Chapter 725 — CRIMINAL PROCEDURE

(725 ILCS 5/112A-1.5) Sec. 112A-1.5. Purpose and construction. The purpose of this Article is to protect the safety of victims of domestic violence, sexual assault, sexual abuse, and stalking and the safety of their family and household members; and to minimize the trauma and inc…

(725 ILCS 5/112A-10) (from Ch. 38, par. 112A-10) Sec. 112A-10. (Repealed). (Source: P.A. 99-240, eff. 1-1-16. Repealed by P.A. 100-199, eff. 1-1-18.)

(725 ILCS 5/112A-11) (from Ch. 38, par. 112A-11) Sec. 112A-11. (Repealed). (Source: P.A. 84-1305. Repealed by P.A. 100-199, eff. 1-1-18.)

(725 ILCS 5/112A-11.1) Sec. 112A-11.1. Procedure for determining whether certain misdemeanor crimes are crimes of domestic violence for purposes of federal law. (a) When a defendant has been charged with a violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or 12-3.5 of the Cr…

(725 ILCS 5/112A-11.2) Sec. 112A-11.2. Notification to the Illinois State Police Firearm Owner's Identification Card Office of determinations in certain misdemeanor cases. Upon judgment of conviction of a violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or 12-3.5 of the Cri…

(725 ILCS 5/112A-11.5) Sec. 112A-11.5. Issuance of protective order. (a) Except as provided in subsection (a-5) of this Section, the court shall grant the petition and enter a protective order if the court finds prima facie evidence that a crime involving domestic violence, a sex…

(725 ILCS 5/112A-12) (from Ch. 38, par. 112A-12) Sec. 112A-12. Transfer of issues not decided in cases involving domestic violence. (a) (Blank). (a-5) A petition for a domestic violence order of protection shall be treated as an expedited proceeding, and no court shall transfer o…

(725 ILCS 5/112A-13) (from Ch. 38, par. 112A-13) Sec. 112A-13. (Repealed). (Source: P.A. 91-357, eff. 7-29-99. Repealed by P.A. 100-199, eff. 1-1-18.)

(725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14) Sec. 112A-14. Domestic violence order of protection; remedies. (a) (Blank). (b) The court may order any of the remedies listed in this subsection (b). The remedies listed in this subsection (b) shall be in addition to other civil o…

(725 ILCS 5/112A-14.5) Sec. 112A-14.5. Civil no contact order; remedies. (a) The court may order any of the remedies listed in this Section. The remedies listed in this Section shall be in addition to other civil or criminal remedies available to petitioner: (1) prohibit the resp…

(725 ILCS 5/112A-14.7) Sec. 112A-14.7. Stalking no contact order; remedies. (a) The court may order any of the remedies listed in this Section. The remedies listed in this Section shall be in addition to other civil or criminal remedies available to petitioner. A stalking no cont…

(725 ILCS 5/112A-15) (from Ch. 38, par. 112A-15) Sec. 112A-15. Mutual orders of protection; correlative separate orders. Mutual orders of protection are prohibited. Correlative separate orders of protection undermine the purposes of this Article and are prohibited. Nothing in thi…

(725 ILCS 5/112A-16) (from Ch. 38, par. 112A-16) Sec. 112A-16. Accountability for actions of others. For the purposes of issuing a domestic violence order of protection, deciding what remedies should be included and enforcing the order, Article 5 of the Criminal Code of 2012 shal…

(725 ILCS 5/112A-17) (from Ch. 38, par. 112A-17) Sec. 112A-17. (Repealed). (Source: P.A. 97-333, eff. 8-12-11. Repealed by P.A. 100-199, eff. 1-1-18.)

(725 ILCS 5/112A-17.5) Sec. 112A-17.5. Ex parte protective orders. (a) The petitioner may request expedited consideration of the petition for an ex parte protective order. The court shall consider the request on an expedited basis without requiring the respondent's presence or re…

(725 ILCS 5/112A-18) (from Ch. 38, par. 112A-18) Sec. 112A-18. (Repealed). (Source: P.A. 87-1186. Repealed by P.A. 100-199, eff. 1-1-18.)

(725 ILCS 5/112A-19) (from Ch. 38, par. 112A-19) Sec. 112A-19. (Repealed). (Source: P.A. 84-1305. Repealed by P.A. 100-199, eff. 1-1-18.)

