(725 ILCS 5/111-6) (from Ch. 38, par. 111-6)
Sec. 111-6.
Bill
of particulars.
When an indictment, information or complaint charges an offense in
accordance with the provisions of Section 111-3 of this Code but fails to
specify the particulars of the offense sufficiently to enable the defendant
to prepare his defense the court may, on written motion of the defendant,
require the State's Attorney to furnish the defendant with a Bill of
Particulars containing such particulars as may be necessary for the
preparation of the defense. At the trial of the cause the State's evidence
shall be confined to the particulars of the bill.
(Source: Laws 1963, p. 2836.)
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(725 ILCS 5/111-7) (from Ch. 38, par. 111-7)
Sec. 111-7.
Loss
of charge.
When an indictment, information or complaint which has been returned or
presented to a court as authorized by law has become illegible or cannot be
produced at the arraignment or trial the defendant may be arraigned and
tried on a copy thereof certified by the clerk of the court.
(Source: Laws 1963, p. 2836.)
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(725 ILCS 5/111-8) (from Ch. 38, par. 111-8)
Sec. 111-8. Orders of protection to prohibit domestic violence.
(a) Whenever
a violation of Section 9-1, 9-2, 9-3, 10-3, 10-3.1, 10-4, 10-5, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14.3 that involves soliciting for a prostitute, 11-14.4 that involves soliciting for a juvenile prostitute, 11-15, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, 11-20a, 12-1,
12-2,
12-3, 12-3.05, 12-3.2, 12-3.3, 12-3.5, 12-4, 12-4.1, 12-4.3,
12-4.6, 12-5, 12-6, 12-6.3, 12-7.3, 12-7.4, 12-7.5, 12-11, 12-13, 12-14, 12-14.1, 12-15, 12-16, 19-4, 19-6, 21-1, 21-2, 21-3, or 26.5-2
of the Criminal Code of 1961 or the Criminal Code of 2012 or Section 1-1 of the Harassing and Obscene Communications Act is alleged in an information, complaint or indictment
on file, and the alleged offender and victim are family or household members,
as defined in the Illinois Domestic Violence Act of 1986, as now or hereafter amended,
the People through the respective State's Attorneys may by separate petition
and upon notice to the defendant, except as provided in subsection (c) herein,
request the court to issue an order of protection.
(b) In addition to any other remedies specified in Section 208 of the
Illinois Domestic Violence Act of 1986, as now or hereafter amended, the order may
direct the defendant
to initiate no contact with the alleged victim or victims who are family
or household members and to refrain from entering the residence, school
or place of business of the alleged victim or victims.
(c) The court may grant emergency relief without notice upon a showing
of immediate and present danger of abuse to the victim or minor children of the
victim and may enter a temporary order pending notice and full hearing on the
matter.
(Source: P.A. 99-642, eff. 7-28-16.) |
(725 ILCS 5/Art. 112 heading) ARTICLE 112.
GRAND JURY
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(725 ILCS 5/112-1) (from Ch. 38, par. 112-1)
Sec. 112-1.
Selection and qualification.
The grand jurors shall be summoned, drawn, qualified and certified
according to law.
(Source: Laws 1963, p. 2836 .)
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(725 ILCS 5/112-2) (from Ch. 38, par. 112-2)
Sec. 112-2.
Impaneling the Grand Jury.
(a) The Grand Jury shall consist
of 16 persons, 12 of whom shall be necessary to constitute a quorum.
(b) The Grand Jury shall be impaneled, sworn and instructed as to its
duties by the court. The court shall select and swear one of the grand
jurors to serve as foreman.
(c) Before the Grand Jury shall enter upon the discharge of their duties
the following oath shall be administered to the jurors:
"You and each of you do solemnly swear (or affirm, as the case may be),
that you will diligently inquire into and true presentment make of all such
matters and things as shall be given you in charge, or shall otherwise come
to your knowledge, touching the present service; you shall present no
person through malice, hatred or ill-will; nor shall you leave any
unpresented through fear, favor, affection, or for any fee or reward, or
for any hope or promise thereof; but in all of your presentments, you shall
present the truth, the whole truth, and nothing but the truth, according to
the best of your skill and understanding; so help you God."
