There is a newer version of the Illinois Compiled Statutes
2010 Illinois Code
CHAPTER 725 CRIMINAL PROCEDURE
725 ILCS 5/ Code of Criminal Procedure of 1963.
Title IV - Proceedings To Commence Prosecution
(725 ILCS 5/111‑1) (from Ch. 38, par. 111‑1) Sec. 111‑1. Methods of prosecution. When authorized by law a prosecution may be commenced by: (a) A complaint; (b) An information; (c) An indictment. Upon commencement of a prosecution for a violation of Section 11‑501 of The Illinois Vehicle Code, or a similar provision of a local ordinance, or Section 9‑3 of the Criminal Code of 1961, as amended, relating to the offense of reckless homicide, the victims of these offenses shall have all the rights under this Section as they do in Section 4 of the Bill of Rights for Victims and Witnesses of Violent Crime Act. For the purposes of this Section "victim" shall mean an individual who has suffered personal injury as a result of the commission of a violation of Section 11‑501 of The Illinois Vehicle Code, or a similar provision of a local ordinance, or Section 9‑3 of the Criminal Code of 1961, as amended, relating to the offense of reckless homicide. In regard to a violation of Section 9‑3 of the Criminal Code of 1961, as amended, relating to the offense of reckless homicide, "victim" shall also include, but not be limited to, spouse, guardian, parent, or other family member. (Source: P.A. 84‑272.) |
(725 ILCS 5/111‑2) (from Ch. 38, par. 111‑2) Sec. 111‑2. Commencement of prosecutions. (a) All prosecutions of felonies shall be by information or by indictment. No prosecution may be pursued by information unless a preliminary hearing has been held or waived in accordance with Section 109‑3 and at that hearing probable cause to believe the defendant committed an offense was found, and the provisions of Section 109‑3.1 of this Code have been complied with. (b) All other prosecutions may be by indictment, information or complaint. (c) Upon the filing of an information or indictment in open court charging the defendant with the commission of a sex offense defined in any Section of Article 11 of the Criminal Code of 1961, as amended, and a minor as defined in Section 1‑3 of the Juvenile Court Act of 1987, as amended, is alleged to be the victim of the commission of the acts of the defendant in the commission of such offense, the court may appoint a guardian ad litem for the minor as provided in Section 2‑17, 3‑19, 4‑16 or 5‑610 of the Juvenile Court Act of 1987. (d) Upon the filing of an information or indictment in open court, the court shall immediately issue a warrant for the arrest of each person charged with an offense directed to a peace officer or some other person specifically named commanding him to arrest such person. (e) When the offense is bailable, the judge shall endorse on the warrant the amount of bail required by the order of the court, and if the court orders the process returnable forthwith, the warrant shall require that the accused be arrested and brought immediately into court. (f) Where the prosecution of a felony is by information or complaint after preliminary hearing, or after a waiver of preliminary hearing in accordance with paragraph (a) of this Section, such prosecution may be for all offenses, arising from the same transaction or conduct of a defendant even though the complaint or complaints filed at the preliminary hearing charged only one or some of the offenses arising from that transaction or conduct. (Source: P.A. 90‑590, eff. 1‑1‑99.) |
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(3) Setting forth the nature and elements of the | ||
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(4) Stating the date and county of the offense as | ||
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(5) Stating the name of the accused, if known, and if | ||
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(b) An indictment shall be signed by the foreman of the Grand Jury and an information shall be signed by the State's Attorney and sworn to by him or another. A complaint shall be sworn to and signed by the complainant; provided, that when a peace officer observes the commission of a misdemeanor and is the complaining witness, the signing of the complaint by the peace officer is sufficient to charge the defendant with the commission of the offense, and the complaint need not be sworn to if the officer signing the complaint certifies that the statements set forth in the complaint are true and correct and are subject to the penalties provided by law for false certification under Section 1‑109 of the Code of Civil Procedure and perjury under Section 32‑2 of the Criminal Code of 1961; and further provided , however, that when a citation is issued on a Uniform Traffic Ticket or Uniform Conservation Ticket (in a form prescribed by the Conference of Chief Circuit Judges and filed with the Supreme Court), the copy of such Uniform Ticket which is filed with the circuit court constitutes a complaint to which the defendant may plead, unless he specifically requests that a verified complaint be filed. (c) When the State seeks an enhanced sentence because of a prior conviction, the charge shall also state the intention to seek an enhanced sentence and shall state such prior conviction so as to give notice to the defendant. However, the fact of such prior conviction and the State's intention to seek an enhanced sentence are not elements of the offense and may not be disclosed to the jury during trial unless otherwise permitted by issues properly raised during such trial. For the purposes of this Section, "enhanced sentence" means a sentence which is increased by a prior conviction from one classification of offense to another higher level classification of offense set forth in Section 5‑4.5‑10 of the Unified Code of Corrections (730 ILCS 5/5‑4.5‑10); it does not include an increase in the sentence applied within the same level of classification of offense. (c‑5) Notwithstanding any other provision of law, in all cases in which the imposition of the death penalty is not a possibility, if an alleged fact (other than the fact of a prior conviction) is not an element of an offense but is sought to be used to increase the range of penalties for the offense beyond the statutory maximum that could otherwise be imposed for the offense, the alleged fact must be included in the charging instrument or otherwise provided to the defendant through a written notification before trial, submitted to a trier of fact as an aggravating factor, and