Full Text of HB3045 97th General Assembly
HB3045eng 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Domestic Violence Act of 1986 is | 5 | | amended by changing Section 214 as follows:
| 6 | | (750 ILCS 60/214) (from Ch. 40, par. 2312-14)
| 7 | | Sec. 214. Order of protection; remedies.
| 8 | | (a) Issuance of order. If the court finds that petitioner | 9 | | has been
abused by a family or household member or that | 10 | | petitioner is a high-risk
adult who has been abused, neglected, | 11 | | or exploited, as defined in this Act,
an order of protection | 12 | | prohibiting the abuse, neglect, or exploitation
shall issue; | 13 | | provided that petitioner must also satisfy the requirements of
| 14 | | one of the following Sections, as appropriate: Section 217 on | 15 | | emergency
orders, Section 218 on interim orders, or Section 219 | 16 | | on plenary orders.
Petitioner shall not be denied an order of | 17 | | protection because petitioner or
respondent is a minor. The | 18 | | court, when determining whether or not to issue
an order of | 19 | | protection, shall not require physical manifestations of abuse
| 20 | | on the person of the victim. Modification and extension of | 21 | | prior
orders of protection shall be in accordance with this | 22 | | Act.
| 23 | | (b) Remedies and standards. The remedies to be included in |
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| 1 | | an order of
protection shall be determined in accordance with | 2 | | this Section and one of
the following Sections, as appropriate: | 3 | | Section 217 on emergency orders,
Section 218 on interim orders, | 4 | | and Section 219 on plenary orders. The
remedies listed in this | 5 | | subsection shall be in addition to other civil or
criminal | 6 | | remedies available to petitioner.
| 7 | | (1) Prohibition of abuse, neglect, or exploitation. | 8 | | Prohibit
respondent's harassment, interference with | 9 | | personal liberty, intimidation
of a dependent, physical | 10 | | abuse, or willful deprivation, neglect or
exploitation, as | 11 | | defined in this Act, or stalking of the petitioner, as | 12 | | defined
in Section 12-7.3 of the Criminal Code of 1961, if | 13 | | such abuse, neglect,
exploitation, or stalking has | 14 | | occurred or otherwise appears likely to occur if
not | 15 | | prohibited. Additionally, the court, on the request of | 16 | | respondent or on its own motion, may prohibit petitioner | 17 | | from harassing the respondent; for purposes of this | 18 | | sentence, "harassment" means knowing conduct which is not | 19 | | necessary to accomplish a purpose that is reasonable under | 20 | | the circumstances; would cause a reasonable person | 21 | | emotional distress; and does cause emotional distress to | 22 | | the respondent. A court order that prohibits a petitioner | 23 | | from harassing the respondent shall not be construed as a | 24 | | mutual order of protection.
| 25 | | (2) Grant of exclusive possession of residence. | 26 | | Prohibit respondent from
entering or remaining in any |
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| 1 | | residence, household, or premises of the petitioner,
| 2 | | including one owned or leased by respondent, if petitioner | 3 | | has a right to
occupancy thereof. The grant of exclusive | 4 | | possession of the residence, household, or premises shall | 5 | | not
affect title to real property, nor shall the court be | 6 | | limited by the standard
set forth in Section 701 of the | 7 | | Illinois Marriage and Dissolution of Marriage
Act.
| 8 | | (A) Right to occupancy. A party has a right to | 9 | | occupancy of a
residence or household if it is solely | 10 | | or jointly owned or leased by that
party, that party's | 11 | | spouse, a person with a legal duty to support that | 12 | | party or
a minor child in that party's care, or by any | 13 | | person or entity other than the
opposing party that | 14 | | authorizes that party's occupancy (e.g., a domestic
| 15 | | violence shelter). Standards set forth in subparagraph | 16 | | (B) shall not preclude
equitable relief.
| 17 | | (B) Presumption of hardships. If petitioner and | 18 | | respondent
each has the right to occupancy of a | 19 | | residence or household, the court
shall balance (i) the | 20 | | hardships to respondent and any minor child or
| 21 | | dependent adult in respondent's care resulting from | 22 | | entry of this remedy with
(ii) the hardships to | 23 | | petitioner and any minor child or dependent adult in
| 24 | | petitioner's care resulting from continued exposure to | 25 | | the risk of abuse
(should petitioner remain at the | 26 | | residence or household) or from loss of
possession of |
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| 1 | | the residence or household (should petitioner leave to | 2 | | avoid the
risk of abuse). When determining the balance | 3 | | of hardships, the court shall
also take into account | 4 | | the accessibility of the residence or household.
