(725 ILCS 5/Tit. IV heading)
(725 ILCS 5/Art. 111 heading)
(725 ILCS 5/111-1) (from Ch. 38, par. 111-1)
Sec. 111-1. Methods of prosecution.
(a) When authorized by law a prosecution may be commenced by:
(b) Upon commencement of a prosecution for a violation of Section
11-501 of the Illinois Vehicle Code, or a similar provision of a local
ordinance, or Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012
relating to the offense of reckless homicide, the victims of these offenses
shall have all the rights under this Section as they do in Section 4 of the
Rights of Crime Victims and Witnesses Act.
For the purposes of this Section "victim" shall mean an individual
who has suffered personal injury as a result of the commission of a
violation of Section 11-501 of the Illinois Vehicle Code, or a similar
provision of a local ordinance, or Section 9-3 of the Criminal Code of
1961 or the Criminal Code of 2012 relating to the offense of reckless homicide. In regard
to a violation of Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012
relating to the offense of reckless homicide, "victim" shall also include,
but not be limited to, spouse, guardian, parent, or other family member.
(c) Upon arrest after commencement of a prosecution for a sex offense against a person known to be an employee, the State's Attorney shall immediately provide the superintendent of schools or school administrator that employs the employee with a copy of the complaint, information, or indictment.
For the purposes of this subsection: "employee" has the meaning provided in subsection (a) of Section 24-5 of the School Code; and "sex offense" has the meaning provided in Section 2 of the Sex Offender Registration Act.
This subsection shall not be construed to diminish the rights, privileges, or remedies of an employee under a collective bargaining agreement or employment contract.
(Source: P.A. 101-521, eff. 8-23-19; 102-558, eff. 8-20-21.)
(725 ILCS 5/111-2) (from Ch. 38, par. 111-2)
Sec. 111-2. Commencement of prosecutions.
(a) All prosecutions of
felonies shall be by information or by indictment. No prosecution may be
pursued by information unless a preliminary hearing has been held or
waived in accordance with Section 109-3 and at that hearing probable
cause to believe the defendant committed an offense was found, and the
provisions of Section 109-3.1 of this Code have been complied with.
(b) All other prosecutions may be by indictment, information or
complaint.
(c) Upon the filing of an information or indictment in open
court charging the defendant with the commission of a sex offense
defined in any Section of Article 11 of the Criminal Code of 1961 or the Criminal Code of 2012,
and a minor as defined in Section 1-3 of the Juvenile
Court Act of 1987 is alleged to be the victim of the
commission of the acts of the defendant in the commission of
such offense, the court may appoint a guardian ad litem for the
minor as provided in Section 2-17, 3-19, 4-16 or 5-610 of the
Juvenile Court Act of 1987.
(d) Upon the filing of an information or indictment in open court,
the court shall immediately issue a warrant for the arrest of each
person charged with an offense directed to a peace officer or some other
person specifically named commanding him to arrest such person.
(e) When the offense is eligible for pretrial release, the judge shall endorse on the
warrant the conditions of pretrial release required by the order of the court, and if
the court orders the process returnable forthwith, the warrant shall
require that the accused be arrested and brought immediately into court.
(f) Where the prosecution of a felony is by information or complaint
after preliminary hearing, or after a waiver of preliminary hearing in
accordance with paragraph (a) of this Section, such prosecution may be
for all offenses, arising from the same transaction or conduct of a
defendant even though the complaint or complaints filed at the
preliminary hearing charged only one or some of the offenses arising
from that transaction or conduct.
(Source: P.A. 101-652, eff. 1-1-23.)
(725 ILCS 5/111-3) (from Ch. 38, par. 111-3)
Sec. 111-3. Form of charge.
(a) A charge shall be in writing and allege the commission of an
offense by:
(a-5) If the victim is alleged to have been subjected to an offense involving an illegal sexual act including, but not limited to, a sexual offense defined in Article 11 or Section 10-9 of the Criminal Code of 2012, the charge shall state the identity of the victim by name, initials, or description.
(b) An indictment shall be signed by the foreman of the Grand Jury and
an information shall be signed by the State's Attorney and sworn to by him
or another. A complaint shall be sworn to and signed by the complainant; provided, that when a peace officer observes the commission of a misdemeanor
and is the complaining witness, the signing of the complaint by the peace
officer is sufficient to charge the defendant with the commission of the
offense, and the complaint need not be sworn to if the officer signing the
complaint certifies that the statements set forth in the complaint are true and
correct and are subject to the penalties provided by law for false
certification
under Section 1-109 of the Code of Civil Procedure and perjury under Section
32-2 of the Criminal Code of 2012; and further provided, however, that when a citation is issued on a Uniform Traffic
Ticket or Uniform Conservation Ticket (in a form prescribed by the
Conference of Chief Circuit Judges and filed with the Supreme Court), the
copy of such Uniform Ticket which is filed with the circuit court
constitutes a complaint to which the defendant may plead, unless he
specifically requests that a verified complaint be filed.
(c) When the State seeks an enhanced sentence because of a prior
conviction, the charge shall also state the intention to seek an enhanced
sentence and shall state such prior conviction so as to give notice to the
defendant. However, the fact of such prior conviction and the State's
intention to seek an enhanced sentence are not elements of the offense and
may not be disclosed to the jury during trial unless otherwise permitted by
issues properly raised during such trial.
For the purposes of this Section, "enhanced sentence" means a sentence
which is increased by a prior conviction from one classification of offense
to another higher level classification of offense set forth in Section
5-4.5-10
of the Unified Code of Corrections (730 ILCS 5/5-4.5-10); it does not include an increase in the sentence applied within the
same level of classification of offense.
(c-5) Notwithstanding any other provision of law, in all cases in which
the
imposition of the death penalty is not a possibility, if an alleged fact (other
than the fact of a prior conviction) is not an element of an offense but is
sought to be used to increase the range of penalties for the offense beyond the
statutory maximum that could otherwise be imposed for the offense, the alleged
fact must be included in the charging instrument or otherwise provided to the
defendant through a written notification before trial, submitted to a trier
of fact as an aggravating factor, and proved beyond a reasonable doubt.
Failure to prove the fact beyond a reasonable doubt is not a bar to a
conviction
for commission of the offense, but is a bar to increasing, based on that fact,
the range of penalties for the offense beyond the statutory maximum that could
otherwise be imposed for that offense. Nothing in this subsection (c-5)
requires the
imposition of a sentence that increases the range of penalties for the offense
beyond the statutory maximum that could otherwise be imposed for the offense if
the imposition of that sentence is not required by law.
(d) At any time prior to trial, the State on motion shall be permitted
to amend the charge, whether brought by indictment, information or
complaint, to make the charge comply with subsection (c) or (c-5) of this
Section. Nothing in Section 103-5 of this Code precludes such an
amendment or a written notification made in accordance with subsection (c-5) of
this Section.
(e) The provisions of subsection (a) of Section 5-4.5-95 of the Unified Code of Corrections (730 ILCS 5/5-4.5-95)
shall not be affected by this Section.
