2023 Illinois Compiled Statutes › Chapter 725 - CRIMINAL PROCEDURE › 725 ILCS 5/ - Code of Criminal Procedure of 1963. › Title IV - Proceedings To Commence Prosecution

(725 ILCS 5/Tit. IV heading)
TITLE IV.  
		PROCEEDINGS TO COMMENCE PROSECUTION
(725 ILCS 5/Art. 111 heading)
ARTICLE 111.  
		CHARGING AN OFFENSE
(725 ILCS 5/111-1) (from Ch. 38, par. 111-1)
Sec. 111-1. Methods of prosecution.
(a) When authorized by law a prosecution may be commenced by:
(1) A complaint;
(2) An information;
(3) An indictment.
(b) Upon commencement of a prosecution for a violation of Section
11-501 of the Illinois Vehicle Code, or a similar provision of a local
ordinance, or Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012
relating to the offense of reckless homicide, the victims of these offenses
shall have all the rights under this Section as they do in Section 4 of the
 Rights of Crime Victims and Witnesses Act.
For the purposes of this Section "victim" shall mean an individual
who has suffered personal injury as a result of the commission of a
violation of Section 11-501 of the Illinois Vehicle Code, or a similar
provision of a local ordinance, or Section 9-3 of the Criminal Code of
 1961 or the Criminal Code of 2012 relating to the offense of reckless homicide. In regard
to a violation of Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012
relating to the offense of reckless homicide, "victim" shall also include,
but not be limited to, spouse, guardian, parent, or other family member.
(c) Upon arrest after commencement of a prosecution for a sex offense against a person known to be an employee, the State's Attorney shall immediately provide the superintendent of schools or school administrator that employs the employee with a copy of the complaint, information, or indictment.
For the purposes of this subsection: "employee" has the meaning provided in subsection (a) of Section 24-5 of the School Code; and "sex offense" has the meaning provided in Section 2 of the Sex Offender Registration Act.
This subsection shall not be construed to diminish the rights, privileges, or remedies of an employee under a collective bargaining agreement or employment contract.
(Source: P.A. 101-521, eff. 8-23-19; 102-558, eff. 8-20-21.)
(725 ILCS 5/111-2) (from Ch. 38, par. 111-2)
Sec. 111-2. Commencement of prosecutions.
(a) All prosecutions of
felonies shall be by information or by indictment. No prosecution may be
pursued by information unless a preliminary hearing has been held or
waived in accordance with Section 109-3 and at that hearing probable
cause to believe the defendant committed an offense was found, and the
provisions of Section 109-3.1 of this Code have been complied with.
(b) All other prosecutions may be by indictment, information or
complaint.
(c) Upon the filing of an information or indictment in open
court charging the defendant with the commission of a sex offense
defined in any Section of Article 11 of the Criminal Code of 1961 or the Criminal Code of 2012,
 and a minor as defined in Section 1-3 of the Juvenile
Court Act of 1987 is alleged to be the victim of the
commission of the acts of the defendant in the commission of
such offense, the court may appoint a guardian ad litem for the
minor as provided in Section 2-17, 3-19, 4-16 or 5-610 of the
Juvenile Court Act of 1987.
(d) Upon the filing of an information or indictment in open court,
the court shall immediately issue a warrant for the arrest of each
person charged with an offense directed to a peace officer or some other
person specifically named commanding him to arrest such person.
(e) When the offense is eligible for pretrial release, the judge shall endorse on the
warrant the conditions of pretrial release required by the order of the court, and if
the court orders the process returnable forthwith, the warrant shall
require that the accused be arrested and brought immediately into court.
(f) Where the prosecution of a felony is by information or complaint
after preliminary hearing, or after a waiver of preliminary hearing in
accordance with paragraph (a) of this Section, such prosecution may be
for all offenses, arising from the same transaction or conduct of a
defendant even though the complaint or complaints filed at the
preliminary hearing charged only one or some of the offenses arising
from that transaction or conduct.
(Source: P.A. 101-652, eff. 1-1-23.)
(725 ILCS 5/111-3) (from Ch. 38, par. 111-3)
Sec. 111-3. Form of charge.
(a) A charge shall be in writing and allege the commission of an
offense by:
(1) Stating the name of the offense;
(2) Citing the statutory provision alleged to have     been violated;
(3) Setting forth the nature and elements of the     offense charged;
(4) Stating the date and county of the offense as     definitely as can be done; and
(5) Stating the name of the accused, if known, and if     not known, designate the accused by any name or description by which he can be identified with reasonable certainty.
(a-5) If the victim is alleged to have been subjected to an offense involving an illegal sexual act including, but not limited to, a sexual offense defined in Article 11 or Section 10-9 of the Criminal Code of 2012, the charge shall state the identity of the victim by name, initials, or description.
(b) An indictment shall be signed by the foreman of the Grand Jury and
an information shall be signed by the State's Attorney and sworn to by him
or another. A complaint shall be sworn to and signed by the complainant; provided, that when a peace officer observes the commission of a misdemeanor
and is the complaining witness, the signing of the complaint by the peace
officer is sufficient to charge the defendant with the commission of the
offense, and the complaint need not be sworn to if the officer signing the
complaint certifies that the statements set forth in the complaint are true and
correct and are subject to the penalties provided by law for false
certification
under Section 1-109 of the Code of Civil Procedure and perjury under Section
32-2 of the Criminal Code of 2012; and further provided, however, that when a citation is issued on a Uniform Traffic
Ticket or Uniform Conservation Ticket (in a form prescribed by the
Conference of Chief Circuit Judges and filed with the Supreme Court), the
copy of such Uniform Ticket which is filed with the circuit court
constitutes a complaint to which the defendant may plead, unless he
specifically requests that a verified complaint be filed.
(c) When the State seeks an enhanced sentence because of a prior
conviction, the charge shall also state the intention to seek an enhanced
sentence and shall state such prior conviction so as to give notice to the
defendant.  However, the fact of such prior conviction and the State's
intention to seek an enhanced sentence are not elements of the offense and
may not be disclosed to the jury during trial unless otherwise permitted by
issues properly raised during such trial.
For the purposes of this Section, "enhanced sentence" means a sentence
which is increased by a prior conviction from one classification of offense
to another higher level classification of offense set forth in Section
5-4.5-10
 of the Unified Code of Corrections (730 ILCS 5/5-4.5-10); it does not include an increase in the sentence applied within the
same level of classification of offense.
(c-5) Notwithstanding any other provision of law, in all cases if an alleged fact (other
than the fact of a prior conviction) is not an element of an offense but is
sought to be used to increase the range of penalties for the offense beyond the
statutory maximum that could otherwise be imposed for the offense, the alleged
fact must be included in the charging instrument or otherwise provided to the
defendant through a written notification before trial, submitted to a trier
of fact as an aggravating factor, and proved beyond a reasonable doubt.
Failure to prove the fact beyond a reasonable doubt is not a bar to a
conviction
for commission of the offense, but is a bar to increasing, based on that fact,
the range of penalties for the offense beyond the statutory maximum that could
otherwise be imposed for that offense.  Nothing in this subsection (c-5)
requires the
imposition of a sentence that increases the range of penalties for the offense
beyond the statutory maximum that could otherwise be imposed for the offense if
the imposition of that sentence is not required by law.
(d) At any time prior to trial, the State on motion shall be permitted
to amend the charge, whether brought by indictment, information or
complaint, to make the charge comply with subsection (c) or (c-5) of this
Section.  Nothing in Section 103-5 of this Code precludes such an
amendment or a written notification made in accordance with subsection (c-5) of
this Section.
(e) The provisions of subsection (a) of Section 5-4.5-95 of the Unified Code of Corrections
 shall not be affected by this Section.
(Source: P.A. 103-51, eff. 1-1-24.)
(725 ILCS 5/111-4)
Sec. 111-4. Joinder of offenses and defendants.
(a) Two or more offenses may be charged in the same indictment,
information or complaint in a separate count for each offense if the
offenses charged, whether felonies or misdemeanors or both, are based on
the same act or on 2 or more acts which are part of the same comprehensive
transaction.
(b) Two or more defendants may be charged in the same indictment,
information or complaint if they are alleged to have participated in the
same act or in the same comprehensive transaction out of which the offense
or offenses arose. Such defendants may be charged in one or more counts
together or separately and all of the defendants need not be charged in
each count.
(c) Two or more acts or transactions in violation of any provision or
provisions of Sections 8A-2, 8A-3, 8A-4, 8A-4A and 8A-5 of the Illinois
Public Aid Code, Section 14 of the Illinois Wage Payment and Collection Act, Sections 16-1, 16-1.3, 16-2, 16-3, 16-5, 16-7, 16-8, 16-10, 16-25, 16-30, 16A-3,
16B-2, 16G-15, 16G-20, 16H-15, 16H-20, 16H-25, 16H-30, 16H-45, 16H-50, 16H-55, 17-1, 17-3, 17-6, 17-30, 17-56, 17-60, or 29B-1, or item (ii) of subsection (a) or (b) of Section 17-9, or subdivision (a)(2) of Section 17-10.5, or subsection (a), (b), (c), (d), (g), (h), or (i) of Section 17-10.6, or subsection (a) of Section 17-32 of the Criminal Code of
1961 or the Criminal Code of 2012 and Section 118 of Division I of the Criminal Jurisprudence Act, may
be charged as a single offense in a single count of the same indictment,
information or complaint, if such acts or transactions by one or more
defendants are in furtherance of a single intention and design or if the
property, labor or services obtained are of the same person or are of
several persons having a common interest in such property, labor or
services. In such a charge, the period between the dates of the first and
the final such acts or transactions may be alleged as the date of the
offense and, if any such act or transaction by any defendant was committed
in the county where the prosecution was commenced, such county may be
alleged as the county of the offense.
(Source: P.A. 99-629, eff. 1-1-17.)
(725 ILCS 5/111-5) (from Ch. 38, par. 111-5)
Sec. 111-5. 
		Formal defects in a charge. 
		
		An indictment, information or complaint which charges the commission of
an offense in accordance with Section 111-3 of this Code shall not be
dismissed and may be amended on motion by the State's Attorney or defendant
at any time because of formal defects, including:
(a) Any miswriting, misspelling or grammatical error;
(b) Any misjoinder of the parties defendant;
(c) Any misjoinder of the offense charged;
(d) The presence of any unnecessary allegation;
(e) The failure to negative any exception, any excuse     or proviso contained in the statute defining the offense; or
(f) The use of alternative or disjunctive allegations     as to the acts, means, intents or results charged.
(Source: Laws 1963, p. 2836.)
(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.)
(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.)
