Bill Text: IL SB3329 | 2025-2026 | 104th General Assembly | Enrolled

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Bill Title: Reinserts the provisions of the introduced bill. Deletes provisions that a person commits the crime of violation of an order of protection if the person, knowingly transfers a firearm or firearm parts to the respondent or otherwise allows the respondent access to a firearm or firearm parts. Makes other changes to protective order remedies. Amends the Criminal Code of 2012. Provides that a person commits unlawful sale or delivery of firearms when the person gives a firearm or firearm parts to or allows a respondent in an order of protection action access to a firearm or firearm parts in violation of a court order under the Protective Orders Article of the Code of Criminal Procedure of 1963 or the Illinois Domestic Violence Act of 1986. Provides that a violation is a Class A misdemeanor for a first violation and a Class 4 felony violation for a second or subsequent violation.

Sponsorship: Partisan Bill (Democrat 10)

Status: (Enrolled) 2026-06-18 - Sent to the Governor [SB3329 Detail]

Download: Illinois-2025-SB3329-Enrolled.html

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AN ACT concerning domestic violence.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Code of 2012 is amended by
changing Section 24-3 as follows:
(720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
Sec. 24-3. Unlawful sale or delivery of firearms.
(A) A person commits the offense of unlawful sale or
delivery of firearms when he or she knowingly does any of the
following:
(a) Sells or gives any firearm of a size which may be
concealed upon the person to any person under 18 years of
age.
(b) Sells or gives any firearm to a person under 21
years of age who has been convicted of a misdemeanor other
than a traffic offense or adjudged delinquent.
(c) Sells or gives any firearm to any narcotic addict.
(d) Sells or gives any firearm to any person who has
been convicted of a felony under the laws of this or any
other jurisdiction.
(e) Sells or gives any firearm to any person who has
been a patient in a mental institution within the past 5
years. In this subsection (e):

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"Mental institution" means any hospital,
institution, clinic, evaluation facility, mental
health center, or part thereof, which is used
primarily for the care or treatment of persons with
mental illness.
"Patient in a mental institution" means the person
was admitted, either voluntarily or involuntarily, to
a mental institution for mental health treatment,
unless the treatment was voluntary and solely for an
alcohol abuse disorder and no other secondary
substance abuse disorder or mental illness.
(f) Sells or gives any firearms to any person who is a
person with an intellectual disability.
(g) Delivers any firearm, incidental to a sale,
without withholding delivery of the firearm for at least
72 hours after application for its purchase has been made,
or delivers a stun gun or taser, incidental to a sale,
without withholding delivery of the stun gun or taser for
at least 24 hours after application for its purchase has
been made. However, this paragraph (g) does not apply to:
(1) the sale of a firearm to a law enforcement officer if
the seller of the firearm knows that the person to whom he
or she is selling the firearm is a law enforcement officer
or the sale of a firearm to a person who desires to
purchase a firearm for use in promoting the public
interest incident to his or her employment as a bank

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guard, armed truck guard, or other similar employment; (2)
a mail order sale of a firearm from a federally licensed
firearms dealer to a nonresident of Illinois under which
the firearm is mailed to a federally licensed firearms
dealer outside the boundaries of Illinois; (3) (blank);
(4) the sale of a firearm to a dealer licensed as a federal
firearms dealer under Section 923 of the federal Gun
Control Act of 1968 (18 U.S.C. 923); or (5) the transfer or
sale of any rifle, shotgun, or other long gun to a resident
registered competitor or attendee or non-resident
registered competitor or attendee by any dealer licensed
as a federal firearms dealer under Section 923 of the
federal Gun Control Act of 1968 at competitive shooting
events held at the World Shooting Complex sanctioned by a
national governing body. For purposes of transfers or
sales under subparagraph (5) of this paragraph (g), the
Department of Natural Resources shall give notice to the
Illinois State Police at least 30 calendar days prior to
any competitive shooting events at the World Shooting
Complex sanctioned by a national governing body. The
notification shall be made on a form prescribed by the
Illinois State Police. The sanctioning body shall provide
a list of all registered competitors and attendees at
least 24 hours before the events to the Illinois State
Police. Any changes to the list of registered competitors
and attendees shall be forwarded to the Illinois State

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Police as soon as practicable. The Illinois State Police
must destroy the list of registered competitors and
attendees no later than 30 days after the date of the
event. Nothing in this paragraph (g) relieves a federally
licensed firearm dealer from the requirements of
conducting a NICS background check through the Illinois
Point of Contact under 18 U.S.C. 922(t). For purposes of
this paragraph (g), "application" means when the buyer and
seller reach an agreement to purchase a firearm. For
purposes of this paragraph (g), "national governing body"
means a group of persons who adopt rules and formulate
policy on behalf of a national firearm sporting
organization.
(h) While holding any license as a dealer, importer,
manufacturer or pawnbroker under the federal Gun Control
Act of 1968, manufactures, sells or delivers to any
unlicensed person a handgun having a barrel, slide, frame
or receiver which is a die casting of zinc alloy or any
other nonhomogeneous metal which will melt or deform at a
temperature of less than 800 degrees Fahrenheit. For
purposes of this paragraph, (1) "firearm" is defined as in
the Firearm Owners Identification Card Act; and (2)
"handgun" is defined as a firearm designed to be held and
fired by the use of a single hand, and includes a
combination of parts from which such a firearm can be
assembled.

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(i) Sells or gives a firearm of any size to any person
under 18 years of age who does not possess a valid Firearm
Owner's Identification Card.
(j) Sells or gives a firearm while engaged in the
business of selling firearms at wholesale or retail
without being licensed as a federal firearms dealer under
Section 923 of the federal Gun Control Act of 1968 (18
U.S.C. 923). In this paragraph (j):
A person "engaged in the business" means a person who
devotes time, attention, and labor to engaging in the
activity as a regular course of trade or business with the
principal objective of livelihood and profit, but does not
include a person who makes occasional repairs of firearms
or who occasionally fits special barrels, stocks, or
trigger mechanisms to firearms.
"With the principal objective of livelihood and
profit" means that the intent underlying the sale or
disposition of firearms is predominantly one of obtaining
livelihood and pecuniary gain, as opposed to other
intents, such as improving or liquidating a personal
firearms collection; however, proof of profit shall not be
required as to a person who engages in the regular and
repetitive purchase and disposition of firearms for
criminal purposes or terrorism.
(k) Sells or transfers ownership of a firearm to a
person who does not display to the seller or transferor of

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the firearm either: (1) a currently valid Firearm Owner's
Identification Card that has previously been issued in the
transferee's name by the Illinois State Police under the
provisions of the Firearm Owners Identification Card Act;
or (2) a currently valid license to carry a concealed
firearm that has previously been issued in the
transferee's name by the Illinois State Police under the
Firearm Concealed Carry Act. This paragraph (k) does not
apply to the transfer of a firearm to a person who is
exempt from the requirement of possessing a Firearm
Owner's Identification Card under Section 2 of the Firearm
Owners Identification Card Act. For the purposes of this
Section, a currently valid Firearm Owner's Identification
Card or license to carry a concealed firearm means receipt
of an approval number issued in accordance with subsection
(a-10) of Section 3 or Section 3.1 of the Firearm Owners
Identification Card Act.
(1) In addition to the other requirements of this
paragraph (k), all persons who are not federally
licensed firearms dealers must also have complied with
subsection (a-10) of Section 3 of the Firearm Owners
Identification Card Act by determining the validity of
a purchaser's Firearm Owner's Identification Card.
(2) All sellers or transferors who have complied
with the requirements of subparagraph (1) of this
paragraph (k) shall not be liable for damages in any

