2005 Illinois 725 ILCS 5/      Code of Criminal Procedure of 1963. Article 112a - Domestic Violence: Order Of Protection


      (725 ILCS 5/Art. 112A heading)
ARTICLE 112A. DOMESTIC VIOLENCE: ORDER OF PROTECTION

    (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.)

    (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,
    
complaint, indictment or delinquency petition on file, and the alleged offender and victim are family or household members; and
        (ii) the petition, which is filed by the State's
    
Attorney, names a victim of the alleged crime as a petitioner.
    (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.)

    (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
    
employment or school;
        (ii) repeatedly telephoning petitioner's place of
    
employment, home or residence;
        (iii) repeatedly following petitioner about in a
    
public place or places;
        (iv) repeatedly keeping petitioner under
    
surveillance by remaining present outside his or her home, school, place of employment, vehicle or other place occupied by petitioner or by peering in petitioner's windows;
        (v) improperly concealing a minor child from
    
petitioner, repeatedly threatening to improperly remove a minor child of petitioner's from the jurisdiction or from the physical care of petitioner, repeatedly threatening to conceal a minor child from petitioner, or making a single such threat following an actual or attempted improper removal or concealment, unless respondent was fleeing from an incident or pattern of domestic violence; or
        (vi) threatening physical force, confinement or
    
restraint on one or more occasions.
    (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,
    
confinement or restraint;
        (ii) knowing, repeated and unnecessary sleep
    
deprivation; or
        (iii) knowing or reckless conduct which creates an
    
immediate risk of physical harm.
    (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.)

    (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
    
member;
        (ii) any minor child or dependent adult in the care
    
of such person; and
        (iii) any person residing or employed at a private
    
home or public shelter which is housing an abused family or household member.
    (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.)

    (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.)

    (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.)

    (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.)

    (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.)

    (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.)

    (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.)

    (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.)

    (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.)

    (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
    
harassment, interference with personal liberty, intimidation of a dependent, physical abuse or willful deprivation, as defined in this Article, if such abuse has occurred or otherwise appears likely to occur if not prohibited.
        (2) Grant of exclusive possession of residence.
    
Prohibit respondent from entering or remaining in any residence or household of the petitioner, including one owned or leased by respondent, if petitioner has a right to occupancy thereof. The grant of exclusive possession of the residence shall not affect title to real property, nor shall the court be limited by the standard set forth in Section 701 of the Illinois Marriage and Dissolution of Marriage Act.
            (A) Right to occupancy. A party has a right to
        
occupancy of a residence or household if it is solely or jointly owned or leased by that party, that party's spouse, a person with a legal duty to support that party or a minor child in that party's care, or by any person or entity other than the opposing party that authorizes that party's occupancy (e.g., a domestic violence shelter). Standards set forth in subparagraph (B) shall not preclude equitable relief.
            (B) Presumption of hardships. If petitioner and
        
respondent each has the right to occupancy of a residence or household, the court shall balance (i) the hardships to respondent and any minor child or dependent adult in respondent's care resulting from entry of this remedy with (ii) the hardships to petitioner and any minor child or dependent adult in petitioner's care resulting from continued exposure to the risk of abuse (should petitioner remain at the residence or household) or from loss of possession of the residence or household (should petitioner leave to avoid the risk of abuse). When determining the balance of hardships, the court shall also take into account the accessibility of the residence or household. Hardships need not be balanced if respondent does not have a right to occupancy.
            The balance of hardships is presumed to favor
        
possession by petitioner unless the presumption is rebutted by a preponderance of the evidence, showing that the hardships to respondent substantially outweigh the hardships to petitioner and any minor child or dependent adult in petitioner's care. The court, on the request of petitioner or on its own motion, may order respondent to provide suitable, accessible, alternate housing for petitioner instead of excluding respondent from a mutual residence or household.
        (3) Stay away order and additional prohibitions.
    
