DOMESTIC VIOLENCE-HARASSMENT

Illinois General Assembly - Full Text of SB3020

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SB3020 Enrolled
LRB104 17995 RLC 31432 b
1

AN ACT concerning domestic violence.

2

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

4

Section 5.
The Code of Criminal Procedure of 1963 is
5
amended by changing Sections 112A-3, 112A-5.5, 112A-11.5, and
6
112A-14 as follows:

7

(725 ILCS 5/112A-3)

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

Sec. 112A-3.
Definitions.
9

(a) In this Article:
10

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

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

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

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

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

intimidation of a dependent, interference with personal

SB3020 Enrolled
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LRB104 17995 RLC 31432 b
1

liberty or willful deprivation but does not include
2

reasonable direction of a minor child by a parent or
3

person in loco parentis.
4

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

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

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

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

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

persons who share or formerly shared a common dwelling,
10

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

persons who share or allegedly share a blood relationship
12

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

engagement relationship, persons with disabilities and
14

their personal assistants, and caregivers as defined in
15

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

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

acquaintanceship nor ordinary fraternization between 2
18

individuals in business or social contexts shall be deemed
19

to constitute a dating relationship.
20

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

necessary to accomplish a purpose which is reasonable
22

under the circumstances; would cause a reasonable person
23

emotional distress; and does cause emotional distress to
24

the petitioner. Unless the presumption is rebutted by a
25

preponderance of the evidence, the following types of
26

conduct shall be presumed to cause emotional distress:

SB3020 Enrolled
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LRB104 17995 RLC 31432 b
1

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

of employment or school;
3

(ii)
repeatedly telephoning or electronically
4

contacting the petitioner's place of employment, home,
5

mobile phone, or residence or otherwise repeatedly
6

contacting the petitioner, including through a third
7

party, by any means

repeatedly telephoning
8

petitioner's place of employment, home or residence
;
9

(iii) repeatedly following
the
petitioner about in
10

a public place
or places
;
11

(iv) repeatedly keeping
the
petitioner under
12

surveillance by remaining present outside his or her
13

home, school, place of employment, vehicle
,
or other
14

place occupied by
the
petitioner or by peering in
the

15

petitioner's windows;
16

(iv-5) using electronic means to repeatedly track,
17

monitor, surveil, record, or otherwise acquire
18

information about the petitioner's location, movement,
19

or travel patterns, including through third parties;

20

(v) improperly concealing a minor child from
the

21

petitioner, repeatedly threatening to improperly
22

remove a minor child of
the
petitioner's from the
23

jurisdiction or from the physical care of
the

24

petitioner, repeatedly threatening to conceal a minor
25

child from
the
petitioner, or making a single such
26

threat following an actual or attempted improper

SB3020 Enrolled
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LRB104 17995 RLC 31432 b
1

removal or concealment, unless
the
respondent was
2

fleeing from an incident or pattern of domestic
3

violence;
or
4

(vi) threatening physical force, confinement or
5

restraint on one or more occasions
;

.
6

(vii) non-consensual dissemination or threatening
7

the non-consensual dissemination of electronically
8

generated or altered content using the image, voice,
9

or other characteristic of the petitioner to falsely
10

and deceptively impersonate the petitioner or the
11

petitioner's representative;
12

(viii) non-consensual dissemination or threatening
13

the non-consensual dissemination of private sexual
14

images or electronically altered sexual images of the
15

petitioner; or
16

(ix) publishing the personally identifiable
17

information of the petitioner.

18

(5) "Interference with personal liberty" means
19

committing or threatening physical abuse, harassment,
20

intimidation or willful deprivation so as to compel
21

another to engage in conduct from which she or he has a
22

right to abstain or to refrain from conduct in which she or
23

he has a right to engage.
24

(6) "Intimidation of a dependent" means subjecting a
25

person who is dependent because of age, health, or
26

disability to participation in or the witnessing of:

SB3020 Enrolled
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LRB104 17995 RLC 31432 b
1

physical force against another or physical confinement or
2

restraint of another which constitutes physical abuse as
3

defined in this Article, regardless of whether the abused
4

person is a family or household member.
5

(7) "Order of protection" or "domestic violence order
6

of protection" means an ex parte or final order, granted
7

pursuant to this Article, which includes any or all of the
8

remedies authorized by Section 112A-14 of this Code.
9

(8) "Petitioner" may mean not only any named
10

petitioner for the domestic violence order of protection
11

and any named victim of abuse on whose behalf the petition
12

is brought, but also any other person protected by this
13

Article.
14

(9) "Physical abuse" includes sexual abuse and means
15

any of the following:
16

(i) knowing or reckless use of physical force,
17

confinement or restraint;
18

(ii) knowing, repeated and unnecessary sleep
19

deprivation; or
20

(iii) knowing or reckless conduct which creates an
21

immediate risk of physical harm.
22

(9.3) "Respondent" in a petition for a domestic
23

violence order of protection means the defendant.
24

(9.5) "Stay away" means for the respondent to refrain
25

from both physical presence and nonphysical contact with
26

the petitioner whether direct, indirect (including, but

SB3020 Enrolled
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LRB104 17995 RLC 31432 b
1

not limited to, telephone calls, mail, email, faxes, and
2

written notes), or through third parties who may or may
3

not know about the domestic violence order of protection.
4

(10) "Willful deprivation" means wilfully denying a
5

person who because of age, health or disability requires
6

medication, medical care, shelter, accessible shelter or
7

services, food, therapeutic device, or other physical
8

assistance, and thereby exposing that person to the risk
9

of physical, mental or emotional harm, except with regard
10

to medical care and treatment when such dependent person
11

has expressed the intent to forgo such medical care or
12

treatment. This paragraph (10) does not create any new
13

affirmative duty to provide support to dependent persons.
14

(c) For the purposes of cases involving sexual offenses,
15
the following terms shall have the following meanings in this
16
Article:
17

(1) "Civil no contact order" means an ex parte or
18

final order granted under this Article, which includes a
19

remedy authorized by Section 112A-14.5 of this Code.
20

(1.5) "Electronic" means relating to technology having
21

electrical, digital, magnetic, wireless, networked,
22

optical, electromagnetic, global positioning system, or
23

similar capabilities.

24

(2) "Family or household members" include spouses,
25

parents, children, stepchildren, and persons who share a
26

common dwelling.

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LRB104 17995 RLC 31432 b
1

(3) "Non-consensual" means a lack of freely given
2

agreement.
3

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

for the civil no contact order and any named victim of
5

non-consensual sexual conduct or non-consensual sexual
6

penetration on whose behalf the petition is brought, but
7

includes any other person sought to be protected under
8

this Article.
9

(5) "Respondent" in a petition for a civil no contact
10

order means the defendant.
11

(6) "Sexual conduct" means any intentional or knowing
12

touching or fondling by the petitioner or the respondent,
13

either directly or through clothing, of the sex organs,
14

anus, or breast of the petitioner or the respondent, or
15

any part of the body of a child under 13 years of age, or
16

any transfer or transmission of semen by the respondent
17

upon any part of the clothed or unclothed body of the
18

petitioner, for the purpose of sexual gratification or
19

arousal of the petitioner or the respondent.
20

(7) "Sexual penetration" means any contact, however
21

slight, between the sex organ or anus of one person by an
22

object, the sex organ, mouth or anus of another person, or
23

any intrusion, however slight, of any part of the body of
24

one person or of any animal or object into the sex organ or
25

anus of another person, including, but not limited to,
26

cunnilingus, fellatio, or anal penetration. Evidence of

SB3020 Enrolled
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LRB104 17995 RLC 31432 b
1

emission of semen is not required to prove sexual
2

penetration.
3

(8) "Stay away" means to refrain from both physical
4

presence and nonphysical contact with the petitioner
5

directly, indirectly, or through third parties who may or
6

may not know of the order. "Nonphysical contact" includes,
7

but is not limited to, telephone calls, mail, e-mail, fax,
8

and written notes.
9

(d) For the purposes of cases involving stalking offenses,
10
the following terms shall have the following meanings in this
11
Article:
12

(1) "Course of conduct" means 2 or more acts,
13

including, but not limited to, acts in which a respondent
14

directly, indirectly, or through third parties, by any
15

action, method, device, or means follows, monitors,
16

observes, surveils, threatens, or communicates to or
17

about, a person, engages in other contact, or interferes
18

with or damages a person's property or pet. A course of
19

conduct may include contact via electronic communications.
20

The incarceration of a person in a penal institution who
21

commits the course of conduct is not a bar to prosecution.
22

(2) "Emotional distress" means significant mental
23

suffering, anxiety, or alarm.
24

(3) "Contact" includes any contact with the victim,
25

that is initiated or continued without the victim's
26

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

SB3020 Enrolled
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LRB104 17995 RLC 31432 b
1

desire that the contact be avoided or discontinued,
2

including, but not limited to, being in the physical
3

presence of the victim; appearing within the sight of the
4

victim; approaching or confronting the victim in a public
5

place or on private property; appearing at the workplace
6

or residence of the victim; entering onto or remaining on
7

property owned, leased, or occupied by the victim; or
8

placing an object on, or delivering an object to, property
9

owned, leased, or occupied by the victim.
10

(4) "Petitioner" means any named petitioner for the
11

stalking no contact order or any named victim of stalking
12

on whose behalf the petition is brought.
13

(5) "Reasonable person" means a person in the
14

petitioner's circumstances with the petitioner's knowledge
15

of the respondent and the respondent's prior acts.
16

(6) "Respondent" in a petition for a civil no contact
17

order means the defendant.
18

(7) "Stalking" means engaging in a course of conduct
19

directed at a specific person, and he or she knows or
20

should know that this course of conduct would cause a
21

reasonable person to fear for his or her safety or the
22

safety of a third person or suffer emotional distress.
23

"Stalking" does not include an exercise of the right to
24

free speech or assembly that is otherwise lawful or
25

picketing occurring at the workplace that is otherwise
26

lawful and arises out of a bona fide labor dispute,

SB3020 Enrolled
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LRB104 17995 RLC 31432 b
1

including any controversy concerning wages, salaries,
2

hours, working conditions or benefits, including health
3

and welfare, sick leave, insurance, and pension or
4

retirement provisions, the making or maintaining of
5

collective bargaining agreements, and the terms to be
6

included in those agreements.
7

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

final order granted under this Article, which includes a
9

remedy authorized by Section 112A-14.7 of this Code.
10
(Source: P.A. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18.)

11

(725 ILCS 5/112A-5.5)
12

Sec. 112A-5.5.
Time for filing petition; service on
13
respondent, hearing on petition, and default orders.

14

(a) A petition for a protective order may be filed at any
15
time, in person or online, after a criminal charge or
16
delinquency petition is filed and before the charge or
17
delinquency petition is dismissed, the defendant or juvenile
18
is acquitted, or the defendant or juvenile completes service
19
of his or her sentence.
20

(b) The request for an ex parte protective order may be
21
considered without notice to the respondent under Section
22
112A-17.5 of this Code.
23

(c) A summons shall be issued and served for a protective
24
order. The summons may be served by delivery to the respondent
25
personally in open court in the criminal or juvenile

SB3020 Enrolled
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LRB104 17995 RLC 31432 b
1
delinquency proceeding, in the form prescribed by subsection
2
(d) of Supreme Court Rule 101, except that it shall require the
3
respondent to answer or appear within 7 days. Attachments to
4
the summons shall include the petition for protective order,
5
supporting affidavits, if any, and any ex parte protective
6
order that has been issued.
7

(d) The summons shall be served by the sheriff or other law
8
enforcement officer at the earliest time available and shall
9
take precedence over any other summons, except those of a
10
similar emergency nature. Attachments to the summons shall
11
include the petition for protective order, supporting
12
affidavits, if any, and any ex parte protective order that has
13
been issued. Special process servers may be appointed at any
14
time and their designation shall not affect the
15
responsibilities and authority of the sheriff or other
16
official process servers. In a county with a population over
17
3,000,000, a special process server may not be appointed if
18
the protective order grants the surrender of a child, the
19
surrender of a firearm or Firearm Owner's Identification Card,
20
or the exclusive possession of a shared residence.
21

(e) If the respondent is not served within 30 days of the
22
filing of the petition, the court shall schedule a court
23
proceeding on the issue of service. Either the petitioner, the
24
petitioner's counsel, or the State's Attorney shall appear and
25
the court shall either order continued attempts at personal
26
service or shall order service by publication, in accordance

SB3020 Enrolled
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LRB104 17995 RLC 31432 b
1
with Sections 2-203, 2-206, and 2-207 of the Code of Civil
2
Procedure.
3

(f) The request for a final protective order can be
4
considered at any court proceeding in the delinquency or
5
criminal case after service of the petition. If the petitioner
6
has not been provided notice of the court proceeding at least
7
10 days in advance of the proceeding, the court shall schedule
8
a hearing on the petition and provide notice to the
9
petitioner.
10

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

11
shall offer the option of a remote hearing to a petitioner for
12
a protective order. The court
shall grant a request for a
13
remote hearing unless good cause is shown for denial

has the
14
discretion to grant or deny the request for a remote hearing
.
15
Each court shall determine the procedure for a remote hearing
16
in accordance with Illinois Supreme Court Rule 45
. The
17
petitioner
, applicable witness or witnesses
and respondent may
18
appear remotely or in person.
19

