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Public Act 101-0255 | ||||
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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 Stalking No Contact Order Act is amended by | ||||
changing Sections 20 and 95 as follows: | ||||
(740 ILCS 21/20) | ||||
Sec. 20. Commencement of action; filing fees. | ||||
(a) An action for a stalking no contact order is commenced: | ||||
(1) independently, by filing a petition for a stalking | ||||
no contact order in any civil court, unless specific courts | ||||
are designated by local rule or order; or | ||||
(2) in conjunction with a delinquency petition or a | ||||
criminal prosecution as provided in Article 112A of the | ||||
Code of Criminal Procedure of 1963. | ||||
(a-5) When a petition for an emergency stalking no contact | ||||
order is filed, the petition shall not be publicly available | ||||
until the petition is served on the respondent. | ||||
(b) Withdrawal or dismissal of any petition for a stalking | ||||
no contact order prior to adjudication where the petitioner is | ||||
represented by the State shall operate as a dismissal without | ||||
prejudice. No action for a stalking no contact order shall be | ||||
dismissed because the respondent is being prosecuted for a | ||||
crime against the petitioner. For any action commenced under |
item (2) of subsection (a) of this Section, dismissal of the | ||
conjoined case (or a finding of not guilty) shall not require | ||
dismissal of the action for a stalking no contact order; | ||
instead, it may be treated as an independent action and, if | ||
necessary and appropriate, transferred to a different court or | ||
division. | ||
(c) No fee shall be charged by the clerk of the court for | ||
filing petitions or modifying or certifying orders. No fee | ||
shall be charged by the sheriff for service by the sheriff of a | ||
petition, rule, motion, or order in an action commenced under | ||
this Section. | ||
(d) The court shall provide, through the office of the | ||
clerk of the court, simplified forms for filing of a petition | ||
under this Section by any person not represented by counsel.
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(Source: P.A. 100-199, eff. 1-1-18 .) | ||
(740 ILCS 21/95)
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Sec. 95. Emergency stalking no contact order. | ||
(a) An emergency stalking no contact order shall issue if | ||
the petitioner satisfies the requirements of this subsection | ||
(a). The petitioner shall establish that: | ||
(1) the court has jurisdiction under Section 50; | ||
(2) the requirements of Section 80 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. | ||
An emergency stalking no contact order shall be issued by | ||
the court if it appears from the contents of the petition and | ||
the examination of the petitioner that the averments are | ||
sufficient to indicate stalking by the respondent and to | ||
support the granting of relief under the issuance of the | ||
stalking no contact order. | ||
An emergency stalking no contact order shall be issued if | ||
the court finds that items (1), (2), and (3) of this subsection | ||
(a) are met. | ||
(a-5) When a petition for an emergency stalking no contact | ||
order is granted, the order shall not be publicly available | ||
until the order is served on the respondent. | ||
(b) If the respondent appears in court for this hearing for | ||
an emergency order, he or she may elect to file a general | ||
appearance and testify. Any resulting order may be an emergency | ||
order, governed by this Section. Notwithstanding the | ||
requirements of this Section, if all requirements of Section | ||
100 have been met, the court may issue a plenary order. | ||
(c) Emergency orders; court holidays and evenings. | ||
(1) When the court is unavailable at the close of | ||
business, the petitioner may file a petition for a 21-day | ||
emergency order before any available circuit judge or |
associate judge who may grant relief under this Act. If the | ||
judge finds that there is an immediate and present danger | ||
of abuse against the petitioner and that the petitioner has | ||
satisfied the prerequisites set forth in subsection (a), | ||
that judge may issue an emergency stalking no contact | ||
order. | ||
(2) 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 emergency stalking no contact | ||
order at all times, whether or not the court is in session. | ||
(3) Any order issued under this Section and any | ||
documentation in support of the order 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, in accordance with Section 60. Filing the petition | ||
shall commence proceedings for further relief under | ||
Section 20. Failure to comply with the requirements of this | ||
paragraph (3) does not affect the validity of the order.
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(Source: P.A. 96-246, eff. 1-1-10.) | ||
Section 10. The Civil No Contact Order Act is amended by | ||
changing Sections 202 and 213 as follows:
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(740 ILCS 22/202)
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Sec. 202. Commencement of action; filing fees.
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(a) An action for a civil no contact order is commenced:
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(1) independently, by filing a petition for a civil no | ||
contact order in any civil court,
unless specific courts | ||
are designated by local rule or order; or
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(2) in conjunction with a
delinquency
petition or a | ||
criminal prosecution as provided in Article 112A of the | ||
Code of Criminal Procedure of 1963.
