DOM VIOLENCE ORDER-VIOLATION

Illinois General Assembly - Full Text of HB4836

Select Language

×

The Illinois General Assembly offers the Google Translate™ service for visitor convenience. In no way should it be considered accurate as to the translation of any content herein.

Visitors of the Illinois General Assembly website are encouraged to use other translation services available on the internet.

The English language version is always the official and authoritative version of this website.

NOTE: To return to the original English language version, select the "Show Original" button on the Google Translate™ menu bar at the top of the window.

Choose Language

English

Afrikaans

Albanian

Arabic

Armenian

Azerbaijani

Basque

Bengali

Bosnian

Catalan

Croatian

Czech

Danish

Dutch

Esperanto

Estonian

Filipino

Finnish

French

Galician

Georgian

German

Greek

Gujarati

Haitian Creole

Hausa

Hawaiian

Hebrew

Hindi

Hungarian

Icelandic

Indonesian

Interlingua

Interlingue

Inuktitut

Irish

Italian

Japanese

Javanese

Kannada

Khmer

Korean

Latin

Latvian

Lithuanian

Luxembourgish

Macedonian

Malagasy

Malayalam

Maltese

Maori

Marathi

Myanmar

Nepali

Norwegian

Odia

Pashto

Punjabi

Romanian

Russian

Samoan

Sango

Sanskrit

Sardinian

Sindhi

Sinhala

Slovak

Slovenian

Somali

Southern Sotho

Spanish

Sundanese

Swahili

Swedish

Tamil

Telugu

Thai

Tigrinya

Tonga

Turkish

Ukrainian

Urdu

Vietnamese

Welsh

Xhosa

Yiddish

Yoruba

Zulu

Powered by
Translate

Close

Illinois General Assembly

Top Navigation Bar

Translate

Learn

Select General Assembly

Search the 104th General Assembly

Enter search terms for legislation, members, committees, or schedules.

ILGA.GOV

LEGISLATION & LAWS

Bills & Resolutions

Public Acts

Illinois Compiled Statutes

Illinois Constitution

Search Legislation

Glossary

Guide

Reports & Inquiry

Legislative Reports

Special Reports

FTP Site

Legislator Lookup

Capitol Complex Phone Numbers

Rules & Regulations

Illinois Register

Administrative Rules

Senate

Members

Schedules

Committees

Request for Remote Testimony

Journals

Transcripts

Rules

Audio/Video

FOIA Information

Senate Employment Opportunities

Media Guidelines

House

Members

Schedules

Committees

Submit testimony for House Committees

Journals

Transcripts

Rules

Audio/Video

FOIA Information

House Employment Opportunities

Log In

Mobile Top Bar

Search the 104th General Assembly

Enter keywords to search the Illinois General Assembly website.

Full Text of HB4836

Home

Legislation

Full Text

HB4836 - 104th General Assembly

Bill Status

Full Text

Votes

Witness Slips

Select Menu

Bill Status

Full Text

Votes

Witness Slips

Printer Friendly Version

Introduced

Printer Friendly Version

Introduced

Open PDF

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4836

Introduced , by Rep. Maura Hirschauer

SYNOPSIS AS INTRODUCED:

725 ILCS 5/112A-14

from Ch. 38, par. 112A-14
725 ILCS 5/112A-23

from Ch. 38, par. 112A-23
750 ILCS 60/214

from Ch. 40, par. 2312-14
750 ILCS 60/223

from Ch. 40, par. 2312-23

Amends the Code of Criminal Procedure of 1963 and the Illinois
Domestic Violence Act of 1986. Provides that a person commits the crime of
violation of an order of protection under the Criminal Code of 1961 or the
Criminal Code of 2012 if the person, in violation of an order to surrender
the person's firearms and firearm parts, knowingly transfers a firearm or
firearm parts to the respondent or otherwise allows the respondent access
to a firearm or firearm parts. Provides that, if the law enforcement agency
seeks to correct or negate the warrant for the seizure of the respondent's
firearms and firearm parts, it shall take reasonable steps to notify the
petitioner before appearing before the court. Makes technical changes.
LRB104 17416 RLC 30841 b

A BILL FOR

HB4836
LRB104 17416 RLC 30841 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-14 and 112A-23 as follows:

6

(725 ILCS 5/112A-14)

(from Ch. 38, par. 112A-14)
7

Sec. 112A-14.
Domestic violence order of protection;
8
remedies.
9

(a) (Blank).
10

(b) The court may order any of the remedies listed in this
11
subsection (b). The remedies listed in this subsection (b)
12
shall be in addition to other civil or criminal remedies
13
available to petitioner.
14

(1) Prohibition of abuse. Prohibit respondent's
15

harassment, interference with personal liberty,
16

intimidation of a dependent, physical abuse, or willful
17

deprivation, as defined in this Article, if such abuse has
18

occurred or otherwise appears likely to occur if not
19

prohibited.
20

(2) Grant of exclusive possession of residence.
21

Prohibit respondent from entering or remaining in any
22

residence, household, or premises of the petitioner,
23

including one owned or leased by respondent, if petitioner

HB4836
- 2 -
LRB104 17416 RLC 30841 b
1

has a right to occupancy thereof. The grant of exclusive
2

possession of the residence, household, or premises shall
3

not affect title to real property, nor shall the court be
4

limited by the standard set forth in subsection (c-2) of
5

Section 501 of the Illinois Marriage and Dissolution of
6

Marriage Act.
7

(A) Right to occupancy. A party has a right to
8

occupancy of a residence or household if it is solely
9

or jointly owned or leased by that party, that party's
10

spouse, a person with a legal duty to support that
11

party or a minor child in that party's care, or by any
12

person or entity other than the opposing party that
13

authorizes that party's occupancy (e.g., a domestic
14

violence shelter). Standards set forth in subparagraph
15

(B) shall not preclude equitable relief.
16

(B) Presumption of hardships. If petitioner and
17

respondent each has the right to occupancy of a
18

residence or household, the court shall balance (i)
19

the hardships to respondent and any minor child or
20

dependent adult in respondent's care resulting from
21

entry of this remedy with (ii) the hardships to
22

petitioner and any minor child or dependent adult in
23

petitioner's care resulting from continued exposure to
24

the risk of abuse (should petitioner remain at the
25

residence or household) or from loss of possession of
26

the residence or household (should petitioner leave to

HB4836
- 3 -
LRB104 17416 RLC 30841 b
1

avoid the risk of abuse). When determining the balance
2

of hardships, the court shall also take into account
3

the accessibility of the residence or household.
4

Hardships need not be balanced if respondent does not
5

have a right to occupancy.
6

The balance of hardships is presumed to favor
7

possession by petitioner unless the presumption is
8

rebutted by a preponderance of the evidence, showing
9

that the hardships to respondent substantially
10

outweigh the hardships to petitioner and any minor
11

child or dependent adult in petitioner's care. The
12

court, on the request of petitioner or on its own
13

motion, may order respondent to provide suitable,
14

accessible, alternate housing for petitioner instead
15

of excluding respondent from a mutual residence or
16

household.
17

(3) Stay away order and additional prohibitions. Order
18

respondent to stay away from petitioner or any other
19

person protected by the domestic violence order of
20

protection, or prohibit respondent from entering or
21

remaining present at petitioner's school, place of
22

employment, or other specified places at times when
23

petitioner is present, or both, if reasonable, given the
24

balance of hardships. Hardships need not be balanced for
25

the court to enter a stay away order or prohibit entry if
26

respondent has no right to enter the premises.

