Full Text of HB5770 98th General Assembly
HB5770 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB5770 Introduced , by Rep. David Harris SYNOPSIS AS INTRODUCED: |
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725 ILCS 5/112A-14 | from Ch. 38, par. 112A-14 |
750 ILCS 60/214 | from Ch. 40, par. 2312-14 |
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Amends the Code of Criminal Procedure of 1963 and the Illinois Domestic Violence Act of 1986. Provides that in issuing an order of protection, the court may restrain a party from cashing, borrowing against, canceling, transferring, disposing of, or changing the beneficiaries of any insurance or other coverage held for the benefit of the parties or a child or children of the parties for whom support may be ordered, or both.
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| | A BILL FOR |
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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 Code of Criminal Procedure of 1963 is | 5 | | amended by changing Section 112A-14 as follows:
| 6 | | (725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14)
| 7 | | Sec. 112A-14. 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, as defined in | 10 | | this Article, an
order of protection prohibiting such abuse | 11 | | shall issue; provided that
petitioner must also satisfy the | 12 | | requirements of one of the following
Sections, as appropriate: | 13 | | Section 112A-17 on emergency orders, Section
112A-18 on interim | 14 | | orders, or Section 112A-19 on
plenary orders.
Petitioner shall | 15 | | not be denied an order of protection because petitioner or
| 16 | | respondent is a minor. The court, when determining whether or | 17 | | not to issue
an order of protection, shall not require physical | 18 | | manifestations of abuse
on the person of the victim. | 19 | | Modification and extension of prior orders of
protection shall | 20 | | be in accordance with this Article.
| 21 | | (b) Remedies and standards. The remedies to be included in | 22 | | an order of
protection shall be determined in accordance with | 23 | | this Section and one of
the following Sections, as appropriate: |
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| 1 | | Section 112A-17 on
emergency orders,
Section 112A-18 on interim | 2 | | orders, and Section 112A-19 on
plenary orders.
The remedies | 3 | | listed in this subsection shall be in addition to other civil
| 4 | | or criminal remedies available to petitioner.
| 5 | | (1) Prohibition of abuse. Prohibit respondent's | 6 | | harassment,
interference with personal liberty, | 7 | | intimidation of a dependent, physical
abuse or willful | 8 | | deprivation, as defined in this Article, if such abuse has
| 9 | | occurred or otherwise appears likely to occur if not | 10 | | prohibited.
| 11 | | (2) Grant of exclusive possession of residence. | 12 | | Prohibit respondent
from entering or remaining in any | 13 | | residence, household, or premises of the petitioner,
| 14 | | including one owned or leased by respondent, if petitioner | 15 | | has a right
to occupancy thereof. The grant of exclusive | 16 | | possession of the residence, household, or premises
shall | 17 | | not affect title to real property, nor shall the court be | 18 | | limited by
the standard set forth in Section 701 of the | 19 | | Illinois Marriage and
Dissolution of Marriage Act.
| 20 | | (A) Right to occupancy. A party has a right to | 21 | | occupancy of a
residence or household if it is
solely | 22 | | or jointly owned or leased by that party, that party's | 23 | | spouse, a
person with a legal duty to support that | 24 | | party or a minor child in that
party's care, or by any | 25 | | person or entity other than the opposing party that
| 26 | | authorizes that party's occupancy (e.g., a domestic |
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| 1 | | violence shelter).
Standards set forth in subparagraph | 2 | | (B) shall not preclude equitable relief.
| 3 | | (B) Presumption of hardships. If petitioner and | 4 | | respondent
each has the right to occupancy of a | 5 | | residence or household, the court
shall balance (i) the | 6 | | hardships to respondent and any minor child or
| 7 | | dependent adult in respondent's care resulting from | 8 | | entry of this remedy with (ii)
the hardships to | 9 | | petitioner and any minor child or dependent adult in
| 10 | | petitioner's care resulting from continued exposure to | 11 | | the risk of abuse (should
petitioner remain at the | 12 | | residence or household) or from loss of possession
of | 13 | | the residence or household (should petitioner leave to | 14 | | avoid the risk
of abuse). When determining the balance | 15 | | of hardships, the court shall also
take into account | 16 | | the accessibility of the residence or household.
| 17 | | Hardships need not be balanced if respondent does not | 18 | | have a right to occupancy.
| 19 | | The balance of hardships is presumed to favor | 20 | | possession by
petitioner unless the presumption is | 21 | | rebutted by a preponderance of the
evidence, showing | 22 | | that the hardships to respondent substantially | 23 | | outweigh
the hardships to petitioner and any minor | 24 | | child or dependent adult in petitioner's
care. The | 25 | | court, on the request of petitioner or on its own | 26 | | motion,
may order respondent to provide suitable, |
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| 1 | | accessible, alternate housing
for petitioner instead | 2 | | of
excluding respondent from a mutual residence or | 3 | | household.
| 4 | | (3) Stay away order and additional prohibitions.
Order | 5 | | respondent to stay away from petitioner or any other person
| 6 | | protected by the order of protection, or prohibit | 7 | | respondent from entering
or remaining present at | 8 | | petitioner's school, place of employment, or other
| 9 | | specified places at times when petitioner is present, or | 10 | | both, if
reasonable, given
the balance of hardships. | 11 | | Hardships need not be balanced for the court
to enter a | 12 | | stay away order or prohibit entry
if respondent has no | 13 | | right to enter the premises.
| 14 | | If an order of protection grants petitioner exclusive | 15 | | possession
of the residence, or prohibits respondent from | 16 | | entering the residence,
or orders respondent to stay away | 17 | | from petitioner or other
protected persons, then the court | 18 | | may allow respondent access to the
residence to remove | 19 | | items of clothing and personal adornment
used exclusively | 20 | | by respondent, medications, and other items as the court | 21 | | directs.
The right to access shall be exercised on only one | 22 | | occasion as the court directs
and in the presence of an | 23 | | agreed-upon adult third party or law enforcement officer.
| 24 | | (4) Counseling. Require or recommend the respondent to | 25 | | undergo
counseling for a specified duration with a social | 26 | | worker, psychologist,
clinical psychologist, psychiatrist, |
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| 1 | | family service agency, alcohol or
substance abuse program, | 2 | | mental health center guidance counselor, agency
providing | 3 | | services to elders, program designed for domestic violence
| 4 | | abusers or any other guidance service the court deems | 5 | | appropriate. The court may order the respondent in any | 6 | | intimate partner relationship to report to an Illinois | 7 | | Department of Human Services protocol approved partner | 8 | | abuse intervention program for an assessment and to follow | 9 | | all recommended treatment.
| 10 | | (5) Physical care and possession of the minor child. In | 11 | | order to protect
the minor child from abuse, neglect, or | 12 | | unwarranted separation from the person
who has been the | 13 | | minor child's primary caretaker, or to otherwise protect | 14 | | the
well-being of the minor child, the court may do either | 15 | | or both of the following:
(i) grant petitioner physical | 16 | | care or possession of the minor child, or both, or
(ii) | 17 | | order respondent to return a minor child to, or not remove | 18 | | a minor child
from, the physical care of a parent or person | 19 | | in loco parentis.
| 20 | | If a court finds, after a hearing, that respondent has | 21 | | committed abuse
(as defined in Section 112A-3) of a minor | 22 | | child, there shall be a
rebuttable presumption that | 23 | | awarding physical care to respondent would not
be in the | 24 | | minor child's best interest.
| 25 | | (6) Temporary legal custody.
