There is a newer version of the Illinois Compiled Statutes
2005 Illinois 725 ILCS 5/ Code of Criminal Procedure of 1963. Title IV - Proceedings To Commence Prosecution
(725 ILCS 5/111‑1) (from Ch. 38, par. 111‑1)
Sec. 111‑1.
Methods of prosecution.
When authorized by law a prosecution may be commenced by:
(a) A complaint;
(b) An information;
(c) An indictment.
Upon commencement of a prosecution for a violation of Section
11‑501 of The Illinois Vehicle Code, or a similar provision of a local
ordinance, or Section 9‑3 of the Criminal Code of 1961, as amended,
relating to the offense of reckless homicide, the victims of these offenses
shall have all the rights under this Section as they do in Section 4 of the
Bill of Rights for Victims and Witnesses of Violent Crime Act.
For the purposes of this Section "victim" shall mean an individual
who has suffered personal injury as a result of the commission of a
violation of Section 11‑501 of The Illinois Vehicle Code, or a similar
provision of a local ordinance, or Section 9‑3 of the Criminal Code of
1961, as amended, relating to the offense of reckless homicide. In regard
to a violation of Section 9‑3 of the Criminal Code of 1961, as amended,
relating to the offense of reckless homicide, "victim" shall also include,
but not be limited to, spouse, guardian, parent, or other family member.
(Source: P.A. 84‑272.)
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(725 ILCS 5/111‑2) (from Ch. 38, par. 111‑2)
Sec. 111‑2.
Commencement of prosecutions.
(a) All prosecutions of
felonies shall be by information or by indictment. No prosecution may be
pursued by information unless a preliminary hearing has been held or
waived in accordance with Section 109‑3 and at that hearing probable
cause to believe the defendant committed an offense was found, and the
provisions of Section 109‑3.1 of this Code have been complied with.
(b) All other prosecutions may be by indictment, information or
complaint.
(c) Upon the filing of an information or indictment in open
court charging the defendant with the commission of a sex offense
defined in any Section of Article 11 of the Criminal Code of 1961,
as amended, and a minor as defined in Section 1‑3 of the Juvenile
Court Act of 1987, as amended, is alleged to be the victim of the
commission of the acts of the defendant in the commission of
such offense, the court may appoint a guardian ad litem for the
minor as provided in Section 2‑17, 3‑19, 4‑16 or 5‑610 of the
Juvenile Court Act of 1987.
(d) Upon the filing of an information or indictment in open court,
the court shall immediately issue a warrant for the arrest of each
person charged with an offense directed to a peace officer or some other
person specifically named commanding him to arrest such person.
(e) When the offense is bailable, the judge shall endorse on the
warrant the amount of bail required by the order of the court, and if
the court orders the process returnable forthwith, the warrant shall
require that the accused be arrested and brought immediately into court.
(f) Where the prosecution of a felony is by information or complaint
after preliminary hearing, or after a waiver of preliminary hearing in
accordance with paragraph (a) of this Section, such prosecution may be
for all offenses, arising from the same transaction or conduct of a
defendant even though the complaint or complaints filed at the
preliminary hearing charged only one or some of the offenses arising
from that transaction or conduct.
(Source: P.A. 90‑590, eff. 1‑1‑99.)
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(725 ILCS 5/111‑3) (from Ch. 38, par. 111‑3)
Sec. 111‑3.
Form of charge.
(a) A charge shall be in writing and allege the commission of an
offense by:
(1) Stating the name of the offense;
(2) Citing the statutory provision alleged to have | ||
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(3) Setting forth the nature and elements of the | ||
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(4) Stating the date and county of the offense as | ||
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(5) Stating the name of the accused, if known, and | ||
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(b) An indictment shall be signed by the foreman of the Grand Jury and
an information shall be signed by the State's Attorney and sworn to by him
or another. A complaint shall be sworn to and signed by the complainant;
Provided, however, that when a citation is issued on a Uniform Traffic
Ticket or Uniform Conservation Ticket (in a form prescribed by the
Conference of Chief Circuit Judges and filed with the Supreme Court), the
copy of such Uniform Ticket which is filed with the circuit court
constitutes a complaint to which the defendant may plead, unless he
specifically requests that a verified complaint be filed.
(c) When the State seeks an enhanced sentence because of a prior
conviction, the charge shall also state the intention to seek an enhanced
sentence and shall state such prior conviction so as to give notice to the
defendant. However, the fact of such prior conviction and the State's
intention to seek an enhanced sentence are not elements of the offense and
may not be disclosed to the jury during trial unless otherwise permitted by
issues properly raised during such trial.
For the purposes of this Section, "enhanced sentence" means a sentence
which is increased by a prior conviction from one classification of offense
to another higher level classification of offense set forth in Section
5‑5‑1 of the "Unified Code of Corrections", approved July 26, 1972, as
amended; it does not include an increase in the sentence applied within the
same level of classification of offense.
(c‑5) Notwithstanding any other provision of law, in all cases in which
the
imposition of the death penalty is not a possibility, if an alleged fact (other
than the fact of a prior conviction) is not an element of an offense but is
sought to be used to increase the range of penalties for the offense beyond the
statutory maximum that could otherwise be imposed for the offense, the alleged
fact must be included in the charging instrument or otherwise provided to the
defendant through a written notification before trial, submitted to a trier
of fact as an aggravating factor, and proved beyond a reasonable doubt.
Failure to prove the fact beyond a reasonable doubt is not a bar to a
conviction
for commission of the offense, but is a bar to increasing, based on that fact,
the range of penalties for the offense beyond the statutory maximum that could
otherwise be imposed for that offense. Nothing in this subsection (c‑5)
requires the
imposition of a sentence that increases the range of penalties for the offense
beyond the statutory maximum that could otherwise be imposed for the offense if
the imposition of that sentence is not required by law.
(d) At any time prior to trial, the State on motion shall be permitted
to amend the charge, whether brought by indictment, information or
complaint, to make the charge comply with subsection (c) or (c‑5) of this
Section. Nothing in Section 103‑5 of this Code precludes such an
amendment or a written notification made in accordance with subsection (c‑5) of
this Section.
(e) The provisions of Article 33B of the Criminal Code of 1961,
as amended, shall not be affected by this Section.
(Source: P.A. 91‑953, eff. 2‑23‑01.)
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(725 ILCS 5/111‑4) (from Ch. 38, par. 111‑4)
Sec. 111‑4.
Joinder of offenses and defendants.
(a) Two or more offenses may be charged in the same indictment,
information or complaint in a separate count for each offense if the
offenses charged, whether felonies or misdemeanors or both, are based on
the same act or on 2 or more acts which are part of the same comprehensive
transaction.
(b) Two or more defendants may be charged in the same indictment,
information or complaint if they are alleged to have participated in the
same act or in the same comprehensive transaction out of which the offense
or offenses arose. Such defendants may be charged in one or more counts
together or separately and all of the defendants need not be charged in
each count.
(c) Two or more acts or transactions in violation of any provision or
provisions of Sections 8A‑2, 8A‑3, 8A‑4, 8A‑4A and 8A‑5 of the Illinois
Public Aid Code, Sections 16‑1, 16‑2, 16‑3, 16‑5, 16‑7, 16‑8, 16‑10, 16A‑3,
16B‑2, 16C‑2, 17‑1, 17‑6, 17‑7, 17‑8, 17‑9 or 17‑10 of the Criminal Code of
1961 and Section 118 of Division I of the Criminal Jurisprudence Act, may
be charged as a single offense in a single count of the same indictment,
information or complaint, if such acts or transactions by one or more
defendants are in furtherance of a single intention and design and if the
property, labor or services obtained are of the same person or are of
several persons having a common interest in such property, labor or
services. In such a charge, the period between the dates of the first and
the final such acts or transactions may be alleged as the date of the
offense and, if any such act or transaction by any defendant was committed
in the county where the prosecution was commenced, such county may be
alleged as the county of the offense.
