Full Text of HB1404 103rd General Assembly
HB1404ham001 103RD GENERAL ASSEMBLY | Rep. Maura Hirschauer Filed: 3/7/2023
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| 1 | | AMENDMENT TO HOUSE BILL 1404
| 2 | | AMENDMENT NO. ______. Amend House Bill 1404 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Firearms Restraining Order Act is amended | 5 | | by changing Section 5 as follows: | 6 | | (430 ILCS 67/5) | 7 | | Sec. 5. Definitions.
As used in this Act: | 8 | | "Family member of the respondent" means a spouse, former | 9 | | spouse, person with whom the respondent has a minor child in | 10 | | common, parent, child, or step-child of the respondent, any | 11 | | other person related by blood or present marriage to the | 12 | | respondent, or a person who shares a common dwelling with the | 13 | | respondent. | 14 | | "Firearms restraining order" means an order issued by the | 15 | | court, prohibiting and enjoining a named person from having in | 16 | | his or her custody or control, purchasing, possessing, or |
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| 1 | | receiving any firearms or ammunition, or removing firearm | 2 | | parts that could be assembled to make an operable firearm.
| 3 | | "Intimate partner" means a spouse, former spouse, a person | 4 | | with whom the respondent has or allegedly has a child in | 5 | | common, or a person with whom the respondent has or has had a | 6 | | dating or engagement relationship. | 7 | | "Petitioner" means: | 8 | | (1) a family member of the respondent as defined in | 9 | | this Act; or
| 10 | | (2) a law enforcement officer
who files a petition | 11 | | alleging that the respondent poses a danger of causing | 12 | | personal injury to himself, herself, or another by having | 13 | | in his or her custody or control, purchasing, possessing, | 14 | | or receiving a firearm, ammunition, or firearm parts that | 15 | | could be assembled to make an operable firearm or removing | 16 | | firearm parts that could be assembled to make an operable | 17 | | firearm ; or | 18 | | (3) intimate partner . | 19 | | "Respondent" means the person alleged in the petition to | 20 | | pose a danger of causing personal injury to himself, herself, | 21 | | or another by having in his or her custody or control, | 22 | | purchasing, possessing, or receiving a firearm, ammunition, or | 23 | | firearm parts that could be assembled to make an operable | 24 | | firearm or removing firearm parts that could be assembled to | 25 | | make an operable firearm.
| 26 | | (Source: P.A. 101-81, eff. 7-12-19; 102-345, eff. 6-1-22 .) |
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| 1 | | Section 10. The Code of Criminal Procedure of 1963 is | 2 | | amended by changing Section 112A-14 as follows:
| 3 | | (725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14)
| 4 | | Sec. 112A-14. Domestic violence order of protection; | 5 | | remedies.
| 6 | | (a) (Blank).
| 7 | | (b) The court may order any of the remedies listed in this | 8 | | subsection (b).
The remedies listed in this subsection (b) | 9 | | shall be in addition to other civil
or criminal remedies | 10 | | available to petitioner.
| 11 | | (1) Prohibition of abuse. Prohibit respondent's | 12 | | harassment,
interference with personal liberty, | 13 | | intimidation of a dependent, physical
abuse, or willful | 14 | | deprivation, as defined in this Article, if such abuse has
| 15 | | occurred or otherwise appears likely to occur if not | 16 | | prohibited.
| 17 | | (2) Grant of exclusive possession of residence. | 18 | | Prohibit respondent
from entering or remaining in any | 19 | | residence, household, or premises of the petitioner,
| 20 | | including one owned or leased by respondent, if petitioner | 21 | | has a right
to occupancy thereof. The grant of exclusive | 22 | | possession of the residence, household, or premises
shall | 23 | | not affect title to real property, nor shall the court be | 24 | | limited by
the standard set forth in subsection (c-2) of |
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| 1 | | Section 501 of the Illinois Marriage and
Dissolution of | 2 | | Marriage Act.
| 3 | | (A) Right to occupancy. A party has a right to | 4 | | occupancy of a
residence or household if it is
solely | 5 | | or jointly owned or leased by that party, that party's | 6 | | spouse, a
person with a legal duty to support that | 7 | | party or a minor child in that
party's care, or by any | 8 | | person or entity other than the opposing party that
| 9 | | authorizes that party's occupancy (e.g., a domestic | 10 | | violence shelter).
Standards set forth in subparagraph | 11 | | (B) shall not preclude equitable relief.
| 12 | | (B) Presumption of hardships. If petitioner and | 13 | | respondent
each has the right to occupancy of a | 14 | | residence or household, the court
shall balance (i) | 15 | | the hardships to respondent and any minor child or
| 16 | | dependent adult in respondent's care resulting from | 17 | | entry of this remedy with (ii)
the hardships to | 18 | | petitioner and any minor child or dependent adult in
| 19 | | petitioner's care resulting from continued exposure to | 20 | | the risk of abuse (should
petitioner remain at the | 21 | | residence or household) or from loss of possession
of | 22 | | the residence or household (should petitioner leave to | 23 | | avoid the risk
of abuse). When determining the balance | 24 | | of hardships, the court shall also
take into account | 25 | | the accessibility of the residence or household.
| 26 | | Hardships need not be balanced if respondent does not |
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| 1 | | have a right to occupancy.
| 2 | | The balance of hardships is presumed to favor | 3 | | possession by
petitioner unless the presumption is | 4 | | rebutted by a preponderance of the
evidence, showing | 5 | | that the hardships to respondent substantially | 6 | | outweigh
the hardships to petitioner and any minor | 7 | | child or dependent adult in petitioner's
care. The | 8 | | court, on the request of petitioner or on its own | 9 | | motion,
may order respondent to provide suitable, | 10 | | accessible, alternate housing
for petitioner instead | 11 | | of
excluding respondent from a mutual residence or | 12 | | household.
| 13 | | (3) Stay away order and additional prohibitions.
Order | 14 | | respondent to stay away from petitioner or any other | 15 | | person
protected by the domestic violence order of | 16 | | protection, or prohibit respondent from entering
or | 17 | | remaining present at petitioner's school, place of | 18 | | employment, or other
specified places at times when | 19 | | petitioner is present, or both, if
reasonable, given
the | 20 | | balance of hardships. Hardships need not be balanced for | 21 | | the court
to enter a stay away order or prohibit entry
if | 22 | | respondent has no right to enter the premises.
| 23 | | (A) If a domestic violence order of protection | 24 | | grants petitioner exclusive possession
of the | 25 | | residence, prohibits respondent from entering the | 26 | | residence,
or orders respondent to stay away from |
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| 1 | | petitioner or other
protected persons, then the court | 2 | | may allow respondent access to the
residence to remove | 3 | | items of clothing and personal adornment
used | 4 | | exclusively by respondent, medications, and other | 5 | | items as the court directs.
The right to access shall | 6 | | be exercised on only one occasion as the court directs
| 7 | | and in the presence of an agreed-upon adult third | 8 | | party or law enforcement officer.