(725 ILCS 5/112A-2) (from Ch. 38, par. 112A-2) Sec. 112A-2. (Repealed). (Source: P.A. 98-558, eff. 1-1-14. Repealed by P.A. 100-199, eff. 1-1-18.)

(725 ILCS 5/112A-2.5) Sec. 112A-2.5. Types of protective orders. The following protective orders may be entered in conjunction with a delinquency petition or a criminal prosecution: (1) a domestic violence order of protection in cases involving domestic violence; (2) a civil no c…

(725 ILCS 5/112A-20) (from Ch. 38, par. 112A-20) Sec. 112A-20. Duration and extension of final protective orders. (a) (Blank). (b) A final protective order shall remain in effect as follows: (1) if entered during pre-trial release, until disposition, withdrawal, or dismissal of t…

(725 ILCS 5/112A-21) (from Ch. 38, par. 112A-21) Sec. 112A-21. Contents of orders. (a) Any domestic violence order of protection shall describe, in reasonable detail and not by reference to any other document, the following: (1) Each remedy granted by the court, in reasonable det…

(725 ILCS 5/112A-21.5) Sec. 112A-21.5. Contents of civil no contact 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 sh…

(725 ILCS 5/112A-21.7) Sec. 112A-21.7. Contents of stalking no contact orders. (a) Any stalking 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…

(725 ILCS 5/112A-22) (from Ch. 38, par. 112A-22) Sec. 112A-22. Notice of orders. (a) Entry and issuance. Upon issuance of any protective order, the clerk shall immediately, or on the next court day if an ex parte order is issued under subsection (e) of Section 112A-17.5 of this C…

(725 ILCS 5/112A-22.1) Sec. 112A-22.1. Short form notification. (a) Instead of personal service of a protective order under Section 112A-22 of this Code, a sheriff, other law enforcement official, special process server, or personnel assigned by the Department of Corrections or D…

(725 ILCS 5/112A-22.10) Sec. 112A-22.10. (Repealed). (Source: P.A. 97-50, eff. 6-28-11; 98-558, eff. 1-1-14. Repealed by P.A. 100-199, eff. 1-1-18.)

(725 ILCS 5/112A-22.3) Sec. 112A-22.3. Withdrawal or dismissal of charges or petition. (a) Voluntary dismissal or withdrawal of any delinquency petition or criminal prosecution or a finding of not guilty shall not require dismissal or vacation of the protective order; instead, at…

(725 ILCS 5/112A-22.5) Sec. 112A-22.5. (Repealed). (Source: P.A. 91-903, eff. 1-1-01. Repealed by P.A. 100-199, eff. 1-1-18.)

(725 ILCS 5/112A-23) (from Ch. 38, par. 112A-23) Sec. 112A-23. Enforcement of protective orders. (a) When violation is crime. A violation of any protective order, whether issued in a civil, quasi-criminal proceeding or by a military judge, shall be enforced by a criminal court wh…

(725 ILCS 5/112A-24) (from Ch. 38, par. 112A-24) Sec. 112A-24. Modification, re-opening, and extension of orders. (a) Except as otherwise provided in this Section, upon motion by petitioner, petitioner's counsel, or the State's Attorney on behalf of the petitioner, the court may …

(725 ILCS 5/112A-25) (from Ch. 38, par. 112A-25) Sec. 112A-25. Immunity from prosecution. Any individual or organization acting in good faith to report the abuse of any person 60 years of age or older or to do any of the following in complying with the provisions of this Article …

(725 ILCS 5/112A-26) (from Ch. 38, par. 112A-26) Sec. 112A-26. Arrest without warrant. (a) Any law enforcement officer may make an arrest without warrant if the officer has probable cause to believe that the person has committed or is committing any crime, including but not limit…

(725 ILCS 5/112A-27) (from Ch. 38, par. 112A-27) Sec. 112A-27. Law enforcement policies. (a) Every law enforcement agency shall develop, adopt, and implement written policies regarding arrest procedures for domestic violence incidents consistent with the provisions of this Articl…

(725 ILCS 5/112A-28) (from Ch. 38, par. 112A-28) Sec. 112A-28. Data maintenance by law enforcement agencies. (a) All sheriffs shall furnish to the Illinois State Police, daily, in the form and detail the Illinois State Police requires, copies of any recorded protective orders iss…