(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 5/111-9)
Sec. 111-9. Notification to forensic laboratories. Unless the Supreme Court shall by Rule provide otherwise, upon disposition, withdrawal, or dismissal of any charge, the State's Attorney shall promptly notify the forensic laboratory or laboratories in possession of evidence, reports, or other materials or information related to that charge. Notification may be given by any reasonable means under the circumstances, including, but not limited to, the Illinois State Police Laboratory Information Management System, email, or telephone.
(Source: P.A. 102-523, eff. 8-20-21.)
(725 ILCS 5/Art. 112 heading)
ARTICLE 112.  
		GRAND JURY
(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.)
(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:
"Do each of you swear (or affirm) that you will diligently inquire into all matters presented to you; that you will return no indictment through malice or ill will, or fail to return one due to fear or reward; and that in all your decisions you will present the truth, the whole truth, and nothing but the truth, according to the best of your skill and understanding."
(Source: P.A. 102-495, eff. 8-20-21.)
(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.)
(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.)
(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.)
(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.)
(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.)
(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.)
(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.)
(725 ILCS 5/Art. 112A heading)
ARTICLE 112A.  PROTECTIVE ORDERS
(Source: P.A. 100-199, eff. 1-1-18.)
(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.)
(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.)
(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     involving domestic violence;
(2) a civil no contact order in cases involving     sexual offenses; or
(3) a stalking no contact order in cases involving     stalking offenses.
(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,     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) "Domestic violence" means abuse as described in     paragraph (1) of this subsection (b).
(3) "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 subsection (e) of Section 12-4.4a of the Criminal Code of 2012. For purposes of this paragraph (3), neither a casual acquaintanceship nor ordinary fraternization between 2 individuals in business or social contexts shall be deemed to constitute a dating relationship.
(4) "Harassment" means knowing conduct which is not     necessary to accomplish a purpose which 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 from an incident or pattern of domestic violence; or
(vi) threatening physical force, confinement or         restraint on one or more occasions.
(5) "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.
(6) "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 Article, regardless of whether the abused person is a family or household member.
(7) "Order of protection" or "domestic violence order     of protection" means an ex parte or final order, granted pursuant to this Article, which includes any or all of the remedies authorized by Section 112A-14 of this Code.
(8) "Petitioner" may mean not only any named     petitioner for the domestic violence order of protection and any named victim of abuse on whose behalf the petition is brought, but also any other person protected by this Article.
(9) "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.
(9.3) "Respondent" in a petition for a domestic     violence order of protection means the defendant.
(9.5) "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 domestic violence order of protection.
(10) "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 and treatment when such dependent person has expressed the intent to forgo such medical care or treatment.  This paragraph (10) does not create any new affirmative duty to provide support to dependent persons.
(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     final order granted under this Article, which includes a remedy authorized by Section 112A-14.5 of this Code.
(2)  "Family or household members" include spouses,     parents, children, stepchildren, and persons who share a common dwelling.
(3)  "Non-consensual" means a lack of freely given     agreement.
(4)  "Petitioner" means not only any named petitioner     for the civil no contact order and any named victim of non-consensual sexual conduct or non-consensual sexual penetration on whose behalf the petition is brought, but includes any other person sought to be protected under this Article.
(5)  "Respondent" in a petition for a civil no     contact order means the defendant.
(6)  "Sexual conduct" means any intentional or     knowing touching or fondling by the petitioner or the respondent, either directly or through clothing, of the sex organs, anus, or breast of the petitioner or the respondent, or any part of the body of a child under 13 years of age, or any transfer or transmission of semen by the respondent upon any part of the clothed or unclothed body of the petitioner, for the purpose of sexual gratification or arousal of the petitioner or the respondent.
(7)   "Sexual penetration" means any contact, however     slight, between the sex organ or anus of one person by an object, the sex organ, mouth or anus of another person, or any intrusion, however slight, of any part of the body of one person or of any animal or object into the sex organ or anus of another person, including, but not limited to, cunnilingus, fellatio, or anal penetration. Evidence of emission of semen is not required to prove sexual penetration.
(8)  "Stay away" means to refrain from both physical     presence and nonphysical contact with the petitioner directly, indirectly, or through third parties who may or may not know of the order. "Nonphysical contact" includes, but is not limited to, telephone calls, mail, e-mail, fax, and written notes.
(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,     including, but not limited to, acts in which a respondent directly, indirectly, or through third parties, by any action, method, device, or means follows, monitors, observes, surveils, threatens, or communicates to or about, a person, engages in other contact, or interferes with or damages a person's property or pet. A course of conduct may include contact via electronic communications. The incarceration of a person in a penal institution who commits the course of conduct is not a bar to prosecution.
(2)  "Emotional distress" means significant mental     suffering, anxiety, or alarm.
(3)  "Contact" includes any contact with the victim,     that is initiated or continued without the victim's consent, or that is in disregard of the victim's expressed desire that the contact be avoided or discontinued, including, but not limited to, being in the physical presence of the victim; appearing within the sight of the victim; approaching or confronting the victim in a public place or on private property; appearing at the workplace or residence of the victim; entering onto or remaining on property owned, leased, or occupied by the victim; or placing an object on, or delivering an object to, property owned, leased, or occupied by the victim.
(4) "Petitioner" means any named petitioner for the     stalking no contact order or any named victim of stalking on whose behalf the petition is brought.
(5) "Reasonable person" means a person in the     petitioner's circumstances with the petitioner's knowledge of the respondent and the respondent's prior acts.
(6)  "Respondent" in a petition for a civil no     contact order means the defendant.
(7)  "Stalking" means engaging in a course of conduct     directed at a specific person, and he or she knows or should know that this course of conduct would cause a reasonable person to fear for his or her safety or the safety of a third person or suffer emotional distress. "Stalking" does not include an exercise of the right to free speech or assembly that is otherwise lawful or picketing occurring at the workplace that is otherwise lawful and arises out of a bona fide labor dispute, including any controversy concerning wages, salaries, hours, working conditions or benefits, including health and welfare, sick leave, insurance, and pension or retirement provisions, the making or maintaining of collective bargaining agreements, and the terms to be included in those agreements.
(8)  "Stalking no contact order" means an ex parte or     final order granted under this Article, which includes a remedy authorized by Section 112A-14.7 of this Code. (Source: P.A. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18.)
(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     such person;
(3) any person residing or employed at a private home     or public shelter which is housing an abused family or household member; and
(4) any of the following persons if the person is     abused by a family or household member of a child:
(i) a foster parent of that child if the child         has been placed in the foster parent's home by the Department of Children and Family Services or by another state's public child welfare agency;
(ii) a legally appointed guardian or legally         appointed custodian of that child;
(iii) an adoptive parent of that child; or
(iv) a prospective adoptive parent of that child         if the child has been placed in the prospective adoptive parent's home pursuant to the Adoption Act or pursuant to another state's law.
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.
(a-5) The following persons are protected by this Article in cases involving sexual offenses:
(1) any victim of non-consensual sexual conduct or         non-consensual sexual penetration on whose behalf the petition is brought;
(2) any family or household member of the named         victim; and
(3) any employee of or volunteer at a rape crisis     center.
(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     victim.
(b) (Blank).
(Source: P.A. 100-199, eff. 1-1-18; 100-639, eff. 1-1-19.)
(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     or household member;
(2) by any person or by the State's Attorney on     behalf of a named victim who is a minor child or an adult who has been abused by a family or household member and who, because of age, health, disability, or inaccessibility, cannot file the petition;
(3) by a State's Attorney on behalf of any minor     child or dependent adult in the care of the named victim, if the named victim does not file a petition or request the State's Attorney file the petition; or
(4) any of the following persons if the person is     abused by a family or household member of a child:
(i) a foster parent of that child if the child         has been placed in the foster parent's home by the Department of Children and Family Services or by another state's public child welfare agency;
(ii) a legally appointed guardian or legally         appointed custodian of that child;
(iii) an adoptive parent of that child;
(iv) a prospective adoptive parent of that child         if the child has been placed in the prospective adoptive parent's home pursuant to the Adoption Act or pursuant to another state's law.
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     non-consensual     sexual conduct or non-consensual sexual penetration, including a single incident of non-consensual sexual conduct or non-consensual sexual penetration;
(2) by a person or by the State's Attorney on behalf     of a named victim who is a minor child or an     adult who is a victim of non-consensual sexual conduct or non-consensual sexual penetration but, because of age, disability, health, or inaccessibility, cannot file the petition;
(3) by a State's Attorney on behalf of any minor     child who is a family or household member of the named victim, if the named victim does not file a petition or request the State's Attorney file the petition;
(4) by a service member of the Illinois National     Guard or any reserve military component serving within the State who is a victim of non-consensual sexual conduct who has also received a Military Protective Order; or
(5) by the Staff Judge Advocate of the Illinois     National Guard or any reserve military component serving in the State on behalf of a named victim who is a victim of non-consensual sexual conduct who has also received a Military Protective Order only after receiving consent from the victim, and the petition shall include a statement that the victim has consented to the Staff Judge Advocate filing the petition.
(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     of a named victim who is a minor child or an     adult who is a victim of stalking but, because of age, disability, health, or inaccessibility, cannot file the petition;
(3) by a State's Attorney on behalf of any minor     child who is a family or household member of the named victim, if the named victim does not file a petition or request the State's Attorney file the petition;
(4) by a service member of the Illinois National     Guard or any reserve military component serving within the State who is a victim of non-consensual sexual conduct who has also received a Military Protective Order; or
(5) by the Staff Judge Advocate of the Illinois     National Guard or any reserve military component serving in the State on behalf of a named victim who is a victim of non-consensual sexual conduct who has also received a Military Protective Order only after receiving consent from the victim, and the petition shall include a statement that the victim has consented to the Staff Judge Advocate filing the petition.
(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. 102-890, eff. 5-19-22; 103-407, eff. 7-28-23.)
(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     a family or household member;
(2) respondent has engaged in non-consensual sexual     conduct or non-consensual sexual penetration, including a single incident of non-consensual sexual conduct or non-consensual sexual penetration with petitioner; or
(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.)
(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, in person or online, 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 the 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.
(f-5) A court in a county with a population above 250,000 shall offer the option of a remote hearing to a petitioner for a protective order. The court has the discretion to grant or deny the request for a remote hearing. Each court shall determine the procedure for a remote hearing. The petitioner and respondent may appear remotely or in person.
The court shall issue and publish a court order, standing order, or local rule detailing information about the process for requesting and participating in a remote court appearance. The court order, standing order, or local rule shall be published on the court's website and posted on signs throughout the courthouse, including in the clerk's office. The sign shall be written in plain language and include information about the availability of remote court appearances and the process for requesting a remote hearing.
(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 the respondent has been served with documents under subsection (b) or (c)  of this Section and if the 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 the 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 the 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. 102-853, eff. 1-1-23; 103-154, eff. 6-30-23.)
(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.)
