DOM VIOLENCE-ORDERS

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SB3935 - 104th General Assembly

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3935

Introduced 2/6/2026, by Sen. Robert Peters

SYNOPSIS AS INTRODUCED:

725 ILCS 5/112A-11.5
750 ILCS 60/201

from Ch. 40, par. 2312-1

Amends the Code of Criminal Procedure of 1963. Provides that a
petitioner may not be denied a protective order because the petitioner or
the respondent is a minor or solely upon the basis that the respondent or
petitioner is incarcerated in a penal institution at the time of the
issuance of the order. Amends the Illinois Domestic Violence Act of 1986.
Provides that a petition for an order of protection may be filed by: (i) a
crime victim who was abused by an family or household member before the
incarceration of the offender in a penal institution, and the offender is
incarcerated in a penal institution at the time of the filing of the
petition; or (ii) any person who has previously suffered abuse by a family
or household member convicted of domestic battery, aggravated domestic
battery, aggravated battery; any other offense that would constitute
domestic violence; or a violent crime as defined in the Rights of Crime
Victims and Witnesses Act committed against another person. Effective
immediately.
LRB104 18060 JRC 31499 b

A BILL FOR

SB3935
LRB104 18060 JRC 31499 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 Code of Criminal Procedure of 1963 is
5
amended by changing Section 112A-11.5 as follows:

6

(725 ILCS 5/112A-11.5)
7

Sec. 112A-11.5.
Issuance of protective order.
8

(a) Except as provided in subsection (a-5) of this
9
Section, the court shall grant the petition and enter a
10
protective order if the court finds prima facie evidence that
11
a crime involving domestic violence, a sexual offense, or a
12
crime involving stalking has been committed. The following
13
shall be considered prima facie evidence of the crime:
14

(1) an information, complaint, indictment, or
15

delinquency petition, charging a crime of domestic
16

violence, a sexual offense, or stalking or charging an
17

attempt to commit a crime of domestic violence, a sexual
18

offense, or stalking;
19

(2) an adjudication of delinquency, a finding of guilt
20

based upon a plea, or a finding of guilt after a trial for
21

a crime of domestic battery, a sexual crime, or stalking
22

or an attempt to commit a crime of domestic violence, a
23

sexual offense, or stalking;

SB3935
- 2 -
LRB104 18060 JRC 31499 b
1

(3) any dispositional order issued under Section 5-710
2

of the Juvenile Court Act of 1987, the imposition of
3

supervision, conditional discharge, probation, periodic
4

imprisonment, parole, aftercare release, or mandatory
5

supervised release for a crime of domestic violence, a
6

sexual offense, or stalking or an attempt to commit a
7

crime of domestic violence, a sexual offense, or stalking,
8

or imprisonment in conjunction with a bond forfeiture
9

warrant; or
10

(4) the entry of a protective order in a separate
11

civil case brought by the petitioner against the
12

respondent.
13

(a-5) The respondent may rebut prima facie evidence of the
14
crime under paragraph (1) of subsection (a) of this Section by
15
presenting evidence of a meritorious defense. The respondent
16
shall file a written notice alleging a meritorious defense
17
which shall be verified and supported by affidavit. The
18
verified notice and affidavit shall set forth the evidence
19
that will be presented at a hearing. If the court finds that
20
the evidence presented at the hearing establishes a
21
meritorious defense by a preponderance of the evidence, the
22
court may decide not to issue a protective order.
23

(b) The petitioner shall not be denied a protective order
24
because the petitioner or the respondent is a minor
or solely
25
upon the basis that the respondent or petitioner is
26
incarcerated in a penal institution at the time of the

SB3935
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LRB104 18060 JRC 31499 b
1
issuance of the order
.
2

(c) The court, when determining whether or not to issue a
3
protective order, may not require physical injury on the
4
person of the victim.
5

(d) If the court issues a final protective order under
6
this Section, the court shall afford the petitioner and
7
respondent an opportunity to be heard on the remedies
8
requested in the petition.
9
(Source: P.A. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18.)