| 5 | | Hardships need not be balanced if respondent does not | 6 | | have a right to
occupancy.
| 7 | | The balance of hardships is presumed to favor | 8 | | possession by
petitioner unless the presumption is | 9 | | rebutted by a preponderance of the
evidence, showing | 10 | | that the hardships to respondent substantially | 11 | | outweigh
the hardships to petitioner and any minor | 12 | | child or dependent adult in
petitioner's care. The | 13 | | court, on the request of petitioner or on its own
| 14 | | motion, may order respondent to provide suitable, | 15 | | accessible, alternate housing
for petitioner instead | 16 | | of excluding respondent from a mutual residence or
| 17 | | household.
| 18 | | (3) Stay away order and additional prohibitions.
Order | 19 | | respondent to stay away from petitioner or any other person
| 20 | | protected by the order of protection, or prohibit | 21 | | respondent from entering
or remaining present at | 22 | | petitioner's school, place of employment, or other
| 23 | | specified places at times when petitioner is present, or | 24 | | both, if
reasonable, given the balance of hardships. | 25 | | Hardships need not be balanced for
the court to enter a | 26 | | stay away order or prohibit entry if respondent has no
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| 1 | | right to enter the premises. Additionally, the court, on | 2 | | the request of respondent or on its own motion, may order | 3 | | petitioner to stay away from respondent, or prohibit | 4 | | petitioner from entering or remaining present at | 5 | | respondent's school, place of employment, or other | 6 | | specified places at times when respondent is legitimately | 7 | | present, or both, if reasonable. A court order that | 8 | | prohibits a petitioner from harassing the respondent shall | 9 | | not be construed as a mutual order of protection.
| 10 | | If an order of protection grants petitioner exclusive | 11 | | possession
of the residence, or prohibits respondent from | 12 | | entering the residence,
or orders respondent to stay away | 13 | | from petitioner or other
protected persons, then the court | 14 | | may allow respondent access to the
residence to remove | 15 | | items of clothing and personal adornment
used exclusively | 16 | | by respondent, medications, and other items as the court
| 17 | | directs. The right to access shall be exercised on only one | 18 | | occasion as the
court directs and in the presence of an | 19 | | agreed-upon adult third party or law
enforcement officer.
| 20 | | (4) Counseling. Require or recommend the respondent to | 21 | | undergo
counseling for a specified duration with a social | 22 | | worker, psychologist,
clinical psychologist, psychiatrist, | 23 | | family service agency, alcohol or
substance abuse program, | 24 | | mental health center guidance counselor, agency
providing | 25 | | services to elders, program designed for domestic violence
| 26 | | abusers or any other guidance service the court deems |
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| 1 | | appropriate. The Court may order the respondent in any | 2 | | intimate partner relationship to report to an Illinois | 3 | | Department of Human Services protocol approved partner | 4 | | abuse intervention program for an assessment and to follow | 5 | | all recommended treatment.
| 6 | | (5) Physical care and possession of the minor child. In | 7 | | order to protect
the minor child from abuse, neglect, or | 8 | | unwarranted separation from the person
who has been the | 9 | | minor child's primary caretaker, or to otherwise protect | 10 | | the
well-being of the minor child, the court may do either | 11 | | or both of the
following: (i) grant petitioner physical | 12 | | care or possession of the minor child,
or both, or (ii) | 13 | | order respondent to return a minor child to, or not remove | 14 | | a
minor child from, the physical care of a parent or person | 15 | | in loco parentis.
| 16 | | If a court finds, after a hearing, that respondent has | 17 | | committed abuse
(as defined in Section 103) of a minor | 18 | | child, there shall be a
rebuttable presumption that | 19 | | awarding physical care to respondent would not
be in the | 20 | | minor child's best interest.
| 21 | | (6) Temporary legal custody. Award temporary legal | 22 | | custody to petitioner
in accordance with this Section, the | 23 | | Illinois Marriage and Dissolution of
Marriage Act, the | 24 | | Illinois Parentage Act of 1984, and this State's Uniform
| 25 | | Child-Custody Jurisdiction and Enforcement Act.
| 26 | | If a court finds, after a hearing, that respondent has |
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| 1 | | committed abuse (as
defined in Section 103) of a minor | 2 | | child, there shall be a rebuttable
presumption that | 3 | | awarding temporary legal custody to respondent would not be | 4 | | in
the child's best interest.
