Rep. Natalie A. Manley
Filed: 2/20/2014
 
 


 




09800HB3269ham002LRB098 07721 RLC 55889 a



1
AMENDMENT TO HOUSE BILL 3269 




2 AMENDMENT NO. ______. Amend House Bill 3269 by replacing 
3everything after the enacting clause with the following:


4 "Section 5. The Code of Criminal Procedure of 1963 is 
5amended by changing Section 112A-14 as follows:




6 (725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14)


7 Sec. 112A-14. Order of protection; remedies. 

8 (a) Issuance of order. If the court finds that petitioner 
9has been
abused by a family or household member, as defined in 
10this Article, an
order of protection prohibiting such abuse 
11shall issue; provided that
petitioner must also satisfy the 
12requirements of one of the following
Sections, as appropriate: 
13Section 112A-17 on emergency orders, Section
112A-18 on interim 
14orders, or Section 112A-19 on
plenary orders.
Petitioner shall 
15not be denied an order of protection because petitioner or

16respondent is a minor. The court, when determining whether or 
 
 
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1not to issue
an order of protection, shall not require physical 
2manifestations of abuse
on the person of the victim. 
3Modification and extension of prior orders of
protection shall 
4be in accordance with this Article.

5 (b) Remedies and standards. The remedies to be included in 
6an order of
protection shall be determined in accordance with 
7this Section and one of
the following Sections, as appropriate: 
8Section 112A-17 on
emergency orders,
Section 112A-18 on interim 
9orders, and Section 112A-19 on
plenary orders.
The remedies 
10listed in this subsection shall be in addition to other civil

11or criminal remedies available to petitioner.


12  (1) Prohibition of abuse. Prohibit respondent's 
13 harassment,
interference with personal liberty, 
14 intimidation of a dependent, physical
abuse or willful 
15 deprivation, as defined in this Article, if such abuse has

16 occurred or otherwise appears likely to occur if not 
17 prohibited.


18  (2) Grant of exclusive possession of residence. 
19 Prohibit respondent
from entering or remaining in any 
20 residence, household, or premises of the petitioner,

21 including one owned or leased by respondent, if petitioner 
22 has a right
to occupancy thereof. The grant of exclusive 
23 possession of the residence, household, or premises
shall 
24 not affect title to real property, nor shall the court be 
25 limited by
the standard set forth in Section 701 of the 
26 Illinois Marriage and
Dissolution of Marriage Act.


 
 
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1   (A) Right to occupancy. A party has a right to 
2 occupancy of a
residence or household if it is
solely 
3 or jointly owned or leased by that party, that party's 
4 spouse, a
person with a legal duty to support that 
5 party or a minor child in that
party's care, or by any 
6 person or entity other than the opposing party that

7 authorizes that party's occupancy (e.g., a domestic 
8 violence shelter).
Standards set forth in subparagraph 
9 (B) shall not preclude equitable relief.


10   (B) Presumption of hardships. If petitioner and 
11 respondent
each has the right to occupancy of a 
12 residence or household, the court
shall balance (i) the 
13 hardships to respondent and any minor child or

14 dependent adult in respondent's care resulting from 
15 entry of this remedy with (ii)
the hardships to 
16 petitioner and any minor child or dependent adult in

17 petitioner's care resulting from continued exposure to 
18 the risk of abuse (should
petitioner remain at the 
19 residence or household) or from loss of possession
of 
20 the residence or household (should petitioner leave to 
21 avoid the risk
of abuse). When determining the balance 
22 of hardships, the court shall also
take into account 
23 the accessibility of the residence or household.

24 Hardships need not be balanced if respondent does not 
25 have a right to occupancy.


26   The balance of hardships is presumed to favor 
 
 
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1 possession by
petitioner unless the presumption is 
2 rebutted by a preponderance of the
evidence, showing 
3 that the hardships to respondent substantially 
4 outweigh
the hardships to petitioner and any minor 
5 child or dependent adult in petitioner's
care. The 
6 court, on the request of petitioner or on its own 
7 motion,
may order respondent to provide suitable, 
8 accessible, alternate housing
for petitioner instead 
9 of
excluding respondent from a mutual residence or 
10 household.


11  (3) Stay away order and additional prohibitions.
Order 
12 respondent to stay away from petitioner or any other person

13 protected by the order of protection, or prohibit 
14 respondent from entering
or remaining present at 
15 petitioner's school, place of employment, or other

16 specified places at times when petitioner is present, or 
17 both, if
reasonable, given
the balance of hardships. 
18 Hardships need not be balanced for the court
to enter a 
19 stay away order or prohibit entry
if respondent has no 
20 right to enter the premises.


21  If an order of protection grants petitioner exclusive 
22 possession
of the residence, or prohibits respondent from 
23 entering the residence,
or orders respondent to stay away 
24 from petitioner or other
protected persons, then the court 
25 may allow respondent access to the
residence to remove 
26 items of clothing and personal adornment
used exclusively 
 
 
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1 by respondent, medications, and other items as the court 
2 directs.
The right to access shall be exercised on only one 
3 occasion as the court directs
and in the presence of an 
4 agreed-upon adult third party or law enforcement officer.


5  (4) Counseling. Require or recommend the respondent to 
6 undergo
counseling for a specified duration with a social 
7 worker, psychologist,
clinical psychologist, psychiatrist, 
8 family service agency, alcohol or
substance abuse program, 
9 mental health center guidance counselor, agency
providing 
10 services to elders, program designed for domestic violence

11 abusers or any other guidance service the court deems 
12 appropriate. The court may order the respondent in any 
13 intimate partner relationship to report to an Illinois 
14 Department of Human Services protocol approved partner 
15 abuse intervention program for an assessment and to follow 
16 all recommended treatment. 


17  (5) Physical care and possession of the minor child. In 
18 order to protect
the minor child from abuse, neglect, or 
19 unwarranted separation from the person
who has been the 
20 minor child's primary caretaker, or to otherwise protect 
21 the
well-being of the minor child, the court may do either 
22 or both of the following:
(i) grant petitioner physical 
23 care or possession of the minor child, or both, or
(ii) 
24 order respondent to return a minor child to, or not remove 
25 a minor child
from, the physical care of a parent or person 
26 in loco parentis.


