Rep. Natalie A. Manley
Filed: 3/21/2014
 
 


 




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1
AMENDMENT TO HOUSE BILL 3269 




2 AMENDMENT NO. ______. Amend House Bill 3269 by replacing 
3everything after the enacting clause with the following:


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




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


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

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

16respondent is a minor. The court, when determining whether or 
 
 
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1not to issue
an order of protection, shall not require physical 
2manifestations of abuse
on the person of the victim. 
3Modification and extension of prior orders of
protection shall 
4be in accordance with this Article.

5 (b) Remedies and standards. The remedies to be included in 
6an order of
protection shall be determined in accordance with 
7this Section and one of
the following Sections, as appropriate: 
8Section 112A-17 on
emergency orders,
Section 112A-18 on interim 
9orders, and Section 112A-19 on
plenary orders.
The remedies 
10listed in this subsection shall be in addition to other civil

11or criminal remedies available to petitioner.


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

16 occurred or otherwise appears likely to occur if not 
17 prohibited.


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,

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

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.


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

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

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.

24 Hardships need not be balanced if respondent does not 
25 have a right to occupancy.


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.


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

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

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.


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.


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

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. 


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.


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. 


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.


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

6 specific parameters or conditions that are appropriate. No 
7 order for
visitation shall refer merely to the term 
8 "reasonable visitation".


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

13 petitioner or petitioner's minor children or is behaving in 
14 a violent or abusive manner.


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

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.


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.


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:


11   (i) petitioner, but not respondent, owns the 
12 property; or


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.


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.


24  No order under this provision shall affect title to 
25 property.


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:


4   (i) petitioner, but not respondent, owns the 
5 property; or


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


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.


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

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


 
 
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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

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.


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.


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.


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

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

12 investigator fees, and travel costs.


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.


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 a firearm, firearm 
26 ammunition, stun gun, or taser may not lawfully possess 
 
 
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1 weapons under Section 8.2 of the Firearm Owners 
2 Identification Card Act.
3   (B) Any firearms, firearm ammunition, stun guns, 
4 or tasers in the
possession of the respondent, except 
5 as provided in subparagraph (C) of this paragraph 
6 (14.5), shall be ordered by the court to be turned
over 
7 to a person with a valid Firearm Owner's Identification 
8 Card for safekeeping. The court shall issue an order 
9 that the respondent's Firearm Owner's Identification 
10 Card be turned over to the local law enforcement 
11 agency, which in turn shall immediately mail the card 
12 to the Department of State Police Firearm Owner's 
13 Identification Card Office for safekeeping.
The period 
14 of safekeeping shall be for the duration of the order 
15 of protection, interim order of protection, emergency 
16 order of protection, or plenary order of protection. 
17 The firearm or firearms and Firearm Owner's 
18 Identification Card, if unexpired, shall at the 
19 respondent's request be returned to the respondent at 
20 expiration of the order of protection, interim order of 
21 protection, emergency order of protection, or plenary 
22 order of protection. It is the respondent's 
23 responsibility to notify the Department of State 
24 Police Firearm Owner's Identification Card Office.

25   (C) If the respondent is a peace officer as defined 
26 in Section 2-13 of
the
Criminal Code of 2012, the court 
 
 
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1 shall order that any firearms used by the
respondent in 
2 the performance of his or her duties as a
peace officer 
3 be surrendered to
the chief law enforcement executive 
4 of the agency in which the respondent is
employed, who 
5 shall retain the firearms for safekeeping for the 
6 duration of the order of protection.

7   (D) Upon expiration of the period of safekeeping, 
8 if the firearms or Firearm Owner's Identification Card 
9 cannot be returned to respondent because respondent 
10 cannot be located, fails to respond to requests to 
11 retrieve the firearms, or is not lawfully eligible to 
12 possess a firearm, upon petition from the local law 
13 enforcement agency, the court may order the local law 
14 enforcement agency to destroy the firearms, use the 
15 firearms for training purposes, or for any other 
16 application as deemed appropriate by the local law 
17 enforcement agency; or that the firearms be turned over 
18 to a third party who is lawfully eligible to possess 
19 firearms, and who does not reside with respondent. 

