(725 ILCS 5/112A-3) (from Ch. 38, par. 112A-3)
Sec. 112A-3. Definitions. (a) In this Article: "Advocate" means a person whose communications with the victim are privileged under Section 8-802.1 or 8-802.2 of the Code of Civil Procedure or Section 227 of the Illinois Domestic Violence Act of 1986. "Named victim" means the person named as the victim in the delinquency petition or criminal prosecution. "Protective order" means a domestic violence order of protection, a civil no contact order, or a stalking no contact order.
(b) For the purposes of domestic violence cases, the following terms shall have the following meanings in this Article: (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.
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(2) "Domestic violence" means abuse as described in
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| paragraph (1) of this subsection (b).
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(3) "Family or household members" include spouses,
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| 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 (3), neither a casual acquaintanceship nor ordinary fraternization between 2 individuals in business or social contexts shall be deemed to constitute a dating relationship.
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(4) "Harassment" means knowing conduct which is not
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| 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:
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(i) creating a disturbance at petitioner's place
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(ii) repeatedly telephoning petitioner's place of
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| employment, home or residence;
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(iii) repeatedly following petitioner about in a
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(iv) repeatedly keeping petitioner under
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| 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;
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(v) improperly concealing a minor child from
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| 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
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(vi) threatening physical force, confinement or
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| restraint on one or more occasions.
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(5) "Interference with personal liberty" means
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| 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.
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(6) "Intimidation of a dependent" means subjecting a
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| 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.
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(7) "Order of protection" or "domestic violence order
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| of protection" means an ex parte or final order, granted pursuant to this Article, which includes any or all of the remedies authorized by Section 112A-14 of this Code.
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(8) "Petitioner" may mean not only any named
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| petitioner for the domestic violence 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.
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(9) "Physical abuse" includes sexual abuse and means
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(i) knowing or reckless use of physical force,
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| confinement or restraint;
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(ii) knowing, repeated and unnecessary sleep
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(iii) knowing or reckless conduct which creates
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| an immediate risk of physical harm.
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(9.3) "Respondent" in a petition for a domestic
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| violence order of protection means the defendant.
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(9.5) "Stay away" means for the respondent to refrain
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| 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 domestic violence order of protection.
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(10) "Willful deprivation" means wilfully denying a
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| 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 (10) does not create any new affirmative duty to provide support to dependent persons.
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(c) For the purposes of cases involving sexual offenses, the following terms shall have the following meanings in this Article:
(1) "Civil no contact order" means an ex parte or
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| final order granted under this Article, which includes a remedy authorized by Section 112A-14.5 of this Code.
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(2) "Family or household members" include spouses,
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| parents, children, stepchildren, and persons who share a common dwelling.
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(3) "Non-consensual" means a lack of freely given
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(4) "Petitioner" means not only any named petitioner
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| for the civil no contact order and any named victim of non-consensual sexual conduct or non-consensual sexual penetration on whose behalf the petition is brought, but includes any other person sought to be protected under this Article.
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(5) "Respondent" in a petition for a civil no
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| contact order means the defendant.
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(6) "Sexual conduct" means any intentional or
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| knowing touching or fondling by the petitioner or the respondent, either directly or through clothing, of the sex organs, anus, or breast of the petitioner or the respondent, or any part of the body of a child under 13 years of age, or any transfer or transmission of semen by the respondent upon any part of the clothed or unclothed body of the petitioner, for the purpose of sexual gratification or arousal of the petitioner or the respondent.
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(7) "Sexual penetration" means any contact, however
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| slight, between the sex organ or anus of one person by an object, the sex organ, mouth or anus of another person, or any intrusion, however slight, of any part of the body of one person or of any animal or object into the sex organ or anus of another person, including, but not limited to, cunnilingus, fellatio, or anal penetration. Evidence of emission of semen is not required to prove sexual penetration.
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(8) "Stay away" means to refrain from both physical
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| presence and nonphysical contact with the petitioner directly, indirectly, or through third parties who may or may not know of the order. "Nonphysical contact" includes, but is not limited to, telephone calls, mail, e-mail, fax, and written notes.
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(d) For the purposes of cases involving stalking offenses, the following terms shall have the following meanings in this Article:
(1) "Course of conduct" means 2 or more acts,
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| including, but not limited to, acts in which a respondent directly, indirectly, or through third parties, by any action, method, device, or means follows, monitors, observes, surveils, threatens, or communicates to or about, a person, engages in other contact, or interferes with or damages a person's property or pet. A course of conduct may include contact via electronic communications. The incarceration of a person in a penal institution who commits the course of conduct is not a bar to prosecution.
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(2) "Emotional distress" means significant mental
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| suffering, anxiety, or alarm.