| 9 | | (B) When the petitioner and the respondent attend | 10 | | the same public, private, or non-public elementary, | 11 | | middle, or high school, the court when issuing a | 12 | | domestic violence order of protection and providing | 13 | | relief shall consider the severity of the act, any | 14 | | continuing physical danger or emotional distress to | 15 | | the petitioner, the educational rights guaranteed to | 16 | | the petitioner and respondent under federal and State | 17 | | law, the availability of a transfer of the respondent | 18 | | to another school, a change of placement or a change of | 19 | | program of the respondent, the expense, difficulty, | 20 | | and educational disruption that would be caused by a | 21 | | transfer of the respondent to another school, and any | 22 | | other relevant facts of the case. The court may order | 23 | | that the respondent not attend the public, private, or | 24 | | non-public elementary, middle, or high school attended | 25 | | by the petitioner, order that the respondent accept a | 26 | | change of placement or change of program, as |
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| 1 | | determined by the school district or private or | 2 | | non-public school, or place restrictions on the | 3 | | respondent's movements within the school attended by | 4 | | the petitioner. The respondent bears the burden of | 5 | | proving by a preponderance of the evidence that a | 6 | | transfer, change of placement, or change of program of | 7 | | the respondent is not available. The respondent also | 8 | | bears the burden of production with respect to the | 9 | | expense, difficulty, and educational disruption that | 10 | | would be caused by a transfer of the respondent to | 11 | | another school. A transfer, change of placement, or | 12 | | change of program is not unavailable to the respondent | 13 | | solely on the ground that the respondent does not | 14 | | agree with the school district's or private or | 15 | | non-public school's transfer, change of placement, or | 16 | | change of program or solely on the ground that the | 17 | | respondent fails or refuses to consent or otherwise | 18 | | does not take an action required to effectuate a | 19 | | transfer, change of placement, or change of program. | 20 | | When a court orders a respondent to stay away from the | 21 | | public, private, or non-public school attended by the | 22 | | petitioner and the respondent requests a transfer to | 23 | | another attendance center within the respondent's | 24 | | school district or private or non-public school, the | 25 | | school district or private or non-public school shall | 26 | | have sole discretion to determine the attendance |
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| 1 | | center to which the respondent is transferred. If the | 2 | | court order results in a transfer of the minor | 3 | | respondent to another attendance center, a change in | 4 | | the respondent's placement, or a change of the | 5 | | respondent's program, the parents, guardian, or legal | 6 | | custodian of the respondent is responsible for | 7 | | transportation and other costs associated with the | 8 | | transfer or change. | 9 | | (C) The court may order the parents, guardian, or | 10 | | legal custodian of a minor respondent to take certain | 11 | | actions or to refrain from taking certain actions to | 12 | | ensure that the respondent complies with the order. If | 13 | | the court orders a transfer of the respondent to | 14 | | another school, the parents, guardian, or legal | 15 | | custodian of the respondent is responsible for | 16 | | transportation and other costs associated with the | 17 | | change of school by the respondent. | 18 | | (4) Counseling. Require or recommend the respondent to | 19 | | undergo
counseling for a specified duration with a social | 20 | | worker, psychologist,
clinical psychologist, | 21 | | psychiatrist, family service agency, alcohol or
substance | 22 | | abuse program, mental health center guidance counselor, | 23 | | agency
providing services to elders, program designed for | 24 | | domestic violence
abusers, or any other guidance service | 25 | | the court deems appropriate. The court may order the | 26 | | respondent in any intimate partner relationship to report |
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| 1 | | to an Illinois Department of Human Services protocol | 2 | | approved partner abuse intervention program for an | 3 | | assessment and to follow all recommended treatment.
| 4 | | (5) Physical care and possession of the minor child. | 5 | | In order to protect
the minor child from abuse, neglect, | 6 | | or unwarranted separation from the person
who has been the | 7 | | minor child's primary caretaker, or to otherwise protect | 8 | | the
well-being of the minor child, the court may do either | 9 | | or both of the following:
(i) grant petitioner physical | 10 | | care or possession of the minor child, or both, or
(ii) | 11 | | order respondent to return a minor child to, or not remove | 12 | | a minor child
from, the physical care of a parent or person | 13 | | in loco parentis.
| 14 | | If the respondent is charged with abuse
(as defined in | 15 | | Section 112A-3 of this Code) of a minor child, there shall | 16 | | be a
rebuttable presumption that awarding physical care to | 17 | | respondent would not
be in the minor child's best | 18 | | interest.
| 19 | | (6) Temporary allocation of parental responsibilities | 20 | | and significant decision-making responsibilities.
Award | 21 | | temporary significant decision-making responsibility to | 22 | | petitioner in accordance with this Section,
the Illinois | 23 | | Marriage
and Dissolution of Marriage Act, the Illinois | 24 | | Parentage Act of 2015,
and this State's Uniform | 25 | | Child-Custody
Jurisdiction and Enforcement Act.
| 26 | | If the respondent
is charged with abuse (as defined in |
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| 1 | | Section 112A-3 of this Code) of a
minor child, there shall | 2 | | be a rebuttable presumption that awarding
temporary | 3 | | significant decision-making responsibility to respondent | 4 | | would not be in the
child's best interest.
| 5 | | (7) Parenting time. Determine the parenting time, if | 6 | | any, of respondent in any case in which the court
awards | 7 | | physical care or temporary significant decision-making | 8 | | responsibility of a minor child to
petitioner. The court | 9 | | shall restrict or deny respondent's parenting time with
a | 10 | | minor child if
the court finds that respondent has done or | 11 | | is likely to do any of the
following: | 12 | | (i) abuse or endanger the minor child during | 13 | | parenting time; | 14 | | (ii) use the parenting time
as an opportunity to | 15 | | abuse or harass petitioner or
petitioner's family or | 16 | | household members; | 17 | | (iii) improperly conceal or
detain the minor | 18 | | child; or | 19 | | (iv) otherwise act in a manner that is not in
the | 20 | | best interests of the minor child. | 21 | | The court shall not be limited by the
standards set | 22 | | forth in Section 603.10 of the Illinois Marriage and
| 23 | | Dissolution of Marriage Act. If the court grants parenting | 24 | | time, the order
shall specify dates and times for the | 25 | | parenting time to take place or other
specific parameters | 26 | | or conditions that are appropriate. No order for parenting |
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| 1 | | time
shall refer merely to the term "reasonable parenting | 2 | | time". Petitioner may deny respondent access to the minor | 3 | | child if, when
respondent arrives for parenting time, | 4 | | respondent is under the influence of drugs
or alcohol and | 5 | | constitutes a threat to the safety and well-being of
| 6 | | petitioner or petitioner's minor children or is behaving | 7 | | in a violent or abusive manner. If necessary to protect | 8 | | any member of petitioner's family or
household from future | 9 | | abuse, respondent shall be prohibited from coming to
| 10 | | petitioner's residence to meet the minor child for | 11 | | parenting time, and the petitioner and respondent
shall | 12 | | submit to the court their recommendations for reasonable
| 13 | | alternative arrangements for parenting time. A person may | 14 | | be approved to
supervise parenting time only after filing | 15 | | an affidavit accepting
that responsibility and | 16 | | acknowledging accountability to the court.
| 17 | | (8) Removal or concealment of minor child.
Prohibit | 18 | | respondent from
removing a minor child from the State or | 19 | | concealing the child within the
State.
| 20 | | (9) Order to appear. Order the respondent to
appear in | 21 | | court, alone
or with a minor child, to prevent abuse, | 22 | | neglect, removal or concealment of
the child, to return | 23 | | the child to the custody or care of the petitioner, or
to | 24 | | permit any court-ordered interview or examination of the | 25 | | child or the
respondent.
| 26 | | (10) Possession of personal property. Grant petitioner |
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| 1 | | exclusive
possession of personal property and, if | 2 | | respondent has possession or
control, direct respondent to | 3 | | promptly make it available to petitioner, if:
| 4 | | (i) petitioner, but not respondent, owns the | 5 | | property; or
| 6 | | (ii) the petitioner and respondent own the | 7 | | property jointly; sharing it would risk
abuse of | 8 | | petitioner by respondent or is impracticable; and the | 9 | | balance of
hardships favors temporary possession by | 10 | | petitioner.
| 11 | | If petitioner's sole claim to ownership of the | 12 | | property is that it is
marital property, the court may | 13 | | award petitioner temporary possession
thereof under the | 14 | | standards of subparagraph (ii) of this paragraph only if
a | 15 | | proper proceeding has been filed under the Illinois | 16 | | Marriage and
Dissolution of Marriage Act, as now or | 17 | | hereafter amended.
| 18 | | No order under this provision shall affect title to | 19 | | property.
| 20 | | (11) Protection of property. Forbid the respondent | 21 | | from taking,
transferring, encumbering, concealing, | 22 | | damaging, or otherwise disposing of
any real or personal | 23 | | property, except as explicitly authorized by the
court, | 24 | | if:
| 25 | | (i) petitioner, but not respondent, owns the | 26 | | property; or
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| 1 | | (ii) the petitioner and respondent own the | 2 | | property jointly,
and the balance of hardships favors | 3 | | granting this remedy.
| 4 | | If petitioner's sole claim to ownership of the | 5 | | property is that it is
marital property, the court may | 6 | | grant petitioner relief under subparagraph
(ii) of this | 7 | | paragraph only if a proper proceeding has been filed under | 8 | | the
Illinois Marriage and Dissolution of Marriage Act, as | 9 | | now or hereafter amended.
| 10 | | The court may further prohibit respondent from | 11 | | improperly using the
financial or other resources of an | 12 | | aged member of the family or household
for the profit or | 13 | | advantage of respondent or of any other person.
| 14 | | (11.5) Protection of animals. Grant the petitioner the | 15 | | exclusive care, custody, or control of any animal owned, | 16 | | possessed, leased, kept, or held by either the petitioner | 17 | | or the respondent or a minor child residing in the | 18 | | residence or household of either the petitioner or the | 19 | | respondent and order the respondent to stay away from the | 20 | | animal and forbid the respondent from taking, | 21 | | transferring, encumbering, concealing, harming, or | 22 | | otherwise disposing of the animal.
| 23 | | (12) Order for payment of support. Order
respondent to | 24 | | pay temporary
support for the petitioner or any child in | 25 | | the petitioner's care or over whom the petitioner has been | 26 | | allocated parental responsibility, when the respondent has |
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| 1 | | a legal obligation to support that person,
in accordance | 2 | | with the Illinois Marriage and Dissolution
of Marriage | 3 | | Act, which shall govern, among other matters, the amount | 4 | | of
support, payment through the clerk and withholding of | 5 | | income to secure
payment. An order for child support may | 6 | | be granted to a petitioner with
lawful physical care of a | 7 | | child, or an order or agreement for
physical care of a | 8 | | child, prior to entry of an order allocating significant | 9 | | decision-making responsibility.