HB4836
- 4 -
LRB104 17416 RLC 30841 b
1

(A) If a domestic violence order of protection
2

grants petitioner exclusive possession of the
3

residence, prohibits respondent from entering the
4

residence, or orders respondent to stay away from
5

petitioner or other protected persons, then the court
6

may allow respondent access to the residence to remove
7

items of clothing and personal adornment used
8

exclusively by respondent, medications, and other
9

items as the court directs. The right to access shall
10

be exercised on only one occasion as the court directs
11

and in the presence of an agreed-upon adult third
12

party or law enforcement officer.
13

(B) When the petitioner and the respondent attend
14

the same public, private, or non-public elementary,
15

middle, or high school, the court when issuing a
16

domestic violence order of protection and providing
17

relief shall consider the severity of the act, any
18

continuing physical danger or emotional distress to
19

the petitioner, the educational rights guaranteed to
20

the petitioner and respondent under federal and State
21

law, the availability of a transfer of the respondent
22

to another school, a change of placement or a change of
23

program of the respondent, the expense, difficulty,
24

and educational disruption that would be caused by a
25

transfer of the respondent to another school, and any
26

other relevant facts of the case. The court may order

HB4836
- 5 -
LRB104 17416 RLC 30841 b
1

that the respondent not attend the public, private, or
2

non-public elementary, middle, or high school attended
3

by the petitioner, order that the respondent accept a
4

change of placement or change of program, as
5

determined by the school district or private or
6

non-public school, or place restrictions on the
7

respondent's movements within the school attended by
8

the petitioner. The respondent bears the burden of
9

proving by a preponderance of the evidence that a
10

transfer, change of placement, or change of program of
11

the respondent is not available. The respondent also
12

bears the burden of production with respect to the
13

expense, difficulty, and educational disruption that
14

would be caused by a transfer of the respondent to
15

another school. A transfer, change of placement, or
16

change of program is not unavailable to the respondent
17

solely on the ground that the respondent does not
18

agree with the school district's or private or
19

non-public school's transfer, change of placement, or
20

change of program or solely on the ground that the
21

respondent fails or refuses to consent or otherwise
22

does not take an action required to effectuate a
23

transfer, change of placement, or change of program.
24

When a court orders a respondent to stay away from the
25

public, private, or non-public school attended by the
26

petitioner and the respondent requests a transfer to

HB4836
- 6 -
LRB104 17416 RLC 30841 b
1

another attendance center within the respondent's
2

school district or private or non-public school, the
3

school district or private or non-public school shall
4

have sole discretion to determine the attendance
5

center to which the respondent is transferred. If the
6

court order results in a transfer of the minor
7

respondent to another attendance center, a change in
8

the respondent's placement, or a change of the
9

respondent's program, the parents, guardian, or legal
10

custodian of the respondent is responsible for
11

transportation and other costs associated with the
12

transfer or change.
13

(C) The court may order the parents, guardian, or
14

legal custodian of a minor respondent to take certain
15

actions or to refrain from taking certain actions to
16

ensure that the respondent complies with the order. If
17

the court orders a transfer of the respondent to
18

another school, the parents, guardian, or legal
19

custodian of the respondent is responsible for
20

transportation and other costs associated with the
21

change of school by the respondent.
22

(4) Counseling. Require or recommend the respondent to
23

undergo counseling for a specified duration with a social
24

worker, psychologist, clinical psychologist,
25

psychiatrist, family service agency, alcohol or substance
26

abuse program, mental health center guidance counselor,

HB4836
- 7 -
LRB104 17416 RLC 30841 b
1

agency providing services to elders, program designed for
2

domestic violence abusers, or any other guidance service
3

the court deems appropriate. The court may order the
4

respondent in any intimate partner relationship to report
5

to an Illinois Department of Human Services protocol
6

approved partner abuse intervention program for an
7

assessment and to follow all recommended treatment.
8

(5) Physical care and possession of the minor child.
9

In order to protect the minor child from abuse, neglect,
10

or unwarranted separation from the person who has been the
11

minor child's primary caretaker, or to otherwise protect
12

the well-being of the minor child, the court may do either
13

or both of the following: (i) grant petitioner physical
14

care or possession of the minor child, or both, or (ii)
15

order respondent to return a minor child to, or not remove
16

a minor child from, the physical care of a parent or person
17

in loco parentis.
18

If the respondent is charged with abuse (as defined in
19

Section 112A-3 of this Code) of a minor child, there shall
20

be a rebuttable presumption that awarding physical care to
21

respondent would not be in the minor child's best
22

interest.
23

(6) Temporary allocation of parental responsibilities
24

and significant decision-making responsibilities. Award
25

temporary significant decision-making responsibility to
26

petitioner in accordance with this Section, the Illinois

HB4836
- 8 -
LRB104 17416 RLC 30841 b
1

Marriage and Dissolution of Marriage Act, the Illinois
2

Parentage Act of 2015, and this State's Uniform
3

Child-Custody Jurisdiction and Enforcement Act.
4

If the respondent is charged with abuse (as defined in
5

Section 112A-3 of this Code) of a minor child, there shall
6

be a rebuttable presumption that awarding temporary
7

significant decision-making responsibility to respondent
8

would not be in the child's best interest.
9

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

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

physical care or temporary significant decision-making
12

responsibility of a minor child to petitioner. The court
13

shall restrict or deny respondent's parenting time with a
14

minor child if the court finds that respondent has done or
15

is likely to do any of the following:
16

(i) abuse or endanger the minor child during
17

parenting time;
18

(ii) use the parenting time as an opportunity to
19

abuse or harass petitioner or petitioner's family or
20

household members;
21

(iii) improperly conceal or detain the minor
22

child; or
23

(iv) otherwise act in a manner that is not in the
24

best interests of the minor child.
25

The court shall not be limited by the standards set
26

forth in Section 603.10 of the Illinois Marriage and

HB4836
- 9 -
LRB104 17416 RLC 30841 b
1

Dissolution of Marriage Act. If the court grants parenting
2

time, the order shall specify dates and times for the
3

parenting time to take place or other specific parameters
4

or conditions that are appropriate. No order for parenting
5

time shall refer merely to the term "reasonable parenting
6

time". Petitioner may deny respondent access to the minor
7

child if, when respondent arrives for parenting time,
8

respondent is under the influence of drugs or alcohol and
9

constitutes a threat to the safety and well-being of
10

petitioner or petitioner's minor children or is behaving
11

in a violent or abusive manner. If necessary to protect
12

any member of petitioner's family or household from future
13

abuse, respondent shall be prohibited from coming to
14

petitioner's residence to meet the minor child for
15

parenting time, and the petitioner and respondent shall
16

submit to the court their recommendations for reasonable
17

alternative arrangements for parenting time. A person may
18

be approved to supervise parenting time only after filing
19

an affidavit accepting that responsibility and
20

acknowledging accountability to the court.
21

(8) Removal or concealment of minor child. Prohibit
22

respondent from removing a minor child from the State or
23

concealing the child within the State.
24

(9) Order to appear. Order the respondent to appear in
25

court, alone or with a minor child, to prevent abuse,
26

neglect, removal or concealment of the child, to return

HB4836
- 10 -
LRB104 17416 RLC 30841 b
1

the child to the custody or care of the petitioner, or to
2

permit any court-ordered interview or examination of the
3

child or the respondent.
4

(10) Possession of personal property. Grant petitioner
5

exclusive possession of personal property and, if
6

respondent has possession or control, direct respondent to
7

promptly make it available to petitioner, if:
8

(i) petitioner, but not respondent, owns the
9

property; or
10

(ii) the petitioner and respondent own the
11

property jointly; sharing it would risk abuse of
12

petitioner by respondent or is impracticable; and the
13

balance of hardships favors temporary possession by
14

petitioner.
15

If petitioner's sole claim to ownership of the
16

property is that it is marital property, the court may
17

award petitioner temporary possession thereof under the
18

standards of subparagraph (ii) of this paragraph only if a
19

proper proceeding has been filed under the Illinois
20

Marriage and Dissolution of Marriage Act, as now or
21

hereafter amended.
22

No order under this provision shall affect title to
23

property.
24

(11) Protection of property. Forbid the respondent
25

from taking, transferring, encumbering, concealing,
26

damaging, or otherwise disposing of any real or personal

HB4836
- 11 -
LRB104 17416 RLC 30841 b
1

property, except as explicitly authorized by the court,
2

if:
3

(i) petitioner, but not respondent, owns the
4

property; or
5

(ii) the petitioner and respondent own the
6

property jointly, and the balance of hardships favors
7

granting this remedy.
8

If petitioner's sole claim to ownership of the
9

property is that it is marital property, the court may
10

grant petitioner relief under subparagraph (ii) of this
11

paragraph only if a proper proceeding has been filed under
12

the Illinois Marriage and Dissolution of Marriage Act, as
13

now or hereafter amended.
14

The court may further prohibit respondent from
15

improperly using the financial or other resources of an
16

aged member of the family or household for the profit or
17

advantage of respondent or of any other person.
18

(11.5) Protection of animals. Grant the petitioner the
19

exclusive care, custody, or control of any animal owned,
20

possessed, leased, kept, or held by either the petitioner
21

or the respondent or a minor child residing in the
22

residence or household of either the petitioner or the
23

respondent and order the respondent to stay away from the
24

animal and forbid the respondent from taking,
25

transferring, encumbering, concealing, harming, or
26

otherwise disposing of the animal.

