Rep. Denyse Wang Stoneback
Filed: 2/9/2022
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1 | AMENDMENT TO HOUSE BILL 2541
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2 | AMENDMENT NO. ______. Amend House Bill 2541 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Firearm Owners Identification Card Act is | ||||||
5 | amended by changing Section 9.5 as follows: | ||||||
6 | (430 ILCS 65/9.5) | ||||||
7 | Sec. 9.5. Revocation of Firearm Owner's Identification
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8 | Card. | ||||||
9 | (a) A person who receives a revocation notice under | ||||||
10 | Section 9 of this Act shall, within 48 hours of receiving | ||||||
11 | notice of the revocation: | ||||||
12 | (1) surrender his or her Firearm Owner's | ||||||
13 | Identification Card to the local law enforcement agency | ||||||
14 | where the person resides or to the Illinois State Police; | ||||||
15 | and | ||||||
16 | (2) complete a Firearm Disposition Record on a form |
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1 | prescribed by the Illinois State Police and place his or | ||||||
2 | her firearms in the location or with the person reported | ||||||
3 | in the Firearm Disposition Record. The form shall require | ||||||
4 | the person to disclose: | ||||||
5 | (A) the make, model, and serial number of each | ||||||
6 | firearm owned by or under the custody and control of | ||||||
7 | the revoked person; | ||||||
8 | (B) the location where each firearm will be | ||||||
9 | maintained during the prohibited term; | ||||||
10 | (C) if any firearm will be transferred to the | ||||||
11 | custody of another person, the name, address and | ||||||
12 | Firearm Owner's Identification Card number of the | ||||||
13 | transferee; and | ||||||
14 | (D) to whom his or her Firearm Owner's | ||||||
15 | Identification Card was surrendered. | ||||||
16 | Once completed, the person shall retain a copy and | ||||||
17 | provide a copy of the Firearm Disposition Record to the | ||||||
18 | Illinois State Police. | ||||||
19 | Nothing in this Section supersedes a court's authority to | ||||||
20 | order a person who receives a revocation notice to surrender | ||||||
21 | the person's firearms to a law enforcement agency of the | ||||||
22 | court's choosing. | ||||||
23 | (b) Upon confirming through the portal created under | ||||||
24 | Section 2605-304 of the Illinois Department of State Police | ||||||
25 | Law of the Civil Administrative Code of Illinois that the | ||||||
26 | Firearm Owner's Identification Card has been revoked by the |
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1 | Illinois State Police, surrendered cards shall be destroyed by | ||||||
2 | the law enforcement agency receiving the cards. If a card has | ||||||
3 | not been revoked, the card shall be returned to the | ||||||
4 | cardholder. Illinois | ||||||
5 | (b-5) If a court orders the surrender of a Firearms | ||||||
6 | Owner's Identification Card and accepts receipt of the Card, | ||||||
7 | the court shall destroy the Card and direct the person whose | ||||||
8 | Firearm Owner's Identification Card has been surrendered to | ||||||
9 | comply with paragraph (2) of subsection (a). | ||||||
10 | (b-10) If the person whose Firearm Owner's Identification | ||||||
11 | Card has been revoked has either lost or destroyed the Card, | ||||||
12 | the person must still comply with paragraph (2) of subsection | ||||||
13 | (a). | ||||||
14 | (b-15) A notation shall be made in the portal created | ||||||
15 | under Section 2605-304 of the Illinois Department of State | ||||||
16 | Police Law of the Civil Administrative Code of Illinois that | ||||||
17 | the revoked Firearm Owner's Identification Card has been | ||||||
18 | destroyed. | ||||||
19 | (c) If the person whose Firearm Owner's Identification | ||||||
20 | Card has been revoked fails to comply with the requirements of | ||||||
21 | this Section, the sheriff or law enforcement agency where the | ||||||
22 | person resides may petition the circuit court to issue a | ||||||
23 | warrant to search for and seize the Firearm Owner's | ||||||
24 | Identification Card and firearms in the possession or under | ||||||
25 | the custody or control of the person whose Firearm Owner's | ||||||
26 | Identification Card has been revoked. |
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1 | (d) A violation of subsection (a) of this Section is a | ||||||
2 | Class A misdemeanor. | ||||||
3 | (e) The observation of a Firearm Owner's Identification | ||||||
4 | Card in the possession of a person whose Firearm Owner's | ||||||
5 | Identification Card has been revoked constitutes a sufficient | ||||||
6 | basis for the arrest of that person for violation of this | ||||||
7 | Section. | ||||||
8 | (f) Within 30 days after July 9, 2013 ( the effective date | ||||||
9 | of Public Act 98-63) this amendatory Act of the 98th General | ||||||
10 | Assembly , the Illinois State Police shall provide written | ||||||
11 | notice of the requirements of this Section to persons whose | ||||||
12 | Firearm Owner's Identification Cards have been revoked, | ||||||
13 | suspended, or expired and who have failed to surrender their | ||||||
14 | cards to the Illinois State Police Department . | ||||||
15 | (g) A person whose Firearm Owner's Identification Card has | ||||||
16 | been revoked and who received notice under subsection (f) | ||||||
17 | shall comply with the requirements of this Section within 48 | ||||||
18 | hours of receiving notice.
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19 | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; | ||||||
20 | revised 10-15-21.) | ||||||
21 | Section 10. The Code of Criminal Procedure of 1963 is | ||||||
22 | amended by changing Section 112A-14 as follows:
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23 | (725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14)
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24 | Sec. 112A-14. Domestic violence order of protection; |
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1 | remedies.
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2 | (a) (Blank).
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3 | (b) The court may order any of the remedies listed in this | ||||||
4 | subsection (b).
The remedies listed in this subsection (b) | ||||||
5 | shall be in addition to other civil
or criminal remedies | ||||||
6 | available to petitioner.
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7 | (1) Prohibition of abuse. Prohibit respondent's | ||||||
8 | harassment,
interference with personal liberty, | ||||||
9 | intimidation of a dependent, physical
abuse, or willful | ||||||
10 | deprivation, as defined in this Article, if such abuse has
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11 | occurred or otherwise appears likely to occur if not | ||||||
12 | prohibited.
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13 | (2) Grant of exclusive possession of residence. | ||||||
14 | Prohibit respondent
from entering or remaining in any | ||||||
15 | residence, household, or premises of the petitioner,
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16 | including one owned or leased by respondent, if petitioner | ||||||
17 | has a right
to occupancy thereof. The grant of exclusive | ||||||
18 | possession of the residence, household, or premises
shall | ||||||
19 | not affect title to real property, nor shall the court be | ||||||
20 | limited by
the standard set forth in subsection (c-2) of | ||||||
21 | Section 501 of the Illinois Marriage and
Dissolution of | ||||||
22 | Marriage Act.
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23 | (A) Right to occupancy. A party has a right to | ||||||
24 | occupancy of a
residence or household if it is
solely | ||||||
25 | or jointly owned or leased by that party, that party's | ||||||
26 | spouse, a
person with a legal duty to support that |
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1 | party or a minor child in that
party's care, or by any | ||||||
2 | person or entity other than the opposing party that
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3 | authorizes that party's occupancy (e.g., a domestic | ||||||
4 | violence shelter).
Standards set forth in subparagraph | ||||||
5 | (B) shall not preclude equitable relief.
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6 | (B) Presumption of hardships. If petitioner and | ||||||
7 | respondent
each has the right to occupancy of a | ||||||
8 | residence or household, the court
shall balance (i) | ||||||
9 | the hardships to respondent and any minor child or
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10 | dependent adult in respondent's care resulting from | ||||||
11 | entry of this remedy with (ii)
the hardships to | ||||||
12 | petitioner and any minor child or dependent adult in
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13 | petitioner's care resulting from continued exposure to | ||||||
14 | the risk of abuse (should
petitioner remain at the | ||||||
15 | residence or household) or from loss of possession
of | ||||||
16 | the residence or household (should petitioner leave to | ||||||
17 | avoid the risk
of abuse). When determining the balance | ||||||
18 | of hardships, the court shall also
take into account | ||||||
19 | the accessibility of the residence or household.
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20 | Hardships need not be balanced if respondent does not | ||||||
21 | have a right to occupancy.
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22 | The balance of hardships is presumed to favor | ||||||
23 | possession by
petitioner unless the presumption is | ||||||
24 | rebutted by a preponderance of the
evidence, showing | ||||||
25 | that the hardships to respondent substantially | ||||||
26 | outweigh
the hardships to petitioner and any minor |
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1 | child or dependent adult in petitioner's
care. The | ||||||
2 | court, on the request of petitioner or on its own | ||||||
3 | motion,
may order respondent to provide suitable, | ||||||
4 | accessible, alternate housing
for petitioner instead | ||||||
5 | of
excluding respondent from a mutual residence or | ||||||
6 | household.
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7 | (3) Stay away order and additional prohibitions.
Order | ||||||
8 | respondent to stay away from petitioner or any other | ||||||
9 | person
protected by the domestic violence order of | ||||||
10 | protection, or prohibit respondent from entering
or | ||||||
11 | remaining present at petitioner's school, place of | ||||||
12 | employment, or other
specified places at times when | ||||||
13 | petitioner is present, or both, if
reasonable, given
the | ||||||
14 | balance of hardships. Hardships need not be balanced for | ||||||
15 | the court
to enter a stay away order or prohibit entry
if | ||||||
16 | respondent has no right to enter the premises.
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17 | (A) If a domestic violence order of protection | ||||||
18 | grants petitioner exclusive possession
of the | ||||||
19 | residence, prohibits respondent from entering the | ||||||
20 | residence,
or orders respondent to stay away from | ||||||
21 | petitioner or other
protected persons, then the court | ||||||
22 | may allow respondent access to the
residence to remove | ||||||
23 | items of clothing and personal adornment
used | ||||||
24 | exclusively by respondent, medications, and other | ||||||
25 | items as the court directs.
The right to access shall | ||||||
26 | be exercised on only one occasion as the court directs
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1 | and in the presence of an agreed-upon adult third | ||||||
2 | party or law enforcement officer.
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3 | (B) When the petitioner and the respondent attend | ||||||
4 | the same public, private, or non-public elementary, | ||||||
5 | middle, or high school, the court when issuing a | ||||||
6 | domestic violence order of protection and providing | ||||||
7 | relief shall consider the severity of the act, any | ||||||
8 | continuing physical danger or emotional distress to | ||||||
9 | the petitioner, the educational rights guaranteed to | ||||||
10 | the petitioner and respondent under federal and State | ||||||
11 | law, the availability of a transfer of the respondent | ||||||
12 | to another school, a change of placement or a change of | ||||||
13 | program of the respondent, the expense, difficulty, | ||||||
14 | and educational disruption that would be caused by a | ||||||
15 | transfer of the respondent to another school, and any | ||||||
16 | other relevant facts of the case. The court may order | ||||||
17 | that the respondent not attend the public, private, or | ||||||
18 | non-public elementary, middle, or high school attended | ||||||
19 | by the petitioner, order that the respondent accept a | ||||||
20 | change of placement or change of program, as | ||||||
21 | determined by the school district or private or | ||||||
22 | non-public school, or place restrictions on the | ||||||
23 | respondent's movements within the school attended by | ||||||
24 | the petitioner. The respondent bears the burden of | ||||||
25 | proving by a preponderance of the evidence that a | ||||||
26 | transfer, change of placement, or change of program of |
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1 | the respondent is not available. The respondent also | ||||||
2 | bears the burden of production with respect to the | ||||||
3 | expense, difficulty, and educational disruption that | ||||||
4 | would be caused by a transfer of the respondent to | ||||||
5 | another school. A transfer, change of placement, or | ||||||
6 | change of program is not unavailable to the respondent | ||||||
7 | solely on the ground that the respondent does not | ||||||
8 | agree with the school district's or private or | ||||||
9 | non-public school's transfer, change of placement, or | ||||||
10 | change of program or solely on the ground that the | ||||||
11 | respondent fails or refuses to consent or otherwise | ||||||
12 | does not take an action required to effectuate a | ||||||
13 | transfer, change of placement, or change of program. | ||||||
14 | When a court orders a respondent to stay away from the | ||||||
15 | public, private, or non-public school attended by the | ||||||
16 | petitioner and the respondent requests a transfer to | ||||||
17 | another attendance center within the respondent's | ||||||
18 | school district or private or non-public school, the | ||||||
19 | school district or private or non-public school shall | ||||||
20 | have sole discretion to determine the attendance | ||||||
21 | center to which the respondent is transferred. If the | ||||||
22 | court order results in a transfer of the minor | ||||||
23 | respondent to another attendance center, a change in | ||||||
24 | the respondent's placement, or a change of the | ||||||
25 | respondent's program, the parents, guardian, or legal | ||||||
26 | custodian of the respondent is responsible for |
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1 | transportation and other costs associated with the | ||||||
2 | transfer or change. | ||||||
3 | (C) The court may order the parents, guardian, or | ||||||
4 | legal custodian of a minor respondent to take certain | ||||||
5 | actions or to refrain from taking certain actions to | ||||||
6 | ensure that the respondent complies with the order. If | ||||||
7 | the court orders a transfer of the respondent to | ||||||
8 | another school, the parents, guardian, or legal | ||||||
9 | custodian of the respondent is responsible for | ||||||
10 | transportation and other costs associated with the | ||||||
11 | change of school by the respondent. | ||||||
12 | (4) Counseling. Require or recommend the respondent to | ||||||
13 | undergo
counseling for a specified duration with a social | ||||||
14 | worker, psychologist,
clinical psychologist, | ||||||
15 | psychiatrist, family service agency, alcohol or
substance | ||||||
16 | abuse program, mental health center guidance counselor, | ||||||
17 | agency
providing services to elders, program designed for | ||||||
18 | domestic violence
abusers, or any other guidance service | ||||||
19 | the court deems appropriate. The court may order the | ||||||
20 | respondent in any intimate partner relationship to report | ||||||
21 | to an Illinois Department of Human Services protocol | ||||||
22 | approved partner abuse intervention program for an | ||||||
23 | assessment and to follow all recommended treatment.
