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90_HB2153
725 ILCS 5/112A-14 from Ch. 38, par. 112A-14
750 ILCS 60/214 from Ch. 40, par. 2312-14
Amends the Code of Criminal Procedure of 1963 and the
Illinois Domestic Violence Act of 1986. Provides that a
respondent who is subject to an order of protection shall be
prohibited from purchasing or possessing a firearm while the
order is in effect (now the respondent is prohibited from
possessing a firearm if the court determines that the
respondent has threatened or is likely to use firearms
illegally against the petitioner).
LRB9004127RCbd
LRB9004127RCbd
1 AN ACT in relation to domestic violence, amending named
2 Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Code of Criminal Procedure of 1963 is
6 amended by changing Section 112A-14 as follows:
7 (725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14)
8 Sec. 112A-14. Order of protection; remedies.
9 (a) Issuance of order. If the court finds that
10 petitioner has been abused by a family or household member,
11 as defined in this Article, an order of protection
12 prohibiting such abuse shall issue; provided that petitioner
13 must also satisfy the requirements of one of the following
14 Sections, as appropriate: Section 112A-17 on emergency
15 orders, Section 112A-18 on interim orders, or Section 112A-19
16 on plenary orders. Petitioner shall not be denied an order
17 of protection because petitioner or respondent is a minor.
18 The court, when determining whether or not to issue an order
19 of protection, shall not require physical manifestations of
20 abuse on the person of the victim. Modification and
21 extension of prior orders of protection shall be in
22 accordance with this Article.
23 (b) Remedies and standards. The remedies to be included
24 in an order of protection shall be determined in accordance
25 with this Section and one of the following Sections, as
26 appropriate: Section 112A-17 on emergency orders, Section
27 112A-18 on interim orders, and Section 112A-19 on plenary
28 orders. The remedies listed in this subsection shall be in
29 addition to other civil or criminal remedies available to
30 petitioner.
31 (1) Prohibition of abuse. Prohibit respondent's
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1 harassment, interference with personal liberty,
2 intimidation of a dependent, physical abuse or willful
3 deprivation, as defined in this Article, if such abuse
4 has occurred or otherwise appears likely to occur if not
5 prohibited.
6 (2) Grant of exclusive possession of residence.
7 Prohibit respondent from entering or remaining in any
8 residence or household of the petitioner, including one
9 owned or leased by respondent, if petitioner has a right
10 to occupancy thereof. The grant of exclusive possession
11 of the residence shall not affect title to real property,
12 nor shall the court be limited by the standard set forth
13 in Section 701 of the Illinois Marriage and Dissolution
14 of Marriage Act.
15 (A) Right to occupancy. A party has a right
16 to occupancy of a residence or household if it is
17 solely or jointly owned or leased by that party,
18 that party's spouse, a person with a legal duty to
19 support that party or a minor child in that party's
20 care, or by any person or entity other than the
21 opposing party that authorizes that party's
22 occupancy (e.g., a domestic violence shelter).
23 Standards set forth in subparagraph (B) shall not
24 preclude equitable relief.
25 (B) Presumption of hardships. If petitioner
26 and respondent each has the right to occupancy of a
27 residence or household, the court shall balance (i)
28 the hardships to respondent and any minor child or
29 dependent adult in respondent's care resulting from
30 entry of this remedy with (ii) the hardships to
31 petitioner and any minor child or dependent adult in
32 petitioner's care resulting from continued exposure
33 to the risk of abuse (should petitioner remain at
34 the residence or household) or from loss of
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1 possession of the residence or household (should
2 petitioner leave to avoid the risk of abuse). When
3 determining the balance of hardships, the court
4 shall also take into account the accessibility of
5 the residence or household. Hardships need not be
6 balanced if respondent does not have a right to
7 occupancy.
8 The balance of hardships is presumed to favor
9 possession by petitioner unless the presumption is
10 rebutted by a preponderance of the evidence, showing
11 that the hardships to respondent substantially
12 outweigh the hardships to petitioner and any minor
13 child or dependent adult in petitioner's care. The
14 court, on the request of petitioner or on its own
15 motion, may order respondent to provide suitable,
16 accessible, alternate housing for petitioner instead
17 of excluding respondent from a mutual residence or
18 household.
19 (3) Stay away order and additional prohibitions.
20 Order respondent to stay away from petitioner or any
21 other person protected by the order of protection, or
22 prohibit respondent from entering or remaining present at
23 petitioner's school, place of employment, or other
24 specified places at times when petitioner is present, or
25 both, if reasonable, given the balance of hardships.
26 Hardships need not be balanced for the court to enter a
27 stay away order or prohibit entry if respondent has no
28 right to enter the premises.