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 112A-5, or if necessary to 
24 prevent abuse or wrongful removal or
concealment of a minor 
25 child, the order shall deny respondent access to, and

26 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 of 
11 a family or household member or
to effectuate one of the 
12 granted remedies, if supported by the balance of
hardships. 
13 If the harm to be prevented by the injunction is abuse or 
14 any
other harm that one of the remedies listed in 
15 paragraphs (1) through (16)
of this subsection is designed 
16 to prevent, no further evidence is necessary
to establish 
17 that the harm is an irreparable injury.

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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1 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 abused 
6 or neglected or
improperly removed from the 
7 jurisdiction, improperly concealed within the
State or 
8 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 or

17 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, the court shall make its findings 
24 in an official record or in
writing, and shall at a minimum 
25 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) of 
2 this subsection.


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

13 the following procedure:


14  When a verified petition for an emergency order of 
15 protection in
accordance with the requirements of Sections 
16 112A-5 and 112A-17 is
presented to the court, the court 
17 shall examine petitioner on oath or
affirmation. An 
18 emergency order of protection shall be issued by the court

19 if it appears from the contents of the petition and the 
20 examination of
petitioner that the averments are 
21 sufficient to indicate abuse by
respondent and to support 
22 the granting of relief under the issuance of the
emergency 
23 order of protection.


24  (5) Never married parties. No rights or 
25 responsibilities for a minor
child born outside of marriage 
26 attach to a putative father until a father and
child 
 
 
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1 relationship has been established under the Illinois 
2 Parentage Act of
1984. Absent such an adjudication, no 
3 putative father shall be granted
temporary custody of the 
4 minor child, visitation with the minor child, or
physical 
5 care
and possession of the minor child, nor shall
an order 
6 of payment for support of the minor child be entered.

7 (d) Balance of hardships; findings. If the court finds that 
8the balance
of hardships does not support the granting of a 
9remedy governed by
paragraph (2), (3), (10), (11), or (16) of

10subsection (b) of this Section,
which may require such 
11balancing, the court's findings shall so
indicate and shall 
12include a finding as to whether granting the remedy will
result 
13in hardship to respondent that would substantially outweigh the 
14hardship
to petitioner
from denial of the remedy. The findings 
15shall be an official record or in
writing.

16 (e) Denial of remedies. Denial of any remedy shall not be 
17based, in
whole or in part, on evidence that:


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


21  (2) Respondent was voluntarily intoxicated;


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


26  (4) Petitioner did not act in self-defense or defense 
 
 
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1 of another;


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


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


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

10(Source: P.A. 97-158, eff. 1-1-12; 97-1131, eff. 1-1-13; 
1197-1150, eff. 1-25-13; 98-63, eff. 7-9-13.)



12 Section 10. The Illinois Domestic Violence Act of 1986 is 
13amended by changing Section 214 as follows:




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


15 Sec. 214. Order of protection; remedies. 

16 (a) Issuance of order. If the court finds that petitioner 
17has been
abused by a family or household member or that 
18petitioner is a high-risk
adult who has been abused, neglected, 
19or exploited, as defined in this Act,
an order of protection 
20prohibiting the abuse, neglect, or exploitation
shall issue; 
21provided that petitioner must also satisfy the requirements of

22one of the following Sections, as appropriate: Section 217 on 
23emergency
orders, Section 218 on interim orders, or Section 219 
24on plenary orders.
Petitioner shall not be denied an order of 
 
 
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1protection because petitioner or
respondent is a minor. The 
2court, when determining whether or not to issue
an order of 
3protection, shall not require physical manifestations of abuse

4on the person of the victim. Modification and extension of 
5prior
orders of protection shall be in accordance with this 
6Act.

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


14  (1) Prohibition of abuse, neglect, or exploitation. 
15 Prohibit
respondent's harassment, interference with 
16 personal liberty, intimidation
of a dependent, physical 
17 abuse, or willful deprivation, neglect or
exploitation, as 
18 defined in this Act, or stalking of the petitioner, as 
19 defined
in Section 12-7.3 of the Criminal Code of 2012, if 
20 such abuse, neglect,
exploitation, or stalking has 
21 occurred or otherwise appears likely to occur if
not 
22 prohibited.