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24 | (5) Physical care and possession of the minor child. | ||||||
25 | In order to protect
the minor child from abuse, neglect, | ||||||
26 | or unwarranted separation from the person
who has been the |
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1 | minor child's primary caretaker, or to otherwise protect | ||||||
2 | the
well-being of the minor child, the court may do either | ||||||
3 | or both of the following:
(i) grant petitioner physical | ||||||
4 | care or possession of the minor child, or both, or
(ii) | ||||||
5 | order respondent to return a minor child to, or not remove | ||||||
6 | a minor child
from, the physical care of a parent or person | ||||||
7 | in loco parentis.
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8 | If the respondent is charged with abuse
(as defined in | ||||||
9 | Section 112A-3 of this Code) of a minor child, there shall | ||||||
10 | be a
rebuttable presumption that awarding physical care to | ||||||
11 | respondent would not
be in the minor child's best | ||||||
12 | interest.
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13 | (6) Temporary allocation of parental responsibilities | ||||||
14 | and significant decision-making responsibilities.
Award | ||||||
15 | temporary significant decision-making responsibility to | ||||||
16 | petitioner in accordance with this Section,
the Illinois | ||||||
17 | Marriage
and Dissolution of Marriage Act, the Illinois | ||||||
18 | Parentage Act of 2015,
and this State's Uniform | ||||||
19 | Child-Custody
Jurisdiction and Enforcement Act.
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20 | If the respondent
is charged with abuse (as defined in | ||||||
21 | Section 112A-3 of this Code) of a
minor child, there shall | ||||||
22 | be a rebuttable presumption that awarding
temporary | ||||||
23 | significant decision-making responsibility to respondent | ||||||
24 | would not be in the
child's best interest.
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25 | (7) Parenting time. Determine the parenting time, if | ||||||
26 | any, of respondent in any case in which the court
awards |
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1 | physical care or temporary significant decision-making | ||||||
2 | responsibility of a minor child to
petitioner. The court | ||||||
3 | shall restrict or deny respondent's parenting time with
a | ||||||
4 | minor child if
the court finds that respondent has done or | ||||||
5 | is likely to do any of the
following: | ||||||
6 | (i) abuse or endanger the minor child during | ||||||
7 | parenting time; | ||||||
8 | (ii) use the parenting time
as an opportunity to | ||||||
9 | abuse or harass petitioner or
petitioner's family or | ||||||
10 | household members; | ||||||
11 | (iii) improperly conceal or
detain the minor | ||||||
12 | child; or | ||||||
13 | (iv) otherwise act in a manner that is not in
the | ||||||
14 | best interests of the minor child. | ||||||
15 | The court shall not be limited by the
standards set | ||||||
16 | forth in Section 603.10 of the Illinois Marriage and
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17 | Dissolution of Marriage Act. If the court grants parenting | ||||||
18 | time, the order
shall specify dates and times for the | ||||||
19 | parenting time to take place or other
specific parameters | ||||||
20 | or conditions that are appropriate. No order for parenting | ||||||
21 | time
shall refer merely to the term "reasonable parenting | ||||||
22 | time". Petitioner may deny respondent access to the minor | ||||||
23 | child if, when
respondent arrives for parenting time, | ||||||
24 | respondent is under the influence of drugs
or alcohol and | ||||||
25 | constitutes a threat to the safety and well-being of
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26 | petitioner or petitioner's minor children or is behaving |
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1 | in a violent or abusive manner. If necessary to protect | ||||||
2 | any member of petitioner's family or
household from future | ||||||
3 | abuse, respondent shall be prohibited from coming to
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4 | petitioner's residence to meet the minor child for | ||||||
5 | parenting time, and the petitioner and respondent
shall | ||||||
6 | submit to the court their recommendations for reasonable
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7 | alternative arrangements for parenting time. A person may | ||||||
8 | be approved to
supervise parenting time only after filing | ||||||
9 | an affidavit accepting
that responsibility and | ||||||
10 | acknowledging accountability to the court.
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11 | (8) Removal or concealment of minor child.
Prohibit | ||||||
12 | respondent from
removing a minor child from the State or | ||||||
13 | concealing the child within the
State.
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14 | (9) Order to appear. Order the respondent to
appear in | ||||||
15 | court, alone
or with a minor child, to prevent abuse, | ||||||
16 | neglect, removal or concealment of
the child, to return | ||||||
17 | the child to the custody or care of the petitioner, or
to | ||||||
18 | permit any court-ordered interview or examination of the | ||||||
19 | child or the
respondent.
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20 | (10) Possession of personal property. Grant petitioner | ||||||
21 | exclusive
possession of personal property and, if | ||||||
22 | respondent has possession or
control, direct respondent to | ||||||
23 | promptly make it available to petitioner, if:
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24 | (i) petitioner, but not respondent, owns the | ||||||
25 | property; or
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26 | (ii) the petitioner and respondent own the |
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1 | property jointly; sharing it would risk
abuse of | ||||||
2 | petitioner by respondent or is impracticable; and the | ||||||
3 | balance of
hardships favors temporary possession by | ||||||
4 | petitioner.
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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.
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12 | No order under this provision shall affect title to | ||||||
13 | property.
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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:
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19 | (i) petitioner, but not respondent, owns the | ||||||
20 | property; or
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21 | (ii) the petitioner and respondent own the | ||||||
22 | property jointly,
and the balance of hardships favors | ||||||
23 | granting this remedy.
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24 | If petitioner's sole claim to ownership of the | ||||||
25 | property is that it is
marital property, the court may | ||||||
26 | grant petitioner relief under subparagraph
(ii) of this |
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1 | paragraph only if a proper proceeding has been filed under | ||||||
2 | the
Illinois Marriage and Dissolution of Marriage Act, as | ||||||
3 | now or hereafter amended.
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4 | The court may further prohibit respondent from | ||||||
5 | improperly using the
financial or other resources of an | ||||||
6 | aged member of the family or household
for the profit or | ||||||
7 | advantage of respondent or of any other person.
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8 | (11.5) Protection of animals. Grant the petitioner the | ||||||
9 | exclusive care, custody, or control of any animal owned, | ||||||
10 | possessed, leased, kept, or held by either the petitioner | ||||||
11 | or the respondent or a minor child residing in the | ||||||
12 | residence or household of either the petitioner or the | ||||||
13 | respondent and order the respondent to stay away from the | ||||||
14 | animal and forbid the respondent from taking, | ||||||
15 | transferring, encumbering, concealing, harming, or | ||||||
16 | otherwise disposing of the animal.
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17 | (12) Order for payment of support. Order
respondent to | ||||||
18 | pay temporary
support for the petitioner or any child in | ||||||
19 | the petitioner's care or over whom the petitioner has been | ||||||
20 | allocated parental responsibility, when the respondent has | ||||||
21 | a legal obligation to support that person,
in accordance | ||||||
22 | with the Illinois Marriage and Dissolution
of Marriage | ||||||
23 | Act, which shall govern, among other matters, the amount | ||||||
24 | of
support, payment through the clerk and withholding of | ||||||
25 | income to secure
payment. An order for child support may | ||||||
26 | be granted to a petitioner with
lawful physical care of a |
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1 | child, or an order or agreement for
physical care of a | ||||||
2 | child, prior to entry of an order allocating significant | ||||||
3 | decision-making responsibility.
Such a support order shall | ||||||
4 | expire upon entry of a valid order allocating parental | ||||||
5 | responsibility differently and vacating petitioner's | ||||||
6 | significant decision-making responsibility unless | ||||||
7 | otherwise provided in the order.
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8 | (13) Order for payment of losses. Order
respondent to | ||||||
9 | pay petitioner
for losses suffered as a direct result of | ||||||
10 | the abuse. Such losses shall
include, but not be limited | ||||||
11 | to, medical expenses, lost earnings or other
support, | ||||||
12 | repair or replacement of property damaged or taken, | ||||||
13 | reasonable
attorney's fees, court costs, and moving or | ||||||
14 | other travel expenses, including
additional reasonable | ||||||
15 | expenses for temporary shelter and restaurant meals.
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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.
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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
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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
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5 | investigator fees, and travel costs.
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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
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10 | well-being of the petitioner or the petitioner's children.
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11 | (14.5) Prohibition of firearm possession. | ||||||
12 | (A) A person who is subject to an existing | ||||||
13 | domestic violence order of protection issued under | ||||||
14 | this Code may not lawfully possess weapons or a | ||||||
15 | Firearm Owner's Identification Card under Section 8.2 | ||||||
16 | of the Firearm Owners Identification Card Act and is | ||||||
17 | subject to the requirements of subsection (a-1) of | ||||||
18 | Section 214 of the Domestic Violence Act of 1986 and | ||||||
19 | paragraph (14.5) or (14.6) of subsection (b) of | ||||||
20 | Section 214 of the Domestic Violence Act of 1986, as | ||||||
21 | applicable . | ||||||
22 | (B) Any firearms in the
possession of the | ||||||
23 | respondent, except as provided in subparagraph (C) of | ||||||
24 | this paragraph (14.5), shall be ordered by the court | ||||||
25 | to be turned
over to a person with a valid Firearm | ||||||
26 | Owner's Identification Card for surrender: safekeeping |
| |||||||
| |||||||
1 | (i) in the case of an ex parte order under | ||||||
2 | Section 112A-17.5, for the duration of the | ||||||
3 | domestic violence order of protection; or | ||||||
4 | (ii) in the case of a final order, for the | ||||||
5 | duration of the domestic violence order of | ||||||
6 | protection or 2 years, whichever is longer . | ||||||
7 | The court shall issue an order that the respondent | ||||||
8 | comply with Section 9.5 of the Firearm Owners | ||||||
9 | Identification Card Act.
Illinois | ||||||
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 surrender: safekeeping | ||||||
18 | (i) in the case of an ex parte order under | ||||||
19 | Section 112A-17.5, for the duration of the | ||||||
20 | domestic violence order of protection ; or | ||||||
21 | (ii) in the case of a final order, for the | ||||||
22 | duration of the domestic violence order of | ||||||
23 | protection or 2 years, whichever is longer .
| ||||||
24 | (D) Upon expiration of the period of surrender | ||||||
25 | safekeeping , if the firearms or Firearm Owner's | ||||||
26 | Identification Card cannot be returned to respondent |
| |||||||
| |||||||
1 | because respondent cannot be located, fails to respond | ||||||
2 | to requests to retrieve the firearms, or is not | ||||||
3 | lawfully eligible to possess a firearm, upon petition | ||||||
4 | from the local law enforcement agency, the court may | ||||||
5 | order the local law enforcement agency to destroy the | ||||||
6 | firearms, use the firearms for training purposes, or | ||||||
7 | for any other application as deemed appropriate by the | ||||||
8 | local law enforcement agency; or that the firearms be | ||||||
9 | turned over to a third party who is lawfully eligible | ||||||
10 | to possess firearms, and who does not reside with | ||||||
11 | respondent. | ||||||
12 | (15) Prohibition of access to records. If a domestic | ||||||
13 | violence order of protection
prohibits respondent from | ||||||
14 | having contact with the minor child,
or if petitioner's | ||||||
15 | address is omitted under subsection (b) of
Section 112A-5 | ||||||
16 | of this Code, or if necessary to prevent abuse or wrongful | ||||||
17 | removal or
concealment of a minor child, the order shall | ||||||
18 | deny respondent access to, and
prohibit respondent from | ||||||
19 | inspecting, obtaining, or attempting to
inspect or obtain, | ||||||
20 | school or any other records of the minor child
who is in | ||||||
21 | the care of petitioner.
| ||||||
22 | (16) Order for payment of shelter services. Order | ||||||
23 | respondent to
reimburse a shelter providing temporary | ||||||
24 | housing and counseling services to
the petitioner for the | ||||||
25 | cost of the services, as certified by the shelter
and | ||||||
26 | deemed reasonable by the court.
|
| |||||||
| |||||||
1 | (17) Order for injunctive relief. Enter injunctive | ||||||
2 | relief necessary
or appropriate to prevent further abuse | ||||||
3 | of a family or household member or
to effectuate one of the | ||||||
4 | granted remedies, if supported by the balance of
| ||||||
5 | hardships. If the harm to be prevented by the injunction | ||||||
6 | is abuse or any
other harm that one of the remedies listed | ||||||
7 | in paragraphs (1) through (16)
of this subsection is | ||||||
8 | designed to prevent, no further evidence is necessary
to | ||||||
9 | establish that the harm is an irreparable injury.
