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Illinois Compiled Statutes

750 ILCS 60/103 (2026)

Definitions

✓ current as of May 2026
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(750 ILCS 60/103) (from Ch. 40, par. 2311-3)
    Sec. 103. Definitions. For the purposes of this Act, the following terms shall have the following meanings:
    (1) "Abuse" means physical abuse, harassment, intimidation of a dependent, interference with personal liberty or willful deprivation but does not include reasonable direction of a minor child by a parent or person in loco parentis.
    (2) "Adult with disabilities" means an elder adult with disabilities or a high-risk adult with disabilities. A person may be an adult with disabilities for purposes of this Act even though he or she has never been adjudicated an incompetent adult. However, no court proceeding may be initiated or continued on behalf of an adult with disabilities over that adult's objection, unless such proceeding is approved by his or her legal guardian, if any.
    (3) "Domestic violence" means abuse as defined in paragraph (1).
    (4) "Elder adult with disabilities" means an adult prevented by advanced age from taking appropriate action to protect himself or herself from abuse by a family or household member.
    (5) "Exploitation" means the illegal, including tortious, use of a high-risk adult with disabilities or of the assets or resources of a high-risk adult with disabilities. Exploitation includes, but is not limited to, the misappropriation of assets or resources of a high-risk adult with disabilities by undue influence, by breach of a fiduciary relationship, by fraud, deception, or extortion, or the use of such assets or resources in a manner contrary to law.
    (6) "Family or household members" include spouses, former spouses, parents, children, stepchildren and other persons related by blood or by present or prior marriage, persons who share or formerly shared a common dwelling, persons who have or allegedly have a child in common, persons who share or allegedly share a blood relationship through a child, persons who have or have had a dating or engagement relationship, persons with disabilities and their personal assistants, and caregivers as defined in Section 12-4.4a of the Criminal Code of 2012. For purposes of this paragraph, neither a casual acquaintanceship nor ordinary fraternization between 2 individuals in business or social contexts shall be deemed to constitute a dating relationship. In the case of a high-risk adult with disabilities, "family or household members" includes any person who has the responsibility for a high-risk adult as a result of a family relationship or who has assumed responsibility for all or a portion of the care of a high-risk adult with disabilities voluntarily, or by express or implied contract, or by court order.
    (7) "Harassment" means knowing conduct which is not necessary to accomplish a purpose that is reasonable under the circumstances; would cause a reasonable person emotional distress; and does cause emotional distress to the petitioner. Unless the presumption is rebutted by a preponderance of the evidence, the following types of conduct shall be presumed to cause emotional distress:
        (i) creating a disturbance at petitioner's place of
    
employment or school;
        (ii) repeatedly telephoning petitioner's place of
    
employment, home or residence;
        (iii) repeatedly following petitioner about in a
    
public place or places;
        (iv) repeatedly keeping petitioner under surveillance
    
by remaining present outside his or her home, school, place of employment, vehicle or other place occupied by petitioner or by peering in petitioner's windows;
        (v) improperly concealing a minor child from
    
petitioner, repeatedly threatening to improperly remove a minor child of petitioner's from the jurisdiction or from the physical care of petitioner, repeatedly threatening to conceal a minor child from petitioner, or making a single such threat following an actual or attempted improper removal or concealment, unless respondent was fleeing an incident or pattern of domestic violence; or
        (vi) threatening physical force, confinement or
    
restraint on one or more occasions.
    (8) "High-risk adult with disabilities" means a person aged 18 or over whose physical or mental disability impairs his or her ability to seek or obtain protection from abuse, neglect, or exploitation.
    (9) "Interference with personal liberty" means committing or threatening physical abuse, harassment, intimidation or willful deprivation so as to compel another to engage in conduct from which she or he has a right to abstain or to refrain from conduct in which she or he has a right to engage.
    (10) "Intimidation of a dependent" means subjecting a person who is dependent because of age, health or disability to participation in or the witnessing of: physical force against another or physical confinement or restraint of another which constitutes physical abuse as defined in this Act, regardless of whether the abused person is a family or household member.
    (11) (A) "Neglect" means the failure to exercise that degree of care toward a high-risk adult with disabilities which a reasonable person would exercise under the circumstances and includes but is not limited to:
        (i) the failure to take reasonable steps to protect a
    
high-risk adult with disabilities from acts of abuse;
        (ii) the repeated, careless imposition of
    