Order respondent to stay away from petitioner or any other person protected by the order of protection, or prohibit respondent from entering or remaining present at petitioner's school, place of employment, or other specified places at times when petitioner is present, or both, if reasonable, given the balance of hardships. Hardships need not be balanced for the court to enter a stay away order or prohibit entry if respondent has no right to enter the premises.
        If an order of protection grants petitioner
    
exclusive possession of the residence, or prohibits respondent from entering the residence, or orders respondent to stay away from petitioner or other protected persons, then the court may allow respondent access to the residence to remove items of clothing and personal adornment used exclusively by respondent, medications, and other items as the court directs. The right to access shall be exercised on only one occasion as the court directs and in the presence of an agreed‑upon adult third party or law enforcement officer.
        (4) Counseling. Require or recommend the respondent
    
to undergo counseling for a specified duration with a social worker, psychologist, clinical psychologist, psychiatrist, family service agency, alcohol or substance abuse program, mental health center guidance counselor, agency providing services to elders, program designed for domestic violence abusers or any other guidance service the court deems appropriate.
        (5) Physical care and possession of the minor child.
    
In order to protect the minor child from abuse, neglect, or unwarranted separation from the person who has been the minor child's primary caretaker, or to otherwise protect the well‑being of the minor child, the court may do either or both of the following: (i) grant petitioner physical care or possession of the minor child, or both, or (ii) order respondent to return a minor child to, or not remove a minor child from, the physical care of a parent or person in loco parentis.
        If a court finds, after a hearing, that respondent
    
has committed abuse (as defined in Section 112A‑3) of a minor child, there shall be a rebuttable presumption that awarding physical care to respondent would not be in the minor child's best interest.
        (6) Temporary legal custody. Award temporary legal
    
custody to petitioner in accordance with this Section, the Illinois Marriage and Dissolution of Marriage Act, the Illinois Parentage Act of 1984, and this State's Uniform Child‑Custody Jurisdiction and Enforcement Act.
        If a court finds, after a hearing, that respondent
    
has committed abuse (as defined in Section 112A‑3) of a minor child, there shall be a rebuttable presumption that awarding temporary legal custody to respondent would not be in the child's best interest.
        (7) Visitation. Determine the visitation rights, if
    
any, of respondent in any case in which the court awards physical care or temporary legal custody of a minor child to petitioner. The court shall restrict or deny respondent's visitation with a minor child if the court finds that respondent has done or is likely to do any of the following: (i) abuse or endanger the minor child during visitation; (ii) use the visitation as an opportunity to abuse or harass petitioner or petitioner's family or household members; (iii) improperly conceal or detain the minor child; or (iv) otherwise act in a manner that is not in the best interests of the minor child. The court shall not be limited by the standards set forth in Section 607.1 of the Illinois Marriage and Dissolution of Marriage Act. If the court grants visitation, the order shall specify dates and times for the visitation to take place or other specific parameters or conditions that are appropriate. No order for visitation shall refer merely to the term "reasonable visitation".
        Petitioner may deny respondent access to the minor
    
child if, when respondent arrives for visitation, respondent is under the influence of drugs or alcohol and constitutes a threat to the safety and well‑being of petitioner or petitioner's minor children or is behaving in a violent or abusive manner.
        If necessary to protect any member of petitioner's
    
family or household from future abuse, respondent shall be prohibited from coming to petitioner's residence to meet the minor child for visitation, and the parties shall submit to the court their recommendations for reasonable alternative arrangements for visitation. A person may be approved to supervise visitation only after filing an affidavit accepting that responsibility and acknowledging accountability to the court.
        (8) Removal or concealment of minor child. Prohibit
    
respondent from removing a minor child from the State or concealing the child within the State.
        (9) Order to appear. Order the respondent to appear
    
in court, alone or with a minor child, to prevent abuse, neglect, removal or concealment of the child, to return the child to the custody or care of the petitioner or to permit any court‑ordered interview or examination of the child or the respondent.
        (10) Possession of personal property. Grant
    
petitioner exclusive possession of personal property and, if respondent has possession or control, direct respondent to promptly make it available to petitioner, if:
            (i) petitioner, but not respondent, owns the
        
property; or
            (ii) the parties own the property jointly;
        
sharing it would risk abuse of petitioner by respondent or is impracticable; and the balance of hardships favors temporary possession by petitioner.
        If petitioner's sole claim to ownership of the
    
property is that it is marital property, the court may award petitioner temporary possession thereof under the standards of subparagraph (ii) of this paragraph only if a proper proceeding has been filed under the Illinois Marriage and Dissolution of Marriage Act, as now or hereafter amended.
        No order under this provision shall affect title to
    
