HB0192 EngrossedLRB097 03001 AJO 43032 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Stalking No Contact Order Act is amended by
5changing Section 80 as follows:
 
6    (740 ILCS 21/80)
7    Sec. 80. Stalking no contact orders; remedies.
8    (a) If the court finds that the petitioner has been a
9victim of stalking, a stalking no contact order shall issue;
10provided that the petitioner must also satisfy the requirements
11of Section 95 on emergency orders or Section 100 on plenary
12orders. The petitioner shall not be denied a stalking no
13contact order because the petitioner or the respondent is a
14minor. The court, when determining whether or not to issue a
15stalking no contact order, may not require physical injury on
16the person of the petitioner. Modification and extension of
17prior stalking no contact orders shall be in accordance with
18this Act.
19    (b) A stalking no contact order shall order one or more of
20the following:
21        (1) prohibit the respondent from threatening to commit
22    or committing stalking;
23        (2) order the respondent not to have any contact with

 

 

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1    the petitioner or a third person specifically named by the
2    court;
3        (3) prohibit the respondent from knowingly coming
4    within, or knowingly remaining within a specified distance
5    of the petitioner or the petitioner's residence, school,
6    daycare, or place of employment, or any specified place
7    frequented by the petitioner; however, the court may order
8    the respondent to stay away from the respondent's own
9    residence, school, or place of employment only if the
10    respondent has been provided actual notice of the
11    opportunity to appear and be heard on the petition;
12        (4) prohibit the respondent from possessing a Firearm
13    Owners Identification Card, or possessing or buying
14    firearms; and
15        (5) order other injunctive relief the court determines
16    to be necessary to protect the petitioner or third party
17    specifically named by the court.
18    (b-5) When the petitioner and the respondent attend the
19same public, private, or non-public elementary, middle, or high
20school, the court when issuing a stalking no contact order and
21providing relief shall consider the severity of the act, any
22continuing physical danger or emotional distress to the
23petitioner, the educational rights guaranteed to the
24petitioner and respondent under federal and State law, the
25availability of a transfer of the respondent to another school,
26a change of placement or a change of program of the respondent,

 

 

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1the expense, difficulty, and educational disruption that would
2be caused by a transfer of the respondent to another school,
3and any other relevant facts of the case. The court may order
4that the respondent not attend the public, private, or
5non-public elementary, middle, or high school attended by the
6petitioner, order that the respondent accept a change of
7placement or program, as determined by the school district or
8private or non-public school, or place restrictions on the
9respondent's movements within the school attended by the
10petitioner. The respondent bears the burden of proving by a
11preponderance of the evidence that a transfer, change of
12placement, or change of program of the respondent is not
13available. The respondent also bears the burden of production
14with respect to the expense, difficulty, and educational
15disruption that would be caused by a transfer of the respondent
16to another school. A transfer, change of placement, or change
17of program is not unavailable to the respondent solely on the
18ground that the respondent does not agree with the school
19district's or private or non-public school's transfer, change
20of placement, or change of program or solely on the ground that
21the respondent fails or refuses to consent to or otherwise does
22not take an action required to effectuate a transfer, change of
23placement, or change of program. When a court orders a
24respondent to stay away from the public, private, or non-public
25school attended by the petitioner and the respondent requests a
26transfer to another attendance center within the respondent's

 

 

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1school district or private or non-public school, the school
2district or private or non-public school shall have sole
3discretion to determine the attendance center to which the
4respondent is transferred. In the event the court order results
5in a transfer of the minor respondent to another attendance
6center, a change in the respondent's placement, or a change of
7the respondent's program, the parents, guardian, or legal
8custodian of the respondent is responsible for transportation
9and other costs associated with the transfer or change.
10    (b-6) The court may order the parents, guardian, or legal
11custodian of a minor respondent to take certain actions or to
12refrain from taking certain actions to ensure that the
13respondent complies with the order. In the event the court
14orders a transfer of the respondent to another school, the
15parents, guardian, or legal custodian of the respondent are
16responsible for transportation and other costs associated with
17the change of school by the respondent.
18    (b-7) The court shall not hold a school district or private
19or non-public school or any of its employees in civil or
20criminal contempt unless the school district or private or
21non-public school has been allowed to intervene.
22    (b-8) The court may hold the parents, guardian, or legal
23custodian of a minor respondent in civil or criminal contempt
24for a violation of any provision of any order entered under
25this Act for conduct of the minor respondent in violation of
26this Act if the parents, guardian, or legal custodian directed,

 

 

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1encouraged, or assisted the respondent minor in such conduct.
2    (c) The court may award the petitioner costs and attorneys
3fees if a stalking no contact order is granted.
4    (d) Monetary damages are not recoverable as a remedy.
5(Source: P.A. 96-246, eff. 1-1-10.)
 
6    Section 10. The Civil No Contact Order Act is amended by
7changing Sections 213 and 220 as follows:
 
8    (740 ILCS 22/213)
9    Sec. 213. Civil no contact order; remedies.
10    (a) If the court finds that the petitioner has been a
11victim of non-consensual sexual conduct or non-consensual
12sexual penetration, a civil no contact order shall issue;
13provided that the petitioner must also satisfy the requirements
14of Section 214 on emergency orders or Section 215 on plenary
15orders. The petitioner shall not be denied a civil no contact
16order because the petitioner or the respondent is a minor. The
17court, when determining whether or not to issue a civil no
18contact order, may not require physical injury on the person of
19the victim. Modification and extension of prior civil no
20contact orders shall be in accordance with this Act.
21    (b) (Blank).
22    (b-5) The court may provide relief as follows:
23        (1) prohibit the respondent from knowingly coming
24    within, or knowingly remaining within, a specified

 

 

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1    distance from the petitioner;
2        (2) restrain the respondent from having any contact,
3    including nonphysical contact, with the petitioner
4    directly, indirectly, or through third parties, regardless
5    of whether those third parties know of the order;
6        (3) prohibit the respondent from knowingly coming
7    within, or knowingly remaining within, a specified
8    distance from the petitioner's residence, school, day care
9    or other specified location;
10        (4) order the respondent to stay away from any property
11    or animal owned, possessed, leased, kept, or held by the
12    petitioner and forbid the respondent from taking,
13    transferring, encumbering, concealing, harming, or
14    otherwise disposing of the property or animal; and
15        (5) order any other injunctive relief as necessary or
16    appropriate for the protection of the petitioner.
17    (b-6) When the petitioner and the respondent attend the
18same public or private elementary, middle, or high school, the
19court when issuing a civil no contact order and providing
20relief shall consider, among the other facts of the case, the
21severity of the act, any continuing physical danger or
22emotional distress to the petitioner, the educational rights
23guaranteed to the petitioner and respondent under federal and
24State law, the availability of a transfer of the respondent to
25another school, a change of placement or a change of program of
26the respondent, the expense, difficulty, and educational

