Bill Text: IL HB5489 | 2009-2010 | 96th General Assembly | Enrolled

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Bill Title: Amends the Code of Criminal Procedure of 1963 and the Illinois Domestic Violence Act of 1986. Makes changes so that the civil and criminal statutes relating to remedies when the court issues an order of protection are consistent.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2010-07-23 - Public Act . . . . . . . . . 96-1239 [HB5489 Detail]

Download: Illinois-2009-HB5489-Enrolled.html

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HB5489 Enrolled LRB096 17403 RLC 32756 b
AN ACT concerning orders of protection.
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-14 and 112A-17 as follows:
(725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14)
Sec. 112A-14. Order of protection; remedies.
(a) Issuance of order. If the court finds that petitioner
has been abused by a family or household member, as defined in
this Article, an order of protection prohibiting such abuse
shall issue; provided that petitioner must also satisfy the
requirements of one of the following Sections, as appropriate:
Section 112A-17 on emergency orders, Section 112A-18 on interim
orders, or Section 112A-19 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 Article.
(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:

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Section 112A-17 on emergency orders, Section 112A-18 on interim
orders, and Section 112A-19 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. 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, or 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 Section 701 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

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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
motion, may order respondent to provide suitable,

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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.
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.
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.
(4) Counseling. Require or recommend the respondent to
undergo counseling for a specified duration with a social
worker, psychologist, clinical psychologist, psychiatrist,

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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 112A-3) 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 legal custody. Award temporary legal
custody to petitioner in accordance with this Section, the

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Illinois Marriage and Dissolution of Marriage Act, the
Illinois Parentage Act of 1984, 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 112A-3) of a minor
child, there shall be a rebuttable presumption that
awarding temporary legal custody to respondent would not be
in the child's best interest.
(7) Visitation. Determine the visitation rights, if
any, of respondent in any case in which the court awards
physical care or temporary legal custody of a minor child
to petitioner. The court shall restrict or deny
respondent's visitation 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
visitation; (ii) use the visitation 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 607.1
of the Illinois Marriage and Dissolution of Marriage Act.
If the court grants visitation, the order shall specify
dates and times for the visitation to take place or other
specific parameters or conditions that are appropriate. No
order for visitation shall refer merely to the term

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"reasonable visitation".
Petitioner may deny respondent access to the minor
child if, when respondent arrives for visitation,
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 visitation, and the parties shall
submit to the court their recommendations for reasonable
alternative arrangements for visitation. A person may be
approved to supervise visitation 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

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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
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.

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If petitioner's sole claim to ownership of the property
is that it is marital property, the court may grant
petitioner relief under subparagraph (ii) of this
paragraph only if a proper proceeding has been filed under
the Illinois Marriage and Dissolution of Marriage Act, as
now or hereafter amended.
The court may further prohibit respondent from
improperly using the financial or other resources of an
aged member of the family or household for the profit or
advantage of respondent or of any other person.
(11.5) Protection of animals. Grant the petitioner the
exclusive care, custody, or control of any animal owned,
possessed, leased, kept, or held by either the petitioner
or the respondent or a minor child residing in the
residence or household of either the petitioner or the
respondent and order the respondent to stay away from the
animal and forbid the respondent from taking,
transferring, encumbering, concealing, harming, or
otherwise disposing of the animal.
(12) Order for payment of support. Order respondent to
pay temporary support for the petitioner or any child in
the petitioner's care or custody, 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

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

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court may order respondent to pay the reasonable
expenses incurred or to be incurred in the search for
and recovery of the minor child, including but not
limited to legal fees, court costs, private
investigator fees, and travel costs.
(14) Prohibition of entry. Prohibit the respondent
from entering or remaining in the residence or household
while the respondent is under the influence of alcohol or
drugs and constitutes a threat to the safety and well-being
of the petitioner or the petitioner's children.
(14.5) Prohibition of firearm possession.
(a) When a complaint is made under a request for an
order of protection, that the respondent has
threatened or is likely to use firearms illegally
against the petitioner, the court shall examine on oath
the petitioner, and any witnesses who may be produced.
If the court is satisfied that there is any danger of
the illegal use of firearms, and the respondent is
present in court, it shall issue an order that any
firearms in the possession of the respondent, except as
provided in subsection (b), be turned over to the local
law enforcement agency for safekeeping. If the court is
satisfied that there is any danger of the illegal use
of firearms, and the respondent is present in court, it
shall issue an order that the respondent's Firearm
Owner's Identification Card be turned over to the local