29 If an order of protection grants petitioner
30 exclusive possession of the residence, or prohibits
31 respondent from entering the residence, or orders
32 respondent to stay away from petitioner or other
33 protected persons, then the court may allow respondent
34 access to the residence to remove items of clothing and
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1 personal adornment used exclusively by respondent,
2 medications, and other items as the court directs. The
3 right to access shall be exercised on only one occasion
4 as the court directs and in the presence of an
5 agreed-upon adult third party or law enforcement officer.
6 (4) Counseling. Require or recommend the
7 respondent to undergo counseling for a specified duration
8 with a social worker, psychologist, clinical
9 psychologist, psychiatrist, family service agency,
10 alcohol or substance abuse program, mental health center
11 guidance counselor, agency providing services to elders,
12 program designed for domestic violence abusers or any
13 other guidance service the court deems appropriate.
14 (5) Physical care and possession of the minor
15 child. In order to protect the minor child from abuse,
16 neglect, or unwarranted separation from the person who
17 has been the minor child's primary caretaker, or to
18 otherwise protect the well-being of the minor child, the
19 court may do either or both of the following: (i) grant
20 petitioner physical care or possession of the minor
21 child, or both, or (ii) order respondent to return a
22 minor child to, or not remove a minor child from, the
23 physical care of a parent or person in loco parentis.
24 If a court finds, after a hearing, that respondent
25 has committed abuse (as defined in Section 112A-3) of a
26 minor child, there shall be a rebuttable presumption that
27 awarding physical care to respondent would not be in the
28 minor child's best interest.
29 (6) Temporary legal custody. Award temporary legal
30 custody to petitioner in accordance with this Section,
31 the Illinois Marriage and Dissolution of Marriage Act,
32 the Illinois Parentage Act of 1984, and this State's
33 Uniform Child Custody Jurisdiction Act.
34 If a court finds, after a hearing, that respondent
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1 has committed abuse (as defined in Section 112A-3) of a
2 minor child, there shall be a rebuttable presumption that
3 awarding temporary legal custody to respondent would not
4 be in the child's best interest.
5 (7) Visitation. Determine the visitation rights,
6 if any, of respondent in any case in which the court
7 awards physical care or temporary legal custody of a
8 minor child to petitioner. The court shall restrict or
9 deny respondent's visitation with a minor child if the
10 court finds that respondent has done or is likely to do
11 any of the following: (i) abuse or endanger the minor
12 child during visitation; (ii) use the visitation as an
13 opportunity to abuse or harass petitioner or petitioner's
14 family or household members; (iii) improperly conceal or
15 detain the minor child; or (iv) otherwise act in a manner
16 that is not in the best interests of the minor child.
17 The court shall not be limited by the standards set forth
18 in Section 607.1 of the Illinois Marriage and Dissolution
19 of Marriage Act. If the court grants visitation, the
20 order shall specify dates and times for the visitation to
21 take place or other specific parameters or conditions
22 that are appropriate. No order for visitation shall
23 refer merely to the term "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
27 constitutes a threat to the safety and well-being of
28 petitioner or petitioner's minor children or is behaving
29 in a violent or abusive manner.
30 If necessary to protect any member of petitioner's
31 family or household from future abuse, respondent shall
32 be prohibited from coming to petitioner's residence to
33 meet the minor child for visitation, and the parties
34 shall submit to the court their recommendations for
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1 reasonable alternative arrangements for visitation. A
2 person may be approved to supervise visitation only after
3 filing an affidavit accepting that responsibility and
4 acknowledging accountability to the court.
5 (8) Removal or concealment of minor child.
6 Prohibit respondent from removing a minor child from the
7 State or concealing the child within the State.
8 (9) Order to appear. Order the respondent to
9 appear in court, alone or with a minor child, to prevent
10 abuse, neglect, removal or concealment of the child, to
11 return the child to the custody or care of the petitioner
12 or to permit any court-ordered interview or examination
13 of the child or the respondent.
14 (10) Possession of personal property. Grant
15 petitioner exclusive possession of personal property and,
16 if respondent has possession or control, direct
17 respondent to promptly make it available to petitioner,
18 if:
19 (i) petitioner, but not respondent, owns the
20 property; or
21 (ii) the parties own the property jointly;
22 sharing it would risk abuse of petitioner by
23 respondent or is impracticable; and the balance of
24 hardships favors temporary possession by petitioner.
25 If petitioner's sole claim to ownership of the
26 property is that it is marital property, the court may
27 award petitioner temporary possession thereof under the
28 standards of subparagraph (ii) of this paragraph only if
29 a proper proceeding has been filed under the Illinois
30 Marriage and Dissolution of Marriage Act, as now or
31 hereafter amended.
32 No order under this provision shall affect title to
33 property.
