(740 ILCS 22/Art. II heading)
(740 ILCS 22/201)
Sec. 201. Persons protected by this Act.
(a) The following persons are protected by this Act:
(b) A petition for a civil no contact order may be filed:
(Source: P.A. 102-198, eff. 1-1-22.)
(740 ILCS 22/202)
(Text of Section from P.A. 102-831)
Sec. 202. Commencement of action; filing fees.
(a) An action for a civil no contact order is commenced:
(a-5) When a petition for an emergency civil no contact order is filed, the petition and file shall not be public and shall only be accessible to the court, law enforcement, petitioner, rape crisis advocate, counsel of record for either party, and the State's Attorney for the county 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.
(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.
(Source: P.A. 101-255, eff. 1-1-20; 102-831, eff. 5-13-22.)
(Text of Section from P.A. 102-853)
Sec. 202. Commencement of action; filing fees.
(a) An action for a civil no contact order is commenced:
(a-1) A petition for a civil no contact order may be filed in-person or online.
(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.
(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.
(Source: P.A. 101-255, eff. 1-1-20; 102-853, eff. 1-1-23.)
(740 ILCS 22/203)
Sec. 203.
Pleading; non-disclosure of address.
(a) A petition for a civil no contact order shall be in writing and
verified or accompanied by affidavit and shall allege that the petitioner
has been the victim of non-consensual sexual conduct or non-consensual
sexual penetration by the respondent.
(b) If the petition states that disclosure of the petitioner's address
would risk abuse of the petitioner or any member of the petitioner's family
or
household,
that address may be omitted from all documents filed
with the court. If
the petitioner has not disclosed an address under this subsection,
the petitioner shall designate an alternative address at which the respondent
may serve notice of any motions.
(Source: P.A. 93-236, eff. 1-1-04.)
(740 ILCS 22/204)
Sec. 204.
Application of rules of civil procedure; rape crisis
advocates.
(a) Any proceeding to obtain, modify, reopen or appeal a civil no
contact order shall be governed by the rules of civil procedure
of this State. The standard of proof in such a proceeding is proof by a
preponderance of the evidence. The Code of Civil Procedure and Supreme
Court
and local court rules applicable to civil proceedings shall apply, except as
otherwise provided by this Act.
(b) In circuit courts, rape crisis
advocates shall be allowed to accompany the victim and confer with the
victim, unless otherwise directed by the court. Court administrators shall
allow rape crisis advocates to
assist victims of non-consensual sexual conduct or non-consensual sexual
penetration in the preparation of petitions for
civil no contact orders. Rape crisis advocates are not engaged in the
unauthorized
practice of law when providing assistance of the types specified in this
subsection (b). Communications between the petitioner and a rape crisis
advocate are protected by the confidentiality of statements made to rape crisis
personnel as provided for in Section 8-802.1 of the Code of Civil Procedure.
(Source: P.A. 93-236, eff. 1-1-04.)
(740 ILCS 22/204.2)
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.
(Source: P.A. 96-311, eff. 1-1-10.)
(740 ILCS 22/204.3)
Sec. 204.3. Appointment of counsel. The court may appoint counsel to represent the petitioner if the respondent is represented by counsel.
(Source: P.A. 93-811, eff. 1-1-05.)
(740 ILCS 22/204.5)
Sec. 204.5.
Trial by jury.
There shall be no right to trial by jury in any
proceeding to
obtain, modify, vacate or extend any civil no contact order under this Act.
However, nothing in this Section shall deny any existing right to trial by jury
in a criminal proceeding.
(Source: P.A. 93-236, eff. 1-1-04.)
(740 ILCS 22/205)
Sec. 205.
Subject matter jurisdiction.
Each of the circuit courts
has the power to issue civil no contact orders.
(Source: P.A. 93-236, eff. 1-1-04.)
(740 ILCS 22/206)
Sec. 206.
Jurisdiction over persons.
The courts of this State have
jurisdiction to bind (1) State residents
and (2) non-residents having minimum contacts with this State, to the
extent permitted by the long-arm statute, Section 2-209 of the Code of
Civil Procedure.