| ||||||
10 | (18) Telephone services. | ||||||
11 | (A) Unless a condition described in subparagraph | ||||||
12 | (B) of this paragraph exists, the court may, upon | ||||||
13 | request by the petitioner, order a wireless telephone | ||||||
14 | service provider to transfer to the petitioner the | ||||||
15 | right to continue to use a telephone number or numbers | ||||||
16 | indicated by the petitioner and the financial | ||||||
17 | responsibility associated with the number or numbers, | ||||||
18 | as set forth in subparagraph (C) of this paragraph. In | ||||||
19 | this paragraph (18), the term "wireless telephone | ||||||
20 | service provider" means a provider of commercial | ||||||
21 | mobile service as defined in 47 U.S.C. 332. The | ||||||
22 | petitioner may request the transfer of each telephone | ||||||
23 | number that the petitioner, or a minor child in his or | ||||||
24 | her custody, uses. The clerk of the court shall serve | ||||||
25 | the order on the wireless telephone service provider's | ||||||
26 | agent for service of process provided to the Illinois |
| |||||||
| |||||||
1 | Commerce Commission. The order shall contain all of | ||||||
2 | the following: | ||||||
3 | (i) The name and billing telephone number of | ||||||
4 | the account holder including the name of the | ||||||
5 | wireless telephone service provider that serves | ||||||
6 | the account. | ||||||
7 | (ii) Each telephone number that will be | ||||||
8 | transferred. | ||||||
9 | (iii) A statement that the provider transfers | ||||||
10 | to the petitioner all financial responsibility for | ||||||
11 | and right to the use of any telephone number | ||||||
12 | transferred under this paragraph. | ||||||
13 | (B) A wireless telephone service provider shall | ||||||
14 | terminate the respondent's use of, and shall transfer | ||||||
15 | to the petitioner use of, the telephone number or | ||||||
16 | numbers indicated in subparagraph (A) of this | ||||||
17 | paragraph unless it notifies the petitioner, within 72 | ||||||
18 | hours after it receives the order, that one of the | ||||||
19 | following applies: | ||||||
20 | (i) The account holder named in the order has | ||||||
21 | terminated the account. | ||||||
22 | (ii) A difference in network technology would | ||||||
23 | prevent or impair the functionality of a device on | ||||||
24 | a network if the transfer occurs. | ||||||
25 | (iii) The transfer would cause a geographic or | ||||||
26 | other limitation on network or service provision |
| |||||||
| |||||||
1 | to the petitioner. | ||||||
2 | (iv) Another technological or operational | ||||||
3 | issue would prevent or impair the use of the | ||||||
4 | telephone number if the transfer occurs. | ||||||
5 | (C) The petitioner assumes all financial | ||||||
6 | responsibility for and right to the use of any | ||||||
7 | telephone number transferred under this paragraph. In | ||||||
8 | this paragraph, "financial responsibility" includes | ||||||
9 | monthly service costs and costs associated with any | ||||||
10 | mobile device associated with the number. | ||||||
11 | (D) A wireless telephone service provider may | ||||||
12 | apply to the petitioner its routine and customary | ||||||
13 | requirements for establishing an account or | ||||||
14 | transferring a number, including requiring the | ||||||
15 | petitioner to provide proof of identification, | ||||||
16 | financial information, and customer preferences.
| ||||||
17 | (E) Except for willful or wanton misconduct, a | ||||||
18 | wireless telephone service provider is immune from | ||||||
19 | civil liability for its actions taken in compliance | ||||||
20 | with a court order issued under this paragraph. | ||||||
21 | (F) All wireless service providers that provide | ||||||
22 | services to residential customers shall provide to the | ||||||
23 | Illinois Commerce Commission the name and address of | ||||||
24 | an agent for service of orders entered under this | ||||||
25 | paragraph (18). Any change in status of the registered | ||||||
26 | agent must be reported to the Illinois Commerce |
| |||||||
| |||||||
1 | Commission within 30 days of such change. | ||||||
2 | (G) The Illinois Commerce Commission shall | ||||||
3 | maintain the list of registered agents for service for | ||||||
4 | each wireless telephone service provider on the | ||||||
5 | Commission's website. The Commission may consult with | ||||||
6 | wireless telephone service providers and the Circuit | ||||||
7 | Court Clerks on the manner in which this information | ||||||
8 | is provided and displayed. | ||||||
9 | (c) Relevant factors; findings.
| ||||||
10 | (1) In determining whether to grant a
specific remedy, | ||||||
11 | other than payment of support, the
court shall consider | ||||||
12 | relevant factors, including, but not limited to, the
| ||||||
13 | following:
| ||||||
14 | (i) the nature, frequency, severity, pattern, and | ||||||
15 | consequences of the
respondent's past abuse of the | ||||||
16 | petitioner or any family or household
member, | ||||||
17 | including the concealment of his or her location in | ||||||
18 | order to evade
service of process or notice, and the | ||||||
19 | likelihood of danger of future abuse to
petitioner or
| ||||||
20 | any member of petitioner's or respondent's family or | ||||||
21 | household; and
| ||||||
22 | (ii) the danger that any minor child will be | ||||||
23 | abused or neglected or
improperly relocated from the | ||||||
24 | jurisdiction, improperly concealed within the
State, | ||||||
25 | or improperly separated from the child's primary | ||||||
26 | caretaker.
|
| |||||||
| |||||||
1 | (2) In comparing relative hardships resulting to the | ||||||
2 | parties from loss
of possession of the family home, the | ||||||
3 | court shall consider relevant
factors, including, but not | ||||||
4 | limited to, the following:
| ||||||
5 | (i) availability, accessibility, cost, safety, | ||||||
6 | adequacy, location, and other
characteristics of | ||||||
7 | alternate housing for each party and any minor child | ||||||
8 | or
dependent adult in the party's care;
| ||||||
9 | (ii) the effect on the party's employment; and
| ||||||
10 | (iii) the effect on the relationship of the party, | ||||||
11 | and any minor
child or dependent adult in the party's | ||||||
12 | care, to family, school, church,
and community.
| ||||||
13 | (3) Subject to the exceptions set forth in paragraph | ||||||
14 | (4) of this
subsection (c), the court shall make its | ||||||
15 | findings in an official record or in
writing, and shall at | ||||||
16 | a minimum set forth the following:
| ||||||
17 | (i) That the court has considered the applicable | ||||||
18 | relevant factors
described in paragraphs (1) and (2) | ||||||
19 | of this subsection (c).
| ||||||
20 | (ii) Whether the conduct or actions of respondent, | ||||||
21 | unless
prohibited, will likely cause irreparable harm | ||||||
22 | or continued abuse.
| ||||||
23 | (iii) Whether it is necessary to grant the | ||||||
24 | requested relief in order
to protect petitioner or | ||||||
25 | other alleged abused persons.
| ||||||
26 | (4) (Blank).
|
| |||||||
| |||||||
1 | (5) Never married parties. No rights or | ||||||
2 | responsibilities for a minor
child born outside of | ||||||
3 | marriage attach to a putative father until a father and
| ||||||
4 | child relationship has been established under the Illinois | ||||||
5 | Parentage Act of
1984, the Illinois Parentage Act of 2015, | ||||||
6 | the Illinois Public Aid Code, Section 12 of the Vital | ||||||
7 | Records Act, the Juvenile Court Act of 1987, the Probate | ||||||
8 | Act of 1975, the Uniform Interstate Family Support Act, | ||||||
9 | the Expedited Child Support Act of 1990, any judicial, | ||||||
10 | administrative, or other act of another state or | ||||||
11 | territory, any other statute of this State, or by any | ||||||
12 | foreign nation establishing the father and child | ||||||
13 | relationship, any other proceeding substantially in | ||||||
14 | conformity with the federal Personal Responsibility and | ||||||
15 | Work Opportunity Reconciliation Act of 1996, or when both | ||||||
16 | parties appeared in open court or at an administrative | ||||||
17 | hearing acknowledging under oath or admitting by | ||||||
18 | affirmation the existence of a father and child | ||||||
19 | relationship. Absent such an adjudication, no putative | ||||||
20 | father shall be granted
temporary allocation of parental | ||||||
21 | responsibilities, including parenting time with the minor | ||||||
22 | child, or
physical care
and possession of the minor child, | ||||||
23 | nor shall
an order of payment for support of the minor | ||||||
24 | child be entered.
| ||||||
25 | (d) Balance of hardships; findings. If the court finds | ||||||
26 | that the balance
of hardships does not support the granting of |
| |||||||
| |||||||
1 | a remedy governed by
paragraph (2), (3), (10), (11), or (16) of
| ||||||
2 | subsection (b) of this Section,
which may require such | ||||||
3 | balancing, the court's findings shall so
indicate and shall | ||||||
4 | include a finding as to whether granting the remedy will
| ||||||
5 | result in hardship to respondent that would substantially | ||||||
6 | outweigh the hardship
to petitioner
from denial of the remedy. | ||||||
7 | The findings shall be an official record or in
writing.
| ||||||
8 | (e) Denial of remedies. Denial of any remedy shall not be | ||||||
9 | based, in
whole or in part, on evidence that:
| ||||||
10 | (1) respondent has cause for any use of force, unless | ||||||
11 | that cause
satisfies the standards for justifiable use of | ||||||
12 | force provided by Article
7 of the Criminal Code of 2012;
| ||||||
13 | (2) respondent was voluntarily intoxicated;
| ||||||
14 | (3) petitioner acted in self-defense or defense of | ||||||
15 | another, provided
that, if petitioner utilized force, such | ||||||
16 | force was justifiable under
Article 7 of the Criminal Code | ||||||
17 | of 2012;
| ||||||
18 | (4) petitioner did not act in self-defense or defense | ||||||
19 | of another;
| ||||||
20 | (5) petitioner left the residence or household to | ||||||
21 | avoid further abuse
by respondent;
| ||||||
22 | (6) petitioner did not leave the residence or | ||||||
23 | household to avoid further
abuse by respondent; or
| ||||||
24 | (7) conduct by any family or household member excused | ||||||
25 | the abuse by
respondent, unless that same conduct would | ||||||
26 | have excused such abuse if the
parties had not been family |
| |||||||
| |||||||
1 | or household members.
| ||||||
2 | (Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22; | ||||||
3 | 102-538, eff. 8-20-21; revised 11-2-21.)
| ||||||
4 | Section 15. The Illinois Domestic Violence Act of 1986 is | ||||||
5 | amended by changing Sections 214, 217, and 223 as follows:
| ||||||
6 | (750 ILCS 60/214) (from Ch. 40, par. 2312-14)
| ||||||
7 | Sec. 214. Order of protection; remedies.
| ||||||
8 | (a) Issuance of order. If the court finds that petitioner | ||||||
9 | has been
abused by a family or household member or that | ||||||
10 | petitioner is a high-risk
adult who has been abused, | ||||||
11 | neglected, or exploited, as defined in this Act,
an order of | ||||||
12 | protection prohibiting the abuse, neglect, or exploitation
| ||||||
13 | shall issue; provided that petitioner must also satisfy the | ||||||
14 | requirements of
one of the following Sections, as appropriate: | ||||||
15 | Section 217 on emergency
orders, Section 218 on interim | ||||||
16 | orders, or Section 219 on plenary orders.
Petitioner shall not | ||||||
17 | be denied an order of protection because petitioner or
| ||||||
18 | respondent is a minor. The court, when determining whether or | ||||||
19 | not to issue
an order of protection, shall not require | ||||||
20 | physical manifestations of abuse
on the person of the victim. | ||||||
21 | Modification and extension of prior
orders of protection shall | ||||||
22 | be in accordance with this Act. | ||||||
23 | (a-1) If the respondent to an order of protection issued | ||||||
24 | under subsection (a) is subject to paragraph (14.5) or (14.6) |
| |||||||
| |||||||
1 | of subsection (b), the order of protection shall also include | ||||||
2 | an order to surrender firearms. The order to surrender | ||||||
3 | firearms shall require the respondent to surrender any firearm | ||||||
4 | on the day the respondent is served with the order of | ||||||
5 | protection. Upon the respondent surrendering any firearm to | ||||||
6 | the appropriate law enforcement agency, the law enforcement | ||||||
7 | agency shall provide a statement of receipt of any firearm, | ||||||
8 | with a description of any firearm surrendered, to the | ||||||
9 | respondent and the court. This statement of receipt shall be | ||||||
10 | considered proof of compliance with an order to surrender | ||||||
11 | firearms and may be presented as proof at a hearing. | ||||||
12 | The failure to surrender any firearm within 24 hours to | ||||||
13 | the appropriate law enforcement agency under an order to | ||||||
14 | surrender firearms shall constitute contempt of court for the | ||||||
15 | violation of the terms of the order of protection. | ||||||
16 | Within 30 days of the effective date of this amendatory | ||||||
17 | Act of the 102nd General Assembly, the Supreme Court shall | ||||||
18 | adopt a form for an order to surrender firearms and update any | ||||||
19 | existing forms for an order of protection to reflect the | ||||||
20 | changes made by this amendatory Act of the 102nd General | ||||||
21 | Assembly. The form for an order to surrender firearms shall | ||||||
22 | also include forms for a declaration of surrender of firearms, | ||||||
23 | proof of surrender, declaration of nonsurrender, and order to | ||||||
24 | release firearms.
| ||||||
25 | (b) Remedies and standards. The remedies to be included in | ||||||
26 | an order of
protection shall be determined in accordance with |
| |||||||
| |||||||
1 | this Section and one of
the following Sections, as | ||||||
2 | appropriate: Section 217 on emergency orders,
Section 218 on | ||||||
3 | interim orders, and Section 219 on plenary orders. The
| ||||||
4 | remedies listed in this subsection shall be in addition to | ||||||
5 | other civil or
criminal remedies available to petitioner.