(Source: P.A. 97-1150, eff. 1-25-13; 98-416, eff. 1-1-14.)
(725 ILCS 5/111-4)
Sec. 111-4. Joinder of offenses and defendants.
(a) Two or more offenses may be charged in the same indictment,
information or complaint in a separate count for each offense if the
offenses charged, whether felonies or misdemeanors or both, are based on
the same act or on 2 or more acts which are part of the same comprehensive
transaction.
(b) Two or more defendants may be charged in the same indictment,
information or complaint if they are alleged to have participated in the
same act or in the same comprehensive transaction out of which the offense
or offenses arose. Such defendants may be charged in one or more counts
together or separately and all of the defendants need not be charged in
each count.
(c) Two or more acts or transactions in violation of any provision or
provisions of Sections 8A-2, 8A-3, 8A-4, 8A-4A and 8A-5 of the Illinois
Public Aid Code, Section 14 of the Illinois Wage Payment and Collection Act, Sections 16-1, 16-1.3, 16-2, 16-3, 16-5, 16-7, 16-8, 16-10, 16-25, 16-30, 16A-3,
16B-2, 16G-15, 16G-20, 16H-15, 16H-20, 16H-25, 16H-30, 16H-45, 16H-50, 16H-55, 17-1, 17-3, 17-6, 17-30, 17-56, 17-60, or 29B-1, or item (ii) of subsection (a) or (b) of Section 17-9, or subdivision (a)(2) of Section 17-10.5, or subsection (a), (b), (c), (d), (g), (h), or (i) of Section 17-10.6, or subsection (a) of Section 17-32 of the Criminal Code of
1961 or the Criminal Code of 2012 and Section 118 of Division I of the Criminal Jurisprudence Act, may
be charged as a single offense in a single count of the same indictment,
information or complaint, if such acts or transactions by one or more
defendants are in furtherance of a single intention and design or if the
property, labor or services obtained are of the same person or are of
several persons having a common interest in such property, labor or
services. In such a charge, the period between the dates of the first and
the final such acts or transactions may be alleged as the date of the
offense and, if any such act or transaction by any defendant was committed
in the county where the prosecution was commenced, such county may be
alleged as the county of the offense.
(Source: P.A. 99-629, eff. 1-1-17.)
(725 ILCS 5/111-5) (from Ch. 38, par. 111-5)
Sec. 111-5.
Formal defects in a charge.
An indictment, information or complaint which charges the commission of
an offense in accordance with Section 111-3 of this Code shall not be
dismissed and may be amended on motion by the State's Attorney or defendant
at any time because of formal defects, including:
(Source: Laws 1963, p. 2836.)
(725 ILCS 5/111-6) (from Ch. 38, par. 111-6)
Sec. 111-6.
Bill
of particulars.
When an indictment, information or complaint charges an offense in
accordance with the provisions of Section 111-3 of this Code but fails to
specify the particulars of the offense sufficiently to enable the defendant
to prepare his defense the court may, on written motion of the defendant,
require the State's Attorney to furnish the defendant with a Bill of
Particulars containing such particulars as may be necessary for the
preparation of the defense. At the trial of the cause the State's evidence
shall be confined to the particulars of the bill.
(Source: Laws 1963, p. 2836.)
(725 ILCS 5/111-7) (from Ch. 38, par. 111-7)
Sec. 111-7.
Loss
of charge.
When an indictment, information or complaint which has been returned or
presented to a court as authorized by law has become illegible or cannot be
produced at the arraignment or trial the defendant may be arraigned and
tried on a copy thereof certified by the clerk of the court.
(Source: Laws 1963, p. 2836.)
(725 ILCS 5/111-8) (from Ch. 38, par. 111-8)
Sec. 111-8. Orders of protection to prohibit domestic violence.
(a) Whenever
a violation of Section 9-1, 9-2, 9-3, 10-3, 10-3.1, 10-4, 10-5, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14.3 that involves soliciting for a prostitute, 11-14.4 that involves soliciting for a juvenile prostitute, 11-15, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, 11-20a, 12-1,
12-2,
12-3, 12-3.05, 12-3.2, 12-3.3, 12-3.5, 12-4, 12-4.1, 12-4.3,
12-4.6, 12-5, 12-6, 12-6.3, 12-7.3, 12-7.4, 12-7.5, 12-11, 12-13, 12-14, 12-14.1, 12-15, 12-16, 19-4, 19-6, 21-1, 21-2, 21-3, or 26.5-2
of the Criminal Code of 1961 or the Criminal Code of 2012 or Section 1-1 of the Harassing and Obscene Communications Act is alleged in an information, complaint or indictment
on file, and the alleged offender and victim are family or household members,
as defined in the Illinois Domestic Violence Act of 1986, as now or hereafter amended,
the People through the respective State's Attorneys may by separate petition
and upon notice to the defendant, except as provided in subsection (c) herein,
request the court to issue an order of protection.
(b) In addition to any other remedies specified in Section 208 of the
Illinois Domestic Violence Act of 1986, as now or hereafter amended, the order may
direct the defendant
to initiate no contact with the alleged victim or victims who are family
or household members and to refrain from entering the residence, school
or place of business of the alleged victim or victims.
(c) The court may grant emergency relief without notice upon a showing
of immediate and present danger of abuse to the victim or minor children of the
victim and may enter a temporary order pending notice and full hearing on the
matter.
(Source: P.A. 99-642, eff. 7-28-16.)
(725 ILCS 5/111-9)
Sec. 111-9. Notification to forensic laboratories. Unless the Supreme Court shall by Rule provide otherwise, upon disposition, withdrawal, or dismissal of any charge, the State's Attorney shall promptly notify the forensic laboratory or laboratories in possession of evidence, reports, or other materials or information related to that charge. Notification may be given by any reasonable means under the circumstances, including, but not limited to, the Illinois State Police Laboratory Information Management System, email, or telephone.
(Source: P.A. 102-523, eff. 8-20-21.)
(725 ILCS 5/Art. 112 heading)
(725 ILCS 5/112-1) (from Ch. 38, par. 112-1)
Sec. 112-1.
Selection and qualification.
The grand jurors shall be summoned, drawn, qualified and certified
according to law.
(Source: Laws 1963, p. 2836.)
(725 ILCS 5/112-2) (from Ch. 38, par. 112-2)
Sec. 112-2. Impaneling the Grand Jury.
(a) The Grand Jury shall consist
of 16 persons, 12 of whom shall be necessary to constitute a quorum.
(b) The Grand Jury shall be impaneled, sworn and instructed as to its
duties by the court. The court shall select and swear one of the grand
jurors to serve as foreman.
(c) Before the Grand Jury shall enter upon the discharge of their duties
the following oath shall be administered to the jurors:
"Do each of you swear (or affirm) that you will diligently inquire into all matters presented to you; that you will return no indictment through malice or ill will, or fail to return one due to fear or reward; and that in all your decisions you will present the truth, the whole truth, and nothing but the truth, according to the best of your skill and understanding."
(Source: P.A. 102-495, eff. 8-20-21.)
(725 ILCS 5/112-3) (from Ch. 38, par. 112-3)
Sec. 112-3.
