705 ILCS 405/2-25
2021 Illinois Compiled Statutes|Chapter 705 - COURTS|705 ILCS 405/ - Juvenile Court Act of 1987.|Article II - Abused, Neglected Or Dependent Minors

 (from Ch. 37, par. 802-25)Sec. 2-25. Order of protection.(1) The court may make an order of  protection in assistance of or as a condition of any other order authorized  by this Act.  The order of protection shall be based on the health, safety  and best interests of the minor and may set forth reasonable conditions of  behavior to be observed for a specified period.  Such an order may require a  person:(a) to stay away from the home or the minor;(b) to permit a parent to visit the minor at stated     periods;(c) to abstain from offensive conduct against the     minor, his parent or any person to whom custody of the minor is awarded;(d) to give proper attention to the care of the home;(e) to cooperate in good faith with an agency to     which custody of a minor is entrusted by the court or with an agency or association to which the minor is referred by the court;(f) to prohibit and prevent any contact whatsoever     with the respondent minor by a specified individual or individuals who are alleged in either a criminal or juvenile proceeding to have caused injury to a respondent minor or a sibling of a respondent minor;(g) to refrain from acts of commission or omission     that tend to make the home not a proper place for the minor;(h) to refrain from contacting the minor and the     foster parents in any manner that is not specified in writing in the case plan.(2) The court shall enter an order of protection  to prohibit and prevent any contact between a respondent minor  or a sibling of a respondent minor and any person named in a petition  seeking an order of protection who has been convicted of  heinous battery or aggravated battery under subdivision (a)(2) of Section 12-3.05,  aggravated battery of a child or aggravated battery under subdivision (b)(1) of Section 12-3.05, criminal sexual assault, aggravated criminal sexual assault,  predatory criminal sexual assault of a child,  criminal sexual abuse, or aggravated criminal  sexual abuse as described in the Criminal Code of 1961 or the Criminal Code of 2012, or has been  convicted of an offense that resulted in the death of a child, or has  violated a previous order of protection under this Section.(3) When the court issues an order of protection against any person as  provided by this Section, the court shall direct a copy of such order to  the Sheriff of that county.  The Sheriff shall furnish a copy of the order of  protection to the Illinois State Police within 24 hours of  receipt, in the form and manner required by the Department.  The Illinois State Police shall maintain a complete record and index of such orders  of protection and make this data available to all local law enforcement  agencies.(4) After notice and opportunity for hearing afforded to a person  subject to an order of protection, the order may be modified or extended  for a further specified period or both or may be terminated if the court  finds that the health, safety, and best interests of the minor and the  public will be served  thereby.(5) An order of protection may be sought at any time during the course  of any proceeding conducted pursuant to this Act if such an order is  consistent with the  health, safety, and best interests of the minor.  Any person against whom  an order of protection is sought may retain counsel to represent him at a  hearing, and has rights to be present at the hearing, to be informed prior  to the hearing in writing of the contents of the petition seeking a  protective order and of the date, place and time of such hearing, and to  cross examine witnesses called by the petitioner and to present witnesses  and argument in opposition to the relief sought in the petition.(6) Diligent efforts shall be made by the petitioner to serve any person  or persons against whom any order of protection is sought with written  notice of the contents of the petition seeking a protective order and  of the date, place and time at which the hearing on the petition is to be  held.  When a protective order is being sought in conjunction with a  temporary custody hearing, if the court finds that the person against whom  the protective order is being sought has been notified of the hearing or  that diligent efforts have been made to notify such person, the court may  conduct a hearing.  If a protective order is sought at any time other than  in conjunction with a temporary custody hearing, the court may  not conduct  a hearing on the petition in the absence of the person against  whom the order is sought unless the petitioner has notified such person by  personal service at least  3 days before the hearing or has sent written  notice by first class mail to such person's last known address at least 5  days before the hearing.(7) A person against whom an order of protection is being sought who is  neither a parent, guardian, legal custodian or responsible relative as  described in Section 1-5 is not a party or respondent as defined in that  Section and shall not be entitled to the rights provided therein.  Such person does not have a right to appointed counsel or to be  present at any hearing other than the hearing in which the order of protection  is being sought or a hearing directly pertaining to that order.  Unless the  court orders otherwise, such person does not have a right to inspect the court  file.(8) All protective orders entered under this Section shall be in  writing.  Unless the person against whom the order was obtained was present  in court when the order was issued, the sheriff, other law enforcement  official or special process server shall  promptly serve that order upon that person and file proof of such service,  in the manner provided for service of process in civil proceedings.  The  person against whom the protective order was obtained may seek a  modification of the order by filing a written motion to modify the order  within 7 days after actual receipt by the person of a copy of the order.  Any  modification of the order granted by the court must be determined to be  consistent with the best interests of the minor.(9) If a petition is filed charging a violation of a condition contained in the  protective order and if the court determines that this violation is of a critical service necessary to the safety and welfare of the minor, the court may proceed to findings and an order for temporary custody.  (Source: P.A. 102-538, eff. 8-20-21.)