate.

14 (f) Termination date. Any final protective order of 
15protection which would expire on a
court holiday shall instead 
16expire at the close of the next court business day.

17 (g) Statement of purpose. The practice of dismissing or 
18suspending a
criminal prosecution in exchange for issuing a 
19protective an order of protection
undermines the purposes of 
20this Article. This Section shall not be
construed as 
21encouraging that practice.

22(Source: P.A. 100-199, eff. 1-1-18.)




23 (725 ILCS 5/112A-21) (from Ch. 38, par. 112A-21)



24 Sec. 112A-21. Contents of orders. 

25 (a) Any domestic violence order of protection shall

 
 
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1describe, in reasonable detail and not by reference to any 
2other
document, the following:

3  (1) Each remedy granted by the court, in reasonable 
4 detail and not by
reference to any other document, so that 
5 respondent may clearly understand
what he or she must do or 
6 refrain from doing. Pre-printed form orders
of
protection 
7 shall include the definitions of the types of abuse,
as 
8 provided
in Section 112A-3 of this Code.
Remedies set forth 
9 in pre-printed form for domestic violence orders shall be 
10 numbered
consistently with and corresponding to the 
11 numerical sequence of remedies
listed in Section 112A-14 of 
12 this Code (at least as of the date the form orders are

13 printed).

14  (2) The reason for denial of petitioner's request for 
15 any remedy listed
in Section 112A-14 of this Code.

16 (b) A domestic violence An order of protection shall 
17further state the following:

18  (1) The name of each petitioner that the court finds is 
19 a victim of a charged offense, and that respondent is a 
20 member of the family or household of
each such petitioner, 
21 and the name of each other person protected by the
order 
22 and that such person is protected by this Code Act.

23  (2) For any remedy requested by petitioner on which the 
24 court has
declined to rule, that that remedy is reserved.

25  (3) The date and time the domestic violence order of 
26 protection was issued.

 
 
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1  (4) (Blank).

2  (5) (Blank).

3  (6) (Blank).

4 (c) Any domestic violence order of protection shall include 
5the following notice, printed in
conspicuous type:
6  "Any knowing violation of a domestic violence an order 
7 of protection
forbidding physical abuse, harassment,

8 intimidation, interference with personal liberty, willful 
9 deprivation, or
entering or remaining present at
specified 
10 places when the protected person is present, or granting 
11 exclusive
possession of the residence or household, or 
12 granting a stay away order
is a Class A misdemeanor for a 
13 first offense, and a Class 4 felony for persons with a 
14 prior conviction for certain offenses under subsection (d) 
15 of Section 12-3.4 of the Criminal Code of 2012. Grant
of 
16 exclusive possession of the residence or household shall 
17 constitute
notice forbidding trespass to land. Any
knowing 
18 violation of an order awarding legal custody or physical 
19 care of a
child or prohibiting removal or concealment
of a 
20 child may be a Class 4 felony. Any willful violation of any 
21 order is
contempt of court. Any violation may result in 
22 fine or imprisonment."

23 (d) (Blank).

24 (e) A domestic violence An order of protection shall state, 
25"This Order of Protection is enforceable, even without 
26registration, in all 50 states, the District of Columbia, 
 
 
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1tribal lands, and the U.S. territories pursuant to the Violence 
2Against Women Act (18 U.S.C. 2265). Violating this Order of 
3Protection may subject the respondent to federal charges and 
4punishment (18 U.S.C. 2261-2262). The respondent may be subject 
5to federal criminal penalties for possessing, transporting, 
6shipping, or receiving any firearm or ammunition under the Gun 
7Control Act (18 U.S.C. 922(g)(8) and (9))."

8(Source: P.A. 100-199, eff. 1-1-18.)




9 (725 ILCS 5/112A-22) (from Ch. 38, par. 112A-22)


10 Sec. 112A-22. Notice of orders. 

11 (a) Entry and issuance. Upon issuance
of any protective 
12order of protection, the clerk shall
immediately, or on the 
13next court day if an ex parte order is issued under subsection 
14(e) of Section 112A-17.5 of this Code,
(i) enter the order on 
15the record and file it
in accordance with the circuit court

16procedures and (ii) provide a file stamped copy of the order to

17respondent and to petitioner, if present, and to the State's 
18Attorney. If the victim is not present the State's Attorney 
19shall (i) as soon as practicable notify the petitioner the 
20order has been entered and (ii) provide a file stamped copy of 
21the order to the petitioner within 3 days. 