 

 

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1disruption that would be caused by a transfer of the respondent
2to another school, and any other relevant facts of the case and
3the expense, difficulty, and educational disruption that would
4be caused by a transfer of the respondent to another school.
5The court may order that the respondent not attend the public,
6or private, or non-public elementary, middle, or high school
7attended by the petitioner, order that the respondent accept a
8change of placement or program, as determined by the school
9district or private or non-public school, or place restrictions
10on the respondent's movements within the school attended by the
11petitioner. The respondent bears the burden of proving by a
12preponderance of the evidence that a transfer, change of
13placement, or change of program of the respondent is not
14available. The respondent also bears the burden of production
15with respect to the expense, difficulty, and educational
16disruption that would be caused by a transfer of the respondent
17to another school. A transfer, change of placement, or change
18of program is not unavailable to the respondent solely on the
19ground that the respondent does not agree with the school
20district's or private or non-public school's transfer, change
21of placement, or change of program or solely on the ground that
22the respondent fails or refuses to consent to or otherwise does
23not take an action required to effectuate a transfer, change of
24placement, or change of program. When a court orders a
25respondent to stay away from the public, private, or non-public
26school attended by the petitioner and the respondent requests a

 

 

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1transfer to another attendance center within the respondent's
2school district or private or non-public school, the school
3district or private or non-public school shall have sole
4discretion to determine the attendance center to which the
5respondent is transferred. In the event the court order results
6in a transfer of the minor respondent to another attendance
7center, a change in the respondent's placement, or a change of
8the respondent's program, the parents, guardian, or legal
9custodian of the respondent is responsible for transportation
10and other costs associated with the transfer or change.
11    (b-7) The court may order the parents, guardian, or legal
12custodian of a minor respondent to take certain actions or to
13refrain from taking certain actions to ensure that the
14respondent complies with the order. In the event the court
15orders a transfer of the respondent to another school, the
16parents or legal guardians of the respondent are responsible
17for transportation and other costs associated with the change
18of school by the respondent.
19    (c) Denial of a remedy may not be based, in whole or in
20part, on evidence that:
21        (1) the respondent has cause for any use of force,
22    unless that cause satisfies the standards for justifiable
23    use of force provided by Article VII of the Criminal Code
24    of 1961;
25        (2) the respondent was voluntarily intoxicated;
26        (3) the petitioner acted in self-defense or defense of

 

 

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1    another, provided that, if the petitioner utilized force,
2    such force was justifiable under Article VII of the
3    Criminal Code of 1961;
4        (4) the petitioner did not act in self-defense or
5    defense of another;
6        (5) the petitioner left the residence or household to
7    avoid further non-consensual sexual conduct or
8    non-consensual sexual penetration by the respondent; or
9        (6) the petitioner did not leave the residence or
10    household to avoid further non-consensual sexual conduct
11    or non-consensual sexual penetration by the respondent.
12    (d) Monetary damages are not recoverable as a remedy.
13(Source: P.A. 96-311, eff. 1-1-10.)
 
14    (740 ILCS 22/220)
15    Sec. 220. Enforcement of a civil no contact order.
16    (a) Nothing in this Act shall preclude any Illinois court
17from enforcing a valid protective order issued in another
18state.
19    (b) Illinois courts may enforce civil no contact orders
20through both criminal proceedings and civil contempt
21proceedings, unless the action which is second in time is
22barred by collateral estoppel or the constitutional
23prohibition against double jeopardy.
24    (b-1) The court shall not hold a school district or private
25or non-public school or any of its employees in civil or

 

 

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1criminal contempt unless the school district or private or
2non-public school has been allowed to intervene.
3    (b-2) The court may hold the parents, guardian, or legal
4custodian of a minor respondent in civil or criminal contempt
5for a violation of any provision of any order entered under
6this Act for conduct of the minor respondent in violation of
7this Act if the parents, guardian, or legal custodian directed,
8encouraged, or assisted the respondent minor in such conduct.
9    (c) Criminal prosecution. A violation of any civil no
10contact order, whether issued in a civil or criminal
11proceeding, shall be enforced by a criminal court when the
12respondent commits the crime of violation of a civil no contact
13order pursuant to Section 219 by having knowingly violated:
14        (1) remedies described in Section 213 and included in a
15    civil no contact order; or
16        (2) a provision of an order, which is substantially
17    similar to provisions of Section 213, in a valid civil no
18    contact order which is authorized under the laws of another
19    state, tribe, or United States territory.
20    Prosecution for a violation of a civil no contact order
21shall not bar a concurrent prosecution for any other crime,
22including any crime that may have been committed at the time of
23the violation of the civil no contact order.
24    (d) Contempt of court. A violation of any valid Illinois
25civil no contact order, whether issued in a civil or criminal
26proceeding, may be enforced through civil or criminal contempt

 

 

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1procedures, as appropriate, by any court with jurisdiction,
2regardless of where the act or acts which violated the civil no
3contact order were committed, to the extent consistent with the
4venue provisions of this Act.
5        (1) In a contempt proceeding where the petition for a
6    rule to show cause or petition for adjudication of criminal
7    contempt sets forth facts evidencing an immediate danger
8    that the respondent will flee the jurisdiction or inflict
9    physical abuse on the petitioner or minor children or on
10    dependent adults in the petitioner's care, the court may
11    order the attachment of the respondent without prior
12    service of the petition for a rule to show cause, the rule
13    to show cause, the petition for adjudication of criminal
14    contempt or the adjudication of criminal contempt. Bond
15    shall be set unless specifically denied in writing.
16        (2) A petition for a rule to show cause or a petition
17    for adjudication of criminal contempt for violation of a
18    civil no contact order shall be treated as an expedited
19    proceeding.
20    (e) Actual knowledge. A civil no contact order may be
21enforced pursuant to this Section if the respondent violates
22the order after the respondent has actual knowledge of its
23contents as shown through one of the following means:
24        (1) by service, delivery, or notice under Section 208;
25        (2) by notice under Section 218;
26        (3) by service of a civil no contact order under

 

 

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1    Section 218; or
2        (4) by other means demonstrating actual knowledge of
3    the contents of the order.
4    (f) The enforcement of a civil no contact order in civil or
5criminal court shall not be affected by either of the
6following:
7        (1) the existence of a separate, correlative order,
8    entered under Section 202; or
9        (2) any finding or order entered in a conjoined
10    criminal proceeding.
11    (g) Circumstances. The court, when determining whether or
12not a violation of a civil no contact order has occurred, shall
13not require physical manifestations of abuse on the person of
14the victim.
15    (h) Penalties.
16        (1) Except as provided in paragraph (3) of this
17    subsection, where the court finds the commission of a crime
18    or contempt of court under subsection (a) or (b) of this
19    Section, the penalty shall be the penalty that generally
20    applies in such criminal or contempt proceedings, and may
21    include one or more of the following: incarceration,
22    payment of restitution, a fine, payment of attorneys' fees
23    and costs, or community service.
24        (2) The court shall hear and take into account evidence
25    of any factors in aggravation or mitigation before deciding
26    an appropriate penalty under paragraph (1) of this