Award temporary legal | 26 | | custody to petitioner in accordance with this Section,
the |
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| 1 | | Illinois Marriage
and Dissolution of Marriage Act, the | 2 | | Illinois Parentage Act of 1984,
and this State's Uniform | 3 | | Child-Custody
Jurisdiction and Enforcement Act.
| 4 | | If a court finds, after a hearing, that respondent
has | 5 | | committed abuse (as defined in Section 112A-3) of a
minor | 6 | | child, there shall be a rebuttable presumption that | 7 | | awarding
temporary legal custody to respondent would not be | 8 | | in the
child's best interest.
| 9 | | (7) Visitation. Determine the
visitation rights, if | 10 | | any, of respondent in any case in which the court
awards | 11 | | physical care or temporary legal custody of a minor child | 12 | | to
petitioner. The court shall restrict or deny | 13 | | respondent's visitation with
a minor child if
the court | 14 | | finds that respondent has done or is likely to do any of | 15 | | the
following: (i) abuse or endanger the minor child during | 16 | | visitation; (ii) use the
visitation as an opportunity to | 17 | | abuse or harass petitioner or
petitioner's family or | 18 | | household members; (iii) improperly conceal or
detain the | 19 | | minor child; or (iv) otherwise act in a manner that is not | 20 | | in
the best interests of the minor child. The court shall | 21 | | not be limited by the
standards set forth in Section 607.1 | 22 | | of the Illinois Marriage and
Dissolution of Marriage Act. | 23 | | If the court grants visitation, the order
shall specify | 24 | | dates and times for the visitation to take place or other
| 25 | | specific parameters or conditions that are appropriate. No | 26 | | order for
visitation shall refer merely to the term |
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| 1 | | "reasonable visitation".
| 2 | | Petitioner may deny respondent access to the minor | 3 | | child if, when
respondent arrives for visitation, | 4 | | respondent is under the influence of drugs
or alcohol and | 5 | | constitutes a threat to the safety and well-being of
| 6 | | petitioner or petitioner's minor children or is behaving in | 7 | | a violent or abusive manner.
| 8 | | If necessary to protect any member of petitioner's | 9 | | family or
household from future abuse, respondent shall be | 10 | | prohibited from coming to
petitioner's residence to meet | 11 | | the minor child for visitation, and the
parties shall | 12 | | submit to the court their recommendations for reasonable
| 13 | | alternative arrangements for visitation. A person may be | 14 | | approved to
supervise visitation only after filing an | 15 | | affidavit accepting
that responsibility and acknowledging | 16 | | accountability to the court.
| 17 | | (8) Removal or concealment of minor child.
Prohibit | 18 | | respondent from
removing a minor child from the State or | 19 | | concealing the child within the
State.
| 20 | | (9) Order to appear. Order the respondent to
appear in | 21 | | court, alone
or with a minor child, to prevent abuse, | 22 | | neglect, removal or concealment of
the child, to return the | 23 | | child to the custody or care of the petitioner or
to permit | 24 | | any court-ordered interview or examination of the child or | 25 | | the
respondent.
| 26 | | (10) Possession of personal property. Grant petitioner |
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| 1 | | exclusive
possession of personal property and, if | 2 | | respondent has possession or
control, direct respondent to | 3 | | promptly make it available to petitioner, if:
| 4 | | (i) petitioner, but not respondent, owns the | 5 | | property; or
| 6 | | (ii) the parties own the property jointly; sharing | 7 | | it would risk
abuse of petitioner by respondent or is | 8 | | impracticable; and the balance of
hardships favors | 9 | | temporary possession by petitioner.
| 10 | | If petitioner's sole claim to ownership of the property | 11 | | is that it is
marital property, the court may award | 12 | | petitioner temporary possession
thereof under the | 13 | | standards of subparagraph (ii) of this paragraph only if
a | 14 | | proper proceeding has been filed under the Illinois | 15 | | Marriage and
Dissolution of Marriage Act, as now or | 16 | | hereafter amended.
| 17 | | No order under this provision shall affect title to | 18 | | property.
| 19 | | (11) Protection of property. Forbid the respondent | 20 | | from taking,
transferring, encumbering, concealing, | 21 | | damaging or otherwise disposing of
any real or personal | 22 | | property, except as explicitly authorized by the
court, if:
| 23 | | (i) petitioner, but not respondent, owns the | 24 | | property; or
| 25 | | (ii) the parties own the property jointly,
and the | 26 | | balance of hardships favors granting this remedy.
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| 1 | | If petitioner's sole claim to ownership of the property | 2 | | is that it is
marital property, the court may grant | 3 | | petitioner relief under subparagraph
(ii) of this | 4 | | paragraph only if a proper proceeding has been filed under | 5 | | the
Illinois Marriage and Dissolution of Marriage Act, as | 6 | | now or hereafter amended.
| 7 | | The court may restrain a party from cashing, borrowing | 8 | | against, canceling, transferring, disposing of, or | 9 | | changing the beneficiaries of any insurance or other | 10 | | coverage held for the benefit of the parties or a child or | 11 | | children of the parties for whom support may be ordered, or | 12 | | both.
| 13 | | The court may further prohibit respondent from | 14 | | improperly using the
financial or other resources of an | 15 | | aged member of the family or household
for the profit or | 16 | | advantage of respondent or of any other person.
| 17 | | (11.5) Protection of animals. Grant the petitioner the | 18 | | exclusive care, custody, or control of any animal owned, | 19 | | possessed, leased, kept, or held by either the petitioner | 20 | | or the respondent or a minor child residing in the | 21 | | residence or household of either the petitioner or the | 22 | | respondent and order the respondent to stay away from the | 23 | | animal and forbid the respondent from taking, | 24 | | transferring, encumbering, concealing, harming, or | 25 | | otherwise disposing of the animal.
| 26 | | (12) Order for payment of support. Order
respondent to |
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| 1 | | pay temporary
support for the petitioner or any child in | 2 | | the petitioner's care or
custody, when the respondent has a | 3 | | legal obligation to support that person,
in accordance with | 4 | | the Illinois Marriage and Dissolution
of Marriage Act, | 5 | | which shall govern, among other matters, the amount of
| 6 | | support, payment through the clerk and withholding of | 7 | | income to secure
payment. An order for child support may be | 8 | | granted to a petitioner with
lawful physical care or | 9 | | custody of a child, or an order or agreement for
physical | 10 | | care or custody, prior to entry of an order for legal | 11 | | custody.
