Bill Amendment: IL HB4312 | 2025-2026 | 104th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: DOM VIOLENCE-ORD PROT

Status: 2026-04-22 - Added Co-Sponsor Rep. Barbara Hernandez [HB4312 Detail]

Download: Illinois-2025-HB4312-House_Amendment_001.html

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Rep. Maurice A. West, II

Filed: 3/19/2026

 

 

 

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AMENDMENT TO HOUSE BILL 4312
AMENDMENT NO. ______. Amend House Bill 4312 by replacing
everything after the enacting clause with the following:
"Section 5. The Code of Criminal Procedure of 1963 is
amended by changing Sections 112A-3, 112A-5.5, 112A-11.5, and
112A-14 as follows:
(725 ILCS 5/112A-3) (from Ch. 38, par. 112A-3)
Sec. 112A-3. Definitions.
(a) In this Article:
"Advocate" means a person whose communications with the
victim are privileged under Section 8-802.1 or 8-802.2 of the
Code of Civil Procedure or Section 227 of the Illinois
Domestic Violence Act of 1986.
"Named victim" means the person named as the victim in the
delinquency petition or criminal prosecution.
"Protective order" means a domestic violence order of

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protection, a civil no contact order, or a stalking no contact
order.
(b) For the purposes of domestic violence cases, the
following terms shall have the following meanings in this
Article:
(1) "Abuse" means physical abuse, harassment,
intimidation of a dependent, interference with personal
liberty or willful deprivation but does not include
reasonable direction of a minor child by a parent or
person in loco parentis.
(2) "Domestic violence" means abuse as described in
paragraph (1) of this subsection (b).
(3) "Family or household members" include spouses,
former spouses, parents, children, stepchildren, and other
persons related by blood or by present or prior marriage,
persons who share or formerly shared a common dwelling,
persons who have or allegedly have a child in common,
persons who share or allegedly share a blood relationship
through a child, persons who have or have had a dating or
engagement relationship, persons with disabilities and
their personal assistants, and caregivers as defined in
subsection (e) of Section 12-4.4a of the Criminal Code of
2012. For purposes of this paragraph (3), neither a casual
acquaintanceship nor ordinary fraternization between 2
individuals in business or social contexts shall be deemed
to constitute a dating relationship.

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(4) "Harassment" means knowing conduct which is not
necessary to accomplish a purpose which is reasonable
under the circumstances; would cause a reasonable person
emotional distress; and does cause emotional distress to
the petitioner. Unless the presumption is rebutted by a
preponderance of the evidence, the following types of
conduct shall be presumed to cause emotional distress:
(i) creating a disturbance at the petitioner's
place of employment or school;
(ii) repeatedly contacting the petitioner directly
or indirectly through any means including, but not
limited to, telephonic, electronic, or online
telephoning petitioner's place of employment, home or
residence;
(iii) repeatedly following the petitioner
including, but not limited to, directly or indirectly,
through third parties or by using electronic tracking
or monitoring, or acquiring information, to determine
the petitioner's location, movement, or travel
patterns without the petitioner's knowledge or consent
about in a public place or places;
(iv) repeatedly surveilling the petitioner or
tracking the petitioner's location directly or
indirectly including, but not limited to, by remaining
present at or outside the petitioner's home, school,
place of employment, vehicle, or other place occupied

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by the petitioner, by peering in the petitioner's
windows, by using electronic tracking or monitoring,
or by acquiring information to determine the
petitioner's location, movement, or travel patterns
without the petitioner's knowledge and consent keeping
petitioner under surveillance by remaining present
outside his or her home, school, place of employment,
vehicle or other place occupied by petitioner or by
peering in petitioner's windows;
(v) improperly concealing a minor child from
petitioner, repeatedly threatening to improperly
remove a minor child of petitioner's from the
jurisdiction or from the physical care of petitioner,
repeatedly threatening to conceal a minor child from
petitioner, or making a single such threat following
an actual or attempted improper removal or
concealment, unless respondent was fleeing from an
incident or pattern of domestic violence; or
(vi) threatening physical force, confinement or
restraint on one or more occasions; .
(vii) non-consensual dissemination or threatening
the dissemination of electronically generated or
digitally altered content using the image, voice, or
other characteristic of the petitioner to falsely and
deceptively impersonate the petitioner or the
petitioner's representative;

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(viii) non-consensual dissemination or threatening
the non-consensual dissemination of private sexual
images and digitally altered sexual images as defined
in the Civil Remedies for Nonconsensual Dissemination
of Private Sexual Images Act; or
(ix) engaging in doxing as defined in the Civil
Liability for Doxing Act.
(5) "Interference with personal liberty" means
committing or threatening physical abuse, harassment,
intimidation or willful deprivation so as to compel
another to engage in conduct from which she or he has a
right to abstain or to refrain from conduct in which she or
he has a right to engage.
(6) "Intimidation of a dependent" means subjecting a
person who is dependent because of age, health, or
disability to participation in or the witnessing of:
physical force against another or physical confinement or
restraint of another which constitutes physical abuse as
defined in this Article, regardless of whether the abused
person is a family or household member.
(7) "Order of protection" or "domestic violence order
of protection" means an ex parte or final order, granted
pursuant to this Article, which includes any or all of the
remedies authorized by Section 112A-14 of this Code.
(8) "Petitioner" may mean not only any named
petitioner for the domestic violence order of protection

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and any named victim of abuse on whose behalf the petition
is brought, but also any other person protected by this
Article.
(9) "Physical abuse" includes sexual abuse and means
any of the following:
(i) knowing or reckless use of physical force,
confinement or restraint;
(ii) knowing, repeated and unnecessary sleep
deprivation; or
(iii) knowing or reckless conduct which creates an
immediate risk of physical harm.
(9.3) "Respondent" in a petition for a domestic
violence order of protection means the defendant.
(9.5) "Stay away" means for the respondent to refrain
from both physical presence and nonphysical contact with
the petitioner whether direct, indirect (including, but
not limited to, telephone calls, mail, email, faxes, and
written notes), or through third parties who may or may
not know about the domestic violence order of protection.
(10) "Willful deprivation" means wilfully denying a
person who because of age, health or disability requires
medication, medical care, shelter, accessible shelter or
services, food, therapeutic device, or other physical
assistance, and thereby exposing that person to the risk
of physical, mental or emotional harm, except with regard
to medical care and treatment when such dependent person

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has expressed the intent to forgo such medical care or
treatment. This paragraph (10) does not create any new
affirmative duty to provide support to dependent persons.
(c) For the purposes of cases involving sexual offenses,
the following terms shall have the following meanings in this
Article:
(1) "Civil no contact order" means an ex parte or
final order granted under this Article, which includes a
remedy authorized by Section 112A-14.5 of this Code.
(2) "Family or household members" include spouses,
parents, children, stepchildren, and persons who share a
common dwelling.
(3) "Non-consensual" means a lack of freely given
agreement.
(4) "Petitioner" means not only any named petitioner
for the civil no contact order and any named victim of
non-consensual sexual conduct or non-consensual sexual
penetration on whose behalf the petition is brought, but
includes any other person sought to be protected under
this Article.
(5) "Respondent" in a petition for a civil no contact
order means the defendant.
(6) "Sexual conduct" means any intentional or knowing
touching or fondling by the petitioner or the respondent,
either directly or through clothing, of the sex organs,
anus, or breast of the petitioner or the respondent, or

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any part of the body of a child under 13 years of age, or
any transfer or transmission of semen by the respondent
upon any part of the clothed or unclothed body of the
petitioner, for the purpose of sexual gratification or
arousal of the petitioner or the respondent.
(7) "Sexual penetration" means any contact, however
slight, between the sex organ or anus of one person by an
object, the sex organ, mouth or anus of another person, or
any intrusion, however slight, of any part of the body of
one person or of any animal or object into the sex organ or
anus of another person, including, but not limited to,
cunnilingus, fellatio, or anal penetration. Evidence of
emission of semen is not required to prove sexual
penetration.
(8) "Stay away" means to refrain from both physical
presence and nonphysical contact with the petitioner
directly, indirectly, or through third parties who may or
may not know of the order. "Nonphysical contact" includes,
but is not limited to, telephone calls, mail, e-mail, fax,
and written notes.
(d) For the purposes of cases involving stalking offenses,
the following terms shall have the following meanings in this
Article:
(1) "Course of conduct" means 2 or more acts,
including, but not limited to, acts in which a respondent
directly, indirectly, or through third parties, by any

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action, method, device, or means follows, monitors,
observes, surveils, threatens, or communicates to or
about, a person, engages in other contact, or interferes
with or damages a person's property or pet. A course of
conduct may include contact via electronic communications.
The incarceration of a person in a penal institution who
commits the course of conduct is not a bar to prosecution.
(2) "Emotional distress" means significant mental
suffering, anxiety, or alarm.
(3) "Contact" includes any contact with the victim,
that is initiated or continued without the victim's
consent, or that is in disregard of the victim's expressed
desire that the contact be avoided or discontinued,
including, but not limited to, being in the physical
presence of the victim; appearing within the sight of the
victim; approaching or confronting the victim in a public
place or on private property; appearing at the workplace
or residence of the victim; entering onto or remaining on
property owned, leased, or occupied by the victim; or
placing an object on, or delivering an object to, property
owned, leased, or occupied by the victim.
(4) "Petitioner" means any named petitioner for the
stalking no contact order or any named victim of stalking
on whose behalf the petition is brought.
(5) "Reasonable person" means a person in the
petitioner's circumstances with the petitioner's knowledge

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of the respondent and the respondent's prior acts.
(6) "Respondent" in a petition for a civil no contact
order means the defendant.
(7) "Stalking" means engaging in a course of conduct
directed at a specific person, and he or she knows or
should know that this course of conduct would cause a
reasonable person to fear for his or her safety or the
safety of a third person or suffer emotional distress.
"Stalking" does not include an exercise of the right to
free speech or assembly that is otherwise lawful or
picketing occurring at the workplace that is otherwise
lawful and arises out of a bona fide labor dispute,
including any controversy concerning wages, salaries,
hours, working conditions or benefits, including health
and welfare, sick leave, insurance, and pension or
retirement provisions, the making or maintaining of
collective bargaining agreements, and the terms to be
included in those agreements.
(8) "Stalking no contact order" means an ex parte or
final order granted under this Article, which includes a
remedy authorized by Section 112A-14.7 of this Code.
(Source: P.A. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18.)
(725 ILCS 5/112A-5.5)
Sec. 112A-5.5. Time for filing petition; service on
respondent, hearing on petition, and default orders.

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(a) A petition for a protective order may be filed at any
time, in person or online, after a criminal charge or
delinquency petition is filed and before the charge or
delinquency petition is dismissed, the defendant or juvenile
is acquitted, or the defendant or juvenile completes service
of his or her sentence.
(b) The request for an ex parte protective order may be
considered without notice to the respondent under Section
112A-17.5 of this Code.
(c) A summons shall be issued and served for a protective
order. The summons may be served by delivery to the respondent
personally in open court in the criminal or juvenile
delinquency proceeding, in the form prescribed by subsection
(d) of Supreme Court Rule 101, except that it shall require the
respondent to answer or appear within 7 days. Attachments to
the summons shall include the petition for protective order,
supporting affidavits, if any, and any ex parte protective
order that has been issued.
(d) The summons shall be served by the sheriff or other law
enforcement officer at the earliest time available and shall
take precedence over any other summons, except those of a
similar emergency nature. Attachments to the summons shall
include the petition for protective order, supporting
affidavits, if any, and any ex parte protective order that has
been issued. Special process servers may be appointed at any
time and their designation shall not affect the

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responsibilities and authority of the sheriff or other
official process servers. In a county with a population over
3,000,000, a special process server may not be appointed if
the protective order grants the surrender of a child, the
surrender of a firearm or Firearm Owner's Identification Card,
or the exclusive possession of a shared residence.
(e) If the respondent is not served within 30 days of the
filing of the petition, the court shall schedule a court
proceeding on the issue of service. Either the petitioner, the
petitioner's counsel, or the State's Attorney shall appear and
the court shall either order continued attempts at personal
service or shall order service by publication, in accordance
with Sections 2-203, 2-206, and 2-207 of the Code of Civil
Procedure.
(f) The request for a final protective order can be
considered at any court proceeding in the delinquency or
criminal case after service of the petition. If the petitioner
has not been provided notice of the court proceeding at least
10 days in advance of the proceeding, the court shall schedule
a hearing on the petition and provide notice to the
petitioner.
(f-5) A court in a county with a population above 250,000
shall offer the option of a remote hearing to a petitioner for
a protective order. The court shall grant a request for a
remote hearing unless good cause is shown for denial has the
discretion to grant or deny the request for a remote hearing.