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civil action arising from the use or misuse by the
transferee of the firearm transferred, except for
willful or wanton misconduct on the part of the seller
or transferor.
(l) Not being entitled to the possession of a firearm,
delivers the firearm, knowing it to have been stolen or
converted. It may be inferred that a person who possesses
a firearm with knowledge that its serial number has been
removed or altered has knowledge that the firearm is
stolen or converted.
(m) Gives a firearm or firearm parts to or allows a
respondent in an order of protection action access to a
firearm or firearm parts in violation of a court order
under Section 112A-14(b)(14.5)(E) or (F) of the Code of
Criminal Procedure of 1963 or subparagraph (D) or (E) of
paragraph (14.5) of subsection (b) of Section 214 of the
Illinois Domestic Violence Act of 1986.
(B) Paragraph (h) of subsection (A) does not include
firearms sold within 6 months after enactment of Public Act
78-355 (approved August 21, 1973, effective October 1, 1973),
nor is any firearm legally owned or possessed by any citizen or
purchased by any citizen within 6 months after the enactment
of Public Act 78-355 subject to confiscation or seizure under
the provisions of that Public Act. Nothing in Public Act
78-355 shall be construed to prohibit the gift or trade of any
firearm if that firearm was legally held or acquired within 6

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months after the enactment of that Public Act.
(C) Sentence.
(1) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (c), (e), (f), (g),
or (h) of subsection (A) commits a Class 4 felony.
(2) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (b) or (i) of
subsection (A) commits a Class 3 felony.
(3) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (a) of subsection
(A) commits a Class 2 felony.
(4) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (a), (b), or (i) of
subsection (A) in any school, on the real property
comprising a school, within 1,000 feet of the real
property comprising a school, at a school related
activity, or on or within 1,000 feet of any conveyance
owned, leased, or contracted by a school or school
district to transport students to or from school or a
school related activity, regardless of the time of day or
time of year at which the offense was committed, commits a
Class 1 felony. Any person convicted of a second or
subsequent violation of unlawful sale or delivery of
firearms in violation of paragraph (a), (b), or (i) of
subsection (A) in any school, on the real property
comprising a school, within 1,000 feet of the real

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property comprising a school, at a school related
activity, or on or within 1,000 feet of any conveyance
owned, leased, or contracted by a school or school
district to transport students to or from school or a
school related activity, regardless of the time of day or
time of year at which the offense was committed, commits a
Class 1 felony for which the sentence shall be a term of
imprisonment of no less than 5 years and no more than 15
years.
(5) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (a) or (i) of
subsection (A) in residential property owned, operated, or
managed by a public housing agency or leased by a public
housing agency as part of a scattered site or mixed-income
development, in a public park, in a courthouse, on
residential property owned, operated, or managed by a
public housing agency or leased by a public housing agency
as part of a scattered site or mixed-income development,
on the real property comprising any public park, on the
real property comprising any courthouse, or on any public
way within 1,000 feet of the real property comprising any
public park, courthouse, or residential property owned,
operated, or managed by a public housing agency or leased
by a public housing agency as part of a scattered site or
mixed-income development commits a Class 2 felony.
(6) Any person convicted of unlawful sale or delivery

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of firearms in violation of paragraph (j) of subsection
(A) commits a Class A misdemeanor. A second or subsequent
violation is a Class 4 felony.
(7) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (k) of subsection
(A) commits a Class 4 felony, except that a violation of
subparagraph (1) of paragraph (k) of subsection (A) shall
not be punishable as a crime or petty offense. A third or
subsequent conviction for a violation of paragraph (k) of
subsection (A) is a Class 1 felony.
(8) A person 18 years of age or older convicted of
unlawful sale or delivery of firearms in violation of
paragraph (a) or (i) of subsection (A), when the firearm
that was sold or given to another person under 18 years of
age was used in the commission of or attempt to commit a
forcible felony, shall be fined or imprisoned, or both,
not to exceed the maximum provided for the most serious
forcible felony so committed or attempted by the person
under 18 years of age who was sold or given the firearm.
(9) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (d) of subsection
(A) commits a Class 3 felony.
(10) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (l) of subsection
(A) commits a Class 2 felony if the delivery is of one
firearm. Any person convicted of unlawful sale or delivery

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of firearms in violation of paragraph (l) of subsection
(A) commits a Class 1 felony if the delivery is of not less
than 2 and not more than 5 firearms at the same time or
within a one-year period. Any person convicted of unlawful
sale or delivery of firearms in violation of paragraph (l)
of subsection (A) commits a Class X felony for which he or
she shall be sentenced to a term of imprisonment of not
less than 6 years and not more than 30 years if the
delivery is of not less than 6 and not more than 10
firearms at the same time or within a 2-year period. Any
person convicted of unlawful sale or delivery of firearms
in violation of paragraph (l) of subsection (A) commits a
Class X felony for which he or she shall be sentenced to a
term of imprisonment of not less than 6 years and not more
than 40 years if the delivery is of not less than 11 and
not more than 20 firearms at the same time or within a
3-year period. Any person convicted of unlawful sale or
delivery of firearms in violation of paragraph (l) of
subsection (A) commits a Class X felony for which he or she
shall be sentenced to a term of imprisonment of not less
than 6 years and not more than 50 years if the delivery is
of not less than 21 and not more than 30 firearms at the
same time or within a 4-year period. Any person convicted
of unlawful sale or delivery of firearms in violation of
paragraph (l) of subsection (A) commits a Class X felony
for which he or she shall be sentenced to a term of

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imprisonment of not less than 6 years and not more than 60
years if the delivery is of 31 or more firearms at the same
time or within a 5-year period.
(11) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (m) of subsection
(A) commits a Class A misdemeanor. A second or subsequent
violation is a Class 4 felony.
(D) For purposes of this Section:
"School" means a public or private elementary or secondary
school, community college, college, or university.
"School related activity" means any sporting, social,
academic, or other activity for which students' attendance or
participation is sponsored, organized, or funded in whole or
in part by a school or school district.
(E) A prosecution for a violation of paragraph (k) of
subsection (A) of this Section may be commenced within 6 years
after the commission of the offense. A prosecution for a
violation of this Section other than paragraph (g) of
subsection (A) of this Section may be commenced within 5 years
after the commission of the offense defined in the particular
paragraph.
(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
102-813, eff. 5-13-22.)
Section 10. The Code of Criminal Procedure of 1963 is
amended by changing Section 112A-14 as follows:

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(725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14)
Sec. 112A-14. Domestic violence order of protection;
remedies.
(a) (Blank).
(b) The court may order any of the remedies listed in this
subsection (b). The remedies listed in this subsection (b)
shall be in addition to other civil or criminal remedies
available to petitioner.
(1) Prohibition of abuse. Prohibit respondent's
harassment, interference with personal liberty,
intimidation of a dependent, physical abuse, or willful
deprivation, as defined in this Article, if such abuse has
occurred or otherwise appears likely to occur if not
prohibited.
(2) Grant of exclusive possession of residence.
Prohibit respondent from entering or remaining in any
residence, household, or premises of the petitioner,
including one owned or leased by respondent, if petitioner
has a right to occupancy thereof. The grant of exclusive
possession of the residence, household, or premises shall
not affect title to real property, nor shall the court be
limited by the standard set forth in subsection (c-2) of
Section 501 of the Illinois Marriage and Dissolution of
Marriage Act.
(A) Right to occupancy. A party has a right to

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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
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

