Illinois-2023-HB3294-Introduced

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.

LRB103 29410 LNS 55801 b

A BILL FOR

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1 AN ACT concerning domestic violence.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4 Section 5. The Code of Criminal Procedure of 1963 is

5 amended by changing Sections 112A-3 and 112A-14 as follows:

6 (725 ILCS 5/112A-3) (from Ch. 38, par. 112A-3)

7 Sec. 112A-3. Definitions.

8 (a) In this Article:

9 "Advocate" means a person whose communications with the

10 victim are privileged under Section 8-802.1 or 8-802.2 of the

11 Code of Civil Procedure or Section 227 of the Illinois

12 Domestic Violence Act of 1986.

13 "Named victim" means the person named as the victim in the

14 delinquency petition or criminal prosecution.

15 "Protective order" means a domestic violence order of

16 protection, a civil no contact order, or a stalking no contact

17 order.

18 (b) For the purposes of domestic violence cases, the

19 following terms shall have the following meanings in this

20 Article:

21 (1) "Abuse" means physical abuse, harassment,

22 intimidation of a dependent, interference with personal

23 liberty or willful deprivation but does not include

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1 reasonable direction of a minor child by a parent or

2 person in loco parentis. "Abuse" includes the infliction

3 of fear of imminent conduct described in Section 3.01,

4 3.02, or 3.03 of the Humane Care for Animals Act or Section

5 12-35 of the Criminal Code of 2012, taken against a

6 domestic animal when used as a method of coercion,

7 control, punishment, intimidation, or revenge directed

8 against a family member or member of an unmarried couple

9 who has a close bond of affection to the domestic animal.

10 (2.5) "Domestic animal" means a dog, cat, or other

11 animal that is domesticated and kept as a household pet,

12 but does not include animals normally raised for

13 agricultural or commercial purposes.

14 (2) "Domestic violence" means abuse as described in

15 paragraph (1) of this subsection (b).

16 (3) "Family or household members" include spouses,

17 former spouses, parents, children, stepchildren, and other

18 persons related by blood or by present or prior marriage,

19 persons who share or formerly shared a common dwelling,

20 persons who have or allegedly have a child in common,

21 persons who share or allegedly share a blood relationship

22 through a child, persons who have or have had a dating or

23 engagement relationship, persons with disabilities and

24 their personal assistants, and caregivers as defined in

25 subsection (e) of Section 12-4.4a of the Criminal Code of

26 2012. For purposes of this paragraph (3), neither a casual

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1 acquaintanceship nor ordinary fraternization between 2

2 individuals in business or social contexts shall be deemed

3 to constitute a dating relationship.

4 (4) "Harassment" means knowing conduct which is not

5 necessary to accomplish a purpose which is reasonable

6 under the circumstances; would cause a reasonable person

7 emotional distress; and does cause emotional distress to

8 the petitioner. Unless the presumption is rebutted by a

9 preponderance of the evidence, the following types of

10 conduct shall be presumed to cause emotional distress:

11 (i) creating a disturbance at petitioner's place

12 of employment or school;

13 (ii) repeatedly telephoning petitioner's place of

14 employment, home or residence;

15 (iii) repeatedly following petitioner about in a

16 public place or places;

17 (iv) repeatedly keeping petitioner under

18 surveillance by remaining present outside his or her

19 home, school, place of employment, vehicle or other

20 place occupied by petitioner or by peering in

21 petitioner's windows;

22 (v) improperly concealing a minor child from

23 petitioner, repeatedly threatening to improperly

24 remove a minor child of petitioner's from the

25 jurisdiction or from the physical care of petitioner,

26 repeatedly threatening to conceal a minor child from

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1 petitioner, or making a single such threat following

2 an actual or attempted improper removal or

3 concealment, unless respondent was fleeing from an

4 incident or pattern of domestic violence; or

5 (vi) threatening physical force, confinement or

6 restraint on one or more occasions.

7 (5) "Interference with personal liberty" means

8 committing or threatening physical abuse, harassment,

9 intimidation or willful deprivation so as to compel

10 another to engage in conduct from which she or he has a

11 right to abstain or to refrain from conduct in which she or

12 he has a right to engage.

13 (6) "Intimidation of a dependent" means subjecting a

14 person who is dependent because of age, health, or

15 disability to participation in or the witnessing of:

16 physical force against another or physical confinement or

17 restraint of another which constitutes physical abuse as

18 defined in this Article, regardless of whether the abused

19 person is a family or household member.

20 (7) "Order of protection" or "domestic violence order

21 of protection" means an ex parte or final order, granted

22 pursuant to this Article, which includes any or all of the

23 remedies authorized by Section 112A-14 of this Code.

24 (8) "Petitioner" may mean not only any named

25 petitioner for the domestic violence order of protection

26 and any named victim of abuse on whose behalf the petition

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1 is brought, but also any other person protected by this

2 Article.

3 (9) "Physical abuse" includes sexual abuse and means

4 any of the following:

5 (i) knowing or reckless use of physical force,

6 confinement or restraint;

7 (ii) knowing, repeated and unnecessary sleep

8 deprivation; or

9 (iii) knowing or reckless conduct which creates an

10 immediate risk of physical harm.

11 (9.3) "Respondent" in a petition for a domestic

12 violence order of protection means the defendant.

13 (9.5) "Stay away" means for the respondent to refrain

14 from both physical presence and nonphysical contact with

15 the petitioner whether direct, indirect (including, but

16 not limited to, telephone calls, mail, email, faxes, and

17 written notes), or through third parties who may or may

18 not know about the domestic violence order of protection.

19 (10) "Willful deprivation" means wilfully denying a

20 person who because of age, health or disability requires

21 medication, medical care, shelter, accessible shelter or

22 services, food, therapeutic device, or other physical

23 assistance, and thereby exposing that person to the risk

24 of physical, mental or emotional harm, except with regard

25 to medical care and treatment when such dependent person

26 has expressed the intent to forgo such medical care or

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1 treatment. This paragraph (10) does not create any new

2 affirmative duty to provide support to dependent persons.

3 (c) For the purposes of cases involving sexual offenses,

4 the following terms shall have the following meanings in this

5 Article:

6 (1) "Civil no contact order" means an ex parte or

7 final order granted under this Article, which includes a

8 remedy authorized by Section 112A-14.5 of this Code.

9 (2) "Family or household members" include spouses,

10 parents, children, stepchildren, and persons who share a

11 common dwelling.

12 (3) "Non-consensual" means a lack of freely given

13 agreement.

14 (4) "Petitioner" means not only any named petitioner

15 for the civil no contact order and any named victim of

16 non-consensual sexual conduct or non-consensual sexual

17 penetration on whose behalf the petition is brought, but

18 includes any other person sought to be protected under

19 this Article.

20 (5) "Respondent" in a petition for a civil no contact

21 order means the defendant.

22 (6) "Sexual conduct" means any intentional or knowing

23 touching or fondling by the petitioner or the respondent,

24 either directly or through clothing, of the sex organs,

25 anus, or breast of the petitioner or the respondent, or

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

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1 any transfer or transmission of semen by the respondent

2 upon any part of the clothed or unclothed body of the

3 petitioner, for the purpose of sexual gratification or

4 arousal of the petitioner or the respondent.

5 (7) "Sexual penetration" means any contact, however

6 slight, between the sex organ or anus of one person by an

7 object, the sex organ, mouth or anus of another person, or

8 any intrusion, however slight, of any part of the body of

9 one person or of any animal or object into the sex organ or

10 anus of another person, including, but not limited to,

11 cunnilingus, fellatio, or anal penetration. Evidence of

12 emission of semen is not required to prove sexual

13 penetration.

14 (8) "Stay away" means to refrain from both physical

15 presence and nonphysical contact with the petitioner

16 directly, indirectly, or through third parties who may or

17 may not know of the order. "Nonphysical contact" includes,

18 but is not limited to, telephone calls, mail, e-mail, fax,

19 and written notes.

20 (d) For the purposes of cases involving stalking offenses,

21 the following terms shall have the following meanings in this

22 Article:

23 (1) "Course of conduct" means 2 or more acts,

24 including, but not limited to, acts in which a respondent

25 directly, indirectly, or through third parties, by any

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

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1 observes, surveils, threatens, or communicates to or

2 about, a person, engages in other contact, or interferes

3 with or damages a person's property or pet. A course of

4 conduct may include contact via electronic communications.

5 The incarceration of a person in a penal institution who

6 commits the course of conduct is not a bar to prosecution.

7 (2) "Emotional distress" means significant mental

8 suffering, anxiety, or alarm.