(Source: P.A. 87‑805.)
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(725 ILCS 5/111‑5) (from Ch. 38, par. 111‑5)
Sec. 111‑5.
Formal defects in a charge.
An indictment, information or complaint which charges the commission of
an offense in accordance with Section 111‑‑3 of this Code shall not be
dismissed and may be amended on motion by the State's Attorney or defendant
at any time because of formal defects, including:
(a) Any miswriting, misspelling or grammatical error;
(b) Any misjoinder of the parties defendant;
(c) Any misjoinder of the offense charged;
(d) The presence of any unnecessary allegation;
(e) The failure to negative any exception, any excuse or proviso
contained in the statute defining the offense; or
(f) The use of alternative or disjunctive allegations as to the acts,
means, intents or results charged.
(Source: Laws 1963, p. 2836.)
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(725 ILCS 5/111‑6) (from Ch. 38, par. 111‑6)
Sec. 111‑6.
Bill
of particulars.
When an indictment, information or complaint charges an offense in
accordance with the provisions of Section 111‑3 of this Code but fails to
specify the particulars of the offense sufficiently to enable the defendant
to prepare his defense the court may, on written motion of the defendant,
require the State's Attorney to furnish the defendant with a Bill of
Particulars containing such particulars as may be necessary for the
preparation of the defense. At the trial of the cause the State's evidence
shall be confined to the particulars of the bill.
(Source: Laws 1963, p. 2836.)
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(725 ILCS 5/111‑7) (from Ch. 38, par. 111‑7)
Sec. 111‑7.
Loss
of charge.
When an indictment, information or complaint which has been returned or
presented to a court as authorized by law has become illegible or cannot be
produced at the arraignment or trial the defendant may be arraigned and
tried on a copy thereof certified by the clerk of the court.
(Source: Laws 1963, p. 2836.)
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(725 ILCS 5/112‑1) (from Ch. 38, par. 112‑1)
Sec. 112‑1.
Selection and qualification.
The grand jurors shall be summoned, drawn, qualified and certified
according to law.
(Source: Laws 1963, p. 2836.)
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(725 ILCS 5/112‑2) (from Ch. 38, par. 112‑2)
Sec. 112‑2.
Impaneling the Grand Jury.
(a) The Grand Jury shall consist
of 16 persons, 12 of whom shall be necessary to constitute a quorum.
(b) The Grand Jury shall be impaneled, sworn and instructed as to its
duties by the court. The court shall select and swear one of the grand
jurors to serve as foreman.
(c) Before the Grand Jury shall enter upon the discharge of their duties
the following oath shall be administered to the jurors:
"You and each of you do solemnly swear (or affirm, as the case may be),
that you will diligently inquire into and true presentment make of all such
matters and things as shall be given you in charge, or shall otherwise come
to your knowledge, touching the present service; you shall present no
person through malice, hatred or ill‑will; nor shall you leave any
unpresented through fear, favor, affection, or for any fee or reward, or
for any hope or promise thereof; but in all of your presentments, you shall
present the truth, the whole truth, and nothing but the truth, according to
the best of your skill and understanding; so help you God."
(Source: P.A. 85‑690.)
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(725 ILCS 5/112‑3) (from Ch. 38, par. 112‑3)
Sec. 112‑3.
Duration of Grand Jury.
(a) In counties with a population in excess of 1,000,000 a Grand Jury
shall be convened, impaneled and sworn, and shall commence the performance
of its duties for an indeterminate period, on the first Monday of each
month. In such counties a Grand Jury shall serve until discharged by the
court, except that no Grand Jury shall serve in excess of 18 months and not
more than 6 Grand Juries shall sit at the same time.
In counties with a population in excess of 225,000 but less than 1,000,000
a Grand Jury may be convened, empaneled, and sworn and may sit at such times
and for such periods as the circuit court may order on its own motion or that
of the State's Attorney. No Grand Jury shall serve in excess of 18
months and not more than 2 Grand Juries shall sit at the same time.
(b) In all other counties the Grand Jury shall be called and sit at such
times and for such periods as the circuit court may order on its own motion
or that of the State's Attorney; provided, that no Grand Jury shall sit for
a period in excess of 18 months and, provided further, that no more than
one Grand Jury shall sit at the same time.
(c) At any time for cause shown the court may excuse a grand juror
either temporarily or permanently and, if permanently, may impanel another
person in place of the grand juror excused.
(Source: P.A. 88‑31.)
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(725 ILCS 5/112‑4) (from Ch. 38, par. 112‑4)
Sec. 112‑4.
Duties of Grand Jury and State's Attorney.) (a) The Grand
Jury shall hear all evidence presented by the State's Attorney.
(b) The Grand Jury has the right to subpoena and question any person
against whom the State's Attorney is seeking a Bill of Indictment, or any
other person, and to obtain and examine any documents or transcripts
relevant to the matter being prosecuted by the State's Attorney.
Prior to the commencement of its duties and, again, before the
consideration of each matter or charge before the Grand Jury, the
State's Attorney shall inform the Grand Jury of these rights.
In cases where the initial charge has been commenced by information or
complaint and a finding of no probable cause has resulted as to any offense
charged therein, the Grand Jury shall be informed of the finding entered
at the preliminary hearing and further advised that such finding shall not
bar the State from initiating new charges by indictment, information or
complaint if the State's Attorney has reasonable grounds to believe that
the evidence available at that time is sufficient to establish probable
cause. In such cases, the Grand Jury shall be further advised that it has
the right to subpoena and question any witness who testified at the preliminary
hearing, or who is believed to have knowledge of such offense, and of its
right to obtain and examine the testimony heard at the preliminary hearing,
either through the production of a transcript of the proceedings, or through
the verbatim testimony of the court reporter who attended the preliminary
hearing. The State's Attorney shall file an affidavit as part of the Grand
Jury record indicating whether the jurors were advised of such previous
findings of no probable cause and of their rights based upon such previous finding.
Any person subpoenaed who is already charged with an offense or
against whom the State's Attorney is seeking a Bill of Indictment shall
have the right to be accompanied by counsel who shall advise him of his
rights during the proceedings but may not participate in any other way.
Before any testimony is given by such a person, he shall be informed
that he has the right to refuse to answer any question that will tend to
incriminate him, that anything he says may be used against him in a
court of law, that he has the right to be accompanied and advised of his
rights by counsel, and that he will have counsel appointed for him if he
cannot afford one.
(c) The foreman shall preside over all hearings and swear all
witnesses. Except where otherwise provided by this Article, the foreman
may delegate duties to other grand jurors and determine rules of
procedure.
(d) If 9 grand jurors concur that the evidence before them
constitutes probable cause that a person has committed an offense the
State's Attorney shall prepare a Bill of Indictment charging that person
with such offense. The foreman shall sign each Bill of Indictment which
shall be returned in open court.
(e) When the evidence presented to the Grand Jury does not warrant
the return of a Bill of Indictment, the State's Attorney may prepare a
written memorandum to such effect, entitled, "No Bill".
(Source: P.A. 85‑690.)
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(725 ILCS 5/112‑4.1) (from Ch. 38, par. 112‑4.1)
Sec. 112‑4.1.
Any person appearing before the grand jury shall have the
right to be accompanied by counsel who shall advise him of his rights but
shall not participate in any other way.
(Source: P.A. 81‑1112.)
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(725 ILCS 5/112‑5) (from Ch. 38, par. 112‑5)
Sec. 112‑5.
Duties of others.
