Public Act 097-0158
 
HB3365 EnrolledLRB097 08563 RLC 50992 b


  
    AN ACT concerning firearms.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Firearm Owners Identification Card Act is 
amended  by changing Sections 4 and 8 as follows:
 


    (430 ILCS 65/4)  (from Ch. 38, par. 83-4)



    Sec. 4. (a) Each applicant for a Firearm Owner's 
Identification Card must: 


        (1) Make application on blank forms prepared and 
    furnished at convenient
locations throughout the State by 
    the Department of State Police, or by
electronic means, if 
    and when made available by the Department of State
Police; 
    and


        (2) Submit evidence to the Department of State Police 
    that:


            (i) He or she is 21 years of age or over, or if he 
        or she is under 21
years of age that he or she has the 
        written consent of his or her parent or
legal guardian 
        to possess and acquire firearms and firearm ammunition 
        and that
he or she has never been convicted of a 
        misdemeanor other than a traffic
offense or adjudged

        delinquent, provided, however, that such parent or 
        legal guardian is not an
individual prohibited from 
        having a Firearm Owner's Identification Card and
files 
        an affidavit with the Department as prescribed by the 
        Department
stating that he or she is not an individual 
        prohibited from having a Card;


            (ii) He or she has not been convicted of a felony 
        under the laws of
this or any other jurisdiction;


            (iii) He or she is not addicted to narcotics;


            (iv) He or she has not been a patient in a mental 
        institution within
the past 5 years and he or she has 
        not  been adjudicated as a mental defective;


            (v) He or she is not mentally retarded;


            (vi) He or she is not an alien who is unlawfully 
        present in the
United States under the laws of the 
        United States;


            (vii) He or she is not subject to an existing order 
        of protection
prohibiting him or her from possessing a 
        firearm;


            (viii) He or she has not been convicted within the 
        past 5 years of
battery, assault, aggravated assault, 
        violation of an order of
protection, or a substantially 
        similar offense in another jurisdiction, in
which a 
        firearm was used or possessed;


            (ix) He or she has not been convicted of domestic 
        battery, aggravated domestic battery, or a

        substantially similar offense in another
jurisdiction 
        committed before, on or after the effective date of 
        this amendatory Act
of the 97th General Assembly 1997;


            (x) (Blank) He or she has not been convicted within 
        the past 5 years of domestic
battery or a substantially 
        similar offense in another jurisdiction committed

        before the effective date of this amendatory Act of 
        1997;


            (xi) He or she is not an alien who has been 
        admitted to the United
States under a non-immigrant 
        visa (as that term is defined in Section
101(a)(26) of 
        the Immigration and Nationality Act (8 U.S.C. 
        1101(a)(26))),
or that he or she is an alien who has 
        been lawfully admitted to the United
States under a 
        non-immigrant visa if that alien is:


                (1) admitted to the United States for lawful 
            hunting or sporting
purposes;


                (2) an official representative of a foreign 
            government who is:


                    (A) accredited to the United States 
                Government or the Government's
mission to an 
                international organization having its 
                headquarters in the United
States; or


                    (B) en route to or from another country to 
                which that alien is
accredited;


                (3) an official of a foreign government or 
            distinguished foreign
visitor who has been so 
            designated by the Department of State;


                (4) a foreign law enforcement officer of a 
            friendly foreign
government entering the United 
            States on official business; or


                (5) one who has received a waiver from the 
            Attorney General of the
United States pursuant to 
            18 U.S.C. 922(y)(3);


            (xii) He or she is not a minor subject to a 
        petition filed
under Section 5-520 of the Juvenile 
        Court Act of 1987 alleging that the
minor is a 
        delinquent minor for the commission of an offense that 
        if
committed by an adult would be a felony; and


            (xiii) He or she is not an adult who had been 
        adjudicated a delinquent
minor under the Juvenile 
        Court Act of 1987 for the commission of an offense
that 
        if committed by an adult would be a felony; and


        (3) Upon request by the Department of State Police, 
    sign a release on a
form prescribed by the Department of 
    State Police waiving any right to
confidentiality and 
    requesting the disclosure to the Department of State Police

    of limited mental health institution admission information 
    from another state,
the District of Columbia, any other 
    territory of the United States, or a
foreign nation 
    concerning the applicant for the sole purpose of 
    determining
whether the applicant is or was a patient in a 
    mental health institution and
disqualified because of that 
    status from receiving a Firearm Owner's
Identification 
    Card.  No mental health care or treatment records may be

    requested.  The information received shall be destroyed 
    within one year of
receipt.

    (a-5) Each applicant for a Firearm Owner's Identification 
Card who is over
the age of 18 shall furnish to the Department 
of State Police either his or
her driver's license number or 
Illinois Identification Card number.

    (a-10) Each applicant for a Firearm Owner's Identification 
Card,
who is employed as an armed security officer at a nuclear 
energy,
storage, weapons, or development facility regulated by 
the Nuclear
Regulatory Commission and who is not an Illinois 
resident, shall furnish to
the Department of State Police his 
or her driver's license number or state
identification card 
number from his or her state of residence.  The Department
of 
State Police may promulgate rules to enforce the provisions of 
this
subsection (a-10).

    (b) Each application form shall include the following 
statement printed in
bold type: "Warning: Entering false 
information on an application for a Firearm
Owner's 
Identification Card is punishable as a Class 2 felony in 
accordance
with subsection (d-5) of Section 14 of the Firearm 
Owners Identification Card
Act.".

    (c) Upon such written consent, pursuant to Section 4, 
paragraph (a)(2)(i),
the parent or legal guardian giving the 
consent shall be liable for any
damages resulting from the 
applicant's use of firearms or firearm ammunition.

(Source: P.A. 95-581, eff. 6-1-08.)

 


    (430 ILCS 65/8)  (from Ch. 38, par. 83-8)


    Sec. 8. The Department of State Police has authority to 
deny an
application for or to revoke and seize a Firearm 
Owner's Identification
Card previously issued under this Act 
only if the Department finds that the
applicant or the person 
to whom such card was issued is or was at the time
of issuance:

    (a) A person under 21 years of age who has been convicted 
of a
misdemeanor other than a traffic offense or adjudged 
delinquent;

    (b) A person under 21 years of age who does not have the 
written consent
of his parent or guardian to acquire and 
possess firearms and firearm
ammunition, or whose parent or 
guardian has revoked such written consent,
or where such parent 
or guardian does not qualify to have a Firearm Owner's

Identification Card;

    (c) A person convicted of a felony under the laws of this 
or any other
jurisdiction;

    (d) A person addicted to narcotics;

    (e) A person who has been a patient of a mental institution 
within the
past 5 years or has been adjudicated as a mental 
defective;

    (f) A person whose mental condition is of such a nature 
that it poses
a clear and present danger to the applicant, any 
other person or persons or
the community;

    For the purposes of this Section, "mental condition" means 
a state of
mind manifested by violent, suicidal, threatening or 
assaultive behavior.