Duration of Grand Jury.
(a) In counties with a population in excess of 1,000,000 a Grand Jury
shall be convened, impaneled and sworn, and shall commence the performance
of its duties for an indeterminate period, on the first Monday of each
month. In such counties a Grand Jury shall serve until discharged by the
court, except that no Grand Jury shall serve in excess of 18 months and not
more than 6 Grand Juries shall sit at the same time.
In counties with a population in excess of 225,000 but less than 1,000,000
a Grand Jury may be convened, empaneled, and sworn and may sit at such times
and for such periods as the circuit court may order on its own motion or that
of the State's Attorney. No Grand Jury shall serve in excess of 18
months and not more than 2 Grand Juries shall sit at the same time.
(b) In all other counties the Grand Jury shall be called and sit at such
times and for such periods as the circuit court may order on its own motion
or that of the State's Attorney; provided, that no Grand Jury shall sit for
a period in excess of 18 months and, provided further, that no more than
one Grand Jury shall sit at the same time.
(c) At any time for cause shown the court may excuse a grand juror
either temporarily or permanently and, if permanently, may impanel another
person in place of the grand juror excused.
(Source: P.A. 88-31.)
(725 ILCS 5/112-4) (from Ch. 38, par. 112-4)
Sec. 112-4.
Duties of Grand Jury and State's Attorney.) (a) The Grand
Jury shall hear all evidence presented by the State's Attorney.
(b) The Grand Jury has the right to subpoena and question any person
against whom the State's Attorney is seeking a Bill of Indictment, or any
other person, and to obtain and examine any documents or transcripts
relevant to the matter being prosecuted by the State's Attorney.
Prior to the commencement of its duties and, again, before the
consideration of each matter or charge before the Grand Jury, the
State's Attorney shall inform the Grand Jury of these rights.
In cases where the initial charge has been commenced by information or
complaint and a finding of no probable cause has resulted as to any offense
charged therein, the Grand Jury shall be informed of the finding entered
at the preliminary hearing and further advised that such finding shall not
bar the State from initiating new charges by indictment, information or
complaint if the State's Attorney has reasonable grounds to believe that
the evidence available at that time is sufficient to establish probable
cause. In such cases, the Grand Jury shall be further advised that it has
the right to subpoena and question any witness who testified at the preliminary
hearing, or who is believed to have knowledge of such offense, and of its
right to obtain and examine the testimony heard at the preliminary hearing,
either through the production of a transcript of the proceedings, or through
the verbatim testimony of the court reporter who attended the preliminary
hearing. The State's Attorney shall file an affidavit as part of the Grand
Jury record indicating whether the jurors were advised of such previous
findings of no probable cause and of their rights based upon such previous finding.
Any person subpoenaed who is already charged with an offense or
against whom the State's Attorney is seeking a Bill of Indictment shall
have the right to be accompanied by counsel who shall advise him of his
rights during the proceedings but may not participate in any other way.
Before any testimony is given by such a person, he shall be informed
that he has the right to refuse to answer any question that will tend to
incriminate him, that anything he says may be used against him in a
court of law, that he has the right to be accompanied and advised of his
rights by counsel, and that he will have counsel appointed for him if he
cannot afford one.
(c) The foreman shall preside over all hearings and swear all
witnesses. Except where otherwise provided by this Article, the foreman
may delegate duties to other grand jurors and determine rules of
procedure.
(d) If 9 grand jurors concur that the evidence before them
constitutes probable cause that a person has committed an offense the
State's Attorney shall prepare a Bill of Indictment charging that person
with such offense. The foreman shall sign each Bill of Indictment which
shall be returned in open court.
(e) When the evidence presented to the Grand Jury does not warrant
the return of a Bill of Indictment, the State's Attorney may prepare a
written memorandum to such effect, entitled, "No Bill".
(Source: P.A. 85-690.)
(725 ILCS 5/112-4.1) (from Ch. 38, par. 112-4.1)
Sec. 112-4.1.
Any person appearing before the grand jury shall have the
right to be accompanied by counsel who shall advise him of his rights but
shall not participate in any other way.
(Source: P.A. 81-1112.)
(725 ILCS 5/112-5) (from Ch. 38, par. 112-5)
Sec. 112-5.
Duties of others.
(a) The clerk of the court shall keep such
records of Bills of Indictments and No Bills as may be prescribed by Rule
of the Supreme Court.
(b) The court may appoint an investigator or investigators
on petition showing good cause for same and signed by the
foreman and 8 other grand jurors. The duties and tenure of
appointment of such investigator or investigators shall be
determined by the court.
(Source: P.A. 85-690.)
(725 ILCS 5/112-6) (from Ch. 38, par. 112-6)
Sec. 112-6.
Secrecy of proceedings.) (a) Only the State's Attorney, his
reporter and any other person authorized by the court or by law
may attend the sessions of the Grand Jury. Only the
grand jurors shall be present during the deliberations and vote of the
Grand Jury. If no reporter is assigned by the State's Attorney to attend
the sessions of the Grand Jury, the court shall appoint such reporter.
(b) Matters other than the deliberations and vote of any grand juror
shall not be disclosed by the State's Attorney, except as otherwise
provided for in subsection (c). The court may direct that a Bill of
Indictment be kept secret until the defendant is in custody or has given
bail and in either event the clerk shall seal the Bill of Indictment and no
person shall disclose the finding of the Bill of Indictment except when
necessary for the issuance and execution of a warrant.
(c) (1) Disclosure otherwise prohibited by this Section of matters
occurring before the Grand Jury, other than its deliberations and the vote
of any grand juror, may be made to:
a. a State's Attorney for use in the performance of such State's
Attorney's duty; and
b. such government personnel as are deemed necessary by the State's
Attorney in the performance of such State's Attorney's duty to enforce
State criminal law.
(2) Any person to whom matters are disclosed under paragraph (1) of this
subsection (c) shall not use the Grand Jury material for any purpose other
than assisting the State's Attorney in the performance of such State's
Attorney's duty to enforce State criminal law. The State's Attorney shall
promptly provide the court, before which was impaneled the Grand Jury whose
material has been disclosed, with the names of the persons to whom such
disclosure has been made.
(3) Disclosure otherwise prohibited by this Section of matters occurring
before the Grand Jury may also be made when the court, preliminary to or in
connection with a judicial proceeding, directs such in the interests of
justice or when a law so directs.
(d) Any grand juror or officer of the court who discloses, other than to
his attorney, matters occurring before the Grand Jury other than in
accordance with the provisions of this subsection or Section 112-7 shall be
punished as a contempt of court, subject to proceedings in accordance to law.
(Source: P.A. 85-690.)
(725 ILCS 5/112-7) (from Ch. 38, par. 112-7)
Sec. 112-7.
A transcript shall be made of all questions asked of and
answers given by witnesses before the grand jury.
(Source: P.A. 79-669.)
(725 ILCS 5/112-8)
Sec. 112-8.
Destroyed instrument.