(a) The clerk of the court shall keep such
records of Bills of Indictments and No Bills as may be prescribed by Rule
of the Supreme Court.
(b) The court may appoint an investigator or investigators
on petition showing good cause for same and signed by the
foreman and 8 other grand jurors. The duties and tenure of
appointment of such investigator or investigators shall be
determined by the court.
(Source: P.A. 85‑690.)
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(725 ILCS 5/112‑6) (from Ch. 38, par. 112‑6)
Sec. 112‑6.
Secrecy of proceedings.) (a) Only the State's Attorney, his
reporter and any other person authorized by the court or by law
may attend the sessions of the Grand Jury. Only the
grand jurors shall be present during the deliberations and vote of the
Grand Jury. If no reporter is assigned by the State's Attorney to attend
the sessions of the Grand Jury, the court shall appoint such reporter.
(b) Matters other than the deliberations and vote of any grand juror
shall not be disclosed by the State's Attorney, except as otherwise
provided for in subsection (c). The court may direct that a Bill of
Indictment be kept secret until the defendant is in custody or has given
bail and in either event the clerk shall seal the Bill of Indictment and no
person shall disclose the finding of the Bill of Indictment except when
necessary for the issuance and execution of a warrant.
(c) (1) Disclosure otherwise prohibited by this Section of matters
occurring before the Grand Jury, other than its deliberations and the vote
of any grand juror, may be made to:
a. a State's Attorney for use in the performance of such State's
Attorney's duty; and
b. such government personnel as are deemed necessary by the State's
Attorney in the performance of such State's Attorney's duty to enforce
State criminal law.
(2) Any person to whom matters are disclosed under paragraph (1) of this
subsection (c) shall not use the Grand Jury material for any purpose other
than assisting the State's Attorney in the performance of such State's
Attorney's duty to enforce State criminal law. The State's Attorney shall
promptly provide the court, before which was impaneled the Grand Jury whose
material has been disclosed, with the names of the persons to whom such
disclosure has been made.
(3) Disclosure otherwise prohibited by this Section of matters occurring
before the Grand Jury may also be made when the court, preliminary to or in
connection with a judicial proceeding, directs such in the interests of
justice or when a law so directs.
(d) Any grand juror or officer of the court who discloses, other than to
his attorney, matters occurring before the Grand Jury other than in
accordance with the provisions of this subsection or Section 112‑7 shall be
punished as a contempt of court, subject to proceedings in accordance to law.
(Source: P.A. 85‑690.)
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(725 ILCS 5/112‑7) (from Ch. 38, par. 112‑7)
Sec. 112‑7.
A transcript shall be made of all questions asked of and
answers given by witnesses before the grand jury.
(Source: P.A. 79‑669.)
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(725 ILCS 5/112‑8)
Sec. 112‑8.
Destroyed instrument.
When an instrument
that is the subject of an indictment
has been destroyed or withheld by the act or procurement of the defendant, and
the fact of the destruction or withholding is alleged in the
indictment and
established on trial, the accused shall not be acquitted on account of any
misdescription of the instrument so withheld or destroyed.
(Source: P.A. 89‑234, eff. 1‑1‑96.)
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(725 ILCS 5/112A‑1) (from Ch. 38, par. 112A‑1)
Sec. 112A‑1.
Construction.
This Article shall be interpreted in
accordance with the purposes and rules of construction set forth in Section
102 of the Illinois Domestic Violence Act of 1986. Each of
the provisions of the Illinois Domestic Violence Act of 1986
which are included
in this Article shall govern the issuance, recording and enforcement of
orders of protection in criminal proceedings.
(Source: P.A. 84‑1305.)
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(725 ILCS 5/112A‑2) (from Ch. 38, par. 112A‑2)
Sec. 112A‑2.
Commencement of Actions.
(a) Actions for orders of protection are commenced in conjunction with a
delinquency petition or a criminal prosecution by filing a petition for an
order of protection, under the same case number as the delinquency petition
or the criminal prosecution, to be granted during pre‑trial release of a
defendant, with any dispositional order issued under Section 5‑710
of the
Juvenile Court Act of 1987, or as a condition of release, supervision,
conditional discharge, probation, periodic imprisonment, parole or
mandatory supervised release, or in conjunction with imprisonment or a bond
forfeiture warrant, provided that:
(i) the violation is alleged in an information, | ||
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(ii) the petition, which is filed by the State's | ||
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(b) Withdrawal or dismissal of any petition for an order of protection
prior to adjudication where the petitioner is represented by the state
shall operate as a dismissal without prejudice.
(c) Voluntary dismissal or withdrawal of any delinquency petition or
criminal prosecution or a finding of not guilty shall not require dismissal
of the action for the order of protection; instead, in the discretion of
the State's Attorney, it may be treated as an independent action and, if
necessary and appropriate, transferred to a different court or division.
Dismissal of any delinquency petition or criminal prosecution shall not
affect the validity of any previously issued order of protection, and
thereafter subsection (b) of Section 112A‑20 shall be inapplicable to that order.
(Source: P.A. 90‑590, eff. 1‑1‑99.)
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(725 ILCS 5/112A‑3) (from Ch. 38, par. 112A‑3)
Sec. 112A‑3. Definitions. For the purposes of this Article, the
following terms shall have the following meanings:
(1) "Abuse" means physical abuse, harassment, intimidation of a
dependent, interference with personal liberty or willful deprivation but
does not include reasonable direction of a minor child by a parent or
person in loco parentis.
(2) "Domestic violence" means abuse as described in paragraph (1).
(3) "Family or household members" include spouses, former spouses,
parents, children, stepchildren and other persons related by blood or
by present or prior marriage, persons who share or formerly shared a
common dwelling, persons who have or allegedly have a child in common, persons
who share or allegedly share a blood relationship through a child, persons who
have or have had a dating or engagement relationship, persons with disabilities
and their personal assistants, and caregivers as defined in paragraph (3) of
subsection (b) of Section 12‑21 of the Criminal Code of 1961.
For purposes of this paragraph, neither a casual acquaintanceship nor
ordinary fraternization between 2 individuals in business or social
contexts shall be deemed to constitute a dating relationship.
(4) "Harassment" means knowing conduct which
is not necessary to accomplish a purpose which is reasonable under the
circumstances; would cause a reasonable person emotional distress; and
does cause emotional distress to the petitioner.
Unless the presumption is rebutted by a preponderance of the evidence, the
following types of conduct shall be presumed to cause emotional distress:
(i) creating a disturbance at petitioner's place of | ||
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(ii) repeatedly telephoning petitioner's place of | ||
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(iii) repeatedly following petitioner about in a | ||
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(iv) repeatedly keeping petitioner under | ||
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(v) improperly concealing a minor child from | ||
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(vi) threatening physical force, confinement or | ||
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(5) "Interference with personal liberty" means committing or threatening
physical abuse, harassment, intimidation or willful deprivation so as to
compel another to engage in conduct from which she or he has a right to
abstain or to refrain from conduct
in which she or he has a right to engage.
(6) "Intimidation of a dependent" means subjecting a person who is
dependent because of age, health or disability to participation in or the
witnessing of: physical force against another or physical confinement or
restraint of another which constitutes physical abuse as defined in this
Article, regardless of whether the abused person is a family or household member.
(7) "Order of protection" means an emergency order, interim order or
plenary order, granted pursuant to this Article, which includes any or all
of the remedies authorized by Section 112A‑14 of this Code.
(8) "Petitioner" may mean not only any named petitioner for the order of
protection and any named victim of abuse on whose behalf the petition
is brought, but also any other person protected by this Article.