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(a-5) When a petition for a civil no contact order is | ||
filed, the petition shall not be publicly available until the | ||
petition is served on the respondent. | ||
(b) Withdrawal or dismissal of any petition for a
civil no | ||
contact order
prior to adjudication where the petitioner is | ||
represented by the State shall
operate as a dismissal without | ||
prejudice. No action for a civil no contact
order shall be | ||
dismissed because the respondent is being prosecuted for a | ||
crime
against the petitioner. For any action commenced under | ||
item (2) of subsection
(a) of
this Section, dismissal of the | ||
conjoined case (or a finding of not guilty)
shall not require | ||
dismissal of the action for a civil no contact order;
instead, | ||
it may be treated as an independent action and, if necessary | ||
and
appropriate, transferred to a different court or division.
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(c) No fee shall be
charged by the clerk of the court for | ||
filing petitions or modifying or
certifying orders. No
fee
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shall be charged by the sheriff for service by the sheriff of a
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petition, rule, motion, or order in an action commenced under | ||
this
Section.
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(d) The court shall provide, through the office
of the | ||
clerk of the court, simplified forms for filing of a petition | ||
under this Section by any
person not represented by counsel.
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(Source: P.A. 100-199, eff. 1-1-18 .)
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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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(a-5) When a petition for a civil no contact order is | ||
granted, the order shall not be publicly available until the | ||
order is served on the respondent. | ||
(b) (Blank).
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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 | ||
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 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.
In | ||
the event 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. | ||
(b-7) 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. 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 7 of the Criminal Code of | ||
2012;
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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 7 of the Criminal | ||
Code of 2012;
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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. 96-311, eff. 1-1-10; 97-294, eff. 1-1-12; | ||
97-1150, eff. 1-25-13.)
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Section 15. The Illinois Domestic Violence Act of 1986 is | ||
amended by changing Sections 202 and 217 as follows:
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(750 ILCS 60/202) (from Ch. 40, par. 2312-2)
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Sec. 202. Commencement of action; filing fees; dismissal.
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(a) How to commence action. Actions for orders of | ||
protection are commenced:
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(1) Independently: By filing a petition for an order of | ||
protection in
any civil court, unless specific courts are | ||
designated by local rule or order.
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(2) In conjunction with another civil proceeding: By
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filing a petition for an order of protection under the same |
case number
as another civil proceeding involving the | ||
parties, including but not
limited to: (i) any proceeding | ||
under the Illinois Marriage and Dissolution of
Marriage | ||
Act, Illinois Parentage Act of 2015, Nonsupport of Spouse | ||
and
Children Act, Revised Uniform Reciprocal Enforcement | ||
of Support Act or an
action for nonsupport brought under | ||
Article X of the
Illinois Public Aid
Code, provided that a | ||
petitioner and
the respondent are a party to or the subject | ||
of that proceeding or (ii) a
guardianship proceeding under | ||
the Probate Act of
1975, or a proceeding for involuntary
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commitment under the Mental Health and Developmental | ||
Disabilities Code, or
any proceeding, other than a | ||
delinquency petition, under the Juvenile Court
Act of 1987, | ||
provided that a petitioner or the
respondent is a party to | ||
or the subject of such proceeding.
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(3) In conjunction with a delinquency petition or a
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criminal prosecution as provided in Section 112A-20 of the | ||
Code of Criminal Procedure of 1963.
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(a-5) When a petition for an emergency order of protection | ||
is filed, the petition shall not be publicly available until | ||
the petition is served on the respondent. | ||
(b) Filing, certification, and service fees. No fee shall | ||
be charged
by the clerk for filing, amending, vacating, | ||
certifying, or photocopying
petitions or orders; or for issuing | ||
alias summons; or for any
related filing service. No
fee shall | ||
be charged by the sheriff for service by the sheriff of a
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petition,
rule, motion, or order in an action commenced under | ||
this Section.
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(c) Dismissal and consolidation. Withdrawal or dismissal | ||
of any
petition for an order of protection prior to | ||
adjudication where the
petitioner is represented by the State | ||
shall operate as a dismissal without
prejudice. No action for | ||
an order of protection shall be dismissed because
the | ||
respondent is being prosecuted for a crime against the | ||
petitioner. An
independent action may be consolidated with | ||
another civil proceeding, as
provided by paragraph (2) of | ||
subsection (a) of this Section. For any
action commenced under | ||
paragraph (2) or (3) of subsection (a) of this Section,
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dismissal of the conjoined case (or a finding of not guilty) | ||
shall not
require dismissal of the action
for the order of | ||
protection; instead, it may be treated as an
independent action | ||
and, if necessary and appropriate, transferred to a
different | ||
court or division. Dismissal of any conjoined case shall not | ||
affect
the
validity of any previously issued order of | ||
protection, and thereafter
subsections (b)(1) and (b)(2) of | ||
Section 220 shall be inapplicable to
such order.