9 (3) "Contact" includes any contact with the victim,

10 that is initiated or continued without the victim's

11 consent, or that is in disregard of the victim's expressed

12 desire that the contact be avoided or discontinued,

13 including, but not limited to, being in the physical

14 presence of the victim; appearing within the sight of the

15 victim; approaching or confronting the victim in a public

16 place or on private property; appearing at the workplace

17 or residence of the victim; entering onto or remaining on

18 property owned, leased, or occupied by the victim; or

19 placing an object on, or delivering an object to, property

20 owned, leased, or occupied by the victim.

21 (4) "Petitioner" means any named petitioner for the

22 stalking no contact order or any named victim of stalking

23 on whose behalf the petition is brought.

24 (5) "Reasonable person" means a person in the

25 petitioner's circumstances with the petitioner's knowledge

26 of the respondent and the respondent's prior acts.

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1 (6) "Respondent" in a petition for a civil no contact

2 order means the defendant.

3 (7) "Stalking" means engaging in a course of conduct

4 directed at a specific person, and he or she knows or

5 should know that this course of conduct would cause a

6 reasonable person to fear for his or her safety or the

7 safety of a third person or suffer emotional distress.

8 "Stalking" does not include an exercise of the right to

9 free speech or assembly that is otherwise lawful or

10 picketing occurring at the workplace that is otherwise

11 lawful and arises out of a bona fide labor dispute,

12 including any controversy concerning wages, salaries,

13 hours, working conditions or benefits, including health

14 and welfare, sick leave, insurance, and pension or

15 retirement provisions, the making or maintaining of

16 collective bargaining agreements, and the terms to be

17 included in those agreements.

18 (8) "Stalking no contact order" means an ex parte or

19 final order granted under this Article, which includes a

20 remedy authorized by Section 112A-14.7 of this Code.

21 (Source: P.A. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18.)

22 (725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14)

23 Sec. 112A-14. Domestic violence order of protection;

24 remedies.

25 (a) (Blank).

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1 (b) The court may order any of the remedies listed in this

2 subsection (b). The remedies listed in this subsection (b)

3 shall be in addition to other civil or criminal remedies

4 available to petitioner.

5 (1) Prohibition of abuse. Prohibit respondent's

6 harassment, interference with personal liberty,

7 intimidation of a dependent, physical abuse, or willful

8 deprivation, as defined in this Article, if such abuse has

9 occurred or otherwise appears likely to occur if not

10 prohibited.

11 (2) Grant of exclusive possession of residence.

12 Prohibit respondent from entering or remaining in any

13 residence, household, or premises of the petitioner,

14 including one owned or leased by respondent, if petitioner

15 has a right to occupancy thereof. The grant of exclusive

16 possession of the residence, household, or premises shall

17 not affect title to real property, nor shall the court be

18 limited by the standard set forth in subsection (c-2) of

19 Section 501 of the Illinois Marriage and Dissolution of

20 Marriage Act.

21 (A) Right to occupancy. A party has a right to

22 occupancy of a residence or household if it is solely

23 or jointly owned or leased by that party, that party's

24 spouse, a person with a legal duty to support that

25 party or a minor child in that party's care, or by any

26 person or entity other than the opposing party that

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1 authorizes that party's occupancy (e.g., a domestic

2 violence shelter). Standards set forth in subparagraph

3 (B) shall not preclude equitable relief.

4 (B) Presumption of hardships. If petitioner and

5 respondent each has the right to occupancy of a

6 residence or household, the court shall balance (i)

7 the hardships to respondent and any minor child or

8 dependent adult in respondent's care resulting from

9 entry of this remedy with (ii) the hardships to

10 petitioner and any minor child or dependent adult in

11 petitioner's care resulting from continued exposure to

12 the risk of abuse (should petitioner remain at the

13 residence or household) or from loss of possession of

14 the residence or household (should petitioner leave to

15 avoid the risk of abuse). When determining the balance

16 of hardships, the court shall also take into account

17 the accessibility of the residence or household.

18 Hardships need not be balanced if respondent does not

19 have a right to occupancy.

20 The balance of hardships is presumed to favor

21 possession by petitioner unless the presumption is

22 rebutted by a preponderance of the evidence, showing

23 that the hardships to respondent substantially

24 outweigh the hardships to petitioner and any minor

25 child or dependent adult in petitioner's care. The

26 court, on the request of petitioner or on its own

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1 motion, may order respondent to provide suitable,

2 accessible, alternate housing for petitioner instead

3 of excluding respondent from a mutual residence or

4 household.

5 (3) Stay away order and additional prohibitions. Order

6 respondent to stay away from petitioner or any other

7 person protected by the domestic violence order of

8 protection, or prohibit respondent from entering or

9 remaining present at petitioner's school, place of

10 employment, or other specified places at times when

11 petitioner is present, or both, if reasonable, given the

12 balance of hardships. Hardships need not be balanced for

13 the court to enter a stay away order or prohibit entry if

14 respondent has no right to enter the premises.

15 (A) If a domestic violence order of protection

16 grants petitioner exclusive possession of the

17 residence, prohibits respondent from entering the

18 residence, or orders respondent to stay away from

19 petitioner or other protected persons, then the court

20 may allow respondent access to the residence to remove

21 items of clothing and personal adornment used

22 exclusively by respondent, medications, and other

23 items as the court directs. The right to access shall

24 be exercised on only one occasion as the court directs

25 and in the presence of an agreed-upon adult third

26 party or law enforcement officer.

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1 (B) When the petitioner and the respondent attend

2 the same public, private, or non-public elementary,

3 middle, or high school, the court when issuing a

4 domestic violence order of protection and providing

5 relief shall consider the severity of the act, any

6 continuing physical danger or emotional distress to

7 the petitioner, the educational rights guaranteed to

8 the petitioner and respondent under federal and State

9 law, the availability of a transfer of the respondent

10 to another school, a change of placement or a change of

11 program of the respondent, the expense, difficulty,

12 and educational disruption that would be caused by a

13 transfer of the respondent to another school, and any

14 other relevant facts of the case. The court may order

15 that the respondent not attend the public, private, or

16 non-public elementary, middle, or high school attended

17 by the petitioner, order that the respondent accept a

18 change of placement or change of program, as

19 determined by the school district or private or

20 non-public school, or place restrictions on the

21 respondent's movements within the school attended by

22 the petitioner. The respondent bears the burden of

23 proving by a preponderance of the evidence that a

24 transfer, change of placement, or change of program of

25 the respondent is not available. The respondent also

26 bears the burden of production with respect to the

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1 expense, difficulty, and educational disruption that

2 would be caused by a transfer of the respondent to

3 another school. A transfer, change of placement, or

4 change of program is not unavailable to the respondent

5 solely on the ground that the respondent does not

6 agree with the school district's or private or

7 non-public school's transfer, change of placement, or

8 change of program or solely on the ground that the

9 respondent fails or refuses to consent or otherwise

10 does not take an action required to effectuate a

11 transfer, change of placement, or change of program.

12 When a court orders a respondent to stay away from the

13 public, private, or non-public school attended by the

14 petitioner and the respondent requests a transfer to

15 another attendance center within the respondent's

16 school district or private or non-public school, the

17 school district or private or non-public school shall

18 have sole discretion to determine the attendance

19 center to which the respondent is transferred. If the

20 court order results in a transfer of the minor

21 respondent to another attendance center, a change in

22 the respondent's placement, or a change of the

23 respondent's program, the parents, guardian, or legal

24 custodian of the respondent is responsible for

25 transportation and other costs associated with the

26 transfer or change.

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1 (C) The court may order the parents, guardian, or

2 legal custodian of a minor respondent to take certain

3 actions or to refrain from taking certain actions to

4 ensure that the respondent complies with the order. If

5 the court orders a transfer of the respondent to

6 another school, the parents, guardian, or legal

7 custodian of the respondent is responsible for

8 transportation and other costs associated with the

9 change of school by the respondent.

10 (4) Counseling. Require or recommend the respondent to

11 undergo counseling for a specified duration with a social

12 worker, psychologist, clinical psychologist,

13 psychiatrist, family service agency, alcohol or substance

14 abuse program, mental health center guidance counselor,

15 agency providing services to elders, program designed for

16 domestic violence abusers, or any other guidance service

17 the court deems appropriate. The court may order the

18 respondent in any intimate partner relationship to report

19 to an Illinois Department of Human Services protocol

20 approved partner abuse intervention program for an

21 assessment and to follow all recommended treatment.

22 (5) Physical care and possession of the minor child.

23 In order to protect the minor child from abuse, neglect,

24 or unwarranted separation from the person who has been the

25 minor child's primary caretaker, or to otherwise protect

26 the well-being of the minor child, the court may do either

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1 or both of the following: (i) grant petitioner physical

2 care or possession of the minor child, or both, or (ii)

3 order respondent to return a minor child to, or not remove

4 a minor child from, the physical care of a parent or person

5 in loco parentis.

