DOM VIOLENCE-ORD PROT

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House Amendment 001

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Introduced

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4312

Introduced 1/14/2026, by Rep. Maurice A. West, II - Yolonda Morris

SYNOPSIS AS INTRODUCED:

See Index

Amends the Code of Criminal Procedure of 1963. Changes the
definitions of "harassment" to include, among other actions, doxing,
electronic tracking, and nonconsensual creation, dissemination, or
threatening the dissemination of electronically generated or digitally
altered content pertaining to the petitioner. Requires a county (not just
counties with more than 250,000 in population) to provide remote access to
a hearing on a protective order to include relevant witnesses besides the
petitioner and respondent. Creates additional remedies for the court to
grant in a domestic violence order of protection. Requires that any motion
to extend a plenary order must be filed on or before the expiration date,
and the plenary order remains in effect after filing until its original
expiration date or until the motion is presented or heard, whichever is
later. Requires a plenary order to be extended if the court finds that
since entry of the plenary order there has been no material change in the
relevant circumstances as required by law, and an extension of a plenary
order may be granted for any fixed period of time or indefinitely until the
plenary order is vacated or modified. Provides that if the motion to extend
the plenary order is uncontested, petitioner's motion or affidavit stating
that there has been no material change in relevant circumstances since
entry of the order and stating the reason for the requested extension is
sufficient for the court to extend the plenary order for any length of
time, including indefinitely. Provides that the court may grant a
contested request for an extension of the plenary order for more than 2
years for good cause. Provides that a violation of the original order or a
subsequent incident of abuse is not required to grant the extension or
determine the length of the extension, and compliance with the original
order does not negate the basis or length of the extension. Amends the
Illinois Domestic Violence Act of 1986. Makes conforming changes.
LRB104 17114 JRC 30533 b

A BILL FOR

HB4312
LRB104 17114 JRC 30533 b
1

AN ACT concerning domestic violence.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Code of Criminal Procedure of 1963 is
5
amended by changing Sections 112A-3, 112A-5.5, 112A-14, and
6
112A-20 as follows:

7

(725 ILCS 5/112A-3)

(from Ch. 38, par. 112A-3)
8

Sec. 112A-3.
Definitions.
9

(a) In this Article:
10

"Advocate" means a person whose communications with the
11
victim are privileged under Section 8-802.1 or 8-802.2 of the
12
Code of Civil Procedure or Section 227 of the Illinois
13
Domestic Violence Act of 1986.
14

"Named victim" means the person named as the victim in the
15
delinquency petition or criminal prosecution.
16

"Protective order" means a domestic violence order of
17
protection, a civil no contact order, or a stalking no contact
18
order.
19

(b) For the purposes of domestic violence cases, the
20
following terms shall have the following meanings in this
21
Article:
22

(1) "Abuse" means physical abuse, harassment,
23

intimidation of a dependent, interference with personal

HB4312
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1

liberty or willful deprivation but does not include
2

reasonable direction of a minor child by a parent or
3

person in loco parentis.
4

(2) "Domestic violence" means abuse as described in
5

paragraph (1) of this subsection (b).
6

(3) "Family or household members" include spouses,
7

former spouses, parents, children, stepchildren, and other
8

persons related by blood or by present or prior marriage,
9

persons who share or formerly shared a common dwelling,
10

persons who have or allegedly have a child in common,
11

persons who share or allegedly share a blood relationship
12

through a child, persons who have or have had a dating or
13

engagement relationship, persons with disabilities and
14

their personal assistants, and caregivers as defined in
15

subsection (e) of Section 12-4.4a of the Criminal Code of
16

2012. For purposes of this paragraph (3), neither a casual
17

acquaintanceship nor ordinary fraternization between 2
18

individuals in business or social contexts shall be deemed
19

to constitute a dating relationship.
20

(4) "Harassment" means knowing conduct which is not
21

necessary to accomplish a purpose which is reasonable
22

under the circumstances; would cause a reasonable person
23

emotional distress; and does cause emotional distress to
24

the petitioner. Unless the presumption is rebutted by a
25

preponderance of the evidence, the following types of
26

conduct shall be presumed to cause emotional distress:

HB4312
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1

(i) creating a disturbance at petitioner's place
2

of employment or school;
3

(ii)
engaging in doxing as defined in the Civil
4

Liability for Doxing Act

repeatedly telephoning
5

petitioner's place of employment, home or residence
;
6

(iii) repeatedly following
the
petitioner
7

including, but not limited to, directly or indirectly
8

through third parties, by using an electronic tracking
9

or monitoring device, a system or other electronic
10

means, or acquiring tracking information to determine
11

the petitioner's location, movement, or travel
12

patterns without the petitioner's knowledge or consent

13

about in a public place or places
;
14

(iv)
non-consensual creation, dissemination, or
15

threatening the dissemination of electronically
16

generated or digitally altered content directly or
17

indirectly pertaining to the petitioner or to the
18

likeness of the petitioner including, but not limited
19

to, images of the petitioner or the petitioner's voice

20

repeatedly keeping petitioner under surveillance by
21

remaining present outside his or her home, school,
22

place of employment, vehicle or other place occupied
23

by petitioner or by peering in petitioner's windows
;
24

(v)
repeatedly surveilling the petitioner directly
25

or indirectly including, but not limited to, by
26

remaining present at or outside the petitioner's home,

HB4312
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LRB104 17114 JRC 30533 b
1

school, place of employment, vehicle, or other place
2

occupied by petitioner, by peering in petitioner's
3

windows, through an electronic tracking or monitoring
4

device, a system or other electronic means, or by
5

acquiring tracking information to determine the
6

petitioner's location, movement, or travel patterns
7

without the petitioner's knowledge and consent;

8

(vi) non-consensual creation, dissemination or
9

threatening the non-consensual dissemination of
10

private sexual images and digitally altered sexual
11

images as defined in the Civil Remedies for
12

Nonconsensual Dissemination of Private Sexual Images
13

Act;
14

(vii) repeatedly contacting the petitioner
15

directly or indirectly through any means including,
16

but not limited to, telephonic, electronic, or online;
17

(viii) using an electronic tracking or monitoring,
18

device, a system or other electronic means, or
19

acquiring tracking information to determine the
20

petitioner's location, movement, or travel patterns
21

without the petitioner's knowledge or consent;

22

(ix)
improperly concealing a minor child from
23

petitioner, repeatedly threatening to improperly
24

remove a minor child of petitioner's from the
25

jurisdiction or from the physical care of petitioner,
26

repeatedly threatening to conceal a minor child from

HB4312
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LRB104 17114 JRC 30533 b
1

petitioner, or making a single such threat following
2

an actual or attempted improper removal or
3

concealment, unless respondent was fleeing from an
4

incident or pattern of domestic violence; or
5

(x)

(vi)
threatening physical force, confinement
6

or restraint on one or more occasions.
7

(5) "Interference with personal liberty" means
8

committing or threatening physical abuse, harassment,
9

intimidation or willful deprivation so as to compel
10

another to engage in conduct from which she or he has a
11

right to abstain or to refrain from conduct in which she or
12

he has a right to engage.
13

(6) "Intimidation of a dependent" means subjecting a
14

person who is dependent because of age, health, or
15

disability to participation in or the witnessing of:
16

physical force against another or physical confinement or
17

restraint of another which constitutes physical abuse as
18

defined in this Article, regardless of whether the abused
19

person is a family or household member.
20

(7) "Order of protection" or "domestic violence order
21

of protection" means an ex parte or final order, granted
22

pursuant to this Article, which includes any or all of the
23

remedies authorized by Section 112A-14 of this Code.
24

(8) "Petitioner" may mean not only any named
25

petitioner for the domestic violence order of protection
26

and any named victim of abuse on whose behalf the petition

HB4312
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LRB104 17114 JRC 30533 b
1

is brought, but also any other person protected by this
2

Article.
3

(9) "Physical abuse" includes sexual abuse and means
4

any of the following:
5

(i) knowing or reckless use of physical force,
6

confinement or restraint;
7

(ii) knowing, repeated and unnecessary sleep
8

deprivation; or
9

(iii) knowing or reckless conduct which creates an
10

immediate risk of physical harm.
11

(9.3) "Respondent" in a petition for a domestic
12

violence order of protection means the defendant.
13

(9.5) "Stay away" means for the respondent to refrain
14

from both physical presence and nonphysical contact with
15

the petitioner whether direct, indirect (including, but
16

not limited to, telephone calls, mail, email, faxes, and
17

written notes), or through third parties who may or may
18

not know about the domestic violence order of protection.
19

(10) "Willful deprivation" means wilfully denying a
20

person who because of age, health or disability requires
21

medication, medical care, shelter, accessible shelter or
22

services, food, therapeutic device, or other physical
23

assistance, and thereby exposing that person to the risk
24

of physical, mental or emotional harm, except with regard
25

to medical care and treatment when such dependent person
26

has expressed the intent to forgo such medical care or

HB4312
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LRB104 17114 JRC 30533 b
1

treatment. This paragraph (10) does not create any new
2

affirmative duty to provide support to dependent persons.
3

(c) For the purposes of cases involving sexual offenses,
4
the following terms shall have the following meanings in this
5
Article:
6

(1) "Civil no contact order" means an ex parte or
7

final order granted under this Article, which includes a
8

remedy authorized by Section 112A-14.5 of this Code.
9

(2) "Family or household members" include spouses,
10

parents, children, stepchildren, and persons who share a
11

common dwelling.
12

(3) "Non-consensual" means a lack of freely given
13

agreement.
14

(4) "Petitioner" means not only any named petitioner
15

for the civil no contact order and any named victim of
16

non-consensual sexual conduct or non-consensual sexual
17

penetration on whose behalf the petition is brought, but
18

includes any other person sought to be protected under
19

this Article.
20

(5) "Respondent" in a petition for a civil no contact
21

order means the defendant.
22

(6) "Sexual conduct" means any intentional or knowing
23

touching or fondling by the petitioner or the respondent,
24

either directly or through clothing, of the sex organs,
25

anus, or breast of the petitioner or the respondent, or
26

any part of the body of a child under 13 years of age, or

HB4312
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LRB104 17114 JRC 30533 b
1

any transfer or transmission of semen by the respondent
2

upon any part of the clothed or unclothed body of the
3

petitioner, for the purpose of sexual gratification or
4

arousal of the petitioner or the respondent.
5

(7) "Sexual penetration" means any contact, however
6

slight, between the sex organ or anus of one person by an
7

object, the sex organ, mouth or anus of another person, or
8

any intrusion, however slight, of any part of the body of
9

one person or of any animal or object into the sex organ or
10

anus of another person, including, but not limited to,
11

cunnilingus, fellatio, or anal penetration. Evidence of
12

emission of semen is not required to prove sexual
13

penetration.
14

(8) "Stay away" means to refrain from both physical
15

presence and nonphysical contact with the petitioner
16

directly, indirectly, or through third parties who may or
17

may not know of the order. "Nonphysical contact" includes,
18

but is not limited to, telephone calls, mail, e-mail, fax,
19

and written notes.
20

(d) For the purposes of cases involving stalking offenses,
21
the following terms shall have the following meanings in this
22
Article:
23

(1) "Course of conduct" means 2 or more acts,
24

including, but not limited to, acts in which a respondent
25

directly, indirectly, or through third parties, by any
26

action, method, device, or means follows, monitors,

HB4312
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LRB104 17114 JRC 30533 b
1

observes, surveils, threatens, or communicates to or
2

about, a person, engages in other contact, or interferes
3

with or damages a person's property or pet. A course of
4

conduct may include contact via electronic communications.
5

The incarceration of a person in a penal institution who
6

commits the course of conduct is not a bar to prosecution.
7

(2) "Emotional distress" means significant mental
8

suffering, anxiety, or alarm.
9

(3) "Contact" includes any contact with the victim,
10

that is initiated or continued without the victim's
11

consent, or that is in disregard of the victim's expressed
12

desire that the contact be avoided or discontinued,
13

including, but not limited to, being in the physical
14

presence of the victim; appearing within the sight of the
15

victim; approaching or confronting the victim in a public
16

place or on private property; appearing at the workplace
17

or residence of the victim; entering onto or remaining on
18

property owned, leased, or occupied by the victim; or
19

placing an object on, or delivering an object to, property
20

owned, leased, or occupied by the victim.
21

(4) "Petitioner" means any named petitioner for the
22

stalking no contact order or any named victim of stalking
23

on whose behalf the petition is brought.
24

(5) "Reasonable person" means a person in the
25

petitioner's circumstances with the petitioner's knowledge
26

of the respondent and the respondent's prior acts.

HB4312
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LRB104 17114 JRC 30533 b
1

(6) "Respondent" in a petition for a civil no contact
2

order means the defendant.
3

(7) "Stalking" means engaging in a course of conduct
4

directed at a specific person, and he or she knows or
5

should know that this course of conduct would cause a
6

reasonable person to fear for his or her safety or the
7

safety of a third person or suffer emotional distress.
8

"Stalking" does not include an exercise of the right to
9

free speech or assembly that is otherwise lawful or
10

picketing occurring at the workplace that is otherwise
11

lawful and arises out of a bona fide labor dispute,
12

including any controversy concerning wages, salaries,
13

hours, working conditions or benefits, including health
14

and welfare, sick leave, insurance, and pension or
15

retirement provisions, the making or maintaining of
16

collective bargaining agreements, and the terms to be
17

included in those agreements.
18

(8) "Stalking no contact order" means an ex parte or
19

final order granted under this Article, which includes a
20

remedy authorized by Section 112A-14.7 of this Code.
21
(Source: P.A. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18.)

22

(725 ILCS 5/112A-5.5)
23

Sec. 112A-5.5.
Time for filing petition; service on
24
respondent, hearing on petition, and default orders.

