Full Text of HB2541 102nd General Assembly
HB2541ham002 102ND GENERAL ASSEMBLY | Rep. Denyse Wang Stoneback Filed: 2/9/2022
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| 1 | | AMENDMENT TO HOUSE BILL 2541
| 2 | | AMENDMENT NO. ______. Amend House Bill 2541 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Firearm Owners Identification Card Act is | 5 | | amended by changing Section 9.5 as follows: | 6 | | (430 ILCS 65/9.5) | 7 | | Sec. 9.5. Revocation of Firearm Owner's Identification
| 8 | | Card. | 9 | | (a) A person who receives a revocation notice under | 10 | | Section 9 of this Act shall, within 48 hours of receiving | 11 | | notice of the revocation: | 12 | | (1) surrender his or her Firearm Owner's | 13 | | Identification Card to the local law enforcement agency | 14 | | where the person resides or to the Illinois State Police; | 15 | | and | 16 | | (2) complete a Firearm Disposition Record on a form |
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| 1 | | prescribed by the Illinois State Police and place his or | 2 | | her firearms in the location or with the person reported | 3 | | in the Firearm Disposition Record. The form shall require | 4 | | the person to disclose: | 5 | | (A) the make, model, and serial number of each | 6 | | firearm owned by or under the custody and control of | 7 | | the revoked person; | 8 | | (B) the location where each firearm will be | 9 | | maintained during the prohibited term; | 10 | | (C) if any firearm will be transferred to the | 11 | | custody of another person, the name, address and | 12 | | Firearm Owner's Identification Card number of the | 13 | | transferee; and | 14 | | (D) to whom his or her Firearm Owner's | 15 | | Identification Card was surrendered. | 16 | | Once completed, the person shall retain a copy and | 17 | | provide a copy of the Firearm Disposition Record to the | 18 | | Illinois State Police. | 19 | | Nothing in this Section supersedes a court's authority to | 20 | | order a person who receives a revocation notice to surrender | 21 | | the person's firearms to a law enforcement agency of the | 22 | | court's choosing. | 23 | | (b) Upon confirming through the portal created under | 24 | | Section 2605-304 of the Illinois Department of State Police | 25 | | Law of the Civil Administrative Code of Illinois that the | 26 | | Firearm Owner's Identification Card has been revoked by the |
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| 1 | | Illinois State Police, surrendered cards shall be destroyed by | 2 | | the law enforcement agency receiving the cards. If a card has | 3 | | not been revoked, the card shall be returned to the | 4 | | cardholder. Illinois | 5 | | (b-5) If a court orders the surrender of a Firearms | 6 | | Owner's Identification Card and accepts receipt of the Card, | 7 | | the court shall destroy the Card and direct the person whose | 8 | | Firearm Owner's Identification Card has been surrendered to | 9 | | comply with paragraph (2) of subsection (a). | 10 | | (b-10) If the person whose Firearm Owner's Identification | 11 | | Card has been revoked has either lost or destroyed the Card, | 12 | | the person must still comply with paragraph (2) of subsection | 13 | | (a). | 14 | | (b-15) A notation shall be made in the portal created | 15 | | under Section 2605-304 of the Illinois Department of State | 16 | | Police Law of the Civil Administrative Code of Illinois that | 17 | | the revoked Firearm Owner's Identification Card has been | 18 | | destroyed. | 19 | | (c) If the person whose Firearm Owner's Identification | 20 | | Card has been revoked fails to comply with the requirements of | 21 | | this Section, the sheriff or law enforcement agency where the | 22 | | person resides may petition the circuit court to issue a | 23 | | warrant to search for and seize the Firearm Owner's | 24 | | Identification Card and firearms in the possession or under | 25 | | the custody or control of the person whose Firearm Owner's | 26 | | Identification Card has been revoked. |
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| 1 | | (d) A violation of subsection (a) of this Section is a | 2 | | Class A misdemeanor. | 3 | | (e) The observation of a Firearm Owner's Identification | 4 | | Card in the possession of a person whose Firearm Owner's | 5 | | Identification Card has been revoked constitutes a sufficient | 6 | | basis for the arrest of that person for violation of this | 7 | | Section. | 8 | | (f) Within 30 days after July 9, 2013 ( the effective date | 9 | | of Public Act 98-63) this amendatory Act of the 98th General | 10 | | Assembly , the Illinois State Police shall provide written | 11 | | notice of the requirements of this Section to persons whose | 12 | | Firearm Owner's Identification Cards have been revoked, | 13 | | suspended, or expired and who have failed to surrender their | 14 | | cards to the Illinois State Police Department . | 15 | | (g) A person whose Firearm Owner's Identification Card has | 16 | | been revoked and who received notice under subsection (f) | 17 | | shall comply with the requirements of this Section within 48 | 18 | | hours of receiving notice.
| 19 | | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; | 20 | | revised 10-15-21.) | 21 | | Section 10. The Code of Criminal Procedure of 1963 is | 22 | | amended by changing Section 112A-14 as follows:
| 23 | | (725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14)
| 24 | | Sec. 112A-14. Domestic violence order of protection; |
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| 1 | | remedies.
| 2 | | (a) (Blank).
| 3 | | (b) The court may order any of the remedies listed in this | 4 | | subsection (b).
The remedies listed in this subsection (b) | 5 | | shall be in addition to other civil
or criminal remedies | 6 | | available to petitioner.
| 7 | | (1) Prohibition of abuse. Prohibit respondent's | 8 | | harassment,
interference with personal liberty, | 9 | | intimidation of a dependent, physical
abuse, or willful | 10 | | deprivation, as defined in this Article, if such abuse has
| 11 | | occurred or otherwise appears likely to occur if not | 12 | | prohibited.
| 13 | | (2) Grant of exclusive possession of residence. | 14 | | Prohibit respondent
from entering or remaining in any | 15 | | residence, household, or premises of the petitioner,
| 16 | | including one owned or leased by respondent, if petitioner | 17 | | has a right
to occupancy thereof. The grant of exclusive | 18 | | possession of the residence, household, or premises
shall | 19 | | not affect title to real property, nor shall the court be | 20 | | limited by
the standard set forth in subsection (c-2) of | 21 | | Section 501 of the Illinois Marriage and
Dissolution of | 22 | | Marriage Act.
| 23 | | (A) Right to occupancy. A party has a right to | 24 | | occupancy of a
residence or household if it is
solely | 25 | | or jointly owned or leased by that party, that party's | 26 | | spouse, a
person with a legal duty to support that |
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| 1 | | party or a minor child in that
party's care, or by any | 2 | | person or entity other than the opposing party that
| 3 | | authorizes that party's occupancy (e.g., a domestic | 4 | | violence shelter).
Standards set forth in subparagraph | 5 | | (B) shall not preclude equitable relief.
| 6 | | (B) Presumption of hardships. If petitioner and | 7 | | respondent
each has the right to occupancy of a | 8 | | residence or household, the court
shall balance (i) | 9 | | the hardships to respondent and any minor child or
| 10 | | dependent adult in respondent's care resulting from | 11 | | entry of this remedy with (ii)
the hardships to | 12 | | petitioner and any minor child or dependent adult in
| 13 | | petitioner's care resulting from continued exposure to | 14 | | the risk of abuse (should
petitioner remain at the | 15 | | residence or household) or from loss of possession
of | 16 | | the residence or household (should petitioner leave to | 17 | | avoid the risk
of abuse). When determining the balance | 18 | | of hardships, the court shall also
take into account | 19 | | the accessibility of the residence or household.
| 20 | | Hardships need not be balanced if respondent does not | 21 | | have a right to 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 |
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| 1 | | child or dependent adult in petitioner's
care. The | 2 | | court, on the request of petitioner or on its own | 3 | | motion,
may order respondent to provide suitable, | 4 | | accessible, alternate housing
for petitioner instead | 5 | | of
excluding respondent from a mutual residence or | 6 | | household.
| 7 | | (3) Stay away order and additional prohibitions.
Order | 8 | | respondent to stay away from petitioner or any other | 9 | | person
protected by the domestic violence order of | 10 | | protection, or prohibit respondent from entering
or | 11 | | remaining present at petitioner's school, place of | 12 | | employment, or other
specified places at times when | 13 | | petitioner is present, or both, if
reasonable, given
the | 14 | | balance of hardships. Hardships need not be balanced for | 15 | | the court
to enter a stay away order or prohibit entry
if | 16 | | respondent has no right to enter the premises.
| 17 | | (A) If a domestic violence order of protection | 18 | | grants petitioner exclusive possession
of the | 19 | | residence, prohibits respondent from entering the | 20 | | residence,
or orders respondent to stay away from | 21 | | petitioner or other
protected persons, then the court | 22 | | may allow respondent access to the
residence to remove | 23 | | items of clothing and personal adornment
used | 24 | | exclusively by respondent, medications, and other | 25 | | items as the court directs.
The right to access shall | 26 | | be exercised on only one occasion as the court directs
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| 1 | | and in the presence of an agreed-upon adult third | 2 | | party or law enforcement officer.
| 3 | | (B) When the petitioner and the respondent attend | 4 | | the same public, private, or non-public elementary, | 5 | | middle, or high school, the court when issuing a | 6 | | domestic violence order of protection and providing | 7 | | relief shall consider the severity of the act, any | 8 | | continuing physical danger or emotional distress to | 9 | | the petitioner, the educational rights guaranteed to | 10 | | the petitioner and respondent under federal and State | 11 | | law, the availability of a transfer of the respondent | 12 | | to another school, a change of placement or a change of | 13 | | program of the respondent, the expense, difficulty, | 14 | | and educational disruption that would be caused by a | 15 | | transfer of the respondent to another school, and any | 16 | | other relevant facts of the case. The court may order | 17 | | that the respondent not attend the public, private, or | 18 | | non-public elementary, middle, or high school attended | 19 | | by the petitioner, order that the respondent accept a | 20 | | change of placement or change of program, as | 21 | | determined by the school district or private or | 22 | | non-public school, or place restrictions on the | 23 | | respondent's movements within the school attended by | 24 | | the petitioner. The respondent bears the burden of | 25 | | proving by a preponderance of the evidence that a | 26 | | transfer, change of placement, or change of program of |
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| 1 | | the respondent is not available. The respondent also | 2 | | bears the burden of production with respect to the | 3 | | expense, difficulty, and educational disruption that | 4 | | would be caused by a transfer of the respondent to | 5 | | another school. A transfer, change of placement, or | 6 | | change of program is not unavailable to the respondent | 7 | | solely on the ground that the respondent does not | 8 | | agree with the school district's or private or | 9 | | non-public school's transfer, change of placement, or | 10 | | change of program or solely on the ground that the | 11 | | respondent fails or refuses to consent or otherwise | 12 | | does not take an action required to effectuate a | 13 | | transfer, change of placement, or change of program. | 14 | | When a court orders a respondent to stay away from the | 15 | | public, private, or non-public school attended by the | 16 | | petitioner and the respondent requests a transfer to | 17 | | another attendance center within the respondent's | 18 | | school district or private or non-public school, the | 19 | | school district or private or non-public school shall | 20 | | have sole discretion to determine the attendance | 21 | | center to which the respondent is transferred. If the | 22 | | court order results in a transfer of the minor | 23 | | respondent to another attendance center, a change in | 24 | | the respondent's placement, or a change of the | 25 | | respondent's program, the parents, guardian, or legal | 26 | | custodian of the respondent is responsible for |
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| 1 | | transportation and other costs associated with the | 2 | | transfer or change. | 3 | | (C) The court may order the parents, guardian, or | 4 | | legal custodian of a minor respondent to take certain | 5 | | actions or to refrain from taking certain actions to | 6 | | ensure that the respondent complies with the order. If | 7 | | the court orders a transfer of the respondent to | 8 | | another school, the parents, guardian, or legal | 9 | | custodian of the respondent is responsible for | 10 | | transportation and other costs associated with the | 11 | | change of school by the respondent. | 12 | | (4) Counseling. Require or recommend the respondent to | 13 | | undergo
counseling for a specified duration with a social | 14 | | worker, psychologist,
clinical psychologist, | 15 | | psychiatrist, family service agency, alcohol or
substance | 16 | | abuse program, mental health center guidance counselor, | 17 | | agency
providing services to elders, program designed for | 18 | | domestic violence
abusers, or any other guidance service | 19 | | the court deems appropriate. The court may order the | 20 | | respondent in any intimate partner relationship to report | 21 | | to an Illinois Department of Human Services protocol | 22 | | approved partner abuse intervention program for an | 23 | | assessment and to follow all recommended treatment.