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Each court shall determine the procedure for a remote hearing.
The petitioner, applicable witnesses, and respondent may
appear remotely or in person.
The court shall issue and publish a court order, standing
order, or local rule detailing information about the process
for requesting and participating in a remote court appearance.
The court order, standing order, or local rule shall be
published on the court's website and posted on signs
throughout the courthouse, including in the clerk's office.
The sign shall be written in plain language and include
information about the availability of remote court appearances
and the process for requesting a remote hearing.
(g) Default orders.
(1) A final domestic violence order of protection may
be entered by default:
(A) for any of the remedies sought in the
petition, if the respondent has been served with
documents under subsection (b) or (c) of this Section
and if the respondent fails to appear on the specified
return date or any subsequent hearing date agreed to
by the petitioner and respondent or set by the court;
or
(B) for any of the remedies provided under
paragraph (1), (2), (3), (5), (6), (7), (8), (9),
(10), (11), (14), (15), (17), or (18) of subsection
(b) of Section 112A-14 of this Code, or if the

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respondent fails to answer or appear in accordance
with the date set in the publication notice or the
return date indicated on the service of a household
member.
(2) A final civil no contact order may be entered by
default for any of the remedies provided in Section
112A-14.5 of this Code, if the respondent has been served
with documents under subsection (b) or (c) of this
Section, and if the respondent fails to answer or appear
in accordance with the date set in the publication notice
or the return date indicated on the service of a household
member.
(3) A final stalking no contact order may be entered
by default for any of the remedies provided by Section
112A-14.7 of this Code, if the respondent has been served
with documents under subsection (b) or (c) of this Section
and if the respondent fails to answer or appear in
accordance with the date set in the publication notice or
the return date indicated on the service of a household
member.
(Source: P.A. 102-853, eff. 1-1-23; 103-154, eff. 6-30-23.)
(725 ILCS 5/112A-11.5)
Sec. 112A-11.5. Issuance of protective order.
(a) Except as provided in subsection (a-5) of this
Section, the court shall grant the petition and enter a

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protective order if the court finds prima facie evidence that
a crime involving domestic violence, a sexual offense, or a
crime involving stalking has been committed. The following
shall be considered prima facie evidence of the crime:
(1) an information, complaint, indictment, or
delinquency petition, charging a crime of domestic
violence, a sexual offense, or stalking or charging an
attempt to commit a crime of domestic violence, a sexual
offense, or stalking;
(2) an adjudication of delinquency, a finding of guilt
based upon a plea, or a finding of guilt after a trial for
a crime of domestic battery, a sexual crime, or stalking
or an attempt to commit a crime of domestic violence, a
sexual offense, or stalking;
(3) any dispositional order issued under Section 5-710
of the Juvenile Court Act of 1987, the imposition of
supervision, conditional discharge, probation, periodic
imprisonment, parole, aftercare release, or mandatory
supervised release for a crime of domestic violence, a
sexual offense, or stalking or an attempt to commit a
crime of domestic violence, a sexual offense, or stalking,
or imprisonment in conjunction with a bond forfeiture
warrant; or
(4) the entry of a protective order in a separate
civil case brought by the petitioner against the
respondent.

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(a-5) The respondent may rebut prima facie evidence of the
crime under paragraph (1) of subsection (a) of this Section by
presenting evidence of a meritorious defense. The respondent
shall file a written notice alleging a meritorious defense
which shall be verified and supported by affidavit. The
verified notice and affidavit shall set forth the evidence
that will be presented at a hearing. If the court finds that
the evidence presented at the hearing establishes a
meritorious defense by a preponderance of the evidence, the
court may decide not to issue a protective order.
(b) The petitioner shall not be denied a protective order
because the petitioner or the respondent is a minor or solely
upon the basis that the respondent or the petitioner is
incarcerated in a penal institution at the time of the
issuance of the order.
(c) The court, when determining whether or not to issue a
protective order, may not require physical injury on the
person of the victim.
(d) If the court issues a final protective order under
this Section, the court shall afford the petitioner and
respondent an opportunity to be heard on the remedies
requested in the petition.
(Source: P.A. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18.)
(725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14)
Sec. 112A-14. Domestic violence order of protection;

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remedies.
(a) (Blank).
(b) The court may order any of the remedies listed in this
subsection (b). The remedies listed in this subsection (b)
shall be in addition to other civil or criminal remedies
available to petitioner.
(1) Prohibition of abuse. Prohibit respondent's
harassment, interference with personal liberty,
intimidation of a dependent, physical abuse, or willful
deprivation, as defined in this Article, if such abuse has
occurred or otherwise appears likely to occur if not
prohibited.
(2) Grant of exclusive possession of residence.
Prohibit respondent from entering or remaining in any
residence, household, or premises of the petitioner,
including one owned or leased by respondent, if petitioner
has a right to occupancy thereof. The grant of exclusive
possession of the residence, household, or premises shall
not affect title to real property, nor shall the court be
limited by the standard set forth in subsection (c-2) of
Section 501 of the Illinois Marriage and Dissolution of
Marriage Act.
(A) Right to occupancy. A party has a right to
occupancy of a residence or household if it is solely
or jointly owned or leased by that party, that party's
spouse, a person with a legal duty to support that

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party or a minor child in that party's care, or by any
person or entity other than the opposing party that
authorizes that party's occupancy (e.g., a domestic
violence shelter). Standards set forth in subparagraph
(B) shall not preclude equitable relief.
(B) Presumption of hardships. If petitioner and
respondent each has the right to occupancy of a
residence or household, the court shall balance (i)
the hardships to respondent and any minor child or
dependent adult in respondent's care resulting from
entry of this remedy with (ii) the hardships to
petitioner and any minor child or dependent adult in
petitioner's care resulting from continued exposure to
the risk of abuse (should petitioner remain at the
residence or household) or from loss of possession of
the residence or household (should petitioner leave to
avoid the risk of abuse). When determining the balance
of hardships, the court shall also take into account
the accessibility of the residence or household.
Hardships need not be balanced if respondent does not
have a right to occupancy.
The balance of hardships is presumed to favor
possession by petitioner unless the presumption is
rebutted by a preponderance of the evidence, showing
that the hardships to respondent substantially
outweigh the hardships to petitioner and any minor

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child or dependent adult in petitioner's care. The
court, on the request of petitioner or on its own
motion, may order respondent to provide suitable,
accessible, alternate housing for petitioner instead
of excluding respondent from a mutual residence or
household.
(3) Stay away order and additional prohibitions. Order
respondent to stay away from petitioner or any other
person protected by the domestic violence order of
protection, or prohibit respondent from entering or
remaining present at petitioner's school, place of
employment, or other specified places at times when
petitioner is present, or both, if reasonable, given the
balance of hardships. Hardships need not be balanced for
the court to enter a stay away order or prohibit entry if
respondent has no right to enter the premises.
(A) If a domestic violence order of protection
grants petitioner exclusive possession of the
residence, prohibits respondent from entering the
residence, or orders respondent to stay away from
petitioner or other protected persons, then the court
may allow respondent access to the residence to remove
items of clothing and personal adornment used
exclusively by respondent, medications, and other
items as the court directs. The right to access shall
be exercised on only one occasion as the court directs

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and in the presence of an agreed-upon adult third
party or law enforcement officer.
(B) When the petitioner and the respondent attend
the same public, private, or non-public elementary,
middle, or high school, the court when issuing a
domestic violence order of protection and providing
relief shall consider the severity of the act, any
continuing physical danger or emotional distress to
the petitioner, the educational rights guaranteed to
the petitioner and respondent under federal and State
law, the availability of a transfer of the respondent
to another school, a change of placement or a change of
program of the respondent, the expense, difficulty,
and educational disruption that would be caused by a
transfer of the respondent to another school, and any
other relevant facts of the case. The court may order
that the respondent not attend the public, private, or
non-public elementary, middle, or high school attended
by the petitioner, order that the respondent accept a
change of placement or change of program, as
determined by the school district or private or
non-public school, or place restrictions on the
respondent's movements within the school attended by
the petitioner. The respondent bears the burden of
proving by a preponderance of the evidence that a
transfer, change of placement, or change of program of

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the respondent is not available. The respondent also
bears the burden of production with respect to the
expense, difficulty, and educational disruption that
would be caused by a transfer of the respondent to
another school. A transfer, change of placement, or
change of program is not unavailable to the respondent
solely on the ground that the respondent does not
agree with the school district's or private or
non-public school's transfer, change of placement, or
change of program or solely on the ground that the
respondent fails or refuses to consent or otherwise
does not take an action required to effectuate a
transfer, change of placement, or change of program.
When a court orders a respondent to stay away from the
public, private, or non-public school attended by the
petitioner and the respondent requests a transfer to
another attendance center within the respondent's
school district or private or non-public school, the
school district or private or non-public school shall
have sole discretion to determine the attendance
center to which the respondent is transferred. If the
court order results in a transfer of the minor
respondent to another attendance center, a change in
the respondent's placement, or a change of the
respondent's program, the parents, guardian, or legal
custodian of the respondent is responsible for

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transportation and other costs associated with the
transfer or change.
(C) The court may order the parents, guardian, or
legal custodian of a minor respondent to take certain
actions or to refrain from taking certain actions to
ensure that the respondent complies with the order. If
the court orders a transfer of the respondent to
another school, the parents, guardian, or legal
custodian of the respondent is responsible for
transportation and other costs associated with the
change of school by the respondent.
(4) Counseling. Require or recommend the respondent to
undergo counseling for a specified duration with a social
worker, psychologist, clinical psychologist,
psychiatrist, family service agency, alcohol or substance
abuse program, mental health center guidance counselor,
agency providing services to elders, program designed for
domestic violence abusers, or any other guidance service
the court deems appropriate. The court may order the
respondent in any intimate partner relationship to report
to an Illinois Department of Human Services protocol
approved partner abuse intervention program for an
assessment and to follow all recommended treatment.
(5) Physical care and possession of the minor child.
In order to protect the minor child from abuse, neglect,
or unwarranted separation from the person who has been the

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minor child's primary caretaker, or to otherwise protect
the well-being of the minor child, the court may do either
or both of the following: (i) grant petitioner physical
care or possession of the minor child, or both, or (ii)
order respondent to return a minor child to, or not remove
a minor child from, the physical care of a parent or person
in loco parentis.
If the respondent is charged with abuse (as defined in
Section 112A-3 of this Code) of a minor child, there shall
be a rebuttable presumption that awarding physical care to
respondent would not be in the minor child's best
interest.
(6) Temporary allocation of parental responsibilities
and significant decision-making responsibilities. Award
temporary significant decision-making responsibility to
petitioner in accordance with this Section, the Illinois
Marriage and Dissolution of Marriage Act, the Illinois
Parentage Act of 2015, and this State's Uniform
Child-Custody Jurisdiction and Enforcement Act.
If the respondent is charged with abuse (as defined in
Section 112A-3 of this Code) of a minor child, there shall
be a rebuttable presumption that awarding temporary
significant decision-making responsibility to respondent
would not be in the child's best interest.
(7) Parenting time. Determine the parenting time, if
any, of respondent in any case in which the court awards

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physical care or temporary significant decision-making
responsibility of a minor child to petitioner. The court
shall restrict or deny respondent's parenting time with a
minor child if the court finds that respondent has done or
is likely to do any of the following:
(i) abuse or endanger the minor child during
parenting time;
(ii) use the parenting time as an opportunity to
abuse or harass petitioner or petitioner's family or
household members;
(iii) improperly conceal or detain the minor
child; or
(iv) otherwise act in a manner that is not in the
best interests of the minor child.
The court shall not be limited by the standards set
forth in Section 603.10 of the Illinois Marriage and
Dissolution of Marriage Act. If the court grants parenting
time, the order shall specify dates and times for the
parenting time to take place or other specific parameters
or conditions that are appropriate. No order for parenting
time shall refer merely to the term "reasonable parenting
time". Petitioner may deny respondent access to the minor
child if, when respondent arrives for parenting time,
respondent is under the influence of drugs or alcohol and
constitutes a threat to the safety and well-being of
petitioner or petitioner's minor children or is behaving

