98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB5770
 
Introduced , by Rep. David Harris
 
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 in issuing an order of protection, the court may restrain a party from cashing, borrowing against, canceling, transferring, disposing of, or changing the beneficiaries of any insurance or other coverage held for the benefit of the parties or a child or children of the parties for whom support may be ordered, or both.



LRB098 14162 HEP 48752 b


 
 
A BILL FOR
 


HB5770LRB098 14162 HEP 48752 b



1 AN ACT concerning civil law.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



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




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


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

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

16respondent is a minor. The court, when determining whether or 
17not to issue
an order of protection, shall not require physical 
18manifestations of abuse
on the person of the victim. 
19Modification and extension of prior orders of
protection shall 
20be in accordance with this Article.

21 (b) Remedies and standards. The remedies to be included in 
22an order of
protection shall be determined in accordance with 
23this Section and one of
the following Sections, as appropriate: 
 
 
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1Section 112A-17 on
emergency orders,
Section 112A-18 on interim 
2orders, and Section 112A-19 on
plenary orders.
The remedies 
3listed in this subsection shall be in addition to other civil

4or criminal remedies available to petitioner.


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

9 occurred or otherwise appears likely to occur if not 
10 prohibited.


11  (2) Grant of exclusive possession of residence. 
12 Prohibit respondent
from entering or remaining in any 
13 residence, household, or premises of the petitioner,

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


20   (A) Right to occupancy. A party has a right to 
21 occupancy of a
residence or household if it is
solely 
22 or jointly owned or leased by that party, that party's 
23 spouse, a
person with a legal duty to support that 
24 party or a minor child in that
party's care, or by any 
25 person or entity other than the opposing party that

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


3   (B) Presumption of hardships. If petitioner and 
4 respondent
each has the right to occupancy of a 
5 residence or household, the court
shall balance (i) the 
6 hardships to respondent and any minor child or

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

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

17 Hardships need not be balanced if respondent does not 
18 have a right to occupancy.


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


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

6 protected by the order of protection, or prohibit 
7 respondent from entering
or remaining present at 
8 petitioner's school, place of employment, or other

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


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


24  (4) Counseling. Require or recommend the respondent to 
25 undergo
counseling for a specified duration with a social 
26 worker, psychologist,
clinical psychologist, psychiatrist, 
 
 
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1 family service agency, alcohol or
substance abuse program, 
2 mental health center guidance counselor, agency
providing 
3 services to elders, program designed for domestic violence

4 abusers or any other guidance service the court deems 
5 appropriate. The court may order the respondent in any 
6 intimate partner relationship to report to an Illinois 
7 Department of Human Services protocol approved partner 
8 abuse intervention program for an assessment and to follow 
9 all recommended treatment. 


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


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


25  (6) Temporary legal custody.
Award temporary legal 
26 custody to petitioner in accordance with this Section,
the 
 
 
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1 Illinois Marriage
and Dissolution of Marriage Act, the 
2 Illinois Parentage Act of 1984,
and this State's Uniform 
3 Child-Custody
Jurisdiction and Enforcement Act. 


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


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

25 specific parameters or conditions that are appropriate. No 
26 order for
visitation shall refer merely to the term 
 
 
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1 "reasonable visitation".


2  Petitioner may deny respondent access to the minor 
3 child if, when
respondent arrives for visitation, 
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 in 
7 a violent or abusive manner.


8  If necessary to protect any member of petitioner's 
9 family or
household from future abuse, respondent shall be 
10 prohibited from coming to
petitioner's residence to meet 
11 the minor child for visitation, and the
parties shall 
12 submit to the court their recommendations for reasonable

13 alternative arrangements for visitation. A person may be 
14 approved to
supervise visitation only after filing an 
15 affidavit accepting
that responsibility and acknowledging 
16 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 the 
23 child to the custody or care of the petitioner or
to permit 
24 any court-ordered interview or examination of the child or 
25 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 parties own the property jointly; sharing 
7 it would risk
abuse of petitioner by respondent or is 
8 impracticable; and the balance of
hardships favors 
9 temporary possession by petitioner.


