|
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 SB1390 Introduced 2/6/2023, by Sen. Ann Gillespie SYNOPSIS AS INTRODUCED: |
| 725 ILCS 5/112A-14 | from Ch. 38, par. 112A-14 | 750 ILCS 60/214 | from Ch. 40, par. 2312-14 | 750 ILCS 60/217 | from Ch. 40, par. 2312-17 | 750 ILCS 60/223 | from Ch. 40, par. 2312-23 |
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Amends the Domestic Violence Act of 1986. Provides that if the respondent to an order of protection is required to surrender any firearms, the order of protection shall also include an order to surrender firearms. Requires the respondent to surrender any firearms under an order to surrender on the day the respondent is served with the order of protection. Removes the requirement that a prohibition on the possession of firearms be issued only after a hearing of which the respondent received
actual notice, and at which the person had an opportunity to
participate. Requires the law enforcement agency receiving any surrendered firearms to provide a statement of receipt of any firearm to the respondent and the court. Provides that the failure to surrender any firearm within 24 hours to the individual or law enforcement agency under an order to surrender firearms shall constitute contempt of court for the violation of the terms of the order of protection. Requires the Supreme Court to adopt a form for an order to surrender firearms and update any existing forms for an order of protection to reflect the changes made by the amendatory Act. Provides that if any Firearm Owner's Identification Card of the respondent is surrendered, the period of surrender shall be for the duration of the order of protection. Makes corresponding changes in the Code of Criminal Procedure of 1963. Effective immediately.
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| | A BILL FOR |
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1 | | AN ACT concerning domestic violence.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Code of Criminal Procedure of 1963 is |
5 | | amended by changing Section 112A-14 as follows:
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6 | | (725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14)
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7 | | Sec. 112A-14. Domestic violence order of protection; |
8 | | remedies.
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9 | | (a) (Blank).
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10 | | (b) The court may order any of the remedies listed in this |
11 | | subsection (b).
The remedies listed in this subsection (b) |
12 | | shall be in addition to other civil
or criminal remedies |
13 | | available to petitioner.
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14 | | (1) Prohibition of abuse. Prohibit respondent's |
15 | | harassment,
interference with personal liberty, |
16 | | intimidation of a dependent, physical
abuse, or willful |
17 | | deprivation, as defined in this Article, if such abuse has
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18 | | occurred or otherwise appears likely to occur if not |
19 | | prohibited.
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20 | | (2) Grant of exclusive possession of residence. |
21 | | Prohibit respondent
from entering or remaining in any |
22 | | residence, household, or premises of the petitioner,
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23 | | including one owned or leased by respondent, if petitioner |
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1 | | has a right
to occupancy thereof. The grant of exclusive |
2 | | possession of the residence, household, or premises
shall |
3 | | not affect title to real property, nor shall the court be |
4 | | limited by
the standard set forth in subsection (c-2) of |
5 | | Section 501 of the Illinois Marriage and
Dissolution of |
6 | | Marriage Act.
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7 | | (A) Right to occupancy. A party has a right to |
8 | | occupancy of a
residence or household if it is
solely |
9 | | or jointly owned or leased by that party, that party's |
10 | | spouse, a
person with a legal duty to support that |
11 | | party or a minor child in that
party's care, or by any |
12 | | person or entity other than the opposing party that
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13 | | authorizes that party's occupancy (e.g., a domestic |
14 | | violence shelter).
Standards set forth in subparagraph |
15 | | (B) shall not preclude equitable relief.
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16 | | (B) Presumption of hardships. If petitioner and |
17 | | respondent
each has the right to occupancy of a |
18 | | residence or household, the court
shall balance (i) |
19 | | the hardships to respondent and any minor child or
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20 | | dependent adult in respondent's care resulting from |
21 | | entry of this remedy with (ii)
the hardships to |
22 | | petitioner and any minor child or dependent adult in
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23 | | petitioner's care resulting from continued exposure to |
24 | | the risk of abuse (should
petitioner remain at the |
25 | | residence or household) or from loss of possession
of |
26 | | the residence or household (should petitioner leave to |
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1 | | avoid the risk
of abuse). When determining the balance |
2 | | of hardships, the court shall also
take into account |
3 | | the accessibility of the residence or household.
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4 | | Hardships need not be balanced if respondent does not |
5 | | have a right to occupancy.
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6 | | The balance of hardships is presumed to favor |
7 | | possession by
petitioner unless the presumption is |
8 | | rebutted by a preponderance of the
evidence, showing |
9 | | that the hardships to respondent substantially |
10 | | outweigh
the hardships to petitioner and any minor |
11 | | child or dependent adult in petitioner's
care. The |
12 | | court, on the request of petitioner or on its own |
13 | | motion,
may order respondent to provide suitable, |
14 | | accessible, alternate housing
for petitioner instead |
15 | | of
excluding respondent from a mutual residence or |
16 | | household.
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17 | | (3) Stay away order and additional prohibitions.
Order |
18 | | respondent to stay away from petitioner or any other |
19 | | person
protected by the domestic violence order of |
20 | | protection, or prohibit respondent from entering
or |
21 | | remaining present at petitioner's school, place of |
22 | | employment, or other
specified places at times when |
23 | | petitioner is present, or both, if
reasonable, given
the |
24 | | balance of hardships. Hardships need not be balanced for |
25 | | the court
to enter a stay away order or prohibit entry
if |
26 | | respondent has no right to enter the premises.
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1 | | (A) If a domestic violence order of protection |
2 | | grants petitioner exclusive possession
of the |
3 | | residence, prohibits respondent from entering the |
4 | | residence,
or orders respondent to stay away from |
5 | | petitioner or other
protected persons, then the court |
6 | | may allow respondent access to the
residence to remove |
7 | | items of clothing and personal adornment
used |
8 | | exclusively by respondent, medications, and other |
9 | | items as the court directs.
The right to access shall |
10 | | be exercised on only one occasion as the court directs
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11 | | and in the presence of an agreed-upon adult third |
12 | | party or law enforcement officer.
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13 | | (B) When the petitioner and the respondent attend |
14 | | the same public, private, or non-public elementary, |
15 | | middle, or high school, the court when issuing a |
16 | | domestic violence order of protection and providing |
17 | | relief shall consider the severity of the act, any |
18 | | continuing physical danger or emotional distress to |
19 | | the petitioner, the educational rights guaranteed to |
20 | | the petitioner and respondent under federal and State |
21 | | law, the availability of a transfer of the respondent |
22 | | to another school, a change of placement or a change of |
23 | | program of the respondent, the expense, difficulty, |
24 | | and educational disruption that would be caused by a |
25 | | transfer of the respondent to another school, and any |
26 | | other relevant facts of the case. The court may order |
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1 | | that the respondent not attend the public, private, or |
2 | | non-public elementary, middle, or high school attended |
3 | | by the petitioner, order that the respondent accept a |
4 | | change of placement or change of program, as |
5 | | determined by the school district or private or |
6 | | non-public school, or place restrictions on the |
7 | | respondent's movements within the school attended by |
8 | | the petitioner. The respondent bears the burden of |
9 | | proving by a preponderance of the evidence that a |
10 | | transfer, change of placement, or change of program of |
11 | | the respondent is not available. The respondent also |
12 | | bears the burden of production with respect to the |
13 | | expense, difficulty, and educational disruption that |
14 | | would be caused by a transfer of the respondent to |
15 | | another school. A transfer, change of placement, or |
16 | | change of program is not unavailable to the respondent |
17 | | solely on the ground that the respondent does not |
18 | | agree with the school district's or private or |
19 | | non-public school's transfer, change of placement, or |
20 | | change of program or solely on the ground that the |
21 | | respondent fails or refuses to consent or otherwise |
22 | | does not take an action required to effectuate a |
23 | | transfer, change of placement, or change of program. |
24 | | When a court orders a respondent to stay away from the |
25 | | public, private, or non-public school attended by the |
26 | | petitioner and the respondent requests a transfer to |
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1 | | another attendance center within the respondent's |
2 | | school district or private or non-public school, the |
3 | | school district or private or non-public school shall |
4 | | have sole discretion to determine the attendance |
5 | | center to which the respondent is transferred. If the |
6 | | court order results in a transfer of the minor |
7 | | respondent to another attendance center, a change in |
8 | | the respondent's placement, or a change of the |
9 | | respondent's program, the parents, guardian, or legal |
10 | | custodian of the respondent is responsible for |
11 | | transportation and other costs associated with the |
12 | | transfer or change. |
13 | | (C) The court may order the parents, guardian, or |
14 | | legal custodian of a minor respondent to take certain |
15 | | actions or to refrain from taking certain actions to |
16 | | ensure that the respondent complies with the order. If |
17 | | the court orders a transfer of the respondent to |
18 | | another school, the parents, guardian, or legal |
19 | | custodian of the respondent is responsible for |
20 | | transportation and other costs associated with the |
21 | | change of school by the respondent. |
22 | | (4) Counseling. Require or recommend the respondent to |
23 | | undergo
counseling for a specified duration with a social |
24 | | worker, psychologist,
clinical psychologist, |
25 | | psychiatrist, family service agency, alcohol or
substance |
26 | | abuse program, mental health center guidance counselor, |
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1 | | agency
providing services to elders, program designed for |
2 | | domestic violence
abusers, or any other guidance service |
3 | | the court deems appropriate. The court may order the |
4 | | respondent in any intimate partner relationship to report |
5 | | to an Illinois Department of Human Services protocol |
6 | | approved partner abuse intervention program for an |
7 | | assessment and to follow all recommended treatment.
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8 | | (5) Physical care and possession of the minor child. |
9 | | In order to protect
the minor child from abuse, neglect, |
10 | | or unwarranted separation from the person
who has been the |
11 | | minor child's primary caretaker, or to otherwise protect |
12 | | the
well-being of the minor child, the court may do either |
13 | | or both of the following:
(i) grant petitioner physical |
14 | | care or possession of the minor child, or both, or
(ii) |
15 | | order respondent to return a minor child to, or not remove |
16 | | a minor child
from, the physical care of a parent or person |
17 | | in loco parentis.
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18 | | If the respondent is charged with abuse
(as defined in |
19 | | Section 112A-3 of this Code) of a minor child, there shall |
20 | | be a
rebuttable presumption that awarding physical care to |
21 | | respondent would not
be in the minor child's best |
22 | | interest.