Such a support order shall expire upon entry of a | 12 | | valid order granting
legal custody to another, unless | 13 | | otherwise provided in the custody order.
| 14 | | (13) Order for payment of losses. Order
respondent to | 15 | | pay petitioner
for losses suffered as a direct result of | 16 | | the abuse. Such losses shall
include, but not be limited | 17 | | to, medical expenses, lost earnings or other
support, | 18 | | repair or replacement of property damaged or taken, | 19 | | reasonable
attorney's fees, court costs and moving or other | 20 | | travel expenses, including
additional reasonable expenses | 21 | | for temporary shelter and restaurant meals.
| 22 | | (i) Losses affecting family needs. If a party is | 23 | | entitled to seek
maintenance, child support or | 24 | | property distribution from the other party
under the | 25 | | Illinois Marriage and Dissolution of Marriage Act, as | 26 | | now or
hereafter amended, the court may order |
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| 1 | | respondent to reimburse petitioner's
actual losses, to | 2 | | the extent that such reimbursement would be | 3 | | "appropriate
temporary relief", as authorized by | 4 | | subsection (a)(3) of
Section 501 of that Act.
| 5 | | (ii) Recovery of expenses. In the case of an | 6 | | improper concealment
or removal of a minor child, the | 7 | | court may order respondent to pay the reasonable
| 8 | | expenses incurred or to be incurred in the search for | 9 | | and recovery of the
minor child, including but not | 10 | | limited to legal fees, court costs, private
| 11 | | investigator fees, and travel costs.
| 12 | | (14) Prohibition of entry. Prohibit the respondent | 13 | | from entering or
remaining in the residence or household | 14 | | while the respondent is under the
influence of alcohol or | 15 | | drugs and constitutes a threat to the safety and
well-being | 16 | | of the petitioner or the petitioner's children.
| 17 | | (14.5) Prohibition of firearm possession. | 18 | | (A) A person who is subject to an existing order of | 19 | | protection, interim order of protection, emergency | 20 | | order of protection, or plenary order of protection, | 21 | | issued under this Code may not lawfully possess weapons | 22 | | under Section 8.2 of the Firearm Owners Identification | 23 | | Card Act. | 24 | | (B) Any firearms in the
possession of the | 25 | | respondent, except as provided in subparagraph (C) of | 26 | | this paragraph (14.5), shall be ordered by the court to |
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| 1 | | be turned
over to a person with a valid Firearm Owner's | 2 | | Identification Card for safekeeping. The court shall | 3 | | issue an order that the respondent's Firearm Owner's | 4 | | Identification Card be turned over to the local law | 5 | | enforcement agency, which in turn shall immediately | 6 | | mail the card to the Department of State Police Firearm | 7 | | Owner's Identification Card Office for safekeeping.
| 8 | | The period of safekeeping shall be for the duration of | 9 | | the order of protection. The firearm or firearms and | 10 | | Firearm Owner's Identification Card, if unexpired, | 11 | | shall at the respondent's request be returned to the | 12 | | respondent at expiration of the order of protection.
| 13 | | (C) If the respondent is a peace officer as defined | 14 | | in Section 2-13 of
the
Criminal Code of 2012, the court | 15 | | shall order that any firearms used by the
respondent in | 16 | | the performance of his or her duties as a
peace officer | 17 | | be surrendered to
the chief law enforcement executive | 18 | | of the agency in which the respondent is
employed, who | 19 | | shall retain the firearms for safekeeping for the | 20 | | duration of the order of protection.
| 21 | | (D) Upon expiration of the period of safekeeping, | 22 | | if the firearms or Firearm Owner's Identification Card | 23 | | cannot be returned to respondent because respondent | 24 | | cannot be located, fails to respond to requests to | 25 | | retrieve the firearms, or is not lawfully eligible to | 26 | | possess a firearm, upon petition from the local law |
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| 1 | | enforcement agency, the court may order the local law | 2 | | enforcement agency to destroy the firearms, use the | 3 | | firearms for training purposes, or for any other | 4 | | application as deemed appropriate by the local law | 5 | | enforcement agency; or that the firearms be turned over | 6 | | to a third party who is lawfully eligible to possess | 7 | | firearms, and who does not reside with respondent.
| 8 | | (15) Prohibition of access to records. If an order of | 9 | | protection
prohibits respondent from having contact with | 10 | | the minor child,
or if petitioner's address is omitted | 11 | | under subsection (b) of
Section 112A-5, or if necessary to | 12 | | prevent abuse or wrongful removal or
concealment of a minor | 13 | | child, the order shall deny respondent access to, and
| 14 | | prohibit respondent from inspecting, obtaining, or | 15 | | attempting to
inspect or obtain, school or any other | 16 | | records of the minor child
who is in the care of | 17 | | petitioner.
| 18 | | (16) Order for payment of shelter services. Order | 19 | | respondent to
reimburse a shelter providing temporary | 20 | | housing and counseling services to
the petitioner for the | 21 | | cost of the services, as certified by the shelter
and | 22 | | deemed reasonable by the court.
| 23 | | (17) Order for injunctive relief. Enter injunctive | 24 | | relief necessary
or appropriate to prevent further abuse of | 25 | | a family or household member or
to effectuate one of the | 26 | | granted remedies, if supported by the balance of
hardships. |
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| 1 | | If the harm to be prevented by the injunction is abuse or | 2 | | any
other harm that one of the remedies listed in | 3 | | paragraphs (1) through (16)
of this subsection is designed | 4 | | to prevent, no further evidence is necessary
to establish | 5 | | that the harm is an irreparable injury.
| 6 | | (c) Relevant factors; findings.
| 7 | | (1) In determining whether to grant a
specific remedy, | 8 | | other than payment of support, the
court shall consider | 9 | | relevant factors, including but not limited to the
| 10 | | following:
| 11 | | (i) the nature, frequency, severity, pattern and | 12 | | consequences of the
respondent's past abuse of the | 13 | | petitioner or any family or household
member, | 14 | | including the concealment of his or her location in | 15 | | order to evade
service of process or notice, and the | 16 | | likelihood of danger of future abuse to
petitioner or
| 17 | | any member of petitioner's or respondent's family or | 18 | | household; and
| 19 | | (ii) the danger that any minor child will be abused | 20 | | or neglected or
improperly removed from the | 21 | | jurisdiction, improperly concealed within the
State or | 22 | | improperly separated from the child's primary | 23 | | caretaker.