(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.)
(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.)
(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.)
(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.)
(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.)
(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 Illinois 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 Illinois 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. 102-538, eff. 8-20-21.)
(725 ILCS 5/112A-11.2)
Sec. 112A-11.2. Notification  to  the Illinois 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 Illinois 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. 102-538, eff. 8-20-21.)
(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     delinquency petition, charging a crime of domestic violence, a sexual offense, or stalking or charging an attempt to commit a crime of domestic violence, a sexual offense, or stalking;
(2) an adjudication of delinquency, a finding of     guilt based upon a plea, or a finding of guilt after a trial for a crime of domestic battery, a sexual crime, or stalking or an attempt to commit a crime of domestic violence, a sexual offense, or stalking;
(3) any dispositional order issued under Section     5-710 of the Juvenile Court Act of 1987, the imposition of supervision, conditional discharge, probation, periodic imprisonment, parole, aftercare release, or mandatory supervised release for a crime of domestic violence, a sexual offense, or stalking or an attempt to commit a crime of domestic violence, a sexual offense, or stalking, or imprisonment in conjunction with a bond forfeiture warrant; or
(4)  the entry of a protective order in a separate     civil case brought by the petitioner against the respondent.
(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.)
(725 ILCS 5/112A-13) (from Ch. 38, par. 112A-13)
Sec. 112A-13. 
		(Repealed).
(Source: P.A. 91-357, eff. 7-29-99. Repealed by P.A. 100-199, eff. 1-1-18.)
(725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14)
Sec. 112A-14. Domestic violence order of protection; remedies.
(a) (Blank).
(b) The court may order any of the remedies listed in this subsection (b).
 The remedies listed in this subsection (b) shall be in addition to other civil
or criminal remedies available to petitioner.
(1) Prohibition of abuse.  Prohibit respondent's     harassment, interference with personal liberty, intimidation of a dependent, physical abuse, or willful deprivation, as defined in this Article, if such abuse has occurred or otherwise appears likely to occur if not prohibited.
(2) Grant of exclusive possession of residence.     Prohibit respondent from entering or remaining in any residence, household, or premises of the petitioner, including one owned or leased by respondent, if petitioner has a right to occupancy thereof.  The grant of exclusive possession of the residence, household, or premises shall not affect title to real property, nor shall the court be limited by the standard set forth in subsection (c-2) of Section 501 of the Illinois Marriage and Dissolution of Marriage Act.
(A) Right to occupancy.  A party has a right to         occupancy of a residence or household if it is solely or jointly owned or leased by that party, that party's spouse, a person with a legal duty to support that party or a minor child in that party's care, or by any person or entity other than the opposing party that authorizes that party's occupancy (e.g., a domestic violence shelter). Standards set forth in subparagraph (B) shall not preclude equitable relief.
(B) Presumption of hardships.  If petitioner and         respondent each has the right to occupancy of a residence or household, the court shall balance (i) the hardships to respondent and any minor child or dependent adult in respondent's care resulting from entry of this remedy with (ii) the hardships to petitioner and any minor child or dependent adult in petitioner's care resulting from continued exposure to the risk of abuse (should petitioner remain at the residence or household) or from loss of possession of the residence or household (should petitioner leave to avoid the risk of abuse).  When determining the balance of hardships, the court shall also take into account the accessibility of the residence or household. Hardships need not be balanced if respondent does not have a right to occupancy.
The balance of hardships is presumed to favor         possession by petitioner unless the presumption is rebutted by a preponderance of the evidence, showing that the hardships to respondent substantially outweigh the hardships to petitioner and any minor child or dependent adult in petitioner's care.  The court, on the request of petitioner or on its own motion, may order respondent to provide suitable, accessible, alternate housing for petitioner instead of excluding respondent from a mutual residence or household.
(3) Stay away order and additional prohibitions.     Order respondent to stay away from petitioner or any other person protected by the domestic violence order of protection, or prohibit respondent from entering or remaining present at petitioner's school, place of employment, or other specified places at times when petitioner is present, or both, if reasonable, given the balance of hardships.  Hardships need not be balanced for the court to enter a stay away order or prohibit entry if respondent has no right to enter the premises.
(A) If a domestic violence order of protection         grants petitioner exclusive possession of the residence, prohibits respondent from entering the residence, or orders respondent to stay away from petitioner or other protected persons, then the court may allow respondent access to the residence to remove items of clothing and personal adornment used exclusively by respondent, medications, and other items as the court directs. The right to access shall be exercised on only one occasion as the court directs and in the presence of an agreed-upon adult third party or law enforcement officer.
(B) When the petitioner and the respondent attend         the same public, private, or non-public elementary, middle, or high school, the court when issuing a domestic violence order of protection and providing relief shall consider the severity of the act, any continuing physical danger or emotional distress to the petitioner, the educational rights guaranteed to the petitioner and respondent under federal and State law, the availability of a transfer of the respondent to another school, a change of placement or a change of program of the respondent, the expense, difficulty, and educational disruption that would be caused by a transfer of the respondent to another school, and any other relevant facts of the case. The court may order that the respondent not attend the public, private, or non-public elementary, middle, or high school attended by the petitioner, order that the respondent accept a change of placement or change of program, as determined by the school district or private or non-public school, or place restrictions on the respondent's movements within the school attended by the petitioner. The respondent bears the burden of proving by a preponderance of the evidence that a transfer, change of placement, or change of program of the respondent is not available. The respondent also bears the burden of production with respect to the expense, difficulty, and educational disruption that would be caused by a transfer of the respondent to another school. A transfer, change of placement, or change of program is not unavailable to the respondent solely on the ground that the respondent does not agree with the school district's or private or non-public school's transfer, change of placement, or change of program or solely on the ground that the respondent fails or refuses to consent or otherwise does not take an action required to effectuate a transfer, change of placement, or change of program. When a court orders a respondent to stay away from the public, private, or non-public school attended by the petitioner and the respondent requests a transfer to another attendance center within the respondent's school district or private or non-public school, the school district or private or non-public school shall have sole discretion to determine the attendance center to which the respondent is transferred. If the court order results in a transfer of the minor respondent to another attendance center, a change in the respondent's placement, or a change of the respondent's program, the parents, guardian, or legal custodian of the respondent is responsible for transportation and other costs associated with the transfer or change.
(C) The court may order the parents, guardian, or         legal custodian of a minor respondent to take certain actions or to refrain from taking certain actions to ensure that the respondent complies with the order. If the court orders a transfer of the respondent to another school, the parents, guardian, or legal custodian of the respondent is responsible for transportation and other costs associated with the change of school by the respondent.
(4) Counseling.  Require or recommend the respondent     to undergo counseling for a specified duration with a social worker, psychologist, clinical psychologist, psychiatrist, family service agency, alcohol or substance abuse program, mental health center guidance counselor, agency providing services to elders, program designed for domestic violence abusers, or any other guidance service the court deems appropriate. The court may order the respondent in any intimate partner relationship to report to an Illinois Department of Human Services  protocol approved partner abuse intervention program for an assessment and to follow all recommended treatment.
(5) Physical care and possession of the minor child.      In order to protect the minor child from abuse, neglect, or unwarranted separation from the person who has been the minor child's primary caretaker, or to otherwise protect the well-being of the minor child, the court may do either or both of the following: (i) grant petitioner physical care or possession of the minor child, or both, or (ii) order respondent to return a minor child to, or not remove a minor child from, the physical care of a parent or person in loco parentis.
If the respondent is charged with abuse (as defined     in Section 112A-3 of this  Code) of a minor child, there shall be a rebuttable presumption that awarding physical care to respondent would not be in the minor child's best interest.
(6) Temporary allocation of parental responsibilities     and significant decision-making responsibilities. Award temporary significant decision-making responsibility to petitioner in accordance with this Section, the Illinois Marriage and Dissolution of Marriage Act, the Illinois Parentage Act of 2015, and this State's Uniform Child-Custody Jurisdiction and Enforcement Act.
If the respondent is charged with abuse (as defined     in Section 112A-3 of this Code) of a minor child, there shall be a rebuttable presumption that awarding temporary significant decision-making responsibility to respondent would not be in the child's best interest.
(7) Parenting time.  Determine the parenting time, if     any, of respondent in any case in which the court awards physical care or temporary significant decision-making responsibility of a minor child to petitioner.  The court shall restrict or deny respondent's parenting time with a minor child if the court finds that respondent has done or is likely to do any of the following:
(i) abuse or endanger the minor child during         parenting time;
(ii) use the parenting time  as an opportunity to         abuse or harass petitioner or petitioner's family or household members;
(iii) improperly conceal or detain the minor         child; or
(iv) otherwise act in a manner that is not in the         best interests of the minor child.
The court shall not be limited by the standards set     forth in Section 603.10 of the Illinois Marriage and Dissolution of Marriage Act.  If the court grants parenting time, the order shall specify dates and times for the parenting time to take place or other specific parameters or conditions that are appropriate.  No order for parenting time  shall refer merely to the term "reasonable parenting time". Petitioner may deny respondent access to the minor child if, when respondent arrives for parenting time, respondent is under the influence of drugs or alcohol and constitutes a threat to the safety and well-being of petitioner or petitioner's minor children or is behaving in a violent or abusive manner. If necessary to protect any member of petitioner's family or household from future abuse, respondent shall be prohibited from coming to petitioner's residence to meet the minor child for parenting time, and the petitioner and respondent  shall submit to the court their recommendations for reasonable alternative arrangements for parenting time.  A person may be approved to supervise parenting time only after filing an affidavit accepting that responsibility and acknowledging accountability to the court.
(8) Removal or concealment of minor child. Prohibit     respondent from removing a minor child from the State or concealing the child within the State.
(9) Order to appear.  Order the respondent to appear     in court, alone or with a minor child, to prevent abuse, neglect, removal or concealment of the child, to return the child to the custody or care of the petitioner, or to permit any court-ordered interview or examination of the child or the respondent.
(10) Possession of personal property.  Grant     petitioner exclusive possession of personal property and, if respondent has possession or control, direct respondent to promptly make it available to petitioner, if:
(i) petitioner, but not respondent, owns the         property; or
(ii) the petitioner and respondent own the         property jointly; sharing it would risk abuse of petitioner by respondent or is impracticable; and the balance of hardships favors temporary possession by petitioner.
If petitioner's sole claim to ownership of the     property is that it is marital property, the court may award petitioner temporary possession thereof under the standards of subparagraph (ii) of this paragraph only if a proper proceeding has been filed under the Illinois Marriage and Dissolution of Marriage Act, as now or hereafter amended.
No order under this provision shall affect title to     property.