(Source: P.A. 85-690.)
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(725 ILCS 5/112-3) (from Ch. 38, par. 112-3)
Sec. 112-3.
Duration of Grand Jury.
(a) In counties with a population in excess of 1,000,000 a Grand Jury
shall be convened, impaneled and sworn, and shall commence the performance
of its duties for an indeterminate period, on the first Monday of each
month. In such counties a Grand Jury shall serve until discharged by the
court, except that no Grand Jury shall serve in excess of 18 months and not
more than 6 Grand Juries shall sit at the same time.
In counties with a population in excess of 225,000 but less than 1,000,000
a Grand Jury may be convened, empaneled, and sworn and may sit at such times
and for such periods as the circuit court may order on its own motion or that
of the State's Attorney. No Grand Jury shall serve in excess of 18
months and not more than 2 Grand Juries shall sit at the same time.
(b) In all other counties the Grand Jury shall be called and sit at such
times and for such periods as the circuit court may order on its own motion
or that of the State's Attorney; provided, that no Grand Jury shall sit for
a period in excess of 18 months and, provided further, that no more than
one Grand Jury shall sit at the same time.
(c) At any time for cause shown the court may excuse a grand juror
either temporarily or permanently and, if permanently, may impanel another
person in place of the grand juror excused.
(Source: P.A. 88-31.)
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(725 ILCS 5/112-4) (from Ch. 38, par. 112-4)
Sec. 112-4.
Duties of Grand Jury and State's Attorney.) (a) The Grand
Jury shall hear all evidence presented by the State's Attorney.
(b) The Grand Jury has the right to subpoena and question any person
against whom the State's Attorney is seeking a Bill of Indictment, or any
other person, and to obtain and examine any documents or transcripts
relevant to the matter being prosecuted by the State's Attorney.
Prior to the commencement of its duties and, again, before the
consideration of each matter or charge before the Grand Jury, the
State's Attorney shall inform the Grand Jury of these rights.
In cases where the initial charge has been commenced by information or
complaint and a finding of no probable cause has resulted as to any offense
charged therein, the Grand Jury shall be informed of the finding entered
at the preliminary hearing and further advised that such finding shall not
bar the State from initiating new charges by indictment, information or
complaint if the State's Attorney has reasonable grounds to believe that
the evidence available at that time is sufficient to establish probable
cause. In such cases, the Grand Jury shall be further advised that it has
the right to subpoena and question any witness who testified at the preliminary
hearing, or who is believed to have knowledge of such offense, and of its
right to obtain and examine the testimony heard at the preliminary hearing,
either through the production of a transcript of the proceedings, or through
the verbatim testimony of the court reporter who attended the preliminary
hearing. The State's Attorney shall file an affidavit as part of the Grand
Jury record indicating whether the jurors were advised of such previous
findings of no probable cause and of their rights based upon such previous finding.
Any person subpoenaed who is already charged with an offense or
against whom the State's Attorney is seeking a Bill of Indictment shall
have the right to be accompanied by counsel who shall advise him of his
rights during the proceedings but may not participate in any other way.
Before any testimony is given by such a person, he shall be informed
that he has the right to refuse to answer any question that will tend to
incriminate him, that anything he says may be used against him in a
court of law, that he has the right to be accompanied and advised of his
rights by counsel, and that he will have counsel appointed for him if he
cannot afford one.
(c) The foreman shall preside over all hearings and swear all
witnesses. Except where otherwise provided by this Article, the foreman
may delegate duties to other grand jurors and determine rules of
procedure.
(d) If 9 grand jurors concur that the evidence before them
constitutes probable cause that a person has committed an offense the
State's Attorney shall prepare a Bill of Indictment charging that person
with such offense. The foreman shall sign each Bill of Indictment which
shall be returned in open court.
