103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3099

 

Introduced 2/17/2023, by Rep. Diane Blair-Sherlock

 

SYNOPSIS AS INTRODUCED:
 
725 ILCS 5/112A-14  from Ch. 38, par. 112A-14
750 ILCS 60/214  from Ch. 40, par. 2312-14

    Amends the Code of Criminal Procedure of 1963 and the Illinois Domestic Violence Act of 1986. Provides that if a respondent to an order of protection is required to turn over the respondent's Firearm Owner's Identification Card or firearms to a local law enforcement agency, then: (1) a local law enforcement agency shall give written notice to the respondent of the respondent's obligations regarding any Firearm Owner's Identification Card or firearms in the respondent's possession; (2) a local law enforcement agency has an affirmative duty to inquire with a respondent as to the obligations of the respondent to tender the respondent's Firearm Owner's Identification Card and firearms under the order of protection; and (3) a respondent who refuses to tender the respondent's Firearm Owner's Identification Card and firearms after a local law enforcement agency has given the respondent written notice is guilty of a Class A misdemeanor.


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A BILL FOR

 

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1    AN ACT concerning domestic violence.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Code of Criminal Procedure of 1963 is
5amended by changing Section 112A-14 as follows:
 
6    (725 ILCS 5/112A-14)  (from Ch. 38, par. 112A-14)
7    Sec. 112A-14. Domestic violence order of protection;
8remedies.
9    (a) (Blank).
10    (b) The court may order any of the remedies listed in this
11subsection (b). The remedies listed in this subsection (b)
12shall be in addition to other civil or criminal remedies
13available to petitioner.
14        (1) Prohibition of abuse. Prohibit respondent's
15    harassment, interference with personal liberty,
16    intimidation of a dependent, physical abuse, or willful
17    deprivation, as defined in this Article, if such abuse has
18    occurred or otherwise appears likely to occur if not
19    prohibited.
20        (2) Grant of exclusive possession of residence.
21    Prohibit respondent from entering or remaining in any
22    residence, household, or premises of the petitioner,
23    including one owned or leased by respondent, if petitioner

 

 

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1    has a right to occupancy thereof. The grant of exclusive
2    possession of the residence, household, or premises shall
3    not affect title to real property, nor shall the court be
4    limited by the standard set forth in subsection (c-2) of
5    Section 501 of the Illinois Marriage and Dissolution of
6    Marriage Act.
7            (A) Right to occupancy. A party has a right to
8        occupancy of a residence or household if it is solely
9        or jointly owned or leased by that party, that party's
10        spouse, a person with a legal duty to support that
11        party or a minor child in that party's care, or by any
12        person or entity other than the opposing party that
13        authorizes that party's occupancy (e.g., a domestic
14        violence shelter). Standards set forth in subparagraph
15        (B) shall not preclude equitable relief.
16            (B) Presumption of hardships. If petitioner and
17        respondent each has the right to occupancy of a
18        residence or household, the court shall balance (i)
19        the hardships to respondent and any minor child or
20        dependent adult in respondent's care resulting from
21        entry of this remedy with (ii) the hardships to
22        petitioner and any minor child or dependent adult in
23        petitioner's care resulting from continued exposure to
24        the risk of abuse (should petitioner remain at the
25        residence or household) or from loss of possession of
26        the residence or household (should petitioner leave to

 

 

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1        avoid the risk of abuse). When determining the balance
2        of hardships, the court shall also take into account
3        the accessibility of the residence or household.
4        Hardships need not be balanced if respondent does not
5        have a right to occupancy.
6            The balance of hardships is presumed to favor
7        possession by petitioner unless the presumption is
8        rebutted by a preponderance of the evidence, showing
9        that the hardships to respondent substantially
10        outweigh the hardships to petitioner and any minor
11        child or dependent adult in petitioner's care. The
12        court, on the request of petitioner or on its own
13        motion, may order respondent to provide suitable,
14        accessible, alternate housing for petitioner instead
15        of excluding respondent from a mutual residence or
16        household.
17        (3) Stay away order and additional prohibitions. Order
18    respondent to stay away from petitioner or any other
19    person protected by the domestic violence order of
20    protection, or prohibit respondent from entering or
21    remaining present at petitioner's school, place of
22    employment, or other specified places at times when
23    petitioner is present, or both, if reasonable, given the
24    balance of hardships. Hardships need not be balanced for
25    the court to enter a stay away order or prohibit entry if
26    respondent has no right to enter the premises.

 

 

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1            (A) If a domestic violence order of protection
2        grants petitioner exclusive possession of the
3        residence, prohibits respondent from entering the
4        residence, or orders respondent to stay away from
5        petitioner or other protected persons, then the court
6        may allow respondent access to the residence to remove
7        items of clothing and personal adornment used
8        exclusively by respondent, medications, and other
9        items as the court directs. The right to access shall
10        be exercised on only one occasion as the court directs
11        and in the presence of an agreed-upon adult third
12        party or law enforcement officer.
13            (B) When the petitioner and the respondent attend
14        the same public, private, or non-public elementary,
15        middle, or high school, the court when issuing a
16        domestic violence order of protection and providing
17        relief shall consider the severity of the act, any
18        continuing physical danger or emotional distress to
19        the petitioner, the educational rights guaranteed to
20        the petitioner and respondent under federal and State
21        law, the availability of a transfer of the respondent
22        to another school, a change of placement or a change of
23        program of the respondent, the expense, difficulty,
24        and educational disruption that would be caused by a
25        transfer of the respondent to another school, and any
26        other relevant facts of the case. The court may order

 

 

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1        that the respondent not attend the public, private, or
2        non-public elementary, middle, or high school attended
3        by the petitioner, order that the respondent accept a
4        change of placement or change of program, as
5        determined by the school district or private or
6        non-public school, or place restrictions on the
7        respondent's movements within the school attended by
8        the petitioner. The respondent bears the burden of
9        proving by a preponderance of the evidence that a
10        transfer, change of placement, or change of program of
11        the respondent is not available. The respondent also
12        bears the burden of production with respect to the
13        expense, difficulty, and educational disruption that
14        would be caused by a transfer of the respondent to
15        another school. A transfer, change of placement, or
16        change of program is not unavailable to the respondent
17        solely on the ground that the respondent does not
18        agree with the school district's or private or
19        non-public school's transfer, change of placement, or
20        change of program or solely on the ground that the
21        respondent fails or refuses to consent or otherwise
22        does not take an action required to effectuate a
23        transfer, change of placement, or change of program.
24        When a court orders a respondent to stay away from the
25        public, private, or non-public school attended by the
26        petitioner and the respondent requests a transfer to

 

 

