Illinois General Assembly - Full Text of HB2541
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Full Text of HB2541  102nd General Assembly

HB2541 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB2541

 

Introduced 2/19/2021, by Rep. Denyse Stoneback

 

SYNOPSIS AS INTRODUCED:
 
750 ILCS 60/214  from Ch. 40, par. 2312-14

    Amends the Domestic Violence Act of 1986. In cases in which a petitioner seeks a prohibition on firearm possession, removes requirement that the respondent receive actual notice of and an opportunity to participate in a hearing. Provides that an order of protection shall include a remedy that prohibits a respondent from possessing any firearms for a minimum of 2 years (instead of for the duration of the order of protection). Provides that any Firearm Owner's Identification Card in the possession of the respondent shall be suspended and turned over to a law enforcement agency of the court's choosing (rather than a local law enforcement agency). Makes other changes.


LRB102 11879 LNS 17215 b

 

 

A BILL FOR

 

HB2541LRB102 11879 LNS 17215 b

1    AN ACT concerning domestic violence.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Domestic Violence Act of 1986 is
5amended by changing Sections 214 and 214.5 as follows:
 
6    (750 ILCS 60/214)  (from Ch. 40, par. 2312-14)
7    Sec. 214. Order of protection; remedies.
8    (a) Issuance of order. If the court finds that petitioner
9has been abused by a family or household member or that
10petitioner is a high-risk adult who has been abused,
11neglected, or exploited, as defined in this Act, an order of
12protection prohibiting the abuse, neglect, or exploitation
13shall issue; provided that petitioner must also satisfy the
14requirements of one of the following Sections, as appropriate:
15Section 217 on emergency orders, Section 218 on interim
16orders, or Section 219 on plenary orders. Petitioner shall not
17be denied an order of protection because petitioner or
18respondent is a minor. The court, when determining whether or
19not to issue an order of protection, shall not require
20physical manifestations of abuse on the person of the victim.
21Modification and extension of prior orders of protection shall
22be in accordance with this Act.
23    (b) Remedies and standards. The remedies to be included in

 

 

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1an order of protection shall be determined in accordance with
2this Section and one of the following Sections, as
3appropriate: Section 217 on emergency orders, Section 218 on
4interim orders, and Section 219 on plenary orders. The
5remedies listed in this subsection shall be in addition to
6other 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,

 

 

HB2541- 5 -LRB102 11879 LNS 17215 b

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

 

 

HB2541- 11 -LRB102 11879 LNS 17215 b

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 or 2 years, whichever
15        is greater, if the order:
16                (1) was issued after a hearing of which such
17            person received actual notice, and at which such
18            person had an opportunity to 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 suspended and ordered by the
9        court to be turned over to a the local law enforcement
10        agency of the court's choosing. The local law
11        enforcement agency shall immediately mail the card to
12        the Department of State Police Firearm Owner's
13        Identification Card Office for safekeeping. The court
14        shall issue a warrant for seizure of any firearm in the
15        possession of the respondent, to be kept by the local
16        law enforcement agency for safekeeping, except as
17        provided in subsection (b). The period of safekeeping
18        shall be for the duration of the order of protection or
19        2 years, whichever is greater. The firearm or firearms
20        and Firearm Owner's Identification Card, if unexpired,
21        shall at the respondent's request, be returned to the
22        respondent at the end of the order of protection. It is
23        the respondent's responsibility to notify the
24        Department of State Police Firearm Owner's
25        Identification Card Office.
26            (b) If the respondent is a peace officer as

 

 

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1        defined in Section 2-13 of the Criminal Code of 2012,
2        the court shall order that any firearms used by the
3        respondent in the performance of his or her duties as a
4        peace officer be surrendered to the chief law
5        enforcement executive of the agency in which the
6        respondent is employed, who shall retain the firearms
7        for safekeeping for the duration of the order of
8        protection or 2 years, whichever is greater.
9            (c) Upon expiration of the period of safekeeping,
10        if the firearms or Firearm Owner's Identification Card
11        cannot be returned to respondent because respondent
12        cannot be located, fails to respond to requests to
13        retrieve the firearms, or is not lawfully eligible to
14        possess a firearm, upon petition from the local law
15        enforcement agency, the court may order the local law
16        enforcement agency to destroy the firearms, use the
17        firearms for training purposes, or for any other
18        application as deemed appropriate by the local law
19        enforcement agency; or that the firearms be turned
20        over to a third party who is lawfully eligible to
21        possess firearms, and who does not reside with
22        respondent.
23        (15) Prohibition of access to records. If an order of
24    protection prohibits respondent from having contact with
25    the minor child, or if petitioner's address is omitted
26    under subsection (b) of Section 203, or if necessary to

 

 