| 24 | | (5) Physical care and possession of the minor child. | 25 | | In order to protect
the minor child from abuse, neglect, | 26 | | or unwarranted separation from the person
who has been the |
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| 1 | | minor child's primary caretaker, or to otherwise protect | 2 | | the
well-being of the minor child, the court may do either | 3 | | or both of the following:
(i) grant petitioner physical | 4 | | care or possession of the minor child, or both, or
(ii) | 5 | | order respondent to return a minor child to, or not remove | 6 | | a minor child
from, the physical care of a parent or person | 7 | | in loco parentis.
| 8 | | If the respondent is charged with abuse
(as defined in | 9 | | Section 112A-3 of this Code) of a minor child, there shall | 10 | | be a
rebuttable presumption that awarding physical care to | 11 | | respondent would not
be in the minor child's best | 12 | | interest.
| 13 | | (6) Temporary allocation of parental responsibilities | 14 | | and significant decision-making responsibilities.
Award | 15 | | temporary significant decision-making responsibility to | 16 | | petitioner in accordance with this Section,
the Illinois | 17 | | Marriage
and Dissolution of Marriage Act, the Illinois | 18 | | Parentage Act of 2015,
and this State's Uniform | 19 | | Child-Custody
Jurisdiction and Enforcement Act.
| 20 | | If the respondent
is charged with abuse (as defined in | 21 | | Section 112A-3 of this Code) of a
minor child, there shall | 22 | | be a rebuttable presumption that awarding
temporary | 23 | | significant decision-making responsibility to respondent | 24 | | would not be in the
child's best interest.
| 25 | | (7) Parenting time. Determine the parenting time, if | 26 | | any, of respondent in any case in which the court
awards |
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| 1 | | physical care or temporary significant decision-making | 2 | | responsibility of a minor child to
petitioner. The court | 3 | | shall restrict or deny respondent's parenting time with
a | 4 | | minor child if
the court finds that respondent has done or | 5 | | is likely to do any of the
following: | 6 | | (i) abuse or endanger the minor child during | 7 | | parenting time; | 8 | | (ii) use the parenting time
as an opportunity to | 9 | | abuse or harass petitioner or
petitioner's family or | 10 | | household members; | 11 | | (iii) improperly conceal or
detain the minor | 12 | | child; or | 13 | | (iv) otherwise act in a manner that is not in
the | 14 | | best interests of the minor child. | 15 | | The court shall not be limited by the
standards set | 16 | | forth in Section 603.10 of the Illinois Marriage and
| 17 | | Dissolution of Marriage Act. If the court grants parenting | 18 | | time, the order
shall specify dates and times for the | 19 | | parenting time to take place or other
specific parameters | 20 | | or conditions that are appropriate. No order for parenting | 21 | | time
shall refer merely to the term "reasonable parenting | 22 | | time". Petitioner may deny respondent access to the minor | 23 | | child if, when
respondent arrives for parenting time, | 24 | | respondent is under the influence of drugs
or alcohol and | 25 | | constitutes a threat to the safety and well-being of
| 26 | | petitioner or petitioner's minor children or is behaving |
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| 1 | | in a violent or abusive manner. If necessary to protect | 2 | | any member of petitioner's family or
household from future | 3 | | abuse, respondent shall be prohibited from coming to
| 4 | | petitioner's residence to meet the minor child for | 5 | | parenting time, and the petitioner and respondent
shall | 6 | | submit to the court their recommendations for reasonable
| 7 | | alternative arrangements for parenting time. A person may | 8 | | be approved to
supervise parenting time only after filing | 9 | | an affidavit accepting
that responsibility and | 10 | | acknowledging accountability to the court.
| 11 | | (8) Removal or concealment of minor child.
Prohibit | 12 | | respondent from
removing a minor child from the State or | 13 | | concealing the child within the
State.
| 14 | | (9) Order to appear. Order the respondent to
appear in | 15 | | court, alone
or with a minor child, to prevent abuse, | 16 | | neglect, removal or concealment of
the child, to return | 17 | | the child to the custody or care of the petitioner, or
to | 18 | | permit any court-ordered interview or examination of the | 19 | | child or the
respondent.
| 20 | | (10) Possession of personal property. Grant petitioner | 21 | | exclusive
possession of personal property and, if | 22 | | respondent has possession or
control, direct respondent to | 23 | | promptly make it available to petitioner, if:
| 24 | | (i) petitioner, but not respondent, owns the | 25 | | property; or
| 26 | | (ii) the petitioner and respondent own the |
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| 1 | | property jointly; sharing it would risk
abuse of | 2 | | petitioner by respondent or is impracticable; and the | 3 | | balance of
hardships favors temporary possession by | 4 | | petitioner.
| 5 | | If petitioner's sole claim to ownership of the | 6 | | property is that it is
marital property, the court may | 7 | | award petitioner temporary possession
thereof under the | 8 | | standards of subparagraph (ii) of this paragraph only if
a | 9 | | proper proceeding has been filed under the Illinois | 10 | | Marriage and
Dissolution of Marriage Act, as now or | 11 | | hereafter amended.
| 12 | | No order under this provision shall affect title to | 13 | | property.
| 14 | | (11) Protection of property. Forbid the respondent | 15 | | from taking,
transferring, encumbering, concealing, | 16 | | damaging, or otherwise disposing of
any real or personal | 17 | | property, except as explicitly authorized by the
court, | 18 | | if:
| 19 | | (i) petitioner, but not respondent, owns the | 20 | | property; or
| 21 | | (ii) the petitioner and respondent own the | 22 | | property jointly,
and the balance of hardships favors | 23 | | granting this 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 |
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| 1 | | paragraph only if a proper proceeding has been filed under | 2 | | the
Illinois Marriage and Dissolution of Marriage Act, as | 3 | | now or hereafter amended.
| 4 | | The court may further prohibit respondent from | 5 | | improperly using the
financial or other resources of an | 6 | | aged member of the family or household
for the profit or | 7 | | advantage of respondent or of any other person.
| 8 | | (11.5) Protection of animals. Grant the petitioner the | 9 | | exclusive care, custody, or control of any animal owned, | 10 | | possessed, leased, kept, or held by either the petitioner | 11 | | or the respondent or a minor child residing in the | 12 | | residence or household of either the petitioner or the | 13 | | respondent and order the respondent to stay away from the | 14 | | animal and forbid the respondent from taking, | 15 | | transferring, encumbering, concealing, harming, or | 16 | | otherwise disposing of the animal.
| 17 | | (12) Order for payment of support. Order
respondent to | 18 | | pay temporary
support for the petitioner or any child in | 19 | | the petitioner's care or over whom the petitioner has been | 20 | | allocated parental responsibility, when the respondent has | 21 | | a legal obligation to support that person,
in accordance | 22 | | with the Illinois Marriage and Dissolution
of Marriage | 23 | | Act, which shall govern, among other matters, the amount | 24 | | of
support, payment through the clerk and withholding of | 25 | | income to secure
payment. An order for child support may | 26 | | be granted to a petitioner with
lawful physical care of a |
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| 1 | | child, or an order or agreement for
physical care of a | 2 | | child, prior to entry of an order allocating significant | 3 | | decision-making responsibility.
Such a support order shall | 4 | | expire upon entry of a valid order allocating parental | 5 | | responsibility differently and vacating petitioner's | 6 | | significant decision-making responsibility unless | 7 | | otherwise provided in the order.
| 8 | | (13) Order for payment of losses. Order
respondent to | 9 | | pay petitioner
for losses suffered as a direct result of | 10 | | the abuse. Such losses shall
include, but not be limited | 11 | | to, medical expenses, lost earnings or other
support, | 12 | | repair or replacement of property damaged or taken, | 13 | | reasonable
attorney's fees, court costs, and moving or | 14 | | other travel expenses, including
additional reasonable | 15 | | expenses for temporary shelter and restaurant meals.
| 16 | | (i) Losses affecting family needs. If a party is | 17 | | entitled to seek
maintenance, child support, or | 18 | | property distribution from the other party
under the | 19 | | Illinois Marriage and Dissolution of Marriage Act, as | 20 | | now or
hereafter amended, the court may order | 21 | | respondent to reimburse petitioner's
actual losses, to | 22 | | the extent that such reimbursement would be | 23 | | "appropriate
temporary relief", as authorized by | 24 | | subsection (a)(3) of
Section 501 of that Act.
| 25 | | (ii) Recovery of expenses. In the case of an | 26 | | improper concealment
or removal of a minor child, the |
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| 1 | | court may order respondent to pay the reasonable
| 2 | | expenses incurred or to be incurred in the search for | 3 | | and recovery of the
minor child, including, but not | 4 | | limited to, legal fees, court costs, private
| 5 | | investigator fees, and travel costs.
| 6 | | (14) Prohibition of entry. Prohibit the respondent | 7 | | from entering or
remaining in the residence or household | 8 | | while the respondent is under the
influence of alcohol or | 9 | | drugs and constitutes a threat to the safety and
| 10 | | well-being of the petitioner or the petitioner's children.
| 11 | | (14.5) Prohibition of firearm possession. | 12 | | (A) A person who is subject to an existing | 13 | | domestic violence order of protection issued under | 14 | | this Code may not lawfully possess weapons or a | 15 | | Firearm Owner's Identification Card under Section 8.2 | 16 | | of the Firearm Owners Identification Card Act and is | 17 | | subject to the requirements of subsection (a-1) of | 18 | | Section 214 of the Domestic Violence Act of 1986 and | 19 | | paragraph (14.5) or (14.6) of subsection (b) of | 20 | | Section 214 of the Domestic Violence Act of 1986, as | 21 | | applicable . | 22 | | (B) Any firearms in the
possession of the | 23 | | respondent, except as provided in subparagraph (C) of | 24 | | this paragraph (14.5), shall be ordered by the court | 25 | | to be turned
over to a person with a valid Firearm | 26 | | Owner's Identification Card for surrender: safekeeping |
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| 1 | | (i) in the case of an ex parte order under | 2 | | Section 112A-17.5, for the duration of the | 3 | | domestic violence order of protection; or | 4 | | (ii) in the case of a final order, for the | 5 | | duration of the domestic violence order of | 6 | | protection or 2 years, whichever is longer . | 7 | | The court shall issue an order that the respondent | 8 | | comply with Section 9.5 of the Firearm Owners | 9 | | Identification Card Act.