34 (11) Protection of property. Forbid the respondent
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1 from taking, transferring, encumbering, concealing,
2 damaging or otherwise disposing of any real or personal
3 property, except as explicitly authorized by the court,
4 if:
5 (i) petitioner, but not respondent, owns the
6 property; or
7 (ii) the parties own the property jointly, and
8 the balance of hardships favors granting this
9 remedy.
10 If petitioner's sole claim to ownership of the
11 property is that it is marital property, the court may
12 grant petitioner relief under subparagraph (ii) of this
13 paragraph only if a proper proceeding has been filed
14 under the Illinois Marriage and Dissolution of Marriage
15 Act, as now or hereafter amended.
16 The court may further prohibit respondent from
17 improperly using the financial or other resources of an
18 aged member of the family or household for the profit or
19 advantage of respondent or of any other person.
20 (12) Order for payment of support. Order
21 respondent to pay temporary support for the petitioner or
22 any child in the petitioner's care or custody, when the
23 respondent has a legal obligation to support that person,
24 in accordance with the Illinois Marriage and Dissolution
25 of Marriage Act, which shall govern, among other matters,
26 the amount of support, payment through the clerk and
27 withholding of income to secure payment. An order for
28 child support may be granted to a petitioner with lawful
29 physical care or custody of a child, or an order or
30 agreement for physical care or custody, prior to entry of
31 an order for legal custody. Such a support order shall
32 expire upon entry of a valid order granting legal custody
33 to another, unless otherwise provided in the custody
34 order.
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1 (13) Order for payment of losses. Order respondent
2 to pay petitioner for losses suffered as a direct result
3 of the abuse. Such losses shall include, but not be
4 limited to, medical expenses, lost earnings or other
5 support, repair or replacement of property damaged or
6 taken, reasonable attorney's fees, court costs and moving
7 or other travel expenses, including additional reasonable
8 expenses for temporary shelter and restaurant meals.
9 (i) Losses affecting family needs. If a party
10 is entitled to seek maintenance, child support or
11 property distribution from the other party under the
12 Illinois Marriage and Dissolution of Marriage Act,
13 as now or hereafter amended, the court may order
14 respondent to reimburse petitioner's actual losses,
15 to the extent that such reimbursement would be
16 "appropriate temporary relief", as authorized by
17 subsection (a)(3) of Section 501 of that Act.
18 (ii) Recovery of expenses. In the case of an
19 improper concealment or removal of a minor child,
20 the court may order respondent to pay the reasonable
21 expenses incurred or to be incurred in the search
22 for and recovery of the minor child, including but
23 not limited to legal fees, court costs, private
24 investigator fees, and travel costs.
25 (14) Prohibition of entry. Prohibit the respondent
26 from entering or remaining in the residence or household
27 while the respondent is under the influence of alcohol or
28 drugs and constitutes a threat to the safety and
29 well-being of the petitioner or the petitioner's
30 children.
31 (14.5) Prohibition of firearm purchase and
32 possession. (a) When a complaint is made under a request
33 for an order of protection, that the respondent has
34 threatened or is likely to use firearms illegally against
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1 the petitioner, and the respondent is present in court,
2 or has failed to appear after receiving actual notice,
3 the court shall examine on oath the petitioner, and any
4 witnesses who may be produced. If the court is satisfied
5 that there is any danger of the illegal use of firearms,
6 it shall include in the order of protection the
7 requirement that any firearms in the possession of the
8 respondent, except as provided in subsection (b), be
9 turned over to the local law enforcement agency for
10 safekeeping. If the respondent fails to appear, or
11 refuses or fails to surrender his or her firearms, the
12 court shall issue a warrant for seizure of any firearm in
13 the possession of the respondent and shall order that the
14 respondent be prohibited from purchasing any firearm
15 while the order of protection is in effect. The period of
16 safekeeping shall be for a stated period of time not to
17 exceed 2 years. The firearm or firearms shall be
18 returned to the respondent at the end of the stated
19 period or at expiration of the order of protection,
20 whichever is sooner. (b) If the respondent is a peace
21 officer as defined in Section 2-13 of the Criminal Code
22 of 1961, the court shall order that any firearms used by
23 the respondent in the performance of his or her duties as
24 a peace officer be surrendered to the chief law
25 enforcement executive of the agency in which the
26 respondent is employed, who shall retain the firearms for
27 safekeeping for the stated period not to exceed 2 years
28 as set forth in the court order.
29 (15) Prohibition of access to records. If an order
30 of protection prohibits respondent from having contact
31 with the minor child, or if petitioner's address is
32 omitted under subsection (b) of Section 112A-5, or if
33 necessary to prevent abuse or wrongful removal or
34 concealment of a minor child, the order shall deny
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1 respondent access to, and prohibit respondent from
2 inspecting, obtaining, or attempting to inspect or
3 obtain, school or any other records of the minor child
4 who is in the care of petitioner.