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(d) Pro se petitions. The court shall provide, through the | ||
office of
the clerk of the court, simplified forms and clerical | ||
assistance to help
with the writing and filing of a petition | ||
under this Section by any person
not represented by counsel. In | ||
addition, that assistance may be provided
by the state's | ||
attorney.
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(e)
As provided in this subsection, the administrative | ||
director of the Administrative Office of the Illinois Courts, | ||
with the approval of the administrative board of the courts, | ||
may adopt rules to establish and implement a pilot program to | ||
allow the electronic filing of petitions for temporary orders | ||
of protection and the issuance of such orders by audio-visual | ||
means to accommodate litigants for whom attendance in court to | ||
file for and obtain emergency relief would constitute an undue | ||
hardship or would constitute a risk of harm to the litigant. | ||
(1) As used in this subsection: | ||
(A) "Electronic means" means any method of | ||
transmission of information between computers or other | ||
machines designed for the purpose of sending or | ||
receiving electronic transmission and that allows for | ||
the recipient of information to reproduce the | ||
information received in a tangible medium of | ||
expression. | ||
(B) "Independent audio-visual system" means an | ||
electronic system for the transmission and receiving | ||
of audio and visual signals, including those with the | ||
means to preclude the unauthorized reception and | ||
decoding of the signals by commercially available | ||
television receivers, channel converters, or other | ||
available receiving devices. | ||
(C) "Electronic appearance" means an appearance in | ||
which one or more of the parties are not present in the |
court, but in which, by means of an independent | ||
audio-visual system, all of the participants are | ||
simultaneously able to see and hear reproductions of | ||
the voices and images of the judge, counsel, parties, | ||
witnesses, and any other participants. | ||
(2) Any pilot program under this subsection (e) shall | ||
be developed by the administrative director or his or her | ||
delegate in consultation with at least one local | ||
organization providing assistance to domestic violence | ||
victims. The program plan shall include but not be limited | ||
to: | ||
(A) identification of agencies equipped with or | ||
that have access to an independent audio-visual system | ||
and electronic means for filing documents; and | ||
(B) identification of one or more organizations | ||
who are trained and available to assist petitioners in | ||
preparing and filing petitions for temporary orders of | ||
protection and in their electronic appearances before | ||
the court to obtain such orders; and | ||
(C) identification of the existing resources | ||
available in local family courts for the | ||
implementation and oversight of the pilot program; and | ||
(D) procedures for filing petitions and documents | ||
by electronic means, swearing in the petitioners and | ||
witnesses, preparation of a transcript of testimony | ||
and evidence presented, and a prompt transmission of |
any orders issued to the parties; and | ||
(E) a timeline for implementation and a plan for | ||
informing the public about the availability of the | ||
program; and | ||
(F) a description of the data to be collected in | ||
order to evaluate and make recommendations for | ||
improvements to the pilot program. | ||
(3) In conjunction with an electronic appearance, any | ||
petitioner for an ex parte temporary order of protection | ||
may, using the assistance of a trained advocate if | ||
necessary, commence the proceedings by filing a petition by | ||
electronic means. | ||
(A) A petitioner who is seeking an ex parte | ||
temporary order of protection using an electronic | ||
appearance must file a petition in advance of the | ||
appearance and may do so electronically. | ||
(B) The petitioner must show that traveling to or | ||
appearing in court would constitute an undue hardship | ||
or create a risk of harm to the petitioner. In granting | ||
or denying any relief sought by the petitioner, the | ||
court shall state the names of all participants and | ||
whether it is granting or denying an appearance by | ||
electronic means and the basis for such a | ||
determination. A party is not required to file a | ||
petition or other document by electronic means or to | ||
testify by means of an electronic appearance. |
(C) Nothing in this subsection (e) affects or | ||
changes any existing laws governing the service of | ||
process, including requirements for personal service | ||
or the sealing and confidentiality of court records in | ||
court proceedings or access to court records by the | ||
parties to the proceedings. | ||
(4) Appearances. | ||
(A) All electronic appearances by a petitioner | ||
seeking an ex parte temporary order of protection under | ||
this subsection (e) are strictly voluntary and the | ||
court shall obtain the consent of the petitioner on the | ||
record at the commencement of each appearance. | ||
(B) Electronic appearances under this subsection | ||
(e) shall be recorded and preserved for transcription. | ||
Documentary evidence, if any, referred to by a party or | ||
witness or the court may be transmitted and submitted | ||
and introduced by electronic means. | ||
(Source: P.A. 99-718, eff. 1-1-17; 100-199, eff. 1-1-18; | ||
100-201, eff. 8-18-17 .)