(725 ILCS 5/112A-29) (from Ch. 38, par. 112A-29) Sec. 112A-29. Reports by law enforcement officers. (a) Every law enforcement officer investigating an alleged incident of abuse between family or household members shall make a written police report of any bona fide allegation and …

(725 ILCS 5/112A-3) (from Ch. 38, par. 112A-3) Sec. 112A-3. Definitions. (a) In this Article: "Advocate" means a person whose communications with the victim are privileged under Section 8-802.1 or 8-802.2 of the Code of Civil Procedure or Section 227 of the Illinois Domestic Viol…

(725 ILCS 5/112A-30) (from Ch. 38, par. 112A-30) Sec. 112A-30. Assistance by law enforcement officers. (a) Whenever a law enforcement officer has reason to believe that a person has been abused by a family or household member, the officer shall immediately use all reasonable mean…

(725 ILCS 5/112A-31) (from Ch. 38, par. 112A-31) Sec. 112A-31. Limited law enforcement liability. Any act of omission or commission by any law enforcement officer acting in good faith in rendering emergency assistance or otherwise enforcing this Article shall not impose civil lia…

(725 ILCS 5/112A-4) (from Ch. 38, par. 112A-4) Sec. 112A-4. Persons protected by this Article. (a) The following persons are protected by this Article in cases involving domestic violence: (1) any person abused by a family or household member; (2) any minor child or dependent adu…

(725 ILCS 5/112A-4.5) Sec. 112A-4.5. Who may file petition. (a) A petition for a domestic violence order of protection may be filed: (1) by a named victim who has been abused by a family or household member; (2) by any person or by the State's Attorney on behalf of a named victim…

(725 ILCS 5/112A-5) (from Ch. 38, par. 112A-5) Sec. 112A-5. Pleading; non-disclosure of address. (a) A petition for a protective order shall be filed in conjunction with a delinquency petition or criminal prosecution, or in conjunction with imprisonment or a bond forfeiture warra…

(725 ILCS 5/112A-5.5) Sec. 112A-5.5. Time for filing petition; service on respondent, hearing on petition, and default orders. (a) A petition for a protective order may be filed at any time, in person or online, after a criminal charge or delinquency petition is filed and before …

(725 ILCS 5/112A-6) (from Ch. 38, par. 112A-6) Sec. 112A-6. (Repealed). (Source: P.A. 90-235, eff. 1-1-98. Repealed by P.A. 100-199, eff. 1-1-18.)

(725 ILCS 5/112A-6.1) Sec. 112A-6.1. Application of rules of civil procedure; criminal law. (a) Any proceeding to obtain, modify, re-open, or appeal a protective order and service of pleadings and notices shall be governed by the rules of civil procedure of this State. The Code o…

(725 ILCS 5/112A-7) (from Ch. 38, par. 112A-7) Sec. 112A-7. (Repealed). (Source: P.A. 88-45. Repealed by P.A. 100-199, eff. 1-1-18.)

(725 ILCS 5/112A-8) (from Ch. 38, par. 112A-8) Sec. 112A-8. Subject matter jurisdiction. Each of the circuit courts shall have the power to issue protective orders. (Source: P.A. 100-597, eff. 6-29-18.)

(725 ILCS 5/112A-9) (from Ch. 38, par. 112A-9) Sec. 112A-9. Jurisdiction over persons. In child custody proceedings, the court's personal jurisdiction is determined by this State's Uniform Child-Custody Jurisdiction and Enforcement Act. Otherwise, the courts of this State have ju…

(725 ILCS 5/113-1) (from Ch. 38, par. 113-1) Sec. 113-1. Procedure on arraignment. Before any person is tried for the commission of an offense he shall be called into open court, informed of the charge against him, and called upon to plead thereto. If the defendant so requests th…

(725 ILCS 5/113-2) (from Ch. 38, par. 113-2) Sec. 113-2. Joint defendants. Defendants who are jointly charged may be arraigned separately or together in the discretion of the court. (Source: Laws 1963, p. 2836.)

(725 ILCS 5/113-3) (from Ch. 38, par. 113-3) Sec. 113-3. (a) Every person charged with an offense shall be allowed counsel before pleading to the charge. If the defendant desires counsel and has been unable to obtain same before arraignment the court shall recess court or continu…