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Rep. Natalie A. Manley
Filed: 2/20/2014
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1 | | AMENDMENT TO HOUSE BILL 3269
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2 | | AMENDMENT NO. ______. Amend House Bill 3269 by replacing |
3 | | everything after the enacting clause with the following:
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4 | | "Section 5. The Code of Criminal Procedure of 1963 is |
5 | | amended by changing Section 112A-14 as follows:
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6 | | (725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14)
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7 | | Sec. 112A-14. Order of protection; remedies.
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8 | | (a) Issuance of order. If the court finds that petitioner |
9 | | has been
abused by a family or household member, as defined in |
10 | | this Article, an
order of protection prohibiting such abuse |
11 | | shall issue; provided that
petitioner must also satisfy the |
12 | | requirements of one of the following
Sections, as appropriate: |
13 | | Section 112A-17 on emergency orders, Section
112A-18 on interim |
14 | | orders, or Section 112A-19 on
plenary orders.
Petitioner shall |
15 | | not be denied an order of protection because petitioner or
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16 | | respondent is a minor. The court, when determining whether or |
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1 | | not to issue
an order of protection, shall not require physical |
2 | | manifestations of abuse
on the person of the victim. |
3 | | Modification and extension of prior orders of
protection shall |
4 | | be in accordance with this Article.
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5 | | (b) Remedies and standards. The remedies to be included in |
6 | | an order of
protection shall be determined in accordance with |
7 | | this Section and one of
the following Sections, as appropriate: |
8 | | Section 112A-17 on
emergency orders,
Section 112A-18 on interim |
9 | | orders, and Section 112A-19 on
plenary orders.
The remedies |
10 | | listed in this subsection shall be in addition to other civil
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11 | | or criminal remedies available to petitioner.
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12 | | (1) Prohibition of abuse. Prohibit respondent's |
13 | | harassment,
interference with personal liberty, |
14 | | intimidation of a dependent, physical
abuse or willful |
15 | | deprivation, as defined in this Article, if such abuse has
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16 | | occurred or otherwise appears likely to occur if not |
17 | | prohibited.
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18 | | (2) Grant of exclusive possession of residence. |
19 | | Prohibit respondent
from entering or remaining in any |
20 | | residence, household, or premises of the petitioner,
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21 | | including one owned or leased by respondent, if petitioner |
22 | | has a right
to occupancy thereof. The grant of exclusive |
23 | | possession of the residence, household, or premises
shall |
24 | | not affect title to real property, nor shall the court be |
25 | | limited by
the standard set forth in Section 701 of the |
26 | | Illinois Marriage and
Dissolution of Marriage Act.
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1 | | (A) Right to occupancy. A party has a right to |
2 | | occupancy of a
residence or household if it is
solely |
3 | | or jointly owned or leased by that party, that party's |
4 | | spouse, a
person with a legal duty to support that |
5 | | party or a minor child in that
party's care, or by any |
6 | | person or entity other than the opposing party that
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7 | | authorizes that party's occupancy (e.g., a domestic |
8 | | violence shelter).
Standards set forth in subparagraph |
9 | | (B) shall not preclude equitable relief.
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10 | | (B) Presumption of hardships. If petitioner and |
11 | | respondent
each has the right to occupancy of a |
12 | | residence or household, the court
shall balance (i) the |
13 | | hardships to respondent and any minor child or
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14 | | dependent adult in respondent's care resulting from |
15 | | entry of this remedy with (ii)
the hardships to |
16 | | petitioner and any minor child or dependent adult in
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17 | | petitioner's care resulting from continued exposure to |
18 | | the risk of abuse (should
petitioner remain at the |
19 | | residence or household) or from loss of possession
of |
20 | | the residence or household (should petitioner leave to |
21 | | avoid the risk
of abuse). When determining the balance |
22 | | of hardships, the court shall also
take into account |
23 | | the accessibility of the residence or household.
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24 | | Hardships need not be balanced if respondent does not |
25 | | have a right to occupancy.
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26 | | The balance of hardships is presumed to favor |
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1 | | possession by
petitioner unless the presumption is |
2 | | rebutted by a preponderance of the
evidence, showing |
3 | | that the hardships to respondent substantially |
4 | | outweigh
the hardships to petitioner and any minor |
5 | | child or dependent adult in petitioner's
care. The |
6 | | court, on the request of petitioner or on its own |
7 | | motion,
may order respondent to provide suitable, |
8 | | accessible, alternate housing
for petitioner instead |
9 | | of
excluding respondent from a mutual residence or |
10 | | household.
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11 | | (3) Stay away order and additional prohibitions.
Order |
12 | | respondent to stay away from petitioner or any other person
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13 | | protected by the order of protection, or prohibit |
14 | | respondent from entering
or remaining present at |
15 | | petitioner's school, place of employment, or other
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16 | | specified places at times when petitioner is present, or |
17 | | both, if
reasonable, given
the balance of hardships. |
18 | | Hardships need not be balanced for the court
to enter a |
19 | | stay away order or prohibit entry
if respondent has no |
20 | | right to enter the premises.
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21 | | If an order of protection grants petitioner exclusive |
22 | | possession
of the residence, or prohibits respondent from |
23 | | entering the residence,
or orders respondent to stay away |
24 | | from petitioner or other
protected persons, then the court |
25 | | may allow respondent access to the
residence to remove |
26 | | items of clothing and personal adornment
used exclusively |
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1 | | by respondent, medications, and other items as the court |
2 | | directs.
The right to access shall be exercised on only one |
3 | | occasion as the court directs
and in the presence of an |
4 | | agreed-upon adult third party or law enforcement officer.
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5 | | (4) Counseling. Require or recommend the respondent to |
6 | | undergo
counseling for a specified duration with a social |
7 | | worker, psychologist,
clinical psychologist, psychiatrist, |
8 | | family service agency, alcohol or
substance abuse program, |
9 | | mental health center guidance counselor, agency
providing |
10 | | services to elders, program designed for domestic violence
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11 | | abusers or any other guidance service the court deems |
12 | | appropriate. The court may order the respondent in any |
13 | | intimate partner relationship to report to an Illinois |
14 | | Department of Human Services protocol approved partner |
15 | | abuse intervention program for an assessment and to follow |
16 | | all recommended treatment.
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17 | | (5) Physical care and possession of the minor child. In |
18 | | order to protect
the minor child from abuse, neglect, or |
19 | | unwarranted separation from the person
who has been the |
20 | | minor child's primary caretaker, or to otherwise protect |
21 | | the
well-being of the minor child, the court may do either |
22 | | or both of the following:
(i) grant petitioner physical |
23 | | care or possession of the minor child, or both, or
(ii) |
24 | | order respondent to return a minor child to, or not remove |
25 | | a minor child
from, the physical care of a parent or person |
26 | | in loco parentis.