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23 | | (6) Temporary allocation of parental responsibilities |
24 | | and significant decision-making responsibilities.
Award |
25 | | temporary significant decision-making responsibility to |
26 | | petitioner in accordance with this Section,
the Illinois |
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1 | | Marriage
and Dissolution of Marriage Act, the Illinois |
2 | | Parentage Act of 2015,
and this State's Uniform |
3 | | Child-Custody
Jurisdiction and Enforcement Act.
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4 | | If the respondent
is charged with abuse (as defined in |
5 | | Section 112A-3 of this Code) of a
minor child, there shall |
6 | | be a rebuttable presumption that awarding
temporary |
7 | | significant decision-making responsibility to respondent |
8 | | would not be in the
child's best interest.
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9 | | (7) Parenting time. Determine the parenting time, if |
10 | | any, of respondent in any case in which the court
awards |
11 | | physical care or temporary significant decision-making |
12 | | responsibility of a minor child to
petitioner. The court |
13 | | shall restrict or deny respondent's parenting time with
a |
14 | | minor child if
the court finds that respondent has done or |
15 | | is likely to do any of the
following: |
16 | | (i) abuse or endanger the minor child during |
17 | | parenting time; |
18 | | (ii) use the parenting time
as an opportunity to |
19 | | abuse or harass petitioner or
petitioner's family or |
20 | | household members; |
21 | | (iii) improperly conceal or
detain the minor |
22 | | child; or |
23 | | (iv) otherwise act in a manner that is not in
the |
24 | | best interests of the minor child. |
25 | | The court shall not be limited by the
standards set |
26 | | forth in Section 603.10 of the Illinois Marriage and
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1 | | Dissolution of Marriage Act. If the court grants parenting |
2 | | time, the order
shall specify dates and times for the |
3 | | parenting time to take place or other
specific parameters |
4 | | or conditions that are appropriate. No order for parenting |
5 | | time
shall refer merely to the term "reasonable parenting |
6 | | time". Petitioner may deny respondent access to the minor |
7 | | child if, when
respondent arrives for parenting time, |
8 | | respondent is under the influence of drugs
or alcohol and |
9 | | constitutes a threat to the safety and well-being of
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10 | | petitioner or petitioner's minor children or is behaving |
11 | | in a violent or abusive manner. If necessary to protect |
12 | | any member of petitioner's family or
household from future |
13 | | abuse, respondent shall be prohibited from coming to
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14 | | petitioner's residence to meet the minor child for |
15 | | parenting time, and the petitioner and respondent
shall |
16 | | submit to the court their recommendations for reasonable
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17 | | alternative arrangements for parenting time. A person may |
18 | | be approved to
supervise parenting time only after filing |
19 | | an affidavit accepting
that responsibility and |
20 | | acknowledging accountability to the court.
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21 | | (8) Removal or concealment of minor child.
Prohibit |
22 | | respondent from
removing a minor child from the State or |
23 | | concealing the child within the
State.
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24 | | (9) Order to appear. Order the respondent to
appear in |
25 | | court, alone
or with a minor child, to prevent abuse, |
26 | | neglect, removal or concealment of
the child, to return |
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1 | | the child to the custody or care of the petitioner, or
to |
2 | | permit any court-ordered interview or examination of the |
3 | | child or the
respondent.
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4 | | (10) Possession of personal property. Grant petitioner |
5 | | exclusive
possession of personal property and, if |
6 | | respondent has possession or
control, direct respondent to |
7 | | promptly make it available to petitioner, if:
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8 | | (i) petitioner, but not respondent, owns the |
9 | | property; or
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10 | | (ii) the petitioner and respondent own the |
11 | | property jointly; sharing it would risk
abuse of |
12 | | petitioner by respondent or is impracticable; and the |
13 | | balance of
hardships favors temporary possession by |
14 | | petitioner.
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15 | | If petitioner's sole claim to ownership of the |
16 | | property is that it is
marital property, the court may |
17 | | award petitioner temporary possession
thereof under the |
18 | | standards of subparagraph (ii) of this paragraph only if
a |
19 | | proper proceeding has been filed under the Illinois |
20 | | Marriage and
Dissolution of Marriage Act, as now or |
21 | | hereafter amended.
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22 | | No order under this provision shall affect title to |
23 | | property.
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24 | | (11) Protection of property. Forbid the respondent |
25 | | from taking,
transferring, encumbering, concealing, |
26 | | damaging, or otherwise disposing of
any real or personal |
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1 | | property, except as explicitly authorized by the
court, |
2 | | if:
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3 | | (i) petitioner, but not respondent, owns the |
4 | | property; or
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5 | | (ii) the petitioner and respondent own the |
6 | | property jointly,
and the balance of hardships favors |
7 | | granting this remedy.
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8 | | If petitioner's sole claim to ownership of the |
9 | | property is that it is
marital property, the court may |
10 | | grant petitioner relief under subparagraph
(ii) of this |
11 | | paragraph only if a proper proceeding has been filed under |
12 | | the
Illinois Marriage and Dissolution of Marriage Act, as |
13 | | now or hereafter amended.
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14 | | The court may further prohibit respondent from |
15 | | improperly using the
financial or other resources of an |
16 | | aged member of the family or household
for the profit or |
17 | | advantage of respondent or of any other person.
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18 | | (11.5) Protection of animals. Grant the petitioner the |
19 | | exclusive care, custody, or control of any animal owned, |
20 | | possessed, leased, kept, or held by either the petitioner |
21 | | or the respondent or a minor child residing in the |
22 | | residence or household of either the petitioner or the |
23 | | respondent and order the respondent to stay away from the |
24 | | animal and forbid the respondent from taking, |
25 | | transferring, encumbering, concealing, harming, or |
26 | | otherwise disposing of the animal.
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1 | | (12) Order for payment of support. Order
respondent to |
2 | | pay temporary
support for the petitioner or any child in |
3 | | the petitioner's care or over whom the petitioner has been |
4 | | allocated parental responsibility, when the respondent has |
5 | | a legal obligation to support that person,
in accordance |
6 | | with the Illinois Marriage and Dissolution
of Marriage |
7 | | Act, which shall govern, among other matters, the amount |
8 | | of
support, payment through the clerk and withholding of |
9 | | income to secure
payment. An order for child support may |
10 | | be granted to a petitioner with
lawful physical care of a |
11 | | child, or an order or agreement for
physical care of a |
12 | | child, prior to entry of an order allocating significant |
13 | | decision-making responsibility.
Such a support order shall |
14 | | expire upon entry of a valid order allocating parental |
15 | | responsibility differently and vacating petitioner's |
16 | | significant decision-making responsibility unless |
17 | | otherwise provided in the order.
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18 | | (13) Order for payment of losses. Order
respondent to |
19 | | pay petitioner
for losses suffered as a direct result of |
20 | | the abuse. Such losses shall
include, but not be limited |
21 | | to, medical expenses, lost earnings or other
support, |
22 | | repair or replacement of property damaged or taken, |
23 | | reasonable
attorney's fees, court costs, and moving or |
24 | | other travel expenses, including
additional reasonable |
25 | | expenses for temporary shelter and restaurant meals.
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26 | | (i) Losses affecting family needs. If a party is |
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1 | | entitled to seek
maintenance, child support, or |
2 | | property distribution from the other party
under the |
3 | | Illinois Marriage and Dissolution of Marriage Act, as |
4 | | now or
hereafter amended, the court may order |
5 | | respondent to reimburse petitioner's
actual losses, to |
6 | | the extent that such reimbursement would be |
7 | | "appropriate
temporary relief", as authorized by |
8 | | subsection (a)(3) of
Section 501 of that Act.
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9 | | (ii) Recovery of expenses. In the case of an |
10 | | improper concealment
or removal of a minor child, the |
11 | | court may order respondent to pay the reasonable
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12 | | expenses incurred or to be incurred in the search for |
13 | | and recovery of the
minor child, including, but not |
14 | | limited to, legal fees, court costs, private
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15 | | investigator fees, and travel costs.
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16 | | (14) Prohibition of entry. Prohibit the respondent |
17 | | from entering or
remaining in the residence or household |
18 | | while the respondent is under the
influence of alcohol or |
19 | | drugs and constitutes a threat to the safety and
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20 | | well-being of the petitioner or the petitioner's children.
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21 | | (14.5) Prohibition of firearm possession. |
22 | | (A) A person who is subject to an existing |
23 | | domestic violence order of protection issued under |
24 | | this Code may not lawfully possess weapons or a |
25 | | Firearm Owner's Identification Card under Section 8.2 |
26 | | of the Firearm Owners Identification Card Act and is |
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1 | | subject to the requirements of subsection (a-1) of |
2 | | Section 214 of the Domestic Violence Act of 1986 and |
3 | | paragraph (14.5) or (14.6) of subsection (b) of |
4 | | Section 214 of the Domestic Violence Act of 1986, as |
5 | | applicable . |
6 | | (B) Any firearms in the
possession of the |
7 | | respondent, except as provided in subparagraph (C) of |
8 | | this paragraph (14.5), shall be ordered by the court |
9 | | to be turned
over to a person with a valid Firearm |
10 | | Owner's Identification Card for surrender for the |
11 | | duration of the domestic violence order of protection |
12 | | safekeeping . |
13 | | The court shall issue an order that the respondent |
14 | | comply with Section 9.5 of the Firearm Owners |
15 | | Identification Card Act.
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16 | | (C) If the respondent is a peace officer as |
17 | | defined in Section 2-13 of
the
Criminal Code of 2012, |
18 | | the court shall order that any firearms used by the
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19 | | respondent in the performance of his or her duties as a
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20 | | peace officer be surrendered to
the chief law |
21 | | enforcement executive of the agency in which the |
22 | | respondent is
employed, who shall retain the firearms |
23 | | for surrender safekeeping for the duration of the |
24 | | domestic violence order of protection.