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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 domestic violence order of
protection, or prohibit respondent from entering or
remaining present at petitioner's school, place of
employment, or other specified places at times when
petitioner is present, or both, if reasonable, given the
balance of hardships. Hardships need not be balanced for
the court to enter a stay away order or prohibit entry if
respondent has no right to enter the premises.
(A) If a domestic violence order of protection
grants petitioner exclusive possession of the
residence, prohibits respondent from entering the
residence, or orders respondent to stay away from
petitioner or other protected persons, then the court
may allow respondent access to the residence to remove
items of clothing and personal adornment used

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

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

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

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(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 the respondent is charged with abuse (as defined in
Section 112A-3 of this Code) of a minor child, there shall
be a rebuttable presumption that awarding physical care to
respondent would not be in the minor child's best
interest.
(6) Temporary allocation of parental responsibilities
and significant decision-making responsibilities. Award
temporary significant decision-making responsibility to
petitioner in accordance with this Section, the Illinois
Marriage and Dissolution of Marriage Act, the Illinois
Parentage Act of 2015, and this State's Uniform
Child-Custody Jurisdiction and Enforcement Act.
If the respondent is charged with abuse (as defined in
Section 112A-3 of this Code) of a minor child, there shall
be a rebuttable presumption that awarding temporary
significant decision-making responsibility to respondent

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

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respondent is under the influence of drugs or alcohol and
constitutes a threat to the safety and well-being of
petitioner or petitioner's minor children or is behaving
in a violent or abusive manner. If necessary to protect
any member of petitioner's family or household from future
abuse, respondent shall be prohibited from coming to
petitioner's residence to meet the minor child for
parenting time, and the petitioner and respondent shall
submit to the court their recommendations for reasonable
alternative arrangements for parenting time. A person may
be approved to supervise parenting time only after filing
an affidavit accepting that responsibility and
acknowledging accountability to the court.
(8) Removal or concealment of minor child. Prohibit
respondent from removing a minor child from the State or
concealing the child within the State.
(9) Order to appear. Order the respondent to appear in
court, alone or with a minor child, to prevent abuse,
neglect, removal or concealment of the child, to return
the child to the custody or care of the petitioner, or to
permit any court-ordered interview or examination of the
child or the respondent.
(10) Possession of personal property. Grant petitioner
exclusive possession of personal property and, if
respondent has possession or control, direct respondent to
promptly make it available to petitioner, if:

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

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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 over whom the petitioner has been
allocated parental responsibility, when the respondent has
a legal obligation to support that person, in accordance
with the Illinois Marriage and Dissolution of Marriage
Act, which shall govern, among other matters, the amount

SB3329 Enrolled - 24 - LRB104 17833 RLC 31267 b
of support, payment through the clerk and withholding of
income to secure payment. An order for child support may
be granted to a petitioner with lawful physical care of a
child, or an order or agreement for physical care of a
child, prior to entry of an order allocating significant
decision-making responsibility. Such a support order shall
expire upon entry of a valid order allocating parental
responsibility differently and vacating petitioner's
significant decision-making responsibility unless
otherwise provided in the order.
(13) Order for payment of losses. Order respondent to
pay petitioner for losses suffered as a direct result of
the abuse. Such losses shall include, but not be limited
to, medical expenses, lost earnings or other support,
repair or replacement of property damaged or taken,
reasonable attorney's fees, court costs, and moving or
other travel expenses, including additional reasonable
expenses for temporary shelter and restaurant meals.
(i) Losses affecting family needs. If a party is
entitled to seek maintenance, child support, or
property distribution from the other party under the
Illinois Marriage and Dissolution of Marriage Act, as
now or hereafter amended, the court may order
respondent to reimburse petitioner's actual losses, to
the extent that such reimbursement would be
"appropriate temporary relief", as authorized by

SB3329 Enrolled - 25 - LRB104 17833 RLC 31267 b
subsection (a)(3) of Section 501 of that Act.
(ii) Recovery of expenses. In the case of an
improper concealment or removal of a minor child, the
court may order respondent to pay the reasonable
expenses incurred or to be incurred in the search for
and recovery of the minor child, including, but not
limited to, legal fees, court costs, private
investigator fees, and travel costs.
(14) Prohibition of entry. Prohibit the respondent
from entering or remaining in the residence or household
while the respondent is under the influence of alcohol or
drugs and constitutes a threat to the safety and
well-being of the petitioner or the petitioner's children.
(14.5) Prohibition of possession of firearms and
firearm parts; search and seizure of firearms and firearm
parts.
(A) Subject to the provisions of subparagraph
(B-2), if applicable, a person who is subject to an
existing domestic violence order of protection issued
under this Code may not lawfully possess firearms or
firearm parts that could be assembled to make an
operable firearm or a Firearm Owner's Identification
Card under Section 8.2 of the Firearm Owners
Identification Card Act.
(B) Any firearms in the possession of the
respondent, except as provided in subparagraph (C) of

SB3329 Enrolled - 26 - LRB104 17833 RLC 31267 b
this paragraph (14.5) and subject to the provisions of
subparagraph (B-2), if applicable, shall be ordered by
the court to be surrendered to law enforcement for
safekeeping. Any firearms or firearm parts on the
respondent's person or at the place of service shall
be immediately surrendered to the serving officers at
the time of service of the order of protection, and any
other firearms or firearm parts shall be surrendered
to local law enforcement within 24 hours of service of
the order of protection. Any Firearm Owner's
Identification Card or Concealed Carry License in the
possession of the respondent, except as provided in
subparagraph (C), shall also be ordered by the court
to be turned over to serving officers at the time of
service of the order of protection or, if not on the
respondent's person or at the location where the
respondent is served at the time of service, to local
law enforcement within 24 hours of service of the
order. The law enforcement agency shall immediately
mail the card, as well as any license, to the Illinois
State Police Firearm Owner's Identification Card
Office for safekeeping.
(B-1) Upon request of the petitioner or the
State's Attorney on behalf of the petitioner, a law
enforcement officer may seek a search warrant based on
the allegations in the petition for the Order of

SB3329 Enrolled - 27 - LRB104 17833 RLC 31267 b
Protection.
(i) If requested by law enforcement, the court
shall issue a search warrant for the seizure of
any firearms or firearm parts that could be
assembled to make an operable firearm belonging to
the respondent at or after entry of an order of
protection if the court, based upon sworn
testimony and governed by Sections 108-3 and
108-4, finds probable cause exists that:
(aa) the respondent poses an immediate and
present credible threat to the physical safety
of the petitioner protected by the order of
protection;
(bb) the respondent possesses firearms or
firearm parts that could be assembled to make
an operable firearm; and
(cc) the firearms or firearm parts that
could be assembled to make an operable firearm
are located at the residence, vehicle, or
other property of the respondent to be
searched.
(ii) The search warrant shall specify with
particularity the scope of the search, including
the property to be searched, and shall direct the
law enforcement agency to seize the respondent's
firearms and firearm parts that could be assembled

SB3329 Enrolled - 28 - LRB104 17833 RLC 31267 b
to make an operable firearm. Law enforcement shall
also be directed to seize into their possession
any Firearm Owner's Identification Card and any
Concealed Carry License belonging to the
respondent.
(iii) The law enforcement agency to which the
court has directed the warrant shall execute the
warrant no later than 96 hours after issuance. The
law enforcement agency to which the court has
directed the warrant may coordinate with other law
enforcement agencies to execute the warrant. A
return of the warrant shall be filed by the law
enforcement agency within 24 hours of execution,
setting forth the time, date, and location where
the warrant was executed and what items, if any,
were seized. If the court is not in session, the
return information shall be returned on the next
date the court is in session. Subject to the
provisions of this Section, peace officers shall
have the same authority to execute a warrant
issued under this subsection as a warrant issued
under Article 108.
(iv) If the property to be searched is in
another county, the petitioner or the State's
Attorney may seek a search warrant in that county
with the law enforcement agency with primary