Illinois | 10 | | (C) If the respondent is a peace officer as | 11 | | defined in Section 2-13 of
the
Criminal Code of 2012, | 12 | | the court shall order that any firearms used by the
| 13 | | respondent in the performance of his or her duties as a
| 14 | | peace officer be surrendered to
the chief law | 15 | | enforcement executive of the agency in which the | 16 | | respondent is
employed, who shall retain the firearms | 17 | | for surrender: safekeeping | 18 | | (i) in the case of an ex parte order under | 19 | | Section 112A-17.5, for the duration of the | 20 | | domestic violence order of protection ; or | 21 | | (ii) in the case of a final order, for the | 22 | | duration of the domestic violence order of | 23 | | protection or 2 years, whichever is longer .
| 24 | | (D) Upon expiration of the period of surrender | 25 | | safekeeping , if the firearms or Firearm Owner's | 26 | | Identification Card cannot be returned to respondent |
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| 1 | | because respondent cannot be located, fails to respond | 2 | | to requests to retrieve the firearms, or is not | 3 | | lawfully eligible to possess a firearm, upon petition | 4 | | from the local law enforcement agency, the court may | 5 | | order the local law enforcement agency to destroy the | 6 | | firearms, use the firearms for training purposes, or | 7 | | for any other application as deemed appropriate by the | 8 | | local law enforcement agency; or that the firearms be | 9 | | turned over to a third party who is lawfully eligible | 10 | | to possess firearms, and who does not reside with | 11 | | respondent. | 12 | | (15) Prohibition of access to records. If a domestic | 13 | | violence order of protection
prohibits respondent from | 14 | | having contact with the minor child,
or if petitioner's | 15 | | address is omitted under subsection (b) of
Section 112A-5 | 16 | | of this Code, or if necessary to prevent abuse or wrongful | 17 | | removal or
concealment of a minor child, the order shall | 18 | | deny respondent access to, and
prohibit respondent from | 19 | | inspecting, obtaining, or attempting to
inspect or obtain, | 20 | | school or any other records of the minor child
who is in | 21 | | the care of petitioner.
| 22 | | (16) Order for payment of shelter services. Order | 23 | | respondent to
reimburse a shelter providing temporary | 24 | | housing and counseling services to
the petitioner for the | 25 | | cost of the services, as certified by the shelter
and | 26 | | deemed reasonable by the court.
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| 1 | | (17) Order for injunctive relief. Enter injunctive | 2 | | relief necessary
or appropriate to prevent further abuse | 3 | | of a family or household member or
to effectuate one of the | 4 | | granted remedies, if supported by the balance of
| 5 | | hardships. If the harm to be prevented by the injunction | 6 | | is abuse or any
other harm that one of the remedies listed | 7 | | in paragraphs (1) through (16)
of this subsection is | 8 | | designed to prevent, no further evidence is necessary
to | 9 | | establish that the harm is an irreparable injury.
| 10 | | (18) Telephone services. | 11 | | (A) Unless a condition described in subparagraph | 12 | | (B) of this paragraph exists, the court may, upon | 13 | | request by the petitioner, order a wireless telephone | 14 | | service provider to transfer to the petitioner the | 15 | | right to continue to use a telephone number or numbers | 16 | | indicated by the petitioner and the financial | 17 | | responsibility associated with the number or numbers, | 18 | | as set forth in subparagraph (C) of this paragraph. In | 19 | | this paragraph (18), the term "wireless telephone | 20 | | service provider" means a provider of commercial | 21 | | mobile service as defined in 47 U.S.C. 332. The | 22 | | petitioner may request the transfer of each telephone | 23 | | number that the petitioner, or a minor child in his or | 24 | | her custody, uses. The clerk of the court shall serve | 25 | | the order on the wireless telephone service provider's | 26 | | agent for service of process provided to the Illinois |
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| 1 | | Commerce Commission. The order shall contain all of | 2 | | the following: | 3 | | (i) The name and billing telephone number of | 4 | | the account holder including the name of the | 5 | | wireless telephone service provider that serves | 6 | | the account. | 7 | | (ii) Each telephone number that will be | 8 | | transferred. | 9 | | (iii) A statement that the provider transfers | 10 | | to the petitioner all financial responsibility for | 11 | | and right to the use of any telephone number | 12 | | transferred under this paragraph. | 13 | | (B) A wireless telephone service provider shall | 14 | | terminate the respondent's use of, and shall transfer | 15 | | to the petitioner use of, the telephone number or | 16 | | numbers indicated in subparagraph (A) of this | 17 | | paragraph unless it notifies the petitioner, within 72 | 18 | | hours after it receives the order, that one of the | 19 | | following applies: | 20 | | (i) The account holder named in the order has | 21 | | terminated the account. | 22 | | (ii) A difference in network technology would | 23 | | prevent or impair the functionality of a device on | 24 | | a network if the transfer occurs. | 25 | | (iii) The transfer would cause a geographic or | 26 | | other limitation on network or service provision |
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| 1 | | to the petitioner. | 2 | | (iv) Another technological or operational | 3 | | issue would prevent or impair the use of the | 4 | | telephone number if the transfer occurs. | 5 | | (C) The petitioner assumes all financial | 6 | | responsibility for and right to the use of any | 7 | | telephone number transferred under this paragraph. In | 8 | | this paragraph, "financial responsibility" includes | 9 | | monthly service costs and costs associated with any | 10 | | mobile device associated with the number. | 11 | | (D) A wireless telephone service provider may | 12 | | apply to the petitioner its routine and customary | 13 | | requirements for establishing an account or | 14 | | transferring a number, including requiring the | 15 | | petitioner to provide proof of identification, | 16 | | financial information, and customer preferences.
| 17 | | (E) Except for willful or wanton misconduct, a | 18 | | wireless telephone service provider is immune from | 19 | | civil liability for its actions taken in compliance | 20 | | with a court order issued under this paragraph. | 21 | | (F) All wireless service providers that provide | 22 | | services to residential customers shall provide to the | 23 | | Illinois Commerce Commission the name and address of | 24 | | an agent for service of orders entered under this | 25 | | paragraph (18). Any change in status of the registered | 26 | | agent must be reported to the Illinois Commerce |
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| 1 | | Commission within 30 days of such change. | 2 | | (G) The Illinois Commerce Commission shall | 3 | | maintain the list of registered agents for service for | 4 | | each wireless telephone service provider on the | 5 | | Commission's website. The Commission may consult with | 6 | | wireless telephone service providers and the Circuit | 7 | | Court Clerks on the manner in which this information | 8 | | is provided and displayed. | 9 | | (c) Relevant factors; findings.
| 10 | | (1) In determining whether to grant a
specific remedy, | 11 | | other than payment of support, the
court shall consider | 12 | | relevant factors, including, but not limited to, the
| 13 | | following:
| 14 | | (i) the nature, frequency, severity, pattern, and | 15 | | consequences of the
respondent's past abuse of the | 16 | | petitioner or any family or household
member, | 17 | | including the concealment of his or her location in | 18 | | order to evade
service of process or notice, and the | 19 | | likelihood of danger of future abuse to
petitioner or
| 20 | | any member of petitioner's or respondent's family or | 21 | | household; and
| 22 | | (ii) the danger that any minor child will be | 23 | | abused or neglected or
improperly relocated from the | 24 | | jurisdiction, improperly concealed within the
State, | 25 | | or improperly separated from the child's primary | 26 | | caretaker.
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| 1 | | (2) In comparing relative hardships resulting to the | 2 | | parties from loss
of possession of the family home, the | 3 | | court shall consider relevant
factors, including, but not | 4 | | limited to, the following:
| 5 | | (i) availability, accessibility, cost, safety, | 6 | | adequacy, location, and other
characteristics of | 7 | | alternate housing for each party and any minor child | 8 | | or
dependent adult in the party's care;
| 9 | | (ii) the effect on the party's employment; and
| 10 | | (iii) the effect on the relationship of the party, | 11 | | and any minor
child or dependent adult in the party's | 12 | | care, to family, school, church,
and community.
| 13 | | (3) Subject to the exceptions set forth in paragraph | 14 | | (4) of this
subsection (c), the court shall make its | 15 | | findings in an official record or in
writing, and shall at | 16 | | a minimum set forth the following:
| 17 | | (i) That the court has considered the applicable | 18 | | relevant factors
described in paragraphs (1) and (2) | 19 | | of this subsection (c).
| 20 | | (ii) Whether the conduct or actions of respondent, | 21 | | unless
prohibited, will likely cause irreparable harm | 22 | | or continued abuse.
| 23 | | (iii) Whether it is necessary to grant the | 24 | | requested relief in order
to protect petitioner or | 25 | | other alleged abused persons.
| 26 | | (4) (Blank).
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| 1 | | (5) Never married parties. No rights or | 2 | | responsibilities for a minor
child born outside of | 3 | | marriage attach to a putative father until a father and
| 4 | | child relationship has been established under the Illinois | 5 | | Parentage Act of
1984, the Illinois Parentage Act of 2015, | 6 | | the Illinois Public Aid Code, Section 12 of the Vital | 7 | | Records Act, the Juvenile Court Act of 1987, the Probate | 8 | | Act of 1975, the Uniform Interstate Family Support Act, | 9 | | the Expedited Child Support Act of 1990, any judicial, | 10 | | administrative, or other act of another state or | 11 | | territory, any other statute of this State, or by any | 12 | | foreign nation establishing the father and child | 13 | | relationship, any other proceeding substantially in | 14 | | conformity with the federal Personal Responsibility and | 15 | | Work Opportunity Reconciliation Act of 1996, or when both | 16 | | parties appeared in open court or at an administrative | 17 | | hearing acknowledging under oath or admitting by | 18 | | affirmation the existence of a father and child | 19 | | relationship. Absent such an adjudication, no putative | 20 | | father shall be granted
temporary allocation of parental | 21 | | responsibilities, including parenting time with the minor | 22 | | child, or
physical care
and possession of the minor child, | 23 | | nor shall
an order of payment for support of the minor | 24 | | child be entered.
| 25 | | (d) Balance of hardships; findings. If the court finds | 26 | | that the balance
of hardships does not support the granting of |
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| 1 | | a remedy governed by
paragraph (2), (3), (10), (11), or (16) of
| 2 | | subsection (b) of this Section,
which may require such | 3 | | balancing, the court's findings shall so
indicate and shall | 4 | | include a finding as to whether granting the remedy will
| 5 | | result in hardship to respondent that would substantially | 6 | | outweigh the hardship
to petitioner
from denial of the remedy. | 7 | | The findings shall be an official record or in
writing.
| 8 | | (e) Denial of remedies. Denial of any remedy shall not be | 9 | | based, in
whole or in part, on evidence that:
| 10 | | (1) respondent has cause for any use of force, unless | 11 | | that cause
satisfies the standards for justifiable use of | 12 | | force provided by Article
7 of the Criminal Code of 2012;
| 13 | | (2) respondent was voluntarily intoxicated;
| 14 | | (3) petitioner acted in self-defense or defense of | 15 | | another, provided
that, if petitioner utilized force, such | 16 | | force was justifiable under
Article 7 of the Criminal Code | 17 | | of 2012;
| 18 | | (4) petitioner did not act in self-defense or defense | 19 | | of another;
| 20 | | (5) petitioner left the residence or household to | 21 | | avoid further abuse
by respondent;
| 22 | | (6) petitioner did not leave the residence or | 23 | | household to avoid further
abuse by respondent; or
| 24 | | (7) conduct by any family or household member excused | 25 | | the abuse by
respondent, unless that same conduct would | 26 | | have excused such abuse if the
parties had not been family |
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| 1 | | or household members.
| 2 | | (Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22; | 3 | | 102-538, eff. 8-20-21; revised 11-2-21.)
| 4 | | Section 15. The Illinois Domestic Violence Act of 1986 is | 5 | | amended by changing Sections 214, 217, and 223 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 | 9 | | has been
abused by a family or household member or that | 10 | | petitioner is a high-risk
adult who has been abused, | 11 | | neglected, or exploited, as defined in this Act,
an order of | 12 | | protection prohibiting the abuse, neglect, or exploitation
| 13 | | shall issue; provided that petitioner must also satisfy the | 14 | | requirements of
one of the following Sections, as appropriate: | 15 | | Section 217 on emergency
orders, Section 218 on interim | 16 | | orders, or Section 219 on plenary orders.