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1 | | If a court finds, after a hearing, that respondent has |
2 | | committed abuse
(as defined in Section 112A-3) of a minor |
3 | | child, there shall be a
rebuttable presumption that |
4 | | awarding physical care to respondent would not
be in the |
5 | | minor child's best interest.
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6 | | (6) Temporary legal custody.
Award temporary legal |
7 | | custody to petitioner in accordance with this Section,
the |
8 | | Illinois Marriage
and Dissolution of Marriage Act, the |
9 | | Illinois Parentage Act of 1984,
and this State's Uniform |
10 | | Child-Custody
Jurisdiction and Enforcement Act.
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11 | | If a court finds, after a hearing, that respondent
has |
12 | | committed abuse (as defined in Section 112A-3) of a
minor |
13 | | child, there shall be a rebuttable presumption that |
14 | | awarding
temporary legal custody to respondent would not be |
15 | | in the
child's best interest.
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16 | | (7) Visitation. Determine the
visitation rights, if |
17 | | any, of respondent in any case in which the court
awards |
18 | | physical care or temporary legal custody of a minor child |
19 | | to
petitioner. The court shall restrict or deny |
20 | | respondent's visitation with
a minor child if
the court |
21 | | finds that respondent has done or is likely to do any of |
22 | | the
following: (i) abuse or endanger the minor child during |
23 | | visitation; (ii) use the
visitation as an opportunity to |
24 | | abuse or harass petitioner or
petitioner's family or |
25 | | household members; (iii) improperly conceal or
detain the |
26 | | minor child; or (iv) otherwise act in a manner that is not |
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1 | | in
the best interests of the minor child. The court shall |
2 | | not be limited by the
standards set forth in Section 607.1 |
3 | | of the Illinois Marriage and
Dissolution of Marriage Act. |
4 | | If the court grants visitation, the order
shall specify |
5 | | dates and times for the visitation to take place or other
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6 | | specific parameters or conditions that are appropriate. No |
7 | | order for
visitation shall refer merely to the term |
8 | | "reasonable visitation".
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9 | | Petitioner may deny respondent access to the minor |
10 | | child if, when
respondent arrives for visitation, |
11 | | respondent is under the influence of drugs
or alcohol and |
12 | | constitutes a threat to the safety and well-being of
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13 | | petitioner or petitioner's minor children or is behaving in |
14 | | a violent or abusive manner.
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15 | | If necessary to protect any member of petitioner's |
16 | | family or
household from future abuse, respondent shall be |
17 | | prohibited from coming to
petitioner's residence to meet |
18 | | the minor child for visitation, and the
parties shall |
19 | | submit to the court their recommendations for reasonable
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20 | | alternative arrangements for visitation. A person may be |
21 | | approved to
supervise visitation only after filing an |
22 | | affidavit accepting
that responsibility and acknowledging |
23 | | accountability to the court.
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24 | | (8) Removal or concealment of minor child.
Prohibit |
25 | | respondent from
removing a minor child from the State or |
26 | | concealing the child within the
State.
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1 | | (9) Order to appear. Order the respondent to
appear in |
2 | | court, alone
or with a minor child, to prevent abuse, |
3 | | neglect, removal or concealment of
the child, to return the |
4 | | child to the custody or care of the petitioner or
to permit |
5 | | any court-ordered interview or examination of the child or |
6 | | the
respondent.
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7 | | (10) Possession of personal property. Grant petitioner |
8 | | exclusive
possession of personal property and, if |
9 | | respondent has possession or
control, direct respondent to |
10 | | promptly make it available to petitioner, if:
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11 | | (i) petitioner, but not respondent, owns the |
12 | | property; or
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13 | | (ii) the parties own the property jointly; sharing |
14 | | it would risk
abuse of petitioner by respondent or is |
15 | | impracticable; and the balance of
hardships favors |
16 | | temporary possession by petitioner.
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17 | | If petitioner's sole claim to ownership of the property |
18 | | is that it is
marital property, the court may award |
19 | | petitioner temporary possession
thereof under the |
20 | | standards of subparagraph (ii) of this paragraph only if
a |
21 | | proper proceeding has been filed under the Illinois |
22 | | Marriage and
Dissolution of Marriage Act, as now or |
23 | | hereafter amended.
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24 | | No order under this provision shall affect title to |
25 | | property.
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26 | | (11) Protection of property. Forbid the respondent |
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1 | | from taking,
transferring, encumbering, concealing, |
2 | | damaging or otherwise disposing of
any real or personal |
3 | | property, except as explicitly authorized by the
court, if:
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4 | | (i) petitioner, but not respondent, owns the |
5 | | property; or
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6 | | (ii) the parties own the property jointly,
and the |
7 | | balance of hardships favors granting this remedy.
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8 | | If petitioner's sole claim to ownership of the property |
9 | | is that it is
marital property, the court may grant |
10 | | petitioner relief under subparagraph
(ii) of this |
11 | | paragraph only if a proper proceeding has been filed under |
12 | | the
Illinois Marriage and Dissolution of Marriage Act, as |
13 | | now or hereafter amended.
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14 | | The court may further prohibit respondent from |
15 | | improperly using the
financial or other resources of an |
16 | | aged member of the family or household
for the profit or |
17 | | advantage of respondent or of any other person.
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18 | | (11.5) Protection of animals. Grant the petitioner the |
19 | | exclusive care, custody, or control of any animal owned, |
20 | | possessed, leased, kept, or held by either the petitioner |
21 | | or the respondent or a minor child residing in the |
22 | | residence or household of either the petitioner or the |
23 | | respondent and order the respondent to stay away from the |
24 | | animal and forbid the respondent from taking, |
25 | | transferring, encumbering, concealing, harming, or |
26 | | otherwise disposing of the animal.
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1 | | (12) Order for payment of support. Order
respondent to |
2 | | pay temporary
support for the petitioner or any child in |
3 | | the petitioner's care or
custody, when the respondent has a |
4 | | legal obligation to support that person,
in accordance with |
5 | | the Illinois Marriage and Dissolution
of Marriage Act, |
6 | | which shall govern, among other matters, the amount of
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7 | | support, payment through the clerk and withholding of |
8 | | income to secure
payment. An order for child support may be |
9 | | granted to a petitioner with
lawful physical care or |
10 | | custody of a child, or an order or agreement for
physical |
11 | | care or custody, prior to entry of an order for legal |
12 | | custody.
