2005 Illinois Code - 740 ILCS 22/ Civil No Contact Order Act. Article II - Civil No Contact Orders
(740 ILCS 22/Art. II heading)
ARTICLE II
CIVIL NO CONTACT ORDERS
(740 ILCS 22/201)
Sec. 201.
Persons protected by this Act.
A petition for a civil no contact order may be filed:
(1) by any person who is a victim of non‑consensual |
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sexual conduct or non‑consensual sexual penetration, including a single incident of non‑consensual sexual conduct or non‑consensual sexual penetration; or
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(2) by a person on behalf of a minor child or an
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adult who is a victim of non‑consensual sexual conduct or non‑consensual sexual penetration but, because of age, disability, health, or inaccessibility, cannot file the petition.
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(Source: P.A. 93‑236, eff. 1‑1‑04.)
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(740 ILCS 22/202)
Sec. 202. Commencement of action; filing fees.
(a) An action for a civil no contact order is commenced:
(1) independently, by filing a petition for a civil |
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no contact order in any civil court, unless specific courts are designated by local rule or order; or
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(2) in conjunction with a delinquency petition or a
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criminal prosecution, by filing a petition for a civil no contact order under the same case number as the delinquency petition or 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 victim is a person protected by this Act, and (ii) the petition, which is filed by the State's Attorney, names a victim of the alleged crime as a petitioner.
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(b) Withdrawal or dismissal of any petition for a
civil no contact order
prior to adjudication where the petitioner is represented by the State shall
operate as a dismissal without prejudice. No action for a civil no contact
order shall be dismissed because the respondent is being prosecuted for a crime
against the petitioner. For any action commenced under item (2) of subsection
(a) of
this Section, dismissal of the conjoined case (or a finding of not guilty)
shall not require dismissal of the action for a civil no contact order;
instead, it may be treated as an independent action and, if necessary and
appropriate, transferred to a different court or division.
(c) No fee shall be
charged by the clerk of the court for filing petitions or modifying or
certifying orders. No
fee
shall be charged by the sheriff for service by the sheriff of a
petition, rule, motion, or order in an action commenced under this
Section.
(d) The court shall provide, through the office
of the clerk of the court, simplified forms for filing of a petition under this Section by any
person not represented by counsel.
(Source: P.A. 93‑236, eff. 1‑1‑04; 93‑811, eff. 1‑1‑05.)
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(740 ILCS 22/203)
Sec. 203.
Pleading; non‑disclosure of address.
(a) A petition for a civil no contact order shall be in writing and
verified or accompanied by affidavit and shall allege that the petitioner
has been the victim of non‑consensual sexual conduct or non‑consensual
sexual penetration by the respondent.
(b) If the petition states that disclosure of the petitioner's address
would risk abuse of the petitioner or any member of the petitioner's family
or
household,
that address may be omitted from all documents filed
with the court. If
the petitioner has not disclosed an address under this subsection,
the petitioner shall designate an alternative address at which the respondent
may serve notice of any motions.
(Source: P.A. 93‑236, eff. 1‑1‑04.)
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(740 ILCS 22/204)
Sec. 204.
Application of rules of civil procedure; rape crisis
advocates.
(a) Any proceeding to obtain, modify, reopen or appeal a civil no
contact order 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. The Code of Civil Procedure and Supreme
Court
and local court rules applicable to civil proceedings shall apply, except as
otherwise provided by this Act.
(b) In circuit courts, rape crisis
advocates shall be allowed to accompany the victim and confer with the
victim, unless otherwise directed by the court. Court administrators shall
allow rape crisis advocates to
assist victims of non‑consensual sexual conduct or non‑consensual sexual
penetration in the preparation of petitions for
civil no contact orders. Rape crisis advocates are not engaged in the
unauthorized
practice of law when providing assistance of the types specified in this
subsection (b). Communications between the petitioner and a rape crisis
advocate are protected by the confidentiality of statements made to rape crisis
personnel as provided for in Section 8‑802.1 of the Code of Civil Procedure.