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(750 ILCS 60/217) (from Ch. 40, par. 2312-17)
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Sec. 217. Emergency order of protection.
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(a) Prerequisites. An emergency order of protection shall | ||
issue if
petitioner satisfies the requirements of this | ||
subsection for one or more of the
requested remedies. For each | ||
remedy requested, petitioner shall establish
that:
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(1) The court has jurisdiction under Section 208;
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(2) The requirements of Section 214 are satisfied; and
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(3) There is good cause to grant the remedy, regardless | ||
of prior service
of process or of notice upon the | ||
respondent, because:
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(i) For
the remedies of "prohibition of abuse" | ||
described in
Section 214(b)(1), "stay away order and | ||
additional prohibitions" described in
Section
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214(b)(3), "removal or concealment of minor child" | ||
described in Section
214(b)(8), "order to appear" | ||
described in Section 214(b)(9), "physical
care and | ||
possession of the minor child" described in Section | ||
214(b)(5),
"protection of property" described in | ||
Section 214(b)(11), "prohibition
of entry" described | ||
in Section 214(b)(14), "prohibition of firearm | ||
possession" described in Section 214(b)(14.5), | ||
"prohibition of access to
records" described in | ||
Section 214(b)(15), and "injunctive relief"
described | ||
in Section 214(b)(16), 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;
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(ii) For the remedy of "grant of exclusive | ||
possession of
residence" described in Section | ||
214(b)(2), the immediate danger of further
abuse of |
petitioner by respondent,
if petitioner chooses or had | ||
chosen to remain in the residence or household
while | ||
respondent was given any prior notice or greater notice | ||
than was
actually given of petitioner's efforts to | ||
obtain judicial relief,
outweighs the hardships to | ||
respondent of an emergency order
granting petitioner | ||
exclusive possession of the residence or household.
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This remedy shall not be denied because petitioner has | ||
or could obtain
temporary shelter elsewhere while | ||
prior notice is given to respondent, unless
the
| ||
hardships to respondent from exclusion from the home | ||
substantially outweigh
those to petitioner;
| ||
(iii) For the remedy of "possession of personal | ||
property"
described in
Section 214(b)(10), improper | ||
disposition of the personal
property would be likely
to | ||
occur if respondent were given any prior notice, or | ||
greater notice than
was actually given, of | ||
petitioner's efforts to obtain judicial relief, or
| ||
petitioner has an immediate and pressing need for | ||
possession of that property.
| ||
An emergency order may not include the counseling, legal | ||
custody, payment
of support or monetary compensation remedies.
| ||
(a-5) When a petition for an emergency order of protection | ||
is granted, the order shall not be publicly available until the | ||
order is served on the respondent. | ||
(b) Appearance by respondent.
If respondent appears in |
court for this hearing for an emergency order,
he or she may | ||
elect to file a general appearance and testify.
Any resulting | ||
order may be an emergency order, governed
by this Section.
| ||
Notwithstanding the requirements of this Section, if all | ||
requirements of
Section 218 have been met, the court may issue | ||
a 30-day interim order.
| ||
(c) Emergency orders: court holidays and evenings.
| ||
(1) Prerequisites. When the court is unavailable at the | ||
close of
business, the petitioner may file a petition for a | ||
21-day emergency order
before any available circuit judge | ||
or associate judge who may grant relief
under this Act. If | ||
the judge finds that there is an immediate and present
| ||
danger of abuse to petitioner and that petitioner has | ||
satisfied the
prerequisites set forth in subsection (a) of | ||
Section 217, that judge may
issue an emergency order of | ||
protection.
| ||
(1.5) Issuance of 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 emergency
order | ||
of protection at all times, whether or not the court is in | ||
session.
| ||
(2) Certification and transfer. 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 Department of State Police pursuant to Section 302. Any | ||
order issued under this Section and
any documentation in | ||
support thereof 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, in | ||
accordance with Section 222. Filing the petition
shall | ||
commence proceedings for further relief under Section 202.
| ||
Failure to comply with the requirements of this subsection | ||
shall not
affect the validity of the order.
| ||
(Source: P.A. 96-701, eff. 1-1-10; 96-1241, eff. 1-1-11.)
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