Such a support order shall expire upon entry of a |
13 | | valid order granting
legal custody to another, unless |
14 | | otherwise provided in the custody order.
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15 | | (13) Order for payment of losses. Order
respondent to |
16 | | pay petitioner
for losses suffered as a direct result of |
17 | | the abuse. Such losses shall
include, but not be limited |
18 | | to, medical expenses, lost earnings or other
support, |
19 | | repair or replacement of property damaged or taken, |
20 | | reasonable
attorney's fees, court costs and moving or other |
21 | | travel expenses, including
additional reasonable expenses |
22 | | for temporary shelter and restaurant meals.
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23 | | (i) Losses affecting family needs. If a party is |
24 | | entitled to seek
maintenance, child support or |
25 | | property distribution from the other party
under the |
26 | | Illinois Marriage and Dissolution of Marriage Act, as |
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1 | | now or
hereafter amended, the court may order |
2 | | respondent to reimburse petitioner's
actual losses, to |
3 | | the extent that such reimbursement would be |
4 | | "appropriate
temporary relief", as authorized by |
5 | | subsection (a)(3) of
Section 501 of that Act.
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6 | | (ii) Recovery of expenses. In the case of an |
7 | | improper concealment
or removal of a minor child, the |
8 | | court may order respondent to pay the reasonable
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9 | | expenses incurred or to be incurred in the search for |
10 | | and recovery of the
minor child, including but not |
11 | | limited to legal fees, court costs, private
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12 | | investigator fees, and travel costs.
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13 | | (14) Prohibition of entry. Prohibit the respondent |
14 | | from entering or
remaining in the residence or household |
15 | | while the respondent is under the
influence of alcohol or |
16 | | drugs and constitutes a threat to the safety and
well-being |
17 | | of the petitioner or the petitioner's children.
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18 | | (14.5) Prohibition of firearm possession. |
19 | | (A) A person who is subject to an existing order of |
20 | | protection, interim order of protection, emergency |
21 | | order of protection, or plenary order of protection, |
22 | | issued under this Code or a substantially similar order |
23 | | of protection issued by any other state, possession, or |
24 | | territory of the United States, or the District of |
25 | | Columbia may not lawfully possess weapons under |
26 | | Section 8.2 of the Firearm Owners Identification Card |
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1 | | Act. |
2 | | (B) Any firearms in the
possession of the |
3 | | respondent, except as provided in subparagraph (C) of |
4 | | this paragraph (14.5), shall be ordered by the court to |
5 | | be turned
over to a person with a valid Firearm Owner's |
6 | | Identification Card for safekeeping. The court shall |
7 | | issue an order that the respondent's Firearm Owner's |
8 | | Identification Card be turned over to the local law |
9 | | enforcement agency, which in turn shall immediately |
10 | | mail the card to the Department of State Police Firearm |
11 | | Owner's Identification Card Office for safekeeping.
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12 | | The period of safekeeping shall be for the duration of |
13 | | the order of protection. The firearm or firearms and |
14 | | Firearm Owner's Identification Card, if unexpired, |
15 | | shall at the respondent's request be returned to the |
16 | | respondent at expiration of the order of protection.
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17 | | (C) If the respondent is a peace officer as defined |
18 | | in Section 2-13 of
the
Criminal Code of 2012, the court |
19 | | shall order that any firearms used by the
respondent in |
20 | | the performance of his or her duties as a
peace officer |
21 | | be surrendered to
the chief law enforcement executive |
22 | | of the agency in which the respondent is
employed, who |
23 | | shall retain the firearms for safekeeping for the |
24 | | duration of the order of protection.
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25 | | (D) Upon expiration of the period of safekeeping, |
26 | | if the firearms or Firearm Owner's Identification Card |
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1 | | cannot be returned to respondent because respondent |
2 | | cannot be located, fails to respond to requests to |
3 | | retrieve the firearms, or is not lawfully eligible to |
4 | | possess a firearm, upon petition from the local law |
5 | | enforcement agency, the court may order the local law |
6 | | enforcement agency to destroy the firearms, use the |
7 | | firearms for training purposes, or for any other |
8 | | application as deemed appropriate by the local law |
9 | | enforcement agency; or that the firearms be turned over |
10 | | to a third party who is lawfully eligible to possess |
11 | | firearms, and who does not reside with respondent.
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12 | | (15) Prohibition of access to records. If an order of |
13 | | protection
prohibits respondent from having contact with |
14 | | the minor child,
or if petitioner's address is omitted |
15 | | under subsection (b) of
Section 112A-5, or if necessary to |
16 | | prevent abuse or wrongful removal or
concealment of a minor |
17 | | child, the order shall deny respondent access to, and
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18 | | prohibit respondent from inspecting, obtaining, or |
19 | | attempting to
inspect or obtain, school or any other |
20 | | records of the minor child
who is in the care of |
21 | | petitioner.
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22 | | (16) Order for payment of shelter services. Order |
23 | | respondent to
reimburse a shelter providing temporary |
24 | | housing and counseling services to
the petitioner for the |
25 | | cost of the services, as certified by the shelter
and |
26 | | deemed reasonable by the court.
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1 | | (17) Order for injunctive relief. Enter injunctive |
2 | | relief necessary
or appropriate to prevent further abuse of |
3 | | a family or household member or
to effectuate one of the |
4 | | granted remedies, if supported by the balance of
hardships. |
5 | | If the harm to be prevented by the injunction is abuse or |
6 | | any
other harm that one of the remedies listed in |
7 | | paragraphs (1) through (16)
of this subsection is designed |
8 | | to prevent, no further evidence is necessary
to establish |
9 | | that the harm is an irreparable injury.
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10 | | (c) Relevant factors; findings.
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11 | | (1) In determining whether to grant a
specific remedy, |
12 | | other than payment of support, the
court shall consider |
13 | | relevant factors, including but not limited to the
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14 | | following:
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15 | | (i) the nature, frequency, severity, pattern and |
16 | | consequences of the
respondent's past abuse of the |
17 | | petitioner or any family or household
member, |
18 | | including the concealment of his or her location in |
19 | | order to evade
service of process or notice, and the |
20 | | likelihood of danger of future abuse to
petitioner or
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21 | | any member of petitioner's or respondent's family or |
22 | | household; and
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23 | | (ii) the danger that any minor child will be abused |
24 | | or neglected or
improperly removed from the |
25 | | jurisdiction, improperly concealed within the
State or |
26 | | improperly separated from the child's primary |
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1 | | caretaker.