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25 | | (D) Upon expiration of the period of surrender |
26 | | safekeeping , if the firearms or Firearm Owner's |
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1 | | Identification Card cannot be returned to respondent |
2 | | because respondent cannot be located, fails to respond |
3 | | to requests to retrieve the firearms, or is not |
4 | | lawfully eligible to possess a firearm, upon petition |
5 | | from the local law enforcement agency, the court may |
6 | | order the local law enforcement agency to destroy the |
7 | | firearms, use the firearms for training purposes, or |
8 | | for any other application as deemed appropriate by the |
9 | | local law enforcement agency; or that the firearms be |
10 | | turned over to a third party who is lawfully eligible |
11 | | to possess firearms, and who does not reside with |
12 | | respondent. |
13 | | (15) Prohibition of access to records. If a domestic |
14 | | violence order of protection
prohibits respondent from |
15 | | having contact with the minor child,
or if petitioner's |
16 | | address is omitted under subsection (b) of
Section 112A-5 |
17 | | of this Code, or if necessary to prevent abuse or wrongful |
18 | | removal or
concealment of a minor child, the order shall |
19 | | deny respondent access to, and
prohibit respondent from |
20 | | inspecting, obtaining, or attempting to
inspect or obtain, |
21 | | school or any other records of the minor child
who is in |
22 | | the care of petitioner.
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23 | | (16) Order for payment of shelter services. Order |
24 | | respondent to
reimburse a shelter providing temporary |
25 | | housing and counseling services to
the petitioner for the |
26 | | cost of the services, as certified by the shelter
and |
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1 | | deemed reasonable by the court.
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2 | | (17) Order for injunctive relief. Enter injunctive |
3 | | relief necessary
or appropriate to prevent further abuse |
4 | | of a family or household member or
to effectuate one of the |
5 | | granted remedies, if supported by the balance of
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6 | | hardships. If the harm to be prevented by the injunction |
7 | | is abuse or any
other harm that one of the remedies listed |
8 | | in paragraphs (1) through (16)
of this subsection is |
9 | | designed to prevent, no further evidence is necessary
to |
10 | | establish that the harm is an irreparable injury.
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11 | | (18) Telephone services. |
12 | | (A) Unless a condition described in subparagraph |
13 | | (B) of this paragraph exists, the court may, upon |
14 | | request by the petitioner, order a wireless telephone |
15 | | service provider to transfer to the petitioner the |
16 | | right to continue to use a telephone number or numbers |
17 | | indicated by the petitioner and the financial |
18 | | responsibility associated with the number or numbers, |
19 | | as set forth in subparagraph (C) of this paragraph. In |
20 | | this paragraph (18), the term "wireless telephone |
21 | | service provider" means a provider of commercial |
22 | | mobile service as defined in 47 U.S.C. 332. The |
23 | | petitioner may request the transfer of each telephone |
24 | | number that the petitioner, or a minor child in his or |
25 | | her custody, uses. The clerk of the court shall serve |
26 | | the order on the wireless telephone service provider's |
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1 | | agent for service of process provided to the Illinois |
2 | | Commerce Commission. The order shall contain all of |
3 | | the following: |
4 | | (i) The name and billing telephone number of |
5 | | the account holder including the name of the |
6 | | wireless telephone service provider that serves |
7 | | the account. |
8 | | (ii) Each telephone number that will be |
9 | | transferred. |
10 | | (iii) A statement that the provider transfers |
11 | | to the petitioner all financial responsibility for |
12 | | and right to the use of any telephone number |
13 | | transferred under this paragraph. |
14 | | (B) A wireless telephone service provider shall |
15 | | terminate the respondent's use of, and shall transfer |
16 | | to the petitioner use of, the telephone number or |
17 | | numbers indicated in subparagraph (A) of this |
18 | | paragraph unless it notifies the petitioner, within 72 |
19 | | hours after it receives the order, that one of the |
20 | | following applies: |
21 | | (i) The account holder named in the order has |
22 | | terminated the account. |
23 | | (ii) A difference in network technology would |
24 | | prevent or impair the functionality of a device on |
25 | | a network if the transfer occurs. |
26 | | (iii) The transfer would cause a geographic or |
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1 | | other limitation on network or service provision |
2 | | to the petitioner. |
3 | | (iv) Another technological or operational |
4 | | issue would prevent or impair the use of the |
5 | | telephone number if the transfer occurs. |
6 | | (C) The petitioner assumes all financial |
7 | | responsibility for and right to the use of any |
8 | | telephone number transferred under this paragraph. In |
9 | | this paragraph, "financial responsibility" includes |
10 | | monthly service costs and costs associated with any |
11 | | mobile device associated with the number. |
12 | | (D) A wireless telephone service provider may |
13 | | apply to the petitioner its routine and customary |
14 | | requirements for establishing an account or |
15 | | transferring a number, including requiring the |
16 | | petitioner to provide proof of identification, |
17 | | financial information, and customer preferences.
|
18 | | (E) Except for willful or wanton misconduct, a |
19 | | wireless telephone service provider is immune from |
20 | | civil liability for its actions taken in compliance |
21 | | with a court order issued under this paragraph. |
22 | | (F) All wireless service providers that provide |
23 | | services to residential customers shall provide to the |
24 | | Illinois Commerce Commission the name and address of |
25 | | an agent for service of orders entered under this |
26 | | paragraph (18). Any change in status of the registered |
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1 | | agent must be reported to the Illinois Commerce |
2 | | Commission within 30 days of such change. |
3 | | (G) The Illinois Commerce Commission shall |
4 | | maintain the list of registered agents for service for |
5 | | each wireless telephone service provider on the |
6 | | Commission's website. The Commission may consult with |
7 | | wireless telephone service providers and the Circuit |
8 | | Court Clerks on the manner in which this information |
9 | | is provided and displayed. |
10 | | (c) Relevant factors; findings.
|
11 | | (1) In determining whether to grant a
specific remedy, |
12 | | other than payment of support, the
court shall consider |
13 | | relevant factors, including, but not limited to, the
|
14 | | following:
|
15 | | (i) the nature, frequency, severity, pattern, and |
16 | | consequences of the
respondent's past abuse of the |
17 | | petitioner or any family or household
member, |
18 | | including the concealment of his or her location in |
19 | | order to evade
service of process or notice, and the |
20 | | likelihood of danger of future abuse to
petitioner or
|
21 | | any member of petitioner's or respondent's family or |
22 | | household; and
|
23 | | (ii) the danger that any minor child will be |
24 | | abused or neglected or
improperly relocated from the |
25 | | jurisdiction, improperly concealed within the
State, |
26 | | or improperly separated from the child's primary |
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|
1 | | caretaker.
|
2 | | (2) In comparing relative hardships resulting to the |
3 | | parties from loss
of possession of the family home, the |
4 | | court shall consider relevant
factors, including, but not |
5 | | limited to, the following:
|
6 | | (i) availability, accessibility, cost, safety, |
7 | | adequacy, location, and other
characteristics of |
8 | | alternate housing for each party and any minor child |
9 | | or
dependent adult in the party's care;
|
10 | | (ii) the effect on the party's employment; and
|
11 | | (iii) the effect on the relationship of the party, |
12 | | and any minor
child or dependent adult in the party's |
13 | | care, to family, school, church,
and community.
|
14 | | (3) Subject to the exceptions set forth in paragraph |
15 | | (4) of this
subsection (c), the court shall make its |
16 | | findings in an official record or in
writing, and shall at |
17 | | a minimum set forth the following:
|
18 | | (i) That the court has considered the applicable |
19 | | relevant factors
described in paragraphs (1) and (2) |
20 | | of this subsection (c).
|
21 | | (ii) Whether the conduct or actions of respondent, |
22 | | unless
prohibited, will likely cause irreparable harm |
23 | | or continued abuse.
|
24 | | (iii) Whether it is necessary to grant the |
25 | | requested relief in order
to protect petitioner or |
26 | | other alleged abused persons.
|
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1 | | (4) (Blank).
|
2 | | (5) Never married parties. No rights or |
3 | | responsibilities for a minor
child born outside of |
4 | | marriage attach to a putative father until a father and
|
5 | | child relationship has been established under the Illinois |
6 | | Parentage Act of
1984, the Illinois Parentage Act of 2015, |
7 | | the Illinois Public Aid Code, Section 12 of the Vital |
8 | | Records Act, the Juvenile Court Act of 1987, the Probate |
9 | | Act of 1975, the Uniform Interstate Family Support Act, |
10 | | the Expedited Child Support Act of 1990, any judicial, |
11 | | administrative, or other act of another state or |
12 | | territory, any other statute of this State, or by any |
13 | | foreign nation establishing the father and child |
14 | | relationship, any other proceeding substantially in |
15 | | conformity with the federal Personal Responsibility and |
16 | | Work Opportunity Reconciliation Act of 1996, or when both |
17 | | parties appeared in open court or at an administrative |
18 | | hearing acknowledging under oath or admitting by |
19 | | affirmation the existence of a father and child |
20 | | relationship. Absent such an adjudication, no putative |
21 | | father shall be granted
temporary allocation of parental |
22 | | responsibilities, including parenting time with the minor |
23 | | child, or
physical care
and possession of the minor child, |
24 | | nor shall
an order of payment for support of the minor |
25 | | child be entered.
|
26 | | (d) Balance of hardships; findings. If the court finds |
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1 | | that the balance
of hardships does not support the granting of |
2 | | a remedy governed by
paragraph (2), (3), (10), (11), or (16) of
|
3 | | subsection (b) of this Section,
which may require such |
4 | | balancing, the court's findings shall so
indicate and shall |
5 | | include a finding as to whether granting the remedy will
|
6 | | result in hardship to respondent that would substantially |
7 | | outweigh the hardship
to petitioner
from denial of the remedy. |
8 | | The findings shall be an official record or in
writing.
|
9 | | (e) Denial of remedies. Denial of any remedy shall not be |
10 | | based, in
whole or in part, on evidence that:
|
11 | | (1) respondent has cause for any use of force, unless |
12 | | that cause
satisfies the standards for justifiable use of |
13 | | force provided by Article
7 of the Criminal Code of 2012;
|
14 | | (2) respondent was voluntarily intoxicated;
|
15 | | (3) petitioner acted in self-defense or defense of |
16 | | another, provided
that, if petitioner utilized force, such |
17 | | force was justifiable under
Article 7 of the Criminal Code |
18 | | of 2012;
|
19 | | (4) petitioner did not act in self-defense or defense |
20 | | of another;
|
21 | | (5) petitioner left the residence or household to |
22 | | avoid further abuse
by respondent;
|
23 | | (6) petitioner did not leave the residence or |
24 | | household to avoid further
abuse by respondent; or
|
25 | | (7) conduct by any family or household member excused |
26 | | the abuse by
respondent, unless that same conduct would |
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|
1 | | have excused such abuse if the
parties had not been family |
2 | | or household members.
|
3 | | (Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22; |
4 | | 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
|
5 | | Section 25. The Illinois Domestic Violence Act of 1986 is |
6 | | amended by changing Sections 214, 217, and 223 as follows:
|
7 | | (750 ILCS 60/214) (from Ch. 40, par. 2312-14)
|
8 | | Sec. 214. Order of protection; remedies.
|
9 | | (a) Issuance of order. If the court finds that petitioner |
10 | | has been
abused by a family or household member or that |
11 | | petitioner is a high-risk
adult who has been abused, |
12 | | neglected, or exploited, as defined in this Act,
an order of |
13 | | protection prohibiting the abuse, neglect, or exploitation
|
14 | | shall issue; provided that petitioner must also satisfy the |
15 | | requirements of
one of the following Sections, as appropriate: |
16 | | Section 217 on emergency
orders, Section 218 on interim |
17 | | orders, or Section 219 on plenary orders.
