Rep. Maura Hirschauer
Filed: 3/7/2023
 
 


 




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1
AMENDMENT TO HOUSE BILL 1404




2 AMENDMENT NO. ______. Amend House Bill 1404 by replacing 
3everything after the enacting clause with the following:


4 "Section 5. The Firearms Restraining Order Act is amended 
5by changing Section 5 as follows:

6 (430 ILCS 67/5)
7 Sec. 5. Definitions.
As used in this Act:
8 "Family member of the respondent" means a spouse, former 
9spouse, person with whom the respondent has a minor child in 
10common, parent, child, or step-child of the respondent, any 
11other person related by blood or present marriage to the 
12respondent, or a person who shares a common dwelling with the 
13respondent.
14 "Firearms restraining order" means an order issued by the 
15court, prohibiting and enjoining a named person from having in 
16his or her custody or control, purchasing, possessing, or 
 
 
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1receiving any firearms or ammunition, or removing firearm 
2parts that could be assembled to make an operable firearm.

3 "Intimate partner" means a spouse, former spouse, a person 
4with whom the respondent has or allegedly has a child in 
5common, or a person with whom the respondent has or has had a 
6dating or engagement relationship.
7 "Petitioner" means:
8  (1) a family member of the respondent as defined in 
9 this Act; or

10  (2) a law enforcement officer
who files a petition 
11 alleging that the respondent poses a danger of causing 
12 personal injury to himself, herself, or another by having 
13 in his or her custody or control, purchasing, possessing, 
14 or receiving a firearm, ammunition, or firearm parts that 
15 could be assembled to make an operable firearm or removing 
16 firearm parts that could be assembled to make an operable 
17 firearm; or
18  (3) intimate partner.
19 "Respondent" means the person alleged in the petition to 
20pose a danger of causing personal injury to himself, herself, 
21or another by having in his or her custody or control, 
22purchasing, possessing, or receiving a firearm, ammunition, or 
23firearm parts that could be assembled to make an operable 
24firearm or removing firearm parts that could be assembled to 
25make an operable firearm.

26(Source: P.A. 101-81, eff. 7-12-19; 102-345, eff. 6-1-22.)

 
 
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1 Section 10. The Code of Criminal Procedure of 1963 is 
2amended by changing Section 112A-14 as follows:



3 (725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14)


4 Sec. 112A-14. Domestic violence order of protection; 
5remedies. 

6 (a) (Blank).

7 (b) The court may order any of the remedies listed in this 
8subsection (b).
The remedies listed in this subsection (b) 
9shall be in addition to other civil
or criminal remedies 
10available to petitioner.

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

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

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

20 including one owned or leased by respondent, if petitioner 
21 has a right
to occupancy thereof. The grant of exclusive 
22 possession of the residence, household, or premises
shall 
23 not affect title to real property, nor shall the court be 
24 limited by
the standard set forth in subsection (c-2) of 
 
 
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1 Section 501 of the Illinois Marriage and
Dissolution of 
2 Marriage Act.

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

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

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

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

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

26 Hardships need not be balanced if respondent does not 
 
 
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1 have a right to occupancy.

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

13  (3) Stay away order and additional prohibitions.
Order 
14 respondent to stay away from petitioner or any other 
15 person
protected by the domestic violence order of 
16 protection, or prohibit respondent from entering
or 
17 remaining present at petitioner's school, place of 
18 employment, or other
specified places at times when 
19 petitioner is present, or both, if
reasonable, given
the 
20 balance of hardships. Hardships need not be balanced for 
21 the court
to enter a stay away order or prohibit entry
if 
22 respondent has no right to enter the premises.

23   (A) If a domestic violence order of protection 
24 grants petitioner exclusive possession
of the 
25 residence, prohibits respondent from entering the 
26 residence,
or orders respondent to stay away from 
 
 
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1 petitioner or other
protected persons, then the court 
2 may allow respondent access to the
residence to remove 
3 items of clothing and personal adornment
used 
4 exclusively by respondent, medications, and other 
5 items as the court directs.
The right to access shall 
6 be exercised on only one occasion as the court directs

7 and in the presence of an agreed-upon adult third 
8 party or law enforcement officer.

9   (B) When the petitioner and the respondent attend 
10 the same public, private, or non-public elementary, 
11 middle, or high school, the court when issuing a 
12 domestic violence order of protection and providing 
13 relief shall consider the severity of the act, any 
14 continuing physical danger or emotional distress to 
15 the petitioner, the educational rights guaranteed to 
16 the petitioner and respondent under federal and State 
17 law, the availability of a transfer of the respondent 
18 to another school, a change of placement or a change of 
19 program of the respondent, the expense, difficulty, 
20 and educational disruption that would be caused by a 
21 transfer of the respondent to another school, and any 
22 other relevant facts of the case. The court may order 
23 that the respondent not attend the public, private, or 
24 non-public elementary, middle, or high school attended 
25 by the petitioner, order that the respondent accept a 
26 change of placement or change of program, as 
 