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(3) "Contact" includes any contact with the victim,
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| that is initiated or continued without the victim's consent, or that is in disregard of the victim's expressed desire that the contact be avoided or discontinued, including, but not limited to, being in the physical presence of the victim; appearing within the sight of the victim; approaching or confronting the victim in a public place or on private property; appearing at the workplace or residence of the victim; entering onto or remaining on property owned, leased, or occupied by the victim; or placing an object on, or delivering an object to, property owned, leased, or occupied by the victim.
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(4) "Petitioner" means any named petitioner for the
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| stalking no contact order or any named victim of stalking on whose behalf the petition is brought.
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(5) "Reasonable person" means a person in the
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| petitioner's circumstances with the petitioner's knowledge of the respondent and the respondent's prior acts.
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(6) "Respondent" in a petition for a civil no
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| contact order means the defendant.
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(7) "Stalking" means engaging in a course of conduct
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| directed at a specific person, and he or she knows or should know that this course of conduct would cause a reasonable person to fear for his or her safety or the safety of a third person or suffer emotional distress. "Stalking" does not include an exercise of the right to free speech or assembly that is otherwise lawful or picketing occurring at the workplace that is otherwise lawful and arises out of a bona fide labor dispute, including any controversy concerning wages, salaries, hours, working conditions or benefits, including health and welfare, sick leave, insurance, and pension or retirement provisions, the making or maintaining of collective bargaining agreements, and the terms to be included in those agreements.
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(8) "Stalking no contact order" means an ex parte or
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| final order granted under this Article, which includes a remedy authorized by Section 112A-14.7 of this Code.
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(Source: P.A. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18.)
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(725 ILCS 5/112A-4.5) Sec. 112A-4.5. Who may file petition. (a) A petition for a domestic violence order of protection may be filed: (1) by a named victim who has been abused by a family |
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(2) by any person or by the State's Attorney on
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| behalf of a named victim who is 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;
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(3) by a State's Attorney on behalf of any minor
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| child or dependent adult in the care of the named victim, if the named victim does not file a petition or request the State's Attorney file the petition; or
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(4) any of the following persons if the person is
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| abused by a family or household member of a child:
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(i) a foster parent of that child if the child
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| has been placed in the foster parent's home by the Department of Children and Family Services or by another state's public child welfare agency;
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(ii) a legally appointed guardian or legally
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| appointed custodian of that child;
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(iii) an adoptive parent of that child;
(iv) a prospective adoptive parent of that child
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| if the child has been placed in the prospective adoptive parent's home pursuant to the Adoption Act or pursuant to another state's law.
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For purposes of this paragraph (a)(4), individuals who would have been considered "family or household members" of the child under paragraph (3) of subsection (b) of Section 112A-3 before a termination of the parental rights with respect to the child continue to meet the definition of "family or household members" of the child.
(b) A petition for a civil no contact order may be filed:
(1) by any person who is a named victim of
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| non-consensual sexual conduct or non-consensual sexual penetration, including a single incident of non-consensual sexual conduct or non-consensual sexual penetration;
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(2) by a person or by the State's Attorney on behalf
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| of a named victim who is a minor child or an 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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(3) by a State's Attorney on behalf of any minor
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| child who is a family or household member of the named victim, if the named victim does not file a petition or request the State's Attorney file the petition;
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(4) by a service member of the Illinois National
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| Guard or any reserve military component serving within the State who is a victim of non-consensual sexual conduct who has also received a Military Protective Order; or
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(5) by the Staff Judge Advocate of the Illinois
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| National Guard or any reserve military component serving in the State on behalf of a named victim who is a victim of non-consensual sexual conduct who has also received a Military Protective Order only after receiving consent from the victim, and the petition shall include a statement that the victim has consented to the Staff Judge Advocate filing the petition.
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(c) A petition for a stalking no contact order may be filed:
(1) by any person who is a named victim of stalking;
(2) by a person or by the State's Attorney on behalf
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| of a named victim who is a minor child or an adult who is a victim of stalking but, because of age, disability, health, or inaccessibility, cannot file the petition;
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(3) by a State's Attorney on behalf of any minor
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| child who is a family or household member of the named victim, if the named victim does not file a petition or request the State's Attorney file the petition;
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(4) by a service member of the Illinois National
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| Guard or any reserve military component serving within the State who is a victim of non-consensual sexual conduct who has also received a Military Protective Order; or
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(5) by the Staff Judge Advocate of the Illinois
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| National Guard or any reserve military component serving in the State on behalf of a named victim who is a victim of non-consensual sexual conduct who has also received a Military Protective Order only after receiving consent from the victim, and the petition shall include a statement that the victim has consented to the Staff Judge Advocate filing the petition.
