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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 Section 112A-14 as follows:
6		(725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14)
7		Sec. 112A-14. Order of protection; remedies.
8		(a) Issuance of order. If the court finds that petitioner
9		has been abused by a family or household member, as defined in
10		this Article, an order of protection prohibiting such abuse
11		shall issue; provided that petitioner must also satisfy the
12		requirements of one of the following Sections, as appropriate:
13		Section 112A-17 on emergency orders, Section 112A-18 on interim
14		orders, or Section 112A-19 on plenary orders. Petitioner shall
15		not be denied an order of protection because petitioner or
16		respondent is a minor. The court, when determining whether or
17		not to issue an order of protection, shall not require physical
18		manifestations of abuse on the person of the victim.
19		Modification and extension of prior orders of protection shall
20		be in accordance with this Article.
21		(b) Remedies and standards. The remedies to be included in
22		an order of protection shall be determined in accordance with
23		this Section and one of the following Sections, as appropriate:

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1		Section 112A-17 on emergency orders, Section 112A-18 on interim
2		orders, and Section 112A-19 on plenary orders. The remedies
3		listed in this subsection shall be in addition to other civil
4		or criminal remedies 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 Section 701 of the
19		Illinois Marriage and Dissolution of Marriage Act.
20		(A) Right to occupancy. A party has a right to
21		occupancy of a residence or household if it is solely
22		or jointly owned or leased by that party, that party's
23		spouse, a person with a legal duty to support that
24		party or a minor child in that party's care, or by any
25		person or entity other than the opposing party that
26		authorizes that party's occupancy (e.g., a domestic

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1		violence shelter). Standards set forth in subparagraph
2		(B) shall not preclude equitable relief.
3		(B) Presumption of hardships. If petitioner and
4		respondent each has the right to occupancy of a
5		residence or household, the court shall balance (i) the
6		hardships to respondent and any minor child or
7		dependent adult in respondent's care resulting from
8		entry of this remedy with (ii) the hardships to
9		petitioner and any minor child or dependent adult in
10		petitioner's care resulting from continued exposure to
11		the risk of abuse (should petitioner remain at the
12		residence or household) or from loss of possession of
13		the residence or household (should petitioner leave to
14		avoid the risk of abuse). When determining the balance
15		of hardships, the court shall also take into account
16		the accessibility of the residence or household.
17		Hardships need not be balanced if respondent does not
18		have a right to occupancy.
19		The balance of hardships is presumed to favor
20		possession by petitioner unless the presumption is
21		rebutted by a preponderance of the evidence, showing
22		that the hardships to respondent substantially
23		outweigh the hardships to petitioner and any minor
24		child or dependent adult in petitioner's care. The
25		court, on the request of petitioner or on its own
26		motion, may order respondent to provide suitable,

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1		accessible, alternate housing for petitioner instead
2		of excluding respondent from a mutual residence or
3		household.
4		(3) Stay away order and additional prohibitions. Order
5		respondent to stay away from petitioner or any other person
6		protected by the order of protection, or prohibit
7		respondent from entering or remaining present at
8		petitioner's school, place of employment, or other
9		specified places at times when petitioner is present, or
10		both, if reasonable, given the balance of hardships.
11		Hardships need not be balanced for the court to enter a
12		stay away order or prohibit entry if respondent has no
13		right to enter the premises.
14		If an order of protection grants petitioner exclusive
15		possession of the residence, or prohibits respondent from
16		entering the residence, or orders respondent to stay away
17		from petitioner or other protected persons, then the court
18		may allow respondent access to the residence to remove
19		items of clothing and personal adornment used exclusively
20		by respondent, medications, and other items as the court
21		directs. The right to access shall be exercised on only one
22		occasion as the court directs and in the presence of an
23		agreed-upon adult third party or law enforcement officer.
24		(4) Counseling. Require or recommend the respondent to
25		undergo counseling for a specified duration with a social
26		worker, psychologist, clinical psychologist, psychiatrist,

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1		family service agency, alcohol or substance abuse program,
2		mental health center guidance counselor, agency providing
3		services to elders, program designed for domestic violence
4		abusers or any other guidance service the court deems
5		appropriate. The court may order the respondent in any
6		intimate partner relationship to report to an Illinois
7		Department of Human Services protocol approved partner
8		abuse intervention program for an assessment and to follow
9		all recommended treatment.
10		(5) Physical care and possession of the minor child. In
11		order to protect the minor child from abuse, neglect, or
12		unwarranted separation from the person who has been the
13		minor child's primary caretaker, or to otherwise protect
14		the well-being of the minor child, the court may do either
15		or both of the following: (i) grant petitioner physical
16		care or possession of the minor child, or both, or (ii)
17		order respondent to return a minor child to, or not remove
18		a minor child from, the physical care of a parent or person
19		in loco parentis.
20		If a court finds, after a hearing, that respondent has
21		committed abuse (as defined in Section 112A-3) of a minor
22		child, there shall be a rebuttable presumption that
23		awarding physical care to respondent would not be in the
24		minor child's best interest.
25		(6) Temporary legal custody. Award temporary legal
26		custody to petitioner in accordance with this Section, the