Such a support order shall | 10 | | expire upon entry of a valid order allocating parental | 11 | | responsibility differently and vacating petitioner's | 12 | | significant decision-making responsibility unless | 13 | | otherwise provided in the order.
| 14 | | (13) Order for payment of losses. Order
respondent to | 15 | | pay petitioner
for losses suffered as a direct result of | 16 | | the abuse. Such losses shall
include, but not be limited | 17 | | to, medical expenses, lost earnings or other
support, | 18 | | repair or replacement of property damaged or taken, | 19 | | reasonable
attorney's fees, court costs, and moving or | 20 | | other travel expenses, including
additional reasonable | 21 | | expenses for temporary shelter and restaurant meals.
| 22 | | (i) Losses affecting family needs. If a party is | 23 | | entitled to seek
maintenance, child support, or | 24 | | property distribution from the other party
under the | 25 | | Illinois Marriage and Dissolution of Marriage Act, as | 26 | | now or
hereafter amended, the court may order |
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| 1 | | respondent to reimburse petitioner's
actual losses, to | 2 | | the extent that such reimbursement would be | 3 | | "appropriate
temporary relief", as authorized by | 4 | | subsection (a)(3) of
Section 501 of that Act.
| 5 | | (ii) Recovery of expenses. In the case of an | 6 | | improper concealment
or removal of a minor child, the | 7 | | court may order respondent to pay the reasonable
| 8 | | expenses incurred or to be incurred in the search for | 9 | | and recovery of the
minor child, including, but not | 10 | | limited to, legal fees, court costs, private
| 11 | | investigator fees, and travel costs.
| 12 | | (14) Prohibition of entry. Prohibit the respondent | 13 | | from entering or
remaining in the residence or household | 14 | | while the respondent is under the
influence of alcohol or | 15 | | drugs and constitutes a threat to the safety and
| 16 | | well-being of the petitioner or the petitioner's children.
| 17 | | (14.5) Prohibition of firearm possession. | 18 | | (A) A person who is subject to an existing | 19 | | domestic violence order of protection issued under | 20 | | this Code may not lawfully possess weapons or a | 21 | | Firearm Owner's Identification Card under Section 8.2 | 22 | | of the Firearm Owners Identification Card Act. | 23 | | (B) Any firearms in the
possession of the | 24 | | respondent, except as provided in subparagraph (C) of | 25 | | this paragraph (14.5), shall be ordered by the court | 26 | | to be turned
over to a local law enforcement agency |
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| 1 | | person with a valid Firearm Owner's Identification | 2 | | Card for safekeeping and the respondent shall be | 3 | | prohibited from acquiring or possessing any firearms | 4 | | for the duration of the order of protection . The court | 5 | | shall issue an order that the respondent comply with | 6 | | Section 9.5 of the Firearm Owners Identification Card | 7 | | Act.
| 8 | | (B-1) Immediately upon entry of an order of | 9 | | protection prohibiting firearm possession under this | 10 | | Section, the court shall issue a warrant for seizure | 11 | | of any firearm in the possession of the respondent, to | 12 | | be kept by the local law enforcement agency for | 13 | | safekeeping, except as provided in subparagraph (C). A | 14 | | return of the warrant for seizure shall be filed by the | 15 | | law enforcement agency within 48 hours thereafter, | 16 | | setting forth the time, date, and location that the | 17 | | warrant for seizure was executed and what items, if | 18 | | any, were seized. The petitioner's general description | 19 | | of the firearm or firearms and their location shall be | 20 | | sufficient to support issuing a warrant. The period of | 21 | | safekeeping shall be for the duration of the order of | 22 | | protection. | 23 | | (B-2) Notwithstanding the issuance of a warrant | 24 | | under subsection (B-1), the respondent shall be | 25 | | ordered to immediately surrender any firearms to the | 26 | | appropriate law enforcement agency and prohibited from |
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| 1 | | transferring firearms to another individual in lieu of | 2 | | surrender to law enforcement. | 3 | | (B-3) The relevant law enforcement agency shall | 4 | | provide a statement of receipt of any firearm seized | 5 | | or surrendered with a description of any firearm | 6 | | seized or surrendered to the respondent and the court. | 7 | | This statement of receipt shall be prima facie | 8 | | evidence of compliance with an order to surrender | 9 | | firearms. | 10 | | (C) If the respondent is a peace officer as | 11 | | defined in Section 2-13 of
the
Criminal Code of 2012, | 12 | | the court shall order that any firearms used by the
| 13 | | respondent in the performance of his or her duties as a
| 14 | | peace officer be surrendered to
the chief law | 15 | | enforcement executive of the agency in which the | 16 | | respondent is
employed, who shall retain the firearms | 17 | | for safekeeping for the duration of the domestic | 18 | | violence order of protection.
| 19 | | (D) Upon expiration of the period of safekeeping, | 20 | | if the firearms or Firearm Owner's Identification Card | 21 | | cannot be returned to respondent because respondent | 22 | | cannot be located, fails to respond to requests to | 23 | | retrieve the firearms, or is not lawfully eligible to | 24 | | possess a firearm, upon petition from the local law | 25 | | enforcement agency, the court may order the local law | 26 | | enforcement agency to destroy the firearms, use the |
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| 1 | | firearms for training purposes, or for any other | 2 | | application as deemed appropriate by the local law | 3 | | enforcement agency; or that the firearms be turned | 4 | | over to a third party who is lawfully eligible to | 5 | | possess firearms, and who does not reside with | 6 | | respondent. | 7 | | (14.6) Prohibition of firearm possession; emergency | 8 | | orders. Prohibit a respondent against whom an order of | 9 | | protection was issued from possessing any firearms during | 10 | | the duration of the order as set forth in paragraph (14.5) | 11 | | if the prerequisites in subsection (b) of Section | 12 | | 112A-17.5 are satisfied. | 13 | | (15) Prohibition of access to records. If a domestic | 14 | | violence order of protection
prohibits respondent from | 15 | | having contact with the minor child,
or if petitioner's | 16 | | address is omitted under subsection (b) of
Section 112A-5 | 17 | | of this Code, or if necessary to prevent abuse or wrongful | 18 | | removal or
concealment of a minor child, the order shall | 19 | | deny respondent access to, and
prohibit respondent from | 20 | | inspecting, obtaining, or attempting to
inspect or obtain, | 21 | | school or any other records of the minor child
who is in | 22 | | the care of petitioner.
| 23 | | (16) Order for payment of shelter services. Order | 24 | | respondent to
reimburse a shelter providing temporary | 25 | | housing and counseling services to
the petitioner for the | 26 | | cost of the services, as certified by the shelter
and |
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| 1 | | deemed reasonable by the court.
| 2 | | (17) Order for injunctive relief. Enter injunctive | 3 | | relief necessary
or appropriate to prevent further abuse | 4 | | of a family or household member or
to effectuate one of the | 5 | | granted remedies, if supported by the balance of
| 6 | | hardships. If the harm to be prevented by the injunction | 7 | | is abuse or any
other harm that one of the remedies listed | 8 | | in paragraphs (1) through (16)
of this subsection is | 9 | | designed to prevent, no further evidence is necessary
to | 10 | | establish that the harm is an irreparable injury.
