| |||||||
| |||||||
| |||||||
1 | AN ACT concerning domestic violence.
| ||||||
2 | Be it enacted by the People of the State of Illinois,
| ||||||
3 | represented in the General Assembly:
| ||||||
4 | Section 5. The Illinois Domestic Violence Act of 1986 is | ||||||
5 | amended by changing Section 217 as follows:
| ||||||
6 | (750 ILCS 60/217) (from Ch. 40, par. 2312-17)
| ||||||
7 | Sec. 217. Emergency order of protection.
| ||||||
8 | (a) Prerequisites. An emergency order of protection shall | ||||||
9 | issue if
petitioner satisfies the requirements of this | ||||||
10 | subsection for one or more of the
requested remedies. For each | ||||||
11 | remedy requested, petitioner shall establish
that:
| ||||||
12 | (1) The court has jurisdiction under Section 208;
| ||||||
13 | (2) The requirements of Section 214 are satisfied; and
| ||||||
14 | (3) There is good cause to grant the remedy, regardless | ||||||
15 | of prior service
of process or of notice upon the | ||||||
16 | respondent, because:
| ||||||
17 | (i) For
the remedies of "prohibition of abuse" | ||||||
18 | described in
Section 214(b)(1), "stay away order and | ||||||
19 | additional prohibitions" described in
Section
| ||||||
20 | 214(b)(3), "removal or concealment of minor child" | ||||||
21 | described in Section
214(b)(8), "order to appear" | ||||||
22 | described in Section 214(b)(9), "physical
care and | ||||||
23 | possession of the minor child" described in Section |
| |||||||
| |||||||
1 | 214(b)(5),
"protection of property" described in | ||||||
2 | Section 214(b)(11), "prohibition
of entry" described | ||||||
3 | in Section 214(b)(14), "prohibition of firearm | ||||||
4 | possession" described in Section 214(b)(14.5), | ||||||
5 | "prohibition of access to
records" described in | ||||||
6 | Section 214(b)(15), and "injunctive relief"
described | ||||||
7 | in Section 214(b)(16), the harm which that remedy
is | ||||||
8 | intended to prevent would be likely to occur if the | ||||||
9 | respondent were given
any prior notice, or greater | ||||||
10 | notice than was actually given, of the
petitioner's | ||||||
11 | efforts to obtain judicial relief;
| ||||||
12 | (ii) For the remedy of "grant of exclusive | ||||||
13 | possession of
residence" described in Section | ||||||
14 | 214(b)(2), the immediate danger of further
abuse of | ||||||
15 | petitioner by respondent,
if petitioner chooses or had | ||||||
16 | chosen to remain in the residence or household
while | ||||||
17 | respondent was given any prior notice or greater notice | ||||||
18 | than was
actually given of petitioner's efforts to | ||||||
19 | obtain judicial relief,
outweighs the hardships to | ||||||
20 | respondent of an emergency order
granting petitioner | ||||||
21 | exclusive possession of the residence or household.
| ||||||
22 | This remedy shall not be denied because petitioner has | ||||||
23 | or could obtain
temporary shelter elsewhere while | ||||||
24 | prior notice is given to respondent, unless
the
| ||||||
25 | hardships to respondent from exclusion from the home | ||||||
26 | substantially outweigh
those to petitioner;
|
| |||||||
| |||||||
1 | (iii) For the remedy of "possession of personal | ||||||
2 | property"
described in
Section 214(b)(10), improper | ||||||
3 | disposition of the personal
property would be likely
to | ||||||
4 | occur if respondent were given any prior notice, or | ||||||
5 | greater notice than
was actually given, of | ||||||
6 | petitioner's efforts to obtain judicial relief, or
| ||||||
7 | petitioner has an immediate and pressing need for | ||||||
8 | possession of that property.
| ||||||
9 | An emergency order may not include the counseling, legal | ||||||
10 | custody, payment
of support or monetary compensation remedies. | ||||||
11 | The court shall not issue a warrant for the seizure of any | ||||||
12 | firearm in the possession of a respondent upon an emergency | ||||||
13 | order of protection unless the requirements of subdivision | ||||||
14 | (b)(14.5)(a)(1) of Section 214 of this Act are met.
| ||||||
15 | (b) Appearance by respondent.
If respondent appears in | ||||||
16 | court for this hearing for an emergency order,
he or she may | ||||||
17 | elect to file a general appearance and testify.
Any resulting | ||||||
18 | order may be an emergency order, governed
by this Section.
| ||||||
19 | Notwithstanding the requirements of this Section, if all | ||||||
20 | requirements of
Section 218 have been met, the court may issue | ||||||
21 | a 30-day interim order.
| ||||||
22 | (c) Emergency orders: court holidays and evenings.
| ||||||
23 | (1) Prerequisites. When the court is unavailable at the | ||||||
24 | close of
business, the petitioner may file a petition for a | ||||||
25 | 21-day emergency order
before any available circuit judge | ||||||
26 | or associate judge who may grant relief
under this Act. If |
| |||||||
| |||||||
1 | the judge finds that there is an immediate and present
| ||||||
2 | danger of abuse to petitioner and that petitioner has | ||||||
3 | satisfied the
prerequisites set forth in subsection (a) of | ||||||
4 | Section 217, that judge may
issue an emergency order of | ||||||
5 | protection.
| ||||||
6 | (1.5) Issuance of order. The chief judge of the circuit | ||||||
7 | court
may designate for each county in the circuit at least | ||||||
8 | one judge to be
reasonably available to
issue orally, by | ||||||
9 | telephone, by facsimile, or otherwise, an emergency
order | ||||||
10 | of protection at all times, whether or not the court is in | ||||||
11 | session.
| ||||||
12 | (2) Certification and transfer. The judge who issued | ||||||
13 | the order under this Section shall promptly communicate or | ||||||
14 | convey the order to the sheriff to facilitate the entry of | ||||||
15 | the order into the Law Enforcement Agencies Data System by | ||||||
16 | the Department of State Police pursuant to Section 302. Any | ||||||
17 | order issued under this Section and
any documentation in | ||||||
18 | support thereof shall be certified on the next court
day to | ||||||
19 | the appropriate court. The clerk of that court shall | ||||||
20 | immediately
assign a case number, file the petition, order | ||||||
21 | and other documents with the
court, and enter the order of | ||||||
22 | record and file it with the sheriff for
service, in | ||||||
23 | accordance with Section 222. Filing the petition
shall | ||||||
24 | commence proceedings for further relief under Section 202.
| ||||||
25 | Failure to comply with the requirements of this subsection | ||||||
26 | shall not
affect the validity of the order.
|
| |||||||
| |||||||
1 | (Source: P.A. 96-701, eff. 1-1-10; 96-1241, eff. 1-1-11.)
|