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1 | AN ACT concerning firearms.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Firearm Owners Identification Card Act is | |||||||||||||||||||||||||||
5 | amended by changing Section 9.5 as follows:
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6 | (430 ILCS 65/9.5) | |||||||||||||||||||||||||||
7 | Sec. 9.5. Revocation of Firearm Owner's Identification
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8 | Card. | |||||||||||||||||||||||||||
9 | (a) A person who receives a revocation notice under | |||||||||||||||||||||||||||
10 | Section 9 of this Act shall, within 48 hours of receiving | |||||||||||||||||||||||||||
11 | notice of the revocation: | |||||||||||||||||||||||||||
12 | (1) surrender his or her Firearm Owner's | |||||||||||||||||||||||||||
13 | Identification Card to the local law enforcement agency | |||||||||||||||||||||||||||
14 | where the person resides or to the Illinois State Police; | |||||||||||||||||||||||||||
15 | and | |||||||||||||||||||||||||||
16 | (2) complete a Firearm Disposition Record on a form | |||||||||||||||||||||||||||
17 | prescribed by the Illinois State Police and place his or | |||||||||||||||||||||||||||
18 | her firearms in the location or with the person reported | |||||||||||||||||||||||||||
19 | in the Firearm Disposition Record. The form shall require | |||||||||||||||||||||||||||
20 | the person to disclose: | |||||||||||||||||||||||||||
21 | (A) the make, model, and serial number of each | |||||||||||||||||||||||||||
22 | firearm owned by or under the custody and control of | |||||||||||||||||||||||||||
23 | the revoked person; |
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1 | (B) the location where each firearm will be | ||||||
2 | maintained during the prohibited term; | ||||||
3 | (C) if any firearm will be transferred to the | ||||||
4 | custody of another person, the name, address and | ||||||
5 | Firearm Owner's Identification Card number of the | ||||||
6 | transferee; and | ||||||
7 | (D) to whom his or her Firearm Owner's | ||||||
8 | Identification Card was surrendered. | ||||||
9 | Once completed, the person shall retain a copy and | ||||||
10 | provide a copy of the Firearm Disposition Record to the | ||||||
11 | Illinois State Police. | ||||||
12 | Nothing in this Section supersedes a court's authority to | ||||||
13 | order a person who receives a revocation notice to surrender | ||||||
14 | the person's firearms to a law enforcement agency of the | ||||||
15 | court's choosing. | ||||||
16 | (b) Upon confirming through the portal created under | ||||||
17 | Section 2605-304 of the Illinois State Police Law of the Civil | ||||||
18 | Administrative Code of Illinois that the Firearm Owner's | ||||||
19 | Identification Card has been revoked by the Illinois State | ||||||
20 | Police, surrendered cards shall be destroyed by the law | ||||||
21 | enforcement agency receiving the cards. If a card has not been | ||||||
22 | revoked, the card shall be returned to the cardholder. | ||||||
23 | (b-5) If a court orders the surrender of a Firearm | ||||||
24 | Firearms Owner's Identification Card and accepts receipt of | ||||||
25 | the Card, the court shall destroy the Card and direct the | ||||||
26 | person whose Firearm Owner's Identification Card has been |
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1 | surrendered to comply with paragraph (2) of subsection (a). | ||||||
2 | (b-10) If the person whose Firearm Owner's Identification | ||||||
3 | Card has been revoked has either lost or destroyed the Card, | ||||||
4 | the person must still comply with paragraph (2) of subsection | ||||||
5 | (a). | ||||||
6 | (b-15) A notation shall be made in the portal created | ||||||
7 | under Section 2605-304 of the Illinois State Police Law of the | ||||||
8 | Civil Administrative Code of Illinois that the revoked Firearm | ||||||
9 | Owner's Identification Card has been destroyed. | ||||||
10 | (c) If the person whose Firearm Owner's Identification | ||||||
11 | Card has been revoked fails to comply with the requirements of | ||||||
12 | this Section, the sheriff or law enforcement agency where the | ||||||
13 | person resides may petition the circuit court to issue a | ||||||
14 | warrant to search for and seize the Firearm Owner's | ||||||
15 | Identification Card and firearms in the possession or under | ||||||
16 | the custody or control of the person whose Firearm Owner's | ||||||
17 | Identification Card has been revoked. | ||||||
18 | (d) A violation of subsection (a) of this Section is a | ||||||
19 | Class A misdemeanor. | ||||||
20 | (e) The observation of a Firearm Owner's Identification | ||||||
21 | Card in the possession of a person whose Firearm Owner's | ||||||
22 | Identification Card has been revoked constitutes a sufficient | ||||||
23 | basis for the arrest of that person for violation of this | ||||||
24 | Section. | ||||||
25 | (f) Within 30 days after July 9, 2013 (the effective date | ||||||
26 | of Public Act 98-63), the Illinois State Police shall provide |
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1 | written notice of the requirements of this Section to persons | ||||||
2 | whose Firearm Owner's Identification Cards have been revoked, | ||||||
3 | suspended, or expired and who have failed to surrender their | ||||||
4 | cards to the Illinois State Police. | ||||||
5 | (g) A person whose Firearm Owner's Identification Card has | ||||||
6 | been revoked and who received notice under subsection (f) | ||||||
7 | shall comply with the requirements of this Section within 48 | ||||||
8 | hours of receiving notice.
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9 | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; | ||||||
10 | 102-813, eff. 5-13-22; revised 8-24-22.)
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11 | Section 10. The Code of Criminal Procedure of 1963 is | ||||||
12 | amended by changing Section 112A-14 as follows:
| ||||||
13 | (725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14)
| ||||||
14 | Sec. 112A-14. Domestic violence order of protection; | ||||||
15 | remedies.
| ||||||
16 | (a) (Blank).
| ||||||
17 | (b) The court may order any of the remedies listed in this | ||||||
18 | subsection (b).
The remedies listed in this subsection (b) | ||||||
19 | shall be in addition to other civil
or criminal remedies | ||||||
20 | available to petitioner.
| ||||||
21 | (1) Prohibition of abuse. Prohibit respondent's | ||||||
22 | harassment,
interference with personal liberty, | ||||||
23 | intimidation of a dependent, physical
abuse, or willful | ||||||
24 | deprivation, as defined in this Article, if such abuse has
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1 | occurred or otherwise appears likely to occur if not | ||||||
2 | prohibited.
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3 | (2) Grant of exclusive possession of residence. | ||||||
4 | Prohibit respondent
from entering or remaining in any | ||||||
5 | residence, household, or premises of the petitioner,
| ||||||
6 | including one owned or leased by respondent, if petitioner | ||||||
7 | has a right
to occupancy thereof. The grant of exclusive | ||||||
8 | possession of the residence, household, or premises
shall | ||||||
9 | not affect title to real property, nor shall the court be | ||||||
10 | limited by
the standard set forth in subsection (c-2) of | ||||||
11 | Section 501 of the Illinois Marriage and
Dissolution of | ||||||
12 | Marriage Act.
| ||||||
13 | (A) Right to occupancy. A party has a right to | ||||||
14 | occupancy of a
residence or household if it is
solely | ||||||
15 | or jointly owned or leased by that party, that party's | ||||||
16 | spouse, a
person with a legal duty to support that | ||||||
17 | party or a minor child in that
party's care, or by any | ||||||
18 | person or entity other than the opposing party that
| ||||||
19 | authorizes that party's occupancy (e.g., a domestic | ||||||
20 | violence shelter).
Standards set forth in subparagraph | ||||||
21 | (B) shall not preclude equitable relief.
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22 | (B) Presumption of hardships. If petitioner and | ||||||
23 | respondent
each has the right to occupancy of a | ||||||
24 | residence or household, the court
shall balance (i) | ||||||
25 | the hardships to respondent and any minor child or
| ||||||
26 | dependent adult in respondent's care resulting from |
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1 | entry of this remedy with (ii)
the hardships to | ||||||
2 | petitioner and any minor child or dependent adult in
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3 | petitioner's care resulting from continued exposure to | ||||||
4 | the risk of abuse (should
petitioner remain at the | ||||||
5 | residence or household) or from loss of possession
of | ||||||
6 | the residence or household (should petitioner leave to | ||||||
7 | avoid the risk
of abuse). When determining the balance | ||||||
8 | of hardships, the court shall also
take into account | ||||||
9 | the accessibility of the residence or household.
| ||||||
10 | Hardships need not be balanced if respondent does not | ||||||
11 | have a right to occupancy.
| ||||||
12 | The balance of hardships is presumed to favor | ||||||
13 | possession by
petitioner unless the presumption is | ||||||
14 | rebutted by a preponderance of the
evidence, showing | ||||||
15 | that the hardships to respondent substantially | ||||||
16 | outweigh
the hardships to petitioner and any minor | ||||||
17 | child or dependent adult in petitioner's
care. The | ||||||
18 | court, on the request of petitioner or on its own | ||||||
19 | motion,
may order respondent to provide suitable, | ||||||
20 | accessible, alternate housing
for petitioner instead | ||||||
21 | of
excluding respondent from a mutual residence or | ||||||
22 | household.
| ||||||
23 | (3) Stay away order and additional prohibitions.
Order | ||||||
24 | respondent to stay away from petitioner or any other | ||||||
25 | person
protected by the domestic violence order of | ||||||
26 | protection, or prohibit respondent from entering
or |
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1 | remaining present at petitioner's school, place of | ||||||
2 | employment, or other
specified places at times when | ||||||
3 | petitioner is present, or both, if
reasonable, given
the | ||||||
4 | balance of hardships. Hardships need not be balanced for | ||||||
5 | the court
to enter a stay away order or prohibit entry
if | ||||||
6 | respondent has no right to enter the premises.
| ||||||
7 | (A) If a domestic violence order of protection | ||||||
8 | grants petitioner exclusive possession
of the | ||||||
9 | residence, prohibits respondent from entering the | ||||||
10 | residence,
or orders respondent to stay away from | ||||||
11 | petitioner or other
protected persons, then the court | ||||||
12 | may allow respondent access to the
residence to remove | ||||||
13 | items of clothing and personal adornment
used | ||||||
14 | exclusively by respondent, medications, and other | ||||||
15 | items as the court directs.
The right to access shall | ||||||
16 | be exercised on only one occasion as the court directs
| ||||||
17 | and in the presence of an agreed-upon adult third | ||||||
18 | party or law enforcement officer.
| ||||||
19 | (B) When the petitioner and the respondent attend | ||||||
20 | the same public, private, or non-public elementary, | ||||||
21 | middle, or high school, the court when issuing a | ||||||
22 | domestic violence order of protection and providing | ||||||
23 | relief shall consider the severity of the act, any | ||||||
24 | continuing physical danger or emotional distress to | ||||||
25 | the petitioner, the educational rights guaranteed to | ||||||
26 | the petitioner and respondent under federal and State |
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1 | law, the availability of a transfer of the respondent | ||||||
2 | to another school, a change of placement or a change of | ||||||
3 | program of the respondent, the expense, difficulty, | ||||||
4 | and educational disruption that would be caused by a | ||||||
5 | transfer of the respondent to another school, and any | ||||||
6 | other relevant facts of the case. The court may order | ||||||
7 | that the respondent not attend the public, private, or | ||||||
8 | non-public elementary, middle, or high school attended | ||||||
9 | by the petitioner, order that the respondent accept a | ||||||
10 | change of placement or change of program, as | ||||||
11 | determined by the school district or private or | ||||||
12 | non-public school, or place restrictions on the | ||||||
13 | respondent's movements within the school attended by | ||||||
14 | the petitioner. The respondent bears the burden of | ||||||
15 | proving by a preponderance of the evidence that a | ||||||
16 | transfer, change of placement, or change of program of | ||||||
17 | the respondent is not available. The respondent also | ||||||
18 | bears the burden of production with respect to the | ||||||
19 | expense, difficulty, and educational disruption that | ||||||
20 | would be caused by a transfer of the respondent to | ||||||
21 | another school. A transfer, change of placement, or | ||||||
22 | change of program is not unavailable to the respondent | ||||||
23 | solely on the ground that the respondent does not | ||||||
24 | agree with the school district's or private or | ||||||
25 | non-public school's transfer, change of placement, or | ||||||
26 | change of program or solely on the ground that the |
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1 | respondent fails or refuses to consent or otherwise | ||||||
2 | does not take an action required to effectuate a | ||||||
3 | transfer, change of placement, or change of program. | ||||||
4 | When a court orders a respondent to stay away from the | ||||||
5 | public, private, or non-public school attended by the | ||||||
6 | petitioner and the respondent requests a transfer to | ||||||
7 | another attendance center within the respondent's | ||||||
8 | school district or private or non-public school, the | ||||||
9 | school district or private or non-public school shall | ||||||
10 | have sole discretion to determine the attendance | ||||||
11 | center to which the respondent is transferred. If the | ||||||
12 | court order results in a transfer of the minor | ||||||
13 | respondent to another attendance center, a change in | ||||||
14 | the respondent's placement, or a change of the | ||||||
15 | respondent's program, the parents, guardian, or legal | ||||||
16 | custodian of the respondent is responsible for | ||||||
17 | transportation and other costs associated with the | ||||||
18 | transfer or change. | ||||||
19 | (C) The court may order the parents, guardian, or | ||||||
20 | legal custodian of a minor respondent to take certain | ||||||
21 | actions or to refrain from taking certain actions to | ||||||
22 | ensure that the respondent complies with the order. If | ||||||
23 | the court orders a transfer of the respondent to | ||||||
24 | another school, the parents, guardian, or legal | ||||||
25 | custodian of the respondent is responsible for | ||||||
26 | transportation and other costs associated with the |
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| |||||||
1 | change of school by the respondent. | ||||||
2 | (4) Counseling. Require or recommend the respondent to | ||||||
3 | undergo
counseling for a specified duration with a social | ||||||
4 | worker, psychologist,
clinical psychologist, | ||||||
5 | psychiatrist, family service agency, alcohol or
substance | ||||||
6 | abuse program, mental health center guidance counselor, | ||||||
7 | agency
providing services to elders, program designed for | ||||||
8 | domestic violence
abusers, or any other guidance service | ||||||
9 | the court deems appropriate. The court may order the | ||||||
10 | respondent in any intimate partner relationship to report | ||||||
11 | to an Illinois Department of Human Services protocol | ||||||
12 | approved partner abuse intervention program for an | ||||||
13 | assessment and to follow all recommended treatment.
| ||||||
14 | (5) Physical care and possession of the minor child. | ||||||
15 | In order to protect
the minor child from abuse, neglect, | ||||||
16 | or unwarranted separation from the person
who has been the | ||||||
17 | minor child's primary caretaker, or to otherwise protect | ||||||
18 | the
well-being of the minor child, the court may do either | ||||||
19 | or both of the following:
(i) grant petitioner physical | ||||||
20 | care or possession of the minor child, or both, or
(ii) | ||||||
21 | order respondent to return a minor child to, or not remove | ||||||
22 | a minor child
from, the physical care of a parent or person | ||||||
23 | in loco parentis.
| ||||||
24 | If the respondent is charged with abuse
(as defined in | ||||||
25 | Section 112A-3 of this Code) of a minor child, there shall | ||||||
26 | be a
rebuttable presumption that awarding physical care to |
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| |||||||
1 | respondent would not
be in the minor child's best | ||||||
2 | interest.
| ||||||
3 | (6) Temporary allocation of parental responsibilities | ||||||
4 | and significant decision-making responsibilities.