6 If the respondent is charged with abuse (as defined in

7 Section 112A-3 of this Code) of a minor child, there shall

8 be a rebuttable presumption that awarding physical care to

9 respondent would not be in the minor child's best

10 interest.

11 (6) Temporary allocation of parental responsibilities

12 and significant decision-making responsibilities. Award

13 temporary significant decision-making responsibility to

14 petitioner in accordance with this Section, the Illinois

15 Marriage and Dissolution of Marriage Act, the Illinois

16 Parentage Act of 2015, and this State's Uniform

17 Child-Custody Jurisdiction and Enforcement Act.

18 If the respondent is charged with abuse (as defined in

19 Section 112A-3 of this Code) of a minor child, there shall

20 be a rebuttable presumption that awarding temporary

21 significant decision-making responsibility to respondent

22 would not be in the child's best interest.

23 (7) Parenting time. Determine the parenting time, if

24 any, of respondent in any case in which the court awards

25 physical care or temporary significant decision-making

26 responsibility of a minor child to petitioner. The court

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1 shall restrict or deny respondent's parenting time with a

2 minor child if the court finds that respondent has done or

3 is likely to do any of the following:

4 (i) abuse or endanger the minor child during

5 parenting time;

6 (ii) use the parenting time as an opportunity to

7 abuse or harass petitioner or petitioner's family or

8 household members;

9 (iii) improperly conceal or detain the minor

10 child; or

11 (iv) otherwise act in a manner that is not in the

12 best interests of the minor child.

13 The court shall not be limited by the standards set

14 forth in Section 603.10 of the Illinois Marriage and

15 Dissolution of Marriage Act. If the court grants parenting

16 time, the order shall specify dates and times for the

17 parenting time to take place or other specific parameters

18 or conditions that are appropriate. No order for parenting

19 time shall refer merely to the term "reasonable parenting

20 time". Petitioner may deny respondent access to the minor

21 child if, when respondent arrives for parenting time,

22 respondent is under the influence of drugs or alcohol and

23 constitutes a threat to the safety and well-being of

24 petitioner or petitioner's minor children or is behaving

25 in a violent or abusive manner. If necessary to protect

26 any member of petitioner's family or household from future

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1 abuse, respondent shall be prohibited from coming to

2 petitioner's residence to meet the minor child for

3 parenting time, and the petitioner and respondent shall

4 submit to the court their recommendations for reasonable

5 alternative arrangements for parenting time. A person may

6 be approved to supervise parenting time only after filing

7 an affidavit accepting that responsibility and

8 acknowledging accountability to the court.

9 (8) Removal or concealment of minor child. Prohibit

10 respondent from removing a minor child from the State or

11 concealing the child within the State.

12 (9) Order to appear. Order the respondent to appear in

13 court, alone or with a minor child, to prevent abuse,

14 neglect, removal or concealment of the child, to return

15 the child to the custody or care of the petitioner, or to

16 permit any court-ordered interview or examination of the

17 child or the respondent.

18 (10) Possession of personal property. Grant petitioner

19 exclusive possession of personal property and, if

20 respondent has possession or control, direct respondent to

21 promptly make it available to petitioner, if:

22 (i) petitioner, but not respondent, owns the

23 property; or

24 (ii) the petitioner and respondent own the

25 property jointly; sharing it would risk abuse of

26 petitioner by respondent or is impracticable; and the

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1 balance of hardships favors temporary possession by

2 petitioner.

3 If petitioner's sole claim to ownership of the

4 property is that it is marital property, the court may

5 award petitioner temporary possession thereof under the

6 standards of subparagraph (ii) of this paragraph only if a

7 proper proceeding has been filed under the Illinois

8 Marriage and Dissolution of Marriage Act, as now or

9 hereafter amended.

10 No order under this provision shall affect title to

11 property.

12 (11) Protection of property. Forbid the respondent

13 from taking, transferring, encumbering, concealing,

14 damaging, or otherwise disposing of any real or personal

15 property, except as explicitly authorized by the court,

16 if:

17 (i) petitioner, but not respondent, owns the

18 property; or

19 (ii) the petitioner and respondent own the

20 property jointly, and the balance of hardships favors

21 granting this remedy.

22 If petitioner's sole claim to ownership of the

23 property is that it is marital property, the court may

24 grant petitioner relief under subparagraph (ii) of this

25 paragraph only if a proper proceeding has been filed under

26 the Illinois Marriage and Dissolution of Marriage Act, as

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1 now or hereafter amended.

2 The court may further prohibit respondent from

3 improperly using the financial or other resources of an

4 aged member of the family or household for the profit or

5 advantage of respondent or of any other person.

6 (11.5) Protection of domestic animals. Grant the

7 petitioner the exclusive care, custody, or control of any

8 domestic animal owned, possessed, leased, kept, or held by

9 either the petitioner or the respondent or a minor child

10 residing in the residence or household of either the

11 petitioner or the respondent and order the respondent to

12 stay away from the domestic animal and forbid the

13 respondent from taking, transferring, encumbering,

14 concealing, harming, or otherwise disposing of the

15 domesticanimal.

16 (12) Order for payment of support. Order respondent to

17 pay temporary support for the petitioner or any child in

18 the petitioner's care or over whom the petitioner has been

19 allocated parental responsibility, when the respondent has

20 a legal obligation to support that person, in accordance

21 with the Illinois Marriage and Dissolution of Marriage

22 Act, which shall govern, among other matters, the amount

23 of support, payment through the clerk and withholding of

24 income to secure payment. An order for child support may

25 be granted to a petitioner with lawful physical care of a

26 child, or an order or agreement for physical care of a

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1 child, prior to entry of an order allocating significant

2 decision-making responsibility. Such a support order shall

3 expire upon entry of a valid order allocating parental

4 responsibility differently and vacating petitioner's

5 significant decision-making responsibility unless

6 otherwise provided in the order.

7 (13) Order for payment of losses. Order respondent to

8 pay petitioner for losses suffered as a direct result of

9 the abuse. Such losses shall include, but not be limited

10 to, medical expenses, lost earnings or other support,

11 repair or replacement of property damaged or taken,

12 reasonable attorney's fees, court costs, and moving or

13 other travel expenses, including additional reasonable

14 expenses for temporary shelter and restaurant meals.

15 (i) Losses affecting family needs. If a party is

16 entitled to seek maintenance, child support, or

17 property distribution from the other party under the

18 Illinois Marriage and Dissolution of Marriage Act, as

19 now or hereafter amended, the court may order

20 respondent to reimburse petitioner's actual losses, to

21 the extent that such reimbursement would be

22 "appropriate temporary relief", as authorized by

23 subsection (a)(3) of Section 501 of that Act.

24 (ii) Recovery of expenses. In the case of an

25 improper concealment or removal of a minor child, the

26 court may order respondent to pay the reasonable

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1 expenses incurred or to be incurred in the search for

2 and recovery of the minor child, including, but not

3 limited to, legal fees, court costs, private

4 investigator fees, and travel costs.

5 (14) Prohibition of entry. Prohibit the respondent

6 from entering or remaining in the residence or household

7 while the respondent is under the influence of alcohol or

8 drugs and constitutes a threat to the safety and

9 well-being of the petitioner or the petitioner's children.

10 (14.5) Prohibition of firearm possession.

11 (A) A person who is subject to an existing

12 domestic violence order of protection issued under

13 this Code may not lawfully possess weapons or a

14 Firearm Owner's Identification Card under Section 8.2

15 of the Firearm Owners Identification Card Act.

16 (B) Any firearms in the possession of the

17 respondent, except as provided in subparagraph (C) of

18 this paragraph (14.5), shall be ordered by the court

19 to be turned over to a person with a valid Firearm

20 Owner's Identification Card for safekeeping. The court

21 shall issue an order that the respondent comply with

22 Section 9.5 of the Firearm Owners Identification Card

23 Act.

24 (C) If the respondent is a peace officer as

25 defined in Section 2-13 of the Criminal Code of 2012,

26 the court shall order that any firearms used by the

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1 respondent in the performance of his or her duties as a

2 peace officer be surrendered to the chief law

3 enforcement executive of the agency in which the

4 respondent is employed, who shall retain the firearms

5 for safekeeping for the duration of the domestic

6 violence order of protection.

7 (D) Upon expiration of the period of safekeeping,

8 if the firearms or Firearm Owner's Identification Card

9 cannot be returned to respondent because respondent

10 cannot be located, fails to respond to requests to

11 retrieve the firearms, or is not lawfully eligible to

12 possess a firearm, upon petition from the local law

13 enforcement agency, the court may order the local law

14 enforcement agency to destroy the firearms, use the

15 firearms for training purposes, or for any other

16 application as deemed appropriate by the local law

17 enforcement agency; or that the firearms be turned

18 over to a third party who is lawfully eligible to

19 possess firearms, and who does not reside with

20 respondent.