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


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


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


23   (i) petitioner, but not respondent, owns the 
24 property; or


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


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

7  The court may restrain a party from cashing, borrowing 
8 against, canceling, transferring, disposing of, or 
9 changing the beneficiaries of any insurance or other 
10 coverage held for the benefit of the parties or a child or 
11 children of the parties for whom support may be ordered, or 
12 both. 

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

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


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

6 support, payment through the clerk and withholding of 
7 income to secure
payment. An order for child support may be 
8 granted to a petitioner with
lawful physical care or 
9 custody of a child, or an order or agreement for
physical 
10 care or custody, prior to entry of an order for legal 
11 custody.
Such a support order shall expire upon entry of a 
12 valid order granting
legal custody to another, unless 
13 otherwise provided in the custody 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 other 
20 travel expenses, including
additional reasonable expenses 
21 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
well-being 
16 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 order of 
19 protection, interim order of protection, emergency 
20 order of protection, or plenary order of protection, 
21 issued under this Code may not lawfully possess weapons 
22 under Section 8.2 of the Firearm Owners Identification 
23 Card Act.
24   (B) Any firearms in the
possession of the 
25 respondent, except as provided in subparagraph (C) of 
26 this paragraph (14.5), shall be ordered by the court to 
 
 
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1 be turned
over to a person with a valid Firearm Owner's 
2 Identification Card for safekeeping. The court shall 
3 issue an order that the respondent's Firearm Owner's 
4 Identification Card be turned over to the local law 
5 enforcement agency, which in turn shall immediately 
6 mail the card to the Department of State Police Firearm 
7 Owner's Identification Card Office for safekeeping.

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

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

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

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

14 prohibit respondent from inspecting, obtaining, or 
15 attempting to
inspect or obtain, school or any other 
16 records of the minor child
who is in the care of 
17 petitioner.


18  (16) Order for payment of shelter services. Order 
19 respondent to
reimburse a shelter providing temporary 
20 housing and counseling services to
the petitioner for the 
21 cost of the services, as certified by the shelter
and 
22 deemed reasonable by the court.


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

6 (c) Relevant factors; findings.


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

10 following:


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

17 any member of petitioner's or respondent's family or 
18 household; and


19   (ii) the danger that any minor child will be abused 
20 or neglected or
improperly removed from the 
21 jurisdiction, improperly concealed within the
State or 
22 improperly separated from the child's primary 
23 caretaker.


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


2   (i) availability, accessibility, cost, safety, 
3 adequacy, location and other
characteristics of 
4 alternate housing for each party and any minor child or

5 dependent adult in the party's care;


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


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


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


14   (i) That the court has considered the applicable 
15 relevant factors
described in paragraphs (1) and (2) of 
16 this subsection.


17   (ii) Whether the conduct or actions of respondent, 
18 unless
prohibited, will likely cause irreparable harm 
19 or continued abuse.


20   (iii) Whether it is necessary to grant the 
21 requested relief in order
to protect petitioner or 
22 other alleged abused persons.


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

 
 
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1 the following procedure:


2  When a verified petition for an emergency order of 
3 protection in
accordance with the requirements of Sections 
4 112A-5 and 112A-17 is
presented to the court, the court 
5 shall examine petitioner on oath or
affirmation. An 
6 emergency order of protection shall be issued by the court

7 if it appears from the contents of the petition and the 
8 examination of
petitioner that the averments are 
9 sufficient to indicate abuse by
respondent and to support 
10 the granting of relief under the issuance of the
emergency 
11 order of protection.


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

21 (d) Balance of hardships; findings. If the court finds that 
22the balance
of hardships does not support the granting of a 
23remedy governed by
paragraph (2), (3), (10), (11), or (16) of

24subsection (b) of this Section,
which may require such 
25balancing, the court's findings shall so
indicate and shall 
26include a finding as to whether granting the remedy will
result 
 
 
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1in hardship to respondent that would substantially outweigh the 
2hardship
to petitioner
from denial of the remedy. The findings 
3shall be an official record or in
writing.