25

(a) A petition for a protective order may be filed at any

HB4312
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LRB104 17114 JRC 30533 b
1
time, in person or online, after a criminal charge or
2
delinquency petition is filed and before the charge or
3
delinquency petition is dismissed, the defendant or juvenile
4
is acquitted, or the defendant or juvenile completes service
5
of his or her sentence.
6

(b) The request for an ex parte protective order may be
7
considered without notice to the respondent under Section
8
112A-17.5 of this Code.
9

(c) A summons shall be issued and served for a protective
10
order. The summons may be served by delivery to the respondent
11
personally in open court in the criminal or juvenile
12
delinquency proceeding, in the form prescribed by subsection
13
(d) of Supreme Court Rule 101, except that it shall require the
14
respondent to answer or appear within 7 days. Attachments to
15
the summons shall include the petition for protective order,
16
supporting affidavits, if any, and any ex parte protective
17
order that has been issued.
18

(d) The summons shall be served by the sheriff or other law
19
enforcement officer at the earliest time available and shall
20
take precedence over any other summons, except those of a
21
similar emergency nature. Attachments to the summons shall
22
include the petition for protective order, supporting
23
affidavits, if any, and any ex parte protective order that has
24
been issued. Special process servers may be appointed at any
25
time and their designation shall not affect the
26
responsibilities and authority of the sheriff or other

HB4312
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LRB104 17114 JRC 30533 b
1
official process servers. In a county with a population over
2
3,000,000, a special process server may not be appointed if
3
the protective order grants the surrender of a child, the
4
surrender of a firearm or Firearm Owner's Identification Card,
5
or the exclusive possession of a shared residence.
6

(e) If the respondent is not served within 30 days of the
7
filing of the petition, the court shall schedule a court
8
proceeding on the issue of service. Either the petitioner, the
9
petitioner's counsel, or the State's Attorney shall appear and
10
the court shall either order continued attempts at personal
11
service or shall order service by publication, in accordance
12
with Sections 2-203, 2-206, and 2-207 of the Code of Civil
13
Procedure.
14

(f) The request for a final protective order can be
15
considered at any court proceeding in the delinquency or
16
criminal case after service of the petition. If the petitioner
17
has not been provided notice of the court proceeding at least
18
10 days in advance of the proceeding, the court shall schedule
19
a hearing on the petition and provide notice to the
20
petitioner.
21

(f-5) A court
in a county with a population above 250,000

22
shall offer the option of a remote hearing to a petitioner for
23
a protective order. The court has the discretion to grant or
24
deny the request for a remote hearing
for good cause shown
.
25
Each court shall determine the procedure for a remote hearing.
26
The petitioner
, applicable witnesses,
and respondent may

HB4312
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LRB104 17114 JRC 30533 b
1
appear remotely or in person.
2

The court shall issue and publish a court order, standing
3
order, or local rule detailing information about the process
4
for requesting and participating in a remote court appearance.
5
The court order, standing order, or local rule shall be
6
published on the court's website and posted on signs
7
throughout the courthouse, including in the clerk's office.
8
The sign shall be written in plain language and include
9
information about the availability of remote court appearances
10
and the process for requesting a remote hearing.
11

(g) Default orders.
12

(1) A final domestic violence order of protection may
13

be entered by default:
14

(A) for any of the remedies sought in the
15

petition, if the respondent has been served with
16

documents under subsection (b) or (c) of this Section
17

and if the respondent fails to appear on the specified
18

return date or any subsequent hearing date agreed to
19

by the petitioner and respondent or set by the court;
20

or
21

(B) for any of the remedies provided under
22

paragraph (1), (2), (3), (5), (6), (7), (8), (9),
23

(10), (11), (14), (15), (17), or (18) of subsection
24

(b) of Section 112A-14 of this Code, or if the
25

respondent fails to answer or appear in accordance
26

with the date set in the publication notice or the

HB4312
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LRB104 17114 JRC 30533 b
1

return date indicated on the service of a household
2

member.
3

(2) A final civil no contact order may be entered by
4

default for any of the remedies provided in Section
5

112A-14.5 of this Code, if the respondent has been served
6

with documents under subsection (b) or (c) of this
7

Section, and if the respondent fails to answer or appear
8

in accordance with the date set in the publication notice
9

or the return date indicated on the service of a household
10

member.
11

(3) A final stalking no contact order may be entered
12

by default for any of the remedies provided by Section
13

112A-14.7 of this Code, if the respondent has been served
14

with documents under subsection (b) or (c) of this Section
15

and if the respondent fails to answer or appear in
16

accordance with the date set in the publication notice or
17

the return date indicated on the service of a household
18

member.
19
(Source: P.A. 102-853, eff. 1-1-23; 103-154, eff. 6-30-23.)

20

(725 ILCS 5/112A-14)

(from Ch. 38, par. 112A-14)
21

Sec. 112A-14.
Domestic violence order of protection;
22
remedies.
23

(a) (Blank).
24

(b) The court may order any of the remedies listed in this
25
subsection (b). The remedies listed in this subsection (b)

HB4312
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LRB104 17114 JRC 30533 b
1
shall be in addition to other civil or criminal remedies
2
available to petitioner.
3

(1) Prohibition of abuse. Prohibit respondent's
4

harassment, interference with personal liberty,
5

intimidation of a dependent, physical abuse, or willful
6

deprivation, as defined in this Article, if such abuse has
7

occurred or otherwise appears likely to occur if not
8

prohibited.
9

(A) Require the respondent to cease harassment.
10

(B) Require the respondent to:
11

(i) stop creating, using, and disseminating;
12

remove; and delete the following harassing
13

conduct:
14

(a) any and all material or statements
15

that constitute harassment under this Act,
16

including, but not limited to, doxing,
17

electronically generated or digitally altered
18

content, sexual private images, and digitally
19

altered sexual images; and
20

(b) any and all electronic tracking or
21

monitoring devices, system or other electronic
22

means, or tracking information; and
23

(ii) present sufficient evidence that such
24

compliance has occurred.

25

(2) Grant of exclusive possession of residence.
26

Prohibit respondent from entering or remaining in any

HB4312
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LRB104 17114 JRC 30533 b
1

residence, household, or premises of the petitioner,
2

including one owned or leased by respondent, if petitioner
3

has a right to occupancy thereof. The grant of exclusive
4

possession of the residence, household, or premises shall
5

not affect title to real property, nor shall the court be
6

limited by the standard set forth in subsection (c-2) of
7

Section 501 of the Illinois Marriage and Dissolution of
8

Marriage Act.
9

(A) Right to occupancy. A party has a right to
10

occupancy of a residence or household if it is solely
11

or jointly owned or leased by that party, that party's
12

spouse, a person with a legal duty to support that
13

party or a minor child in that party's care, or by any
14

person or entity other than the opposing party that
15

authorizes that party's occupancy (e.g., a domestic
16

violence shelter). Standards set forth in subparagraph
17

(B) shall not preclude equitable relief.
18

(B) Presumption of hardships. If petitioner and
19

respondent each has the right to occupancy of a
20

residence or household, the court shall balance (i)
21

the hardships to respondent and any minor child or
22

dependent adult in respondent's care resulting from
23

entry of this remedy with (ii) the hardships to
24

petitioner and any minor child or dependent adult in
25

petitioner's care resulting from continued exposure to
26

the risk of abuse (should petitioner remain at the

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1

residence or household) or from loss of possession of
2

the residence or household (should petitioner leave to
3

avoid the risk of abuse). When determining the balance
4

of hardships, the court shall also take into account
5

the accessibility of the residence or household.
6

Hardships need not be balanced if respondent does not
7

have a right to occupancy.
8

The balance of hardships is presumed to favor
9

possession by petitioner unless the presumption is
10

rebutted by a preponderance of the evidence, showing
11

that the hardships to respondent substantially
12

outweigh the hardships to petitioner and any minor
13

child or dependent adult in petitioner's care. The
14

court, on the request of petitioner or on its own
15

motion, may order respondent to provide suitable,
16

accessible, alternate housing for petitioner instead
17

of excluding respondent from a mutual residence or
18

household.
19

(3) Stay away order and additional prohibitions. Order
20

respondent to stay away from petitioner or any other
21

person protected by the domestic violence order of
22

protection, or prohibit respondent from entering or
23

remaining present at petitioner's school, place of
24

employment, or other specified places at times when
25

petitioner is present, or both, if reasonable, given the
26

balance of hardships. Hardships need not be balanced for

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1

the court to enter a stay away order or prohibit entry if
2

respondent has no right to enter the premises.
3

(A) If a domestic violence order of protection
4

grants petitioner exclusive possession of the
5

residence, prohibits respondent from entering the
6

residence, or orders respondent to stay away from
7

petitioner or other protected persons, then the court
8

may allow respondent access to the residence to remove
9

items of clothing and personal adornment used
10

exclusively by respondent, medications, and other
11

items as the court directs. The right to access shall
12

be exercised on only one occasion as the court directs
13

and in the presence of an agreed-upon adult third
14

party or law enforcement officer.
15

(B) When the petitioner and the respondent attend
16

the same public, private, or non-public elementary,
17

middle, or high school, the court when issuing a
18

domestic violence order of protection and providing
19

relief shall consider the severity of the act, any
20

continuing physical danger or emotional distress to
21

the petitioner, the educational rights guaranteed to
22

the petitioner and respondent under federal and State
23

law, the availability of a transfer of the respondent
24

to another school, a change of placement or a change of
25

program of the respondent, the expense, difficulty,
26

and educational disruption that would be caused by a

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1

transfer of the respondent to another school, and any
2

other relevant facts of the case. The court may order
3

that the respondent not attend the public, private, or
4

non-public elementary, middle, or high school attended
5

by the petitioner, order that the respondent accept a
6

change of placement or change of program, as
7

determined by the school district or private or
8

non-public school, or place restrictions on the
9

respondent's movements within the school attended by
10

the petitioner. The respondent bears the burden of
11

proving by a preponderance of the evidence that a
12

transfer, change of placement, or change of program of
13

the respondent is not available. The respondent also
14

bears the burden of production with respect to the
15

expense, difficulty, and educational disruption that
16

would be caused by a transfer of the respondent to
17

another school. A transfer, change of placement, or
18

change of program is not unavailable to the respondent
19

solely on the ground that the respondent does not
20

agree with the school district's or private or
21

non-public school's transfer, change of placement, or
22

change of program or solely on the ground that the
23

respondent fails or refuses to consent or otherwise
24

does not take an action required to effectuate a
25

transfer, change of placement, or change of program.
26

When a court orders a respondent to stay away from the

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1

public, private, or non-public school attended by the
2

petitioner and the respondent requests a transfer to
3

another attendance center within the respondent's
4

school district or private or non-public school, the
5

school district or private or non-public school shall
6

have sole discretion to determine the attendance
7

center to which the respondent is transferred. If the
8

court order results in a transfer of the minor
9

respondent to another attendance center, a change in
10

the respondent's placement, or a change of the
11

respondent's program, the parents, guardian, or legal
12

custodian of the respondent is responsible for
13

transportation and other costs associated with the
14

transfer or change.
15

(C) The court may order the parents, guardian, or
16

legal custodian of a minor respondent to take certain
17

actions or to refrain from taking certain actions to
18

ensure that the respondent complies with the order. If
19

the court orders a transfer of the respondent to
20

another school, the parents, guardian, or legal
21

custodian of the respondent is responsible for
22

transportation and other costs associated with the
23

change of school by the respondent.
24

(4) Counseling. Require or recommend the respondent to
25

undergo counseling for a specified duration with a social
26

worker, psychologist, clinical psychologist,

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1

psychiatrist, family service agency, alcohol or substance
2

abuse program, mental health center guidance counselor,
3

agency providing services to elders, program designed for
4

domestic violence abusers, or any other guidance service
5

the court deems appropriate. The court may order the
6

respondent in any intimate partner relationship to report
7

to an Illinois Department of Human Services protocol
8

approved partner abuse intervention program for an
9

assessment and to follow all recommended treatment.
10

(5) Physical care and possession of the minor child.
11

In order to protect the minor child from abuse, neglect,
12

or 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 the respondent is charged with abuse (as defined in
21

Section 112A-3 of this Code) of a minor child, there shall
22

be a rebuttable presumption that awarding physical care to
23

respondent would not be in the minor child's best
24

interest.
25

(6) Temporary allocation of parental responsibilities
26

and significant decision-making responsibilities. Award

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LRB104 17114 JRC 30533 b
1

temporary significant decision-making responsibility to
2

petitioner in accordance with this Section, the Illinois
3

Marriage and Dissolution of Marriage Act, the Illinois
4

Parentage Act of 2015, and this State's Uniform
5

Child-Custody Jurisdiction and Enforcement Act.
6

If the respondent is charged with abuse (as defined in
7

Section 112A-3 of this Code) of a minor child, there shall
8

be a rebuttable presumption that awarding temporary
9

significant decision-making responsibility to respondent
10

would not be in the child's best interest.
11

(7) Parenting time. Determine the parenting time, if
12

any, of respondent in any case in which the court awards
13

physical care or temporary significant decision-making
14

responsibility of a minor child to petitioner. The court
15

shall restrict or deny respondent's parenting time with a
16

minor child if the court finds that respondent has done or
17

is likely to do any of the following:
18

(i) abuse or endanger the minor child during
19

parenting time;
20

(ii) use the parenting time as an opportunity to
21

abuse or harass petitioner or petitioner's family or
22

household members;
23

(iii) improperly conceal or detain the minor
24

child; or
25

(iv) otherwise act in a manner that is not in the
26

best interests of the minor child.

