DOMESTIC VIOLENCE ORDER-EFFECT

Illinois General Assembly - Full Text of SB3044

Select Language

×

The Illinois General Assembly offers the Google Translate™ service for visitor convenience. In no way should it be considered accurate as to the translation of any content herein.

Visitors of the Illinois General Assembly website are encouraged to use other translation services available on the internet.

The English language version is always the official and authoritative version of this website.

NOTE: To return to the original English language version, select the "Show Original" button on the Google Translate™ menu bar at the top of the window.

Choose Language

English

Afrikaans

Albanian

Arabic

Armenian

Azerbaijani

Basque

Bengali

Bosnian

Catalan

Croatian

Czech

Danish

Dutch

Esperanto

Estonian

Filipino

Finnish

French

Galician

Georgian

German

Greek

Gujarati

Haitian Creole

Hausa

Hawaiian

Hebrew

Hindi

Hungarian

Icelandic

Indonesian

Interlingua

Interlingue

Inuktitut

Irish

Italian

Japanese

Javanese

Kannada

Khmer

Korean

Latin

Latvian

Lithuanian

Luxembourgish

Macedonian

Malagasy

Malayalam

Maltese

Maori

Marathi

Myanmar

Nepali

Norwegian

Odia

Pashto

Punjabi

Romanian

Russian

Samoan

Sango

Sanskrit

Sardinian

Sindhi

Sinhala

Slovak

Slovenian

Somali

Southern Sotho

Spanish

Sundanese

Swahili

Swedish

Tamil

Telugu

Thai

Tigrinya

Tonga

Turkish

Ukrainian

Urdu

Vietnamese

Welsh

Xhosa

Yiddish

Yoruba

Zulu

Powered by
Translate

Close

Illinois General Assembly

Top Navigation Bar

Translate

Learn

Select General Assembly

Search the 104th General Assembly

Enter search terms for legislation, members, committees, or schedules.

ILGA.GOV

LEGISLATION & LAWS

Bills & Resolutions

Public Acts

Illinois Compiled Statutes

Illinois Constitution

Search Legislation

Glossary

Guide

Reports & Inquiry

Legislative Reports

Special Reports

FTP Site

Legislator Lookup

Capitol Complex Phone Numbers

Rules & Regulations

Illinois Register

Administrative Rules

Senate

Members

Schedules

Committees

Request for Remote Testimony

Journals

Transcripts

Rules

Audio/Video

FOIA Information

Senate Employment Opportunities

Media Guidelines

House

Members

Schedules

Committees

Submit testimony for House Committees

Journals

Transcripts

Rules

Audio/Video

FOIA Information

House Employment Opportunities

Log In

Mobile Top Bar

Search the 104th General Assembly

Enter keywords to search the Illinois General Assembly website.

Full Text of SB3044

Home

Legislation

Full Text

SB3044 - 104th General Assembly

Bill Status

Full Text

Votes

Witness Slips

Select Menu

Bill Status

Full Text

Votes

Witness Slips

Printer Friendly Version

Introduced

Engrossed

Enrolled

House Amendment 001

Printer Friendly Version

Introduced

Engrossed

Enrolled

House Amendment 001

Open PDF

SB3044 Enrolled
LRB104 17940 JRC 31377 b
1

AN ACT concerning domestic violence.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Criminal Code of 2012 is amended by
5
changing Sections 12-3.4, 12-3.8, and 12-3.9 as follows:

6

(720 ILCS 5/12-3.4)

(was 720 ILCS 5/12-30)
7

Sec. 12-3.4.
Violation of an order of protection.
8

(a) A person commits violation of an order of protection
9
if:
10

(1) He or she knowingly commits an act which was
11

prohibited by a court or fails to commit an act which was
12

ordered by a court in violation of:
13

(i) a remedy in a valid order of protection
14

authorized under paragraphs (1), (2), (3), (14), or
15

(14.5) of subsection (b) of Section 214 of the
16

Illinois Domestic Violence Act of 1986,
17

(ii) a remedy, which is substantially similar to
18

the remedies authorized under paragraphs (1), (2),
19

(3), (14) or (14.5) of subsection (b) of Section 214 of
20

the Illinois Domestic Violence Act of 1986, in a valid
21

order of protection, which is authorized under the
22

laws of another state, tribe or United States
23

territory,

SB3044 Enrolled
- 2 -
LRB104 17940 JRC 31377 b
1

(iii) any other remedy when the act constitutes a
2

crime against the protected parties as the term
3

protected parties is defined in Section 112A-4 of the
4

Code of Criminal Procedure of 1963; and
5

(2) Such violation occurs after the offender has been
6

served notice of the contents of the order, pursuant to
7

the Illinois Domestic Violence Act of 1986 or any
8

substantially similar statute of another state, tribe or
9

United States territory, or otherwise has acquired actual
10

knowledge of the contents of the order.
11

A person alleged to have violated a plenary order of
12
protection is presumed to have actual knowledge of the
13
contents of the order if:
14

(i) the person has been served with a summons that
15

includes the language set forth in paragraph (3) of
16

subsection (a) of Section 210 of the Illinois Domestic
17

Violence Act of 1986 or paragraph (2) of subsection (c) of
18

Section 112A-5.5 of the Code of Criminal Procedure of
19

1963;
20

(ii) the person has been served with the petition for
21

the order of protection;
22

(iii) the person has been held in default in the order
23

of protection proceeding; and
24

(iv) the person has been served with an emergency
25

order of protection in the same proceeding that grants the
26

same remedy, including any specifics, that the person is

SB3044 Enrolled
- 3 -
LRB104 17940 JRC 31377 b
1

alleged to have violated.

2

An order of protection issued by a state, tribal or
3
territorial court related to domestic or family violence shall
4
be deemed valid if the issuing court had jurisdiction over the
5
parties and matter under the law of the state, tribe or
6
territory. There shall be a presumption of validity where an
7
order is certified and appears authentic on its face. For
8
purposes of this Section, an "order of protection" may have
9
been issued in a criminal or civil proceeding.
10

(a-5) Failure to provide reasonable notice and opportunity
11
to be heard shall be an affirmative defense to any charge or
12
process filed seeking enforcement of a foreign order of
13
protection.
14

(b) Nothing in this Section shall be construed to diminish
15
the inherent authority of the courts to enforce their lawful
16
orders through civil or criminal contempt proceedings.
17

(c) The limitations placed on law enforcement liability by
18
Section 305 of the Illinois Domestic Violence Act of 1986
19
apply to actions taken under this Section.
20

(d) Violation of an order of protection is a Class A
21
misdemeanor. Violation of an order of protection is a Class 4
22
felony if the defendant has any prior conviction under this
23
Code for domestic battery (Section 12-3.2) or violation of an
24
order of protection (Section 12-3.4 or 12-30) or any prior
25
conviction under the law of another jurisdiction for an
26
offense that could be charged in this State as a domestic