    (g) A person who is mentally retarded;

    (h) A person who intentionally makes a false statement in 
the Firearm
Owner's Identification Card application;

    (i) An alien who is unlawfully present in
the United States 
under the laws of the United States;

    (i-5) An alien who has been admitted to the United States 
under a
non-immigrant visa (as that term is defined in Section 
101(a)(26) of the
Immigration and Nationality Act (8 U.S.C. 
1101(a)(26))), except that this
subsection (i-5) does not apply 
to any alien who has been lawfully admitted to
the United 
States under a non-immigrant visa if that alien is:


        (1) admitted to the United States for lawful hunting or 
    sporting purposes;


        (2) an official representative of a foreign government 
    who is:


            (A) accredited to the United States Government or 
        the Government's
mission to an international 
        organization having its headquarters in the United

        States; or


            (B) en route to or from another country to which 
        that alien is
accredited;


        (3) an official of a foreign government or 
    distinguished foreign visitor
who has been so designated by 
    the Department of State;


        (4) a foreign law enforcement officer of a friendly 
    foreign government
entering the United States on official 
    business; or


        (5) one who has received a waiver from the Attorney 
    General of the United
States pursuant to 18 U.S.C. 
    922(y)(3);

    (j) (Blank);

    (k) A person who has been convicted within the past 5 years 
of battery,
assault, aggravated assault, violation of an order 
of protection, or a
substantially similar offense in another 
jurisdiction, in which a firearm was
used or possessed;

    (l) A person who has been convicted of domestic battery, 
aggravated domestic battery, or a substantially
similar 
offense in another jurisdiction committed before, on or after 
the effective date of this amendatory Act of the 97th General 
Assembly January 1,
1998;

    (m) (Blank) A person who has been convicted within the past 
5 years of domestic
battery or a substantially similar offense 
in another jurisdiction committed
before January 1, 1998;

    (n) A person who is prohibited from acquiring or possessing

firearms or firearm ammunition by any Illinois State statute or 
by federal
law;

    (o) A minor subject to a petition filed under Section 5-520 
of the
Juvenile Court Act of 1987 alleging that the minor is a 
delinquent minor for
the commission of an offense that if 
committed by an adult would be a felony;
or

    (p) An adult who had been adjudicated a delinquent minor 
under the Juvenile
Court Act of 1987 for the commission of an 
offense that if committed by an
adult would be a felony.

(Source: P.A. 95-581, eff. 6-1-08; 96-701, eff. 1-1-10.)

 
    Section 10. The Code of Criminal Procedure of 1963 is 
amended  by changing Section 112A-14 as follows:
 



    (725 ILCS 5/112A-14)  (from Ch. 38, par. 112A-14)


    Sec. 112A-14. Order of protection; remedies. 

    (a) Issuance of order.  If the court finds that petitioner 
has been
abused by a family or household member, as defined in 
this Article, an
order of protection prohibiting such abuse 
shall issue; provided that
petitioner must also satisfy the 
requirements of one of the following
Sections, as appropriate: 
Section 112A-17 on emergency orders, Section
112A-18 on interim 
orders, or Section 112A-19 on
plenary orders.
Petitioner shall 
not be denied an order of protection because petitioner or

respondent is a minor.  The court, when determining whether or 
not to issue
an order of protection, shall not require physical 
manifestations of abuse
on the person of the victim.  
Modification and extension of prior orders of
protection shall 
be in accordance with this Article.

    (b) Remedies and standards.  The remedies to be included in 
an order of
protection shall be determined in accordance with 
this Section and one of
the following Sections, as appropriate: 
Section 112A-17 on
emergency orders,
Section 112A-18 on interim 
orders, and Section 112A-19 on
plenary orders.
 The remedies 
listed in this subsection shall be in addition to other civil

or criminal remedies available to petitioner.


        (1) Prohibition of abuse.  Prohibit respondent's 
    harassment,
interference with personal liberty, 
    intimidation of a dependent, physical
abuse or willful 
    deprivation, as defined in this Article, if such abuse has

    occurred or otherwise appears likely to occur if not 
    prohibited.


        (2) Grant of exclusive possession of residence. 
    Prohibit respondent
from entering or remaining in any 
    residence, household, or premises of the petitioner,

    including one owned or leased by respondent, if petitioner 
    has a right
to occupancy thereof.  The grant of exclusive 
    possession of the residence, household, or premises
shall 
    not affect title to real property, nor shall the court be 
    limited by
the standard set forth in Section 701 of the 
    Illinois Marriage and
Dissolution of Marriage Act.


            (A) Right to occupancy.  A party has a right to 
        occupancy of a
residence or household if it is
solely 
        or jointly owned or leased by that party, that party's 
        spouse, a
person with a legal duty to support that 
        party or a minor child in that
party's care, or by any 
        person or entity other than the opposing party that

        authorizes that party's occupancy (e.g., a domestic 
        violence shelter).
Standards set forth in subparagraph 
        (B) shall not preclude equitable relief.


            (B) Presumption of hardships.  If petitioner and 
        respondent
each has the right to occupancy of a 
        residence or household, the court
shall balance (i) the 
        hardships to respondent and any minor child or

        dependent adult in respondent's care resulting from 
        entry of this remedy with (ii)
the hardships to 
        petitioner and any minor child or dependent adult in

        petitioner's care resulting from continued exposure to 
        the risk of abuse (should
petitioner remain at the 
        residence or household) or from loss of possession
of 
        the residence or household (should petitioner leave to 
        avoid the risk
of abuse).  When determining the balance 
        of hardships, the court shall also
take into account 
        the accessibility of the residence or household.

        Hardships need not be balanced if respondent does not 
        have a right to occupancy.


            The balance of hardships is presumed to favor 
        possession by
petitioner unless the presumption is 
        rebutted by a preponderance of the
evidence, showing 
        that the hardships to respondent substantially 
        outweigh
the hardships to petitioner and any minor 
        child or dependent adult in petitioner's
care.  The 
        court, on the request of petitioner or on its own 
        motion,
may order respondent to provide suitable, 
        accessible, alternate housing
for petitioner instead 
        of
excluding respondent from a mutual residence or 
        household.


        (3) Stay away order and additional prohibitions.
Order 
    respondent to stay away from petitioner or any other person

    protected by the order of protection, or prohibit 
    respondent from entering
or remaining present at 
    petitioner's school, place of employment, or other

    specified places at times when petitioner is present, or 
    both, if
reasonable, given
the balance of hardships.  
    Hardships need not be balanced for the court
to enter a 
    stay away order or prohibit entry
if respondent has no 
    right to enter the premises.


