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Public Act 096-0311 |
HB3918 Enrolled |
LRB096 08531 AJO 22454 b |
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Civil No Contact Order Act is amended by |
changing Sections 103, 201, 212, 213, 216, and 217 and by |
adding Sections 101.1, 204.2, 213.7, 215.5, and Section 220 as |
follows: |
(740 ILCS 22/101.1 new)
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Sec. 101.1. Designation of parties. Subsection (e) of |
Section 2-401 of the Code of Civil Procedure regarding |
designation of parties applies to petitions under this Act.
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(740 ILCS 22/103)
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Sec. 103. Definitions. As used in this Act:
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"Civil no contact order" means an emergency order or |
plenary order
granted under this Act, which includes a remedy |
authorized by Section 213
of this Act.
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"Family or household members" include spouses, parents, |
children, stepchildren, and persons who share a common |
dwelling. |
"Non-consensual" means a lack of freely given agreement.
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"Petitioner" may mean not only any named petitioner for the |
civil no contact order and any named victim of non-consensual |
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sexual conduct or non-consensual sexual penetration on whose |
behalf the petition is brought, but also any other person |
sought to be protected by this Act. |
"Respondent" in a petition for a civil no contact order may |
mean not only the person alleged to have committed an act of |
non-consensual sexual conduct or non-consensual sexual |
penetration against the petitioner, but also any other named |
person alleged to have aided and abetted such an act of |
non-consensual sexual conduct or non-consensual sexual |
penetration. |
"Petitioner" means any named petitioner for the
no contact |
order or any named victim of non-consensual sexual conduct or
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non-consensual sexual penetration on whose behalf the
petition |
is brought.
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"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.
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"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, |
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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.
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"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. |
(Source: P.A. 93-236, eff. 1-1-04; 93-811, eff. 1-1-05.)
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(740 ILCS 22/201)
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Sec. 201. Persons protected by this Act. |
(a) The following persons are protected by this Act: |
(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 that is providing services to the petitioner or the |
petitioner's family or household member. |
(b) A petition for a civil no contact order may be filed:
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(1) by any person who is a victim of non-consensual |
sexual conduct or
non-consensual sexual penetration, |
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including a single incident of
non-consensual
sexual |
conduct or non-consensual sexual penetration; or
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(2) by a
person on behalf of 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
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petition.
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(Source: P.A. 93-236, eff. 1-1-04.)
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(740 ILCS 22/204.2 new) |
Sec. 204.2. Application of privileges. The filing of a |
petition for a civil no contact order does not in any way |
constitute a waiver of any privilege that otherwise protects |
any medical, mental health, or other records of the petitioner, |
absent a release by the petitioner, pursuant to federal or |
State Acts including but not limited to: the federal Health |
Insurance Portability and Accountability Act (HIPAA); Illinois |
Medical Patient Rights Act; Mental Health and Developmental |
Disabilities Confidentiality Act; and Sections 8-802 and |
8-802.1 of the Code of Civil Procedure.
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(740 ILCS 22/212)
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Sec. 212. Prior sexual activity or reputation as evidence. |
Hearsay exception.
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(a) In proceedings for a civil no contact order and |
prosecutions for violating a
civil no-contact order,
the prior
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sexual activity or the reputation of the petitioner is |
inadmissible except:
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(1) as evidence concerning the past sexual conduct of |
the petitioner
with the
respondent when this evidence is |
offered by the respondent upon the issue of
whether the |
petitioner consented to the sexual conduct with respect to
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which the offense is alleged; or
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(2) when constitutionally required to
be admitted.
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(b) No evidence admissible under this Section may be |
introduced
unless ruled admissible by the trial judge after an |
offer of proof has
been made at a hearing held in camera to |
determine
whether the respondent has evidence to impeach the |
witness in the event
that prior sexual activity with the |
respondent is denied. The offer of
proof shall include |
reasonably specific information as to the date, time,
and place |
of the past sexual conduct between the petitioner and the
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respondent. Unless the court finds that reasonably specific |
information
as to date, time, or place, or some combination |
thereof, has been offered
as to prior sexual activity with the |
respondent, counsel for the
respondent shall be ordered to |
refrain from inquiring into prior sexual
activity between the |
petitioner and the respondent. The court may not
admit evidence |
under this Section unless it determines at the hearing
that the |
evidence is relevant and the probative value of the evidence
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outweighs the danger of unfair prejudice or embarrassment to |
the petitioner . The evidence shall be
admissible at trial to |
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the extent an order made by the court specifies
the evidence |
that may be admitted and areas with respect to which the
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petitioner may be examined or cross examined.
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(Source: P.A. 93-236, eff. 1-1-04.)
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(740 ILCS 22/213)
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Sec. 213. Civil no contact order; remedies.
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(a) If the court finds that the petitioner has been a |
victim of
non-consensual sexual conduct or non-consensual |
sexual penetration, a civil no
contact order shall issue; |
provided that the petitioner must also satisfy the
requirements |
of Section
214 on emergency orders or Section 215 on plenary |
orders. The petitioner
shall not be denied a civil no contact |
order because the petitioner or the
respondent is a minor. The |
court, when
determining whether or not to issue a civil no |
contact order, may not
require physical injury on the person of |
the victim.