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1		Illinois Marriage and Dissolution of Marriage Act, the
2		Illinois Parentage Act of 2015, and this State's Uniform
3		Child-Custody Jurisdiction and Enforcement Act.
4		If a court finds, after a hearing, that respondent has
5		committed abuse (as defined in Section 112A-3) of a minor
6		child, there shall be a rebuttable presumption that
7		awarding temporary legal custody to respondent would not be
8		in the child's best interest.
9		(7) Visitation. Determine the visitation rights, if
10		any, of respondent in any case in which the court awards
11		physical care or temporary legal custody of a minor child
12		to petitioner. The court shall restrict or deny
13		respondent's visitation with a minor child if the court
14		finds that respondent has done or is likely to do any of
15		the following: (i) abuse or endanger the minor child during
16		visitation; (ii) use the visitation as an opportunity to
17		abuse or harass petitioner or petitioner's family or
18		household members; (iii) improperly conceal or detain the
19		minor child; or (iv) otherwise act in a manner that is not
20		in the best interests of the minor child. The court shall
21		not be limited by the standards set forth in Section 607.1
22		of the Illinois Marriage and Dissolution of Marriage Act.
23		If the court grants visitation, the order shall specify
24		dates and times for the visitation to take place or other
25		specific parameters or conditions that are appropriate. No
26		order for visitation shall refer merely to the term

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1		"reasonable visitation".
2		Petitioner may deny respondent access to the minor
3		child if, when respondent arrives for visitation,
4		respondent is under the influence of drugs or alcohol and
5		constitutes a threat to the safety and well-being of
6		petitioner or petitioner's minor children or is behaving in
7		a violent or abusive manner.
8		If necessary to protect any member of petitioner's
9		family or household from future abuse, respondent shall be
10		prohibited from coming to petitioner's residence to meet
11		the minor child for visitation, and the parties shall
12		submit to the court their recommendations for reasonable
13		alternative arrangements for visitation. A person may be
14		approved to supervise visitation only after filing an
15		affidavit accepting that responsibility and acknowledging
16		accountability to the court.
17		(8) Removal or concealment of minor child. Prohibit
18		respondent from removing a minor child from the State or
19		concealing the child within the State.
20		(9) Order to appear. Order the respondent to appear in
21		court, alone or with a minor child, to prevent abuse,
22		neglect, removal or concealment of the child, to return the
23		child to the custody or care of the petitioner or to permit
24		any court-ordered interview or examination of the child or
25		the respondent.
26		(10) Possession of personal property. Grant petitioner

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1		exclusive possession of personal property and, if
2		respondent has possession or control, direct respondent to
3		promptly make it available to petitioner, if:
4		(i) petitioner, but not respondent, owns the
5		property; or
6		(ii) the parties own the property jointly; sharing
7		it would risk abuse of petitioner by respondent or is
8		impracticable; and the balance of hardships favors
9		temporary possession by petitioner.
10		If petitioner's sole claim to ownership of the property
11		is that it is marital property, the court may award
12		petitioner temporary possession thereof under the
13		standards of subparagraph (ii) of this paragraph only if a
14		proper proceeding has been filed under the Illinois
15		Marriage and Dissolution of Marriage Act, as now or
16		hereafter amended.
17		No order under this provision shall affect title to
18		property.
19		(11) Protection of property. Forbid the respondent
20		from taking, transferring, encumbering, concealing,
21		damaging or otherwise disposing of any real or personal
22		property, except as explicitly authorized by the court, if:
23		(i) petitioner, but not respondent, owns the
24		property; or
25		(ii) the parties own the property jointly, and the
26		balance of hardships favors granting this remedy.

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1		If petitioner's sole claim to ownership of the property
2		is that it is marital property, the court may grant
3		petitioner relief under subparagraph (ii) of this
4		paragraph only if a proper proceeding has been filed under
5		the Illinois Marriage and Dissolution of Marriage Act, as
6		now or hereafter amended.
7		The court may further prohibit respondent from
8		improperly using the financial or other resources of an
9		aged member of the family or household for the profit or
10		advantage of respondent or of any other person.
11		(11.5) Protection of animals. Grant the petitioner the
12		exclusive care, custody, or control of any animal owned,
13		possessed, leased, kept, or held by either the petitioner
14		or the respondent or a minor child residing in the
15		residence or household of either the petitioner or the
16		respondent and order the respondent to stay away from the
17		animal and forbid the respondent from taking,
18		transferring, encumbering, concealing, harming, or
19		otherwise disposing of the animal.
20		(12) Order for payment of support. Order respondent to
21		pay temporary support for the petitioner or any child in
22		the petitioner's care or custody, when the respondent has a
23		legal obligation to support that person, in accordance with
24		the Illinois Marriage and Dissolution of Marriage Act,
25		which shall govern, among other matters, the amount of
26		support, payment through the clerk and withholding of

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

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1		court may order respondent to pay the reasonable
2		expenses incurred or to be incurred in the search for
3		and recovery of the minor child, including but not
4		limited to legal fees, court costs, private
5		investigator fees, and travel costs.
6		(14) Prohibition of entry. Prohibit the respondent
7		from entering or remaining in the residence or household
8		while the respondent is under the influence of alcohol or
9		drugs and constitutes a threat to the safety and well-being
10		of the petitioner or the petitioner's children.
11		(14.5) Prohibition of firearm possession.
12		(A) A person who is subject to an existing order of
13		protection, interim order of protection, emergency
14		order of protection, or plenary order of protection,
15		issued under this Code may not lawfully possess weapons
16		under Section 8.2 of the Firearm Owners Identification
17		Card Act.
18		(B) Any firearms in the possession of the
19		respondent, except as provided in subparagraph (C) of
20		this paragraph (14.5), shall be ordered by the court to
21		be turned over to a person with a valid Firearm Owner's
22		Identification Card for safekeeping. The court shall
23		issue an order that the respondent's Firearm Owner's
24		Identification Card be turned over to the local law
25		enforcement agency, which in turn shall immediately
26		mail the card to the Department of State Police Firearm