        If an order of protection grants petitioner exclusive 
    possession
of the residence, or prohibits respondent from 
    entering the residence,
or orders respondent to stay away 
    from petitioner or other
protected persons, then the court 
    may allow respondent access to the
residence to remove 
    items of clothing and personal adornment
used exclusively 
    by respondent, medications, and other items as the court 
    directs.
The right to access shall be exercised on only one 
    occasion as the court directs
and in the presence of an 
    agreed-upon adult third party or law enforcement officer.


        (4) Counseling.  Require or recommend the respondent to 
    undergo
counseling for a specified duration with a social 
    worker, psychologist,
clinical psychologist, psychiatrist, 
    family service agency, alcohol or
substance abuse program, 
    mental health center guidance counselor, agency
providing 
    services to elders, program designed for domestic violence

    abusers or any other guidance service the court deems 
    appropriate. The court may order the respondent in any 
    intimate partner relationship to report to an Illinois 
    Department of Human Services  protocol approved partner 
    abuse intervention program for an assessment and to follow 
    all recommended treatment. 


        (5) Physical care and possession of the minor child.  In 
    order to protect
the minor child from abuse, neglect, or 
    unwarranted separation from the person
who has been the 
    minor child's primary caretaker, or to otherwise protect 
    the
well-being of the minor child, the court may do either 
    or both of the following:
(i) grant petitioner physical 
    care or possession of the minor child, or both, or
(ii) 
    order respondent to return a minor child to, or not remove 
    a minor child
from, the physical care of a parent or person 
    in loco parentis.


        If a court finds, after a hearing, that respondent has 
    committed abuse
(as defined in Section 112A-3) of a minor 
    child, there shall be a
rebuttable presumption that 
    awarding physical care to respondent would not
be in the 
    minor child's best interest.


        (6) Temporary legal custody.
Award temporary legal 
    custody to petitioner in accordance with this Section,
the 
    Illinois Marriage
and Dissolution of Marriage Act, the 
    Illinois Parentage Act of 1984,
and this State's Uniform 
    Child-Custody
Jurisdiction and Enforcement Act. 


        If a court finds, after a hearing, that respondent
has 
    committed abuse (as defined in Section 112A-3) of a
minor 
    child, there shall be a rebuttable presumption that 
    awarding
temporary legal custody to respondent would not be 
    in the
child's best interest.


        (7) Visitation.  Determine the
visitation rights, if 
    any, of respondent in any case in which the court
awards 
    physical care or temporary legal custody of a minor child 
    to
petitioner.  The court shall restrict or deny 
    respondent's visitation with
a minor child if
the court 
    finds that respondent has done or is likely to do any of 
    the
following: (i) abuse or endanger the minor child during 
    visitation; (ii) use the
visitation as an opportunity to 
    abuse or harass petitioner or
petitioner's family or 
    household members; (iii) improperly conceal or
detain the 
    minor child; or (iv) otherwise act in a manner that is not 
    in
the best interests of the minor child.  The court shall 
    not be limited by the
standards set forth in Section 607.1 
    of the Illinois Marriage and
Dissolution of Marriage Act.  
    If the court grants visitation, the order
shall specify 
    dates and times for the visitation to take place or other

    specific parameters or conditions that are appropriate.  No 
    order for
visitation shall refer merely to the term 
    "reasonable visitation".


        Petitioner may deny respondent access to the minor 
    child if, when
respondent arrives for visitation, 
    respondent is under the influence of drugs
or alcohol and 
    constitutes a threat to the safety and well-being of

    petitioner or petitioner's minor children or is behaving in 
    a violent or abusive manner.


        If necessary to protect any member of petitioner's 
    family or
household from future abuse, respondent shall be 
    prohibited from coming to
petitioner's residence to meet 
    the minor child for visitation, and the
parties shall 
    submit to the court their recommendations for reasonable

    alternative arrangements for visitation.  A person may be 
    approved to
supervise visitation only after filing an 
    affidavit accepting
that responsibility and acknowledging 
    accountability to the court.


        (8) Removal or concealment of minor child.
Prohibit 
    respondent from
removing a minor child from the State or 
    concealing the child within the
State.


        (9) Order to appear.  Order the respondent to
appear in 
    court, alone
or with a minor child, to prevent abuse, 
    neglect, removal or concealment of
the child, to return the 
    child to the custody or care of the petitioner or
to permit 
    any court-ordered interview or examination of the child or 
    the
respondent.


        (10) Possession of personal property.  Grant petitioner 
    exclusive
possession of personal property and, if 
    respondent has possession or
control, direct respondent to 
    promptly make it available to petitioner, if:


            (i) petitioner, but not respondent, owns the 
        property; or


            (ii) the parties own the property jointly; sharing 
        it would risk
abuse of petitioner by respondent or is 
        impracticable; and the balance of
hardships favors 
        temporary possession by petitioner.


        If petitioner's sole claim to ownership of the property 
    is that it is
marital property, the court may award 
    petitioner temporary possession
thereof under the 
    standards of subparagraph (ii) of this paragraph only if
a 
    proper proceeding has been filed under the Illinois 
    Marriage and
Dissolution of Marriage Act, as now or 
    hereafter amended.


        No order under this provision shall affect title to 
    property.


        (11) Protection of property.  Forbid the respondent 
    from taking,
transferring, encumbering, concealing, 
    damaging or otherwise disposing of
any real or personal 
    property, except as explicitly authorized by the
court, if:


            (i) petitioner, but not respondent, owns the 
        property; or


            (ii) the parties own the property jointly,
and the 
        balance of hardships favors granting this remedy.


        If petitioner's sole claim to ownership of the property 
    is that it is
marital property, the court may grant 
    petitioner relief under subparagraph
(ii) of this 
    paragraph only if a proper proceeding has been filed under 
    the
Illinois Marriage and Dissolution of Marriage Act, as 
    now or hereafter amended.


        The court may further prohibit respondent from 
    improperly using the
financial or other resources of an 
    aged member of the family or household
for the profit or 
    advantage of respondent or of any other person.

        (11.5)  Protection of animals.  Grant the petitioner  the 
    exclusive care, custody, or control of any animal owned, 
    possessed, leased, kept, or held by either the petitioner 
    or the respondent or a minor child residing in the 
    residence or household of either the petitioner or the 
    respondent and order the respondent to stay away from the 
    animal and forbid the respondent from taking, 
    transferring, encumbering, concealing, harming, or 
    otherwise disposing of the animal.