4 (e) Denial of remedies. Denial of any remedy shall not be 
5based, in
whole or in part, on evidence that:


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


9  (2) Respondent was voluntarily intoxicated;


10  (3) Petitioner acted in self-defense or defense of 
11 another, provided
that, if petitioner utilized force, such 
12 force was justifiable under
Article 7 of the Criminal Code 
13 of 2012; 


14  (4) Petitioner did not act in self-defense or defense 
15 of another;


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


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


20  (7) Conduct by any family or household member excused 
21 the abuse by
respondent, unless that same conduct would 
22 have excused such abuse if the
parties had not been family 
23 or household members.

24(Source: P.A. 97-158, eff. 1-1-12; 97-1131, eff. 1-1-13; 
2597-1150, eff. 1-25-13; 98-63, eff. 7-9-13.)


 
 
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1 Section 10. The Illinois Domestic Violence Act of 1986 is 
2amended by changing Section 214 as follows:




3 (750 ILCS 60/214) (from Ch. 40, par. 2312-14)


4 Sec. 214. Order of protection; remedies. 

5 (a) Issuance of order. If the court finds that petitioner 
6has been
abused by a family or household member or that 
7petitioner is a high-risk
adult who has been abused, neglected, 
8or exploited, as defined in this Act,
an order of protection 
9prohibiting the abuse, neglect, or exploitation
shall issue; 
10provided that petitioner must also satisfy the requirements of

11one of the following Sections, as appropriate: Section 217 on 
12emergency
orders, Section 218 on interim orders, or Section 219 
13on plenary orders.
Petitioner shall not be denied an order of 
14protection because petitioner or
respondent is a minor. The 
15court, when determining whether or not to issue
an order of 
16protection, shall not require physical manifestations of abuse

17on the person of the victim. Modification and extension of 
18prior
orders of protection shall be in accordance with this 
19Act.

20 (b) Remedies and standards. The remedies to be included in 
21an order of
protection shall be determined in accordance with 
22this Section and one of
the following Sections, as appropriate: 
23Section 217 on emergency orders,
Section 218 on interim orders, 
24and Section 219 on plenary orders. The
remedies listed in this 
25subsection shall be in addition to other civil or
criminal 
 
 
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1remedies available to petitioner.


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


11  (2) Grant of exclusive possession of residence. 
12 Prohibit respondent from
entering or remaining in any 
13 residence, household, or premises of the petitioner,

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


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

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


3   (B) Presumption of hardships. If petitioner and 
4 respondent
each has the right to occupancy of a 
5 residence or household, the court
shall balance (i) the 
6 hardships to respondent and any minor child or

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

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

17 Hardships need not be balanced if respondent does not 
18 have a right to
occupancy.


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

26 motion, may order respondent to provide suitable, 
 
 
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1 accessible, alternate housing
for petitioner instead 
2 of excluding respondent from a mutual residence or

3 household.


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

6 protected by the order of protection, or prohibit 
7 respondent from entering
or remaining present at 
8 petitioner's school, place of employment, or other

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

13 right to enter the premises.

14   (A) If an order of protection grants petitioner 
15 exclusive possession
of the residence, or prohibits 
16 respondent from entering the residence,
or orders 
17 respondent to stay away from petitioner or other

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

26   (B) When the petitioner and the respondent attend 
 
 
HB5770- 22 -LRB098 14162 HEP 48752 b


1 the same public, private, or non-public elementary, 
2 middle, or high school, the court when issuing an order 
3 of protection and providing relief shall consider the 
4 severity of the act, any continuing physical danger or 
5 emotional distress to the petitioner, the educational 
6 rights guaranteed to the petitioner and respondent 
7 under federal and State law, the availability of a 
8 transfer of the respondent to another school, a change 
9 of placement or a change of program of the respondent, 
10 the expense, difficulty, and educational disruption 
11 that would be caused by a transfer of the respondent to 
12 another school, and any other relevant facts of the 
13 case. The court may order that the respondent not 
14 attend the public, private, or non-public elementary, 
15 middle, or high school attended by the petitioner, 
16 order that the respondent accept a change of placement 
17 or change of program, as determined by the school 
18 district or private or non-public school, or place 
19 restrictions on the respondent's movements within the 
20 school attended by the petitioner.
The respondent 
21 bears the burden of proving by a preponderance of the 
22 evidence that a transfer, change of placement, or 
23 change of program of the respondent is not available. 
24 The respondent also bears the burden of production with 
25 respect to the expense, difficulty, and educational 
26 disruption that would be caused by a transfer of the 
 