unreasonable confinement;
        (iii) the failure to provide food, shelter, clothing,
    
and personal hygiene to a high-risk adult with disabilities who requires such assistance;
        (iv) the failure to provide medical and
    
rehabilitative care for the physical and mental health needs of a high-risk adult with disabilities; or
        (v) the failure to protect a high-risk adult with
    
disabilities from health and safety hazards.
    (B) Nothing in this subsection (10) shall be construed to impose a requirement that assistance be provided to a high-risk adult with disabilities over his or her objection in the absence of a court order, nor to create any new affirmative duty to provide support to a high-risk adult with disabilities.
    (12) "Order of protection" means an emergency order, interim order or plenary order, granted pursuant to this Act, which includes any or all of the remedies authorized by Section 214 of this Act.
    (13) "Petitioner" may mean not only any named petitioner for the order of protection and any named victim of abuse on whose behalf the petition is brought, but also any other person protected by this Act.
    (14) "Physical abuse" includes sexual abuse and means any of the following:
        (i) knowing or reckless use of physical force,
    
confinement or restraint;
        (ii) knowing, repeated and unnecessary sleep
    
deprivation; or
        (iii) knowing or reckless conduct which creates an
    
immediate risk of physical harm.
    (14.5) "Stay away" means for the respondent to refrain from both physical presence and nonphysical contact with the petitioner whether direct, indirect (including, but not limited to, telephone calls, mail, email, faxes, and written notes), or through third parties who may or may not know about the order of protection.
    (15) "Willful deprivation" means wilfully denying a person who because of age, health or disability requires medication, medical care, shelter, accessible shelter or services, food, therapeutic device, or other physical assistance, and thereby exposing that person to the risk of physical, mental or emotional harm, except with regard to medical care or treatment when the dependent person has expressed an intent to forgo such medical care or treatment. This paragraph does not create any new affirmative duty to provide support to dependent persons.
(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)


