093_HB2524eng

 
HB2524 Engrossed                     LRB093 09826 RLC 10073 b

 1        AN ACT in relation to domestic violence.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Illinois Domestic Violence Act of 1986 is
 5    amended by changing Sections 103 and 214 as follows:

 6        (750 ILCS 60/103) (from Ch. 40, par. 2311-3)
 7        Sec. 103.  Definitions.  For the purposes  of  this  Act,
 8    the following terms shall have the following meanings:
 9        (1)  "Abuse"    means    physical    abuse,   harassment,
10    intimidation  of  a  dependent,  interference  with  personal
11    liberty  or  willful  deprivation  but   does   not   include
12    reasonable  direction  of a minor child by a parent or person
13    in loco parentis.
14        (2)  "Adult with disabilities" means an elder adult  with
15    disabilities  or  a  high-risk  adult  with  disabilities.  A
16    person may be an adult with disabilities for purposes of this
17    Act even though he or  she  has  never  been  adjudicated  an
18    incompetent  adult.   However,  no  court  proceeding  may be
19    initiated  or  continued  on  behalf   of   an   adult   with
20    disabilities   over   that  adult's  objection,  unless  such
21    proceeding is approved by his or her legal guardian, if any.
22        (3)  "Domestic  violence"  means  abuse  as  defined   in
23    paragraph (1).
24        (4)  "Elder  adult  with  disabilities"  means  an  adult
25    prevented  by  advanced age from taking appropriate action to
26    protect  himself  or  herself  from  abuse  by  a  family  or
27    household member.
28        (5)  "Exploitation"   means   the   illegal,    including
29    tortious,  use  of  a high-risk adult with disabilities or of
30    the  assets  or  resources  of   a   high-risk   adult   with
31    disabilities.   Exploitation includes, but is not limited to,
 
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 1    the misappropriation of assets or resources  of  a  high-risk
 2    adult  with  disabilities  by undue influence, by breach of a
 3    fiduciary relationship, by fraud, deception, or extortion, or
 4    the use of such assets or resources in a manner  contrary  to
 5    law.
 6        (6)  "Family   or  household  members"  include  spouses,
 7    former spouses, parents,  children,  stepchildren  and  other
 8    persons  related  by  blood  or by present or prior marriage,
 9    persons who share  or  formerly  shared  a  common  dwelling,
10    persons who have or allegedly have a child in common, persons
11    who  share  or allegedly share a blood relationship through a
12    child, persons who have or have had a  dating  or  engagement
13    relationship,  persons  with  disabilities and their personal
14    assistants, and caregivers as defined  in  paragraph  (3)  of
15    subsection (b) of Section 12-21 of the Criminal Code of 1961.
16    For   purposes   of   this   paragraph,   neither   a  casual
17    acquaintanceship  nor  ordinary  fraternization   between   2
18    individuals in business or social contexts shall be deemed to
19    constitute  a dating relationship. In the case of a high-risk
20    adult  with  disabilities,  "family  or  household   members"
21    includes   any  person  who  has  the  responsibility  for  a
22    high-risk adult as a result of a family relationship  or  who
23    has  assumed  responsibility for all or a portion of the care
24    of a high-risk adult with  disabilities  voluntarily,  or  by
25    express or implied contract, or by court order.
26        (7)  "Harassment"  means  knowing  conduct  which  is not
27    necessary to accomplish a purpose that  is  reasonable  under
28    the  circumstances; would cause a reasonable person emotional
29    distress;  and  does  cause   emotional   distress   to   the
30    petitioner.  "Harassment"  also  means stalking as defined in
31    Section 12-7.3 of the  Criminal  Code  of  1961.  Unless  the
32    presumption  is  rebutted by a preponderance of the evidence,
33    the following types of conduct shall  be  presumed  to  cause
34    emotional distress:
 