Award | ||||||
5 | temporary significant decision-making responsibility to | ||||||
6 | petitioner in accordance with this Section,
the Illinois | ||||||
7 | Marriage
and Dissolution of Marriage Act, the Illinois | ||||||
8 | Parentage Act of 2015,
and this State's Uniform | ||||||
9 | Child-Custody
Jurisdiction and Enforcement Act.
| ||||||
10 | If the respondent
is charged with abuse (as defined in | ||||||
11 | Section 112A-3 of this Code) of a
minor child, there shall | ||||||
12 | be a rebuttable presumption that awarding
temporary | ||||||
13 | significant decision-making responsibility to respondent | ||||||
14 | would not be in the
child's best interest.
| ||||||
15 | (7) Parenting time. Determine the parenting time, if | ||||||
16 | any, of respondent in any case in which the court
awards | ||||||
17 | physical care or temporary significant decision-making | ||||||
18 | responsibility of a minor child to
petitioner. The court | ||||||
19 | shall restrict or deny respondent's parenting time with
a | ||||||
20 | minor child if
the court finds that respondent has done or | ||||||
21 | is likely to do any of the
following: | ||||||
22 | (i) abuse or endanger the minor child during | ||||||
23 | parenting time; | ||||||
24 | (ii) use the parenting time
as an opportunity to | ||||||
25 | abuse or harass petitioner or
petitioner's family or | ||||||
26 | household members; |
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| |||||||
1 | (iii) improperly conceal or
detain the minor | ||||||
2 | child; or | ||||||
3 | (iv) otherwise act in a manner that is not in
the | ||||||
4 | best interests of the minor child. | ||||||
5 | The court shall not be limited by the
standards set | ||||||
6 | forth in Section 603.10 of the Illinois Marriage and
| ||||||
7 | Dissolution of Marriage Act. If the court grants parenting | ||||||
8 | time, the order
shall specify dates and times for the | ||||||
9 | parenting time to take place or other
specific parameters | ||||||
10 | or conditions that are appropriate. No order for parenting | ||||||
11 | time
shall refer merely to the term "reasonable parenting | ||||||
12 | time". Petitioner may deny respondent access to the minor | ||||||
13 | child if, when
respondent arrives for parenting time, | ||||||
14 | respondent is under the influence of drugs
or alcohol and | ||||||
15 | constitutes a threat to the safety and well-being of
| ||||||
16 | petitioner or petitioner's minor children or is behaving | ||||||
17 | in a violent or abusive manner. If necessary to protect | ||||||
18 | any member of petitioner's family or
household from future | ||||||
19 | abuse, respondent shall be prohibited from coming to
| ||||||
20 | petitioner's residence to meet the minor child for | ||||||
21 | parenting time, and the petitioner and respondent
shall | ||||||
22 | submit to the court their recommendations for reasonable
| ||||||
23 | alternative arrangements for parenting time. A person may | ||||||
24 | be approved to
supervise parenting time only after filing | ||||||
25 | an affidavit accepting
that responsibility and | ||||||
26 | acknowledging accountability to the court.
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1 | (8) Removal or concealment of minor child.
Prohibit | ||||||
2 | respondent from
removing a minor child from the State or | ||||||
3 | concealing the child within the
State.
| ||||||
4 | (9) Order to appear. Order the respondent to
appear in | ||||||
5 | court, alone
or with a minor child, to prevent abuse, | ||||||
6 | neglect, removal or concealment of
the child, to return | ||||||
7 | the child to the custody or care of the petitioner, or
to | ||||||
8 | permit any court-ordered interview or examination of the | ||||||
9 | child or the
respondent.
| ||||||
10 | (10) Possession of personal property. Grant petitioner | ||||||
11 | exclusive
possession of personal property and, if | ||||||
12 | respondent has possession or
control, direct respondent to | ||||||
13 | promptly make it available to petitioner, if:
| ||||||
14 | (i) petitioner, but not respondent, owns the | ||||||
15 | property; or
| ||||||
16 | (ii) the petitioner and respondent own the | ||||||
17 | property jointly; sharing it would risk
abuse of | ||||||
18 | petitioner by respondent or is impracticable; and the | ||||||
19 | balance of
hardships favors temporary possession by | ||||||
20 | petitioner.
| ||||||
21 | If petitioner's sole claim to ownership of the | ||||||
22 | property is that it is
marital property, the court may | ||||||
23 | award petitioner temporary possession
thereof under the | ||||||
24 | standards of subparagraph (ii) of this paragraph only if
a | ||||||
25 | proper proceeding has been filed under the Illinois | ||||||
26 | Marriage and
Dissolution of Marriage Act, as now or |
| |||||||
| |||||||
1 | hereafter amended.
| ||||||
2 | No order under this provision shall affect title to | ||||||
3 | property.
| ||||||
4 | (11) Protection of property. Forbid the respondent | ||||||
5 | from taking,
transferring, encumbering, concealing, | ||||||
6 | damaging, or otherwise disposing of
any real or personal | ||||||
7 | property, except as explicitly authorized by the
court, | ||||||
8 | if:
| ||||||
9 | (i) petitioner, but not respondent, owns the | ||||||
10 | property; or
| ||||||
11 | (ii) the petitioner and respondent own the | ||||||
12 | property jointly,
and the balance of hardships favors | ||||||
13 | granting this remedy.
| ||||||
14 | If petitioner's sole claim to ownership of the | ||||||
15 | property is that it is
marital property, the court may | ||||||
16 | grant petitioner relief under subparagraph
(ii) of this | ||||||
17 | paragraph only if a proper proceeding has been filed under | ||||||
18 | the
Illinois Marriage and Dissolution of Marriage Act, as | ||||||
19 | now or hereafter amended.
| ||||||
20 | The court may further prohibit respondent from | ||||||
21 | improperly using the
financial or other resources of an | ||||||
22 | aged member of the family or household
for the profit or | ||||||
23 | advantage of respondent or of any other person.
| ||||||
24 | (11.5) Protection of animals. Grant the petitioner the | ||||||
25 | exclusive care, custody, or control of any animal owned, | ||||||
26 | possessed, leased, kept, or held by either the petitioner |
| |||||||
| |||||||
1 | or the respondent or a minor child residing in the | ||||||
2 | residence or household of either the petitioner or the | ||||||
3 | respondent and order the respondent to stay away from the | ||||||
4 | animal and forbid the respondent from taking, | ||||||
5 | transferring, encumbering, concealing, harming, or | ||||||
6 | otherwise disposing of the animal.
| ||||||
7 | (12) Order for payment of support. Order
respondent to | ||||||
8 | pay temporary
support for the petitioner or any child in | ||||||
9 | the petitioner's care or over whom the petitioner has been | ||||||
10 | allocated parental responsibility, when the respondent has | ||||||
11 | a legal obligation to support that person,
in accordance | ||||||
12 | with the Illinois Marriage and Dissolution
of Marriage | ||||||
13 | Act, which shall govern, among other matters, the amount | ||||||
14 | of
support, payment through the clerk and withholding of | ||||||
15 | income to secure
payment. An order for child support may | ||||||
16 | be granted to a petitioner with
lawful physical care of a | ||||||
17 | child, or an order or agreement for
physical care of a | ||||||
18 | child, prior to entry of an order allocating significant | ||||||
19 | decision-making responsibility.
Such a support order shall | ||||||
20 | expire upon entry of a valid order allocating parental | ||||||
21 | responsibility differently and vacating petitioner's | ||||||
22 | significant decision-making responsibility unless | ||||||
23 | otherwise provided in the order.
| ||||||
24 | (13) Order for payment of losses. Order
respondent to | ||||||
25 | pay petitioner
for losses suffered as a direct result of | ||||||
26 | the abuse. Such losses shall
include, but not be limited |
| |||||||
| |||||||
1 | to, medical expenses, lost earnings or other
support, | ||||||
2 | repair or replacement of property damaged or taken, | ||||||
3 | reasonable
attorney's fees, court costs, and moving or | ||||||
4 | other travel expenses, including
additional reasonable | ||||||
5 | expenses for temporary shelter and restaurant meals.
| ||||||
6 | (i) Losses affecting family needs. If a party is | ||||||
7 | entitled to seek
maintenance, child support, or | ||||||
8 | property distribution from the other party
under the | ||||||
9 | Illinois Marriage and Dissolution of Marriage Act, as | ||||||
10 | now or
hereafter amended, the court may order | ||||||
11 | respondent to reimburse petitioner's
actual losses, to | ||||||
12 | the extent that such reimbursement would be | ||||||
13 | "appropriate
temporary relief", as authorized by | ||||||
14 | subsection (a)(3) of
Section 501 of that Act.
| ||||||
15 | (ii) Recovery of expenses. In the case of an | ||||||
16 | improper concealment
or removal of a minor child, the | ||||||
17 | court may order respondent to pay the reasonable
| ||||||
18 | expenses incurred or to be incurred in the search for | ||||||
19 | and recovery of the
minor child, including, but not | ||||||
20 | limited to, legal fees, court costs, private
| ||||||
21 | investigator fees, and travel costs.
| ||||||
22 | (14) Prohibition of entry. Prohibit the respondent | ||||||
23 | from entering or
remaining in the residence or household | ||||||
24 | while the respondent is under the
influence of alcohol or | ||||||
25 | drugs and constitutes a threat to the safety and
| ||||||
26 | well-being of the petitioner or the petitioner's children.
|
| |||||||
| |||||||
1 | (14.5) Prohibition of firearm possession. | ||||||
2 | (A) A person who is subject to an existing | ||||||
3 | domestic violence order of protection issued under | ||||||
4 | this Code may not lawfully possess weapons or a | ||||||
5 | Firearm Owner's Identification Card under Section 8.2 | ||||||
6 | of the Firearm Owners Identification Card Act and is | ||||||
7 | subject to the requirements of subsection (a-1) of | ||||||
8 | Section 214 of the Illinois Domestic Violence Act of | ||||||
9 | 1986 and paragraph (14.5) or (14.6) of subsection (b) | ||||||
10 | of Section 214 of the Illinois Domestic Violence Act | ||||||
11 | of 1986, as applicable . | ||||||
12 | (B) Any firearms in the
possession of the | ||||||
13 | respondent, except as provided in subparagraph (C) of | ||||||
14 | this paragraph (14.5), shall be ordered by the court | ||||||
15 | to be turned
over to a person with a valid Firearm | ||||||
16 | Owner's Identification Card for surrender: | ||||||
17 | safekeeping. | ||||||
18 | (i) in the case of an ex parte order under | ||||||
19 | Section 112A-17.5, for the duration of the | ||||||
20 | domestic violence order of protection; or | ||||||
21 | (ii) in the case of a final order, for the | ||||||
22 | duration of the domestic violence order of | ||||||
23 | protection or 2 years, whichever is longer. | ||||||
24 | The court shall issue an order that the | ||||||
25 | respondent comply with Section 9.5 of the Firearm | ||||||
26 | Owners Identification Card Act.
|
| |||||||
| |||||||
1 | (C) If the respondent is a peace officer as | ||||||
2 | defined in Section 2-13 of
the
Criminal Code of 2012, | ||||||
3 | the court shall order that any firearms used by the
| ||||||
4 | respondent in the performance of his or her duties as a
| ||||||
5 | peace officer be surrendered to
the chief law | ||||||
6 | enforcement executive of the agency in which the | ||||||
7 | respondent is
employed, who shall retain the firearms | ||||||
8 | for surrender: safekeeping for the duration of the | ||||||
9 | domestic violence order of protection.
