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1 | AN ACT concerning protective orders.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
| ||||||
4 | Section 5. The Code of Criminal Procedure of 1963 is | ||||||
5 | amended by changing Section 112A-3 as follows:
| ||||||
6 | (725 ILCS 5/112A-3) (from Ch. 38, par. 112A-3)
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7 | Sec. 112A-3. Definitions. For the purposes of this Article, | ||||||
8 | the
following terms shall have the following meanings:
| ||||||
9 | (1) "Abuse" means physical abuse, harassment, intimidation | ||||||
10 | of a
dependent, interference with personal liberty or willful | ||||||
11 | deprivation but
does not include reasonable direction of a | ||||||
12 | minor child by a parent or
person in loco parentis.
| ||||||
13 | (2) "Domestic violence" means abuse as described in | ||||||
14 | paragraph (1).
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15 | (3) "Family or household members" include spouses, former | ||||||
16 | spouses,
parents, children, stepchildren and other persons | ||||||
17 | related by blood or
by present or prior marriage, persons who | ||||||
18 | share or formerly shared a
common dwelling, persons who have or | ||||||
19 | allegedly have a child in common, persons
who share or | ||||||
20 | allegedly share a blood relationship through a child, persons | ||||||
21 | who
have or have had a dating or engagement relationship, | ||||||
22 | persons with disabilities
and their personal assistants, and | ||||||
23 | caregivers as defined in paragraph (3) of
subsection (b) of | ||||||
24 | Section 12-21 of the Criminal Code of 1961.
For purposes of | ||||||
25 | this paragraph, neither a casual acquaintanceship nor
ordinary | ||||||
26 | fraternization between 2 individuals in business or social
| ||||||
27 | contexts shall be deemed to constitute a dating relationship.
| ||||||
28 | (4) "Harassment" means knowing conduct which
is not | ||||||
29 | necessary to accomplish a purpose which is reasonable under the
| ||||||
30 | circumstances; would cause a reasonable person emotional | ||||||
31 | distress; and
does cause emotional distress to the petitioner.
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32 | Unless the presumption is rebutted by a preponderance of the |
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1 | evidence, the
following types of conduct shall be presumed to | ||||||
2 | cause emotional distress:
| ||||||
3 | (i) creating a disturbance at petitioner's place of | ||||||
4 | employment or school;
| ||||||
5 | (ii) repeatedly telephoning petitioner's place of | ||||||
6 | employment, home or
residence;
| ||||||
7 | (iii) repeatedly following petitioner about in a | ||||||
8 | public place or places;
| ||||||
9 | (iv) repeatedly keeping petitioner under surveillance | ||||||
10 | by remaining
present outside his or her home, school, place | ||||||
11 | of employment, vehicle or
other place occupied by | ||||||
12 | petitioner or by peering in petitioner's windows;
| ||||||
13 | (v) improperly concealing a minor child from | ||||||
14 | petitioner, repeatedly
threatening to improperly remove a | ||||||
15 | minor child of petitioner's from the
jurisdiction or from | ||||||
16 | the physical care of petitioner, repeatedly threatening to
| ||||||
17 | conceal a minor child from petitioner, or making a single | ||||||
18 | such threat following
an actual or attempted improper | ||||||
19 | removal or concealment, unless respondent was
fleeing from | ||||||
20 | an incident or pattern of domestic violence; or
| ||||||
21 | (vi) threatening physical force, confinement or | ||||||
22 | restraint on one or more
occasions.
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23 | (5) "Interference with personal liberty" means committing | ||||||
24 | or threatening
physical abuse, harassment, intimidation or | ||||||
25 | willful deprivation so as to
compel another to engage in | ||||||
26 | conduct from which she or he has a right to
abstain or to | ||||||
27 | refrain from conduct
in which she or he has a right to engage.
| ||||||
28 | (6) "Intimidation of a dependent" means subjecting a person | ||||||
29 | who is
dependent because of age, health or disability to | ||||||
30 | participation in or the
witnessing of: physical force against | ||||||
31 | another or physical confinement or
restraint of another which | ||||||
32 | constitutes physical abuse as defined in this
Article, | ||||||
33 | regardless of whether the abused person is a family or | ||||||
34 | household member.
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35 | (7) "Order of protection" means an emergency order, interim | ||||||
36 | order or
plenary order, granted pursuant to this Article, which |
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1 | includes any or all
of the remedies authorized by Section | ||||||
2 | 112A-14 of this Code.