When an instrument
that is the subject of an indictment
has been destroyed or withheld by the act or procurement of the defendant, and
the fact of the destruction or withholding is alleged in the
indictment and
established on trial, the accused shall not be acquitted on account of any
misdescription of the instrument so withheld or destroyed.
(Source: P.A. 89-234, eff. 1-1-96.)
(725 ILCS 5/Art. 112A heading)
(725 ILCS 5/112A-1) (from Ch. 38, par. 112A-1)
Sec. 112A-1.
(Repealed).
(Source: P.A. 84-1305. Repealed by P.A. 100-199, eff. 1-1-18.)
(725 ILCS 5/112A-1.5)
Sec. 112A-1.5. Purpose and construction. The purpose of this Article is to protect the safety of victims of domestic violence, sexual assault, sexual abuse, and stalking and the safety of their family and household members; and to minimize the trauma and inconvenience associated with attending separate and multiple civil court proceedings to obtain protective orders. This Article shall be interpreted in accordance with the constitutional rights of crime victims set forth in Article I, Section 8.1 of the Illinois Constitution, the purposes set forth in Section 2 of the Rights of Crime Victims and Witnesses Act, and the use of protective orders to implement the victim's right to be reasonably protected from the defendant as provided in Section 4.5 of the Rights of Victims and Witnesses Act.
(Source: P.A. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18.)
(725 ILCS 5/112A-2) (from Ch. 38, par. 112A-2)
Sec. 112A-2. (Repealed).
(Source: P.A. 98-558, eff. 1-1-14. Repealed by P.A. 100-199, eff. 1-1-18.)
(725 ILCS 5/112A-2.5)
Sec. 112A-2.5. Types of protective orders. The following protective orders may be entered in conjunction with a delinquency petition or a criminal prosecution:
(Source: P.A. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18.)
(725 ILCS 5/112A-3) (from Ch. 38, par. 112A-3)
Sec. 112A-3. Definitions.
(a) In this Article:
"Advocate" means a person whose communications with the victim are privileged under Section 8-802.1 or 8-802.2 of the Code of Civil Procedure or Section 227 of the Illinois Domestic Violence Act of 1986.
"Named victim" means the person named as the victim in the delinquency petition or criminal prosecution.
"Protective order" means a domestic violence order of protection, a civil no contact order, or a stalking no contact order.
(b) For the purposes of domestic violence cases, the following terms shall have the following meanings in this Article:
(c) For the purposes of cases involving sexual offenses, the following terms shall have the following meanings in this Article:
(d) For the purposes of cases involving stalking offenses, the following terms shall have the following meanings in this Article:
(725 ILCS 5/112A-4) (from Ch. 38, par. 112A-4)
Sec. 112A-4. Persons protected by this Article.
(a) The following persons are protected by
this Article in cases involving domestic violence:
(a-5) The following persons are protected by this Article in cases involving sexual offenses:
(a-10) The following persons are protected by this Article in cases involving stalking offenses:
(b) (Blank).
(Source: P.A. 100-199, eff. 1-1-18; 100-639, eff. 1-1-19.)
(725 ILCS 5/112A-4.5)
Sec. 112A-4.5. Who may file petition.
(a) A petition for a domestic violence order of protection may be filed:
For purposes of this paragraph (a)(4), individuals who would have been considered "family or household members" of the child under paragraph (3) of subsection (b) of Section 112A-3 before a termination of the parental rights with respect to the child continue to meet the definition of "family or household members" of the child.
(b) A petition for a civil no contact order may be filed:
(c) A petition for a stalking no contact order may be filed:
(d) The State's Attorney shall file a petition on behalf of any person who may file a petition under subsections (a), (b), or (c) of this Section if the person requests the State's Attorney to file a petition on the person's behalf, unless the State's Attorney has a good faith basis to delay filing the petition. The State's Attorney shall inform the person that the State's Attorney will not be filing the petition at that time and that the person may file a petition or may retain an attorney to file the petition. The State's Attorney may file the petition at a later date.
(d-5) (1) A person eligible to file a petition under subsection (a), (b), or (c) of this Section may retain an attorney to represent the petitioner on the petitioner's request for a protective order. The attorney's representation is limited to matters related to the petition and relief authorized under this Article.
(2) Advocates shall be allowed to accompany the petitioner and confer with the victim, unless otherwise directed by the court. Advocates are not engaged in the unauthorized practice of law when providing assistance to the petitioner.
(e) Any petition properly
filed under this Article may seek
protection for any additional persons protected by this Article.
(Source: P.A. 101-81, eff. 7-12-19; 102-890, eff. 5-19-22.)
(725 ILCS 5/112A-5) (from Ch. 38, par. 112A-5)
Sec. 112A-5. Pleading; non-disclosure of address.
(a) A petition for a protective order shall be filed in conjunction with a delinquency petition or criminal prosecution, or in conjunction with imprisonment or a bond forfeiture warrant, provided the petition names a victim of the alleged crime. The petition may include a request for an ex parte protective order, a final protective order, or both. The petition shall be in writing and verified or accompanied by
affidavit
and shall allege that:
The petition shall further set forth whether there is any other action between the petitioner and respondent. During the pendency of this proceeding, the petitioner and respondent have a continuing duty to inform the court of any subsequent proceeding for a protective order in this State or any other state.
(a-5) The petition shall indicate whether an ex parte protective order, a protective order, or both are requested. If the respondent receives notice of a petition for a final protective order and the respondent requests a continuance to respond to the petition, the petitioner may, either orally or in writing, request an ex parte order.
(b) The petitioner shall not be required to disclose the petitioner's address. If the petition states that disclosure of petitioner's
address would risk abuse to or endanger the safety 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.
(Source: P.A. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18.)
(725 ILCS 5/112A-5.5)
Sec. 112A-5.5. Time for filing petition; service on respondent, hearing on petition, and default orders.
(a) A petition for a protective order may be filed at any time, in-person or online, after a criminal charge or delinquency petition is filed and before the charge or delinquency petition is dismissed, the defendant or juvenile is acquitted, or the defendant or juvenile completes service of his or her sentence.
(b) The request for an ex parte protective order may be considered without notice to the respondent under Section 112A-17.5 of this Code.
(c) A summons shall be issued and served for a protective order. The summons may be served by delivery to the respondent personally in open court in the criminal or juvenile delinquency proceeding, in the form prescribed by subsection (d) of Supreme Court Rule 101, except that it shall require respondent to answer or appear within 7 days. Attachments to the summons shall include the petition for protective order, supporting affidavits, if any, and any ex parte protective order that has been issued.
(d) The summons shall be served by the sheriff or other law enforcement officer at the earliest time available and shall take precedence over any other summons, except those of a similar emergency nature. Attachments to the summons shall include the petition for protective order, supporting affidavits, if any, and any ex parte protective order that has been issued. 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 a county with a population over 3,000,000, a special process server may not be appointed if the protective order grants the surrender of a child, the surrender of a firearm or Firearm Owner's Identification Card, or the exclusive possession of a shared residence.
