725 ILCS 5/112A-23
2021 Illinois Compiled Statutes|Chapter 725 - CRIMINAL PROCEDURE|725 ILCS 5/ - Code of Criminal Procedure of 1963.|Title IV - Proceedings To Commence Prosecution

 (from Ch. 38, par. 112A-23)(Text of Section from P.A. 101-652)Sec. 112A-23. Enforcement of protective orders.(a) When violation is crime. A violation of any protective order,  whether issued in a civil, quasi-criminal proceeding, shall be  enforced by a  criminal court when:(1) The respondent commits the crime of violation of     a domestic violence order of protection pursuant to Section 12-3.4 or 12-30 of the Criminal Code of 1961 or the Criminal Code of 2012, by having knowingly violated:(i) remedies described in paragraphs (1), (2),         (3), (14), or (14.5) of subsection (b) of Section 112A-14 of this Code,(ii) a remedy, which is substantially similar to         the remedies authorized under paragraphs (1), (2), (3), (14), or (14.5) of subsection (b) of Section 214 of the Illinois Domestic Violence Act of 1986, in a valid order of protection, which is authorized under the laws of another state, tribe or United States territory, or(iii) any other remedy when the act constitutes a         crime against the protected parties as defined by the Criminal Code of 1961 or the Criminal Code of 2012.Prosecution for a violation of a domestic violence     order of protection shall not bar concurrent prosecution for any other crime, including any crime that may have been committed at the time of the violation of the domestic violence order of protection; or(2) The respondent commits the crime of child     abduction pursuant to Section 10-5 of the Criminal Code of 1961 or the Criminal Code of 2012, by having knowingly violated:(i) remedies described in paragraphs (5), (6), or         (8) of subsection (b) of Section 112A-14 of this Code, or(ii) a remedy, which is substantially similar to         the remedies authorized under paragraphs (1), (5), (6), or (8) of subsection (b) of Section 214 of the Illinois Domestic Violence Act of 1986, in a valid domestic violence order of protection, which is authorized under the laws of another state, tribe or United States territory.(3) The respondent commits the crime of violation of     a civil no contact order when the respondent violates Section 12-3.8 of the Criminal Code of 2012. Prosecution for a violation of a civil no contact order shall not bar concurrent prosecution for any other crime, including any crime that may have been committed at the time of the violation of the civil no contact order.(4) The respondent commits the crime of violation of     a stalking no contact order when the respondent violates Section 12-3.9 of the Criminal Code of 2012. Prosecution for a violation of a stalking no contact order shall not bar concurrent prosecution for any other crime, including any crime that may have been committed at the time of the violation of the stalking no contact order.(b) When violation is contempt of court. A violation of any valid protective order, whether issued in a civil or criminal  proceeding, may be enforced through civil or criminal contempt procedures,  as appropriate, by any court with jurisdiction, regardless where the act or  acts which violated the protective order were committed, to the extent  consistent with the venue provisions of this Article.  Nothing in this  Article shall preclude any Illinois court from enforcing any valid protective order issued in another state. Illinois courts may enforce protective orders through both criminal prosecution and contempt proceedings,  unless the action which is second in time is barred by collateral estoppel  or the constitutional prohibition against double jeopardy.(1) In a contempt proceeding where the petition for a     rule to show cause sets forth facts evidencing an immediate danger that the respondent will flee the jurisdiction, conceal a child, or inflict physical abuse on the petitioner or minor children or on dependent adults in petitioner's care, the court may order the attachment of the respondent without prior service of the rule to show cause or the petition for a rule to show cause.  Bond shall be set unless specifically denied in writing.(2) A petition for a rule to show cause for violation     of a protective order shall be treated as an expedited proceeding.(c) Violation of custody, allocation of parental responsibility, or support orders. A violation of remedies  described in paragraphs (5), (6), (8), or (9) of subsection (b) of Section  112A-14 of this Code may be enforced by any remedy provided by Section 607.5 of  the Illinois Marriage and Dissolution of Marriage Act. The court may  enforce any order for support issued under paragraph (12) of subsection (b)  of Section  112A-14 of this Code in the manner provided for under Parts    V and VII of the  Illinois Marriage and Dissolution of Marriage Act.