Illinois General Assembly - Full Text of HB0009
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Full Text of HB0009  95th General Assembly

HB0009enr 95TH GENERAL ASSEMBLY



 


 
HB0009 Enrolled LRB095 03424 RLC 23428 b

1     AN ACT concerning orders of protection.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Code of Criminal Procedure of 1963 is
5 amended by changing Section 112A-14 as follows:
 
6     (725 ILCS 5/112A-14)  (from Ch. 38, par. 112A-14)
7     Sec. 112A-14. Order of protection; remedies.
8     (a) Issuance of order. If the court finds that petitioner
9 has been abused by a family or household member, as defined in
10 this Article, an order of protection prohibiting such abuse
11 shall issue; provided that petitioner must also satisfy the
12 requirements of one of the following Sections, as appropriate:
13 Section 112A-17 on emergency orders, Section 112A-18 on interim
14 orders, or Section 112A-19 on plenary orders. Petitioner shall
15 not be denied an order of protection because petitioner or
16 respondent is a minor. The court, when determining whether or
17 not to issue an order of protection, shall not require physical
18 manifestations of abuse on the person of the victim.
19 Modification and extension of prior orders of protection shall
20 be in accordance with this Article.
21     (b) Remedies and standards. The remedies to be included in
22 an order of protection shall be determined in accordance with
23 this Section and one of the following Sections, as appropriate:

 

 

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1 Section 112A-17 on emergency orders, Section 112A-18 on interim
2 orders, and Section 112A-19 on plenary orders. The remedies
3 listed in this subsection shall be in addition to other civil
4 or criminal remedies available to petitioner.
5         (1) Prohibition of abuse. Prohibit respondent's
6     harassment, interference with personal liberty,
7     intimidation of a dependent, physical abuse or willful
8     deprivation, as defined in this Article, if such abuse has
9     occurred or otherwise appears likely to occur if not
10     prohibited.
11         (2) Grant of exclusive possession of residence.
12     Prohibit respondent from entering or remaining in any
13     residence or household of the petitioner, including one
14     owned or leased by respondent, if petitioner has a right to
15     occupancy thereof. The grant of exclusive possession of the
16     residence shall not affect title to real property, nor
17     shall the court be limited by the standard set forth in
18     Section 701 of the Illinois Marriage and Dissolution of
19     Marriage Act.
20             (A) Right to occupancy. A party has a right to
21         occupancy of a residence or household if it is solely
22         or jointly owned or leased by that party, that party's
23         spouse, a person with a legal duty to support that
24         party or a minor child in that party's care, or by any
25         person or entity other than the opposing party that
26         authorizes that party's occupancy (e.g., a domestic

 

 

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1         violence shelter). Standards set forth in subparagraph
2         (B) shall not preclude equitable relief.
3             (B) Presumption of hardships. If petitioner and
4         respondent each has the right to occupancy of a
5         residence or household, the court shall balance (i) the
6         hardships to respondent and any minor child or
7         dependent adult in respondent's care resulting from
8         entry of this remedy with (ii) the hardships to
9         petitioner and any minor child or dependent adult in
10         petitioner's care resulting from continued exposure to
11         the risk of abuse (should petitioner remain at the
12         residence or household) or from loss of possession of
13         the residence or household (should petitioner leave to
14         avoid the risk of abuse). When determining the balance
15         of hardships, the court shall also take into account
16         the accessibility of the residence or household.
17         Hardships need not be balanced if respondent does not
18         have a right to occupancy.
19             The balance of hardships is presumed to favor
20         possession by petitioner unless the presumption is
21         rebutted by a preponderance of the evidence, showing
22         that the hardships to respondent substantially
23         outweigh the hardships to petitioner and any minor
24         child or dependent adult in petitioner's care. The
25         court, on the request of petitioner or on its own
26         motion, may order respondent to provide suitable,

 

 

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1         accessible, alternate housing for petitioner instead
2         of excluding respondent from a mutual residence or
3         household.
4         (3) Stay away order and additional prohibitions. Order
5     respondent to stay away from petitioner or any other person
6     protected by the order of protection, or prohibit
7     respondent from entering or remaining present at
8     petitioner's school, place of employment, or other
9     specified places at times when petitioner is present, or
10     both, if reasonable, given the balance of hardships.
11     Hardships need not be balanced for the court to enter a
12     stay away order or prohibit entry if respondent has no
13     right to enter the premises.
14         If an order of protection grants petitioner exclusive
15     possession of the residence, or prohibits respondent from
16     entering the residence, or orders respondent to stay away
17     from petitioner or other protected persons, then the court
18     may allow respondent access to the residence to remove
19     items of clothing and personal adornment used exclusively
20     by respondent, medications, and other items as the court
21     directs. The right to access shall be exercised on only one
22     occasion as the court directs and in the presence of an
23     agreed-upon adult third party or law enforcement officer.
24         (4) Counseling. Require or recommend the respondent to
25     undergo counseling for a specified duration with a social
26     worker, psychologist, clinical psychologist, psychiatrist,