23  (2) Grant of exclusive possession of residence. 
24 Prohibit respondent from
entering or remaining in any 
25 residence, household, or premises of the petitioner,

26 including one owned or leased by respondent, if petitioner 
 
 
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1 has a right to
occupancy thereof. The grant of exclusive 
2 possession of the residence, household, or premises shall 
3 not
affect title to real property, nor shall the court be 
4 limited by the standard
set forth in Section 701 of the 
5 Illinois Marriage and Dissolution of Marriage
Act.


6   (A) Right to occupancy. A party has a right to 
7 occupancy of a
residence or household if it is solely 
8 or jointly owned or leased by that
party, that party's 
9 spouse, a person with a legal duty to support that 
10 party or
a minor child in that party's care, or by any 
11 person or entity other than the
opposing party that 
12 authorizes that party's occupancy (e.g., a domestic

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


15   (B) Presumption of hardships. If petitioner and 
16 respondent
each has the right to occupancy of a 
17 residence or household, the court
shall balance (i) the 
18 hardships to respondent and any minor child or

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

22 petitioner's care resulting from continued exposure to 
23 the risk of abuse
(should petitioner remain at the 
24 residence or household) or from loss of
possession of 
25 the residence or household (should petitioner leave to 
26 avoid the
risk of abuse). When determining the balance 
 
 
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1 of hardships, the court shall
also take into account 
2 the accessibility of the residence or household.

3 Hardships need not be balanced if respondent does not 
4 have a right to
occupancy.


5   The balance of hardships is presumed to favor 
6 possession by
petitioner unless the presumption is 
7 rebutted by a preponderance of the
evidence, showing 
8 that the hardships to respondent substantially 
9 outweigh
the hardships to petitioner and any minor 
10 child or dependent adult in
petitioner's care. The 
11 court, on the request of petitioner or on its own

12 motion, may order respondent to provide suitable, 
13 accessible, alternate housing
for petitioner instead 
14 of excluding respondent from a mutual residence or

15 household.


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

18 protected by the order of protection, or prohibit 
19 respondent from entering
or remaining present at 
20 petitioner's school, place of employment, or other

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

25 right to enter the premises.

26   (A) If an order of protection grants petitioner 
 
 
09800HB3269ham003- 22 -LRB098 07721 RLC 56843 a


1 exclusive possession
of the residence, or prohibits 
2 respondent from entering the residence,
or orders 
3 respondent to stay away from petitioner or other

4 protected persons, then the court may allow respondent 
5 access to the
residence to remove items of clothing and 
6 personal adornment
used exclusively by respondent, 
7 medications, and other items as the court
directs. The 
8 right to access shall be exercised on only one occasion 
9 as the
court directs and in the presence of an 
10 agreed-upon adult third party or law
enforcement 
11 officer.

12   (B) When the petitioner and the respondent attend 
13 the same public, private, or non-public elementary, 
14 middle, or high school, the court when issuing an order 
15 of protection and providing relief shall consider the 
16 severity of the act, any continuing physical danger or 
17 emotional distress to the petitioner, the educational 
18 rights guaranteed to the petitioner and respondent 
19 under federal and State law, the availability of a 
20 transfer of the respondent to another school, a change 
21 of placement or a change of program of the respondent, 
22 the expense, difficulty, and educational disruption 
23 that would be caused by a transfer of the respondent to 
24 another school, and any other relevant facts of the 
25 case. The court may order that the respondent not 
26 attend the public, private, or non-public elementary, 
 
 
09800HB3269ham003- 23 -LRB098 07721 RLC 56843 a


1 middle, or high school attended by the petitioner, 
2 order that the respondent accept a change of placement 
3 or change of program, as determined by the school 
4 district or private or non-public school, or place 
5 restrictions on the respondent's movements within the 
6 school attended by the petitioner.
The respondent 
7 bears the burden of proving by a preponderance of the 
8 evidence that a transfer, change of placement, or 
9 change of program of the respondent is not available. 
10 The respondent also bears the burden of production with 
11 respect to the expense, difficulty, and educational 
12 disruption that would be caused by a transfer of the 
13 respondent to another school. A transfer, change of 
14 placement, or change of program is not unavailable to 
15 the respondent solely on the ground that the respondent 
16 does not agree with the school district's or private or 
17 non-public school's transfer, change of placement, or 
18 change of program or solely on the ground that the 
19 respondent fails or refuses to consent or otherwise 
20 does not take an action required to effectuate a 
21 transfer, change of placement, or change of program.