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 1             (i)  creating a disturbance at petitioner's place of
 2        employment or school;
 3             (ii)  repeatedly  telephoning  petitioner's place of
 4        employment, home or residence;
 5             (iii)  repeatedly following petitioner  about  in  a
 6        public place or places;
 7             (iv)  repeatedly     keeping     petitioner    under
 8        surveillance by remaining  present  outside  his  or  her
 9        home, school, place of employment, vehicle or other place
10        occupied  by  petitioner  or  by  peering in petitioner's
11        windows;
12             (v)  improperly  concealing  a  minor   child   from
13        petitioner, repeatedly threatening to improperly remove a
14        minor child of petitioner's from the jurisdiction or from
15        the  physical  care of petitioner, repeatedly threatening
16        to conceal a minor child from  petitioner,  or  making  a
17        single  such  threat  following  an  actual  or attempted
18        improper removal or concealment,  unless  respondent  was
19        fleeing an incident or pattern of domestic violence; or
20             (vi)  threatening  physical  force,  confinement  or
21        restraint on one or more occasions.
22        (8)  "High-risk  adult  with disabilities" means a person
23    aged 18 or over whose physical or mental  disability  impairs
24    his  or  her ability to seek or obtain protection from abuse,
25    neglect, or exploitation.
26        (9)  "Interference   with   personal    liberty"    means
27    committing   or   threatening   physical  abuse,  harassment,
28    intimidation or willful deprivation so as to  compel  another
29    to  engage  in  conduct  from  which she or he has a right to
30    abstain or to refrain from conduct in which she or he  has  a
31    right to engage.
32        (10)  "Intimidation  of  a  dependent" means subjecting a
33    person who is dependent because of age, health or  disability
34    to  participation  in  or  the witnessing of:  physical force
 
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 1    against another  or  physical  confinement  or  restraint  of
 2    another  which  constitutes physical abuse as defined in this
 3    Act, regardless of whether the abused person is a  family  or
 4    household member.
 5        (11) (A)  "Neglect"  means  the  failure to exercise that
 6    degree of care toward a  high-risk  adult  with  disabilities
 7    which   a   reasonable   person   would  exercise  under  the
 8    circumstances and includes but is not limited to:
 9             (i)  the failure to take reasonable steps to protect
10        a high-risk adult with disabilities from acts of abuse;
11             (ii)  the   repeated,   careless    imposition    of
12        unreasonable confinement;
13             (iii)  the   failure   to   provide  food,  shelter,
14        clothing, and personal hygiene to a high-risk adult  with
15        disabilities who requires such assistance;
16             (iv)  the    failure    to   provide   medical   and
17        rehabilitative care for the physical  and  mental  health
18        needs of a high-risk adult with disabilities; or
19             (v)  the  failure  to protect a high-risk adult with
20        disabilities from health and safety hazards.
21        (B)  Nothing in this subsection (10) shall  be  construed
22    to  impose  a  requirement  that  assistance be provided to a
23    high-risk adult with disabilities over his or  her  objection
24    in  the  absence  of  a  court  order,  nor to create any new
25    affirmative duty to provide support to a high-risk adult with
26    disabilities.
27        (12)  "Order of protection"  means  an  emergency  order,
28    interim order or plenary order, granted pursuant to this Act,
29    which  includes  any  or  all  of  the remedies authorized by
30    Section 214 of this Act.
31        (13)  "Petitioner" may mean not only any named petitioner
32    for the order of protection and any named victim of abuse  on
33    whose  behalf  the  petition   is brought, but also any other
34    person protected by this Act.
 
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 1        (14)  "Physical abuse" includes sexual  abuse  and  means
 2    any of the following:
 3             (i)  knowing  or  reckless  use  of  physical force,
 4        confinement or restraint;
 5             (ii)  knowing,  repeated   and   unnecessary   sleep
 6        deprivation; or
 7             (iii)  knowing  or reckless conduct which creates an
 8        immediate risk of physical harm.
 9        (15)  "Willful  deprivation"  means  wilfully  denying  a
10    person who because of  age,  health  or  disability  requires
11    medication,  medical  care,  shelter,  accessible  shelter or
12    services,  food,  therapeutic  device,  or   other   physical
13    assistance,  and  thereby exposing that person to the risk of
14    physical, mental or emotional harm,  except  with  regard  to
15    medical  care  or  treatment  when  the  dependent person has
16    expressed an intent to forgo such medical care or  treatment.
17    This  paragraph  does  not create any new affirmative duty to
18    provide support to dependent persons.
19    (Source: P.A. 92-253, eff. 1-1-02.)