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1        another attendance center within the respondent's
2        school district or private or non-public school, the
3        school district or private or non-public school shall
4        have sole discretion to determine the attendance
5        center to which the respondent is transferred. If the
6        court order results in a transfer of the minor
7        respondent to another attendance center, a change in
8        the respondent's placement, or a change of the
9        respondent's program, the parents, guardian, or legal
10        custodian of the respondent is responsible for
11        transportation and other costs associated with the
12        transfer or change.
13            (C) The court may order the parents, guardian, or
14        legal custodian of a minor respondent to take certain
15        actions or to refrain from taking certain actions to
16        ensure that the respondent complies with the order. If
17        the court orders a transfer of the respondent to
18        another school, the parents, guardian, or legal
19        custodian of the respondent is responsible for
20        transportation and other costs associated with the
21        change of school by the respondent.
22        (4) Counseling. Require or recommend the respondent to
23    undergo counseling for a specified duration with a social
24    worker, psychologist, clinical psychologist,
25    psychiatrist, family service agency, alcohol or substance
26    abuse program, mental health center guidance counselor,

 

 

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1    agency providing services to elders, program designed for
2    domestic violence abusers, or any other guidance service
3    the court deems appropriate. The court may order the
4    respondent in any intimate partner relationship to report
5    to an Illinois Department of Human Services protocol
6    approved partner abuse intervention program for an
7    assessment and to follow all recommended treatment.
8        (5) Physical care and possession of the minor child.
9    In order to protect the minor child from abuse, neglect,
10    or unwarranted separation from the person who has been the
11    minor child's primary caretaker, or to otherwise protect
12    the well-being of the minor child, the court may do either
13    or both of the following: (i) grant petitioner physical
14    care or possession of the minor child, or both, or (ii)
15    order respondent to return a minor child to, or not remove
16    a minor child from, the physical care of a parent or person
17    in loco parentis.
18        If the respondent is charged with abuse (as defined in
19    Section 112A-3 of this Code) of a minor child, there shall
20    be a rebuttable presumption that awarding physical care to
21    respondent would not be in the minor child's best
22    interest.
23        (6) Temporary allocation of parental responsibilities
24    and significant decision-making responsibilities. Award
25    temporary significant decision-making responsibility to
26    petitioner in accordance with this Section, the Illinois

 

 

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1    Marriage and Dissolution of Marriage Act, the Illinois
2    Parentage Act of 2015, and this State's Uniform
3    Child-Custody Jurisdiction and Enforcement Act.
4        If the respondent is charged with abuse (as defined in
5    Section 112A-3 of this Code) of a minor child, there shall
6    be a rebuttable presumption that awarding temporary
7    significant decision-making responsibility to respondent
8    would not be in the child's best interest.
9        (7) Parenting time. Determine the parenting time, if
10    any, of respondent in any case in which the court awards
11    physical care or temporary significant decision-making
12    responsibility of a minor child to petitioner. The court
13    shall restrict or deny respondent's parenting time with a
14    minor child if the court finds that respondent has done or
15    is likely to do any of the following:
16            (i) abuse or endanger the minor child during
17        parenting time;
18            (ii) use the parenting time as an opportunity to
19        abuse or harass petitioner or petitioner's family or
20        household members;
21            (iii) improperly conceal or detain the minor
22        child; or
23            (iv) otherwise act in a manner that is not in the
24        best interests of the minor child.
25        The court shall not be limited by the standards set
26    forth in Section 603.10 of the Illinois Marriage and

 

 

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1    Dissolution of Marriage Act. If the court grants parenting
2    time, the order shall specify dates and times for the
3    parenting time to take place or other specific parameters
4    or conditions that are appropriate. No order for parenting
5    time shall refer merely to the term "reasonable parenting
6    time". Petitioner may deny respondent access to the minor
7    child if, when respondent arrives for parenting time,
8    respondent is under the influence of drugs or alcohol and
9    constitutes a threat to the safety and well-being of
10    petitioner or petitioner's minor children or is behaving
11    in a violent or abusive manner. If necessary to protect
12    any member of petitioner's family or household from future
13    abuse, respondent shall be prohibited from coming to
14    petitioner's residence to meet the minor child for
15    parenting time, and the petitioner and respondent shall
16    submit to the court their recommendations for reasonable
17    alternative arrangements for parenting time. A person may
18    be approved to supervise parenting time only after filing
19    an affidavit accepting that responsibility and
20    acknowledging accountability to the court.
21        (8) Removal or concealment of minor child. Prohibit
22    respondent from removing a minor child from the State or
23    concealing the child within the State.
24        (9) Order to appear. Order the respondent to appear in
25    court, alone or with a minor child, to prevent abuse,
26    neglect, removal or concealment of the child, to return

 

 

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1    the child to the custody or care of the petitioner, or to
2    permit any court-ordered interview or examination of the
3    child or the respondent.
4        (10) Possession of personal property. Grant petitioner
5    exclusive possession of personal property and, if
6    respondent has possession or control, direct respondent to
7    promptly make it available to petitioner, if:
8            (i) petitioner, but not respondent, owns the
9        property; or
10            (ii) the petitioner and respondent own the
11        property jointly; sharing it would risk abuse of
12        petitioner by respondent or is impracticable; and the
13        balance of hardships favors temporary possession by
14        petitioner.
15        If petitioner's sole claim to ownership of the
16    property is that it is marital property, the court may
17    award petitioner temporary possession thereof under the
18    standards of subparagraph (ii) of this paragraph only if a
19    proper proceeding has been filed under the Illinois
20    Marriage and Dissolution of Marriage Act, as now or
21    hereafter amended.
22        No order under this provision shall affect title to
23    property.
24        (11) Protection of property. Forbid the respondent
25    from taking, transferring, encumbering, concealing,
26    damaging, or otherwise disposing of any real or personal

 

 

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1    property, except as explicitly authorized by the court,
2    if:
3            (i) petitioner, but not respondent, owns the
4        property; or
5            (ii) the petitioner and respondent own the
6        property jointly, and the balance of hardships favors
7        granting this remedy.
8        If petitioner's sole claim to ownership of the
9    property is that it is marital property, the court may
10    grant petitioner relief under subparagraph (ii) of this
11    paragraph only if a proper proceeding has been filed under
12    the Illinois Marriage and Dissolution of Marriage Act, as
13    now or hereafter amended.
14        The court may further prohibit respondent from
15    improperly using the financial or other resources of an
16    aged member of the family or household for the profit or
17    advantage of respondent or of any other person.
18        (11.5) Protection of animals. Grant the petitioner the
19    exclusive care, custody, or control of any animal owned,
20    possessed, leased, kept, or held by either the petitioner
21    or the respondent or a minor child residing in the
22    residence or household of either the petitioner or the
23    respondent and order the respondent to stay away from the
24    animal and forbid the respondent from taking,
25    transferring, encumbering, concealing, harming, or
26    otherwise disposing of the animal.