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1		Owner's Identification Card Office for safekeeping.
2		The period of safekeeping shall be for the duration of
3		the order of protection. The firearm or firearms and
4		Firearm Owner's Identification Card, if unexpired,
5		shall at the respondent's request be returned to the
6		respondent at expiration of the order of protection.
7		(C) If the respondent is a peace officer as defined
8		in Section 2-13 of the Criminal Code of 2012, the court
9		shall order that any firearms used by the respondent in
10		the performance of his or her duties as a peace officer
11		be surrendered to the chief law enforcement executive
12		of the agency in which the respondent is employed, who
13		shall retain the firearms for safekeeping for the
14		duration of the order of protection.
15		(D) Upon expiration of the period of safekeeping,
16		if the firearms or Firearm Owner's Identification Card
17		cannot be returned to respondent because respondent
18		cannot be located, fails to respond to requests to
19		retrieve the firearms, or is not lawfully eligible to
20		possess a firearm, upon petition from the local law
21		enforcement agency, the court may order the local law
22		enforcement agency to destroy the firearms, use the
23		firearms for training purposes, or for any other
24		application as deemed appropriate by the local law
25		enforcement agency; or that the firearms be turned over
26		to a third party who is lawfully eligible to possess

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1		firearms, and who does not reside with respondent.
2		(15) Prohibition of access to records. If an order of
3		protection prohibits respondent from having contact with
4		the minor child, or if petitioner's address is omitted
5		under subsection (b) of Section 112A-5, or if necessary to
6		prevent abuse or wrongful removal or concealment of a minor
7		child, the order shall deny respondent access to, and
8		prohibit respondent from inspecting, obtaining, or
9		attempting to inspect or obtain, school or any other
10		records of the minor child who is in the care of
11		petitioner.
12		(16) Order for payment of shelter services. Order
13		respondent to reimburse a shelter providing temporary
14		housing and counseling services to the petitioner for the
15		cost of the services, as certified by the shelter and
16		deemed reasonable by the court.
17		(17) Order for injunctive relief. Enter injunctive
18		relief necessary or appropriate to prevent further abuse of
19		a family or household member or to effectuate one of the
20		granted remedies, if supported by the balance of hardships.
21		If the harm to be prevented by the injunction is abuse or
22		any other harm that one of the remedies listed in
23		paragraphs (1) through (16) of this subsection is designed
24		to prevent, no further evidence is necessary to establish
25		that the harm is an irreparable injury.
26		(18) Telephone services.

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1		(A) Unless a condition described in subparagraph
2		(B) of this paragraph exists, the court may, upon
3		request by the petitioner, order a wireless telephone
4		service provider to transfer to the petitioner the
5		right to continue to use a telephone number or numbers
6		indicated by the petitioner and the financial
7		responsibility associated with the number or numbers,
8		as set forth in subparagraph (C) of this paragraph. The
9		petitioner may request the transfer of each telephone
10		number that the petitioner, or a minor child in his or
11		her custody, uses. The clerk of the court shall serve
12		the order on the wireless telephone service provider's
13		agent for service of process listed with the Secretary
14		of State. The order shall contain all of the following:
15		(i) The name and billing telephone number of
16		the account holder.
17		(ii) Each telephone number that will be
18		transferred.
19		(iii) A statement that the provider transfers
20		to the petitioner all financial responsibility for
21		and right to the use of any telephone number
22		transferred under this paragraph.
23		(B) A wireless telephone service provider shall
24		terminate the respondent's use of, and shall transfer
25		to the petitioner use of, the telephone number or
26		numbers indicated in subparagraph (A) of this

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1		paragraph unless it notifies the petitioner, within 72
2		hours after it receives the order, that one of the
3		following applies:
4		(i) The account holder named in the order has
5		terminated the account.
6		(ii) A difference in network technology would
7		prevent or impair the functionality of a device on
8		a network if the transfer occurs.
9		(iii) The transfer would cause a geographic or
10		other limitation on network or service provision
11		to the petitioner.
12		(iv) Another technological or operational
13		issue would prevent or impair the use of the
14		telephone number if the transfer occurs.
15		(C) The petitioner assumes all financial
16		responsibility for and right to the use of any
17		telephone number transferred under this paragraph. In
18		this paragraph, "financial responsibility" includes
19		monthly service costs and costs associated with any
20		mobile device associated with the number.
21		(D) A wireless telephone service provider may
22		apply to the petitioner its routine and customary
23		requirements for establishing an account or
24		transferring a number, including requiring the
25		petitioner to provide proof of identification,
26		financial information, and customer preferences.

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1		(E) Except for willful or wanton misconduct, a
2		wireless telephone service provider is immune from
3		civil liability for its actions taken in compliance
4		with a court order issued under this paragraph.
5		(c) Relevant factors; findings.
6		(1) In determining whether to grant a specific remedy,
7		other than payment of support, the court shall consider
8		relevant factors, including but not limited to the
9		following:
10		(i) the nature, frequency, severity, pattern and
11		consequences of the respondent's past abuse of the
12		petitioner or any family or household member,
13		including the concealment of his or her location in
14		order to evade service of process or notice, and the
15		likelihood of danger of future abuse to petitioner or
16		any member of petitioner's or respondent's family or
17		household; and
18		(ii) the danger that any minor child will be abused
19		or neglected or improperly removed 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 or
4		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) of
15		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 order
23		of protection, the court, as an alternative to or as a
24		supplement to making the findings described in paragraphs
25		(c)(3)(i) through (c)(3)(iii) of this subsection, may use
26		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		112A-5 and 112A-17 is presented to the court, the court
4		shall examine petitioner on oath or affirmation. An
5		emergency order of protection shall be issued by the court
6		if it 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 marriage
13		attach to a putative father until a father and child
14		relationship has been established under the Illinois
15		Parentage Act of 1984 or under the Illinois Parentage Act
16		of 2015 on and after the effective date of that Act. Absent
17		such an adjudication, no putative father shall be granted
18		temporary custody of the minor child, visitation with the
19		minor child, or physical care and possession of the minor
20		child, nor shall an order of payment for support of the
21		minor child be entered.
22		(d) Balance of hardships; findings. If the court finds that
23		the balance of hardships does not support the granting of a
24		remedy governed by paragraph (2), (3), (10), (11), or (16) of
25		subsection (b) of this Section, which may require such
26		balancing, the court's findings shall so indicate and shall

