103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3099 Introduced , by Rep. Diane Blair-Sherlock SYNOPSIS AS INTRODUCED: 725 ILCS 5/112A-14 from Ch. 38, par. 112A-14 750 ILCS 60/214 from Ch. 40, par. 2312-14 Amends the Code of Criminal Procedure of 1963 and the Illinois Domestic Violence Act of 1986. Provides that if a respondent to an order of protection is required to turn over the respondent's Firearm Owner's Identification Card or firearms to a local law enforcement agency, then: (1) a local law enforcement agency shall give written notice to the respondent of the respondent's obligations regarding any Firearm Owner's Identification Card or firearms in the respondent's possession; (2) a local law enforcement agency has an affirmative duty to inquire with a respondent as to the obligations of the respondent to tender the respondent's Firearm Owner's Identification Card and firearms under the order of protection; and (3) a respondent who refuses to tender the respondent's Firearm Owner's Identification Card and firearms after a local law enforcement agency has given the respondent written notice is guilty of a Class A misdemeanor. LRB103 29433 LNS 55824 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3099 Introduced , by Rep. Diane Blair-Sherlock SYNOPSIS AS INTRODUCED: 725 ILCS 5/112A-14 from Ch. 38, par. 112A-14 750 ILCS 60/214 from Ch. 40, par. 2312-14 725 ILCS 5/112A-14 from Ch. 38, par. 112A-14 750 ILCS 60/214 from Ch. 40, par. 2312-14 Amends the Code of Criminal Procedure of 1963 and the Illinois Domestic Violence Act of 1986. Provides that if a respondent to an order of protection is required to turn over the respondent's Firearm Owner's Identification Card or firearms to a local law enforcement agency, then: (1) a local law enforcement agency shall give written notice to the respondent of the respondent's obligations regarding any Firearm Owner's Identification Card or firearms in the respondent's possession; (2) a local law enforcement agency has an affirmative duty to inquire with a respondent as to the obligations of the respondent to tender the respondent's Firearm Owner's Identification Card and firearms under the order of protection; and (3) a respondent who refuses to tender the respondent's Firearm Owner's Identification Card and firearms after a local law enforcement agency has given the respondent written notice is guilty of a Class A misdemeanor. LRB103 29433 LNS 55824 b LRB103 29433 LNS 55824 b A BILL FOR
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3099 Introduced , by Rep. Diane Blair-Sherlock SYNOPSIS AS INTRODUCED:
725 ILCS 5/112A-14 from Ch. 38, par. 112A-14 750 ILCS 60/214 from Ch. 40, par. 2312-14 725 ILCS 5/112A-14 from Ch. 38, par. 112A-14 750 ILCS 60/214 from Ch. 40, par. 2312-14
725 ILCS 5/112A-14 from Ch. 38, par. 112A-14
750 ILCS 60/214 from Ch. 40, par. 2312-14
Amends the Code of Criminal Procedure of 1963 and the Illinois Domestic Violence Act of 1986. Provides that if a respondent to an order of protection is required to turn over the respondent's Firearm Owner's Identification Card or firearms to a local law enforcement agency, then: (1) a local law enforcement agency shall give written notice to the respondent of the respondent's obligations regarding any Firearm Owner's Identification Card or firearms in the respondent's possession; (2) a local law enforcement agency has an affirmative duty to inquire with a respondent as to the obligations of the respondent to tender the respondent's Firearm Owner's Identification Card and firearms under the order of protection; and (3) a respondent who refuses to tender the respondent's Firearm Owner's Identification Card and firearms after a local law enforcement agency has given the respondent written notice is guilty of a Class A misdemeanor.
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A BILL FOR
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1 AN ACT concerning domestic violence.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Code of Criminal Procedure of 1963 is
5 amended by changing Section 112A-14 as follows:
6 (725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14)
7 Sec. 112A-14. Domestic violence order of protection;
8 remedies.
9 (a) (Blank).
10 (b) The court may order any of the remedies listed in this
11 subsection (b). The remedies listed in this subsection (b)
12 shall be in addition to other civil or criminal remedies
13 available to petitioner.
14 (1) Prohibition of abuse. Prohibit respondent's
15 harassment, interference with personal liberty,
16 intimidation of a dependent, physical abuse, or willful
17 deprivation, as defined in this Article, if such abuse has
18 occurred or otherwise appears likely to occur if not
19 prohibited.
20 (2) Grant of exclusive possession of residence.
21 Prohibit respondent from entering or remaining in any
22 residence, household, or premises of the petitioner,
23 including one owned or leased by respondent, if petitioner
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3099 Introduced , by Rep. Diane Blair-Sherlock SYNOPSIS AS INTRODUCED:
725 ILCS 5/112A-14 from Ch. 38, par. 112A-14 750 ILCS 60/214 from Ch. 40, par. 2312-14 725 ILCS 5/112A-14 from Ch. 38, par. 112A-14 750 ILCS 60/214 from Ch. 40, par. 2312-14
725 ILCS 5/112A-14 from Ch. 38, par. 112A-14
750 ILCS 60/214 from Ch. 40, par. 2312-14
Amends the Code of Criminal Procedure of 1963 and the Illinois Domestic Violence Act of 1986. Provides that if a respondent to an order of protection is required to turn over the respondent's Firearm Owner's Identification Card or firearms to a local law enforcement agency, then: (1) a local law enforcement agency shall give written notice to the respondent of the respondent's obligations regarding any Firearm Owner's Identification Card or firearms in the respondent's possession; (2) a local law enforcement agency has an affirmative duty to inquire with a respondent as to the obligations of the respondent to tender the respondent's Firearm Owner's Identification Card and firearms under the order of protection; and (3) a respondent who refuses to tender the respondent's Firearm Owner's Identification Card and firearms after a local law enforcement agency has given the respondent written notice is guilty of a Class A misdemeanor.
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A BILL FOR
725 ILCS 5/112A-14 from Ch. 38, par. 112A-14
750 ILCS 60/214 from Ch. 40, par. 2312-14
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1 has a right to occupancy thereof. The grant of exclusive
2 possession of the residence, household, or premises shall
3 not affect title to real property, nor shall the court be
4 limited by the standard set forth in subsection (c-2) of
5 Section 501 of the Illinois Marriage and Dissolution of
6 Marriage Act.
7 (A) Right to occupancy. A party has a right to
8 occupancy of a residence or household if it is solely
9 or jointly owned or leased by that party, that party's
10 spouse, a person with a legal duty to support that
11 party or a minor child in that party's care, or by any
12 person or entity other than the opposing party that
13 authorizes that party's occupancy (e.g., a domestic
14 violence shelter). Standards set forth in subparagraph
15 (B) shall not preclude equitable relief.
16 (B) Presumption of hardships. If petitioner and
17 respondent each has the right to occupancy of a
18 residence or household, the court shall balance (i)
19 the hardships to respondent and any minor child or
20 dependent adult in respondent's care resulting from
21 entry of this remedy with (ii) the hardships to
22 petitioner and any minor child or dependent adult in
23 petitioner's care resulting from continued exposure to
24 the risk of abuse (should petitioner remain at the
25 residence or household) or from loss of possession of
26 the residence or household (should petitioner leave to
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1 avoid the risk of abuse). When determining the balance
2 of hardships, the court shall also take into account
3 the accessibility of the residence or household.