| ||||||
10 | (i) in the case of an ex parte order under | ||||||
11 | Section 112A-17.5, for the duration of the | ||||||
12 | domestic violence order of protection; or | ||||||
13 | (ii) in the case of a final order, for the | ||||||
14 | duration of the domestic violence order of | ||||||
15 | protection or 2 years, whichever is longer. | ||||||
16 | (D) Upon expiration of the period of surrender | ||||||
17 | safekeeping , if the firearms or Firearm Owner's | ||||||
18 | Identification Card cannot be returned to respondent | ||||||
19 | because respondent cannot be located, fails to respond | ||||||
20 | to requests to retrieve the firearms, or is not | ||||||
21 | lawfully eligible to possess a firearm, upon petition | ||||||
22 | from the local law enforcement agency, the court may | ||||||
23 | order the local law enforcement agency to destroy the | ||||||
24 | firearms, use the firearms for training purposes, or | ||||||
25 | for any other application as deemed appropriate by the | ||||||
26 | local law enforcement agency; or that the firearms be |
| |||||||
| |||||||
1 | turned over to a third party who is lawfully eligible | ||||||
2 | to possess firearms, and who does not reside with | ||||||
3 | respondent. | ||||||
4 | (15) Prohibition of access to records. If a domestic | ||||||
5 | violence order of protection
prohibits respondent from | ||||||
6 | having contact with the minor child,
or if petitioner's | ||||||
7 | address is omitted under subsection (b) of
Section 112A-5 | ||||||
8 | of this Code, or if necessary to prevent abuse or wrongful | ||||||
9 | removal or
concealment of a minor child, the order shall | ||||||
10 | deny respondent access to, and
prohibit respondent from | ||||||
11 | inspecting, obtaining, or attempting to
inspect or obtain, | ||||||
12 | school or any other records of the minor child
who is in | ||||||
13 | the care of petitioner.
| ||||||
14 | (16) Order for payment of shelter services. Order | ||||||
15 | respondent to
reimburse a shelter providing temporary | ||||||
16 | housing and counseling services to
the petitioner for the | ||||||
17 | cost of the services, as certified by the shelter
and | ||||||
18 | deemed reasonable by the court.
| ||||||
19 | (17) Order for injunctive relief. Enter injunctive | ||||||
20 | relief necessary
or appropriate to prevent further abuse | ||||||
21 | of a family or household member or
to effectuate one of the | ||||||
22 | granted remedies, if supported by the balance of
| ||||||
23 | hardships. If the harm to be prevented by the injunction | ||||||
24 | is abuse or any
other harm that one of the remedies listed | ||||||
25 | in paragraphs (1) through (16)
of this subsection is | ||||||
26 | designed to prevent, no further evidence is necessary
to |
| |||||||
| |||||||
1 | establish that the harm is an irreparable injury.
| ||||||
2 | (18) Telephone services. | ||||||
3 | (A) Unless a condition described in subparagraph | ||||||
4 | (B) of this paragraph exists, the court may, upon | ||||||
5 | request by the petitioner, order a wireless telephone | ||||||
6 | service provider to transfer to the petitioner the | ||||||
7 | right to continue to use a telephone number or numbers | ||||||
8 | indicated by the petitioner and the financial | ||||||
9 | responsibility associated with the number or numbers, | ||||||
10 | as set forth in subparagraph (C) of this paragraph. In | ||||||
11 | this paragraph (18), the term "wireless telephone | ||||||
12 | service provider" means a provider of commercial | ||||||
13 | mobile service as defined in 47 U.S.C. 332. The | ||||||
14 | petitioner may request the transfer of each telephone | ||||||
15 | number that the petitioner, or a minor child in his or | ||||||
16 | her custody, uses. The clerk of the court shall serve | ||||||
17 | the order on the wireless telephone service provider's | ||||||
18 | agent for service of process provided to the Illinois | ||||||
19 | Commerce Commission. The order shall contain all of | ||||||
20 | the following: | ||||||
21 | (i) The name and billing telephone number of | ||||||
22 | the account holder including the name of the | ||||||
23 | wireless telephone service provider that serves | ||||||
24 | the account. | ||||||
25 | (ii) Each telephone number that will be | ||||||
26 | transferred. |
| |||||||
| |||||||
1 | (iii) A statement that the provider transfers | ||||||
2 | to the petitioner all financial responsibility for | ||||||
3 | and right to the use of any telephone number | ||||||
4 | transferred under this paragraph. | ||||||
5 | (B) A wireless telephone service provider shall | ||||||
6 | terminate the respondent's use of, and shall transfer | ||||||
7 | to the petitioner use of, the telephone number or | ||||||
8 | numbers indicated in subparagraph (A) of this | ||||||
9 | paragraph unless it notifies the petitioner, within 72 | ||||||
10 | hours after it receives the order, that one of the | ||||||
11 | following applies: | ||||||
12 | (i) The account holder named in the order has | ||||||
13 | terminated the account. | ||||||
14 | (ii) A difference in network technology would | ||||||
15 | prevent or impair the functionality of a device on | ||||||
16 | a network if the transfer occurs. | ||||||
17 | (iii) The transfer would cause a geographic or | ||||||
18 | other limitation on network or service provision | ||||||
19 | to the petitioner. | ||||||
20 | (iv) Another technological or operational | ||||||
21 | issue would prevent or impair the use of the | ||||||
22 | telephone number if the transfer occurs. | ||||||
23 | (C) The petitioner assumes all financial | ||||||
24 | responsibility for and right to the use of any | ||||||
25 | telephone number transferred under this paragraph. In | ||||||
26 | this paragraph, "financial responsibility" includes |
| |||||||
| |||||||
1 | monthly service costs and costs associated with any | ||||||
2 | mobile device associated with the number. | ||||||
3 | (D) A wireless telephone service provider may | ||||||
4 | apply to the petitioner its routine and customary | ||||||
5 | requirements for establishing an account or | ||||||
6 | transferring a number, including requiring the | ||||||
7 | petitioner to provide proof of identification, | ||||||
8 | financial information, and customer preferences.
| ||||||
9 | (E) Except for willful or wanton misconduct, a | ||||||
10 | wireless telephone service provider is immune from | ||||||
11 | civil liability for its actions taken in compliance | ||||||
12 | with a court order issued under this paragraph. | ||||||
13 | (F) All wireless service providers that provide | ||||||
14 | services to residential customers shall provide to the | ||||||
15 | Illinois Commerce Commission the name and address of | ||||||
16 | an agent for service of orders entered under this | ||||||
17 | paragraph (18). Any change in status of the registered | ||||||
18 | agent must be reported to the Illinois Commerce | ||||||
19 | Commission within 30 days of such change. | ||||||
20 | (G) The Illinois Commerce Commission shall | ||||||
21 | maintain the list of registered agents for service for | ||||||
22 | each wireless telephone service provider on the | ||||||
23 | Commission's website. The Commission may consult with | ||||||
24 | wireless telephone service providers and the Circuit | ||||||
25 | Court Clerks on the manner in which this information | ||||||
26 | is provided and displayed. |
| |||||||
| |||||||
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 of the | ||||||
8 | petitioner or any family or household
member, | ||||||
9 | including the concealment of his or her location in | ||||||
10 | order to evade
service of process or notice, and the | ||||||
11 | likelihood of danger of future abuse to
petitioner or
| ||||||
12 | any member of petitioner's or respondent's family or | ||||||
13 | household; and
| ||||||
14 | (ii) the danger that any minor child will be | ||||||
15 | abused or neglected or
improperly relocated from the | ||||||
16 | jurisdiction, improperly concealed within the
State, | ||||||
17 | or 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 | ||||||
26 | or
dependent adult in the party's care;
|
| |||||||
| |||||||
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 (c), the court shall make its | ||||||
7 | findings in an official record or in
writing, and shall at | ||||||
8 | a minimum set forth the following:
| ||||||
9 | (i) That the court has considered the applicable | ||||||
10 | relevant factors
described in paragraphs (1) and (2) | ||||||
11 | of this subsection (c).
| ||||||
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) (Blank).
| ||||||
19 | (5) Never married parties. No rights or | ||||||
20 | responsibilities for a minor
child born outside of | ||||||
21 | marriage attach to a putative father until a father and
| ||||||
22 | child relationship has been established under the Illinois | ||||||
23 | Parentage Act of
1984, the Illinois Parentage Act of 2015, | ||||||
24 | the Illinois Public Aid Code, Section 12 of the Vital | ||||||
25 | Records Act, the Juvenile Court Act of 1987, the Probate | ||||||
26 | Act of 1975, the Uniform Interstate Family Support Act, |
| |||||||
| |||||||
1 | the Expedited Child Support Act of 1990, any judicial, | ||||||
2 | administrative, or other act of another state or | ||||||
3 | territory, any other statute of this State, or by any | ||||||
4 | foreign nation establishing the father and child | ||||||
5 | relationship, any other proceeding substantially in | ||||||
6 | conformity with the federal Personal Responsibility and | ||||||
7 | Work Opportunity Reconciliation Act of 1996, or when both | ||||||
8 | parties appeared in open court or at an administrative | ||||||
9 | hearing acknowledging under oath or admitting by | ||||||
10 | affirmation the existence of a father and child | ||||||
11 | relationship. Absent such an adjudication, no putative | ||||||
12 | father shall be granted
temporary allocation of parental | ||||||
13 | responsibilities, including parenting time with the minor | ||||||
14 | child, or
physical care
and possession of the minor child, | ||||||
15 | nor shall
an order of payment for support of the minor | ||||||
16 | child be entered.
| ||||||
17 | (d) Balance of hardships; findings. If the court finds | ||||||
18 | that the balance
of hardships does not support the granting of | ||||||
19 | a remedy governed by
paragraph (2), (3), (10), (11), or (16) of
| ||||||
20 | subsection (b) of this Section,
which may require such | ||||||
21 | balancing, the court's findings shall so
indicate and shall | ||||||
22 | include a finding as to whether granting the remedy will
| ||||||
23 | result in hardship to respondent that would substantially | ||||||
24 | outweigh the hardship
to petitioner
from denial of the remedy. | ||||||
25 | The findings shall be an official record or in
writing.
| ||||||
26 | (e) Denial of remedies. Denial of any remedy shall not be |
| |||||||
| |||||||
1 | based, in
whole or in part, on evidence that:
| ||||||
2 | (1) respondent has cause for any use of force, unless | ||||||
3 | that cause
satisfies the standards for justifiable use of | ||||||
4 | force provided by Article
7 of the Criminal Code of 2012;
| ||||||
5 | (2) respondent was voluntarily intoxicated;
| ||||||
6 | (3) petitioner acted in self-defense or defense of | ||||||
7 | another, provided
that, if petitioner utilized force, such | ||||||
8 | force was justifiable under
Article 7 of the Criminal Code | ||||||
9 | of 2012;
| ||||||
10 | (4) petitioner did not act in self-defense or defense | ||||||
11 | of another;
| ||||||
12 | (5) petitioner left the residence or household to | ||||||
13 | avoid further abuse
by respondent;
| ||||||
14 | (6) petitioner did not leave the residence or | ||||||
15 | household to avoid further
abuse by respondent; or
| ||||||
16 | (7) conduct by any family or household member excused | ||||||
17 | the abuse by
respondent, unless that same conduct would | ||||||
18 | have excused such abuse if the
parties had not been family | ||||||
19 | or household members.
| ||||||
20 | (Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22; | ||||||
21 | 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
| ||||||
22 | Section 15. The Illinois Domestic Violence Act of 1986 is | ||||||
23 | amended by changing Sections 214, 217, and 223 as follows:
| ||||||
24 | (750 ILCS 60/214) (from Ch. 40, par. 2312-14)
|
| |||||||
| |||||||
1 | Sec. 214. Order of protection; remedies.
| ||||||
2 | (a) Issuance of order. If the court finds that petitioner | ||||||
3 | has been
abused by a family or household member or that | ||||||
4 | petitioner is a high-risk
adult who has been abused, | ||||||
5 | neglected, or exploited, as defined in this Act,
an order of | ||||||
6 | protection prohibiting the abuse, neglect, or exploitation
| ||||||
7 | shall issue; provided that petitioner must also satisfy the | ||||||
8 | requirements of
one of the following Sections, as appropriate: | ||||||
9 | Section 217 on emergency
orders, Section 218 on interim | ||||||
10 | orders, or Section 219 on plenary orders.