 
 
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1  If a court finds, after a hearing, that respondent has 
2 committed abuse
(as defined in Section 112A-3) of a minor 
3 child, there shall be a
rebuttable presumption that 
4 awarding physical care to respondent would not
be in the 
5 minor child's best interest.


6  (6) Temporary legal custody.
Award temporary legal 
7 custody to petitioner in accordance with this Section,
the 
8 Illinois Marriage
and Dissolution of Marriage Act, the 
9 Illinois Parentage Act of 1984,
and this State's Uniform 
10 Child-Custody
Jurisdiction and Enforcement Act. 


11  If a court finds, after a hearing, that respondent
has 
12 committed abuse (as defined in Section 112A-3) of a
minor 
13 child, there shall be a rebuttable presumption that 
14 awarding
temporary legal custody to respondent would not be 
15 in the
child's best interest.


16  (7) Visitation. Determine the
visitation rights, if 
17 any, of respondent in any case in which the court
awards 
18 physical care or temporary legal custody of a minor child 
19 to
petitioner. The court shall restrict or deny 
20 respondent's visitation with
a minor child if
the court 
21 finds that respondent has done or is likely to do any of 
22 the
following: (i) abuse or endanger the minor child during 
23 visitation; (ii) use the
visitation as an opportunity to 
24 abuse or harass petitioner or
petitioner's family or 
25 household members; (iii) improperly conceal or
detain the 
26 minor child; or (iv) otherwise act in a manner that is not 
 
 
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1 in
the best interests of the minor child. The court shall 
2 not be limited by the
standards set forth in Section 607.1 
3 of the Illinois Marriage and
Dissolution of Marriage Act. 
4 If the court grants visitation, the order
shall specify 
5 dates and times for the visitation to take place or other

6 specific parameters or conditions that are appropriate. No 
7 order for
visitation shall refer merely to the term 
8 "reasonable visitation".


9  Petitioner may deny respondent access to the minor 
10 child if, when
respondent arrives for visitation, 
11 respondent is under the influence of drugs
or alcohol and 
12 constitutes a threat to the safety and well-being of

13 petitioner or petitioner's minor children or is behaving in 
14 a violent or abusive manner.


15  If necessary to protect any member of petitioner's 
16 family or
household from future abuse, respondent shall be 
17 prohibited from coming to
petitioner's residence to meet 
18 the minor child for visitation, and the
parties shall 
19 submit to the court their recommendations for reasonable

20 alternative arrangements for visitation. A person may be 
21 approved to
supervise visitation only after filing an 
22 affidavit accepting
that responsibility and acknowledging 
23 accountability to the court.


24  (8) Removal or concealment of minor child.
Prohibit 
25 respondent from
removing a minor child from the State or 
26 concealing the child within the
State.


 
 
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1  (9) Order to appear. Order the respondent to
appear in 
2 court, alone
or with a minor child, to prevent abuse, 
3 neglect, removal or concealment of
the child, to return the 
4 child to the custody or care of the petitioner or
to permit 
5 any court-ordered interview or examination of the child or 
6 the
respondent.


7  (10) Possession of personal property. Grant petitioner 
8 exclusive
possession of personal property and, if 
9 respondent has possession or
control, direct respondent to 
10 promptly make it available to petitioner, if:


11   (i) petitioner, but not respondent, owns the 
12 property; or


13   (ii) the parties own the property jointly; sharing 
14 it would risk
abuse of petitioner by respondent or is 
15 impracticable; and the balance of
hardships favors 
16 temporary possession by petitioner.


17  If petitioner's sole claim to ownership of the property 
18 is that it is
marital property, the court may award 
19 petitioner temporary possession
thereof under the 
20 standards of subparagraph (ii) of this paragraph only if
a 
21 proper proceeding has been filed under the Illinois 
22 Marriage and
Dissolution of Marriage Act, as now or 
23 hereafter amended.


24  No order under this provision shall affect title to 
25 property.


26  (11) Protection of property. Forbid the respondent 
 
 
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1 from taking,
transferring, encumbering, concealing, 
2 damaging or otherwise disposing of
any real or personal 
3 property, except as explicitly authorized by the
court, if:


4   (i) petitioner, but not respondent, owns the 
5 property; or


6   (ii) the parties own the property jointly,
and the 
7 balance of hardships favors granting this remedy.


8  If petitioner's sole claim to ownership of the property 
9 is that it is
marital property, the court may grant 
10 petitioner relief under subparagraph
(ii) of this 
11 paragraph only if a proper proceeding has been filed under 
12 the
Illinois Marriage and Dissolution of Marriage Act, as 
13 now or hereafter amended.


14  The court may further prohibit respondent from 
15 improperly using the
financial or other resources of an 
16 aged member of the family or household
for the profit or 
17 advantage of respondent or of any other person.

18  (11.5) Protection of animals. Grant the petitioner the 
19 exclusive care, custody, or control of any animal owned, 
20 possessed, leased, kept, or held by either the petitioner 
21 or the respondent or a minor child residing in the 
22 residence or household of either the petitioner or the 
23 respondent and order the respondent to stay away from the 
24 animal and forbid the respondent from taking, 
25 transferring, encumbering, concealing, harming, or 
26 otherwise disposing of the animal.


 
 
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1  (12) Order for payment of support. Order
respondent to 
2 pay temporary
support for the petitioner or any child in 
3 the petitioner's care or
custody, when the respondent has a 
4 legal obligation to support that person,
in accordance with 
5 the Illinois Marriage and Dissolution
of Marriage Act, 
6 which shall govern, among other matters, the amount of

7 support, payment through the clerk and withholding of 
8 income to secure
payment. An order for child support may be 
9 granted to a petitioner with
lawful physical care or 
10 custody of a child, or an order or agreement for
physical 
11 care or custody, prior to entry of an order for legal 
12 custody.
Such a support order shall expire upon entry of a 
13 valid order granting
legal custody to another, unless 
14 otherwise provided in the custody order.


15  (13) Order for payment of losses. Order
respondent to 
16 pay petitioner
for losses suffered as a direct result of 
17 the abuse. Such losses shall
include, but not be limited 
18 to, medical expenses, lost earnings or other
support, 
19 repair or replacement of property damaged or taken, 
20 reasonable
attorney's fees, court costs and moving or other 
21 travel expenses, including
additional reasonable expenses 
22 for temporary shelter and restaurant meals.