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3 | (8) "Petitioner" may mean not only any named petitioner for | ||||||
4 | the order of
protection and any named victim of abuse on whose | ||||||
5 | behalf the petition
is brought, but also any other person | ||||||
6 | protected by this Article.
| ||||||
7 | (9) "Physical abuse" includes sexual abuse and means any of | ||||||
8 | the following:
| ||||||
9 | (i) knowing or reckless use of physical force, | ||||||
10 | confinement or restraint;
| ||||||
11 | (ii) knowing, repeated and unnecessary sleep | ||||||
12 | deprivation; or
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13 | (iii) knowing or reckless conduct which creates an | ||||||
14 | immediate
risk of physical harm.
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15 | (9.5) "Stay away" means for the respondent to refrain from | ||||||
16 | both physical presence and nonphysical contact with the | ||||||
17 | petitioner whether direct, indirect (including, but not | ||||||
18 | limited to, telephone calls, mail, email, faxes, and written | ||||||
19 | notes), or through third parties who may or may not know about | ||||||
20 | the order of protection.
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21 | (10) "Willful deprivation" means wilfully denying a person | ||||||
22 | who because of
age, health or disability requires medication, | ||||||
23 | medical care, shelter,
accessible shelter or services, food, | ||||||
24 | therapeutic device, or other physical
assistance, and thereby | ||||||
25 | exposing that person to the risk of physical, mental or
| ||||||
26 | emotional harm, except with regard to medical care and | ||||||
27 | treatment when such
dependent person has expressed the intent | ||||||
28 | to forgo such medical care or
treatment. This paragraph does | ||||||
29 | not create any new affirmative duty to provide
support to | ||||||
30 | dependent persons.
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31 | (Source: P.A. 92-253, eff. 1-1-02.)
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32 | Section 8. The Civil No Contact Order Act is amended by | ||||||
33 | changing Sections 103, 202, 213, 214, 217, and 218 and by | ||||||
34 | adding Sections 204.3 and 218.5 as follows:
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1 | (740 ILCS 22/103)
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2 | Sec. 103. Definitions. As used in this Act:
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3 | "Abuse" means physical abuse, harassment, intimidation of | ||||||
4 | a dependent, or
interference with personal liberty.
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5 | "Civil no contact order" means an emergency order or | ||||||
6 | plenary order
granted under this Act, which includes a remedy | ||||||
7 | authorized by Section 213
of this Act.
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8 | "Non-consensual" means a lack of freely given agreement.
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9 | "Petitioner" means any named petitioner for the
no contact | ||||||
10 | order or any named victim of non-consensual sexual conduct or
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11 | non-consensual sexual penetration on whose behalf the
petition | ||||||
12 | is brought.
| ||||||
13 | "Sexual conduct" means any intentional or knowing touching | ||||||
14 | or
fondling by the petitioner or the respondent, either | ||||||
15 | directly or through
clothing, of the sex organs, anus, or | ||||||
16 | breast of the petitioner or the
respondent, or any part of the | ||||||
17 | body of a child under 13 years of age, or
any transfer or | ||||||
18 | transmission of semen by the respondent upon any part of
the | ||||||
19 | clothed or unclothed body of the petitioner, for the purpose of | ||||||
20 | sexual
gratification or arousal of the petitioner or the | ||||||
21 | respondent.
| ||||||
22 | "Sexual penetration" means any contact, however slight, | ||||||
23 | between
the sex organ or anus of one person by an object, the | ||||||
24 | sex organ, mouth
or anus of another person, or any intrusion, | ||||||
25 | however slight, of any part
of the body of one person or of any | ||||||
26 | animal or object into the sex organ
or anus of another person, | ||||||
27 | including but not limited to cunnilingus,
fellatio or anal | ||||||
28 | penetration. Evidence of emission of semen is not
required to | ||||||
29 | prove sexual penetration.
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30 | "Stay away" means to refrain from both physical presence | ||||||
31 | and nonphysical contact with the petitioner directly, | ||||||
32 | indirectly, or through third parties who may or may not know of | ||||||
33 | the order. "Nonphysical contact" includes, but is not limited | ||||||
34 | to, telephone calls, mail, e-mail, fax, and written notes. | ||||||
35 | (Source: P.A. 93-236, eff. 1-1-04.)
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1 | (740 ILCS 22/202)
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2 | Sec. 202. Commencement of action; filing fees.
