(750 ILCS 60/Art. II heading)
(750 ILCS 60/201) (from Ch. 40, par. 2312-1)
Sec. 201. Persons protected by this Act.
(a) The following persons are protected by this Act:
(b) A petition for an order of protection may be filed
only:
(c) Any petition properly filed under this Act may seek
protection for any additional persons protected by this Act.
(Source: P.A. 100-639, eff. 1-1-19.)
(750 ILCS 60/201.1) (from Ch. 40, par. 2312-1.1)
Sec. 201.1.
Access of high-risk adults.
No person shall obstruct or
impede the access of a high-risk adult with disabilities to any agency or
organization authorized to file a petition for an order of protection under
Section 201 of this Act for the purpose of a private visit relating to
legal rights, entitlements, claims and services under this Act and Section 1 of
"An Act
in relation to domestic relations and domestic violence shelters and
service programs", approved September 24, 1981, as now or hereafter
amended. If a person does so obstruct or impede such access of a high-risk
adult with disabilities, local law enforcement agencies shall take all
appropriate
action to assist the party seeking access in petitioning for a search
warrant or an ex parte injunctive order. Such warrant or order may issue
upon a showing of probable cause to believe that the high-risk adult with
disabilities is the subject of abuse, neglect, or exploitation which
constitutes a criminal offense or that any other criminal offense is
occurring which affects the interests or welfare of the high-risk adult
with disabilities. When, from the personal observations of a law
enforcement officer, it appears probable that delay of entry in order to obtain
a warrant or order would cause the high-risk adult with disabilities to be
in imminent danger of death or great bodily harm, entry may be made by the
law enforcement officer after an announcement of the officer's authority and purpose.
(Source: P.A. 86-542.)
(750 ILCS 60/202) (from Ch. 40, par. 2312-2)
Sec. 202. Commencement of action; filing fees; dismissal.
(a) How to commence action. Actions for orders of protection are commenced:
(a-1) A petition for an order of protection may be filed in-person or online.
(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
petition,
rule, motion, or order in an action commenced under this Section.
(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,
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.
(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.
(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.
(750 ILCS 60/203) (from Ch. 40, par. 2312-3)
Sec. 203.
Pleading; non-disclosure of address; non-disclosure of
schools.
(a) A petition for an
order of protection shall be in writing and verified or accompanied by
affidavit
and shall allege that petitioner has been abused by respondent, who is a
family or household member.
The petition shall further set forth whether there is any other pending
action between the parties. During the pendency of this proceeding, each
party has a continuing duty to inform the court of any subsequent
proceeding for an order of protection in this or any other state.
(b) If the petition states that disclosure of petitioner's
address would risk abuse of petitioner or any member of petitioner's
family or household
or reveal the confidential address of a shelter for domestic violence victims,
that address may be omitted from all documents filed with the court. If
disclosure is necessary to determine jurisdiction or consider any venue issue,
it shall be made orally and in camera.
If petitioner has not disclosed an address under this subsection,
petitioner shall designate an alternative address at which respondent may
serve notice of any motions.
(c) If the petitioner is seeking to have a child protected by the order of
protection,
and if that child is enrolled in any day-care facility, pre-school,
pre-kindergarten, private
school, public school district, college, or university, the petitioner may
provide the name
and address of the day-care facility, pre-school, pre-kindergarten, private
school, public
school district, college, or university to the court. However, if the petition
states that
disclosure of this information would risk abuse to petitioner or to the child
protected
under the order, this information may be omitted from all documents filed with
the court.
(Source: P.A. 92-90, eff. 7-18-01.)
(750 ILCS 60/204) (from Ch. 40, par. 2312-4)
Sec. 204.
(Repealed).
(Source: Repealed by P.A. 88-306.)
(750 ILCS 60/205) (from Ch. 40, par. 2312-5)
Sec. 205.
Application of rules of civil procedure; Domestic abuse
advocates.
(a) Any proceeding to obtain, modify, reopen or appeal an order of
protection, whether commenced alone or in conjunction with a civil or criminal
proceeding, 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, whether the proceeding is heard in criminal or civil court. The Code
of Civil Procedure and Supreme Court and local court rules applicable to civil
proceedings, as now or hereafter amended, shall apply, except as otherwise
provided by this law.
(b) (1) In all circuit court proceedings under this Act, domestic abuse
advocates shall be allowed to attend and sit at counsel table and confer with
the victim, unless otherwise directed by the court.
(2) In criminal proceedings in circuit courts, domestic abuse advocates
shall be allowed to accompany the victim and confer with the victim,
unless otherwise directed by the court.
(3) Court administrators shall allow domestic abuse advocates to
assist victims of domestic violence in the preparation of petitions for
orders of protection.