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(d) The State's Attorney shall file a petition on behalf of any person who may file a petition under subsections (a), (b), or (c) of this Section if the person requests the State's Attorney to file a petition on the person's behalf, unless the State's Attorney has a good faith basis to delay filing the petition. The State's Attorney shall inform the person that the State's Attorney will not be filing the petition at that time and that the person may file a petition or may retain an attorney to file the petition. The State's Attorney may file the petition at a later date.
(d-5) (1) A person eligible to file a petition under subsection (a), (b), or (c) of this Section may retain an attorney to represent the petitioner on the petitioner's request for a protective order. The attorney's representation is limited to matters related to the petition and relief authorized under this Article.
(2) Advocates shall be allowed to accompany the petitioner and confer with the victim, unless otherwise directed by the court. Advocates are not engaged in the unauthorized practice of law when providing assistance to the petitioner.
(e) Any petition properly
filed under this Article may seek
protection for any additional persons protected by this Article.
(Source: P.A. 102-890, eff. 5-19-22; 103-407, eff. 7-28-23.)
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(725 ILCS 5/112A-5.5) Sec. 112A-5.5. Time for filing petition; service on respondent, hearing on petition, and default orders. (a) A petition for a protective order may be filed at any time, in person or online, after a criminal charge or delinquency petition is filed and before the charge or delinquency petition is dismissed, the defendant or juvenile is acquitted, or the defendant or juvenile completes service of his or her sentence.
(b) The request for an ex parte protective order may be considered without notice to the respondent under Section 112A-17.5 of this Code. (c) A summons shall be issued and served for a protective order. The summons may be served by delivery to the respondent personally in open court in the criminal or juvenile delinquency proceeding, in the form prescribed by subsection (d) of Supreme Court Rule 101, except that it shall require the respondent to answer or appear within 7 days. Attachments to the summons shall include the petition for protective order, supporting affidavits, if any, and any ex parte protective order that has been issued. (d) The summons shall be served by the sheriff or other law enforcement officer at the earliest time available and shall take precedence over any other summons, except those of a similar emergency nature. Attachments to the summons shall include the petition for protective order, supporting affidavits, if any, and any ex parte protective order that has been issued. 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. In a county with a population over 3,000,000, a special process server may not be appointed if the protective order grants the surrender of a child, the surrender of a firearm or Firearm Owner's Identification Card, or the exclusive possession of a shared residence. (e) If the respondent is not served within 30 days of the filing of the petition, the court shall schedule a court proceeding on the issue of service. Either the petitioner, the petitioner's counsel, or the State's Attorney shall appear and the court shall either order continued attempts at personal service or shall order service by publication, in accordance with Sections 2-203, 2-206, and 2-207 of the Code of Civil Procedure. (f) The request for a final protective order can be considered at any court proceeding in the delinquency or criminal case after service of the petition. If the petitioner has not been provided notice of the court proceeding at least 10 days in advance of the proceeding, the court shall schedule a hearing on the petition and provide notice to the petitioner. (f-5) A court in a county with a population above 250,000 shall offer the option of a remote hearing to a petitioner for a protective order. The court has the discretion to grant or deny the request for a remote hearing. Each court shall determine the procedure for a remote hearing. The petitioner and respondent may appear remotely or in person. The court shall issue and publish a court order, standing order, or local rule detailing information about the process for requesting and participating in a remote court appearance. The court order, standing order, or local rule shall be published on the court's website and posted on signs throughout the courthouse, including in the clerk's office. The sign shall be written in plain language and include information about the availability of remote court appearances and the process for requesting a remote hearing. (g) Default orders. (1) A final domestic violence order of protection may |
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(A) for any of the remedies sought in the
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| petition, if the respondent has been served with documents under subsection (b) or (c) of this Section and if the respondent fails to appear on the specified return date or any subsequent hearing date agreed to by the petitioner and respondent or set by the court; or
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(B) for any of the remedies provided under
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| paragraph (1), (2), (3), (5), (6), (7), (8), (9), (10), (11), (14), (15), (17), or (18) of subsection (b) of Section 112A-14 of this Code, or if the respondent 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.
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(2) A final civil no contact order may be entered by
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| default for any of the remedies provided in Section 112A-14.5 of this Code, if the respondent has been served with documents under subsection (b) or (c) of this Section, and if the respondent 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.
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(3) A final stalking no contact order may be entered
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| by default for any of the remedies provided by Section 112A-14.7 of this Code, if the respondent has been served with documents under subsection (b) or (c) of this Section and if the respondent 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.
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(Source: P.A. 102-853, eff. 1-1-23; 103-154, eff. 6-30-23.)
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