 

 

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1    subsection.
2        (3) To the extent permitted by law, the court is
3    encouraged to:
4            (i) increase the penalty for the knowing violation
5        of any civil no contact order over any penalty
6        previously imposed by any court for respondent's
7        violation of any civil no contact order or penal
8        statute involving petitioner as victim and respondent
9        as defendant;
10            (ii) impose a minimum penalty of 24 hours
11        imprisonment for respondent's first violation of any
12        civil no contact order; and
13            (iii) impose a minimum penalty of 48 hours
14        imprisonment for respondent's second or subsequent
15        violation of a civil no contact order unless the court
16        explicitly finds that an increased penalty or that
17        period of imprisonment would be manifestly unjust.
18        (4) In addition to any other penalties imposed for a
19    violation of a civil no contact order, a criminal court may
20    consider evidence of any previous violations of a civil no
21    contact order:
22            (i) to increase, revoke or modify the bail bond on
23        an underlying criminal charge pursuant to Section
24        110-6 of the Code of Criminal Procedure of 1963;
25            (ii) to revoke or modify an order of probation,
26        conditional discharge or supervision, pursuant to

 

 

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1        Section 5-6-4 of the Unified Code of Corrections; or
2            (iii) to revoke or modify a sentence of periodic
3        imprisonment, pursuant to Section 5-7-2 of the Unified
4        Code of Corrections.
5(Source: P.A. 96-311, eff. 1-1-10.)
 
6    Section 15. The Illinois Domestic Violence Act of 1986 is
7amended by changing Sections 214 and 223 as follows:
 
8    (750 ILCS 60/214)  (from Ch. 40, par. 2312-14)
9    Sec. 214. Order of protection; remedies.
10    (a) Issuance of order. If the court finds that petitioner
11has been abused by a family or household member or that
12petitioner is a high-risk adult who has been abused, neglected,
13or exploited, as defined in this Act, an order of protection
14prohibiting the abuse, neglect, or exploitation shall issue;
15provided that petitioner must also satisfy the requirements of
16one of the following Sections, as appropriate: Section 217 on
17emergency orders, Section 218 on interim orders, or Section 219
18on plenary orders. Petitioner shall not be denied an order of
19protection because petitioner or respondent is a minor. The
20court, when determining whether or not to issue an order of
21protection, shall not require physical manifestations of abuse
22on the person of the victim. Modification and extension of
23prior orders of protection shall be in accordance with this
24Act.

 

 

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1    (b) Remedies and standards. The remedies to be included in
2an order of protection shall be determined in accordance with
3this Section and one of the following Sections, as appropriate:
4Section 217 on emergency orders, Section 218 on interim orders,
5and Section 219 on plenary orders. The remedies listed in this
6subsection shall be in addition to other civil or criminal
7remedies available to petitioner.
8        (1) Prohibition of abuse, neglect, or exploitation.
9    Prohibit respondent's harassment, interference with
10    personal liberty, intimidation of a dependent, physical
11    abuse, or willful deprivation, neglect or exploitation, as
12    defined in this Act, or stalking of the petitioner, as
13    defined in Section 12-7.3 of the Criminal Code of 1961, if
14    such abuse, neglect, exploitation, or stalking has
15    occurred or otherwise appears likely to occur if not
16    prohibited.
17        (2) Grant of exclusive possession of residence.
18    Prohibit respondent from entering or remaining in any
19    residence, household, or premises of the petitioner,
20    including one owned or leased by respondent, if petitioner
21    has a right to occupancy thereof. The grant of exclusive
22    possession of the residence, household, or premises shall
23    not affect title to real property, nor shall the court be
24    limited by the standard set forth in Section 701 of the
25    Illinois Marriage and Dissolution of Marriage Act.
26            (A) Right to occupancy. A party has a right to

 

 

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1        occupancy of a residence or household if it is solely
2        or jointly owned or leased by that party, that party's
3        spouse, a person with a legal duty to support that
4        party or a minor child in that party's care, or by any
5        person or entity other than the opposing party that
6        authorizes that party's occupancy (e.g., a domestic
7        violence shelter). Standards set forth in subparagraph
8        (B) shall not preclude equitable relief.
9            (B) Presumption of hardships. If petitioner and
10        respondent each has the right to occupancy of a
11        residence or household, the court shall balance (i) the
12        hardships to respondent and any minor child or
13        dependent adult in respondent's care resulting from
14        entry of this remedy with (ii) the hardships to
15        petitioner and any minor child or dependent adult in
16        petitioner's care resulting from continued exposure to
17        the risk of abuse (should petitioner remain at the
18        residence or household) or from loss of possession of
19        the residence or household (should petitioner leave to
20        avoid the risk of abuse). When determining the balance
21        of hardships, the court shall also take into account
22        the accessibility of the residence or household.
23        Hardships need not be balanced if respondent does not
24        have a right to occupancy.
25            The balance of hardships is presumed to favor
26        possession by petitioner unless the presumption is

 

 

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1        rebutted by a preponderance of the evidence, showing
2        that the hardships to respondent substantially
3        outweigh the hardships to petitioner and any minor
4        child or dependent adult in petitioner's care. The
5        court, on the request of petitioner or on its own
6        motion, may order respondent to provide suitable,
7        accessible, alternate housing for petitioner instead
8        of excluding respondent from a mutual residence or
9        household.
10        (3) Stay away order and additional prohibitions. Order
11    respondent to stay away from petitioner or any other person
12    protected by the order of protection, or prohibit
13    respondent from entering or remaining present at
14    petitioner's school, place of employment, or other
15    specified places at times when petitioner is present, or
16    both, if reasonable, given the balance of hardships.
17    Hardships need not be balanced for the court to enter a
18    stay away order or prohibit entry if respondent has no
19    right to enter the premises.
20            (A) If an order of protection grants petitioner
21        exclusive possession of the residence, or prohibits
22        respondent from entering the residence, or orders
23        respondent to stay away from petitioner or other
24        protected persons, then the court may allow respondent
25        access to the residence to remove items of clothing and
26        personal adornment used exclusively by respondent,

 

 