SB3044 Enrolled
- 4 -
LRB104 17940 JRC 31377 b
1
battery or violation of an order of protection. Violation of
2
an order of protection is a Class 4 felony if the defendant has
3
any prior conviction under this Code for first degree murder
4
(Section 9-1), attempt to commit first degree murder (Section
5
8-4), aggravated domestic battery (Section 12-3.3), aggravated
6
battery (Section 12-3.05 or 12-4), heinous battery (Section
7
12-4.1), aggravated battery with a firearm (Section 12-4.2),
8
aggravated battery with a machine gun or a firearm equipped
9
with a silencer (Section 12-4.2-5), aggravated battery of a
10
child (Section 12-4.3), aggravated battery of an unborn child
11
(subsection (a-5) of Section 12-3.1, or Section 12-4.4),
12
aggravated battery of a senior citizen (Section 12-4.6),
13
stalking (Section 12-7.3), aggravated stalking (Section
14
12-7.4), criminal sexual assault (Section 11-1.20 or 12-13),
15
aggravated criminal sexual assault (Section 11-1.30 or 12-14),
16
kidnapping (Section 10-1), aggravated kidnapping (Section
17
10-2), predatory criminal sexual assault of a child (Section
18
11-1.40 or 12-14.1), aggravated criminal sexual abuse (Section
19
11-1.60 or 12-16), unlawful restraint (Section 10-3),
20
aggravated unlawful restraint (Section 10-3.1), aggravated
21
arson (Section 20-1.1), aggravated discharge of a firearm
22
(Section 24-1.2), or a violation of any former law of this
23
State that is substantially similar to any listed offense, or
24
any prior conviction under the law of another jurisdiction for
25
an offense that could be charged in this State as one of the
26
offenses listed in this Section, when any of these offenses

SB3044 Enrolled
- 5 -
LRB104 17940 JRC 31377 b
1
have been committed against a family or household member as
2
defined in Section 112A-3 of the Code of Criminal Procedure of
3
1963. The court shall impose a minimum penalty of 24 hours
4
imprisonment for defendant's second or subsequent violation of
5
any order of protection; unless the court explicitly finds
6
that an increased penalty or such period of imprisonment would
7
be manifestly unjust. In addition to any other penalties, the
8
court may order the defendant to pay a fine as authorized under
9
Section 5-9-1 of the Unified Code of Corrections or to make
10
restitution to the victim under Section 5-5-6 of the Unified
11
Code of Corrections.
12

(e) (Blank).
13

(f) A defendant who directed the actions of a third party
14
to violate this Section, under the principles of
15
accountability set forth in Article 5 of this Code, is guilty
16
of violating this Section as if the same had been personally
17
done by the defendant, without regard to the mental state of
18
the third party acting at the direction of the defendant.
19
(Source: P.A. 100-987, eff. 7-1-19
.)

20

(720 ILCS 5/12-3.8)
21

Sec. 12-3.8.
Violation of a civil no contact order.
22

(a) A person commits violation of a civil no contact order
23
if:
24

(1) he or she knowingly commits an act which was
25

prohibited by a court or fails to commit an act which was

SB3044 Enrolled
- 6 -
LRB104 17940 JRC 31377 b
1

ordered in violation of:
2

(A) a remedy of a valid civil no contact order
3

authorized under Section 213 of the Civil No Contact
4

Order Act or Section 112A-14.5 of the Code of Criminal
5

Procedure of 1963; or
6

(B) a remedy, which is substantially similar to
7

the remedies authorized under Section 213 of the Civil
8

No Contact Order Act or Section 112A-14.5 of the Code
9

of Criminal Procedure of 1963, or in a valid civil no
10

contact order, which is authorized under the laws of
11

another state, tribe, or United States territory; and
12

(2) the violation occurs after the offender has been
13

served notice of the contents of the order under the Civil
14

No Contact Order Act, Article 112A of the Code of Criminal
15

Procedure of 1963, or any substantially similar statute of
16

another state, tribe, or United States territory, or
17

otherwise has acquired actual knowledge of the contents of
18

the order.
19

A person alleged to have violated a civil no contact order
20
is presumed to have actual knowledge of the contents of the
21
order if:
22

(i) the person has been served with a summons that
23

includes the language set forth in paragraph (3) of
24

subsection (a) of Section 208 of the Civil No Contact
25

Order Act or paragraph (2) of subsection (c) of Section
26

112A-5.5 of the Code of Criminal Procedure of 1963;

SB3044 Enrolled
- 7 -
LRB104 17940 JRC 31377 b
1

(ii) the person has been served with the petition for
2

the civil no contact order;
3

(iii) the person has been held in default in the civil
4

no contact proceeding; and
5

(iv) the person has been served with an emergency
6

order in the same proceeding that grants the same remedy,
7

including any specifics, that the person is alleged to
8

have violated.

9

A civil no contact order issued by a state, tribal, or
10
territorial court shall be deemed valid if the issuing court
11
had jurisdiction over the parties and matter under the law of
12
the state, tribe, or territory. There shall be a presumption
13
of validity when an order is certified and appears authentic
14
on its face.
15

(a-3) For purposes of this Section, a "civil no contact
16
order" may have been issued in a criminal or civil proceeding.
17

(a-5) Failure to provide reasonable notice and opportunity
18
to be heard shall be an affirmative defense to any charge or
19
process filed seeking enforcement of a foreign civil no
20
contact order.
21

(b) Prosecution for a violation of a civil no contact
22
order shall not bar a concurrent prosecution for any other
23
crime, including any crime that may have been committed at the
24
time of the violation of the civil no contact order.
25

(c) Nothing in this Section shall be construed to diminish
26
the inherent authority of the courts to enforce their lawful

SB3044 Enrolled
- 8 -
LRB104 17940 JRC 31377 b
1
orders through civil or criminal contempt proceedings.
2

(d) A defendant who directed the actions of a third party
3
to violate this Section, under the principles of
4
accountability set forth in Article 5 of this Code, is guilty
5
of violating this Section as if the same had been personally
6
done by the defendant, without regard to the mental state of
7
the third party acting at the direction of the defendant.
8

(e) Sentence. A violation of a civil no contact order is a
9
Class A misdemeanor for a first violation, and a Class 4 felony
10
for a second or subsequent violation.
11
(Source: P.A. 100-199, eff. 1-1-18
.)

12

(720 ILCS 5/12-3.9)
13

Sec. 12-3.9.
Violation of a stalking no contact order.
14

(a) A person commits violation of a stalking no contact
15
order if:
16

(1) he or she knowingly commits an act which was
17

prohibited by a court or fails to commit an act which was
18

ordered by a court in violation of:
19

(A) a remedy in a valid stalking no contact order
20

of protection authorized under Section 80 of the
21

Stalking No Contact Order Act or Section 112A-14.7 of
22

the Code of Criminal Procedure of 1963; or
23

(B) a remedy, which is substantially similar to
24

the remedies authorized under Section 80 of the
25

Stalking No Contact Order Act or Section 112A-14.7 of

SB3044 Enrolled
- 9 -
LRB104 17940 JRC 31377 b
1

the Code of Criminal Procedure of 1963, or in a valid
2

stalking no contact order, which is authorized under
3

the laws of another state, tribe, or United States
4

territory; and
5

(2) the violation occurs after the offender has been
6

served notice of the contents of the order, under the
7

Stalking No Contact Order Act, Article 112A of the Code of
8

Criminal Procedure of 1963, or any substantially similar
9

statute of another state, tribe, or United States
10

territory, or otherwise has acquired actual knowledge of
11

the contents of the order.
12

A person alleged to have violated a stalking no contact
13
order is presumed to have actual knowledge of the contents of
14
the order if:
15

(i) the person has been served with a summons that
16

includes the language set forth in paragraph (3) of
17

subsection (a) of Section 60 of the Stalking No Contact
18

Order Act or paragraph (2) of subsection (c) of Section
19

112A-5.5 of the Code of Criminal Procedure of 1963;
20

(ii) the person has been served with the petition for
21

the stalking no contact order;
22

(iii) the person has been held in default in the
23

stalking no contact proceeding; and
24

(iv) the person has been served with an emergency
25

order in the same proceeding that grants the same remedy,
26

including any specifics, that the person is alleged to

SB3044 Enrolled
- 10 -
LRB104 17940 JRC 31377 b
1

have violated.

