Illinois General Assembly - Full Text of HB2183
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Full Text of HB2183  101st General Assembly




State of Illinois
2019 and 2020


Introduced , by Rep. Natalie A. Manley


750 ILCS 60/214  from Ch. 40, par. 2312-14

    Amends the Illinois Domestic Violence Act of 1986. Provides that if abuse is found in a case of a minor dating a non-minor, the court shall immediately issue an order of protection. Effective immediately.

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HB2183LRB101 07058 LNS 52095 b

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 Illinois Domestic Violence Act of 1986 is
5amended by changing Section 214 as follows:
6    (750 ILCS 60/214)  (from Ch. 40, par. 2312-14)
7    Sec. 214. Order of protection; remedies.
8    (a) Issuance of order. If the court finds that petitioner
9has been abused by a family or household member or that
10petitioner is a high-risk adult who has been abused, neglected,
11or exploited, as defined in this Act, an order of protection
12prohibiting the abuse, neglect, or exploitation shall issue;
13provided that petitioner must also satisfy the requirements of
14one of the following Sections, as appropriate: Section 217 on
15emergency orders, Section 218 on interim orders, or Section 219
16on plenary orders. Petitioner shall not be denied an order of
17protection because petitioner or respondent is a minor. The
18court, when determining whether or not to issue an order of
19protection, shall not require physical manifestations of abuse
20on the person of the victim. If abuse is found in a case of a
21minor dating a non-minor, the court shall immediately issue an
22order of protection. Modification and extension of prior orders
23of protection shall be in accordance with this Act.



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1    (b) Remedies and standards. The remedies to be included in
2an order of protection shall be determined in accordance with
3this Section and one of the following Sections, as appropriate:
4Section 217 on emergency orders, Section 218 on interim orders,
5and Section 219 on plenary orders. The remedies listed in this
6subsection shall be in addition to other civil or criminal
7remedies available to petitioner.
8        (1) Prohibition of abuse, neglect, or exploitation.
9    Prohibit respondent's harassment, interference with
10    personal liberty, intimidation of a dependent, physical
11    abuse, or willful deprivation, neglect or exploitation, as
12    defined in this Act, or stalking of the petitioner, as
13    defined in Section 12-7.3 of the Criminal Code of 2012, if
14    such abuse, neglect, exploitation, or stalking has
15    occurred or otherwise appears likely to occur if not
16    prohibited.
17        (2) Grant of exclusive possession of residence.
18    Prohibit respondent from entering or remaining in any
19    residence, household, or premises of the petitioner,
20    including one owned or leased by respondent, if petitioner
21    has a right to occupancy thereof. The grant of exclusive
22    possession of the residence, household, or premises shall
23    not affect title to real property, nor shall the court be
24    limited by the standard set forth in subsection (c-2) of
25    Section 501 of the Illinois Marriage and Dissolution of
26    Marriage Act.



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1            (A) Right to occupancy. A party has a right to
2        occupancy of a residence or household if it is solely
3        or jointly owned or leased by that party, that party's
4        spouse, a person with a legal duty to support that
5        party or a minor child in that party's care, or by any
6        person or entity other than the opposing party that
7        authorizes that party's occupancy (e.g., a domestic
8        violence shelter). Standards set forth in subparagraph
9        (B) shall not preclude equitable relief.
10            (B) Presumption of hardships. If petitioner and
11        respondent each has the right to occupancy of a
12        residence or household, the court shall balance (i) the
13        hardships to respondent and any minor child or
14        dependent adult in respondent's care resulting from
15        entry of this remedy with (ii) the hardships to
16        petitioner and any minor child or dependent adult in
17        petitioner's care resulting from continued exposure to
18        the risk of abuse (should petitioner remain at the
19        residence or household) or from loss of possession of
20        the residence or household (should petitioner leave to
21        avoid the risk of abuse). When determining the balance
22        of hardships, the court shall also take into account
23        the accessibility of the residence or household.
24        Hardships need not be balanced if respondent does not
25        have a right to occupancy.
26            The balance of hardships is presumed to favor