property.
        (11) Protection of property. Forbid the respondent
    
from taking, transferring, encumbering, concealing, damaging or otherwise disposing of any real or personal property, except as explicitly authorized by the court, if:
            (i) petitioner, but not respondent, owns the
        
property; or
            (ii) the parties own the property jointly, and
        
the balance of hardships favors granting this remedy.
        If petitioner's sole claim to ownership of the
    
property is that it is marital property, the court may grant petitioner relief under subparagraph (ii) of this paragraph only if a proper proceeding has been filed under the Illinois Marriage and Dissolution of Marriage Act, as now or hereafter amended.
        The court may further prohibit respondent from
    
improperly using the financial or other resources of an aged member of the family or household for the profit or advantage of respondent or of any other person.
        (12) Order for payment of support. Order respondent
    
to pay temporary support for the petitioner or any child in the petitioner's care or custody, when the respondent has a legal obligation to support that person, in accordance with the Illinois Marriage and Dissolution of Marriage Act, which shall govern, among other matters, the amount of support, payment through the clerk and withholding of income to secure payment. An order for child support may be granted to a petitioner with lawful physical care or custody of a child, or an order or agreement for physical care or custody, prior to entry of an order for legal custody. Such a support order shall expire upon entry of a valid order granting legal custody to another, unless otherwise provided in the custody order.
        (13) Order for payment of losses. Order respondent
    
to pay petitioner for losses suffered as a direct result of the abuse. Such losses shall include, but not be limited to, medical expenses, lost earnings or other support, repair or replacement of property damaged or taken, reasonable attorney's fees, court costs and moving or other travel expenses, including additional reasonable expenses for temporary shelter and restaurant meals.
            (i) Losses affecting family needs. If a party
        
is entitled to seek maintenance, child support or property distribution from the other party under the Illinois Marriage and Dissolution of Marriage Act, as now or hereafter amended, the court may order respondent to reimburse petitioner's actual losses, to the extent that such reimbursement would be "appropriate temporary relief", as authorized by subsection (a)(3) of Section 501 of that Act.
            (ii) Recovery of expenses. In the case of an
        
improper concealment or removal of a minor child, the court may order respondent to pay the reasonable expenses incurred or to be incurred in the search for and recovery of the minor child, including but not limited to legal fees, court costs, private investigator fees, and travel costs.
        (14) Prohibition of entry. Prohibit the respondent
    
from entering or remaining in the residence or household while the respondent is under the influence of alcohol or drugs and constitutes a threat to the safety and well‑being of the petitioner or the petitioner's children.
        (14.5) Prohibition of firearm possession. (a) When
    
a complaint is made under a request for an order of protection, that the respondent has threatened or is likely to use firearms illegally against the petitioner, and the respondent is present in court, or has failed to appear after receiving actual notice, the court shall examine on oath the petitioner, and any witnesses who may be produced. If the court is satisfied that there is any danger of the illegal use of firearms, it shall include in the order of protection the requirement that any firearms in the possession of the respondent, except as provided in subsection (b), be turned over to the local law enforcement agency for safekeeping. If the respondent fails to appear, or refuses or fails to surrender his or her firearms, the court shall issue a warrant for seizure of any firearm in the possession of the respondent. The period of safekeeping shall be for a stated period of time not to exceed 2 years. The firearm or firearms shall be returned to the respondent at the end of the stated period or at expiration of the order of protection, whichever is sooner. (b) If the respondent is a peace officer as defined in Section 2‑13 of the Criminal Code of 1961, the court shall order that any firearms used by the respondent in the performance of his or her duties as a peace officer be surrendered to the chief law enforcement executive of the agency in which the respondent is employed, who shall retain the firearms for safekeeping for the stated period not to exceed 2 years as set forth in the court order.
        (15) Prohibition of access to records. If an order
    
of protection prohibits respondent from having contact with the minor child, or if petitioner's address is omitted under subsection (b) of Section 112A‑5, or if necessary to prevent abuse or wrongful removal or concealment of a minor child, the order shall deny respondent access to, and prohibit respondent from inspecting, obtaining, or attempting to inspect or obtain, school or any other records of the minor child who is in the care of petitioner.
        (16) Order for payment of shelter services. Order
    