Petitioner shall not | 17 | | be denied an order of protection because petitioner or
| 18 | | respondent is a minor. The court, when determining whether or | 19 | | not to issue
an order of protection, shall not require | 20 | | physical manifestations of abuse
on the person of the victim. | 21 | | Modification and extension of prior
orders of protection shall | 22 | | be in accordance with this Act. | 23 | | (a-1) If the respondent to an order of protection issued | 24 | | under subsection (a) is subject to paragraph (14.5) or (14.6) |
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| 1 | | of subsection (b), the order of protection shall also include | 2 | | an order to surrender firearms. The order to surrender | 3 | | firearms shall require the respondent to surrender any firearm | 4 | | on the day the respondent is served with the order of | 5 | | protection. Upon the respondent surrendering any firearm to | 6 | | the appropriate law enforcement agency, the law enforcement | 7 | | agency shall provide a statement of receipt of any firearm, | 8 | | with a description of any firearm surrendered, to the | 9 | | respondent and the court. This statement of receipt shall be | 10 | | considered proof of compliance with an order to surrender | 11 | | firearms and may be presented as proof at a hearing. | 12 | | The failure to surrender any firearm within 24 hours to | 13 | | the appropriate law enforcement agency under an order to | 14 | | surrender firearms shall constitute contempt of court for the | 15 | | violation of the terms of the order of protection. | 16 | | Within 30 days of the effective date of this amendatory | 17 | | Act of the 102nd General Assembly, the Supreme Court shall | 18 | | adopt a form for an order to surrender firearms and update any | 19 | | existing forms for an order of protection to reflect the | 20 | | changes made by this amendatory Act of the 102nd General | 21 | | Assembly. The form for an order to surrender firearms shall | 22 | | also include forms for a declaration of surrender of firearms, | 23 | | proof of surrender, declaration of nonsurrender, and order to | 24 | | release firearms.
| 25 | | (b) Remedies and standards. The remedies to be included in | 26 | | an order of
protection shall be determined in accordance with |
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| 1 | | this Section and one of
the following Sections, as | 2 | | appropriate: Section 217 on emergency orders,
Section 218 on | 3 | | interim orders, and Section 219 on plenary orders. The
| 4 | | remedies listed in this subsection shall be in addition to | 5 | | other civil or
criminal remedies available to petitioner.
| 6 | | (1) Prohibition of abuse, neglect, or exploitation. | 7 | | Prohibit
respondent's harassment, interference with | 8 | | personal liberty, intimidation
of a dependent, physical | 9 | | abuse, or willful deprivation, neglect or
exploitation, as | 10 | | defined in this Act, or stalking of the petitioner, as | 11 | | defined
in Section 12-7.3 of the Criminal Code of 2012, if | 12 | | such abuse, neglect,
exploitation, or stalking has | 13 | | occurred or otherwise appears likely to occur if
not | 14 | | prohibited.
| 15 | | (2) Grant of exclusive possession of residence. | 16 | | Prohibit respondent from
entering or remaining in any | 17 | | residence, household, or premises of the petitioner,
| 18 | | including one owned or leased by respondent, if petitioner | 19 | | has a right to
occupancy thereof. The grant of exclusive | 20 | | possession of the residence, household, or premises shall | 21 | | not
affect title to real property, nor shall the court be | 22 | | limited by the standard
set forth in subsection (c-2) of | 23 | | Section 501 of the Illinois Marriage and Dissolution of | 24 | | Marriage
Act.
| 25 | | (A) Right to occupancy. A party has a right to | 26 | | occupancy of a
residence or household if it is solely |
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| 1 | | or jointly owned or leased by that
party, that party's | 2 | | spouse, a person with a legal duty to support that | 3 | | party or
a minor child in that party's care, or by any | 4 | | person or entity other than the
opposing party that | 5 | | authorizes that party's occupancy (e.g., a domestic
| 6 | | violence shelter). Standards set forth in subparagraph | 7 | | (B) shall not preclude
equitable relief.
| 8 | | (B) Presumption of hardships. If petitioner and | 9 | | respondent
each has the right to occupancy of a | 10 | | residence or household, the court
shall balance (i) | 11 | | the hardships to respondent and any minor child or
| 12 | | dependent adult in respondent's care resulting from | 13 | | entry of this remedy with
(ii) the hardships to | 14 | | petitioner and any minor child or dependent adult in
| 15 | | petitioner's care resulting from continued exposure to | 16 | | the risk of abuse
(should petitioner remain at the | 17 | | residence or household) or from loss of
possession of | 18 | | the residence or household (should petitioner leave to | 19 | | avoid the
risk of abuse). When determining the balance | 20 | | of hardships, the court shall
also take into account | 21 | | the accessibility of the residence or household.
| 22 | | Hardships need not be balanced if respondent does not | 23 | | have a right to
occupancy.
| 24 | | The balance of hardships is presumed to favor | 25 | | possession by
petitioner unless the presumption is | 26 | | rebutted by a preponderance of the
evidence, showing |
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| 1 | | that the hardships to respondent substantially | 2 | | outweigh
the hardships to petitioner and any minor | 3 | | child or dependent adult in
petitioner's care. The | 4 | | court, on the request of petitioner or on its own
| 5 | | motion, may order respondent to provide suitable, | 6 | | accessible, alternate housing
for petitioner instead | 7 | | of excluding respondent from a mutual residence or
| 8 | | household.
| 9 | | (3) Stay away order and additional prohibitions.
Order | 10 | | respondent to stay away from petitioner or any other | 11 | | person
protected by the order of protection, or prohibit | 12 | | respondent from entering
or remaining present at | 13 | | petitioner's school, place of employment, or other
| 14 | | specified places at times when petitioner is present, or | 15 | | both, if
reasonable, given the balance of hardships. | 16 | | Hardships need not be balanced for
the court to enter a | 17 | | stay away order or prohibit entry if respondent has no
| 18 | | right to enter the premises.
| 19 | | (A) If an order of protection grants petitioner | 20 | | exclusive possession
of the residence, or prohibits | 21 | | respondent from entering the residence,
or orders | 22 | | respondent to stay away from petitioner or other
| 23 | | protected persons, then the court may allow respondent | 24 | | access to the
residence to remove items of clothing | 25 | | and personal adornment
used exclusively by respondent, | 26 | | medications, and other items as the court
directs. The |
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| 1 | | right to access shall be exercised on only one | 2 | | occasion as the
court directs and in the presence of an | 3 | | agreed-upon adult third party or law
enforcement | 4 | | officer.
| 5 | | (B) When the petitioner and the respondent attend | 6 | | the same public, private, or non-public elementary, | 7 | | middle, or high school, the court when issuing an | 8 | | order of protection and providing relief shall | 9 | | consider the severity of the act, any continuing | 10 | | physical danger or emotional distress to the | 11 | | petitioner, the educational rights guaranteed to the | 12 | | petitioner and respondent under federal and State law, | 13 | | the availability of a transfer of the respondent to | 14 | | another school, a change of placement or a change of | 15 | | program of the respondent, the expense, difficulty, | 16 | | and educational disruption that would be caused by a | 17 | | transfer of the respondent to another school, and any | 18 | | other relevant facts of the case. The court may order | 19 | | that the respondent not attend the public, private, or | 20 | | non-public elementary, middle, or high school attended | 21 | | by the petitioner, order that the respondent accept a | 22 | | change of placement or change of program, as | 23 | | determined by the school district or private or | 24 | | non-public school, or place restrictions on the | 25 | | respondent's movements within the school attended by | 26 | | the petitioner.
The respondent bears the burden of |
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| 1 | | proving by a preponderance of the evidence that a | 2 | | transfer, change of placement, or change of program of | 3 | | the respondent is not available. The respondent also | 4 | | bears the burden of production with respect to the | 5 | | expense, difficulty, and educational disruption that | 6 | | would be caused by a transfer of the respondent to | 7 | | another school. A transfer, change of placement, or | 8 | | change of program is not unavailable to the respondent | 9 | | solely on the ground that the respondent does not | 10 | | agree with the school district's or private or | 11 | | non-public school's transfer, change of placement, or | 12 | | change of program or solely on the ground that the | 13 | | respondent fails or refuses to consent or otherwise | 14 | | does not take an action required to effectuate a | 15 | | transfer, change of placement, or change of program.
| 16 | | When a court orders a respondent to stay away from the | 17 | | public, private, or non-public school attended by the | 18 | | petitioner and the respondent requests a transfer to | 19 | | another attendance center within the respondent's | 20 | | school district or private or non-public school, the | 21 | | school district or private or non-public school shall | 22 | | have sole discretion to determine the attendance | 23 | | center to which the respondent is transferred.
In the | 24 | | event the court order results in a transfer of the | 25 | | minor respondent to another attendance center, a | 26 | | change in the respondent's placement, or a change of |
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| 1 | | the respondent's program, the parents, guardian, or | 2 | | legal custodian of the respondent is responsible for | 3 | | transportation and other costs associated with the | 4 | | transfer or change. | 5 | | (C) The court may order the parents, guardian, or | 6 | | legal custodian of a minor respondent to take certain | 7 | | actions or to refrain from taking certain actions to | 8 | | ensure that the respondent complies with the order. In | 9 | | the event the court orders a transfer of the | 10 | | respondent to another school, the parents, guardian, | 11 | | or legal custodian of the respondent is responsible | 12 | | for transportation and other costs associated with the | 13 | | change of school by the respondent. | 14 | | (4) Counseling. Require or recommend the respondent to | 15 | | undergo
counseling for a specified duration with a social | 16 | | worker, psychologist,
clinical psychologist, | 17 | | psychiatrist, family service agency, alcohol or
substance | 18 | | abuse program, mental health center guidance counselor, | 19 | | agency
providing services to elders, program designed for | 20 | | domestic violence
abusers or any other guidance service | 21 | | the court deems appropriate. The Court may order the | 22 | | respondent in any intimate partner relationship to report | 23 | | to an Illinois Department of Human Services protocol | 24 | | approved partner abuse intervention program for an | 25 | | assessment and to follow all recommended treatment.
| 26 | | (5) Physical care and possession of the minor child. |
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| 1 | | In order to protect
the minor child from abuse, neglect, | 2 | | or unwarranted separation from the person
who has been the | 3 | | minor child's primary caretaker, or to otherwise protect | 4 | | the
well-being of the minor child, the court may do either | 5 | | or both of the
following: (i) grant petitioner physical | 6 | | care or possession of the minor child,
or both, or (ii) | 7 | | order respondent to return a minor child to, or not remove | 8 | | a
minor child from, the physical care of a parent or person | 9 | | in loco parentis.
| 10 | | If a court finds, after a hearing, that respondent has | 11 | | committed abuse
(as defined in Section 103) of a minor | 12 | | child, there shall be a
rebuttable presumption that | 13 | | awarding physical care to respondent would not
be in the | 14 | | minor child's best interest.
| 15 | | (6) Temporary allocation of parental responsibilities: | 16 | | significant decision-making. Award temporary | 17 | | decision-making responsibility to petitioner
in accordance | 18 | | with this Section, the Illinois Marriage and Dissolution | 19 | | of
Marriage Act, the Illinois Parentage Act of 2015, and | 20 | | this State's Uniform
Child-Custody Jurisdiction and | 21 | | Enforcement Act.
