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ILLINOIS DOMESTIC VIOLENCE ACT BOOKLET CONTENT
Chapter
1--Continued
Order Of Protection In Civil Court
Illinois Domestic Violence Act
Article
II
Orders of Protection continued
Mutual
orders of protection; correlative separate orders
(750 ILCS 60/215)
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.
Accountability
for Actions of Others
(750 ILCS 60/216)
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 1961
shall govern whether respondent is legally accountable for the conduct of
another person.
Emergency
order of protection
(750 ILCS 60/217)
(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:
(1) The court has jurisdiction
under Section 208;
(2) The requirements of Section 214 are satisfied; and
(3) There is good cause to grant the remedy, regardless of prior service
of process or of notice upon the respondent, because:
(i) For
the remedies of "prohibition of abuse" described in Section
214(b)(1), "stay away order and additional prohibitions" described in
Section 214(b)(3), "removal or concealment of minor child" described
in Section 214(b)(8), "order to appear" described in Section
214(b)(9), "physical care and possession of the minor child"
described in Section 214(b)(5), "protection of property" described in
Section 214(b)(11) , "prohibition of entry" described in Section
214(b)(14), "prohibition of access to records" described in Section
214(b)(15) , and "injunctive relief" described in Section 214(b)(16)
, the harm which that remedy is intended to prevent would be likely to occur if
the respondent were given any prior notice, or greater notice than was actually
given, of the petitioner's efforts to obtain judicial relief;
(ii) For the remedy of "grant of exclusive possession of
residence" described in Section 214(b)(2), the immediate danger of further
abuse of petitioner by respondent, if petitioner chooses or had chosen to
remain in the residence or household while respondent was given any prior
notice or greater notice than was actually given of petitioner's efforts to
obtain judicial relief, outweighs the hardships to respondent of an emergency
order granting petitioner exclusive possession of the residence or household.
This remedy shall not be denied because petitioner has or could obtain
temporary shelter elsewhere while prior notice is given to respondent, unless
the hardships to respondent from exclusion from the home substantially outweigh
those to petitioner;
(iii) For the remedy of "possession of personal property"
described in Section 214(b)(10) , improper disposition of the personal property
would be likely to occur if respondent were given any prior notice, or greater
notice than was actually given, of petitioner's efforts to obtain judicial
relief, or petitioner has an immediate and pressing need for possession of that
property.
An emergency
order may not include the counseling, legal custody, payment of support or
monetary compensation remedies.
(b) Appearance
by respondent. If respondent
appears in court for this hearing for an emergency order, he or she may elect
to file a general appearance and testify.
Any resulting order may be an emergency order, governed by this Section.
Notwithstanding the requirements of this Section, if all requirements of
Section 218 have been met, the court may issue a 30-day interim order.
(c) Emergency
orders: court holidays and evenings.
(1) Prerequisites. When the
court is unavailable at the close of business, the petitioner may file a
petition for a 21-day emergency order before any available circuit judge or
associate judge who may grant relief under this Act.
If the judge finds that there is an immediate and present danger of
abuse to petitioner and that petitioner has satisfied the prerequisites set
forth in subsection (a) of Section 217, that judge may issue an emergency order
of protection.
(1.5) Issuance of order. The
chief judge of the circuit court
may designate for each county in the circuit at least one judge to be
reasonably available to issue orally, by telephone, by facsimile, or otherwise,
an emergency order of protection at all times, whether or not the court is in
session.
(2) Certification and transfer. Any
order issued under this Section and any documentation in support thereof shall
be certified on the next court day to the appropriate court.
The clerk of that court shall immediately assign a case number, file the
petition, order and other documents with the court, and enter the order of
record and file it with the sheriff for service, in accordance with Section
222. Filing the petition shall
commence proceedings for further relief under Section 202. Failure to comply with the requirements of this subsection
shall not affect the validity of the order.