The court shall issue and publish a court order, standing
20
order, or local rule detailing information about the process
21
for requesting and participating in a remote court appearance.
22
The court order, standing order, or local rule shall be
23
published on the court's website and posted on signs
24
throughout the courthouse, including in the clerk's office.
25
The sign shall be written in plain language and include
26
information about the availability of remote court appearances

SB3020 Enrolled
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LRB104 17995 RLC 31432 b
1
and the process for requesting a remote hearing.
2

(g) Default orders.
3

(1) A final domestic violence order of protection may
4

be entered by default:
5

(A) for any of the remedies sought in the
6

petition, if the respondent has been served with
7

documents under subsection (b) or (c) of this Section
8

and if the respondent fails to appear on the specified
9

return date or any subsequent hearing date agreed to
10

by the petitioner and respondent or set by the court;
11

or
12

(B) for any of the remedies provided under
13

paragraph (1), (2), (3), (5), (6), (7), (8), (9),
14

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

(b) of Section 112A-14 of this Code, or if the
16

respondent fails to answer or appear in accordance
17

with the date set in the publication notice or the
18

return date indicated on the service of a household
19

member.
20

(2) A final civil no contact order may be entered by
21

default for any of the remedies provided in Section
22

112A-14.5 of this Code, if the respondent has been served
23

with documents under subsection (b) or (c) of this
24

Section, and if the respondent fails to answer or appear
25

in accordance with the date set in the publication notice
26

or the return date indicated on the service of a household

SB3020 Enrolled
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LRB104 17995 RLC 31432 b
1

member.
2

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

by default for any of the remedies provided by Section
4

112A-14.7 of this Code, if the respondent has been served
5

with documents under subsection (b) or (c) of this Section
6

and if the respondent fails to answer or appear in
7

accordance with the date set in the publication notice or
8

the return date indicated on the service of a household
9

member.
10
(Source: P.A. 102-853, eff. 1-1-23; 103-154, eff. 6-30-23.)

11

(725 ILCS 5/112A-11.5)
12

Sec. 112A-11.5.
Issuance of protective order.
13

(a) Except as provided in subsection (a-5) of this
14
Section, the court shall grant the petition and enter a
15
protective order if the court finds prima facie evidence that
16
a crime involving domestic violence, a sexual offense, or a
17
crime involving stalking has been committed. The following
18
shall be considered prima facie evidence of the crime:
19

(1) an information, complaint, indictment, or
20

delinquency petition, charging a crime of domestic
21

violence, a sexual offense, or stalking or charging an
22

attempt to commit a crime of domestic violence, a sexual
23

offense, or stalking;
24

(2) an adjudication of delinquency, a finding of guilt
25

based upon a plea, or a finding of guilt after a trial for

SB3020 Enrolled
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LRB104 17995 RLC 31432 b
1

a crime of domestic battery, a sexual crime, or stalking
2

or an attempt to commit a crime of domestic violence, a
3

sexual offense, or stalking;
4

(3) any dispositional order issued under Section 5-710
5

of the Juvenile Court Act of 1987, the imposition of
6

supervision, conditional discharge, probation, periodic
7

imprisonment, parole, aftercare release, or mandatory
8

supervised release for a crime of domestic violence, a
9

sexual offense, or stalking or an attempt to commit a
10

crime of domestic violence, a sexual offense, or stalking,
11

or imprisonment in conjunction with a bond forfeiture
12

warrant; or
13

(4) the entry of a protective order in a separate
14

civil case brought by the petitioner against the
15

respondent.
16

(a-5) The respondent may rebut prima facie evidence of the
17
crime under paragraph (1) of subsection (a) of this Section by
18
presenting evidence of a meritorious defense. The respondent
19
shall file a written notice alleging a meritorious defense
20
which shall be verified and supported by affidavit. The
21
verified notice and affidavit shall set forth the evidence
22
that will be presented at a hearing. If the court finds that
23
the evidence presented at the hearing establishes a
24
meritorious defense by a preponderance of the evidence, the
25
court may decide not to issue a protective order.
26

(b) The petitioner shall not be denied a protective order

SB3020 Enrolled
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LRB104 17995 RLC 31432 b
1
because the petitioner or the respondent is a minor
or solely
2
upon the basis that the respondent or petitioner is
3
incarcerated in a penal institution at the time of the
4
issuance of the order
.
5

(c) The court, when determining whether or not to issue a
6
protective order, may not require physical injury on the
7
person of the victim.
8

(d) If the court issues a final protective order under
9
this Section, the court shall afford the petitioner and
10
respondent an opportunity to be heard on the remedies
11
requested in the petition.
12
(Source: P.A. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18.)

13

(725 ILCS 5/112A-14)

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

Sec. 112A-14.
Domestic violence order of protection;
15
remedies.
16

(a) (Blank).
17

(b) The court may order any of the remedies listed in this
18
subsection (b). The remedies listed in this subsection (b)
19
shall be in addition to other civil or criminal remedies
20
available to petitioner.
21

(1) Prohibition of abuse. Prohibit respondent's
22

harassment, interference with personal liberty,
23

intimidation of a dependent, physical abuse, or willful
24

deprivation, as defined in this Article, if such abuse has
25

occurred or otherwise appears likely to occur if not

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LRB104 17995 RLC 31432 b
1

prohibited.
2

(2) Grant of exclusive possession of residence.
3

Prohibit respondent from entering or remaining in any
4

residence, household, or premises of the petitioner,
5

including one owned or leased by respondent, if petitioner
6

has a right to occupancy thereof. The grant of exclusive
7

possession of the residence, household, or premises shall
8

not affect title to real property, nor shall the court be
9

limited by the standard set forth in subsection (c-2) of
10

Section 501 of the Illinois Marriage and Dissolution of
11

Marriage Act.
12

(A) Right to occupancy. A party has a right to
13

occupancy of a residence or household if it is solely
14

or jointly owned or leased by that party, that party's
15

spouse, a person with a legal duty to support that
16

party or a minor child in that party's care, or by any
17

person or entity other than the opposing party that
18

authorizes that party's occupancy (e.g., a domestic
19

violence shelter). Standards set forth in subparagraph
20

(B) shall not preclude equitable relief.
21

(B) Presumption of hardships. If petitioner and
22

respondent each has the right to occupancy of a
23

residence or household, the court shall balance (i)
24

the hardships to respondent and any minor child or
25

dependent adult in respondent's care resulting from
26

entry of this remedy with (ii) the hardships to

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1

petitioner and any minor child or dependent adult in
2

petitioner's care resulting from continued exposure to
3

the risk of abuse (should petitioner remain at the
4

residence or household) or from loss of possession of
5

the residence or household (should petitioner leave to
6

avoid the risk of abuse). When determining the balance
7

of hardships, the court shall also take into account
8

the accessibility of the residence or household.
9

Hardships need not be balanced if respondent does not
10

have a right to occupancy.
11

The balance of hardships is presumed to favor
12

possession by petitioner unless the presumption is
13

rebutted by a preponderance of the evidence, showing
14

that the hardships to respondent substantially
15

outweigh the hardships to petitioner and any minor
16

child or dependent adult in petitioner's care. The
17

court, on the request of petitioner or on its own
18

motion, may order respondent to provide suitable,
19

accessible, alternate housing for petitioner instead
20

of excluding respondent from a mutual residence or
21

household.
22

(3) Stay away order and additional prohibitions. Order
23

respondent to stay away from petitioner or any other
24

person protected by the domestic violence order of
25

protection, or prohibit respondent from entering or
26

remaining present at petitioner's school, place of

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1

employment, or other specified places at times when
2

petitioner is present, or both, if reasonable, given the
3

balance of hardships. Hardships need not be balanced for
4

the court to enter a stay away order or prohibit entry if
5

respondent has no right to enter the premises.
6

(A) If a domestic violence order of protection
7

grants petitioner exclusive possession of the
8

residence, prohibits respondent from entering the
9

residence, or orders respondent to stay away from
10

petitioner or other protected persons, then the court
11

may allow respondent access to the residence to remove
12

items of clothing and personal adornment used
13

exclusively by respondent, medications, and other
14

items as the court directs. The right to access shall
15

be exercised on only one occasion as the court directs
16

and in the presence of an agreed-upon adult third
17

party or law enforcement officer.
18

(B) When the petitioner and the respondent attend
19

the same public, private, or non-public elementary,
20

middle, or high school, the court when issuing a
21

domestic violence order of protection and providing
22

relief shall consider the severity of the act, any
23

continuing physical danger or emotional distress to
24

the petitioner, the educational rights guaranteed to
25

the petitioner and respondent under federal and State
26

law, the availability of a transfer of the respondent

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1

to another school, a change of placement or a change of
2

program of the respondent, the expense, difficulty,
3

and educational disruption that would be caused by a
4

transfer of the respondent to another school, and any
5

other relevant facts of the case. The court may order
6

that the respondent not attend the public, private, or
7

non-public elementary, middle, or high school attended
8

by the petitioner, order that the respondent accept a
9

change of placement or change of program, as
10

determined by the school district or private or
11

non-public school, or place restrictions on the
12

respondent's movements within the school attended by
13

the petitioner. The respondent bears the burden of
14

proving by a preponderance of the evidence that a
15

transfer, change of placement, or change of program of
16

the respondent is not available. The respondent also
17

bears the burden of production with respect to the
18

expense, difficulty, and educational disruption that
19

would be caused by a transfer of the respondent to
20

another school. A transfer, change of placement, or
21

change of program is not unavailable to the respondent
22

solely on the ground that the respondent does not
23

agree with the school district's or private or
24

non-public school's transfer, change of placement, or
25

change of program or solely on the ground that the
26

respondent fails or refuses to consent or otherwise

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1

does not take an action required to effectuate a
2

transfer, change of placement, or change of program.
3

When a court orders a respondent to stay away from the
4

public, private, or non-public school attended by the
5

petitioner and the respondent requests a transfer to
6

another attendance center within the respondent's
7

school district or private or non-public school, the
8

school district or private or non-public school shall
9

have sole discretion to determine the attendance
10

center to which the respondent is transferred. If the
11

court order results in a transfer of the minor
12

respondent to another attendance center, a change in
13

the respondent's placement, or a change of the
14

respondent's program, the parents, guardian, or legal
15

custodian of the respondent is responsible for
16

transportation and other costs associated with the
17

transfer or change.
18

(C) The court may order the parents, guardian, or
19

legal custodian of a minor respondent to take certain
20

actions or to refrain from taking certain actions to
21

ensure that the respondent complies with the order. If
22

the court orders a transfer of the respondent to
23

another school, the parents, guardian, or legal
24

custodian of the respondent is responsible for
25

transportation and other costs associated with the
26

change of school by the respondent.