HB2541- 17 -LRB102 11879 LNS 17215 b

1    prevent abuse or wrongful removal or concealment of a
2    minor child, the order shall deny respondent access to,
3    and prohibit respondent from inspecting, obtaining, or
4    attempting to inspect or obtain, school or any other
5    records of the minor child who is in the care of
6    petitioner.
7        (16) Order for payment of shelter services. Order
8    respondent to reimburse a shelter providing temporary
9    housing and counseling services to the petitioner for the
10    cost of the services, as certified by the shelter and
11    deemed reasonable by the court.
12        (17) Order for injunctive relief. Enter injunctive
13    relief necessary or appropriate to prevent further abuse
14    of a family or household member or further abuse, neglect,
15    or exploitation of a high-risk adult with disabilities or
16    to effectuate one of the granted remedies, if supported by
17    the balance of hardships. If the harm to be prevented by
18    the injunction is abuse or any other harm that one of the
19    remedies listed in paragraphs (1) through (16) of this
20    subsection is designed to prevent, no further evidence is
21    necessary that the harm is an irreparable injury.
22        (18) Telephone services.
23            (A) Unless a condition described in subparagraph
24        (B) of this paragraph exists, the court may, upon
25        request by the petitioner, order a wireless telephone
26        service provider to transfer to the petitioner the

 

 

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1        right to continue to use a telephone number or numbers
2        indicated by the petitioner and the financial
3        responsibility associated with the number or numbers,
4        as set forth in subparagraph (C) of this paragraph.
5        For purposes of this paragraph (18), the term
6        "wireless telephone service provider" means a provider
7        of commercial mobile service as defined in 47 U.S.C.
8        332. The petitioner may request the transfer of each
9        telephone number that the petitioner, or a minor child
10        in his or her custody, uses. The clerk of the court
11        shall serve the order on the wireless telephone
12        service provider's agent for service of process
13        provided to the Illinois Commerce Commission. The
14        order shall contain all of the following:
15                (i) The name and billing telephone number of
16            the account holder including the name of the
17            wireless telephone service provider that serves
18            the account.
19                (ii) Each telephone number that will be
20            transferred.
21                (iii) A statement that the provider transfers
22            to the petitioner all financial responsibility for
23            and right to the use of any telephone number
24            transferred under this paragraph.
25            (B) A wireless telephone service provider shall
26        terminate the respondent's use of, and shall transfer

 

 

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1        to the petitioner use of, the telephone number or
2        numbers indicated in subparagraph (A) of this
3        paragraph unless it notifies the petitioner, within 72
4        hours after it receives the order, that one of the
5        following applies:
6                (i) The account holder named in the order has
7            terminated the account.
8                (ii) A difference in network technology would
9            prevent or impair the functionality of a device on
10            a network if the transfer occurs.
11                (iii) The transfer would cause a geographic or
12            other limitation on network or service provision
13            to the petitioner.
14                (iv) Another technological or operational
15            issue would prevent or impair the use of the
16            telephone number if the transfer occurs.
17            (C) The petitioner assumes all financial
18        responsibility for and right to the use of any
19        telephone number transferred under this paragraph. In
20        this paragraph, "financial responsibility" includes
21        monthly service costs and costs associated with any
22        mobile device associated with the number.
23            (D) A wireless telephone service provider may
24        apply to the petitioner its routine and customary
25        requirements for establishing an account or
26        transferring a number, including requiring the

 

 

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1        petitioner to provide proof of identification,
2        financial information, and customer preferences.
3            (E) Except for willful or wanton misconduct, a
4        wireless telephone service provider is immune from
5        civil liability for its actions taken in compliance
6        with a court order issued under this paragraph.
7            (F) All wireless service providers that provide
8        services to residential customers shall provide to the
9        Illinois Commerce Commission the name and address of
10        an agent for service of orders entered under this
11        paragraph (18). Any change in status of the registered
12        agent must be reported to the Illinois Commerce
13        Commission within 30 days of such change.
14            (G) The Illinois Commerce Commission shall
15        maintain the list of registered agents for service for
16        each wireless telephone service provider on the
17        Commission's website. The Commission may consult with
18        wireless telephone service providers and the Circuit
19        Court Clerks on the manner in which this information
20        is provided and displayed.
21    (c) Relevant factors; findings.
22        (1) In determining whether to grant a specific remedy,
23    other than payment of support, the court shall consider
24    relevant factors, including but not limited to the
25    following:
26            (i) the nature, frequency, severity, pattern and

 

 