10

Section 10.
The Illinois Domestic Violence Act of 1986 is
11
amended by changing Section 201 as follows:

12

(750 ILCS 60/201)

(from Ch. 40, par. 2312-1)
13

Sec. 201.
Persons protected by this Act.
14

(a) The following persons are protected by this Act:
15

(i) any person abused by a family or household member;
16

(ii) any high-risk adult with disabilities who is
17

abused, neglected, or exploited by a family or household
18

member;
19

(iii) any minor child or dependent adult in the care
20

of such person;
21

(iv) any person residing or employed at a private home
22

or public shelter which is housing an abused family or
23

household member; and
24

(v) any of the following persons if the person is

SB3935
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LRB104 18060 JRC 31499 b
1

abused by a family or household member of a child:
2

(A) a foster parent of that child if the child has
3

been placed in the foster parent's home by the
4

Department of Children and Family Services or by
5

another state's public child welfare agency;
6

(B) a legally appointed guardian or legally
7

appointed custodian of that child;
8

(C) an adoptive parent of that child; or
9

(D) a prospective adoptive parent of that child if
10

the child has been placed in the prospective adoptive
11

parent's home pursuant to the Adoption Act or pursuant
12

to another state's law.
13

For purposes of this paragraph (a)(v), individuals who
14

would have been considered "family or household members"
15

of the child under subsection (6) of Section 103 of this
16

Act before a termination of the parental rights with
17

respect to the child continue to meet the definition of
18

"family or household members" of the child.
19

(b) A petition for an order of protection may be filed
20
only:
21

(i) by a person who has been abused by a family or
22

household member or by any person on behalf of a minor
23

child or an adult who has been abused by a family or
24

household member and who, because of age, health,
25

disability, or inaccessibility, cannot file the petition;
26

(ii) by any person on behalf of a high-risk adult with

SB3935
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LRB104 18060 JRC 31499 b
1

disabilities who has been abused, neglected, or exploited
2

by a family or household member;
3

(iii) by any of the following persons if the person is
4

abused by a family or household member of a child:
5

(A) a foster parent of that child if the child has
6

been placed in the foster parent's home by the
7

Department of Children and Family Services or by
8

another state's public child welfare agency;
9

(B) a legally appointed guardian or legally
10

appointed custodian of that child;
11

(C) an adoptive parent of that child;
12

(D) a prospective adoptive parent of that child if
13

the child has been placed in the prospective adoptive
14

parent's home pursuant to the Adoption Act or pursuant
15

to another state's law.
16

For purposes of this paragraph (b)(iii), individuals
17

who would have been considered "family or household
18

members" of the child under subsection (6) of Section 103
19

of this Act before a termination of the parental rights
20

with respect to the child continue to meet the definition
21

of "family or household members" of the child;
22

(iv) by a crime victim who was abused by
a family or
23

household member

an offender
prior to the incarceration of
24

the offender in a penal institution and such offender is
25

incarcerated in a penal institution at the time of the
26

filing of the petition; or

SB3935
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LRB104 18060 JRC 31499 b
1

(v) by any person who has previously suffered abuse by
2

a
family or household member

person
convicted of (1)
3

domestic battery, aggravated domestic battery, aggravated
4

battery, or any other offense that would constitute
5

domestic violence or (2) a violent crime, as defined in
6

Section 3 of the Rights of Crime Victims and Witnesses
7

Act, committed against another person.
8

A petition for an order of protection may not be denied
9
solely upon the basis that the respondent or petitioner is
10
incarcerated in a penal institution at the time of the filing
11
of the petition.
12

(c) Any petition properly filed under this Act may seek
13
protection for any additional persons protected by this Act.
14
(Source: P.A. 104-11, eff. 6-20-25.)

15

Section 99.
Effective date.
This Act takes effect upon
16
becoming law.

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