        (12) Order for payment of support.  Order
respondent to 
    pay temporary
support for the petitioner or any child in 
    the petitioner's care or
custody, when the respondent has a 
    legal obligation to support that person,
in accordance with 
    the Illinois Marriage and Dissolution
of Marriage Act, 
    which shall govern, among other matters, the amount of

    support, payment through the clerk and withholding of 
    income to secure
payment.  An order for child support may be 
    granted to a petitioner with
lawful physical care or 
    custody of a child, or an order or agreement for
physical 
    care or custody, prior to entry of an order for legal 
    custody.
Such a support order shall expire upon entry of a 
    valid order granting
legal custody to another, unless 
    otherwise provided in the custody order.


        (13) Order for payment of losses. Order
respondent to 
    pay petitioner
for losses suffered as a direct result of 
    the abuse.  Such losses shall
include, but not be limited 
    to, medical expenses, lost earnings or other
support, 
    repair or replacement of property damaged or taken, 
    reasonable
attorney's fees, court costs and moving or other 
    travel expenses, including
additional reasonable expenses 
    for temporary shelter and restaurant meals.


            (i) Losses affecting family needs.  If a party is 
        entitled to seek
maintenance, child support or 
        property distribution from the other party
under the 
        Illinois Marriage and Dissolution of Marriage Act, as 
        now or
hereafter amended, the court may order 
        respondent to reimburse petitioner's
actual losses, to 
        the extent that such reimbursement would be 
        "appropriate
temporary relief", as authorized by 
        subsection (a)(3) of
Section 501 of that Act.


            (ii) Recovery of expenses.  In the case of an 
        improper concealment
or removal of a minor child, the 
        court may order respondent to pay the reasonable

        expenses incurred or to be incurred in the search for 
        and recovery of the
minor child, including but not 
        limited to legal fees, court costs, private

        investigator fees, and travel costs.


        (14) Prohibition of entry.  Prohibit the respondent 
    from entering or
remaining in the residence or household 
    while the respondent is under the
influence of alcohol or 
    drugs and constitutes a threat to the safety and
well-being 
    of the petitioner or the petitioner's children.


        (14.5) Prohibition of firearm possession.  
            (a) Prohibit a respondent against whom an order of 
        protection was issued  from possessing any firearms 
        during the duration of the order if the order:
                (1) was issued after a hearing of which such 
            person received
actual notice, and at which such 
            person had an opportunity to
participate;
                (2) restrains such person from harassing, 
            stalking, or
threatening an intimate partner of 
            such person or child of such
intimate partner or 
            person, or engaging in other conduct that
would 
            place an intimate partner in reasonable fear of 
            bodily
injury to the partner or child; and
                (3)(i) includes a finding that such person 
            represents a
credible threat to the physical 
            safety of such intimate partner
or child; or
(ii) 
            by its terms explicitly prohibits the use, 
            attempted
use, or threatened use of physical force 
            against such intimate
partner or child that would 
            reasonably be expected to cause
bodily injury.
        Any When a complaint is made
under a request for an 
        order of protection, that the respondent has 
        threatened
or is likely to use firearms illegally 
        against the petitioner, the court shall examine on oath 
        the petitioner, and any witnesses who
may be produced.  
        If the court is satisfied that there is any danger of 
        the
illegal use of firearms, and the respondent is 
        present in court, it shall issue an order that any 
        firearms in the
possession of the respondent, except as 
        provided in subsection (b), shall be ordered by the 
        court to be turned
over to the local law enforcement 
        agency
for  safekeeping.  The court If the court is 
        satisfied that there is any danger of the illegal use 
        of firearms, and the respondent is present in court, it  
        shall issue an order that the respondent's Firearm 
        Owner's Identification Card be turned over to the local 
        law enforcement agency for safekeeping.  If the court is 
        satisfied that there is any danger of the illegal use 
        of firearms, and if the respondent is not present in 
        court, the court shall
issue a warrant for seizure of 
        the respondent's Firearm Owner's Identification Card 
        and any firearm in the possession of the respondent, 
        except as provided in subsection (b), be turned over to 
        the local law enforcement agency for safekeeping.
The 
        period of safekeeping shall be for the duration of the 
        order of protection a stated period of time not to 
        exceed 2
years.  The firearm or firearms shall be 
        returned to the respondent  at the end
of the stated 
        period or at expiration of the order of protection, 
        whichever is
sooner.

            (b) If the respondent is a peace officer as defined 
        in Section 2-13 of
the
Criminal Code of 1961, the court 
        shall order that any firearms used by the
respondent in 
        the performance of his or her duties as a
peace officer 
        be surrendered to
the chief law enforcement executive 
        of the agency in which the respondent is
employed, who 
        shall retain the firearms for safekeeping for the 
        duration of the order of protection stated period
not 
        to exceed 2 years as set forth in the court order.

            (c)  Upon expiration of the period of safekeeping, 
        if the firearms or Firearm Owner's Identification Card 
        cannot be returned to respondent because respondent 
        cannot be located, fails to respond to requests to 
        retrieve the firearms, or is not lawfully eligible to 
        possess a firearm, upon petition from the local law 
        enforcement agency, the court may order the local law 
        enforcement agency to destroy the firearms, use the 
        firearms for training purposes, or for any other 
        application as deemed appropriate by the local law 
        enforcement agency; or that the firearms be turned over 
        to a third party who is lawfully eligible to possess 
        firearms, and who does not reside with respondent. 

        (15) Prohibition of access to records.  If an order of 
    protection
prohibits respondent from having contact with 
    the minor child,
or if petitioner's address is omitted 
    under subsection (b) of
Section 112A-5, or if necessary to 
    prevent abuse or wrongful removal or
concealment of a minor 
    child, the order shall deny respondent access to, and

    prohibit respondent from inspecting, obtaining, or 
    attempting to
inspect or obtain, school or any other 
    records of the minor child
who is in the care of 
    petitioner.


        (16) Order for payment of shelter services.  Order 
    respondent to
reimburse a shelter providing temporary 
    housing and counseling services to
the petitioner for the 
    cost of the services, as certified by the shelter
and 
    deemed reasonable by the court.


        (17) Order for injunctive relief.  Enter injunctive 
    relief necessary
or appropriate to prevent further abuse of 
    a family or household member or
to effectuate one of the 
    granted remedies, if supported by the balance of
hardships.  
    If the harm to be prevented by the injunction is abuse or 
    any
other harm that one of the remedies listed in 
    paragraphs (1) through (16)
of this subsection is designed 
    to prevent, no further evidence is necessary
to establish 
    that the harm is an irreparable injury.

    (c) Relevant factors; findings.