 
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1 determined by the school district or private or 
2 non-public school, or place restrictions on the 
3 respondent's movements within the school attended by 
4 the petitioner. The respondent bears the burden of 
5 proving by a preponderance of the evidence that a 
6 transfer, change of placement, or change of program of 
7 the respondent is not available. The respondent also 
8 bears the burden of production with respect to the 
9 expense, difficulty, and educational disruption that 
10 would be caused by a transfer of the respondent to 
11 another school. A transfer, change of placement, or 
12 change of program is not unavailable to the respondent 
13 solely on the ground that the respondent does not 
14 agree with the school district's or private or 
15 non-public school's transfer, change of placement, or 
16 change of program or solely on the ground that the 
17 respondent fails or refuses to consent or otherwise 
18 does not take an action required to effectuate a 
19 transfer, change of placement, or change of program. 
20 When a court orders a respondent to stay away from the 
21 public, private, or non-public school attended by the 
22 petitioner and the respondent requests a transfer to 
23 another attendance center within the respondent's 
24 school district or private or non-public school, the 
25 school district or private or non-public school shall 
26 have sole discretion to determine the attendance 
 
 
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1 center to which the respondent is transferred. If the 
2 court order results in a transfer of the minor 
3 respondent to another attendance center, a change in 
4 the respondent's placement, or a change of the 
5 respondent's program, the parents, guardian, or legal 
6 custodian of the respondent is responsible for 
7 transportation and other costs associated with the 
8 transfer or change.
9   (C) The court may order the parents, guardian, or 
10 legal custodian of a minor respondent to take certain 
11 actions or to refrain from taking certain actions to 
12 ensure that the respondent complies with the order. If 
13 the court orders a transfer of the respondent to 
14 another school, the parents, guardian, or legal 
15 custodian of the respondent is responsible for 
16 transportation and other costs associated with the 
17 change of school by the respondent. 
18  (4) Counseling. Require or recommend the respondent to 
19 undergo
counseling for a specified duration with a social 
20 worker, psychologist,
clinical psychologist, 
21 psychiatrist, family service agency, alcohol or
substance 
22 abuse program, mental health center guidance counselor, 
23 agency
providing services to elders, program designed for 
24 domestic violence
abusers, or any other guidance service 
25 the court deems appropriate. The court may order the 
26 respondent in any intimate partner relationship to report 
 
 
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1 to an Illinois Department of Human Services protocol 
2 approved partner abuse intervention program for an 
3 assessment and to follow all recommended treatment. 

4  (5) Physical care and possession of the minor child. 
5 In order to protect
the minor child from abuse, neglect, 
6 or unwarranted separation from the person
who has been the 
7 minor child's primary caretaker, or to otherwise protect 
8 the
well-being of the minor child, the court may do either 
9 or both of the following:
(i) grant petitioner physical 
10 care or possession of the minor child, or both, or
(ii) 
11 order respondent to return a minor child to, or not remove 
12 a minor child
from, the physical care of a parent or person 
13 in loco parentis.

14  If the respondent is charged with abuse
(as defined in 
15 Section 112A-3 of this Code) of a minor child, there shall 
16 be a
rebuttable presumption that awarding physical care to 
17 respondent would not
be in the minor child's best 
18 interest.

19  (6) Temporary allocation of parental responsibilities 
20 and significant decision-making responsibilities.
Award 
21 temporary significant decision-making responsibility to 
22 petitioner in accordance with this Section,
the Illinois 
23 Marriage
and Dissolution of Marriage Act, the Illinois 
24 Parentage Act of 2015,
and this State's Uniform 
25 Child-Custody
Jurisdiction and Enforcement Act. 

26  If the respondent
is charged with abuse (as defined in 
 
 
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1 Section 112A-3 of this Code) of a
minor child, there shall 
2 be a rebuttable presumption that awarding
temporary 
3 significant decision-making responsibility to respondent 
4 would not be in the
child's best interest.

5  (7) Parenting time. Determine the parenting time, if 
6 any, of respondent in any case in which the court
awards 
7 physical care or temporary significant decision-making 
8 responsibility of a minor child to
petitioner. The court 
9 shall restrict or deny respondent's parenting time with
a 
10 minor child if
the court finds that respondent has done or 
11 is likely to do any of the
following:
12   (i) abuse or endanger the minor child during 
13 parenting time;
14   (ii) use the parenting time
as an opportunity to 
15 abuse or harass petitioner or
petitioner's family or 
16 household members;
17   (iii) improperly conceal or
detain the minor 
18 child; or
19   (iv) otherwise act in a manner that is not in
the 
20 best interests of the minor child. 
21  The court shall not be limited by the
standards set 
22 forth in Section 603.10 of the Illinois Marriage and

23 Dissolution of Marriage Act. If the court grants parenting 
24 time, the order
shall specify dates and times for the 
25 parenting time to take place or other
specific parameters 
26 or conditions that are appropriate. No order for parenting 
 
 
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1 time
shall refer merely to the term "reasonable parenting 
2 time". Petitioner may deny respondent access to the minor 
3 child if, when
respondent arrives for parenting time, 
4 respondent is under the influence of drugs
or alcohol and 
5 constitutes a threat to the safety and well-being of

6 petitioner or petitioner's minor children or is behaving 
7 in a violent or abusive manner. If necessary to protect 
8 any member of petitioner's family or
household from future 
9 abuse, respondent shall be prohibited from coming to

10 petitioner's residence to meet the minor child for 
11 parenting time, and the petitioner and respondent
shall 
12 submit to the court their recommendations for reasonable

13 alternative arrangements for parenting time. A person may 
14 be approved to
supervise parenting time only after filing 
15 an affidavit accepting
that responsibility and 
16 acknowledging accountability to the court.