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3 | (a) An action for a civil no contact order is commenced:
| ||||||
4 | (1) independently, by filing a petition for a civil no | ||||||
5 | contact order in any civil court,
unless specific courts | ||||||
6 | are designated by local rule or order; or
| ||||||
7 | (2) in conjunction with a
delinquency
petition or a | ||||||
8 | criminal prosecution, by filing a petition for a civil no | ||||||
9 | contact
order under
the same case number as the delinquency | ||||||
10 | petition or criminal prosecution, to be
granted
during | ||||||
11 | pre-trial release of a defendant, with any dispositional | ||||||
12 | order issued
under Section
5-710 of the Juvenile Court Act | ||||||
13 | of 1987 or as a condition of release,
supervision,
| ||||||
14 | conditional discharge, probation, periodic imprisonment, | ||||||
15 | parole, or mandatory
supervised
release, or in conjunction | ||||||
16 | with imprisonment or a bond forfeiture warrant,
provided | ||||||
17 | that (i) the violation is alleged in an information, | ||||||
18 | complaint,
indictment, or
delinquency
petition on file and | ||||||
19 | the alleged victim is a person protected by this Act, and
| ||||||
20 | (ii) the
petition, which is filed by the State's Attorney, | ||||||
21 | names a victim of the alleged
crime as a
petitioner.
| ||||||
22 | (b) Withdrawal or dismissal of any petition for a
civil no | ||||||
23 | contact order
prior to adjudication where the petitioner is | ||||||
24 | represented by the State shall
operate as a dismissal without | ||||||
25 | prejudice. No action for a civil no contact
order shall be | ||||||
26 | dismissed because the respondent is being prosecuted for a | ||||||
27 | crime
against the petitioner. For any action commenced under | ||||||
28 | item (2) of subsection
(a) of
this Section, dismissal of the | ||||||
29 | conjoined case (or a finding of not guilty)
shall not require | ||||||
30 | dismissal of the action for a civil no contact order;
instead, | ||||||
31 | it may be treated as an independent action and, if necessary | ||||||
32 | and
appropriate, transferred to a different court or division.
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33 | (c) No fee shall be
charged by the clerk of the court for | ||||||
34 | filing petitions or modifying or
certifying orders. No
fee
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35 | shall be charged by the sheriff for service by the sheriff of a
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36 | petition, rule, motion, or order in an action commenced under |
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1 | this
Section.
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2 | (d) The court shall provide, through the office
of the | ||||||
3 | clerk of the court, simplified forms for
and clerical | ||||||
4 | assistance to
help with the writing and filing of a petition | ||||||
5 | under this Section by any
person not represented by counsel.
| ||||||
6 | (Source: P.A. 93-236, eff. 1-1-04.)
| ||||||
7 | (740 ILCS 22/204.3 new) | ||||||
8 | Sec. 204.3. Appointment of counsel. The court may appoint | ||||||
9 | counsel to represent the petitioner if the respondent is | ||||||
10 | represented by counsel.
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11 | (740 ILCS 22/213)
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12 | Sec. 213. Civil no contact order; remedy.
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13 | (a) If the court finds that the petitioner has been a | ||||||
14 | victim of
non-consensual sexual conduct or non-consensual | ||||||
15 | sexual penetration, a civil no
contact order shall issue; | ||||||
16 | provided that the petitioner must also satisfy the
requirements | ||||||
17 | of Section
214 on emergency orders or Section 215 on plenary | ||||||
18 | orders. The petitioner
shall not be denied a civil no contact | ||||||
19 | order because the petitioner or the
respondent is a minor. The | ||||||
20 | court, when
determining whether or not to issue a civil no | ||||||
21 | contact order, may not
require physical injury on the person of | ||||||
22 | the victim.
Modification and extension of prior civil no | ||||||
23 | contact orders shall be in
accordance with this Act.
| ||||||
24 | (b) A civil no contact order shall order
one or more of the | ||||||
25 | following:
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26 | (1) order the respondent to stay away from the | ||||||
27 | petitioner; or
| ||||||
28 | (2) other injunctive relief necessary or appropriate.