(Source: P.A. 93‑236, eff. 1‑1‑04.)
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(740 ILCS 22/204.3)
Sec. 204.3. Appointment of counsel. The court may appoint counsel to represent the petitioner if the respondent is represented by counsel.
(Source: P.A. 93‑811, eff. 1‑1‑05.)
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(740 ILCS 22/204.5)
Sec. 204.5.
Trial by jury.
There shall be no right to trial by jury in any
proceeding to
obtain, modify, vacate or extend any civil no contact order under this Act.
However, nothing in this Section shall deny any existing right to trial by jury
in a criminal proceeding.
(Source: P.A. 93‑236, eff. 1‑1‑04.)
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(740 ILCS 22/205)
Sec. 205.
Subject matter jurisdiction.
Each of the circuit courts
has the power to issue civil no contact orders.
(Source: P.A. 93‑236, eff. 1‑1‑04.)
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(740 ILCS 22/206)
Sec. 206.
Jurisdiction over persons.
The courts of this State have
jurisdiction to bind (1) State residents
and (2) 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.
(Source: P.A. 93‑236, eff. 1‑1‑04.)
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(740 ILCS 22/207)
Sec. 207.
Venue.
A petition for a civil no contact order may be
filed in
any county where (1) the petitioner resides, (2) the respondent resides, or (3)
the alleged non‑consensual sexual conduct or non‑consensual sexual
penetration occurred.
(Source: P.A. 93‑236, eff. 1‑1‑04.)
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(740 ILCS 22/208)
Sec. 208.
Process.
(a) Any action for a civil no contact order requires that a separate
summons be issued and
served. The summons shall be in the form prescribed by Supreme Court
Rule
101(d), except that it shall require the respondent to answer or appear
within 7 days. Attachments to the summons or notice shall include the
petition for civil no contact order and supporting affidavits, if any, and
any emergency civil no contact order that has been issued.
(b) 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.
(c) Service of process on a member of the respondent's household or
by publication shall be adequate if: (1) the petitioner
has made all reasonable efforts to accomplish actual service of process
personally upon the respondent, but the respondent cannot be found to effect
such service; and (2) the petitioner files an affidavit or presents sworn
testimony as to those efforts.
(d) A plenary civil no contact order may be entered by
default for the remedy sought in the petition, if the respondent has been
served or given notice in accordance with
subsection (a) and if the respondent then fails to appear as directed or
fails to appear on any subsequent appearance or hearing date agreed
to by the parties or set by the court.
(Source: P.A. 93‑236, eff. 1‑1‑04.)
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(740 ILCS 22/209)
Sec. 209.
Service of notice of hearings.
Except as provided in
Section 208, notice of hearings on petitions or motions shall
be served in accordance with Supreme Court Rules 11 and 12, unless
notice is excused by Section 214 of this Act or by the Code of Civil
Procedure, Supreme Court Rules, or local rules.
(Source: P.A. 93‑236, eff. 1‑1‑04.)
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(740 ILCS 22/210)
Sec. 210.
Hearings.
A petition for a civil no contact order shall be
treated as an expedited proceeding, and no court may transfer or otherwise
decline
to decide all or part of such petition. Nothing in this Section shall prevent
the court from reserving issues if jurisdiction or notice requirements are not
met.
(Source: P.A. 93‑236, eff. 1‑1‑04.)
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(740 ILCS 22/211)
Sec. 211.
Continuances.
(a) Petitions for emergency
remedies shall be granted or denied in accordance with the standards of
Section 214, regardless of the respondent's appearance or presence in court.
(b) Any action for a civil no contact order is an expedited proceeding.
Continuances shall be
granted only for good cause shown and kept to the minimum reasonable
duration, taking into account the reasons for the continuance.