(e) When the evidence presented to the Grand Jury does not warrant
the return of a Bill of Indictment, the State's Attorney may prepare a
written memorandum to such effect, entitled, "No Bill".
(Source: P.A. 85-690.)
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(725 ILCS 5/112-4.1) (from Ch. 38, par. 112-4.1)
Sec. 112-4.1.
Any person appearing before the grand jury shall have the
right to be accompanied by counsel who shall advise him of his rights but
shall not participate in any other way.
(Source: P.A. 81-1112.)
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(725 ILCS 5/112-5) (from Ch. 38, par. 112-5)
Sec. 112-5.
Duties of others.
(a) The clerk of the court shall keep such
records of Bills of Indictments and No Bills as may be prescribed by Rule
of the Supreme Court.
(b) The court may appoint an investigator or investigators
on petition showing good cause for same and signed by the
foreman and 8 other grand jurors. The duties and tenure of
appointment of such investigator or investigators shall be
determined by the court.
(Source: P.A. 85-690.)
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(725 ILCS 5/112-6) (from Ch. 38, par. 112-6)
Sec. 112-6.
Secrecy of proceedings.) (a) Only the State's Attorney, his
reporter and any other person authorized by the court or by law
may attend the sessions of the Grand Jury. Only the
grand jurors shall be present during the deliberations and vote of the
Grand Jury. If no reporter is assigned by the State's Attorney to attend
the sessions of the Grand Jury, the court shall appoint such reporter.
(b) Matters other than the deliberations and vote of any grand juror
shall not be disclosed by the State's Attorney, except as otherwise
provided for in subsection (c). The court may direct that a Bill of
Indictment be kept secret until the defendant is in custody or has given
bail and in either event the clerk shall seal the Bill of Indictment and no
person shall disclose the finding of the Bill of Indictment except when
necessary for the issuance and execution of a warrant.
(c) (1) Disclosure otherwise prohibited by this Section of matters
occurring before the Grand Jury, other than its deliberations and the vote
of any grand juror, may be made to:
a. a State's Attorney for use in the performance of such State's
Attorney's duty; and
b. such government personnel as are deemed necessary by the State's
Attorney in the performance of such State's Attorney's duty to enforce
State criminal law.
(2) Any person to whom matters are disclosed under paragraph (1) of this
subsection (c) shall not use the Grand Jury material for any purpose other
than assisting the State's Attorney in the performance of such State's
Attorney's duty to enforce State criminal law. The State's Attorney shall
promptly provide the court, before which was impaneled the Grand Jury whose
material has been disclosed, with the names of the persons to whom such
disclosure has been made.
(3) Disclosure otherwise prohibited by this Section of matters occurring
before the Grand Jury may also be made when the court, preliminary to or in
connection with a judicial proceeding, directs such in the interests of
justice or when a law so directs.
(d) Any grand juror or officer of the court who discloses, other than to
his attorney, matters occurring before the Grand Jury other than in
accordance with the provisions of this subsection or Section 112-7 shall be
punished as a contempt of court, subject to proceedings in accordance to law.
(Source: P.A. 85-690.)
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(725 ILCS 5/112-7) (from Ch. 38, par. 112-7)
Sec. 112-7.
A transcript shall be made of all questions asked of and
answers given by witnesses before the grand jury.
(Source: P.A. 79-669.)
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(725 ILCS 5/112-8)
Sec. 112-8.
Destroyed instrument.
When an instrument
that is the subject of an indictment
has been destroyed or withheld by the act or procurement of the defendant, and
the fact of the destruction or withholding is alleged in the
indictment and
established on trial, the accused shall not be acquitted on account of any
misdescription of the instrument so withheld or destroyed.
(Source: P.A. 89-234, eff. 1-1-96.)
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(725 ILCS 5/Art. 112A heading)
ARTICLE 112A. PROTECTIVE ORDERS
(Source: P.A. 100-199, eff. 1-1-18 .)
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(725 ILCS 5/112A-1) (from Ch. 38, par. 112A-1)
Sec. 112A-1.
