Bill Text: IL HB3294 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Code of Criminal Procedure of 1963 and the Illinois Domestic Violence Act of 1986. Provides that "abuse" includes the infliction of fear of imminent conduct related to the cruel treatment of an animal, aggravated cruelty of an animal, animal torture, or sexual conduct or sexual contact with an animal, taken against a domestic animal when used as a method of coercion, control, punishment, intimidation, or revenge directed against a family member or member of an unmarried couple who has a close bond of affection to the domestic animal. Defines "domestic animal" as a dog, cat, or other animal that is domesticated and kept as a household pet, but does not include animals normally raised for agricultural or commercial purposes. Makes conforming changes.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-04-05 - Rule 19(a) / Re-referred to Rules Committee [HB3294 Detail]

Download: Illinois-2023-HB3294-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3294 Introduced , by Rep. Anne Stava-Murray SYNOPSIS AS INTRODUCED:
725 ILCS 5/112A-3 from Ch. 38, par. 112A-3
725 ILCS 5/112A-14 from Ch. 38, par. 112A-14
750 ILCS 60/103 from Ch. 40, par. 2311-3
750 ILCS 60/214 from Ch. 40, par. 2312-14
Amends the Code of Criminal Procedure of 1963 and the Illinois Domestic Violence Act of 1986. Provides that "abuse" includes the infliction of fear of imminent conduct related to the cruel treatment of an animal, aggravated cruelty of an animal, animal torture, or sexual conduct or sexual contact with an animal, taken against a domestic animal when used as a method of coercion, control, punishment, intimidation, or revenge directed against a family member or member of an unmarried couple who has a close bond of affection to the domestic animal. Defines "domestic animal" as a dog, cat, or other animal that is domesticated and kept as a household pet, but does not include animals normally raised for agricultural or commercial purposes. Makes conforming changes.
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A BILL FOR
HB3294 LRB103 29410 LNS 55801 b
AN ACT concerning domestic violence.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Code of Criminal Procedure of 1963 is
amended by changing Sections 112A-3 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
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

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reasonable direction of a minor child by a parent or
person in loco parentis. "Abuse" includes the infliction
of fear of imminent conduct described in Section 3.01,
3.02, or 3.03 of the Humane Care for Animals Act or Section
12-35 of the Criminal Code of 2012, taken against a
domestic animal when used as a method of coercion,
control, punishment, intimidation, or revenge directed
against a family member or member of an unmarried couple
who has a close bond of affection to the domestic animal.
(2.5) "Domestic animal" means a dog, cat, or other
animal that is domesticated and kept as a household pet,
but does not include animals normally raised for
agricultural or commercial purposes.
(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

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acquaintanceship nor ordinary fraternization between 2
individuals in business or social contexts shall be deemed
to constitute a dating relationship.
(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 petitioner's place
of employment or school;
(ii) repeatedly telephoning petitioner's place of
employment, home or residence;
(iii) repeatedly following petitioner about in a
public place or places;
(iv) repeatedly 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

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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.
(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
and any named victim of abuse on whose behalf the petition

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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
has expressed the intent to forgo such medical care or

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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
any part of the body of a child under 13 years of age, or

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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
action, method, device, or means follows, monitors,

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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
of the respondent and the respondent's prior acts.

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(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-14) (from Ch. 38, par. 112A-14)
Sec. 112A-14. Domestic violence order of protection;
remedies.
(a) (Blank).

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(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
party or a minor child in that party's care, or by any
person or entity other than the opposing party that

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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
child or dependent adult in petitioner's care. The
court, on the request of petitioner or on its own

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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
and in the presence of an agreed-upon adult third
party or law enforcement officer.

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(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
the respondent is not available. The respondent also
bears the burden of production with respect to the

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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
transportation and other costs associated with the
transfer or change.