Petitioner shall not |
18 | | be denied an order of protection because petitioner or
|
19 | | respondent is a minor. The court, when determining whether or |
20 | | not to issue
an order of protection, shall not require |
21 | | physical manifestations of abuse
on the person of the victim. |
22 | | Modification and extension of prior
orders of protection shall |
23 | | be in accordance with this Act. |
24 | | (a-1) If the respondent to an order of protection issued |
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1 | | under subsection (a) is subject to paragraph (14.5) or (14.6) |
2 | | of subsection (b), the order of protection shall also include |
3 | | an order to surrender firearms. The order to surrender |
4 | | firearms shall require the respondent to surrender any firearm |
5 | | on the day the respondent is served with the order of |
6 | | protection. Upon the respondent surrendering any firearm to |
7 | | the appropriate law enforcement agency, the law enforcement |
8 | | agency shall provide a statement of receipt of any firearm, |
9 | | with a description of any firearm surrendered, to the |
10 | | respondent and the court. This statement of receipt shall be |
11 | | considered proof of compliance with an order to surrender |
12 | | firearms and may be presented as proof at a hearing. |
13 | | The failure to surrender any firearm within 24 hours to |
14 | | the appropriate law enforcement agency under an order to |
15 | | surrender firearms shall constitute contempt of court for the |
16 | | violation of the terms of the order of protection. |
17 | | Within 30 days of the effective date of this amendatory |
18 | | Act of the 103rd General Assembly, the Supreme Court shall |
19 | | adopt a form for an order to surrender firearms and update any |
20 | | existing forms for an order of protection to reflect the |
21 | | changes made by this amendatory Act of the 103rd General |
22 | | Assembly. The form for an order to surrender firearms shall |
23 | | also include forms for a declaration of surrender of firearms, |
24 | | proof of surrender, declaration of nonsurrender, and order to |
25 | | release firearms.
|
26 | | (b) Remedies and standards. The remedies to be included in |
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1 | | an order of
protection shall be determined in accordance with |
2 | | this Section and one of
the following Sections, as |
3 | | appropriate: Section 217 on emergency orders,
Section 218 on |
4 | | interim orders, and Section 219 on plenary orders. The
|
5 | | remedies listed in this subsection shall be in addition to |
6 | | other civil or
criminal remedies available to petitioner.
|
7 | | (1) Prohibition of abuse, neglect, or exploitation. |
8 | | Prohibit
respondent's harassment, interference with |
9 | | personal liberty, intimidation
of a dependent, physical |
10 | | abuse, or willful deprivation, neglect or
exploitation, as |
11 | | defined in this Act, or stalking of the petitioner, as |
12 | | defined
in Section 12-7.3 of the Criminal Code of 2012, if |
13 | | such abuse, neglect,
exploitation, or stalking has |
14 | | occurred or otherwise appears likely to occur if
not |
15 | | prohibited.
|
16 | | (2) Grant of exclusive possession of residence. |
17 | | Prohibit respondent from
entering or remaining in any |
18 | | residence, household, or premises of the petitioner,
|
19 | | including one owned or leased by respondent, if petitioner |
20 | | has a right to
occupancy thereof. The grant of exclusive |
21 | | possession of the residence, household, or premises shall |
22 | | not
affect title to real property, nor shall the court be |
23 | | limited by the standard
set forth in subsection (c-2) of |
24 | | Section 501 of the Illinois Marriage and Dissolution of |
25 | | Marriage
Act.
|
26 | | (A) Right to occupancy. A party has a right to |
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1 | | occupancy of a
residence or household if it is solely |
2 | | or jointly owned or leased by that
party, that party's |
3 | | spouse, a person with a legal duty to support that |
4 | | party or
a minor child in that party's care, or by any |
5 | | person or entity other than the
opposing party that |
6 | | authorizes that party's occupancy (e.g., a domestic
|
7 | | violence shelter). Standards set forth in subparagraph |
8 | | (B) shall not preclude
equitable relief.
|
9 | | (B) Presumption of hardships. If petitioner and |
10 | | respondent
each has the right to occupancy of a |
11 | | residence or household, the court
shall balance (i) |
12 | | the hardships to respondent and any minor child or
|
13 | | dependent adult in respondent's care resulting from |
14 | | entry of this remedy with
(ii) the hardships to |
15 | | petitioner and any minor child or dependent adult in
|
16 | | petitioner's care resulting from continued exposure to |
17 | | the risk of abuse
(should petitioner remain at the |
18 | | residence or household) or from loss of
possession of |
19 | | the residence or household (should petitioner leave to |
20 | | avoid the
risk of abuse). When determining the balance |
21 | | of hardships, the court shall
also take into account |
22 | | the accessibility of the residence or household.
|
23 | | Hardships need not be balanced if respondent does not |
24 | | have a right to
occupancy.
|
25 | | The balance of hardships is presumed to favor |
26 | | possession by
petitioner unless the presumption is |
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1 | | rebutted by a preponderance of the
evidence, showing |
2 | | that the hardships to respondent substantially |
3 | | outweigh
the hardships to petitioner and any minor |
4 | | child or dependent adult in
petitioner's care. The |
5 | | court, on the request of petitioner or on its own
|
6 | | motion, may order respondent to provide suitable, |
7 | | accessible, alternate housing
for petitioner instead |
8 | | of excluding respondent from a mutual residence or
|
9 | | household.
|
10 | | (3) Stay away order and additional prohibitions.
Order |
11 | | respondent to stay away from petitioner or any other |
12 | | person
protected by the order of protection, or prohibit |
13 | | respondent from entering
or remaining present at |
14 | | petitioner's school, place of employment, or other
|
15 | | specified places at times when petitioner is present, or |
16 | | both, if
reasonable, given the balance of hardships. |
17 | | Hardships need not be balanced for
the court to enter a |
18 | | stay away order or prohibit entry if respondent has no
|
19 | | right to enter the premises.
|
20 | | (A) If an order of protection grants petitioner |
21 | | exclusive possession
of the residence, or prohibits |
22 | | respondent from entering the residence,
or orders |
23 | | respondent to stay away from petitioner or other
|
24 | | protected persons, then the court may allow respondent |
25 | | access to the
residence to remove items of clothing |
26 | | and personal adornment
used exclusively by respondent, |
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1 | | medications, and other items as the court
directs. The |
2 | | right to access shall be exercised on only one |
3 | | occasion as the
court directs and in the presence of an |
4 | | agreed-upon adult third party or law
enforcement |
5 | | officer.
|
6 | | (B) When the petitioner and the respondent attend |
7 | | the same public, private, or non-public elementary, |
8 | | middle, or high school, the court when issuing an |
9 | | order of protection and providing relief shall |
10 | | consider the severity of the act, any continuing |
11 | | physical danger or emotional distress to the |
12 | | petitioner, the educational rights guaranteed to the |
13 | | petitioner and respondent under federal and State law, |
14 | | the availability of a transfer of the respondent to |
15 | | another school, a change of placement or a change of |
16 | | program of the respondent, the expense, difficulty, |
17 | | and educational disruption that would be caused by a |
18 | | transfer of the respondent to another school, and any |
19 | | other relevant facts of the case. The court may order |
20 | | that the respondent not attend the public, private, or |
21 | | non-public elementary, middle, or high school attended |
22 | | by the petitioner, order that the respondent accept a |
23 | | change of placement or change of program, as |
24 | | determined by the school district or private or |
25 | | non-public school, or place restrictions on the |
26 | | respondent's movements within the school attended by |
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1 | | the petitioner.
The respondent bears the burden of |
2 | | proving by a preponderance of the evidence that a |
3 | | transfer, change of placement, or change of program of |
4 | | the respondent is not available. The respondent also |
5 | | bears the burden of production with respect to the |
6 | | expense, difficulty, and educational disruption that |
7 | | would be caused by a transfer of the respondent to |
8 | | another school. A transfer, change of placement, or |
9 | | change of program is not unavailable to the respondent |
10 | | solely on the ground that the respondent does not |
11 | | agree with the school district's or private or |
12 | | non-public school's transfer, change of placement, or |
13 | | change of program or solely on the ground that the |
14 | | respondent fails or refuses to consent or otherwise |
15 | | does not take an action required to effectuate a |
16 | | transfer, change of placement, or change of program.
|
17 | | When a court orders a respondent to stay away from the |
18 | | public, private, or non-public school attended by the |
19 | | petitioner and the respondent requests a transfer to |
20 | | another attendance center within the respondent's |
21 | | school district or private or non-public school, the |
22 | | school district or private or non-public school shall |
23 | | have sole discretion to determine the attendance |
24 | | center to which the respondent is transferred.