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1		include a finding as to whether granting the remedy will result
2		in hardship to respondent that would substantially outweigh the
3		hardship to petitioner from denial of the remedy. The findings
4		shall be an official record or in writing.
5		(e) Denial of remedies. Denial of any remedy shall not be
6		based, in whole or in part, on evidence that:
7		(1) Respondent has cause for any use of force, unless
8		that cause satisfies the standards for justifiable use of
9		force provided by Article 7 of the Criminal Code of 2012;
10		(2) Respondent was voluntarily intoxicated;
11		(3) Petitioner acted in self-defense or defense of
12		another, provided that, if petitioner utilized force, such
13		force was justifiable under Article 7 of the Criminal Code
14		of 2012;
15		(4) Petitioner did not act in self-defense or defense
16		of another;
17		(5) Petitioner left the residence or household to avoid
18		further abuse by respondent;
19		(6) Petitioner did not leave the residence or household
20		to avoid further abuse by respondent;
21		(7) Conduct by any family or household member excused
22		the abuse by respondent, unless that same conduct would
23		have excused such abuse if the parties had not been family
24		or household members.
25		(Source: P.A. 98-63, eff. 7-9-13; 99-85, eff. 1-1-16.)

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1		Section 10. The Illinois Domestic Violence Act of 1986 is
2		amended by changing Section 214 as follows:
3		(750 ILCS 60/214) (from Ch. 40, par. 2312-14)
4		Sec. 214. Order of protection; remedies.
5		(a) Issuance of order. If the court finds that petitioner
6		has been abused by a family or household member or that
7		petitioner is a high-risk adult who has been abused, neglected,
8		or exploited, as defined in this Act, an order of protection
9		prohibiting the abuse, neglect, or exploitation shall issue;
10		provided that petitioner must also satisfy the requirements of
11		one of the following Sections, as appropriate: Section 217 on
12		emergency orders, Section 218 on interim orders, or Section 219
13		on plenary orders. Petitioner shall not be denied an order of
14		protection because petitioner or respondent is a minor. The
15		court, when determining whether or not to issue an order of
16		protection, shall not require physical manifestations of abuse
17		on the person of the victim. Modification and extension of
18		prior orders of protection shall be in accordance with this
19		Act.
20		(b) Remedies and standards. The remedies to be included in
21		an order of protection shall be determined in accordance with
22		this Section and one of the following Sections, as appropriate:
23		Section 217 on emergency orders, Section 218 on interim orders,
24		and Section 219 on plenary orders. The remedies listed in this
25		subsection shall be in addition to other civil or criminal

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1		remedies available to petitioner.
2		(1) Prohibition of abuse, neglect, or exploitation.
3		Prohibit respondent's harassment, interference with
4		personal liberty, intimidation of a dependent, physical
5		abuse, or willful deprivation, neglect or exploitation, as
6		defined in this Act, or stalking of the petitioner, as
7		defined in Section 12-7.3 of the Criminal Code of 2012, if
8		such abuse, neglect, exploitation, or stalking 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 Section 701 of the
19		Illinois Marriage and Dissolution of Marriage Act.
20		(A) Right to occupancy. A party has a right to
21		occupancy of a residence or household if it is solely
22		or jointly owned or leased by that party, that party's
23		spouse, a person with a legal duty to support that
24		party or a minor child in that party's care, or by any
25		person or entity other than the opposing party that
26		authorizes that party's occupancy (e.g., a domestic

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1		violence shelter). Standards set forth in subparagraph
2		(B) shall not preclude equitable relief.
3		(B) Presumption of hardships. If petitioner and
4		respondent each has the right to occupancy of a
5		residence or household, the court shall balance (i) the
6		hardships to respondent and any minor child or
7		dependent adult in respondent's care resulting from
8		entry of this remedy with (ii) the hardships to
9		petitioner and any minor child or dependent adult in
10		petitioner's care resulting from continued exposure to
11		the risk of abuse (should petitioner remain at the
12		residence or household) or from loss of possession of
13		the residence or household (should petitioner leave to
14		avoid the risk of abuse). When determining the balance
15		of hardships, the court shall also take into account
16		the accessibility of the residence or household.
17		Hardships need not be balanced if respondent does not
18		have a right to occupancy.
19		The balance of hardships is presumed to favor
20		possession by petitioner unless the presumption is
21		rebutted by a preponderance of the evidence, showing
22		that the hardships to respondent substantially
23		outweigh the hardships to petitioner and any minor
24		child or dependent adult in petitioner's care. The
25		court, on the request of petitioner or on its own
26		motion, may order respondent to provide suitable,

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1		accessible, alternate housing for petitioner instead
2		of excluding respondent from a mutual residence or
3		household.
4		(3) Stay away order and additional prohibitions. Order
5		respondent to stay away from petitioner or any other person
6		protected by the order of protection, or prohibit
7		respondent from entering or remaining present at
8		petitioner's school, place of employment, or other
9		specified places at times when petitioner is present, or
10		both, if reasonable, given the balance of hardships.
11		Hardships need not be balanced for the court to enter a
12		stay away order or prohibit entry if respondent has no
13		right to enter the premises.
14		(A) If an order of protection grants petitioner
15		exclusive possession of the residence, or prohibits
16		respondent from entering the residence, or orders
17		respondent to stay away from petitioner or other
18		protected persons, then the court may allow respondent
19		access to the residence to remove items of clothing and
20		personal adornment used exclusively by respondent,
21		medications, and other items as the court directs. The
22		right to access shall be exercised on only one occasion
23		as the court directs and in the presence of an
24		agreed-upon adult third party or law enforcement
25		officer.
26		(B) When the petitioner and the respondent attend