4 Hardships need not be balanced if respondent does not
5 have a right to occupancy.
6 The balance of hardships is presumed to favor
7 possession by petitioner unless the presumption is
8 rebutted by a preponderance of the evidence, showing
9 that the hardships to respondent substantially
10 outweigh the hardships to petitioner and any minor
11 child or dependent adult in petitioner's care. The
12 court, on the request of petitioner or on its own
13 motion, may order respondent to provide suitable,
14 accessible, alternate housing for petitioner instead
15 of excluding respondent from a mutual residence or
16 household.
17 (3) Stay away order and additional prohibitions. Order
18 respondent to stay away from petitioner or any other
19 person protected by the domestic violence order of
20 protection, or prohibit respondent from entering or
21 remaining present at petitioner's school, place of
22 employment, or other specified places at times when
23 petitioner is present, or both, if reasonable, given the
24 balance of hardships. Hardships need not be balanced for
25 the court to enter a stay away order or prohibit entry if
26 respondent has no right to enter the premises.
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1 (A) If a domestic violence order of protection
2 grants petitioner exclusive possession of the
3 residence, prohibits respondent from entering the
4 residence, or orders respondent to stay away from
5 petitioner or other protected persons, then the court
6 may allow respondent access to the residence to remove
7 items of clothing and personal adornment used
8 exclusively by respondent, medications, and other
9 items as the court directs. The right to access shall
10 be exercised on only one occasion as the court directs
11 and in the presence of an agreed-upon adult third
12 party or law enforcement officer.
13 (B) When the petitioner and the respondent attend
14 the same public, private, or non-public elementary,
15 middle, or high school, the court when issuing a
16 domestic violence order of protection and providing
17 relief shall consider the severity of the act, any
18 continuing physical danger or emotional distress to
19 the petitioner, the educational rights guaranteed to
20 the petitioner and respondent under federal and State
21 law, the availability of a transfer of the respondent
22 to another school, a change of placement or a change of
23 program of the respondent, the expense, difficulty,
24 and educational disruption that would be caused by a
25 transfer of the respondent to another school, and any
26 other relevant facts of the case. The court may order
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1 that the respondent not attend the public, private, or
2 non-public elementary, middle, or high school attended
3 by the petitioner, order that the respondent accept a
4 change of placement or change of program, as
5 determined by the school district or private or
6 non-public school, or place restrictions on the
7 respondent's movements within the school attended by
8 the petitioner. The respondent bears the burden of
9 proving by a preponderance of the evidence that a
10 transfer, change of placement, or change of program of
11 the respondent is not available. The respondent also
12 bears the burden of production with respect to the
13 expense, difficulty, and educational disruption that
14 would be caused by a transfer of the respondent to
15 another school. A transfer, change of placement, or
16 change of program is not unavailable to the respondent
17 solely on the ground that the respondent does not
18 agree with the school district's or private or
19 non-public school's transfer, change of placement, or
20 change of program or solely on the ground that the
21 respondent fails or refuses to consent or otherwise
22 does not take an action required to effectuate a
23 transfer, change of placement, or change of program.
24 When a court orders a respondent to stay away from the
25 public, private, or non-public school attended by the
26 petitioner and the respondent requests a transfer to
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1 another attendance center within the respondent's
2 school district or private or non-public school, the
3 school district or private or non-public school shall
4 have sole discretion to determine the attendance
5 center to which the respondent is transferred. If the
6 court order results in a transfer of the minor
7 respondent to another attendance center, a change in
8 the respondent's placement, or a change of the
9 respondent's program, the parents, guardian, or legal
10 custodian of the respondent is responsible for
11 transportation and other costs associated with the
12 transfer or change.
13 (C) The court may order the parents, guardian, or
14 legal custodian of a minor respondent to take certain
15 actions or to refrain from taking certain actions to
16 ensure that the respondent complies with the order. If
17 the court orders a transfer of the respondent to
18 another school, the parents, guardian, or legal
19 custodian of the respondent is responsible for
20 transportation and other costs associated with the
21 change of school by the respondent.
22 (4) Counseling. Require or recommend the respondent to
23 undergo counseling for a specified duration with a social
24 worker, psychologist, clinical psychologist,
25 psychiatrist, family service agency, alcohol or substance
26 abuse program, mental health center guidance counselor,
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1 agency providing services to elders, program designed for
2 domestic violence abusers, or any other guidance service
3 the court deems appropriate. The court may order the
4 respondent in any intimate partner relationship to report
5 to an Illinois Department of Human Services protocol
6 approved partner abuse intervention program for an
7 assessment and to follow all recommended treatment.
8 (5) Physical care and possession of the minor child.
9 In order to protect the minor child from abuse, neglect,
10 or unwarranted separation from the person who has been the
11 minor child's primary caretaker, or to otherwise protect
12 the well-being of the minor child, the court may do either
13 or both of the following: (i) grant petitioner physical
14 care or possession of the minor child, or both, or (ii)
15 order respondent to return a minor child to, or not remove
16 a minor child from, the physical care of a parent or person
17 in loco parentis.
18 If the respondent is charged with abuse (as defined in
19 Section 112A-3 of this Code) of a minor child, there shall
20 be a rebuttable presumption that awarding physical care to
21 respondent would not be in the minor child's best
22 interest.
23 (6) Temporary allocation of parental responsibilities
24 and significant decision-making responsibilities. Award
25 temporary significant decision-making responsibility to
26 petitioner in accordance with this Section, the Illinois
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1 Marriage and Dissolution of Marriage Act, the Illinois
2 Parentage Act of 2015, and this State's Uniform
3 Child-Custody Jurisdiction and Enforcement Act.
4 If the respondent is charged with abuse (as defined in
5 Section 112A-3 of this Code) of a minor child, there shall
6 be a rebuttable presumption that awarding temporary
7 significant decision-making responsibility to respondent
8 would not be in the child's best interest.
9 (7) Parenting time. Determine the parenting time, if
10 any, of respondent in any case in which the court awards
11 physical care or temporary significant decision-making
12 responsibility of a minor child to petitioner. The court
13 shall restrict or deny respondent's parenting time with a
14 minor child if the court finds that respondent has done or
15 is likely to do any of the following:
16 (i) abuse or endanger the minor child during
17 parenting time;
18 (ii) use the parenting time as an opportunity to
19 abuse or harass petitioner or petitioner's family or
20 household members;
21 (iii) improperly conceal or detain the minor
22 child; or
23 (iv) otherwise act in a manner that is not in the
24 best interests of the minor child.