23   (i) Losses affecting family needs. If a party is 
24 entitled to seek
maintenance, child support or 
25 property distribution from the other party
under the 
26 Illinois Marriage and Dissolution of Marriage Act, as 
 
 
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1 now or
hereafter amended, the court may order 
2 respondent to reimburse petitioner's
actual losses, to 
3 the extent that such reimbursement would be 
4 "appropriate
temporary relief", as authorized by 
5 subsection (a)(3) of
Section 501 of that Act.


6   (ii) Recovery of expenses. In the case of an 
7 improper concealment
or removal of a minor child, the 
8 court may order respondent to pay the reasonable

9 expenses incurred or to be incurred in the search for 
10 and recovery of the
minor child, including but not 
11 limited to legal fees, court costs, private

12 investigator fees, and travel costs.


13  (14) Prohibition of entry. Prohibit the respondent 
14 from entering or
remaining in the residence or household 
15 while the respondent is under the
influence of alcohol or 
16 drugs and constitutes a threat to the safety and
well-being 
17 of the petitioner or the petitioner's children.


18  (14.5) Prohibition of firearm possession. 
19   (A) A person who is subject to an existing order of 
20 protection, interim order of protection, emergency 
21 order of protection, or plenary order of protection, 
22 issued under this Code or a substantially similar order 
23 of protection issued by any other state, possession, or 
24 territory of the United States, or the District of 
25 Columbia may not lawfully possess weapons under 
26 Section 8.2 of the Firearm Owners Identification Card 
 
 
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1 Act.
2   (B) Any firearms in the
possession of the 
3 respondent, except as provided in subparagraph (C) of 
4 this paragraph (14.5), shall be ordered by the court to 
5 be turned
over to a person with a valid Firearm Owner's 
6 Identification Card for safekeeping. The court shall 
7 issue an order that the respondent's Firearm Owner's 
8 Identification Card be turned over to the local law 
9 enforcement agency, which in turn shall immediately 
10 mail the card to the Department of State Police Firearm 
11 Owner's Identification Card Office for safekeeping.

12 The period of safekeeping shall be for the duration of 
13 the order of protection. The firearm or firearms and 
14 Firearm Owner's Identification Card, if unexpired, 
15 shall at the respondent's request be returned to the 
16 respondent at expiration of the order of protection.

17   (C) If the respondent is a peace officer as defined 
18 in Section 2-13 of
the
Criminal Code of 2012, the court 
19 shall order that any firearms used by the
respondent in 
20 the performance of his or her duties as a
peace officer 
21 be surrendered to
the chief law enforcement executive 
22 of the agency in which the respondent is
employed, who 
23 shall retain the firearms for safekeeping for the 
24 duration of the order of protection.

25   (D) Upon expiration of the period of safekeeping, 
26 if the firearms or Firearm Owner's Identification Card 
 
 
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1 cannot be returned to respondent because respondent 
2 cannot be located, fails to respond to requests to 
3 retrieve the firearms, or is not lawfully eligible to 
4 possess a firearm, upon petition from the local law 
5 enforcement agency, the court may order the local law 
6 enforcement agency to destroy the firearms, use the 
7 firearms for training purposes, or for any other 
8 application as deemed appropriate by the local law 
9 enforcement agency; or that the firearms be turned over 
10 to a third party who is lawfully eligible to possess 
11 firearms, and who does not reside with respondent. 

12  (15) Prohibition of access to records. If an order of 
13 protection
prohibits respondent from having contact with 
14 the minor child,
or if petitioner's address is omitted 
15 under subsection (b) of
Section 112A-5, or if necessary to 
16 prevent abuse or wrongful removal or
concealment of a minor 
17 child, the order shall deny respondent access to, and

18 prohibit respondent from inspecting, obtaining, or 
19 attempting to
inspect or obtain, school or any other 
20 records of the minor child
who is in the care of 
21 petitioner.


22  (16) Order for payment of shelter services. Order 
23 respondent to
reimburse a shelter providing temporary 
24 housing and counseling services to
the petitioner for the 
25 cost of the services, as certified by the shelter
and 
26 deemed reasonable by the court.


 
 
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1  (17) Order for injunctive relief. Enter injunctive 
2 relief necessary
or appropriate to prevent further abuse of 
3 a family or household member or
to effectuate one of the 
4 granted remedies, if supported by the balance of
hardships. 
5 If the harm to be prevented by the injunction is abuse or 
6 any
other harm that one of the remedies listed in 
7 paragraphs (1) through (16)
of this subsection is designed 
8 to prevent, no further evidence is necessary
to establish 
9 that the harm is an irreparable injury.

10 (c) Relevant factors; findings.


11  (1) In determining whether to grant a
specific remedy, 
12 other than payment of support, the
court shall consider 
13 relevant factors, including but not limited to the

14 following:


15   (i) the nature, frequency, severity, pattern and 
16 consequences of the
respondent's past abuse of the 
17 petitioner or any family or household
member, 
18 including the concealment of his or her location in 
19 order to evade
service of process or notice, and the 
20 likelihood of danger of future abuse to
petitioner or

21 any member of petitioner's or respondent's family or 
22 household; and


23   (ii) the danger that any minor child will be abused 
24 or neglected or
improperly removed from the 
25 jurisdiction, improperly concealed within the
State or 
26 improperly separated from the child's primary 
 
 
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1 caretaker.


2  (2) In comparing relative hardships resulting to the 
3 parties from loss
of possession of the family home, the 
4 court shall consider relevant
factors, including but not 
5 limited to the following:


6   (i) availability, accessibility, cost, safety, 
7 adequacy, location and other
characteristics of 
8 alternate housing for each party and any minor child or

9 dependent adult in the party's care;


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


11   (iii) the effect on the relationship of the party, 
12 and any minor
child or dependent adult in the party's 
13 care, to family, school, church
and community.


14  (3) Subject to the exceptions set forth in paragraph 
15 (4) of this
subsection, the court shall make its findings 
16 in an official record or in
writing, and shall at a minimum 
17 set forth the following:


18   (i) That the court has considered the applicable 
19 relevant factors
described in paragraphs (1) and (2) of 
20 this subsection.


21   (ii) Whether the conduct or actions of respondent, 
22 unless
prohibited, will likely cause irreparable harm 
23 or continued abuse.


24   (iii) Whether it is necessary to grant the 
25 requested relief in order
to protect petitioner or 
26 other alleged abused persons.