22 (b) Filing with sheriff. The clerk of the issuing judge 
23shall, on the same day that a protective order is
issued, file 
24a copy of that order with the sheriff or other law enforcement

25officials charged with maintaining Department of State Police 
 
 
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1records or charged with serving the order upon respondent. If 
2the order was issued under subsection (e) of Section 112A-17.5 
3of this Code, the clerk on the next court day shall file a 
4certified copy of the order with the sheriff or other law 
5enforcement officials charged with maintaining Department of 
6State Police records. 

7 (c) (Blank).

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

12 (d) (Blank).

13 (e) Notice to health care facilities and health care 
14practitioners. Upon the request of the petitioner, the clerk of 
15the circuit court shall send a certified copy of the protective 
16order to any specified health care facility or health care 
17practitioner requested by the petitioner at the mailing address 
18provided by the petitioner.
19 (f) Disclosure by health care facilities and health care 
20practitioners. After receiving a certified copy of a protective 
21order that prohibits a respondent's access to records, no 
22health care facility or health care practitioner shall allow a 
23respondent access to the records of any child who is a 
24protected person under the protective order, or release 
25information in those records to the respondent, unless the 
26order has expired or the respondent shows a certified copy of 
 
 
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1the court order vacating the corresponding protective order 
2that was sent to the health care facility or practitioner. 
3Nothing in this Section shall be construed to require health

4care facilities or health care practitioners to alter 
5procedures related to billing and payment. The health care 
6facility or health care practitioner may file the copy of the 
7protective order in the records of a child who is a protected 
8person under the protective order, or may employ any other 
9method to identify the records to which a respondent is 
10prohibited access. No health care facility or health care 
11practitioner shall be civilly or professionally liable for

12reliance on a copy of a protective order, except for willful 
13and wanton misconduct. 
14 (g) Notice to schools. Upon the request of the petitioner, 
15within 24
hours of the issuance of a protective order, the 
16clerk of the issuing judge shall
send a certified copy of
the 
17protective order to the day-care facility,
pre-school or 
18pre-kindergarten, or private school or the principal
office of 
19the public school district or any college or university in 
20which any child who
is a protected person under the protective 
21order or any child
of
the
petitioner is enrolled as requested 
22by the petitioner at the mailing address provided by the 
23petitioner.
If the child transfers enrollment to another 
24day-care facility, pre-school,
pre-kindergarten,
private 
25school, public school, college, or university, the petitioner 
26may,
within 24 hours
of the transfer, send to the clerk written 
 
 
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1notice of the transfer, including
the name and
address of the 
2institution to which the child is transferring.
Within 24 hours 
3of receipt of notice
from the petitioner that a child is 
4transferring to another day-care facility,
pre-school, 
5pre-kindergarten, private school, public school, college, or

6university, the clerk shall send a certified copy of the order 
7to the institution to which the child
is
transferring.
8 (h) Disclosure by schools. After receiving a certified copy 
9of a protective order that prohibits a respondent's access to 
10records, neither a
day-care facility, pre-school, 
11pre-kindergarten, public
or private school, college, or 
12university nor its employees shall allow a
respondent access to 
13a
protected child's records or release information in those 
14records to the
respondent. The school shall file
the copy of 
15the protective order in the records of a child who
is a 
16protected person under the order. When a child who is a

17protected person under the protective order transfers to 
18another day-care
facility, pre-school, pre-kindergarten, 
19public or private school, college, or
university, the 
20institution from which the child is transferring may, at the

21request of the petitioner, provide,
within 24 hours of the 
22transfer, written notice of the protective order,
along with a 
23certified copy of the order, to the institution to which the 
24child
is
transferring.
25(Source: P.A. 100-199, eff. 1-1-18.)


 
 
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1 (725 ILCS 5/112A-22.1 new)
2 Sec. 112A-22.1. Short form notification.
3 (a) Instead of personal service of a protective order under 
4Section 112A-22 of this Code, a sheriff, other law enforcement 
5official, special process server, or personnel assigned by the 
6Department of Corrections or Department of Juvenile Justice to 
7investigate the alleged misconduct of committed persons or 
8alleged violations of the person's conditions of parole, 
9aftercare release, or mandatory supervised release, may serve a 
10respondent with a short form notification. The short form 
11notification shall include the following:
12  (1) Respondent's name.
13  (2) Respondent's date of birth, if known.
14  (3) Petitioner's name.
15  (4) Names of other protected parties.
16  (5) Date and county in which the protective order was 
17 filed.
18  (6) Court file number.
19  (7) Hearing date and time, if known.
20  (8) Conditions that apply to the respondent, either in 
21 checklist form or handwritten.
22 (b) The short form notification shall contain the following 
23notice in bold print:
24 "The order is now enforceable. You must report to the 
25office of the sheriff or the office of the circuit court in 
26(name of county) County to obtain a copy of the order. You are 
 
 
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1subject to arrest and may be charged with a misdemeanor or 
2felony if you violate any of the terms of the order."
3 (c) Upon verification of the identity of the respondent and 
4the existence of an unserved order against the respondent, a 
5sheriff or other law enforcement official may detain the 
6respondent for a reasonable time necessary to complete and 
7serve the short form notification.
8 (d) When service is made by short form notification under 
9this Section, it may be proved by the affidavit of the person 
10making the service.
11 (e) The Attorney General shall make the short form 
12notification form available to law enforcement agencies in this 
13State.