25 The court shall not be limited by the standards set
26 forth in Section 603.10 of the Illinois Marriage and
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1 Dissolution of Marriage Act. If the court grants parenting
2 time, the order shall specify dates and times for the
3 parenting time to take place or other specific parameters
4 or conditions that are appropriate. No order for parenting
5 time shall refer merely to the term "reasonable parenting
6 time". Petitioner may deny respondent access to the minor
7 child if, when respondent arrives for parenting time,
8 respondent is under the influence of drugs or alcohol and
9 constitutes a threat to the safety and well-being of
10 petitioner or petitioner's minor children or is behaving
11 in a violent or abusive manner. If necessary to protect
12 any member of petitioner's family or household from future
13 abuse, respondent shall be prohibited from coming to
14 petitioner's residence to meet the minor child for
15 parenting time, and the petitioner and respondent shall
16 submit to the court their recommendations for reasonable
17 alternative arrangements for parenting time. A person may
18 be approved to supervise parenting time only after filing
19 an affidavit accepting that responsibility and
20 acknowledging accountability to the court.
21 (8) Removal or concealment of minor child. Prohibit
22 respondent from removing a minor child from the State or
23 concealing the child within the State.
24 (9) Order to appear. Order the respondent to appear in
25 court, alone or with a minor child, to prevent abuse,
26 neglect, removal or concealment of the child, to return
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1 the child to the custody or care of the petitioner, or to
2 permit any court-ordered interview or examination of the
3 child or the respondent.
4 (10) Possession of personal property. Grant petitioner
5 exclusive possession of personal property and, if
6 respondent has possession or control, direct respondent to
7 promptly make it available to petitioner, if:
8 (i) petitioner, but not respondent, owns the
9 property; or
10 (ii) the petitioner and respondent own the
11 property jointly; sharing it would risk abuse of
12 petitioner by respondent or is impracticable; and the
13 balance of hardships favors temporary possession by
14 petitioner.
15 If petitioner's sole claim to ownership of the
16 property is that it is marital property, the court may
17 award petitioner temporary possession thereof under the
18 standards of subparagraph (ii) of this paragraph only if a
19 proper proceeding has been filed under the Illinois
20 Marriage and Dissolution of Marriage Act, as now or
21 hereafter amended.
22 No order under this provision shall affect title to
23 property.
24 (11) Protection of property. Forbid the respondent
25 from taking, transferring, encumbering, concealing,
26 damaging, or otherwise disposing of any real or personal
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1 property, except as explicitly authorized by the court,
2 if:
3 (i) petitioner, but not respondent, owns the
4 property; or
5 (ii) the petitioner and respondent own the
6 property jointly, and the balance of hardships favors
7 granting this remedy.
8 If petitioner's sole claim to ownership of the
9 property is that it is marital property, the court may
10 grant petitioner relief under subparagraph (ii) of this
11 paragraph only if a proper proceeding has been filed under
12 the Illinois Marriage and Dissolution of Marriage Act, as
13 now or hereafter amended.
14 The court may further prohibit respondent from
15 improperly using the financial or other resources of an
16 aged member of the family or household for the profit or
17 advantage of respondent or of any other person.
18 (11.5) Protection of animals. Grant the petitioner the
19 exclusive care, custody, or control of any animal owned,
20 possessed, leased, kept, or held by either the petitioner
21 or the respondent or a minor child residing in the
22 residence or household of either the petitioner or the
23 respondent and order the respondent to stay away from the
24 animal and forbid the respondent from taking,
25 transferring, encumbering, concealing, harming, or
26 otherwise disposing of the animal.
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1 (12) Order for payment of support. Order respondent to
2 pay temporary support for the petitioner or any child in
3 the petitioner's care or over whom the petitioner has been
4 allocated parental responsibility, when the respondent has
5 a legal obligation to support that person, in accordance
6 with the Illinois Marriage and Dissolution of Marriage
7 Act, which shall govern, among other matters, the amount
8 of support, payment through the clerk and withholding of
9 income to secure payment. An order for child support may
10 be granted to a petitioner with lawful physical care of a
11 child, or an order or agreement for physical care of a
12 child, prior to entry of an order allocating significant
13 decision-making responsibility. Such a support order shall
14 expire upon entry of a valid order allocating parental
15 responsibility differently and vacating petitioner's
16 significant decision-making responsibility unless
17 otherwise provided in the order.
18 (13) Order for payment of losses. Order respondent to
19 pay petitioner for losses suffered as a direct result of
20 the abuse. Such losses shall include, but not be limited
21 to, medical expenses, lost earnings or other support,
22 repair or replacement of property damaged or taken,
23 reasonable attorney's fees, court costs, and moving or
24 other travel expenses, including additional reasonable
25 expenses for temporary shelter and restaurant meals.
26 (i) Losses affecting family needs. If a party is
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1 entitled to seek maintenance, child support, or
2 property distribution from the other party under the
3 Illinois Marriage and Dissolution of Marriage Act, as
4 now or hereafter amended, the court may order
5 respondent to reimburse petitioner's actual losses, to
6 the extent that such reimbursement would be
7 "appropriate temporary relief", as authorized by
8 subsection (a)(3) of Section 501 of that Act.
9 (ii) Recovery of expenses. In the case of an
10 improper concealment or removal of a minor child, the
11 court may order respondent to pay the reasonable
12 expenses incurred or to be incurred in the search for
13 and recovery of the minor child, including, but not
14 limited to, legal fees, court costs, private
15 investigator fees, and travel costs.
16 (14) Prohibition of entry. Prohibit the respondent
17 from entering or remaining in the residence or household
18 while the respondent is under the influence of alcohol or
19 drugs and constitutes a threat to the safety and
20 well-being of the petitioner or the petitioner's children.
21 (14.5) Prohibition of firearm possession.
22 (A) A person who is subject to an existing
23 domestic violence order of protection issued under
24 this Code may not lawfully possess weapons or a
25 Firearm Owner's Identification Card under Section 8.2
26 of the Firearm Owners Identification Card Act.
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1 (B) Any firearms in the possession of the
2 respondent, except as provided in subparagraph (C) of
3 this paragraph (14.5), shall be ordered by the court
4 to be turned over to a person with a valid Firearm
5 Owner's Identification Card for safekeeping. The court
6 shall issue an order that the respondent comply with
7 Section 9.5 of the Firearm Owners Identification Card
8 Act.
9 (C) If the respondent is a peace officer as
10 defined in Section 2-13 of the Criminal Code of 2012,
11 the court shall order that any firearms used by the
12 respondent in the performance of his or her duties as a
13 peace officer be surrendered to the chief law
14 enforcement executive of the agency in which the
15 respondent is employed, who shall retain the firearms
16 for safekeeping for the duration of the domestic
17 violence order of protection.
18 (C-5) If a respondent is required to turn over the
19 respondent's Firearm Owner's Identification Card or
20 firearms to a local law enforcement agency under
21 subparagraph (a) of paragraph (14.5) of subsection (b)
22 of Section 214 of the Illinois Domestic Violence Act
23 of 1986:
24 (i) A local law enforcement agency shall give
25 written notice to the respondent of an order of
26 protection of the respondent's obligations
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1 regarding any Firearm Owner's Identification Card
2 or firearms in the respondent's possession.
3 (ii) A local law enforcement agency has an
4 affirmative duty to inquire with a respondent
5 being served with an order of protection as to the
6 obligations of the respondent to tender the
7 respondent's Firearm Owner's Identification Card
8 and firearms under the order of protection.
