Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Illinois Compiled Statutes

 ILCS Listing   Public Acts  Search   Guide   Disclaimer

Information maintained by the Legislative Reference Bureau
Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

725 ILCS 5/112A-23

    (725 ILCS 5/112A-23) (from Ch. 38, par. 112A-23)
    Sec. 112A-23. Enforcement of orders of protection.
    (a) When violation is crime. A violation of any order of protection, whether issued in a civil, quasi-criminal proceeding, shall be enforced by a criminal court when:
        (1) The respondent commits the crime of violation of
    
an order of protection pursuant to Section 12-3.4 or 12-30 of the Criminal Code of 1961 or the Criminal Code of 2012, by having knowingly violated:
            (i) remedies described in paragraphs (1), (2),
        
(3), (14), or (14.5) of subsection (b) of Section 112A-14,
            (ii) a remedy, which is substantially similar to
        
the remedies authorized under paragraphs (1), (2), (3), (14) or (14.5) of subsection (b) of Section 214 of the Illinois Domestic Violence Act of 1986, in a valid order of protection, which is authorized under the laws of another state, tribe or United States territory,
            (iii) or any other remedy when the act
        
constitutes a crime against the protected parties as defined by the Criminal Code of 1961 or the Criminal Code of 2012.
        Prosecution for a violation of an order of protection
    
shall not bar concurrent prosecution for any other crime, including any crime that may have been committed at the time of the violation of the order of protection; or
        (2) The respondent commits the crime of child
    
abduction pursuant to Section 10-5 of the Criminal Code of 1961 or the Criminal Code of 2012, by having knowingly violated:
            (i) remedies described in paragraphs (5), (6) or
        
(8) of subsection (b) of Section 112A-14, or
            (ii) a remedy, which is substantially similar to
        
the remedies authorized under paragraphs (1), (5), (6), or (8) of subsection (b) of Section 214 of the Illinois Domestic Violence Act of 1986, in a valid order of protection, which is authorized under the laws of another state, tribe or United States territory.
    (b) When violation is contempt of court. A violation of any valid order of protection, whether issued in a civil or criminal proceeding, may be enforced through civil or criminal contempt procedures, as appropriate, by any court with jurisdiction, regardless where the act or acts which violated the order of protection were committed, to the extent consistent with the venue provisions of this Article. Nothing in this Article shall preclude any Illinois court from enforcing any valid order of protection issued in another state. Illinois courts may enforce orders of protection through both criminal prosecution and contempt proceedings, unless the action which is second in time is barred by collateral estoppel or the constitutional prohibition against double jeopardy.
        (1) In a contempt proceeding where the petition for a
    
rule to show cause sets forth facts evidencing an immediate danger that the respondent will flee the jurisdiction, conceal a child, or inflict physical abuse on the petitioner or minor children or on dependent adults in petitioner's care, the court may order the attachment of the respondent without prior service of the rule to show cause or the petition for a rule to show cause. Bond shall be set unless specifically denied in writing.
        (2) A petition for a rule to show cause for violation
    
of an order of protection shall be treated as an expedited proceeding.
    (c) Violation of custody, allocation of parental responsibility, 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 607.5 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
    
112A-10.
        (2) By notice under Section 112A-11.
        (3) By service of an order of protection under
    
Section 112A-22.
        (4) By other means demonstrating actual knowledge of
    
the contents of the order.
    (e) The enforcement of an order of protection in civil or criminal court shall not be affected by either of the following:
        (1) The existence of a separate, correlative order
    
entered under Section 112A-15.
        (2) Any finding or order entered in a conjoined
    
criminal proceeding.
    (f) Circumstances. The court, when determining whether or not a violation of an order of protection has occurred, shall not require physical manifestations of abuse on the person of the victim.
    (g) Penalties.
        (1) Except as provided in paragraph (3) of this
    
subsection, where the court finds the commission of a crime or contempt of court under subsections (a) or (b) of this Section, the penalty shall be the penalty that generally applies in such criminal or contempt proceedings, and may include one or more of the following: incarceration, payment of restitution, a fine, payment of attorneys' fees and costs, or community service.
        (2) The court shall hear and take into account
    
evidence of any factors in aggravation or mitigation before deciding an appropriate penalty under paragraph (1) of this subsection.
        (3) To the extent permitted by law, the court is
    
encouraged to:
            (i) increase the penalty for the knowing
        
violation of any order of protection over any penalty previously imposed by any court for respondent's violation of any order of protection or penal statute involving petitioner as victim and respondent as defendant;
            (ii) impose a minimum penalty of 24 hours
        
imprisonment for respondent's first violation of any order of protection; and
            (iii) impose a minimum penalty of 48 hours
        
imprisonment for respondent's second or subsequent violation of an order of protection
    unless the court explicitly finds that an increased
    
penalty or that period of imprisonment would be manifestly unjust.
        (4) In addition to any other penalties imposed for a
    
violation of an order of protection, a criminal court may consider evidence of any violations of an order of protection:
            (i) to increase, revoke or modify the bail bond
        
on an underlying criminal charge pursuant to Section 110-6;
            (ii) to revoke or modify an order of probation,
        
conditional discharge or supervision, pursuant to Section 5-6-4 of the Unified Code of Corrections;
            (iii) to revoke or modify a sentence of periodic
        
imprisonment, pursuant to Section 5-7-2 of the Unified Code of Corrections.
(Source: P.A. 99-90, eff. 1-1-16.)