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1

The court shall not be limited by the standards set
2

forth in Section 603.10 of the Illinois Marriage and
3

Dissolution of Marriage Act. If the court grants parenting
4

time, the order shall specify dates and times for the
5

parenting time to take place or other specific parameters
6

or conditions that are appropriate. No order for parenting
7

time shall refer merely to the term "reasonable parenting
8

time". Petitioner may deny respondent access to the minor
9

child if, when respondent arrives for parenting time,
10

respondent is under the influence of drugs or alcohol and
11

constitutes a threat to the safety and well-being of
12

petitioner or petitioner's minor children or is behaving
13

in a violent or abusive manner. If necessary to protect
14

any member of petitioner's family or household from future
15

abuse, respondent shall be prohibited from coming to
16

petitioner's residence to meet the minor child for
17

parenting time, and the petitioner and respondent shall
18

submit to the court their recommendations for reasonable
19

alternative arrangements for parenting time. A person may
20

be approved to supervise parenting time only after filing
21

an affidavit accepting that responsibility and
22

acknowledging accountability to the court.
23

(8) Removal or concealment of minor child. Prohibit
24

respondent from removing a minor child from the State or
25

concealing the child within the State.
26

(9) Order to appear. Order the respondent to appear in

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1

court, alone or with a minor child, to prevent abuse,
2

neglect, removal or concealment of the child, to return
3

the child to the custody or care of the petitioner, or to
4

permit any court-ordered interview or examination of the
5

child or the respondent.
6

(10) Possession of personal property. Grant petitioner
7

exclusive possession of personal property and, if
8

respondent has possession or control, direct respondent to
9

promptly make it available to petitioner, if:
10

(i) petitioner, but not respondent, owns the
11

property; or
12

(ii) the petitioner and respondent own the
13

property jointly; sharing it would risk abuse of
14

petitioner by respondent or is impracticable; and the
15

balance of hardships favors temporary possession by
16

petitioner.
17

If petitioner's sole claim to ownership of the
18

property is that it is marital property, the court may
19

award petitioner temporary possession thereof under the
20

standards of subparagraph (ii) of this paragraph only if a
21

proper proceeding has been filed under the Illinois
22

Marriage and Dissolution of Marriage Act, as now or
23

hereafter amended.
24

No order under this provision shall affect title to
25

property.
26

(11) Protection of property. Forbid the respondent

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LRB104 17114 JRC 30533 b
1

from taking, transferring, encumbering, concealing,
2

damaging, or otherwise disposing of any real or personal
3

property, except as explicitly authorized by the court,
4

if:
5

(i) petitioner, but not respondent, owns the
6

property; or
7

(ii) the petitioner and respondent own the
8

property jointly, and the balance of hardships favors
9

granting this remedy.
10

If petitioner's sole claim to ownership of the
11

property is that it is marital property, the court may
12

grant petitioner relief under subparagraph (ii) of this
13

paragraph only if a proper proceeding has been filed under
14

the Illinois Marriage and Dissolution of Marriage Act, as
15

now or hereafter amended.
16

The court may further prohibit respondent from
17

improperly using the financial or other resources of an
18

aged member of the family or household for the profit or
19

advantage of respondent or of any other person.
20

(11.5) Protection of animals. Grant the petitioner the
21

exclusive care, custody, or control of any animal owned,
22

possessed, leased, kept, or held by either the petitioner
23

or the respondent or a minor child residing in the
24

residence or household of either the petitioner or the
25

respondent and order the respondent to stay away from the
26

animal and forbid the respondent from taking,

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LRB104 17114 JRC 30533 b
1

transferring, encumbering, concealing, harming, or
2

otherwise disposing of the animal.
3

(12) Order for payment of support. Order respondent to
4

pay temporary support for the petitioner or any child in
5

the petitioner's care or over whom the petitioner has been
6

allocated parental responsibility, when the respondent has
7

a legal obligation to support that person, in accordance
8

with the Illinois Marriage and Dissolution of Marriage
9

Act, which shall govern, among other matters, the amount
10

of support, payment through the clerk and withholding of
11

income to secure payment. An order for child support may
12

be granted to a petitioner with lawful physical care of a
13

child, or an order or agreement for physical care of a
14

child, prior to entry of an order allocating significant
15

decision-making responsibility. Such a support order shall
16

expire upon entry of a valid order allocating parental
17

responsibility differently and vacating petitioner's
18

significant decision-making responsibility unless
19

otherwise provided in the order.
20

(13) Order for payment of losses. Order respondent to
21

pay petitioner for losses suffered as a direct result of
22

the abuse. Such losses shall include, but not be limited
23

to, medical expenses, lost earnings or other support,
24

repair or replacement of property damaged or taken,
25

reasonable attorney's fees, court costs, and moving or
26

other travel expenses, including additional reasonable

HB4312
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LRB104 17114 JRC 30533 b
1

expenses for temporary shelter and restaurant meals.
2

(i) Losses affecting family needs. If a party is
3

entitled to seek maintenance, child support, or
4

property distribution from the other party under the
5

Illinois Marriage and Dissolution of Marriage Act, as
6

now or hereafter amended, the court may order
7

respondent to reimburse petitioner's actual losses, to
8

the extent that such reimbursement would be
9

"appropriate temporary relief", as authorized by
10

subsection (a)(3) of Section 501 of that Act.
11

(ii) Recovery of expenses. In the case of an
12

improper concealment or removal of a minor child, the
13

court may order respondent to pay the reasonable
14

expenses incurred or to be incurred in the search for
15

and recovery of the minor child, including, but not
16

limited to, legal fees, court costs, private
17

investigator fees, and travel costs.
18

(14) Prohibition of entry. Prohibit the respondent
19

from entering or remaining in the residence or household
20

while the respondent is under the influence of alcohol or
21

drugs and constitutes a threat to the safety and
22

well-being of the petitioner or the petitioner's children.
23

(14.5) Prohibition of possession of firearms and
24

firearm parts; search and seizure of firearms and firearm
25

parts.
26

(A) Subject to the provisions of subparagraph

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LRB104 17114 JRC 30533 b
1

(B-2), if applicable, a person who is subject to an
2

existing domestic violence order of protection issued
3

under this Code may not lawfully possess firearms or
4

firearm parts that could be assembled to make an
5

operable firearm or a Firearm Owner's Identification
6

Card under Section 8.2 of the Firearm Owners
7

Identification Card Act.
8

(B) Any firearms in the possession of the
9

respondent, except as provided in subparagraph (C) of
10

this paragraph (14.5) and subject to the provisions of
11

subparagraph (B-2), if applicable, shall be ordered by
12

the court to be surrendered to law enforcement for
13

safekeeping. Any firearms or firearm parts on the
14

respondent's person or at the place of service shall
15

be immediately surrendered to the serving officers at
16

the time of service of the order of protection, and any
17

other firearms or firearm parts shall be surrendered
18

to local law enforcement within 24 hours of service of
19

the order of protection. Any Firearm Owner's
20

Identification Card or Concealed Carry License in the
21

possession of the respondent, except as provided in
22

subparagraph (C), shall also be ordered by the court
23

to be turned over to serving officers at the time of
24

service of the order of protection or, if not on the
25

respondent's person or at the location where the
26

respondent is served at the time of service, to local

HB4312
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LRB104 17114 JRC 30533 b
1

law enforcement within 24 hours of service of the
2

order. The law enforcement agency shall immediately
3

mail the card, as well as any license, to the Illinois
4

State Police Firearm Owner's Identification Card
5

Office for safekeeping.
6

(B-1) Upon request of the petitioner or the
7

State's Attorney on behalf of the petitioner, a law
8

enforcement officer may seek a search warrant based on
9

the allegations in the petition for the Order of
10

Protection.
11

(i) If requested by law enforcement, the court
12

shall issue a search warrant for the seizure of
13

any firearms or firearm parts that could be
14

assembled to make an operable firearm belonging to
15

the respondent at or after entry of an order of
16

protection if the court, based upon sworn
17

testimony and governed by Sections 108-3 and
18

108-4, finds probable cause exists that:
19

(aa) the respondent poses an immediate and
20

present credible threat to the physical safety
21

of the petitioner protected by the order of
22

protection;
23

(bb) the respondent possesses firearms or
24

firearm parts that could be assembled to make
25

an operable firearm; and
26

(cc) the firearms or firearm parts that

HB4312
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LRB104 17114 JRC 30533 b
1

could be assembled to make an operable firearm
2

are located at the residence, vehicle, or
3

other property of the respondent to be
4

searched.
5

(ii) The search warrant shall specify with
6

particularity the scope of the search, including
7

the property to be searched, and shall direct the
8

law enforcement agency to seize the respondent's
9

firearms and firearm parts that could be assembled
10

to make an operable firearm. Law enforcement shall
11

also be directed to seize into their possession
12

any Firearm Owner's Identification Card and any
13

Concealed Carry License belonging to the
14

respondent.
15

(iii) The law enforcement agency to which the
16

court has directed the warrant shall execute the
17

warrant no later than 96 hours after issuance. The
18

law enforcement agency to which the court has
19

directed the warrant may coordinate with other law
20

enforcement agencies to execute the warrant. A
21

return of the warrant shall be filed by the law
22

enforcement agency within 24 hours of execution,
23

setting forth the time, date, and location where
24

the warrant was executed and what items, if any,
25

were seized. If the court is not in session, the
26

return information shall be returned on the next

HB4312
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LRB104 17114 JRC 30533 b
1

date the court is in session. Subject to the
2

provisions of this Section, peace officers shall
3

have the same authority to execute a warrant
4

issued under this subsection as a warrant issued
5

under Article 108.
6

(iv) If the property to be searched is in
7

another county, the petitioner or the State's
8

Attorney may seek a search warrant in that county
9

with the law enforcement agency with primary
10

responsibility for responding to service calls at
11

the property to be searched. Regardless of whether
12

the petitioner is working with the State's
13

Attorney under subsection (d) of Section 112A-4.5,
14

the petitioner may request the State's Attorney's
15

assistance to request that the law enforcement
16

agency in the county where the property is located
17

seek a search warrant.
18

(v) Service of an order of protection shall,
19

to the extent possible, be concurrent with any
20

warrant issued under this paragraph.
21

(B-2) Ex parte relief may be granted under this
22

paragraph (14.5) only if the court finds that personal
23

injury to the petitioner is likely to occur if the
24

respondent received prior notice and if the petitioner
25

has otherwise satisfied the requirements of Section
26

112A-17.5 of this Article.

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LRB104 17114 JRC 30533 b
1

(C) If the respondent is a peace officer as
2

defined in Section 2-13 of the Criminal Code of 2012,
3

the court shall order that any firearms used by the
4

respondent in the performance of his or her duties as a
5

peace officer be surrendered to the chief law
6

enforcement executive of the agency in which the
7

respondent is employed, who shall retain the firearms
8

for safekeeping for the duration of the domestic
9

violence order of protection.
10

(D)(i) Any firearms or firearm parts that could be
11

assembled to make an operable firearm that have been
12

seized or surrendered shall be kept by the law
13

enforcement agency that took possession of the items
14

for safekeeping, except as provided in subparagraph
15

(C), (E), or (F). The period of safekeeping shall be
16

for the duration of the order of protection. Except as
17

provided in subparagraph (F), the respondent is
18

prohibited from transferring firearms or firearm parts
19

to another individual in lieu of surrender to law
20

enforcement. The law enforcement agency shall provide
21

an itemized statement of receipt to the respondent and
22

the court describing any seized or surrendered
23

firearms or firearm parts and informing the respondent
24

that the respondent may seek the return of the
25

respondent's items at the end of the order of
26

protection. The law enforcement agency may enter

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LRB104 17114 JRC 30533 b
1

arrangements, as needed, with federally licensed
2

firearm dealers or other law enforcement agencies for
3

the storage of any firearms seized or surrendered
4

under this subsection.
5

(ii) It is the respondent's responsibility to
6

request the return or reinstatement of any Firearm
7

Owner's Identification Card or Concealed Carry License
8

and to notify the Illinois State Police Firearm
9

Owner's Identification Card Office at the end of the
10

Order of Protection.
11

(iii) At the end of the order of protection, a
12

respondent may request the return of any seized or
13

surrendered firearms or firearm parts that could be
14

assembled to make an operable firearm. Seized or
15

surrendered firearms or firearm parts shall be
16

returned within 14 days of the request to the
17

respondent, if the respondent is lawfully eligible to
18

possess firearms, or to a designated third party who
19

is lawfully eligible to possess firearms. If the
20

firearms or firearm parts cannot be returned to
21

respondent because (1) the respondent has not
22

requested the return or transfer of the firearms or
23

firearm parts as set forth in this subparagraph and
24

(2) the respondent cannot be located or fails to
25

respond to more than 3 requests to retrieve the
26

firearms, upon petition from the appropriate law

HB4312
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LRB104 17114 JRC 30533 b
1

enforcement agency and notice to the respondent at the
2

respondent's last known address, the court may order
3

the law enforcement agency to destroy the firearms or
4

firearm parts; use the firearms or firearm parts for
5

training purposes, or for any other application as
6

deemed appropriate by the law enforcement agency; or
7

turn over the firearms or firearm parts to a third
8

party who is lawfully eligible to possess firearms,
9

and who does not reside with respondent.
10

(E)(i) If a person other than the respondent
11

claims title to any firearms or firearm parts that
12

could be assembled to make an operable firearm seized
13

or surrendered under this subsection, the person may
14

petition the court to have the firearm and firearm
15

parts that could be assembled to make an operable
16

firearm returned to him or her with proper notice to
17

the petitioner and respondent. If, at a hearing on the
18

petition, the court determines the person to be the
19

lawful owner of the firearm and firearm parts that
20

could be assembled to make an operable firearm, the
21

firearm and firearm parts that could be assembled to
22

make an operable firearm shall be returned to the
23

person, provided that:
24

(aa) the firearm and firearm parts that could
25

be assembled to make an operable firearm are
26

removed from the respondent's custody, control, or

HB4312
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LRB104 17114 JRC 30533 b
1

possession, and the lawful owner agrees to store
2

the firearm and firearm parts that could be
3

assembled to make an operable firearm in a manner
4

such that the respondent does not have access to
5

or control of the firearm and firearm parts that
6

could be assembled to make an operable firearm;
7

and
8

(bb) the firearm and firearm parts that could
9

be assembled to make an operable firearm are not
10

otherwise unlawfully possessed by the owner.
11

(ii) The person petitioning for the return of his
12

or her firearm and firearm parts that could be
13

assembled to make an operable firearm must swear or
14

affirm by affidavit that he or she:
15

(aa) is the lawful owner of the firearm and
16

firearm parts that could be assembled to make an
17

operable firearm;
18

(bb) shall not transfer the firearm and
19

firearm parts that could be assembled to make an
20

operable firearm to the respondent; and
21

(cc) will store the firearm and firearm parts
22

that could be assembled to make an operable
23

firearm in a manner that the respondent does not
24

have access to or control of the firearm and
25

firearm parts that could be assembled to make an
26

operable firearm.

