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

399 words·~2 min read·/il/chapter-725/act-5/112a-11-5

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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 sexual offense, or a crime involving stalking has been committed. The following shall be considered prima facie evidence of the crime:

(1)an information, complaint, indictment, or delinquency petition, charging a crime of

domestic violence, a sexual offense, or stalking or charging an attempt to commit a crime of domestic violence, a sexual offense, or stalking;

(2)an adjudication of delinquency, a finding of guilt based upon a plea, or a finding

of guilt after a trial for a crime of domestic battery, a sexual crime, or stalking or an attempt to commit a crime of domestic violence, a sexual offense, or stalking;

(3)any dispositional order issued under Section 5-710 of the Juvenile Court Act of

1987, the imposition of supervision, conditional discharge, probation, periodic imprisonment, parole, aftercare release, or mandatory supervised release for a crime of domestic violence, a sexual offense, or stalking or an attempt to commit a crime of domestic violence, a sexual offense, or stalking, or imprisonment in conjunction with a bond forfeiture warrant; or

(4)the entry of a protective order in a separate civil case brought by the petitioner

against the respondent.

(a-5) The respondent may rebut prima facie evidence of the crime under paragraph

(1)of subsection

(a)of this Section by presenting evidence of a meritorious defense. The respondent shall file a written notice alleging a meritorious defense which shall be verified and supported by affidavit. The verified notice and affidavit shall set forth the evidence that will be presented at a hearing. If the court finds that the evidence presented at the hearing establishes a meritorious defense by a preponderance of the evidence, the court may decide not to issue a protective order.

(b)The petitioner shall not be denied a protective order because the petitioner or the respondent is a minor.

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

(d)If the court issues a final protective order under this Section, the court shall afford the petitioner and respondent an opportunity to be heard on the remedies requested in the petition.