        (1) In determining whether to grant a
specific remedy, 
    other than payment of support, the
court shall consider 
    relevant factors, including but not limited to the

    following:


            (i) the nature, frequency, severity, pattern and 
        consequences of the
respondent's past abuse of the 
        petitioner or any family or household
member, 
        including the concealment of his or her location in 
        order to evade
service of process or notice, and the 
        likelihood of danger of future abuse to
petitioner or

        any member of petitioner's or respondent's family or 
        household; and


            (ii) the danger that any minor child will be abused 
        or neglected or
improperly removed from the 
        jurisdiction, improperly concealed within the
State or 
        improperly separated from the child's primary 
        caretaker.


        (2) In comparing relative hardships resulting to the 
    parties from loss
of possession of the family home, the 
    court shall consider relevant
factors, including but not 
    limited to the following:


            (i) availability, accessibility, cost, safety, 
        adequacy, location and other
characteristics of 
        alternate housing for each party and any minor child or

        dependent adult in the party's care;


            (ii) the effect on the party's employment; and


            (iii) the effect on the relationship of the party, 
        and any minor
child or dependent adult in the party's 
        care, to family, school, church
and community.


        (3) Subject to the exceptions set forth in paragraph 
    (4) of this
subsection, the court shall make its findings 
    in an official record or in
writing, and shall at a minimum 
    set forth the following:


            (i) That the court has considered the applicable 
        relevant factors
described in paragraphs (1) and (2) of 
        this subsection.


            (ii) Whether the conduct or actions of respondent, 
        unless
prohibited, will likely cause irreparable harm 
        or continued abuse.


            (iii) Whether it is necessary to grant the 
        requested relief in order
to protect petitioner or 
        other alleged abused persons.


        (4) For purposes of issuing an ex parte emergency order 
    of protection,
the court, as an alternative to or as a 
    supplement to making the findings
described in paragraphs 
    (c)(3)(i) through (c)(3)(iii) of this subsection, may use

    the following procedure:


        When a verified petition for an emergency order of 
    protection in
accordance with the requirements of Sections 
    112A-5 and 112A-17 is
presented to the court, the court 
    shall examine petitioner on oath or
affirmation.  An 
    emergency order of protection shall be issued by the court

    if it appears from the contents of the petition and the 
    examination of
petitioner that the averments are 
    sufficient to indicate abuse by
respondent and to support 
    the granting of relief under the issuance of the
emergency 
    order of protection.


        (5) Never married parties.  No rights or 
    responsibilities for a minor
child born outside of marriage 
    attach to a putative father until a father and
child 
    relationship has been established under the Illinois 
    Parentage Act of
1984.  Absent such an adjudication, no 
    putative father shall be granted
temporary custody of the 
    minor child, visitation with the minor child, or
physical 
    care
and possession of the minor child, nor shall
an order 
    of payment for support of the minor child be entered.

    (d) Balance of hardships; findings.  If the court finds that 
the balance
of hardships does not support the granting of a 
remedy governed by
paragraph (2), (3), (10), (11), or (16) of

subsection (b) of this Section,
which may require such 
balancing, the court's findings shall so
indicate and shall 
include a finding as to whether granting the remedy will
result 
in hardship to respondent that would substantially outweigh the 
hardship
to petitioner
from denial of the remedy.  The findings 
shall be an official record or in
writing.

    (e) Denial of remedies.  Denial of any remedy shall not be 
based, in
whole or in part, on evidence that:


        (1) Respondent has cause for any use of force, unless 
    that cause
satisfies the standards for justifiable use of 
    force provided by Article
VII of the Criminal Code of 1961;


        (2) Respondent was voluntarily intoxicated;


        (3) Petitioner acted in self-defense or defense of 
    another, provided
that, if petitioner utilized force, such 
    force was justifiable under
Article VII of the Criminal 
    Code of 1961; 


        (4) Petitioner did not act in self-defense or defense 
    of another;


        (5) Petitioner left the residence or household to avoid 
    further abuse
by respondent;


        (6) Petitioner did not leave the residence or household 
    to avoid further
abuse by respondent;


        (7) Conduct by any family or household member excused 
    the abuse by
respondent, unless that same conduct would 
    have excused such abuse if the
parties had not been family 
    or household members.

(Source: P.A. 95-234, eff. 1-1-08; 95-773, eff. 1-1-09; 96-701, 
eff. 1-1-10; 96-1239, eff. 1-1-11.)

 
    Section 15. The Illinois Domestic Violence Act of 1986 is 
amended  by changing Section 214 as follows:
 



    (750 ILCS 60/214)  (from Ch. 40, par. 2312-14)


    Sec. 214. Order of protection; remedies. 

    (a) Issuance of order.  If the court finds that petitioner 
has been
abused by a family or household member or that 
petitioner is a high-risk
adult who has been abused, neglected, 
or exploited, as defined in this Act,
an order of protection 
prohibiting the abuse, neglect, or exploitation
shall issue; 
provided that petitioner must also satisfy the requirements of

one of the following Sections, as appropriate: Section 217 on 
emergency
orders, Section 218 on interim orders, or Section 219 
on plenary orders.
Petitioner shall not be denied an order of 
protection because petitioner or
respondent is a minor. The 
court, when determining whether or not to issue
an order of 
protection, shall not require physical manifestations of abuse

on the person of the victim. Modification and extension of 
prior
orders of protection shall be in accordance with this 
Act.

    (b) Remedies and standards.  The remedies to be included in 
an order of
protection shall be determined in accordance with 
this Section and one of
the following Sections, as appropriate: 
Section 217 on emergency orders,
Section 218 on interim orders, 
and Section 219 on plenary orders.  The
remedies listed in this 
subsection shall be in addition to other civil or
criminal 
remedies available to petitioner.


        (1) Prohibition of abuse, neglect, or exploitation.  
    Prohibit
respondent's harassment, interference with 
    personal liberty, intimidation
of a dependent, physical 
    abuse, or willful deprivation, neglect or
exploitation, as 
    defined in this Act, or stalking of the petitioner, as 
    defined
in Section 12-7.3 of the Criminal Code of 1961, if 
    such abuse, neglect,
exploitation, or stalking has 
    occurred or otherwise appears likely to occur if
not 
    prohibited.


        (2) Grant of exclusive possession of residence. 
    Prohibit respondent from
entering or remaining in any 
    residence, household, or premises of the petitioner,

    including one owned or leased by respondent, if petitioner 
    has a right to
occupancy thereof. The grant of exclusive 
    possession of the residence, household, or premises shall 
    not
affect title to real property, nor shall the court be 
    limited by the standard
set forth in Section 701 of the 
    Illinois Marriage and Dissolution of Marriage
Act.


            (A) Right to occupancy.  A party has a right to 
        occupancy of a
residence or household if it is solely 
        or jointly owned or leased by that
party, that party's 
        spouse, a person with a legal duty to support that 
        party or
a minor child in that party's care, or by any 
        person or entity other than the
opposing party that 
        authorizes that party's occupancy (e.g., a domestic

        violence shelter). Standards set forth in subparagraph 
        (B) shall not preclude
equitable relief.