HB4312
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LRB104 17114 JRC 30533 b
1

(F)(i) The respondent may file a motion to
2

transfer, at the next scheduled hearing, any seized or
3

surrendered firearms or firearm parts to a third
4

party. Notice of the motion shall be provided to the
5

petitioner and the third party must appear at the
6

hearing.
7

(ii) The court may order transfer of the seized or
8

surrendered firearm or firearm parts only if:
9

(aa) the third party transferee affirms by
10

affidavit to the open court that:
11

(I) the third party transferee does not
12

reside with the respondent;
13

(II) the respondent does not have access
14

to the location in which the third party
15

transferee intends to keep the firearms or
16

firearm parts;
17

(III) the third party transferee will not
18

transfer the firearm or firearm parts to the
19

respondent or anyone who resides with the
20

respondent;
21

(IV) the third party transferee will
22

maintain control and possession of the firearm
23

or firearm parts until otherwise ordered by
24

the court; and
25

(V) the third party transferee will be
26

subject to criminal penalties for transferring

HB4312
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LRB104 17114 JRC 30533 b
1

the firearms or firearm parts to the
2

respondent; and
3

(bb) the court finds that:
4

(I) the respondent holds a valid Firearm
5

Owner's Identification; and
6

(II) the transfer of firearms or firearm
7

parts to the third party transferee does not
8

place the petitioner or any other protected
9

parties at any additional threat or risk of
10

harm.
11

(15) Prohibition of access to records. If a domestic
12

violence order of protection prohibits respondent from
13

having contact with the minor child, or if petitioner's
14

address is omitted under subsection (b) of Section 112A-5
15

of this Code, or if necessary to prevent abuse or wrongful
16

removal or concealment of a minor child, the order shall
17

deny respondent access to, and prohibit respondent from
18

inspecting, obtaining, or attempting to inspect or obtain,
19

school or any other records of the minor child who is in
20

the care of petitioner.
21

(16) Order for payment of shelter services. Order
22

respondent to reimburse a shelter providing temporary
23

housing and counseling services to the petitioner for the
24

cost of the services, as certified by the shelter and
25

deemed reasonable by the court.
26

(17) Order for injunctive relief. Enter injunctive

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1

relief necessary or appropriate to prevent further abuse
2

of a family or household member or to effectuate one of the
3

granted remedies, if supported by the balance of
4

hardships. If the harm to be prevented by the injunction
5

is abuse or any other harm that one of the remedies listed
6

in paragraphs (1) through (16) of this subsection is
7

designed to prevent, no further evidence is necessary to
8

establish that the harm is an irreparable injury.
9

(18) Telephone services.
10

(A) Unless a condition described in subparagraph
11

(B) of this paragraph exists, the court may, upon
12

request by the petitioner, order a wireless telephone
13

service provider to transfer to the petitioner the
14

right to continue to use a telephone number or numbers
15

indicated by the petitioner and the financial
16

responsibility associated with the number or numbers,
17

as set forth in subparagraph (C) of this paragraph. In
18

this paragraph (18), the term "wireless telephone
19

service provider" means a provider of commercial
20

mobile service as defined in 47 U.S.C. 332. The
21

petitioner may request the transfer of each telephone
22

number that the petitioner, or a minor child in his or
23

her custody, uses. The clerk of the court shall serve
24

the order on the wireless telephone service provider's
25

agent for service of process provided to the Illinois
26

Commerce Commission. The order shall contain all of

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1

the following:
2

(i) The name and billing telephone number of
3

the account holder including the name of the
4

wireless telephone service provider that serves
5

the account.
6

(ii) Each telephone number that will be
7

transferred.
8

(iii) A statement that the provider transfers
9

to the petitioner all financial responsibility for
10

and right to the use of any telephone number
11

transferred under this paragraph.
12

(B) A wireless telephone service provider shall
13

terminate the respondent's use of, and shall transfer
14

to the petitioner use of, the telephone number or
15

numbers indicated in subparagraph (A) of this
16

paragraph unless it notifies the petitioner, within 72
17

hours after it receives the order, that one of the
18

following applies:
19

(i) The account holder named in the order has
20

terminated the account.
21

(ii) A difference in network technology would
22

prevent or impair the functionality of a device on
23

a network if the transfer occurs.
24

(iii) The transfer would cause a geographic or
25

other limitation on network or service provision
26

to the petitioner.

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(iv) Another technological or operational
2

issue would prevent or impair the use of the
3

telephone number if the transfer occurs.
4

(C) The petitioner assumes all financial
5

responsibility for and right to the use of any
6

telephone number transferred under this paragraph. In
7

this paragraph, "financial responsibility" includes
8

monthly service costs and costs associated with any
9

mobile device associated with the number.
10

(D) A wireless telephone service provider may
11

apply to the petitioner its routine and customary
12

requirements for establishing an account or
13

transferring a number, including requiring the
14

petitioner to provide proof of identification,
15

financial information, and customer preferences.
16

(E) Except for willful or wanton misconduct, a
17

wireless telephone service provider is immune from
18

civil liability for its actions taken in compliance
19

with a court order issued under this paragraph.
20

(F) All wireless service providers that provide
21

services to residential customers shall provide to the
22

Illinois Commerce Commission the name and address of
23

an agent for service of orders entered under this
24

paragraph (18). Any change in status of the registered
25

agent must be reported to the Illinois Commerce
26

Commission within 30 days of such change.

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(G) The Illinois Commerce Commission shall
2

maintain the list of registered agents for service for
3

each wireless telephone service provider on the
4

Commission's website. The Commission may consult with
5

wireless telephone service providers and the Circuit
6

Court Clerks on the manner in which this information
7

is provided and displayed.
8

(c) Relevant factors; findings.
9

(1) In determining whether to grant a specific remedy,
10

other than payment of support, the court shall consider
11

relevant factors, including, but not limited to, the
12

following:
13

(i) the nature, frequency, severity, pattern, and
14

consequences of the respondent's past abuse of the
15

petitioner or any family or household member,
16

including the concealment of his or her location in
17

order to evade service of process or notice, and the
18

likelihood of danger of future abuse to petitioner or
19

any member of petitioner's or respondent's family or
20

household; and
21

(ii) the danger that any minor child will be
22

abused or neglected or improperly relocated from the
23

jurisdiction, improperly concealed within the State,
24

or improperly separated from the child's primary
25

caretaker.
26

(2) In comparing relative hardships resulting to the

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1

parties from loss of possession of the family home, the
2

court shall consider relevant factors, including, but not
3

limited to, the following:
4

(i) availability, accessibility, cost, safety,
5

adequacy, location, and other characteristics of
6

alternate housing for each party and any minor child
7

or dependent adult in the party's care;
8

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

(iii) the effect on the relationship of the party,
10

and any minor child or dependent adult in the party's
11

care, to family, school, church, and community.
12

(3) Subject to the exceptions set forth in paragraph
13

(4) of this subsection (c), the court shall make its
14

findings in an official record or in writing, and shall at
15

a minimum set forth the following:
16

(i) That the court has considered the applicable
17

relevant factors described in paragraphs (1) and (2)
18

of this subsection (c).
19

(ii) Whether the conduct or actions of respondent,
20

unless prohibited, will likely cause irreparable harm
21

or continued abuse.
22

(iii) Whether it is necessary to grant the
23

requested relief in order to protect petitioner or
24

other alleged abused persons.
25

(4) (Blank).
26

(5) Never married parties. No rights or

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1

responsibilities for a minor child born outside of
2

marriage attach to a putative father until a father and
3

child relationship has been established under the Illinois
4

Parentage Act of 1984, the Illinois Parentage Act of 2015,
5

the Illinois Public Aid Code, Section 12 of the Vital
6

Records Act, the Juvenile Court Act of 1987, the Probate
7

Act of 1975, the Uniform Interstate Family Support Act,
8

the Expedited Child Support Act of 1990, any judicial,
9

administrative, or other act of another state or
10

territory, any other statute of this State, or by any
11

foreign nation establishing the father and child
12

relationship, any other proceeding substantially in
13

conformity with the federal Personal Responsibility and
14

Work Opportunity Reconciliation Act of 1996, or when both
15

parties appeared in open court or at an administrative
16

hearing acknowledging under oath or admitting by
17

affirmation the existence of a father and child
18

relationship. Absent such an adjudication, no putative
19

father shall be granted temporary allocation of parental
20

responsibilities, including parenting time with the minor
21

child, or physical care and possession of the minor child,
22

nor shall an order of payment for support of the minor
23

child be entered.
24

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

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1
subsection (b) of this Section, which may require such
2
balancing, the court's findings shall so indicate and shall
3
include a finding as to whether granting the remedy will
4
result in hardship to respondent that would substantially
5
outweigh the hardship to petitioner from denial of the remedy.
6
The findings shall be an official record or in writing.
7

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

(1) respondent has cause for any use of force, unless
10

that cause satisfies the standards for justifiable use of
11

force provided by Article 7 of the Criminal Code of 2012;
12

(2) respondent was voluntarily intoxicated;
13

(3) petitioner acted in self-defense or defense of
14

another, provided that, if petitioner utilized force, such
15

force was justifiable under Article 7 of the Criminal Code
16

of 2012;
17

(4) petitioner did not act in self-defense or defense
18

of another;
19

(5) petitioner left the residence or household to
20

avoid further abuse by respondent;
21

(6) petitioner did not leave the residence or
22

household to avoid further abuse by respondent; or
23

(7) conduct by any family or household member excused
24

the abuse by respondent, unless that same conduct would
25

have excused such abuse if the parties had not been family
26

or household members.

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1
(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
2
102-813, eff. 5-13-22; 103-1065, eff. 5-11-25
.)

3

(725 ILCS 5/112A-20)

(from Ch. 38, par. 112A-20)
4

Sec. 112A-20.
Duration and extension of final protective
5
orders.
6

(a) (Blank).
7

(b) A final protective order shall remain in effect as
8
follows:
9

(1) if entered during pre-trial release, until
10

disposition, withdrawal, or dismissal of the underlying
11

charge; if, however, the case is continued as an
12

independent cause of action, the order's duration may be
13

for a fixed period of time not to exceed 2 years;
14

(2) if in effect in conjunction with a bond forfeiture
15

warrant, until final disposition or an additional period
16

of time not exceeding 2 years; no domestic violence order
17

of protection, however, shall be terminated by a dismissal
18

that is accompanied by the issuance of a bond forfeiture
19

warrant;
20

(3) until 2 years after the expiration of any
21

supervision, conditional discharge, probation, periodic
22

imprisonment, parole, aftercare release, or mandatory
23

supervised release for domestic violence orders of
24

protection and civil no contact orders;
25

(4) until 2 years after the date set by the court for

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1

expiration of any sentence of imprisonment and subsequent
2

parole, aftercare release, or mandatory supervised release
3

for domestic violence orders of protection and civil no
4

contact orders;
5

(5) permanent for a stalking no contact order if a
6

judgment of conviction for stalking is entered; or
7

(6) permanent for a civil no contact order at the
8

victim's request if a judgment of conviction for criminal
9

sexual assault, aggravated criminal sexual assault,
10

criminal sexual abuse, excluding a conviction under
11

subsection (c) of Section 11-1.50 of the Criminal Code of
12

2012, or aggravated criminal sexual abuse is entered.
13

(c) Computation of time. The duration of a domestic
14
violence order of protection shall not be reduced by the
15
duration of any prior domestic violence order of protection.
16

(d) Law enforcement records. When a protective order
17
expires upon the occurrence of a specified event, rather than
18
upon a specified date as provided in subsection (b), no
19
expiration date shall be entered in Illinois State Police
20
records. To remove the protective order from those records,
21
either the petitioner or the respondent shall request the
22
clerk of the court to file a certified copy of an order stating
23
that the specified event has occurred or that the protective
24
order has been vacated or modified with the sheriff, and the
25
sheriff shall direct that law enforcement records shall be
26
promptly corrected in accordance with the filed order.