(d) Actual knowledge. A protective order may be  enforced pursuant to this Section if the respondent violates the order  after respondent has actual knowledge of its contents  as shown through one of the following means:(1) (Blank).(2) (Blank).(3) By service of a protective order under subsection     (f) of Section 112A-17.5 or Section 112A-22 of this Code.(4) By other means demonstrating actual knowledge of     the contents of the order.(e) The enforcement of a protective order in civil or criminal court  shall not be affected by either of the following:(1) The existence of a separate, correlative order     entered under Section 112A-15 of this Code.(2) Any finding or order entered in a conjoined     criminal proceeding.(f) Circumstances.  The court, when determining whether or not a  violation of a protective order has occurred, shall not require  physical manifestations of abuse on the person of the victim.(g) Penalties.(1) Except as provided in paragraph (3) of this     subsection (g), where the court finds the commission of a crime or contempt of court under subsections (a) or (b) of this Section, the penalty shall be the penalty that generally applies in such criminal or contempt proceedings, and may include one or more of the following: incarceration, payment of restitution, a fine, payment of attorneys' fees and costs, or community service.(2) The court shall hear and take into account     evidence of any factors in aggravation or mitigation before deciding an appropriate penalty under paragraph (1) of this subsection (g).(3) To the extent permitted by law, the court is     encouraged to:(i) increase the penalty for the knowing         violation of any protective order over any penalty previously imposed by any court for respondent's violation of any protective order or penal statute involving petitioner as victim and respondent as defendant;(ii) impose a minimum penalty of 24 hours         imprisonment for respondent's first violation of any protective order; and(iii) impose a minimum penalty of 48 hours         imprisonment for respondent's second or subsequent violation of a protective orderunless the court explicitly finds that an increased     penalty or that period of imprisonment would be manifestly unjust.(4) In addition to any other penalties imposed for a     violation of a protective order, a criminal court may consider evidence of any violations of a protective order:(i) to modify the conditions of pretrial release         on an underlying criminal charge pursuant to Section 110-6 of this Code;(ii) to revoke or modify an order of probation,         conditional discharge, or supervision, pursuant to Section 5-6-4 of the Unified Code of Corrections;(iii) to revoke or modify a sentence of periodic         imprisonment, pursuant to Section 5-7-2 of the Unified Code of Corrections.  (Source: P.A. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18; 101-652, eff. 1-1-23.)(Text of Section from P.A. 102-184)Sec. 112A-23. Enforcement of protective orders.(a) When violation is crime. A violation of any protective order,  whether issued in a civil, quasi-criminal proceeding, shall be  enforced by a  criminal court when:(1) The respondent commits the crime of violation of     a domestic violence order of protection pursuant to Section 12-3.4 or 12-30 of the Criminal Code of 1961 or the Criminal Code of 2012, by having knowingly violated:(i) remedies described in paragraphs (1), (2),         (3), (14), or (14.5) of subsection (b) of Section 112A-14 of this Code,(ii) a remedy, which is substantially similar to         the remedies authorized under paragraphs (1), (2), (3), (14), or (14.5) of subsection (b) of Section 214 of the Illinois Domestic Violence Act of 1986, in a valid order of protection, which is authorized under the laws of another state, tribe or United States territory, or(iii) any other remedy when the act constitutes a         crime against the protected parties as defined by the Criminal Code of 1961 or the Criminal Code of 2012.Prosecution for a violation of a domestic violence     order of protection shall not bar concurrent prosecution for any other crime, including any crime that may have been committed at the time of the violation of the domestic violence order of protection; or(2) The respondent commits the crime of child     abduction pursuant to Section 10-5 of the Criminal Code of 1961 or the Criminal Code of 2012, by having knowingly violated:(i) remedies described in paragraphs (5), (6), or         (8) of subsection (b) of Section 112A-14 of this Code, or(ii) a remedy, which is substantially similar to         the remedies authorized under paragraphs (1), (5), (6), or (8) of subsection (b) of Section 214 of the Illinois Domestic Violence Act of 1986, in a valid domestic violence order of protection, which is authorized under the laws of another state, tribe or United States territory.