2

A stalking no contact order issued by a state, tribal, or
3
territorial court shall be deemed valid if the issuing court
4
had jurisdiction over the parties and matter under the law of
5
the state, tribe, or territory. There shall be a presumption
6
of validity when an order is certified and appears authentic
7
on its face.
8

(a-3) For purposes of this Section, a "stalking no contact
9
order" may have been issued in a criminal or civil proceeding.
10

(a-5) Failure to provide reasonable notice and opportunity
11
to be heard shall be an affirmative defense to any charge or
12
process filed seeking enforcement of a foreign stalking no
13
contact order.
14

(b) Prosecution for a violation of a stalking no contact
15
order shall not bar a concurrent prosecution for any other
16
crime, including any crime that may have been committed at the
17
time of the violation of the civil no contact order.
18

(c) Nothing in this Section shall be construed to diminish
19
the inherent authority of the courts to enforce their lawful
20
orders through civil or criminal contempt proceedings.
21

(d) A defendant who directed the actions of a third party
22
to violate this Section, under the principles of
23
accountability set forth in Article 5 of this Code, is guilty
24
of violating this Section as if the same had been personally
25
done by the defendant, without regard to the mental state of
26
the third party acting at the direction of the defendant.

SB3044 Enrolled
- 11 -
LRB104 17940 JRC 31377 b
1

(e) Sentence. A violation of a stalking no contact order
2
is a Class A misdemeanor for a first violation, and a Class 4
3
felony for a second or subsequent violation.
4
(Source: P.A. 100-199, eff. 1-1-18
.)

5

Section 10.
The Code of Criminal Procedure of 1963 is
6
amended by changing Sections 112A-5.5 and 112A-23 as follows:

7

(725 ILCS 5/112A-5.5)
8

Sec. 112A-5.5.
Time for filing petition; service on
9
respondent, hearing on petition, and default orders.

10

(a) A petition for a protective order may be filed at any
11
time, in person or online, after a criminal charge or
12
delinquency petition is filed and before the charge or
13
delinquency petition is dismissed, the defendant or juvenile
14
is acquitted, or the defendant or juvenile completes service
15
of his or her sentence.
16

(b) The request for an ex parte protective order may be
17
considered without notice to the respondent under Section
18
112A-17.5 of this Code.
19

(c)
(1)
A summons shall be issued and served for a
20
protective order. The summons may be served by delivery to the
21
respondent personally in open court in the criminal or
22
juvenile delinquency proceeding, in the form prescribed by
23
subsection (d) of Supreme Court Rule 101, except that it shall
24
require the respondent to answer or appear within 7 days.

SB3044 Enrolled
- 12 -
LRB104 17940 JRC 31377 b
1

(2) The summons shall include the following language:
2

(A) "If an emergency protective order has been ordered
3

against you and included with this summons or you have
4

otherwise received a copy of that order, you may be
5

arrested or held criminally or civilly liable for
6

violating certain terms of the order. The court may enter
7

another protective order when the attached emergency order
8

expires."
9

(B) "You must attend court on the date in this
10

summons. If you do not attend that date or on any
11

subsequent hearing date agreed to by the parties or set by
12

the court, the judge may decide the case without hearing
13

from you. This is called default."
14

(C) "A plenary protective order may be entered by
15

default for any of the remedies sought in the petition if
16

you fail to appear on the specified hearing date or on any
17

subsequent hearing date agreed to by the parties or set by
18

the court."
19

(D) "If a plenary order is entered at the next or
20

subsequent court date, even if you do not attend or get a
21

copy of the order, you may be arrested or held criminally
22

or civilly liable for violating certain terms of that
23

order."

24

(3)
Attachments to the summons shall include the petition
25
for protective order, supporting affidavits, if any, and any
26
ex parte protective order that has been issued.

SB3044 Enrolled
- 13 -
LRB104 17940 JRC 31377 b
1

(d) The summons shall be served by the sheriff or other law
2
enforcement officer at the earliest time available and shall
3
take precedence over any other summons, except those of a
4
similar emergency nature. Attachments to the summons shall
5
include the petition for protective order, supporting
6
affidavits, if any, and any ex parte protective order that has
7
been issued. Special process servers may be appointed at any
8
time and their designation shall not affect the
9
responsibilities and authority of the sheriff or other
10
official process servers. In a county with a population over
11
3,000,000, a special process server may not be appointed if
12
the protective order grants the surrender of a child, the
13
surrender of a firearm or Firearm Owner's Identification Card,
14
or the exclusive possession of a shared residence.
15

(e) If the respondent is not served within 30 days of the
16
filing of the petition, the court shall schedule a court
17
proceeding on the issue of service. Either the petitioner, the
18
petitioner's counsel, or the State's Attorney shall appear and
19
the court shall either order continued attempts at personal
20
service or shall order service by publication, in accordance
21
with Sections 2-203, 2-206, and 2-207 of the Code of Civil
22
Procedure.
23

(f) The request for a final protective order can be
24
considered at any court proceeding in the delinquency or
25
criminal case after service of the petition. If the petitioner
26
has not been provided notice of the court proceeding at least

SB3044 Enrolled
- 14 -
LRB104 17940 JRC 31377 b
1
10 days in advance of the proceeding, the court shall schedule
2
a hearing on the petition and provide notice to the
3
petitioner.
4

(f-5) A court in a county with a population above 250,000
5
shall offer the option of a remote hearing to a petitioner for
6
a protective order. The court has the discretion to grant or
7
deny the request for a remote hearing. Each court shall
8
determine the procedure for a remote hearing. The petitioner
9
and respondent may appear remotely or in person.
10

The court shall issue and publish a court order, standing
11
order, or local rule detailing information about the process
12
for requesting and participating in a remote court appearance.
13
The court order, standing order, or local rule shall be
14
published on the court's website and posted on signs
15
throughout the courthouse, including in the clerk's office.
16
The sign shall be written in plain language and include
17
information about the availability of remote court appearances
18
and the process for requesting a remote hearing.
19

(g) Default orders.
20

(1) A final domestic violence order of protection may
21

be entered by default:
22

(A) for any of the remedies sought in the
23

petition, if the respondent has been served with
24

documents under subsection (b) or (c) of this Section
25

and if the respondent fails to appear on the specified
26

return date or any subsequent hearing date agreed to

SB3044 Enrolled
- 15 -
LRB104 17940 JRC 31377 b
1

by the petitioner and respondent or set by the court;
2

or
3

(B) for any of the remedies provided under
4

paragraph (1), (2), (3), (5), (6), (7), (8), (9),
5

(10), (11), (14), (15), (17), or (18) of subsection
6

(b) of Section 112A-14 of this Code, or if the
7

respondent fails to answer or appear in accordance
8

with the date set in the publication notice or the
9

return date indicated on the service of a household
10

member.
11

(2) A final civil no contact order may be entered by
12

default for any of the remedies provided in Section
13

112A-14.5 of this Code, if the respondent has been served
14

with documents under subsection (b) or (c) of this
15

Section, and if the respondent fails to answer or appear
16

in accordance with the date set in the publication notice
17

or the return date indicated on the service of a household
18

member.
19

(3) A final stalking no contact order may be entered
20

by default for any of the remedies provided by Section
21

112A-14.7 of this Code, if the respondent has been served
22

with documents under subsection (b) or (c) of this Section
23

and if the respondent fails to answer or appear in
24

accordance with the date set in the publication notice or
25

the return date indicated on the service of a household
26

member.