| ||||||
6 | (1) Prohibition of abuse, neglect, or exploitation. | ||||||
7 | Prohibit
respondent's harassment, interference with | ||||||
8 | personal liberty, intimidation
of a dependent, physical | ||||||
9 | abuse, or willful deprivation, neglect or
exploitation, as | ||||||
10 | defined in this Act, or stalking of the petitioner, as | ||||||
11 | defined
in Section 12-7.3 of the Criminal Code of 2012, if | ||||||
12 | such abuse, neglect,
exploitation, or stalking has | ||||||
13 | occurred or otherwise appears likely to occur if
not | ||||||
14 | prohibited.
| ||||||
15 | (2) Grant of exclusive possession of residence. | ||||||
16 | Prohibit respondent from
entering or remaining in any | ||||||
17 | residence, household, or premises of the petitioner,
| ||||||
18 | including one owned or leased by respondent, if petitioner | ||||||
19 | has a right to
occupancy thereof. The grant of exclusive | ||||||
20 | possession of the residence, household, or premises shall | ||||||
21 | not
affect title to real property, nor shall the court be | ||||||
22 | limited by the standard
set forth in subsection (c-2) of | ||||||
23 | Section 501 of the Illinois Marriage and Dissolution of | ||||||
24 | Marriage
Act.
| ||||||
25 | (A) Right to occupancy. A party has a right to | ||||||
26 | occupancy of a
residence or household if it is solely |
| |||||||
| |||||||
1 | or jointly owned or leased by that
party, that party's | ||||||
2 | spouse, a person with a legal duty to support that | ||||||
3 | party or
a minor child in that party's care, or by any | ||||||
4 | person or entity other than the
opposing party that | ||||||
5 | authorizes that party's occupancy (e.g., a domestic
| ||||||
6 | violence shelter). Standards set forth in subparagraph | ||||||
7 | (B) shall not preclude
equitable relief.
| ||||||
8 | (B) Presumption of hardships. If petitioner and | ||||||
9 | respondent
each has the right to occupancy of a | ||||||
10 | residence or household, the court
shall balance (i) | ||||||
11 | the hardships to respondent and any minor child or
| ||||||
12 | dependent adult in respondent's care resulting from | ||||||
13 | entry of this remedy with
(ii) the hardships to | ||||||
14 | petitioner and any minor child or dependent adult in
| ||||||
15 | petitioner's care resulting from continued exposure to | ||||||
16 | the risk of abuse
(should petitioner remain at the | ||||||
17 | residence or household) or from loss of
possession of | ||||||
18 | the residence or household (should petitioner leave to | ||||||
19 | avoid the
risk of abuse). When determining the balance | ||||||
20 | of hardships, the court shall
also take into account | ||||||
21 | the accessibility of the residence or household.
| ||||||
22 | Hardships need not be balanced if respondent does not | ||||||
23 | have a right to
occupancy.
| ||||||
24 | The balance of hardships is presumed to favor | ||||||
25 | possession by
petitioner unless the presumption is | ||||||
26 | rebutted by a preponderance of the
evidence, showing |
| |||||||
| |||||||
1 | that the hardships to respondent substantially | ||||||
2 | outweigh
the hardships to petitioner and any minor | ||||||
3 | child or dependent adult in
petitioner's care. The | ||||||
4 | court, on the request of petitioner or on its own
| ||||||
5 | motion, may order respondent to provide suitable, | ||||||
6 | accessible, alternate housing
for petitioner instead | ||||||
7 | of excluding respondent from a mutual residence or
| ||||||
8 | household.
| ||||||
9 | (3) Stay away order and additional prohibitions.
Order | ||||||
10 | respondent to stay away from petitioner or any other | ||||||
11 | person
protected by the order of protection, or prohibit | ||||||
12 | respondent from entering
or remaining present at | ||||||
13 | petitioner's school, place of employment, or other
| ||||||
14 | specified places at times when petitioner is present, or | ||||||
15 | both, if
reasonable, given the balance of hardships. | ||||||
16 | Hardships need not be balanced for
the court to enter a | ||||||
17 | stay away order or prohibit entry if respondent has no
| ||||||
18 | right to enter the premises.
| ||||||
19 | (A) If an order of protection grants petitioner | ||||||
20 | exclusive possession
of the residence, or prohibits | ||||||
21 | respondent from entering the residence,
or orders | ||||||
22 | respondent to stay away from petitioner or other
| ||||||
23 | protected persons, then the court may allow respondent | ||||||
24 | access to the
residence to remove items of clothing | ||||||
25 | and personal adornment
used exclusively by respondent, | ||||||
26 | medications, and other items as the court
directs. The |
| |||||||
| |||||||
1 | right to access shall be exercised on only one | ||||||
2 | occasion as the
court directs and in the presence of an | ||||||
3 | agreed-upon adult third party or law
enforcement | ||||||
4 | officer.
| ||||||
5 | (B) When the petitioner and the respondent attend | ||||||
6 | the same public, private, or non-public elementary, | ||||||
7 | middle, or high school, the court when issuing an | ||||||
8 | order of protection and providing relief shall | ||||||
9 | consider the severity of the act, any continuing | ||||||
10 | physical danger or emotional distress to the | ||||||
11 | petitioner, the educational rights guaranteed to the | ||||||
12 | petitioner and respondent under federal and State law, | ||||||
13 | the availability of a transfer of the respondent to | ||||||
14 | another school, a change of placement or a change of | ||||||
15 | program of the respondent, the expense, difficulty, | ||||||
16 | and educational disruption that would be caused by a | ||||||
17 | transfer of the respondent to another school, and any | ||||||
18 | other relevant facts of the case. The court may order | ||||||
19 | that the respondent not attend the public, private, or | ||||||
20 | non-public elementary, middle, or high school attended | ||||||
21 | by the petitioner, order that the respondent accept a | ||||||
22 | change of placement or change of program, as | ||||||
23 | determined by the school district or private or | ||||||
24 | non-public school, or place restrictions on the | ||||||
25 | respondent's movements within the school attended by | ||||||
26 | the petitioner.
The respondent bears the burden of |
| |||||||
| |||||||
1 | proving by a preponderance of the evidence that a | ||||||
2 | transfer, change of placement, or change of program of | ||||||
3 | the respondent is not available. The respondent also | ||||||
4 | bears the burden of production with respect to the | ||||||
5 | expense, difficulty, and educational disruption that | ||||||
6 | would be caused by a transfer of the respondent to | ||||||
7 | another school. A transfer, change of placement, or | ||||||
8 | change of program is not unavailable to the respondent | ||||||
9 | solely on the ground that the respondent does not | ||||||
10 | agree with the school district's or private or | ||||||
11 | non-public school's transfer, change of placement, or | ||||||
12 | change of program or solely on the ground that the | ||||||
13 | respondent fails or refuses to consent or otherwise | ||||||
14 | does not take an action required to effectuate a | ||||||
15 | transfer, change of placement, or change of program.
| ||||||
16 | When a court orders a respondent to stay away from the | ||||||
17 | public, private, or non-public school attended by the | ||||||
18 | petitioner and the respondent requests a transfer to | ||||||
19 | another attendance center within the respondent's | ||||||
20 | school district or private or non-public school, the | ||||||
21 | school district or private or non-public school shall | ||||||
22 | have sole discretion to determine the attendance | ||||||
23 | center to which the respondent is transferred.
In the | ||||||
24 | event the court order results in a transfer of the | ||||||
25 | minor respondent to another attendance center, a | ||||||
26 | change in the respondent's placement, or a change of |
| |||||||
| |||||||
1 | the respondent's program, the parents, guardian, or | ||||||
2 | legal custodian of the respondent is responsible for | ||||||
3 | transportation and other costs associated with the | ||||||
4 | transfer or change. | ||||||
5 | (C) The court may order the parents, guardian, or | ||||||
6 | legal custodian of a minor respondent to take certain | ||||||
7 | actions or to refrain from taking certain actions to | ||||||
8 | ensure that the respondent complies with the order. In | ||||||
9 | the event the court orders a transfer of the | ||||||
10 | respondent to another school, the parents, guardian, | ||||||
11 | or legal custodian of the respondent is responsible | ||||||
12 | for transportation and other costs associated with the | ||||||
13 | change of school by the respondent. | ||||||
14 | (4) Counseling. Require or recommend the respondent to | ||||||
15 | undergo
counseling for a specified duration with a social | ||||||
16 | worker, psychologist,
clinical psychologist, | ||||||
17 | psychiatrist, family service agency, alcohol or
substance | ||||||
18 | abuse program, mental health center guidance counselor, | ||||||
19 | agency
providing services to elders, program designed for | ||||||
20 | domestic violence
abusers or any other guidance service | ||||||
21 | the court deems appropriate. The Court may order the | ||||||
22 | respondent in any intimate partner relationship to report | ||||||
23 | to an Illinois Department of Human Services protocol | ||||||
24 | approved partner abuse intervention program for an | ||||||
25 | assessment and to follow all recommended treatment.
| ||||||
26 | (5) Physical care and possession of the minor child. |
| |||||||
| |||||||
1 | In order to protect
the minor child from abuse, neglect, | ||||||
2 | or unwarranted separation from the person
who has been the | ||||||
3 | minor child's primary caretaker, or to otherwise protect | ||||||
4 | the
well-being of the minor child, the court may do either | ||||||
5 | or both of the
following: (i) grant petitioner physical | ||||||
6 | care or possession of the minor child,
or both, or (ii) | ||||||
7 | order respondent to return a minor child to, or not remove | ||||||
8 | a
minor child from, the physical care of a parent or person | ||||||
9 | in loco parentis.
| ||||||
10 | If a court finds, after a hearing, that respondent has | ||||||
11 | committed abuse
(as defined in Section 103) of a minor | ||||||
12 | child, there shall be a
rebuttable presumption that | ||||||
13 | awarding physical care to respondent would not
be in the | ||||||
14 | minor child's best interest.
| ||||||
15 | (6) Temporary allocation of parental responsibilities: | ||||||
16 | significant decision-making. Award temporary | ||||||
17 | decision-making responsibility to petitioner
in accordance | ||||||
18 | with this Section, the Illinois Marriage and Dissolution | ||||||
19 | of
Marriage Act, the Illinois Parentage Act of 2015, and | ||||||
20 | this State's Uniform
Child-Custody Jurisdiction and | ||||||
21 | Enforcement Act.
| ||||||
22 | If a court finds, after a hearing, that respondent has | ||||||
23 | committed abuse (as
defined in Section 103) of a minor | ||||||
24 | child, there shall be a rebuttable
presumption that | ||||||
25 | awarding temporary significant decision-making | ||||||
26 | responsibility to respondent would not be in
the child's |
| |||||||
| |||||||
1 | best interest.
| ||||||
2 | (7) Parenting time. Determine the parenting time, if | ||||||
3 | any, of respondent in
any case in which the court awards | ||||||
4 | physical care or allocates temporary significant | ||||||
5 | decision-making responsibility of
a minor child to | ||||||
6 | petitioner. The court shall restrict or deny respondent's | ||||||
7 | parenting time
with a minor child if the court finds that | ||||||
8 | respondent has done or is
likely to do any of the | ||||||
9 | following: (i) abuse or endanger the minor child during | ||||||
10 | parenting time; (ii) use the parenting time as an | ||||||
11 | opportunity to abuse or harass
petitioner or petitioner's | ||||||
12 | family or household members; (iii) improperly
conceal or | ||||||
13 | detain the minor child; or (iv) otherwise act in a manner | ||||||
14 | that is
not in the best interests of the minor child. The | ||||||
15 | court shall not be limited
by the standards set forth in | ||||||
16 | Section 603.10 of the Illinois Marriage and
Dissolution of | ||||||
17 | Marriage Act. If the court grants parenting time, the | ||||||
18 | order shall
specify dates and times for the parenting time | ||||||
19 | to take place or other specific
parameters or conditions | ||||||
20 | that are appropriate. No order for parenting time shall
| ||||||
21 | refer merely to the term "reasonable parenting time".
| ||||||
22 | Petitioner may deny respondent access to the minor | ||||||
23 | child if, when
respondent arrives for parenting time, | ||||||
24 | respondent is under the influence of drugs
or alcohol and | ||||||
25 | constitutes a threat to the safety and well-being of
| ||||||
26 | petitioner or petitioner's minor children or is behaving |
| |||||||
| |||||||
1 | in a violent or
abusive manner.
| ||||||
2 | If necessary to protect any member of petitioner's | ||||||
3 | family or
household from future abuse, respondent shall be | ||||||
4 | prohibited from coming to
petitioner's residence to meet | ||||||
5 | the minor child for parenting time, and the
parties shall | ||||||
6 | submit to the court their recommendations for reasonable
| ||||||
7 | alternative arrangements for parenting time. A person may | ||||||
8 | be approved to
supervise parenting time only after filing | ||||||
9 | an affidavit accepting
that responsibility and | ||||||
10 | acknowledging accountability to the court.
| ||||||
11 | (8) Removal or concealment of minor child. Prohibit | ||||||
12 | respondent from
removing a minor child from the State or | ||||||
13 | concealing the child within the State.