In the |
25 | | event the court order results in a transfer of the |
26 | | minor respondent to another attendance center, a |
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1 | | change in the respondent's placement, or a change of |
2 | | the respondent's program, the parents, guardian, or |
3 | | legal custodian of the respondent is responsible for |
4 | | transportation and other costs associated with the |
5 | | transfer or change. |
6 | | (C) The court may order the parents, guardian, or |
7 | | legal custodian of a minor respondent to take certain |
8 | | actions or to refrain from taking certain actions to |
9 | | ensure that the respondent complies with the order. In |
10 | | the event the court orders a transfer of the |
11 | | respondent to another school, the parents, guardian, |
12 | | or legal custodian of the respondent is responsible |
13 | | for transportation and other costs associated with the |
14 | | change of school by the respondent. |
15 | | (4) Counseling. Require or recommend the respondent to |
16 | | undergo
counseling for a specified duration with a social |
17 | | worker, psychologist,
clinical psychologist, |
18 | | psychiatrist, family service agency, alcohol or
substance |
19 | | abuse program, mental health center guidance counselor, |
20 | | agency
providing services to elders, program designed for |
21 | | domestic violence
abusers or any other guidance service |
22 | | the court deems appropriate. The Court may order the |
23 | | respondent in any intimate partner relationship to report |
24 | | to an Illinois Department of Human Services protocol |
25 | | approved partner abuse intervention program for an |
26 | | assessment and to follow all recommended treatment.
|
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1 | | (5) Physical care and possession of the minor child. |
2 | | In order to protect
the minor child from abuse, neglect, |
3 | | or unwarranted separation from the person
who has been the |
4 | | minor child's primary caretaker, or to otherwise protect |
5 | | the
well-being of the minor child, the court may do either |
6 | | or both of the
following: (i) grant petitioner physical |
7 | | care or possession of the minor child,
or both, or (ii) |
8 | | order respondent to return a minor child to, or not remove |
9 | | a
minor child from, the physical care of a parent or person |
10 | | in loco parentis.
|
11 | | If a court finds, after a hearing, that respondent has |
12 | | committed abuse
(as defined in Section 103) of a minor |
13 | | child, there shall be a
rebuttable presumption that |
14 | | awarding physical care to respondent would not
be in the |
15 | | minor child's best interest.
|
16 | | (6) Temporary allocation of parental responsibilities: |
17 | | significant decision-making. Award temporary |
18 | | decision-making responsibility to petitioner
in accordance |
19 | | with this Section, the Illinois Marriage and Dissolution |
20 | | of
Marriage Act, the Illinois Parentage Act of 2015, and |
21 | | this State's Uniform
Child-Custody Jurisdiction and |
22 | | Enforcement Act.
|
23 | | If a court finds, after a hearing, that respondent has |
24 | | committed abuse (as
defined in Section 103) of a minor |
25 | | child, there shall be a rebuttable
presumption that |
26 | | awarding temporary significant decision-making |
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1 | | responsibility to respondent would not be in
the child's |
2 | | best interest.
|
3 | | (7) Parenting time. Determine the parenting time, if |
4 | | any, of respondent in
any case in which the court awards |
5 | | physical care or allocates temporary significant |
6 | | decision-making responsibility of
a minor child to |
7 | | petitioner. The court shall restrict or deny respondent's |
8 | | parenting time
with a minor child if the court finds that |
9 | | respondent has done or is
likely to do any of the |
10 | | following: (i) abuse or endanger the minor child during |
11 | | parenting time; (ii) use the parenting time as an |
12 | | opportunity to abuse or harass
petitioner or petitioner's |
13 | | family or household members; (iii) improperly
conceal or |
14 | | detain the minor child; or (iv) otherwise act in a manner |
15 | | that is
not in the best interests of the minor child. The |
16 | | court shall not be limited
by the standards set forth in |
17 | | Section 603.10 of the Illinois Marriage and
Dissolution of |
18 | | Marriage Act. If the court grants parenting time, the |
19 | | order shall
specify dates and times for the parenting time |
20 | | to take place or other specific
parameters or conditions |
21 | | that are appropriate. No order for parenting time shall
|
22 | | refer merely to the term "reasonable parenting time".
|
23 | | Petitioner may deny respondent access to the minor |
24 | | child if, when
respondent arrives for parenting time, |
25 | | respondent is under the influence of drugs
or alcohol and |
26 | | constitutes a threat to the safety and well-being of
|
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|
1 | | petitioner or petitioner's minor children or is behaving |
2 | | in a violent or
abusive manner.
|
3 | | If necessary to protect any member of petitioner's |
4 | | family or
household from future abuse, respondent shall be |
5 | | prohibited from coming to
petitioner's residence to meet |
6 | | the minor child for parenting time, and the
parties shall |
7 | | submit to the court their recommendations for reasonable
|
8 | | alternative arrangements for parenting time. A person may |
9 | | be approved to
supervise parenting time only after filing |
10 | | an affidavit accepting
that responsibility and |
11 | | acknowledging accountability to the court.
|
12 | | (8) Removal or concealment of minor child. Prohibit |
13 | | respondent from
removing a minor child from the State or |
14 | | concealing the child within the State.
|
15 | | (9) Order to appear. Order the respondent to appear in |
16 | | court, alone
or with a minor child, to prevent abuse, |
17 | | neglect, removal or concealment of
the child, to return |
18 | | the child to the custody or care of the petitioner or
to |
19 | | permit any court-ordered interview or examination of the |
20 | | child or the
respondent.
|
21 | | (10) Possession of personal property. Grant petitioner |
22 | | exclusive
possession of personal property and, if |
23 | | respondent has possession or
control, direct respondent to |
24 | | promptly make it available to petitioner, if:
|
25 | | (i) petitioner, but not respondent, owns the |
26 | | property; or
|
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1 | | (ii) the parties own the property jointly; sharing |
2 | | it would risk
abuse of petitioner by respondent or is |
3 | | impracticable; and the balance of
hardships favors |
4 | | temporary possession by petitioner.
|
5 | | If petitioner's sole claim to ownership of the |
6 | | property is that it is
marital property, the court may |
7 | | award petitioner temporary possession
thereof under the |
8 | | standards of subparagraph (ii) of this paragraph only if
a |
9 | | proper proceeding has been filed under the Illinois |
10 | | Marriage and
Dissolution of Marriage Act, as now or |
11 | | hereafter amended.
|
12 | | No order under this provision shall affect title to |
13 | | property.
|
14 | | (11) Protection of property. Forbid the respondent |
15 | | from taking,
transferring, encumbering, concealing, |
16 | | damaging or otherwise disposing of
any real or personal |
17 | | property, except as explicitly authorized by the
court, |
18 | | if:
|
19 | | (i) petitioner, but not respondent, owns the |
20 | | property; or
|
21 | | (ii) the parties own the property jointly,
and the |
22 | | balance of hardships favors granting this remedy.
|
23 | | If petitioner's sole claim to ownership of the |
24 | | property is that it is
marital property, the court may |
25 | | grant petitioner relief under subparagraph
(ii) of this |
26 | | paragraph only if a proper proceeding has been filed under |
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1 | | the
Illinois Marriage and Dissolution of Marriage Act, as |
2 | | now or hereafter amended.
|
3 | | The court may further prohibit respondent from |
4 | | improperly using the
financial or other resources of an |
5 | | aged member of the family or household
for the profit or |
6 | | advantage of respondent or of any other person.
|
7 | | (11.5) Protection of animals. Grant the petitioner the |
8 | | exclusive care, custody, or control of any animal owned, |
9 | | possessed, leased, kept, or held by either the petitioner |
10 | | or the respondent or a minor child residing in the |
11 | | residence or household of either the petitioner or the |
12 | | respondent and order the respondent to stay away from the |
13 | | animal and forbid the respondent from taking, |
14 | | transferring, encumbering, concealing, harming, or |
15 | | otherwise disposing of the animal.
|
16 | | (12) Order for payment of support. Order respondent to |
17 | | pay temporary
support for the petitioner or any child in |
18 | | the petitioner's care or over whom the petitioner has been |
19 | | allocated parental responsibility, when the respondent has |
20 | | a legal obligation to support that person,
in accordance |
21 | | with the Illinois Marriage and Dissolution
of Marriage |
22 | | Act, which shall govern, among other matters, the amount |
23 | | of
support, payment through the clerk and withholding of |
24 | | income to secure
payment. An order for child support may |
25 | | be granted to a petitioner with
lawful physical care of a |
26 | | child, or an order or agreement for
physical care of a |
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1 | | child, prior to entry of an order allocating significant |
2 | | decision-making responsibility.
Such a support order shall |
3 | | expire upon entry of a valid order allocating parental |
4 | | responsibility differently and vacating the petitioner's |
5 | | significant decision-making authority, unless otherwise |
6 | | provided in the order.
|
7 | | (13) Order for payment of losses. Order respondent to |
8 | | pay petitioner for
losses suffered as a direct result of |
9 | | the abuse, neglect, or exploitation.
Such losses shall |
10 | | include, but not be limited to, medical expenses, lost
|
11 | | earnings or other support, repair or replacement of |
12 | | property damaged or taken,
reasonable attorney's fees, |
13 | | court costs and moving or other travel expenses,
including |
14 | | additional reasonable expenses for temporary shelter and |
15 | | restaurant
meals.
|
16 | | (i) Losses affecting family needs. If a party is |
17 | | entitled to seek
maintenance, child support or |
18 | | property distribution from the other party
under the |
19 | | Illinois Marriage and Dissolution of Marriage Act, as |
20 | | now or
hereafter amended, the court may order |
21 | | respondent to reimburse petitioner's
actual losses, to |
22 | | the extent that such reimbursement would be |
23 | | "appropriate
temporary relief", as authorized by |
24 | | subsection (a)(3) of Section 501 of
that Act.
|
25 | | (ii) Recovery of expenses. In the case of an |
26 | | improper concealment
or removal of a minor child, the |
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1 | | court may order respondent to pay the
reasonable |
2 | | expenses incurred or to be incurred in the search for |
3 | | and recovery
of the minor child, including but not |
4 | | limited to legal fees, court costs,
private |
5 | | investigator fees, and travel costs.
|
6 | | (14) Prohibition of entry. Prohibit the respondent |
7 | | from entering or
remaining in the residence or household |
8 | | while the respondent is under the
influence of alcohol or |
9 | | drugs and constitutes a threat to the safety and
|
10 | | well-being of the petitioner or the petitioner's children.
|
11 | | (14.5) Prohibition of firearm possession.
|
12 | | (a) Prohibit a respondent against whom an order of |
13 | | protection was issued from possessing any firearms |
14 | | during the duration of the order if the order: |
15 | | (1) (blank) was issued after a hearing of |
16 | | which such person received
actual notice, and at |
17 | | which such person had an opportunity to
|
18 | | participate ; |
19 | | (2) restrains such person from harassing, |
20 | | stalking, or
threatening an intimate partner of |
21 | | such person or child of such
intimate partner or |
22 | | person, or engaging in other conduct that
would |
23 | | place an intimate partner in reasonable fear of |
24 | | bodily
injury to the partner or child; and |
25 | | (3)(i) includes a finding that such person |
26 | | represents a
credible threat to the physical |
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1 | | safety of such intimate partner
or child; or
(ii) |
2 | | by its terms explicitly prohibits the use, |
3 | | attempted
use, or threatened use of physical force |
4 | | against such intimate
partner or child that would |
5 | | reasonably be expected to cause
bodily injury. |
6 | | Any Firearm Owner's Identification Card in the
|
7 | | possession of the respondent, except as provided in |
8 | | subsection (b), shall be ordered by the court to be |
9 | | turned
over to the local law enforcement agency. The |
10 | | local law enforcement agency shall immediately mail |
11 | | the card to the Illinois State Police Firearm Owner's |
12 | | Identification Card Office
for safekeeping. The court |
13 | | shall
issue a warrant for seizure of any firearm in the |
14 | | possession of the respondent, to be kept by the local |
15 | | law enforcement agency for safekeeping, except as |
16 | | provided in subsection (b).