proved beyond a reasonable doubt. Failure to prove the fact beyond a reasonable doubt is not a bar to a conviction for commission of the offense, but is a bar to increasing, based on that fact, the range of penalties for the offense beyond the statutory maximum that could otherwise be imposed for that offense. Nothing in this subsection (c‑5) requires the imposition of a sentence that increases the range of penalties for the offense beyond the statutory maximum that could otherwise be imposed for the offense if the imposition of that sentence is not required by law. (d) At any time prior to trial, the State on motion shall be permitted to amend the charge, whether brought by indictment, information or complaint, to make the charge comply with subsection (c) or (c‑5) of this Section. Nothing in Section 103‑5 of this Code precludes such an amendment or a written notification made in accordance with subsection (c‑5) of this Section. (e) The provisions of subsection (a) of Section 5‑4.5‑95 of the Unified Code of Corrections (730 ILCS 5/5‑4.5‑95) shall not be affected by this Section. (Source: P.A. 95‑1052, eff. 7‑1‑09; 96‑1206, eff. 1‑1‑11.) |
(725 ILCS 5/111‑5) (from Ch. 38, par. 111‑5) Sec. 111‑5. Formal defects in a charge. An indictment, information or complaint which charges the commission of an offense in accordance with Section 111‑‑3 of this Code shall not be dismissed and may be amended on motion by the State's Attorney or defendant at any time because of formal defects, including: (a) Any miswriting, misspelling or grammatical error; (b) Any misjoinder of the parties defendant; (c) Any misjoinder of the offense charged; (d) The presence of any unnecessary allegation; (e) The failure to negative any exception, any excuse or proviso contained in the statute defining the offense; or (f) The use of alternative or disjunctive allegations as to the acts, means, intents or results charged. (Source: Laws 1963, p. 2836.) |
(725 ILCS 5/111‑6) (from Ch. 38, par. 111‑6) Sec. 111‑6. Bill of particulars. When an indictment, information or complaint charges an offense in accordance with the provisions of Section 111‑3 of this Code but fails to specify the particulars of the offense sufficiently to enable the defendant to prepare his defense the court may, on written motion of the defendant, require the State's Attorney to furnish the defendant with a Bill of Particulars containing such particulars as may be necessary for the preparation of the defense. At the trial of the cause the State's evidence shall be confined to the particulars of the bill. (Source: Laws 1963, p. 2836.) |
(725 ILCS 5/111‑7) (from Ch. 38, par. 111‑7) Sec. 111‑7. Loss of charge. When an indictment, information or complaint which has been returned or presented to a court as authorized by law has become illegible or cannot be produced at the arraignment or trial the defendant may be arraigned and tried on a copy thereof certified by the clerk of the court. (Source: Laws 1963, p. 2836.) |
(725 ILCS 5/112‑1) (from Ch. 38, par. 112‑1) Sec. 112‑1. Selection and qualification. The grand jurors shall be summoned, drawn, qualified and certified according to law. (Source: Laws 1963, p. 2836.) |
(725 ILCS 5/112‑2) (from Ch. 38, par. 112‑2) Sec. 112‑2. Impaneling the Grand Jury. (a) The Grand Jury shall consist of 16 persons, 12 of whom shall be necessary to constitute a quorum. (b) The Grand Jury shall be impaneled, sworn and instructed as to its duties by the court. The court shall select and swear one of the grand jurors to serve as foreman. (c) Before the Grand Jury shall enter upon the discharge of their duties the following oath shall be administered to the jurors: "You and each of you do solemnly swear (or affirm, as the case may be), that you will diligently inquire into and true presentment make of all such matters and things as shall be given you in charge, or shall otherwise come to your knowledge, touching the present service; you shall present no person through malice, hatred or ill‑will; nor shall you leave any unpresented through fear, favor, affection, or for any fee or reward, or for any hope or promise thereof; but in all of your presentments, you shall present the truth, the whole truth, and nothing but the truth, according to the best of your skill and understanding; so help you God." (Source: P.A. 85‑690.) |
(725 ILCS 5/112‑3) (from Ch. 38, par. 112‑3) Sec. 112‑3. Duration of Grand Jury. (a) In counties with a population in excess of 1,000,000 a Grand Jury shall be convened, impaneled and sworn, and shall commence the performance of its duties for an indeterminate period, on the first Monday of each month. In such counties a Grand Jury shall serve until discharged by the court, except that no Grand Jury shall serve in excess of 18 months and not more than 6 Grand Juries shall sit at the same time. In counties with a population in excess of 225,000 but less than 1,000,000 a Grand Jury may be convened, empaneled, and sworn and may sit at such times and for such periods as the circuit court may order on its own motion or that of the State's Attorney. No Grand Jury shall serve in excess of 18 months and not more than 2 Grand Juries shall sit at the same time. (b) In all other counties the Grand Jury shall be called and sit at such times and for such periods as the circuit court may order on its own motion or that of the State's Attorney; provided, that no Grand Jury shall sit for a period in excess of 18 months and, provided further, that no more than one Grand Jury shall sit at the same time. (c) At any time for cause shown the court may excuse a grand juror either temporarily or permanently and, if permanently, may impanel another person in place of the grand juror excused. (Source: P.A. 88‑31.) |