| ||||||
14 | (9) Order to appear. Order the respondent to appear in | ||||||
15 | court, alone
or with a minor child, to prevent abuse, | ||||||
16 | neglect, removal or concealment of
the child, to return | ||||||
17 | the child to the custody or care of the petitioner or
to | ||||||
18 | permit any court-ordered interview or examination of the | ||||||
19 | child or the
respondent.
| ||||||
20 | (10) Possession of personal property. Grant petitioner | ||||||
21 | exclusive
possession of personal property and, if | ||||||
22 | respondent has possession or
control, direct respondent to | ||||||
23 | promptly make it available to petitioner, if:
| ||||||
24 | (i) petitioner, but not respondent, owns the | ||||||
25 | property; or
| ||||||
26 | (ii) the parties own the property jointly; sharing |
| |||||||
| |||||||
1 | it would risk
abuse of petitioner by respondent or is | ||||||
2 | impracticable; and the balance of
hardships favors | ||||||
3 | temporary possession by petitioner.
| ||||||
4 | If petitioner's sole claim to ownership of the | ||||||
5 | property is that it is
marital property, the court may | ||||||
6 | award petitioner temporary possession
thereof under the | ||||||
7 | standards of subparagraph (ii) of this paragraph only if
a | ||||||
8 | proper proceeding has been filed under the Illinois | ||||||
9 | Marriage and
Dissolution of Marriage Act, as now or | ||||||
10 | hereafter amended.
| ||||||
11 | No order under this provision shall affect title to | ||||||
12 | property.
| ||||||
13 | (11) Protection of property. Forbid the respondent | ||||||
14 | from taking,
transferring, encumbering, concealing, | ||||||
15 | damaging or otherwise disposing of
any real or personal | ||||||
16 | property, except as explicitly authorized by the
court, | ||||||
17 | if:
| ||||||
18 | (i) petitioner, but not respondent, owns the | ||||||
19 | property; or
| ||||||
20 | (ii) the parties own the property jointly,
and the | ||||||
21 | balance of hardships favors granting this remedy.
| ||||||
22 | If petitioner's sole claim to ownership of the | ||||||
23 | property is that it is
marital property, the court may | ||||||
24 | grant petitioner relief under subparagraph
(ii) of this | ||||||
25 | paragraph only if a proper proceeding has been filed under | ||||||
26 | the
Illinois Marriage and Dissolution of Marriage Act, as |
| |||||||
| |||||||
1 | now or hereafter amended.
| ||||||
2 | The court may further prohibit respondent from | ||||||
3 | improperly using the
financial or other resources of an | ||||||
4 | aged member of the family or household
for the profit or | ||||||
5 | advantage of respondent or of any other person.
| ||||||
6 | (11.5) Protection of animals. Grant the petitioner the | ||||||
7 | exclusive care, custody, or control of any animal owned, | ||||||
8 | possessed, leased, kept, or held by either the petitioner | ||||||
9 | or the respondent or a minor child residing in the | ||||||
10 | residence or household of either the petitioner or the | ||||||
11 | respondent and order the respondent to stay away from the | ||||||
12 | animal and forbid the respondent from taking, | ||||||
13 | transferring, encumbering, concealing, harming, or | ||||||
14 | otherwise disposing of the animal.
| ||||||
15 | (12) Order for payment of support. Order respondent to | ||||||
16 | pay temporary
support for the petitioner or any child in | ||||||
17 | the petitioner's care or over whom the petitioner has been | ||||||
18 | allocated parental responsibility, when the respondent has | ||||||
19 | a legal obligation to support that person,
in accordance | ||||||
20 | with the Illinois Marriage and Dissolution
of Marriage | ||||||
21 | Act, which shall govern, among other matters, the amount | ||||||
22 | of
support, payment through the clerk and withholding of | ||||||
23 | income to secure
payment. An order for child support may | ||||||
24 | be granted to a petitioner with
lawful physical care of a | ||||||
25 | child, or an order or agreement for
physical care of a | ||||||
26 | child, prior to entry of an order allocating significant |
| |||||||
| |||||||
1 | decision-making responsibility.
Such a support order shall | ||||||
2 | expire upon entry of a valid order allocating parental | ||||||
3 | responsibility differently and vacating the petitioner's | ||||||
4 | significant decision-making authority, unless otherwise | ||||||
5 | provided in the order.
| ||||||
6 | (13) Order for payment of losses. Order respondent to | ||||||
7 | pay petitioner for
losses suffered as a direct result of | ||||||
8 | the abuse, neglect, or exploitation.
Such losses shall | ||||||
9 | include, but not be limited to, medical expenses, lost
| ||||||
10 | earnings or other support, repair or replacement of | ||||||
11 | property damaged or taken,
reasonable attorney's fees, | ||||||
12 | court costs and moving or other travel expenses,
including | ||||||
13 | additional reasonable expenses for temporary shelter and | ||||||
14 | restaurant
meals.
| ||||||
15 | (i) Losses affecting family needs. If a party is | ||||||
16 | entitled to seek
maintenance, child support or | ||||||
17 | property distribution from the other party
under the | ||||||
18 | Illinois Marriage and Dissolution of Marriage Act, as | ||||||
19 | now or
hereafter amended, the court may order | ||||||
20 | respondent to reimburse petitioner's
actual losses, to | ||||||
21 | the extent that such reimbursement would be | ||||||
22 | "appropriate
temporary relief", as authorized by | ||||||
23 | subsection (a)(3) of Section 501 of
that Act.
| ||||||
24 | (ii) Recovery of expenses. In the case of an | ||||||
25 | improper concealment
or removal of a minor child, the | ||||||
26 | court may order respondent to pay the
reasonable |
| |||||||
| |||||||
1 | expenses incurred or to be incurred in the search for | ||||||
2 | and recovery
of the minor child, including but not | ||||||
3 | limited to legal fees, court costs,
private | ||||||
4 | investigator fees, and travel costs.
| ||||||
5 | (14) Prohibition of entry. Prohibit the respondent | ||||||
6 | from entering or
remaining in the residence or household | ||||||
7 | while the respondent is under the
influence of alcohol or | ||||||
8 | drugs and constitutes a threat to the safety and
| ||||||
9 | well-being of the petitioner or the petitioner's children.
| ||||||
10 | (14.5) Prohibition of firearm possession ; plenary | ||||||
11 | orders .
| ||||||
12 | (a) In the case of a granted plenary order, | ||||||
13 | prohibit Prohibit a respondent against whom an order | ||||||
14 | of protection was issued from possessing any firearms | ||||||
15 | during the duration of the order or 2 years, whichever | ||||||
16 | is longer, if the order: | ||||||
17 | (1) was issued after a hearing of which such | ||||||
18 | person received
actual notice, and at which such | ||||||
19 | person had an opportunity to
participate; | ||||||
20 | (2) restrains such person from 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 |
| |||||||
| |||||||
1 | represents a
credible threat to the physical | ||||||
2 | safety of such intimate partner
or child; or
(ii) | ||||||
3 | by its terms explicitly prohibits the use, | ||||||
4 | attempted
use, or threatened use of physical force | ||||||
5 | against such intimate
partner or child that would | ||||||
6 | reasonably be expected to cause
bodily injury. | ||||||
7 | Any Firearm Owner's Identification Card in the
| ||||||
8 | possession of the respondent, except as provided in | ||||||
9 | subparagraph subsection (b), shall be revoked or | ||||||
10 | suspended consistent with Section 8.2 of the Firearm | ||||||
11 | Owners Identification Act, and the respondent shall be | ||||||
12 | ordered by the court to surrender the card and any | ||||||
13 | firearm in the respondent's possession consistent with | ||||||
14 | Sections 8.2, 8.3, and 9.5 of the Firearm Owners | ||||||
15 | Identification Act. If the card is suspended, the be | ||||||
16 | turned
over to the local law enforcement agency. The | ||||||
17 | local law enforcement agency shall immediately mail | ||||||
18 | the card to the Illinois State Police Firearm Owner's | ||||||
19 | Identification Card Office
for safekeeping. The court | ||||||
20 | shall
issue a warrant for seizure of any firearm in the | ||||||
21 | possession of the respondent, to be kept by the local | ||||||
22 | law enforcement agency for safekeeping, except as | ||||||
23 | provided in subsection (b).
The period of surrender | ||||||
24 | safekeeping shall be for the duration of the order of | ||||||
25 | protection. If the card is revoked, the period of | ||||||
26 | surrender shall be for the duration of the order of |
| |||||||
| |||||||
1 | protection or 2 years, whichever is longer. The | ||||||
2 | Illinois State Police shall make notification to the | ||||||
3 | local law enforcement with jurisdiction of the | ||||||
4 | suspension or revocation. The firearm or firearms and | ||||||
5 | Firearm Owner's Identification Card, if unexpired, | ||||||
6 | shall at the respondent's request, be returned to the | ||||||
7 | respondent at the end
of the order of protection. It is | ||||||
8 | the respondent's responsibility to notify the Illinois | ||||||
9 | State Police Firearm Owner's Identification Card | ||||||
10 | Office.
| ||||||
11 | (b) If the respondent is a peace officer as | ||||||
12 | defined in Section 2-13 of
the
Criminal Code of 2012, | ||||||
13 | the court shall order that any firearms used by the
| ||||||
14 | respondent in the performance of his or her duties as a
| ||||||
15 | peace officer be surrendered to
the chief law | ||||||
16 | enforcement executive of the agency in which the | ||||||
17 | respondent is
employed, who shall retain the firearms | ||||||
18 | for surrender safekeeping for the duration of the | ||||||
19 | order of protection or 2 years, whichever is longer .
| ||||||
20 | (c) Upon expiration of the period of surrender | ||||||
21 | safekeeping , if the firearms or Firearm Owner's | ||||||
22 | Identification Card cannot be returned to the | ||||||
23 | respondent because the respondent cannot be located, | ||||||
24 | fails to respond to requests to retrieve the firearms, | ||||||
25 | or is not lawfully eligible to possess a firearm, upon | ||||||
26 | petition from the local law enforcement agency, the |
| |||||||
| |||||||
1 | court may order the local law enforcement agency to | ||||||
2 | destroy the firearms, use the firearms for training | ||||||
3 | purposes, or for any other application as deemed | ||||||
4 | appropriate by the local law enforcement agency; or | ||||||
5 | that the firearms be turned over to a third party who | ||||||
6 | is lawfully eligible to possess firearms, and who does | ||||||
7 | not reside with the respondent. | ||||||
8 | (d) A respondent who has surrendered a firearm | ||||||
9 | under this paragraph shall not purchase a firearm for | ||||||
10 | the period of surrender. A respondent who has | ||||||
11 | surrendered a firearm under this paragraph shall not | ||||||
12 | possess or have access to any firearm regardless of | ||||||
13 | whether the firearm belongs to another person or if | ||||||
14 | the respondent is residing with another person who | ||||||
15 | owns a firearm and keeps the firearm at the residence. | ||||||
16 | (e) Upon expiration of the period of surrender, | ||||||
17 | any surrendered firearm may only be returned to a | ||||||
18 | respondent if a judicial officer has signed an order | ||||||
19 | to release firearms stating that the order of | ||||||
20 | protection is no longer in effect and the period of | ||||||
21 | surrender has expired. | ||||||
22 | (14.6) Prohibition of firearm possession; emergency | ||||||
23 | orders.
| ||||||
24 | (a) Any Firearm Owner's Identification Card in the | ||||||
25 | possession of the respondent, except as provided in | ||||||
26 | subparagraph (b), shall be suspended consistent with |
| |||||||
| |||||||
1 | Section 8.2 of the Firearm Owners Identification Act, | ||||||
2 | and the respondent shall be ordered by the court to | ||||||
3 | surrender the card and any firearm in the respondent's | ||||||
4 | possession consistent with Sections 8.3 and 9.5 of the | ||||||
5 | Firearm Owners Identification Act. The period of | ||||||
6 | surrender shall be for the duration of the order of | ||||||
7 | protection.
| ||||||
8 | (b) If the respondent is a peace officer as | ||||||
9 | defined in Section 2-13 of
the
Criminal Code of 2012, | ||||||
10 | the court shall order that any firearms used by the
| ||||||
11 | respondent in the performance of his or her duties as a
| ||||||
12 | peace officer be surrendered to
the chief law | ||||||
13 | enforcement executive of the agency in which the | ||||||
14 | respondent is
employed, who shall retain the firearms | ||||||
15 | for surrender for the duration of the order of | ||||||
16 | protection.