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29 | Order the respondent to stay away from
any other person
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30 | protected by the civil no contact order;
| ||||||
31 | (3) prohibit the respondent
from abuse, as defined in | ||||||
32 | this Act, or stalking of the petitioner, as defined
in
| ||||||
33 | Section 12-7.3 of the Criminal Code of 1961, if the abuse
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34 | or stalking has occurred or otherwise appears likely to |
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1 | occur if not
prohibited; or
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2 | (4) prohibit the respondent
from
entering or remaining | ||||||
3 | present at the petitioner's school or place of
employment, | ||||||
4 | or both, or other specified places at times when the | ||||||
5 | petitioner is
present, if reasonable, given the balance of | ||||||
6 | hardships.
Hardships need not be balanced for the court to | ||||||
7 | enter a stay away
order or prohibit entry if the respondent | ||||||
8 | has no right to enter the
premises.
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9 | (c) Denial of a remedy may not be based, in whole or in | ||||||
10 | part, on
evidence that:
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11 | (1) the respondent has cause for any use of force, | ||||||
12 | unless that
cause satisfies the standards for justifiable | ||||||
13 | use of force provided
by Article VII of the Criminal Code | ||||||
14 | of 1961;
| ||||||
15 | (2) the respondent was voluntarily intoxicated;
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16 | (3) the petitioner acted in self-defense or defense of | ||||||
17 | another,
provided that, if the petitioner utilized force, | ||||||
18 | such force was
justifiable under Article VII of the | ||||||
19 | Criminal Code of 1961;
| ||||||
20 | (4) the petitioner did not act in self-defense or | ||||||
21 | defense of
another;
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22 | (5) the petitioner left the residence or household to | ||||||
23 | avoid
further non-consensual sexual conduct or | ||||||
24 | non-consensual sexual penetration
by the respondent; or
| ||||||
25 | (6) the petitioner did not leave the residence or | ||||||
26 | household to
avoid further non-consensual sexual conduct | ||||||
27 | or non-consensual sexual
penetration by the respondent.
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28 | (d) Monetary damages are not recoverable as a remedy.
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29 | (Source: P.A. 93-236, eff. 1-1-04.)
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30 | (740 ILCS 22/214)
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31 | Sec. 214. Emergency civil no contact order.
| ||||||
32 | (a) An emergency civil no contact order shall issue if
the | ||||||
33 | petitioner satisfies the requirements of this subsection (a). | ||||||
34 | The
petitioner
shall establish that:
| ||||||
35 | (1) the court has jurisdiction under Section 206
208 ;
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1 | (2) the requirements of Section 213 are satisfied; and
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2 | (3) there is good cause to grant the remedy, regardless | ||||||
3 | of
prior service of process or of notice upon the | ||||||
4 | respondent, because
the harm which that remedy is intended | ||||||
5 | to
prevent would be likely to occur if the respondent were | ||||||
6 | given
any prior notice, or greater notice than was actually | ||||||
7 | given, of
the petitioner's efforts to obtain judicial | ||||||
8 | relief.
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9 | An emergency civil no contact order shall be issued by the | ||||||
10 | court if it appears from the contents of the petition and the | ||||||
11 | examination of the petitioner that the averments are sufficient | ||||||
12 | to indicate nonconsensual sexual penetration by the respondent | ||||||
13 | and to support the granting of relief under the issuance of the | ||||||
14 | civil no contact order.
| ||||||
15 | An emergency civil no contact order shall be issued if the | ||||||
16 | court finds that subsections (1), (2), and (3) above are met.
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17 | (b) If the respondent appears in court for
this hearing for | ||||||
18 | an emergency order, he or she may elect to file a
general | ||||||
19 | appearance and testify. Any resulting order may be an emergency
| ||||||
20 | order, governed by this Section. Notwithstanding the | ||||||
21 | requirements of
this Section, if all requirements of Section | ||||||
22 | 215 have been met, the
court may issue a plenary order.
| ||||||
23 | (c) Emergency orders; court holidays and evenings.
| ||||||
24 | (1) When the court is unavailable at the close
of | ||||||
25 | business, the petitioner may file a petition for a 21-day
| ||||||
26 | emergency order before any available circuit judge or | ||||||
27 | associate
judge who may grant relief under this Act. If the | ||||||
28 | judge finds that
there is an immediate and present danger | ||||||
29 | of
abuse against the petitioner and
that the petitioner has | ||||||
30 | satisfied the prerequisites set forth in
subsection (a), | ||||||
31 | that judge may issue an emergency
civil no contact order.