SB3329 Enrolled - 29 - LRB104 17833 RLC 31267 b
responsibility for responding to service calls at
the property to be searched. Regardless of whether
the petitioner is working with the State's
Attorney under subsection (d) of Section 112A-4.5,
the petitioner may request the State's Attorney's
assistance to request that the law enforcement
agency in the county where the property is located
seek a search warrant.
(v) Service of an order of protection shall,
to the extent possible, be concurrent with any
warrant issued under this paragraph.
(B-2) Ex parte relief may be granted under this
paragraph (14.5) only if the court finds that personal
injury to the petitioner is likely to occur if the
respondent received prior notice and if the petitioner
has otherwise satisfied the requirements of Section
112A-17.5 of this Article.
(C) If the respondent is a peace officer as
defined in Section 2-13 of the Criminal Code of 2012,
the court shall order that any firearms used by the
respondent in the performance of his or her duties as a
peace officer be surrendered to the chief law
enforcement executive of the agency in which the
respondent is employed, who shall retain the firearms
for safekeeping for the duration of the domestic
violence order of protection.

SB3329 Enrolled - 30 - LRB104 17833 RLC 31267 b
(D)(i) Any firearms or firearm parts that could be
assembled to make an operable firearm that have been
seized or surrendered shall be kept by the law
enforcement agency that took possession of the items
for safekeeping, except as provided in subparagraph
(C), (E), or (F). The period of safekeeping shall be
for the duration of the order of protection. Except as
provided in subparagraph (F), the respondent is
prohibited from transferring firearms or firearm parts
to another individual in lieu of surrender to law
enforcement. The law enforcement agency shall provide
an itemized statement of receipt to the respondent and
the court describing any seized or surrendered
firearms or firearm parts and informing the respondent
that the respondent may seek the return of the
respondent's items at the end of the order of
protection. The law enforcement agency may enter
arrangements, as needed, with federally licensed
firearm dealers or other law enforcement agencies for
the storage of any firearms seized or surrendered
under this subsection.
(ii) It is the respondent's responsibility to
request the return or reinstatement of any Firearm
Owner's Identification Card or Concealed Carry License
and to notify the Illinois State Police Firearm
Owner's Identification Card Office at the end of the

SB3329 Enrolled - 31 - LRB104 17833 RLC 31267 b
Order of Protection.
(iii) At the end of the order of protection, a
respondent may request the return of any seized or
surrendered firearms or firearm parts that could be
assembled to make an operable firearm. Seized or
surrendered firearms or firearm parts shall be
returned within 14 days of the request to the
respondent, if the respondent is lawfully eligible to
possess firearms, or to a designated third party who
is lawfully eligible to possess firearms. If the
firearms or firearm parts cannot be returned to
respondent because (1) the respondent has not
requested the return or transfer of the firearms or
firearm parts as set forth in this subparagraph and
(2) the respondent cannot be located or fails to
respond to more than 3 requests to retrieve the
firearms, upon petition from the appropriate law
enforcement agency and notice to the respondent at the
respondent's last known address, the court may order
the law enforcement agency to destroy the firearms or
firearm parts; use the firearms or firearm parts for
training purposes, or for any other application as
deemed appropriate by the law enforcement agency; or
turn over the firearms or firearm parts to a third
party who is lawfully eligible to possess firearms,
and who does not reside with respondent.

SB3329 Enrolled - 32 - LRB104 17833 RLC 31267 b
(E)(i) If a person other than the respondent
claims title to any firearms or firearm parts that
could be assembled to make an operable firearm seized
or surrendered under this subsection, the person may
petition the court to have the firearm and firearm
parts that could be assembled to make an operable
firearm returned to him or her with proper notice to
the petitioner and respondent. If, at a hearing on the
petition, the court determines the person to be the
lawful owner of the firearm and firearm parts that
could be assembled to make an operable firearm, the
firearm and firearm parts that could be assembled to
make an operable firearm shall be returned to the
person, provided that:
(aa) the firearm and firearm parts that could
be assembled to make an operable firearm are
removed from the respondent's custody, control, or
possession, and the lawful owner agrees to store
the firearm and firearm parts that could be
assembled to make an operable firearm in a manner
such that the respondent does not have access to
or control of the firearm and firearm parts that
could be assembled to make an operable firearm;
and
(bb) the firearm and firearm parts that could
be assembled to make an operable firearm are not

SB3329 Enrolled - 33 - LRB104 17833 RLC 31267 b
otherwise unlawfully possessed by the owner.
(ii) The person petitioning for the return of his
or her firearm and firearm parts that could be
assembled to make an operable firearm must swear or
affirm by affidavit that he or she:
(aa) is the lawful owner of the firearm and
firearm parts that could be assembled to make an
operable firearm;
(bb) shall not transfer the firearm and
firearm parts that could be assembled to make an
operable firearm to the respondent; and
(cc) will store the firearm and firearm parts
that could be assembled to make an operable
firearm in a manner that the respondent does not
have access to or control of the firearm and
firearm parts that could be assembled to make an
operable firearm.
(F)(i) The respondent may file a motion to
transfer, at the next scheduled hearing, any seized or
surrendered firearms or firearm parts to a third
party. Notice of the motion shall be provided to the
petitioner and the third party must appear at the
hearing.
(ii) The court may order transfer of the seized or
surrendered firearm or firearm parts only if:
(aa) the third party transferee affirms by

SB3329 Enrolled - 34 - LRB104 17833 RLC 31267 b
affidavit and to the open court that:
(I) the third party transferee does not
reside with the respondent;
(II) the respondent does not have access
to the location in which the third party
transferee intends to keep the firearms or
firearm parts;
(III) the third party transferee will not
transfer the firearm or firearm parts to the
respondent or anyone who resides with the
respondent;
(IV) the third party transferee will
maintain control and possession of the firearm
or firearm parts until otherwise ordered by
the court; and
(V) the third party transferee is aware
that transferring the firearms or firearm
parts or allowing the respondent access to the
firearms or firearm parts would be a violation
of Section 24-3 of the Criminal Code of 2012
will be subject to criminal penalties for
transferring the firearms or firearm parts to
the respondent; and
(bb) the court finds that:
(I) the third party respondent holds a
valid Firearm Owner's Identification; and

SB3329 Enrolled - 35 - LRB104 17833 RLC 31267 b
(II) the transfer of firearms or firearm
parts to the third party transferee does not
place the petitioner or any other protected
parties at any additional threat or risk of
harm.
(15) Prohibition of access to records. If a domestic
violence order of protection prohibits respondent from
having contact with the minor child, or if petitioner's
address is omitted under subsection (b) of Section 112A-5
of this Code, or if necessary to prevent abuse or wrongful
removal or concealment of a minor child, the order shall
deny respondent access to, and prohibit respondent from
inspecting, obtaining, or attempting to inspect or obtain,
school or any other records of the minor child who is in
the care of petitioner.
(16) Order for payment of shelter services. Order
respondent to reimburse a shelter providing temporary
housing and counseling services to the petitioner for the
cost of the services, as certified by the shelter and
deemed reasonable by the court.
(17) Order for injunctive relief. Enter injunctive
relief necessary or appropriate to prevent further abuse
of a family or household member or to effectuate one of the
granted remedies, if supported by the balance of
hardships. If the harm to be prevented by the injunction
is abuse or any other harm that one of the remedies listed