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1

(4) Counseling. Require or recommend the respondent to
2

undergo counseling for a specified duration with a social
3

worker, psychologist, clinical psychologist,
4

psychiatrist, family service agency, alcohol or substance
5

abuse program, mental health center guidance counselor,
6

agency providing services to elders, program designed for
7

domestic violence abusers, or any other guidance service
8

the court deems appropriate. The court may order the
9

respondent in any intimate partner relationship to report
10

to an Illinois Department of Human Services protocol
11

approved partner abuse intervention program for an
12

assessment and to follow all recommended treatment.
13

(5) Physical care and possession of the minor child.
14

In order to protect the minor child from abuse, neglect,
15

or unwarranted separation from the person who has been the
16

minor child's primary caretaker, or to otherwise protect
17

the well-being of the minor child, the court may do either
18

or both of the following: (i) grant petitioner physical
19

care or possession of the minor child, or both, or (ii)
20

order respondent to return a minor child to, or not remove
21

a minor child from, the physical care of a parent or person
22

in loco parentis.
23

If the respondent is charged with abuse (as defined in
24

Section 112A-3 of this Code) of a minor child, there shall
25

be a rebuttable presumption that awarding physical care to
26

respondent would not be in the minor child's best

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1

interest.
2

(6) Temporary allocation of parental responsibilities
3

and significant decision-making responsibilities. Award
4

temporary significant decision-making responsibility to
5

petitioner in accordance with this Section, the Illinois
6

Marriage and Dissolution of Marriage Act, the Illinois
7

Parentage Act of 2015, and this State's Uniform
8

Child-Custody Jurisdiction and Enforcement Act.
9

If the respondent is charged with abuse (as defined in
10

Section 112A-3 of this Code) of a minor child, there shall
11

be a rebuttable presumption that awarding temporary
12

significant decision-making responsibility to respondent
13

would not be in the child's best interest.
14

(7) Parenting time. Determine the parenting time, if
15

any, of respondent in any case in which the court awards
16

physical care or temporary significant decision-making
17

responsibility of a minor child to petitioner. The court
18

shall restrict or deny respondent's parenting time with a
19

minor child if the court finds that respondent has done or
20

is likely to do any of the following:
21

(i) abuse or endanger the minor child during
22

parenting time;
23

(ii) use the parenting time as an opportunity to
24

abuse or harass petitioner or petitioner's family or
25

household members;
26

(iii) improperly conceal or detain the minor

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1

child; or
2

(iv) otherwise act in a manner that is not in the
3

best interests of the minor child.
4

The court shall not be limited by the standards set
5

forth in Section 603.10 of the Illinois Marriage and
6

Dissolution of Marriage Act. If the court grants parenting
7

time, the order shall specify dates and times for the
8

parenting time to take place or other specific parameters
9

or conditions that are appropriate. No order for parenting
10

time shall refer merely to the term "reasonable parenting
11

time". Petitioner may deny respondent access to the minor
12

child if, when respondent arrives for parenting time,
13

respondent is under the influence of drugs or alcohol and
14

constitutes a threat to the safety and well-being of
15

petitioner or petitioner's minor children or is behaving
16

in a violent or abusive manner. If necessary to protect
17

any member of petitioner's family or household from future
18

abuse, respondent shall be prohibited from coming to
19

petitioner's residence to meet the minor child for
20

parenting time, and the petitioner and respondent shall
21

submit to the court their recommendations for reasonable
22

alternative arrangements for parenting time. A person may
23

be approved to supervise parenting time only after filing
24

an affidavit accepting that responsibility and
25

acknowledging accountability to the court.
26

(8) Removal or concealment of minor child. Prohibit

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1

respondent from removing a minor child from the State or
2

concealing the child within the State.
3

(9) Order to appear. Order the respondent to appear in
4

court, alone or with a minor child, to prevent abuse,
5

neglect, removal or concealment of the child, to return
6

the child to the custody or care of the petitioner, or to
7

permit any court-ordered interview or examination of the
8

child or the respondent.
9

(10) Possession of personal property. Grant petitioner
10

exclusive possession of personal property and, if
11

respondent has possession or control, direct respondent to
12

promptly make it available to petitioner, if:
13

(i) petitioner, but not respondent, owns the
14

property; or
15

(ii) the petitioner and respondent own the
16

property jointly; sharing it would risk abuse of
17

petitioner by respondent or is impracticable; and the
18

balance of hardships favors temporary possession by
19

petitioner.
20

If petitioner's sole claim to ownership of the
21

property is that it is marital property, the court may
22

award petitioner temporary possession thereof under the
23

standards of subparagraph (ii) of this paragraph only if a
24

proper proceeding has been filed under the Illinois
25

Marriage and Dissolution of Marriage Act, as now or
26

hereafter amended.

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1

No order under this provision shall affect title to
2

property.
3

(11) Protection of property. Forbid the respondent
4

from taking, transferring, encumbering, concealing,
5

damaging, or otherwise disposing of any real or personal
6

property, except as explicitly authorized by the court,
7

if:
8

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

property; or
10

(ii) the petitioner and respondent own the
11

property jointly, and the balance of hardships favors
12

granting this remedy.
13

If petitioner's sole claim to ownership of the
14

property is that it is marital property, the court may
15

grant petitioner relief under subparagraph (ii) of this
16

paragraph only if a proper proceeding has been filed under
17

the Illinois Marriage and Dissolution of Marriage Act, as
18

now or hereafter amended.
19

The court may further prohibit respondent from
20

improperly using the financial or other resources of an
21

aged member of the family or household for the profit or
22

advantage of respondent or of any other person.
23

(11.5) Protection of animals. Grant the petitioner the
24

exclusive care, custody, or control of any animal owned,
25

possessed, leased, kept, or held by either the petitioner
26

or the respondent or a minor child residing in the

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1

residence or household of either the petitioner or the
2

respondent and order the respondent to stay away from the
3

animal and forbid the respondent from taking,
4

transferring, encumbering, concealing, harming, or
5

otherwise disposing of the animal.
6

(12) Order for payment of support. Order respondent to
7

pay temporary support for the petitioner or any child in
8

the petitioner's care or over whom the petitioner has been
9

allocated parental responsibility, when the respondent has
10

a legal obligation to support that person, in accordance
11

with the Illinois Marriage and Dissolution of Marriage
12

Act, which shall govern, among other matters, the amount
13

of support, payment through the clerk and withholding of
14

income to secure payment. An order for child support may
15

be granted to a petitioner with lawful physical care of a
16

child, or an order or agreement for physical care of a
17

child, prior to entry of an order allocating significant
18

decision-making responsibility. Such a support order shall
19

expire upon entry of a valid order allocating parental
20

responsibility differently and vacating petitioner's
21

significant decision-making responsibility unless
22

otherwise provided in the order.
23

(13) Order for payment of losses. Order respondent to
24

pay petitioner for losses suffered as a direct result of
25

the abuse. Such losses shall include, but not be limited
26

to, medical expenses, lost earnings or other support,

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1

repair or replacement of property damaged or taken,
2

reasonable attorney's fees, court costs, and moving or
3

other travel expenses, including additional reasonable
4

expenses for temporary shelter and restaurant meals.
5

(i) Losses affecting family needs. If a party is
6

entitled to seek maintenance, child support, or
7

property distribution from the other party under the
8

Illinois Marriage and Dissolution of Marriage Act, as
9

now or hereafter amended, the court may order
10

respondent to reimburse petitioner's actual losses, to
11

the extent that such reimbursement would be
12

"appropriate temporary relief", as authorized by
13

subsection (a)(3) of Section 501 of that Act.
14

(ii) Recovery of expenses. In the case of an
15

improper concealment or removal of a minor child, the
16

court may order respondent to pay the reasonable
17

expenses incurred or to be incurred in the search for
18

and recovery of the minor child, including, but not
19

limited to, legal fees, court costs, private
20

investigator fees, and travel costs.
21

(14) Prohibition of entry. Prohibit the respondent
22

from entering or remaining in the residence or household
23

while the respondent is under the influence of alcohol or
24

drugs and constitutes a threat to the safety and
25

well-being of the petitioner or the petitioner's children.
26

(14.5) Prohibition of possession of firearms and

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1

firearm parts; search and seizure of firearms and firearm
2

parts.
3

(A) Subject to the provisions of subparagraph
4

(B-2), if applicable, a person who is subject to an
5

existing domestic violence order of protection issued
6

under this Code may not lawfully possess firearms or
7

firearm parts that could be assembled to make an
8

operable firearm or a Firearm Owner's Identification
9

Card under Section 8.2 of the Firearm Owners
10

Identification Card Act.
11

(B) Any firearms in the possession of the
12

respondent, except as provided in subparagraph (C) of
13

this paragraph (14.5) and subject to the provisions of
14

subparagraph (B-2), if applicable, shall be ordered by
15

the court to be surrendered to law enforcement for
16

safekeeping. Any firearms or firearm parts on the
17

respondent's person or at the place of service shall
18

be immediately surrendered to the serving officers at
19

the time of service of the order of protection, and any
20

other firearms or firearm parts shall be surrendered
21

to local law enforcement within 24 hours of service of
22

the order of protection. Any Firearm Owner's
23

Identification Card or Concealed Carry License in the
24

possession of the respondent, except as provided in
25

subparagraph (C), shall also be ordered by the court
26

to be turned over to serving officers at the time of

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1

service of the order of protection or, if not on the
2

respondent's person or at the location where the
3

respondent is served at the time of service, to local
4

law enforcement within 24 hours of service of the
5

order. The law enforcement agency shall immediately
6

mail the card, as well as any license, to the Illinois
7

State Police Firearm Owner's Identification Card
8

Office for safekeeping.
9

(B-1) Upon request of the petitioner or the
10

State's Attorney on behalf of the petitioner, a law
11

enforcement officer may seek a search warrant based on
12

the allegations in the petition for the Order of
13

Protection.
14

(i) If requested by law enforcement, the court
15

shall issue a search warrant for the seizure of
16

any firearms or firearm parts that could be
17

assembled to make an operable firearm belonging to
18

the respondent at or after entry of an order of
19

protection if the court, based upon sworn
20

testimony and governed by Sections 108-3 and
21

108-4, finds probable cause exists that:
22

(aa) the respondent poses an immediate and
23

present credible threat to the physical safety
24

of the petitioner protected by the order of
25

protection;
26

(bb) the respondent possesses firearms or

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1

firearm parts that could be assembled to make
2

an operable firearm; and
3

(cc) the firearms or firearm parts that
4

could be assembled to make an operable firearm
5

are located at the residence, vehicle, or
6

other property of the respondent to be
7

searched.
8

(ii) The search warrant shall specify with
9

particularity the scope of the search, including
10

the property to be searched, and shall direct the
11

law enforcement agency to seize the respondent's
12

firearms and firearm parts that could be assembled
13

to make an operable firearm. Law enforcement shall
14

also be directed to seize into their possession
15

any Firearm Owner's Identification Card and any
16

Concealed Carry License belonging to the
17

respondent.
18

(iii) The law enforcement agency to which the
19

court has directed the warrant shall execute the
20

warrant no later than 96 hours after issuance. The
21

law enforcement agency to which the court has
22

directed the warrant may coordinate with other law
23

enforcement agencies to execute the warrant. A
24

return of the warrant shall be filed by the law
25

enforcement agency within 24 hours of execution,
26

setting forth the time, date, and location where

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1

the warrant was executed and what items, if any,
2

were seized. If the court is not in session, the
3

return information shall be returned on the next
4

date the court is in session. Subject to the
5

provisions of this Section, peace officers shall
6

have the same authority to execute a warrant
7

issued under this subsection as a warrant issued
8

under Article 108.
9

(iv) If the property to be searched is in
10

another county, the petitioner or the State's
11

Attorney may seek a search warrant in that county
12

with the law enforcement agency with primary
13

responsibility for responding to service calls at
14

the property to be searched. Regardless of whether
15

the petitioner is working with the State's
16

Attorney under subsection (d) of Section 112A-4.5,
17

the petitioner may request the State's Attorney's
18

assistance to request that the law enforcement
19

agency in the county where the property is located
20

seek a search warrant.
21

(v) Service of an order of protection shall,
22

to the extent possible, be concurrent with any
23

warrant issued under this paragraph.
24

(B-2) Ex parte relief may be granted under this
25

paragraph (14.5) only if the court finds that personal
26

injury to the petitioner is likely to occur if the

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LRB104 17995 RLC 31432 b
1

respondent received prior notice and if the petitioner
2

has otherwise satisfied the requirements of Section
3

112A-17.5 of this Article.
4

(C) If the respondent is a peace officer as
5

defined in Section 2-13 of the Criminal Code of 2012,
6

the court shall order that any firearms used by the
7

respondent in the performance of his or her duties as a
8

peace officer be surrendered to the chief law
9

enforcement executive of the agency in which the
10

respondent is employed, who shall retain the firearms
11

for safekeeping for the duration of the domestic
12

violence order of protection.
13

(D)(i) Any firearms or firearm parts that could be
14

assembled to make an operable firearm that have been
15

seized or surrendered shall be kept by the law
16

enforcement agency that took possession of the items
17

for safekeeping, except as provided in subparagraph
18

(C), (E), or (F). The period of safekeeping shall be
19

for the duration of the order of protection. Except as
20

provided in subparagraph (F), the respondent is
21

prohibited from transferring firearms or firearm parts
22

to another individual in lieu of surrender to law
23

enforcement. The law enforcement agency shall provide
24

an itemized statement of receipt to the respondent and
25

the court describing any seized or surrendered
26

firearms or firearm parts and informing the respondent

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1

that the respondent may seek the return of the
2

respondent's items at the end of the order of
3

protection. The law enforcement agency may enter
4

arrangements, as needed, with federally licensed
5

firearm dealers or other law enforcement agencies for
6

the storage of any firearms seized or surrendered
7

under this subsection.
8

(ii) It is the respondent's responsibility to
9

request the return or reinstatement of any Firearm
10

Owner's Identification Card or Concealed Carry License
11

and to notify the Illinois State Police Firearm
12

Owner's Identification Card Office at the end of the
13

Order of Protection.
14

(iii) At the end of the order of protection, a
15

respondent may request the return of any seized or
16

surrendered firearms or firearm parts that could be
17

assembled to make an operable firearm. Seized or
18

surrendered firearms or firearm parts shall be
19

returned within 14 days of the request to the
20

respondent, if the respondent is lawfully eligible to
21

possess firearms, or to a designated third party who
22

is lawfully eligible to possess firearms. If the
23

firearms or firearm parts cannot be returned to
24

respondent because (1) the respondent has not
25

requested the return or transfer of the firearms or
26

firearm parts as set forth in this subparagraph and

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LRB104 17995 RLC 31432 b
1

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

respond to more than 3 requests to retrieve the
3

firearms, upon petition from the appropriate law
4

enforcement agency and notice to the respondent at the
5

respondent's last known address, the court may order
6

the law enforcement agency to destroy the firearms or
7

firearm parts; use the firearms or firearm parts for
8

training purposes, or for any other application as
9

deemed appropriate by the law enforcement agency; or
10

turn over the firearms or firearm parts to a third
11

party who is lawfully eligible to possess firearms,
12

and who does not reside with respondent.
13

(E)(i) If a person other than the respondent
14

claims title to any firearms or firearm parts that
15

could be assembled to make an operable firearm seized
16

or surrendered under this subsection, the person may
17

petition the court to have the firearm and firearm
18

parts that could be assembled to make an operable
19

firearm returned to him or her with proper notice to
20

the petitioner and respondent. If, at a hearing on the
21

petition, the court determines the person to be the
22

lawful owner of the firearm and firearm parts that
23

could be assembled to make an operable firearm, the
24

firearm and firearm parts that could be assembled to
25

make an operable firearm shall be returned to the
26

person, provided that:

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LRB104 17995 RLC 31432 b
1

(aa) the firearm and firearm parts that could
2

be assembled to make an operable firearm are
3

removed from the respondent's custody, control, or
4

possession, and the lawful owner agrees to store
5

the firearm and firearm parts that could be
6

assembled to make an operable firearm in a manner
7

such that the respondent does not have access to
8

or control of the firearm and firearm parts that
9

could be assembled to make an operable firearm;
10

and
11

(bb) the firearm and firearm parts that could
12

be assembled to make an operable firearm are not
13

otherwise unlawfully possessed by the owner.
14

(ii) The person petitioning for the return of his
15

or her firearm and firearm parts that could be
16

assembled to make an operable firearm must swear or
17

affirm by affidavit that he or she:
18

(aa) is the lawful owner of the firearm and
19

firearm parts that could be assembled to make an
20

operable firearm;
21

(bb) shall not transfer the firearm and
22

firearm parts that could be assembled to make an
23

operable firearm to the respondent; and
24

(cc) will store the firearm and firearm parts
25

that could be assembled to make an operable
26

firearm in a manner that the respondent does not

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1

have access to or control of the firearm and
2

firearm parts that could be assembled to make an
3

operable firearm.
4

(F)(i) The respondent may file a motion to
5

transfer, at the next scheduled hearing, any seized or
6

surrendered firearms or firearm parts to a third
7

party. Notice of the motion shall be provided to the
8

petitioner and the third party must appear at the
9

hearing.
10

(ii) The court may order transfer of the seized or
11

surrendered firearm or firearm parts only if:
12

(aa) the third party transferee affirms by
13

affidavit to the open court that:
14

(I) the third party transferee does not
15

reside with the respondent;
16

(II) the respondent does not have access
17

to the location in which the third party
18

transferee intends to keep the firearms or
19

firearm parts;
20

(III) the third party transferee will not
21

transfer the firearm or firearm parts to the
22

respondent or anyone who resides with the
23

respondent;
24

(IV) the third party transferee will
25

maintain control and possession of the firearm
26

or firearm parts until otherwise ordered by

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1

the court; and
2

(V) the third party transferee will be
3

subject to criminal penalties for transferring
4

the firearms or firearm parts to the
5

respondent; and
6

(bb) the court finds that:
7

(I) the respondent holds a valid Firearm
8

Owner's Identification; and
9

(II) the transfer of firearms or firearm
10

parts to the third party transferee does not
11

place the petitioner or any other protected
12

parties at any additional threat or risk of
13

harm.
14

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

violence order of protection prohibits respondent from
16

having contact with the minor child, or if petitioner's
17

address is omitted under subsection (b) of Section 112A-5
18

of this Code, or if necessary to prevent abuse or wrongful
19

removal or concealment of a minor child, the order shall
20

deny respondent access to, and prohibit respondent from
21

inspecting, obtaining, or attempting to inspect or obtain,
22

school or any other records of the minor child who is in
23

the care of petitioner.
24

(16) Order for payment of shelter services. Order
25

respondent to reimburse a shelter providing temporary
26

housing and counseling services to the petitioner for the

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cost of the services, as certified by the shelter and
2

deemed reasonable by the court.
3

(17) Order for injunctive relief. Enter injunctive
4

relief necessary or appropriate to prevent further abuse
5

of a family or household member or to effectuate one of the
6

granted remedies, if supported by the balance of
7

hardships. If the harm to be prevented by the injunction
8

is abuse or any other harm that one of the remedies listed
9

in paragraphs (1) through (16) of this subsection is
10

designed to prevent, no further evidence is necessary to
11

establish that the harm is an irreparable injury.
12

(18) Telephone services.
13

(A) Unless a condition described in subparagraph
14

(B) of this paragraph exists, the court may, upon
15

request by the petitioner, order a wireless telephone
16

service provider to transfer to the petitioner the
17

right to continue to use a telephone number or numbers
18

indicated by the petitioner and the financial
19

responsibility associated with the number or numbers,
20

as set forth in subparagraph (C) of this paragraph. In
21

this paragraph (18), the term "wireless telephone
22

service provider" means a provider of commercial
23

mobile service as defined in 47 U.S.C. 332. The
24

petitioner may request the transfer of each telephone
25

number that the petitioner, or a minor child in his or
26

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

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the order on the wireless telephone service provider's
2

agent for service of process provided to the Illinois
3

Commerce Commission. The order shall contain all of
4

the following:
5

(i) The name and billing telephone number of
6

the account holder including the name of the
7

wireless telephone service provider that serves
8

the account.
9

(ii) Each telephone number that will be
10

transferred.
11

(iii) A statement that the provider transfers
12

to the petitioner all financial responsibility for
13

and right to the use of any telephone number
14

transferred under this paragraph.
15

(B) A wireless telephone service provider shall
16

terminate the respondent's use of, and shall transfer
17

to the petitioner use of, the telephone number or
18

numbers indicated in subparagraph (A) of this
19

paragraph unless it notifies the petitioner, within 72
20

hours after it receives the order, that one of the
21

following applies:
22

(i) The account holder named in the order has
23

terminated the account.
24

(ii) A difference in network technology would
25

prevent or impair the functionality of a device on
26

a network if the transfer occurs.

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(iii) The transfer would cause a geographic or
2

other limitation on network or service provision
3

to the petitioner.
4

(iv) Another technological or operational
5

issue would prevent or impair the use of the
6

telephone number if the transfer occurs.
7

(C) The petitioner assumes all financial
8

responsibility for and right to the use of any
9

telephone number transferred under this paragraph. In
10

this paragraph, "financial responsibility" includes
11

monthly service costs and costs associated with any
12

mobile device associated with the number.
13

(D) A wireless telephone service provider may
14

apply to the petitioner its routine and customary
15

requirements for establishing an account or
16

transferring a number, including requiring the
17

petitioner to provide proof of identification,
18

financial information, and customer preferences.
19

(E) Except for willful or wanton misconduct, a
20

wireless telephone service provider is immune from
21

civil liability for its actions taken in compliance
22

with a court order issued under this paragraph.
23

(F) All wireless service providers that provide
24

services to residential customers shall provide to the
25

Illinois Commerce Commission the name and address of
26

an agent for service of orders entered under this

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paragraph (18). Any change in status of the registered
2

agent must be reported to the Illinois Commerce
3

Commission within 30 days of such change.
4

(G) The Illinois Commerce Commission shall
5

maintain the list of registered agents for service for
6

each wireless telephone service provider on the
7

Commission's website. The Commission may consult with
8

wireless telephone service providers and the Circuit
9

Court Clerks on the manner in which this information
10

is provided and displayed.
11

(19) Removal of harassing materials, tracking or
12

monitoring. Order the respondent to remove or delete and
13

take reasonable steps to remove or delete the harassing
14

statements or materials or delete the tracking and
15

monitoring information collected by the respondent and
16

produce sufficient evidence that such compliance has
17

occurred.

18

(c) Relevant factors; findings.
19

(1) In determining whether to grant a specific remedy,
20

other than payment of support, the court shall consider
21

relevant factors, including, but not limited to, the
22

following:
23

(i) the nature, frequency, severity, pattern, and
24

consequences of the respondent's past abuse of the
25

petitioner or any family or household member,
26

including the concealment of his or her location in

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order to evade service of process or notice, and the
2

likelihood of danger of future abuse to petitioner or
3

any member of petitioner's or respondent's family or
4

household; and
5

(ii) the danger that any minor child will be
6

abused or neglected or improperly relocated from the
7

jurisdiction, improperly concealed within the State,
8

or improperly separated from the child's primary
9

caretaker.
10

(2) In comparing relative hardships resulting to the
11

parties from loss of possession of the family home, the
12

court shall consider relevant factors, including, but not
13

limited to, the following:
14

(i) availability, accessibility, cost, safety,
15

adequacy, location, and other characteristics of
16

alternate housing for each party and any minor child
17

or dependent adult in the party's care;
18

(ii) the effect on the party's employment; and
19

(iii) the effect on the relationship of the party,
20

and any minor child or dependent adult in the party's
21

care, to family, school, church, and community.
22

(3) Subject to the exceptions set forth in paragraph
23

(4) of this subsection (c), the court shall make its
24

findings in an official record or in writing, and shall at
25

a minimum set forth the following:
26

(i) That the court has considered the applicable

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1

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

of this subsection (c).
3

(ii) Whether the conduct or actions of respondent,
4

unless prohibited, will likely cause irreparable harm
5

or continued abuse.
6

(iii) Whether it is necessary to grant the
7

requested relief in order to protect petitioner or
8

other alleged abused persons.
9

(4) (Blank).
10

(5) Never married parties. No rights or
11

responsibilities for a minor child born outside of
12

marriage attach to a putative father until a father and
13

child relationship has been established under the Illinois
14

Parentage Act of 1984, the Illinois Parentage Act of 2015,
15

the Illinois Public Aid Code, Section 12 of the Vital
16

Records Act, the Juvenile Court Act of 1987, the Probate
17

Act of 1975, the Uniform Interstate Family Support Act,
18

the Expedited Child Support Act of 1990, any judicial,
19

administrative, or other act of another state or
20

territory, any other statute of this State, or by any
21

foreign nation establishing the father and child
22

relationship, any other proceeding substantially in
23

conformity with the federal Personal Responsibility and
24

Work Opportunity Reconciliation Act of 1996, or when both
25

parties appeared in open court or at an administrative
26

hearing acknowledging under oath or admitting by

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affirmation the existence of a father and child
2

relationship. Absent such an adjudication, no putative
3

father shall be granted temporary allocation of parental
4

responsibilities, including parenting time with the minor
5

child, or physical care and possession of the minor child,
6

nor shall an order of payment for support of the minor
7

child be entered.
8

(d) Balance of hardships; findings. If the court finds
9
that the balance of hardships does not support the granting of
10
a remedy governed by paragraph (2), (3), (10), (11), or (16) of
11
subsection (b) of this Section, which may require such
12
balancing, the court's findings shall so indicate and shall
13
include a finding as to whether granting the remedy will
14
result in hardship to respondent that would substantially
15
outweigh the hardship to petitioner from denial of the remedy.
16
The findings shall be an official record or in writing.
17

(e) Denial of remedies. Denial of any remedy shall not be
18
based, in whole or in part, on evidence that:
19

(1) respondent has cause for any use of force, unless
20

that cause satisfies the standards for justifiable use of
21

force provided by Article 7 of the Criminal Code of 2012;
22

(2) respondent was voluntarily intoxicated;
23

(3) petitioner acted in self-defense or defense of
24

another, provided that, if petitioner utilized force, such
25

force was justifiable under Article 7 of the Criminal Code
26

of 2012;

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(4) petitioner did not act in self-defense or defense
2

of another;
3

(5) petitioner left the residence or household to
4

avoid further abuse by respondent;
5

(6) petitioner did not leave the residence or
6

household to avoid further abuse by respondent; or
7

(7) conduct by any family or household member excused
8

the abuse by respondent, unless that same conduct would
9

have excused such abuse if the parties had not been family
10

or household members.
11
(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
12
102-813, eff. 5-13-22; 103-1065, eff. 5-11-25
.)

13

Section 10.
The Illinois Domestic Violence Act of 1986 is
14
amended by changing Sections 103, 201, 212, 214, and 220 as
15
follows:

16

(750 ILCS 60/103)

(from Ch. 40, par. 2311-3)
17

Sec. 103.
Definitions.
For the purposes of this Act, the
18
following terms shall have the following meanings:
19

(1) "Abuse" means physical abuse, harassment, intimidation
20
of a dependent, interference with personal liberty or willful
21
deprivation but does not include reasonable direction of a
22
minor child by a parent or person in loco parentis.
23

(2) "Adult with disabilities" means an elder adult with
24
disabilities or a high-risk adult with disabilities. A person

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may be an adult with disabilities for purposes of this Act even
2
though he or she has never been adjudicated an incompetent
3
adult. However, no court proceeding may be initiated or
4
continued on behalf of an adult with disabilities over that
5
adult's objection, unless such proceeding is approved by his
6
or her legal guardian, if any.
7

(3) "Domestic violence" means abuse as defined in
8
paragraph (1).
9

(4) "Elder adult with disabilities" means an adult
10
prevented by advanced age from taking appropriate action to
11
protect himself or herself from abuse by a family or household
12
member.
13

(4.5) "Electronic" means relating to technology having
14
electrical, digital, magnetic, wireless, networked, optical,
15
electromagnetic, global positioning system, or similar
16
capabilities.

