Statutes > Illinois Statutes > CHAPTER 740 CIVIL LIABILITIES > 740 ILCS 22/ Civil No Contact Order Act. > Article II - Civil No Contact Orders

Article II - Civil No Contact Orders


      (740 ILCS 22/Art. II heading)
ARTICLE II
CIVIL NO CONTACT ORDERS

    (740 ILCS 22/201)
    Sec. 201. Persons protected by this Act.
    (a) The following persons are protected by this Act:
        (1) any victim of non‑consensual sexual conduct or
     non‑consensual sexual penetration on whose behalf the petition is brought;
        (2) any family or household member of the named
     victim; and
        (3) any employee of or volunteer at a rape crisis
     center that is providing services to the petitioner or the petitioner's family or household member.
    (b) A petition for a civil no contact order may be filed:
        (1) by any person who is a victim of non‑consensual
     sexual conduct or non‑consensual sexual penetration, including a single incident of non‑consensual sexual conduct or non‑consensual sexual penetration; or
        (2) by a person on behalf of a minor child or an
     adult who is a victim of non‑consensual sexual conduct or non‑consensual sexual penetration but, because of age, disability, health, or inaccessibility, cannot file the petition.
(Source: P.A. 96‑311, eff. 1‑1‑10.)

    (740 ILCS 22/202)
    Sec. 202. Commencement of action; filing fees.
    (a) An action for a civil no contact order is commenced:
        (1) independently, by filing a petition for a civil
     no contact order in any civil court, unless specific courts are designated by local rule or order; or
        (2) in conjunction with a delinquency petition or a
     criminal prosecution, by filing a petition for a civil no contact order under the same case number as the delinquency petition or criminal prosecution, to be granted during pre‑trial release of a defendant, with any dispositional order issued under Section 5‑710 of the Juvenile Court Act of 1987 or as a condition of release, supervision, conditional discharge, probation, periodic imprisonment, parole, or mandatory supervised release, or in conjunction with imprisonment or a bond forfeiture warrant, provided that (i) the violation is alleged in an information, complaint, indictment, or delinquency petition on file and the alleged victim is a person protected by this Act, and (ii) the petition, which is filed by the State's Attorney, names a victim of the alleged crime as a petitioner.
    (b) Withdrawal or dismissal of any petition for a civil no contact order prior to adjudication where the petitioner is represented by the State shall operate as a dismissal without prejudice. No action for a civil no contact order shall be dismissed because the respondent is being prosecuted for a crime against the petitioner. For any action commenced under item (2) of subsection (a) of this Section, dismissal of the conjoined case (or a finding of not guilty) shall not require dismissal of the action for a civil no contact order; instead, it may be treated as an independent action and, if necessary and appropriate, transferred to a different court or division.
    (c) No fee shall be charged by the clerk of the court for filing petitions or modifying or certifying orders. No fee shall be charged by the sheriff for service by the sheriff of a petition, rule, motion, or order in an action commenced under this Section.
    (d) The court shall provide, through the office of the clerk of the court, simplified forms for filing of a petition under this Section by any person not represented by counsel.
(Source: P.A. 93‑236, eff. 1‑1‑04; 93‑811, eff. 1‑1‑05.)

    (740 ILCS 22/203)
    Sec. 203. Pleading; non‑disclosure of address.
    (a) A petition for a civil no contact order shall be in writing and verified or accompanied by affidavit and shall allege that the petitioner has been the victim of non‑consensual sexual conduct or non‑consensual sexual penetration by the respondent.
    (b) If the petition states that disclosure of the petitioner's address would risk abuse of the petitioner or any member of the petitioner's family or household, that address may be omitted from all documents filed with the court. If the petitioner has not disclosed an address under this subsection, the petitioner shall designate an alternative address at which the respondent may serve notice of any motions.
(Source: P.A. 93‑236, eff. 1‑1‑04.)