(e) If the respondent is not served within 30 days of the filing of the petition, the court shall schedule a court proceeding on the issue of service. Either the petitioner, the petitioner's counsel, or the State's Attorney shall appear and the court shall either order continued attempts at personal service or shall order service by publication, in accordance with Sections 2-203, 2-206, and 2-207 of the Code of Civil Procedure.
(f) The request for a final protective order can be considered at any court proceeding in the delinquency or criminal case after service of the petition. If the petitioner has not been provided notice of the court proceeding at least 10 days in advance of the proceeding, the court shall schedule a hearing on the petition and provide notice to the petitioner.
(f-5) A court in a county with a population above 250,000 shall offer the option of a remote hearing to a petitioner for a protective 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.
(g) Default orders.
(725 ILCS 5/112A-6) (from Ch. 38, par. 112A-6)
Sec. 112A-6.
(Repealed).
(Source: P.A. 90-235, eff. 1-1-98. Repealed by P.A. 100-199, eff. 1-1-18.)
(725 ILCS 5/112A-6.1)
Sec. 112A-6.1. Application of rules of civil procedure; criminal law.
(a) Any proceeding to obtain, modify, re-open, or appeal a protective order and service of pleadings and notices shall be governed by the rules of civil procedure of this State. The Code of Civil Procedure and Supreme Court and local court rules applicable to civil proceedings shall apply, except as otherwise provided by law. Civil law on venue, discovery, and penalties for untrue statements shall not apply to protective order proceedings heard under this Article.
(b) Criminal law on discovery, venue, and penalties for untrue statements apply to protective order proceedings under this Article.
(c) Court proceedings related to the entry of a protective order and the determination of remedies shall not be used to obtain discovery that would not otherwise be available in a criminal prosecution or juvenile delinquency case.
(Source: P.A. 100-597, eff. 6-29-18.)
(725 ILCS 5/112A-7) (from Ch. 38, par. 112A-7)
Sec. 112A-7.
(Repealed).
(Source: P.A. 88-45. Repealed by P.A. 100-199, eff. 1-1-18.)
(725 ILCS 5/112A-8) (from Ch. 38, par. 112A-8)
Sec. 112A-8. Subject matter jurisdiction. Each of the circuit courts
shall have the power to issue protective orders.
(Source: P.A. 100-597, eff. 6-29-18.)
(725 ILCS 5/112A-9) (from Ch. 38, par. 112A-9)
Sec. 112A-9.
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.)
(725 ILCS 5/112A-10) (from Ch. 38, par. 112A-10)
Sec. 112A-10. (Repealed).
(Source: P.A. 99-240, eff. 1-1-16. Repealed by P.A. 100-199, eff. 1-1-18.)
(725 ILCS 5/112A-11) (from Ch. 38, par. 112A-11)
Sec. 112A-11.
(Repealed).
(Source: P.A. 84-1305. Repealed by P.A. 100-199, eff. 1-1-18.)
(725 ILCS 5/112A-11.1)
Sec. 112A-11.1. Procedure for determining whether certain misdemeanor crimes
are crimes of domestic violence for purposes of federal
law.
(a) When a defendant has been charged with a violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or 12-3.5 of the Criminal Code of 1961 or the Criminal Code of 2012, the State may, at arraignment or no later than 45 days after arraignment, for the purpose of notification to the Illinois State Police Firearm Owner's Identification Card Office, serve on the defendant and file with the court a notice alleging that conviction of the offense would subject the defendant to the prohibitions of 18 U.S.C. 922(g)(9) because of the relationship between the defendant and the alleged victim and the nature of the alleged offense.
(b) The notice shall include the name of the person alleged to be the victim of the crime and shall specify the nature of the alleged relationship as set forth in 18 U.S.C. 921(a)(33)(A)(ii). It shall also specify the element of the charged offense which requires the use or attempted use of physical force, or the threatened use of a deadly weapon, as set forth 18 U.S.C. 921(a)(33)(A)(ii). It shall also include notice that the defendant is entitled to a hearing on the allegation contained in the notice and that if the allegation is sustained, that determination and conviction shall be reported to the Illinois State Police Firearm Owner's Identification Card Office.
(c) After having been notified as provided in subsection (b) of this Section, the defendant may stipulate or admit, orally on the record or in writing, that conviction of the offense would subject the defendant to the prohibitions of 18 U.S.C. 922(g)(9). In that case, the applicability of 18 U.S.C. 922(g)(9) shall be deemed established for purposes of Section 112A-11.2. If the defendant denies the applicability of 18 U.S.C. 922(g)(9) as alleged in the notice served by the State, or stands mute with respect to that allegation, then the State shall bear the burden to prove beyond a reasonable doubt that the offense is one to which the prohibitions of 18 U.S.C. 922(g)(9) apply. The court may consider reliable hearsay evidence submitted by either party provided that it is relevant to the determination of the allegation. Facts previously proven at trial or elicited at the time of entry of a plea of guilty shall be deemed established beyond a reasonable doubt and shall not be relitigated. At the conclusion of the hearing, or upon a stipulation or admission, as applicable, the court shall make a specific written determination with respect to the allegation.
(Source: P.A. 102-538, eff. 8-20-21.)
(725 ILCS 5/112A-11.2)
Sec. 112A-11.2. Notification to the Illinois State Police Firearm Owner's Identification Card Office of
determinations in certain misdemeanor cases. Upon judgment of conviction of a violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or 12-3.5 of the Criminal Code of 1961 or the Criminal Code of 2012 when the defendant has been determined, under Section 112A-11.1, to be subject to the prohibitions of 18 U.S.C. 922(g)(9), the circuit court clerk shall include notification and a copy of the written determination in a report of the conviction to the Illinois State Police Firearm Owner's Identification Card Office to enable the office to report that determination to the Federal Bureau of Investigation and assist the Bureau in identifying persons prohibited from purchasing and possessing a firearm pursuant to the provisions of 18 U.S.C. 922.
(Source: P.A. 102-538, eff. 8-20-21.)
(725 ILCS 5/112A-11.5)
Sec. 112A-11.5. Issuance of protective order.
(a) Except as provided in subsection (a-5) of this Section, the court shall grant the petition and enter a protective order if the court finds prima facie evidence that a crime involving domestic violence, a sexual offense, or a crime involving stalking has been committed. The following shall be considered prima facie evidence of the crime:
(a-5) The respondent may rebut prima facie evidence of the crime under paragraph (1) of subsection (a) of this Section by presenting evidence of a meritorious defense. The respondent shall file a written notice alleging a meritorious defense which shall be verified and supported by affidavit. The verified notice and affidavit shall set forth the evidence that will be presented at a hearing. If the court finds that the evidence presented at the hearing establishes a meritorious defense by a preponderance of the evidence, the court may decide not to issue a protective order.
(b) The petitioner shall not be denied a protective order because the petitioner or the respondent is a minor.
(c) The court, when determining whether or not to issue a protective order, may not require physical injury on the person of the victim.
(d) If the court issues a final protective order under this Section, the court shall afford the petitioner and respondent an opportunity to be heard on the remedies requested in the petition.
(Source: P.A. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18.)
(725 ILCS 5/112A-12) (from Ch. 38, par. 112A-12)
Sec. 112A-12. Transfer of issues not decided in cases involving domestic violence.
