(a) Nothing in this Act shall preclude any Illinois court from enforcing a valid protective order issued in another state or by a military judge.
     (b) Illinois courts may enforce civil no contact orders through both criminal proceedings and civil contempt proceedings, unless the action which is second in time is barred by collateral estoppel or the constitutional prohibition against double jeopardy.

Terms Used In Illinois Compiled Statutes 740 ILCS 22/220

  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Dependent: A person dependent for support upon another.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • State: when applied to different parts of the United States, may be construed to include the District of Columbia and the several territories, and the words "United States" may be construed to include the said district and territories. See Illinois Compiled Statutes 5 ILCS 70/1.14
  • Statute: A law passed by a legislature.
  • United States: may be construed to include the said district and territories. See Illinois Compiled Statutes 5 ILCS 70/1.14
  • Venue: The geographical location in which a case is tried.

     (b-1) The court shall not hold a school district or private or non-public school or any of its employees in civil or criminal contempt unless the school district or private or non-public school has been allowed to intervene.
     (b-2) The court may hold the parents, guardian, or legal custodian of a minor respondent in civil or criminal contempt for a violation of any provision of any order entered under this Act for conduct of the minor respondent in violation of this Act if the parents, guardian, or legal custodian directed, encouraged, or assisted the respondent minor in such conduct.
     (c) Criminal prosecution. A violation of any civil no contact order, whether issued in a civil or criminal proceeding or by a military judge, shall be enforced by a criminal court when the respondent commits the crime of violation of a civil no contact order pursuant to Section 219 by having knowingly violated:
         (1) remedies described in Section 213 and included in
    
a civil no contact order; or
        (2) a provision of an order, which is substantially
    
similar to provisions of Section 213, in a valid civil no contact order which is authorized under the laws of another state, tribe, or United States territory.
    Prosecution for a violation of a civil no contact order shall not bar a concurrent prosecution for any other crime, including any crime that may have been committed at the time of the violation of the civil no contact order.
     (d) Contempt of court. A violation of any valid Illinois civil no contact order, whether issued in a civil or criminal proceeding, may be enforced through civil or criminal contempt procedures, as appropriate, by any court with jurisdiction, regardless of where the act or acts which violated the civil no contact order were committed, to the extent consistent with the venue provisions of this Act.
         (1) In a contempt proceeding where the petition for a
    
rule to show cause or petition for adjudication of criminal contempt sets forth facts evidencing an immediate danger that the respondent will flee the jurisdiction or inflict physical abuse on the petitioner or minor children or on dependent adults in the petitioner’s care, the court may order the attachment of the respondent without prior service of the petition for a rule to show cause, the rule to show cause, the petition for adjudication of criminal contempt or the adjudication of criminal contempt. Conditions of release shall be set unless specifically denied in writing.
        (2) A petition for a rule to show cause or a petition
    
for adjudication of criminal contempt for violation of a civil no contact order shall be treated as an expedited proceeding.
    (e) Actual knowledge. A civil no contact order may be enforced pursuant to this Section if the respondent violates the order after the respondent has actual knowledge of its contents as shown through one of the following means:
         (1) by service, delivery, or notice under Section 208;
         (2) by notice under Section 218;
         (3) by service of a civil no contact order under
    
Section 218; or
        (4) by other means demonstrating actual knowledge of
    
the contents of the order.
    (f) The enforcement of a civil no contact order in civil or criminal court shall not be affected by either of the following:
         (1) the existence of a separate, correlative order,
    
entered under Section 202; or
        (2) any finding or order entered in a conjoined
    
criminal proceeding.
    (g) Circumstances. The court, when determining whether or not a violation of a civil no contact order has occurred, shall not require physical manifestations of abuse on the person of the victim.
     (h) Penalties.
         (1) Except as provided in paragraph (3) of this
    
subsection, where the court finds the commission of a crime or contempt of court under subsection (a) or (b) of this Section, the penalty shall be the penalty that generally applies in such criminal or contempt proceedings, and may include one or more of the following: incarceration, payment of restitution, a fine, payment of attorneys’ fees and costs, or community service.
        (2) The court shall hear and take into account
    
evidence of any factors in aggravation or mitigation before deciding an appropriate penalty under paragraph (1) of this subsection.
        (3) To the extent permitted by law, the court is
    
encouraged to:
            (i) increase the penalty for the knowing
        
violation of any civil no contact order over any penalty previously imposed by any court for respondent’s violation of any civil no contact order or penal statute involving petitioner as victim and respondent as defendant;
            (ii) impose a minimum penalty of 24 hours
        
imprisonment for respondent’s first violation of any civil no contact order; and
            (iii) impose a minimum penalty of 48 hours
        
imprisonment for respondent’s second or subsequent violation of a civil no contact order unless the court explicitly finds that an increased penalty or that period of imprisonment would be manifestly unjust.
        (4) In addition to any other penalties imposed for a
    
violation of a civil no contact order, a criminal court may consider evidence of any previous violations of a civil no contact order:
            (i) to modify the conditions of pretrial release
        
on an underlying criminal charge pursuant to Section 110-6 of the Code of Criminal Procedure of 1963;
            (ii) to revoke or modify an order of probation,
        
conditional discharge or supervision, pursuant to § 5-6-4 of the Unified Code of Corrections; or
            (iii) to revoke or modify a sentence of periodic
        
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