17

(5) "Exploitation" means the illegal, including tortious,
18
use of a high-risk adult with disabilities or of the assets or
19
resources of a high-risk adult with disabilities. Exploitation
20
includes, but is not limited to, the misappropriation of
21
assets or resources of a high-risk adult with disabilities by
22
undue influence, by breach of a fiduciary relationship, by
23
fraud, deception, or extortion, or the use of such assets or
24
resources in a manner contrary to law.
25

(6) "Family or household members" include spouses, former
26
spouses, parents, children, stepchildren and other persons

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

(7) "Harassment" means knowing conduct which is not
19
necessary to accomplish a purpose that is reasonable under the
20
circumstances; would cause a reasonable person emotional
21
distress; and does cause emotional distress to the petitioner.
22
Unless the presumption is rebutted by a preponderance of the
23
evidence, the following types of conduct shall be presumed to
24
cause emotional distress:

25

(i) creating a disturbance at petitioner's place of
26

employment or school;

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1

(ii)
repeatedly telephoning or electronically
2

contacting the petitioner's place of employment, home,
3

mobile phone, or residence or otherwise repeatedly
4

contacting the petitioner, including through a third
5

party, by any means

repeatedly telephoning petitioner's
6

place of employment, home or residence
;

7

(iii) repeatedly following
the
petitioner about in a
8

public place
or places
;

9

(iv) repeatedly keeping
the
petitioner under
10

surveillance by remaining present outside his or her home,
11

school, place of employment, vehicle
,
or other place
12

occupied by
the
petitioner or by peering in
the

13

petitioner's windows;
14

(iv-5) using electronic means to repeatedly track,
15

monitor, surveil, record, or otherwise acquire information
16

about the petitioner's location, movement, or travel
17

patterns, including through third parties;

18

(v) improperly concealing a minor child from
the

19

petitioner, repeatedly threatening to improperly remove a
20

minor child of
the
petitioner's from the jurisdiction or
21

from the physical care of
the
petitioner, repeatedly
22

threatening to conceal a minor child from
the
petitioner,
23

or making a single such threat following an actual or
24

attempted improper removal or concealment, unless
the

25

respondent was fleeing an incident or pattern of domestic
26

violence;
or

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1

(vi) threatening physical force, confinement or
2

restraint on one or more occasions
;

.
3

(vii) non-consensual dissemination or threatening the
4

non-consensual dissemination of electronically generated
5

or altered content using the image, voice, or other
6

characteristic of the petitioner to falsely and
7

deceptively impersonate the petitioner or the petitioner's
8

representative;
9

(viii) non-consensual dissemination or threatening the
10

non-consensual dissemination of private sexual images or
11

electronically altered sexual images of the petitioner; or
12

(ix) publishing the personally identifiable
13

information of the petitioner.

14

(8) "High-risk adult with disabilities" means a person
15
aged 18 or over whose physical or mental disability impairs
16
his or her ability to seek or obtain protection from abuse,
17
neglect, or exploitation.
18

(9) "Interference with personal liberty" means committing
19
or threatening physical abuse, harassment, intimidation or
20
willful deprivation so as to compel another to engage in
21
conduct from which she or he has a right to abstain or to
22
refrain from conduct in which she or he has a right to engage.
23

(10) "Intimidation of a dependent" means subjecting a
24
person who is dependent because of age, health or disability
25
to participation in or the witnessing of: physical force
26
against another or physical confinement or restraint of

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1
another which constitutes physical abuse as defined in this
2
Act, regardless of whether the abused person is a family or
3
household member.
4

(11) (A) "Neglect" means the failure to exercise that
5
degree of care toward a high-risk adult with disabilities
6
which a reasonable person would exercise under the
7
circumstances and includes but is not limited to:

8

(i) the failure to take reasonable steps to protect a
9

high-risk adult with disabilities from acts of abuse;

10

(ii) the repeated, careless imposition of unreasonable
11

confinement;

12

(iii) the failure to provide food, shelter, clothing,
13

and personal hygiene to a high-risk adult with
14

disabilities who requires such assistance;

15

(iv) the failure to provide medical and rehabilitative
16

care for the physical and mental health needs of a
17

high-risk adult with disabilities; or

18

(v) the failure to protect a high-risk adult with
19

disabilities from health and safety hazards.
20

(B) Nothing in this subsection (10) shall be construed to
21
impose a requirement that assistance be provided to a
22
high-risk adult with disabilities over his or her objection in
23
the absence of a court order, nor to create any new affirmative
24
duty to provide support to a high-risk adult with
25
disabilities.
26

(12) "Order of protection" means an emergency order,

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1
interim order or plenary order, granted pursuant to this Act,
2
which includes any or all of the remedies authorized by
3
Section 214 of this Act.
4

(13) "Petitioner" may mean not only any named petitioner
5
for the order of protection and any named victim of abuse on
6
whose behalf the petition is brought, but also any other
7
person protected by this Act.
8

(14) "Physical abuse" includes sexual abuse and means any
9
of the following:

10

(i) knowing or reckless use of physical force,
11

confinement or restraint;

12

(ii) knowing, repeated and unnecessary sleep
13

deprivation; or

14

(iii) knowing or reckless conduct which creates an
15

immediate risk of physical harm.
16

(14.5) "Stay away" means for the respondent to refrain
17
from both physical presence and nonphysical contact with the
18
petitioner whether direct, indirect (including, but not
19
limited to, telephone calls, mail, email, faxes, and written
20
notes), or through third parties who may or may not know about
21
the order of protection.
22

(15) "Willful deprivation" means wilfully denying a person
23
who because of age, health or disability requires medication,
24
medical care, shelter, accessible shelter or services, food,
25
therapeutic device, or other physical assistance, and thereby
26
exposing that person to the risk of physical, mental or

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1
emotional harm, except with regard to medical care or
2
treatment when the dependent person has expressed an intent to
3
forgo such medical care or treatment. This paragraph does not
4
create any new affirmative duty to provide support to
5
dependent persons.
6
(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)

7

(750 ILCS 60/201)

(from Ch. 40, par. 2312-1)
8

Sec. 201.
Persons protected by this Act.
9

(a) The following persons are protected by this Act:
10

(i) any person abused by a family or household member;
11

(ii) any high-risk adult with disabilities who is
12

abused, neglected, or exploited by a family or household
13

member;
14

(iii) any minor child or dependent adult in the care
15

of such person;
16

(iv) any person residing or employed at a private home
17

or public shelter which is housing an abused family or
18

household member; and
19

(v) any of the following persons if the person is
20

abused by a family or household member of a child:
21

(A) a foster parent of that child if the child has
22

been placed in the foster parent's home by the
23

Department of Children and Family Services or by
24

another state's public child welfare agency;
25

(B) a legally appointed guardian or legally

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1

appointed custodian of that child;
2

(C) an adoptive parent of that child; or
3

(D) a prospective adoptive parent of that child if
4

the child has been placed in the prospective adoptive
5

parent's home pursuant to the Adoption Act or pursuant
6

to another state's law.
7

For purposes of this paragraph (a)(v), individuals who
8

would have been considered "family or household members"
9

of the child under subsection (6) of Section 103 of this
10

Act before a termination of the parental rights with
11

respect to the child continue to meet the definition of
12

"family or household members" of the child.
13

(b) A petition for an order of protection may be filed
14
only:
15

(i) by a person who has been abused by a family or
16

household member or by any person on behalf of a minor
17

child or an adult who has been abused by a family or
18

household member and who, because of age, health,
19

disability, or inaccessibility, cannot file the petition;
20

(ii) by any person on behalf of a high-risk adult with
21

disabilities who has been abused, neglected, or exploited
22

by a family or household member;
23

(iii) by any of the following persons if the person is
24

abused by a family or household member of a child:
25

(A) a foster parent of that child if the child has
26

been placed in the foster parent's home by the

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1

Department of Children and Family Services or by
2

another state's public child welfare agency;
3

(B) a legally appointed guardian or legally
4

appointed custodian of that child;
5

(C) an adoptive parent of that child;
6

(D) a prospective adoptive parent of that child if
7

the child has been placed in the prospective adoptive
8

parent's home pursuant to the Adoption Act or pursuant
9

to another state's law.
10

For purposes of this paragraph (b)(iii), individuals
11

who would have been considered "family or household
12

members" of the child under subsection (6) of Section 103
13

of this Act before a termination of the parental rights
14

with respect to the child continue to meet the definition
15

of "family or household members" of the child;
16

(iv) by a crime victim who was abused by
a family or
17

household member

an offender
prior to the incarceration of
18

the offender in a penal institution and such offender is
19

incarcerated in a penal institution at the time of the
20

filing of the petition; or
21

(v) by any person who has previously suffered abuse by
22

a
family or household member

person
convicted of (1)
23

domestic battery, aggravated domestic battery, aggravated
24

battery, or any other offense that would constitute
25

domestic violence or (2) a violent crime, as defined in
26

Section 3 of the Rights of Crime Victims and Witnesses

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1

Act, committed against another person.
2

A petition for an order of protection may not be denied
3
solely upon the basis that the respondent or petitioner is
4
incarcerated in a penal institution at the time of the filing
5
of the petition.
6

(c) Any petition properly filed under this Act may seek
7
protection for any additional persons protected by this Act.
8
(Source: P.A. 104-11, eff. 6-20-25.)

9

(750 ILCS 60/212)

(from Ch. 40, par. 2312-12)
10

Sec. 212.
Hearings.
11

(a) A petition for an order of protection shall be treated
12
as an expedited proceeding, and no court shall transfer or
13
otherwise decline to decide all or part of such petition
14
except as otherwise provided herein. Nothing in this Section
15
shall prevent the court from reserving issues when
16
jurisdiction or notice requirements are not met.
17

(b) Any court or a division thereof which ordinarily does
18
not decide matters of child custody and family support may
19
decline to decide contested issues of physical care, custody,
20
visitation, or family support unless a decision on one or more
21
of those contested issues is necessary to avoid the risk of
22
abuse, neglect, removal from the State or concealment within
23
the State of the child or of separation of the child from the
24
primary caretaker. If the court or division thereof has
25
declined to decide any or all of these issues, then it shall

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transfer all undecided issues to the appropriate court or
2
division. In the event of such a transfer, a government
3
attorney involved in the criminal prosecution may, but need
4
not, continue to offer counsel to the petitioner on
5
transferred matters.
6

(c) If the court transfers or otherwise declines to decide
7
any issue, judgment on that issue shall be expressly reserved
8
and ruling on other issues shall not be delayed or declined.
9

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

10
shall offer the option of a remote hearing to a petitioner for
11
an order of protection. The court
shall grant a request for a
12
remote hearing unless good cause is shown for denial

has the
13
discretion to grant or deny the request for a remote hearing
.
14
Each court shall determine the procedure for a remote hearing
15
in accordance with Illinois Supreme Court Rule 45
. The
16
petitioner
, applicable witness or witnesses
and respondent may
17
appear remotely or in person.
18

The court shall issue and publish a court order, standing
19
order, or local rule detailing information about the process
20
for requesting and participating in a remote court appearance.
21
The court order, standing order, or local rule shall be
22
published on the court's website and posted on signs
23
throughout the courthouse, including in the clerk's office.
24
The sign shall be written in plain language and include
25
information about the availability of remote court appearances
26
and the process for requesting a remote hearing.

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

2

(750 ILCS 60/214)

(from Ch. 40, par. 2312-14)
3

Sec. 214.
Order of protection; remedies.
4

(a) Issuance of order. If the court finds that petitioner
5
has been abused by a family or household member or that
6
petitioner is a high-risk adult who has been abused,
7
neglected, or exploited, as defined in this Act, an order of
8
protection prohibiting the abuse, neglect, or exploitation
9
shall issue; provided that petitioner must also satisfy the
10
requirements of one of the following Sections, as appropriate:
11
Section 217 on emergency orders, Section 218 on interim
12
orders, or Section 219 on plenary orders. Petitioner shall not
13
be denied an order of protection because petitioner or
14
respondent is a minor. The court, when determining whether or
15
not to issue an order of protection, shall not require
16
physical manifestations of abuse on the person of the victim.
17
Modification and extension of prior orders of protection shall
18
be in accordance with this Act.
19