(725 ILCS 5/112‑4) (from Ch. 38, par. 112‑4) Sec. 112‑4. Duties of Grand Jury and State's Attorney.) (a) The Grand Jury shall hear all evidence presented by the State's Attorney. (b) The Grand Jury has the right to subpoena and question any person against whom the State's Attorney is seeking a Bill of Indictment, or any other person, and to obtain and examine any documents or transcripts relevant to the matter being prosecuted by the State's Attorney. Prior to the commencement of its duties and, again, before the consideration of each matter or charge before the Grand Jury, the State's Attorney shall inform the Grand Jury of these rights. In cases where the initial charge has been commenced by information or complaint and a finding of no probable cause has resulted as to any offense charged therein, the Grand Jury shall be informed of the finding entered at the preliminary hearing and further advised that such finding shall not bar the State from initiating new charges by indictment, information or complaint if the State's Attorney has reasonable grounds to believe that the evidence available at that time is sufficient to establish probable cause. In such cases, the Grand Jury shall be further advised that it has the right to subpoena and question any witness who testified at the preliminary hearing, or who is believed to have knowledge of such offense, and of its right to obtain and examine the testimony heard at the preliminary hearing, either through the production of a transcript of the proceedings, or through the verbatim testimony of the court reporter who attended the preliminary hearing. The State's Attorney shall file an affidavit as part of the Grand Jury record indicating whether the jurors were advised of such previous findings of no probable cause and of their rights based upon such previous finding. Any person subpoenaed who is already charged with an offense or against whom the State's Attorney is seeking a Bill of Indictment shall have the right to be accompanied by counsel who shall advise him of his rights during the proceedings but may not participate in any other way. Before any testimony is given by such a person, he shall be informed that he has the right to refuse to answer any question that will tend to incriminate him, that anything he says may be used against him in a court of law, that he has the right to be accompanied and advised of his rights by counsel, and that he will have counsel appointed for him if he cannot afford one. (c) The foreman shall preside over all hearings and swear all witnesses. Except where otherwise provided by this Article, the foreman may delegate duties to other grand jurors and determine rules of procedure. (d) If 9 grand jurors concur that the evidence before them constitutes probable cause that a person has committed an offense the State's Attorney shall prepare a Bill of Indictment charging that person with such offense. The foreman shall sign each Bill of Indictment which shall be returned in open court. (e) When the evidence presented to the Grand Jury does not warrant the return of a Bill of Indictment, the State's Attorney may prepare a written memorandum to such effect, entitled, "No Bill". (Source: P.A. 85‑690.) |
(725 ILCS 5/112‑4.1) (from Ch. 38, par. 112‑4.1) Sec. 112‑4.1. Any person appearing before the grand jury shall have the right to be accompanied by counsel who shall advise him of his rights but shall not participate in any other way. (Source: P.A. 81‑1112.) |
(725 ILCS 5/112‑5) (from Ch. 38, par. 112‑5) Sec. 112‑5. Duties of others. (a) The clerk of the court shall keep such records of Bills of Indictments and No Bills as may be prescribed by Rule of the Supreme Court. (b) The court may appoint an investigator or investigators on petition showing good cause for same and signed by the foreman and 8 other grand jurors. The duties and tenure of appointment of such investigator or investigators shall be determined by the court. (Source: P.A. 85‑690.) |
(725 ILCS 5/112‑6) (from Ch. 38, par. 112‑6) Sec. 112‑6. Secrecy of proceedings.) (a) Only the State's Attorney, his reporter and any other person authorized by the court or by law may attend the sessions of the Grand Jury. Only the grand jurors shall be present during the deliberations and vote of the Grand Jury. If no reporter is assigned by the State's Attorney to attend the sessions of the Grand Jury, the court shall appoint such reporter. (b) Matters other than the deliberations and vote of any grand juror shall not be disclosed by the State's Attorney, except as otherwise provided for in subsection (c). The court may direct that a Bill of Indictment be kept secret until the defendant is in custody or has given bail and in either event the clerk shall seal the Bill of Indictment and no person shall disclose the finding of the Bill of Indictment except when necessary for the issuance and execution of a warrant. (c) (1) Disclosure otherwise prohibited by this Section of matters occurring before the Grand Jury, other than its deliberations and the vote of any grand juror, may be made to: a. a State's Attorney for use in the performance of such State's Attorney's duty; and b. such government personnel as are deemed necessary by the State's Attorney in the performance of such State's Attorney's duty to enforce State criminal law. (2) Any person to whom matters are disclosed under paragraph (1) of this subsection (c) shall not use the Grand Jury material for any purpose other than assisting the State's Attorney in the performance of such State's Attorney's duty to enforce State criminal law. The State's Attorney shall promptly provide the court, before which was impaneled the Grand Jury whose material has been disclosed, with the names of the persons to whom such disclosure has been made. (3) Disclosure otherwise prohibited by this Section of matters occurring before the Grand Jury may also be made when the court, preliminary to or in connection with a judicial proceeding, directs such in the interests of justice or when a law so directs. (d) Any grand juror or officer of the court who discloses, other than to his attorney, matters occurring before the Grand Jury other than in accordance with the provisions of this subsection or Section 112‑7 shall be punished as a contempt of court, subject to proceedings in accordance to law. (Source: P.A. 85‑690.) |
(725 ILCS 5/112‑7) (from Ch. 38, par. 112‑7) Sec. 112‑7. A transcript shall be made of all questions asked of and answers given by witnesses before the grand jury. (Source: P.A. 79‑669.) |
(725 ILCS 5/112‑8) Sec. 112‑8. Destroyed instrument. When an instrument that is the subject of an indictment has been destroyed or withheld by the act or procurement of the defendant, and the fact of the destruction or withholding is alleged in the indictment and established on trial, the accused shall not be acquitted on account of any misdescription of the instrument so withheld or destroyed. (Source: P.A. 89‑234, eff. 1‑1‑96.) |
(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, | ||
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(ii) the petition, which is filed by the State's | ||