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1        possession by petitioner unless the presumption is
2        rebutted by a preponderance of the evidence, showing
3        that the hardships to respondent substantially
4        outweigh the hardships to petitioner and any minor
5        child or dependent adult in petitioner's care. The
6        court, on the request of petitioner or on its own
7        motion, may order respondent to provide suitable,
8        accessible, alternate housing for petitioner instead
9        of excluding respondent from a mutual residence or
10        household.
11        (3) Stay away order and additional prohibitions. Order
12    respondent to stay away from petitioner or any other person
13    protected by the order of protection, or prohibit
14    respondent from entering or remaining present at
15    petitioner's school, place of employment, or other
16    specified places at times when petitioner is present, or
17    both, if reasonable, given the balance of hardships.
18    Hardships need not be balanced for the court to enter a
19    stay away order or prohibit entry if respondent has no
20    right to enter the premises.
21            (A) If an order of protection grants petitioner
22        exclusive possession of the residence, or prohibits
23        respondent from entering the residence, or orders
24        respondent to stay away from petitioner or other
25        protected persons, then the court may allow respondent
26        access to the residence to remove items of clothing and



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1        personal adornment used exclusively by respondent,
2        medications, and other items as the court directs. The
3        right to access shall be exercised on only one occasion
4        as the court directs and in the presence of an
5        agreed-upon adult third party or law enforcement
6        officer.
7            (B) When the petitioner and the respondent attend
8        the same public, private, or non-public elementary,
9        middle, or high school, the court when issuing an order
10        of protection and providing relief shall consider the
11        severity of the act, any continuing physical danger or
12        emotional distress to the petitioner, the educational
13        rights guaranteed to the petitioner and respondent
14        under federal and State law, the availability of a
15        transfer of the respondent to another school, a change
16        of placement or a change of program of the respondent,
17        the expense, difficulty, and educational disruption
18        that would be caused by a transfer of the respondent to
19        another school, and any other relevant facts of the
20        case. The court may order that the respondent not
21        attend the public, private, or non-public elementary,
22        middle, or high school attended by the petitioner,
23        order that the respondent accept a change of placement
24        or change of program, as determined by the school
25        district or private or non-public school, or place
26        restrictions on the respondent's movements within the



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



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1        change in the respondent's placement, or a change of
2        the respondent's program, the parents, guardian, or
3        legal custodian of the respondent is responsible for
4        transportation and other costs associated with the
5        transfer or change.
6            (C) The court may order the parents, guardian, or
7        legal custodian of a minor respondent to take certain
8        actions or to refrain from taking certain actions to
9        ensure that the respondent complies with the order. In
10        the event the court orders a transfer of the respondent
11        to another school, the parents, guardian, or legal
12        custodian of the respondent is responsible for
13        transportation and other costs associated with the
14        change of school by the respondent.
15        (4) Counseling. Require or recommend the respondent to
16    undergo counseling for a specified duration with a social
17    worker, psychologist, clinical psychologist, psychiatrist,
18    family service agency, alcohol or substance abuse program,
19    mental health center guidance counselor, agency providing
20    services to elders, program designed for domestic violence
21    abusers or any other guidance service the court deems
22    appropriate. The Court may order the respondent in any
23    intimate partner relationship to report to an Illinois
24    Department of Human Services protocol approved partner
25    abuse intervention program for an assessment and to follow
26    all recommended treatment.



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1        (5) Physical care and possession of the minor child. In
2    order to protect the minor child from abuse, neglect, or
3    unwarranted separation from the person who has been the
4    minor child's primary caretaker, or to otherwise protect
5    the well-being of the minor child, the court may do either
6    or both of the following: (i) grant petitioner physical
7    care or possession of the minor child, or both, or (ii)
8    order respondent to return a minor child to, or not remove
9    a minor child from, the physical care of a parent or person
10    in loco parentis.
11        If a court finds, after a hearing, that respondent has
12    committed abuse (as defined in Section 103) of a minor
13    child, there shall be a rebuttable presumption that
14    awarding physical care to respondent would not be in the
15    minor child's best interest.
16        (6) Temporary allocation of parental responsibilities:
17    significant decision-making. Award temporary
18    decision-making responsibility to petitioner in accordance
19    with this Section, the Illinois Marriage and Dissolution of
20    Marriage Act, the Illinois Parentage Act of 2015, and this
21    State's Uniform Child-Custody Jurisdiction and Enforcement
22    Act.
23        If a court finds, after a hearing, that respondent has
24    committed abuse (as defined in Section 103) of a minor
25    child, there shall be a rebuttable presumption that
26    awarding temporary significant decision-making