14 (725 ILCS 5/112A-22.3)
15 Sec. 112A-22.3. Withdrawal or dismissal of charges or 
16petition.
17 (a) Voluntary dismissal or withdrawal of any delinquency 
18petition or criminal prosecution or a finding of not guilty 
19shall not require dismissal or vacation of the protective 
20order; instead, at the request of the petitioner, petitioner's 
21counsel, or the State's Attorney on behalf of the petitioner in 
22the discretion of the State's Attorney, or on the court's 
23motion, it may be treated as an independent action and, if 
24necessary and appropriate, transferred to a different court or 
25division. Dismissal of any delinquency petition or criminal 
 
 
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1prosecution shall not affect the validity of any previously 
2issued protective order.
3 (b) Withdrawal or dismissal of any petition for a 
4protective order shall operate as a dismissal without 
5prejudice. 

6(Source: P.A. 100-199, eff. 1-1-18.)



7 (725 ILCS 5/112A-23) (from Ch. 38, par. 112A-23)


8 Sec. 112A-23. Enforcement of protective orders. 

9 (a) When violation is crime. A violation of any protective 
10order of protection,
whether issued in a civil, quasi-criminal 
11proceeding, shall be
enforced by a
criminal court when:

12  (1) The respondent commits the crime of violation of a 
13 domestic violence an order of
protection pursuant to 
14 Section 12-3.4 or 12-30 of the Criminal Code of
1961 or the 
15 Criminal Code of 2012, by
having knowingly violated:

16   (i) remedies described in paragraphs (1), (2), 
17 (3), (14),
or
(14.5)
of subsection (b) of Section 
18 112A-14 of this Code,

19   (ii) a remedy, which is substantially similar to 
20 the remedies
authorized
under paragraphs (1), (2), 
21 (3), (14), or (14.5) of subsection (b) of Section 214

22 of the Illinois Domestic Violence Act of 1986, in a 
23 valid order of protection,
which is authorized under 
24 the laws of another state, tribe or United States

25 territory,

 
 
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1   (iii) or any other remedy when the act
constitutes 
2 a crime against the protected parties as defined by the 
3 Criminal
Code of 1961 or the Criminal Code of 2012.

4  Prosecution for a violation of a domestic violence an 
5 order of protection shall
not bar concurrent prosecution 
6 for any other crime, including any crime
that may have been 
7 committed at the time of the violation of the domestic 
8 violence order
of protection; or

9  (2) The respondent commits the crime of child abduction 
10 pursuant
to Section 10-5 of the Criminal Code of 1961 or 
11 the Criminal Code of 2012, by having knowingly violated:

12   (i) remedies described in paragraphs (5), (6), or 
13 (8) of subsection
(b)
of
Section 112A-14 of this Code, 
14 or

15   (ii) a remedy, which is substantially similar to 
16 the remedies
authorized
under paragraphs (1),
(5), 
17 (6), or (8) of subsection (b) of Section 214
of the 
18 Illinois Domestic Violence Act of 1986, in a valid 
19 domestic violence order of protection,
which is 
20 authorized under the laws of another state, tribe or 
21 United States
territory.

22  (3) The respondent commits the crime of violation of a 
23 civil no contact order when the respondent violates Section 
24 12-3.8 of the Criminal Code of 2012.
Prosecution for a 
25 violation of a civil no contact order shall not bar 
26 concurrent prosecution for any other crime, including any 
 
 
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1 crime that may have been committed at the time of the 
2 violation of the civil no contact order.
3  (4) The respondent commits the crime of violation of a 
4 stalking no contact order when the respondent violates 
5 Section 12-3.9 of the Criminal Code of 2012.
Prosecution 
6 for a violation of a stalking no contact order shall not 
7 bar concurrent prosecution for any other crime, including 
8 any crime that may have been committed at the time of the 
9 violation of the stalking no contact order. 
10 (b) When violation is contempt of court. A violation of any 
11valid protective order, whether issued in a civil or criminal

12proceeding, may be enforced through civil or criminal contempt 
13procedures,
as appropriate, by any court with jurisdiction, 
14regardless where the act or
acts which violated the protective 
15order were committed, to the extent
consistent with the venue 
16provisions of this Article. Nothing in this
Article shall 
17preclude any Illinois court from enforcing any valid protective 
18order issued in another state. Illinois courts may enforce 
19protective orders through both criminal prosecution and 
20contempt proceedings,
unless the action which is second in time 
21is barred by collateral estoppel
or the constitutional 
22prohibition against double jeopardy.