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(b) Withdrawal or dismissal of any petition for an order of protection prior to adjudication where the petitioner is represented by the state shall operate as a dismissal without prejudice. (c) Voluntary dismissal or withdrawal of any delinquency petition or criminal prosecution or a finding of not guilty shall not require dismissal of the action for the order of protection; instead, in the discretion of the State's Attorney, it may be treated as an independent action and, if necessary and appropriate, transferred to a different court or division. Dismissal of any delinquency petition or criminal prosecution shall not affect the validity of any previously issued order of protection, and thereafter subsection (b) of Section 112A‑20 shall be inapplicable to that order. (Source: P.A. 90‑590, eff. 1‑1‑99.) |
(725 ILCS 5/112A‑3) (from Ch. 38, par. 112A‑3) Sec. 112A‑3. Definitions. For the purposes of this Article, the following terms shall have the following meanings: (1) "Abuse" means physical abuse, harassment, intimidation of a dependent, interference with personal liberty or willful deprivation but does not include reasonable direction of a minor child by a parent or person in loco parentis. (2) "Domestic violence" means abuse as described in paragraph (1). (3) "Family or household members" include spouses, former spouses, parents, children, stepchildren and other persons related by blood or by present or prior marriage, persons who share or formerly shared a common dwelling, persons who have or allegedly have a child in common, persons who share or allegedly share a blood relationship through a child, persons who have or have had a dating or engagement relationship, persons with disabilities and their personal assistants, and caregivers as defined in paragraph (3) of subsection (b) of Section 12‑21 of the Criminal Code of 1961. For purposes of this paragraph, neither a casual acquaintanceship nor ordinary fraternization between 2 individuals in business or social contexts shall be deemed to constitute a dating relationship. (4) "Harassment" means knowing conduct which is not necessary to accomplish a purpose which is reasonable under the circumstances; would cause a reasonable person emotional distress; and does cause emotional distress to the petitioner. Unless the presumption is rebutted by a preponderance of the evidence, the following types of conduct shall be presumed to cause emotional distress: (i) creating a disturbance at petitioner's place of | ||
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(ii) repeatedly telephoning petitioner's place of | ||
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(iii) repeatedly following petitioner about in a | ||
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(iv) repeatedly keeping petitioner under | ||
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(v) improperly concealing a minor child from | ||
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(vi) threatening physical force, confinement or | ||
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(5) "Interference with personal liberty" means committing or threatening physical abuse, harassment, intimidation or willful deprivation so as to compel another to engage in conduct from which she or he has a right to abstain or to refrain from conduct in which she or he has a right to engage. (6) "Intimidation of a dependent" means subjecting a person who is dependent because of age, health or disability to participation in or the witnessing of: physical force against another or physical confinement or restraint of another which constitutes physical abuse as defined in this Article, regardless of whether the abused person is a family or household member. (7) "Order of protection" means an emergency order, interim order or plenary order, granted pursuant to this Article, which includes any or all of the remedies authorized by Section 112A‑14 of this Code. (8) "Petitioner" may mean not only any named petitioner for the order of protection and any named victim of abuse on whose behalf the petition is brought, but also any other person protected by this Article. (9) "Physical abuse" includes sexual abuse and means any of the following: (i) knowing or reckless use of physical force, | ||
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(ii) knowing, repeated and unnecessary sleep | ||
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(iii) knowing or reckless conduct which creates an | ||
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(9.5) "Stay away" means for the respondent to refrain from both physical presence and nonphysical contact with the petitioner whether direct, indirect (including, but not limited to, telephone calls, mail, email, faxes, and written notes), or through third parties who may or may not know about the order of protection. (10) "Willful deprivation" means wilfully denying a person who because of age, health or disability requires medication, medical care, shelter, accessible shelter or services, food, therapeutic device, or other physical assistance, and thereby exposing that person to the risk of physical, mental or emotional harm, except with regard to medical care and treatment when such dependent person has expressed the intent to forgo such medical care or treatment. This paragraph does not create any new affirmative duty to provide support to dependent persons. (Source: P.A. 92‑253, eff. 1‑1‑02; 93‑811, eff. 1‑1‑05.) |
(725 ILCS 5/112A‑4) (from Ch. 38, par. 112A‑4) Sec. 112A‑4. Persons protected by this article. (a) The following persons are protected by this Article: (i) any person abused by a family or household | ||
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(ii) any minor child or dependent adult in the care | ||
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(iii) any person residing or employed at a private | ||
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(b) A petition for an order of protection may be filed only by a person who has been abused by a family or household member or by any person on behalf of a minor child or an adult who has been abused by a family or household member and who, because of age, health, disability, or inaccessibility, cannot file the petition. However, any petition properly filed under this Article may seek protection for any additional persons protected by this Article. (Source: P.A. 87‑1186.) |
(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.) |
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(2) Grant of exclusive possession of residence. | ||