 

 

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1        (12) Order for payment of support. Order respondent to
2    pay temporary support for the petitioner or any child in
3    the petitioner's care or over whom the petitioner has been
4    allocated parental responsibility, when the respondent has
5    a legal obligation to support that person, in accordance
6    with the Illinois Marriage and Dissolution of Marriage
7    Act, which shall govern, among other matters, the amount
8    of support, payment through the clerk and withholding of
9    income to secure payment. An order for child support may
10    be granted to a petitioner with lawful physical care of a
11    child, or an order or agreement for physical care of a
12    child, prior to entry of an order allocating significant
13    decision-making responsibility. Such a support order shall
14    expire upon entry of a valid order allocating parental
15    responsibility differently and vacating petitioner's
16    significant decision-making responsibility unless
17    otherwise provided in the order.
18        (13) Order for payment of losses. Order respondent to
19    pay petitioner for losses suffered as a direct result of
20    the abuse. Such losses shall include, but not be limited
21    to, medical expenses, lost earnings or other support,
22    repair or replacement of property damaged or taken,
23    reasonable attorney's fees, court costs, and moving or
24    other travel expenses, including additional reasonable
25    expenses for temporary shelter and restaurant meals.
26            (i) Losses affecting family needs. If a party is

 

 

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1        entitled to seek maintenance, child support, or
2        property distribution from the other party under the
3        Illinois Marriage and Dissolution of Marriage Act, as
4        now or hereafter amended, the court may order
5        respondent to reimburse petitioner's actual losses, to
6        the extent that such reimbursement would be
7        "appropriate temporary relief", as authorized by
8        subsection (a)(3) of Section 501 of that Act.
9            (ii) Recovery of expenses. In the case of an
10        improper concealment or removal of a minor child, the
11        court may order respondent to pay the reasonable
12        expenses incurred or to be incurred in the search for
13        and recovery of the minor child, including, but not
14        limited to, legal fees, court costs, private
15        investigator fees, and travel costs.
16        (14) Prohibition of entry. Prohibit the respondent
17    from entering or remaining in the residence or household
18    while the respondent is under the influence of alcohol or
19    drugs and constitutes a threat to the safety and
20    well-being of the petitioner or the petitioner's children.
21        (14.5) Prohibition of firearm possession.
22            (A) A person who is subject to an existing
23        domestic violence order of protection issued under
24        this Code may not lawfully possess weapons or a
25        Firearm Owner's Identification Card under Section 8.2
26        of the Firearm Owners Identification Card Act.

 

 

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1            (B) Any firearms in the possession of the
2        respondent, except as provided in subparagraph (C) of
3        this paragraph (14.5), shall be ordered by the court
4        to be turned over to a person with a valid Firearm
5        Owner's Identification Card for safekeeping. The court
6        shall issue an order that the respondent comply with
7        Section 9.5 of the Firearm Owners Identification Card
8        Act.
9            (C) If the respondent is a peace officer as
10        defined in Section 2-13 of the Criminal Code of 2012,
11        the court shall order that any firearms used by the
12        respondent in the performance of his or her duties as a
13        peace officer be surrendered to the chief law
14        enforcement executive of the agency in which the
15        respondent is employed, who shall retain the firearms
16        for safekeeping for the duration of the domestic
17        violence order of protection.
18            (C-5) If a respondent is required to turn over the
19        respondent's Firearm Owner's Identification Card or
20        firearms to a local law enforcement agency under
21        subparagraph (a) of paragraph (14.5) of subsection (b)
22        of Section 214 of the Illinois Domestic Violence Act
23        of 1986:
24                (i) A local law enforcement agency shall give
25            written notice to the respondent of an order of
26            protection of the respondent's obligations

 

 

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1            regarding any Firearm Owner's Identification Card
2            or firearms in the respondent's possession.
3                (ii) A local law enforcement agency has an
4            affirmative duty to inquire with a respondent
5            being served with an order of protection as to the
6            obligations of the respondent to tender the
7            respondent's Firearm Owner's Identification Card
8            and firearms under the order of protection.
9                (iii) A respondent who refuses to tender the
10            respondent's Firearm Owner's Identification Card
11            and firearms after a local law enforcement agency
12            has given the respondent written notice under this
13            subparagraph is guilty of a Class A misdemeanor.
14            (D) Upon expiration of the period of safekeeping,
15        if the firearms or Firearm Owner's Identification Card
16        cannot be returned to respondent because respondent
17        cannot be located, fails to respond to requests to
18        retrieve the firearms, or is not lawfully eligible to
19        possess a firearm, upon petition from the local law
20        enforcement agency, the court may order the local law
21        enforcement agency to destroy the firearms, use the
22        firearms for training purposes, or for any other
23        application as deemed appropriate by the local law
24        enforcement agency; or that the firearms be turned
25        over to a third party who is lawfully eligible to
26        possess firearms, and who does not reside with

 

 

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1        respondent.
2        (15) Prohibition of access to records. If a domestic
3    violence order of protection prohibits respondent from
4    having contact with the minor child, or if petitioner's
5    address is omitted under subsection (b) of Section 112A-5
6    of this Code, or if necessary to prevent abuse or wrongful
7    removal or concealment of a minor child, the order shall
8    deny respondent access to, and prohibit respondent from
9    inspecting, obtaining, or attempting to inspect or obtain,
10    school or any other records of the minor child who is in
11    the care of petitioner.
12        (16) Order for payment of shelter services. Order
13    respondent to reimburse a shelter providing temporary
14    housing and counseling services to the petitioner for the
15    cost of the services, as certified by the shelter and
16    deemed reasonable by the court.
17        (17) Order for injunctive relief. Enter injunctive
18    relief necessary or appropriate to prevent further abuse
19    of a family or household member or to effectuate one of the
20    granted remedies, if supported by the balance of
21    hardships. If the harm to be prevented by the injunction
22    is abuse or any other harm that one of the remedies listed
23    in paragraphs (1) through (16) of this subsection is
24    designed to prevent, no further evidence is necessary to
25    establish 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. In
9        this paragraph (18), the term "wireless telephone
10        service provider" means a provider of commercial
11        mobile service as defined in 47 U.S.C. 332. The
12        petitioner may request the transfer of each telephone
13        number that the petitioner, or a minor child in his or
14        her custody, uses. The clerk of the court shall serve
15        the order on the wireless telephone service provider's
16        agent for service of process provided to the Illinois
17        Commerce Commission. The order shall contain all of
18        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 of the
6        petitioner or any family or household member,
7        including the concealment of his or her location in
8        order to evade service of process or notice, and the
9        likelihood of danger of future abuse to petitioner or
10        any member of petitioner's or respondent's family or
11        household; and
12            (ii) the danger that any minor child will be
13        abused or neglected or improperly relocated from the
14        jurisdiction, improperly concealed within the State,
15        or improperly separated from the child's primary
16        caretaker.
17        (2) In comparing relative hardships resulting to the
18    parties from loss of possession of the family home, the
19    court shall consider relevant factors, including, but not
20    limited to, the following:
21            (i) availability, accessibility, cost, safety,
22        adequacy, location, and other characteristics of
23        alternate housing for each party and any minor child
24        or dependent adult in the party's care;
25            (ii) the effect on the party's employment; and
26            (iii) the effect on the relationship of the party,