 
 
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1  (4) For purposes of issuing an ex parte emergency order 
2 of protection,
the court, as an alternative to or as a 
3 supplement to making the findings
described in paragraphs 
4 (c)(3)(i) through (c)(3)(iii) of this subsection, may use

5 the following procedure:


6  When a verified petition for an emergency order of 
7 protection in
accordance with the requirements of Sections 
8 112A-5 and 112A-17 is
presented to the court, the court 
9 shall examine petitioner on oath or
affirmation. An 
10 emergency order of protection shall be issued by the court

11 if it appears from the contents of the petition and the 
12 examination of
petitioner that the averments are 
13 sufficient to indicate abuse by
respondent and to support 
14 the granting of relief under the issuance of the
emergency 
15 order of protection.


16  (5) Never married parties. No rights or 
17 responsibilities for a minor
child born outside of marriage 
18 attach to a putative father until a father and
child 
19 relationship has been established under the Illinois 
20 Parentage Act of
1984. Absent such an adjudication, no 
21 putative father shall be granted
temporary custody of the 
22 minor child, visitation with the minor child, or
physical 
23 care
and possession of the minor child, nor shall
an order 
24 of payment for support of the minor child be entered.

25 (d) Balance of hardships; findings. If the court finds that 
26the balance
of hardships does not support the granting of a 
 
 
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1remedy governed by
paragraph (2), (3), (10), (11), or (16) of

2subsection (b) of this Section,
which may require such 
3balancing, the court's findings shall so
indicate and shall 
4include a finding as to whether granting the remedy will
result 
5in hardship to respondent that would substantially outweigh the 
6hardship
to petitioner
from denial of the remedy. The findings 
7shall be an official record or in
writing.

8 (e) Denial of remedies. Denial of any remedy shall not be 
9based, in
whole or in part, on evidence that:


10  (1) Respondent has cause for any use of force, unless 
11 that cause
satisfies the standards for justifiable use of 
12 force provided by Article
7 of the Criminal Code of 2012;


13  (2) Respondent was voluntarily intoxicated;


14  (3) Petitioner acted in self-defense or defense of 
15 another, provided
that, if petitioner utilized force, such 
16 force was justifiable under
Article 7 of the Criminal Code 
17 of 2012; 


18  (4) Petitioner did not act in self-defense or defense 
19 of another;


20  (5) Petitioner left the residence or household to avoid 
21 further abuse
by respondent;


22  (6) Petitioner did not leave the residence or household 
23 to avoid further
abuse by respondent;


24  (7) Conduct by any family or household member excused 
25 the abuse by
respondent, unless that same conduct would 
26 have excused such abuse if the
parties had not been family 
 
 
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1 or household members.

2(Source: P.A. 97-158, eff. 1-1-12; 97-1131, eff. 1-1-13; 
397-1150, eff. 1-25-13; 98-63, eff. 7-9-13.)


4 Section 10. The Illinois Domestic Violence Act of 1986 is 
5amended by changing Section 214 as follows:




6 (750 ILCS 60/214) (from Ch. 40, par. 2312-14)


7 Sec. 214. Order of protection; remedies. 

8 (a) Issuance of order. If the court finds that petitioner 
9has been
abused by a family or household member or that 
10petitioner is a high-risk
adult who has been abused, neglected, 
11or exploited, as defined in this Act,
an order of protection 
12prohibiting the abuse, neglect, or exploitation
shall issue; 
13provided that petitioner must also satisfy the requirements of

14one of the following Sections, as appropriate: Section 217 on 
15emergency
orders, Section 218 on interim orders, or Section 219 
16on plenary orders.
Petitioner shall not be denied an order of 
17protection because petitioner or
respondent is a minor. The 
18court, when determining whether or not to issue
an order of 
19protection, shall not require physical manifestations of abuse

20on the person of the victim. Modification and extension of 
21prior
orders of protection shall be in accordance with this 
22Act.

23 (b) Remedies and standards. The remedies to be included in 
24an order of
protection shall be determined in accordance with 
 
 
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1this Section and one of
the following Sections, as appropriate: 
2Section 217 on emergency orders,
Section 218 on interim orders, 
3and Section 219 on plenary orders. The
remedies listed in this 
4subsection shall be in addition to other civil or
criminal 
5remedies available to petitioner.


6  (1) Prohibition of abuse, neglect, or exploitation. 
7 Prohibit
respondent's harassment, interference with 
8 personal liberty, intimidation
of a dependent, physical 
9 abuse, or willful deprivation, neglect or
exploitation, as 
10 defined in this Act, or stalking of the petitioner, as 
11 defined
in Section 12-7.3 of the Criminal Code of 2012, if 
12 such abuse, neglect,
exploitation, or stalking has 
13 occurred or otherwise appears likely to occur if
not 
14 prohibited.


15  (2) Grant of exclusive possession of residence. 
16 Prohibit respondent from
entering or remaining in any 
17 residence, household, or premises of the petitioner,

18 including one owned or leased by respondent, if petitioner 
19 has a right to
occupancy thereof. The grant of exclusive 
20 possession of the residence, household, or premises shall 
21 not
affect title to real property, nor shall the court be 
22 limited by the standard
set forth in Section 701 of the 
23 Illinois Marriage and Dissolution of Marriage
Act.


24   (A) Right to occupancy. A party has a right to 
25 occupancy of a
residence or household if it is solely 
26 or jointly owned or leased by that
party, that party's 
 
 
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1 spouse, a person with a legal duty to support that 
2 party or
a minor child in that party's care, or by any 
3 person or entity other than the
opposing party that 
4 authorizes that party's occupancy (e.g., a domestic

5 violence shelter). Standards set forth in subparagraph 
6 (B) shall not preclude
equitable relief.


7   (B) Presumption of hardships. If petitioner and 
8 respondent
each has the right to occupancy of a 
9 residence or household, the court
shall balance (i) the 
10 hardships to respondent and any minor child or

11 dependent adult in respondent's care resulting from 
12 entry of this remedy with
(ii) the hardships to 
13 petitioner and any minor child or dependent adult in

14 petitioner's care resulting from continued exposure to 
15 the risk of abuse
(should petitioner remain at the 
16 residence or household) or from loss of
possession of 
17 the residence or household (should petitioner leave to 
18 avoid the
risk of abuse). When determining the balance 
19 of hardships, the court shall
also take into account 
20 the accessibility of the residence or household.

