725 ILCS 5/112A-5.5
2021 Illinois Compiled Statutes|Chapter 725 - CRIMINAL PROCEDURE|725 ILCS 5/ - Code of Criminal Procedure of 1963.|Title IV - Proceedings To Commence Prosecution

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     be entered by default:(A) for any of the remedies sought in the         petition, if respondent has been served with documents under subsection (b) or (c)  of this Section and if respondent fails to appear on the specified return date  or any subsequent hearing date agreed to by the petitioner and respondent or set by the court; or(B) for any of the remedies provided under         paragraph (1), (2), (3), (5), (6), (7), (8), (9), (10), (11), (14), (15), (17), or (18) of subsection (b) of Section 112A-14 of this Code, or if the respondent fails to answer or appear in accordance with the date set in the publication notice or the return date indicated on the service of a household member.(2)  A final civil no contact order may be entered by     default for any of the remedies provided in Section 112A-14.5 of this Code, if respondent has been served with documents under subsection (b) or (c) of this Section, and if the respondent fails to answer or appear in accordance with the date set in the publication notice or the return date indicated on the service of a household member.(3)  A final stalking no contact order may be entered     by default for any of the remedies provided by Section 112A-14.7 of this Code, if respondent has been served with documents under subsection (b) or (c) of this Section and if the respondent fails to answer or appear in accordance with the date set in the publication notice or the return date indicated on the service of a household member. (Source: P.A. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18.)