respondent to reimburse a shelter providing temporary housing and counseling services to the petitioner for the cost of the services, as certified by the shelter and deemed reasonable by the court.
        (17) Order for injunctive relief. Enter injunctive
    
relief necessary or appropriate to prevent further abuse of a family or household member or to effectuate one of the granted remedies, if supported by the balance of hardships. If the harm to be prevented by the injunction is abuse or any other harm that one of the remedies listed in paragraphs (1) through (16) of this subsection is designed to prevent, no further evidence is necessary to establish that the harm is an irreparable injury.
    (c) Relevant factors; findings.
        (1) In determining whether to grant a specific
    
remedy, other than payment of support, the court shall consider relevant factors, including but not limited to the following:
            (i) the nature, frequency, severity, pattern and
        
consequences of the respondent's past abuse of the petitioner or any family or household member, including the concealment of his or her location in order to evade service of process or notice, and the likelihood of danger of future abuse to petitioner or any member of petitioner's or respondent's family or household; and
            (ii) the danger that any minor child will be
        
abused or neglected or improperly removed from the jurisdiction, improperly concealed within the State or improperly separated from the child's primary caretaker.
        (2) In comparing relative hardships resulting to the
    
parties from loss of possession of the family home, the court shall consider relevant factors, including but not limited to the following:
            (i) availability, accessibility, cost, safety,
        
adequacy, location and other characteristics of alternate housing for each party and any minor child or dependent adult in the party's care;
            (ii) the effect on the party's employment; and
            (iii) the effect on the relationship of the
        
party, and any minor child or dependent adult in the party's care, to family, school, church and community.
        (3) Subject to the exceptions set forth in paragraph
    
(4) of this subsection, the court shall make its findings in an official record or in writing, and shall at a minimum set forth the following:
            (i) That the court has considered the applicable
        
relevant factors described in paragraphs (1) and (2) of this subsection.
            (ii) Whether the conduct or actions of
        
respondent, unless prohibited, will likely cause irreparable harm or continued abuse.
            (iii) Whether it is necessary to grant the
        
requested relief in order to protect petitioner or other alleged abused persons.
        (4) For purposes of issuing an ex parte emergency
    
order of protection, the court, as an alternative to or as a supplement to making the findings described in paragraphs (c)(3)(i) through (c)(3)(iii) of this subsection, may use the following procedure:
        When a verified petition for an emergency order of
    
protection in accordance with the requirements of Sections 112A‑5 and 112A‑17 is presented to the court, the court shall examine petitioner on oath or affirmation. An emergency order of protection shall be issued by the court if it appears from the contents of the petition and the examination of petitioner that the averments are sufficient to indicate abuse by respondent and to support the granting of relief under the issuance of the emergency order of protection.
        (5) Never married parties. No rights or
    
responsibilities for a minor child born outside of marriage attach to a putative father until a father and child relationship has been established under the Illinois Parentage Act of 1984. Absent such an adjudication, no putative father shall be granted temporary custody of the minor child, visitation with the minor child, or physical care and possession of the minor child, nor shall an order of payment for support of the minor child be entered.
    (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,
    
unless that cause satisfies the standards for justifiable use of force provided by Article VII of the Criminal Code of 1961;
        (2) Respondent was voluntarily intoxicated;
        (3) Petitioner acted in self‑defense or defense of
    
another, provided that, if petitioner utilized force, such force was justifiable under Article VII of the Criminal Code of 1961;
        (4) Petitioner did not act in self‑defense or
    
defense of another;
        (5) Petitioner left the residence or household to
    
avoid further abuse by respondent;
        (6) Petitioner did not leave the residence or
    
household to avoid further abuse by respondent;
        (7) Conduct by any family or household member
    
excused the abuse by respondent, unless that same conduct would have excused such abuse if the parties had not been family or household members.
(Source: P.A. 93‑108, eff. 1‑1‑04.)

    (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.)

    (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.)