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law enforcement agency for safekeeping. If the court is
satisfied that there is any danger of the illegal use
of firearms, and if the respondent is not present in
court, the court shall issue a warrant for seizure of
the respondent's Firearm Owner's Identification Card
and any firearm in the possession of the respondent,
except as provided in subsection (b), be turned over to
the local law enforcement agency for safekeeping. The
period of safekeeping shall be for a stated period of
time not to exceed 2 years. The firearm or firearms
shall be returned to the respondent at the end of the
stated period or at expiration of the order of
protection, whichever is sooner.
(b) If the respondent is a peace officer as defined
in Section 2-13 of the Criminal Code of 1961, 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
stated period not to exceed 2 years as set forth in the
court order.
(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

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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 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 112A-5, 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

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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.
(c) Relevant factors; findings.
(1) In determining whether to grant a specific remedy,
other than payment of support, the court shall consider
relevant factors, including but not limited to the
following:
(i) the nature, frequency, severity, pattern and
consequences of the respondent's past abuse of the
petitioner or any family or household member,
including the concealment of his or her location in
order to evade service of process or notice, and the
likelihood of danger of future abuse to petitioner or
any member of petitioner's or respondent's family or
household; and
(ii) the danger that any minor child will be abused
or neglected or improperly removed 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

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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, 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

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supplement to making the findings described in paragraphs
(c)(3)(i) through (c)(3)(iii) of this subsection, may use
the following procedure:
When a verified petition for an emergency order of
protection in accordance with the requirements of Sections
112A-5 and 112A-17 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. Absent such an adjudication, no
putative father shall be granted temporary custody of the
minor child, visitation 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

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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 VII of the Criminal Code of 1961;
(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 VII of the Criminal
Code of 1961;
(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;
(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. 95-234, eff. 1-1-08; 95-773, eff. 1-1-09; 96-701,

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eff. 1-1-10.)
(725 ILCS 5/112A-17) (from Ch. 38, par. 112A-17)
Sec. 112A-17. Emergency order of protection.
(a) Prerequisites. An emergency order of protection shall
issue if petitioner satisfies the requirements of this
subsection for one or more of the requested remedies. For each
remedy requested, petitioner shall establish that:
(1) The court has jurisdiction under Section 112A-9;
(2) The requirements of Section 112A-14 are satisfied;
and
(3) There is good cause to grant the remedy, regardless
of prior service of process or of notice upon the
respondent, because:
(i) For the remedies of "prohibition of abuse"
described in Section 112A-14(b)(1), "stay away order
and additional prohibitions" described in Section
112A-14(b)(3), "removal or concealment of minor child"
described in Section 112A-14(b)(8), "order to appear"
described in Section 112A-14(b)(9), "physical care and
possession of the minor child" described in Section
112A-14(b)(5), "protection of property" described in
Section 112A-14(b)(11), "prohibition of entry"
described in Section 112A-14(b)(14), "prohibition of
firearm possession" described in Section
112A-14(b)(14.5), "prohibition of access to records"

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described in Section 112A-14(b)(15), and "injunctive
relief" described in Section 112A-14(b)(16), the harm
which that remedy is intended to prevent would be
likely to occur if the respondent were given any prior
notice, or greater notice than was actually given, of
the petitioner's efforts to obtain judicial relief;
(ii) For the remedy of "grant of exclusive
possession of residence" described in Section
112A-14(b)(2), the immediate danger of further abuse
of petitioner by respondent, if petitioner chooses or
had chosen to remain in the residence or household
while respondent was given any prior notice or greater
notice than was actually given of petitioner's efforts
to obtain judicial relief, outweighs the hardships to
respondent of an emergency order granting petitioner
exclusive possession of the residence or household.
This remedy shall not be denied because petitioner has
or could obtain temporary shelter elsewhere while
prior notice is given to respondent, unless the
hardships to respondent from exclusion from the home
substantially outweigh those to petitioner.
(iii) For the remedy of "possession of personal
property" described in Section 112A-14(b)(10),
improper disposition of the personal property would be
likely to occur if respondent were given any prior
notice, or greater notice than was actually given, of