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2 | | (2) In comparing relative hardships resulting to the |
3 | | parties from loss
of possession of the family home, the |
4 | | court shall consider relevant
factors, including but not |
5 | | limited to the following:
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6 | | (i) availability, accessibility, cost, safety, |
7 | | adequacy, location and other
characteristics of |
8 | | alternate housing for each party and any minor child or
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9 | | dependent adult in the party's care;
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10 | | (ii) the effect on the party's employment; and
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11 | | (iii) the effect on the relationship of the party, |
12 | | and any minor
child or dependent adult in the party's |
13 | | care, to family, school, church
and community.
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14 | | (3) Subject to the exceptions set forth in paragraph |
15 | | (4) of this
subsection, the court shall make its findings |
16 | | in an official record or in
writing, and shall at a minimum |
17 | | set forth the following:
|
18 | | (i) That the court has considered the applicable |
19 | | relevant factors
described in paragraphs (1) and (2) of |
20 | | this subsection.
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21 | | (ii) Whether the conduct or actions of respondent, |
22 | | unless
prohibited, will likely cause irreparable harm |
23 | | or continued abuse.
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24 | | (iii) Whether it is necessary to grant the |
25 | | requested relief in order
to protect petitioner or |
26 | | other alleged abused persons.
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1 | | (4) For purposes of issuing an ex parte emergency order |
2 | | of protection,
the court, as an alternative to or as a |
3 | | supplement to making the findings
described in paragraphs |
4 | | (c)(3)(i) through (c)(3)(iii) of this subsection, may use
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5 | | the following procedure:
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6 | | When a verified petition for an emergency order of |
7 | | protection in
accordance with the requirements of Sections |
8 | | 112A-5 and 112A-17 is
presented to the court, the court |
9 | | shall examine petitioner on oath or
affirmation. An |
10 | | emergency order of protection shall be issued by the court
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11 | | if it appears from the contents of the petition and the |
12 | | examination of
petitioner that the averments are |
13 | | sufficient to indicate abuse by
respondent and to support |
14 | | the granting of relief under the issuance of the
emergency |
15 | | order of protection.
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16 | | (5) Never married parties. No rights or |
17 | | responsibilities for a minor
child born outside of marriage |
18 | | attach to a putative father until a father and
child |
19 | | relationship has been established under the Illinois |
20 | | Parentage Act of
1984. Absent such an adjudication, no |
21 | | putative father shall be granted
temporary custody of the |
22 | | minor child, visitation with the minor child, or
physical |
23 | | care
and possession of the minor child, nor shall
an order |
24 | | of payment for support of the minor child be entered.
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25 | | (d) Balance of hardships; findings. If the court finds that |
26 | | the balance
of hardships does not support the granting of a |
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1 | | remedy governed by
paragraph (2), (3), (10), (11), or (16) of
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2 | | subsection (b) of this Section,
which may require such |
3 | | balancing, the court's findings shall so
indicate and shall |
4 | | include a finding as to whether granting the remedy will
result |
5 | | in hardship to respondent that would substantially outweigh the |
6 | | hardship
to petitioner
from denial of the remedy. The findings |
7 | | shall be an official record or in
writing.
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8 | | (e) Denial of remedies. Denial of any remedy shall not be |
9 | | based, in
whole or in part, on evidence that:
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10 | | (1) Respondent has cause for any use of force, unless |
11 | | that cause
satisfies the standards for justifiable use of |
12 | | force provided by Article
7 of the Criminal Code of 2012;
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13 | | (2) Respondent was voluntarily intoxicated;
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14 | | (3) Petitioner acted in self-defense or defense of |
15 | | another, provided
that, if petitioner utilized force, such |
16 | | force was justifiable under
Article 7 of the Criminal Code |
17 | | of 2012;
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18 | | (4) Petitioner did not act in self-defense or defense |
19 | | of another;
|
20 | | (5) Petitioner left the residence or household to avoid |
21 | | further abuse
by respondent;
|
22 | | (6) Petitioner did not leave the residence or household |
23 | | to avoid further
abuse by respondent;
|
24 | | (7) Conduct by any family or household member excused |
25 | | the abuse by
respondent, unless that same conduct would |
26 | | have excused such abuse if the
parties had not been family |
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1 | | or household members.
|
2 | | (Source: P.A. 97-158, eff. 1-1-12; 97-1131, eff. 1-1-13; |
3 | | 97-1150, eff. 1-25-13; 98-63, eff. 7-9-13.)
|
4 | | Section 10. The Illinois Domestic Violence Act of 1986 is |
5 | | amended by changing Section 214 as follows:
|
6 | | (750 ILCS 60/214) (from Ch. 40, par. 2312-14)
|
7 | | Sec. 214. Order of protection; remedies.
|
8 | | (a) Issuance of order. If the court finds that petitioner |
9 | | has been
abused by a family or household member or that |
10 | | petitioner is a high-risk
adult who has been abused, neglected, |
11 | | or exploited, as defined in this Act,
an order of protection |
12 | | prohibiting the abuse, neglect, or exploitation
shall issue; |
13 | | provided that petitioner must also satisfy the requirements of
|
14 | | one of the following Sections, as appropriate: Section 217 on |
15 | | emergency
orders, Section 218 on interim orders, or Section 219 |
16 | | on plenary orders.
Petitioner shall not be denied an order of |
17 | | protection because petitioner or
respondent is a minor. The |
18 | | court, when determining whether or not to issue
an order of |
19 | | protection, shall not require physical manifestations of abuse
|
20 | | on the person of the victim. Modification and extension of |
21 | | prior
orders of protection shall be in accordance with this |
22 | | Act.
|
23 | | (b) Remedies and standards. The remedies to be included in |
24 | | an order of
protection shall be determined in accordance with |
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1 | | this Section and one of
the following Sections, as appropriate: |
2 | | Section 217 on emergency orders,
Section 218 on interim orders, |
3 | | and Section 219 on plenary orders. The
remedies listed in this |
4 | | subsection shall be in addition to other civil or
criminal |
5 | | remedies available to petitioner.
|
6 | | (1) Prohibition of abuse, neglect, or exploitation. |
7 | | Prohibit
respondent's harassment, interference with |
8 | | personal liberty, intimidation
of a dependent, physical |
9 | | abuse, or willful deprivation, neglect or
exploitation, as |
10 | | defined in this Act, or stalking of the petitioner, as |
11 | | defined
in Section 12-7.3 of the Criminal Code of 2012, if |
12 | | such abuse, neglect,
exploitation, or stalking has |
13 | | occurred or otherwise appears likely to occur if
not |
14 | | prohibited.