| ||||||
17 | (c) Upon expiration of the period of surrender, if | ||||||
18 | the firearms or Firearm Owner's Identification Card | ||||||
19 | cannot be returned to respondent because respondent | ||||||
20 | cannot be located, fails to respond to requests to | ||||||
21 | retrieve the firearms, or is not lawfully eligible to | ||||||
22 | possess a firearm, upon petition from the local law | ||||||
23 | enforcement agency, the court may order the local law | ||||||
24 | enforcement agency to destroy the firearms, use the | ||||||
25 | firearms for training purposes, or for any other | ||||||
26 | application as deemed appropriate by the local law |
| |||||||
| |||||||
1 | enforcement agency; or that the firearms be turned | ||||||
2 | over to a third party who is lawfully eligible to | ||||||
3 | possess firearms, and who does not reside with | ||||||
4 | respondent. | ||||||
5 | (d) A respondent who has surrendered a firearm | ||||||
6 | under this paragraph shall not purchase a firearm for | ||||||
7 | the period of surrender. A respondent who has | ||||||
8 | surrendered a firearm under this paragraph shall not | ||||||
9 | possess or have access to any firearm regardless of | ||||||
10 | whether the firearm belongs to another person or if | ||||||
11 | the respondent is residing with another person who | ||||||
12 | owns a firearm and keeps the firearm at the residence. | ||||||
13 | (e) Upon expiration of the period of surrender, | ||||||
14 | any surrendered firearm may only be returned to a | ||||||
15 | respondent if a judicial officer has signed an order | ||||||
16 | to release firearms stating that the order of | ||||||
17 | protection is no longer in effect and the period of | ||||||
18 | surrender has expired. | ||||||
19 | (15) Prohibition of access to records. If an order of | ||||||
20 | protection
prohibits respondent from having contact with | ||||||
21 | the minor child,
or if petitioner's address is omitted | ||||||
22 | under subsection (b) of
Section 203, or if necessary to | ||||||
23 | prevent abuse or wrongful removal or
concealment of a | ||||||
24 | minor child, the order shall deny respondent access to, | ||||||
25 | and
prohibit respondent from inspecting, obtaining, or | ||||||
26 | attempting to
inspect or obtain, school or any other |
| |||||||
| |||||||
1 | records of the minor child
who is in the care of | ||||||
2 | petitioner.
| ||||||
3 | (16) Order for payment of shelter services. Order | ||||||
4 | respondent to
reimburse a shelter providing temporary | ||||||
5 | housing and counseling services to
the petitioner for the | ||||||
6 | cost of the services, as certified by the shelter
and | ||||||
7 | deemed reasonable by the court.
| ||||||
8 | (17) Order for injunctive relief. Enter injunctive | ||||||
9 | relief necessary
or appropriate to prevent further abuse | ||||||
10 | of a family or household member
or further abuse, neglect, | ||||||
11 | or exploitation of a high-risk adult with
disabilities or | ||||||
12 | to effectuate one of the granted remedies, if supported by | ||||||
13 | the
balance of hardships. If the harm to be prevented by | ||||||
14 | the injunction is abuse
or any other harm that one of the | ||||||
15 | remedies listed in paragraphs (1) through
(16) of this | ||||||
16 | subsection is designed to prevent, no further evidence is
| ||||||
17 | necessary that the harm is an irreparable injury.
| ||||||
18 | (18) Telephone services. | ||||||
19 | (A) Unless a condition described in subparagraph | ||||||
20 | (B) of this paragraph exists, the court may, upon | ||||||
21 | request by the petitioner, order a wireless telephone | ||||||
22 | service provider to transfer to the petitioner the | ||||||
23 | right to continue to use a telephone number or numbers | ||||||
24 | indicated by the petitioner and the financial | ||||||
25 | responsibility associated with the number or numbers, | ||||||
26 | as set forth in subparagraph (C) of this paragraph. |
| |||||||
| |||||||
1 | For purposes of this paragraph (18), the term | ||||||
2 | "wireless telephone service provider" means a provider | ||||||
3 | of commercial mobile service as defined in 47 U.S.C. | ||||||
4 | 332. The petitioner may request the transfer of each | ||||||
5 | telephone number that the petitioner, or a minor child | ||||||
6 | in his or her custody, uses. The clerk of the court | ||||||
7 | shall serve the order on the wireless telephone | ||||||
8 | service provider's agent for service of process | ||||||
9 | provided to the Illinois Commerce Commission. The | ||||||
10 | order shall contain all of the following: | ||||||
11 | (i) The name and billing telephone number of | ||||||
12 | the account holder including the name of the | ||||||
13 | wireless telephone service provider that serves | ||||||
14 | the account. | ||||||
15 | (ii) Each telephone number that will be | ||||||
16 | transferred. | ||||||
17 | (iii) A statement that the provider transfers | ||||||
18 | to the petitioner all financial responsibility for | ||||||
19 | and right to the use of any telephone number | ||||||
20 | transferred under this paragraph. | ||||||
21 | (B) A wireless telephone service provider shall | ||||||
22 | terminate the respondent's use of, and shall transfer | ||||||
23 | to the petitioner use of, the telephone number or | ||||||
24 | numbers indicated in subparagraph (A) of this | ||||||
25 | paragraph unless it notifies the petitioner, within 72 | ||||||
26 | hours after it receives the order, that one of the |
| |||||||
| |||||||
1 | following applies: | ||||||
2 | (i) The account holder named in the order has | ||||||
3 | terminated the account. | ||||||
4 | (ii) A difference in network technology would | ||||||
5 | prevent or impair the functionality of a device on | ||||||
6 | a network if the transfer occurs. | ||||||
7 | (iii) The transfer would cause a geographic or | ||||||
8 | other limitation on network or service provision | ||||||
9 | to the petitioner. | ||||||
10 | (iv) Another technological or operational | ||||||
11 | issue would prevent or impair the use of the | ||||||
12 | telephone number if the transfer occurs. | ||||||
13 | (C) The petitioner assumes all financial | ||||||
14 | responsibility for and right to the use of any | ||||||
15 | telephone number transferred under this paragraph. In | ||||||
16 | this paragraph, "financial responsibility" includes | ||||||
17 | monthly service costs and costs associated with any | ||||||
18 | mobile device associated with the number. | ||||||
19 | (D) A wireless telephone service provider may | ||||||
20 | apply to the petitioner its routine and customary | ||||||
21 | requirements for establishing an account or | ||||||
22 | transferring a number, including requiring the | ||||||
23 | petitioner to provide proof of identification, | ||||||
24 | financial information, and customer preferences.
| ||||||
25 | (E) Except for willful or wanton misconduct, a | ||||||
26 | wireless telephone service provider is immune from |
| |||||||
| |||||||
1 | civil liability for its actions taken in compliance | ||||||
2 | with a court order issued under this paragraph. | ||||||
3 | (F) All wireless service providers that provide | ||||||
4 | services to residential customers shall provide to the | ||||||
5 | Illinois Commerce Commission the name and address of | ||||||
6 | an agent for service of orders entered under this | ||||||
7 | paragraph (18). Any change in status of the registered | ||||||
8 | agent must be reported to the Illinois Commerce | ||||||
9 | Commission within 30 days of such change. | ||||||
10 | (G) The Illinois Commerce Commission shall | ||||||
11 | maintain the list of registered agents for service for | ||||||
12 | each wireless telephone service provider on the | ||||||
13 | Commission's website. The Commission may consult with | ||||||
14 | wireless telephone service providers and the Circuit | ||||||
15 | Court Clerks on the manner in which this information | ||||||
16 | is provided and displayed. | ||||||
17 | (c) Relevant factors; findings.
| ||||||
18 | (1) In determining whether to grant a specific remedy, | ||||||
19 | other than
payment of support, the court shall consider
| ||||||
20 | relevant factors, including but not limited to the | ||||||
21 | following:
| ||||||
22 | (i) the nature, frequency, severity, pattern and | ||||||
23 | consequences of the
respondent's past abuse, neglect | ||||||
24 | or exploitation of the petitioner or
any family or | ||||||
25 | household member, including the concealment of his or | ||||||
26 | her
location in order to evade service of process or |
| |||||||
| |||||||
1 | notice, and the likelihood of
danger of future abuse, | ||||||
2 | neglect, or exploitation to petitioner or any member | ||||||
3 | of
petitioner's or respondent's family or household; | ||||||
4 | and
| ||||||
5 | (ii) the danger that any minor child will be | ||||||
6 | abused or neglected or
improperly relocated from the | ||||||
7 | jurisdiction, improperly concealed within the
State or | ||||||
8 | improperly separated from the child's primary | ||||||
9 | caretaker.
| ||||||
10 | (2) In comparing relative hardships resulting to the | ||||||
11 | parties from loss
of possession of the family home, the | ||||||
12 | court shall consider relevant
factors, including but not | ||||||
13 | limited to the following:
| ||||||
14 | (i) availability, accessibility, cost, safety, | ||||||
15 | adequacy, location and
other characteristics of | ||||||
16 | alternate housing for each party and any minor child
| ||||||
17 | or dependent adult in the party's care;
| ||||||
18 | (ii) the effect on the party's employment; and
| ||||||
19 | (iii) the effect on the relationship of the party, | ||||||
20 | and any minor
child or dependent adult in the party's | ||||||
21 | care, to family, school, church
and community.
| ||||||
22 | (3) Subject to the exceptions set forth in paragraph | ||||||
23 | (4) of this
subsection, the court shall make its findings | ||||||
24 | in an official record or in
writing, and shall at a minimum | ||||||
25 | set forth the following:
| ||||||
26 | (i) That the court has considered the applicable |
| |||||||
| |||||||
1 | relevant factors
described in paragraphs (1) and (2) | ||||||
2 | of this subsection.
| ||||||
3 | (ii) Whether the conduct or actions of respondent, | ||||||
4 | unless
prohibited, will likely cause irreparable harm | ||||||
5 | or continued abuse.
| ||||||
6 | (iii) Whether it is necessary to grant the | ||||||
7 | requested relief in order
to protect petitioner or | ||||||
8 | other alleged abused persons.
| ||||||
9 | (4) For purposes of issuing an ex parte emergency | ||||||
10 | order of protection,
the court, as an alternative to or as | ||||||
11 | a supplement to making the findings
described in | ||||||
12 | paragraphs (c)(3)(i) through (c)(3)(iii) of this | ||||||
13 | subsection, may
use the following procedure:
| ||||||
14 | When a verified petition for an emergency order of | ||||||
15 | protection in
accordance with the requirements of Sections | ||||||
16 | 203 and 217 is
presented to the court, the court shall | ||||||
17 | examine petitioner on oath or
affirmation. An emergency | ||||||
18 | order of protection shall be issued by the court
if it | ||||||
19 | appears from the contents of the petition and the | ||||||
20 | examination of
petitioner that the averments are | ||||||
21 | sufficient to indicate abuse by
respondent and to support | ||||||
22 | the granting of relief under the issuance of the
emergency | ||||||
23 | order of protection.
| ||||||
24 | (5) Never married parties. No rights or | ||||||
25 | responsibilities for a minor
child born outside of | ||||||
26 | marriage attach to a putative father until a father and
|
| |||||||
| |||||||
1 | child relationship has been established under the Illinois | ||||||
2 | Parentage Act of
1984, the Illinois Parentage Act of 2015, | ||||||
3 | the Illinois Public Aid Code, Section 12 of the Vital | ||||||
4 | Records Act, the
Juvenile Court Act of 1987, the Probate | ||||||
5 | Act of 1975, the Revised Uniform
Reciprocal Enforcement of | ||||||
6 | Support Act, the Uniform Interstate Family Support
Act, | ||||||
7 | the Expedited Child Support Act of 1990, any judicial, | ||||||
8 | administrative, or
other act of another state or | ||||||
9 | territory, any other Illinois statute, or by any
foreign | ||||||
10 | nation establishing the father and child relationship, any | ||||||
11 | other
proceeding substantially in conformity with the | ||||||
12 | Personal Responsibility and
Work Opportunity | ||||||
13 | Reconciliation Act of 1996 (Pub. L. 104-193), or where | ||||||
14 | both
parties appeared in open court or at an | ||||||
15 | administrative hearing acknowledging
under
oath or | ||||||
16 | admitting by affirmation the existence of a father and | ||||||
17 | child
relationship.
Absent such an adjudication, finding, | ||||||
18 | or acknowledgment, no putative
father shall be granted
| ||||||
19 | temporary allocation of parental responsibilities, | ||||||
20 | including parenting time with the minor child, or
physical | ||||||
21 | care and possession of the minor child, nor shall an order | ||||||
22 | of payment
for support of the minor child be entered.
| ||||||
23 | (d) Balance of hardships; findings. If the court finds | ||||||
24 | that the balance
of hardships does not support the granting of | ||||||
25 | a remedy governed by
paragraph (2), (3), (10), (11), or (16) of | ||||||
26 | subsection (b) of this Section,
which may require such |
| |||||||
| |||||||
1 | balancing, the court's findings shall so
indicate and shall | ||||||
2 | include a finding as to whether granting the remedy will
| ||||||
3 | result in hardship to respondent that would substantially | ||||||
4 | outweigh the hardship
to petitioner from denial of the remedy. | ||||||
5 | The findings shall be an official
record or in writing.
| ||||||
6 | (e) Denial of remedies. Denial of any remedy shall not be | ||||||
7 | based, in
whole or in part, on evidence that:
| ||||||
8 | (1) Respondent has cause for any use of force, unless | ||||||
9 | that cause
satisfies the standards for justifiable use of | ||||||
10 | force provided by Article
7 of the Criminal Code of 2012;
| ||||||
11 | (2) Respondent was voluntarily intoxicated;
| ||||||
12 | (3) Petitioner acted in self-defense or defense of | ||||||
13 | another, provided
that, if petitioner utilized force, such | ||||||
14 | force was justifiable under
Article 7 of the Criminal Code | ||||||
15 | of 2012;
| ||||||
16 | (4) Petitioner did not act in self-defense or defense | ||||||
17 | of another;
| ||||||
18 | (5) Petitioner left the residence or household to | ||||||
19 | avoid further abuse,
neglect, or exploitation by | ||||||
20 | respondent;
| ||||||
21 | (6) Petitioner did not leave the residence or | ||||||
22 | household to avoid further
abuse, neglect, or exploitation | ||||||
23 | by respondent;
| ||||||
24 | (7) Conduct by any family or household member excused | ||||||
25 | the abuse,
neglect, or exploitation by respondent, unless | ||||||
26 | that same conduct would have
excused such abuse, neglect, |
| |||||||
| |||||||
1 | or exploitation if the parties had not been
family or | ||||||
2 | household members.
