Public Act 096-0701
 
HB3991 Enrolled LRB096 08419 RLC 18532 b

    AN ACT concerning firearms.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Firearm Owners Identification Card Act is
amended by changing Section 8 and by adding Section 8.2 as
follows:
 
    (430 ILCS 65/8)  (from Ch. 38, par. 83-8)
    Sec. 8. The Department of State Police has authority to
deny an application for or to revoke and seize a Firearm
Owner's Identification Card previously issued under this Act
only if the Department finds that the applicant or the person
to whom such card was issued is or was at the time of issuance:
    (a) A person under 21 years of age who has been convicted
of a misdemeanor other than a traffic offense or adjudged
delinquent;
    (b) A person under 21 years of age who does not have the
written consent of his parent or guardian to acquire and
possess firearms and firearm ammunition, or whose parent or
guardian has revoked such written consent, or where such parent
or guardian does not qualify to have a Firearm Owner's
Identification Card;
    (c) A person convicted of a felony under the laws of this
or any other jurisdiction;
    (d) A person addicted to narcotics;
    (e) A person who has been a patient of a mental institution
within the past 5 years or has been adjudicated as a mental
defective;
    (f) A person whose mental condition is of such a nature
that it poses a clear and present danger to the applicant, any
other person or persons or the community;
    For the purposes of this Section, "mental condition" means
a state of mind manifested by violent, suicidal, threatening or
assaultive behavior.
    (g) A person who is mentally retarded;
    (h) A person who intentionally makes a false statement in
the Firearm Owner's Identification Card application;
    (i) An alien who is unlawfully present in the United States
under the laws of the United States;
    (i-5) An alien who has been admitted to the United States
under a non-immigrant visa (as that term is defined in Section
101(a)(26) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(26))), except that this subsection (i-5) does not apply
to any alien who has been lawfully admitted to the United
States under a non-immigrant visa if that alien is:
        (1) admitted to the United States for lawful hunting or
    sporting purposes;
        (2) an official representative of a foreign government
    who is:
            (A) accredited to the United States Government or
        the Government's mission to an international
        organization having its headquarters in the United
        States; or
            (B) en route to or from another country to which
        that alien is accredited;
        (3) an official of a foreign government or
    distinguished foreign visitor who has been so designated by
    the Department of State;
        (4) a foreign law enforcement officer of a friendly
    foreign government entering the United States on official
    business; or
        (5) one who has received a waiver from the Attorney
    General of the United States pursuant to 18 U.S.C.
    922(y)(3);
    (j) (Blank) A person who is subject to an existing order of
protection prohibiting him or her from possessing a firearm;
    (k) A person who has been convicted within the past 5 years
of battery, assault, aggravated assault, violation of an order
of protection, or a substantially similar offense in another
jurisdiction, in which a firearm was used or possessed;
    (l) A person who has been convicted of domestic battery or
a substantially similar offense in another jurisdiction
committed on or after January 1, 1998;
    (m) A person who has been convicted within the past 5 years
of domestic battery or a substantially similar offense in
another jurisdiction committed before January 1, 1998;
    (n) A person who is prohibited from acquiring or possessing
firearms or firearm ammunition by any Illinois State statute or
by federal law;
    (o) A minor subject to a petition filed under Section 5-520
of the Juvenile Court Act of 1987 alleging that the minor is a
delinquent minor for the commission of an offense that if
committed by an adult would be a felony; or
    (p) An adult who had been adjudicated a delinquent minor
under the Juvenile Court Act of 1987 for the commission of an
offense that if committed by an adult would be a felony.
(Source: P.A. 95-581, eff. 6-1-08.)
 
    (430 ILCS 65/8.2 new)
    Sec. 8.2. Firearm Owner's Identification Card denial or
revocation. The Department of State Police shall deny an
application or shall revoke and seize a Firearm Owner's
Identification Card previously issued under this Act if the
Department finds that the applicant or person to whom such card
was issued is or was at the time of issuance subject to an
existing order of protection.
 
    Section 10. The Code of Criminal Procedure of 1963 is
amended by changing Section 112A-14 as follows:
 
    (725 ILCS 5/112A-14)  (from Ch. 38, par. 112A-14)
    Sec. 112A-14. Order of protection; remedies.
    (a) Issuance of order. If the court finds that petitioner
has been abused by a family or household member, as defined in
this Article, an order of protection prohibiting such abuse
shall issue; provided that petitioner must also satisfy the
requirements of one of the following Sections, as appropriate:
Section 112A-17 on emergency orders, Section 112A-18 on interim
orders, or Section 112A-19 on plenary orders. Petitioner shall
not be denied an order of protection because petitioner or
respondent is a minor. The court, when determining whether or
not to issue an order of protection, shall not require physical
manifestations of abuse on the person of the victim.
Modification and extension of prior orders of protection shall
be in accordance with this Article.
    (b) Remedies and standards. The remedies to be included in
an order of protection shall be determined in accordance with
this Section and one of the following Sections, as appropriate:
Section 112A-17 on emergency orders, Section 112A-18 on interim
orders, and Section 112A-19 on plenary orders. The remedies
listed in this subsection shall be in addition to other civil
or criminal remedies available to petitioner.
        (1) Prohibition of abuse. Prohibit respondent's
    harassment, interference with personal liberty,
    intimidation of a dependent, physical abuse or willful
    deprivation, as defined in this Article, if such abuse has
    occurred or otherwise appears likely to occur if not
    prohibited.
        (2) Grant of exclusive possession of residence.
    Prohibit respondent from entering or remaining in any
    residence or household of the petitioner, including one
    owned or leased by respondent, if petitioner has a right to
    occupancy thereof. The grant of exclusive possession of the
    residence shall not affect title to real property, nor
    shall the court be limited by the standard set forth in
    Section 701 of the Illinois Marriage and Dissolution of
    Marriage Act.