(a) (Blank).
(a-5) A petition for a domestic violence order of protection shall be treated as an expedited proceeding, and no court shall transfer or otherwise decline to decide all or part of the petition, except as otherwise provided in this Section. Nothing in this Section shall prevent the court from reserving issues when jurisdiction or notice requirements are not met.
(b) A criminal court may decline to decide contested
issues of physical care and possession of a minor child, temporary allocation of parental responsibilities or significant decision-making responsibility, parenting time,
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.
(c) The court shall transfer to the appropriate court or division any issue
it has
declined to decide. Any court may transfer any matter which must be
tried by jury to a more appropriate calendar or division.
(d) 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.
(Source: P.A. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18.)
(725 ILCS 5/112A-13) (from Ch. 38, par. 112A-13)
Sec. 112A-13.
(Repealed).
(Source: P.A. 91-357, eff. 7-29-99. Repealed by P.A. 100-199, eff. 1-1-18.)
(725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14)
Sec. 112A-14. Domestic violence order of protection; remedies.
(a) (Blank).
(b) The court may order any of the remedies listed in this subsection (b).
The remedies listed in this subsection (b) 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. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
(725 ILCS 5/112A-14.5)
Sec. 112A-14.5. Civil no contact order; remedies.
(a) The court may order any of the remedies listed in this Section. The remedies listed in this Section shall be in addition to other civil or criminal remedies available to petitioner:
(b) 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. If 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.
(c) 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. If 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.
(d) Denial of a remedy may not be based, in whole or in part, on evidence that:
(e) Monetary damages are not recoverable as a remedy.
(Source: P.A. 100-199, eff. 1-1-18.)
(725 ILCS 5/112A-14.7)
Sec. 112A-14.7. Stalking no contact order; remedies.
(a) The court may order any of the remedies listed in this Section. The remedies listed in this Section shall be in addition to other civil or criminal remedies available to petitioner.
A stalking no contact order shall order one or more of the following:
(b) When the petitioner and the respondent attend the same public, private, or non-public elementary, middle, or high school, the court when issuing a stalking 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. If 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.
(c) 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. If the court orders a transfer of the respondent to another school, the parents, guardian, or legal custodian of the respondent are responsible for transportation and other costs associated with the change of school by the respondent.
(d) 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.
(e) 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 Article for conduct of the minor respondent in violation of this Article if the parents, guardian, or legal custodian directed, encouraged, or assisted the respondent minor in the conduct.
(f) Monetary damages are not recoverable as a remedy.
(g) If the stalking no contact order prohibits the respondent from possessing a Firearm Owner's Identification Card, or possessing or buying firearms; the court shall confiscate the respondent's Firearm Owner's Identification Card and immediately return the card to the Illinois State Police Firearm Owner's Identification Card Office.
(Source: P.A. 102-538, eff. 8-20-21.)
(725 ILCS 5/112A-15) (from Ch. 38, par. 112A-15)
Sec. 112A-15. Mutual orders of protection; correlative separate
orders. Mutual orders of protection are prohibited. Correlative separate orders
of protection undermine the purposes of this Article and are prohibited. Nothing in this Section prohibits
a victim from seeking a civil order of protection.
(Source: P.A. 100-199, eff. 1-1-18.)
(725 ILCS 5/112A-16) (from Ch. 38, par. 112A-16)
Sec. 112A-16. Accountability for actions of others. For the purposes of
issuing a domestic violence 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. 100-597, eff. 6-29-18.)
(725 ILCS 5/112A-17) (from Ch. 38, par. 112A-17)
Sec. 112A-17. (Repealed).
(Source: P.A. 97-333, eff. 8-12-11. Repealed by P.A. 100-199, eff. 1-1-18.)
(725 ILCS 5/112A-17.5)
Sec. 112A-17.5. Ex parte protective orders.
(a) The petitioner may request expedited consideration of the petition for an ex parte protective order. The court shall consider the request on an expedited basis without requiring the respondent's presence or requiring notice to the respondent.
(b) Issuance of ex parte protective orders in cases involving domestic violence. An ex parte domestic violence order of protection shall be issued if petitioner satisfies the requirements of this subsection (b) for one or more of the requested remedies. For each remedy requested, petitioner shall establish that:
An ex parte domestic violence order of protection may not include the counseling, custody, or payment of support or monetary compensation remedies provided by paragraphs (4), (12), (13), and (16) of subsection (b) of Section 112A-14 of this Code.
(c) Issuance of ex parte civil no contact order in cases involving sexual offenses. An ex parte civil no contact order shall be issued if the petitioner establishes that:
The court may order any of the remedies under Section 112A-14.5 of this Code.
(d) Issuance of ex parte stalking no contact order in cases involving stalking offenses. An ex parte stalking no contact order shall be issued if the petitioner establishes that:
The court may order any of the remedies under Section 112A-14.7 of this Code.
(e) Issuance of ex parte protective orders on court holidays and evenings.
When the court is unavailable at the close of business, the petitioner may file a petition for an ex parte protective order before any available circuit judge or associate judge who may grant relief under this Article. If the judge finds that petitioner has satisfied the prerequisites in subsection (b), (c), or (d) of this Section, the judge shall issue an ex parte protective 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 ex parte protective order at all times, whether or not the court is in session.
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 Illinois State Police under Section 112A-28 of this Code. Any order issued under this Section and any documentation in support of it 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 under subsection (f) of this Section. Failure to comply with the requirements of this subsection (e) shall not affect the validity of the order.
(f) Service of ex parte protective order on respondent.
(g) Upon 7 days' notice to the petitioner, or a shorter notice period as the court may prescribe, a respondent subject to an ex parte protective order may appear and petition the court to re-hear the petition. Any petition to re-hear shall be verified and shall allege the following:
The verified petition and affidavit shall set forth the evidence of the meritorious defense that will be presented at a hearing. If the court finds that the evidence presented at the hearing on the petition establishes a meritorious defense by a preponderance of the evidence, the court may decide to vacate the protective order or modify the remedies.
(h) If the ex parte protective order granted petitioner exclusive possession of the residence 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 petitioner and the respondent. Other issues raised by the pleadings may be consolidated for the hearing if the petitioner, the respondent, and the court do not object.
(i) Duration of ex parte protective order. An ex parte order shall remain in effect until the court considers the request for a final protective order after notice has been served on the respondent or a default final protective order is entered, whichever occurs first. If a court date is scheduled for the issuance of a default protective order and the petitioner fails to personally appear or appear through counsel or the prosecuting attorney, the petition shall be dismissed and the ex parte order terminated.
(Source: P.A. 102-538, eff. 8-20-21.)
(725 ILCS 5/112A-18) (from Ch. 38, par. 112A-18)
Sec. 112A-18.
(Repealed).
(Source: P.A. 87-1186. Repealed by P.A. 100-199, eff. 1-1-18.)
(725 ILCS 5/112A-19) (from Ch. 38, par. 112A-19)
Sec. 112A-19.
(Repealed).