(9) "Physical abuse" includes sexual abuse and means any of the following:
(i) knowing or reckless use of physical force, | ||
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(ii) knowing, repeated and unnecessary sleep | ||
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(iii) knowing or reckless conduct which creates an | ||
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(9.5) "Stay away" means for the respondent to refrain from both physical presence and nonphysical contact with the petitioner whether direct, indirect (including, but not limited to, telephone calls, mail, email, faxes, and written notes), or through third parties who may or may not know about the order of protection.
(10) "Willful deprivation" means wilfully denying a person who because of
age, health or disability requires medication, medical care, shelter,
accessible shelter or services, food, therapeutic device, or other physical
assistance, and thereby exposing that person to the risk of physical, mental or
emotional harm, except with regard to medical care and treatment when such
dependent person has expressed the intent to forgo such medical care or
treatment. This paragraph does not create any new affirmative duty to provide
support to dependent persons.
(Source: P.A. 92‑253, eff. 1‑1‑02; 93‑811, eff. 1‑1‑05.)
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(725 ILCS 5/112A‑4) (from Ch. 38, par. 112A‑4)
Sec. 112A‑4.
Persons protected by this article.
(a) The following persons are protected by
this Article:
(i) any person abused by a family or household | ||
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(ii) any minor child or dependent adult in the care | ||
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(iii) any person residing or employed at a private | ||
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(b) A petition for an order of protection may be filed only by a person
who
has been abused by a family or household member or by any person on behalf
of a minor child or an adult who has been
abused by a family or household
member and who, because of age, health, disability, or inaccessibility,
cannot file the petition. However, any petition properly
filed under this Article may seek
protection for any additional persons protected by this Article.
(Source: P.A. 87‑1186.)
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(725 ILCS 5/112A‑5) (from Ch. 38, par. 112A‑5)
Sec. 112A‑5.
Pleading; non‑disclosure of address.
(a) A petition for an
order of protection shall be in writing and verified or accompanied by
affidavit
and shall allege that petitioner has been abused by respondent, who is a
family or household member.
The petition shall further set forth whether there is any other pending
action between the parties. During the pendency of this proceeding, each
party has a continuing duty to inform the court of any subsequent
proceeding for an order of protection in this or any other state.
(b) If the petition states that disclosure of petitioner's
address would risk abuse of petitioner or any member of petitioner's
family or household
or reveal the confidential address of a shelter for domestic violence victims,
that address may be omitted from all documents filed with the court. If
disclosure is necessary to determine jurisdiction or consider any venue issue,
it shall be made orally and in camera. If petitioner has not disclosed
an address under this subsection, petitioner shall designate an
alternative address at which respondent may serve notice of any motions.
(Source: P.A. 87‑1186.)
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(725 ILCS 5/112A‑6) (from Ch. 38, par. 112A‑6)
Sec. 112A‑6.
Application of rules of civil procedure; criminal law.
(a) Any proceeding
to obtain, modify, reopen or appeal an order of protection, whether
commenced alone or in conjunction with a civil or criminal
proceeding, shall be governed by the rules of civil procedure of this
State. The standard of proof in such a proceeding is proof by a
preponderance of the evidence, whether the proceeding is heard in criminal
or civil court. The Code of Civil Procedure and Supreme Court and local court
rules applicable to civil proceedings, as now or hereafter amended, shall
apply, except as otherwise provided by law.
Civil law on venue, discovery, and on penalties for untrue statements shall
not apply
to order of protection proceedings heard under this Article 112A.
(b) Criminal law on discovery, venue, and on penalties for untrue
statements
apply to orders of protection proceedings heard under this Article 112A.
(Source: P.A. 90‑235, eff. 1‑1‑98.)
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(725 ILCS 5/112A‑7) (from Ch. 38, par. 112A‑7)
Sec. 112A‑7.
Trial by jury.
There shall be no right to trial by jury in any
proceeding to obtain, modify, vacate or extend any order of protection under
this Article. However, nothing in this Section shall deny any existing right to
trial by jury in a criminal proceeding.
(Source: P.A. 87‑895; 87‑1186; 88‑45.)
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(725 ILCS 5/112A‑8) (from Ch. 38, par. 112A‑8)
Sec. 112A‑8.
Subject matter jurisdiction.
Each of the circuit courts
shall have the power to issue orders of protection.
(Source: P.A. 84‑1305.)
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(725 ILCS 5/112A‑9) (from Ch. 38, par. 112A‑9)
Sec. 112A‑9.
Jurisdiction over persons.
In child custody proceedings,
the court's personal jurisdiction is determined by this State's Uniform
Child‑Custody Jurisdiction and Enforcement Act. Otherwise,
the courts of this State have jurisdiction to bind (i) State residents, and
(ii) non‑residents having minimum contacts with this State, to the extent
permitted by the long‑arm statute, Section 2‑209 of the Code of Civil
Procedure, as now or hereafter amended.
(Source: P.A. 93‑108, eff. 1‑1‑04.)
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(725 ILCS 5/112A‑10) (from Ch. 38, par. 112A‑10)
Sec. 112A‑10.
Process.
(a) Summons. Any action for an order of
protection, whether commenced alone or in conjunction with another
proceeding, is a distinct cause of action and requires that a separate
summons be issued and served, except that in pending criminal cases, the
summons may be delivered to respondent in open court. The summons shall
be in the form prescribed by Supreme
Court Rule 101(d), except that it shall require respondent to answer or
appear within 7 days, and shall be accompanied by the petition for the
order of protection, any supporting affidavits, if any, and any emergency
order of protection that has been issued. The enforcement of an
order of protection under Section 112A‑23 shall not be affected by the lack
of service or delivery, provided the requirements of subsection (a) of that
Section are otherwise met.
(b) Fees. No fee shall be charged for service of summons.
(c) Expedited service. The summons shall be served by the sheriff or
other law enforcement officer at the earliest time and shall take
precedence over other summonses except those of a similar emergency nature.
Special process servers may be appointed at any time, and their
designation shall not affect the responsibilities and authority of the
sheriff or other official process servers. Process shall not be served in court.
(d) Remedies requiring actual notice. The counseling, payment of
support, payment of shelter services, and payment of losses remedies
provided by paragraphs 4,
12, 13, and 16 of subsection (b) of Section 112A‑14 may be granted only if respondent
has been personally served with process, has answered or has made a general appearance.
(e) Remedies upon constructive notice. Service of process on a member
of respondent's household or by publication, in accordance with Sections
2‑203, 2‑206 and 2‑207 of the Code of Civil Procedure, as now or hereafter
amended, shall be adequate for the remedies provided by paragraphs 1, 2, 3,
5, 6, 7, 8, 9, 10, 11, 14, 15, and 17 of subsection (b) of
Section 112A‑14, but only if: (i)
petitioner has made all reasonable efforts to accomplish actual service of
process personally upon respondent, but respondent cannot be found to
effect such service; and (ii) petitioner files an affidavit or presents
sworn testimony as to those efforts.
(f) Default. A plenary order of protection may be entered
by default
(1) for any of the remedies sought in the petition, if respondent has
been served with documents in accordance with subsection (a) and if
respondent then fails to appear on the specified return date or on any
subsequent hearing date agreed to by the parties or set by the court; or (2)
for any of the remedies provided under subsection (e), if
the defendant fails to answer or appear in accordance with the date set in
the publication notice or the return date indicated on the service of a
household member.
(Source: P.A. 87‑1186.)
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(725 ILCS 5/112A‑11) (from Ch. 38, par. 112A‑11)
Sec. 112A‑11.
Service of Notice of Hearings.
A party presenting a
petition or motion to the court shall provide the other parties with
written notice of the date, time and place of the hearing thereon, together
with a copy of any petition, motion or accompanying affidavit not yet
served upon that party, and shall file proof of that service, in accordance
with Supreme Court Rules 11 and 12, unless notice is excused by Section 112A‑17
of this Article, or by the Code of Civil Procedure, Supreme Court Rules or local rules.