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1		the same public, private, or non-public elementary,
2		middle, or high school, the court when issuing an order
3		of protection and providing relief shall consider the
4		severity of the act, any continuing physical danger or
5		emotional distress to the petitioner, the educational
6		rights guaranteed to the petitioner and respondent
7		under federal and State law, the availability of a
8		transfer of the respondent to another school, a change
9		of placement or a change of program of the respondent,
10		the expense, difficulty, and educational disruption
11		that would be caused by a transfer of the respondent to
12		another school, and any other relevant facts of the
13		case. The court may order that the respondent not
14		attend the public, private, or non-public elementary,
15		middle, or high school attended by the petitioner,
16		order that the respondent accept a change of placement
17		or change of program, as determined by the school
18		district or private or non-public school, or place
19		restrictions on the respondent's movements within the
20		school attended by the petitioner. The respondent
21		bears the burden of proving by a preponderance of the
22		evidence that a transfer, change of placement, or
23		change of program of the respondent is not available.
24		The respondent also bears the burden of production with
25		respect to the expense, difficulty, and educational
26		disruption that would be caused by a transfer of the

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1		respondent to another school. A transfer, change of
2		placement, or change of program is not unavailable to
3		the respondent solely on the ground that the respondent
4		does not agree with the school district's or private or
5		non-public school's transfer, change of placement, or
6		change of program or solely on the ground that the
7		respondent fails or refuses to consent or otherwise
8		does not take an action required to effectuate a
9		transfer, change of placement, or change of program.
10		When a court orders a respondent to stay away from the
11		public, private, or non-public school attended by the
12		petitioner and the respondent requests a transfer to
13		another attendance center within the respondent's
14		school district or private or non-public school, the
15		school district or private or non-public school shall
16		have sole discretion to determine the attendance
17		center to which the respondent is transferred. In the
18		event the court order results in a transfer of the
19		minor respondent to another attendance center, a
20		change in the respondent's placement, or a change of
21		the respondent's program, the parents, guardian, or
22		legal custodian of the respondent is responsible for
23		transportation and other costs associated with the
24		transfer or change.
25		(C) The court may order the parents, guardian, or
26		legal custodian of a minor respondent to take certain

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1		actions or to refrain from taking certain actions to
2		ensure that the respondent complies with the order. In
3		the event the court orders a transfer of the respondent
4		to another school, the parents, guardian, or legal
5		custodian of the respondent is responsible for
6		transportation and other costs associated with the
7		change of school by the respondent.
8		(4) Counseling. Require or recommend the respondent to
9		undergo counseling for a specified duration with a social
10		worker, psychologist, clinical psychologist, psychiatrist,
11		family service agency, alcohol or substance abuse program,
12		mental health center guidance counselor, agency providing
13		services to elders, program designed for domestic violence
14		abusers or any other guidance service the court deems
15		appropriate. The Court may order the respondent in any
16		intimate partner relationship to report to an Illinois
17		Department of Human Services protocol approved partner
18		abuse intervention program for an assessment and to follow
19		all recommended treatment.
20		(5) Physical care and possession of the minor child. In
21		order to protect the minor child from abuse, neglect, or
22		unwarranted separation from the person who has been the
23		minor child's primary caretaker, or to otherwise protect
24		the well-being of the minor child, the court may do either
25		or both of the following: (i) grant petitioner physical
26		care or possession of the minor child, or both, or (ii)

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1		order respondent to return a minor child to, or not remove
2		a minor child from, the physical care of a parent or person
3		in loco parentis.
4		If a court finds, after a hearing, that respondent has
5		committed abuse (as defined in Section 103) of a minor
6		child, there shall be a rebuttable presumption that
7		awarding physical care to respondent would not be in the
8		minor child's best interest.
9		(6) Temporary allocation of parental responsibilities:
10		significant decision-making. Award temporary
11		decision-making responsibility to petitioner in accordance
12		with this Section, the Illinois Marriage and Dissolution of
13		Marriage Act, the Illinois Parentage Act of 2015, and this
14		State's Uniform Child-Custody Jurisdiction and Enforcement
15		Act.
16		If a court finds, after a hearing, that respondent has
17		committed abuse (as defined in Section 103) of a minor
18		child, there shall be a rebuttable presumption that
19		awarding temporary significant decision-making
20		responsibility to respondent would not be in the child's
21		best interest.
22		(7) Parenting time. Determine the parenting time, if
23		any, of respondent in any case in which the court awards
24		physical care or allocates temporary significant
25		decision-making responsibility of a minor child to
26		petitioner. The court shall restrict or deny respondent's