    (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
    
satisfied; and
        (3) There is good cause to grant the remedy,
    
regardless of prior service of process or of notice upon the respondent, because:
            (i) For the remedies of "prohibition of abuse"
        
described in Section 112A‑14(b)(1), "stay away order and additional prohibitions" described in Section 112A‑14(b)(3), "removal or concealment of minor child" described in Section 112A‑14(b)(8), "order to appear" described in Section 112A‑14(b)(9), "physical care and possession of the minor child" described in Section 112A‑14(b)(5), "protection of property" described in Section 112A‑14(b)(11), "prohibition of entry" described in Section 112A‑14(b)(14), "prohibition of access to records" described in Section 112A‑14(b)(15), and "injunctive relief" described in Section 112A‑14(b)(16), the harm which that remedy is intended to prevent would be likely to occur if the respondent were given any prior notice, or greater notice than was actually given, of the petitioner's efforts to obtain judicial relief;
            (ii) For the remedy of "grant of exclusive
        
possession of residence" described in Section 112A‑14(b)(2), the immediate danger of further abuse of petitioner by respondent, if petitioner chooses or had chosen to remain in the residence or household while respondent was given any prior notice or greater notice than was actually given of petitioner's efforts to obtain judicial relief, outweighs the hardships to respondent of an emergency order granting petitioner exclusive possession of the residence or household. This remedy shall not be denied because petitioner has or could obtain temporary shelter elsewhere while prior notice is given to respondent, unless the hardships to respondent from exclusion from the home substantially outweigh those to petitioner.
            (iii) For the remedy of "possession of personal
        
property" described in Section 112A‑14(b)(10), improper disposition of the personal property would be likely to occur if respondent were given any prior notice, or greater notice than was actually given, of petitioner's efforts to obtain judicial relief, or petitioner has an immediate and pressing need for possession of that property.
    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
    
the close of business, the petitioner may file a petition for a 21‑day emergency order before any available circuit judge or associate judge who may grant relief under this Article. If the judge finds that there is an immediate and present danger of abuse to petitioner and that petitioner has satisfied the prerequisites set forth in subsection (a) of Section 112A‑17, that judge may issue an emergency order of protection.
        (1.5) Issuance of order. The chief judge of the
    
circuit court may designate for each county in the circuit at least one judge to be reasonably available to issue orally, by telephone, by facsimile, or otherwise, an emergency order of protection at all times, whether or not the court is in session.
        (2) Certification and transfer. Any order issued
    
under this Section and any documentation in support thereof shall be certified on the next court day to the appropriate court. The clerk of that court shall immediately assign a case number, file the petition, order and other documents with the court and enter the order of record and file it with the sheriff for service, in accordance with Section 112A‑22. Filing the petition shall commence proceedings for further relief, under Section 112A‑2. Failure to comply with the requirements of this subsection shall not affect the validity of the order.
(Source: P.A. 90‑392, eff. 1‑1‑98.)

    (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
    
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; or the petitioner is diligently attempting to complete the required service of process.
    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.)

    (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.)

    (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
    
shall be effective for not less than 14 nor more than 21 days;
        (2) Interim orders shall be effective for up to 30
    
days.
    (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
    
disposition, withdrawal, or dismissal of the underlying charge; if, however, the case is continued as an independent cause of action, the order's duration may be for a fixed period of time not to exceed 2 years;
        (2) if in effect in conjunction with a bond
    
forfeiture warrant, until final disposition or an additional period of time not exceeding 2 years; no order of protection, however, shall be terminated by a dismissal that is accompanied by the issuance of a bond forfeiture warrant;
        (3) until expiration of any supervision, conditional
    
discharge, probation, periodic imprisonment, parole or mandatory supervised release and for an additional period of time thereafter not exceeding 2 years; or
        (4) until the date set by the court for expiration
    
of any sentence of imprisonment and subsequent parole or mandatory supervised release and for an additional period of time thereafter not exceeding 2 years.
    (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.)