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1        medications, and other items as the court directs. The
2        right to access shall be exercised on only one occasion
3        as the court directs and in the presence of an
4        agreed-upon adult third party or law enforcement
5        officer.
6            (B) When the petitioner and the respondent attend
7        the same public, private, or non-public elementary,
8        middle, or high school, the court when issuing an order
9        of protection and providing relief shall consider the
10        severity of the act, any continuing physical danger or
11        emotional distress to the petitioner, the educational
12        rights guaranteed to the petitioner and respondent
13        under federal and State law, the availability of a
14        transfer of the respondent to another school, a change
15        of placement or a change of program of the respondent,
16        the expense, difficulty, and educational disruption
17        that would be caused by a transfer of the respondent to
18        another school, and any other relevant facts of the
19        case. The court may order that the respondent not
20        attend the public, private, or non-public elementary,
21        middle, or high school attended by the petitioner,
22        order that the respondent accept a change of placement
23        or change of program, as determined by the school
24        district or private or non-public school, or place
25        restrictions on the respondent's movements within the
26        school attended by the petitioner. The respondent

 

 

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1        bears the burden of proving by a preponderance of the
2        evidence that a transfer, change of placement, or
3        change of program of the respondent is not available.
4        The respondent also bears the burden of production with
5        respect to the expense, difficulty, and educational
6        disruption that would be caused by a transfer of the
7        respondent to another school. A transfer, change of
8        placement, or change of program is not unavailable to
9        the respondent solely on the ground that the respondent
10        does not agree with the school district's or private or
11        non-public school's transfer, change of placement, or
12        change of program or solely on the ground that the
13        respondent fails or refuses to consent or otherwise
14        does not take an action required to effectuate a
15        transfer, change of placement, or change of program.
16        When a court orders a respondent to stay away from the
17        public, private, or non-public school attended by the
18        petitioner and the respondent requests a transfer to
19        another attendance center within the respondent's
20        school district or private or non-public school, the
21        school district or private or non-public school shall
22        have sole discretion to determine the attendance
23        center to which the respondent is transferred. In the
24        event the court order results in a transfer of the
25        minor respondent to another attendance center, a
26        change in the respondent's placement, or a change of

 

 

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1        the respondent's program, the parents, guardian, or
2        legal custodian of the respondent is responsible for
3        transportation and other costs associated with the
4        transfer or change.
5            (C) The court may order the parents, guardian, or
6        legal custodian of a minor respondent to take certain
7        actions or to refrain from taking certain actions to
8        ensure that the respondent complies with the order. The
9        court may order the parents, guardian, or legal
10        custodian of a minor respondent to take certain actions
11        or to refrain from taking certain actions to ensure
12        that the respondent complies with the order. In the
13        event the court orders a transfer of the respondent to
14        another school, the parents, guardian, or legal
15        custodian of the respondent is responsible for
16        transportation and other costs associated with the
17        change of school by the respondent.
18        (4) Counseling. Require or recommend the respondent to
19    undergo counseling for a specified duration with a social
20    worker, psychologist, clinical psychologist, psychiatrist,
21    family service agency, alcohol or substance abuse program,
22    mental health center guidance counselor, agency providing
23    services to elders, program designed for domestic violence
24    abusers or any other guidance service the court deems
25    appropriate. The Court may order the respondent in any
26    intimate partner relationship to report to an Illinois

 

 

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1    Department of Human Services protocol approved partner
2    abuse intervention program for an assessment and to follow
3    all recommended treatment.
4        (5) Physical care and possession of the minor child. In
5    order to protect the minor child from abuse, neglect, or
6    unwarranted separation from the person who has been the
7    minor child's primary caretaker, or to otherwise protect
8    the well-being of the minor child, the court may do either
9    or both of the following: (i) grant petitioner physical
10    care or possession of the minor child, or both, or (ii)
11    order respondent to return a minor child to, or not remove
12    a minor child from, the physical care of a parent or person
13    in loco parentis.
14        If a court finds, after a hearing, that respondent has
15    committed abuse (as defined in Section 103) of a minor
16    child, there shall be a rebuttable presumption that
17    awarding physical care to respondent would not be in the
18    minor child's best interest.
19        (6) Temporary legal custody. Award temporary legal
20    custody to petitioner in accordance with this Section, the
21    Illinois Marriage and Dissolution of Marriage Act, the
22    Illinois Parentage Act of 1984, and this State's Uniform
23    Child-Custody Jurisdiction and Enforcement Act.
24        If a court finds, after a hearing, that respondent has
25    committed abuse (as defined in Section 103) of a minor
26    child, there shall be a rebuttable presumption that

 

 

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1    awarding temporary legal custody to respondent would not be
2    in the child's best interest.
3        (7) Visitation. Determine the visitation rights, if
4    any, of respondent in any case in which the court awards
5    physical care or temporary legal custody of a minor child
6    to petitioner. The court shall restrict or deny
7    respondent's visitation with a minor child if the court
8    finds that respondent has done or is likely to do any of
9    the following: (i) abuse or endanger the minor child during
10    visitation; (ii) use the visitation as an opportunity to
11    abuse or harass petitioner or petitioner's family or
12    household members; (iii) improperly conceal or detain the
13    minor child; or (iv) otherwise act in a manner that is not
14    in the best interests of the minor child. The court shall
15    not be limited by the standards set forth in Section 607.1
16    of the Illinois Marriage and Dissolution of Marriage Act.
17    If the court grants visitation, the order shall specify
18    dates and times for the visitation to take place or other
19    specific parameters or conditions that are appropriate. No
20    order for visitation shall refer merely to the term
21    "reasonable visitation".
22        Petitioner may deny respondent access to the minor
23    child if, when respondent arrives for visitation,
24    respondent is under the influence of drugs or alcohol and
25    constitutes a threat to the safety and well-being of
26    petitioner or petitioner's minor children or is behaving in

 

 

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1    a violent or abusive manner.
2        If necessary to protect any member of petitioner's
3    family or household from future abuse, respondent shall be
4    prohibited from coming to petitioner's residence to meet
5    the minor child for visitation, and the parties shall
6    submit to the court their recommendations for reasonable
7    alternative arrangements for visitation. A person may be
8    approved to supervise visitation only after filing an
9    affidavit accepting that responsibility and acknowledging
10    accountability to the court.
11        (8) Removal or concealment of minor child. Prohibit
12    respondent from removing a minor child from the State or
13    concealing the child within the State.
14        (9) Order to appear. Order the respondent to appear in
15    court, alone or with a minor child, to prevent abuse,
16    neglect, removal or concealment of the child, to return the
17    child to the custody or care of the petitioner or to permit
18    any court-ordered interview or examination of the child or
19    the respondent.
20        (10) Possession of personal property. Grant petitioner
21    exclusive possession of personal property and, if
22    respondent has possession or control, direct respondent to
23    promptly make it available to petitioner, if:
24            (i) petitioner, but not respondent, owns the
25        property; or
26            (ii) the parties own the property jointly; sharing