SB3329 Enrolled - 36 - LRB104 17833 RLC 31267 b
in paragraphs (1) through (16) of this subsection is
designed to prevent, no further evidence is necessary to
establish that the harm is an irreparable injury.
(18) Telephone services.
(A) Unless a condition described in subparagraph
(B) of this paragraph exists, the court may, upon
request by the petitioner, order a wireless telephone
service provider to transfer to the petitioner the
right to continue to use a telephone number or numbers
indicated by the petitioner and the financial
responsibility associated with the number or numbers,
as set forth in subparagraph (C) of this paragraph. In
this paragraph (18), the term "wireless telephone
service provider" means a provider of commercial
mobile service as defined in 47 U.S.C. 332. The
petitioner may request the transfer of each telephone
number that the petitioner, or a minor child in his or
her custody, uses. The clerk of the court shall serve
the order on the wireless telephone service provider's
agent for service of process provided to the Illinois
Commerce Commission. The order shall contain all of
the following:
(i) The name and billing telephone number of
the account holder including the name of the
wireless telephone service provider that serves
the account.

SB3329 Enrolled - 37 - LRB104 17833 RLC 31267 b
(ii) Each telephone number that will be
transferred.
(iii) A statement that the provider transfers
to the petitioner all financial responsibility for
and right to the use of any telephone number
transferred under this paragraph.
(B) A wireless telephone service provider shall
terminate the respondent's use of, and shall transfer
to the petitioner use of, the telephone number or
numbers indicated in subparagraph (A) of this
paragraph unless it notifies the petitioner, within 72
hours after it receives the order, that one of the
following applies:
(i) The account holder named in the order has
terminated the account.
(ii) A difference in network technology would
prevent or impair the functionality of a device on
a network if the transfer occurs.
(iii) The transfer would cause a geographic or
other limitation on network or service provision
to the petitioner.
(iv) Another technological or operational
issue would prevent or impair the use of the
telephone number if the transfer occurs.
(C) The petitioner assumes all financial
responsibility for and right to the use of any

SB3329 Enrolled - 38 - LRB104 17833 RLC 31267 b
telephone number transferred under this paragraph. In
this paragraph, "financial responsibility" includes
monthly service costs and costs associated with any
mobile device associated with the number.
(D) A wireless telephone service provider may
apply to the petitioner its routine and customary
requirements for establishing an account or
transferring a number, including requiring the
petitioner to provide proof of identification,
financial information, and customer preferences.
(E) Except for willful or wanton misconduct, a
wireless telephone service provider is immune from
civil liability for its actions taken in compliance
with a court order issued under this paragraph.
(F) All wireless service providers that provide
services to residential customers shall provide to the
Illinois Commerce Commission the name and address of
an agent for service of orders entered under this
paragraph (18). Any change in status of the registered
agent must be reported to the Illinois Commerce
Commission within 30 days of such change.
(G) The Illinois Commerce Commission shall
maintain the list of registered agents for service for
each wireless telephone service provider on the
Commission's website. The Commission may consult with
wireless telephone service providers and the Circuit

SB3329 Enrolled - 39 - LRB104 17833 RLC 31267 b
Court Clerks on the manner in which this information
is provided and displayed.
(c) Relevant factors; findings.
(1) In determining whether to grant a specific remedy,
other than payment of support, the court shall consider
relevant factors, including, but not limited to, the
following:
(i) the nature, frequency, severity, pattern, and
consequences of the respondent's past abuse of the
petitioner or any family or household member,
including the concealment of his or her location in
order to evade service of process or notice, and the
likelihood of danger of future abuse to petitioner or
any member of petitioner's or respondent's family or
household; and
(ii) the danger that any minor child will be
abused or neglected or improperly relocated from the
jurisdiction, improperly concealed within the State,
or improperly separated from the child's primary
caretaker.
(2) In comparing relative hardships resulting to the
parties from loss of possession of the family home, the
court shall consider relevant factors, including, but not
limited to, the following:
(i) availability, accessibility, cost, safety,
adequacy, location, and other characteristics of

SB3329 Enrolled - 40 - LRB104 17833 RLC 31267 b
alternate housing for each party and any minor child
or dependent adult in the party's care;
(ii) the effect on the party's employment; and
(iii) the effect on the relationship of the party,
and any minor child or dependent adult in the party's
care, to family, school, church, and community.
(3) Subject to the exceptions set forth in paragraph
(4) of this subsection (c), the court shall make its
findings in an official record or in writing, and shall at
a minimum set forth the following:
(i) That the court has considered the applicable
relevant factors described in paragraphs (1) and (2)
of this subsection (c).
(ii) Whether the conduct or actions of respondent,
unless prohibited, will likely cause irreparable harm
or continued abuse.
(iii) Whether it is necessary to grant the
requested relief in order to protect petitioner or
other alleged abused persons.
(4) (Blank).
(5) Never married parties. No rights or
responsibilities for a minor child born outside of
marriage attach to a putative father until a father and
child relationship has been established under the Illinois
Parentage Act of 1984, the Illinois Parentage Act of 2015,
the Illinois Public Aid Code, Section 12 of the Vital

SB3329 Enrolled - 41 - LRB104 17833 RLC 31267 b
Records Act, the Juvenile Court Act of 1987, the Probate
Act of 1975, the Uniform Interstate Family Support Act,
the Expedited Child Support Act of 1990, any judicial,
administrative, or other act of another state or
territory, any other statute of this State, or by any
foreign nation establishing the father and child
relationship, any other proceeding substantially in
conformity with the federal Personal Responsibility and
Work Opportunity Reconciliation Act of 1996, or when both
parties appeared in open court or at an administrative
hearing acknowledging under oath or admitting by
affirmation the existence of a father and child
relationship. Absent such an adjudication, no putative
father shall be granted temporary allocation of parental
responsibilities, including parenting time with the minor
child, or physical care and possession of the minor child,
nor shall an order of payment for support of the minor
child be entered.
(d) Balance of hardships; findings. If the court finds
that the balance of hardships does not support the granting of
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.

SB3329 Enrolled - 42 - LRB104 17833 RLC 31267 b
The findings shall be an official record or in writing.
(e) Denial of remedies. Denial of any remedy shall not be
based, in whole or in part, on evidence that:
(1) respondent has cause for any use of force, unless
that cause satisfies the standards for justifiable use of
force provided by Article 7 of the Criminal Code of 2012;
(2) respondent was voluntarily intoxicated;
(3) petitioner acted in self-defense or defense of
another, provided that, if petitioner utilized force, such
force was justifiable under Article 7 of the Criminal Code
of 2012;
(4) petitioner did not act in self-defense or defense
of another;
(5) petitioner left the residence or household to
avoid further abuse by respondent;
(6) petitioner did not leave the residence or
household to avoid further abuse by respondent; or
(7) conduct by any family or household member excused
the abuse by respondent, unless that same conduct would
have excused such abuse if the parties had not been family
or household members.
(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
102-813, eff. 5-13-22; 103-1065, eff. 5-11-25.)
Section 15. The Illinois Domestic Violence Act of 1986 is
amended by changing Section 214 as follows:

SB3329 Enrolled - 43 - LRB104 17833 RLC 31267 b
(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 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.