9 (iii) A respondent who refuses to tender the
10 respondent's Firearm Owner's Identification Card
11 and firearms after a local law enforcement agency
12 has given the respondent written notice under this
13 subparagraph is guilty of a Class A misdemeanor.
14 (D) Upon expiration of the period of safekeeping,
15 if the firearms or Firearm Owner's Identification Card
16 cannot be returned to respondent because respondent
17 cannot be located, fails to respond to requests to
18 retrieve the firearms, or is not lawfully eligible to
19 possess a firearm, upon petition from the local law
20 enforcement agency, the court may order the local law
21 enforcement agency to destroy the firearms, use the
22 firearms for training purposes, or for any other
23 application as deemed appropriate by the local law
24 enforcement agency; or that the firearms be turned
25 over to a third party who is lawfully eligible to
26 possess firearms, and who does not reside with
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1 respondent.
2 (15) Prohibition of access to records. If a domestic
3 violence order of protection prohibits respondent from
4 having contact with the minor child, or if petitioner's
5 address is omitted under subsection (b) of Section 112A-5
6 of this Code, or if necessary to prevent abuse or wrongful
7 removal or concealment of a minor child, the order shall
8 deny respondent access to, and prohibit respondent from
9 inspecting, obtaining, or attempting to inspect or obtain,
10 school or any other records of the minor child who is in
11 the care of petitioner.
12 (16) Order for payment of shelter services. Order
13 respondent to reimburse a shelter providing temporary
14 housing and counseling services to the petitioner for the
15 cost of the services, as certified by the shelter and
16 deemed reasonable by the court.
17 (17) Order for injunctive relief. Enter injunctive
18 relief necessary or appropriate to prevent further abuse
19 of a family or household member or to effectuate one of the
20 granted remedies, if supported by the balance of
21 hardships. If the harm to be prevented by the injunction
22 is abuse or any other harm that one of the remedies listed
23 in paragraphs (1) through (16) of this subsection is
24 designed to prevent, no further evidence is necessary to
25 establish that the harm is an irreparable injury.
26 (18) Telephone services.
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1 (A) Unless a condition described in subparagraph
2 (B) of this paragraph exists, the court may, upon
3 request by the petitioner, order a wireless telephone
4 service provider to transfer to the petitioner the
5 right to continue to use a telephone number or numbers
6 indicated by the petitioner and the financial
7 responsibility associated with the number or numbers,
8 as set forth in subparagraph (C) of this paragraph. In
9 this paragraph (18), the term "wireless telephone
10 service provider" means a provider of commercial
11 mobile service as defined in 47 U.S.C. 332. The
12 petitioner may request the transfer of each telephone
13 number that the petitioner, or a minor child in his or
14 her custody, uses. The clerk of the court shall serve
15 the order on the wireless telephone service provider's
16 agent for service of process provided to the Illinois
17 Commerce Commission. The order shall contain all of
18 the following:
19 (i) The name and billing telephone number of
20 the account holder including the name of the
21 wireless telephone service provider that serves
22 the account.
23 (ii) Each telephone number that will be
24 transferred.
25 (iii) A statement that the provider transfers
26 to the petitioner all financial responsibility for
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1 and right to the use of any telephone number
2 transferred under this paragraph.
3 (B) A wireless telephone service provider shall
4 terminate the respondent's use of, and shall transfer
5 to the petitioner use of, the telephone number or
6 numbers indicated in subparagraph (A) of this
7 paragraph unless it notifies the petitioner, within 72
8 hours after it receives the order, that one of the
9 following applies:
10 (i) The account holder named in the order has
11 terminated the account.
12 (ii) A difference in network technology would
13 prevent or impair the functionality of a device on
14 a network if the transfer occurs.
15 (iii) The transfer would cause a geographic or
16 other limitation on network or service provision
17 to the petitioner.
18 (iv) Another technological or operational
19 issue would prevent or impair the use of the
20 telephone number if the transfer occurs.
21 (C) The petitioner assumes all financial
22 responsibility for and right to the use of any
23 telephone number transferred under this paragraph. In
24 this paragraph, "financial responsibility" includes
25 monthly service costs and costs associated with any
26 mobile device associated with the number.
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1 (D) A wireless telephone service provider may
2 apply to the petitioner its routine and customary
3 requirements for establishing an account or
4 transferring a number, including requiring the
5 petitioner to provide proof of identification,
6 financial information, and customer preferences.
7 (E) Except for willful or wanton misconduct, a
8 wireless telephone service provider is immune from
9 civil liability for its actions taken in compliance
10 with a court order issued under this paragraph.
11 (F) All wireless service providers that provide
12 services to residential customers shall provide to the
13 Illinois Commerce Commission the name and address of
14 an agent for service of orders entered under this
15 paragraph (18). Any change in status of the registered
16 agent must be reported to the Illinois Commerce
17 Commission within 30 days of such change.
18 (G) The Illinois Commerce Commission shall
19 maintain the list of registered agents for service for
20 each wireless telephone service provider on the
21 Commission's website. The Commission may consult with
22 wireless telephone service providers and the Circuit
23 Court Clerks on the manner in which this information
24 is provided and displayed.
25 (c) Relevant factors; findings.
26 (1) In determining whether to grant a specific remedy,
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1 other than payment of support, the court shall consider
2 relevant factors, including, but not limited to, the
3 following:
4 (i) the nature, frequency, severity, pattern, and
5 consequences of the respondent's past abuse of the
6 petitioner or any family or household member,
7 including the concealment of his or her location in
8 order to evade service of process or notice, and the
9 likelihood of danger of future abuse to petitioner or
10 any member of petitioner's or respondent's family or
11 household; and
12 (ii) the danger that any minor child will be
13 abused or neglected or improperly relocated from the
14 jurisdiction, improperly concealed within the State,
15 or improperly separated from the child's primary
16 caretaker.
17 (2) In comparing relative hardships resulting to the
18 parties from loss of possession of the family home, the
19 court shall consider relevant factors, including, but not
20 limited to, the following:
21 (i) availability, accessibility, cost, safety,
22 adequacy, location, and other characteristics of
23 alternate housing for each party and any minor child
24 or dependent adult in the party's care;
25 (ii) the effect on the party's employment; and
26 (iii) the effect on the relationship of the party,
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1 and any minor child or dependent adult in the party's
2 care, to family, school, church, and community.
3 (3) Subject to the exceptions set forth in paragraph
4 (4) of this subsection (c), the court shall make its
5 findings in an official record or in writing, and shall at
6 a minimum set forth the following:
7 (i) That the court has considered the applicable
8 relevant factors described in paragraphs (1) and (2)
9 of this subsection (c).
10 (ii) Whether the conduct or actions of respondent,
11 unless prohibited, will likely cause irreparable harm
12 or continued abuse.
13 (iii) Whether it is necessary to grant the
14 requested relief in order to protect petitioner or
15 other alleged abused persons.
16 (4) (Blank).