 

 

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1        it would risk abuse of petitioner by respondent or is
2        impracticable; and the balance of hardships favors
3        temporary possession by petitioner.
4        If petitioner's sole claim to ownership of the property
5    is that it is marital property, the court may award
6    petitioner temporary possession thereof under the
7    standards of subparagraph (ii) of this paragraph only if a
8    proper proceeding has been filed under the Illinois
9    Marriage and Dissolution of Marriage Act, as now or
10    hereafter amended.
11        No order under this provision shall affect title to
12    property.
13        (11) Protection of property. Forbid the respondent
14    from taking, transferring, encumbering, concealing,
15    damaging or otherwise disposing of any real or personal
16    property, except as explicitly authorized by the court, if:
17            (i) petitioner, but not respondent, owns the
18        property; or
19            (ii) the parties own the property jointly, and the
20        balance of hardships favors granting this remedy.
21        If petitioner's sole claim to ownership of the property
22    is that it is marital property, the court may grant
23    petitioner relief under subparagraph (ii) of this
24    paragraph only if a proper proceeding has been filed under
25    the Illinois Marriage and Dissolution of Marriage Act, as
26    now or hereafter amended.

 

 

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1        The court may further prohibit respondent from
2    improperly using the financial or other resources of an
3    aged member of the family or household for the profit or
4    advantage of respondent or of any other person.
5        (11.5) Protection of animals. Grant the petitioner the
6    exclusive care, custody, or control of any animal owned,
7    possessed, leased, kept, or held by either the petitioner
8    or the respondent or a minor child residing in the
9    residence or household of either the petitioner or the
10    respondent and order the respondent to stay away from the
11    animal and forbid the respondent from taking,
12    transferring, encumbering, concealing, harming, or
13    otherwise disposing of the animal.
14        (12) Order for payment of support. Order respondent to
15    pay temporary support for the petitioner or any child in
16    the petitioner's care or custody, when the respondent has a
17    legal obligation to support that person, in accordance with
18    the Illinois Marriage and Dissolution of Marriage Act,
19    which shall govern, among other matters, the amount of
20    support, payment through the clerk and withholding of
21    income to secure payment. An order for child support may be
22    granted to a petitioner with lawful physical care or
23    custody of a child, or an order or agreement for physical
24    care or custody, prior to entry of an order for legal
25    custody. Such a support order shall expire upon entry of a
26    valid order granting legal custody to another, unless

 

 

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1    otherwise provided in the custody order.
2        (13) Order for payment of losses. Order respondent to
3    pay petitioner for losses suffered as a direct result of
4    the abuse, neglect, or exploitation. Such losses shall
5    include, but not be limited to, medical expenses, lost
6    earnings or other support, repair or replacement of
7    property damaged or taken, reasonable attorney's fees,
8    court costs and moving or other travel expenses, including
9    additional reasonable expenses for temporary shelter and
10    restaurant meals.
11            (i) Losses affecting family needs. If a party is
12        entitled to seek maintenance, child support or
13        property distribution from the other party under the
14        Illinois Marriage and Dissolution of Marriage Act, as
15        now or hereafter amended, the court may order
16        respondent to reimburse petitioner's actual losses, to
17        the extent that such reimbursement would be
18        "appropriate temporary relief", as authorized by
19        subsection (a)(3) of Section 501 of that Act.
20            (ii) Recovery of expenses. In the case of an
21        improper concealment or removal of a minor child, the
22        court may order respondent to pay the reasonable
23        expenses incurred or to be incurred in the search for
24        and recovery of the minor child, including but not
25        limited to legal fees, court costs, private
26        investigator fees, and travel costs.

 

 

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1        (14) Prohibition of entry. Prohibit the respondent
2    from entering or remaining in the residence or household
3    while the respondent is under the influence of alcohol or
4    drugs and constitutes a threat to the safety and well-being
5    of the petitioner or the petitioner's children.
6        (14.5) Prohibition of firearm possession.
7            (a) When a complaint is made under a request for an
8        order of protection, that the respondent has
9        threatened or is likely to use firearms illegally
10        against the petitioner, the court shall examine on oath
11        the petitioner, and any witnesses who may be produced.
12        If the court is satisfied that there is any danger of
13        the illegal use of firearms, and the respondent is
14        present in court, it shall issue an order that any
15        firearms and any Firearm Owner's Identification Card
16        in the possession of the respondent, except as provided
17        in subsection (b), be turned over to the local law
18        enforcement agency for safekeeping. If the court is
19        satisfied that there is any danger of the illegal use
20        of firearms, and if the respondent is not present in
21        court, the court shall issue a warrant for seizure of
22        any firearm and Firearm Owner's Identification Card in
23        the possession of the respondent, to be kept by the
24        local law enforcement agency for safekeeping, except
25        as provided in subsection (b). The period of
26        safekeeping shall be for a stated period of time not to

 

 

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1        exceed 2 years. The firearm or firearms and Firearm
2        Owner's Identification Card shall be returned to the
3        respondent at the end of the stated period or at
4        expiration of the order of protection, whichever is
5        sooner.
6            (b) If the respondent is a peace officer as defined
7        in Section 2-13 of the Criminal Code of 1961, the court
8        shall order that any firearms used by the respondent in
9        the performance of his or her duties as a peace officer
10        be surrendered to the chief law enforcement executive
11        of the agency in which the respondent is employed, who
12        shall retain the firearms for safekeeping for the
13        stated period not to exceed 2 years as set forth in the
14        court order.
15            (c) Upon expiration of the period of safekeeping,
16        if the firearms or Firearm Owner's Identification Card
17        cannot be returned to respondent because respondent
18        cannot be located, fails to respond to requests to
19        retrieve the firearms, or is not lawfully eligible to
20        possess a firearm, upon petition from the local law
21        enforcement agency, the court may order the local law
22        enforcement agency to destroy the firearms, use the
23        firearms for training purposes, or for any other
24        application as deemed appropriate by the local law
25        enforcement agency; or that the firearms be turned over
26        to a third party who is lawfully eligible to possess

 

 

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1        firearms, and who does not reside with respondent.
2        (15) Prohibition of access to records. If an order of
3    protection prohibits respondent from having contact with
4    the minor child, or if petitioner's address is omitted
5    under subsection (b) of Section 203, or if necessary to
6    prevent abuse or wrongful removal or concealment of a minor
7    child, the order shall deny respondent access to, and
8    prohibit respondent from inspecting, obtaining, or
9    attempting to inspect or obtain, school or any other
10    records of the minor child who is in the care of
11    petitioner.
12        (16) Order for payment of shelter services. Order
13    respondent to reimburse a shelter providing temporary
14    housing and counseling services to the petitioner for the
15    cost of the services, as certified by the shelter and
16    deemed reasonable by the court.
17        (17) Order for injunctive relief. Enter injunctive
18    relief necessary or appropriate to prevent further abuse of
19    a family or household member or further abuse, neglect, or
20    exploitation of a high-risk adult with disabilities or to
21    effectuate one of the granted remedies, if supported by the
22    balance of hardships. If the harm to be prevented by the
23    injunction is abuse or any other harm that one of the
24    remedies listed in paragraphs (1) through (16) of this
25    subsection is designed to prevent, no further evidence is
26    necessary that the harm is an irreparable injury.