Petitioner shall not | ||||||
11 | be denied an order of protection because petitioner or
| ||||||
12 | respondent is a minor. The court, when determining whether or | ||||||
13 | not to issue
an order of protection, shall not require | ||||||
14 | physical manifestations of abuse
on the person of the victim. | ||||||
15 | Modification and extension of prior
orders of protection shall | ||||||
16 | be in accordance with this Act. | ||||||
17 | (a-1) If the respondent to an order of protection issued | ||||||
18 | under subsection (a) is subject to paragraph (14.5) or (14.6) | ||||||
19 | of subsection (b), the order of protection shall also include | ||||||
20 | an order to surrender firearms. The order to surrender | ||||||
21 | firearms shall require the respondent to surrender any firearm | ||||||
22 | on the day the respondent is served with the order of | ||||||
23 | protection. Upon the respondent surrendering any firearm to | ||||||
24 | the appropriate law enforcement agency, the law enforcement | ||||||
25 | agency shall provide a statement of receipt of any firearm, | ||||||
26 | with a description of any firearm surrendered, to the |
| |||||||
| |||||||
1 | respondent and the court. This statement of receipt shall be | ||||||
2 | considered proof of compliance with an order to surrender | ||||||
3 | firearms and may be presented as proof at a hearing. | ||||||
4 | The failure to surrender any firearm within 24 hours to | ||||||
5 | the appropriate law enforcement agency under an order to | ||||||
6 | surrender firearms shall constitute contempt of court for the | ||||||
7 | violation of the terms of the order of protection. | ||||||
8 | Within 30 days of the effective date of this amendatory | ||||||
9 | Act of the 103rd General Assembly, the Supreme Court shall | ||||||
10 | adopt a form for an order to surrender firearms and update any | ||||||
11 | existing forms for an order of protection to reflect the | ||||||
12 | changes made by this amendatory Act of the 103rd General | ||||||
13 | Assembly. The form for an order to surrender firearms shall | ||||||
14 | also include forms for a declaration of surrender of firearms, | ||||||
15 | proof of surrender, declaration of nonsurrender, and order to | ||||||
16 | release firearms.
| ||||||
17 | (b) Remedies and standards. The remedies to be included in | ||||||
18 | an order of
protection shall be determined in accordance with | ||||||
19 | this Section and one of
the following Sections, as | ||||||
20 | appropriate: Section 217 on emergency orders,
Section 218 on | ||||||
21 | interim orders, and Section 219 on plenary orders. The
| ||||||
22 | remedies listed in this subsection shall be in addition to | ||||||
23 | other civil or
criminal remedies available to petitioner.
| ||||||
24 | (1) Prohibition of abuse, neglect, or exploitation. | ||||||
25 | Prohibit
respondent's harassment, interference with | ||||||
26 | personal liberty, intimidation
of a dependent, physical |
| |||||||
| |||||||
1 | abuse, or willful deprivation, neglect or
exploitation, as | ||||||
2 | defined in this Act, or stalking of the petitioner, as | ||||||
3 | defined
in Section 12-7.3 of the Criminal Code of 2012, if | ||||||
4 | such abuse, neglect,
exploitation, or stalking has | ||||||
5 | occurred or otherwise appears likely to occur if
not | ||||||
6 | prohibited.
| ||||||
7 | (2) Grant of exclusive possession of residence. | ||||||
8 | Prohibit respondent from
entering or remaining in any | ||||||
9 | residence, household, or premises of the petitioner,
| ||||||
10 | including one owned or leased by respondent, if petitioner | ||||||
11 | has a right to
occupancy thereof. The grant of exclusive | ||||||
12 | possession of the residence, household, or premises shall | ||||||
13 | not
affect title to real property, nor shall the court be | ||||||
14 | limited by the standard
set forth in subsection (c-2) of | ||||||
15 | Section 501 of the Illinois Marriage and Dissolution of | ||||||
16 | Marriage
Act.
| ||||||
17 | (A) Right to occupancy. A party has a right to | ||||||
18 | occupancy of a
residence or household if it is solely | ||||||
19 | or jointly owned or leased by that
party, that party's | ||||||
20 | spouse, a person with a legal duty to support that | ||||||
21 | party or
a minor child in that party's care, or by any | ||||||
22 | person or entity other than the
opposing party that | ||||||
23 | authorizes that party's occupancy (e.g., a domestic
| ||||||
24 | violence shelter). Standards set forth in subparagraph | ||||||
25 | (B) shall not preclude
equitable relief.
| ||||||
26 | (B) Presumption of hardships. If petitioner and |
| |||||||
| |||||||
1 | respondent
each has the right to occupancy of a | ||||||
2 | residence or household, the court
shall balance (i) | ||||||
3 | the hardships to respondent and any minor child or
| ||||||
4 | dependent adult in respondent's care resulting from | ||||||
5 | entry of this remedy with
(ii) the hardships to | ||||||
6 | petitioner and any minor child or dependent adult in
| ||||||
7 | petitioner's care resulting from continued exposure to | ||||||
8 | the risk of abuse
(should petitioner remain at the | ||||||
9 | residence or household) or from loss of
possession of | ||||||
10 | the residence or household (should petitioner leave to | ||||||
11 | avoid the
risk of abuse). When determining the balance | ||||||
12 | of hardships, the court shall
also take into account | ||||||
13 | the accessibility of the residence or household.
| ||||||
14 | Hardships need not be balanced if respondent does not | ||||||
15 | have a right to
occupancy.
| ||||||
16 | The balance of hardships is presumed to favor | ||||||
17 | possession by
petitioner unless the presumption is | ||||||
18 | rebutted by a preponderance of the
evidence, showing | ||||||
19 | that the hardships to respondent substantially | ||||||
20 | outweigh
the hardships to petitioner and any minor | ||||||
21 | child or dependent adult in
petitioner's care. The | ||||||
22 | court, on the request of petitioner or on its own
| ||||||
23 | motion, may order respondent to provide suitable, | ||||||
24 | accessible, alternate housing
for petitioner instead | ||||||
25 | of excluding respondent from a mutual residence or
| ||||||
26 | household.
|
| |||||||
| |||||||
1 | (3) Stay away order and additional prohibitions.
Order | ||||||
2 | respondent to stay away from petitioner or any other | ||||||
3 | person
protected by the order of protection, or prohibit | ||||||
4 | respondent from entering
or remaining present at | ||||||
5 | petitioner's school, place of employment, or other
| ||||||
6 | specified places at times when petitioner is present, or | ||||||
7 | both, if
reasonable, given the balance of hardships. | ||||||
8 | Hardships need not be balanced for
the court to enter a | ||||||
9 | stay away order or prohibit entry if respondent has no
| ||||||
10 | right to enter the premises.
| ||||||
11 | (A) If an order of protection grants petitioner | ||||||
12 | exclusive possession
of the residence, or prohibits | ||||||
13 | respondent from entering the residence,
or orders | ||||||
14 | respondent to stay away from petitioner or other
| ||||||
15 | protected persons, then the court may allow respondent | ||||||
16 | access to the
residence to remove items of clothing | ||||||
17 | and personal adornment
used exclusively by respondent, | ||||||
18 | medications, and other items as the court
directs. The | ||||||
19 | right to access shall be exercised on only one | ||||||
20 | occasion as the
court directs and in the presence of an | ||||||
21 | agreed-upon adult third party or law
enforcement | ||||||
22 | officer.
| ||||||
23 | (B) When the petitioner and the respondent attend | ||||||
24 | the same public, private, or non-public elementary, | ||||||
25 | middle, or high school, the court when issuing an | ||||||
26 | order of protection and providing relief shall |
| |||||||
| |||||||
1 | consider the severity of the act, any continuing | ||||||
2 | physical danger or emotional distress to the | ||||||
3 | petitioner, the educational rights guaranteed to the | ||||||
4 | petitioner and respondent under federal and State law, | ||||||
5 | the availability of a transfer of the respondent to | ||||||
6 | another school, a change of placement or a change of | ||||||
7 | program of the respondent, the expense, difficulty, | ||||||
8 | and educational disruption that would be caused by a | ||||||
9 | transfer of the respondent to another school, and any | ||||||
10 | other relevant facts of the case. The court may order | ||||||
11 | that the respondent not attend the public, private, or | ||||||
12 | non-public elementary, middle, or high school attended | ||||||
13 | by the petitioner, order that the respondent accept a | ||||||
14 | change of placement or change of program, as | ||||||
15 | determined by the school district or private or | ||||||
16 | non-public school, or place restrictions on the | ||||||
17 | respondent's movements within the school attended by | ||||||
18 | the petitioner.
The respondent bears the burden of | ||||||
19 | proving by a preponderance of the evidence that a | ||||||
20 | transfer, change of placement, or change of program of | ||||||
21 | the respondent is not available. The respondent also | ||||||
22 | bears the burden of production with respect to the | ||||||
23 | expense, difficulty, and educational disruption that | ||||||
24 | would be caused by a transfer of the respondent to | ||||||
25 | another school. A transfer, change of placement, or | ||||||
26 | change of program is not unavailable to the respondent |
| |||||||
| |||||||
1 | solely on the ground that the respondent does not | ||||||
2 | agree with the school district's or private or | ||||||
3 | non-public school's transfer, change of placement, or | ||||||
4 | change of program or solely on the ground that the | ||||||
5 | respondent fails or refuses to consent or otherwise | ||||||
6 | does not take an action required to effectuate a | ||||||
7 | transfer, change of placement, or change of program.
| ||||||
8 | When a court orders a respondent to stay away from the | ||||||
9 | public, private, or non-public school attended by the | ||||||
10 | petitioner and the respondent requests a transfer to | ||||||
11 | another attendance center within the respondent's | ||||||
12 | school district or private or non-public school, the | ||||||
13 | school district or private or non-public school shall | ||||||
14 | have sole discretion to determine the attendance | ||||||
15 | center to which the respondent is transferred.
In the | ||||||
16 | event the court order results in a transfer of the | ||||||
17 | minor respondent to another attendance center, a | ||||||
18 | change in the respondent's placement, or a change of | ||||||
19 | the respondent's program, the parents, guardian, or | ||||||
20 | legal custodian of the respondent is responsible for | ||||||
21 | transportation and other costs associated with the | ||||||
22 | transfer or change. | ||||||
23 | (C) The court may order the parents, guardian, or | ||||||
24 | legal custodian of a minor respondent to take certain | ||||||
25 | actions or to refrain from taking certain actions to | ||||||
26 | ensure that the respondent complies with the order. In |
| |||||||
| |||||||
1 | the event the court orders a transfer of the | ||||||
2 | respondent to another school, the parents, guardian, | ||||||
3 | or legal custodian of the respondent is responsible | ||||||
4 | for transportation and other costs associated with the | ||||||
5 | change of school by the respondent. | ||||||
6 | (4) Counseling. Require or recommend the respondent to | ||||||
7 | undergo
counseling for a specified duration with a social | ||||||
8 | worker, psychologist,
clinical psychologist, | ||||||
9 | psychiatrist, family service agency, alcohol or
substance | ||||||
10 | abuse program, mental health center guidance counselor, | ||||||
11 | agency
providing services to elders, program designed for | ||||||
12 | domestic violence
abusers or any other guidance service | ||||||
13 | the court deems appropriate. The Court may order the | ||||||
14 | respondent in any intimate partner relationship to report | ||||||
15 | to an Illinois Department of Human Services protocol | ||||||
16 | approved partner abuse intervention program for an | ||||||
17 | assessment and to follow all recommended treatment.
| ||||||
18 | (5) Physical care and possession of the minor child. | ||||||
19 | In order to protect
the minor child from abuse, neglect, | ||||||
20 | or unwarranted separation from the person
who has been the | ||||||
21 | minor child's primary caretaker, or to otherwise protect | ||||||
22 | the
well-being of the minor child, the court may do either | ||||||
23 | or both of the
following: (i) grant petitioner physical | ||||||
24 | care or possession of the minor child,
or both, or (ii) | ||||||
25 | order respondent to return a minor child to, or not remove | ||||||
26 | a
minor child from, the physical care of a parent or person |
| |||||||
| |||||||
1 | in loco parentis.
| ||||||
2 | If a court finds, after a hearing, that respondent has | ||||||
3 | committed abuse
(as defined in Section 103) of a minor | ||||||
4 | child, there shall be a
rebuttable presumption that | ||||||
5 | awarding physical care to respondent would not
be in the | ||||||
6 | minor child's best interest.
| ||||||
7 | (6) Temporary allocation of parental responsibilities: | ||||||
8 | significant decision-making. Award temporary | ||||||
9 | decision-making responsibility to petitioner
in accordance | ||||||
10 | with this Section, the Illinois Marriage and Dissolution | ||||||
11 | of
Marriage Act, the Illinois Parentage Act of 2015, and | ||||||
12 | this State's Uniform
Child-Custody Jurisdiction and | ||||||
13 | Enforcement Act.
| ||||||
14 | If a court finds, after a hearing, that respondent has | ||||||
15 | committed abuse (as
defined in Section 103) of a minor | ||||||
16 | child, there shall be a rebuttable
presumption that | ||||||
17 | awarding temporary significant decision-making | ||||||
18 | responsibility to respondent would not be in
the child's | ||||||
19 | best interest.
| ||||||
20 | (7) Parenting time. Determine the parenting time, if | ||||||
21 | any, of respondent in
any case in which the court awards | ||||||
22 | physical care or allocates temporary significant | ||||||
23 | decision-making responsibility of
a minor child to | ||||||
24 | petitioner. The court shall restrict or deny respondent's | ||||||
25 | parenting time
with a minor child if the court finds that | ||||||
26 | respondent has done or is
likely to do any of the |
| |||||||
| |||||||
1 | following: (i) abuse or endanger the minor child during | ||||||
2 | parenting time; (ii) use the parenting time as an | ||||||
3 | opportunity to abuse or harass
petitioner or petitioner's | ||||||
4 | family or household members; (iii) improperly
conceal or | ||||||
5 | detain the minor child; or (iv) otherwise act in a manner | ||||||
6 | that is
not in the best interests of the minor child. The | ||||||
7 | court shall not be limited
by the standards set forth in | ||||||
8 | Section 603.10 of the Illinois Marriage and
Dissolution of | ||||||
9 | Marriage Act. If the court grants parenting time, the | ||||||
10 | order shall
specify dates and times for the parenting time | ||||||
11 | to take place or other specific
parameters or conditions | ||||||
12 | that are appropriate. No order for parenting time shall
| ||||||
13 | refer merely to the term "reasonable parenting time".
| ||||||
14 | Petitioner may deny respondent access to the minor | ||||||
15 | child if, when
respondent arrives for parenting time, | ||||||
16 | respondent is under the influence of drugs
or alcohol and | ||||||
17 | constitutes a threat to the safety and well-being of
| ||||||
18 | petitioner or petitioner's minor children or is behaving | ||||||
19 | in a violent or
abusive manner.
