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