30-Day
interim order of protection
(750 ILCS 60/218)
(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:
(1) The court has jurisdiction
under Section 208;
(2) The requirements of Section 214 are satisfied; and
(3) A general appearance was made or filed by or for respondent; or
process was served on respondent in the manner required by Section 210; or the
petitioner is diligently attempting to complete the required service of
process.
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.
Plenary
Order of Protection
(750 ILCS 60/219)
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:
(1) The court
has jurisdiction under Section 208;
(2) The
requirements of Section 214 are satisfied; and
(3) A general
appearance was made or filed by or for respondent or process was served on
respondent in the manner required by Section 210; and
(4) Respondent
has answered or is in default.
Duration
and extension of orders
(750 ILCS 60/220)
(a) Duration of
emergency and interim orders. Unless
re-opened or extended or voided by entry of an order of greater duration:
(1) Emergency orders issued
under Section 217 shall be effective for not less than 14 nor more than 21
days;
(2) Interim orders shall be effective for up to 30 days.
(b) Duration of
plenary orders. Except as
otherwise provided in this Section, a plenary order of protection shall be
valid for a fixed period of time, not to exceed two years.
(1) A plenary order of protection entered in conjunction with another
civil proceeding shall remain in effect as follows:
(i) if entered as preliminary relief in that other proceeding, until
entry of final judgment in that other proceeding;
(ii) if incorporated into the final judgment in that other proceeding,
until the order of protection is vacated or modified; or
(iii) if
incorporated in an order for involuntary commitment, until termination of both
the involuntary commitment and any voluntary commitment, or for a fixed period
of time not exceeding 2 years.
(2) A plenary order of protection entered in conjunction with a criminal
prosecution shall remain in effect as follows:
(i) if entered during pre-trial release, until disposition, withdrawal,
or dismissal of the underlying charge; if, however, the case is continued as an
independent cause of action, the order's duration may be for a fixed period of
time not to exceed 2 years;
(ii) if in effect in conjunction with a bond forfeiture warrant, until
final disposition or an additional period of time not exceeding 2 years; no
order of protection, however, shall be terminated by a dismissal that is
accompanied by the issuance of a bond forfeiture warrant;
(iii) until expiration of any supervision, conditional discharge,
probation, periodic imprisonment, parole or mandatory supervised release and
for an additional period of time thereafter not exceeding 2 years; or
(iv) until the date set by the court for expiration of any sentence of
imprisonment and subsequent parole or mandatory supervised release and for an
additional period of time thereafter not exceeding 2 years.
(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 Department of 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. 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.
Contents
of orders
(750 ILCS 60/221)
(a) Any order of protection shall describe the following:
(1) Each remedy granted by the court, in reasonable detail and not by
reference to any other document, so that respondent may clearly understand what
he or she must do or refrain from doing. Pre-printed
form orders of protection shall include the definitions of the types of abuse,
neglect, and exploitation, as provided in Section 103.
Remedies set forth in pre-printed form orders shall be numbered
consistently with and corresponding to the numerical sequence of remedies
listed in Section 214 (at least as of the date the form orders are printed).
(2) The reason for denial of petitioner's request for any remedy listed
in Section 214.
(b) An order of protection shall further state the following:
(1) The name of each petitioner that the court
finds was abused, neglected, or exploited by respondent, and that respondent is
a member of the family or household of each such petitioner, and the name of
each other person protected by the order and that such person is protected by
this Act.
(2) For any remedy requested by petitioner on which the court has
declined to rule, that that remedy is reserved.
(3) The date and time the order of protection was issued, whether it is
an emergency, interim or plenary order and the duration of the order.
(4) The date, time and place for any scheduled hearing for extension of
that order of protection or for another order of greater duration or scope.
(5) For each remedy in an emergency order of protection, the reason for
entering that remedy without prior notice to respondent or greater notice than
was actually given.
(6) For emergency and interim orders of protection, that respondent may
petition the court, in accordance with Section 224, to re-open that order if he
or she did not receive actual prior notice of the hearing, in accordance with
Section 211, and alleges that he or she had a meritorious defense to the order
or that the order or any of its remedies was not authorized by this Act.