(Source: P.A. 93‑236, eff. 1‑1‑04.)
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(740 ILCS 22/212)
Sec. 212.
Hearsay exception.
(a) In proceedings for a no contact order and prosecutions for violating a
no‑contact order,
the prior
sexual activity or the reputation of the petitioner is inadmissible except:
(1) as evidence concerning the past sexual conduct |
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of the petitioner with the respondent when this evidence is offered by the respondent upon the issue of whether the petitioner consented to the sexual conduct with respect to which the offense is alleged; or
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(2) when constitutionally required to
be admitted.
(b) No evidence admissible under this Section may be introduced
unless ruled admissible by the trial judge after an offer of proof has
been made at a hearing held in camera to determine
whether the respondent has evidence to impeach the witness in the event
that prior sexual activity with the respondent is denied. The offer of
proof shall include reasonably specific information as to the date, time,
and place of the past sexual conduct between the petitioner and the
respondent. Unless the court finds that reasonably specific information
as to date, time, or place, or some combination thereof, has been offered
as to prior sexual activity with the respondent, counsel for the
respondent shall be ordered to refrain from inquiring into prior sexual
activity between the petitioner and the respondent. The court may not
admit evidence under this Section unless it determines at the hearing
that the evidence is relevant and the probative value of the evidence
outweighs the danger of unfair prejudice. The evidence shall be
admissible at trial to the extent an order made by the court specifies
the evidence that may be admitted and areas with respect to which the
petitioner may be examined or cross examined.
(Source: P.A. 93‑236, eff. 1‑1‑04.)
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(740 ILCS 22/213)
Sec. 213. Civil no contact order; remedies.
(a) If the court finds that the petitioner has been a victim of
non‑consensual sexual conduct or non‑consensual sexual penetration, a civil no
contact order shall issue; provided that the petitioner must also satisfy the
requirements of Section
214 on emergency orders or Section 215 on plenary orders. The petitioner
shall not be denied a civil no contact order because the petitioner or the
respondent is a minor. The court, when
determining whether or not to issue a civil no contact order, may not
require physical injury on the person of the victim.
Modification and extension of prior civil no contact orders shall be in
accordance with this Act.
(b) A civil no contact order shall order
one or more of the following:
(1) order the respondent to stay away from the
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(2) other injunctive relief necessary or appropriate.
(c) Denial of a remedy may not be based, in whole or in part, on
evidence that:
(1) the respondent has cause for any use of force,
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unless that cause satisfies the standards for justifiable use of force provided by Article VII of the Criminal Code of 1961;
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(2) the respondent was voluntarily intoxicated;
(3) the petitioner acted in self‑defense or defense
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of another, provided that, if the petitioner utilized force, such force was justifiable under Article VII of the Criminal Code of 1961;
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(4) the petitioner did not act in self‑defense or
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(5) the petitioner left the residence or household
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to avoid further non‑consensual sexual conduct or non‑consensual sexual penetration by the respondent; or
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(6) the petitioner did not leave the residence or
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household to avoid further non‑consensual sexual conduct or non‑consensual sexual penetration by the respondent.
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(d) Monetary damages are not recoverable as a remedy.
(Source: P.A. 93‑236, eff. 1‑1‑04; 93‑811, eff. 1‑1‑05; 94‑360, eff. 1‑1‑06.)
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(740 ILCS 22/213.5)
Sec. 213.5.
Accountability for actions of others.
For the purposes of
issuing a civil no contact order, 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. 93‑236, eff. 1‑1‑04.)
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(740 ILCS 22/214)
Sec. 214. Emergency civil no contact order.
(a) An emergency civil no contact order shall issue if
the petitioner satisfies the requirements of this subsection (a). The
petitioner
shall establish that:
(1) the court has jurisdiction under Section 206;
(2) the requirements of Section 213 are satisfied;
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(3) there is good cause to grant the remedy,
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regardless of prior service of process or of notice upon the respondent, because 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.