|
15 | | (2) Grant of exclusive possession of residence. |
16 | | Prohibit respondent from
entering or remaining in any |
17 | | residence, household, or premises of the petitioner,
|
18 | | including one owned or leased by respondent, if petitioner |
19 | | has a right to
occupancy thereof. The grant of exclusive |
20 | | possession of the residence, household, or premises shall |
21 | | not
affect title to real property, nor shall the court be |
22 | | limited by the standard
set forth in Section 701 of the |
23 | | Illinois Marriage and Dissolution of Marriage
Act.
|
24 | | (A) Right to occupancy. A party has a right to |
25 | | occupancy of a
residence or household if it is solely |
26 | | or jointly owned or leased by that
party, that party's |
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1 | | spouse, a person with a legal duty to support that |
2 | | party or
a minor child in that party's care, or by any |
3 | | person or entity other than the
opposing party that |
4 | | authorizes that party's occupancy (e.g., a domestic
|
5 | | violence shelter). Standards set forth in subparagraph |
6 | | (B) shall not preclude
equitable relief.
|
7 | | (B) Presumption of hardships. If petitioner and |
8 | | respondent
each has the right to occupancy of a |
9 | | residence or household, the court
shall balance (i) the |
10 | | hardships to respondent and any minor child or
|
11 | | dependent adult in respondent's care resulting from |
12 | | entry of this remedy with
(ii) the hardships to |
13 | | petitioner and any minor child or dependent adult in
|
14 | | petitioner's care resulting from continued exposure to |
15 | | the risk of abuse
(should petitioner remain at the |
16 | | residence or household) or from loss of
possession of |
17 | | the residence or household (should petitioner leave to |
18 | | avoid the
risk of abuse). When determining the balance |
19 | | of hardships, the court shall
also take into account |
20 | | the accessibility of the residence or household.
|
21 | | Hardships need not be balanced if respondent does not |
22 | | have a right to
occupancy.
|
23 | | The balance of hardships is presumed to favor |
24 | | possession by
petitioner unless the presumption is |
25 | | rebutted by a preponderance of the
evidence, showing |
26 | | that the hardships to respondent substantially |
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1 | | outweigh
the hardships to petitioner and any minor |
2 | | child or dependent adult in
petitioner's care. The |
3 | | court, on the request of petitioner or on its own
|
4 | | motion, may order respondent to provide suitable, |
5 | | accessible, alternate housing
for petitioner instead |
6 | | of excluding respondent from a mutual residence or
|
7 | | household.
|
8 | | (3) Stay away order and additional prohibitions.
Order |
9 | | respondent to stay away from petitioner or any other person
|
10 | | protected by the order of protection, or prohibit |
11 | | respondent from entering
or remaining present at |
12 | | petitioner's school, place of employment, or other
|
13 | | specified places at times when petitioner is present, or |
14 | | both, if
reasonable, given the balance of hardships. |
15 | | Hardships need not be balanced for
the court to enter a |
16 | | stay away order or prohibit entry if respondent has no
|
17 | | right to enter the premises.
|
18 | | (A) If an order of protection grants petitioner |
19 | | exclusive possession
of the residence, or prohibits |
20 | | respondent from entering the residence,
or orders |
21 | | respondent to stay away from petitioner or other
|
22 | | protected persons, then the court may allow respondent |
23 | | access to the
residence to remove items of clothing and |
24 | | personal adornment
used exclusively by respondent, |
25 | | medications, and other items as the court
directs. The |
26 | | right to access shall be exercised on only one occasion |
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1 | | as the
court directs and in the presence of an |
2 | | agreed-upon adult third party or law
enforcement |
3 | | officer.
|
4 | | (B) When the petitioner and the respondent attend |
5 | | the same public, private, or non-public elementary, |
6 | | middle, or high school, the court when issuing an order |
7 | | of protection and providing relief shall consider the |
8 | | severity of the act, any continuing physical danger or |
9 | | emotional distress to the petitioner, the educational |
10 | | rights guaranteed to the petitioner and respondent |
11 | | under federal and State law, the availability of a |
12 | | transfer of the respondent to another school, a change |
13 | | of placement or a change of program of the respondent, |
14 | | the expense, difficulty, and educational disruption |
15 | | that would be caused by a transfer of the respondent to |
16 | | another school, and any other relevant facts of the |
17 | | case. The court may order that the respondent not |
18 | | attend the public, private, or non-public elementary, |
19 | | middle, or high school attended by the petitioner, |
20 | | order that the respondent accept a change of placement |
21 | | or change of program, as determined by the school |
22 | | district or private or non-public school, or place |
23 | | restrictions on the respondent's movements within the |
24 | | school attended by the petitioner.
The respondent |
25 | | bears the burden of proving by a preponderance of the |
26 | | evidence that a transfer, change of placement, or |
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1 | | change of program of the respondent is not available. |
2 | | The respondent also bears the burden of production with |
3 | | respect to the expense, difficulty, and educational |
4 | | disruption that would be caused by a transfer of the |
5 | | respondent to another school. A transfer, change of |
6 | | placement, or change of program is not unavailable to |
7 | | the respondent solely on the ground that the respondent |
8 | | does not agree with the school district's or private or |
9 | | non-public school's transfer, change of placement, or |
10 | | change of program or solely on the ground that the |
11 | | respondent fails or refuses to consent or otherwise |
12 | | does not take an action required to effectuate a |
13 | | transfer, change of placement, or change of program.
|
14 | | When a court orders a respondent to stay away from the |
15 | | public, private, or non-public school attended by the |
16 | | petitioner and the respondent requests a transfer to |
17 | | another attendance center within the respondent's |
18 | | school district or private or non-public school, the |
19 | | school district or private or non-public school shall |
20 | | have sole discretion to determine the attendance |
21 | | center to which the respondent is transferred.