    (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
    
detail and not by reference to any other document, so that respondent may clearly understand what he or she must do or refrain from doing. Pre‑printed form orders of protection shall include the definitions of the types of abuse, as provided in Section 112A‑3. Remedies set forth in pre‑printed form orders shall be numbered consistently with and corresponding to the numerical sequence of remedies listed in Section 112A‑14 (at least as of the date the form orders are printed).
        (2) The reason for denial of petitioner's request
    
for any remedy listed in Section 112A‑14.
    (b) An order of protection shall further state the following:
        (1) The name of each petitioner that the court finds
    
was abused by respondent, and that respondent is a member of the family or household of each such petitioner, and the name of each other person protected by the order and that such person is protected by this Act.
        (2) For any remedy requested by petitioner on which
    
the court has declined to rule, that that remedy is reserved.
        (3) The date and time the order of protection was
    
issued, whether it is an emergency, interim or plenary order and the duration of the order.
        (4) The date, time and place for any scheduled
    
hearing for extension of that order of protection or for another order of greater duration or scope.
        (5) For each remedy in an emergency order of
    
protection, the reason for entering that remedy without prior notice to respondent or greater notice than was actually given.
        (6) For emergency and interim orders of protection,
    
that respondent may petition the court, in accordance with Section 112A‑24, to re‑open that order if he or she did not receive actual prior notice of the hearing, in accordance with Section 112A‑11, and alleges that he or she had a meritorious defense to the order or that the order or any of its remedies was not authorized by this Article.
    (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.)

    (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.)

    (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
    
same manner as a judgment of the circuit court for any county of this State in accordance with the provisions of the Uniform Enforcement of Foreign Judgments Act, except that the clerk shall not mail notice of the filing of the foreign order to the respondent named in the order; and
        (2) on the same day that a foreign order of
    
protection is filed, file a certified copy of that order with the sheriff or other law enforcement officials charged with maintaining Department of State Police records as set forth in Section 112A‑22 of this Act.
    (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.)

    (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
    
protection was filed.
        (6) The court file number.
        (7) The hearing date and time, if known.
        (8) The conditions that apply to the respondent,
    
either in checklist form or handwritten.
        (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
    
report to the office of the sheriff or the office of the circuit court in (name of county) County to obtain a copy of the order of protection. You are subject to arrest and may be charged with a misdemeanor or felony if you violate any of the terms of the order of protection."
    (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.)

    (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
    
an order of protection pursuant to Section 12‑30 of the Criminal Code of 1961, by having knowingly violated:
            (i) remedies described in paragraphs (1), (2),
        
(3), (14), or (14.5) of subsection (b) of Section 112A‑14,
            (ii) a remedy, which is substantially similar to
        
the remedies authorized under paragraphs (1), (2), (3), (14) or (14.5) of subsection (b) of Section 214 of the Illinois Domestic Violence Act of 1986, in a valid order of protection, which is authorized under the laws of another state, tribe or United States territory,
            (iii) or any other remedy when the act
        
constitutes a crime against the protected parties as defined by the Criminal Code of 1961.
    Prosecution for a violation of an order of protection shall not bar concurrent prosecution for any other crime, including any crime that may have been committed at the time of the violation of the order of protection; or
        (2) The respondent commits the crime of child
    
abduction pursuant to Section 10‑5 of the Criminal Code of 1961, by having knowingly violated:
            (i) remedies described in paragraphs (5), (6) or
        
(8) of subsection (b) of Section 112A‑14, or
            (ii) a remedy, which is substantially similar to
        
the remedies authorized under paragraphs (1), (5), (6), or (8) of subsection (b) of Section 214 of the Illinois Domestic Violence Act of 1986, in a valid order of protection, which is authorized under the laws of another state, tribe or United States territory.
    (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
    
a rule to show cause sets forth facts evidencing an immediate danger that the respondent will flee the jurisdiction, conceal a child, or inflict physical abuse on the petitioner or minor children or on dependent adults in petitioner's care, the court may order the attachment of the respondent without prior service of the rule to show cause or the petition for a rule to show cause. Bond shall be set unless specifically denied in writing.
        (2) A petition for a rule to show cause for
    
violation of an order of protection shall be treated as an expedited proceeding.
    (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
    
112A‑10.
        (2) By notice under Section 112A‑11.
        (3) By service of an order of protection under
    