| ||||||
32 | (2) The chief judge of the circuit court
may designate | ||||||
33 | for each county in the circuit at least one judge to
be | ||||||
34 | reasonably available to issue orally, by telephone, by | ||||||
35 | facsimile,
or otherwise, an emergency civil no contact | ||||||
36 | order at all times, whether
or not the court is in session.
|
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1 | (3) Any order issued under this
Section and any | ||||||
2 | documentation in support of the order shall be certified
on | ||||||
3 | the next court day to the appropriate court. The clerk of | ||||||
4 | that
court shall immediately assign a case number, file the | ||||||
5 | petition,
order, and other documents with the court, and | ||||||
6 | enter the order of
record and file it with the sheriff for | ||||||
7 | service, in accordance with
Section 222. Filing the | ||||||
8 | petition shall commence proceedings for
further relief | ||||||
9 | under Section 202. Failure to comply with the
requirements | ||||||
10 | of this paragraph (3) does not affect the validity of the
| ||||||
11 | order.
| ||||||
12 | (Source: P.A. 93-236, eff. 1-1-04.)
| ||||||
13 | (740 ILCS 22/217)
| ||||||
14 | Sec. 217. Contents of orders.
| ||||||
15 | (a) Any civil no contact order shall describe each remedy | ||||||
16 | granted by
the court, in reasonable detail and
not by reference | ||||||
17 | to any other document, so that the respondent may
clearly | ||||||
18 | understand what he or she must do or refrain from doing.
| ||||||
19 | (b) A civil no contact order shall further state the | ||||||
20 | following:
| ||||||
21 | (1) The name of each petitioner that the court finds | ||||||
22 | was the victim of
non-consensual sexual conduct or | ||||||
23 | non-consensual sexual penetration by the
respondent and
| ||||||
24 | the name of each other person protected by the order and | ||||||
25 | that the
person is protected by this Act .
| ||||||
26 | (2) The date and time the civil no contact order was | ||||||
27 | issued,
whether it is an emergency or plenary order, and | ||||||
28 | the
duration of the order.
| ||||||
29 | (3) The date, time, and place for any scheduled hearing | ||||||
30 | for
extension of that civil no contact order or for another | ||||||
31 | order of
greater duration or scope.
| ||||||
32 | (4) For each remedy in an emergency civil no contact | ||||||
33 | order, the
reason for entering that remedy without prior | ||||||
34 | notice to the respondent
or greater notice than was | ||||||
35 | actually given.
|
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| |||||||
1 | (5) For emergency civil no contact orders, that the | ||||||
2 | respondent may petition the court, in accordance with | ||||||
3 | Section 218.5, to reopen the order if he or she did not | ||||||
4 | receive actual prior notice of the hearing as required | ||||||
5 | under Section 209 of this Act and if the respondent alleges | ||||||
6 | that he or she had a meritorious defense to the order or | ||||||
7 | that the order or its remedy is not authorized by this Act.
| ||||||
8 | (c) A civil no contact order shall include the following | ||||||
9 | notice,
printed in conspicuous type: "Any knowing violation of | ||||||
10 | a civil no contact
order is a Class A misdemeanor. Any second | ||||||
11 | or subsequent violation is a
Class 4 felony."
| ||||||
12 | (Source: P.A. 93-236, eff. 1-1-04.)
| ||||||
13 | (740 ILCS 22/218)
| ||||||
14 | Sec. 218. Notice of orders.
| ||||||
15 | (a) Upon issuance of any civil no contact order, the clerk | ||||||
16 | shall
immediately, or on the next court day if an emergency | ||||||
17 | order is issued in
accordance with subsection (c) of Section | ||||||
18 | 214:
| ||||||
19 | (1) enter the order on the record and file it in | ||||||
20 | accordance with the
circuit court procedures; and
| ||||||
21 | (2) provide a file stamped copy of the order to the | ||||||
22 | respondent, if
present, and to the petitioner.
| ||||||
23 | (b) The clerk of the issuing judge shall, or the petitioner | ||||||
24 | may, on the
same day that a civil no contact order is issued, | ||||||
25 | file a certified copy of that
order with the sheriff or other | ||||||
26 | law enforcement officials charged with
maintaining Department | ||||||
27 | of State Police records or charged with serving the
order upon | ||||||
28 | the respondent. If the order was issued in accordance with
| ||||||
29 | subsection (c) of Section 214, the clerk shall, on the next | ||||||
30 | court day, file a
certified copy of the order with the Sheriff | ||||||
31 | or other law enforcement officials
charged with maintaining | ||||||
32 | Department of State Police records.