21 (15) Prohibition of access to records. If a domestic

22 violence order of protection prohibits respondent from

23 having contact with the minor child, or if petitioner's

24 address is omitted under subsection (b) of Section 112A-5

25 of this Code, or if necessary to prevent abuse or wrongful

26 removal or concealment of a minor child, the order shall

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1 deny respondent access to, and prohibit respondent from

2 inspecting, obtaining, or attempting to inspect or obtain,

3 school or any other records of the minor child who is in

4 the care of petitioner.

5 (16) Order for payment of shelter services. Order

6 respondent to reimburse a shelter providing temporary

7 housing and counseling services to the petitioner for the

8 cost of the services, as certified by the shelter and

9 deemed reasonable by the court.

10 (17) Order for injunctive relief. Enter injunctive

11 relief necessary or appropriate to prevent further abuse

12 of a family or household member or to effectuate one of the

13 granted remedies, if supported by the balance of

14 hardships. If the harm to be prevented by the injunction

15 is abuse or any other harm that one of the remedies listed

16 in paragraphs (1) through (16) of this subsection is

17 designed to prevent, no further evidence is necessary to

18 establish that the harm is an irreparable injury.

19 (18) Telephone services.

20 (A) Unless a condition described in subparagraph

21 (B) of this paragraph exists, the court may, upon

22 request by the petitioner, order a wireless telephone

23 service provider to transfer to the petitioner the

24 right to continue to use a telephone number or numbers

25 indicated by the petitioner and the financial

26 responsibility associated with the number or numbers,

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1 as set forth in subparagraph (C) of this paragraph. In

2 this paragraph (18), the term "wireless telephone

3 service provider" means a provider of commercial

4 mobile service as defined in 47 U.S.C. 332. The

5 petitioner may request the transfer of each telephone

6 number that the petitioner, or a minor child in his or

7 her custody, uses. The clerk of the court shall serve

8 the order on the wireless telephone service provider's

9 agent for service of process provided to the Illinois

10 Commerce Commission. The order shall contain all of

11 the following:

12 (i) The name and billing telephone number of

13 the account holder including the name of the

14 wireless telephone service provider that serves

15 the account.

16 (ii) Each telephone number that will be

17 transferred.

18 (iii) A statement that the provider transfers

19 to the petitioner all financial responsibility for

20 and right to the use of any telephone number

21 transferred under this paragraph.

22 (B) A wireless telephone service provider shall

23 terminate the respondent's use of, and shall transfer

24 to the petitioner use of, the telephone number or

25 numbers indicated in subparagraph (A) of this

26 paragraph unless it notifies the petitioner, within 72

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1 hours after it receives the order, that one of the

2 following applies:

3 (i) The account holder named in the order has

4 terminated the account.

5 (ii) A difference in network technology would

6 prevent or impair the functionality of a device on

7 a network if the transfer occurs.

8 (iii) The transfer would cause a geographic or

9 other limitation on network or service provision

10 to the petitioner.

11 (iv) Another technological or operational

12 issue would prevent or impair the use of the

13 telephone number if the transfer occurs.

14 (C) The petitioner assumes all financial

15 responsibility for and right to the use of any

16 telephone number transferred under this paragraph. In

17 this paragraph, "financial responsibility" includes

18 monthly service costs and costs associated with any

19 mobile device associated with the number.

20 (D) A wireless telephone service provider may

21 apply to the petitioner its routine and customary

22 requirements for establishing an account or

23 transferring a number, including requiring the

24 petitioner to provide proof of identification,

25 financial information, and customer preferences.

26 (E) Except for willful or wanton misconduct, a

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1 wireless telephone service provider is immune from

2 civil liability for its actions taken in compliance

3 with a court order issued under this paragraph.

4 (F) All wireless service providers that provide

5 services to residential customers shall provide to the

6 Illinois Commerce Commission the name and address of

7 an agent for service of orders entered under this

8 paragraph (18). Any change in status of the registered

9 agent must be reported to the Illinois Commerce

10 Commission within 30 days of such change.

11 (G) The Illinois Commerce Commission shall

12 maintain the list of registered agents for service for

13 each wireless telephone service provider on the

14 Commission's website. The Commission may consult with

15 wireless telephone service providers and the Circuit

16 Court Clerks on the manner in which this information

17 is provided and displayed.

18 (c) Relevant factors; findings.

19 (1) In determining whether to grant a specific remedy,

20 other than payment of support, the court shall consider

21 relevant factors, including, but not limited to, the

22 following:

23 (i) the nature, frequency, severity, pattern, and

24 consequences of the respondent's past abuse of the

25 petitioner or any family or household member,

26 including the concealment of his or her location in

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1 order to evade service of process or notice, and the

2 likelihood of danger of future abuse to petitioner or

3 any member of petitioner's or respondent's family or

4 household; and

5 (ii) the danger that any minor child will be

6 abused or neglected or improperly relocated from the

7 jurisdiction, improperly concealed within the State,

8 or improperly separated from the child's primary

9 caretaker.

10 (2) In comparing relative hardships resulting to the

11 parties from loss of possession of the family home, the

12 court shall consider relevant factors, including, but not

13 limited to, the following:

14 (i) availability, accessibility, cost, safety,

15 adequacy, location, and other characteristics of

16 alternate housing for each party and any minor child

17 or dependent adult in the party's care;

18 (ii) the effect on the party's employment; and

19 (iii) the effect on the relationship of the party,

20 and any minor child or dependent adult in the party's

21 care, to family, school, church, and community.

22 (3) Subject to the exceptions set forth in paragraph

23 (4) of this subsection (c), the court shall make its

24 findings in an official record or in writing, and shall at

25 a minimum set forth the following:

26 (i) That the court has considered the applicable

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1 relevant factors described in paragraphs (1) and (2)

2 of this subsection (c).

3 (ii) Whether the conduct or actions of respondent,

4 unless prohibited, will likely cause irreparable harm

5 or continued abuse.

6 (iii) Whether it is necessary to grant the

7 requested relief in order to protect petitioner or

8 other alleged abused persons.

9 (4) (Blank).

10 (5) Never married parties. No rights or

11 responsibilities for a minor child born outside of

12 marriage attach to a putative father until a father and

13 child relationship has been established under the Illinois

14 Parentage Act of 1984, the Illinois Parentage Act of 2015,

15 the Illinois Public Aid Code, Section 12 of the Vital

16 Records Act, the Juvenile Court Act of 1987, the Probate

17 Act of 1975, the Uniform Interstate Family Support Act,

18 the Expedited Child Support Act of 1990, any judicial,

19 administrative, or other act of another state or

20 territory, any other statute of this State, or by any

21 foreign nation establishing the father and child

22 relationship, any other proceeding substantially in

23 conformity with the federal Personal Responsibility and

24 Work Opportunity Reconciliation Act of 1996, or when both

25 parties appeared in open court or at an administrative

26 hearing acknowledging under oath or admitting by

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1 affirmation the existence of a father and child

2 relationship. Absent such an adjudication, no putative

3 father shall be granted temporary allocation of parental

4 responsibilities, including parenting time with the minor

5 child, or physical care and possession of the minor child,

6 nor shall an order of payment for support of the minor

7 child be entered.

8 (d) Balance of hardships; findings. If the court finds

9 that the balance of hardships does not support the granting of

10 a remedy governed by paragraph (2), (3), (10), (11), or (16) of

11 subsection (b) of this Section, which may require such

12 balancing, the court's findings shall so indicate and shall

13 include a finding as to whether granting the remedy will

14 result in hardship to respondent that would substantially

15 outweigh the hardship to petitioner from denial of the remedy.

16 The findings shall be an official record or in writing.

17 (e) Denial of remedies. Denial of any remedy shall not be

18 based, in whole or in part, on evidence that:

19 (1) respondent has cause for any use of force, unless

20 that cause satisfies the standards for justifiable use of

21 force provided by Article 7 of the Criminal Code of 2012;

22 (2) respondent was voluntarily intoxicated;

23 (3) petitioner acted in self-defense or defense of

24 another, provided that, if petitioner utilized force, such

25 force was justifiable under Article 7 of the Criminal Code

26 of 2012;

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1 (4) petitioner did not act in self-defense or defense

2 of another;

3 (5) petitioner left the residence or household to

4 avoid further abuse by respondent;

5 (6) petitioner did not leave the residence or

6 household to avoid further abuse by respondent; or

7 (7) conduct by any family or household member excused

8 the abuse by respondent, unless that same conduct would

9 have excused such abuse if the parties had not been family

10 or household members.

