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Illinois Compiled Statutes

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.

CRIMINAL PROCEDURE
(725 ILCS 5/) Code of Criminal Procedure of 1963.

725 ILCS 5/112A-14.7

    (725 ILCS 5/112A-14.7)
    Sec. 112A-14.7. Stalking no contact order; remedies.
    (a) The court may order any of the remedies listed in this Section. The remedies listed in this Section shall be in addition to other civil or criminal remedies available to petitioner. A stalking no contact order shall order one or more of the following:
        (1) prohibit the respondent from threatening to
    
commit or committing stalking;
        (2) order the respondent not to have any contact with
    
the petitioner or a third person specifically named by the court;
        (3) prohibit the respondent from knowingly coming
    
within, or knowingly remaining within a specified distance of the petitioner or the petitioner's residence, school, daycare, or place of employment, or any specified place frequented by the petitioner; however, the court may order the respondent to stay away from the respondent's own residence, school, or place of employment only if the respondent has been provided actual notice of the opportunity to appear and be heard on the petition;
        (4) prohibit the respondent from possessing a
    
Firearm Owners Identification Card, or possessing or buying firearms; and
        (5) order other injunctive relief the court
    
determines to be necessary to protect the petitioner or third party specifically named by the court.
    (b) When the petitioner and the respondent attend the same public, private, or non-public elementary, middle, or high school, the court when issuing a stalking no contact order and providing relief shall consider the severity of the act, any continuing physical danger or emotional distress to the petitioner, the educational rights guaranteed to the petitioner and respondent under federal and State law, the availability of a transfer of the respondent to another school, a change of placement or a change of program of the respondent, the expense, difficulty, and educational disruption that would be caused by a transfer of the respondent to another school, and any other relevant facts of the case. The court may order that the respondent not attend the public, private, or non-public elementary, middle, or high school attended by the petitioner, order that the respondent accept a change of placement or program, as determined by the school district or private or non-public school, or place restrictions on the respondent's movements within the school attended by the petitioner. The respondent bears the burden of proving by a preponderance of the evidence that a transfer, change of placement, or change of program of the respondent is not available. The respondent also bears the burden of production with respect to the expense, difficulty, and educational disruption that would be caused by a transfer of the respondent to another school. A transfer, change of placement, or change of program is not unavailable to the respondent solely on the ground that the respondent does not agree with the school district's or private or non-public school's transfer, change of placement, or change of program or solely on the ground that the respondent fails or refuses to consent to or otherwise does not take an action required to effectuate a transfer, change of placement, or change of program. When a court orders a respondent to stay away from the public, private, or non-public school attended by the petitioner and the respondent requests a transfer to another attendance center within the respondent's school district or private or non-public school, the school district or private or non-public school shall have sole discretion to determine the attendance center to which the respondent is transferred. If the court order results in a transfer of the minor respondent to another attendance center, a change in the respondent's placement, or a change of the respondent's program, the parents, guardian, or legal custodian of the respondent is responsible for transportation and other costs associated with the transfer or change.
    (c) The court may order the parents, guardian, or legal custodian of a minor respondent to take certain actions or to refrain from taking certain actions to ensure that the respondent complies with the order. If the court orders a transfer of the respondent to another school, the parents, guardian, or legal custodian of the respondent are responsible for transportation and other costs associated with the change of school by the respondent.
    (d) The court shall not hold a school district or private or non-public school or any of its employees in civil or criminal contempt unless the school district or private or non-public school has been allowed to intervene.
    (e) The court may hold the parents, guardian, or legal custodian of a minor respondent in civil or criminal contempt for a violation of any provision of any order entered under this Article for conduct of the minor respondent in violation of this Article if the parents, guardian, or legal custodian directed, encouraged, or assisted the respondent minor in the conduct.
    (f) Monetary damages are not recoverable as a remedy.
    (g) If the stalking no contact order prohibits the respondent from possessing a Firearm Owner's Identification Card, or possessing or buying firearms; the court shall confiscate the respondent's Firearm Owner's Identification Card and immediately return the card to the Illinois State Police Firearm Owner's Identification Card Office.
(Source: P.A. 102-538, eff. 8-20-21.)

725 ILCS 5/112A-15

    (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 and are prohibited. Nothing in this Section prohibits a victim from seeking a civil order of protection.
(Source: P.A. 100-199, eff. 1-1-18.)

725 ILCS 5/112A-16

    (725 ILCS 5/112A-16) (from Ch. 38, par. 112A-16)
    Sec. 112A-16. Accountability for actions of others. For the purposes of issuing a domestic violence order of protection, deciding what remedies should be included and enforcing the order, Article 5 of the Criminal Code of 2012 shall govern whether respondent is legally accountable for the conduct of another person.
(Source: P.A. 100-597, eff. 6-29-18.)