17  (8) Removal or concealment of minor child.
Prohibit 
18 respondent from
removing a minor child from the State or 
19 concealing the child within the
State.

20  (9) Order to appear. Order the respondent to
appear in 
21 court, alone
or with a minor child, to prevent abuse, 
22 neglect, removal or concealment of
the child, to return 
23 the child to the custody or care of the petitioner, or
to 
24 permit any court-ordered interview or examination of the 
25 child or the
respondent.

26  (10) Possession of personal property. Grant petitioner 
 
 
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1 exclusive
possession of personal property and, if 
2 respondent has possession or
control, direct respondent to 
3 promptly make it available to petitioner, if:

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

6   (ii) the petitioner and respondent own the 
7 property jointly; sharing it would risk
abuse of 
8 petitioner by respondent or is impracticable; and the 
9 balance of
hardships favors temporary possession by 
10 petitioner.

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

18  No order under this provision shall affect title to 
19 property.

20  (11) Protection of property. Forbid the respondent 
21 from taking,
transferring, encumbering, concealing, 
22 damaging, or otherwise disposing of
any real or personal 
23 property, except as explicitly authorized by the
court, 
24 if:

25   (i) petitioner, but not respondent, owns the 
26 property; or

 
 
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1   (ii) the petitioner and respondent own the 
2 property jointly,
and the balance of hardships favors 
3 granting this remedy.

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

10  The court may further prohibit respondent from 
11 improperly using the
financial or other resources of an 
12 aged member of the family or household
for the profit or 
13 advantage of respondent or of any other person.

14  (11.5) Protection of animals. Grant the petitioner the 
15 exclusive care, custody, or control of any animal owned, 
16 possessed, leased, kept, or held by either the petitioner 
17 or the respondent or a minor child residing in the 
18 residence or household of either the petitioner or the 
19 respondent and order the respondent to stay away from the 
20 animal and forbid the respondent from taking, 
21 transferring, encumbering, concealing, harming, or 
22 otherwise disposing of the animal.

23  (12) Order for payment of support. Order
respondent to 
24 pay temporary
support for the petitioner or any child in 
25 the petitioner's care or over whom the petitioner has been 
26 allocated parental responsibility, when the respondent has 
 
 
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1 a legal obligation to support that person,
in accordance 
2 with the Illinois Marriage and Dissolution
of Marriage 
3 Act, which shall govern, among other matters, the amount 
4 of
support, payment through the clerk and withholding of 
5 income to secure
payment. An order for child support may 
6 be granted to a petitioner with
lawful physical care of a 
7 child, or an order or agreement for
physical care of a 
8 child, prior to entry of an order allocating significant 
9 decision-making responsibility.
Such a support order shall 
10 expire upon entry of a valid order allocating parental 
11 responsibility differently and vacating petitioner's 
12 significant decision-making responsibility unless 
13 otherwise provided in the order.

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

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

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

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

11 investigator fees, and travel costs.

12  (14) Prohibition of entry. Prohibit the respondent 
13 from entering or
remaining in the residence or household 
14 while the respondent is under the
influence of alcohol or 
15 drugs and constitutes a threat to the safety and

16 well-being of the petitioner or the petitioner's children.

17  (14.5) Prohibition of firearm possession. 
18   (A) A person who is subject to an existing 
19 domestic violence order of protection issued under 
20 this Code may not lawfully possess weapons or a 
21 Firearm Owner's Identification Card under Section 8.2 
22 of the Firearm Owners Identification Card Act.
23   (B) Any firearms in the
possession of the 
24 respondent, except as provided in subparagraph (C) of 
25 this paragraph (14.5), shall be ordered by the court 
26 to be turned
over to a local law enforcement agency 
 
 
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1 person with a valid Firearm Owner's Identification 
2 Card for safekeeping and the respondent shall be 
3 prohibited from acquiring or possessing any firearms 
4 for the duration of the order of protection. The court 
5 shall issue an order that the respondent comply with 
6 Section 9.5 of the Firearm Owners Identification Card 
7 Act.

8   (B-1) Immediately upon entry of an order of 
9 protection prohibiting firearm possession under this 
10 Section, the court shall issue a warrant for seizure 
11 of any firearm in the possession of the respondent, to 
12 be kept by the local law enforcement agency for 
13 safekeeping, except as provided in subparagraph (C). A 
14 return of the warrant for seizure shall be filed by the 
15 law enforcement agency within 48 hours thereafter, 
16 setting forth the time, date, and location that the 
17 warrant for seizure was executed and what items, if 
18 any, were seized. The petitioner's general description 
19 of the firearm or firearms and their location shall be 
20 sufficient to support issuing a warrant. The period of 
21 safekeeping shall be for the duration of the order of 
22 protection.
23   (B-2) Notwithstanding the issuance of a warrant 
24 under subsection (B-1), the respondent shall be 
25 ordered to immediately surrender any firearms to the 
26 appropriate law enforcement agency and prohibited from 
 
 
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1 transferring firearms to another individual in lieu of 
2 surrender to law enforcement.
3   (B-3) The relevant law enforcement agency shall 
4 provide a statement of receipt of any firearm seized 
5 or surrendered with a description of any firearm 
6 seized or surrendered to the respondent and the court. 
7 This statement of receipt shall be prima facie 
8 evidence of compliance with an order to surrender 
9 firearms. 
10   (C) If the respondent is a peace officer as 
11 defined in Section 2-13 of
the
Criminal Code of 2012, 
12 the court shall order that any firearms used by the

13 respondent in the performance of his or her duties as a

14 peace officer be surrendered to
the chief law 
15 enforcement executive of the agency in which the 
16 respondent is
employed, who shall retain the firearms 
17 for safekeeping for the duration of the domestic 
18 violence order of protection.