 

 

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1     family service agency, alcohol or substance abuse program,
2     mental health center guidance counselor, agency providing
3     services to elders, program designed for domestic violence
4     abusers or any other guidance service the court deems
5     appropriate.
6         (5) Physical care and possession of the minor child. In
7     order to protect the minor child from abuse, neglect, or
8     unwarranted separation from the person who has been the
9     minor child's primary caretaker, or to otherwise protect
10     the well-being of the minor child, the court may do either
11     or both of the following: (i) grant petitioner physical
12     care or possession of the minor child, or both, or (ii)
13     order respondent to return a minor child to, or not remove
14     a minor child from, the physical care of a parent or person
15     in loco parentis.
16         If a court finds, after a hearing, that respondent has
17     committed abuse (as defined in Section 112A-3) of a minor
18     child, there shall be a rebuttable presumption that
19     awarding physical care to respondent would not be in the
20     minor child's best interest.
21         (6) Temporary legal custody. Award temporary legal
22     custody to petitioner in accordance with this Section, the
23     Illinois Marriage and Dissolution of Marriage Act, the
24     Illinois Parentage Act of 1984, and this State's Uniform
25     Child-Custody Jurisdiction and Enforcement Act.
26         If a court finds, after a hearing, that respondent has

 

 

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1     committed abuse (as defined in Section 112A-3) of a minor
2     child, there shall be a rebuttable presumption that
3     awarding temporary legal custody to respondent would not be
4     in the child's best interest.
5         (7) Visitation. Determine the visitation rights, if
6     any, of respondent in any case in which the court awards
7     physical care or temporary legal custody of a minor child
8     to petitioner. The court shall restrict or deny
9     respondent's visitation with a minor child if the court
10     finds that respondent has done or is likely to do any of
11     the following: (i) abuse or endanger the minor child during
12     visitation; (ii) use the visitation as an opportunity to
13     abuse or harass petitioner or petitioner's family or
14     household members; (iii) improperly conceal or detain the
15     minor child; or (iv) otherwise act in a manner that is not
16     in the best interests of the minor child. The court shall
17     not be limited by the standards set forth in Section 607.1
18     of the Illinois Marriage and Dissolution of Marriage Act.
19     If the court grants visitation, the order shall specify
20     dates and times for the visitation to take place or other
21     specific parameters or conditions that are appropriate. No
22     order for visitation shall refer merely to the term
23     "reasonable visitation".
24         Petitioner may deny respondent access to the minor
25     child if, when respondent arrives for visitation,
26     respondent is under the influence of drugs or alcohol and

 

 

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1     constitutes a threat to the safety and well-being of
2     petitioner or petitioner's minor children or is behaving in
3     a violent or abusive manner.
4         If necessary to protect any member of petitioner's
5     family or household from future abuse, respondent shall be
6     prohibited from coming to petitioner's residence to meet
7     the minor child for visitation, and the parties shall
8     submit to the court their recommendations for reasonable
9     alternative arrangements for visitation. A person may be
10     approved to supervise visitation only after filing an
11     affidavit accepting that responsibility and acknowledging
12     accountability to the court.
13         (8) Removal or concealment of minor child. Prohibit
14     respondent from removing a minor child from the State or
15     concealing the child within the State.
16         (9) Order to appear. Order the respondent to appear in
17     court, alone or with a minor child, to prevent abuse,
18     neglect, removal or concealment of the child, to return the
19     child to the custody or care of the petitioner or to permit
20     any court-ordered interview or examination of the child or
21     the respondent.
22         (10) Possession of personal property. Grant petitioner
23     exclusive possession of personal property and, if
24     respondent has possession or control, direct respondent to
25     promptly make it available to petitioner, if:
26             (i) petitioner, but not respondent, owns the

 

 