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(A) Right to occupancy. A party has a right to | ||
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(B) Presumption of hardships. If petitioner and | ||
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The balance of hardships is presumed to favor | ||
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(3) Stay away order and additional prohibitions. | ||
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If an order of protection grants petitioner exclusive | ||
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(4) Counseling. Require or recommend the respondent | ||
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(5) Physical care and possession of the minor child. | ||
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If a court finds, after a hearing, that respondent | ||
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(6) Temporary legal custody. Award temporary legal | ||
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If a court finds, after a hearing, that respondent | ||
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(7) Visitation. Determine the visitation rights, if | ||
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Petitioner may deny respondent access to the minor | ||
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If necessary to protect any member of petitioner's | ||
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(8) Removal or concealment of minor child. Prohibit | ||
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(9) Order to appear. Order the respondent to appear | ||
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(10) Possession of personal property. Grant | ||
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(i) petitioner, but not respondent, owns the | ||
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(ii) the parties own the property jointly; | ||
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If petitioner's sole claim to ownership of the | ||
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No order under this provision shall affect title to | ||
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(11) Protection of property. Forbid the respondent | ||
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(i) petitioner, but not respondent, owns the | ||
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(ii) the parties own the property jointly, and | ||
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If petitioner's sole claim to ownership of the | ||
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The court may further prohibit respondent from | ||
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(11.5) Protection of animals. Grant the petitioner | ||
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(12) Order for payment of support. Order respondent | ||
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(13) Order for payment of losses. Order respondent to | ||
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(i) Losses affecting family needs. If a party is | ||
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(ii) Recovery of expenses. In the case of an | ||
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(14) Prohibition of entry. Prohibit the respondent | ||
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(14.5) Prohibition of firearm possession. (a) When a complaint is made under a request for | ||
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(b) If the respondent is a peace officer as | ||
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(c) Upon expiration of the period of | ||
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(15) Prohibition of access to records. If an order | ||
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(16) Order for payment of shelter services. Order | ||
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(17) Order for injunctive relief. Enter injunctive | ||
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(c) Relevant factors; findings. (1) In determining whether to grant a specific | ||
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(i) the nature, frequency, severity, pattern and | ||
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(ii) the danger that any minor child will be | ||
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(2) In comparing relative hardships resulting to the | ||
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(i) availability, accessibility, cost, safety, | ||
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(ii) the effect on the party's employment; and (iii) the effect on the relationship of the | ||
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(3) Subject to the exceptions set forth in paragraph | ||
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(i) That the court has considered the applicable | ||
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(ii) Whether the conduct or actions of | ||
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(iii) Whether it is necessary to grant the | ||
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(4) For purposes of issuing an ex parte emergency | ||
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When a verified petition for an emergency order of | ||
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(5) Never married parties. No rights or | ||
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(d) Balance of hardships; findings. If the court finds that the balance of hardships does not support the granting of a remedy governed by paragraph (2), (3), (10), (11), or (16) of subsection (b) of this Section, which may require such balancing, the court's findings shall so indicate and shall include a finding as to whether granting the remedy will result in hardship to respondent that would substantially outweigh the hardship to petitioner from denial of the remedy. The findings shall be an official record or in writing. (e) Denial of remedies. Denial of any remedy shall not be based, in whole or in part, on evidence that: (1) Respondent has cause for any use of force, unless | ||
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(2) Respondent was voluntarily intoxicated; (3) Petitioner acted in self‑defense or defense of | ||
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(4) Petitioner did not act in self‑defense or defense | ||
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(5) Petitioner left the residence or household to | ||