19   (D) Upon expiration of the period of safekeeping, 
20 if the firearms or Firearm Owner's Identification Card 
21 cannot be returned to respondent because respondent 
22 cannot be located, fails to respond to requests to 
23 retrieve the firearms, or is not lawfully eligible to 
24 possess a firearm, upon petition from the local law 
25 enforcement agency, the court may order the local law 
26 enforcement agency to destroy the firearms, use the 
 
 
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1 firearms for training purposes, or for any other 
2 application as deemed appropriate by the local law 
3 enforcement agency; or that the firearms be turned 
4 over to a third party who is lawfully eligible to 
5 possess firearms, and who does not reside with 
6 respondent. 
7  (14.6) Prohibition of firearm possession; emergency 
8 orders. Prohibit a respondent against whom an order of 
9 protection was issued from possessing any firearms during 
10 the duration of the order as set forth in paragraph (14.5) 
11 if the prerequisites in subsection (b) of Section 
12 112A-17.5 are satisfied. 
13  (15) Prohibition of access to records. If a domestic 
14 violence order of protection
prohibits respondent from 
15 having contact with the minor child,
or if petitioner's 
16 address is omitted under subsection (b) of
Section 112A-5 
17 of this Code, or if necessary to prevent abuse or wrongful 
18 removal or
concealment of a minor child, the order shall 
19 deny respondent access to, and
prohibit respondent from 
20 inspecting, obtaining, or attempting to
inspect or obtain, 
21 school or any other records of the minor child
who is in 
22 the care of petitioner.

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

2  (17) Order for injunctive relief. Enter injunctive 
3 relief necessary
or appropriate to prevent further abuse 
4 of a family or household member or
to effectuate one of the 
5 granted remedies, if supported by the balance of

6 hardships. If the harm to be prevented by the injunction 
7 is abuse or any
other harm that one of the remedies listed 
8 in paragraphs (1) through (16)
of this subsection is 
9 designed to prevent, no further evidence is necessary
to 
10 establish that the harm is an irreparable injury.

11  (18) Telephone services.
12   (A) Unless a condition described in subparagraph 
13 (B) of this paragraph exists, the court may, upon 
14 request by the petitioner, order a wireless telephone 
15 service provider to transfer to the petitioner the 
16 right to continue to use a telephone number or numbers 
17 indicated by the petitioner and the financial 
18 responsibility associated with the number or numbers, 
19 as set forth in subparagraph (C) of this paragraph. In 
20 this paragraph (18), the term "wireless telephone 
21 service provider" means a provider of commercial 
22 mobile service as defined in 47 U.S.C. 332. The 
23 petitioner may request the transfer of each telephone 
24 number that the petitioner, or a minor child in his or 
25 her custody, uses. The clerk of the court shall serve 
26 the order on the wireless telephone service provider's 
 
 
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1 agent for service of process provided to the Illinois 
2 Commerce Commission. The order shall contain all of 
3 the following: 
4    (i) The name and billing telephone number of 
5 the account holder including the name of the 
6 wireless telephone service provider that serves 
7 the account.
8    (ii) Each telephone number that will be 
9 transferred.
10    (iii) A statement that the provider transfers 
11 to the petitioner all financial responsibility for 
12 and right to the use of any telephone number 
13 transferred under this paragraph.
14   (B) A wireless telephone service provider shall 
15 terminate the respondent's use of, and shall transfer 
16 to the petitioner use of, the telephone number or 
17 numbers indicated in subparagraph (A) of this 
18 paragraph unless it notifies the petitioner, within 72 
19 hours after it receives the order, that one of the 
20 following applies:
21    (i) The account holder named in the order has 
22 terminated the account.
23    (ii) A difference in network technology would 
24 prevent or impair the functionality of a device on 
25 a network if the transfer occurs.
26    (iii) The transfer would cause a geographic or 
 
 
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1 other limitation on network or service provision 
2 to the petitioner.
3    (iv) Another technological or operational 
4 issue would prevent or impair the use of the 
5 telephone number if the transfer occurs.
6   (C) The petitioner assumes all financial 
7 responsibility for and right to the use of any 
8 telephone number transferred under this paragraph. In 
9 this paragraph, "financial responsibility" includes 
10 monthly service costs and costs associated with any 
11 mobile device associated with the number.
12   (D) A wireless telephone service provider may 
13 apply to the petitioner its routine and customary 
14 requirements for establishing an account or 
15 transferring a number, including requiring the 
16 petitioner to provide proof of identification, 
17 financial information, and customer preferences.

18   (E) Except for willful or wanton misconduct, a 
19 wireless telephone service provider is immune from 
20 civil liability for its actions taken in compliance 
21 with a court order issued under this paragraph.
22   (F) All wireless service providers that provide 
23 services to residential customers shall provide to the 
24 Illinois Commerce Commission the name and address of 
25 an agent for service of orders entered under this 
26 paragraph (18). Any change in status of the registered 
 
 
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1 agent must be reported to the Illinois Commerce 
2 Commission within 30 days of such change. 
3   (G) The Illinois Commerce Commission shall 
4 maintain the list of registered agents for service for 
5 each wireless telephone service provider on the 
6 Commission's website. The Commission may consult with 
7 wireless telephone service providers and the Circuit 
8 Court Clerks on the manner in which this information 
9 is provided and displayed. 
10 (c) Relevant factors; findings.