(Repealed).
(Source: P.A. 84-1305. Repealed by P.A. 100-199, eff. 1-1-18.)
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(725 ILCS 5/112A-1.5) Sec. 112A-1.5. Purpose and construction. The purpose of this Article is to protect the safety of victims of domestic violence, sexual assault, sexual abuse, and stalking and the safety of their family and household members; and to minimize the trauma and inconvenience associated with attending separate and multiple civil court proceedings to obtain protective orders. This Article shall be interpreted in accordance with the constitutional rights of crime victims set forth in Article I, Section 8.1 of the Illinois Constitution, the purposes set forth in Section 2 of the Rights of Crime Victims and Witnesses Act, and the use of protective orders to implement the victim's right to be reasonably protected from the defendant as provided in Section 4.5 of the Rights of Victims and Witnesses Act.
(Source: P.A. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18.) |
(725 ILCS 5/112A-2) (from Ch. 38, par. 112A-2)
Sec. 112A-2. (Repealed).
(Source: P.A. 98-558, eff. 1-1-14. Repealed by P.A. 100-199, eff. 1-1-18.)
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(725 ILCS 5/112A-2.5) Sec. 112A-2.5. Types of protective orders. The following protective orders may be entered in conjunction with a delinquency petition or a criminal prosecution: (1) a domestic violence order of protection in cases | ||
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(2) a civil no contact order in cases involving | ||
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(3) a stalking no contact order in cases involving | ||
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(Source: P.A. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18.) |
(725 ILCS 5/112A-3) (from Ch. 38, par. 112A-3)
Sec. 112A-3. Definitions. (a) In this Article: "Advocate" means a person whose communications with the victim are privileged under Section 8-802.1 or 8-802.2 of the Code of Civil Procedure or Section 227 of the Illinois Domestic Violence Act of 1986. "Named victim" means the person named as the victim in the delinquency petition or criminal prosecution. "Protective order" means a domestic violence order of protection, a civil no contact order, or a stalking no contact order.
(b) For the purposes of domestic violence cases, the following terms shall have the following meanings in this Article: (1) "Abuse" means physical abuse, harassment, | ||
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(2) "Domestic violence" means abuse as described in | ||
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(3) "Family or household members" include spouses, | ||
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(4) "Harassment" means knowing conduct which is not | ||
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(i) creating a disturbance at petitioner's place | ||
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(ii) repeatedly telephoning petitioner's place of | ||
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(iii) repeatedly following petitioner about in a | ||
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(iv) repeatedly keeping petitioner under | ||
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(v) improperly concealing a minor child from | ||
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(vi) threatening physical force, confinement or | ||
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(5) "Interference with personal liberty" means | ||
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(6) "Intimidation of a dependent" means subjecting a | ||
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(7) "Order of protection" or "domestic violence order | ||
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(8) "Petitioner" may mean not only any named | ||
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(9) "Physical abuse" includes sexual abuse and means | ||
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(i) knowing or reckless use of physical force, | ||
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(ii) knowing, repeated and unnecessary sleep | ||
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(iii) knowing or reckless conduct which creates | ||
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(9.3) "Respondent" in a petition for a domestic | ||
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(9.5) "Stay away" means for the respondent to refrain | ||
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(10) "Willful deprivation" means wilfully denying a | ||
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(c) For the purposes of cases involving sexual offenses, the following terms shall have the following meanings in this Article: (1) "Civil no contact order" means an ex parte or | ||
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(2) "Family or household members" include spouses, | ||
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(3) "Non-consensual" means a lack of freely given | ||
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(4) "Petitioner" means not only any named petitioner | ||
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(5) "Respondent" in a petition for a civil no | ||
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(6) "Sexual conduct" means any intentional or | ||
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(7) "Sexual penetration" means any contact, however | ||
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(8) "Stay away" means to refrain from both physical | ||
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(d) For the purposes of cases involving stalking offenses, the following terms shall have the following meanings in this Article: (1) "Course of conduct" means 2 or more acts, | ||
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(2) "Emotional distress" means significant mental | ||
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(3) "Contact" includes any contact with the victim, | ||
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(4) "Petitioner" means any named petitioner for the | ||
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(5) "Reasonable person" means a person in the | ||
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(6) "Respondent" in a petition for a civil no | ||
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(7) "Stalking" means engaging in a course of conduct | ||
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(8) "Stalking no contact order" means an ex parte or | ||
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(Source: P.A. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18.)