5 (16) Order for payment of shelter services. Order
6 respondent to reimburse a shelter providing temporary
7 housing and counseling services to the petitioner for the
8 cost of the services, as certified by the shelter and
9 deemed reasonable by the court.
10 (17) Order for injunctive relief. Enter injunctive
11 relief necessary or appropriate to prevent further abuse
12 of a family or household member or to effectuate one of
13 the granted remedies, if supported by the balance of
14 hardships. If the harm to be prevented by the injunction
15 is abuse or any other harm that one of the remedies
16 listed in paragraphs (1) through (16) of this subsection
17 is designed to prevent, no further evidence is necessary
18 to establish that the harm is an irreparable injury.
19 (c) Relevant factors; findings.
20 (1) In determining whether to grant a specific
21 remedy, other than payment of support, the court shall
22 consider relevant factors, including but not limited to
23 the following:
24 (i) the nature, frequency, severity, pattern
25 and consequences of the respondent's past abuse of
26 the petitioner or any family or household member,
27 including the concealment of his or her location in
28 order to evade service of process or notice, and the
29 likelihood of danger of future abuse to petitioner
30 or any member of petitioner's or respondent's family
31 or household; and
32 (ii) the danger that any minor child will be
33 abused or neglected or improperly removed from the
34 jurisdiction, improperly concealed within the State
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1 or improperly separated from the child's primary
2 caretaker.
3 (2) In comparing relative hardships resulting to
4 the parties from loss of possession of the family home,
5 the court shall consider relevant factors, including but
6 not limited to the following:
7 (i) availability, accessibility, cost, safety,
8 adequacy, location and other characteristics of
9 alternate housing for each party and any minor child
10 or dependent adult in the party's care;
11 (ii) the effect on the party's employment; and
12 (iii) the effect on the relationship of the
13 party, and any minor child or dependent adult in the
14 party's care, to family, school, church and
15 community.
16 (3) Subject to the exceptions set forth in
17 paragraph (4) of this subsection, the court shall make
18 its findings in an official record or in writing, and
19 shall at a minimum set forth the following:
20 (i) That the court has considered the
21 applicable relevant factors described in paragraphs
22 (1) and (2) of this subsection.
23 (ii) Whether the conduct or actions of
24 respondent, unless prohibited, will likely cause
25 irreparable harm or continued abuse.
26 (iii) Whether it is necessary to grant the
27 requested relief in order to protect petitioner or
28 other alleged abused persons.
29 (4) For purposes of issuing an ex parte emergency
30 order of protection, the court, as an alternative to or
31 as a supplement to making the findings described in
32 paragraphs (c)(3)(i) through (c)(3)(iii) of this
33 subsection, may use the following procedure:
34 When a verified petition for an emergency order of
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1 protection in accordance with the requirements of
2 Sections 112A-5 and 112A-17 is presented to the court,
3 the court shall examine petitioner on oath or
4 affirmation. An emergency order of protection shall be
5 issued by the court if it appears from the contents of
6 the petition and the examination of petitioner that the
7 averments are sufficient to indicate abuse by respondent
8 and to support the granting of relief under the issuance
9 of the emergency order of protection.
10 (5) Never married parties. No rights or
11 responsibilities for a minor child born outside of
12 marriage attach to a putative father until a father and
13 child relationship has been established under the
14 Illinois Parentage Act of 1984. Absent such an
15 adjudication, no putative father shall be granted
16 temporary custody of the minor child, visitation with the
17 minor child, or physical care and possession of the minor
18 child, nor shall an order of payment for support of the
19 minor child be entered.
20 (d) Balance of hardships; findings. If the court finds
21 that the balance of hardships does not support the granting
22 of a remedy governed by paragraph (2), (3), (10), (11), or
23 (16) of subsection (b) of this Section, which may require
24 such balancing, the court's findings shall so indicate and
25 shall include a finding as to whether granting the remedy
26 will result in hardship to respondent that would
27 substantially outweigh the hardship to petitioner from denial
28 of the remedy. The findings shall be an official record or
29 in writing.
30 (e) Denial of remedies. Denial of any remedy shall not
31 be based, in whole or in part, on evidence that:
32 (1) Respondent has cause for any use of force,
33 unless that cause satisfies the standards for justifiable
34 use of force provided by Article VII of the Criminal Code
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1 of 1961;
2 (2) Respondent was voluntarily intoxicated;
3 (3) Petitioner acted in self-defense or defense of
4 another, provided that, if petitioner utilized force,
5 such force was justifiable under Article VII of the
6 Criminal Code of 1961;
7 (4) Petitioner did not act in self-defense or
8 defense of another;
9 (5) Petitioner left the residence or household to
10 avoid further abuse by respondent;
11 (6) Petitioner did not leave the residence or
12 household to avoid further abuse by respondent;
13 (7) Conduct by any family or household member
14 excused the abuse by respondent, unless that same conduct
15 would have excused such abuse if the parties had not been
16 family or household members.