| 24 | | (2) In comparing relative hardships resulting to the | 25 | | parties from loss
of possession of the family home, the | 26 | | court shall consider relevant
factors, including but not |
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| 1 | | limited to the following:
| 2 | | (i) availability, accessibility, cost, safety, | 3 | | adequacy, location and other
characteristics of | 4 | | alternate housing for each party and any minor child or
| 5 | | dependent adult in the party's care;
| 6 | | (ii) the effect on the party's employment; and
| 7 | | (iii) the effect on the relationship of the party, | 8 | | and any minor
child or dependent adult in the party's | 9 | | care, to family, school, church
and community.
| 10 | | (3) Subject to the exceptions set forth in paragraph | 11 | | (4) of this
subsection, the court shall make its findings | 12 | | in an official record or in
writing, and shall at a minimum | 13 | | set forth the following:
| 14 | | (i) That the court has considered the applicable | 15 | | relevant factors
described in paragraphs (1) and (2) of | 16 | | this subsection.
| 17 | | (ii) Whether the conduct or actions of respondent, | 18 | | unless
prohibited, will likely cause irreparable harm | 19 | | or continued abuse.
| 20 | | (iii) Whether it is necessary to grant the | 21 | | requested relief in order
to protect petitioner or | 22 | | other alleged abused persons.
| 23 | | (4) For purposes of issuing an ex parte emergency order | 24 | | of protection,
the court, as an alternative to or as a | 25 | | supplement to making the findings
described in paragraphs | 26 | | (c)(3)(i) through (c)(3)(iii) of this subsection, may use
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| 1 | | the following procedure:
| 2 | | When a verified petition for an emergency order of | 3 | | protection in
accordance with the requirements of Sections | 4 | | 112A-5 and 112A-17 is
presented to the court, the court | 5 | | shall examine petitioner on oath or
affirmation. An | 6 | | emergency order of protection shall be issued by the court
| 7 | | if it appears from the contents of the petition and the | 8 | | examination of
petitioner that the averments are | 9 | | sufficient to indicate abuse by
respondent and to support | 10 | | the granting of relief under the issuance of the
emergency | 11 | | order of protection.
| 12 | | (5) Never married parties. No rights or | 13 | | responsibilities for a minor
child born outside of marriage | 14 | | attach to a putative father until a father and
child | 15 | | relationship has been established under the Illinois | 16 | | Parentage Act of
1984. Absent such an adjudication, no | 17 | | putative father shall be granted
temporary custody of the | 18 | | minor child, visitation with the minor child, or
physical | 19 | | care
and possession of the minor child, nor shall
an order | 20 | | of payment for support of the minor child be entered.
| 21 | | (d) Balance of hardships; findings. If the court finds that | 22 | | the balance
of hardships does not support the granting of a | 23 | | remedy governed by
paragraph (2), (3), (10), (11), or (16) of
| 24 | | subsection (b) of this Section,
which may require such | 25 | | balancing, the court's findings shall so
indicate and shall | 26 | | include a finding as to whether granting the remedy will
result |
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| 1 | | in hardship to respondent that would substantially outweigh the | 2 | | hardship
to petitioner
from denial of the remedy. The findings | 3 | | shall be an official record or in
writing.
| 4 | | (e) Denial of remedies. Denial of any remedy shall not be | 5 | | based, in
whole or in part, on evidence that:
| 6 | | (1) Respondent has cause for any use of force, unless | 7 | | that cause
satisfies the standards for justifiable use of | 8 | | force provided by Article
7 of the Criminal Code of 2012;
| 9 | | (2) Respondent was voluntarily intoxicated;
| 10 | | (3) Petitioner acted in self-defense or defense of | 11 | | another, provided
that, if petitioner utilized force, such | 12 | | force was justifiable under
Article 7 of the Criminal Code | 13 | | of 2012;
| 14 | | (4) Petitioner did not act in self-defense or defense | 15 | | of another;
| 16 | | (5) Petitioner left the residence or household to avoid | 17 | | further abuse
by respondent;
| 18 | | (6) Petitioner did not leave the residence or household | 19 | | to avoid further
abuse by respondent;
| 20 | | (7) Conduct by any family or household member excused | 21 | | the abuse by
respondent, unless that same conduct would | 22 | | have excused such abuse if the
parties had not been family | 23 | | or household members.
| 24 | | (Source: P.A. 97-158, eff. 1-1-12; 97-1131, eff. 1-1-13; | 25 | | 97-1150, eff. 1-25-13; 98-63, eff. 7-9-13.)
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| 1 | | Section 10. The Illinois Domestic Violence Act of 1986 is | 2 | | amended by changing Section 214 as follows:
| 3 | | (750 ILCS 60/214) (from Ch. 40, par. 2312-14)
| 4 | | Sec. 214. Order of protection; remedies.
| 5 | | (a) Issuance of order. If the court finds that petitioner | 6 | | has been
abused by a family or household member or that | 7 | | petitioner is a high-risk
adult who has been abused, neglected, | 8 | | or exploited, as defined in this Act,
an order of protection | 9 | | prohibiting the abuse, neglect, or exploitation
shall issue; | 10 | | provided that petitioner must also satisfy the requirements of
| 11 | | one of the following Sections, as appropriate: Section 217 on | 12 | | emergency
orders, Section 218 on interim orders, or Section 219 | 13 | | on plenary orders.