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(6) Petitioner did not leave the residence or | ||
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(7) Conduct by any family or household member excused | ||
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(Source: P.A. 95‑234, eff. 1‑1‑08; 95‑773, eff. 1‑1‑09; 96‑701, eff. 1‑1‑10; 96‑1239, eff. 1‑1‑11.) |
(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 | ||
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(3) There is good cause to grant the remedy, | ||
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(i) For the remedies of "prohibition of abuse" | ||
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(ii) For the remedy of "grant of exclusive | ||
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(iii) For the remedy of "possession of personal | ||
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An emergency order may not include the counseling, legal custody, payment of support or monetary compensation remedies. (b) Appearance by respondent. If respondent appears in court for this hearing for an emergency order, he or she may elect to file a general appearance and testify. Any resulting order may be an emergency order, governed by this Section. Notwithstanding the requirements of this Section, if all requirements of Section 112A‑18 have been met, the Court may issue a 30‑day interim order. (c) Emergency orders: court holidays and evenings. (1) Prerequisites. When the court is unavailable at | ||
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(1.5) Issuance of order. The chief judge of the | ||
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(2) Certification and transfer. Any order issued | ||
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(Source: P.A. 90‑392, eff. 1‑1‑98.) |
(725 ILCS 5/112A‑18) (from Ch. 38, par. 112A‑18) Sec. 112A‑18. 30‑Day interim order of protection. (a) Prerequisites. An interim order of protection shall issue if petitioner has served notice of the hearing for that order on respondent, in accordance with Section 112A‑11, and satisfies the requirements of this subsection for one or more of the requested remedies. For each remedy requested, petitioner shall establish that: (1) The court has jurisdiction under Section 112A‑9; (2) The requirements of Section 112A‑14 are | ||
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(3) A general appearance was made or filed by or for | ||
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An interim order may not include the counseling, payment of support or monetary compensation remedies, unless the respondent has filed a general appearance or has been personally served. (b) Appearance by respondent. If respondent appears in court for this hearing for an interim order, he or she may elect to file a general appearance and testify. Any resulting order may be an interim order, governed by this Section. Notwithstanding the requirements of this Section, if all requirements of Section 112A‑19 have been met, the Court may issue a plenary order of protection. (Source: P.A. 87‑1186.) |
(725 ILCS 5/112A‑19) (from Ch. 38, par. 112A‑19) Sec. 112A‑19. Plenary Order of Protection. A plenary order of protection shall issue if petitioner has served notice of the hearing for that order on respondent, in accordance with Section 112A‑11, and satisfies the requirements of this Section for one or more of the requested remedies. For each remedy requested, petitioner must establish that: (1) The court has jurisdiction under Section 112A‑9; (2) The requirements of Section 112A‑14 are satisfied; and (3) A general appearance was made or filed by or for respondent or process was served on respondent in the manner required by Section 112A‑10; and (4) Respondent has answered or is in default. (Source: P.A. 84‑1305.) |
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(2) Interim orders shall be effective for up to 30 | ||
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(b) Duration of plenary orders. Except as otherwise provided in this Section, a plenary order of protection shall be valid for a fixed period of time not to exceed 2 years. A plenary order of protection entered in conjunction with a criminal prosecution shall remain in effect as follows: (1) if entered during pre‑trial release, until | ||
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(2) if in effect in conjunction with a bond | ||
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(3) until expiration of any supervision, conditional | ||
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(4) until the date set by the court for expiration | ||
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(c) Computation of time. The duration of an order of protection shall not be reduced by the duration of any prior order of protection. (d) Law enforcement records. When a plenary order of protection expires upon the occurrence of a specified event, rather than upon a specified date as provided in subsection (b), no expiration date shall be entered in Department of State Police records. To remove the plenary order from those records, either party shall request the clerk of the court to file a certified copy of an order stating that the specified event has occurred or that the plenary order has been vacated or modified with the sheriff, and the sheriff shall direct that law enforcement records shall be promptly corrected in accordance with the filed order. (e) Extension of Orders. Any emergency, interim or plenary order of protection may be extended one or more times, as required, provided that the requirements of Section 112A‑17, 112A‑18 or 112A‑19, as appropriate, are satisfied. If the motion for extension is uncontested and petitioner seeks no modification of the order, the order may be extended on the basis of petitioner's motion or affidavit stating that there has been no material change in relevant circumstances since entry of the order and stating the reason for the requested extension. An extension of a plenary order of protection may be granted, upon good cause shown, to remain in effect until the order of protection is vacated or modified. 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. 95‑886, eff. 1‑1‑09.) |
(725 ILCS 5/112A‑21) (from Ch. 38, par. 112A‑21) Sec. 112A‑21. Contents of orders. (a) Any order of protection shall describe, in reasonable detail and not by reference to any other document, the following: (1) Each remedy granted by the court, in reasonable | ||
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(2) The reason for denial of petitioner's request | ||