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(725 ILCS 5/112A-4) (from Ch. 38, par. 112A-4)
Sec. 112A-4. Persons protected by this Article.
(a) The following persons are protected by
this Article in cases involving domestic violence:
(1) any person abused by a family or household member;
(2) any minor child or dependent adult in the care of | ||
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(3) any person residing or employed at a private home | ||
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(4) any of the following persons if the person is | ||
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(i) a foster parent of that child if the child | ||
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(ii) a legally appointed guardian or legally | ||
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(iii) an adoptive parent of that child; or (iv) a prospective adoptive parent of that child | ||
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For purposes of this paragraph (a)(4), individuals | ||
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(a-5) The following persons are protected by this Article in cases involving sexual offenses: (1) any victim of non-consensual sexual conduct or | ||
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(2) any family or household member of the named | ||
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(3) any employee of or volunteer at a rape crisis | ||
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(a-10) The following persons are protected by this Article in cases involving stalking offenses: (1) any victim of stalking; and (2) any family or household member of the named | ||
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(b) (Blank).
(Source: P.A. 100-199, eff. 1-1-18; 100-639, eff. 1-1-19 .)
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(725 ILCS 5/112A-4.5) Sec. 112A-4.5. Who may file petition. (a) A petition for a domestic violence order of protection may be filed: (1) by a named victim who has been abused by a family | ||
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(2) by any person or by the State's Attorney on | ||
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(3) by a State's Attorney on behalf of any minor | ||
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(4) any of the following persons if the person is | ||
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(i) a foster parent of that child if the child | ||
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(ii) a legally appointed guardian or legally | ||
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(iii) an adoptive parent of that child; (iv) a prospective adoptive parent of that child | ||
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For purposes of this paragraph (a)(4), individuals who would have been considered "family or household members" of the child under paragraph (3) of subsection (b) of Section 112A-3 before a termination of the parental rights with respect to the child continue to meet the definition of "family or household members" of the child. (b) A petition for a civil no contact order may be filed: (1) by any person who is a named victim of | ||
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(2) by a person or by the State's Attorney on behalf | ||
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(3) by a State's Attorney on behalf of any minor | ||
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(c) A petition for a stalking no contact order may be filed: (1) by any person who is a named victim of stalking; (2) by a person or by the State's Attorney on behalf | ||
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(3) by a State's Attorney on behalf of any minor | ||
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(d) The State's Attorney shall file a petition on behalf of any person who may file a petition under subsections (a), (b), or (c) of this Section if the person requests the State's Attorney to file a petition on the person's behalf, unless the State's Attorney has a good faith basis to delay filing the petition. The State's Attorney shall inform the person that the State's Attorney will not be filing the petition at that time and that the person may file a petition or may retain an attorney to file the petition. The State's Attorney may file the petition at a later date. (d-5) (1) A person eligible to file a petition under subsection (a), (b), or (c) of this Section may retain an attorney to represent the petitioner on the petitioner's request for a protective order. The attorney's representation is limited to matters related to the petition and relief authorized under this Article. (2) Advocates shall be allowed to accompany the petitioner and confer with the victim, unless otherwise directed by the court. Advocates are not engaged in the unauthorized practice of law when providing assistance to the petitioner. (e) Any petition properly
filed under this Article may seek
protection for any additional persons protected by this Article.
(Source: P.A. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18; 100-639, eff. 1-1-19; 101-81, eff. 7-12-19.) |
(725 ILCS 5/112A-5) (from Ch. 38, par. 112A-5)
Sec. 112A-5. Pleading; non-disclosure of address.