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petitioner's efforts to obtain judicial relief, or
petitioner has an immediate and pressing need for
possession of that property.
An emergency order may not include the counseling, legal
custody, payment of support or monetary compensation remedies.
(b) Appearance by respondent. If respondent appears in
court for this hearing for an emergency order, he or she may
elect to file a general appearance and testify. Any resulting
order may be an emergency order, governed by this Section.
Notwithstanding the requirements of this Section, if all
requirements of Section 112A-18 have been met, the Court may
issue a 30-day interim order.
(c) Emergency orders: court holidays and evenings.
(1) Prerequisites. When the court is unavailable at the
close of business, the petitioner may file a petition for a
21-day emergency order before any available circuit judge
or associate judge who may grant relief under this Article.
If the judge finds that there is an immediate and present
danger of abuse to petitioner and that petitioner has
satisfied the prerequisites set forth in subsection (a) of
Section 112A-17, that judge may issue an emergency order of
protection.
(1.5) Issuance of order. The chief judge of the circuit
court may designate for each county in the circuit at least
one judge to be reasonably available to issue orally, by
telephone, by facsimile, or otherwise, an emergency order

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of protection at all times, whether or not the court is in
session.
(2) Certification and transfer. Any order issued under
this Section and any documentation in support thereof shall
be certified on the next court day to the appropriate
court. The clerk of that court shall immediately assign a
case number, file the petition, order and other documents
with the court and enter the order of record and file it
with the sheriff for service, in accordance with Section
112A-22. Filing the petition shall commence proceedings
for further relief, under Section 112A-2. Failure to comply
with the requirements of this subsection shall not affect
the validity of the order.
(Source: P.A. 90-392, eff. 1-1-98.)
Section 10. The Illinois Domestic Violence Act of 1986 is
amended by changing Section 214 as follows:
(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 requirements of

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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 1961, 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.

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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 Section 701 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
the risk of abuse (should petitioner remain at the

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

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stay away order or prohibit entry if respondent has no
right to enter the premises.
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.
(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

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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 legal custody. Award temporary legal
custody to petitioner in accordance with this Section, the
Illinois Marriage and Dissolution of Marriage Act, the
Illinois Parentage Act of 1984, 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 legal custody to respondent would not be
in the child's best interest.
(7) Visitation. Determine the visitation rights, if
any, of respondent in any case in which the court awards
physical care or temporary legal custody of a minor child

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to petitioner. The court shall restrict or deny
respondent's visitation 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
visitation; (ii) use the visitation 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 607.1
of the Illinois Marriage and Dissolution of Marriage Act.
If the court grants visitation, the order shall specify
dates and times for the visitation to take place or other
specific parameters or conditions that are appropriate. No
order for visitation shall refer merely to the term
"reasonable visitation".
Petitioner may deny respondent access to the minor
child if, when respondent arrives for visitation,
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 visitation, and the parties shall

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submit to the court their recommendations for reasonable
alternative arrangements for visitation. A person may be
approved to supervise visitation 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 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

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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 parties own the property jointly, and the
balance of hardships favors granting this remedy.
If petitioner's sole claim to ownership of the property
is that it is marital property, the court may grant
petitioner relief under subparagraph (ii) of this
paragraph only if a proper proceeding has been filed under
the Illinois Marriage and Dissolution of Marriage Act, as
now or hereafter amended.
The court may further prohibit respondent from
improperly using the financial or other resources of an
aged member of the family or household for the profit or
advantage of respondent or of any other person.
(11.5) Protection of animals. Grant the petitioner the

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exclusive care, custody, or control of any animal owned,
possessed, leased, kept, or held by either the petitioner
or the respondent or a minor child residing in the
residence or household of either the petitioner or the
respondent and order the respondent to stay away from the
animal and forbid the respondent from taking,
transferring, encumbering, concealing, harming, or
otherwise disposing of the animal.
(12) Order for payment of support. Order respondent to
pay temporary support for the petitioner or any child in
the petitioner's care or custody, 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 or
custody of a child, or an order or agreement for physical
care or custody, prior to entry of an order for legal
custody. Such a support order shall expire upon entry of a
valid order granting legal custody to another, unless
otherwise provided in the custody 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

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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
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.