(11) Protection of property.  Forbid the respondent     from taking, transferring, encumbering, concealing, damaging, or otherwise disposing of any real or personal property, except as explicitly authorized by the court, if:
(i) petitioner, but not respondent, owns the         property; or
(ii) the petitioner and respondent own the         property jointly, and the balance of hardships favors granting this remedy.
If petitioner's sole claim to ownership of the     property is that it is marital property, the court may grant petitioner relief under subparagraph (ii) of this paragraph only if a proper proceeding has been filed under the Illinois Marriage and Dissolution of Marriage Act, as now or hereafter amended.
The court may further prohibit respondent from     improperly using the financial or other resources of an aged member of the family or household for the profit or advantage of respondent or of any other person.
(11.5)  Protection of animals.  Grant the petitioner      the exclusive care, custody, or control of any animal owned, possessed, leased, kept, or held by either the petitioner or the respondent or a minor child residing in the residence or household of either the petitioner or the respondent and order the respondent to stay away from the animal and forbid the respondent from taking, transferring, encumbering, concealing, harming, or otherwise disposing of the animal.
(12) Order for payment of support.  Order respondent     to pay temporary support for the petitioner or any child in the petitioner's care or over whom the petitioner has been allocated parental responsibility, when the respondent has a legal obligation to support that person, in accordance with the Illinois Marriage and Dissolution of Marriage Act, which shall govern, among other matters, the amount of support, payment through the clerk and withholding of income to secure payment.  An order for child support may be granted to a petitioner with lawful physical care of a child, or an order or agreement for physical care of a child, prior to entry of an order allocating significant decision-making responsibility. Such a support order shall expire upon entry of a valid order allocating parental responsibility differently and vacating petitioner's significant decision-making responsibility unless otherwise provided in the order.
(13) Order for payment of losses. Order respondent to     pay petitioner for losses suffered as a direct result of the abuse.  Such losses shall include, but not be limited to, medical expenses, lost earnings or other support, repair or replacement of property damaged or taken, reasonable attorney's fees, court costs, and moving or other travel expenses, including additional reasonable expenses for temporary shelter and restaurant meals.
(i) Losses affecting family needs.  If a party is         entitled to seek maintenance, child support, or property distribution from the other party under the Illinois Marriage and Dissolution of Marriage Act, as now or hereafter amended, the court may order respondent to reimburse petitioner's actual losses, to the extent that such reimbursement would be "appropriate temporary relief", as authorized by subsection (a)(3) of Section 501 of that Act.
(ii) Recovery of expenses.  In the case of an         improper concealment or removal of a minor child, the court may order respondent to pay the reasonable expenses incurred or to be incurred in the search for and recovery of the minor child, including, but not limited to, legal fees, court costs, private investigator fees, and travel costs.
(14) Prohibition of entry.  Prohibit the respondent     from entering or remaining in the residence or household while the respondent is under the influence of alcohol or drugs and constitutes a threat to the safety and well-being of the petitioner or the petitioner's children.
(14.5) Prohibition of firearm possession.
(A) A person who is subject to an existing         domestic violence order of protection issued under this Code may not lawfully possess weapons or a Firearm Owner's Identification Card under Section 8.2 of the Firearm Owners Identification Card Act.
(B) Any firearms in the possession of the         respondent, except as provided in subparagraph (C) of this paragraph (14.5), shall be ordered by the court to be turned over to a person with a valid Firearm Owner's Identification Card for  safekeeping.  The court shall issue an order that the respondent comply with Section 9.5 of the Firearm Owners Identification Card Act.
(C) If the respondent is a peace officer as         defined in Section 2-13 of the Criminal Code of 2012, the court shall order that any firearms used by the respondent in the performance of his or her duties as a peace officer be surrendered to the chief law enforcement executive of the agency in which the respondent is employed, who shall retain the firearms for safekeeping for the duration of the domestic violence order of protection.
(D)  Upon expiration of the period of         safekeeping, if the firearms or Firearm Owner's Identification Card cannot be returned to respondent because respondent cannot be located, fails to respond to requests to retrieve the firearms, or is not lawfully eligible to possess a firearm, upon petition from the local law enforcement agency, the court may order the local law enforcement agency to destroy the firearms, use the firearms for training purposes, or for any other application as deemed appropriate by the local law enforcement agency; or that the firearms be turned over to a third party who is lawfully eligible to possess firearms, and who does not reside with respondent.
(15) Prohibition of access to records.  If a domestic     violence order of protection prohibits respondent from having contact with the minor child, or if petitioner's address is omitted under subsection (b) of Section 112A-5 of this Code, or if necessary to prevent abuse or wrongful removal or concealment of a minor child, the order shall deny respondent access to, and prohibit respondent from inspecting, obtaining, or attempting to inspect or obtain, school or any other records of the minor child who is in the care of petitioner.
(16) Order for payment of shelter services.  Order     respondent to reimburse a shelter providing temporary housing and counseling services to the petitioner for the cost of the services, as certified by the shelter and deemed reasonable by the court.
(17) Order for injunctive relief.  Enter injunctive     relief necessary or appropriate to prevent further abuse of a family or household member or to effectuate one of the granted remedies, if supported by the balance of hardships.  If the harm to be prevented by the injunction is abuse or any other harm that one of the remedies listed in paragraphs (1) through (16) of this subsection is designed to prevent, no further evidence is necessary to establish that the harm is an irreparable injury.
(18) Telephone services.
(A) Unless a condition described in subparagraph         (B) of this paragraph exists, the court  may, upon request by the petitioner, order a wireless telephone service provider to transfer to the petitioner the right to continue to use a telephone number or numbers indicated by the petitioner and the financial responsibility associated with the number or numbers, as set forth in subparagraph (C) of this paragraph. In this paragraph (18), the term "wireless telephone service provider" means a provider of commercial mobile service as defined in 47 U.S.C. 332. The petitioner may request the transfer of each telephone number that the petitioner, or a minor child in his or her custody, uses. The clerk of the court shall serve the order on the wireless telephone service provider's agent for service of process provided to the Illinois Commerce Commission. The order shall contain all of the following:
(i) The name and billing telephone number of             the account holder including the name of the wireless telephone service provider that serves the account.
(ii) Each telephone number that will be             transferred.
(iii) A statement that the provider transfers             to the petitioner all financial responsibility for and right to the use of any telephone number transferred under this paragraph.
(B) A wireless telephone service provider shall         terminate the respondent's use of, and shall transfer to the petitioner use of, the telephone number or numbers indicated in subparagraph (A) of this paragraph unless it notifies the petitioner, within 72 hours after it receives the order, that one of the following applies:
(i) The account holder named in the order has             terminated the account.
(ii) A difference in network technology would             prevent or impair the functionality of a device on a network if the transfer occurs.
(iii) The transfer would cause a geographic             or other limitation on network or service provision to the petitioner.
(iv) Another technological or operational             issue would prevent or impair the use of the telephone number if the transfer occurs.
(C) The petitioner assumes all financial         responsibility for and right to the use of any telephone number transferred under this paragraph. In this paragraph, "financial responsibility" includes monthly service costs and costs associated with any mobile device associated with the number.
(D) A wireless telephone service provider may         apply to the petitioner its routine and customary requirements for establishing an account or transferring a number, including requiring the petitioner to provide proof of identification, financial information, and customer preferences.
(E) Except for willful or wanton misconduct, a         wireless telephone service provider is immune from civil liability for its actions taken in compliance with a court order issued under this paragraph.
(F) All wireless service providers that provide         services to residential customers shall provide to the Illinois Commerce Commission the name and address of an agent for service of orders entered under this paragraph (18).  Any change in status of the registered agent must be reported to the Illinois Commerce Commission within 30 days of such change.
(G) The Illinois Commerce Commission shall         maintain the list of registered agents for service for each wireless telephone service provider on the Commission's website. The Commission may consult with wireless telephone service providers and the Circuit Court Clerks on the manner in which this information is provided and displayed.
(c) Relevant factors; findings.
(1) In determining whether to grant a specific     remedy, other than payment of support, the court shall consider relevant factors, including, but not limited to, the following:
(i) the nature, frequency, severity, pattern, and         consequences of the respondent's past abuse of the petitioner or any family or household member, including the concealment of his or her location in order to evade service of process or notice, and the likelihood of danger of future abuse to petitioner or any member of petitioner's or respondent's family or household; and
(ii) the danger that any minor child will be         abused or neglected or improperly relocated from the jurisdiction, improperly concealed within the State, or improperly separated from the child's primary caretaker.
(2) In comparing relative hardships resulting to the     parties from loss of possession of the family home, the court shall consider relevant factors, including, but not limited to, the following:
(i) availability, accessibility, cost, safety,         adequacy, location, and other characteristics of alternate housing for each party and any minor child or dependent adult in the party's care;
(ii) the effect on the party's employment; and
(iii) the effect on the relationship of the         party, and any minor child or dependent adult in the party's care, to family, school, church, and community.
(3) Subject to the exceptions set forth in paragraph     (4) of this subsection (c), the court shall make its findings in an official record or in writing, and shall at a minimum set forth the following:
(i) That the court has considered the applicable         relevant factors described in paragraphs (1) and (2) of this subsection (c).
(ii) Whether the conduct or actions of         respondent, unless prohibited, will likely cause irreparable harm or continued abuse.
(iii) Whether it is necessary to grant the         requested relief in order to protect petitioner or other alleged abused persons.
(4) (Blank).
(5) Never married parties.  No rights or     responsibilities for a minor child born outside of marriage attach to a putative father until a father and child relationship has been established under the Illinois Parentage Act of 1984, the Illinois Parentage Act of 2015, the Illinois Public Aid Code, Section 12 of the Vital Records Act, the Juvenile Court Act of 1987, the Probate Act of 1975, the Uniform Interstate Family Support Act, the Expedited Child Support Act of 1990, any judicial, administrative, or other act of another state or territory, any other statute of this State, or by any foreign nation establishing the father and child relationship, any other proceeding substantially in conformity with the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996, or when both parties appeared in open court or at an administrative hearing acknowledging under oath or admitting by affirmation the existence of a father and child relationship.  Absent such an adjudication, no putative father shall be granted temporary allocation of parental responsibilities, including parenting time with the minor child, or physical care and possession of the minor child, nor shall an order of payment for support of the minor child be entered.
(d) Balance of hardships; findings.  If the court finds that the balance
of hardships does not support the granting of a remedy governed by
paragraph (2), (3), (10), (11), or (16) of
subsection (b) of this Section,
which may require such balancing, the court's findings shall so
indicate and shall include a finding as to whether granting the remedy will
result in hardship to respondent that would substantially outweigh the hardship
to petitioner
from denial of the remedy.  The findings shall be an official record or in
writing.