20        (750 ILCS 60/214) (from Ch. 40, par. 2312-14)
21        Sec. 214.  Order of protection; remedies.
22        (a)  Issuance  of  order.   If  the  court   finds   that
23    petitioner has been abused by a family or household member or
24    that  petitioner  is  a  high-risk adult who has been abused,
25    neglected, or exploited, as defined in this Act, an order  of
26    protection  prohibiting  the  abuse, neglect, or exploitation
27    shall issue; provided that petitioner must also  satisfy  the
28    requirements   of   one   of   the   following  Sections,  as
29    appropriate: Section 217 on emergency orders, Section 218  on
30    interim orders, or Section 219 on plenary orders.  Petitioner
31    shall not be denied an order of protection because petitioner
32    or respondent is a minor. The court, when determining whether
33    or  not  to  issue  an order of protection, shall not require
 
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 1    physical manifestations of abuse on the person of the victim.
 2    Modification and extension  of  prior  orders  of  protection
 3    shall be in accordance with this Act.
 4        (b)  Remedies and standards.  The remedies to be included
 5    in  an  order of protection shall be determined in accordance
 6    with this Section and  one  of  the  following  Sections,  as
 7    appropriate:  Section 217 on emergency orders, Section 218 on
 8    interim orders, and  Section  219  on  plenary  orders.   The
 9    remedies  listed  in  this subsection shall be in addition to
10    other civil or criminal remedies available to petitioner.
11             (1)  Prohibition of abuse, neglect, or exploitation.
12        Prohibit  respondent's  harassment,   interference   with
13        personal  liberty,  intimidation of a dependent, physical
14        abuse, or willful deprivation, neglect  or  exploitation,
15        as defined in this Act, or stalking of the petitioner, as
16        defined  in  Section 12-7.3 of the Criminal Code of 1961,
17        if such abuse, neglect, or exploitation, or stalking  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 or household of the petitioner,  including  one
23        owned  or leased by respondent, if petitioner has a right
24        to occupancy thereof. The grant of  exclusive  possession
25        of the residence shall not affect title to real property,
26        nor  shall the court be limited by the standard set forth
27        in Section 701 of the Illinois Marriage  and  Dissolution
28        of Marriage Act.
29                  (A)  Right  to  occupancy.  A party has a right
30             to occupancy of a residence or household  if  it  is
31             solely  or  jointly  owned  or leased by that party,
32             that party's spouse, a person with a legal  duty  to
33             support  that party or a minor child in that party's
34             care, or by any person  or  entity  other  than  the
 
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 1             opposing   party   that   authorizes   that  party's
 2             occupancy  (e.g.,  a  domestic  violence   shelter).
 3             Standards  set  forth  in subparagraph (B) shall not
 4             preclude equitable relief.
 5                  (B)  Presumption of hardships.   If  petitioner
 6             and  respondent each has the right to occupancy of a
 7             residence or household, the court shall balance  (i)
 8             the  hardships  to respondent and any minor child or
 9             dependent adult in respondent's care resulting  from
10             entry  of  this  remedy  with  (ii) the hardships to
11             petitioner and any minor child or dependent adult in
12             petitioner's care resulting from continued  exposure
13             to  the  risk  of abuse (should petitioner remain at
14             the  residence  or  household)  or  from   loss   of
15             possession  of  the  residence  or household (should
16             petitioner leave to avoid the risk of abuse).   When
17             determining  the  balance  of  hardships,  the court
18             shall also take into account  the  accessibility  of
19             the  residence  or  household. Hardships need not be
20             balanced if respondent does  not  have  a  right  to
21             occupancy.
22                  The  balance  of hardships is presumed to favor
23             possession by petitioner unless the  presumption  is
24             rebutted by a preponderance of the evidence, showing
25             that   the  hardships  to  respondent  substantially
26             outweigh the hardships to petitioner and  any  minor
27             child  or dependent adult in petitioner's care.  The
28             court, on the request of petitioner or  on  its  own
29             motion,  may  order  respondent to provide suitable,
30             accessible, alternate housing for petitioner instead
31             of excluding respondent from a mutual  residence  or
32             household.
33             (3)  Stay  away  order  and additional prohibitions.
34        Order respondent to stay  away  from  petitioner  or  any
 
