Sec. 112A-20. Duration and extension of final protective orders.

593 words·~3 min read·/il/chapter-725/act-5/112a-20

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(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

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 domestic violence order of protection, however, shall be terminated by a dismissal that is accompanied by the issuance of a bond forfeiture warrant;

(3)until 2 years after the expiration of any supervision, conditional discharge,

probation, periodic imprisonment, parole, aftercare release, or mandatory supervised release for domestic violence orders of protection and civil no contact orders;

(4)until 2 years after the date set by the court for expiration of any sentence of

imprisonment and subsequent parole, aftercare release, or mandatory supervised release for domestic violence orders of protection and civil no contact orders;

(5)permanent for a stalking no contact order if a judgment of conviction for stalking

is entered; or

(6)permanent for a civil no contact order at the victim's request if a judgment of

conviction for criminal sexual assault, aggravated criminal sexual assault, criminal sexual abuse, excluding a conviction under subsection

(c)of Section 11-1.50 of the Criminal Code of 2012, or aggravated criminal sexual abuse is entered.

(c)Computation of time. The duration of a domestic violence order of protection shall not be reduced by the duration of any prior domestic violence order of protection.

(d)Law enforcement records. When a protective order expires upon the occurrence of a specified event, rather than upon a specified date as provided in subsection (b), no expiration date shall be entered in Illinois State Police records. To remove the protective order from those records, either the petitioner or the respondent shall request the clerk of the court to file a certified copy of an order stating that the specified event has occurred or that the protective order has been vacated or modified with the sheriff, and the sheriff shall direct that law enforcement records shall be promptly corrected in accordance with the filed order.

(e)Extension of Orders. Any domestic violence order of protection or civil no contact order that expires 2 years after the expiration of the defendant's sentence under paragraph (2), (3), or

(4)of subsection

(b)of Section 112A-20 of this Article may be extended one or more times, as required. The petitioner, petitioner's counsel, or the State's Attorney on the petitioner's behalf shall file the motion for an extension of the final protective order in the criminal case and serve the motion in accordance with Supreme Court Rules 11 and 12. The court shall transfer the motion to the appropriate court or division for consideration under subsection

(e)of Section 220 of the Illinois Domestic Violence Act of 1986, subsection

(c)of Section 216 of the Civil No Contact Order Act, or subsection

(c)of Section 105 of the Stalking No Contact Order as appropriate.

(f)Termination date. Any final protective order which would expire on a court holiday shall instead expire at the close of the next court business day.

(g)Statement of purpose. The practice of dismissing or suspending a criminal prosecution in exchange for issuing a protective order undermines the purposes of this Article. This Section shall not be construed as encouraging that practice.