In the |
22 | | event the court order results in a transfer of the |
23 | | minor respondent to another attendance center, a |
24 | | change in the respondent's placement, or a change of |
25 | | the respondent's program, the parents, guardian, or |
26 | | legal custodian of the respondent is responsible for |
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1 | | transportation and other costs associated with the |
2 | | transfer or change. |
3 | | (C) The court may order the parents, guardian, or |
4 | | legal custodian of a minor respondent to take certain |
5 | | actions or to refrain from taking certain actions to |
6 | | ensure that the respondent complies with the order. In |
7 | | the event the court orders a transfer of the respondent |
8 | | to another school, the parents, guardian, or legal |
9 | | custodian of the respondent is responsible for |
10 | | transportation and other costs associated with the |
11 | | change of school by the respondent.
|
12 | | (4) Counseling. Require or recommend the respondent to |
13 | | undergo
counseling for a specified duration with a social |
14 | | worker, psychologist,
clinical psychologist, psychiatrist, |
15 | | family service agency, alcohol or
substance abuse program, |
16 | | mental health center guidance counselor, agency
providing |
17 | | services to elders, program designed for domestic violence
|
18 | | abusers or any other guidance service the court deems |
19 | | appropriate. The Court may order the respondent in any |
20 | | intimate partner relationship to report to an Illinois |
21 | | Department of Human Services protocol approved partner |
22 | | abuse intervention program for an assessment and to follow |
23 | | all recommended treatment.
|
24 | | (5) Physical care and possession of the minor child. In |
25 | | order to protect
the minor child from abuse, neglect, or |
26 | | unwarranted separation from the person
who has been the |
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1 | | minor child's primary caretaker, or to otherwise protect |
2 | | the
well-being of the minor child, the court may do either |
3 | | or both of the
following: (i) grant petitioner physical |
4 | | care or possession of the minor child,
or both, or (ii) |
5 | | order respondent to return a minor child to, or not remove |
6 | | a
minor child from, the physical care of a parent or person |
7 | | in loco parentis.
|
8 | | If a court finds, after a hearing, that respondent has |
9 | | committed abuse
(as defined in Section 103) of a minor |
10 | | child, there shall be a
rebuttable presumption that |
11 | | awarding physical care to respondent would not
be in the |
12 | | minor child's best interest.
|
13 | | (6) Temporary legal custody. Award temporary legal |
14 | | custody to petitioner
in accordance with this Section, the |
15 | | Illinois Marriage and Dissolution of
Marriage Act, the |
16 | | Illinois Parentage Act of 1984, and this State's Uniform
|
17 | | Child-Custody Jurisdiction and Enforcement Act.
|
18 | | If a court finds, after a hearing, that respondent has |
19 | | committed abuse (as
defined in Section 103) of a minor |
20 | | child, there shall be a rebuttable
presumption that |
21 | | awarding temporary legal custody to respondent would not be |
22 | | in
the child's best interest.
|
23 | | (7) Visitation. Determine the visitation rights, if |
24 | | any, of respondent in
any case in which the court awards |
25 | | physical care or temporary legal custody of
a minor child |
26 | | to petitioner. The court shall restrict or deny |
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1 | | respondent's
visitation with a minor child if the court |
2 | | finds that respondent has done or is
likely to do any of |
3 | | the following: (i) abuse or endanger the minor child during
|
4 | | visitation; (ii) use the visitation as an opportunity to |
5 | | abuse or harass
petitioner or petitioner's family or |
6 | | household members; (iii) improperly
conceal or detain the |
7 | | minor child; or (iv) otherwise act in a manner that is
not |
8 | | in the best interests of the minor child. The court shall |
9 | | not be limited
by the standards set forth in Section 607.1 |
10 | | of the Illinois Marriage and
Dissolution of Marriage Act. |
11 | | If the court grants visitation, the order shall
specify |
12 | | dates and times for the visitation to take place or other |
13 | | specific
parameters or conditions that are appropriate. No |
14 | | order for visitation shall
refer merely to the term |
15 | | "reasonable visitation".
|
16 | | Petitioner may deny respondent access to the minor |
17 | | child if, when
respondent arrives for visitation, |
18 | | respondent is under the influence of drugs
or alcohol and |
19 | | constitutes a threat to the safety and well-being of
|
20 | | petitioner or petitioner's minor children or is behaving in |
21 | | a violent or
abusive manner.
|
22 | | If necessary to protect any member of petitioner's |
23 | | family or
household from future abuse, respondent shall be |
24 | | prohibited from coming to
petitioner's residence to meet |
25 | | the minor child for visitation, and the
parties shall |
26 | | submit to the court their recommendations for reasonable
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1 | | alternative arrangements for visitation. A person may be |
2 | | approved to
supervise visitation only after filing an |
3 | | affidavit accepting
that responsibility and acknowledging |
4 | | accountability to the court.
|
5 | | (8) Removal or concealment of minor child. Prohibit |
6 | | respondent from
removing a minor child from the State or |
7 | | concealing the child within the State.
|
8 | | (9) Order to appear. Order the respondent to appear in |
9 | | court, alone
or with a minor child, to prevent abuse, |
10 | | neglect, removal or concealment of
the child, to return the |
11 | | child to the custody or care of the petitioner or
to permit |
12 | | any court-ordered interview or examination of the child or |
13 | | the
respondent.
|
14 | | (10) Possession of personal property. Grant petitioner |
15 | | exclusive
possession of personal property and, if |
16 | | respondent has possession or
control, direct respondent to |
17 | | promptly make it available to petitioner, if:
|
18 | | (i) petitioner, but not respondent, owns the |
19 | | property; or
|
20 | | (ii) the parties own the property jointly; sharing |
21 | | it would risk
abuse of petitioner by respondent or is |
22 | | impracticable; and the balance of
hardships favors |
23 | | temporary possession by petitioner.
|
24 | | If petitioner's sole claim to ownership of the property |
25 | | is that it is
marital property, the court may award |
26 | | petitioner temporary possession
thereof under the |
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1 | | standards of subparagraph (ii) of this paragraph only if
a |
2 | | proper proceeding has been filed under the Illinois |
3 | | Marriage and
Dissolution of Marriage Act, as now or |
4 | | hereafter amended.
|
5 | | No order under this provision shall affect title to |
6 | | property.
|
7 | | (11) Protection of property. Forbid the respondent |
8 | | from taking,
transferring, encumbering, concealing, |
9 | | damaging or otherwise disposing of
any real or personal |
10 | | property, except as explicitly authorized by the
court, if:
|
11 | | (i) petitioner, but not respondent, owns the |
12 | | property; or
|
13 | | (ii) the parties own the property jointly,
and the |
14 | | balance of hardships favors granting this remedy.
|
15 | | If petitioner's sole claim to ownership of the property |
16 | | is that it is
marital property, the court may grant |
17 | | petitioner relief under subparagraph
(ii) of this |
18 | | paragraph only if a proper proceeding has been filed under |
19 | | the
Illinois Marriage and Dissolution of Marriage Act, as |
20 | | now or hereafter amended.