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 1        other  person  protected  by  the order of protection, or
 2        prohibit 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             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 and
15        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  occasion
18        as   the   court  directs  and  in  the  presence  of  an
19        agreed-upon adult third party or law enforcement officer.
20             (4)  Counseling.    Require   or    recommend    the
21        respondent to undergo counseling for a specified duration
22        with    a    social    worker,   psychologist,   clinical
23        psychologist,  psychiatrist,   family   service   agency,
24        alcohol  or substance abuse program, mental health center
25        guidance counselor, agency providing services to  elders,
26        program  designed  for  domestic  violence abusers or any
27        other guidance service the court deems appropriate.
28             (5)  Physical  care  and  possession  of  the  minor
29        child.  In order to protect the minor child  from  abuse,
30        neglect,  or  unwarranted  separation from the person who
31        has been the  minor  child's  primary  caretaker,  or  to
32        otherwise  protect the well-being of the minor child, the
33        court may do either or both of the following:  (i)  grant
34        petitioner  physical  care  or  possession  of  the minor
 
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 1        child, or both, or (ii)  order  respondent  to  return  a
 2        minor  child  to,  or  not remove a minor child from, the
 3        physical care of a parent or person in loco parentis.
 4             If a court finds, after a hearing,  that  respondent
 5        has  committed  abuse  (as  defined  in Section 103) of a
 6        minor child, there shall be a rebuttable presumption that
 7        awarding physical care to respondent would not be in  the
 8        minor child's best interest.
 9             (6)  Temporary  legal custody. Award temporary legal
10        custody to petitioner in accordance  with  this  Section,
11        the  Illinois  Marriage  and Dissolution of Marriage Act,
12        the Illinois Parentage Act  of  1984,  and  this  State's
13        Uniform Child Custody Jurisdiction Act.
14             If  a  court finds, after a hearing, that respondent
15        has committed abuse (as defined  in  Section  103)  of  a
16        minor child, there shall be a rebuttable presumption that
17        awarding  temporary legal custody to respondent would not
18        be in the child's best interest.
19             (7)  Visitation.  Determine the  visitation  rights,
20        if  any,  of  respondent  in  any case in which the court
21        awards physical care or  temporary  legal  custody  of  a
22        minor  child  to petitioner.  The court shall restrict or
23        deny respondent's visitation with a minor  child  if  the
24        court  finds  that respondent has done or is likely to do
25        any of the following: (i) abuse  or  endanger  the  minor
26        child  during  visitation;  (ii) use the visitation as an
27        opportunity to abuse or harass petitioner or petitioner's
28        family or household members; (iii) improperly conceal  or
29        detain the minor child; or (iv) otherwise act in a manner
30        that  is  not  in  the best interests of the minor child.
31        The court shall not be limited by the standards set forth
32        in Section 607.1 of the Illinois Marriage and Dissolution
33        of Marriage Act.  If the  court  grants  visitation,  the
34        order shall specify dates and times for the visitation to
 
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 1        take  place  or  other  specific parameters or conditions
 2        that are appropriate.   No  order  for  visitation  shall
 3        refer merely to the term "reasonable visitation".
 4             Petitioner  may  deny respondent access to the minor
 5        child  if,  when  respondent  arrives   for   visitation,
 6        respondent is under the influence of drugs or alcohol and
 7        constitutes  a  threat  to  the  safety and well-being of
 8        petitioner or petitioner's minor children or is  behaving
 9        in a violent or abusive manner.
10             If  necessary  to protect any member of petitioner's
11        family or household from future abuse,  respondent  shall
12        be  prohibited  from  coming to petitioner's residence to
13        meet the minor child  for  visitation,  and  the  parties
14        shall  submit  to  the  court  their  recommendations for
15        reasonable alternative arrangements  for  visitation.   A
16        person may be approved to supervise visitation only after
17        filing  an  affidavit  accepting  that responsibility and
18        acknowledging accountability to the court.
19             (8)  Removal or concealment of minor child. Prohibit
20        respondent from removing a minor child from the State  or
21        concealing the child within the State.
22             (9)  Order  to  appear.   Order  the  respondent  to
23        appear  in court, alone or with a minor child, to prevent
24        abuse, neglect, removal or concealment of the  child,  to
25        return the child to the custody or care of the petitioner
26        or  to  permit any court-ordered interview or examination
27        of the child or the respondent.
28             (10)  Possession  of   personal   property.    Grant
29        petitioner exclusive possession of personal property and,
30        if   respondent   has   possession   or  control,  direct
31        respondent to promptly make it available  to  petitioner,
32        if:
33                  (i)  petitioner,  but  not respondent, owns the
34             property; or
 