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1

(e) Extension of Orders. Any domestic violence order of
2
protection or civil no contact order that expires 2 years
3
after the expiration of the defendant's sentence under
4
paragraph (2), (3), or (4) of subsection (b) of Section
5
112A-20 of this Article may be extended one or more times, as
6
required. The petitioner, petitioner's counsel, or the State's
7
Attorney on the petitioner's behalf shall file the motion for
8
an extension of the final protective order in the criminal
9
case and serve the motion in accordance with Supreme Court
10
Rules 11 and 12. The court shall transfer the motion to the
11
appropriate court or division for consideration under
12
subsection (e) of Section 220 of the Illinois Domestic
13
Violence Act of 1986, subsection (c) of Section 216 of the
14
Civil No Contact Order Act, or subsection (c) of Section 105 of
15
the Stalking No Contact Order as appropriate.
16

(1) Motion to extend plenary order. Any motion to
17

extend a plenary order must be filed on or before the
18

expiration date. When the motion is filed, the plenary
19

order remains in effect until its original expiration date
20

or until the motion is presented or heard, whichever is
21

later. Upon the timely filing of the motion, the clerk
22

shall transmit to law enforcement the motion and notice of
23

motion with the next court date in accordance with Section
24

112A-22. If the next court date is after the expiration
25

date of the original order, the next court date shall be
26

entered into LEADS as the updated expiration date of the

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1

plenary order.
2

(2) A plenary order shall be extended if the court
3

finds that since entry of the plenary order there has been
4

no material change in the relevant circumstances that met
5

the requirements of subsection (a) of Section 112A-14 and
6

Section 112A-19. An extension of a plenary order may be
7

granted for any fixed period of time or indefinitely until
8

the plenary order is vacated or modified.
9

(3) If the motion to extend the plenary order is
10

uncontested, petitioner's motion or affidavit stating that
11

there has been no material change in relevant
12

circumstances since entry of the order and stating the
13

reason for the requested extension is sufficient for the
14

court to extend the plenary order for any length of time,
15

including indefinitely.
16

(4) The court may grant a contested request for an
17

extension of the plenary order for more than 2 years based
18

on good cause shown. Good cause is established by the
19

facts of the original order, and a new finding that a
20

compelling reason related to the physical danger,
21

emotional distress, safety, or well-being of the
22

petitioner or other protected parties exists for the
23

extension. Good cause is not required for uncontested
24

requests for any duration or contested requests for
25

extensions up to 2 years.
26

(5) A violation of the original order or a subsequent

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1

incident of abuse is not required to grant the extension
2

or determine the length of the extension. Compliance with
3

the original order does not negate the basis or length of
4

the extension.
5

(6) Any requested modification to the plenary order
6

independent from the length of the extension shall be
7

determined in accordance with the requirements of
8

subsection (a) of Section 112A-14 and 112A-19.

9

(f) Termination date. Any final protective order which
10
would expire on a court holiday shall instead expire at the
11
close of the next court business day.
12

(g) Statement of purpose. The practice of dismissing or
13
suspending a criminal prosecution in exchange for issuing a
14
protective order undermines the purposes of this Article. This
15
Section shall not be construed as encouraging that practice.
16
(Source: P.A. 102-184, eff. 1-1-22; 102-538, eff. 8-20-21;
17
102-813, eff. 5-13-22.)

18

Section 10.
The Illinois Domestic Violence Act of 1986 is
19
amended by changing Sections 103, 212, 214, and 220 as
20
follows:

21

(750 ILCS 60/103)

(from Ch. 40, par. 2311-3)
22

Sec. 103.
Definitions.
For the purposes of this Act, the
23
following terms shall have the following meanings:
24

(1) "Abuse" means physical abuse, harassment, intimidation

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1
of a dependent, interference with personal liberty or willful
2
deprivation but does not include reasonable direction of a
3
minor child by a parent or person in loco parentis.
4

(2) "Adult with disabilities" means an elder adult with
5
disabilities or a high-risk adult with disabilities. A person
6
may be an adult with disabilities for purposes of this Act even
7
though he or she has never been adjudicated an incompetent
8
adult. However, no court proceeding may be initiated or
9
continued on behalf of an adult with disabilities over that
10
adult's objection, unless such proceeding is approved by his
11
or her legal guardian, if any.
12

(3) "Domestic violence" means abuse as defined in
13
paragraph (1).
14

(4) "Elder adult with disabilities" means an adult
15
prevented by advanced age from taking appropriate action to
16
protect himself or herself from abuse by a family or household
17
member.
18

(5) "Exploitation" means the illegal, including tortious,
19
use of a high-risk adult with disabilities or of the assets or
20
resources of a high-risk adult with disabilities. Exploitation
21
includes, but is not limited to, the misappropriation of
22
assets or resources of a high-risk adult with disabilities by
23
undue influence, by breach of a fiduciary relationship, by
24
fraud, deception, or extortion, or the use of such assets or
25
resources in a manner contrary to law.
26

(6) "Family or household members" include spouses, former

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1
spouses, parents, children, stepchildren and other persons
2
related by blood or by present or prior marriage, persons who
3
share or formerly shared a common dwelling, persons who have
4
or allegedly have a child in common, persons who share or
5
allegedly share a blood relationship through a child, persons
6
who have or have had a dating or engagement relationship,
7
persons with disabilities and their personal assistants, and
8
caregivers as defined in Section 12-4.4a of the Criminal Code
9
of 2012. For purposes of this paragraph, neither a casual
10
acquaintanceship nor ordinary fraternization between 2
11
individuals in business or social contexts shall be deemed to
12
constitute a dating relationship. In the case of a high-risk
13
adult with disabilities, "family or household members"
14
includes any person who has the responsibility for a high-risk
15
adult as a result of a family relationship or who has assumed
16
responsibility for all or a portion of the care of a high-risk
17
adult with disabilities voluntarily, or by express or implied
18
contract, or by court order.
19

(7) "Harassment" means knowing conduct which is not
20
necessary to accomplish a purpose that is reasonable under the
21
circumstances; would cause a reasonable person emotional
22
distress; and does cause emotional distress to the petitioner.
23
Unless the presumption is rebutted by a preponderance of the
24
evidence, the following types of conduct shall be presumed to
25
cause emotional distress:

26

(i) creating a disturbance at petitioner's place of

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1

employment or school;

2

(ii)
engaging in doxing as defined in the Civil
3

Liability for Doxing Act

repeatedly telephoning
4

petitioner's place of employment, home or residence
;

5

(iii) repeatedly following
the
petitioner
including,
6

but not limited to, directly or indirectly through third
7

parties, by using an electronic tracking or monitoring
8

device, a system or other electronic means, or acquiring
9

tracking information to determine the petitioner's
10

location, movement or travel patterns without the
11

petitioner's knowledge or consent

about in a public place
12

or places
;

13

(iv)
non-consensual creation, dissemination, or
14

threatening the dissemination of electronically generated
15

or digitally altered content directly or indirectly
16

pertaining to the petitioner or to the likeness of the
17

petitioner including, but not limited to, images of the
18

petitioner or the petitioner's voice

repeatedly keeping
19

petitioner under surveillance by remaining present outside
20

his or her home, school, place of employment, vehicle or
21

other place occupied by petitioner or by peering in
22

petitioner's windows
;

23

(v)
repeatedly surveilling the petitioner directly or
24

indirectly including, but not limited to, by remaining
25

present at or outside the petitioner's home, school, place
26

of employment, vehicle, or other place occupied by

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1

petitioner, by peering in petitioner's windows, through an
2

electronic tracking or monitoring device, a system or
3

other electronic means, or by acquiring tracking
4

information to determine the petitioner's location,
5

movement, or travel patterns without the petitioner's
6

knowledge and consent;
7

(vi) non-consensual creation, dissemination or
8

threatening the non-consensual dissemination of private
9

sexual images and digitally altered sexual images as
10

defined in the Civil Remedies for Nonconsensual
11

Dissemination of Private Sexual Images Act;
12

(vii) repeatedly contacting the petitioner directly or
13

indirectly through any means including, but not limited
14

to, telephonic, electronic or online;
15

(viii) using an electronic tracking or monitoring,
16

device, a system or other electronic means, or acquiring
17

tracking information to determine the petitioner's
18

location, movement, or travel patterns without the
19

petitioner's knowledge or consent;

20

(ix)
improperly concealing a minor child from
21

petitioner, repeatedly threatening to improperly remove a
22

minor child of petitioner's from the jurisdiction or from
23

the physical care of petitioner, repeatedly threatening to
24

conceal a minor child from petitioner, or making a single
25

such threat following an actual or attempted improper
26

removal or concealment, unless respondent was fleeing an

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1

incident or pattern of domestic violence; or

2

(x)

(vi)
threatening physical force, confinement or
3

restraint on one or more occasions.
4

(8) "High-risk adult with disabilities" means a person
5
aged 18 or over whose physical or mental disability impairs
6
his or her ability to seek or obtain protection from abuse,
7
neglect, or exploitation.
8

(9) "Interference with personal liberty" means committing
9
or threatening physical abuse, harassment, intimidation or
10
willful deprivation so as to compel another to engage in
11
conduct from which she or he has a right to abstain or to
12
refrain from conduct in which she or he has a right to engage.
13

(10) "Intimidation of a dependent" means subjecting a
14
person who is dependent because of age, health or disability
15
to participation in or the witnessing of: physical force
16
against another or physical confinement or restraint of
17
another which constitutes physical abuse as defined in this
18
Act, regardless of whether the abused person is a family or
19
household member.
20

(11) (A) "Neglect" means the failure to exercise that
21
degree of care toward a high-risk adult with disabilities
22
which a reasonable person would exercise under the
23
circumstances and includes but is not limited to:

24

(i) the failure to take reasonable steps to protect a
25

high-risk adult with disabilities from acts of abuse;

26

(ii) the repeated, careless imposition of unreasonable

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1

confinement;

2

(iii) the failure to provide food, shelter, clothing,
3

and personal hygiene to a high-risk adult with
4

disabilities who requires such assistance;

5

(iv) the failure to provide medical and rehabilitative
6

care for the physical and mental health needs of a
7

high-risk adult with disabilities; or

8

(v) the failure to protect a high-risk adult with
9

disabilities from health and safety hazards.
10

(B) Nothing in this subsection (10) shall be construed to
11
impose a requirement that assistance be provided to a
12
high-risk adult with disabilities over his or her objection in
13
the absence of a court order, nor to create any new affirmative
14
duty to provide support to a high-risk adult with
15
disabilities.
16

(12) "Order of protection" means an emergency order,
17
interim order or plenary order, granted pursuant to this Act,
18
which includes any or all of the remedies authorized by
19
Section 214 of this Act.
20

(13) "Petitioner" may mean not only any named petitioner
21
for the order of protection and any named victim of abuse on
22
whose behalf the petition is brought, but also any other
23
person protected by this Act.
24

(14) "Physical abuse" includes sexual abuse and means any
25
of the following:

26

(i) knowing or reckless use of physical force,

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1

confinement or restraint;

2

(ii) knowing, repeated and unnecessary sleep
3

deprivation; or

4

(iii) knowing or reckless conduct which creates an
5

immediate risk of physical harm.
6

(14.5) "Stay away" means for the respondent to refrain
7
from both physical presence and nonphysical contact with the
8
petitioner whether direct, indirect (including, but not
9
limited to, telephone calls, mail, email, faxes, and written
10
notes), or through third parties who may or may not know about
11
the order of protection.
12

(15) "Willful deprivation" means wilfully denying a person
13
who because of age, health or disability requires medication,
14
medical care, shelter, accessible shelter or services, food,
15
therapeutic device, or other physical assistance, and thereby
16
exposing that person to the risk of physical, mental or
17
emotional harm, except with regard to medical care or
18
treatment when the dependent person has expressed an intent to
19
forgo such medical care or treatment. This paragraph does not
20
create any new affirmative duty to provide support to
21
dependent persons.
22
(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)

23

(750 ILCS 60/212)

(from Ch. 40, par. 2312-12)
24

Sec. 212.
Hearings.
25

(a) A petition for an order of protection shall be treated

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1
as an expedited proceeding, and no court shall transfer or
2
otherwise decline to decide all or part of such petition
3
except as otherwise provided herein. Nothing in this Section
4
shall prevent the court from reserving issues when
5
jurisdiction or notice requirements are not met.
6

(b) Any court or a division thereof which ordinarily does
7
not decide matters of child custody and family support may
8
decline to decide contested issues of physical care, custody,
9
visitation, or family support unless a decision on one or more
10
of those contested issues is necessary to avoid the risk of
11
abuse, neglect, removal from the State or concealment within
12
the State of the child or of separation of the child from the
13
primary caretaker. If the court or division thereof has
14
declined to decide any or all of these issues, then it shall
15
transfer all undecided issues to the appropriate court or
16
division. In the event of such a transfer, a government
17
attorney involved in the criminal prosecution may, but need
18
not, continue to offer counsel to the petitioner on
19
transferred matters.
20

(c) If the court transfers or otherwise declines to decide
21
any issue, judgment on that issue shall be expressly reserved
22
and ruling on other issues shall not be delayed or declined.
23

(d) A court
in a county with a population above 250,000

24
shall offer the option of a remote hearing to a petitioner for
25
an order of protection. The court has the discretion to grant
26
or deny the request for a remote hearing
for good cause shown
.

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Each court shall determine the procedure for a remote hearing.
2
The petitioner
, applicable witnesses,
and respondent may
3
appear remotely or in person.
4

The court shall issue and publish a court order, standing
5
order, or local rule detailing information about the process
6
for requesting and participating in a remote court appearance.
7
The court order, standing order, or local rule shall be
8
published on the court's website and posted on signs
9
throughout the courthouse, including in the clerk's office.
10
The sign shall be written in plain language and include
11
information about the availability of remote court appearances
12
and the process for requesting a remote hearing.
13
(Source: P.A. 102-853, eff. 1-1-23; 103-154, eff. 6-30-23.)