11 (Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22;

12 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)

13 Section 10. The Illinois Domestic Violence Act of 1986 is

14 amended by changing Sections 103 and 214 as follows:

15 (750 ILCS 60/103) (from Ch. 40, par. 2311-3)

16 Sec. 103. Definitions. For the purposes of this Act, the

17 following terms shall have the following meanings:

18 (1) "Abuse" means physical abuse, harassment, intimidation

19 of a dependent, interference with personal liberty or willful

20 deprivation but does not include reasonable direction of a

21 minor child by a parent or person in loco parentis. "Abuse"

22 includes the infliction of fear of imminent conduct described

23 in Section 3.01, 3.02, or 3.03 of the Humane Care for Animals

24 Act or Section 12-35 of the Criminal Code of 2012, taken

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1 against a domestic animal when used as a method of coercion,

2 control, punishment, intimidation, or revenge directed against

3 a family member or member of an unmarried couple who has a

4 close bond of affection to the domestic animal.

5 (2) "Adult with disabilities" means an elder adult with

6 disabilities or a high-risk adult with disabilities. A person

7 may be an adult with disabilities for purposes of this Act even

8 though he or she has never been adjudicated an incompetent

9 adult. However, no court proceeding may be initiated or

10 continued on behalf of an adult with disabilities over that

11 adult's objection, unless such proceeding is approved by his

12 or her legal guardian, if any.

13 (2.5) "Domestic animal" means a dog, cat, or other animal

14 that is domesticated and kept as a household pet, but does not

15 include animals normally raised for agricultural or commercial

16 purposes.

17 (3) "Domestic violence" means abuse as defined in

18 paragraph (1).

19 (4) "Elder adult with disabilities" means an adult

20 prevented by advanced age from taking appropriate action to

21 protect himself or herself from abuse by a family or household

22 member.

23 (5) "Exploitation" means the illegal, including tortious,

24 use of a high-risk adult with disabilities or of the assets or

25 resources of a high-risk adult with disabilities. Exploitation

26 includes, but is not limited to, the misappropriation of

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1 assets or resources of a high-risk adult with disabilities by

2 undue influence, by breach of a fiduciary relationship, by

3 fraud, deception, or extortion, or the use of such assets or

4 resources in a manner contrary to law.

5 (6) "Family or household members" include spouses, former

6 spouses, parents, children, stepchildren and other persons

7 related by blood or by present or prior marriage, persons who

8 share or formerly shared a common dwelling, persons who have

9 or allegedly have a child in common, persons who share or

10 allegedly share a blood relationship through a child, persons

11 who have or have had a dating or engagement relationship,

12 persons with disabilities and their personal assistants, and

13 caregivers as defined in Section 12-4.4a of the Criminal Code

14 of 2012. For purposes of this paragraph, neither a casual

15 acquaintanceship nor ordinary fraternization between 2

16 individuals in business or social contexts shall be deemed to

17 constitute a dating relationship. In the case of a high-risk

18 adult with disabilities, "family or household members"

19 includes any person who has the responsibility for a high-risk

20 adult as a result of a family relationship or who has assumed

21 responsibility for all or a portion of the care of a high-risk

22 adult with disabilities voluntarily, or by express or implied

23 contract, or by court order.

24 (7) "Harassment" means knowing conduct which is not

25 necessary to accomplish a purpose that is reasonable under the

26 circumstances; would cause a reasonable person emotional

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1 distress; and does cause emotional distress to the petitioner.

2 Unless the presumption is rebutted by a preponderance of the

3 evidence, the following types of conduct shall be presumed to

4 cause emotional distress:

5 (i) creating a disturbance at petitioner's place of

6 employment or school;

7 (ii) repeatedly telephoning petitioner's place of

8 employment, home or residence;

9 (iii) repeatedly following petitioner about in a

10 public place or places;

11 (iv) repeatedly keeping petitioner under surveillance

12 by remaining present outside his or her home, school,

13 place of employment, vehicle or other place occupied by

14 petitioner or by peering in petitioner's windows;

15 (v) improperly concealing a minor child from

16 petitioner, repeatedly threatening to improperly remove a

17 minor child of petitioner's from the jurisdiction or from

18 the physical care of petitioner, repeatedly threatening to

19 conceal a minor child from petitioner, or making a single

20 such threat following an actual or attempted improper

21 removal or concealment, unless respondent was fleeing an

22 incident or pattern of domestic violence; or

23 (vi) threatening physical force, confinement or

24 restraint on one or more occasions.

25 (8) "High-risk adult with disabilities" means a person

26 aged 18 or over whose physical or mental disability impairs

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1 his or her ability to seek or obtain protection from abuse,

2 neglect, or exploitation.

3 (9) "Interference with personal liberty" means committing

4 or threatening physical abuse, harassment, intimidation or

5 willful deprivation so as to compel another to engage in

6 conduct from which she or he has a right to abstain or to

7 refrain from conduct in which she or he has a right to engage.

8 (10) "Intimidation of a dependent" means subjecting a

9 person who is dependent because of age, health or disability

10 to participation in or the witnessing of: physical force

11 against another or physical confinement or restraint of

12 another which constitutes physical abuse as defined in this

13 Act, regardless of whether the abused person is a family or

14 household member.

15 (11) (A) "Neglect" means the failure to exercise that

16 degree of care toward a high-risk adult with disabilities

17 which a reasonable person would exercise under the

18 circumstances and includes but is not limited to:

19 (i) the failure to take reasonable steps to protect a

20 high-risk adult with disabilities from acts of abuse;

21 (ii) the repeated, careless imposition of unreasonable

22 confinement;

23 (iii) the failure to provide food, shelter, clothing,

24 and personal hygiene to a high-risk adult with

25 disabilities who requires such assistance;

26 (iv) the failure to provide medical and rehabilitative

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1 care for the physical and mental health needs of a

2 high-risk adult with disabilities; or

3 (v) the failure to protect a high-risk adult with

4 disabilities from health and safety hazards.

5 (B) Nothing in this subsection (10) shall be construed to

6 impose a requirement that assistance be provided to a

7 high-risk adult with disabilities over his or her objection in

8 the absence of a court order, nor to create any new affirmative

9 duty to provide support to a high-risk adult with

10 disabilities.

11 (12) "Order of protection" means an emergency order,

12 interim order or plenary order, granted pursuant to this Act,

13 which includes any or all of the remedies authorized by

14 Section 214 of this Act.

15 (13) "Petitioner" may mean not only any named petitioner

16 for the order of protection and any named victim of abuse on

17 whose behalf the petition is brought, but also any other

18 person protected by this Act.

19 (14) "Physical abuse" includes sexual abuse and means any

20 of the following:

21 (i) knowing or reckless use of physical force,

22 confinement or restraint;

23 (ii) knowing, repeated and unnecessary sleep

24 deprivation; or

25 (iii) knowing or reckless conduct which creates an

26 immediate risk of physical harm.

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1 (14.5) "Stay away" means for the respondent to refrain

2 from both physical presence and nonphysical contact with the

3 petitioner whether direct, indirect (including, but not

4 limited to, telephone calls, mail, email, faxes, and written

5 notes), or through third parties who may or may not know about

6 the order of protection.

7 (15) "Willful deprivation" means wilfully denying a person

8 who because of age, health or disability requires medication,

9 medical care, shelter, accessible shelter or services, food,

10 therapeutic device, or other physical assistance, and thereby

11 exposing that person to the risk of physical, mental or

12 emotional harm, except with regard to medical care or

13 treatment when the dependent person has expressed an intent to

14 forgo such medical care or treatment. This paragraph does not

15 create any new affirmative duty to provide support to

16 dependent persons.

17 (Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)

18 (750 ILCS 60/214) (from Ch. 40, par. 2312-14)

19 Sec. 214. Order of protection; remedies.

20 (a) Issuance of order. If the court finds that petitioner

21 has been abused by a family or household member or that

22 petitioner is a high-risk adult who has been abused,

23 neglected, or exploited, as defined in this Act, an order of

24 protection prohibiting the abuse, neglect, or exploitation

25 shall issue; provided that petitioner must also satisfy the

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1 requirements of one of the following Sections, as appropriate:

2 Section 217 on emergency orders, Section 218 on interim

3 orders, or Section 219 on plenary orders. Petitioner shall not

4 be denied an order of protection because petitioner or

5 respondent is a minor. The court, when determining whether or

6 not to issue an order of protection, shall not require

7 physical manifestations of abuse on the person of the victim.

8 Modification and extension of prior orders of protection shall

9 be in accordance with this Act.

10 (b) Remedies and standards. The remedies to be included in

11 an order of protection shall be determined in accordance with

12 this Section and one of the following Sections, as

13 appropriate: Section 217 on emergency orders, Section 218 on

14 interim orders, and Section 219 on plenary orders. The

15 remedies listed in this subsection shall be in addition to

16 other civil or criminal remedies available to petitioner.

17 (1) Prohibition of abuse, neglect, or exploitation.