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1    responsibility to respondent would not be in the child's
2    best interest.
3        (7) Parenting time. Determine the parenting time, if
4    any, of respondent in any case in which the court awards
5    physical care or allocates temporary significant
6    decision-making responsibility of a minor child to
7    petitioner. The court shall restrict or deny respondent's
8    parenting time with a minor child if the court finds that
9    respondent has done or is likely to do any of the
10    following: (i) abuse or endanger the minor child during
11    parenting time; (ii) use the parenting time as an
12    opportunity to abuse or harass petitioner or petitioner's
13    family or household members; (iii) improperly conceal or
14    detain the minor child; or (iv) otherwise act in a manner
15    that is not in the best interests of the minor child. The
16    court shall not be limited by the standards set forth in
17    Section 603.10 of the Illinois Marriage and Dissolution of
18    Marriage Act. If the court grants parenting time, the order
19    shall specify dates and times for the parenting time to
20    take place or other specific parameters or conditions that
21    are appropriate. No order for parenting time shall refer
22    merely to the term "reasonable parenting time".
23        Petitioner may deny respondent access to the minor
24    child if, when respondent arrives for parenting time,
25    respondent is under the influence of drugs or alcohol and
26    constitutes a threat to the safety and well-being of



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1    petitioner or petitioner's minor children or is behaving in
2    a violent or abusive manner.
3        If necessary to protect any member of petitioner's
4    family or household from future abuse, respondent shall be
5    prohibited from coming to petitioner's residence to meet
6    the minor child for parenting time, and the parties shall
7    submit to the court their recommendations for reasonable
8    alternative arrangements for parenting time. A person may
9    be approved to supervise parenting time only after filing
10    an affidavit accepting that responsibility and
11    acknowledging accountability to the court.
12        (8) Removal or concealment of minor child. Prohibit
13    respondent from removing a minor child from the State or
14    concealing the child within the State.
15        (9) Order to appear. Order the respondent to appear in
16    court, alone or with a minor child, to prevent abuse,
17    neglect, removal or concealment of the child, to return the
18    child to the custody or care of the petitioner or to permit
19    any court-ordered interview or examination of the child or
20    the respondent.
21        (10) Possession of personal property. Grant petitioner
22    exclusive possession of personal property and, if
23    respondent has possession or control, direct respondent to
24    promptly make it available to petitioner, if:
25            (i) petitioner, but not respondent, owns the
26        property; or



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



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1    now or hereafter amended.
2        The court may further prohibit respondent from
3    improperly using the financial or other resources of an
4    aged member of the family or household for the profit or
5    advantage of respondent or of any other person.
6        (11.5) Protection of animals. Grant the petitioner the
7    exclusive care, custody, or control of any animal owned,
8    possessed, leased, kept, or held by either the petitioner
9    or the respondent or a minor child residing in the
10    residence or household of either the petitioner or the
11    respondent and order the respondent to stay away from the
12    animal and forbid the respondent from taking,
13    transferring, encumbering, concealing, harming, or
14    otherwise disposing of the animal.
15        (12) Order for payment of support. Order respondent to
16    pay temporary support for the petitioner or any child in
17    the petitioner's care or over whom the petitioner has been
18    allocated parental responsibility, when the respondent has
19    a legal obligation to support that person, in accordance
20    with the Illinois Marriage and Dissolution of Marriage Act,
21    which shall govern, among other matters, the amount of
22    support, payment through the clerk and withholding of
23    income to secure payment. An order for child support may be
24    granted to a petitioner with lawful physical care of a
25    child, or an order or agreement for physical care of a
26    child, prior to entry of an order allocating significant



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1    decision-making responsibility. Such a support order shall
2    expire upon entry of a valid order allocating parental
3    responsibility differently and vacating the petitioner's
4    significant decision-making authority, unless otherwise
5    provided in the order.
6        (13) Order for payment of losses. Order respondent to
7    pay petitioner for losses suffered as a direct result of
8    the abuse, neglect, or exploitation. Such losses shall
9    include, but not be limited to, medical expenses, lost
10    earnings or other support, repair or replacement of
11    property damaged or taken, reasonable attorney's fees,
12    court costs and moving or other travel expenses, including
13    additional reasonable expenses for temporary shelter and
14    restaurant meals.
15            (i) Losses affecting family needs. If a party is
16        entitled to seek maintenance, child support or
17        property distribution from the other party under the
18        Illinois Marriage and Dissolution of Marriage Act, as
19        now or hereafter amended, the court may order
20        respondent to reimburse petitioner's actual losses, to
21        the extent that such reimbursement would be
22        "appropriate temporary relief", as authorized by
23        subsection (a)(3) of Section 501 of that Act.
24            (ii) Recovery of expenses. In the case of an
25        improper concealment or removal of a minor child, the
26        court may order respondent to pay the reasonable