SB3044 Enrolled
- 16 -
LRB104 17940 JRC 31377 b
1

(4) When the court enters a default order under this
2

Section, the court shall include a finding about whether
3

the language required in paragraph (2) of subsection (c)
4

was included in the summons. Whether the language required
5

in paragraph (2) of subsection (c) was included in a
6

summons shall not impact whether the court grants the
7

default order if the summons was otherwise proper and the
8

requirements for default are otherwise met.

9
(Source: P.A. 102-853, eff. 1-1-23; 103-154, eff. 6-30-23.)

10

(725 ILCS 5/112A-23)

(from Ch. 38, par. 112A-23)
11

Sec. 112A-23.
Enforcement of protective orders.
12

(a) When violation is crime. A violation of any protective
13
order, whether issued in a civil, quasi-criminal proceeding or
14
by a military judge, shall be enforced by a criminal court
15
when:
16

(1) The respondent commits the crime of violation of a
17

domestic violence order of protection pursuant to Section
18

12-3.4 or 12-30 of the Criminal Code of 1961 or the
19

Criminal Code of 2012, by having knowingly violated:
20

(i) remedies described in paragraph (1), (2), (3),
21

(14), or (14.5) of subsection (b) of Section 112A-14
22

of this Code,
23

(ii) a remedy, which is substantially similar to
24

the remedies authorized under paragraph (1), (2), (3),
25

(14), or (14.5) of subsection (b) of Section 214 of the

SB3044 Enrolled
- 17 -
LRB104 17940 JRC 31377 b
1

Illinois Domestic Violence Act of 1986, in a valid
2

order of protection, which is authorized under the
3

laws of another state, tribe, or United States
4

territory, or
5

(iii) any other remedy when the act constitutes a
6

crime against the protected parties as defined by the
7

Criminal Code of 1961 or the Criminal Code of 2012.
8

Prosecution for a violation of a domestic violence
9

order of protection shall not bar concurrent prosecution
10

for any other crime, including any crime that may have
11

been committed at the time of the violation of the
12

domestic violence order of protection; or
13

(2) The respondent commits the crime of child
14

abduction pursuant to Section 10-5 of the Criminal Code of
15

1961 or the Criminal Code of 2012, by having knowingly
16

violated:
17

(i) remedies described in paragraph (5), (6), or
18

(8) of subsection (b) of Section 112A-14 of this Code,
19

or
20

(ii) a remedy, which is substantially similar to
21

the remedies authorized under paragraph (1), (5), (6),
22

or (8) of subsection (b) of Section 214 of the Illinois
23

Domestic Violence Act of 1986, in a valid domestic
24

violence order of protection, which is authorized
25

under the laws of another state, tribe, or United
26

States territory.

SB3044 Enrolled
- 18 -
LRB104 17940 JRC 31377 b
1

(3) The respondent commits the crime of violation of a
2

civil no contact order when the respondent violates
3

Section 12-3.8 of the Criminal Code of 2012. Prosecution
4

for a violation of a civil no contact order shall not bar
5

concurrent prosecution for any other crime, including any
6

crime that may have been committed at the time of the
7

violation of the civil no contact order.
8

(4) The respondent commits the crime of violation of a
9

stalking no contact order when the respondent violates
10

Section 12-3.9 of the Criminal Code of 2012. Prosecution
11

for a violation of a stalking no contact order shall not
12

bar concurrent prosecution for any other crime, including
13

any crime that may have been committed at the time of the
14

violation of the stalking no contact order.
15

(b) When violation is contempt of court. A violation of
16
any valid protective order, whether issued in a civil or
17
criminal proceeding or by a military judge, may be enforced
18
through civil or criminal contempt procedures, as appropriate,
19
by any court with jurisdiction, regardless where the act or
20
acts which violated the protective order were committed, to
21
the extent consistent with the venue provisions of this
22
Article. Nothing in this Article shall preclude any Illinois
23
court from enforcing any valid protective order issued in
24
another state. Illinois courts may enforce protective orders
25
through both criminal prosecution and contempt proceedings,
26
unless the action which is second in time is barred by

SB3044 Enrolled
- 19 -
LRB104 17940 JRC 31377 b
1
collateral estoppel or the constitutional prohibition against
2
double jeopardy.
3

(1) In a contempt proceeding where the petition for a
4

rule to show cause sets forth facts evidencing an
5

immediate danger that the respondent will flee the
6

jurisdiction, conceal a child, or inflict physical abuse
7

on the petitioner or minor children or on dependent adults
8

in petitioner's care, the court may order the attachment
9

of the respondent without prior service of the rule to
10

show cause or the petition for a rule to show cause. Bond
11

shall be set unless specifically denied in writing.
12

(2) A petition for a rule to show cause for violation
13

of a protective order shall be treated as an expedited
14

proceeding.
15

(c) Violation of custody, allocation of parental
16
responsibility, or support orders. A violation of remedies
17
described in paragraph (5), (6), (8), or (9) of subsection (b)
18
of Section 112A-14 of this Code may be enforced by any remedy
19
provided by Section 607.5 of the Illinois Marriage and
20
Dissolution of Marriage Act. The court may enforce any order
21
for support issued under paragraph (12) of subsection (b) of
22
Section 112A-14 of this Code in the manner provided for under
23
Parts V and VII of the Illinois Marriage and Dissolution of
24
Marriage Act.
25

(d) Actual knowledge. A protective order may be enforced
26
pursuant to this Section if the respondent violates the order

SB3044 Enrolled
- 20 -
LRB104 17940 JRC 31377 b
1
after the respondent has actual knowledge of its contents as
2
shown through one of the following means:
3

(1) (Blank).
4

(2) (Blank).
5

(3) By service of a protective order under subsection
6

(f) of Section 112A-17.5 or Section 112A-22 of this Code.
7

(4) By other means demonstrating actual knowledge of
8

the contents of the order.
9

A respondent alleged to have violated a protective order
10
is presumed to have actual knowledge of the contents of the
11
order if:
12

(i) the respondent has been served with a summons that
13

includes the language set forth in paragraph (2) of
14

subsection (c) of Section 112A-5.5;
15

(ii) the respondent has been served with the petition
16

for the protective order;
17

(iii) the respondent has been held in default in the
18

protective order proceeding; and
19

(iv) the respondent has been served with an emergency
20

order in the same proceeding that grants the same remedy,
21

including any specifics, that the respondent is alleged to
22

have violated.

23

(e) The enforcement of a protective order in civil or
24
criminal court shall not be affected by either of the
25
following:
26

(1) The existence of a separate, correlative order

SB3044 Enrolled
- 21 -
LRB104 17940 JRC 31377 b
1

entered under Section 112A-15 of this Code.
2

(2) Any finding or order entered in a conjoined
3

criminal proceeding.
4

(e-5) If a civil no contact order entered under subsection
5
(6) of Section 112A-20 of the Code of Criminal Procedure of
6
1963 conflicts with an order issued pursuant to the Juvenile
7
Court Act of 1987 or the Illinois Marriage and Dissolution of
8
Marriage Act, the conflicting order issued under subsection
9
(6) of Section 112A-20 of the Code of Criminal Procedure of
10
1963 shall be void.
11

(f) Circumstances. The court, when determining whether or
12
not a violation of a protective order has occurred, shall not
13
require physical manifestations of abuse on the person of the
14
victim.
15

(g) Penalties.
16

(1) Except as provided in paragraph (3) of this
17

subsection (g), where the court finds the commission of a
18

crime or contempt of court under subsection (a) or (b) of
19

this Section, the penalty shall be the penalty that
20

generally applies in such criminal or contempt
21

proceedings, and may include one or more of the following:
22

incarceration, payment of restitution, a fine, payment of
23

attorneys' fees and costs, or community service.
24

(2) The court shall hear and take into account
25

evidence of any factors in aggravation or mitigation
26

before deciding an appropriate penalty under paragraph (1)