14

(750 ILCS 60/214)

(from Ch. 40, par. 2312-14)
15

Sec. 214.
Order of protection; remedies.
16

(a) Issuance of order. If the court finds that petitioner
17
has been abused by a family or household member or that
18
petitioner is a high-risk adult who has been abused,
19
neglected, or exploited, as defined in this Act, an order of
20
protection prohibiting the abuse, neglect, or exploitation
21
shall issue; provided that petitioner must also satisfy the
22
requirements of one of the following Sections, as appropriate:
23
Section 217 on emergency orders, Section 218 on interim
24
orders, or Section 219 on plenary orders. Petitioner shall not
25
be denied an order of protection because petitioner or

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respondent is a minor. The court, when determining whether or
2
not to issue an order of protection, shall not require
3
physical manifestations of abuse on the person of the victim.
4
Modification and extension of prior orders of protection shall
5
be in accordance with this Act.
6

(b) Remedies and standards. The remedies to be included in
7
an order of protection shall be determined in accordance with
8
this Section and one of the following Sections, as
9
appropriate: Section 217 on emergency orders, Section 218 on
10
interim orders, and Section 219 on plenary orders. The
11
remedies listed in this subsection shall be in addition to
12
other civil or criminal remedies available to petitioner.
13

(1) Prohibition of abuse, neglect, or exploitation.
14

Prohibit respondent's harassment, interference with
15

personal liberty, intimidation of a dependent, physical
16

abuse, or willful deprivation, neglect or exploitation, as
17

defined in this Act, or stalking of the petitioner, as
18

defined in Section 12-7.3 of the Criminal Code of 2012, if
19

such abuse, neglect, exploitation, or stalking has
20

occurred or otherwise appears likely to occur if not
21

prohibited.
22

(2) Grant of exclusive possession of residence.
23

Prohibit respondent from entering or remaining in any
24

residence, household, or premises of the petitioner,
25

including one owned or leased by respondent, if petitioner
26

has a right to occupancy thereof. The grant of exclusive

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possession of the residence, household, or premises shall
2

not affect title to real property, nor shall the court be
3

limited by the standard set forth in subsection (c-2) of
4

Section 501 of the Illinois Marriage and Dissolution of
5

Marriage Act.
6

(A) Right to occupancy. A party has a right to
7

occupancy of a residence or household if it is solely
8

or jointly owned or leased by that party, that party's
9

spouse, a person with a legal duty to support that
10

party or a minor child in that party's care, or by any
11

person or entity other than the opposing party that
12

authorizes that party's occupancy (e.g., a domestic
13

violence shelter). Standards set forth in subparagraph
14

(B) shall not preclude equitable relief.
15

(B) Presumption of hardships. If petitioner and
16

respondent each has the right to occupancy of a
17

residence or household, the court shall balance (i)
18

the hardships to respondent and any minor child or
19

dependent adult in respondent's care resulting from
20

entry of this remedy with (ii) the hardships to
21

petitioner and any minor child or dependent adult in
22

petitioner's care resulting from continued exposure to
23

the risk of abuse (should petitioner remain at the
24

residence or household) or from loss of possession of
25

the residence or household (should petitioner leave to
26

avoid the risk of abuse). When determining the balance

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of hardships, the court shall also take into account
2

the accessibility of the residence or household.
3

Hardships need not be balanced if respondent does not
4

have a right to occupancy.
5

The balance of hardships is presumed to favor
6

possession by petitioner unless the presumption is
7

rebutted by a preponderance of the evidence, showing
8

that the hardships to respondent substantially
9

outweigh the hardships to petitioner and any minor
10

child or dependent adult in petitioner's care. The
11

court, on the request of petitioner or on its own
12

motion, may order respondent to provide suitable,
13

accessible, alternate housing for petitioner instead
14

of excluding respondent from a mutual residence or
15

household.
16

(3) Stay away order and additional prohibitions. Order
17

respondent to stay away from petitioner or any other
18

person protected by the order of protection, or prohibit
19

respondent from entering or remaining present at
20

petitioner's school, place of employment, or other
21

specified places at times when petitioner is present, or
22

both, if reasonable, given the balance of hardships.
23

Hardships need not be balanced for the court to enter a
24

stay away order or prohibit entry if respondent has no
25

right to enter the premises.
26

(A) If an order of protection grants petitioner

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1

exclusive possession of the residence, or prohibits
2

respondent from entering the residence, or orders
3

respondent to stay away from petitioner or other
4

protected persons, then the court may allow respondent
5

access to the residence to remove items of clothing
6

and personal adornment used exclusively by respondent,
7

medications, and other items as the court directs. The
8

right to access shall be exercised on only one
9

occasion as the court directs and in the presence of an
10

agreed-upon adult third party or law enforcement
11

officer.
12

(B) When the petitioner and the respondent attend
13

the same public, private, or non-public elementary,
14

middle, or high school, the court when issuing an
15

order of protection and providing relief shall
16

consider the severity of the act, any continuing
17

physical danger or emotional distress to the
18

petitioner, the educational rights guaranteed to the
19

petitioner and respondent under federal and State law,
20

the availability of a transfer of the respondent to
21

another school, a change of placement or a change of
22

program of the respondent, the expense, difficulty,
23

and educational disruption that would be caused by a
24

transfer of the respondent to another school, and any
25

other relevant facts of the case. The court may order
26

that the respondent not attend the public, private, or

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1

non-public elementary, middle, or high school attended
2

by the petitioner, order that the respondent accept a
3

change of placement or change of program, as
4

determined by the school district or private or
5

non-public school, or place restrictions on the
6

respondent's movements within the school attended by
7

the petitioner. The respondent bears the burden of
8

proving by a preponderance of the evidence that a
9

transfer, change of placement, or change of program of
10

the respondent is not available. The respondent also
11

bears the burden of production with respect to the
12

expense, difficulty, and educational disruption that
13

would be caused by a transfer of the respondent to
14

another school. A transfer, change of placement, or
15

change of program is not unavailable to the respondent
16

solely on the ground that the respondent does not
17

agree with the school district's or private or
18

non-public school's transfer, change of placement, or
19

change of program or solely on the ground that the
20

respondent fails or refuses to consent or otherwise
21

does not take an action required to effectuate a
22

transfer, change of placement, or change of program.
23

When a court orders a respondent to stay away from the
24

public, private, or non-public school attended by the
25

petitioner and the respondent requests a transfer to
26

another attendance center within the respondent's

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1

school district or private or non-public school, the
2

school district or private or non-public school shall
3

have sole discretion to determine the attendance
4

center to which the respondent is transferred. In the
5

event the court order results in a transfer of the
6

minor respondent to another attendance center, a
7

change in the respondent's placement, or a change of
8

the respondent's program, the parents, guardian, or
9

legal custodian of the respondent is responsible for
10

transportation and other costs associated with the
11

transfer or change.
12

(C) The court may order the parents, guardian, or
13

legal custodian of a minor respondent to take certain
14

actions or to refrain from taking certain actions to
15

ensure that the respondent complies with the order. In
16

the event the court orders a transfer of the
17

respondent to another school, the parents, guardian,
18

or legal custodian of the respondent is responsible
19

for transportation and other costs associated with the
20

change of school by the respondent.
21

(4) Counseling. Require or recommend the respondent to
22

undergo counseling for a specified duration with a social
23

worker, psychologist, clinical psychologist,
24

psychiatrist, family service agency, alcohol or substance
25

abuse program, mental health center guidance counselor,
26

agency providing services to elders, program designed for

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1

domestic violence abusers or any other guidance service
2

the court deems appropriate. The Court may order the
3

respondent in any intimate partner relationship to report
4

to an Illinois Department of Human Services protocol
5

approved partner abuse intervention program for an
6

assessment and to follow all recommended treatment.
7

(5) Physical care and possession of the minor child.
8

In order to protect the minor child from abuse, neglect,
9

or unwarranted separation from the person who has been the
10

minor child's primary caretaker, or to otherwise protect
11

the well-being of the minor child, the court may do either
12

or both of the following: (i) grant petitioner physical
13

care or possession of the minor child, or both, or (ii)
14

order respondent to return a minor child to, or not remove
15

a minor child from, the physical care of a parent or person
16

in loco parentis.
17

If a court finds, after a hearing, that respondent has
18

committed abuse (as defined in Section 103) of a minor
19

child, there shall be a rebuttable presumption that
20

awarding physical care to respondent would not be in the
21

minor child's best interest.
22

(6) Temporary allocation of parental responsibilities:
23

significant decision-making. Award temporary
24

decision-making responsibility to petitioner in accordance
25

with this Section, the Illinois Marriage and Dissolution
26

of Marriage Act, the Illinois Parentage Act of 2015, and

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1

this State's Uniform Child-Custody Jurisdiction and
2

Enforcement Act.
3

If a court finds, after a hearing, that respondent has
4

committed abuse (as defined in Section 103) of a minor
5

child, there shall be a rebuttable presumption that
6

awarding temporary significant decision-making
7

responsibility to respondent would not be in the child's
8

best interest.
9

(7) Parenting time. Determine the parenting time, if
10

any, of respondent in any case in which the court awards
11

physical care or allocates temporary significant
12

decision-making responsibility of a minor child to
13

petitioner. The court shall restrict or deny respondent's
14

parenting time with a minor child if the court finds that
15

respondent has done or is likely to do any of the
16

following: (i) abuse or endanger the minor child during
17

parenting time; (ii) use the parenting time as an
18

opportunity to abuse or harass petitioner or petitioner's
19

family or household members; (iii) improperly conceal or
20

detain the minor child; or (iv) otherwise act in a manner
21

that is not in the best interests of the minor child. The
22

court shall not be limited by the standards set forth in
23

Section 603.10 of the Illinois Marriage and Dissolution of
24

Marriage Act. If the court grants parenting time, the
25

order shall specify dates and times for the parenting time
26

to take place or other specific parameters or conditions

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1

that are appropriate. No order for parenting time shall
2

refer merely to the term "reasonable parenting time".
3

Petitioner may deny respondent access to the minor
4

child if, when respondent arrives for parenting time,
5

respondent is under the influence of drugs or alcohol and
6

constitutes a threat to the safety and well-being of
7

petitioner or petitioner's minor children or is behaving
8

in a violent or abusive manner.
9

If necessary to protect any member of petitioner's
10

family or household from future abuse, respondent shall be
11

prohibited from coming to petitioner's residence to meet
12

the minor child for parenting time, and the parties shall
13

submit to the court their recommendations for reasonable
14

alternative arrangements for parenting time. A person may
15

be approved to supervise parenting time only after filing
16

an affidavit accepting that responsibility and
17

acknowledging accountability to the court.
18

(8) Removal or concealment of minor child. Prohibit
19

respondent from removing a minor child from the State or
20

concealing the child within the State.
21

(9) Order to appear. Order the respondent to appear in
22

court, alone or with a minor child, to prevent abuse,
23

neglect, removal or concealment of the child, to return
24

the child to the custody or care of the petitioner or to
25

permit any court-ordered interview or examination of the
26

child or the respondent.

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1

(10) Possession of personal property. Grant petitioner
2

exclusive possession of personal property and, if
3

respondent has possession or control, direct respondent to
4

promptly make it available to petitioner, if:
5

(i) petitioner, but not respondent, owns the
6

property; or
7

(ii) the parties own the property jointly; sharing
8

it would risk abuse of petitioner by respondent or is
9

impracticable; and the balance of hardships favors
10

temporary possession by 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 parties own the property jointly, and the
2

balance of hardships favors granting this remedy.
3

If petitioner's sole claim to ownership of the
4

property is that it is marital property, the court may
5

grant petitioner relief under subparagraph (ii) of this
6

paragraph only if a proper proceeding has been filed under
7

the Illinois Marriage and Dissolution of Marriage Act, as
8

now or hereafter amended.
9

The court may further prohibit respondent from
10

improperly using the financial or other resources of an
11

aged member of the family or household for the profit or
12

advantage of respondent or of any other person.
13

(11.5) Protection of animals. Grant the petitioner the
14

exclusive care, custody, or control of any animal owned,
15

possessed, leased, kept, or held by either the petitioner
16

or the respondent or a minor child residing in the
17

residence or household of either the petitioner or the
18

respondent and order the respondent to stay away from the
19

animal and forbid the respondent from taking,
20

transferring, encumbering, concealing, harming, or
21

otherwise disposing of the animal.
22

(12) Order for payment of support. Order respondent to
23

pay temporary support for the petitioner or any child in
24

the petitioner's care or over whom the petitioner has been
25

allocated parental responsibility, when the respondent has
26

a legal obligation to support that person, in accordance

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1

with the Illinois Marriage and Dissolution of Marriage
2

Act, which shall govern, among other matters, the amount
3

of support, payment through the clerk and withholding of
4

income to secure payment. An order for child support may
5

be granted to a petitioner with lawful physical care of a
6

child, or an order or agreement for physical care of a
7

child, prior to entry of an order allocating significant
8

decision-making responsibility. Such a support order shall
9

expire upon entry of a valid order allocating parental
10

responsibility differently and vacating the petitioner's
11

significant decision-making authority, unless otherwise
12

provided in the order.
13

(13) Order for payment of losses. Order respondent to
14

pay petitioner for losses suffered as a direct result of
15

the abuse, neglect, or exploitation. Such losses shall
16

include, but not be limited to, medical expenses, lost
17

earnings or other support, repair or replacement of
18

property damaged or taken, reasonable attorney's fees,
19

court costs and moving or other travel expenses, including
20

additional reasonable expenses for temporary shelter and
21

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 possession of firearms and
18

firearm parts; search and seizure of firearms and firearms
19

parts.
20

(A)(i) Prohibit a respondent against whom an
21

emergency, interim, or plenary order of protection was
22

issued from possessing, during the duration of the
23

order, any firearms or firearm parts that could be
24

assembled into an operable firearm if a search warrant
25

is issued under (A-1) or the order:
26

(aa) was issued after a hearing of which such

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1

person received actual notice, and at which such
2

person had an opportunity to participate, or the
3

petitioner has satisfied the requirements of
4

Section 217;
5

(bb) restrains such person from using physical
6

force; harassing, stalking, or threatening an
7

intimate partner of such person or child of such
8

intimate partner or person; or engaging in other
9

conduct that would place an intimate partner in
10

reasonable fear of bodily injury to the partner or
11

child; and
12

(cc) includes a finding that such person
13

represents a credible threat to the physical
14

safety of such intimate partner or child.
15

(ii) The court shall order any respondent
16

prohibited from possessing firearms under item (i) of
17

subparagraph (A) to surrender any firearms or firearm
18

parts that could be assembled to make an operable
19

firearm. Any firearms or firearm parts on the
20

respondent's person or at the place of service shall
21

be surrendered to the serving officers at the time of
22

service of the order of protection, and any other
23

firearms or firearm parts shall be surrendered to
24

local law enforcement within 24 hours of service of
25

the order of protection. Any Firearm Owner's
26

Identification Card or Concealed Carry License in the

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1

possession of the respondent, except as provided in
2

subparagraph (B), shall also be ordered by the court
3

to be turned over to the officer serving the order of
4

protection at the time of service or, if not on the
5

respondent's person or at the location where the
6

respondent is served at the time of service, to local
7

law enforcement within 24 hours of service of the
8

order of protection. The law enforcement agency shall
9

immediately mail the card, as well as any license, to
10

the Illinois State Police Firearm Owner's
11

Identification Card Office for safekeeping.
12

(A-1)(i) Upon issuance of an emergency, interim,
13

or plenary order of protection and subject to the
14

provisions of item (ii) of this subparagraph (A-1),
15

the court shall issue a search warrant for the seizure
16

of any firearms or firearm parts that could be
17

assembled to make an operable firearm belonging to the
18

respondent if the court, based upon sworn testimony,
19

finds that:
20

(aa) the respondent poses a credible threat to
21

the physical safety of the petitioner protected by
22

the order of protection; and
23

(bb) probable cause exists to believe that:
24

(I) the respondent possesses firearms or
25

firearm parts that could be assembled to make
26

an operable firearm;

