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1 | AN ACT concerning civil law.
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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:
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4 | Section 5. The Illinois Domestic Violence Act of 1986 is | ||||||
5 | amended by changing Section 202 as follows:
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6 | (750 ILCS 60/202) (from Ch. 40, par. 2312-2)
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7 | Sec. 202. Commencement of action; filing fees; dismissal.
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8 | (a) How to commence action. Actions for orders of | ||||||
9 | protection are commenced:
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10 | (1) Independently: By filing a petition for an order of | ||||||
11 | protection in
any civil court, unless specific courts are | ||||||
12 | designated by local rule or order.
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13 | (2) In conjunction with another civil proceeding: By
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14 | filing a petition for an order of protection under the same | ||||||
15 | case number
as another civil proceeding involving the | ||||||
16 | parties, including but not
limited to: (i) any proceeding | ||||||
17 | under the Illinois Marriage and Dissolution of
Marriage | ||||||
18 | Act, Illinois Parentage Act of 1984, Nonsupport of Spouse | ||||||
19 | and
Children Act, Revised Uniform Reciprocal Enforcement | ||||||
20 | of Support Act or an
action for nonsupport brought under | ||||||
21 | Article 10 of the
Illinois Public Aid
Code, provided that a | ||||||
22 | petitioner and
the respondent are a party to or the subject | ||||||
23 | of that proceeding or (ii) a
guardianship proceeding under |
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1 | the Probate Act of
1975, or a proceeding for involuntary
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2 | commitment under the Mental Health and Developmental | ||||||
3 | Disabilities Code, or
any proceeding, other than a | ||||||
4 | delinquency petition, under the Juvenile Court
Act of 1987, | ||||||
5 | provided that a petitioner or the
respondent is a party to | ||||||
6 | or the subject of such proceeding.
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7 | (3) In conjunction with a delinquency petition or a
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8 | criminal prosecution: By filing a petition
for an order of | ||||||
9 | protection, under the same case number as the delinquency
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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:
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18 | (i) the violation is alleged in an information, | ||||||
19 | complaint, indictment
or delinquency petition on file, | ||||||
20 | and the alleged offender and victim are
family or | ||||||
21 | household members or persons protected by this Act; and
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22 | (ii) the petition, which is filed by the State's | ||||||
23 | Attorney, names a
victim of the alleged crime as a | ||||||
24 | petitioner.
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25 | (b) Filing, certification, and service fees. No fee shall | ||||||
26 | be charged
by the clerk for filing, amending, vacating, |
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1 | certifying, or photocopying
petitions or orders; or for issuing | ||||||
2 | alias summons; or for any
related filing service. No
fee shall | ||||||
3 | be charged by the sheriff for service by the sheriff of a
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4 | petition,
rule, motion, or order in an action commenced under | ||||||
5 | this Section.
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6 | (c) Dismissal and consolidation. Withdrawal or dismissal | ||||||
7 | of any
petition for an order of protection prior to | ||||||
8 | adjudication where the
petitioner is represented by the State | ||||||
9 | shall operate as a dismissal without
prejudice. No action for | ||||||
10 | an order of protection shall be dismissed because
the | ||||||
11 | respondent is being prosecuted for a crime against the | ||||||
12 | petitioner. An
independent action may be consolidated with | ||||||
13 | another civil proceeding, as
provided by paragraph (2) of | ||||||
14 | subsection (a) of this Section. For any
action commenced under | ||||||
15 | paragraph (2) or (3) of subsection (a) of this Section,
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16 | dismissal of the conjoined case (or a finding of not guilty) | ||||||
17 | shall not
require dismissal of the action
for the order of | ||||||
18 | protection; instead, it may be treated as an
independent action | ||||||
19 | and, if necessary and appropriate, transferred to a
different | ||||||
20 | court or division. Dismissal of any conjoined case shall not | ||||||
21 | affect
the
validity of any previously issued order of | ||||||
22 | protection, and thereafter
subsections (b)(1) and (b)(2) of | ||||||
23 | Section 220 shall be inapplicable to
such order.
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24 | (d) Pro se petitions. The court shall provide, through the | ||||||
25 | office of
the clerk of the court, simplified forms and clerical | ||||||
26 | assistance to help
with the writing and filing of a petition |
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1 | under this Section by any person
not represented by counsel. In | ||||||
2 | addition, that assistance may be provided
by the state's | ||||||
3 | attorney. Any simplified form or written materials prepared to | ||||||
4 | assist with the writing and filing of a petition by a person | ||||||
5 | not represented by counsel shall contain a prominent written | ||||||
6 | notice stating that written information included in the | ||||||
7 | petition for protective order is given under oath and that | ||||||
8 | false statements are subject to prosecution for perjury.
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9 | (Source: P.A. 93-458, eff. 1-1-04.)
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