HB4836
- 12 -
LRB104 17416 RLC 30841 b
1

(12) Order for payment of support. Order respondent to
2

pay temporary support for the petitioner or any child in
3

the petitioner's care or over whom the petitioner has been
4

allocated parental responsibility, when the respondent has
5

a legal obligation to support that person, in accordance
6

with the Illinois Marriage and Dissolution of Marriage
7

Act, which shall govern, among other matters, the amount
8

of support, payment through the clerk and withholding of
9

income to secure payment. An order for child support may
10

be granted to a petitioner with lawful physical care of a
11

child, or an order or agreement for physical care of a
12

child, prior to entry of an order allocating significant
13

decision-making responsibility. Such a support order shall
14

expire upon entry of a valid order allocating parental
15

responsibility differently and vacating petitioner's
16

significant decision-making responsibility unless
17

otherwise provided in the order.
18

(13) Order for payment of losses. Order respondent to
19

pay petitioner for losses suffered as a direct result of
20

the abuse. Such losses shall include, but not be limited
21

to, medical expenses, lost earnings or other support,
22

repair or replacement of property damaged or taken,
23

reasonable attorney's fees, court costs, and moving or
24

other travel expenses, including additional reasonable
25

expenses for temporary shelter and restaurant meals.
26

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

HB4836
- 13 -
LRB104 17416 RLC 30841 b
1

entitled to seek maintenance, child support, or
2

property distribution from the other party under the
3

Illinois Marriage and Dissolution of Marriage Act, as
4

now or hereafter amended, the court may order
5

respondent to reimburse petitioner's actual losses, to
6

the extent that such reimbursement would be
7

"appropriate temporary relief", as authorized by
8

subsection (a)(3) of Section 501 of that Act.
9

(ii) Recovery of expenses. In the case of an
10

improper concealment or removal of a minor child, the
11

court may order respondent to pay the reasonable
12

expenses incurred or to be incurred in the search for
13

and recovery of the minor child, including, but not
14

limited to, legal fees, court costs, private
15

investigator fees, and travel costs.
16

(14) Prohibition of entry. Prohibit the respondent
17

from entering or remaining in the residence or household
18

while the respondent is under the influence of alcohol or
19

drugs and constitutes a threat to the safety and
20

well-being of the petitioner or the petitioner's children.
21

(14.5) Prohibition of possession of firearms and
22

firearm parts; search and seizure of firearms and firearm
23

parts.
24

(A) Subject to the provisions of subparagraph
25

(B-2), if applicable, a person who is subject to an
26

existing domestic violence order of protection issued

HB4836
- 14 -
LRB104 17416 RLC 30841 b
1

under this Code may not lawfully possess firearms or
2

firearm parts that could be assembled to make an
3

operable firearm or a Firearm Owner's Identification
4

Card under Section 8.2 of the Firearm Owners
5

Identification Card Act.
6

(B) Any firearms in the possession of the
7

respondent, except as provided in subparagraph (C) of
8

this paragraph (14.5) and subject to the provisions of
9

subparagraph (B-2), if applicable, shall be ordered by
10

the court to be surrendered to law enforcement for
11

safekeeping. Any firearms or firearm parts on the
12

respondent's person or at the place of service shall
13

be immediately surrendered to the serving officers at
14

the time of service of the order of protection, and any
15

other firearms or firearm parts shall be surrendered
16

to local law enforcement within 24 hours of service of
17

the order of protection. Any Firearm Owner's
18

Identification Card or Concealed Carry License in the
19

possession of the respondent, except as provided in
20

subparagraph (C), shall also be ordered by the court
21

to be turned over to serving officers at the time of
22

service of the order of protection or, if not on the
23

respondent's person or at the location where the
24

respondent is served at the time of service, to local
25

law enforcement within 24 hours of service of the
26

order. The law enforcement agency shall immediately

HB4836
- 15 -
LRB104 17416 RLC 30841 b
1

mail the card, as well as any license, to the Illinois
2

State Police Firearm Owner's Identification Card
3

Office for safekeeping.
4

(B-1) Upon request of the petitioner or the
5

State's Attorney on behalf of the petitioner, a law
6

enforcement officer may seek a search warrant based on
7

the allegations in the petition for the Order of
8

Protection.
9

(i) If requested by law enforcement, the court
10

shall issue a search warrant for the seizure of
11

any firearms or firearm parts that could be
12

assembled to make an operable firearm belonging to
13

the respondent at or after entry of an order of
14

protection if the court, based upon sworn
15

testimony and governed by Sections 108-3 and
16

108-4, finds probable cause exists that:
17

(aa) the respondent poses an immediate and
18

present credible threat to the physical safety
19

of the petitioner protected by the order of
20

protection;
21

(bb) the respondent possesses firearms or
22

firearm parts that could be assembled to make
23

an operable firearm; and
24

(cc) the firearms or firearm parts that
25

could be assembled to make an operable firearm
26

are located at the residence, vehicle, or

HB4836
- 16 -
LRB104 17416 RLC 30841 b
1

other property of the respondent to be
2

searched.
3

(ii) The search warrant shall specify with
4

particularity the scope of the search, including
5

the property to be searched, and shall direct the
6

law enforcement agency to seize the respondent's
7

firearms and firearm parts that could be assembled
8

to make an operable firearm. Law enforcement shall
9

also be directed to seize into their possession
10

any Firearm Owner's Identification Card and any
11

Concealed Carry License belonging to the
12

respondent.
13

(iii) The law enforcement agency to which the
14

court has directed the warrant shall execute the
15

warrant no later than 96 hours after issuance. The
16

law enforcement agency to which the court has
17

directed the warrant may coordinate with other law
18

enforcement agencies to execute the warrant. A
19

return of the warrant shall be filed by the law
20

enforcement agency within 24 hours of execution,
21

setting forth the time, date, and location where
22

the warrant was executed and what items, if any,
23

were seized. If the court is not in session, the
24

return information shall be returned on the next
25

date the court is in session. Subject to the
26

provisions of this Section, peace officers shall

HB4836
- 17 -
LRB104 17416 RLC 30841 b
1

have the same authority to execute a warrant
2

issued under this subsection as a warrant issued
3

under Article 108.
4

(iv) If the property to be searched is in
5

another county, the petitioner or the State's
6

Attorney may seek a search warrant in that county
7

with the law enforcement agency with primary
8

responsibility for responding to service calls at
9

the property to be searched. Regardless of whether
10

the petitioner is working with the State's
11

Attorney under subsection (d) of Section 112A-4.5,
12

the petitioner may request the State's Attorney's
13

assistance to request that the law enforcement
14

agency in the county where the property is located
15

seek a search warrant.
16

(v) Service of an order of protection shall,
17

to the extent possible, be concurrent with any
18

warrant issued under this paragraph.
19

(B-2) Ex parte relief may be granted under this
20

paragraph (14.5) only if the court finds that personal
21

injury to the petitioner is likely to occur if the
22

respondent received prior notice and if the petitioner
23

has otherwise satisfied the requirements of Section
24

112A-17.5 of this Article.
25

(C) If the respondent is a peace officer as
26

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

HB4836
- 18 -
LRB104 17416 RLC 30841 b
1

the court shall order that any firearms used by the
2

respondent in the performance of his or her duties as a
3

peace officer be surrendered to the chief law
4

enforcement executive of the agency in which the
5

respondent is employed, who shall retain the firearms
6

for safekeeping for the duration of the domestic
7

violence order of protection.
8

(D)(i) Any firearms or firearm parts that could be
9

assembled to make an operable firearm that have been
10

seized or surrendered shall be kept by the law
11

enforcement agency that took possession of the items
12

for safekeeping, except as provided in subparagraph
13

(C), (E), or (F). The period of safekeeping shall be
14

for the duration of the order of protection. Except as
15

provided in subparagraph (F), the respondent is
16

prohibited from transferring firearms or firearm parts
17

to another individual in lieu of surrender to law
18

enforcement. The law enforcement agency shall provide
19

an itemized statement of receipt to the respondent and
20

the court describing any seized or surrendered
21

firearms or firearm parts and informing the respondent
22

that the respondent may seek the return of the
23

respondent's items at the end of the order of
24

protection. The law enforcement agency may enter
25

arrangements, as needed, with federally licensed
26

firearm dealers or other law enforcement agencies for

HB4836
- 19 -
LRB104 17416 RLC 30841 b
1

the storage of any firearms seized or surrendered
2

under this subsection.
3

(ii) It is the respondent's responsibility to
4

request the return or reinstatement of any Firearm
5

Owner's Identification Card or Concealed Carry License
6

and to notify the Illinois State Police Firearm
7

Owner's Identification Card Office at the end of the
8

Order of Protection.
9

(iii) At the end of the order of protection, a
10

respondent may request the return of any seized or
11

surrendered firearms or firearm parts that could be
12

assembled to make an operable firearm. Seized or
13

surrendered firearms or firearm parts shall be
14

returned within 14 days of the request to the
15

respondent, if the respondent is lawfully eligible to
16

possess firearms, or to a designated third party who
17

is lawfully eligible to possess firearms. If the
18

firearms or firearm parts cannot be returned to
19

respondent because (1) the respondent has not
20

requested the return or transfer of the firearms or
21

firearm parts as set forth in this subparagraph and
22

(2) the respondent cannot be located or fails to
23

respond to more than 3 requests to retrieve the
24

firearms, upon petition from the appropriate law
25

enforcement agency and notice to the respondent at the
26

respondent's last known address, the court may order

HB4836
- 20 -
LRB104 17416 RLC 30841 b
1

the law enforcement agency to destroy the firearms or
2

firearm parts; use the firearms or firearm parts for
3

training purposes, or for any other application as
4

deemed appropriate by the law enforcement agency; or
5

turn over the firearms or firearm parts to a third
6

party who is lawfully eligible to possess firearms,
7

and who does not reside with respondent.
8

(E)(i) If a person other than the respondent
9

claims title to any firearms or firearm parts that
10

could be assembled to make an operable firearm seized
11

or surrendered under this subsection, the person may
12

petition the court to have the firearm and firearm
13

parts that could be assembled to make an operable
14

firearm returned to him or her with proper notice to
15

the petitioner and respondent. If, at a hearing on the
16

petition, the court determines the person to be the
17

lawful owner of the firearm and firearm parts that
18

could be assembled to make an operable firearm, the
19

firearm and firearm parts that could be assembled to
20

make an operable firearm shall be returned to the
21

person, provided that:
22

(aa) the firearm and firearm parts that could
23

be assembled to make an operable firearm are
24

removed from the respondent's custody, control, or
25

possession, and the lawful owner agrees to store
26

the firearm and firearm parts that could be

HB4836
- 21 -
LRB104 17416 RLC 30841 b
1

assembled to make an operable firearm in a manner
2

such that the respondent does not have access to
3

or control of the firearm and firearm parts that
4

could be assembled to make an operable firearm;
5

and
6

(bb) the firearm and firearm parts that could
7

be assembled to make an operable firearm are not
8

otherwise unlawfully possessed by the owner.
9

(ii) The person petitioning for the return of his
10

or her firearm and firearm parts that could be
11

assembled to make an operable firearm must swear or
12

affirm by affidavit that he or she:
13

(aa) is the lawful owner of the firearm and
14

firearm parts that could be assembled to make an
15

operable firearm;
16

(bb) shall not transfer the firearm and
17

firearm parts that could be assembled to make an
18

operable firearm to the respondent; and
19

(cc) will store the firearm and firearm parts
20

that could be assembled to make an operable
21

firearm in a manner that the respondent does not
22

have access to or control of the firearm and
23

firearm parts that could be assembled to make an
24

operable firearm.
25

(F)(i) The respondent may file a motion to
26

transfer, at the next scheduled hearing, any seized or

HB4836
- 22 -
LRB104 17416 RLC 30841 b
1

surrendered firearms or firearm parts to a third
2

party. Notice of the motion shall be provided to the
3

petitioner and the third party must appear at the
4

hearing.
5

(ii) The court may order transfer of the seized or
6

surrendered firearm or firearm parts only if:
7

(aa) the third party transferee affirms by
8

affidavit
and
to the open court that:
9

(I) the third party transferee does not
10

reside with the respondent;
11

(II) the respondent does not have access
12

to the location in which the third party
13

transferee intends to keep the firearms or
14

firearm parts;
15

(III) the third party transferee will not
16

transfer the firearm or firearm parts to the
17

respondent or anyone who resides with the
18

respondent;
19

(IV) the third party transferee will
20

maintain control and possession of the firearm
21

or firearm parts until otherwise ordered by
22

the court; and
23

(V) the third party transferee will be
24

subject to criminal penalties for transferring
25

the firearms or firearm parts to the
26

respondent; and

HB4836
- 23 -
LRB104 17416 RLC 30841 b
1

(bb) the court finds that:
2

(I) the
third party

respondent
holds a
3

valid Firearm Owner's Identification; and
4

(II) the transfer of firearms or firearm
5

parts to the third party transferee does not
6

place the petitioner or any other protected
7

parties at any additional threat or risk of
8

harm.
9

(15) Prohibition of access to records. If a domestic
10

violence order of protection prohibits respondent from
11

having contact with the minor child, or if petitioner's
12

address is omitted under subsection (b) of Section 112A-5
13

of this Code, or if necessary to prevent abuse or wrongful
14

removal or concealment of a minor child, the order shall
15

deny respondent access to, and prohibit respondent from
16

inspecting, obtaining, or attempting to inspect or obtain,
17

school or any other records of the minor child who is in
18

the care of petitioner.
19

(16) Order for payment of shelter services. Order
20

respondent to reimburse a shelter providing temporary
21

housing and counseling services to the petitioner for the
22

cost of the services, as certified by the shelter and
23

deemed reasonable by the court.
24

(17) Order for injunctive relief. Enter injunctive
25

relief necessary or appropriate to prevent further abuse
26

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

HB4836
- 24 -
LRB104 17416 RLC 30841 b
1

granted remedies, if supported by the balance of
2

hardships. If the harm to be prevented by the injunction
3

is abuse or any other harm that one of the remedies listed