(Source: P.A. 84‑1305.)
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(725 ILCS 5/112A‑12) (from Ch. 38, par. 112A‑12)
Sec. 112A‑12.
Hearings.
(a) A petition for an order of protection shall be
treated as an expedited proceeding, and no court
shall transfer or
otherwise decline to decide all or part of such petition,
except as otherwise provided herein.
Nothing in this Section
shall prevent the court from reserving issues when jurisdiction or notice
requirements are not met.
(b) A criminal court may decline to decide contested
issues of physical care, custody, visitation,
or family support, unless a decision on one or more of those
contested issues is necessary to
avoid the risk of abuse, neglect, removal from the state or concealment
within the state of the child or of separation of the child from the primary
caretaker.
(c) The court shall transfer to the appropriate court or division any issue
it has
declined to decide. Any court may transfer any matter which must be
tried by jury to a more appropriate calendar or division.
(d) If the court transfers or otherwise declines to decide any issue,
judgment on that issue shall be expressly reserved and ruling on other
issues shall not be delayed or declined.
(Source: P.A. 87‑1186.)
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(725 ILCS 5/112A‑13) (from Ch. 38, par. 112A‑13)
Sec. 112A‑13.
Continuances.
(a) Petitions for Emergency Orders. Petitions for emergency remedies
shall be granted or denied in accordance with the standards of Section 217 of
the Illinois Domestic Violence Act of 1986,
regardless of respondent's presence in court or appearance.
(b) Petitions for Interim and Plenary Orders. Any action for an order
of protection is an expedited proceeding. Continuances should be granted
only for good cause shown and kept to the minimum reasonable
duration, taking into account the reasons for the continuance. If the
continuance is necessary for some, but not all, of the remedies requested,
hearing on those
other remedies shall not be delayed.
(Source: P.A. 91‑357, eff. 7‑29‑99.)
|
(725 ILCS 5/112A‑14) (from Ch. 38, par. 112A‑14)
Sec. 112A‑14.
Order of protection; remedies.
(a) Issuance of order. If the court finds that petitioner has been
abused by a family or household member, as defined in this Article, an
order of protection prohibiting such abuse shall issue; provided that
petitioner must also satisfy the requirements of one of the following
Sections, as appropriate: Section 112A‑17 on emergency orders, Section
112A‑18 on interim orders, or Section 112A‑19 on
plenary orders.
Petitioner shall not be denied an order of protection because petitioner or
respondent is a minor. The court, when determining whether or not to issue
an order of protection, shall not require physical manifestations of abuse
on the person of the victim. Modification and extension of prior orders of
protection shall be in accordance with this Article.
(b) Remedies and standards. The remedies to be included in an order of
protection shall be determined in accordance with this Section and one of
the following Sections, as appropriate: Section 112A‑17 on
emergency orders,
Section 112A‑18 on interim orders, and Section 112A‑19 on
plenary orders.
The remedies listed in this subsection shall be in addition to other civil
or criminal remedies available to petitioner.
(1) Prohibition of abuse. Prohibit respondent's | ||
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(2) Grant of exclusive possession of residence. | ||
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(A) Right to occupancy. A party has a right to | ||
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(B) Presumption of hardships. If petitioner and | ||
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The balance of hardships is presumed to favor | ||
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(3) Stay away order and additional prohibitions. | ||
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If an order of protection grants petitioner | ||
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(4) Counseling. Require or recommend the respondent | ||
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(5) Physical care and possession of the minor child. | ||
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If a court finds, after a hearing, that respondent | ||
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(6) Temporary legal custody. Award temporary legal | ||
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If a court finds, after a hearing, that respondent | ||
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(7) Visitation. Determine the visitation rights, if | ||
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Petitioner may deny respondent access to the minor | ||
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If necessary to protect any member of petitioner's | ||
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(8) Removal or concealment of minor child. Prohibit | ||
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(9) Order to appear. Order the respondent to appear | ||
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(10) Possession of personal property. Grant | ||
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(i) petitioner, but not respondent, owns the | ||
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(ii) the parties own the property jointly; | ||
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If petitioner's sole claim to ownership of the | ||
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No order under this provision shall affect title to | ||
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(11) Protection of property. Forbid the respondent | ||
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(i) petitioner, but not respondent, owns the | ||
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(ii) the parties own the property jointly, and | ||
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If petitioner's sole claim to ownership of the | ||
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The court may further prohibit respondent from | ||
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(12) Order for payment of support. Order respondent | ||
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(13) Order for payment of losses. Order respondent | ||
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(i) Losses affecting family needs. If a party | ||
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(ii) Recovery of expenses. In the case of an | ||
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(14) Prohibition of entry. Prohibit the respondent | ||
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(14.5) Prohibition of firearm possession. (a) When | ||
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(15) Prohibition of access to records. If an order | ||
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(16) Order for payment of shelter services. Order | ||
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(17) Order for injunctive relief. Enter injunctive | ||
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(c) Relevant factors; findings.
(1) In determining whether to grant a specific | ||
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(i) the nature, frequency, severity, pattern and | ||
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(ii) the danger that any minor child will be | ||
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(2) In comparing relative hardships resulting to the | ||
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(i) availability, accessibility, cost, safety, | ||
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(ii) the effect on the party's employment; and
(iii) the effect on the relationship of the | ||
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(3) Subject to the exceptions set forth in paragraph | ||
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(i) That the court has considered the applicable | ||
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(ii) Whether the conduct or actions of | ||
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(iii) Whether it is necessary to grant the | ||
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(4) For purposes of issuing an ex parte emergency | ||
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When a verified petition for an emergency order of | ||
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(5) Never married parties. No rights or | ||
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(d) Balance of hardships; findings. If the court finds that the balance
of hardships does not support the granting of a remedy governed by
paragraph (2), (3), (10), (11), or (16) of
subsection (b) of this Section,
which may require such balancing, the court's findings shall so
indicate and shall include a finding as to whether granting the remedy will
result in hardship to respondent that would substantially outweigh the hardship
to petitioner
from denial of the remedy. The findings shall be an official record or in
writing.
(e) Denial of remedies. Denial of any remedy shall not be based, in
whole or in part, on evidence that:
(1) Respondent has cause for any use of force, | ||
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(2) Respondent was voluntarily intoxicated;
(3) Petitioner acted in self‑defense or defense of | ||
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(4) Petitioner did not act in self‑defense or | ||
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(5) Petitioner left the residence or household to | ||
|
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(6) Petitioner did not leave the residence or | ||
|
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(7) Conduct by any family or household member | ||
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(Source: P.A. 93‑108, eff. 1‑1‑04.)
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(725 ILCS 5/112A‑15) (from Ch. 38, par. 112A‑15)
Sec. 112A‑15.
Mutual orders of protection; correlative separate
orders. Mutual orders of protection are prohibited. Correlative separate orders
of protection undermine the purposes of this Article. If separate
orders of protection in a criminal or delinquency case are sought, there
must be compliance with Section 112A‑2. Nothing in this Section prohibits
a party from seeking a civil order of protection.
If correlative separate orders of protection result after being sought
in separate criminal or delinquency actions in accordance with Section 112A‑2,
that fact
shall not be a sufficient basis to deny any remedy to either petitioner or to prove that the parties are equally at fault or
equally endangered.
(Source: P.A. 87‑1186.)
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(725 ILCS 5/112A‑16) (from Ch. 38, par. 112A‑16)
Sec. 112A‑16.
Accountability for Actions of Others.