(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.
(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. 2261-2261). 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))."
Notice
of orders
(750 ILCS 60/222)
(a) Entry and issuance.
Upon issuance of any order of protection, the clerk shall immediately,
or on the next court day if an emergency order is issued in accordance with
subsection (c) of Section 217, (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
Department of State Police records or charged with serving the order upon
respondent. If the order was issued in accordance with subsection (c) of
Section 217, the clerk shall on the next court day, file a certified copy of
the order with the Sheriff or other law enforcement officials charged with
maintaining Department of State Police records.
(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, or special process server 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. 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 written notice of the order of protection
along with 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. 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 written notice of the
order of protection, along with 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.
Filing
of an order of protection issued in another state
(750 ILCS 60/222.5)
(a)
A person entitled to protection under an order of protection issued by the
court of another state, tribe, or United States territory 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.
(b) The
clerk shall:
(1)
treat the foreign order of protection in the same manner as a judgment
of the circuit court for any county of this State in accordance with the
provision of the,
Uniform Enforcement of Foreign Judgments Act, except that the clerk shall not mail
notice of the filing of the foreign order to the respondent named in the order;
and
(2) on the same day that a
foreign order of protection is filed, file a certified copy of that order with
the sheriff or other law enforcement officials charged with maintaining
Department of State Police records as set forth in Section 222 of this Act.
(c) Neither
residence in this State nor filing of a foreign order of protection 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 Department of State Police as set forth in Section 302 of this Act.
Short form notification
(750 ILCS 60/222.10)
(a) Instead of personal service of an order of protection under Section
222, a sheriff other law enforcement official, or special process server may
serve a respondent with a short form notification. The short form
notification must include the following items:
(1) The respondent's name.
(2) The respondent's date of birth, if known.
(3) The petitioner's name.
(4) The name of other protected parties.
(5) The date and county in which the orders of protection was
filed.
(6) The court file number.
(7) The hearing date and time, if known.
(8) The conditions that apply to the respondent, either in
checklist form or handwritten.
(9) The name of the judge who signed the order.
(b) The short form notification must contain the following notice
in bold print:
"The order of protection 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 of protection. You are
subject to to arrest and may be charged with a misdemeanor or felony if you
violate any of the terms of the order of protection."
(c) Upon verification of the identity of the respondent and
the existence of an unserved order of protection 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 sheriff, other law
enforcement official, or special process server making the service.
(e) The Attorney General shall provide adequate copies of the
short form notification form to law enforcement agencies in this State.
Enforcement
of orders of protection
(750 ILCS 60/223)
(a) When violation is crime.
A violation of any order of protection, whether issued in a civil or
criminal proceeding, shall be enforced by a criminal court when:
(1) The respondent commits
the crime of violation of an order of protection pursuant to Section 12-30 of
the Criminal Code of 1961, by having knowingly violated:
(i) remedies described in
paragraphs (1), (2), (3), (14),and (14.5) of subsection (b) of Section 214 of
this Act;
(ii) a remedy, which is
substantially similar to the remedies authorized under paragraphs (1), (2),
(3), (14), or (14.5) of subsection (b) of Section 214 of this Act, in a valid
order of protection which is authorized under the laws of another state, tribe,
or United States territory;
(iii) any other remedy when
the act constitutes a crime against the protected parties as defined by the
Criminal Code of 1961.
Prosecution for
a violation of an order of protection shall not bar concurrent prosecution for
any other crime, including any crime that may have been committed at the time
of the violation of the order of protection; or
(2) The respondent commits
the crime of child abduction pursuant to Section 10-5 of the Criminal Code of
1961, by having knowingly violated:
(i) remedies described in
paragraphs (5), (6) or (8) of subsection (b) of Section 214 of this Act; or
(ii) a remedy, which is
substantially similar to the remedies authorized under paragraphs (5), (6),or
(8), of subsection (b) of Section 214 of this Act, in a valid order of
protection which is authorized under the laws of another state, tribe, or
United States territory.