4

in paragraphs (1) through (16) of this subsection is
5

designed to prevent, no further evidence is necessary to
6

establish that the harm is an irreparable injury.
7

(18) Telephone services.
8

(A) Unless a condition described in subparagraph
9

(B) of this paragraph exists, the court may, upon
10

request by the petitioner, order a wireless telephone
11

service provider to transfer to the petitioner the
12

right to continue to use a telephone number or numbers
13

indicated by the petitioner and the financial
14

responsibility associated with the number or numbers,
15

as set forth in subparagraph (C) of this paragraph. In
16

this paragraph (18), the term "wireless telephone
17

service provider" means a provider of commercial
18

mobile service as defined in 47 U.S.C. 332. The
19

petitioner may request the transfer of each telephone
20

number that the petitioner, or a minor child in his or
21

her custody, uses. The clerk of the court shall serve
22

the order on the wireless telephone service provider's
23

agent for service of process provided to the Illinois
24

Commerce Commission. The order shall contain all of
25

the following:
26

(i) The name and billing telephone number of

HB4836
- 25 -
LRB104 17416 RLC 30841 b
1

the account holder including the name of the
2

wireless telephone service provider that serves
3

the account.
4

(ii) Each telephone number that will be
5

transferred.
6

(iii) A statement that the provider transfers
7

to the petitioner all financial responsibility for
8

and right to the use of any telephone number
9

transferred under this paragraph.
10

(B) A wireless telephone service provider shall
11

terminate the respondent's use of, and shall transfer
12

to the petitioner use of, the telephone number or
13

numbers indicated in subparagraph (A) of this
14

paragraph unless it notifies the petitioner, within 72
15

hours after it receives the order, that one of the
16

following applies:
17

(i) The account holder named in the order has
18

terminated the account.
19

(ii) A difference in network technology would
20

prevent or impair the functionality of a device on
21

a network if the transfer occurs.
22

(iii) The transfer would cause a geographic or
23

other limitation on network or service provision
24

to the petitioner.
25

(iv) Another technological or operational
26

issue would prevent or impair the use of the

HB4836
- 26 -
LRB104 17416 RLC 30841 b
1

telephone number if the transfer occurs.
2

(C) The petitioner assumes all financial
3

responsibility for and right to the use of any
4

telephone number transferred under this paragraph. In
5

this paragraph, "financial responsibility" includes
6

monthly service costs and costs associated with any
7

mobile device associated with the number.
8

(D) A wireless telephone service provider may
9

apply to the petitioner its routine and customary
10

requirements for establishing an account or
11

transferring a number, including requiring the
12

petitioner to provide proof of identification,
13

financial information, and customer preferences.
14

(E) Except for willful or wanton misconduct, a
15

wireless telephone service provider is immune from
16

civil liability for its actions taken in compliance
17

with a court order issued under this paragraph.
18

(F) All wireless service providers that provide
19

services to residential customers shall provide to the
20

Illinois Commerce Commission the name and address of
21

an agent for service of orders entered under this
22

paragraph (18). Any change in status of the registered
23

agent must be reported to the Illinois Commerce
24

Commission within 30 days of such change.
25

(G) The Illinois Commerce Commission shall
26

maintain the list of registered agents for service for

HB4836
- 27 -
LRB104 17416 RLC 30841 b
1

each wireless telephone service provider on the
2

Commission's website. The Commission may consult with
3

wireless telephone service providers and the Circuit
4

Court Clerks on the manner in which this information
5

is provided and displayed.
6

(c) Relevant factors; findings.
7

(1) In determining whether to grant a specific remedy,
8

other than payment of support, the court shall consider
9

relevant factors, including, but not limited to, the
10

following:
11

(i) the nature, frequency, severity, pattern, and
12

consequences of the respondent's past abuse of the
13

petitioner or any family or household member,
14

including the concealment of his or her location in
15

order to evade service of process or notice, and the
16

likelihood of danger of future abuse to petitioner or
17

any member of petitioner's or respondent's family or
18

household; and
19

(ii) the danger that any minor child will be
20

abused or neglected or improperly relocated from the
21

jurisdiction, improperly concealed within the State,
22

or improperly separated from the child's primary
23

caretaker.
24

(2) In comparing relative hardships resulting to the
25

parties from loss of possession of the family home, the
26

court shall consider relevant factors, including, but not

HB4836
- 28 -
LRB104 17416 RLC 30841 b
1

limited to, the following:
2

(i) availability, accessibility, cost, safety,
3

adequacy, location, and other characteristics of
4

alternate housing for each party and any minor child
5

or dependent adult in the party's care;
6

(ii) the effect on the party's employment; and
7

(iii) the effect on the relationship of the party,
8

and any minor child or dependent adult in the party's
9

care, to family, school, church, and community.
10

(3) Subject to the exceptions set forth in paragraph
11

(4) of this subsection (c), the court shall make its
12

findings in an official record or in writing, and shall at
13

a minimum set forth the following:
14

(i) That the court has considered the applicable
15

relevant factors described in paragraphs (1) and (2)
16

of this subsection (c).
17

(ii) Whether the conduct or actions of respondent,
18

unless prohibited, will likely cause irreparable harm
19

or continued abuse.
20

(iii) Whether it is necessary to grant the
21

requested relief in order to protect petitioner or
22

other alleged abused persons.
23

(4) (Blank).
24

(5) Never married parties. No rights or
25

responsibilities for a minor child born outside of
26

marriage attach to a putative father until a father and

HB4836
- 29 -
LRB104 17416 RLC 30841 b
1

child relationship has been established under the Illinois
2

Parentage Act of 1984, the Illinois Parentage Act of 2015,
3

the Illinois Public Aid Code, Section 12 of the Vital
4

Records Act, the Juvenile Court Act of 1987, the Probate
5

Act of 1975, the Uniform Interstate Family Support Act,
6

the Expedited Child Support Act of 1990, any judicial,
7

administrative, or other act of another state or
8

territory, any other statute of this State, or by any
9

foreign nation establishing the father and child
10

relationship, any other proceeding substantially in
11

conformity with the federal Personal Responsibility and
12

Work Opportunity Reconciliation Act of 1996, or when both
13

parties appeared in open court or at an administrative
14

hearing acknowledging under oath or admitting by
15

affirmation the existence of a father and child
16

relationship. Absent such an adjudication, no putative
17

father shall be granted temporary allocation of parental
18

responsibilities, including parenting time with the minor
19

child, or physical care and possession of the minor child,
20

nor shall an order of payment for support of the minor
21

child be entered.
22

(d) Balance of hardships; findings. If the court finds
23
that the balance of hardships does not support the granting of
24
a remedy governed by paragraph (2), (3), (10), (11), or (16) of
25
subsection (b) of this Section, which may require such
26
balancing, the court's findings shall so indicate and shall

HB4836
- 30 -
LRB104 17416 RLC 30841 b
1
include a finding as to whether granting the remedy will
2
result in hardship to respondent that would substantially
3
outweigh the hardship to petitioner from denial of the remedy.
4
The findings shall be an official record or in writing.
5

(e) Denial of remedies. Denial of any remedy shall not be
6
based, in whole or in part, on evidence that:
7

(1) respondent has cause for any use of force, unless
8

that cause satisfies the standards for justifiable use of
9

force provided by Article 7 of the Criminal Code of 2012;
10

(2) respondent was voluntarily intoxicated;
11

(3) petitioner acted in self-defense or defense of
12

another, provided that, if petitioner utilized force, such
13

force was justifiable under Article 7 of the Criminal Code
14

of 2012;
15

(4) petitioner did not act in self-defense or defense
16

of another;
17

(5) petitioner left the residence or household to
18

avoid further abuse by respondent;
19

(6) petitioner did not leave the residence or
20

household to avoid further abuse by respondent; or
21

(7) conduct by any family or household member excused
22

the abuse by respondent, unless that same conduct would
23

have excused such abuse if the parties had not been family
24

or household members.
25
(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
26
102-813, eff. 5-13-22; 103-1065, eff. 5-11-25
.)

HB4836
- 31 -
LRB104 17416 RLC 30841 b
1

(725 ILCS 5/112A-23)

(from Ch. 38, par. 112A-23)
2

Sec. 112A-23.
Enforcement of protective orders.
3

(a) When violation is crime. A violation of any protective
4
order, whether issued in a civil, quasi-criminal proceeding or
5
by a military judge, shall be enforced by a criminal court
6
when:
7

(1) The respondent commits the crime of violation of a
8

domestic violence order of protection pursuant to Section
9

12-3.4 or 12-30 of the Criminal Code of 1961 or the
10

Criminal Code of 2012, by having knowingly violated:
11

(i) remedies described in paragraph (1), (2), (3),
12

(14), or (14.5) of subsection (b) of Section 112A-14
13

of this Code,
14

(ii) a remedy, which is substantially similar to
15

the remedies authorized under paragraph (1), (2), (3),
16

(14), or (14.5) of subsection (b) of Section 214 of the
17

Illinois Domestic Violence Act of 1986, in a valid
18

order of protection, which is authorized under the
19

laws of another state, tribe, or United States
20

territory, or
21

(iii) any other remedy when the act constitutes a
22

crime against the protected parties as defined by the
23

Criminal Code of 1961 or the Criminal Code of 2012.
24

Prosecution for a violation of a domestic violence
25

order of protection shall not bar concurrent prosecution

HB4836
- 32 -
LRB104 17416 RLC 30841 b
1

for any other crime, including any crime that may have
2

been committed at the time of the violation of the
3

domestic violence order of protection; or
4

(1.5) A person commits the crime of violation of an
5

order of protection under Section 12-3.4 or 12-30 of the
6

Criminal Code of 1961 or the Criminal Code of 2012 if the
7

person, in violation of an order under subparagraph (E) or
8

(F) of paragraph (14.5) of subsection (b) of Section
9

112A-14 of this Code, knowingly transfers a firearm or
10

firearm parts to the respondent or otherwise allows the
11

respondent access to a firearm or firearm parts.

12

(2) The respondent commits the crime of child
13

abduction pursuant to Section 10-5 of the Criminal Code of
14

1961 or the Criminal Code of 2012, by having knowingly
15

violated:
16

(i) remedies described in paragraph (5), (6), or
17

(8) of subsection (b) of Section 112A-14 of this Code,
18

or
19

(ii) a remedy, which is substantially similar to
20

the remedies authorized under paragraph (1), (5), (6),
21

or (8) of subsection (b) of Section 214 of the Illinois
22

Domestic Violence Act of 1986, in a valid domestic
23

violence order of protection, which is authorized
24

under the laws of another state, tribe, or United
25

States territory.
26

(3) The respondent commits the crime of violation of a

HB4836
- 33 -
LRB104 17416 RLC 30841 b
1

civil no contact order when the respondent violates
2

Section 12-3.8 of the Criminal Code of 2012. Prosecution
3

for a violation of a civil no contact order shall not bar
4

concurrent prosecution for any other crime, including any
5

crime that may have been committed at the time of the
6

violation of the civil no contact order.
7

(4) The respondent commits the crime of violation of a
8

stalking no contact order when the respondent violates
9

Section 12-3.9 of the Criminal Code of 2012. Prosecution
10

for a violation of a stalking no contact order shall not
11

bar concurrent prosecution for any other crime, including
12

any crime that may have been committed at the time of the
13

violation of the stalking no contact order.
14

(b) When violation is contempt of court. A violation of
15
any valid protective order, whether issued in a civil or
16
criminal proceeding or by a military judge, may be enforced
17
through civil or criminal contempt procedures, as appropriate,
18
by any court with jurisdiction, regardless where the act or
19
acts which violated the protective order were committed, to
20
the extent consistent with the venue provisions of this
21
Article. Nothing in this Article shall preclude any Illinois
22
court from enforcing any valid protective order issued in
23
another state. Illinois courts may enforce protective orders
24
through both criminal prosecution and contempt proceedings,
25
unless the action which is second in time is barred by
26
collateral estoppel or the constitutional prohibition against

HB4836
- 34 -
LRB104 17416 RLC 30841 b
1
double jeopardy.
2

(1) In a contempt proceeding where the petition for a
3

rule to show cause sets forth facts evidencing an
4

immediate danger that the respondent will flee the
5

jurisdiction, conceal a child, or inflict physical abuse
6

on the petitioner or minor children or on dependent adults
7

in petitioner's care, the court may order the attachment
8

of the respondent without prior service of the rule to
9

show cause or the petition for a rule to show cause. Bond
10

shall be set unless specifically denied in writing.
11

(2) A petition for a rule to show cause for violation
12

of a protective order shall be treated as an expedited
13

proceeding.
14

(c) Violation of custody, allocation of parental
15
responsibility, or support orders. A violation of remedies
16
described in paragraph (5), (6), (8), or (9) of subsection (b)
17
of Section 112A-14 of this Code may be enforced by any remedy
18
provided by Section 607.5 of the Illinois Marriage and
19
Dissolution of Marriage Act. The court may enforce any order
20
for support issued under paragraph (12) of subsection (b) of
21
Section 112A-14 of this Code in the manner provided for under
22
Parts V and VII of the Illinois Marriage and Dissolution of
23
Marriage Act.
24

(d) Actual knowledge. A protective order may be enforced
25
pursuant to this Section if the respondent violates the order
26
after the respondent has actual knowledge of its contents as

HB4836
- 35 -
LRB104 17416 RLC 30841 b
1
shown through one of the following means:
2

(1) (Blank).
3

(2) (Blank).
4

(3) By service of a protective order under subsection
5

(f) of Section 112A-17.5 or Section 112A-22 of this Code.
6

(4) By other means demonstrating actual knowledge of
7

the contents of the order.
8

(e) The enforcement of a protective order in civil or
9
criminal court shall not be affected by either of the
10
following:
11

(1) The existence of a separate, correlative order
12

entered under Section 112A-15 of this Code.
13

(2) Any finding or order entered in a conjoined
14

criminal proceeding.
15

(e-5) If a civil no contact order entered under subsection
16
(6) of Section 112A-20 of the Code of Criminal Procedure of
17
1963 conflicts with an order issued pursuant to the Juvenile
18
Court Act of 1987 or the Illinois Marriage and Dissolution of
19
Marriage Act, the conflicting order issued under subsection
20
(6) of Section 112A-20 of the Code of Criminal Procedure of
21
1963 shall be void.
22

(f) Circumstances. The court, when determining whether or
23
not a violation of a protective order has occurred, shall not
24
require physical manifestations of abuse on the person of the
25
victim.
26

(g) Penalties.