| ||||||
20 | If necessary to protect any member of petitioner's | ||||||
21 | family or
household from future abuse, respondent shall be | ||||||
22 | prohibited from coming to
petitioner's residence to meet | ||||||
23 | the minor child for parenting time, and the
parties shall | ||||||
24 | submit to the court their recommendations for reasonable
| ||||||
25 | alternative arrangements for parenting time. A person may | ||||||
26 | be approved to
supervise parenting time only after filing |
| |||||||
| |||||||
1 | an affidavit accepting
that responsibility and | ||||||
2 | acknowledging accountability to the court.
| ||||||
3 | (8) Removal or concealment of minor child. Prohibit | ||||||
4 | respondent from
removing a minor child from the State or | ||||||
5 | concealing the child within the State.
| ||||||
6 | (9) Order to appear. Order the respondent to appear in | ||||||
7 | court, alone
or with a minor child, to prevent abuse, | ||||||
8 | neglect, removal or concealment of
the child, to return | ||||||
9 | the child to the custody or care of the petitioner or
to | ||||||
10 | permit any court-ordered interview or examination of the | ||||||
11 | child or the
respondent.
| ||||||
12 | (10) Possession of personal property. Grant petitioner | ||||||
13 | exclusive
possession of personal property and, if | ||||||
14 | respondent has possession or
control, direct respondent to | ||||||
15 | promptly make it available to petitioner, if:
| ||||||
16 | (i) petitioner, but not respondent, owns the | ||||||
17 | property; or
| ||||||
18 | (ii) the parties own the property jointly; sharing | ||||||
19 | it would risk
abuse of petitioner by respondent or is | ||||||
20 | impracticable; and the balance of
hardships favors | ||||||
21 | temporary possession by petitioner.
| ||||||
22 | If petitioner's sole claim to ownership of the | ||||||
23 | property is that it is
marital property, the court may | ||||||
24 | award petitioner temporary possession
thereof under the | ||||||
25 | standards of subparagraph (ii) of this paragraph only if
a | ||||||
26 | proper proceeding has been filed under the Illinois |
| |||||||
| |||||||
1 | Marriage and
Dissolution of Marriage Act, as now or | ||||||
2 | hereafter amended.
| ||||||
3 | No order under this provision shall affect title to | ||||||
4 | property.
| ||||||
5 | (11) Protection of property. Forbid the respondent | ||||||
6 | from taking,
transferring, encumbering, concealing, | ||||||
7 | damaging or otherwise disposing of
any real or personal | ||||||
8 | property, except as explicitly authorized by the
court, | ||||||
9 | if:
| ||||||
10 | (i) petitioner, but not respondent, owns the | ||||||
11 | property; or
| ||||||
12 | (ii) the parties own the property jointly,
and the | ||||||
13 | balance of hardships favors granting this remedy.
| ||||||
14 | If petitioner's sole claim to ownership of the | ||||||
15 | property is that it is
marital property, the court may | ||||||
16 | grant petitioner relief under subparagraph
(ii) of this | ||||||
17 | paragraph only if a proper proceeding has been filed under | ||||||
18 | the
Illinois Marriage and Dissolution of Marriage Act, as | ||||||
19 | now or hereafter amended.
| ||||||
20 | The court may further prohibit respondent from | ||||||
21 | improperly using the
financial or other resources of an | ||||||
22 | aged member of the family or household
for the profit or | ||||||
23 | advantage of respondent or of any other person.
| ||||||
24 | (11.5) Protection of animals. Grant the petitioner the | ||||||
25 | exclusive care, custody, or control of any animal owned, | ||||||
26 | possessed, leased, kept, or held by either the petitioner |
| |||||||
| |||||||
1 | or the respondent or a minor child residing in the | ||||||
2 | residence or household of either the petitioner or the | ||||||
3 | respondent and order the respondent to stay away from the | ||||||
4 | animal and forbid the respondent from taking, | ||||||
5 | transferring, encumbering, concealing, harming, or | ||||||
6 | otherwise disposing of the animal.
| ||||||
7 | (12) Order for payment of support. Order respondent to | ||||||
8 | pay temporary
support for the petitioner or any child in | ||||||
9 | the petitioner's care or over whom the petitioner has been | ||||||
10 | allocated parental responsibility, when the respondent has | ||||||
11 | a legal obligation to support that person,
in accordance | ||||||
12 | with the Illinois Marriage and Dissolution
of Marriage | ||||||
13 | Act, which shall govern, among other matters, the amount | ||||||
14 | of
support, payment through the clerk and withholding of | ||||||
15 | income to secure
payment. An order for child support may | ||||||
16 | be granted to a petitioner with
lawful physical care of a | ||||||
17 | child, or an order or agreement for
physical care of a | ||||||
18 | child, prior to entry of an order allocating significant | ||||||
19 | decision-making responsibility.
Such a support order shall | ||||||
20 | expire upon entry of a valid order allocating parental | ||||||
21 | responsibility differently and vacating the petitioner's | ||||||
22 | significant decision-making authority, unless otherwise | ||||||
23 | provided in the order.
| ||||||
24 | (13) Order for payment of losses. Order respondent to | ||||||
25 | pay petitioner for
losses suffered as a direct result of | ||||||
26 | the abuse, neglect, or exploitation.
Such losses shall |
| |||||||
| |||||||
1 | include, but not be limited to, medical expenses, lost
| ||||||
2 | earnings or other support, repair or replacement of | ||||||
3 | property damaged or taken,
reasonable attorney's fees, | ||||||
4 | court costs and moving or other travel expenses,
including | ||||||
5 | additional reasonable expenses for temporary shelter and | ||||||
6 | restaurant
meals.
| ||||||
7 | (i) Losses affecting family needs. If a party is | ||||||
8 | entitled to seek
maintenance, child support or | ||||||
9 | property distribution from the other party
under the | ||||||
10 | Illinois Marriage and Dissolution of Marriage Act, as | ||||||
11 | now or
hereafter amended, the court may order | ||||||
12 | respondent to reimburse petitioner's
actual losses, to | ||||||
13 | the extent that such reimbursement would be | ||||||
14 | "appropriate
temporary relief", as authorized by | ||||||
15 | subsection (a)(3) of Section 501 of
that Act.
| ||||||
16 | (ii) Recovery of expenses. In the case of an | ||||||
17 | improper concealment
or removal of a minor child, the | ||||||
18 | court may order respondent to pay the
reasonable | ||||||
19 | expenses incurred or to be incurred in the search for | ||||||
20 | and recovery
of the minor child, including but not | ||||||
21 | limited to legal fees, court costs,
private | ||||||
22 | investigator fees, and travel costs.
| ||||||
23 | (14) Prohibition of entry. Prohibit the respondent | ||||||
24 | from entering or
remaining in the residence or household | ||||||
25 | while the respondent is under the
influence of alcohol or | ||||||
26 | drugs and constitutes a threat to the safety and
|
| |||||||
| |||||||
1 | well-being of the petitioner or the petitioner's children.
| ||||||
2 | (14.5) Prohibition of firearm possession ; plenary | ||||||
3 | orders .
| ||||||
4 | (a) In the case of a granted plenary order, | ||||||
5 | prohibit Prohibit a respondent against whom an order | ||||||
6 | of protection was issued from possessing any firearms | ||||||
7 | during the duration of the order or 2 years, whichever | ||||||
8 | is longer, if the order: | ||||||
9 | (1) was issued after a hearing of which such | ||||||
10 | person received
actual notice, and at which such | ||||||
11 | person had an opportunity to
participate; | ||||||
12 | (2) restrains such person from harassing, | ||||||
13 | stalking, or
threatening an intimate partner of | ||||||
14 | such person or child of such
intimate partner or | ||||||
15 | person, or engaging in other conduct that
would | ||||||
16 | place an intimate partner in reasonable fear of | ||||||
17 | bodily
injury to the partner or child; and | ||||||
18 | (3)(i) includes a finding that such person | ||||||
19 | represents a
credible threat to the physical | ||||||
20 | safety of such intimate partner
or child; or
(ii) | ||||||
21 | by its terms explicitly prohibits the use, | ||||||
22 | attempted
use, or threatened use of physical force | ||||||
23 | against such intimate
partner or child that would | ||||||
24 | reasonably be expected to cause
bodily injury. | ||||||
25 | Any Firearm Owner's Identification Card in the
| ||||||
26 | possession of the respondent, except as provided in |
| |||||||
| |||||||
1 | subparagraph subsection (b), shall be revoked or | ||||||
2 | suspended consistent with Section 8.2 of the Firearm | ||||||
3 | Owners Identification Card Act, and the respondent | ||||||
4 | shall be ordered by the court to surrender the card and | ||||||
5 | any firearm in the respondent's possession consistent | ||||||
6 | with Sections 8.2, 8.3, and 9.5 of the Firearm Owners | ||||||
7 | Identification Card Act. If the card is suspended, the | ||||||
8 | be turned
over to the local law enforcement agency. | ||||||
9 | The local law enforcement agency shall immediately | ||||||
10 | mail the card to the Illinois State Police Firearm | ||||||
11 | Owner's Identification Card Office
for safekeeping. | ||||||
12 | The court shall
issue a warrant for seizure of any | ||||||
13 | firearm in the possession of the respondent, to be | ||||||
14 | kept by the local law enforcement agency for | ||||||
15 | safekeeping, except as provided in subsection (b).
The | ||||||
16 | period of surrender safekeeping shall be for the | ||||||
17 | duration of the order of protection. If the card is | ||||||
18 | revoked, the period of surrender shall be for the | ||||||
19 | duration of the order of protection or 2 years, | ||||||
20 | whichever is longer. The Illinois State Police shall | ||||||
21 | make notification to the local law enforcement with | ||||||
22 | jurisdiction of the suspension or revocation. The | ||||||
23 | firearm or firearms and Firearm Owner's Identification | ||||||
24 | Card, if unexpired, shall at the respondent's request, | ||||||
25 | be returned to the respondent at the end
of the order | ||||||
26 | of protection. It is the respondent's responsibility |
| |||||||
| |||||||
1 | to notify the Illinois State Police Firearm Owner's | ||||||
2 | Identification Card Office.
| ||||||
3 | (b) If the respondent is a peace officer as | ||||||
4 | defined in Section 2-13 of
the
Criminal Code of 2012, | ||||||
5 | the court shall order that any firearms used by the
| ||||||
6 | respondent in the performance of his or her duties as a
| ||||||
7 | peace officer be surrendered to
the chief law | ||||||
8 | enforcement executive of the agency in which the | ||||||
9 | respondent is
employed, who shall retain the firearms | ||||||
10 | for surrender safekeeping for the duration of the | ||||||
11 | order of protection or 2 years, whichever is longer .
| ||||||
12 | (c) Upon expiration of the period of surrender | ||||||
13 | safekeeping , if the firearms or Firearm Owner's | ||||||
14 | Identification Card cannot be returned to the | ||||||
15 | respondent because the respondent cannot be located, | ||||||
16 | fails to respond to requests to retrieve the firearms, | ||||||
17 | or is not lawfully eligible to possess a firearm, upon | ||||||
18 | petition from the local law enforcement agency, the | ||||||
19 | court may order the local law enforcement agency to | ||||||
20 | destroy the firearms, use the firearms for training | ||||||
21 | purposes, or for any other application as deemed | ||||||
22 | appropriate by the local law enforcement agency; or | ||||||
23 | that the firearms be turned over to a third party who | ||||||
24 | is lawfully eligible to possess firearms, and who does | ||||||
25 | not reside with the respondent. | ||||||
26 | (d) A respondent who has surrendered a firearm |
| |||||||
| |||||||
1 | under this paragraph shall not purchase a firearm for | ||||||
2 | the period of surrender. A respondent who has | ||||||
3 | surrendered a firearm under this paragraph shall not | ||||||
4 | possess or have access to any firearm regardless of | ||||||
5 | whether the firearm belongs to another person or if | ||||||
6 | the respondent is residing with another person who | ||||||
7 | owns a firearm and keeps the firearm at the residence. | ||||||
8 | (e) Upon expiration of the period of surrender, | ||||||
9 | any surrendered firearm may only be returned to a | ||||||
10 | respondent if a judicial officer has signed an order | ||||||
11 | to release firearms stating that the order of | ||||||
12 | protection is no longer in effect and the period of | ||||||
13 | surrender has expired. | ||||||
14 | (14.6) Prohibition of firearm possession; emergency | ||||||
15 | orders.
| ||||||
16 | (a) Any Firearm Owner's Identification Card in the | ||||||
17 | possession of the respondent, except as provided in | ||||||
18 | subparagraph (b), shall be suspended consistent with | ||||||
19 | Section 8.2 of the Firearm Owners Identification Card | ||||||
20 | Act, and the respondent shall be ordered by the court | ||||||
21 | to surrender the card and any firearm in the | ||||||
22 | respondent's possession consistent with Sections 8.3 | ||||||
23 | and 9.5 of the Firearm Owners Identification Card Act. | ||||||
24 | The period of surrender shall be for the duration of | ||||||
25 | the order of protection.
| ||||||
26 | (b) If the respondent is a peace officer as |
| |||||||
| |||||||
1 | defined in Section 2-13 of
the
Criminal Code of 2012, | ||||||
2 | the court shall order that any firearms used by the
| ||||||
3 | respondent in the performance of his or her duties as a
| ||||||
4 | peace officer be surrendered to
the chief law | ||||||
5 | enforcement executive of the agency in which the | ||||||
6 | respondent is
employed, who shall retain the firearms | ||||||
7 | for surrender for the duration of the order of | ||||||
8 | protection.