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

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1

(1) Prohibition of abuse, neglect, or exploitation.
2

Prohibit respondent's harassment, interference with
3

personal liberty, intimidation of a dependent, physical
4

abuse, or willful deprivation, neglect or exploitation, as
5

defined in this Act, or stalking of the petitioner, as
6

defined in Section 12-7.3 of the Criminal Code of 2012, if
7

such abuse, neglect, exploitation, or stalking has
8

occurred or otherwise appears likely to occur if not
9

prohibited.
10

(2) Grant of exclusive possession of residence.
11

Prohibit respondent from entering or remaining in any
12

residence, household, or premises of the petitioner,
13

including one owned or leased by respondent, if petitioner
14

has a right to occupancy thereof. The grant of exclusive
15

possession of the residence, household, or premises shall
16

not affect title to real property, nor shall the court be
17

limited by the standard set forth in subsection (c-2) of
18

Section 501 of the Illinois Marriage and Dissolution of
19

Marriage Act.
20

(A) Right to occupancy. A party has a right to
21

occupancy of a residence or household if it is solely
22

or jointly owned or leased by that party, that party's
23

spouse, a person with a legal duty to support that
24

party or a minor child in that party's care, or by any
25

person or entity other than the opposing party that
26

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

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1

violence shelter). Standards set forth in subparagraph
2

(B) shall not preclude equitable relief.
3

(B) Presumption of hardships. If petitioner and
4

respondent each has the right to occupancy of a
5

residence or household, the court shall balance (i)
6

the hardships to respondent and any minor child or
7

dependent adult in respondent's care resulting from
8

entry of this remedy with (ii) the hardships to
9

petitioner and any minor child or dependent adult in
10

petitioner's care resulting from continued exposure to
11

the risk of abuse (should petitioner remain at the
12

residence or household) or from loss of possession of
13

the residence or household (should petitioner leave to
14

avoid the risk of abuse). When determining the balance
15

of hardships, the court shall also take into account
16

the accessibility of the residence or household.
17

Hardships need not be balanced if respondent does not
18

have a right to occupancy.
19

The balance of hardships is presumed to favor
20

possession by petitioner unless the presumption is
21

rebutted by a preponderance of the evidence, showing
22

that the hardships to respondent substantially
23

outweigh the hardships to petitioner and any minor
24

child or dependent adult in petitioner's care. The
25

court, on the request of petitioner or on its own
26

motion, may order respondent to provide suitable,

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1

accessible, alternate housing for petitioner instead
2

of excluding respondent from a mutual residence or
3

household.
4

(3) Stay away order and additional prohibitions. Order
5

respondent to stay away from petitioner or any other
6

person protected by the order of protection, or prohibit
7

respondent from entering or remaining present at
8

petitioner's school, place of employment, or other
9

specified places at times when petitioner is present, or
10

both, if reasonable, given the balance of hardships.
11

Hardships need not be balanced for the court to enter a
12

stay away order or prohibit entry if respondent has no
13

right to enter the premises.
14

(A) If an order of protection grants petitioner
15

exclusive possession of the residence, or prohibits
16

respondent from entering the residence, or orders
17

respondent to stay away from petitioner or other
18

protected persons, then the court may allow respondent
19

access to the residence to remove items of clothing
20

and personal adornment used exclusively by respondent,
21

medications, and other items as the court directs. The
22

right to access shall be exercised on only one
23

occasion as the court directs and in the presence of an
24

agreed-upon adult third party or law enforcement
25

officer.
26

(B) When the petitioner and the respondent attend

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1

the same public, private, or non-public elementary,
2

middle, or high school, the court when issuing an
3

order of protection and providing relief shall
4

consider the severity of the act, any continuing
5

physical danger or emotional distress to the
6

petitioner, the educational rights guaranteed to the
7

petitioner and respondent under federal and State law,
8

the availability of a transfer of the respondent to
9

another school, a change of placement or a change of
10

program of the respondent, the expense, difficulty,
11

and educational disruption that would be caused by a
12

transfer of the respondent to another school, and any
13

other relevant facts of the case. The court may order
14

that the respondent not attend the public, private, or
15

non-public elementary, middle, or high school attended
16

by the petitioner, order that the respondent accept a
17

change of placement or change of program, as
18

determined by the school district or private or
19

non-public school, or place restrictions on the
20

respondent's movements within the school attended by
21

the petitioner. The respondent bears the burden of
22

proving by a preponderance of the evidence that a
23

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

the respondent is not available. The respondent also
25

bears the burden of production with respect to the
26

expense, difficulty, and educational disruption that

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1

would be caused by a transfer of the respondent to
2

another school. A transfer, change of placement, or
3

change of program is not unavailable to the respondent
4

solely on the ground that the respondent does not
5

agree with the school district's or private or
6

non-public school's transfer, change of placement, or
7

change of program or solely on the ground that the
8

respondent fails or refuses to consent or otherwise
9

does not take an action required to effectuate a
10

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

When a court orders a respondent to stay away from the
12

public, private, or non-public school attended by the
13

petitioner and the respondent requests a transfer to
14

another attendance center within the respondent's
15

school district or private or non-public school, the
16

school district or private or non-public school shall
17

have sole discretion to determine the attendance
18

center to which the respondent is transferred. In the
19

event the court order results in a transfer of the
20

minor respondent to another attendance center, a
21

change in the respondent's placement, or a change of
22

the respondent's program, the parents, guardian, or
23

legal custodian of the respondent is responsible for
24

transportation and other costs associated with the
25

transfer or change.
26

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

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1

legal custodian of a minor respondent to take certain
2

actions or to refrain from taking certain actions to
3

ensure that the respondent complies with the order. In
4

the event the court orders a transfer of the
5

respondent to another school, the parents, guardian,
6

or legal custodian of the respondent is responsible
7

for transportation and other costs associated with the
8

change of school by the respondent.
9

(4) Counseling. Require or recommend the respondent to
10

undergo counseling for a specified duration with a social
11

worker, psychologist, clinical psychologist,
12

psychiatrist, family service agency, alcohol or substance
13

abuse program, mental health center guidance counselor,
14

agency providing services to elders, program designed for
15

domestic violence abusers or any other guidance service
16

the court deems appropriate. The Court may order the
17

respondent in any intimate partner relationship to report
18

to an Illinois Department of Human Services protocol
19

approved partner abuse intervention program for an
20

assessment and to follow all recommended treatment.
21

(5) Physical care and possession of the minor child.
22

In order to protect the minor child from abuse, neglect,
23

or unwarranted separation from the person who has been the
24

minor child's primary caretaker, or to otherwise protect
25

the well-being of the minor child, the court may do either
26

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

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1

care or possession of the minor child, or both, or (ii)
2

order respondent to return a minor child to, or not remove
3

a minor child from, the physical care of a parent or person
4

in loco parentis.
5

If a court finds, after a hearing, that respondent has
6

committed abuse (as defined in Section 103) of a minor
7

child, there shall be a rebuttable presumption that
8

awarding physical care to respondent would not be in the
9

minor child's best interest.
10

(6) Temporary allocation of parental responsibilities:
11

significant decision-making. Award temporary
12

decision-making responsibility to petitioner in accordance
13

with this Section, the Illinois Marriage and Dissolution
14

of Marriage Act, the Illinois Parentage Act of 2015, and
15

this State's Uniform Child-Custody Jurisdiction and
16

Enforcement Act.
17

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

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

child, there shall be a rebuttable presumption that
20

awarding temporary significant decision-making
21

responsibility to respondent would not be in the child's
22

best interest.
23

(7) Parenting time. Determine the parenting time, if
24

any, of respondent in any case in which the court awards
25

physical care or allocates temporary significant
26

decision-making responsibility of a minor child to

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1

petitioner. The court shall restrict or deny respondent's
2

parenting time with a minor child if the court finds that
3

respondent has done or is likely to do any of the
4

following: (i) abuse or endanger the minor child during
5

parenting time; (ii) use the parenting time as an
6

opportunity to abuse or harass petitioner or petitioner's
7

family or household members; (iii) improperly conceal or
8

detain the minor child; or (iv) otherwise act in a manner
9

that is not in the best interests of the minor child. The
10

court shall not be limited by the standards set forth in
11

Section 603.10 of the Illinois Marriage and Dissolution of
12

Marriage Act. If the court grants parenting time, the
13

order shall specify dates and times for the parenting time
14

to take place or other specific parameters or conditions
15

that are appropriate. No order for parenting time shall
16

refer merely to the term "reasonable parenting time".
17

Petitioner may deny respondent access to the minor
18

child if, when respondent arrives for parenting time,
19

respondent is under the influence of drugs or alcohol and
20

constitutes a threat to the safety and well-being of
21

petitioner or petitioner's minor children or is behaving
22

in a violent or abusive manner.
23

If necessary to protect any member of petitioner's
24

family or household from future abuse, respondent shall be
25

prohibited from coming to petitioner's residence to meet
26

the minor child for parenting time, and the parties shall

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1

submit to the court their recommendations for reasonable
2

alternative arrangements for parenting time. A person may
3

be approved to supervise parenting time only after filing
4

an affidavit accepting that responsibility and
5

acknowledging accountability to the court.
6

(8) Removal or concealment of minor child. Prohibit
7

respondent from removing a minor child from the State or
8

concealing the child within the State.
9

(9) Order to appear. Order the respondent to appear in
10

court, alone or with a minor child, to prevent abuse,
11

neglect, removal or concealment of the child, to return
12

the child to the custody or care of the petitioner or to
13

permit any court-ordered interview or examination of the
14

child or the respondent.
15

(10) Possession of personal property. Grant petitioner
16

exclusive possession of personal property and, if
17

respondent has possession or control, direct respondent to
18

promptly make it available to petitioner, if:
19

(i) petitioner, but not respondent, owns the
20

property; or
21

(ii) the parties own the property jointly; sharing
22

it would risk abuse of petitioner by respondent or is
23

impracticable; and the balance of hardships favors
24

temporary possession by petitioner.
25

If petitioner's sole claim to ownership of the
26

property is that it is marital property, the court may

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1

award petitioner temporary possession thereof under the
2

standards of subparagraph (ii) of this paragraph only if a
3

proper proceeding has been filed under the Illinois
4

Marriage and Dissolution of Marriage Act, as now or
5

hereafter amended.
6

No order under this provision shall affect title to
7

property.
8

(11) Protection of property. Forbid the respondent
9

from taking, transferring, encumbering, concealing,
10

damaging or otherwise disposing of any real or personal
11

property, except as explicitly authorized by the court,
12

if:
13

(i) petitioner, but not respondent, owns the
14

property; or
15

(ii) the parties own the property jointly, and the
16

balance of hardships favors granting this remedy.
17

If petitioner's sole claim to ownership of the
18

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

grant petitioner relief under subparagraph (ii) of this
20

paragraph only if a proper proceeding has been filed under
21

the Illinois Marriage and Dissolution of Marriage Act, as
22

now or hereafter amended.
23

The court may further prohibit respondent from
24

improperly using the financial or other resources of an
25

aged member of the family or household for the profit or
26

advantage of respondent or of any other person.

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1

(11.5) Protection of animals. Grant the petitioner the
2

exclusive care, custody, or control of any animal owned,
3

possessed, leased, kept, or held by either the petitioner
4

or the respondent or a minor child residing in the
5

residence or household of either the petitioner or the
6

respondent and order the respondent to stay away from the
7

animal and forbid the respondent from taking,
8

transferring, encumbering, concealing, harming, or
9

otherwise disposing of the animal.
10

(12) Order for payment of support. Order respondent to
11

pay temporary support for the petitioner or any child in
12

the petitioner's care or over whom the petitioner has been
13

allocated parental responsibility, when the respondent has
14

a legal obligation to support that person, in accordance
15

with the Illinois Marriage and Dissolution of Marriage
16

Act, which shall govern, among other matters, the amount
17

of support, payment through the clerk and withholding of
18

income to secure payment. An order for child support may
19

be granted to a petitioner with lawful physical care of a
20

child, or an order or agreement for physical care of a
21

child, prior to entry of an order allocating significant
22

decision-making responsibility. Such a support order shall
23

expire upon entry of a valid order allocating parental
24

responsibility differently and vacating the petitioner's
25

significant decision-making authority, unless otherwise
26

provided in the order.