SB3329 Enrolled - 44 - LRB104 17833 RLC 31267 b
Prohibit respondent's harassment, interference with
personal liberty, intimidation of a dependent, physical
abuse, or willful deprivation, neglect or exploitation, as
defined in this Act, or stalking of the petitioner, as
defined in Section 12-7.3 of the Criminal Code of 2012, if
such abuse, neglect, exploitation, or stalking has
occurred or otherwise appears likely to occur if not
prohibited.
(2) Grant of exclusive possession of residence.
Prohibit respondent from entering or remaining in any
residence, household, or premises of the petitioner,
including one owned or leased by respondent, if petitioner
has a right to occupancy thereof. The grant of exclusive
possession of the residence, household, or premises shall
not affect title to real property, nor shall the court be
limited by the standard set forth in subsection (c-2) of
Section 501 of the Illinois Marriage and Dissolution of
Marriage Act.
(A) Right to occupancy. A party has a right to
occupancy of a residence or household if it is solely
or jointly owned or leased by that party, that party's
spouse, a person with a legal duty to support that
party or a minor child in that party's care, or by any
person or entity other than the opposing party that
authorizes that party's occupancy (e.g., a domestic
violence shelter). Standards set forth in subparagraph

SB3329 Enrolled - 45 - LRB104 17833 RLC 31267 b
(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,
accessible, alternate housing for petitioner instead

SB3329 Enrolled - 46 - LRB104 17833 RLC 31267 b
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.
(A) If an order of protection grants petitioner
exclusive possession of the residence, or prohibits
respondent from entering the residence, or orders
respondent to stay away from petitioner or other
protected persons, then the court may allow respondent
access to the residence to remove items of clothing
and personal adornment used exclusively by respondent,
medications, and other items as the court directs. The
right to access shall be exercised on only one
occasion as the court directs and in the presence of an
agreed-upon adult third party or law enforcement
officer.
(B) When the petitioner and the respondent attend
the same public, private, or non-public elementary,

SB3329 Enrolled - 47 - LRB104 17833 RLC 31267 b
middle, or high school, the court when issuing an
order of protection and providing relief shall
consider the severity of the act, any continuing
physical danger or emotional distress to the
petitioner, the educational rights guaranteed to the
petitioner and respondent under federal and State law,
the availability of a transfer of the respondent to
another school, a change of placement or a change of
program of the respondent, the expense, difficulty,
and educational disruption that would be caused by a
transfer of the respondent to another school, and any
other relevant facts of the case. The court may order
that the respondent not attend the public, private, or
non-public elementary, middle, or high school attended
by the petitioner, order that the respondent accept a
change of placement or change of program, as
determined by the school district or private or
non-public school, or place restrictions on the
respondent's movements within the school attended by
the petitioner. The respondent bears the burden of
proving by a preponderance of the evidence that a
transfer, change of placement, or change of program of
the respondent is not available. The respondent also
bears the burden of production with respect to the
expense, difficulty, and educational disruption that
would be caused by a transfer of the respondent to

SB3329 Enrolled - 48 - LRB104 17833 RLC 31267 b
another school. A transfer, change of placement, or
change of program is not unavailable to the respondent
solely on the ground that the respondent does not
agree with the school district's or private or
non-public school's transfer, change of placement, or
change of program or solely on the ground that the
respondent fails or refuses to consent or otherwise
does not take an action required to effectuate a
transfer, change of placement, or change of program.
When a court orders a respondent to stay away from the
public, private, or non-public school attended by the
petitioner and the respondent requests a transfer to
another attendance center within the respondent's
school district or private or non-public school, the
school district or private or non-public school shall
have sole discretion to determine the attendance
center to which the respondent is transferred. In the
event the court order results in a transfer of the
minor respondent to another attendance center, a
change in the respondent's placement, or a change of
the respondent's program, the parents, guardian, or
legal custodian of the respondent is responsible for
transportation and other costs associated with the
transfer or change.
(C) The court may order the parents, guardian, or
legal custodian of a minor respondent to take certain

SB3329 Enrolled - 49 - LRB104 17833 RLC 31267 b
actions or to refrain from taking certain actions to
ensure that the respondent complies with the order. In
the event the court orders a transfer of the
respondent to another school, the parents, guardian,
or legal custodian of the respondent is responsible
for transportation and other costs associated with the
change of school by the respondent.
(4) Counseling. Require or recommend the respondent to
undergo counseling for a specified duration with a social
worker, psychologist, clinical psychologist,
psychiatrist, family service agency, alcohol or substance
abuse program, mental health center guidance counselor,
agency providing services to elders, program designed for
domestic violence abusers or any other guidance service
the court deems appropriate. The Court may order the
respondent in any intimate partner relationship to report
to an Illinois Department of Human Services protocol
approved partner abuse intervention program for an
assessment and to follow all recommended treatment.
(5) Physical care and possession of the minor child.
In order to protect the minor child from abuse, neglect,
or unwarranted separation from the person who has been the
minor child's primary caretaker, or to otherwise protect
the well-being of the minor child, the court may do either
or both of the following: (i) grant petitioner physical
care or possession of the minor child, or both, or (ii)

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

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

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alternative arrangements for parenting time. A person may
be approved to supervise parenting time only after filing
an affidavit accepting that responsibility and
acknowledging accountability to the court.
(8) Removal or concealment of minor child. Prohibit
respondent from removing a minor child from the State or
concealing the child within the State.
(9) Order to appear. Order the respondent to appear in
court, alone or with a minor child, to prevent abuse,
neglect, removal or concealment of the child, to return
the child to the custody or care of the petitioner or to
permit any court-ordered interview or examination of the
child or the respondent.
(10) Possession of personal property. Grant petitioner
exclusive possession of personal property and, if
respondent has possession or control, direct respondent to
promptly make it available to petitioner, if:
(i) petitioner, but not respondent, owns the
property; or
(ii) the 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

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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 over whom the petitioner has been
allocated parental responsibility, when the respondent has
a legal obligation to support that person, in accordance
with the Illinois Marriage and Dissolution of Marriage
Act, which shall govern, among other matters, the amount
of support, payment through the clerk and withholding of
income to secure payment. An order for child support may
be granted to a petitioner with lawful physical care of a
child, or an order or agreement for physical care of a
child, prior to entry of an order allocating significant
decision-making responsibility. Such a support order shall
expire upon entry of a valid order allocating parental
responsibility differently and vacating the petitioner's
significant decision-making authority, unless otherwise
provided in the order.
(13) Order for payment of losses. Order respondent to

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pay petitioner for losses suffered as a direct result of
the abuse, neglect, or exploitation. Such losses shall
include, but not be limited to, medical expenses, lost
earnings or other support, repair or replacement of
property damaged or taken, reasonable attorney's fees,
court costs and moving or other travel expenses, including
additional reasonable expenses for temporary shelter and
restaurant meals.
(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

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

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

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or plenary order of protection and subject to the
provisions of item (ii) of this subparagraph (A-1),
the court shall issue a search warrant for the seizure
of any firearms or firearm parts that could be
assembled to make an operable firearm belonging to the
respondent if the court, based upon sworn testimony,
finds that:
(aa) the respondent poses a credible threat to
the physical safety of the petitioner protected by
the order of protection; and
(bb) probable cause exists to believe that:
(I) the respondent possesses firearms or
firearm parts that could be assembled to make
an operable firearm;
(II) the firearms or firearm parts that
could be assembled to make an operable firearm
are located at the residence, vehicle, or
other property of the respondent to be
searched; and
(III) the credible threat to the physical
safety of the petitioner protected by the
order of protection is immediate and present.
The record shall reflect the court's findings in
determining whether the search warrant shall be
issued.
(ii) If the petitioner does not seek a warrant