(a) A petition for a protective order shall be filed in conjunction with a delinquency petition or criminal prosecution, or in conjunction with imprisonment or a bond forfeiture warrant, provided the petition names a victim of the alleged crime. The petition may include a request for an ex parte protective order, a final protective order, or both. The petition shall be in writing and verified or accompanied by
affidavit
and shall allege that: (1) petitioner has been abused by respondent, who is | ||
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(2) respondent has engaged in non-consensual sexual | ||
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(3) petitioner has been stalked by respondent. The petition shall further set forth whether there is any other action between the petitioner and respondent. During the pendency of this proceeding, the petitioner and respondent have a continuing duty to inform the court of any subsequent proceeding for a protective order in this State or any other state. (a-5) The petition shall indicate whether an ex parte protective order, a protective order, or both are requested. If the respondent receives notice of a petition for a final protective order and the respondent requests a continuance to respond to the petition, the petitioner may, either orally or in writing, request an ex parte order.
(b) The petitioner shall not be required to disclose the petitioner's address. If the petition states that disclosure of petitioner's
address would risk abuse to or endanger the safety of petitioner or any member of petitioner's
family or household
or reveal the confidential address of a shelter for domestic violence victims,
that address may be omitted from all documents filed with the court.
(Source: P.A. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18.)
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(725 ILCS 5/112A-5.5) Sec. 112A-5.5. Time for filing petition; service on respondent, hearing on petition, and default orders. (a) A petition for a protective order may be filed at any time after a criminal charge or delinquency petition is filed and before the charge or delinquency petition is dismissed, the defendant or juvenile is acquitted, or the defendant or juvenile completes service of his or her sentence.
(b) The request for an ex parte protective order may be considered without notice to the respondent under Section 112A-17.5 of this Code. (c) A summons shall be issued and served for a protective order. The summons may be served by delivery to the respondent personally in open court in the criminal or juvenile delinquency proceeding, in the form prescribed by subsection (d) of Supreme Court Rule 101, except that it shall require respondent to answer or appear within 7 days. Attachments to the summons shall include the petition for protective order, supporting affidavits, if any, and any ex parte protective order that has been issued. (d) The summons shall be served by the sheriff or other law enforcement officer at the earliest time available and shall take precedence over any other summons, except those of a similar emergency nature. Attachments to the summons shall include the petition for protective order, supporting affidavits, if any, and any ex parte protective order that has been issued. Special process servers may be appointed at any time and their designation shall not affect the responsibilities and authority of the sheriff or other official process servers. In a county with a population over 3,000,000, a special process server may not be appointed if the protective order grants the surrender of a child, the surrender of a firearm or Firearm Owner's Identification Card, or the exclusive possession of a shared residence. (e) If the respondent is not served within 30 days of the filing of the petition, the court shall schedule a court proceeding on the issue of service. Either the petitioner, the petitioner's counsel, or the State's Attorney shall appear and the court shall either order continued attempts at personal service or shall order service by publication, in accordance with Sections 2-203, 2-206, and 2-207 of the Code of Civil Procedure. (f) The request for a final protective order can be considered at any court proceeding in the delinquency or criminal case after service of the petition. If the petitioner has not been provided notice of the court proceeding at least 10 days in advance of the proceeding, the court shall schedule a hearing on the petition and provide notice to the petitioner. (g) Default orders. (1) A final domestic violence order of protection may | ||
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(A) for any of the remedies sought in the | ||
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(B) for any of the remedies provided under | ||
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(2) A final civil no contact order may be entered by | ||
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(3) A final stalking no contact order may be entered | ||
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(Source: P.A. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18.) |
(725 ILCS 5/112A-6) (from Ch. 38, par. 112A-6)
Sec. 112A-6.
(Repealed).
(Source: P.A. 90-235, eff. 1-1-98. Repealed by P.A. 100-199, eff. 1-1-18.)