(4) Domestic abuse advocates are not engaged in the unauthorized
practice of law when providing assistance of the types specified in this
subsection (b).
(Source: P.A. 87-1186; 87-1255; 88-45.)
(750 ILCS 60/206) (from Ch. 40, par. 2312-6)
Sec. 206.
Trial by jury.
There shall be no right to trial by jury in
any proceeding to obtain, modify, vacate or extend any order of protection
under this Act. However, nothing in this Section shall deny any existing
right to trial by jury in a criminal proceeding.
(Source: P.A. 87-1186.)
(750 ILCS 60/207) (from Ch. 40, par. 2312-7)
Sec. 207.
Subject matter jurisdiction.
Each of the circuit courts
shall have the power to issue orders of protection.
(Source: P.A. 84-1305.)
(750 ILCS 60/208) (from Ch. 40, par. 2312-8)
Sec. 208.
Jurisdiction over persons.
In child custody proceedings, the
court's personal jurisdiction is
determined by this State's Uniform
Child-Custody Jurisdiction and Enforcement Act. Otherwise, the courts of this
State have
jurisdiction to bind (i) State residents and (ii) 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, as now or hereafter
amended.
(Source: P.A. 93-108, eff. 1-1-04.)
(750 ILCS 60/209) (from Ch. 40, par. 2312-9)
Sec. 209.
Venue.
(a) Filing. A petition for an order of protection may be
filed in any county where (i) petitioner resides, (ii) respondent resides,
(iii) the alleged abuse occurred or (iv) the petitioner is temporarily
located if petitioner left petitioner's residence to avoid further abuse and
could not obtain safe, accessible, and adequate temporary housing in
the county of that residence.
(b) Exclusive Possession. With respect to requests for exclusive
possession of the residence under this Act, venue is proper only in the
county where the residence is located, except in the following circumstances:
(c) Inconvenient forum. If an order of protection is issued by a court
in a county in which neither of the parties resides, the court
may balance hardships to the parties and accordingly transfer any
proceeding to extend, modify, re-open, vacate or enforce any such order to
a county wherein a party resides.
(d) Objection. Objection to venue is waived if not made within such time as
respondent's response is due, except as otherwise provided in subsection
(b). In no event shall venue be deemed jurisdictional.
(Source: P.A. 86-966; 87-1186.)
(750 ILCS 60/210) (from Ch. 40, par. 2312-10)
Sec. 210. Process.
(a) Summons. Any action for an order
of protection, whether commenced alone or in conjunction with another
proceeding, is a distinct cause of action and requires that a separate
summons be issued and served, except that in pending cases the following
methods may be used:
The summons shall be in the form prescribed
by Supreme Court Rule 101(d), except that it shall require respondent to
answer or appear within 7 days.
Attachments to the summons or notice shall include the petition for order
of protection and supporting affidavits, if any, and any emergency order of
protection that has been issued. The enforcement of an order of protection
under Section 223 shall not be affected by the lack of service, delivery,
or notice, provided the requirements of subsection (d) of that Section are
otherwise met.
(b) Blank.
(c) Expedited service. 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. In counties with a population over 3,000,000, a special process server may not be appointed if the order of protection grants the surrender of a child, the surrender of a firearm or firearm owners identification card, or the exclusive possession of a shared residence.
(d) Remedies requiring actual notice. The counseling, payment of
support, payment of shelter services,
and payment of losses remedies provided by paragraphs 4,
12, 13, and 16 of subsection (b) of Section 214 may be granted only if
respondent has
been personally served with process, has answered or has made a general
appearance.
(e) Remedies upon constructive notice. Service of process on a member
of respondent's household or by publication shall be adequate for the
remedies provided by paragraphs 1, 2, 3, 5, 6, 7, 8, 9, 10,
11, 14, 15, and 17 of subsection
(b) of Section 214, but only if: (i) petitioner has made all reasonable
efforts to accomplish actual service of process personally upon respondent,
but respondent cannot be found to effect such service and (ii) petitioner
files an affidavit or presents sworn testimony
as to those efforts.
(f) Default. A plenary order of protection may be entered by default as follows:
(g) Emergency orders. If an order is granted under subsection (c) of Section 217, 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.)
(750 ILCS 60/210.1) (from Ch. 40, par. 2312-10.1)
Sec. 210.1.
Service of notice in conjunction with a pending civil case.
(a) Notice. When an action for an order of protection is sought in
conjunction with a pending civil case in which the court has obtained
jurisdiction over respondent, and respondent has filed a general
appearance, then a separate summons need not issue. Original notice of a
hearing on a petition for an order of protection may be given, and the
documents served, in accordance with Illinois Supreme Court Rules 11 and
12. When, however, an emergency order of protection is sought in such a
case on an ex parte application, then the procedure set forth in subsection
(a) of Section 210 (other than in subsection (a)(2)) shall be followed. If
an order of protection is issued using the notice provisions of this
Section, then the order of protection or extensions of that order may
survive the disposition of the main civil case. The enforcement of any
order of protection under Section 223 shall not be affected by the lack of
notice under
this Section, provided the requirements of subsection (d) of that Section
are otherwise met.