| 5 | | (7) Visitation. Determine the visitation rights, if | 6 | | any, of respondent in
any case in which the court awards | 7 | | physical care or temporary legal custody of
a minor child | 8 | | to petitioner. The court shall restrict or deny | 9 | | respondent's
visitation with a minor child if the court | 10 | | finds that respondent has done or is
likely to do any of | 11 | | the following: (i) abuse or endanger the minor child during
| 12 | | visitation; (ii) use the visitation as an opportunity to | 13 | | abuse or harass
petitioner or petitioner's family or | 14 | | household members; (iii) improperly
conceal or detain the | 15 | | minor child; or (iv) otherwise act in a manner that is
not | 16 | | in the best interests of the minor child. The court shall | 17 | | not be limited
by the standards set forth in Section 607.1 | 18 | | of the Illinois Marriage and
Dissolution of Marriage Act. | 19 | | If the court grants visitation, the order shall
specify | 20 | | dates and times for the visitation to take place or other | 21 | | specific
parameters or conditions that are appropriate. No | 22 | | order for visitation shall
refer merely to the term | 23 | | "reasonable visitation".
| 24 | | Petitioner may deny respondent access to the minor | 25 | | child if, when
respondent arrives for visitation, | 26 | | respondent is under the influence of drugs
or alcohol and |
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| 1 | | constitutes a threat to the safety and well-being of
| 2 | | petitioner or petitioner's minor children or is behaving in | 3 | | a violent or
abusive manner.
| 4 | | If necessary to protect any member of petitioner's | 5 | | family or
household from future abuse, respondent shall be | 6 | | prohibited from coming to
petitioner's residence to meet | 7 | | the minor child for visitation, and the
parties shall | 8 | | submit to the court their recommendations for reasonable
| 9 | | alternative arrangements for visitation. A person may be | 10 | | approved to
supervise visitation only after filing an | 11 | | affidavit accepting
that responsibility and acknowledging | 12 | | accountability to the court.
| 13 | | (8) Removal or concealment of minor child. Prohibit | 14 | | respondent from
removing a minor child from the State or | 15 | | concealing the child within the State.
| 16 | | (9) Order to appear. Order the respondent to appear in | 17 | | court, alone
or with a minor child, to prevent abuse, | 18 | | neglect, removal or concealment of
the child, to return the | 19 | | child to the custody or care of the petitioner or
to permit | 20 | | any court-ordered interview or examination of the child or | 21 | | the
respondent.
| 22 | | (10) Possession of personal property. Grant petitioner | 23 | | exclusive
possession of personal property and, if | 24 | | respondent has possession or
control, direct respondent to | 25 | | promptly make it available to petitioner, if:
| 26 | | (i) petitioner, but not respondent, owns the |
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| 1 | | property; or
| 2 | | (ii) the parties own the property jointly; sharing | 3 | | it would risk
abuse of petitioner by respondent or is | 4 | | impracticable; and the balance of
hardships favors | 5 | | temporary possession by petitioner.
| 6 | | If petitioner's sole claim to ownership of the property | 7 | | is that it is
marital property, the court may award | 8 | | petitioner temporary possession
thereof under the | 9 | | standards of subparagraph (ii) of this paragraph only if
a | 10 | | proper proceeding has been filed under the Illinois | 11 | | Marriage and
Dissolution of Marriage Act, as now or | 12 | | hereafter amended.
| 13 | | No order under this provision shall affect title to | 14 | | property.
| 15 | | (11) Protection of property. Forbid the respondent | 16 | | from taking,
transferring, encumbering, concealing, | 17 | | damaging or otherwise disposing of
any real or personal | 18 | | property, except as explicitly authorized by the
court, if:
| 19 | | (i) petitioner, but not respondent, owns the | 20 | | property; or
| 21 | | (ii) the parties own the property jointly,
and the | 22 | | balance of hardships favors granting this remedy.
| 23 | | If petitioner's sole claim to ownership of the property | 24 | | is that it is
marital property, the court may grant | 25 | | petitioner relief under subparagraph
(ii) of this | 26 | | paragraph only if a proper proceeding has been filed under |
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| 1 | | the
Illinois Marriage and Dissolution of Marriage Act, as | 2 | | now or hereafter amended.