    (740 ILCS 22/204)
    Sec. 204. Application of rules of civil procedure; rape crisis advocates.
    (a) Any proceeding to obtain, modify, reopen or appeal a civil no contact order shall be governed by the rules of civil procedure of this State. The standard of proof in such a proceeding is proof by a preponderance of the evidence. The Code of Civil Procedure and Supreme Court and local court rules applicable to civil proceedings shall apply, except as otherwise provided by this Act.
    (b) In circuit courts, rape crisis advocates shall be allowed to accompany the victim and confer with the victim, unless otherwise directed by the court. Court administrators shall allow rape crisis advocates to assist victims of non‑consensual sexual conduct or non‑consensual sexual penetration in the preparation of petitions for civil no contact orders. Rape crisis advocates are not engaged in the unauthorized practice of law when providing assistance of the types specified in this subsection (b). Communications between the petitioner and a rape crisis advocate are protected by the confidentiality of statements made to rape crisis personnel as provided for in Section 8‑802.1 of the Code of Civil Procedure.
(Source: P.A. 93‑236, eff. 1‑1‑04.)

    (740 ILCS 22/204.2)
    Sec. 204.2. Application of privileges. The filing of a petition for a civil no contact order does not in any way constitute a waiver of any privilege that otherwise protects any medical, mental health, or other records of the petitioner, absent a release by the petitioner, pursuant to federal or State Acts including but not limited to: the federal Health Insurance Portability and Accountability Act (HIPAA); Illinois Medical Patient Rights Act; Mental Health and Developmental Disabilities Confidentiality Act; and Sections 8‑802 and 8‑802.1 of the Code of Civil Procedure.
(Source: P.A. 96‑311, eff. 1‑1‑10.)

    (740 ILCS 22/204.3)
    Sec. 204.3. Appointment of counsel. The court may appoint counsel to represent the petitioner if the respondent is represented by counsel.
(Source: P.A. 93‑811, eff. 1‑1‑05.)

    (740 ILCS 22/204.5)
    Sec. 204.5. Trial by jury. There shall be no right to trial by jury in any proceeding to obtain, modify, vacate or extend any civil no contact order under this Act. However, nothing in this Section shall deny any existing right to trial by jury in a criminal proceeding.
(Source: P.A. 93‑236, eff. 1‑1‑04.)

    (740 ILCS 22/205)
    Sec. 205. Subject matter jurisdiction. Each of the circuit courts has the power to issue civil no contact orders.
(Source: P.A. 93‑236, eff. 1‑1‑04.)

    (740 ILCS 22/206)
    Sec. 206. Jurisdiction over persons. The courts of this State have jurisdiction to bind (1) State residents and (2) 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.
(Source: P.A. 93‑236, eff. 1‑1‑04.)

    (740 ILCS 22/207)
    Sec. 207. Venue. A petition for a civil no contact order may be filed in any county where (1) the petitioner resides, (2) the respondent resides, or (3) the alleged non‑consensual sexual conduct or non‑consensual sexual penetration occurred.
(Source: P.A. 93‑236, eff. 1‑1‑04.)

    (740 ILCS 22/208)
    Sec. 208. Process.
    (a) Any action for a civil no contact order requires that a separate summons be issued and served. The summons shall be in the form prescribed by Supreme Court Rule 101(d), except that it shall require the respondent to answer or appear within 7 days. Attachments to the summons or notice shall include the petition for civil no contact order and supporting affidavits, if any, and any emergency civil no contact order that has been issued.
    (b) The summons shall be served by the sheriff or other law enforcement officer at the earliest time and shall take precedence over other summonses except those of a similar emergency nature. Special process servers may be appointed at any time, and their designation shall not affect the responsibilities and authority of the sheriff or other official process servers.
    (c) Service of process on a member of the respondent's household or by publication shall be adequate if: (1) the petitioner has made all reasonable efforts to accomplish actual service of process personally upon the respondent, but the respondent cannot be found to effect such service; and (2) the petitioner files an affidavit or presents sworn testimony as to those efforts.
    (d) A plenary civil no contact order may be entered by default for the remedy sought in the petition, if the respondent has been served or given notice in accordance with subsection (a) and if the respondent then fails to appear as directed or fails to appear on any subsequent appearance or hearing date agreed to by the parties or set by the court.
(Source: P.A. 93‑236, eff. 1‑1‑04.)

    (740 ILCS 22/209)
    Sec. 209. Service of notice of hearings. Except as provided in Section 208, notice of hearings on petitions or motions shall be served in accordance with Supreme Court Rules 11 and 12, unless notice is excused by Section 214 of this Act or by the Code of Civil Procedure, Supreme Court Rules, or local rules.
(Source: P.A. 93‑236, eff. 1‑1‑04.)