(b) Default. The form of notice described in subsection (a) shall
include the following language directed to the respondent:
(c) Party to give notice. Notice in the pending civil case shall be
given (i) by either party
under this Section, with respect to extensions, modifications, hearings, or
other relief pertinent to an order of protection, in accordance with
Illinois Supreme Court Rules 11 and 12 or (ii) by the respondent as
provided in subsection (c) of Section 224.
(Source: P.A. 87-1186.)
(750 ILCS 60/211) (from Ch. 40, par. 2312-11)
Sec. 211.
Service of notice of hearings.
Except as provided in
Sections 210 and 210.1, 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 217 of this Act, or by the
Code of Civil Procedure, Supreme Court Rules, or local rules, as now or
hereafter amended.
(Source: P.A. 87-1186.)
(750 ILCS 60/212) (from Ch. 40, par. 2312-12)
Sec. 212. Hearings.
(a) A petition for an order of protection shall be
treated as an expedited proceeding, and no court
shall transfer or
otherwise decline to decide all or part of such petition
except as otherwise provided herein. Nothing in this Section
shall prevent the court from reserving issues when jurisdiction or notice
requirements are not met.
(b) Any court or a division thereof which ordinarily does not decide
matters of child custody and family support may decline to decide contested
issues of
physical care, custody, visitation, or family
support unless a decision on one or more of those contested
issues is necessary to
avoid the risk of abuse, neglect, removal from the state or concealment
within the state of the child or of separation of the child from the primary
caretaker.
If the court or division thereof has declined to decide any or all of
these issues, then it shall transfer all undecided issues to the
appropriate court or division.
In the event of such a transfer, a government attorney involved in the
criminal prosecution may, but need not, continue to offer counsel to
petitioner on transferred matters.
(c) If the court transfers or otherwise declines to decide
any issue,
judgment on that issue shall be expressly reserved and ruling on other
issues shall not be delayed or declined.
(d) A court in a county with a population above 250,000 shall offer the option of a remote hearing to a petitioner for an order of protection. 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.)
(750 ILCS 60/213) (from Ch. 40, par. 2312-13)
Sec. 213.
Continuances.
(a) Petitions for emergency orders. Petitions for emergency remedies
shall be granted or denied in accordance with the standards of Section 217,
regardless of respondent's appearance or presence in court.
(b) Petitions for interim and plenary orders. Any action for an order
of protection is an expedited proceeding. Continuances should be granted
only for good cause shown and kept to the minimum reasonable
duration, taking into account the reasons for the continuance. If the
continuance is necessary for some, but not all, of the remedies requested,
hearing on those
other remedies shall not be delayed.
(Source: P.A. 87-1186.)
(750 ILCS 60/213.1) (from Ch. 40, par. 2312-13.1)
Sec. 213.1.
Hearsay exception.
In an action for an order of
protection on behalf of a high-risk adult with disabilities, a finding of
lack of capacity to testify shall not render inadmissible any statement as
long as the reliability of the statement is ensured by circumstances
bringing it within the scope of a hearsay exception. The following
evidence shall be admitted as an exception to the hearsay rule whether or
not the declarant is available as a witness:
(1) A statement relating to a startling event or condition made
spontaneously while the declarant was under the contemporaneous or
continuing stress of excitement caused by the event or condition.
(2) A statement made for the purpose of obtaining, receiving, or
promoting medical diagnosis or treatment, including psychotherapy, and
describing medical history, or past or present symptoms, pain, or
sensations, or the inception or general character of the cause or external
source thereof insofar as reasonably pertinent to diagnosis or treatment.
For purposes of obtaining a protective order, the identity of any person
inflicting abuse or neglect as defined in this Act shall be deemed
reasonably pertinent to diagnosis or treatment.
(3) A statement not specifically covered by any of the foregoing
exceptions but having equivalent circumstantial guarantees of
trustworthiness, if the court determines that (A) the statement is offered
as evidence of a material fact, and (B) the statement is more probative on
the point for which it is offered than any other evidence which the
proponent can procure through reasonable efforts.
Circumstantial guarantees of trustworthiness include:
(1) the credibility of the witness who testifies the statement was made;
(2) assurance of the declarant's personal knowledge of the event;
(3) the declarant's interest or bias and the presence or absence of
capacity or motive to fabricate;
(4) the presence or absence of suggestiveness or prompting at the time
the statement was made;
(5) whether the declarant has ever reaffirmed or recanted the statement; and
(6) corroboration by physical evidence or behavioral changes in the declarant.