 

 

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1        and any minor child or dependent adult in the party's
2        care, to family, school, church, and community.
3        (3) Subject to the exceptions set forth in paragraph
4    (4) of this subsection (c), the court shall make its
5    findings in an official record or in writing, and shall at
6    a minimum set forth the following:
7            (i) That the court has considered the applicable
8        relevant factors described in paragraphs (1) and (2)
9        of this subsection (c).
10            (ii) Whether the conduct or actions of respondent,
11        unless prohibited, will likely cause irreparable harm
12        or continued abuse.
13            (iii) Whether it is necessary to grant the
14        requested relief in order to protect petitioner or
15        other alleged abused persons.
16        (4) (Blank).
17        (5) Never married parties. No rights or
18    responsibilities for a minor child born outside of
19    marriage attach to a putative father until a father and
20    child relationship has been established under the Illinois
21    Parentage Act of 1984, the Illinois Parentage Act of 2015,
22    the Illinois Public Aid Code, Section 12 of the Vital
23    Records Act, the Juvenile Court Act of 1987, the Probate
24    Act of 1975, the Uniform Interstate Family Support Act,
25    the Expedited Child Support Act of 1990, any judicial,
26    administrative, or other act of another state or

 

 

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1    territory, any other statute of this State, or by any
2    foreign nation establishing the father and child
3    relationship, any other proceeding substantially in
4    conformity with the federal Personal Responsibility and
5    Work Opportunity Reconciliation Act of 1996, or when both
6    parties appeared in open court or at an administrative
7    hearing acknowledging under oath or admitting by
8    affirmation the existence of a father and child
9    relationship. Absent such an adjudication, no putative
10    father shall be granted temporary allocation of parental
11    responsibilities, including parenting time with the minor
12    child, or physical care and possession of the minor child,
13    nor shall an order of payment for support of the minor
14    child be entered.
15    (d) Balance of hardships; findings. If the court finds
16that the balance of hardships does not support the granting of
17a remedy governed by paragraph (2), (3), (10), (11), or (16) of
18subsection (b) of this Section, which may require such
19balancing, the court's findings shall so indicate and shall
20include a finding as to whether granting the remedy will
21result in hardship to respondent that would substantially
22outweigh the hardship to petitioner from denial of the remedy.
23The findings shall be an official record or in writing.
24    (e) Denial of remedies. Denial of any remedy shall not be
25based, in whole or in part, on evidence that:
26        (1) respondent has cause for any use of force, unless

 

 

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1    that cause satisfies the standards for justifiable use of
2    force provided by Article 7 of the Criminal Code of 2012;
3        (2) respondent was voluntarily intoxicated;
4        (3) petitioner acted in self-defense or defense of
5    another, provided that, if petitioner utilized force, such
6    force was justifiable under Article 7 of the Criminal Code
7    of 2012;
8        (4) petitioner did not act in self-defense or defense
9    of another;
10        (5) petitioner left the residence or household to
11    avoid further abuse by respondent;
12        (6) petitioner did not leave the residence or
13    household to avoid further abuse by respondent; or
14        (7) conduct by any family or household member excused
15    the abuse by respondent, unless that same conduct would
16    have excused such abuse if the parties had not been family
17    or household members.
18(Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22;
19102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
 
20    Section 10. The Illinois Domestic Violence Act of 1986 is
21amended by changing Section 214 as follows:
 
22    (750 ILCS 60/214)  (from Ch. 40, par. 2312-14)
23    Sec. 214. Order of protection; remedies.
24    (a) Issuance of order. If the court finds that petitioner

 

 

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1has been abused by a family or household member or that
2petitioner is a high-risk adult who has been abused,
3neglected, or exploited, as defined in this Act, an order of
4protection prohibiting the abuse, neglect, or exploitation
5shall issue; provided that petitioner must also satisfy the
6requirements of one of the following Sections, as appropriate:
7Section 217 on emergency orders, Section 218 on interim
8orders, or Section 219 on plenary orders. Petitioner shall not
9be denied an order of protection because petitioner or
10respondent is a minor. The court, when determining whether or
11not to issue an order of protection, shall not require
12physical manifestations of abuse on the person of the victim.
13Modification and extension of prior orders of protection shall
14be in accordance with this Act.
15    (b) Remedies and standards. The remedies to be included in
16an order of protection shall be determined in accordance with
17this Section and one of the following Sections, as
18appropriate: Section 217 on emergency orders, Section 218 on
19interim orders, and Section 219 on plenary orders. The
20remedies listed in this subsection shall be in addition to
21other civil or criminal remedies available to petitioner.
22        (1) Prohibition of abuse, neglect, or exploitation.
23    Prohibit respondent's harassment, interference with
24    personal liberty, intimidation of a dependent, physical
25    abuse, or willful deprivation, neglect or exploitation, as
26    defined in this Act, or stalking of the petitioner, as

 

 

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1    defined in Section 12-7.3 of the Criminal Code of 2012, if
2    such abuse, neglect, exploitation, or stalking has
3    occurred or otherwise appears likely to occur if not
4    prohibited.
5        (2) Grant of exclusive possession of residence.
6    Prohibit respondent from entering or remaining in any
7    residence, household, or premises of the petitioner,
8    including one owned or leased by respondent, if petitioner
9    has a right to occupancy thereof. The grant of exclusive
10    possession of the residence, household, or premises shall
11    not affect title to real property, nor shall the court be
12    limited by the standard set forth in subsection (c-2) of
13    Section 501 of the Illinois Marriage and Dissolution of
14    Marriage Act.
15            (A) Right to occupancy. A party has a right to
16        occupancy of a residence or household if it is solely
17        or jointly owned or leased by that party, that party's
18        spouse, a person with a legal duty to support that
19        party or a minor child in that party's care, or by any
20        person or entity other than the opposing party that
21        authorizes that party's occupancy (e.g., a domestic
22        violence shelter). Standards set forth in subparagraph
23        (B) shall not preclude equitable relief.
24            (B) Presumption of hardships. If petitioner and
25        respondent each has the right to occupancy of a
26        residence or household, the court shall balance (i)