HB2524 Engrossed            -11-     LRB093 09826 RLC 10073 b
 1                  (ii)  the parties  own  the  property  jointly;
 2             sharing   it  would  risk  abuse  of  petitioner  by
 3             respondent or is impracticable; and the  balance  of
 4             hardships favors 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
 9        a  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
22             the  balance  of  hardships  favors  granting   this
23             remedy.
24             If  petitioner's  sole  claim  to  ownership  of the
25        property is that it is marital property,  the  court  may
26        grant  petitioner  relief under subparagraph (ii) of this
27        paragraph only if a  proper  proceeding  has  been  filed
28        under  the  Illinois Marriage and Dissolution of Marriage
29        Act, as now or hereafter amended.
30             The  court  may  further  prohibit  respondent  from
31        improperly using the financial or other resources  of  an
32        aged  member of the family or household for the profit or
33        advantage of respondent or of any other person.
34             (12)  Order   for   payment   of   support.    Order
 
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 1        respondent to pay temporary support for the petitioner or
 2        any child in the petitioner's care or custody,  when  the
 3        respondent has a legal obligation to support that person,
 4        in  accordance with the Illinois Marriage and Dissolution
 5        of Marriage Act, which shall govern, among other matters,
 6        the amount of support,  payment  through  the  clerk  and
 7        withholding  of  income  to secure payment.  An order for
 8        child support may be granted to a petitioner with  lawful
 9        physical  care  or  custody  of  a  child, or an order or
10        agreement for physical care or custody, prior to entry of
11        an order for legal custody.  Such a support  order  shall
12        expire upon entry of a valid order granting legal custody
13        to  another,  unless  otherwise  provided  in the custody
14        order.
15             (13)  Order for payment of losses. Order  respondent
16        to  pay petitioner for losses suffered as a direct result
17        of the abuse, neglect,  or  exploitation.    Such  losses
18        shall  include,  but not be limited to, medical expenses,
19        lost earnings or other support, repair or replacement  of
20        property  damaged  or  taken, reasonable attorney's fees,
21        court  costs  and  moving  or  other   travel   expenses,
22        including  additional  reasonable  expenses for temporary
23        shelter and restaurant meals.
24                  (i)  Losses affecting family needs.  If a party
25             is entitled to seek maintenance,  child  support  or
26             property distribution from the other party under the
27             Illinois  Marriage  and Dissolution of Marriage Act,
28             as now or hereafter amended,  the  court  may  order
29             respondent  to reimburse petitioner's actual losses,
30             to the  extent  that  such  reimbursement  would  be
31             "appropriate  temporary  relief",  as  authorized by
32             subsection (a)(3) of Section 501 of that Act.
33                  (ii)  Recovery of expenses.  In the case of  an
34             improper  concealment  or  removal of a minor child,
 
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 1             the court may order respondent to pay the reasonable
 2             expenses incurred or to be incurred  in  the  search
 3             for  and  recovery of the minor child, including but
 4             not 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
11        children.
12             (14.5)  Prohibition of firearm possession.
13                  (a)  When a complaint is made under  a  request
14             for  an order of protection, that the respondent has
15             threatened or is likely to  use  firearms  illegally
16             against   the  petitioner,  and  the  respondent  is
17             present in court, or  has  failed  to  appear  after
18             receiving  actual notice, the court shall examine on
19             oath the petitioner, and any witnesses  who  may  be
20             produced.   If  the court is satisfied that there is
21             any danger of the illegal use of firearms, it  shall
22             issue  an  order that any firearms in the possession
23             of the respondent, except as provided in  subsection
24             (b),  be  turned  over  to the local law enforcement
25             agency  for  safekeeping.   If  the  respondent  has
26             failed to appear, the court shall  issue  a  warrant
27             for  seizure of any firearm in the possession of the
28             respondent. The period of safekeeping shall be for a
29             stated period of time not to exceed  2  years.   The
30             firearm   or  firearms  shall  be  returned  to  the
31             respondent at the end of the  stated  period  or  at
32             expiration  of the order of protection, whichever is
33             sooner.
34                  (b)  If the respondent is a  peace  officer  as
 