The record shall reflect the court's findings of fact and
conclusions of law as to the trustworthiness requirement.
A statement shall not be admitted under the exception set forth in
this Section unless its proponent gives written notice stating his or her
intention to offer the statement and the particulars of it to the adverse
party sufficiently in advance of offering the statement to provide the
adverse party with a fair opportunity to prepare to meet the statement.
(Source: P.A. 86-542.)
(750 ILCS 60/213.2) (from Ch. 40, par. 2312-13.2)
Sec. 213.2.
Waiver of privilege.
When the subject of any proceeding
under this Act is a high-risk adult with disabilities for whom no guardian
has been appointed, no party other than
the high-risk adult or the attorney for the high-risk adult shall be
entitled to invoke or waive a common law or statutory privilege on behalf of the
high-risk adult which results in the exclusion of evidence.
(Source: P.A. 86-542.)
(750 ILCS 60/213.3) (from Ch. 40, par. 2312-13.3)
Sec. 213.3.
Independent counsel; temporary substitute guardian.
If
the petitioner is a high-risk adult with disabilities for whom a guardian
has been appointed, the court shall
appoint independent counsel other than a guardian ad litem and, may appoint
a temporary substitute guardian
under the provisions of Article XIa of the Probate Act of 1975. The court shall
appoint a temporary substitute guardian if the guardian is named as a
respondent in a petition under this Act.
(Source: P.A. 86-542.)
(750 ILCS 60/214) (from Ch. 40, par. 2312-14)
Sec. 214. Order of protection; remedies.
(a) Issuance of order. If the court finds that petitioner has been
abused by a family or household member or that petitioner is a high-risk
adult who has been abused, neglected, or exploited, as defined in this Act,
an order of protection prohibiting the abuse, neglect, or exploitation
shall issue; provided that petitioner must also satisfy the requirements of
one of the following Sections, as appropriate: Section 217 on emergency
orders, Section 218 on interim orders, or Section 219 on plenary orders.
Petitioner shall not be denied an order of protection because petitioner or
respondent is a minor. The court, when determining whether or not to issue
an order of protection, shall not require physical manifestations of abuse
on the person of the victim. Modification and extension of prior
orders of protection shall be in accordance with this Act.
(b) Remedies and standards. The remedies to be included in an order of
protection shall be determined in accordance with this Section and one of
the following Sections, as appropriate: Section 217 on emergency orders,
Section 218 on interim orders, and Section 219 on plenary orders. The
remedies listed in this subsection shall be in addition to other civil or
criminal remedies available to petitioner.
(c) Relevant factors; findings.
(d) Balance of hardships; findings. If the court finds that the balance
of hardships does not support the granting of a remedy governed by
paragraph (2), (3), (10), (11), or (16) of subsection (b) of this Section,
which may require such balancing, the court's findings shall so
indicate and shall include a finding as to whether granting the remedy will
result in hardship to respondent that would substantially outweigh the hardship
to petitioner from denial of the remedy. The findings shall be an official
record or in writing.
(e) Denial of remedies. Denial of any remedy shall not be based, in
whole or in part, on evidence that:
(Source: P.A. 102-538, eff. 8-20-21.)
(750 ILCS 60/214.5)
Sec. 214.5. Special immigrant child findings.
(a) For the purpose of making a finding under this Section:
(b) A court of this State that is competent to issue an order of protection has jurisdiction to make the findings necessary to enable a child, who is a subject of or a minor child included in a petition for an order of protection, to petition the United States Citizenship and Immigration Services for classification as a Special Immigrant Juvenile under Section 1101(a)(27)(J) of Title 8 of the United States Code.
(c) If a motion requests findings regarding Special Immigrant Juvenile Status under Section 1101(a)(27)(J) of Title 8 of the United States Code, and the evidence, which may consist solely of, but is not limited to, a declaration by the child, supports the findings, the court shall issue an order, that includes the following findings:
(d) In any proceedings in response to a motion that the court make the findings necessary to support a petition for classification as a Special Immigrant Juvenile, information regarding the immigration status of the child, the child's parent, or the child's guardian that is not otherwise protected by State confidentiality laws shall remain confidential and shall be available for inspection only by the court, the child who is the subject of the proceeding, the parties, the attorneys for the parties, the child's counsel, and the child's parent or guardian.
(Source: P.A. 101-121, eff. 11-25-19 (see P.A. 101-592 for the effective date of changes made by P.A. 101-121).)
(750 ILCS 60/215) (from Ch. 40, par. 2312-15)
Sec. 215.
Mutual orders of protection; correlative separate orders.