For the purposes of
issuing an order of protection,
deciding what remedies should be included and enforcing the order, Article
5 of the Criminal Code of 1961 shall govern whether respondent is legally
accountable for the conduct of another person.
(Source: P.A. 84‑1305.)
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(725 ILCS 5/112A‑17) (from Ch. 38, par. 112A‑17)
Sec. 112A‑17.
Emergency order of protection.
(a) Prerequisites. An emergency order of protection shall issue if
petitioner
satisfies the requirements of this subsection for one or more of the requested
remedies. For each remedy requested, petitioner shall establish that:
(1) The court has jurisdiction under Section 112A‑9;
(2) The requirements of Section 112A‑14 are | ||
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(3) There is good cause to grant the remedy, | ||
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(i) For the remedies of "prohibition of abuse" | ||
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(ii) For the remedy of "grant of exclusive | ||
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(iii) For the remedy of "possession of personal | ||
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An emergency order may not include the counseling, legal custody, payment
of support or monetary compensation remedies.
(b) Appearance by respondent.
If respondent appears in court for this hearing for an emergency order,
he or she may elect to file a general appearance and testify. Any
resulting order may be an emergency order, governed by this Section. Notwithstanding the
requirements of this Section, if all requirements of Section 112A‑18 have been
met, the Court may issue a 30‑day interim order.
(c) Emergency orders: court holidays and evenings.
(1) Prerequisites. When the court is unavailable at | ||
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(1.5) Issuance of order. The chief judge of the | ||
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(2) Certification and transfer. Any order issued | ||
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(Source: P.A. 90‑392, eff. 1‑1‑98.)
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(725 ILCS 5/112A‑18) (from Ch. 38, par. 112A‑18)
Sec. 112A‑18.
30‑Day interim order of protection.
(a) Prerequisites. An interim order of protection shall issue if
petitioner has served notice of the hearing for that order on respondent,
in accordance with Section 112A‑11, and satisfies the requirements of this
subsection for one or more of the requested remedies. For each remedy
requested, petitioner shall establish that:
(1) The court has jurisdiction under Section 112A‑9;
(2) The requirements of Section 112A‑14 are | ||
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(3) A general appearance was made or filed by or for | ||
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An interim order may not include the counseling, payment of support or
monetary compensation remedies, unless the respondent has filed a general
appearance or has been personally served.
(b) Appearance by respondent. If respondent appears in court for this
hearing for an interim order, he or she may elect to file a general
appearance and testify. Any resulting order may be an interim order,
governed by this Section. Notwithstanding the requirements of this
Section, if all requirements of Section 112A‑19 have been met, the Court
may issue a plenary order of protection.
(Source: P.A. 87‑1186.)
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(725 ILCS 5/112A‑19) (from Ch. 38, par. 112A‑19)
Sec. 112A‑19.
Plenary Order of Protection.
A plenary order of protection shall
issue if petitioner has served notice of the hearing for that order on
respondent, in accordance with Section 112A‑11, and satisfies the requirements
of this Section for one or more of the requested remedies. For each remedy
requested, petitioner must establish that:
(1) The court has jurisdiction under Section 112A‑9;
(2) The requirements of Section 112A‑14 are satisfied; and
(3) A general appearance was made or filed by or for respondent or
process was served on respondent in the manner required by Section 112A‑10; and
(4) Respondent has answered or is in default.
(Source: P.A. 84‑1305.)
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(725 ILCS 5/112A‑20) (from Ch. 38, par. 112A‑20)
Sec. 112A‑20.
Duration and extension of orders.
(a) Duration of emergency and interim orders. Unless re‑opened or
extended or voided by entry of
an order of greater duration:
(1) Emergency orders issued under Section 112A‑17 | ||
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(2) Interim orders shall be effective for up to 30 | ||
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(b) Duration of plenary orders. Except as otherwise provided in this
Section, a plenary order of protection shall be valid for a fixed period
of time not to exceed 2 years.
A plenary order of protection entered in conjunction with a criminal
prosecution shall remain in effect as follows:
(1) if entered during pre‑trial release, until | ||
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(2) if in effect in conjunction with a bond | ||
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(3) until expiration of any supervision, conditional | ||
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(4) until the date set by the court for expiration | ||
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(c) Computation of time. The duration of an order of protection shall
not be reduced by the duration of any prior order of protection.
(d) Law enforcement records. When a plenary order of protection expires
upon the occurrence of a specified event, rather than upon a specified date
as provided in subsection (b), no expiration date shall be entered in
Department of State Police records. To remove the plenary order from
those records, either party shall request the clerk of the court to file a
certified copy of an order stating that the specified event has occurred or
that the plenary order has been vacated or modified with the sheriff, and the
sheriff shall direct that law enforcement records shall be promptly
corrected in accordance with the filed order.
(e) Extension of Orders. Any emergency, interim or plenary order of
protection may be extended one or more times, as required, provided that
the requirements of Section 112A‑17, 112A‑18 or 112A‑19, as appropriate, are satisfied.
If the motion for extension is uncontested and petitioner seeks no
modification of the order,
the order may be extended on the basis of petitioner's motion or
affidavit stating that there has been no material change in relevant
circumstances since entry of the order and stating the reason for the
requested extension. Extensions may be granted only in
open court and not under the provisions of Section 112A‑17(c), which
applies only when the court is unavailable at the close of business or on a
court holiday.
(f) Termination date. Any order of protection which would expire on a
court holiday shall instead expire at the close of the next court business day.
(g) Statement of purpose. The practice of dismissing or suspending a
criminal prosecution in exchange for issuing an order of protection
undermines the purposes of this Article. This Section shall not be
construed as encouraging that practice.
(Source: P.A. 87‑1186.)
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(725 ILCS 5/112A‑21) (from Ch. 38, par. 112A‑21)
Sec. 112A‑21. Contents of orders.
(a) Any order of protection shall
describe, in reasonable detail and not by reference to any other
document, the following:
(1) Each remedy granted by the court, in reasonable | ||
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(2) The reason for denial of petitioner's request | ||
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(b) An order of protection shall further state the following:
(1) The name of each petitioner that the court finds | ||
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(2) For any remedy requested by petitioner on which | ||
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(3) The date and time the order of protection was | ||
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(4) The date, time and place for any scheduled | ||
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||
(5) For each remedy in an emergency order of | ||
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(6) For emergency and interim orders of protection, | ||
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(c) Any order of protection shall include the following notice, printed in
conspicuous type: "Any knowing violation of an order of protection
forbidding physical abuse, harassment,
intimidation, interference with personal liberty, willful deprivation, or
entering or remaining present at
specified places when the protected person is present, or granting exclusive
possession of the residence or household, or granting a stay away order
is a Class A misdemeanor. Grant
of exclusive possession of the residence or household shall constitute
notice forbidding trespass to land. Any
knowing violation of an order awarding legal custody or physical care of a
child or prohibiting removal or concealment
of a child may be a Class 4 felony. Any willful violation of any order is
contempt of court. Any violation may result in fine or imprisonment."
(d) An emergency order of protection shall state, "This Order of Protection is enforceable, even without registration, in all 50 states, the District of Columbia, tribal lands, and the U.S. territories pursuant to the Violence Against Women Act (18 U.S.C. 2265). Violating this Order of Protection may subject the respondent to federal charges and punishment (18 U.S.C. 2261‑2262)."
(e) An interim or plenary order of protection shall state, "This Order of Protection is enforceable, even without registration, in all 50 states, the District of Columbia, tribal lands, and the U.S. territories pursuant to the Violence Against Women Act (18 U.S.C. 2265). Violating this Order of Protection may subject the respondent to federal charges and punishment (18 U.S.C. 2261‑2262). The respondent may be subject to federal criminal penalties for possessing, transporting, shipping, or receiving any firearm or ammunition under the Gun Control Act (18 U.S.C. 922(g)(8) and (9))."