SB3044 Enrolled
- 22 -
LRB104 17940 JRC 31377 b
1

of this subsection (g).
2

(3) To the extent permitted by law, the court is
3

encouraged to:
4

(i) increase the penalty for the knowing violation
5

of any protective order over any penalty previously
6

imposed by any court for respondent's violation of any
7

protective order or penal statute involving petitioner
8

as victim and respondent as defendant;
9

(ii) impose a minimum penalty of 24 hours
10

imprisonment for respondent's first violation of any
11

protective order; and
12

(iii) impose a minimum penalty of 48 hours
13

imprisonment for respondent's second or subsequent
14

violation of a protective order unless the court
15

explicitly finds that an increased penalty or that
16

period of imprisonment would be manifestly unjust.
17

(4) In addition to any other penalties imposed for a
18

violation of a protective order, a criminal court may
19

consider evidence of any violations of a protective order:
20

(i) to modify the conditions of pretrial release
21

on an underlying criminal charge pursuant to Section
22

110-6 of this Code;
23

(ii) to revoke or modify an order of probation,
24

conditional discharge, or supervision, pursuant to
25

Section 5-6-4 of the Unified Code of Corrections;
26

(iii) to revoke or modify a sentence of periodic

SB3044 Enrolled
- 23 -
LRB104 17940 JRC 31377 b
1

imprisonment, pursuant to Section 5-7-2 of the Unified
2

Code of Corrections.
3
(Source: P.A. 102-184, eff. 1-1-22; 102-558, eff. 8-20-21;
4
102-813, eff. 5-13-22; 102-890, eff. 5-19-22; 103-407, eff.
5
7-28-23
.)

6

Section 15.
The Stalking No Contact Order Act is amended
7
by changing Section 60 as follows:

8

(740 ILCS 21/60)
9

Sec. 60.
Process.
10

(a)
(1)
Any action for a stalking no contact order requires
11
that a separate summons be issued and served.
12

(2)
The summons shall be in the form prescribed by Supreme
13
Court Rule 101(d), except that it shall require the respondent
14
to answer or appear within 7 days.
15

(3) The summons shall include the following language:

16

(A) "If an emergency stalking no contact order has
17

been ordered against you and included with this summons or
18

you have otherwise received a copy of that order, you may
19

be arrested or held criminally or civilly liable for
20

violating certain terms of the order. The court may enter
21

another protective order when the attached emergency order
22

expires."
23

(B) "You must attend court on the date in this
24

summons. If you do not attend that date or on any

SB3044 Enrolled
- 24 -
LRB104 17940 JRC 31377 b
1

subsequent hearing date agreed to by the parties or set by
2

the court, the judge may decide the case without hearing
3

from you. This is called default."
4

(C) "A plenary stalking no contact order may be
5

entered by default for any of the remedies sought in the
6

petition if you fail to appear on the specified hearing
7

date or on any subsequent hearing date agreed to by the
8

parties or set by the court."
9

(D) "If a plenary order is entered at the next or
10

subsequent court date, even if you do not attend or get a
11

copy of the order, you may be arrested or held criminally
12

or civilly liable for violating certain terms of that
13

order."

14

(4)
Attachments to the summons or notice shall include the
15
petition for stalking no contact order and supporting
16
affidavits, if any, and any emergency stalking no contact
17
order that has been issued.
18

(b) The summons shall be served by the sheriff or other law
19
enforcement officer at the earliest time and shall take
20
precedence over other summonses except those of a similar
21
emergency nature. Special process servers may be appointed at
22
any time, and their designation shall not affect the
23
responsibilities and authority of the sheriff or other
24
official process servers.
25

(c) Service of process on a member of the respondent's
26
household or by publication shall be adequate if: (1) the

SB3044 Enrolled
- 25 -
LRB104 17940 JRC 31377 b
1
petitioner has made all reasonable efforts to accomplish
2
actual service of process personally upon the respondent, but
3
the respondent cannot be found to effect such service; and (2)
4
the petitioner files an affidavit or presents sworn testimony
5
as to those efforts.
6

(d) A plenary stalking no contact order may be entered by
7
default for the remedy sought in the petition, if the
8
respondent has been served or given notice in accordance with
9
subsection (a) and if the respondent then fails to appear as
10
directed or fails to appear on any subsequent appearance or
11
hearing date agreed to by the parties or set by the court.
12

(e) If an order is granted under subsection (c) of Section
13
95, the court shall immediately file a certified copy of the
14
order with the sheriff or other law enforcement official
15
charged with maintaining Department of State Police records.
16
(Source: P.A. 101-508, eff. 1-1-20
.)

17

Section 20.
The Civil No Contact Order Act is amended by
18
changing Sections 208 and 220 as follows:

19

(740 ILCS 22/208)
20

Sec. 208.
Process.
21

(a)
(1)
Any action for a civil no contact order requires
22
that a separate summons be issued and served.
23

(2)
The summons shall be in the form prescribed by Supreme
24
Court Rule 101(d), except that it shall require the respondent

SB3044 Enrolled
- 26 -
LRB104 17940 JRC 31377 b
1
to answer or appear within 7 days.
2

(3) The summons shall include the following language:
3

(A) "If an emergency civil no contact order has been
4

ordered against you and included with this summons or you
5

have otherwise received a copy of that order, you may be
6

arrested or held criminally or civilly liable for
7

violating certain terms of the order. The court may enter
8

another protective order when the attached emergency order
9

expires."
10

(B) "You must attend court on the date in this
11

summons. If you do not attend that date or on any
12

subsequent hearing date agreed to by the parties or set by
13

the court, the judge may decide the case without hearing
14

from you. This is called default."
15

(C) "A plenary civil no contact order may be entered
16

by default for any of the remedies sought in the petition
17

if you fail to appear on the specified hearing date or on
18

any subsequent hearing date agreed to by the parties or
19

set by the court."
20

(D) "If a plenary order is entered at the next or
21

subsequent court date, even if you do not attend or get a
22

copy of the order, you may be arrested or held criminally
23

or civilly liable for violating certain terms of that
24

order."

25

(4)
Attachments to the summons or notice shall include the
26
petition for civil no contact order and supporting affidavits,

SB3044 Enrolled
- 27 -
LRB104 17940 JRC 31377 b
1
if any, and any emergency civil no contact order that has been
2
issued.
3

(b) The summons shall be served by the sheriff or other law
4
enforcement officer at the earliest time and shall take
5
precedence over other summonses except those of a similar
6
emergency nature. Special process servers may be appointed at
7
any time, and their designation shall not affect the
8
responsibilities and authority of the sheriff or other
9
official process servers.
10

(c) Service of process on a member of the respondent's
11
household or by publication shall be adequate if: (1) the
12
petitioner has made all reasonable efforts to accomplish
13
actual service of process personally upon the respondent, but
14
the respondent cannot be found to effect such service; and (2)
15
the petitioner files an affidavit or presents sworn testimony
16
as to those efforts.
17

(d) A plenary civil no contact order may be entered by
18
default for the remedy sought in the petition, if the
19
respondent has been served or given notice in accordance with
20
subsection (a) and if the respondent then fails to appear as
21
directed or fails to appear on any subsequent appearance or
22
hearing date agreed to by the parties or set by the court.
23

(e) If an order is granted under subsection (c) of Section
24
214, the court shall immediately file a certified copy of the
25
order with the sheriff or other law enforcement official
26
charged with maintaining Department of State Police records.