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1         property; or
2             (ii) the parties own the property jointly; sharing
3         it would risk abuse of petitioner by respondent or is
4         impracticable; and the balance of hardships favors
5         temporary possession by petitioner.
6         If petitioner's sole claim to ownership of the property
7     is that it is marital property, the court may award
8     petitioner temporary possession thereof under the
9     standards of subparagraph (ii) of this paragraph only if a
10     proper proceeding has been filed under the Illinois
11     Marriage and Dissolution of Marriage Act, as now or
12     hereafter amended.
13         No order under this provision shall affect title to
14     property.
15         (11) Protection of property. Forbid the respondent
16     from taking, transferring, encumbering, concealing,
17     damaging or otherwise disposing of any real or personal
18     property, except as explicitly authorized by the court, 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 property
24     is that it is marital property, the court may grant
25     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 custody, when the respondent has a
19     legal obligation to support that person, in accordance with
20     the Illinois Marriage and Dissolution of Marriage Act,
21     which shall govern, among other matters, the amount of
22     support, payment through the clerk and withholding of
23     income to secure payment. An order for child support may be
24     granted to a petitioner with lawful physical care or
25     custody of a child, or an order or agreement for physical
26     care or custody, prior to entry of an order for legal

 

 

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1     custody. Such a support order shall expire upon entry of a
2     valid order granting legal custody to another, unless
3     otherwise provided in the custody order.
4         (13) Order for payment of losses. Order respondent to
5     pay petitioner for losses suffered as a direct result of
6     the abuse. Such losses shall include, but not be limited
7     to, medical expenses, lost earnings or other support,
8     repair or replacement of property damaged or taken,
9     reasonable attorney's fees, court costs and moving or other
10     travel expenses, including additional reasonable expenses
11     for temporary shelter and restaurant meals.
12             (i) Losses affecting family needs. If a party is
13         entitled to seek maintenance, child support or
14         property distribution from the other party under the
15         Illinois Marriage and Dissolution of Marriage Act, as
16         now or hereafter amended, the court may order
17         respondent to reimburse petitioner's actual losses, to
18         the extent that such reimbursement would be
19         "appropriate temporary relief", as authorized by
20         subsection (a)(3) of Section 501 of that Act.
21             (ii) Recovery of expenses. In the case of an
22         improper concealment or removal of a minor child, the
23         court may order respondent to pay the reasonable
24         expenses incurred or to be incurred in the search for
25         and recovery of the minor child, including but not
26         limited to legal fees, court costs, private

 

 

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1         investigator fees, and travel costs.
2         (14) Prohibition of entry. Prohibit the respondent
3     from entering or remaining in the residence or household
4     while the respondent is under the influence of alcohol or
5     drugs and constitutes a threat to the safety and well-being
6     of the petitioner or the petitioner's children.
7         (14.5) Prohibition of firearm possession. (a) When a
8     complaint is made under a request for an order of
9     protection, that the respondent has threatened or is likely
10     to use firearms illegally against the petitioner, and the
11     respondent is present in court, or has failed to appear
12     after receiving actual notice, the court shall examine on
13     oath the petitioner, and any witnesses who may be produced.
14     If the court is satisfied that there is any danger of the
15     illegal use of firearms, it shall include in the order of
16     protection the requirement that any firearms in the
17     possession of the respondent, except as provided in
18     subsection (b), be turned over to the local law enforcement
19     agency for safekeeping. If the respondent fails to appear,
20     or refuses or fails to surrender his or her firearms, the
21     court shall issue a warrant for seizure of any firearm in
22     the possession of the respondent. The period of safekeeping
23     shall be for a stated period of time not to exceed 2 years.
24     The firearm or firearms shall be returned to the respondent
25     at the end of the stated period or at expiration of the
26     order of protection, whichever is sooner. (b) If the

 

 

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1     respondent is a peace officer as defined in Section 2-13 of
2     the Criminal Code of 1961, the court shall order that any
3     firearms used by the respondent in the performance of his
4     or her duties as a peace officer be surrendered to the
5     chief law enforcement executive of the agency in which the
6     respondent is employed, who shall retain the firearms for
7     safekeeping for the stated period not to exceed 2 years as
8     set forth in the court order.
9         (15) Prohibition of access to records. If an order of
10     protection prohibits respondent from having contact with
11     the minor child, or if petitioner's address is omitted
12     under subsection (b) of Section 112A-5, or if necessary to
13     prevent abuse or wrongful removal or concealment of a minor
14     child, the order shall deny respondent access to, and
15     prohibit respondent from inspecting, obtaining, or
16     attempting to inspect or obtain, school or any other
17     records of the minor child who is in the care of
18     petitioner.
19         (16) Order for payment of shelter services. Order
20     respondent to reimburse a shelter providing temporary
21     housing and counseling services to the petitioner for the
22     cost of the services, as certified by the shelter and
23     deemed reasonable by the court.
24         (17) Order for injunctive relief. Enter injunctive
25     relief necessary or appropriate to prevent further abuse of
26     a family or household member or to effectuate one of the