Modification and extension of prior civil no |
contact orders shall be in
accordance with this Act.
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(b) (Blank). A civil no contact order shall order
one or |
more of the following:
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(1) order the respondent to stay away from the |
petitioner; or
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(2) other injunctive relief necessary or appropriate.
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(b-5) The court may provide relief as follows: |
(1) prohibit the respondent from knowingly coming |
within, or knowingly remaining within, a specified |
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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-6) 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, among the other facts of the case, the |
severity of the act, any continuing physical danger or |
emotional distress to the petitioner, and the expense, |
difficulty, and educational disruption that would be caused by |
a transfer of the respondent to another school. The court may |
order that the respondent not attend the public or private |
elementary, middle, or high school attended by the petitioner. |
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In the event 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. |
(c) Denial of a remedy may not be based, in whole or in |
part, on
evidence that:
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(1) the respondent has cause for any use of force, |
unless that
cause satisfies the standards for justifiable |
use of force provided
by Article VII of the Criminal Code |
of 1961;
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(2) the respondent was voluntarily intoxicated;
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(3) the petitioner acted in self-defense or defense of |
another,
provided that, if the petitioner utilized force, |
such force was
justifiable under Article VII of the |
Criminal Code of 1961;
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(4) the petitioner did not act in self-defense or |
defense of
another;
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(5) the petitioner left the residence or household to |
avoid
further non-consensual sexual conduct or |
non-consensual sexual penetration
by the respondent; or
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(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.
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(d) Monetary damages are not recoverable as a remedy.
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(Source: P.A. 93-236, eff. 1-1-04; 93-811, eff. 1-1-05; 94-360, |
eff. 1-1-06.)
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(740 ILCS 22/213.7 new)
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Sec. 213.7. Aiding and abetting non-consensual sexual |
conduct or non-consensual sexual penetration. A person aids and |
abets an act of non-consensual sexual conduct or non-consensual |
sexual penetration when, before or during the commission of an |
act of non-consensual sexual conduct or non-consensual sexual |
penetration as defined in Section 103 and with the intent to |
promote or facilitate such conduct, he or she intentionally |
aids or abets another in the planning or commission of |
non-consensual sexual conduct or non-consensual sexual |
penetration, unless before the commission of the offense he or |
she makes proper effort to prevent the commission of the |
offense. |
(740 ILCS 22/215.5 new)
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Sec. 215.5. Petitioner testimony at plenary civil no |
contact order hearing. In a plenary civil no contact order |
hearing, if a court finds that testimony by the petitioner in |
the courtroom may result in serious emotional distress to the |
petitioner, the court may order that the examination of the |
petitioner be conducted in chambers. Counsel shall be present |
at the examination unless otherwise agreed upon by the parties. |
The court shall cause a court reporter to be present who shall |
make a complete record of the examination instantaneously to be |
part of the record in the case.
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(740 ILCS 22/216)
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Sec. 216. Duration and extension of orders.
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(a) Unless re-opened or
extended or voided by entry of an |
order of greater duration, an emergency
order shall be |
effective for not less than 14 nor more than 21 days.
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(b) Except as otherwise provided in
this Section, a plenary |
civil no contact order shall be effective for a fixed
period of |
time, not to exceed 2 years. A plenary civil no contact order
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entered in conjunction with a criminal prosecution shall remain |
in effect as
follows:
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(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;
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(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
civil no contact order, |
however, shall be terminated by a dismissal that is
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accompanied by the issuance of a bond forfeiture warrant;
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(3) until expiration of any supervision, conditional |
discharge,
probation, periodic imprisonment, parole, or |
mandatory supervised release and
for an additional period |
of time thereafter not exceeding 2 years; or
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(4) until the date set by the court for expiration of |
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any sentence of
imprisonment and subsequent parole or |
mandatory supervised release and for an
additional period |
of time thereafter not exceeding 2 years.
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(c) Any emergency or plenary order
may be extended one or |
more times, as required, provided that the
requirements of |
Section 214 or 215, as appropriate, are satisfied.
If the |
motion for extension is uncontested and the petitioner seeks no
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modification of the order, the order may be extended on the |
basis of
the petitioner's motion or affidavit stating that |
there has been no material
change in relevant circumstances |
since entry of the order and stating
the reason for the |
requested extension. Extensions may be granted only
in open |
court and not under the provisions of subsection (c) of Section
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214, which applies only when the court is unavailable at the |
close of
business or on a court holiday.
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(d) Any civil no contact order which would expire
on a |
court holiday shall instead expire at the close of the next |
court
business day.
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(d-5) An extension of a plenary civil no contact order may |
be granted, upon good cause shown, to remain in effect until |
the civil no contact order is vacated or modified. |
(e) The practice of dismissing or suspending
a criminal |
prosecution in exchange for the issuance of a civil no contact
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order undermines the purposes of this Act. This Section shall |
not
be construed as encouraging that practice.