|
21 | | The court may further prohibit respondent from |
22 | | improperly using the
financial or other resources of an |
23 | | aged member of the family or household
for the profit or |
24 | | advantage of respondent or of any other person.
|
25 | | (11.5) Protection of animals. Grant the petitioner the |
26 | | exclusive care, custody, or control of any animal owned, |
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1 | | possessed, leased, kept, or held by either the petitioner |
2 | | or the respondent or a minor child residing in the |
3 | | residence or household of either the petitioner or the |
4 | | respondent and order the respondent to stay away from the |
5 | | animal and forbid the respondent from taking, |
6 | | transferring, encumbering, concealing, harming, or |
7 | | otherwise disposing of the animal.
|
8 | | (12) Order for payment of support. Order respondent to |
9 | | pay temporary
support for the petitioner or any child in |
10 | | the petitioner's care or
custody, when the respondent has a |
11 | | legal obligation to support that person,
in accordance with |
12 | | the Illinois Marriage and Dissolution
of Marriage Act, |
13 | | which shall govern, among other matters, the amount of
|
14 | | support, payment through the clerk and withholding of |
15 | | income to secure
payment. An order for child support may be |
16 | | granted to a petitioner with
lawful physical care or |
17 | | custody of a child, or an order or agreement for
physical |
18 | | care or custody, prior to entry of an order for legal |
19 | | custody.
Such a support order shall expire upon entry of a |
20 | | valid order granting
legal custody to another, unless |
21 | | otherwise provided in the custody order.
|
22 | | (13) Order for payment of losses. Order respondent to |
23 | | pay petitioner for
losses suffered as a direct result of |
24 | | the abuse, neglect, or exploitation.
Such losses shall |
25 | | include, but not be limited to, medical expenses, lost
|
26 | | earnings or other support, repair or replacement of |
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1 | | property damaged or taken,
reasonable attorney's fees, |
2 | | court costs and moving or other travel expenses,
including |
3 | | additional reasonable expenses for temporary shelter and |
4 | | 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
well-being |
25 | | of the petitioner or the petitioner's children.
|
26 | | (14.5) Prohibition of firearm , firearm ammunition, |
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1 | | stun gun, and taser possession.
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2 | | (a) A resident who is subject to an existing order |
3 | | of protection, interim order of protection, emergency |
4 | | order of protection, or plenary order of protection, |
5 | | issued under this Act or a substantially similar order |
6 | | of protection issued by any other state, possession, or |
7 | | territory of the United States, or the District of |
8 | | Columbia may not lawfully possess firearms, firearm |
9 | | ammunition, stun guns, and tasers under Section 8.2 of |
10 | | the Firearm Owners Identification Card Act. Prohibit a |
11 | | respondent against whom an order of protection was |
12 | | issued from possessing any firearms during the |
13 | | duration of the order if the order: |
14 | | (1) was issued after a hearing of which such |
15 | | person received
actual notice, and at which such |
16 | | person had an opportunity to
participate; |
17 | | (2) restrains such person from harassing, |
18 | | stalking, or
threatening an intimate partner of |
19 | | such person or child of such
intimate partner or |
20 | | person, or engaging in other conduct that
would |
21 | | place an intimate partner in reasonable fear of |
22 | | bodily
injury to the partner or child; and |
23 | | (3)(i) includes a finding that such person |
24 | | represents a
credible threat to the physical |
25 | | safety of such intimate partner
or child; or
(ii) |
26 | | by its terms explicitly prohibits the use, |
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1 | | attempted
use, or threatened use of physical force |
2 | | against such intimate
partner or child that would |
3 | | reasonably be expected to cause
bodily injury. |
4 | | Any firearms, firearm ammunition, stun guns, and |
5 | | tasers Firearm Owner's Identification Card in the
|
6 | | possession of the respondent, except as provided in |
7 | | subsection (b), shall be ordered by the court to be |
8 | | turned
over to a person with a valid Firearm Owner's |
9 | | Identification Card for safekeeping. The court shall |
10 | | order that the respondent's Firearm Owner's |
11 | | Identification Card be turned over to the local law |
12 | | enforcement agency, which in turn the local law |
13 | | enforcement agency. The local law enforcement agency |
14 | | shall immediately mail the card to the Department of |
15 | | State Police Firearm Owner's Identification Card |
16 | | Office
for safekeeping. The court shall
issue a warrant |
17 | | for seizure of any firearm in the possession of the |
18 | | respondent, to be kept by the local law enforcement |
19 | | agency for safekeeping, except as provided in |
20 | | subsection (b).
The period of safekeeping shall be for |
21 | | the duration of the order of protection , interim order |
22 | | of protection, emergency order of protection, or |
23 | | plenary order of protection . The firearms, firearm |
24 | | ammunition, stun guns, and tasers firearm or firearms |
25 | | and Firearm Owner's Identification Card, if unexpired, |
26 | | shall at the respondent's request, be returned to the |
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1 | | respondent at the end
of the order of protection , |
2 | | interim order of protection, emergency order of |
3 | | protection, or plenary order of protection . It is the |
4 | | respondent's responsibility to notify the Department |
5 | | of State Police Firearm Owner's Identification Card |
6 | | Office.
|
7 | | (b) If the respondent is a peace officer as defined |
8 | | in Section 2-13 of
the
Criminal Code of 2012, the court |
9 | | shall order that any firearms used by the
respondent in |
10 | | the performance of his or her duties as a
peace officer |
11 | | be surrendered to
the chief law enforcement executive |
12 | | of the agency in which the respondent is
employed, who |
13 | | shall retain the firearms for safekeeping for the |
14 | | duration of the order of protection.
|
15 | | (c) Upon expiration of the period of safekeeping, |
16 | | if the firearms or Firearm Owner's Identification Card |
17 | | cannot be returned to respondent because respondent |
18 | | cannot be located, fails to respond to requests to |
19 | | retrieve the firearms, or is not lawfully eligible to |
20 | | possess a firearm, upon petition from the local law |
21 | | enforcement agency, the court may order the local law |
22 | | enforcement agency to destroy the firearms, use the |
23 | | firearms for training purposes, or for any other |
24 | | application as deemed appropriate by the local law |
25 | | enforcement agency; or that the firearms be turned over |
26 | | to a third party who is lawfully eligible to possess |
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1 | | firearms, and who does not reside with respondent.