17 (5) Never married parties. No rights or
18 responsibilities for a minor child born outside of
19 marriage attach to a putative father until a father and
20 child relationship has been established under the Illinois
21 Parentage Act of 1984, the Illinois Parentage Act of 2015,
22 the Illinois Public Aid Code, Section 12 of the Vital
23 Records Act, the Juvenile Court Act of 1987, the Probate
24 Act of 1975, 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
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1 territory, any other statute of this State, or by any
2 foreign nation establishing the father and child
3 relationship, any other proceeding substantially in
4 conformity with the federal Personal Responsibility and
5 Work Opportunity Reconciliation Act of 1996, or when both
6 parties appeared in open court or at an administrative
7 hearing acknowledging under oath or admitting by
8 affirmation the existence of a father and child
9 relationship. Absent such an adjudication, no putative
10 father shall be granted temporary allocation of parental
11 responsibilities, including parenting time with the minor
12 child, or physical care and possession of the minor child,
13 nor shall an order of payment for support of the minor
14 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
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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 by respondent;
12 (6) petitioner did not leave the residence or
13 household to avoid further abuse by respondent; or
14 (7) conduct by any family or household member excused
15 the abuse by respondent, unless that same conduct would
16 have excused such abuse if the parties had not been family
17 or household members.
18 (Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22;
19 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
20 Section 10. The Illinois Domestic Violence Act of 1986 is
21 amended by changing Section 214 as follows:
22 (750 ILCS 60/214) (from Ch. 40, par. 2312-14)
23 Sec. 214. Order of protection; remedies.
24 (a) Issuance of order. If the court finds that petitioner
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1 has been abused by a family or household member or that
2 petitioner is a high-risk adult who has been abused,
3 neglected, or exploited, as defined in this Act, an order of
4 protection prohibiting the abuse, neglect, or exploitation
5 shall issue; provided that petitioner must also satisfy the
6 requirements of one of the following Sections, as appropriate:
7 Section 217 on emergency orders, Section 218 on interim
8 orders, or Section 219 on plenary orders. Petitioner shall not
9 be denied an order of protection because petitioner or
10 respondent is a minor. The court, when determining whether or
11 not to issue an order of protection, shall not require
12 physical manifestations of abuse on the person of the victim.
13 Modification and extension of prior orders of protection shall
14 be in accordance with this Act.
15 (b) Remedies and standards. The remedies to be included in
16 an order of protection shall be determined in accordance with
17 this Section and one of the following Sections, as
18 appropriate: Section 217 on emergency orders, Section 218 on
19 interim orders, and Section 219 on plenary orders. The
20 remedies listed in this subsection shall be in addition to
21 other civil or criminal remedies available to petitioner.
22 (1) Prohibition of abuse, neglect, or exploitation.
23 Prohibit respondent's harassment, interference with
24 personal liberty, intimidation of a dependent, physical
25 abuse, or willful deprivation, neglect or exploitation, as
26 defined in this Act, or stalking of the petitioner, as
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1 defined in Section 12-7.3 of the Criminal Code of 2012, if
2 such abuse, neglect, exploitation, or stalking has
3 occurred or otherwise appears likely to occur if not
4 prohibited.
5 (2) Grant of exclusive possession of residence.
6 Prohibit respondent from entering or remaining in any
7 residence, household, or premises of the petitioner,
8 including one owned or leased by respondent, if petitioner
9 has a right to occupancy thereof. The grant of exclusive
10 possession of the residence, household, or premises shall
11 not affect title to real property, nor shall the court be
12 limited by the standard set forth in subsection (c-2) of
13 Section 501 of the Illinois Marriage and Dissolution of
14 Marriage Act.
15 (A) Right to occupancy. A party has a right to
16 occupancy of a residence or household if it is solely
17 or jointly owned or leased by that party, that party's
18 spouse, a person with a legal duty to support that
19 party or a minor child in that party's care, or by any
20 person or entity other than the opposing party that
21 authorizes that party's occupancy (e.g., a domestic
22 violence shelter). Standards set forth in subparagraph
23 (B) shall not preclude equitable relief.
24 (B) Presumption of hardships. If petitioner and
25 respondent each has the right to occupancy of a
26 residence or household, the court shall balance (i)
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1 the hardships to respondent and any minor child or
2 dependent adult in respondent's care resulting from
3 entry of this remedy with (ii) the hardships to
4 petitioner and any minor child or dependent adult in
5 petitioner's care resulting from continued exposure to
6 the risk of abuse (should petitioner remain at the
7 residence or household) or from loss of possession of
8 the residence or household (should petitioner leave to
9 avoid the risk of abuse). When determining the balance
10 of hardships, the court shall also take into account
11 the accessibility of the residence or household.
12 Hardships need not be balanced if respondent does not
13 have a right to occupancy.
14 The balance of hardships is presumed to favor
15 possession by petitioner unless the presumption is
16 rebutted by a preponderance of the evidence, showing
17 that the hardships to respondent substantially
18 outweigh the hardships to petitioner and any minor
19 child or dependent adult in petitioner's care. The
20 court, on the request of petitioner or on its own
21 motion, may order respondent to provide suitable,
22 accessible, alternate housing for petitioner instead
23 of excluding respondent from a mutual residence or
24 household.
25 (3) Stay away order and additional prohibitions. Order
26 respondent to stay away from petitioner or any other
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1 person protected by the order of protection, or prohibit
2 respondent from entering or remaining present at
3 petitioner's school, place of employment, or other
4 specified places at times when petitioner is present, or
5 both, if reasonable, given the balance of hardships.
6 Hardships need not be balanced for the court to enter a
7 stay away order or prohibit entry if respondent has no
8 right to enter the premises.
9 (A) If an order of protection grants petitioner
10 exclusive possession of the residence, or prohibits
11 respondent from entering the residence, or orders
12 respondent to stay away from petitioner or other
13 protected persons, then the court may allow respondent
14 access to the residence to remove items of clothing
15 and personal adornment used exclusively by respondent,
16 medications, and other items as the court directs. The
17 right to access shall be exercised on only one
18 occasion as the court directs and in the presence of an
19 agreed-upon adult third party or law enforcement
20 officer.
21 (B) When the petitioner and the respondent attend
22 the same public, private, or non-public elementary,
23 middle, or high school, the court when issuing an
24 order of protection and providing relief shall
25 consider the severity of the act, any continuing
26 physical danger or emotional distress to the
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1 petitioner, the educational rights guaranteed to the
2 petitioner and respondent under federal and State law,
3 the availability of a transfer of the respondent to
4 another school, a change of placement or a change of
5 program of the respondent, the expense, difficulty,
6 and educational disruption that would be caused by a
7 transfer of the respondent to another school, and any
8 other relevant facts of the case. The court may order
9 that the respondent not attend the public, private, or
10 non-public elementary, middle, or high school attended
11 by the petitioner, order that the respondent accept a
12 change of placement or change of program, as
13 determined by the school district or private or
14 non-public school, or place restrictions on the
15 respondent's movements within the school attended by
16 the petitioner. The respondent bears the burden of
17 proving by a preponderance of the evidence that a
18 transfer, change of placement, or change of program of
19 the respondent is not available. The respondent also
20 bears the burden of production with respect to the
21 expense, difficulty, and educational disruption that
22 would be caused by a transfer of the respondent to
23 another school. A transfer, change of placement, or
24 change of program is not unavailable to the respondent
25 solely on the ground that the respondent does not
26 agree with the school district's or private or
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1 non-public school's transfer, change of placement, or
2 change of program or solely on the ground that the
3 respondent fails or refuses to consent or otherwise
4 does not take an action required to effectuate a
5 transfer, change of placement, or change of program.