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(b) An order of protection shall further state the following: (1) The name of each petitioner that the court finds | ||
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(2) For any remedy requested by petitioner on which | ||
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(3) The date and time the order of protection was | ||
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(4) The date, time and place for any scheduled | ||
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(5) For each remedy in an emergency order of | ||
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(6) For emergency and interim orders of protection, | ||
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(c) Any order of protection shall include the following notice, printed in conspicuous type: "Any knowing violation of an order of protection forbidding physical abuse, harassment, intimidation, interference with personal liberty, willful deprivation, or entering or remaining present at specified places when the protected person is present, or granting exclusive possession of the residence or household, or granting a stay away order is a Class A misdemeanor. Grant of exclusive possession of the residence or household shall constitute notice forbidding trespass to land. Any knowing violation of an order awarding legal custody or physical care of a child or prohibiting removal or concealment of a child may be a Class 4 felony. Any willful violation of any order is contempt of court. Any violation may result in fine or imprisonment." (d) An emergency order of protection shall state, "This Order of Protection is enforceable, even without registration, in all 50 states, the District of Columbia, tribal lands, and the U.S. territories pursuant to the Violence Against Women Act (18 U.S.C. 2265). Violating this Order of Protection may subject the respondent to federal charges and punishment (18 U.S.C. 2261‑2262)." (e) An interim or plenary order of protection shall state, "This Order of Protection is enforceable, even without registration, in all 50 states, the District of Columbia, tribal lands, and the U.S. territories pursuant to the Violence Against Women Act (18 U.S.C. 2265). Violating this Order of Protection may subject the respondent to federal charges and punishment (18 U.S.C. 2261‑2262). The respondent may be subject to federal criminal penalties for possessing, transporting, shipping, or receiving any firearm or ammunition under the Gun Control Act (18 U.S.C. 922(g)(8) and (9))." (Source: P.A. 93‑944, eff. 1‑1‑05.) |
(725 ILCS 5/112A‑22.5) Sec. 112A‑22.5. Filing of an order of protection issued in another state. (a) A person entitled to protection under an order of protection issued by the court of another state, tribe, or United States territory may file a certified copy of the order of protection with the clerk of the court in a judicial circuit in which the person believes that enforcement may be necessary. (b) The clerk shall: (1) treat the foreign order of protection in the | ||
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(2) on the same day that a foreign order of | ||
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(c) Neither residence in this State nor filing of a foreign order of protection shall be required for enforcement of the order by this State. Failure to file the foreign order shall not be an impediment to its treatment in all respects as an Illinois order of protection. (d) The clerk shall not charge a fee to file a foreign order of protection under this Section. (e) The sheriff shall inform the Department of State Police as set forth in Section 112A‑28 of this Act. (Source: P.A. 91‑903, eff. 1‑1‑01.) |
(725 ILCS 5/112A‑22.10) Sec. 112A‑22.10. Short form notification. (a) Instead of personal service of an order of protection under Section 112A‑22, a sheriff, other law enforcement official, or special process server may serve a respondent with a short form notification. The short form notification must include the following items: (1) The respondent's name. (2) The respondent's date of birth, if known. (3) The petitioner's name. (4) The names of other protected parties. (5) The date and county in which the order of | ||
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(6) The court file number. (7) The hearing date and time, if known. (8) The conditions that apply to the respondent, | ||
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(9) The name of the judge who signed the order. (b) The short form notification must contain the following notice in bold print: "The order of protection is now enforceable. You must | ||
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(c) Upon verification of the identity of the respondent and the existence of an unserved order of protection against the respondent, a sheriff or other law enforcement official may detain the respondent for a reasonable time necessary to complete and serve the short form notification. (d) When service is made by short form notification under this Section, it may be proved by the affidavit of the sheriff, other law enforcement official, or special process server making the service. (e) The Attorney General shall provide adequate copies of the short form notification form to law enforcement agencies in this State. (Source: P.A. 92‑162, eff. 1‑1‑02.) |
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(i) remedies described in paragraphs (1), (2), | ||
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(ii) a remedy, which is substantially similar to | ||
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(iii) or any other remedy when the act | ||
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Prosecution for a violation of an order of protection shall not bar concurrent prosecution for any other crime, including any crime that may have been committed at the time of the violation of the order of protection; or (2) The respondent commits the crime of child | ||
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(i) remedies described in paragraphs (5), (6) or | ||
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(ii) a remedy, which is substantially similar to | ||