The period of safekeeping |
17 | | shall be for the duration of the order of protection. |
18 | | The firearm or firearms and Firearm Owner's |
19 | | Identification Card, if unexpired, shall at the |
20 | | respondent's request, be returned to the respondent at |
21 | | the end
of the order of protection. It is the |
22 | | respondent's responsibility to notify the Illinois |
23 | | State Police Firearm Owner's Identification Card |
24 | | Office.
|
25 | | (b) If the respondent is a peace officer as |
26 | | defined in Section 2-13 of
the
Criminal Code of 2012, |
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1 | | the court shall order that any firearms used by the
|
2 | | respondent in the performance of his or her duties as a
|
3 | | peace officer be surrendered to
the chief law |
4 | | enforcement executive of the agency in which the |
5 | | respondent is
employed, who shall retain the firearms |
6 | | for safekeeping for the duration of the order of |
7 | | protection.
|
8 | | (c) Upon expiration of the period of safekeeping, |
9 | | if the firearms or Firearm Owner's Identification Card |
10 | | cannot be returned to the respondent because the |
11 | | respondent cannot be located, fails to respond to |
12 | | requests to retrieve the firearms, or is not lawfully |
13 | | eligible to possess a firearm, upon petition from the |
14 | | local law enforcement agency, the court may order the |
15 | | local law enforcement agency to destroy the firearms, |
16 | | use the firearms for training purposes, or for any |
17 | | other application as deemed appropriate by the local |
18 | | law enforcement agency; or that the firearms be turned |
19 | | over to a third party who is lawfully eligible to |
20 | | possess firearms, and who does not reside with the |
21 | | respondent. |
22 | | (14.6) Prohibition of firearm possession; emergency |
23 | | orders.
|
24 | | (a) Any Firearm Owner's Identification Card in the |
25 | | possession of the respondent, except as provided in |
26 | | subparagraph (b), shall be suspended consistent with |
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1 | | Section 8.2 of the Firearm Owners Identification Act, |
2 | | and the respondent shall be ordered by the court to |
3 | | surrender the card and any firearm in the respondent's |
4 | | possession consistent with Sections 8.3 and 9.5 of the |
5 | | Firearm Owners Identification Act. The period of |
6 | | surrender shall be for the duration of the order of |
7 | | protection.
|
8 | | (b) Upon expiration of the period of surrender, if |
9 | | the firearms or Firearm Owner's Identification Card |
10 | | cannot be returned to respondent because respondent |
11 | | cannot be located, fails to respond to requests to |
12 | | retrieve the firearms, or is not lawfully eligible to |
13 | | possess a firearm, upon petition from the local law |
14 | | enforcement agency, the court may order the local law |
15 | | enforcement agency to destroy the firearms, use the |
16 | | firearms for training purposes, or for any other |
17 | | application as deemed appropriate by the local law |
18 | | enforcement agency; or that the firearms be turned |
19 | | over to a third party who is lawfully eligible to |
20 | | possess firearms, and who does not reside with |
21 | | respondent. |
22 | | (15) Prohibition of access to records. If an order of |
23 | | protection
prohibits respondent from having contact with |
24 | | the minor child,
or if petitioner's address is omitted |
25 | | under subsection (b) of
Section 203, or if necessary to |
26 | | prevent abuse or wrongful removal or
concealment of a |
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1 | | minor child, the order shall deny respondent access to, |
2 | | and
prohibit respondent from inspecting, obtaining, or |
3 | | attempting to
inspect or obtain, school or any other |
4 | | records of the minor child
who is in the care of |
5 | | petitioner.
|
6 | | (16) Order for payment of shelter services. Order |
7 | | respondent to
reimburse a shelter providing temporary |
8 | | housing and counseling services to
the petitioner for the |
9 | | cost of the services, as certified by the shelter
and |
10 | | deemed reasonable by the court.
|
11 | | (17) Order for injunctive relief. Enter injunctive |
12 | | relief necessary
or appropriate to prevent further abuse |
13 | | of a family or household member
or further abuse, neglect, |
14 | | or exploitation of a high-risk adult with
disabilities or |
15 | | to effectuate one of the granted remedies, if supported by |
16 | | the
balance of hardships. If the harm to be prevented by |
17 | | the injunction is abuse
or any other harm that one of the |
18 | | remedies listed in paragraphs (1) through
(16) of this |
19 | | subsection is designed to prevent, no further evidence is
|
20 | | necessary that the harm is an irreparable injury.
|
21 | | (18) Telephone services. |
22 | | (A) Unless a condition described in subparagraph |
23 | | (B) of this paragraph exists, the court may, upon |
24 | | request by the petitioner, order a wireless telephone |
25 | | service provider to transfer to the petitioner the |
26 | | right to continue to use a telephone number or numbers |
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1 | | indicated by the petitioner and the financial |
2 | | responsibility associated with the number or numbers, |
3 | | as set forth in subparagraph (C) of this paragraph. |
4 | | For purposes of this paragraph (18), the term |
5 | | "wireless telephone service provider" means a provider |
6 | | of commercial mobile service as defined in 47 U.S.C. |
7 | | 332. The petitioner may request the transfer of each |
8 | | telephone number that the petitioner, or a minor child |
9 | | in his or her custody, uses. The clerk of the court |
10 | | shall serve the order on the wireless telephone |
11 | | service provider's agent for service of process |
12 | | provided to the Illinois Commerce Commission. The |
13 | | order shall contain all of the following: |
14 | | (i) The name and billing telephone number of |
15 | | the account holder including the name of the |
16 | | wireless telephone service provider that serves |
17 | | the account. |
18 | | (ii) Each telephone number that will be |
19 | | transferred. |
20 | | (iii) A statement that the provider transfers |
21 | | to the petitioner all financial responsibility for |
22 | | and right to the use of any telephone number |
23 | | transferred under this paragraph. |
24 | | (B) A wireless telephone service provider shall |
25 | | terminate the respondent's use of, and shall transfer |
26 | | to the petitioner use of, the telephone number or |
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1 | | numbers indicated in subparagraph (A) of this |
2 | | paragraph unless it notifies the petitioner, within 72 |
3 | | hours after it receives the order, that one of the |
4 | | following applies: |
5 | | (i) The account holder named in the order has |
6 | | terminated the account. |
7 | | (ii) A difference in network technology would |
8 | | prevent or impair the functionality of a device on |
9 | | a network if the transfer occurs. |
10 | | (iii) The transfer would cause a geographic or |
11 | | other limitation on network or service provision |
12 | | to the petitioner. |
13 | | (iv) Another technological or operational |
14 | | issue would prevent or impair the use of the |
15 | | telephone number if the transfer occurs. |
16 | | (C) The petitioner assumes all financial |
17 | | responsibility for and right to the use of any |
18 | | telephone number transferred under this paragraph. In |
19 | | this paragraph, "financial responsibility" includes |
20 | | monthly service costs and costs associated with any |
21 | | mobile device associated with the number. |
22 | | (D) A wireless telephone service provider may |
23 | | apply to the petitioner its routine and customary |
24 | | requirements for establishing an account or |
25 | | transferring a number, including requiring the |
26 | | petitioner to provide proof of identification, |
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1 | | financial information, and customer preferences.
|
2 | | (E) Except for willful or wanton misconduct, a |
3 | | wireless telephone service provider is immune from |
4 | | civil liability for its actions taken in compliance |
5 | | with a court order issued under this paragraph. |
6 | | (F) All wireless service providers that provide |
7 | | services to residential customers shall provide to the |
8 | | Illinois Commerce Commission the name and address of |
9 | | an agent for service of orders entered under this |
10 | | paragraph (18). Any change in status of the registered |
11 | | agent must be reported to the Illinois Commerce |
12 | | Commission within 30 days of such change. |
13 | | (G) The Illinois Commerce Commission shall |
14 | | maintain the list of registered agents for service for |
15 | | each wireless telephone service provider on the |
16 | | Commission's website. The Commission may consult with |
17 | | wireless telephone service providers and the Circuit |
18 | | Court Clerks on the manner in which this information |
19 | | is provided and displayed. |
20 | | (c) Relevant factors; findings.
|
21 | | (1) In determining whether to grant a specific remedy, |
22 | | other than
payment of support, the court shall consider
|
23 | | relevant factors, including but not limited to the |
24 | | following:
|
25 | | (i) the nature, frequency, severity, pattern and |
26 | | consequences of the
respondent's past abuse, neglect |
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1 | | or exploitation of the petitioner or
any family or |
2 | | household member, including the concealment of his or |
3 | | her
location in order to evade service of process or |
4 | | notice, and the likelihood of
danger of future abuse, |
5 | | neglect, or exploitation to petitioner or any member |
6 | | of
petitioner's or respondent's family or household; |
7 | | and
|
8 | | (ii) the danger that any minor child will be |
9 | | abused or neglected or
improperly relocated from the |
10 | | jurisdiction, improperly concealed within the
State or |
11 | | improperly separated from the child's primary |
12 | | caretaker.