| ||||||
33 | (c) Unless the respondent was present in court when the | ||||||
34 | order was
issued, the sheriff, other law enforcement official, | ||||||
35 | or special process server
shall promptly serve that order upon |
| |||||||
| |||||||
1 | the respondent and file proof of such
service in the manner | ||||||
2 | provided for service of process in civil proceedings. If
| ||||||
3 | process has not yet been served upon the respondent, it shall | ||||||
4 | be served with
the order or short form notification. A single | ||||||
5 | fee may be charged for service
of an order obtained in civil | ||||||
6 | court, or for service of such an order together
with process, | ||||||
7 | unless waived or deferred under Section 208.
| ||||||
8 | (d) If the person against whom the civil no contact order | ||||||
9 | is issued is
arrested and the written order is issued in | ||||||
10 | accordance with subsection (c) of
Section 214 and received by | ||||||
11 | the custodial law enforcement agency before
the respondent or | ||||||
12 | arrestee is released from custody, the custodial law
| ||||||
13 | enforcement agent shall promptly serve the order upon the | ||||||
14 | respondent or
arrestee before the respondent or arrestee is | ||||||
15 | released from custody. In no
event shall detention of the | ||||||
16 | respondent or arrestee be extended for hearing
on the petition | ||||||
17 | for civil no contact order or receipt of the order issued under
| ||||||
18 | Section 214 of this Act.
| ||||||
19 | (e) Any order extending, modifying, or revoking any civil | ||||||
20 | no contact
order shall be promptly recorded, issued, and served | ||||||
21 | as provided in this
Section.
| ||||||
22 | (f) Upon the request of the
petitioner, within 24 hours of | ||||||
23 | the issuance of a civil no contact order, the
clerk of the | ||||||
24 | issuing judge shall
send written notice of the order along with
| ||||||
25 | a certified copy of the order to any school, college, or | ||||||
26 | university at which
the
petitioner is enrolled.
| ||||||
27 | (Source: P.A. 93-236, eff. 1-1-04.)
| ||||||
28 | (740 ILCS 22/218.5 new) | ||||||
29 | Sec. 218.5. Modification; reopening of orders. | ||||||
30 | (a) Except as otherwise provided in this Section, upon | ||||||
31 | motion by the petitioner, the court may modify an emergency or | ||||||
32 | plenary civil no contact order by altering the remedy, subject | ||||||
33 | to Section 213. | ||||||
34 | (b) After 30 days following entry of a plenary civil no | ||||||
35 | contact order, a court may modify that order only when a change |
| |||||||
| |||||||
1 | in the applicable law or facts since that plenary order was | ||||||
2 | entered warrants a modification of its terms.
| ||||||
3 | (c) Upon 2 days' notice to the petitioner, or such shorter | ||||||
4 | notice as the court may prescribe, a respondent subject to an | ||||||
5 | emergency civil no contact order issued under this Act may | ||||||
6 | appear and petition the court to rehear the original or amended | ||||||
7 | petition. Any petition to rehear shall be verified and shall | ||||||
8 | allege the following:
| ||||||
9 | (1) that the respondent did not receive prior notice of | ||||||
10 | the initial hearing in which the emergency order was | ||||||
11 | entered under Sections 209 and 214; and
| ||||||
12 | (2) that the respondent had a meritorious defense to | ||||||
13 | the order or any of its remedies or that the order or any | ||||||
14 | of its remedies was not authorized by this Act.
| ||||||
15 | Section 10. The Illinois Domestic Violence Act of 1986 is | ||||||
16 | amended by changing Section 103 as follows:
| ||||||
17 | (750 ILCS 60/103) (from Ch. 40, par. 2311-3)
| ||||||
18 | Sec. 103. Definitions. For the purposes of this Act, the | ||||||
19 | following
terms shall have the following meanings:
| ||||||
20 | (1) "Abuse" means physical abuse, harassment, intimidation | ||||||
21 | of a dependent,
interference with personal liberty or willful | ||||||
22 | deprivation but does not include
reasonable direction of a | ||||||
23 | minor child by a parent or person in loco parentis.
| ||||||
24 | (2) "Adult with disabilities" means an elder adult with | ||||||
25 | disabilities
or a high-risk adult with disabilities. A person | ||||||
26 | may be an adult with
disabilities for purposes of this Act even | ||||||
27 | though he or she has never been
adjudicated an incompetent | ||||||
28 | adult. However, no court proceeding may be
initiated or | ||||||
29 | continued on
behalf of an adult with disabilities over that | ||||||
30 | adult's objection, unless such
proceeding is approved by his or | ||||||
31 | her legal guardian, if any.