Petitioner shall not be denied an order of | 14 | | protection because petitioner or
respondent is a minor. The | 15 | | court, when determining whether or not to issue
an order of | 16 | | protection, shall not require physical manifestations of abuse
| 17 | | on the person of the victim. Modification and extension of | 18 | | prior
orders of protection shall be in accordance with this | 19 | | Act.
| 20 | | (b) Remedies and standards. The remedies to be included in | 21 | | an order of
protection shall be determined in accordance with | 22 | | this Section and one of
the following Sections, as appropriate: | 23 | | Section 217 on emergency orders,
Section 218 on interim orders, | 24 | | and Section 219 on plenary orders. The
remedies listed in this | 25 | | subsection shall be in addition to other civil or
criminal |
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| 1 | | remedies available to petitioner.
| 2 | | (1) Prohibition of abuse, neglect, or exploitation. | 3 | | Prohibit
respondent's harassment, interference with | 4 | | personal liberty, intimidation
of a dependent, physical | 5 | | abuse, or willful deprivation, neglect or
exploitation, as | 6 | | defined in this Act, or stalking of the petitioner, as | 7 | | defined
in Section 12-7.3 of the Criminal Code of 2012, if | 8 | | such abuse, neglect,
exploitation, or stalking has | 9 | | occurred or otherwise appears likely to occur if
not | 10 | | prohibited.
| 11 | | (2) Grant of exclusive possession of residence. | 12 | | Prohibit respondent from
entering or remaining in any | 13 | | residence, household, or premises of the petitioner,
| 14 | | including one owned or leased by respondent, if petitioner | 15 | | has a right to
occupancy thereof. The grant of exclusive | 16 | | possession of the residence, household, or premises shall | 17 | | not
affect title to real property, nor shall the court be | 18 | | limited by the standard
set forth in Section 701 of the | 19 | | Illinois Marriage and Dissolution of Marriage
Act.
| 20 | | (A) Right to occupancy. A party has a right to | 21 | | occupancy of a
residence or household if it is solely | 22 | | or jointly owned or leased by that
party, that party's | 23 | | spouse, a person with a legal duty to support that | 24 | | party or
a minor child in that party's care, or by any | 25 | | person or entity other than the
opposing party that | 26 | | authorizes that party's occupancy (e.g., a domestic
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| 1 | | violence shelter). Standards set forth in subparagraph | 2 | | (B) shall not preclude
equitable relief.
| 3 | | (B) Presumption of hardships. If petitioner and | 4 | | respondent
each has the right to occupancy of a | 5 | | residence or household, the court
shall balance (i) the | 6 | | hardships to respondent and any minor child or
| 7 | | dependent adult in respondent's care resulting from | 8 | | entry of this remedy with
(ii) the hardships to | 9 | | petitioner and any minor child or dependent adult in
| 10 | | petitioner's care resulting from continued exposure to | 11 | | the risk of abuse
(should petitioner remain at the | 12 | | residence or household) or from loss of
possession of | 13 | | the residence or household (should petitioner leave to | 14 | | avoid the
risk of abuse). When determining the balance | 15 | | of hardships, the court shall
also take into account | 16 | | the accessibility of the residence or household.
| 17 | | Hardships need not be balanced if respondent does not | 18 | | have a right to
occupancy.
| 19 | | The balance of hardships is presumed to favor | 20 | | possession by
petitioner unless the presumption is | 21 | | rebutted by a preponderance of the
evidence, showing | 22 | | that the hardships to respondent substantially | 23 | | outweigh
the hardships to petitioner and any minor | 24 | | child or dependent adult in
petitioner's care. The | 25 | | court, on the request of petitioner or on its own
| 26 | | motion, may order respondent to provide suitable, |
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| 1 | | accessible, alternate housing
for petitioner instead | 2 | | of excluding respondent from a mutual residence or
| 3 | | household.
| 4 | | (3) Stay away order and additional prohibitions.
Order | 5 | | respondent to stay away from petitioner or any other person
| 6 | | protected by the order of protection, or prohibit | 7 | | respondent from entering
or remaining present at | 8 | | petitioner's school, place of employment, or other
| 9 | | specified places at times when petitioner is present, or | 10 | | both, if
reasonable, given the balance of hardships. | 11 | | Hardships need not be balanced for
the court to enter a | 12 | | stay away order or prohibit entry if respondent has no
| 13 | | right to enter the premises.
| 14 | | (A) If an order of protection grants petitioner | 15 | | exclusive possession
of the residence, or prohibits | 16 | | respondent from entering the residence,
or orders | 17 | | respondent to stay away from petitioner or other
| 18 | | protected persons, then the court may allow respondent | 19 | | access to the
residence to remove items of clothing and | 20 | | personal adornment
used exclusively by respondent, | 21 | | medications, and other items as the court
directs. The | 22 | | right to access shall be exercised on only one occasion | 23 | | as the
court directs and in the presence of an | 24 | | agreed-upon adult third party or law
enforcement | 25 | | officer.
| 26 | | (B) When the petitioner and the respondent attend |
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| 1 | | the same public, private, or non-public elementary, | 2 | | middle, or high school, the court when issuing an order | 3 | | of protection and providing relief shall consider the | 4 | | severity of the act, any continuing physical danger or | 5 | | emotional distress to the petitioner, the educational | 6 | | rights guaranteed to the petitioner and respondent | 7 | | under federal and State law, the availability of a | 8 | | transfer of the respondent to another school, a change | 9 | | of placement or a change of program of the respondent, | 10 | | the expense, difficulty, and educational disruption | 11 | | that would be caused by a transfer of the respondent to | 12 | | another school, and any other relevant facts of the | 13 | | case. The court may order that the respondent not | 14 | | attend the public, private, or non-public elementary, | 15 | | middle, or high school attended by the petitioner, | 16 | | order that the respondent accept a change of placement | 17 | | or change of program, as determined by the school | 18 | | district or private or non-public school, or place | 19 | | restrictions on the respondent's movements within the | 20 | | school attended by the petitioner.
The respondent | 21 | | bears the burden of proving by a preponderance of the | 22 | | evidence that a transfer, change of placement, or | 23 | | change of program of the respondent is not available. | 24 | | The respondent also bears the burden of production with | 25 | | respect to the expense, difficulty, and educational | 26 | | disruption that would be caused by a transfer of the |
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| 1 | | respondent to another school. A transfer, change of | 2 | | placement, or change of program is not unavailable to | 3 | | the respondent solely on the ground that the respondent | 4 | | does not agree with the school district's or private or | 5 | | non-public school's transfer, change of placement, or | 6 | | change of program or solely on the ground that the | 7 | | respondent fails or refuses to consent or otherwise | 8 | | does not take an action required to effectuate a | 9 | | transfer, change of placement, or change of program.
| 10 | | When a court orders a respondent to stay away from the | 11 | | public, private, or non-public school attended by the | 12 | | petitioner and the respondent requests a transfer to | 13 | | another attendance center within the respondent's | 14 | | school district or private or non-public school, the | 15 | | school district or private or non-public school shall | 16 | | have sole discretion to determine the attendance | 17 | | center to which the respondent is transferred.