            (A) Right to occupancy. A party has a right to
        occupancy of a residence or household if it is solely
        or jointly owned or leased by that party, that party's
        spouse, a person with a legal duty to support that
        party or a minor child in that party's care, or by any
        person or entity other than the opposing party that
        authorizes that party's occupancy (e.g., a domestic
        violence shelter). Standards set forth in subparagraph
        (B) shall not preclude equitable relief.
            (B) Presumption of hardships. If petitioner and
        respondent each has the right to occupancy of a
        residence or household, the court shall balance (i) the
        hardships to respondent and any minor child or
        dependent adult in respondent's care resulting from
        entry of this remedy with (ii) the hardships to
        petitioner and any minor child or dependent adult in
        petitioner's care resulting from continued exposure to
        the risk of abuse (should petitioner remain at the
        residence or household) or from loss of possession of
        the residence or household (should petitioner leave to
        avoid the risk of abuse). When determining the balance
        of hardships, the court shall also take into account
        the accessibility of the residence or household.
        Hardships need not be balanced if respondent does not
        have a right to occupancy.
            The balance of hardships is presumed to favor
        possession by petitioner unless the presumption is
        rebutted by a preponderance of the evidence, showing
        that the hardships to respondent substantially
        outweigh the hardships to petitioner and any minor
        child or dependent adult in petitioner's care. The
        court, on the request of petitioner or on its own
        motion, may order respondent to provide suitable,
        accessible, alternate housing for petitioner instead
        of excluding respondent from a mutual residence or
        household.
        (3) Stay away order and additional prohibitions. Order
    respondent to stay away from petitioner or any other person
    protected by the order of protection, or prohibit
    respondent from entering or remaining present at
    petitioner's school, place of employment, or other
    specified places at times when petitioner is present, or
    both, if reasonable, given the balance of hardships.
    Hardships need not be balanced for the court to enter a
    stay away order or prohibit entry if respondent has no
    right to enter the premises.
        If an order of protection grants petitioner exclusive
    possession of the residence, or prohibits respondent from
    entering the residence, or orders respondent to stay away
    from petitioner or other protected persons, then the court
    may allow respondent access to the residence to remove
    items of clothing and personal adornment used exclusively
    by respondent, medications, and other items as the court
    directs. The right to access shall be exercised on only one
    occasion as the court directs and in the presence of an
    agreed-upon adult third party or law enforcement officer.
        (4) Counseling. Require or recommend the respondent to
    undergo counseling for a specified duration with a social
    worker, psychologist, clinical psychologist, psychiatrist,
    family service agency, alcohol or substance abuse program,
    mental health center guidance counselor, agency providing
    services to elders, program designed for domestic violence
    abusers or any other guidance service the court deems
    appropriate. The court may order the respondent in any
    intimate partner relationship to report to an Illinois
    Department of Human Services protocol approved partner
    abuse intervention program for an assessment and to follow
    all recommended treatment.
        (5) Physical care and possession of the minor child. In
    order to protect the minor child from abuse, neglect, or
    unwarranted separation from the person who has been the
    minor child's primary caretaker, or to otherwise protect
    the well-being of the minor child, the court may do either
    or both of the following: (i) grant petitioner physical
    care or possession of the minor child, or both, or (ii)
    order respondent to return a minor child to, or not remove
    a minor child from, the physical care of a parent or person
    in loco parentis.
        If a court finds, after a hearing, that respondent has
    committed abuse (as defined in Section 112A-3) of a minor
    child, there shall be a rebuttable presumption that
    awarding physical care to respondent would not be in the
    minor child's best interest.
        (6) Temporary legal custody. Award temporary legal
    custody to petitioner in accordance with this Section, the
    Illinois Marriage and Dissolution of Marriage Act, the
    Illinois Parentage Act of 1984, and this State's Uniform
    Child-Custody Jurisdiction and Enforcement Act.
        If a court finds, after a hearing, that respondent has
    committed abuse (as defined in Section 112A-3) of a minor
    child, there shall be a rebuttable presumption that
    awarding temporary legal custody to respondent would not be
    in the child's best interest.
        (7) Visitation. Determine the visitation rights, if
    any, of respondent in any case in which the court awards
    physical care or temporary legal custody of a minor child
    to petitioner. The court shall restrict or deny
    respondent's visitation with a minor child if the court
    finds that respondent has done or is likely to do any of
    the following: (i) abuse or endanger the minor child during
    visitation; (ii) use the visitation as an opportunity to
    abuse or harass petitioner or petitioner's family or
    household members; (iii) improperly conceal or detain the
    minor child; or (iv) otherwise act in a manner that is not
    in the best interests of the minor child. The court shall
    not be limited by the standards set forth in Section 607.1
    of the Illinois Marriage and Dissolution of Marriage Act.
    If the court grants visitation, the order shall specify
    dates and times for the visitation to take place or other
    specific parameters or conditions that are appropriate. No
    order for visitation shall refer merely to the term
    "reasonable visitation".
        Petitioner may deny respondent access to the minor
    child if, when respondent arrives for visitation,
    respondent is under the influence of drugs or alcohol and
    constitutes a threat to the safety and well-being of
    petitioner or petitioner's minor children or is behaving in
    a violent or abusive manner.
        If necessary to protect any member of petitioner's
    family or household from future abuse, respondent shall be
    prohibited from coming to petitioner's residence to meet
    the minor child for visitation, and the parties shall
    submit to the court their recommendations for reasonable
    alternative arrangements for visitation. A person may be
    approved to supervise visitation only after filing an
    affidavit accepting that responsibility and acknowledging
    accountability to the court.
        (8) Removal or concealment of minor child. Prohibit
    respondent from removing a minor child from the State or
    concealing the child within the State.
