Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process.
Recent laws may not yet be included in the ILCS database, but they are found on this site as
Public
Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the
Guide.
Because the statute database is maintained primarily for legislative drafting purposes,
statutory changes are sometimes included in the statute database before they take effect.
If the source note at the end of a Section of the statutes includes a Public Act that has
not yet taken effect, the version of the law that is currently in effect may have already
been removed from the database and you should refer to that Public Act to see the changes
made to the current law.
(750 ILCS 60/224) (from Ch. 40, par. 2312-24)
Sec. 224. Modification and re-opening of orders.
(a) Except as otherwise provided in this Section, upon motion by
petitioner, the court may modify an emergency, interim, or plenary order of
protection:
(1) If respondent has abused petitioner since the |
| hearing for that order, by adding or altering one or more remedies, as authorized by Section 214; and
|
|
(2) Otherwise, by adding any remedy authorized by
|
|
(i) reserved in that order of protection;
(ii) not requested for inclusion in that order of
|
|
(iii) denied on procedural grounds, but not on
|
|
(b) Upon motion by petitioner or respondent, the court may modify any prior
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. Each order of protection shall be entered in the
Law Enforcement Agencies Data System on the same day it is
issued by the court.
(c) After 30 days following entry of a plenary order of protection, a
court may modify that order only when changes in the applicable law or
facts since that plenary order was entered warrant a modification of its terms.
(d) Upon 2 days' notice to petitioner, in accordance with Section 211 of
this Act, or such shorter notice as the court may prescribe, a respondent
subject to an emergency or interim order of protection issued under this Act
may appear and petition the court to re-hear the original or amended 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 emergency, interim, or plenary order was entered under Sections 211 and 217; 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 by this Act.
|
|
(e) In the event that the emergency or interim order
granted petitioner exclusive possession 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 parties. Other
issues raised by the pleadings may be consolidated for the hearing if
neither party nor the court objects.
(f) This Section does not limit the means, otherwise available by law,
for vacating or modifying orders of protection.
(Source: P.A. 95-331, eff. 8-21-07.)
|