 

 

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1        the hardships to respondent and any minor child or
2        dependent adult in respondent's care resulting from
3        entry of this remedy with (ii) the hardships to
4        petitioner and any minor child or dependent adult in
5        petitioner's care resulting from continued exposure to
6        the risk of abuse (should petitioner remain at the
7        residence or household) or from loss of possession of
8        the residence or household (should petitioner leave to
9        avoid the risk of abuse). When determining the balance
10        of hardships, the court shall also take into account
11        the accessibility of the residence or household.
12        Hardships need not be balanced if respondent does not
13        have a right to occupancy.
14            The balance of hardships is presumed to favor
15        possession by petitioner unless the presumption is
16        rebutted by a preponderance of the evidence, showing
17        that the hardships to respondent substantially
18        outweigh the hardships to petitioner and any minor
19        child or dependent adult in petitioner's care. The
20        court, on the request of petitioner or on its own
21        motion, may order respondent to provide suitable,
22        accessible, alternate housing for petitioner instead
23        of excluding respondent from a mutual residence or
24        household.
25        (3) Stay away order and additional prohibitions. Order
26    respondent to stay away from petitioner or any other

 

 

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1    person protected by the order of protection, or prohibit
2    respondent from entering or remaining present at
3    petitioner's school, place of employment, or other
4    specified places at times when petitioner is present, or
5    both, if reasonable, given the balance of hardships.
6    Hardships need not be balanced for the court to enter a
7    stay away order or prohibit entry if respondent has no
8    right to enter the premises.
9            (A) If an order of protection grants petitioner
10        exclusive possession of the residence, or prohibits
11        respondent from entering the residence, or orders
12        respondent to stay away from petitioner or other
13        protected persons, then the court may allow respondent
14        access to the residence to remove items of clothing
15        and personal adornment used exclusively by respondent,
16        medications, and other items as the court directs. The
17        right to access shall be exercised on only one
18        occasion as the court directs and in the presence of an
19        agreed-upon adult third party or law enforcement
20        officer.
21            (B) When the petitioner and the respondent attend
22        the same public, private, or non-public elementary,
23        middle, or high school, the court when issuing an
24        order of protection and providing relief shall
25        consider the severity of the act, any continuing
26        physical danger or emotional distress to the

 

 

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1        petitioner, the educational rights guaranteed to the
2        petitioner and respondent under federal and State law,
3        the availability of a transfer of the respondent to
4        another school, a change of placement or a change of
5        program of the respondent, the expense, difficulty,
6        and educational disruption that would be caused by a
7        transfer of the respondent to another school, and any
8        other relevant facts of the case. The court may order
9        that the respondent not attend the public, private, or
10        non-public elementary, middle, or high school attended
11        by the petitioner, order that the respondent accept a
12        change of placement or change of program, as
13        determined by the school district or private or
14        non-public school, or place restrictions on the
15        respondent's movements within the school attended by
16        the petitioner. The respondent bears the burden of
17        proving by a preponderance of the evidence that a
18        transfer, change of placement, or change of program of
19        the respondent is not available. The respondent also
20        bears the burden of production with respect to the
21        expense, difficulty, and educational disruption that
22        would be caused by a transfer of the respondent to
23        another school. A transfer, change of placement, or
24        change of program is not unavailable to the respondent
25        solely on the ground that the respondent does not
26        agree with the school district's or private or

 

 

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1        non-public school's transfer, change of placement, or
2        change of program or solely on the ground that the
3        respondent fails or refuses to consent or otherwise
4        does not take an action required to effectuate a
5        transfer, change of placement, or change of program.
6        When a court orders a respondent to stay away from the
7        public, private, or non-public school attended by the
8        petitioner and the respondent requests a transfer to
9        another attendance center within the respondent's
10        school district or private or non-public school, the
11        school district or private or non-public school shall
12        have sole discretion to determine the attendance
13        center to which the respondent is transferred. In the
14        event the court order results in a transfer of the
15        minor respondent to another attendance center, a
16        change in the respondent's placement, or a change of
17        the respondent's program, the parents, guardian, or
18        legal custodian of the respondent is responsible for
19        transportation and other costs associated with the
20        transfer or change.
21            (C) The court may order the parents, guardian, or
22        legal custodian of a minor respondent to take certain
23        actions or to refrain from taking certain actions to
24        ensure that the respondent complies with the order. In
25        the event the court orders a transfer of the
26        respondent to another school, the parents, guardian,

 

 

HB3099- 30 -LRB103 29433 LNS 55824 b

1        or legal custodian of the respondent is responsible
2        for transportation and other costs associated with the
3        change of school by the respondent.
4        (4) Counseling. Require or recommend the respondent to
5    undergo counseling for a specified duration with a social
6    worker, psychologist, clinical psychologist,
7    psychiatrist, family service agency, alcohol or substance
8    abuse program, mental health center guidance counselor,
9    agency providing services to elders, program designed for
10    domestic violence abusers or any other guidance service
11    the court deems appropriate. The Court may order the
12    respondent in any intimate partner relationship to report
13    to an Illinois Department of Human Services protocol
14    approved partner abuse intervention program for an
15    assessment and to follow all recommended treatment.
16        (5) Physical care and possession of the minor child.
17    In order to protect the minor child from abuse, neglect,
18    or unwarranted separation from the person who has been the
19    minor child's primary caretaker, or to otherwise protect
20    the well-being of the minor child, the court may do either
21    or both of the following: (i) grant petitioner physical
22    care or possession of the minor child, or both, or (ii)
23    order respondent to return a minor child to, or not remove
24    a minor child from, the physical care of a parent or person
25    in loco parentis.
26        If a court finds, after a hearing, that respondent has

 

 

HB3099- 31 -LRB103 29433 LNS 55824 b

1    committed abuse (as defined in Section 103) of a minor
2    child, there shall be a rebuttable presumption that
3    awarding physical care to respondent would not be in the
4    minor child's best interest.
5        (6) Temporary allocation of parental responsibilities:
6    significant decision-making. Award temporary
7    decision-making responsibility to petitioner in accordance
8    with this Section, the Illinois Marriage and Dissolution
9    of Marriage Act, the Illinois Parentage Act of 2015, and
10    this State's Uniform Child-Custody Jurisdiction and
11    Enforcement Act.
12        If a court finds, after a hearing, that respondent has
13    committed abuse (as defined in Section 103) of a minor
14    child, there shall be a rebuttable presumption that
15    awarding temporary significant decision-making
16    responsibility to respondent would not be in the child's
17    best interest.
18        (7) Parenting time. Determine the parenting time, if
19    any, of respondent in any case in which the court awards
20    physical care or allocates temporary significant
21    decision-making responsibility of a minor child to
22    petitioner. The court shall restrict or deny respondent's
23    parenting time with a minor child if the court finds that
24    respondent has done or is likely to do any of the
25    following: (i) abuse or endanger the minor child during
26    parenting time; (ii) use the parenting time as an