 

 

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1     granted remedies, if supported by the balance of hardships.
2     If the harm to be prevented by the injunction is abuse or
3     any other harm that one of the remedies listed in
4     paragraphs (1) through (16) of this subsection is designed
5     to prevent, no further evidence is necessary to establish
6     that the harm is an irreparable injury.
7     (c) Relevant factors; findings.
8         (1) In determining whether to grant a specific remedy,
9     other than payment of support, the court shall consider
10     relevant factors, including but not limited to the
11     following:
12             (i) the nature, frequency, severity, pattern and
13         consequences of the respondent's past abuse of the
14         petitioner or any family or household member,
15         including the concealment of his or her location in
16         order to evade service of process or notice, and the
17         likelihood of danger of future abuse to petitioner or
18         any member of petitioner's or respondent's family or
19         household; and
20             (ii) the danger that any minor child will be abused
21         or neglected or improperly removed from the
22         jurisdiction, improperly concealed within the State or
23         improperly separated from the child's primary
24         caretaker.
25         (2) In comparing relative hardships resulting to the
26     parties from loss of possession of the family home, the

 

 

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1     court shall consider relevant factors, including but not
2     limited to the following:
3             (i) availability, accessibility, cost, safety,
4         adequacy, location and other characteristics of
5         alternate housing for each party and any minor child or
6         dependent adult in the party's care;
7             (ii) the effect on the party's employment; and
8             (iii) the effect on the relationship of the party,
9         and any minor child or dependent adult in the party's
10         care, to family, school, church and community.
11         (3) Subject to the exceptions set forth in paragraph
12     (4) of this subsection, the court shall make its findings
13     in an official record or in writing, and shall at a minimum
14     set forth the following:
15             (i) That the court has considered the applicable
16         relevant factors described in paragraphs (1) and (2) of
17         this subsection.
18             (ii) Whether the conduct or actions of respondent,
19         unless prohibited, will likely cause irreparable harm
20         or continued abuse.
21             (iii) Whether it is necessary to grant the
22         requested relief in order to protect petitioner or
23         other alleged abused persons.
24         (4) For purposes of issuing an ex parte emergency order
25     of protection, the court, as an alternative to or as a
26     supplement to making the findings described in paragraphs

 

 

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1     (c)(3)(i) through (c)(3)(iii) of this subsection, may use
2     the following procedure:
3         When a verified petition for an emergency order of
4     protection in accordance with the requirements of Sections
5     112A-5 and 112A-17 is presented to the court, the court
6     shall examine petitioner on oath or affirmation. An
7     emergency order of protection shall be issued by the court
8     if it appears from the contents of the petition and the
9     examination of petitioner that the averments are
10     sufficient to indicate abuse by respondent and to support
11     the granting of relief under the issuance of the emergency
12     order of protection.
13         (5) Never married parties. No rights or
14     responsibilities for a minor child born outside of marriage
15     attach to a putative father until a father and child
16     relationship has been established under the Illinois
17     Parentage Act of 1984. Absent such an adjudication, no
18     putative father shall be granted temporary custody of the
19     minor child, visitation with the minor child, or physical
20     care and possession of the minor child, nor shall an order
21     of payment for support of the minor child be entered.
22     (d) Balance of hardships; findings. If the court finds that
23 the balance of hardships does not support the granting of a
24 remedy governed by paragraph (2), (3), (10), (11), or (16) of
25 subsection (b) of this Section, which may require such
26 balancing, the court's findings shall so indicate and shall

 

 

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1 include a finding as to whether granting the remedy will result
2 in hardship to respondent that would substantially outweigh the
3 hardship to petitioner from denial of the remedy. The findings
4 shall be an official record or in writing.
5     (e) Denial of remedies. Denial of any remedy shall not be
6 based, in whole or in part, on evidence that:
7         (1) Respondent has cause for any use of force, unless
8     that cause satisfies the standards for justifiable use of
9     force provided by Article VII of the Criminal Code of 1961;
10         (2) Respondent was voluntarily intoxicated;
11         (3) Petitioner acted in self-defense or defense of
12     another, provided that, if petitioner utilized force, such
13     force was justifiable under Article VII of the Criminal
14     Code of 1961;
15         (4) Petitioner did not act in self-defense or defense
16     of another;
17         (5) Petitioner left the residence or household to avoid
18     further abuse by respondent;
19         (6) Petitioner did not leave the residence or household
20     to avoid further abuse by respondent;
21         (7) Conduct by any family or household member excused
22     the abuse by respondent, unless that same conduct would
23     have excused such abuse if the parties had not been family
24     or household members.
25 (Source: P.A. 93-108, eff. 1-1-04.)
 