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 1             defined  in  Section  2-13  of  the Criminal Code of
 2             1961, the court shall order that any  firearms  used
 3             by  the  respondent in the performance of his or her
 4             duties as a peace  officer  be  surrendered  to  the
 5             chief  law  enforcement  executive  of the agency in
 6             which the respondent is employed, who  shall  retain
 7             the  firearms  for safekeeping for the stated period
 8             not to exceed 2 years as  set  forth  in  the  court
 9             order.
10             (15)  Prohibition of access to records.  If an order
11        of  protection  prohibits  respondent from having contact
12        with the minor  child,  or  if  petitioner's  address  is
13        omitted  under  subsection  (b)  of  Section  203,  or if
14        necessary  to  prevent  abuse  or  wrongful  removal   or
15        concealment  of  a  minor  child,  the  order  shall deny
16        respondent  access  to,  and  prohibit  respondent   from
17        inspecting,   obtaining,  or  attempting  to  inspect  or
18        obtain, school or any other records of  the  minor  child
19        who is in the care of petitioner.
20             (16)  Order  for payment of shelter services.  Order
21        respondent to reimburse  a  shelter  providing  temporary
22        housing and counseling services to the petitioner for the
23        cost  of  the  services,  as certified by the shelter and
24        deemed reasonable by the court.
25             (17)  Order for injunctive relief.  Enter injunctive
26        relief necessary or appropriate to prevent further  abuse
27        of  a  family  or  household  member  or  further  abuse,
28        neglect,  or  exploitation  of  a  high-risk  adult  with
29        disabilities   or   to  effectuate  one  of  the  granted
30        remedies, if supported by the balance of  hardships.   If
31        the  harm  to  be prevented by the injunction is abuse or
32        any other  harm  that  one  of  the  remedies  listed  in
33        paragraphs   (1)  through  (16)  of  this  subsection  is
34        designed to prevent, no  further  evidence  is  necessary
 
HB2524 Engrossed            -15-     LRB093 09826 RLC 10073 b
 1        that the harm is an irreparable injury.
 2        (c)  Relevant factors; findings.
 3             (1)  In  determining  whether  to  grant  a specific
 4        remedy, other than payment of support,  the  court  shall
 5        consider  relevant  factors, including but not limited to
 6        the following:
 7                  (i)  the nature, frequency,  severity,  pattern
 8             and  consequences  of  the  respondent's past abuse,
 9             neglect or exploitation of  the  petitioner  or  any
10             family    or   household   member,   including   the
11             concealment of his or her location in order to evade
12             service of process or notice, and the likelihood  of
13             danger  of future abuse, neglect, or exploitation to
14             petitioner  or  any  member   of   petitioner's   or
15             respondent's family or household; and
16                  (ii)  the  danger  that any minor child will be
17             abused or neglected or improperly removed  from  the
18             jurisdiction,  improperly concealed within the State
19             or improperly separated  from  the  child's  primary
20             caretaker.
21             (2)  In  comparing  relative  hardships resulting to
22        the parties from loss of possession of the  family  home,
23        the  court shall consider relevant factors, including but
24        not limited to the following:
25                  (i)  availability, accessibility, cost, safety,
26             adequacy,  location  and  other  characteristics  of
27             alternate housing for each party and any minor child
28             or dependent adult in the party's care;
29                  (ii)  the effect on the party's employment; and
30                  (iii)  the effect on the  relationship  of  the
31             party, and any minor child or dependent adult in the
32             party's   care,   to   family,  school,  church  and
33             community.
34             (3)  Subject  to  the  exceptions   set   forth   in
 