        (9) Order to appear. Order the respondent to appear in
    court, alone or with a minor child, to prevent abuse,
    neglect, removal or concealment of the child, to return the
    child to the custody or care of the petitioner or to permit
    any court-ordered interview or examination of the child or
    the respondent.
        (10) Possession of personal property. Grant petitioner
    exclusive possession of personal property and, if
    respondent has possession or control, direct respondent to
    promptly make it available to petitioner, if:
            (i) petitioner, but not respondent, owns the
        property; or
            (ii) the parties own the property jointly; sharing
        it would risk abuse of petitioner by respondent or is
        impracticable; and the balance of hardships favors
        temporary possession by petitioner.
        If petitioner's sole claim to ownership of the property
    is that it is marital property, the court may award
    petitioner temporary possession thereof under the
    standards of subparagraph (ii) of this paragraph only if a
    proper proceeding has been filed under the Illinois
    Marriage and Dissolution of Marriage Act, as now or
    hereafter amended.
        No order under this provision shall affect title to
    property.
        (11) Protection of property. Forbid the respondent
    from taking, transferring, encumbering, concealing,
    damaging or otherwise disposing of any real or personal
    property, except as explicitly authorized by the court, if:
            (i) petitioner, but not respondent, owns the
        property; or
            (ii) the parties own the property jointly, and the
        balance of hardships favors granting this remedy.
        If petitioner's sole claim to ownership of the property
    is that it is marital property, the court may grant
    petitioner relief under subparagraph (ii) of this
    paragraph only if a proper proceeding has been filed under
    the Illinois Marriage and Dissolution of Marriage Act, as
    now or hereafter amended.
        The court may further prohibit respondent from
    improperly using the financial or other resources of an
    aged member of the family or household for the profit or
    advantage of respondent or of any other person.
        (11.5) Protection of animals. Grant the petitioner the
    exclusive care, custody, or control of any animal owned,
    possessed, leased, kept, or held by either the petitioner
    or the respondent or a minor child residing in the
    residence or household of either the petitioner or the
    respondent and order the respondent to stay away from the
    animal and forbid the respondent from taking,
    transferring, encumbering, concealing, harming, or
    otherwise disposing of the animal.
        (12) Order for payment of support. Order respondent to
    pay temporary support for the petitioner or any child in
    the petitioner's care or custody, when the respondent has a
    legal obligation to support that person, in accordance with
    the Illinois Marriage and Dissolution of Marriage Act,
    which shall govern, among other matters, the amount of
    support, payment through the clerk and withholding of
    income to secure payment. An order for child support may be
    granted to a petitioner with lawful physical care or
    custody of a child, or an order or agreement for physical
    care or custody, prior to entry of an order for legal
    custody. Such a support order shall expire upon entry of a
    valid order granting legal custody to another, unless
    otherwise provided in the custody order.
        (13) Order for payment of losses. Order respondent to
    pay petitioner for losses suffered as a direct result of
    the abuse. Such losses shall include, but not be limited
    to, medical expenses, lost earnings or other support,
    repair or replacement of property damaged or taken,
    reasonable attorney's fees, court costs and moving or other
    travel expenses, including additional reasonable expenses
    for temporary shelter and restaurant meals.
            (i) Losses affecting family needs. If a party is
        entitled to seek maintenance, child support or
        property distribution from the other party under the
        Illinois Marriage and Dissolution of Marriage Act, as
        now or hereafter amended, the court may order
        respondent to reimburse petitioner's actual losses, to
        the extent that such reimbursement would be
        "appropriate temporary relief", as authorized by
        subsection (a)(3) of Section 501 of that Act.
            (ii) Recovery of expenses. In the case of an
        improper concealment or removal of a minor child, the
        court may order respondent to pay the reasonable
        expenses incurred or to be incurred in the search for
        and recovery of the minor child, including but not
        limited to legal fees, court costs, private
        investigator fees, and travel costs.
        (14) Prohibition of entry. Prohibit the respondent
    from entering or remaining in the residence or household
    while the respondent is under the influence of alcohol or
    drugs and constitutes a threat to the safety and well-being
    of the petitioner or the petitioner's children.
        (14.5) Prohibition of firearm possession.
            (a) When a complaint is made under a request for an
        order of protection, that the respondent has
        threatened or is likely to use firearms illegally
        against the petitioner, and the respondent is present
        in court, or has failed to appear after receiving
        actual notice, the court shall examine on oath the
        petitioner, and any witnesses who may be produced. If
        the court is satisfied that there is any danger of the
        illegal use of firearms, and the respondent is present
        in court, it shall issue an order that any firearms in
        the possession of the respondent, except as provided in
        subsection (b), be turned over to the local law
        enforcement agency for safekeeping. If the court is
        satisfied that there is any danger of the illegal use
        of firearms, and the respondent is present in court, it
        shall issue an order that the respondent's Firearm
        Owner's Identification Card be turned over to the local
        law enforcement agency for safekeeping. If the court is
        satisfied that there is any danger of the illegal use
        of firearms, and if If the respondent is not present in
        court has failed to appear, the court shall issue a
        warrant for seizure of the respondent's Firearm
        Owner's Identification Card and any firearm in the
        possession of the respondent, except as provided in
        subsection (b), be turned over to the local law
        enforcement agency for safekeeping. The period of
        safekeeping shall be for a stated period of time not to
        exceed 2 years. The firearm or firearms shall be
        returned to the respondent at the end of the stated
        period or at expiration of the order of protection,
        whichever is sooner.
            (b) If the respondent is a peace officer as defined
        in Section 2-13 of the Criminal Code of 1961, the court
        shall order that any firearms used by the respondent in
        the performance of his or her duties as a peace officer
        be surrendered to the chief law enforcement executive
        of the agency in which the respondent is employed, who
        shall retain the firearms for safekeeping for the
        stated period not to exceed 2 years as set forth in the
        court order.