18 Prohibit respondent's harassment, interference with

19 personal liberty, intimidation of a dependent, physical

20 abuse, or willful deprivation, neglect or exploitation, as

21 defined in this Act, or stalking of the petitioner, as

22 defined in Section 12-7.3 of the Criminal Code of 2012, if

23 such abuse, neglect, exploitation, or stalking has

24 occurred or otherwise appears likely to occur if not

25 prohibited.

26 (2) Grant of exclusive possession of residence.

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1 Prohibit respondent from entering or remaining in any

2 residence, household, or premises of the petitioner,

3 including one owned or leased by respondent, if petitioner

4 has a right to occupancy thereof. The grant of exclusive

5 possession of the residence, household, or premises shall

6 not affect title to real property, nor shall the court be

7 limited by the standard set forth in subsection (c-2) of

8 Section 501 of the Illinois Marriage and Dissolution of

9 Marriage Act.

10 (A) Right to occupancy. A party has a right to

11 occupancy of a residence or household if it is solely

12 or jointly owned or leased by that party, that party's

13 spouse, a person with a legal duty to support that

14 party or a minor child in that party's care, or by any

15 person or entity other than the opposing party that

16 authorizes that party's occupancy (e.g., a domestic

17 violence shelter). Standards set forth in subparagraph

18 (B) shall not preclude equitable relief.

19 (B) Presumption of hardships. If petitioner and

20 respondent each has the right to occupancy of a

21 residence or household, the court shall balance (i)

22 the hardships to respondent and any minor child or

23 dependent adult in respondent's care resulting from

24 entry of this remedy with (ii) the hardships to

25 petitioner and any minor child or dependent adult in

26 petitioner's care resulting from continued exposure to

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1 the risk of abuse (should petitioner remain at the

2 residence or household) or from loss of possession of

3 the residence or household (should petitioner leave to

4 avoid the risk of abuse). When determining the balance

5 of hardships, the court shall also take into account

6 the accessibility of the residence or household.

7 Hardships need not be balanced if respondent does not

8 have a right to occupancy.

9 The balance of hardships is presumed to favor

10 possession by petitioner unless the presumption is

11 rebutted by a preponderance of the evidence, showing

12 that the hardships to respondent substantially

13 outweigh the hardships to petitioner and any minor

14 child or dependent adult in petitioner's care. The

15 court, on the request of petitioner or on its own

16 motion, may order respondent to provide suitable,

17 accessible, alternate housing for petitioner instead

18 of excluding respondent from a mutual residence or

19 household.

20 (3) Stay away order and additional prohibitions. Order

21 respondent to stay away from petitioner or any other

22 person protected by the order of protection, or prohibit

23 respondent from entering or remaining present at

24 petitioner's school, place of employment, or other

25 specified places at times when petitioner is present, or

26 both, if reasonable, given the balance of hardships.

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1 Hardships need not be balanced for the court to enter a

2 stay away order or prohibit entry if respondent has no

3 right to enter the premises.

4 (A) If an order of protection grants petitioner

5 exclusive possession of the residence, or prohibits

6 respondent from entering the residence, or orders

7 respondent to stay away from petitioner or other

8 protected persons, then the court may allow respondent

9 access to the residence to remove items of clothing

10 and personal adornment used exclusively by respondent,

11 medications, and other items as the court directs. The

12 right to access shall be exercised on only one

13 occasion as the court directs and in the presence of an

14 agreed-upon adult third party or law enforcement

15 officer.

16 (B) When the petitioner and the respondent attend

17 the same public, private, or non-public elementary,

18 middle, or high school, the court when issuing an

19 order of protection and providing relief shall

20 consider the severity of the act, any continuing

21 physical danger or emotional distress to the

22 petitioner, the educational rights guaranteed to the

23 petitioner and respondent under federal and State law,

24 the availability of a transfer of the respondent to

25 another school, a change of placement or a change of

26 program of the respondent, the expense, difficulty,

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1 and educational disruption that would be caused by a

2 transfer of the respondent to another school, and any

3 other relevant facts of the case. The court may order

4 that the respondent not attend the public, private, or

5 non-public elementary, middle, or high school attended

6 by the petitioner, order that the respondent accept a

7 change of placement or change of program, as

8 determined by the school district or private or

9 non-public school, or place restrictions on the

10 respondent's movements within the school attended by

11 the petitioner. The respondent bears the burden of

12 proving by a preponderance of the evidence that a

13 transfer, change of placement, or change of program of

14 the respondent is not available. The respondent also

15 bears the burden of production with respect to the

16 expense, difficulty, and educational disruption that

17 would be caused by a transfer of the respondent to

18 another school. A transfer, change of placement, or

19 change of program is not unavailable to the respondent

20 solely on the ground that the respondent does not

21 agree with the school district's or private or

22 non-public school's transfer, change of placement, or

23 change of program or solely on the ground that the

24 respondent fails or refuses to consent or otherwise

25 does not take an action required to effectuate a

26 transfer, change of placement, or change of program.

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1 When a court orders a respondent to stay away from the

2 public, private, or non-public school attended by the

3 petitioner and the respondent requests a transfer to

4 another attendance center within the respondent's

5 school district or private or non-public school, the

6 school district or private or non-public school shall

7 have sole discretion to determine the attendance

8 center to which the respondent is transferred. In the

9 event the court order results in a transfer of the

10 minor respondent to another attendance center, a

11 change in the respondent's placement, or a change of

12 the respondent's program, the parents, guardian, or

13 legal custodian of the respondent is responsible for

14 transportation and other costs associated with the

15 transfer or change.

16 (C) The court may order the parents, guardian, or

17 legal custodian of a minor respondent to take certain

18 actions or to refrain from taking certain actions to

19 ensure that the respondent complies with the order. In

20 the event the court orders a transfer of the

21 respondent to another school, the parents, guardian,

22 or legal custodian of the respondent is responsible

23 for transportation and other costs associated with the

24 change of school by the respondent.

25 (4) Counseling. Require or recommend the respondent to

26 undergo counseling for a specified duration with a social

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1 worker, psychologist, clinical psychologist,

2 psychiatrist, family service agency, alcohol or substance

3 abuse program, mental health center guidance counselor,

4 agency providing services to elders, program designed for

5 domestic violence abusers or any other guidance service

6 the court deems appropriate. The Court may order the

7 respondent in any intimate partner relationship to report

8 to an Illinois Department of Human Services protocol

9 approved partner abuse intervention program for an

10 assessment and to follow all recommended treatment.

11 (5) Physical care and possession of the minor child.

12 In order to protect the minor child from abuse, neglect,

13 or unwarranted separation from the person who has been the

14 minor child's primary caretaker, or to otherwise protect

15 the well-being of the minor child, the court may do either

16 or both of the following: (i) grant petitioner physical

17 care or possession of the minor child, or both, or (ii)

18 order respondent to return a minor child to, or not remove

19 a minor child from, the physical care of a parent or person

20 in loco parentis.

21 If a court finds, after a hearing, that respondent has

22 committed abuse (as defined in Section 103) of a minor

23 child, there shall be a rebuttable presumption that

24 awarding physical care to respondent would not be in the

25 minor child's best interest.

26 (6) Temporary allocation of parental responsibilities:

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1 significant decision-making. Award temporary

2 decision-making responsibility to petitioner in accordance

3 with this Section, the Illinois Marriage and Dissolution

4 of Marriage Act, the Illinois Parentage Act of 2015, and

5 this State's Uniform Child-Custody Jurisdiction and

6 Enforcement Act.

7 If a court finds, after a hearing, that respondent has

8 committed abuse (as defined in Section 103) of a minor

9 child, there shall be a rebuttable presumption that

10 awarding temporary significant decision-making

11 responsibility to respondent would not be in the child's

12 best interest.

13 (7) Parenting time. Determine the parenting time, if

14 any, of respondent in any case in which the court awards

15 physical care or allocates temporary significant

16 decision-making responsibility of a minor child to

17 petitioner. The court shall restrict or deny respondent's

18 parenting time with a minor child if the court finds that

19 respondent has done or is likely to do any of the

20 following: (i) abuse or endanger the minor child during

21 parenting time; (ii) use the parenting time as an

22 opportunity to abuse or harass petitioner or petitioner's

23 family or household members; (iii) improperly conceal or

24 detain the minor child; or (iv) otherwise act in a manner

25 that is not in the best interests of the minor child. The

26 court shall not be limited by the standards set forth in

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1 Section 603.10 of the Illinois Marriage and Dissolution of

2 Marriage Act. If the court grants parenting time, the

3 order shall specify dates and times for the parenting time

4 to take place or other specific parameters or conditions

5 that are appropriate. No order for parenting time shall

6 refer merely to the term "reasonable parenting time".