 
    (750 ILCS 60/Art. II heading)
ARTICLE II
ORDERS OF PROTECTION

    
Notes of Decisions
Cited in 140 cases (42 in the last 5 years), 1993–2026 · leading case: Radke Ex Rel. Radke v. Radke, 812 N.E.2d 9 (Ill. App. Ct. 2004).
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Radke Ex Rel. Radke v. Radke, 812 N.E.2d 9 (Ill. App. Ct. 2004). · cites it 12× “750 ILCS 60/103 (7) (West 2002). A rebuttable presumption of emotional distress arises when a respondent improperly conceals a child from the petitioner, or threatens physical force, confinement or restraint.”
In re Est. of Hanley, 2013 IL App (3d) 110264 (Ill. App. Ct. 2013). · cites it 11× “(West 2010)); and (3) the court failed to adjudicate John’s need for a guardian, precluding dismissal of James’s request for an order of protection under section 103(2) of the Illinois Domestic Violence Act of 1986 (Domestic Violence Act) (750 ILCS 60/103(2) (West 2010)). We…”
Benjamin v. McKinnon, 887 N.E.2d 14 (Ill. App. Ct. 2008). · cites it 10× “Section 103(6) of the Domestic Violence Act (750 ILCS 60/103(6) (West 2006)) defines "`[f]amily or household members'" as including the following: "spouses, former spouses, parents, children, stepchildren[,] and other persons related by blood or by present or prior marriage,…”
People v. Nixon, 2016 IL App (2d) 130514 (Ill. App. Ct. 2016). · cites it 3× “” 750 ILCS 60/103(1) (West 2012). Contrary to defendant’s argument, an examination of the indictment in this case and the evidence surrounding the charged offenses establishes that the 2012 shooting constituted an act of domestic violence as that term is defined in the Act.”
Calloway v. Kinkelaar, 659 N.E.2d 1322 (Ill. 1995). · cites it 4× “" (750 ILCS 60/103(1) (West 1992).) "Harassment" includes the following types of conduct, which unless "rebutted by a preponderance of the evidence * * * shall be presumed to cause emotional distress": *1327 "(i) creating a disturbance at petitioner's place of employment; (ii)…”
Peck v. Otten, 768 N.E.2d 769 (Ill. App. Ct. 2002). · cites it 8× “" We believe that a reasonable person could conclude that Kevin's treatment of Cory was "abuse" because it constituted "harassment" as defined by the Act.”
Mowen v. Holland, 783 N.E.2d 180 (Ill. App. Ct. 2003). · cites it 4× “750 ILCS 60/103(6) (West 2000). Persons protected by the Act include any person abused by a family or household member and any minor in the care of such person.”
In Re Marriage of Holtorf, 922 N.E.2d 1173 (Ill. App. Ct. 2010). · cites it 6× “In the Illinois Domestic Violence Act, neglect was defined as a failure to exercise the degree of care toward a high-risk adult with disabilities which a reasonable person would exercise under the circumstances, and that was cited in 750 ILCS 60/103 (11)(A). It goes on to say…”
Wilson v. Jackson, 728 N.E.2d 832 (Ill. App. Ct. 2000). · cites it 4× “Harassment means “knowing conduct which is not necessary to accomplish a purpose that is reasonable under the circumstances; would cause a reasonable person emotional distress; and does cause emotional distress to the petitioner.”
People v. Kelley, 2019 IL App (4th) 160598 (Ill. App. Ct. 2019). · cites it 2× “4(a) provides as follows: “In a criminal prosecution in which the defendant is accused of an offense of domestic violence as defined in paragraphs (1) and (3) of [s]ection 103 of the *** Act *** [(750 ILCS 60/103(1), (3) (West 2014))], or first degree murder or second degree…”
ALISON C. v. Westcott, 798 N.E.2d 813 (Ill. App. Ct. 2003). · cites it 3× “) 750 ILCS 60/ 103(6) (West 2002). The Act was originally enacted in 1986.”
People v. Purcell, 846 N.E.2d 203 (Ill. App. Ct. 2006). · cites it 2× “” 750 ILCS 60/103(1) ( West 2004 ). Furthermore, “physical abuse” includes knowing or reckless use of physical force, confinement, restraint, or conduct that creates an immediate risk of physical harm.”
Show all 140 citing cases →
— 750 ILCS 60/103(1) — 76 cases
Radke Ex Rel. Radke v. Radke, 812 N.E.2d 9 (Ill. App. Ct. 2004). “750 ILCS 60/103 (7) (West 2002). A rebuttable presumption of emotional distress arises when a respondent improperly conceals a child from the petitioner, or threatens physical force, confinement or restraint.”