21 Hardships need not be balanced if respondent does not 
22 have a right to
occupancy.


23   The balance of hardships is presumed to favor 
24 possession by
petitioner unless the presumption is 
25 rebutted by a preponderance of the
evidence, showing 
26 that the hardships to respondent substantially 
 
 
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1 outweigh
the hardships to petitioner and any minor 
2 child or dependent adult in
petitioner's care. The 
3 court, on the request of petitioner or on its own

4 motion, may order respondent to provide suitable, 
5 accessible, alternate housing
for petitioner instead 
6 of excluding respondent from a mutual residence or

7 household.


8  (3) Stay away order and additional prohibitions.
Order 
9 respondent to stay away from petitioner or any other person

10 protected by the order of protection, or prohibit 
11 respondent from entering
or remaining present at 
12 petitioner's school, place of employment, or other

13 specified places at times when petitioner is present, or 
14 both, if
reasonable, given the balance of hardships. 
15 Hardships need not be balanced for
the court to enter a 
16 stay away order or prohibit entry if respondent has no

17 right to enter the premises.

18   (A) If an order of protection grants petitioner 
19 exclusive possession
of the residence, or prohibits 
20 respondent from entering the residence,
or orders 
21 respondent to stay away from petitioner or other

22 protected persons, then the court may allow respondent 
23 access to the
residence to remove items of clothing and 
24 personal adornment
used exclusively by respondent, 
25 medications, and other items as the court
directs. The 
26 right to access shall be exercised on only one occasion 
 
 
09800HB3269ham002- 22 -LRB098 07721 RLC 55889 a


1 as the
court directs and in the presence of an 
2 agreed-upon adult third party or law
enforcement 
3 officer.

4   (B) When the petitioner and the respondent attend 
5 the same public, private, or non-public elementary, 
6 middle, or high school, the court when issuing an order 
7 of protection and providing relief shall consider the 
8 severity of the act, any continuing physical danger or 
9 emotional distress to the petitioner, the educational 
10 rights guaranteed to the petitioner and respondent 
11 under federal and State law, the availability of a 
12 transfer of the respondent to another school, a change 
13 of placement or a change of program of the respondent, 
14 the expense, difficulty, and educational disruption 
15 that would be caused by a transfer of the respondent to 
16 another school, and any other relevant facts of the 
17 case. The court may order that the respondent not 
18 attend the public, private, or non-public elementary, 
19 middle, or high school attended by the petitioner, 
20 order that the respondent accept a change of placement 
21 or change of program, as determined by the school 
22 district or private or non-public school, or place 
23 restrictions on the respondent's movements within the 
24 school attended by the petitioner.
The respondent 
25 bears the burden of proving by a preponderance of the 
26 evidence that a transfer, change of placement, or 
 
 
09800HB3269ham002- 23 -LRB098 07721 RLC 55889 a


1 change of program of the respondent is not available. 
2 The respondent also bears the burden of production with 
3 respect to the expense, difficulty, and educational 
4 disruption that would be caused by a transfer of the 
5 respondent to another school. A transfer, change of 
6 placement, or change of program is not unavailable to 
7 the respondent solely on the ground that the respondent 
8 does not agree with the school district's or private or 
9 non-public school's transfer, change of placement, or 
10 change of program or solely on the ground that the 
11 respondent fails or refuses to consent or otherwise 
12 does not take an action required to effectuate a 
13 transfer, change of placement, or change of program.

14 When a court orders a respondent to stay away from the 
15 public, private, or non-public school attended by the 
16 petitioner and the respondent requests a transfer to 
17 another attendance center within the respondent's 
18 school district or private or non-public school, the 
19 school district or private or non-public school shall 
20 have sole discretion to determine the attendance 
21 center to which the respondent is transferred.
In the 
22 event the court order results in a transfer of the 
23 minor respondent to another attendance center, a 
24 change in the respondent's placement, or a change of 
25 the respondent's program, the parents, guardian, or 
26 legal custodian of the respondent is responsible for 
 
 
09800HB3269ham002- 24 -LRB098 07721 RLC 55889 a


1 transportation and other costs associated with the 
2 transfer or change. 
3   (C) The court may order the parents, guardian, or 
4 legal custodian of a minor respondent to take certain 
5 actions or to refrain from taking certain actions to 
6 ensure that the respondent complies with the order. In 
7 the event the court orders a transfer of the respondent 
8 to another school, the parents, guardian, or legal 
9 custodian of the respondent is responsible for 
10 transportation and other costs associated with the 
11 change of school by the respondent. 

12  (4) Counseling. Require or recommend the respondent to 
13 undergo
counseling for a specified duration with a social 
14 worker, psychologist,
clinical psychologist, psychiatrist, 
15 family service agency, alcohol or
substance abuse program, 
16 mental health center guidance counselor, agency
providing 
17 services to elders, program designed for domestic violence

18 abusers or any other guidance service the court deems 
19 appropriate. The Court may order the respondent in any 
20 intimate partner relationship to report to an Illinois 
21 Department of Human Services protocol approved partner 
22 abuse intervention program for an assessment and to follow 
23 all recommended treatment. 


24  (5) Physical care and possession of the minor child. In 
25 order to protect
the minor child from abuse, neglect, or 
26 unwarranted separation from the person
who has been the 
 
 
09800HB3269ham002- 25 -LRB098 07721 RLC 55889 a


1 minor child's primary caretaker, or to otherwise protect 
2 the
well-being of the minor child, the court may do either 
3 or both of the
following: (i) grant petitioner physical 
4 care or possession of the minor child,
or both, or (ii) 
5 order respondent to return a minor child to, or not remove 
6 a
minor child from, the physical care of a parent or person 
7 in loco parentis.


8  If a court finds, after a hearing, that respondent has 
9 committed abuse
(as defined in Section 103) of a minor 
10 child, there shall be a
rebuttable presumption that 
11 awarding physical care to respondent would not
be in the 
12 minor child's best interest.