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1		parenting time with a minor child if the court finds that
2		respondent has done or is likely to do any of the
3		following: (i) abuse or endanger the minor child during
4		parenting time; (ii) use the parenting time as an
5		opportunity to abuse or harass petitioner or petitioner's
6		family or household members; (iii) improperly conceal or
7		detain the minor child; or (iv) otherwise act in a manner
8		that is not in the best interests of the minor child. The
9		court shall not be limited by the standards set forth in
10		Section 603.10 of the Illinois Marriage and Dissolution of
11		Marriage Act. If the court grants parenting time, the order
12		shall specify dates and times for the parenting time to
13		take place or other specific parameters or conditions that
14		are appropriate. No order for parenting time shall refer
15		merely to the term "reasonable parenting time".
16		Petitioner may deny respondent access to the minor
17		child if, when respondent arrives for parenting time,
18		respondent is under the influence of drugs or alcohol and
19		constitutes a threat to the safety and well-being of
20		petitioner or petitioner's minor children or is behaving in
21		a violent or abusive manner.
22		If necessary to protect any member of petitioner's
23		family or household from future abuse, respondent shall be
24		prohibited from coming to petitioner's residence to meet
25		the minor child for parenting time, and the parties shall
26		submit to the court their recommendations for reasonable

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1		alternative arrangements for parenting time. A person may
2		be approved to supervise parenting time only after filing
3		an affidavit accepting that responsibility and
4		acknowledging accountability to the court.
5		(8) Removal or concealment of minor child. Prohibit
6		respondent from removing a minor child from the State or
7		concealing the child within the State.
8		(9) Order to appear. Order the respondent to appear in
9		court, alone or with a minor child, to prevent abuse,
10		neglect, removal or concealment of the child, to return the
11		child to the custody or care of the petitioner or to permit
12		any court-ordered interview or examination of the child or
13		the respondent.
14		(10) Possession of personal property. Grant petitioner
15		exclusive possession of personal property and, if
16		respondent has possession or control, direct respondent to
17		promptly make it available to petitioner, if:
18		(i) petitioner, but not respondent, owns the
19		property; or
20		(ii) the parties own the property jointly; sharing
21		it would risk abuse of petitioner by respondent or is
22		impracticable; and the balance of hardships favors
23		temporary possession by petitioner.
24		If petitioner's sole claim to ownership of the property
25		is that it is marital property, the court may award
26		petitioner temporary possession thereof under the

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1		standards of subparagraph (ii) of this paragraph only if a
2		proper proceeding has been filed under the Illinois
3		Marriage and Dissolution of Marriage Act, as now or
4		hereafter amended.
5		No order under this provision shall affect title to
6		property.
7		(11) Protection of property. Forbid the respondent
8		from taking, transferring, encumbering, concealing,
9		damaging or otherwise disposing of any real or personal
10		property, except as explicitly authorized by the court, if:
11		(i) petitioner, but not respondent, owns the
12		property; or
13		(ii) the parties own the property jointly, and the
14		balance of hardships favors granting this remedy.
15		If petitioner's sole claim to ownership of the property
16		is that it is marital property, the court may grant
17		petitioner relief under subparagraph (ii) of this
18		paragraph only if a proper proceeding has been filed under
19		the Illinois Marriage and Dissolution of Marriage Act, as
20		now or hereafter amended.
21		The court may further prohibit respondent from
22		improperly using the financial or other resources of an
23		aged member of the family or household for the profit or
24		advantage of respondent or of any other person.
25		(11.5) Protection of animals. Grant the petitioner the
26		exclusive care, custody, or control of any animal owned,

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1		possessed, leased, kept, or held by either the petitioner
2		or the respondent or a minor child residing in the
3		residence or household of either the petitioner or the
4		respondent and order the respondent to stay away from the
5		animal and forbid the respondent from taking,
6		transferring, encumbering, concealing, harming, or
7		otherwise disposing of the animal.
8		(12) Order for payment of support. Order respondent to
9		pay temporary support for the petitioner or any child in
10		the petitioner's care or over whom the petitioner has been
11		allocated parental responsibility, when the respondent has
12		a legal obligation to support that person, in accordance
13		with the Illinois Marriage and Dissolution of Marriage Act,
14		which shall govern, among other matters, the amount of
15		support, payment through the clerk and withholding of
16		income to secure payment. An order for child support may be
17		granted to a petitioner with lawful physical care of a
18		child, or an order or agreement for physical care of a
19		child, prior to entry of an order allocating significant
20		decision-making responsibility. Such a support order shall
21		expire upon entry of a valid order allocating parental
22		responsibility differently and vacating the petitioner's
23		significant decision-making authority, unless otherwise
24		provided in the order.
25		(13) Order for payment of losses. Order respondent to
26		pay petitioner for losses suffered as a direct result of

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1		the abuse, neglect, or exploitation. Such losses shall
2		include, but not be limited to, medical expenses, lost
3		earnings or other support, repair or replacement of
4		property damaged or taken, reasonable attorney's fees,
5		court costs and moving or other travel expenses, including
6		additional reasonable expenses for temporary shelter and
7		restaurant meals.
8		(i) Losses affecting family needs. If a party is
9		entitled to seek maintenance, child support or
10		property distribution from the other party under the
11		Illinois Marriage and Dissolution of Marriage Act, as
12		now or hereafter amended, the court may order
13		respondent to reimburse petitioner's actual losses, to
14		the extent that such reimbursement would be
15		"appropriate temporary relief", as authorized by
16		subsection (a)(3) of Section 501 of that Act.
17		(ii) Recovery of expenses. In the case of an
18		improper concealment or removal of a minor child, the
19		court may order respondent to pay the reasonable
20		expenses incurred or to be incurred in the search for
21		and recovery of the minor child, including but not
22		limited to legal fees, court costs, private
23		investigator fees, and travel costs.
24		(14) Prohibition of entry. Prohibit the respondent
25		from entering or remaining in the residence or household
26		while the respondent is under the influence of alcohol or