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(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
minor child's primary caretaker, or to otherwise protect
the well-being of the minor child, the court may do either

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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
physical care or temporary significant decision-making
responsibility of a minor child to petitioner. The court

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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
in a violent or abusive manner. If necessary to protect
any member of petitioner's family or household from future

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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
property jointly; sharing it would risk abuse of
petitioner by respondent or is impracticable; and the

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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
paragraph only if a proper proceeding has been filed under
the Illinois Marriage and Dissolution of Marriage Act, as

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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 domestic animals. Grant the
petitioner the exclusive care, custody, or control of any
domestic 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 domestic animal and forbid the
respondent from taking, transferring, encumbering,
concealing, harming, or otherwise disposing of the
domestic 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

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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
court may order respondent to pay the reasonable

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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 firearm possession.
(A) A person who is subject to an existing
domestic violence order of protection issued under
this Code may not lawfully possess weapons 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), shall be ordered by the court
to be turned over to a person with a valid Firearm
Owner's Identification Card for safekeeping. The court
shall issue an order that the respondent comply with
Section 9.5 of the Firearm Owners Identification Card
Act.
(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

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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) Upon expiration of the period of safekeeping,
if the firearms or Firearm Owner's Identification Card
cannot be returned to respondent because respondent
cannot be located, fails to respond to requests to
retrieve the firearms, or is not lawfully eligible to
possess a firearm, upon petition from the local law
enforcement agency, the court may order the local law
enforcement agency to destroy the firearms, use the
firearms for training purposes, or for any other
application as deemed appropriate by the local law
enforcement agency; or that the firearms be turned
over to a third party who is lawfully eligible to
possess firearms, and who does not reside with
respondent.
(15) Prohibition of access to records. If a domestic
violence order of protection prohibits respondent from
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

HB3294 - 24 - LRB103 29410 LNS 55801 b
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
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,

HB3294 - 25 - LRB103 29410 LNS 55801 b
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
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

HB3294 - 26 - LRB103 29410 LNS 55801 b
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
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

HB3294 - 27 - LRB103 29410 LNS 55801 b
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.
(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

HB3294 - 28 - LRB103 29410 LNS 55801 b
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.
(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

HB3294 - 29 - LRB103 29410 LNS 55801 b
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).
(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

HB3294 - 30 - LRB103 29410 LNS 55801 b
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
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;

HB3294 - 31 - LRB103 29410 LNS 55801 b
(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
or household members.
(Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22;
102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
Section 10. The Illinois Domestic Violence Act of 1986 is
amended by changing Sections 103 and 214 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. "Abuse"
includes the infliction of fear of imminent conduct described
in Section 3.01, 3.02, or 3.03 of the Humane Care for Animals
Act or Section 12-35 of the Criminal Code of 2012, taken

HB3294 - 32 - LRB103 29410 LNS 55801 b
against a domestic animal when used as a method of coercion,
control, punishment, intimidation, or revenge directed against
a family member or member of an unmarried couple who has a
close bond of affection to the domestic animal.
(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.
(2.5) "Domestic animal" means a dog, cat, or other animal
that is domesticated and kept as a household pet, but does not
include animals normally raised for agricultural or commercial
purposes.
(3) "Domestic violence" means abuse as defined in
paragraph (1).
(4) "Elder adult with disabilities" means an adult
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

HB3294 - 33 - LRB103 29410 LNS 55801 b
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
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

HB3294 - 34 - LRB103 29410 LNS 55801 b
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 petitioner's place of
employment or school;
(ii) repeatedly telephoning petitioner's place of
employment, home or residence;
(iii) repeatedly following petitioner about in a
public place or places;
(iv) repeatedly 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.
(8) "High-risk adult with disabilities" means a person
aged 18 or over whose physical or mental disability impairs

HB3294 - 35 - LRB103 29410 LNS 55801 b
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
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

HB3294 - 36 - LRB103 29410 LNS 55801 b
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
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.

HB3294 - 37 - LRB103 29410 LNS 55801 b
(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
dependent persons.
(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
(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
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

HB3294 - 38 - LRB103 29410 LNS 55801 b
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
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.