            (c) Upon expiration of the period of safekeeping,
        if the firearms or Firearm Owner's Identification Card
        cannot be returned to respondent because respondent
        cannot be located, fails to respond to requests to
        retrieve the firearms, or is not lawfully eligible to
        possess a firearm, upon petition from the local law
        enforcement agency, the court may order the local law
        enforcement agency to destroy the firearms, use the
        firearms for training purposes, or for any other
        application as deemed appropriate by the local law
        enforcement agency; or that the firearms be turned over
        to a third party who is lawfully eligible to possess
        firearms, and who does not reside with respondent.
        (15) Prohibition of access to records. If an order of
    protection prohibits respondent from having contact with
    the minor child, or if petitioner's address is omitted
    under subsection (b) of Section 112A-5, or if necessary to
    prevent abuse or wrongful removal or concealment of a minor
    child, the order shall deny respondent access to, and
    prohibit respondent from inspecting, obtaining, or
    attempting to inspect or obtain, school or any other
    records of the minor child who is in the care of
    petitioner.
        (16) Order for payment of shelter services. Order
    respondent to reimburse a shelter providing temporary
    housing and counseling services to the petitioner for the
    cost of the services, as certified by the shelter and
    deemed reasonable by the court.
        (17) Order for injunctive relief. Enter injunctive
    relief necessary or appropriate to prevent further abuse of
    a family or household member or to effectuate one of the
    granted remedies, if supported by the balance of hardships.
    If the harm to be prevented by the injunction is abuse or
    any other harm that one of the remedies listed in
    paragraphs (1) through (16) of this subsection is designed
    to prevent, no further evidence is necessary to establish
    that the harm is an irreparable injury.
    (c) Relevant factors; findings.
        (1) In determining whether to grant a specific remedy,
    other than payment of support, the court shall consider
    relevant factors, including but not limited to the
    following:
            (i) the nature, frequency, severity, pattern and
        consequences of the respondent's past abuse of the
        petitioner or any family or household member,
        including the concealment of his or her location in
        order to evade service of process or notice, and the
        likelihood of danger of future abuse to petitioner or
        any member of petitioner's or respondent's family or
        household; and
            (ii) the danger that any minor child will be abused
        or neglected or improperly removed from the
        jurisdiction, improperly concealed within the State or
        improperly separated from the child's primary
        caretaker.
        (2) In comparing relative hardships resulting to the
    parties from loss of possession of the family home, the
    court shall consider relevant factors, including but not
    limited to the following:
            (i) availability, accessibility, cost, safety,
        adequacy, location and other characteristics of
        alternate housing for each party and any minor child or
        dependent adult in the party's care;
            (ii) the effect on the party's employment; and
            (iii) the effect on the relationship of the party,
        and any minor child or dependent adult in the party's
        care, to family, school, church and community.
        (3) Subject to the exceptions set forth in paragraph
    (4) of this subsection, the court shall make its findings
    in an official record or in writing, and shall at a minimum
    set forth the following:
            (i) That the court has considered the applicable
        relevant factors described in paragraphs (1) and (2) of
        this subsection.
            (ii) Whether the conduct or actions of respondent,
        unless prohibited, will likely cause irreparable harm
        or continued abuse.
            (iii) Whether it is necessary to grant the
        requested relief in order to protect petitioner or
        other alleged abused persons.
        (4) For purposes of issuing an ex parte emergency order
    of protection, the court, as an alternative to or as a
    supplement to making the findings described in paragraphs
    (c)(3)(i) through (c)(3)(iii) of this subsection, may use
    the following procedure:
        When a verified petition for an emergency order of
    protection in accordance with the requirements of Sections
    112A-5 and 112A-17 is presented to the court, the court
    shall examine petitioner on oath or affirmation. An
    emergency order of protection shall be issued by the court
    if it appears from the contents of the petition and the
    examination of petitioner that the averments are
    sufficient to indicate abuse by respondent and to support
    the granting of relief under the issuance of the emergency
    order of protection.
        (5) Never married parties. No rights or
    responsibilities for a minor child born outside of marriage
    attach to a putative father until a father and child
    relationship has been established under the Illinois
    Parentage Act of 1984. Absent such an adjudication, no
    putative father shall be granted temporary custody of the
    minor child, visitation with the minor child, or physical
    care and possession of the minor child, nor shall an order
    of payment for support of the minor child be entered.
    (d) Balance of hardships; findings. If the court finds that
the balance of hardships does not support the granting of a
remedy governed by paragraph (2), (3), (10), (11), or (16) of
subsection (b) of this Section, which may require such
balancing, the court's findings shall so indicate and shall
include a finding as to whether granting the remedy will result
in hardship to respondent that would substantially outweigh the
hardship to petitioner from denial of the remedy. The findings
shall be an official record or in writing.
    (e) Denial of remedies. Denial of any remedy shall not be
based, in whole or in part, on evidence that:
        (1) Respondent has cause for any use of force, unless
    that cause satisfies the standards for justifiable use of
    force provided by Article VII of the Criminal Code of 1961;
        (2) Respondent was voluntarily intoxicated;
        (3) Petitioner acted in self-defense or defense of
    another, provided that, if petitioner utilized force, such
    force was justifiable under Article VII of the Criminal
    Code of 1961;
        (4) Petitioner did not act in self-defense or defense
    of another;
        (5) Petitioner left the residence or household to avoid
    further abuse by respondent;
        (6) Petitioner did not leave the residence or household
    to avoid further abuse by respondent;
        (7) Conduct by any family or household member excused
    the abuse by respondent, unless that same conduct would
    have excused such abuse if the parties had not been family
    or household members.
(Source: P.A. 95-234, eff. 1-1-08; 95-773, eff. 1-1-09.)
 
    Section 15. The Illinois Domestic Violence Act of 1986 is
amended by changing Sections 214 and 217 as follows:
 
    (750 ILCS 60/214)  (from Ch. 40, par. 2312-14)
    Sec. 214. Order of protection; remedies.