13  (6) Temporary legal custody. Award temporary legal 
14 custody to petitioner
in accordance with this Section, the 
15 Illinois Marriage and Dissolution of
Marriage Act, the 
16 Illinois Parentage Act of 1984, and this State's Uniform

17 Child-Custody Jurisdiction and Enforcement Act. 


18  If a court finds, after a hearing, that respondent has 
19 committed abuse (as
defined in Section 103) of a minor 
20 child, there shall be a rebuttable
presumption that 
21 awarding temporary legal custody to respondent would not be 
22 in
the child's best interest.


23  (7) Visitation. Determine the visitation rights, if 
24 any, of respondent in
any case in which the court awards 
25 physical care or temporary legal custody of
a minor child 
26 to petitioner. The court shall restrict or deny 
 
 
09800HB3269ham002- 26 -LRB098 07721 RLC 55889 a


1 respondent's
visitation with a minor child if the court 
2 finds that respondent has done or is
likely to do any of 
3 the following: (i) abuse or endanger the minor child during

4 visitation; (ii) use the visitation as an opportunity to 
5 abuse or harass
petitioner or petitioner's family or 
6 household members; (iii) improperly
conceal or detain the 
7 minor child; or (iv) otherwise act in a manner that is
not 
8 in the best interests of the minor child. The court shall 
9 not be limited
by the standards set forth in Section 607.1 
10 of the Illinois Marriage and
Dissolution of Marriage Act. 
11 If the court grants visitation, the order shall
specify 
12 dates and times for the visitation to take place or other 
13 specific
parameters or conditions that are appropriate. No 
14 order for visitation shall
refer merely to the term 
15 "reasonable visitation".


16  Petitioner may deny respondent access to the minor 
17 child if, when
respondent arrives for visitation, 
18 respondent is under the influence of drugs
or alcohol and 
19 constitutes a threat to the safety and well-being of

20 petitioner or petitioner's minor children or is behaving in 
21 a violent or
abusive manner.


22  If necessary to protect any member of petitioner's 
23 family or
household from future abuse, respondent shall be 
24 prohibited from coming to
petitioner's residence to meet 
25 the minor child for visitation, and the
parties shall 
26 submit to the court their recommendations for reasonable

 
 
09800HB3269ham002- 27 -LRB098 07721 RLC 55889 a


1 alternative arrangements for visitation. A person may be 
2 approved to
supervise visitation only after filing an 
3 affidavit accepting
that responsibility and acknowledging 
4 accountability to the court.


5  (8) Removal or concealment of minor child. Prohibit 
6 respondent from
removing a minor child from the State or 
7 concealing the child within the State.


8  (9) Order to appear. Order the respondent to appear in 
9 court, alone
or with a minor child, to prevent abuse, 
10 neglect, removal or concealment of
the child, to return the 
11 child to the custody or care of the petitioner or
to permit 
12 any court-ordered interview or examination of the child or 
13 the
respondent.


14  (10) Possession of personal property. Grant petitioner 
15 exclusive
possession of personal property and, if 
16 respondent has possession or
control, direct respondent to 
17 promptly make it available to petitioner, if:


18   (i) petitioner, but not respondent, owns the 
19 property; or


20   (ii) the parties own the property jointly; sharing 
21 it would risk
abuse of petitioner by respondent or is 
22 impracticable; and the balance of
hardships favors 
23 temporary possession by petitioner.


24  If petitioner's sole claim to ownership of the property 
25 is that it is
marital property, the court may award 
26 petitioner temporary possession
thereof under the 
 
 
09800HB3269ham002- 28 -LRB098 07721 RLC 55889 a


1 standards of subparagraph (ii) of this paragraph only if
a 
2 proper proceeding has been filed under the Illinois 
3 Marriage and
Dissolution of Marriage Act, as now or 
4 hereafter amended.


5  No order under this provision shall affect title to 
6 property.


7  (11) Protection of property. Forbid the respondent 
8 from taking,
transferring, encumbering, concealing, 
9 damaging or otherwise disposing of
any real or personal 
10 property, except as explicitly authorized by the
court, if:


11   (i) petitioner, but not respondent, owns the 
12 property; or


13   (ii) the parties own the property jointly,
and the 
14 balance of hardships favors granting this remedy.


15  If petitioner's sole claim to ownership of the property 
16 is that it is
marital property, the court may grant 
17 petitioner relief under subparagraph
(ii) of this 
18 paragraph only if a proper proceeding has been filed under 
19 the
Illinois Marriage and Dissolution of Marriage Act, as 
20 now or hereafter amended.


21  The court may further prohibit respondent from 
22 improperly using the
financial or other resources of an 
23 aged member of the family or household
for the profit or 
24 advantage of respondent or of any other person.

25  (11.5) Protection of animals. Grant the petitioner the 
26 exclusive care, custody, or control of any animal owned, 
 
 
09800HB3269ham002- 29 -LRB098 07721 RLC 55889 a


1 possessed, leased, kept, or held by either the petitioner 
2 or the respondent or a minor child residing in the 
3 residence or household of either the petitioner or the 
4 respondent and order the respondent to stay away from the 
5 animal and forbid the respondent from taking, 
6 transferring, encumbering, concealing, harming, or 
7 otherwise disposing of the animal.


8  (12) Order for payment of support. Order respondent to 
9 pay temporary
support for the petitioner or any child in 
10 the petitioner's care or
custody, when the respondent has a 
11 legal obligation to support that person,
in accordance with 
12 the Illinois Marriage and Dissolution
of Marriage Act, 
13 which shall govern, among other matters, the amount of

14 support, payment through the clerk and withholding of 
15 income to secure
payment. An order for child support may be 
16 granted to a petitioner with
lawful physical care or 
17 custody of a child, or an order or agreement for
physical 
18 care or custody, prior to entry of an order for legal 
19 custody.
Such a support order shall expire upon entry of a 
20 valid order granting
legal custody to another, unless 
21 otherwise provided in the custody order.


22  (13) Order for payment of losses. Order respondent to 
23 pay petitioner for
losses suffered as a direct result of 
24 the abuse, neglect, or exploitation.
Such losses shall 
25 include, but not be limited to, medical expenses, lost

26 earnings or other support, repair or replacement of 
 
 
09800HB3269ham002- 30 -LRB098 07721 RLC 55889 a


1 property damaged or taken,
reasonable attorney's fees, 
2 court costs and moving or other travel expenses,
including 
3 additional reasonable expenses for temporary shelter and 
4 restaurant
meals.