(e) Denial of remedies.  Denial of any remedy shall not be based, in
whole or in part, on evidence that:
(1) respondent has cause for any use of force, unless     that cause satisfies the standards for justifiable use of force provided by Article 7 of the Criminal Code of 2012;
(2) respondent was voluntarily intoxicated;
(3) petitioner acted in self-defense or defense of     another, provided that, if petitioner utilized force, such force was justifiable under Article 7 of the Criminal Code of 2012;
(4) petitioner did not act in self-defense or defense     of another;
(5) petitioner left the residence or household to     avoid further abuse by respondent;
(6) petitioner did not leave the residence or     household to avoid further abuse by respondent; or
(7) conduct by any family or household member excused     the abuse by respondent, unless that same conduct would have excused such abuse if the parties had not been family or household members.
(Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
(725 ILCS 5/112A-14.5)
Sec. 112A-14.5. Civil no contact order; remedies.
(a) The court may order any of the remedies listed in this Section.  The remedies listed in this Section shall be in addition to other civil or criminal remedies available to petitioner:
(1) prohibit the respondent from knowingly coming         within, or knowingly remaining within, a specified distance from the petitioner;
(2) restrain the respondent from having any contact,         including nonphysical contact, with the petitioner directly, indirectly, or through third parties, regardless of whether those third parties know of the order;
(3) prohibit the respondent from knowingly coming         within, or knowingly remaining within, a specified distance from the petitioner's residence, school, day care or other specified location;
(4) order the respondent to stay away from any         property or animal owned, possessed, leased, kept, or held by the petitioner and forbid the respondent from taking, transferring, encumbering, concealing, harming, or otherwise disposing of the property or animal; and
(5) order any other injunctive relief as necessary or         appropriate for the protection of the petitioner.
(b) When the petitioner and the respondent attend the same public or private elementary, middle, or high school, the court when issuing a civil no contact order and providing relief shall consider the severity of the act, any continuing physical danger or emotional distress to the petitioner, the educational rights guaranteed to the petitioner and respondent under federal and State law, the availability of a transfer of the respondent to another school, a change of placement or a change of program of the respondent, the expense, difficulty, and educational disruption that would be caused by a transfer of the respondent to another school, and any other relevant facts of the case. The court may order that the respondent not attend the public, private, or non-public elementary, middle, or high school attended by the petitioner, order that the respondent accept a change of placement or program, as determined by the school district or private or non-public school, or place restrictions on the respondent's movements within the school attended by the petitioner. The respondent bears the burden of proving by a preponderance of the evidence that a transfer, change of placement, or change of program of the respondent is not available. The respondent also bears the burden of production with respect to the expense, difficulty, and educational disruption that would be caused by a transfer of the respondent to another school. A transfer, change of placement, or change of program is not unavailable to the respondent solely on the ground that the respondent does not agree with the school district's or private or non-public school's transfer, change of placement, or change of program or solely on the ground that the respondent fails or refuses to consent to or otherwise does not take an action required to effectuate a transfer, change of placement, or change of program. When a court orders a respondent to stay away from the public, private, or non-public school attended by the petitioner and the respondent requests a transfer to another attendance center within the respondent's school district or private or non-public school, the school district or private or non-public school shall have sole discretion to determine the attendance center to which the respondent is transferred. If the court order results in a transfer of the minor respondent to another attendance center, a change in the respondent's placement, or a change of the respondent's program, the parents, guardian, or legal custodian of the respondent is responsible for transportation and other costs associated with the transfer or change.
(c) The court may order the parents, guardian, or legal custodian of a minor respondent to take certain actions or to refrain from taking certain actions to ensure that the respondent complies with the order. If the court orders a transfer of the respondent to another school, the parents or legal guardians of the respondent are responsible for transportation and other costs associated with the change of school by the respondent.
(d) Denial of a remedy may not be based, in whole or in part, on evidence that:
(1) the respondent has cause for any use of force,         unless that cause satisfies the standards for justifiable use of force provided by Article 7 of the Criminal Code of 2012;
(2) the respondent was voluntarily intoxicated;
(3) the petitioner acted in self-defense or defense         of another, provided that, if the petitioner utilized force, such force was justifiable under Article 7 of the Criminal Code of 2012;
(4) the petitioner did not act in self-defense or         defense of another;
(5) the petitioner left the residence or household to         avoid further non-consensual sexual conduct or non-consensual sexual penetration by the respondent; or
(6) the petitioner did not leave the residence or         household to avoid further non-consensual sexual conduct or non-consensual sexual penetration by the respondent.
(e) Monetary damages are not recoverable as a remedy.
(Source: P.A. 100-199, eff. 1-1-18.)
(725 ILCS 5/112A-14.7)
Sec. 112A-14.7. Stalking no contact order; remedies.
(a) The court may order any of the remedies listed in this Section.  The remedies listed in this Section shall be in addition to other civil or criminal remedies available to petitioner.
A stalking no contact order shall order one or more of the following:
(1) prohibit the respondent from threatening to         commit or committing stalking;
(2) order the respondent not to have any contact with         the petitioner or a third person specifically named by the court;
(3) prohibit the respondent from knowingly coming         within, or knowingly remaining within a specified distance of the petitioner or the petitioner's residence, school, daycare, or place of employment, or any specified place frequented by the petitioner; however, the court may order the respondent to stay away from the respondent's own residence, school, or place of employment only if the respondent has been provided actual notice of the opportunity to appear and be heard on the petition;
(4) prohibit the respondent from possessing a         Firearm Owners Identification Card, or possessing or buying firearms; and
(5) order other injunctive relief the court         determines to be necessary to protect the petitioner or third party specifically named by the court.
(b) When the petitioner and the respondent attend the same public, private, or non-public elementary, middle, or high school, the court when issuing a stalking no contact order and providing relief shall consider the severity of the act, any continuing physical danger or emotional distress to the petitioner, the educational rights guaranteed to the petitioner and respondent under federal and State law, the availability of a transfer of the respondent to another school, a change of placement or a change of program of the respondent, the expense, difficulty, and educational disruption that would be caused by a transfer of the respondent to another school, and any other relevant facts of the case. The court may order that the respondent not attend the public, private, or non-public elementary, middle, or high school attended by the petitioner, order that the respondent accept a change of placement or program, as determined by the school district or private or non-public school, or place restrictions on the respondent's movements within the school attended by the petitioner. The respondent bears the burden of proving by a preponderance of the evidence that a transfer, change of placement, or change of program of the respondent is not available. The respondent also bears the burden of production with respect to the expense, difficulty, and educational disruption that would be caused by a transfer of the respondent to another school. A transfer, change of placement, or change of program is not unavailable to the respondent solely on the ground that the respondent does not agree with the school district's or private or non-public school's transfer, change of placement, or change of program or solely on the ground that the respondent fails or refuses to consent to or otherwise does not take an action required to effectuate a transfer, change of placement, or change of program. When a court orders a respondent to stay away from the public, private, or non-public school attended by the petitioner and the respondent requests a transfer to another attendance center within the respondent's school district or private or non-public school, the school district or private or non-public school shall have sole discretion to determine the attendance center to which the respondent is transferred. If the court order results in a transfer of the minor respondent to another attendance center, a change in the respondent's placement, or a change of the respondent's program, the parents, guardian, or legal custodian of the respondent is responsible for transportation and other costs associated with the transfer or change.
(c) The court may order the parents, guardian, or legal custodian of a minor respondent to take certain actions or to refrain from taking certain actions to ensure that the respondent complies with the order. If the court orders a transfer of the respondent to another school, the parents, guardian, or legal custodian of the respondent are responsible for transportation and other costs associated with the change of school by the respondent.
(d) The court shall not hold a school district or private or non-public school or any of its employees in civil or criminal contempt unless the school district or private or non-public school has been allowed to intervene.
(e) The court may hold the parents, guardian, or legal custodian of a minor respondent in civil or criminal contempt for a violation of any provision of any order entered under this Article for conduct of the minor respondent in violation of this Article if the parents, guardian, or legal custodian directed, encouraged, or assisted the respondent minor in the conduct.
(f) Monetary damages are not recoverable as a remedy.
(g) If the stalking no contact order prohibits the respondent from possessing a Firearm Owner's Identification Card, or possessing or buying firearms; the court shall confiscate the respondent's Firearm Owner's Identification Card and immediately return the card to the Illinois State Police Firearm Owner's Identification Card Office.
(Source: P.A. 102-538, eff. 8-20-21.)
(725 ILCS 5/112A-15) (from Ch. 38, par. 112A-15)
Sec. 112A-15. Mutual orders of protection; correlative separate
orders.  Mutual orders of protection are prohibited. Correlative separate orders
of protection undermine the purposes of this Article and are prohibited.  Nothing in this Section prohibits
a victim from seeking a civil order of protection.
(Source: P.A. 100-199, eff. 1-1-18.)
(725 ILCS 5/112A-16) (from Ch. 38, par. 112A-16)
Sec. 112A-16. Accountability for actions of others. For the purposes of
issuing a domestic violence order of protection,
deciding what remedies should be included and enforcing the order, Article
5 of the Criminal Code of 2012 shall govern whether respondent is legally
accountable for the conduct of another person.
(Source: P.A. 100-597, eff. 6-29-18.)
(725 ILCS 5/112A-17) (from Ch. 38, par. 112A-17)
Sec. 112A-17. (Repealed).
(Source: P.A. 97-333, eff. 8-12-11. Repealed by P.A. 100-199, eff. 1-1-18.)
(725 ILCS 5/112A-17.5)
Sec. 112A-17.5. Ex parte protective orders.
(a)  The petitioner may request expedited consideration of the petition for an ex parte protective order.  The court shall consider the request on an expedited basis without requiring the respondent's presence or requiring notice to the respondent.