725 ILCS 5/112A-17

    (725 ILCS 5/112A-17) (from Ch. 38, par. 112A-17)
    Sec. 112A-17. (Repealed).
(Source: P.A. 97-333, eff. 8-12-11. Repealed by P.A. 100-199, eff. 1-1-18.)

725 ILCS 5/112A-17.5

    (725 ILCS 5/112A-17.5)
    Sec. 112A-17.5. Ex parte protective orders.
    (a) The petitioner may request expedited consideration of the petition for an ex parte protective order. The court shall consider the request on an expedited basis without requiring the respondent's presence or requiring notice to the respondent.
    (b) Issuance of ex parte protective orders in cases involving domestic violence. An ex parte domestic violence order of protection shall be issued if petitioner satisfies the requirements of this subsection (b) 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
    
of this Code;
        (2) the requirements of subsection (a) of Section
    
112A-11.5 of this Code are satisfied; and
        (3) there is good cause to grant the remedy,
    
regardless of prior service of process or notice upon the respondent, because:
            (A) for the remedy of prohibition of abuse
        
described in paragraph (1) of subsection (b) of Section 112A-14 of this Code; stay away order and additional prohibitions described in paragraph (3) of subsection (b) of Section 112A-14 of this Code; removal or concealment of minor child described in paragraph (8) of subsection (b) of Section 112A-14 of this Code; order to appear described in paragraph (9) of subsection (b) of Section 112A-14 of this Code; physical care and possession of the minor child described in paragraph (5) of subsection (b) of Section 112A-14 of this Code; protection of property described in paragraph (11) of subsection (b) of Section 112A-14 of this Code; prohibition of entry described in paragraph (14) of subsection (b) of Section 112A-14 of this Code; prohibition of firearm possession described in paragraph (14.5) of subsection (b) of Section 112A-14 of this Code; prohibition of access to records described in paragraph (15) of subsection (b) of Section 112A-14 of this Code; injunctive relief described in paragraph (16) of subsection (b) of Section 112A-14 of this Code; and telephone services described in paragraph (18) of subsection (b) of Section 112A-14 of this Code, the harm which that remedy is intended to prevent would be likely to occur if the respondent were given any prior notice, or greater notice than was actually given, of the petitioner's efforts to obtain judicial relief;
            (B) for the remedy of grant of exclusive
        
possession of residence described in paragraph (2) of subsection (b) of Section 112A-14 of this Code; the immediate danger of further abuse of the petitioner by the respondent, if the petitioner chooses or had chosen to remain in the residence or household while the respondent was given any prior notice or greater notice than was actually given of the petitioner's efforts to obtain judicial relief outweighs the hardships to the respondent of an emergency order granting the petitioner exclusive possession of the residence or household; and the remedy shall not be denied because the petitioner has or could obtain temporary shelter elsewhere while prior notice is given to the respondent, unless the hardship to the respondent from exclusion from the home substantially outweigh the hardship to the petitioner; or
            (C) for the remedy of possession of personal
        
property described in paragraph (10) of subsection (b) of Section 112A-14 of this Code; improper disposition of the personal property would be likely to occur if the respondent were given any prior notice, or greater notice than was actually given, of the petitioner's efforts to obtain judicial relief or the petitioner has an immediate and pressing need for the possession of that property.
    An ex parte domestic violence order of protection may not include the counseling, custody, or payment of support or monetary compensation remedies provided by paragraphs (4), (12), (13), and (16) of subsection (b) of Section 112A-14 of this Code.
    (c) Issuance of ex parte civil no contact order in cases involving sexual offenses. An ex parte civil no contact order shall be issued if the petitioner establishes that:
        (1) the court has jurisdiction under Section 112A-9
    
of this Code;
        (2) the requirements of subsection (a) of Section
    
112A-11.5 of this Code are satisfied; and
        (3) there is good cause to grant the remedy,
    
regardless of prior service of process or of notice upon the respondent, because the harm which that remedy is intended to prevent would be likely to occur if the respondent were given any prior notice, or greater notice than was actually given, of the petitioner's efforts to obtain judicial relief.
    The court may order any of the remedies under Section 112A-14.5 of this Code.
    (d) Issuance of ex parte stalking no contact order in cases involving stalking offenses. An ex parte stalking no contact order shall be issued if the petitioner establishes that:
        (1) the court has jurisdiction under Section 112A-9
    
of this Code;
        (2) the requirements of subsection (a) of Section
    
112A-11.5 of this Code are satisfied; and
        (3) there is good cause to grant the remedy,
    