 

 

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1    (c) Relevant factors; findings.
2        (1) In determining whether to grant a specific remedy,
3    other than payment of support, the court shall consider
4    relevant factors, including but not limited to the
5    following:
6            (i) the nature, frequency, severity, pattern and
7        consequences of the respondent's past abuse, neglect
8        or exploitation of the petitioner or any family or
9        household member, including the concealment of his or
10        her location in order to evade service of process or
11        notice, and the likelihood of danger of future abuse,
12        neglect, or exploitation to petitioner or any member of
13        petitioner's or respondent's family or household; and
14            (ii) the danger that any minor child will be abused
15        or neglected or improperly removed from the
16        jurisdiction, improperly concealed within the State or
17        improperly separated from the child's primary
18        caretaker.
19        (2) In comparing relative hardships resulting to the
20    parties from loss of possession of the family home, the
21    court shall consider relevant factors, including but not
22    limited to the following:
23            (i) availability, accessibility, cost, safety,
24        adequacy, location and other characteristics of
25        alternate housing for each party and any minor child or
26        dependent adult in the party's care;

 

 

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1            (ii) the effect on the party's employment; and
2            (iii) the effect on the relationship of the party,
3        and any minor child or dependent adult in the party's
4        care, to family, school, church and community.
5        (3) Subject to the exceptions set forth in paragraph
6    (4) of this subsection, the court shall make its findings
7    in an official record or in writing, and shall at a minimum
8    set forth the following:
9            (i) That the court has considered the applicable
10        relevant factors described in paragraphs (1) and (2) of
11        this subsection.
12            (ii) Whether the conduct or actions of respondent,
13        unless prohibited, will likely cause irreparable harm
14        or continued abuse.
15            (iii) Whether it is necessary to grant the
16        requested relief in order to protect petitioner or
17        other alleged abused persons.
18        (4) For purposes of issuing an ex parte emergency order
19    of protection, the court, as an alternative to or as a
20    supplement to making the findings described in paragraphs
21    (c)(3)(i) through (c)(3)(iii) of this subsection, may use
22    the following procedure:
23        When a verified petition for an emergency order of
24    protection in accordance with the requirements of Sections
25    203 and 217 is presented to the court, the court shall
26    examine petitioner on oath or affirmation. An emergency

 

 

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1    order of protection shall be issued by the court if it
2    appears from the contents of the petition and the
3    examination of petitioner that the averments are
4    sufficient to indicate abuse by respondent and to support
5    the granting of relief under the issuance of the emergency
6    order of protection.
7        (5) Never married parties. No rights or
8    responsibilities for a minor child born outside of marriage
9    attach to a putative father until a father and child
10    relationship has been established under the Illinois
11    Parentage Act of 1984, the Illinois Public Aid Code,
12    Section 12 of the Vital Records Act, the Juvenile Court Act
13    of 1987, the Probate Act of 1985, the Revised Uniform
14    Reciprocal Enforcement of Support Act, the Uniform
15    Interstate Family Support Act, the Expedited Child Support
16    Act of 1990, any judicial, administrative, or other act of
17    another state or territory, any other Illinois statute, or
18    by any foreign nation establishing the father and child
19    relationship, any other proceeding substantially in
20    conformity with the Personal Responsibility and Work
21    Opportunity Reconciliation Act of 1996 (Pub. L. 104-193),
22    or where both parties appeared in open court or at an
23    administrative hearing acknowledging under oath or
24    admitting by affirmation the existence of a father and
25    child relationship. Absent such an adjudication, finding,
26    or acknowledgement, no putative father shall be granted

 

 

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1    temporary custody of the minor child, visitation with the
2    minor child, or physical care and possession of the minor
3    child, nor shall an order of payment for support of the
4    minor child be entered.
5    (d) Balance of hardships; findings. If the court finds that
6the balance of hardships does not support the granting of a
7remedy governed by paragraph (2), (3), (10), (11), or (16) of
8subsection (b) of this Section, which may require such
9balancing, the court's findings shall so indicate and shall
10include a finding as to whether granting the remedy will result
11in hardship to respondent that would substantially outweigh the
12hardship to petitioner from denial of the remedy. The findings
13shall be an official record or in writing.
14    (e) Denial of remedies. Denial of any remedy shall not be
15based, in whole or in part, on evidence that:
16        (1) Respondent has cause for any use of force, unless
17    that cause satisfies the standards for justifiable use of
18    force provided by Article VII of the Criminal Code of 1961;
19        (2) Respondent was voluntarily intoxicated;
20        (3) Petitioner acted in self-defense or defense of
21    another, provided that, if petitioner utilized force, such
22    force was justifiable under Article VII of the Criminal
23    Code of 1961;
24        (4) Petitioner did not act in self-defense or defense
25    of another;
26        (5) Petitioner left the residence or household to avoid

 

 

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1    further abuse, neglect, or exploitation by respondent;
2        (6) Petitioner did not leave the residence or household
3    to avoid further abuse, neglect, or exploitation by
4    respondent;
5        (7) Conduct by any family or household member excused
6    the abuse, neglect, or exploitation by respondent, unless
7    that same conduct would have excused such abuse, neglect,
8    or exploitation if the parties had not been family or
9    household members.
10(Source: P.A. 95-234, eff. 1-1-08; 95-773, eff. 1-1-09; 96-701,
11eff. 1-1-10; 96-1239, eff. 1-1-11.)
 