| 22 | | If a court finds, after a hearing, that respondent has | 23 | | committed abuse (as
defined in Section 103) of a minor | 24 | | child, there shall be a rebuttable
presumption that | 25 | | awarding temporary significant decision-making | 26 | | responsibility to respondent would not be in
the child's |
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| 1 | | best interest.
| 2 | | (7) Parenting time. Determine the parenting time, if | 3 | | any, of respondent in
any case in which the court awards | 4 | | physical care or allocates temporary significant | 5 | | decision-making responsibility of
a minor child to | 6 | | petitioner. The court shall restrict or deny respondent's | 7 | | parenting time
with a minor child if the court finds that | 8 | | respondent has done or is
likely to do any of the | 9 | | following: (i) abuse or endanger the minor child during | 10 | | parenting time; (ii) use the parenting time as an | 11 | | opportunity to abuse or harass
petitioner or petitioner's | 12 | | family or household members; (iii) improperly
conceal or | 13 | | detain the minor child; or (iv) otherwise act in a manner | 14 | | that is
not in the best interests of the minor child. The | 15 | | court shall not be limited
by the standards set forth in | 16 | | Section 603.10 of the Illinois Marriage and
Dissolution of | 17 | | Marriage Act. If the court grants parenting time, the | 18 | | order shall
specify dates and times for the parenting time | 19 | | to take place or other specific
parameters or conditions | 20 | | that are appropriate. No order for parenting time shall
| 21 | | refer merely to the term "reasonable parenting time".
| 22 | | Petitioner may deny respondent access to the minor | 23 | | child if, when
respondent arrives for parenting time, | 24 | | respondent is under the influence of drugs
or alcohol and | 25 | | constitutes a threat to the safety and well-being of
| 26 | | petitioner or petitioner's minor children or is behaving |
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| 1 | | in a violent or
abusive manner.
| 2 | | If necessary to protect any member of petitioner's | 3 | | family or
household from future abuse, respondent shall be | 4 | | prohibited from coming to
petitioner's residence to meet | 5 | | the minor child for parenting time, and the
parties shall | 6 | | submit to the court their recommendations for reasonable
| 7 | | alternative arrangements for parenting time. A person may | 8 | | be approved to
supervise parenting time only after filing | 9 | | an affidavit accepting
that responsibility and | 10 | | acknowledging accountability to the court.
| 11 | | (8) Removal or concealment of minor child. Prohibit | 12 | | respondent from
removing a minor child from the State or | 13 | | concealing the child within the State.
| 14 | | (9) Order to appear. Order the respondent to appear in | 15 | | court, alone
or with a minor child, to prevent abuse, | 16 | | neglect, removal or concealment of
the child, to return | 17 | | the child to the custody or care of the petitioner or
to | 18 | | permit any court-ordered interview or examination of the | 19 | | child or the
respondent.
| 20 | | (10) Possession of personal property. Grant petitioner | 21 | | exclusive
possession of personal property and, if | 22 | | respondent has possession or
control, direct respondent to | 23 | | promptly make it available to petitioner, if:
| 24 | | (i) petitioner, but not respondent, owns the | 25 | | property; or
| 26 | | (ii) the parties own the property jointly; sharing |
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| 1 | | it would risk
abuse of petitioner by respondent or is | 2 | | impracticable; and the balance of
hardships favors | 3 | | temporary possession by petitioner.
| 4 | | If petitioner's sole claim to ownership of the | 5 | | property is that it is
marital property, the court may | 6 | | award petitioner temporary possession
thereof under the | 7 | | standards of subparagraph (ii) of this paragraph only if
a | 8 | | proper proceeding has been filed under the Illinois | 9 | | Marriage and
Dissolution of Marriage Act, as now or | 10 | | hereafter amended.
| 11 | | No order under this provision shall affect title to | 12 | | property.
| 13 | | (11) Protection of property. Forbid the respondent | 14 | | from taking,
transferring, encumbering, concealing, | 15 | | damaging or otherwise disposing of
any real or personal | 16 | | property, except as explicitly authorized by the
court, | 17 | | 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 | 23 | | property is that it is
marital property, the court may | 24 | | grant 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 | 21 | | Act, which shall govern, among other matters, the amount | 22 | | of
support, payment through the clerk and withholding of | 23 | | income to secure
payment. An order for child support may | 24 | | be 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
| 9 | | well-being of the petitioner or the petitioner's children.
| 10 | | (14.5) Prohibition of firearm possession ; plenary | 11 | | orders .
| 12 | | (a) In the case of a granted plenary order, | 13 | | prohibit Prohibit a respondent against whom an order | 14 | | of protection was issued from possessing any firearms | 15 | | during the duration of the order or 2 years, whichever | 16 | | is longer, if the order: | 17 | | (1) was issued after a hearing of which such | 18 | | person received
actual notice, and at which such | 19 | | person had an opportunity to
participate; | 20 | | (2) restrains such person from harassing, | 21 | | stalking, or
threatening an intimate partner of | 22 | | such person or child of such
intimate partner or | 23 | | person, or engaging in other conduct that
would | 24 | | place an intimate partner in reasonable fear of | 25 | | bodily
injury to the partner or child; and | 26 | | (3)(i) includes a finding that such person |
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| 1 | | represents a
credible threat to the physical | 2 | | safety of such intimate partner
or child; or
(ii) | 3 | | by its terms explicitly prohibits the use, | 4 | | attempted
use, or threatened use of physical force | 5 | | against such intimate
partner or child that would | 6 | | reasonably be expected to cause
bodily injury. | 7 | | Any Firearm Owner's Identification Card in the
| 8 | | possession of the respondent, except as provided in | 9 | | subparagraph subsection (b), shall be revoked or | 10 | | suspended consistent with Section 8.2 of the Firearm | 11 | | Owners Identification Act, and the respondent shall be | 12 | | ordered by the court to surrender the card and any | 13 | | firearm in the respondent's possession consistent with | 14 | | Sections 8.2, 8.3, and 9.5 of the Firearm Owners | 15 | | Identification Act. If the card is suspended, the be | 16 | | turned
over to the local law enforcement agency. The | 17 | | local law enforcement agency shall immediately mail | 18 | | the card to the Illinois State Police Firearm Owner's | 19 | | Identification Card Office
for safekeeping. The court | 20 | | shall
issue a warrant for seizure of any firearm in the | 21 | | possession of the respondent, to be kept by the local | 22 | | law enforcement agency for safekeeping, except as | 23 | | provided in subsection (b).
The period of surrender | 24 | | safekeeping shall be for the duration of the order of | 25 | | protection. If the card is revoked, the period of | 26 | | surrender shall be for the duration of the order of |
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| 1 | | protection or 2 years, whichever is longer. The | 2 | | Illinois State Police shall make notification to the | 3 | | local law enforcement with jurisdiction of the | 4 | | suspension or revocation. The firearm or firearms and | 5 | | Firearm Owner's Identification Card, if unexpired, | 6 | | shall at the respondent's request, be returned to the | 7 | | respondent at the end
of the order of protection. It is | 8 | | the respondent's responsibility to notify the Illinois | 9 | | State Police Firearm Owner's Identification Card | 10 | | Office.
| 11 | | (b) If the respondent is a peace officer as | 12 | | defined in Section 2-13 of
the
Criminal Code of 2012, | 13 | | the court shall order that any firearms used by the
| 14 | | respondent in the performance of his or her duties as a
| 15 | | peace officer be surrendered to
the chief law | 16 | | enforcement executive of the agency in which the | 17 | | respondent is
employed, who shall retain the firearms | 18 | | for surrender safekeeping for the duration of the | 19 | | order of protection or 2 years, whichever is longer .
| 20 | | (c) Upon expiration of the period of surrender | 21 | | safekeeping , if the firearms or Firearm Owner's | 22 | | Identification Card cannot be returned to the | 23 | | respondent because the respondent cannot be located, | 24 | | fails to respond to requests to retrieve the firearms, | 25 | | or is not lawfully eligible to possess a firearm, upon | 26 | | petition from the local law enforcement agency, the |
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| 1 | | court may order the local law enforcement agency to | 2 | | destroy the firearms, use the firearms for training | 3 | | purposes, or for any other application as deemed | 4 | | appropriate by the local law enforcement agency; or | 5 | | that the firearms be turned over to a third party who | 6 | | is lawfully eligible to possess firearms, and who does | 7 | | not reside with the respondent. | 8 | | (d) A respondent who has surrendered a firearm | 9 | | under this paragraph shall not purchase a firearm for | 10 | | the period of surrender. A respondent who has | 11 | | surrendered a firearm under this paragraph shall not | 12 | | possess or have access to any firearm regardless of | 13 | | whether the firearm belongs to another person or if | 14 | | the respondent is residing with another person who | 15 | | owns a firearm and keeps the firearm at the residence. | 16 | | (e) Upon expiration of the period of surrender, | 17 | | any surrendered firearm may only be returned to a | 18 | | respondent if a judicial officer has signed an order | 19 | | to release firearms stating that the order of | 20 | | protection is no longer in effect and the period of | 21 | | surrender has expired. | 22 | | (14.6) Prohibition of firearm possession; emergency | 23 | | orders.
| 24 | | (a) Any Firearm Owner's Identification Card in the | 25 | | possession of the respondent, except as provided in | 26 | | subparagraph (b), shall be suspended consistent with |
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| 1 | | Section 8.2 of the Firearm Owners Identification Act, | 2 | | and the respondent shall be ordered by the court to | 3 | | surrender the card and any firearm in the respondent's | 4 | | possession consistent with Sections 8.3 and 9.5 of the | 5 | | Firearm Owners Identification Act. The period of | 6 | | surrender shall be for the duration of the order of | 7 | | protection.
| 8 | | (b) If the respondent is a peace officer as | 9 | | defined in Section 2-13 of
the
Criminal Code of 2012, | 10 | | the court shall order that any firearms used by the
| 11 | | respondent in the performance of his or her duties as a
| 12 | | peace officer be surrendered to
the chief law | 13 | | enforcement executive of the agency in which the | 14 | | respondent is
employed, who shall retain the firearms | 15 | | for surrender for the duration of the order of | 16 | | protection.
| 17 | | (c) Upon expiration of the period of surrender, if | 18 | | the firearms or Firearm Owner's Identification Card | 19 | | cannot be returned to respondent because respondent | 20 | | cannot be located, fails to respond to requests to | 21 | | retrieve the firearms, or is not lawfully eligible to | 22 | | possess a firearm, upon petition from the local law | 23 | | enforcement agency, the court may order the local law | 24 | | enforcement agency to destroy the firearms, use the | 25 | | firearms for training purposes, or for any other | 26 | | application as deemed appropriate by the local law |
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| 1 | | enforcement agency; or that the firearms be turned | 2 | | over to a third party who is lawfully eligible to | 3 | | possess firearms, and who does not reside with | 4 | | respondent. | 5 | | (d) A respondent who has surrendered a firearm | 6 | | under this paragraph shall not purchase a firearm for | 7 | | the period of surrender. A respondent who has | 8 | | surrendered a firearm under this paragraph shall not | 9 | | possess or have access to any firearm regardless of | 10 | | whether the firearm belongs to another person or if | 11 | | the respondent is residing with another person who | 12 | | owns a firearm and keeps the firearm at the residence. | 13 | | (e) Upon expiration of the period of surrender, | 14 | | any surrendered firearm may only be returned to a | 15 | | respondent if a judicial officer has signed an order | 16 | | to release firearms stating that the order of | 17 | | protection is no longer in effect and the period of | 18 | | surrender has expired. | 19 | | (15) Prohibition of access to records. If an order of | 20 | | protection
prohibits respondent from having contact with | 21 | | the minor child,
or if petitioner's address is omitted | 22 | | under subsection (b) of
Section 203, or if necessary to | 23 | | prevent abuse or wrongful removal or
concealment of a | 24 | | minor child, the order shall deny respondent access to, | 25 | | and
prohibit respondent from inspecting, obtaining, or | 26 | | attempting to
inspect or obtain, school or any other |
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| 1 | | records of the minor child
who is in the care of | 2 | | petitioner.