| 11 | | (18) Telephone services. | 12 | | (A) Unless a condition described in subparagraph | 13 | | (B) of this paragraph exists, the court may, upon | 14 | | request by the petitioner, order a wireless telephone | 15 | | service provider to transfer to the petitioner the | 16 | | right to continue to use a telephone number or numbers | 17 | | indicated by the petitioner and the financial | 18 | | responsibility associated with the number or numbers, | 19 | | as set forth in subparagraph (C) of this paragraph. In | 20 | | this paragraph (18), the term "wireless telephone | 21 | | service provider" means a provider of commercial | 22 | | mobile service as defined in 47 U.S.C. 332. The | 23 | | petitioner may request the transfer of each telephone | 24 | | number that the petitioner, or a minor child in his or | 25 | | her custody, uses. The clerk of the court shall serve | 26 | | the order on the wireless telephone service provider's |
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| 1 | | agent for service of process provided to the Illinois | 2 | | Commerce Commission. The order shall contain all of | 3 | | the following: | 4 | | (i) The name and billing telephone number of | 5 | | the account holder including the name of the | 6 | | wireless telephone service provider that serves | 7 | | the account. | 8 | | (ii) Each telephone number that will be | 9 | | transferred. | 10 | | (iii) A statement that the provider transfers | 11 | | to the petitioner all financial responsibility for | 12 | | and right to the use of any telephone number | 13 | | transferred under this paragraph. | 14 | | (B) A wireless telephone service provider shall | 15 | | terminate the respondent's use of, and shall transfer | 16 | | to the petitioner use of, the telephone number or | 17 | | numbers indicated in subparagraph (A) of this | 18 | | paragraph unless it notifies the petitioner, within 72 | 19 | | hours after it receives the order, that one of the | 20 | | following applies: | 21 | | (i) The account holder named in the order has | 22 | | terminated the account. | 23 | | (ii) A difference in network technology would | 24 | | prevent or impair the functionality of a device on | 25 | | a network if the transfer occurs. | 26 | | (iii) The transfer would cause a geographic or |
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| 1 | | other limitation on network or service provision | 2 | | to the petitioner. | 3 | | (iv) Another technological or operational | 4 | | issue would prevent or impair the use of the | 5 | | telephone number if the transfer occurs. | 6 | | (C) The petitioner assumes all financial | 7 | | responsibility for and right to the use of any | 8 | | telephone number transferred under this paragraph. In | 9 | | this paragraph, "financial responsibility" includes | 10 | | monthly service costs and costs associated with any | 11 | | mobile device associated with the number. | 12 | | (D) A wireless telephone service provider may | 13 | | apply to the petitioner its routine and customary | 14 | | requirements for establishing an account or | 15 | | transferring a number, including requiring the | 16 | | petitioner to provide proof of identification, | 17 | | financial information, and customer preferences.
| 18 | | (E) Except for willful or wanton misconduct, a | 19 | | wireless telephone service provider is immune from | 20 | | civil liability for its actions taken in compliance | 21 | | with a court order issued under this paragraph. | 22 | | (F) All wireless service providers that provide | 23 | | services to residential customers shall provide to the | 24 | | Illinois Commerce Commission the name and address of | 25 | | an agent for service of orders entered under this | 26 | | paragraph (18). Any change in status of the registered |
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| 1 | | agent must be reported to the Illinois Commerce | 2 | | Commission within 30 days of such change. | 3 | | (G) The Illinois Commerce Commission shall | 4 | | maintain the list of registered agents for service for | 5 | | each wireless telephone service provider on the | 6 | | Commission's website. The Commission may consult with | 7 | | wireless telephone service providers and the Circuit | 8 | | Court Clerks on the manner in which this information | 9 | | is provided and displayed. | 10 | | (c) Relevant factors; findings.
| 11 | | (1) In determining whether to grant a
specific remedy, | 12 | | other than payment of support, the
court shall consider | 13 | | relevant factors, including, but not limited to, the
| 14 | | following:
| 15 | | (i) the nature, frequency, severity, pattern, and | 16 | | consequences of the
respondent's past abuse of the | 17 | | petitioner or any family or household
member, | 18 | | including the concealment of his or her location in | 19 | | order to evade
service of process or notice, and the | 20 | | likelihood of danger of future abuse to
petitioner or
| 21 | | any member of petitioner's or respondent's family or | 22 | | household; and
| 23 | | (ii) the danger that any minor child will be | 24 | | abused or neglected or
improperly relocated from the | 25 | | jurisdiction, improperly concealed within the
State, | 26 | | or improperly separated from the child's primary |
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| 1 | | caretaker.
| 2 | | (2) In comparing relative hardships resulting to the | 3 | | parties from loss
of possession of the family home, the | 4 | | court shall consider relevant
factors, including, but not | 5 | | limited to, the following:
| 6 | | (i) availability, accessibility, cost, safety, | 7 | | adequacy, location, and other
characteristics of | 8 | | alternate housing for each party and any minor child | 9 | | or
dependent adult in the party's care;
| 10 | | (ii) the effect on the party's employment; and
| 11 | | (iii) the effect on the relationship of the party, | 12 | | and any minor
child or dependent adult in the party's | 13 | | care, to family, school, church,
and community.
| 14 | | (3) Subject to the exceptions set forth in paragraph | 15 | | (4) of this
subsection (c), the court shall make its | 16 | | findings in an official record or in
writing, and shall at | 17 | | a minimum set forth the following:
| 18 | | (i) That the court has considered the applicable | 19 | | relevant factors
described in paragraphs (1) and (2) | 20 | | of this subsection (c).
| 21 | | (ii) Whether the conduct or actions of respondent, | 22 | | unless
prohibited, will likely cause irreparable harm | 23 | | or continued abuse.
| 24 | | (iii) Whether it is necessary to grant the | 25 | | requested relief in order
to protect petitioner or | 26 | | other alleged abused persons.
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| 1 | | (4) (Blank).
| 2 | | (5) Never married parties. No rights or | 3 | | responsibilities for a minor
child born outside of | 4 | | marriage attach to a putative father until a father and
| 5 | | child relationship has been established under the Illinois | 6 | | Parentage Act of
1984, the Illinois Parentage Act of 2015, | 7 | | the Illinois Public Aid Code, Section 12 of the Vital | 8 | | Records Act, the Juvenile Court Act of 1987, the Probate | 9 | | Act of 1975, the Uniform Interstate Family Support Act, | 10 | | the Expedited Child Support Act of 1990, any judicial, | 11 | | administrative, or other act of another state or | 12 | | territory, any other statute of this State, or by any | 13 | | foreign nation establishing the father and child | 14 | | relationship, any other proceeding substantially in | 15 | | conformity with the federal Personal Responsibility and | 16 | | Work Opportunity Reconciliation Act of 1996, or when both | 17 | | parties appeared in open court or at an administrative | 18 | | hearing acknowledging under oath or admitting by | 19 | | affirmation the existence of a father and child | 20 | | relationship. Absent such an adjudication, no putative | 21 | | father shall be granted
temporary allocation of parental | 22 | | responsibilities, including parenting time with the minor | 23 | | child, or
physical care
and possession of the minor child, | 24 | | nor shall
an order of payment for support of the minor | 25 | | child be entered.
| 26 | | (d) Balance of hardships; findings. If the court finds |
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| 1 | | that the balance
of hardships does not support the granting of | 2 | | a remedy governed by
paragraph (2), (3), (10), (11), or (16) of
| 3 | | subsection (b) of this Section,
which may require such | 4 | | balancing, the court's findings shall so
indicate and shall | 5 | | include a finding as to whether granting the remedy will
| 6 | | result in hardship to respondent that would substantially | 7 | | outweigh the hardship
to petitioner
from denial of the remedy. | 8 | | The findings shall be an official record or in
writing.
| 9 | | (e) Denial of remedies. Denial of any remedy shall not be | 10 | | based, in
whole or in part, on evidence that:
| 11 | | (1) respondent has cause for any use of force, unless | 12 | | that cause
satisfies the standards for justifiable use of | 13 | | force provided by Article
7 of the Criminal Code of 2012;
| 14 | | (2) respondent was voluntarily intoxicated;
| 15 | | (3) petitioner acted in self-defense or defense of | 16 | | another, provided
that, if petitioner utilized force, such | 17 | | force was justifiable under
Article 7 of the Criminal Code | 18 | | of 2012;
| 19 | | (4) petitioner did not act in self-defense or defense | 20 | | of another;
| 21 | | (5) petitioner left the residence or household to | 22 | | avoid further abuse
by respondent;
| 23 | | (6) petitioner did not leave the residence or | 24 | | household to avoid further
abuse by respondent; or
| 25 | | (7) conduct by any family or household member excused | 26 | | the abuse by
respondent, unless that same conduct would |
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| 1 | | have excused such abuse if the
parties had not been family | 2 | | or household members.
| 3 | | (Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22; | 4 | | 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
| 5 | | Section 15. The Illinois Domestic Violence Act of 1986 is | 6 | | amended by changing Section 214 as follows:
| 7 | | (750 ILCS 60/214) (from Ch. 40, par. 2312-14)
| 8 | | Sec. 214. Order of protection; remedies.
| 9 | | (a) Issuance of order. If the court finds that petitioner | 10 | | has been
abused by a family or household member or that | 11 | | petitioner is a high-risk
adult who has been abused, | 12 | | neglected, or exploited, as defined in this Act,
an order of | 13 | | protection prohibiting the abuse, neglect, or exploitation
| 14 | | shall issue; provided that petitioner must also satisfy the | 15 | | requirements of
one of the following Sections, as appropriate: | 16 | | Section 217 on emergency
orders, Section 218 on interim | 17 | | orders, or Section 219 on plenary orders.
