{"data":{"id":"us-il/725-ilcs-5-112a-11.5","jurisdiction":"us-il","citation":"725 ILCS 5/112A-11.5","heading":"Issuance of protective order.","body":"(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:\n(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;\n(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;\n(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\n(4) the entry of a protective order in a separate civil case brought by the petitioner against the respondent.\n(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.\n(b) The petitioner shall not be denied a protective order because the petitioner or the respondent is a minor or solely upon the basis that the respondent or petitioner is incarcerated in a penal institution at the time of the issuance of the order.\n(c) The court, when determining whether or not to issue a protective order, may not require physical injury on the person of the victim.\n(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.","path":["CHAPTER 725 CRIMINAL PROCEDURE","Code of Criminal Procedure of 1963."],"source_url":"https://www.ilga.gov/legislation/ILCS/details?ActID=1966\u0026ChapterID=54\u0026ChapAct=FullText\u0026Print=True","current_through":"at least Public Act 104-790","vintage":"","retrieved_at":"2026-09-15T04:46:42Z","sha256":"dbd4e497c63b253aeb41d3d0436449a933f6f4b3e9f66fdf1595f8a1c53b6efa","source_id":"us-il","stale":false,"prev":"us-il/725-ilcs-5-112a-11.2","next":"us-il/725-ilcs-5-112a-12"},"notice":"GroundRules: Original legal text. Not legal advice."}