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1		drugs and constitutes a threat to the safety and well-being
2		of the petitioner or the petitioner's children.
3		(14.5) Prohibition of firearm possession.
4		(a) Prohibit a respondent against whom an order of
5		protection was issued from possessing any firearms
6		during the duration of the order if the order:
7		(1) was issued after a hearing of which such
8		person received actual notice, and at which such
9		person had an opportunity to participate;
10		(2) restrains such person from harassing,
11		stalking, or threatening an intimate partner of
12		such person or child of such intimate partner or
13		person, or engaging in other conduct that would
14		place an intimate partner in reasonable fear of
15		bodily injury to the partner or child; and
16		(3)(i) includes a finding that such person
17		represents a credible threat to the physical
18		safety of such intimate partner or child; or (ii)
19		by its terms explicitly prohibits the use,
20		attempted use, or threatened use of physical force
21		against such intimate partner or child that would
22		reasonably be expected to cause bodily injury.
23		Any Firearm Owner's Identification Card in the
24		possession of the respondent, except as provided in
25		subsection (b), shall be ordered by the court to be
26		turned over to the local law enforcement agency. The

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1		local law enforcement agency shall immediately mail
2		the card to the Department of State Police Firearm
3		Owner's Identification Card Office for safekeeping.
4		The court shall issue a warrant for seizure of any
5		firearm in the possession of the respondent, to be kept
6		by the local law enforcement agency for safekeeping,
7		except as provided in subsection (b). The period of
8		safekeeping shall be for the duration of the order of
9		protection. The firearm or firearms and Firearm
10		Owner's Identification Card, if unexpired, shall at
11		the respondent's request, be returned to the
12		respondent at the end of the order of protection. It is
13		the respondent's responsibility to notify the
14		Department of State Police Firearm Owner's
15		Identification Card Office.
16		(b) If the respondent is a peace officer as defined
17		in Section 2-13 of the Criminal Code of 2012, the court
18		shall order that any firearms used by the respondent in
19		the performance of his or her duties as a peace officer
20		be surrendered to the chief law enforcement executive
21		of the agency in which the respondent is employed, who
22		shall retain the firearms for safekeeping for the
23		duration of the order of protection.
24		(c) Upon expiration of the period of safekeeping,
25		if the firearms or Firearm Owner's Identification Card
26		cannot be returned to respondent because respondent

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1		cannot be located, fails to respond to requests to
2		retrieve the firearms, or is not lawfully eligible to
3		possess a firearm, upon petition from the local law
4		enforcement agency, the court may order the local law
5		enforcement agency to destroy the firearms, use the
6		firearms for training purposes, or for any other
7		application as deemed appropriate by the local law
8		enforcement agency; or that the firearms be turned over
9		to a third party who is lawfully eligible to possess
10		firearms, and who does not reside with respondent.
11		(15) Prohibition of access to records. If an order of
12		protection prohibits respondent from having contact with
13		the minor child, or if petitioner's address is omitted
14		under subsection (b) of Section 203, or if necessary to
15		prevent abuse or wrongful removal or concealment of a minor
16		child, the order shall deny respondent access to, and
17		prohibit respondent from inspecting, obtaining, or
18		attempting to inspect or obtain, school or any other
19		records of the minor child who is in the care of
20		petitioner.
21		(16) Order for payment of shelter services. Order
22		respondent to reimburse a shelter providing temporary
23		housing and counseling services to the petitioner for the
24		cost of the services, as certified by the shelter and
25		deemed reasonable by the court.
26		(17) Order for injunctive relief. Enter injunctive

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1		relief necessary or appropriate to prevent further abuse of
2		a family or household member or further abuse, neglect, or
3		exploitation of a high-risk adult with disabilities or to
4		effectuate one of the granted remedies, if supported by the
5		balance of hardships. If the harm to be prevented by the
6		injunction is abuse or any other harm that one of the
7		remedies listed in paragraphs (1) through (16) of this
8		subsection is designed to prevent, no further evidence is
9		necessary that the harm is an irreparable injury.
10		(18) Telephone services.
11		(A) Unless a condition described in subparagraph
12		(B) of this paragraph exists, the court may, upon
13		request by the petitioner, order a wireless telephone
14		service provider to transfer to the petitioner the
15		right to continue to use a telephone number or numbers
16		indicated by the petitioner and the financial
17		responsibility associated with the number or numbers,
18		as set forth in subparagraph (C) of this paragraph. The
19		petitioner may request the transfer of each telephone
20		number that the petitioner, or a minor child in his or
21		her custody, uses. The clerk of the court shall serve
22		the order on the wireless telephone service provider's
23		agent for service of process listed with the Secretary
24		of State. The order shall contain all of the following:
25		(i) The name and billing telephone number of
26		the account holder.

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1		(ii) Each telephone number that will be
2		transferred.
3		(iii) A statement that the provider transfers
4		to the petitioner all financial responsibility for
5		and right to the use of any telephone number
6		transferred under this paragraph.
7		(B) A wireless telephone service provider shall
8		terminate the respondent's use of, and shall transfer
9		to the petitioner use of, the telephone number or
10		numbers indicated in subparagraph (A) of this
11		paragraph unless it notifies the petitioner, within 72
12		hours after it receives the order, that one of the
13		following applies:
14		(i) The account holder named in the order has
15		terminated the account.
16		(ii) A difference in network technology would
17		prevent or impair the functionality of a device on
18		a network if the transfer occurs.
19		(iii) The transfer would cause a geographic or
20		other limitation on network or service provision
21		to the petitioner.
22		(iv) Another technological or operational
23		issue would prevent or impair the use of the
24		telephone number if the transfer occurs.
25		(C) The petitioner assumes all financial
26		responsibility for and right to the use of any