Calloway v. Kinkelaar, 659 N.E.2d 1322 (Ill. 1995). “" (750 ILCS 60/103(1) (West 1992).) "Harassment" includes the following types of conduct, which unless "rebutted by a preponderance of the evidence * * * shall be presumed to cause emotional distress": *1327 "(i) creating a disturbance at petitioner's place of employment; (ii)…”
Howard v. Firmand, 880 N.E.2d 1139 (Ill. App. Ct. 2007).
Peck v. Otten, 768 N.E.2d 769 (Ill. App. Ct. 2002). “" We believe that a reasonable person could conclude that Kevin's treatment of Cory was "abuse" because it constituted "harassment" as defined by the Act.”
People v. Nixon, 2016 IL App (2d) 130514 (Ill. App. Ct. 2016). “” 750 ILCS 60/103(1) (West 2012). Contrary to defendant’s argument, an examination of the indictment in this case and the evidence surrounding the charged offenses establishes that the 2012 shooting constituted an act of domestic violence as that term is defined in the Act.”
— 750 ILCS 60/103(10) — 2 cases
In re Marriage of Evans, 2021 IL App (5th) 200426-U (Ill. App. Ct. 2021).
Shawnna S.W. v. Eric D.W., 2023 IL App (4th) 220852-U (Ill. App. Ct. 2023).
— 750 ILCS 60/103(11)(A) — 2 cases
In Re Marriage of Holtorf, 922 N.E.2d 1173 (Ill. App. Ct. 2010). “In the Illinois Domestic Violence Act, neglect was defined as a failure to exercise the degree of care toward a high-risk adult with disabilities which a reasonable person would exercise under the circumstances, and that was cited in 750 ILCS 60/103 (11)(A). It goes on to say…”
Mowen v. Holland (Ill. App. Ct. 2003).
— 750 ILCS 60/103(12) — 1 case
Sanchez v. Torres, 2016 IL App (1st) 151189 (Ill. App. Ct. 2016).
— 750 ILCS 60/103(13) — 2 cases
In Re Marriage of McCoy, 625 N.E.2d 883 (Ill. App. Ct. 1993).
Diane P. v. M.R., 2016 IL App (3d) 150312 (Ill. App. Ct. 2016).
— 750 ILCS 60/103(13)(ii) — 1 case
In Re Marriage of Healy, 635 N.E.2d 666 (Ill. App. Ct. 1994).
— 750 ILCS 60/103(14) — 9 cases
People v. Nixon, 2016 IL App (2d) 130514 (Ill. App. Ct. 2016). “” 750 ILCS 60/103(1) (West 2012). Contrary to defendant’s argument, an examination of the indictment in this case and the evidence surrounding the charged offenses establishes that the 2012 shooting constituted an act of domestic violence as that term is defined in the Act.”
Mowen v. Holland, 783 N.E.2d 180 (Ill. App. Ct. 2003). “750 ILCS 60/103(6) (West 2000). Persons protected by the Act include any person abused by a family or household member and any minor in the care of such person.”
Wilson v. Jackson, 728 N.E.2d 832 (Ill. App. Ct. 2000). “Harassment means “knowing conduct which is not necessary to accomplish a purpose that is reasonable under the circumstances; would cause a reasonable person emotional distress; and does cause emotional distress to the petitioner.”
In Re Marriage of Holtorf, 922 N.E.2d 1173 (Ill. App. Ct. 2010). “In the Illinois Domestic Violence Act, neglect was defined as a failure to exercise the degree of care toward a high-risk adult with disabilities which a reasonable person would exercise under the circumstances, and that was cited in 750 ILCS 60/103 (11)(A). It goes on to say…”
In Re Th, 820 N.E.2d 977 (Ill. App. Ct. 2004).
— 750 ILCS 60/103(14)(I) — 1 case
People v. Purcell (Ill. App. Ct. 2006).
— 750 ILCS 60/103(14)(i) — 7 cases
People v. Purcell, 846 N.E.2d 203 (Ill. App. Ct. 2006). “” 750 ILCS 60/103(1) ( West 2004 ). Furthermore, “physical abuse” includes knowing or reckless use of physical force, confinement, restraint, or conduct that creates an immediate risk of physical harm.”
Frank v. Hawkins, 891 N.E.2d 522 (Ill. App. Ct. 2008).
People v. Wouk, 739 N.E.2d 64 (Ill. App. Ct. 2000).
Davis v. Vill. of Maywood, 2023 IL App (1st) 211373 (Ill. App. Ct. 2023).
In re Marriage of Langhans, 2021 IL App (2d) 200613-U (Ill. App. Ct. 2021).
— 750 ILCS 60/103(14)(iii) — 5 cases
In Re Marriage of Holtorf, 922 N.E.2d 1173 (Ill. App. Ct. 2010). “In the Illinois Domestic Violence Act, neglect was defined as a failure to exercise the degree of care toward a high-risk adult with disabilities which a reasonable person would exercise under the circumstances, and that was cited in 750 ILCS 60/103 (11)(A). It goes on to say…”
Wilson v. Jackson, 728 N.E.2d 832 (Ill. App. Ct. 2000). “Harassment means “knowing conduct which is not necessary to accomplish a purpose that is reasonable under the circumstances; would cause a reasonable person emotional distress; and does cause emotional distress to the petitioner.”