6 When a court orders a respondent to stay away from the
7 public, private, or non-public school attended by the
8 petitioner and the respondent requests a transfer to
9 another attendance center within the respondent's
10 school district or private or non-public school, the
11 school district or private or non-public school shall
12 have sole discretion to determine the attendance
13 center to which the respondent is transferred. In the
14 event the court order results in a transfer of the
15 minor respondent to another attendance center, a
16 change in the respondent's placement, or a change of
17 the respondent's program, the parents, guardian, or
18 legal custodian of the respondent is responsible for
19 transportation and other costs associated with the
20 transfer or change.
21 (C) The court may order the parents, guardian, or
22 legal custodian of a minor respondent to take certain
23 actions or to refrain from taking certain actions to
24 ensure that the respondent complies with the order. In
25 the event the court orders a transfer of the
26 respondent to another school, the parents, guardian,
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1 or legal custodian of the respondent is responsible
2 for transportation and other costs associated with the
3 change of school by the respondent.
4 (4) Counseling. Require or recommend the respondent to
5 undergo counseling for a specified duration with a social
6 worker, psychologist, clinical psychologist,
7 psychiatrist, family service agency, alcohol or substance
8 abuse program, mental health center guidance counselor,
9 agency providing services to elders, program designed for
10 domestic violence abusers or any other guidance service
11 the court deems appropriate. The Court may order the
12 respondent in any intimate partner relationship to report
13 to an Illinois Department of Human Services protocol
14 approved partner abuse intervention program for an
15 assessment and to follow all recommended treatment.
16 (5) Physical care and possession of the minor child.
17 In order to protect the minor child from abuse, neglect,
18 or unwarranted separation from the person who has been the
19 minor child's primary caretaker, or to otherwise protect
20 the well-being of the minor child, the court may do either
21 or both of the following: (i) grant petitioner physical
22 care or possession of the minor child, or both, or (ii)
23 order respondent to return a minor child to, or not remove
24 a minor child from, the physical care of a parent or person
25 in loco parentis.
26 If a court finds, after a hearing, that respondent has
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1 committed abuse (as defined in Section 103) of a minor
2 child, there shall be a rebuttable presumption that
3 awarding physical care to respondent would not be in the
4 minor child's best interest.
5 (6) Temporary allocation of parental responsibilities:
6 significant decision-making. Award temporary
7 decision-making responsibility to petitioner in accordance
8 with this Section, the Illinois Marriage and Dissolution
9 of Marriage Act, the Illinois Parentage Act of 2015, and
10 this State's Uniform Child-Custody Jurisdiction and
11 Enforcement Act.
12 If a court finds, after a hearing, that respondent has
13 committed abuse (as defined in Section 103) of a minor
14 child, there shall be a rebuttable presumption that
15 awarding temporary significant decision-making
16 responsibility to respondent would not be in the child's
17 best interest.
18 (7) Parenting time. Determine the parenting time, if
19 any, of respondent in any case in which the court awards
20 physical care or allocates temporary significant
21 decision-making responsibility of a minor child to
22 petitioner. The court shall restrict or deny respondent's
23 parenting time with a minor child if the court finds that
24 respondent has done or is likely to do any of the
25 following: (i) abuse or endanger the minor child during
26 parenting time; (ii) use the parenting time as an
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1 opportunity to abuse or harass petitioner or petitioner's
2 family or household members; (iii) improperly conceal or
3 detain the minor child; or (iv) otherwise act in a manner
4 that is not in the best interests of the minor child. The
5 court shall not be limited by the standards set forth in
6 Section 603.10 of the Illinois Marriage and Dissolution of
7 Marriage Act. If the court grants parenting time, the
8 order shall specify dates and times for the parenting time
9 to take place or other specific parameters or conditions
10 that are appropriate. No order for parenting time shall
11 refer merely to the term "reasonable parenting time".
12 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.
18 If necessary to protect any member of petitioner's
19 family or household from future abuse, respondent shall be
20 prohibited from coming to petitioner's residence to meet
21 the minor child for parenting time, and the parties 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 parties own the property jointly; sharing
17 it would risk abuse of petitioner by respondent or is
18 impracticable; and the balance of hardships favors
19 temporary possession by petitioner.
20 If petitioner's sole claim to ownership of the
21 property is that it is marital property, the court may
22 award petitioner temporary possession thereof under the
23 standards of subparagraph (ii) of this paragraph only if a
24 proper proceeding has been filed under the Illinois
25 Marriage and Dissolution of Marriage Act, as now or
26 hereafter amended.
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1 No order under this provision shall affect title to
2 property.
3 (11) Protection of property. Forbid the respondent
4 from taking, transferring, encumbering, concealing,
5 damaging or otherwise disposing of any real or personal
6 property, except as explicitly authorized by the court,
7 if:
8 (i) petitioner, but not respondent, owns the
9 property; or
10 (ii) the parties own the property jointly, and the
11 balance of hardships favors granting this remedy.
12 If petitioner's sole claim to ownership of the
13 property is that it is marital property, the court may
14 grant petitioner relief under subparagraph (ii) of this
15 paragraph only if a proper proceeding has been filed under
16 the Illinois Marriage and Dissolution of Marriage Act, as
17 now or hereafter amended.
18 The court may further prohibit respondent from
19 improperly using the financial or other resources of an
20 aged member of the family or household for the profit or
21 advantage of respondent or of any other person.
22 (11.5) Protection of animals. Grant the petitioner the
23 exclusive care, custody, or control of any animal owned,
24 possessed, leased, kept, or held by either the petitioner
25 or the respondent or a minor child residing in the
26 residence or household of either the petitioner or the
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1 respondent and order the respondent to stay away from the
2 animal and forbid the respondent from taking,
3 transferring, encumbering, concealing, harming, or
4 otherwise disposing of the animal.
5 (12) Order for payment of support. Order respondent to
6 pay temporary support for the petitioner or any child in
7 the petitioner's care or over whom the petitioner has been
8 allocated parental responsibility, when the respondent has
9 a legal obligation to support that person, in accordance
10 with the Illinois Marriage and Dissolution of Marriage
11 Act, which shall govern, among other matters, the amount
12 of support, payment through the clerk and withholding of
13 income to secure payment. An order for child support may
14 be granted to a petitioner with lawful physical care of a
15 child, or an order or agreement for physical care of a
16 child, prior to entry of an order allocating significant
17 decision-making responsibility. Such a support order shall
18 expire upon entry of a valid order allocating parental
19 responsibility differently and vacating the petitioner's
20 significant decision-making authority, unless otherwise
21 provided in the order.