22 When a court orders a respondent to stay away from the 
23 public, private, or non-public school attended by the 
24 petitioner and the respondent requests a transfer to 
25 another attendance center within the respondent's 
26 school district or private or non-public school, the 
 
 
09800HB3269ham003- 24 -LRB098 07721 RLC 56843 a


1 school district or private or non-public school shall 
2 have sole discretion to determine the attendance 
3 center to which the respondent is transferred.
In the 
4 event the court order results in a transfer of the 
5 minor respondent to another attendance center, a 
6 change in the respondent's placement, or a change of 
7 the respondent's program, the parents, guardian, or 
8 legal custodian of the respondent is responsible for 
9 transportation and other costs associated with the 
10 transfer or change. 
11   (C) The court may order the parents, guardian, or 
12 legal custodian of a minor respondent to take certain 
13 actions or to refrain from taking certain actions to 
14 ensure that the respondent complies with the order. In 
15 the event the court orders a transfer of the respondent 
16 to another school, the parents, guardian, or legal 
17 custodian of the respondent is responsible for 
18 transportation and other costs associated with the 
19 change of school by the respondent. 

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

26 abusers or any other guidance service the court deems 
 
 
09800HB3269ham003- 25 -LRB098 07721 RLC 56843 a


1 appropriate. The Court may order the respondent in any 
2 intimate partner relationship to report to an Illinois 
3 Department of Human Services protocol approved partner 
4 abuse intervention program for an assessment and to follow 
5 all recommended treatment. 


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


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


21  (6) Temporary legal custody. Award temporary legal 
22 custody to petitioner
in accordance with this Section, the 
23 Illinois Marriage and Dissolution of
Marriage Act, the 
24 Illinois Parentage Act of 1984, and this State's Uniform

25 Child-Custody Jurisdiction and Enforcement Act. 


26  If a court finds, after a hearing, that respondent has 
 
 
09800HB3269ham003- 26 -LRB098 07721 RLC 56843 a


1 committed abuse (as
defined in Section 103) of a minor 
2 child, there shall be a rebuttable
presumption that 
3 awarding temporary legal custody to respondent would not be 
4 in
the child's best interest.


5  (7) Visitation. Determine the visitation rights, if 
6 any, of respondent in
any case in which the court awards 
7 physical care or temporary legal custody of
a minor child 
8 to petitioner. The court shall restrict or deny 
9 respondent's
visitation with a minor child if the court 
10 finds that respondent has done or is
likely to do any of 
11 the following: (i) abuse or endanger the minor child during

12 visitation; (ii) use the visitation as an opportunity to 
13 abuse or harass
petitioner or petitioner's family or 
14 household members; (iii) improperly
conceal or detain the 
15 minor child; or (iv) otherwise act in a manner that is
not 
16 in the best interests of the minor child. The court shall 
17 not be limited
by the standards set forth in Section 607.1 
18 of the Illinois Marriage and
Dissolution of Marriage Act. 
19 If the court grants visitation, the order shall
specify 
20 dates and times for the visitation to take place or other 
21 specific
parameters or conditions that are appropriate. No 
22 order for visitation shall
refer merely to the term 
23 "reasonable visitation".


24  Petitioner may deny respondent access to the minor 
25 child if, when
respondent arrives for visitation, 
26 respondent is under the influence of drugs
or alcohol and 
 
 
09800HB3269ham003- 27 -LRB098 07721 RLC 56843 a


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

2 petitioner or petitioner's minor children or is behaving in 
3 a violent or
abusive manner.


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

9 alternative arrangements for visitation. A person may be 
10 approved to
supervise visitation only after filing an 
11 affidavit accepting
that responsibility and acknowledging 
12 accountability to the court.