Petitioner shall not | 18 | | be denied an order of protection because petitioner or
| 19 | | respondent is a minor. The court, when determining whether or | 20 | | not to issue
an order of protection, shall not require | 21 | | physical manifestations of abuse
on the person of the victim. | 22 | | Modification and extension of prior
orders of protection shall | 23 | | be in accordance with this Act.
| 24 | | (b) Remedies and standards. The remedies to be included in |
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| 1 | | an order of
protection shall be determined in accordance with | 2 | | this Section and one of
the following Sections, as | 3 | | appropriate: Section 217 on emergency orders,
Section 218 on | 4 | | interim orders, and Section 219 on plenary orders. The
| 5 | | remedies listed in this subsection shall be in addition to | 6 | | other civil or
criminal remedies available to petitioner.
| 7 | | (1) Prohibition of abuse, neglect, or exploitation. | 8 | | Prohibit
respondent's harassment, interference with | 9 | | personal liberty, intimidation
of a dependent, physical | 10 | | abuse, or willful deprivation, neglect or
exploitation, as | 11 | | defined in this Act, or stalking of the petitioner, as | 12 | | defined
in Section 12-7.3 of the Criminal Code of 2012, if | 13 | | such abuse, neglect,
exploitation, or stalking has | 14 | | occurred or otherwise appears likely to occur if
not | 15 | | prohibited.
| 16 | | (2) Grant of exclusive possession of residence. | 17 | | Prohibit respondent from
entering or remaining in any | 18 | | residence, household, or premises of the petitioner,
| 19 | | including one owned or leased by respondent, if petitioner | 20 | | has a right to
occupancy thereof. The grant of exclusive | 21 | | possession of the residence, household, or premises shall | 22 | | not
affect title to real property, nor shall the court be | 23 | | limited by the standard
set forth in subsection (c-2) of | 24 | | Section 501 of the Illinois Marriage and Dissolution of | 25 | | Marriage
Act.
| 26 | | (A) Right to occupancy. A party has a right to |
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| 1 | | occupancy of a
residence or household if it is solely | 2 | | or jointly owned or leased by that
party, that party's | 3 | | spouse, a person with a legal duty to support that | 4 | | party or
a minor child in that party's care, or by any | 5 | | person or entity other than the
opposing party that | 6 | | authorizes that party's occupancy (e.g., a domestic
| 7 | | violence shelter). Standards set forth in subparagraph | 8 | | (B) shall not preclude
equitable relief.
| 9 | | (B) Presumption of hardships. If petitioner and | 10 | | respondent
each has the right to occupancy of a | 11 | | residence or household, the court
shall balance (i) | 12 | | the hardships to respondent and any minor child or
| 13 | | dependent adult in respondent's care resulting from | 14 | | entry of this remedy with
(ii) the hardships to | 15 | | petitioner and any minor child or dependent adult in
| 16 | | petitioner's care resulting from continued exposure to | 17 | | the risk of abuse
(should petitioner remain at the | 18 | | residence or household) or from loss of
possession of | 19 | | the residence or household (should petitioner leave to | 20 | | avoid the
risk of abuse). When determining the balance | 21 | | of hardships, the court shall
also take into account | 22 | | the accessibility of the residence or household.
| 23 | | Hardships need not be balanced if respondent does not | 24 | | have a right to
occupancy.
| 25 | | The balance of hardships is presumed to favor | 26 | | possession by
petitioner unless the presumption is |
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| 1 | | rebutted by a preponderance of the
evidence, showing | 2 | | that the hardships to respondent substantially | 3 | | outweigh
the hardships to petitioner and any minor | 4 | | child or dependent adult in
petitioner's care. The | 5 | | court, on the request of petitioner or on its own
| 6 | | motion, may order respondent to provide suitable, | 7 | | accessible, alternate housing
for petitioner instead | 8 | | of excluding respondent from a mutual residence or
| 9 | | household.
| 10 | | (3) Stay away order and additional prohibitions.
Order | 11 | | respondent to stay away from petitioner or any other | 12 | | person
protected by the order of protection, or prohibit | 13 | | respondent from entering
or remaining present at | 14 | | petitioner's school, place of employment, or other
| 15 | | specified places at times when petitioner is present, or | 16 | | both, if
reasonable, given the balance of hardships. | 17 | | Hardships need not be balanced for
the court to enter a | 18 | | stay away order or prohibit entry if respondent has no
| 19 | | right to enter the premises.
| 20 | | (A) If an order of protection grants petitioner | 21 | | exclusive possession
of the residence, or prohibits | 22 | | respondent from entering the residence,
or orders | 23 | | respondent to stay away from petitioner or other
| 24 | | protected persons, then the court may allow respondent | 25 | | access to the
residence to remove items of clothing | 26 | | and personal adornment
used exclusively by respondent, |
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| 1 | | medications, and other items as the court
directs. The | 2 | | right to access shall be exercised on only one | 3 | | occasion as the
court directs and in the presence of an | 4 | | agreed-upon adult third party or law
enforcement | 5 | | officer.
| 6 | | (B) When the petitioner and the respondent attend | 7 | | the same public, private, or non-public elementary, | 8 | | middle, or high school, the court when issuing an | 9 | | order of protection and providing relief shall | 10 | | consider the severity of the act, any continuing | 11 | | physical danger or emotional distress to the | 12 | | petitioner, the educational rights guaranteed to the | 13 | | petitioner and respondent under federal and State law, | 14 | | the availability of a transfer of the respondent to | 15 | | another school, a change of placement or a change of | 16 | | program of the respondent, the expense, difficulty, | 17 | | and educational disruption that would be caused by a | 18 | | transfer of the respondent to another school, and any | 19 | | other relevant facts of the case. The court may order | 20 | | that the respondent not attend the public, private, or | 21 | | non-public elementary, middle, or high school attended | 22 | | by the petitioner, order that the respondent accept a | 23 | | change of placement or change of program, as | 24 | | determined by the school district or private or | 25 | | non-public school, or place restrictions on the | 26 | | respondent's movements within the school attended by |
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| 1 | | the petitioner.
The respondent bears the burden of | 2 | | proving by a preponderance of the evidence that a | 3 | | transfer, change of placement, or change of program of | 4 | | the respondent is not available. The respondent also | 5 | | bears the burden of production with respect to the | 6 | | expense, difficulty, and educational disruption that | 7 | | would be caused by a transfer of the respondent to | 8 | | another school. A transfer, change of placement, or | 9 | | change of program is not unavailable to the respondent | 10 | | solely on the ground that the respondent does not | 11 | | agree with the school district's or private or | 12 | | non-public school's transfer, change of placement, or | 13 | | change of program or solely on the ground that the | 14 | | respondent fails or refuses to consent or otherwise | 15 | | does not take an action required to effectuate a | 16 | | transfer, change of placement, or change of program.
| 17 | | When a court orders a respondent to stay away from the | 18 | | public, private, or non-public school attended by the | 19 | | petitioner and the respondent requests a transfer to | 20 | | another attendance center within the respondent's | 21 | | school district or private or non-public school, the | 22 | | school district or private or non-public school shall | 23 | | have sole discretion to determine the attendance | 24 | | center to which the respondent is transferred.
In the | 25 | | event the court order results in a transfer of the | 26 | | minor respondent to another attendance center, a |
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| 1 | | change in the respondent's placement, or a change of | 2 | | the respondent's program, the parents, guardian, or | 3 | | legal custodian of the respondent is responsible for | 4 | | transportation and other costs associated with the | 5 | | transfer or change. | 6 | | (C) The court may order the parents, guardian, or | 7 | | legal custodian of a minor respondent to take certain | 8 | | actions or to refrain from taking certain actions to | 9 | | ensure that the respondent complies with the order. In | 10 | | the event the court orders a transfer of the | 11 | | respondent to another school, the parents, guardian, | 12 | | or legal custodian of the respondent is responsible | 13 | | for transportation and other costs associated with the | 14 | | change of school by the respondent. | 15 | | (4) Counseling. Require or recommend the respondent to | 16 | | undergo
counseling for a specified duration with a social | 17 | | worker, psychologist,
clinical psychologist, | 18 | | psychiatrist, family service agency, alcohol or
substance | 19 | | abuse program, mental health center guidance counselor, | 20 | | agency
providing services to elders, program designed for | 21 | | domestic violence
abusers or any other guidance service | 22 | | the court deems appropriate. The Court may order the | 23 | | respondent in any intimate partner relationship to report | 24 | | to an Illinois Department of Human Services protocol | 25 | | approved partner abuse intervention program for an | 26 | | assessment and to follow all recommended treatment.