23  (1) In a contempt proceeding where the petition for a 
24 rule to show
cause sets forth facts evidencing an immediate 
25 danger that the
respondent will flee the jurisdiction, 
26 conceal a child, or inflict physical
abuse on the 
 
 
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1 petitioner or minor children or on dependent adults in

2 petitioner's care, the court may order the
attachment of 
3 the respondent without prior service of the rule to show

4 cause or the petition for a rule to show cause. Bond shall 
5 be set unless
specifically denied in writing.

6  (2) A petition for a rule to show cause for violation 
7 of a protective order shall be treated as an expedited 
8 proceeding.

9 (c) Violation of custody, allocation of parental 
10responsibility, or support orders. A violation of remedies

11described in paragraphs (5), (6), (8), or (9) of subsection (b) 
12of Section
112A-14 of this Code may be enforced by any remedy 
13provided by Section 607.5 of
the Illinois Marriage and 
14Dissolution of Marriage Act. The court may
enforce any order 
15for support issued under paragraph (12) of subsection (b)
of 
16Section 112A-14 of this Code in the manner provided for under 
17Parts
V and VII of the
Illinois Marriage and Dissolution of 
18Marriage Act.

19 (d) Actual knowledge. A protective order may be
enforced 
20pursuant to this Section if the respondent violates the order

21after respondent has actual knowledge of its contents
as shown 
22through one of the following means:

23  (1) (Blank).

24  (2) (Blank).

25  (3) By service of a protective an order of protection 
26 under subsection (f) of Section 112A-17.5 or Section 
 
 
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1 112A-22 of this Code.

2  (4) By other means demonstrating actual knowledge of 
3 the contents of the order.

4 (e) The enforcement of a protective an order of protection 
5in civil or criminal court
shall not be affected by either of 
6the following:

7  (1) The existence of a separate, correlative order 
8 entered under Section
112A-15 of this Code.

9  (2) Any finding or order entered in a conjoined 
10 criminal proceeding.

11 (f) Circumstances. The court, when determining whether or 
12not a
violation of a protective order has occurred, shall not 
13require
physical manifestations of abuse on the person of the 
14victim.

15 (g) Penalties.

16  (1) Except as provided in paragraph (3) of this

17 subsection (g), where the court finds the commission of a 
18 crime or contempt of
court under subsections (a) or (b) of 
19 this Section, the penalty shall be
the penalty that 
20 generally applies in such criminal or contempt

21 proceedings, and may include one or more of the following: 
22 incarceration,
payment of restitution, a fine, payment of 
23 attorneys' fees and costs, or
community service.

24  (2) The court shall hear and take into account evidence 
25 of any factors
in aggravation or mitigation before deciding 
26 an appropriate penalty under
paragraph (1) of this 
 
 
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1 subsection (g).

2  (3) To the extent permitted by law, the court is 
3 encouraged to:

4   (i) increase the penalty for the knowing violation 
5 of
any protective order over any penalty previously 
6 imposed by any court
for respondent's violation of any 
7 protective order or penal statute
involving petitioner 
8 as victim and respondent as defendant;

9   (ii) impose a minimum penalty of 24 hours 
10 imprisonment for respondent's
first violation of any 
11 protective order; and

12   (iii) impose a minimum penalty of 48 hours 
13 imprisonment for
respondent's second or subsequent 
14 violation of a protective order 
15 unless the court explicitly finds that an increased penalty 
16 or that
period of imprisonment would be manifestly unjust.

17  (4) In addition to any other penalties imposed for a 
18 violation of a protective order, a criminal court may 
19 consider evidence of any
violations of a protective order:

20   (i) to increase, revoke, or modify the bail bond on 
21 an underlying
criminal charge pursuant to Section 
22 110-6 of this Code;

23   (ii) to revoke or modify an order of probation, 
24 conditional discharge, or
supervision, pursuant to 
25 Section 5-6-4 of the Unified Code of Corrections;

26   (iii) to revoke or modify a sentence of periodic 
 
 
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1 imprisonment, pursuant
to Section 5-7-2 of the Unified 
2 Code of Corrections.