SB3044 Enrolled
- 28 -
LRB104 17940 JRC 31377 b
1
(Source: P.A. 101-508, eff. 1-1-20
.)

2

(740 ILCS 22/220)
3

Sec. 220.
Enforcement of a civil no contact order.
4

(a) Nothing in this Act shall preclude any Illinois court
5
from enforcing a valid protective order issued in another
6
state or by a military judge.
7

(b) Illinois courts may enforce civil no contact orders
8
through both criminal proceedings and civil contempt
9
proceedings, unless the action which is second in time is
10
barred by collateral estoppel or the constitutional
11
prohibition against double jeopardy.
12

(b-1) The court shall not hold a school district or
13
private or non-public school or any of its employees in civil
14
or criminal contempt unless the school district or private or
15
non-public school has been allowed to intervene.
16

(b-2) The court may hold the parents, guardian, or legal
17
custodian of a minor respondent in civil or criminal contempt
18
for a violation of any provision of any order entered under
19
this Act for conduct of the minor respondent in violation of
20
this Act if the parents, guardian, or legal custodian
21
directed, encouraged, or assisted the respondent minor in such
22
conduct.
23

(c) Criminal prosecution. A violation of any civil no
24
contact order, whether issued in a civil or criminal
25
proceeding or by a military judge, shall be enforced by a

SB3044 Enrolled
- 29 -
LRB104 17940 JRC 31377 b
1
criminal court when the respondent commits the crime of
2
violation of a civil no contact order pursuant to Section 219
3
by having knowingly violated:
4

(1) remedies described in Section 213 and included in
5

a civil no contact order; or
6

(2) a provision of an order, which is substantially
7

similar to provisions of Section 213, in a valid civil no
8

contact order which is authorized under the laws of
9

another state, tribe, or United States territory.
10

Prosecution for a violation of a civil no contact order
11
shall not bar a concurrent prosecution for any other crime,
12
including any crime that may have been committed at the time of
13
the violation of the civil no contact order.
14

(d) Contempt of court. A violation of any valid Illinois
15
civil no contact order, whether issued in a civil or criminal
16
proceeding, may be enforced through civil or criminal contempt
17
procedures, as appropriate, by any court with jurisdiction,
18
regardless of where the act or acts which violated the civil no
19
contact order were committed, to the extent consistent with
20
the venue provisions of this Act.
21

(1) In a contempt proceeding where the petition for a
22

rule to show cause or petition for adjudication of
23

criminal contempt sets forth facts evidencing an immediate
24

danger that the respondent will flee the jurisdiction or
25

inflict physical abuse on the petitioner or minor children
26

or on dependent adults in the petitioner's care, the court

SB3044 Enrolled
- 30 -
LRB104 17940 JRC 31377 b
1

may order the attachment of the respondent without prior
2

service of the petition for a rule to show cause, the rule
3

to show cause, the petition for adjudication of criminal
4

contempt or the adjudication of criminal contempt.
5

Conditions of release shall be set unless specifically
6

denied in writing.
7

(2) A petition for a rule to show cause or a petition
8

for adjudication of criminal contempt for violation of a
9

civil no contact order shall be treated as an expedited
10

proceeding.
11

(e) Actual knowledge. A civil no contact order may be
12
enforced pursuant to this Section if the respondent violates
13
the order after the respondent has actual knowledge of its
14
contents as shown through one of the following means:
15

(1) by service, delivery, or notice under Section 208;
16

(2) by notice under Section 218;
17

(3) by service of a civil no contact order under
18

Section 218; or
19

(4) by other means demonstrating actual knowledge of
20

the contents of the order.
21

A respondent alleged to have violated a civil no contact
22
order is presumed to have actual knowledge of the contents of
23
the order if:
24

(i) the respondent has been served with a summons that
25

includes the language set forth in paragraph (3) of
26

subsection (a) of Section 208;

SB3044 Enrolled
- 31 -
LRB104 17940 JRC 31377 b
1

(ii) the respondent has been served with the petition
2

for the civil no contact order;
3

(iii) the respondent has been held in default in the
4

civil no contact order proceeding; and
5

(iv) the respondent has been served with an emergency
6

civil no contact order in the same proceeding that grants
7

the same remedy, including any specifics, that the
8

respondent is alleged to have violated.

9

(f) The enforcement of a civil no contact order in civil or
10
criminal court shall not be affected by either of the
11
following:
12

(1) the existence of a separate, correlative order,
13

entered under Section 202; or
14

(2) any finding or order entered in a conjoined
15

criminal proceeding.
16

(g) Circumstances. The court, when determining whether or
17
not a violation of a civil no contact order has occurred, shall
18
not require physical manifestations of abuse on the person of
19
the victim.
20

(h) Penalties.
21

(1) Except as provided in paragraph (3) of this
22

subsection, where the court finds the commission of a
23

crime or contempt of court under subsection (a) or (b) of
24

this Section, the penalty shall be the penalty that
25

generally applies in such criminal or contempt
26

proceedings, and may include one or more of the following:

SB3044 Enrolled
- 32 -
LRB104 17940 JRC 31377 b
1

incarceration, payment of restitution, a fine, payment of
2

attorneys' fees and costs, or community service.
3

(2) The court shall hear and take into account
4

evidence of any factors in aggravation or mitigation
5

before deciding an appropriate penalty under paragraph (1)
6

of this subsection.
7

(3) To the extent permitted by law, the court is
8

encouraged to:
9

(i) increase the penalty for the knowing violation
10

of any civil no contact order over any penalty
11

previously imposed by any court for respondent's
12

violation of any civil no contact order or penal
13

statute involving petitioner as victim and respondent
14

as defendant;
15

(ii) impose a minimum penalty of 24 hours
16

imprisonment for respondent's first violation of any
17

civil no contact order; and
18

(iii) impose a minimum penalty of 48 hours
19

imprisonment for respondent's second or subsequent
20

violation of a civil no contact order unless the court
21

explicitly finds that an increased penalty or that
22

period of imprisonment would be manifestly unjust.
23

(4) In addition to any other penalties imposed for a
24

violation of a civil no contact order, a criminal court
25

may consider evidence of any previous violations of a
26

civil no contact order:

SB3044 Enrolled
- 33 -
LRB104 17940 JRC 31377 b
1

(i) to modify the conditions of pretrial release
2

on an underlying criminal charge pursuant to Section
3

110-6 of the Code of Criminal Procedure of 1963;
4

(ii) to revoke or modify an order of probation,
5

conditional discharge or supervision, pursuant to
6

Section 5-6-4 of the Unified Code of Corrections; or
7

(iii) to revoke or modify a sentence of periodic
8

imprisonment, pursuant to Section 5-7-2 of the Unified
9

Code of Corrections.
10
(Source: P.A. 103-407, eff. 7-28-23.)