12    (750 ILCS 60/223)  (from Ch. 40, par. 2312-23)
13    (Text of Section before amendment by P.A. 96-1551)
14    Sec. 223. Enforcement of orders of protection.
15    (a) When violation is crime. A violation of any order of
16protection, whether issued in a civil or criminal proceeding,
17shall be enforced by a criminal court when:
18        (1) The respondent commits the crime of violation of an
19    order of protection pursuant to Section 12-30 of the
20    Criminal Code of 1961, by having knowingly violated:
21            (i) remedies described in paragraphs (1), (2),
22        (3), (14), or (14.5) of subsection (b) of Section 214
23        of this Act; or
24            (ii) a remedy, which is substantially similar to
25        the remedies authorized under paragraphs (1), (2),

 

 

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1        (3), (14), and (14.5) of subsection (b) of Section 214
2        of this Act, in a valid order of protection which is
3        authorized under the laws of another state, tribe, or
4        United States territory; or
5            (iii) any other remedy when the act constitutes a
6        crime against the protected parties as defined by the
7        Criminal Code of 1961.
8        Prosecution for a violation of an order of protection
9    shall not bar concurrent prosecution for any other crime,
10    including any crime that may have been committed at the
11    time of the violation of the order of protection; or
12        (2) The respondent commits the crime of child abduction
13    pursuant to Section 10-5 of the Criminal Code of 1961, by
14    having knowingly violated:
15            (i) remedies described in paragraphs (5), (6) or
16        (8) of subsection (b) of Section 214 of this Act; or
17            (ii) a remedy, which is substantially similar to
18        the remedies authorized under paragraphs (5), (6), or
19        (8) of subsection (b) of Section 214 of this Act, in a
20        valid order of protection which is authorized under the
21        laws of another state, tribe, or United States
22        territory.
23    (b) When violation is contempt of court. A violation of any
24valid Illinois order of protection, whether issued in a civil
25or criminal proceeding, may be enforced through civil or
26criminal contempt procedures, as appropriate, by any court with

 

 

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1jurisdiction, regardless where the act or acts which violated
2the order of protection were committed, to the extent
3consistent with the venue provisions of this Act. Nothing in
4this Act shall preclude any Illinois court from enforcing any
5valid order of protection issued in another state. Illinois
6courts may enforce orders of protection through both criminal
7prosecution and contempt proceedings, unless the action which
8is second in time is barred by collateral estoppel or the
9constitutional prohibition against double jeopardy.
10        (1) In a contempt proceeding where the petition for a
11    rule to show cause sets forth facts evidencing an immediate
12    danger that the respondent will flee the jurisdiction,
13    conceal a child, or inflict physical abuse on the
14    petitioner or minor children or on dependent adults in
15    petitioner's care, the court may order the attachment of
16    the respondent without prior service of the rule to show
17    cause or the petition for a rule to show cause. Bond shall
18    be set unless specifically denied in writing.
19        (2) A petition for a rule to show cause for violation
20    of an order of protection shall be treated as an expedited
21    proceeding.
22    (b-1) The court shall not hold a school district or private
23or non-public school or any of its employees in civil or
24criminal contempt unless the school district or private or
25non-public school has been allowed to intervene.
26    (b-2) The court may hold the parents, guardian, or legal

 

 

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1custodian of a minor respondent in civil or criminal contempt
2for a violation of any provision of any order entered under
3this Act for conduct of the minor respondent in violation of
4this Act if the parents, guardian, or legal custodian directed,
5encouraged, or assisted the respondent minor in such conduct.
6    (c) Violation of custody or support orders. A violation of
7remedies described in paragraphs (5), (6), (8), or (9) of
8subsection (b) of Section 214 of this Act may be enforced by
9any remedy provided by Section 611 of the Illinois Marriage and
10Dissolution of Marriage Act. The court may enforce any order
11for support issued under paragraph (12) of subsection (b) of
12Section 214 in the manner provided for under Parts V and VII of
13the Illinois Marriage and Dissolution of Marriage Act.
14    (d) Actual knowledge. An order of protection may be
15enforced pursuant to this Section if the respondent violates
16the order after the respondent has actual knowledge of its
17contents as shown through one of the following means:
18        (1) By service, delivery, or notice under Section 210.
19        (2) By notice under Section 210.1 or 211.
20        (3) By service of an order of protection under Section
21    222.
22        (4) By other means demonstrating actual knowledge of
23    the contents of the order.
24    (e) The enforcement of an order of protection in civil or
25criminal court shall not be affected by either of the
26following:

 

 

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1        (1) The existence of a separate, correlative order,
2    entered under Section 215.
3        (2) Any finding or order entered in a conjoined
4    criminal proceeding.
5    (f) Circumstances. The court, when determining whether or
6not a violation of an order of protection has occurred, shall
7not require physical manifestations of abuse on the person of
8the victim.
9    (g) Penalties.
10        (1) Except as provided in paragraph (3) of this
11    subsection, where the court finds the commission of a crime
12    or contempt of court under subsections (a) or (b) of this
13    Section, the penalty shall be the penalty that generally
14    applies in such criminal or contempt proceedings, and may
15    include one or more of the following: incarceration,
16    payment of restitution, a fine, payment of attorneys' fees
17    and costs, or community service.
18        (2) The court shall hear and take into account evidence
19    of any factors in aggravation or mitigation before deciding
20    an appropriate penalty under paragraph (1) of this
21    subsection.
22        (3) To the extent permitted by law, the court is
23    encouraged to:
24            (i) increase the penalty for the knowing violation
25        of any order of protection over any penalty previously
26        imposed by any court for respondent's violation of any

 

 

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1        order of protection or penal statute involving
2        petitioner as victim and respondent as defendant;
3            (ii) impose a minimum penalty of 24 hours
4        imprisonment for respondent's first violation of any
5        order of protection; and
6            (iii) impose a minimum penalty of 48 hours
7        imprisonment for respondent's second or subsequent
8        violation of an order of protection
9    unless the court explicitly finds that an increased penalty
10    or that period of imprisonment would be manifestly unjust.
11        (4) In addition to any other penalties imposed for a
12    violation of an order of protection, a criminal court may
13    consider evidence of any violations of an order of
14    protection:
15            (i) to increase, revoke or modify the bail bond on
16        an underlying criminal charge pursuant to Section
17        110-6 of the Code of Criminal Procedure of 1963;
18            (ii) to revoke or modify an order of probation,
19        conditional discharge or supervision, pursuant to
20        Section 5-6-4 of the Unified Code of Corrections;
21            (iii) to revoke or modify a sentence of periodic
22        imprisonment, pursuant to Section 5-7-2 of the Unified
23        Code of Corrections.
24        (5) In addition to any other penalties, the court shall
25    impose an additional fine of $20 as authorized by Section
26    5-9-1.11 of the Unified Code of Corrections upon any person

 

 

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1    convicted of or placed on supervision for a violation of an
2    order of protection. The additional fine shall be imposed
3    for each violation of this Section.
4(Source: P.A. 95-331, eff. 8-21-07.)
 