            (B) Presumption of hardships.  If petitioner and 
        respondent
each has the right to occupancy of a 
        residence or household, the court
shall balance (i) the 
        hardships to respondent and any minor child or

        dependent adult in respondent's care resulting from 
        entry of this remedy with
(ii) the hardships to 
        petitioner and any minor child or dependent adult in

        petitioner's care resulting from continued exposure to 
        the risk of abuse
(should petitioner remain at the 
        residence or household) or from loss of
possession of 
        the residence or household (should petitioner leave to 
        avoid the
risk of abuse).  When determining the balance 
        of hardships, the court shall
also take into account 
        the accessibility of the residence or household.

        Hardships need not be balanced if respondent does not 
        have a right to
occupancy.


            The balance of hardships is presumed to favor 
        possession by
petitioner unless the presumption is 
        rebutted by a preponderance of the
evidence, showing 
        that the hardships to respondent substantially 
        outweigh
the hardships to petitioner and any minor 
        child or dependent adult in
petitioner's care.  The 
        court, on the request of petitioner or on its own

        motion, may order respondent to provide suitable, 
        accessible, alternate housing
for petitioner instead 
        of excluding respondent from a mutual residence or

        household.


        (3) Stay away order and additional prohibitions.
Order 
    respondent to stay away from petitioner or any other person

    protected by the order of protection, or prohibit 
    respondent from entering
or remaining present at 
    petitioner's school, place of employment, or other

    specified places at times when petitioner is present, or 
    both, if
reasonable, given the balance of hardships.  
    Hardships need not be balanced for
the court to enter a 
    stay away order or prohibit entry if respondent has no

    right to enter the premises.


        If an order of protection grants petitioner exclusive 
    possession
of the residence, or prohibits respondent from 
    entering the residence,
or orders respondent to stay away 
    from petitioner or other
protected persons, then the court 
    may allow respondent access to the
residence to remove 
    items of clothing and personal adornment
used exclusively 
    by respondent, medications, and other items as the court

    directs. The right to access shall be exercised on only one 
    occasion as the
court directs and in the presence of an 
    agreed-upon adult third party or law
enforcement officer.


        (4) Counseling.  Require or recommend the respondent to 
    undergo
counseling for a specified duration with a social 
    worker, psychologist,
clinical psychologist, psychiatrist, 
    family service agency, alcohol or
substance abuse program, 
    mental health center guidance counselor, agency
providing 
    services to elders, program designed for domestic violence

    abusers or any other guidance service the court deems 
    appropriate. The Court may order the respondent in any 
    intimate partner relationship to report to an Illinois 
    Department of Human Services protocol approved partner 
    abuse intervention program for an assessment and to follow 
    all recommended treatment. 


        (5) Physical care and possession of the minor child.  In 
    order to protect
the minor child from abuse, neglect, or 
    unwarranted separation from the person
who has been the 
    minor child's primary caretaker, or to otherwise protect 
    the
well-being of the minor child, the court may do either 
    or both of the
following: (i) grant petitioner physical 
    care or possession of the minor child,
or both, or (ii) 
    order respondent to return a minor child to, or not remove 
    a
minor child from, the physical care of a parent or person 
    in loco parentis.


        If a court finds, after a hearing, that respondent has 
    committed abuse
(as defined in Section 103) of a minor 
    child, there shall be a
rebuttable presumption that 
    awarding physical care to respondent would not
be in the 
    minor child's best interest.


        (6) Temporary legal custody. Award temporary legal 
    custody to petitioner
in accordance with this Section, the 
    Illinois Marriage and Dissolution of
Marriage Act, the 
    Illinois Parentage Act of 1984, and this State's Uniform

    Child-Custody Jurisdiction and Enforcement Act. 


        If a court finds, after a hearing, that respondent has 
    committed abuse (as
defined in Section 103) of a minor 
    child, there shall be a rebuttable
presumption that 
    awarding temporary legal custody to respondent would not be 
    in
the child's best interest.


        (7) Visitation.  Determine the visitation rights, if 
    any, of respondent in
any case in which the court awards 
    physical care or temporary legal custody of
a minor child 
    to petitioner.  The court shall restrict or deny 
    respondent's
visitation with a minor child if the court 
    finds that respondent has done or is
likely to do any of 
    the following: (i) abuse or endanger the minor child during

    visitation; (ii) use the visitation as an opportunity to 
    abuse or harass
petitioner or petitioner's family or 
    household members; (iii) improperly
conceal or detain the 
    minor child; or (iv) otherwise act in a manner that is
not 
    in the best interests of the minor child.  The court shall 
    not be limited
by the standards set forth in Section 607.1 
    of the Illinois Marriage and
Dissolution of Marriage Act.  
    If the court grants visitation, the order shall
specify 
    dates and times for the visitation to take place or other 
    specific
parameters or conditions that are appropriate.  No 
    order for visitation shall
refer merely to the term 
    "reasonable visitation".


        Petitioner may deny respondent access to the minor 
    child if, when
respondent arrives for visitation, 
    respondent is under the influence of drugs
or alcohol and 
    constitutes a threat to the safety and well-being of

    petitioner or petitioner's minor children or is behaving in 
    a violent or
abusive manner.


        If necessary to protect any member of petitioner's 
    family or
household from future abuse, respondent shall be 
    prohibited from coming to
petitioner's residence to meet 
    the minor child for visitation, and the
parties shall 
    submit to the court their recommendations for reasonable

    alternative arrangements for visitation.  A person may be 
    approved to
supervise visitation only after filing an 
    affidavit accepting
that responsibility and acknowledging 
    accountability to the court.


        (8) Removal or concealment of minor child. Prohibit 
    respondent from
removing a minor child from the State or 
    concealing the child within the State.


        (9) Order to appear.  Order the respondent to appear in 
    court, alone
or with a minor child, to prevent abuse, 
    neglect, removal or concealment of
the child, to return the 
    child to the custody or care of the petitioner or
to permit 
    any court-ordered interview or examination of the child or 
    the
respondent.


        (10) Possession of personal property.  Grant petitioner 
    exclusive
possession of personal property and, if 
    respondent has possession or
control, direct respondent to 
    promptly make it available to petitioner, if:


            (i) petitioner, but not respondent, owns the 
        property; or


            (ii) the parties own the property jointly; sharing 
        it would risk
abuse of petitioner by respondent or is 
        impracticable; and the balance of
hardships favors 
        temporary possession by petitioner.