13  (8) Removal or concealment of minor child. Prohibit 
14 respondent from
removing a minor child from the State or 
15 concealing the child within the State.


16  (9) Order to appear. Order the respondent to appear in 
17 court, alone
or with a minor child, to prevent abuse, 
18 neglect, removal or concealment of
the child, to return the 
19 child to the custody or care of the petitioner or
to permit 
20 any court-ordered interview or examination of the child or 
21 the
respondent.


22  (10) Possession of personal property. Grant petitioner 
23 exclusive
possession of personal property and, if 
24 respondent has possession or
control, direct respondent to 
25 promptly make it available to petitioner, if:


26   (i) petitioner, but not respondent, owns the 
 
 
09800HB3269ham003- 28 -LRB098 07721 RLC 56843 a


1 property; or


2   (ii) the parties own the property jointly; sharing 
3 it would risk
abuse of petitioner by respondent or is 
4 impracticable; and the balance of
hardships favors 
5 temporary possession by petitioner.


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


13  No order under this provision shall affect title to 
14 property.


15  (11) Protection of property. Forbid the respondent 
16 from taking,
transferring, encumbering, concealing, 
17 damaging or otherwise disposing of
any real or personal 
18 property, except as explicitly authorized by the
court, if:


19   (i) petitioner, but not respondent, owns the 
20 property; or


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


23  If petitioner's sole claim to ownership of the property 
24 is that it is
marital property, the court may grant 
25 petitioner relief under subparagraph
(ii) of this 
26 paragraph only if a proper proceeding has been filed under 
 
 
09800HB3269ham003- 29 -LRB098 07721 RLC 56843 a


1 the
Illinois Marriage and Dissolution of Marriage Act, as 
2 now or hereafter amended.


3  The court may further prohibit respondent from 
4 improperly using the
financial or other resources of an 
5 aged member of the family or household
for the profit or 
6 advantage of respondent or of any other person.

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


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

22 support, payment through the clerk and withholding of 
23 income to secure
payment. An order for child support may be 
24 granted to a petitioner with
lawful physical care or 
25 custody of a child, or an order or agreement for
physical 
26 care or custody, prior to entry of an order for legal 
 
 
09800HB3269ham003- 30 -LRB098 07721 RLC 56843 a


1 custody.
Such a support order shall expire upon entry of a 
2 valid order granting
legal custody to another, unless 
3 otherwise provided in the custody order.


4  (13) Order for payment of losses. Order respondent to 
5 pay petitioner for
losses suffered as a direct result of 
6 the abuse, neglect, or exploitation.
Such losses shall 
7 include, but not be limited to, medical expenses, lost

8 earnings or other support, repair or replacement of 
9 property damaged or taken,
reasonable attorney's fees, 
10 court costs and moving or other travel expenses,
including 
11 additional reasonable expenses for temporary shelter and 
12 restaurant
meals.


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


22   (ii) Recovery of expenses. In the case of an 
23 improper concealment
or removal of a minor child, the 
24 court may order respondent to pay the
reasonable 
25 expenses incurred or to be incurred in the search for 
26 and recovery
of the minor child, including but not 
 
 
09800HB3269ham003- 31 -LRB098 07721 RLC 56843 a


1 limited to legal fees, court costs,
private 
2 investigator fees, and travel costs.


3  (14) Prohibition of entry. Prohibit the respondent 
4 from entering or
remaining in the residence or household 
5 while the respondent is under the
influence of alcohol or 
6 drugs and constitutes a threat to the safety and
well-being 
7 of the petitioner or the petitioner's children.


8  (14.5) Prohibition of firearm possession.