 

 

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

 

 

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1 remedies available to petitioner.
2         (1) Prohibition of abuse, neglect, or exploitation.
3     Prohibit respondent's harassment, interference with
4     personal liberty, intimidation of a dependent, physical
5     abuse, or willful deprivation, neglect or exploitation, as
6     defined in this Act, or stalking of the petitioner, as
7     defined in Section 12-7.3 of the Criminal Code of 1961, if
8     such abuse, neglect, exploitation, or stalking has
9     occurred or otherwise appears likely to occur if not
10     prohibited.
11         (2) Grant of exclusive possession of residence.
12     Prohibit respondent from entering or remaining in any
13     residence or household of the petitioner, including one
14     owned or leased by respondent, if petitioner has a right to
15     occupancy thereof. The grant of exclusive possession of the
16     residence shall not affect title to real property, nor
17     shall the court be limited by the standard set forth in
18     Section 701 of the Illinois Marriage and Dissolution of
19     Marriage Act.
20             (A) Right to occupancy. A party has a right to
21         occupancy of a residence or household if it is solely
22         or jointly owned or leased by that party, that party's
23         spouse, a person with a legal duty to support that
24         party or a minor child in that party's care, or by any
25         person or entity other than the opposing party that
26         authorizes that party's occupancy (e.g., a domestic

 

 

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1         violence shelter). Standards set forth in subparagraph
2         (B) shall not preclude equitable relief.
3             (B) Presumption of hardships. If petitioner and
4         respondent each has the right to occupancy of a
5         residence or household, the court shall balance (i) the
6         hardships to respondent and any minor child or
7         dependent adult in respondent's care resulting from
8         entry of this remedy with (ii) the hardships to
9         petitioner and any minor child or dependent adult in
10         petitioner's care resulting from continued exposure to
11         the risk of abuse (should petitioner remain at the
12         residence or household) or from loss of possession of
13         the residence or household (should petitioner leave to
14         avoid the risk of abuse). When determining the balance
15         of hardships, the court shall also take into account
16         the accessibility of the residence or household.
17         Hardships need not be balanced if respondent does not
18         have a right to occupancy.
19             The balance of hardships is presumed to favor
20         possession by petitioner unless the presumption is
21         rebutted by a preponderance of the evidence, showing
22         that the hardships to respondent substantially
23         outweigh the hardships to petitioner and any minor
24         child or dependent adult in petitioner's care. The
25         court, on the request of petitioner or on its own
26         motion, may order respondent to provide suitable,

 

 

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1         accessible, alternate housing for petitioner instead
2         of excluding respondent from a mutual residence or
3         household.
4         (3) Stay away order and additional prohibitions. Order
5     respondent to stay away from petitioner or any other person
6     protected by the order of protection, or prohibit
7     respondent from entering or remaining present at
8     petitioner's school, place of employment, or other
9     specified places at times when petitioner is present, or
10     both, if reasonable, given the balance of hardships.
11     Hardships need not be balanced for the court to enter a
12     stay away order or prohibit entry if respondent has no
13     right to enter the premises.
14         If an order of protection grants petitioner exclusive
15     possession of the residence, or prohibits respondent from
16     entering the residence, or orders respondent to stay away
17     from petitioner or other protected persons, then the court
18     may allow respondent access to the residence to remove
19     items of clothing and personal adornment used exclusively
20     by respondent, medications, and other items as the court
21     directs. The right to access shall be exercised on only one
22     occasion as the court directs and in the presence of an
23     agreed-upon adult third party or law enforcement officer.
24         (4) Counseling. Require or recommend the respondent to
25     undergo counseling for a specified duration with a social
26     worker, psychologist, clinical psychologist, psychiatrist,

 

 

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1     family service agency, alcohol or substance abuse program,
2     mental health center guidance counselor, agency providing
3     services to elders, program designed for domestic violence
4     abusers or any other guidance service the court deems
5     appropriate.
6         (5) Physical care and possession of the minor child. In
7     order to protect the minor child from abuse, neglect, or
8     unwarranted separation from the person who has been the
9     minor child's primary caretaker, or to otherwise protect
10     the well-being of the minor child, the court may do either
11     or both of the following: (i) grant petitioner physical
12     care or possession of the minor child, or both, or (ii)
13     order respondent to return a minor child to, or not remove
14     a minor child from, the physical care of a parent or person
15     in loco parentis.
16         If a court finds, after a hearing, that respondent has
17     committed abuse (as defined in Section 103) of a minor
18     child, there shall be a rebuttable presumption that
19     awarding physical care to respondent would not be in the
20     minor child's best interest.
21         (6) Temporary legal custody. Award temporary legal
22     custody to petitioner in accordance with this Section, the
23     Illinois Marriage and Dissolution of Marriage Act, the
24     Illinois Parentage Act of 1984, and this State's Uniform
25     Child-Custody Jurisdiction and Enforcement Act.
26         If a court finds, after a hearing, that respondent has