        If petitioner's sole claim to ownership of the property 
    is that it is
marital property, the court may award 
    petitioner temporary possession
thereof under the 
    standards of subparagraph (ii) of this paragraph only if
a 
    proper proceeding has been filed under the Illinois 
    Marriage and
Dissolution of Marriage Act, as now or 
    hereafter amended.


        No order under this provision shall affect title to 
    property.


        (11) Protection of property.  Forbid the respondent 
    from taking,
transferring, encumbering, concealing, 
    damaging or otherwise disposing of
any real or personal 
    property, except as explicitly authorized by the
court, if:


            (i) petitioner, but not respondent, owns the 
        property; or


            (ii) the parties own the property jointly,
and the 
        balance of hardships favors granting this remedy.


        If petitioner's sole claim to ownership of the property 
    is that it is
marital property, the court may grant 
    petitioner relief under subparagraph
(ii) of this 
    paragraph only if a proper proceeding has been filed under 
    the
Illinois Marriage and Dissolution of Marriage Act, as 
    now or hereafter amended.


        The court may further prohibit respondent from 
    improperly using the
financial or other resources of an 
    aged member of the family or household
for the profit or 
    advantage of respondent or of any other person.

        (11.5)  Protection of animals.  Grant the petitioner  the 
    exclusive care, custody, or control of any animal owned, 
    possessed, leased, kept, or held by either the petitioner 
    or the respondent or a minor child residing in the 
    residence or household of either the petitioner or the 
    respondent and order the respondent to stay away from the 
    animal and forbid the respondent from taking, 
    transferring, encumbering, concealing, harming, or 
    otherwise disposing of the animal.


        (12) Order for payment of support.  Order respondent to 
    pay temporary
support for the petitioner or any child in 
    the petitioner's care or
custody, when the respondent has a 
    legal obligation to support that person,
in accordance with 
    the Illinois Marriage and Dissolution
of Marriage Act, 
    which shall govern, among other matters, the amount of

    support, payment through the clerk and withholding of 
    income to secure
payment.  An order for child support may be 
    granted to a petitioner with
lawful physical care or 
    custody of a child, or an order or agreement for
physical 
    care or custody, prior to entry of an order for legal 
    custody.
Such a support order shall expire upon entry of a 
    valid order granting
legal custody to another, unless 
    otherwise provided in the custody order.


        (13) Order for payment of losses. Order respondent to 
    pay petitioner for
losses suffered as a direct result of 
    the abuse, neglect, or exploitation.
Such losses shall 
    include, but not be limited to, medical expenses, lost

    earnings or other support, repair or replacement of 
    property damaged or taken,
reasonable attorney's fees, 
    court costs and moving or other travel expenses,
including 
    additional reasonable expenses for temporary shelter and 
    restaurant
meals.


            (i) Losses affecting family needs.  If a party is 
        entitled to seek
maintenance, child support or 
        property distribution from the other party
under the 
        Illinois Marriage and Dissolution of Marriage Act, as 
        now or
hereafter amended, the court may order 
        respondent to reimburse petitioner's
actual losses, to 
        the extent that such reimbursement would be 
        "appropriate
temporary relief", as authorized by 
        subsection (a)(3) of Section 501 of
that Act.


            (ii) Recovery of expenses.  In the case of an 
        improper concealment
or removal of a minor child, the 
        court may order respondent to pay the
reasonable 
        expenses incurred or to be incurred in the search for 
        and recovery
of the minor child, including but not 
        limited to legal fees, court costs,
private 
        investigator fees, and travel costs.


        (14) Prohibition of entry.  Prohibit the respondent 
    from entering or
remaining in the residence or household 
    while the respondent is under the
influence of alcohol or 
    drugs and constitutes a threat to the safety and
well-being 
    of the petitioner or the petitioner's children.


        (14.5) Prohibition of firearm possession.


            (a) Prohibit a respondent against whom an order of 
        protection was issued  from possessing any firearms 
        during the duration of the order if the order:
                (1) was issued after a hearing of which such 
            person received
actual notice, and at which such 
            person had an opportunity to
participate;
                (2) restrains such person from harassing, 
            stalking, or
threatening an intimate partner of 
            such person or child of such
intimate partner or 
            person, or engaging in other conduct that
would 
            place an intimate partner in reasonable fear of 
            bodily
injury to the partner or child; and
                (3)(i) includes a finding that such person 
            represents a
credible threat to the physical 
            safety of such intimate partner
or child; or
(ii) 
            by its terms explicitly prohibits the use, 
            attempted
use, or threatened use of physical force 
            against such intimate
partner or child that would 
            reasonably be expected to cause
bodily injury.
        Any When a complaint is made
under a request for an 
        order of protection, that the respondent has 
        threatened
or is likely to use firearms illegally 
        against the petitioner, the court shall examine on oath 
        the petitioner, and any witnesses who
may be produced.  
        If the court is satisfied that there is any danger of 
        the
illegal use of firearms, and the respondent is 
        present in court, it shall issue an order that any 
        firearms and any Firearm Owner's Identification Card 
        in the
possession of the respondent, except as provided 
        in subsection (b), shall be ordered by the court to be 
        turned
over to the local law enforcement agency
for 
        safekeeping.  The If the court is satisfied that there 
        is any danger of the illegal use of firearms, and if 
        the respondent is not present in court, the court shall

        issue a warrant for seizure of any firearm and Firearm 
        Owner's Identification Card in the possession of the 
        respondent, to be kept by the local law enforcement 
        agency for safekeeping, except as provided in 
        subsection (b).
The period of safekeeping shall be for 
        the duration of the order of protection a stated period 
        of time not to exceed 2
years.  The firearm or firearms 
        and Firearm Owner's Identification Card shall be 
        returned to the respondent at the end
of the stated 
        period or at expiration of the order of protection, 
        whichever is
sooner.


            (b) If the respondent is a peace officer as defined 
        in Section 2-13 of
the
Criminal Code of 1961, the court 
        shall order that any firearms used by the
respondent in 
        the performance of his or her duties as a
peace officer 
        be surrendered to
the chief law enforcement executive 
        of the agency in which the respondent is
employed, who 
        shall retain the firearms for safekeeping for the 
        duration of the order of protection stated period
not 
        to exceed 2 years as set forth in the court order.

            (c)  Upon expiration of the period of safekeeping, 
        if the firearms or Firearm Owner's Identification Card 
        cannot be returned to respondent because respondent 
        cannot be located, fails to respond to requests to 
        retrieve the firearms, or is not lawfully eligible to 
        possess a firearm, upon petition from the local law 
        enforcement agency, the court may order the local law 
        enforcement agency to destroy the firearms, use the 
        firearms for training purposes, or for any other 
        application as deemed appropriate by the local law 
        enforcement agency; or that the firearms be turned over 
        to a third party who is lawfully eligible to possess 
        firearms, and who does not reside with respondent. 