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(II) the firearms or firearm parts that
2

could be assembled to make an operable firearm
3

are located at the residence, vehicle, or
4

other property of the respondent to be
5

searched; and
6

(III) the credible threat to the physical
7

safety of the petitioner protected by the
8

order of protection is immediate and present.
9

The record shall reflect the court's findings in
10

determining whether the search warrant shall be
11

issued.
12

(ii) If the petitioner does not seek a warrant
13

under this subparagraph (A-1) or the court determines
14

that the requirements of this subparagraph (A-1) have
15

not been met, relief under subparagraph (A) alone may
16

be granted.
17

(iii) An ex parte search warrant shall be granted
18

under this subparagraph (A-1) only if the court finds
19

that:
20

(aa) the elements of item (i) of subparagraph
21

(A-1) have been met;
22

(bb) personal injury to the petitioner is
23

likely to occur if the respondent received prior
24

notice; and
25

(cc) the petitioner has otherwise satisfied
26

the requirements of Section 217 of this Act.

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(iv) Oral testimony is sufficient in lieu of an
2

affidavit to support a finding of probable cause.
3

(v) A search warrant issued under this
4

subparagraph (A-1) shall be directed by the court for
5

enforcement to the law enforcement agency with primary
6

responsibility for responding to calls for service at
7

the location to be searched or to another appropriate
8

law enforcement agency if justified by the
9

circumstances. The search warrant shall specify with
10

particularity the scope of the search, including the
11

property to be searched, and shall direct the law
12

enforcement agency to seize the respondent's firearms
13

and firearm parts that could be assembled to make an
14

operable firearm. Law enforcement shall also be
15

directed to seize any Firearm Owner's Identification
16

Card and any Concealed Carry License belonging to the
17

respondent.
18

(vi) The petitioner shall prepare an information
19

sheet, reviewed by the court, for law enforcement at
20

the time the warrant is granted. The information sheet
21

shall include:
22

(aa) contact information for the petitioner,
23

the petitioner's attorney, or both, including a
24

telephone number and email, if available;
25

(bb) a physical description of the respondent,
26

including the respondent's date of birth, if

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1

known, or approximate age, height, weight, race,
2

and hair color;
3

(cc) days and times that the respondent is
4

likely to be at the property to be searched, if
5

known; and
6

(dd) whether people other than the respondent
7

are likely to be present at the property to be
8

searched and when, if known.
9

(vii) The information sheet shall be transmitted
10

to the law enforcement agency to which the search
11

warrant is directed in the same manner as the warrant
12

is transmitted under Section 222 of this Act.
13

(viii) If the court, after determining a search
14

warrant should issue, finds that the petitioner has
15

made a credible report of domestic violence to the
16

local law enforcement agency within the previous 90
17

days, law enforcement shall execute the warrant no
18

later than 96 hours after receipt of the warrant. If
19

the court finds that petitioner has not made such a
20

report, the law enforcement agency to which the court
21

has directed the warrant shall, within 48 hours of
22

receipt, evaluate the warrant and seek any corrections
23

to the warrant, and, if applicable, add to or negate
24

the warrant. The record shall reflect the court's
25

findings in determining whether to correct, add, or
26

negate the warrant. If a change is made regarding the

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1

search warrant, law enforcement shall execute the
2

warrant no later than 96 hours after the correction is
3

issued. The law enforcement agency shall notify the
4

petitioner of any changes to the warrant or if the
5

warrant has been negated. The law enforcement agency
6

to which the court has directed the warrant may
7

coordinate with other law enforcement agencies to
8

execute the warrant. A return of the warrant shall be
9

filed by the law enforcement agency within 24 hours of
10

execution, setting forth the time, date, and location
11

where the warrant was executed and what items, if any,
12

were seized. If the court is not in session, the return
13

information shall be returned on the next date the
14

court is in session. Subject to the provisions of this
15

Section, peace officers shall have the same authority
16

to execute a warrant issued pursuant to this
17

subsection as a warrant issued under Article 108 of
18

the Code of Criminal Procedure of 1963.
19

(ix) Upon discovering a defect in the search
20

warrant, the appropriate law enforcement agency may
21

petition the court to correct the warrant. The law
22

enforcement agency shall notify the petitioner of any
23

such correction.
24

(x) Upon petition by the appropriate law
25

enforcement agency, the court may modify the search
26

warrant or extend the time to execute the search

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warrant for a period of no more than 96 hours. In
2