11

Section 25.
The Illinois Domestic Violence Act of 1986 is
12
amended by changing Sections 210, 210.1, and 223 as follows:

13

(750 ILCS 60/210)

(from Ch. 40, par. 2312-10)
14

Sec. 210.
Process.
15

(a) Summons.
16

(1)
Any action for an order of protection, whether
17
commenced alone or in conjunction with another proceeding, is
18
a distinct cause of action and requires that a separate
19
summons be issued and served, except that in pending cases the
20
following methods may be used:
21

(A)

(1)
By delivery of the summons to respondent
22

personally in open court in pending civil or criminal
23

cases.
24

(B)

(2)
By notice in accordance with Section 210.1 in

SB3044 Enrolled
- 34 -
LRB104 17940 JRC 31377 b
1

civil cases in which the defendant has filed a general
2

appearance.
3

(2)
The summons shall be in the form prescribed by Supreme
4
Court Rule 101(d), except that it shall require respondent to
5
answer or appear within 7 days.
6

(3) The summons shall include the following language:
7

(A) "If an emergency order of protection has been
8

ordered against you and included with this summons or
9

you have otherwise received a copy of that order, you
10

may be arrested or held criminally or civilly liable
11

for violating certain terms of the order. The court
12

may enter another order of protection when the
13

attached emergency order expires."
14

(B) "You must attend court on the date in this
15

summons. If you do not attend that date or on any
16

subsequent hearing date agreed to by the parties or
17

set by the court, the judge may decide the case without
18

hearing from you. This is called default."
19

(C) "A plenary order of protection may be entered
20

by default for any of the remedies sought in the
21

petition if you fail to appear on the specified
22

hearing date or on any subsequent hearing date agreed
23

to by the parties or set by the court."
24

(D) "If a plenary order is entered at the next or
25

subsequent court date, even if you do not attend or get
26

a copy of the order, you may be arrested or held

SB3044 Enrolled
- 35 -
LRB104 17940 JRC 31377 b
1

criminally or civilly liable for violating certain
2

terms of that order."

3

(4)
Attachments to the summons or notice shall include the
4
petition for order of protection and supporting affidavits, if
5
any, and any emergency order of protection that has been
6
issued.
7

(5)
The enforcement of an order of protection under Section
8
223 shall not be affected by the lack of service, delivery, or
9
notice, provided the requirements of subsection (d) of that
10
Section are otherwise met.
11

(b) Blank.
12

(c) Expedited service. The summons shall be served by the
13
sheriff or other law enforcement officer at the earliest time
14
and shall take precedence over other summonses except those of
15
a similar emergency nature. Special process servers may be
16
appointed at any time, and their designation shall not affect
17
the responsibilities and authority of the sheriff or other
18
official process servers. In counties with a population over
19
3,000,000, a special process server may not be appointed if
20
the order of protection grants the surrender of a child, the
21
surrender of a firearm or firearm owners identification card,
22
or the exclusive possession of a shared residence.
23

(d) Remedies requiring actual notice. The counseling,
24
payment of support, payment of shelter services, and payment
25
of losses remedies provided by paragraphs 4, 12, 13, and 16 of
26
subsection (b) of Section 214 may be granted only if

SB3044 Enrolled
- 36 -
LRB104 17940 JRC 31377 b
1
respondent has been personally served with process, has
2
answered or has made a general appearance.
3

(e) Remedies upon constructive notice. Service of process
4
on a member of respondent's household or by publication shall
5
be adequate for the remedies provided by paragraphs 1, 2, 3, 5,
6
6, 7, 8, 9, 10, 11, 14, 15, and 17 of subsection (b) of Section
7
214, but only if: (i) petitioner has made all reasonable
8
efforts to accomplish actual service of process personally
9
upon respondent, but respondent cannot be found to effect such
10
service and (ii) petitioner files an affidavit or presents
11
sworn testimony as to those efforts.
12

(f) Default. A plenary order of protection may be entered
13
by default as follows:
14

(1) For any of the remedies sought in the petition, if
15

respondent has been served or given notice in accordance
16

with subsection (a) and if respondent then fails to appear
17

as directed or fails to appear on any subsequent
18

appearance or hearing date agreed to by the parties or set
19

by the court; or
20

(2) For any of the remedies provided in accordance
21

with subsection (e), if respondent fails to answer or
22

appear in accordance with the date set in the publication
23

notice or the return date indicated on the service of a
24

household member.
25

(g) Emergency orders. If an order is granted under
26
subsection (c) of Section 217, the court shall immediately

SB3044 Enrolled
- 37 -
LRB104 17940 JRC 31377 b
1
file a certified copy of the order with the sheriff or other
2
law enforcement official charged with maintaining Department
3
of State Police records.
4
(Source: P.A. 101-508, eff. 1-1-20
.)

5

(750 ILCS 60/210.1)

(from Ch. 40, par. 2312-10.1)
6

Sec. 210.1.
Service of notice in conjunction with a
7
pending civil case.
8

(a) Notice. When an action for an order of protection is
9
sought in conjunction with a pending civil case in which the
10
court has obtained jurisdiction over respondent, and
11
respondent has filed a general appearance, then a separate
12
summons need not issue. Original notice of a hearing on a
13
petition for an order of protection may be given, and the
14
documents served, in accordance with Illinois Supreme Court
15
Rules 11 and 12. When, however, an emergency order of
16
protection is sought in such a case on an ex parte application,
17
then the procedure set forth in subsection (a) of Section 210
18
(other than in
subparagraph (B) of paragraph (1) of
subsection
19
(a)
(2)
) shall be followed. If an order of protection is issued
20
using the notice provisions of this Section, then the order of
21
protection or extensions of that order may survive the
22
disposition of the main civil case. The enforcement of any
23
order of protection under Section 223 shall not be affected by
24
the lack of notice under this Section, provided the
25
requirements of subsection (d) of that Section are otherwise

SB3044 Enrolled
- 38 -
LRB104 17940 JRC 31377 b
1
met.
2

(b) Default. The form of notice described in subsection
3
(a) shall include the following language directed to the
4
respondent:

5

A 2-year plenary order of protection may be entered by
6

default for any of the remedies sought in the petition if
7

you fail to appear on the specified hearing date or on any
8

subsequent hearing date agreed to by the parties or set by
9

the court.
10

(c) Party to give notice. Notice in the pending civil case
11
shall be given (i) by either party under this Section, with
12
respect to extensions, modifications, hearings, or other
13
relief pertinent to an order of protection, in accordance with
14
Illinois Supreme Court Rules 11 and 12 or (ii) by the
15
respondent as provided in subsection (c) of Section 224.
16
(Source: P.A. 87-1186.)

17

(750 ILCS 60/223)

(from Ch. 40, par. 2312-23)
18

Sec. 223.
Enforcement of orders of protection.
19

(a) When violation is crime. A violation of any order of
20
protection, whether issued in a civil or criminal proceeding
21
or by a military judge, shall be enforced by a criminal court
22
when:
23

(1) The respondent commits the crime of violation of
24

an order of protection pursuant to Section 12-3.4 or 12-30
25

of the Criminal Code of 1961 or the Criminal Code of 2012,

SB3044 Enrolled
- 39 -
LRB104 17940 JRC 31377 b
1

by having knowingly violated:
2

(i) remedies described in paragraphs (1), (2),
3

(3), (14), or (14.5) of subsection (b) of Section 214
4

of this Act; or
5

(ii) a remedy, which is substantially similar to
6

the remedies authorized under paragraphs (1), (2),
7

(3), (14), and (14.5) of subsection (b) of Section 214
8

of this Act, in a valid order of protection which is
9

authorized under the laws of another state, tribe, or
10

United States territory; or
11

(iii) any other remedy when the act constitutes a
12

crime against the protected parties as defined by the
13

Criminal Code of 1961 or the Criminal Code of 2012.
14

Prosecution for a violation of an order of protection
15

shall not bar concurrent prosecution for any other crime,
16

including any crime that may have been committed at the
17

time of the violation of the order of protection; or
18

(2) The respondent commits the crime of child
19

abduction pursuant to Section 10-5 of the Criminal Code of
20

1961 or the Criminal Code of 2012, by having knowingly
21

violated:
22

(i) remedies described in paragraphs (5), (6) or
23

(8) of subsection (b) of Section 214 of this Act; or
24

(ii) a remedy, which is substantially similar to
25

the remedies authorized under paragraphs (5), (6), or
26

(8) of subsection (b) of Section 214 of this Act, in a

SB3044 Enrolled
- 40 -
LRB104 17940 JRC 31377 b
1

valid order of protection which is authorized under
2

the laws of another state, tribe, or United States
3

territory.
4

(b) When violation is contempt of court. A violation of
5
any valid Illinois order of protection, whether issued in a
6
civil or criminal proceeding or by a military judge, may be
7
enforced through civil or criminal contempt procedures, as
8
appropriate, by any court with jurisdiction, regardless where
9
the act or acts which violated the order of protection were
10
committed, to the extent consistent with the venue provisions
11
of this Act. Nothing in this Act shall preclude any Illinois
12
court from enforcing any valid order of protection issued in
13
another state. Illinois courts may enforce orders of
14
protection through both criminal prosecution and contempt
15
proceedings, unless the action which is second in time is
16
barred by collateral estoppel or the constitutional
17
prohibition against double jeopardy.
18