In the | 18 | | event the court order results in a transfer of the | 19 | | minor respondent to another attendance center, a | 20 | | change in the respondent's placement, or a change of | 21 | | the respondent's program, the parents, guardian, or | 22 | | legal custodian of the respondent is responsible for | 23 | | transportation and other costs associated with the | 24 | | transfer or change. | 25 | | (C) The court may order the parents, guardian, or | 26 | | legal custodian of a minor respondent to take certain |
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| 1 | | actions or to refrain from taking certain actions to | 2 | | ensure that the respondent complies with the order. In | 3 | | the event the court orders a transfer of the respondent | 4 | | to another school, the parents, guardian, or legal | 5 | | custodian of the respondent is responsible for | 6 | | transportation and other costs associated with the | 7 | | change of school by the respondent.
| 8 | | (4) Counseling. Require or recommend the respondent to | 9 | | undergo
counseling for a specified duration with a social | 10 | | worker, psychologist,
clinical psychologist, psychiatrist, | 11 | | family service agency, alcohol or
substance abuse program, | 12 | | mental health center guidance counselor, agency
providing | 13 | | services to elders, program designed for domestic violence
| 14 | | abusers or any other guidance service the court deems | 15 | | appropriate. The Court may order the respondent in any | 16 | | intimate partner relationship to report to an Illinois | 17 | | Department of Human Services protocol approved partner | 18 | | abuse intervention program for an assessment and to follow | 19 | | all recommended treatment.
| 20 | | (5) Physical care and possession of the minor child. In | 21 | | order to protect
the minor child from abuse, neglect, or | 22 | | unwarranted separation from the person
who has been the | 23 | | minor child's primary caretaker, or to otherwise protect | 24 | | the
well-being of the minor child, the court may do either | 25 | | or both of the
following: (i) grant petitioner physical | 26 | | care or possession of the minor child,
or both, or (ii) |
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| 1 | | order respondent to return a minor child to, or not remove | 2 | | a
minor child from, the physical care of a parent or person | 3 | | in loco parentis.
| 4 | | If a court finds, after a hearing, that respondent has | 5 | | committed abuse
(as defined in Section 103) of a minor | 6 | | child, there shall be a
rebuttable presumption that | 7 | | awarding physical care to respondent would not
be in the | 8 | | minor child's best interest.
| 9 | | (6) Temporary legal custody. Award temporary legal | 10 | | custody to petitioner
in accordance with this Section, the | 11 | | Illinois Marriage and Dissolution of
Marriage Act, the | 12 | | Illinois Parentage Act of 1984, and this State's Uniform
| 13 | | Child-Custody Jurisdiction and Enforcement Act.
| 14 | | If a court finds, after a hearing, that respondent has | 15 | | committed abuse (as
defined in Section 103) of a minor | 16 | | child, there shall be a rebuttable
presumption that | 17 | | awarding temporary legal custody to respondent would not be | 18 | | in
the child's best interest.
| 19 | | (7) Visitation. Determine the visitation rights, if | 20 | | any, of respondent in
any case in which the court awards | 21 | | physical care or temporary legal custody of
a minor child | 22 | | to petitioner. The court shall restrict or deny | 23 | | respondent's
visitation with a minor child if the court | 24 | | finds that respondent has done or is
likely to do any of | 25 | | the following: (i) abuse or endanger the minor child during
| 26 | | visitation; (ii) use the visitation as an opportunity to |
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| 1 | | abuse or harass
petitioner or petitioner's family or | 2 | | household members; (iii) improperly
conceal or detain the | 3 | | minor child; or (iv) otherwise act in a manner that is
not | 4 | | in the best interests of the minor child. The court shall | 5 | | not be limited
by the standards set forth in Section 607.1 | 6 | | of the Illinois Marriage and
Dissolution of Marriage Act. | 7 | | If the court grants visitation, the order shall
specify | 8 | | dates and times for the visitation to take place or other | 9 | | specific
parameters or conditions that are appropriate. No | 10 | | order for visitation shall
refer merely to the term | 11 | | "reasonable visitation".
| 12 | | Petitioner may deny respondent access to the minor | 13 | | child if, when
respondent arrives for visitation, | 14 | | respondent is under the influence of drugs
or alcohol and | 15 | | constitutes a threat to the safety and well-being of
| 16 | | petitioner or petitioner's minor children or is behaving in | 17 | | a violent or
abusive manner.
| 18 | | If necessary to protect any member of petitioner's | 19 | | family or
household from future abuse, respondent shall be | 20 | | prohibited from coming to
petitioner's residence to meet | 21 | | the minor child for visitation, and the
parties shall | 22 | | submit to the court their recommendations for reasonable
| 23 | | alternative arrangements for visitation. A person may be | 24 | | approved to
supervise visitation only after filing an | 25 | | affidavit accepting
that responsibility and acknowledging | 26 | | accountability to the court.
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| 1 | | (8) Removal or concealment of minor child. Prohibit | 2 | | respondent from
removing a minor child from the State or | 3 | | concealing the child within the State.
| 4 | | (9) Order to appear. Order the respondent to appear in | 5 | | court, alone
or with a minor child, to prevent abuse, | 6 | | neglect, removal or concealment of
the child, to return the | 7 | | child to the custody or care of the petitioner or
to permit | 8 | | any court-ordered interview or examination of the child or | 9 | | the
respondent.
| 10 | | (10) Possession of personal property. Grant petitioner | 11 | | exclusive
possession of personal property and, if | 12 | | respondent has possession or
control, direct respondent to | 13 | | promptly make it available to petitioner, if:
| 14 | | (i) petitioner, but not respondent, owns the | 15 | | property; or
| 16 | | (ii) the parties own the property jointly; sharing | 17 | | it would risk
abuse of petitioner by respondent or is | 18 | | impracticable; and the balance of
hardships favors | 19 | | temporary possession by petitioner.
| 20 | | If petitioner's sole claim to ownership of the property | 21 | | is that it is
marital property, the court may award | 22 | | petitioner temporary possession
thereof under the | 23 | | standards of subparagraph (ii) of this paragraph only if
a | 24 | | proper proceeding has been filed under the Illinois | 25 | | Marriage and
Dissolution of Marriage Act, as now or | 26 | | hereafter amended.
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| 1 | | No order under this provision shall affect title to | 2 | | property.
| 3 | | (11) Protection of property. Forbid the respondent | 4 | | from taking,
transferring, encumbering, concealing, | 5 | | damaging or otherwise disposing of
any real or personal | 6 | | property, except as explicitly authorized by the
court, if:
| 7 | | (i) petitioner, but not respondent, owns the | 8 | | property; or
| 9 | | (ii) the parties own the property jointly,
and the | 10 | | balance of hardships favors granting this remedy.
| 11 | | If petitioner's sole claim to ownership of the property | 12 | | is that it is
marital property, the court may grant | 13 | | petitioner relief under subparagraph
(ii) of this | 14 | | paragraph only if a proper proceeding has been filed under | 15 | | the
Illinois Marriage and Dissolution of Marriage Act, as | 16 | | now or hereafter amended.
| 17 | | The court may restrain a party from cashing, borrowing | 18 | | against, canceling, transferring, disposing of, or | 19 | | changing the beneficiaries of any insurance or other | 20 | | coverage held for the benefit of the parties or a child or | 21 | | children of the parties for whom support may be ordered, or | 22 | | both.
| 23 | | The court may further prohibit respondent from | 24 | | improperly using the
financial or other resources of an | 25 | | aged member of the family or household
for the profit or | 26 | | advantage of respondent or of any other person.
