Illinois Domestic Violence 24 Hour Helpline For Survivors in Illinois 877-863-6338

National Domestic Violence Hotline/Linea Nacional Sobre La Violencia Domestica: 1-800-799-SAFE (7233)
TTY For The Deaf/TTY para los Sordos: 1-800-787-3224

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Four New 2005 Domestic Violence Laws

 

·        The Domestic Violence fine is increased to $200 from $100.

       Public Act 093-0810 is effective 1/1/05.

 

(730 ILCS 5/5-9-1.50)

    Sec. 5-9-1.5. Domestic violence fine. In addition to any

other penalty imposed, a fine of $200 shall be imposed

upon any person who pleads guilty or no contest to or who is

convicted of a variety of crimes.

 

  • Increased minimum imprisonment for a second Domestic Battery conviction or other related felony crimes. At least 72 consecutive hours are now mandatory to be served (previously the law stated 48 hours for a second conviction).

Public Act 093-0809 is effective 1/1/05. 

 

(720 ILCS 5/12-3.2) 

(b) In addition to any other sentencing alternatives, for any second or

subsequent conviction of violating this Section

the offender shall be mandatorily sentenced to a minimum of 72

consecutive hours of imprisonment.

 

  • Amends the IDVA by defining the term “stay way” in the criminal and in the civil code as follows. Public Act 093-0811 is effective 1/1/05.

 

(9.5) "Stay away" means for the respondent to refrain from

both physical presence and nonphysical contact with the

petitioner whether direct, indirect (including, but not

limited to, telephone calls, mail, email, faxes, and written

notes), or through third parties who may or may not know about

the order of protection.(725 ILCS 5/112A-3)

 

(14.5) "Stay away" means for the respondent to refrain from

both physical presence and nonphysical contact with the

petitioner whether direct, indirect (including, but not

limited to, telephone calls, mail, email, faxes, and written

notes), or through third parties who may or may not know about

the order of protection.  (750 ILCS 60/103)

 

 

 

  • Amends the IDVA by mandating that federal statutory language regarding enforceability of Orders, plus federal firearms prohibitions, shall be on all pre-printed OP Orders. The amended language is in the IDVA in the criminal and civil code as follows. Public Act 093-0944 is effective 1/1/05.

 

(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))."

725 ILCS 5/112A-21)

 


(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))."

(750 ILCS 60/221)