17 (Source: P.A. 89-367, eff. 1-1-96.)
18 Section 10. The Illinois Domestic Violence Act of 1986
19 is amended by changing Section 214 as follows:
20 (750 ILCS 60/214) (from Ch. 40, par. 2312-14)
21 Sec. 214. Order of protection; remedies.
22 (a) Issuance of order. If the court finds that
23 petitioner has been abused by a family or household member or
24 that petitioner is a high-risk adult who has been abused,
25 neglected, or exploited, as defined in this Act, an order of
26 protection prohibiting the abuse, neglect, or exploitation
27 shall issue; provided that petitioner must also satisfy the
28 requirements of one of the following Sections, as
29 appropriate: Section 217 on emergency orders, Section 218 on
30 interim orders, or Section 219 on plenary orders. Petitioner
31 shall not be denied an order of protection because petitioner
32 or respondent is a minor. The court, when determining whether
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1 or not to issue an order of protection, shall not require
2 physical manifestations of abuse on the person of the victim.
3 Modification and extension of prior orders of protection
4 shall be in accordance with this Act.
5 (b) Remedies and standards. The remedies to be included
6 in an order of protection shall be determined in accordance
7 with this Section and one of the following Sections, as
8 appropriate: Section 217 on emergency orders, Section 218 on
9 interim orders, and Section 219 on plenary orders. The
10 remedies listed in this subsection shall be in addition to
11 other civil or criminal remedies available to petitioner.
12 (1) Prohibition of abuse, neglect, or exploitation.
13 Prohibit respondent's harassment, interference with
14 personal liberty, intimidation of a dependent, physical
15 abuse, or willful deprivation, neglect or exploitation,
16 as defined in this Act, or stalking of the petitioner, as
17 defined in Section 12-7.3 of the Criminal Code of 1961,
18 if such abuse, neglect, exploitation, or stalking has
19 occurred or otherwise appears likely to occur if not
20 prohibited.
21 (2) Grant of exclusive possession of residence.
22 Prohibit respondent from entering or remaining in any
23 residence or household of the petitioner, including one
24 owned or leased by respondent, if petitioner has a right
25 to occupancy thereof. The grant of exclusive possession
26 of the residence shall not affect title to real property,
27 nor shall the court be limited by the standard set forth
28 in Section 701 of the Illinois Marriage and Dissolution
29 of Marriage Act.
30 (A) Right to occupancy. A party has a right
31 to occupancy of a residence or household if it is
32 solely or jointly owned or leased by that party,
33 that party's spouse, a person with a legal duty to
34 support that party or a minor child in that party's
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1 care, or by any person or entity other than the
2 opposing party that authorizes that party's
3 occupancy (e.g., a domestic violence shelter).
4 Standards set forth in subparagraph (B) shall not
5 preclude equitable relief.
6 (B) Presumption of hardships. If petitioner
7 and 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
14 to the risk of abuse (should petitioner remain at
15 the residence or household) or from loss of
16 possession of the residence or household (should
17 petitioner leave to avoid the risk of abuse). When
18 determining the balance of hardships, the court
19 shall also take into account the accessibility of
20 the residence or household. Hardships need not be
21 balanced if respondent does not have a right to
22 occupancy.
23 The balance of hardships is presumed to favor
24 possession by petitioner unless the presumption is
25 rebutted by a preponderance of the evidence, showing
26 that the hardships to respondent substantially
27 outweigh the hardships to petitioner and any minor
28 child or dependent adult in petitioner's care. The
29 court, on the request of petitioner or on its own
30 motion, may order respondent to provide suitable,
31 accessible, alternate housing for petitioner instead
32 of excluding respondent from a mutual residence or
33 household.
34 (3) Stay away order and additional prohibitions.
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1 Order respondent to stay away from petitioner or any
2 other person protected by the order of protection, or
3 prohibit respondent from entering or remaining present at
4 petitioner's school, place of employment, or other
5 specified places at times when petitioner is present, or
6 both, if reasonable, given the balance of hardships.
7 Hardships need not be balanced for the court to enter a
8 stay away order or prohibit entry if respondent has no
9 right to enter the premises.
10 If an order of protection grants petitioner
11 exclusive possession of the residence, or prohibits
12 respondent from entering the residence, or orders
13 respondent to stay away from petitioner or other
14 protected persons, then the court may allow respondent
15 access to the residence to remove items of clothing and
16 personal adornment used exclusively by respondent,
17 medications, and other items as the court directs. The
18 right to access shall be exercised on only one occasion
19 as the court directs and in the presence of an
20 agreed-upon adult third party or law enforcement officer.