 

 

HB3099- 32 -LRB103 29433 LNS 55824 b

1    opportunity to abuse or harass petitioner or petitioner's
2    family or household members; (iii) improperly conceal or
3    detain the minor child; or (iv) otherwise act in a manner
4    that is not in the best interests of the minor child. The
5    court shall not be limited by the standards set forth in
6    Section 603.10 of the Illinois Marriage and Dissolution of
7    Marriage Act. If the court grants parenting time, the
8    order shall specify dates and times for the parenting time
9    to take place or other specific parameters or conditions
10    that are appropriate. No order for parenting time shall
11    refer merely to the term "reasonable parenting time".
12        Petitioner may deny respondent access to the minor
13    child if, when respondent arrives for parenting time,
14    respondent is under the influence of drugs or alcohol and
15    constitutes a threat to the safety and well-being of
16    petitioner or petitioner's minor children or is behaving
17    in a violent or abusive manner.
18        If necessary to protect any member of petitioner's
19    family or household from future abuse, respondent shall be
20    prohibited from coming to petitioner's residence to meet
21    the minor child for parenting time, and the parties shall
22    submit to the court their recommendations for reasonable
23    alternative arrangements for parenting time. A person may
24    be approved to supervise parenting time only after filing
25    an affidavit accepting that responsibility and
26    acknowledging accountability to the court.

 

 

HB3099- 33 -LRB103 29433 LNS 55824 b

1        (8) Removal or concealment of minor child. Prohibit
2    respondent from removing a minor child from the State or
3    concealing the child within the State.
4        (9) Order to appear. Order the respondent to appear in
5    court, alone or with a minor child, to prevent abuse,
6    neglect, removal or concealment of the child, to return
7    the child to the custody or care of the petitioner or to
8    permit any court-ordered interview or examination of the
9    child or the respondent.
10        (10) Possession of personal property. Grant petitioner
11    exclusive possession of personal property and, if
12    respondent has possession or control, direct respondent to
13    promptly make it available to petitioner, if:
14            (i) petitioner, but not respondent, owns the
15        property; or
16            (ii) the parties own the property jointly; sharing
17        it would risk abuse of petitioner by respondent or is
18        impracticable; and the balance of hardships favors
19        temporary possession by petitioner.
20        If petitioner's sole claim to ownership of the
21    property is that it is marital property, the court may
22    award petitioner temporary possession thereof under the
23    standards of subparagraph (ii) of this paragraph only if a
24    proper proceeding has been filed under the Illinois
25    Marriage and Dissolution of Marriage Act, as now or
26    hereafter amended.

 

 

HB3099- 34 -LRB103 29433 LNS 55824 b

1        No order under this provision shall affect title to
2    property.
3        (11) Protection of property. Forbid the respondent
4    from taking, transferring, encumbering, concealing,
5    damaging or otherwise disposing of any real or personal
6    property, except as explicitly authorized by the court,
7    if:
8            (i) petitioner, but not respondent, owns the
9        property; or
10            (ii) the parties own the property jointly, and the
11        balance of hardships favors granting this remedy.
12        If petitioner's sole claim to ownership of the
13    property is that it is marital property, the court may
14    grant petitioner relief under subparagraph (ii) of this
15    paragraph only if a proper proceeding has been filed under
16    the Illinois Marriage and Dissolution of Marriage Act, as
17    now or hereafter amended.
18        The court may further prohibit respondent from
19    improperly using the financial or other resources of an
20    aged member of the family or household for the profit or
21    advantage of respondent or of any other person.
22        (11.5) Protection of animals. Grant the petitioner the
23    exclusive care, custody, or control of any animal owned,
24    possessed, leased, kept, or held by either the petitioner
25    or the respondent or a minor child residing in the
26    residence or household of either the petitioner or the

 

 

HB3099- 35 -LRB103 29433 LNS 55824 b

1    respondent and order the respondent to stay away from the
2    animal and forbid the respondent from taking,
3    transferring, encumbering, concealing, harming, or
4    otherwise disposing of the animal.
5        (12) Order for payment of support. Order respondent to
6    pay temporary support for the petitioner or any child in
7    the petitioner's care or over whom the petitioner has been
8    allocated parental responsibility, when the respondent has
9    a legal obligation to support that person, in accordance
10    with the Illinois Marriage and Dissolution of Marriage
11    Act, which shall govern, among other matters, the amount
12    of support, payment through the clerk and withholding of
13    income to secure payment. An order for child support may
14    be granted to a petitioner with lawful physical care of a
15    child, or an order or agreement for physical care of a
16    child, prior to entry of an order allocating significant
17    decision-making responsibility. Such a support order shall
18    expire upon entry of a valid order allocating parental
19    responsibility differently and vacating the petitioner's
20    significant decision-making authority, unless otherwise
21    provided in the order.
22        (13) Order for payment of losses. Order respondent to
23    pay petitioner for losses suffered as a direct result of
24    the abuse, neglect, or exploitation. Such losses shall
25    include, but not be limited to, medical expenses, lost
26    earnings or other support, repair or replacement of

 

 

HB3099- 36 -LRB103 29433 LNS 55824 b

1    property damaged or taken, reasonable attorney's fees,
2    court costs and moving or other travel expenses, including
3    additional reasonable expenses for temporary shelter and
4    restaurant meals.
5            (i) Losses affecting family needs. If a party is
6        entitled to seek maintenance, child support or
7        property distribution from the other party under the
8        Illinois Marriage and Dissolution of Marriage Act, as
9        now or hereafter amended, the court may order
10        respondent to reimburse petitioner's actual losses, to
11        the extent that such reimbursement would be
12        "appropriate temporary relief", as authorized by
13        subsection (a)(3) of Section 501 of that Act.
14            (ii) Recovery of expenses. In the case of an
15        improper concealment or removal of a minor child, the
16        court may order respondent to pay the reasonable
17        expenses incurred or to be incurred in the search for
18        and recovery of the minor child, including but not
19        limited to legal fees, court costs, private
20        investigator fees, and travel costs.
21        (14) Prohibition of entry. Prohibit the respondent
22    from entering or remaining in the residence or household
23    while the respondent is under the influence of alcohol or
24    drugs and constitutes a threat to the safety and
25    well-being of the petitioner or the petitioner's children.
26        (14.5) Prohibition of firearm possession.