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| 1 | | (5) Physical care and possession of the minor child. | 2 | | In order to protect
the minor child from abuse, neglect, | 3 | | or unwarranted separation from the person
who has been the | 4 | | minor child's primary caretaker, or to otherwise protect | 5 | | the
well-being of the minor child, the court may do either | 6 | | or both of the
following: (i) grant petitioner physical | 7 | | care or possession of the minor child,
or both, or (ii) | 8 | | order respondent to return a minor child to, or not remove | 9 | | a
minor child from, the physical care of a parent or person | 10 | | in loco parentis.
| 11 | | If a court finds, after a hearing, that respondent has | 12 | | committed abuse
(as defined in Section 103) of a minor | 13 | | child, there shall be a
rebuttable presumption that | 14 | | awarding physical care to respondent would not
be in the | 15 | | minor child's best interest.
| 16 | | (6) Temporary allocation of parental responsibilities: | 17 | | significant decision-making. Award temporary | 18 | | decision-making responsibility to petitioner
in accordance | 19 | | with this Section, the Illinois Marriage and Dissolution | 20 | | of
Marriage Act, the Illinois Parentage Act of 2015, and | 21 | | this State's Uniform
Child-Custody Jurisdiction and | 22 | | Enforcement Act.
| 23 | | If a court finds, after a hearing, that respondent has | 24 | | committed abuse (as
defined in Section 103) of a minor | 25 | | child, there shall be a rebuttable
presumption that | 26 | | awarding temporary significant decision-making |
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| 1 | | responsibility to respondent would not be in
the child's | 2 | | best interest.
| 3 | | (7) Parenting time. Determine the parenting time, if | 4 | | any, of respondent in
any case in which the court awards | 5 | | physical care or allocates temporary significant | 6 | | decision-making responsibility of
a minor child to | 7 | | petitioner. The court shall restrict or deny respondent's | 8 | | parenting time
with a minor child if the court finds that | 9 | | respondent has done or is
likely to do any of the | 10 | | following: (i) abuse or endanger the minor child during | 11 | | parenting time; (ii) use the parenting time as an | 12 | | opportunity to abuse or harass
petitioner or petitioner's | 13 | | family or household members; (iii) improperly
conceal or | 14 | | detain the minor child; or (iv) otherwise act in a manner | 15 | | that is
not in the best interests of the minor child. The | 16 | | court shall not be limited
by the standards set forth in | 17 | | Section 603.10 of the Illinois Marriage and
Dissolution of | 18 | | Marriage Act. If the court grants parenting time, the | 19 | | order shall
specify dates and times for the parenting time | 20 | | to take place or other specific
parameters or conditions | 21 | | that are appropriate. No order for parenting time shall
| 22 | | refer merely to the term "reasonable parenting time".
| 23 | | Petitioner may deny respondent access to the minor | 24 | | child if, when
respondent arrives for parenting time, | 25 | | respondent is under the influence of drugs
or alcohol and | 26 | | constitutes a threat to the safety and well-being of
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| 1 | | petitioner or petitioner's minor children or is behaving | 2 | | in a violent or
abusive manner.
| 3 | | If necessary to protect any member of petitioner's | 4 | | family or
household from future abuse, respondent shall be | 5 | | prohibited from coming to
petitioner's residence to meet | 6 | | the minor child for parenting time, and the
parties shall | 7 | | submit to the court their recommendations for reasonable
| 8 | | alternative arrangements for parenting time. A person may | 9 | | be approved to
supervise parenting time only after filing | 10 | | an affidavit accepting
that responsibility and | 11 | | acknowledging accountability to the court.
| 12 | | (8) Removal or concealment of minor child. Prohibit | 13 | | respondent from
removing a minor child from the State or | 14 | | concealing the child within the State.
| 15 | | (9) Order to appear. Order the respondent to appear in | 16 | | court, alone
or with a minor child, to prevent abuse, | 17 | | neglect, removal or concealment of
the child, to return | 18 | | the child to the custody or care of the petitioner or
to | 19 | | permit any court-ordered interview or examination of the | 20 | | child or the
respondent.
| 21 | | (10) Possession of personal property. Grant petitioner | 22 | | exclusive
possession of personal property and, if | 23 | | respondent has possession or
control, direct respondent to | 24 | | promptly make it available to petitioner, if:
| 25 | | (i) petitioner, but not respondent, owns the | 26 | | property; or
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| 1 | | (ii) the parties own the property jointly; sharing | 2 | | it would risk
abuse of petitioner by respondent or is | 3 | | impracticable; and the balance of
hardships favors | 4 | | temporary possession by petitioner.
| 5 | | If petitioner's sole claim to ownership of the | 6 | | property is that it is
marital property, the court may | 7 | | award petitioner temporary possession
thereof under the | 8 | | standards of subparagraph (ii) of this paragraph only if
a | 9 | | proper proceeding has been filed under the Illinois | 10 | | Marriage and
Dissolution of Marriage Act, as now or | 11 | | hereafter amended.
| 12 | | No order under this provision shall affect title to | 13 | | property.
| 14 | | (11) Protection of property. Forbid the respondent | 15 | | from taking,
transferring, encumbering, concealing, | 16 | | damaging or otherwise disposing of
any real or personal | 17 | | property, except as explicitly authorized by the
court, | 18 | | if:
| 19 | | (i) petitioner, but not respondent, owns the | 20 | | property; or
| 21 | | (ii) the parties own the property jointly,
and the | 22 | | balance of hardships favors granting this remedy.
| 23 | | If petitioner's sole claim to ownership of the | 24 | | property is that it is
marital property, the court may | 25 | | grant petitioner relief under subparagraph
(ii) of this | 26 | | paragraph only if a proper proceeding has been filed under |
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| 1 | | the
Illinois Marriage and Dissolution of Marriage Act, as | 2 | | now or hereafter amended.
| 3 | | The court may further prohibit respondent from | 4 | | improperly using the
financial or other resources of an | 5 | | aged member of the family or household
for the profit or | 6 | | advantage of respondent or of any other person.
| 7 | | (11.5) Protection of animals. Grant the petitioner the | 8 | | exclusive care, custody, or control of any animal owned, | 9 | | possessed, leased, kept, or held by either the petitioner | 10 | | or the respondent or a minor child residing in the | 11 | | residence or household of either the petitioner or the | 12 | | respondent and order the respondent to stay away from the | 13 | | animal and forbid the respondent from taking, | 14 | | transferring, encumbering, concealing, harming, or | 15 | | otherwise disposing of the animal.
| 16 | | (12) Order for payment of support. Order respondent to | 17 | | pay temporary
support for the petitioner or any child in | 18 | | the petitioner's care or over whom the petitioner has been | 19 | | allocated parental responsibility, when the respondent has | 20 | | a legal obligation to support that person,
in accordance | 21 | | with the Illinois Marriage and Dissolution
of Marriage | 22 | | Act, which shall govern, among other matters, the amount | 23 | | of
support, payment through the clerk and withholding of | 24 | | income to secure
payment. An order for child support may | 25 | | be granted to a petitioner with
lawful physical care of a | 26 | | child, or an order or agreement for
physical care of a |
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| 1 | | child, prior to entry of an order allocating significant | 2 | | decision-making responsibility.
Such a support order shall | 3 | | expire upon entry of a valid order allocating parental | 4 | | responsibility differently and vacating the petitioner's | 5 | | significant decision-making authority, unless otherwise | 6 | | provided in the order.
| 7 | | (13) Order for payment of losses. Order respondent to | 8 | | pay petitioner for
losses suffered as a direct result of | 9 | | the abuse, neglect, or exploitation.