| 3 | | The court may further prohibit respondent from | 4 | | improperly using the
financial or other resources of an | 5 | | aged member of the family or household
for the profit or | 6 | | advantage of respondent or of any other person.
| 7 | | (11.5) Protection of animals. Grant the petitioner the | 8 | | exclusive care, custody, or control of any animal owned, | 9 | | possessed, leased, kept, or held by either the petitioner | 10 | | or the respondent or a minor child residing in the | 11 | | residence or household of either the petitioner or the | 12 | | respondent and order the respondent to stay away from the | 13 | | animal and forbid the respondent from taking, | 14 | | transferring, encumbering, concealing, harming, or | 15 | | otherwise disposing of the animal.
| 16 | | (12) Order for payment of support. Order respondent to | 17 | | pay temporary
support for the petitioner or any child in | 18 | | the petitioner's care or
custody, when the respondent has a | 19 | | legal obligation to support that person,
in accordance with | 20 | | the Illinois Marriage and Dissolution
of Marriage Act, | 21 | | which shall govern, among other matters, the amount of
| 22 | | support, payment through the clerk and withholding of | 23 | | income to secure
payment. An order for child support may be | 24 | | granted to a petitioner with
lawful physical care or | 25 | | custody of a child, or an order or agreement for
physical | 26 | | care or custody, prior to entry of an order for legal |
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| 1 | | custody.
Such a support order shall expire upon entry of a | 2 | | valid order granting
legal custody to another, unless | 3 | | otherwise provided in the custody order.
| 4 | | (13) Order for payment of losses. Order respondent to | 5 | | pay petitioner for
losses suffered as a direct result of | 6 | | the abuse, neglect, or exploitation.
Such losses shall | 7 | | include, but not be limited to, medical expenses, lost
| 8 | | earnings or other support, repair or replacement of | 9 | | property damaged or taken,
reasonable attorney's fees, | 10 | | court costs and moving or other travel expenses,
including | 11 | | additional reasonable expenses for temporary shelter and | 12 | | restaurant
meals.
| 13 | | (i) Losses affecting family needs. If a party is | 14 | | entitled to seek
maintenance, child support or | 15 | | property distribution from the other party
under the | 16 | | Illinois Marriage and Dissolution of Marriage Act, as | 17 | | now or
hereafter amended, the court may order | 18 | | respondent to reimburse petitioner's
actual losses, to | 19 | | the extent that such reimbursement would be | 20 | | "appropriate
temporary relief", as authorized by | 21 | | subsection (a)(3) of Section 501 of
that Act.
| 22 | | (ii) Recovery of expenses. In the case of an | 23 | | improper concealment
or removal of a minor child, the | 24 | | court may order respondent to pay the
reasonable | 25 | | expenses incurred or to be incurred in the search for | 26 | | and recovery
of the minor child, including but not |
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| 1 | | limited to legal fees, court costs,
private | 2 | | investigator fees, and travel costs.
| 3 | | (14) Prohibition of entry. Prohibit the respondent | 4 | | from entering or
remaining in the residence or household | 5 | | while the respondent is under the
influence of alcohol or | 6 | | drugs and constitutes a threat to the safety and
well-being | 7 | | of the petitioner or the petitioner's children.
| 8 | | (14.5) Prohibition of firearm possession.
| 9 | | (a) When a complaint is made
under a request for an | 10 | | order of protection, that the respondent has | 11 | | threatened
or is likely to use firearms illegally | 12 | | against the petitioner, the court shall examine on oath | 13 | | the petitioner, and any witnesses who
may be produced. | 14 | | If the court is satisfied that there is any danger of | 15 | | the
illegal use of firearms, and the respondent is | 16 | | present in court, it shall issue an order that any | 17 | | firearms and any Firearm Owner's Identification Card | 18 | | in the
possession of the respondent, except as provided | 19 | | in subsection (b), be turned
over to the local law | 20 | | enforcement agency
for safekeeping. If the court is | 21 | | satisfied that there is any danger of the illegal use | 22 | | of firearms, and if the respondent is not present in | 23 | | court, the court shall
issue a warrant for seizure of | 24 | | any firearm and Firearm Owner's Identification Card in | 25 | | the possession of the respondent, to be kept by the | 26 | | local law enforcement agency for safekeeping, except |
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| 1 | | as provided in subsection (b).