(b)  Issuance of ex parte protective orders in cases involving domestic violence.  An ex parte domestic violence order of protection shall be issued if petitioner satisfies the requirements of this subsection (b) for one or more of the requested remedies. For each remedy requested, petitioner shall establish that:
(1) the court has jurisdiction under Section 112A-9     of this Code;
(2) the requirements of subsection (a) of Section     112A-11.5 of this Code are satisfied; and
(3) there is good cause to grant the remedy,     regardless of prior service of process or notice upon the respondent, because:
(A) for the remedy of prohibition of abuse         described in paragraph (1) of subsection (b) of Section 112A-14 of this Code; stay away order and additional prohibitions described in paragraph (3) of subsection (b) of Section 112A-14 of this Code; removal or concealment of minor child described in paragraph (8) of subsection (b) of Section 112A-14 of this Code; order to appear described in paragraph (9) of subsection (b) of Section 112A-14 of this Code; physical care and possession of the minor child described in paragraph (5) of subsection (b) of Section 112A-14 of this Code; protection of property described in paragraph (11) of subsection (b) of Section 112A-14 of this Code; prohibition of entry described in paragraph (14) of subsection (b) of Section 112A-14 of this Code; prohibition of firearm possession described in paragraph (14.5) of subsection (b) of Section 112A-14 of this Code; prohibition of access to records described in paragraph (15) of subsection (b) of Section 112A-14 of this Code; injunctive relief described in paragraph (16) of subsection (b) of Section 112A-14 of this Code; and telephone services described in paragraph (18) of subsection (b) of Section 112A-14 of this Code, the harm which that remedy is intended to prevent would be likely to occur if the respondent were given any prior notice, or greater notice than was actually given, of the petitioner's efforts to obtain judicial relief;
(B) for the remedy of grant of exclusive         possession of residence described in paragraph (2) of subsection (b) of Section 112A-14 of this Code; the immediate danger of further abuse of the petitioner by the respondent, if the petitioner chooses or had chosen to remain in the residence or household while the respondent was given any prior notice or greater notice than was actually given of the petitioner's efforts to obtain judicial relief outweighs the hardships to the respondent of an emergency order granting the petitioner exclusive possession of the residence or household; and the remedy shall not be denied because the petitioner has or could obtain temporary shelter elsewhere while prior notice is given to the respondent, unless the hardship to the respondent from exclusion from the home substantially outweigh the hardship to the petitioner; or
(C) for the remedy of possession of personal         property described in paragraph (10) of subsection (b) of Section 112A-14 of this Code; improper disposition of the personal property would be likely to occur if the respondent were given any prior notice, or greater notice than was actually given, of the petitioner's efforts to obtain judicial relief or the petitioner has an immediate and pressing need for the possession of that property.
An ex parte domestic violence order of protection may not include the counseling, custody, or payment of support or monetary compensation remedies provided by paragraphs (4), (12), (13), and (16) of subsection (b) of Section 112A-14 of this Code.
(c) Issuance of ex parte civil no contact order in cases involving sexual offenses.  An ex parte civil no contact order shall be issued if the petitioner establishes that:
(1) the court has jurisdiction under Section 112A-9     of this Code;
(2) the requirements of subsection (a) of Section     112A-11.5 of this Code are satisfied; and
(3) there is good cause to grant the remedy,     regardless of prior service of process or of notice upon the respondent, because the harm which that remedy is intended to prevent would be likely to occur if the respondent were given any prior notice, or greater notice than was actually given, of the petitioner's efforts to obtain judicial relief.
The court may order any of the remedies under Section 112A-14.5 of this Code.
(d)  Issuance of ex parte stalking no contact order in cases involving stalking offenses.  An ex parte stalking no contact order shall be issued if the petitioner establishes that:
(1) the court has jurisdiction under Section 112A-9     of this Code;
(2) the requirements of subsection (a) of Section     112A-11.5 of this Code are satisfied; and
(3) there is good cause to grant the remedy,     regardless of prior service of process or of notice upon the respondent, because the harm which that remedy is intended to prevent would be likely to occur if the respondent were given any prior notice, or greater notice than was actually given, of the petitioner's efforts to obtain judicial relief.
The court may order any of the remedies under Section 112A-14.7 of this Code.
(e) Issuance of ex parte protective orders on court holidays and evenings.
When the court is unavailable at the close of business, the petitioner may file a petition for an ex parte protective order before any available circuit judge or associate judge who may grant relief under this Article. If the judge finds that petitioner has satisfied the prerequisites in subsection (b), (c), or (d) of this Section, the judge shall issue an ex parte protective order.
The chief judge of the circuit court may designate for each county in the circuit at least one judge to be reasonably available to issue orally, by telephone, by facsimile, or otherwise, an ex parte protective order at all times, whether or not the court is in session.
The judge who issued the order under this Section shall promptly communicate or convey the order to the sheriff to facilitate the entry of the order into the Law Enforcement Agencies Data System by the Illinois State Police under Section 112A-28 of this Code. Any order issued under this Section and any documentation in support of it shall be certified on the next court day to the appropriate court. The clerk of that court shall immediately assign a case number, file the petition, order, and other documents with the court and enter the order of record and file it with the sheriff for service under subsection (f) of this Section.  Failure to comply with the requirements of this subsection (e) shall not affect the validity of the order.
(f) Service of ex parte protective order on respondent.
(1) If an ex parte protective order is entered at the     time a summons or arrest warrant is issued for the criminal charge, the petition for the protective order, any supporting affidavits, if any, and the ex parte protective order that has been issued shall be served with the summons or arrest warrant.  The enforcement of a protective order under Section 112A-23 of this Code shall not be affected by the lack of service or delivery, provided the requirements of subsection (a) of Section 112A-23 of this Code are otherwise met.
(2) If an ex parte protective order is entered after     a summons or arrest warrant is issued and before the respondent makes an initial appearance in the criminal case, the summons shall be 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 and shall be accompanied by the petition for the protective order, any supporting affidavits, if any, and the ex parte protective order that has been issued.
(3)  If an ex parte protective order is entered after     the respondent has been served notice of a petition for a final protective order and the respondent has requested a continuance to respond to the petition, the ex parte protective order shall be served: (A) in open court if the respondent is present at the proceeding at which the order was entered; or (B) by summons in the form prescribed by subsection (d) of Supreme Court Rule 101.
(4) No fee shall be charged for service of summons.
(5) The summons shall be served by the sheriff or     other law enforcement officer at the earliest time and shall take precedence over other summonses except those of a similar emergency nature. 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 an ex parte 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.  Process may be served in court.
(g)  Upon 7 days' notice to the petitioner, or a shorter notice period as the court may prescribe, a respondent subject to an ex parte protective order may appear and petition the court to re-hear the petition.  Any petition to re-hear shall be verified and shall allege the following:
(1) that respondent did not receive prior notice of     the initial hearing in which the ex parte protective order was entered under Section 112A-17.5 of this Code; and
(2) that respondent had a meritorious defense to the     order or any of its remedies or that the order or any of its remedies was not authorized under this Article.
The verified petition and affidavit shall set forth the evidence of the meritorious defense that will be presented at a hearing.  If the court finds that the evidence presented at the hearing on the petition establishes a meritorious defense by a preponderance of the evidence, the court may decide to vacate the protective order or modify the remedies.
(h) If the ex parte protective order granted petitioner exclusive possession of the residence and the petition of respondent seeks to re-open or vacate that grant, the court shall set a date for hearing within 14 days on all issues relating to exclusive possession. Under no circumstances shall a court continue a hearing concerning exclusive possession beyond the 14th day except by agreement of the petitioner and the respondent. Other issues raised by the pleadings may be consolidated for the hearing if the petitioner, the respondent, and the court do not object.
(i) Duration of ex parte protective order.  An ex parte order shall remain in effect until the court considers the request for a final protective order after notice has been served on the respondent or a default final protective order is entered, whichever occurs first.  If a court date is scheduled for the issuance of a default protective order and the petitioner fails to personally appear or appear through counsel or the prosecuting attorney, the petition shall be dismissed and the ex parte order terminated.
(Source: P.A. 102-538, eff. 8-20-21.)
(725 ILCS 5/112A-18) (from Ch. 38, par. 112A-18)
Sec. 112A-18. 
		(Repealed).
(Source: P.A. 87-1186. Repealed by P.A. 100-199, eff. 1-1-18.)
(725 ILCS 5/112A-19) (from Ch. 38, par. 112A-19)
Sec. 112A-19. 
		(Repealed).
(Source: P.A. 84-1305. Repealed by P.A. 100-199, eff. 1-1-18.)
(725 ILCS 5/112A-20) (from Ch. 38, par. 112A-20)
Sec. 112A-20. Duration and extension of final protective orders.
(a) (Blank).
(b) A final protective order shall remain in effect as follows:
(1) if entered during pre-trial release, until     disposition, withdrawal, or dismissal of the underlying charge; if, however, the case is continued as an independent cause of action, the order's duration may be for a fixed period of time not to exceed 2 years;
(2) if in effect in conjunction with a bond     forfeiture warrant, until final disposition or an additional period of time not exceeding 2 years; no domestic violence order of protection, however, shall be terminated by a dismissal that is accompanied by the issuance of a bond forfeiture warrant;
(3) until 2 years after the expiration of any     supervision, conditional discharge, probation, periodic imprisonment, parole, aftercare release, or mandatory supervised release for domestic violence orders of protection and civil no contact orders;
(4) until 2 years after the date set by the court for     expiration of any sentence of imprisonment and subsequent parole, aftercare release, or mandatory supervised release for domestic violence orders of protection and civil no contact orders;
(5) permanent for a stalking no contact order if a     judgment of conviction for stalking is entered; or
(6) permanent for a civil no contact order at the     victim's request if a judgment of conviction for criminal sexual assault, aggravated criminal sexual assault, criminal sexual abuse, excluding a conviction under subsection (c) of Section 11-1.50 of the Criminal Code of 2012, or aggravated criminal sexual abuse is entered.
(c) Computation of time.  The duration of a domestic violence order of protection shall
not be reduced by the duration of any prior domestic violence order of protection.
(d) Law enforcement records.  When a protective order expires
upon the occurrence of a specified event, rather than upon a specified date
as provided in subsection (b), no expiration date shall be entered in
Illinois State Police records.  To remove the protective order from
those records, either the petitioner or the respondent shall request the clerk of the court to file a
certified copy of an order stating that the specified event has occurred or
that the protective order has been vacated or modified with the sheriff, and the
sheriff shall direct that law enforcement records shall be promptly
corrected in accordance with the filed order.
(e) Extension of Orders.  Any domestic violence order of
protection or civil no contact order that expires 2 years after the expiration of the defendant's sentence under paragraph (2), (3), or (4) of subsection (b) of Section 112A-20 of this Article may be extended one or more times, as required. The petitioner, petitioner's counsel, or the State's Attorney on the petitioner's behalf shall file the motion for an extension of the final protective order in the criminal case and serve the motion in accordance with Supreme Court Rules 11 and 12. The court shall transfer the motion to the appropriate court or division for consideration under subsection (e) of Section 220 of the Illinois Domestic Violence Act of 1986, subsection (c) of Section 216 of the Civil No Contact Order Act, or subsection (c) of Section 105 of the Stalking No Contact Order as appropriate.
(f) Termination date.  Any final protective order which would expire on a
court holiday shall instead expire at the close of the next court business day.
(g) Statement of purpose.  The practice of dismissing or suspending a
criminal prosecution in exchange for issuing a protective order
undermines the purposes of this Article.  This Section shall not be
construed as encouraging that practice.
(Source: P.A. 102-184, eff. 1-1-22; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
(725 ILCS 5/112A-21) (from Ch. 38, par. 112A-21)
Sec. 112A-21. Contents of orders.