Mutual orders of protection
are prohibited. Correlative separate orders
of protection undermine the purposes of this Act and are prohibited
unless both parties
have properly filed written pleadings, proved past abuse by the other
party, given prior written notice to the other party unless excused under
Section 217, satisfied all prerequisites for the type of order and each
remedy granted, and otherwise complied with this Act. In these cases,
the court shall hear
relevant evidence, make findings, and issue separate
orders in accordance with
Sections 214 and 221. The fact that
correlative
separate orders are issued
shall not be a sufficient basis to deny any remedy to petitioner or to prove
that the parties are equally at fault or
equally endangered.
(Source: P.A. 87-1186.)
(750 ILCS 60/216) (from Ch. 40, par. 2312-16)
Sec. 216. Accountability for Actions of Others. For the purposes of
issuing an order of protection,
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.)
(750 ILCS 60/217) (from Ch. 40, par. 2312-17)
(Text of Section from P.A. 102-538)
Sec. 217. Emergency order of protection.
(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:
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.
(Text of Section from P.A. 102-831)
Sec. 217. Emergency order of protection.
(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:
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 and file shall not be public and shall only be accessible to the court, petitioner, law enforcement, domestic violence advocate or counselor, counsel of record for either party, and the State's Attorney for the county 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.
(Source: P.A. 101-255, eff. 1-1-20; 102-831, eff. 5-13-22.)
(750 ILCS 60/218) (from Ch. 40, par. 2312-18)
Sec. 218.
30-Day interim order of protection.
(a) Prerequisites. An interim order of protection shall issue if
petitioner has served notice of the hearing for that order on respondent,
in accordance with Section 211, and satisfies the requirements of this
subsection for one or more of the requested remedies. For each remedy
requested, petitioner shall establish that:
An interim order may not include the counseling, payment of support or
monetary compensation remedies, unless the respondent has filed a general
appearance or has been personally served.
(b) Appearance by respondent. If respondent appears in court for this
hearing for an interim order, he or she may elect to file a general appearance
and testify. Any resulting order may be an interim order, governed by this
Section. Notwithstanding the requirements of this Section, if all
requirements of Section 219 have been met, the Court may issue a plenary
order of protection.
(Source: P.A. 87-1186.)
(750 ILCS 60/219) (from Ch. 40, par. 2312-19)
Sec. 219. Plenary order of protection. A plenary order of protection
shall issue if petitioner has served notice of the hearing for that order on
respondent, in accordance with Section 211, and satisfies the requirements
of this Section for one or more of the requested remedies. For each remedy
requested, petitioner must establish that:
(Source: P.A. 95-331, eff. 8-21-07.)
(750 ILCS 60/219.5)
Sec. 219.5. Hope Cards.
(a) The Supreme Court may implement a program to issue a Hope Card to the petitioner of a plenary order of protection for the petitioner to distribute to any individual who may need to be aware of the order. The Supreme Court may work with other governmental agencies, including the Attorney General, the Secretary of State, and circuit court clerks, to implement the program.
(b) A Hope Card shall:
A Hope Card shall have the same effect as the underlying plenary order of protection.
(c) The program may provide for the issuance of a temporary Hope Card at the time of the entry of the plenary order of protection.
(d) The first 3 Hope Cards per protected party issued to a
petitioner shall be free. The Supreme Court may establish a
fee for any additional Hope Card, not to exceed $5 per Hope Card.
(Source: P.A. 102-481, eff. 1-1-22.)
(750 ILCS 60/220) (from Ch. 40, par. 2312-20)
Sec. 220. Duration and extension of orders.
(a) Duration of emergency and interim orders. Unless re-opened or
extended or voided by entry of an order of greater duration:
(b) Duration of plenary orders.
(c) Computation of time. The duration of an order of protection shall
not be reduced by the duration of any prior order of protection.
(d) Law enforcement records. When a plenary order of protection expires
upon the occurrence of a specified event, rather than upon a specified date
as provided in subsection (b), no expiration date shall be entered in
Illinois State Police records. To remove the plenary order from those
records, either party shall request the clerk of the court to file a
certified copy of an order stating that the specified event has occurred or
that the plenary order has been vacated or modified with the Sheriff, and the
Sheriff shall direct that law enforcement records shall be promptly
corrected in accordance with the filed order.
(e) Extension of orders. Any emergency, interim or plenary order
may be extended one or more times, as required, provided that
the requirements of Section 217, 218 or 219, as appropriate, are satisfied.
If the motion for extension is uncontested and petitioner seeks no
modification of the order,
the order may be extended on the basis of 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. An extension of a plenary order of protection may be granted, upon good cause shown, to remain in effect until the order of protection is vacated or modified.
Extensions may be granted only in open court and not under the provisions
of subsection (c) of Section 217, which applies only when the court is
unavailable at the close of business or on a court holiday.
(f) Termination date. Any order of protection which would expire on a
court holiday shall instead expire at the close of the next court business day.
