ILCS » Chapter 725 · Act 5
Illinois Compiled Statutes

725 ILCS 5/112A-11.5 (2026)

Issuance of protective order

✓ current as of May 2026
Find cases: SyfertCases citing this section IL-ILGAilga.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar
(725 ILCS 5/112A-11.5)
    Sec. 112A-11.5. Issuance of protective order.
    (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.
(Source: P.A. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18.)

    
Notes of Decisions
Cited in 3 cases (2 in the last 5 years), 2020–2026 · leading case: People v. Deleon, 2020 IL 124744 (Ill. 2020).
Sort: Relevance Newest Treatment
People v. Deleon, 2020 IL 124744 (Ill. 2020). · cites it 3× “5 (West 2018)), which permits the issuance of a protective order in a crime involving domestic violence, a sexual offense, or stalking, is unconstitutional on its face and as applied to defendant. The circuit court of Cook County held the statute unconstitutional, as violative…”
Nesemeier v. Zarate, 2026 IL App (4th) 250631 (Ill. App. Ct. 2026). · cites it 4× “5 of the Procedure Code (725 ILCS 5/112A-11.5 (West 2024)). In her response, petitioner argued that, although respondent had not been convicted of a sex offense under article 11 of the Criminal Code of 2012 (Criminal Code) (720 ILCS 5/art.”
People v. Rubini, 2026 IL App (2d) 250140-U (Ill. App. Ct. 2026). “5(a) of the Code of Criminal Procedure of 1963 (725 ILCS 5/112A-11.5(a) (West 2018)), which provides for entry of a “protective order” where there is prima facie evidence of, inter alia, a sexual offense.”
— 725 ILCS 5/112A-11.5(a) — 1 case
People v. Rubini, 2026 IL App (2d) 250140-U (Ill. App. Ct. 2026). “5(a) of the Code of Criminal Procedure of 1963 (725 ILCS 5/112A-11.5(a) (West 2018)), which provides for entry of a “protective order” where there is prima facie evidence of, inter alia, a sexual offense.”
— 725 ILCS 5/112A-11.5(a)(4) — 1 case
Nesemeier v. Zarate, 2026 IL App (4th) 250631 (Ill. App. Ct. 2026). “5 of the Procedure Code (725 ILCS 5/112A-11.5 (West 2024)). In her response, petitioner argued that, although respondent had not been convicted of a sex offense under article 11 of the Criminal Code of 2012 (Criminal Code) (720 ILCS 5/art.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.