 
HB5770- 23 -LRB098 14162 HEP 48752 b


1 respondent to another school. A transfer, change of 
2 placement, or change of program is not unavailable to 
3 the respondent solely on the ground that the respondent 
4 does not agree with the school district's or private or 
5 non-public school's transfer, change of placement, or 
6 change of program or solely on the ground that the 
7 respondent fails or refuses to consent or otherwise 
8 does not take an action required to effectuate a 
9 transfer, change of placement, or change of program.

10 When a court orders a respondent to stay away from the 
11 public, private, or non-public school attended by the 
12 petitioner and the respondent requests a transfer to 
13 another attendance center within the respondent's 
14 school district or private or non-public school, the 
15 school district or private or non-public school shall 
16 have sole discretion to determine the attendance 
17 center to which the respondent is transferred.
In the 
18 event the court order results in a transfer of the 
19 minor respondent to another attendance center, a 
20 change in the respondent's placement, or a change of 
21 the respondent's program, the parents, guardian, or 
22 legal custodian of the respondent is responsible for 
23 transportation and other costs associated with the 
24 transfer or change. 
25   (C) The court may order the parents, guardian, or 
26 legal custodian of a minor respondent to take certain 
 
 
HB5770- 24 -LRB098 14162 HEP 48752 b


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

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

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


20  (5) Physical care and possession of the minor child. In 
21 order to protect
the minor child from abuse, neglect, or 
22 unwarranted separation from the person
who has been the 
23 minor child's primary caretaker, or to otherwise protect 
24 the
well-being of the minor child, the court may do either 
25 or both of the
following: (i) grant petitioner physical 
26 care or possession of the minor child,
or both, or (ii) 
 
 
HB5770- 25 -LRB098 14162 HEP 48752 b


1 order respondent to return a minor child to, or not remove 
2 a
minor child from, the physical care of a parent or person 
3 in loco parentis.


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


9  (6) Temporary legal custody. Award temporary legal 
10 custody to petitioner
in accordance with this Section, the 
11 Illinois Marriage and Dissolution of
Marriage Act, the 
12 Illinois Parentage Act of 1984, and this State's Uniform

13 Child-Custody Jurisdiction and Enforcement Act. 


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


19  (7) Visitation. Determine the visitation rights, if 
20 any, of respondent in
any case in which the court awards 
21 physical care or temporary legal custody of
a minor child 
22 to petitioner. The court shall restrict or deny 
23 respondent's
visitation with a minor child if the court 
24 finds that respondent has done or is
likely to do any of 
25 the following: (i) abuse or endanger the minor child during

26 visitation; (ii) use the visitation as an opportunity to 
 
 
HB5770- 26 -LRB098 14162 HEP 48752 b


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


12  Petitioner may deny respondent access to the minor 
13 child if, when
respondent arrives for visitation, 
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 in 
17 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 visitation, and the
parties shall 
22 submit to the court their recommendations for reasonable

23 alternative arrangements for visitation. A person may be 
24 approved to
supervise visitation only after filing an 
25 affidavit accepting
that responsibility and acknowledging 
26 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 the 
7 child to the custody or care of the petitioner or
to permit 
8 any court-ordered interview or examination of the child or 
9 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 property 
21 is that it is
marital property, the court may award 
22 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, if:


7   (i) petitioner, but not respondent, owns the 
8 property; or


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


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

17  The court may restrain a party from cashing, borrowing 
18 against, canceling, transferring, disposing of, or 
19 changing the beneficiaries of any insurance or other 
20 coverage held for the benefit of the parties or a child or 
21 children of the parties for whom support may be ordered, or 
22 both. 

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

 
 
HB5770- 29 -LRB098 14162 HEP 48752 b


1  (11.5) Protection of animals. Grant the petitioner the 
2 exclusive care, custody, or control of any animal owned, 
3 possessed, leased, kept, or held by either the petitioner 
4 or the respondent or a minor child residing in the 
5 residence or household of either the petitioner or the 
6 respondent and order the respondent to stay away from the 
7 animal and forbid the respondent from taking, 
8 transferring, encumbering, concealing, harming, or 
9 otherwise disposing of the animal.