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(Source: P.A. 93-236, eff. 1-1-04; 94-360, eff. 1-1-06.)
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(740 ILCS 22/217)
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Sec. 217. Contents of orders.
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(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.
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(b) A civil no contact order shall further state the |
following:
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(1) The name of each petitioner that the court finds |
was the victim of
non-consensual sexual conduct or |
non-consensual sexual penetration by the
respondent and |
the name of each other person protected by the civil no |
contact order .
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(2) The date and time the civil no contact order was |
issued,
whether it is an emergency or plenary order, and |
the
duration of the order.
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(3) The date, time, and place for any scheduled hearing |
for
extension of that civil no contact order or for another |
order of
greater duration or scope.
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(4) For each remedy in an emergency civil no contact |
order, the
reason for entering that remedy without prior |
notice to the respondent
or greater notice than was |
actually given.
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(5) For emergency civil no contact orders, that the |
respondent may petition the court, in accordance with |
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Section 218.5, to reopen the order if he or she did not |
receive actual prior notice of the hearing as required |
under Section 209 of this Act and if the respondent alleges |
that he or she had a meritorious defense to the order or |
that the order or its remedy is not authorized by this Act.
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(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."
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(d) A civil no contact order shall state, "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 pursuant to the Violence Against Women Act (18 |
U.S.C. 2265)." |
(Source: P.A. 93-236, eff. 1-1-04; 93-811, eff. 1-1-05.)
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(740 ILCS 22/220 new) |
Sec. 220. Enforcement of a civil no contact order. |
(a) Nothing in this Act shall preclude any Illinois court |
from enforcing a valid protective order issued in another |
state. |
(b) Illinois courts may enforce civil no contact orders |
through both criminal proceedings and civil contempt |
proceedings, unless the action which is second in time is |
barred by collateral estoppel or the constitutional |
prohibition against double jeopardy. |
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(c) Criminal prosecution. A violation of any civil no |
contact order, whether issued in a civil or criminal |
proceeding, shall be enforced by a criminal court when the |
respondent commits the crime of violation of a civil no contact |
order pursuant to Section 219 by having knowingly violated: |
(1) remedies described in Section 213 and included in a |
civil no contact order; or |
(2) a provision of an order, which is substantially |
similar to provisions of Section 213, in a valid civil no |
contact order which is authorized under the laws of another |
state, tribe, or United States territory. |
Prosecution for a violation of a civil no contact order |
shall not bar a 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. |
(d) Contempt of court. A violation of any valid Illinois |
civil no contact order, whether issued in a civil or criminal |
proceeding, may be enforced through civil or criminal contempt |
procedures, as appropriate, by any court with jurisdiction, |
regardless of where the act or acts which violated the civil no |
contact order were committed, to the extent consistent with the |
venue provisions of this Act. |
(1) In a contempt proceeding where the petition for a |
rule to show cause or petition for adjudication of criminal |
contempt sets forth facts evidencing an immediate danger |
that the respondent will flee the jurisdiction or inflict |
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physical abuse on the petitioner or minor children or on |
dependent adults in the petitioner's care, the court may |
order the attachment of the respondent without prior |
service of the petition for a rule to show cause, the rule |
to show cause, the petition for adjudication of criminal |
contempt or the adjudication of criminal contempt. Bond |
shall be set unless specifically denied in writing. |
(2) A petition for a rule to show cause or a petition |
for adjudication of criminal contempt for violation of a |
civil no contact order shall be treated as an expedited |
proceeding. |
(e) Actual knowledge. A civil no contact 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) by service, delivery, or notice under Section 208; |
(2) by notice under Section 218; |
(3) by service of a civil no contact order under |
Section 218; or |
(4) by other means demonstrating actual knowledge of |
the contents of the order. |
(f) The enforcement of a civil no contact 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 202; or |
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(2) any finding or order entered in a conjoined |
criminal proceeding. |
(g) Circumstances. The court, when determining whether or |
not a violation of a civil no contact order has occurred, shall |
not require physical manifestations of abuse on the person of |
the victim. |
(h) Penalties. |
(1) Except as provided in paragraph (3) of this |
subsection, 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. |
(3) To the extent permitted by law, the court is |
encouraged to: |
(i) increase the penalty for the knowing violation |
of any civil no contact order over any penalty |
previously imposed by any court for respondent's |
violation of any civil no contact order or penal |
statute involving petitioner as victim and respondent |
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as defendant; |
(ii) impose a minimum penalty of 24 hours |
imprisonment for respondent's first violation of any |
civil no contact order; and |
(iii) impose a minimum penalty of 48 hours |
imprisonment for respondent's second or subsequent |
violation of a civil no contact 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 civil no contact order, a criminal court may |
consider evidence of any previous violations of a civil no |
contact order: |
(i) to increase, revoke or modify the bail bond on |
an underlying criminal charge pursuant to Section |
110-6 of the Code of Criminal Procedure of 1963; |
(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; or |
(iii) to revoke or modify a sentence of periodic |
imprisonment, pursuant to Section 5-7-2 of the Unified |
Code of Corrections.
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