10400HB4312ham001 - 25 - LRB104 17114 JRC 35736 a
in a violent or abusive manner. If necessary to protect
any member of petitioner's family or household from future
abuse, respondent shall be prohibited from coming to
petitioner's residence to meet the minor child for
parenting time, and the petitioner and respondent shall
submit to the court their recommendations for reasonable
alternative arrangements for parenting time. A person may
be approved to supervise parenting time only after filing
an affidavit accepting that responsibility and
acknowledging accountability to the court.
(8) Removal or concealment of minor child. Prohibit
respondent from removing a minor child from the State or
concealing the child within the State.
(9) Order to appear. Order the respondent to appear in
court, alone or with a minor child, to prevent abuse,
neglect, removal or concealment of the child, to return
the child to the custody or care of the petitioner, or to
permit any court-ordered interview or examination of the
child or the respondent.
(10) Possession of personal property. Grant petitioner
exclusive possession of personal property and, if
respondent has possession or control, direct respondent to
promptly make it available to petitioner, if:
(i) petitioner, but not respondent, owns the
property; or
(ii) the petitioner and respondent own the

10400HB4312ham001 - 26 - LRB104 17114 JRC 35736 a
property jointly; sharing it would risk abuse of
petitioner by respondent or is impracticable; and the
balance of hardships favors temporary possession by
petitioner.
If petitioner's sole claim to ownership of the
property is that it is marital property, the court may
award petitioner temporary possession thereof under the
standards of subparagraph (ii) of this paragraph only if a
proper proceeding has been filed under the Illinois
Marriage and Dissolution of Marriage Act, as now or
hereafter amended.
No order under this provision shall affect title to
property.
(11) Protection of property. Forbid the respondent
from taking, transferring, encumbering, concealing,
damaging, or otherwise disposing of any real or personal
property, except as explicitly authorized by the court,
if:
(i) petitioner, but not respondent, owns the
property; or
(ii) the petitioner and respondent own the
property jointly, and the balance of hardships favors
granting this remedy.
If petitioner's sole claim to ownership of the
property is that it is marital property, the court may
grant petitioner relief under subparagraph (ii) of this

10400HB4312ham001 - 27 - LRB104 17114 JRC 35736 a
paragraph only if a proper proceeding has been filed under
the Illinois Marriage and Dissolution of Marriage Act, as
now or hereafter amended.
The court may further prohibit respondent from
improperly using the financial or other resources of an
aged member of the family or household for the profit or
advantage of respondent or of any other person.
(11.5) Protection of animals. Grant the petitioner the
exclusive care, custody, or control of any animal owned,
possessed, leased, kept, or held by either the petitioner
or the respondent or a minor child residing in the
residence or household of either the petitioner or the
respondent and order the respondent to stay away from the
animal and forbid the respondent from taking,
transferring, encumbering, concealing, harming, or
otherwise disposing of the animal.
(12) Order for payment of support. Order respondent to
pay temporary support for the petitioner or any child in
the petitioner's care or over whom the petitioner has been
allocated parental responsibility, when the respondent has
a legal obligation to support that person, in accordance
with the Illinois Marriage and Dissolution of Marriage
Act, which shall govern, among other matters, the amount
of support, payment through the clerk and withholding of
income to secure payment. An order for child support may
be granted to a petitioner with lawful physical care of a

10400HB4312ham001 - 28 - LRB104 17114 JRC 35736 a
child, or an order or agreement for physical care of a
child, prior to entry of an order allocating significant
decision-making responsibility. Such a support order shall
expire upon entry of a valid order allocating parental
responsibility differently and vacating petitioner's
significant decision-making responsibility unless
otherwise provided in the order.
(13) Order for payment of losses. Order respondent to
pay petitioner for losses suffered as a direct result of
the abuse. Such losses shall include, but not be limited
to, medical expenses, lost earnings or other support,
repair or replacement of property damaged or taken,
reasonable attorney's fees, court costs, and moving or
other travel expenses, including additional reasonable
expenses for temporary shelter and restaurant meals.
(i) Losses affecting family needs. If a party is
entitled to seek maintenance, child support, or
property distribution from the other party under the
Illinois Marriage and Dissolution of Marriage Act, as
now or hereafter amended, the court may order
respondent to reimburse petitioner's actual losses, to
the extent that such reimbursement would be
"appropriate temporary relief", as authorized by
subsection (a)(3) of Section 501 of that Act.
(ii) Recovery of expenses. In the case of an
improper concealment or removal of a minor child, the

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court may order respondent to pay the reasonable
expenses incurred or to be incurred in the search for
and recovery of the minor child, including, but not
limited to, legal fees, court costs, private
investigator fees, and travel costs.
(14) Prohibition of entry. Prohibit the respondent
from entering or remaining in the residence or household
while the respondent is under the influence of alcohol or
drugs and constitutes a threat to the safety and
well-being of the petitioner or the petitioner's children.
(14.5) Prohibition of possession of firearms and
firearm parts; search and seizure of firearms and firearm
parts.
(A) Subject to the provisions of subparagraph
(B-2), if applicable, a person who is subject to an
existing domestic violence order of protection issued
under this Code may not lawfully possess firearms or
firearm parts that could be assembled to make an
operable firearm or a Firearm Owner's Identification
Card under Section 8.2 of the Firearm Owners
Identification Card Act.
(B) Any firearms in the possession of the
respondent, except as provided in subparagraph (C) of
this paragraph (14.5) and subject to the provisions of
subparagraph (B-2), if applicable, shall be ordered by
the court to be surrendered to law enforcement for

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safekeeping. Any firearms or firearm parts on the
respondent's person or at the place of service shall
be immediately surrendered to the serving officers at
the time of service of the order of protection, and any
other firearms or firearm parts shall be surrendered
to local law enforcement within 24 hours of service of
the order of protection. Any Firearm Owner's
Identification Card or Concealed Carry License in the
possession of the respondent, except as provided in
subparagraph (C), shall also be ordered by the court
to be turned over to serving officers at the time of
service of the order of protection or, if not on the
respondent's person or at the location where the
respondent is served at the time of service, to local
law enforcement within 24 hours of service of the
order. The law enforcement agency shall immediately
mail the card, as well as any license, to the Illinois
State Police Firearm Owner's Identification Card
Office for safekeeping.
(B-1) Upon request of the petitioner or the
State's Attorney on behalf of the petitioner, a law
enforcement officer may seek a search warrant based on
the allegations in the petition for the Order of
Protection.
(i) If requested by law enforcement, the court
shall issue a search warrant for the seizure of

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any firearms or firearm parts that could be
assembled to make an operable firearm belonging to
the respondent at or after entry of an order of
protection if the court, based upon sworn
testimony and governed by Sections 108-3 and
108-4, finds probable cause exists that:
(aa) the respondent poses an immediate and
present credible threat to the physical safety
of the petitioner protected by the order of
protection;
(bb) the respondent possesses firearms or
firearm parts that could be assembled to make
an operable firearm; and
(cc) the firearms or firearm parts that
could be assembled to make an operable firearm
are located at the residence, vehicle, or
other property of the respondent to be
searched.
(ii) The search warrant shall specify with
particularity the scope of the search, including
the property to be searched, and shall direct the
law enforcement agency to seize the respondent's
firearms and firearm parts that could be assembled
to make an operable firearm. Law enforcement shall
also be directed to seize into their possession
any Firearm Owner's Identification Card and any

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Concealed Carry License belonging to the
respondent.
(iii) The law enforcement agency to which the
court has directed the warrant shall execute the
warrant no later than 96 hours after issuance. The
law enforcement agency to which the court has
directed the warrant may coordinate with other law
enforcement agencies to execute the warrant. A
return of the warrant shall be filed by the law
enforcement agency within 24 hours of execution,
setting forth the time, date, and location where
the warrant was executed and what items, if any,
were seized. If the court is not in session, the
return information shall be returned on the next
date the court is in session. Subject to the
provisions of this Section, peace officers shall
have the same authority to execute a warrant
issued under this subsection as a warrant issued
under Article 108.
(iv) If the property to be searched is in
another county, the petitioner or the State's
Attorney may seek a search warrant in that county
with the law enforcement agency with primary
responsibility for responding to service calls at
the property to be searched. Regardless of whether
the petitioner is working with the State's

10400HB4312ham001 - 33 - LRB104 17114 JRC 35736 a
Attorney under subsection (d) of Section 112A-4.5,
the petitioner may request the State's Attorney's
assistance to request that the law enforcement
agency in the county where the property is located
seek a search warrant.
(v) Service of an order of protection shall,
to the extent possible, be concurrent with any
warrant issued under this paragraph.
(B-2) Ex parte relief may be granted under this
paragraph (14.5) only if the court finds that personal
injury to the petitioner is likely to occur if the
respondent received prior notice and if the petitioner
has otherwise satisfied the requirements of Section
112A-17.5 of this Article.
(C) If the respondent is a peace officer as
defined in Section 2-13 of the Criminal Code of 2012,
the court shall order that any firearms used by the
respondent in the performance of his or her duties as a
peace officer be surrendered to the chief law
enforcement executive of the agency in which the
respondent is employed, who shall retain the firearms
for safekeeping for the duration of the domestic
violence order of protection.
(D)(i) Any firearms or firearm parts that could be
assembled to make an operable firearm that have been
seized or surrendered shall be kept by the law

10400HB4312ham001 - 34 - LRB104 17114 JRC 35736 a
enforcement agency that took possession of the items
for safekeeping, except as provided in subparagraph
(C), (E), or (F). The period of safekeeping shall be
for the duration of the order of protection. Except as
provided in subparagraph (F), the respondent is
prohibited from transferring firearms or firearm parts
to another individual in lieu of surrender to law
enforcement. The law enforcement agency shall provide
an itemized statement of receipt to the respondent and
the court describing any seized or surrendered
firearms or firearm parts and informing the respondent
that the respondent may seek the return of the
respondent's items at the end of the order of
protection. The law enforcement agency may enter
arrangements, as needed, with federally licensed
firearm dealers or other law enforcement agencies for
the storage of any firearms seized or surrendered
under this subsection.
(ii) It is the respondent's responsibility to
request the return or reinstatement of any Firearm
Owner's Identification Card or Concealed Carry License
and to notify the Illinois State Police Firearm
Owner's Identification Card Office at the end of the
Order of Protection.
(iii) At the end of the order of protection, a
respondent may request the return of any seized or

10400HB4312ham001 - 35 - LRB104 17114 JRC 35736 a
surrendered firearms or firearm parts that could be
assembled to make an operable firearm. Seized or
surrendered firearms or firearm parts shall be
returned within 14 days of the request to the
respondent, if the respondent is lawfully eligible to
possess firearms, or to a designated third party who
is lawfully eligible to possess firearms. If the
firearms or firearm parts cannot be returned to
respondent because (1) the respondent has not
requested the return or transfer of the firearms or
firearm parts as set forth in this subparagraph and
(2) the respondent cannot be located or fails to
respond to more than 3 requests to retrieve the
firearms, upon petition from the appropriate law
enforcement agency and notice to the respondent at the
respondent's last known address, the court may order
the law enforcement agency to destroy the firearms or
firearm parts; use the firearms or firearm parts for
training purposes, or for any other application as
deemed appropriate by the law enforcement agency; or
turn over the firearms or firearm parts to a third
party who is lawfully eligible to possess firearms,
and who does not reside with respondent.
(E)(i) If a person other than the respondent
claims title to any firearms or firearm parts that
could be assembled to make an operable firearm seized

10400HB4312ham001 - 36 - LRB104 17114 JRC 35736 a
or surrendered under this subsection, the person may
petition the court to have the firearm and firearm
parts that could be assembled to make an operable
firearm returned to him or her with proper notice to
the petitioner and respondent. If, at a hearing on the
petition, the court determines the person to be the
lawful owner of the firearm and firearm parts that
could be assembled to make an operable firearm, the
firearm and firearm parts that could be assembled to
make an operable firearm shall be returned to the
person, provided that:
(aa) the firearm and firearm parts that could
be assembled to make an operable firearm are
removed from the respondent's custody, control, or
possession, and the lawful owner agrees to store
the firearm and firearm parts that could be
assembled to make an operable firearm in a manner
such that the respondent does not have access to
or control of the firearm and firearm parts that
could be assembled to make an operable firearm;
and
(bb) the firearm and firearm parts that could
be assembled to make an operable firearm are not
otherwise unlawfully possessed by the owner.
(ii) The person petitioning for the return of his
or her firearm and firearm parts that could be