 

 

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1     committed abuse (as defined in Section 103) of a minor
2     child, there shall be a rebuttable presumption that
3     awarding temporary legal custody to respondent would not be
4     in the child's best interest.
5         (7) Visitation. Determine the visitation rights, if
6     any, of respondent in any case in which the court awards
7     physical care or temporary legal custody of a minor child
8     to petitioner. The court shall restrict or deny
9     respondent's visitation with a minor child if the court
10     finds that respondent has done or is likely to do any of
11     the following: (i) abuse or endanger the minor child during
12     visitation; (ii) use the visitation as an opportunity to
13     abuse or harass petitioner or petitioner's family or
14     household members; (iii) improperly conceal or detain the
15     minor child; or (iv) otherwise act in a manner that is not
16     in the best interests of the minor child. The court shall
17     not be limited by the standards set forth in Section 607.1
18     of the Illinois Marriage and Dissolution of Marriage Act.
19     If the court grants visitation, the order shall specify
20     dates and times for the visitation to take place or other
21     specific parameters or conditions that are appropriate. No
22     order for visitation shall refer merely to the term
23     "reasonable visitation".
24         Petitioner may deny respondent access to the minor
25     child if, when respondent arrives for visitation,
26     respondent is under the influence of drugs or alcohol and

 

 

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1     constitutes a threat to the safety and well-being of
2     petitioner or petitioner's minor children or is behaving in
3     a violent or abusive manner.
4         If necessary to protect any member of petitioner's
5     family or household from future abuse, respondent shall be
6     prohibited from coming to petitioner's residence to meet
7     the minor child for visitation, and the parties shall
8     submit to the court their recommendations for reasonable
9     alternative arrangements for visitation. A person may be
10     approved to supervise visitation only after filing an
11     affidavit accepting that responsibility and acknowledging
12     accountability to the court.
13         (8) Removal or concealment of minor child. Prohibit
14     respondent from removing a minor child from the State or
15     concealing the child within the State.
16         (9) Order to appear. Order the respondent to appear in
17     court, alone or with a minor child, to prevent abuse,
18     neglect, removal or concealment of the child, to return the
19     child to the custody or care of the petitioner or to permit
20     any court-ordered interview or examination of the child or
21     the respondent.
22         (10) Possession of personal property. Grant petitioner
23     exclusive possession of personal property and, if
24     respondent has possession or control, direct respondent to
25     promptly make it available to petitioner, if:
26             (i) petitioner, but not respondent, owns the

 

 

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1         property; or
2             (ii) the parties own the property jointly; sharing
3         it would risk abuse of petitioner by respondent or is
4         impracticable; and the balance of hardships favors
5         temporary possession by petitioner.
6         If petitioner's sole claim to ownership of the property
7     is that it is marital property, the court may award
8     petitioner temporary possession thereof under the
9     standards of subparagraph (ii) of this paragraph only if a
10     proper proceeding has been filed under the Illinois
11     Marriage and Dissolution of Marriage Act, as now or
12     hereafter amended.
13         No order under this provision shall affect title to
14     property.
15         (11) Protection of property. Forbid the respondent
16     from taking, transferring, encumbering, concealing,
17     damaging or otherwise disposing of any real or personal
18     property, except as explicitly authorized by the court, 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 property
24     is that it is marital property, the court may grant
25     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 custody, when the respondent has a
19     legal obligation to support that person, in accordance with
20     the Illinois Marriage and Dissolution of Marriage Act,
21     which shall govern, among other matters, the amount of
22     support, payment through the clerk and withholding of
23     income to secure payment. An order for child support may be
24     granted to a petitioner with lawful physical care or
25     custody of a child, or an order or agreement for physical
26     care or custody, prior to entry of an order for legal

 

 