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1        expenses incurred or to be incurred in the search for
2        and recovery of the minor child, including but not
3        limited to legal fees, court costs, private
4        investigator fees, and travel costs.
5        (14) Prohibition of entry. Prohibit the respondent
6    from entering or remaining in the residence or household
7    while the respondent is under the influence of alcohol or
8    drugs and constitutes a threat to the safety and well-being
9    of the petitioner or the petitioner's children.
10        (14.5) Prohibition of firearm possession.
11            (a) Prohibit a respondent against whom an order of
12        protection was issued from possessing any firearms
13        during the duration of the order if the order:
14                (1) was issued after a hearing of which such
15            person received actual notice, and at which such
16            person had an opportunity to participate;
17                (2) restrains such person from harassing,
18            stalking, or threatening an intimate partner of
19            such person or child of such intimate partner or
20            person, or engaging in other conduct that would
21            place an intimate partner in reasonable fear of
22            bodily injury to the partner or child; and
23                (3)(i) includes a finding that such person
24            represents a credible threat to the physical
25            safety of such intimate partner or child; or (ii)
26            by its terms explicitly prohibits the use,



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1            attempted use, or threatened use of physical force
2            against such intimate partner or child that would
3            reasonably be expected to cause bodily injury.
4        Any Firearm Owner's Identification Card in the
5        possession of the respondent, except as provided in
6        subsection (b), shall be ordered by the court to be
7        turned over to the local law enforcement agency. The
8        local law enforcement agency shall immediately mail
9        the card to the Department of State Police Firearm
10        Owner's Identification Card Office for safekeeping.
11        The court shall issue a warrant for seizure of any
12        firearm in the possession of the respondent, to be kept
13        by the local law enforcement agency for safekeeping,
14        except as provided in subsection (b). The period of
15        safekeeping shall be for the duration of the order of
16        protection. The firearm or firearms and Firearm
17        Owner's Identification Card, if unexpired, shall at
18        the respondent's request, be returned to the
19        respondent at the end of the order of protection. It is
20        the respondent's responsibility to notify the
21        Department of State Police Firearm Owner's
22        Identification Card Office.
23            (b) If the respondent is a peace officer as defined
24        in Section 2-13 of the Criminal Code of 2012, the court
25        shall order that any firearms used by the respondent in
26        the performance of his or her duties as a peace officer



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1        be surrendered to the chief law enforcement executive
2        of the agency in which the respondent is employed, who
3        shall retain the firearms for safekeeping for the
4        duration of the order of protection.
5            (c) Upon expiration of the period of safekeeping,
6        if the firearms or Firearm Owner's Identification Card
7        cannot be returned to respondent because respondent
8        cannot be located, fails to respond to requests to
9        retrieve the firearms, or is not lawfully eligible to
10        possess a firearm, upon petition from the local law
11        enforcement agency, the court may order the local law
12        enforcement agency to destroy the firearms, use the
13        firearms for training purposes, or for any other
14        application as deemed appropriate by the local law
15        enforcement agency; or that the firearms be turned over
16        to a third party who is lawfully eligible to possess
17        firearms, and who does not reside with respondent.
18        (15) Prohibition of access to records. If an order of
19    protection prohibits respondent from having contact with
20    the minor child, or if petitioner's address is omitted
21    under subsection (b) of Section 203, or if necessary to
22    prevent abuse or wrongful removal or concealment of a minor
23    child, the order shall deny respondent access to, and
24    prohibit respondent from inspecting, obtaining, or
25    attempting to inspect or obtain, school or any other
26    records of the minor child who is in the care of



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1    petitioner.
2        (16) Order for payment of shelter services. Order
3    respondent to reimburse a shelter providing temporary
4    housing and counseling services to the petitioner for the
5    cost of the services, as certified by the shelter and
6    deemed reasonable by the court.
7        (17) Order for injunctive relief. Enter injunctive
8    relief necessary or appropriate to prevent further abuse of
9    a family or household member or further abuse, neglect, or
10    exploitation of a high-risk adult with disabilities or to
11    effectuate one of the granted remedies, if supported by the
12    balance of hardships. If the harm to be prevented by the
13    injunction is abuse or any other harm that one of the
14    remedies listed in paragraphs (1) through (16) of this
15    subsection is designed to prevent, no further evidence is
16    necessary that the harm is an irreparable injury.
17        (18) Telephone services.
18            (A) Unless a condition described in subparagraph
19        (B) of this paragraph exists, the court may, upon
20        request by the petitioner, order a wireless telephone
21        service provider to transfer to the petitioner the
22        right to continue to use a telephone number or numbers
23        indicated by the petitioner and the financial
24        responsibility associated with the number or numbers,
25        as set forth in subparagraph (C) of this paragraph. For
26        purposes of this paragraph (18), the term "wireless