HB3294 - 39 - LRB103 29410 LNS 55801 b
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)
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

HB3294 - 40 - LRB103 29410 LNS 55801 b
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
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.

HB3294 - 41 - LRB103 29410 LNS 55801 b
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
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,

HB3294 - 42 - LRB103 29410 LNS 55801 b
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
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.

HB3294 - 43 - LRB103 29410 LNS 55801 b
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,
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

HB3294 - 44 - LRB103 29410 LNS 55801 b
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
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:

HB3294 - 45 - LRB103 29410 LNS 55801 b
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
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

HB3294 - 46 - LRB103 29410 LNS 55801 b
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.
(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,

HB3294 - 47 - LRB103 29410 LNS 55801 b
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.
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

HB3294 - 48 - LRB103 29410 LNS 55801 b
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 domestic animals. Grant the
petitioner the exclusive care, custody, or control of any
domestic 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 domestic animal and forbid the
respondent from taking, transferring, encumbering,
concealing, harming, or otherwise disposing of the
domestic animal.

HB3294 - 49 - LRB103 29410 LNS 55801 b
(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
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.

HB3294 - 50 - LRB103 29410 LNS 55801 b
(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 firearm possession.
(a) Prohibit a respondent against whom an order of
protection was issued from possessing any firearms
during the duration of the order if the order:
(1) was issued after a hearing of which such

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person received actual notice, and at which such
person had an opportunity to participate;
(2) restrains such person from 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
(3)(i) includes a finding that such person
represents a credible threat to the physical
safety of such intimate partner or child; or (ii)
by its terms explicitly prohibits the use,
attempted use, or threatened use of physical force
against such intimate partner or child that would
reasonably be expected to cause bodily injury.
Any Firearm Owner's Identification Card in the
possession of the respondent, except as provided in
subsection (b), shall be ordered by the court to be
turned over to the local law enforcement agency. The
local law enforcement agency shall immediately mail
the card to the Illinois State Police Firearm Owner's
Identification Card Office for safekeeping. The court
shall issue a warrant for seizure of any firearm in the
possession of the respondent, to be kept by the local
law enforcement agency for safekeeping, except as
provided in subsection (b). The period of safekeeping

HB3294 - 52 - LRB103 29410 LNS 55801 b
shall be for the duration of the order of protection.
The firearm or firearms and Firearm Owner's
Identification Card, if unexpired, shall at the
respondent's request, be returned to the respondent at
the end of the order of protection. It is the
respondent's responsibility to notify the Illinois
State Police Firearm Owner's Identification Card
Office.
(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) Upon expiration of the period of safekeeping,
if the firearms or Firearm Owner's Identification Card
cannot be returned to respondent because respondent
cannot be located, fails to respond to requests to
retrieve the firearms, or is not lawfully eligible to
possess a firearm, upon petition from the local law
enforcement agency, the court may order the local law
enforcement agency to destroy the firearms, use the
firearms for training purposes, or for any other

HB3294 - 53 - LRB103 29410 LNS 55801 b
application as deemed appropriate by the local law
enforcement agency; or that the firearms be turned
over to a third party who is lawfully eligible to
possess firearms, and who does not reside with
respondent.
(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
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

HB3294 - 54 - LRB103 29410 LNS 55801 b
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
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

HB3294 - 55 - LRB103 29410 LNS 55801 b
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
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

HB3294 - 56 - LRB103 29410 LNS 55801 b
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
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

HB3294 - 57 - LRB103 29410 LNS 55801 b
wireless telephone service providers and the Circuit
Court Clerks on the manner in which this information
is provided and displayed.
(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, 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:

HB3294 - 58 - LRB103 29410 LNS 55801 b
(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, 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:

HB3294 - 59 - LRB103 29410 LNS 55801 b
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
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

HB3294 - 60 - LRB103 29410 LNS 55801 b
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,
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

HB3294 - 61 - LRB103 29410 LNS 55801 b
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, 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.)