Chapter 13--Continued

Order of Protection in Criminal Court

Illinois Domestic Violence Act

Mutual orders of protection; correlative separate orders
(725 ILCS 5/112A-15)

    Mutual orders of protection are prohibited.  Correlative separate orders of protection undermine the purposes of this Article.  If separate orders of protection in a criminal or delinquency case are sought, there must be compliance with Section 112A-2.  Nothing in this Section prohibits a party from seeking a civil order of protection.

    If correlative separate orders of protection result after being sought in separate criminal or delinquency actions in accordance with Section 112A-2, that fact shall not be a sufficient basis to deny any remedy to either petitioner or to prove that the parties are equally at fault or equally endangered.

Accountability for Actions of Others
(725 ILCS 5/112A-16)

    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
(725 ILCS 5/112A-17)  

    (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 112A-9;

        (2) The requirements of Section 112A-14 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 112A-14(b)(1), "stay away order and additional prohibitions" described in Section 112A-14(b)(3), "removal or concealment of minor child" described in Section 112A-14(b)(8), "order to appear" described in Section 112A-14(b)(9), "physical care and possession of the minor child" described in Section 112A-14(b)(5) , "protection of property" described in Section 112A-14(b)(11), "prohibition of entry" described in Section 112A-14(b)(14) , "prohibition of access to records" described in Section 112A-14(b)(15), and "injunctive relief" described in Section 112A-14(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 112A-14(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 112A-14(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 112A-18 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 Article.  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 112A-17, 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 112A-22. Filing the petition shall commence proceedings for further relief, under Section 112A-2. Failure to comply with the requirements of this subsection shall not affect the validity of the order.

30-Day interim order of protection
(725 ILCS 5/112A-18)  

    (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 112A-11, 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 112A-9;

        (2) The requirements of Section 112A-14 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 112A-10; 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 112A-19 have been met, the Court may issue a plenary order of protection.

Plenary Order of Protection
(725 ILCS 5/112A-19)   

    A plenary order of protection shall issue if petitioner has served notice of the hearing for that order on respondent, in accordance with Section 112A-11, 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 112A-9;

    (2) The requirements of Section 112A-14 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 112A-10; and

    (4) Respondent has answered or is in default.

Duration and extension of orders
(725 ILCS 5/112A-20) 

    (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 112A-17 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 2 years.  A plenary order of protection entered in conjunction with a criminal prosecution shall remain in effect as follows:

        (1) 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;

        (2) 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;

        (3) 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

        (4) 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 of protection may be extended one or more times, as required, provided that the requirements of Section 112A-17, 112A-18 or 112A-19, 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 Section 112A-17(c), 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 issuing an order of protection undermines the purposes of this Article.  This Section shall not be construed as encouraging that practice.

Contents of orders
(725 ILCS 5/112A-21) 

    (a) Any order of protection shall describe, in reasonable detail and not by reference to any other document, 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, as provided in Section 112A-3.  Remedies set forth in pre-printed form orders shall be numbered consistently with and corresponding to the numerical sequence of remedies listed in Section 112A-14  (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 112A-14.

    (b) An order of protection shall further state the following:

        (1) The name of each petitioner that the court finds was abused 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 112A-24, to re-open that order if he or she did not receive actual prior notice of the hearing, in accordance with Section 112A-11, 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 Article.

    (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, harassment, intimidation, interference with personal liberty, willful deprivation, or entering or remaining present at specified places when the protected person is present, or granting exclusive possession of the residence or household, or granting a stay away order is a Class A misdemeanor.  Grant of exclusive possession of the residence or household shall constitute notice forbidding trespass to land.  Any knowing violation of an order awarding legal custody or physical care of a child or prohibiting removal or concealment of a child may be a Class 4 felony. Any willful violation of any order is contempt of court.  Any violation may result in fine or imprisonment."