(b) When violation is contempt of court. A violation of any valid Illinois order of protection,
whether issued in a civil or criminal proceeding, may be enforced through civil or
criminal contempt procedures, as appropriate, by any court with jurisdiction,
regardless 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.
(1) In a contempt
proceeding where the petition for a rule to show cause sets forth facts
evidencing an immediate danger that the respondent will flee the jurisdiction,
conceal a child, or inflict physical abuse on the petitioner or minor children
or on dependent adults in petitioner's care, the court may order the attachment
of the respondent without prior service of the rule to show cause or the
petition for a rule to show cause. Bond shall be set unless specifically denied
in writing.
(2) A petition for a rule
to show cause for violation of an order of protection shall be treated as an
expedited proceeding.
(c) Violation of custody or support orders. 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 611 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 Articles 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:
(1) By service, delivery,
or notice under Section 210.
(2) By notice under Section
210.1 or 211.
(3) By service of an order
of protection under Section 222.
(4) By other means demonstrating actual knowledge of the con-tents of
the order.
(e) The enforcement of an order of protection in civil or
criminal court shall not be affected by either of the following:
(1) The existence of a
separate, correlative order, entered under Section 215.
(2) Any finding or order
entered in a conjoined criminal proceeding.
(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.
(1) Except as provided in
paragraph (3) of this subsection, where the court finds the commission of a
crime or contempt of court under subsections (a) or (b) of this Section, the
penalty shall be the penalty that generally applies in such criminal or
contempt proceedings, and may include one or more of the following:
incarceration, payment of restitution, a fine, payment of attorneys' fees and
costs, or community service.
(2) The court shall hear
and take into account evidence of any factors in aggravation or mitigation
before deciding an appropriate penalty under paragraph (1) of this subsection.
(3) To the extent permitted
by law, the court is encouraged to:
(i) increase the penalty for the knowing violation of any order
of protection over any penalty previously imposed by any court for respondent's
violation of any order of protection or penal statute involving petitioner as
victim and respondent as defendant;
(ii) impose a minimum penalty of 24 hours imprisonment for
respondent's first violation of any order of protection; and
(iii) impose a minimum
penalty of 48 hours imprisonment for respondent's second or subsequent
violation of an order of protection unless
the court explicitly finds that an increased penalty or that period of
imprisonment would be manifestly unjust.
(4) In addition to any
other penalties imposed for a violation of an order of protection, a criminal
court may consider evidence of any violations of an order of protection:
(i) to increase, revoke or modify the bail bond on an underlying
criminal charge pursuant to Section 110-6 of the Code of Criminal Procedure of
1963;
(ii) to revoke or modify an
order of probation, conditional discharge or supervision, pursuant to Section
5-6-4 of the Unified Code of Corrections;
(iii) to revoke or modify a
sentence of periodic imprisonment, pursuant to Section 5-7-2 of the Unified
Code of Corrections.
(5) In addition to any
other penalties, the court shall impose an additional fine of $20 as authorized
by Section 5-9-1.11 of the Unified Code of Corrections upon any person
convicted of or placed on supervision for a violation of an order of
protection. The additional fine shall be imposed for each violation of this
Section.
Order
of protection: status
(750 ILCS 60/223.1)
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.
Modification
and re-opening of orders
(750 ILCS 60/224)
(a) Except as
otherwise provided in this Section, upon motion by petitioner, the court may
modify an emergency, interim, or plenary order of protection:
(1) If respondent has abused petitioner since the hearing for that
order, by adding or altering one or more remedies, as authorized by Section
214; and
(2) Otherwise, by adding any remedy authorized by Section 214
which was:
(i) reserved in that order of protection;
(ii) not requested for inclusion in that order of protection; or
(iii) denied on procedural grounds, but not on the merits.
(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
Automated 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:
(1) that respondent did not receive prior notice of the initial hearing
in which the emergency, interim, or plenary order was entered under Sections
211 and 217; and
(2) that the respondent had a meritorious defense to the order or any of
its remedies or that the order or any of its remedies was not authorized by
this Act.