10400HB4312ham001 - 37 - LRB104 17114 JRC 35736 a
assembled to make an operable firearm must swear or
affirm by affidavit that he or she:
(aa) is the lawful owner of the firearm and
firearm parts that could be assembled to make an
operable firearm;
(bb) shall not transfer the firearm and
firearm parts that could be assembled to make an
operable firearm to the respondent; and
(cc) will store the firearm and firearm parts
that could be assembled to make an operable
firearm in a manner that the respondent does not
have access to or control of the firearm and
firearm parts that could be assembled to make an
operable firearm.
(F)(i) The respondent may file a motion to
transfer, at the next scheduled hearing, any seized or
surrendered firearms or firearm parts to a third
party. Notice of the motion shall be provided to the
petitioner and the third party must appear at the
hearing.
(ii) The court may order transfer of the seized or
surrendered firearm or firearm parts only if:
(aa) the third party transferee affirms by
affidavit to the open court that:
(I) the third party transferee does not
reside with the respondent;

10400HB4312ham001 - 38 - LRB104 17114 JRC 35736 a
(II) the respondent does not have access
to the location in which the third party
transferee intends to keep the firearms or
firearm parts;
(III) the third party transferee will not
transfer the firearm or firearm parts to the
respondent or anyone who resides with the
respondent;
(IV) the third party transferee will
maintain control and possession of the firearm
or firearm parts until otherwise ordered by
the court; and
(V) the third party transferee will be
subject to criminal penalties for transferring
the firearms or firearm parts to the
respondent; and
(bb) the court finds that:
(I) the respondent holds a valid Firearm
Owner's Identification; and
(II) the transfer of firearms or firearm
parts to the third party transferee does not
place the petitioner or any other protected
parties at any additional threat or risk of
harm.
(15) Prohibition of access to records. If a domestic
violence order of protection prohibits respondent from

10400HB4312ham001 - 39 - LRB104 17114 JRC 35736 a
having contact with the minor child, or if petitioner's
address is omitted under subsection (b) of Section 112A-5
of this Code, or if necessary to prevent abuse or wrongful
removal or concealment of a minor child, the order shall
deny respondent access to, and prohibit respondent from
inspecting, obtaining, or attempting to inspect or obtain,
school or any other records of the minor child who is in
the care of petitioner.
(16) Order for payment of shelter services. Order
respondent to reimburse a shelter providing temporary
housing and counseling services to the petitioner for the
cost of the services, as certified by the shelter and
deemed reasonable by the court.
(17) Order for injunctive relief. Enter injunctive
relief necessary or appropriate to prevent further abuse
of a family or household member or to effectuate one of the
granted remedies, if supported by the balance of
hardships. If the harm to be prevented by the injunction
is abuse or any other harm that one of the remedies listed
in paragraphs (1) through (16) of this subsection is
designed to prevent, no further evidence is necessary to
establish that the harm is an irreparable injury.
(18) Telephone services.
(A) Unless a condition described in subparagraph
(B) of this paragraph exists, the court may, upon
request by the petitioner, order a wireless telephone

10400HB4312ham001 - 40 - LRB104 17114 JRC 35736 a
service provider to transfer to the petitioner the
right to continue to use a telephone number or numbers
indicated by the petitioner and the financial
responsibility associated with the number or numbers,
as set forth in subparagraph (C) of this paragraph. In
this paragraph (18), the term "wireless telephone
service provider" means a provider of commercial
mobile service as defined in 47 U.S.C. 332. The
petitioner may request the transfer of each telephone
number that the petitioner, or a minor child in his or
her custody, uses. The clerk of the court shall serve
the order on the wireless telephone service provider's
agent for service of process provided to the Illinois
Commerce Commission. The order shall contain all of
the following:
(i) The name and billing telephone number of
the account holder including the name of the
wireless telephone service provider that serves
the account.
(ii) Each telephone number that will be
transferred.
(iii) A statement that the provider transfers
to the petitioner all financial responsibility for
and right to the use of any telephone number
transferred under this paragraph.
(B) A wireless telephone service provider shall

10400HB4312ham001 - 41 - LRB104 17114 JRC 35736 a
terminate the respondent's use of, and shall transfer
to the petitioner use of, the telephone number or
numbers indicated in subparagraph (A) of this
paragraph unless it notifies the petitioner, within 72
hours after it receives the order, that one of the
following applies:
(i) The account holder named in the order has
terminated the account.
(ii) A difference in network technology would
prevent or impair the functionality of a device on
a network if the transfer occurs.
(iii) The transfer would cause a geographic or
other limitation on network or service provision
to the petitioner.
(iv) Another technological or operational
issue would prevent or impair the use of the
telephone number if the transfer occurs.
(C) The petitioner assumes all financial
responsibility for and right to the use of any
telephone number transferred under this paragraph. In
this paragraph, "financial responsibility" includes
monthly service costs and costs associated with any
mobile device associated with the number.
(D) A wireless telephone service provider may
apply to the petitioner its routine and customary
requirements for establishing an account or

10400HB4312ham001 - 42 - LRB104 17114 JRC 35736 a
transferring a number, including requiring the
petitioner to provide proof of identification,
financial information, and customer preferences.
(E) Except for willful or wanton misconduct, a
wireless telephone service provider is immune from
civil liability for its actions taken in compliance
with a court order issued under this paragraph.
(F) All wireless service providers that provide
services to residential customers shall provide to the
Illinois Commerce Commission the name and address of
an agent for service of orders entered under this
paragraph (18). Any change in status of the registered
agent must be reported to the Illinois Commerce
Commission within 30 days of such change.
(G) The Illinois Commerce Commission shall
maintain the list of registered agents for service for
each wireless telephone service provider on the
Commission's website. The Commission may consult with
wireless telephone service providers and the Circuit
Court Clerks on the manner in which this information
is provided and displayed.
(19) Cease use and dissemination.
(A) Order the respondent to stop use and
dissemination of materials or statements to prevent
further abuse.
(B) Order the respondent to stop use of any and all

10400HB4312ham001 - 43 - LRB104 17114 JRC 35736 a
electronic tracking or monitoring.
(C) Require the respondent to produce sufficient
evidence that compliance has occurred.
(20) Removal of harassing materials, tracking, or
monitoring. Order the respondent to remove or delete the
harassing statements or materials or delete the tracking
and monitoring information collected by the respondent and
produce sufficient evidence that compliance has occurred.
(c) Relevant factors; findings.
(1) In determining whether to grant a specific remedy,
other than payment of support, the court shall consider
relevant factors, including, but not limited to, the
following:
(i) the nature, frequency, severity, pattern, and
consequences of the respondent's past abuse of the
petitioner or any family or household member,
including the concealment of his or her location in
order to evade service of process or notice, and the
likelihood of danger of future abuse to petitioner or
any member of petitioner's or respondent's family or
household; and
(ii) the danger that any minor child will be
abused or neglected or improperly relocated from the
jurisdiction, improperly concealed within the State,
or improperly separated from the child's primary
caretaker.

10400HB4312ham001 - 44 - LRB104 17114 JRC 35736 a
(2) In comparing relative hardships resulting to the
parties from loss of possession of the family home, the
court shall consider relevant factors, including, but not
limited to, the following:
(i) availability, accessibility, cost, safety,
adequacy, location, and other characteristics of
alternate housing for each party and any minor child
or dependent adult in the party's care;
(ii) the effect on the party's employment; and
(iii) the effect on the relationship of the party,
and any minor child or dependent adult in the party's
care, to family, school, church, and community.
(3) Subject to the exceptions set forth in paragraph
(4) of this subsection (c), the court shall make its
findings in an official record or in writing, and shall at
a minimum set forth the following:
(i) That the court has considered the applicable
relevant factors described in paragraphs (1) and (2)
of this subsection (c).
(ii) Whether the conduct or actions of respondent,
unless prohibited, will likely cause irreparable harm
or continued abuse.
(iii) Whether it is necessary to grant the
requested relief in order to protect petitioner or
other alleged abused persons.
(4) (Blank).

10400HB4312ham001 - 45 - LRB104 17114 JRC 35736 a
(5) Never married parties. No rights or
responsibilities for a minor child born outside of
marriage attach to a putative father until a father and
child relationship has been established under the Illinois
Parentage Act of 1984, the Illinois Parentage Act of 2015,
the Illinois Public Aid Code, Section 12 of the Vital
Records Act, the Juvenile Court Act of 1987, the Probate
Act of 1975, the Uniform Interstate Family Support Act,
the Expedited Child Support Act of 1990, any judicial,
administrative, or other act of another state or
territory, any other statute of this State, or by any
foreign nation establishing the father and child
relationship, any other proceeding substantially in
conformity with the federal Personal Responsibility and
Work Opportunity Reconciliation Act of 1996, or when both
parties appeared in open court or at an administrative
hearing acknowledging under oath or admitting by
affirmation the existence of a father and child
relationship. Absent such an adjudication, no putative
father shall be granted temporary allocation of parental
responsibilities, including parenting time with the minor
child, or physical care and possession of the minor child,
nor shall an order of payment for support of the minor
child be entered.
(d) Balance of hardships; findings. If the court finds
that the balance of hardships does not support the granting of

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a remedy governed by paragraph (2), (3), (10), (11), or (16) of
subsection (b) of this Section, which may require such
balancing, the court's findings shall so indicate and shall
include a finding as to whether granting the remedy will
result in hardship to respondent that would substantially
outweigh the hardship to petitioner from denial of the remedy.
The findings shall be an official record or in writing.
(e) Denial of remedies. Denial of any remedy shall not be
based, in whole or in part, on evidence that:
(1) respondent has cause for any use of force, unless
that cause satisfies the standards for justifiable use of
force provided by Article 7 of the Criminal Code of 2012;
(2) respondent was voluntarily intoxicated;
(3) petitioner acted in self-defense or defense of
another, provided that, if petitioner utilized force, such
force was justifiable under Article 7 of the Criminal Code
of 2012;
(4) petitioner did not act in self-defense or defense
of another;
(5) petitioner left the residence or household to
avoid further abuse by respondent;
(6) petitioner did not leave the residence or
household to avoid further abuse by respondent; or
(7) conduct by any family or household member excused
the abuse by respondent, unless that same conduct would
have excused such abuse if the parties had not been family

10400HB4312ham001 - 47 - LRB104 17114 JRC 35736 a
or household members.
(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
102-813, eff. 5-13-22; 103-1065, eff. 5-11-25.)
Section 10. The Illinois Domestic Violence Act of 1986 is
amended by changing Sections 103, 201, 212, 214, and 220 as
follows:
(750 ILCS 60/103) (from Ch. 40, par. 2311-3)
Sec. 103. Definitions. For the purposes of this Act, the
following terms shall have the following meanings:
(1) "Abuse" means physical abuse, harassment, intimidation
of a dependent, interference with personal liberty or willful
deprivation but does not include reasonable direction of a
minor child by a parent or person in loco parentis.
(2) "Adult with disabilities" means an elder adult with
disabilities or a high-risk adult with disabilities. A person
may be an adult with disabilities for purposes of this Act even
though he or she has never been adjudicated an incompetent
adult. However, no court proceeding may be initiated or
continued on behalf of an adult with disabilities over that
adult's objection, unless such proceeding is approved by his
or her legal guardian, if any.
(3) "Domestic violence" means abuse as defined in
paragraph (1).
(4) "Elder adult with disabilities" means an adult

10400HB4312ham001 - 48 - LRB104 17114 JRC 35736 a
prevented by advanced age from taking appropriate action to
protect himself or herself from abuse by a family or household
member.
(5) "Exploitation" means the illegal, including tortious,
use of a high-risk adult with disabilities or of the assets or
resources of a high-risk adult with disabilities. Exploitation
includes, but is not limited to, the misappropriation of
assets or resources of a high-risk adult with disabilities by
undue influence, by breach of a fiduciary relationship, by
fraud, deception, or extortion, or the use of such assets or
resources in a manner contrary to law.
(6) "Family or household members" include spouses, former
spouses, parents, children, stepchildren and other persons
related by blood or by present or prior marriage, persons who
share or formerly shared a common dwelling, persons who have
or allegedly have a child in common, persons who share or
allegedly share a blood relationship through a child, persons
who have or have had a dating or engagement relationship,
persons with disabilities and their personal assistants, and
caregivers as defined in Section 12-4.4a of the Criminal Code
of 2012. For purposes of this paragraph, neither a casual
acquaintanceship nor ordinary fraternization between 2
individuals in business or social contexts shall be deemed to
constitute a dating relationship. In the case of a high-risk
adult with disabilities, "family or household members"
includes any person who has the responsibility for a high-risk