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(14.5) Prohibition of firearm possession.
(a) When a complaint is made under a request for an
order of protection, that the respondent has
threatened or is likely to use firearms illegally
against the petitioner, and the respondent is present
in court, or has failed to appear after receiving
actual notice, the court shall examine on oath the
petitioner, and any witnesses who may be produced. If
the court is satisfied that there is any danger of the
illegal use of firearms, and the respondent is present
in court, it shall issue an order that any firearms and
any Firearm Owner's Identification Card in the
possession of the respondent, except as provided in
subsection (b), be turned over to the local law
enforcement agency for safekeeping. If the court is
satisfied that there is any danger of the illegal use
of firearms, and if If the respondent is not present in
court has failed to appear, the court shall issue a
warrant for seizure of any firearm and Firearm Owner's
Identification Card 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 shall be for
a stated period of time not to exceed 2 years. The
firearm or firearms and Firearm Owner's Identification
Card shall be returned to the respondent at the end of

HB5489 Enrolled - 33 - LRB096 17403 RLC 32756 b
the stated period or at expiration of the order of
protection, whichever is sooner.
(b) If the respondent is a peace officer as defined
in Section 2-13 of the Criminal Code of 1961, 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
stated period not to exceed 2 years as set forth in the
court order.
(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
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

HB5489 Enrolled - 34 - LRB096 17403 RLC 32756 b
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 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.
(c) Relevant factors; findings.
(1) In determining whether to grant a specific remedy,
other than payment of support, the court shall consider

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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 removed 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

HB5489 Enrolled - 36 - LRB096 17403 RLC 32756 b
care, to family, school, church and community.
(3) Subject to the exceptions set forth in paragraph
(4) of this subsection, the court shall make its findings
in an official record or in writing, and shall at a minimum
set forth the following:
(i) That the court has considered the applicable
relevant factors described in paragraphs (1) and (2) of
this subsection.
(ii) Whether the conduct or actions of respondent,
unless prohibited, will likely cause irreparable harm
or continued abuse.
(iii) Whether it is necessary to grant the
requested relief in order to protect petitioner or
other alleged abused persons.
(4) For purposes of issuing an ex parte emergency order
of protection, the court, as an alternative to or as a
supplement to making the findings described in paragraphs
(c)(3)(i) through (c)(3)(iii) of this subsection, may use
the following procedure:
When a verified petition for an emergency order of
protection in accordance with the requirements of Sections
203 and 217 is presented to the court, the court shall
examine petitioner on oath or affirmation. An emergency
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

HB5489 Enrolled - 37 - LRB096 17403 RLC 32756 b
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 Public Aid Code,
Section 12 of the Vital Records Act, the Juvenile Court Act
of 1987, the Probate Act of 1985, the Revised Uniform
Reciprocal Enforcement of Support Act, the Uniform
Interstate Family Support Act, the Expedited Child Support
Act of 1990, any judicial, administrative, or other act of
another state or territory, any other Illinois statute, or
by any foreign nation establishing the father and child
relationship, any other proceeding substantially in
conformity with the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (Pub. L. 104-193),
or where both parties appeared in open court or at an
administrative hearing acknowledging under oath or
admitting by affirmation the existence of a father and
child relationship. Absent such an adjudication, finding,
or acknowledgement, no putative father shall be granted
temporary custody of the minor child, visitation with the
minor child, or physical care and possession of the minor
child, nor shall an order of payment for support of the

HB5489 Enrolled - 38 - LRB096 17403 RLC 32756 b
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 VII of the Criminal Code of 1961;
(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 VII of the Criminal
Code of 1961;
(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

HB5489 Enrolled - 39 - LRB096 17403 RLC 32756 b
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. 95-234, eff. 1-1-08; 95-773, eff. 1-1-09; 96-701,
eff. 1-1-10.)