(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.
Immunity
from prosecution
(750 ILCS 60/225)
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.
Untrue
statements
(750 ILCS 60/226)
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.
Privileged
communications between domestic violence counselors and victims
(750 ILCS 60/227)
(a) As used in this
Section:
(1) "Domestic violence program" means any unit of local
government, organization, or association whose major purpose is to provide one
or more of the following: information, crisis intervention, emergency shelter,
referral, counseling, advocacy, or emotional support to victims of domestic
violence.
(2) "Domestic violence advocate or counselor" means any person
(A) who has undergone a minimum of forty hours of training in domestic violence
advocacy, crisis intervention, and related areas, and (B) who provides services
to victims through a domestic violence program either on an employed or
volunteer basis.
(3) "Confidential communication" means any communication
between an alleged victim of domestic violence and a domestic violence advocate
or counselor in the course of providing information, counseling, or advocacy. The term includes all records kept by the advocate or
counselor or by the domestic violence program in the course of providing
services to an alleged victim concerning the alleged victim and the services
provided. The confidential nature
of the communication is not waived by the presence at the time of the
communication of any additional persons, including but not limited to an
interpreter, to further express the interests of the domestic violence victim
or by the advocate's or counselor's disclosure to such an additional person
with the consent of the victim when reasonably necessary to accomplish the
purpose for which the advocate or counselor is consulted.
(4) "Domestic violence victim"
means any person who consults a domestic violence counselor for the purpose of
securing advice, counseling or assistance related to one or more alleged
incidents of domestic violence.
(5) "Domestic violence" means abuse as defined in the Illinois
Domestic Violence Act.
(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.
Other
privileged information
(750 ILCS 60/227.1)
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.
Article
III
Law Enforcement Responsibilities
Arrest
without warrant
(750 ILCS 60/301)
(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 an order of protection, under
Section 12-30 of the Criminal Code of 1961, even if the crime was not committed
in the presence of the officer.
(b) The
law enforcement officer may verify the existence of an order of protection by
telephone or radio communication with his or her law enforcement agency or by
referring to the copy of the order provided by the petitioner or respondent.
(c) Any law enforcement officer may make an
arrest without warrant if the officer has reasonable grounds to believe a
defendant at liberty under the provisions of subdivision (d)(1) or (d)(2) of
Section 110-10 of the Code of Criminal Procedure of 1963 has violated a
condition of his or her bail bond or recognizance.
Law
enforcement policies
(750 ILCS 60/301.1)
Every law enforcement agency shall develop,
adopt, and implement written policies regarding arrest procedures for domestic
violence incidents consistent with the provisions of this Act. In developing
these policies, each law enforcement agency is encouraged to consult with
community organizations and other law enforcement agencies with expertise in
recognizing and handling domestic violence incidents.
Data
maintenance by law enforcement agencies
(750 ILCS 60/302)
(a) All sheriffs
shall furnish to the Department of State Police, on the same day as received,
in the form and detail the Department requires, copies of any recorded
emergency, interim, or plenary orders of protection issued by the court, and
any foreign orders of protection filed by the clerk of the court, and
transmitted to the sheriff by the clerk of the court pursuant to subsection (b)
of Section 222 of this Act. Each order of protection shall be entered in the
Law Enforcement Automated Data System on the same day it is issued by the
court. If an emergency order of protection was issued in accordance
with subsection (c) of Section 217, the order shall be entered in the Law
Enforcement Automated Data System as soon as possible after receipt from the
clerk.
(b) The
Department of State Police shall maintain a complete and systematic record and
index of all valid and recorded orders of protection issued pursuant to this
Act. The data shall be used to
inform all dispatchers and law enforcement officers at the scene of an alleged
incident of abuse, neglect, or exploitation or violation of an order of
protection of any recorded prior incident of abuse, neglect, or exploitation
involving the abused, neglected, or exploited party and the effective dates and
terms of any recorded order of protection.