        (15) Prohibition of access to records.  If an order of 
    protection
prohibits respondent from having contact with 
    the minor child,
or if petitioner's address is omitted 
    under subsection (b) of
Section 203, or if necessary to 
    prevent abuse or wrongful removal or
concealment of a minor 
    child, the order shall deny respondent access to, and

    prohibit respondent from inspecting, obtaining, or 
    attempting to
inspect or obtain, school or any other 
    records of the minor child
who is in the care of 
    petitioner.


        (16) Order for payment of shelter services.  Order 
    respondent to
reimburse a shelter providing temporary 
    housing and counseling services to
the petitioner for the 
    cost of the services, as certified by the shelter
and 
    deemed reasonable by the court.


        (17) Order for injunctive relief.  Enter injunctive 
    relief necessary
or appropriate to prevent further abuse of 
    a family or household member
or further abuse, neglect, or 
    exploitation of a high-risk adult with
disabilities or to 
    effectuate one of the granted remedies, if supported by the

    balance of hardships.  If the harm to be prevented by the 
    injunction is abuse
or any other harm that one of the 
    remedies listed in paragraphs (1) through
(16) of this 
    subsection is designed to prevent, no further evidence is

    necessary that the harm is an irreparable injury.

    (c) Relevant factors; findings.


        (1) In determining whether to grant a specific remedy, 
    other than
payment of support, the court shall consider

    relevant factors, including but not limited to the 
    following:


            (i) the nature, frequency, severity, pattern and 
        consequences of the
respondent's past abuse, neglect 
        or exploitation of the petitioner or
any family or 
        household member, including the concealment of his or 
        her
location in order to evade service of process or 
        notice, and the likelihood of
danger of future abuse, 
        neglect, or exploitation to petitioner or any member of

        petitioner's or respondent's family or household; and


            (ii) the danger that any minor child will be abused 
        or neglected or
improperly removed from the 
        jurisdiction, improperly concealed within the
State or 
        improperly separated from the child's primary 
        caretaker.


        (2) In comparing relative hardships resulting to the 
    parties from loss
of possession of the family home, the 
    court shall consider relevant
factors, including but not 
    limited to the following:


            (i) availability, accessibility, cost, safety, 
        adequacy, location and
other characteristics of 
        alternate housing for each party and any minor child
or 
        dependent adult in the party's care;


            (ii) the effect on the party's employment; and


            (iii) the effect on the relationship of the party, 
        and any minor
child or dependent adult in the party's 
        care, to family, school, church
and community.


        (3) Subject to the exceptions set forth in paragraph 
    (4) of this
subsection, the court shall make its findings 
    in an official record or in
writing, and shall at a minimum 
    set forth the following:


            (i) That the court has considered the applicable 
        relevant factors
described in paragraphs (1) and (2) of 
        this subsection.


            (ii) Whether the conduct or actions of respondent, 
        unless
prohibited, will likely cause irreparable harm 
        or continued abuse.


            (iii) Whether it is necessary to grant the 
        requested relief in order
to protect petitioner or 
        other alleged abused persons.


        (4) For purposes of issuing an ex parte emergency order 
    of protection,
the court, as an alternative to or as a 
    supplement to making the findings
described in paragraphs 
    (c)(3)(i) through (c)(3)(iii) of this subsection, may
use 
    the following procedure:


        When a verified petition for an emergency order of 
    protection in
accordance with the requirements of Sections 
    203 and 217 is
presented to the court, the court shall 
    examine petitioner on oath or
affirmation.  An emergency 
    order of protection shall be issued by the court
if it 
    appears from the contents of the petition and the 
    examination of
petitioner that the averments are 
    sufficient to indicate abuse by
respondent and to support 
    the granting of relief under the issuance of the
emergency 
    order of protection.


        (5) Never married parties.  No rights or 
    responsibilities for a minor
child born outside of marriage 
    attach to a putative father until a father and
child 
    relationship has been established under the Illinois 
    Parentage Act of
1984, the Illinois Public Aid Code, 
    Section 12 of the Vital Records Act, the
Juvenile Court Act 
    of 1987, the Probate Act of 1985, the Revised Uniform

    Reciprocal Enforcement of Support Act, the Uniform 
    Interstate Family Support
Act, the Expedited Child Support 
    Act of 1990, any judicial, administrative, or
other act of 
    another state or territory, any other Illinois statute, or 
    by any
foreign nation establishing the father and child 
    relationship, any other
proceeding substantially in 
    conformity with the Personal Responsibility and
Work 
    Opportunity Reconciliation Act of 1996 (Pub. L. 104-193), 
    or where both
parties appeared in open court or at an 
    administrative hearing acknowledging
under
oath or 
    admitting by affirmation the existence of a father and 
    child
relationship.
Absent such an adjudication, finding, 
    or acknowledgement, no putative
father shall be granted

    temporary custody of the minor child, visitation with the 
    minor child, or
physical care and possession of the minor 
    child, nor shall an order of payment
for support of the 
    minor child be entered.

    (d) Balance of hardships; findings.  If the court finds that 
the balance
of hardships does not support the granting of a 
remedy governed by
paragraph (2), (3), (10), (11), or (16) of 
subsection (b) of this Section,
which may require such 
balancing, the court's findings shall so
indicate and shall 
include a finding as to whether granting the remedy will
result 
in hardship to respondent that would substantially outweigh the 
hardship
to petitioner from denial of the remedy. The findings 
shall be an official
record or in writing.

    (e) Denial of remedies.  Denial of any remedy shall not be 
based, in
whole or in part, on evidence that:


        (1) Respondent has cause for any use of force, unless 
    that cause
satisfies the standards for justifiable use of 
    force provided by Article
VII of the Criminal Code of 1961;


        (2) Respondent was voluntarily intoxicated;


        (3) Petitioner acted in self-defense or defense of 
    another, provided
that, if petitioner utilized force, such 
    force was justifiable under
Article VII of the Criminal 
    Code of 1961; 


        (4) Petitioner did not act in self-defense or defense 
    of another;


        (5) Petitioner left the residence or household to avoid 
    further abuse,
neglect, or exploitation by respondent;


        (6) Petitioner did not leave the residence or household 
    to avoid further
abuse, neglect, or exploitation by 
    respondent;


        (7) Conduct by any family or household member excused 
    the abuse,
neglect, or exploitation by respondent, unless 
    that same conduct would have
excused such abuse, neglect, 
    or exploitation if the parties had not been
family or 
    household members.

(Source: P.A. 95-234, eff. 1-1-08; 95-773, eff. 1-1-09; 96-701, 
eff. 1-1-10; 96-1239, eff. 1-1-11.)