In re Marriage of Young, 2013 IL App (2d) 121196 (Ill. App. Ct. 2013).
People v. L.S., 820 N.E.2d 977 (Ill. App. Ct. 2004).
Wilson v. Jackson (Ill. App. Ct. 2000).
— 750 ILCS 60/103(2) — 1 case
In re Est. of Hanley, 2013 IL App (3d) 110264 (Ill. App. Ct. 2013). “(West 2010)); and (3) the court failed to adjudicate John’s need for a guardian, precluding dismissal of James’s request for an order of protection under section 103(2) of the Illinois Domestic Violence Act of 1986 (Domestic Violence Act) (750 ILCS 60/103(2) (West 2010)). We…”
— 750 ILCS 60/103(3) — 4 cases
People v. Nixon, 2016 IL App (2d) 130514 (Ill. App. Ct. 2016). “” 750 ILCS 60/103(1) (West 2012). Contrary to defendant’s argument, an examination of the indictment in this case and the evidence surrounding the charged offenses establishes that the 2012 shooting constituted an act of domestic violence as that term is defined in the Act.”
People v. Butler, 2025 IL App (2d) 240215-U (Ill. App. Ct. 2025).
People v. Bedient, 2026 IL App (2d) 250168-U (Ill. App. Ct. 2026).
People v. Heintz, 2026 IL App (3d) 230161 (Ill. App. Ct. 2026).
— 750 ILCS 60/103(6) — 26 cases
Benjamin v. McKinnon, 887 N.E.2d 14 (Ill. App. Ct. 2008). “Section 103(6) of the Domestic Violence Act (750 ILCS 60/103(6) (West 2006)) defines "`[f]amily or household members'" as including the following: "spouses, former spouses, parents, children, stepchildren[,] and other persons related by blood or by present or prior marriage,…”
ALISON C. v. Westcott, 798 N.E.2d 813 (Ill. App. Ct. 2003). “) 750 ILCS 60/ 103(6) (West 2002). The Act was originally enacted in 1986.”
People v. Irvine, 882 N.E.2d 1124 (Ill. App. Ct. 2008).
Calloway v. Kinkelaar, 659 N.E.2d 1322 (Ill. 1995). “" (750 ILCS 60/103(1) (West 1992).) "Harassment" includes the following types of conduct, which unless "rebutted by a preponderance of the evidence * * * shall be presumed to cause emotional distress": *1327 "(i) creating a disturbance at petitioner's place of employment; (ii)…”
People v. Danielle T., 401 Ill. App. 3d 543 (Ill. App. Ct. 2010).
— 750 ILCS 60/103(7) — 51 cases
Radke Ex Rel. Radke v. Radke, 812 N.E.2d 9 (Ill. App. Ct. 2004). “750 ILCS 60/103 (7) (West 2002). A rebuttable presumption of emotional distress arises when a respondent improperly conceals a child from the petitioner, or threatens physical force, confinement or restraint.”
Peck v. Otten, 768 N.E.2d 769 (Ill. App. Ct. 2002). “" We believe that a reasonable person could conclude that Kevin's treatment of Cory was "abuse" because it constituted "harassment" as defined by the Act.”
People v. Burnett, 2015 IL App (1st) 133610 (Ill. App. Ct. 2016).
People v. Cardamone, 905 N.E.2d 806 (Ill. 2009).
People v. Reynolds, 706 N.E.2d 49 (Ill. App. Ct. 1999).
— 750 ILCS 60/103(7)(i) — 6 cases
Tamraz v. Tamraz, 2016 IL App (1st) 151854 (Ill. App. Ct. 2016).
In re Marriage of Bush, 2020 IL App (1st) 201035-U (Ill. App. Ct. 2020).
In re Marriage of Kriley, 2025 IL App (1st) 241923-U (Ill. App. Ct. 2025).
Tamraz v. Tamraz, 2016 IL App (1st) 151854 (Ill. App. Ct. 2016).
Tamraz v. Tamraz, 2016 IL App (1st) 151854 (Ill. App. Ct. 2016).
— 750 ILCS 60/103(7)(ii) — 3 cases
People v. Wett, 721 N.E.2d 190 (Ill. App. Ct. 1999).
People v. Karich, 687 N.E.2d 1169 (Ill. App. Ct. 1997).
People v. Wett (Ill. App. Ct. 1999).
— 750 ILCS 60/103(7)(v) — 3 cases
In re Marriage of Potenza, 2020 IL App (1st) 192454 (Ill. App. Ct. 2020).
In re Marriage of Potenza, 2020 IL App (1st) 192454 (Ill. App. Ct. 2020).
In re Marriage of Fanady, 2022 IL App (1st) 210730-U (Ill. App. Ct. 2022).
— 750 ILCS 60/103(9) — 1 case
Riley N Craig (Bankr. C.D. Ill. 2023).
— 750 ILCS 60/103(l) — 2 cases
People v. L.S., 820 N.E.2d 977 (Ill. App. Ct. 2004).
People v. Rish, 2021 IL App (3d) 190446 (Ill. App. Ct. 2021).
— 750 ILCS 60/103(ll)(A) — 2 cases
Mowen v. Holland, 783 N.E.2d 180 (Ill. App. Ct. 2003). “750 ILCS 60/103(6) (West 2000). Persons protected by the Act include any person abused by a family or household member and any minor in the care of such person.”
Frank v. Hawkins, 891 N.E.2d 522 (Ill. App. Ct. 2008).
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