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1		telephone number transferred under this paragraph. In
2		this paragraph, "financial responsibility" includes
3		monthly service costs and costs associated with any
4		mobile device associated with the number.
5		(D) A wireless telephone service provider may
6		apply to the petitioner its routine and customary
7		requirements for establishing an account or
8		transferring a number, including requiring the
9		petitioner to provide proof of identification,
10		financial information, and customer preferences.
11		(E) Except for willful or wanton misconduct, a
12		wireless telephone service provider is immune from
13		civil liability for its actions taken in compliance
14		with a court order issued under this paragraph.
15		(c) Relevant factors; findings.
16		(1) In determining whether to grant a specific remedy,
17		other than payment of support, the court shall consider
18		relevant factors, including but not limited to the
19		following:
20		(i) the nature, frequency, severity, pattern and
21		consequences of the respondent's past abuse, neglect
22		or exploitation of the petitioner or any family or
23		household member, including the concealment of his or
24		her location in order to evade service of process or
25		notice, and the likelihood of danger of future abuse,
26		neglect, or exploitation to petitioner or any member of

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1		petitioner's or respondent's family or household; and
2		(ii) the danger that any minor child will be abused
3		or neglected or improperly relocated from the
4		jurisdiction, improperly concealed within the State or
5		improperly separated from the child's primary
6		caretaker.
7		(2) In comparing relative hardships resulting to the
8		parties from loss of possession of the family home, the
9		court shall consider relevant factors, including but not
10		limited to the following:
11		(i) availability, accessibility, cost, safety,
12		adequacy, location and other characteristics of
13		alternate housing for each party and any minor child or
14		dependent adult in the party's care;
15		(ii) the effect on the party's employment; and
16		(iii) the effect on the relationship of the party,
17		and any minor child or dependent adult in the party's
18		care, to family, school, church and community.
19		(3) Subject to the exceptions set forth in paragraph
20		(4) of this subsection, the court shall make its findings
21		in an official record or in writing, and shall at a minimum
22		set forth the following:
23		(i) That the court has considered the applicable
24		relevant factors described in paragraphs (1) and (2) of
25		this subsection.
26		(ii) Whether the conduct or actions of respondent,

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1		unless prohibited, will likely cause irreparable harm
2		or continued abuse.
3		(iii) Whether it is necessary to grant the
4		requested relief in order to protect petitioner or
5		other alleged abused persons.
6		(4) For purposes of issuing an ex parte emergency order
7		of protection, the court, as an alternative to or as a
8		supplement to making the findings described in paragraphs
9		(c)(3)(i) through (c)(3)(iii) of this subsection, may use
10		the following procedure:
11		When a verified petition for an emergency order of
12		protection in accordance with the requirements of Sections
13		203 and 217 is presented to the court, the court shall
14		examine petitioner on oath or affirmation. An emergency
15		order of protection shall be issued by the court if it
16		appears from the contents of the petition and the
17		examination of petitioner that the averments are
18		sufficient to indicate abuse by respondent and to support
19		the granting of relief under the issuance of the emergency
20		order of protection.
21		(5) Never married parties. No rights or
22		responsibilities for a minor child born outside of marriage
23		attach to a putative father until a father and child
24		relationship has been established under the Illinois
25		Parentage Act of 1984, the Illinois Parentage Act of 2015,
26		the Illinois Public Aid Code, Section 12 of the Vital

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1		Records Act, the Juvenile Court Act of 1987, the Probate
2		Act of 1985, the Revised Uniform Reciprocal Enforcement of
3		Support Act, the Uniform Interstate Family Support Act, the
4		Expedited Child Support Act of 1990, any judicial,
5		administrative, or other act of another state or territory,
6		any other Illinois statute, or by any foreign nation
7		establishing the father and child relationship, any other
8		proceeding substantially in conformity with the Personal
9		Responsibility and Work Opportunity Reconciliation Act of
10		1996 (Pub. L. 104-193), or where both parties appeared in
11		open court or at an administrative hearing acknowledging
12		under oath or admitting by affirmation the existence of a
13		father and child relationship. Absent such an
14		adjudication, finding, or acknowledgement, no putative
15		father shall be granted temporary allocation of parental
16		responsibilities, including parenting time with the minor
17		child, or physical care and possession of the minor child,
18		nor shall an order of payment for support of the minor
19		child be entered.
20		(d) Balance of hardships; findings. If the court finds that
21		the balance of hardships does not support the granting of a
22		remedy governed by paragraph (2), (3), (10), (11), or (16) of
23		subsection (b) of this Section, which may require such
24		balancing, the court's findings shall so indicate and shall
25		include a finding as to whether granting the remedy will result
26		in hardship to respondent that would substantially outweigh the

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1		hardship to petitioner from denial of the remedy. The findings
2		shall be an official record or in writing.
3		(e) Denial of remedies. Denial of any remedy shall not be
4		based, in whole or in part, on evidence that:
5		(1) Respondent has cause for any use of force, unless
6		that cause satisfies the standards for justifiable use of
7		force provided by Article 7 of the Criminal Code of 2012;
8		(2) Respondent was voluntarily intoxicated;
9		(3) Petitioner acted in self-defense or defense of
10		another, provided that, if petitioner utilized force, such
11		force was justifiable under Article 7 of the Criminal Code
12		of 2012;
13		(4) Petitioner did not act in self-defense or defense
14		of another;
15		(5) Petitioner left the residence or household to avoid
16		further abuse, neglect, or exploitation by respondent;
17		(6) Petitioner did not leave the residence or household
18		to avoid further abuse, neglect, or exploitation by
19		respondent;
20		(7) Conduct by any family or household member excused
21		the abuse, neglect, or exploitation by respondent, unless
22		that same conduct would have excused such abuse, neglect,
23		or exploitation if the parties had not been family or
24		household members.
25		(Source: P.A. 99-85, eff. 1-1-16; 99-90, eff. 1-1-16; 99-642,
26		eff. 7-28-16.)