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1        consequences of the respondent's past abuse, neglect
2        or exploitation of the petitioner or any family or
3        household member, including the concealment of his or
4        her location in order to evade service of process or
5        notice, and the likelihood of danger of future abuse,
6        neglect, or exploitation to petitioner or any member
7        of petitioner's or respondent's family or household;
8        and
9            (ii) the danger that any minor child will be
10        abused or neglected or improperly relocated from the
11        jurisdiction, improperly concealed within the State or
12        improperly separated from the child's primary
13        caretaker.
14        (2) In comparing relative hardships resulting to the
15    parties from loss of possession of the family home, the
16    court shall consider relevant factors, including but not
17    limited to the following:
18            (i) availability, accessibility, cost, safety,
19        adequacy, location and other characteristics of
20        alternate housing for each party and any minor child
21        or dependent adult in the party's care;
22            (ii) the effect on the party's employment; and
23            (iii) the effect on the relationship of the party,
24        and any minor child or dependent adult in the party's
25        care, to family, school, church and community.
26        (3) Subject to the exceptions set forth in paragraph

 

 

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1    (4) of this subsection, the court shall make its findings
2    in an official record or in writing, and shall at a minimum
3    set forth the following:
4            (i) That the court has considered the applicable
5        relevant factors described in paragraphs (1) and (2)
6        of this subsection.
7            (ii) Whether the conduct or actions of respondent,
8        unless prohibited, will likely cause irreparable harm
9        or continued abuse.
10            (iii) Whether it is necessary to grant the
11        requested relief in order to protect petitioner or
12        other alleged abused persons.
13        (4) For purposes of issuing an ex parte emergency
14    order of protection, the court, as an alternative to or as
15    a supplement to making the findings described in
16    paragraphs (c)(3)(i) through (c)(3)(iii) of this
17    subsection, may use the following procedure:
18        When a verified petition for an emergency order of
19    protection in accordance with the requirements of Sections
20    203 and 217 is presented to the court, the court shall
21    examine petitioner on oath or affirmation. An emergency
22    order of protection shall be issued by the court if it
23    appears from the contents of the petition and the
24    examination of petitioner that the averments are
25    sufficient to indicate abuse by respondent and to support
26    the granting of relief under the issuance of the emergency

 

 

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1    order of protection.
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 Revised Uniform Reciprocal Enforcement of
10    Support Act, the Uniform Interstate Family Support Act,
11    the Expedited Child Support Act of 1990, any judicial,
12    administrative, or other act of another state or
13    territory, any other Illinois statute, or by any foreign
14    nation establishing the father and child relationship, any
15    other proceeding substantially in conformity with the
16    Personal Responsibility and Work Opportunity
17    Reconciliation Act of 1996 (Pub. L. 104-193), or where
18    both parties appeared in open court or at an
19    administrative hearing acknowledging under oath or
20    admitting by affirmation the existence of a father and
21    child relationship. Absent such an adjudication, finding,
22    or acknowledgment, no putative father shall be granted
23    temporary allocation of parental responsibilities,
24    including parenting time with the minor child, or physical
25    care and possession of the minor child, nor shall an order
26    of payment for support of the minor child be entered.

 

 

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1    (d) Balance of hardships; findings. If the court finds
2that the balance of hardships does not support the granting of
3a remedy governed by paragraph (2), (3), (10), (11), or (16) of
4subsection (b) of this Section, which may require such
5balancing, the court's findings shall so indicate and shall
6include a finding as to whether granting the remedy will
7result in hardship to respondent that would substantially
8outweigh the hardship to petitioner from denial of the remedy.
9The findings shall be an official record or in writing.
10    (e) Denial of remedies. Denial of any remedy shall not be
11based, in whole or in part, on evidence that:
12        (1) Respondent has cause for any use of force, unless
13    that cause satisfies the standards for justifiable use of
14    force provided by Article 7 of the Criminal Code of 2012;
15        (2) Respondent was voluntarily intoxicated;
16        (3) Petitioner acted in self-defense or defense of
17    another, provided that, if petitioner utilized force, such
18    force was justifiable under Article 7 of the Criminal Code
19    of 2012;
20        (4) Petitioner did not act in self-defense or defense
21    of another;
22        (5) Petitioner left the residence or household to
23    avoid further abuse, neglect, or exploitation by
24    respondent;
25        (6) Petitioner did not leave the residence or
26    household to avoid further abuse, neglect, or exploitation

 

 

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1    by respondent;
2        (7) Conduct by any family or household member excused
3    the abuse, neglect, or exploitation by respondent, unless
4    that same conduct would have excused such abuse, neglect,
5    or exploitation if the parties had not been family or
6    household members.
7(Source: P.A. 99-85, eff. 1-1-16; 99-90, eff. 1-1-16; 99-642,
8eff. 7-28-16; 100-388, eff. 1-1-18; 100-863, eff. 8-14-18;
9100-923, eff. 1-1-19.)