7 Petitioner may deny respondent access to the minor

8 child if, when respondent arrives for parenting time,

9 respondent is under the influence of drugs or alcohol and

10 constitutes a threat to the safety and well-being of

11 petitioner or petitioner's minor children or is behaving

12 in a violent or abusive manner.

13 If necessary to protect any member of petitioner's

14 family or household from future abuse, respondent shall be

15 prohibited from coming to petitioner's residence to meet

16 the minor child for parenting time, and the parties shall

17 submit to the court their recommendations for reasonable

18 alternative arrangements for parenting time. A person may

19 be approved to supervise parenting time only after filing

20 an affidavit accepting that responsibility and

21 acknowledging accountability to the court.

22 (8) Removal or concealment of minor child. Prohibit

23 respondent from removing a minor child from the State or

24 concealing the child within the State.

25 (9) Order to appear. Order the respondent to appear in

26 court, alone or with a minor child, to prevent abuse,

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1 neglect, removal or concealment of the child, to return

2 the child to the custody or care of the petitioner or to

3 permit any court-ordered interview or examination of the

4 child or the respondent.

5 (10) Possession of personal property. Grant petitioner

6 exclusive possession of personal property and, if

7 respondent has possession or control, direct respondent to

8 promptly make it available to petitioner, if:

9 (i) petitioner, but not respondent, owns the

10 property; or

11 (ii) the parties own the property jointly; sharing

12 it would risk abuse of petitioner by respondent or is

13 impracticable; and the balance of hardships favors

14 temporary possession by petitioner.

15 If petitioner's sole claim to ownership of the

16 property is that it is marital property, the court may

17 award petitioner temporary possession thereof under the

18 standards of subparagraph (ii) of this paragraph only if a

19 proper proceeding has been filed under the Illinois

20 Marriage and Dissolution of Marriage Act, as now or

21 hereafter amended.

22 No order under this provision shall affect title to

23 property.

24 (11) Protection of property. Forbid the respondent

25 from taking, transferring, encumbering, concealing,

26 damaging or otherwise disposing of any real or personal

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1 property, except as explicitly authorized by the court,

2 if:

3 (i) petitioner, but not respondent, owns the

4 property; or

5 (ii) the parties own the property jointly, and the

6 balance of hardships favors granting this remedy.

7 If petitioner's sole claim to ownership of the

8 property is that it is marital property, the court may

9 grant petitioner relief under subparagraph (ii) of this

10 paragraph only if a proper proceeding has been filed under

11 the Illinois Marriage and Dissolution of Marriage Act, as

12 now or hereafter amended.

13 The court may further prohibit respondent from

14 improperly using the financial or other resources of an

15 aged member of the family or household for the profit or

16 advantage of respondent or of any other person.

17 (11.5) Protection of domestic animals. Grant the

18 petitioner the exclusive care, custody, or control of any

19 domestic animal owned, possessed, leased, kept, or held by

20 either the petitioner or the respondent or a minor child

21 residing in the residence or household of either the

22 petitioner or the respondent and order the respondent to

23 stay away from the domestic animal and forbid the

24 respondent from taking, transferring, encumbering,

25 concealing, harming, or otherwise disposing of the

26 domesticanimal.

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1 (12) Order for payment of support. Order respondent to

2 pay temporary support for the petitioner or any child in

3 the petitioner's care or over whom the petitioner has been

4 allocated parental responsibility, when the respondent has

5 a legal obligation to support that person, in accordance

6 with the Illinois Marriage and Dissolution of Marriage

7 Act, which shall govern, among other matters, the amount

8 of support, payment through the clerk and withholding of

9 income to secure payment. An order for child support may

10 be granted to a petitioner with lawful physical care of a

11 child, or an order or agreement for physical care of a

12 child, prior to entry of an order allocating significant

13 decision-making responsibility. Such a support order shall

14 expire upon entry of a valid order allocating parental

15 responsibility differently and vacating the petitioner's

16 significant decision-making authority, unless otherwise

17 provided in the order.

18 (13) Order for payment of losses. Order respondent to

19 pay petitioner for losses suffered as a direct result of

20 the abuse, neglect, or exploitation. Such losses shall

21 include, but not be limited to, medical expenses, lost

22 earnings or other support, repair or replacement of

23 property damaged or taken, reasonable attorney's fees,

24 court costs and moving or other travel expenses, including

25 additional reasonable expenses for temporary shelter and

26 restaurant meals.

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1 (i) Losses affecting family needs. If a party is

2 entitled to seek maintenance, child support or

3 property distribution from the other party under the

4 Illinois Marriage and Dissolution of Marriage Act, as

5 now or hereafter amended, the court may order

6 respondent to reimburse petitioner's actual losses, to

7 the extent that such reimbursement would be

8 "appropriate temporary relief", as authorized by

9 subsection (a)(3) of Section 501 of that Act.

10 (ii) Recovery of expenses. In the case of an

11 improper concealment or removal of a minor child, the

12 court may order respondent to pay the reasonable

13 expenses incurred or to be incurred in the search for

14 and recovery of the minor child, including but not

15 limited to legal fees, court costs, private

16 investigator fees, and travel costs.

17 (14) Prohibition of entry. Prohibit the respondent

18 from entering or remaining in the residence or household

19 while the respondent is under the influence of alcohol or

20 drugs and constitutes a threat to the safety and

21 well-being of the petitioner or the petitioner's children.

22 (14.5) Prohibition of firearm possession.

23 (a) Prohibit a respondent against whom an order of

24 protection was issued from possessing any firearms

25 during the duration of the order if the order:

26 (1) was issued after a hearing of which such

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1 person received actual notice, and at which such

2 person had an opportunity to participate;

3 (2) restrains such person from harassing,

4 stalking, or threatening an intimate partner of

5 such person or child of such intimate partner or

6 person, or engaging in other conduct that would

7 place an intimate partner in reasonable fear of

8 bodily injury to the partner or child; and

9 (3)(i) includes a finding that such person

10 represents a credible threat to the physical

11 safety of such intimate partner or child; or (ii)

12 by its terms explicitly prohibits the use,

13 attempted use, or threatened use of physical force

14 against such intimate partner or child that would

15 reasonably be expected to cause bodily injury.

16 Any Firearm Owner's Identification Card in the

17 possession of the respondent, except as provided in

18 subsection (b), shall be ordered by the court to be

19 turned over to the local law enforcement agency. The

20 local law enforcement agency shall immediately mail

21 the card to the Illinois State Police Firearm Owner's

22 Identification Card Office for safekeeping. The court

23 shall issue a warrant for seizure of any firearm in the

24 possession of the respondent, to be kept by the local

25 law enforcement agency for safekeeping, except as

26 provided in subsection (b). The period of safekeeping

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1 shall be for the duration of the order of protection.

2 The firearm or firearms and Firearm Owner's

3 Identification Card, if unexpired, shall at the

4 respondent's request, be returned to the respondent at

5 the end of the order of protection. It is the

6 respondent's responsibility to notify the Illinois

7 State Police Firearm Owner's Identification Card

8 Office.

9 (b) If the respondent is a peace officer as

10 defined in Section 2-13 of the Criminal Code of 2012,

11 the court shall order that any firearms used by the

12 respondent in the performance of his or her duties as a

13 peace officer be surrendered to the chief law

14 enforcement executive of the agency in which the

15 respondent is employed, who shall retain the firearms

16 for safekeeping for the duration of the order of

17 protection.

18 (c) Upon expiration of the period of safekeeping,

19 if the firearms or Firearm Owner's Identification Card

20 cannot be returned to respondent because respondent

21 cannot be located, fails to respond to requests to

22 retrieve the firearms, or is not lawfully eligible to

23 possess a firearm, upon petition from the local law

24 enforcement agency, the court may order the local law

25 enforcement agency to destroy the firearms, use the

26 firearms for training purposes, or for any other

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1 application as deemed appropriate by the local law

2 enforcement agency; or that the firearms be turned

3 over to a third party who is lawfully eligible to

4 possess firearms, and who does not reside with

5 respondent.

6 (15) Prohibition of access to records. If an order of

7 protection prohibits respondent from having contact with

8 the minor child, or if petitioner's address is omitted

9 under subsection (b) of Section 203, or if necessary to

10 prevent abuse or wrongful removal or concealment of a

11 minor child, the order shall deny respondent access to,

12 and prohibit respondent from inspecting, obtaining, or

13 attempting to inspect or obtain, school or any other

14 records of the minor child who is in the care of

15 petitioner.

16 (16) Order for payment of shelter services. Order

17 respondent to reimburse a shelter providing temporary

18 housing and counseling services to the petitioner for the

19 cost of the services, as certified by the shelter and

20 deemed reasonable by the court.