Such losses shall | 10 | | include, but not be limited to, medical expenses, lost
| 11 | | earnings or other support, repair or replacement of | 12 | | property damaged or taken,
reasonable attorney's fees, | 13 | | court costs and moving or other travel expenses,
including | 14 | | additional reasonable expenses for temporary shelter and | 15 | | restaurant
meals.
| 16 | | (i) Losses affecting family needs. If a party is | 17 | | entitled to seek
maintenance, child support or | 18 | | property distribution from the other party
under the | 19 | | Illinois Marriage and Dissolution of Marriage Act, as | 20 | | now or
hereafter amended, the court may order | 21 | | respondent to reimburse petitioner's
actual losses, to | 22 | | the extent that such reimbursement would be | 23 | | "appropriate
temporary relief", as authorized by | 24 | | subsection (a)(3) of Section 501 of
that Act.
| 25 | | (ii) Recovery of expenses. In the case of an | 26 | | improper concealment
or removal of a minor child, the |
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| 1 | | court may order respondent to pay the
reasonable | 2 | | expenses incurred or to be incurred in the search for | 3 | | and recovery
of the minor child, including but not | 4 | | limited to legal fees, court costs,
private | 5 | | investigator fees, and travel costs.
| 6 | | (14) Prohibition of entry. Prohibit the respondent | 7 | | from entering or
remaining in the residence or household | 8 | | while the respondent is under the
influence of alcohol or | 9 | | drugs and constitutes a threat to the safety and
| 10 | | well-being of the petitioner or the petitioner's children.
| 11 | | (14.5) Prohibition of firearm possession.
| 12 | | (a) Prohibit a respondent against whom an order of | 13 | | protection was issued from possessing any firearms | 14 | | during the duration of the order if the order: | 15 | | (1) (blank); was issued after a hearing of | 16 | | which such person received
actual notice, and at | 17 | | which such person had an opportunity to
| 18 | | participate; | 19 | | (2) restrains such person from abusing the | 20 | | petitioner as defined in this Act harassing, | 21 | | stalking, or
threatening an intimate partner of | 22 | | such person or child of such
intimate partner or | 23 | | person, or engaging in other conduct that
would | 24 | | place an intimate partner in reasonable fear of | 25 | | bodily
injury to the partner or child ; and | 26 | | (3)(i) includes a finding that such person |
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| 1 | | represents a
credible threat to the physical | 2 | | safety of the petitioner such intimate partner
or | 3 | | child; or
(ii) by its terms explicitly prohibits | 4 | | the use, attempted
use, or threatened use of | 5 | | physical force against the petitioner such | 6 | | intimate
partner or child that would reasonably be | 7 | | expected to cause
bodily injury. | 8 | | (a-1) Except as provided in subparagraph (b), any | 9 | | Any Firearm Owner's Identification Card in the
| 10 | | possession of the respondent , except as provided in | 11 | | subsection (b), shall be ordered by the court to be | 12 | | turned
over to the local law enforcement agency and | 13 | | the respondent shall be prohibited from acquiring or | 14 | | possessing any firearms for the duration of the order | 15 | | of protection . The local law enforcement agency shall | 16 | | immediately mail the card to the Illinois State Police | 17 | | Firearm Owner's Identification Card Office
for | 18 | | safekeeping. | 19 | | (a-2) Immediately upon entry of the order of | 20 | | protection prohibiting firearm possession under this | 21 | | Section, the The court shall
issue a warrant for | 22 | | seizure of any firearm in the possession of the | 23 | | respondent, to be kept by the local law enforcement | 24 | | agency for safekeeping, except as provided in | 25 | | subparagraph subsection (b). The petitioner's general | 26 | | description of the firearm or firearms and their |
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| 1 | | location shall be sufficient to support issuing a | 2 | | warrant.
The period of safekeeping shall be for the | 3 | | duration of the order of protection. | 4 | | (a-3) Notwithstanding the issuance of a warrant | 5 | | under subparagraph (a-2), the respondent shall be | 6 | | ordered to immediately surrender any firearms to the | 7 | | appropriate law enforcement agency and prohibited from | 8 | | transferring firearms to another individual in lieu of | 9 | | surrender to law enforcement. | 10 | | (a-4) The relevant law enforcement agency shall | 11 | | provide a statement of receipt of any firearm seized | 12 | | or surrendered with a description of any firearm | 13 | | seized or surrendered to the respondent and the court. | 14 | | This statement of receipt shall be prima facie | 15 | | evidence of compliance with an order to surrender | 16 | | firearms. | 17 | | (a-5) The firearm or firearms and Firearm Owner's | 18 | | Identification Card, if unexpired, shall at the | 19 | | respondent's request, be returned to the respondent at | 20 | | the end
of the order of protection. It is the | 21 | | respondent's responsibility to notify the Illinois | 22 | | State Police Firearm Owner's Identification Card | 23 | | Office of the end of the order of protection .
| 24 | | (b) If the respondent is a peace officer as | 25 | | defined in Section 2-13 of
the
Criminal Code of 2012, | 26 | | the court shall order that any firearms used by the
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| 1 | | respondent in the performance of his or her duties as a
| 2 | | peace officer be surrendered to
the chief law | 3 | | enforcement executive of the agency in which the | 4 | | respondent is
employed, who shall retain the firearms | 5 | | for safekeeping for the duration of the order of | 6 | | protection.
| 7 | | (c) Upon expiration of the period of safekeeping, | 8 | | if the firearms or Firearm Owner's Identification Card | 9 | | cannot be returned to respondent because respondent | 10 | | cannot be located, fails to respond to requests to | 11 | | retrieve the firearms, or is not lawfully eligible to | 12 | | possess a firearm, upon petition from the local law | 13 | | enforcement agency, the court may order the local law | 14 | | enforcement agency to destroy the firearms, use the | 15 | | firearms for training purposes, or for any other | 16 | | application as deemed appropriate by the local law | 17 | | enforcement agency; or that the firearms be turned | 18 | | over to a third party who is lawfully eligible to | 19 | | possess firearms, and who does not reside with | 20 | | respondent. | 21 | | (14.6) Prohibition of firearm possession; emergency | 22 | | orders. Prohibit a respondent against whom an order of | 23 | | protection was issued from possessing any firearms during | 24 | | the duration of the order as set forth in paragraph (14.5) | 25 | | if the prerequisites in subsection (a) of Section 217 are | 26 | | satisfied. |
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| 1 | | (15) Prohibition of access to records. If an order of | 2 | | protection
prohibits respondent from having contact with | 3 | | the minor child,
or if petitioner's address is omitted | 4 | | under subsection (b) of
Section 203, or if necessary to | 5 | | prevent abuse or wrongful removal or
concealment of a | 6 | | minor child, the order shall deny respondent access to, | 7 | | and
prohibit respondent from inspecting, obtaining, or | 8 | | attempting to
inspect or obtain, school or any other | 9 | | records of the minor child
who is in the care of | 10 | | petitioner.
| 11 | | (16) Order for payment of shelter services. Order | 12 | | respondent to
reimburse a shelter providing temporary | 13 | | housing and counseling services to
the petitioner for the | 14 | | cost of the services, as certified by the shelter
and | 15 | | deemed reasonable by the court.
| 16 | | (17) Order for injunctive relief. Enter injunctive | 17 | | relief necessary
or appropriate to prevent further abuse | 18 | | of a family or household member
or further abuse, neglect, | 19 | | or exploitation of a high-risk adult with
disabilities or | 20 | | to effectuate one of the granted remedies, if supported by | 21 | | the
balance of hardships. If the harm to be prevented by | 22 | | the injunction is abuse
or any other harm that one of the | 23 | | remedies listed in paragraphs (1) through
(16) of this | 24 | | subsection is designed to prevent, no further evidence is
| 25 | | necessary that the harm is an irreparable injury.
| 26 | | (18) Telephone services. |
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| 1 | | (A) Unless a condition described in subparagraph | 2 | | (B) of this paragraph exists, the court may, upon | 3 | | request by the petitioner, order a wireless telephone | 4 | | service provider to transfer to the petitioner the | 5 | | right to continue to use a telephone number or numbers | 6 | | indicated by the petitioner and the financial | 7 | | responsibility associated with the number or numbers, | 8 | | as set forth in subparagraph (C) of this paragraph. | 9 | | For purposes of this paragraph (18), the term | 10 | | "wireless telephone service provider" means a provider | 11 | | of commercial mobile service as defined in 47 U.S.C. | 12 | | 332. The petitioner may request the transfer of each | 13 | | telephone number that the petitioner, or a minor child | 14 | | in his or her custody, uses. The clerk of the court | 15 | | shall serve the order on the wireless telephone | 16 | | service provider's agent for service of process | 17 | | provided to the Illinois Commerce Commission. The | 18 | | order shall contain all of the following: | 19 | | (i) The name and billing telephone number of | 20 | | the account holder including the name of the | 21 | | wireless telephone service provider that serves | 22 | | the account. | 23 | | (ii) Each telephone number that will be | 24 | | transferred. | 25 | | (iii) A statement that the provider transfers | 26 | | to the petitioner all financial responsibility for |
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| 1 | | and right to the use of any telephone number | 2 | | transferred under this paragraph. | 3 | | (B) A wireless telephone service provider shall | 4 | | terminate the respondent's use of, and shall transfer | 5 | | to the petitioner use of, the telephone number or | 6 | | numbers indicated in subparagraph (A) of this | 7 | | paragraph unless it notifies the petitioner, within 72 | 8 | | hours after it receives the order, that one of the | 9 | | following applies: | 10 | | (i) The account holder named in the order has | 11 | | terminated the account. | 12 | | (ii) A difference in network technology would | 13 | | prevent or impair the functionality of a device on | 14 | | a network if the transfer occurs. | 15 | | (iii) The transfer would cause a geographic or | 16 | | other limitation on network or service provision | 17 | | to the petitioner. | 18 | | (iv) Another technological or operational | 19 | | issue would prevent or impair the use of the | 20 | | telephone number if the transfer occurs. | 21 | | (C) The petitioner assumes all financial | 22 | | responsibility for and right to the use of any | 23 | | telephone number transferred under this paragraph. In | 24 | | this paragraph, "financial responsibility" includes | 25 | | monthly service costs and costs associated with any | 26 | | mobile device associated with the number. |
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| 1 | | (D) A wireless telephone service provider may | 2 | | apply to the petitioner its routine and customary | 3 | | requirements for establishing an account or | 4 | | transferring a number, including requiring the | 5 | | petitioner to provide proof of identification, | 6 | | financial information, and customer preferences.