    (a) Issuance of order. If the court finds that petitioner
has been abused by a family or household member or that
petitioner is a high-risk adult who has been abused, neglected,
or exploited, as defined in this Act, an order of protection
prohibiting the abuse, neglect, or exploitation shall issue;
provided that petitioner must also satisfy the requirements of
one of the following Sections, as appropriate: Section 217 on
emergency orders, Section 218 on interim orders, or Section 219
on plenary orders. Petitioner shall not be denied an order of
protection because petitioner or respondent is a minor. The
court, when determining whether or not to issue an order of
protection, shall not require physical manifestations of abuse
on the person of the victim. Modification and extension of
prior orders of protection shall be in accordance with this
Act.
    (b) Remedies and standards. The remedies to be included in
an order of protection shall be determined in accordance with
this Section and one of the following Sections, as appropriate:
Section 217 on emergency orders, Section 218 on interim orders,
and Section 219 on plenary orders. The remedies listed in this
subsection shall be in addition to other civil or criminal
remedies available to petitioner.
        (1) Prohibition of abuse, neglect, or exploitation.
    Prohibit respondent's harassment, interference with
    personal liberty, intimidation of a dependent, physical
    abuse, or willful deprivation, neglect or exploitation, as
    defined in this Act, or stalking of the petitioner, as
    defined in Section 12-7.3 of the Criminal Code of 1961, if
    such abuse, neglect, exploitation, or stalking has
    occurred or otherwise appears likely to occur if not
    prohibited.
        (2) Grant of exclusive possession of residence.
    Prohibit respondent from entering or remaining in any
    residence, or household, or premises of the petitioner,
    including one owned or leased by respondent, if petitioner
    has a right to occupancy thereof. The grant of exclusive
    possession of the residence, household, or premises shall
    not affect title to real property, nor shall the court be
    limited by the standard set forth in Section 701 of the
    Illinois Marriage and Dissolution of Marriage Act.
            (A) Right to occupancy. A party has a right to
        occupancy of a residence or household if it is solely
        or jointly owned or leased by that party, that party's
        spouse, a person with a legal duty to support that
        party or a minor child in that party's care, or by any
        person or entity other than the opposing party that
        authorizes that party's occupancy (e.g., a domestic
        violence shelter). Standards set forth in subparagraph
        (B) shall not preclude equitable relief.
            (B) Presumption of hardships. If petitioner and
        respondent each has the right to occupancy of a
        residence or household, the court shall balance (i) the
        hardships to respondent and any minor child or
        dependent adult in respondent's care resulting from
        entry of this remedy with (ii) the hardships to
        petitioner and any minor child or dependent adult in
        petitioner's care resulting from continued exposure to
        the risk of abuse (should petitioner remain at the
        residence or household) or from loss of possession of
        the residence or household (should petitioner leave to
        avoid the risk of abuse). When determining the balance
        of hardships, the court shall also take into account
        the accessibility of the residence or household.
        Hardships need not be balanced if respondent does not
        have a right to occupancy.
            The balance of hardships is presumed to favor
        possession by petitioner unless the presumption is
        rebutted by a preponderance of the evidence, showing
        that the hardships to respondent substantially
        outweigh the hardships to petitioner and any minor
        child or dependent adult in petitioner's care. The
        court, on the request of petitioner or on its own
        motion, may order respondent to provide suitable,
        accessible, alternate housing for petitioner instead
        of excluding respondent from a mutual residence or
        household.
        (3) Stay away order and additional prohibitions. Order
    respondent to stay away from petitioner or any other person
    protected by the order of protection, or prohibit
    respondent from entering or remaining present at
    petitioner's school, place of employment, or other
    specified places at times when petitioner is present, or
    both, if reasonable, given the balance of hardships.
    Hardships need not be balanced for the court to enter a
    stay away order or prohibit entry if respondent has no
    right to enter the premises.
        If an order of protection grants petitioner exclusive
    possession of the residence, or prohibits respondent from
    entering the residence, or orders respondent to stay away
    from petitioner or other protected persons, then the court
    may allow respondent access to the residence to remove
    items of clothing and personal adornment used exclusively
    by respondent, medications, and other items as the court
    directs. The right to access shall be exercised on only one
    occasion as the court directs and in the presence of an
    agreed-upon adult third party or law enforcement officer.
        (4) Counseling. Require or recommend the respondent to
    undergo counseling for a specified duration with a social
    worker, psychologist, clinical psychologist, psychiatrist,
    family service agency, alcohol or substance abuse program,
    mental health center guidance counselor, agency providing
    services to elders, program designed for domestic violence
    abusers or any other guidance service the court deems
    appropriate. The Court may order the respondent in any
    intimate partner relationship to report to an Illinois
    Department of Human Services protocol approved partner
    abuse intervention program for an assessment and to follow
    all recommended treatment.
        (5) Physical care and possession of the minor child. In
    order to protect the minor child from abuse, neglect, or
    unwarranted separation from the person who has been the
    minor child's primary caretaker, or to otherwise protect
    the well-being of the minor child, the court may do either
    or both of the following: (i) grant petitioner physical
    care or possession of the minor child, or both, or (ii)
    order respondent to return a minor child to, or not remove
    a minor child from, the physical care of a parent or person
    in loco parentis.
        If a court finds, after a hearing, that respondent has
    committed abuse (as defined in Section 103) of a minor
    child, there shall be a rebuttable presumption that
    awarding physical care to respondent would not be in the
    minor child's best interest.
        (6) Temporary legal custody. Award temporary legal
    custody to petitioner in accordance with this Section, the
    Illinois Marriage and Dissolution of Marriage Act, the
    Illinois Parentage Act of 1984, and this State's Uniform
    Child-Custody Jurisdiction and Enforcement Act.