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1

(13) Order for payment of losses. Order respondent to
2

pay petitioner for losses suffered as a direct result of
3

the abuse, neglect, or exploitation. Such losses shall
4

include, but not be limited to, medical expenses, lost
5

earnings or other support, repair or replacement of
6

property damaged or taken, reasonable attorney's fees,
7

court costs and moving or other travel expenses, including
8

additional reasonable expenses for temporary shelter and
9

restaurant meals.
10

(i) Losses affecting family needs. If a party is
11

entitled to seek maintenance, child support or
12

property distribution from the other party under the
13

Illinois Marriage and Dissolution of Marriage Act, as
14

now or hereafter amended, the court may order
15

respondent to reimburse petitioner's actual losses, to
16

the extent that such reimbursement would be
17

"appropriate temporary relief", as authorized by
18

subsection (a)(3) of Section 501 of that Act.
19

(ii) Recovery of expenses. In the case of an
20

improper concealment or removal of a minor child, the
21

court may order respondent to pay the reasonable
22

expenses incurred or to be incurred in the search for
23

and recovery of the minor child, including but not
24

limited to legal fees, court costs, private
25

investigator fees, and travel costs.
26

(14) Prohibition of entry. Prohibit the respondent

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1

from entering or remaining in the residence or household
2

while the respondent is under the influence of alcohol or
3

drugs and constitutes a threat to the safety and
4

well-being of the petitioner or the petitioner's children.
5

(14.5) Prohibition of possession of firearms and
6

firearm parts; search and seizure of firearms and firearms
7

parts.
8

(A)(i) Prohibit a respondent against whom an
9

emergency, interim, or plenary order of protection was
10

issued from possessing, during the duration of the
11

order, any firearms or firearm parts that could be
12

assembled into an operable firearm if a search warrant
13

is issued under (A-1) or the order:
14

(aa) was issued after a hearing of which such
15

person received actual notice, and at which such
16

person had an opportunity to participate, or the
17

petitioner has satisfied the requirements of
18

Section 217;
19

(bb) restrains such person from using physical
20

force; harassing, stalking, or threatening an
21

intimate partner of such person or child of such
22

intimate partner or person; or engaging in other
23

conduct that would place an intimate partner in
24

reasonable fear of bodily injury to the partner or
25

child; and
26

(cc) includes a finding that such person

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1

represents a credible threat to the physical
2

safety of such intimate partner or child.
3

(ii) The court shall order any respondent
4

prohibited from possessing firearms under item (i) of
5

subparagraph (A) to surrender any firearms or firearm
6

parts that could be assembled to make an operable
7

firearm. Any firearms or firearm parts on the
8

respondent's person or at the place of service shall
9

be surrendered to the serving officers at the time of
10

service of the order of protection, and any other
11

firearms or firearm parts shall be surrendered to
12

local law enforcement within 24 hours of service of
13

the order of protection. Any Firearm Owner's
14

Identification Card or Concealed Carry License in the
15

possession of the respondent, except as provided in
16

subparagraph (B), shall also be ordered by the court
17

to be turned over to the officer serving the order of
18

protection at the time of service or, if not on the
19

respondent's person or at the location where the
20

respondent is served at the time of service, to local
21

law enforcement within 24 hours of service of the
22

order of protection. The law enforcement agency shall
23

immediately mail the card, as well as any license, to
24

the Illinois State Police Firearm Owner's
25

Identification Card Office for safekeeping.
26

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

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1

or plenary order of protection and subject to the
2

provisions of item (ii) of this subparagraph (A-1),
3

the court shall issue a search warrant for the seizure
4

of any firearms or firearm parts that could be
5

assembled to make an operable firearm belonging to the
6

respondent if the court, based upon sworn testimony,
7

finds that:
8

(aa) the respondent poses a credible threat to
9

the physical safety of the petitioner protected by
10

the order of protection; and
11

(bb) probable cause exists to believe that:
12

(I) the respondent possesses firearms or
13

firearm parts that could be assembled to make
14

an operable firearm;
15

(II) the firearms or firearm parts that
16

could be assembled to make an operable firearm
17

are located at the residence, vehicle, or
18

other property of the respondent to be
19

searched; and
20

(III) the credible threat to the physical
21

safety of the petitioner protected by the
22

order of protection is immediate and present.
23

The record shall reflect the court's findings in
24

determining whether the search warrant shall be
25

issued.
26

(ii) If the petitioner does not seek a warrant

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1

under this subparagraph (A-1) or the court determines
2

that the requirements of this subparagraph (A-1) have
3

not been met, relief under subparagraph (A) alone may
4

be granted.
5

(iii) An ex parte search warrant shall be granted
6

under this subparagraph (A-1) only if the court finds
7

that:
8

(aa) the elements of item (i) of subparagraph
9

(A-1) have been met;
10

(bb) personal injury to the petitioner is
11

likely to occur if the respondent received prior
12

notice; and
13

(cc) the petitioner has otherwise satisfied
14

the requirements of Section 217 of this Act.
15

(iv) Oral testimony is sufficient in lieu of an
16

affidavit to support a finding of probable cause.
17

(v) A search warrant issued under this
18

subparagraph (A-1) shall be directed by the court for
19

enforcement to the law enforcement agency with primary
20

responsibility for responding to calls for service at
21

the location to be searched or to another appropriate
22

law enforcement agency if justified by the
23

circumstances. The search warrant shall specify with
24

particularity the scope of the search, including the
25

property to be searched, and shall direct the law
26

enforcement agency to seize the respondent's firearms

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1

and firearm parts that could be assembled to make an
2

operable firearm. Law enforcement shall also be
3

directed to seize any Firearm Owner's Identification
4

Card and any Concealed Carry License belonging to the
5

respondent.
6

(vi) The petitioner shall prepare an information
7

sheet, reviewed by the court, for law enforcement at
8

the time the warrant is granted. The information sheet
9

shall include:
10

(aa) contact information for the petitioner,
11

the petitioner's attorney, or both, including a
12

telephone number and email, if available;
13

(bb) a physical description of the respondent,
14

including the respondent's date of birth, if
15

known, or approximate age, height, weight, race,
16

and hair color;
17

(cc) days and times that the respondent is
18

likely to be at the property to be searched, if
19

known; and
20

(dd) whether people other than the respondent
21

are likely to be present at the property to be
22

searched and when, if known.
23

(vii) The information sheet shall be transmitted
24

to the law enforcement agency to which the search
25

warrant is directed in the same manner as the warrant
26

is transmitted under Section 222 of this Act.

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1

(viii) If the court, after determining a search
2

warrant should issue, finds that the petitioner has
3

made a credible report of domestic violence to the
4

local law enforcement agency within the previous 90
5

days, law enforcement shall execute the warrant no
6

later than 96 hours after receipt of the warrant. If
7

the court finds that petitioner has not made such a
8

report, the law enforcement agency to which the court
9

has directed the warrant shall, within 48 hours of
10

receipt, evaluate the warrant and seek any corrections
11

to the warrant, and, if applicable, add to or negate
12

the warrant. The record shall reflect the court's
13

findings in determining whether to correct, add, or
14

negate the warrant. If a change is made regarding the
15

search warrant, law enforcement shall execute the
16

warrant no later than 96 hours after the correction is
17

issued. The law enforcement agency shall notify the
18

petitioner of any changes to the warrant or if the
19

warrant has been negated. The law enforcement agency
20

to which the court has directed the warrant may
21

coordinate with other law enforcement agencies to
22

execute the warrant. A return of the warrant shall be
23

filed by the law enforcement agency within 24 hours of
24

execution, setting forth the time, date, and location
25

where the warrant was executed and what items, if any,
26

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

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1

information shall be returned on the next date the
2

court is in session. Subject to the provisions of this
3

Section, peace officers shall have the same authority
4

to execute a warrant issued pursuant to this
5

subsection as a warrant issued under Article 108 of
6

the Code of Criminal Procedure of 1963.
7

(ix) Upon discovering a defect in the search
8

warrant, the appropriate law enforcement agency may
9

petition the court to correct the warrant. The law
10

enforcement agency shall notify the petitioner of any
11

such correction.
12

(x) Upon petition by the appropriate law
13

enforcement agency, the court may modify the search
14

warrant or extend the time to execute the search
15

warrant for a period of no more than 96 hours. In
16

determining whether to modify or extend the warrant,
17

the court shall consider:
18

(aa) any increased risk to the petitioner's
19

safety that may result from a modification or
20

extension of the warrant;
21

(bb) any unnecessary risk to law enforcement
22

that would be mitigated by a modification or
23

extension of the warrant;
24

(cc) any risks to third parties at the
25

location to be searched that would be mitigated by
26

a modification or extension of the warrant; and

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1

(dd) the likelihood of successful execution of
2

warrant.
3

The record shall reflect the court's findings in
4

determining whether to extend or modify the warrant.
5

The law enforcement agency shall notify the petitioner
6

of any modification or extension of the warrant.
7

(xi) Service of any order of protection shall, to
8

the extent possible, be concurrent with the execution
9

of any search warrant under this paragraph.
10

(B) If the respondent is a peace officer as
11

defined in Section 2-13 of the Criminal Code of 2012,
12

the court shall order that any firearms used by the
13

respondent in the performance of his or her duties as a
14

peace officer be surrendered to the chief law
15

enforcement executive of the agency in which the
16

respondent is employed, who shall retain the firearms
17

for safekeeping for the duration of the order of
18

protection.
19

(C)(i) Any firearms or firearm parts that could be
20

assembled to make an operable firearm shall be kept by
21

the law enforcement agency that took possession of the
22

items for safekeeping, except as provided in
23

subparagraph (B). The period of safekeeping shall be
24

for the duration of the order of protection. Except as
25

provided in subparagraph (E), the respondent is
26

prohibited from transferring firearms or firearm parts

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1

to another individual in lieu of surrender to law
2

enforcement. The law enforcement agency shall provide
3

an itemized statement of receipt to the respondent and
4

the court describing any seized or surrendered
5

firearms or firearm parts and informing the respondent
6

that the respondent may seek the return of the
7

respondent's items at the end of the order of
8

protection. The law enforcement agency may enter
9

arrangements, as needed, with federally licensed
10

firearm dealers or other law enforcement agencies for
11

the storage of any firearms seized or surrendered
12

under this subsection.
13

(ii) It is the respondent's responsibility to
14

request the return or reinstatement of any Firearm
15

Owner's Identification Card or Concealed Carry License
16

and notify the Illinois State Police Firearm Owner's
17

Identification Card Office at the end of the Order of
18

Protection.
19

(iii) At the end of the order of protection, a
20

respondent may request the return of any seized or
21

surrendered firearms or firearm parts that could be
22

assembled to make an operable firearm. Such firearms
23

or firearm parts shall be returned within 14 days of
24

the request to the respondent, if the respondent is
25

lawfully eligible to possess firearms, or to a
26

designated third party who is lawfully eligible to

SB3020 Enrolled
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1

possess firearms. If the firearms or firearm parts
2

cannot be returned to respondent because (1) the
3

respondent has not requested the return or transfer of
4

the firearms or firearm parts as set forth in this
5

subparagraph, and (2) the respondent cannot be located
6

or fails to respond to more than 3 requests to retrieve
7

the firearms or firearm parts the court may, or is not
8

lawfully eligible to possess a firearm, upon petition
9

from the appropriate law enforcement agency and notice
10

to the respondent at the respondent's last known
11

address, order the law enforcement agency to destroy
12

the firearms or firearm parts; use the firearms or
13

firearm parts for training purposes or for any other
14

application as deemed appropriate by the law
15

enforcement agency; or turn over the firearm or
16

firearm parts to a third party who is lawfully
17

eligible to possess firearms, and who does not reside
18

with respondent.
19

(D)(i) If a person other than the respondent
20

claims title to any firearms and firearm parts that
21

could be assembled to make an operable firearm seized
22

or surrendered under this subsection, the person may
23

petition the court to have the firearm and firearm
24

parts that could be assembled to make an operable
25

firearm returned to him or her with proper notice to
26

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

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1

petition, the court determines the person to be the
2

lawful owner of the firearm and firearm parts that
3

could be assembled to make an operable firearm, the
4

firearm and firearm parts that could be assembled to
5

make an operable firearm shall be returned to the
6

person, provided that:
7

(aa) the firearm and firearm parts that could
8

be assembled to make an operable firearm are
9

removed from the respondent's custody, control, or
10

possession and the lawful owner agrees to store
11

the firearm and firearm parts that could be
12

assembled to make an operable firearm in a manner
13

such that the respondent does not have access to
14

or control of the firearm and firearm parts that
15

could be assembled to make an operable firearm;
16

and
17

(bb) the firearm and firearm parts that could
18

be assembled to make an operable firearm are not
19

otherwise unlawfully possessed by the owner.
20

(ii) The person petitioning for the return of his
21

or her firearm and firearm parts that could be
22

assembled to make an operable firearm must swear or
23

affirm by affidavit that he or she:
24

(aa) is the lawful owner of the firearm and
25

firearm parts that could be assembled to make an
26

operable firearm;

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(bb) shall not transfer the firearm and
2