21 (4) Counseling. Require or recommend the
22 respondent to undergo counseling for a specified duration
23 with a social worker, psychologist, clinical
24 psychologist, psychiatrist, family service agency,
25 alcohol or substance abuse program, mental health center
26 guidance counselor, agency providing services to elders,
27 program designed for domestic violence abusers or any
28 other guidance service the court deems appropriate.
29 (5) Physical care and possession of the minor
30 child. In order to protect the minor child from abuse,
31 neglect, or unwarranted separation from the person who
32 has been the minor child's primary caretaker, or to
33 otherwise protect the well-being of the minor child, the
34 court may do either or both of the following: (i) grant
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1 petitioner physical care or possession of the minor
2 child, or both, or (ii) order respondent to return a
3 minor child to, or not remove a minor child from, the
4 physical care of a parent or person in loco parentis.
5 If a court finds, after a hearing, that respondent
6 has committed abuse (as defined in Section 103) of a
7 minor child, there shall be a rebuttable presumption that
8 awarding physical care to respondent would not be in the
9 minor child's best interest.
10 (6) Temporary legal custody. Award temporary legal
11 custody to petitioner in accordance with this Section,
12 the Illinois Marriage and Dissolution of Marriage Act,
13 the Illinois Parentage Act of 1984, and this State's
14 Uniform Child Custody Jurisdiction Act.
15 If a court finds, after a hearing, that respondent
16 has committed abuse (as defined in Section 103) of a
17 minor child, there shall be a rebuttable presumption that
18 awarding temporary legal custody to respondent would not
19 be in the child's best interest.
20 (7) Visitation. Determine the visitation rights,
21 if any, of respondent in any case in which the court
22 awards physical care or temporary legal custody of a
23 minor child to petitioner. The court shall restrict or
24 deny respondent's visitation with a minor child if the
25 court finds that respondent has done or is likely to do
26 any of the following: (i) abuse or endanger the minor
27 child during visitation; (ii) use the visitation as an
28 opportunity to abuse or harass petitioner or petitioner's
29 family or household members; (iii) improperly conceal or
30 detain the minor child; or (iv) otherwise act in a manner
31 that is not in the best interests of the minor child.
32 The court shall not be limited by the standards set forth
33 in Section 607.1 of the Illinois Marriage and Dissolution
34 of Marriage Act. If the court grants visitation, the
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1 order shall specify dates and times for the visitation to
2 take place or other specific parameters or conditions
3 that are appropriate. No order for visitation shall
4 refer merely to the term "reasonable visitation".
5 Petitioner may deny respondent access to the minor
6 child if, when respondent arrives for visitation,
7 respondent is under the influence of drugs or alcohol and
8 constitutes a threat to the safety and well-being of
9 petitioner or petitioner's minor children or is behaving
10 in a violent or abusive manner.
11 If necessary to protect any member of petitioner's
12 family or household from future abuse, respondent shall
13 be prohibited from coming to petitioner's residence to
14 meet the minor child for visitation, and the parties
15 shall submit to the court their recommendations for
16 reasonable alternative arrangements for visitation. A
17 person may be approved to supervise visitation only after
18 filing an affidavit accepting that responsibility and
19 acknowledging accountability to the court.
20 (8) Removal or concealment of minor child. Prohibit
21 respondent from removing a minor child from the State or
22 concealing the child within the State.
23 (9) Order to appear. Order the respondent to
24 appear in court, alone or with a minor child, to prevent
25 abuse, neglect, removal or concealment of the child, to
26 return the child to the custody or care of the petitioner
27 or to permit any court-ordered interview or examination
28 of the child or the respondent.
29 (10) Possession of personal property. Grant
30 petitioner exclusive possession of personal property and,
31 if respondent has possession or control, direct
32 respondent to promptly make it available to petitioner,
33 if:
34 (i) petitioner, but not respondent, owns the
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1 property; or
2 (ii) the parties own the property jointly;
3 sharing it would risk abuse of petitioner by
4 respondent or is impracticable; and the balance of
5 hardships favors temporary possession by petitioner.
6 If petitioner's sole claim to ownership of the
7 property is that it is marital property, the court may
8 award petitioner temporary possession thereof under the
9 standards of subparagraph (ii) of this paragraph only if
10 a 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,
19 if:
20 (i) petitioner, but not respondent, owns the
21 property; or
22 (ii) the parties own the property jointly, and
23 the balance of hardships favors granting this
24 remedy.
25 If petitioner's sole claim to ownership of the
26 property is that it is marital property, the court may
27 grant petitioner relief under subparagraph (ii) of this
28 paragraph only if a proper proceeding has been filed
29 under the Illinois Marriage and Dissolution of Marriage
30 Act, as now or hereafter amended.
31 The court may further prohibit respondent from
32 improperly using the financial or other resources of an
33 aged member of the family or household for the profit or
34 advantage of respondent or of any other person.