3(Source: P.A. 99-90, eff. 1-1-16; 100-199, eff. 1-1-18.)




4 (725 ILCS 5/112A-24) (from Ch. 38, par. 112A-24)



5 Sec. 112A-24. Modification, re-opening, and extension of 
6orders. 

7 (a) Except as
otherwise provided in this Section, upon 
8motion by petitioner, petitioner's counsel, or the State's 
9Attorney on behalf of the petitioner, the court
may modify a 
10protective order:

11  (1) If respondent has abused petitioner since the 
12 hearing for that
order, by adding or altering one or more 
13 remedies, as authorized by
Section 112A-14, 112A-14.5, or 
14 112A-14.7 of this Code Article; and

15  (2) Otherwise, by adding any remedy authorized by 
16 Section 112A-14, 112A-14.5, or 112A-14.7 which
was:

17   (i) reserved in that protective order;

18   (ii) not requested for inclusion in that 
19 protective order; or

20   (iii) denied on procedural grounds, but not on the 
21 merits.

22 (a-5) A petitioner, petitioner's counsel, or the State's 
23Attorney on the petitioner's behalf may file a motion to vacate 
24or modify a final permanent stalking no contact order 2 years 
25or more after the expiration of the defendant's sentence. The 
 
 
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1motion shall be served in accordance with Supreme Court Rules 
211 and 12. 
3 (b) Upon motion by the petitioner, petitioner's counsel, 
4State's Attorney, or respondent, the court may modify any
prior 
5domestic violence order of protection's remedy for custody,

6visitation or payment of
support in accordance with the 
7relevant provisions of the Illinois Marriage
and Dissolution of 
8Marriage Act.

9 (c) After 30 days following the entry of a protective 
10order, a court may modify that order only when changes in the

11applicable law or facts since that final plenary order was 
12entered warrant a
modification of its terms.

13 (d) (Blank).

14 (e) (Blank).

15 (f) (Blank).

16 (g) This Section does not limit the means, otherwise 
17available by law, for vacating or modifying protective orders. 
18(Source: P.A. 100-199, eff. 1-1-18.)




19 (725 ILCS 5/112A-26) (from Ch. 38, par. 112A-26)



20 Sec. 112A-26. Arrest without warrant. 

21 (a) Any law enforcement officer may
make an arrest without

22warrant if the officer has probable cause to believe that the 
23person has
committed or is committing any crime, including but 
24not limited to
violation of a domestic violence an order of 
25protection, under Section 12-3.4 or 12-30 of the Criminal
Code 
 
 
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1of 1961 or the Criminal Code of 2012, violation of a civil no 
2contact order, under Section 11-1.75 of the Criminal Code of 
32012, or violation of a stalking no contact order, under 
4Section 12-7.5A of the Criminal Code of 2012, even if the crime 
5was not committed in the presence of the
officer.

6 (b) The law enforcement officer may verify the existence of 
7a protective order by telephone or radio communication with his 
8or her law enforcement
agency or by referring to the copy of 
9the order provided by petitioner
or respondent.

10(Source: P.A. 100-199, eff. 1-1-18.)




11 (725 ILCS 5/112A-28) (from Ch. 38, par. 112A-28)



12 Sec. 112A-28. Data maintenance by law enforcement 
13agencies. 


14 (a) All sheriffs shall furnish to the Department of State 
15Police, daily, in
the form and detail the Department requires, 
16copies of any recorded protective orders issued by the court, 
17and any foreign protective orders of protection filed by
the 
18clerk of the court, and transmitted to the sheriff by the clerk 
19of the
court. Each protective order shall be entered in the Law 
20Enforcement Agencies
Data System on the same day it is issued 
21by the court.

22 (b) The Department of State Police shall maintain a 
23complete and systematic
record and index of all valid and 
24recorded protective orders issued or
filed under this Act. The 
25data shall be used to inform all dispatchers
and law 
 
 
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1enforcement officers at the scene of an alleged incident of 
2abuse or
violation of a protective order of any recorded prior 
3incident of abuse
involving the abused party and the effective 
4dates and terms of any recorded
protective order.

5 (c) The data, records and transmittals required under this 
6Section shall
pertain to:
7  (1) any valid emergency, interim or plenary domestic 
8 violence order of protection, civil no contact or stalking 
9 no contact order
issued in a civil proceeding; and
10  (2) any valid ex parte or final protective order issued 
11 in a criminal proceeding or authorized under the laws
of 
12 another state, tribe, or United States territory.

13(Source: P.A. 100-199, eff. 1-1-18.)



14 Section 99. Effective date. This Act takes effect upon 
15becoming law.".