| ||||||
32 | (3) "Domestic violence" means abuse as defined in paragraph | ||||||
33 | (1).
| ||||||
34 | (4) "Elder adult with disabilities" means an adult |
| |||||||
| |||||||
1 | prevented by
advanced age from taking appropriate action to | ||||||
2 | protect himself or herself
from abuse by a family or household | ||||||
3 | member.
| ||||||
4 | (5) "Exploitation" means the illegal, including tortious, | ||||||
5 | use of a
high-risk adult with disabilities or of the assets or | ||||||
6 | resources of a
high-risk adult with disabilities. Exploitation | ||||||
7 | includes, but is not
limited to, the misappropriation of assets | ||||||
8 | or resources of a high-risk
adult with disabilities by undue | ||||||
9 | influence, by breach of a fiduciary
relationship, by fraud, | ||||||
10 | deception, or extortion, or the use of such assets or
resources | ||||||
11 | in a manner contrary to law.
| ||||||
12 | (6) "Family or household members" include spouses, former | ||||||
13 | spouses,
parents, children, stepchildren and other persons | ||||||
14 | related by blood or
by present or prior marriage, persons
who | ||||||
15 | share or formerly shared a common dwelling, persons who have or
| ||||||
16 | allegedly have a child in common, persons who share or | ||||||
17 | allegedly share a
blood relationship through a child, persons | ||||||
18 | who have or have had a dating
or engagement relationship, | ||||||
19 | persons with disabilities and their
personal assistants, and | ||||||
20 | caregivers as defined in paragraph (3) of subsection
(b) of | ||||||
21 | Section 12-21 of the Criminal Code of 1961.
For purposes of | ||||||
22 | this paragraph, neither a casual acquaintanceship nor
ordinary | ||||||
23 | fraternization between 2 individuals in business or social
| ||||||
24 | contexts shall be deemed to constitute a dating relationship.
| ||||||
25 | In the case of a high-risk adult with
disabilities, "family or | ||||||
26 | household members" includes any person
who has the | ||||||
27 | responsibility for a high-risk adult as a result of a family
| ||||||
28 | relationship or who has assumed responsibility for all or a | ||||||
29 | portion of the
care of a high-risk adult with disabilities | ||||||
30 | voluntarily, or by express or
implied contract, or by court | ||||||
31 | order.
| ||||||
32 | (7) "Harassment" means knowing conduct which
is not | ||||||
33 | necessary to accomplish a purpose that is reasonable under the
| ||||||
34 | circumstances; would cause a reasonable person emotional | ||||||
35 | distress; and
does cause emotional distress to the petitioner.
| ||||||
36 | Unless the presumption is rebutted by a preponderance of the |
| |||||||
| |||||||
1 | evidence, the
following types of conduct shall be
presumed to | ||||||
2 | cause emotional distress:
| ||||||
3 | (i) creating a disturbance at petitioner's place of | ||||||
4 | employment or school;
| ||||||
5 | (ii) repeatedly telephoning petitioner's place of | ||||||
6 | employment, home or residence;
| ||||||
7 | (iii) repeatedly following petitioner about in a | ||||||
8 | public place or places;
| ||||||
9 | (iv) repeatedly keeping petitioner under surveillance | ||||||
10 | by remaining
present outside his or her
home, school, place | ||||||
11 | of employment, vehicle or other place occupied by
| ||||||
12 | petitioner or by peering in petitioner's windows;
| ||||||
13 | (v) improperly concealing a minor child from | ||||||
14 | petitioner, repeatedly
threatening to improperly remove a | ||||||
15 | minor child of petitioner's from
the jurisdiction or from | ||||||
16 | the physical care of petitioner,
repeatedly threatening to | ||||||
17 | conceal a minor
child from petitioner, or making
a single | ||||||
18 | such
threat following an actual or attempted improper | ||||||
19 | removal or concealment,
unless respondent was fleeing an | ||||||
20 | incident or pattern of domestic violence; or
| ||||||
21 | (vi) threatening physical force, confinement or | ||||||
22 | restraint on one or more occasions.