(Source: P.A. 84-1305. Repealed by P.A. 100-199, eff. 1-1-18.)
(725 ILCS 5/112A-20) (from Ch. 38, par. 112A-20)
Sec. 112A-20. Duration and extension of final protective orders.
(a) (Blank).
(b) A final protective order shall remain in effect as follows:
(c) Computation of time. The duration of a domestic violence order of protection shall
not be reduced by the duration of any prior domestic violence order of protection.
(d) Law enforcement records. When a protective order 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 protective order from
those records, either the petitioner or the respondent 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 protective 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 domestic violence order of
protection or civil no contact order that expires 2 years after the expiration of the defendant's sentence under paragraph (2), (3), or (4) of subsection (b) of Section 112A-20 of this Article may be extended one or more times, as required. The petitioner, petitioner's counsel, or the State's Attorney on the petitioner's behalf shall file the motion for an extension of the final protective order in the criminal case and serve the motion in accordance with Supreme Court Rules 11 and 12. The court shall transfer the motion to the appropriate court or division for consideration under subsection (e) of Section 220 of the Illinois Domestic Violence Act of 1986, subsection (c) of Section 216 of the Civil No Contact Order Act, or subsection (c) of Section 105 of the Stalking No Contact Order as appropriate.
(f) Termination date. Any final protective order 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 issuing a protective order
undermines the purposes of this Article. This Section shall not be
construed as encouraging that practice.
(Source: P.A. 102-184, eff. 1-1-22; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
(725 ILCS 5/112A-21) (from Ch. 38, par. 112A-21)
Sec. 112A-21. Contents of orders.
(a) Any domestic violence order of protection shall
describe, in reasonable detail and not by reference to any other
document, the following:
(b) A domestic violence order of protection shall further state the following:
(c) Any domestic violence order of protection shall include the following notice, printed in
conspicuous type:
(d) (Blank).
(e) A domestic violence 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. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18.)
(725 ILCS 5/112A-21.5)
Sec. 112A-21.5. Contents of civil no contact 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:
(Source: P.A. 100-199, eff. 1-1-18.)
(725 ILCS 5/112A-21.7)
Sec. 112A-21.7. Contents of stalking no contact orders.
(a) Any stalking 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 stalking no contact order shall further state the following:
(c) A stalking no contact order shall include the following notice, printed in conspicuous type:
(Source: P.A. 100-199, eff. 1-1-18.)
(725 ILCS 5/112A-22) (from Ch. 38, par. 112A-22)
Sec. 112A-22. Notice of orders.
(a) Entry and issuance. Upon issuance
of any protective order, the clerk shall
immediately, or on the next court day if an ex parte order is issued under subsection (e) of Section 112A-17.5 of this Code,
(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 and to petitioner, if present, and to the State's Attorney. If the victim is not present the State's Attorney shall (i) as soon as practicable notify the petitioner the order has been entered and (ii) provide a file stamped copy of the order to the petitioner within 3 days.
(b) Filing with sheriff. The clerk of the issuing judge shall, on the same day that a protective order is
issued, file a 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 order was issued under subsection (e) of Section 112A-17.5 of this Code, the clerk on the next court day shall file a certified copy of the order with the sheriff or other law enforcement officials charged with maintaining Illinois State Police records.
(c) (Blank).
(c-2) 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 the 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 112A-22.1 of this Code may serve the respondent with a short form notification as provided in Section 112A-22.1 of this Code. If process has not yet been served upon the respondent, process shall be served with the order or short form notification if the service is made by the sheriff, other law enforcement official, or special process server.
(c-3) If the person against whom the protective order is issued is arrested and the written order is issued under subsection (e) of Section 112A-17.5 of this Code and received by the custodial law enforcement agency before the respondent or arrestee is released from custody, the custodial law enforcement agency 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 a hearing on the petition for protective order or receipt of the order issued under Section 112A-17 of this Code.
(c-4) Extensions, modifications, and revocations. Any order extending, modifying, or revoking any protective order shall be promptly recorded, issued, and served as provided in this Section.
(c-5) (Blank).
(d) (Blank).
(e) 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 protective order to any specified health care facility or health care practitioner requested by the petitioner at the mailing address provided by the petitioner.
(f) Disclosure by health care facilities and health care practitioners. After receiving a certified copy of a protective order 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 protective order, 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 protective order 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 protective order in the records of a child who is a protected person under the protective order, 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 a protective order, except for willful and wanton misconduct.
(g) Notice to schools. Upon the request of the petitioner, within 24
hours of the issuance of a protective order, the clerk of the issuing judge shall
send a certified copy of
the protective order 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 protective order 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.
(h) Disclosure by schools. After receiving a certified copy of a protective order 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 protective order in the records of a child who
is a protected person under the order. When a child who is a
protected person under the protective order 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 protective order,
along with a certified copy of the order, to the institution to which the child
is
transferring.
(Source: P.A. 102-538, eff. 8-20-21.)
(725 ILCS 5/112A-22.1)
Sec. 112A-22.1. Short form notification.
(a) Instead of personal service of a protective order under Section 112A-22 of this Code, 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 the person's conditions of parole, aftercare release, or mandatory supervised release, may serve a respondent with a short form notification. The short form notification shall include the following:
(b) The short form notification shall 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.
(Source: P.A. 100-597, eff. 6-29-18.)
(725 ILCS 5/112A-22.3)
Sec. 112A-22.3. Withdrawal or dismissal of charges or petition.
(a) Voluntary dismissal or withdrawal of any delinquency petition or criminal prosecution or a finding of not guilty shall not require dismissal or vacation of the protective order; instead, at the request of the petitioner, petitioner's counsel, or the State's Attorney on behalf of the petitioner, it may be treated as an independent action and, if necessary and appropriate, transferred to a different court or division. Dismissal of any delinquency petition or criminal prosecution shall not affect the validity of any previously issued protective order.
(b) Withdrawal or dismissal of any petition for a protective order shall operate as a dismissal without prejudice.
(Source: P.A. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18.)
(725 ILCS 5/112A-22.5)
Sec. 112A-22.5.
(Repealed).
(Source: P.A. 91-903, eff. 1-1-01. Repealed by P.A. 100-199, eff. 1-1-18.)
(725 ILCS 5/112A-22.10)
Sec. 112A-22.10. (Repealed).
(Source: P.A. 97-50, eff. 6-28-11; 98-558, eff. 1-1-14. Repealed by P.A. 100-199, eff. 1-1-18.)
(725 ILCS 5/112A-23) (from Ch. 38, par. 112A-23)
Sec. 112A-23. Enforcement of protective orders.
(a) When violation is crime. A violation of any protective order,
whether issued in a civil, quasi-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 protective order, 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 protective order were committed, to the extent
consistent with the venue provisions of this Article. Nothing in this
Article shall preclude any Illinois court from enforcing any valid protective order issued in another state. Illinois courts may enforce protective orders 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.
(c) Violation of custody, allocation of parental responsibility, or support orders. A violation of remedies
described in paragraph (5), (6), (8), or (9) of subsection (b) of Section
112A-14 of this Code 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 112A-14 of this Code in the manner provided for under Parts
V and VII of the
Illinois Marriage and Dissolution of Marriage Act.