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1     custody. Such a support order shall expire upon entry of a
2     valid order granting legal custody to another, unless
3     otherwise provided in the custody order.
4         (13) Order for payment of losses. Order respondent to
5     pay petitioner for losses suffered as a direct result of
6     the abuse, neglect, or exploitation. Such losses shall
7     include, but not be limited to, medical expenses, lost
8     earnings or other support, repair or replacement of
9     property damaged or taken, reasonable attorney's fees,
10     court costs and moving or other travel expenses, including
11     additional reasonable expenses for temporary shelter and
12     restaurant meals.
13             (i) Losses affecting family needs. If a party is
14         entitled to seek maintenance, child support or
15         property distribution from the other party under the
16         Illinois Marriage and Dissolution of Marriage Act, as
17         now or hereafter amended, the court may order
18         respondent to reimburse petitioner's actual losses, to
19         the extent that such reimbursement would be
20         "appropriate temporary relief", as authorized by
21         subsection (a)(3) of Section 501 of that Act.
22             (ii) Recovery of expenses. In the case of an
23         improper concealment or removal of a minor child, the
24         court may order respondent to pay the reasonable
25         expenses incurred or to be incurred in the search for
26         and recovery of the minor child, including but not

 

 

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1         limited to legal fees, court costs, private
2         investigator fees, and travel costs.
3         (14) Prohibition of entry. Prohibit the respondent
4     from entering or remaining in the residence or household
5     while the respondent is under the influence of alcohol or
6     drugs and constitutes a threat to the safety and well-being
7     of the petitioner or the petitioner's children.
8         (14.5) Prohibition of firearm possession.
9             (a) When a complaint is made under a request for an
10         order of protection, that the respondent has
11         threatened or is likely to use firearms illegally
12         against the petitioner, and the respondent is present
13         in court, or has failed to appear after receiving
14         actual notice, the court shall examine on oath the
15         petitioner, and any witnesses who may be produced. If
16         the court is satisfied that there is any danger of the
17         illegal use of firearms, it shall issue an order that
18         any firearms in the possession of the respondent,
19         except as provided in subsection (b), be turned over to
20         the local law enforcement agency for safekeeping. If
21         the respondent has failed to appear, the court shall
22         issue a warrant for seizure of any firearm in the
23         possession of the respondent. The period of
24         safekeeping shall be for a stated period of time not to
25         exceed 2 years. The firearm or firearms shall be
26         returned to the respondent at the end of the stated

 

 

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1         period or at expiration of the order of protection,
2         whichever is sooner.
3             (b) If the respondent is a peace officer as defined
4         in Section 2-13 of the Criminal Code of 1961, the court
5         shall order that any firearms used by the respondent in
6         the performance of his or her duties as a peace officer
7         be surrendered to the chief law enforcement executive
8         of the agency in which the respondent is employed, who
9         shall retain the firearms for safekeeping for the
10         stated period not to exceed 2 years as set forth in the
11         court order.
12         (15) Prohibition of access to records. If an order of
13     protection prohibits respondent from having contact with
14     the minor child, or if petitioner's address is omitted
15     under subsection (b) of Section 203, or if necessary to
16     prevent abuse or wrongful removal or concealment of a minor
17     child, the order shall deny respondent access to, and
18     prohibit respondent from inspecting, obtaining, or
19     attempting to inspect or obtain, school or any other
20     records of the minor child who is in the care of
21     petitioner.
22         (16) Order for payment of shelter services. Order
23     respondent to reimburse a shelter providing temporary
24     housing and counseling services to the petitioner for the
25     cost of the services, as certified by the shelter and
26     deemed reasonable by the court.

 

 

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1         (17) Order for injunctive relief. Enter injunctive
2     relief necessary or appropriate to prevent further abuse of
3     a family or household member or further abuse, neglect, or
4     exploitation of a high-risk adult with disabilities or to
5     effectuate one of the granted remedies, if supported by the
6     balance of hardships. If the harm to be prevented by the
7     injunction is abuse or any other harm that one of the
8     remedies listed in paragraphs (1) through (16) of this
9     subsection is designed to prevent, no further evidence is
10     necessary that the harm is an irreparable injury.
11     (c) Relevant factors; findings.
12         (1) In determining whether to grant a specific remedy,
13     other than payment of support, the court shall consider
14     relevant factors, including but not limited to the
15     following:
16             (i) the nature, frequency, severity, pattern and
17         consequences of the respondent's past abuse, neglect
18         or exploitation of the petitioner or any family or
19         household member, including the concealment of his or
20         her location in order to evade service of process or
21         notice, and the likelihood of danger of future abuse,
22         neglect, or exploitation to petitioner or any member of
23         petitioner's or respondent's family or household; and
24             (ii) the danger that any minor child will be abused
25         or neglected or improperly removed from the
26         jurisdiction, improperly concealed within the State or

 

 

