Illinois Compiled Statutes
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725 ILCS 5/112A-3
(725 ILCS 5/112A-3)
(from Ch. 38, par. 112A-3)
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 subsection (e) of Section 12-4.4a of the Criminal Code of 2012.
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
(ii) repeatedly telephoning petitioner's place of
employment, home or residence;
(iii) repeatedly following petitioner about in a
(iv) repeatedly keeping petitioner under surveillance
by remaining present outside his or her home, school, place of employment, vehicle or other place occupied by petitioner or by peering in petitioner's windows;
(v) improperly concealing a minor child from
petitioner, repeatedly threatening to improperly remove a minor child of petitioner's from the jurisdiction or from the physical care of petitioner, repeatedly threatening to conceal a minor child from petitioner, or making a single such threat following an actual or attempted improper removal or concealment, unless respondent was fleeing from an incident or pattern of domestic violence; or
(vi) threatening physical force, confinement or
restraint on one or more occasions.
(5) "Interference with personal liberty" means committing or threatening
physical abuse, harassment, intimidation or willful deprivation so as to
compel another to engage in conduct from which she or he has a right to
abstain or to refrain from conduct
in which she or he has a right to engage.
(6) "Intimidation of a dependent" means subjecting a person who is
dependent because of age, health or disability to participation in or the
witnessing of: physical force against another or physical confinement or
restraint of another which constitutes physical abuse as defined in this
Article, regardless of whether the abused person is a family or household member.
(7) "Order of protection" means an emergency order, interim order or
plenary order, granted pursuant to this Article, which includes any or all
of the remedies authorized by Section 112A-14 of this Code.
(8) "Petitioner" may mean not only any named petitioner for the order of
protection and any named victim of abuse on whose behalf the petition
is brought, but also any other person protected by this Article.
(9) "Physical abuse" includes sexual abuse and means any of the following:
(i) knowing or reckless use of physical force,
confinement or restraint;
(ii) knowing, repeated and unnecessary sleep
(iii) knowing or reckless conduct which creates an
immediate risk of physical harm.
(9.5) "Stay away" means for the respondent to refrain from both physical presence and nonphysical contact with the petitioner whether direct, indirect (including, but not limited to, telephone calls, mail, email, faxes, and written notes), or through third parties who may or may not know about the order of protection.
(10) "Willful deprivation" means wilfully denying a person who because of
age, health or disability requires medication, medical care, shelter,
accessible shelter or services, food, therapeutic device, or other physical
assistance, and thereby exposing that person to the risk of physical, mental or
emotional harm, except with regard to medical care and treatment when such
dependent person has expressed the intent to forgo such medical care or
treatment. This paragraph does not create any new affirmative duty to provide
support to dependent persons.
(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)