| ||||||
3 | (Source: P.A. 102-538, eff. 8-20-21.)
| ||||||
4 | (750 ILCS 60/217) (from Ch. 40, par. 2312-17)
| ||||||
5 | Sec. 217. Emergency order of protection.
| ||||||
6 | (a) Prerequisites. An emergency order of protection shall | ||||||
7 | issue if
petitioner satisfies the requirements of this | ||||||
8 | subsection for one or more of the
requested remedies. For each | ||||||
9 | remedy requested, petitioner shall establish
that:
| ||||||
10 | (1) The court has jurisdiction under Section 208;
| ||||||
11 | (2) The requirements of Section 214 are satisfied; and
| ||||||
12 | (3) There is good cause to grant the remedy, | ||||||
13 | regardless of prior service
of process or of notice upon | ||||||
14 | the respondent, because:
| ||||||
15 | (i) For
the remedies of "prohibition of abuse" | ||||||
16 | described in
Section 214(b)(1), "stay away order and | ||||||
17 | additional prohibitions" described in
Section
| ||||||
18 | 214(b)(3), "removal or concealment of minor child" | ||||||
19 | described in Section
214(b)(8), "order to appear" | ||||||
20 | described in Section 214(b)(9), "physical
care and | ||||||
21 | possession of the minor child" described in Section | ||||||
22 | 214(b)(5),
"protection of property" described in | ||||||
23 | Section 214(b)(11), "prohibition
of entry" described | ||||||
24 | in Section 214(b)(14), "prohibition of firearm | ||||||
25 | possession" described in Section 214(b)(14.6) |
| |||||||
| |||||||
1 | 214(b)(14.5) , "prohibition of access to
records" | ||||||
2 | described in Section 214(b)(15), and "injunctive | ||||||
3 | relief"
described in Section 214(b)(16), the harm | ||||||
4 | which that remedy
is intended to prevent would be | ||||||
5 | likely to occur if the respondent were given
any prior | ||||||
6 | notice, or greater notice than was actually given, of | ||||||
7 | the
petitioner's efforts to obtain judicial relief;
| ||||||
8 | (ii) For the remedy of "grant of exclusive | ||||||
9 | possession of
residence" described in Section | ||||||
10 | 214(b)(2), the immediate danger of further
abuse of | ||||||
11 | petitioner by respondent,
if petitioner chooses or had | ||||||
12 | chosen to remain in the residence or household
while | ||||||
13 | respondent was given any prior notice or greater | ||||||
14 | notice than was
actually given of petitioner's efforts | ||||||
15 | to obtain judicial relief,
outweighs the hardships to | ||||||
16 | respondent of an emergency order
granting petitioner | ||||||
17 | exclusive possession of the residence or household.
| ||||||
18 | This remedy shall not be denied because petitioner has | ||||||
19 | or could obtain
temporary shelter elsewhere while | ||||||
20 | prior notice is given to respondent, unless
the
| ||||||
21 | hardships to respondent from exclusion from the home | ||||||
22 | substantially outweigh
those to petitioner;
| ||||||
23 | (iii) For the remedy of "possession of personal | ||||||
24 | property"
described in
Section 214(b)(10), improper | ||||||
25 | disposition of the personal
property would be likely
| ||||||
26 | to occur if respondent were given any prior notice, or |
| |||||||
| |||||||
1 | greater notice than
was actually given, of | ||||||
2 | petitioner's efforts to obtain judicial relief, or
| ||||||
3 | petitioner has an immediate and pressing need for | ||||||
4 | possession of that property.
| ||||||
5 | An emergency order may not include the counseling, legal | ||||||
6 | custody, payment
of support or monetary compensation remedies.
| ||||||
7 | (a-5) When a petition for an emergency order of protection | ||||||
8 | is granted, the order shall not be publicly available until | ||||||
9 | the order is served on the respondent. | ||||||
10 | (b) Appearance by respondent.
If respondent appears in | ||||||
11 | court for this hearing for an emergency order,
he or she may | ||||||
12 | elect to file a general appearance and testify.
Any resulting | ||||||
13 | order may be an emergency order, governed
by this Section.
| ||||||
14 | Notwithstanding the requirements of this Section, if all | ||||||
15 | requirements of
Section 218 have been met, the court may issue | ||||||
16 | a 30-day interim order.
| ||||||
17 | (c) Emergency orders: court holidays and evenings.
| ||||||
18 | (1) Prerequisites. When the court is unavailable at | ||||||
19 | the close of
business, the petitioner may file a petition | ||||||
20 | for a 21-day emergency order
before any available circuit | ||||||
21 | judge or associate judge who may grant relief
under this | ||||||
22 | Act. If the judge finds that there is an immediate and | ||||||
23 | present
danger of abuse to petitioner and that petitioner | ||||||
24 | has satisfied the
prerequisites set forth in subsection | ||||||
25 | (a) of Section 217, that judge may
issue an emergency | ||||||
26 | order of protection.
|
| |||||||
| |||||||
1 | (1.5) Issuance of order. The chief judge of the | ||||||
2 | circuit court
may designate for each county in the circuit | ||||||
3 | at least one judge to be
reasonably available to
issue | ||||||
4 | orally, by telephone, by facsimile, or otherwise, an | ||||||
5 | emergency
order of protection at all times, whether or not | ||||||
6 | the court is in session.
| ||||||
7 | (2) Certification and transfer. The judge who issued | ||||||
8 | the order under this Section shall promptly communicate or | ||||||
9 | convey the order to the sheriff to facilitate the entry of | ||||||
10 | the order into the Law Enforcement Agencies Data System by | ||||||
11 | the Illinois State Police pursuant to Section 302. Any | ||||||
12 | order issued under this Section and
any documentation in | ||||||
13 | support thereof shall be certified on the next court
day | ||||||
14 | to the appropriate court. The clerk of that court shall | ||||||
15 | immediately
assign a case number, file the petition, order | ||||||
16 | and other documents with the
court, and enter the order of | ||||||
17 | record and file it with the sheriff for
service, in | ||||||
18 | accordance with Section 222. Filing the petition
shall | ||||||
19 | commence proceedings for further relief under Section 202.
| ||||||
20 | Failure to comply with the requirements of this subsection | ||||||
21 | shall not
affect the validity of the order.
| ||||||
22 | (Source: P.A. 101-255, eff. 1-1-20; 102-538, eff. 8-20-21.)
| ||||||
23 | (750 ILCS 60/223) (from Ch. 40, par. 2312-23)
| ||||||
24 | (Text of Section before amendment by P.A. 101-652 )
| ||||||
25 | Sec. 223. Enforcement of orders of protection.
|
| |||||||
| |||||||
1 | (a) When violation is crime. A violation of any order of | ||||||
2 | protection,
whether issued in a civil or criminal proceeding, | ||||||
3 | shall be enforced
by a
criminal court when:
| ||||||
4 | (1) The respondent commits the crime of violation of | ||||||
5 | an order of
protection pursuant to Section 12-3.4 or 12-30 | ||||||
6 | of the Criminal Code of
1961 or the Criminal Code of 2012, | ||||||
7 | by
having knowingly violated:
| ||||||
8 | (i) remedies described in paragraphs (1), (2), | ||||||
9 | (3), (14),
or (14.5) , or (14.6) of
subsection (b) of | ||||||
10 | Section 214 of this Act; or
| ||||||
11 | (ii) a remedy, which is substantially similar to | ||||||
12 | the remedies
authorized under paragraphs (1), (2), | ||||||
13 | (3), (14), and (14.5) , and (14.6) of subsection (b)
of | ||||||
14 | Section 214 of this Act, in a valid order of protection | ||||||
15 | which is authorized
under the laws of another state, | ||||||
16 | tribe, or United States territory; or
| ||||||
17 | (iii) any other remedy when the act
constitutes a | ||||||
18 | crime against the protected parties as defined by the
| ||||||
19 | Criminal Code of 1961 or the Criminal Code of 2012.
| ||||||
20 | Prosecution for a violation of an order of
protection | ||||||
21 | shall not bar concurrent prosecution for any other crime,
| ||||||
22 | including any crime that may have been committed at the | ||||||
23 | time of the
violation of the order of protection; or
| ||||||
24 | (2) The respondent commits the crime of child | ||||||
25 | abduction pursuant
to Section 10-5 of the Criminal Code of | ||||||
26 | 1961 or the Criminal Code of 2012, by having knowingly |
| |||||||
| |||||||
1 | violated:
| ||||||
2 | (i) remedies described in paragraphs (5), (6) or | ||||||
3 | (8) of subsection
(b) of
Section 214 of this Act; or
| ||||||
4 | (ii) a remedy, which is substantially similar to | ||||||
5 | the remedies
authorized under paragraphs (5), (6), or | ||||||
6 | (8) of subsection (b) of Section 214
of this Act, in a | ||||||
7 | valid order of protection which is authorized under | ||||||
8 | the laws
of another state, tribe, or United States | ||||||
9 | territory.
| ||||||
10 | (b) When violation is contempt of court. A violation of | ||||||
11 | any valid
Illinois order of protection, whether issued in a | ||||||
12 | civil or criminal
proceeding, may be enforced through civil or | ||||||
13 | criminal contempt procedures,
as appropriate, by any court | ||||||
14 | with jurisdiction, regardless where the act or
acts which | ||||||
15 | violated the order of protection were committed, to the extent
| ||||||
16 | consistent with the venue provisions of this Act. Nothing in | ||||||
17 | this Act
shall preclude any Illinois court from enforcing any | ||||||
18 | valid order of
protection issued in another state. Illinois | ||||||
19 | courts may enforce orders of
protection through both criminal | ||||||
20 | prosecution and contempt proceedings,
unless the action which | ||||||
21 | is second in time is barred by collateral estoppel
or the | ||||||
22 | constitutional prohibition against double jeopardy.
| ||||||
23 | (1) In a contempt proceeding where the petition for a | ||||||
24 | rule to show
cause sets forth facts evidencing an | ||||||
25 | immediate danger that the
respondent will flee the | ||||||
26 | jurisdiction, conceal a child, or inflict physical
abuse |
| |||||||
| |||||||
1 | on the petitioner or minor children or on dependent adults | ||||||
2 | in
petitioner's care, the court may order the
attachment | ||||||
3 | of the respondent without prior service of the rule to | ||||||
4 | show
cause or the petition for a rule to show cause. Bond | ||||||
5 | shall be set unless
specifically denied in writing.
| ||||||
6 | (2) A petition for a rule to show cause for violation | ||||||
7 | of an order of
protection shall be treated as an expedited | ||||||
8 | proceeding.
| ||||||
9 | (b-1) The court shall not hold a school district or | ||||||
10 | private or non-public school or any of its employees in civil | ||||||
11 | or criminal contempt unless the school district or private or | ||||||
12 | non-public school has been allowed to intervene. | ||||||
13 | (b-2) The court may hold the parents, guardian, or legal | ||||||
14 | custodian of a minor respondent in civil or criminal contempt | ||||||
15 | for a violation of any provision of any order entered under | ||||||
16 | this Act for conduct of the minor respondent in violation of | ||||||
17 | this Act if the
parents, guardian, or legal custodian | ||||||
18 | directed, encouraged, or assisted the respondent minor in such | ||||||
19 | conduct. | ||||||
20 | (c) Violation of custody or support orders or temporary or | ||||||
21 | final judgments allocating parental responsibilities. A | ||||||
22 | violation of remedies
described in paragraphs (5), (6), (8), | ||||||
23 | or (9) of subsection (b) of Section
214 of this Act may be | ||||||
24 | enforced by any remedy provided by Section 607.5 of
the | ||||||
25 | Illinois Marriage and Dissolution of Marriage Act. The court | ||||||
26 | may
enforce any order for support issued under paragraph (12) |
| |||||||
| |||||||
1 | of subsection (b)
of Section 214 in the manner provided for | ||||||
2 | under Parts V and VII of the
Illinois Marriage and Dissolution | ||||||
3 | of Marriage Act.
| ||||||
4 | (d) Actual knowledge. An order of protection may be | ||||||
5 | enforced pursuant to
this Section if the respondent violates | ||||||
6 | the order after the
respondent has
actual knowledge of its | ||||||
7 | contents as shown through one of the following means:
| ||||||
8 | (1) By service, delivery, or notice under Section 210.
| ||||||
9 | (2) By notice under Section 210.1 or 211.
| ||||||
10 | (3) By service of an order of protection under Section | ||||||
11 | 222.
| ||||||
12 | (4) By other means demonstrating actual knowledge of | ||||||
13 | the contents of the
order.
| ||||||
14 | (e) The enforcement of an order of protection in civil or | ||||||
15 | criminal court
shall not be affected by either of the | ||||||
16 | following:
| ||||||
17 | (1) The existence of a separate, correlative order, | ||||||
18 | entered under Section
215.
| ||||||
19 | (2) Any finding or order entered in a conjoined | ||||||
20 | criminal proceeding.
| ||||||
21 | (f) Circumstances. The court, when determining whether or | ||||||
22 | not a
violation of an order of protection has occurred, shall | ||||||
23 | not require
physical manifestations of abuse on the person of | ||||||
24 | the victim.