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(b) When violation is contempt of court. A violation of any valid order of protection, whether issued in a civil or criminal proceeding, may be enforced through civil or criminal contempt procedures, as appropriate, by any court with jurisdiction, regardless where the act or acts which violated the order of protection were committed, to the extent consistent with the venue provisions of this Article. Nothing in this Article shall preclude any Illinois court from enforcing any valid order of protection issued in another state. Illinois courts may enforce orders of protection through both criminal prosecution and contempt proceedings, unless the action which is second in time is barred by collateral estoppel or the constitutional prohibition against double jeopardy. (1) In a contempt proceeding where the petition for | ||
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(2) A petition for a rule to show cause for | ||
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(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 Parts 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 | ||
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(2) By notice under Section 112A‑11. (3) By service of an order of protection under | ||
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(4) By other means demonstrating actual knowledge of | ||
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(e) The enforcement of an order of protection in civil or criminal court shall not be affected by either of the following: (1) The existence of a separate, correlative order | ||
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(2) Any finding or order entered in a conjoined | ||
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(f) Circumstances. The court, when determining whether or not a violation of an order of protection has occurred, shall not require physical manifestations of abuse on the person of the victim. (g) Penalties. (1) Except as provided in paragraph (3) of this | ||
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(2) The court shall hear and take into account | ||
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(3) To the extent permitted by law, the court is | ||
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(i) increase the penalty for the knowing | ||
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(ii) impose a minimum penalty of 24 hours | ||
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(iii) impose a minimum penalty of 48 hours | ||
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unless the court explicitly finds that an increased | ||
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(4) In addition to any other penalties imposed for a | ||
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(i) to increase, revoke or modify the bail bond | ||
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(ii) to revoke or modify an order of probation, | ||
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(iii) to revoke or modify a sentence of periodic | ||
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(Source: P.A. 95‑331, eff. 8‑21‑07.) |
(725 ILCS 5/112A‑24) (from Ch. 38, par. 112A‑24) Sec. 112A‑24. Modification and re‑opening of orders. (a) Except as otherwise provided in this Section, upon motion by petitioner, the court may modify an emergency, interim, or plenary order of protection: (1) If respondent has abused petitioner since the | ||
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(2) Otherwise, by adding any remedy authorized by | ||
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(i) reserved in that order of protection; (ii) not requested for inclusion in that order | ||
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(iii) denied on procedural grounds, but not on | ||
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(b) Upon motion by petitioner or respondent, the court may modify any prior order of protection's remedy for custody, visitation or payment of support in accordance with the relevant provisions of the Illinois Marriage and Dissolution of Marriage Act. (c) After 30 days following the entry of a plenary order of protection, a court may modify that order only when changes in the applicable law or facts since that plenary order was entered warrant a modification of its terms. (d) Upon 2 days notice to petitioner, in accordance with Section 112A‑11, or such shorter notice as the court may prescribe, a respondent subject to an emergency or interim order of protection issued under this Article may appear and petition the court to re‑hear the original or amended petition. Any petition to re‑hear shall be verified and shall allege the following: (1) that respondent did not receive prior notice of | ||
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(2) that respondent had a meritorious defense to the | ||
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(e) If the emergency or interim order granted petitioner exclusive possession of the residence and the petition of respondent seeks to re‑open or vacate that grant, the court shall set a date for hearing within 14 days on all issues relating to exclusive possession. Under no circumstances shall a court continue a hearing concerning exclusive possession beyond the 14th day except by agreement of the parties. Other issues raised by the pleadings may be consolidated for the hearing if neither party nor the court objects. (f) This Section does not limit the means, otherwise available by law, for vacating or modifying orders of protection. (Source: P.A. 87‑1186.) |
(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‑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 | ||
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(3) Accompanying the victim of abuse to his or her | ||
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(4) Offering the victim of abuse immediate and | ||
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(5) Providing the victim with one referral to an | ||
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(6) Advising the victim of abuse about seeking | ||
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(7) Providing or arranging accessible transportation | ||
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(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 | ||
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(2) Inform the victim of abuse of the victim's right | ||
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(3) Advise the victim of the importance of seeking | ||
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(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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