9   (a) A person who is subject to an existing order of 
10 protection, interim order of protection, emergency 
11 order of protection, or plenary order of protection, 
12 issued under this Act or a substantially similar order 
13 of protection issued by any other state, possession, or 
14 territory of the United States, or the District of 
15 Columbia may not lawfully possess firearms, firearm 
16 ammunition, stun guns, or tasers under Section 8.2 of 
17 the Firearm Owners Identification Card Act, Prohibit a 
18 respondent against whom an order of protection was 
19 issued from possessing any firearms during the 
20 duration of the order if the order:
21    (1) was issued after a hearing of which such 
22 person received
actual notice, and at which such 
23 person had an opportunity to
participate;
24    (2) restrains such person from harassing, 
25 stalking, or
threatening an intimate partner of 
26 such person or child of such
intimate partner or 
 
 
09800HB3269ham003- 32 -LRB098 07721 RLC 56843 a


1 person, or engaging in other conduct that
would 
2 place an intimate partner in reasonable fear of 
3 bodily
injury to the partner or child; and
4    (3)(i) includes a finding that such person 
5 represents a
credible threat to the physical 
6 safety of such intimate partner
or child; or
(ii) 
7 by its terms explicitly prohibits the use, 
8 attempted
use, or threatened use of physical force 
9 against such intimate
partner or child that would 
10 reasonably be expected to cause
bodily injury.
11  Any firearms, firearm ammunition, stun guns, or tasers 
12 in the possession of the respondent, except as provided 
13 in item (b) of this paragraph (14.5), shall be ordered 
14 by the court to be turned over to a person with a valid 
15 Firearm Owner's Identification Card for safekeeping. 
16 The court shall order that the respondent's Firearm 
17 Owner's Identification Card be turned over to the local 
18 law enforcement agency, which shall immediately mail 
19 the card to the Department of State Police Firearm 
20 Owner's Identification Card Office for safekeeping. 
21 The period of safekeeping shall be for the duration of 
22 the order of protection, interim order of protection, 
23 emergency order of protection, or plenary order of 
24 protection. The firearms, firearm ammunition, stun 
25 guns, or tasers and Firearm Owner's Identification 
26 Card, if unexpired, shall at the respondent's request, 
 
 
09800HB3269ham003- 33 -LRB098 07721 RLC 56843 a


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


23   (b) If the respondent is a peace officer as defined 
24 in Section 2-13 of
the
Criminal Code of 2012, the court 
25 shall order that any firearms used by the
respondent in 
26 the performance of his or her duties as a
peace officer 
 
 
09800HB3269ham003- 34 -LRB098 07721 RLC 56843 a


1 be surrendered to
the chief law enforcement executive 
2 of the agency in which the respondent is
employed, who 
3 shall retain the firearms for safekeeping for the 
4 duration of the order of protection.

5   (c) Upon expiration of the period of safekeeping, 
6 if the firearms or Firearm Owner's Identification Card 
7 cannot be returned to respondent because respondent 
8 cannot be located, fails to respond to requests to 
9 retrieve the firearms, or is not lawfully eligible to 
10 possess a firearm, upon petition from the local law 
11 enforcement agency, the court may order the local law 
12 enforcement agency to destroy the firearms, use the 
13 firearms for training purposes, or for any other 
14 application as deemed appropriate by the local law 
15 enforcement agency; or that the firearms be turned over 
16 to a third party who is lawfully eligible to possess 
17 firearms, and who does not reside with respondent. 

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

24 prohibit respondent from inspecting, obtaining, or 
25 attempting to
inspect or obtain, school or any other 
26 records of the minor child
who is in the care of 
 
 
09800HB3269ham003- 35 -LRB098 07721 RLC 56843 a


1 petitioner.


2  (16) Order for payment of shelter services. Order 
3 respondent to
reimburse a shelter providing temporary 
4 housing and counseling services to
the petitioner for the 
5 cost of the services, as certified by the shelter
and 
6 deemed reasonable by the court.


7  (17) Order for injunctive relief. Enter injunctive 
8 relief necessary
or appropriate to prevent further abuse of 
9 a family or household member
or further abuse, neglect, or 
10 exploitation of a high-risk adult with
disabilities or to 
11 effectuate one of the granted remedies, if supported by the

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

16 necessary that the harm is an irreparable injury.

17 (c) Relevant factors; findings.


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

20 relevant factors, including but not limited to the 
21 following:


22   (i) the nature, frequency, severity, pattern and 
23 consequences of the
respondent's past abuse, neglect 
24 or exploitation of the petitioner or
any family or 
25 household member, including the concealment of his or 
26 her
location in order to evade service of process or 
 
 
09800HB3269ham003- 36 -LRB098 07721 RLC 56843 a


1 notice, and the likelihood of
danger of future abuse, 
2 neglect, or exploitation to petitioner or any member of

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


4   (ii) the danger that any minor child will be abused 
5 or neglected or
improperly removed from the 
6 jurisdiction, improperly concealed within the
State or 
7 improperly separated from the child's primary 
8 caretaker.