firearm parts that could be assembled to make an
3

operable firearm to the respondent; and
4

(cc) will store the firearm and firearm parts
5

that could be assembled to make an operable
6

firearm in a manner that the respondent does not
7

have access to or control of the firearm and
8

firearm parts that could be assembled to make an
9

operable firearm.
10

(E)(i) The respondent may file a motion to
11

transfer, at the next scheduled hearing, any seized or
12

surrendered firearms or firearm parts to a third
13

party. Notice of the motion shall be provided to the
14

petitioner and the third party must appear at the
15

hearing.
16

(ii) The court may order transfer of the seized or
17

surrendered firearm or firearm parts only if:
18

(aa) the third party transferee affirms by
19

affidavit to the open court that:
20

(I) the third party transferee does not
21

reside with the respondent;
22

(II) the respondent does not have access
23

to the location in which the third party
24

transferee intends to keep the firearms or
25

firearm parts;
26

(III) the third party transferee will not

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1

transfer the firearm or firearm parts to the
2

respondent or anyone who resides with the
3

respondent;
4

(IV) the third party transferee will
5

maintain control and possession of the firearm
6

or firearm parts until otherwise ordered by
7

the court; and
8

(V) the third party transferee will be
9

subject to criminal penalties for transferring
10

the firearms or firearm parts to the
11

respondent; and
12

(bb) the court finds that:
13

(I) the respondent holds a valid Firearm
14

Owner's Identification; and
15

(II) the transfer of firearms or firearm
16

parts to the third party transferee does not
17

place the petitioner or any other protected
18

parties at any additional threat or risk of
19

harm.
20

(15) Prohibition of access to records. If an order of
21

protection prohibits respondent from having contact with
22

the minor child, or if petitioner's address is omitted
23

under subsection (b) of Section 203, or if necessary to
24

prevent abuse or wrongful removal or concealment of a
25

minor child, the order shall deny respondent access to,
26

and prohibit respondent from inspecting, obtaining, or

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1

attempting to inspect or obtain, school or any other
2

records of the minor child who is in the care of
3

petitioner.
4

(16) Order for payment of shelter services. Order
5

respondent to reimburse a shelter providing temporary
6

housing and counseling services to the petitioner for the
7

cost of the services, as certified by the shelter and
8

deemed reasonable by the court.
9

(17) Order for injunctive relief. Enter injunctive
10

relief necessary or appropriate to prevent further abuse
11

of a family or household member or further abuse, neglect,
12

or exploitation of a high-risk adult with disabilities or
13

to effectuate one of the granted remedies, if supported by
14

the balance of hardships. If the harm to be prevented by
15

the injunction is abuse or any other harm that one of the
16

remedies listed in paragraphs (1) through (16) of this
17

subsection is designed to prevent, no further evidence is
18

necessary that the harm is an irreparable injury.
19

(18) Telephone services.
20

(A) Unless a condition described in subparagraph
21

(B) of this paragraph exists, the court may, upon
22

request by the petitioner, order a wireless telephone
23

service provider to transfer to the petitioner the
24

right to continue to use a telephone number or numbers
25

indicated by the petitioner and the financial
26

responsibility associated with the number or numbers,

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1

as set forth in subparagraph (C) of this paragraph.
2

For purposes of this paragraph (18), the term
3

"wireless telephone service provider" means a provider
4

of commercial mobile service as defined in 47 U.S.C.
5

332. The petitioner may request the transfer of each
6

telephone number that the petitioner, or a minor child
7

in his or her custody, uses. The clerk of the court
8

shall serve the order on the wireless telephone
9

service provider's agent for service of process
10

provided to the Illinois Commerce Commission. The
11

order shall contain all of the following:
12

(i) The name and billing telephone number of
13

the account holder including the name of the
14

wireless telephone service provider that serves
15

the account.
16

(ii) Each telephone number that will be
17

transferred.
18

(iii) A statement that the provider transfers
19

to the petitioner all financial responsibility for
20

and right to the use of any telephone number
21

transferred under this paragraph.
22

(B) A wireless telephone service provider shall
23

terminate the respondent's use of, and shall transfer
24

to the petitioner use of, the telephone number or
25

numbers indicated in subparagraph (A) of this
26

paragraph unless it notifies the petitioner, within 72

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1

hours after it receives the order, that one of the
2

following applies:
3

(i) The account holder named in the order has
4

terminated the account.
5

(ii) A difference in network technology would
6

prevent or impair the functionality of a device on
7

a network if the transfer occurs.
8

(iii) The transfer would cause a geographic or
9

other limitation on network or service provision
10

to the petitioner.
11

(iv) Another technological or operational
12

issue would prevent or impair the use of the
13

telephone number if the transfer occurs.
14

(C) The petitioner assumes all financial
15

responsibility for and right to the use of any
16

telephone number transferred under this paragraph. In
17

this paragraph, "financial responsibility" includes
18

monthly service costs and costs associated with any
19

mobile device associated with the number.
20

(D) A wireless telephone service provider may
21

apply to the petitioner its routine and customary
22

requirements for establishing an account or
23

transferring a number, including requiring the
24

petitioner to provide proof of identification,
25

financial information, and customer preferences.
26

(E) Except for willful or wanton misconduct, a

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1

wireless telephone service provider is immune from
2

civil liability for its actions taken in compliance
3

with a court order issued under this paragraph.
4

(F) All wireless service providers that provide
5

services to residential customers shall provide to the
6

Illinois Commerce Commission the name and address of
7

an agent for service of orders entered under this
8

paragraph (18). Any change in status of the registered
9

agent must be reported to the Illinois Commerce
10

Commission within 30 days of such change.
11

(G) The Illinois Commerce Commission shall
12

maintain the list of registered agents for service for
13

each wireless telephone service provider on the
14

Commission's website. The Commission may consult with
15

wireless telephone service providers and the Circuit
16

Court Clerks on the manner in which this information
17

is provided and displayed.
18

(19) Removal of harassing materials, tracking, or
19

monitoring. Order respondent to remove or delete and take
20

reasonable steps to remove or delete the harassing
21

statements or materials or delete the tracking and
22

monitoring information collected by the respondent and
23

produce sufficient evidence that such compliance has
24

occurred.

25

(c) Relevant factors; findings.
26

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

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1

other than payment of support, the court shall consider
2

relevant factors, including but not limited to the
3

following:
4

(i) the nature, frequency, severity, pattern and
5

consequences of the respondent's past abuse, neglect
6

or exploitation of the petitioner or any family or
7

household member, including the concealment of his or
8

her location in order to evade service of process or
9

notice, and the likelihood of danger of future abuse,
10

neglect, or exploitation to petitioner or any member
11

of petitioner's or respondent's family or household;
12

and
13

(ii) the danger that any minor child will be
14

abused or neglected or improperly relocated from the
15

jurisdiction, improperly concealed within the State or
16

improperly separated from the child's primary
17

caretaker.
18

(2) In comparing relative hardships resulting to the
19

parties from loss of possession of the family home, the
20

court shall consider relevant factors, including but not
21

limited to the following:
22

(i) availability, accessibility, cost, safety,
23

adequacy, location and other characteristics of
24

alternate housing for each party and any minor child
25

or dependent adult in the party's care;
26

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

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1

(iii) the effect on the relationship of the party,
2

and any minor child or dependent adult in the party's
3

care, to family, school, church and community.
4

(3) Subject to the exceptions set forth in paragraph
5

(4) of this subsection, the court shall make its findings
6

in an official record or in writing, and shall at a minimum
7

set forth the following:
8

(i) That the court has considered the applicable
9

relevant factors described in paragraphs (1) and (2)
10

of this subsection.
11

(ii) Whether the conduct or actions of respondent,
12

unless prohibited, will likely cause irreparable harm
13

or continued abuse.
14

(iii) Whether it is necessary to grant the
15

requested relief in order to protect petitioner or
16

other alleged abused persons.
17

(4) For purposes of issuing an ex parte emergency
18

order of protection, the court, as an alternative to or as
19

a supplement to making the findings described in
20

paragraphs (c)(3)(i) through (c)(3)(iii) of this
21

subsection, may use the following procedure:
22

When a verified petition for an emergency order of
23

protection in accordance with the requirements of Sections
24

203 and 217 is presented to the court, the court shall
25

examine petitioner on oath or affirmation. An emergency
26

order of protection shall be issued by the court if it

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1

appears from the contents of the petition and the
2

examination of petitioner that the averments are
3

sufficient to indicate abuse by respondent and to support
4

the granting of relief under the issuance of the emergency
5

order of protection.
6

(5) Never married parties. No rights or
7

responsibilities for a minor child born outside of
8

marriage attach to a putative father until a father and
9

child relationship has been established under the Illinois
10

Parentage Act of 1984, the Illinois Parentage Act of 2015,
11

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

Records Act, the Juvenile Court Act of 1987, the Probate
13

Act of 1975, the Revised Uniform Reciprocal Enforcement of
14

Support Act, the Uniform Interstate Family Support Act,
15

the Expedited Child Support Act of 1990, any judicial,
16

administrative, or other act of another state or
17

territory, any other Illinois statute, or by any foreign
18

nation establishing the father and child relationship, any
19

other proceeding substantially in conformity with the
20

Personal Responsibility and Work Opportunity
21

Reconciliation Act of 1996 (Pub. L. 104-193), or where
22

both parties appeared in open court or at an
23

administrative hearing acknowledging under oath or
24

admitting by affirmation the existence of a father and
25

child relationship. Absent such an adjudication, finding,
26

or acknowledgment, no putative father shall be granted

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1

temporary allocation of parental responsibilities,
2

including parenting time with the minor child, or physical
3

care and possession of the minor child, nor shall an order
4

of payment for support of the minor child be entered.
5

(d) Balance of hardships; findings. If the court finds
6
that the balance of hardships does not support the granting of
7
a remedy governed by paragraph (2), (3), (10), (11), or (16) of
8
subsection (b) of this Section, which may require such
9
balancing, the court's findings shall so indicate and shall
10
include a finding as to whether granting the remedy will
11
result in hardship to respondent that would substantially
12
outweigh the hardship to petitioner from denial of the remedy.
13
The findings shall be an official record or in writing.
14

(e) Denial of remedies. Denial of any remedy shall not be
15
based, in whole or in part, on evidence that:
16

(1) Respondent has cause for any use of force, unless
17

that cause satisfies the standards for justifiable use of
18

force provided by Article 7 of the Criminal Code of 2012;
19

(2) Respondent was voluntarily intoxicated;
20

(3) Petitioner acted in self-defense or defense of
21

another, provided that, if petitioner utilized force, such
22

force was justifiable under Article 7 of the Criminal Code
23

of 2012;
24

(4) Petitioner did not act in self-defense or defense
25

of another;
26

(5) Petitioner left the residence or household to

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1

avoid further abuse, neglect, or exploitation by
2

respondent;
3

(6) Petitioner did not leave the residence or
4

household to avoid further abuse, neglect, or exploitation
5

by respondent;
6

(7) Conduct by any family or household member excused
7

the abuse, neglect, or exploitation by respondent, unless
8

that same conduct would have excused such abuse, neglect,
9

or exploitation if the parties had not been family or
10

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

12

(750 ILCS 60/220)

(from Ch. 40, par. 2312-20)
13

Sec. 220.
Duration and extension of orders.
14

(a) Duration of emergency and interim orders. Unless
15
re-opened or extended or voided by entry of an order of greater
16
duration:
17

(1) Emergency orders issued under Section 217 shall be
18

effective for not less than 14 nor more than 21 days;
19

(2) Interim orders shall be effective for up to 30
20

days.
21

(b) Duration of plenary orders.
22

(0.05) A plenary order of protection entered under
23

this Act shall be valid for a fixed period of time, not to
24

exceed two years.
25

(1) A plenary order of protection entered in

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1

conjunction with another civil proceeding shall remain in
2

effect as follows:
3

(i) if entered as preliminary relief in that other
4

proceeding, until entry of final judgment in that
5

other proceeding;
6

(ii) if incorporated into the final judgment in
7

that other proceeding, until the order of protection
8

is vacated or modified; or
9

(iii) if incorporated in an order for involuntary
10

commitment, until termination of both the involuntary
11

commitment and any voluntary commitment, or for a
12

fixed period of time not exceeding 2 years.
13

(2) Duration of an order of protection entered in
14

conjunction with a criminal prosecution or delinquency
15

petition shall remain in effect as provided in Section
16

112A-20 of the Code of Criminal Procedure of 1963.
17

(c) Computation of time. The duration of an order of
18
protection shall not be reduced by the duration of any prior
19
order of protection.
20

(d) Law enforcement records. When a plenary order of
21
protection expires upon the occurrence of a specified event,
22
rather than upon a specified date as provided in subsection
23
(b), no expiration date shall be entered in Illinois State
24
Police records. To remove the plenary order from those
25
records, either party shall request the clerk of the court to
26
file a certified copy of an order stating that the specified

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1
event has occurred or that the plenary order has been vacated
2
or modified with the Sheriff, and the Sheriff shall direct
3
that law enforcement records shall be promptly corrected in
4
accordance with the filed order.
5

(e) Extension of orders.
6

(1) Emergency and Interim orders.
Any emergency
,

7

interim
or plenary
order may be extended one or more
8

times, as required, provided that the requirements of
9

Section 217, 218 or 219, as appropriate, are satisfied.
A
10

violation of the original order or a subsequent incident
11

of abuse is not required to grant an extension of the
12

order.
13

(2) Plenary orders.
14

(A) The court shall grant the petitioner's motion
15

to extend a plenary order of protection if the
16

requirements of Section 219 have been satisfied and
17

there has been no material change in the relevant
18

circumstances. The court shall not deny a motion to
19

extend solely because there is no violation of the
20

original order nor a subsequent incident of abuse.
21

(B) An extension of a plenary order may be granted
22

for any fixed period of time or until the order is
23

vacated or modified. If the petitioner seeks an
24

extension longer than 2 years, the court may grant
25

such request if it finds that there is good cause to
26

extend the order for longer than 2 years.

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1

(C) If respondent does not contest the motion to
2

extend a plenary order of protection, after service of
3

the motion in accordance with Supreme Court Rules 11,
4

12, and 105, the court may grant the request for an
5

extension based solely on the petitioner's motion and
6

affidavit setting forth the requirements of this
7

paragraph (2).
8

(D) If the plenary order is set to expire before
9

the next available court date, then the court date for
10

extension must be expedited. The court may extend the
11

order on an emergency basis pending a hearing on the
12

request. If a plenary order expires prior to a hearing
13

on the motion, the court may reinstate and extend the
14

order upon hearing.

15

If the motion for extension is uncontested and petitioner
16
seeks no modification of the order, the order may be extended
17
on the basis of petitioner's motion or affidavit stating that
18
there has been no material change in relevant circumstances
19
since entry of the order and stating the reason for the
20
requested extension. An extension of a plenary order of
21
protection may be granted, upon good cause shown, to remain in
22
effect until the order of protection is vacated or modified.

23

(3)
Extensions
under this subsection (e)
may be granted
24
only in open court and not under the provisions of subsection
25
(c) of Section 217, which applies only when the court is
26
unavailable at the close of business or on a court holiday.

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LRB104 17995 RLC 31432 b
1

(f) Termination date. Any order of protection which would
2
expire on a court holiday shall instead expire at the close of
3
the next court business day.
4

(g) Statement of purpose. The practice of dismissing or
5
suspending a criminal prosecution in exchange for the issuance
6
of an order of protection undermines the purposes of this Act.
7
This Section shall not be construed as encouraging that
8
practice.
9
(Source: P.A. 102-538, eff. 8-20-21.)

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