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

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


24  (13) Order for payment of losses. Order respondent to 
25 pay petitioner for
losses suffered as a direct result of 
26 the abuse, neglect, or exploitation.
Such losses shall 
 
 
HB5770- 30 -LRB098 14162 HEP 48752 b


1 include, but not be limited to, medical expenses, lost

2 earnings or other support, repair or replacement of 
3 property damaged or taken,
reasonable attorney's fees, 
4 court costs and moving or other travel expenses,
including 
5 additional reasonable expenses for temporary shelter and 
6 restaurant
meals.


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


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


23  (14) Prohibition of entry. Prohibit the respondent 
24 from entering or
remaining in the residence or household 
25 while the respondent is under the
influence of alcohol or 
26 drugs and constitutes a threat to the safety and
well-being 
 
 
HB5770- 31 -LRB098 14162 HEP 48752 b


1 of the petitioner or the petitioner's children.


2  (14.5) Prohibition of firearm possession.


3   (a) Prohibit a respondent against whom an order of 
4 protection was issued from possessing any firearms 
5 during the duration of the order if the order:
6    (1) was issued after a hearing of which such 
7 person received
actual notice, and at which such 
8 person had an opportunity to
participate;
9    (2) restrains such person from harassing, 
10 stalking, or
threatening an intimate partner of 
11 such person or child of such
intimate partner or 
12 person, or engaging in other conduct that
would 
13 place an intimate partner in reasonable fear of 
14 bodily
injury to the partner or child; and
15    (3)(i) includes a finding that such person 
16 represents a
credible threat to the physical 
17 safety of such intimate partner
or child; or
(ii) 
18 by its terms explicitly prohibits the use, 
19 attempted
use, or threatened use of physical force 
20 against such intimate
partner or child that would 
21 reasonably be expected to cause
bodily injury.
22  Any Firearm Owner's Identification Card in the

23 possession of the respondent, except as provided in 
24 subsection (b), shall be ordered by the court to be 
25 turned
over to the local law enforcement agency. The 
26 local law enforcement agency shall immediately mail 
 
 
HB5770- 32 -LRB098 14162 HEP 48752 b


1 the card to the Department of State Police Firearm 
2 Owner's Identification Card Office
for safekeeping. 
3 The court shall
issue a warrant for seizure of any 
4 firearm in the possession of the respondent, to be kept 
5 by the local law enforcement agency for safekeeping, 
6 except as provided in subsection (b).
The period of 
7 safekeeping shall be for the duration of the order of 
8 protection. The firearm or firearms and Firearm 
9 Owner's Identification Card, if unexpired, shall at 
10 the respondent's request, be returned to the 
11 respondent at the end
of the order of protection. It is 
12 the respondent's responsibility to notify the 
13 Department of State Police Firearm Owner's 
14 Identification Card Office. 


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

23   (c) Upon expiration of the period of safekeeping, 
24 if the firearms or Firearm Owner's Identification Card 
25 cannot be returned to respondent because respondent 
26 cannot be located, fails to respond to requests to 
 
 
HB5770- 33 -LRB098 14162 HEP 48752 b


1 retrieve the firearms, or is not lawfully eligible to 
2 possess a firearm, upon petition from the local law 
3 enforcement agency, the court may order the local law 
4 enforcement agency to destroy the firearms, use the 
5 firearms for training purposes, or for any other 
6 application as deemed appropriate by the local law 
7 enforcement agency; or that the firearms be turned over 
8 to a third party who is lawfully eligible to possess 
9 firearms, and who does not reside with respondent. 

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

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


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


25  (17) Order for injunctive relief. Enter injunctive 
26 relief necessary
or appropriate to prevent further abuse of 
 
 
HB5770- 34 -LRB098 14162 HEP 48752 b


1 a family or household member
or further abuse, neglect, or 
2 exploitation of a high-risk adult with
disabilities or to 
3 effectuate one of the granted remedies, if supported by the

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

8 necessary that the harm is an irreparable injury.

9 (c) Relevant factors; findings.