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

14 following:

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

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

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

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

6   (i) availability, accessibility, cost, safety, 
7 adequacy, location, and other
characteristics of 
8 alternate housing for each party and any minor child 
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 (c), the court shall make its 
16 findings in an official record or in
writing, and shall at 
17 a minimum 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 (c).

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

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

 
 
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1  (4) (Blank).

2  (5) Never married parties. No rights or 
3 responsibilities for a minor
child born outside of 
4 marriage attach to a putative father until a father and

5 child relationship has been established under the Illinois 
6 Parentage Act of
1984, the Illinois Parentage Act of 2015, 
7 the Illinois Public Aid Code, Section 12 of the Vital 
8 Records Act, the Juvenile Court Act of 1987, the Probate 
9 Act of 1975, the Uniform Interstate Family Support Act, 
10 the Expedited Child Support Act of 1990, any judicial, 
11 administrative, or other act of another state or 
12 territory, any other statute of this State, or by any 
13 foreign nation establishing the father and child 
14 relationship, any other proceeding substantially in 
15 conformity with the federal Personal Responsibility and 
16 Work Opportunity Reconciliation Act of 1996, or when both 
17 parties appeared in open court or at an administrative 
18 hearing acknowledging under oath or admitting by 
19 affirmation the existence of a father and child 
20 relationship. Absent such an adjudication, no putative 
21 father shall be granted
temporary allocation of parental 
22 responsibilities, including parenting time with the minor 
23 child, or
physical care
and possession of the minor child, 
24 nor shall
an order of payment for support of the minor 
25 child be entered.

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

3subsection (b) of this Section,
which may require such 
4balancing, the court's findings shall so
indicate and shall 
5include a finding as to whether granting the remedy will

6result in hardship to respondent that would substantially 
7outweigh the hardship
to petitioner
from denial of the remedy. 
8The findings shall be an official record or in
writing.

9 (e) Denial of remedies. Denial of any remedy shall not be 
10based, in
whole or in part, on evidence that:

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

14  (2) respondent was voluntarily intoxicated;

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

19  (4) petitioner did not act in self-defense or defense 
20 of another;

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

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

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

3(Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22; 
4102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)


5 Section 15. The Illinois Domestic Violence Act of 1986 is 
6amended by changing Section 214 as follows:



7 (750 ILCS 60/214) (from Ch. 40, par. 2312-14)

8 Sec. 214. Order of protection; remedies. 

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

14shall issue; provided that petitioner must also satisfy the 
15requirements of
one of the following Sections, as appropriate: 
16Section 217 on emergency
orders, Section 218 on interim 
17orders, or Section 219 on plenary orders.
Petitioner shall not 
18be denied an order of protection because petitioner or

19respondent is a minor. The court, when determining whether or 
20not to issue
an order of protection, shall not require 
21physical manifestations of abuse
on the person of the victim. 
22Modification and extension of prior
orders of protection shall 
23be in accordance with this Act.

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

5remedies listed in this subsection shall be in addition to 
6other civil or
criminal remedies available to petitioner.

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

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

19 including one owned or leased by respondent, if petitioner 
20 has a right to
occupancy thereof. The grant of exclusive 
21 possession of the residence, household, or premises shall 
22 not
affect title to real property, nor shall the court be 
23 limited by the standard
set forth in subsection (c-2) of 
24 Section 501 of the Illinois Marriage and Dissolution of 
25 Marriage
Act.

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

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

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

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

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

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

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

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

9 household.

10  (3) Stay away order and additional prohibitions.
Order 
11 respondent to stay away from petitioner or any other 
12 person
protected by the order of protection, or prohibit 
13 respondent from entering
or remaining present at 
14 petitioner's school, place of employment, or other

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

19 right to enter the premises.

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

24 protected persons, then the court may allow respondent 
25 access to the
residence to remove items of clothing 
26 and personal adornment
used exclusively by respondent, 
 
 
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1 medications, and other items as the court
directs. The 
2 right to access shall be exercised on only one 
3 occasion as the
court directs and in the presence of an 
4 agreed-upon adult third party or law
enforcement 
5 officer.

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

17 When a court orders a respondent to stay away from the 
18 public, private, or non-public school attended by the 
19 petitioner and the respondent requests a transfer to 
20 another attendance center within the respondent's 
21 school district or private or non-public school, the 
22 school district or private or non-public school shall 
23 have sole discretion to determine the attendance 
24 center to which the respondent is transferred.
In the 
25 event the court order results in a transfer of the 
26 minor respondent to another attendance center, a 
 
 
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1 change in the respondent's placement, or a change of 
2 the respondent's program, the parents, guardian, or 
3 legal custodian of the respondent is responsible for 
4 transportation and other costs associated with the 
5 transfer or change. 
6   (C) The court may order the parents, guardian, or 
7 legal custodian of a minor respondent to take certain 
8 actions or to refrain from taking certain actions to 
9 ensure that the respondent complies with the order. In 
10 the event the court orders a transfer of the 
11 respondent to another school, the parents, guardian, 
12 or legal custodian of the respondent is responsible 
13 for transportation and other costs associated with the 
14 change of school by the respondent. 
15  (4) Counseling. Require or recommend the respondent to 
16 undergo
counseling for a specified duration with a social 
17 worker, psychologist,
clinical psychologist, 
18 psychiatrist, family service agency, alcohol or
substance 
19 abuse program, mental health center guidance counselor, 
20 agency
providing services to elders, program designed for 
21 domestic violence
abusers or any other guidance service 
22 the court deems appropriate. The Court may order the 
23 respondent in any intimate partner relationship to report 
24 to an Illinois Department of Human Services protocol 
25 approved partner abuse intervention program for an 
26 assessment and to follow all recommended treatment. 