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1        telephone service provider" means a provider of
2        commercial mobile service as defined in 47 U.S.C. 332.
3        The petitioner may request the transfer of each
4        telephone number that the petitioner, or a minor child
5        in his or her custody, uses. The clerk of the court
6        shall serve the order on the wireless telephone service
7        provider's agent for service of process provided to the
8        Illinois Commerce Commission. The order shall contain
9        all of the following:
10                (i) The name and billing telephone number of
11            the account holder including the name of the
12            wireless telephone service provider that serves
13            the account.
14                (ii) Each telephone number that will be
15            transferred.
16                (iii) A statement that the provider transfers
17            to the petitioner all financial responsibility for
18            and right to the use of any telephone number
19            transferred under this paragraph.
20            (B) A wireless telephone service provider shall
21        terminate the respondent's use of, and shall transfer
22        to the petitioner use of, the telephone number or
23        numbers indicated in subparagraph (A) of this
24        paragraph unless it notifies the petitioner, within 72
25        hours after it receives the order, that one of the
26        following applies:



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1                (i) The account holder named in the order has
2            terminated the account.
3                (ii) A difference in network technology would
4            prevent or impair the functionality of a device on
5            a network if the transfer occurs.
6                (iii) The transfer would cause a geographic or
7            other limitation on network or service provision
8            to the petitioner.
9                (iv) Another technological or operational
10            issue would prevent or impair the use of the
11            telephone number if the transfer occurs.
12            (C) The petitioner assumes all financial
13        responsibility for and right to the use of any
14        telephone number transferred under this paragraph. In
15        this paragraph, "financial responsibility" includes
16        monthly service costs and costs associated with any
17        mobile device associated with the number.
18            (D) A wireless telephone service provider may
19        apply to the petitioner its routine and customary
20        requirements for establishing an account or
21        transferring a number, including requiring the
22        petitioner to provide proof of identification,
23        financial information, and customer preferences.
24            (E) Except for willful or wanton misconduct, a
25        wireless telephone service provider is immune from
26        civil liability for its actions taken in compliance



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1        with a court order issued under this paragraph.
2            (F) All wireless service providers that provide
3        services to residential customers shall provide to the
4        Illinois Commerce Commission the name and address of an
5        agent for service of orders entered under this
6        paragraph (18). Any change in status of the registered
7        agent must be reported to the Illinois Commerce
8        Commission within 30 days of such change.
9            (G) The Illinois Commerce Commission shall
10        maintain the list of registered agents for service for
11        each wireless telephone service provider on the
12        Commission's website. The Commission may consult with
13        wireless telephone service providers and the Circuit
14        Court Clerks on the manner in which this information is
15        provided and displayed.
16    (c) Relevant factors; findings.
17        (1) In determining whether to grant a specific remedy,
18    other than payment of support, the court shall consider
19    relevant factors, including but not limited to the
20    following:
21            (i) the nature, frequency, severity, pattern and
22        consequences of the respondent's past abuse, neglect
23        or exploitation of the petitioner or any family or
24        household member, including the concealment of his or
25        her location in order to evade service of process or
26        notice, and the likelihood of danger of future abuse,



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1        neglect, or exploitation to petitioner or any member of
2        petitioner's or respondent's family or household; and
3            (ii) the danger that any minor child will be abused
4        or neglected or improperly relocated from the
5        jurisdiction, improperly concealed within the State or
6        improperly separated from the child's primary
7        caretaker.
8        (2) In comparing relative hardships resulting to the
9    parties from loss of possession of the family home, the
10    court shall consider relevant factors, including but not
11    limited to the following:
12            (i) availability, accessibility, cost, safety,
13        adequacy, location and other characteristics of
14        alternate housing for each party and any minor child or
15        dependent adult in the party's care;
16            (ii) the effect on the party's employment; and
17            (iii) the effect on the relationship of the party,
18        and any minor child or dependent adult in the party's
19        care, to family, school, church and community.
20        (3) Subject to the exceptions set forth in paragraph
21    (4) of this subsection, the court shall make its findings
22    in an official record or in writing, and shall at a minimum
23    set forth the following:
24            (i) That the court has considered the applicable
25        relevant factors described in paragraphs (1) and (2) of
26        this subsection.