(g) Statement of purpose. The practice of dismissing or suspending a
criminal prosecution in exchange for the issuance of an order of protection
undermines the purposes of this Act. This Section shall not be construed
as encouraging that practice.
(Source: P.A. 102-538, eff. 8-20-21.)
(750 ILCS 60/221) (from Ch. 40, par. 2312-21)
Sec. 221. Contents of orders.
(a) Any order of protection shall
describe the following:
(b) An order of protection shall further state the following:
(c) Any order of protection shall include the following notice, printed
in conspicuous type: "Any knowing violation of an order of protection
forbidding physical abuse, neglect, exploitation, harassment, intimidation,
interference with personal liberty, willful deprivation, or entering or
remaining present at specified places when the protected person is present,
or granting exclusive possession of the residence or household, or
granting a stay away order is a Class A
misdemeanor. Grant of exclusive possession of the residence or household
shall constitute notice forbidding trespass to land. Any knowing violation
of an order awarding legal custody or physical care of a child or
prohibiting removal or concealment of a child may be a Class 4 felony. Any
willful violation of any order is contempt of court. Any violation may
result in fine or imprisonment."
(d) An emergency order of protection shall state, "This Order of Protection 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). Violating this Order of Protection may subject the respondent to federal charges and punishment (18 U.S.C. 2261-2262)."
(e) An interim or plenary order of protection shall state, "This Order of Protection 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). Violating this Order of Protection may subject the respondent to federal charges and punishment (18 U.S.C. 2261-2262). The respondent may be subject to federal criminal penalties for possessing, transporting, shipping, or receiving any firearm or ammunition under the Gun Control Act (18 U.S.C. 922(g)(8) and (9))."
(Source: P.A. 93-944, eff. 1-1-05.)
(750 ILCS 60/222) (from Ch. 40, par. 2312-22)
Sec. 222. Notice of orders.
(a) Entry and issuance. Upon issuance of any order of protection, the
clerk shall immediately
(i) enter the order on the record and file it
in accordance with the circuit court procedures and (ii) provide a file stamped
copy of the order to respondent, if
present, and to petitioner.
(b) Filing with sheriff. The clerk of the issuing judge shall, or
the petitioner may, on the same day that an order of protection 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 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 order of protection 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) Service by sheriff. Unless 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 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 222.10 may serve the respondent
with a short form notification as provided in Section 222.10.
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. A single fee may be charged for
service of an order
obtained in civil court, or for service of such an order together with
process, unless waived or deferred under Section 210.
(c-5) If the person against whom the order of protection is issued is
arrested and the written order is issued in accordance with subsection (c) of
Section 217
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 order
of protection or receipt of the order issued under Section 217 of this Act.
(d) Extensions, modifications and revocations. Any order extending,
modifying or revoking any order of protection shall be promptly recorded,
issued and served as provided in this Section.
(e) Notice to schools. Upon the request of the petitioner, within 24
hours of the issuance of an order of
protection, the clerk of the issuing judge shall
send a certified copy of
the order of protection to the day-care facility,
pre-school or pre-kindergarten, or private school or the principal
office of the public school district or any college or university in which any child who
is a protected person under the order of protection or any child
of
the
petitioner is enrolled as requested by the petitioner at the mailing address provided by the petitioner.
If the child transfers enrollment to another day-care facility, pre-school,
pre-kindergarten,
private school, public school, college, or university, the petitioner may,
within 24 hours
of the transfer, send to the clerk written notice of the transfer, including
the name and
address of the institution to which the child is transferring.
Within 24 hours of receipt of notice
from the petitioner that a child is transferring to another day-care facility,
pre-school, pre-kindergarten, private school, public school, college, or
university, the clerk shall send a certified copy of the order to the institution to which the child
is
transferring.
(f) Disclosure by schools. After receiving a certified copy of an order
of protection that prohibits a respondent's access to records, neither a
day-care facility, pre-school, pre-kindergarten, public
or private school, college, or university nor its employees shall allow a
respondent access to a
protected child's records or release information in those records to the
respondent. The school shall file
the copy of the order of protection in the records of a child who
is a protected person under the order of protection. When a child who is a
protected person under the order of protection transfers to another day-care
facility, pre-school, pre-kindergarten, public or private school, college, or
university, the institution from which the child is transferring may, at the
request of the petitioner, provide,
within 24 hours of the transfer, written notice of the order of protection,
along with a certified copy of the order, to the institution to which the child
is
transferring.
(g) Notice to health care facilities and health care practitioners. Upon the request of the petitioner, the clerk of the circuit court shall send a certified copy of the order of protection to any specified health care facility or health care practitioner requested by the petitioner at the mailing address provided by the petitioner.