| ||||||
23 | (8) "High-risk adult with disabilities" means a person aged | ||||||
24 | 18 or over
whose physical or mental disability impairs his or | ||||||
25 | her ability to seek or
obtain protection from abuse, neglect, | ||||||
26 | or exploitation.
| ||||||
27 | (9) "Interference with personal liberty" means committing | ||||||
28 | or
threatening physical abuse, harassment, intimidation or
| ||||||
29 | willful deprivation so as to
compel another to
engage in | ||||||
30 | conduct from which she or he has a right to abstain or to | ||||||
31 | refrain from conduct
in which she or he has a right to engage.
| ||||||
32 | (10) "Intimidation of a dependent" means subjecting a | ||||||
33 | person
who is dependent
because of
age, health or disability to | ||||||
34 | participation in or the witnessing of: physical force
against | ||||||
35 | another or physical confinement or restraint of another which
| ||||||
36 | constitutes physical abuse as defined in this Act, regardless |
| |||||||
| |||||||
1 | of whether the
abused person is a family or household member.
| ||||||
2 | (11) (A) "Neglect" means the failure to exercise that | ||||||
3 | degree of care
toward a high-risk adult with disabilities which | ||||||
4 | a reasonable person would
exercise under the circumstances and | ||||||
5 | includes but is not limited to:
| ||||||
6 | (i) the failure to take reasonable steps to protect a | ||||||
7 | high-risk adult
with disabilities from acts of abuse;
| ||||||
8 | (ii) the repeated, careless imposition of unreasonable | ||||||
9 | confinement;
| ||||||
10 | (iii) the failure to provide food, shelter, clothing, | ||||||
11 | and personal
hygiene to a high-risk adult with disabilities | ||||||
12 | who requires such assistance;
| ||||||
13 | (iv) the failure to provide medical and rehabilitative | ||||||
14 | care for the
physical and mental health needs of a | ||||||
15 | high-risk adult with disabilities; or
| ||||||
16 | (v) the failure to protect a high-risk adult with | ||||||
17 | disabilities from
health and safety hazards.
| ||||||
18 | (B) Nothing in this subsection (10) shall be construed to | ||||||
19 | impose a requirement that
assistance be provided to a high-risk | ||||||
20 | adult with disabilities over his or
her objection in the | ||||||
21 | absence of a court order, nor to create any new
affirmative | ||||||
22 | duty to provide support to a high-risk adult with disabilities.
| ||||||
23 | (12) "Order of protection" means an emergency order, | ||||||
24 | interim
order or plenary order, granted pursuant to this Act,
| ||||||
25 | which includes any or
all of the remedies authorized by Section | ||||||
26 | 214 of this Act.
| ||||||
27 | (13) "Petitioner" may mean not only any named petitioner | ||||||
28 | for the order of
protection and any named victim of abuse on | ||||||
29 | whose behalf the petition
is brought, but also any other person | ||||||
30 | protected by this Act.
| ||||||
31 | (14) "Physical abuse" includes sexual abuse and means any
| ||||||
32 | of the following:
| ||||||
33 | (i) knowing or reckless use of physical force, | ||||||
34 | confinement or restraint;
| ||||||
35 | (ii) knowing, repeated and unnecessary sleep | ||||||
36 | deprivation; or
|
| |||||||
| |||||||
1 | (iii) knowing or reckless conduct which creates an | ||||||
2 | immediate
risk of physical harm.
| ||||||
3 | (14.5) "Stay away" means for the respondent to refrain from | ||||||
4 | both physical presence and nonphysical contact with the | ||||||
5 | petitioner whether direct, indirect (including, but not | ||||||
6 | limited to, telephone calls, mail, email, faxes, and written | ||||||
7 | notes), or through third parties who may or may not know about | ||||||
8 | the order of protection.
| ||||||
9 | (15) "Willful deprivation" means wilfully denying a person | ||||||
10 | who
because of age, health or disability requires medication,
| ||||||
11 | medical care, shelter, accessible shelter or services, food,
| ||||||
12 | therapeutic device, or other physical
assistance, and thereby | ||||||
13 | exposing that person to the risk of physical,
mental or | ||||||
14 | emotional harm, except with regard to medical care or treatment
| ||||||
15 | when the dependent person has expressed an intent to forgo such | ||||||
16 | medical
care or treatment. This paragraph does not
create any | ||||||
17 | new affirmative duty to provide support to dependent persons.
| ||||||
18 | (Source: P.A. 92-253, eff. 1-1-02.)
|