(3) The respondent commits the crime of violation of     a civil no contact order when the respondent violates Section 12-3.8 of the Criminal Code of 2012. Prosecution for a violation of a civil no contact order shall not bar concurrent prosecution for any other crime, including any crime that may have been committed at the time of the violation of the civil no contact order.(4) The respondent commits the crime of violation of     a stalking no contact order when the respondent violates Section 12-3.9 of the Criminal Code of 2012. Prosecution for a violation of a stalking no contact order shall not bar concurrent prosecution for any other crime, including any crime that may have been committed at the time of the violation of the stalking no contact order.(b) When violation is contempt of court. A violation of any valid protective order, whether issued in a civil or criminal  proceeding, may be enforced through civil or criminal contempt procedures,  as appropriate, by any court with jurisdiction, regardless where the act or  acts which violated the protective order were committed, to the extent  consistent with the venue provisions of this Article.  Nothing in this  Article shall preclude any Illinois court from enforcing any valid protective order issued in another state. Illinois courts may enforce protective orders through both criminal prosecution and contempt proceedings,  unless the action which is second in time is barred by collateral estoppel  or the constitutional prohibition against double jeopardy.(1) In a contempt proceeding where the petition for a     rule to show cause sets forth facts evidencing an immediate danger that the respondent will flee the jurisdiction, conceal a child, or inflict physical abuse on the petitioner or minor children or on dependent adults in petitioner's care, the court may order the attachment of the respondent without prior service of the rule to show cause or the petition for a rule to show cause.  Bond shall be set unless specifically denied in writing.(2) A petition for a rule to show cause for violation     of a protective order shall be treated as an expedited proceeding.(c) Violation of custody, allocation of parental responsibility, or support orders. A violation of remedies  described in paragraphs (5), (6), (8), or (9) of subsection (b) of Section  112A-14 of this Code may be enforced by any remedy provided by Section 607.5 of  the Illinois Marriage and Dissolution of Marriage Act. The court may  enforce any order for support issued under paragraph (12) of subsection (b)  of Section  112A-14 of this Code in the manner provided for under Parts    V and VII of the  Illinois Marriage and Dissolution of Marriage Act.(d) Actual knowledge. A protective order may be  enforced pursuant to this Section if the respondent violates the order  after respondent has actual knowledge of its contents  as shown through one of the following means:(1) (Blank).(2) (Blank).(3) By service of a protective order under subsection     (f) of Section 112A-17.5 or Section 112A-22 of this Code.(4) By other means demonstrating actual knowledge of     the contents of the order.(e) The enforcement of a protective order in civil or criminal court  shall not be affected by either of the following:(1) The existence of a separate, correlative order     entered under Section 112A-15 of this Code.(2) Any finding or order entered in a conjoined     criminal proceeding.(e-5) If a civil no contact order entered under subsection (6) of Section 112A-20 of the Code of Criminal Procedure of 1963 conflicts with an order issued pursuant to the Juvenile Court Act of 1987 or the Illinois Marriage and Dissolution of Marriage Act, the conflicting order issued under subsection (6) of Section 112A-20 of the Code of Criminal Procedure of 1963 shall be void.(f) Circumstances.  The court, when determining whether or not a  violation of a protective order has occurred, shall not require  physical manifestations of abuse on the person of the victim.(g) Penalties.