|
13 | | (2) In comparing relative hardships resulting to the |
14 | | parties from loss
of possession of the family home, the |
15 | | court shall consider relevant
factors, including but not |
16 | | limited to the following:
|
17 | | (i) availability, accessibility, cost, safety, |
18 | | adequacy, location and
other characteristics of |
19 | | alternate housing for each party and any minor child
|
20 | | or dependent adult in the party's care;
|
21 | | (ii) the effect on the party's employment; and
|
22 | | (iii) the effect on the relationship of the party, |
23 | | and any minor
child or dependent adult in the party's |
24 | | care, to family, school, church
and community.
|
25 | | (3) Subject to the exceptions set forth in paragraph |
26 | | (4) of this
subsection, the court shall make its findings |
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1 | | in an official record or in
writing, and shall at a minimum |
2 | | set forth the following:
|
3 | | (i) That the court has considered the applicable |
4 | | relevant factors
described in paragraphs (1) and (2) |
5 | | of this subsection.
|
6 | | (ii) Whether the conduct or actions of respondent, |
7 | | unless
prohibited, will likely cause irreparable harm |
8 | | or continued abuse.
|
9 | | (iii) Whether it is necessary to grant the |
10 | | requested relief in order
to protect petitioner or |
11 | | other alleged abused persons.
|
12 | | (4) For purposes of issuing an ex parte emergency |
13 | | order of protection,
the court, as an alternative to or as |
14 | | a supplement to making the findings
described in |
15 | | paragraphs (c)(3)(i) through (c)(3)(iii) of this |
16 | | subsection, may
use the following procedure:
|
17 | | When a verified petition for an emergency order of |
18 | | protection in
accordance with the requirements of Sections |
19 | | 203 and 217 is
presented to the court, the court shall |
20 | | examine petitioner on oath or
affirmation. An emergency |
21 | | order of protection shall be issued by the court
if it |
22 | | appears from the contents of the petition and the |
23 | | examination of
petitioner that the averments are |
24 | | sufficient to indicate abuse by
respondent and to support |
25 | | the granting of relief under the issuance of the
emergency |
26 | | order of protection.
|
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1 | | (5) Never married parties. No rights or |
2 | | responsibilities for a minor
child born outside of |
3 | | marriage attach to a putative father until a father and
|
4 | | child relationship has been established under the Illinois |
5 | | Parentage Act of
1984, the Illinois Parentage Act of 2015, |
6 | | the Illinois Public Aid Code, Section 12 of the Vital |
7 | | Records Act, the
Juvenile Court Act of 1987, the Probate |
8 | | Act of 1975, the Revised Uniform
Reciprocal Enforcement of |
9 | | Support Act, the Uniform Interstate Family Support
Act, |
10 | | the Expedited Child Support Act of 1990, any judicial, |
11 | | administrative, or
other act of another state or |
12 | | territory, any other Illinois statute, or by any
foreign |
13 | | nation establishing the father and child relationship, any |
14 | | other
proceeding substantially in conformity with the |
15 | | Personal Responsibility and
Work Opportunity |
16 | | Reconciliation Act of 1996 (Pub. L. 104-193), or where |
17 | | both
parties appeared in open court or at an |
18 | | administrative hearing acknowledging
under
oath or |
19 | | admitting by affirmation the existence of a father and |
20 | | child
relationship.
Absent such an adjudication, finding, |
21 | | or acknowledgment, no putative
father shall be granted
|
22 | | temporary allocation of parental responsibilities, |
23 | | including parenting time with the minor child, or
physical |
24 | | care and possession of the minor child, nor shall an order |
25 | | of payment
for support of the minor child be entered.
|
26 | | (d) Balance of hardships; findings. If the court finds |
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1 | | that the balance
of hardships does not support the granting of |
2 | | a remedy governed by
paragraph (2), (3), (10), (11), or (16) of |
3 | | subsection (b) of this Section,
which may require such |
4 | | balancing, the court's findings shall so
indicate and shall |
5 | | include a finding as to whether granting the remedy will
|
6 | | result in hardship to respondent that would substantially |
7 | | outweigh the hardship
to petitioner from denial of the remedy. |
8 | | The findings shall be an official
record or in writing.
|
9 | | (e) Denial of remedies. Denial of any remedy shall not be |
10 | | based, in
whole or in part, on evidence that:
|
11 | | (1) Respondent has cause for any use of force, unless |
12 | | that cause
satisfies the standards for justifiable use of |
13 | | force provided by Article
7 of the Criminal Code of 2012;
|
14 | | (2) Respondent was voluntarily intoxicated;
|
15 | | (3) Petitioner acted in self-defense or defense of |
16 | | another, provided
that, if petitioner utilized force, such |
17 | | force was justifiable under
Article 7 of the Criminal Code |
18 | | of 2012;
|
19 | | (4) Petitioner did not act in self-defense or defense |
20 | | of another;
|
21 | | (5) Petitioner left the residence or household to |
22 | | avoid further abuse,
neglect, or exploitation by |
23 | | respondent;
|
24 | | (6) Petitioner did not leave the residence or |
25 | | household to avoid further
abuse, neglect, or exploitation |
26 | | by respondent;
|
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1 | | (7) Conduct by any family or household member excused |
2 | | the abuse,
neglect, or exploitation by respondent, unless |
3 | | that same conduct would have
excused such abuse, neglect, |
4 | | or exploitation if the parties had not been
family or |
5 | | household members.
|
6 | | (Source: P.A. 102-538, eff. 8-20-21.)
|
7 | | (750 ILCS 60/217) (from Ch. 40, par. 2312-17)
|
8 | | Sec. 217. Emergency order of protection.
|
9 | | (a) Prerequisites. An emergency order of protection shall |
10 | | issue if
petitioner satisfies the requirements of this |
11 | | subsection for one or more of the
requested remedies. For each |
12 | | remedy requested, the petitioner shall establish
that:
|
13 | | (1) The court has jurisdiction under Section 208;
|
14 | | (2) The requirements of Section 214 are satisfied; and
|
15 | | (3) There is good cause to grant the remedy, |
16 | | regardless of prior service
of process or of notice upon |
17 | | the respondent, because:
|
18 | | (i) For
the remedies of "prohibition of abuse" |
19 | | described in
Section 214(b)(1), "stay away order and |
20 | | additional prohibitions" described in
Section
|
21 | | 214(b)(3), "removal or concealment of minor child" |
22 | | described in Section
214(b)(8), "order to appear" |
23 | | described in Section 214(b)(9), "physical
care and |
24 | | possession of the minor child" described in Section |
25 | | 214(b)(5),
"protection of property" described in |
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1 | | Section 214(b)(11), "prohibition
of entry" described |
2 | | in Section 214(b)(14), "prohibition of firearm |
3 | | possession" described in Section 214(b)(14.6) |
4 | | 214(b)(14.5) , "prohibition of access to
records" |
5 | | described in Section 214(b)(15), and "injunctive |
6 | | relief"
described in Section 214(b)(16), the harm |
7 | | which that remedy
is intended to prevent would be |
8 | | likely to occur if the respondent were given
any prior |
9 | | notice, or greater notice than was actually given, of |
10 | | the
petitioner's efforts to obtain judicial relief;
|
11 | | (ii) For the remedy of "grant of exclusive |
12 | | possession of
residence" described in Section |
13 | | 214(b)(2), the immediate danger of further
abuse of |
14 | | the petitioner by the respondent,
if the petitioner |
15 | | chooses or had chosen to remain in the residence or |
16 | | household
while the respondent was given any prior |
17 | | notice or greater notice than was
actually given of |
18 | | the petitioner's efforts to obtain judicial relief,
|
19 | | outweighs the hardships to the respondent of an |
20 | | emergency order
granting the petitioner exclusive |
21 | | possession of the residence or household.
This remedy |
22 | | shall not be denied because the petitioner has or |
23 | | could obtain
temporary shelter elsewhere while prior |
24 | | notice is given to the respondent, unless
the
|
25 | | hardships to respondent from exclusion from the home |
26 | | substantially outweigh
those to the petitioner;
|
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1 | | (iii) For the remedy of "possession of personal |
2 | | property"
described in
Section 214(b)(10), improper |
3 | | disposition of the personal
property would be likely
|
4 | | to occur if the respondent were given any prior |
5 | | notice, or greater notice than
was actually given, of |
6 | | the petitioner's efforts to obtain judicial relief, or |
7 | | the
petitioner has an immediate and pressing need for |
8 | | possession of that property.
|
9 | | An emergency order may not include the counseling, legal |
10 | | custody, payment
of support , or monetary compensation |
11 | | remedies.
|
12 | | (a-5) When a petition for an emergency order of protection |
13 | | is granted, the order and file shall not be public and shall |
14 | | only be accessible to the court, the petitioner, law |
15 | | enforcement, a domestic violence advocate or counselor, the |
16 | | counsel of record for either party, and the State's Attorney |
17 | | for the county until the order is served on the respondent. |
18 | | (b) Appearance by respondent.
If the respondent appears in |
19 | | court for this hearing for an emergency order,
he or she may |
20 | | elect to file a general appearance and testify.