10400HB4312ham001 - 49 - LRB104 17114 JRC 35736 a
adult as a result of a family relationship or who has assumed
responsibility for all or a portion of the care of a high-risk
adult with disabilities voluntarily, or by express or implied
contract, or by court order.
(7) "Harassment" means knowing conduct which is not
necessary to accomplish a purpose that is reasonable under the
circumstances; would cause a reasonable person emotional
distress; and does cause emotional distress to the petitioner.
Unless the presumption is rebutted by a preponderance of the
evidence, the following types of conduct shall be presumed to
cause emotional distress:
(i) creating a disturbance at the petitioner's place
of employment or school;
(ii) repeatedly contacting the petitioner directly or
indirectly through any means including, but not limited
to, telephonic, electronic, or online telephoning
petitioner's place of employment, home or residence;
(iii) repeatedly following the petitioner including,
but not limited to, directly or indirectly, through third
parties, or by using electronic tracking or monitoring, or
acquiring information, to determine the petitioner's
location, movement, or travel patterns without the
petitioner's knowledge or consent about in a public place
or places;
(iv) repeatedly surveilling the petitioner or tracking
the petitioner's location directly or indirectly

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including, but not limited to, by remaining present at or
outside the petitioner's home, school, place of
employment, vehicle, or other place occupied by the
petitioner, by peering in the petitioner's windows, by
using electronic tracking or monitoring, or by acquiring
information to determine the petitioner's location,
movement, or travel patterns without the petitioner's
knowledge and consent keeping petitioner under
surveillance by remaining present outside his or her home,
school, place of employment, vehicle or other place
occupied by petitioner or by peering in petitioner's
windows;
(v) improperly concealing a minor child from
petitioner, repeatedly threatening to improperly remove a
minor child of petitioner's from the jurisdiction or from
the physical care of petitioner, repeatedly threatening to
conceal a minor child from petitioner, or making a single
such threat following an actual or attempted improper
removal or concealment, unless respondent was fleeing an
incident or pattern of domestic violence; or
(vi) threatening physical force, confinement or
restraint on one or more occasions; .
(vii) non-consensual dissemination or threatening the
dissemination of electronically generated or digitally
altered content using the image, voice, or other
characteristic of the petitioner to falsely and

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deceptively impersonate the petitioner or the petitioner's
representative;
(viii) non-consensual dissemination or threatening the
non-consensual dissemination of private sexual images and
digitally altered sexual images as defined in the Civil
Remedies for Nonconsensual Dissemination of Private Sexual
Images Act; or
(ix) engaging in doxing as defined in the Civil
Liability for Doxing Act.
(8) "High-risk adult with disabilities" means a person
aged 18 or over whose physical or mental disability impairs
his or her ability to seek or obtain protection from abuse,
neglect, or exploitation.
(9) "Interference with personal liberty" means committing
or threatening physical abuse, harassment, intimidation or
willful deprivation so as to compel another to engage in
conduct from which she or he has a right to abstain or to
refrain from conduct in which she or he has a right to engage.
(10) "Intimidation of a dependent" means subjecting a
person who is dependent because of age, health or disability
to participation in or the witnessing of: physical force
against another or physical confinement or restraint of
another which constitutes physical abuse as defined in this
Act, regardless of whether the abused person is a family or
household member.
(11) (A) "Neglect" means the failure to exercise that

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degree of care toward a high-risk adult with disabilities
which a reasonable person would exercise under the
circumstances and includes but is not limited to:
(i) the failure to take reasonable steps to protect a
high-risk adult with disabilities from acts of abuse;
(ii) the repeated, careless imposition of unreasonable
confinement;
(iii) the failure to provide food, shelter, clothing,
and personal hygiene to a high-risk adult with
disabilities who requires such assistance;
(iv) the failure to provide medical and rehabilitative
care for the physical and mental health needs of a
high-risk adult with disabilities; or
(v) the failure to protect a high-risk adult with
disabilities from health and safety hazards.
(B) Nothing in this subsection (10) shall be construed to
impose a requirement that assistance be provided to a
high-risk adult with disabilities over his or her objection in
the absence of a court order, nor to create any new affirmative
duty to provide support to a high-risk adult with
disabilities.
(12) "Order of protection" means an emergency order,
interim order or plenary order, granted pursuant to this Act,
which includes any or all of the remedies authorized by
Section 214 of this Act.
(13) "Petitioner" may mean not only any named petitioner

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for the order of protection and any named victim of abuse on
whose behalf the petition is brought, but also any other
person protected by this Act.
(14) "Physical abuse" includes sexual abuse and means any
of the following:
(i) knowing or reckless use of physical force,
confinement or restraint;
(ii) knowing, repeated and unnecessary sleep
deprivation; or
(iii) knowing or reckless conduct which creates an
immediate risk of physical harm.
(14.5) "Stay away" means for the respondent to refrain
from both physical presence and nonphysical contact with the
petitioner whether direct, indirect (including, but not
limited to, telephone calls, mail, email, faxes, and written
notes), or through third parties who may or may not know about
the order of protection.
(15) "Willful deprivation" means wilfully denying a person
who because of age, health or disability requires medication,
medical care, shelter, accessible shelter or services, food,
therapeutic device, or other physical assistance, and thereby
exposing that person to the risk of physical, mental or
emotional harm, except with regard to medical care or
treatment when the dependent person has expressed an intent to
forgo such medical care or treatment. This paragraph does not
create any new affirmative duty to provide support to

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dependent persons.
(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
(750 ILCS 60/201) (from Ch. 40, par. 2312-1)
Sec. 201. Persons protected by this Act.
(a) The following persons are protected by this Act:
(i) any person abused by a family or household member;
(ii) any high-risk adult with disabilities who is
abused, neglected, or exploited by a family or household
member;
(iii) any minor child or dependent adult in the care
of such person;
(iv) any person residing or employed at a private home
or public shelter which is housing an abused family or
household member; and
(v) any of the following persons if the person is
abused by a family or household member of a child:
(A) a foster parent of that child if the child has
been placed in the foster parent's home by the
Department of Children and Family Services or by
another state's public child welfare agency;
(B) a legally appointed guardian or legally
appointed custodian of that child;
(C) an adoptive parent of that child; or
(D) a prospective adoptive parent of that child if
the child has been placed in the prospective adoptive

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parent's home pursuant to the Adoption Act or pursuant
to another state's law.
For purposes of this paragraph (a)(v), individuals who
would have been considered "family or household members"
of the child under subsection (6) of Section 103 of this
Act before a termination of the parental rights with
respect to the child continue to meet the definition of
"family or household members" of the child.
(b) A petition for an order of protection may be filed
only:
(i) by a person who has been abused by a family or
household member or by any person on behalf of a minor
child or an adult who has been abused by a family or
household member and who, because of age, health,
disability, or inaccessibility, cannot file the petition;
(ii) by any person on behalf of a high-risk adult with
disabilities who has been abused, neglected, or exploited
by a family or household member;
(iii) by any of the following persons if the person is
abused by a family or household member of a child:
(A) a foster parent of that child if the child has
been placed in the foster parent's home by the
Department of Children and Family Services or by
another state's public child welfare agency;
(B) a legally appointed guardian or legally
appointed custodian of that child;

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(C) an adoptive parent of that child;
(D) a prospective adoptive parent of that child if
the child has been placed in the prospective adoptive
parent's home pursuant to the Adoption Act or pursuant
to another state's law.
For purposes of this paragraph (b)(iii), individuals
who would have been considered "family or household
members" of the child under subsection (6) of Section 103
of this Act before a termination of the parental rights
with respect to the child continue to meet the definition
of "family or household members" of the child;
(iv) by a crime victim who was abused by a family or
household member an offender prior to the incarceration of
the offender in a penal institution and such offender is
incarcerated in a penal institution at the time of the
filing of the petition; or
(v) by any person who has previously suffered abuse by
a family or household member person convicted of (1)
domestic battery, aggravated domestic battery, aggravated
battery, or any other offense that would constitute
domestic violence or (2) a violent crime, as defined in
Section 3 of the Rights of Crime Victims and Witnesses
Act, committed against another person.
A petition for an order of protection may not be denied
solely upon the basis that the respondent or petitioner is
incarcerated in a penal institution at the time of the filing

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of the petition.
(c) Any petition properly filed under this Act may seek
protection for any additional persons protected by this Act.
(Source: P.A. 104-11, eff. 6-20-25.)
(750 ILCS 60/212) (from Ch. 40, par. 2312-12)
Sec. 212. Hearings.
(a) A petition for an order of protection shall be treated
as an expedited proceeding, and no court shall transfer or
otherwise decline to decide all or part of such petition
except as otherwise provided herein. Nothing in this Section
shall prevent the court from reserving issues when
jurisdiction or notice requirements are not met.
(b) Any court or a division thereof which ordinarily does
not decide matters of child custody and family support may
decline to decide contested issues of physical care, custody,
visitation, or family support unless a decision on one or more
of those contested issues is necessary to avoid the risk of
abuse, neglect, removal from the State or concealment within
the State of the child or of separation of the child from the
primary caretaker. If the court or division thereof has
declined to decide any or all of these issues, then it shall
transfer all undecided issues to the appropriate court or
division. In the event of such a transfer, a government
attorney involved in the criminal prosecution may, but need
not, continue to offer counsel to the petitioner on

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transferred matters.
(c) If the court transfers or otherwise declines to decide
any issue, judgment on that issue shall be expressly reserved
and ruling on other issues shall not be delayed or declined.
(d) A court in a county with a population above 250,000
shall offer the option of a remote hearing to a petitioner for
an order of protection. The court shall grant a request for a
remote hearing unless good cause is shown for denial has the
discretion to grant or deny the request for a remote hearing.
Each court shall determine the procedure for a remote hearing.
The petitioner, applicable witnesses, and respondent may
appear remotely or in person.
The court shall issue and publish a court order, standing
order, or local rule detailing information about the process
for requesting and participating in a remote court appearance.
The court order, standing order, or local rule shall be
published on the court's website and posted on signs
throughout the courthouse, including in the clerk's office.
The sign shall be written in plain language and include
information about the availability of remote court appearances
and the process for requesting a remote hearing.
(Source: P.A. 102-853, eff. 1-1-23; 103-154, eff. 6-30-23.)
(750 ILCS 60/214) (from Ch. 40, par. 2312-14)
Sec. 214. Order of protection; remedies.
(a) Issuance of order. If the court finds that petitioner

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has been abused by a family or household member or that
petitioner is a high-risk adult who has been abused,
neglected, or exploited, as defined in this Act, an order of
protection prohibiting the abuse, neglect, or exploitation
shall issue; provided that petitioner must also satisfy the
requirements of one of the following Sections, as appropriate:
Section 217 on emergency orders, Section 218 on interim
orders, or Section 219 on plenary orders. Petitioner shall not
be denied an order of protection because petitioner or
respondent is a minor. The court, when determining whether or
not to issue an order of protection, shall not require
physical manifestations of abuse on the person of the victim.
Modification and extension of prior orders of protection shall
be in accordance with this Act.
(b) Remedies and standards. The remedies to be included in
an order of protection shall be determined in accordance with
this Section and one of the following Sections, as
appropriate: Section 217 on emergency orders, Section 218 on
interim orders, and Section 219 on plenary orders. The
remedies listed in this subsection shall be in addition to
other civil or criminal remedies available to petitioner.
(1) Prohibition of abuse, neglect, or exploitation.
Prohibit respondent's harassment, interference with
personal liberty, intimidation of a dependent, physical
abuse, or willful deprivation, neglect or exploitation, as
defined in this Act, or stalking of the petitioner, as