(1) Except as provided in paragraph (3) of this     subsection (g), where the court finds the commission of a crime or contempt of court under subsections (a) or (b) of this Section, the penalty shall be the penalty that generally applies in such criminal or contempt proceedings, and may include one or more of the following: incarceration, payment of restitution, a fine, payment of attorneys' fees and costs, or community service.(2) The court shall hear and take into account     evidence of any factors in aggravation or mitigation before deciding an appropriate penalty under paragraph (1) of this subsection (g).(3) To the extent permitted by law, the court is     encouraged to:(i) increase the penalty for the knowing         violation of any protective order over any penalty previously imposed by any court for respondent's violation of any protective order or penal statute involving petitioner as victim and respondent as defendant;(ii) impose a minimum penalty of 24 hours         imprisonment for respondent's first violation of any protective order; and(iii) impose a minimum penalty of 48 hours         imprisonment for respondent's second or subsequent violation of a protective orderunless the court explicitly finds that an increased     penalty or that period of imprisonment would be manifestly unjust.(4) In addition to any other penalties imposed for a     violation of a protective order, a criminal court may consider evidence of any violations of a protective order:(i) to increase, revoke, or modify the bail bond         on an underlying criminal charge pursuant to Section 110-6 of this Code;(ii) to revoke or modify an order of probation,         conditional discharge, or supervision, pursuant to Section 5-6-4 of the Unified Code of Corrections;(iii) to revoke or modify a sentence of periodic         imprisonment, pursuant to Section 5-7-2 of the Unified Code of Corrections.  (Source: P.A. 102-184, eff. 1-1-22.)(Text of Section from P.A. 102-558)Sec. 112A-23. Enforcement of protective orders.(a) When violation is crime. A violation of any protective order,  whether issued in a civil, quasi-criminal proceeding, shall be  enforced by a  criminal court when:(1) The respondent commits the crime of violation of     a domestic violence order of protection pursuant to Section 12-3.4 or 12-30 of the Criminal Code of 1961 or the Criminal Code of 2012, by having knowingly violated:(i) remedies described in paragraphs (1), (2),         (3), (14), or (14.5) of subsection (b) of Section 112A-14 of this Code,(ii) a remedy, which is substantially similar to         the remedies authorized under paragraphs (1), (2), (3), (14), or (14.5) of subsection (b) of Section 214 of the Illinois Domestic Violence Act of 1986, in a valid order of protection, which is authorized under the laws of another state, tribe or United States territory, or(iii) any other remedy when the act constitutes a         crime against the protected parties as defined by the Criminal Code of 1961 or the Criminal Code of 2012.Prosecution for a violation of a domestic violence     order of protection shall not bar concurrent prosecution for any other crime, including any crime that may have been committed at the time of the violation of the domestic violence order of protection; or(2) The respondent commits the crime of child     abduction pursuant to Section 10-5 of the Criminal Code of 1961 or the Criminal Code of 2012, by having knowingly violated:(i) remedies described in paragraphs (5), (6), or         (8) of subsection (b) of Section 112A-14 of this Code, or(ii) a remedy, which is substantially similar to         the remedies authorized under paragraphs (1), (5), (6), or (8) of subsection (b) of Section 214 of the Illinois Domestic Violence Act of 1986, in a valid domestic violence order of protection, which is authorized under the laws of another state, tribe or United States territory.(3) The respondent commits the crime of violation of     a civil no contact order when the respondent violates Section 12-3.8 of the Criminal Code of 2012. Prosecution for a violation of a civil no contact order shall not bar concurrent prosecution for any other crime, including any crime that may have been committed at the time of the violation of the civil no contact order.(4) The respondent commits the crime of violation of     a stalking no contact order when the respondent violates Section 12-3.9 of the Criminal Code of 2012. Prosecution for a violation of a stalking no contact order shall not bar concurrent prosecution for any other crime, including any crime that may have been committed at the time of the violation of the stalking no contact order.