regardless of prior service of process or of notice upon the respondent, because the harm which that remedy is intended to prevent would be likely to occur if the respondent were given any prior notice, or greater notice than was actually given, of the petitioner's efforts to obtain judicial relief.
    The court may order any of the remedies under Section 112A-14.7 of this Code.
    (e) Issuance of ex parte protective orders on court holidays and evenings.
    When the court is unavailable at the close of business, the petitioner may file a petition for an ex parte protective order before any available circuit judge or associate judge who may grant relief under this Article. If the judge finds that petitioner has satisfied the prerequisites in subsection (b), (c), or (d) of this Section, the judge shall issue an ex parte protective order.
    The chief judge of the circuit court may designate for each county in the circuit at least one judge to be reasonably available to issue orally, by telephone, by facsimile, or otherwise, an ex parte protective order at all times, whether or not the court is in session.
    The judge who issued the order under this Section shall promptly communicate or convey the order to the sheriff to facilitate the entry of the order into the Law Enforcement Agencies Data System by the Illinois State Police under Section 112A-28 of this Code. Any order issued under this Section and any documentation in support of it shall be certified on the next court day to the appropriate court. The clerk of that court shall immediately assign a case number, file the petition, order, and other documents with the court and enter the order of record and file it with the sheriff for service under subsection (f) of this Section. Failure to comply with the requirements of this subsection (e) shall not affect the validity of the order.
    (f) Service of ex parte protective order on respondent.
        (1) If an ex parte protective order is entered at the
    
time a summons or arrest warrant is issued for the criminal charge, the petition for the protective order, any supporting affidavits, if any, and the ex parte protective order that has been issued shall be served with the summons or arrest warrant. The enforcement of a protective order under Section 112A-23 of this Code shall not be affected by the lack of service or delivery, provided the requirements of subsection (a) of Section 112A-23 of this Code are otherwise met.
        (2) If an ex parte protective order is entered after
    
a summons or arrest warrant is issued and before the respondent makes an initial appearance in the criminal case, the summons shall be in the form prescribed by subsection (d) of Supreme Court Rule 101, except that it shall require respondent to answer or appear within 7 days and shall be accompanied by the petition for the protective order, any supporting affidavits, if any, and the ex parte protective order that has been issued.
        (3) If an ex parte protective order is entered after
    
the respondent has been served notice of a petition for a final protective order and the respondent has requested a continuance to respond to the petition, the ex parte protective order shall be served: (A) in open court if the respondent is present at the proceeding at which the order was entered; or (B) by summons in the form prescribed by subsection (d) of Supreme Court Rule 101.
        (4) No fee shall be charged for service of summons.
        (5) 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. In a county with a population over 3,000,000, a special process server may not be appointed if an ex parte 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. Process may be served in court.
    (g) Upon 7 days' notice to the petitioner, or a shorter notice period as the court may prescribe, a respondent subject to an ex parte protective order may appear and petition the court to re-hear the petition. Any petition to re-hear shall be verified and shall allege the following:
        (1) that respondent did not receive prior notice of
    
the initial hearing in which the ex parte protective order was entered under Section 112A-17.5 of this Code; and
        (2) that respondent had a meritorious defense to the
    
order or any of its remedies or that the order or any of its remedies was not authorized under this Article.
    The verified petition and affidavit shall set forth the evidence of the meritorious defense that will be presented at a hearing. If the court finds that the evidence presented at the hearing on the petition establishes a meritorious defense by a preponderance of the evidence, the court may decide to vacate the protective order or modify the remedies.
    (h) If the ex parte protective 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 petitioner and the respondent. Other issues raised by the pleadings may be consolidated for the hearing if the petitioner, the respondent, and the court do not object.
    (i) Duration of ex parte protective order. An ex parte order shall remain in effect until the court considers the request for a final protective order after notice has been served on the respondent or a default final protective order is entered, whichever occurs first. If a court date is scheduled for the issuance of a default protective order and the petitioner fails to personally appear or appear through counsel or the prosecuting attorney, the petition shall be dismissed and the ex parte order terminated.
(Source: P.A. 102-538, eff. 8-20-21.)

725 ILCS 5/112A-18

    (725 ILCS 5/112A-18) (from Ch. 38, par. 112A-18)
    Sec. 112A-18. (Repealed).
(Source: P.A. 87-1186. Repealed by P.A. 100-199, eff. 1-1-18.)

725 ILCS 5/112A-19

    (725 ILCS 5/112A-19) (from Ch. 38, par. 112A-19)
    Sec. 112A-19. (Repealed).
(Source: P.A. 84-1305. Repealed by P.A. 100-199, eff. 1-1-18.)