HB4836
- 36 -
LRB104 17416 RLC 30841 b
1

(1) Except as provided in paragraph (3) of this
2

subsection (g), where the court finds the commission of a
3

crime or contempt of court under subsection (a) or (b) of
4

this Section, the penalty shall be the penalty that
5

generally applies in such criminal or contempt
6

proceedings, and may include one or more of the following:
7

incarceration, payment of restitution, a fine, payment of
8

attorneys' fees and costs, or community service.
9

(2) The court shall hear and take into account
10

evidence of any factors in aggravation or mitigation
11

before deciding an appropriate penalty under paragraph (1)
12

of this subsection (g).
13

(3) To the extent permitted by law, the court is
14

encouraged to:
15

(i) increase the penalty for the knowing violation
16

of any protective order over any penalty previously
17

imposed by any court for respondent's violation of any
18

protective order or penal statute involving petitioner
19

as victim and respondent as defendant;
20

(ii) impose a minimum penalty of 24 hours
21

imprisonment for respondent's first violation of any
22

protective order; and
23

(iii) impose a minimum penalty of 48 hours
24

imprisonment for respondent's second or subsequent
25

violation of a protective order
26

unless the court explicitly finds that an increased

HB4836
- 37 -
LRB104 17416 RLC 30841 b
1

penalty or that period of imprisonment would be manifestly
2

unjust.
3

(4) In addition to any other penalties imposed for a
4

violation of a protective order, a criminal court may
5

consider evidence of any violations of a protective order:
6

(i) to modify the conditions of pretrial release
7

on an underlying criminal charge pursuant to Section
8

110-6 of this Code;
9

(ii) to revoke or modify an order of probation,
10

conditional discharge, or supervision, pursuant to
11

Section 5-6-4 of the Unified Code of Corrections;
12

(iii) to revoke or modify a sentence of periodic
13

imprisonment, pursuant to Section 5-7-2 of the Unified
14

Code of Corrections.
15
(Source: P.A. 102-184, eff. 1-1-22; 102-558, eff. 8-20-21;
16
102-813, eff. 5-13-22; 102-890, eff. 5-19-22; 103-407, eff.
17
7-28-23.)

18

Section 10.
The Illinois Domestic Violence Act of 1986 is
19
amended by changing Sections 214 and 223 as follows:

20

(750 ILCS 60/214)

(from Ch. 40, par. 2312-14)
21

Sec. 214.
Order of protection; remedies.
22

(a) Issuance of order. If the court finds that petitioner
23
has been abused by a family or household member or that
24
petitioner is a high-risk adult who has been abused,

HB4836
- 38 -
LRB104 17416 RLC 30841 b
1
neglected, or exploited, as defined in this Act, an order of
2
protection prohibiting the abuse, neglect, or exploitation
3
shall issue; provided that petitioner must also satisfy the
4
requirements of one of the following Sections, as appropriate:
5
Section 217 on emergency orders, Section 218 on interim
6
orders, or Section 219 on plenary orders. Petitioner shall not
7
be denied an order of protection because petitioner or
8
respondent is a minor. The court, when determining whether or
9
not to issue an order of protection, shall not require
10
physical manifestations of abuse on the person of the victim.
11
Modification and extension of prior orders of protection shall
12
be in accordance with this Act.
13

(b) Remedies and standards. The remedies to be included in
14
an order of protection shall be determined in accordance with
15
this Section and one of the following Sections, as
16
appropriate: Section 217 on emergency orders, Section 218 on
17
interim orders, and Section 219 on plenary orders. The
18
remedies listed in this subsection shall be in addition to
19
other civil or criminal remedies available to petitioner.
20