(h) Disclosure by health care facilities and health care practitioners. After receiving a certified copy of an order of protection that prohibits a respondent's access to records, no health care facility or health care practitioner shall allow a respondent access to the records of any child who is a protected person under the order of protection, or release information in those records to the respondent, unless the order has expired or the respondent shows a certified copy of the court order vacating the corresponding order of protection that was sent to the health care facility or practitioner. Nothing in this Section shall be construed to require health care facilities or health care practitioners to alter procedures related to billing and payment. The health care facility or health care practitioner may file the copy of the order of protection in the records of a child who is a protected person under the order of protection, or may employ any other method to identify the records to which a respondent is prohibited access. No health care facility or health care practitioner shall be civilly or professionally liable for reliance on a copy of an order of protection, except for willful and wanton misconduct.
(Source: P.A. 101-508, eff. 1-1-20; 102-538, eff. 8-20-21.)
(750 ILCS 60/222.5)
Sec. 222.5. Filing of an order of protection issued in another state or other jurisdiction.
(a) A person entitled to protection under an order of protection issued by
the court of another state, tribe, or United States territory or military tribunal may file a
certified copy of the order of protection with the clerk of the court in a
judicial circuit in which the person believes that enforcement may be
necessary.
(a-5) The Illinois National Guard shall file a certified copy of any military order of protection with the clerk of the court in a judicial circuit in which the person entitled to protection resides or if the person entitled to protection is not a State resident, in a judicial circuit in which it is believed that enforcement may be necessary.
(b) The clerk shall:
(c) Neither residence in this State nor filing of a foreign order of
protection, including, but not limited to, an order of protection issued by a military tribunal, shall be required for enforcement of the order by this State.
Failure to file the foreign order shall not be an impediment to its treatment
in all respects as an Illinois order of protection.
(d) The clerk shall not charge a fee to file a foreign order of protection
under this Section.
(e) The sheriff shall inform the Illinois State Police as set forth in
Section 302 of this Act.
(Source: P.A. 102-538, eff. 8-20-21; 102-890, eff. 5-19-22.)
(750 ILCS 60/222.10)
Sec. 222.10. Short form notification.
(a) Instead of personal service of an order of protection under Section 222,
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 this Act, stalking no contact orders under the Stalking No Contact Order Act, and civil no contact orders under the Civil No Contact Order Act.
(Source: P.A. 97-50, eff. 6-28-11; 97-1017, eff. 1-1-13; 98-558, eff. 1-1-14.)
(750 ILCS 60/223) (from Ch. 40, par. 2312-23)
Sec. 223. Enforcement of orders of protection.
(a) When violation is crime. A violation of any order of protection,
whether issued in a civil or criminal proceeding or by a military tribunal, shall be enforced
by a
criminal court when:
(b) When violation is contempt of court. A violation of any valid
Illinois order of protection, whether issued in a civil or criminal
proceeding or by a military tribunal, may be enforced through civil or criminal contempt procedures,
as appropriate, by any court with jurisdiction, regardless where the act or
acts which violated the order of protection were committed, to the extent
consistent with the venue provisions of this Act. Nothing in this Act
shall preclude any Illinois court from enforcing any valid order of
protection issued in another state. Illinois courts may enforce orders of
protection through both criminal prosecution and 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) Violation of custody or support orders or temporary or final judgments allocating parental responsibilities. A violation of remedies
described in paragraphs (5), (6), (8), or (9) of subsection (b) of Section
214 of this Act may be enforced by any remedy provided by Section 607.5 of
the Illinois Marriage and Dissolution of Marriage Act. The court may
enforce any order for support issued under paragraph (12) of subsection (b)
of Section 214 in the manner provided for under Parts V and VII of the
Illinois Marriage and Dissolution of Marriage Act.
(d) Actual knowledge. An order of protection 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:
(e) The enforcement of an order of protection in civil or criminal court
shall not be affected by either of the following:
(f) Circumstances. The court, when determining whether or not a
violation of an order of protection has occurred, shall not require
physical manifestations of abuse on the person of the victim.
(g) Penalties.
unless the court explicitly finds that an increased penalty or that period of imprisonment would be manifestly unjust.
(Source: P.A. 101-652, eff. 1-1-23; 102-890, eff. 5-19-22.)
(750 ILCS 60/223.1) (from Ch. 40, par. 2312-23.1)
Sec. 223.1.
Order of protection; status.
Whenever relief is sought
under this Act, the court, before granting relief, shall determine whether
any order of protection has previously been entered in the instant
proceeding or any other proceeding in which any party, or a child of any
party, or both, if relevant, has been designated as either a respondent or
a protected person.
(Source: P.A. 87-743.)
(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:
(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:
(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.)
(750 ILCS 60/225) (from Ch. 40, par. 2312-25)
Sec. 225.
Immunity from prosecution.