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defined in Section 12-7.3 of the Criminal Code of 2012, if
such abuse, neglect, exploitation, or stalking has
occurred or otherwise appears likely to occur if not
prohibited.
(2) Grant of exclusive possession of residence.
Prohibit respondent from entering or remaining in any
residence, household, or premises of the petitioner,
including one owned or leased by respondent, if petitioner
has a right to occupancy thereof. The grant of exclusive
possession of the residence, household, or premises shall
not affect title to real property, nor shall the court be
limited by the standard set forth in subsection (c-2) of
Section 501 of the Illinois Marriage and Dissolution of
Marriage Act.
(A) Right to occupancy. A party has a right to
occupancy of a residence or household if it is solely
or jointly owned or leased by that party, that party's
spouse, a person with a legal duty to support that
party or a minor child in that party's care, or by any
person or entity other than the opposing party that
authorizes that party's occupancy (e.g., a domestic
violence shelter). Standards set forth in subparagraph
(B) shall not preclude equitable relief.
(B) Presumption of hardships. If petitioner and
respondent each has the right to occupancy of a
residence or household, the court shall balance (i)

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the hardships to respondent and any minor child or
dependent adult in respondent's care resulting from
entry of this remedy with (ii) the hardships to
petitioner and any minor child or dependent adult in
petitioner's care resulting from continued exposure to
the risk of abuse (should petitioner remain at the
residence or household) or from loss of possession of
the residence or household (should petitioner leave to
avoid the risk of abuse). When determining the balance
of hardships, the court shall also take into account
the accessibility of the residence or household.
Hardships need not be balanced if respondent does not
have a right to occupancy.
The balance of hardships is presumed to favor
possession by petitioner unless the presumption is
rebutted by a preponderance of the evidence, showing
that the hardships to respondent substantially
outweigh the hardships to petitioner and any minor
child or dependent adult in petitioner's care. The
court, on the request of petitioner or on its own
motion, may order respondent to provide suitable,
accessible, alternate housing for petitioner instead
of excluding respondent from a mutual residence or
household.
(3) Stay away order and additional prohibitions. Order
respondent to stay away from petitioner or any other

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person protected by the order of protection, or prohibit
respondent from entering or remaining present at
petitioner's school, place of employment, or other
specified places at times when petitioner is present, or
both, if reasonable, given the balance of hardships.
Hardships need not be balanced for the court to enter a
stay away order or prohibit entry if respondent has no
right to enter the premises.
(A) If an order of protection grants petitioner
exclusive possession of the residence, or prohibits
respondent from entering the residence, or orders
respondent to stay away from petitioner or other
protected persons, then the court may allow respondent
access to the residence to remove items of clothing
and personal adornment used exclusively by respondent,
medications, and other items as the court directs. The
right to access shall be exercised on only one
occasion as the court directs and in the presence of an
agreed-upon adult third party or law enforcement
officer.
(B) When the petitioner and the respondent attend
the same public, private, or non-public elementary,
middle, or high school, the court when issuing an
order of protection and providing relief shall
consider the severity of the act, any continuing
physical danger or emotional distress to the

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petitioner, the educational rights guaranteed to the
petitioner and respondent under federal and State law,
the availability of a transfer of the respondent to
another school, a change of placement or a change of
program of the respondent, the expense, difficulty,
and educational disruption that would be caused by a
transfer of the respondent to another school, and any
other relevant facts of the case. The court may order
that the respondent not attend the public, private, or
non-public elementary, middle, or high school attended
by the petitioner, order that the respondent accept a
change of placement or change of program, as
determined by the school district or private or
non-public school, or place restrictions on the
respondent's movements within the school attended by
the petitioner. The respondent bears the burden of
proving by a preponderance of the evidence that a
transfer, change of placement, or change of program of
the respondent is not available. The respondent also
bears the burden of production with respect to the
expense, difficulty, and educational disruption that
would be caused by a transfer of the respondent to
another school. A transfer, change of placement, or
change of program is not unavailable to the respondent
solely on the ground that the respondent does not
agree with the school district's or private or

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non-public school's transfer, change of placement, or
change of program or solely on the ground that the
respondent fails or refuses to consent or otherwise
does not take an action required to effectuate a
transfer, change of placement, or change of program.
When a court orders a respondent to stay away from the
public, private, or non-public school attended by the
petitioner and the respondent requests a transfer to
another attendance center within the respondent's
school district or private or non-public school, the
school district or private or non-public school shall
have sole discretion to determine the attendance
center to which the respondent is transferred. In the
event the court order results in a transfer of the
minor respondent to another attendance center, a
change in the respondent's placement, or a change of
the respondent's program, the parents, guardian, or
legal custodian of the respondent is responsible for
transportation and other costs associated with the
transfer or change.
(C) The court may order the parents, guardian, or
legal custodian of a minor respondent to take certain
actions or to refrain from taking certain actions to
ensure that the respondent complies with the order. In
the event the court orders a transfer of the
respondent to another school, the parents, guardian,

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or legal custodian of the respondent is responsible
for transportation and other costs associated with the
change of school by the respondent.
(4) Counseling. Require or recommend the respondent to
undergo counseling for a specified duration with a social
worker, psychologist, clinical psychologist,
psychiatrist, family service agency, alcohol or substance
abuse program, mental health center guidance counselor,
agency providing services to elders, program designed for
domestic violence abusers or any other guidance service
the court deems appropriate. The Court may order the
respondent in any intimate partner relationship to report
to an Illinois Department of Human Services protocol
approved partner abuse intervention program for an
assessment and to follow all recommended treatment.
(5) Physical care and possession of the minor child.
In order to protect the minor child from abuse, neglect,
or unwarranted separation from the person who has been the
minor child's primary caretaker, or to otherwise protect
the well-being of the minor child, the court may do either
or both of the following: (i) grant petitioner physical
care or possession of the minor child, or both, or (ii)
order respondent to return a minor child to, or not remove
a minor child from, the physical care of a parent or person
in loco parentis.
If a court finds, after a hearing, that respondent has

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committed abuse (as defined in Section 103) of a minor
child, there shall be a rebuttable presumption that
awarding physical care to respondent would not be in the
minor child's best interest.
(6) Temporary allocation of parental responsibilities:
significant decision-making. Award temporary
decision-making responsibility to petitioner in accordance
with this Section, the Illinois Marriage and Dissolution
of Marriage Act, the Illinois Parentage Act of 2015, and
this State's Uniform Child-Custody Jurisdiction and
Enforcement Act.
If a court finds, after a hearing, that respondent has
committed abuse (as defined in Section 103) of a minor
child, there shall be a rebuttable presumption that
awarding temporary significant decision-making
responsibility to respondent would not be in the child's
best interest.
(7) Parenting time. Determine the parenting time, if
any, of respondent in any case in which the court awards
physical care or allocates temporary significant
decision-making responsibility of a minor child to
petitioner. The court shall restrict or deny respondent's
parenting time with a minor child if the court finds that
respondent has done or is likely to do any of the
following: (i) abuse or endanger the minor child during
parenting time; (ii) use the parenting time as an

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opportunity to abuse or harass petitioner or petitioner's
family or household members; (iii) improperly conceal or
detain the minor child; or (iv) otherwise act in a manner
that is not in the best interests of the minor child. The
court shall not be limited by the standards set forth in
Section 603.10 of the Illinois Marriage and Dissolution of
Marriage Act. If the court grants parenting time, the
order shall specify dates and times for the parenting time
to take place or other specific parameters or conditions
that are appropriate. No order for parenting time shall
refer merely to the term "reasonable parenting time".
Petitioner may deny respondent access to the minor
child if, when respondent arrives for parenting time,
respondent is under the influence of drugs or alcohol and
constitutes a threat to the safety and well-being of
petitioner or petitioner's minor children or is behaving
in a violent or abusive manner.
If necessary to protect any member of petitioner's
family or household from future abuse, respondent shall be
prohibited from coming to petitioner's residence to meet
the minor child for parenting time, and the parties shall
submit to the court their recommendations for reasonable
alternative arrangements for parenting time. A person may
be approved to supervise parenting time only after filing
an affidavit accepting that responsibility and
acknowledging accountability to the court.

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(8) Removal or concealment of minor child. Prohibit
respondent from removing a minor child from the State or
concealing the child within the State.
(9) Order to appear. Order the respondent to appear in
court, alone or with a minor child, to prevent abuse,
neglect, removal or concealment of the child, to return
the child to the custody or care of the petitioner or to
permit any court-ordered interview or examination of the
child or the respondent.
(10) Possession of personal property. Grant petitioner
exclusive possession of personal property and, if
respondent has possession or control, direct respondent to
promptly make it available to petitioner, if:
(i) petitioner, but not respondent, owns the
property; or
(ii) the parties own the property jointly; sharing
it would risk abuse of petitioner by respondent or is
impracticable; and the balance of hardships favors
temporary possession by petitioner.
If petitioner's sole claim to ownership of the
property is that it is marital property, the court may
award petitioner temporary possession thereof under the
standards of subparagraph (ii) of this paragraph only if a
proper proceeding has been filed under the Illinois
Marriage and Dissolution of Marriage Act, as now or
hereafter amended.

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No order under this provision shall affect title to
property.
(11) Protection of property. Forbid the respondent
from taking, transferring, encumbering, concealing,
damaging or otherwise disposing of any real or personal
property, except as explicitly authorized by the court,
if:
(i) petitioner, but not respondent, owns the
property; or
(ii) the parties own the property jointly, and the
balance of hardships favors granting this remedy.
If petitioner's sole claim to ownership of the
property is that it is marital property, the court may
grant petitioner relief under subparagraph (ii) of this
paragraph only if a proper proceeding has been filed under
the Illinois Marriage and Dissolution of Marriage Act, as
now or hereafter amended.
The court may further prohibit respondent from
improperly using the financial or other resources of an
aged member of the family or household for the profit or
advantage of respondent or of any other person.
(11.5) Protection of animals. Grant the petitioner the
exclusive care, custody, or control of any animal owned,
possessed, leased, kept, or held by either the petitioner
or the respondent or a minor child residing in the
residence or household of either the petitioner or the

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respondent and order the respondent to stay away from the
animal and forbid the respondent from taking,
transferring, encumbering, concealing, harming, or
otherwise disposing of the animal.
(12) Order for payment of support. Order respondent to
pay temporary support for the petitioner or any child in
the petitioner's care or over whom the petitioner has been
allocated parental responsibility, when the respondent has
a legal obligation to support that person, in accordance
with the Illinois Marriage and Dissolution of Marriage
Act, which shall govern, among other matters, the amount
of support, payment through the clerk and withholding of
income to secure payment. An order for child support may
be granted to a petitioner with lawful physical care of a
child, or an order or agreement for physical care of a
child, prior to entry of an order allocating significant
decision-making responsibility. Such a support order shall
expire upon entry of a valid order allocating parental
responsibility differently and vacating the petitioner's
significant decision-making authority, unless otherwise
provided in the order.
(13) Order for payment of losses. Order respondent to
pay petitioner for losses suffered as a direct result of
the abuse, neglect, or exploitation. Such losses shall
include, but not be limited to, medical expenses, lost
earnings or other support, repair or replacement of

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property damaged or taken, reasonable attorney's fees,
court costs and moving or other travel expenses, including
additional reasonable expenses for temporary shelter and
restaurant meals.
(i) Losses affecting family needs. If a party is
entitled to seek maintenance, child support or
property distribution from the other party under the
Illinois Marriage and Dissolution of Marriage Act, as
now or hereafter amended, the court may order
respondent to reimburse petitioner's actual losses, to
the extent that such reimbursement would be
"appropriate temporary relief", as authorized by
subsection (a)(3) of Section 501 of that Act.
(ii) Recovery of expenses. In the case of an
improper concealment or removal of a minor child, the
court may order respondent to pay the reasonable
expenses incurred or to be incurred in the search for
and recovery of the minor child, including but not
limited to legal fees, court costs, private
investigator fees, and travel costs.
(14) Prohibition of entry. Prohibit the respondent
from entering or remaining in the residence or household
while the respondent is under the influence of alcohol or
drugs and constitutes a threat to the safety and
well-being of the petitioner or the petitioner's children.
(14.5) Prohibition of possession of firearms and

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firearm parts; search and seizure of firearms and firearms
parts.
(A)(i) Prohibit a respondent against whom an
emergency, interim, or plenary order of protection was
issued from possessing, during the duration of the
order, any firearms or firearm parts that could be
assembled into an operable firearm if a search warrant
is issued under (A-1) or the order:
(aa) was issued after a hearing of which such
person received actual notice, and at which such
person had an opportunity to participate, or the
petitioner has satisfied the requirements of
Section 217;
(bb) restrains such person from using physical
force; harassing, stalking, or threatening an
intimate partner of such person or child of such
intimate partner or person; or engaging in other
conduct that would place an intimate partner in
reasonable fear of bodily injury to the partner or
child; and
(cc) includes a finding that such person
represents a credible threat to the physical
safety of such intimate partner or child.
(ii) The court shall order any respondent
prohibited from possessing firearms under item (i) of
subparagraph (A) to surrender any firearms or firearm