| ||||||
9 | (c) Upon expiration of the period of surrender, if | ||||||
10 | the firearms or Firearm Owner's Identification Card | ||||||
11 | cannot be returned to respondent because respondent | ||||||
12 | cannot be located, fails to respond to requests to | ||||||
13 | retrieve the firearms, or is not lawfully eligible to | ||||||
14 | possess a firearm, upon petition from the local law | ||||||
15 | enforcement agency, the court may order the local law | ||||||
16 | enforcement agency to destroy the firearms, use the | ||||||
17 | firearms for training purposes, or for any other | ||||||
18 | application as deemed appropriate by the local law | ||||||
19 | enforcement agency; or that the firearms be turned | ||||||
20 | over to a third party who is lawfully eligible to | ||||||
21 | possess firearms, and who does not reside with | ||||||
22 | respondent. | ||||||
23 | (d) A respondent who has surrendered a firearm | ||||||
24 | under this paragraph shall not purchase a firearm for | ||||||
25 | the period of surrender. A respondent who has | ||||||
26 | surrendered a firearm under this paragraph shall not |
| |||||||
| |||||||
1 | possess or have access to any firearm regardless of | ||||||
2 | whether the firearm belongs to another person or if | ||||||
3 | the respondent is residing with another person who | ||||||
4 | owns a firearm and keeps the firearm at the residence. | ||||||
5 | (e) Upon expiration of the period of surrender, | ||||||
6 | any surrendered firearm may only be returned to a | ||||||
7 | respondent if a judicial officer has signed an order | ||||||
8 | to release firearms stating that the order of | ||||||
9 | protection is no longer in effect and the period of | ||||||
10 | surrender has expired. | ||||||
11 | (15) Prohibition of access to records. If an order of | ||||||
12 | protection
prohibits respondent from having contact with | ||||||
13 | the minor child,
or if petitioner's address is omitted | ||||||
14 | under subsection (b) of
Section 203, or if necessary to | ||||||
15 | prevent abuse or wrongful removal or
concealment of a | ||||||
16 | minor child, the order shall deny respondent access to, | ||||||
17 | and
prohibit respondent from inspecting, obtaining, or | ||||||
18 | attempting to
inspect or obtain, school or any other | ||||||
19 | records of the minor child
who is in the care of | ||||||
20 | petitioner.
| ||||||
21 | (16) Order for payment of shelter services. Order | ||||||
22 | respondent to
reimburse a shelter providing temporary | ||||||
23 | housing and counseling services to
the petitioner for the | ||||||
24 | cost of the services, as certified by the shelter
and | ||||||
25 | deemed reasonable by the court.
| ||||||
26 | (17) Order for injunctive relief. Enter injunctive |
| |||||||
| |||||||
1 | relief necessary
or appropriate to prevent further abuse | ||||||
2 | of a family or household member
or further abuse, neglect, | ||||||
3 | or exploitation of a high-risk adult with
disabilities or | ||||||
4 | to effectuate one of the granted remedies, if supported by | ||||||
5 | the
balance of hardships. If the harm to be prevented by | ||||||
6 | the injunction is abuse
or any other harm that one of the | ||||||
7 | remedies listed in paragraphs (1) through
(16) of this | ||||||
8 | subsection is designed to prevent, no further evidence is
| ||||||
9 | necessary that the harm is an irreparable injury.
| ||||||
10 | (18) Telephone services. | ||||||
11 | (A) Unless a condition described in subparagraph | ||||||
12 | (B) of this paragraph exists, the court may, upon | ||||||
13 | request by the petitioner, order a wireless telephone | ||||||
14 | service provider to transfer to the petitioner the | ||||||
15 | right to continue to use a telephone number or numbers | ||||||
16 | indicated by the petitioner and the financial | ||||||
17 | responsibility associated with the number or numbers, | ||||||
18 | as set forth in subparagraph (C) of this paragraph. | ||||||
19 | For purposes of this paragraph (18), the term | ||||||
20 | "wireless telephone service provider" means a provider | ||||||
21 | of commercial mobile service as defined in 47 U.S.C. | ||||||
22 | 332. The petitioner may request the transfer of each | ||||||
23 | telephone number that the petitioner, or a minor child | ||||||
24 | in his or her custody, uses. The clerk of the court | ||||||
25 | shall serve the order on the wireless telephone | ||||||
26 | service provider's agent for service of process |
| |||||||
| |||||||
1 | provided to the Illinois Commerce Commission. The | ||||||
2 | order shall contain all of the following: | ||||||
3 | (i) The name and billing telephone number of | ||||||
4 | the account holder including the name of the | ||||||
5 | wireless telephone service provider that serves | ||||||
6 | the account. | ||||||
7 | (ii) Each telephone number that will be | ||||||
8 | transferred. | ||||||
9 | (iii) A statement that the provider transfers | ||||||
10 | to the petitioner all financial responsibility for | ||||||
11 | and right to the use of any telephone number | ||||||
12 | transferred under this paragraph. | ||||||
13 | (B) A wireless telephone service provider shall | ||||||
14 | terminate the respondent's use of, and shall transfer | ||||||
15 | to the petitioner use of, the telephone number or | ||||||
16 | numbers indicated in subparagraph (A) of this | ||||||
17 | paragraph unless it notifies the petitioner, within 72 | ||||||
18 | hours after it receives the order, that one of the | ||||||
19 | following applies: | ||||||
20 | (i) The account holder named in the order has | ||||||
21 | terminated the account. | ||||||
22 | (ii) A difference in network technology would | ||||||
23 | prevent or impair the functionality of a device on | ||||||
24 | a network if the transfer occurs. | ||||||
25 | (iii) The transfer would cause a geographic or | ||||||
26 | other limitation on network or service provision |
| |||||||
| |||||||
1 | to the petitioner. | ||||||
2 | (iv) Another technological or operational | ||||||
3 | issue would prevent or impair the use of the | ||||||
4 | telephone number if the transfer occurs. | ||||||
5 | (C) The petitioner assumes all financial | ||||||
6 | responsibility for and right to the use of any | ||||||
7 | telephone number transferred under this paragraph. In | ||||||
8 | this paragraph, "financial responsibility" includes | ||||||
9 | monthly service costs and costs associated with any | ||||||
10 | mobile device associated with the number. | ||||||
11 | (D) A wireless telephone service provider may | ||||||
12 | apply to the petitioner its routine and customary | ||||||
13 | requirements for establishing an account or | ||||||
14 | transferring a number, including requiring the | ||||||
15 | petitioner to provide proof of identification, | ||||||
16 | financial information, and customer preferences.
| ||||||
17 | (E) Except for willful or wanton misconduct, a | ||||||
18 | wireless telephone service provider is immune from | ||||||
19 | civil liability for its actions taken in compliance | ||||||
20 | with a court order issued under this paragraph. | ||||||
21 | (F) All wireless service providers that provide | ||||||
22 | services to residential customers shall provide to the | ||||||
23 | Illinois Commerce Commission the name and address of | ||||||
24 | an agent for service of orders entered under this | ||||||
25 | paragraph (18). Any change in status of the registered | ||||||
26 | agent must be reported to the Illinois Commerce |
| |||||||
| |||||||
1 | Commission within 30 days of such change. | ||||||
2 | (G) The Illinois Commerce Commission shall | ||||||
3 | maintain the list of registered agents for service for | ||||||
4 | each wireless telephone service provider on the | ||||||
5 | Commission's website. The Commission may consult with | ||||||
6 | wireless telephone service providers and the Circuit | ||||||
7 | Court Clerks on the manner in which this information | ||||||
8 | is provided and displayed. | ||||||
9 | (c) Relevant factors; findings.
| ||||||
10 | (1) In determining whether to grant a specific remedy, | ||||||
11 | other than
payment of support, the court shall consider
| ||||||
12 | relevant factors, including but not limited to the | ||||||
13 | following:
| ||||||
14 | (i) the nature, frequency, severity, pattern and | ||||||
15 | consequences of the
respondent's past abuse, neglect | ||||||
16 | or exploitation of the petitioner or
any family or | ||||||
17 | household member, including the concealment of his or | ||||||
18 | her
location in order to evade service of process or | ||||||
19 | notice, and the likelihood of
danger of future abuse, | ||||||
20 | neglect, or exploitation to petitioner or any member | ||||||
21 | of
petitioner's or respondent's family or household; | ||||||
22 | and
| ||||||
23 | (ii) the danger that any minor child will be | ||||||
24 | abused or neglected or
improperly relocated from the | ||||||
25 | jurisdiction, improperly concealed within the
State or | ||||||
26 | improperly separated from the child's primary |
| |||||||
| |||||||
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
| ||||||
9 | or 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) | ||||||
20 | of 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.
|
| |||||||
| |||||||
1 | (4) For purposes of issuing an ex parte emergency | ||||||
2 | order of protection,
the court, as an alternative to or as | ||||||
3 | a supplement to making the findings
described in | ||||||
4 | paragraphs (c)(3)(i) through (c)(3)(iii) of this | ||||||
5 | subsection, may
use the following procedure:
| ||||||
6 | When a verified petition for an emergency order of | ||||||
7 | protection in
accordance with the requirements of Sections | ||||||
8 | 203 and 217 is
presented to the court, the court shall | ||||||
9 | examine petitioner on oath or
affirmation. An emergency | ||||||
10 | order of protection shall be issued by the court
if it | ||||||
11 | 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 | ||||||
18 | marriage attach to a putative father until a father and
| ||||||
19 | child relationship has been established under the Illinois | ||||||
20 | Parentage Act of
1984, the Illinois Parentage Act of 2015, | ||||||
21 | the Illinois Public Aid Code, Section 12 of the Vital | ||||||
22 | Records Act, the
Juvenile Court Act of 1987, the Probate | ||||||
23 | Act of 1975, the Revised Uniform
Reciprocal Enforcement of | ||||||
24 | Support Act, the Uniform Interstate Family Support
Act, | ||||||
25 | the Expedited Child Support Act of 1990, any judicial, | ||||||
26 | administrative, or
other act of another state or |
| |||||||
| |||||||
1 | territory, any other Illinois statute, or by any
foreign | ||||||
2 | nation establishing the father and child relationship, any | ||||||
3 | other
proceeding substantially in conformity with the | ||||||
4 | Personal Responsibility and
Work Opportunity | ||||||
5 | Reconciliation Act of 1996 (Pub. L. 104-193), or where | ||||||
6 | both
parties appeared in open court or at an | ||||||
7 | administrative hearing acknowledging
under
oath or | ||||||
8 | admitting by affirmation the existence of a father and | ||||||
9 | child
relationship.
Absent such an adjudication, finding, | ||||||
10 | or acknowledgment, no putative
father shall be granted
| ||||||
11 | temporary allocation of parental responsibilities, | ||||||
12 | including parenting time with the minor child, or
physical | ||||||
13 | care and possession of the minor child, nor shall an order | ||||||
14 | of payment
for support of the minor child be entered.
| ||||||
15 | (d) Balance of hardships; findings. If the court finds | ||||||
16 | that the balance
of hardships does not support the granting of | ||||||
17 | a remedy governed by
paragraph (2), (3), (10), (11), or (16) of | ||||||
18 | subsection (b) of this Section,
which may require such | ||||||
19 | balancing, the court's findings shall so
indicate and shall | ||||||
20 | include a finding as to whether granting the remedy will
| ||||||
21 | result in hardship to respondent that would substantially | ||||||
22 | outweigh the hardship
to petitioner from denial of the remedy. | ||||||
23 | The findings shall be an official
record or in writing.
| ||||||
24 | (e) Denial of remedies. Denial of any remedy shall not be | ||||||
25 | based, in
whole or in part, on evidence that:
| ||||||
26 | (1) Respondent has cause for any use of force, unless |
| |||||||
| |||||||
1 | that cause
satisfies the standards for justifiable use of | ||||||
2 | force provided by Article
7 of the Criminal Code of 2012;
| ||||||
3 | (2) Respondent was voluntarily intoxicated;
| ||||||
4 | (3) Petitioner acted in self-defense or defense of | ||||||
5 | another, provided
that, if petitioner utilized force, such | ||||||
6 | force was justifiable under
Article 7 of the Criminal Code | ||||||
7 | of 2012;
| ||||||
8 | (4) Petitioner did not act in self-defense or defense | ||||||
9 | of another;
| ||||||
10 | (5) Petitioner left the residence or household to | ||||||
11 | avoid further abuse,
neglect, or exploitation by | ||||||
12 | respondent;
| ||||||
13 | (6) Petitioner did not leave the residence or | ||||||
14 | household to avoid further
abuse, neglect, or exploitation | ||||||
15 | by respondent;
| ||||||
16 | (7) Conduct by any family or household member excused | ||||||
17 | the abuse,
neglect, or exploitation by respondent, unless | ||||||
18 | that same conduct would have
excused such abuse, neglect, | ||||||
19 | or exploitation if the parties had not been
family or | ||||||
20 | household members.
| ||||||
21 | (Source: P.A. 102-538, eff. 8-20-21.)
| ||||||
22 | (750 ILCS 60/217) (from Ch. 40, par. 2312-17)
| ||||||
23 | Sec. 217. Emergency order of protection.
| ||||||
24 | (a) Prerequisites. An emergency order of protection shall | ||||||
25 | issue if
petitioner satisfies the requirements of this |
| |||||||
| |||||||
1 | subsection for one or more of the
requested remedies. For each | ||||||
2 | remedy requested, the petitioner shall establish
that:
| ||||||
3 | (1) The court has jurisdiction under Section 208;
| ||||||
4 | (2) The requirements of Section 214 are satisfied; and
| ||||||
5 | (3) There is good cause to grant the remedy, | ||||||
6 | regardless of prior service
of process or of notice upon | ||||||
7 | the respondent, because:
| ||||||
8 | (i) For
the remedies of "prohibition of abuse" | ||||||
9 | described in
Section 214(b)(1), "stay away order and | ||||||
10 | additional prohibitions" described in
Section
| ||||||
11 | 214(b)(3), "removal or concealment of minor child" | ||||||
12 | described in Section
214(b)(8), "order to appear" | ||||||
13 | described in Section 214(b)(9), "physical
care and | ||||||
14 | possession of the minor child" described in Section | ||||||
15 | 214(b)(14.6) 214(b)(5) ,
"protection of property" | ||||||
16 | described in Section 214(b)(11), "prohibition
of | ||||||
17 | entry" described in Section 214(b)(14), "prohibition | ||||||
18 | of firearm possession" described in Section | ||||||
19 | 214(b)(14.5), "prohibition of access to
records" | ||||||
20 | described in Section 214(b)(15), and "injunctive | ||||||
21 | relief"
described in Section 214(b)(16), the harm | ||||||
22 | which that remedy
is intended to prevent would be | ||||||
23 | likely to occur if the respondent were given
any prior | ||||||
24 | notice, or greater notice than was actually given, of | ||||||
25 | the
petitioner's efforts to obtain judicial relief;
| ||||||
26 | (ii) For the remedy of "grant of exclusive |
| |||||||
| |||||||
1 | possession of
residence" described in Section | ||||||
2 | 214(b)(2), the immediate danger of further
abuse of | ||||||
3 | the petitioner by the respondent,
if the petitioner | ||||||
4 | chooses or had chosen to remain in the residence or | ||||||
5 | household
while the respondent was given any prior | ||||||
6 | notice or greater notice than was
actually given of | ||||||
7 | the petitioner's efforts to obtain judicial relief,
| ||||||
8 | outweighs the hardships to the respondent of an | ||||||
9 | emergency order
granting the petitioner exclusive | ||||||
10 | possession of the residence or household.