5    (Text of Section after amendment by P.A. 96-1551)
6    Sec. 223. Enforcement of orders of protection.
7    (a) When violation is crime. A violation of any order of
8protection, whether issued in a civil or criminal proceeding,
9shall be enforced by a criminal court when:
10        (1) The respondent commits the crime of violation of an
11    order of protection pursuant to Section 12-3.4 or 12-30 of
12    the Criminal Code of 1961, by having knowingly violated:
13            (i) remedies described in paragraphs (1), (2),
14        (3), (14), or (14.5) of subsection (b) of Section 214
15        of this Act; or
16            (ii) a remedy, which is substantially similar to
17        the remedies authorized under paragraphs (1), (2),
18        (3), (14), and (14.5) of subsection (b) of Section 214
19        of this Act, in a valid order of protection which is
20        authorized under the laws of another state, tribe, or
21        United States territory; or
22            (iii) any other remedy when the act constitutes a
23        crime against the protected parties as defined by the
24        Criminal Code of 1961.
25        Prosecution for a violation of an order of protection

 

 

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1    shall not bar concurrent prosecution for any other crime,
2    including any crime that may have been committed at the
3    time of the violation of the order of protection; or
4        (2) The respondent commits the crime of child abduction
5    pursuant to Section 10-5 of the Criminal Code of 1961, by
6    having knowingly violated:
7            (i) remedies described in paragraphs (5), (6) or
8        (8) of subsection (b) of Section 214 of this Act; or
9            (ii) a remedy, which is substantially similar to
10        the remedies authorized under paragraphs (5), (6), or
11        (8) of subsection (b) of Section 214 of this Act, in a
12        valid order of protection which is authorized under the
13        laws of another state, tribe, or United States
14        territory.
15    (b) When violation is contempt of court. A violation of any
16valid Illinois order of protection, whether issued in a civil
17or criminal proceeding, may be enforced through civil or
18criminal contempt procedures, as appropriate, by any court with
19jurisdiction, regardless where the act or acts which violated
20the order of protection were committed, to the extent
21consistent with the venue provisions of this Act. Nothing in
22this Act shall preclude any Illinois court from enforcing any
23valid order of protection issued in another state. Illinois
24courts may enforce orders of protection through both criminal
25prosecution and contempt proceedings, unless the action which
26is second in time is barred by collateral estoppel or the

 

 

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1constitutional prohibition against double jeopardy.
2        (1) In a contempt proceeding where the petition for a
3    rule to show cause sets forth facts evidencing an immediate
4    danger that the respondent will flee the jurisdiction,
5    conceal a child, or inflict physical abuse on the
6    petitioner or minor children or on dependent adults in
7    petitioner's care, the court may order the attachment of
8    the respondent without prior service of the rule to show
9    cause or the petition for a rule to show cause. Bond shall
10    be set unless specifically denied in writing.
11        (2) A petition for a rule to show cause for violation
12    of an order of protection shall be treated as an expedited
13    proceeding.
14    (b-1) The court shall not hold a school district or private
15or non-public school or any of its employees in civil or
16criminal contempt unless the school district or private or
17non-public school has been allowed to intervene.
18    (b-2) The court may hold the parents, guardian, or legal
19custodian of a minor respondent in civil or criminal contempt
20for a violation of any provision of any order entered under
21this Act for conduct of the minor respondent in violation of
22this Act if the parents, guardian, or legal custodian directed,
23encouraged, or assisted the respondent minor in such conduct.
24    (c) Violation of custody or support orders. A violation of
25remedies described in paragraphs (5), (6), (8), or (9) of
26subsection (b) of Section 214 of this Act may be enforced by

 

 

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1any remedy provided by Section 611 of the Illinois Marriage and
2Dissolution of Marriage Act. The court may enforce any order
3for support issued under paragraph (12) of subsection (b) of
4Section 214 in the manner provided for under Parts V and VII of
5the Illinois Marriage and Dissolution of Marriage Act.
6    (d) Actual knowledge. An order of protection may be
7enforced pursuant to this Section if the respondent violates
8the order after the respondent has actual knowledge of its
9contents as shown through one of the following means:
10        (1) By service, delivery, or notice under Section 210.
11        (2) By notice under Section 210.1 or 211.
12        (3) By service of an order of protection under Section
13    222.
14        (4) By other means demonstrating actual knowledge of
15    the contents of the order.
16    (e) The enforcement of an order of protection in civil or
17criminal court shall not be affected by either of the
18following:
19        (1) The existence of a separate, correlative order,
20    entered under Section 215.
21        (2) Any finding or order entered in a conjoined
22    criminal proceeding.
23    (f) Circumstances. The court, when determining whether or
24not a violation of an order of protection has occurred, shall
25not require physical manifestations of abuse on the person of
26the victim.

 

 

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1    (g) Penalties.
2        (1) Except as provided in paragraph (3) of this
3    subsection, where the court finds the commission of a crime
4    or contempt of court under subsections (a) or (b) of this
5    Section, the penalty shall be the penalty that generally
6    applies in such criminal or contempt proceedings, and may
7    include one or more of the following: incarceration,
8    payment of restitution, a fine, payment of attorneys' fees
9    and costs, or community service.
10        (2) The court shall hear and take into account evidence
11    of any factors in aggravation or mitigation before deciding
12    an appropriate penalty under paragraph (1) of this
13    subsection.
14        (3) To the extent permitted by law, the court is
15    encouraged to:
16            (i) increase the penalty for the knowing violation
17        of any order of protection over any penalty previously
18        imposed by any court for respondent's violation of any
19        order of protection or penal statute involving
20        petitioner as victim and respondent as defendant;
21            (ii) impose a minimum penalty of 24 hours
22        imprisonment for respondent's first violation of any
23        order of protection; and
24            (iii) impose a minimum penalty of 48 hours
25        imprisonment for respondent's second or subsequent
26        violation of an order of protection

 

 

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1    unless the court explicitly finds that an increased penalty
2    or that period of imprisonment would be manifestly unjust.
3        (4) In addition to any other penalties imposed for a
4    violation of an order of protection, a criminal court may
5    consider evidence of any violations of an order of
6    protection:
7            (i) to increase, revoke or modify the bail bond on
8        an underlying criminal charge pursuant to Section
9        110-6 of the Code of Criminal Procedure of 1963;
10            (ii) to revoke or modify an order of probation,
11        conditional discharge or supervision, pursuant to
12        Section 5-6-4 of the Unified Code of Corrections;
13            (iii) to revoke or modify a sentence of periodic
14        imprisonment, pursuant to Section 5-7-2 of the Unified
15        Code of Corrections.
16        (5) In addition to any other penalties, the court shall
17    impose an additional fine of $20 as authorized by Section
18    5-9-1.11 of the Unified Code of Corrections upon any person
19    convicted of or placed on supervision for a violation of an
20    order of protection. The additional fine shall be imposed
21    for each violation of this Section.
22(Source: P.A. 95-331, eff. 8-21-07; 96-1551, eff. 7-1-11.)