5   (i) Losses affecting family needs. If a party is 
6 entitled to seek
maintenance, child support or 
7 property distribution from the other party
under the 
8 Illinois Marriage and Dissolution of Marriage Act, as 
9 now or
hereafter amended, the court may order 
10 respondent to reimburse petitioner's
actual losses, to 
11 the extent that such reimbursement would be 
12 "appropriate
temporary relief", as authorized by 
13 subsection (a)(3) of Section 501 of
that Act.


14   (ii) Recovery of expenses. In the case of an 
15 improper concealment
or removal of a minor child, the 
16 court may order respondent to pay the
reasonable 
17 expenses incurred or to be incurred in the search for 
18 and recovery
of the minor child, including but not 
19 limited to legal fees, court costs,
private 
20 investigator fees, and travel costs.


21  (14) Prohibition of entry. Prohibit the respondent 
22 from entering or
remaining in the residence or household 
23 while the respondent is under the
influence of alcohol or 
24 drugs and constitutes a threat to the safety and
well-being 
25 of the petitioner or the petitioner's children.


26  (14.5) Prohibition of firearm, firearm ammunition, 
 
 
09800HB3269ham002- 31 -LRB098 07721 RLC 55889 a


1 stun gun, and taser possession.


2   (a) A resident who is subject to an existing order 
3 of protection, interim order of protection, emergency 
4 order of protection, or plenary order of protection, 
5 issued under this Act or a substantially similar order 
6 of protection issued by any other state, possession, or 
7 territory of the United States, or the District of 
8 Columbia may not lawfully possess firearms, firearm 
9 ammunition, stun guns, and tasers under Section 8.2 of 
10 the Firearm Owners Identification Card Act. Prohibit a 
11 respondent against whom an order of protection was 
12 issued from possessing any firearms during the 
13 duration of the order if the order:
14    (1) was issued after a hearing of which such 
15 person received
actual notice, and at which such 
16 person had an opportunity to
participate;
17    (2) restrains such person from harassing, 
18 stalking, or
threatening an intimate partner of 
19 such person or child of such
intimate partner or 
20 person, or engaging in other conduct that
would 
21 place an intimate partner in reasonable fear of 
22 bodily
injury to the partner or child; and
23    (3)(i) includes a finding that such person 
24 represents a
credible threat to the physical 
25 safety of such intimate partner
or child; or
(ii) 
26 by its terms explicitly prohibits the use, 
 
 
09800HB3269ham002- 32 -LRB098 07721 RLC 55889 a


1 attempted
use, or threatened use of physical force 
2 against such intimate
partner or child that would 
3 reasonably be expected to cause
bodily injury.
4  Any firearms, firearm ammunition, stun guns, and 
5 tasers Firearm Owner's Identification Card in the

6 possession of the respondent, except as provided in 
7 subsection (b), shall be ordered by the court to be 
8 turned
over to a person with a valid Firearm Owner's 
9 Identification Card for safekeeping. The court shall 
10 order that the respondent's Firearm Owner's 
11 Identification Card be turned over to the local law 
12 enforcement agency, which in turn the local law 
13 enforcement agency. The local law enforcement agency 
14 shall immediately mail the card to the Department of 
15 State Police Firearm Owner's Identification Card 
16 Office
for safekeeping. The court shall
issue a warrant 
17 for seizure of any firearm in the possession of the 
18 respondent, to be kept by the local law enforcement 
19 agency for safekeeping, except as provided in 
20 subsection (b).
The period of safekeeping shall be for 
21 the duration of the order of protection, interim order 
22 of protection, emergency order of protection, or 
23 plenary order of protection. The firearms, firearm 
24 ammunition, stun guns, and tasers firearm or firearms 
25 and Firearm Owner's Identification Card, if unexpired, 
26 shall at the respondent's request, be returned to the 
 
 
09800HB3269ham002- 33 -LRB098 07721 RLC 55889 a


1 respondent at the end
of the order of protection, 
2 interim order of protection, emergency order of 
3 protection, or plenary order of protection. It is the 
4 respondent's responsibility to notify the Department 
5 of State Police Firearm Owner's Identification Card 
6 Office. 


7   (b) If the respondent is a peace officer as defined 
8 in Section 2-13 of
the
Criminal Code of 2012, the court 
9 shall order that any firearms used by the
respondent in 
10 the performance of his or her duties as a
peace officer 
11 be surrendered to
the chief law enforcement executive 
12 of the agency in which the respondent is
employed, who 
13 shall retain the firearms for safekeeping for the 
14 duration of the order of protection.

15   (c) Upon expiration of the period of safekeeping, 
16 if the firearms or Firearm Owner's Identification Card 
17 cannot be returned to respondent because respondent 
18 cannot be located, fails to respond to requests to 
19 retrieve the firearms, or is not lawfully eligible to 
20 possess a firearm, upon petition from the local law 
21 enforcement agency, the court may order the local law 
22 enforcement agency to destroy the firearms, use the 
23 firearms for training purposes, or for any other 
24 application as deemed appropriate by the local law 
25 enforcement agency; or that the firearms be turned over 
26 to a third party who is lawfully eligible to possess 
 
 
09800HB3269ham002- 34 -LRB098 07721 RLC 55889 a


1 firearms, and who does not reside with respondent. 

2  (15) Prohibition of access to records. If an order of 
3 protection
prohibits respondent from having contact with 
4 the minor child,
or if petitioner's address is omitted 
5 under subsection (b) of
Section 203, or if necessary to 
6 prevent abuse or wrongful removal or
concealment of a minor 
7 child, the order shall deny respondent access to, and

8 prohibit respondent from inspecting, obtaining, or 
9 attempting to
inspect or obtain, school or any other 
10 records of the minor child
who is in the care of 
11 petitioner.


12  (16) Order for payment of shelter services. Order 
13 respondent to
reimburse a shelter providing temporary 
14 housing and counseling services to
the petitioner for the 
15 cost of the services, as certified by the shelter
and 
16 deemed reasonable by the court.


17  (17) Order for injunctive relief. Enter injunctive 
18 relief necessary
or appropriate to prevent further abuse of 
19 a family or household member
or further abuse, neglect, or 
20 exploitation of a high-risk adult with
disabilities or to 
21 effectuate one of the granted remedies, if supported by the

22 balance of hardships. If the harm to be prevented by the 
23 injunction is abuse
or any other harm that one of the 
24 remedies listed in paragraphs (1) through
(16) of this 
25 subsection is designed to prevent, no further evidence is

26 necessary that the harm is an irreparable injury.