|
2 | | (15) Prohibition of access to records. If an order of |
3 | | protection
prohibits respondent from having contact with |
4 | | the minor child,
or if petitioner's address is omitted |
5 | | under subsection (b) of
Section 203, or if necessary to |
6 | | prevent abuse or wrongful removal or
concealment of a minor |
7 | | child, the order shall deny respondent access to, and
|
8 | | prohibit respondent from inspecting, obtaining, or |
9 | | attempting to
inspect or obtain, school or any other |
10 | | records of the minor child
who is in the care of |
11 | | petitioner.
|
12 | | (16) Order for payment of shelter services. Order |
13 | | respondent to
reimburse a shelter providing temporary |
14 | | housing and counseling services to
the petitioner for the |
15 | | cost of the services, as certified by the shelter
and |
16 | | deemed reasonable by the court.
|
17 | | (17) Order for injunctive relief. Enter injunctive |
18 | | relief necessary
or appropriate to prevent further abuse of |
19 | | a family or household member
or further abuse, neglect, or |
20 | | exploitation of a high-risk adult with
disabilities or to |
21 | | effectuate one of the granted remedies, if supported by the
|
22 | | balance of hardships. If the harm to be prevented by the |
23 | | injunction is abuse
or any other harm that one of the |
24 | | remedies listed in paragraphs (1) through
(16) of this |
25 | | subsection is designed to prevent, no further evidence is
|
26 | | necessary that the harm is an irreparable injury.
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1 | | (c) Relevant factors; findings.
|
2 | | (1) In determining whether to grant a specific remedy, |
3 | | other than
payment of support, the court shall consider
|
4 | | relevant factors, including but not limited to the |
5 | | following:
|
6 | | (i) the nature, frequency, severity, pattern and |
7 | | consequences of the
respondent's past abuse, neglect |
8 | | or exploitation of the petitioner or
any family or |
9 | | household member, including the concealment of his or |
10 | | her
location in order to evade service of process or |
11 | | notice, and the likelihood of
danger of future abuse, |
12 | | neglect, or exploitation to petitioner or any member of
|
13 | | petitioner's or respondent's family or household; and
|
14 | | (ii) the danger that any minor child will be abused |
15 | | or neglected or
improperly removed from the |
16 | | jurisdiction, improperly concealed within the
State or |
17 | | improperly separated from the child's primary |
18 | | caretaker.
|
19 | | (2) In comparing relative hardships resulting to the |
20 | | parties from loss
of possession of the family home, the |
21 | | court shall consider relevant
factors, including but not |
22 | | limited to the following:
|
23 | | (i) availability, accessibility, cost, safety, |
24 | | adequacy, location and
other characteristics of |
25 | | alternate housing for each party and any minor child
or |
26 | | dependent adult in the party's care;
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1 | | (ii) the effect on the party's employment; and
|
2 | | (iii) the effect on the relationship of the party, |
3 | | and any minor
child or dependent adult in the party's |
4 | | care, to family, school, church
and community.
|
5 | | (3) Subject to the exceptions set forth in paragraph |
6 | | (4) of this
subsection, the court shall make its findings |
7 | | in an official record or in
writing, and shall at a minimum |
8 | | set forth the following:
|
9 | | (i) That the court has considered the applicable |
10 | | relevant factors
described in paragraphs (1) and (2) of |
11 | | this subsection.
|
12 | | (ii) Whether the conduct or actions of respondent, |
13 | | unless
prohibited, will likely cause irreparable harm |
14 | | or continued abuse.
|
15 | | (iii) Whether it is necessary to grant the |
16 | | requested relief in order
to protect petitioner or |
17 | | other alleged abused persons.
|
18 | | (4) For purposes of issuing an ex parte emergency order |
19 | | of protection,
the court, as an alternative to or as a |
20 | | supplement to making the findings
described in paragraphs |
21 | | (c)(3)(i) through (c)(3)(iii) of this subsection, may
use |
22 | | the following procedure:
|
23 | | When a verified petition for an emergency order of |
24 | | protection in
accordance with the requirements of Sections |
25 | | 203 and 217 is
presented to the court, the court shall |
26 | | examine petitioner on oath or
affirmation. An emergency |
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1 | | order of protection shall be issued by the court
if it |
2 | | appears from the contents of the petition and the |
3 | | examination of
petitioner that the averments are |
4 | | sufficient to indicate abuse by
respondent and to support |
5 | | the granting of relief under the issuance of the
emergency |
6 | | order of protection.
|
7 | | (5) Never married parties. No rights or |
8 | | responsibilities for a minor
child born outside of marriage |
9 | | attach to a putative father until a father and
child |
10 | | relationship has been established under the Illinois |
11 | | Parentage Act of
1984, the Illinois Public Aid Code, |
12 | | Section 12 of the Vital Records Act, the
Juvenile Court Act |
13 | | of 1987, the Probate Act of 1985, the Revised Uniform
|
14 | | Reciprocal Enforcement of Support Act, the Uniform |
15 | | Interstate Family Support
Act, the Expedited Child Support |
16 | | Act of 1990, any judicial, administrative, or
other act of |
17 | | another state or territory, any other Illinois statute, or |
18 | | by any
foreign nation establishing the father and child |
19 | | relationship, any other
proceeding substantially in |
20 | | conformity with the Personal Responsibility and
Work |
21 | | Opportunity Reconciliation Act of 1996 (Pub. L. 104-193), |
22 | | or where 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 acknowledgement, no putative
father shall be granted
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1 | | temporary custody of the minor child, visitation with the |
2 | | minor child, or
physical care and possession of the minor |
3 | | child, nor shall an order of payment
for support of the |
4 | | minor child be entered.
|
5 | | (d) Balance of hardships; findings. If the court finds that |
6 | | the balance
of hardships does not support the granting of a |
7 | | 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
result |
11 | | in hardship to respondent that would substantially outweigh the |
12 | | hardship
to petitioner from denial of the remedy. The findings |
13 | | 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 avoid |
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1 | | further abuse,
neglect, or exploitation by respondent;
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2 | | (6) Petitioner did not leave the residence or household |
3 | | to avoid further
abuse, neglect, or exploitation by |
4 | | respondent;
|
5 | | (7) Conduct by any family or household member excused |
6 | | the abuse,
neglect, or exploitation by respondent, unless |
7 | | that same conduct would have
excused such abuse, neglect, |
8 | | or exploitation if the parties had not been
family or |
9 | | household members.
|
10 | | (Source: P.A. 96-701, eff. 1-1-10; 96-1239, eff. 1-1-11; |
11 | | 97-158, eff. 1-1-12; 97-294, eff. 1-1-12; 97-813, eff. 7-13-12; |
12 | | 97-1131, eff. 1-1-13; 97-1150, eff. 1-25-13.)".
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