The period of | 2 | | safekeeping shall be for a stated period of time not to | 3 | | exceed 2
years. The firearm or firearms and Firearm | 4 | | Owner's Identification Card shall be returned to the | 5 | | respondent at the end
of the stated period or at | 6 | | expiration of the order of protection, whichever is
| 7 | | sooner.
| 8 | | (b) If the respondent is a peace officer as defined | 9 | | in Section 2-13 of
the
Criminal Code of 1961, the court | 10 | | shall order that any firearms used by the
respondent in | 11 | | the performance of his or her duties as a
peace officer | 12 | | be surrendered to
the chief law enforcement executive | 13 | | of the agency in which the respondent is
employed, who | 14 | | shall retain the firearms for safekeeping for the | 15 | | stated period
not to exceed 2 years as set forth in the | 16 | | court order.
| 17 | | (c) Upon expiration of the period of safekeeping, | 18 | | if 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 over | 2 | | to a third party who is lawfully eligible to possess | 3 | | firearms, and who does not reside with respondent.
| 4 | | (15) Prohibition of access to records. If an order of | 5 | | protection
prohibits respondent from having contact with | 6 | | the minor child,
or if petitioner's address is omitted | 7 | | under subsection (b) of
Section 203, or if necessary to | 8 | | prevent abuse or wrongful removal or
concealment of a minor | 9 | | child, the order shall deny respondent access to, and
| 10 | | prohibit respondent from inspecting, obtaining, or | 11 | | attempting to
inspect or obtain, school or any other | 12 | | records of the minor child
who is in the care of | 13 | | petitioner.
| 14 | | (16) Order for payment of shelter services. Order | 15 | | respondent to
reimburse a shelter providing temporary | 16 | | housing and counseling services to
the petitioner for the | 17 | | cost of the services, as certified by the shelter
and | 18 | | deemed reasonable by the court.
| 19 | | (17) Order for injunctive relief. Enter injunctive | 20 | | relief necessary
or appropriate to prevent further abuse of | 21 | | a family or household member
or further abuse, neglect, or | 22 | | exploitation of a high-risk adult with
disabilities or to | 23 | | effectuate one of the granted remedies, if supported by the
| 24 | | balance of hardships. If the harm to be prevented by the | 25 | | injunction is abuse
or any other harm that one of the | 26 | | remedies listed in paragraphs (1) through
(16) of this |
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| 1 | | subsection is designed to prevent, no further evidence is
| 2 | | necessary that the harm is an irreparable injury.
| 3 | | (c) Relevant factors; findings.
| 4 | | (1) In determining whether to grant a specific remedy, | 5 | | other than
payment of support, the court shall consider
| 6 | | relevant factors, including but not limited to the | 7 | | following:
| 8 | | (i) the nature, frequency, severity, pattern and | 9 | | consequences of the
respondent's past abuse, neglect | 10 | | or exploitation of the petitioner or
any family or | 11 | | household member, including the concealment of his or | 12 | | her
location in order to evade service of process or | 13 | | notice, and the likelihood of
danger of future abuse, | 14 | | neglect, or exploitation to petitioner or any member of
| 15 | | petitioner's or respondent's family or household; and
| 16 | | (ii) the danger that any minor child will be abused | 17 | | or neglected or
improperly removed from the | 18 | | jurisdiction, improperly concealed within the
State or | 19 | | improperly separated from the child's primary | 20 | | caretaker.
| 21 | | (2) In comparing relative hardships resulting to the | 22 | | parties from loss
of possession of the family home, the | 23 | | court shall consider relevant
factors, including but not | 24 | | limited to the following:
| 25 | | (i) availability, accessibility, cost, safety, | 26 | | adequacy, location and
other characteristics of |
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| 1 | | alternate housing for each party and any minor child
or | 2 | | dependent adult in the party's care;
| 3 | | (ii) the effect on the party's employment; and
| 4 | | (iii) the effect on the relationship of the party, | 5 | | and any minor
child or dependent adult in the party's | 6 | | care, to family, school, church
and community.
| 7 | | (3) Subject to the exceptions set forth in paragraph | 8 | | (4) of this
subsection, the court shall make its findings | 9 | | in an official record or in
writing, and shall at a minimum | 10 | | set forth the following:
| 11 | | (i) That the court has considered the applicable | 12 | | relevant factors
described in paragraphs (1) and (2) of | 13 | | this subsection.
| 14 | | (ii) Whether the conduct or actions of respondent, | 15 | | unless
prohibited, will likely cause irreparable harm | 16 | | or continued abuse.