(1) Prohibition of abuse, neglect, or exploitation.
21

Prohibit respondent's harassment, interference with
22

personal liberty, intimidation of a dependent, physical
23

abuse, or willful deprivation, neglect or exploitation, as
24

defined in this Act, or stalking of the petitioner, as
25

defined in Section 12-7.3 of the Criminal Code of 2012, if
26

such abuse, neglect, exploitation, or stalking has

HB4836
- 39 -
LRB104 17416 RLC 30841 b
1

occurred or otherwise appears likely to occur if not
2

prohibited.
3

(2) Grant of exclusive possession of residence.
4

Prohibit respondent from entering or remaining in any
5

residence, household, or premises of the petitioner,
6

including one owned or leased by respondent, if petitioner
7

has a right to occupancy thereof. The grant of exclusive
8

possession of the residence, household, or premises shall
9

not affect title to real property, nor shall the court be
10

limited by the standard set forth in subsection (c-2) of
11

Section 501 of the Illinois Marriage and Dissolution of
12

Marriage Act.
13

(A) Right to occupancy. A party has a right to
14

occupancy of a residence or household if it is solely
15

or jointly owned or leased by that party, that party's
16

spouse, a person with a legal duty to support that
17

party or a minor child in that party's care, or by any
18

person or entity other than the opposing party that
19

authorizes that party's occupancy (e.g., a domestic
20

violence shelter). Standards set forth in subparagraph
21

(B) shall not preclude equitable relief.
22

(B) Presumption of hardships. If petitioner and
23

respondent each has the right to occupancy of a
24

residence or household, the court shall balance (i)
25

the hardships to respondent and any minor child or
26

dependent adult in respondent's care resulting from

HB4836
- 40 -
LRB104 17416 RLC 30841 b
1

entry of this remedy with (ii) the hardships to
2

petitioner and any minor child or dependent adult in
3

petitioner's care resulting from continued exposure to
4

the risk of abuse (should petitioner remain at the
5

residence or household) or from loss of possession of
6

the residence or household (should petitioner leave to
7

avoid the risk of abuse). When determining the balance
8

of hardships, the court shall also take into account
9

the accessibility of the residence or household.
10

Hardships need not be balanced if respondent does not
11

have a right to occupancy.
12

The balance of hardships is presumed to favor
13

possession by petitioner unless the presumption is
14

rebutted by a preponderance of the evidence, showing
15

that the hardships to respondent substantially
16

outweigh the hardships to petitioner and any minor
17

child or dependent adult in petitioner's care. The
18

court, on the request of petitioner or on its own
19

motion, may order respondent to provide suitable,
20

accessible, alternate housing for petitioner instead
21

of excluding respondent from a mutual residence or
22

household.
23

(3) Stay away order and additional prohibitions. Order
24

respondent to stay away from petitioner or any other
25

person protected by the order of protection, or prohibit
26

respondent from entering or remaining present at

HB4836
- 41 -
LRB104 17416 RLC 30841 b
1

petitioner's school, place of employment, or other
2

specified places at times when petitioner is present, or
3

both, if reasonable, given the balance of hardships.
4

Hardships need not be balanced for the court to enter a
5

stay away order or prohibit entry if respondent has no
6

right to enter the premises.
7

(A) If an order of protection grants petitioner
8

exclusive possession of the residence, or prohibits
9

respondent from entering the residence, or orders
10

respondent to stay away from petitioner or other
11

protected persons, then the court may allow respondent
12

access to the residence to remove items of clothing
13

and personal adornment used exclusively by respondent,
14

medications, and other items as the court directs. The
15

right to access shall be exercised on only one
16

occasion as the court directs and in the presence of an
17

agreed-upon adult third party or law enforcement
18

officer.
19

(B) When the petitioner and the respondent attend
20

the same public, private, or non-public elementary,
21

middle, or high school, the court when issuing an
22

order of protection and providing relief shall
23

consider the severity of the act, any continuing
24

physical danger or emotional distress to the
25

petitioner, the educational rights guaranteed to the
26

petitioner and respondent under federal and State law,

HB4836
- 42 -
LRB104 17416 RLC 30841 b
1

the availability of a transfer of the respondent to
2

another school, a change of placement or a change of
3

program of the respondent, the expense, difficulty,
4

and educational disruption that would be caused by a
5

transfer of the respondent to another school, and any
6

other relevant facts of the case. The court may order
7

that the respondent not attend the public, private, or
8

non-public elementary, middle, or high school attended
9

by the petitioner, order that the respondent accept a
10

change of placement or change of program, as
11

determined by the school district or private or
12

non-public school, or place restrictions on the
13

respondent's movements within the school attended by
14

the petitioner. The respondent bears the burden of
15

proving by a preponderance of the evidence that a
16

transfer, change of placement, or change of program of
17

the respondent is not available. The respondent also
18

bears the burden of production with respect to the
19

expense, difficulty, and educational disruption that
20

would be caused by a transfer of the respondent to
21

another school. A transfer, change of placement, or
22

change of program is not unavailable to the respondent
23

solely on the ground that the respondent does not
24

agree with the school district's or private or
25

non-public school's transfer, change of placement, or
26

change of program or solely on the ground that the

HB4836
- 43 -
LRB104 17416 RLC 30841 b
1

respondent fails or refuses to consent or otherwise
2

does not take an action required to effectuate a
3

transfer, change of placement, or change of program.
4

When a court orders a respondent to stay away from the
5

public, private, or non-public school attended by the
6

petitioner and the respondent requests a transfer to
7

another attendance center within the respondent's
8

school district or private or non-public school, the
9

school district or private or non-public school shall
10

have sole discretion to determine the attendance
11

center to which the respondent is transferred. In the
12

event the court order results in a transfer of the
13

minor respondent to another attendance center, a
14

change in the respondent's placement, or a change of
15

the respondent's program, the parents, guardian, or
16

legal custodian of the respondent is responsible for
17

transportation and other costs associated with the
18

transfer or change.
19

(C) The court may order the parents, guardian, or
20

legal custodian of a minor respondent to take certain
21

actions or to refrain from taking certain actions to
22

ensure that the respondent complies with the order. In
23

the event the court orders a transfer of the
24

respondent to another school, the parents, guardian,
25

or legal custodian of the respondent is responsible
26

for transportation and other costs associated with the

HB4836
- 44 -
LRB104 17416 RLC 30841 b
1

change of school by the respondent.
2

(4) Counseling. Require or recommend the respondent to
3

undergo counseling for a specified duration with a social
4

worker, psychologist, clinical psychologist,
5

psychiatrist, family service agency, alcohol or substance
6

abuse program, mental health center guidance counselor,
7

agency providing services to elders, program designed for
8

domestic violence abusers or any other guidance service
9

the court deems appropriate. The Court may order the
10

respondent in any intimate partner relationship to report
11

to an Illinois Department of Human Services protocol
12

approved partner abuse intervention program for an
13

assessment and to follow all recommended treatment.
14

(5) Physical care and possession of the minor child.
15

In order to protect the minor child from abuse, neglect,
16

or unwarranted separation from the person who has been the
17

minor child's primary caretaker, or to otherwise protect
18

the well-being of the minor child, the court may do either
19

or both of the following: (i) grant petitioner physical
20

care or possession of the minor child, or both, or (ii)
21

order respondent to return a minor child to, or not remove
22

a minor child from, the physical care of a parent or person
23

in loco parentis.
24

If a court finds, after a hearing, that respondent has
25

committed abuse (as defined in Section 103) of a minor
26

child, there shall be a rebuttable presumption that

HB4836
- 45 -
LRB104 17416 RLC 30841 b
1

awarding physical care to respondent would not be in the
2

minor child's best interest.
3

(6) Temporary allocation of parental responsibilities:
4

significant decision-making. Award temporary
5

decision-making responsibility to petitioner in accordance
6

with this Section, the Illinois Marriage and Dissolution
7

of Marriage Act, the Illinois Parentage Act of 2015, and
8

this State's Uniform Child-Custody Jurisdiction and
9

Enforcement Act.
10

If a court finds, after a hearing, that respondent has
11

committed abuse (as defined in Section 103) of a minor
12

child, there shall be a rebuttable presumption that
13

awarding temporary significant decision-making
14

responsibility to respondent would not be in the child's
15

best interest.
16

(7) Parenting time. Determine the parenting time, if
17

any, of respondent in any case in which the court awards
18

physical care or allocates temporary significant
19

decision-making responsibility of a minor child to
20

petitioner. The court shall restrict or deny respondent's
21

parenting time with a minor child if the court finds that
22

respondent has done or is likely to do any of the
23

following: (i) abuse or endanger the minor child during
24

parenting time; (ii) use the parenting time as an
25

opportunity to abuse or harass petitioner or petitioner's
26

family or household members; (iii) improperly conceal or

HB4836
- 46 -
LRB104 17416 RLC 30841 b
1

detain the minor child; or (iv) otherwise act in a manner
2

that is not in the best interests of the minor child. The
3

court shall not be limited by the standards set forth in
4

Section 603.10 of the Illinois Marriage and Dissolution of
5

Marriage Act. If the court grants parenting time, the
6

order shall specify dates and times for the parenting time
7

to take place or other specific parameters or conditions
8

that are appropriate. No order for parenting time shall
9

refer merely to the term "reasonable parenting time".
10

Petitioner may deny respondent access to the minor
11

child if, when respondent arrives for parenting time,
12

respondent is under the influence of drugs or alcohol and
13

constitutes a threat to the safety and well-being of
14

petitioner or petitioner's minor children or is behaving
15

in a violent or abusive manner.
16

If necessary to protect any member of petitioner's
17

family or household from future abuse, respondent shall be
18

prohibited from coming to petitioner's residence to meet
19

the minor child for parenting time, and the parties shall
20

submit to the court their recommendations for reasonable
21

alternative arrangements for parenting time. A person may
22

be approved to supervise parenting time only after filing
23

an affidavit accepting that responsibility and
24

acknowledging accountability to the court.
25

(8) Removal or concealment of minor child. Prohibit
26

respondent from removing a minor child from the State or

HB4836
- 47 -
LRB104 17416 RLC 30841 b
1

concealing the child within the State.
2

(9) Order to appear. Order the respondent to appear in
3

court, alone or with a minor child, to prevent abuse,
4

neglect, removal or concealment of the child, to return
5

the child to the custody or care of the petitioner or to
6

permit any court-ordered interview or examination of the
7

child or the respondent.
8

(10) Possession of personal property. Grant petitioner
9

exclusive possession of personal property and, if
10

respondent has possession or control, direct respondent to
11

promptly make it available to petitioner, if:
12

(i) petitioner, but not respondent, owns the
13

property; or
14

(ii) the parties own the property jointly; sharing
15

it would risk abuse of petitioner by respondent or is
16

impracticable; and the balance of hardships favors
17

temporary possession by petitioner.
18

If petitioner's sole claim to ownership of the
19

property is that it is marital property, the court may
20

award petitioner temporary possession thereof under the
21

standards of subparagraph (ii) of this paragraph only if a
22

proper proceeding has been filed under the Illinois
23

Marriage and Dissolution of Marriage Act, as now or
24

hereafter amended.
25

No order under this provision shall affect title to
26

property.

HB4836
- 48 -
LRB104 17416 RLC 30841 b
1

(11) Protection of property. Forbid the respondent
2

from taking, transferring, encumbering, concealing,
3

damaging or otherwise disposing of any real or personal
4

property, except as explicitly authorized by the court,
5

if:
6

(i) petitioner, but not respondent, owns the
7

property; or
8

(ii) the parties own the property jointly, and the
9

balance of hardships favors 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,

HB4836
- 49 -
LRB104 17416 RLC 30841 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 the petitioner's
18

significant decision-making authority, unless otherwise
19

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, neglect, or exploitation. Such losses shall
23

include, but not be limited to, medical expenses, lost
24

earnings or other support, repair or replacement of
25

property damaged or taken, reasonable attorney's fees,
26

court costs and moving or other travel expenses, including

HB4836
- 50 -
LRB104 17416 RLC 30841 b
1

additional reasonable expenses for temporary shelter and
2

restaurant meals.
3

(i) Losses affecting family needs. If a party is
4

entitled to seek maintenance, child support or
5

property distribution from the other party under the
6

Illinois Marriage and Dissolution of Marriage Act, as
7

now or hereafter amended, the court may order
8

respondent to reimburse petitioner's actual losses, to
9

the extent that such reimbursement would be
10

"appropriate temporary relief", as authorized by
11

subsection (a)(3) of Section 501 of that Act.
12

(ii) Recovery of expenses. In the case of an
13

improper concealment or removal of a minor child, the
14

court may order respondent to pay the reasonable
15

expenses incurred or to be incurred in the search for
16

and recovery of the minor child, including but not
17

limited to legal fees, court costs, private
18

investigator fees, and travel costs.
19

(14) Prohibition of entry. Prohibit the respondent
20

from entering or remaining in the residence or household
21

while the respondent is under the influence of alcohol or
22

drugs and constitutes a threat to the safety and
23

well-being of the petitioner or the petitioner's children.
24

(14.5) Prohibition of possession of firearms and
25

firearm parts; search and seizure of firearms and firearms
26

parts.