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parts that could be assembled to make an operable
firearm. Any firearms or firearm parts on the
respondent's person or at the place of service shall
be surrendered to the serving officers at the time of
service of the order of protection, and any other
firearms or firearm parts shall be surrendered to
local law enforcement within 24 hours of service of
the order of protection. Any Firearm Owner's
Identification Card or Concealed Carry License in the
possession of the respondent, except as provided in
subparagraph (B), shall also be ordered by the court
to be turned over to the officer serving the order of
protection at the time of service or, if not on the
respondent's person or at the location where the
respondent is served at the time of service, to local
law enforcement within 24 hours of service of the
order of protection. The law enforcement agency shall
immediately mail the card, as well as any license, to
the Illinois State Police Firearm Owner's
Identification Card Office for safekeeping.
(A-1)(i) Upon issuance of an emergency, interim,
or plenary order of protection and subject to the
provisions of item (ii) of this subparagraph (A-1),
the court shall issue a search warrant for the seizure
of any firearms or firearm parts that could be
assembled to make an operable firearm belonging to the

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respondent if the court, based upon sworn testimony,
finds that:
(aa) the respondent poses a credible threat to
the physical safety of the petitioner protected by
the order of protection; and
(bb) probable cause exists to believe that:
(I) the respondent possesses firearms or
firearm parts that could be assembled to make
an operable firearm;
(II) the firearms or firearm parts that
could be assembled to make an operable firearm
are located at the residence, vehicle, or
other property of the respondent to be
searched; and
(III) the credible threat to the physical
safety of the petitioner protected by the
order of protection is immediate and present.
The record shall reflect the court's findings in
determining whether the search warrant shall be
issued.
(ii) If the petitioner does not seek a warrant
under this subparagraph (A-1) or the court determines
that the requirements of this subparagraph (A-1) have
not been met, relief under subparagraph (A) alone may
be granted.
(iii) An ex parte search warrant shall be granted

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under this subparagraph (A-1) only if the court finds
that:
(aa) the elements of item (i) of subparagraph
(A-1) have been met;
(bb) personal injury to the petitioner is
likely to occur if the respondent received prior
notice; and
(cc) the petitioner has otherwise satisfied
the requirements of Section 217 of this Act.
(iv) Oral testimony is sufficient in lieu of an
affidavit to support a finding of probable cause.
(v) A search warrant issued under this
subparagraph (A-1) shall be directed by the court for
enforcement to the law enforcement agency with primary
responsibility for responding to calls for service at
the location to be searched or to another appropriate
law enforcement agency if justified by the
circumstances. The search warrant shall specify with
particularity the scope of the search, including the
property to be searched, and shall direct the law
enforcement agency to seize the respondent's firearms
and firearm parts that could be assembled to make an
operable firearm. Law enforcement shall also be
directed to seize any Firearm Owner's Identification
Card and any Concealed Carry License belonging to the
respondent.

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(vi) The petitioner shall prepare an information
sheet, reviewed by the court, for law enforcement at
the time the warrant is granted. The information sheet
shall include:
(aa) contact information for the petitioner,
the petitioner's attorney, or both, including a
telephone number and email, if available;
(bb) a physical description of the respondent,
including the respondent's date of birth, if
known, or approximate age, height, weight, race,
and hair color;
(cc) days and times that the respondent is
likely to be at the property to be searched, if
known; and
(dd) whether people other than the respondent
are likely to be present at the property to be
searched and when, if known.
(vii) The information sheet shall be transmitted
to the law enforcement agency to which the search
warrant is directed in the same manner as the warrant
is transmitted under Section 222 of this Act.
(viii) If the court, after determining a search
warrant should issue, finds that the petitioner has
made a credible report of domestic violence to the
local law enforcement agency within the previous 90
days, law enforcement shall execute the warrant no

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later than 96 hours after receipt of the warrant. If
the court finds that petitioner has not made such a
report, the law enforcement agency to which the court
has directed the warrant shall, within 48 hours of
receipt, evaluate the warrant and seek any corrections
to the warrant, and, if applicable, add to or negate
the warrant. The record shall reflect the court's
findings in determining whether to correct, add, or
negate the warrant. If a change is made regarding the
search warrant, law enforcement shall execute the
warrant no later than 96 hours after the correction is
issued. The law enforcement agency shall notify the
petitioner of any changes to the warrant or if the
warrant has been negated. The law enforcement agency
to which the court has directed the warrant may
coordinate with other law enforcement agencies to
execute the warrant. A return of the warrant shall be
filed by the law enforcement agency within 24 hours of
execution, setting forth the time, date, and location
where the warrant was executed and what items, if any,
were seized. If the court is not in session, the return
information shall be returned on the next date the
court is in session. Subject to the provisions of this
Section, peace officers shall have the same authority
to execute a warrant issued pursuant to this
subsection as a warrant issued under Article 108 of

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the Code of Criminal Procedure of 1963.
(ix) Upon discovering a defect in the search
warrant, the appropriate law enforcement agency may
petition the court to correct the warrant. The law
enforcement agency shall notify the petitioner of any
such correction.
(x) Upon petition by the appropriate law
enforcement agency, the court may modify the search
warrant or extend the time to execute the search
warrant for a period of no more than 96 hours. In
determining whether to modify or extend the warrant,
the court shall consider:
(aa) any increased risk to the petitioner's
safety that may result from a modification or
extension of the warrant;
(bb) any unnecessary risk to law enforcement
that would be mitigated by a modification or
extension of the warrant;
(cc) any risks to third parties at the
location to be searched that would be mitigated by
a modification or extension of the warrant; and
(dd) the likelihood of successful execution of
warrant.
The record shall reflect the court's findings in
determining whether to extend or modify the warrant.
The law enforcement agency shall notify the petitioner

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of any modification or extension of the warrant.
(xi) Service of any order of protection shall, to
the extent possible, be concurrent with the execution
of any search warrant under this paragraph.
(B) If the respondent is a peace officer as
defined in Section 2-13 of the Criminal Code of 2012,
the court shall order that any firearms used by the
respondent in the performance of his or her duties as a
peace officer be surrendered to the chief law
enforcement executive of the agency in which the
respondent is employed, who shall retain the firearms
for safekeeping for the duration of the order of
protection.
(C)(i) Any firearms or firearm parts that could be
assembled to make an operable firearm shall be kept by
the law enforcement agency that took possession of the
items for safekeeping, except as provided in
subparagraph (B). The period of safekeeping shall be
for the duration of the order of protection. Except as
provided in subparagraph (E), the respondent is
prohibited from transferring firearms or firearm parts
to another individual in lieu of surrender to law
enforcement. The law enforcement agency shall provide
an itemized statement of receipt to the respondent and
the court describing any seized or surrendered
firearms or firearm parts and informing the respondent

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that the respondent may seek the return of the
respondent's items at the end of the order of
protection. The law enforcement agency may enter
arrangements, as needed, with federally licensed
firearm dealers or other law enforcement agencies for
the storage of any firearms seized or surrendered
under this subsection.
(ii) It is the respondent's responsibility to
request the return or reinstatement of any Firearm
Owner's Identification Card or Concealed Carry License
and notify the Illinois State Police Firearm Owner's
Identification Card Office at the end of the Order of
Protection.
(iii) At the end of the order of protection, a
respondent may request the return of any seized or
surrendered firearms or firearm parts that could be
assembled to make an operable firearm. Such firearms
or firearm parts shall be returned within 14 days of
the request to the respondent, if the respondent is
lawfully eligible to possess firearms, or to a
designated third party who is lawfully eligible to
possess firearms. If the firearms or firearm parts
cannot be returned to respondent because (1) the
respondent has not requested the return or transfer of
the firearms or firearm parts as set forth in this
subparagraph, and (2) the respondent cannot be located

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or fails to respond to more than 3 requests to retrieve
the firearms or firearm parts the court may, or is not
lawfully eligible to possess a firearm, upon petition
from the appropriate law enforcement agency and notice
to the respondent at the respondent's last known
address, order the law enforcement agency to destroy
the firearms or firearm parts; use the firearms or
firearm parts for training purposes or for any other
application as deemed appropriate by the law
enforcement agency; or turn over the firearm or
firearm parts to a third party who is lawfully
eligible to possess firearms, and who does not reside
with respondent.
(D)(i) If a person other than the respondent
claims title to any firearms and firearm parts that
could be assembled to make an operable firearm seized
or surrendered under this subsection, the person may
petition the court to have the firearm and firearm
parts that could be assembled to make an operable
firearm returned to him or her with proper notice to
the petitioner and respondent. If, at a hearing on the
petition, the court determines the person to be the
lawful owner of the firearm and firearm parts that
could be assembled to make an operable firearm, the
firearm and firearm parts that could be assembled to
make an operable firearm shall be returned to the

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person, provided that:
(aa) the firearm and firearm parts that could
be assembled to make an operable firearm are
removed from the respondent's custody, control, or
possession and the lawful owner agrees to store
the firearm and firearm parts that could be
assembled to make an operable firearm in a manner
such that the respondent does not have access to
or control of the firearm and firearm parts that
could be assembled to make an operable firearm;
and
(bb) the firearm and firearm parts that could
be assembled to make an operable firearm are not
otherwise unlawfully possessed by the owner.
(ii) The person petitioning for the return of his
or her firearm and firearm parts that could be
assembled to make an operable firearm must swear or
affirm by affidavit that he or she:
(aa) is the lawful owner of the firearm and
firearm parts that could be assembled to make an
operable firearm;
(bb) shall not transfer the firearm and
firearm parts that could be assembled to make an
operable firearm to the respondent; and
(cc) will store the firearm and firearm parts
that could be assembled to make an operable

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firearm in a manner that the respondent does not
have access to or control of the firearm and
firearm parts that could be assembled to make an
operable firearm.
(E)(i) The respondent may file a motion to
transfer, at the next scheduled hearing, any seized or
surrendered firearms or firearm parts to a third
party. Notice of the motion shall be provided to the
petitioner and the third party must appear at the
hearing.
(ii) The court may order transfer of the seized or
surrendered firearm or firearm parts only if:
(aa) the third party transferee affirms by
affidavit to the open court that:
(I) the third party transferee does not
reside with the respondent;
(II) the respondent does not have access
to the location in which the third party
transferee intends to keep the firearms or
firearm parts;
(III) the third party transferee will not
transfer the firearm or firearm parts to the
respondent or anyone who resides with the
respondent;
(IV) the third party transferee will
maintain control and possession of the firearm

10400HB4312ham001 - 84 - LRB104 17114 JRC 35736 a
or firearm parts until otherwise ordered by
the court; and
(V) the third party transferee will be
subject to criminal penalties for transferring
the firearms or firearm parts to the
respondent; and
(bb) the court finds that:
(I) the respondent holds a valid Firearm
Owner's Identification; and
(II) the transfer of firearms or firearm
parts to the third party transferee does not
place the petitioner or any other protected
parties at any additional threat or risk of
harm.
(15) Prohibition of access to records. If an order of
protection prohibits respondent from having contact with
the minor child, or if petitioner's address is omitted
under subsection (b) of Section 203, or if necessary to
prevent abuse or wrongful removal or concealment of a
minor child, the order shall deny respondent access to,
and prohibit respondent from inspecting, obtaining, or
attempting to inspect or obtain, school or any other
records of the minor child who is in the care of
petitioner.
(16) Order for payment of shelter services. Order
respondent to reimburse a shelter providing temporary

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housing and counseling services to the petitioner for the
cost of the services, as certified by the shelter and
deemed reasonable by the court.
(17) Order for injunctive relief. Enter injunctive
relief necessary or appropriate to prevent further abuse
of a family or household member or further abuse, neglect,
or exploitation of a high-risk adult with disabilities or
to effectuate one of the granted remedies, if supported by
the balance of hardships. If the harm to be prevented by
the injunction is abuse or any other harm that one of the
remedies listed in paragraphs (1) through (16) of this
subsection is designed to prevent, no further evidence is
necessary that the harm is an irreparable injury.
(18) Telephone services.
(A) Unless a condition described in subparagraph
(B) of this paragraph exists, the court may, upon
request by the petitioner, order a wireless telephone
service provider to transfer to the petitioner the
right to continue to use a telephone number or numbers
indicated by the petitioner and the financial
responsibility associated with the number or numbers,
as set forth in subparagraph (C) of this paragraph.
For purposes of this paragraph (18), the term
"wireless telephone service provider" means a provider
of commercial mobile service as defined in 47 U.S.C.
332. The petitioner may request the transfer of each