This remedy | ||||||
11 | shall not be denied because the petitioner has or | ||||||
12 | could obtain
temporary shelter elsewhere while prior | ||||||
13 | notice is given to the respondent, unless
the
| ||||||
14 | hardships to respondent from exclusion from the home | ||||||
15 | substantially outweigh
those to the petitioner;
| ||||||
16 | (iii) For the remedy of "possession of personal | ||||||
17 | property"
described in
Section 214(b)(10), improper | ||||||
18 | disposition of the personal
property would be likely
| ||||||
19 | to occur if the respondent were given any prior | ||||||
20 | notice, or greater notice than
was actually given, of | ||||||
21 | the petitioner's efforts to obtain judicial relief, or | ||||||
22 | the
petitioner has an immediate and pressing need for | ||||||
23 | possession of that property.
| ||||||
24 | An emergency order may not include the counseling, legal | ||||||
25 | custody for the remedy of prohibiting a firearm possession | ||||||
26 | described in , payment
of support , or monetary compensation |
| |||||||
| |||||||
1 | remedies.
| ||||||
2 | (a-1) If the respondent to an emergency order of | ||||||
3 | protection issued under subsection (a) for the remedy of | ||||||
4 | prohibiting a firearm possession described in paragraph (14.5) | ||||||
5 | or (14.6) of subsection (b) of Section 214, the emergency | ||||||
6 | order of protection shall also include an order to surrender | ||||||
7 | firearms. The order to surrender firearms shall require the | ||||||
8 | respondent to surrender any firearm on the day the respondent | ||||||
9 | is served with the emergency order of protection. Upon the | ||||||
10 | respondent surrendering any firearm to the appropriate law | ||||||
11 | enforcement agency, the law enforcement agency shall provide a | ||||||
12 | statement of receipt of any firearm, with a description of any | ||||||
13 | firearm surrendered, to the respondent and the court. This | ||||||
14 | statement of receipt shall be considered proof of compliance | ||||||
15 | with an order to surrender firearms and may be presented as | ||||||
16 | proof at a hearing. | ||||||
17 | The failure to surrender any firearm within 24 hours to | ||||||
18 | the appropriate law enforcement agency under an order to | ||||||
19 | surrender firearms shall constitute contempt of court for the | ||||||
20 | violation of the terms of the order of protection. | ||||||
21 | Within 30 days of the effective date of this amendatory | ||||||
22 | Act of the 103rd General Assembly, the Supreme Court shall | ||||||
23 | adopt a form for an order to surrender firearms and update any | ||||||
24 | existing forms for an emergency order of protection to reflect | ||||||
25 | the changes made by this amendatory Act of the 103rd General | ||||||
26 | Assembly. The form for an order to surrender firearms shall |
| |||||||
| |||||||
1 | also include forms for a declaration of surrender of firearms, | ||||||
2 | proof of surrender, declaration of nonsurrender, and order to | ||||||
3 | release firearms. | ||||||
4 | (a-5) When a petition for an emergency order of protection | ||||||
5 | is granted, the order and file shall not be public and shall | ||||||
6 | only be accessible to the court, the petitioner, law | ||||||
7 | enforcement, a domestic violence advocate or counselor, the | ||||||
8 | counsel of record for either party, and the State's Attorney | ||||||
9 | for the county until the order is served on the respondent. | ||||||
10 | (b) Appearance by respondent.
If the respondent appears in | ||||||
11 | court for this hearing for an emergency order,
he or she may | ||||||
12 | elect to file a general appearance and testify.
Any resulting | ||||||
13 | order may be an emergency order, governed
by this Section.
| ||||||
14 | Notwithstanding the requirements of this Section, if all | ||||||
15 | requirements of
Section 218 have been met, the court may issue | ||||||
16 | a 30-day interim order.
| ||||||
17 | (c) Emergency orders: court holidays and evenings.
| ||||||
18 | (1) Prerequisites. When the court is unavailable at | ||||||
19 | the close of
business, the petitioner may file a petition | ||||||
20 | for a 21-day emergency order
before any available circuit | ||||||
21 | judge or associate judge who may grant relief
under this | ||||||
22 | Act. If the judge finds that there is an immediate and | ||||||
23 | present
danger of abuse to the petitioner and that the | ||||||
24 | petitioner has satisfied the
prerequisites set forth in | ||||||
25 | subsection (a) of Section 217, that judge may
issue an | ||||||
26 | emergency order of protection.
|
| |||||||
| |||||||
1 | (1.5) Issuance of order. The chief judge of the | ||||||
2 | circuit court
may designate for each county in the circuit | ||||||
3 | at least one judge to be
reasonably available to
issue | ||||||
4 | orally, by telephone, by facsimile, or otherwise, an | ||||||
5 | emergency
order of protection at all times, whether or not | ||||||
6 | the court is in session.
| ||||||
7 | (2) Certification and transfer. The judge who issued | ||||||
8 | the order under this Section shall promptly communicate or | ||||||
9 | convey the order to the sheriff to facilitate the entry of | ||||||
10 | the order into the Law Enforcement Agencies Data System by | ||||||
11 | the Illinois State Police pursuant to Section 302. Any | ||||||
12 | order issued under this Section and
any documentation in | ||||||
13 | support thereof shall be certified on the next court
day | ||||||
14 | to the appropriate court. The clerk of that court shall | ||||||
15 | immediately
assign a case number, file the petition, order | ||||||
16 | and other documents with the
court, and enter the order of | ||||||
17 | record and file it with the sheriff for
service, in | ||||||
18 | accordance with Section 222. Filing the petition
shall | ||||||
19 | commence proceedings for further relief under Section 202.
| ||||||
20 | Failure to comply with the requirements of this subsection | ||||||
21 | shall not
affect the validity of the order.
| ||||||
22 | (Source: P.A. 101-255, eff. 1-1-20; 102-538, eff. 8-20-21; | ||||||
23 | 102-831, eff. 5-13-22; revised 7-29-22.)
| ||||||
24 | (750 ILCS 60/223) (from Ch. 40, par. 2312-23)
| ||||||
25 | (Text of Section before amendment by P.A. 101-652 )
|
| |||||||
| |||||||
1 | Sec. 223. Enforcement of orders of protection.
| ||||||
2 | (a) When violation is crime. A violation of any order of | ||||||
3 | protection,
whether issued in a civil or criminal proceeding | ||||||
4 | or by a military tribunal, shall be enforced
by a
criminal | ||||||
5 | court when:
| ||||||
6 | (1) The respondent commits the crime of violation of | ||||||
7 | an order of
protection pursuant to Section 12-3.4 or 12-30 | ||||||
8 | of the Criminal Code of
1961 or the Criminal Code of 2012, | ||||||
9 | by
having knowingly violated:
| ||||||
10 | (i) remedies described in paragraphs (1), (2), | ||||||
11 | (3), (14),
or (14.5) of
subsection (b) of Section 214 | ||||||
12 | of this Act; or
| ||||||
13 | (ii) a remedy, which is substantially similar to | ||||||
14 | the remedies
authorized under paragraphs (1), (2), | ||||||
15 | (3), (14), and (14.5) of subsection (b)
of Section 214 | ||||||
16 | of this Act, in a valid order of protection which is | ||||||
17 | authorized
under the laws of another state, tribe, or | ||||||
18 | United States territory; or
| ||||||
19 | (iii) any other remedy when the act
constitutes a | ||||||
20 | crime against the protected parties as defined by the
| ||||||
21 | Criminal Code of 1961 or the Criminal Code of 2012.
| ||||||
22 | Prosecution for a violation of an order of
protection | ||||||
23 | shall not bar concurrent prosecution for any other crime,
| ||||||
24 | including any crime that may have been committed at the | ||||||
25 | time of the
violation of the order of protection; or
| ||||||
26 | (2) The respondent commits the crime of child |
| |||||||
| |||||||
1 | abduction pursuant
to Section 10-5 of the Criminal Code of | ||||||
2 | 1961 or the Criminal Code of 2012, by having knowingly | ||||||
3 | violated:
| ||||||
4 | (i) remedies described in paragraphs (5), (6) or | ||||||
5 | (8) of subsection
(b) of
Section 214 of this Act; or
| ||||||
6 | (ii) a remedy, which is substantially similar to | ||||||
7 | the remedies
authorized under paragraphs (5), (6), or | ||||||
8 | (8) of subsection (b) of Section 214
of this Act, in a | ||||||
9 | valid order of protection which is authorized under | ||||||
10 | the laws
of another state, tribe, or United States | ||||||
11 | territory.
| ||||||
12 | (b) When violation is contempt of court. A violation of | ||||||
13 | any valid
Illinois order of protection, whether issued in a | ||||||
14 | civil or criminal
proceeding or by a military tribunal, may be | ||||||
15 | enforced through civil or criminal contempt procedures,
as | ||||||
16 | appropriate, by any court with jurisdiction, regardless where | ||||||
17 | the act or
acts which violated the order of protection were | ||||||
18 | committed, to the extent
consistent with the venue provisions | ||||||
19 | of this Act. Nothing in this Act
shall preclude any Illinois | ||||||
20 | court from enforcing any valid order of
protection issued in | ||||||
21 | another state. Illinois courts may enforce orders of
| ||||||
22 | protection through both criminal prosecution and contempt | ||||||
23 | proceedings,
unless the action which is second in time is | ||||||
24 | barred by collateral estoppel
or the constitutional | ||||||
25 | prohibition against double jeopardy.
| ||||||
26 | (1) In a contempt proceeding where the petition for a |
| |||||||
| |||||||
1 | rule to show
cause sets forth facts evidencing an | ||||||
2 | immediate danger that the
respondent will flee the | ||||||
3 | jurisdiction, conceal a child, or inflict physical
abuse | ||||||
4 | on the petitioner or minor children or on dependent adults | ||||||
5 | in
petitioner's care, the court may order the
attachment | ||||||
6 | of the respondent without prior service of the rule to | ||||||
7 | show
cause or the petition for a rule to show cause. Bond | ||||||
8 | shall be set unless
specifically denied in writing.
| ||||||
9 | (2) A petition for a rule to show cause for violation | ||||||
10 | of an order of
protection shall be treated as an expedited | ||||||
11 | proceeding.
| ||||||
12 | (b-1) The court shall not hold a school district or | ||||||
13 | private or non-public school or any of its employees in civil | ||||||
14 | or criminal contempt unless the school district or private or | ||||||
15 | non-public school has been allowed to intervene. | ||||||
16 | (b-2) The court may hold the parents, guardian, or legal | ||||||
17 | custodian of a minor respondent in civil or criminal contempt | ||||||
18 | for a violation of any provision of any order entered under | ||||||
19 | this Act for conduct of the minor respondent in violation of | ||||||
20 | this Act if the
parents, guardian, or legal custodian | ||||||
21 | directed, encouraged, or assisted the respondent minor in such | ||||||
22 | conduct. | ||||||
23 | (c) Violation of custody or support orders or temporary or | ||||||
24 | final judgments allocating parental responsibilities. A | ||||||
25 | violation of remedies
described in paragraphs (5), (6), (8), | ||||||
26 | or (9) of subsection (b) of Section
214 of this Act may be |
| |||||||
| |||||||
1 | enforced by any remedy provided by Section 607.5 of
the | ||||||
2 | Illinois Marriage and Dissolution of Marriage Act. The court | ||||||
3 | may
enforce any order for support issued under paragraph (12) | ||||||
4 | of subsection (b)
of Section 214 in the manner provided for | ||||||
5 | under Parts V and VII of the
Illinois Marriage and Dissolution | ||||||
6 | of Marriage Act.