HB4836
- 51 -
LRB104 17416 RLC 30841 b
1

(A)(i) Prohibit a respondent against whom an
2

emergency, interim, or plenary order of protection was
3

issued from possessing, during the duration of the
4

order, any firearms or firearm parts that could be
5

assembled into an operable firearm if a search warrant
6

is issued under (A-1) or the order:
7

(aa) was issued after a hearing of which such
8

person received actual notice, and at which such
9

person had an opportunity to participate, or the
10

petitioner has satisfied the requirements of
11

Section 217;
12

(bb) restrains such person from using physical
13

force; harassing, stalking, or threatening
an
14

intimate partner of such person or child of such
15

intimate partner or person
; or engaging in other
16

conduct that would place
a petitioner

an intimate
17

partner
in reasonable fear of bodily injury
to the
18

partner or child
; and
19

(cc) includes a finding that such person
20

represents a credible threat to the physical
21

safety of
a petitioner

such intimate partner or
22

child
.
23

(ii) The court shall order any respondent
24

prohibited from possessing firearms under item (i) of
25

subparagraph (A) to surrender any firearms or firearm
26

parts that could be assembled to make an operable

HB4836
- 52 -
LRB104 17416 RLC 30841 b
1

firearm. Any firearms or firearm parts on the
2

respondent's person or at the place of service shall
3

be surrendered to the serving officers at the time of
4

service of the order of protection, and any other
5

firearms or firearm parts shall be surrendered to
6

local law enforcement within 24 hours of service of
7

the order of protection. Any Firearm Owner's
8

Identification Card or Concealed Carry License in the
9

possession of the respondent, except as provided in
10

subparagraph (B), shall also be ordered by the court
11

to be turned over to the officer serving the order of
12

protection at the time of service or, if not on the
13

respondent's person or at the location where the
14

respondent is served at the time of service, to local
15

law enforcement within 24 hours of service of the
16

order of protection. The law enforcement agency shall
17

immediately mail the card, as well as any license, to
18

the Illinois State Police Firearm Owner's
19

Identification Card Office for safekeeping.
20

(A-1)(i) Upon issuance of an emergency, interim,
21

or plenary order of protection and subject to the
22

provisions of item (ii) of this subparagraph (A-1),
23

the court shall issue a search warrant for the seizure
24

of any firearms or firearm parts that could be
25

assembled to make an operable firearm belonging to the
26

respondent if the court, based upon sworn testimony,

HB4836
- 53 -
LRB104 17416 RLC 30841 b
1

finds that:
2

(aa) the respondent poses a credible threat to
3

the physical safety of the petitioner protected by
4

the order of protection; and
5

(bb) probable cause exists to believe that:
6

(I) the respondent possesses firearms or
7

firearm parts that could be assembled to make
8

an operable firearm;
9

(II) the firearms or firearm parts that
10

could be assembled to make an operable firearm
11

are located at the residence, vehicle, or
12

other property of the respondent to be
13

searched; and
14

(III) the credible threat to the physical
15

safety of the petitioner protected by the
16

order of protection is immediate and present.
17

The record shall reflect the court's findings in
18

determining whether the search warrant shall be
19

issued.
20

(ii) If the petitioner does not seek a warrant
21

under this subparagraph (A-1) or the court determines
22

that the requirements of this subparagraph (A-1) have
23

not been met, relief under subparagraph (A) alone may
24

be granted.
25

(iii) An ex parte search warrant shall be granted
26

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

HB4836
- 54 -
LRB104 17416 RLC 30841 b
1

that:
2

(aa) the elements of item (i) of subparagraph
3

(A-1) have been met;
4

(bb) personal injury to the petitioner is
5

likely to occur if the respondent received prior
6

notice; and
7

(cc) the petitioner has otherwise satisfied
8

the requirements of Section 217 of this Act.
9

(iv) Oral testimony is sufficient in lieu of an
10

affidavit to support a finding of probable cause.
11

(v) A search warrant issued under this
12

subparagraph (A-1) shall be directed by the court for
13

enforcement to the law enforcement agency with primary
14

responsibility for responding to calls for service at
15

the location to be searched or to another appropriate
16

law enforcement agency if justified by the
17

circumstances. The search warrant shall specify with
18

particularity the scope of the search, including the
19

property to be searched, and shall direct the law
20

enforcement agency to seize the respondent's firearms
21

and firearm parts that could be assembled to make an
22

operable firearm. Law enforcement shall also be
23

directed to seize any Firearm Owner's Identification
24

Card and any Concealed Carry License belonging to the
25

respondent.
26

(vi) The petitioner shall prepare an information

HB4836
- 55 -
LRB104 17416 RLC 30841 b
1

sheet, reviewed by the court, for law enforcement at
2

the time the warrant is granted. The information sheet
3

shall include:
4

(aa) contact information for the petitioner,
5

the petitioner's attorney, or both, including a
6

telephone number and email, if available;
7

(bb) a physical description of the respondent,
8

including the respondent's date of birth, if
9

known, or approximate age, height, weight, race,
10

and hair color;
11

(cc) days and times that the respondent is
12

likely to be at the property to be searched, if
13

known; and
14

(dd) whether people other than the respondent
15

are likely to be present at the property to be
16

searched and when, if known.
17

(vii) The information sheet shall be transmitted
18

to the law enforcement agency to which the search
19

warrant is directed in the same manner as the warrant
20

is transmitted under Section 222 of this Act.
21

(viii) If the court, after determining a search
22

warrant should issue, finds that the petitioner has
23

made a credible report of domestic violence to the
24

local law enforcement agency within the previous 90
25

days, law enforcement shall execute the warrant no
26

later than 96 hours after receipt of the warrant. If

HB4836
- 56 -
LRB104 17416 RLC 30841 b
1

the court finds that petitioner has not made such a
2

report, the law enforcement agency to which the court
3

has directed the warrant shall, within 48 hours of
4

receipt, evaluate the warrant and seek any corrections
5

to the warrant, and, if applicable, add to or negate
6

the warrant.
If the law enforcement agency seeks to
7

correct or negate the warrant, it shall take
8

reasonable steps to notify the petitioner before
9

appearing before the court.
The record shall reflect
10

the court's findings in determining whether to
11

correct, add, or negate the warrant. If a change is
12

made regarding the search warrant, law enforcement
13

shall execute the warrant no later than 96 hours after
14

the correction is issued. The law enforcement agency
15

shall notify the petitioner of any changes to the
16

warrant or if the warrant has been negated. The law
17

enforcement agency to which the court has directed the
18

warrant may coordinate with other law enforcement
19

agencies to execute the warrant. A return of the
20

warrant shall be filed by the law enforcement agency
21

within 24 hours of execution, setting forth the time,
22

date, and location where the warrant was executed and
23

what items, if any, were seized. If the court is not in
24

session, the return information shall be returned on
25

the next date the court is in session. Subject to the
26

provisions of this Section, peace officers shall have

HB4836
- 57 -
LRB104 17416 RLC 30841 b
1

the same authority to execute a warrant issued
2

pursuant to this subsection as a warrant issued under
3

Article 108 of the Code of Criminal Procedure of 1963.
4

(ix) Upon discovering a defect in the search
5

warrant, the appropriate law enforcement agency may
6

petition the court to correct the warrant. The law
7

enforcement agency
shall take reasonable steps to
8

notify the petitioner before appearing before the
9

court and
shall notify the petitioner of any such
10

correction.
11

(x) Upon petition by the appropriate law
12

enforcement agency, the court may modify the search
13

warrant or extend the time to execute the search
14

warrant for a period of no more than 96 hours. In
15

determining whether to modify or extend the warrant,
16

the court shall consider:
17

(aa) any increased risk to the petitioner's
18

safety that may result from a modification or
19

extension of the warrant;
20

(bb) any unnecessary risk to law enforcement
21

that would be mitigated by a modification or
22

extension of the warrant;
23

(cc) any risks to third parties at the
24

location to be searched that would be mitigated by
25

a modification or extension of the warrant; and
26

(dd) the likelihood of successful execution of

HB4836
- 58 -
LRB104 17416 RLC 30841 b
1

warrant.
2

The record shall reflect the court's findings in
3

determining whether to extend or modify the warrant.
4

The law enforcement agency
shall take reasonable steps
5

to notify the petitioner before appearing before the
6

court and
shall notify the petitioner of any
7

modification or extension of the warrant.
8

(xi) Service of any order of protection shall, to
9

the extent possible, be concurrent with the execution
10

of any search warrant under this paragraph.
11

(B) If the respondent is a peace officer as
12

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

the court shall order that any firearms used by the
14

respondent in the performance of his or her duties as a
15

peace officer be surrendered to the chief law
16

enforcement executive of the agency in which the
17

respondent is employed, who shall retain the firearms
18

for safekeeping for the duration of the order of
19

protection.
20

(C)(i) Any firearms or firearm parts that could be
21

assembled to make an operable firearm shall be kept by
22

the law enforcement agency that took possession of the
23

items for safekeeping, except as provided in
24

subparagraph (B). The period of safekeeping shall be
25

for the duration of the order of protection. Except as
26

provided in subparagraph (E), the respondent is

HB4836
- 59 -
LRB104 17416 RLC 30841 b
1

prohibited from transferring firearms or firearm parts
2

to another individual in lieu of surrender to law
3

enforcement. The law enforcement agency shall provide
4

an itemized statement of receipt to the respondent and
5

the court describing any seized or surrendered
6

firearms or firearm parts and informing the respondent
7

that the respondent may seek the return of the
8

respondent's items at the end of the order of
9

protection. The law enforcement agency may enter
10

arrangements, as needed, with federally licensed
11

firearm dealers or other law enforcement agencies for
12

the storage of any firearms seized or surrendered
13

under this subsection.
14

(ii) It is the respondent's responsibility to
15

request the return or reinstatement of any Firearm
16

Owner's Identification Card or Concealed Carry License
17

and notify the Illinois State Police Firearm Owner's
18

Identification Card Office at the end of the Order of
19

Protection.
20

(iii) At the end of the order of protection, a
21

respondent may request the return of any seized or
22

surrendered firearms or firearm parts that could be
23

assembled to make an operable firearm. Such firearms
24

or firearm parts shall be returned within 14 days of
25

the request to the respondent, if the respondent is
26

lawfully eligible to possess firearms, or to a

HB4836
- 60 -
LRB104 17416 RLC 30841 b
1

designated third party who is lawfully eligible to
2

possess firearms. If the firearms or firearm parts
3

cannot be returned to respondent because (1) the
4

respondent has not requested the return or transfer of
5

the firearms or firearm parts as set forth in this
6

subparagraph, and (2) the respondent cannot be located
7

or fails to respond to more than 3 requests to retrieve
8

the firearms or firearm parts the court may, or is not
9

lawfully eligible to possess a firearm, upon petition
10

from the appropriate law enforcement agency and notice
11

to the respondent at the respondent's last known
12

address, order the law enforcement agency to destroy
13

the firearms or firearm parts; use the firearms or
14

firearm parts for training purposes or for any other
15

application as deemed appropriate by the law
16

enforcement agency; or turn over the firearm or
17

firearm parts to a third party who is lawfully
18

eligible to possess firearms, and who does not reside
19

with respondent.
20

(D)(i) If a person other than the respondent
21

claims title to any firearms and firearm parts that
22

could be assembled to make an operable firearm seized
23

or surrendered under this subsection, the person may
24

petition the court to have the firearm and firearm
25

parts that could be assembled to make an operable
26

firearm returned to him or her with proper notice to

HB4836
- 61 -
LRB104 17416 RLC 30841 b
1

the petitioner and respondent. If, at a hearing on the
2

petition, the court determines the person to be the
3

lawful owner of the firearm and firearm parts that
4

could be assembled to make an operable firearm, the
5

firearm and firearm parts that could be assembled to
6

make an operable firearm shall be returned to the
7

person, provided that:
8

(aa) the firearm and firearm parts that could
9

be assembled to make an operable firearm are
10

removed from the respondent's custody, control, or
11

possession and the lawful owner agrees to store
12

the firearm and firearm parts that could be
13

assembled to make an operable firearm in a manner
14

such that the respondent does not have access to
15

or control of the firearm and firearm parts that
16

could be assembled to make an operable firearm;
17

and
18

(bb) the firearm and firearm parts that could
19

be assembled to make an operable firearm are not
20

otherwise unlawfully possessed by the owner.
21

(ii) The person petitioning for the return of his
22

or her firearm and firearm parts that could be
23

assembled to make an operable firearm must swear or
24

affirm by affidavit that he or she:
25

(aa) is the lawful owner of the firearm and
26

firearm parts that could be assembled to make an

HB4836
- 62 -
LRB104 17416 RLC 30841 b
1

operable firearm;
2

(bb) shall not transfer the firearm and
3

firearm parts that could be assembled to make an
4

operable firearm to the respondent; and
5

(cc) will store the firearm and firearm parts
6

that could be assembled to make an operable
7

firearm in a manner that the respondent does not
8

have access to or control of the firearm and
9

firearm parts that could be assembled to make an
10

operable firearm.
11

(E)(i) The respondent may file a motion to
12

transfer, at the next scheduled hearing, any seized or
13

surrendered firearms or firearm parts to a third
14

party. Notice of the motion shall be provided to the
15

petitioner and the third party must appear at the
16

hearing.
17

(ii) The court may order transfer of the seized or
18

surrendered firearm or firearm parts only if:
19

(aa) the third party transferee affirms by
20

affidavit
and
to the open court that:
21

(I) the third party transferee does not
22

reside with the respondent;
23

(II) the respondent does not have access
24

to the location in which the third party
25

transferee intends to keep the firearms or
26

firearm parts;

HB4836
- 63 -
LRB104 17416 RLC 30841 b
1

(III) the third party transferee will not
2

transfer the firearm or firearm parts to the
3

respondent or anyone who resides with the
4

respondent;
5

(IV) the third party transferee will
6

maintain control and possession of the firearm
7

or firearm parts until otherwise ordered by
8

the court; and
9

(V) the third party transferee will be
10

subject to criminal penalties for transferring
11

the firearms or firearm parts to the
12

respondent; and
13

(bb) the court finds that:
14

(I) the
third party

respondent
holds a
15

valid Firearm Owner's Identification; and
16

(II) the transfer of firearms or firearm
17

parts to the third party transferee does not
18

place the petitioner or any other protected
19

parties at any additional threat or risk of
20

harm.
21

(15) Prohibition of access to records. If an order of
22

protection prohibits respondent from having contact with
23

the minor child, or if petitioner's address is omitted
24

under subsection (b) of Section 203, or if necessary to
25

prevent abuse or wrongful removal or concealment of a
26

minor child, the order shall deny respondent access to,

HB4836
- 64 -
LRB104 17416 RLC 30841 b
1

and prohibit respondent from inspecting, obtaining, or
2

attempting to inspect or obtain, school or any other
3

records of the minor child who is in the care of
4

petitioner.
5

(16) Order for payment of shelter services. Order
6

respondent to reimburse a shelter providing temporary
7

housing and counseling services to the petitioner for the
8

cost of the services, as certified by the shelter and
9

deemed reasonable by the court.
10

(17) Order for injunctive relief. Enter injunctive
11

relief necessary or appropriate to prevent further abuse
12

of a family or household member or further abuse, neglect,
13

or exploitation of a high-risk adult with disabilities or
14

to effectuate one of the granted remedies, if supported by
15

the balance of hardships. If the harm to be prevented by
16

the injunction is abuse or any other harm that one of the
17

remedies listed in paragraphs (1) through (16) of this
18

subsection is designed to prevent, no further evidence is
19

necessary that the harm is an irreparable injury.
20

(18) Telephone services.
21

(A) Unless a condition described in subparagraph
22

(B) of this paragraph exists, the court may, upon
23

request by the petitioner, order a wireless telephone
24

service provider to transfer to the petitioner the
25

right to continue to use a telephone number or numbers
26

indicated by the petitioner and the financial

HB4836
- 65 -
LRB104 17416 RLC 30841 b
1

responsibility associated with the number or numbers,
2

as set forth in subparagraph (C) of this paragraph.
3

For purposes of this paragraph (18), the term
4

"wireless telephone service provider" means a provider
5

of commercial mobile service as defined in 47 U.S.C.
6

332. The petitioner may request the transfer of each
7

telephone number that the petitioner, or a minor child
8

in his or her custody, uses. The clerk of the court
9

shall serve the order on the wireless telephone
10

service provider's agent for service of process
11

provided to the Illinois Commerce Commission. The
12

order shall contain all of the following:
13

(i) The name and billing telephone number of
14

the account holder including the name of the
15

wireless telephone service provider that serves
16

the account.
17

(ii) Each telephone number that will be
18

transferred.
19

(iii) A statement that the provider transfers
20

to the petitioner all financial responsibility for
21

and right to the use of any telephone number
22

transferred under this paragraph.
23

(B) A wireless telephone service provider shall
24

terminate the respondent's use of, and shall transfer
25

to the petitioner use of, the telephone number or
26

numbers indicated in subparagraph (A) of this

HB4836
- 66 -
LRB104 17416 RLC 30841 b
1

paragraph unless it notifies the petitioner, within 72
2

hours after it receives the order, that one of the
3

following applies:
4

(i) The account holder named in the order has
5

terminated the account.
6

(ii) A difference in network technology would
7

prevent or impair the functionality of a device on
8

a network if the transfer occurs.
9

(iii) The transfer would cause a geographic or
10

other limitation on network or service provision
11

to the petitioner.
12

(iv) Another technological or operational
13

issue would prevent or impair the use of the
14

telephone number if the transfer occurs.
15

(C) The petitioner assumes all financial
16

responsibility for and right to the use of any
17

telephone number transferred under this paragraph. In
18

this paragraph, "financial responsibility" includes
19

monthly service costs and costs associated with any
20

mobile device associated with the number.
21

(D) A wireless telephone service provider may
22

apply to the petitioner its routine and customary
23

requirements for establishing an account or
24

transferring a number, including requiring the
25

petitioner to provide proof of identification,
26

financial information, and customer preferences.