(Source: P.A. 93-236, eff. 1-1-04.)
(740 ILCS 22/207)
Sec. 207.
Venue.
A petition for a civil no contact order may be
filed in
any county where (1) the petitioner resides, (2) the respondent resides, or (3)
the alleged non-consensual sexual conduct or non-consensual sexual
penetration occurred.
(Source: P.A. 93-236, eff. 1-1-04.)
(740 ILCS 22/208)
Sec. 208. Process.
(a) Any action for a civil no contact order requires that a separate
summons be issued and
served. The summons shall be in the form prescribed by Supreme Court
Rule
101(d), except that it shall require the respondent to answer or appear
within 7 days. Attachments to the summons or notice shall include the
petition for civil no contact order and supporting affidavits, if any, and
any emergency civil no contact order that has been issued.
(b) The summons shall be served by the sheriff
or other law enforcement officer at the earliest time and shall take
precedence over other summonses except those of a similar emergency
nature. Special process servers may be appointed at any time, and their
designation shall not affect the responsibilities and authority of the
sheriff or other official process servers.
(c) Service of process on a member of the respondent's household or
by publication shall be adequate if: (1) the petitioner
has made all reasonable efforts to accomplish actual service of process
personally upon the respondent, but the respondent cannot be found to effect
such service; and (2) the petitioner files an affidavit or presents sworn
testimony as to those efforts.
(d) A plenary civil no contact order may be entered by
default for the remedy sought in the petition, if the respondent has been
served or given notice in accordance with
subsection (a) and if the respondent then fails to appear as directed or
fails to appear on any subsequent appearance or hearing date agreed
to by the parties or set by the court.
(e) If an order is granted under subsection (c) of Section 214, the court shall immediately file a certified copy of the order with the sheriff or other law enforcement official charged with maintaining Department of State Police records.
(Source: P.A. 101-508, eff. 1-1-20.)
(740 ILCS 22/209)
Sec. 209.
Service of notice of hearings.
Except as provided in
Section 208, notice of hearings on petitions or motions shall
be served in accordance with Supreme Court Rules 11 and 12, unless
notice is excused by Section 214 of this Act or by the Code of Civil
Procedure, Supreme Court Rules, or local rules.
(Source: P.A. 93-236, eff. 1-1-04.)
(740 ILCS 22/210)
Sec. 210. Hearings.
(a) A petition for a civil no contact order shall be
treated as an expedited proceeding, and no court may transfer or otherwise
decline
to decide all or part of such petition. Nothing in this Section shall prevent
the court from reserving issues if jurisdiction or notice requirements are not
met.
(b) A court in a county with a population above 250,000 shall offer the option of a remote hearing to a petitioner for a civil no contact order. The court has the discretion to grant or deny the request for a remote hearing. Each court shall determine the procedure for a remote hearing. The petitioner and respondent may appear remotely or in-person.
The court shall issue and publish a court order, standing order, or local rule detailing information about the process for requesting and participating in a remote court appearance. The court order, standing order, or local rule shall be published on the court's website and posted on signs throughout the courthouse, including in the clerk's office. The sign shall be written in plain language and include information about the availability of remote court appearances and the process for requesting a remote hearing.
(Source: P.A. 102-853, eff. 1-1-23.)
(740 ILCS 22/211)
Sec. 211.
Continuances.
(a) Petitions for emergency
remedies shall be granted or denied in accordance with the standards of
Section 214, regardless of the respondent's appearance or presence in court.
(b) Any action for a civil no contact order is an expedited proceeding.
Continuances shall be
granted only for good cause shown and kept to the minimum reasonable
duration, taking into account the reasons for the continuance.
(Source: P.A. 93-236, eff. 1-1-04.)
(740 ILCS 22/212)
Sec. 212. (Repealed).
(Source: P.A. 96-311, eff. 1-1-10. Repealed by P.A. 96-307, eff. 1-1-10.)
(740 ILCS 22/213)
Sec. 213. Civil no contact order; remedies.
(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.
(a-5) (Blank).
(b) (Blank).