 
 
09800HB3269ham002- 35 -LRB098 07721 RLC 55889 a


1 (c) Relevant factors; findings.


2  (1) In determining whether to grant a specific remedy, 
3 other than
payment of support, the court shall consider

4 relevant factors, including but not limited to the 
5 following:


6   (i) the nature, frequency, severity, pattern and 
7 consequences of the
respondent's past abuse, neglect 
8 or exploitation of the petitioner or
any family or 
9 household member, including the concealment of his or 
10 her
location in order to evade service of process or 
11 notice, and the likelihood of
danger of future abuse, 
12 neglect, or exploitation to petitioner or any member of

13 petitioner's or respondent's family or household; and


14   (ii) the danger that any minor child will be abused 
15 or neglected or
improperly removed from the 
16 jurisdiction, improperly concealed within the
State or 
17 improperly separated from the child's primary 
18 caretaker.


19  (2) In comparing relative hardships resulting to the 
20 parties from loss
of possession of the family home, the 
21 court shall consider relevant
factors, including but not 
22 limited to the following:


23   (i) availability, accessibility, cost, safety, 
24 adequacy, location and
other characteristics of 
25 alternate housing for each party and any minor child
or 
26 dependent adult in the party's care;


 
 
09800HB3269ham002- 36 -LRB098 07721 RLC 55889 a


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


2   (iii) the effect on the relationship of the party, 
3 and any minor
child or dependent adult in the party's 
4 care, to family, school, church
and community.


5  (3) Subject to the exceptions set forth in paragraph 
6 (4) of this
subsection, the court shall make its findings 
7 in an official record or in
writing, and shall at a minimum 
8 set forth the following:


9   (i) That the court has considered the applicable 
10 relevant factors
described in paragraphs (1) and (2) of 
11 this subsection.


12   (ii) Whether the conduct or actions of respondent, 
13 unless
prohibited, will likely cause irreparable harm 
14 or continued abuse.


15   (iii) Whether it is necessary to grant the 
16 requested relief in order
to protect petitioner or 
17 other alleged abused persons.


18  (4) For purposes of issuing an ex parte emergency order 
19 of protection,
the court, as an alternative to or as a 
20 supplement to making the findings
described in paragraphs 
21 (c)(3)(i) through (c)(3)(iii) of this subsection, may
use 
22 the following procedure:


23  When a verified petition for an emergency order of 
24 protection in
accordance with the requirements of Sections 
25 203 and 217 is
presented to the court, the court shall 
26 examine petitioner on oath or
affirmation. An emergency 
 
 
09800HB3269ham002- 37 -LRB098 07721 RLC 55889 a


1 order of protection shall be issued by the court
if it 
2 appears from the contents of the petition and the 
3 examination of
petitioner that the averments are 
4 sufficient to indicate abuse by
respondent and to support 
5 the granting of relief under the issuance of the
emergency 
6 order of protection.


7  (5) Never married parties. No rights or 
8 responsibilities for a minor
child born outside of marriage 
9 attach to a putative father until a father and
child 
10 relationship has been established under the Illinois 
11 Parentage Act of
1984, the Illinois Public Aid Code, 
12 Section 12 of the Vital Records Act, the
Juvenile Court Act 
13 of 1987, the Probate Act of 1985, the Revised Uniform

14 Reciprocal Enforcement of Support Act, the Uniform 
15 Interstate Family Support
Act, the Expedited Child Support 
16 Act of 1990, any judicial, administrative, or
other act of 
17 another state or territory, any other Illinois statute, or 
18 by any
foreign nation establishing the father and child 
19 relationship, any other
proceeding substantially in 
20 conformity with the Personal Responsibility and
Work 
21 Opportunity Reconciliation Act of 1996 (Pub. L. 104-193), 
22 or where both
parties appeared in open court or at an 
23 administrative hearing acknowledging
under
oath or 
24 admitting by affirmation the existence of a father and 
25 child
relationship.
Absent such an adjudication, finding, 
26 or acknowledgement, no putative
father shall be granted

 
 
09800HB3269ham002- 38 -LRB098 07721 RLC 55889 a


1 temporary custody of the minor child, visitation with the 
2 minor child, or
physical care and possession of the minor 
3 child, nor shall an order of payment
for support of the 
4 minor child be entered.

5 (d) Balance of hardships; findings. If the court finds that 
6the balance
of hardships does not support the granting of a 
7remedy governed by
paragraph (2), (3), (10), (11), or (16) of 
8subsection (b) of this Section,
which may require such 
9balancing, the court's findings shall so
indicate and shall 
10include a finding as to whether granting the remedy will
result 
11in hardship to respondent that would substantially outweigh the 
12hardship
to petitioner from denial of the remedy. The findings 
13shall be an official
record or in writing.

14 (e) Denial of remedies. Denial of any remedy shall not be 
15based, in
whole or in part, on evidence that:


16  (1) Respondent has cause for any use of force, unless 
17 that cause
satisfies the standards for justifiable use of 
18 force provided by Article
7 of the Criminal Code of 2012;


19  (2) Respondent was voluntarily intoxicated;


20  (3) Petitioner acted in self-defense or defense of 
21 another, provided
that, if petitioner utilized force, such 
22 force was justifiable under
Article 7 of the Criminal Code 
23 of 2012; 


24  (4) Petitioner did not act in self-defense or defense 
25 of another;


26  (5) Petitioner left the residence or household to avoid 
 
 
09800HB3269ham002- 39 -LRB098 07721 RLC 55889 a


1 further abuse,
neglect, or exploitation by respondent;


2  (6) Petitioner did not leave the residence or household 
3 to avoid further
abuse, neglect, or exploitation by 
4 respondent;


5  (7) Conduct by any family or household member excused 
6 the abuse,
neglect, or exploitation by respondent, unless 
7 that same conduct would have
excused such abuse, neglect, 
8 or exploitation if the parties had not been
family or 
9 household members.

10(Source: P.A. 96-701, eff. 1-1-10; 96-1239, eff. 1-1-11; 
1197-158, eff. 1-1-12; 97-294, eff. 1-1-12; 97-813, eff. 7-13-12; 
1297-1131, eff. 1-1-13; 97-1150, eff. 1-25-13.)".