HB4836
- 67 -
LRB104 17416 RLC 30841 b
1

(E) Except for willful or wanton misconduct, a
2

wireless telephone service provider is immune from
3

civil liability for its actions taken in compliance
4

with a court order issued under this paragraph.
5

(F) All wireless service providers that provide
6

services to residential customers shall provide to the
7

Illinois Commerce Commission the name and address of
8

an agent for service of orders entered under this
9

paragraph (18). Any change in status of the registered
10

agent must be reported to the Illinois Commerce
11

Commission within 30 days of such change.
12

(G) The Illinois Commerce Commission shall
13

maintain the list of registered agents for service for
14

each wireless telephone service provider on the
15

Commission's website. The Commission may consult with
16

wireless telephone service providers and the Circuit
17

Court Clerks on the manner in which this information
18

is provided and displayed.
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

HB4836
- 68 -
LRB104 17416 RLC 30841 b
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

HB4836
- 69 -
LRB104 17416 RLC 30841 b
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

HB4836
- 70 -
LRB104 17416 RLC 30841 b
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

HB4836
- 71 -
LRB104 17416 RLC 30841 b
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

HB4836
- 72 -
LRB104 17416 RLC 30841 b
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 60/223)

(from Ch. 40, par. 2312-23)
7

Sec. 223.
Enforcement of orders of protection.
8

(a) When violation is crime. A violation of any order of
9
protection, whether issued in a civil or criminal proceeding
10
or by a military judge, shall be enforced by a criminal court
11
when:
12

(1) The respondent commits the crime of violation of
13

an order of protection pursuant to Section 12-3.4 or 12-30
14

of the Criminal Code of 1961 or the Criminal Code of 2012,
15

by having knowingly violated:
16

(i) remedies described in paragraphs (1), (2),
17

(3), (14), or (14.5) of subsection (b) of Section 214
18

of this Act; or
19

(ii) a remedy, which is substantially similar to
20

the remedies authorized under paragraphs (1), (2),
21

(3), (14), and (14.5) of subsection (b) of Section 214
22

of this Act, in a valid order of protection which is
23

authorized under the laws of another state, tribe, or
24

United States territory; or
25

(iii) any other remedy when the act constitutes a

HB4836
- 73 -
LRB104 17416 RLC 30841 b
1

crime against the protected parties as defined by the
2

Criminal Code of 1961 or the Criminal Code of 2012.
3

Prosecution for a violation of an order of protection
4

shall not bar concurrent prosecution for any other crime,
5

including any crime that may have been committed at the
6

time of the violation of the order of protection; or
7

(1.5) A person commits the crime of violation of an
8

order of protection under Section 12-3.4 or 12-30 of the
9

Criminal Code of 1961 or the Criminal Code of 2012 if the
10

person, in violation of an order under subparagraph (D) or
11

(E) of paragraph (14.5) of subsection (b) of Section 214
12

of this Act, knowingly transfers a firearm or firearm
13

parts to the respondent or otherwise allows the respondent
14

access to a firearm or firearm parts.

15

(2) The respondent commits the crime of child
16

abduction pursuant to Section 10-5 of the Criminal Code of
17

1961 or the Criminal Code of 2012, by having knowingly
18

violated:
19

(i) remedies described in paragraphs (5), (6) or
20

(8) of subsection (b) of Section 214 of this Act; or
21

(ii) a remedy, which is substantially similar to
22

the remedies authorized under paragraphs (5), (6), or
23

(8) of subsection (b) of Section 214 of this Act, in a
24

valid order of protection which is authorized under
25

the laws of another state, tribe, or United States
26

territory.

HB4836
- 74 -
LRB104 17416 RLC 30841 b
1

(b) When violation is contempt of court. A violation of
2
any valid Illinois order of protection, whether issued in a
3
civil or criminal proceeding or by a military judge, may be
4
enforced through civil or criminal contempt procedures, as
5
appropriate, by any court with jurisdiction, regardless where
6
the act or acts which violated the order of protection were
7
committed, to the extent consistent with the venue provisions
8
of this Act. Nothing in this Act shall preclude any Illinois
9
court from enforcing any valid order of protection issued in
10
another state. Illinois courts may enforce orders of
11
protection through both criminal prosecution and contempt
12
proceedings, unless the action which is second in time is
13
barred by collateral estoppel or the constitutional
14
prohibition against double jeopardy.
15

(1) In a contempt proceeding where the petition for a
16

rule to show cause sets forth facts evidencing an
17

immediate danger that the respondent will flee the
18

jurisdiction, conceal a child, or inflict physical abuse
19

on the petitioner or minor children or on dependent adults
20

in petitioner's care, the court may order the attachment
21

of the respondent without prior service of the rule to
22

show cause or the petition for a rule to show cause.
23

Conditions of release shall be set unless specifically
24

denied in writing.
25

(2) A petition for a rule to show cause for violation
26

of an order of protection shall be treated as an expedited

HB4836
- 75 -
LRB104 17416 RLC 30841 b
1

proceeding.
2

(b-1) The court shall not hold a school district or
3
private or non-public school or any of its employees in civil
4
or criminal contempt unless the school district or private or
5
non-public school has been allowed to intervene.
6

(b-2) The court may hold the parents, guardian, or legal
7
custodian of a minor respondent in civil or criminal contempt
8
for a violation of any provision of any order entered under
9
this Act for conduct of the minor respondent in violation of
10
this Act if the parents, guardian, or legal custodian
11
directed, encouraged, or assisted the respondent minor in such
12
conduct.
13

(c) Violation of custody or support orders or temporary or
14
final judgments allocating parental responsibilities. A
15
violation of remedies described in paragraphs (5), (6), (8),
16
or (9) of subsection (b) of Section 214 of this Act may be
17
enforced by any remedy provided by Section 607.5 of the
18
Illinois Marriage and Dissolution of Marriage Act. The court
19
may enforce any order for support issued under paragraph (12)
20
of subsection (b) of Section 214 in the manner provided for
21
under Parts V and VII of the Illinois Marriage and Dissolution
22
of Marriage Act.
23

(d) Actual knowledge. An order of protection may be
24
enforced pursuant to this Section if the respondent violates
25
the order after the respondent has actual knowledge of its
26
contents as shown through one of the following means:

HB4836
- 76 -
LRB104 17416 RLC 30841 b
1

(1) By service, delivery, or notice under Section 210.
2

(2) By notice under Section 210.1 or 211.
3

(3) By service of an order of protection under Section
4

222.
5

(4) By other means demonstrating actual knowledge of
6

the contents of the order.
7

(e) The enforcement of an order of protection in civil or
8
criminal court shall not be affected by either of the
9
following:
10

(1) The existence of a separate, correlative order,
11

entered under Section 215.
12

(2) Any finding or order entered in a conjoined
13

criminal proceeding.
14

(f) Circumstances. The court, when determining whether or
15
not a violation of an order of protection has occurred, shall
16
not require physical manifestations of abuse on the person of
17
the victim.
18

(g) Penalties.
19

(1) Except as provided in paragraph (3) of this
20

subsection, where the court finds the commission of a
21

crime or contempt of court under subsections (a) or (b) of
22

this Section, the penalty shall be the penalty that
23

generally applies in such criminal or contempt
24

proceedings, and may include one or more of the following:
25

incarceration, payment of restitution, a fine, payment of
26

attorneys' fees and costs, or community service.

HB4836
- 77 -
LRB104 17416 RLC 30841 b
1

(2) The court shall hear and take into account
2

evidence of any factors in aggravation or mitigation
3

before deciding an appropriate penalty under paragraph (1)
4

of this subsection.
5

(3) To the extent permitted by law, the court is
6

encouraged to:
7

(i) increase the penalty for the knowing violation
8

of any order of protection over any penalty previously
9

imposed by any court for respondent's violation of any
10

order of protection or penal statute involving
11

petitioner as victim and respondent as defendant;
12

(ii) impose a minimum penalty of 24 hours
13

imprisonment for respondent's first violation of any
14

order of protection; and
15

(iii) impose a minimum penalty of 48 hours
16

imprisonment for respondent's second or subsequent
17

violation of an order of protection
18

unless the court explicitly finds that an increased
19

penalty or that period of imprisonment would be manifestly
20

unjust.
21

(4) In addition to any other penalties imposed for a
22

violation of an order of protection, a criminal court may
23

consider evidence of any violations of an order of
24

protection:
25

(i) to increase, revoke or modify the conditions
26

of pretrial release on an underlying criminal charge

HB4836
- 78 -
LRB104 17416 RLC 30841 b
1

pursuant to Section 110-6 of the Code of Criminal
2

Procedure of 1963;
3

(ii) to revoke or modify an order of probation,
4

conditional discharge or supervision, pursuant to
5

Section 5-6-4 of the Unified Code of Corrections;
6

(iii) to revoke or modify a sentence of periodic
7

imprisonment, pursuant to Section 5-7-2 of the Unified
8

Code of Corrections.
9

(5) In addition to any other penalties, the court
10

shall impose an additional fine of $20 as authorized by
11

Section 5-9-1.11 of the Unified Code of Corrections upon
12

any person convicted of or placed on supervision for a
13

violation of an order of protection. The additional fine
14

shall be imposed for each violation of this Section.
15
(Source: P.A. 102-890, eff. 5-19-22; 103-407, eff. 7-28-23.)

Footer

Disclaimer

This site is maintained for the Illinois General Assembly by the
Legislative Information System, 705 Stratton Building, Springfield, Illinois 62706.

Contact ILGA Webmaster

ILGA.gov uses cookies to ensure you get the best experience on our website. By continuing to browse ILGA.gov you consent to our use of cookies.
Read About Cookies

ILGA.GOV

2026 ILGA.gov | All Rights Reserved |
ADA

|
Disclaimers
|
Learn

This site is maintained for the Illinois General Assembly by the
Legislative Information System, 705 Stratton Building, Springfield, Illinois 62706.
Contact ILGA Webmaster

ILGA.gov uses cookies to ensure you get the best experience on our website. By continuing to browse ILGA.gov you consent to our use of cookies.
Read About Cookies

ILGA.GOV

2026 ILGA.gov | All Rights Reserved |
ADA

|
Disclaimers
|
Learn