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

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

16  (6) Temporary allocation of parental responsibilities: 
17 significant decision-making. Award temporary 
18 decision-making responsibility to petitioner
in accordance 
19 with this Section, the Illinois Marriage and Dissolution 
20 of
Marriage Act, the Illinois Parentage Act of 2015, and 
21 this State's Uniform
Child-Custody Jurisdiction and 
22 Enforcement Act. 

23  If a court finds, after a hearing, that respondent has 
24 committed abuse (as
defined in Section 103) of a minor 
25 child, there shall be a rebuttable
presumption that 
26 awarding temporary significant decision-making 
 
 
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1 responsibility to respondent would not be in
the child's 
2 best interest.

3  (7) Parenting time. Determine the parenting time, if 
4 any, of respondent in
any case in which the court awards 
5 physical care or allocates temporary significant 
6 decision-making responsibility of
a minor child to 
7 petitioner. The court shall restrict or deny respondent's 
8 parenting time
with a minor child if the court finds that 
9 respondent has done or is
likely to do any of the 
10 following: (i) abuse or endanger the minor child during 
11 parenting time; (ii) use the parenting time as an 
12 opportunity to abuse or harass
petitioner or petitioner's 
13 family or household members; (iii) improperly
conceal or 
14 detain the minor child; or (iv) otherwise act in a manner 
15 that is
not in the best interests of the minor child. The 
16 court shall not be limited
by the standards set forth in 
17 Section 603.10 of the Illinois Marriage and
Dissolution of 
18 Marriage Act. If the court grants parenting time, the 
19 order shall
specify dates and times for the parenting time 
20 to take place or other specific
parameters or conditions 
21 that are appropriate. No order for parenting time shall

22 refer merely to the term "reasonable parenting time".

23  Petitioner may deny respondent access to the minor 
24 child if, when
respondent arrives for parenting time, 
25 respondent is under the influence of drugs
or alcohol and 
26 constitutes a threat to the safety and well-being of

 
 
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1 petitioner or petitioner's minor children or is behaving 
2 in a violent or
abusive manner.

3  If necessary to protect any member of petitioner's 
4 family or
household from future abuse, respondent shall be 
5 prohibited from coming to
petitioner's residence to meet 
6 the minor child for parenting time, and the
parties shall 
7 submit to the court their recommendations for reasonable

8 alternative arrangements for parenting time. A person may 
9 be approved to
supervise parenting time only after filing 
10 an affidavit accepting
that responsibility and 
11 acknowledging accountability to the court.

12  (8) Removal or concealment of minor child. Prohibit 
13 respondent from
removing a minor child from the State or 
14 concealing the child within the State.


15  (9) Order to appear. Order the respondent to appear in 
16 court, alone
or with a minor child, to prevent abuse, 
17 neglect, removal or concealment of
the child, to return 
18 the child to the custody or care of the petitioner or
to 
19 permit any court-ordered interview or examination of the 
20 child or the
respondent.

21  (10) Possession of personal property. Grant petitioner 
22 exclusive
possession of personal property and, if 
23 respondent has possession or
control, direct respondent to 
24 promptly make it available to petitioner, if:

25   (i) petitioner, but not respondent, owns the 
26 property; or

 
 
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1   (ii) the parties own the property jointly; sharing 
2 it would risk
abuse of petitioner by respondent or is 
3 impracticable; and the balance of
hardships favors 
4 temporary possession by petitioner.

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

12  No order under this provision shall affect title to 
13 property.

14  (11) Protection of property. Forbid the respondent 
15 from taking,
transferring, encumbering, concealing, 
16 damaging or otherwise disposing of
any real or personal 
17 property, except as explicitly authorized by the
court, 
18 if:

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

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

23  If petitioner's sole claim to ownership of the 
24 property is that it is
marital property, the court may 
25 grant petitioner relief under subparagraph
(ii) of this 
26 paragraph only if a proper proceeding has been filed under 
 
 
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1 the
Illinois Marriage and Dissolution of Marriage Act, as 
2 now or hereafter amended.

3  The court may further prohibit respondent from 
4 improperly using the
financial or other resources of an 
5 aged member of the family or household
for the profit or 
6 advantage of respondent or of any other person.

7  (11.5) Protection of animals. Grant the petitioner the 
8 exclusive care, custody, or control of any animal owned, 
9 possessed, leased, kept, or held by either the petitioner 
10 or the respondent or a minor child residing in the 
11 residence or household of either the petitioner or the 
12 respondent and order the respondent to stay away from the 
13 animal and forbid the respondent from taking, 
14 transferring, encumbering, concealing, harming, or 
15 otherwise disposing of the animal.

