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