determining whether to modify or extend the warrant,
3

the court shall consider:
4

(aa) any increased risk to the petitioner's
5

safety that may result from a modification or
6

extension of the warrant;
7

(bb) any unnecessary risk to law enforcement
8

that would be mitigated by a modification or
9

extension of the warrant;
10

(cc) any risks to third parties at the
11

location to be searched that would be mitigated by
12

a modification or extension of the warrant; and
13

(dd) the likelihood of successful execution of
14

warrant.
15

The record shall reflect the court's findings in
16

determining whether to extend or modify the warrant.
17

The law enforcement agency shall notify the petitioner
18

of any modification or extension of the warrant.
19

(xi) Service of any order of protection shall, to
20

the extent possible, be concurrent with the execution
21

of any search warrant under this paragraph.
22

(B) If the respondent is a peace officer as
23

defined in Section 2-13 of the Criminal Code of 2012,
24

the court shall order that any firearms used by the
25

respondent in the performance of his or her duties as a
26

peace officer be surrendered to the chief law

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1

enforcement executive of the agency in which the
2

respondent is employed, who shall retain the firearms
3

for safekeeping for the duration of the order of
4

protection.
5

(C)(i) Any firearms or firearm parts that could be
6

assembled to make an operable firearm shall be kept by
7

the law enforcement agency that took possession of the
8

items for safekeeping, except as provided in
9

subparagraph (B). The period of safekeeping shall be
10

for the duration of the order of protection. Except as
11

provided in subparagraph (E), the respondent is
12

prohibited from transferring firearms or firearm parts
13

to another individual in lieu of surrender to law
14

enforcement. The law enforcement agency shall provide
15

an itemized statement of receipt to the respondent and
16

the court describing any seized or surrendered
17

firearms or firearm parts and informing the respondent
18

that the respondent may seek the return of the
19

respondent's items at the end of the order of
20

protection. The law enforcement agency may enter
21

arrangements, as needed, with federally licensed
22

firearm dealers or other law enforcement agencies for
23

the storage of any firearms seized or surrendered
24

under this subsection.
25

(ii) It is the respondent's responsibility to
26

request the return or reinstatement of any Firearm

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1

Owner's Identification Card or Concealed Carry License
2

and notify the Illinois State Police Firearm Owner's
3

Identification Card Office at the end of the Order of
4

Protection.
5

(iii) At the end of the order of protection, a
6

respondent may request the return of any seized or
7

surrendered firearms or firearm parts that could be
8

assembled to make an operable firearm. Such firearms
9

or firearm parts shall be returned within 14 days of
10

the request to the respondent, if the respondent is
11

lawfully eligible to possess firearms, or to a
12

designated third party who is lawfully eligible to
13

possess firearms. If the firearms or firearm parts
14

cannot be returned to respondent because (1) the
15

respondent has not requested the return or transfer of
16

the firearms or firearm parts as set forth in this
17

subparagraph, and (2) the respondent cannot be located
18

or fails to respond to more than 3 requests to retrieve
19

the firearms or firearm parts the court may, or is not
20

lawfully eligible to possess a firearm, upon petition
21

from the appropriate law enforcement agency and notice
22

to the respondent at the respondent's last known
23

address, order the law enforcement agency to destroy
24

the firearms or firearm parts; use the firearms or
25

firearm parts for training purposes or for any other
26

application as deemed appropriate by the law

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1

enforcement agency; or turn over the firearm or
2

firearm parts to a third party who is lawfully
3

eligible to possess firearms, and who does not reside
4

with respondent.
5

(D)(i) If a person other than the respondent
6

claims title to any firearms and firearm parts that
7

could be assembled to make an operable firearm seized
8

or surrendered under this subsection, the person may
9

petition the court to have the firearm and firearm
10

parts that could be assembled to make an operable
11

firearm returned to him or her with proper notice to
12

the petitioner and respondent. If, at a hearing on the
13

petition, the court determines the person to be the
14

lawful owner of the firearm and firearm parts that
15

could be assembled to make an operable firearm, the
16

firearm and firearm parts that could be assembled to
17

make an operable firearm shall be returned to the
18

person, provided that:
19

(aa) the firearm and firearm parts that could
20

be assembled to make an operable firearm are
21

removed from the respondent's custody, control, or
22

possession and the lawful owner agrees to store
23

the firearm and firearm parts that could be
24

assembled to make an operable firearm in a manner
25

such that the respondent does not have access to
26

or control of the firearm and firearm parts that

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1

could be assembled to make an operable firearm;
2

and
3

(bb) the firearm and firearm parts that could
4

be assembled to make an operable firearm are not
5

otherwise unlawfully possessed by the owner.
6

(ii) The person petitioning for the return of his
7

or her firearm and firearm parts that could be
8

assembled to make an operable firearm must swear or
9

affirm by affidavit that he or she:
10

(aa) is the lawful owner of the firearm and
11

firearm parts that could be assembled to make an
12

operable firearm;
13

(bb) shall not transfer the firearm and
14

firearm parts that could be assembled to make an
15

operable firearm to the respondent; and
16

(cc) will store the firearm and firearm parts
17

that could be assembled to make an operable
18

firearm in a manner that the respondent does not
19

have access to or control of the firearm and
20

firearm parts that could be assembled to make an
21

operable firearm.
22

(E)(i) The respondent may file a motion to
23

transfer, at the next scheduled hearing, any seized or
24

surrendered firearms or firearm parts to a third
25

party. Notice of the motion shall be provided to the
26

petitioner and the third party must appear at the

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1

hearing.
2

(ii) The court may order transfer of the seized or
3

surrendered firearm or firearm parts only if:
4

(aa) the third party transferee affirms by
5

affidavit to the open court that:
6

(I) the third party transferee does not
7

reside with the respondent;
8

(II) the respondent does not have access
9

to the location in which the third party
10

transferee intends to keep the firearms or
11

firearm parts;
12

(III) the third party transferee will not
13

transfer the firearm or firearm parts to the
14

respondent or anyone who resides with the
15

respondent;
16

(IV) the third party transferee will
17

maintain control and possession of the firearm
18

or firearm parts until otherwise ordered by
19

the court; and
20

(V) the third party transferee will be
21

subject to criminal penalties for transferring
22

the firearms or firearm parts to the
23

respondent; and
24

(bb) the court finds that:
25

(I) the respondent holds a valid Firearm
26

Owner's Identification; and

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1

(II) the transfer of firearms or firearm
2

parts to the third party transferee does not
3

place the petitioner or any other protected
4

parties at any additional threat or risk of
5

harm.
6

(15) Prohibition of access to records. If an order of
7

protection prohibits respondent from having contact with
8

the minor child, or if petitioner's address is omitted
9

under subsection (b) of Section 203, or if necessary to
10

prevent abuse or wrongful removal or concealment of a
11

minor child, the order shall deny respondent access to,
12

and prohibit respondent from inspecting, obtaining, or
13

attempting to inspect or obtain, school or any other
14

records of the minor child who is in the care of
15

petitioner.
16

(16) Order for payment of shelter services. Order
17

respondent to reimburse a shelter providing temporary
18

housing and counseling services to the petitioner for the
19

cost of the services, as certified by the shelter and
20

deemed reasonable by the court.
21

(17) Order for injunctive relief. Enter injunctive
22

relief necessary or appropriate to prevent further abuse
23

of a family or household member or further abuse, neglect,
24

or exploitation of a high-risk adult with disabilities or
25

to effectuate one of the granted remedies, if supported by
26

the balance of hardships. If the harm to be prevented by

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1

the injunction is abuse or any other harm that one of the
2

remedies listed in paragraphs (1) through (16) of this
3

subsection is designed to prevent, no further evidence is
4

necessary that the harm is an irreparable injury.
5

(18) Telephone services.
6

(A) Unless a condition described in subparagraph
7

(B) of this paragraph exists, the court may, upon
8

request by the petitioner, order a wireless telephone
9

service provider to transfer to the petitioner the
10

right to continue to use a telephone number or numbers
11

indicated by the petitioner and the financial
12

responsibility associated with the number or numbers,
13

as set forth in subparagraph (C) of this paragraph.
14

For purposes of this paragraph (18), the term
15

"wireless telephone service provider" means a provider
16

of commercial mobile service as defined in 47 U.S.C.
17

332. The petitioner may request the transfer of each
18

telephone number that the petitioner, or a minor child
19

in his or her custody, uses. The clerk of the court
20

shall serve the order on the wireless telephone
21

service provider's agent for service of process
22

provided to the Illinois Commerce Commission. The
23

order shall contain all of the following:
24

(i) The name and billing telephone number of
25

the account holder including the name of the
26

wireless telephone service provider that serves

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1

the account.
2

(ii) Each telephone number that will be
3

transferred.
4

(iii) A statement that the provider transfers
5

to the petitioner all financial responsibility for
6

and right to the use of any telephone number
7

transferred under this paragraph.
8

(B) A wireless telephone service provider shall
9

terminate the respondent's use of, and shall transfer
10

to the petitioner use of, the telephone number or
11

numbers indicated in subparagraph (A) of this
12

paragraph unless it notifies the petitioner, within 72
13

hours after it receives the order, that one of the
14

following applies:
15

(i) The account holder named in the order has
16

terminated the account.
17

(ii) A difference in network technology would
18

prevent or impair the functionality of a device on
19

a network if the transfer occurs.
20

(iii) The transfer would cause a geographic or
21

other limitation on network or service provision
22

to the petitioner.
23

(iv) Another technological or operational
24

issue would prevent or impair the use of the
25

telephone number if the transfer occurs.
26

(C) The petitioner assumes all financial

HB4312
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1

responsibility for and right to the use of any
2

telephone number transferred under this paragraph. In
3

this paragraph, "financial responsibility" includes
4

monthly service costs and costs associated with any
5

mobile device associated with the number.
6

(D) A wireless telephone service provider may
7

apply to the petitioner its routine and customary
8

requirements for establishing an account or
9

transferring a number, including requiring the
10

petitioner to provide proof of identification,
11

financial information, and customer preferences.
12

(E) Except for willful or wanton misconduct, a
13

wireless telephone service provider is immune from
14

civil liability for its actions taken in compliance
15

with a court order issued under this paragraph.
16

(F) All wireless service providers that provide
17

services to residential customers shall provide to the
18

Illinois Commerce Commission the name and address of
19

an agent for service of orders entered under this
20

paragraph (18). Any change in status of the registered
21

agent must be reported to the Illinois Commerce
22

Commission within 30 days of such change.
23

(G) The Illinois Commerce Commission shall
24

maintain the list of registered agents for service for
25

each wireless telephone service provider on the
26

Commission's website. The Commission may consult with

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1

wireless telephone service providers and the Circuit
2

Court Clerks on the manner in which this information
3

is provided and displayed.
4

(19) Require the respondent to cease harassment.
5

Require the respondent to:
6

(A) stop creating, using, disseminating and delete
7

the following harassing conduct:
8

(i) any and all material or statements that
9

constitute harassment under this Act, including,
10

but not limited to, doxing, electronically
11

generated or digitally altered content, sexual
12

private images and digitally altered sexual
13

images; and
14

(ii) any and all electronic tracking or
15

monitoring devices, system or other electronic
16

means, or tracking information; and
17

(B) present sufficient evidence that such
18

compliance has occurred.

19

(c) Relevant factors; findings.
20

(1) In determining whether to grant a specific remedy,
21

other than payment of support, the court shall consider
22

relevant factors, including but not limited to the
23

following:
24

(i) the nature, frequency, severity, pattern and
25

consequences of the respondent's past abuse, neglect
26

or exploitation of the petitioner or any family or

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1

household member, including the concealment of his or
2

her location in order to evade service of process or
3

notice, and the likelihood of danger of future abuse,
4

neglect, or exploitation to petitioner or any member
5

of petitioner's or respondent's family or household;
6

and
7

(ii) the danger that any minor child will be
8

abused or neglected or improperly relocated from the
9

jurisdiction, improperly concealed within the State or
10

improperly separated from the child's primary
11

caretaker.
12

(2) In comparing relative hardships resulting to the
13

parties from loss of possession of the family home, the
14

court shall consider relevant factors, including but not
15

limited to the following:
16

(i) availability, accessibility, cost, safety,
17

adequacy, location and other characteristics of
18

alternate housing for each party and any minor child
19

or dependent adult in the party's care;
20

(ii) the effect on the party's employment; and
21

(iii) the effect on the relationship of the party,
22

and any minor child or dependent adult in the party's
23

care, to family, school, church and community.
24

(3) Subject to the exceptions set forth in paragraph
25

(4) of this subsection, the court shall make its findings
26

in an official record or in writing, and shall at a minimum

HB4312
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1

set forth the following:
2

(i) That the court has considered the applicable
3

relevant factors described in paragraphs (1) and (2)
4

of this subsection.
5

(ii) Whether the conduct or actions of respondent,
6

unless prohibited, will likely cause irreparable harm
7

or continued abuse.
8

(iii) Whether it is necessary to grant the
9

requested relief in order to protect petitioner or
10

other alleged abused persons.
11

(4) For purposes of issuing an ex parte emergency
12

order of protection, the court, as an alternative to or as
13

a supplement to making the findings described in
14

paragraphs (c)(3)(i) through (c)(3)(iii) of this
15

subsection, may use the following procedure:
16

When a verified petition for an emergency order of
17

protection in accordance with the requirements of Sections
18

203 and 217 is presented to the court, the court shall
19

examine petitioner on oath or affirmation. An emergency
20

order of protection shall be issued by the court if it
21

appears from the contents of the petition and the
22

examination of petitioner that the averments are
23

sufficient to indicate abuse by respondent and to support
24

the granting of relief under the issuance of the emergency
25

order of protection.
26

(5) Never married parties. No rights or

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1

responsibilities for a minor child born outside of
2

marriage attach to a putative father until a father and
3

child relationship has been established under the Illinois
4

Parentage Act of 1984, the Illinois Parentage Act of 2015,
5

the Illinois Public Aid Code, Section 12 of the Vital
6

Records Act, the Juvenile Court Act of 1987, the Probate
7

Act of 1975, the Revised Uniform Reciprocal Enforcement of
8

Support Act, the Uniform Interstate Family Support Act,
9

the Expedited Child Support Act of 1990, any judicial,
10

administrative, or other act of another state or
11

territory, any other Illinois statute, or by any foreign
12

nation establishing the father and child relationship, any
13

other proceeding substantially in conformity with the
14

Personal Responsibility and Work Opportunity
15

Reconciliation Act of 1996 (Pub. L. 104-193), or where
16

both parties appeared in open court or at an
17

administrative hearing acknowledging under oath or
18

admitting by affirmation the existence of a father and
19

child relationship. Absent such an adjudication, finding,
20

or acknowledgment, no putative father shall be granted
21

temporary allocation of parental responsibilities,
22

including parenting time with the minor child, or physical
23

care and possession of the minor child, nor shall an order
24

of payment for support of the minor child be entered.
25

(d) Balance of hardships; findings. If the court finds
26
that the balance of hardships does not support the granting of

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1
a remedy governed by paragraph (2), (3), (10), (11), or (16) of
2
subsection (b) of this Section, which may require such
3
balancing, the court's findings shall so indicate and shall
4
include a finding as to whether granting the remedy will
5
result in hardship to respondent that would substantially
6
outweigh the hardship to petitioner from denial of the remedy.
7
The findings shall be an official record or in writing.
8

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

(1) Respondent has cause for any use of force, unless
11

that cause satisfies the standards for justifiable use of
12

force provided by Article 7 of the Criminal Code of 2012;
13

(2) Respondent was voluntarily intoxicated;
14

(3) Petitioner acted in self-defense or defense of
15

another, provided that, if petitioner utilized force, such
16

force was justifiable under Article 7 of the Criminal Code
17

of 2012;
18

(4) Petitioner did not act in self-defense or defense
19

of another;
20

(5) Petitioner left the residence or household to
21

avoid further abuse, neglect, or exploitation by
22

respondent;
23

(6) Petitioner did not leave the residence or
24

household to avoid further abuse, neglect, or exploitation
25

by respondent;
26

(7) Conduct by any family or household member excused

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1

the abuse, neglect, or exploitation by respondent, unless
2

that same conduct would have excused such abuse, neglect,
3

or exploitation if the parties had not been family or
4

household members.
5
(Source: P.A. 102-538, eff. 8-20-21; 103-1065, eff. 5-11-25
.)

6

(750 ILCS 60/220)

(from Ch. 40, par. 2312-20)
7

Sec. 220.
Duration and extension of orders.
8

(a) Duration of emergency and interim orders. Unless
9
re-opened or extended or voided by entry of an order of greater
10
duration:
11

(1) Emergency orders issued under Section 217 shall be
12

effective for not less than 14 nor more than 21 days;
13

(2) Interim orders shall be effective for up to 30
14

days.
15

(b) Duration of plenary orders.
16

(0.05) A plenary order of protection entered under
17

this Act shall be valid for a fixed period of time, not to
18

exceed two years.
19

(1) A plenary order of protection entered in
20

conjunction with another civil proceeding shall remain in
21

effect as follows:
22

(i) if entered as preliminary relief in that other
23

proceeding, until entry of final judgment in that
24

other proceeding;
25

(ii) if incorporated into the final judgment in

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1

that other proceeding, until the order of protection
2

is vacated or modified; or
3

(iii) if incorporated in an order for involuntary
4

commitment, until termination of both the involuntary
5

commitment and any voluntary commitment, or for a
6

fixed period of time not exceeding 2 years.
7

(2) Duration of an order of protection entered in
8

conjunction with a criminal prosecution or delinquency
9

petition shall remain in effect as provided in Section
10

112A-20 of the Code of Criminal Procedure of 1963.
11

(c) Computation of time. The duration of an order of
12
protection shall not be reduced by the duration of any prior
13
order of protection.
14

(d) Law enforcement records. When a plenary order of
15
protection expires upon the occurrence of a specified event,
16
rather than upon a specified date as provided in subsection
17
(b), no expiration date shall be entered in Illinois State
18
Police records. To remove the plenary order from those
19
records, either party shall request the clerk of the court to
20
file a certified copy of an order stating that the specified
21
event has occurred or that the plenary order has been vacated
22
or modified with the Sheriff, and the Sheriff shall direct
23
that law enforcement records shall be promptly corrected in
24
accordance with the filed order.
25

(e) Extension of orders. Any emergency, interim or plenary
26
order may be extended one or more times, as required, provided

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1
that the requirements of Section 217, 218 or 219, as
2
appropriate, are satisfied. If the motion for extension is
3
uncontested and petitioner seeks no modification of the order,
4
the order may be extended on the basis of petitioner's motion
5
or affidavit stating that there has been no material change in
6
relevant circumstances since entry of the order and stating
7
the reason for the requested extension. An extension of a
8
plenary order of protection may be granted, upon good cause
9
shown, to remain in effect until the order of protection is
10
vacated or modified. Extensions may be granted only in open
11
court and not under the provisions of subsection (c) of
12
Section 217, which applies only when the court is unavailable
13
at the close of business or on a court holiday.
14

(1) Motion to extend plenary order. Any motion to
15

extend a plenary order must be filed on or before the
16

expiration date. When the motion is filed, the plenary
17

order remains in effect until its original expiration date
18

or until the motion is presented or heard, whichever is
19

later. Upon the timely filing of the motion, the clerk
20

shall transmit to law enforcement the motion and notice of
21

motion with the next court date in accordance with
22

subsection (b) of Section 222. If the next court date is
23

after the expiration date of the original order, the next
24

court date shall be entered into LEADS as the updated
25

expiration date of the plenary order.
26

(2) A plenary order shall be extended if the court

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1

finds that since entry of the plenary order there has been
2

no material change in the relevant circumstances that met
3

the requirements of Section 214. An extension of a plenary
4

order may be granted for any fixed period of time or
5

indefinitely until the plenary order is vacated or
6

modified.
7

(3) If the motion to extend the plenary order is
8

uncontested, petitioner's motion or affidavit stating that
9

there has been no material change in relevant
10

circumstances since entry of the order and stating the
11

reason for the requested extension is sufficient for the
12

court to extend the plenary order for any length of time,
13

including indefinitely.
14

(4) The court may grant a contested request for an
15

extension of the plenary order for more than 2 years based
16

on good cause shown. Good cause is established by the
17

facts of the original order, and a new finding that a
18

compelling reason related to the physical danger,
19

emotional distress, safety, or well-being of the
20

petitioner or other protected parties exists for the
21

extension. Good cause is not required for uncontested
22

requests for any duration or contested requests for
23

extensions up to 2 years.
24

(5) A violation of the original order or a subsequent
25

incident of abuse is not required to grant the extension
26

or determine the length of the extension. Compliance with

HB4312
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LRB104 17114 JRC 30533 b
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the original order does not negate the basis or length of
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the extension.
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(6) Any requested modification to the plenary order
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independent from the length of the extension shall be
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determined in accordance with the requirements of Section
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224.

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(f) Termination date. Any order of protection which would
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expire on a court holiday shall instead expire at the close of
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the next court business day.
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(g) Statement of purpose. The practice of dismissing or
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suspending a criminal prosecution in exchange for the issuance
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of an order of protection undermines the purposes of this Act.
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This Section shall not be construed as encouraging that
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practice.
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(Source: P.A. 102-538, eff. 8-20-21.)

HB4312
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LRB104 17114 JRC 30533 b
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INDEX

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Statutes amended in order of appearance

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725 ILCS 5/112A-3
from Ch. 38, par. 112A-3
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725 ILCS 5/112A-5.5
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725 ILCS 5/112A-14
from Ch. 38, par. 112A-14
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725 ILCS 5/112A-20
from Ch. 38, par. 112A-20
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750 ILCS 60/103
from Ch. 40, par. 2311-3
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750 ILCS 60/212
from Ch. 40, par. 2312-12
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750 ILCS 60/214
from Ch. 40, par. 2312-14
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750 ILCS 60/220
from Ch. 40, par. 2312-20

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