| 7 | | (E) Except for willful or wanton misconduct, a | 8 | | wireless telephone service provider is immune from | 9 | | civil liability for its actions taken in compliance | 10 | | with a court order issued under this paragraph. | 11 | | (F) All wireless service providers that provide | 12 | | services to residential customers shall provide to the | 13 | | Illinois Commerce Commission the name and address of | 14 | | an agent for service of orders entered under this | 15 | | paragraph (18). Any change in status of the registered | 16 | | agent must be reported to the Illinois Commerce | 17 | | Commission within 30 days of such change. | 18 | | (G) The Illinois Commerce Commission shall | 19 | | maintain the list of registered agents for service for | 20 | | each wireless telephone service provider on the | 21 | | Commission's website. The Commission may consult with | 22 | | wireless telephone service providers and the Circuit | 23 | | Court Clerks on the manner in which this information | 24 | | is provided and displayed. | 25 | | (c) Relevant factors; findings.
| 26 | | (1) In determining whether to grant a specific remedy, |
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| 1 | | other than
payment of support, the court shall consider
| 2 | | relevant factors, including but not limited to the | 3 | | following:
| 4 | | (i) the nature, frequency, severity, pattern and | 5 | | consequences of the
respondent's past abuse, neglect | 6 | | or exploitation of the petitioner or
any family or | 7 | | household member, including the concealment of his or | 8 | | her
location in order to evade service of process or | 9 | | notice, and the likelihood of
danger of future abuse, | 10 | | neglect, or exploitation to petitioner or any member | 11 | | of
petitioner's or respondent's family or household; | 12 | | and
| 13 | | (ii) the danger that any minor child will be | 14 | | abused or neglected or
improperly relocated from the | 15 | | jurisdiction, improperly concealed within the
State or | 16 | | improperly separated from the child's primary | 17 | | caretaker.
| 18 | | (2) In comparing relative hardships resulting to the | 19 | | parties from loss
of possession of the family home, the | 20 | | court shall consider relevant
factors, including but not | 21 | | limited to the following:
| 22 | | (i) availability, accessibility, cost, safety, | 23 | | adequacy, location and
other characteristics of | 24 | | alternate housing for each party and any minor child
| 25 | | or dependent adult in the party's care;
| 26 | | (ii) the effect on the party's employment; and
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| 1 | | (iii) the effect on the relationship of the party, | 2 | | and any minor
child or dependent adult in the party's | 3 | | care, to family, school, church
and community.
| 4 | | (3) Subject to the exceptions set forth in paragraph | 5 | | (4) of this
subsection, the court shall make its findings | 6 | | in an official record or in
writing, and shall at a minimum | 7 | | set forth the following:
| 8 | | (i) That the court has considered the applicable | 9 | | relevant factors
described in paragraphs (1) and (2) | 10 | | of this subsection.
| 11 | | (ii) Whether the conduct or actions of respondent, | 12 | | unless
prohibited, will likely cause irreparable harm | 13 | | or continued abuse.
| 14 | | (iii) Whether it is necessary to grant the | 15 | | requested relief in order
to protect petitioner or | 16 | | other alleged abused persons.
| 17 | | (4) For purposes of issuing an ex parte emergency | 18 | | order of protection,
the court, as an alternative to or as | 19 | | a supplement to making the findings
described in | 20 | | paragraphs (c)(3)(i) through (c)(3)(iii) of this | 21 | | subsection, may
use the following procedure:
| 22 | | When a verified petition for an emergency order of | 23 | | protection in
accordance with the requirements of Sections | 24 | | 203 and 217 is
presented to the court, the court shall | 25 | | examine petitioner on oath or
affirmation. An emergency | 26 | | order of protection shall be issued by the court
if it |
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| 1 | | appears from the contents of the petition and the | 2 | | examination of
petitioner that the averments are | 3 | | sufficient to indicate abuse by
respondent and to support | 4 | | the granting of relief under the issuance of the
emergency | 5 | | order of protection.
| 6 | | (5) Never married parties. No rights or | 7 | | responsibilities for a minor
child born outside of | 8 | | marriage attach to a putative father until a father and
| 9 | | child relationship has been established under the Illinois | 10 | | Parentage Act of
1984, the Illinois Parentage Act of 2015, | 11 | | the Illinois Public Aid Code, Section 12 of the Vital | 12 | | Records Act, the
Juvenile Court Act of 1987, the Probate | 13 | | Act of 1975, the Revised Uniform
Reciprocal Enforcement of | 14 | | Support Act, the Uniform Interstate Family Support
Act, | 15 | | the Expedited Child Support Act of 1990, any judicial, | 16 | | administrative, or
other act of another state or | 17 | | territory, any other Illinois statute, or by any
foreign | 18 | | nation establishing the father and child relationship, any | 19 | | other
proceeding substantially in conformity with the | 20 | | Personal Responsibility and
Work Opportunity | 21 | | Reconciliation Act of 1996 (Pub. L. 104-193), or where | 22 | | both
parties appeared in open court or at an | 23 | | administrative hearing acknowledging
under
oath or | 24 | | admitting by affirmation the existence of a father and | 25 | | child
relationship.
Absent such an adjudication, finding, | 26 | | or acknowledgment, no putative
father shall be granted
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| 1 | | temporary allocation of parental responsibilities, | 2 | | including parenting time with the minor child, or
physical | 3 | | care and possession of the minor child, nor shall an order | 4 | | of payment
for support of the minor child be entered.
| 5 | | (d) Balance of hardships; findings. If the court finds | 6 | | that the balance
of hardships does not support the granting of | 7 | | a remedy governed by
paragraph (2), (3), (10), (11), or (16) of | 8 | | subsection (b) of this Section,
which may require such | 9 | | balancing, the court's findings shall so
indicate and shall | 10 | | include a finding as to whether granting the remedy will
| 11 | | result in hardship to respondent that would substantially | 12 | | outweigh the hardship
to petitioner from denial of the remedy. | 13 | | The findings shall be an official
record or in writing.
| 14 | | (e) Denial of remedies. Denial of any remedy shall not be | 15 | | based, in
whole or in part, on evidence that:
| 16 | | (1) Respondent has cause for any use of force, unless | 17 | | that cause
satisfies the standards for justifiable use of | 18 | | force provided by Article
7 of the Criminal Code of 2012;
| 19 | | (2) Respondent was voluntarily intoxicated;
| 20 | | (3) Petitioner acted in self-defense or defense of | 21 | | another, provided
that, if petitioner utilized force, such | 22 | | force was justifiable under
Article 7 of the Criminal Code | 23 | | of 2012;
| 24 | | (4) Petitioner did not act in self-defense or defense | 25 | | of another;
| 26 | | (5) Petitioner left the residence or household to |
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| 1 | | avoid further abuse,
neglect, or exploitation by | 2 | | respondent;
| 3 | | (6) Petitioner did not leave the residence or | 4 | | household to avoid further
abuse, neglect, or exploitation | 5 | | by respondent;
| 6 | | (7) Conduct by any family or household member excused | 7 | | the abuse,
neglect, or exploitation by respondent, unless | 8 | | that same conduct would have
excused such abuse, neglect, | 9 | | or exploitation if the parties had not been
family or | 10 | | household members.
| 11 | | (Source: P.A. 102-538, eff. 8-20-21.)".
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