    (740 ILCS 22/210)
    Sec. 210. Hearings. A petition for a civil no contact order shall be treated as an expedited proceeding, and no court may transfer or otherwise decline to decide all or part of such petition. Nothing in this Section shall prevent the court from reserving issues if jurisdiction or notice requirements are not met.
(Source: P.A. 93‑236, eff. 1‑1‑04.)

    (740 ILCS 22/211)
    Sec. 211. Continuances.
    (a) Petitions for emergency remedies shall be granted or denied in accordance with the standards of Section 214, regardless of the respondent's appearance or presence in court.
    (b) Any action for a civil no contact order is an expedited proceeding. Continuances shall be granted only for good cause shown and kept to the minimum reasonable duration, taking into account the reasons for the continuance.
(Source: P.A. 93‑236, eff. 1‑1‑04.)

    (740 ILCS 22/212)
    Sec. 212. (Repealed).
(Source: P.A. 96‑311, eff. 1‑1‑10. Repealed by P.A. 96‑307, eff. 1‑1‑10.)

    (740 ILCS 22/213)
    Sec. 213. Civil no contact order; remedies.
    (a) If the court finds that the petitioner has been a victim of non‑consensual sexual conduct or non‑consensual sexual penetration, a civil no contact order shall issue; provided that the petitioner must also satisfy the requirements of Section 214 on emergency orders or Section 215 on plenary orders. The petitioner shall not be denied a civil no contact order because the petitioner or the respondent is a minor. The court, when determining whether or not to issue a civil no contact order, may not require physical injury on the person of the victim. Modification and extension of prior civil no contact orders shall be in accordance with this Act.
    (b) (Blank).
    (b‑5) The court may provide relief as follows:
        (1) prohibit the respondent from knowingly coming
     within, or knowingly remaining within, a specified distance from the petitioner;
        (2) restrain the respondent from having any contact,
     including nonphysical contact, with the petitioner directly, indirectly, or through third parties, regardless of whether those third parties know of the order;
        (3) prohibit the respondent from knowingly coming
     within, or knowingly remaining within, a specified distance from the petitioner's residence, school, day care or other specified location;
        (4) order the respondent to stay away from any
     property or animal owned, possessed, leased, kept, or held by the petitioner and forbid the respondent from taking, transferring, encumbering, concealing, harming, or otherwise disposing of the property or animal; and
        (5) order any other injunctive relief as necessary or
     appropriate for the protection of the petitioner.
    (b‑6) 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, among the other facts of the case, the severity of the act, any continuing physical danger or emotional distress to the petitioner, and the expense, difficulty, and educational disruption that would be caused by a transfer of the respondent to another school. The court may order that the respondent not attend the public or private elementary, middle, or high school attended by the petitioner. In the event 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.
    (c) Denial of a remedy may not be based, in whole or in part, on evidence that:
        (1) the respondent has cause for any use of force,
     unless that cause satisfies the standards for justifiable use of force provided by Article VII of the Criminal Code of 1961;
        (2) the respondent was voluntarily intoxicated;
        (3) the petitioner acted in self‑defense or defense
     of another, provided that, if the petitioner utilized force, such force was justifiable under Article VII of the Criminal Code of 1961;
        (4) the petitioner did not act in self‑defense or
     defense of another;
        (5) the petitioner left the residence or household
     to avoid further non‑consensual sexual conduct or non‑consensual sexual penetration by the respondent; or
        (6) the petitioner did not leave the residence or
     household to avoid further non‑consensual sexual conduct or non‑consensual sexual penetration by the respondent.
    (d) Monetary damages are not recoverable as a remedy.
(Source: P.A. 96‑311, eff. 1‑1‑10.)

    (740 ILCS 22/213.5)
    Sec. 213.5. Accountability for actions of others. For the purposes of issuing a civil no contact order, 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.
(Source: P.A. 93‑236, eff. 1‑1‑04.)