Section 112A‑22.
        (4) By other means demonstrating actual knowledge of
    
the contents of the order.
    (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
    
entered under Section 112A‑15.
        (2) Any finding or order entered in a conjoined
    
criminal proceeding.
    (f) Circumstances. The court, when determining whether or not a violation of an order of protection has occurred, shall not require physical manifestations of abuse on the person of the victim.
    (g) Penalties.
        (1) Except as provided in paragraph (3) of this
    
subsection, where the court finds the commission of a crime or contempt of court under subsections (a) or (b) of this Section, the penalty shall be the penalty that generally applies in such criminal or contempt proceedings, and may include one or more of the following: incarceration, payment of restitution, a fine, payment of attorneys' fees and costs, or community service.
        (2) The court shall hear and take into account
    
evidence of any factors in aggravation or mitigation before deciding an appropriate penalty under paragraph (1) of this subsection.
        (3) To the extent permitted by law, the court is
    
encouraged to:
            (i) increase the penalty for the knowing
        
violation of any order of protection over any penalty previously imposed by any court for respondent's violation of any order of protection or penal statute involving petitioner as victim and respondent as defendant;
            (ii) impose a minimum penalty of 24 hours
        
imprisonment for respondent's first violation of any order of protection; and
            (iii) impose a minimum penalty of 48 hours
        
imprisonment for respondent's second or subsequent violation of an order of protection
    unless the court explicitly finds that an increased
    
penalty or that period of imprisonment would be manifestly unjust.
        (4) In addition to any other penalties imposed for a
    
violation of an order of protection, a criminal court may consider evidence of any violations of an order of protection:
            (i) to increase, revoke or modify the bail bond
        
on an underlying criminal charge pursuant to Section 110‑6;
            (ii) to revoke or modify an order of probation,
        
conditional discharge or supervision, pursuant to Section 5‑6‑4 of the Unified Code of Corrections;
            (iii) to revoke or modify a sentence of periodic
        
imprisonment, pursuant to Section 5‑7‑2 of the Unified Code of Corrections.
(Source: P.A. 93‑359, eff. 1‑1‑04.)

    (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
    
hearing for that order, by adding or altering one or more remedies, as authorized by Section 112A‑14; and
        (2) Otherwise, by adding any remedy authorized by
    
Section 112A‑14 which was:
            (i) reserved in that order of protection;
            (ii) not requested for inclusion in that order
        
of protection; or
            (iii) denied on procedural grounds, but not on
        
the merits.
    (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
    
the initial hearing in which the emergency or interim order was entered, in accordance with Sections 112A‑11 and 112A‑17; and
        (2) that respondent had a meritorious defense to the
    
order or any of its remedies or that the order or any of its remedies was not authorized under this Article.
    (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.)

    (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.)

    (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.)

    (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
    
particular weapons were used to commit the incident of abuse, subject to constitutional limitations, seizing and taking inventory of the weapons;
        (3) Accompanying the victim of abuse to his or her
    
place of residence for a reasonable period of time to remove necessary personal belongings and possessions;
        (4) Offering the victim of abuse immediate and
    
adequate information (written in a language appropriate for the victim or in Braille or communicated in appropriate sign language), which shall include a summary of the procedures and relief available to victims of abuse under subsection (c) of Section 112A‑17 and the officer's name and badge number;
        (5) Providing the victim with one referral to an
    
accessible service agency;
        (6) Advising the victim of abuse about seeking
    
medical attention and preserving evidence (specifically including photographs of injury or damage and damaged clothing or other property); and
        (7) Providing or arranging accessible transportation
    
for the victim of abuse (and, at the victim's request, any minors or dependents in the victim's care) to a medical facility for treatment of injuries or to a nearby place of shelter or safety; or, after the close of court business hours, providing or arranging for transportation for the victim (and, at the victim's request, any minors or dependents in the victim's care) to the nearest available circuit judge or associate judge so the victim may file a petition for an emergency order of protection under subsection (c) of Section 112A‑17. When a victim of abuse chooses to leave the scene of the offense, it shall be presumed that it is in the best interests of any minors or dependents in the victim's care to remain with the victim or a person designated by the victim, rather than to remain with the abusing party.

    (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
    
bona fide allegation of an incident of abuse and the disposition of the investigation, in accordance with subsection (a) of Section 112A‑29;
        (2) Inform the victim of abuse of the victim's right
    
to request that a criminal proceeding be initiated where appropriate, including specific times and places for meeting with the State's Attorney's office, a warrant officer, or other official in accordance with local procedure; and
        (3) Advise the victim of the importance of seeking
    
medical attention and preserving evidence (specifically including photographs of injury or damage and damaged clothing or other property).
    (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.)

    (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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