 

 

HB3099- 37 -LRB103 29433 LNS 55824 b

1            (a) Prohibit a respondent against whom an order of
2        protection was issued from possessing any firearms
3        during the duration of the order if the order:
4                (1) was issued after a hearing of which such
5            person received actual notice, and at which such
6            person had an opportunity to participate;
7                (2) restrains such person from harassing,
8            stalking, or threatening an intimate partner of
9            such person or child of such intimate partner or
10            person, or engaging in other conduct that would
11            place an intimate partner in reasonable fear of
12            bodily injury to the partner or child; and
13                (3)(i) includes a finding that such person
14            represents a credible threat to the physical
15            safety of such intimate partner or child; or (ii)
16            by its terms explicitly prohibits the use,
17            attempted use, or threatened use of physical force
18            against such intimate partner or child that would
19            reasonably be expected to cause bodily injury.
20        Any Firearm Owner's Identification Card in the
21        possession of the respondent, except as provided in
22        subsection (b), shall be ordered by the court to be
23        turned over to the local law enforcement agency. The
24        local law enforcement agency shall immediately mail
25        the card to the Illinois State Police Firearm Owner's
26        Identification Card Office for safekeeping. The court

 

 

HB3099- 38 -LRB103 29433 LNS 55824 b

1        shall issue a warrant for seizure of any firearm in the
2        possession of the respondent, to be kept by the local
3        law enforcement agency for safekeeping, except as
4        provided in subsection (b). The period of safekeeping
5        shall be for the duration of the order of protection.
6        The firearm or firearms and Firearm Owner's
7        Identification Card, if unexpired, shall at the
8        respondent's request, be returned to the respondent at
9        the end of the order of protection. It is the
10        respondent's responsibility to notify the Illinois
11        State Police Firearm Owner's Identification Card
12        Office.
13            (b) If the respondent is a peace officer as
14        defined in Section 2-13 of the Criminal Code of 2012,
15        the court shall order that any firearms used by the
16        respondent in the performance of his or her duties as a
17        peace officer be surrendered to the chief law
18        enforcement executive of the agency in which the
19        respondent is employed, who shall retain the firearms
20        for safekeeping for the duration of the order of
21        protection.
22            (b-5) A local law enforcement agency shall give
23        written notice to the respondent of an order of
24        protection of the respondent's obligations regarding
25        any Firearm Owner's Identification Card or firearms in
26        the respondent's possession. A local law enforcement

 

 

HB3099- 39 -LRB103 29433 LNS 55824 b

1        agency has an affirmative duty to inquire with a
2        respondent being served with an order of protection as
3        to the obligations of the respondent to tender the
4        respondent's Firearm Owner's Identification Card and
5        firearms under the order of protection. A respondent
6        who refuses to tender the respondent's Firearm Owner's
7        Identification Card and firearms after a local law
8        enforcement agency has given the respondent written
9        notice under this subparagraph is guilty of a Class A
10        misdemeanor.
11            (c) Upon expiration of the period of safekeeping,
12        if the firearms or Firearm Owner's Identification Card
13        cannot be returned to respondent because respondent
14        cannot be located, fails to respond to requests to
15        retrieve the firearms, or is not lawfully eligible to
16        possess a firearm, upon petition from the local law
17        enforcement agency, the court may order the local law
18        enforcement agency to destroy the firearms, use the
19        firearms for training purposes, or for any other
20        application as deemed appropriate by the local law
21        enforcement agency; or that the firearms be turned
22        over to a third party who is lawfully eligible to
23        possess firearms, and who does not reside with
24        respondent.
25        (15) Prohibition of access to records. If an order of
26    protection prohibits respondent from having contact with

 

 

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1    the minor child, or if petitioner's address is omitted
2    under subsection (b) of Section 203, or if necessary to
3    prevent abuse or wrongful removal or concealment of a
4    minor child, the order shall deny respondent access to,
5    and prohibit respondent from inspecting, obtaining, or
6    attempting to inspect or obtain, school or any other
7    records of the minor child who is in the care of
8    petitioner.
9        (16) Order for payment of shelter services. Order
10    respondent to reimburse a shelter providing temporary
11    housing and counseling services to the petitioner for the
12    cost of the services, as certified by the shelter and
13    deemed reasonable by the court.
14        (17) Order for injunctive relief. Enter injunctive
15    relief necessary or appropriate to prevent further abuse
16    of a family or household member or further abuse, neglect,
17    or exploitation of a high-risk adult with disabilities or
18    to effectuate one of the granted remedies, if supported by
19    the balance of hardships. If the harm to be prevented by
20    the injunction is abuse or any other harm that one of the
21    remedies listed in paragraphs (1) through (16) of this
22    subsection is designed to prevent, no further evidence is
23    necessary that the harm is an irreparable injury.
24        (18) Telephone services.
25            (A) Unless a condition described in subparagraph
26        (B) of this paragraph exists, the court may, upon

 

 

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1        request by the petitioner, order a wireless telephone
2        service provider to transfer to the petitioner the
3        right to continue to use a telephone number or numbers
4        indicated by the petitioner and the financial
5        responsibility associated with the number or numbers,
6        as set forth in subparagraph (C) of this paragraph.
7        For purposes of this paragraph (18), the term
8        "wireless telephone service provider" means a provider
9        of commercial mobile service as defined in 47 U.S.C.
10        332. The petitioner may request the transfer of each
11        telephone number that the petitioner, or a minor child
12        in his or her custody, uses. The clerk of the court
13        shall serve the order on the wireless telephone
14        service provider's agent for service of process
15        provided to the Illinois Commerce Commission. The
16        order shall contain all of the following:
17                (i) The name and billing telephone number of
18            the account holder including the name of the
19            wireless telephone service provider that serves
20            the account.
21                (ii) Each telephone number that will be
22            transferred.
23                (iii) A statement that the provider transfers
24            to the petitioner all financial responsibility for
25            and right to the use of any telephone number
26            transferred under this paragraph.