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under this subparagraph (A-1) or the court determines
that the requirements of this subparagraph (A-1) have
not been met, relief under subparagraph (A) alone may
be granted.
(iii) An ex parte search warrant shall be granted
under this subparagraph (A-1) only if the court finds
that:
(aa) the elements of item (i) of subparagraph
(A-1) have been met;
(bb) personal injury to the petitioner is
likely to occur if the respondent received prior
notice; and
(cc) the petitioner has otherwise satisfied
the requirements of Section 217 of this Act.
(iv) Oral testimony is sufficient in lieu of an
affidavit to support a finding of probable cause.
(v) A search warrant issued under this
subparagraph (A-1) shall be directed by the court for
enforcement to the law enforcement agency with primary
responsibility for responding to calls for service at
the location to be searched or to another appropriate
law enforcement agency if justified by the
circumstances. The search warrant shall specify with
particularity the scope of the search, including the
property to be searched, and shall direct the law
enforcement agency to seize the respondent's firearms

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and firearm parts that could be assembled to make an
operable firearm. Law enforcement shall also be
directed to seize any Firearm Owner's Identification
Card and any Concealed Carry License belonging to the
respondent.
(vi) The petitioner shall prepare an information
sheet, reviewed by the court, for law enforcement at
the time the warrant is granted. The information sheet
shall include:
(aa) contact information for the petitioner,
the petitioner's attorney, or both, including a
telephone number and email, if available;
(bb) a physical description of the respondent,
including the respondent's date of birth, if
known, or approximate age, height, weight, race,
and hair color;
(cc) days and times that the respondent is
likely to be at the property to be searched, if
known; and
(dd) whether people other than the respondent
are likely to be present at the property to be
searched and when, if known.
(vii) The information sheet shall be transmitted
to the law enforcement agency to which the search
warrant is directed in the same manner as the warrant
is transmitted under Section 222 of this Act.

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(viii) If the court, after determining a search
warrant should issue, finds that the petitioner has
made a credible report of domestic violence to the
local law enforcement agency within the previous 90
days, law enforcement shall execute the warrant no
later than 96 hours after receipt of the warrant. If
the court finds that petitioner has not made such a
report, the law enforcement agency to which the court
has directed the warrant shall, within 48 hours of
receipt, evaluate the warrant and seek any corrections
to the warrant, and, if applicable, add to or negate
the warrant. If the law enforcement agency seeks to
negate the warrant, it shall take reasonable steps to
notify the petitioner before appearing before the
court. The record shall reflect the court's findings
in determining whether to correct, add, or negate the
warrant. If a change is made regarding the search
warrant, law enforcement shall execute the warrant no
later than 96 hours after the correction is issued.
The law enforcement agency shall notify the petitioner
of any changes to the warrant or if the warrant has
been negated. The law enforcement agency to which the
court has directed the warrant may coordinate with
other law enforcement agencies to execute the warrant.
A return of the warrant shall be filed by the law
enforcement agency within 24 hours of execution,

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setting forth the time, date, and location where the
warrant was executed and what items, if any, were
seized. If the court is not in session, the return
information shall be returned on the next date the
court is in session. Subject to the provisions of this
Section, peace officers shall have the same authority
to execute a warrant issued pursuant to this
subsection as a warrant issued under Article 108 of
the Code of Criminal Procedure of 1963.
(ix) Upon discovering a defect in the search
warrant, the appropriate law enforcement agency may
petition the court to correct the warrant. The law
enforcement agency shall notify the petitioner of any
such correction.
(x) Upon petition by the appropriate law
enforcement agency, the court may modify the search
warrant or extend the time to execute the search
warrant for a period of no more than 96 hours. If the
court is not in session, the law enforcement agency
may seek an extension and, if needed, modification on
the next day the court is in session. Any extension
granted under this paragraph shall run from the end of
the initial period to execute the warrant or the entry
of the extending order, whichever is later. In
determining whether to modify or extend the warrant,
the court shall consider:

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(aa) any increased risk to the petitioner's
safety that may result from a modification or
extension of the warrant;
(bb) any unnecessary risk to law enforcement
that would be mitigated by a modification or
extension of the warrant;
(cc) any risks to third parties at the
location to be searched that would be mitigated by
a modification or extension of the warrant; and
(dd) the likelihood of successful execution of
warrant.
The record shall reflect the court's findings in
determining whether to extend or modify the warrant.
If seeking an extension of time to execute the
warrant, the law enforcement agency shall take
reasonable steps to notify the petitioner prior to
appearing before the court. The law enforcement agency
shall notify the petitioner of any modification or
extension of the warrant.
(xi) Service of any order of protection shall, to
the extent possible, be concurrent with the execution
of any search warrant under this paragraph.
(B) If the respondent is a peace officer as
defined in Section 2-13 of the Criminal Code of 2012,
the court shall order that any firearms used by the
respondent in the performance of his or her duties as a

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peace officer be surrendered to the chief law
enforcement executive of the agency in which the
respondent is employed, who shall retain the firearms
for safekeeping for the duration of the order of
protection.
(C)(i) Any firearms or firearm parts that could be
assembled to make an operable firearm shall be kept by
the law enforcement agency that took possession of the
items for safekeeping, except as provided in
subparagraph (B). The period of safekeeping shall be
for the duration of the order of protection. Except as
provided in subparagraph (E), the respondent is
prohibited from transferring firearms or firearm parts
to another individual in lieu of surrender to law
enforcement. The law enforcement agency shall provide
an itemized statement of receipt to the respondent and
the court describing any seized or surrendered
firearms or firearm parts and informing the respondent
that the respondent may seek the return of the
respondent's items at the end of the order of
protection. The law enforcement agency may enter
arrangements, as needed, with federally licensed
firearm dealers or other law enforcement agencies for
the storage of any firearms seized or surrendered
under this subsection.
(ii) It is the respondent's responsibility to

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request the return or reinstatement of any Firearm
Owner's Identification Card or Concealed Carry License
and notify the Illinois State Police Firearm Owner's
Identification Card Office at the end of the Order of
Protection.
(iii) At the end of the order of protection, a
respondent may request the return of any seized or
surrendered firearms or firearm parts that could be
assembled to make an operable firearm. Such firearms
or firearm parts shall be returned within 14 days of
the request to the respondent, if the respondent is
lawfully eligible to possess firearms, or to a
designated third party who is lawfully eligible to
possess firearms. If the firearms or firearm parts
cannot be returned to respondent because (1) the
respondent has not requested the return or transfer of
the firearms or firearm parts as set forth in this
subparagraph, and (2) the respondent cannot be located
or fails to respond to more than 3 requests to retrieve
the firearms or firearm parts the court may, or is not
lawfully eligible to possess a firearm, upon petition
from the appropriate law enforcement agency and notice
to the respondent at the respondent's last known
address, order the law enforcement agency to destroy
the firearms or firearm parts; use the firearms or
firearm parts for training purposes or for any other

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application as deemed appropriate by the law
enforcement agency; or turn over the firearm or
firearm parts to a third party who is lawfully
eligible to possess firearms, and who does not reside
with respondent.
(D)(i) If a person other than the respondent
claims title to any firearms and firearm parts that
could be assembled to make an operable firearm seized
or surrendered under this subsection, the person may
petition the court to have the firearm and firearm
parts that could be assembled to make an operable
firearm returned to him or her with proper notice to
the petitioner and respondent. If, at a hearing on the
petition, the court determines the person to be the
lawful owner of the firearm and firearm parts that
could be assembled to make an operable firearm, the
firearm and firearm parts that could be assembled to
make an operable firearm shall be returned to the
person, provided that:
(aa) the firearm and firearm parts that could
be assembled to make an operable firearm are
removed from the respondent's custody, control, or
possession and the lawful owner agrees to store
the firearm and firearm parts that could be
assembled to make an operable firearm in a manner
such that the respondent does not have access to