10400HB4312ham001 - 86 - LRB104 17114 JRC 35736 a
telephone number that the petitioner, or a minor child
in his or her custody, uses. The clerk of the court
shall serve the order on the wireless telephone
service provider's agent for service of process
provided to the Illinois Commerce Commission. The
order shall contain all of the following:
(i) The name and billing telephone number of
the account holder including the name of the
wireless telephone service provider that serves
the account.
(ii) Each telephone number that will be
transferred.
(iii) A statement that the provider transfers
to the petitioner all financial responsibility for
and right to the use of any telephone number
transferred under this paragraph.
(B) A wireless telephone service provider shall
terminate the respondent's use of, and shall transfer
to the petitioner use of, the telephone number or
numbers indicated in subparagraph (A) of this
paragraph unless it notifies the petitioner, within 72
hours after it receives the order, that one of the
following applies:
(i) The account holder named in the order has
terminated the account.
(ii) A difference in network technology would

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prevent or impair the functionality of a device on
a network if the transfer occurs.
(iii) The transfer would cause a geographic or
other limitation on network or service provision
to the petitioner.
(iv) Another technological or operational
issue would prevent or impair the use of the
telephone number if the transfer occurs.
(C) The petitioner assumes all financial
responsibility for and right to the use of any
telephone number transferred under this paragraph. In
this paragraph, "financial responsibility" includes
monthly service costs and costs associated with any
mobile device associated with the number.
(D) A wireless telephone service provider may
apply to the petitioner its routine and customary
requirements for establishing an account or
transferring a number, including requiring the
petitioner to provide proof of identification,
financial information, and customer preferences.
(E) Except for willful or wanton misconduct, a
wireless telephone service provider is immune from
civil liability for its actions taken in compliance
with a court order issued under this paragraph.
(F) All wireless service providers that provide
services to residential customers shall provide to the

10400HB4312ham001 - 88 - LRB104 17114 JRC 35736 a
Illinois Commerce Commission the name and address of
an agent for service of orders entered under this
paragraph (18). Any change in status of the registered
agent must be reported to the Illinois Commerce
Commission within 30 days of such change.
(G) The Illinois Commerce Commission shall
maintain the list of registered agents for service for
each wireless telephone service provider on the
Commission's website. The Commission may consult with
wireless telephone service providers and the Circuit
Court Clerks on the manner in which this information
is provided and displayed.
(19) Cease use and dissemination.
(A) Order the respondent to stop use and
dissemination of materials or statements to prevent
further abuse.
(B) Order the respondent to stop use of any and all
electronic tracking or monitoring.
(C) Require the respondent to produce sufficient
evidence that compliance has occurred.
(20) Removal of harassing materials, tracking, or
monitoring. Order the respondent to remove or delete the
harassing statements or materials or delete the tracking
and monitoring information collected by the respondent and
produce sufficient evidence that compliance has occurred.
(c) Relevant factors; findings.

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(1) In determining whether to grant a specific remedy,
other than payment of support, the court shall consider
relevant factors, including but not limited to the
following:
(i) the nature, frequency, severity, pattern and
consequences of the respondent's past abuse, neglect
or exploitation of the petitioner or any family or
household member, including the concealment of his or
her location in order to evade service of process or
notice, and the likelihood of danger of future abuse,
neglect, or exploitation to petitioner or any member
of petitioner's or respondent's family or household;
and
(ii) the danger that any minor child will be
abused or neglected or improperly relocated from the
jurisdiction, improperly concealed within the State or
improperly separated from the child's primary
caretaker.
(2) In comparing relative hardships resulting to the
parties from loss of possession of the family home, the
court shall consider relevant factors, including but not
limited to the following:
(i) availability, accessibility, cost, safety,
adequacy, location and other characteristics of
alternate housing for each party and any minor child
or dependent adult in the party's care;

10400HB4312ham001 - 90 - LRB104 17114 JRC 35736 a
(ii) the effect on the party's employment; and
(iii) the effect on the relationship of the party,
and any minor child or dependent adult in the party's
care, to family, school, church and community.
(3) Subject to the exceptions set forth in paragraph
(4) of this subsection, the court shall make its findings
in an official record or in writing, and shall at a minimum
set forth the following:
(i) That the court has considered the applicable
relevant factors described in paragraphs (1) and (2)
of this subsection.
(ii) Whether the conduct or actions of respondent,
unless prohibited, will likely cause irreparable harm
or continued abuse.
(iii) Whether it is necessary to grant the
requested relief in order to protect petitioner or
other alleged abused persons.
(4) For purposes of issuing an ex parte emergency
order of protection, the court, as an alternative to or as
a supplement to making the findings described in
paragraphs (c)(3)(i) through (c)(3)(iii) of this
subsection, may use the following procedure:
When a verified petition for an emergency order of
protection in accordance with the requirements of Sections
203 and 217 is presented to the court, the court shall
examine petitioner on oath or affirmation. An emergency

10400HB4312ham001 - 91 - LRB104 17114 JRC 35736 a
order of protection shall be issued by the court if it
appears from the contents of the petition and the
examination of petitioner that the averments are
sufficient to indicate abuse by respondent and to support
the granting of relief under the issuance of the emergency
order of protection.
(5) Never married parties. No rights or
responsibilities for a minor child born outside of
marriage attach to a putative father until a father and
child relationship has been established under the Illinois
Parentage Act of 1984, the Illinois Parentage Act of 2015,
the Illinois Public Aid Code, Section 12 of the Vital
Records Act, the Juvenile Court Act of 1987, the Probate
Act of 1975, the Revised Uniform Reciprocal Enforcement of
Support Act, the Uniform Interstate Family Support Act,
the Expedited Child Support Act of 1990, any judicial,
administrative, or other act of another state or
territory, any other Illinois statute, or by any foreign
nation establishing the father and child relationship, any
other proceeding substantially in conformity with the
Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (Pub. L. 104-193), or where
both parties appeared in open court or at an
administrative hearing acknowledging under oath or
admitting by affirmation the existence of a father and
child relationship. Absent such an adjudication, finding,

10400HB4312ham001 - 92 - LRB104 17114 JRC 35736 a
or acknowledgment, no putative father shall be granted
temporary allocation of parental responsibilities,
including parenting time with the minor child, or physical
care and possession of the minor child, nor shall an order
of payment for support of the minor child be entered.
(d) Balance of hardships; findings. If the court finds
that the balance of hardships does not support the granting of
a remedy governed by paragraph (2), (3), (10), (11), or (16) of
subsection (b) of this Section, which may require such
balancing, the court's findings shall so indicate and shall
include a finding as to whether granting the remedy will
result in hardship to respondent that would substantially
outweigh the hardship to petitioner from denial of the remedy.
The findings shall be an official record or in writing.
(e) Denial of remedies. Denial of any remedy shall not be
based, in whole or in part, on evidence that:
(1) Respondent has cause for any use of force, unless
that cause satisfies the standards for justifiable use of
force provided by Article 7 of the Criminal Code of 2012;
(2) Respondent was voluntarily intoxicated;
(3) Petitioner acted in self-defense or defense of
another, provided that, if petitioner utilized force, such
force was justifiable under Article 7 of the Criminal Code
of 2012;
(4) Petitioner did not act in self-defense or defense
of another;

10400HB4312ham001 - 93 - LRB104 17114 JRC 35736 a
(5) Petitioner left the residence or household to
avoid further abuse, neglect, or exploitation by
respondent;
(6) Petitioner did not leave the residence or
household to avoid further abuse, neglect, or exploitation
by respondent;
(7) Conduct by any family or household member excused
the abuse, neglect, or exploitation by respondent, unless
that same conduct would have excused such abuse, neglect,
or exploitation if the parties had not been family or
household members.
(Source: P.A. 102-538, eff. 8-20-21; 103-1065, eff. 5-11-25.)
(750 ILCS 60/220) (from Ch. 40, par. 2312-20)
Sec. 220. Duration and extension of orders.
(a) Duration of emergency and interim orders. Unless
re-opened or extended or voided by entry of an order of greater
duration:
(1) Emergency orders issued under Section 217 shall be
effective for not less than 14 nor more than 21 days;
(2) Interim orders shall be effective for up to 30
days.
(b) Duration of plenary orders.
(0.05) A plenary order of protection entered under
this Act shall be valid for a fixed period of time, not to
exceed two years.

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(1) A plenary order of protection entered in
conjunction with another civil proceeding shall remain in
effect as follows:
(i) if entered as preliminary relief in that other
proceeding, until entry of final judgment in that
other proceeding;
(ii) if incorporated into the final judgment in
that other proceeding, until the order of protection
is vacated or modified; or
(iii) if incorporated in an order for involuntary
commitment, until termination of both the involuntary
commitment and any voluntary commitment, or for a
fixed period of time not exceeding 2 years.
(2) Duration of an order of protection entered in
conjunction with a criminal prosecution or delinquency
petition shall remain in effect as provided in Section
112A-20 of the Code of Criminal Procedure of 1963.
(c) Computation of time. The duration of an order of
protection shall not be reduced by the duration of any prior
order of protection.
(d) Law enforcement records. When a plenary order of
protection expires upon the occurrence of a specified event,
rather than upon a specified date as provided in subsection
(b), no expiration date shall be entered in Illinois State
Police records. To remove the plenary order from those
records, either party shall request the clerk of the court to

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file a certified copy of an order stating that the specified
event has occurred or that the plenary order has been vacated
or modified with the Sheriff, and the Sheriff shall direct
that law enforcement records shall be promptly corrected in
accordance with the filed order.
(e) Extension of orders.
(1) Emergency and interim orders. Any emergency or ,
interim or plenary order may be extended one or more
times, as required, provided that the requirements of
Section 217, 218 or 219, as appropriate, are satisfied. A
violation of the original order or a subsequent incident
of abuse is not required to grant an extension of the
order. If the motion for extension is uncontested and
petitioner seeks no modification of the order, the order
may be extended on the basis of petitioner's motion or
affidavit stating that there has been no material change
in relevant circumstances since entry of the order and
stating the reason for the requested extension. An
extension of a plenary order of protection may be granted,
upon good cause shown, to remain in effect until the order
of protection is vacated or modified. Extensions may be
granted only in open court and not under the provisions of
subsection (c) of Section 217, which applies only when the
court is unavailable at the close of business or on a court
holiday.
(2) Plenary orders.

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(A) The court shall grant the petitioner's motion
to extend a plenary order of protection if the
requirements of Section 219 have been satisfied and
there has been no material change in the relevant
circumstances. The court may not deny a motion to
extend solely because there is no violation of the
original order nor a subsequent incident of abuse.
(B) An extension of a plenary order may be granted
for any fixed period of time or until the order is
vacated or modified. If the petitioner seeks an
extension longer than 2 years, the court may grant the
request if it finds that there is good cause to extend
the order for longer than 2 years.
(C) If the respondent does not contest the motion
to extend a plenary order of protection after service
of the motion in accordance with Supreme Court Rules
11, 12, and 105, the court may grant the request for an
extension based solely on the petitioner's motion and
affidavit setting forth the requirements of this
paragraph (e)(2).
(D) If the plenary order is set to expire before
the next available court date, then the court date for
extension must be expedited. The court may extend the
order on an emergency basis pending a hearing on the
request. If a plenary order expires before a hearing
on the motion, the court may reinstate and extend the

10400HB4312ham001 - 97 - LRB104 17114 JRC 35736 a
order upon hearing.
(3) Extensions under this subsection (e) may be
granted only in open court and not under the
provisions of subsection (c) of Section 217, which
applies only when the court is unavailable at the
close of business or on a court holiday.
(f) Termination date. Any order of protection which would
expire on a court holiday shall instead expire at the close of
the next court business day.
(g) Statement of purpose. The practice of dismissing or
suspending a criminal prosecution in exchange for the issuance
of an order of protection undermines the purposes of this Act.
This Section shall not be construed as encouraging that
practice.
(Source: P.A. 102-538, eff. 8-20-21.)".