21 (17) Order for injunctive relief. Enter injunctive

22 relief necessary or appropriate to prevent further abuse

23 of a family or household member or further abuse, neglect,

24 or exploitation of a high-risk adult with disabilities or

25 to effectuate one of the granted remedies, if supported by

26 the balance of hardships. If the harm to be prevented by

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1 the injunction is abuse or any other harm that one of the

2 remedies listed in paragraphs (1) through (16) of this

3 subsection is designed to prevent, no further evidence is

4 necessary that the harm is an irreparable injury.

5 (18) Telephone services.

6 (A) Unless a condition described in subparagraph

7 (B) of this paragraph exists, the court may, upon

8 request by the petitioner, order a wireless telephone

9 service provider to transfer to the petitioner the

10 right to continue to use a telephone number or numbers

11 indicated by the petitioner and the financial

12 responsibility associated with the number or numbers,

13 as set forth in subparagraph (C) of this paragraph.

14 For purposes of this paragraph (18), the term

15 "wireless telephone service provider" means a provider

16 of commercial mobile service as defined in 47 U.S.C.

17 332. The petitioner may request the transfer of each

18 telephone number that the petitioner, or a minor child

19 in his or her custody, uses. The clerk of the court

20 shall serve the order on the wireless telephone

21 service provider's agent for service of process

22 provided to the Illinois Commerce Commission. The

23 order shall contain all of the following:

24 (i) The name and billing telephone number of

25 the account holder including the name of the

26 wireless telephone service provider that serves

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1 the account.

2 (ii) Each telephone number that will be

3 transferred.

4 (iii) A statement that the provider transfers

5 to the petitioner all financial responsibility for

6 and right to the use of any telephone number

7 transferred under this paragraph.

8 (B) A wireless telephone service provider shall

9 terminate the respondent's use of, and shall transfer

10 to the petitioner use of, the telephone number or

11 numbers indicated in subparagraph (A) of this

12 paragraph unless it notifies the petitioner, within 72

13 hours after it receives the order, that one of the

14 following applies:

15 (i) The account holder named in the order has

16 terminated the account.

17 (ii) A difference in network technology would

18 prevent or impair the functionality of a device on

19 a network if the transfer occurs.

20 (iii) The transfer would cause a geographic or

21 other limitation on network or service provision

22 to the petitioner.

23 (iv) Another technological or operational

24 issue would prevent or impair the use of the

25 telephone number if the transfer occurs.

26 (C) The petitioner assumes all financial

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1 responsibility for and right to the use of any

2 telephone number transferred under this paragraph. In

3 this paragraph, "financial responsibility" includes

4 monthly service costs and costs associated with any

5 mobile device associated with the number.

6 (D) A wireless telephone service provider may

7 apply to the petitioner its routine and customary

8 requirements for establishing an account or

9 transferring a number, including requiring the

10 petitioner to provide proof of identification,

11 financial information, and customer preferences.

12 (E) Except for willful or wanton misconduct, a

13 wireless telephone service provider is immune from

14 civil liability for its actions taken in compliance

15 with a court order issued under this paragraph.

16 (F) All wireless service providers that provide

17 services to residential customers shall provide to the

18 Illinois Commerce Commission the name and address of

19 an agent for service of orders entered under this

20 paragraph (18). Any change in status of the registered

21 agent must be reported to the Illinois Commerce

22 Commission within 30 days of such change.

23 (G) The Illinois Commerce Commission shall

24 maintain the list of registered agents for service for

25 each wireless telephone service provider on the

26 Commission's website. The Commission may consult with

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1 wireless telephone service providers and the Circuit

2 Court Clerks on the manner in which this information

3 is provided and displayed.

4 (c) Relevant factors; findings.

5 (1) In determining whether to grant a specific remedy,

6 other than payment of support, the court shall consider

7 relevant factors, including but not limited to the

8 following:

9 (i) the nature, frequency, severity, pattern and

10 consequences of the respondent's past abuse, neglect

11 or exploitation of the petitioner or any family or

12 household member, including the concealment of his or

13 her location in order to evade service of process or

14 notice, and the likelihood of danger of future abuse,

15 neglect, or exploitation to petitioner or any member

16 of petitioner's or respondent's family or household;

17 and

18 (ii) the danger that any minor child will be

19 abused or neglected or improperly relocated from the

20 jurisdiction, improperly concealed within the State or

21 improperly separated from the child's primary

22 caretaker.

23 (2) In comparing relative hardships resulting to the

24 parties from loss of possession of the family home, the

25 court shall consider relevant factors, including but not

26 limited to the following:

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1 (i) availability, accessibility, cost, safety,

2 adequacy, location and other characteristics of

3 alternate housing for each party and any minor child

4 or dependent adult in the party's care;

5 (ii) the effect on the party's employment; and

6 (iii) the effect on the relationship of the party,

7 and any minor child or dependent adult in the party's

8 care, to family, school, church and community.

9 (3) Subject to the exceptions set forth in paragraph

10 (4) of this subsection, the court shall make its findings

11 in an official record or in writing, and shall at a minimum

12 set forth the following:

13 (i) That the court has considered the applicable

14 relevant factors described in paragraphs (1) and (2)

15 of this subsection.

16 (ii) Whether the conduct or actions of respondent,

17 unless prohibited, will likely cause irreparable harm

18 or continued abuse.

19 (iii) Whether it is necessary to grant the

20 requested relief in order to protect petitioner or

21 other alleged abused persons.

22 (4) For purposes of issuing an ex parte emergency

23 order of protection, the court, as an alternative to or as

24 a supplement to making the findings described in

25 paragraphs (c)(3)(i) through (c)(3)(iii) of this

26 subsection, may use the following procedure:

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1 When a verified petition for an emergency order of

2 protection in accordance with the requirements of Sections

3 203 and 217 is presented to the court, the court shall

4 examine petitioner on oath or affirmation. An emergency

5 order of protection shall be issued by the court if it

6 appears from the contents of the petition and the

7 examination of petitioner that the averments are

8 sufficient to indicate abuse by respondent and to support

9 the granting of relief under the issuance of the emergency

10 order of protection.

11 (5) Never married parties. No rights or

12 responsibilities for a minor child born outside of

13 marriage attach to a putative father until a father and

14 child relationship has been established under the Illinois

15 Parentage Act of 1984, the Illinois Parentage Act of 2015,

16 the Illinois Public Aid Code, Section 12 of the Vital

17 Records Act, the Juvenile Court Act of 1987, the Probate

18 Act of 1975, the Revised Uniform Reciprocal Enforcement of

19 Support Act, the Uniform Interstate Family Support Act,

20 the Expedited Child Support Act of 1990, any judicial,

21 administrative, or other act of another state or

22 territory, any other Illinois statute, or by any foreign

23 nation establishing the father and child relationship, any

24 other proceeding substantially in conformity with the

25 Personal Responsibility and Work Opportunity

26 Reconciliation Act of 1996 (Pub. L. 104-193), or where

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1 both parties appeared in open court or at an

2 administrative hearing acknowledging under oath or

3 admitting by affirmation the existence of a father and

4 child relationship. Absent such an adjudication, finding,

5 or acknowledgment, no putative father shall be granted

6 temporary allocation of parental responsibilities,

7 including parenting time with the minor child, or physical

8 care and possession of the minor child, nor shall an order

9 of payment for support of the minor child be entered.

10 (d) Balance of hardships; findings. If the court finds

11 that the balance of hardships does not support the granting of

12 a remedy governed by paragraph (2), (3), (10), (11), or (16) of

13 subsection (b) of this Section, which may require such

14 balancing, the court's findings shall so indicate and shall

15 include a finding as to whether granting the remedy will

16 result in hardship to respondent that would substantially

17 outweigh the hardship to petitioner from denial of the remedy.

18 The findings shall be an official record or in writing.

19 (e) Denial of remedies. Denial of any remedy shall not be

20 based, in whole or in part, on evidence that:

21 (1) Respondent has cause for any use of force, unless

22 that cause satisfies the standards for justifiable use of

23 force provided by Article 7 of the Criminal Code of 2012;

24 (2) Respondent was voluntarily intoxicated;

25 (3) Petitioner acted in self-defense or defense of

26 another, provided that, if petitioner utilized force, such

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1 force was justifiable under Article 7 of the Criminal Code

2 of 2012;

3 (4) Petitioner did not act in self-defense or defense

4 of another;

5 (5) Petitioner left the residence or household to

6 avoid further abuse, neglect, or exploitation by

7 respondent;

8 (6) Petitioner did not leave the residence or

9 household to avoid further abuse, neglect, or exploitation

10 by respondent;

11 (7) Conduct by any family or household member excused

12 the abuse, neglect, or exploitation by respondent, unless

13 that same conduct would have excused such abuse, neglect,

14 or exploitation if the parties had not been family or

15 household members.

16 (Source: P.A. 102-538, eff. 8-20-21.)