16  (12) Order for payment of support. Order respondent to 
17 pay temporary
support for the petitioner or any child in 
18 the petitioner's care or over whom the petitioner has been 
19 allocated parental responsibility, when the respondent has 
20 a legal obligation to support that person,
in accordance 
21 with the Illinois Marriage and Dissolution
of Marriage 
22 Act, which shall govern, among other matters, the amount 
23 of
support, payment through the clerk and withholding of 
24 income to secure
payment. An order for child support may 
25 be granted to a petitioner with
lawful physical care of a 
26 child, or an order or agreement for
physical care of a 
 
 
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1 child, prior to entry of an order allocating significant 
2 decision-making responsibility.
Such a support order shall 
3 expire upon entry of a valid order allocating parental 
4 responsibility differently and vacating the petitioner's 
5 significant decision-making authority, unless otherwise 
6 provided in the order.

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

11 earnings or other support, repair or replacement of 
12 property damaged or taken,
reasonable attorney's fees, 
13 court costs and moving or other travel expenses,
including 
14 additional reasonable expenses for temporary shelter and 
15 restaurant
meals.

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

25   (ii) Recovery of expenses. In the case of an 
26 improper concealment
or removal of a minor child, the 
 
 
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1 court may order respondent to pay the
reasonable 
2 expenses incurred or to be incurred in the search for 
3 and recovery
of the minor child, including but not 
4 limited to legal fees, court costs,
private 
5 investigator fees, and travel costs.

6  (14) Prohibition of entry. Prohibit the respondent 
7 from entering or
remaining in the residence or household 
8 while the respondent is under the
influence of alcohol or 
9 drugs and constitutes a threat to the safety and

10 well-being of the petitioner or the petitioner's children.

11  (14.5) Prohibition of firearm possession.

12   (a) Prohibit a respondent against whom an order of 
13 protection was issued from possessing any firearms 
14 during the duration of the order if the order:
15    (1) (blank); was issued after a hearing of 
16 which such person received
actual notice, and at 
17 which such person had an opportunity to

18 participate;
19    (2) restrains such person from abusing the 
20 petitioner as defined in this Act harassing, 
21 stalking, or
threatening an intimate partner of 
22 such person or child of such
intimate partner or 
23 person, or engaging in other conduct that
would 
24 place an intimate partner in reasonable fear of 
25 bodily
injury to the partner or child; and
26    (3)(i) includes a finding that such person 
 
 
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1 represents a
credible threat to the physical 
2 safety of the petitioner such intimate partner
or 
3 child; or
(ii) by its terms explicitly prohibits 
4 the use, attempted
use, or threatened use of 
5 physical force against the petitioner such 
6 intimate
partner or child that would reasonably be 
7 expected to cause
bodily injury.
8   (a-1) Except as provided in subparagraph (b), any 
9 Any Firearm Owner's Identification Card in the

10 possession of the respondent, except as provided in 
11 subsection (b), shall be ordered by the court to be 
12 turned
over to the local law enforcement agency and 
13 the respondent shall be prohibited from acquiring or 
14 possessing any firearms for the duration of the order 
15 of protection. The local law enforcement agency shall 
16 immediately mail the card to the Illinois State Police 
17 Firearm Owner's Identification Card Office
for 
18 safekeeping. 
19   (a-2) Immediately upon entry of the order of 
20 protection prohibiting firearm possession under this 
21 Section, the The court shall
issue a warrant for 
22 seizure of any firearm in the possession of the 
23 respondent, to be kept by the local law enforcement 
24 agency for safekeeping, except as provided in 
25 subparagraph subsection (b). The petitioner's general 
26 description of the firearm or firearms and their 
 
 
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1 location shall be sufficient to support issuing a 
2 warrant.
The period of safekeeping shall be for the 
3 duration of the order of protection. 
4   (a-3) Notwithstanding the issuance of a warrant 
5 under subparagraph (a-2), the respondent shall be 
6 ordered to immediately surrender any firearms to the 
7 appropriate law enforcement agency and prohibited from 
8 transferring firearms to another individual in lieu of 
9 surrender to law enforcement.
10   (a-4) The relevant law enforcement agency shall 
11 provide a statement of receipt of any firearm seized 
12 or surrendered with a description of any firearm 
13 seized or surrendered to the respondent and the court. 
14 This statement of receipt shall be prima facie 
15 evidence of compliance with an order to surrender 
16 firearms. 
17   (a-5) The firearm or firearms and Firearm Owner's 
18 Identification Card, if unexpired, shall at the 
19 respondent's request, be returned to the respondent at 
20 the end
of the order of protection. It is the 
21 respondent's responsibility to notify the Illinois 
22 State Police Firearm Owner's Identification Card 
23 Office of the end of the order of protection. 

24   (b) If the respondent is a peace officer as 
25 defined in Section 2-13 of
the
Criminal Code of 2012, 
26 the court shall order that any firearms used by the

 
 
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1 respondent in the performance of his or her duties as a

2 peace officer be surrendered to
the chief law 
3 enforcement executive of the agency in which the 
4 respondent is
employed, who shall retain the firearms 
5 for safekeeping for the duration of the order of 
6 protection.