22 (13) Order for payment of losses. Order respondent to
23 pay petitioner for losses suffered as a direct result of
24 the abuse, neglect, or exploitation. Such losses shall
25 include, but not be limited to, medical expenses, lost
26 earnings or other support, repair or replacement of
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1 property damaged or taken, reasonable attorney's fees,
2 court costs and moving or other travel expenses, including
3 additional reasonable expenses for temporary shelter and
4 restaurant meals.
5 (i) Losses affecting family needs. If a party is
6 entitled to seek maintenance, child support or
7 property distribution from the other party under the
8 Illinois Marriage and Dissolution of Marriage Act, as
9 now or hereafter amended, the court may order
10 respondent to reimburse petitioner's actual losses, to
11 the extent that such reimbursement would be
12 "appropriate temporary relief", as authorized by
13 subsection (a)(3) of Section 501 of that Act.
14 (ii) Recovery of expenses. In the case of an
15 improper concealment or removal of a minor child, the
16 court may order respondent to pay the reasonable
17 expenses incurred or to be incurred in the search for
18 and recovery of the minor child, including but not
19 limited to legal fees, court costs, private
20 investigator fees, and travel costs.
21 (14) Prohibition of entry. Prohibit the respondent
22 from entering or remaining in the residence or household
23 while the respondent is under the influence of alcohol or
24 drugs and constitutes a threat to the safety and
25 well-being of the petitioner or the petitioner's children.
26 (14.5) Prohibition of firearm possession.
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1 (a) Prohibit a respondent against whom an order of
2 protection was issued from possessing any firearms
3 during the duration of the order if the order:
4 (1) was issued after a hearing of which such
5 person received actual notice, and at which such
6 person had an opportunity to participate;
7 (2) restrains such person from harassing,
8 stalking, or threatening an intimate partner of
9 such person or child of such intimate partner or
10 person, or engaging in other conduct that would
11 place an intimate partner in reasonable fear of
12 bodily injury to the partner or child; and
13 (3)(i) includes a finding that such person
14 represents a credible threat to the physical
15 safety of such intimate partner or child; or (ii)
16 by its terms explicitly prohibits the use,
17 attempted use, or threatened use of physical force
18 against such intimate partner or child that would
19 reasonably be expected to cause bodily injury.
20 Any Firearm Owner's Identification Card in the
21 possession of the respondent, except as provided in
22 subsection (b), shall be ordered by the court to be
23 turned over to the local law enforcement agency. The
24 local law enforcement agency shall immediately mail
25 the card to the Illinois State Police Firearm Owner's
26 Identification Card Office for safekeeping. The court
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1 shall issue a warrant for seizure of any firearm in the
2 possession of the respondent, to be kept by the local
3 law enforcement agency for safekeeping, except as
4 provided in subsection (b). The period of safekeeping
5 shall be for the duration of the order of protection.
6 The firearm or firearms and Firearm Owner's
7 Identification Card, if unexpired, shall at the
8 respondent's request, be returned to the respondent at
9 the end of the order of protection. It is the
10 respondent's responsibility to notify the Illinois
11 State Police Firearm Owner's Identification Card
12 Office.
13 (b) If the respondent is a peace officer as
14 defined in Section 2-13 of the Criminal Code of 2012,
15 the court shall order that any firearms used by the
16 respondent in the performance of his or her duties as a
17 peace officer be surrendered to the chief law
18 enforcement executive of the agency in which the
19 respondent is employed, who shall retain the firearms
20 for safekeeping for the duration of the order of
21 protection.
22 (b-5) A local law enforcement agency shall give
23 written notice to the respondent of an order of
24 protection of the respondent's obligations regarding
25 any Firearm Owner's Identification Card or firearms in
26 the respondent's possession. A local law enforcement
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1 agency has an affirmative duty to inquire with a
2 respondent being served with an order of protection as
3 to the obligations of the respondent to tender the
4 respondent's Firearm Owner's Identification Card and
5 firearms under the order of protection. A respondent
6 who refuses to tender the respondent's Firearm Owner's
7 Identification Card and firearms after a local law
8 enforcement agency has given the respondent written
9 notice under this subparagraph is guilty of a Class A
10 misdemeanor.
11 (c) Upon expiration of the period of safekeeping,
12 if the firearms or Firearm Owner's Identification Card
13 cannot be returned to respondent because respondent
14 cannot be located, fails to respond to requests to
15 retrieve the firearms, or is not lawfully eligible to
16 possess a firearm, upon petition from the local law
17 enforcement agency, the court may order the local law
18 enforcement agency to destroy the firearms, use the
19 firearms for training purposes, or for any other
20 application as deemed appropriate by the local law
21 enforcement agency; or that the firearms be turned
22 over to a third party who is lawfully eligible to
23 possess firearms, and who does not reside with
24 respondent.
25 (15) Prohibition of access to records. If an order of
26 protection prohibits respondent from having contact with
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1 the minor child, or if petitioner's address is omitted
2 under subsection (b) of Section 203, or if necessary to
3 prevent abuse or wrongful removal or concealment of a
4 minor child, the order shall deny respondent access to,
5 and prohibit respondent from inspecting, obtaining, or
6 attempting to inspect or obtain, school or any other
7 records of the minor child who is in the care of
8 petitioner.
9 (16) Order for payment of shelter services. Order
10 respondent to reimburse a shelter providing temporary
11 housing and counseling services to the petitioner for the
12 cost of the services, as certified by the shelter and
13 deemed reasonable by the court.
14 (17) Order for injunctive relief. Enter injunctive
15 relief necessary or appropriate to prevent further abuse
16 of a family or household member or further abuse, neglect,
17 or exploitation of a high-risk adult with disabilities or
18 to effectuate one of the granted remedies, if supported by
19 the balance of hardships. If the harm to be prevented by
20 the injunction is abuse or any other harm that one of the
21 remedies listed in paragraphs (1) through (16) of this
22 subsection is designed to prevent, no further evidence is
23 necessary that the harm is an irreparable injury.
24 (18) Telephone services.
25 (A) Unless a condition described in subparagraph
26 (B) of this paragraph exists, the court may, upon
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1 request by the petitioner, order a wireless telephone
2 service provider to transfer to the petitioner the
3 right to continue to use a telephone number or numbers
4 indicated by the petitioner and the financial
5 responsibility associated with the number or numbers,
6 as set forth in subparagraph (C) of this paragraph.
7 For purposes of this paragraph (18), the term
8 "wireless telephone service provider" means a provider
9 of commercial mobile service as defined in 47 U.S.C.
10 332. The petitioner may request the transfer of each
11 telephone number that the petitioner, or a minor child
12 in his or her custody, uses. The clerk of the court
13 shall serve the order on the wireless telephone
14 service provider's agent for service of process
15 provided to the Illinois Commerce Commission. The
16 order shall contain all of the following:
17 (i) The name and billing telephone number of
18 the account holder including the name of the
19 wireless telephone service provider that serves
20 the account.
21 (ii) Each telephone number that will be
22 transferred.
23 (iii) A statement that the provider transfers
24 to the petitioner all financial responsibility for
25 and right to the use of any telephone number
26 transferred under this paragraph.