 

 

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1            (B) A wireless telephone service provider shall
2        terminate the respondent's use of, and shall transfer
3        to the petitioner use of, the telephone number or
4        numbers indicated in subparagraph (A) of this
5        paragraph unless it notifies the petitioner, within 72
6        hours after it receives the order, that one of the
7        following applies:
8                (i) The account holder named in the order has
9            terminated the account.
10                (ii) A difference in network technology would
11            prevent or impair the functionality of a device on
12            a network if the transfer occurs.
13                (iii) The transfer would cause a geographic or
14            other limitation on network or service provision
15            to the petitioner.
16                (iv) Another technological or operational
17            issue would prevent or impair the use of the
18            telephone number if the transfer occurs.
19            (C) The petitioner assumes all financial
20        responsibility for and right to the use of any
21        telephone number transferred under this paragraph. In
22        this paragraph, "financial responsibility" includes
23        monthly service costs and costs associated with any
24        mobile device associated with the number.
25            (D) A wireless telephone service provider may
26        apply to the petitioner its routine and customary

 

 

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1        requirements for establishing an account or
2        transferring a number, including requiring the
3        petitioner to provide proof of identification,
4        financial information, and customer preferences.
5            (E) Except for willful or wanton misconduct, a
6        wireless telephone service provider is immune from
7        civil liability for its actions taken in compliance
8        with a court order issued under this paragraph.
9            (F) All wireless service providers that provide
10        services to residential customers shall provide to the
11        Illinois Commerce Commission the name and address of
12        an agent for service of orders entered under this
13        paragraph (18). Any change in status of the registered
14        agent must be reported to the Illinois Commerce
15        Commission within 30 days of such change.
16            (G) The Illinois Commerce Commission shall
17        maintain the list of registered agents for service for
18        each wireless telephone service provider on the
19        Commission's website. The Commission may consult with
20        wireless telephone service providers and the Circuit
21        Court Clerks on the manner in which this information
22        is provided and displayed.
23    (c) Relevant factors; findings.
24        (1) In determining whether to grant a specific remedy,
25    other than payment of support, the court shall consider
26    relevant factors, including but not limited to the

 

 

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1    following:
2            (i) the nature, frequency, severity, pattern and
3        consequences of the respondent's past abuse, neglect
4        or exploitation of the petitioner or any family or
5        household member, including the concealment of his or
6        her location in order to evade service of process or
7        notice, and the likelihood of danger of future abuse,
8        neglect, or exploitation to petitioner or any member
9        of petitioner's or respondent's family or household;
10        and
11            (ii) the danger that any minor child will be
12        abused or neglected or improperly relocated from the
13        jurisdiction, improperly concealed within the State or
14        improperly separated from the child's primary
15        caretaker.
16        (2) In comparing relative hardships resulting to the
17    parties from loss of possession of the family home, the
18    court shall consider relevant factors, including but not
19    limited to the following:
20            (i) availability, accessibility, cost, safety,
21        adequacy, location and other characteristics of
22        alternate housing for each party and any minor child
23        or dependent adult in the party's care;
24            (ii) the effect on the party's employment; and
25            (iii) the effect on the relationship of the party,
26        and any minor child or dependent adult in the party's

 

 

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1        care, to family, school, church and community.
2        (3) Subject to the exceptions set forth in paragraph
3    (4) of this subsection, the court shall make its findings
4    in an official record or in writing, and shall at a minimum
5    set forth the following:
6            (i) That the court has considered the applicable
7        relevant factors described in paragraphs (1) and (2)
8        of this subsection.
9            (ii) Whether the conduct or actions of respondent,
10        unless prohibited, will likely cause irreparable harm
11        or continued abuse.
12            (iii) Whether it is necessary to grant the
13        requested relief in order to protect petitioner or
14        other alleged abused persons.
15        (4) For purposes of issuing an ex parte emergency
16    order of protection, the court, as an alternative to or as
17    a supplement to making the findings described in
18    paragraphs (c)(3)(i) through (c)(3)(iii) of this
19    subsection, may use the following procedure:
20        When a verified petition for an emergency order of
21    protection in accordance with the requirements of Sections
22    203 and 217 is presented to the court, the court shall
23    examine petitioner on oath or affirmation. An emergency
24    order of protection shall be issued by the court if it
25    appears from the contents of the petition and the
26    examination of petitioner that the averments are

 

 

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1    sufficient to indicate abuse by respondent and to support
2    the granting of relief under the issuance of the emergency
3    order of protection.
4        (5) Never married parties. No rights or
5    responsibilities for a minor child born outside of
6    marriage attach to a putative father until a father and
7    child relationship has been established under the Illinois
8    Parentage Act of 1984, the Illinois Parentage Act of 2015,
9    the Illinois Public Aid Code, Section 12 of the Vital
10    Records Act, the Juvenile Court Act of 1987, the Probate
11    Act of 1975, the Revised Uniform Reciprocal Enforcement of
12    Support Act, the Uniform Interstate Family Support Act,
13    the Expedited Child Support Act of 1990, any judicial,
14    administrative, or other act of another state or
15    territory, any other Illinois statute, or by any foreign
16    nation establishing the father and child relationship, any
17    other proceeding substantially in conformity with the
18    Personal Responsibility and Work Opportunity
19    Reconciliation Act of 1996 (Pub. L. 104-193), or where
20    both parties appeared in open court or at an
21    administrative hearing acknowledging under oath or
22    admitting by affirmation the existence of a father and
23    child relationship. Absent such an adjudication, finding,
24    or acknowledgment, no putative father shall be granted
25    temporary allocation of parental responsibilities,
26    including parenting time with the minor child, or physical

 

 

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1    care and possession of the minor child, nor shall an order
2    of payment for support of the minor child be entered.
3    (d) Balance of hardships; findings. If the court finds
4that the balance of hardships does not support the granting of
5a remedy governed by paragraph (2), (3), (10), (11), or (16) of
6subsection (b) of this Section, which may require such
7balancing, the court's findings shall so indicate and shall
8include a finding as to whether granting the remedy will
9result in hardship to respondent that would substantially
10outweigh the hardship to petitioner from denial of the remedy.
11The findings shall be an official record or in writing.
12    (e) Denial of remedies. Denial of any remedy shall not be
13based, in whole or in part, on evidence that:
14        (1) Respondent has cause for any use of force, unless
15    that cause satisfies the standards for justifiable use of
16    force provided by Article 7 of the Criminal Code of 2012;
17        (2) Respondent was voluntarily intoxicated;
18        (3) Petitioner acted in self-defense or defense of
19    another, provided that, if petitioner utilized force, such
20    force was justifiable under Article 7 of the Criminal Code
21    of 2012;
22        (4) Petitioner did not act in self-defense or defense
23    of another;
24        (5) Petitioner left the residence or household to
25    avoid further abuse, neglect, or exploitation by
26    respondent;

 

 

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1        (6) Petitioner did not leave the residence or
2    household to avoid further abuse, neglect, or exploitation
3    by respondent;
4        (7) Conduct by any family or household member excused
5    the abuse, neglect, or exploitation by respondent, unless
6    that same conduct would have excused such abuse, neglect,
7    or exploitation if the parties had not been family or
8    household members.
9(Source: P.A. 102-538, eff. 8-20-21.)