Subject Index Orders of Protection

The Illinois General Assembly amended the Stalking No Contact Order Act. Upon filing a petition for an emergency no-contact order, only the court, petitioner, victim advocate, counsel for either party, law enforcement, and the county’s state’s attorney can access the file and petition until the order is served on a respondent.

This Act amends the Civil No Contact Order Act to allow any family or household member of a survivor of sexual assault to file petitions for no-contact orders.

Individuals with orders of protection issued against them soon will have their Firearm Owner's Identification (FOID) Card revoked, requiring them to surrender their guns to a local law enforcement agency for safekeeping.

On February 20, 2009, the Illinois Supreme Court reversed the decision of the Illinois Appellate Court, Third District, thereby affirming the decision of the Circuit Court of Cook County which dismissed the plaintiff's complaint because there was no genuine issue of material fact with regard to a defendant's enforcement of the Illinois Domestic Violence Act of 1986 (750 ILCS 60/101 et seq (2002)).

The Illinois General Assembly amended Section 602.1 of the Illinois Marriage and Dissolution of Marriage Act and Section 222 of the Illinois Domestic Violence Act to prohibit health care providers from releasing a child's health care records to any respondent listed in an order of protection. 750 ILCS 5/602.1, 750 ILCS 60/222.

On June 6, 2006, the Illinois Appellate Court, Second District, reversed the decision of the Circuit Court of DuPage County, which had ordered the issuance of a two-year plenary order of protection based upon testimony by respondent's ex-wife stating their daughter returned with a large welt on her leg after spending 11 hours with the respondent.

In July, Gov. Ryan signed legislation authorizing courts to notify schools (including public and private schools and colleges and universities) and day-care facilities if a child is the subject of an order of protection.

According to Public Act 90-734, domestic battery committed by a defendant with a prior conviction for violating an order of protection is a Class 4 felony.