        If a court finds, after a hearing, that respondent has
    committed abuse (as defined in Section 103) of a minor
    child, there shall be a rebuttable presumption that
    awarding temporary legal custody to respondent would not be
    in the child's best interest.
        (7) Visitation. Determine the visitation rights, if
    any, of respondent in any case in which the court awards
    physical care or temporary legal custody of a minor child
    to petitioner. The court shall restrict or deny
    respondent's visitation with a minor child if the court
    finds that respondent has done or is likely to do any of
    the following: (i) abuse or endanger the minor child during
    visitation; (ii) use the visitation as an opportunity to
    abuse or harass petitioner or petitioner's family or
    household members; (iii) improperly conceal or detain the
    minor child; or (iv) otherwise act in a manner that is not
    in the best interests of the minor child. The court shall
    not be limited by the standards set forth in Section 607.1
    of the Illinois Marriage and Dissolution of Marriage Act.
    If the court grants visitation, the order shall specify
    dates and times for the visitation to take place or other
    specific parameters or conditions that are appropriate. No
    order for visitation shall refer merely to the term
    "reasonable visitation".
        Petitioner may deny respondent access to the minor
    child if, when respondent arrives for visitation,
    respondent is under the influence of drugs or alcohol and
    constitutes a threat to the safety and well-being of
    petitioner or petitioner's minor children or is behaving in
    a violent or abusive manner.
        If necessary to protect any member of petitioner's
    family or household from future abuse, respondent shall be
    prohibited from coming to petitioner's residence to meet
    the minor child for visitation, and the parties shall
    submit to the court their recommendations for reasonable
    alternative arrangements for visitation. A person may be
    approved to supervise visitation only after filing an
    affidavit accepting that responsibility and acknowledging
    accountability to the court.
        (8) Removal or concealment of minor child. Prohibit
    respondent from removing a minor child from the State or
    concealing the child within the State.
        (9) Order to appear. Order the respondent to appear in
    court, alone or with a minor child, to prevent abuse,
    neglect, removal or concealment of the child, to return the
    child to the custody or care of the petitioner or to permit
    any court-ordered interview or examination of the child or
    the respondent.
        (10) Possession of personal property. Grant petitioner
    exclusive possession of personal property and, if
    respondent has possession or control, direct respondent to
    promptly make it available to petitioner, if:
            (i) petitioner, but not respondent, owns the
        property; or
            (ii) the parties own the property jointly; sharing
        it would risk abuse of petitioner by respondent or is
        impracticable; and the balance of hardships favors
        temporary possession by petitioner.
        If petitioner's sole claim to ownership of the property
    is that it is marital property, the court may award
    petitioner temporary possession thereof under the
    standards of subparagraph (ii) of this paragraph only if a
    proper proceeding has been filed under the Illinois
    Marriage and Dissolution of Marriage Act, as now or
    hereafter amended.
        No order under this provision shall affect title to
    property.
        (11) Protection of property. Forbid the respondent
    from taking, transferring, encumbering, concealing,
    damaging or otherwise disposing of any real or personal
    property, except as explicitly authorized by the court, if:
            (i) petitioner, but not respondent, owns the
        property; or
            (ii) the parties own the property jointly, and the
        balance of hardships favors granting this remedy.
        If petitioner's sole claim to ownership of the property
    is that it is marital property, the court may grant
    petitioner relief under subparagraph (ii) of this
    paragraph only if a proper proceeding has been filed under
    the Illinois Marriage and Dissolution of Marriage Act, as
    now or hereafter amended.
        The court may further prohibit respondent from
    improperly using the financial or other resources of an
    aged member of the family or household for the profit or
    advantage of respondent or of any other person.
        (11.5) Protection of animals. Grant the petitioner the
    exclusive care, custody, or control of any animal owned,
    possessed, leased, kept, or held by either the petitioner
    or the respondent or a minor child residing in the
    residence or household of either the petitioner or the
    respondent and order the respondent to stay away from the
    animal and forbid the respondent from taking,
    transferring, encumbering, concealing, harming, or
    otherwise disposing of the animal.
        (12) Order for payment of support. Order respondent to
    pay temporary support for the petitioner or any child in
    the petitioner's care or custody, when the respondent has a
    legal obligation to support that person, in accordance with
    the Illinois Marriage and Dissolution of Marriage Act,
    which shall govern, among other matters, the amount of
    support, payment through the clerk and withholding of
    income to secure payment. An order for child support may be
    granted to a petitioner with lawful physical care or
    custody of a child, or an order or agreement for physical
    care or custody, prior to entry of an order for legal
    custody. Such a support order shall expire upon entry of a
    valid order granting legal custody to another, unless
    otherwise provided in the custody order.
        (13) Order for payment of losses. Order respondent to
    pay petitioner for losses suffered as a direct result of
    the abuse, neglect, or exploitation. Such losses shall
    include, but not be limited to, medical expenses, lost
    earnings or other support, repair or replacement of
    property damaged or taken, reasonable attorney's fees,
    court costs and moving or other travel expenses, including
    additional reasonable expenses for temporary shelter and
    restaurant meals.
            (i) Losses affecting family needs. If a party is
        entitled to seek maintenance, child support or
        property distribution from the other party under the
        Illinois Marriage and Dissolution of Marriage Act, as
        now or hereafter amended, the court may order
        respondent to reimburse petitioner's actual losses, to
        the extent that such reimbursement would be
        "appropriate temporary relief", as authorized by
        subsection (a)(3) of Section 501 of that Act.
            (ii) Recovery of expenses. In the case of an
        improper concealment or removal of a minor child, the
        court may order respondent to pay the reasonable
        expenses incurred or to be incurred in the search for
        and recovery of the minor child, including but not
        limited to legal fees, court costs, private
        investigator fees, and travel costs.