| 17 | | (iii) Whether it is necessary to grant the | 18 | | requested relief in order
to protect petitioner or | 19 | | other alleged abused persons.
| 20 | | (4) For purposes of issuing an ex parte emergency order | 21 | | of protection,
the court, as an alternative to or as a | 22 | | supplement to making the findings
described in paragraphs | 23 | | (c)(3)(i) through (c)(3)(iii) of this subsection, may
use | 24 | | the following procedure:
| 25 | | When a verified petition for an emergency order of | 26 | | protection in
accordance with the requirements of Sections |
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| 1 | | 203 and 217 is
presented to the court, the court shall | 2 | | examine petitioner on oath or
affirmation. An emergency | 3 | | order of protection shall be issued by the court
if it | 4 | | appears from the contents of the petition and the | 5 | | examination of
petitioner that the averments are | 6 | | sufficient to indicate abuse by
respondent and to support | 7 | | the granting of relief under the issuance of the
emergency | 8 | | order of protection.
| 9 | | (5) Never married parties. No rights or | 10 | | responsibilities for a minor
child born outside of marriage | 11 | | attach to a putative father until a father and
child | 12 | | relationship has been established under the Illinois | 13 | | Parentage Act of
1984, the Illinois Public Aid Code, | 14 | | Section 12 of the Vital Records Act, the
Juvenile Court Act | 15 | | of 1987, the Probate Act of 1985, the Revised Uniform
| 16 | | Reciprocal Enforcement of Support Act, the Uniform | 17 | | Interstate Family Support
Act, the Expedited Child Support | 18 | | Act of 1990, any judicial, administrative, or
other act of | 19 | | another state or territory, any other Illinois statute, or | 20 | | by any
foreign nation establishing the father and child | 21 | | relationship, any other
proceeding substantially in | 22 | | conformity with the Personal Responsibility and
Work | 23 | | Opportunity Reconciliation Act of 1996 (Pub. L. 104-193), | 24 | | or where both
parties appeared in open court or at an | 25 | | administrative hearing acknowledging
under
oath or | 26 | | admitting by affirmation the existence of a father and |
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| 1 | | child
relationship.
Absent such an adjudication, finding, | 2 | | or acknowledgement, no putative
father shall be granted
| 3 | | temporary custody of the minor child, visitation with the | 4 | | minor child, or
physical care and possession of the minor | 5 | | child, nor shall an order of payment
for support of the | 6 | | minor child be entered.
| 7 | | (d) Balance of hardships; findings. If the court finds that | 8 | | the balance
of hardships does not support the granting of a | 9 | | remedy governed by
paragraph (2), (3), (10), (11), or (16) of | 10 | | subsection (b) of this Section,
which may require such | 11 | | balancing, the court's findings shall so
indicate and shall | 12 | | include a finding as to whether granting the remedy will
result | 13 | | in hardship to respondent that would substantially outweigh the | 14 | | hardship
to petitioner from denial of the remedy. The findings | 15 | | shall be an official
record or in writing.
| 16 | | (e) Denial of remedies. Denial of any remedy shall not be | 17 | | based, in
whole or in part, on evidence that:
| 18 | | (1) Respondent has cause for any use of force, unless | 19 | | that cause
satisfies the standards for justifiable use of | 20 | | force provided by Article
VII of the Criminal Code of 1961;
| 21 | | (2) Respondent was voluntarily intoxicated;
| 22 | | (3) Petitioner acted in self-defense or defense of | 23 | | another, provided
that, if petitioner utilized force, such | 24 | | force was justifiable under
Article VII of the Criminal | 25 | | Code of 1961;
| 26 | | (4) Petitioner did not act in self-defense or defense |
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| 1 | | of another;
| 2 | | (5) Petitioner left the residence or household to avoid | 3 | | further abuse,
neglect, or exploitation by respondent;
| 4 | | (6) Petitioner did not leave the residence or household | 5 | | to avoid further
abuse, neglect, or exploitation by | 6 | | respondent;
| 7 | | (7) Conduct by any family or household member excused | 8 | | the abuse,
neglect, or exploitation by respondent, unless | 9 | | that same conduct would have
excused such abuse, neglect, | 10 | | or exploitation if the parties had not been
family or | 11 | | household members.
| 12 | | (Source: P.A. 95-234, eff. 1-1-08; 95-773, eff. 1-1-09; 96-701, | 13 | | eff. 1-1-10; 96-1239, eff. 1-1-11.)
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