(a) Any domestic violence order of protection shall
describe, in reasonable detail and not by reference to any other
document, the following:
(1) Each remedy granted by the court, in reasonable     detail and not by reference to any other document, so that respondent may clearly understand what he or she must do or refrain from doing. Pre-printed form orders of protection shall include the definitions of the types of abuse, as provided in Section 112A-3 of this Code. Remedies set forth in pre-printed form for domestic violence orders shall be numbered consistently with and corresponding to the numerical sequence of remedies listed in Section 112A-14 of this Code (at least as of the date the form orders are printed).
(2) The reason for denial of petitioner's request for     any remedy listed in Section 112A-14 of this Code.
(b) A domestic violence order of protection shall further state the following:
(1) The name of each petitioner that the court finds     is a victim of a charged offense, and that respondent is a member of the family or household of each such petitioner, and the name of each other person protected by the order and that such person is protected by this Code.
(2) For any remedy requested by petitioner on which     the court has declined to rule, that that remedy is reserved.
(3) The date and time the domestic violence order of     protection was issued.
(4) (Blank).
(5) (Blank).
(6) (Blank).
(c) Any domestic violence order of protection shall include the following notice, printed in
conspicuous type:
"Any knowing violation of a domestic violence order     of protection forbidding physical abuse, harassment, intimidation, interference with personal liberty, willful deprivation, or entering or remaining present at specified places when the protected person is present, or granting exclusive possession of the residence or household, or granting a stay away order is a Class A misdemeanor for a first offense, and a Class 4 felony for persons with a prior conviction for certain offenses under subsection (d) of Section 12-3.4 of the Criminal Code of 2012.  Grant of exclusive possession of the residence or household shall constitute notice forbidding trespass to land. Any knowing violation of an order awarding legal custody or physical care of a child or prohibiting removal or concealment of a child may be a Class 4 felony.  Any willful violation of any order is contempt of court.  Any violation may result in fine or imprisonment."
(d) (Blank).
(e) A domestic violence order of protection shall state, "This Order of Protection is enforceable, even without registration, in all 50 states, the District of Columbia, tribal lands, and the U.S. territories pursuant to the Violence Against Women Act (18 U.S.C. 2265).  Violating this Order of Protection may subject the respondent to federal charges and punishment (18 U.S.C. 2261-2262).  The respondent may be subject to federal criminal penalties for possessing, transporting, shipping, or receiving any firearm or ammunition under the Gun Control Act (18 U.S.C. 922(g)(8) and (9))."
(Source: P.A. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18.)
(725 ILCS 5/112A-21.5)
Sec. 112A-21.5. Contents of civil no contact orders.
(a) Any civil no contact order shall describe each remedy granted by the court, in reasonable detail and not by reference to any other document, so that the respondent may clearly understand what he or she must do or refrain from doing.
(b) A civil no contact order shall further state the following:
(1) The name of each petitioner that the court finds     is a victim of a charged offense     and the name of each other person protected by the civil no contact order.
(2) The date and time the civil no contact order was         issued.
(c) A civil no contact order shall include the following notice, printed in conspicuous type:
"Any knowing violation of a civil no contact order is     a Class A misdemeanor. Any second or subsequent violation is a Class 4 felony."
"This Civil No Contact Order is enforceable, even     without registration, in all 50 states, the District of Columbia, tribal lands, and the U.S. territories under the Violence Against Women Act (18 U.S.C. 2265)."
(Source: P.A. 100-199, eff. 1-1-18.)
(725 ILCS 5/112A-21.7)
Sec. 112A-21.7. Contents of stalking no contact orders.
(a) Any stalking no contact order shall describe each remedy granted by the court, in reasonable detail and not by reference to any other document, so that the respondent may clearly understand what he or she must do or refrain from doing.
(b) A stalking no contact order shall further state the following:
(1) The name of each petitioner that the court finds         was the victim of stalking by the respondent.
(2) The date and time the stalking no contact order     was issued.
(c) A stalking no contact order shall include the following notice, printed in conspicuous type:
"An initial knowing violation of a stalking no     contact order is a Class A misdemeanor. Any second or subsequent knowing violation is a Class 4 felony."
"This Stalking No Contact Order is enforceable, even     without registration, in all 50 states, the District of Columbia, tribal lands, and the U.S. territories under the Violence Against Women Act (18 U.S.C. 2265)."
(Source: P.A. 100-199, eff. 1-1-18.)
(725 ILCS 5/112A-22) (from Ch. 38, par. 112A-22)
Sec. 112A-22. Notice of orders.
(a) Entry and issuance.  Upon issuance
of any protective order, the clerk shall
immediately, or on the next court day if an ex parte order is issued under subsection (e) of Section 112A-17.5 of this Code,
(i) enter the order on the record and file it
in accordance with the circuit court
procedures and (ii) provide a file stamped copy of the order to
respondent and to petitioner, if present, and to the State's Attorney. If the victim is not present the State's Attorney shall (i) as soon as practicable notify the petitioner the order has been entered and (ii) provide a file stamped copy of the order to the petitioner within 3 days.
(b) Filing with sheriff.  The clerk of the issuing judge shall, on the same day that a protective order is
issued, file a copy of that order with the sheriff or other law enforcement
officials charged with maintaining Illinois State Police records or charged with serving the order upon respondent.  If the order was issued under subsection (e) of Section 112A-17.5 of this Code, the clerk on the next court day shall file a certified copy of the order with the sheriff or other law enforcement officials charged with maintaining Illinois State Police records.
(c) (Blank).
(c-2) Service by sheriff. Unless respondent 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 respondent and file proof of the service, in the manner provided for service of process in civil proceedings. Instead of serving the order upon the respondent; however, the sheriff, other law enforcement official, special process server, or other persons defined in Section 112A-22.1 of this Code may serve the respondent with a short form notification as provided in Section 112A-22.1 of this Code. If process has not yet been served upon the respondent, process shall be served with the order or short form notification if the service is made by the sheriff, other law enforcement official, or special process server.
(c-3) If the person against whom the protective order is issued is arrested and the written order is issued under subsection (e) of Section 112A-17.5 of this Code and received by the custodial law enforcement agency before the respondent or arrestee is released from custody, the custodial law enforcement agency shall promptly serve the order upon the respondent or arrestee before the respondent or arrestee is released from custody. In no event shall detention of the respondent or arrestee be extended for a hearing on the petition for protective order or receipt of the order issued under Section 112A-17 of this Code.
(c-4) Extensions, modifications, and revocations. Any order extending, modifying, or revoking any protective order shall be promptly recorded, issued, and served as provided in this Section.
(c-5) (Blank).
(d) (Blank).
(e) Notice to health care facilities and health care practitioners. Upon the request of the petitioner, the clerk of the circuit court shall send a certified copy of the protective order to any specified health care facility or health care practitioner requested by the petitioner at the mailing address provided by the petitioner.
(f) Disclosure by health care facilities and health care practitioners. After receiving a certified copy of a protective order that prohibits a respondent's access to records, no health care facility or health care practitioner shall allow a respondent access to the records of any child who is a  protected person under the protective order, or release information in those records to the respondent, unless the order has expired or the respondent shows a certified copy of the court order vacating the corresponding protective order that was sent to the health care facility or practitioner.  Nothing in this Section shall be construed to require health

care facilities or health care practitioners to alter procedures related to billing and payment. The health care facility or health care practitioner may file the copy of the protective order in the records of a child who is a protected person under the protective order, or may employ any other method to identify the records to which a respondent is prohibited access. No health care facility or health care practitioner shall be civilly or professionally liable for

reliance on a copy of a protective order, except for willful and wanton misconduct.
(g) Notice to schools.  Upon the request of the petitioner, within 24
hours of the issuance of a protective order, the clerk of the issuing judge shall
send a certified copy of
the protective order to the day-care facility,
pre-school or pre-kindergarten, or private school or the principal
office of the public school district or any college or university in which any child who
is a protected person under the protective order or any child
of
the
petitioner is enrolled as requested by the petitioner at the mailing address provided by the petitioner.
If the child transfers enrollment to another day-care facility, pre-school,
pre-kindergarten,
private school, public school, college, or university, the petitioner may,
within 24 hours
of the transfer, send to the clerk written notice of the transfer, including
the name and
address of the institution to which the child is transferring.
 Within 24 hours of receipt of notice
from the petitioner that a child is transferring to another day-care facility,
pre-school, pre-kindergarten, private school, public school, college, or
university, the clerk shall send a certified copy of the order to the institution to which the child
is
transferring.
(h) Disclosure by schools.  After receiving a certified copy of a protective order that prohibits a respondent's access to records, neither a
day-care facility, pre-school, pre-kindergarten, public
or private school, college, or university nor its employees shall allow a
respondent access to a
protected child's records or release information in those records to the
respondent.  The school shall file
the copy of the protective order in the records of a child who
is a protected person under the order.  When a child who is a
protected person under the protective order transfers to another day-care
facility, pre-school, pre-kindergarten, public or private school, college, or
university, the institution from which the child is transferring may, at the
request of the petitioner, provide,
within 24 hours of the transfer, written notice of the protective order,
along with a certified copy of the order, to the institution to which the child
is
transferring.
(Source: P.A. 102-538, eff. 8-20-21.)
(725 ILCS 5/112A-22.1)
Sec. 112A-22.1. Short form notification.
(a) Instead of personal service of a protective order under Section 112A-22 of this Code, a sheriff, other law enforcement official, special process server, or personnel assigned by the Department of Corrections or Department of Juvenile Justice to investigate the alleged misconduct of committed persons or alleged violations of the person's conditions of parole, aftercare release, or mandatory supervised release, may serve a respondent with a short form notification. The short form notification shall include the following:
(1) Respondent's name.
(2) Respondent's date of birth, if known.
(3) Petitioner's name.
(4) Names of other protected parties.
(5) Date and county in which the protective order was     filed.
(6) Court file number.
(7) Hearing date and time, if known.
(8) Conditions that apply to the respondent, either     in checklist form or handwritten.
(b) The short form notification shall contain the following notice in bold print:
"The order is now enforceable. You must report to the office of the sheriff or the office of the circuit court in (name of county) County to obtain a copy of the order. You are subject to arrest and may be charged with a misdemeanor or felony if you violate any of the terms of the order."
(c) Upon verification of the identity of the respondent and the existence of an unserved order against the respondent, a sheriff or other law enforcement official may detain the respondent for a reasonable time necessary to complete and serve the short form notification.
(d) When service is made by short form notification under this Section, it may be proved by the affidavit of the person making the service.
(e) The Attorney General shall make the short form notification form available to law enforcement agencies in this State.
(Source: P.A. 100-597, eff. 6-29-18.)
(725 ILCS 5/112A-22.3)
Sec. 112A-22.3. Withdrawal or dismissal of charges or petition.