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(725 ILCS 5/112A-6.1) Sec. 112A-6.1. Application of rules of civil procedure; criminal law. (a) Any proceeding to obtain, modify, re-open, or appeal a protective order and service of pleadings and notices shall be governed by the rules of civil procedure of this State. The Code of Civil Procedure and Supreme Court and local court rules applicable to civil proceedings shall apply, except as otherwise provided by law. Civil law on venue, discovery, and penalties for untrue statements shall not apply to protective order proceedings heard under this Article. (b) Criminal law on discovery, venue, and penalties for untrue statements apply to protective order proceedings under this Article. (c) Court proceedings related to the entry of a protective order and the determination of remedies shall not be used to obtain discovery that would not otherwise be available in a criminal prosecution or juvenile delinquency case.
(Source: P.A. 100-597, eff. 6-29-18.) |
(725 ILCS 5/112A-7) (from Ch. 38, par. 112A-7)
Sec. 112A-7.
(Repealed).
(Source: P.A. 88-45. Repealed by P.A. 100-199, eff. 1-1-18.)
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(725 ILCS 5/112A-8) (from Ch. 38, par. 112A-8)
Sec. 112A-8. Subject matter jurisdiction. Each of the circuit courts
shall have the power to issue protective orders.
(Source: P.A. 100-597, eff. 6-29-18.)
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(725 ILCS 5/112A-9) (from Ch. 38, par. 112A-9)
Sec. 112A-9.
Jurisdiction over persons.
In child custody proceedings,
the court's personal jurisdiction is determined by this State's Uniform
Child-Custody Jurisdiction and Enforcement Act. Otherwise,
the courts of this State have jurisdiction to bind (i) State residents, and
(ii) non-residents having minimum contacts with this State, to the extent
permitted by the long-arm statute, Section 2-209 of the Code of Civil
Procedure, as now or hereafter amended.
(Source: P.A. 93-108, eff. 1-1-04.)
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(725 ILCS 5/112A-10) (from Ch. 38, par. 112A-10)
Sec. 112A-10. (Repealed).
(Source: P.A. 99-240, eff. 1-1-16. Repealed by P.A. 100-199, eff. 1-1-18.)
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(725 ILCS 5/112A-11) (from Ch. 38, par. 112A-11)
Sec. 112A-11.
(Repealed).
(Source: P.A. 84-1305. Repealed by P.A. 100-199, eff. 1-1-18.)
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(725 ILCS 5/112A-11.1) Sec. 112A-11.1. Procedure for determining whether certain misdemeanor crimes
are crimes of domestic violence for purposes of federal
law. (a) When a defendant has been charged with a violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or 12-3.5 of the Criminal Code of 1961 or the Criminal Code of 2012, the State may, at arraignment or no later than 45 days after arraignment, for the purpose of notification to the Department of State Police Firearm Owner's Identification Card Office, serve on the defendant and file with the court a notice alleging that conviction of the offense would subject the defendant to the prohibitions of 18 U.S.C. 922(g)(9) because of the relationship between the defendant and the alleged victim and the nature of the alleged offense. (b) The notice shall include the name of the person alleged to be the victim of the crime and shall specify the nature of the alleged relationship as set forth in 18 U.S.C. 921(a)(33)(A)(ii). It shall also specify the element of the charged offense which requires the use or attempted use of physical force, or the threatened use of a deadly weapon, as set forth 18 U.S.C. 921(a)(33)(A)(ii). It shall also include notice that the defendant is entitled to a hearing on the allegation contained in the notice and that if the allegation is sustained, that determination and conviction shall be reported to the Department of State Police Firearm Owner's Identification Card Office. (c) After having been notified as provided in subsection (b) of this Section, the defendant may stipulate or admit, orally on the record or in writing, that conviction of the offense would subject the defendant to the prohibitions of 18 U.S.C. 922(g)(9). In that case, the applicability of 18 U.S.C. 922(g)(9) shall be deemed established for purposes of Section 112A-11.2. If the defendant denies the applicability of 18 U.S.C. 922(g)(9) as alleged in the notice served by the State, or stands mute with respect to that allegation, then the State shall bear the burden to prove beyond a reasonable doubt that the offense is one to which the prohibitions of 18 U.S.C. 922(g)(9) apply. The court may consider reliable hearsay evidence submitted by either party provided that it is relevant to the determination of the allegation. Facts previously proven at trial or elicited at the time of entry of a plea of guilty shall be deemed established beyond a reasonable doubt and shall not be relitigated. At the conclusion of the hearing, or upon a stipulation or admission, as applicable, the court shall make a specific written determination with respect to the allegation.