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An emergency civil no contact order shall be issued by
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the court if it appears from the contents of the petition and the examination of the petitioner that the averments are sufficient to indicate nonconsensual sexual conduct or nonconsensual sexual penetration by the respondent and to support the granting of relief under the issuance of the civil no contact order.
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An emergency civil no contact order shall be issued if
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the court finds that subsections (1), (2), and (3) above are met.
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(b) If the 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 215 have been met, the
court may issue a plenary order.
(c) Emergency orders; court holidays and evenings.
(1) When the court is unavailable at the close of
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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 Act. If the judge finds that there is an immediate and present danger of abuse against the petitioner and that the petitioner has satisfied the prerequisites set forth in subsection (a), that judge may issue an emergency civil no contact order.
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(2) The chief judge of the circuit court may
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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 civil no contact order at all times, whether or not the court is in session.
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(3) Any order issued under this Section and any
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documentation in support of the order 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 222. Filing the petition shall commence proceedings for further relief under Section 202. Failure to comply with the requirements of this paragraph (3) does not affect the validity of the order.
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(Source: P.A. 93‑236, eff. 1‑1‑04; 93‑811, eff. 1‑1‑05; 94‑360, eff. 1‑1‑06.)
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(740 ILCS 22/215)
Sec. 215.
Plenary civil no contact order.
A plenary civil no contact
order shall issue if the petitioner has served notice of the hearing
for that order on the respondent, in accordance with Section 209, and
satisfies the requirements of this Section. The petitioner must
establish that:
(1) the court has jurisdiction under Section 206;
(2) the requirements of Section 213 are satisfied;
(3) a general appearance was made or filed by or for |
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the respondent or process was served on the respondent in the manner required by Section 208; and
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(4) the respondent has answered or is in default.
(Source: P.A. 93‑236, eff. 1‑1‑04.)
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(740 ILCS 22/216)
Sec. 216. Duration and extension of orders.
(a) Unless re‑opened or
extended or voided by entry of an order of greater duration, an emergency
order shall be effective for not less than 14 nor more than 21 days.
(b) Except as otherwise provided in
this Section, a plenary civil no contact order shall be effective for a fixed
period of time, not to exceed 2 years. A plenary civil no contact order
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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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;
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(2) if in effect in conjunction with a bond
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forfeiture warrant, until final disposition or an additional period of time not exceeding 2 years; no civil no contact order, however, shall be terminated by a dismissal that is accompanied by the issuance of a bond forfeiture warrant;
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(3) until expiration of any supervision, conditional
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discharge, probation, periodic imprisonment, parole, or mandatory supervised release and for an additional period of time thereafter not exceeding 2 years; or
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(4) until the date set by the court for expiration
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of any sentence of imprisonment and subsequent parole or mandatory supervised release and for an additional period of time thereafter not exceeding 2 years.
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(c) Any emergency or plenary order
may be extended one or more times, as required, provided that the
requirements of Section 214 or 215, as appropriate, are satisfied.
If the motion for extension is uncontested and the petitioner seeks no
modification of the order, the order may be extended on the basis of
the 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 subsection (c) of Section
214, which applies only when the court is unavailable at the close of
business or on a court holiday.
(d) Any civil no contact order which would expire
on a court holiday shall instead expire at the close of the next court
business day.
(e) The practice of dismissing or suspending
a criminal prosecution in exchange for the issuance of a civil no contact
order undermines the purposes of this Act. This Section shall not
be construed as encouraging that practice.
(Source: P.A. 93‑236, eff. 1‑1‑04; 94‑360, eff. 1‑1‑06.)
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(740 ILCS 22/217)
Sec. 217. Contents of orders.
(a) Any civil no contact order shall describe each remedy granted by
the court, in reasonable detail and
not by reference to any other document, so that the respondent may
clearly understand what he or she must do or refrain from doing.