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or control of the firearm and firearm parts that
could be assembled to make an operable firearm;
and
(bb) the firearm and firearm parts that could
be assembled to make an operable firearm are not
otherwise unlawfully possessed by the owner.
(ii) The person petitioning for the return of his
or her firearm and firearm parts that could be
assembled to make an operable firearm must swear or
affirm by affidavit that he or she:
(aa) is the lawful owner of the firearm and
firearm parts that could be assembled to make an
operable firearm;
(bb) shall not transfer the firearm and
firearm parts that could be assembled to make an
operable firearm to the respondent; and
(cc) will store the firearm and firearm parts
that could be assembled to make an operable
firearm in a manner that the respondent does not
have access to or control of the firearm and
firearm parts that could be assembled to make an
operable firearm.
(E)(i) The respondent may file a motion to
transfer, at the next scheduled hearing, any seized or
surrendered firearms or firearm parts to a third
party. Notice of the motion shall be provided to the

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petitioner and the third party must appear at the
hearing.
(ii) The court may order transfer of the seized or
surrendered firearm or firearm parts only if:
(aa) the third party transferee affirms by
affidavit and to the open court that:
(I) the third party transferee does not
reside with the respondent;
(II) the respondent does not have access
to the location in which the third party
transferee intends to keep the firearms or
firearm parts;
(III) the third party transferee will not
transfer the firearm or firearm parts to the
respondent or anyone who resides with the
respondent;
(IV) the third party transferee will
maintain control and possession of the firearm
or firearm parts until otherwise ordered by
the court; and
(V) the third party transferee is aware
that transferring the firearms or firearm
parts or allowing the respondent access to the
firearms or firearm parts would be a violation
of Section 24-3 of the Criminal Code of 2012
will be subject to criminal penalties for

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

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

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provided to the Illinois Commerce Commission. The
order shall contain all of the following:
(i) The name and billing telephone number of
the account holder including the name of the
wireless telephone service provider that serves
the account.
(ii) Each telephone number that will be
transferred.
(iii) A statement that the provider transfers
to the petitioner all financial responsibility for
and right to the use of any telephone number
transferred under this paragraph.
(B) A wireless telephone service provider shall
terminate the respondent's use of, and shall transfer
to the petitioner use of, the telephone number or
numbers indicated in subparagraph (A) of this
paragraph unless it notifies the petitioner, within 72
hours after it receives the order, that one of the
following applies:
(i) The account holder named in the order has
terminated the account.
(ii) A difference in network technology would
prevent or impair the functionality of a device on
a network if the transfer occurs.
(iii) The transfer would cause a geographic or
other limitation on network or service provision

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to the petitioner.
(iv) Another technological or operational
issue would prevent or impair the use of the
telephone number if the transfer occurs.
(C) The petitioner assumes all financial
responsibility for and right to the use of any
telephone number transferred under this paragraph. In
this paragraph, "financial responsibility" includes
monthly service costs and costs associated with any
mobile device associated with the number.
(D) A wireless telephone service provider may
apply to the petitioner its routine and customary
requirements for establishing an account or
transferring a number, including requiring the
petitioner to provide proof of identification,
financial information, and customer preferences.
(E) Except for willful or wanton misconduct, a
wireless telephone service provider is immune from
civil liability for its actions taken in compliance
with a court order issued under this paragraph.
(F) All wireless service providers that provide
services to residential customers shall provide to the
Illinois Commerce Commission the name and address of
an agent for service of orders entered under this
paragraph (18). Any change in status of the registered
agent must be reported to the Illinois Commerce

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Commission within 30 days of such change.
(G) The Illinois Commerce Commission shall
maintain the list of registered agents for service for
each wireless telephone service provider on the
Commission's website. The Commission may consult with
wireless telephone service providers and the Circuit
Court Clerks on the manner in which this information
is provided and displayed.
(c) Relevant factors; findings.
(1) In determining whether to grant a specific remedy,
other than payment of support, the court shall consider
relevant factors, including but not limited to the
following:
(i) the nature, frequency, severity, pattern and
consequences of the respondent's past abuse, neglect
or exploitation of the petitioner or any family or
household member, including the concealment of his or
her location in order to evade service of process or
notice, and the likelihood of danger of future abuse,
neglect, or exploitation to petitioner or any member
of petitioner's or respondent's family or household;
and
(ii) the danger that any minor child will be
abused or neglected or improperly relocated from the
jurisdiction, improperly concealed within the State or
improperly separated from the child's primary

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caretaker.
(2) In comparing relative hardships resulting to the
parties from loss of possession of the family home, the
court shall consider relevant factors, including but not
limited to the following:
(i) availability, accessibility, cost, safety,
adequacy, location and other characteristics of
alternate housing for each party and any minor child
or dependent adult in the party's care;
(ii) the effect on the party's employment; and
(iii) the effect on the relationship of the party,
and any minor child or dependent adult in the party's
care, to family, school, church and community.
(3) Subject to the exceptions set forth in paragraph
(4) of this subsection, 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.

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(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
sufficient to indicate abuse by respondent and to support
the granting of relief under the issuance of the emergency
order of protection.
(5) Never married parties. No rights or
responsibilities for a minor child born outside of
marriage attach to a putative father until a father and
child relationship has been established under the Illinois
Parentage Act of 1984, the Illinois Parentage Act of 2015,
the Illinois Public Aid Code, Section 12 of the Vital
Records Act, the Juvenile Court Act of 1987, the Probate
Act of 1975, the Revised Uniform Reciprocal Enforcement of
Support Act, the Uniform Interstate Family Support Act,
the Expedited Child Support Act of 1990, any judicial,
administrative, or other act of another state or

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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 acknowledgment, no putative father shall be granted
temporary allocation of parental responsibilities,
including parenting time with the minor child, or physical
care and possession of the minor child, nor shall an order
of payment for support of the minor child be entered.
(d) Balance of hardships; findings. If the court finds
that the balance of hardships does not support the granting of
a remedy governed by paragraph (2), (3), (10), (11), or (16) of
subsection (b) of this Section, which may require such
balancing, the court's findings shall so indicate and shall
include a finding as to whether granting the remedy will
result in hardship to respondent that would substantially
outweigh the hardship to petitioner from denial of the remedy.
The findings shall be an official record or in writing.
(e) Denial of remedies. Denial of any remedy shall not be
based, in whole or in part, on evidence that:
(1) Respondent has cause for any use of force, unless

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that cause satisfies the standards for justifiable use of
force provided by Article 7 of the Criminal Code of 2012;
(2) Respondent was voluntarily intoxicated;
(3) Petitioner acted in self-defense or defense of
another, provided that, if petitioner utilized force, such
force was justifiable under Article 7 of the Criminal Code
of 2012;
(4) Petitioner did not act in self-defense or defense
of another;
(5) Petitioner left the residence or household to
avoid further abuse, neglect, or exploitation by
respondent;
(6) Petitioner did not leave the residence or
household to avoid further abuse, neglect, or exploitation
by respondent;
(7) Conduct by any family or household member excused
the abuse, neglect, or exploitation by respondent, unless
that same conduct would have excused such abuse, neglect,
or exploitation if the parties had not been family or
household members.
(Source: P.A. 102-538, eff. 8-20-21; 103-1065, eff. 5-11-25.)