        (14) Prohibition of entry. Prohibit the respondent
    from entering or remaining in the residence or household
    while the respondent is under the influence of alcohol or
    drugs and constitutes a threat to the safety and well-being
    of the petitioner or the petitioner's children.
        (14.5) Prohibition of firearm possession.
            (a) When a complaint is made under a request for an
        order of protection, that the respondent has
        threatened or is likely to use firearms illegally
        against the petitioner, and the respondent is present
        in court, or has failed to appear after receiving
        actual notice, the court shall examine on oath the
        petitioner, and any witnesses who may be produced. If
        the court is satisfied that there is any danger of the
        illegal use of firearms, it shall issue an order that
        any firearms and any Firearm Owner's Identification
        Card in the possession of the respondent, except as
        provided in subsection (b), be turned over to the local
        law enforcement agency for safekeeping. If the
        respondent has failed to appear, the court shall issue
        a warrant for seizure of any firearm and Firearm
        Owner's Identification Card in the possession of the
        respondent. The period of safekeeping shall be for a
        stated period of time not to exceed 2 years. The
        firearm or firearms and Firearm Owner's Identification
        Card shall be returned to the respondent at the end of
        the stated period or at expiration of the order of
        protection, whichever is sooner.
            (b) If the respondent is a peace officer as defined
        in Section 2-13 of the Criminal Code of 1961, the court
        shall order that any firearms used by the respondent in
        the performance of his or her duties as a peace officer
        be surrendered to the chief law enforcement executive
        of the agency in which the respondent is employed, who
        shall retain the firearms for safekeeping for the
        stated period not to exceed 2 years as set forth in the
        court order.
        (15) Prohibition of access to records. If an order of
    protection prohibits respondent from having contact with
    the minor child, or if petitioner's address is omitted
    under subsection (b) of Section 203, or if necessary to
    prevent abuse or wrongful removal or concealment of a minor
    child, the order shall deny respondent access to, and
    prohibit respondent from inspecting, obtaining, or
    attempting to inspect or obtain, school or any other
    records of the minor child who is in the care of
    petitioner.
        (16) Order for payment of shelter services. Order
    respondent to reimburse a shelter providing temporary
    housing and counseling services to the petitioner for the
    cost of the services, as certified by the shelter and
    deemed reasonable by the court.
        (17) Order for injunctive relief. Enter injunctive
    relief necessary or appropriate to prevent further abuse of
    a family or household member or further abuse, neglect, or
    exploitation of a high-risk adult with disabilities or to
    effectuate one of the granted remedies, if supported by the
    balance of hardships. If the harm to be prevented by the
    injunction is abuse or any other harm that one of the
    remedies listed in paragraphs (1) through (16) of this
    subsection is designed to prevent, no further evidence is
    necessary that the harm is an irreparable injury.
    (c) Relevant factors; findings.
        (1) In determining whether to grant a specific remedy,
    other than payment of support, the court shall consider
    relevant factors, including but not limited to the
    following:
            (i) the nature, frequency, severity, pattern and
        consequences of the respondent's past abuse, neglect
        or exploitation of the petitioner or any family or
        household member, including the concealment of his or
        her location in order to evade service of process or
        notice, and the likelihood of danger of future abuse,
        neglect, or exploitation to petitioner or any member of
        petitioner's or respondent's family or household; and
            (ii) the danger that any minor child will be abused
        or neglected or improperly removed from the
        jurisdiction, improperly concealed within the State or
        improperly separated from the child's primary
        caretaker.
        (2) In comparing relative hardships resulting to the
    parties from loss of possession of the family home, the
    court shall consider relevant factors, including but not
    limited to the following:
            (i) availability, accessibility, cost, safety,
        adequacy, location and other characteristics of
        alternate housing for each party and any minor child or
        dependent adult in the party's care;
            (ii) the effect on the party's employment; and
            (iii) the effect on the relationship of the party,
        and any minor child or dependent adult in the party's
        care, to family, school, church and community.
        (3) Subject to the exceptions set forth in paragraph
    (4) of this subsection, the court shall make its findings
    in an official record or in writing, and shall at a minimum
    set forth the following:
            (i) That the court has considered the applicable
        relevant factors described in paragraphs (1) and (2) of
        this subsection.
            (ii) Whether the conduct or actions of respondent,
        unless prohibited, will likely cause irreparable harm
        or continued abuse.
            (iii) Whether it is necessary to grant the
        requested relief in order to protect petitioner or
        other alleged abused persons.
        (4) For purposes of issuing an ex parte emergency order
    of protection, the court, as an alternative to or as a
    supplement to making the findings described in paragraphs
    (c)(3)(i) through (c)(3)(iii) of this subsection, may use
    the following procedure:
        When a verified petition for an emergency order of
    protection in accordance with the requirements of Sections
    203 and 217 is presented to the court, the court shall
    examine petitioner on oath or affirmation. An emergency
    order of protection shall be issued by the court if it
    appears from the contents of the petition and the
    examination of petitioner that the averments are
    sufficient to indicate abuse by respondent and to support
    the granting of relief under the issuance of the emergency
    order of protection.
        (5) Never married parties. No rights or
    responsibilities for a minor child born outside of marriage
    attach to a putative father until a father and child
    relationship has been established under the Illinois
    Parentage Act of 1984, the Illinois Public Aid Code,
    Section 12 of the Vital Records Act, the Juvenile Court Act
    of 1987, the Probate Act of 1985, the Revised Uniform
    Reciprocal Enforcement of Support Act, the Uniform
    Interstate Family Support Act, the Expedited Child Support
    Act of 1990, any judicial, administrative, or other act of
    another state or territory, any other Illinois statute, or
    by any foreign nation establishing the father and child
    relationship, any other proceeding substantially in
    conformity with the Personal Responsibility and Work
    Opportunity Reconciliation Act of 1996 (Pub. L. 104-193),
    or where both parties appeared in open court or at an
    administrative hearing acknowledging under oath or
    admitting by affirmation the existence of a father and
    child relationship. Absent such an adjudication, finding,
    or acknowledgement, no putative father shall be granted
    temporary custody of the minor child, visitation with the
    minor child, or physical care and possession of the minor
    child, nor shall an order of payment for support of the
    minor child be entered.