(Source: P.A. 93‑944, eff. 1‑1‑05.)
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(725 ILCS 5/112A‑22) (from Ch. 38, par. 112A‑22)
Sec. 112A‑22.
Notice of orders.
(a) Entry and issuance. Upon issuance
of any order of protection, the clerk shall
immediately, or on the next court day if an emergency order is
issued in accordance with subsection (c) of Section 112A‑17,
(i) enter the order on the record and file it
in accordance with the circuit court
procedures and (ii) provide a file stamped copy of the order to
respondent, if present, and to petitioner.
(b) Filing with sheriff. The clerk of the issuing judge shall, or
the petitioner may, on the same day that an order of protection is
issued, file a copy of that order with the sheriff or other law enforcement
officials charged with maintaining Department of State Police records or
charged with serving the order upon respondent.
If the order was issued in accordance with subsection (c) of Section 112A‑17,
the
clerk shall on the next court day, file a certified copy of the order with the
Sheriff or other law enforcement officials charged with maintaining Department
of State Police records.
(c) Service by sheriff. Unless respondent was present in court when the
order was issued, the sheriff, other law enforcement official or special
process server shall
promptly serve that order upon respondent and file proof of such service,
in the manner provided for service of process in civil proceedings.
Instead of serving the order upon the respondent, however, the sheriff, other
law enforcement official, or special process server may serve the respondent
with a short form notification as provided in Section 112A‑22.10.
If
process has not yet been served upon the respondent, it shall be served
with the order or short form notification.
(c‑5) If the person against whom the order of protection is issued is
arrested and the written order is issued in accordance with subsection (c) of
Section 112A‑17
and received by the custodial law enforcement agency before the respondent or
arrestee is released from custody, the custodial law enforcement agent shall
promptly serve the order upon the respondent or arrestee before the
respondent or arrestee is released from custody. In no event shall detention
of the respondent or arrestee be extended for hearing on the petition for order
of protection or receipt of the order issued under Section 112A‑17 of this
Code.
(d) Extensions, modifications and revocations. Any order extending,
modifying or revoking any order of protection shall be promptly recorded,
issued and served as provided in this Section.
(Source: P.A. 92‑162, eff. 1‑1‑02.)
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(725 ILCS 5/112A‑22.5)
Sec. 112A‑22.5.
Filing of an order of protection issued in another state.
(a) A person entitled to protection under an order of protection issued by
the court of another state, tribe, or United States territory may file a
certified copy of the order of protection with the clerk of the court in a
judicial circuit in which the person believes that enforcement may be
necessary.
(b) The clerk shall:
(1) treat the foreign order of protection in the | ||
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(2) on the same day that a foreign order of | ||
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(c) Neither residence in this State nor filing of a foreign order of
protection shall be required for enforcement of the order by this State.
Failure to file the foreign order shall not be an impediment to its treatment
in all respects as an Illinois order of protection.
(d) The clerk shall not charge a fee to file a foreign order of protection
under this Section.
(e) The sheriff shall inform the Department of State Police as set forth in
Section 112A‑28 of this Act.
(Source: P.A. 91‑903, eff. 1‑1‑01.)
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(725 ILCS 5/112A‑22.10)
Sec. 112A‑22.10.
Short form notification.
(a) Instead of personal service of an order of protection under Section
112A‑22, a sheriff, other law enforcement official, or special process server
may serve a respondent with a short form notification. The short form
notification must include the following
items:
(1) The respondent's name.
(2) The respondent's date of birth, if known.
(3) The petitioner's name.
(4) The names of other protected parties.
(5) The date and county in which the order of | ||
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(6) The court file number.
(7) The hearing date and time, if known.
(8) The conditions that apply to the respondent, | ||
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(9) The name of the judge who signed the order.
(b) The short form notification must contain the following notice in bold
print:
"The order of protection is now enforceable. You must | ||
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(c) Upon verification of the identity of the respondent and the existence of
an unserved order of protection against the respondent, a sheriff or other law
enforcement official may detain the respondent for a reasonable time necessary
to complete and serve the short form notification.
(d) When service is made by short form notification under this Section, it
may be proved by the affidavit of the sheriff, other law enforcement official,
or special process server making the service.
(e) The Attorney General shall provide adequate copies of the short form
notification form to law enforcement agencies in this State.
(Source: P.A. 92‑162, eff. 1‑1‑02.)
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(725 ILCS 5/112A‑23) (from Ch. 38, par. 112A‑23)
Sec. 112A‑23.
Enforcement of orders of protection.
(a) When violation is crime. A violation of any order of protection,
whether issued in a civil, quasi‑criminal proceeding, shall be
enforced by a
criminal court when:
(1) The respondent commits the crime of violation of | ||
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(i) remedies described in paragraphs (1), (2), | ||
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(ii) a remedy, which is substantially similar to | ||
|
||
(iii) or any other remedy when the act | ||
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Prosecution for a violation of an order of protection shall
not bar concurrent prosecution for any other crime, including any crime
that may have been committed at the time of the violation of the order
of protection; or
(2) The respondent commits the crime of child | ||
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(i) remedies described in paragraphs (5), (6) or | ||
|
||
(ii) a remedy, which is substantially similar to | ||
|
||
(b) When violation is contempt of court. A violation of any valid order of protection, whether issued in a civil or criminal
proceeding, may be enforced through civil or criminal contempt procedures,
as appropriate, by any court with jurisdiction, regardless where the act or
acts which violated the order of protection were committed, to the extent
consistent with the venue provisions of this Article. Nothing in this
Article shall preclude any Illinois court from enforcing any valid order of
protection issued in another state. Illinois courts may enforce orders of
protection through both criminal prosecution and contempt proceedings,
unless the action which is second in time is barred by collateral estoppel
or the constitutional prohibition against double jeopardy.
(1) In a contempt proceeding where the petition for | ||
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||
(2) A petition for a rule to show cause for | ||
|
||
(c) Violation of custody or support orders. A violation of remedies
described in paragraphs (5), (6), (8), or (9) of subsection (b) of Section
112A‑14 may be enforced by any remedy provided by Section 611 of
the Illinois Marriage and Dissolution of Marriage Act. The court may
enforce any order for support issued under paragraph (12) of subsection (b)
of Section 112A‑14 in the manner provided for under Articles V and VII of the
Illinois Marriage and Dissolution of Marriage Act.
(d) Actual knowledge. An order of protection may be
enforced pursuant to this Section if the respondent violates the order
after respondent has actual knowledge of its contents
as shown through one of the following means:
(1) By service, delivery, or notice under Section | ||
|
||
(2) By notice under Section 112A‑11.
(3) By service of an order of protection under | ||
|
||
(4) By other means demonstrating actual knowledge of | ||
|
||
(e) The enforcement of an order of protection in civil or criminal court
shall not be affected by either of the following:
(1) The existence of a separate, correlative order | ||
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(2) Any finding or order entered in a conjoined | ||
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(f) Circumstances. The court, when determining whether or not a
violation of an order of protection has occurred, shall not require
physical manifestations of abuse on the person of the victim.
(g) Penalties.
(1) Except as provided in paragraph (3) of this | ||
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(2) The court shall hear and take into account | ||
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(3) To the extent permitted by law, the court is | ||
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(i) increase the penalty for the knowing | ||
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(ii) impose a minimum penalty of 24 hours | ||
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(iii) impose a minimum penalty of 48 hours | ||
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unless the court explicitly finds that an increased | ||
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(4) In addition to any other penalties imposed for a | ||
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(i) to increase, revoke or modify the bail bond | ||
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(ii) to revoke or modify an order of probation, | ||
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(iii) to revoke or modify a sentence of periodic | ||
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(Source: P.A. 93‑359, eff. 1‑1‑04.)