(b) A civil no contact order shall further state the following:
(1) The name of each petitioner that the court finds |
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was the victim of non‑consensual sexual conduct or non‑consensual sexual penetration by the respondent.
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(2) The date and time the civil no contact order was
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issued, whether it is an emergency or plenary order, and the duration of the order.
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(3) The date, time, and place for any scheduled
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hearing for extension of that civil no contact order or for another order of greater duration or scope.
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(4) For each remedy in an emergency civil no contact
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order, the reason for entering that remedy without prior notice to the respondent or greater notice than was actually given.
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(5) For emergency civil no contact orders, that the
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respondent may petition the court, in accordance with Section 218.5, to reopen the order if he or she did not receive actual prior notice of the hearing as required under Section 209 of this Act and if the respondent alleges that he or she had a meritorious defense to the order or that the order or its remedy is not authorized by this Act.
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(c) A civil no contact order shall include the following notice,
printed in conspicuous type: "Any knowing violation of a civil no contact
order is a Class A misdemeanor. Any second or subsequent violation is a
Class 4 felony."
(Source: P.A. 93‑236, eff. 1‑1‑04; 93‑811, eff. 1‑1‑05.)
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(740 ILCS 22/218)
Sec. 218. Notice of orders.
(a) Upon issuance of any civil no contact order, the clerk shall
immediately, or on the next court day if an emergency order is issued in
accordance with subsection (c) of Section 214:
(1) enter the order on the record and file it in |
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accordance with the circuit court procedures; and
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(2) provide a file stamped copy of the order to the
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respondent, if present, and to the petitioner.
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(b) The clerk of the issuing judge shall, or the petitioner may, on the
same day that a civil no contact order is issued, file a certified 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 the respondent. If the order was issued in accordance with
subsection (c) of Section 214, 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) Unless the 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 the respondent and file proof of such
service in the manner provided for service of process in civil proceedings. If
process has not yet been served upon the respondent, it shall be served with
the order or short form notification.
(d) If the person against whom the civil no contact order is issued is
arrested and the written order is issued in accordance with subsection (c) of
Section 214 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 civil no contact order or receipt of the order issued under
Section 214 of this Act.
(e) Any order extending, modifying, or revoking any civil no contact
order shall be promptly recorded, issued, and served as provided in this
Section.
(f) Upon the request of the
petitioner, within 24 hours of the issuance of a civil no contact order, the
clerk of the issuing judge shall
send written notice of the order along with
a certified copy of the order to any school, college, or university at which
the
petitioner is enrolled.
(Source: P.A. 93‑236, eff. 1‑1‑04; 93‑811, eff. 1‑1‑05.)
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(740 ILCS 22/218.5)
Sec. 218.5. Modification; reopening of orders.
(a) Except as otherwise provided in this Section, upon motion by the petitioner, the court may modify an emergency or plenary civil no contact order by altering the remedy, subject to Section 213.
(b) After 30 days following entry of a plenary civil no contact order, a court may modify that order only when a change in the applicable law or facts since that plenary order was entered warrants a modification of its terms.
(c) Upon 2 days' notice to the petitioner, or such shorter notice as the court may prescribe, a respondent subject to an emergency civil no contact order issued under this Act may appear and petition the court to rehear the original or amended petition. Any petition to rehear shall be verified and shall allege the following:
(1) that the respondent did not receive prior notice |
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of the initial hearing in which the emergency order was entered under Sections 209 and 214; and
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(2) that the respondent had a meritorious defense to
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the order or any of its remedies or that the order or any of its remedies was not authorized by this Act.
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(Source: P.A. 93‑811, eff. 1‑1‑05.)
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(740 ILCS 22/219)
Sec. 219.
Violation.
A knowing violation of a civil no contact order is a
Class A misdemeanor. A second or subsequent violation is a Class 4 felony.
(Source: P.A. 93‑236, eff. 1‑1‑04.)
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