    (d) An emergency order of protection shall state, "This Order of Protection is enforceable, even without registration, in all 50 states, the District of Columbia, tribal lands, and the U.S. territories pursuant to the Violence Against Women Act (18 U.S.C. 2265). Violating this Order of Protection may subject the respondent to federal charges and punishment (18 U.S.C. 2261‑2262)."

    (e) An interim or plenary order of protection shall state, "This Order of Protection is enforceable, even without registration, in all 50 states, the District of Columbia, tribal lands, and the U.S. territories pursuant to the Violence Against Women Act (18 U.S.C. 2265). Violating this Order of Protection may subject the respondent to federal charges and punishment (18 U.S.C. 2261‑2262). The respondent may be subject to federal criminal penalties for possessing, transporting, shipping, or receiving any firearm or ammunition under the Gun Control Act (18 U.S.C. 922(g)(8) and (9))."

Notice of orders
(725 ILCS 5/112A-22)  

    (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 112A-17, (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 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 112A-17, 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 112A‑22.10  If process has not yet been served upon the respondent, it shall be served with the order or short form notification.

    (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 112A-17 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 112A-17 of this Code.

    (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.

Filing of an order of protection issued in another state
(725 ILCS 5/112A-22.5)

    (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 provisions 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 112A-22 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 112A-28 of this Act.

Short form notification

(725 ILCS 5/112A‑22.10)

    (a) Instead of personal service of an order of protection under Section 112A‑22, 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 names of other protected parties.
        (5) The date and county in which the order 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 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
(725 ILCS 5/112A-23) 

    (a) When violation is crime.  A violation of any order of protection, whether issued in a civil, quasi-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), or (14.5) of subsection (b) of Section 112A-14,

            (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 the Illinois Domestic Violence Act of 1986, in a valid order of protection, which is authorized under the laws of another state, tribe or United States territory,

            (iii) or 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 112A-14, or

            (ii) a remedy, which is substantially similar to the remedies authorized under paragraphs (1), (5), (6), or (8) of subsection (b) of Section 214 of the Illinois Domestic Violence Act of 1986, 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 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 Article.  Nothing in this Article 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 112A-14 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 112A-14 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 respondent has actual knowledge of its contents as shown through one of the following means:

        (1) By service, delivery, or notice under Section 112A-10.

        (2) By notice under Section 112A-11.

        (3) By service of an order of protection under Section 112A-22.

        (4) By other means demonstrating actual knowledge of the contents 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 112A-15.

        (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;

            (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.

Modification and re-opening of orders
(725 ILCS 5/112A-24) 

    (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 112A-14; and

        (2) Otherwise, by adding any remedy authorized by Section 112A-14 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 .

    (c) After 30 days following the 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 112A-11, or such shorter notice as the court may prescribe, a respondent subject to an emergency or interim order of protection issued under this Article 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 or interim order was entered, in accordance with Sections 112A-11 and 112A-17; and

        (2) that 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 under this Article.

    (e) If the emergency or interim 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 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
(725 ILCS 5/112A-25)

    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 an order of protection.

Arrest without warrant

(725 ILCS 5/112A-26) 

    (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 petitioner or respondent.

Law enforcement policies

(725 ILCS 5/112A-27)

    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 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
(725 ILCS 5/112A-28) 

    (a) All sheriffs shall furnish to the Department of State Police, daily, in the form and detail the Department requires, copies of any recorded 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 112A-22 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 112A-17, 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 or filed 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 or violation of an order of protection of any recorded prior incident of abuse involving the abused 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
(725 ILCS 5/112A-29)  

    (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.

Assistance by law enforcement officers
(725 ILCS 5/112A-30)  

    (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:

        (1) Arresting the abusing 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 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 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 112A-17 and the officer's name and badge number;

        (5) Providing the victim with one referral to an accessible 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 112A-17.  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 and the disposition of the investigation, in accordance with subsection (a) of Section 112A-29;

        (2) Inform the victim of abuse 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
(725 ILCS 5/112A-31)

    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.

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