    (d) Balance of hardships; findings. If the court finds that
the balance of hardships does not support the granting of a
remedy governed by paragraph (2), (3), (10), (11), or (16) of
subsection (b) of this Section, which may require such
balancing, the court's findings shall so indicate and shall
include a finding as to whether granting the remedy will result
in hardship to respondent that would substantially outweigh the
hardship to petitioner from denial of the remedy. The findings
shall be an official record or in writing.
    (e) Denial of remedies. Denial of any remedy shall not be
based, in whole or in part, on evidence that:
        (1) Respondent has cause for any use of force, unless
    that cause satisfies the standards for justifiable use of
    force provided by Article VII of the Criminal Code of 1961;
        (2) Respondent was voluntarily intoxicated;
        (3) Petitioner acted in self-defense or defense of
    another, provided that, if petitioner utilized force, such
    force was justifiable under Article VII of the Criminal
    Code of 1961;
        (4) Petitioner did not act in self-defense or defense
    of another;
        (5) Petitioner left the residence or household to avoid
    further abuse, neglect, or exploitation by respondent;
        (6) Petitioner did not leave the residence or household
    to avoid further abuse, neglect, or exploitation by
    respondent;
        (7) Conduct by any family or household member excused
    the abuse, neglect, or exploitation by respondent, unless
    that same conduct would have excused such abuse, neglect,
    or exploitation if the parties had not been family or
    household members.
(Source: P.A. 95-234, eff. 1-1-08; 95-773, eff. 1-1-09.)
 
    (750 ILCS 60/217)  (from Ch. 40, par. 2312-17)
    Sec. 217. Emergency order of protection.
    (a) Prerequisites. An emergency order of protection shall
issue if petitioner satisfies the requirements of this
subsection for one or more of the requested remedies. For each
remedy requested, petitioner shall establish that:
        (1) The court has jurisdiction under Section 208;
        (2) The requirements of Section 214 are satisfied; and
        (3) There is good cause to grant the remedy, regardless
    of prior service of process or of notice upon the
    respondent, because:
            (i) For the remedies of "prohibition of abuse"
        described in Section 214(b)(1), "stay away order and
        additional prohibitions" described in Section
        214(b)(3), "removal or concealment of minor child"
        described in Section 214(b)(8), "order to appear"
        described in Section 214(b)(9), "physical care and
        possession of the minor child" described in Section
        214(b)(5), "protection of property" described in
        Section 214(b)(11), "prohibition of entry" described
        in Section 214(b)(14), "prohibition of firearm
        possession" described in Section 214(b)(14.5),
        "prohibition of access to records" described in
        Section 214(b)(15), and "injunctive relief" described
        in Section 214(b)(16), the harm which that remedy is
        intended to prevent would be likely to occur if the
        respondent were given any prior notice, or greater
        notice than was actually given, of the petitioner's
        efforts to obtain judicial relief;
            (ii) For the remedy of "grant of exclusive
        possession of residence" described in Section
        214(b)(2), the immediate danger of further abuse of
        petitioner by respondent, if petitioner chooses or had
        chosen to remain in the residence or household while
        respondent was given any prior notice or greater notice
        than was actually given of petitioner's efforts to
        obtain judicial relief, outweighs the hardships to
        respondent of an emergency order granting petitioner
        exclusive possession of the residence or household.
        This remedy shall not be denied because petitioner has
        or could obtain temporary shelter elsewhere while
        prior notice is given to respondent, unless the
        hardships to respondent from exclusion from the home
        substantially outweigh those to petitioner;
            (iii) For the remedy of "possession of personal
        property" described in Section 214(b)(10), improper
        disposition of the personal property would be likely to
        occur if respondent were given any prior notice, or
        greater notice than was actually given, of
        petitioner's efforts to obtain judicial relief, or
        petitioner has an immediate and pressing need for
        possession of that property.
    An emergency order may not include the counseling, legal
custody, payment of support or monetary compensation remedies.
    (b) Appearance by respondent. If respondent appears in
court for this hearing for an emergency order, he or she may
elect to file a general appearance and testify. Any resulting
order may be an emergency order, governed by this Section.
Notwithstanding the requirements of this Section, if all
requirements of Section 218 have been met, the court may issue
a 30-day interim order.
    (c) Emergency orders: court holidays and evenings.
        (1) Prerequisites. When the court is unavailable at the
    close of business, the petitioner may file a petition for a
    21-day emergency order before any available circuit judge
    or associate judge who may grant relief under this Act. If
    the judge finds that there is an immediate and present
    danger of abuse to petitioner and that petitioner has
    satisfied the prerequisites set forth in subsection (a) of
    Section 217, that judge may issue an emergency order of
    protection.
        (1.5) Issuance of order. The chief judge of the circuit
    court may designate for each county in the circuit at least
    one judge to be reasonably available to issue orally, by
    telephone, by facsimile, or otherwise, an emergency order
    of protection at all times, whether or not the court is in
    session.
        (2) Certification and transfer. Any order issued under
    this Section and any documentation in support thereof shall
    be certified on the next court day to the appropriate
    court. The clerk of that court shall immediately assign a
    case number, file the petition, order and other documents
    with the court, and enter the order of record and file it
    with the sheriff for service, in accordance with Section
    222. Filing the petition shall commence proceedings for
    further relief under Section 202. Failure to comply with
    the requirements of this subsection shall not affect the
    validity of the order.
(Source: P.A. 90-392, eff. 1-1-98.)