| ||||||
7 | (d) Actual knowledge. An order of protection may be | ||||||
8 | enforced pursuant to
this Section if the respondent violates | ||||||
9 | the order after the
respondent has
actual knowledge of its | ||||||
10 | contents as shown through one of the following means:
| ||||||
11 | (1) By service, delivery, or notice under Section 210.
| ||||||
12 | (2) By notice under Section 210.1 or 211.
| ||||||
13 | (3) By service of an order of protection under Section | ||||||
14 | 222.
| ||||||
15 | (4) By other means demonstrating actual knowledge of | ||||||
16 | the contents of the
order.
| ||||||
17 | (e) The enforcement of an order of protection in civil or | ||||||
18 | criminal court
shall not be affected by either of the | ||||||
19 | following:
| ||||||
20 | (1) The existence of a separate, correlative order, | ||||||
21 | entered under Section
215.
| ||||||
22 | (2) Any finding or order entered in a conjoined | ||||||
23 | criminal proceeding.
| ||||||
24 | (f) Circumstances. The court, when determining whether or | ||||||
25 | not a
violation of an order of protection has occurred, shall | ||||||
26 | not require
physical manifestations of abuse on the person of |
| |||||||
| |||||||
1 | the victim.
| ||||||
2 | (g) Penalties.
| ||||||
3 | (1) Except as provided in paragraph (3) of this
| ||||||
4 | subsection, where the court finds the commission of a | ||||||
5 | crime or contempt of
court under subsections (a) or (b) of | ||||||
6 | this Section, the penalty shall be
the penalty that | ||||||
7 | generally applies in such criminal or contempt
| ||||||
8 | proceedings, and may include one or more of the following: | ||||||
9 | incarceration,
payment of restitution, a fine, payment of | ||||||
10 | attorneys' fees and costs, or
community service.
| ||||||
11 | (2) The court shall hear and take into account | ||||||
12 | evidence of any factors
in aggravation or mitigation | ||||||
13 | before deciding an appropriate penalty under
paragraph (1) | ||||||
14 | of this subsection.
| ||||||
15 | (3) To the extent permitted by law, the court is | ||||||
16 | encouraged to:
| ||||||
17 | (i) increase the penalty for the knowing violation | ||||||
18 | of
any order of protection over any penalty previously | ||||||
19 | imposed by any court
for respondent's violation of any | ||||||
20 | order of protection or penal statute
involving | ||||||
21 | petitioner as victim and respondent as defendant;
| ||||||
22 | (ii) impose a minimum penalty of 24 hours | ||||||
23 | imprisonment for respondent's
first violation of any | ||||||
24 | order of protection; and
| ||||||
25 | (iii) impose a minimum penalty of 48 hours | ||||||
26 | imprisonment for
respondent's second or subsequent |
| |||||||
| |||||||
1 | violation of an order of protection
| ||||||
2 | unless the court explicitly finds that an increased | ||||||
3 | penalty or that
period of imprisonment would be manifestly | ||||||
4 | unjust.
| ||||||
5 | (4) In addition to any other penalties imposed for a | ||||||
6 | violation of an
order of protection, a criminal court may | ||||||
7 | consider evidence of any
violations of an order of | ||||||
8 | protection:
| ||||||
9 | (i) to increase, revoke or modify the bail bond on | ||||||
10 | an underlying
criminal charge pursuant to Section | ||||||
11 | 110-6 of the Code of Criminal Procedure
of 1963;
| ||||||
12 | (ii) to revoke or modify an order of probation, | ||||||
13 | conditional discharge or
supervision, pursuant to | ||||||
14 | Section 5-6-4 of the Unified Code of Corrections;
| ||||||
15 | (iii) to revoke or modify a sentence of periodic | ||||||
16 | imprisonment,
pursuant to Section 5-7-2 of the Unified | ||||||
17 | Code of Corrections.
| ||||||
18 | (5) In addition to any other penalties, the court | ||||||
19 | shall impose an
additional fine of $20 as authorized by | ||||||
20 | Section 5-9-1.11 of the Unified Code of
Corrections upon | ||||||
21 | any person convicted of or placed on supervision for a
| ||||||
22 | violation of an order of protection.
The additional fine | ||||||
23 | shall be imposed for each violation of this Section.
| ||||||
24 | (Source: P.A. 102-890, eff. 5-19-22.)
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25 | (Text of Section after amendment by P.A. 101-652 ) |
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1 | Sec. 223. Enforcement of orders of protection.
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2 | (a) When violation is crime. A violation of any order of | ||||||
3 | protection,
whether issued in a civil or criminal proceeding | ||||||
4 | or by a military tribunal, shall be enforced
by a
criminal | ||||||
5 | court when:
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6 | (1) The respondent commits the crime of violation of | ||||||
7 | an order of
protection pursuant to Section 12-3.4 or 12-30 | ||||||
8 | of the Criminal Code of
1961 or the Criminal Code of 2012, | ||||||
9 | by
having knowingly violated:
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10 | (i) remedies described in paragraphs (1), (2), | ||||||
11 | (3), (14),
or (14.5) , or (14.6) of
subsection (b) of | ||||||
12 | Section 214 of this Act; or
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13 | (ii) a remedy, which is substantially similar to | ||||||
14 | the remedies
authorized under paragraphs (1), (2), | ||||||
15 | (3), (14), and (14.5) , and (14.6) of subsection (b)
of | ||||||
16 | Section 214 of this Act, in a valid order of protection | ||||||
17 | which is authorized
under the laws of another state, | ||||||
18 | tribe, or United States territory; or
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19 | (iii) any other remedy when the act
constitutes a | ||||||
20 | crime against the protected parties as defined by the
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21 | Criminal Code of 1961 or the Criminal Code of 2012.
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22 | Prosecution for a violation of an order of
protection | ||||||
23 | shall not bar concurrent prosecution for any other crime,
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24 | including any crime that may have been committed at the | ||||||
25 | time of the
violation of the order of protection; or
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26 | (2) The respondent commits the crime of child |
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1 | abduction pursuant
to Section 10-5 of the Criminal Code of | ||||||
2 | 1961 or the Criminal Code of 2012, by having knowingly | ||||||
3 | violated:
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4 | (i) remedies described in paragraphs (5), (6) or | ||||||
5 | (8) of subsection
(b) of
Section 214 of this Act; or
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6 | (ii) a remedy, which is substantially similar to | ||||||
7 | the remedies
authorized under paragraphs (5), (6), or | ||||||
8 | (8) of subsection (b) of Section 214
of this Act, in a | ||||||
9 | valid order of protection which is authorized under | ||||||
10 | the laws
of another state, tribe, or United States | ||||||
11 | territory.
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12 | (b) When violation is contempt of court. A violation of | ||||||
13 | any valid
Illinois order of protection, whether issued in a | ||||||
14 | civil or criminal
proceeding or by a military tribunal, may be | ||||||
15 | enforced through civil or criminal contempt procedures,
as | ||||||
16 | appropriate, by any court with jurisdiction, regardless where | ||||||
17 | the act or
acts which violated the order of protection were | ||||||
18 | committed, to the extent
consistent with the venue provisions | ||||||
19 | of this Act. Nothing in this Act
shall preclude any Illinois | ||||||
20 | court from enforcing any valid order of
protection issued in | ||||||
21 | another state. Illinois courts may enforce orders of
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22 | protection through both criminal prosecution and contempt | ||||||
23 | proceedings,
unless the action which is second in time is | ||||||
24 | barred by collateral estoppel
or the constitutional | ||||||
25 | prohibition against double jeopardy.
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26 | (1) In a contempt proceeding where the petition for a |
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1 | rule to show
cause sets forth facts evidencing an | ||||||
2 | immediate danger that the
respondent will flee the | ||||||
3 | jurisdiction, conceal a child, or inflict physical
abuse | ||||||
4 | on the petitioner or minor children or on dependent adults | ||||||
5 | in
petitioner's care, the court may order the
attachment | ||||||
6 | of the respondent without prior service of the rule to | ||||||
7 | show
cause or the petition for a rule to show cause. | ||||||
8 | Conditions of release shall be set unless
specifically | ||||||
9 | denied in writing.
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10 | (2) A petition for a rule to show cause for violation | ||||||
11 | of an order of
protection shall be treated as an expedited | ||||||
12 | proceeding.
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13 | (b-1) The court shall not hold a school district or | ||||||
14 | private or non-public school or any of its employees in civil | ||||||
15 | or criminal contempt unless the school district or private or | ||||||
16 | non-public school has been allowed to intervene. | ||||||
17 | (b-2) The court may hold the parents, guardian, or legal | ||||||
18 | custodian of a minor respondent in civil or criminal contempt | ||||||
19 | for a violation of any provision of any order entered under | ||||||
20 | this Act for conduct of the minor respondent in violation of | ||||||
21 | this Act if the
parents, guardian, or legal custodian | ||||||
22 | directed, encouraged, or assisted the respondent minor in such | ||||||
23 | conduct. | ||||||
24 | (c) Violation of custody or support orders or temporary or | ||||||
25 | final judgments allocating parental responsibilities. A | ||||||
26 | violation of remedies
described in paragraphs (5), (6), (8), |
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1 | or (9) of subsection (b) of Section
214 of this Act may be | ||||||
2 | enforced by any remedy provided by Section 607.5 of
the | ||||||
3 | Illinois Marriage and Dissolution of Marriage Act. The court | ||||||
4 | may
enforce any order for support issued under paragraph (12) | ||||||
5 | of subsection (b)
of Section 214 in the manner provided for | ||||||
6 | under Parts V and VII of the
Illinois Marriage and Dissolution | ||||||
7 | of Marriage Act.
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8 | (d) Actual knowledge. An order of protection may be | ||||||
9 | enforced pursuant to
this Section if the respondent violates | ||||||
10 | the order after the
respondent has
actual knowledge of its | ||||||
11 | contents as shown through one of the following means:
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12 | (1) By service, delivery, or notice under Section 210.
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13 | (2) By notice under Section 210.1 or 211.
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14 | (3) By service of an order of protection under Section | ||||||
15 | 222.
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16 | (4) By other means demonstrating actual knowledge of | ||||||
17 | the contents of the
order.
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18 | (e) The enforcement of an order of protection in civil or | ||||||
19 | criminal court
shall not be affected by either of the | ||||||
20 | following:
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21 | (1) The existence of a separate, correlative order, | ||||||
22 | entered under Section
215.
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23 | (2) Any finding or order entered in a conjoined | ||||||
24 | criminal proceeding.
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25 | (f) Circumstances. The court, when determining whether or | ||||||
26 | not a
violation of an order of protection has occurred, shall |
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1 | not require
physical manifestations of abuse on the person of | ||||||
2 | the victim.
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3 | (g) Penalties.
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4 | (1) Except as provided in paragraph (3) of this
| ||||||
5 | subsection, where the court finds the commission of a | ||||||
6 | crime or contempt of
court under subsections (a) or (b) of | ||||||
7 | this Section, the penalty shall be
the penalty that | ||||||
8 | generally applies in such criminal or contempt
| ||||||
9 | proceedings, and may include one or more of the following: | ||||||
10 | incarceration,
payment of restitution, a fine, payment of | ||||||
11 | attorneys' fees and costs, or
community service.
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12 | (2) The court shall hear and take into account | ||||||
13 | evidence of any factors
in aggravation or mitigation | ||||||
14 | before deciding an appropriate penalty under
paragraph (1) | ||||||
15 | of this subsection.
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16 | (3) To the extent permitted by law, the court is | ||||||
17 | encouraged to:
| ||||||
18 | (i) increase the penalty for the knowing violation | ||||||
19 | of
any order of protection over any penalty previously | ||||||
20 | imposed by any court
for respondent's violation of any | ||||||
21 | order of protection or penal statute
involving | ||||||
22 | petitioner as victim and respondent as defendant;
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23 | (ii) impose a minimum penalty of 24 hours | ||||||
24 | imprisonment for respondent's
first violation of any | ||||||
25 | order of protection; and
| ||||||
26 | (iii) impose a minimum penalty of 48 hours |
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| |||||||
1 | imprisonment for
respondent's second or subsequent | ||||||
2 | violation of an order of protection
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3 | unless the court explicitly finds that an increased | ||||||
4 | penalty or that
period of imprisonment would be manifestly | ||||||
5 | unjust.
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6 | (4) In addition to any other penalties imposed for a | ||||||
7 | violation of an
order of protection, a criminal court may | ||||||
8 | consider evidence of any
violations of an order of | ||||||
9 | protection:
| ||||||
10 | (i) to increase, revoke or modify the conditions | ||||||
11 | of pretrial release on an underlying
criminal charge | ||||||
12 | pursuant to Section 110-6 of the Code of Criminal | ||||||
13 | Procedure
of 1963;
| ||||||
14 | (ii) to revoke or modify an order of probation, | ||||||
15 | conditional discharge or
supervision, pursuant to | ||||||
16 | Section 5-6-4 of the Unified Code of Corrections;
| ||||||
17 | (iii) to revoke or modify a sentence of periodic | ||||||
18 | imprisonment,
pursuant to Section 5-7-2 of the Unified | ||||||
19 | Code of Corrections.
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20 | (5) In addition to any other penalties, the court | ||||||
21 | shall impose an
additional fine of $20 as authorized by | ||||||
22 | Section 5-9-1.11 of the Unified Code of
Corrections upon | ||||||
23 | any person convicted of or placed on supervision for a
| ||||||
24 | violation of an order of protection.
The additional fine | ||||||
25 | shall be imposed for each violation of this Section.
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26 | (Source: P.A. 101-652, eff. 1-1-23; 102-890, eff. 5-19-22.)
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