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(725 ILCS 5/112A‑24) (from Ch. 38, par. 112A‑24)
Sec. 112A‑24.
Modification and re‑opening of orders.
(a) Except as
otherwise provided in this Section, upon motion by petitioner, the court
may modify an emergency, interim, or plenary order of protection:
(1) If respondent has abused petitioner since the | ||
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(2) Otherwise, by adding any remedy authorized by | ||
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(i) reserved in that order of protection;
(ii) not requested for inclusion in that order | ||
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(iii) denied on procedural grounds, but not on | ||
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(b) Upon motion by petitioner or respondent, the court may modify any
prior order of protection's remedy for custody,
visitation or payment of
support in accordance with the relevant provisions of the Illinois Marriage
and Dissolution of Marriage Act.
(c) After 30 days following the entry of a plenary order of
protection, a court may modify that order only when changes in the
applicable law or facts since that plenary order was entered warrant a
modification of its terms.
(d) Upon 2 days notice to petitioner, in accordance with Section 112A‑11,
or such shorter notice as the court may prescribe, a respondent subject to an
emergency or interim order of protection issued under this Article may appear
and petition the court to re‑hear the original or amended petition. Any petition to re‑hear
shall be verified and shall allege the following:
(1) that respondent did not receive prior notice of | ||
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(2) that respondent had a meritorious defense to the | ||
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(e) If the emergency or interim order granted
petitioner exclusive possession of the residence and the petition of respondent seeks to
re‑open or vacate that grant, the court shall set a date for hearing within
14 days on all issues relating to exclusive possession. Under no
circumstances shall a court continue a hearing concerning exclusive
possession beyond the 14th day except by agreement of the parties. Other
issues raised by the pleadings may be consolidated for the hearing if
neither party nor the court objects.
(f) This Section does not limit the means, otherwise available by law,
for vacating or modifying orders of protection.
(Source: P.A. 87‑1186.)
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(725 ILCS 5/112A‑25) (from Ch. 38, par. 112A‑25)
Sec. 112A‑25.
Immunity from Prosecution.
Any individual or organization acting in good faith to report the abuse of
any person 60 years of age or older or to do any of the
following in complying with the provisions of this Article shall not be subject
to criminal prosecution or civil liability as a result of such action:
providing any information to the appropriate law enforcement agency,
providing that the giving of any information does not violate any
privilege of confidentiality under law; assisting in any investigation;
assisting in the preparation of any materials for distribution under this
Article; or by providing services ordered under an order of protection.
(Source: P.A. 84‑1305 incorporating 84‑1232; 84‑1438.)
|
(725 ILCS 5/112A‑26) (from Ch. 38, par. 112A‑26)
Sec. 112A‑26.
Arrest without warrant.
(a) Any law enforcement officer may
make an arrest without
warrant if the officer has probable cause to believe that the person has
committed or is committing any crime, including but not limited to
violation of an order of protection, under Section 12‑30 of the Criminal
Code of 1961, even if the crime was not committed in the presence of the
officer.
(b) The law enforcement officer may verify the existence of an order of
protection by telephone or radio communication with his or her law enforcement
agency or by referring to the copy of the order provided by petitioner
or respondent.
(Source: P.A. 87‑1186.)
|
(725 ILCS 5/112A‑27) (from Ch. 38, par. 112A‑27)
Sec. 112A‑27.
Law enforcement policies.
Every law enforcement agency
shall develop, adopt, and implement written policies regarding arrest
procedures for domestic violence incidents consistent with the provisions
of this Article. In developing these policies, each law enforcement agency is
encouraged to consult with community organizations and other law
enforcement agencies with expertise in recognizing and handling domestic
violence incidents.
(Source: P.A. 87‑1186.)
|
(725 ILCS 5/112A‑28) (from Ch. 38, par. 112A‑28)
Sec. 112A‑28.
Data maintenance by law enforcement agencies.
(a) All sheriffs
shall furnish to the Department of State Police, daily, in the form and
detail the Department requires, copies of any recorded orders of protection
issued by the court, and any foreign orders of protection filed by the clerk
of the court,
and transmitted to the sheriff by the clerk of the court
pursuant to subsection (b) of Section 112A‑22 of this Act.
Each order of protection shall be entered in the Law Enforcement Automated
Data System on the same day it is issued by the court.
If an emergency order of protection was issued in accordance with
subsection (c) of Section 112A‑17, the order shall be entered
in the Law Enforcement Automated Data System as soon as possible after receipt
from
the clerk.
(b) The Department of State Police shall maintain a complete and systematic
record and index of all valid and recorded orders of protection issued or
filed pursuant
to this Act. The data shall be used to inform all dispatchers and law
enforcement
officers at the scene of an alleged incident of abuse
or violation of an
order of protection of any recorded prior incident of abuse
involving the
abused party and the effective dates and terms
of any recorded order of protection.
(c) The data, records and transmittals required under this Section shall
pertain to any valid emergency, interim or plenary order of protection,
whether issued in a civil or criminal proceeding
or authorized under the laws
of another state, tribe, or United States territory.
(Source: P.A. 90‑392, eff. 1‑1‑98; 91‑903, eff. 1‑1‑01.)
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(725 ILCS 5/112A‑29) (from Ch. 38, par. 112A‑29)
Sec. 112A‑29.
Reports by law enforcement officers.
(a) Every law enforcement
officer investigating an alleged incident of abuse
between family or household
members shall make a written police report of any bona fide allegation and
the disposition of such investigation. The police report shall include
the victim's statements as to the frequency and severity of prior incidents
of abuse by the same family or household
member and the number of prior
calls for police assistance to prevent such further abuse.
(b) Every police report completed pursuant to this Section shall be recorded
and compiled as a domestic crime within the meaning of Section 5.1 of the
Criminal Identification Act.
(Source: P.A. 87‑1186.)
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(725 ILCS 5/112A‑30) (from Ch. 38, par. 112A‑30)
Sec. 112A‑30.
Assistance by law enforcement officers.
(a) Whenever a law enforcement officer has reason to believe that a person
has been abused by a family or household member, the officer shall immediately
use all reasonable means to prevent further abuse, including:
(1) Arresting the abusing party, where appropriate;
(2) If there is probable cause to believe that | ||
|
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(3) Accompanying the victim of abuse to his or her | ||
|
||
(4) Offering the victim of abuse immediate and | ||
|
||
(5) Providing the victim with one referral to an | ||
|
||
(6) Advising the victim of abuse about seeking | ||
|
||
(7) Providing or arranging accessible transportation | ||
|
||
(b) Whenever a law enforcement officer does not exercise arrest powers
or otherwise initiate criminal proceedings, the officer shall:
(1) Make a police report of the investigation of any | ||
|
||
(2) Inform the victim of abuse of the victim's right | ||
|
||
(3) Advise the victim of the importance of seeking | ||
|
||
(c) Except as provided by Section 24‑6 of the Criminal Code of 1961 or
under a court order, any weapon seized under subsection (a)(2) shall be
returned forthwith to the person from whom it was seized when it is no longer
needed for evidentiary purposes.
(Source: P.A. 87‑1186; 88‑498.)
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(725 ILCS 5/112A‑31) (from Ch. 38, par. 112A‑31)
Sec. 112A‑31.
Limited law enforcement liability.
Any act of omission or
commission by any law enforcement officer acting in good faith in rendering
emergency assistance or otherwise enforcing this Article shall not impose civil
liability upon the law enforcement officer or his or her supervisor or
employer,
unless the act is a result of willful or wanton misconduct.
(Source: P.A. 87‑1186.)
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