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1 (12) Order for payment of support. Order
2 respondent to pay temporary support for the petitioner or
3 any child in the petitioner's care or custody, when the
4 respondent has a legal obligation to support that person,
5 in accordance with the Illinois Marriage and Dissolution
6 of Marriage Act, which shall govern, among other matters,
7 the amount of support, payment through the clerk and
8 withholding of income to secure payment. An order for
9 child support may be granted to a petitioner with lawful
10 physical care or custody of a child, or an order or
11 agreement for physical care or custody, prior to entry of
12 an order for legal custody. Such a support order shall
13 expire upon entry of a valid order granting legal custody
14 to another, unless otherwise provided in the custody
15 order.
16 (13) Order for payment of losses. Order respondent
17 to pay petitioner for losses suffered as a direct result
18 of the abuse, neglect, or exploitation. Such losses
19 shall include, but not be limited to, medical expenses,
20 lost earnings or other support, repair or replacement of
21 property damaged or taken, reasonable attorney's fees,
22 court costs and moving or other travel expenses,
23 including additional reasonable expenses for temporary
24 shelter and restaurant meals.
25 (i) Losses affecting family needs. If a party
26 is entitled to seek maintenance, child support or
27 property distribution from the other party under the
28 Illinois Marriage and Dissolution of Marriage Act,
29 as now or hereafter amended, the court may order
30 respondent to reimburse petitioner's actual losses,
31 to the extent that such reimbursement would be
32 "appropriate temporary relief", as authorized by
33 subsection (a)(3) of Section 501 of that Act.
34 (ii) Recovery of expenses. In the case of an
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1 improper concealment or removal of a minor child,
2 the court may order respondent to pay the reasonable
3 expenses incurred or to be incurred in the search
4 for and recovery of the minor child, including but
5 not limited to legal fees, court costs, private
6 investigator fees, and travel costs.
7 (14) Prohibition of entry. Prohibit the respondent
8 from entering or remaining in the residence or household
9 while the respondent is under the influence of alcohol or
10 drugs and constitutes a threat to the safety and
11 well-being of the petitioner or the petitioner's
12 children.
13 (14.5) Prohibition of firearm purchase and
14 possession. (a) When a complaint is made under a request
15 for an order of protection, that the respondent has
16 threatened or is likely to use firearms illegally against
17 the petitioner, and the respondent is present in court,
18 or has failed to appear after receiving actual notice,
19 the court shall examine on oath the petitioner, and any
20 witnesses who may be produced. If the court is satisfied
21 that there is any danger of the illegal use of firearms,
22 it shall issue an order that any firearms in the
23 possession of the respondent, except as provided in
24 subsection (b), be turned over to the local law
25 enforcement agency for safekeeping and that the
26 respondent be prohibited from purchasing any firearm
27 while the order of protection is in effect. If the
28 respondent has failed to appear, the court shall issue a
29 warrant for seizure of any firearm in the possession of
30 the respondent. The period of safekeeping shall be for a
31 stated period of time not to exceed 2 years. The firearm
32 or firearms shall be returned to the respondent at the
33 end of the stated period or at expiration of the order of
34 protection, whichever is sooner. (b) If the respondent
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1 is a peace officer as defined in Section 2-13 of the
2 Criminal Code of 1961, the court shall order that any
3 firearms used by the respondent in the performance of his
4 or her duties as a peace officer be surrendered to the
5 chief law enforcement executive of the agency in which
6 the respondent is employed, who shall retain the firearms
7 for safekeeping for the stated period not to exceed 2
8 years as set forth in the court order.
9 (15) Prohibition of access to records. If an order
10 of protection prohibits respondent from having contact
11 with the minor child, or if petitioner's address is
12 omitted under subsection (b) of Section 203, or if
13 necessary to prevent abuse or wrongful removal or
14 concealment of a minor child, the order shall deny
15 respondent access to, and prohibit respondent from
16 inspecting, obtaining, or attempting to inspect or
17 obtain, school or any other records of the minor child
18 who is in the care of petitioner.
19 (16) Order for payment of shelter services. Order
20 respondent to reimburse a shelter providing temporary
21 housing and counseling services to the petitioner for the
22 cost of the services, as certified by the shelter and
23 deemed reasonable by the court.
24 (17) Order for injunctive relief. Enter injunctive
25 relief necessary or appropriate to prevent further abuse
26 of a family or household member or further abuse,
27 neglect, or exploitation of a high-risk adult with
28 disabilities or to effectuate one of the granted
29 remedies, if supported by the balance of hardships. If
30 the harm to be prevented by the injunction is abuse or
31 any other harm that one of the remedies listed in
32 paragraphs (1) through (16) of this subsection is
33 designed to prevent, no further evidence is necessary
34 that the harm is an irreparable injury.