(Source: P.A. 97-1131, eff. 1-1-13; 97-1150, eff. 1-25-13.) |
(725 ILCS 5/112A-11.2) Sec. 112A-11.2. Notification to the Department of State Police Firearm Owner's Identification Card Office of
determinations in certain misdemeanor cases. Upon judgment of conviction of a violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or 12-3.5 of the Criminal Code of 1961 or the Criminal Code of 2012 when the defendant has been determined, under Section 112A-11.1, to be subject to the prohibitions of 18 U.S.C. 922(g)(9), the circuit court clerk shall include notification and a copy of the written determination in a report of the conviction to the Department of State Police Firearm Owner's Identification Card Office to enable the office to report that determination to the Federal Bureau of Investigation and assist the Bureau in identifying persons prohibited from purchasing and possessing a firearm pursuant to the provisions of 18 U.S.C. 922.
(Source: P.A. 97-1131, eff. 1-1-13; 97-1150, eff. 1-25-13.) |
(725 ILCS 5/112A-11.5) Sec. 112A-11.5. Issuance of protective order. (a) Except as provided in subsection (a-5) of this Section, the court shall grant the petition and enter a protective order if the court finds prima facie evidence that a crime involving domestic violence, a sexual offense, or a crime involving stalking has been committed. The following shall be considered prima facie evidence of the crime: (1) an information, complaint, indictment, or | ||
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(2) an adjudication of delinquency, a finding of | ||
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(3) any dispositional order issued under Section | ||
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(4) the entry of a protective order in a separate | ||
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(a-5) The respondent may rebut prima facie evidence of the crime under paragraph (1) of subsection (a) of this Section by presenting evidence of a meritorious defense. The respondent shall file a written notice alleging a meritorious defense which shall be verified and supported by affidavit. The verified notice and affidavit shall set forth the evidence that will be presented at a hearing. If the court finds that the evidence presented at the hearing establishes a meritorious defense by a preponderance of the evidence, the court may decide not to issue a protective order. (b) The petitioner shall not be denied a protective order because the petitioner or the respondent is a minor. (c) The court, when determining whether or not to issue a protective order, may not require physical injury on the person of the victim.
(d) If the court issues a final protective order under this Section, the court shall afford the petitioner and respondent an opportunity to be heard on the remedies requested in the petition. (Source: P.A. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18.) |
(725 ILCS 5/112A-12) (from Ch. 38, par. 112A-12)
Sec. 112A-12. Transfer of issues not decided in cases involving domestic violence.
(a) (Blank).
(a-5) A petition for a domestic violence order of protection shall be treated as an expedited proceeding, and no court shall transfer or otherwise decline to decide all or part of the petition, except as otherwise provided in this Section. Nothing in this Section shall prevent the court from reserving issues when jurisdiction or notice requirements are not met. (b) A criminal court may decline to decide contested
issues of physical care and possession of a minor child, temporary allocation of parental responsibilities or significant decision-making responsibility, parenting time,
or family support, unless a decision on one or more of those
contested issues is necessary to
avoid the risk of abuse, neglect, removal from the State, or concealment
within the State of the child or of separation of the child from the primary
caretaker.
(c) The court shall transfer to the appropriate court or division any issue
it has
declined to decide. Any court may transfer any matter which must be
tried by jury to a more appropriate calendar or division.
(d) If the court transfers or otherwise declines to decide any issue,
judgment on that issue shall be expressly reserved and ruling on other
issues shall not be delayed or declined.
(Source: P.A. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18.)
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