Any individual or organization
acting in good faith to report the abuse of any person 60 years of
age or older or to do any of the
following in complying with the provisions of this Act shall not be subject
to criminal prosecution or civil liability as a result of such action:
providing any information to the appropriate law enforcement agency,
providing that the giving of any information does not violate any
privilege of confidentiality under law; assisting in any investigation;
assisting in the preparation of any materials for distribution under this
Act; or by providing services ordered under an order of protection.
Any individual, agency, or organization acting in good faith to report
or investigate alleged abuse, neglect, or exploitation of a high-risk adult
with disabilities, to testify in any proceeding on behalf of a high-risk
adult with disabilities, to take photographs or perform an examination, or
to perform any other act in compliance with the provisions of this Act
shall not be the subject of criminal prosecution, civil liability, or other
penalty, sanction, restriction, or retaliation as a result of such action.
(Source: P.A. 86-542; 87-1186.)
(750 ILCS 60/226) (from Ch. 40, par. 2312-26)
Sec. 226.
Untrue statements.
Allegations and denials, made without
reasonable cause and found to be untrue, shall subject the party pleading
them to the payment of reasonable expenses actually incurred by the other
party by reason of the untrue pleading, together with a reasonable
attorney's fee, to be summarily taxed by the court upon motion made within
30 days of the judgment or dismissal, as provided in Supreme Court Rule
137.
The court may direct that a copy of an order entered under this Section be
provided to the State's Attorney so that he or she may determine whether to
prosecute for perjury. This Section shall not apply to proceedings heard
in Criminal Court or to criminal contempt of court proceedings, whether
heard in Civil or Criminal Court.
(Source: P.A. 87-1186.)
(750 ILCS 60/227) (from Ch. 40, par. 2312-27)
Sec. 227. Privileged communications between domestic violence
counselors and victims.
(a) As used in this Section:
(b) No domestic violence advocate or counselor shall disclose any
confidential communication or be examined as a witness in any civil or criminal
case or proceeding or in any legislative or administrative proceeding
without the written consent of the domestic violence victim except (1) in accordance with the
provisions of the Abused and Neglected Child Reporting Act or (2) in
cases where failure to disclose is likely to result in an imminent risk of
serious bodily harm or death of the victim or another person.
(c) A domestic violence advocate or counselor who
knowingly discloses any confidential communication in violation of this Act
commits a Class A misdemeanor.
(d) When a domestic violence victim is deceased or has been adjudged
incompetent by a court of competent jurisdiction, the guardian of the
domestic violence victim or the executor or administrator of the estate of the
domestic
violence victim
may waive the privilege established by this
Section, except where the guardian, executor or administrator of the estate
has been charged with a violent crime against the domestic violence victim
or has had an Order of Protection entered against him or her at the request
of or on behalf of the domestic violence victim or otherwise has an
interest adverse to that of the domestic violence victim with respect to
the waiver of the privilege.
In that case, the court shall appoint an attorney for the estate of the
domestic violence victim.
(e) A minor may knowingly waive the privilege established by this
Section. Where a minor is, in the opinion of the court, incapable of
knowingly waiving the privilege, the parent or guardian of the minor may
waive the privilege on behalf of the minor, except where such parent or
guardian has been charged with a violent crime against the minor or has had
an Order of Protection entered against him or her on request of or on
behalf of the minor or otherwise has any interest adverse to that of the
minor with respect to the waiver of the privilege.
In that case, the court shall appoint an attorney for the minor child who
shall be compensated in accordance with Section 506 of the Illinois
Marriage and Dissolution of Marriage Act.
(f) Nothing in this Section shall be construed to limit in any way any
privilege that might otherwise exist under statute or common law.
(g) The assertion of any privilege under this Section shall not result in an inference unfavorable to
the State's cause or to the cause of the domestic violence victim.
(Source: P.A. 99-642, eff. 7-28-16.)
(750 ILCS 60/227.1) (from Ch. 40, par. 2312-27.1)
Sec. 227.1.
Other privileged information.
Except as otherwise
provided in this Section, no court or administrative or legislative body
shall compel any person or domestic violence program to disclose the
location of any domestic violence program or the identity of any domestic
violence advocate or counselor in any civil or criminal case or proceeding
or in any administrative or legislative proceeding. A court may compel
disclosure of the location of a domestic violence program or the identity
of a domestic violence advocate or counselor if the court finds, following
a hearing, that there is clear and convincing evidence that failure to
disclose would be likely to result in an imminent risk of serious bodily
harm or death to a domestic violence victim or another person. If the
court makes such a finding, then disclosure shall take place in camera,
under a restrictive protective order that does not frustrate the purposes
of compelling the disclosure, and the information disclosed shall not be
made a part of the written record of the case.
(Source: P.A. 87-1186.)