    (740 ILCS 22/213.7)
    Sec. 213.7. Aiding and abetting non‑consensual sexual conduct or non‑consensual sexual penetration. A person aids and abets an act of non‑consensual sexual conduct or non‑consensual sexual penetration when, before or during the commission of an act of non‑consensual sexual conduct or non‑consensual sexual penetration as defined in Section 103 and with the intent to promote or facilitate such conduct, he or she intentionally aids or abets another in the planning or commission of non‑consensual sexual conduct or non‑consensual sexual penetration, unless before the commission of the offense he or she makes proper effort to prevent the commission of the offense.
(Source: P.A. 96‑311, eff. 1‑1‑10.)

    (740 ILCS 22/214)
    Sec. 214. Emergency civil no contact order.
    (a) An emergency civil no contact order shall issue if the petitioner satisfies the requirements of this subsection (a). The petitioner shall establish that:
        (1) the court has jurisdiction under Section 206;
        (2) the requirements of Section 213 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 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.
    An emergency civil no contact order shall be issued by
     the court if it appears from the contents of the petition and the examination of the petitioner that the averments are sufficient to indicate nonconsensual sexual conduct or nonconsensual sexual penetration by the respondent and to support the granting of relief under the issuance of the civil no contact order.
    An emergency civil no contact order shall be issued if
     the court finds that subsections (1), (2), and (3) above are met.
    (b) If the 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 215 have been met, the court may issue a plenary order.
    (c) Emergency orders; court holidays and evenings.
        (1) 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 against the petitioner and that the petitioner has satisfied the prerequisites set forth in subsection (a), that judge may issue an emergency civil no contact order.
        (2) 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 civil no contact order at all times, whether or not the court is in session.
        (3) Any order issued under this Section and any
     documentation in support of the order 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 paragraph (3) does not affect the validity of the order.
(Source: P.A. 93‑236, eff. 1‑1‑04; 93‑811, eff. 1‑1‑05; 94‑360, eff. 1‑1‑06.)

    (740 ILCS 22/215)
    Sec. 215. Plenary civil no contact order. A plenary civil no contact order shall issue if the petitioner has served notice of the hearing for that order on the respondent, in accordance with Section 209, and satisfies the requirements of this Section. The petitioner must establish that:
        (1) the court has jurisdiction under Section 206;
        (2) the requirements of Section 213 are satisfied;
        (3) a general appearance was made or filed by or for
     the respondent or process was served on the respondent in the manner required by Section 208; and
        (4) the respondent has answered or is in default.
(Source: P.A. 93‑236, eff. 1‑1‑04.)

    (740 ILCS 22/215.5)
    Sec. 215.5. Petitioner testimony at plenary civil no contact order hearing. In a plenary civil no contact order hearing, if a court finds that testimony by the petitioner in the courtroom may result in serious emotional distress to the petitioner, the court may order that the examination of the petitioner be conducted in chambers. Counsel shall be present at the examination unless otherwise agreed upon by the parties. The court shall cause a court reporter to be present who shall make a complete record of the examination instantaneously to be part of the record in the case.
(Source: P.A. 96‑311, eff. 1‑1‑10.)

    (740 ILCS 22/216)
    Sec. 216. Duration and extension of orders.
    (a) Unless re‑opened or extended or voided by entry of an order of greater duration, an emergency order shall be effective for not less than 14 nor more than 21 days.
    (b) Except as otherwise provided in this Section, a plenary civil no contact order shall be effective for a fixed period of time, not to exceed 2 years. A plenary civil no contact order 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 civil no contact order, 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) Any emergency or plenary order may be extended one or more times, as required, provided that the requirements of Section 214 or 215, as appropriate, are satisfied. If the motion for extension is uncontested and the petitioner seeks no modification of the order, the order may be extended on the basis of the 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 214, which applies only when the court is unavailable at the close of business or on a court holiday.
    (d) Any civil no contact order which would expire on a court holiday shall instead expire at the close of the next court business day.
    (d‑5) An extension of a plenary civil no contact order may be granted, upon good cause shown, to remain in effect until the civil no contact order is vacated or modified.
    (e) The practice of dismissing or suspending a criminal prosecution in exchange for the issuance of a civil no contact order undermines the purposes of this Act. This Section shall not be construed as encouraging that practice.
(Source: P.A. 96‑311, eff. 1‑1‑10.)

    (740 ILCS 22/217)
    Sec. 217. Contents of 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.