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1 (c) Relevant factors; findings.
2 (1) In determining whether to grant a specific
3 remedy, other than payment of support, the court shall
4 consider relevant factors, including but not limited to
5 the following:
6 (i) the nature, frequency, severity, pattern
7 and consequences of the respondent's past abuse,
8 neglect or exploitation of the petitioner or any
9 family or household member, including the
10 concealment of his or her location in order to evade
11 service of process or notice, and the likelihood of
12 danger of future abuse, neglect, or exploitation to
13 petitioner or any member of petitioner's or
14 respondent's family or household; and
15 (ii) the danger that any minor child will be
16 abused or neglected or improperly removed from the
17 jurisdiction, improperly concealed within the State
18 or improperly separated from the child's primary
19 caretaker.
20 (2) In comparing relative hardships resulting to
21 the parties from loss of possession of the family home,
22 the court shall consider relevant factors, including but
23 not limited to the following:
24 (i) availability, accessibility, cost, safety,
25 adequacy, location and other characteristics of
26 alternate housing for each party and any minor child
27 or dependent adult in the party's care;
28 (ii) the effect on the party's employment; and
29 (iii) the effect on the relationship of the
30 party, and any minor child or dependent adult in the
31 party's care, to family, school, church and
32 community.
33 (3) Subject to the exceptions set forth in
34 paragraph (4) of this subsection, the court shall make
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1 its findings in an official record or in writing, and
2 shall at a minimum set forth the following:
3 (i) That the court has considered the
4 applicable relevant factors described in paragraphs
5 (1) and (2) of this subsection.
6 (ii) Whether the conduct or actions of
7 respondent, unless prohibited, will likely cause
8 irreparable harm or continued abuse.
9 (iii) Whether it is necessary to grant the
10 requested relief in order to protect petitioner or
11 other alleged abused persons.
12 (4) For purposes of issuing an ex parte emergency
13 order of protection, the court, as an alternative to or
14 as a supplement to making the findings described in
15 paragraphs (c)(3)(i) through (c)(3)(iii) of this
16 subsection, may use the following procedure:
17 When a verified petition for an emergency order of
18 protection in accordance with the requirements of
19 Sections 203 and 217 is presented to the court, the court
20 shall examine petitioner on oath or affirmation. An
21 emergency order of protection shall be issued by the
22 court if it appears from the contents of the petition and
23 the examination of petitioner that the averments are
24 sufficient to indicate abuse by respondent and to support
25 the granting of relief under the issuance of the
26 emergency order of protection.
27 (5) Never married parties. No rights or
28 responsibilities for a minor child born outside of
29 marriage attach to a putative father until a father and
30 child relationship has been established under the
31 Illinois Parentage Act of 1984. Absent such an
32 adjudication, no putative father shall be granted
33 temporary custody of the minor child, visitation with the
34 minor child, or physical care and possession of the minor
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1 child, nor shall an order of payment for support of the
2 minor child be entered.
3 (d) Balance of hardships; findings. If the court finds
4 that the balance of hardships does not support the granting
5 of a remedy governed by paragraph (2), (3), (10), (11), or
6 (16) of subsection (b) of this Section, which may require
7 such balancing, the court's findings shall so indicate and
8 shall include a finding as to whether granting the remedy
9 will result in hardship to respondent that would
10 substantially outweigh the hardship to petitioner from denial
11 of the remedy. The findings shall be an official record or in
12 writing.
13 (e) Denial of remedies. Denial of any remedy shall not
14 be based, in whole or in part, on evidence that:
15 (1) Respondent has cause for any use of force,
16 unless that cause satisfies the standards for justifiable
17 use of force provided by Article VII of the Criminal Code
18 of 1961;
19 (2) Respondent was voluntarily intoxicated;
20 (3) Petitioner acted in self-defense or defense of
21 another, provided that, if petitioner utilized force,
22 such force was justifiable under Article VII of the
23 Criminal Code of 1961;
24 (4) Petitioner did not act in self-defense or
25 defense of another;
26 (5) Petitioner left the residence or household to
27 avoid further abuse, neglect, or exploitation by
28 respondent;
29 (6) Petitioner did not leave the residence or
30 household to avoid further abuse, neglect, or
31 exploitation by respondent;
32 (7) Conduct by any family or household member
33 excused the abuse, neglect, or exploitation by
34 respondent, unless that same conduct would have excused
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1 such abuse, neglect, or exploitation if the parties had
2 not been family or household members.
3 (Source: P.A. 88-45; 89-367, eff. 1-1-96.)