(a) Voluntary dismissal or withdrawal of any delinquency petition or criminal prosecution or a finding of not guilty shall not require dismissal or vacation of the protective order; instead, at the request of the petitioner, petitioner's counsel, or the State's Attorney on behalf of the petitioner, it may be treated as an independent action and, if necessary and appropriate, transferred to a different court or division. Dismissal of any delinquency petition or criminal prosecution shall not affect the validity of any previously issued protective order.
(b) Withdrawal or dismissal of any petition for a protective order shall operate as a dismissal without prejudice.
(Source: P.A. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18.)
(725 ILCS 5/112A-22.5)
Sec. 112A-22.5. 
		(Repealed).
(Source: P.A. 91-903, eff. 1-1-01. Repealed by P.A. 100-199, eff. 1-1-18.)
(725 ILCS 5/112A-22.10)
Sec. 112A-22.10. (Repealed).
(Source: P.A. 97-50, eff. 6-28-11; 98-558, eff. 1-1-14. Repealed by P.A. 100-199, eff. 1-1-18.)
(725 ILCS 5/112A-23) (from Ch. 38, par. 112A-23)
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 or by a military judge, 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 paragraph (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 paragraph (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 paragraph (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 paragraph (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 or by a military judge, 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 paragraph (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 the 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 subsection (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 order
unless 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. 102-184, eff. 1-1-22; 102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 102-890, eff. 5-19-22; 103-407, eff. 7-28-23.)
(725 ILCS 5/112A-24) (from Ch. 38, par. 112A-24)
Sec. 112A-24. Modification, re-opening, and extension of orders.
(a) Except as
otherwise provided in this Section, upon motion by petitioner, petitioner's counsel, or the State's Attorney on behalf of the petitioner, the court
may modify a protective order:
(1) If respondent has abused petitioner since the     hearing for that order, by adding or altering one or more remedies, as authorized by Section 112A-14, 112A-14.5, or 112A-14.7 of this Code; and
(2) Otherwise, by adding any remedy authorized by     Section 112A-14, 112A-14.5, or 112A-14.7 which was:
(i) reserved in that protective order;
(ii) not requested for inclusion in that         protective order; or
(iii) denied on procedural grounds, but not on         the merits.
(a-5)  A petitioner, petitioner's counsel, or the State's Attorney on the petitioner's behalf may file a motion to vacate or modify a final stalking no contact order.  The motion shall be served in accordance with Supreme Court Rules 11 and 12.
(b) Upon motion by the petitioner, petitioner's counsel, State's Attorney, or respondent, the court may modify any
prior domestic violence order of protection's remedy for custody,
visitation or payment of
support in accordance with the relevant provisions of the Illinois Marriage
and Dissolution of Marriage Act.
(c) After 30 days following the entry of a protective order, a court may modify that order only when changes in the
applicable law or facts since that final order was entered warrant a
modification of its terms.
(d) (Blank).
(e) (Blank).
(f) (Blank).
(g) This Section does not limit the means, otherwise available by law, for vacating or modifying protective orders.
(Source: P.A. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18.)
(725 ILCS 5/112A-25) (from Ch. 38, par. 112A-25)
Sec. 112A-25. Immunity from prosecution. Any individual or organization acting in good faith to report the abuse of
any person 60 years of age or older or to do any of the
following in complying with the provisions of this Article shall not be subject
to criminal prosecution or civil liability as a result of such action:
providing any information to the appropriate law  enforcement agency,
providing that the giving of any information  does not violate any
privilege of confidentiality  under law; assisting in any investigation;
assisting in the preparation of any materials for distribution under this
Article; or by providing services ordered under a protective order.
(Source: P.A. 100-199, eff. 1-1-18.)
(725 ILCS 5/112A-26) (from Ch. 38, par. 112A-26)
Sec. 112A-26. Arrest without warrant.
(a) Any law enforcement officer may
make an arrest without
warrant if the officer has probable cause to believe that the person has
committed or is committing any crime, including but not limited to
violation of a domestic violence order of protection, under Section 12-3.4 or 12-30 of the Criminal
Code of 1961 or the Criminal Code of 2012, violation of a civil no contact order, under Section 11-1.75 of the Criminal Code of 2012, or violation of a stalking no contact order, under Section 12-7.5A of the Criminal Code of 2012, even if the crime was not committed in the presence of the
officer.
(b) The law enforcement officer may verify the existence of a protective order by telephone or radio communication with his or her law enforcement
agency or by referring to the copy of the order provided by petitioner
or respondent.
(Source: P.A. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18.)
(725 ILCS 5/112A-27) (from Ch. 38, par. 112A-27)
Sec. 112A-27. Law enforcement policies.
(a) Every law enforcement agency
shall develop, adopt, and implement written policies regarding arrest
procedures for domestic violence incidents consistent with the provisions
of this Article.  In developing these policies, each law enforcement agency shall consult with community organizations and other law
enforcement agencies with expertise in recognizing and handling domestic
violence incidents.
(b) In the initial training of new recruits and every 5 years in the continuing education of law enforcement officers, every law enforcement agency shall provide training to aid in understanding the actions of domestic violence victims and abusers and to prevent further victimization of those who have been abused, focusing specifically on looking beyond the physical evidence to the psychology of domestic violence situations, such as the dynamics of the aggressor-victim relationship, separately evaluating claims where both parties claim to be the victim, and long-term effects.
The Law Enforcement Training Standards Board shall formulate and administer the training under this subsection (b) as part of the current programs for both new recruits and active law enforcement officers. The Board shall formulate the training by July 1, 2017, and implement the training statewide by July 1, 2018. In formulating the training, the Board shall work with community organizations with expertise in domestic violence to determine which topics to include. The Law Enforcement Training Standards Board shall oversee the implementation and continual administration of the training.
(Source: P.A. 99-810, eff. 1-1-17.)
(725 ILCS 5/112A-28) (from Ch. 38, par. 112A-28)
Sec. 112A-28. Data maintenance by law enforcement agencies.
(a) All sheriffs shall furnish to the Illinois State Police, daily, in
the form and detail the Illinois State Police requires, copies of any recorded protective orders issued by the court, and any foreign protective orders, including, but not limited to, an order of protection issued by a military judge, filed by
the clerk of the court, and transmitted to the sheriff by the clerk of the
court.  Each protective order shall be entered in the Law Enforcement Agencies

Data System on the same day it is issued by the court.
(b) The Illinois State Police shall maintain a complete and systematic
record and index of all valid and recorded protective orders issued or
filed under this Act.  The data shall be used to inform all dispatchers
and law enforcement officers at the scene of an alleged incident of abuse or
violation of a protective order of any recorded prior incident of abuse
involving the abused party and the effective dates and terms of any recorded
protective order.
(c) The data, records and transmittals required under this Section shall
pertain to:
(1) any valid emergency, interim or plenary domestic     violence order of protection, civil no contact or stalking no contact order  issued in a civil proceeding; and
(2) any valid ex parte or final protective order     issued in a criminal proceeding or authorized under the laws of another state, tribe, or United States territory.
(Source: P.A. 102-538, eff. 8-20-21; 102-890, eff. 5-19-22; 103-407, eff. 7-28-23.)
(725 ILCS 5/112A-29) (from Ch. 38, par. 112A-29)
Sec. 112A-29. 
		Reports by law enforcement officers.
(a) Every law enforcement
officer investigating an alleged incident of abuse
between family or household
members shall make a written police report of any bona fide allegation and
the disposition of such investigation.  The police report shall include
the victim's statements as to the frequency and severity of prior incidents
of abuse by the same family or household
member and the number of prior
calls for police assistance to prevent such further abuse.
(b) Every police report completed pursuant to this Section shall be recorded
and compiled as a domestic crime within the meaning of Section 5.1 of the
Criminal Identification Act.
(Source: P.A. 87-1186.)
(725 ILCS 5/112A-30) (from Ch. 38, par. 112A-30)
Sec. 112A-30. Assistance by law enforcement officers.
(a) Whenever a law enforcement officer has reason to believe that a person
has been abused by a family or household member, the officer shall immediately
use all reasonable means to prevent further abuse, including:
(1) Arresting the abusing party, where appropriate;
(2) If there is probable cause to believe that     particular weapons were used to commit the incident of abuse, subject to constitutional limitations, seizing and taking inventory of the weapons;
(3) Accompanying the victim of abuse to his or her     place of residence for a reasonable period of time to remove necessary personal belongings and possessions;
(4) Offering the victim of abuse immediate and     adequate information (written in a language appropriate for the victim or in Braille or communicated in appropriate sign language), which shall include a summary of the procedures and relief available to victims of abuse under this Article and the officer's name and badge number;
(5) Providing the victim with one referral to an     accessible service agency;
(6) Advising the victim of abuse about seeking     medical attention and preserving evidence (specifically including photographs of injury or damage and damaged clothing or other property); and
(7) Providing or arranging accessible transportation     for the victim of abuse (and, at the victim's request, any minors or dependents in the victim's care) to a medical facility for treatment of injuries or to a nearby place of shelter or safety; or, after the close of court business hours, providing or arranging for transportation for the victim (and, at the victim's request, any minors or dependents in the victim's care) to the nearest available circuit judge or associate judge so the victim may file a petition for an emergency order of protection under Section 217 of the Illinois Domestic Violence Act of 1986.  When a victim of abuse chooses to leave the scene of the offense, it shall be presumed that it is in the best interests of any minors or dependents in the victim's care to remain with the victim or a person designated by the victim, rather than to remain with the abusing party.
(b) Whenever a law enforcement officer does not exercise arrest powers
or otherwise initiate criminal proceedings, the officer shall:
(1) Make a police report of the investigation of any     bona fide allegation of an incident of abuse and the disposition of the investigation, in accordance with subsection (a) of Section 112A-29;
(2) Inform the victim of abuse of the victim's right     to request that a criminal proceeding be initiated where appropriate, including specific times and places for meeting with the State's Attorney's office, a warrant officer, or other official in accordance with local procedure; and
(3) Advise the victim of the importance of seeking     medical attention and preserving evidence (specifically including photographs of injury or damage and damaged clothing or other property).
(c) Except as provided by Section 24-6 of the Criminal Code of 2012 or
under a court order, any weapon seized under subsection (a)(2) shall be
returned forthwith to the person from whom it was seized when it is no longer
needed for evidentiary purposes.
(Source: P.A. 100-199, eff. 1-1-18.)
(725 ILCS 5/112A-31) (from Ch. 38, par. 112A-31)
Sec. 112A-31. 
		Limited law enforcement liability. 
		Any act of omission or
commission by any law enforcement officer acting in good faith in rendering
emergency assistance or otherwise enforcing this Article shall not impose civil
liability upon the law enforcement officer or his or her supervisor or
employer,
unless the act is a result of willful or wanton misconduct.
(Source: P.A. 87-1186.)