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1 (B) A wireless telephone service provider shall
2 terminate the respondent's use of, and shall transfer
3 to the petitioner use of, the telephone number or
4 numbers indicated in subparagraph (A) of this
5 paragraph unless it notifies the petitioner, within 72
6 hours after it receives the order, that one of the
7 following applies:
8 (i) The account holder named in the order has
9 terminated the account.
10 (ii) A difference in network technology would
11 prevent or impair the functionality of a device on
12 a network if the transfer occurs.
13 (iii) The transfer would cause a geographic or
14 other limitation on network or service provision
15 to the petitioner.
16 (iv) Another technological or operational
17 issue would prevent or impair the use of the
18 telephone number if the transfer occurs.
19 (C) The petitioner assumes all financial
20 responsibility for and right to the use of any
21 telephone number transferred under this paragraph. In
22 this paragraph, "financial responsibility" includes
23 monthly service costs and costs associated with any
24 mobile device associated with the number.
25 (D) A wireless telephone service provider may
26 apply to the petitioner its routine and customary
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1 requirements for establishing an account or
2 transferring a number, including requiring the
3 petitioner to provide proof of identification,
4 financial information, and customer preferences.
5 (E) Except for willful or wanton misconduct, a
6 wireless telephone service provider is immune from
7 civil liability for its actions taken in compliance
8 with a court order issued under this paragraph.
9 (F) All wireless service providers that provide
10 services to residential customers shall provide to the
11 Illinois Commerce Commission the name and address of
12 an agent for service of orders entered under this
13 paragraph (18). Any change in status of the registered
14 agent must be reported to the Illinois Commerce
15 Commission within 30 days of such change.
16 (G) The Illinois Commerce Commission shall
17 maintain the list of registered agents for service for
18 each wireless telephone service provider on the
19 Commission's website. The Commission may consult with
20 wireless telephone service providers and the Circuit
21 Court Clerks on the manner in which this information
22 is provided and displayed.
23 (c) Relevant factors; findings.
24 (1) In determining whether to grant a specific remedy,
25 other than payment of support, the court shall consider
26 relevant factors, including but not limited to the
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1 following:
2 (i) the nature, frequency, severity, pattern and
3 consequences of the respondent's past abuse, neglect
4 or exploitation of the petitioner or any family or
5 household member, including the concealment of his or
6 her location in order to evade service of process or
7 notice, and the likelihood of danger of future abuse,
8 neglect, or exploitation to petitioner or any member
9 of petitioner's or respondent's family or household;
10 and
11 (ii) the danger that any minor child will be
12 abused or neglected or improperly relocated from the
13 jurisdiction, improperly concealed within the State or
14 improperly separated from the child's primary
15 caretaker.
16 (2) In comparing relative hardships resulting to the
17 parties from loss of possession of the family home, the
18 court shall consider relevant factors, including but not
19 limited to the following:
20 (i) availability, accessibility, cost, safety,
21 adequacy, location and other characteristics of
22 alternate housing for each party and any minor child
23 or dependent adult in the party's care;
24 (ii) the effect on the party's employment; and
25 (iii) the effect on the relationship of the party,
26 and any minor child or dependent adult in the party's
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1 care, to family, school, church and community.
2 (3) Subject to the exceptions set forth in paragraph
3 (4) of this subsection, the court shall make its findings
4 in an official record or in writing, and shall at a minimum
5 set forth the following:
6 (i) That the court has considered the applicable
7 relevant factors described in paragraphs (1) and (2)
8 of this subsection.
9 (ii) Whether the conduct or actions of respondent,
10 unless prohibited, will likely cause irreparable harm
11 or continued abuse.
12 (iii) Whether it is necessary to grant the
13 requested relief in order to protect petitioner or
14 other alleged abused persons.
15 (4) For purposes of issuing an ex parte emergency
16 order of protection, the court, as an alternative to or as
17 a supplement to making the findings described in
18 paragraphs (c)(3)(i) through (c)(3)(iii) of this
19 subsection, may use the following procedure:
20 When a verified petition for an emergency order of
21 protection in accordance with the requirements of Sections
22 203 and 217 is presented to the court, the court shall
23 examine petitioner on oath or affirmation. An emergency
24 order of protection shall be issued by the court if it
25 appears from the contents of the petition and the
26 examination of petitioner that the averments are
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1 sufficient to indicate abuse by respondent and to support
2 the granting of relief under the issuance of the emergency
3 order of protection.
4 (5) Never married parties. No rights or
5 responsibilities for a minor child born outside of
6 marriage attach to a putative father until a father and
7 child relationship has been established under the Illinois
8 Parentage Act of 1984, the Illinois Parentage Act of 2015,
9 the Illinois Public Aid Code, Section 12 of the Vital
10 Records Act, the Juvenile Court Act of 1987, the Probate
11 Act of 1975, the Revised Uniform Reciprocal Enforcement of
12 Support Act, the Uniform Interstate Family Support Act,
13 the Expedited Child Support Act of 1990, any judicial,
14 administrative, or other act of another state or
15 territory, any other Illinois statute, or by any foreign
16 nation establishing the father and child relationship, any
17 other proceeding substantially in conformity with the
18 Personal Responsibility and Work Opportunity
19 Reconciliation Act of 1996 (Pub. L. 104-193), or where
20 both parties appeared in open court or at an
21 administrative hearing acknowledging under oath or
22 admitting by affirmation the existence of a father and
23 child relationship. Absent such an adjudication, finding,
24 or acknowledgment, no putative father shall be granted
25 temporary allocation of parental responsibilities,
26 including parenting time with the minor child, or physical
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1 care and possession of the minor child, nor shall an order
2 of payment for support of the minor child be entered.
3 (d) Balance of hardships; findings. If the court finds
4 that the balance of hardships does not support the granting of
5 a remedy governed by paragraph (2), (3), (10), (11), or (16) of
6 subsection (b) of this Section, which may require such
7 balancing, the court's findings shall so indicate and shall
8 include a finding as to whether granting the remedy will
9 result in hardship to respondent that would substantially
10 outweigh the hardship to petitioner from denial of the remedy.
11 The findings shall be an official record or in writing.
12 (e) Denial of remedies. Denial of any remedy shall not be
13 based, in whole or in part, on evidence that:
14 (1) Respondent has cause for any use of force, unless
15 that cause satisfies the standards for justifiable use of
16 force provided by Article 7 of the Criminal Code of 2012;
17 (2) Respondent was voluntarily intoxicated;
18 (3) Petitioner acted in self-defense or defense of
19 another, provided that, if petitioner utilized force, such
20 force was justifiable under Article 7 of the Criminal Code
21 of 2012;
22 (4) Petitioner did not act in self-defense or defense
23 of another;
24 (5) Petitioner left the residence or household to
25 avoid further abuse, neglect, or exploitation by
26 respondent;
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1 (6) Petitioner did not leave the residence or
2 household to avoid further abuse, neglect, or exploitation
3 by respondent;
4 (7) Conduct by any family or household member excused
5 the abuse, neglect, or exploitation by respondent, unless
6 that same conduct would have excused such abuse, neglect,
7 or exploitation if the parties had not been family or
8 household members.
9 (Source: P.A. 102-538, eff. 8-20-21.)
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