| 3 | | (16) Order for payment of shelter services. Order | 4 | | respondent to
reimburse a shelter providing temporary | 5 | | housing and counseling services to
the petitioner for the | 6 | | cost of the services, as certified by the shelter
and | 7 | | deemed reasonable by the court.
| 8 | | (17) Order for injunctive relief. Enter injunctive | 9 | | relief necessary
or appropriate to prevent further abuse | 10 | | of a family or household member
or further abuse, neglect, | 11 | | or exploitation of a high-risk adult with
disabilities or | 12 | | to effectuate one of the granted remedies, if supported by | 13 | | the
balance of hardships. If the harm to be prevented by | 14 | | the injunction is abuse
or any other harm that one of the | 15 | | remedies listed in paragraphs (1) through
(16) of this | 16 | | subsection is designed to prevent, no further evidence is
| 17 | | necessary that the harm is an irreparable injury.
| 18 | | (18) Telephone services. | 19 | | (A) Unless a condition described in subparagraph | 20 | | (B) of this paragraph exists, the court may, upon | 21 | | request by the petitioner, order a wireless telephone | 22 | | service provider to transfer to the petitioner the | 23 | | right to continue to use a telephone number or numbers | 24 | | indicated by the petitioner and the financial | 25 | | responsibility associated with the number or numbers, | 26 | | as set forth in subparagraph (C) of this paragraph. |
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| 1 | | For purposes of this paragraph (18), the term | 2 | | "wireless telephone service provider" means a provider | 3 | | of commercial mobile service as defined in 47 U.S.C. | 4 | | 332. The petitioner may request the transfer of each | 5 | | telephone number that the petitioner, or a minor child | 6 | | in his or her custody, uses. The clerk of the court | 7 | | shall serve the order on the wireless telephone | 8 | | service provider's agent for service of process | 9 | | provided to the Illinois Commerce Commission. The | 10 | | order shall contain all of the following: | 11 | | (i) The name and billing telephone number of | 12 | | the account holder including the name of the | 13 | | wireless telephone service provider that serves | 14 | | the account. | 15 | | (ii) Each telephone number that will be | 16 | | transferred. | 17 | | (iii) A statement that the provider transfers | 18 | | to the petitioner all financial responsibility for | 19 | | and right to the use of any telephone number | 20 | | transferred under this paragraph. | 21 | | (B) A wireless telephone service provider shall | 22 | | terminate the respondent's use of, and shall transfer | 23 | | to the petitioner use of, the telephone number or | 24 | | numbers indicated in subparagraph (A) of this | 25 | | paragraph unless it notifies the petitioner, within 72 | 26 | | hours after it receives the order, that one of the |
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| 1 | | following applies: | 2 | | (i) The account holder named in the order has | 3 | | terminated the account. | 4 | | (ii) A difference in network technology would | 5 | | prevent or impair the functionality of a device on | 6 | | a network if the transfer occurs. | 7 | | (iii) The transfer would cause a geographic or | 8 | | other limitation on network or service provision | 9 | | to the petitioner. | 10 | | (iv) Another technological or operational | 11 | | issue would prevent or impair the use of the | 12 | | telephone number if the transfer occurs. | 13 | | (C) The petitioner assumes all financial | 14 | | responsibility for and right to the use of any | 15 | | telephone number transferred under this paragraph. In | 16 | | this paragraph, "financial responsibility" includes | 17 | | monthly service costs and costs associated with any | 18 | | mobile device associated with the number. | 19 | | (D) A wireless telephone service provider may | 20 | | apply to the petitioner its routine and customary | 21 | | requirements for establishing an account or | 22 | | transferring a number, including requiring the | 23 | | petitioner to provide proof of identification, | 24 | | financial information, and customer preferences.
| 25 | | (E) Except for willful or wanton misconduct, a | 26 | | wireless telephone service provider is immune from |
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| 1 | | civil liability for its actions taken in compliance | 2 | | with a court order issued under this paragraph. | 3 | | (F) All wireless service providers that provide | 4 | | services to residential customers shall provide to the | 5 | | Illinois Commerce Commission the name and address of | 6 | | an agent for service of orders entered under this | 7 | | paragraph (18). Any change in status of the registered | 8 | | agent must be reported to the Illinois Commerce | 9 | | Commission within 30 days of such change. | 10 | | (G) The Illinois Commerce Commission shall | 11 | | maintain the list of registered agents for service for | 12 | | each wireless telephone service provider on the | 13 | | Commission's website. The Commission may consult with | 14 | | wireless telephone service providers and the Circuit | 15 | | Court Clerks on the manner in which this information | 16 | | is provided and displayed. | 17 | | (c) Relevant factors; findings.
| 18 | | (1) In determining whether to grant a specific remedy, | 19 | | other than
payment of support, the court shall consider
| 20 | | relevant factors, including but not limited to the | 21 | | following:
| 22 | | (i) the nature, frequency, severity, pattern and | 23 | | consequences of the
respondent's past abuse, neglect | 24 | | or exploitation of the petitioner or
any family or | 25 | | household member, including the concealment of his or | 26 | | her
location in order to evade service of process or |
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| 1 | | notice, and the likelihood of
danger of future abuse, | 2 | | neglect, or exploitation to petitioner or any member | 3 | | of
petitioner's or respondent's family or household; | 4 | | and
| 5 | | (ii) the danger that any minor child will be | 6 | | abused or neglected or
improperly relocated from the | 7 | | jurisdiction, improperly concealed within the
State or | 8 | | improperly separated from the child's primary | 9 | | caretaker.
| 10 | | (2) In comparing relative hardships resulting to the | 11 | | parties from loss
of possession of the family home, the | 12 | | court shall consider relevant
factors, including but not | 13 | | limited to the following:
| 14 | | (i) availability, accessibility, cost, safety, | 15 | | adequacy, location and
other characteristics of | 16 | | alternate housing for each party and any minor child
| 17 | | or dependent adult in the party's care;
| 18 | | (ii) the effect on the party's employment; and
| 19 | | (iii) the effect on the relationship of the party, | 20 | | and any minor
child or dependent adult in the party's | 21 | | care, to family, school, church
and community.
| 22 | | (3) Subject to the exceptions set forth in paragraph | 23 | | (4) of this
subsection, the court shall make its findings | 24 | | in an official record or in
writing, and shall at a minimum | 25 | | set forth the following:
| 26 | | (i) That the court has considered the applicable |
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| 1 | | relevant factors
described in paragraphs (1) and (2) | 2 | | of this subsection.
| 3 | | (ii) Whether the conduct or actions of respondent, | 4 | | unless
prohibited, will likely cause irreparable harm | 5 | | or continued abuse.
| 6 | | (iii) Whether it is necessary to grant the | 7 | | requested relief in order
to protect petitioner or | 8 | | other alleged abused persons.
| 9 | | (4) For purposes of issuing an ex parte emergency | 10 | | order of protection,
the court, as an alternative to or as | 11 | | a supplement to making the findings
described in | 12 | | paragraphs (c)(3)(i) through (c)(3)(iii) of this | 13 | | subsection, may
use the following procedure:
| 14 | | When a verified petition for an emergency order of | 15 | | protection in
accordance with the requirements of Sections | 16 | | 203 and 217 is
presented to the court, the court shall | 17 | | examine petitioner on oath or
affirmation. An emergency | 18 | | order of protection shall be issued by the court
if it | 19 | | appears from the contents of the petition and the | 20 | | examination of
petitioner that the averments are | 21 | | sufficient to indicate abuse by
respondent and to support | 22 | | the granting of relief under the issuance of the
emergency | 23 | | order of protection.
| 24 | | (5) Never married parties. No rights or | 25 | | responsibilities for a minor
child born outside of | 26 | | marriage attach to a putative father until a father and
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| 1 | | child relationship has been established under the Illinois | 2 | | Parentage Act of
1984, the Illinois Parentage Act of 2015, | 3 | | the Illinois Public Aid Code, Section 12 of the Vital | 4 | | Records Act, the
Juvenile Court Act of 1987, the Probate | 5 | | Act of 1975, the Revised Uniform
Reciprocal Enforcement of | 6 | | Support Act, the Uniform Interstate Family Support
Act, | 7 | | the Expedited Child Support Act of 1990, any judicial, | 8 | | administrative, or
other act of another state or | 9 | | territory, any other Illinois statute, or by any
foreign | 10 | | nation establishing the father and child relationship, any | 11 | | other
proceeding substantially in conformity with the | 12 | | Personal Responsibility and
Work Opportunity | 13 | | Reconciliation Act of 1996 (Pub. L. 104-193), or where | 14 | | both
parties appeared in open court or at an | 15 | | administrative hearing acknowledging
under
oath or | 16 | | admitting by affirmation the existence of a father and | 17 | | child
relationship.
Absent such an adjudication, finding, | 18 | | or acknowledgment, no putative
father shall be granted
| 19 | | temporary allocation of parental responsibilities, | 20 | | including parenting time with the minor child, or
physical | 21 | | care and possession of the minor child, nor shall an order | 22 | | of payment
for support of the minor child be entered.
| 23 | | (d) Balance of hardships; findings. If the court finds | 24 | | that the balance
of hardships does not support the granting of | 25 | | a remedy governed by
paragraph (2), (3), (10), (11), or (16) of | 26 | | subsection (b) of this Section,
which may require such |
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| 1 | | balancing, the court's findings shall so
indicate and shall | 2 | | include a finding as to whether granting the remedy will
| 3 | | result in hardship to respondent that would substantially | 4 | | outweigh the hardship
to petitioner from denial of the remedy. | 5 | | The findings shall be an official
record or in writing.
| 6 | | (e) Denial of remedies. Denial of any remedy shall not be | 7 | | based, in
whole or in part, on evidence that:
| 8 | | (1) Respondent has cause for any use of force, unless | 9 | | that cause
satisfies the standards for justifiable use of | 10 | | force provided by Article
7 of the Criminal Code of 2012;
| 11 | | (2) Respondent was voluntarily intoxicated;
| 12 | | (3) Petitioner acted in self-defense or defense of | 13 | | another, provided
that, if petitioner utilized force, such | 14 | | force was justifiable under
Article 7 of the Criminal Code | 15 | | of 2012;
| 16 | | (4) Petitioner did not act in self-defense or defense | 17 | | of another;
| 18 | | (5) Petitioner left the residence or household to | 19 | | avoid further abuse,
neglect, or exploitation by | 20 | | respondent;
| 21 | | (6) Petitioner did not leave the residence or | 22 | | household to avoid further
abuse, neglect, or exploitation | 23 | | by respondent;
| 24 | | (7) Conduct by any family or household member excused | 25 | | the abuse,
neglect, or exploitation by respondent, unless | 26 | | that same conduct would have
excused such abuse, neglect, |
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| 1 | | or exploitation if the parties had not been
family or | 2 | | household members.
| 3 | | (Source: P.A. 102-538, eff. 8-20-21.)