(b-5) The court may provide relief as follows:
(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:
(d) Monetary damages are not recoverable as a remedy.
(Source: P.A. 101-255, eff. 1-1-20; 102-220, eff. 1-1-22; 102-831, eff. 5-13-22.)
(740 ILCS 22/213.5)
Sec. 213.5. Accountability for actions of others. For the purposes of
issuing a civil no contact order, deciding what remedies should be included and
enforcing the order, Article 5 of the Criminal Code of 2012
shall govern whether respondent is legally accountable for the conduct of
another person.
(Source: P.A. 97-1150, eff. 1-25-13.)
(740 ILCS 22/213.7)
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.
(Source: P.A. 96-311, eff. 1-1-10.)
(740 ILCS 22/214)
Sec. 214. Emergency civil no contact order.
(a) An emergency civil no contact order shall issue if
the petitioner satisfies the requirements of this subsection (a). The
petitioner
shall establish that:
An emergency civil 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 nonconsensual sexual conduct or nonconsensual sexual penetration by the respondent and to support the granting of relief under the issuance of the civil no contact order.
An emergency civil no contact order shall be issued if the court finds that subsections (1), (2), and (3) above are met.
(a-5) When a petition for a civil no contact order is granted, the petition, order, and file shall not be public and shall only be accessible to the court, law enforcement, petitioner, rape crisis advocate, counsel of record for either party, and the State's Attorney for the county until the petition 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 215 have been met, the
court may issue a plenary order.
(c) Emergency orders; court holidays and evenings.
(Source: P.A. 102-831, eff. 5-13-22.)
(740 ILCS 22/215)
Sec. 215.
Plenary civil no contact order.
A plenary civil no contact
order shall issue if the petitioner has served notice of the hearing
for that order on the respondent, in accordance with Section 209, and
satisfies the requirements of this Section. The petitioner must
establish that:
(Source: P.A. 93-236, eff. 1-1-04.)
(740 ILCS 22/215.5)
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.
(Source: P.A. 96-311, eff. 1-1-10.)
(740 ILCS 22/216)
Sec. 216. Duration and extension of orders.
(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.
(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 civil no contact order
entered in conjunction with a criminal prosecution or delinquency petition shall remain in effect as
provided in Section 112A-20 of the Code of Criminal Procedure of 1963.
(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
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
214, which applies only when the court is unavailable at the close of
business or on a court holiday.
(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.
(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
order undermines the purposes of this Act. This Section shall not
be construed as encouraging that practice.
(Source: P.A. 100-199, eff. 1-1-18.)
(740 ILCS 22/217)
Sec. 217. Contents of orders.
(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.
(b) A civil no contact order shall further state the following:
(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."
(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. 96-311, eff. 1-1-10.)
(740 ILCS 22/218)
Sec. 218. Notice of orders.
(a) Upon issuance of any civil no contact order, the clerk shall
immediately:
(b) The clerk of the issuing judge shall, or the petitioner may, on the
same day that a civil no contact order is issued, file a certified copy of that
order with the sheriff or other law enforcement officials charged with
maintaining Illinois State Police records or charged with serving the
order upon the respondent. If the respondent, at the time of the issuance of the order, is committed to the custody of the Illinois Department of Corrections or Illinois Department of Juvenile Justice, or is on parole, aftercare release, or mandatory supervised release, the sheriff or other law enforcement officials charged with maintaining Illinois State Police records shall notify the Department of Corrections or Department of Juvenile Justice within 48 hours of receipt of a copy of the civil no contact order from the clerk of the issuing judge or the petitioner. Such notice shall include the name of the respondent, the respondent's IDOC inmate number or IDJJ youth identification number, the respondent's date of birth, and the LEADS Record Index Number.
(c) Unless the respondent was present in court when the order was
issued, the sheriff, other law enforcement official, or special process server
shall promptly serve that order upon the respondent and file proof of such
service in the manner provided for service of process in civil proceedings. Instead of serving the order upon the respondent, however, the sheriff, other law enforcement official, special process server, or other persons defined in Section 218.1 may serve the respondent with a short form notification as provided in Section 218.1. If
process has not yet been served upon the respondent, it shall be served with
the order or short form notification if such service is made by the sheriff, other law enforcement official, or special process server.