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

12 relevant factors, including but not limited to the 
13 following:


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

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


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


 
 
HB5770- 35 -LRB098 14162 HEP 48752 b


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


5   (i) availability, accessibility, cost, safety, 
6 adequacy, location and
other characteristics of 
7 alternate housing for each party and any minor child
or 
8 dependent adult in the party's care;


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


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


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


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


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


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


26  (4) For purposes of issuing an ex parte emergency order 
 
 
HB5770- 36 -LRB098 14162 HEP 48752 b


1 of protection,
the court, as an alternative to or as a 
2 supplement to making the findings
described in paragraphs 
3 (c)(3)(i) through (c)(3)(iii) of this subsection, may
use 
4 the following procedure:


5  When a verified petition for an emergency order of 
6 protection in
accordance with the requirements of Sections 
7 203 and 217 is
presented to the court, the court shall 
8 examine petitioner on oath or
affirmation. An emergency 
9 order of protection shall be issued by the court
if it 
10 appears from the contents of the petition and the 
11 examination of
petitioner that the averments are 
12 sufficient to indicate abuse by
respondent and to support 
13 the granting of relief under the issuance of the
emergency 
14 order of protection.


15  (5) Never married parties. No rights or 
16 responsibilities for a minor
child born outside of marriage 
17 attach to a putative father until a father and
child 
18 relationship has been established under the Illinois 
19 Parentage Act of
1984, the Illinois Public Aid Code, 
20 Section 12 of the Vital Records Act, the
Juvenile Court Act 
21 of 1987, the Probate Act of 1985, the Revised Uniform

22 Reciprocal Enforcement of Support Act, the Uniform 
23 Interstate Family Support
Act, the Expedited Child Support 
24 Act of 1990, any judicial, administrative, or
other act of 
25 another state or territory, any other Illinois statute, or 
26 by any
foreign nation establishing the father and child 
 
 
HB5770- 37 -LRB098 14162 HEP 48752 b


1 relationship, any other
proceeding substantially in 
2 conformity with the Personal Responsibility and
Work 
3 Opportunity Reconciliation Act of 1996 (Pub. L. 104-193), 
4 or where both
parties appeared in open court or at an 
5 administrative hearing acknowledging
under
oath or 
6 admitting by affirmation the existence of a father and 
7 child
relationship.
Absent such an adjudication, finding, 
8 or acknowledgement, no putative
father shall be granted

9 temporary custody of the minor child, visitation with the 
10 minor child, or
physical care and possession of the minor 
11 child, nor shall an order of payment
for support of the 
12 minor child be entered.

13 (d) Balance of hardships; findings. If the court finds that 
14the balance
of hardships does not support the granting of a 
15remedy governed by
paragraph (2), (3), (10), (11), or (16) of 
16subsection (b) of this Section,
which may require such 
17balancing, the court's findings shall so
indicate and shall 
18include a finding as to whether granting the remedy will
result 
19in hardship to respondent that would substantially outweigh the 
20hardship
to petitioner from denial of the remedy. The findings 
21shall be an official
record or in writing.

22 (e) Denial of remedies. Denial of any remedy shall not be 
23based, in
whole or in part, on evidence that:


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


 
 
HB5770- 38 -LRB098 14162 HEP 48752 b


1  (2) Respondent was voluntarily intoxicated;


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


6  (4) Petitioner did not act in self-defense or defense 
7 of another;


8  (5) Petitioner left the residence or household to avoid 
9 further abuse,
neglect, or exploitation by respondent;


10  (6) Petitioner did not leave the residence or household 
11 to avoid further
abuse, neglect, or exploitation by 
12 respondent;


13  (7) Conduct by any family or household member excused 
14 the abuse,
neglect, or exploitation by respondent, unless 
15 that same conduct would have
excused such abuse, neglect, 
16 or exploitation if the parties had not been
family or 
17 household members.

18(Source: P.A. 96-701, eff. 1-1-10; 96-1239, eff. 1-1-11; 
1997-158, eff. 1-1-12; 97-294, eff. 1-1-12; 97-813, eff. 7-13-12; 
2097-1131, eff. 1-1-13; 97-1150, eff. 1-25-13.)