(c) The data,
records and transmittals required under this Section shall pertain to any valid
emergency, interim or plenary order of protection, whether issued in a civil or
criminal proceeding or authorized under the laws of another state, tribe, or
United States territory.
Reports
by law enforcement officers
(750 ILCS 60/303)
(a) Every law
enforcement officer investigating an alleged incident of abuse, neglect, or
exploitation 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, neglect, or exploitation by
the same family or household member and the number of prior calls for police
assistance to prevent such further abuse, neglect, or exploitation.
(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.
Assistance
by law enforcement officers
(750 ILCS 60/304)
(a) Whenever a
law enforcement officer has reason to believe that a person has been abused,
neglected, or exploited by a family or household member, the officer shall
immediately use all reasonable means to prevent further abuse, neglect, or
exploitation, including:
(1) Arresting the abusing, neglecting and exploiting party, where
appropriate;
(2) If there is probable cause to believe that particular weapons were
used to commit the incident of abuse, subject to constitutional limitations,
seizing and taking inventory of the weapons;
(3) Accompanying the victim of abuse, neglect, or exploitation to his or
her place of residence for a reasonable period of time to remove necessary
personal belongings and possessions;
(4) Offering the victim of abuse, neglect, or exploitation immediate and
adequate information (written in a language appropriate for the victim or in
Braille or communicated in appropriate sign language), which shall include a
summary of the procedures and relief available to victims of abuse under
subsection (c) of Section 217 and the officer's name and badge number;
(5) Providing the victim with one referral to an acessible service
agency;
(6) Advising the victim of abuse about seeking medical attention and
preserving evidence (specifically including photographs of injury or damage and
damaged clothing or other property); and
(7) Providing or arranging accessible transportation for the victim of
abuse (and, at the victim's request, any minors or dependents in the victim's
care) to a medical facility for treatment of injuries or to a nearby place of
shelter or safety; or, after the close of court business hours, providing or
arranging for transportation for the victim (and, at the victim's request, any
minors or dependents in the victim's care) to the nearest available circuit
judge or associate judge so the victim may file a petition for an emergency
order of protection under subsection (c) of Section 217.
When a victim of abuse chooses to leave the scene of the offense, it
shall be presumed that it is in the best interests of any minors or dependents
in the victim's care to remain with the victim or a person designated by the
victim, rather than to remain with the abusing party.
(b) Whenever a
law enforcement officer does not exercise arrest powers or otherwise initiate
criminal proceedings, the officer shall:
(1) Make a police report of the investigation of any bona fide
allegation of an incident of abuse, neglect, or exploitation and the
disposition of the investigation, in accordance with subsection (a) of Section
303;
(2) Inform the victim of abuse neglect, or exploitation of the victim's
right to request that a criminal proceeding be initiated where appropriate,
including specific times and places for meeting with the State's Attorney's
office, a warrant officer, or other official in accordance with local
procedure; and
(3) Advise the victim of the importance of seeking medical attention and
preserving evidence (specifically including photographs of injury or damage and
damaged clothing or other property).
(c) Except as
provided by Section 24-6 of the Criminal Code of 1961 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.
Limited
law enforcement liability
(750 ILCS 60/305)
Any act of
omission or commission by any law enforcement officer acting in good faith in
rendering emergency assistance or otherwise enforcing this Act 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.
Article
IV
Health Care Providers
Providing
information on services; liability
(750 ILCS 60/401)
Any person who is licensed,
certified or otherwise authorized by the law of this State to administer health
care in the ordinary course of business or practice of a profession shall offer
to a person suspected to be a victim of abuse immediate and adequate
information regarding services available to victims of abuse.
Any person who
is licensed, certified or otherwise authorized by the law of this State to
administer health care in the ordinary course of business, or practice of a
profession and who in good faith offers to a person suspected to be a victim of
abuse information regarding services available to victims of abuse shall not be
civilly liable for any act or omission of the agency providing those services
to the victims of abuse or for the inadequacy of those services provided by the
agency.
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