(d) If the person against whom the civil no contact order is issued is
arrested and the written order is issued in accordance with subsection (c) of
Section 214 and received by the custodial law enforcement agency before
the respondent or arrestee is released from custody, the custodial law
enforcement agent shall promptly serve the order upon the respondent or
arrestee before the respondent or arrestee is released from custody. In no
event shall detention of the respondent or arrestee be extended for hearing
on the petition for civil no contact order or receipt of the order issued under
Section 214 of this Act.
(e) Any order extending, modifying, or revoking any civil no contact
order shall be promptly recorded, issued, and served as provided in this
Section.
(f) Upon the request of the
petitioner, within 24 hours of the issuance of a civil no contact order, the
clerk of the issuing judge shall
send written notice of the order along with
a certified copy of the order to any school, college, or university at which
the
petitioner is enrolled.
(Source: P.A. 101-508, eff. 1-1-20; 102-538, eff. 8-20-21.)
(740 ILCS 22/218.1)
Sec. 218.1. Short form notification.
(a) Instead of personal service of a civil no contact order under Section 218, a sheriff, other law enforcement official, special process server, or personnel assigned by the Department of Corrections or Department of Juvenile Justice to investigate the alleged misconduct of committed persons or alleged violations of a parolee's or releasee's conditions of parole, aftercare release, or mandatory supervised release may serve a respondent with a short form notification. The short form notification must include the following items:
(b) The short form notification must contain the following notice in bold print:
"The order is now enforceable. You must report to the office of the sheriff or the office of the circuit court in (name of county) County to obtain a copy of the order. You are subject to arrest and may be charged with a misdemeanor or felony if you violate any of the terms of the order."
(c) Upon verification of the identity of the respondent and the existence of an unserved order against the respondent, a sheriff or other law enforcement official may detain the respondent for a reasonable time necessary to complete and serve the short form notification.
(d) When service is made by short form notification under this Section, it may be proved by the affidavit of the person making the service.
(e) The Attorney General shall make the short form notification form available to law enforcement agencies in this State.
(f) A single short form notification form may be used for orders of protection under the Illinois Domestic Violence Act of 1986, stalking no contact orders under the Stalking No Contact Order Act, and civil no contact orders under this Act.
(Source: P.A. 97-1017, eff. 1-1-13; 98-558, eff. 1-1-14.)
(740 ILCS 22/218.5)
Sec. 218.5. Modification; reopening of orders.
(a) Except as otherwise provided in this Section, upon motion by the petitioner, the court may modify an emergency or plenary civil no contact order by altering the remedy, subject to Section 213.
(b) After 30 days following entry of a plenary civil no contact order, a court may modify that order only when a change in the applicable law or facts since that plenary order was entered warrants a modification of its terms.
(c) Upon 2 days' notice to the petitioner, or such shorter notice as the court may prescribe, a respondent subject to an emergency civil no contact order issued under this Act may appear and petition the court to rehear the original or amended petition. Any petition to rehear shall be verified and shall allege the following:
(Source: P.A. 93-811, eff. 1-1-05.)
(740 ILCS 22/219)
Sec. 219.
Violation.
A knowing violation of a civil no contact order is a
Class A misdemeanor. A second or subsequent violation is a Class 4 felony.
(Source: P.A. 93-236, eff. 1-1-04.)
(740 ILCS 22/220)
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.
(b-1) The court shall not hold a school district or private or non-public school or any of its employees in civil or criminal contempt unless the school district or private or non-public school has been allowed to intervene.
(b-2) The court may hold the parents, guardian, or legal custodian of a minor respondent in civil or criminal contempt for a violation of any provision of any order entered under this Act for conduct of the minor respondent in violation of this Act if the
parents, guardian, or legal custodian directed, encouraged, or assisted the respondent minor in such conduct.
(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:
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.
(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:
(f) The enforcement of a civil no contact order in civil or criminal court shall not be affected by either of the following:
(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.
(Source: P.A. 101-652, eff. 1-1-23.)