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| 1 | | (11.5) Protection of animals. Grant the petitioner the | 2 | | exclusive care, custody, or control of any animal owned, | 3 | | possessed, leased, kept, or held by either the petitioner | 4 | | or the respondent or a minor child residing in the | 5 | | residence or household of either the petitioner or the | 6 | | respondent and order the respondent to stay away from the | 7 | | animal and forbid the respondent from taking, | 8 | | transferring, encumbering, concealing, harming, or | 9 | | otherwise disposing of the animal.
| 10 | | (12) Order for payment of support. Order respondent to | 11 | | pay temporary
support for the petitioner or any child in | 12 | | the petitioner's care or
custody, when the respondent has a | 13 | | legal obligation to support that person,
in accordance with | 14 | | the Illinois Marriage and Dissolution
of Marriage Act, | 15 | | which shall govern, among other matters, the amount of
| 16 | | support, payment through the clerk and withholding of | 17 | | income to secure
payment. An order for child support may be | 18 | | granted to a petitioner with
lawful physical care or | 19 | | custody of a child, or an order or agreement for
physical | 20 | | care or custody, prior to entry of an order for legal | 21 | | custody.
Such a support order shall expire upon entry of a | 22 | | valid order granting
legal custody to another, unless | 23 | | otherwise provided in the custody order.
| 24 | | (13) Order for payment of losses. Order respondent to | 25 | | pay petitioner for
losses suffered as a direct result of | 26 | | the abuse, neglect, or exploitation.
Such losses shall |
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| 1 | | include, but not be limited to, medical expenses, lost
| 2 | | earnings or other support, repair or replacement of | 3 | | property damaged or taken,
reasonable attorney's fees, | 4 | | court costs and moving or other travel expenses,
including | 5 | | additional reasonable expenses for temporary shelter and | 6 | | restaurant
meals.
| 7 | | (i) Losses affecting family needs. If a party is | 8 | | entitled to seek
maintenance, child support or | 9 | | property distribution from the other party
under the | 10 | | Illinois Marriage and Dissolution of Marriage Act, as | 11 | | now or
hereafter amended, the court may order | 12 | | respondent to reimburse petitioner's
actual losses, to | 13 | | the extent that such reimbursement would be | 14 | | "appropriate
temporary relief", as authorized by | 15 | | subsection (a)(3) of Section 501 of
that Act.
| 16 | | (ii) Recovery of expenses. In the case of an | 17 | | improper concealment
or removal of a minor child, the | 18 | | court may order respondent to pay the
reasonable | 19 | | expenses incurred or to be incurred in the search for | 20 | | and recovery
of the minor child, including but not | 21 | | limited to legal fees, court costs,
private | 22 | | investigator fees, and travel costs.
| 23 | | (14) Prohibition of entry. Prohibit the respondent | 24 | | from entering or
remaining in the residence or household | 25 | | while the respondent is under the
influence of alcohol or | 26 | | drugs and constitutes a threat to the safety and
well-being |
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| 1 | | of the petitioner or the petitioner's children.
| 2 | | (14.5) Prohibition of firearm possession.
| 3 | | (a) Prohibit a respondent against whom an order of | 4 | | protection was issued from possessing any firearms | 5 | | during the duration of the order if the order: | 6 | | (1) was issued after a hearing of which such | 7 | | person received
actual notice, and at which such | 8 | | person had an opportunity to
participate; | 9 | | (2) restrains such person from harassing, | 10 | | stalking, or
threatening an intimate partner of | 11 | | such person or child of such
intimate partner or | 12 | | person, or engaging in other conduct that
would | 13 | | place an intimate partner in reasonable fear of | 14 | | bodily
injury to the partner or child; and | 15 | | (3)(i) includes a finding that such person | 16 | | represents a
credible threat to the physical | 17 | | safety of such intimate partner
or child; or
(ii) | 18 | | by its terms explicitly prohibits the use, | 19 | | attempted
use, or threatened use of physical force | 20 | | against such intimate
partner or child that would | 21 | | reasonably be expected to cause
bodily injury. | 22 | | Any Firearm Owner's Identification Card in the
| 23 | | possession of the respondent, except as provided in | 24 | | subsection (b), shall be ordered by the court to be | 25 | | turned
over to the local law enforcement agency. The | 26 | | local law enforcement agency shall immediately mail |
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| 1 | | the card to the Department of State Police Firearm | 2 | | Owner's Identification Card Office
for safekeeping. | 3 | | The court shall
issue a warrant for seizure of any | 4 | | firearm in the possession of the respondent, to be kept | 5 | | by the local law enforcement agency for safekeeping, | 6 | | except as provided in subsection (b).
The period of | 7 | | safekeeping shall be for the duration of the order of | 8 | | protection. The firearm or firearms and Firearm | 9 | | Owner's Identification Card, if unexpired, shall at | 10 | | the respondent's request, be returned to the | 11 | | respondent at the end
of the order of protection. It is | 12 | | the respondent's responsibility to notify the | 13 | | Department of State Police Firearm Owner's | 14 | | Identification Card Office.
| 15 | | (b) If the respondent is a peace officer as defined | 16 | | in Section 2-13 of
the
Criminal Code of 2012, the court | 17 | | shall order that any firearms used by the
respondent in | 18 | | the performance of his or her duties as a
peace officer | 19 | | be surrendered to
the chief law enforcement executive | 20 | | of the agency in which the respondent is
employed, who | 21 | | shall retain the firearms for safekeeping for the | 22 | | duration of the order of protection.
| 23 | | (c) Upon expiration of the period of safekeeping, | 24 | | if the firearms or Firearm Owner's Identification Card | 25 | | cannot be returned to respondent because respondent | 26 | | cannot be located, fails to respond to requests to |
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| 1 | | retrieve the firearms, or is not lawfully eligible to | 2 | | possess a firearm, upon petition from the local law | 3 | | enforcement agency, the court may order the local law | 4 | | enforcement agency to destroy the firearms, use the | 5 | | firearms for training purposes, or for any other | 6 | | application as deemed appropriate by the local law | 7 | | enforcement agency; or that the firearms be turned over | 8 | | to a third party who is lawfully eligible to possess | 9 | | firearms, and who does not reside with respondent.