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


13   (i) availability, accessibility, cost, safety, 
14 adequacy, location and
other characteristics of 
15 alternate housing for each party and any minor child
or 
16 dependent adult in the party's care;


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


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


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


25   (i) That the court has considered the applicable 
26 relevant factors
described in paragraphs (1) and (2) of 
 
 
09800HB3269ham003- 37 -LRB098 07721 RLC 56843 a


1 this subsection.


2   (ii) Whether the conduct or actions of respondent, 
3 unless
prohibited, will likely cause irreparable harm 
4 or continued abuse.


5   (iii) Whether it is necessary to grant the 
6 requested relief in order
to protect petitioner or 
7 other alleged abused persons.


8  (4) For purposes of issuing an ex parte emergency order 
9 of protection,
the court, as an alternative to or as a 
10 supplement to making the findings
described in paragraphs 
11 (c)(3)(i) through (c)(3)(iii) of this subsection, may
use 
12 the following procedure:


13  When a verified petition for an emergency order of 
14 protection in
accordance with the requirements of Sections 
15 203 and 217 is
presented to the court, the court shall 
16 examine petitioner on oath or
affirmation. An emergency 
17 order of protection shall be issued by the court
if it 
18 appears from the contents of the petition and the 
19 examination of
petitioner that the averments are 
20 sufficient to indicate abuse by
respondent and to support 
21 the granting of relief under the issuance of the
emergency 
22 order of protection.


23  (5) Never married parties. No rights or 
24 responsibilities for a minor
child born outside of marriage 
25 attach to a putative father until a father and
child 
26 relationship has been established under the Illinois 
 
 
09800HB3269ham003- 38 -LRB098 07721 RLC 56843 a


1 Parentage Act of
1984, the Illinois Public Aid Code, 
2 Section 12 of the Vital Records Act, the
Juvenile Court Act 
3 of 1987, the Probate Act of 1985, the Revised Uniform

4 Reciprocal Enforcement of Support Act, the Uniform 
5 Interstate Family Support
Act, the Expedited Child Support 
6 Act of 1990, any judicial, administrative, or
other act of 
7 another state or territory, any other Illinois statute, or 
8 by any
foreign nation establishing the father and child 
9 relationship, any other
proceeding substantially in 
10 conformity with the Personal Responsibility and
Work 
11 Opportunity Reconciliation Act of 1996 (Pub. L. 104-193), 
12 or where both
parties appeared in open court or at an 
13 administrative hearing acknowledging
under
oath or 
14 admitting by affirmation the existence of a father and 
15 child
relationship.
Absent such an adjudication, finding, 
16 or acknowledgement, no putative
father shall be granted

17 temporary custody of the minor child, visitation with the 
18 minor child, or
physical care and possession of the minor 
19 child, nor shall an order of payment
for support of the 
20 minor child be entered.

21 (d) Balance of hardships; findings. If the court finds that 
22the balance
of hardships does not support the granting of a 
23remedy governed by
paragraph (2), (3), (10), (11), or (16) of 
24subsection (b) of this Section,
which may require such 
25balancing, the court's findings shall so
indicate and shall 
26include a finding as to whether granting the remedy will
result 
 
 
09800HB3269ham003- 39 -LRB098 07721 RLC 56843 a


1in hardship to respondent that would substantially outweigh the 
2hardship
to petitioner from denial of the remedy. The findings 
3shall be an official
record or in writing.

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


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


9  (2) Respondent was voluntarily intoxicated;


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


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


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


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


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

26(Source: P.A. 96-701, eff. 1-1-10; 96-1239, eff. 1-1-11; 
 
 
09800HB3269ham003- 40 -LRB098 07721 RLC 56843 a


197-158, eff. 1-1-12; 97-294, eff. 1-1-12; 97-813, eff. 7-13-12; 
297-1131, eff. 1-1-13; 97-1150, eff. 1-25-13.)".