7   (c) Upon expiration of the period of safekeeping, 
8 if the firearms or Firearm Owner's Identification Card 
9 cannot be returned to respondent because respondent 
10 cannot be located, fails to respond to requests to 
11 retrieve the firearms, or is not lawfully eligible to 
12 possess a firearm, upon petition from the local law 
13 enforcement agency, the court may order the local law 
14 enforcement agency to destroy the firearms, use the 
15 firearms for training purposes, or for any other 
16 application as deemed appropriate by the local law 
17 enforcement agency; or that the firearms be turned 
18 over to a third party who is lawfully eligible to 
19 possess firearms, and who does not reside with 
20 respondent. 
21  (14.6) Prohibition of firearm possession; emergency 
22 orders. Prohibit a respondent against whom an order of 
23 protection was issued from possessing any firearms during 
24 the duration of the order as set forth in paragraph (14.5) 
25 if the prerequisites in subsection (a) of Section 217 are 
26 satisfied. 
 
 
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1  (15) Prohibition of access to records. If an order of 
2 protection
prohibits respondent from having contact with 
3 the minor child,
or if petitioner's address is omitted 
4 under subsection (b) of
Section 203, or if necessary to 
5 prevent abuse or wrongful removal or
concealment of a 
6 minor child, the order shall deny respondent access to, 
7 and
prohibit respondent from inspecting, obtaining, or 
8 attempting to
inspect or obtain, school or any other 
9 records of the minor child
who is in the care of 
10 petitioner.

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

16  (17) Order for injunctive relief. Enter injunctive 
17 relief necessary
or appropriate to prevent further abuse 
18 of a family or household member
or further abuse, neglect, 
19 or exploitation of a high-risk adult with
disabilities or 
20 to effectuate one of the granted remedies, if supported by 
21 the
balance of hardships. If the harm to be prevented by 
22 the injunction is abuse
or any other harm that one of the 
23 remedies listed in paragraphs (1) through
(16) of this 
24 subsection is designed to prevent, no further evidence is

25 necessary 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. 
9 For purposes of this paragraph (18), the term 
10 "wireless telephone service provider" means a provider 
11 of commercial mobile service as defined in 47 U.S.C. 
12 332. The petitioner may request the transfer of each 
13 telephone number that the petitioner, or a minor child 
14 in his or her custody, uses. The clerk of the court 
15 shall serve the order on the wireless telephone 
16 service provider's agent for service of process 
17 provided to the Illinois Commerce Commission. The 
18 order shall contain all of 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, neglect 
6 or exploitation of the petitioner or
any family or 
7 household member, including the concealment of his or 
8 her
location in order to evade service of process or 
9 notice, and the likelihood of
danger of future abuse, 
10 neglect, or exploitation to petitioner or any member 
11 of
petitioner's or respondent's family or household; 
12 and

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

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

22   (i) availability, accessibility, cost, safety, 
23 adequacy, location and
other characteristics of 
24 alternate housing for each party and any minor child

25 or dependent adult in the party's care;

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

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

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

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

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

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

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

22  When a verified petition for an emergency order of 
23 protection in
accordance with the requirements of Sections 
24 203 and 217 is
presented to the court, the court shall 
25 examine petitioner on oath or
affirmation. An emergency 
26 order of protection shall be issued by the court
if it 
 
 
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1 appears from the contents of the petition and the 
2 examination of
petitioner that the averments are 
3 sufficient to indicate abuse by
respondent and to support 
4 the granting of relief under the issuance of the
emergency 
5 order of protection.

6  (5) Never married parties. No rights or 
7 responsibilities for a minor
child born outside of 
8 marriage attach to a putative father until a father and

9 child relationship has been established under the Illinois 
10 Parentage Act of
1984, the Illinois Parentage Act of 2015, 
11 the Illinois Public Aid Code, Section 12 of the Vital 
12 Records Act, the
Juvenile Court Act of 1987, the Probate 
13 Act of 1975, the Revised Uniform
Reciprocal Enforcement of 
14 Support Act, the Uniform Interstate Family Support
Act, 
15 the Expedited Child Support Act of 1990, any judicial, 
16 administrative, or
other act of another state or 
17 territory, any other Illinois statute, or by any
foreign 
18 nation establishing the father and child relationship, any 
19 other
proceeding substantially in conformity with the 
20 Personal Responsibility and
Work Opportunity 
21 Reconciliation Act of 1996 (Pub. L. 104-193), or where 
22 both
parties appeared in open court or at an 
23 administrative hearing acknowledging
under
oath or 
24 admitting by affirmation the existence of a father and 
25 child
relationship.
Absent such an adjudication, finding, 
26 or acknowledgment, no putative
father shall be granted

 
 
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1 temporary allocation of parental responsibilities, 
2 including parenting time with the minor child, or
physical 
3 care and possession of the minor child, nor shall an order 
4 of payment
for support of the minor child be entered.

5 (d) Balance of hardships; findings. If the court finds 
6that the balance
of hardships does not support the granting of 
7a remedy governed by
paragraph (2), (3), (10), (11), or (16) of 
8subsection (b) of this Section,
which may require such 
9balancing, the court's findings shall so
indicate and shall 
10include a finding as to whether granting the remedy will

11result in hardship to respondent that would substantially 
12outweigh the hardship
to petitioner from denial of the remedy. 
13The findings shall be an official
record or in writing.

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

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

19  (2) Respondent was voluntarily intoxicated;

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

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

26  (5) Petitioner left the residence or household to 
 
 
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1 avoid further abuse,
neglect, or exploitation by 
2 respondent;

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

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

11(Source: P.A. 102-538, eff. 8-20-21.)".