725 ILCS 5/112A-20

    (725 ILCS 5/112A-20) (from Ch. 38, par. 112A-20)
    Sec. 112A-20. Duration and extension of final protective orders.
    (a) (Blank).
    (b) A final protective order shall remain in effect as follows:
        (1) if entered during pre-trial release, until
    
disposition, withdrawal, or dismissal of the underlying charge; if, however, the case is continued as an independent cause of action, the order's duration may be for a fixed period of time not to exceed 2 years;
        (2) if in effect in conjunction with a bond
    
forfeiture warrant, until final disposition or an additional period of time not exceeding 2 years; no domestic violence order of protection, however, shall be terminated by a dismissal that is accompanied by the issuance of a bond forfeiture warrant;
        (3) until 2 years after the expiration of any
    
supervision, conditional discharge, probation, periodic imprisonment, parole, aftercare release, or mandatory supervised release for domestic violence orders of protection and civil no contact orders;
        (4) until 2 years after the date set by the court for
    
expiration of any sentence of imprisonment and subsequent parole, aftercare release, or mandatory supervised release for domestic violence orders of protection and civil no contact orders;
        (5) permanent for a stalking no contact order if a
    
judgment of conviction for stalking is entered; or
        (6) permanent for a civil no contact order at the
    
victim's request if a judgment of conviction for criminal sexual assault, aggravated criminal sexual assault, criminal sexual abuse, excluding a conviction under subsection (c) of Section 11-1.50 of the Criminal Code of 2012, or aggravated criminal sexual abuse is entered.
    (c) Computation of time. The duration of a domestic violence order of protection shall not be reduced by the duration of any prior domestic violence order of protection.
    (d) Law enforcement records. When a protective order 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 Illinois State Police records. To remove the protective order from those records, either the petitioner or the respondent 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 protective 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 domestic violence order of protection or civil no contact order that expires 2 years after the expiration of the defendant's sentence under paragraph (2), (3), or (4) of subsection (b) of Section 112A-20 of this Article may be extended one or more times, as required. The petitioner, petitioner's counsel, or the State's Attorney on the petitioner's behalf shall file the motion for an extension of the final protective order in the criminal case and serve the motion in accordance with Supreme Court Rules 11 and 12. The court shall transfer the motion to the appropriate court or division for consideration under subsection (e) of Section 220 of the Illinois Domestic Violence Act of 1986, subsection (c) of Section 216 of the Civil No Contact Order Act, or subsection (c) of Section 105 of the Stalking No Contact Order as appropriate.
    (f) Termination date. Any final protective order 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 a protective order undermines the purposes of this Article. This Section shall not be construed as encouraging that practice.
(Source: P.A. 102-184, eff. 1-1-22; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)

725 ILCS 5/112A-21

    (725 ILCS 5/112A-21) (from Ch. 38, par. 112A-21)
    Sec. 112A-21. Contents of orders.
    (a) Any domestic violence 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
    
detail and not by reference to any other document, so that respondent may clearly understand what he or she must do or refrain from doing. Pre-printed form orders of protection shall include the definitions of the types of abuse, as provided in Section 112A-3 of this Code. Remedies set forth in pre-printed form for domestic violence orders shall be numbered consistently with and corresponding to the numerical sequence of remedies listed in Section 112A-14 of this Code (at least as of the date the form orders are printed).
        (2) The reason for denial of petitioner's request for
    
any remedy listed in Section 112A-14 of this Code.
    (b) A domestic violence order of protection shall further state the following:
        (1) The name of each petitioner that the court finds
    
is a victim of a charged offense, and that respondent is a member of the family or household of each such petitioner, and the name of each other person protected by the order and that such person is protected by this Code.
        (2) For any remedy requested by petitioner on which
    
the court has declined to rule, that that remedy is reserved.
        (3) The date and time the domestic violence order of
    
protection was issued.
        (4) (Blank).
        (5) (Blank).
        (6) (Blank).
    (c) Any domestic violence order of protection shall include the following notice, printed in conspicuous type:
        "Any knowing violation of a domestic violence 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 for a first offense, and a Class 4 felony for persons with a prior conviction for certain offenses under subsection (d) of Section 12-3.4 of the Criminal Code of 2012. 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) (Blank).
    (e) A domestic violence 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. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18.)

725 ILCS 5/112A-21.5

    (725 ILCS 5/112A-21.5)
    Sec. 112A-21.5. Contents of civil no contact orders.
    (a) Any civil no contact order shall describe each remedy granted by the court, in reasonable detail and not by reference to any other document, so that the respondent may clearly understand what he or she must do or refrain from doing.
    (b) A civil no contact order shall further state the following:
        (1) The name of each petitioner that the court finds
    
is a victim of a charged offense and the name of each other person protected by the civil no contact order.
        (2) The date and time the civil no contact order was
    
issued.
    (c) A civil no contact order shall include the following notice, printed in conspicuous type:
        "Any knowing violation of a civil no contact order is
    
a Class A misdemeanor. Any second or subsequent violation is a Class 4 felony."
        "This Civil No Contact Order is enforceable, even
    
without registration, in all 50 states, the District of Columbia, tribal lands, and the U.S. territories under the Violence Against Women Act (18 U.S.C. 2265)."
(Source: P.A. 100-199, eff. 1-1-18.)