| 10 | | (15) Prohibition of access to records. If an order of | 11 | | protection
prohibits respondent from having contact with | 12 | | the minor child,
or if petitioner's address is omitted | 13 | | under subsection (b) of
Section 203, or if necessary to | 14 | | prevent abuse or wrongful removal or
concealment of a minor | 15 | | child, the order shall deny respondent access to, and
| 16 | | prohibit respondent from inspecting, obtaining, or | 17 | | attempting to
inspect or obtain, school or any other | 18 | | records of the minor child
who is in the care of | 19 | | petitioner.
| 20 | | (16) Order for payment of shelter services. Order | 21 | | respondent to
reimburse a shelter providing temporary | 22 | | housing and counseling services to
the petitioner for the | 23 | | cost of the services, as certified by the shelter
and | 24 | | deemed reasonable by the court.
| 25 | | (17) Order for injunctive relief. Enter injunctive | 26 | | relief necessary
or appropriate to prevent further abuse of |
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| 1 | | a family or household member
or further abuse, neglect, or | 2 | | exploitation of a high-risk adult with
disabilities or to | 3 | | effectuate one of the granted remedies, if supported by the
| 4 | | balance of hardships. If the harm to be prevented by the | 5 | | injunction is abuse
or any other harm that one of the | 6 | | remedies listed in paragraphs (1) through
(16) of this | 7 | | subsection is designed to prevent, no further evidence is
| 8 | | necessary that the harm is an irreparable injury.
| 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, neglect | 16 | | or exploitation of the petitioner or
any family or | 17 | | household member, including the concealment of his or | 18 | | her
location in order to evade service of process or | 19 | | notice, and the likelihood of
danger of future abuse, | 20 | | neglect, or exploitation to petitioner or any member of
| 21 | | petitioner's or respondent's family or household; and
| 22 | | (ii) the danger that any minor child will be abused | 23 | | or neglected or
improperly removed from the | 24 | | jurisdiction, improperly concealed within the
State or | 25 | | 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
or | 8 | | 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, the court shall make its findings | 15 | | in an official record or in
writing, and shall at a minimum | 16 | | set forth the following:
| 17 | | (i) That the court has considered the applicable | 18 | | relevant factors
described in paragraphs (1) and (2) of | 19 | | this subsection.
| 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) For purposes of issuing an ex parte emergency order |
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| 1 | | of protection,
the court, as an alternative to or as a | 2 | | supplement to making the findings
described in paragraphs | 3 | | (c)(3)(i) through (c)(3)(iii) of this subsection, may
use | 4 | | the following procedure:
| 5 | | When a verified petition for an emergency order of | 6 | | protection in
accordance with the requirements of Sections | 7 | | 203 and 217 is
presented to the court, the court shall | 8 | | examine petitioner on oath or
affirmation. An emergency | 9 | | order of protection shall be issued by the court
if it | 10 | | appears from the contents of the petition and the | 11 | | examination of
petitioner that the averments are | 12 | | sufficient to indicate abuse by
respondent and to support | 13 | | the granting of relief under the issuance of the
emergency | 14 | | order of protection.
| 15 | | (5) Never married parties. No rights or | 16 | | responsibilities for a minor
child born outside of marriage | 17 | | attach to a putative father until a father and
child | 18 | | relationship has been established under the Illinois | 19 | | Parentage Act of
1984, the Illinois Public Aid Code, | 20 | | Section 12 of the Vital Records Act, the
Juvenile Court Act | 21 | | of 1987, the Probate Act of 1985, the Revised Uniform
| 22 | | Reciprocal Enforcement of Support Act, the Uniform | 23 | | Interstate Family Support
Act, the Expedited Child Support | 24 | | Act of 1990, any judicial, administrative, or
other act of | 25 | | another state or territory, any other Illinois statute, or | 26 | | by any
foreign nation establishing the father and child |
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| 1 | | relationship, any other
proceeding substantially in | 2 | | conformity with the Personal Responsibility and
Work | 3 | | Opportunity Reconciliation Act of 1996 (Pub. L. 104-193), | 4 | | or where both
parties appeared in open court or at an | 5 | | administrative hearing acknowledging
under
oath or | 6 | | admitting by affirmation the existence of a father and | 7 | | child
relationship.
Absent such an adjudication, finding, | 8 | | or acknowledgement, no putative
father shall be granted
| 9 | | temporary custody of the minor child, visitation with the | 10 | | minor child, or
physical care and possession of the minor | 11 | | child, nor shall an order of payment
for support of the | 12 | | minor child be entered.
| 13 | | (d) Balance of hardships; findings. If the court finds that | 14 | | the balance
of hardships does not support the granting of a | 15 | | remedy governed by
paragraph (2), (3), (10), (11), or (16) of | 16 | | subsection (b) of this Section,
which may require such | 17 | | balancing, the court's findings shall so
indicate and shall | 18 | | include a finding as to whether granting the remedy will
result | 19 | | in hardship to respondent that would substantially outweigh the | 20 | | hardship
to petitioner from denial of the remedy. The findings | 21 | | shall be an official
record or in writing.
| 22 | | (e) Denial of remedies. Denial of any remedy shall not be | 23 | | based, in
whole or in part, on evidence that:
| 24 | | (1) Respondent has cause for any use of force, unless | 25 | | that cause
satisfies the standards for justifiable use of | 26 | | force provided by Article
7 of the Criminal Code of 2012;
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| 1 | | (2) Respondent was voluntarily intoxicated;
| 2 | | (3) Petitioner acted in self-defense or defense of | 3 | | another, provided
that, if petitioner utilized force, such | 4 | | force was justifiable under
Article 7 of the Criminal Code | 5 | | of 2012;
| 6 | | (4) Petitioner did not act in self-defense or defense | 7 | | of another;
| 8 | | (5) Petitioner left the residence or household to avoid | 9 | | further abuse,
neglect, or exploitation by respondent;
| 10 | | (6) Petitioner did not leave the residence or household | 11 | | to avoid further
abuse, neglect, or exploitation by | 12 | | respondent;
| 13 | | (7) Conduct by any family or household member excused | 14 | | the abuse,
neglect, or exploitation by respondent, unless | 15 | | that same conduct would have
excused such abuse, neglect, | 16 | | or exploitation if the parties had not been
family or | 17 | | household members.
| 18 | | (Source: P.A. 96-701, eff. 1-1-10; 96-1239, eff. 1-1-11; | 19 | | 97-158, eff. 1-1-12; 97-294, eff. 1-1-12; 97-813, eff. 7-13-12; | 20 | | 97-1131, eff. 1-1-13; 97-1150, eff. 1-25-13.)
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