(1) In a contempt proceeding where the petition for a
19

rule to show cause sets forth facts evidencing an
20

immediate danger that the respondent will flee the
21

jurisdiction, conceal a child, or inflict physical abuse
22

on the petitioner or minor children or on dependent adults
23

in petitioner's care, the court may order the attachment
24

of the respondent without prior service of the rule to
25

show cause or the petition for a rule to show cause.
26

Conditions of release shall be set unless specifically

SB3044 Enrolled
- 41 -
LRB104 17940 JRC 31377 b
1

denied in writing.
2

(2) A petition for a rule to show cause for violation
3

of an order of protection shall be treated as an expedited
4

proceeding.
5

(b-1) The court shall not hold a school district or
6
private or non-public school or any of its employees in civil
7
or criminal contempt unless the school district or private or
8
non-public school has been allowed to intervene.
9

(b-2) The court may hold the parents, guardian, or legal
10
custodian of a minor respondent in civil or criminal contempt
11
for a violation of any provision of any order entered under
12
this Act for conduct of the minor respondent in violation of
13
this Act if the parents, guardian, or legal custodian
14
directed, encouraged, or assisted the respondent minor in such
15
conduct.
16

(c) Violation of custody or support orders or temporary or
17
final judgments allocating parental responsibilities. A
18
violation of remedies described in paragraphs (5), (6), (8),
19
or (9) of subsection (b) of Section 214 of this Act may be
20
enforced by any remedy provided by Section 607.5 of the
21
Illinois Marriage and Dissolution of Marriage Act. The court
22
may enforce any order for support issued under paragraph (12)
23
of subsection (b) of Section 214 in the manner provided for
24
under Parts V and VII of the Illinois Marriage and Dissolution
25
of Marriage Act.
26

(d) Actual knowledge. An order of protection may be

SB3044 Enrolled
- 42 -
LRB104 17940 JRC 31377 b
1
enforced pursuant to this Section if the respondent violates
2
the order after the respondent has actual knowledge of its
3
contents as shown through one of the following means:
4

(1) By service, delivery, or notice under Section 210.
5

(2) By notice under Section 210.1 or 211.
6

(3) By service of an order of protection under Section
7

222.
8

(4) By other means demonstrating actual knowledge of
9

the contents of the order.
10

A respondent alleged to have violated a plenary order of
11
protection is presumed to have actual knowledge of the
12
contents of the order if:
13

(i) the respondent has been served with a summons that
14

includes the language set forth in paragraph (3) of
15

subsection (a) of Section 210;
16

(ii) the respondent has been served with the petition
17

for the order of protection;
18

(iii) the respondent has been held in default in the
19

order of protection proceeding; and
20

(iv) the respondent has been served with an emergency
21

order of protection in the same proceeding that grants the
22

same remedy, including any specifics, that the respondent
23

is alleged to have violated.

24

(e) The enforcement of an order of protection in civil or
25
criminal court shall not be affected by either of the
26
following:

SB3044 Enrolled
- 43 -
LRB104 17940 JRC 31377 b
1

(1) The existence of a separate, correlative order,
2

entered under Section 215.
3

(2) Any finding or order entered in a conjoined
4

criminal proceeding.
5

(f) Circumstances. The court, when determining whether or
6
not a violation of an order of protection has occurred, shall
7
not require physical manifestations of abuse on the person of
8
the victim.
9

(g) Penalties.
10

(1) Except as provided in paragraph (3) of this
11

subsection, where the court finds the commission of a
12

crime or contempt of court under subsections (a) or (b) of
13

this Section, the penalty shall be the penalty that
14

generally applies in such criminal or contempt
15

proceedings, and may include one or more of the following:
16

incarceration, payment of restitution, a fine, payment of
17

attorneys' fees and costs, or community service.
18

(2) The court shall hear and take into account
19

evidence of any factors in aggravation or mitigation
20

before deciding an appropriate penalty under paragraph (1)
21

of this subsection.
22

(3) To the extent permitted by law, the court is
23

encouraged to:
24

(i) increase the penalty for the knowing violation
25

of any order of protection over any penalty previously
26

imposed by any court for respondent's violation of any

SB3044 Enrolled
- 44 -
LRB104 17940 JRC 31377 b
1

order of protection or penal statute involving
2

petitioner as victim and respondent as defendant;
3

(ii) impose a minimum penalty of 24 hours
4

imprisonment for respondent's first violation of any
5

order of protection; and
6

(iii) impose a minimum penalty of 48 hours
7

imprisonment for respondent's second or subsequent
8

violation of an order of protection
9

unless the court explicitly finds that an increased
10

penalty or that period of imprisonment would be manifestly
11

unjust.
12

(4) In addition to any other penalties imposed for a
13

violation of an order of protection, a criminal court may
14

consider evidence of any violations of an order of
15

protection:
16

(i) to increase, revoke or modify the conditions
17

of pretrial release on an underlying criminal charge
18

pursuant to Section 110-6 of the Code of Criminal
19

Procedure of 1963;
20

(ii) to revoke or modify an order of probation,
21

conditional discharge or supervision, pursuant to
22

Section 5-6-4 of the Unified Code of Corrections;
23

(iii) to revoke or modify a sentence of periodic
24

imprisonment, pursuant to Section 5-7-2 of the Unified
25

Code of Corrections.
26

(5) In addition to any other penalties, the court

SB3044 Enrolled
- 45 -
LRB104 17940 JRC 31377 b
1

shall impose an additional fine of $20 as authorized by
2

Section 5-9-1.11 of the Unified Code of Corrections upon
3

any person convicted of or placed on supervision for a
4

violation of an order of protection. The additional fine
5

shall be imposed for each violation of this Section.
6
(Source: P.A. 102-890, eff. 5-19-22; 103-407, eff. 7-28-23.)

7

Section 99.
Effective date.
This Act takes effect January
8
1, 2028.

Footer

Disclaimer

This site is maintained for the Illinois General Assembly by the
Legislative Information System, 705 Stratton Building, Springfield, Illinois 62706.

Contact ILGA Webmaster

ILGA.gov uses cookies to ensure you get the best experience on our website. By continuing to browse ILGA.gov you consent to our use of cookies.
Read About Cookies

ILGA.GOV

2026 ILGA.gov | All Rights Reserved |
ADA

|
Disclaimers
|
Learn

This site is maintained for the Illinois General Assembly by the
Legislative Information System, 705 Stratton Building, Springfield, Illinois 62706.
Contact ILGA Webmaster

ILGA.gov uses cookies to ensure you get the best experience on our website. By continuing to browse ILGA.gov you consent to our use of cookies.
Read About Cookies

ILGA.GOV

2026 ILGA.gov | All Rights Reserved |
ADA

|
Disclaimers
|
Learn