(b) When violation is contempt of court. A violation of any valid protective order, whether issued in a civil or criminal  proceeding, may be enforced through civil or criminal contempt procedures,  as appropriate, by any court with jurisdiction, regardless where the act or  acts which violated the protective order were committed, to the extent  consistent with the venue provisions of this Article.  Nothing in this  Article shall preclude any Illinois court from enforcing any valid protective order issued in another state. Illinois courts may enforce protective orders through both criminal prosecution and contempt proceedings,  unless the action which is second in time is barred by collateral estoppel  or the constitutional prohibition against double jeopardy.(1) In a contempt proceeding where the petition for a     rule to show cause sets forth facts evidencing an immediate danger that the respondent will flee the jurisdiction, conceal a child, or inflict physical abuse on the petitioner or minor children or on dependent adults in petitioner's care, the court may order the attachment of the respondent without prior service of the rule to show cause or the petition for a rule to show cause.  Bond shall be set unless specifically denied in writing.(2) A petition for a rule to show cause for violation     of a protective order shall be treated as an expedited proceeding.(c) Violation of custody, allocation of parental responsibility, or support orders. A violation of remedies  described in paragraphs (5), (6), (8), or (9) of subsection (b) of Section  112A-14 of this Code may be enforced by any remedy provided by Section 607.5 of  the Illinois Marriage and Dissolution of Marriage Act. The court may  enforce any order for support issued under paragraph (12) of subsection (b)  of Section  112A-14 of this Code in the manner provided for under Parts    V and VII of the  Illinois Marriage and Dissolution of Marriage Act.(d) Actual knowledge. A protective order may be  enforced pursuant to this Section if the respondent violates the order  after respondent has actual knowledge of its contents  as shown through one of the following means:(1) (Blank).(2) (Blank).(3) By service of a protective order under subsection     (f) of Section 112A-17.5 or Section 112A-22 of this Code.(4) By other means demonstrating actual knowledge of     the contents of the order.(e) The enforcement of a protective order in civil or criminal court  shall not be affected by either of the following:(1) The existence of a separate, correlative order     entered under Section 112A-15 of this Code.(2) Any finding or order entered in a conjoined     criminal proceeding.(f) Circumstances.  The court, when determining whether or not a  violation of a protective order has occurred, shall not require  physical manifestations of abuse on the person of the victim.(g) Penalties.(1) Except as provided in paragraph (3) of this     subsection (g), where the court finds the commission of a crime or contempt of court under subsections (a) or (b) of this Section, the penalty shall be the penalty that generally applies in such criminal or contempt proceedings, and may include one or more of the following: incarceration, payment of restitution, a fine, payment of attorneys' fees and costs, or community service.(2) The court shall hear and take into account     evidence of any factors in aggravation or mitigation before deciding an appropriate penalty under paragraph (1) of this subsection (g).(3) To the extent permitted by law, the court is     encouraged to:(i) increase the penalty for the knowing         violation of any protective order over any penalty previously imposed by any court for respondent's violation of any protective order or penal statute involving petitioner as victim and respondent as defendant;(ii) impose a minimum penalty of 24 hours         imprisonment for respondent's first violation of any protective order; and(iii) impose a minimum penalty of 48 hours         imprisonment for respondent's second or subsequent violation of a protective orderunless the court explicitly finds that an increased     penalty or that period of imprisonment would be manifestly unjust.(4) In addition to any other penalties imposed for a     violation of a protective order, a criminal court may consider evidence of any violations of a protective order:(i) to increase, revoke, or modify the bail bond         on an underlying criminal charge pursuant to Section 110-6 of this Code;(ii) to revoke or modify an order of probation,         conditional discharge, or supervision, pursuant to Section 5-6-4 of the Unified Code of Corrections;(iii) to revoke or modify a sentence of periodic         imprisonment, pursuant to Section 5-7-2 of the Unified Code of Corrections. (Source: P.A. 102-558, eff. 8-20-21.)