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1         improperly separated from the child's primary
2         caretaker.
3         (2) In comparing relative hardships resulting to the
4     parties from loss of possession of the family home, the
5     court shall consider relevant factors, including but not
6     limited to the following:
7             (i) availability, accessibility, cost, safety,
8         adequacy, location and other characteristics of
9         alternate housing for each party and any minor child or
10         dependent adult in the party's care;
11             (ii) the effect on the party's employment; and
12             (iii) the effect on the relationship of the party,
13         and any minor child or dependent adult in the party's
14         care, to family, school, church and community.
15         (3) Subject to the exceptions set forth in paragraph
16     (4) of this subsection, the court shall make its findings
17     in an official record or in writing, and shall at a minimum
18     set forth the following:
19             (i) That the court has considered the applicable
20         relevant factors described in paragraphs (1) and (2) of
21         this subsection.
22             (ii) Whether the conduct or actions of respondent,
23         unless prohibited, will likely cause irreparable harm
24         or continued abuse.
25             (iii) Whether it is necessary to grant the
26         requested relief in order to protect petitioner or

 

 

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1         other alleged abused persons.
2         (4) For purposes of issuing an ex parte emergency order
3     of protection, the court, as an alternative to or as a
4     supplement to making the findings described in paragraphs
5     (c)(3)(i) through (c)(3)(iii) of this subsection, may use
6     the following procedure:
7         When a verified petition for an emergency order of
8     protection in accordance with the requirements of Sections
9     203 and 217 is presented to the court, the court shall
10     examine petitioner on oath or affirmation. An emergency
11     order of protection shall be issued by the court if it
12     appears from the contents of the petition and the
13     examination of petitioner that the averments are
14     sufficient to indicate abuse by respondent and to support
15     the granting of relief under the issuance of the emergency
16     order of protection.
17         (5) Never married parties. No rights or
18     responsibilities for a minor child born outside of marriage
19     attach to a putative father until a father and child
20     relationship has been established under the Illinois
21     Parentage Act of 1984, the Illinois Public Aid Code,
22     Section 12 of the Vital Records Act, the Juvenile Court Act
23     of 1987, the Probate Act of 1985, the Revised Uniform
24     Reciprocal Enforcement of Support Act, the Uniform
25     Interstate Family Support Act, the Expedited Child Support
26     Act of 1990, any judicial, administrative, or other act of

 

 

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1     another state or territory, any other Illinois statute, or
2     by any foreign nation establishing the father and child
3     relationship, any other proceeding substantially in
4     conformity with the Personal Responsibility and Work
5     Opportunity Reconciliation Act of 1996 (Pub. L. 104-193),
6     or where both parties appeared in open court or at an
7     administrative hearing acknowledging under oath or
8     admitting by affirmation the existence of a father and
9     child relationship. Absent such an adjudication, finding,
10     or acknowledgement, no putative father shall be granted
11     temporary custody of the minor child, visitation with the
12     minor child, or physical care and possession of the minor
13     child, nor shall an order of payment for support of the
14     minor child be entered.
15     (d) Balance of hardships; findings. If the court finds that
16 the balance of hardships does not support the granting of a
17 remedy governed by paragraph (2), (3), (10), (11), or (16) of
18 subsection (b) of this Section, which may require such
19 balancing, the court's findings shall so indicate and shall
20 include a finding as to whether granting the remedy will result
21 in hardship to respondent that would substantially outweigh the
22 hardship to petitioner from denial of the remedy. The findings
23 shall be an official record or in writing.
24     (e) Denial of remedies. Denial of any remedy shall not be
25 based, in whole or in part, on evidence that:
26         (1) Respondent has cause for any use of force, unless

 

 

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1     that cause satisfies the standards for justifiable use of
2     force provided by Article VII of the Criminal Code of 1961;
3         (2) Respondent was voluntarily intoxicated;
4         (3) Petitioner acted in self-defense or defense of
5     another, provided that, if petitioner utilized force, such
6     force was justifiable under Article VII of the Criminal
7     Code of 1961;
8         (4) Petitioner did not act in self-defense or defense
9     of another;
10         (5) Petitioner left the residence or household to avoid
11     further abuse, neglect, or exploitation by respondent;
12         (6) Petitioner did not leave the residence or household
13     to avoid further abuse, neglect, or exploitation by
14     respondent;
15         (7) Conduct by any family or household member excused
16     the abuse, neglect, or exploitation by respondent, unless
17     that same conduct would have excused such abuse, neglect,
18     or exploitation if the parties had not been family or
19     household members.
20 (Source: P.A. 93-108, eff. 1-1-04.)