(d) Actual knowledge. A protective 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:
(e) The enforcement of a protective order in civil or criminal court
shall not be affected by either of the following:
(e-5) If a civil no contact order entered under subsection (6) of Section 112A-20 of the Code of Criminal Procedure of 1963 conflicts with an order issued pursuant to the Juvenile Court Act of 1987 or the Illinois Marriage and Dissolution of Marriage Act, the conflicting order issued under subsection (6) of Section 112A-20 of the Code of Criminal Procedure of 1963 shall be void.
(f) Circumstances. The court, when determining whether or not a
violation of a protective order 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; 102-184, eff. 1-1-22; 102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 102-890, eff. 5-19-22.)
(725 ILCS 5/112A-24) (from Ch. 38, par. 112A-24)
Sec. 112A-24. Modification, re-opening, and extension of orders.
(a) Except as
otherwise provided in this Section, upon motion by petitioner, petitioner's counsel, or the State's Attorney on behalf of the petitioner, the court
may modify a protective order:
(a-5) A petitioner, petitioner's counsel, or the State's Attorney on the petitioner's behalf may file a motion to vacate or modify a final stalking no contact order. The motion shall be served in accordance with Supreme Court Rules 11 and 12.
(b) Upon motion by the petitioner, petitioner's counsel, State's Attorney, or respondent, the court may modify any
prior domestic violence 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.
(c) After 30 days following the entry of a protective order, a court may modify that order only when changes in the
applicable law or facts since that final order was entered warrant a
modification of its terms.
(d) (Blank).
(e) (Blank).
(f) (Blank).
(g) This Section does not limit the means, otherwise available by law, for vacating or modifying protective orders.
(Source: P.A. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18.)
(725 ILCS 5/112A-25) (from Ch. 38, par. 112A-25)
Sec. 112A-25. 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 Article 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
Article; or by providing services ordered under a protective order.
(Source: P.A. 100-199, eff. 1-1-18.)
(725 ILCS 5/112A-26) (from Ch. 38, par. 112A-26)
Sec. 112A-26. Arrest without warrant.
(a) Any law enforcement officer may
make an arrest without
warrant if the officer has probable cause to believe that the person has
committed or is committing any crime, including but not limited to
violation of a domestic violence order of protection, under Section 12-3.4 or 12-30 of the Criminal
Code of 1961 or the Criminal Code of 2012, violation of a civil no contact order, under Section 11-1.75 of the Criminal Code of 2012, or violation of a stalking no contact order, under Section 12-7.5A of the Criminal Code of 2012, even if the crime was not committed in the presence of the
officer.
(b) The law enforcement officer may verify the existence of a protective order by telephone or radio communication with his or her law enforcement
agency or by referring to the copy of the order provided by petitioner
or respondent.
(Source: P.A. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18.)
(725 ILCS 5/112A-27) (from Ch. 38, par. 112A-27)
Sec. 112A-27. Law enforcement policies.
(a) Every law enforcement agency
shall develop, adopt, and implement written policies regarding arrest
procedures for domestic violence incidents consistent with the provisions
of this Article. In developing these policies, each law enforcement agency shall consult with community organizations and other law
enforcement agencies with expertise in recognizing and handling domestic
violence incidents.
(b) In the initial training of new recruits and every 5 years in the continuing education of law enforcement officers, every law enforcement agency shall provide training to aid in understanding the actions of domestic violence victims and abusers and to prevent further victimization of those who have been abused, focusing specifically on looking beyond the physical evidence to the psychology of domestic violence situations, such as the dynamics of the aggressor-victim relationship, separately evaluating claims where both parties claim to be the victim, and long-term effects.
The Law Enforcement Training Standards Board shall formulate and administer the training under this subsection (b) as part of the current programs for both new recruits and active law enforcement officers. The Board shall formulate the training by July 1, 2017, and implement the training statewide by July 1, 2018. In formulating the training, the Board shall work with community organizations with expertise in domestic violence to determine which topics to include. The Law Enforcement Training Standards Board shall oversee the implementation and continual administration of the training.
(Source: P.A. 99-810, eff. 1-1-17.)
(725 ILCS 5/112A-28) (from Ch. 38, par. 112A-28)
Sec. 112A-28. Data maintenance by law enforcement agencies.
(a) All sheriffs shall furnish to the Illinois State Police, daily, in
the form and detail the Illinois State Police requires, copies of any recorded protective orders issued by the court, and any foreign protective orders, including, but not limited to, an order of protection issued by a military tribunal, filed by
the clerk of the court, and transmitted to the sheriff by the clerk of the
court. Each protective order shall be entered in the Law Enforcement Agencies
Data System on the same day it is issued by the court.
(b) The Illinois State Police shall maintain a complete and systematic
record and index of all valid and recorded protective orders issued or
filed under this Act. The data shall be used to inform all dispatchers
and law enforcement officers at the scene of an alleged incident of abuse or
violation of a protective order of any recorded prior incident of abuse
involving the abused party and the effective dates and terms of any recorded
protective order.
(c) The data, records and transmittals required under this Section shall
pertain to:
(Source: P.A. 102-538, eff. 8-20-21; 102-890, eff. 5-19-22.)
(725 ILCS 5/112A-29) (from Ch. 38, par. 112A-29)
Sec. 112A-29.
Reports by law enforcement officers.
(a) Every law enforcement
officer investigating an alleged incident of abuse
between family or household
members shall make a written police report of any bona fide allegation and
the disposition of such investigation. The police report shall include
the victim's statements as to the frequency and severity of prior incidents
of abuse by the same family or household
member and the number of prior
calls for police assistance to prevent such further abuse.
(b) Every police report completed pursuant to this Section shall be recorded
and compiled as a domestic crime within the meaning of Section 5.1 of the
Criminal Identification Act.
(Source: P.A. 87-1186.)
(725 ILCS 5/112A-30) (from Ch. 38, par. 112A-30)
Sec. 112A-30. Assistance by law enforcement officers.
(a) Whenever a law enforcement officer has reason to believe that a person
has been abused by a family or household member, the officer shall immediately
use all reasonable means to prevent further abuse, including:
(b) Whenever a law enforcement officer does not exercise arrest powers
or otherwise initiate criminal proceedings, the officer shall:
(c) Except as provided by Section 24-6 of the Criminal Code of 2012 or
under a court order, any weapon seized under subsection (a)(2) shall be
returned forthwith to the person from whom it was seized when it is no longer
needed for evidentiary purposes.
(Source: P.A. 100-199, eff. 1-1-18.)
(725 ILCS 5/112A-31) (from Ch. 38, par. 112A-31)
Sec. 112A-31.
Limited law enforcement liability.
Any act of omission or
commission by any law enforcement officer acting in good faith in rendering
emergency assistance or otherwise enforcing this Article shall not impose civil
liability upon the law enforcement officer or his or her supervisor or
employer,
unless the act is a result of willful or wanton misconduct.
(Source: P.A. 87-1186.)
Structure Illinois Compiled Statutes