750 ILCS 60/103
2021 Illinois Compiled Statutes|Chapter 750 - FAMILIES|750 ILCS 60/ - Illinois Domestic Violence Act of 1986.|Article I - General Provisions

(750 ILCS 60/103) (from Ch. 40, par. 2311-3)Sec. 103. Definitions. For the purposes of this Act, the following  terms shall have the following meanings:(1) "Abuse" means physical abuse, harassment, intimidation of a dependent,  interference with personal liberty or willful deprivation but does not include  reasonable direction of a minor child by a parent or person in loco parentis.(2) "Adult with disabilities" means an elder adult with disabilities  or a high-risk adult with disabilities.  A person may be an adult with  disabilities for purposes of this Act even though he or she has never been  adjudicated an incompetent adult.  However, no court proceeding may be  initiated or continued on  behalf of an adult with disabilities over that adult's objection, unless such  proceeding is approved by his or her legal guardian, if any.(3) "Domestic violence" means abuse as defined in paragraph (1).(4) "Elder adult with disabilities" means an adult prevented by  advanced age from taking appropriate action to protect himself or herself  from abuse by a family or household member.(5) "Exploitation" means the illegal, including tortious, use of a  high-risk adult with disabilities or of the assets or resources of a  high-risk adult with disabilities.  Exploitation includes, but is not  limited to, the misappropriation of assets or resources of a high-risk  adult with disabilities by undue influence, by breach of a fiduciary  relationship, by fraud, deception, or extortion, or the use of such assets or  resources in a manner contrary to law.(6) "Family or household members" include spouses, former spouses,  parents, children, stepchildren and other persons related by blood or  by present or prior marriage, persons  who share or formerly shared a common dwelling, persons who have or  allegedly have a child in common, persons who share or allegedly share a  blood relationship through a child, persons who have or have had a dating  or engagement relationship, persons with disabilities and their  personal assistants, and caregivers as defined in Section 12-4.4a of the Criminal Code of 2012.  For purposes of this paragraph, neither a casual acquaintanceship nor  ordinary fraternization between 2 individuals in business or social  contexts shall be deemed to constitute a dating relationship.  In the case of a high-risk adult with  disabilities, "family or household members" includes any person  who has the responsibility for a high-risk adult as a result of a family  relationship or who has assumed responsibility for all or a portion of the  care of a high-risk adult with disabilities voluntarily, or by express or  implied contract, or by court order.(7) "Harassment" means knowing conduct which  is not necessary to accomplish a purpose that is reasonable under the  circumstances; would cause a reasonable person emotional distress; and  does cause emotional distress to the petitioner.  Unless the presumption is rebutted by a preponderance of the evidence, the  following types of conduct shall be  presumed to cause emotional distress:(i) creating a disturbance at petitioner's place of     employment or school;(ii) repeatedly telephoning petitioner's place of     employment, home or residence;(iii) repeatedly following petitioner about in a     public place or places;(iv) repeatedly keeping petitioner under surveillance     by remaining present outside his or her home, school, place of employment, vehicle or other place occupied by petitioner or by peering in petitioner's windows;(v) improperly concealing a minor child from     petitioner, repeatedly threatening to improperly remove a minor child of petitioner's from the jurisdiction or from the physical care of petitioner, repeatedly threatening to conceal a minor child from petitioner, or making a single such threat following an actual or attempted improper removal or concealment, unless respondent was fleeing an incident or pattern of domestic violence; or(vi) threatening physical force, confinement or     restraint on one or more occasions.(8) "High-risk adult with disabilities" means a person aged 18 or over  whose physical or mental disability impairs his or her ability to seek or  obtain protection from abuse, neglect, or exploitation.(9) "Interference with personal liberty" means committing or  threatening physical abuse, harassment, intimidation or  willful deprivation so as to  compel another to  engage in conduct from which she or he has a right to abstain or to refrain from conduct  in which she or he has a right to engage.(10) "Intimidation of a dependent" means subjecting a person  who is dependent  because of  age, health or disability to participation in or the witnessing of:  physical force  against another or physical confinement or restraint of another which  constitutes physical abuse as defined in this Act, regardless of whether the  abused person is a family or household member.(11) (A) "Neglect" means the failure to exercise that degree of care  toward a high-risk adult with disabilities which a reasonable person would  exercise under the circumstances and includes but is not limited to:(i) the failure to take reasonable steps to protect a     high-risk adult with disabilities from acts of abuse;(ii) the repeated, careless imposition of     unreasonable confinement;(iii) the failure to provide food, shelter, clothing,     and personal hygiene to a high-risk adult with disabilities who requires such assistance;(iv) the failure to provide medical and     rehabilitative care for the physical and mental health needs of a high-risk adult with disabilities; or(v) the failure to protect a high-risk adult with     disabilities from health and safety hazards.(B) Nothing in this subsection (10) shall be construed to impose a requirement that  assistance be provided to a high-risk adult with disabilities over his or  her objection in the absence of a court order, nor to create any new  affirmative duty to provide support to a high-risk adult with disabilities.(12) "Order of protection" means an emergency order, interim  order or plenary order, granted pursuant to this Act,  which includes any or  all of the remedies authorized by Section 214 of this Act.(13) "Petitioner" may mean not only any named petitioner for the order of  protection and any named victim of abuse on whose behalf the petition   is brought, but also any other person protected by this Act.(14) "Physical abuse" includes sexual abuse and means any  of the following:(i) knowing or reckless use of physical force,     confinement or restraint;(ii) knowing, repeated and unnecessary sleep     deprivation; or(iii) knowing or reckless conduct which creates an     immediate risk of physical harm.(14.5) "Stay away" means for the respondent to refrain from  both physical presence and nonphysical contact with the petitioner whether direct, indirect (including, but not limited to, telephone calls, mail, email, faxes, and written notes), or through third parties who may or may not know about the order of protection.(15) "Willful deprivation" means wilfully denying a person who  because of age, health or disability requires medication,  medical care, shelter, accessible shelter or services, food,  therapeutic device, or other physical  assistance, and thereby exposing that person to the risk of physical,  mental or emotional harm, except with regard to medical care or treatment  when the dependent person has expressed an intent to forgo such medical  care or treatment.  This paragraph does not  create any new affirmative duty to provide support to dependent persons.  (Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)