| 4 | | (750 ILCS 60/217) (from Ch. 40, par. 2312-17)
| 5 | | Sec. 217. Emergency order of protection.
| 6 | | (a) Prerequisites. An emergency order of protection shall | 7 | | issue if
petitioner satisfies the requirements of this | 8 | | subsection for one or more of the
requested remedies. For each | 9 | | remedy requested, petitioner shall establish
that:
| 10 | | (1) The court has jurisdiction under Section 208;
| 11 | | (2) The requirements of Section 214 are satisfied; and
| 12 | | (3) There is good cause to grant the remedy, | 13 | | regardless of prior service
of process or of notice upon | 14 | | the respondent, because:
| 15 | | (i) For
the remedies of "prohibition of abuse" | 16 | | described in
Section 214(b)(1), "stay away order and | 17 | | additional prohibitions" described in
Section
| 18 | | 214(b)(3), "removal or concealment of minor child" | 19 | | described in Section
214(b)(8), "order to appear" | 20 | | described in Section 214(b)(9), "physical
care and | 21 | | possession of the minor child" described in Section | 22 | | 214(b)(5),
"protection of property" described in | 23 | | Section 214(b)(11), "prohibition
of entry" described | 24 | | in Section 214(b)(14), "prohibition of firearm | 25 | | possession" described in Section 214(b)(14.6) |
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| 1 | | 214(b)(14.5) , "prohibition of access to
records" | 2 | | described in Section 214(b)(15), and "injunctive | 3 | | relief"
described in Section 214(b)(16), the harm | 4 | | which that remedy
is intended to prevent would be | 5 | | likely to occur if the respondent were given
any prior | 6 | | notice, or greater notice than was actually given, of | 7 | | the
petitioner's efforts to obtain judicial relief;
| 8 | | (ii) For the remedy of "grant of exclusive | 9 | | possession of
residence" described in Section | 10 | | 214(b)(2), the immediate danger of further
abuse of | 11 | | petitioner by respondent,
if petitioner chooses or had | 12 | | chosen to remain in the residence or household
while | 13 | | respondent was given any prior notice or greater | 14 | | notice than was
actually given of petitioner's efforts | 15 | | to obtain judicial relief,
outweighs the hardships to | 16 | | respondent of an emergency order
granting petitioner | 17 | | exclusive possession of the residence or household.
| 18 | | This remedy shall not be denied because petitioner has | 19 | | or could obtain
temporary shelter elsewhere while | 20 | | prior notice is given to respondent, unless
the
| 21 | | hardships to respondent from exclusion from the home | 22 | | substantially outweigh
those to petitioner;
| 23 | | (iii) For the remedy of "possession of personal | 24 | | property"
described in
Section 214(b)(10), improper | 25 | | disposition of the personal
property would be likely
| 26 | | to occur if respondent were given any prior notice, or |
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| 1 | | greater notice than
was actually given, of | 2 | | petitioner's efforts to obtain judicial relief, or
| 3 | | petitioner has an immediate and pressing need for | 4 | | possession of that property.
| 5 | | An emergency order may not include the counseling, legal | 6 | | custody, payment
of support or monetary compensation remedies.
| 7 | | (a-5) When a petition for an emergency order of protection | 8 | | is granted, the order shall not be publicly available until | 9 | | the order is served on the respondent. | 10 | | (b) Appearance by respondent.
If respondent appears in | 11 | | court for this hearing for an emergency order,
he or she may | 12 | | elect to file a general appearance and testify.
Any resulting | 13 | | order may be an emergency order, governed
by this Section.
| 14 | | Notwithstanding the requirements of this Section, if all | 15 | | requirements of
Section 218 have been met, the court may issue | 16 | | a 30-day interim order.
| 17 | | (c) Emergency orders: court holidays and evenings.
| 18 | | (1) Prerequisites. When the court is unavailable at | 19 | | the close of
business, the petitioner may file a petition | 20 | | for a 21-day emergency order
before any available circuit | 21 | | judge or associate judge who may grant relief
under this | 22 | | Act. If the judge finds that there is an immediate and | 23 | | present
danger of abuse to petitioner and that petitioner | 24 | | has satisfied the
prerequisites set forth in subsection | 25 | | (a) of Section 217, that judge may
issue an emergency | 26 | | order of protection.
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| 1 | | (1.5) Issuance of order. The chief judge of the | 2 | | circuit court
may designate for each county in the circuit | 3 | | at least one judge to be
reasonably available to
issue | 4 | | orally, by telephone, by facsimile, or otherwise, an | 5 | | emergency
order of protection at all times, whether or not | 6 | | the court is in session.
| 7 | | (2) Certification and transfer. The judge who issued | 8 | | the order under this Section shall promptly communicate or | 9 | | convey the order to the sheriff to facilitate the entry of | 10 | | the order into the Law Enforcement Agencies Data System by | 11 | | the Illinois State Police pursuant to Section 302. Any | 12 | | order issued under this Section and
any documentation in | 13 | | support thereof shall be certified on the next court
day | 14 | | to the appropriate court. The clerk of that court shall | 15 | | immediately
assign a case number, file the petition, order | 16 | | and other documents with the
court, and enter the order of | 17 | | record and file it with the sheriff for
service, in | 18 | | accordance with Section 222. Filing the petition
shall | 19 | | commence proceedings for further relief under Section 202.
| 20 | | Failure to comply with the requirements of this subsection | 21 | | shall not
affect the validity of the order.
| 22 | | (Source: P.A. 101-255, eff. 1-1-20; 102-538, eff. 8-20-21.)
| 23 | | (750 ILCS 60/223) (from Ch. 40, par. 2312-23)
| 24 | | (Text of Section before amendment by P.A. 101-652 )
| 25 | | Sec. 223. Enforcement of orders of protection.
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| 1 | | (a) When violation is crime. A violation of any order of | 2 | | protection,
whether issued in a civil or criminal proceeding, | 3 | | shall be enforced
by a
criminal court when:
| 4 | | (1) The respondent commits the crime of violation of | 5 | | an order of
protection pursuant to Section 12-3.4 or 12-30 | 6 | | of the Criminal Code of
1961 or the Criminal Code of 2012, | 7 | | by
having knowingly violated:
| 8 | | (i) remedies described in paragraphs (1), (2), | 9 | | (3), (14),
or (14.5) , or (14.6) of
subsection (b) of | 10 | | Section 214 of this Act; or
| 11 | | (ii) a remedy, which is substantially similar to | 12 | | the remedies
authorized under paragraphs (1), (2), | 13 | | (3), (14), and (14.5) , and (14.6) of subsection (b)
of | 14 | | Section 214 of this Act, in a valid order of protection | 15 | | which is authorized
under the laws of another state, | 16 | | tribe, or United States territory; or
| 17 | | (iii) any other remedy when the act
constitutes a | 18 | | crime against the protected parties as defined by the
| 19 | | Criminal Code of 1961 or the Criminal Code of 2012.
| 20 | | Prosecution for a violation of an order of
protection | 21 | | shall not bar concurrent prosecution for any other crime,
| 22 | | including any crime that may have been committed at the | 23 | | time of the
violation of the order of protection; or
| 24 | | (2) The respondent commits the crime of child | 25 | | abduction pursuant
to Section 10-5 of the Criminal Code of | 26 | | 1961 or the Criminal Code of 2012, by having knowingly |
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| 1 | | violated:
| 2 | | (i) remedies described in paragraphs (5), (6) or | 3 | | (8) of subsection
(b) of
Section 214 of this Act; or
| 4 | | (ii) a remedy, which is substantially similar to | 5 | | the remedies
authorized under paragraphs (5), (6), or | 6 | | (8) of subsection (b) of Section 214
of this Act, in a | 7 | | valid order of protection which is authorized under | 8 | | the laws
of another state, tribe, or United States | 9 | | territory.
| 10 | | (b) When violation is contempt of court. A violation of | 11 | | any valid
Illinois order of protection, whether issued in a | 12 | | civil or criminal
proceeding, may be enforced through civil or | 13 | | criminal contempt procedures,
as appropriate, by any court | 14 | | with jurisdiction, regardless where the act or
acts which | 15 | | violated the order of protection were committed, to the extent
| 16 | | consistent with the venue provisions of this Act. Nothing in | 17 | | this Act
shall preclude any Illinois court from enforcing any | 18 | | valid order of
protection issued in another state. Illinois | 19 | | courts may enforce orders of
protection through both criminal | 20 | | prosecution and contempt proceedings,
unless the action which | 21 | | is second in time is barred by collateral estoppel
or the | 22 | | constitutional prohibition against double jeopardy.
| 23 | | (1) In a contempt proceeding where the petition for a | 24 | | rule to show
cause sets forth facts evidencing an | 25 | | immediate danger that the
respondent will flee the | 26 | | jurisdiction, conceal a child, or inflict physical
abuse |
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| 1 | | on the petitioner or minor children or on dependent adults | 2 | | in
petitioner's care, the court may order the
attachment | 3 | | of the respondent without prior service of the rule to | 4 | | show
cause or the petition for a rule to show cause. Bond | 5 | | shall be set unless
specifically denied in writing.
| 6 | | (2) A petition for a rule to show cause for violation | 7 | | of an order of
protection shall be treated as an expedited | 8 | | proceeding.
| 9 | | (b-1) The court shall not hold a school district or | 10 | | private or non-public school or any of its employees in civil | 11 | | or criminal contempt unless the school district or private or | 12 | | non-public school has been allowed to intervene. | 13 | | (b-2) The court may hold the parents, guardian, or legal | 14 | | custodian of a minor respondent in civil or criminal contempt | 15 | | for a violation of any provision of any order entered under | 16 | | this Act for conduct of the minor respondent in violation of | 17 | | this Act if the
parents, guardian, or legal custodian | 18 | | directed, encouraged, or assisted the respondent minor in such | 19 | | conduct. | 20 | | (c) Violation of custody or support orders or temporary or | 21 | | final judgments allocating parental responsibilities. A | 22 | | violation of remedies
described in paragraphs (5), (6), (8), | 23 | | or (9) of subsection (b) of Section
214 of this Act may be | 24 | | enforced by any remedy provided by Section 607.5 of
the | 25 | | Illinois Marriage and Dissolution of Marriage Act. The court | 26 | | may
enforce any order for support issued under paragraph (12) |
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| 1 | | of subsection (b)
of Section 214 in the manner provided for | 2 | | under Parts V and VII of the
Illinois Marriage and Dissolution | 3 | | of Marriage Act.
| 4 | | (d) Actual knowledge. An order of protection may be | 5 | | enforced pursuant to
this Section if the respondent violates | 6 | | the order after the
respondent has
actual knowledge of its | 7 | | contents as shown through one of the following means:
| 8 | | (1) By service, delivery, or notice under Section 210.
| 9 | | (2) By notice under Section 210.1 or 211.
| 10 | | (3) By service of an order of protection under Section | 11 | | 222.
| 12 | | (4) By other means demonstrating actual knowledge of | 13 | | the contents of the
order.
| 14 | | (e) The enforcement of an order of protection in civil or | 15 | | criminal court
shall not be affected by either of the | 16 | | following:
| 17 | | (1) The existence of a separate, correlative order, | 18 | | entered under Section
215.
| 19 | | (2) Any finding or order entered in a conjoined | 20 | | criminal proceeding.
| 21 | | (f) Circumstances. The court, when determining whether or | 22 | | not a
violation of an order of protection has occurred, shall | 23 | | not require
physical manifestations of abuse on the person of | 24 | | the victim.
| 25 | | (g) Penalties.