Any resulting |
21 | | order may be an emergency order, governed
by this Section.
|
22 | | Notwithstanding the requirements of this Section, if all |
23 | | requirements of
Section 218 have been met, the court may issue |
24 | | a 30-day interim order.
|
25 | | (c) Emergency orders: court holidays and evenings.
|
26 | | (1) Prerequisites. When the court is unavailable at |
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1 | | the close of
business, the petitioner may file a petition |
2 | | for a 21-day emergency order
before any available circuit |
3 | | judge or associate judge who may grant relief
under this |
4 | | Act. If the judge finds that there is an immediate and |
5 | | present
danger of abuse to the petitioner and that the |
6 | | petitioner has satisfied the
prerequisites set forth in |
7 | | subsection (a) of Section 217, that judge may
issue an |
8 | | emergency order of protection.
|
9 | | (1.5) Issuance of order. The chief judge of the |
10 | | circuit court
may designate for each county in the circuit |
11 | | at least one judge to be
reasonably available to
issue |
12 | | orally, by telephone, by facsimile, or otherwise, an |
13 | | emergency
order of protection at all times, whether or not |
14 | | the court is in session.
|
15 | | (2) Certification and transfer. The judge who issued |
16 | | the order under this Section shall promptly communicate or |
17 | | convey the order to the sheriff to facilitate the entry of |
18 | | the order into the Law Enforcement Agencies Data System by |
19 | | the Illinois State Police pursuant to Section 302. Any |
20 | | order issued under this Section and
any documentation in |
21 | | support thereof shall be certified on the next court
day |
22 | | to the appropriate court. The clerk of that court shall |
23 | | immediately
assign a case number, file the petition, order |
24 | | and other documents with the
court, and enter the order of |
25 | | record and file it with the sheriff for
service, in |
26 | | accordance with Section 222. Filing the petition
shall |
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1 | | commence proceedings for further relief under Section 202.
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2 | | Failure to comply with the requirements of this subsection |
3 | | shall not
affect the validity of the order.
|
4 | | (Source: P.A. 101-255, eff. 1-1-20; 102-538, eff. 8-20-21; |
5 | | 102-831, eff. 5-13-22; revised 7-29-22.)
|
6 | | (750 ILCS 60/223) (from Ch. 40, par. 2312-23)
|
7 | | Sec. 223. Enforcement of orders of protection.
|
8 | | (a) When violation is crime. A violation of any order of |
9 | | protection,
whether issued in a civil or criminal proceeding |
10 | | or by a military tribunal, shall be enforced
by a
criminal |
11 | | court when:
|
12 | | (1) The respondent commits the crime of violation of |
13 | | an order of
protection pursuant to Section 12-3.4 or 12-30 |
14 | | of the Criminal Code of
1961 or the Criminal Code of 2012, |
15 | | by
having knowingly violated:
|
16 | | (i) remedies described in paragraphs (1), (2), |
17 | | (3), (14),
or (14.5) , or (14.6) of
subsection (b) of |
18 | | Section 214 of this Act; or
|
19 | | (ii) a remedy, which is substantially similar to |
20 | | the remedies
authorized under paragraphs (1), (2), |
21 | | (3), (14), and (14.5) , and (14.6) of subsection (b)
of |
22 | | Section 214 of this Act, in a valid order of protection |
23 | | which is authorized
under the laws of another state, |
24 | | tribe, or United States territory; or
|
25 | | (iii) any other remedy when the act
constitutes a |
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1 | | crime against the protected parties as defined by the
|
2 | | Criminal Code of 1961 or the Criminal Code of 2012.
|
3 | | Prosecution for a violation of an order of
protection |
4 | | shall not bar concurrent prosecution for any other crime,
|
5 | | including any crime that may have been committed at the |
6 | | time of the
violation of the order of protection; or
|
7 | | (2) The respondent commits the crime of child |
8 | | abduction pursuant
to Section 10-5 of the Criminal Code of |
9 | | 1961 or the Criminal Code of 2012, by having knowingly |
10 | | violated:
|
11 | | (i) remedies described in paragraphs (5), (6) or |
12 | | (8) of subsection
(b) of
Section 214 of this Act; or
|
13 | | (ii) a remedy, which is substantially similar to |
14 | | the remedies
authorized under paragraphs (5), (6), or |
15 | | (8) of subsection (b) of Section 214
of this Act, in a |
16 | | valid order of protection which is authorized under |
17 | | the laws
of another state, tribe, or United States |
18 | | territory.
|
19 | | (b) When violation is contempt of court. A violation of |
20 | | any valid
Illinois order of protection, whether issued in a |
21 | | civil or criminal
proceeding or by a military tribunal, may be |
22 | | enforced through civil or criminal contempt procedures,
as |
23 | | appropriate, by any court with jurisdiction, regardless where |
24 | | the act or
acts which violated the order of protection were |
25 | | committed, to the extent
consistent with the venue provisions |
26 | | of this Act. Nothing in this Act
shall preclude any Illinois |
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1 | | court from enforcing any valid order of
protection issued in |
2 | | another state. Illinois courts may enforce orders of
|
3 | | protection through both criminal prosecution and contempt |
4 | | proceedings,
unless the action which is second in time is |
5 | | barred by collateral estoppel
or the constitutional |
6 | | prohibition against double jeopardy.
|
7 | | (1) In a contempt proceeding where the petition for a |
8 | | rule to show
cause sets forth facts evidencing an |
9 | | immediate danger that the
respondent will flee the |
10 | | jurisdiction, conceal a child, or inflict physical
abuse |
11 | | on the petitioner or minor children or on dependent adults |
12 | | in
petitioner's care, the court may order the
attachment |
13 | | of the respondent without prior service of the rule to |
14 | | show
cause or the petition for a rule to show cause. |
15 | | Conditions of release shall be set unless
specifically |
16 | | denied in writing.
|
17 | | (2) A petition for a rule to show cause for violation |
18 | | of an order of
protection shall be treated as an expedited |
19 | | proceeding.
|
20 | | (b-1) The court shall not hold a school district or |
21 | | private or non-public school or any of its employees in civil |
22 | | or criminal contempt unless the school district or private or |
23 | | non-public school has been allowed to intervene. |
24 | | (b-2) The court may hold the parents, guardian, or legal |
25 | | custodian of a minor respondent in civil or criminal contempt |
26 | | for a violation of any provision of any order entered under |
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1 | | this Act for conduct of the minor respondent in violation of |
2 | | this Act if the
parents, guardian, or legal custodian |
3 | | directed, encouraged, or assisted the respondent minor in such |
4 | | conduct. |
5 | | (c) Violation of custody or support orders or temporary or |
6 | | final judgments allocating parental responsibilities. A |
7 | | violation of remedies
described in paragraphs (5), (6), (8), |
8 | | or (9) of subsection (b) of Section
214 of this Act may be |
9 | | enforced by any remedy provided by Section 607.5 of
the |
10 | | Illinois Marriage and Dissolution of Marriage Act. The court |
11 | | may
enforce any order for support issued under paragraph (12) |
12 | | of subsection (b)
of Section 214 in the manner provided for |
13 | | under Parts V and VII of the
Illinois Marriage and Dissolution |
14 | | of Marriage Act.
|
15 | | (d) Actual knowledge. An order of protection may be |
16 | | enforced pursuant to
this Section if the respondent violates |
17 | | the order after the
respondent has
actual knowledge of its |
18 | | contents as shown through one of the following means:
|
19 | | (1) By service, delivery, or notice under Section 210.
|
20 | | (2) By notice under Section 210.1 or 211.
|
21 | | (3) By service of an order of protection under Section |
22 | | 222.
|
23 | | (4) By other means demonstrating actual knowledge of |
24 | | the contents of the
order.
|
25 | | (e) The enforcement of an order of protection in civil or |
26 | | criminal court
shall not be affected by either of the |
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1 | | following:
|
2 | | (1) The existence of a separate, correlative order, |
3 | | entered under Section
215.
|
4 | | (2) Any finding or order entered in a conjoined |
5 | | criminal proceeding.
|
6 | | (f) Circumstances. The court, when determining whether or |
7 | | not a
violation of an order of protection has occurred, shall |
8 | | not require
physical manifestations of abuse on the person of |
9 | | the victim.
|
10 | | (g) Penalties.
|
11 | | (1) Except as provided in paragraph (3) of this
|
12 | | subsection, where the court finds the commission of a |
13 | | crime or contempt of
court under subsections (a) or (b) of |
14 | | this Section, the penalty shall be
the penalty that |
15 | | generally applies in such criminal or contempt
|
16 | | proceedings, and may include one or more of the following: |
17 | | incarceration,
payment of restitution, a fine, payment of |
18 | | attorneys' fees and costs, or
community service.
|
19 | | (2) The court shall hear and take into account |
20 | | evidence of any factors
in aggravation or mitigation |
21 | | before deciding an appropriate penalty under
paragraph (1) |
22 | | of this subsection.
|
23 | | (3) To the extent permitted by law, the court is |
24 | | encouraged to:
|
25 | | (i) increase the penalty for the knowing violation |
26 | | of
any order of protection over any penalty previously |
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1 | | imposed by any court
for respondent's violation of any |
2 | | order of protection or penal statute
involving |
3 | | petitioner as victim and respondent as defendant;
|
4 | | (ii) impose a minimum penalty of 24 hours |
5 | | imprisonment for respondent's
first violation of any |
6 | | order of protection; and
|
7 | | (iii) impose a minimum penalty of 48 hours |
8 | | imprisonment for
respondent's second or subsequent |
9 | | violation of an order of protection
|
10 | | unless the court explicitly finds that an increased |
11 | | penalty or that
period of imprisonment would be manifestly |
12 | | unjust.
|
13 | | (4) In addition to any other penalties imposed for a |
14 | | violation of an
order of protection, a criminal court may |
15 | | consider evidence of any
violations of an order of |
16 | | protection:
|
17 | | (i) to increase, revoke or modify the conditions |
18 | | of pretrial release on an underlying
criminal charge |
19 | | pursuant to Section 110-6 of the Code of Criminal |
20 | | Procedure
of 1963;
|
21 | | (ii) to revoke or modify an order of probation, |
22 | | conditional discharge or
supervision, pursuant to |
23 | | Section 5-6-4 of the Unified Code of Corrections;
|
24 | | (iii) to revoke or modify a sentence of periodic |
25 | | imprisonment,
pursuant to Section 5-7-2 of the Unified |
26 | | Code of Corrections.
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1 | | (5) In addition to any other penalties, the court |
2 | | shall impose an
additional fine of $20 as authorized by |
3 | | Section 5-9-1.11 of the Unified Code of
Corrections upon |
4 | | any person convicted of or placed on supervision for a
|
5 | | violation of an order of protection.
The additional fine |
6 | | shall be imposed for each violation of this Section.
|
7 | | (Source: P.A. 101-652, eff. 1-1-23; 102-890, eff. 5-19-22 .)
|
8 | | Section 97. Severability. The provisions of this Act are |
9 | | severable under Section 1.31 of the Statute on Statutes. |
10 | | Section 99. Effective date. This Act takes effect upon |
11 | | becoming law. |