| ||||||
25 | (g) Penalties.
| ||||||
26 | (1) Except as provided in paragraph (3) of this
|
| |||||||
| |||||||
1 | subsection, where the court finds the commission of a | ||||||
2 | crime or contempt of
court under subsections (a) or (b) of | ||||||
3 | this Section, the penalty shall be
the penalty that | ||||||
4 | generally applies in such criminal or contempt
| ||||||
5 | proceedings, and may include one or more of the following: | ||||||
6 | incarceration,
payment of restitution, a fine, payment of | ||||||
7 | attorneys' fees and costs, or
community service.
| ||||||
8 | (2) The court shall hear and take into account | ||||||
9 | evidence of any factors
in aggravation or mitigation | ||||||
10 | before deciding an appropriate penalty under
paragraph (1) | ||||||
11 | of this subsection.
| ||||||
12 | (3) To the extent permitted by law, the court is | ||||||
13 | encouraged to:
| ||||||
14 | (i) increase the penalty for the knowing violation | ||||||
15 | of
any order of protection over any penalty previously | ||||||
16 | imposed by any court
for respondent's violation of any | ||||||
17 | order of protection or penal statute
involving | ||||||
18 | petitioner as victim and respondent as defendant;
| ||||||
19 | (ii) impose a minimum penalty of 24 hours | ||||||
20 | imprisonment for respondent's
first violation of any | ||||||
21 | order of protection; and
| ||||||
22 | (iii) impose a minimum penalty of 48 hours | ||||||
23 | imprisonment for
respondent's second or subsequent | ||||||
24 | violation of an order of protection
| ||||||
25 | unless the court explicitly finds that an increased | ||||||
26 | penalty or that
period of imprisonment would be manifestly |
| |||||||
| |||||||
1 | unjust.
| ||||||
2 | (4) In addition to any other penalties imposed for a | ||||||
3 | violation of an
order of protection, a criminal court may | ||||||
4 | consider evidence of any
violations of an order of | ||||||
5 | protection:
| ||||||
6 | (i) to increase, revoke or modify the bail bond on | ||||||
7 | an underlying
criminal charge pursuant to Section | ||||||
8 | 110-6 of the Code of Criminal Procedure
of 1963;
| ||||||
9 | (ii) to revoke or modify an order of probation, | ||||||
10 | conditional discharge or
supervision, pursuant to | ||||||
11 | Section 5-6-4 of the Unified Code of Corrections;
| ||||||
12 | (iii) to revoke or modify a sentence of periodic | ||||||
13 | imprisonment,
pursuant to Section 5-7-2 of the Unified | ||||||
14 | Code of Corrections.
| ||||||
15 | (5) In addition to any other penalties, the court | ||||||
16 | shall impose an
additional fine of $20 as authorized by | ||||||
17 | Section 5-9-1.11 of the Unified Code of
Corrections upon | ||||||
18 | any person convicted of or placed on supervision for a
| ||||||
19 | violation of an order of protection.
The additional fine | ||||||
20 | shall be imposed for each violation of this Section.
| ||||||
21 | (Source: P.A. 99-90, eff. 1-1-16 .)
| ||||||
22 | (Text of Section after amendment by P.A. 101-652 ) | ||||||
23 | Sec. 223. Enforcement of orders of protection.
| ||||||
24 | (a) When violation is crime. A violation of any order of | ||||||
25 | protection,
whether issued in a civil or criminal proceeding, |
| |||||||
| |||||||
1 | shall be enforced
by a
criminal court when:
| ||||||
2 | (1) The respondent commits the crime of violation of | ||||||
3 | an order of
protection pursuant to Section 12-3.4 or 12-30 | ||||||
4 | of the Criminal Code of
1961 or the Criminal Code of 2012, | ||||||
5 | by
having knowingly violated:
| ||||||
6 | (i) remedies described in paragraphs (1), (2), | ||||||
7 | (3), (14),
or (14.5) , or (14.6) of
subsection (b) of | ||||||
8 | Section 214 of this Act; or
| ||||||
9 | (ii) a remedy, which is substantially similar to | ||||||
10 | the remedies
authorized under paragraphs (1), (2), | ||||||
11 | (3), (14), and (14.5) , and (14.6) of subsection (b)
of | ||||||
12 | Section 214 of this Act, in a valid order of protection | ||||||
13 | which is authorized
under the laws of another state, | ||||||
14 | tribe, or United States territory; or
| ||||||
15 | (iii) any other remedy when the act
constitutes a | ||||||
16 | crime against the protected parties as defined by the
| ||||||
17 | Criminal Code of 1961 or the Criminal Code of 2012.
| ||||||
18 | Prosecution for a violation of an order of
protection | ||||||
19 | shall not bar concurrent prosecution for any other crime,
| ||||||
20 | including any crime that may have been committed at the | ||||||
21 | time of the
violation of the order of protection; or
| ||||||
22 | (2) The respondent commits the crime of child | ||||||
23 | abduction pursuant
to Section 10-5 of the Criminal Code of | ||||||
24 | 1961 or the Criminal Code of 2012, by having knowingly | ||||||
25 | violated:
| ||||||
26 | (i) remedies described in paragraphs (5), (6) or |
| |||||||
| |||||||
1 | (8) of subsection
(b) of
Section 214 of this Act; or
| ||||||
2 | (ii) a remedy, which is substantially similar to | ||||||
3 | the remedies
authorized under paragraphs (5), (6), or | ||||||
4 | (8) of subsection (b) of Section 214
of this Act, in a | ||||||
5 | valid order of protection which is authorized under | ||||||
6 | the laws
of another state, tribe, or United States | ||||||
7 | territory.
| ||||||
8 | (b) When violation is contempt of court. A violation of | ||||||
9 | any valid
Illinois order of protection, whether issued in a | ||||||
10 | civil or criminal
proceeding, may be enforced through civil or | ||||||
11 | criminal contempt procedures,
as appropriate, by any court | ||||||
12 | with jurisdiction, regardless where the act or
acts which | ||||||
13 | violated the order of protection were committed, to the extent
| ||||||
14 | consistent with the venue provisions of this Act. Nothing in | ||||||
15 | this Act
shall preclude any Illinois court from enforcing any | ||||||
16 | valid order of
protection issued in another state. Illinois | ||||||
17 | courts may enforce orders of
protection through both criminal | ||||||
18 | prosecution and contempt proceedings,
unless the action which | ||||||
19 | is second in time is barred by collateral estoppel
or the | ||||||
20 | constitutional prohibition against double jeopardy.
| ||||||
21 | (1) In a contempt proceeding where the petition for a | ||||||
22 | rule to show
cause sets forth facts evidencing an | ||||||
23 | immediate danger that the
respondent will flee the | ||||||
24 | jurisdiction, conceal a child, or inflict physical
abuse | ||||||
25 | on the petitioner or minor children or on dependent adults | ||||||
26 | in
petitioner's care, the court may order the
attachment |
| |||||||
| |||||||
1 | of the respondent without prior service of the rule to | ||||||
2 | show
cause or the petition for a rule to show cause. | ||||||
3 | Conditions of release shall be set unless
specifically | ||||||
4 | denied in writing.
| ||||||
5 | (2) A petition for a rule to show cause for violation | ||||||
6 | of an order of
protection shall be treated as an expedited | ||||||
7 | proceeding.
| ||||||
8 | (b-1) The court shall not hold a school district or | ||||||
9 | private or non-public school or any of its employees in civil | ||||||
10 | or criminal contempt unless the school district or private or | ||||||
11 | non-public school has been allowed to intervene. | ||||||
12 | (b-2) The court may hold the parents, guardian, or legal | ||||||
13 | custodian of a minor respondent in civil or criminal contempt | ||||||
14 | for a violation of any provision of any order entered under | ||||||
15 | this Act for conduct of the minor respondent in violation of | ||||||
16 | this Act if the
parents, guardian, or legal custodian | ||||||
17 | directed, encouraged, or assisted the respondent minor in such | ||||||
18 | conduct. | ||||||
19 | (c) Violation of custody or support orders or temporary or | ||||||
20 | final judgments allocating parental responsibilities. A | ||||||
21 | violation of remedies
described in paragraphs (5), (6), (8), | ||||||
22 | or (9) of subsection (b) of Section
214 of this Act may be | ||||||
23 | enforced by any remedy provided by Section 607.5 of
the | ||||||
24 | Illinois Marriage and Dissolution of Marriage Act. The court | ||||||
25 | may
enforce any order for support issued under paragraph (12) | ||||||
26 | of subsection (b)
of Section 214 in the manner provided for |
| |||||||
| |||||||
1 | under Parts V and VII of the
Illinois Marriage and Dissolution | ||||||
2 | of Marriage Act.
| ||||||
3 | (d) Actual knowledge. An order of protection may be | ||||||
4 | enforced pursuant to
this Section if the respondent violates | ||||||
5 | the order after the
respondent has
actual knowledge of its | ||||||
6 | contents as shown through one of the following means:
| ||||||
7 | (1) By service, delivery, or notice under Section 210.
| ||||||
8 | (2) By notice under Section 210.1 or 211.
| ||||||
9 | (3) By service of an order of protection under Section | ||||||
10 | 222.
| ||||||
11 | (4) By other means demonstrating actual knowledge of | ||||||
12 | the contents of the
order.
| ||||||
13 | (e) The enforcement of an order of protection in civil or | ||||||
14 | criminal court
shall not be affected by either of the | ||||||
15 | following:
| ||||||
16 | (1) The existence of a separate, correlative order, | ||||||
17 | entered under Section
215.
| ||||||
18 | (2) Any finding or order entered in a conjoined | ||||||
19 | criminal proceeding.
| ||||||
20 | (f) Circumstances. The court, when determining whether or | ||||||
21 | not a
violation of an order of protection has occurred, shall | ||||||
22 | not require
physical manifestations of abuse on the person of | ||||||
23 | the victim.
| ||||||
24 | (g) Penalties.
| ||||||
25 | (1) Except as provided in paragraph (3) of this
| ||||||
26 | subsection, where the court finds the commission of a |
| |||||||
| |||||||
1 | crime or contempt of
court under subsections (a) or (b) of | ||||||
2 | this Section, the penalty shall be
the penalty that | ||||||
3 | generally applies in such criminal or contempt
| ||||||
4 | proceedings, and may include one or more of the following: | ||||||
5 | incarceration,
payment of restitution, a fine, payment of | ||||||
6 | attorneys' fees and costs, or
community service.
| ||||||
7 | (2) The court shall hear and take into account | ||||||
8 | evidence of any factors
in aggravation or mitigation | ||||||
9 | before deciding an appropriate penalty under
paragraph (1) | ||||||
10 | of this subsection.
| ||||||
11 | (3) To the extent permitted by law, the court is | ||||||
12 | encouraged to:
| ||||||
13 | (i) increase the penalty for the knowing violation | ||||||
14 | of
any order of protection over any penalty previously | ||||||
15 | imposed by any court
for respondent's violation of any | ||||||
16 | order of protection or penal statute
involving | ||||||
17 | petitioner as victim and respondent as defendant;
| ||||||
18 | (ii) impose a minimum penalty of 24 hours | ||||||
19 | imprisonment for respondent's
first violation of any | ||||||
20 | order of protection; and
| ||||||
21 | (iii) impose a minimum penalty of 48 hours | ||||||
22 | imprisonment for
respondent's second or subsequent | ||||||
23 | violation of an order of protection
| ||||||
24 | unless the court explicitly finds that an increased | ||||||
25 | penalty or that
period of imprisonment would be manifestly | ||||||
26 | unjust.
|
| |||||||
| |||||||
1 | (4) In addition to any other penalties imposed for a | ||||||
2 | violation of an
order of protection, a criminal court may | ||||||
3 | consider evidence of any
violations of an order of | ||||||
4 | protection:
| ||||||
5 | (i) to increase, revoke or modify the conditions | ||||||
6 | of pretrial release on an underlying
criminal charge | ||||||
7 | pursuant to Section 110-6 of the Code of Criminal | ||||||
8 | Procedure
of 1963;
| ||||||
9 | (ii) to revoke or modify an order of probation, | ||||||
10 | conditional discharge or
supervision, pursuant to | ||||||
11 | Section 5-6-4 of the Unified Code of Corrections;
| ||||||
12 | (iii) to revoke or modify a sentence of periodic | ||||||
13 | imprisonment,
pursuant to Section 5-7-2 of the Unified | ||||||
14 | Code of Corrections.
| ||||||
15 | (5) In addition to any other penalties, the court | ||||||
16 | shall impose an
additional fine of $20 as authorized by | ||||||
17 | Section 5-9-1.11 of the Unified Code of
Corrections upon | ||||||
18 | any person convicted of or placed on supervision for a
| ||||||
19 | violation of an order of protection.
The additional fine | ||||||
20 | shall be imposed for each violation of this Section.
| ||||||
21 | (Source: P.A. 101-652, eff. 1-1-23.)
| ||||||
22 | Section 95. No acceleration or delay. Where this Act makes | ||||||
23 | changes in a statute that is represented in this Act by text | ||||||
24 | that is not yet or no longer in effect (for example, a Section | ||||||
25 | represented by multiple versions), the use of that text does |
| |||||||
| |||||||
1 | not accelerate or delay the taking effect of (i) the changes | ||||||
2 | made by this Act or (ii) provisions derived from any other | ||||||
3 | Public Act.".
|