| 26 | | (1) Except as provided in paragraph (3) of this
|
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| 1 | | subsection, where the court finds the commission of a | 2 | | crime or contempt of
court under subsections (a) or (b) of | 3 | | this Section, the penalty shall be
the penalty that | 4 | | generally applies in such criminal or contempt
| 5 | | proceedings, and may include one or more of the following: | 6 | | incarceration,
payment of restitution, a fine, payment of | 7 | | attorneys' fees and costs, or
community service.
| 8 | | (2) The court shall hear and take into account | 9 | | evidence of any factors
in aggravation or mitigation | 10 | | before deciding an appropriate penalty under
paragraph (1) | 11 | | of this subsection.
| 12 | | (3) To the extent permitted by law, the court is | 13 | | encouraged to:
| 14 | | (i) increase the penalty for the knowing violation | 15 | | of
any order of protection over any penalty previously | 16 | | imposed by any court
for respondent's violation of any | 17 | | order of protection or penal statute
involving | 18 | | petitioner as victim and respondent as defendant;
| 19 | | (ii) impose a minimum penalty of 24 hours | 20 | | imprisonment for respondent's
first violation of any | 21 | | order of protection; and
| 22 | | (iii) impose a minimum penalty of 48 hours | 23 | | imprisonment for
respondent's second or subsequent | 24 | | violation of an order of protection
| 25 | | unless the court explicitly finds that an increased | 26 | | penalty or that
period of imprisonment would be manifestly |
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| 1 | | unjust.
| 2 | | (4) In addition to any other penalties imposed for a | 3 | | violation of an
order of protection, a criminal court may | 4 | | consider evidence of any
violations of an order of | 5 | | protection:
| 6 | | (i) to increase, revoke or modify the bail bond on | 7 | | an underlying
criminal charge pursuant to Section | 8 | | 110-6 of the Code of Criminal Procedure
of 1963;
| 9 | | (ii) to revoke or modify an order of probation, | 10 | | conditional discharge or
supervision, pursuant to | 11 | | Section 5-6-4 of the Unified Code of Corrections;
| 12 | | (iii) to revoke or modify a sentence of periodic | 13 | | imprisonment,
pursuant to Section 5-7-2 of the Unified | 14 | | Code of Corrections.
| 15 | | (5) In addition to any other penalties, the court | 16 | | shall impose an
additional fine of $20 as authorized by | 17 | | Section 5-9-1.11 of the Unified Code of
Corrections upon | 18 | | any person convicted of or placed on supervision for a
| 19 | | violation of an order of protection.
The additional fine | 20 | | shall be imposed for each violation of this Section.
| 21 | | (Source: P.A. 99-90, eff. 1-1-16 .)
| 22 | | (Text of Section after amendment by P.A. 101-652 ) | 23 | | Sec. 223. Enforcement of orders of protection.
| 24 | | (a) When violation is crime. A violation of any order of | 25 | | protection,
whether issued in a civil or criminal proceeding, |
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| 1 | | shall be enforced
by a
criminal court when:
| 2 | | (1) The respondent commits the crime of violation of | 3 | | an order of
protection pursuant to Section 12-3.4 or 12-30 | 4 | | of the Criminal Code of
1961 or the Criminal Code of 2012, | 5 | | by
having knowingly violated:
| 6 | | (i) remedies described in paragraphs (1), (2), | 7 | | (3), (14),
or (14.5) , or (14.6) of
subsection (b) of | 8 | | Section 214 of this Act; or
| 9 | | (ii) a remedy, which is substantially similar to | 10 | | the remedies
authorized under paragraphs (1), (2), | 11 | | (3), (14), and (14.5) , and (14.6) of subsection (b)
of | 12 | | Section 214 of this Act, in a valid order of protection | 13 | | which is authorized
under the laws of another state, | 14 | | tribe, or United States territory; or
| 15 | | (iii) any other remedy when the act
constitutes a | 16 | | crime against the protected parties as defined by the
| 17 | | Criminal Code of 1961 or the Criminal Code of 2012.
| 18 | | Prosecution for a violation of an order of
protection | 19 | | shall not bar concurrent prosecution for any other crime,
| 20 | | including any crime that may have been committed at the | 21 | | time of the
violation of the order of protection; or
| 22 | | (2) The respondent commits the crime of child | 23 | | abduction pursuant
to Section 10-5 of the Criminal Code of | 24 | | 1961 or the Criminal Code of 2012, by having knowingly | 25 | | violated:
| 26 | | (i) remedies described in paragraphs (5), (6) or |
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| 1 | | (8) of subsection
(b) of
Section 214 of this Act; or
| 2 | | (ii) a remedy, which is substantially similar to | 3 | | the remedies
authorized under paragraphs (5), (6), or | 4 | | (8) of subsection (b) of Section 214
of this Act, in a | 5 | | valid order of protection which is authorized under | 6 | | the laws
of another state, tribe, or United States | 7 | | territory.
| 8 | | (b) When violation is contempt of court. A violation of | 9 | | any valid
Illinois order of protection, whether issued in a | 10 | | civil or criminal
proceeding, may be enforced through civil or | 11 | | criminal contempt procedures,
as appropriate, by any court | 12 | | with jurisdiction, regardless where the act or
acts which | 13 | | violated the order of protection were committed, to the extent
| 14 | | consistent with the venue provisions of this Act. Nothing in | 15 | | this Act
shall preclude any Illinois court from enforcing any | 16 | | valid order of
protection issued in another state. Illinois | 17 | | courts may enforce orders of
protection through both criminal | 18 | | prosecution and contempt proceedings,
unless the action which | 19 | | is second in time is barred by collateral estoppel
or the | 20 | | constitutional prohibition against double jeopardy.
| 21 | | (1) In a contempt proceeding where the petition for a | 22 | | rule to show
cause sets forth facts evidencing an | 23 | | immediate danger that the
respondent will flee the | 24 | | jurisdiction, conceal a child, or inflict physical
abuse | 25 | | on the petitioner or minor children or on dependent adults | 26 | | in
petitioner's care, the court may order the
attachment |
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| 1 | | of the respondent without prior service of the rule to | 2 | | show
cause or the petition for a rule to show cause. | 3 | | Conditions of release shall be set unless
specifically | 4 | | denied in writing.
| 5 | | (2) A petition for a rule to show cause for violation | 6 | | of an order of
protection shall be treated as an expedited | 7 | | proceeding.
| 8 | | (b-1) The court shall not hold a school district or | 9 | | private or non-public school or any of its employees in civil | 10 | | or criminal contempt unless the school district or private or | 11 | | non-public school has been allowed to intervene. | 12 | | (b-2) The court may hold the parents, guardian, or legal | 13 | | custodian of a minor respondent in civil or criminal contempt | 14 | | for a violation of any provision of any order entered under | 15 | | this Act for conduct of the minor respondent in violation of | 16 | | this Act if the
parents, guardian, or legal custodian | 17 | | directed, encouraged, or assisted the respondent minor in such | 18 | | conduct. | 19 | | (c) Violation of custody or support orders or temporary or | 20 | | final judgments allocating parental responsibilities. A | 21 | | violation of remedies
described in paragraphs (5), (6), (8), | 22 | | or (9) of subsection (b) of Section
214 of this Act may be | 23 | | enforced by any remedy provided by Section 607.5 of
the | 24 | | Illinois Marriage and Dissolution of Marriage Act. The court | 25 | | may
enforce any order for support issued under paragraph (12) | 26 | | of subsection (b)
of Section 214 in the manner provided for |
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| 1 | | under Parts V and VII of the
Illinois Marriage and Dissolution | 2 | | of Marriage Act.
| 3 | | (d) Actual knowledge. An order of protection may be | 4 | | enforced pursuant to
this Section if the respondent violates | 5 | | the order after the
respondent has
actual knowledge of its | 6 | | contents as shown through one of the following means:
| 7 | | (1) By service, delivery, or notice under Section 210.
| 8 | | (2) By notice under Section 210.1 or 211.
| 9 | | (3) By service of an order of protection under Section | 10 | | 222.
| 11 | | (4) By other means demonstrating actual knowledge of | 12 | | the contents of the
order.
| 13 | | (e) The enforcement of an order of protection in civil or | 14 | | criminal court
shall not be affected by either of the | 15 | | following:
| 16 | | (1) The existence of a separate, correlative order, | 17 | | entered under Section
215.
| 18 | | (2) Any finding or order entered in a conjoined | 19 | | criminal proceeding.
| 20 | | (f) Circumstances. The court, when determining whether or | 21 | | not a
violation of an order of protection has occurred, shall | 22 | | not require
physical manifestations of abuse on the person of | 23 | | the victim.
| 24 | | (g) Penalties.
| 25 | | (1) Except as provided in paragraph (3) of this
| 26 | | subsection, where the court finds the commission of a |
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| 1 | | crime or contempt of
court under subsections (a) or (b) of | 2 | | this Section, the penalty shall be
the penalty that | 3 | | generally applies in such criminal or contempt
| 4 | | proceedings, and may include one or more of the following: | 5 | | incarceration,
payment of restitution, a fine, payment of | 6 | | attorneys' fees and costs, or
community service.
| 7 | | (2) The court shall hear and take into account | 8 | | evidence of any factors
in aggravation or mitigation | 9 | | before deciding an appropriate penalty under
paragraph (1) | 10 | | of this subsection.
| 11 | | (3) To the extent permitted by law, the court is | 12 | | encouraged to:
| 13 | | (i) increase the penalty for the knowing violation | 14 | | of
any order of protection over any penalty previously | 15 | | imposed by any court
for respondent's violation of any | 16 | | order of protection or penal statute
involving | 17 | | petitioner as victim and respondent as defendant;
| 18 | | (ii) impose a minimum penalty of 24 hours | 19 | | imprisonment for respondent's
first violation of any | 20 | | order of protection; and
| 21 | | (iii) impose a minimum penalty of 48 hours | 22 | | imprisonment for
respondent's second or subsequent | 23 | | violation of an order of protection
| 24 | | unless the court explicitly finds that an increased | 25 | | penalty or that
period of imprisonment would be manifestly | 26 | | unjust.
|
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| 1 | | (4) In addition to any other penalties imposed for a | 2 | | violation of an
order of protection, a criminal court may | 3 | | consider evidence of any
violations of an order of | 4 | | protection:
| 5 | | (i) to increase, revoke or modify the conditions | 6 | | of pretrial release on an underlying
criminal charge | 7 | | pursuant to Section 110-6 of the Code of Criminal | 8 | | Procedure
of 1963;
| 9 | | (ii) to revoke or modify an order of probation, | 10 | | conditional discharge or
supervision, pursuant to | 11 | | Section 5-6-4 of the Unified Code of Corrections;
| 12 | | (iii) to revoke or modify a sentence of periodic | 13 | | imprisonment,
pursuant to Section 5-7-2 of the Unified | 14 | | Code of Corrections.
| 15 | | (5) In addition to any other penalties, the court | 16 | | shall impose an
additional fine of $20 as authorized by | 17 | | Section 5-9-1.11 of the Unified Code of
Corrections upon | 18 | | any person convicted of or placed on supervision for a
| 19 | | violation of an order of protection.
The additional fine | 20 | | shall be imposed for each violation of this Section.
| 21 | | (Source: P.A. 101-652, eff. 1-1-23.)
| 22 | | Section 95. No acceleration or delay. Where this Act makes | 23 | | changes in a statute that is represented in this Act by text | 24 | | that is not yet or no longer in effect (for example, a Section | 25 | | represented by multiple versions), the use of that text does |
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| 1 | | not accelerate or delay the taking effect of (i) the changes | 2 | | made by this Act or (ii) provisions derived from any other | 3 | | Public Act.".
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