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1            (ii) Whether the conduct or actions of respondent,
2        unless prohibited, will likely cause irreparable harm
3        or continued abuse.
4            (iii) Whether it is necessary to grant the
5        requested relief in order to protect petitioner or
6        other alleged abused persons.
7        (4) For purposes of issuing an ex parte emergency order
8    of protection, the court, as an alternative to or as a
9    supplement to making the findings described in paragraphs
10    (c)(3)(i) through (c)(3)(iii) of this subsection, may use
11    the following procedure:
12        When a verified petition for an emergency order of
13    protection in accordance with the requirements of Sections
14    203 and 217 is presented to the court, the court shall
15    examine petitioner on oath or affirmation. An emergency
16    order of protection shall be issued by the court if it
17    appears from the contents of the petition and the
18    examination of petitioner that the averments are
19    sufficient to indicate abuse by respondent and to support
20    the granting of relief under the issuance of the emergency
21    order of protection.
22        (5) Never married parties. No rights or
23    responsibilities for a minor child born outside of marriage
24    attach to a putative father until a father and child
25    relationship has been established under the Illinois
26    Parentage Act of 1984, the Illinois Parentage Act of 2015,



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1    the Illinois Public Aid Code, Section 12 of the Vital
2    Records Act, the Juvenile Court Act of 1987, the Probate
3    Act of 1975, the Revised Uniform Reciprocal Enforcement of
4    Support Act, the Uniform Interstate Family Support Act, the
5    Expedited Child Support Act of 1990, any judicial,
6    administrative, or other act of another state or territory,
7    any other Illinois statute, or by any foreign nation
8    establishing the father and child relationship, any other
9    proceeding substantially in conformity with the Personal
10    Responsibility and Work Opportunity Reconciliation Act of
11    1996 (Pub. L. 104-193), or where both parties appeared in
12    open court or at an administrative hearing acknowledging
13    under oath or admitting by affirmation the existence of a
14    father and child relationship. Absent such an
15    adjudication, finding, or acknowledgment, no putative
16    father shall be granted temporary allocation of parental
17    responsibilities, including parenting time with the minor
18    child, or physical care and possession of the minor child,
19    nor shall an order of payment for support of the minor
20    child be entered.
21    (d) Balance of hardships; findings. If the court finds that
22the balance of hardships does not support the granting of a
23remedy governed by paragraph (2), (3), (10), (11), or (16) of
24subsection (b) of this Section, which may require such
25balancing, the court's findings shall so indicate and shall
26include a finding as to whether granting the remedy will result



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1in hardship to respondent that would substantially outweigh the
2hardship to petitioner from denial of the remedy. The findings
3shall be an official record or in writing.
4    (e) Denial of remedies. Denial of any remedy shall not be
5based, in whole or in part, on evidence that:
6        (1) Respondent has cause for any use of force, unless
7    that cause satisfies the standards for justifiable use of
8    force provided by Article 7 of the Criminal Code of 2012;
9        (2) Respondent was voluntarily intoxicated;
10        (3) Petitioner acted in self-defense or defense of
11    another, provided that, if petitioner utilized force, such
12    force was justifiable under Article 7 of the Criminal Code
13    of 2012;
14        (4) Petitioner did not act in self-defense or defense
15    of another;
16        (5) Petitioner left the residence or household to avoid
17    further abuse, neglect, or exploitation by respondent;
18        (6) Petitioner did not leave the residence or household
19    to avoid further abuse, neglect, or exploitation by
20    respondent;
21        (7) Conduct by any family or household member excused
22    the abuse, neglect, or exploitation by respondent, unless
23    that same conduct would have excused such abuse, neglect,
24    or exploitation if the parties had not been family or
25    household members.
26(Source: P.A. 99-85, eff. 1-1-16; 99-90, eff. 1-1-16; 99-642,



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1eff. 7-28-16; 100-388, eff. 1-1-18; 100-863, eff. 8-14-18;
2100-923, eff. 1-1-19.)
3    Section 99. Effective date. This Act takes effect upon
4becoming law.