HB2524 Engrossed            -16-     LRB093 09826 RLC 10073 b
 1        paragraph  (4)  of  this subsection, the court shall make
 2        its findings in an official record  or  in  writing,  and
 3        shall at a minimum set forth the following:
 4                  (i)  That   the   court   has   considered  the
 5             applicable relevant factors described in  paragraphs
 6             (1) and (2) of this subsection.
 7                  (ii)  Whether   the   conduct   or  actions  of
 8             respondent, unless  prohibited,  will  likely  cause
 9             irreparable harm or continued abuse.
10                  (iii)  Whether  it  is  necessary  to grant the
11             requested relief in order to protect  petitioner  or
12             other alleged abused persons.
13             (4)  For  purposes  of issuing an ex parte emergency
14        order of protection, the court, as an alternative  to  or
15        as  a  supplement  to  making  the  findings described in
16        paragraphs  (c)(3)(i)   through   (c)(3)(iii)   of   this
17        subsection, may use the following procedure:
18             When  a  verified petition for an emergency order of
19        protection  in  accordance  with  the   requirements   of
20        Sections 203 and 217 is presented to the court, the court
21        shall  examine  petitioner  on  oath  or affirmation.  An
22        emergency order of protection  shall  be  issued  by  the
23        court if it appears from the contents of the petition and
24        the  examination  of  petitioner  that  the averments are
25        sufficient to indicate abuse by respondent and to support
26        the  granting  of  relief  under  the  issuance  of   the
27        emergency order of protection.
28             (5)  Never    married   parties.    No   rights   or
29        responsibilities  for  a  minor  child  born  outside  of
30        marriage attach to a putative father until a  father  and
31        child   relationship   has  been  established  under  the
32        Illinois Parentage Act of 1984, the Illinois  Public  Aid
33        Code,  Section  12 of the Vital Records Act, the Juvenile
34        Court Act of 1987, the Probate Act of 1985,  the  Revised
 
HB2524 Engrossed            -17-     LRB093 09826 RLC 10073 b
 1        Uniform   Reciprocal  Enforcement  of  Support  Act,  the
 2        Uniform Interstate  Family  Support  Act,  the  Expedited
 3        Child  Support Act of 1990, any judicial, administrative,
 4        or other act of another state  or  territory,  any  other
 5        Illinois  statute,  or by any foreign nation establishing
 6        the father and child relationship, any  other  proceeding
 7        substantially    in    conformity   with   the   Personal
 8        Responsibility and Work Opportunity Reconciliation Act of
 9        1996 (Pub. L. 104-193), or where both parties appeared in
10        open court or at an administrative hearing  acknowledging
11        under   oath or admitting by affirmation the existence of
12        a  father  and  child  relationship.   Absent   such   an
13        adjudication,  finding,  or  acknowledgement, no putative
14        father shall be granted temporary custody  of  the  minor
15        child,  visitation with the minor child, or physical care
16        and possession of the minor child, nor shall an order  of
17        payment for support of the minor child be entered.
18        (d)  Balance  of hardships; findings.  If the court finds
19    that the balance of hardships does not support  the  granting
20    of  a  remedy  governed by paragraph (2), (3), (10), (11), or
21    (16) of subsection (b) of this  Section,  which  may  require
22    such  balancing,  the  court's findings shall so indicate and
23    shall include a finding as to  whether  granting  the  remedy
24    will   result   in   hardship   to   respondent   that  would
25    substantially outweigh the hardship to petitioner from denial
26    of the remedy. The findings shall be an official record or in
27    writing.
28        (e)  Denial of remedies.  Denial of any remedy shall  not
29    be based, in whole or in part, on evidence that:
30             (1)  Respondent  has  cause  for  any  use of force,
31        unless that cause satisfies the standards for justifiable
32        use of force provided by Article VII of the Criminal Code
33        of 1961;
34             (2)  Respondent was voluntarily intoxicated;
 
HB2524 Engrossed            -18-     LRB093 09826 RLC 10073 b
 1             (3)  Petitioner acted in self-defense or defense  of
 2        another,  provided  that,  if  petitioner utilized force,
 3        such force was  justifiable  under  Article  VII  of  the
 4        Criminal Code of 1961;
 5             (4)  Petitioner  did  not  act  in  self-defense  or
 6        defense of another;
 7             (5)  Petitioner  left  the residence or household to
 8        avoid  further  abuse,  neglect,   or   exploitation   by
 9        respondent;
10             (6)  Petitioner  did  not  leave  the  residence  or
11        household   to   avoid   further   abuse,   neglect,   or
12        exploitation by respondent;
13             (7)  Conduct  by  any  family  or  household  member
14        excused   the   abuse,   neglect,   or   exploitation  by
15        respondent, unless that same conduct would  have  excused
16        such  abuse,  neglect, or exploitation if the parties had
17        not been family or household members.
18    (Source: P.A. 89-367, eff. 1-1-96; 90-118, eff. 1-1-98.)